HomeMy WebLinkAboutLand Use Case.981 King St.0014.2019.ASLUL_J
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COMMUNITY
DEVELOPMENT
CITY OF ASPEN
CASE NUMBER 0014.2019.ASLU
PROJECT ADDRESS 981 KING STREET
PARCELID 273707453004
PLANNER KEVIN RAYES
CASE DESCRIPTION APPLICATION FOR MINOR AMENDMENT TO ASTOR SUBDIVISION,
LOT 4
REPRESENTATIVE RYAN LEE
DATE CLOSED 11/6/2019
CLOSED BY SARA NESTER
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Permit type aslu Aspen Land Use Permit# 0014.2019.ASLU
Address 1991 KING ST Apt/Suite
City ASPEN State CO Zp 81e11
Master permit Routing queue aslu 1
Project Status Fending
APPLICATION FOR GIINORAMENDMENTTOASTOR SUBC•MSION, LOT 4
Submitted STEEV WILLSON 279.4109 Clock Running Days
Submitted via 11
Applied Ou 19 2019
Approved
Issued
Closed/Final
Expires 02,14i2020
O,nvner
Last name 981 KING, LLC First name RYAN LEE 981 KING ST
ASPEN CO 31611
Phone (4031314-5104 Address
Applicant
R Owner is applicant?
❑ Contractor is applicant?
Last name 981 KING, LLC First name RYAN LEE 981 KING ST
Phone (403)314-5104 Cust 31056 Address ASPEN CO 81611
Email
Lender
Last name First name
Phone ( i - Address
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Regular Meeting Aspen City Council July 22, 2019
to a previous council's decision making. For me I would not support keeping the amenity and eliminating
the parking. More favorable to maintaining the parking. It is difficult for me to make a decision just
based on the applicant's financial hardship. I support parking remaining and the amenity going.
Mr. Kraemer said some of the numbers need to be firmed up and we would like the ability to work with
the applicant to ensure we have the correct numbers. Mr. True said I understand and think you could
amend the ordinance to reflect the determination of the correct net leasable floor area. Section 1
subparagraph E is commercial net leasable. You are not sure that number is accurate. Mr. Kraemer said
the approval hones in on the numbers. Staff had 36 numbers, Chris had 38. If we change the 36 to 38 on
paragraph c of section 1. On net leasable the square feet keeps moving. I would like to have a buffer in
there to migrate 5 to 10 percent as determined by staff.
Councilman Hauenstein said I would favor going one floor below for the bathroom and only have 1. Mr.
Bendon said there is a question about the occupancy and if 1 is permitted.
Mr. Kraemer asked is it alright to just acknowledge the math is correct and figure out that we have the
correct numbers prior to council signing. Mr. True said the mechanism needs to be final. Ms. Phelan
asked could we say baseline of 38 up to 40. Mr. True replied you could as well as amend the ordinance to
say net commercial floor area. You can continue it and come up with the exact numbers.
Councilwoman Richards suggested continuing this for tomorrow to approve the ordinance with the
correct numbers.
Councilwoman Richards moved to suspend the item and move on to the next item and continue at the
meeting tomorrow. Seconded by Councilwoman Mullins. All in favor, motion carried
ORDINANCE #16, SERIES OF 2019 — 981 King Street — Minor Subdivision Amendment to Remove
On -site Affordable Housing Unit
Kevin Rayes, community development, said the request is to remove the onsite affordable housing
requirement. It is a minor subdivision amendment. APCHA reviewed this in April. Existing conditions
— lot 4 of Astor subdivision. Located in R6 zone district. 17,800 square feet. There is a duplex dwelling
on site. One side is a deed restricted affordable housing, category 2 unit. It is required to be on the
property as prescribed in the original subdivision agreement. The other side of the duplex is the main
residence. The request is to remove the affordable housing unit. The property owner is planning on
tearing down and building a single family dwelling. He showed photos of existing condition.
The history behind the subdivision includes it being annexed into the city in 1971 and originally consisted
of 3 lots. In the 70's the subdivision had 2 duplexes on it. Lot 3 was a vacant lot. Around 1980 the
owner of the subdivision requested to rezone from R15 to R6. It was a controversial request at the time.
Neighbors felt it was inconsistent with neighboring properties. It was Ms. Astor's intention to provide
affordable housing on each parcel if she was permitted to increase the density. Ordinance 2 of 1983
completed the rezoning with the condition that permanent employee housing would exist on site. A
subdivision agreement was also approved. 2 dwelling units per lot. Occupancy in 3 of 6 units is
restricted to low, moderate and middle income occupants. 14 years later an amendment added a 4' lot to
the subdivision. In order to add the additional lot, the lot lines were reconfigured and lots renumbered.
Part of the approval was a condition that says the new lot also has to provide an affordable housing unit
on site. Lot 1 has a category 1 unit on site. Lots 2, 3 and have category 2 units on site. Owner of lot 4 is
requesting to remove the onsite affordable housing unit.
There are two criteria to consider when removing an onsite affordable housing unit. The amendment
responds to issues raised during the original review or addresses an issue that could hot have been
reasonably anticipated during the review. Staff finds it is not met. Representations made to council
during the subdivision clearly show they had to weigh the option of a community benefit of onsite
affordable housing with the potential of rezoning an area inconsistent with surrounding neighborhood.
1979 memo stated intention to develop 3 duplexes and see 50% of these units deed restricted as employee
11
Regular Meeting Aspen City Council July 22, 2019
units. Highly desirable in seeing 3 dwelling units for affordable housing in perpetuity. P&Z
recommended approval 5 to 1 to retain employee housing. Criteria 2 states the amendment is consistent
with the approved subdivision. Staff finds this is not met. On site affordable housing is included in the
original subdivision agreement. Restricts occupancy to APCHA qualified tenant. APCHA recommends
council deny the request. Staff requests council deny the request. Received a public comment over the
phone from Tony and Kathy Welgos. Hope council deny the request. Affordable housing is difficult
enough and we should not be removing it. Negative precedent for properties that have same requirement.
Councilwoman Richards said for the affordable housing credit program and the future occupant of the
unit, are they renting it or buying half of it. Ms. Phelan replied with the credit how does it currently
operate. Typically, the developer will develop the housing voluntarily and put it up for sale at a certain
category. The units sell but they get credits based on the number of employees housed per unit. That is
what sells on the open market. Councilwoman Richards said she will not support this application for
other reasons. There is a point if you allow people to buy off mitigation from an existing unit you are
only getting half the value for it. I have a hard time with going against the other recommendations.
Applicant
Steev Wilson and Ryan Lee, Forum Phi, said we don't agree with staff. Does this address an issue that
could not be addressed during initial review. The credit program didn't exist then. We are ok with one
unit and one affordable housing unit. We just want to use a credit to mitigate for that. Does it diminish
the community benefit. No. We are willing to purchase it. The 1980 unit doesn't meet APCHA criteria
now. We could retire this deed restriction in favor of the best thinking we have right now. The credit
program delivers fantastic results. Employees should live in town and above grade. They don't here.
