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HomeMy WebLinkAboutcoa.lu.rz.Ute City Place.1981-84 `g ,✓r� j im 3 S g { i {§ � r �e or a is T ITY LA E ''­ ,F r �x y 5 { g a� w £Y N i I ,,lltt 4 n e x r d s ( x: i< a r r ' 4 N f < e UTE CITY PLACE LOTS C , D , E , F , & G BLOCK 118 CITY OF ASPEN A CONCEPTUAL SUBDIVISION APPLICATION , REQUEST FOR RBO REZONING AND EXEMPTION FROM GMP FOR A 100% EMPLOYEE HOUSING PROJECT AND SPECIAL REVIEW CONSIDERATION OF A REDUCTION IN OPEN SPACE Applicants: Architect: Application Prepared By: June 22, 1984 Commerce Realty Corporation 111 Soledad, Suite 1350 San Antonio, Texas 78205 (512 ) 2 71-3062 Mr. Alan R. Novak Tregaron Corporation 1731 Connecticut Avenue, N.W. Suite #300 Washington, D. C. 20009 (20 2 ) 462-0811 Mr. Robert Callaway Robert Callaway Corporation 4040 Broadway, Suite #501 San Antonio, Texas 78209 (512 ) 822-0200 Jack M. Walls Architects P. O. Box 29 Aspen, Colorado 81612 (3 03 ) 925-3218 John Doremu s Joseph Wells Doremus & Company 608 E . Hyman Avenue Aspen, Colorado 81611 (303 ) 925-6866 INTRODUCTION TO THE OVERALL DEVELOPMENT PROPOSAL This Conceptual Subdivision Submission and Request for Applica- tion of a Residential Bonus Overlay District is submitted for Lots C, D, E, F and G in Block 118, City of Aspen. The development will provide twenty-two employee housing rental or sale units as part of the Aspen Mountain PUD ' s employee housing requirement, with 100% of the building devoted to employee housing. The property is particularly well-suited for employee housing development because of its proximity to the Lodge site and the Commercial Core, and is adequately serviced by existing city utilities and services . Vehicular travel impacts will be kept to a minimum as a result of the prime location of this site. By virtue of its prior approval of the project, the City has already recognized that the proposal is a highly suitable solu- tion to a portion of the City' s employee housing needs . SUMMARY OF PRIOR CITY ACTIONS REGARDING UTE CITY PLACE In 1981 , C . M. Clark and Alexander Kaspar received a residential GMP allocation for a proposal to construct 8 free market units and 14 employee units on the Cooper Street site. Subsequent to the granting of the allocation, the City granted conceptual and preliminary subdivision plat approval, preliminary exemption from GMP competition for the employee units and first reading approval of an ordinance to rezone its proposed location from R/MF to R/MF/RBO. Later in 1981 , the City imposed a moratorium on projects in the R/MF zone district while considering zoning code amendments for the district. In September 1981, however, the City granted Ute City Place an exemption from the moratorium and allowed the pro- ject as originally proposed to proceed with final development reviews . Final approvals, including approval of the Residential Bonus Overlay, were granted by the City on September 28, 1981 . Following final approvals, the previous applicants prepared and submitted for building permit review, plans and specifications for the proposal. Because of some apparent confusion and mis- communication during the review process, however, a building permit was not obtained within the time frame specified in the growth management regulations. In February, 1984 the previous applicants requested and were granted by the City an additional period of 180 days to obtain a building permit from the Building Department . That extension terminates August 7, 1984. Mr. Clark and Mr. Kaspar are prepar- ing to proceed with the previously approved project in the event that this revised application does not receive City approval. For comparison purposes , in addition to the conversion of the 8 free-market units included in the previously approved project, this application includes a reduction in floor area from approxi- mately 20,417 sq. ft. to 16,845 sq .ft . (17 .5% ) . Site open space has been increased from approximately 2, 648 sq .ft. (18% ) to 3 , 422 sq .ft . (23% ) . Based on the current method of calculating FAR, the FAR of the previous proposal was 1. 34 as compared to 1 . 10 under the new proposal. Height remains at 28 feet, the same as under the previously approved project. CONCEPTUAL SUBDIVISION REQUIREMENTS 20-10 (b) (1 ) Drawings submitted with this application include a vicinity map illustrating the location of the project . The site lies generally in the center of a relatively large area of R/MF zoning in east Aspen. Some enclaves of L-3 zoning have been applied in this area, including one immediately south of the Ute City Place site, covering the site of the Brass Bed in Block 118. The applicant does not own or have under option any parcels adjacent to the 15, 000 square foot site included under this submittal. 20-10 (b) (2 ) The attached site plan illustrates proposed site utilization. The revised site plan is essentially the same as the previously approved plan with the exception of a reduction in the footprint along the south side of the building, and a resultant increase in open space . The site is generally flat with very little existing vegetation. The existing street system will remain unchanged except for the new curb cut off of Cooper Street onto the site. 20-10 (b) (3 ) Tabulation of Data Density Since all of the dwelling terms of Section 24-11 . 4 ( dwelling unit as outlined 1 . Studio Unit -------- 2 . One Bedroom Unit --- 3 . Two Bedroom Unit --- units are deed restricted within the b) (4) , the minimum required lot area per in Section 24-10. 5(b) (5 ) is: -------- 500 square feet of land -------- 625 square feet of land -------- 1,050 square feet of land Based on the breakdown of the number and types of units , the land required by this proposal is: 6 Studio Units @ 500 S .F . = 3 , 000 Square Feet 12 1 Bedroom Units @ 625 S.F . = 7, 500 Square Feet 4 2 Bedroom Units @ 1 ,050 S .F . = 4 ,200 Square Feet Subtotal Residential S.F. = 15, 910 TOTAL LAND AREA REQUIRED = 14, 700 Square Feet The above total of 14, 700 S .F . is less than the site acreage of 15,000 S.F. External Floor Area Ratio The maximum external floor area permitted under Section 24-10. 5 ( g) (1 ) is 1 . 25 : 1 . The total external floor area permitted and proposed is as follows: SITE AREA =15,000 Square Feet MAXIMUM PERMITTED FLOOR AREA=15, 000 S .F.xl . 25 FAR = 18, 750 S .F . Proposed Floor Area 1, 202 S S .F . 2 1 Bedrm. 673 S.F. 2 6 Studios @ 475 S .F. (Avg. ) = 2, 852 S .F . 12 1-Bedrooms @ 762 S.F . (Avg. ) = 9, 142 S.F . 4 2-Bedrooms @ 979 S .F . (Avg. ) = 3 ,916 S .F . Subtotal Residential S.F. = 15, 910 S.F. Above-Grade Accessory Space = 935 S .F . TOTAL FLOOR AREA 16,845 S.F . The total of 16, 845 square feet proposed is less than the allowed maximimum of 18,750 square feet. Proposed Mix by Level GARDEN LEVEL Number TvUe Size Bedrooms Total 2 1 Bedrm. 601 S .F. 2 2 1 1, 202 S S .F . 2 1 Bedrm. 673 S.F. 2 2 1 1,346 S S.F . 2 1 Bedrm. 685 S .F . 2 1 1 ,370 S S .F . FIRST LEVEL Number Tv 4 Studios 2 2 Bedrm. R Size Bedrooms Total 453 S .F. 4 1 , 812 S .F . 917 S .F . 4 1 ,834 S .F . 8 3,646 S.F . SECOND AND THIRD LEVELS Number Type Size Bedrooms Total _ 2 Studios 520 S .F . 2 1, 040 S .F . 4 1 Bedrm. 867 S.F. 4 3,468 S.F . 2 1 Bedrm. 878 S .F . 2 1, 756 S .F . 2 2 Bedrm. 1 ,041 S .F . 4 2 ,082 S .F . 10 12 8, 346 S.F. Total:22 26 15, 919 S .F. Project Population 6 Studios @ 1 . 25 employees/unit = 7 employees 12 1-Bedroom Units @ 1.75 employees/unit = 21 employees 4 2-Bedroom Units @ 2 . 25 employees/unit = 9 employees 37 employees REQUEST FOR RBO REZONING AND SPECIAL REVIEW CONSIDERATION OF A REDUCTION IN OPEN SPACE The applicants hereby request consideration by the City of RBO Overlay designation for the site. We believe the project is in full compliance with the requirements of Section 24-10, Residential Bonus Overlay District with two exceptions. The two exceptions result from changes in the Area and Bulk requirements that have been made subsequent to the approval of the original project as follows: 1 . Open Space At the time the previous application was approved, there was no open space requirement in the R/MF zone district. Subsequent to those approvals, a requirement of 350 open space has been adopted. The open space provided in this project is 3, 422 square feet, or 23%. While below the current requirement, the commitment represents an increase of 5% in the previously approved open space commitment . 2. Height When the previous application was approved the project complied with the height limit in the zone district of 28 feet. Since that approval was granted the height limit was reduced to 25 feet. Since it is impossible to lower the building height further without reducing the number of units, the applicant intends to request a variance from the height limit from the Board of Adjustment. REQUEST FOR EXEMPTION FROM GMP FOR A 100% EMPLOYEE HOUSING PROJECT In compliance with Section 24-11 . 2, the applicants hereby request review by the City of a request for exemption from the develop- ment allotment procedures for the Ute City Place project . Information contained elsewhere in this submittal is adequate to allow the City to determine compliance with the provisions of Section 24-11.2 ( f) . EMPLOYEE HOUSING RESTRICTIONS Ute City Place is a 22 unit project of new construction. The project is located on 5 city lots at 909-923 East Cooper Street directly in town. The project was awarded a 1981 GMP allocation but has not been constructed because of reasons explained elsewhere. The original project included 8 free-market units and 14 deed-restricted units. The Aspen Mountain Lodge PUD proposed to purchase the property and deed-restrict all 22 units to the price guidelines for employee housing. To comply with the Housing Authority' s affordability guidelines for unit sizes, the revised 100% deed-restricted project would reduce the size of the original project from 20, 400 sf. to 16, 850 sf. This would make the already approved project even more compatible with the surrounding neighborhood. Parking for the revised project would be 28 cars, in excess of 1 car per bedroom. ADJACENT LAND USES Adjacent properties to the site are in residental use. It is bordered by a six unit condominium project on the west, a twenty unit condominium project on the south and a triplex and commercial project on the east. The proposed land uses support the City' s zoning and general plan objectives of placing density where facilities are within easy walking distance, or access by public transit, of required services. TRANSPORTATION Cooper Street functions as a major collector street for the east end of Aspen, and is also the route for the Mountain Valley and Silverking routes for the Aspen free shuttle bus system. Service for both of these routes operates on a 20 minute cycle . Roads in the area have adequate capacity, and are of adequate condition, to handle the additional travel demand that will be realized from this development. Several aspects of this proposed project will mitigate private vehicular travel requirements. The site is within easy walking distance of all essential neighborhood commercial and retail services. It is one and one-half blocks, or roughly 350 feet, from City Market and Durant Mall neighborhood center. It is roughly 1500 feet from the central business district, where expanded commercial facilities are also available. Twenty-eight on-site parking spaces are provided which more than adequately meets the City Code requirements . Access to the parking is provided by way of the alley to the rear of the site, and an 18 foot wide curb cut off of Cooper Street. FIRE PROTECTION AND POLICE PROTECTION The project is located approximately seven blocks from the fire station and the existing police facilities are within easy access to the site. LANDSCAPING Landscaping for the project will receive careful consideration. Existing trees on the site will be preserved and protected. If significant trees are located in an area where the building is to be located, and if the size of the trees permit, they will be relocated. Additional landscaping will be provided as outlined below. The areas to be landscaped include the area fronting on Cooper Street and the below-grade garden court areas . 1 . The area between the north property line and the new side- walk will be planted with a combination of aspen and evergreen trees. Trees and shrubs will be planted at the north end of the parking area to partly screen the parking from Cooper Street. The remaining area will be sodded with grass . 2 . The area between the sidewalk and the proposed curb line on Cooper Street will be planted with grass sod. 3 . The below-grade garden courts will be landscaped with a combination of aspen trees, shrubs and grass sod. Sidewalks will be installed to provide access to each unit. CONDITIONS OF CONCEPTUAL APPROVAL FOR PRIOR APPLICATION The following six conditions were imposed on the previous applicant in connection with conceptual subdivision approval: 1. The applicants ' agreeing to provide an eight inch water system interconnect on Cleveland between Hyman and Cooper by working out an equitable arrangement with the Water Department prior to review for preliminary plat. 2 . The applicants ' meeting the conditions of the City Engineer concerning the variance for a curb cut on Cooper Street. 3 . The applicants ' providing a sidewalk the length of the property along Cooper Street. 4. The applicants ' installing fireplaces designed with energy conservation in mind and limiting the number of installations to minimize air pollution impacts . 5 . The applicants' giving further consideration to landscaping, massing and bulk and their relationship to the request for Residential Bonus Overlay at the preliminary plat stage of the review process . 6 . Inspection of the site by the Building Inspector to assess the movability of the historic structure and to report to the Planning Office as to the results of that visit. Our commitments regarding these conditions are as follows: Condition 1 - The applicant will arrive at an equitable arrange- ment with the Water Department regarding the interconnect prior to preliminary plat application. Condition 2 - The applicant agrees to comply with this condition. Condition 3 - The sidewalk will be constructed. Condition 4 - The applicant will comply with City regulations adopted since the previous approval was granted. Condition 5 - This condition will receive further consideration and elaboration in the preliminary subdivision application. Condition 6 - Herb Paddock, former Building Inspector, inspected the residence, found that the structure was impossible to move and that in fact if left at its location, it should be abated as a dangerous building. The previous applicant applied for and received a demolition permit and demolished the structure. o _ ASPEN INSTITUTE 90 \01 9 Nv p / MEADOW MUSIC TEN W 14 W� ' HAILUII) LAKE ILVE IN PROJECT 1 E� \V✓J G1�5 LOCATION W r NGtRT S EET El DM ❑ ❑� o v N V SMUGGLER � \ \ _❑_❑ El ❑ El ❑ ❑ 13 \ _ FRANCIS 11 la El ❑ F-1 ❑ALL ❑ w 1� -- El 0❑ ❑ F-1 '�'l Eax = Q a SLEEKER = cc STATE Hip HWAY 82 Et❑y❑��❑�� ❑ ❑ DwcE14l;9- PARK�J j� 9 W a MAIN STREET �9�91.91• �� 8� 81. 91•� �5918�9�8�9� ❑ ❑HOP❑KINS ❑ ❑ ❑ ❑ Zo z F-1 F-1 ❑ c� ❑Y)❑¢o ❑ ❑ <❑ W J ❑v❑ ❑ c 1 F-1 El 31: 1 R A ASPEN MALL <❑ ;` 2 � a , 2 RUSEY C7 PARK SUS TRANSPORT CENTER 4 DURANT 3 ASPEN SOUARE O O D a TO MOUNTAIN VALLEY 4 DURANT MALL INDEPENDENCE PASS S CITY MARKET N ' OLO WATERS 8 CITY HALL r� HOLE FIRE STATION PARK a OPERA HOUSE k 9 COURI HOUSE ` TE 10 HOTEL JEROME 11 SCHOOL K �dF 12 NORTH MILL PLAZA rat 13 POSTOFFICE F 14 COMMON ITY CENTER 15 VISUAL ARTS CENTER .4 �I ASPENJ( � ' SKI MOUNTAIN I ASPEN TITLE COMPANY, LTD 530 East Main Street Aspen, Colorado 81611 File No. A84-208 OWNERSHIP CERTIFICATE Aspen Title Company, Ltd. , hereby certifies that title to: Lots C, D, E, F and G Block 118 CITY AND TOWNSITE OF ASPEN Pitkin County, Colorado is vested in: C. M. CLARK (as to Lots C and D) and ALEXANDER G. KASPAR (as to Lots E, F and G) and that the above described property is subject to the following: Any and all mineral rights as described in instruments recorded in Book 93 atPage 83, in Book 93 at Page 92, in Book 93 at Page 178, in Book 98 at Page 512, in Book 105 at Page 129, in Book 105 at Page 463 and in Book 106 at Page 482. Terms and conditions of Subdivision Agreement between the City of Aspen and C. M. Clark and Alexander G. Kaspar recorded February 23, 1982 in Book 422 at Page 514 and Plat of "Ute City Place, a Condominium, Final Plat" recorded in conjunction therewith in Plat Book 12 at Pages 74 through 76. Deed of Trust from Alexander G. Kaspar to the Public Trustee of Pitkin County, Colorado for the use of Mollie H. Maurin, Kathryn Sincovec, Frances Nelson, Josephine Arbaney, Helen Zordel and Lorraine Grange, to secure $40,625.00, dated October 17, 1979 and recorded October 17, 1979 in Book 377 at Page 742, Reception No. 218855. (as to Lots E, F, and G) Deed of Trust from Alexander G. Kaspar and C. M. Clark to the Public Trustee of Pitkin County, Colorado for the use of The First National Bank of Midland, Texas, to secure $899,000.00, tdated June 23, 1983 and recorded June 23, 1983 in Book 447 at Page 560,' Reception No. 251176. (as to Lots C, D, E, F and G) Any and all unpaid taxes and assessments and any and all tax sales that have not been properly redeemed or cancelled. NOTE: Although we believe the facts stated are true, this certificate is not to be construed as an abstract of title, nor an opinion of title, nor a guarantee of title, and it is understood and agreed that the liability of Aspen Title Company, Ltd. is limited to the amount of the fee charged hereunder. ASPEN TITLE COMPANY, LTD. B Grant Crenshaw June 20, 1984 at 8:00 A. M. FEE: $100.00 ASPEN TITLE COMPANY, LTD 530 East Main Street Aspen, Colorado 81611 File No. A84-208 OWNERSHIP CERTIFICATE Aspen Title Company, Ltd. , hereby certifies that title to: Lots C, D, E, F and G Block 118 CITY AND TOWNSITE OF ASPEN Pitkin County, Colorado is vested in: C. M. CLARK (as to Lots C and D) and ALEXANDER G. KASPAR (as to Lots E, F and G) and that the above described property is subject to the following: Any and all mineral rights as described in instruments recorded in Book 93 atPage 83, in Book 93 at Page 92, in Book 93 at Page 178, in Book 98 at Page 512, in Book 105 at Page 129, in Book 105 at: Page 463 and in Book 106 at Page 482. Terms and conditions of Subdivision Agreement- between the City of Aspen and C. M. Clark and Alexander G. Kaspar recorded February 23, 1982 in Book 422 at Page 514 and Plat of "Ute City Place, a Condominium, Final Plat" recorded in conjunction therewith in Plat Book 12 at Pages 74 through 76. Deed of Trust from Alexander G. Kaspar to the Public Trustee of Pitkin County, Colorado for the use of Mollie H. Maurin, Kathryn Sincovec, Frances Nelson, Josephine Arbaney, Helen Zordel and Lorraine Grange, to secure $40,625.00, dated October 17, 1979 and recorded October 17, 1979 in Book 377 at Page 742, Reception No. 218855. (as to Lots E, F, and G) Deed of Trust from Alexander G. Kaspar and C. M. Clark to the Public Trustee of Pitkin Countyy