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Home My WebLink AboutLand Use Case.360 Lake Ave.0010.2014.ASLU~- 0010.2014.ASLU 360 LAKE AVE f SUBDIVISION 2735.121.32.001 - U l .. THE CITY OF AspEN City of Aspen Community Development Department CASE NUMBER 0010.2014.ASLU PARCEL ID NUMBERS 273512132001 PROJECTS ADDRESS 360 LAKE PLANNER JUSTIN BARKER CASE DESCRIPTION SUBDIVISION REPRESENTATIVE STEEV WILSON DATE OF FINAL ACTION 3.25.14 CLOSED BY ANGELA SCOREY ON: 3.25.14 .. 2-935 12\3200 c - as 10.3314.- WA,5 LU r -,7 il 1 h- ' 4 Elle Edit Record Navigate Fgrm Repo* Format Iab Help 7 0 4 Jump 1 lit 01 0 ./ - m. - %2 9 2 10 91 x 1 11 :. m. 4 . U - El U <42 2 I ; Main Custom Fields ~ Routing Status Fee Surrmy 8cions IRouthg.Histoo, Pefrnit t,pe 35]u Ascen Land Use Peimil# 00-102014.ASLU Addiess MO LAKEAVE Apt/Suite (4 ASPEN State CO Zip 81611 ~ Permit Irlormation p Master permil Routing queue 19!007 Appied 01242014 Proled Status pending Approved 1 Desaiption LANDUSE APPLICATION- SUBDWISION. 1 SINGLE FAMILY RESEENCE-ADU. Issued Closed/Final Submitted STEEVWLSON 970.279-4109 Clock Running Days 0 Expires 01,19Â·2015 1; Submitted via Ownel Last name BELL H LLC Fist name PO BOX 1860 BEIFONYLLE AR 72712 Phone (479,44-1 5 1 f Addess Applicant Â¢ Owner k applicant? C0ntract01 ly appHCant? 1 - Last name BELL H LLC Fist name PO BOX1560 mmmmm~mm.-Â·~.v BEN-ONVILLE AR 72712 '7// ,/.* 1:4: Phone :. 5, -c:-- 1.-1. Cusl 11 29712 Addiess Lender Last name Fist name Phone ()- AddreE Enter the Sequence Aspet tGdd5 beiver] *18[A View 1 01 1 C Ck- 44 1 0% ~ 1 619 eb Akx04 4 sÂ·100 o D 5Â»4 99 LL 'Re -UubÂ¥ t; 354- C 1 *, . O t.u.140 i se,0 N .>10!nom x09OO4 5 sdnoig gel: .. ORDINANCE NO. 5 (SERIES OF 2014) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORAI)O, APPROVING AN AMENDMENT TO CONDITIONS 6 AND 7 OF ORDINANCE 66, SERIES 1990, WHICH ESTABLISHED THE ERDMAN PARTNERSHIP LOT SPLIT, LEGALLY DESCRIBED AS: LOTS 1 & 2, ERDMAN LOT SPLIT, ACCORDING TO THE PLAT THEREOF RECORDED NOVEMBER 26, 1990 IN PLAT BOOK 25 AT PAGE 42, CITY OF ASPEN, PITKIN COUNTY, COLORADO. PARCEL IDs: 2735-121-32-001,2735-121-32-002 WHEREAS, the Community Development Department received an application from Bell 26, LLC, represented by Steev Wilson, Forum Phi, requesting approval of an amendment to Ordinance 66, Series of 1990 which established the Erdman Partnership Lot Split; and. WHEREAS, the property is zoned Medium Density Residential, R-6; and, WHEREAS, upon initial review of the application and the applicable code standards, the Community Development Department recommended in favor ofthe proposed amendment; and, WHEREAS, pursuant to Section 26.480.080, the City Council may approve a Subdivision Amendment, during a duly noticed public hearing after considering comments from the general public, a recommendation from the Community Development Director, and recommendations from relevant referral agencies; and, WHEREAS, the Aspen City Council has reviewed and considered the development proposal under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered the recommendation of the Community Development Director, the applicable referral agencies, and has taken and considered public comment at a public hearing; and, WHEREAS, during a duly noticed public hearing on March 10, 20 14, the City Council approved Ordinance No, 5, Series of 2014, by a three to one (3 -Â· 1) vote, approving an amendment to Ordinance 66, Series o f 1990 through a Subdivision Amendment: and, WHEREAS, the City Council finds that the development proposal meets or exceeds all applicable development standards: and, ~ WHEREAS, the City Council finds that this Ordinance furthers and is necessary for the promotion of public health. safety, and welfare. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN AS FOLLOWS: Ordinance No 5, Series 2014 Page ] o f 3 .. Section 1: Approvals Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, City Council herby amends Conditions 6 and 7 of Ordinance 66, Series of 1990 to state: 6. Condition 6 is hereby stricken in its entirety. 7. Condition 7 is hereby stricken in its entirety. Section 2: Severability If any section, subsection, sentence, clause, phrase, or portion of this ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. Section 3: Existing Litigation Ihis ordinance shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 4: Approvals All material representations and commitments made by the Applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the Planning and Zoning Commission or City Council. are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Section 5: Public Hearing A public hearing on this ordinance shall be held on the 1 0th day of March, 2014, at a meeting of the Aspen City Council commencing at 5:00 p.m. in the City Council Chambers, Aspen City Hall, Aspen, Colorado, a minimum of fifteen days prior to which hearing a public notice of the same shall be published in a newspaper of general circulation within the City of Aspen. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the 1 0th day of February, 2014. Attest: 1 1 li l kgOG** 9 - Kathryn s. ~6ch, Cify Clerk Steven Skadr~n, Mayor Ordinance No 5, Series 2014 Page 2 of 3 .. FINALLY, adopted, passed and approved this / 3 day of M Al-,11 , 2014. Attest: 110--~--0 kil ~1--- Kathryn S.Â£~ch, Citf Clerk StevekSkadron, Mayor Approved as to form: C>-~- Aim True, City Attorney Ordinance No 5, Series 2014 Page 3 of 3 P143 Regular Meeting Aspen Citv Council March 10,2014 VI.i Councilman Frisch moved to read Ordinance #7, Series of 2014; seconded by Councilman Romero. All in favor, motion carried. ORDINANCE No. 7 (Series of 2014) AN ORDINANCE OF THE ASPEN CITY COUNCIL ADOPTING AMENDMENTS TO CHAPTER 26.575 - MISCELLANEOUS SUPPLEMENTAL REGULATIONS, CHAPTER 26.104.100 - DEFINITIONS, AND CHAPTER 26.314-NONCONFORMITIES OF THE CITY OF ASPEN LAND USE CODE. Councilman Frisch moved to adopt Ordinance #7, Series of 2014; seconded by Councilwoman Mullins. Roll call vote; Councilmembers Frisch, yes; Romero. yes; Mullins, yes; Mayor Skadron, yes. Motion carried. RESOLUTION #17, SERIES OF 2014 - Transportation Impact Analysis Guidelines Jessica Garrow. community development department, noted staff would like input from Council in order to develop a transportation mitigation system for development to create a consistent, fair and predictable system. Currently there are no clearly defined guidelines in the land use code. The proposal is to explain what development is required to mitigate for their transportation impacts and how they would do that. This is based on Aspen-specific trip counts for the different uses as well as mitigation measures tailored for the Aspen area. Staff has done outreach and received some feedback and the development community is supportive as it is creating a clearer process and predictability. Ms. Garrow pointed out this is a tiered system, single family and duplex developments are totally exempt from the system as is minor development. Any other development inside the roundabout has to go through the system as well as outside the roundabout, which may have more specific requirements as their traffic demand is larger. Mayor Skadron opened the public hearing. There were no comments. Mayor Skadron closed the public hearing. Councilman Romero moved to approve Resolution #17, Series of 2014; seconded by Councilwoman Mullins. All in favor, motion carried. ORDINANCE #5, SERIES OF 2014 - Erdman Partnership Lot Split - Subdivision Amendment P144 Rettular Meeting Aspen Citv Council March 10,2014 VI.i Justin Barker, community development department, reminded Council this is a request to amend Ordinance #66, Series of 1990, to remove a condition regarding affordable housing mitigation. This is two lots on Lake Avenue; one lot contains a single family dwelling with an ADU and a vacant lot. Ordinance #66,1990, creating the lot split has a condition stating each property provide an ADU as affordable housing mitigation, which at the time was the only form of housing mitigation for a lot split. Barker said the request is to allow housing mitigation available to an applicant at the time of building permit, which would include affordable housing credits and cash-in-lieu. Barker said Council has expressed concern over piecemealing different land use codes: this is not that situation but replacing an old land use code with a new land use code. Staff recommends approval removing the condition to require filing deed restrictions on ADUs in case that is not the type of mitigation provided on this property. Mayor Skadron said dismissing ADUs is the wrong direction and the city should push toward populating ADUs. This would reinforce exclusivity and the city should support diminishing barriers toward locals. Mayor Skadron said the AACP addresses community balance rather than becoming an increasingly exclusive community and Council should take every step to remain inclusive. Councilwoman Mullins said the current city housing requirements are good but tend to create clusters of affordable housing. Councilwoman Mullins stated she would support exploring ways to make owners rent their ADUs. Mayor Skadron opened the public hearing. There were no comments. Mayor Skadron closed the public hearing. Councilman Frisch moved to adopt Ordinance #5, Series of 2014, on second reading; seconded by Councilman Romero. Roll call vote; Frisch, yes; Romero, yes; Mullins, yes: Mayor Skadron. no. Motion carried. NOTICE OF HPC CONCEPTUAL APPROVAL 549 RACE ALLEY CALL UP