Other benefits include converting to a modern deed restriction. We would have to deliver the credits prior
to demolition. Not sure why it is considered a detriment. The program is doing everything we wanted it
to do. APCHA voted against this because they viewed it as a loss of a unit. This supports the credit
program and retires a substandard unit.
Mayor Torre opened the public comment. There was none. Mayor Torre closed the public comment.
Councilman Mesirow said staff has it right. The criteria are set. While supporting the credit program is
important, I would like to keep lived in units in town. I'm against the ask.
Councilwoman Mullins said you made a good case. I go back to the intent of the previous councils and
respect what they were trying to do. I don't want to overturn that. The credit program is great but we
need to continue to have options. I support staff recommendation.
Councilman Hauenstein said the thing I keep going back to is in perpetuity. The subdivision was created
with affordable housing units on site in perpetuity. I support staff recommendation.
Councilwoman Richards said I agree the historical research was important. I agree with Ward and in
perpetuity. It is also about having diverse neighborhoods and dispersed housing. I think when the
property was purchased it was known what the deed restriction was. Giving up the location of this is not
a bargain I would be willing to make.
Mayor Torre said I agree with council on this. This is kind of a bummer. It is not a win all around.
When you get rid of a material unit and trade it for cash or credit it doesn't trade at the same. We are
losing actual housing and what we gain is not enough to make up for it. I will support staff
recommendation.
Mr. True said he requests someone move to deny ordinance #16 based on comments made by council and
exhibit A.
12
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AFFIDAVIT OF PUBLIC NOTICE
REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE
ADDRESS OF PROPERTY: o�
__ ___ 1 l K0, Aspen, CO
SCHEDULED PUBLIC HEARING DATE:
20 6
STATE OF COLORADO )
1 ss.
County of Pitkin
1, L i ll i an C y Lre-r (name, please print)
being or representing an Applicant to the City of Aspen, Colorado, hereby personally
certify that I have complied with the public notice requirements of Section 26.304.060
(E) of the Aspen Land Use Code in the following manner:
Publication of notice: By the publication in the legal notice section of an official
paper or a paper of general circulation in the City of Aspen at least fifteen (15)
days prior to the public hearing. A copy of the publication is attached hereto.
Posting of notice: By posting of notice, which form was obtained from the
Community Development Department, which was made of suitable, waterproof
materials, which was not less than twenty-two (22) inches wide and twenty-six
(26) inches high, and which was composed of letters not less than one inch in
height. Said notice was posted at least fifteen (15) days prior to the public hearing
on the _ day of , 20_, to and including the date and time
of the public hearing. A photograph of the posted notice (sign) is attached hereto.
Mailing of notice. By the mailing of a notice obtained from the Community
Development Department, which contains the information described in Section
26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to
the public hearing, notice was hand delivered or mailed by first class postage
prepaid U.S. mail to all owners of property within three hundred (300) feet of the
.property subject to the development application. The names and addresses of
property owners shall be those on the current tax records of Pitkin County as they
appeared no more than sixty (60) days prior to the date of the public hearing. A
copy of the owners and governmental agencies so noticed is attached hereto.
Neighborhood Outreach: Applicant attests that neighborhood outreach,
summarized and attached, was conducted prior to the first public hearing as
required in Section 26.304.035, Neighborhood Outreach. A copy of the
neighborhood outreach summary, including the method of public notification and
a copy of any documentation that was presented to the public is attached hereto.
(continued on next page)
0-0
Ms.
C
70
Mineral Estate Owner Notice. By the certified mailing of notice, return receipt
requested, to affected mineral estate owners by at least thirty (30) days prior to the
date scheduled for the initial public hearing on the application of development.
The names and addresses of mineral estate owners shall be those on the current
tax records of Pitkin County. At a minimum, Subdivisions, PDs that create more
than one lot, and new Planned Developments are subject to this notice
requirement.
Rezoning or text amendment. Whenever the official zoning district map is in any
way to be changed or amended incidental to or as part of a general revision of this
Title, or whenever the text of this Title is to be amended, whether such revision be
made by repeal of this Title and enactment of a new land use regulation, or
otherwise, the requirement of an accurate survey map or other sufficient legal
description of, and the notice to and listing of names and addresses of owners of
real property in the area of the proposed change shall be waived. However, the
proposed zoning map shall be available for public inspection in the planning
agency during all business hours for fifteen (15) days prior to the public hearing
on such amendments.
4 V��/ 61,1111W
Signature
ged b ore me this
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NOTARY PUBLIC
STATE OF COLORADO
ATTACHMENTS
AS APPLICAB E:
NOTARY ID 20184028029
• COPYOFTHEPUBLICATION
MY COMMISSION EXPIRES JULY 10, 2022
• PHOTOGRAPH OF THE POSTED NOTICE (SIG
• LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED
BY MAIL
• APPLICANT CERTIFICATION OF MINERAL ESTATE OWNERS NOTICE
AS REQUIRED BY C.R.S. §24-65.5-103.3
AFFIDAVIT OF PUBLIC NOTICE
REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE
ADDRESS OF PROPERTY:
j wt"" s4 • , Aspen, CO
SCHEDULED PUBLIC HEARING DATE:
.�� �- `f , 2011
STATE OF COLORADO )
) ss.
County of Pitkin )
I, ` MW 4WM& (name, please print)
being or re resen ing an Applicant to the City of Aspen, Colorado, hereby personally
certify that I have complied with the public notice requirements of Section 26.304.060
(E) of the Aspen Land Use Code in the following manner:
✓ Publication of notice: By the publication in the legal notice section of an official
paper or a paper of general circulation in the City of Aspen at least fifteen (15)
days prior to the public hearing. A copy of the publication is attached hereto.
Posting of notice: By posting of notice, which form was obtained from the
Community Development Department, which was made of suitable, waterproof
materials, which was not less than twenty-two (22) inches wide and twenty-six
(26) inches high, and which was composed of letters not less than one inch in
height. Said notice was posted at least fifteen (15) days prior to the public hearing
on the day of , 20, to and including the date and time
of the public hearing. A photograph of the posted notice (sign) is attached hereto.
Mailing of notice. By the mailing of a notice obtained from the Community
Development Department, which contains the information described in Section
26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to
the public hearing, notice was hand delivered or mailed by first class postage
prepaid U.S. mail to all owners of property within three hundred (300) feet of the
-property subject to the development application. The names and addresses of
property owners shall be those on the current tax records of Pitkin County as they
appeared no more than sixty (60) days prior to the date of the public hearing. A
copy of the owners and governmental agencies so noticed is attached hereto.
Neighborhood Outreach: Applicant attests that neighborhood outreach,
summarized and attached, was conducted prior to the first public hearing as
required in Section 26.304.035, Neighborhood Outreach. A copy of the
neighborhood outreach summary, including the method of public notification and
a copy of any documentation that was presented to the public is attached hereto.