Colorado for the use of The First National Bank of Midland, Texas, to secure $899,000.00, dated June 23, 1983 and recorded June 23, 1983 in Book 447 at Page 560, Reception No. 251176. (as to Lots C, D, E, F and G) Any and all unpaid taxes and assessments and any and all tax sales that have not been properly redeemed or cancelled. NOTE: Although we believe the facts stated are true, this certificate is not to be construed as an abstract of title, nor an opinion of title, nor a guarantee of title, and it is understood and agreed that the liability of Aspen Tittle Company, Ltd. is limited to the amount of the fee charged hereunder. ASPEN TITLE COMPANY, LTD. B Grant Crenshaw June 20, 1984 at 8:00 A. M. FEE: $100.00 o//��LJ� eJ . cXYf LGII� / J May 8, 1984 Sunny Vann Planning Department Head City of Aspen 130 South Galena Street Aspen, Colorado 81611 RE: Lots C-G, Block 118 City and Townsite of Aspen Dear Sunny: Enclosed is the fully executed consent to joint development application which we discussed yesterday. This is submitted to the City of Aspen on behalf of my clients expressly conditioned upon acceptance by the City of the terms and conditions contained therein. It is specifically understood that the re-zoning to RMF/RBO together with the present growtif management approval and allocation will stay intact until such approvals are relinquished subsequent to or contemporaneously with closing of the sale from my clients to Commerce Savings Association of Angleton, Texas. Very truly yours, Douglas P. Allen DPA/jb Enclosure May 4 , 1984 City of Aspen Planning Department 130 South Galena Street Aspen, Colorado 81611 Re : Consent to Joint Development Applications Gentlemen : Please be advised that the undersigned , being the record owners of Lots C, D, E, F and G, Block 118 , City and Townsite of Aspen, Colorado ( the "property" ) hereby agrees to be, and by this letter represents that such owners are , a joint applicant with Commerce Savings Association of Angleton, Texas, with respect to the 1983 Lodge GMP, Coneptual PUD, and subdivision applications previously submitted to your office on or about October 1 of last year under the title "Aspen Mountain PUD - The Lodge/Galena/Top of Mill . " It is expressly understood , .'of course , that in the event a mutually satisfactory purchase agreement covering the Property has not been signed by and between the undersigned (as Sellers ) and Commerce Savings Association and/or its assignee or nominee ( as Purchaser ) prior to the time the Lodge Phase of the Aspen Mountain PUD is submitted to the Aspen City Council for final approval , the consent set forth herein shall be of no further force nor effect and the Property shall not be directly burdened or affected by any of such applications . In the further event that a purchase agreement covering the Property is entered into but does not close and the buildings are not conveyed to Pur- chaser for any reason whatsoever , the Property shall not be burdened or affected in any manner by the GMP, conceptual PUD or subdivision approvals . It is further xp ssl.y, agreed that until the purchase referenced above is con mma t e joining in this application by the undersigned s .�all not f ct the existing GMP and subdivision approvals rela i g to"" t} perty. C. M. C] ark Alexander G. Casper Sy, 4 n x r 4 W 3 0 &.� Y. 77mi tJ3d000 ". Ali b, HF w8ai F' S W .4 .. WOW uj Ir � sa fF.., � :'� $. .>. 8 ,Sb'x a w� 9 aq:... :a � f•. nn 1 � a1s -. Ndw -,AM let a• " 'tc"Y• Y • �`r�'xRM1 � ,�C�e 3ra4.�� r8 "a � � ftr,� '�N,Ak : ,%�'+'. __, t ,. N { ,:: r,Y't�� ,Y set• ' §' �. i ':: R 4w ^°'q?:' 3 2 vzb f f. a d K fi"ays s r "eJs i •••PPP � �; ^Ak' 'dis, Y�� x Rf ,T:y��y' J ".n[a � >w,r r.'... $ E 8 ;x!d wR t{ NN s f z 5•�` � '8 �"e".:s .:i•." .L 3 3 ti 18 SN dQH �•,, �i N, :" r 8 �_t Ir AO mrow x .f '•ws b'� 'N. 4 '" xl"' 1 F Sc: a .y c #- n 1'm• xFn x' xMa• rh b� � 1 � Yf�l c � # Y 4 < ��. h a�.;. �Rl Y�'�°a a 7 �,� F�[ � �{� RG g �x "s :} +F �.,�". °d• i QAr«}. ae A`i� z : _ � :.. ; `[ �� 9N•�n �,� .. *n l. SR1a� : V r .n 'F ,y�{f F . ,,. .t '. :,�►^RF, E '�$: i� nr.,�lA+ X ,� r.r f R r +,f Y' r�$y�,;'. AANgy� s:>: f �t[ � �Lj N 4 inI' 6 X' y 4 .P �. � ~*a►uA .yF �R'.>' g` ii x?•s°%s*. ,'kz4 iN.. ''3)'�'. �. . ,. y . f J CIT PEN 130 sa ,T y; le street t a s p e n r d ,'"81611 November 24 , 1980 Mr. Jack Walls P.O. Box 29 Aspen, Colorado 81611 RE: Ute City Place Dear Jack: •i As per our telephone conversation and your letter of October 9, 1980, all the conditions concerning the referenced project meet with my approval. If you have any more questions, please feel free to contact me at 925-2020, Extension 214 . Thank you. Sincerely, &Ala A. H4Vk-- Daniel A. McArthur City Engineer ASPEN SANITATION DISTRICT P. O. Box 528 Tele. 925-3601 ASPEN, COLORADO 81611 Nov. 13, 1980 Jack M. Walls P. 0. Box 29 Aspen, Colorado 81611 Dear Jack, i In regards to the Ute City Place Development of -22 units located at Cooper St. between West End and Cleveland Streets. This project can be serviced by the Aspen Sanitation District. At this point we have adequate capacity in the trunk line and the plant to handle the increased flow from this project. HK/ld Sincerel.'.; Heiko Kuhn, Manager Aspen Sanitation District • 6 tl i Y t V; ' Kindly change your mailing list for the following : - Benjamin F, P Grizzle Post Office Box 33 Washington, D.C. 20044 4J o _ � M � O U t� IJV; Grizzle has been deceased since March 17 , P U 1981 , and his mail in the future should be o o sent to his widow : 4 o Mrs . Mary R. Grizzle Q �: E1 120 Gulf Blvd. a� Bel leaf r Shores r o w Indian Rocks Beach , Fla. 33535 r-+ o o -j � � x fir JUNX P KIN � a� I Aspen/Pit ning Office 130s street j aspen, 81611 �YFD Hil i a d E. H gee C� Pos Offi e - 96 Ape , Co l 0 1612 ° Ep,39 DEL _- ..=Noma r Aspen/Pit ning Office 130S street aspen, 81611 h _ John Mason Reynolds , Jr. - 1310 SW 172 Seattle, Washington 98108 s, - F F, r CITY OF ASPEN 130 south galena street aspen, Colorado 81611 .' Pitkin Co. Real Estate & Management Co. L 410 East Hyman Aspen, Co. 81611 I JUN ASPFN KIN PLANNING OFFICE 4 ., Aspen/Pit g Office"*-',' — , 130 s treet c aspen,• '' 1611 V-1 i\Ds=R r John P. Tracy rf 1302 Pesol Street a Boulder, Colorado 8030' ,l Aspen/Pit ning Office 130s street aspen, 81611 ' ! - r i1 P Roger E. Dehring Post Office Box 5618 Madison, Wisconsin 53705 Aspen/Pit ning Office 130s street aspen, 81611 ; s Daniel J. Rooch Sally C. Rooch 8123 Via de Logo Scottsdale, Arizona 85257 jj r �h Aspen/Pit Wing Office 130s street p . aspen, 81611 Jeffre H. Sachs Suite 518 1660 incoln Denv r, Colorado 80203 Aspen/Pit ning Office 130s street aspen, 81611 k _t Milton Zale Linda Zale 2141 North Clifton Avenue Chicago, Illinois 60614 05/'30/4 1. ,'53309&41 I''E(l.F,',N TO ta1::.f'il1f:.R I Aspen/Pit ning Office 130s streets y aspen, 81611 ,q k -Stephen P. Wright Post Office Boy 4055 t ''Aspen , Colorado 81612 `T r .seen/Pit wing Office 130 s street aspen, 81611 Harvey Wein 1899 N.Ey 64th Street No. Miafni Beach, Florida 33162 i -,spen./Pit. ' ning Office 130s street aspen, 81611 - Estelle Stone Ellis 1900 6th Terrace Shawnee Mission , Kansas 66208 .... .- ........, `� ...,w" ASPEN*PITKIN REGIONAL BUILDINd DEPARTMENT MEMORANDUM TO: The Planning & Zoning Commission and the City Council FROM: Herb Paddock -- ---- DATE : April 22 , l9 el RE : Existing Structure at 923 E . Cooper The Building Department has inspected the above residence in order to determine its suitability for moving to a new location . Our inspections revealed quite conclusively that the structure not only would be impossible to move , but if left at its present location it should be abated as a dangerous building. Therefore , the Building Department will issue a demolition permit for the existing structure in order that the proposed "Ute City Project" may proceed. xc : John LaSalle Butch Clark ; Jack Walls ,,: APR P 506 East Main Street Aspen, Colorado 81611 303/925-5973 Aspen / itkin Manning Office 130 south galena street aspen , colorado 81611 MEMORANDUM TO: City Attorney City Engineering Department City Housing Director City Electric Aspen. Sanitation. District Mountain Bell Fire Marshal/Buildi.ng Department Rocky Mountain Natural Gas FROM: Alan Richman, Planning Office RE: Ute City Place Preliminary Plat Submission DATE: May 19, 1981 Attached is an application requesting preliminary plat approval for property located at 923 E. Cooper Street. The applicants, C.M. Clark and A.G. Kaspar, competed in the 1981 residential GMP process. They are requesting approval for the construction of 22 condominium units, rezoning pursuant to Residential Bonus Overlay and exemption of the employee housing units from the GMP. This item has been scheduled for review by the Aspen Planning and Zoning Commission on June 16, 1981 ; please review and return any comments to me no later than Thursday, June 4. Thank you. �CtO/'a� E/� GA. Y SFw �ICE T141S � Ec % � S TAI ! et� (j r6 it.a . A MEMORANDUM 91981 ' TO: Alan Richman, Planning Office t �y'�rFE•iiS l{Vi7 Vi ''!v� FROM: Jay Hammond, Engineering Department DATE: June 8, 1981 RE: Ute City Place Preliminary Plat, Lots C, D, E, F, and G, Block 118, O.A.T. Having reviewed the above application for preliminary plat, rezoning, special review, and condominiumization, the Engineering Department has the following comment: Provided the applicant proceeds with the conditions attached at the conceptual stage regarding curb cuts on Cooper Street, signing, sidewalk, and water system improvements (as he states he will ) we have no problems or further comments regarding the application at this time. _ SLEMON, MAZZA & LASALLE, P C. ATTORNEYS AT LAW ".- vt 434 EAST COOPER STREET DAVID R. SLEMON ASPEN, COLORADO 81611 .il ' ", ' ANTHONY J. MAZZw TELEPHONE 92:-2 , TELEPHONE 9252043 JOHN D. LASALLE June 5 , 1981 Mr. Jim Markalunas HAND DELIVERED City of Aspen Water Department Aspen, Colorado 81611 Re: Ute City Place Condominium Development Dear Jim: This is to confirm the agreement which we reached after meeting in your office recently with regard to partici- pation between the City and the developer with respect to the construction of the proposed 8" interconnect on Cleveland Street between Hyman and Cooper Street. As you recall , the developer is constructing a 22 unit condominium project (64% of which units will be deed restricted as employee housing) . Although there is a 52" water line running down Cooper Street and passing directly in front of the site of this project, it is my understanding that you believe that line to be in- sufficient to handle the demand of this project and, there- fore , that you desire that an intercept line be constructed on Cleveland Street connecting the 12" line on Hyman Street with the 52" line on Cooper Street, therefore adding a loop which is a needed improvement to the system in general and an 8 " line to which this project could tap. Since the 8" inter- cept line is advantageous to both existing and future users in the neighborhood in general, as well as to this particular project, I understand you favor some participation by the City with the developer in the capital cost of construct_ !;.. of the line on some equitable basis. In a memorandum to Planning Department which you prepared you indicated some tment of the plant investment fee would be appropriate _ e, event the developer constructed the line. During the period since this project haE going though the various approval processes , a si`„ ” _ _ -_:�nge occurred by virtue of the fact that in the recur: elec- tion , the voters approved a bond issue for improv a . t to the water system among which are the construction of a 12` line up Cooper Street, as well as the 8 " intercept line on Cleveland between Hyman and Cooper, thus it is no longer nee.= : ry for the developer to construct the proposed intercept the SLEMON, MAZZA & LASALLE, P. -- -- Mr. Jim Markalunas June 5 , 1981 Page Two Cith has already contracted to have that construction done as a result of the passage of the bond issue. Because of the passage of the bond issue, a significant increase in plant investment fees charged to new users is expected in the near future for the specific purpose of servicing the debt repre- sented-by the bond issue. - - - - - - - - With the above facts in mind I would like to propose the following agreement between my clients , C. M. Clark and A. G. Kaspar , the developers of Ute City Place, and the City of Aspen with respect to water service to their development: Since the City will definitely be doing the construction as opposed to the developers and since the exact amount of the increase in the plant investment fee is unknown at this time , but it is the mutual desire of the parties that there be an equitable participation between the developer and the City in the construction of the intercept line, I would propose that the developer be able to elect either of the following two options based upon which of them results in a lower payment to the City by the developer : 1 . The developer will pay the full plant investment fee based upon the current rates plus an additional amount equal to one-half of the actual cost of the por, Ion of the new intercept line running from the 12" line oriHyman Street to the hydrant on the south side of Cooper Street (by your calculations a distance of approximately 330 ' ) ,,or, alternatively, 2 . The developer would simply pay the total amount of the new, increased, plant investment fee which is antici- pated to take effect July 15 , 1981 , v-hichever dollar amount results in a lower payment by the de7.-doper to the City. If you are willing to recommend that the City -accept the proposal outlined above , I would appreciate your so indi- cating by signing the extra copy of this letter in the space provided. y tzu' ours, lr JDL:d , < John L LaSalle � /for SL ' ON, r7AZZA & LaSALLE, P.C. r Jim Markalunas , City of Aspen .,Water Department 1i 1 CITY. .'_OF � ASPEN 130 soth galena street aspen- coloradn 81611 ASPEN WATER DETPARTMENT TO: Planning �yy FROM: Jim Markalunas v F RE: Ute City Place DATE: November 21 , 1980 k resubmitted, I have no objections to the proposed project. The proposed interconnect on Cleveland Street between Hyman and Cooper would up-grade and improve the City water system. Predicated upon this concept, the :project should be approved. i cc: Jack Walls CITY OF ASPEN JUN 9 1981 ',Ls 130 south galena street LL. _ ._..__ aspen, colorado 81611 AS`-IE / HM'IN CO. PLANNING OFHGE 303-925-2020 MEMORANDUM DATE. June 9 , 1981 TO: Alan Richman FROM: Paul Taddune RE. Ute City Place Preliminary Plat Submission Tne applicant has correctly stated the applicable provi- sions of the Aspen Code and appears to have complied with all necessary technical requirements . The procedures set forth in Article XII of Chapter 24 must be followed to enact the necessary zoniny change. PJT:mc Aspen/Pitkin Planning Office 130 south galena street aspen , colorado 81611 _ _ IT�ti ' i�}Nits 7 MEMORANDUM `' r TO: City Attorney City Engineering DepartmentAFj �R .�tr' City Housing Director City Electric Aspen Sanitation. Distrilct Mountain Bell Fire Marshal/Building Department Rocky Mountain Natural Gas FROM: Alan Richman, Planning Office RE: Ute City Place Preliminary Plat Submission DATE: May 19, 1981 Attached is an application requesting preliminary plat approval for property located at 923 E. Cooper Street. The applicants, C.M. Clark and A.G. Kaspar, competed in the 1981 residential GMP process. They are requesting approval for the construction of 22 condominium units, rezoning pursuant to Residential Bonus Overlay and exemption of the employee housing units from the GMP. This item has been scheduled for review by the Aspen Planning and Zoning Commission on June 16, 1981 ; please review and return any comments to me no later than Thursday, June 4. Thank you, �0.r � ' y Aspen/Pitkin Planning Office 130 south galena street aspen , colorado 81611 MEMORANDUM TO: ✓,f City Attorney City Engineering Department City Housing Director /City Electric Aspen. Sanitation District Mountain Bell Fire Marshal/Building Department , Rocky Mountain Natural Gas t FROM: Alan Richman, Planning Office RE: Ute City Place Preliminary Plat Submission DATE: May 19, 1981 Attached is an application requesting preliminary plat approval for property located at 923 E. Cooper Street. The applicants, C.M. Clark and A.G. Kaspar, competed in the 1981 residential GMP process. They are requesting approval for the construction of 22 condominium units, rezoning pursuant to Residential Bonus Overlay and exemption of the employee housing units from the GMP. This item has been scheduled for review by the Aspen Planning and Zoning Commission on June 16, 1981 ; please review and return any comments to me no later than Thursday, June 4. Thank you. PUBLIC NOTICE RE: Ute City Place Preliminary,Plat Submission NOTICE IS HEREBY GIVEN that a public hearing will be held before the Aspen Planning and Zoning Commission on Tuesday, June 16, 1981 at a meeting to begin at 5:00 P.M. in the City Council Chambers, City Hall , 130 S. Galena, Aspen, to review the preliminary plat submitted by C.M. Clark and A.G. Kaspar requesting approval for the construction of 22 condominium units, rezoning pursuant to Residential Bonus Overlay and exemption of the employee housing units from the growth management plan for property located at 923 E. Cooper Street in Aspen. For further information, contact the Planning Office, 130 S. Galena, Aspen, 925-2020, ext. 298. s Olof Hedstrom Chairman, Aspen Planning and Zoning Commission Published in the Aspen Times on May 21 , 1981 City of Aspen Account Ul� %I MEMORANDUM TO: The Planning & Zoning Commission and the City Council FROM: Herb Paddock DATE : April 22) , l9ii �� RE : Existing Structure at 923 E . Cooper The Building Department has inspected the above residence in order to determine its suitability for moving to a new location . Our inspections revealed quite conclusively that the . structure not only would be impossible to move , but if left at its present location it should be abated as a dangerous building. Therefore , the Building Department will issue a demolition permit for the existing structure in order that the proposed "Ute City Project" may proceed. xc : John LaSalle Butch Clark Jack Walls 533 E.