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HomeMy WebLinkAboutcoa.lu.rz.Holy Cross Energy Property.A027-002735 CASE NUMBER A027-00 PARCEL ID# 2735 CASE NAME Holy Cross Energy Property PROJECT ADDRESS Power Plant Road PLANNER Nick Lelack CASE TYPE Rezoning, PUD OWNER/APPLICANT Holy Cross Energy/ C/o Robert Gardener REPRESENTATIVE Alan Richman DATE OF FINAL ACTION 6/26/00 CITY COUNCIL ACTION Ord. 21-2000 PZ ACTION ADMIN ACTION BOA ACTION DATE CLOSED 8/2/00 BY J. Lindt 0 PARCEL ID:12735 DATE RCVD: 13/7'00 #COPIES: ��Nrr CASE NO1A027-00 CASE NAMEiHoly Cross Energy Property Pi�NR:1 PRO ADDR:IPower Plant Road CASE TYP: Rezoning, PUD STEPS:1 OWN/APP Y HoI Cross Energy/ ADR Postal Drawer 2150 C/S/Z: Glenwood SprmgsiC PHN: REP:IAIan Richman ADR:1Box 3613 C/S/Z: Aspen/CO/81612 PH 920-1125 FEES DUE:12310D 330 E FEES RCVD: 2640 STAT: l REFERRALS REF: BY DUE: a NOTICED DATE OF FINAL ACTION " � /� CITY COUNCIL: dr REMARKS ter' PZ:'. CLOSED: Y`i BY: �� PLAT SUBMITD: _ PLAT(BK,Pc __ AIfIIN • r 1 w DEVELOPMENT ORDER of the City of Aspen Community Development Department This Development Order, hereinafter "Order", is hereby issued pursuant to Section 26.304.070, "Development Orders", and Section 26.308.010, "Vested Property Rights", of the City of Aspen Municipal Code. This Order allows development of a site specific development plan pursuant to the provisions of the land use approvals, described herein. The effective date of this Order shall also be the initiation date of a three-year vested property right. The vested property right shall expire on the day after the third anniversary of the effective date of this Order, unless a building permit is approved pursuant to Section 26.304.075, or unless an exemption, extension, reinstatement, or a revocation is issued by City Council pursuant to Section 26.308.010. After Expiration of vested property rights, this Order shall remain in full force and effect, excluding any growth management allotments granted pursuant to Section 26.470, but shall be subject to any amendments to the Land Use Code adopted since the effective date of this Order. This Development Order is associated with the property noted below for the site specific development plan as described below. Holy Cross Energy, Postal Drawer 2150, Glenwood Springs, CO 81602 Property Owner's Name, Mailing Address and telephone number Holy Cross Property Power Plant Road Legal Description and Street Address of Subject Property Rezoning,PUD Written Description of the Site Specific Plan and/or Attachment Describing Plan City Council Ordinance# 21-2000, 6/26/00 Land Use Approval(s)Received and Dates(Attach Final Ordinances or Resolutions) July 15, 2000 Effective Date of Development Order (Same as date of publication of notice of approval.) July 16, 2003 Expiration Date of Development Order(The extension, reinstatement, exemption from expiration and revocation may be pursued in accordance with Section 26.308.010 of the City of Aspen Municipal Code.) Issued this 15th day of July, 2000, by the City of Aspen Community Dom;lopment Director. Ju Y Ann Woods, Community Development Director PUBLIC NOTICE Of DEVELOPMENT APPROVAL Notice is hereby given to the general public of the approval of a site specific development plan, and the creation of a vested property right pursuant to the Land Use Code of the City of Aspen and Title 24, Article 68, Colorado Revised Statutes, pertaining to the following described property: Holy Cross Parcel, by Ordinance of the City Council numbered 21, series of 2000. For further information contact Julie Ann Woods, at the Aspen/Pitkin Community Development Dept. 130 S. Galena St, Aspen, Colorado (970) 920-5090. s/City of Aspen Account Publish in The Aspen Times on July 15, 2000 if 0 y 0 MEMORANDUM TO: Mayor and City Council THRU: Steve Barwick, City Manager Q1 John Worcester, City Attorney 140(p.) Julie Ann Woods, Community Development Director Joyce Ohlson, Deputy Director ii FROM: Nick Lelack, Planner 4,1)/-' RE: Holy Cross Energy: Rezoning to R-30/Planned Unit Development& Consolidated PUD Review—2nd Readin g/Public Hearing DATE: June 26, 2000 APPLICANT: Power Plant Road. Holy Cross Energy REPRESENTATIVE: = "- ""` ' Alan Richman Planning Services `' •� a LOCATION: s w Along Power Plant Rd., north of ``- 7 ` � - Hwy 82 and Castle Creek Bridge . CURRENT ZONING: -• ;44 *":- _„ Conservation& Public 11;,_ PROPOSED ZONING: '% ' ` R-30/PUD Overlay The arrow points to the proposed location for a single family residence. The trail down to.Power Plant Road would become the driveway; utilities would be located beneath a CURRENT LAND USE: rebuilt trail in the foreground parallel to Hwy 82. An aerial Vacant photograph is included at the end of this memorandum. PROPOSED LAND USE: SUMMARY: Residential The purpose of this application is to gain approvals of a rezoning and site specific Planned Unit Development LOT SIZE: (PUD)Plan for the development of a single family 32,456 sq. ft. residence. Rezoning the property brings the parcel into conformance with the land use code by creating a lot FAR: which is in compliance with its zone's lot size, and the Under Current Zoning: 5000 sq. ft. PUD establishes the building envelope and other R-30/PUD Allowable: 3,581 sq. ft. dimensional requirements. In addition,the City will be Proposed Allowable: 3,200 sq. ft. provided with a permanent trail easement across this lot. The Planning and Zoning Commission voted 4-1 to recommend approval. 1 0 0 REVIEW PROCEDURE • Rezoning &Consolidated Planned Unit Development Reviews: City Council shall approve, approve with conditions, or deny a rezoning and/or Consolidated PUD request after considering a recommendation by the Planning and Zoning Commission. STAFF COMMENTS: Holy Cross Energy Association (Applicant), represented by Alan Richman of Alan Richman Planning Services, is requesting land use approvals to establish a building envelope for the development of a single family residence on a lot located below and north of Highway 82 and Castle Creek Bridge, east of Barn ard Court and Park, and on both sides of Power Plant Road above the Aspen City shop.. Holy Cross previously offered the site for sale to. the City of Aspen and Aspen/Pitkn County Housing Authority, but both entites decided not to purchase the lot. One request is to rezone the parcel. Currently, the parcel is split zoned, with the Conservation Zone District on the west portion located above Power Plant Road and the Public Zone District on the east portion located below Power Plant Road. The photograph below shows the portion of the lot zoned Conservation. The Conservation zone.District allows the construction of a single family residence, but the Public Zone Distrct does not. The request is to rezone the entire parcel to the R-30, Low Density Residential Zone District with a Planned Unit Development (PUD) Overlay. The second request is for Consolidated Planned Unit Development (PUD) Review to create a site specific PUD Plan. The PUD would establish the building envelope on the west portion of the parcel zoned Conservation. In addition, the Applicant requested the development be granted vested rights status. Ordinance No. 5, Series of 2000, automatically grants vested rights status for three years for approved developments, so this request will be acknowledged if the project is approved. Rezoning to R-30/PUD " *Rezoning the property achieves Public Zone two goals. First, the parcel is District k„: currently a non-conforming lot A` - , in the Conservation Zone It Conservation �.� � �� Zone District District because the minimum L ' ,..lot size for 10 parcel in this district is.10 acres. This parcel is approxmately 32,456 square gip. Zone district• division line feet, or .75 acres. The is Power a Plant Road minimum lot size in the R-30 � � ,� � ' Zone District is 30,000 square feet. Thus, the rezoned lot would conform to the lan d use code. 2 Second, although a single family residence is permitted in the Conservation Zone District, the front-, rear-, and side-yard setbacks in this zone district - designed for 10 acre parcels - would overlap on this .75 acre lot, leaving no developable area for a single family residence, which is a permitted use. Instead of requesting a setback variance, Staff recommended the applicant apply to rezone the property to both bring the lot into conformance with the Land Use Code as well as to establish the building envelope in the best possible location on the site as part of the PUD. Staff supports the rezoning request because it brings the lot into conformance with the code, and allows for the minimum land use of the property of one single family dwelling. Site Specific Planned Unit Development The second request is for Consolidated Planned Unit Development (PUD) Review to create a site specific PUD Plan to establish a building envelope and other dimensions for a single-family house on the lot. A PUD would ensure that the location, dimensions, and landscaping of the lot are site and neighborhood sensitive. The following table shows the dimensional requirements for the Conservation Zone District, R-30 Zone District, and proposed PUD. Zone District Front Side Rear Height Floor Area Ratio Conservation 100 feet 30 feet 30 feet 28 feet 3,750 sq. ft.* R-30, Low Density Residential 25 feet 10 feet 10 feet 25 feet 3,581 sq. ft.* Proposed PUD 16.75 feet 10 feet 15 feet 25 feet 3,200 sq. ft. NOTE: These calculations include the maximum 25% slope reduction requirement. The table illustrates that the proposed PUD is more restrictive than the existing Conservation Zone District for height and floor area ratio, but less restrictive for all setbacks. The proposed dimensions establish a building envelope on the relatively flat bench in the center of the portion of the lot located above Power Plant Road. Staff believes this site provides challenges for the development of a single family residence. It contains trails (discussed in the next section), slopes, mature native vegetation, and is fairly difficult to access and connect to public utilities. Nevertheless, Staff believes that the proposed PUD creates a building envelope, access, and dimensional requirements that are site and neighborhood sensitive. The building envelope is relatively flat and avoids most of the dense, mature native vegetation on the site. It is for these reasons that Staff can support the site specific PUD. Trails, Driveway & Utilities Two (2) pedestrian/bike trails currently cross the property. One trail (Trail 1) runs parallel to Highway 82 on the southern portion of the property and then continues under the Castle Creek Bridge. This trail connects Cemetery Lane to the Marolt property and the school trail. A portion of the trail that runs parallel to Highway 82 is on both City and Holy Cross properties. A second trail (Trail 2) splits off from this 3 ...E trail, crosses through the center of the property, and then connects the pedestrian/bike trail to Power Plant Road. The photo below does not accurately reflect the survey line. Holy Cross granted Pitkin County revocable trail easements for both trails on its property in 1974( Exhibit 3 of the application). The easements "may be terminated by Grantor, its successors or assigns, for any reason ate time." Holy Cross proposes to terminate the revocable easement for Trail 2 and convert the trail into a driveway to access the building envelope. The Applicant also proposes to grant the City of Aspen a permanent easement for the portion of Trail 1 located on its property. The utility plan for the property demonstrates that the necessary utilities are located immediately west of the property (toward Barnard Court). Holy Cross is requesting a utility easement from the City to locate the utilities beneath Trail 1, reducing disturbance to the native vegetation on the slopes to the property. In exchange for the utility easement, the Applicant agrees to rebuild Trail 1 that runs parallel to the highway and continues on the Holy Cross property beneath Castle Creek Bridge. Community Development and Parks Staff are disappointed about the prospect of losing Trail 2, however, the owners are within their rights to do so. This link provides an important connection from Trail 1 to Power Plant Road Power Plant `� _ Road and neighbors have expressed their desire to keep the trail. Trai12 Staff has explored a number Barnard � ' ' of options for maintaining Court this connection, but the steep =Y � slopes, retaining walls, and dense vegetation do not make another realignment or option possible. Pedestrian and bike Trail t ' Holy Cross traffic from Power Plant :"{ 'k. Property Road can continue around the Hwy 82 bend in the road a little Trail i tY p Ci Property further and connect to Trail 1 via Barnard Court or crossing Cemetery Lane. Staff recognizes that the existing easement is revocable and the trail provides the best vehicular access to the property. The Applicant and Staff explored the possibility of accessing the property from Barnard Court. But steep slopes and potential conflicts with heavy pedestrian and bike traffic on Trail 1 make this a challenging option. Staff supports placing the utilities under Trail 1 in exchange for a rebuilt trail. Parks Department Staff and neighbors contend that this steep trail is dangerous and in need of repair and re-grading to make it safer. Placing utilities under the trail would also 4 alleviate the need for imposing greater impacts on the site's slopes and native vegetation. Planning and Zoning Commission & City Council Action The Planning and Zoning Commission voted 4-1 to recommend City Council approve the rezoning and Consolidated PUD. City Council approved the ordinance on First Reading on June 6, 2000. Planning and Zoning Commissioners generally agreed with Staff that the site is challenging for the development of a single family residence, but also that existing zoning prohibits any viable use of the land (the Conservation Zone District's permitted and conditional uses are included as Exhibit C). Some members also expressed appreciation for the Applicant's willingness to further restrict FAR for the site as part of the PUD. The Commissioner who voted against the application said he does not believe the application meets several of the zoning and PUD criteria. The Commission recommended two conditions of approval. The conditions are that the Planning and Zoning Commission shall approve detailed landscape and architectural plans for the property prior to an application for building permit. The reasons for the conditions are that the PUD criteria addresses each of these development characteristics for this prominent location near the entrance to town; however, the application contains hypothetical landscape and architectural plans because Holy Cross does not plan to develop the property. The Applicant agreed to the conditions. A few neighbors voiced their opposition to the project, explaining that they bought their properties with the understanding that the site would not be developed because the Conservation Zone District's setback precluded development on the parcel. They also argued that Trail 2 is important because it is regularly used by children going to school. RECOMMENDATION: Staff recommends City Council approve of rezoning the Holy Cross Energy Association parcel to R-30/PUD and creating a site specific PUD plan,with conditions in the draft Ordinance. RECOMMENDED MOTION: "I move to approve Ordinance No.PA , Series of 2000, approving rezoning the Holy Cross Energy parcel to R-30/PUD and creating a site specific PUD." CITY MANAGER COMMENTS: 5 omit ATTACHMENTS: Exhibit A -- Review Criteria and Staff Findings Exhibit B -- Referral Agency Comments • Exhibit C -- Conservation Zone District Exhibit D -- Development Application i I 6 U) C141 a = as itT ib \) CF zJ � C 0_1k .R. _: ha . P#4. 4 r n4 .' �. c.-! s� '� * #At,.......1.......l. :.,.•'::Iv.''' 7t..,,,',,,,,..,44..',5.,,"•4.....„040,1 P. ... '� N f�• 0 L. ........:.......:::. :.1::,::::',., 1,::L1. ■i: 0 , .4'::,,, ... ::. . P 4 . ll•l E '� f C lg 2 °' 0 a`ti k T ,i4A 'I,. • olvv-1,„;;;:1;-, . >r i n _ .. . Y t e• .' -:•• .' '. ''4041- ''''' ' • •� •*; .'IP . . '/, A .'. ' , fp.4!'._ . y3( q. A :y� ,Y k - ,�p iT 4444.∎ e lit 44' ,mor . y a _ - .' g I y _ . . , x I -� 4 a Y . F-0114.7 fib" ' Du .., � 'I R 4 �'M." � ^_ - EXHIBIT A HOLY CROSS REZONING TO R-30/PUD & CONSOLIDATED PUD REVIEW CRITERIA& STAFF FINDINGS Section 26.310.020, Standards Applicable to Amendments to the Official Zone District Map In reviewing an amendment to the official zone district map, the Planning and Zoning Commission shall consider: A. Whether the proposed amendment is in conflict with any applicable portions of this title. Staff Finding: Staff does not believe rezoning this parcel from Conservation and Public to R-30/PUD would be in conflict with any portions of this title. Rezoning the property would bring it into compliance with the Land Use Code because the 32,456 square foot lot would comply with the minimum lot size for this zone district, which is 30,000 square feet. This parcel is contiguous to land zoned R-30/PUD immediately to the south. B. Whether the proposed amendment is consistent with all elements of the Aspen Area Comprehensive Plan. Staff Finding: Staff believes rezoning the parcel will not conflict with the AACP. The AACP's Growth Philosophy states that the City of Aspen agrees to accept greater density within the Aspen Community Growth Boundary, and the proposed development is located within this area. It is specifically proposed for an undeveloped parcel situated below Castle Creek Bridge, above Power Plant Road, and east of Barnard Court. The AACP also encourages reducing automobile trips. This parcel is within walking and biking distance to town, trails, bus stops, and recreation areas. One of the goals of the AACP is to improve safety for pedestrians and bikes in the Aspen area. The proposal is essentially a trade-off concerning this goal. One trail crossing the property from Power Plant Road to the trail along Highway 82 and under Castle Creek Bridge would be removed because the Applicant would revoke the trail easement to gain access for the parcel. A trail easement granted by Holy Cross Energy Association to Pitkin County in 1974 states that the easement "may be terminated by Grantor, its successors or assigns, for any reason at any time." However, the community gains from the dedication of a permanent easement for the trail that connects Cemetery Lane to the Marolt property running along side Highway 82 and then underneath the bridge (referred to as Trail 1 in the Staff memo). In addition, the Applicant agrees to rebuild the path subject to the Parks Department's approval in exchange for a utility 7 easement from the City of Aspen to place utilities under the path. The trail is in need of repair and contains fairly steep slopes that are not safe for all bicyclists and pedestrians; the rebuilt trail would be made safer for all users. C. Whether the proposed amendment is compatible with surrounding zone districts and land uses, considering existing land use and neighborhood characteristics. Staff Finding: Rezoning the property would permit the development of one single family residence on the site, which is also allowed under current zoning. Zoning in the Cemetery Lane area is either zoned R-6, R-15, R-30/PUD, and Park (for the golf course). Staff believes the proposed rezoning, R-30, is compatible with the character of existing land uses in the area. The property is surrounded by single family and duplex units, Highway 82, a park, bike paths, and the City maintenance shop. The proposed residence would be consistent with these uses. According to the Applicant, the reason for the rezoning and PUD is to establish a building envelope and dimensional requirements to situate the house in a location that minimizes its impact on slopes and native vegetation. The location of the proposed building envelope is currently zoned Conservation, which prescribes setbacks that would make situating a house on the parcel impossible. The following table illustrates current and proposed setbacks, height, and FAR. Although the property is proposed to be rezoned to R-30, the PUD setbacks are the dimensions requested in the application. Zone District Front Side Rear Height Floor Area Ratio Conservation 100 feet 30 feet 30 feet 28 feet 3,750 sq. ft.* R-30,Low Density Residential 25 feet 10 feet 10 feet 25 feet 3,581 sq. ft.* Proposed PUD 16.75 feet 10 feet 15 feet 25 feet 3,200 sq. ft. NOTE: These calculations include the maximum 25% slope reduction requirement. The proposed PUD would establish setbacks less restrictive than the Conservation Zone District, but the height and FAR dimensions are proposed to be more restrictive than currently allowed. Staff believes the proposed dimensions to be suitable for the development of a single family residence on this lot given its slope constraints and odd configuration above Power Plant Road and below Highway 82. D. The effect of the proposed amendment on traffic generation and road safety. Staff Finding: Rezoning the property should only have minimal impacts on traffic generation and road safety. The application states that an average single family residence in Aspen generates five (5) to ten(10) automobile trips per day. The residence would be located within walking distance to downtown, bus stops, and recreation and employment areas. Staff does not believe rezoning the property would adversely impact traffic generation and road safety. 8 E. Whether and the extent to which the proposed amendment would result in demands on public facilities, and whether 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: All appropriate utility agencies and the City Engineer were referenced on this application and reported the ability to serve this project. The Parks Department supports the proposal to locate utilities under the trail in exchange for a rebuilt trail. A condition of approval shall be that the owner(s) mitigate any public impacts that this project causes, including but not limited to utility expenses and sanitary sewer and water lines. School, park, water, sanitation, and other impact fees will be due prior to the issuance of building permits. F. Whether and the extent to which the proposed amendment would result in significant adverse impacts on the natural environment. Staff Finding: Rezoning the property will not itself create adverse impacts on the natural environment because current zoning and proposed zoning both permit the construction of a single family residence. The main difference is that current zoning effectively prevents any development on the property because of the setbacks in the Conservation Zone District. The PUD would restrict height and FAR below what is currently allowed for the site, but adjust the setbacks to create a building envelope on the most developable portion of the site. Steep slopes and natural vegetation are preserved to the greatest extent possible. In addition, the Applicant has removed a City-owned fuel storage tank from the site with permission from the City. G. Whether the proposed amendment is consistent and compatible with the community character in the City of Aspen. Staff Finding: Staff believes rezoning the property is consistent and compatible with the community character in the City of Aspen, particularly because rezoning the parcel will not change its expected land use— single family residential. The PUD review ensures that the dimensions and character of the proposed development are consistent and compatible with the character of Aspen, including surrounding uses, public facilities and utilities, access, architecture and landscaping. Rezoning the parcel to a residential zone district is also consistent with promoting higher densities of development inside the Aspen Community Growth Boundary. H. Whether there have been changed conditions affecting the subject parcel or the surrounding neighborhood which support the proposed amendment. Staff Finding: In 1992, the City rezoned the Aspen City Shop and portion of the Holy Cross parcel from R- 30/PUD to Public/PUD to bring the City Shop into compliance with the Land Use Code. The 9 Applicant had been unaware of this rezoning until recently. The request is to rezone the entire parcel to this zone district. 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: Staff does not believe the proposed rezoning would be in conflict with the public interest and believes it is in harmony with the purpose and intent of the Land Use Code. Again, rezoning the property would not change the expected use of the land, and the City benefits from gaining a permanent easement for a highly used trail/bike path. 26.445.050 Review Standards: Consolidated PUD A development application for Conceptual, Final, Consolidated Conceptual and Final, or Minor PUD shall comply with the following standards and requirements. Due to the limited issues associated with Conceptual Reviews and properties eligible for Minor PUD Review, certain standards shall not be applied as noted. The burden shall rest upon an applicant to show the reasonableness of the development application, and its conformity to the standards and procedures of this Chapter and this title. A. General requirements. 1. The proposed development shall be consistent with the Aspen Area Community Plan. Staff Finding Staff believes the proposed site specific PUD will not conflict with the AACP. The AACP's Growth Philosophy states that the City of Aspen agrees to accept greater density within the Aspen Community Growth Boundary, and the proposed PUD establishes a building envelope and other dimensions for a single family residence within this area. The AACP also encourages reducing automobile trips. A residence on this lot would help reduce automobile trips because of its close proximity to town, trails, bus stops, and recreation and employment areas. 2. The proposed development shall be consistent with the character of existing land uses in the surrounding area. Staff Finding A single family residence in an appropriate building envelope is consistent with the character of existing land uses in the area. The property is surrounded by single family and duplex units, Highway 82, a park, bike paths, and the Aspen City Shop. The proposed residence would be consistent with these uses. 3. The proposed development shall not adversely affect the future development of the surrounding area. 10 Staff Finding Staff does not believe the proposed development would adversely affect future development of the surrounding area. The surrounding area is mostly built out with residences, the Aspen City Shop, a park, or consists of undevelopable areas. A condition of approval is that the applicant place a conservation easement over those portions of the property located across Power Plant Road to the north/northeast to ensure that the steep slopes are not developed. 4. The proposed development has either been granted GMQS allotments, is exempt from GMQS, or GMQS allotments are available to accommodate the proposed development and will be considered prior to, or in combination with, final PUD development plan review. Staff Finding A condition of approval is that prior to the submission of a building permit application, the property owners shall meet the then current growth management requirements for the development of a new single family residence, which may include, but not be limited to, applying for and obtaining a GMQS allotment or exemption, and providing affordable housing mitigation requirements at the then current standards. B. Establishment of Dimensional Requirements: The final PUD development plans shall establish the dimensional requirements for all properties within the PUD as described in General Provisions, Section 26.445.040, above. The dimensional requirements of the underlying zone district shall be used as a guide in determining the appropriate dimensions for the PUD. During review of the proposed dimensional requirements, compatibility with surrounding land uses and existing development patterns shall be emphasized. The proposed dimensional requirements shall comply with the following: 1. The proposed dimensional requirements for the subject property are appropriate and compatible with the following influences on the property: a) The character of, and compatibility with, existing and expected future land uses in the surrounding area. b) Natural or man-made hazards. c) -Existing natural characteristics of the property and surrounding area such as steep slopes,waterways, shade, and significant vegetation and landforms. d) Existing and proposed man-made characteristics of the property and the surrounding area such as noise, traffic, transit, pedestrian circulation, parking, and historical resources. Staff Finding Staff believes the proposed dimensional requirements for the property are appropriate and compatible with natural and man-made features on and surrounding the property. The dimensional requirements are stricter than those allowed in the Conservation and R-15 Zone Districts. For example, the allowable floor area ratio for this lot size in the current 11 Conservation Zone District is approximately 5,000 square feet, and over 3,500 square feet in the R-15 Zone District. The proposal is to limit FAR for the property to 3,200 square feet in the PUD. Similarly, the Conservation Zone allows height limits of 28 feet, while the R-15 Zone District and proposed PUD would limit height for this property to 25 feet. The dimensions also restrict development to the only buildable portion of the parcel; steep slopes and dense native vegetation are avoided. The proposed dimensions also protect the existing bike path/trail connecting Cemetery Lane to the Marolt property along Highway 82 and under Castle Creek Bridge (Trail 1). Unfortunately, the section of the bike path/trail that branches off from this trail to Power Plant Road is proposed to be eliminated because it provides the only possible access to the property. Zone District Front Side Rear Height Floor Area Ratio Conservation 100 feet 30 feet 30 feet 28 feet 3,750 sq. ft.* R-30, Low Density Residential 25 feet 10 feet 10 feet 25 feet 3,581 sq. ft.* Proposed PUD 16.75 feet 10 feet 15 feet 25 feet 3,200 sq. ft. NOTE: These calculations include the maximum 25% slope reduction requirement. Overall, Staff believes the proposed dimensions of this PUD to be appropriate and compatible with the surrounding area. 2. The proposed dimensional requirements permit a scale, massing, and quantity of open space and site coverage appropriate and favorable to the character of the proposed PUD and of the surrounding area. Staff Finding Staff believes the Applicant has proposed a building envelope on the most suitable portion of the site, avoiding steep slopes, native vegetation to the greatest extent possible, and a key trail connecting Cemetery Lane to the Marolt property. Proposing more restrictive dimensional requirements such as FAR and height than existing zoning and equal to or more restrictive than the R-30 Zone District should permit a scale, massing, and quantity of open space and site coverage favorable to the surrounding areas. Site coverage is proposed to be less than 10 percent, and the PUD would establish a minimum of 35 percent of open space, which Staff is recommending be made a condition of approval through the granting of a conservation easement. 3. The appropriate number of off-street parking spaces shall be established based on the following considerations: a) The probable number of cars used by those using the proposed development including any non-residential land uses. b) The varying time periods of use,whenever joint use of common parking is proposed. c) The availability of public transit and other transportation facilities, including those for pedestrian access and/or the commitment to utilize automobile disincentive techniques in the proposed development. 12 d) The proximity of the proposed development to the commercial core and general activity centers in the city. Staff Finding The Applicant is proposing to provide two (2) off-street parking spaces in a 2-car garage, which is required by the Land Use Code. Guest parking would be provided in front of the garage and on the driveway. If the future property owner decided to apply for an ADU, the owner would be required to provide an additional parking space for that unit on site. 4. The maximum allowable density within a PUD may be reduced if there exists insufficient infrastructure capabilities. Specifically, the maximum density of a PUD may be reduced if: a) There is not sufficient water pressure, drainage capabilities, or other utilities to service the proposed development. b) There are not adequate roads to ensure fire protection, snow removal, and road maintenance to the proposed development. Staff Finding There are no infrastructure capacity issues that would prohibit the amount of development being considered. Staff does not recommend any reductions in the development being proposed. 5. The maximum allowable density within a PUD may be reduced if there exists natural hazards or critical natural site features. Specifically, the maximum density of a PUD may be reduced if: a) The land is not suitable for the proposed development because of ground instability or the possibility of mud flow, rock falls or avalanche dangers. b) The effects of the proposed development are detrimental to the natural watershed, due to runoff, drainage, soil erosion, and consequent water pollution. c) The proposed development will have a pernicious effect on air quality in the surrounding area and the City. d) The design and location of any proposed structure, road, driveway, or trail in the proposed development is not compatible with the terrain or causes harmful disturbance to critical natural features of the site. Staff Finding The Applicant is proposing to establish a building envelope for the development of one (1) single family residence. There are no known natural hazard or site limitations that prohibit the amount of development—the single residence—being considered. Staff does not recommend any reductions to the proposed development based on this standard. 6. The maximum allowable density within a PUD may be increased if there exists a significant community goal to be achieved through such increase and the development pattern is compatible with its surrounding development 13 patterns and with the site's physical constraints. Specifically, the maximum density of a PUD may be increased if: a) The increase in density serves one or more goals of the community as expressed in the Aspen Area Community Plan (AACP) or a specific area plan to which the property is subject. b) The site's physical capabilities can accommodate additional density and there exists no negative physical characteristics of the site, as identified in subparagraphs 4 and 5, above, those areas can be avoided, or those characteristics mitigated. c) The increase in maximum density results in a development pattern compatible with, and complimentary to, the surrounding existing and expected development pattern, land uses, and characteristics. Staff Finding The applicant is not requesting an increase in density beyond what is allowed within the PUD. In addition, the site's physical capabilities can accommodate the single family residential use. C. Site Design. The purpose of this standard is to ensure the PUD enhances public spaces, is complimentary to the site's natural and man-made features and the adjacent public spaces, and ensures the public's health and safety. The proposed development shall comply with the following: 1. Existing natural or man-made features of the site which are unique, provide visual interest or a specific reference to the past, or contribute to the identity of the town are preserved or enhanced in an appropriate manner. Staff Finding The proposed development complies with most of the man-made features on the site and does not detract from the site's natural features or visual interest. It contributes to the town's identity by preserving the existing trail connection between Cemetery Lane and the Marolt property with a permanent easement. Unfortunately, it also proposes to terminate a revocable trail easement for the portion of the trail that branches off to Power Plant Road. It must be pointed out that this is an easement and not a public space. No historic structures or other unique features exist on the property. Steep slopes and existing native vegetation outside the building envelope will be preserved. 2. Structures have been clustered to appropriately preserve significant open spaces and vistas. Staff Finding Only one structure, a single family residence, is proposed for the parcel. The residence would not block mountain views from neighboring parcels, and would be limited to 3,200 square feet of floor area. Open space on the parcel below Power Plant Road would be preserved. 14 3. Structures are appropriately oriented to public streets, contribute to the urban or rural context where appropriate, and provide visual interest and engagement of vehicular and pedestrian movement. Staff Finding The proposed residence would be oriented toward Power Plant Road, and contribute to the context of the surrounding area by preserving views,trails, and open space. The City's Residential Design Standards will be applied to this property, ensuring that the proposed development provides visual interest and engagement of vehicular and pedestrian movement. A cursory review of the potential residence indicates compliance with the standards and the applicant is not requesting any variances from these standards. Holy Cross plans to gain land use approvals for the property and then sell the parcel. It is for this reason that the applicant is not submitting final architectural drawings for the single family residence. Any other proposed residence for this site will also be reviewed for compliance with the design standards. 4. Buildings and access ways are appropriately arranged to allow emergency and service vehicle access. Staff Finding Access to the property is proposed to be from Power Plant Road a branch of the existing trail is located. The Aspen Fire Marshall has reserved comment on the access until a building permit application has been received by the City. A condition of approval is that the Aspen Fire Marshall shall approve emergency access to the property prior to the issuance of a building permit. A second, related condition of approval is that the building be sprinkled. 5. Adequate pedestrian and handicapped access is provided. Staff Finding Pedestrian and handicapped access will be provided via the driveway from Power Plant Road or the trail from Cemetery Lane. 6. Site drainage is accommodated for the proposed development in a practical and reasonable manner and shall not negatively impact surrounding properties. Staff Finding A condition of approval is that a drainage plan, including an erosion control plan, prepared by a Colorado licensed Civil Engineer which maintains sediment and debris on-site during and after construction, be approved by the City's Engineering Department prior to the issuance of building permits. If a ground recharge system is required, a soil percolation report will be required to correctly size the facility. A 2-year storm frequency should be used in designing any drainage improvements. The City drainage criteria needs to be implemented. 15 The Applicant is proposing to accommodate drainage on site through the use of a swale in the southeastern corner of the property and drywells under the driveway, parking area(in front of the garage), and under the swale. The City Engineer recommends that the dry wells be at least 10 feet deep. 7. For non-residential land uses, spaces between buildings are appropriately designed to accommodate any programmatic functions associated with the use. Staff Finding This application is for a residential land use, so this criteria does not apply. D. Landscape Plan. The purpose of this standard is to ensure compatibility of the proposed landscape with the visual character of the city,with surrounding parcels, and with existing and proposed features of the subject property. The proposed development shall comply with the following: 1. The landscape plan exhibits a well designated treatment of exterior spaces, preserves existing significant vegetation, and provides an ample quantity and variety of ornamental plant species suitable for the Aspen area climate. 2. Significant existing natural and man-made site features,which provide uniqueness and interest in the landscape, are preserved or enhanced in an appropriate manner. 3. The proposed method of protecting existing vegetation and other landscape features is appropriate. Staff Finding A condition of approval is that, prior to the issuance of building permits, the Applicant shall submit a detailed landscape plan to the Community Development Department and Parks Department showing the size, species, quantity, and location of all existing and planned native and non-native vegetation on the portion of the portion of the site located above Power Plant Road. The final landscape plan shall be approved by the Community Development Director after considering a recommendation by the Parks Department. E. Architectural Character. It is the purpose of this standard is to encourage architectural interest,-variety, character, and visual identity in the proposed development and within the City while promoting efficient use of resources. Architectural character is based upon the suitability of a building for its purposes, legibility of the building's use, the building's proposed massing, proportion, scale, orientation to public spaces and other buildings, use of materials, and other attributes which may significantly represent the character of the proposed development. There shall be approved 16 as part of the final development plan an architectural character plan,which adequately depicts the character of the proposed development. The proposed architecture of the development shall: 1. Be compatible with or enhance the visual character of the city, appropriately relate to existing and proposed architecture of the property, represent a character suitable for, and indicative of, the intended use, and respect the scale and massing of nearby historical and cultural resources. 