(continued on next page)
•
Mineral Estate Owner Notice. By the certified mailing of notice, return receipt
requested, to affected mineral estate owners by at least thirty (30) days prior to the
date scheduled for the initial public hearing on the application of development.
The names and addresses of mineral estate owners shall be those on the current
tax records of Pitkin County. At a minimum, Subdivisions, PDs that create more
than one lot, and new Planned Developments are subject to this notice
requirement.
Rezoning or text amendment. Whenever the official zoning district map is in any
way to be changed or amended incidental to or as part of a general revision of this
Title, or whenever the text of this Title is to be amended, whether such revision be
made by repeal of this Title and enactment of a new land use regulation, or
otherwise, the requirement of an accurate survey map or other sufficient legal
description of, and the notice to and listing of names and addresses of owners of
real property in the area of the proposed change shall be waived. However, the
proposed zoning map shall be available for public inspection in the planning
agency during all business hours for fifteen (15) days prior to the public hearing
on such amendments.
ignat
The foregoing "Affidavit of Notice" was acknowledged before me this `' day
of S'.,..t , 20 iq , by %'►/1,P K �e�e
NDfICEOFPYMingSt. HEARING
AL ggl Hlllg >!!. WITNESS MY HAND AND OFFICIAL SEAL
Public Hewing: Monday, June 24, 2019; 5:00 PM
Meeting Location: City Hall, Council Chambers
130 S. alena St., Aspen, CO 81611
Project Location: 981 King Street; Legally
Described as Lot 4, ASTO SUBDIVISION accord-
ing to the First Amended Plat thereof recorded June
28, 1994 in Plat Book 34 at Page 86, Pitkin County,
Colorado.
Description:An affordable housing unit exists on
unit was categorized as a low/moderate-income
My commission expires: O�r -S , Zo?2
Notary Public
PHILLIP K LEHUE
housmg and as part of the 1980 Astor Subdivision
Agreement. The owner at 981 King St. is interested NOTARY PUBLIC
in redeveloping the site and removing the on -site af-
fordable housing requirement through the purchase STATE OF COLORADO
of a certificate of affordable housing credit.
ATTACHMENTS AS APPLICABLE: NOTARY ID 20184039063
Land Use Reviews Req: Minor Amendment to an Approved Subdivision MY COMMISSION EXPIRES OCTOBER 03, 2022
PUBLICATION
Decision Making Body: City Council
Applicant: 981 King St. LLC, PO Box 3123 As- r OF THE POSTED NOTICE (SIGN)
pen, CO
Information: For further information re-
9
More In)WNERS AND GOVERNMENTAL AGENCIES NOTICED
lated to the project, contact Kevin Reyes at the City
of Aspen Community Development Department, 130
S. Galena St., Aspen, CO, 970.429.2797, kevin.raye s@cityofaspen.com. �RTIFICATION OF MINERAL ESTATE OWNERS NOTICE
Pu
blished the Aspen Times on May 30, 2019 BY C.R.S. §24-65.5-103.3
Aspen Pitkin County Housing Authority
AoPoCoHoA
Strengthening Community Through Workforce Housing
MEMORANDUM
TO: APCHA Board of Directors
FROM: Cindy Christensen, Deputy Director
THRU: Mike Kosdrosky, Executive Director
MEETING DATE: April 17, 2019
RE: 981 King Street Request for Minor Subdivision Amendment regarding an
onsite mandatory Category 2 deed restricted unit
PROJECT:
The applicant for 981 King Street, 981 King St. LLC, request a Minor Amendment to a Subdivision
approval for Lot 4, Astor Subdivision.
EXISTING CONDITIONS:
981 King Street was an exising residential duplex with one free market home and an attached
mandatory one -bedroom Category 2 deed restricted unit.
PROPOSAL:
The applicant requests removing the Category 2 unit through mitigation via the Employee
Housing Credit program. The applicant plans to redevelop the property and does not want to
replace the on -site unit.
BACKGROUND:
On January 1, 2019, APCHA received a land use application from the Community Development
Department requesting a Minor Amendment to a Subdivision for the property at 981 King
Street.
Originally, the property contained three duplexes of which the Astor Subdivision was exempted
from growth management in exchange for the deed restriction of the lower units in each of the
three duplexes to follow the City's low, moderate and middle -income target households. This
requirement was memorialized in the declaration of covenants recorded on May 14, 1980.
DISCUSSION: APCHA met with Community Development on April 9, 2019, to discuss the
applicant's requests. Both parties agreed that the request is inconsistent with the Land Use
Code and conflict with broader community goals related to employee housing.
According to Community Development, the proposed lot split in 1994 was contentious. The
community recognized the opportunity to add lower category units in a location that was close
to downtown which could help retain the diversity of dwelling units in the neighborhood. Their
solution was to require an onsite, mandatory occupancy affordable housing unit.
Page 1 1
Staff finds no reason(s) to support reversing the mandatory onsite mitigation unit without a
convincing justification and recommends that the replacement unit be brought into conformity
to today's standards (size, amenities, etc.) when the site is redeveloped.
The unit at 981 King Street is currently out of compliance relating to the following issues:
1. A deed restriction was never recorded on the property, a requirement of the
development;
2. There currently is not a qualified tenant in the unit;
3. There currently is no lease for the unit;
4. Previous rental rate was too high
The category of the unit was in question based on the absence of a recorded deed restriction.
Staff researched the project and are confident that the unit should be a Category 2 one -
bedroom.
Without a copy of an executed lease, APCHA cannot formally approve occupancy, nor can we
verify if the owner had been charging a Category 2 rent.
RECOMMENDATION:
APCHA suggests the Board recommend denial for the proposal to the City Council based on the
non-compliance issues stated above, as well as the unlikelihood of approval of a removal of the
employee dwelling unit with mitigation through the Affordable Housing Credit Program, based on
previous recommendations; i.e., 955 and 985 King Street.
Page 12
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t
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CITY OF ASPEN
Land Use Application
Determination of Completeness
Date: January 22, 2019
Dear City of Aspen Land Use Review Applicant,
We have received your land use application for 981 King Street, Minor
Amendment to a Subdivision and have reviewed it for completeness (and not
compliance).
Your Land Use Application is complete:
Please submit the following to begin the land use review process.
1) Digital pdf of the entire application (via thumb drive, emailed files, or file
sharing)
2) Review deposit of $5,525 (Planning hours to be billed hourly).
3) One additional hard copy of the application.
Other submission items may be requested throughout the review process as
deemed necessary by the Community Development Department. Please
contact me at 429-2759 if you have any questions.