-List Mriin Street Ar-pon, Colorado 003/025-5073 UTE CITY PLACE CONDOMINIUMS ty. List of Area Property Owners (those within 300 feet) Block 117, Aspen Block 118 , Aspen Block 111 , Aspen Block 112 , Aspen Block 113, Aspen Block 119 , Aspen Block 35 , East Aspen Block 34 , East Aspen Block 37 , East Aspen Block 40 , East Aspen William LOUSh ' Rita Loushin 2n Post Office BOX 252 Aspen. Color do 81612 Amolioa A. del Frank A. Loush 4905 Hal Abel Post lOf • LO shin DenverI Coloradoy f.ice 80220 oro seen, Colorado 582 1612 Post office Kelleken Post Charles Tower Aspen. Colorado 8 Aspen, COlor O 8114 James L• Sherman 1612 612 s R• Frank Albert 4032 Linden Laughlin William d J• Loushin In Western Spings, x Aspen,Office o shin Walter Ste Illinois 60558 Pen 582 Frie nger Co C lorado 81612 1631dPrince rlke Stenger Post Curtis Offic yens Oltowa' Ontario Wales Avenue Aspen, Color BOX 215 Gerald , Canada Pawnee 81612 Joseph W. Magner, Jr. 1444ee plastics 73 India Doering . Jr. Wichi t South Tyler r Roc Winnetka n Il 01°s d Kansas 67209 Peter A. Walter and F post Off LOoram Ottawa,1pce f Walese Stenger Aspen. Colorado 8724 ntario Drive Coo 1612 . Canada per Robert S. Street Elizabeth Sherman L 4ttle Old Cantrell Part,oa ship 350 North De Sherman Glenn Eugene Arkansas d 203 Riverside, Ill plain e Road Post p f ugene Law 72 fice 5941p es' Doering. J 0546 Aspen. Colorado 8537 West Bl r. 1612 C.Milwaukee, Wleconn d Road Post .Off ark ice Sandra ' Fnegan ASPen, Colorado 8161 X5062 2 84 Rollin illegal Alexander New g Ridge coo C. M. G. KasPar Canaan, Connect ' Post Office Connecticut 40 Maurice De Howard 068 Aspen, Colorado 81612 5257 Edward Muir ker William J. 21300 Nanc Sheehan t Farm Post y E' Sheeha Farmington. Michigan d48 Aspen, Co BOXn571 611 204 lorado 81612 B.'T & S.B' Sutko Bras R•E5 & `T' S• Wskl 926 East Duran ssociates Beet 4755 Grand V Carver iew Drive t Peoria Illinois 1611 61614 seen, Colorado 81611 James L. Roger E. Dehrin Jame Sherman Post office g 4032 Lirnden Ahlln Madison, Wiscons1 618 81612 Western venue n 53705 Springs, Illinois David B. Meltzer Donald Ru 60558 South State St ;W,e #14E `=a r shneck Jr. Chicago, Illinois r 60603 loin 6p611 80ySoutushneck erryton, New York PostapfdfPyrity per 10591 Milwaukee e BOX 2p54 .ton Wisconsin Box 9332 53201 >r ado S1612 _bu rY Riding Yland 20810 .ar r Marsden L. Wilhems Michael Dennis Lange Lavon I. Wilhems Post Office Box 9423 Ridott, Illinois 61067 Aspen , Colorado 81612 John Hayes Jack Jenkins Marjorie M. Hayes Eleanor A. Jenkins Post Office Box 407 17605 Highway 82 Aspen, Colorado 81612 Carbondale, Colorado 81623 George H. Murphy R. Scott Keller Betty S. Murphy Post Office Box 2804 1258 Ridgeway Drive Aspen, Colorado 81612 Sacramento , California 95813 Harold Horiuchi Donald J. Erickson Edith Horiuchi Marian G. Erickson 6205 West Jefferson 1102 Plummer Circle Denver, Colorado 80235 Rochester, Minnesota 55901 Nickolas Pasquarella E. Sawyer Smith, Jr. Bette E. Pasquarella 685 East Cooper 805 East Cooper Avenue Aspen , Colorado 81611 Aspen, Colorado 81611 David Melton Frederick Marshall Karsten Mike Otte Douglas S. Hill Post Office Box 3715 203 South Hookum Parkway Aspen , Colorado 81612 #616 , Apt. 631 Alexandria, Virginia 22304 Colonial Savings & Loan Association Camilla D. Trammell 217 South Stemmons Trustee of Testamentary Trust Post Office Box 806 2 Briarwood Circle Lewisville , Texas 75067 Houston, Texas 77019 Brigid Mary Mulligan Andrew R. Pfeiffenberger Post Office Box 4153 Bernadetta B. Pfeiffenberger Aspen, Colorado 81612 Franklin H. Pfeiffenberger Peggy M. Pfeiffenberger Ajax Land & Cattle Co. 760 South Steele c/o Dopkin Deaver, Colorado 80209 Post Office Box 4696 Aspen, Colorado 81612 Donna Galvin Treneer, Edna M. Louis J. Gregorich 1255 Riverside Drive Edward P. Gregorich Aspen, Colorado 81611 Post Office Box 142 Aspen, Colorado 81612 W. C. Meors 1914 Peninsular Road Gilbert A. Wehrenberg Akron , Ohio 44313 Family Trust Post Office Box 18226 Matthew Oblock Reno, Nevada 89511 Post Office Box 573 Aspen, Colorado 81612 Aspen Skiing Corporation Post Office Box 1248 Richard A. Hargreaves Aspen, Colorado 81612 Virginia Hargreaves 3N580 Meadow Road Janice A. Kase Addison, Illinois 60101 159 Ramona Road Partola Valley, California 94025 Samuel Braxton Al Gross V. George Stakley Roger Brown Betty Stakley Post Office Box 4194 17524 Romar Street Aspen, Colorado 81612 Northridge , California 91324 3. r Robert E. Scheible Richard Dirkes Shirley L. Scheible Laverne A. Dirkes 1716-G Wi,ldberry Drive Post Office Box V Glenview, Illinois 60025 Manhasset, New York 11030 Davis Ammons Tibor F. Nagey 9 Polo Club Drive Patricia G. Nagey Denver, Colorado 80209 Route 1 Post Office Box 331 Seven Seventy Seven Inv. Easton, Maryland 21601 Corporation 777 Broadway Kurt Kreuger Denver, Colorado 80203 1221 La Collins Drive Beverly Hills , California 90210 Holland & Hart 600 East Main Robert William Walker Aspen, Colorado 81611 Route 3 Norfolk, Nebraska 68701 Thomas Gary Todvick Carol Lee Todvick Janet T. Bohlen 2354 North 7th Ada J. Lamont Grand Junction , Colorado 81501 4710 Quebec Street, N.W. Washington, D.C. 20016 George Joseph, Jr. Marilyn D. George Victor Sherman Post Office Box 18517 Michael Nasatir Denver, Colorado 80218 Richard Hirsch Michaeline Re Robert E. Scheible 9911 West Pico Boulevard Shirley L. Scheible Suite 1000 1716-G Wildberry Drive Los Angeles, California 90035 Glenview, Illinois 60025 Robert B. Lehoman Ronald Weissman Post Office Box 8294 Jon S. Okun Aspen, Colorado 81612 Post Office Box 8421 Aspen , Colorado 81612 Martha Pyeatt Menefee 19822 Hooshootoo Road Stephen P. Wright Baton Rouge, Louisiana 70816 Post Office Box 4055 Aspen, Colorado 81612 Paul W. Husted James F. McIntyre Eliot & Ann Bliss 3060 Joyce Way 19130 Sylvan Street Golden, Colorado 80401 Reseda, California 91335 Colorado Leasing Prop. Jane F. Wright c/o Bruce McDonald Post Office Box 3771 23820 West 8 Mile Road Aspen, Colorado 81612 Southfield, Michigan 48075 Lt. Col. Michael A. Stedham Charlton H. Chatfield 1506 Sharon Drive Corrigan Lane Silver Springs , Maryland 20910 Greenwich, Connecticut 06830 Benjamin F. Grizzle William C. Randall, D.D. S. Post Office Box 33 641 Southdale Medical Bldg. Washington , D.C. 20044 6545 France Avenue South Minneapolis , Minnesota 55435 Robert C. Saunders Salley B. Saunders Elizabeth A. McGinley Post Office Box 25821 9 Marland Road 700 South Wedtern Colorado Springs , Colorado 80906 Oklahoma City, Oklahoma 73125 Arrowhead Condominium Inc . R. C. Banks Post Office Box 389 Post Office Box 242 Aspen , Colorado 81612 Midland, Texas 79701 4 . Janice Lee Spencer John P. Tracy 349 South Meadows Avenue 1302 Pesol Street Manhattan Beach, California 90266 Boulder, Colorado 80302 Fleet White Dohse J. Jeffrey Nyla White 350 Dohlia Street 193 The Masters Circle Denver, Colorado 80220 Costa Mesa, California 92627 Maxcelienne S. Tavernier Frederick Micholas Heller 855 Arbogast Post Office Box 422 Shareview, Minnesota 55112 Aspen, Colorado 81612 Nathan Landow Robert E. Gordon 4710 Bethesda Avenue Walter H. Birk Bethesda, Maryland 20014 Dennis L. Wenger Amy Britvar Hans B. Cantrup 720 East Hyman Avenue Post Office Box 388 Aspen, Colorado 81611 Aspen, Colorado 81612 Evelyn Yerkes Martin Schlumberger Post Office Box 11275 2516 Woody Creek Road Aspen, Colorado 81612 Woody Creek, Colorado 81656 Pieces of Seven Realty North Star Partners Corp. 914 Waters Avenue 120 Maywood Avenue Aspen, Colorado 81611 Rochester, New York 14618 Walter O. Wells John Mason Reynolds , Jr. 21550 Lake Street 1310 SW 172 Cassopolis , Michigan 49031 Seattle, Washington 98108 Alta Loma Inv. Co. Garth G. Gilpin c/o Raleigh Enterprises Travis J. Harrison 8560 Sunset Boulevard Joan G. Harrison Los Angeles, California 90069 Post Office Box 10502 Aspen, Colorado 81612 Thomas A. Spain Old Orchard Road Ernie Meissner Armonk, New York 10504 157 King Street W. Kitchener , Ontario , Canada Avilla B. Bates 15 East 2300 Riverside Drive George H. Harlan Tulsa, Oklahoma 74114 Margaret R. Harlan 6716 Westwind Bates Lumber Co. Inc. El Paso, Texas 79912 Post Office Box 7095 Albuquerque, New Mexico 87104 Alan B. Bowles II 611 Hoska Drive Hooligan Properties Del Mar, California 92014 23820 West Eight Mile Road Southfield, Michigan 48034 Thomas B. Boguess Carolyn J. Boguess Karl Boker 8309 East Boulevard Drive Robert Boden Alexandria, Virginia 22308 Post Office Box 58 Deptford, New Jersey 08096 G & H Investment Co. A Partnership Composed of Dr. Richard F. Jacobs Dr. H. William Seifer 1150 N.W. 14th Street Gerda Seifer Miami, Florida 33129 6471 Mantova Street Long Beach, California 90815 Judith R. Bielinski 4935 Club House Circle Boulder , Colorado 80301 5. t Bernard Gray James C. Hindman Post Office Box 10251 Adriana P. Hindman Winston Salem, No. Carolina 27108 4500 Downers Drive Downers Grove, Illinois 60515 Charles E. Owen Charlotte L. Owen Jerome Blumberg 1125 Elmwood Suzanne Blumberg Ann Arbor, Michigan 48104 Post Office Box 2767 Aspen, Colorado 81612 Robert A. Dean Melanie C. Dean K.R. &T. Associates Post Office Box 80953 6807 Fernshaw San Diego, California 92138 Dallas, Texas 75248 Burton Davis Michael E. Warner Carolyn J.E.N. Aldham Craig E. Liebel 1326 H. Street, Suite 21 1045 Celestial Drive Bakersfield, California Cincinnati , Ohio 45202 Don H. Hoff Dr. Robert Dean Marji L. Hoff Post Office Box 80953 5451 Vista Del Arroyo Drive San Diego, California 92138 Lacrescenta, California 91314 James W. Wehsener David Meneghetti Sharon B. Wehsener Nora J. Meneghetti 4014 Mt. Terminus Drive 10933 Westwood Drive San Diego, California 92111 Palos Hills , Illinois 60465 L. Richard Fried, Jr. Ronald Schoepflin Marsha A. Fried Adolph Schoepflin 841 Bishop Street Nancy Schoepflin Honolulu, Hawaii 96813 343 Nome Street Aurora, Colorado 80010 Hans B. Cantrup Post Office Box 388 Robert P. Morris Aspen, Colorado 81612 Andrew F. Koploy Post Office Box 9069 Leland F. Bartlett Aspen, Colorado 81612 Josephine M. Bartlett Post Office Box 936 Brigitta Jacobsen Aspen, Colorado 81612 James Robert Barash 465 Roxbury Circle Peter Hershorn Colorado Springs, Colorado 80906 555 East Durant, Apt. 3-1 Aspen, Colorado 81611 Robert W. Bilstein Michelle M. Bilstein Richard J. Meeker 4935 Club House Circle Allison D. Meeker Boulder, Colorado 80301 Post Office Box 2329 Aspen, Colorado 81612 Theodore Haf to 1 Howard Parkin Richard Barnett 873 Emerald Trail c/o David Dangler Martinsville , New Jersey 08836 The Northern Trust Company 50 Sough LaSalle Street Goerge Vranesh Chicago, Illinois 60675 Elta Jo Vranesh Post Office Box 871 The Dexter Group Boulder, Colorado 80302 26400 Southfield Road Lathrup Village, Michigan Michael C. Kravitz 6807 Fernshaw Richard J. Meeker Dallas, Texas 75248 Allison D. Meeker Post Office Box 2329 Jack 0' Neill Aspen, Colorado 81612 Doris A. O'Neill 416 Kresse Circle Hopkins , Minnesota 55343 6 . • C. C. Harris - Jerry Monkarsh Post Office Box 4390 Joyce Monkarsh Aspen, Colorado 81612 Chester Fexestein Nancy Fexestein Richard Morton 2292 Betty Lane Helen Morton Beverly Hills, California 90212 Suite 805 Security Trust Building Mogulhopper Properties 700 Brickell Avenue c/o M. A. Tighe, Jr. Miami , Florida 33131 Northern Trust Company 50 South LaSalle Street Vincent Building Co. Chicago , Illinois 60675 25484 Meadowbrook Novi , Michigan 48050 Michael W. Syeto Dave Thomas C. M. Clark c/o IBM Ltd. Joseph T. Zoline 257 Consumers Road Post Office Box 566 Willowdale, Ontario, Canada Aspen, Colorado 81612 N2J4R Jaye K. Murray Theodore A. Haftel Post Office Box 352 Howard Parkin Aspen, Colorado 81612 873 Emerald Trail Martinsdale , New Jersey 08836 Kenneth Maurin Mollie Maurin Gary F. Glasgow Post Office Box 13 Estela A. Beale , M.D. Aspen, Colorado 81612 2601 South Quebec #5 Denver, Colorado 80231 Gideon Kaufman Jerome Meister Jeffrey H. Sachs Post Office Box 10001 Suite 1518 Aspen, Colorado 81612 1660 Lincoln Denver, Colorado 80203 Ross E. Goldstein Thomas B. Rosenberg - - - - Leonard Horwitz 1022 East Hyman June Horwitz Aspen, Colorado 81611 1290 Pembroke Lane Topeka , Kansas 66004 Barry D. Edwards 600 East Hopkins Ann Grace Turnbull Suite 101 Post Office Box 15005 Aspen, Colorado 81611 Aspen , Colorado 81612 Megan L. Mancini Roderick F. McPhee Kent F. Mancini Punahow School Post Office Box 4763 25 Pipeic Pali Aspen, Colorado 81612 Honolulu, Hawaii 96802 Sheila S. Draper Robert E. Bond Candida E. Hooper 3530 Central Avenue Post Office Box 4081 Shadyside , Ohio 45947 Aspen, Colorado 81612 Claude Carlisle Smith, Jr. Susan Lum Mary Margaret Smith Post Office Box 1571 31/35 Frenchurch Street Aspen, Colorado 81612 Plantation House London, England David Colville Reeves Post Office Box 100 Genevieve F. Martin Suite 4802 119 C Shoreline Rd. L.B.S. Toronto Dominion Bank Barrington, Illinois 60010 Toronto III, Canada Robert F. Reiser Larry M. Saliterman Thorwald Trolle Robert M. Levine 137 Greenly Road 2240 Lee Avenue North New Canaan, Connecticut Minneapolis, Minnesota 55422 7. Randolph Jacobs William R. Johnson c/o First National Montana 810 Roxbury Road Missoula, Montana 59801 Rockford, Illinois 61107 Blake Construction Co. , Inc. Estelle Stone Ellis c/o Al Seewalsky 1900 6th Terrace 1776 K 8 T. NW Shawnee Mission, Kansas 66208 Washington, D.C. 20006 Stefan T. Edlis Winston A. Puig 5333 North Elston Street 1900 North Oregon Chicago, Illinois 60630 Suite 102A El Paso, Texas 79902 Edgar G. Ingalls Mary M. Ingalls James L. Gerrie, Jr. 411 Medical Arts Building Judith N. Gerrie Minneapolis, Minnesota 55402 28926 Dover Ridge Drive Ranchos Palos Verdes, Martin Fine California 90274 Helen M. Fine 58 Samona Drive Hooligan Prop. Miami, Florida 33133 23800 West Eight Mile Road Southfield, Michigan 48034 Betty S. Byers Post Office Box 1952 Charles H. Dankworth Aspen, Colorado 81612 Clara M. Dankworth 3903 North Mission Hills Road Neligh C. Coates, Jr. Northbrooke, Illinois 60062 Post Office Box 4949 Aspen , Colorado 81612 Stephen H. Hart c/o Chuck Brandt Don D. Crawford 600 East Main Jack B. Crawford Aspen, Colorado 81611 3401 East Ocean Boulevard Long Beach, California 90803 Dr. Michael J. Wasserman Golf Mile Professional Bldg. Betty S. Byers Suite 925 Post Office Box 1952 Niles, Illinois 60648 Aspen, Colorado 81612 Dr. John G. Miglioni Melvyn A. Anholt Post Office Drawer A 1100 The Doctors Center 80158 700 Fannin San Diego, California 92138 Houston, Texas 77030 Carlton J. Hunke Alexander L. Gross 614 19th Avenue South Post Office Box 10760 Fargo, North Dakota 58107 Aspen, Colorado 81612 Lee R. Lyon Albert Gray Joanne R. Lyon Kathleen Gray 800 North Atlantic Richard S. Weissman Kansas City, Missouri 64116 Anthony Zazzu Rosalie Zazzu Paul D. Scheele 29 Alney Avenue c/o Gordon Young Cherry Hill , New Jersey 08003 71 East Division Street Chicago, Illinois 60610 Penny Colburn Anthony T. Mitchell Michael Di Lorezo Post Office Box 3896 1034 East Cooper Avenue Aspen, Colorado 81612 Aspen, Colorado 81611 Dennis H. Ostermaier Winston A. Puig Marvin L. Kay 1900 North Oregon Post Office Box 4173 Suite 101A Aspen, Colorado 81612 El Paso, Texas 79902 8 . r Alexander Gross Basil J. Falcone Ronald G. Domont James and Audrey Altounian Post Office Box 9200 516 North Lexington Drive Aspen, Colorado 81612 Lake Forest, Illinois 60045 Eric A. and Janet Teddlie Stanley Green William L. Wood, Jr. 6300 North River Road Martha Wood Suite 305 c/0 5736 Stonegate Rosemont, Illinois 60018 Dallas, Texas 75209 Stone-Kuske Co. Hildigard E. Hattie 5904 South Atlanta Avenue Post Office Box 496 Tulsa, Oklahoma Aspen, Colorado 81612 Donald M. Norris Jere D. McGaffey Judith P. Norris c/o Foley & Lardner 4016 Picary First Wisconsin Center Northbrooke, Illinois 60062 777 East Wisconsin Avenue Milwaukee , Wisconsin 53202 Polly King Dodge 68 Marland Road "FPG" T Michael P. McPhee Colorado Springs, Colorado 80906 1256 Green Meadow Lane Littleton, Colorado 80121 John F. Weldon c/o First National Bank of Avenales Aviation, Inc . Chicago Reo 50544 Post Office Box 197 One First National Plaza Shandon, California 93461 Chicago, Illinois 60670 Calvin Robert Schoonhven William L. Wallen, III 1320 South Oak Knoll 899 Skokie Boulevard Pasadena, California 91106 Chicago, Illinois 60062 Nathaniel Robbins Rebecca T. Ayers Mary D. Robbins 21 Lakewood Drive 5023 Woodale Lane Racine , Wisconsin 53402 Edina, Minnesota 55424 Eugene D. Mandel George Cook Jordan Helen W. Mandel Elizabeth B. Jordan 360 North Bedford Drive 801 West 57th Street Room 417 Kansas City, Missouri 64113 Beverly Hills , California 90210 Richard W. Hansen Betty J. Weiss Joanne B. Hansen Post Office Box 1595 2 South 502 Heaton Drive Aspen, Colorado 81612 Batavia, Illinois 60510 Walter Herbst De Walt H. Ankeny, Jr. Sandra Herbst 930 Dain Tower 86 Salem Lane Minneapolis, Minnesota 55402 Evanston, Illinois 60204 John D. Kousi Robert A. Grich Edward A. Danohy 210 Bennett Avenue Patricia Danohy Long Beach, California 90803 127 Chester Avenue Garden City, New Jork 11530 William Kennel 1318 Melbrook Drive Colorado Leasing Properties Munster, Indiana 46321 23800 West Eight Mile Road Southfield, Michigan 48034 Joseph S. Ehrman c/o Sidley & Austin Robert M. Price , Jr. One 1st National Plaza c/o B. R. Oberle Suite 320 6204 Saint Albans Circle Chicago, Illinois 60603 Edina, Minnesota 55435 9. + r George M. Walker Nicholas and Marlene Bockwinkel 2461 Shannon 3639 Virginia Northbrook, Illinois 60062 St. Louis , Missouri 63118 Benjamin Greene John L. Frey 50 Hazel Avenue 415 South Spring Street Highland Park , Illinois 60035 Aspen, Colorado 81611 Daniel Brook Bartlett Martin Greenberg Edward Wayland Bartlett Village Squire 606 West 49th Terrace Main Street Kansas City, Missouri 64112 Westport, Connecticut Holligan Prop. Kurt L. and Alice M. Curtis 23820 West Eight Mile Road 117-03 Curzon Road Southfield, Michigan 48075 Kew Gardens , New York 11418 Winston A. Puig Ann Amabile Suite 101A Post Office Box 2794 1900 North Oregon Aspen, Colorado 81612 El Paso, Texas 79902 John W. Little Grant Brothers Post Office Box 15025 500 Coffman Street Aspen, Colorado 81612 Post Office Box 948 Longmont, Colorado 80501 R. W. and Bury Stolz 815 4th S.E. Frank K. Griesinger Jamestown, North Dakota- 5840.1 Suite 1412 Superior Bldg. Cleveland, Ohio 44114 John M. Custer 1020 East Durant, #302 W. Baker McAdams Aspen, Colorado 81611 Penelope E. McAdams 711 Louisiana Richard J. Reynolds Suite 700 Post Office Box 7013 Houston, Texas 77002 Aspen, Colorado 81612 Jennie Cowling Donald R. and Judy Wrigley Earl Cowling Post Office Box 3399 939 East Cooper Avenue Aspen, Colorado 81612 Aspen, Colorado 81611 Margaret Bonar Day Sepp H. Kessler Post Office Box 923 Jane Kessler Aspen, Colorado 81612 Post Office Box 33 Aspen, Colorado 81612 Boomerang, Ltd. 500 West Hopkins Louise M. Frisby Aspen , Colorado 81611 Post Office Box 15024 Aspen , Colorado 81612 J. Bradley and Salley B. Gibson Leslie T. Gilkerson 1020 East Durant Avenue , Apt . 