2. Incorporate, to the extent practical, natural heating and cooling by taking advantage of the property's solar access, shade, and vegetation and by use of non- or less-intensive mechanical systems. 3. Accommodate the storage and shedding of snow, ice, and water in a safe and appropriate manner that does not require significant maintenance. Staff Finding The Applicant is applying for land use approvals for the property; if approved, the Applicant plans to sell the property. It is expected that a buyer would develop a single family residence on the site. The application contains architectural drawings for one potential residence on site. Staff does not believe it is appropriate or worthwhile to comment on a residence that may or may not be built because the drawings may not be an accurate representation of the proposed single family residence. Instead, staff can only confirm that any residence on this site must conform to the City's Residential Design Standards, building codes for energy standards, etc. F. Lighting. The purpose of this standard is to ensure the exterior of the development will be lighted in an appropriate manner considering both public safety and general aesthetic concerns. The following standards shall be accomplished: 1. All lighting is proposed so as to prevent direct glare or hazardous interference of any kind to adjoining streets or lands. Lighting of site features, structures, and access ways is proposed in an appropriate manner. 2. All exterior lighting shall be in compliance with the Outdoor Lighting Standards unless otherwise approved and noted in the final PUD documents. Up-lighting of site features, buildings, landscape elements, and lighting to call inordinate attention to the property is prohibited for residential development. Staff Finding All new lighting for the proposed residence must be in compliance with the City's lighting code adopted in November 1999 and Uniform Building Code for safety. The new lighting shall be designed to minimize glare onto adjacent properties, Highway 82 and Power Plant Road. 17 G. Common Park, Open Space, or Recreation Area. If the proposed development includes a common park, open space, or recreation area for the mutual benefit of all development in the proposed PUD, the following criteria shall be met: 1. The proposed amount, location, and design of the common park, open space, or recreation area enhances the character of the proposed development, considering existing and proposed structures and natural landscape features of the property, provides visual relief to the property's built form, and is available to the mutual benefit of the various land uses and property users of the PUD. 2. A proportionate, undivided interest in all common park and recreation areas is deeded in perpetuity (not for a number of years) to each lot or dwelling unit owner within the PUD or ownership is proposed in a similar manner. 3. There is proposed an adequate assurance through a legal instrument for the permanent care and maintenance of open spaces, recreation areas, and shared facilities together with a deed restriction against future residential, commercial, or industrial development. Staff Finding No common park or open space is included in this application for this lot. However, open space on the lot below Power Plant Road will be preserved and a trail easement shall be deeded in perpetuity to the City for the Cemetery Lane to Marolt property connection. H. Utilities and Public facilities. The purpose of this standard is to ensure the development does not impose an undue burden on the City's infrastructure capabilities and that the public does not incur an unjustified financial burden. The proposed utilities and public facilities associated with the development shall comply with the following: 1. Adequate public infrastructure facilities exist to accommodate the development. Staff Finding All appropriate utility agencies and the City Engineer were referenced on this application and reported the ability to serve this project. 2. Adverse impacts on public infrastructure by the development will be mitigated by the necessary improvements at the sole cost of the developer. Staff Finding Staff recommends a condition of approval be that the owner(s) mitigate any public impacts that this project causes, including but not limited to utility expenses and sanitary sewer and water lines. Another condition of approval is that the Applicant shall provide an unconditional easement to the City of Aspen for maintenance of the retaining walls and structures below and around Castle Creek Bridge. The easement, which shall be designated 18 on the PUD plans and approved by the City Engineer, shall be from approximately 15 feet above and adjacent to the retaining walls down to Power Plant Road. 3. Oversized utilities, public facilities, or site improvements are provided appropriately and where the developer is reimbursed proportionately for the additional improvement. Staff Finding No oversized utility stubs were requested to be installed with this development. I. Access and Circulation. (Only standards 1&2 apply to Minor PUD applications) The purpose of this standard is to ensure the development is easily accessible, does not unduly burden the surrounding road network, provides adequate pedestrian and recreational trail facilities and minimizes the use of security gates. The proposed access and circulation of the development shall meet the following criteria: 1. Each lot, structure, or other land use within the PUD has adequate access to a public street either directly or through an approved private road, a pedestrian way, or other area dedicated to public or private use. Staff Finding Access to the building envelope is proposed to be from Power Plant Road, a public street, where the current trail/bike path exists. 2. The proposed development,vehicular access points, and parking arrangement do not create traffic congestion on the roads surrounding the proposed development, or such surrounding roads are proposed to be improved to accommodate the development. Staff Finding Staff does not believe the development of a single family residence on this parcel will require improvements to Power Plant Road. Parking will be accommodated on site for residents and visitors. Accessing the property from Power Plant Road should not cause a significant increase in traffic congestion on Power Plant Road, Cemetery Lane, or Highway 82. According to the application, a single family residence in town can be expected to generate between 5 and 10 vehicular trips per day, which is a small number of trips occurring on the surrounding roads, particularly Highway 82. 3. Areas of historic pedestrian or recreational trail use, improvements of, or connections to, the bicycle and pedestrian trail system, and adequate access to significant public lands and the rivers are provided through dedicated public trail easements and are proposed for appropriate improvements and maintenance. 19 Staff Finding Holy Cross plans to revoke a trail easement across the property. This trail does not provide access to significant public lands or a river. Pedestrians and bicyclists may continue to access the trail, Cemetery Lane and Highway 82 along Power Plant Road. It should be noted that the road is not particularly safe for pedestrians or bikes because of the curves and grade of the road. The Applicant has also proposed to deed the trail along Highway 82 and under Castle Creek Bridge to the City in perpetuity, and to rebuild it to make it significantly safer. This is an important connection in the City's trail system; it provides safe pedestrian and bike access to and from Aspen off of Highway 82. 4. The recommendations of the Aspen Area Community Plan and adopted specific plans regarding recreational trails, pedestrian and bicycle paths, and transportation are proposed to be implemented in an appropriate manner. Staff Finding The AACP does not propose additional trails for this parcel. 5. Streets in the PUD which are proposed or recommended to be retained under private ownership provide appropriate dedication to public use to ensure appropriate public and emergency access. Staff Finding This is a site specific PUD that does not include streets. 6. Security gates, guard posts, or other entryway expressions for the PUD, or for lots within the PUD, are minimized to the extent practical. Staff Finding Gates, guard posts, or other entryway expressions are not proposed for the PUD. .1. Phasing of Development Plan. (does not apply to Conceptual PUD applications) The purpose of this criteria is to ensure partially completed projects do not create an unnecessary burden on the public or surrounding property owners and impacts of an individual phase are mitigated adequately. If phasing of the development plan is proposed, each phase shall be defined in the adopted final PUD development plan. The phasing plan shall comply with the following: 1. All phases, including the initial phase, shall be designed to function as a complete development and shall not be reliant on subsequent phases. 2. The phasing plan describes physical areas insulating, to the extent practical, occupants of initial phases from the construction of later phases. 20 3. The proposed phasing plan ensures the necessary or proportionate improvements to public facilities, payment of impact fees and fees- in-lieu, construction of any facilities to be used jointly by residents of the PUD, construction of any required affordable housing, and any mitigation measures are realized concurrent or prior to the respective impacts associated with the phase. Staff Finding Although no phased development is proposed, Holy Cross plans to install utilities under the trail along Highway 82 and rebuild the trail prior to selling the property, which is also included as a condition of approval. 21 EXHIBIT B REFERRAL AGENCY COMMENTS MEMORANDUM To: Nick Lelack, Planner From: Ben Ludlow, Project Engineer Reference DRC Caseload Coordinator Date: April 3, 2000 Re: Holy Cross Rezoning and PUD The Development Review Committee has reviewed the Holy Cross Rezoning and PUD application at their March 29, 2000 meeting, and has compiled the following comments: General 1. Sufficiency of Submittal: DRC comments are based on the fact that we believe that the submitted site plan is accurate, that it shows all site features, and that it is feasible. The wording must be carried forward exactly as written unless prior consent is received from the Engineering Department. This is to alleviate problems related to approvals tied to "issuance of building permit." 2. R.O.W. Impacts: If there are any encroachments into the public rights-of-way, the encroachment must either be removed or be subject to current encroachment license requirements. Site Review 1. Site Drainage—Requirement—A drainage report was not submitted with the application. The site development approvals must include the requirement meeting runoff design standards of the Land Use Code at Sec. 26.580.020.A.6.a and a requirement that, prior to the building permit application, a drainage mitigation plan (24"x36" size plan sheet or on the lot grading plan) must meet the requirements of the Engineering Department Interim Design Standards and must be submitted for review and approval by the Engineering Department. The mitigation plan must also address the temporary sediment control and containment plan for the construction phase. If drywells are an acceptable solution for site drainage, a soils report must be provided with a percolation test to verify the feasibility of this type of system. Drywells have depths well below depth of frost (10' minimum) to function in cold weather. The drainage plan must contain a statement specifying the routine • maintenance required by property owner(s) to ensure continued and proper performance. Drywells may not be placed within public right of way or utility easements. The foundation 22 drainage system should be separate from storm drainage, must be detained and routed on site, and must be shown on drainage plans prior to application for building permit. The drainage may be conveyed to existing landscaped areas if the drainage report demonstrates that the percolation rate and the detention volume meet the design storm. Information—The City drainage criteria needs to be implemented. This includes but is not limited to erosion control, soil stabilization, and vegetation disturbance. Also, there needs to be an analysis of where the drainage will flow and what adverse affects may arise from potential mud and debris flow. 2. Community Development—Information—The following request was provided by the Planning Department: a. The applicant may needs to look at a landscaping plan that that would provide vegetation between the two remaining bike paths. b. It would be beneficial to allow a trail on the top of the slope between the house and Power Plant Road. c. It may be useful to take vacated Cemetery Lane as the driveway instead of the proposed area. a. Fire Protection District — Information — ALL COMMENTS ARE RESERVED AT THIS TIME 3. Streets Department — Requirement - As of the request of the Streets Department revisions need to be made as follows: a. The applicant shall not track mud onto City streets during construction. A washed rock or other style mud rack must be installed during construction. 4. Parks—Requirement—The following information has been provided by the Parks Department: a. It would be beneficial if a trail easement could be maintained east-northeast of the house along the toe of the slope. b. Easements need to be shown on the plat. c. The parks department needs more information about plans for water for the house. d. There may need to be sagebrush mitigation at the project location. It would also be most beneficial to keep the native vegetation on the slopes. e. The idea of planting Spruce trees may not work in the project location due to the soil characteristics. 5. Engineering—Requirement—The following requirements have been provided by the Engineering Department: a. ROW permits and Encroachment licenses will be required during construction if applicable. 23 b. A Fugitive dust control permit will be required during construction. c. A 15 ft. easement at the toe of slope at Power Plant Rd would need to be granted for the purpose of the retaining wall removal and repair in the future. d. Slope stabilization, erosion control, and sediment control measures need to be implemented before, during and after construction. e. The building access via the planned drive is geometrically challenging from the standpoint of traffic control. Other options need to be looked at for the driveway. f. A geotechnical study is very important to learn the characteristics of the soil in the location to see what, if any, adverse affects may result. 6. Utilities: A utility plan needs to be submitted before any real comments and conclusions can be drawn by the utility companies. - Water: City Water Department-Requirement— The following information was given by the City of Aspen Water Department: a. All uses and construction will comply with the City of Aspen Water System Standards and with Title 25 and applicable portions of Title 8 (Water Conservation and Plumbing Advisory Code) of the Aspen Municipal code as they pertain to utilities. b. The nearest water service would have to come from either Power Plant Road or through Barnard Park. This may also then require an easement through adjacent property owner's property. c. The closest fire hydrant is located at the intersection of Power Plant Rd. and Cemetery Lane, or at the ground elevation of the City Shop. d. There is an old pemstock easement through the property that goes to the City Shop. This easement needs to be shown and the proposed building needs to avoid the easement. - Wastewater: Aspen Consolidated Waste District - Information — As a request of the Consolidated Waste District, revisions need to be made as follows: a. A set of drainage plans needs to be provided to Peg at ACSD so that an estimate of fees can be processed. b. There is a manhole near the southwest corner of the property that is not shown on the improvement survey. This needs to be shown because it may be close to the planned structure. c. The best source of service would be the aforementioned manhole that would require the use of a pump. - Construction: 24 Work in the Public Right of Way - Requirement— Given the continuous problems of unapproved work and development in public rights-of-way adjacent to private property, we advise the applicant as follows: Approvals 1. Engineering: The applicant receives approval from the City Engineering Department (920-5080) for design of improvements, including grading, drainage, transportation/streets, landscaping, and encroachments within public right of way. 2. Parks: The applicant receives approval from the Parks Department (920- 5120) for vegetation species and for public trail disturbance. 3. Streets: The applicant receives approval from the Streets department (920- 5130) for mailboxes, finished pavement, surface materials on streets, and alleyways. 4. Permits: Obtain R.O.W. permits for any work or development, involving street cuts and landscaping from the Engineering Department. DRC Attendees Staff: Mark O'Meara Applicant's Representative: Alan Richmond Ed Van Walraven Ben Ludlow Nick Adeh John Krueger Joyce Ohlson Tom Bracewell Nick Lelack Scott Chism Julie Ann Woods Tom Bracewell 25 EXHIBIT C CONSERVATION ZONE DISTRICT 26.710.220 Conservation (C). A. Purpose. The purpose of the Conservation (C) zone district is to provide areas of low density development to enhance public recreation, conserve natural resources, encourage the production of crops and animals, and to contain urban development. B. Permitted uses. The following uses are permitted as of right in the Conservation (C) zone district: 1. Detached residential dwelling; 2. Park, playfield, playground and golf course; 3. Riding stable; 4. Cemetery; 5. Crop production, orchards, nurseries, flower production and forest land; 6. Pasture and grazing land; 7. Dairy; 8. Fishery; 9. Animal production; 10. Husbandry services (not including commercial feed lots) and other farm and agricultural uses; 11. Railroad right-of-way but not a railroad yard; 12. Home occupations; 13. Accessory buildings and uses; and 14. Accessory dwelling units meeting the provisions of Section 26.520.040. C. Conditional uses. The following uses are permitted as conditional uses in the Conservation (C) district, subject to the standards and procedures established in Chapter 26.425. 1. Guest ranches; 2. Recreational uses including a riding academy, stable, club, country club and golf course; 3. Ski lift and other ski facilities; 4. Sewage disposal area; 5. Water treatment plant and storage reservoir; and 6. Electric substations and gas regulator stations (not including business or administration offices). D. Dimensional requirements. The following dimensional requirements shall apply to all permitted and conditional uses in the Conservation(C) zone district. 1. Minimum lot size (acres): 10. 2. Minimum lot area per dwelling unit (acres): 10. 3. Minimum lot width (feet): 400. 26 4. Minimum front yard setback (feet): 100. 5. Minimum side yard setback(feet): 30. 6. Minimum rear yard setback(feet): 30. 7. Maximum height (feet): 28. 8. Minimum distance between principal and accessory buildings (feet): No requirement. 9. Percent of open space required for building site: No requirement. 10. External Floor Area:(Applies to conforming and nonconforming lots of record): Lot Size Detached Residential Allowable Square Feet Dwellings (Square Feet) 0-3,000 80 square feet of floor area for each 100 square feet in lot area, up to a maximum of 2,400 square feet of floor area. 3,000-9,000 2,4000 square feet of floor area, plus 28 square feet of floor area for each additional 100 square feet in lot area, up to a maximum of 4,080 square feet of floor area 9,000-15,000 4,080 square feet of floor area, plus 7 square feet of floor area for each additional 100 square feet in lot area, up to a maximum of 4,500 square feet of floor area. 15,000-50,000 4,500 square feet of floor area, plus 6 square feet of floor area for each additional 100 square feet in lot area, up to a maximum of 5,000 square feet of floor area. 50,000+ 5,000 square feet of floor area maximum. 27 ORDINANCE NO (SERIES OF 2000) AN ORDINANCE OF THE ASPEN CITY COUNCIL APPROVING THE HOLY CROSS ENERGY CONSOLIDATED PLANNED UNIT DEVELOPMENT AND REZONING TO R-30,LOW DENSITY RESIDENTIAL,WITH A PUD OVERLAY ZONE DISTRICT,CITY OF ASPEN, PITKIN COUNTY, COLORADO. WHEREAS, the Community Development Department received an application from Holy Cross Energy, represented by Alan Richman of Alan Richman Planning Services, for a Consolidated Planned Unit Development (PUD), and Rezoning to R- 30/PUD, Low-Density Residential, for a rectangular shaped property located above the Aspen City Shop; and, WHEREAS, the Holy Cross Energy property is approximately 32,456 square feet, is located in the Conservation and Public Zone Districts; and, WHEREAS,pursuant to Sections 26.310 of the Land Use Code, the City Council may approve Amendments to the Official Zone District Map, during a duly noticed public hearing after considering comments from the general public, and recommendations from the Planning and Zoning Commission, Community Development Director, and relevant referral agencies; and, WHEREAS, pursuant to Section 26.445, the City Council may approve a Planned Unit Development, during a duly noticed public hearing after considering comments from the general public, and recommendations from the Planning and Zoning Commission, Community Development Director, and relevant referral agencies; and, WHEREAS, the Fire Marshall, Aspen Consolidated Sanitation District, the City Water Department, City Engineering, City Parks Department, and the Community Development Department reviewed the Project and recommended approval with conditions; and, WHEREAS, during a duly noticed public hearing on May 30, 2000, the Planning and Zoning Commission recommended, by a four to one (4-1) vote, to recommend City Council approve of the Holy Cross Energy Rezoning to R-30, Low Density Residential, and Consolidated Planned Unit Development, with conditions contained herein; and, WHEREAS,the Aspen City Council has reviewed and considered the development proposal under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered the recommendations of the Planning and Zoning Commission, the Community Development Director, the applicable referral agencies, and has taken and considered public comment at a public hearing; and, WHEREAS,the City Council finds that the development proposal meets or exceeds all applicable development standards and that the approval of the development proposal, with conditions, is consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS,the City Council finds that this Ordinance furthers and is necessary for the promotion of public health, safety, and welfare. NOW,THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO,THAT: Section 1 Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the Holy Cross Energy Association property, which is a rectangular configuration and located above the Aspen City Shop, shall be rezoned from Conservation and Public to R- 30, Low Density Residential, with a Planned Unit Development Overlay. Section 2 Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the Holy Cross Energy Planned Unit Development is approved subject to the conditions of approval described hereinafter. 1. A PUD Agreement shall be recorded within 180 days of the final approval by City Council and shall include the following: a. The information required to be included in a PUD Agreement, pursuant to Section 26.445.070(C). 2. A Final PUD Plan shall be recorded within 1.80 d ays of the final approval granted by City Council and shall include: a. A final plat meeting the requirements of the City Engineer and showing easements, encroachment agreements and licenses with reception numbers for physical improvements and parking spaces within City rights-of-way, and location of utility pedestals. b. An illustrative site plan of the project showing the proposed improvements, landscaping, parking, and the dimensional requirements as approved. c. A drawing representing the project's architectural character. d. A drainage plan, including an erosion control plan, prepared by a Colorado licensed Civil Engineer which maintains sediment and debris on-site during and after construction. If a ground recharge system is required, a soil percolation report will be required to correctly size the facility. A 2-year storm frequency should be used in designing any drainage improvements. 3. Prior to an application for a building permit: a. The PUD Agreement and the Final PUD Plans shall be recorded with the Pitkin County Clerk and Recorder. b. A public utility easement shall be approved by the Parks Department and, if approved, utilities shall be installed and the trail along Highway 82 and under Castle Creek Bridge on the subject property shall be rebuilt in a manner approved by the Parks Department. c. A permanent and non-revocable trail easement shall be granted by Holy Cross Energy Association to the City of Aspen for the trail parallel to and under Highway 82 and Castle Creek Bridge. d. A conservation easement, deed restriction, or other similar mechanism acceptable to the City's Attorney's Office shall be placed on the portion of the property located below Power Plant Road to ensure that this area remains open space and undeveloped in perpetuity. e. The applicant shall grant a permanent easement to the City of Aspen for the maintenance of the retaining walls and support structures below and around Castle Creek Bridge. The easement shall be approximately 15 feet to the sides and above the retaining walls and structures, and continuing to Power Plant Road. The easement shall be approved by the City Engineer. f. The Applicant shall meet the then current growth management requirements for the development of a new single family residence, which may include, but not be limited to, applying for and obtaining a GMQS allotment or exemption, and providing affordable housing mitigation requirements at the then current standards. g. The Planning and Zoning Commission shall approve at a public hearing a detailed landscape plan showing the size, species, quantity, and location of all existing and planned native vegetation on the portion of the parcel located above Power Plant Road. The review criteria for the landscape plan shall be the following (the existing PUD landscape review criteria in the Land Use Code): 1. The landscape plan exhibits a well designated treatment of exterior spaces, preserves existing significant vegetation, and provides an ample quantity and variety of ornamental plant species suitable for the Aspen area climate. 2. Significant existing natural and man-made site features, which provide uniqueness and interest in the landscape, are preserved or enhanced in an appropriate manner. 3. The proposed method of protecting existing vegetation and other landscape features is appropriate. h. The Planning and Zoning Commission shall approve at a public hearing detailed architectural character plans for the development of any structure on this site. It is the purpose of the architectural character plans to demonstrate how the development will encourage architectural interest, variety, character, and visual identity in the proposed development and within the City while promoting efficient use of resources. Architectural character is based upon the suitability of a building for its purposes, legibility of the building's use, the building's proposed massing, proportion, scale, orientation to public spaces and other buildings, use of materials, and other attributes which may significantly represent the character of the proposed development. There shall be approved as part of the final development plan an architectural character plan, which adequately depicts the character of the proposed development. The review criteria for the architecture plans shall be the following (the existing PUD architectural character plans review criteria in the Land Use Code): 1. be compatible with or enhance the visual character of the city, appropriately relate to existing and proposed architecture of the property, represent a character suitable for, and indicative of, the intended use, and respect the scale and massing of nearby historical and cultural resources. 2. incorporate, to the extent practical, natural heating and cooling by taking advantage of the property's solar access, shade, and vegetation and by use of non- or less-intensive mechanical systems. 3. accommodate the storage and shedding of snow, ice, and water in a safe and appropriate manner that does not require significant maintenance. 4. The building permit application shall include: a. A copy of the final Ordinance and recorded P&Z Resolution. b. The conditions of approval printed on the cover page of the building permit set. c. A completed tap permit for service with the Aspen Consolidated Sanitation District. d. A tree removal permit as required by the City Parks Department and any approval from the Parks Department Director for off-site replacement or mitigation of removed trees. e. A completed curb, gutter, and sidewalk agreement, if necessary. f. A completed agreement to join any future improvement districts formed for the purpose of constructing improvements in adjacent public rights-of-way. g. Copies of the public utility, trail, conservation, and retaining walls and structures maintenance easements. 5. Prior to issuance of a building permit: a. The primary contractor shall submit a letter to the Community Development Director stating that the conditions of approval have been read and understood. b. All tap fees, impacts fees, and building permit fees shall be paid. If an alternative agreement to delay payment of the Water Tap and/or Parks Impact fee is finalized, those fees shall be payable according to the agreement. 6. No excavation or storage of dirt or material shall occur within tree driplines or outside of the approved building envelope and access envelope. 7. All construction vehicles, materials, and debris shall be maintained on-site and not within public rights-of-way unless specifically approved by the Director of the Streets Department. All vehicle parking, including contractors' and their employees', shall abide by the 2 hour residential parking limitation of the area. The applicant shall inform the contractor of this condition. 8. The applicant shall abide by all noise ordinances. Construction activity is limited to the hours between 7 a.m. and 7 p.m. 9. The applicant shall not track mud onto City streets during construction. A washed rock or other style mud rack must be installed during construction. 10. All uses and construction shall comply with the City of Aspen Water System Standards and with Title 25 and applicable portions of Title 8 (Water Conservation and Plumbing Advisory Code) of the Aspen Municipal Code as they pertain to utilities. 11. The Applicant or owner shall mitigate any public impacts that this project causes, including but not limited to utility expenses and sanitary sewer and water lines. 12. The building plans shall demonstrate an adequate fire sprinkler system and alarm system for the entire structure. The Aspen Fire Marshal shall also approve access to the property. 13. A fugitive dust control permit will be required during construction. 14. Slope stabilization, erosion control, and sediment control measures need to be implemented before, during, and after construction. 15. The proposed building shall not be placed on the Pemstock easement traversing through the property to the Aspen City Shop. 16. No other landscape improvements or changes to the parcel, except those approved by the Community Development Director, are approved outside the established building and access envelopes, excluding all necessary trail and retaining wall work. Section 3: All material representations and commitments made by the applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the Planning and Zoning Commission or City Council, are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Section 4: This Ordinance shall not effect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 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 portions thereof. INTRODUCED,READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the 12th day of June, 2000. Attest: Kathryn S. Koch, City Clerk Rachel Richards,Mayor FINALLY,adopted,passed and approved this 26th day of June, 2000. Attest: Kathryn S. Koch, City Clerk Rachel Richards,Mayor Approved as to form: John Worcestor, City Attorney Attachment 8 30/UM (e12-te* County of Pitkin } AFFIDAVIT OF NOTICE PURSUANT } ss. TO ASPEN LAND USE REGULATIONS State of Colorado } SECTION 26.52.060(E) • I, LAN"' ,being or representing an Applicant to the City of Aspen,personally certify that I have complied with the public notice requirements pursuant to Section 26.52.060(E)of the Aspen Municipal Code 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 within three hundred(300)feet of the subject property, as indicated on the attached list,on the VI day of `Z`^'^e- , 19-14(which is \3 days prior to the public hearing date of 101-6k00 ). 2. By posting a sign in a conspicuous place on the subject property(as it could be seen from the nearest public way)and that the said sign was posted and visible continuously from the ks day of S""e-- , 1 ,to the 36 day of 5' , 199- . (Must be posted for at least ten(10)full days before the hearing date). A photograph of the posted sign is attached hereto. 14-/-4eSv■ Signature P � Signed before me this 1Ll ay of 1-99. . by PUBLI N•T E DATE TIME a m Pn WITNESS MY HAND AND OFFICIAL SEAL PLACE ;; HALL PURPOSE My Commission expires: \\_ay- doo _ _ Notary Public 4 PUBLIC NOTICE RE: HOLY CROSS PROPERTY CONSOLIDATED PLANNED UNIT DEVELOPMENT (PUD), AND REZONING TO R-30/PUD NOTICE IS HEREBY GIVEN that a public hearing will be held on Monday, June 26, 2000 at a meeting to begin at 5:00 p.m. before the Aspen City Council, Council Chambers, City Hall, 130 S. Galena St., Aspen, to consider an application submitted by Holy Cross Energy requesting approval to rezone to R-30/PUD, and to create a Planned Unit Development (PUD) for a single-family house. The property is commonly known as the Holy Cross Parcel and is located just below State Highway 82, near the Castle Creek Bridge on Power Plant Road. For further information, contact Nick Lelack at the Aspen/Pitkin Community Development Department, 130 S. Galena St., Aspen, CO (970) 920-5095, or by email at nicklna,ci.aspen.co.us. s/Rachel E. Richards, Mayor Aspen City Council Published in the Aspen Times on June 10, 2000. City of Aspen Account g:/planning/aspen/notices/bavinnpz.doc CITY OF ASPEN WERNER SARAH R RESIDENCE TRUST CAMP ROBERT C 130 S GALENA ST P 0 BOX 503 CURLEE CYNTHIA A AS TENANTS IN ASPEN CO 81611 BELLEVUE WA 98009-3884 COMMON PO BOX 692 ASPEN CO 81612 MASS ANN MD MOSLE PAULA M LOUD H MONTGOMERY&PAULA 400 W MAIN STE 200 6125 WESTWICK PO BOX 11660 ASPEN CO 81611 DALLAS TX 75205 ASPEN CO 81612 FERNANDEZ ERIN L KE1L1N KIM MILLER 313E HYMAN'ME STE 305 PO BOX 10064 ASPEN CO 81611 ASPEN CO 81612 MADSEN GEORGE W JR BEN HAMOO SHLOMO&PA-TRICE MADSEN CORNELIA G CONYERS O PP BO AL PALACE CORPORATION 931 W FRANCIS ST PO BOX 2902 O EN 32 ASPEN CO B1611 ASPEN CO B1612 ASPEN CO 81812 GREGORY KIRK STUARTDONA ALDERFER GREGORY P TRA PO BOX 11733 JOHNNIE MAE PO BOX 10055 ASPEN CD 81692 PO BOX 10880 ASPEN CO 81612 ASPEN CD 89592 MEMORANDUM TO: Aspen Planning and Zoning Commission THRU: Julie Ann Woods, Community Development Director Joyce Ohlson, Deputy Directot 'O FROM: Nick Lelack, Planner-\\ RE: Holy Cross Energy: Rezoning to R-30/Planned Unit Development & Consolidated PUD Review—Public Hearing DATE: May 30, 2000 APPLICANT: ,*,..k a d Holy Cross Energy Ass ociation �,, Power Plant Road. ,' REPRESENTATIVE: Alan Richman Planning Services . Syr LOCATION: Along Power Plant Rd., north of ; ti .- 4r,F�= „ Hwy 82 and Castle Creek Br idge CURRENT ZONING: a ' Conservation& Public • ... PROPOSED ZONING: 14N R-30/PUD Overlay to �.r The arrow points to the proposed location for a single family residence. The trail down to Power Plant Road would CURRENT LAND USE: become the driveway; utilities would be located beneath a Vacant rebuilt trail in the foreground parallel to Hwy 82. The house would be oriented toward Power Plant Road. This PROPOSED LAND USE: photograph was taken from Highway 82. An aerial Residential photograph is included at the end of this memorandum. LOT SIZE: SUMMARY: 32,456 sq. ft. The purpose of this application is to gain approvals of a rezoning and site specific Planned Unit Development F AR: (PUD)Plan for the development of a single family Under Current Zoning: 5000 sq. ft. residence. Rezoning the property brings the parcel into R-30/PUD Allowable: 3,581 sq. ft. conformance with the land use code by creating a lot Proposed Allowable: 3,200 sq. ft. Which is in compliance with its zone's lot size, and the PUD establishes the building envelope and other dimensional requirements. Holy Cross plans to sell the property with land use approvals. 1 REVIEW PROCEDURE • Rezoning &Consolidated Planned Unit Development Reviews: The Planning and Zoning Commission shall by resolution recommend City Council approve, approve with conditions, or deny both the rezoning and/or Consolidated Planned Unit Development requests. STAFF COMMENTS: Holy Cross Energy Association (Applicant), represented by Alan Richman of Alan Richman Planning Services, is requesting land use approvals to establish a building envelope for the development of a single family residence on a lot located below and north of Highway 82 and Castle Creek Bridge, east of Barnard Court and Park, and on = both sides of Power Plant Road above the Aspen City Shop. Holy Cross previously offered the site for sale to the City of Aspen and Aspen/Pitkin County Housing Authority, but both entities decided not to purchase the lot. One request is to rezone the parcel. Currently, the parcel is split zoned, with the Conservation Zone District on the west portion located above Power Plant Road and the Public Zone District on the east portion located below Power Plant Road. The photograph below shows the portion of the lot zoned Conservation. The Conservation Zone District allows the construction of a single family residence, but the Public Zone District does not. The request is to rezone the entire parcel to the R-30, Low Density Residential Zone District with a Planned Unit Development (PUD) Overlay. The second request is for Consolidated Planned Unit Development (PUD) Review to create a site specific PUD Plan. The PUD would establish the building envelope on the west portion of the parcel zoned Conservation. In addition, the Applicant requested the development be granted vested rights status. Ordinance No. 5, Series of 2000, automatically grants vested rights status for three years for approved developments, so this request will be acknowledged if the project is approved. Rezoning to R-30/PUD I Rezoning the property achieves 6, two goals. First, the parcel is Public Zone currently a non-conforming lot �; District in the Conservation Zone District because the minimum , c'onservation .... ' ,, , k„iv,,..:70: , ..'