Mayor Skadron recused. Jennifer Phelan, community development department, reminded Council there is a procedure for Council to call up decisions made by HPC. This property is part ofthe Fox Crossing subdivision, which contains two historic cabins and a miner's cottage. This property is the Victorian miner's cottage. The proposal is to rehabilitate and add onto the cottage, which was approved at !!PC by a 5 to 1 vote. Councilwoman Mullins pointed out there is no site plan in the packet or any graphics to illustrate how it will fit within the neighborhood. Councilwoman Mullins suggested this be continued to the next meeting for sites plans and for Councilman Daily to be present. Council agreed. ORDINANCE #51, SERIES OF 2013 - Hotel Aspen PUD, Subdivision Rezoning .. MEMORANDUM TO: Mayor Skadron and Aspen City Council THRU: Chris Bendon, Community Development Director ~141 FROM: Justin Barker, Planner RE: Second Reading of Ordinance No. 5, Series of 2014 - Erdman Partnership Lot Split Subdivision Amendment MEETING DATE: March 10,2014 APPLICANT: SUMMARY: Bell 26, LLC The Applicant requests an amendment to Ordinance 66, Series of 1990 which created the REPRESENTATIVE: Erdman Partnership Lot Split. The applicant Steev Wilson, Forum Phi requests to amend the Ordinance to remove Condition 6 of the Ordinance that requires an LOCATION: ADU for affordable housing mitigation for each Erdman Partnership Lot Split, lot. The property would be required to meet 360 Lake Avenue affordable housing mitigation requirements in the Code at the time of building permit submittal. CURRENT ZONING & USE: I his would allow for the use of Affordable R-6, single-family home + ADU I lousing Credits or cash-in-lieu as mitigation vacant lot options. PROPOSED LAND USE: STAFF RECOMMENDATION: One single-family home per lot Staff recommends approval of the request. LAND USE REQUESTS AND REVIEW PROCEDURES: The Applicant is requesting the following land use approvals: â€¢ Subdivision Amendment to remove Condition 6 0 f Ordinance 66, Series of 1990 pursuant to Land Use Code Section 26.480.080.B (City Council is the final review authority). PROJECT BACKGROUND: The Applicant has requested an ~'Other Amendment" to the subdivision approval granted for the Erdman Partnership Lot Split through Ordinance 66, Series of 1990. A copy of the original Ordinance is included in the Application, attached as Exhibit B. In 1990, the property was divided into two (2) lots: Lot 1, which includes an existing single-family home with ADU, and Lot 2 which is vacant. The approval required an Accessory Dwelling Unit (ADU) to be included on each lot as mitigation for when new development occurs. This was the only housing 1 .. mitigation option outlined in the 1990 code, which is why it was included as a condition. Lot 2 has remained undeveloped. PROJECT SUMMARY: Lot 1 currently contains an ADU that is approximately 628 square feet. The ADU is deed- restricted as a Resident Occupied (RO) dwelling unit and is currently un-rented and unoccupied. The Applicant requests that the Ordinance condition requiring housing mitigation in the form of an ADU be removed to enable the applicant to use today's code, which outlines a number of different options for housing mitigation. This includes providing an ADU, paying a cash-in-lieu fee, or purchasing an Affordable Housing Credit. The applicant has stated that purchasing an Affordable Housing Credit or paying a cash-in-lieu fee for the existing structure would serve more as a benefit to the community than an unoccupied ADU. Any structure on Lot 2 would be granted the options for mitigation under the Code at time of building permit. STAFF EVALUATION: Subdivision Amendment-The Applicant is requesting to remove Condition 6 of Ordinance 66, Series of 1990. The condition currently reads: "An Accessory D-welling Unit must be included on each lot for which development is proposed as a requirement of this Lot Split. Each Accessory Dwelling Unit must comply with the Housing Authority's requirements and must receive Conditional Use approval by the Aspen Planning and Zoning Commission." At the time, this was the only form of housing mitigation allowed for a I,ot Split under the Land Use Code. Today, an applicant has the following six (6) options for mitigating new development, pursuant to Section 26.470.060 of the Land Use Code: 1) Providing an above-grade, detached accessory dwelling unit (ADU) or a carriage house pursuant to Chapter 26.520, Accessory Dwelling Units and Carriage Houses; 2) Providing an accessory dwelling unit, or a carriage house, authorized through special review to be attached and/or partially or fully subgrade, pursuant to Chapter 26.520; 3) Providing an off-site affordable housing unit within the Aspen Infill Area accepted by the Aspen/Pitkin County Housing Authority and deed-restricted in accordance with the Aspen/Pitkin County Housing Authority Guidelines, as amended; 4) Paying the applicable affordable housing impact fee pursuant to the Aspen/Pitkin County Housing Authority Guidelines, as amended; or 5) Recording a resident-occupancy (RO) deed restriction on the single-family dwelling unit being constructed. 