101 Aspen, Colorado 81611 10 . MEMORANDUM TO : Building Department - Bill Drueding, Stan Stevens FROM : Alan Richman , Planning Office RE : Ute City Place DATE : January 12 , 1983 I have been informed that you have received an application for a building permit for the Ute City Place on Cooper Avenue between West End and Cleveland Streets (Lots C , D , E , F and G, Block 118 , City of Aspen) . This project competed successfully in the residential GMP in 1981 and was awarded 8 free market and 14 employee units . During the subsequent subdivision review process for this project in 1981 , the City of Aspen adopted a moratorium on residential development in the RNiF zone . Since this project had been in the process well in advance of the moratorium, City Council granted it an exemption from the provisions of the moratorium by a resolution adopted on September 28 , 1981 . As you are well aware , City Council eventually adopted changes to the area and bulk requirements in the residential zones as an outcome of the moratorium in the RMF zone district . In the opinion of the Planning Office , the exemption from the moratorium granted to the Ute City Place project also carries over to any application of the new area and bulk requirements . We believe that it is only fair to process this application for a building permit under the prior regulations since it was originally submitted under the GMP in good faith and subject to these restrictions . Unless we receive any instructions to the contrary , T�,e would recommend that you follow this procedure in your review of this application. Please let me know if you need any additional materials from our files as you process this application. cc : Sunny Vann Paul Taddune MEMORANDUM TO: Aspen Planning and Zoning Commission FROM: Alan Richman, Planning Office RE: Ute City Place Preliminary Plat, RBO, Exemption of Employee Units from GMP and Condominiumization DATE: June 11,_ 1981 Zoning: R-MF Lot Size: 15,000 square feet Location: 923 and 909 Cooper Street (Lots C, D, E, F and G, Block 118, City of Aspen) between West End and Cleveland Avenues. Background: This project is one of three which received an allocation during the 1981 Residential GMP Competition. The applicant satisfied the requirements of conceptual presentation before P & Z with the original GMP submission and received conceptual approval before Council on March 23, 1981. The conditions of that approval were as follows: 1. The applicant agreeing to provide an 8" water system inter- connect on Cleveland between Hyman and Cooper by working out an equitable arrangement with the Water Department prior to review for preliminary plat; 2. The applicant meeting the conditions of the City Engineer concerning the variance for a curb cut on Cooper Street, including, - that the curb cut will only be used as an entry to the site, with the exit being through the alley and signs being erected for this purpose, - that signs be erected indicating right turn only from Cooper and no left turn from Cooper, - that all signs shall be erected at the owner's expense and shall be approved by the City, - that the owner shall apply to the State DOT in Glenwood Springs for approval of a driveway permit on Highway 82. 3. The applicant providing a sidewalk the length of the pro- perty along Cooper Street. 4. The applicant installing fireplaces designed with energy conservation in mind and limiting the number of installa- tions to minimize air pollution impacts; and 5. The applicant giving further consideration to landscaping, massing and bulk and their relationship to the request for Residential Bonus Overlay at the preliminary plat stage of the review process. 6. Inspection of the site by the Building Inspector to assess the movability of the historic structure and to report to the Planning Office as to the results of that unit. Applicant's Request: Based on the Planning Office efforts to streamline the review process for projects which have received a GMP allocation, the applicant is requesting the following concurrent reviews: 1. Preliminary plat subdivision Memo: Ute City Place Preliminary Plat, RBO, Exemption of Employee Untis from GMP and Condominiumization June 11, 1981 Page Two 2. Rezoning to Residential Bonus Overlay. 3. Exception from subdivision to exempt the employee units from the GMP. 4. Exception from subdivision for condominiumization. The applicant proposes to build 22 units, including 12 units deed restricted to low income guidelines, 2 units deed restricted to moderate income guidelines and 8 free market units, as originally proposed in the GMP application. Review of Requests: The Planning Office has assembled the review comments of the various referral agencies and will address each of the dis- crete requests of the applicant. 1. Preliminary Plat Subdivision The application has address each of the six conditions placed on the conceptual subdivision approval as follows: a) The applicant has provided a letter dated June 5, 1981, attached for your review, confirming the agreement reached between the applicant and the Water Department regarding two alternatives for payment of the 8" interconnect on Cleveland between Hyman and Cooper. b) The Applicant has agreed to meet the conditions of the City Engineer concerning the variance for a curb cut on Cooper Street. c) The applicant has agreed to provide a sidewalk the length of the property along Cooper Street. d) The applicant has agreed to limit fireplaces to eight of the units and to design them with energy conservation in mind. e) The applicant proposes to plant Aspen and Evergreen trees, shrubs and grass sod as landscaping. These features are shown on the plat itself. Massing and bulk concerns are addressed in relation to the request for RBO. f) The applicant has provided a memo from Herb Paddock, dated April 22, 1981 and attached for your review, that the building at 923 East Cooper would be impossible to move and, if left at its present location, should be abated as a dangerous building. The demolition permit was therefore issued and the building was subsequently demolished. Other significant aspects of the preliminary plat include: - The plat shows 26 parking spaces for the 26 bedrooms, resulting in no need to waive the parking requirements for the zone. - The applicant proposes the drainage be provided by means of transfer to gravel sumps in the alluvial subsoil , as proposed in the initial application. - The site is within walking distance of the central business district. No major negative comments were received by the Planning Office regarding this application. In fact, the reviewing Engineer and City Attorney commented that the application was among the finest either had ever reviewed. The only new condition resulting from Memo: Ute City Place Preliminary Plat, RBO, Exemption of Employee Units from GMP and Condominiumization June 11, 1981 Page Three this review came from the City Electric Department which made the following comment: 1. The applicant should provide the load requirements for electric service, particularly if electric heat is to be used or not. The Planning Office therefore recommends that you approve the applicant's request for preliminary plat subject to the following conditions: 1. The applicant paying the City its share of the cost of the water system improvement based on the arrangement worked out between the applicant and Jim Markalunas; 2. The applicant meeting the conditions of the City Engineer concerning the variance for a curb cut on Cooper Street, including: - using the curb cut only as an entry to the site, with the exit being through the alley and signs being erected for this purpose; - erecting signs indicating right turn only from Cooper and no left turn from Cooper; - erecting all signs at his own expense and having them approved by the City Engineer prior to their erection; and - applying to the State DOT in Glenwood Springs for approval of a driveway permit on Highway 82; 3. The applicant providing a sidewalk the length of the property along Cooper Street; 4. The applicant providing the City Electric Department with information concerning the required loads for the project, including whether or not electric heat will be used; and 5. The applicant in all other respects following the original proposal outlined in the GMP submission for which points were awarded and an allocation received. 2. Rezoning to Residential Bonus Overlay Applications for rezoning to RBO are permitted in the R-MF zone as long as the parcel meets the minimum lot size of the district, which is 6,000 square feet. Multi-family dwelling units are permitted in the R-MF/RBO if at least one-half of the units are deed re- stricted as employee housing. The applicant meets the minimum area and bulk requirements of the RBO district. The minimum lot area per dwelling unit required for this site is as follows: A studio requires 500 square feet of land. A one bedroom unit requires 625 square feet of land. A two bedroom unit requires 1050 square feet of land. Since the applicant is proposing 6 studios (3000 square feet needed) , 12 one-bedroom units (7500 square feet needed) and 4 two-bedroom units (4200 square feet needed) his total of 14,700 square feet needed is permitted on the 15,000 square foot parcel . Memo: Ute City Place Preliminary Plat, RBO, Exemption of Employee Units from GMP and Condominiumization June 11, 1981 Page Four The applicant also meets the lot width, front, side and rear, yard requirements, maximum height limit (28 feet) and has no open space requirement to meet in this district. The external FAR for this site is 1.25:1, resulting in a maximum FAR of 18,750 square feet. The applicant proposes a total floor area of 15,876.5 square feet. The applicant states that based on the current price guidelines for deed restricted housing, the units would be rent or sold at the following rates: (dumber/Type of Unit Rental Price Sales Price 4 - 568 S.F. studio-low $ 272.45 $34,056.00 2 - 648 S.F. studio-low $ 311.04 $38,880.00 4 -- 818-S.f. -1-bedroom-1 ow - $ 392-.83 $49,104.00 2 - 634 S.F. 1-bedroom-low $ 304.13 $38,016.00 2 - 1135 S.F. 2-bedroom-mod. $ 715.18 $80,599.20 However, the Planning Office notes that according to Section 24-11.4(b)(3)(cc) , units which exceed the maximum square footage limitations for employee units shall be restricted in retail and sales price terms to the appropriate size limitation. As a re- sult, following are the guidelines which should be followed: (dumber/Type of Unit Rental Price Sales Price 4 - 568 S.F. studio - 600 S.F. max. $272.45 $34,056.00 2 - 648 S.F. studio - 600 S.F. max. $288.00 $36,000.00 4 - 818 S.F. 1-bedroom-800 S.F. max. $384.00 $48,000.00 2 - 634 S.F. 1-bedroom-800 S.F. max. $304.13 $38,016.00 2 - 1135 S.F. 2-bedroom-1000 S.F. max. $640.00 $71,000.00 The applicant also suggests that since Council can be expected to revise its guidelines in October, it would be expected that the revised guidelines would be those followed. The Planning Office would instead argue that the guidelines in effect at the time the RBO is granted and the exemption for the employee units from the GMP is approved should be those which are charged at occupancy of the units, much the same as is being required of the Marolt project. The applicant would then be eligible to escalate rents or sales prices on an annual basis within approved rates of the City of Aspen. Section 24-10.9 of the Code provides review criteria for designa- tion of a site within a residential Bonus Overlay District. Each criteria is addressed below. 1. Compliance with PUD statement of purposes - The project will promote more efficient use of land and public streets, utilities and governmental services as infill development which can be easily be serviced. The project achieves a beneficial land use relationship with surrounding areas since it is compatible with the existing multi-family character of the neighborhood. 2. Compliance with any adopted housing plans Since 12 of the units are to be deed restricted to low income guidelines and two units to moderate income guidelines and since the project proposes studios, one and two bedroom units, it contributes to the employee housing mix needed by the City of Aspen. As noted above, the applicant should be required to deed restrict the units to the sales price/rental guide- lines in effect at the time of final approval of the RBO Memo: Ute City Place Preliminary Plat, RBO, Exemption of Employee Units from GMP and Condominiumization June 11, 1981 Page Five and GMP exception by City Council . This criterion also refers to deed restriction against condominiumization of rental units. The applicant should be encouraged to main- tain a mix of rental and sales units to meet this stipula- tion. 3. Construction Quality and Unit Size - The building will involve custom wood frame construction with exterior materials such as redwood or cedar siding and trim. The wood fascia and the sloping roofs will receive a metal with dark brown finish. Many of the units are sized to exceed the maximum limitations of the GMP and since they must nevertheless be priced based on the maximum limitation in square feet, will provide an excellent value to the purchaser or renter. 4. Dispersal of Deed Restricted Units - The project integrates free market and employee units within the same building. The project also integrates employee units into an area which is characterized predominately by free market units. 5. Environmental and Social Iripacts - As an infill development the project should cause minimal impacts on the existing social and environmental fabric of the community. However, P & Z should recognize that in order to provide the maximum number of employee units, the applicant has requested the full doubling of density allowed, resulting in a massive, bulky building encompassing the entire site. 6. Compatibility with Surrounding Land Use - This area consists mostly of multi-family, condominium developments and as such, this project is in keeping with its basic character. 7. Auto Disincentives - This project is located on both the Mountain Valley and Silverking bus routes. It is located within two blocks walking distance of City Market. It also recognizes that residents will nevertheless have cars and so provides one parking space per bedroom. 8. Adequacy of Utilities - Among all the referral comments on this project, the only one which presented any problem was water service. Since the applicant is planning to participate in the improvement of water (and resulting fire protection service) , this one limiting factor should be eliminated. Based on this review of the appropriate evaluation criteria, we recommend that you approve the applicant's request for rezoning to RBO, subject to the following conditions: . 1. The applicant agreeing to stage the rental/,sales prices so that they do not exceed the maximum square footage limita- tions of Section 24-11.4(b)(3)(cc) of the Code; 2. The applicant agreeing to deed restrict the 15 employee units to the appropriate low and moderate income guidelines which are in place at the time of approval of the RBO and exemption from GMP by City Council , with annual price adjustments according to the approved rate of the City of Aspen; and 3. The applicant making every effort to maintain a balance of rental and sale units among the fourteen employee units. Memo: Ute City Place Preliminary Plat, RBO, Exemption of Employee Units from GMP and Condominiumization June 11, 1981 Page Six 3. Exemption of the Employee Units from the GMP Section 24-11.2(f) of the Code provides that review criteria for exemption of employee units from the GMP including "a determina- tion of community needs considering, but not limited to the type of units, and the rental/sale mix of development. The criteria upon which to evaluate the exemption from the GMP of employee units have been addressed in the previous review of the rezoning to RBO. The Planning Office recommends that you approve this request. We recommend that you reiterate the above three conditions which were also for the rezoning while adding the following condition: 4. The applicant providing deed restrictions limiting the six studios and 6. one-bedroom units to low income housing guidelines and occupancy limits and the 2 two-bedroom units to moderate income housing guidelines and occupancy limits. 4. Condominiumization The applicant proposes to condominiumize the 22 units but has not yet determined which of the units will be rented and which will be sold. At the time of application, two units were located on the proposed development site. The house at 923 East Cooper was in poor condition and has been unoccupied for the past five years since its owner died. This unit was demolished following the issuance of a permit by the Building Inspector. The unit at 909 East Cooper was owner occupied until the applicant purchased the property. Since that time, it has been rented on a short term basis at prices which exceed the employee housing guidelines. The applicant plans to demolish this structure as well . The applicant also makes the following statements: - There will be no tenants displaced as a result of condominiumiza- tion. - No tenants have been required to move involuntarily in the last 18 months. - The proposed 14 deed restricted units will result in a net in- crease in the supply of low and moderate income housing. Based on the above review, the Planning Office recommends that you approve the applicant's request for condominiumization, subject to the following condition: 1. The applicant restricting all units to six month minimum leases with no more than two shorter tenancies per year. UTE CITY PLACE (a Condominium Project) 1. Preliminary Plat Approval in Conjunction With Sub- division Procedures Application For : 2 . Rezoning Pursuant to Residential Bonus Overlay District Procedures 3. Special Review to Obtain Exemption of the Employee Housing Units From the Growth Management Plan 4 . Condominiumization so that the Units May be Separately Sold if the Developer so Desires Date of Submission: Project Owners : C. M. Clark and A. G. Kaspar 300 West Bleeker Street Aspen, Colorado 81611 925-6969 Project Architect/Planner: Jack M. Walls Architects Post Office Box 29 Aspen, Colorado 81612 925-3218 Project Engineer/Surveyor: Johnson-Longfellow & Associates -Post Office Box 5547 Snowmass Village, Colorado 81615 923-3496 Project Attorneys: Slemon , Mazza & LaSalle, P.C. 434 East Cooper Street Aspen, Colorado 81611 925-2043 GENERAL DESCRIPTION OF PROJECT and PURPOSES OF APPLICATION The applicants are seeking the appropriate ap- provals so. that they can construct 22 condominium units on a 15 ,000 square foot parcel of land which is located within the original townsite of Aspen, and is presently zoned R-MF. The project is being developed pursuant to the recently adopted Residential Bonus Overlay District provi- . sions of the Aspen City Code and thus , more than one-half of the units to be constructed will be deed restricted as employee housing. The project has already proceeded through and received the appropriate allocation under the 1981 Residential GMP competition. The project has also already received conditional conceptual subdivision approval from the City Council . This application is for concurrent approval under four separate categories in the City Code, all of which are required in order for the applicant to proceed to develop the property in the manner just described: 1. Preliminary Plat Approval in Conjunction With Subdivision Procedures; 2. Rezoning Pursuant to Residential Bonus Overlay District Procedures; 3 . Special Review to Obtain Exemption of the Employee Housing Units From the Growth Management Plan; and 4 . Condominiumization so that the Units May be Separately Sold if the Developer so Desires. This application is organized into four separate sections corresponding to the four separate procedures under which the applicant is seeking approval. 