Thank You
Ben Anderson, Planner
City of Aspen, Community Development Department
For Office Use Only:
Mineral Rights Notice Required
Yes No
GMQS Allotments
Yes No_ _
Qualifying Applications:
New PD
Subdivision, or PD (creating more than 1 additional lot)
Residential Affordable Housing
Commercial E.P.F. Lodging
130 South Galena Street Aspen, CO 8161 -1975 1 P: 970.920.5000 1 F: 970.920.5197 1 cityofaspen.com
City of Aspen:
Jessica Garrow, AICP
Community Development Director
City Use:
Fees Due: $ Received $
Case #
Agreement to Pay Application Fees
An agreement between the City of Aspen ("City") and
Address of Property: 981 KING ST, ASPEN, CO 81611
Property Owner Name: 981 KING ST LLC
Billing Name and Address - Send Bills to:
715 W MAIN ST. SUITE 204, ASPEN, CO 81611
Contact info for billing: e-mail:
Please type or print in all caps
Representative Name (if different from Property Owner) FORUM PHI
RLEE®FORUMPHI.COM
Phone: (405) 314-5104
I understand that the City has adopted, via Ordinance No. 30, Series of 2017, review fees for Land Use applications and
payment of these fees is a condition precedent to determining application completeness. I understand that as the property
owner that I am responsible for paying all fees for this development application.
For flat fees and referral fees: I agree to pay the following fees for the services indicated. I understand that these flat fees are
non-refundable.
$ $4,550 flat fee for PLANNING $, flat fee for
$.$975 flat fee for APCHA Referral $, flat fee for
For Deposit cases only: The City and I understand that because of the size, nature or scope of the proposed project, it is not
possible at this time to know the full extent or total costs involved in processing the application. I understand that additional
costs over and above the deposit may accrue. I understand and agree that it is impracticable for City staff to complete
processing, review and presentation of sufficient information to enable legally required findings to be made for project
consideration, unless invoices are paid in full.
The City and I understand and agree that invoices mailed by the City to the above listed billing address and not returned to
the City shall be considered by the City as being received by me. I agree to remit payment within 30 days of presentation of
an invoice by the City for such services.
I have read, understood, and agree to the Land Use Review Fee Policy including consequences for no -payment. I agree to pay
the following initial deposit amounts for the specified hours of staff time. I understand that payment of a deposit does not
render and application complete or compliant with approval criteria. If actual recorded costs exceed the initial deposit, I
agree to pay additional monthly billings to the City to reimburse the City for the processing of my application at the hourly
rates hereinafter stated.
$ deposit for hours of Community Development Department staff time. Additional time
above the deposit amount will be billed at $325.00 per hour.
$ deposit for hours of Engineering Department staff time. Additional time above the
deposit amount will be billed at $325.00 per L.
Signature: ��
PRINT Name: y �e-
Title: Oyir41"fUe gr—P
LAND USE APPLICATION
Project Name and Address: 981 KING ST, ASPEN, CO 81611
Parcel ID # (REQUIRED) 273-707-453-004
APPLICANT:
Name: 981 KING ST LLC
Address: PO BOX 3123 ASPEN, CO 81612
Phone #: email:
REPRESENTIVATIVE:
Name: RYAN LEE
Address: 715 W MAIN ST. SUITE 204 ASPEN, CO 81611
Phone#: (405) 314-5104 email: RLEE@FORUMPHI.COM
Description: Existing and Proposed Conditions
The property located at 981 King St is an existing residence. We are seeking an administrative determination for
the front yard lot line to understand where the front, side, and rear setbacks are located on the property.
Review: Administrative or Board Review
Required Land Use Review(s):
Growth Management Quota System (GMQS) required fields:
Net Leasable square footage Lodge Pillows Free Market dwelling units
Affordable Housing dwelling units Essential Public Facility square footage
Have you included the following? FEES DUE: $
0 Pre -Application Conference Summary
0 Signed Fee Agreement
0 HOA Compliance form
177 All Items listed in checklist on PreApplication Conference Summary
• 0
Homeowner Association Compliance Policy
All land use applications within the City of Aspen are required to include a Homeowner Association
Compliance Form (this form) certifying the scope of work included in the land use application complies
with all applicable covenants and homeowner association policies. The certification must be signed by
the property owner or Attorney representing the property owner.
Property Name: JEFFREY SHOAF
Owner (" 1: Email: JEFFREYSHOAFOME.COM Phone No.: (970) 925-4501
Address of 981 KING ST, ASPEN, CO 81611
Property:
(subject of
application)
I certify as follows: (pick one)
❑ This property is not subject to a homeowners association or other form of private covenant.
ZI This property is subject to a homeowners association or private covenant and the improvements
proposed in this land use application do not require approval by the homeowners association or
covenant beneficiary.
❑ This property is subject to a homeowners association or private Covenant and the improvements
proposed in this land use application have been approved by the homeowners association or
covenant beneficiary.
I understand this policy and I understand the City of Aspen does not interpret, enforce, or manage the
applicability, meaning or effect of private covenants or homeowner association rules or bylaws. I
understand that this docume
Owner signature: date: 3 l�
Owner printed name: JEFF Y S OAF
or,
Attorney signature: date:
Attorney printed name:
FORUM PHI 1 981 King St — Minor Amendment to Subdivision Agreement
Extinguishing 1.75 FTEs - Affordable Housing Credits and APCHA Guidelines
Date: 2019-01-15
Applicant: Forum Phi, on Behalf of,
Client: 981 King St LLC
Client Address: 981 King St, Aspen, CO
Aspen Pitkin County Housing Authority
210 East Hyman Avenue, Suite 202
Aspen, Colorado 81611
Re: 981 King St, Aspen CO, Parcel #: 273-707-453-004
Dear Director,
The owner of 981 King St would like to apply for a minor amendment to the Subdivision Agreement for the Astor
Subdivision to allow Lot 4 to make use of the Employee Housing Credit Program as an alternative means of
meeting the Affordable Housing requirement described in section 3 of the Subdivision Agreement. The
regulations and requirements of APCHA and the Employee Housing Program have been changed, modified, and
updated as part of the normal course of code evolution; at the time when this subdivision was written, the code
did not contemplate the existence of a Credit Program which we would like to amend and include as an option for
Lot 4.
The affordable housing unit that is currently located on the subject property has been confirmed by APCHA to be
in compliance with the deed restriction and has a perfect record of compliance since it's creation. It was originally
classified as a moderate -income housing unit, which was updated by resolution to Category 2. The current
standards which regulate Affordable Housing would require the applicant to extinguish 1.75 Category 2
Affordable Housing Credits to offset the value of the existing Unit. This has been confirmed by Staff and is
accepted by The Applicant.
The original Deed Restricted unit located at 981 King St was categorized as a low/moderate-income housing unit
per Section 3 of the 1980 Astor Subdivision Agreement.
Owner agrees to deed restrict three (3) out of the total six (6) dwelling units in the subdivision so that the
restricted units shall be used and occupied solely by low, moderate and middle -income individuals as
defined by Housing Income -Eligibility Guidelines established by the City Council of the City of Aspen
within the provisions of Section 24-10.4(b)(3). EXHIBIT A
Through various amendments and resolutions, the employee housing unit is now categorized as a Category 2 unit
by the Resolution No 49 Series 2000.