„,;',. lot size for a parcel in this zone District district is 10 acres. This parcel , .a � &� ' ''' ,'t K,itt - i ';', is approximately 32,456 square ,, m, feet, or .75 acres. The " zone district minimum lot size in the R-30 division line " is Power Zone District is 30,000 square " �° ° Plant Road 2 feet. Thus, the rezoned lot would conform to the land use code. Second, although a single family residence is permitted in the Conservation Zone District, the front-, rear-, and side-yard setbacks in this zone district - designed for 10 acre parcels - would overlap on this .75 acre lot, leaving no developable area for a single family residence, which is a permitted use. Instead of requesting a setback variance, Staff recommended the applicant apply to rezone the property to both bring the lot into conformance with the Land Use Code as well as to establish the building envelope in the best possible location on the site as part of the PUD. Staff supports the rezoning request because it brings the lot into conformance with the code, and allows for the minimum land use of the property of one single family dwelling. Site Specific Planned Unit Development The second request is for Consolidated Planned Unit Development (PUD) Review to create a site specific PUD Plan to establish a building envelope and other dimensions for a single-family house on the lot. A PUD would ensure that the location, dimensions, and landscaping of the lot are site and neighborhood sensitive. The following table shows the dimensional requirements for the Conservation Zone District, R-30 Zone District, and proposed PUD. Zone District Front Side Rear Height Floor Area Ratio Conservation 100 feet 30 feet 30 feet 28 feet 5,000 sq. ft. R-30, Low Density Residential 25 feet 10 feet 10 feet 25 feet 3,581 sq. ft. Proposed PUD 16.75 feet 10 feet 15 feet 25 feet 3,200 sq. ft. The table illustrates that the proposed PUD is more restrictive than the existing Conservation Zone District for height and floor area ratio, but less restrictive for all setbacks. The proposed dimensions establish a building envelope on the relatively flat bench in the center of the portion of the lot located above Power Plant Road. Staff believes this site is far from ideal for the development of a single family residence. It contains trails (discussed in the next section), slopes, mature native vegetation, and is fairly difficult to access and connect to public utilities. Nevertheless, Staff believes that the proposed PUD creates a building envelope, access, and dimensional requirements that are site and neighborhood sensitive. The building envelope is relatively flat and avoids most of the dense, mature native vegetation on the site. It is for these reasons that Staff can support the site specific PUD. Trails, Driveway & Utilities Two (2) pedestrian/bike trails cross the property. One trail (Trail 1) runs parallel to Highway 82 on the southern portion of the property and then continues under the Castle Creek Bridge. This trail connects Cemetery Lane to the Marolt property. The portion of the property that runs parallel to Highway 82 is on City property, and the 3 portion that runs under Castle Creek Bridge is on Holy Cross property. A second trail (Trail 2) splits off from this trail, crosses through the center of the property, and then connects the pedestrian/bike trail to Power Plant Road. Holy Cross granted Pitkin County revocable trail easements for both trails on its property in 1974 (Exhibit 3 of the application). The easements "may be terminated by Grantor, its successors or assigns, for any reason at any time." Holy Cross proposes to terminate the revocable easement for Trail 2 and convert the trail into a driveway to access the building envelope. The Applicant also proposes to grant the City of Aspen a permanent easement for the portion of Trail 1 located on its property. The utility plan for the property demonstrates that the necessary utilities are located immediately west of they " 0- property (toward Barnard Power Plant Road Court). Holy Cross is requesting a utility Trail 2 « Barnard ;; easement from the City to Court locate the utilities beneath Trail 1, reducing disturbance to the native vegetation on the slopes to the property. In exchange : ` - � - Trail 1 hi for the utility easement, the r r Holy Cross Applicant agrees to rebuild ;` � Property Trail 1 that runs parallel to Hwy 82 Trail l the highway and continues City Property on the Holy Cross property ` .,, beneath Castle Creek Bridge. Community Development and Parks Staff are disappointed about the prospect of losing Trail 2, however, the owners are within their rights to do so. This link provides an important connection from Trail 1 to Power Plant Road and neighbors have expressed their desire to keep the trail. Staff has explored a number of options for maintaining this connection, but the steep slopes, retaining walls, and dense vegetation do not make another other realignment or option possible. Pedestrian and bike traffic from Power Plant Road can continue around the bend in the road a little further and connect to Trail 2 via Barnard Court or crossing Cemetery Lane. Staff recognizes that the easement is revocable and the trail provides the best vehicular access to the property. The Applicant and Staff explored the possibility of accessing the property from Barnard Court. But, steep slopes and potential conflicts with heavy pedestrian and bike traffic on Trail 1 make this a challenging option. 4 Staff supports placing the utilities under Trail 1 in exchange for a rebuilt trail. Parks Department Staff and neighbors contend that this steep trail is dangerous and in need of repair and re-grading to make it safer. Placing utilities under the trail would also alleviate the need for imposing greater impacts on the site's slopes and native vegetation. RECOMMENDATION: Staff recommends the Planning and Zoning Commission recommend approval of rezoning the Holy Cross Energy Association parcel to R-30/PUD and creating a site specific PUD plan,with conditions in the draft Resolution. RECOMMENDED MOTION: "I move to approve Resolution No.A.6., Series of 2000, recommending City Council approve rezoning the Holy Cross Energy Association parcel to R-30/PUD and creating a site specific PUD." ATTACHMENTS: Exhibit A -- Review Criteria and Staff Findings Exhibit B -- Referral Agency Comments Exhibit C -- Development Application 5 MEMORANDUM TO: Mayor and City Council THRU: Steve Barwick, City Manager John Worcester, City Attorney Julie Ann Woods, Community Development Director Joyce Ohlson, Deputy Director FROM: Nick Lelack, Planner RE: Holy Cross Energy: Rezoning to R-30/Planned Unit Development & Consolidated PUD Review—2"d Reading/Public Hearing DATE: June 26, 2000 n Power Plant Road. APPLICANT: � Holy Cross Energy REPRESENTATIVE: Alan Richman Planning Services .�/ 4 LOCATION: Along Power Plant Rd., north. of .` t�42t ,s Hwy 82 and Castle Creek Brdge � �` � CURRENT ZONING: � - Conservation&Public PROPOSED ZONING: "'°� -a R-30/PUD Overlay The arrow points to the proposed location for a single family residence. The trail down to. Power Plant Road would become the driveway; utilites would be located beneath a CURRENT LAND USE rebuilt trail in the foreground parallel to Hwy 82. An aerial Vacant photograph is included at the end of this memorandum. PROPOSED LAND USE: SUMMARY: Residential The purpose of this application is to gain approvals of a rezoning and site specific Planned Unit Development LOT SIZE: (PUD)Plan for the development of a single family 32,456 sq. ft. residence. Rezoning the property brings the parcel into conformance with the land use code by creating a lot FAR: which is in compliance with its zone's lot size, and the Under Current Zoning: 5000 sq. ft. PUD establishes the building envelope and other R-30/PUD Allowable: 3,581 sq. ft. dimensional requirements. In addition,the City will be Proposed Allowable: 3,200 sq. ft. provided with a permanent trail easement across this lot. The Planning and Zoning Commission voted 4-1 to recommend approval. 1 REVIEW PROCEDURE • Rezoning &Consolidated Planned Unit Development Reviews: City Council shall approve, approve with conditions, or deny a rezoning and/or Consolidated PUD request after considering a recommendation by the Planning and Zoning Commission. STAFF COMMENTS: Holy Cross Energy Association (Applicant), represented by Alan Richman of Alan Richman Planning Services, is requesting land use approvals to establish a building envelope for the development of a single family residence on a lot located below and north of Highway 82 and Castle Creek Bridge, east of Barnard Court and Park, and on both sides of Power Plant Road above the Aspen City Shop. Holy Cross previously offered the site for sale to the City of Aspen and Aspen/Pitkin County Housing Authority, but both entities decided not to purchase the lot. One request is to rezone the parcel. Currently, the parcel is split zoned, with the Conservation Zone District on the west portion located above Power Plant Road and the Public Zone District on the east portion located below Power Plant Road. The photograph below shows the portion of the lot zoned Conservation. The Conservation Zone District allows the construction of a single family residence, but the Public Zone District does not. The request is to rezone the entire parcel to the R-30, Low Density Residential Zone District with a Planned Unit Development (PUD) Overlay. The second request is for Consolidated Planned Unit Development (PUD) Review to create a site specific PUD Plan. The PUD would establish the building envelope on the west portion of the parcel zoned Conservation. In addition, the Applicant requested the development be granted vested rights status. Ordinance No. 5, Series of 2000, automatically grants vested rights status for three years for approved developments, so this request will be acknowledged if the project is approved. tirn to' Rezoning to R-30/PUD Rezoning the property achieves _ Public Zone two goals. First, the parcel is District currently a non-conforming lot � �' '� , in the Conservation Zone Conservation ,� Zone District District because the minimum rs lot size for a parcel in this district is 10 acres. This parcel is approximately 32,456 square � zone district division line feet, or .75 acres. The is Power minimum lot size in the R-30 � � `` Plant Road Zone District is 30,000 square feet. Thus, the rezoned lot would conform to the la nd use code. 2 Second, although a single family residence is permitted in the Conservation Zone District, the front-, rear-, and side-yard setbacks in this zone district - designed for 10 acre parcels - would overlap on this .75 acre lot, leaving no developable area for a single family residence, which is a permitted use. Instead of requesting a setback variance, Staff recommended the applicant apply to rezone the property to both bring the lot into conformance with the Land Use Code as well as to establish the building envelope in the best possible location on the site as part of the PUD. Staff supports the rezoning request because it brings the lot into conformance with the code, and allows for the minimum land use of the property of one single family dwelling. Site Specific Planned Unit Development The second request is for Consolidated Planned Unit Development (PUD) Review to create a site specific PUD Plan to establish a building envelope and other dimensions for a single-family house on the lot. A PUD would ensure that the location, dimensions, and landscaping of the lot are site and neighborhood sensitive. The following table shows the dimensional requirements for the Conservation Zone District, R-30 Zone District, and proposed PUD. Zone District Front Side Rear Height Floor Area Ratio Conservation 100 feet 30 feet 30 feet 28 feet 3,750 sq. ft.* R-30, Low Density Residential 25 feet 10 feet 10 feet 25 feet 3,581 sq. ft.* Proposed PUD 16.75 feet 10 feet 15 feet 25 feet 3,200 sq. ft. NOTE: These calculations include the maximum 25% slope reduction requirement. The table illustrates that the proposed PUD is more restrictive than the existing Conservation Zone District for height and floor area ratio, but less restrictive for all setbacks. The proposed dimensions establish a building envelope on the relatively flat bench in the center of the portion of the lot located above Power Plant Road. Staff believes this site provides challenges for the development of a single family residence. It contains trails (discussed in the next section), slopes, mature native vegetation, and is fairly difficult to access and connect to public utilities. Nevertheless, Staff believes that the proposed PUD creates a building envelope, access, and dimensional requirements that are site and neighborhood sensitive. The building envelope is relatively flat and avoids most of the dense, mature native vegetation on the site. It is for these reasons that Staff can support the site specific PUD. Trails, Driveway & Utilities Two (2) pedestrian/bike trails currently cross the property. One trail (Trail 1) runs parallel to Highway 82 on the southern portion of the property and then continues under the Castle Creek Bridge. This trail connects Cemetery Lane to the Marolt property and the school trail. A portion of the trail that runs parallel to Highway 82 is on both City and Holy Cross properties. A second trail (Trail 2) splits off from this 3 trail, crosses through the center of the property, and then connects the pedestrian/bike trail to Power Plant Road. The photo below does not accurately reflect the survey line. Holy Cross granted Pitkin County revocable trail easements for both trails on its property in 1974 (Exhibit 3 of the application). The easements "may be terminated by Grantor, its successors or assigns, for any reason at any time." Holy Cross proposes to terminate the revocable easement for Trail 2 and convert the trail into a driveway to access the building envelope. The Applicant also proposes to grant the City of Aspen a permanent easement for the portion of Trail 1 located on its property. The utility plan for the property demonstrates that the necessary utilities are located immediately west of the property (toward Barnard Court). Holy Cross is requesting a utility easement from the City to locate the utilities beneath Trail 1, reducing disturbance to the native vegetation on the slopes to the property. In exchange for the utility easement, the Applicant agrees to rebuild Trail 1 that runs parallel to the highway and continues on the Holy Cross property beneath Castle Creek Bridge. Community Development and Parks Staff are disappointed about the prospect of losing Trail 2, however, the owners are within their rights to do so. This link provides an important connection from Trail 1 to Power Plant Road ;" Power Plant and neighbors have expressed u � Road their desire t keep the trail. ,� Trai12 Staff has explored a number - sarnara � of options for maintaining Court ` ° � this connection, but the steep slopes, retaining walls, and "� dense vegetation do not make another realignment or option , Trail possible. Pedestrian and bike Hol Cross traffic from Power Plant Property Road can continue around the Fiwy 82 bend in the road a little Traill City Property further and connect to Trail 1 ' t via Barnard Court or crossing Cemetery Lane. Staff recognizes that the existing easement is revocable and the trail provides the best vehicular access to the property. The Applicant and Staff explored the possibility of accessing the property from Barnard Court. But steep slopes and potential conflicts with heavy pedestrian and bike traffic on Trail 1 make this a challenging option. Staff supports placing the utilities under Trail 1 in exchange for a rebuilt trail. Parks Department Staff and neighbors contend that this steep trail is dangerous and in need of repair and re-grading to make it safer. Placing utilities under the trail would also 4 alleviate the need for imposing greater impacts on the site's slopes and native vegetation. Planning and Zoning Commission & City Council Action The Planning and Zoning Commission voted 4-1 to recommend City Council approve the rezoning and Consolidated PUD. City Council approved the ordinance on First Reading on June 6, 2000. Planning and Zoning Commissioners generally agreed with Staff that the site is challenging for the development of a single family residence, but also that existing zoning prohibits any viable use of the land (the Conservation Zone District's permitted and conditional uses are included as Exhibit C). Some members also expressed appreciation for the Applicant's willingness to further restrict FAR for the site as part of the PUD. The Commissioner who voted against the application said he does not believe the application meets several of the zoning and PUD criteria. The Commission recommended two conditions of approval. The conditions are that the Planning and Zoning Commission shall approve detailed landscape and architectural plans for the property prior to an application for building permit. The reasons for the conditions are that the PUD criteria addresses each of these development characteristics for this prominent location near the entrance to town; however, the application contains hypothetical landscape and architectural plans because Holy Cross does not plan to develop the property. The Applicant agreed to the conditions. A few neighbors voiced their opposition to the project, explaining that they bought their properties with the understanding that the site would not be developed because the Conservation Zone District's setback precluded development on the parcel. They also argued that Trail 2 is important because it is regularly used by children going to school. RECOMMENDATION: Staff recommends City Council approve of rezoning the Holy Cross Energy Association parcel to R-30/PUD and creating a site specific PUD plan,with conditions in the draft Ordinance. RECOMMENDED MOTION: "I move to approve Ordinance No. , Series of 2000, approving rezoning the Holy Cross Energy parcel to R-30/PUD and creating a site specific PUD." CITY MANAGER COMMENTS: 5 ATTACHMENTS: Exhibit A -- Review Criteria and Staff Findings Exhibit B -- Referral Agency Comments Exhibit C -- Conservation Zone District Exhibit D -- Development Application 6 EXHIBIT A HOLY CROSS REZONING TO R-30/PUD & CONSOLIDATED PUD REVIEW CRITERIA& STAFF FINDINGS Section 26.310.020, Standards Applicable to Amendments to the Official Zone District Map In reviewing an amendment to the official zone district map, the Planning and Zoning Commission shall consider: A. Whether the proposed amendment is in conflict with any applicable portions of this title. Staff Finding: Staff does not believe rezoning this parcel from Conservation and Public to R-30/PUD would be in conflict with any portions of this title. Rezoning the property would bring it into compliance with the Land Use Code because the 32,456 square foot lot would comply with the minimum lot size for this zone district, which is 30,000 square feet. This parcel is contiguous to land zoned R-30/PUD immediately to the south. B. Whether the proposed amendment is consistent with all elements of the Aspen Area Comprehensive Plan. Staff Finding: Staff believes rezoning the parcel will not conflict with the AACP. The AACP's Growth Philosophy states that the City of Aspen agrees to accept greater density within the Aspen Community Growth Boundary, and the proposed development is located within this area. It is specifically proposed for an undeveloped parcel situated below Castle Creek Bridge, above Power Plant Road, and east of Barnard Court. The AACP also encourages reducing automobile trips. This parcel is within walking and biking distance to town, trails, bus stops, and recreation areas. One of the goals of the AACP is to improve safety for pedestrians and bikes in the Aspen area. The proposal is essentially a trade-off concerning this goal. One trail crossing the property from Power Plant Road to the trail along Highway 82 and under Castle Creek Bridge would be removed because the Applicant would revoke the trail easement to gain access for the parcel. A trail easement granted by Holy Cross Energy Association to Pitkin County in 1974 states that the easement "may be terminated by Grantor, its successors or assigns, for any reason at any time." However, the community gains from the dedication of a permanent easement for the trail that connects Cemetery Lane to the Marolt property running along side Highway 82 and then underneath the bridge (referred to as Trail 1 in the Staff memo). In addition, the Applicant agrees to rebuild the path subject to the Parks Department's approval in exchange for a utility 7 easement from the City of Aspen to place utilities under the path. The trail is in need of repair and contains fairly steep slopes that are not safe for all bicyclists and pedestrians; the rebuilt trail would be made safer for all users. C. Whether the proposed amendment is compatible with surrounding zone districts and land uses, considering existing land use and neighborhood characteristics. Staff Finding: Rezoning the property would permit the development of one single family residence on the site, which is also allowed under current zoning. Zoning in the Cemetery Lane area is either zoned R-6, R-15, R-30/PUD, and Park (for the golf course). Staff believes the proposed rezoning, R-30, is compatible with the character of existing land uses in the area. The property is surrounded by single family and duplex units, Highway 82, a park, bike paths, and the City maintenance shop. The proposed residence would be consistent with these uses. According to the Applicant, the reason for the rezoning and PUD is to establish a building envelope and dimensional requirements to situate the house in a location that minimizes its impact on slopes and native vegetation. The location of the proposed building envelope is currently zoned Conservation, which prescribes setbacks that would make situating a house on the parcel impossible. The following table illustrates current and proposed setbacks, height, and FAR. Although the property is proposed to be rezoned to R-30, the PUD setbacks are the dimensions requested in the application. Zone District Front Side Rear Height Floor Area Ratio Conservation 100 feet 30 feet 30 feet 28 feet 3,750 sq. ft.* R-30, Low Density Residential 25 feet 10 feet 10 feet 25 feet 3,581 sq. ft.* Proposed PUD 16.75 feet 10 feet 15 feet 25 feet 3,200 sq. ft. NOTE: These calculations include the maximum 25% slope reduction requirement. The proposed PUD would establish setbacks less restrictive than the Conservation Zone District, but the height and FAR dimensions are proposed to be more restrictive than currently allowed. Staff believes the proposed dimensions to be suitable for the development of a single family residence on this lot given its slope constraints and odd configuration above Power Plant Road and below Highway 82. D. The effect of the proposed amendment on traffic generation and road safety. Staff Finding: Rezoning the property should only have minimal impacts on traffic generation and road safety. The application states that an average single family residence in Aspen generates five (5) to ten (10) automobile trips per day. The residence would be located within walking distance to downtown, bus stops, and recreation and employment areas. Staff does not believe rezoning the property would adversely impact traffic generation and road safety. 8 E. Whether and the extent to which the proposed amendment would result in demands on public facilities, and whether 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: All appropriate utility agencies and the City Engineer were referenced on this application and reported the ability to serve this project. The Parks Department supports the proposal to locate utilities under the trail in exchange for a rebuilt trail. A condition of approval shall be that the owner(s) mitigate any public impacts that this project causes, including but not limited to utility expenses and sanitary sewer and water lines. School, park, water, sanitation, and other impact fees will be due prior to the issuance of building permits. F. Whether and the extent to which the proposed amendment would result in significant adverse impacts on the natural environment. Staff Finding: Rezoning the property will not itself create adverse impacts on the natural environment because current zoning and proposed zoning both permit the construction of a single family residence. The main difference is that current zoning effectively prevents any development on the property because of the setbacks in the Conservation Zone District. The PUD would restrict height and FAR below what is currently allowed for the site, but adjust the setbacks to create a building envelope on the most developable portion of the site. Steep slopes and natural vegetation are preserved to the greatest extent possible. In addition, the Applicant has removed a City-owned fuel storage tank from the site with permission from the City. G. Whether the proposed amendment is consistent and compatible with the community character in the City of Aspen. Staff Finding: Staff believes rezoning the property is consistent and compatible with the community character in the City of Aspen, particularly because rezoning the parcel will not change its expected land use—single family residential. The PUD review ensures that the dimensions and character of the proposed development are consistent and compatible with the character of Aspen, including surrounding uses, public facilities and utilities, access, architecture and landscaping. Rezoning the parcel to a residential zone district is also consistent with promoting higher densities of development inside the Aspen Community Growth Boundary. H. Whether there have been changed conditions affecting the subject parcel or the surrounding neighborhood which support the proposed amendment. Staff Finding: In 1992,the City rezoned the Aspen City Shop and portion of the Holy Cross parcel from R- 30/PUD to Public/PUD to bring the City Shop into compliance with the Land Use Code. The 9 Applicant had been unaware of this rezoning until recently. The request is to rezone the entire parcel to this zone district. 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: Staff does not believe the proposed rezoning would be in conflict with the public interest and believes it is in harmony with the purpose and intent of the Land Use Code. Again, rezoning the property would not change the expected use of the land, and the City benefits from gaining a permanent easement for a highly used trail/bike path. 26.445.050 Review Standards: Consolidated PUD A development application for Conceptual, Final, Consolidated Conceptual and Final, or Minor PUD shall comply with the following standards and requirements. Due to the limited issues associated with Conceptual Reviews and properties eligible for Minor PUD Review, certain standards shall not be applied as noted. The burden shall rest upon an applicant to show the reasonableness of the development application, and its conformity to the standards and procedures of this Chapter and this title. A. General requirements. 1. The proposed development shall be consistent with the Aspen Area Community Plan. Staff Finding Staff believes the proposed site specific PUD will not conflict with the AACP. The AACP's Growth Philosophy states that the City of Aspen agrees to accept greater density within the Aspen Community Growth Boundary, and the proposed PUD establishes a building envelope and other dimensions for a single family residence within this area. The AACP also encourages reducing automobile trips. A residence on this lot would help reduce automobile trips because of its close proximity to town, trails, bus stops, and recreation and employment areas. 2. The proposed development shall be consistent with the character of existing land uses in the surrounding area. Staff Finding A single family residence in an appropriate building envelope is consistent with the character of existing land uses in the area. The property is surrounded by single family and duplex units, Highway 82, a park, bike paths, and the Aspen City Shop. The proposed residence would be consistent with these uses. 3. The proposed development shall not adversely affect the future development of the surrounding area. 10 Staff Finding Staff does not believe the proposed development would adversely affect future development of the surrounding area. The surrounding area is mostly built out with residences, the Aspen City Shop, a park, or consists of undevelopable areas. A condition of approval is that the applicant place a conservation easement over those portions of the property located across Power Plant Road to the north/northeast to ensure that the steep slopes are not developed. 4. The proposed development has either been granted GMQS allotments, is exempt from GMQS, or GMQS allotments are available to accommodate the proposed development and will be considered prior to, or in combination with, final PUD development plan review. Staff Finding A condition of approval is that prior to the submission of a building permit application, the property owners shall meet the then current growth management requirements for the development of a new single family residence, which may include, but not be limited to, applying for and obtaining a GMQS allotment or exemption, and providing affordable housing mitigation requirements at the then current standards. B. Establishment of Dimensional Requirements: The final PUD development plans shall establish the dimensional requirements for all properties within the PUD as described in General Provisions, Section 26.445.040, above. The dimensional requirements of the underlying zone district shall be used as a guide in determining the appropriate dimensions for the PUD. During review of the proposed dimensional requirements, compatibility with surrounding land uses and existing development patterns shall be emphasized. The proposed dimensional requirements shall comply with the following: 1. The proposed dimensional requirements for the subject property are appropriate and compatible with the following influences on the property: a) The character of, and compatibility with, existing and expected future land uses in the surrounding area. b) Natural or man-made hazards. c) Existing natural characteristics of the property and surrounding area such as steep slopes,waterways, shade, and significant vegetation and landforms. d) Existing and proposed man-made characteristics of the property and the surrounding area such as noise, traffic, transit, pedestrian circulation, parking, and historical resources. Staff Finding Staff believes the proposed dimensional requirements for the property are appropriate and compatible with natural and man-made features on and surrounding the property. The dimensional requirements are stricter than those allowed in the Conservation and R-15 Zone Districts. For example, the allowable floor area ratio for this lot size in the current 11 Conservation Zone District is approximately 5,000 square feet, and over 3,500 square feet in the R-15 Zone District. The proposal is to limit FAR for the property to 3,200 square feet in the PUD. Similarly, the Conservation Zone allows height limits of 28 feet, while the R-15 Zone District and proposed PUD would limit height for this property to 25 feet. The dimensions also restrict development to the only buildable portion of the parcel; steep slopes and dense native vegetation are avoided. The proposed dimensions also protect the existing bike path/trail connecting Cemetery Lane to the Marolt property along Highway 82 and under Castle Creek Bridge (Trail 1). Unfortunately, the section of the bike path/trail that branches off from this trail to Power Plant Road is proposed to be eliminated because it provides the only possible access to the property. Zone District Front Side Rear Height Floor Area Ratio Conservation 100 feet 30 feet 30 feet 28 feet 3,750 sq. ft.* R-30, Low Density Residential 25 feet 10 feet 10 feet 25 feet 3,581 sq. ft.* Proposed PUD 16.75 feet 10 feet 15 feet 25 feet 3,200 sq. ft. NOTE: These calculations include the maximum 25% slope reduction requirement. Overall, Staff believes the proposed dimensions of this PUD to be appropriate and compatible with the surrounding area. 2. The proposed dimensional requirements permit a scale, massing, and quantity of open space and site coverage appropriate and favorable to the character of the proposed PUD and of the surrounding area. Staff Finding Staff believes the Applicant has proposed a building envelope on the most suitable portion of the site, avoiding steep slopes, native vegetation to the greatest extent possible, and a key trail connecting Cemetery Lane to the Marolt property. Proposing more restrictive dimensional requirements such as FAR and height than existing zoning and equal to or more restrictive than the R-30 Zone District should permit a scale, massing, and quantity of open space and site coverage favorable to the surrounding areas. Site coverage is proposed to be less than 10 percent, and the PUD would establish a minimum of 35 percent of open space, which Staff is recommending be made a condition of approval through the granting of a conservation easement. 3. The appropriate number of off-street parking spaces shall be established based on the following considerations: a) The probable number of cars used by those using the proposed development including any non-residential land uses. b) The varying time periods of use,whenever joint use of common parking is proposed. c) The availability of public transit and other transportation facilities, including those for pedestrian access and/or the commitment to utilize automobile disincentive techniques in the proposed development. 12 d) The proximity of the proposed development to the commercial core and general activity centers in the city. Staff Finding The Applicant is proposing to provide two (2) off-street parking spaces in a 2-car garage, which is required by the Land Use Code. Guest parking would be provided in front of the garage and on the driveway. If the future property owner decided to apply for an ADU, the owner would be required to provide an additional parking space for that unit on site. 4. The maximum allowable density within a PUD may be reduced if there exists insufficient infrastructure capabilities. Specifically, the maximum density of a PUD may be reduced if: a) There is not sufficient water pressure, drainage capabilities, or other utilities to service the proposed development. b) There are not adequate roads to ensure fire protection, snow removal, and road maintenance to the proposed development. Staff Finding There are no infrastructure capacity issues that would prohibit the amount of development being considered. Staff does not recommend any reductions in the development being proposed. 5. The maximum allowable density within a PUD may be reduced if there exists natural hazards or critical natural site features. Specifically, the maximum density of a PUD may be reduced if: a) The land is not suitable for the proposed development because of ground instability or the possibility of mud flow, rock falls or avalanche dangers. b) The effects of the proposed development are detrimental to the natural watershed, due to runoff, drainage, soil erosion, and consequent water pollution. c) The proposed development will have a pernicious effect on air quality in the surrounding area and the City. d) The design and location of any proposed structure, road, driveway, or trail in the proposed development is not compatible with the terrain or causes harmful disturbance to critical natural features of the site. Staff Finding The Applicant is proposing to establish a building envelope for the development of one (1) single family residence. There are no known natural hazard or site limitations that prohibit the amount of development—the single residence—being considered. Staff does not recommend any reductions to the proposed development based on this standard. 6. The maximum allowable density within a PUD may be increased if there exists a significant community goal to be achieved through such increase and the development pattern is compatible with its surrounding development 13 patterns and with the site's physical constraints. Specifically,the maximum density of a PUD may be increased if: a) The increase in density serves one or more goals of the community as expressed in the Aspen Area Community Plan (AACP) or a specific area plan to which the property is subject. b) The site's physical capabilities can accommodate additional density and there exists no negative physical characteristics of the site, as identified in subparagraphs 4 and 5, above, those areas can be avoided, or those characteristics mitigated. c) The increase in maximum density results in a development pattern compatible with, and complimentary to, the surrounding existing and expected development pattern, land uses, and characteristics. Staff Finding The applicant is not requesting an increase in density beyond what is allowed within the PUD. In addition, the site's physical capabilities can accommodate the single family residential use. C. Site Design. The purpose of this standard is to ensure the PUD enhances public spaces, is complimentary to the site's natural and man-made features and the adjacent public spaces, and ensures the public's health and safety. The proposed development shall comply with the following: 1. Existing natural or man-made features of the site which are unique, provide visual interest or a specific reference to the past, or contribute to the identity of the town are preserved or enhanced in an appropriate manner. Staff Finding The proposed development complies with most of the man-made features on the site and does not detract from the site's natural features or visual interest. It contributes to the town's identity by preserving the existing trail connection between Cemetery Lane and the Marolt property with a permanent easement. Unfortunately, it also proposes to terminate a revocable trail easement for the portion of the trail that branches off to Power Plant Road. It must be pointed out that this is an easement and not a public space. No historic structures or other unique features exist on the property. Steep slopes and existing native vegetation outside the building envelope will be preserved. 2. Structures have been clustered to appropriately preserve significant open spaces and vistas. Staff Finding Only one structure, a single family residence, is proposed for the parcel. The residence would not block mountain views from neighboring parcels, and would be limited to 3,200 square feet of floor area. Open space on the parcel below Power Plant Road would be preserved. 14 3. Structures are appropriately oriented to public streets, contribute to the urban or rural context where appropriate, and provide visual interest and engagement of vehicular and pedestrian movement. Staff Finding The proposed residence would be oriented toward Power Plant Road, and contribute to the context of the surrounding area by preserving views, trails, and open space. The City's Residential Design Standards will be applied to this property, ensuring that the proposed development provides visual interest and engagement of vehicular and pedestrian movement. A cursory review of the potential residence indicates compliance with the standards and the applicant is not requesting any variances from these standards. Holy Cross plans to gain land use approvals for the property and then sell the parcel. It is for this reason that the applicant is not submitting final architectural drawings for the single family residence. Any other proposed residence for this site will also be reviewed for compliance with the design standards. 4. Buildings and access ways are appropriately arranged to allow emergency and service vehicle access. Staff Finding Access to the property is proposed to be from Power Plant Road a branch of the existing trail is located. The Aspen Fire Marshall has reserved comment on the access until a building permit application has been received by the City. A condition of approval is that the Aspen Fire Marshall shall approve emergency access to the property prior to the issuance of a building permit. A second, related condition of approval is that the building be sprinkled. 5. Adequate pedestrian and handicapped access is provided. Staff Finding Pedestrian and handicapped access will be provided via the driveway from Power Plant Road or the trail from Cemetery Lane. 6. Site drainage is accommodated for the proposed development in a practical and reasonable manner and shall not negatively impact surrounding properties. Staff Finding A condition of approval is that a drainage plan, including an erosion control plan, prepared by a Colorado licensed Civil Engineer which maintains sediment and debris on-site during and after construction, be approved by the City's Engineering Department prior to the issuance of building permits. If a ground recharge system is required, a soil percolation report will be required to correctly size the facility. A 2-year storm frequency should be used in designing any drainage improvements. The City drainage criteria needs to be implemented. 15 The Applicant is proposing to accommodate drainage on site through the use of a swale in the southeastern corner of the property and drywells under the driveway, parking area(in front of the garage), and under the swale. The City Engineer recommends that the dry wells be at least 10 feet deep. 7. For non-residential land uses, spaces between buildings are appropriately designed to accommodate any programmatic functions associated with the use. Staff Finding This application is for a residential land use, so this criteria does not apply. D. Landscape Plan. The purpose of this standard is to ensure compatibility of the proposed landscape with the visual character of the city,with surrounding parcels, and with existing and proposed features of the subject property. The proposed development shall comply with the following: 1. The landscape plan exhibits a well designated treatment of exterior spaces, preserves existing significant vegetation, and provides an ample quantity and variety of ornamental plant species suitable for the Aspen area climate. 2. Significant existing natural and man-made site features,which provide uniqueness and interest in the landscape, are preserved or enhanced in an appropriate manner. 