1. PRELIMINARY PLAT APPROVAL Subdivision approval is required in connection with the development of this property due to the fact that it involves the construction of multi-family units which are intended to be condominiumized. In accordance with the City Subdivision Regulations a preliminary plat is being submitted along with this written application. The following information, supplementary to or regarding the information required by Section 20-12 of the Aspen Municipal Code to be submitted on or with the prelimin- ary plat. Reference will be made to the subsection of Sec- tion 20-12 which is being addressed; (a) - (g) -- on plat; (h) The single internal street is shown on the plat. The paved surface on Cooper Street (Highway 82) is 48 feet in width, which includes shoulders. It does not have curb and gutter, but does have shoulders on either side of the road. A sidewalk exists across the street and, in accor- dance with one of the conditions for approval of the conceptual subdivision, the developers will install a sidewalk the length of the property. The existing roads in the area have adequate capacity, and are of adequate condition to handle the additional travel demand to be realized from this develop- ment. The alley to the rear of the site, which is located between Cooper and Durant Streets, has been closed at the east end and is, therefore, a dead-end alley. Since Cooper Street, in this area doubles as State Highway 82 , the City normally prohibits any new curb cuts. However, the City Engineer has approved this curb cut based on Section 19-102 of the Municipal Code which permits the City Engineer to grant a variance in the event of unusual conditions. In granting such a variance the City Engineer set the following conditions (also imposed as a condition to conceptual approval) which the developer has agreed to: 1. The curb cut will be used as an entry only to the condominium project. Signs will be erected indicating that a right turn only will be allowed and that a left turn may not be made into the project by individuals travelling west on Cooper Street (State Highway 82) . 2. Exit will be through the alley and the appro- priate sign or signs will be erected for that purpose; 3. All signs will be erected at the owner ' s expense and shall be approved by the City; 4 . The owner has made necessary application for the driveway permit to the State Department of Transporta- tion in Glenwood Springs to permit the turn from State Highway 82. Drainage from the building roofs will be provided by means of transfer directly to gravel sumps in the alluvial subsoil, thereby feeding the aquifer. It should be noted that development of this property will result in the extension and looping of a major City water line in the area from P. I.F. and will provide greater water pressure fire flows , overall improved water service and fire protection safety for the residents of this portion of town. In conjunc- tion with the GMP application, both Willard C. Clapper, Fire Chief, and Jim Markalunas of the Aspen Water Department, indi- cated that they had no objection to the project and, in addition, that the inner-connect would improve the City water system. (See letters of each entity attached) . (i) The site of the subdivision has very little in the way of existing vegetation or other natural landscape features. Thus, landscaping to be performed by the developer will be extremely important to the final product. Any existing trees on the site will be preserved and protected. If such trees are located in an area where the building is to be located, and if the size of the tree permits , they will be relocated. (j ) The property is located in the original Aspen townsite and is not located within any zone that constitutes a natural hazard area. (k) The architect for the project, Jack Walls, has arranged for a soil report in conjunction with the design of the foundation for the building. With respect to projected traffic generation, the site will contain 26 off-street parking 2. spaces. The property is serviced by Cooper Street which is also Highway 82 . This portion of the street right-of-way is approximately 75 feet in width and the paved surface varies from 45 to 48 feet. Cooper Street functions as a major col- lector street for the east end of Aspen and is also the route for the Mountain Valley and Silverking routes for the Aspen Free Shuttle Public Transportation System. Service for both of these routes operates on a 20 minute cycle. While there are not locally specific numbers available, a national house- hold trip generation number for single family residences in suburban settings is approximately seven one-way trips per day for private vehicular activity. Several facets of this proposed project will mitigate private vehicular travel re- quirements. The site is within easy walking distance of all essential neighborhood commercial and retail services. It is one and one-half blocks, or roughly 350 feet, from City Market and Durant Mall neighborhood center. It is roughly 1,500 feet from the central business district, where expanded commercial facilities are also available. Assuming an esti- mated four one-way trips per day per unit, approximately 88 trips would be generated by this project. However, this number must be discounted by the fact that the property is immediately adjacent to shopping opportunities and is ser- viced literally on the front doorstep by free urban trans- portation. Thus , it would be safe to assume that no signifi- cant traffic generation should be caused by this project. With respect to air pollution, the proximity to services discussed above should discourage use of automobiles , the major cause of air pollution. In addition, one of the condi- tions for conceptual approval was that the applicant install fireplaces designed with energy conservation in mind and that the applicant limit the number of installations in order to minimize air pollution impact. The applicant intends to comply with that condition and hereby represents that less than one- half of the units to be constructed will have fireplaces and those that do will have energy conservation and air pollution minimization features. A meeting was held with both the Planning Department and the Engineering Department prior to the preparation of this application and neither Department requested any additional information. (1) As stated earlier in this application , the extension and looping of a major City water line in contem- plated in connection with this development which both the Water and Fire Departmens have indicated will be a benefit to the residents of this portion of town so there will clearly be no adverse effect upon the surrounding area. Drainage occasioned by runoff from the roof of the building is to be handled by means of transfer directly to gravel sumps in the alluvial subsoil, thereby feeding the aquifer. A preliminary meeting was held with both the Planning and Engineering Departments and no additional information was requested. (m) Site Data Tabulation - The project is located in a R-MF zone and consists of five 30 feet by 100 feet lots totalling 15 ,000 square feet of land. A total of 22 condo- minium units are proposed for the site., 14 of which are employee housing units and 8 of which are free market units. 26 on-site parking spaces are provided and those parking spaces are shown on the plat. The size and type of dwelling units are broken down as follows: 3. EMPLOYEE UNITS FREE MARKET UNITS Low Income 4 - 568 s/f studios 6 - 1096 s/f one bedroom 2 - 648 s/f studios 2 - 1316 s/f two bedrooms 4 - 818 s/f one bedroom 2 - 634 s/f one bedroom Moderate Income 2 - 1135 s/f two bedrooms There is no requirement for open space in the R-MF zone district. See Section 24-3. 4 of the Aspen Municipal Code. (n) Most of the information called for in this subsection appears on the plat. With respect to landscaping the main areas to be landscaped consist of the area fronting on Cooper Street, and in the below-grade garden court areas. 1. The area between the north property line and the new sidewalk will have a combination of Aspen and ever- green trees , mainly Aspen , planted. Trees and shrubs will be planted at the north end of the parking area to partly screen the parking from Cooper Street. The remaining area will be sodded with grass. 2 . The area between the sidewalk and the proposed curb line on Cooper Street will be planted with grass sod. 3. The below-grade garden court areas will be land- scaped with a combination of Aspen trees, shrubs and grass sod. Concrete sidewalks will be installed to provide access to each unit. (o) A zoning change is being requested in conjunc- tion with this application which would change classification of all of the property which is the subject of this applica- tion (Lots C, D, E, F and G in Block 118 , City of Aspen) from R-MF to the zoning designation Residential Bonus Overlay District. (p) The names and mailing addresses of the owners of adjacent properties as obtained from the Assessor ' s office for Pitkin County is appended to this application. 2. REZONING (To Residential Bonus Overlay District) Application is hereby made pursuant to the provi- sions of Article X of the Aspen Municipal Code which provides for Residential Bonus Overlay Districts. That Article was added to the Aspen Municipal Code by Ordinance No. 16 , 1980 , and the purpose stated at the outset of the Article in Section 24-10-1 " . . to provide for present and future housing needs of the community by authorizing the development of bona fide low, moderate and middle income housing free from speculative investment influence and for primary residential use by local 4 . residents. " It is submitted by the applicant that this project complies with each and every requirement contained in that Article and that as such it is appropriate that the property in question be rezoned from R-MF to Residential Bonus Overlay District. A. The project complies with all of the techni- cal requirements contained in Article X. Section 24-10. 4 Permitted Uses. The project is a multi-family dwelling unit which is a permitted use in the Residential Bonus Overlay District, which will be superimposed over a site within the R-MF zone district. Section 24-10 .5 Area and Bulk Requirements. (a) The minimum lot area in the R=MF zone is 6 ,000 square feet, the subject site consists of 15 ,000 square feet. (b) Since one-half or more of the dwelling units are deed restricted within the terms of Section 24-11. 4 (b) (3) , then the minimum lot area per dwelling unit as outlined in Section 24-10 . 5 (b) (5) shall be followed. 1. Studio Unit. . . . . . 500 s/f of land 2 . One Bedroom Unit . . . 625 s/f of land 3 . Two Bedroom Unit . . 1 ,050 s/f of land Therefore, the breakdown of the number and types of units are as follows : 12 - 1 Bedroom Units @ 625 s/f = 7 ,500 s/f 4 - 2 Bedroom Units @ 1050 s/f = 4 ,200 s/f 6 - Studio Units @ 500 s/f = 3 , 000 s/f TOTAL LAND AREA = 14 ,700 s/f The above total of 14 ,700 square feet is less than the allowed maximum of 15 ,000 square feet. (c) The minimum lot width need only be 60 feet. The widths of the lots in question which constitute the site , total 150 feet. (d) The minimum front, side and rear lot require- ments of 10 , 5 and 10 feet, respectively, have been observed. (e) The maximum height of 28 feet has been observed. (f) There are no accessory buildings and there is no requirement for open space in the R-MF district. (g) Because more than one-half of the dwelling units to be constructed on the site will be deed restricted in the terms of Section 24-11.4 (b) (3) , the maximum external floor area ratio shall be 1. 25 :1. The calculation is as follows : Site Area = 15,000 s/f Maximum F.A.R. = 15,000 s/f x 1.25 = 18,750 s/f First Floor = 4 , 897 s/f Second Floor = 5 , 997.5 s/f Third Floor = 4 , 982 s/f Total Floor Area = 15 ,876 .5 s/f 5. The above total of 15 ,876 . 5 square feet is less than the allowed maximum of 18 ,750 square feet. Section 24-10 . 7 (a) Section 24-10 . 7 permits the application for designation of the site as an area within a housing overlay district to be made at any time during the year. (b) (1) The preliminary plat being submitted in conjunction with the subdivision process is intended to also serve as the site plan required by the said Section 24-10.7. Elevations and floor plans which were submitted with the Growth Management Plan application (and are attached hereto) , together with the preliminary plat being submitted herewith should be sufficient to satisfy the requirement that material described under Section 24-8 . 7 (d) and (e) of the Code be submitted along with the application for designa- tion of the site as a Residential Bonus Overlay District. (b) (2) A description of the total number of dwelling units categorized by type, square footage, number of bedrooms and baths has been set forth earlier in this application under the subdivision portion thereof. The construction method to be utilized will be custom wood frame construction. With respect to the employee housing units, the rental and sales prices established by the City Council and in effect at this time would make the projected sales prices and monthly rentals as follows : Rental Type of Unit Price Guidelines Rental Per Unit 4 568 s/f Studios . 48 rer s/f (low 272 . 45 income) 2 648 s/f Studios . 48 per s/f 311. 04 4 818 s/f One Bedroom .48 per s/f 392. 83 2 634 s/f One Bedroom .48 per s/f 304 . 13 2 1135 s/f Two Bedroom .63 per s/f (moderate 715 . 18 income) Sales Prices 4 568 s/f Studios $60 . (low income) 34 ,056 . 00 2 648 s/f Studios $60 . 38 ,880 .00 4 818 s/f One Bedroom $60 . 49,104 . 00 2 634 s/f One Bedroom $60 . 38 ,016 . 00 2 1135 s/f Two Bedroom $71 . per s/f 80 ,599. 20 (moderate income) Since the Council is expected to revise its current guidelines in October of this year, prior to occupancy of the units , it would be expected that the revised guidelines would be those followed. With respect to the free market units , the following represents the projected sales prices (no rentals are anti- cipated) : 6 1096 s/f One Bedroom Sales Price $274 ,000 per unit 2 1316 s/f Two Bedroom Sales Price $361,900 per unit 6 . While C. M. Clark and A. G. Kaspar are joint owners of the project, C. M. Clark is the managing partner and should be considered the developer. His experience as a developer is as follows : 1 . Developed three subdivisions, two in Indian Hills, Colorado, and one in Aspen (Pitkin Mesa) for a total of 139 single family, multi-family, commercial and individual lots. 2. Constructed approximately $70 million dollars worth of buildings as a general contractor, including Pomegranate Inn, Holiday Inn, Snowmass Commercial Core Area, and approximately 150 multi-family units in the Aspen area. 3. Developer and owner of Courthouse Plaza Building. 4 . Developer, owner and builder of numerous single family and duplex homes through the Aspen area. B. The project satisfies the review criteria con- tained in Section 24-10. 9 of the Municipal Code. Criteria (a) requires that the City Council find that the proposed development is appropriate for the neighbor- hood considering architectural design, bulk and density. Neighborhood means an area four blocks in length (2 blocks on either side of the site or area) . The neighborhood in which this project is located consists primarily of other multi-family or townhouse projects and some commercial uses (City Market and adjacent commercial buildings) . The property is bordered by a six unit condominium project on the west, a 20 unit condominium project on the south and a triplex and commercial project on the east. As stated earlier in this application , its architectural features will include custom wood frame construction with exterior materials including stained redwood or cedar tongue-and-groove wood siding, with stained redwood or cedar trim. The wood fascia and the sloping roofs will receive a metal with dark brown finish. All of the architectural aspects mentioned above will comple- ment the construction presently in the neighborhood. There- fore , with respect to its bulk, density and design, it is eminently appropriate for the neighborhood. The project will achieve the following other purposes included in review criteria: 1. It complies with most of the planning and development statement of purposes as set forth in Section 24-8 . 1 of the Municipal Code. 2 . Its emphasis on deed restriction for low and moderate income housing (14 of the 22 units) obviously ad- dresses a major goal of the City with respect to the addition of employee housing. 3 . The architectural design maximizes construction quality and unit size. 4 . Because the project integrates within a single building, deed restricted and free market units, and is in a neighborhood of exclusively free market units, it obviously aids in geographic disbursal of deed restricted units. 5 . Since the development is in an area of similar developments and close to the commercial core area, there is a minimization of adverse environmental and social impacts. 6 . As stated above, because of the area in which 7. it is located, the project is compatible with surrounding land uses and zoning. 7. Since it is located on that portion of Highway 82 which doubles as Cooper Street and as was demonstrated in the Growth Management Plan submission, the project is located on both the Mountain Valley and Silverking bus routes, thus providing immediate proximity to transportation and since it is located only two blocks from the commercial core area of Aspen, it clearly will discourage the necessity of automobile use and yet its on-site parking spaces provides on-site storage of automobiles which can be expected to be brought to town by the project 's residents. 8 . The adequacy and availability of utilities has been shown in the Growth Management Plan submission and in the subdivision portion of this application, and in addi- tion it has been shown that the project will actually result in better water service for its neighborhood because of the eight inch inner-connect to the water system. 3. SPECIAL REVIEW (FOR EXEMPTION OF EMPLOYEE HOUSING UNITS FROM THE GROWTH MANAGEMENT PLAN General Statement. Section 24-11. 2 of the Munici- pal Code contains the permissible exceptions to the Growth Management guota system. 24-11.2 (h) exempts housing units constructed pursuant to Section 24-11 . 10 , subject to the special approval of the City Council upon the recommendation of the Planning and Zoning Commission. Section 24-11.10 describes employee housing as low, moderate and middle income housing units approved under the provisions of Section 24-11.4 (b) (3) . Section 24-11.4 (b) (3) is the provision within the Growth Management quota plan whichprovides points for low, moderate and middle income housing mix within a residential development which goes through the Growth Management Plan process. This development has gone through the Growth Manage- ment Plan process and its free market units have been approved under the appropriate provisions, thus it is now appropriate for the Planning and Zoning Commission and City Council to consider exempting the employee units from the Growth Manage- ment Plan under the exemption process described above. According to Section 24-11.2 , the review criteria which the Planning and Zoning Commission and City Council should use in approving the exemption shall include the following: "A determination of community needs considering but not limited to the number of units to be constructed, the type of units , and the rental/sale mix of the development. " As stated above, the number of employee units to be constructed is 14 of the total of 22 units. It is cer- tainly worth noting that since the Growth Management Plan quota system has been implemented by the City, few, if any, employee units have been constructed pursuant to the provi- sions of that plan. Thus , it would seem clear that there is a continuing community need for the construction of such units. The applicant herein has targeted June 1 , 1981, for the commencement of the construction of these units, subject, of course , to completion of the approval process. Thus, if the Planning and Zoning Commission and City Council grants this exemption, construction of badly needed employee units will take place immediately (construction financing for the project has already been secured) . This is not a situation where the developer merely seeks to accumulate quotas for future construction. In the mix of units the developer has emphasized 8 .