Prior to issuance of a Certificate of Occupancy or Certificate of Completion for the Category 2 employee
unit, a member of the Aspen/Pitkin County Housing Authority shall inspect the unit to determine if the unit
complies with the representations made in the application, Housing Guidelines, and prior land use
approvals for this property. EXHIBIT B
This Unit was created as required by the code at the time, and then made available for qualified renters as a
result of the above agreements and resolutions. It has been occupied and in compliance since its creation, and
as it was updated in 2000, continues to be in compliance with APCHA's updated standards.
APCHA Compliance letter. EXHIBIT C
forumphi.com I p. 970.279.4109 1 f. 866.770.5585
Aspen: 715 W. Main St, #204 Aspen, CO 81611
Basalt: 104 Midland Ave, #202 Basalt, CO 81621
The Affordable Housing unit located at 981 King St was constructed per the requirements for low, moderate and
middle -income individuals based on guidelines and standards from 1980 at the time of the Subdivision
Agreement, which is a 500 square foot 1 Bedroom Unit. Comparing this to the current standards which prescribe
500 SF for a Studio or, 700 SF for a 1 Bedroom Unit; we find that the current unit is substandard for the size of a 1
Bedroom Unit by nearly 30%, or approximately 0.5 of an FTE's deficient based on the generation rate for a 500 SF
Studio. See APCHA's current rules and regulations, located on Table VI within APCHA's 2018 Guidelines.
Being defined as a category 2 unit by APCHAs current standards, it must be at least 700 square feet per
Table V1, Minimum Net livable square feet for affordable housing. EXHIBIT D
The unit at 981 King St is not creating Bonus FAR for the existing structure and its removal would not create a
non -conformity with the single-family FAR as calculated in the current code.
Existing FAR of 2,901 SF. Allowable FAR per 26.710.040 is 3,954 SF, including Net Lot Reductions for
steep slopes. EXHIBIT E & EXHIBIT F
The request for the inclusion of use of Affordable Housing Credits as a means of mitigation for Lot 4 of the Astor
Subdivision would allow a unit which has always been in compliance to be converted to an already approved,
constructed, and occupied unit which meets all of the current APCHA guidelines for a modern Employee Housing
Unit. This would support the Credit Program through the purchase of 1.75 FTE's in order to replace a substandard
unit with one of a higher value. The intent of the Applicant is to redevelop the property with a new single-family
home. The guidelines would require the replacement of the same substandard unit which would require 24 to 36
months to become available for rent based on the timeline for construction and approval. The use of Credits
would fill the need for affordable housing before any development occurs, effectively eliminating the gap between
demolition and move -in, while simultaneously increasing the value of the unit to that of a modern APCHA
approved size and quality.
The applicant has met with APCHA to look for alternative methods in lieu of Credits:
Unit Buy Downs: There are only 5 qualified units suitable for buy down, all of which are located in Hunter
Creek. There is no ability to create a Cat-2 unit through buy downs within the code, so this method is not
open to the applicant as an option for mitigation.
Free Market Designation: The possibility of deed restricting a free market unit lead to a discussion on the
complications associated with Home Owner Associations, inflated dues, and exorbitant maintenance fees,
all of which a category 2 renter simply could not afford. As a result, APCHA indicated they were not
interested in this method of mitigation, and so this option also is not available to the applicant.
Based on the above there are two options for continued compliance. The first option is to reconstruct the required
substandard unit after years of vacancy during construction. The second option is to support the APCHA Credit
Program by extinguishing, 1.75 Cat-2 Credits, which replaces a substandard unit with a superior modern unit
meeting all the current standards, that will not suffer from years of vacancy during construction. The applicant
requests a Minor Amendment to the Astor Subdivision Agreement be granted for Lot 4 to allow for use of
Affordable Housing Credits. We believe that the Credit Program is successful, and that supporting the program
will help our community to deliver housing for employees in front of the need which creates it. Please allow us to
have access to this Program.
Thank you for your consideration in this matter. We look forward to your recommendation.
Aspen: 715 W. Main St, #204 Aspen, CO 81611
Basalt: 104 Midland Ave, #202 Basalt, CO 81621 EN
0
•
Attachments:
EXHIBIT A - Excerpt from Astor Subdivision Agreement
EXHIBIT B - Resolution No 49 Series 2000 - Category 2 determination
EXHIBIT C - APCHA Table VI - One Bedroom Square Footage Requirements
EXHIBIT D - APCHA Compliance letter - Don't have this yet
EXHIBIT E - Chart of Allowable and Existing FAR
EXHIBIT F - Improvement Survey showing Steep Slopes
Aspen: 715 W. Main St, #204 Aspen, CO 81611
Basalt: 104 Midland Ave, #202 Basalt, CO 81621
EXHIBIT A
iAG,1853
to the receipt of growth management approval and allotment as
such is defined and regulated by the City Code.
3.. Owner agrees -to deed restrict three (3) out of
the total six (6) dwelling units in the subdivision so that the
restricted units shall be used and occupied solely by low,
moderate acid miAhie income - individuals as defined by Housing
Income -Eligibility duidelifies established by the City Council'of
the City of Aspen within the provi6ion'd of Sedti6n 24-10.4 (b) (3)
of the Municipal Code of the City of Adpen.
Jk
4. The:coVehants and agreements of the owner
her6ih shall be deemed covenants that run with the land, shall
burden the -larid-'inoldd6d within the ;subdivision i"and -shaU bind
and be specifically enforceable against all present and subsequent
2,
irinterest,
owners thereof, including the owner, I rs in n t6reSt.
its successors
grantees and assigns.
5. On execution of this agicement by all parties
hereto and receipt by -the City of Appidotiate-ked'otdifig fe66i the
.
-City agrees to approve and execute theFinalPlat and ti)
authorize the recording of the same in the real property records.
Y_
in Pitkin County, Colorado.
6. Owner agrees.to enter into a sidewalk, curb
and gutter improvement district'in the eventoneis formed.
IN WITNESS WHER90F,.the parties have executed -this
-the'daj and year first above written.
to
CITY OF ASPEN
crk
BY
Kerman 5del
Mayor
C. L. ASTOR & 'C0
Byt (Ge
Car a: Astor
Generai'Piftfiei.
-2-
M
tB
.. I . .. . I,IJ .'i iNbl d
EXHIBIT B
A RESOLUTION OF THE DESIGN REVIEW APPEAL COMMITTEE
APPROVING A VARIANCE OF THE SECONDARY MASS RESIDENTIAL
DESIGN STANDARD FOR A PARCEL LOCATED AT 981 KING STREET, LOT 4,
ASTOR SUBDIVISION, CITY OF ASPEN, COLORADO.