3. The proposed method of protecting existing vegetation and other landscape features is appropriate. Staff Finding A condition of approval is that, prior to the issuance of building permits, the Applicant shall submit a detailed landscape plan to the Community Development Department and Parks Department showing the size, species, quantity, and location of all existing and planned native and non-native vegetation on the portion of the portion of the site located above Power Plant Road. The final landscape plan shall be approved by the Community Development Director after considering a recommendation by the Parks Department. E. Architectural Character. It is the purpose of this standard is to encourage architectural interest,variety, character, and visual identity in the proposed development and within the City while promoting efficient use of resources. Architectural character is based upon the suitability of a building for its purposes, legibility of the building's use, the building's proposed massing, proportion, scale, orientation to public spaces and other buildings, use of materials, and other attributes which may significantly represent the character of the proposed development. There shall be approved 16 as part of the final development plan an architectural character plan,which adequately depicts the character of the proposed development. The proposed architecture of the development shall: 1. Be compatible with or enhance the visual character of the city, appropriately relate to existing and proposed architecture of the property, represent a character suitable for, and indicative of, the intended use, and respect the scale and massing of nearby historical and cultural resources. 2. Incorporate, to the extent practical, natural heating and cooling by taking advantage of the property's solar access, shade, and vegetation and by use of non- or less-intensive mechanical systems. 3. Accommodate the storage and shedding of snow, ice, and water in a safe and appropriate manner that does not require significant maintenance. Staff Finding The Applicant is applying for land use approvals for the property; if approved, the Applicant plans to sell the property. It is expected that a buyer would develop a single family residence on the site. The application contains architectural drawings for one potential residence on site. Staff does not believe it is appropriate or worthwhile to comment on a residence that may or may not be built because the drawings may not be an accurate representation of the proposed single family residence. Instead, staff can only confirm that any residence on this site must conform to the City's Residential Design Standards, building codes for energy standards, etc. F. Lighting. The purpose of this standard is to ensure the exterior of the development will be lighted in an appropriate manner considering both public safety and general aesthetic concerns. The following standards shall be accomplished: 1. All lighting is proposed so as to prevent direct glare or hazardous interference of any kind to adjoining streets or lands. Lighting of site features, structures, and access ways is proposed in an appropriate manner. 2. All exterior lighting shall be in compliance with the Outdoor Lighting Standards unless otherwise approved and noted in the final PUD documents. Up-lighting of site features, buildings, landscape elements, and lighting to call inordinate attention to the property is prohibited for residential development. Staff Finding All new lighting for the proposed residence must be in compliance with the City's lighting code adopted in November 1999 and Uniform Building Code for safety. The new lighting shall be designed to minimize glare onto adjacent properties, Highway 82 and Power Plant Road. 17 G. Common Park, Open Space, or Recreation Area. If the proposed development includes a common park, open space, or recreation area for the mutual benefit of all development in the proposed PUD, the following criteria shall be met: 1. The proposed amount, location, and design of the common park, open space, or recreation area enhances the character of the proposed development, considering existing and proposed structures and natural landscape features of the property, provides visual relief to the property's built form, and is available to the mutual benefit of the various land uses and property users of the PUD. 2. A proportionate, undivided interest in all common park and recreation areas is deeded in perpetuity (not for a number of years) to each lot or dwelling unit owner within the PUD or ownership is proposed in a similar manner. 3. There is proposed an adequate assurance through a legal instrument for the permanent care and maintenance of open spaces, recreation areas, and shared facilities together with a deed restriction against future residential, commercial, or industrial development. Staff Finding No common park or open space is included in this application for this lot. However, open space on the lot below Power Plant Road will be preserved and a trail easement shall be deeded in perpetuity to the City for the Cemetery Lane to Marolt property connection. H. Utilities and Public facilities. The purpose of this standard is to ensure the development does not impose an undue burden on the City's infrastructure capabilities and that the public does not incur an unjustified financial burden. The proposed utilities and public facilities associated with the development shall comply with the following: 1. Adequate public infrastructure facilities exist to accommodate the development. Staff Finding All appropriate utility agencies and the City Engineer were referenced on this application and reported the ability to serve this project. 2. Adverse impacts on public infrastructure by the development will be mitigated by the necessary improvements at the sole cost of the developer. Staff Finding Staff recommends a condition of approval be that the owner(s) mitigate any public impacts that this project causes, including but not limited to utility expenses and sanitary sewer and water lines. Another condition of approval is that the Applicant shall provide an unconditional easement to the City of Aspen for maintenance of the retaining walls and structures below and around Castle Creek Bridge. The easement, which shall be designated 18 on the PUD plans and approved by the City Engineer, shall be from approximately 15 feet above and adjacent to the retaining walls down to Power Plant Road. 3. Oversized utilities, public facilities, or site improvements are provided appropriately and where the developer is reimbursed proportionately for the additional improvement. Staff Finding No oversized utility stubs were requested to be installed with this development. I. Access and Circulation. (Only standards 1&2 apply to Minor PUD applications) The purpose of this standard is to ensure the development is easily accessible, does not unduly burden the surrounding road network, provides adequate pedestrian and recreational trail facilities and minimizes the use of security gates. The proposed access and circulation of the development shall meet the following criteria: 1. Each lot, structure, or other land use within the PUD has adequate access to a public street either directly or through an approved private road, a pedestrian way, or other area dedicated to public or private use. Staff Finding Access to the building envelope is proposed to be from Power Plant Road, a public street, where the current trail/bike path exists. 2. The proposed development,vehicular access points, and parking arrangement do not create traffic congestion on the roads surrounding the proposed development, or such surrounding roads are proposed to be improved to accommodate the development. Staff Finding Staff does not believe the development of a single family residence on this parcel will require improvements to Power Plant Road. Parking will be accommodated on site for residents and visitors. Accessing the property from Power Plant Road should not cause a significant increase in traffic congestion on Power Plant Road, Cemetery Lane, or Highway 82. According to the application, a single family residence in town can be expected to generate between 5 and 10 vehicular trips per day, which is a small number of trips occurring on the surrounding roads, particularly Highway 82. 3. Areas of historic pedestrian or recreational trail use, improvements of, or connections to, the bicycle and pedestrian trail system, and adequate access to significant public lands and the rivers are provided through dedicated public trail easements and are proposed for appropriate improvements and maintenance. 19 Staff Finding Holy Cross plans to revoke a trail easement across the property. This trail does not provide access to significant public lands or a river. Pedestrians and bicyclists may continue to access the trail, Cemetery Lane and Highway 82 along Power Plant Road. It should be noted that the road is not particularly safe for pedestrians or bikes because of the curves and grade of the road. The Applicant has also proposed to deed the trail along Highway 82 and under Castle Creek Bridge to the City in perpetuity, and to rebuild it to make it significantly safer. This is an important connection in the City's trail system; it provides safe pedestrian and bike access to and from Aspen off of Highway 82. 4. The recommendations of the Aspen Area Community Plan and adopted specific plans regarding recreational trails, pedestrian and bicycle paths, and transportation are proposed to be implemented in an appropriate manner. Staff Finding The AACP does not propose additional trails for this parcel. 5. Streets in the PUD which are proposed or recommended to be retained under private ownership provide appropriate dedication to public use to ensure appropriate public and emergency access. Staff Finding This is a site specific PUD that does not include streets. 6. Security gates, guard posts, or other entryway expressions for the PUD, or for lots within the PUD, are minimized to the extent practical. Staff Finding Gates, guard posts, or other entryway expressions are not proposed for the PUD. J. Phasing of Development Plan. (does not apply to Conceptual PUD applications) The purpose of this criteria is to ensure partially completed projects do not create an unnecessary burden on the public or surrounding property owners and impacts of an individual phase are mitigated adequately. If phasing of the development plan is proposed, each phase shall be defined in the adopted final PUD development plan. The phasing plan shall comply with the following: 1. All phases, including the initial phase, shall be designed to function as a complete development and shall not be reliant on subsequent phases. 2. The phasing plan describes physical areas insulating, to the extent practical, occupants of initial phases from the construction of later phases. 20 3. The proposed phasing plan ensures the necessary or proportionate improvements to public facilities, payment of impact fees and fees- in-lieu, construction of any facilities to be used jointly by residents of the PUD, construction of any required affordable housing, and any mitigation measures are realized concurrent or prior to the respective impacts associated with the phase. Staff Finding Although no phased development is proposed, Holy Cross plans to install utilities under the trail along Highway 82 and rebuild the trail prior to selling the property, which is also included as a condition of approval. 21 EXHIBIT B REFERRAL AGENCY COMMENTS MEMORANDUM To: Nick Lelack, Planner From: Ben Ludlow, Project Engineer Reference DRC Caseload Coordinator Date: April 3, 2000 Re: Holy Cross Rezoning and PUD The Development Review Committee has reviewed the Holy Cross Rezoning and PUD application at their March 29, 2000 meeting, and has compiled the following comments: General 1. Sufficiency of Submittal: DRC comments are based on the fact that we believe that the submitted site plan is accurate, that it shows all site features, and that it is feasible. The wording must be carried forward exactly as written unless prior consent is received from the Engineering Department. This is to alleviate problems related to approvals tied to "issuance of building permit." 2. R.O.W. Impacts: If there are any encroachments into the public rights-of-way, the encroachment must either be removed or be subject to current encroachment license requirements. Site Review 1. Site Drainage—Requirement—A drainage report was not submitted with the application. The site development approvals must include the requirement meeting runoff design standards of the Land Use Code at Sec. 26.580.020.A.6.a and a requirement that, prior to the building permit application, a drainage mitigation plan (24"x36" size plan sheet or on the lot grading plan) must meet the requirements of the Engineering Department Interim Design Standards and must be submitted for review and approval by the Engineering Department. The mitigation plan must also address the temporary sediment control and containment plan for the construction phase. If drywells are an acceptable solution for site drainage, a soils report must be provided with a percolation test to verify the feasibility of this type of system. Drywells have depths well below depth of frost (10' minimum) to function in cold weather. The drainage plan must contain a statement specifying the routine maintenance required by property owner(s) to ensure continued and proper performance. Drywells may not be placed within public right of way or utility easements. The foundation 22 drainage system should be separate from storm drainage, must be detained and routed on site, and must be shown on drainage plans prior to application for building permit. The drainage may be conveyed to existing landscaped areas if the drainage report demonstrates that the percolation rate and the detention volume meet the design storm. Information—The City drainage criteria needs to be implemented. This includes but is not limited to erosion control, soil stabilization, and vegetation disturbance. Also, there needs to be an analysis of where the drainage will flow and what adverse affects may arise from potential mud and debris flow. 2. Community Development—Information—The following request was provided by the Planning Department: a. The applicant may needs to look at a landscaping plan that that would provide vegetation between the two remaining bike paths. b. It would be beneficial to allow a trail on the top of the slope between the house and Power Plant Road. c. It may be useful to take vacated Cemetery Lane as the driveway instead of the proposed area. a. Fire Protection District — Information — ALL COMMENTS ARE RESERVED AT THIS TIME 3. Streets Department — Requirement - As of the request of the Streets Department revisions need to be made as follows: a. The applicant shall not track mud onto City streets during construction. A washed rock or other style mud rack must be installed during construction. 4. Parks—Requirement—The following information has been provided by the Parks Department: a. It would be beneficial if a trail easement could be maintained east-northeast of the house along the toe of the slope. b. Easements need to be shown on the plat. c. The parks department needs more information about plans for water for the house. d. There may need to be sagebrush mitigation at the project location. It would also be most beneficial to keep the native vegetation on the slopes. e. The idea of planting Spruce trees may not work in the project location due to the soil characteristics. 5. Engineering—Requirement—The following requirements have been provided by the Engineering Department: a. ROW permits and Encroachment licenses will be required during construction if applicable. 23 b. A Fugitive dust control permit will be required during construction. c. A 15 ft. easement at the toe of slope at Power Plant Rd would need to be granted for the purpose of the retaining wall removal and repair in the future. d. Slope stabilization, erosion control, and sediment control measures need to be implemented before, during and after construction. e. The building access via the planned drive is geometrically challenging from the standpoint of traffic control. Other options need to be looked at for the driveway. f. A geotechnical study is very important to learn the characteristics of the soil in the location to see what, if any, adverse affects may result. 6. Utilities: A utility plan needs to be submitted before any real comments and conclusions can be drawn by the utility companies. - Water: City Water Department- Requirement— The following information was given by the City of Aspen Water Department: a. All uses and construction will comply with the City of Aspen Water System Standards and with Title 25 and applicable portions of Title 8 (Water Conservation and Plumbing Advisory Code) of the Aspen Municipal code as they pertain to utilities. b. The nearest water service would have to come from either Power Plant Road or through Barnard Park. This may also then require an easement through adjacent property owner's property. c. The closest fire hydrant is located at the intersection of Power Plant Rd. and Cemetery Lane, or at the ground elevation of the City Shop. d. There is an old pemstock easement through the property that goes to the City Shop. This easement needs to be shown and the proposed building needs to avoid the easement. - Wastewater. Aspen Consolidated Waste District - Information — As a request of the Consolidated Waste District, revisions need to be made as follows: a. A set of drainage plans needs to be provided to Peg at ACSD so that an estimate of fees can be processed. b. There is a manhole near the southwest corner of the property that is not shown on the improvement survey. This needs to be shown because it may be close to the planned structure. c. The best source of service would be the aforementioned manhole that would require the use of a pump. - Construction. 24 Work in the Public Right of Way - Requirement— Given the continuous problems of unapproved work and development in public rights-of-way adjacent to private property, we advise the applicant as follows: Approvals 1. Engineering: The applicant receives approval from the City Engineering Department (920-5080) for design of improvements, including grading, drainage, transportation/streets, landscaping, and encroachments within public right of way. 2. Parks: The applicant receives approval from the Parks Department (920- 5120) for vegetation species and for public trail disturbance. 3. Streets: The applicant receives approval from the Streets department (920- 5130) for mailboxes, finished pavement, surface materials on streets, and alleyways. 4. Permits: Obtain R.O.W. permits for any work or development, involving street cuts and landscaping from the Engineering Department. 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CC•L 5 R Kathryn Koch, 08:37 AM 7/13/(" -0600, Re: Holy Cross Page 1 of 1 Date: Thu, 13 Jul 2000 08:37:45 -0600 (MDT) X-Sender: kathrynk @commons X-Mailer: Windows Eudora Pro Version 2.1.2 To: Nick Lelack <nickl @ci.aspen.co.us> From: Kathryn Koch <kathrynk @ci.aspen.co.us> Subject: Re: Holy Cross I do have the minutes. here is excerpt: Mayor Richards suggested adding a section to the ordinance, "applicant has represented an old storage tank has been removed from the site and that soils test has been done which shows no contamination of the site and that no future liability would accrue to the city" and also appendix that soils report. Richman requested that Section 2 condition #2 requires a PUD plan be filed within 180 days. Richman said the applicant has to come back to P & Z with landscaping and architectural plans. Richman said it will take more than 180 days for someone to return with those requirements. The applicants suggested once the new owner goes through P & Z with their landscape and architecture plans, these be made amendments to the PUD and be made of record. Richman noted (d) in 2 should be a condition in #3 rather than #2; the drainage plan should come in at time of building permit. Richman noted condition #15 regarding the Pemstock easement, this easement does not cross this property Mayor Richards asked about the development rights on the southern portion of the parcel. Richman said this will be deed restricted as open space and is not a separate parcel. Richman told Council they are willing to do the trail work and to install the utilities rather than wait for a developer. Councilman Hershey moved to adopt Ordinance #21, Series of 2000, on second reading, amending it to add the section on the storage tank; changing #2 in Section 2 to 360 days for the plat; move Section 2(d) into #3; and to eliminate the Pemstock easement with verification there is not easement on the property; seconded by Councilman McCabe. Roll call vote; Councilmembers Paulson, yes; Hershey, yes; McCabe, yes; Markalunas, yes; Mayor Richards, yes. Motion carried. At 08:39 AM 7/13/00 -0500, you wrote: >Hi Kathryn, >Do you have the minutes or the tapes from the Holy Cross public hearing a >couple of weeks ago? I need to get the language Rachel included as one of >the new conditions of approval before completing that Ordinance. >Thanks. >Nick Lelack >Planner, City of Aspen >(970) 920-5095 Printed for Nick Lelack<nickl @ci.aspen.co.us> 7/18/00 V I i;) MEMORANDUM TO: Mayor and City Council THRU: Steve Barwick, City Manager Q,Q John Worcester, City Attorney Ok J Julie Ann Woods, Community Development Director �t��' Joyce Ohlson, Deputy Director ak S oa • FROM: Nick Lelack, Planner RE: Holy Cross Energy: Rezoning to R-30/Planned Unit Development & Consolidated PUD Review— 15`Reading DATE: June 12, 2000 APPLICANT: ` a Power Plant Road. Holy Cross Energy Association ,, REPRESENTATIVE: Alan Richman Planning Services ''''...s..' -,,sr-r-. .,,,,;-:::.-;;;.' ,4,-'::, 4....'\14.g,4* ',"''' 'IMP!!‘;': ' '4 LOCATION: Along Power Plant Rd., north of � r, Hwy 82 and Castle Creek Bridge � ;�� .., ..,, ,,.... .,„ „ ,, , ,„.,5„.,,..,.. Nil - CURRENT ZONING: ,,.* A, l:. Conservation& Public PROPOSED ZONING: �f� � ��' h m6: R-30/PUD Overlay .,r -' �_. b- _. ._ The arrow points to the proposed location for a single family residence. The trail down to Power Plant Road would CURRENT LAND USE: become the driveway; utilities would be located beneath a Vacant rebuilt trail in the foreground parallel to Hwy 82. An aerial photograph is included at the end of this memorandum. PROPOSED LAND USE: Residential SUMMARY: The purpose of this application is to gain approvals of a LOT SIZE: rezoning and site specific Planned Unit Development 32,456 sq. ft. (PUD)Plan for the development of a single family residence. Rezoning the property brings the parcel into FAR: conformance with the land use code by creating a lot Under Current Zoning: 5000 sq. ft. which is in compliance with its zone's lot size, and the R-30/PUD Allowable: 3,581 sq. ft. PUD establishes the building envelope and other Proposed Allowable: 3,200 sq. ft. dimensional requirements. In addition,the City will be provided with a permanent trail easement across this lot. The Planning and Zoning Commission voted 4-1 to recommend approval. 1 REVIEW PROCEDURE • Rezoning &Consolidated Planned Unit Development Reviews: City Council shall approve, approve with conditions, or deny a rezoning and/or Consolidated PUD request after considering a recommendation by the Planning and Zoning Commission. STAFF COMMENTS: Holy Cross Energy Association (Applicant), represented by Alan Richman of Alan Richman Planning Services, is requesting land use approvals to establish a building envelope for the development of a single family residence on a lot located below and north of Highway 82 and Castle Creek Bridge, east of Barnard Court and Park, and on both sides of Power Plant Road above the Aspen City Shop. Holy Cross previously offered the site for sale to the City of Aspen and Aspen/Pitkin County Housing Authority, but both entities decided not to purchase the lot. One request is to rezone the parcel. Currently, the parcel is split zoned, with the Conservation Zone District on the west portion located above Power Plant Road and the Public Zone District on the east portion located below Power Plant Road. The photograph below shows the portion of the lot zoned Conservation. The Conservation Zone District allows the construction of a single family residence, but the Public Zone District does not. The request is to rezone the entire parcel to the R-30, Low Density Residential Zone District with a Planned Unit Development (PUD) Overlay. The second request is for Consolidated Planned Unit Development (PUD) Review to create a site specific PUD Plan. The PUD would establish the building envelope on the west portion of the parcel zoned Conservation. In addition, the Applicant requested the development be granted vested rights status. Ordinance No. 5, Series of 2000, automatically grants vested rights status for three years for approved developments, so this request will be acknowledged if the project is approved. -4 Rezoning to R-30/PUD r Rezoning the property achieves Public Zone two goals. First, the parcel is District currently a non-conforming lot Y y E� in the Conservation Zone Conservation Zone District District because the minimum �; � , lot size for a parcel in this �� t °_. y district is 10 acres. This parcel is approximately 32,456 square division line feet, or .75 acres. The Zone district is Power minimum lot size in the R-30 Plant Road Zone District is 30,000 square feet. Thus, the rezoned lot would conform to the land use code. 2 Second, although a single family residence is permitted in the Conservation Zone District, the front-, rear-, and side-yard setbacks in this zone district - designed for 10 acre parcels - would overlap on this .75 acre lot, leaving no developable area for a single family residence, which is a permitted use. Instead of requesting a setback variance, Staff recommended the applicant apply to rezone the property to both bring the lot into conformance with the Land Use Code as well as to establish the building envelope in the best possible location on the site as part of the PUD. Staff supports the rezoning request because it brings the lot into conformance with the code, and allows for the minimum land use of the property of one single family dwelling. Site Specific Planned Unit Development The second request is for Consolidated Planned Unit Development (PUD) Review to create a site specific PUD Plan to establish a building envelope and other dimensions for a single-family house on the lot. A PUD would ensure that the location, dimensions, and landscaping of the lot are site and neighborhood sensitive. The following table shows the dimensional requirements for the Conservation Zone District, R-30 Zone District, and proposed PUD. Zone District Front Side Rear Height Floor Area Ratio Conservation 100 feet 30 feet 30 feet 28 feet 3,750 sq. ft.* R-30,Low Density Residential 25 feet 10 feet 10 feet 25 feet 3,581 sq. ft.* Proposed PUD 16.75 feet 10 feet 15 feet 25 feet 3,200 sq. ft. NOTE: These calculations include the maximum 25% slope reduction requirement. The table illustrates that the proposed PUD is more restrictive than the existing Conservation Zone District for height and floor area ratio, but less restrictive for all setbacks. The proposed dimensions establish a building envelope on the relatively flat bench in the center of the portion of the lot located above Power Plant Road. Staff believes this site provides challenges for the development of a single family residence. It contains trails (discussed in the next section), slopes, mature native vegetation, and is fairly difficult to access and connect to public utilities. Nevertheless, Staff believes that the proposed PUD creates a building envelope, access, and dimensional requirements that are site and neighborhood sensitive. The building envelope is relatively flat and avoids most of the dense, mature native vegetation on the site. It is for these reasons that Staff can support the site specific PUD. Trails, Driveway & Utilities Two (2) pedestrian/bike trails currently cross the property. One trail (Trail 1) runs parallel to Highway 82 on the southern portion of the property and then continues under the Castle Creek Bridge. This trail connects Cemetery Lane to the Marolt property and the school trail. A portion of the trail that runs parallel to Highway 82 is on both City and Holy Cross properties. A second trail (Trail 2) splits off from this 3 trail, crosses through the center of the property, and then connects the pedestrian/bike trail to Power Plant Road. The photo below does not accurately reflect the survey line. Holy Cross granted Pitkin County revocable trail easements for both trails on its property in 1974 (Exhibit 3 of the application). The easements "may be terminated by Grantor, its successors or assigns, for any reason at any time." Holy Cross proposes to terminate the revocable easement for Trail 2 and convert the trail into a driveway to access the building envelope. The Applicant also proposes to grant the City of Aspen a permanent easement for the portion of Trail 1 located on its property. The utility plan for the property demonstrates that the necessary utilities are located immediately west of the property (toward Barnard Court). Holy Cross is requesting a utility easement from the City to locate the utilities beneath Trail 1, reducing disturbance to the native vegetation on the slopes to the property. In exchange for the utility easement, the Applicant agrees to rebuild Trail 1 that runs parallel to the highway and continues on the Holy Cross property beneath Castle Creek Bridge. Community Development and Parks Staff are disappointed about the prospect of losing Trail 2, however, the owners are within their rights to do so. This link provides an important connection from Trail 1 to Power Plant Road Power Plant • and neighbors have expressed Road their desire to keep the trail. d Trai12 Barnar Staff has explored a number of options for maintaining , � Court this connection, but the steep slopes, retaining walls, and dense vegetation do not make another realignment or option � possible. Pedestrian and bike � . Trail Holy Cross traffic from Power Plant Property Road can continue around the Hwy 82 � Train bend in the road a little city Property further and connect to Trail 1 , ¢ 6 via Barnard Court or crossing Cemetery Lane. Staff recognizes that the existing easement is revocable and the trail provides the best vehicular access to the property. The Applicant and Staff explored the possibility of accessing the property from Barnard Court. But steep slopes and potential conflicts with heavy pedestrian and bike traffic on Trail 1 make this a challenging option. Staff supports placing the utilities under Trail 1 in exchange for a rebuilt trail. Parks Department Staff and neighbors contend that this steep trail is dangerous and in need of repair and re-grading to make it safer. Placing utilities under the trail would also 4 alleviate the need for imposing greater impacts on the site's slopes and native vegetation. Planning and Zoning Commission Action The Planning and Zoning Commission voted 4-1 to recommend City Council approve the rezoning and Consolidated PUD. Commissioners generally agreed with Staff that the site is not ideal for the development of a single family residence, but also that existing zoning prohibits any viable use of the land (the Conservation Zone District's permitted and conditional uses are included as Exhibit C). Some members also expressed appreciation for the Applicant's willingness to further restrict FAR for the site as part of the PUD. The Commissioner who voted against the application said he does not believe the application meets several of the zoning and PUD criteria. The Commission recommended two conditions of approval. The conditions are that the Planning and Zoning Commission shall approve detailed landscape and architectural plans for the property prior to an application for building permit. The reasons for the conditions are that the PUD criteria addresses each of these development characteristics for this prominent location near the entrance to town; however, the application contains hypothetical landscape and architectural plans because Holy Cross does not plan to develop the property. The Applicant agreed to the conditions. A few neighbors voiced their opposition to the project, explaining that they bought their properties with the understanding that the site would not be developed because the Conservation Zone District's setback precluded development on the parcel. They also argued that Trail 2 is important because it is regularly used by children going to school. RECOMMENDATION: Staff recommends City Council approve of rezoning the Holy Cross Energy Association parcel to R-30/PUD and creating a site specific PUD plan,with conditions in the draft Ordinance. RECOMMENDED MOTION: "I move to approve Ordinance No.ak, Series of 2000, approving rezoning the Holy Cross Energy parcel to R-30/PUD and creating a site specific PUD." CITY MANAGER COMMENTS: ATTACHMENTS: Exhibit A -- Review Criteria and Staff Findings Exhibit B -- Referral Agency Comments Exhibit C -- Conservation Zone District Exhibit D -- Development Application 5 ORDINANCE NO. (SERIES OF 2000) AN ORDINANCE OF THE ASPEN CITY COUNCIL APPROVING THE HOLY CROSS ENERGY CONSOLIDATED PLANNED UNIT DEVELOPMENT AND REZONING TO R-30,LOW DENSITY RESIDENTIAL,WITH A PUD OVERLAY ZONE DISTRICT, CITY OF ASPEN, PITKIN COUNTY, COLORADO. WHEREAS, the Community Development Department received an application from Holy Cross Energy, represented by Alan Richman of Alan Richman Planning Services, for a Consolidated Planned Unit Development (PUD), and Rezoning to R- 30/PUD, Low-Density Residential, for a rectangular shaped property located above the Aspen City Shop; and, WHEREAS, the Holy Cross Energy property is approximately 32,456 square feet, is located in the Conservation and Public Zone Districts; and, WHEREAS,pursuant to Sections 26.310 of the Land Use Code, the City Council may approve Amendments to the Official Zone District Map, during a duly noticed public hearing after considering comments from the general public, and recommendations from the Planning and Zoning Commission, Community Development Director, and relevant referral agencies; and, WHEREAS, pursuant to Section 26.445, the City Council may approve a Planned Unit Development, during a duly noticed public hearing after considering comments from the general public, and recommendations from the Planning and Zoning Commission, Community Development Director, and relevant referral agencies; and, WHEREAS, the Fire Marshall, Aspen Consolidated Sanitation District, the City Water Department, City Engineering, City Parks Department, and the Community Development Department reviewed the Project and recommended approval with conditions; and, WHEREAS, during a duly noticed public hearing on May 30, 2000, the Planning and Zoning Commission recommended, by a four to one (4-1) vote, to recommend City Council approve of the Holy Cross Energy Rezoning to R-30, Low Density Residential, and Consolidated Planned Unit Development, with conditions contained herein; and, WHEREAS,the Aspen City Council has reviewed and considered the development proposal under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered the recommendations of the Planning and Zoning Commission, the Community Development Director, the applicable referral agencies, and has taken and considered public comment at a public hearing; and, WHEREAS,the City Council finds that the development proposal meets or exceeds all applicable development standards and that the approval of the development proposal, with conditions, is consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS,the City Council finds that this Ordinance furthers and is necessary for the promotion of public health, safety, and welfare. NOW,THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO,THAT: Section 1 Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the Holy Cross Energy Association property, which is a rectangular configuration and located above the Aspen City Shop, shall be rezoned from Conservation and Public to R- 30, Low Density Residential, with a Planned Unit Development Overlay. Section 2 Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the Holy Cross Energy Planned Unit Development is approved subject to the conditions of approval described hereinafter. 1. A PUD Agreement shall be recorded within 180 days of the final approval by City Council and shall include the following: a. The information required to be included in a PUD Agreement, pursuant to Section 26.445.070(C). 2. A Final PUD Plan shall be recorded within 180 days of the final approval granted by City Council and shall include: a. A final plat meeting the requirements of the City Engineer and showing easements, encroachment agreements and licenses with reception numbers for physical improvements and parking spaces within City rights-of-way, and location of utility pedestals. b. An illustrative site plan of the project showing the proposed improvements, landscaping, parking, and the dimensional requirements as approved. c. A drawing representing the project's architectural character. d. A drainage plan, including an erosion control plan, prepared by a Colorado licensed Civil Engineer which maintains sediment and debris on-site during and after construction. If a ground recharge system is required, a soil percolation report will be required to correctly size the facility. A 2-year storm frequency should be used in designing any drainage improvements. 3. Prior to an application for a building permit: a. The PUD Agreement and the Final PUD Plans shall be recorded with the Pitkin County Clerk and Recorder. b. A public utility easement shall be approved by the Parks Department and, if approved, utilities shall be installed and the trail along Highway 82 and under Castle Creek Bridge on the subject property shall be rebuilt in a manner approved by the Parks Department. c. A permanent and non-revocable trail easement shall be granted by Holy Cross Energy Association to the City of Aspen for the trail parallel to and under Highway 82 and Castle Creek Bridge. d. A conservation easement, deed restriction, or other similar mechanism acceptable to the City's Attorney's Office shall be placed on the portion of the property located below Power Plant Road to ensure that this area remains open space and undeveloped in perpetuity. e. The applicant shall grant a permanent easement to the City of Aspen for the maintenance of the retaining walls and support structures below and around Castle Creek Bridge. The easement shall be approximately 15 feet to the sides and above the retaining walls and structures, and continuing to Power Plant Road. The easement shall be approved by the City Engineer. f. The Applicant shall meet the then current growth management requirements for the development of a new single family residence, which may include, but not be limited to, applying for and obtaining a GMQS allotment or exemption, and providing affordable housing mitigation requirements at the then current standards. g. The Planning and Zoning Commission shall approve at a public hearing a detailed landscape plan showing the size, species, quantity, and location of all existing and planned native vegetation on the portion of the parcel located above Power Plant Road. h. The Planning and Zoning Commission shall approve at a public hearing detailed architectural plans for the development of any structure on this site. 4. The building permit application shall include: a. A copy of the final Ordinance and recorded P&Z Resolution. b. The conditions of approval printed on the cover page of the building permit set. c. A completed tap permit for service with the Aspen Consolidated Sanitation District. d. A tree removal permit as required by the City Parks Department and any approval from the Parks Department Director for off-site replacement or mitigation of removed trees. e. A completed curb, gutter, and sidewalk agreement, if necessary. f. A completed agreement to join any future improvement districts formed for the purpose of constructing improvements in adjacent public rights-of-way. g. Copies of the public utility, trail, conservation, and retaining walls and structures maintenance easements. 5. Prior to issuance of a building permit: a. The primary contractor shall submit a letter to the Community Development Director stating that the conditions of approval have been read and understood. b. All tap fees, impacts fees, and building permit fees shall be paid. If an alternative agreement to delay payment of the Water Tap and/or Parks Impact fee is finalized, those fees shall be payable according to the agreement. 6. No excavation or storage of dirt or material shall occur within tree driplines or outside of the approved building envelope and access envelope. 7. All construction vehicles, materials, and debris shall be maintained on-site and not within public rights-of-way unless specifically approved by the Director of the Streets Department. All vehicle parking, including contractors' and their employees', shall abide by the 2 hour residential parking limitation of the area. The applicant shall inform the contractor of this condition. 8. The applicant shall abide by all noise ordinances. Construction activity is limited to the hours between 7 a.m. and 7 p.m. 9. The applicant shall not track mud onto City streets during construction. A washed rock or other style mud rack must be installed during construction. 10. All uses and construction shall comply with the City of Aspen Water System Standards and with Title 25 and applicable portions of Title 8 (Water Conservation and Plumbing Advisory Code) of the Aspen Municipal Code as they pertain to utilities. 11. The Applicant or owner shall mitigate any public impacts that this project causes, including but not limited to utility expenses and sanitary sewer and water lines. 12. The building plans shall demonstrate an adequate fire sprinkler system and alarm system for the entire structure. The Aspen Fire Marshal shall also approve access to the property. 13. A fugitive dust control permit will be required during construction. 