- low and moderate employee units (there are no middle income units in the project) and in fact, the vast majority of the units (12) are low income units. Only two of the employee units proposed will be moderate income units. With respect to the rental/sale mix of the development, the developer would prefer to retain maximum flexibility with respect to that matter and to make the decision as to whether or not and when to sell the units depending on his particular needs and requirements from time to time. It should be noted that C. M. Clark, the developer of this project, has been primarily engaged in the business of holding real property for rent on a long-term basis to local employees for the past 15 years. He is presently the owner of 61 units which are rented on a long-term basis by some 160 employees. It is his intent to continue through this project the business of holding real estate for rent. However, it does become necessary from time to time for him to sell some units and thus, it is dif- ficult for him to predict at this point in time exactly how many units will be sold and how many will be held for rent. However, it seems clear from recent housing studies that both rental and sale units are in high demand. Based on the above, it is respectfully requested that the Planning and Zoning Commission and City Council ap- prove the exemption of the employee units of this project from the provisions of the Growth Management Plan. 4 . CONDOMINIUMIZATION Application is hereby made for condominiumization of the 22 units which are proposed to be built on the site which is the subject matter of this application. Most of the provisions of Section 20.22 of the Municipal Code regarding condominiumization are inapplicable to this situation since new construction is involved. However , there are two existing structures on the property which the applicant intends to demolish prior to construction of the new building. The con- cerns with respect to existing tenants and a supply of low and moderate housing do not apply to the existing houses since they have never been rented long term, and since the project provides for 14 low and moderate income units, the supply of such housing will actually be increased by the approval of this condominiumization. (a) The premises known as 923 East Cooper Street is an old structure which has no heat, no plumbing, no founda- tion and has been unoccupied for the past five years since its owner died. The owner was the only occupant prior to that time. Thus, it had never been rented. The premises known as 909 East Cooper Street was owner-occupied until the applicant bought the property and since that time the only rental has been on a short-term basis and the premises have been unoccupied since the last short-term tenancy which ended in April of 1981. (b) As can be seen from the information submitted in connection with the other aspects of this application , 14 of the 22 units proposed to be built on the site will be deed restricted as either low or moderate income employee units . Addressing the criteria stated in Section 20-22 : 1. There will be no tenants displaced as a result of condominiumization. 2 . No tenants have been required to move in the 9. e preceding 18 months prior to the application. 3. 64% of the condominium units will be deed restricted so that they can only be sold or rented according to low and moderate income guidelines. 4 . Because of the above-mentioned deed restric- tion, the rental price of 64% of the units to be constructed cannot be increased after condominiumization except pursuant to the applicable guidelines. 5. Since there are no tenants being displaced, relocation need not be considered. 6 . At this point in time the applicant' s plans are not settled as to whether any or all of the units will be sold or rented. CONDITIONS OF CONCEPTUAL APPROVAL The following six conditions were imposed on the applicant in connection with receipt of conceptual subdivision approval: 1. The applicant agreeing to provide an eight inch water system interconnect on Cleveland between Hyman and Cooper by working out an equitable arrangement with the Water Department prior to review for preliminary plat. 2 . The applicant meeting the conditions of the City Engineer concerning the variance for a curb cut on Cooper Street. 3. The applicant providing a sidewalk the length of the property along Cooper Street. 4 . The applicant installing fireplaces designed with energy conservation in mind and limiting the number of installations to minimize air pollution impacts. . 5. The applicant giving further consideration to landscaping, massing and bulk and their relationship to the request for Residential Bonus Overlay at the preliminary plat stage of the review process. 6 . Inspection of the site by the Building Inspector to assess the movability of the historic structure and to report to the Planning Office as to the results of that visit. The present status of those conditions is as follows: Condition 1 - The applicant is in the process of arriving at an equitable arrangement with the Water Department and will have done so prior to the hearing on the preliminary plat. Condition 2 - The applicant has agreed to all aspects of this condition and has applied to the State Department of Transportation for a driveway permit. Condition 3 - Sidewalk will be constructed. Condition 4 - Only eight of the 22 units will have fireplaces and those will have energy conservation features by virtue of being generating, outside air fireplaces capable of heating a major portion of each unit. 10 . Condition 5 - Addressed in the subdivision portion of this application. Condition 6 - A memorandum is attached to this application from Herb Paddock, the Building Inspector, indicating that he inspected the residence, found that the structure was impossible to move and that in fact if left at its present location, it should be abated as a dangerous building. See attached. The applicant has, as a result of that memorandum, applied for and received a demolition per- mit and plans to demolish the structure in the near future . SUMMATION It is submitted that the applicant has comprehen- sively addressed and complied with all of the requirements of the four separate procedures under which the applicant is seeking approval. The applicant wishes to call to the attention of the Planning Office, Planning and Zoning Commis- sion and the City Council that it is the applicant 's desire to complete the construction of this project by December of this year so that it can be fully occupied next winter . In order to attain that goal it is vital that construction on the project begin as soon as possible, preferably no later than June, 1981 . It should be noted that there is a signi- ficant overlapping in the information and other requirements contained in these four procedures and the Growth Management quota -plan approval process which the applicant has just successfully completed. Bearing in mind the time constraints for construction in this area, the overlap in the information required in the various approval processes and the desire on the part of City Government to provide low and moderate in- come housing which the community so badly needs and this project will provide (in a manner which features on-site integration of free market and employee units at a location with a proximity to services which in itself will act as an auto-disincentive) it is respectfully requested that this application be processed with the utmost speed possible under the circumstances. 11. C O O P E R 8 T R E E T N r - EMPLOYEE UNITS PROP. LINE f 4 1 BEDROOM APARTMENTS W - F -8- �4� S EACH \ r 2 — 1 BEDROOM APARTMENTS �. R D E N - �� Uf\R�ya.0 I � (m +( -6-3-3.6 SF EACH O LIV LIV LIV LIV 0 LIV LIV J KIT KIT KIT KIT U KIT KIT ( J .1 . j 2 W OR OR a .R OR ■R OR O R D N C O u R `� I vwov. LIME A L L E Y o a 16 GARDEN LEVEL PLAN O P E R 8 T R E E T RIGHT TURN ONLY c 0 EMPLOYEE LI 4�1 u N ITS 2 — 2BEDROOM APARTMEN TS 1-3-3rw—.2 SF EACH 0 4 — STUDIO APARTMENTS W� ir SF EACH (3 to I —"- Ni 13 s -1 10 LIV LIV LIV KIT KIT KIT KIT J iVEST /-T 8 SLEEP SLEEP rd N r e B SLEEP SLEEP B R 4 4 S R IL tu KIT KIT 7L Ix S R i I ►� a =.�13d 8 R LIV LIV B -°qR 'u PI T-- .......... lz P A R K P 0 1111 .101 -9 1 6 1, 3 21 -7 4 lsc' o" L EXIT .4-- ---- FIRST FLOOR PLAN C O O P E R 8 T R E E T T�7 N EMPLOYEE UNITS U 2 — STUDIO APARTMENTS W j! -"0 SF EACH FREE MARKET TOWNHOUSE UNITS O 14 15 76 77 18 l 6 - 1 BEDROOM APARTMENTS O i 1095.6 SF EACH LIV OR BR OR OR � Y 3 2 — 2 BEDROOM APARTMENTS ifif p 7 1316.2 SF EACH 0 J B KIT .'�1� j W „� O E �B. E El B, E C O R R 1 D O R N w ,-4 E �B E E �B B E j J KIT 4 U � � z '. o W 2 a LIV BR BR OR OR Y Q 13 19 20 21 22 a a n El Q P A R K I N 0 B E L O W A L L E Y 0 5 i6 SECOND FLOOR PLAN C O O P E R B T R E E T FTI I H H u N W 'j ! 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COOPER � , I ALLEY y , BRIDDE IT. LIVING BATH BED RM. Q 0 SCALE °`,,�5 is LIVING SECTION J O m U w KIT. BATH BATH KIT. a ORSQ. B. B. DRBO. o Wes, 7(, II ����� ��I�� �� � ■ _ it KIT. BATH BATH KIT. � L2 'II LIVING BA BED RM. Z SCALE 0.��„15 �i6 UTILITY SECTION I 1 t i t t hi W r la k ,a s . t,. j .,a.., _ I L TY LA E G . M . P . SUBMISSION MEMORANDUM TO: Aspen City Council FROM: Alan Richman, Planning Office RE: Ute City Place Residential Bonus Overlay Rezoning/Final Plat/Exemption of Employee Units from GMP/Condominiumization DATE: August 4, 1981 APPROVED AS TO FOR : Zoning: R-MF Lot Size: 15,000 square feet Location: 909 and 923 East Cooper Street (Lots C, D, E, F and G, Block 118, City of Aspen) between West End and Cleveland Avenues. Background: This project is one of three which received an allocation during the 1981 Residential GMP competition. The applicant satisfied the requirements of conceptual presentation before P & Z with the original GMP submission and received conceptual approval before Council on March 23, 1981 . The applicant then returned to P & Z with the following concurrent requests: 1 , Preliminary Plat Subdivision 2. Rezoning to Residential Bonus Overlay 3. Subdivision Exception to exempt the employee units from the GMP, 4. Subdivision Exception for condominiumization P & Z recommended approval of each of these requests at their meeting on June 23, 1981 .. Applicant's The applicant is requesting final approval from City Council of Request: the four reviews listed above. The applicant proposes to build 22 units, including 12 units deed restricted to low income guide- lines and occupancy limitations, 2 units deed restricted to moderate income guidelines and occupancy limitations, and 8 free market units, exactly as originally proposed in the GMP applica- tion, The request to rezone the site to Residential Bonus Overlay should be processed by Council in the same fashion as any other request by a private landowner to rezone his land, with the exception that RBO requests may be heard at any time during the year. The RBO must, therefore, be heard as an ordinance to amend the zoning map and requires two readings for adoption. You approved Ordinance 38, series of 1981 which rezones this site from R-MF to R-MF/RBO on first reading at your meeting on July 13, 1981 . To assist you in your final review of the RBO, the Planning Office will repeat below the information included in that initial review. RBO Review Applications for rezoning to RBO are permitted in the R-MF zone Criteria: as long as the parcel meets the minimum lot size of the district, which is 6,000 square feet. Multi-family dwelling units are permitted in the R-MF/RBO if at least one-half of the units are deed restricted as employee housing. Memo: Ute City Place Residential Bonus Overlay Rezoning/Final Plat/ Exemption of Employee Units from GMP/Condominiumization Page Two August 4, 1981 Th,e applicant meets the minimum area and bulk requirements of the RBO district. The minimum lot area per dwelling unit required for this site is as follows: A studio requires 500 square feet of land, A one bedroom unit requires 625 square feet of land. I A two bedroom unit requires 1050 square feet of land. Since the applicant is proposing 6 studios (3,000 square feet needed) , 12 one-bedroom units (7,500 square feet needed) and 4 two-bedroom units (4,200 square feet needed) his total of 14,700 square feet needed is permitted on the 15,000 square foot parcel . Council should recognize, how- ever, that without the RBO the permitted density on the site would be half of that shown above and would allow the applicant to build, for example, only 12 one-bedroom units, or six studios and 4 two-bedroom units or 6 studios and 6 one-bedroom units. This RBO request, as can be seen, does represent a maximizing of allowable density on the site. The applicant also meets the lot width front, side and rear, year requirements, maximum height limit (28 feet) and has no open space requirement to meet in this district. The external FAR for this site is 1.25:1, resulting in a maximum FAR of 18,750 square feet. The applicant proposes a total floor area of 15,876.5 square feet. The applicant states that based on the current price guide- lines for deed restricted housing, the units would rent or be sold at the following rates: Number/Type of Unit Rental Price Sales Price 4 - 568 S.F. studio - low $ 272.45 $34,056.00 2 - 648 S.F. studio - low $ 311.04 $33,830.00 4 - 818 S.F. 1-bedroom - low $ 392.33 $49,104.00 2 - 634 S.F. 1-bedroom - low $ 304.13 $38.016.00 2 - 1135 S.F. 2-bedroom - mod. $ 715.18 $80,599.20 However, the Planning Office notes that according to Section 24-11.4(b)(3)(cc), units which exceed the maximum square footage limitations for employee units shall be restricted in retail and sales price terms to the appropriate size limitation. As a result, following are the guidelines which should be follows: Rental Sales Number/Type of Unit Price Price 4 - 568 S.F. studio-low - 600 S.F. max. $272.45 $34,056.00 2 - 648 S.F. studio-low - 600 S.F. max. $288.00 $36,000.00 4 - 818 S.F. 1-bedroom-low - 800 S.F. max. $384.00 $48,000.00 2 - 634 S.F. 1-bedroom-low - 300 S.F. max. $304.13 $38,016.00 2 -1135 S.F. 2-bedroom-mod.-1000 S.F. max. $640.00 $71,000.00 The applicant also suggests that since Council can be expected to revise its housing price guidelines in October, prior to occupancy of the units, that the rental/sale prices for these units should be those for new units which you will adopt at that time. However, historically, if a project has been approved prior to the revision of the guidelines, it only receives the price increase given to existing units and not those for new units. The annual price increases Memo: Ute City Place Residential Bonus Overlay Rezoning/final Plat/ Exemption of Employee Units from GMP/Condominiumization Page Three August 4, 1981 over the past two years have been 17% for new construction and 9% for existing structures, adopted in the fall of 1979, and 14.5% for new construction and 8% for existing structures approved last October. The Planning Office recommends that the housing price guidelines for this pro- ject be those in effect at the time that RBO rezoning is approved and that the project be eligible for a housing price increase as an existing structure when annual revisions are made this fall . Section 24-10.9 of the Code provides review criteria for designation of a site within a residential Bonus Overlay District. Each criteria is addressed below. 1. Compliance with PUD statement of purposes - The project will promote more efficient use of land and public streets, utilities and governmental services as infill development which can be easily be serviced. The project achieves a beneficial land use relationship with sur- rounding areas since it is compatible with the existing multi-family character of the neighborhood. 2. Compliance with any adopted housing plans - Since 12 of the units are to be deed restricted to low income guide- lines and two units to moderate income guidelines and since the project proposes studios, one and two bedroom units, it contributes to the employee housing mix needed ' by the City of Aspen. As noted above, the applicant should be required to deed restrict the units to the sales price/rental guidelines in effect at the time of final approval of the RBO by City Council . Finally, since the annual housing survey indicates a need for low income units which are available for purchase rather than rental , the applicant's proposal to condominiumize the units is also in keeping with adopted housing plans. 3. Construction Quality and Unit Size - The building will involve custom wood frame construction with exterior materials such as redwood or cedar siding and trim. The wood fascia and the sloping roofs will receive a metal with dark brown finish. Many of the units are sized to exceed the maximum limitations of the GMP and since they must nevertheless be priced based on the maximum limitation in square feet, will provide an ex- cellent value to the purchaser or renter. 4. Dispersal of Deed Restricted Units - The project inte- grates free market and employee units within the same building. The project also integrates employee units into an area which is characterized predominately by free market units. 5. Environmental and Social Impacts - As an infill develop- ment the project should cause minimal impacts on the existing social and environmental fabric of the community. Council should recognize that in order to provide the maximum number of employee units, the applicant has requested the full doubling of density allowed, resulting in a massive bulky building encompassing the entire site. However, the design does employ a sunken courtyard effect to offset the size of the building. 6. Compatibility with Surrounding Land Use - This area consists mostly of multi-family, condominium developments and as such, this project is in keeping with its basic character. Memo: Ute City Place Residential Bonus Overlay Rezoning/Final Plat/ Exemption of Employee Units from GMP/Condominiumzaton Page Four August 4, 1981 7. Auto Disincentives - The project is located on both the Mountain Valley and Silverking bus routes. It is located within two blocks walking distance of City Market. It also recognizes that residents will never- theless have cars and so provides one parking space per bedroom. 