6) Providing a Certificate of Affordable Housing Credit as mitigation, pursuant to Section 26.540.060 Authority of the Certificate, commensurate with the net increase of square footage, according to Aspen/Pitkin County Housing Authority Guidelines, as amended. 2 .. The applicant is requesting to remove Condition 6. This will enable any future development on the property to be subject to the affordable housing mitigation in place at the time of any building permit. In addition, Condition 7 of the Ordinance states, "Prior to issuance of any building permits, Deed Restrictions for the Accessory Dwelling Units shall be approved by the Housing Authority and recorded by the Pitkin County Clerk and Recorder's Office. Condition 7 becomes obsolete if Condition 6 is removed - if the applicant chooses a different form of mitigation this section is unenforceable and could create confusion. The applicant has not requested to amend this language, but staff recommends the language be eliminated. At first reading, Council asked for clarification on how this request is different than previous discussions regarding the property. The concern was over taking pieces from different Land Use Codes to create a situation that would not be permitted under either Code. Council agreed that either Code would be acceptable, but not parts of both. In this situation, they are replacing a mitigation requirement of the old Land Use Code with whatever mitigation requirement is in place under the current Code. There is no situation being created that is a combination of both Codes. REFERRAL COMMENTS: APCHA has reviewed this project and recommended in favor of the proposal. STAFF RECOMMENDATION: Staff finds the request meets the Subdivision review criteria. The request will bring the property into conformance with current Code and the different options for mitigating new development when it occurs. The six options currently outlined in the code may change in the future as the City continues to refine its growth management system. Staff therefore recommends that the amendment allow any development to be subject to the affordable housing requirements in place at the time of a building permit. Specifically, Staff recommends in favor of eliminating Conditions 6 & 7, as Condition 7 becomes confusing if Condition 6 is removed from the Ordinance and other mitigation methods are used. Staff recommends APPROVAL of the request. RECOMMENDED MOT]ON (ALL MOTIONS ARE IN THE AFF]RMATIVE): -1 move to approve the request to remove Conditions 6 and 7 of Ordinance 66, Series of 1990 which granted the Erdman Partnership Lot Split. as noted in Ordinance No. 5, Series of 2014." EXHIBITS: A. Review Criteria - Minor Amendment B. Ordinance 66, Series of 1990 C. Application 3 .. ORDINANCE NO. 5 (SERIES OF 2014) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING AN AMENDMENT TO CONDITIONS 6 AND 7 OF ORDINANCE 66, SERIES 1990, WHICH ESTABLISHED THE ERDMAN PARTNERSHIP LOT SPLIT, LEGALLY DESCRIBED AS: LOTS 1 & 2, ERDMAN LOT SPLIT, ACCORDING TO THE PLAT THEREOF RECORDED NOVEMBER 26, 1990 IN PLAT BOOK 25 AT PAGE 42, CITY OF ASPEN, PITKIN COUNTY, COLORADO. PARCEL IDs: 2735-121-32-001,2735-121-32-002 WHEREAS, the Community Development Department received an application from Bell 26, LLC, represented by Steev Wilson, Forum Phi, requesting approval of an amendment to Ordinance 66, Series of 1990 which established the Erdman Partnership Lot Split: and, WHEREAS, the property is zoned Medium Density Residential R-6; and, WHEREAS, upon initial review of the application and the applicable code standards, the Community Development Department recommended in favor of the proposed amendment; and, WHEREAS, pursuant to Section 26.480.080, the City Council may approve a Subdivision Amendment, during a duly noticed public hearing after considering comments from the general public, a recommendation from the Community Development Director, and recommendations from relevant referral agencies; and, WHEREAS, the Aspen City Council has reviewed and considered the development proposal under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered the recommendation of the Community Development Director, the applicable referral agencies, and has taken and considered public comment at a public hearing; and, WHEREAS, during a duly noticed public hearing on March 10, 2014, the City Council approved Ordinance No. 5, Series of 2014, by a to (_ -_) vote, approving an amendment to Ordinance 66, Series of 1990 through a Subdivision Amendment; and, WHEREAS, the City Council finds that the development proposal meets or exceeds all applicable development standards; and, WHEREAS, the City Council finds that this Ordinance furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN AS FOLLOWS: Ordinance No 5, Series 2014 Page 1 of 3 .. Section 1: Approvals Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, City Council herby amends Conditions 6 and 7 of Ordinance 66, Series of 1990 to state: 6. Condition 6 is hereby stricken in its entirety. 