14. Slope stabilization, erosion control, and sediment control measures need to be implemented before, during, and after construction. 15. The proposed building shall not be placed on the Pemstock easement traversing through the property to the Aspen City Shop. 16. No other landscape improvements or changes to the parcel, except those approved by the Community Development Director, are approved outside the established building and access envelopes, excluding all necessary trail and retaining wall work. Section 3: All material representations and commitments made by the applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the Planning and Zoning Commission or City Council, are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein,unless amended by an authorized entity. Section 4: This Ordinance shall not effect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 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 portions thereof. INTRODUCED,READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the 12th day of June, 2000. Attest: Kathryn S. Koch, City Clerk Rachel Richards,Mayor FINALLY,adopted,passed and approved this 26th day of June, 2000. Attest: Kathryn S. Koch,City Clerk Rachel Richards,Mayor Approved as to form: John Worcestor,City Attorney EXHIBIT A HOLY CROSS REZONING TO R-30/PUD & CONSOLIDATED PUD REVIEW CRITERIA& STAFF FINDINGS Section 26.310.020, Standards Applicable to Amendments to the Official Zone District Map In reviewing an amendment to the official zone district map, the Planning and Zoning Commission shall consider: A. Whether the proposed amendment is in conflict with any applicable portions of this title. Staff Finding: Staff does not believe rezoning this parcel from Conservation and Public to R-30/PUD would be in conflict with any portions of this title. Rezoning the property would bring it into compliance with the Land Use Code because the 32,456 square foot lot would comply with the minimum lot size for this zone district, which is 30,000 square feet. This parcel is contiguous to land zoned R-30/PUD immediately to the south. B. Whether the proposed amendment is consistent with all elements of the Aspen Area Comprehensive Plan. Staff Finding: Staff believes rezoning the parcel will not conflict with the AACP. The AACP's Growth Philosophy states that the City of Aspen agrees to accept greater density within the Aspen Community Growth Boundary, and the proposed development is located within this area. It is specifically proposed for an undeveloped parcel situated below Castle Creek Bridge, above Power Plant Road, and east of Barnard Court. The AACP also encourages reducing automobile trips. This parcel is within walking and biking distance to town, trails, bus stops, and recreation areas. One of the goals of the AACP is to improve safety for pedestrians and bikes in the Aspen area. The proposal is essentially a trade-off concerning this goal. One trail crossing the property from Power Plant Road to the trail along Highway 82 and under Castle Creek Bridge would be removed because the Applicant would revoke the trail easement to gain access for the parcel. A trail easement granted by Holy Cross Energy Association to Pitkin County in 1974 states that the easement "may be terminated by Grantor, its successors or assigns, for any reason at any time." However, the community gains from the dedication of a permanent easement for the trail that connects Cemetery Lane to the Marolt property running along side Highway 82 and then underneath the bridge (referred to as Trail 1 in the Staff memo). In addition, the Applicant agrees to rebuild the path subject to the Parks Department's approval in exchange for a utility 6 easement from the City of Aspen to place utilities under the path. The trail is in need of repair and contains fairly steep slopes that are not safe for all bicyclists and pedestrians; the rebuilt trail would be made safer for all users. C. Whether the proposed amendment is compatible with surrounding zone districts and land uses, considering existing land use and neighborhood characteristics. Staff Finding: Rezoning the property would permit the development of one single family residence on the site, which is also allowed under current zoning. Zoning in the Cemetery Lane area is either zoned R-6, R-15, R-30/PUD, and Park(for the golf course). Staff believes the proposed rezoning, R-30, is compatible with the character of existing land uses in the area. The property is surrounded by single family and duplex units, Highway 82, a park, bike paths, and the City maintenance shop. The proposed residence would be consistent with these uses. According to the Applicant, the reason for the rezoning and PUD is to establish a building envelope and dimensional requirements to situate the house in a location that minimizes its impact on slopes and native vegetation. The location of the proposed building envelope is currently zoned Conservation, which prescribes setbacks that would make situating a house on the parcel impossible. The following table illustrates current and proposed setbacks, height, and FAR. Although the property is proposed to be rezoned to R-30, the PUD setbacks are the dimensions requested in the application. Zone District Front Side Rear Height Floor Area Ratio Conservation 100 feet 30 feet 30 feet 28 feet 3,750 sq. ft.* R-30, Low Density Residential 25 feet 10 feet 10 feet 25 feet 3,581 sq. ft.* Proposed PUD 16.75 feet 10 feet 15 feet 25 feet 3,200 sq. ft. NOTE: These calculations include the maximum 25% slope reduction requirement. The proposed PUD would establish setbacks less restrictive than the Conservation Zone District, but the height and FAR dimensions are proposed to be more restrictive than currently allowed. Staff believes the proposed dimensions to be suitable for the development of a single family residence on this lot given its slope constraints and odd configuration above Power Plant Road and below Highway 82. D. The effect of the proposed amendment on traffic generation and road safety. Staff Finding: Rezoning the property should only have minimal impacts on traffic generation and road safety. The application states that an average single family residence in Aspen generates five (5) to ten (10) automobile trips per day. The residence would be located within walking distance to downtown, bus stops, and recreation and employment areas. Staff does not believe rezoning the property would adversely impact traffic generation and road safety. 7 E. Whether and the extent to which the proposed amendment would result in demands on public facilities, and whether 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: All appropriate utility agencies and the City Engineer were referenced on this application and reported the ability to serve this project. The Parks Department supports the proposal to locate utilities under the trail in exchange for a rebuilt trail. A condition of approval shall be that the owner(s) mitigate any public impacts that this project causes, including but not limited to utility expenses and sanitary sewer and water lines. School, park, water, sanitation, and other impact fees will be due prior to the issuance of building permits. F. Whether and the extent to which the proposed amendment would result in significant adverse impacts on the natural environment. Staff Finding: Rezoning the property will not itself create adverse impacts on the natural environment because current zoning and proposed zoning both permit the construction of a single family residence. The main difference is that current zoning effectively prevents any development on the property because of the setbacks in the Conservation Zone District. The PUD would restrict height and FAR below what is currently allowed for the site, but adjust the setbacks to create a building envelope on the most developable portion of the site. Steep slopes and natural vegetation are preserved to the greatest extent possible. In addition, the Applicant has removed a City-owned fuel storage tank from the site with permission from the City. G. Whether the proposed amendment is consistent and compatible with the community character in the City of Aspen. Staff Finding: Staff believes rezoning the property is consistent and compatible with the community character in the City of Aspen, particularly because rezoning the parcel will not change its expected land use—single family residential. The PUD review ensures that the dimensions and character of the proposed development are consistent and compatible with the character of Aspen, including surrounding uses, public facilities and utilities, access, architecture and landscaping. Rezoning the parcel to a residential zone district is also consistent with promoting higher densities of development inside the Aspen Community Growth Boundary. H. Whether there have been changed conditions affecting the subject parcel or the surrounding neighborhood which support the proposed amendment. Staff Finding: In 1992,the City rezoned the Aspen City Shop and portion of the Holy Cross parcel from R- 30/PUD to Public/PUD to bring the City Shop into compliance with the Land Use Code. The 8 Applicant had been unaware of this rezoning until recently. The request is to rezone the entire parcel to this zone district. 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: Staff does not believe the proposed rezoning would be in conflict with the public interest and believes it is in harmony with the purpose and intent of the Land Use Code. Again, rezoning the property would not change the expected use of the land, and the City benefits from gaining a permanent easement for a highly used trail/bike path. 26.445.050 Review Standards: Consolidated PUD A development application for Conceptual, Final, Consolidated Conceptual and Final, or Minor PUD shall comply with the following standards and requirements. Due to the limited issues associated with Conceptual Reviews and properties eligible for Minor PUD Review, certain standards shall not be applied as noted. The burden shall rest upon an applicant to show the reasonableness of the development application, and its conformity to the standards and procedures of this Chapter and this title. A. General requirements. 1. The proposed development shall be consistent with the Aspen Area Community Plan. Staff Finding Staff believes the proposed site specific PUD will not conflict with the AACP. The AACP's Growth Philosophy states that the City of Aspen agrees to accept greater density within the Aspen Community Growth Boundary, and the proposed PUD establishes a building envelope and other dimensions for a single family residence within this area. The AACP also encourages reducing automobile trips. A residence on this lot would help reduce automobile trips because of its close proximity to town, trails, bus stops, and recreation and employment areas. 2. The proposed development shall be consistent with the character of existing land uses in the surrounding area. Staff Finding A single family residence in an appropriate building envelope is consistent with the character of existing land uses in the area. The property is surrounded by single family and duplex units, Highway 82, a park, bike paths, and the Aspen City Shop. The proposed residence would be consistent with these uses. 3. The proposed development shall not adversely affect the future development of the surrounding area. 9 Staff Finding Staff does not believe the proposed development would adversely affect future development of the surrounding area. The surrounding area is mostly built out with residences, the Aspen City Shop, a park, or consists of undevelopable areas. A condition of approval is that the applicant place a conservation easement over those portions of the property located across Power Plant Road to the north/northeast to ensure that the steep slopes are not developed. 4. The proposed development has either been granted GMQS allotments, is exempt from GMQS, or GMQS allotments are available to accommodate the proposed development and will be considered prior to, or in combination with, final PUD development plan review. Staff Finding A condition of approval is that prior to the submission of a building permit application, the property owners shall meet the then current growth management requirements for the development of a new single family residence, which may include, but not be limited to, applying for and obtaining a GMQS allotment or exemption, and providing affordable housing mitigation requirements at the then current standards. B. Establishment of Dimensional Requirements: The final PUD development plans shall establish the dimensional requirements for all properties within the PUD as described in General Provisions, Section 26.445.040, above. The dimensional requirements of the underlying zone district shall be used as a guide in determining the appropriate dimensions for the PUD. During review of the proposed dimensional requirements, compatibility with surrounding land uses and existing development patterns shall be emphasized. The proposed dimensional requirements shall comply with the following: 1. The proposed dimensional requirements for the subject property are appropriate and compatible with the following influences on the property: a) The character of, and compatibility with, existing and expected future land uses in the surrounding area. b) Natural or man-made hazards. c) Existing natural characteristics of the property and surrounding area such as steep slopes,waterways, shade, and significant vegetation and landforms. d) Existing and proposed man-made characteristics of the property and the surrounding area such as noise,traffic, transit, pedestrian circulation, parking, and historical resources. Staff Finding Staff believes the proposed dimensional requirements for the property are appropriate and compatible with natural and man-made features on and surrounding the property. The dimensional requirements are stricter than those allowed in the Conservation and R-15 Zone Districts. For example, the allowable floor area ratio for this lot size in the current 10 Conservation Zone District is approximately 5,000 square feet, and over 3,500 square feet in the R-15 Zone District. The proposal is to limit FAR for the property to 3,200 square feet in the PUD. Similarly, the Conservation Zone allows height limits of 28 feet, while the R-15 Zone District and proposed PUD would limit height for this property to 25 feet. The dimensions also restrict development to the only buildable portion of the parcel; steep slopes and dense native vegetation are avoided. The proposed dimensions also protect the existing bike path/trail connecting Cemetery Lane to the Marolt property along Highway 82 and under Castle Creek Bridge (Trail 1). Unfortunately, the section of the bike path/trail that branches off from this trail to Power Plant Road is proposed to be eliminated because it provides the only possible access to the property. Zone District Front Side Rear Height Floor Area Ratio Conservation 100 feet 30 feet 30 feet 28 feet 3,750 sq. ft.* R-30, Low Density Residential 25 feet 10 feet 10 feet 25 feet 3,581 sq. ft.* Proposed PUD 16.75 feet 10 feet 15 feet 25 feet 3,200 sq. ft. NOTE: These calculations include the maximum 25% slope reduction requirement. Overall, Staff believes the proposed dimensions of this PUD to be appropriate and compatible with the surrounding area. 2. The proposed dimensional requirements permit a scale, massing, and quantity of open space and site coverage appropriate and favorable to the character of the proposed PUD and of the surrounding area. Staff Finding Staff believes the Applicant has proposed a building envelope on the most suitable portion of the site, avoiding steep slopes, native vegetation to the greatest extent possible, and a key trail connecting Cemetery Lane to the Marolt property. Proposing more restrictive dimensional requirements such as FAR and height than existing zoning and equal to or more restrictive than the R-30 Zone District should permit a scale, massing, and quantity of open space and site coverage favorable to the surrounding areas. Site coverage is proposed to be less than 10 percent, and the PUD would establish a minimum of 35 percent of open space, which Staff is recommending be made a condition of approval through the granting of a conservation easement. 3. The appropriate number of off-street parking spaces shall be established based on the following considerations: a) The probable number of cars used by those using the proposed development including any non-residential land uses. b) The varying time periods of use,whenever joint use of common parking is proposed. c) The availability of public transit and other transportation facilities, including those for pedestrian access and/or the commitment to utilize automobile disincentive techniques in the proposed development. 11 d) The proximity of the proposed development to the commercial core and general activity centers in the city. Staff Finding The Applicant is proposing to provide two (2) off-street parking spaces in a 2-car garage, which is required by the Land Use Code. Guest parking would be provided in front of the garage and on the driveway. If the future property owner decided to apply for an ADU, the owner would be required to provide an additional parking space for that unit on site. 4. The maximum allowable density within a PUD may be reduced if there exists insufficient infrastructure capabilities. Specifically, the maximum density of a PUD may be reduced if: a) There is not sufficient water pressure, drainage capabilities, or other utilities to service the proposed development. b) There are not adequate roads to ensure fire protection, snow removal, and road maintenance to the proposed development. Staff Finding There are no infrastructure capacity issues that would prohibit the amount of development being considered. Staff does not recommend any reductions in the development being proposed. 5. The maximum allowable density within a PUD may be reduced if there exists natural hazards or critical natural site features. Specifically, the maximum density of a PUD may be reduced if: a) The land is not suitable for the proposed development because of ground instability or the possibility of mud flow, rock falls or avalanche dangers. b) The effects of the proposed development are detrimental to the natural watershed, due to runoff, drainage, soil erosion, and consequent water pollution. c) The proposed development will have a pernicious effect on air quality in the surrounding area and the City. d) The design and location of any proposed structure, road, driveway, or trail in the proposed development is not compatible with the terrain or causes harmful disturbance to critical natural features of the site. Staff Finding The Applicant is proposing to establish a building envelope for the development of one (1) single family residence. There are no known natural hazard or site limitations that prohibit the amount of development—the single residence—being considered. Staff does not recommend any reductions to the proposed development based on this standard. 6. The maximum allowable density within a PUD may be increased if there exists a significant community goal to be achieved through such increase and the development pattern is compatible with its surrounding development 12 patterns and with the site's physical constraints. Specifically, the maximum density of a PUD may be increased if: a) The increase in density serves one or more goals of the community as expressed in the Aspen Area Community Plan (AACP) or a specific area plan to which the property is subject. b) The site's physical capabilities can accommodate additional density and there exists no negative physical characteristics of the site, as identified in subparagraphs 4 and 5, above, those areas can be avoided, or those characteristics mitigated. c) The increase in maximum density results in a development pattern compatible with, and complimentary to, the surrounding existing and expected development pattern, land uses, and characteristics. Staff Finding The applicant is not requesting an increase in density beyond what is allowed within the PUD. In addition, the site's physical capabilities can accommodate the single family residential use. C. Site Design. The purpose of this standard is to ensure the PUD enhances public spaces, is complimentary to the site's natural and man-made features and the adjacent public spaces, and ensures the public's health and safety. The proposed development shall comply with the following: 1. Existing natural or man-made features of the site which are unique, provide visual interest or a specific reference to the past, or contribute to the identity of the town are preserved or enhanced in an appropriate manner. Staff Finding The proposed development complies with most of the man-made features on the site and does not detract from the site's natural features or visual interest. It contributes to the town's identity by preserving the existing trail connection between Cemetery Lane and the Marolt property with a permanent easement. Unfortunately, it also proposes to terminate a revocable trail easement for the portion of the trail that branches off to Power Plant Road. It must be pointed out that this is an easement and not a public space. No historic structures or other unique features exist on the property. Steep slopes and existing native vegetation outside the building envelope will be preserved. 2. Structures have been clustered to appropriately preserve significant open spaces and vistas. Staff Finding Only one structure, a single family residence, is proposed for the parcel. The residence would not block mountain views from neighboring parcels, and would be limited to 3,200 square feet of floor area. Open space on the parcel below Power Plant Road would be preserved. 13 3. Structures are appropriately oriented to public streets, contribute to the urban or rural context where appropriate, and provide visual interest and engagement of vehicular and pedestrian movement. Staff Finding The proposed residence would be oriented toward Power Plant Road, and contribute to the context of the surrounding area by preserving views, trails, and open space. The City's Residential Design Standards will be applied to this property, ensuring that the proposed development provides visual interest and engagement of vehicular and pedestrian movement. A cursory review of the potential residence indicates compliance with the standards and the applicant is not requesting any variances from these standards. Holy Cross plans to gain land use approvals for the property and then sell the parcel. It is for this reason that the applicant is not submitting final architectural drawings for the single family residence. Any other proposed residence for this site will also be reviewed for compliance with the design standards. 4. Buildings and access ways are appropriately arranged to allow emergency and service vehicle access. Staff Finding Access to the property is proposed to be from Power Plant Road a branch of the existing trail is located. The Aspen Fire Marshall has reserved comment on the access until a building permit application has been received by the City. A condition of approval is that the Aspen Fire Marshall shall approve emergency access to the property prior to the issuance of a building permit. A second, related condition of approval is that the building be sprinkled. 5. Adequate pedestrian and handicapped access is provided. Staff Finding Pedestrian and handicapped access will be provided via the driveway from Power Plant Road or the trail from Cemetery Lane. 6. Site drainage is accommodated for the proposed development in a practical and reasonable manner and shall not negatively impact surrounding properties. Staff Finding A condition of approval is that a drainage plan, including an erosion control plan, prepared by a Colorado licensed Civil Engineer which maintains sediment and debris on-site during and after construction, be approved by the City's Engineering Department prior to the issuance of building permits. If a ground recharge system is required, a soil percolation report will be required to correctly size the facility. A 2-year storm frequency should be used in designing any drainage improvements. The City drainage criteria needs to be implemented. 14 The Applicant is proposing to accommodate drainage on site through the use of a swale in the southeastern corner of the property and drywells under the driveway, parking area(in front of the garage), and under the swale. The City Engineer recommends that the dry wells be at least 10 feet deep. 7. For non-residential land uses, spaces between buildings are appropriately designed to accommodate any programmatic functions associated with the use. Staff Finding This application is for a residential land use, so this criteria does not apply. D. Landscape Plan. The purpose of this standard is to ensure compatibility of the proposed landscape with the visual character of the city,with surrounding parcels, and with existing and proposed features of the subject property. The proposed development shall comply with the following: 1. The landscape plan exhibits a well designated treatment of exterior spaces, preserves existing significant vegetation, and provides an ample quantity and variety of ornamental plant species suitable for the Aspen area climate. 2. Significant existing natural and man-made site features,which provide uniqueness and interest in the landscape, are preserved or enhanced in an appropriate manner. 3. The proposed method of protecting existing vegetation and other landscape features is appropriate. Staff Finding A condition of approval is that, prior to the issuance of building permits, the Applicant shall submit a detailed landscape plan to the Community Development Department and Parks Department showing the size, species, quantity, and location of all existing and planned native and non-native vegetation on the portion of the portion of the site located above Power Plant Road. The final landscape plan shall be approved by the Community Development Director after considering a recommendation by the Parks Department. E. Architectural Character. It is the purpose of this standard is to encourage architectural interest,variety, character, and visual identity in the proposed development and within the City while promoting efficient use of resources. Architectural character is based upon the suitability of a building for its purposes, legibility of the building's use, the building's proposed massing, proportion, scale, orientation to public spaces and other buildings, use of materials, and other attributes which may significantly represent the character of the proposed development. There shall be approved 15 as part of the final development plan an architectural character plan,which adequately depicts the character of the proposed development. The proposed architecture of the development shall: 1. Be compatible with or enhance the visual character of the city, appropriately relate to existing and proposed architecture of the property, represent a character suitable for, and indicative of, the intended use, and respect the scale and massing of nearby historical and cultural resources. 2. Incorporate, to the extent practical, natural heating and cooling by taking advantage of the property's solar access, shade, and vegetation and by use of non- or less-intensive mechanical systems. 3. Accommodate the storage and shedding of snow, ice, and water in a safe and appropriate manner that does not require significant maintenance. Staff Finding The Applicant is applying for land use approvals for the property; if approved, the Applicant plans to sell the property. It is expected that a buyer would develop a single family residence on the site. The application contains architectural drawings for one potential residence on site. Staff does not believe it is appropriate or worthwhile to comment on a residence that may or may not be built because the drawings may not be an accurate representation of the proposed single family residence. Instead, staff can only confirm that any residence on this site must conform to the City's Residential Design Standards, building codes for energy standards, etc. F. Lighting. The purpose of this standard is to ensure the exterior of the development will be lighted in an appropriate manner considering both public safety and general aesthetic concerns. The following standards shall be accomplished: 1. All lighting is proposed so as to prevent direct glare or hazardous interference of any kind to adjoining streets or lands. Lighting of site features, structures, and access ways is proposed in an appropriate manner. 2. All exterior lighting shall be in compliance with the Outdoor Lighting Standards unless otherwise approved and noted in the final PUD documents. Up-lighting of site features, buildings, landscape elements, and lighting to call inordinate attention to the property is prohibited for residential development. Staff Finding All new lighting for the proposed residence must be in compliance with the City's lighting code adopted in November 1999 and Uniform Building Code for safety. The new lighting shall be designed to minimize glare onto adjacent properties, Highway 82 and Power Plant Road. 16 G. Common Park, Open Space, or Recreation Area. If the proposed development includes a common park, open space, or recreation area for the mutual benefit of all development in the proposed PUD,the following criteria shall be met: 1. The proposed amount, location, and design of the common park, open space, or recreation area enhances the character of the proposed development, considering existing and proposed structures and natural landscape features of the property, provides visual relief to the property's built form, and is available to the mutual benefit of the various land uses and property users of the PUD. 2. A proportionate, undivided interest in all common park and recreation areas is deeded in perpetuity (not for a number of years) to each lot or dwelling unit owner within the PUD or ownership is proposed in a similar manner. 3. There is proposed an adequate assurance through a legal instrument for the permanent care and maintenance of open spaces, recreation areas, and shared facilities together with a deed restriction against future residential, commercial, or industrial development. Staff Finding No common park or open space is included in this application for this lot. However, open space on the lot below Power Plant Road will be preserved and a trail easement shall be deeded in perpetuity to the City for the Cemetery Lane to Marolt property connection. H. Utilities and Public facilities. The purpose of this standard is to ensure the development does not impose an undue burden on the City's infrastructure capabilities and that the public does not incur an unjustified financial burden. The proposed utilities and public facilities associated with the development shall comply with the following: 1. Adequate public infrastructure facilities exist to accommodate the development. Staff Finding All appropriate utility agencies and the City Engineer were referenced on this application and reported the ability to serve this project. 2. Adverse impacts on public infrastructure by the development will be mitigated by the necessary improvements at the sole cost of the developer. Staff Finding Staff recommends a condition of approval be that the owner(s)mitigate any public impacts that this project causes, including but not limited to utility expenses and sanitary sewer and water lines. Another condition of approval is that the Applicant shall provide an unconditional easement to the City of Aspen for maintenance of the retaining walls and structures below and around Castle Creek Bridge. The easement, which shall be designated 17 on the PUD plans and approved by the City Engineer, shall be from approximately 15 feet above and adjacent to the retaining walls down to Power Plant Road. 3. Oversized utilities, public facilities, or site improvements are provided appropriately and where the developer is reimbursed proportionately for the additional improvement. Staff Finding No oversized utility stubs were requested to be installed with this development. I. Access and Circulation. (Only standards 1&2 apply to Minor PUD applications) The purpose of this standard is to ensure the development is easily accessible, does not unduly burden the surrounding road network, provides adequate pedestrian and recreational trail facilities and minimizes the use of security gates. The proposed access and circulation of the development shall meet the following criteria: 1. Each lot, structure, or other land use within the PUD has adequate access to a public street either directly or through an approved private road, a pedestrian way, or other area dedicated to public or private use. Staff Finding Access to the building envelope is proposed to be from Power Plant Road, a public street, where the current trail/bike path exists. 2. The proposed development,vehicular access points, and parking arrangement do not create traffic congestion on the roads surrounding the proposed development, or such surrounding roads are proposed to be improved to accommodate the development. Staff Finding Staff does not believe the development of a single family residence on this parcel will require improvements to Power Plant Road. Parking will be accommodated on site for residents and visitors. Accessing the property from Power Plant Road should not cause a significant increase in traffic congestion on Power Plant Road, Cemetery Lane, or Highway 82. According to the application, a single family residence in town can be expected to generate between 5 and 10 vehicular trips per day, which is a small number of trips occurring on the surrounding roads,particularly Highway 82. 3. Areas of historic pedestrian or recreational trail use, improvements of, or connections to, the bicycle and pedestrian trail system, and adequate access to significant public lands and the rivers are provided through dedicated public trail easements and are proposed for appropriate improvements and maintenance. 18 Staff Finding Holy Cross plans to revoke a trail easement across the property. This trail does not provide access to significant public lands or a river. Pedestrians and bicyclists may continue to access the trail, Cemetery Lane and Highway 82 along Power Plant Road. It should be noted that the road is not particularly safe for pedestrians or bikes because of the curves and grade of the road. The Applicant has also proposed to deed the trail along Highway 82 and under Castle Creek Bridge to the City in perpetuity, and to rebuild it to make it significantly safer. This is an important connection in the City's trail system; it provides safe pedestrian and bike access to and from Aspen off of Highway 82. 4. The recommendations of the Aspen Area Community Plan and adopted specific plans regarding recreational trails, pedestrian and bicycle paths, and transportation are proposed to be implemented in an appropriate manner. Staff Finding The AACP does not propose additional trails for this parcel. 5. Streets in the PUD which are proposed or recommended to be retained under private ownership provide appropriate dedication to public use to ensure appropriate public and emergency access. Staff Finding This is a site specific PUD that does not include streets. 6. Security gates, guard posts, or other entryway expressions for the PUD, or for lots within the PUD, are minimized to the extent practical. Staff Finding Gates, guard posts, or other entryway expressions are not proposed for the PUD. J. Phasing of Development Plan. (does not apply to Conceptual PUD applications) The purpose of this criteria is to ensure partially completed projects do not create an unnecessary burden on the public or surrounding property owners and impacts of an individual phase are mitigated adequately. If phasing of the development plan is proposed, each phase shall be defined in the adopted final PUD development plan. The phasing plan shall comply with the following: 1. All phases, including the initial phase, shall be designed to function as a complete development and shall not be reliant on subsequent phases. 2. The phasing plan describes physical areas insulating, to the extent practical, occupants of initial phases from the construction of later phases. 19 3. The proposed phasing plan ensures the necessary or proportionate improvements to public facilities, payment of impact fees and fees- in-lieu, construction of any facilities to be used jointly by residents of the PUD, construction of any required affordable housing, and any mitigation measures are realized concurrent or prior to the respective impacts associated with the phase. Staff Finding Although no phased development is proposed, Holy Cross plans to install utilities under the trail along Highway 82 and rebuild the trail prior to selling the property, which is also included as a condition of approval. 20 EXHIBIT B REFERRAL AGENCY COMMENTS MEMORANDUM To: Nick Lelack, Planner From: Ben Ludlow, Project Engineer Reference DRC Caseload Coordinator Date: April 3, 2000 Re: Holy Cross Rezoning and PUD The Development Review Committee has reviewed the Holy Cross Rezoning and PUD application at their March 29, 2000 meeting, and has compiled the following comments: General 1. Sufficiency of Submittal: DRC comments are based on the fact that we believe that the submitted site plan is accurate, that it shows all site features, and that it is feasible. The wording must be carried forward exactly as written unless prior consent is received from the Engineering Department. This is to alleviate problems related to approvals tied to "issuance of building permit." 2. R.O.W. Impacts: If there are any encroachments into the public rights-of-way, the encroachment must either be removed or be subject to current encroachment license requirements. Site Review 1. Site Drainage—Requirement—A drainage report was not submitted with the application. The site development approvals must include the requirement meeting runoff design standards of the Land Use Code at Sec. 26.580.020.A.6.a and a requirement that, prior to the building permit application, a drainage mitigation plan (24"x36" size plan sheet or on the lot grading plan) must meet the requirements of the Engineering Department Interim Design Standards and must be submitted for review and approval by the Engineering Department. The mitigation plan must also address the temporary sediment control and containment plan for the construction phase. If drywells are an acceptable solution for site drainage, a soils report must be provided with a percolation test to verify the feasibility of this type of system. Drywells have depths well below depth of frost (10' minimum) to function in cold weather. The drainage plan must contain a statement specifying the routine maintenance required by property owner(s) to ensure continued and proper performance. Drywells may not be placed within public right of way or utility easements. The foundation 21 drainage system should be separate from storm drainage, must be detained and routed on site, and must be shown on drainage plans prior to application for building permit. The drainage may be conveyed to existing landscaped areas if the drainage report demonstrates that the percolation rate and the detention volume meet the design storm. Information—The City drainage criteria needs to be implemented. This includes but is not limited to erosion control, soil stabilization, and vegetation disturbance. Also, there needs to be an analysis of where the drainage will flow and what adverse affects may arise from potential mud and debris flow. 2. Community Development—Information—The following request was provided by the Planning Department: a. The applicant may needs to look at a landscaping plan that that would provide vegetation between the two remaining bike paths. b. It would be beneficial to allow a trail on the top of the slope between the house and Power Plant Road. c. It may be useful to take vacated Cemetery Lane as the driveway instead of the proposed area. a. Fire Protection District — Information — ALL COMMENTS ARE RESERVED AT THIS TIME 3. Streets Department — Requirement - As of the request of the Streets Department revisions need to be made as follows: a. The applicant shall not track mud onto City streets during construction. A washed rock or other style mud rack must be installed during construction. 4. Parks—Requirement—The following information has been provided by the Parks Department: a. It would be beneficial if a trail easement could be maintained east-northeast of the house along the toe of the slope. b. Easements need to be shown on the plat. c. The parks department needs more information about plans for water for the house. d. There may need to be sagebrush mitigation at the project location. It would also be most beneficial to keep the native vegetation on the slopes. e. The idea of planting Spruce trees may not work in the project location due to the soil characteristics. 5. Engineering—Requirement—The following requirements have been provided by the Engineering Department: a. ROW permits and Encroachment licenses will be required during construction if applicable. 