Parcel ID # 2737-074-53-004
Resolution No. 49, Series of 2000
WHEREAS the applicant, Jeffrey Shoo represented by Mark Hesselshwerdt, has
requested a variance from the secondary mass Residential Design Standard, Land Use Code
Section 26.410.040, for the property located at 981 King Street, Lot 4, Astor Subdivision;
and,
WHEREAS all applications for appeal from the Residential Design Standards of
Section 26.410.040 must meet one of the following criteria in order for the Design Review
Appeal Committee or other decision making administrative body to grant an exception,
namely the proposal must:
a) yield greater compliance with the goals of the Aspen Area Community Plan;
b) more effectively address the issue or problem a given standard or provision
responds to; or
c) be clearly necessary for reasons of fairness related to unusual site specific
constraints, and
WHEREAS the Planning Staff, in a report dated October 17, 2000, recommended
approval of the variance for secondary mass Residential Design Standard finding that Criteria
B has been met; and,
WHEREAS a public hearing, which was legally noticed, was held at a regular
meeting of the Design Review Appeal Committee on October 17, 2000, at which the
Committee considered and approved the variance from the secondary mass standard, by a
vote of three to two (4-0).
NOW, THEREFORE, BE IT RESOLVED by the Design Review Appeal Committee:
That the Residential Design Standard variance for secondary mass, Section 26.410.040, is
approved for a duplex at 981 King Street, Lot 4, Astor Subdivision, Aspen, Colorado with
the following conditions:
Conditions of Approval
1. All prior City of Aspen approvals shall remain in full force and effect.
2. The building permit application shall include:
a. A copy of the final recorded Aspen Planning and Zoning Commission resolution.
b. The conditions of approval printed on the cover page of the building permit set.
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c. A current Site Improvement Survey indicating the nature of all easements of record
indicated on the property title commitment.
d. An illustrative site plan of the project showing the proposed improvements,
landscaping, parking, and the dimensional requirements as approved.
e. A drawing representing the project's architectural character. .
f. A drainage plan, including an erosion control plan, prepared by a Colorado
licensed Civil Engineer which maintains sediment and debris on -site during and
after construction. If a ground recharge system is required, a soil percolation
report will be required to correctly size the facility. A 2-year storm frequency
should be used in designing any drainage improvements.
g. A completed tap permit for service with the Aspen Consolidated Sanitation
District. The existing residential improvements located on the subject property
are currently serviced by the District. Fees must be paid prior to the issuance of
building permits. Service is contingent upon compliance with the District's
rules, regulations, and specifications.
h. A tree removal permit as required by the City Parks Department and any
approval from the Parks Department Director for off -site replacement or
mitigation of removed trees, if necessary. A completed curb, gutter, and
sidewalk agreement.
i. A completed agreement to join any future improvement districts formed for the
purpose of constructing improvements in adjacent public rights -of -way.
2. The building permit plans shall reflect/indicate:
a. Conformance with all aspects of the City's Residential Design Standards, unless
variances have been granted.
b. The dwelling units meet all applicable UBC requirements for light and air.
c. An overhang shall cover each units' entrance designed to prevent snow and ice from
falling on, or building -up on, the entrance. Snowmelt may also be used to prevent
snow and ice from falling on, or building -up on, the entrance to each unit.
d. A fire suppression system approved by the Aspen Fire Marshal.
3. Prior to issuance of a building permit:
a. The primary. contractor shall submit a letter to the Community Development
Director stating that the conditions of approval have been read and understood.
b. All tap fees, impacts fees, and building permit fees shall be paid. If an alternative
agreement to delay payment of the Water Tap and/or Parks Impact fee is finalized,
those fees shall be payable according to the agreement.
4. No excavation or storage of dirt or material shall occur within tree driplines.
5. All construction vehicles, materials, and debris shall be maintained on -site and not
within public rights -of -way unless specifically approved by the Director of the
Streets Department. All vehicle parking, including contractors' and their
employees', shall abide by the 2 hour residential parking limitation of the area. The
applicant shall inform the contractor of this condition.
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• I NI�1 IM•iN:Ni II
6. The applicant shall abide by all noise ordinances. Construction activity is limited to
the hours between 7 a.m. and 7 p.m.
7. Prior to issuance of a Certificate of Occupancy or Certificate of Completion for the
Category 2 employee unit, a member of the Aspen/Pitkin County Housing Authority
shall inspect the unit to determine if the unit complies with the representations made
in the application, Housing Guidelines, and prior land use approvals for this
property. The Applicant shall abide by the deed restriction for the deed restricted
employee unit, which requires that it be occupied year around.
8. The applicant shall not track mud onto City streets during construction. A washed
rock or other style mud rack must be installed during construction.
9. The applicant should provide separate utility taps and meters for each residential unit.
10. All utility meters and any new utility pedestals or transformers must be installed on
the applicant's property and not in any public right-of-way. Easements must be
provided for pedestals. All utility locations and easements must be delineated on the
site improvement survey. Meter locations must be accessible for reading and may
not be obstructed.
11. The applicant must receive approval for any work within public rights -of -way from
the appropriate City Department. This includes, but is not limited to, approval for a
mailbox and landscaping from the City' Streets Department.
12. All material representations made by the applicant in the application and during public
meetings with the Planning and Zoning Commission shall be adhered to and considered
conditions of approval, unless otherwise amended by other conditions.
APPROVED BY THE COMMITTEE at its regular meeting on the 17th clay of October,
2000.
APPROVED AS TO FORM:
E::l
--
City—Attorney
ATTEST:
DESIGN REVIEW APPEAL COMMITTEE:
Chair
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EXHIBIT C
TABLE VI
MINIMUM NET LIVABLE SQUARE FEET (SF) FOR AFFORDABLE HOUSING
Per Unit Size (standardized)
Unit Size
Studio
1-Bedroom
2-Bedroom
3-Bedroom
Single -Family Detached
Minimum Square Footage
500
700
900
1,200
1,500
TABLE VH
APCHA MITIGATION STANDARDS
Per Unit Size
Unit Type Occupancy Standard
Dormitory/Lodge per 150 sq. ft. mitigates for 1.00 employee
Studio units mitigate for 1.25 employees
One -bedroom units mitigate for 1.75 employees
Two -bedroom units mitigate for 2.25 employees
Three -bedroom units mitigate for 3.00 employees
Four or more bedrooms mitigate by adding an additional .5 employee per bedroom
APCHA Employee Housing Guidelines May 2018 Page 118
• EXHIBIT D •
Asp" MW County Housing Authority
A*P,oC*H*A
210 E. Hymen, Suits 202 • Aspen, CO 01611
970.920.5050 • www.asehod=
Strengthening Community Through Workforce Housing
October 26, 2018
Via E Mail
Ryan Lee, Project Manager
Forum Phi
RE: Compliance Resolution
Dear Mr. Lee
Thank you for providing the lease for the Employee Dwelling Unit at 981 King Street, Aspen. This
brings the unit into compliance with the APCHA Guidelines.