8. Adequacy of Utilities - Among all the referral comments on this project, the only one which presented any pro- blem was water service. Since the applicant is planning to participate in the improvement of water (and resulting fire protection service) , this one limiting factor should be eliminated. Planning Office Recommendation: Based on this review of the appropriate evaluation criteria we recommend that you approve Ordinance 39 , Series of 1981, on second reading. Council Action: Should you concur with the Planning Office recommendation, the appropri'ate motions are as follows: "Move to read Ordinance 38, Series of 1981" "Move to approve Ordinance 38, Series of 1981" Additional The Planning Office has reviewed the other three concurrent Concurrent requests by the applicant and will present the issues in- Requests: volved and the recommendations for each individually. 1 . Final Plat Submission The applicant has submitted a Subdivision Agreement which specifies the manner in which the conditions of conceptual and preliminary plat approval will be met. The City Attorney has reviewed this Agreement and determined that it meets the requirements of the Code, while the Engineering Department has reviewed the agreement to determine whether all necessary improvements related to the project have been provided. Both are in agreement that the Subdivision Agreement and final plat are adequate to meet the requirements of the Code and to take care of the previous conditions placed on the project's approval . A copy of the Subdivision Agreement is included in the packet for your review. Council Action: Since this Agreement ties up all of the previous conditions of approval of this development, the appropriate motion by Council for final plat approval is as follows: "Move to approve the Ute City Place Final Plat Subdivision subject to the following condition: The applicant executing the Subdivision Agreement and recording it along with the other documents of Final Approval . " 2. Exemption of the Employee Units from the GMP Section 24-11 .2(f) of the Code provides review criteria for the exemption of employee units from the GMP including "a determination of community needs considering, but not limited to the type of units, and the rental/sale mix of development. The criteria upon which to evaluate the exemption from the GMP of employee units have been addressed in the previous review of the rezoning to RBO. In addition, the applicant Memo: Ute City Place Residential Bonus Overlay Rezoning/Final Plat/ Exemption of Employee Units from GMP/Condominiumization Page Five August 4, 1981 has submitted to the Planning Office building plans for the employee units which document that what is to be built is substantially the same as what was originally proposed in the GMP application. The Planning Office recommends that you exempt these units from competition under the GMP. Council Action: Should Council concur with the Planning Office, the appro- priate motion is as follows: "Move to exempt the six studios and six one-bedroom low income housing units and two two-bedroom moderate income housing units of the Ute City Place development from compe- tition under the GMP subject to the following condition: - The applicant recording the building plans for the units along with the other documents of final approval . " 3. Condominiumization The applicant proposes to condominiumize the 22 units but has not yet determined which of the units will be rented and which will be sold. At the time of application, two units were located on the proposed development site. The house at 923 East Cooper was in poor condition and has been unoccupied for the past five years since its owner died. This unit was demolished following the issuance of a permit by the Building Inspector. The unit at 909 East Cooper was owner occupied until the applicant purchased the property. Since that time, it has been rented on a short term basis at prices which exceed the employee housing guidelines. The applicant plans to demolish this structure as well . The applicant also makes the following statements: - There will be no tenants displaced as a result of Condo- miniumization. - No tenants have been required to move involuntarily in the last 18 months.. - The proposed 14 deed restricted units will result in a net increase in the supply of low and moderate income housing.. Based on the above review, the Planning Office recommends that you approve the applicant' s request for condominiumiza- tion. Council Action: Should Council concur with the Planning Office recommendation the appropriate motion is as follows: "Move to approve the request to condominiumize the Ute City Place development, subject to the following condition: - The applicant restricting all units to six month minimum leases with no more than two shorter tenancies per year. " RECORD OF PROCEEDINGS 100 Leaves FORM it C.f.HOECNEL 8.B.B L.CO. ORDINANCE NO. 38 (Series of 1981) AN ORDINANCE REZONING LOTS C, D, E, F AND G, BLOCK 118, IN THE CITY OF ASPEN, COUNTY OF PITKIN , COLORADO, FROM R/MF TO R/MF/RBO WHEREAS , the Aspen City Council -has been presented with a recommendation from the Planning and Zoning ConuAss ion to amend Section 24-2. 2 of the Municipal Code , and WHEREAS, the City Council wishes to adopt the same for the benefit of the City of Aspen, s NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1 Section 24-2. 2 ( Zoning District Map) is hereby amended by changing the zoning of Lots C, D, E, F and G, Block 118, from R/MF to R/MF/RBO, subject to full compliance with the Final Subdivision Plat and Subdivision Agreement for the area, and the two following conditions : 1. The applicant agreeing that the rental/sa 1es prices for the employee units will not exceed the maximum square footage limitations of Section 24-11 . 4(b) ( 3 ) ( cc ) of the Code ; and 2. The applicant providing deed restrictions limiting the six studios and six one-bedroom units to low income houFiny guidelines and occupancy limits- and the two two-bedroom units to moderate income housing guidelines and occupancy limits . The price guidelines to which the units are restricted shall be those which are in place RECORD Or PROCEEDINGS 100 Leaves FORM f0 C.F.HOECNFE B.B.6 L.CO. for new units at the time of approval of the RBO and exemption from GMP by City Council. The units shall be eligible thereafter for annual price adjustments as existing units , according to the approved rates of the City of Aspen. Section 2 If any section, subsection, sentence , clause , pnrase , or por- tion of this ordinance is for any reason held invalid or unconsti- tutional by any court of competent 3urisdiction, such portion shall be deemed a separate, distinct anti independent provision and such holding shall not affect the validity of the remaining por- tions thereof. Section 3 That a public hearing on this ordinance shall be held on the day of 1981 , at 5: 00 P.M. in the City Council Chambers , Aspen City Hall , Aspen , Colo- rado, fifteen (15) days prior to which hearing notice of the same shall be published once within a newspaper of general circulation within the City. INTRODUCED, READ AND ORDERED published as provided by law by the City Council of the City of Aspen, Colorado, at its regular meeting held on the day of 1981. Herman Edel Mayor ATTEST: Kathryn S. Koch City Clerk 2 RECORD OF PROCEEDINGS 100 Leaves FORM% C.F.MOECKEL B.B.d L.CO. FINALLY adopted , passed and approved on the day of 1981. Herman Edei Mayor ATTEST: Kathryn S. Koch City Clerk 3 • L SUBDIVISION AGREEMENT THIS AGREEMENT, made this day of , 1981 , by and between the City of Aspen, Colorado (herein- after referred to as "City") and C. M. CLARK and ALEXANDER G. KASPAR (hereinafter collectively referred to as "Sub- divider" ) . W I T N E S S E T H WHEREAS, the Subdivider has submitted to the City for approval , execution and recordation, a final plat (herein- after "the plat") concerning the construction of a 22 unit condominium building on property owned by Subdivider known as Lots C, D, E, F and G, Block 118 , City of Aspen, County of Pitkin, State of Colorado; and WHEREAS, on June 23, 1981, the Planning and Zoning Commission granted preliminary plat approval subject to specific conditions and on July 13 , 1981, the City Council granted final plat approval ; and WHEREAS, the City Council is willing to approve, execute and accept for recordation the plat on the condition that Subdivider agree to all matters contained in this agree- ment; and WHEREAS, the City desires to impose certain condi- tions and requirements in connection with its approval , exe- cution and recordation of the plat, as are necessary to protect, promote and enhance the public welfare; and WHEREAS, the Subdivider is willing to acknowledge , accept, abide by and faithfully perform all of the condi- tions and requirements imposed by the City; and WHEREAS, pursuant to Section 20-16 (c) of the Aspen Municipal Code , the Subdivider is required to pro- vide assurances that it will faithfully perform the condi- tions and requirements as hereinafter agreed to prior to the City 's acceptance and approval of the final plat; NOW, THEREFORE, in consideration of the premises, the mutual covenants herein contained, and the approval, execution and acceptance of the plat for recordation by the City, it is mutually agreed as follows: I. CONSTRUCTION OF IMPROVEMENTS Subdivider and its assigns shall be responsible for the construction and installation of all improvements required by Section 20-16 (a) of the Aspen Municipal Code, and as are indicated on the plat. The nature , extent and estimated cost of such improvements shall conform to the schedule annexed hereto and made a part hereof as Exhibit "A" . II. FINANCIAL ASSURANCES Pursuant to Section 20-16 (c) of the Aspen Municipal Code and prior to the issuance of any permits for construc- tion, Subdivider shall provide a guaranty for no less than one hundred percent (100%) of the estimated costs of the im- provements indicated on Exhibit "A" annexed hereto and made a part hereof and as approved by the City Engineer. The guaranty to be provided by Subdivider shall be in the form of a cash escrow with the City or a bank or savings and loan association; or shall be in the form of an irrevocable site draft or letter of commitment from a financially responsible lender ; and such guaranty shall give the City the uncondi- tional right, upon default, by the Subdivider , or its succes- sors or assigns , to withdraw funds upon demand to partially or fully complete and/or pay for any improvements or pay any outstanding bills for work done thereon by any party. As portions of the improvements are completed, the City Engineer shall inspect them and, upon approval and acceptance, he shall authorize the release of the agreed estimated cost for 2. that portion of the improvements except that ten percent (100) of the estimated cost shall be withheld until all pro- posed improvements are completed and approved by the City Engineer. The Subdivider, its successors and assigns shall and hereby agree to provide unto the City a warranty as to all improvements for a period of one (1) year from and after acceptance by the City of such improvements . The Subdivider, its successors and assigns shall further guarantee by a maintenance bond or other suitable means , the repair of any existing improvements damaged during the course of construction of new improvements pursuant to the provisions of this Article. III. PARKING SPACES The Subdivider , its successors and assigns shall designate and provide twenty-six (26) on-site (off street) parking spaces meeting the requirements of Article IV of Chapter 24 of the Aspen Municipal Code, as such parking spaces are indicated and designated on the plat. IV. WATER LINE The City of Aspen is in the process of construc- ting an 8" intercept water line on Cleveland Street between Hyman and Cooper Streets. At such time as construction is completed on said line and on the line to be constructed on Cooper Street (so that the Subdivider has the ability, sub- ject to the appropriate application to the Water Department , to tap on to the Cooper Street line) , and the City has adopted the anticipated new plant investment fee structure , Subdivider 3 . agrees to elect one of the two following options at his sole discretion , prior to being permitted to tap on to said line : 1 . Subdivider will pay the full plant invest- ment fee based upon the current rates plus an additional amount equal to one-half of the actual cost of the portion of the new intercept line running from the 12" line on Hyman Street to the hydrant on the south side of Cooper Street (a distance of approximately 3301 ) or, alternatively, 2. Subdivider will pay the total amount of the new, increased, plant investment fee which is anticipated to take effect August 5, 1981, whichever dollar amount results in a lower payment by the Subdivider to the City. V. DEED RESTRICTIONS Subdivider agrees that Units 101 through 106, 201 , 203, 205, 206, J and K, will not be rented or sold except in accordance with the low income guidelines estab- lished by the City of Aspen for the period October, 1980 to October, 1981 , plus such increases as are permitted by those guidelines and that Units 201 and 204 will not be rented or sold except in accordance with moderate income guidelines established by the City of Aspen for the period October, 1980 to October, 1981 , plus such increases as are permitted by those guidelines. Subdivider agrees that all of the units in the project will be subject to the following rental restriction : If any unit is rented, it must be rented for a term of not less than six months per calendar year and for only two shorter tenancies per calendar year. 4. VI . FIREPLACES Subdivider agrees not to install any fireplaces in 14 of the 22 units and to install Majestic metal fire- places, Model Number MHC 36 , which are energy conserving, free air fireplaces , in each of the eight other units. MISCELLANEOUS A. The provisions hereof shall be binding upon and inure to the benefit of the Subdivider and City and their respective successors and assigns. B. This Agreement shall be subject to and con- strued in accordance with the laws of the State of Colorado and the Municipal Code of the City of Aspen. C. If any of the provisions of this Agreement or any paragraph, sentence, clause, phrase, word, or section or the application thereof in any circumstance is invali- dated, such invalidity shall not affect the validity of the remainder of this Agreement, and the application of any such provision, paragraph, sentence, clause, phrase, word or section in any other circumstance shall not be affected thereby. D. This Subdivision Agreement contains the entire understanding between the parties herein with respect to the transactions contemplated hereunder and may be altered or amended from time to time only by written instruments execu- ted by each of the parties hereto. E. Numerical and title headings contained in this Agreement are for convenience purposes only, and shall not be deemed determinative of the substance contained therein. F. Any notices required to be given to the parties to this Agreement shall be deemed to be given if personally delivered or deposited in the United States mail to the parties by registered or certified mail at the addresses 5 . indicated below: City of Aspen City Manager 130 South Galena Street Aspen, Colorado 81611 Subdivider or its successors or assigns C. M. Clark and A. G. Kaspar c/o C. M. Clark Post Office Box 566 Aspen , Colorado 81611 IN WITNESS WHEREOF, the parties hereto have here- unto set their hands and seals on the date and year respec- tively indicated in full understanding and agreement to the terms and conditions herein contained. CITY OF ASPEN A Colorado Municipal Corporation By Herman Edel Mayor ATTEST: Kathryn S. Koch City Clerk APPROVED AS TO FORM: Paul J. Taddune City Attorney STATE OF COLORADO ) ss . County of Pitkin ) The above and foregoing Subdivision Agreement between the City of Aspen, Colorado, a Municipal Corpora- tion, and C. M. CLARK and ALEXANDER G. KASPAR, was acknowledged before me this day of , 1981 , by HERMAN EDEL, Mayor , and KATHRYN S. KOCH, City Clerk, of the City of Aspen. WITNESS my hand and official seal. My commission expires : Notary Public 6 . C. M. Clark Alexander G. Kaspar STATE OF COLORADO ) ss. County of Pitkin ) The above and foregoing Subdivision Agreement between the City of Aspen , Colorado, a Municipal Corpora- tion, and C. M. CLARK and ALEXANDER G. KASPAR, was acknowl- edged before me this day of 1981, by C. M. CLARK and ALEXANDER G. KASPAR. WITNESS my hand and official seal. My commission expires : Notary Public 7 . EXHIBIT "A" To Subdivision Agreement Between The City of Aspen and C. M. Clark and Alexander G. Kasper Improvements to be constructed and installed by Subdivider: Estimated 1 . Sidewalk the length of the property Cost along Cooper Street to City specifications; $ 2625. 00 2 . Road sign indicating that a left $ 100.00 turn may not be made into the project by indivi- duals travelling west on Cooper Street (State Highway 82) . Construction Schedule: Construction of the above improvements will be completed not later than October 1 , 1982. 10.0 REVIEW EX& .nT IOw `.-.'U a.AL l„_E hl'1'1' k1,:Ct; l': .. ,.:R's ri�..)�,�`.,'.Z(.?