22 b. A Fugitive dust control permit will be required during construction. c. A 15 ft. easement at the toe of slope at Power Plant Rd would need to be granted for the purpose of the retaining wall removal and repair in the future. d. Slope stabilization, erosion control, and sediment control measures need to be implemented before, during and after construction. e. The building access via the planned drive is geometrically challenging from the standpoint of traffic control. Other options need to be looked at for the driveway. f. A geotechnical study is very important to learn the characteristics of the soil in the location to see what, if any, adverse affects may result. 6. Utilities: A utility plan needs to be submitted before any real comments and conclusions can be drawn by the utility companies. - Water: City Water Department-Requirement— The following information was given by the City of Aspen Water Department: a. All uses and construction will comply with the City of Aspen Water System Standards and with Title 25 and applicable portions of Title 8 (Water Conservation and Plumbing Advisory Code) of the Aspen Municipal code as they pertain to utilities. b. The nearest water service would have to come from either Power Plant Road or through Barnard Park. This may also then require an easement through adjacent property owner's property. c. The closest fire hydrant is located at the intersection of Power Plant Rd. and Cemetery Lane, or at the ground elevation of the City Shop. d. There is an old pemstock easement through the property that goes to the City Shop. This easement needs to be shown and the proposed building needs to avoid the easement. - Wastewater: Aspen Consolidated Waste District - Information — As a request of the Consolidated Waste District, revisions need to be made as follows: a. A set of drainage plans needs to be provided to Peg at ACSD so that an estimate of fees can be processed. b. There is a manhole near the southwest corner of the property that is not shown on the improvement survey. This needs to be shown because it may be close to the planned structure. c. The best source of service would be the aforementioned manhole that would require the use of a pump. - Construction: 23 Work in the Public Right of Way - Requirement— Given the continuous problems of unapproved work and development in public rights-of-way adjacent to private property, we advise the applicant as follows: Approvals 1. Engineering: The applicant receives approval from the City Engineering Department (920-5080) for design of improvements, including grading, drainage, transportation/streets, landscaping, and encroachments within public right of way. 2. Parks: The applicant receives approval from the Parks Department (920- 5120) for vegetation species and for public trail disturbance. 3. Streets: The applicant receives approval from the Streets department (920- 5130) for mailboxes, finished pavement, surface materials on streets, and alleyways. 4. Permits: Obtain R.O.W. permits for any work or development, involving street cuts and landscaping from the Engineering Department. DRC Attendees Staff: Mark O'Meara Applicant's Representative: Alan Richmond Ed Van Walraven Ben Ludlow Nick Adeh John Krueger Joyce Ohlson Tom Bracewell Nick Lelack Scott Chism Julie Ann Woods Tom Bracewell 24 EXHIBIT C CONSERVATION ZONE DISTRICT 26.710.220 Conservation (C). A. Purpose. The purpose of the Conservation (C) zone district is to provide areas of low density development to enhance public recreation, conserve natural resources, encourage the production of crops and animals, and to contain urban development. B. Permitted uses. The following uses are permitted as of right in the Conservation (C) zone district: 1. Detached r sidantial dwelling; 2. Park,playfield, playground and golf course; 3. Riding stable; 4. Cemetery; 5. Crop production, orchards, nurseries, flower production and forest land; 6. Pasture and grazing land; 7. Dairy; 8. Fishery; 9. Animal production; 10. Husbandry services (not including commercial feed lots) and other farm and agricultural uses; 11. Railroad right-of-way but not a railroad yard; 12. Home occupations; 13. Accessory buildings and uses; and 14. Accessory dwelling units meeting the provisions of Section 26.520.040. C. Conditional uses. The following uses are permitted as conditional uses in the Conservation (C) district, subject to the standards and procedures established in Chapter 26.425. 1. Guest ranches; 2. Recreational uses including a riding academy, stable, club, country club and golf course; 3. Ski lift and other ski facilities; 4. Sewage disposal area; 5. Water treatment plant and storage reservoir; and 6. Electric substations and gas regulator stations (not including business or administration offices). D. Dimensional requirements. The following dimensional requirements shall apply to all permitted and conditional uses in the Conservation(C) zone district. 1. Minimum lot size (acres): 10. 2. Minimum lot area per dwelling unit(acres): 10. 3. Minimum lot width (feet): 400. 25 4. Minimum front yard setback (feet): 100. 5. Minimum side yard setback(feet): 30. 6. Minimum rear yard setback(feet): 30. 7. Maximum height (feet): 28. 8. Minimum distance between principal and accessory buildings (feet): No requirement. 9. Percent of open space required for building site: No requirement. 10. External Floor Area:(Applies to conforming and nonconforming lots of record): Lot Size Detached Residential Allowable Square Feet Dwellings (Square Feet) 0-3,000 80 square feet of floor area for each 100 square feet in lot area, up to a maximum of 2,400 square feet of floor area. 3,000-9,000 2,4000 square feet of floor area, plus 28 square feet of floor area for each additional 100 square feet in lot area, up to a maximum of 4,080 square feet of floor area 9,000-15,000 4,080 square feet of floor area, plus 7 square feet of floor area for each additional 100 square feet in lot area, up to a maximum of 4,500 square feet of floor area. 15,000-50,000 4,500 square feet of floor area, plus 6 square feet of floor area for each additional 100 square feet in lot area, up to a maximum of 5,000 square feet of floor area. 50,000+ 5,000 square feet of floor area maximum. 26 ORDINANCE NO. _ (SERIES OF 2000) AN ORDINANCE OF THE ASPEN CITY COUNCIL APPROVING THE HOLY CROSS ENERGY CONSOLIDATED PLANNED UNIT DEVELOPMENT AND REZONING TO R-30,LOW DENSITY RESIDENTIAL,WITH A PUD OVERLAY ZONE DISTRICT, CITY OF ASPEN, PITKIN COUNTY, COLORADO. WHEREAS, the Community Development Department received an application from Holy Cross Energy, represented by Alan Richman of Alan Richman Planning Services, for a Consolidated Planned Unit Development (PUD), and Rezoning to R- 30/PUD, Low-Density Residential, for a rectangular shaped property located above the Aspen City Shop; and, WHEREAS, the Holy Cross Energy property is approximately 32,456 square feet, is located in the Conservation and Public Zone Districts; and, WHEREAS, pursuant to Sections 26.310 of the Land Use Code, the City Council may approve Amendments to the Official Zone District Map, during a duly noticed public hearing after considering comments from the general public, and recommendations from the Planning and Zoning Commission, Community Development Director, and relevant referral agencies; and, WHEREAS, pursuant to Section 26.445, the City Council may approve a Planned Unit Development, during a duly noticed public hearing after considering comments from the general public, and recommendations from the Planning and Zoning Commission, Community Development Director, and relevant referral agencies; and, WHEREAS, the Fire Marshall, Aspen Consolidated Sanitation District, the City Water Department, City Engineering, City Parks Department, and the Community Development Department reviewed the Project and recommended approval with conditions; and, WHEREAS, during a duly noticed public hearing on May 30, 2000, the Planning and Zoning Commission recommended, by a four to one (4-1) vote, to recommend City Council approve of the Holy Cross Energy Rezoning to R-30, Low Density Residential, and Consolidated Planned Unit Development, with conditions contained herein; and, WHEREAS,the Aspen City Council has reviewed and considered the development proposal under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered the recommendations of the Planning and Zoning Commission, the Community Development Director, the applicable referral agencies, and has taken and considered public comment at a public hearing; and, WHEREAS,the City Council finds that the development proposal meets or exceeds all applicable development standards and that the approval of the development proposal, with conditions, is consistent with the goals and elements of the Aspen Area Community 1 n Plan; and, SS(25') C c' t �v v` � c. A permanent and non-revocable trail easement shall be granted by Holy Cross Energy Association to the City of Aspen for the trail parallel to and under Highway 82 and Castle Creek Bridge. d. A conservation easement, deed restriction, or other similar mechanism acceptable to the City's Attorney's Office shall be placed on the portion of the property located below Power Plant Road to ensure that this area remains open space and undeveloped in perpetuity. e. The applicant shall grant a permanent easement to the City of Aspen for the maintenance of the retaining walls and support structures below and around Castle Creek Bridge. The easement shall be approximately 15 feet to the sides and above the retaining walls and structures, and continuing to Power Plant Road. The easement shall be approved by the City Engineer. f. The Applicant shall meet the then current growth management requirements for the development of a new single family residence, which may include, but not be limited to, applying for and obtaining a GMQS allotment or exemption, and providing affordable housing mitigation requirements at the then current standards. g. The Planning and Zoning Commission shall approve at a public hearing a detailed landscape plan showing the size, species, quantity, and location of all existing and planned native vegetation on the portion of the parcel located above Power Plant Road. The review criteria for the landscape plan shall be the following (the existing PUD landscape review criteria in the Land Use Code): 1. The landscape plan exhibits a well designated treatment of exterior spaces, preserves existing significant vegetation, and provides an ample quantity and variety of ornamental plant species suitable for the Aspen area climate. 2. Significant existing natural and man-made site features, which provide uniqueness and interest in the landscape, are preserved or enhanced in an appropriate manner. 3. The proposed method of protecting existing vegetation and other landscape features is appropriate. h. The Planning and Zoning Commission shall approve at a public hearing detailed architectural character plans for the development of any structure on this site. It is the purpose of the architectural character plans to demonstrate how the development will encourage architectural interest, variety, character, and visual identity in the proposed development and within the City while promoting efficient use of resources. Architectural character is based upon the suitability of a building for its purposes, legibility of the building's use, the building's proposed massing, proportion, scale, orientation to public spaces and other buildings, use of materials, and other attributes which may significantly represent the character of the proposed development. There shall be approved as part of the final development plan an architectural character plan, which adequately depicts the character of the proposed development. The review criteria for the architecture plans shall be the following (the existing PUD architectural character plans review criteria in the Land Use Code): 1. be compatible with or enhance the visual character of the city, appropriately relate to existing and proposed architecture of the property, represent a character suitable for, and indicative of, the intended use, and respect the scale and massing of nearby historical and cultural resources. 2. incorporate, to the extent practical, natural heating and cooling by taking advantage of the property's solar access, shade, and vegetation and by use of non- or less-intensive mechanical systems. 3. accommodate the storage and shedding of snow, ice, and water in a safe and appropriate manner that does not require significant maintenance. 4. The building permit application shall include: a. A copy of the final Ordinance and recorded P&Z Resolution. b. The conditions of approval printed on the cover page of the building permit set. c. A completed tap permit for service with the Aspen Consolidated Sanitation District. d. A tree removal permit as required by the City Parks Department and any approval from the Parks Department Director for off-site replacement or mitigation of removed trees. e. A completed curb, gutter, and sidewalk agreement, if necessary. f. A completed agreement to join any future improvement districts formed for the purpose of constructing improvements in adjacent public rights-of-way. g. Copies of the public utility, trail, conservation, and retaining walls and structures maintenance easements. 5. Prior to issuance of a building permit: a. The primary contractor shall submit a letter to the Community Development Director stating that the conditions of approval have been read and understood. b. All tap fees, impacts fees, and building permit fees shall be paid. If an alternative agreement to delay payment of the Water Tap and/or Parks Impact fee is finalized, those fees shall be payable according to the agreement. 6. No excavation or storage of dirt or material shall occur within tree driplines or outside of the approved building envelope and access envelope. 7. All construction vehicles, materials, and debris shall be maintained on-site and not within public rights-of-way unless specifically approved by the Director of the Streets Department. All vehicle parking, including contractors' and their employees', shall abide by the 2 hour residential parking limitation of the area. The applicant shall inform the contractor of this condition. 8. The applicant shall abide by all noise ordinances. Construction activity is limited to the hours between 7 a.m. and 7 p.m. 9. The applicant shall not track mud onto City streets during construction. A washed rock or other style mud rack must be installed during construction. 10. All uses and construction shall comply with the City of Aspen Water System Standards and with Title 25 and applicable portions of Title 8 (Water Conservation and Plumbing Advisory Code) of the Aspen Municipal Code as they pertain to utilities. 11. The Applicant or owner shall mitigate any public impacts that this project causes, including but not limited to utility expenses and sanitary sewer and water lines. 12. The building plans shall demonstrate an adequate fire sprinkler system and alarm system for the entire structure. The Aspen Fire Marshal shall also approve access to the property. 13. A fugitive dust control permit will be required during construction. 14. Slope stabilization, erosion control, and sediment control measures need to be implemented before, during, and after construction.0 15 The proposed building shall not be placed on the Pemstock easement traversing through the property to the Aspen City Shop. 16. No other landscape improvements or changes to the parcel, except those approved by the Community Development Director, are approved outside the established building and access envelopes, excluding all necessary trail and retaining wall work. Section 3: All material representations and commitments made by the applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the Planning and Zoning Commission or City Council, are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein,unless amended by an authorized entity. Section 4: This Ordinance shall not effect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 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 portions thereof INTRODUCED,READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the 12th day of June, 2000. Attest: Kathryn S. Koch,City Clerk Rachel Richards,Mayor FINALLY,adopted,passed and approved this 26th day of June, 2000. Attest: Kathryn S. Koch, City Clerk Rachel Richards,Mayor Approved as to form: John Worcestor, City Attorney --�c)b--No � ;" _ ---- Pc,s,-it"_Fax N�ote 7071 .__ _._ ,From Co.'D-1:1. Co. Fe::a r Fax,+ • O: i'i7.ilOvelvynde.r „ l'ef;.2er (X.: Ahn !-:1;'111 n i 6;1 4'0 0 - Re: 1-tly Cross Energy Residential Property(Caste Creek) lntiau.{ �l v■ith 1':;1s memo is the sketch For the proposed location of the services for the above Cat}±i3Oi1i pIci)ecty. At this phase we are resolving where the service can potentially come from. 'file exact tie in location and size of service will be coordinated with the involved'utility companies when th:. lot is actually developed, which at this point is not yet determined. As v.c d cus sec's b fo:•e. the city planner involved has a concern with the pen stock lines possibly bein,g locatal within the property. Per our conversation and the on-site meeting with a reprCScnt1itivc of the Aspen Water Dept., the pen stock lines are not located within the property. Would you pletisc W.ive Nick Lelack, city'planner, a call at 920-5095 to clarify this issue so that any conditioi)s imposed on this project related to the pen stock lines may be removed accordingly. I ytiar ,atcntion to this matter. If you hrt,•e it;riher qii'StiOas please give me a call at 945-8676. P: 'er 91;Cc r Av_ru . 14 LA,e.I7ta T)rivc F-i>t Suite Ti-144 31Gti1 Ftulewcxcd,CO S0112 (970)713-5676-1' K(970)945-2`55 Tc: hhnnc(303)925-0544•Fax(303)925-0647 PH to consider Ordinance No. 21, Series of 2000 This application was submitted by Holy Cross Energy, represented by Alan Richman. Other HC reps are here to discuss the history of the property. The application is to rezone the property and to create a site specific planned unit development. The Applicant plans to gain land se approvals and then sell the property. (`-' � - edt V«k .4, 41,.v C� Last month, the PZ Commission voted 4-1 to recommend City Council (Acrt-- approve the application. 1. Lot Features a. Trails (revocable easements) b. Slopes c. Split Zoning d. 32,000 square feet 2. Application Request a. Rezone to R-30 with a PUD Overlay �' • 1. Conservation Zone District's setbacks are designed for 'a 10-acre lot—the minimum size in the zone district— (d ` a overlap on this .75 acre lot, leaving virtually no use of cd M the property. f 2. Bring the lot into conformance with the LUC. 3. Uses allowed in Conservation Zone District are ..., detached single family residence —also allowed in R- 30. C) Staff suggested this approach rather going to BOA for setback variances so the City could require a permanent, non-revokable easement for the trail, and maintenance of the retaining walls and support structures for Castle Creek Bridge. b. Site Specific PUD 1. The PUD allows the applicant and City to create a building envelope in the best location available through establishing setbacks, etc. 2. The proposed dimensions for the PUD are more restrictive than the Conservation Zone District in terms Ben Ludlow, 03:32 PM 5/18/0(' -500, Holy Moly Property Page 1 of 1 X-Sender: benl @comdev X-Mailer: QUALCOMM Windows Eudora Pro Version 4.2.0.58 Date: Thu, 18 May 2000 15:32:34 -0600 To: nickl @ci.aspen.co.us From: Ben Ludlow <benl @ci.aspen.co.us> Subject: Holy Moly Property Nick, Being the hardworking individual that I am (better stop laughing 'cause I can here it from my desk), I have reviewed the letter form Alan Richman about the Utility plan for the Holy Moly (Cross) Energy with the Nick Adeh. There are a few things that Engineering would like to clarify. First of all, the proposed area for the Utility Easement is subject to approval by the Parks Department and the Engineering Department will support them either way they decide. Secondly, we would like to see in writing a mention of the proposed Unconditional Easement for the Retaining Walls along Power Plant Road. This is not mentioned and needs to be addressed per the agreement that was achieved by the site visit that was made around the beginning of May. Also, we as spokes persons for HPC would like Holy Moly to understand that the rock that is currently located at 34.75682 ft due North and 15.74643 ft due West of the Extreme Northern edge of the existing retaining wall not be disturbed as we have found from old pictures on record that the subject rock was indeed in place during the original townsite survey and is duly noted so. This rock is approximately 4.344565 cm in diameter and kind of looks like a funny shaped football that has been ran over by a car leaving it inflated but with a huge goiter-like obtrusion on the extreme tip. If you have any further questions, please do not hesitate to contact me unless it involves anything about that rock. In this matter you will need to go to HPC for approval. later, ben Printed for Nick Lelack<nickl @ci.aspen.co.us> 5/22/00 ASPEN/PITKLN COMMUNITY DEVELOPMENT DEPARTMENT Agreement for Payment of City of Aspen Development Application Fees CITY OF ASPEN(hereinafter CITY) and \\. C^OSS kA e_k_e3� (hereinafter APPLICANT) AGREE AS :OLLOWS: 1. APPLICANT has submitted to CITY an application for 0 (hereinafter, THE PROJECT). APPLICANT understands and agrees that City of Aspen Ordinance No. 49 (Series of 1998) establishes a fee structure for Land Use appiications and the payment of all processing fees is a condition precedent to a determination of application completeness. 3. APPLICANT and CITY agree that because of the size, nature or scope of the proposed proiect, it is not possible at this time to ascertain the full extent of the costs involved in processing the application. APPLICANT and CITY further agree that it is in the interest of the parties that APPLICANT make payment of an initial deposit and to thereafter permit additional costs to be billed to APPLICANT on a monthly basis. APPLICANT agrees additional costs may accrue following their hearings and/or approvals. APPLICANT agrees he will be benefited by retaining _greater cash liquidity and will make additional payments upon notification by the CITY when they are necessary as costs are incurred. CITY agrees it will be benefited through the greater certainty of recovering its full costs to process APPLICANT'S application. 4. CITY and APPLICANT further agree that it is impracticable for CITY staff 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 consideration, unless current billings are paid in full prior to decision. 5. Therefore, APPLICANT agrees that in consideration of the CITY's waiver of its right to collect full fees prior ` a determination of application completeness, APPLICANT shall pay an initial deposit in the amount of$ -° which is for hours of Community Development 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, including post approval review. Such periodic payments shall be made within 30 days of the billing date. APPLICANT further agrees that failure to pay such accrued costs shall be grounds for suspension of processing, and in no case will building permits be issued until all costs associated with case processing have been paid. CITY OF ASPEN APPLICANT L aLo55 By: By:/ - &1 . 41 ie Ann Woods er . . 6av 4-e v 6e+tcra,Q!/vIc a ek .50 F.Sewwes ommunity Development Director Date: Mailing Address: c© `"\ MEMORANDUM To: Chris Bendon, Planner From: Ben Ludlow, Project Engineer Reference DRC Caseload Coordinator Date: April 7, 2000 Re: Holy Cross Rezoning and PUD The Development Review Committee has reviewed the Holy Cross Rezoning and PUD application at their March 29, 2000 meeting, and has compiled the following comments: General 1. Sufficiency of Submittal: DRC comments are based on the fact that we believe that the submitted site plan is accurate, that it shows all site features, and that it is feasible. The wording must be carried forward exactly as written unless prior consent is received from the Engineering Department. This is to alleviate problems related to approvals tied to "issuance of building permit." 2. R.O.W. Impacts: If there are any encroachments into the public rights-of-way, the encroachment must either be removed or be subject to current encroachment license requirements. Site Review 1. Site Drainage— Requirement—A drainage report was not submitted with the application. The site development approvals must include the requirement meeting runoff design standards of the Land Use Code at Sec. 26.580.020.A.6.a and a requirement that, prior to the building permit application, a drainage mitigation plan (24"x36" size plan sheet or on the lot grading plan) must meet the requirements of the Engineering Department Interim Design Standards and must be submitted for review and approval by the Engineering Department. The mitigation plan must also address the temporary sediment control and containment plan for the construction phase. If drywells are an acceptable solution for site drainage, a soils report must be provided with a percolation test to verify the feasibility of this type of system. Drywells have depths well below depth of frost (10' minimum) to function in cold weather. The drainage plan must contain a statement specifying the routine maintenance required by property owner(s) to ensure continued and proper performance. Drywells may not be placed within public right of way or utility easements. The foundation drainage system should be separate from storm drainage, must be detained and routed on site, and must be shown on drainage plans prior to application for building permit. The drainage may be conveyed to existing landscaped areas if the drainage report demonstrates that the percolation rate and the detention volume meet the design storm. Page 2 of 4 04/07/00 Holy Cross Energy Property Information —The City drainage criteria needs to be implemented. This includes but is not limited to erosion control, soil stabilization, and vegetation disturbance. Also, there needs to be an analysis of where the drainage will flow and what adverse affects may arise from potential mud and debris flow. 2. Community Development— Information —The following request was provided by the Planning Department: a. The applicant may needs to look at a landscaping plan that that would provide vegetation between the two remaining bike paths. b. It would be beneficial to allow a trail on the top of the slope between the house and Power Plant Road. c. It may be useful to take vacated Cemetery Lane as the driveway instead of the proposed area. 3. Fire Protection District— Information —The following information has been provided by the Aspen Fire Protection District: a. Due to the distance of the proposed structure from any fire hydrants, it may be required that the structure be equipped with a full residential sprinkler system. 4. Streets Department— Requirement -As of the request of the Streets Department revisions need to be made as follows: a. The applicant shall not track mud onto City streets during construction. A washed rock or other style mud rack must be installed during construction. 5. Parks — Requirement—The following information has been provided by the Parks Department: a. It would be beneficial if a trail easement could be maintained east-northeast of the house along the toe of the slope. b. Easements need to be shown on the plat. c. The parks department needs more information about plans for water for the house. d. There may need to be sagebrush mitigation at the project location. It would also be most beneficial to keep the native vegetation on the slopes. e. The idea of planting Spruce trees may not work in the project location due to the soil characteristics. 6. Engineering — Requirement—The following requirements have been provided by the Engineering Department: a. ROW permits and Encroachment licenses will be required during construction if applicable. b. A Fugitive dust control permit will be required during construction. Page 3 of 4 04/07/00 Holy Cross Energy Property c. A 15 ft. easement at the toe of slope at Power Plant Rd would need to be granted for the purpose of the retaining wall removal and repair in the future. d. Slope stabilization, erosion control, and sediment control measures need to be implemented before, during and after construction. e. The building access via the planned drive is geometrically challenging from the standpoint of traffic control. Other options need to be looked at for the driveway. f. A geotechnical study is very important to learn the characteristics of the soil in the location to see what, if any, adverse affects may result. 7. Utilities: A utility plan needs to be submitted before any real comments and conclusions can be drawn by the utility companies. - Water: City Water Department - Requirement— The following information was given by the City of Aspen Water Department: a. All uses and construction will comply with the City of Aspen Water System Standards and with Title 25 and applicable portions of Title 8 (Water Conservation and Plumbing Advisory Code) of the Aspen Municipal code as they pertain to utilities. b. The nearest water service would have to come through Bugsy Barnard Park. This may also then require an easement through adjacent property owner's property. c. The closest fire hydrant is located at the intersection of Power Plant Rd. and Cemetery Lane, or at the ground elevation of the City Shop. d. There is an old penstock easement, which may pass through the property, which goes to the City Shop. This easement needs to be shown and the proposed building needs to avoid the easement. - Wastewater: Aspen Consolidated Waste District - Information —As a request of the Consolidated Waste District, revisions need to be made as follows: a. A set of drainage plans needs to be provided to Peg at ACSD so that an estimate of fees can be processed. b. There is a manhole near the southwest corner of the property that is not shown on the improvement survey. This needs to be shown because it may be close to the planned structure. c. The best source of service would be the aforementioned manhole that would require the use of a pump. - Construction: Work in the Public Right of Way - Requirement— Given the continuous problems of unapproved work and development in public rights-of-way adjacent to private property, we advise the applicant as follows: Page 4 of 4 04/07/00 Holy Cross Energy Property Approvals 1. Engineering: The applicant receives approval from the City Engineering Department (920-5080) for design of improvements, including grading, drainage, transportation/streets, landscaping, and encroachments within public right of way. 2. Parks: The applicant receives approval from the Parks Department (920- 5120) for vegetation species and for public trail disturbance. 3. Streets: The applicant receives approval from the Streets department (920-5130) for mailboxes, finished pavement, surface materials on streets, and alleyways. 4. Permits: Obtain R.O.W. permits for any work or development, involving street cuts and landscaping from the Engineering Department. DRC Attendees Staff: Mark O'Meara Applicant's Representative: Alan Richmond Ed Van Walraven Ben Ludlow Nick Adeh John Krueger Joyce Ohison Tom Bracewell Nick Lelack Scott Chism Julie Ann Woods Tom Bracewell 7 cvAmewts awe- 0 pAix )-7 41140 Reek eUt e4i4i, Sew SModieett `J .. Sex 36/3 46ea, eelsvads 1/6/2 P4ute/fax (970) 920-1/25 May 3, 2000 Mr. Nick Lelack, Planner City of Aspen 130 South Galena Street Aspen, Colorado 81611 RE: UTILITY PLAN FOR HOLY CROSS ENERGY PROPERTY Dear Nick, Attached please find a letter prepared by Charlie Berger of High Country Engineering, providing a utility plan for the Holy Cross Energy property located near the Castle Creek Bridge. In preparing this plan, Mr. Berger has made contacts with the applicable utility providers, reviewed pertinent maps, and inspected the property in the field. A title search was also conducted, to see if there are any utility easements crossing surrounding properties that could serve this property. Mr. Berger determined that the necessary utilities are located within property own by City Ber, located just to the west of the subject property. The most logical alignment ed for thesthe e utilities would be to place them under or alongside the existing biking/running trail that runs through the City's property, as shown in the attached sketch. �ioly Cross Energy is hereby requesting that as part of its land use application, the City consider granting a utility easement to Holy Cross Energy in the most appropriate alignment beneath or alongside the trail. In exchange for obtaining this easement, Holy Cross Energy would agree that following the installation of utilities, it would fully reconstruct the section of the trail that it disturbs on the City's property. Moreover, Holy Cross will also agree to rebuild the relatively steeply sloping section of the trail on Holy Cross' property that is parallel to/beneath Highway 82, to create a more gradual grade. You will recall that during our Development Review Committee (DRC) meeting on March 29, a representative of the Parks Department stated that it would be desirable for this section of the trail to be rebuilt, to improve safety in what is now a narrow, steep section used by bikes and pedestrians. Holy Cross would agree to accomplish this improvement at its cost as a condition of receiving this easement, and would work with the Parks Department to build the trail to meet reasonable City standards with respect to materials, width, and grade. Mr. Nick Lelack May 3, 2000 Page Two As you know, Holy Cross Energy does not plan to develop the proposed residence on this property. Instead, its plans are to sell the property to a third party for development. However, as a condition of obtaining this easement, Holy Cross Energy will commit to being the entity that installs the utilities and rebuilds the trail, and it will complete these improvements before a building permit is issued for the residence. Moreover, Holy Cross Energy agrees to complete the improvements at a time during the year when the City determines this construction would minimize impacts on trail users. Since Holy Cross Energy has extensive experience installing utilities, we believe this is a commitment that should have considerable meaning for the City, and is an important assurance that Holy Cross is committed to delivering this trail to the public for their continued use in perpetuity. I believe this provides you all of the information that was requested at the DRC meeting. Please let me know if you require anything else as you review this application. Very truly yours, ALAN RICHMAN PLANNING SERVICES At A4'. V.•"2-0() Alan Richman, AICP r7/G:/ COUNT�9 -NG/NEED/NG April 28, 2000 Alan Richman P.O. Box 3613 Aspen, Colorado 81612 Re: Holy Cross Energy Residential Property HCE File Number 2000019.01 Dear Alan: High Country Engineering, Inc. (HCE) has completed a preliminary investigation of the availability of water, sewer, and shallow utilities for the Holy Cross Energy residential property located at the northwest corner of the Castle Creek Bridge. Based on field investigation and conversations with the respective utility departments, HCE has determined that the most practical and economical location to tie into the existing utilities is at the southwest corner of the property. All of the necessary utilities are located within City of Aspen property to the west of the subject property, running in a north/south direction. A privately owned residential lot separates the city property and subject property. The title company found no recorded utility easements in place that would allow legal access to all of the necessary utilities. We did not find any available utilities within the Power Plant road right-of- way on the east side of the subject property. An agreement with the City of Aspen and the adjacent lot owner for a utility easement would allow for the most practical resolution, allowing for a direct connection to the existing utilities. A second alternative is to reach an agreement with the City of Aspen for the utility easement and run the services to the south of the private lot through Highway 82 right-of-way and apply for a utility permit from the State. We recommend that either the trail or the area to the east of the trail within the City of Aspen property be followed to allow for minimal impact to park land vegetation as well as minimize conflict with other existing utilities. The water department has indicated that the water tap should be placed on the downstream side of the pressure-reducing valve (prv) located within the City of Aspen property. This means a tie- in within the Highway 82 right-of-way is not possible. Therefore, we propose a tie-in on the City of Aspen property and running the service down the proposed easement following the trail 923 Cooper Avenue 14 Inverness Drive East,Ste B-144 Glenwood Springs, CO 81601 Englewood, CO 80112 phone 970 945-8676•fax 970 945-2555 phone 303 925-0544•fax 303 925-0547 Alan Richman Page 2 April 28, 2000 alignment. For sewer, a pump will be required to lift the sewer service to the existing sewer line and can tie in at a location within the Highway 82 right-of-way. Electric and telephone is available at the end of Barnard Park Court and can follow the same alignment as the water service within or next to the trail. Gas service parallels the sewer alignment on its east side and a tie-in should be possible within the Hwy 82 right-of-way. If you have any questions or need additional information, please contact us. Sincerely, HIGH COUNTRY ENGINEERING, INC. Rig Charlie R. Berger, E.I. Project Engineer CRB/blf I IK i• Vaa, i M fl 4 � e 5_,,,, - 4,,T, ,,,,.,„5„, ..,,,, .. ,,,..„ s il/t/ ti ___ ....., 1e sobi l3 �3 ��, .L'0 1 . -� / 3 ' 4 N 8 1.6 S �-- AVMHJIH- / V M•1�1�1_s,41 4,, 4106 Sl I ff S 4.:::)?' f 111 / c�oIli{)g1 • 3rrla 3ibM I :v.1. 1111111!1: Xo�ddy l I /fr O 3 S. N C) � - \1 4 \ ''if cV a- (. . 1 ,,,/ ( /I/ I 6s, %'i .' .' \ 11 ro� � n y , 1 i •\ ', \. \ 1 �._ 1 I -/• •13 •os S9i-S1 • I V3 iV Q31V1f131V3 !, \ , w I i . 0 _------- —7: --- .11:I_-- -. --.- --. -..3 \ f p \lb s Co6L r3J3t1 VL . 1 10, � d.I r s, a f ' Q lo 1J :3SflON of v Y re' O \ < "" 0 ------.. \ ..--7+ W, ...e, 0- \ 0 ... _.---- ch % ce O / 1 't'06L '13 \ '' . 0 /4/5- 83N2103 i0 . .0 ,�,► r HOLY CROSS ENERGY PROPERTY TRAIL'S REFERRAL COMMENTS The Castle Creek Bridge pedestrian underpass and trails are critical connections in Aspen's trail system. We appreciate the applicant working with the City of Aspen to maintain them in a permanent manner. If there were an opportunity,the City of Aspen would like to keep all trails and easements on the property as they provide important trail links. If there is a creative way for the applicant in the design of the lot and building to maintain or relocate the trail link to Power Plant Road,the City of Aspen would prefer this option. The Parks Department would like to be consulted in the design of the trail,retaining wall, and landscape screening for the trail parallel to HWY 82. It is important for the trail to meet the City of Aspen standards in design and construction to make this trail a safe and pleasant trail experience for all users. Landscape screening between the house and trail would be preferable. The Parks Department also,recommends that the current trail easement agreement and the new trail easement agreement be reviewed by the City Attorney for appropriate language and form. A legal description of the trail easement must be part of the trail easement agreement and shown on the final plat C:\home\attach\HOLY CROSS ENERGY PROPERTY.doc J-' \-'-/\ �'�III �I��\■I'IIVI 1 l� �II� �� II , qi\'':,''' ' ' - ‘) ") J \ ,__./(--2, _ „, 40,-, „- Y I\ : \,\( . „ , i \\\\ ".,\,„ i ,,,v,, ire !A j ( /(1:7_, \ , 1 _ , __,_ , 1 _,, 1 , l , _ ___ , , 1 \\ _ , 1 � II' Ailiiaill'''' 72 ,, 11111111 ii\ . ,/,))\ l l'• 1 _ )\lit / A_1,(,- k....-- ,\./._ ,\ ,hp., „,„,,. , s ,,,,,, I h. if \ ‘‘‘‘, 1, ( _ , .,_ , ,11, 1. ,,,„ii 1„,,,,,, _ _, ; ,,,\,1, / ., , ____ \i,A PW J \_( ,,,.,, -,\, , ,, 1, , --_ 4 ' V 1. .f):// \ ' 1 '1 -.\ -'':.:Al).- l' ' ',..!___,.) _.) __. ) i ‘. __, j\d' ,),. V�\�v I `/ i I A!'��I�„, __ __ , -- ,..,_ . 4 140 t It � 1 �2I\� ��.� ��? 1'11 Ili �; `' � - ( I))1 !�l �� '1 F{t,,,`1 1. -��, ,1 I / / f 1) - 1 111 e", ; /(i \_ ____,,/______—',:-..-.• c-— ' _I \''`,1 , I 1 \ A IN,.,,:•maio,,, --wmactut-,l,f-,. _;•._,,:,.:,,,,,-- ---, v.,,,,,liotattitar—intio ,„ :. __ _. ,,,,I3:, ,,:_,, k,.:')„)0119 tifit ' ) ,,, -/ ,. , ' i,:, i , -- , , \ r4 __ v J�� 7 ,,,.�! Iuu,; ���IIIIi af_ i\ , //'4 ,, \ \ ' I \ \ /0 ___Illitol - l l!�sru�iU ' 119�111d/1 r� --- \ , I \ \,,, \\\\k \\ 2 1 _. , , , , 1 )ik I I, yr: __.:_ „_ _ _ \ ,.,, apk, , I ii) t 7,r...di— 7/,, \ \ '' 7 ,, ., / -7,, 1-'i,, „_____ 1� 1 4 , , ,, i„,,,,,,,, 7/,,,, / , - ,�q s\ _ (, "-fir 1 // / 1 \ i 1 _.-—-- — \ i ' )( - _ \\\‘\ - — � r 'lit A \ \ \\ \ \ ) i (,,,f, , r-4111110 ,: ' . r_., ,,..„ / \ IF:- �_- \ \ A 1 \ V '''\''' 1 ,, .