Please let me know if you have any questions.
Sincerely,
Julie lieffer
Qualifications Specialist
•
11
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Allowable Floor Area
981 King St
a'to9rAtw.
_.
Allowable Floor Area for Single -Family Residence' 13,893 SF -9,000 SF
- 9,000-15,000 Net Lot Area (Square Feet): = 4,893
3,660 square feet of floor area, plus 6 square feet of floor area (4,893/100) = 48.93
for each additional 100 square feet In Net Lot Area, up to a (48.93 x 6) - 293.68
maximum of 3660 square feet of floor area. 293.58 + 3,660
. 3,953.58 SF Allowable
' Total external floor area for multiple detached residential dwellings FAR
on one (1) lot shall not exceed the floor area allowed for one(1)
duplex.
Net Lot Area:13,893 SF
Allowable FAR: 3,952.58 SF
26.710.040
Garage Exemption
First 250 sq it exempt
Next 251-500 sq it to exiude 50% of area
Table 26.575.020-2
Deck Exemption
16% of 3,953.68 allowable floor area per R-6 = 593.04 SF
Atrat.
Lower Level
744.00
1744.00
Pitkin County Assessor
Main Level
2,157.00
12,157.00
PUN County Assessor
Garage pocated on Mein LeveQ
240.00
1240.00
1
Pitkin County Assessor
77
77777777771
NOTE: No additional FAR calculated due to the presence of an ADU.
Not Lol AMU
Min. Gross Lot Area (per MU)
6,000 sq It
26.710.040
Min. Net Lot Area (per MU)
4,500 sq R (detached residential
dwelling)1 4,500 sq it (duplex)
26.710.040
Reductions for area with slopes 0%-20% (100% of
parcel area to be included in Net Lot Area)
0.00
Total Area with slopes 20%-30%
1922.00
Reductions for area with slopes 20%-30% (50% of
parcel area to be included in Net Lot Area)
961.00
Total Area with slopes greater than 30%
2955.00
Reductions for area with slopes greater than 30%
(0% of parcel area to be Included In Net Lot Area)
2955,00
-7777
Gross Lot Area
17809.00
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ALTA Commitment for Title Insurance
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L'jm1` tAmencan Tide
ISSUED BY
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First American Title Insurance Company
Exhibit
A
File No.: 18004088
The Land referred to herein below is situated in the County of Pitkin, State of Colorado, and is described as follows:
Lot 4, ASTOR SUBDIVISION, according to the First Amended Plat thereof recorded June 28, 1994 in Plat Book 34 at
Page 86, Pitkin County, Colorado.
Form 5000000-EX (7-1-14) Page 11 of 14 Exhibit A
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FIRST AMENDED PLAT
ASTOR SUBDMSION
PLAT BOOK 34 PAGE HIS y 4T
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PARCEL NO. 273707400023
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LOT 4 - FIRST AMENDED PLAT, ASTOR SUBDIVISION
SECTION 7, TOWNSHIP 10 SOUTH, RANGE 85 WEST OF THE 6TH PM
CITY OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO
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100' SETBACK FROM —
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ROARING FORK RIVER
OWNER
MARCELLA DECRAY TRUST
PARCEL NO. 273707*00025
PARCEL 5 - BOUNDARY LINE PUT
PLAT'SOOK 13 PAGE 35
THE SUBJECT PROPERTY UES WITH ZONE X AREAS DETERMINED TO BE OUTSIDE SIX) YEAR -YEAR ROOD PLAIN,
ACCORDING TO RMA FLOOD INSURANCE RATE MAP, COMMUNITY PANEL NO. OOMCO2M C WITH AN EFFECTIVE
DATE OF JUNE 4, 1987,
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FIRSTAMENDED PLAT
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MODERATE -DENSITY RESIDENTIAL (R-6)
CITY OF ASPEN LAND USE REGULATIONS 26710.(MO
SETBACIE
• FRONT YARD PRINCIPAL BUILDINGS: 10 FEET. ACCESSORY BUILDINGS. 15 FEET
• REAR YARD PRIMCM BUILDINGS 10 FEET, FOR PORTION Of A PRINCIPAL BUILDING USED SOLELY AS A GARAGE
5 FEET, ACCESSORY BLR D RIGS 5 FEET
• SIDE YARD MINIMUM IS FEEL FOR EACH SIDE YARD, TOTAL FOR BOTH SIDE YARDS 35 FEET, PLUS 1 FOOT FOR
EACH ADDITIONAL 400 SQUARE FEET OF GROSS LOT AREA, TO A MA)MMUM OF 50 FEET OF TOTAL SIDE YARD.
• MAXIMUM HEIGHT: 25 FEET
PROPERTY DESCRIPTION:
LOT 4
—OR SUBDIVISION,
ACCORDING TO THE FIRST AMENDED PLAT THEREOF RECORDED RUNE 2L 1994IN PUT BOOK 34 AT PAGE 86.
COUNTY OF PDIRIN
STATE OF COLORADO
SURVEY NOTES:
• BASE OF BEARINGS FOR THIS SURVEY E A BEARING OF S66•ZIWE ALONG THE NORTHEASTERLY PROPERTY
UNE BETWEEN A FOUND REIMS AND 1• RED PLASTIC CAPS LS16129 AS SHOWN HEREON.
• DATE OF FIELD SURVEY: MARCH Z 2018, LOCATED HIGH WATER NINE FOR SETBACK IULY 9. 2018.
• LINEAR UNITS USED TO PERFORM THE SURVEY WERE U.S. SURVEY FEET.
• THE SURVEY E BASED ON THE FIRST AMENDED PUT OF ASTOR SUBDIVISION RECORDED TUNE 28. 1994IN PUT
BOOK 34 AT PAGE 86 AS RECEPTION NO. 371571 AND CORNERS FOUND IN PLACE AS SHOWN HEREON.
• THE IMPROVEMENT SURVEY PUT DOES NOT CONSTITUTE A TIRE SEARCH BY TRUE NORTH COLORADO, LLC FOR
ALL INFORMATION REGARDING EASEMENT, RIGHTS -OF -WAY AND/OR TITLE OF RECORD, TRUE NORTH
COLORADO. LLC RELIED UPON TIRE COMMITMENT NO. Q62009463 ISSUED BY LAND TITLE GUARANTEE
COMPANY. EFFECTIVE DATE MAY 24. 2018.
• BEARINGS AND DISTANCES SHOWN HEREON ARE BASED ON FlELD MEASUREMENTS. BEARINGS AND DISTANCES
SHOWN IN PARENTHESIS ARE OF RECORD SHOWN ON THE FIRST AMENDED PUT OF ASTOR SUBDMSION
RECORDED )UNE 28. 1994 IN PUT BOOK M AT PAGE 86 AS RECEPTION NO. 371571.