�.L�)t'Y7 ltv 'L'Li�, ��--F•;I= �.t�.11 is_Cr.,i�.1_ _ RESOLUTION NO. (. uLius 01 i�t3l) WHEREAS, an huqust: 24 , 1981 , the Aspen City Council did adopt. Ordinance Igo. 50 , Series of 1981 , imposing a month Mora :or iwo on the construction andfoi: c':.p ansion of all buiininys located in the 11-MF _one district , and ':a11EttRAS, Section 3 of said ordinance provides that City Council may , by resolution, e);ewyt: an application aireaJj in the reviuw process tro :l the r tr u Lions of the morat:o io� ii , upon special nevi w and considering the ion of the Planninj Office, the City Council finds that the area and bulk of the Pro- posed new building or expansion of an existing buildAW in reason- ably compati6 e with requirements currently in existence and those under consideration for the R-MF zone district , and WHEREAS , the ute City Place development received ai GAP a i lo- cation during the 1981 residential competition and has proceeded through its subsi?qi)ent reviews ,, including conceptual and prel imi - Nary plat subdivision and received preliminary onenption of its employee units from competition under the GMP and first reading approval of an ordinance to rezone its proposed location from R-ti' to R-MP/RBO, and WfitRMS , the f:irlal plat approval , condowiniuruization , final exemption of the employee units from competition udder the GMP, and second reading of ordinance No. 38 , S<c ies of 1981 , rezoning the Cite City Place site to R-i plwo have been held in. abc yance tn, 1;uyo, jt•:ion of T_he iiVl'c1wiiuw on kC-"M Zono dis- trict , on-J 01" PNOGEU_.PINGIS 100 Leaves FI,Pv C.F.H1,1101 R.4.A 1, - -1 Y L: v d talc' arid 1)".A i k o 1 tll, ill,ice duvc.Lopment and, as a multi-faii1j.1y development a s.,ubs-tantial number of employee unit:; , finds it- reasorlabJy cotcipatible with the re:quire- ment,s currently jr: exi:; ttmce acid 1--hose under consideration for the R-MF zono disc-r. ict , i,.fjV,V_fj 'Till 112 kESOLVED BY I'HE CPVY COUNCIL OF Thh' C'J,.Py OE, A,SPr.N, COL,C)RADO: That it does heroby grami- s},_)eciai review exei-apt.ion to the Ute City PI.Elc(_ cje\7c!1m._).i-tent from the moratorium on the construction 0-1--- new buildings in tile R-MIl' zonu Dated I, Kathryn 6, rock , duly appointed and acting City Clerk ok the Cj.,(--v of Aspen, Colorado, do hereI>y cortify that the foregoing is a true: and accurate copy of that resolution adopted by the City Council of the City of Aspen, Colorado, cat a special me- eting held on the day of hathryn S. Koch City Clerk SLEMON, MAZZA & LASALLE, P C. ATTORNEYS AT LAW r 434 EAST COOPER STREETry DAVID R. SLEMON ASPEN, COLORADO 818111 AREA CODE 3t� ,,.. ANTHONY J. MAZZA EPH 23- , a]OHN D. LASALLE 1, June 5, 1981 r Mr. Jim Markalunas HAND DELIVERED City of Aspen Water Department Aspen , Colorado 81611 Re: Ute City Place Condominium Development Dear Jim: This is to confirm the agreement which we reached after meeting in your office recently with regard to partici- pation between the City and the developer with respect to the construction of the proposed 8" interconnect on Cleveland Street between Hyman and Cooper Street. As you recall , the developer is constructing a 22 unit condominium project (640 of which units will be deed restricted as employee housing) . Although there is a 5z" water line running down Cooper Street and passing directly in front of the site of this project, it is my understanding that you believe that line to be in- sufficient to handle the demand of this project and, there- fore, that you desire that an intercept line be constructed on Cleveland Street connecting the 12" line on Hyman Street with the 5z" line on Cooper Street , therefore adding a loop which is a needed improvement to the system in general and an 8 " line to which this project could tap. Since the 8" inter- cept line is advantageous to both existing and future users in the neighborhood in general, as well as to this particular project, I understand you favor some participation by the City with the developer in the capital cost of construction of the line on some equitable basis. In a memorandum to the Planning Department which you prepared you indicated some adjustment Of the plant investment fee would be appropriate in the event the developer constructed the line . During the period since this project has been Going through the various approval processes , a significant occurred by virtue of the fact that in the recent Cit.-,- tion, the voters approved a bond issue for improvements to the water system among which are the construction of a 12" line up Cooper Street, as well as the 8" intercept line on Cleveland between Hyman and Cooper, thus it is no longer necessarjr =or the developer to construct the proposed intercept since �:e SLEM- 1, MAZZA & LASALLE, P C. , Mr. Jim Markalunas June 5 , 1981 Page Two Cith has already contracted to have that construction done as a result of the passage of the bond issue. Because of the passage of the bond issue , a significant increase in plant investment fees charged to new users is expected in the near future for the specific purpose of servicing the debt repre- sented by the bond issue. With the above facts in mind I would like to propose the following agreement between my clients, C. M. Clark and A. G. Kaspar , the developers of Ute City Place , and the City of Aspen with respect to water service to their development: Since the City will definitely be doing the construction as opposed to the developers and since the exact amount of the increase in the plant investment fee is unknown at this time , but it is the mutual desire of the parties that there be an equitable participation between the developer and the City in the construction of the intercept line , I would propose that the developer be able to elect either of the following two options based upon which of them results in a lower payment to the City by the developer : 1 . The developer will pay the full plant investment fee based upon the current rates plus an additional amount equal to one-half of the actual cost of the portion og;, the new intercept line running from the 12" line on Hyman `Street to the hydrant on the south side of Cooper Street (by your calculations a distance of approximately 330 ' ) or , alternatively, 2 . The developer would simply pay the total amount of the new, increased, plant investment fee which is antici- tiated to take effect July 15 , 1981 , whichever dollar amount results in a lower payment by the developer to the City. If you are willing to recommend that the City accept the proposal outlined above , I would ap7.reciate your so indi- cating by signing the extra copy of thiE letter in the space provided. Y t u ours, JDL :d - john D. al le or SLEMC_: , MAZ ZA & La SALLE, P.C. Markalunas , City of Aspen :,ater Department SUBDIVISION / PUD AGREEMENT THIS AGREEMENT, made this day of , 1981 , by and between the City of Aspen, Colorado (herein- after referred to as "City" ) and C. M. CLARK and ALEXANDER G. KASPAR (hereinafter collectively referred to as "Sub- divider" ) . W I T N E S S E T H WHEREAS, the Subdivider has submitted to the City for approval, execution and recordation, a final plat (here- inafter "the plat") concerning the construction of a 22 unit condominium building on property owned by Subdivider known as Lots C, D, E, F and G, Block 118, City of Aspen, County of PA-kin, State of Colorado; and WHEREAS, on June 23 , 1981, the Planning and Zoning Commission granted preliminary plat approval subject to specific conditions and on July 13 , 1981 , the City Council granted final plat approval ; and WHEREAS, the City Council is willing to approve, execute and accept for recordation the plat on the condition that Subdivider agree to all matters contained in this agreement; and WHEREAS, the City desires to impose certain condi- tions and requirements in connection with its approval , exe- cution and recordation of the plat, as are necessary to protect, promote and enhance the public welfare; and WHEREAS, the Subdivider is willing to acknowledge, accept, abide by and faithfully perform all of the condi- tions and requirements imposed by the City; and WHEREAS, pursuant to Sections 20-16 (c) and 24-8 .6 of the Aspen Municipal Code, the Subdivider is required to provide assurances that it will faithfully perform the conditions and requirements as hereinafter agreed to prior to the City 's acceptance and approval of the final plat; NOW, THEREFORE, in consideration of the premises, the mutual covenants herein contained, and the approval , execution and acceptance of the plat for recordation by the City, it is mutually agreed as follows: I. CONSTRUCTION OF IMPROVEMENTS Subdivider and its assigns shall be responsible for the construction and installation of all improvements required by Section 20-16 (a) of the Aspen Municipal Code, and as are indicated on the plat. The nature, extent and estimated cost of such improvements shall conform to the schedule annexed hereto and made a part hereof as Exhibit "A" . II. ♦ FINANCIAL ASSURANCES Pursuant to Section 20-16 (c) of the Aspen Municipal Code and prior to the issuance of any permits for construc- tion, Subdivider shall provide a guaranty for no less than one hundred percent (1000) of the estimated costs of the im- provements indicated on Exhibit "A" annexed hereto and made a part hereof and as approved by the City Engineer. The guaranty to be provided by Subdivider shall be in the form of a cash escrow with the City or a bank or savings and loan association; or shall be in the form of an irrevocable site draft or letter of commitment from a financially responsible lender ; and such guaranty shall give the City the uncondi- tional right, upon default, by the Subdivider , or its succes- sors or assigns , to withdraw funds upon demand to partially or fully complete and/or pay for any improvements or pay any outstanding bills for work done thereon by any party. As portions of the improvements are completed, the City Engineer shall inspect them and, upon approval and acceptance, he shall authorize the release of the agreed estimated cost for 2 . that portion of the improvements except that ten percent (10%) of the estimated cost shall be withheld until all pro- posed improvements are completed and approved by the City Engineer. The Subdivider, its successors and assigns shall and hereby agree to provide unto the City a warranty as to all improvements for a period of one (1) year from and after acceptance by the City of such improvements. The Subdivider, its successors and assigns shall further guarantee by a maintenance bond or other suitable means, the repair of any existing improvements damaged during the course of construction of new improvements pursuant to the provisions of this Article. III. PARKING SPACES The Subdivider, its successors and assigns shall designate and provide twenty-six (26) on-site (off street) parking spaces meeting the requirements of Article IV of Chapter 24 of the Aspen Municipal Code, as such parking spaces are indicated and designated on the plat. IV. OPEN SPACE The requirements of Section 24-8 .19 of the Aspen Municipal Code regarding open sapce and common facilities maintenance agreement are inapplicable to the project, since Section 24-3 .4 of the Aspen Municipal Code does not require open space in the R-MF zone district. V. WATER LINE The City of Aspen is in the process of constructing an 8 " intercept water line on Cleveland Street between Hyman and Cooper Streets . At such time as construction is com- pleted on said line and on the line to be constructed on 3 . Cooper Street (so that the Developer has the ability, sub- ject to the appropriate application to the Water Department, to tap on to the Cooper Street line) , Developer agrees to elect one of the two following options at his sole discre- tion, prior to being permitted to tap on to said line: 1. The developer will pay the full plant invest- ment fee based upon the current rates plus an additional amount equal to one-half of the actual cost of the portion of the new intercept line running from the 12" line on Hyman Street to the hydrant on the south side of Cooper Street (by your calculations a distance of approximately 3301 ) or, alternatively, 2 . The developer would simply pay the total amount of the new, increased, plant investment fee which is anticipated to take effect July 15, 1981, whichever dollar amount results in a lower payment by the developer to the City. VI. DEED RESTRICTIONS Developer agrees that units will not be rented or sold except in accordance with the low in- come guidelines established by the City of Aspen for the period October, 1980 to October, 1981 , plus such increases as are permitted by those guidelines and that units will not be rented or sold except in accordance with moderate income guidelines established by the City of Aspen for the period October, 1980 to October, 1981, plus such increases as are permitted by those guidelines . Developer agrees that all of the units in the project will be subject to the following rental restriction : If any unit is rented, it must be rented for a term of not less than six months per calendar year and for only two shorter tenancies per calendar year . 4 . r VII. FIREPLACES Developer agrees not to install any fireplaces in 14 of the 22 units and to install Majestic metal fire- places, Model Number MHC 36 , which are energy conserving, free air fireplaces, in each of the eight other units. MISCELLANEOUS A. The provisions hereof shall be binding upon and inure to the benefit of the Subdivider and City and their respective successors and assigns. B. This Agreement shall be subject to and con- strued in accordance with the laws of the State of Colorado and the Municipal Code of the City of Aspen. C. If any of the provisions of this Agreement or any paragraph, sentence , clause, phrase , word, or section or the application thereof in any circumstance is invali- dated, such invalidity shall not affect the validity of the remainder of this Agreement, and the application of any such provision, paragraph, sentence, clause, phrase, word or section in any other circumstance shall not be affected thereby. D. This Subdivision Agreement contains the entire understanding between the parties herein with respect to the transactions contemplated hereunder and may be altered or amended from time to time only by written instruments execu- ted by each of the parties hereto. E. Numerical and title headings contained in this Agreement are for convenience purposes only, and shall not be deemed determinative of the substance contained therein. F. Any notices required to be given to the parties to this Agreement shall be deemed to be given if personally delivered or deposited in the United States mail to the parties by registered or certified mail at the addresses 5 . indicated below: City of Aspen City Manager 130 South Galena Street Aspen, Colorado 81611 Subdivider or its successors or assigns C. M. Clark and A. G. Kaspar c/o C. M. Clark Post Office Box 566 Aspen , Colorado 81611 IN WITNESS WHEREOF, the parties hereto have here- unto set their hands and seals on the date and year respec- tively indicated in full understanding and agreement to the terms and conditions herein contained. CITY OF ASPEN A Colorado Municipal Corporation By Herman Edel Mayor ATTEST: Kathryn S. Koch City Clerk APPROVED AS TO FORM: Paul J. Taddune City Attorney STATE OF COLORADO ) ss . County of Pitkin ) The above and foregoing Subdivision Agreement between the City of Aspen, Colorado, a Municipal Corpora- tion , and C. M. CLARK and ALEXANDER G. KASPAR, was acknowledged before me this day of 1981 , by HERMAN EDEL, Mayor, and KATHRYN S. KOCH, City Clerk, of the City of Aspen. WITNESS my hand and official seal. My commission expires : Notary Public 6 . C. M. Clark Alexander G. Kaspar STATE OF COLORADO ) ss. County of Pitkin ) The above and foregoing Subdivision Agreement between the City of Aspen, Colorado, a Municipal Corpora- tion, and C. M. CLARK and ALEXANDER G. KASPAR, was acknowl- edged before me this day of , 1981, by C. M. CLARK and ALEXANDER G. KASPAR. WITNESS my hand and official seal. My commission expires : Notary Public 7 . EXHIBIT "A" To Subdivision Agreement Between The City of Aspen and C. M. Clark and Alexander G. Kaspar Improvements to be constructed and installed by Subdivider : 1 . Sidewalk the length of the property along Cooper Street to City specifications; 2. Road signs (to be approved by the City Engineer) indicating that a right turn only will . be allowed from Cooper Street and that a left turn may not be made into the project by indivi- duals travelling west on Cooper Street (State ♦Highway 82) and that exit must be made through the alley. 4=. eve s X No cq7 K X, 3U c I , ' CASELOAD SUMMARY SHEET City of Aspen 1. DATE SUBMITTED: STAFF: .21,211 - 2. APPLICANT: /0 v t -? � , , , 3. REPRESENTATIVE: 4. PROJECT NAME: Pre I 1'ro 1(�Cii' 5. LOCATION: tv 6. TYPE OF APPLICATION: Rezoning Subdivision Stream Margin P.U.D. :2_Exception 8040 Greenline =Special Review Exemption View Plane Growth Management 70:30 Conditional Use HPC Residential Bonus Other f yen a / Re l',�l S A I o�z,-)h/6, 6i 7. FERRALS: Ing j op N.2 >4 Attorney Sanitation District School District _Z\ Engineering Dept. ) Mountain Bell —21,.-Rocky Mtn. Nat. Gas Housing Parks - State Highway Dept. Water Holy Cross Electric Other City Electric X Fire Marshal/Building Dept. 8. REVIEW REQUIREMENTS: Y 9. DISPOSITION: / P & Z �// Approved Denied Date Council V/' Approved V/ Denied Date. Z4s lit � Jcl•-( �o..� �w.7-C� — �2.0�.�''C�yl 1,ow..,e. �v�� ``�'�D v. c -'1 AA Fk StZ a�► �--aw. � Z gv�Se� 10. ROUTING: /Attorney �Building Engineering Other f - , � 1. The applicant paying the City its share of the cost of the water system improvement based on the arrangement worked out between the applicant and Jim Markalunas; i 2. The applicant meeting the conditions -of the City Engineer concerning the variance for a curb cut on Cooper Street, including: - using the curb cut only as an entry to the site, with the exit being through the alley and signs being erected for this purpose; - erecting signs indicating right turn only from Cooper and no left turn from Cooper; - erecting all signs at his own expense and having them approved by the City Engineer prior to their erection; and - applying to the State DOT in Glenwood Springs for approval of a driveway permit on Highway 82; 3. The applicant providing a sidewalk the length of the property along Cooper Street; 4. The applicant providing the City Electric Department with information concerning the required loads for the project, including whether or not electric heat will be used; and 5. The applicant in all other respects following the original proposal outlined in the GMP submission for which points w re awarded and an allocation receivednn. ( 11 r ` Alfe%lcA-t ��t�nn..l �_ pJJR CA(kY- J .L, % Q1�✓r. rc�tS f a12alf�.t V • �Vt.�.. t/^AA :J r.�t7. �.. ,X CO..,PKU1 QK\.ri��6 CI-A` eLA� IAI *, fA-* vl 4 v-A '$K3A� .,,..- df,-4.4 .1. The applicant agreeing to stage the rental/sales prices so that they do not exceed the maximum square footage limita- tions of Section 24-11.4(b)(3)(cc) of the Code; 2. The applicant agreeing to deed restrict the !il employee units to the appropriate low and moderate income guidelines which are in place at the time of approval of the RBO and exemption from GMP by City Council , with annual price adjustments according to the approved 'rate of the City of Aspen; and 4.N,The applicant providing deed restrictions limiting the six studios and 6• one-bedroom units to low income housing G�» guidelines and occupancy limits and the 2 two-bedroom units to moderate income housing guidelines and occupancy limits. The applicant restricting all units to six month minimum leases with no more than two shorter tenancies per year. Aspen/Pitkin Planning Office 130 south galena street aspen , colorado 81611 September 25, 1981 John LaSalle Slemon, Mazza & LaSalle 434 East Cooper Street Aspen, Coiorado, 81611 Dear John, This letter is to confirm our conversation today regarding the Ute City Place GMP project. It seems clear to me that we are correct in our interpretation of the RDO Ordinance that once your property is rezoned to RMF/Rbo, it is still acceptable for you to build a less intense development than permitted by the zoning. Therefore, if you wanted to build only a duplex, exempt from GMP, on the property, this would be allowed. If, however, you decide to build a multifamily project which differs from your approved GMP allocation, you will have to process an amendment. I have discussed this matter with both Sunny and Paul and they both concur in this interpretation. Please call me if you . need further clarification. Sincerely, M, . Alan Richman Assistant Planning Director AR:kb