• , , r • 0 VGh' C�OUNT.S� dill.W.771/G/NE.SP/NG April 28, 2000 Alan Richman P.O. Box 3613 Aspen, Colorado 81612 Re: Holy Cross Energy Residential Property HCE File Number 2000019.01 Dear Alan: High Country Engineering, Inc. (HCE)has completed a preliminary investigation of the availability of water, sewer, and shallow utilities for the Holy Cross Energy residential property located at the northwest corner of the Castle Creek Bridge. Based on field investigation and conversations with the respective utility departments, HCE has determined that the most practical and economical location to tie into the existing utilities is at the southwest corner of the property. All of the necessary utilities are located within City of Aspen property to the west of the subject property, running in a north/south direction. A privately owned residential lot separates the city property and subject property. The title company found no recorded utility easements in place that would allow legal access to all of the necessary utilities. We did not find any available utilities within the Power Plant road right-of- way on the east side of the subject property. An agreement with the City of Aspen and the adjacent lot owner for a utility easement would allow for the most practical resolution, allowing for a direct connection to the existing utilities. A second alternative is to reach an agreement with the City of Aspen for the utility easement and run the services to the south of the private lot through Highway 82 right-of-way and apply for a utility permit from the State. We recommend that either the trail or the area to the east of the trail within the City of Aspen property be followed to allow for minimal impact to park land vegetation as well as minimize conflict with other existing utilities. The water department has indicated that the water tap should be placed on the downstream side of the pressure-reducing valve (prv) located within the City of Aspen property. This means a tie- in within the Highway 82 right-of-way is not possible. Therefore, we propose a tie-in on the City of Aspen property and running the service down the proposed easement following the trail 923 Cooper Avenue 14 Inverness Drive East,Ste B-144 Glenwood Springs,CO 81601 Englewood, CO 80112 phone 970 945-8676•fax 970 945-2555 phone 303 925-0544•fax 303 925-0547 Alan Richman Page 2 April 28, 2000 alignment. For sewer, a pump will be required to lift the sewer service to the existing sewer line and can tie in at a location within the Highway 82 right-of-way. Electric and telephone is available at the end of Barnard Park Court and can follow the same alignment as the water service within or next to the trail. Gas service parallels the sewer alignment on its east side and a tie-in should be possible within the Hwy 82 right-of-way. If you have any questions or need additional information, please contact us. Sincerely, HIGH COUNTRY ENGINEERING, INC. fil4 Charlie R. Berger, E.I. Project Engineer CRB/blf Aspen Consolidated Sanitation District Sy Kelly * Chairman John Keleher Paul Smith * Treas Frank Loushin Michael Kelly * Secy Bruce Matherly, Mgr April 4, 2000 Nick Lelack Community Development 130 S. Galena Aspen, CO 81611 Re: Holy Cross Energy Property Dear Nick: The property being considered lies within our service area and service would be available by pumping up to the District line that is located in Barnard Park Court. A manhole is located near the proposed southwest corner of the building envelope. A map is attached which shows the location of the public line relative to the proposed building envelope. A utility plan for the parcel should be developed prior to approval of the application since the development approval is being sought to make the parcel most marketable. The location and depth of our line will probably affect future building decisions. As usual, service is contingent upon compliance with the District's rules, regulations, and specifications, which are on file at the District office. System impacts will be evaluated at the time that building is about to occur. All connection fees must be paid prior to the issuance of a building permit. We currently have capacity to serve the project. Please call if you have any questions. Sincerely, Bruce Matherly District Manager 565 N. Mill St.,Aspen, CO 81611 / (970)925-3601 / FAX (970) 925-2537 it.:„ \ • 1 1 . i II 0 , ,,i 4 ,\,.., , ,t : , / p ,;.;\ A-_, t. \ \ 41/ j :lt v i■I ' N \ I — ' , ‘ ,r r H k irftlir'ft �� � WY 82 ` � Stp„,„„,... --- / \ v.....„.....Ar iii, t W. �1 A& 7 a HOLY CROSS ENERGY PROPERTY APPLICATION FOR REZONING AND CONSOLIDATED PUD REVIEW SUBMITTED BY ALAN RICHMAN PLANNING SERVICES BOX 3613 ASPEN, COLORADO 81612 920-1125 MARCH, 2000 TABLE OF CONTENTS PAGE I. INTRODUCTION 1 II. ANALYSIS OF ZONING CONSTRAINTS 3 III. REZONING TO R-30/PUD 6 IV. CONCEPTUAL/FINAL PUD REVIEW 10 V. VESTED RIGHTS 21 EXHIBITS #1. Title Insurance Commitment #2. Letter Authorizing Submission of Application #3. Grant of Trail Easement #4. Minutes of Holy Cross Electric Association - 11/13/74 #5. Pre-Application Conference Summary #6. Environmental Site Assessment Letter from Waste Engineering Inc. #7. List of Owners Within 300' of Subject Property MAPS/DRAWINGS Vicinity Map Improvements Survey Copy of Official City Zone District Map Proposed Site Plan Illustrative Elevations and Perspectives I. INTRODUCTION This is an application to rezone a small parcel of land and to adopt a site specific PUD plan for the development of a single-family residence on the property. The application is being submitted by the Holy Cross Electric Association, the owner of the property (hereinafter, "the Applicant"). A copy of the commitment for title insurance, demonstrating that the Applicant owns the property, is attached hereto as Exhibit #1. Authorization for Alan Richman Planning Services to represent the Applicant for this application is provided by Exhibit #2. The subject property is a vacant parcel that contains approximately 32,456 sq. ft. of land. As shown on the vicinity map, it is located just below State Highway 82, near the Castle Creek Bridge. Access to the property is available from Power Plant Road. The property currently has a split zoning designation, with the portion above Power Plant Road being designated Conservation (C), while the portion below Power Plant Road is designated Public (PUB). An Improvement/Topographic Survey of the property has been prepared, and accompanies this application. It shows that the property is a nearly rectangular-shaped piece of land that is bisected by Power Plant Road. There is a formal easement and right-of-way in effect for Power Plant Road, as documented in the title insurance commitment. The surveyor has calculated that the area within the Power Plant Road right-of-way contains 5,860 sq. ft. of land. The Survey also shows that there are three (3) trails that cross the property. One trail is located right along the highway frontage, and represents the pedestrian/bike path along the side of the Castle Creek Bridge. A second trail emerges from underneath the Castle Creek Bridge, and runs in an east/west direction, connecting areas along Cemetery Lane to the Marolt Property and the Marolt Bridge. The third trail splits off from this second trail, traversing the property down to Power Plant Road. These trails are also subject to an easement, recorded November 27, 1974 in Book 293 at Page 887, as documented in the title insurance commitment. A copy of this easement document is attached as Exhibit #3. The trail easement states that it can be terminated at any time by the property owner. The history of how this came to be is as follows. In 1974, Pitkin County sent a letter to the Holy Cross Electric Association, requesting that the Association grant"a perpetual and nonexclusive trail easement and right-of-way that may be terminated by Grantor, its successors or assigns, for any reason at any time". Attached as Exhibit #4 is a copy of the minutes of the meeting of the Board of the Holy Cross Association at which time this request was unanimously approved. The minutes state that Holy Cross Energy Application for Rezoning and Consolidated PUD Review Page 1 the request was approved because "the land of this Association involved is not at this time needed for any use, and the further fact that the requested easement is on its face revocable at any time". Discussions we have held with persons who were involved in this transaction indicate that the County made this request because residents along Cemetery Lane wanted to create a safe path for their children to get from their homes to the schools without having to cross Highway 82. The officials at that time believed that improvements to the Highway were likely to be built within the next several years, so any trail they provided would be temporary in nature. Therefore, they requested this trail from Holy Cross, which was to be in place for a short period of time. Of course, in reality, the Highway improvements still have not materialized, and the trail has remained in place for the last 25 years. The Association still has no particular need to use the subject property for its operations, and does not expect to need this property at any time in the foreseeable future. Therefore, the Association has determined that it should dispose of this property, so that the proceeds of the sale can be used for the benefit of the 45,000 members of the Association. Representatives of the Association approached the City of Aspen, the Aspen/Pitkin County Housing Authority, and the Pitkin County Open Space Board to determine whether they were interested in purchasing the property for appropriate public purposes. Letters were also sent to private property owners surrounding the property to determine whether they wished to purchase the property. All of these parties decided not to pursue such a purchase. The Applicant is submitting this land use application to ensure that there can be some beneficial economic use made of this property, as a necessary precursor to sale of the property. The Applicant believes this application provides the opportunity for a number of outstanding zoning issues that face this property to be resolved, while at the same time providing a way for the City to obtain permanent use of the trails without having to expend any public funds. A pre-application conference was held with City staff members on November 30, 1999 (see Pre-Application Conference Summary, attached hereto as Exhibit#5) to discuss these issues and opportunities. During that meeting, it was confirmed that the Applicant should request the following land development approvals to accomplish this project: • Rezoning of the property to R-30/PUD, pursuant to Chapter 26.310 of the Code. • Consolidated PUD review, pursuant to Chapter 26.445 of the Land Use Code. Sections III and IV of this application are organized to respond to the standards of the Land Use Code for these review procedures. However, before addressing the standards, Section II of this application provides some additional background analysis to illustrate the difficulties associated with developing this property under its current zoning designation. Holy Cross Energy Application for Rezoning and Consolidated PUD Review Page 2 II. ANALYSIS OF ZONING CONSTRAINTS As noted above, this property contains 32,456 square feet of land. It is bisected by two zoning designations, with the portion of the property above Power Plant Road being designated "Conservation" (C), while the portion below Power Plant Road is designated "Public" (PUB). A single family house is a permitted use in the Conservation zone district, but is not permitted in the Public zone district. Section 26.710.022 of the Aspen Land Use Code provides rules for properties having more than one underlying zone district designation. It states that when the proposed use is not allowed in all of the underlying zone districts, then: • the use can only be developed on land on which it is a permitted use (that is, on the portion of the property designated Conservation); and • the allowable floor area for the use will only be based on the area of the lot in which the use is permitted. The minimum lot size in the Conservation zone district is 10 acres. Since the subject property contains considerably less than 10 acres, it is a nonconforming lot of record. Section 26.312.050 of the Aspen Land Use Code establishes the regulations for nonconforming lots of record. It states that a detached single-family dwelling and customary accessory uses may be developed on such a lot if: • the lot is in separate ownership and is not contiguous to other lots in the same ownership; and • the dwelling is located on the lot to comply with the dimensional requirements (setbacks, height, open space, and floor area) of the underlying zone district, or a variance from those requirements is obtained. Based on the above provisions, the owner of this property would be able to develop this property with a single family dwelling if the dwelling were located on the portion of the property designated Conservation and were located within the applicable property setbacks. The minimum setbacks of the Conservation zone district are as follows: front: 100' side: 30' rear: 30' Holy Cross Energy Application for Rezoning and Consolidated PUD Review Page 3 The Land Use Code defines the front lot line as the lot line closest to, or dividing the lot from, the nearest street. However, this property is bordered by Highway 82 and is bisected by Power Plant Road and therefore, might be considered to have two front yards. Section 26.575.040 C. provides the rules for corner lots that are bordered on two (2) sides by intersecting streets. It provides that in such cases, the owner shall have a choice as to which yard shall be considered the front yard. The yard chosen as the front yard is required to meet the setbacks for a front yard for that zone district, while the other yard that borders a street may be reduced by 1/3 of the required front yard setback for the zone district. Although this is not a property one would typically classify as a corner lot (since the second street bisects rather than borders the property), these rules do seem to apply to the subject situation. If the owner were to choose the lot line along SH 82 as the front yard, then its required setback would be 100', and the setback from Power Plant Road would be 67'. We have plotted the Conservation zone district setbacks onto the property. Assuming the City determines that a 67' setback from Power Plant Road would be required, then there is no area within the property that complies with these setbacks, which would make it impossible for the owner to obtain any beneficial economic use of this property. In order to obtain such a beneficial use, a land use application would need to be submitted for one of the following two alternatives: (a) Apply for a variance from the setback requirements of the Conservation zone district. The variance would be intended to allow a single-family residence to be built on the best suited portion of the property; or (b) Apply to rezone the entire property to R-30/PUD. A single-family residence is a permitted use in this zone. Also, since the minimum lot size in the R-30 zone district is 30,000 square feet, the property would then be a conforming sized lot. If the property were so zoned, its setbacks would be as follows: front: 25' (from Highway 82) front: 16.75' (from Power Plant Road) side: 10' rear: 15' The proposed site plan illustrates these setbacks. It shows that there is an area that complies with these setbacks and is predominantly flat. The rest of the area that complies with the setbacks is a very steep hillside. The site plan identifies the flat area as the proposed building envelope. It has been depicted as a triangular building envelope, within which a residence could be built that steps into the hillside. We believe that the rezoning alternative offers the best solution for both the Applicant and the City for the following reasons: Holy Cross Energy Application for Rezoning and Consolidated PUD Review Page 4 1. By applying this designation, the City can obtain a site specific development plan for the property that ensures development occurs in the appropriate location, and that appropriate dimensional standards are applied that protect the neighbors to this property. 2. The rezoning approach provides the opportunity for the Applicant to offer the City permanent easements to the most valuable and heavily utilized trails that cross this property, without requiring the expenditure of public funds. 3. Rezoning the property provides an opportunity to correct an error in the zoning map that the Applicant has discovered in the course of preparing this application. The nature of that error is described in Section III of this application. The following sections of this application demonstrate how these benefits can be accomplished in a manner that complies with all of the applicable standards of the Aspen Land Use Code. Holy Cross Energy Application for Rezoning and Consolidated PUD Review Page 5 III. REZONING TO R-30/PUD The Applicant proposes an amendment to the Official Zone District Map. The subject property currently has two zoning designations, with the portion above Power Plant Road being designated Conservation (C), while the portion below Power Plant Road is designated Public (PUB). The history of how this property came to have this split zoning designation is quite pertinent to this application. The Applicant has researched the City's records, as found in the City Clerk's office, and has made the following determinations regarding this history. This property was annexed to the City in 1967 as part of the "Northside Annexation". This annexation brought a considerable area of land into the City, including much of the Cemetery Lane area. A City zoning map dated 1968 shows that the entire property was zoned R-30 following its annexation. The next zoning map that is available in the City Clerk's office is dated 1975. This is the map that the City issued following the adoption of its new zoning ordinance and the comprehensive rezoning of properties throughout the City. It shows that the property had been given two zoning designations,with Power Plant Road separating these districts. Below Power Plant Road (on the side on which the City Shops are now located), the property was still zoned R-30. Above Power Plant Road, the property had been rezoned to Conservation. Because the City appears to have implemented this rezoning as part of a Citywide action, there are no records available of how decisions were made for individual properties. However, it does not seem to be coincidental that the Conservation designation for part of the property appears to have been applied immediately after the 1974 Holy Cross action that granted the County a trail easement through the property. The next zoning map that is available is from the early 1990's. It shows that the property still had two zoning designations, with Power Plant Road separating these districts. Above Power Plant Road, the property was still zoned Conservation. However, below Power Plant Road (on the City Shops side), the property had been designated Public. A review of the City's records shows that this rezoning was accomplished pursuant to Ordinance 8 of 1992, which rezoned the City Shops to Public. This most recent zoning action appears to have been done in error, because the map was changed for more than just the City's property. Although the exhibit that accompanied the ordinance appears to have shown the City Shops property only, the zoning map was changed for all of the land that had been designated R-30, including the property owned by Holy Cross. A list of property owners that received notice of the 1992 zoning of this property does not appear to have included the Holy Cross Electric Association, so the Association was not on notice that this action was taking place. These are errors that need to be corrected by re-designating that portion of the property below Power Plant Road as R-30. Holy Cross Energy Application for Rezoning and Consolidated PUD Review Page 6 The Applicant proposes this rezoning, not just to correct this error, but to actually designate the entire property R-30/PUD (Low Density Residential/Planned Unit Development). The standards to evaluate this request are found in Section 26.92.020 of the Aspen Land Use Regulations. The Applicant has the following responses to these standards. A. Whether the proposed amendment is in conflict with any applicable portions of this chapter. Response: The proposed amendment would not be in conflict with any applicable portion of the Aspen Land Use Code. Instead, it would eliminate an existing nonconformity by making this lot conforming as to size. B. Whether the proposed amendment is consistent with all elements of the Aspen Area Comprehensive Plan. Response: The Applicant is not aware of any element of the Aspen Area Comprehensive Plan that addresses this particular property. However, since this rezoning application will provide the opportunity for the Applicant to donate to the City permanent easements for two of the trails that traverse this property, it is consistent with the following policy of the Parks, Open space and Environment section of the Aspen Area Community Plan: "Improve public access to parks and recreation facilities". C. Whether the proposed amendment is compatible with surrounding zone districts and land uses, considering existing land use and neighborhood characteristics. Response: A copy of the Official Zone District Map for properties in the vicinity of this parcel is included in this application booklet. It shows that nearby lands along Cemetery Lane, Castle Creek Drive, and Sneaky Lane are all zoned either R-15 or R-30/PUD. In fact, as discussed above, this property was originally zoned R-30 when these other properties were first designated as R-15 or R-30. The amendment will permit a single-family residence to be built, a land use which will be compatible with the rest of the neighborhood, which contains primarily single-family and duplex residences. It is important to recognize that a single family house could also be built under the existing zoning, since the Conservation zone district lists single-family dwellings as a permitted use. The amendment simply provides the most logical means of defining an appropriate building envelope for the residence. D. The effect of the proposed amendment on traffic generation and road safety. Response: The proposed change in the zone district map should not have any effect on Holy Cross Energy Application for Rezoning and Consolidated PUD Review Page 7 traffic generation and road safety. The proposed zoning will not result in a greater density of development or a different use being developed than is allowed by the current zoning, since a single-family house is an allowed use under the current zoning and is the proposed use for 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 public facilities, including but not limited to transportation facilities, sewage facilities, water supply,parks, drainage, schools, and emergency medical facilities. Response: As noted above, the proposed amendment will not result in a greater density of development or a different use being developed than is allowed by the current zoning. Therefore, the proposed amendment will not cause a net increase in demand for public facilities as compared to current zoning. F. Whether and the extent to which the proposed amendment would result in significantly adverse impacts on the natural environment. Response: As noted above, the proposed amendment will not result in a greater density of development being produced than is allowed by the current zoning, nor will it allow a different use than could occur under current zoning. Therefore, the proposed amendment will not cause adverse impacts on the natural environment as compared to current zoning. It should be pointed out that while this application was being prepared, the Applicant had an existing tank removed from the property that had been in place for many years. This tank had been used to store fuel when the City's Power Plant was located on the adjacent property. The tank actually still belonged to the City, but the Applicant removed the tank, at no expense to the City, with the City's permission. The Applicant had the ground beneath the tank tested to make sure that no contaminants leaked into the soil over the years. The environmental assessment completed for the property found"no evidence of recognized environmental conditions existing at the site" (see letter from Waste Engineering Inc., attached as Exhibit #6), and therefore, no remediation of the property will be required. G. Whether the proposed amendment is consistent and compatible with the community character in the City of Aspen. Response: The proposed amendment will be consistent and compatible with the character of Aspen. As described above, this parcel is currently zoned for the development of a single-family dwelling under existing zoning, and will be zoned for the same use under the Holy Cross Energy Application for Rezoning and Consolidated PUD Review Page 8 proposed zoning. The Applicant proposes a site specific development plan in Section IV of this application that will ensure that the proposed residence is compatible with neighboring uses, can be properly accessed, and is suitably located on this property. H. Whether there have been changed conditions affecting the subject parcel or the surrounding neighborhood which support the proposed amendment. Response: The property was incorrectly zoned in 1992, when the City amended its maps to change the zoning from R-30/PUD to PUB on that portion of the site that is located below Power Plant Road. The Applicant was not aware of this action until just recently, since it appears that the Applicant was not given notice when this zoning action occurred. This proposed amendment seeks to correct that prior action, and to make this parcel a conforming lot of record with a reasonable building envelope. I. Whether the proposed amendment would be in conflict with the public interest, and is in harmony with the purpose and intent of this chapter. Response: As demonstrated herein, the proposed amendment would further the public interest by allowing the City to obtain permanent easements for valuable public trails. It is also in harmony with the purpose and intent of the Aspen Land Use Code, by eliminating an existing nonconformity with respect to lot size. Holy Cross Energy Application for Rezoning and Consolidated PUD Review Page 9 IV. CONCEPTUAL/FINAL PUD REVIEW Development of a single family house in an area designated PUD is normally exempt from PUD review (see Section 26.445.020 of the Land Use Code). Based on direction received at the pre-application conference, the Applicant has voluntarily agreed to subject this property to a consolidated review of the conceptual and final PUD plans, pursuant to Section 26.445.030 B.2. of the Code. This is being done to allow dimensional standards to be applied to this property that ensure it can be developed with a single-family residence in the most sensitive manner, taking into account the legitimate concerns of neighbors. PUD review also provides the opportunity for the City to evaluate the site specific plan for the property, including the site plan, architecture, landscaping, and similar features. The standards for PUD review are found in Section 26.445.040 of the Aspen Land Use Code. The Applicant's response to each of these standards follows below. A. General Requirements. 1. The proposed development shall be consistent with the Aspen Area Community Plan. Response: Please see the response to this criterion in Section III of this application, Rezoning. 2. The proposed development shall be consistent with the character of existing land uses in the surrounding area. Response: This property is surrounded by single-family and duplex uses, all of which have been developed pursuant to their underlying R-15 or R-30 zone district designations. The Applicant proposes to develop a single-family dwelling on the property, a use that is currently permitted by its Conservation zone district designation. 3. The proposed development shall not adversely affect the future development of the surrounding area. Response: This development will have not have a negative affect on the future development of the surrounding area. In fact, we believe it will have a positive impact on the area due to the following features of the project: • The Applicant will dedicate to the City permanent easements for the trail along Highway 82 and for the trail that connects Cemetery Lane to the Marolt property: This will benefit residents of the surrounding area (and the entire Aspen area), who would otherwise lose access to these important trails. • As described further in Section B. of this PUD application, the Applicant will agree to limitations on the dimensions, design, and landscaping of the proposed residence, Holy Cross Energy Application for Rezoning and Consolidated PUD Review Page 10 to ensure it is compatible with its neighbors, does not block their views towards Shadow Mountain. In fact, landscaping for the residence should act as a buffer for those neighbors, reducing noise they experience from Highway 82. The residence has also been located so it will not be excessively visible from Highway 82. • As described above, in preparation for this application, the Applicant has already removed the fuel tank from the property, which eliminated any potential environmental hazards that this very old piece of equipment could have caused. 4. The proposed development has either been granted GMQS allotments, is exempt from GMQS, or GMQS allotments are available to accommodate the proposed development and will be considered prior to, or in combination with, final development plan review. Response: The proposed single-family residence qualifies for an exemption from GMQS, pursuant to Section 26.470.070 B of the Aspen Land Use Code. To obtain this exemption, the Applicant hereby agrees that at the time a building permit application is submitted, the Applicant will either provide an Accessory Dwelling Unit,will pay the applicable affordable housing impact fee, or will deed restrict the unit to resident-occupancy. B. Establishment of Dimensional Requirements: The final PUD development plan shall establish the dimensional requirements for all properties within the PUD, as described in General Provisions, Section 26.445.040, above. The dimensional requirements of the underlying zone district shall be used as a guide in determining the appropriate dimensions for the PUD. During the review of the proposed dimensional requirements, compatibility with surrounding land uses and existing development patterns shall be emphasized. The proposed development requirements shall comply with the following: 1. The proposed dimensional requirements for the subject properly are appropriate and compatible with the following influences on the property: a. The character of and compatibility with, existing and expected future land uses in the surrounding area. b. Natural or man-made hazards. c. Existing natural characteristics of the property and surrounding area, such as steep slopes, waterways, shade, and significant vegetation and landforms. d. Existing and proposed man-made characteristics of the property and the surrounding area, such as noise, traffic, transit, pedestrian circulation, parking and historical resources. Response: The project's proposed dimensional requirements are shown in Table 1, below. Holy Cross Energy Application for Rezoning and Consolidated PUD Review Page 11 No variances from the dimensional requirements of the R-30 zone district are proposed. In fact, the proposed floor area of the house is below that which is allowed in the R-30 zone district, while the proposed floor area and height are below that which would be allowed by the underlying Conservation zone district (which has a 28' height limit). TABLE 1 R-30/PUD ZONE DISTRICT DIMENSIONAL REQUIREMENTS Requirement Code Standard Proposed Conditions Minimum Lot Size 30,000 s.f. 32,456 s.f. Minimum Lot Area Per Dwelling 30,000 sq. ft. 32,456 sq. ft. Unit Minimum Lot Width 100 feet 139 feet Minimum Front Yard 25' (from SH 82) 25' (from SH 82) 16.75' (from Power 16.75' (from Power Plant Road) Plant Road) Minimum Side Yard 10 feet 10 feet Minimum Rear Yard 15 feet 144 feet Maximum Height 25 feet 25 feet Minimum Distance Between 10 feet 10 feet Buildings on the Lot Minimum Percent of Open Space No requirement 35% Maximum External Floor Area 3,581 sq. ft. 3,200 sq. ft. Minimum Number of Off-Street 2 spaces 2 spaces Parking Spaces Note: Maximum allowable floor area has been calculated by first reducing lot area by 5,860 sq. ft., which is the land located within Power Plant Road, for an effective lot size of 26,596 sq. ft. This would permit a floor area of 4,775 sq. ft. for a single-family dwelling. This floor area must then be reduced by 25%, which is the maximum reduction for steep slopes. This results in a maximum allowable floor area of 3,581 sq. ft. for a single-family dwelling on the property. In proposing these dimensional requirements for the property, the Applicant has taken into consideration the above-listed influences. In particular, the Applicant has planned the property to be compatible with neighboring residences. The R-30 zone district would allow Holy Cross Energy Application for Rezoning and Consolidated PUD Review Page 12 3,581 sq. ft. of floor area to be built on the property (the same as if just the zoning error were corrected and the entire property were zoned Conservation). The Applicant agrees to reduce the allowable floor area by 10%, to a maximum floor area of 3,200 sq. ft., as floor area is currently calculated in the Land Use Code. The R-30 zone district has a maximum height limitation of 25'. The Applicant agrees to comply with this height limit. It should be noted that the Conservation zone district has a height limit of 28', so rezoning of the property and agreeing to comply with the height limit of the R-30 zone represents a significant concession by the Applicant with respect to height. The Applicant also agrees that the portion of the property below Power Plant Road which contains 11,585 sq. ft. (35% of the entire property) will remain as open space. Although it would certainly be possible to cantilever improvements off this section of the property, the Applicant recognizes that this would be quite controversial for residents of Sneaky Lane and will place restrictions on the property to ensure that no future owner could propose such development. 2. The proposed dimensional requirements permit a scale, massing, and quantity of open space and site coverage appropriate and favorable to the character of the proposed PUD and of the surrounding areas. Response: The Applicant has proposed a building envelope in the most suitable location on the property for development and has agreed to keep the rest of the property undeveloped. As described above, the floor area of the property has been reduced below the maximum allowable to ensure the scale of the development is favorable to surrounding areas. The site coverage for the property will be less than 10%. This is based on the Applicant's anticipation that a two story house would be built within the building envelope, with each story containing approximately 1,500 sq. ft., plus an added area for the garage. 3. The appropriate number of off-street parking spaces shall be established based on the following considerations: a. The probable number of cars used by those using the proposed development, including any non-residential land uses. b. The varying time periods of use, when joint use of common parking is proposed. c. The availability of public transit and other transportation facilities, including those for pedestrian access and/or the commitment to utilize automobile disincentive techniques in the proposed development. d. The proximity of the proposed development to the commercial core and general activity centers in the City. Holy Cross Energy Application for Rezoning and Consolidated PUD Review Page 13 Response: The Applicant will provide two (2) parking spaces on-site within a garage, to comply with the provisions of the Land Use Code. There has also been room provided within the building envelope for guests to park in front of the garage, in a stacked configuration that the City permits for single-family residences. 4. The maximum density within a PUD may be reduced if there exists insufficient infrastructure capabilities. Specifically, the maximum density of a PUD may be reduced if a. There is not sufficient water pressure, drainage capabilities, or other utilities to service the proposed development. b. There are not adequate roads to ensure fire protection, snow removal, and road maintenance to the proposed development. Response: Infrastructure is available at this in-town location to serve a single-family residence. Water supply and sewage disposal facilities already serve this area. Power Plant Road is an adequate public road that provides access to the property. Reducing the density below one (1) residence would represent a taking of the economically beneficial use of the property, and cannot be justified by the circumstances particular to this property. 5. The maximum allowable density within a PUD may be reduced if there exists natural hazards or critical natural site features. Specifically, the maximum density may be reduced if: a. The land is not suitable for the proposed development because of ground instability or the possibility of mud flow, rock falls, and avalanche dangers. b. The effects of the proposed development are detrimental to the natural watershed due to runoff drainage, soil erosion and consequent water pollution. c. The proposed development will have a pernicious effect on air quality in the surrounding area and the City. d. The design and location of any proposed structure, road, driveway, or trail in the proposed development is not compatible with the terrain or causes disturbance to critical natural features of the site. Response: There are no natural hazards or critical natural site features that should cause the density of the PUD to be reduced. The land proposed for development is not subject to ground instability or the possibility of mud flow, rock falls, and avalanche dangers. The Holy Cross Energy Application for Rezoning and Consolidated PUD Review Page 14 steep portion of the site will be left in its undeveloped state. The development has been designed in a manner that is compatible with the terrain and will preserve the natural features of the site. Drainage from the property will be managed on-site, to avoid impacts on water quality. There should be positive impacts on the watershed from removal of the above-grade tank on the property. Impacts on air quality will be minimal, since the project is well situated to promote residents' use of transit, bicycles, and walking instead of driving automobiles, and since the unit will not contain any wood burning devices. Reducing the density below one (1) residence would represent a taking of the economically beneficial use of the property and is not justified by the circumstances particular to this property. 6. The maximum density within a PUD may be increased if there exists a significant community goal to be achieved through such increase and the development pattern is compatible with surrounding development patterns and with the site's physical constraints. Specifically, the maximum density of a PUD may be increased if a. The increase in density serves one or more goals of the community, as expressed in the Aspen Area Community Plan (AACP) or a specific area plan to which the property is subject. b. The site's physical capabilities can accommodate additional density and there exists no negative physical characteristics of the site, as identified in subparagraphs 4 and 5 above, those areas can be avoided, or those characteristics mitigated. c. The increase in maximum density results in a development pattern compatible with, and complimentary to, the surrounding existing and expected development pattern, land uses, and characteristics. Response: The Applicant does not propose to increase the project's density through the PUD. C. Site Design. The purpose of this standard is to ensure the PUD enhances public spaces, is complimentary to the site's natural and man-made features and the adjacent public spaces, and ensures the public's health and safety. The proposed development shall comply with the following: 1. Existing natural or man-made features of the site which are unique, provide visual Holy Cross Energy Application for Rezoning and Consolidated PUD Review Page 15 interest or a specific reference to the past, or contribute to the identity of the town are preserved or enhanced in an appropriate manner. Response: This vacant in-town site does not contain any unique or historical features that should be preserved. However, the Applicant hereby agrees that no development will be permitted to occur on the steep portion of the property, located below Power Plant Road, which will preserve more than 35% of the property as open space. Development will be confined to the proposed building envelope, which comprises less than 25% of the entire property. The actual footprint of the house will cover significantly less than the entire envelope, and should result in a site coverage of less than 10% of the entire property. 2. Structures have been clustered to appropriately preserve significant open spaces and vistas. Response: Clustering does not apply to the development of one (1) single-family residence. The house will be appropriately sited to preserve the open space below Power Plant Road. 3. Structures are appropriately oriented to public streets, contribute to the urban or rural context where appropriate, and provide visual interest and engagement of vehicular and pedestrian movement. Response: The site plan illustrates that the house will be oriented toward Power Plant Road. The Applicant anticipates that landscaping will be used to buffer views toward the property from Highway 82. As described below, a site specific landscape plan will be submitted to the City for review at the time a building permit application is submitted. 