• ELEVATIONS SHOWN HEREON ARE BASED ON NORTH AMERICAN VERTICAL DATUM OF 1988 (NAVD BB
REFERENCED FROM NATIONAL GEODETIC SURVEY (NGS) STATION Q159 HAVING AN ELEVATION OF 791198
• OUTING CONTOUR INTERVAL EQUALS 1 FOOT.
• THIS PROPERTY E SUBJECT TO DECIMATION OF COVENANTS AND RFSTIUCTIONS RECORDED JULY 7, 2000 AS
RECEPTION NO. 445231
SURVEYOR'S CERTIFICATION
L RODNEY P. KISER HEREBY CERTIFY TO DAVIT) ESKENAZI THAT THIS IS AN -IMPROVEMENT SURVEY PLAT- AS
DEFINED BY CAS.38-SI-102(9) AND THAT IT IS A MONUMENTED LAND SURVEY SHOWING THE LOCATION OF ALL
STRUCTURES, VIBE UTIMES, FENCES, HEDGES. OR WAILS SITUATED ON THE DESCRIBED PARCEL AND WITHIN FIVE
FEET OF ALL BOUNDARIES OF SUCH PARCEL, ANY CONFLICTING BOUNDARY EVIDENCE OR VISIBLE ENCROACHMENTS,
AND ALL PUTTED EASEMENTS
RODNEY P. KISER
LICENSED PROFESSIONAL LAND SURVEYOR
COLORADO REGISTRATION NO. 39215
TRUEELNORTH
ADO —
A LAND SURVEYING AND MAPPING COMPANY
4
DAVID ESKENAZI
IMPROVEMENT & TOPOGRAPHIC SURVEY
LOT 4 - FIRST AMENDED PLAT ASTOR SUBDIVISION
CITY OF ASPEN - COUNTY OF PITKIN - STATE OF COLORADO
TRUE NORTH COLORADO LLC.
OO LICEA. A LAND SURVEYING AND MAPPING COMPANY
r•...........S6. 1118 BENNETT AVENUE
PK •;O GLENWOOD SPRINGS, COLORADO 81601
v:o� -P*
to (970) 945-1105
3821`'�4 WwW,Truenorthcolando.com
of y 'I.1
n DRAWN
t PROJECT NO: 201E-218 RPK SHEET
DATE: jULY Io, 2o18 I 5URVLYED I OF J
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• 0
CITY OF ASPEN
PRE -APPLICATION CONFERENCE SUMMARY
PLANNER: Ben Anderson, 429.2765 DATE: 2.23.18
PROJECT: Minor Amendment to Astor Subdivision, Lot 4 - 981 King Street
REPRESENTATIVE: Steev Wilson, Forum Phi; 970.279.4109
DESCRIPTION:
The applicant would like to pursue amending the approval for the Subdivision and Subdivision agreement (Reception number:
223991) for the Astor Subdivision to allow the removal of an existing employee dwelling unit (EDU) on Lot 4 (981 King Street).
Astor Subdivision was initially established as a three lot subdivision and further amended to add an additional lot. Both
approvals required the establishment of employee dwelling units for the lots in the subdivision (one per lot to a total of four for
the subdivision). The subdivision agreement only describes these units as for "low, moderate and middle income" employees.
Interestingly, the unit at 981 King Street was never formally bound by a deed restriction. The other three employee housing
units in the Astor Subdivision continue to have deed restrictions placed on them — two are restricted at Category 2 and one is
restricted as Category 1. The Pre -application assumes that the employee unit at 981 King is one bedroom — as employee
units from this era were required to be a minimum of one bedroom, but this needs to be verified. Additionally, based on initial
understanding of the history of this unit, it appears that the unit is a Category 2 unit, but again, Planning Staff will work with
APCHA to verify the Category of the unit. Assuming this is a one bedroom, Category 2 unit, the removal of the unit (if
approved) would require one of the following methods to provide affordable housing mitigation:
• Extinguishing Affordable Housing Credits for 1.75 FTE, Category 2 employees to remove the on -site EDU, or
• Provision of a fee -in -lieu payment to mitigate for 1.75 FTE, Category 2 (would require approval by Council), or
• Provision of an equivalent deed -restricted off -site unit (also known as a buy down unit), acceptable to APCHA.
One last item will need to be verified. While this is a large lot, the allowable floor area for a single family residence will need to
be established to ensure that a conversion from a duplex to a single family residence will not cause a non -conformity in terms
of Floor Area.
The review before City Council will be for a Minor Amendment to a Subdivision. Prior to City Council review, the request will be
referred to APCHA for a recommendation from their Board on the request to remove the unit. A public hearing with City
Council will be scheduled once APCHA's Board has issued a recommendation.
The applicant should be aware that two other properties in this subdivision have pursued changes to these employee housing
units. In 2011, an application to remove the unit at 985 King Street was withdrawn prior to Council review. A 2017 Application
to raise the Category of the unit at 955 King Street is currently on hold following a recommendation of denial from APCHA's
Board.
Relevant Land Use Code Section(s):
26.304 Common Development Review Procedures
26.480.090.0 Subdivision Amendments
26.470.050.D Employees Housed, GMQS
26.470.110.0 Provision of required affordable housing via a fee -in -lieu payment
Review By: 1) Staff for complete application and recommendation.
2) APCHA Staff and Board for recommendation to City Council
3) City Council for decision on Minor Subdivision Amendment
Public Hearing: Yes, City Council
Planning Fees: $4,550 Deposit for 14 hours of Planning Staff time.
Additional staff time is billed at $325 / hour.
Referral Fees APCHA, $975
Total Deposit: $5,525.00
To apply, submit the following information
❑ Completed Land Use Application and signed fee agreement.
❑ Pre -application Conference Summary (this document).
❑ Street address and legal description of the parcel on which development is proposed to occur, consisting
of a current (no older than 6 months) certificate from a title insurance company, an ownership and
encumbrance report, or attorney licensed to practice in the State of Colorado, listing the names of all
owners of the property, and all mortgages, judgments, liens, easements, contracts and agreements
affecting the parcel, and demonstrating the owner's right to apply for the Development Application.
❑ Applicant's name, address and telephone number in a letter signed by the applicant that states the name,
address and telephone number of the representative authorized to act on behalf of the applicant.
❑ HOA Compliance form (Attached)
❑ A written description of the proposal and an explanation in written, graphic, or model form of how the
proposed development complies with the review standards relevant to the development application and
relevant land use approvals associated with the property.
❑ Written responses to all review criteria.
❑ An 81/2" by I vicinity map locating the parcel within the City of Aspen.
❑ List of adjacent property owners within 300' for public hearing.
If the copy is deemed complete by staff, the following items will then need to be submitted:
❑ . 1 digital PDF copy of the complete application packet.
❑ Total deposit for review of the application.
Disclaimer:
The foregoing summary is advisory in nature only and is not binding on the City. The summary is based on current zoning,
which is subject to change in the future, and upon factual representations that may or may not be accurate. The summary
does not create a legal or vested right.