4. Buildings and access ways are appropriately arranged to allow emergency and service vehicle access. 5. Adequate pedestrian and handicapped access is provided. Response: Access is provided from Power Plant Road, a public street. The driveway has been designed to enter the property at a grade of approximately 10%, as it gains approximately 4' in elevation over a distance of 40'. A small turn-around area has been provided in front of the garage, which will also serve as a guest parking area, ensuring that vehicles will not need to park along Power Plant Road. 6. Site drainage is accommodated for the proposed development in a practical and, reasonable manner and shall not negatively impact surrounding properties. Response: The Applicant anticipates that site drainage from the development will be accommodated through the use of a swale in the southeast corner of the property, and drywells beneath the driveway, parking area, and swale. The Applicant agrees to submit a Holy Cross Energy Application for Rezoning and Consolidated PUD Review Page 16 site specific drainage plan at the time of the building permit application, so the Engineering Department can confirm that proposed drainage complies with the applicable City standards. 7. For non-residential land uses, spaces between buildings are appropriately designed to accommodate any programmatic functions associated with the use. Response: This standard does not apply to this proposed development. D. Landscape Plan. The purpose of this standard is to ensure the compatibility of the proposed landscape with the visual character of the City, with surrounding parcels, and with existing and proposed features of the subject property. The development plan shall comply with the following: 1. The landscape plan exhibits a well designed treatment of exterior spaces, preserves existing significant vegetation, and provides an ample quantity and variety of ornamental plant species suitable for the Aspen area climate. 2. Significant existing natural and man-made site features, which provide uniqueness and interest in the landscape, are preserved or enhanced in an appropriate manner. 3. The proposed method of protecting existing vegetation and other landscape features is appropriate. Response: It is premature for the Applicant to prepare a detailed landscaping plan for the property at this time, since Holy Cross Energy will not be the developer of the property but instead expects to sell the property to someone who will build a house on it. The applicant has, however, prepared several illustrations that depict the type of screening we would anticipate the future owner to install to buffer the property from the Highway. The Applicant would accept a condition placed upon the approval of this application which would require the Applicant to submit a landscaping plan for the property at the time the building permit is submitted, and would require the Community Development Department to determine the plan meets these standards before the building permit could be issued. E. Architectural Character. It is the purpose of this standard to encourage architectural interest, variety, character, and visual identity in the proposed development and within the City while promoting efficient use of resources. Architectural character is based upon the suitability of a building for its purposes, legibility of the building's use, the building's proposed massing, proportion, scale, orientation to public spaces and other buildings, use of materials, and other attributes which may significantly represent the character of the proposed development. There shall be approved as part of the final development plan an architectural character plan which adequately depicts the character of the proposed development. The proposed architecture of the development shall: Holy Cross Energy Application for Rezoning and Consolidated PUD Review Page 17 1. Be compatible with or enhance the visual character of the city, appropriately relate to existing and proposed architecture of the property, represent a character suitable for, and indicative of the intended use, and respect the scale and massing of nearby historical and cultural resources. Response: The Applicant has prepared a series of elevations and perspectives to accompany the proposed site plan. The purpose of the elevations and perspectives is not to make a specific commitment as to the architectural style or design of the house that will be built on the property. Rather, these drawings represent the Applicant's effort to depict one possible form in which a house that contains approximately 3,000 sq. ft. of floor area plus a two car garage could be developed on the property. It illustrates that there is more than enough room within the very small building envelope that we have identified to develop a house of this size that would be compatible in character with neighboring structures and that would not limit views from properties above this site toward Aspen Mountain. The Applicant recognizes that before a building permit could be issued for the proposed development, the owner of the property will need to submit detailed plans to the City to demonstrate the compliance of the proposed development with the City's residential design standards. The Applicant would accept a condition placed upon the approval of this application which would allow the Community Development Department staff to review the building plans to also determine that the design complies with this standard before the building permit could be issued. 2. Incorporate, to the extent practical, natural heating and cooling by taking advantage of the property's solar access, shade, and vegetation and by use of non-or-less intensive mechanical systems. Response: As discussed above, this issue should be addressed at the time of residential design review, when a site specific design is provided for the actual house that will be built on the property. 3. Accommodate the storage and shedding of snow, ice, and water in a safe and appropriate manner that does not require significant maintenance. Response: It is premature for the Applicant to address snow storage and shedding for the residence at this time. The Applicant would accept a condition placed upon the approval of this application which would allow the Community Development Department staff to review the building plans to determine that the design complies with this standard before the building permit could be issued. F. Lighting. The purpose of this standard is to ensure the exterior of the development will be lighted in an appropriate manner, considering both public safety and general aesthetic concerns. The following standards shall be accomplished: Holy Cross Energy Application for Rezoning and Consolidated PUD Review Page 18 1. All lighting is proposed so as to prevent direct glare or hazardous interference of any kind to adjoining streets or lands. Lighting of site features, structures, and access ways is proposed in an appropriate manner. 2. All exterior lighting shall be in compliance with the Outdoor Lighting Standards, unless otherwise approved and noted in the final PUD documents. Up-lighting of site features, buildings, landscape elements, and lighting to call inordinate attention to the property is prohibited for residential development. Response: All proposed lighting will comply with the City's new lighting standards. G. Common Park; Open Space, or Recreation Area. If the proposed development includes a common parr open space, or recreation area for the mutual benefit of all development in the proposed PUD, the following criteria shall be met: 1. The proposed amount, location, and design of the common parr open space, or recreation area enhances the character of the proposed development, considering existing and proposed structures and natural landscape features of the property, provides visual relief to the property's built form, and is available to the mutual benefit of the various land uses and property users of the PUD. 2. A proportionate, undivided interest in all common park and recreation areas is deeded in perpetuity (not for a number of years) to each lot or dwelling unit owner within the PUD or ownership is proposed in a similar manner. 3. There is proposed an adequate assurance through a legal instrument for the permanent care and maintenance of open spaces, recreation areas, and shared facilities together with a deed restriction against future residential, commercial, or industrial development. Response: There is not a common park or recreation area proposed as part of this small project. However, as described above, more than 35% of the property will be restricted as open space. H. Utilities and Public Facilities. The purpose of this standard is to ensure the development does not impose an undue burden on the City's infrastructure capabilities and that the public does not incur an unjustified financial burden. The proposed utilities and public facilities associated with the development shall comply with the following: 1. Adequate public infrastructure facilities exist to accommodate the development. 2. Adverse impacts on public infrastructure by the development will be mitigated by the necessary improvements at the sole cost of the developer. Holy Cross Energy Application for Rezoning and Consolidated PUD Review Page 19 3. Oversized utilities,public facilities, or site improvements are provided appropriately where the developer is reimbursed proportionately for the additional improvement. Response: As noted above, adequate facilities are present in the area to accommodate the proposed development. However, any facility extensions or upgrades that are determined to be necessary to serve the project will be provided at the Applicant's expense, so there will be no net cost to the public for providing these facilities. I. Access and Circulation. The purpose of this standard is to ensure the development is easily accessible, does not unduly burden the surrounding road network provides adequate pedestrian and trail facilities, and minimizes the use of security gates. The proposed access and circulation of the development shall meet the following criteria: 1. Each lot, structure, or other land use within the PUD has adequate access to a public street either directly or through an approved private road, a pedestrian way, or other area dedicated to public or private use. Response: Access to the project will be provided from Power Plant Road, a public street. 2. The proposed development, vehicular access points, and parking arrangement do not create traffic congestion on the roads surrounding the proposed development, or such surrounding roads are proposed to be improved to accommodate the development. Response: A single-family residence at this in-town location can be expected to generate between 5 and 10 trips per day, which will have a very minimal effect on the roads surrounding the property. Therefore, there should be no need for any improvements to be made to these roads as a result of this project. 3. Areas of historic pedestrian or recreational trail use, improvements of or connections to, the bicycle and pedestrian trail system, and adequate access to significant public lands and the rivers are provided through dedicated public trail easements and are proposed for appropriate improvements and maintenance. Response: The Applicant will extinguish the revocable trail easement and will replace it with a permanent easement for the trail along Highway 82 and the trail that connects the Marolt property to Cemetery Lane. It appears to be necessary to relocate the latter trail by a few feet, as shown on the site plan. This will require a retaining structure to be built into the embankment below Highway 82. The Applicant will be responsible for relocating and rebuilding the trail. The Applicant agrees to work the City Parks Department when the site plan for the house is being finalized, so the trail can be designed to meet City standards. The trail that connects to Power Plant Road will have to be eliminated, since it is located within the proposed building envelope. However, persons who would use this trail will still Holy Cross Energy Application for Rezoning and Consolidated PUD Review Page 20 be able to get to Cemetery Lane using Power Plant Road, and then can get on the trail that connects Cemetery Lane to the Highway 82 underpass. 4. The recommendations of the Aspen Area Community Plan and adopted specific plans regarding recreational trails, pedestrian and bicycle paths, and transportation are proposed to be implemented in an appropriate manner. Response: No additional trail recommendations from the AACP affect this property. S. Streets in the PUD which are proposed or recommended to be retained under private ownership provide appropriate dedication to public use to ensure appropriate public and emergency access. Response: There are no streets planned within the project. 6. Security gates, guard posts, or other entryway expressions for the PUD, or for lots within the PUD, are minimized to the extent practical. Response: There will be no such gates or other entryway expressions. J. Phasing of Development Plan. The purpose of this criteria is to ensure partially completed projects do not create an unnecessary burden on the public or surrounding property owners and impacts of an individual phase are mitigated adequately. If phasing of the development plan is proposed, each phase shall be defined in the adopted final PUD development plan. The phasing plan shall comply with the following: 1. All phases, including the initial phase, shall be designed to function as a complete development and shall not be reliant on subsequent phases. 2. The phasing plan describes physical areas insulating, to the extent practical, occupants of initial phases from the construction of later phases. 3. The proposed phasing plan ensures the necessary or proportionate improvements to public facilities,payment of impact fees and fees-in-lieu, construction of any facilities to be used jointly by residents of the PUD, construction of any required affordable housing, and any mitigation measures are realized concurrent or prior to the respective impacts associated with the phase. Response: A phased development is not proposed for this project. V. VESTED RIGHTS Pursuant to Section 26.52.080 of the Aspen Municipal Code, the Applicant hereby requests that this development be granted vested rights status. Holy Cross Energy Application for Rezoning and Consolidated PUD Review Page 21 EXHIBITS EXHIBIT #1 FMr COMMITMENT FOR TITLE INSURANCE SCHEDULE A 1 . Effective Date : 06/13/99 at 08 : 30 A.M. Case No. PCT12821C2 2 . Policy or Policies to be issued: (a) ALTA Owner' s Policy-Form 1992 Amount$ TBD Premium$ Proposed Insured: Rate :STANDARD PROFORMA (b) ALTA Loan Policy-Form 1992 Amount$ Premium$ Proposed Insured: Rate : Tax Certificate : $10 . 00 3 . Title to the FEE SIMPLE estate or interest in the land described or referred to in this Commitment is at the effective date hereof vested in: HOLY CROSS ELECTRIC ASSOCIATION, INC. 4 . The land referred to in this Commitment is situated in the County of PITKIN State of COLORADO and is described as follows : See Attached Exhibit "A" PITKIN COUNTY TITLE, INC. Schedule A-PG. 1 601 E . HOPKINS This Commitment is invalid ASPEN, CO. 81611 unless the Insuring 970-925-1766 Provisions and Schedules 970-925-6527 FAX A and B are attached. AUTHORIZED AGENT EXHIBIT A That portion of the NE1/4SW1/4 of Section 12 , Township 10 South, Range 85 West of the 6th P.M. , described as follows : Commencing at Corner No. 1 from which the West quarter corner of said Section 12 bears N 80°12 ' 48" W 1732 . 95 feet, being also a point which bears N 81°9 ' E 428 feet from Corner No. 3 of the Holden Tract; thence S 75°49 ' E 139 . 64 feet to Corner No. 2 ; thence N 04°11 ' E 288 . 38 feet to Corner No. 3 ; thence N 75°49 ' W 89 . 56 feet to Corner No. 4 ; thence S 14°11 ' W 284 . 00 feet to the point of beginning. FNr SCHEDULE B - SECTION 1 REQUIREMENTS The following are the requirements to be complied with: ITEM (a) Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be insured. ITEM (b) Proper instrument (s) creating the estate or interest to be insured must be executed and duly filed for record to-wit : THIS COMMITMENT IS FURNISHED FOR INFORMATIONAL PURPOSES ONLY, IT IS NOT A CONTRACT TO ISSUE TITLE INSURANCE AND SHALL NOT BE CONSTRUED AS SUCH. IN THE EVENT A PROPOSED INSURED IS NAMED THE COMPANY HEREBY RESERVES THE RIGHT TO MAKE ADDITIONAL REQUIREMENTS AND/OR EXCEPTIONS AS DEEMED NECESSARY. THE RECIPIENT OF THIS INFORMATIONAL REPORT HEREBY AGREES THAT THE COMPANY HAS ISSUED THIS REPORT BY THEIR REQUEST AND ALTHOUGH WE BELIEVE ALL INFORMATION CONTAINED HEREIN IS ACCURATE AND CORRECT, THE COMPANY SHALL NOT BE CHARGED WITH ANY FINANCIAL LIABILITY SHOULD THAT PROVE TO BE INCORRECT AND THE COMPANY IS NOT OBLIGATED TO ISSUE ANY POLICIES OF TITLE INSURANCE. FN, SCHEDULE B SECTION 2 EXCEPTIONS The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 1. Rights or claims of parties in possession not shown by the public records. 2 . Easements, or claims of easements, not shown by the public records. 3 . Discrepancies, conflicts in boundary lines, shortage in area, encroachments, any facts which a correct survey and inspection of the premises would disclose and which are not shown by the public records. 4. Any lien, or right to a lien, for services, labor, or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. 6. Taxes due and payable; and any tax, special assessment, charge or lien imposed for water or sewer service or for any other special taxing district. 7 . Right of the proprietor of a vein or lode to extract or remove his ore therefrom, should the same be found to penetrate or intersect the premises hereby granted as reserved in United States Patent recorded December 3 , 1892 in Book 55 at Page 35 . 8 . Terms, conditions, provisions and obligations as set forth in GRANT OF EASEMENT recorded November 27, 1974 in Book 293 at Page 887 . 9 . Easement and right of way for Power Plant road over and across the subject property. 10 . Outstanding interests of the following named person: Henry T. Rogers, Trustee . NOTE : The above requirement is necessary because the above named person acquired title to the subject property in Deed recorded September 8 , 1905 in Book 143 at Page 132 . 11 . Supplement Mortgage and Security Agreement granted to United States of America, and recorded in Book 282 at Page 147, Supplements thereto was recorded in Book 408 at Page 46 and Book 455 at Page 810 . FN ADDITIONAL INFORMATION AND DISCLOSURES The Owner' s Policy to be issued, if any shall contain the following items in addition to the ones set forth above : (1) The Deed of Trust, if any, required under Schedule B-Section 1 . (2) Water rights, claims or title to water. (NOTE : THIS EXCEPTION WILL APPEAR ON THE OWNER' S AND MORTGAGE POLICY TO BE ISSUED HEREUNDER) Pursuant to Insurance Regulation 89-2 ; NOTE : Each title entity shall notify in writing every prospective insured in an owner' s title insurance policy for a single family residence (including a condominim or townhouse unit) (i) of that title entity' s general requirements for the deletion of an exception or exclusion to coverage relating to unfiled mechanics or materialmens liens, except when said coverage or insurance is extended to the insured under the terms of the policy. A satisfactory affidavit and agreement indemnifying the Company against unfiled mechanics ' and/or Materialmen' s Liens executed by the persons indicated in the attached copy of said affidavit must be furnished to the Company. Upon receipt of these items and any others requirements to be specified by the Company upon request, Pre-printed Item Number 4 may be deleted from the Owner' s policy when issued. Please contact the Company for further information. Notwithstanding the foregoing, nothing contained in this Paragraph shall be deemed to impose any requirement upon any title insurer to provide mechanics or materialmens lien coverage . NOTE : If the Company conducts the owners or loan closing under circumstances where it is responsible for the recording or filing of legal documents from said transaction, the Company will be deemed to have provided "Gap Coverage" . Pursuant to Senate Bill 91-14 (CRS 10-11-122) ; (a) The Subject Real Property may be located in a Special Taxing District; (b) A Certificate of Taxes Due listing each taxing jurisdiction may be obtained form the County treasurer of the County Treasurer' s Authorized Agent; (c) Information regarding Special Districts and the boundaries of such districts may be obtained from the Board of County Commissioners, the County Clerk and Recorder, or the County Assessor. NOTE: A tax Certificate will be ordered from the County Treasurer by the Company and the costs thereof charged to the proposed insured unless written instruction to the contrary are received by the company prior to the issuance of the Title Policy anticipated by this Commitment . This commitment is invalid unless Schedule B-Section 2 the Insuring Provisions and Schedules Commitment No. PCT12821C2 A and B are attached. EXHIBIT#2 Ms. Julie Woods Community Development Director City of Aspen 130 South Galena Street Aspen, Colorado 81611 Re: HOLY CROSS ENERGY PROPERTY REZONING AND PUD APPLICATION Dear Ms. Woods: We hereby authorize Alan Richman Planning Services to act as our designated representative with respect to the land use application being submitted to your office for our property, located near the Castle Creek Bridge. Alan Richman is authorized to submit an application to rezone the property and to adopt a PUD for its development with a single-family residence. He is also authorized to represent us in meetings with City of Aspen staff, the Aspen Planning and Zoning Commission, and the Aspen City Council. Should you have any need to contact us during the course of your review of this application, please do so through Alan Richman Planning Services, whose address and telephone number are included in the land development application. Sincerely, HOLY CROSS ENERGY Robert H. Gardner, General Manager - Support Services RHG:sdj gardner\woodslet ,, -y 4., '",y� +• 4:"_;77r t t S cw? '- 4 N - . "�sri. • • ..•; t i, ‘-'.C .,-(;.57! i A'r 4 t' y ., t . ,ti.. y . ' c a,i <• , . _ y-• t ;,•� atCOY:ed AC 4:04 `•.ct: :i; c #� •„ : ",�1 1 1" e r'! xr°w s a °', ) ' 4acaptica No 1157: ,.+ .1 Rand . -- . ..:::v.,7,:,,,:•..,. I• ti, _ EXHIBIT #3 ; ti • u: �` GRANT OF F. . ik THIS GRANT OF EASE.E.*tT, made and entered into this - J " ��� day of 1-j , 1974, b;: and between "•''af Holy Cross Electric Association (hereinafter referred to as "Grantor") and the County of Pitkin, State ofC'o'-crado (herein- .. ; 1d' — _. M < after referred to as "Grante ) , c .• e' W I T N E S S E T H ,"-,:ce.24r . WHEREAS, Grantor is the owner of certain real property '- =•!i 4'. t , 1' located in Section 12, Township 10 South, Range 85 West of the 'r"'" 6th Principal Meridian, Pitkin County, Colorado/ and .r.. r. ,b , , WHEREAS, Grantor is desirous of granting to Grantee *` " !?'.gig`, a certain perpetual and nonexclusive trail easement and right- , 9.,4»1, w r 0 ,." of-sexy over and across said real property; and �r* K _W.''Iv :::."�...xx, Grantee is desirous of accepting said trail -•.. -� >€ .. eas,•,.ment and right--o f-way. y • s x `' N THEREFORE, for and in consideration of the sun of *�- y;" 'ten dollars ($10.00) and other good and valuable considerations, -` ` X Ja^- the receipt and sufficiency of which are hereby acknowledged, ,'" '4.�` '� 4 x•44 �, -..�.,'t Grantor hereby grants and conveys to Grantee, its ,successors and y ^'. ^t_ 1, •k Y. J 'asi5ns, for t benefit of the general public, . ^e following ?,'�'�- E ' r-. '. .dascribed perpetual and nonexclusive trail easement and right- of-gray, to-wilt ter` , '�' •x A perpetual and nonexclusive trail easement ' and right-of-way being 7.5 feet on both sides • of the line described in Exhibit A hereto, ,•,_ which is here:y, incorporated herein, as said "• .; lire passes over and across Grantor's real.- ' • V p_operm,' located in _said Section 12, Tcwns:`iip . 4 � rr .. '7'„r• - - ;" .•.^ ,•'c�M'rr.y y.. `•i a1y ,f• rt y ila.• 7.a •' A.".,,-,18., ';'-4.::"-. � .. ... -j-4.'7''' ..." • • 4h � S", L ? `_ kl. •cam - �.. � ••.`..'•._ ._ —.._.._._ _ ,__�_ . ---_..---- _M-- - -....__ i JY, _ • 10 South, Range 95 West of the 6th,Principal Meridian, Pit in County, Color,ado, anC as said line is indicated as passing over and .'•' across Grantor's said real property on Exhibit 9, attached hereto and incorporated • _ ,_.. h.sre.n, (Entitled 'Right-of-Way Survey for - ,"tom x. -: Pitkir, County', dated October , 1974; . PROVIDED HOWEVER, that said perpetun'. and nonexclusive d. - • trail easement and right-of-way may be terminated by Grantor, t •' its successors or asaigne, for any reason at any time_ �{ IN WITNESS WREREO.Z, Grantor has executed and delivered w P-. •' .. this Grant of Easement to Grantee the day ar. fr Fa -- - -br,,,a •r<:", �r written, HOLY CROSS ELECTRIC ASSOCIATION ri 1 r .--••R _ By 1 cL..vX--•a �/%c✓t c`_ .._ �., I OF CCLOR. CO ) , ''. County of -r4.e�„a.o ) a a. R : ' Subscribed and sworn to before me ttis /•5h day of - _ A; ,,. 1974 by rsa -- 1 ,;,/-1772L . . - ,.:. . s y„ • as 45 .0-e7fr of Holy Cross E_ectric Associa- c Liza.:an and LW �'rn 1”• cE a z cJ e cP-cr�t�/ - t • .110.1�M_ of &oly Croaa Electric Association. �o r t 41-ness of hand and off±,cia1 seal. /9 7• ;,:�v gSLL ° KY Coatis aian axp�,rel: cJ. 20 7 ::. -1.„7,-r•v. , ,.. •• = _ . ____ _-_---- ----"-- -^UC.-∎.:4 --Pu'ol t- - -_:-_.._--'— y n,„ :-�•tro . y.\ i:r ti r„:. • fc ma „,..y‘-.',,',.::.: e'.. r�,-* Y '� 1f•- d r..rT. A�-• � �r I�,.•p,,�i tir' ••;.'Is • •r-.et, S 4.L'$.1..:- ;''':„.•+ 3-A-i,,,.� +, r, •t r """! 'fV csTt 4i''i'�:`rA-,- rr + - t r 1, .�"1 ;;I ' .. t' i The fors9a•� Gant of Eaa-cx of i■ herayy,acceptad ' and apprvd, for the bonafit of-tb.a ansral public, this cyl r • xa. day of 7(41 --.-1/ c1 - > "1974. '',' i} • .. .• • • County of Pitkir. • -. S t.nta of Colorado " — �, A c—.'\ - .�:... ' C�a;rt ; .BO•i s o: County J Co,.,_,iJ-2 e_,.4, County of Pitkc.�n • ` :7",ra--of-Colorado • _ '3- ••� `O' ..Clerk and Reorder - ' ' •.'- .2 • l � . '1 0.. f' BY n D-cout C aril n;f, r y r /.`=•L (, 1'• : ;.STATE OF / ) o • County of ) as. ? S/ubecribed and sworn to before rye this __ day of 4 �. ' ��{�vt.an�i�1 , 1974, by Joseph E. Edvares as Cha± - n• or toe Boa-;. or County Co;zsinsinnera of Pit)cin Cp�,ty, Colorado. C' :,•,, '",,. r my hard and official seal. .,.- . . . Ay Commission expirao: / Z -/)' 1� ""`� 4,-., dG , ,,4,-.. ., 1 ...1.;-- ,cr, • . : A4.&i....1- _:+---c.,./re___-/2„.. . ...,;;-: .:.. :=.::. .,.. .-..;,- ch mac• � ",.v • ,>• ,:r.Qf C -i & ray • ' r-411110401 .. • • - i '—. - • a if", ' i •• i - -- - - -- • -- - _:An -1•-' • - . -1A.,-‘•• ,^S ` IFr ,^ f, —'r'f-" • •X2 ••, S r -t r" Y'-r ` • , ,,14."••:,- t � f '',",n '� 1.. .. , .+ ig ,�, ' , ,v `'�_'-' �- ' - — -- >.. , , }� r ii . , + _ �{ r IT r1 TO GRANT CC" - _—._._..1 .- .. — _.-. -•_-- KA9 '4T TO .IT2CIN COUNTY ' T)s.w,,•-�•-�'r•'N.'__ -~ •` I Baginning at a point being 165.3. b6 ft. 676.25'C from the Weet 1/4 cor. Sec, 12 T105 8854 6 Y.M. a 1954 Sur°:au of Land Management BrAss Cap, c-�, I' thence 665°04' 40'E 69. 10 ft. , y L- - ,ri.- .r rr (t . , i{ thence 3S3•42'10•E 89.61 ft. , 70.E I .�"� lr i�w.,/'i...ri+ds*y,..t x I hence 590'36'50"G 11.66 ft. , LT }' thence N52'05' 30'7; 16.50 ft. , , -1- i tamps N33°19'E 23.76 ft tf ,• `} N1.3'29' 99.72 f t, .,..,4.-.„-c:- K4' -. _ 6V`- a-hence N-48'12' 30'W 33.33 ft. to point 'A" , +t , t2 isce N75'52'50."W 56. 60 ft. , ti '' ' '. thence N65'S2'20"W 18. 75 ft. , w' r , ,` tfserce N07°14'30'W 47.58 ft. , , thitact, on, a cILE`:ro to the loft with a radius of 21. 92 ft. a ra- 'anr•0t> .' '_ dIst lnci) of 56.44 _ft. (chord bears 585°55' 30'w 43.77 ft. ) to r y C, t C II T.1!F •.11 a t ,� the.ricl�tt of way of the Caur:ty Toad. r�,,.� :..--4.- rte., $agirning at point 'A" on previously described 1i e, thence NS3'00'A 19.00 ft. , 1 themcs NO3”4200.00 ft. to the Wacterly edge of pavement in 5^'� 1' -1 ace of the Son-them-1y extension. o`_ County Poad leasing to _.-�} .. Pow co g �g . an shown on plat of- Cantle Creek Subdivision Plat w ♦. " ..�: 1 3cDk 2A, Page 2-t2. Pi tkln County Records, .� -.. „Jr.T jl. - i ^, 1 R+• 1 _ d .., v -y-'''",01}f�'rt-L; I f�Y' ca-N.,9 ..F » a1';:-9,-•t* road to the edicated por..�on o� the - s',;,'•,. •., , — .101-:-1-1n4--. ..3---5.b=- f- '1-:-•11n4- ,'L-ab f ` Plat Book 2A, Page 241. t, ; ": „.7,-....r. V;,r.' , ' '" Y '4f t .,'":.,- .7.,:,•,!.... ' ..y.-`- -1-j,. - i rq,+r L• 1 .w7; '.s' 1. •- .F 4;. .� .i y am- �r ✓1 j te- ,C•,• ,i- '' ��•t y. - •,., . r �.L.. y:,-), f % •• —. ! .,:• ,r - , y, ' rc 3 A• �'.+a .* m- � ` : 4 ""'' ^w4+ fi'� -4' i - _ __ -,-.3„—t} " y O' ` -• _ ,.� , .N0. 5433 °. 6/6, ;z 11 J 1 N COUNTY T I 1._E -M I. -. x, w-" ?_•, 'Rr.{,,�43 A•.• « ,,,. . . 1999 2 P� •t,,,i �! .; –— / . aP• '• ,� ? •-, 01:?••r .,%:• -r A'111"*. ;/ '• 6 ' r r•_ l Q�c'e.0 .At •s r is• • tid4 �, �J-' .{y • • ' °sI. - 19k• _ , ,1 • - k.: w M..• � fir, . Q ! _ -- y�.� v -t9y o` er 4SPBr/ . .. . \ le„ / 4 t i • I \� .c- V 0. . f:(r 4l �p i irlG a•f3 4.S1 $ ' Eil _ ) t ,,,k e Serf l• � ! \ O 'Z . .�-r— : II- � 3 ' w ' .Y I lHod - • Poe -r ..-xe • • e.r , aas.. 42‘10- w ` �`I) • -c. :.&G ,..0. Qnct r'br*' ( +ut.."/,/_.,,, R.,„,, 104 � S s'o L.� � • _ \,-N .0. Clo . Trt---<--- ,p0 2, /SS-46C, ( g.,_.. ...$ ' 4. ,„3,..7.. �,QFAC� c� • o,. v � �44�a f 6, /.qV //l�t7��T TD �CtY �r^1 t. 8. T.�yr ep. d'S'Gj°.t N '` Ja/'___���,$• /vo 64� . :aa . ' ° -7; .�R[ d•12.a7/o.•tPt ` •—�"' .^ - �}�.r/,r 1,/G8 OS30� j:. • -A„sr rr..a 4c-r,4"• .at GG' • — Mi 41 8i2 •• • EXHIBIT B TO GRANT OF _ EAST TO PITKIN COUNTY r • Ai 6NF of WAY •A"rzY • .. P/Tkl/V r • Z.:1 ,5.9c,E-Y- E.va1NFrz.3 Ilrc . ,Q,$ - C0 C O �).. „r...•r/i. :.. .. ,,.`�`\ ,,a� • Pin'• ---•__ �_/. _. ��S/�'�1, � �• .�'����•� ).t•`7•.��••`R�'� . •tea,Atit trie„ • : .• . . •,..„.70;,.14..„...,.-0. • ,. .... . , ,_, ,f,-,t,"....Y?:}k4;; ..:-,0.... 7(,:.;',,-,A;71:,:, >'•i',5'-l''.‘". : ___________-_:---....- ----^-- , .,',:...,..-0341,;-'iv!,'2* t ,--: • •�.G: - - EXHIBIT #4 •leer �.—.to, na"� je�y;s�+trt�M�i+n ...01,�Il�i'ylryt,a� 1 i • • j %•4.r .. •A :N...;•....:ii•:v•l i I ,+ �1 •t�IIYI t • 1 7 . `► 1 4..............11. . La1,, If ;•.i i,',, F,`•�40'0�J!��,ff0�.��j'.� �J' 1 y•t `I la= + '!' , r y i / if. l 1, '. a'."•'T• • 1• r 1 `�1%r tf .1 Jill �� I I I t 111 1 - ;!.:''. ."1.114,[7,1147,!7M4,717•71-n: 1 •'� :I 1. i�l 1 ) ,31• l:f 111 1.1 S; 4 `, 1. tiIil�utr 1 1 •Ri. 1 i f,.1, , ' !l 111 % 1,•t 1 t••"4 l,1 r1'1 1 1 ' N� 1' jj 1�-'��: 1 1} ;`t4 4.43.4.40•A'�t�. .:ii;:'Y''.1.11 iii 4;Itl�r ...l1 t 1•'rii.. i4::� .4. ek.;i; t.3,l+N4',i' i'` }� I.lrI,I'll:i� /I'),,.I , il' `;+�'1•f �: �'ia W�� ..4t4i`1 L1f CT:',f °4 +S'‘. �3 1�•l.rli.jl� ,t•� m it Y41'4 .'�•.� 1. 1 1 ly, 1.� J}I 1 • : y1. 4, N. i Ip4iti 1 i.' :u+• IY .1, 4.;11 w '4s+ t 'IM i.i�91 Y 1 f by' a ;Prey de a 'Special'Meeting of the Board of Directors of ��,, y�,�'�,}iHoly•�CroasBlectric 'Asaoc ;' ;•, ' held ' " ! • ,., :•;1301 Grand GlenwoodtSorin�c was at the office of said Association :,''° .i ' .•1 P ge,`Colorado at 10:30 A,M. tion at November, 1974. on the 13 tl} day of The Secretary called the roll and reported that six of the se i. present, to-wit: Joe K. Corthell, Walter B. Lemon, Jr. seven Directors were `' Fred A. Rule and David Sage. George W. Loesch, Stanley Natal, The Secretary stated that a Notice of the time, place and purpose of the meeting had been mailed to all members of the Board of Directors, and submitted original of said Notice with proof of service thereof attached the directed that said original be attached to the minutes of this meeting. The minutes of the. Regular meeting held October 9, The Yresl�iei,l made that said minutes be approved as read. , were read. A by unanimous vote. Said motion was seconded motion wi., Put and carrit,l A list of accounts payable was presented to the Directors. Upon seconded, put and unanimously carried, such list was approved P the payment duly ,li items thereon was directed, approved and ratified, The President directed that tl ali list of accounts payable be identified by the Secretary as that acted upon at al Sli meeting, p at thl� After discussion relating to the financial position of the Association, 1. motion duly made, seconded, put and unanimously carried, the following resulULiuu wa adopted: and ,.� ..,, y RESOLVED: That pursuant to the policy adopted by resolution of t this board on September 7., 1966, establishing a ten year revolvement of capital credit retirement, and, considering a subsequent resolution adopted by this Board on May 16, 1973 whereby the Association agreed that it will not retire capital credits earlier than allowed by R.E.A. and the supplemental lender under the supplemental mortgage, and having determined that the financial condition of the Association will not be I impaired thereby, capital credits for the year 1964, amounting to $116,206.54, be retired by cash payments to those entitled thereto. By letter, there was requested Nor Pitkin County, a easement and right-of-way". It was noted that such is generally"perpetual situate uat nonexclusive C trail Creek bridge on a steep slope, on land of this Association not presently in use, it generally situate under the Castle was further noted that such requested easement I "terminated by Grantor, its successors or assigns, for any ereason lat any iue. may be discussion, and upon motion duly made, seconded y at any ieme." After ing resolution was adopted: , put and unanimously carried, the .follow- RESOLVED: That, in view of the fact Association involved is not at this time tneededaforoanyhuse, and the further fact that the requested easement is on its face revocable at any time, the Grant of Easement requested by Pitkin County, Colorado, in the form submitted to this meeting, be, and the same is hereby, approved; and the officers of this Association are authorized to execute the saute in duplicate. EXHIBIT #5 CITY OF ASPEN PRE-APPLICATION CONFERENCE SUMMARY PLANNER: Chris Bendon,920.5072 DATE: 11.30.99 PROJECT: Holy Cross parcel Rezoning and Planned Unit Development REPRESENTATIVE: Alan Richman OWNER: Holy Cross. TYPE OF APPLICATION: 2 Step. Planning and Zoning Commission,City Council. DESCRIPTION: Property lies on both sides of Power Plant Road,north of Castle Creek Bridge. Three revocable trail easements cross the parcel and the applicant is proposing to dedicate two of the easements for permanent public use and eliminate the thirdtrail which bisects the most- developable area of the parcel. Applicant is proposing to rezone this parcel to the R-30 Zone District and adopt a PUD for a new single family residence.PUD should describe the architectural massing, building envelope, setbacks,Floor Area of the development. Residential Design Standards should be considered during PUD Review to determine if any variances are necessary.PUD should also consider any accommodation for an ADU. Proposal requires the following approvals: 1. Rezoning to R-30-PUD 2. Planned Unit Development to establish dimensional requirements. Planner recommends combining conceptual and final reviews. 3. Residential Design Standards Review. Planner recommends the applicant review the Residential Design Standards prior to application and determine if any standards should be varied to accommodate development on the site. RDS variances should be considered as part of the PUD. Land Use Code Sections: 26.710 R-30 Zone District 26.445 Planned Unit Development (Ordinance 35.99) 26.470.70 Growth Management Exemptions for single-family development 26.410 Residential Design Standards 26.304 Common Development Review Procedures. 26.520 Accessory Dwelling Unit Program (Ordinance 44.99) Review by: Staff for completeness; Development review committee(DRC)for technical considerations and referral comments; Com. Dev. Director for recommendations; Planning and Zoning Commission for PUD and Rezoning recommendation (PH) City Council for PUD and Rezoning(PH); Vesting is automatic and initiates after final approval. Public Hearing: Yes, for meetings above noted by(PH).Applicant must post property and mail notice at least 10 days prior to hearing, or at least 15 days prior to the public hearing if any federal agency, state, county, municipal government, school, service district or other governmental or quasi- governmental agency owns property within three hundred(300)feet of the property subject to the development application . Applicant will need to provide proof of posting and mailing with a affidavit at the public hearing. Referral Agencies: Engineering, Parks,Fire Marshall, Water,ACSD, Streets, Building Planning Fees: Planning Deposit, Major($z A). —03.0- Referral Agency Fees: Engineering($320) -‘_)3c). Total Deposit: additional hours are billed at a rate of$185/hour). Fee schedule is subject to change. avio To apply, submit the following information: 1. Proof of ownership. 2. Signed fee agreement. 3. Applicant's name, address and telephone number in a letter signed by the applicant which states the name, address and telephone number of the representative authorized to act on behalf of the applicant. 4. Street address and legal description of the parcel on which development is proposed to occur, consisting of a current certificate from a title insurance company, or attorney licensed to practice in the State of Colorado, listing the names of all owners of the property, and all mortgages,judgments, liens, easements, contracts and agreements affecting the parcel, and demonstrating the owner's right to apply for the Development Application. 5. Total deposit for review of the application. 6. 25 Copies of the complete application packet and maps. HPC = 12; PZ= 10; GMC=PZ+5; CC= 7; Referral Agencies= 1/ea.; Planning Staff= 1 7. An 8 1/2" by 11"vicinity map locating the parcel within the City of Aspen. 8. Site improvement survey including topography and vegetation showing the current status, including all easements and vacated rights of way, of the parcel certified by a registered land surveyor, licensed in the state of Colorado. 9. A written description of the proposal and an explanation in written, graphic, or model form of how the proposed development complies with the review standards relevant to the development application. Please include existing conditions as well as proposed. 10. List of adjacent property owners within 300' for public hearing. 11. Copies of prior approvals. 12. Additional application material as required for specific review. (See attached application packet.) Notes: 1. New residence will require an exemption from GMQS. Applicant does not have to specify the manner in which an exemption will be sought but the PUD should allow for an ADU to be provided on-site, unless the physical constraints of the site are prohibitive. 2. Compliance with the Residential Design Standards should be considered and variance requests included in the PUD application. 3. Applicant may want to consider a prohibition of highly reflective roof materials to minimize the effects of glare on passing motorists. Disclaimer: The foregoing summary is advisory in nature only and is not binding on the City. The summary is based on current zoning,which is subject to change in the future,and upon factual representations that may or may not be accurate. The summary does not create a legal or vested right. Waste Engineering, Inc. EXHIBIT #6 2430 Alcott Street Denver, Colorado 80211 (303) 433-2788 (FAX) 303-480-1020 December 29, 1999 Mr. Ted Jessup Holy Cross Energy P.O. Box 2150 . Glenwood Springs, CO 81602 Re: Environmental Site Assessment—Holy Cross Property—Aspen Lot,Aspen, Colorado Dear Mr. Jessup: This letter presents the results of the Environmental Site Assessment (ESA) conducted at the referenced site (Site). The report has been prepared in general accordance with the American Society of Testing Materials(ASTM) Standard E1527-97. Based upon the foregoing assessment and data obtained, this ESA has provided no evidence of recognized environmental conditions existing at the Site. An approximate 1000-gallon aboveground storage tank (AST) was removed from the Site after completion of the field reconnaissance portion of this ESA. Information on the AST removal is being provided under a separate cover letter. We appreciate the opportunity to perform these services. Please contact me if you have questions regarding this information. IIII Very truly yours, WASTE ENGINEERING, INC. iii /�/ By: i-r ' % By: /��i`�,�,� Robin L. VerSchneider David M.J le,P.E. II Environmental Scientist i 1 Enc. liC:\992194\0001a\L-Jessup.RVS.DOC II 12 Hazardous Waste • Hydrocarbon Contamination • Water Quality Control • Waste Treatment Design I EXHIBIT #7 LIST OF OWNERS WITHIN 300' OF SUBJECT PROPERTY CITY OF ASPEN WERNER SARAH R RESIDENCE TRUST CAMP ROBERT C 130 S GALENA ST P 0 BOX 503 CURLEE CYNTHIA A AS TENANTS IN ASPEN CO 81611 BELLEVUE WA 98009-3884 COMMON PO BOX 692 ASPEN CO 81612 MASS ANN MD MOSLE PAULA M LOUD H MONTGOMERY& PAULA 400 W MAIN STE 200 6125 WESTWICK PO BOX 11660 ASPEN CO 81611 DALLAS TX 75205 ASPEN CO 81612 FERNANDEZ ERIN L KEILIN KIM MILLER 315 E HYMAN AVE STE 305 PO BOX 10064 ASPEN CO 81611 ASPEN CO 81612 MADSEN GEORGE W JR BEN HAMOO SHLOMO& PATRICE CRYSTAL PALACE CORPORATION MADSEN CORNELIA G CONYERS PO BOX 32 931 W FRANCIS ST PO BOX 2902 ASPEN CO 81612 ASPEN CO 81611 ASPEN CO 81612 GREGORY KIRK STUART DONA ALDERFER JOHNNIE MAE GREGORY PETRA PO BOX 11733 PO BOX 10880 PO BOX 10055 ASPEN CO 81612 ASPEN CO 81612 ASPEN CO 81612 MAPS/DRAWINGS Lo 1 U L., m P �/ oa/?ng :74 . 4,. *4.-wiik-11 44.- . 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