7. Condition 7 is hereby stricken in its entirety. Section 2: Severability If any section, subsection, sentence, clause, phrase, or portion of this ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. Section 3: Existing Litigation This ordinance shall not aftbct any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 4: Approvals All material representations and commitments made by the Applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the Planning and Zoning Commission or City Council. are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Section 5: Public Hearing A public hearing on this ordinance shall be held on the 10th day of March, 2014, at a meeting of the Aspen City Council commencing at 5:00 p.m. in the City Council Chambers, Aspen City Hall, Aspen, Colorado, a minimum of fifteen days prior to which hearing a public notice of the same shall be published in a newspaper of general circulation within the City of Aspen. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the 1 001 day of February, 2014. Attest: Kathryn S. Koch, City Clerk Steven Skadron, Mayor Ordinance No 5, Series 2014 Page 2 of 3 .. FINALLY, adopted, passed and approved this day of ,2014. Attest: Kathryn S. Koch, City Clerk Steven Skadron, Mayor Approved as to form: City Attorney Ordinance No 5, Series 2014 Page 3 0 f 3 .. EXHIBIT A 26.480.090. Subdivision Amendments C. Minor amendment. An amendment to an approved subdivision found to be generally consistent with the original approval but which does not qualify for an insubstantial amendment may be approved. approved with conditions, or denied by the City Council. The amendment must either respond to issues raised during the original review or must address an issue that could not have been reasonably anticipated during the review. The City Council must find that the change is minor and that it is consistent with or an improvement to the approved subdivision. Notwithstanding the above, the City Council may find that an amendment request is substantial and should require review as a Major Amendment. Staff Findings: The applicant proposes to amend the language in the original approval Ordinance, Ordinance 66 Series of 1990. That ordinance approved a lot split Â®r the property, creating Lot 1 and Lot 2 of the Erdman Partnership Lot Split Subdivision. At the time, the land use code required that any new home have an Accessory Dwelling Unit provided as atibrdable housing mitigation. Today, the land use code establishes a number Of options for the development of a new home. These include Cash-in-lieu, the use of an Affordable 1-lousing Credit, or the construction of an ADU. The applicant is interested in amending the approval to take advantage of the existing options outlined in the code. Today's code provides more flexibility then the code in place in 1992. Staff finds that the request is consistent with the original approval because it reverts to the code in place at the time 0.1 the proposed development. Staffrecommends infavor of' the change. .. EXHIBIT B ORDINANCE NO. 66 (SERIES OF 1990) AN ORDINANCE OF THE ASPEN CITY COUNCIL GRANTING SUBDIVISION EXEMPTION FOR THE ERDMAN PARTNERSHIP LOT SPLIT, DESCRIBED IN METES AND BOUNDS, AT THE S.E. CORNER OF GILLESPIE ST. AND LAKE AVE. WHEREAS, pursuant to Section 7-1003 of the Aspen Land Use Code (revision date August 1989), a Lot Split is a subdivision exemption by the City Council; and WHEREAS, The Erdman Partnership, represented by Donnelley Erdman, has submitted an application for the lot split of a 32,855.5 square foot parcel described in mates and bounds in the SE 1/4 NE 1/4 of Section 12, Township 10 South, Range 85 west of the sixth P.M., City of Aspen); and WHEREAS, the Engineering Department, having reviewed the application has made referral comments and addendums; and WHEREAS, the Planning Office, having reviewed the application pursuant to Section 7-1003, and reviewing referral comments from Engineering, recommends approval with the following conditions: 1. One joint driveway access will be allowed for both lots via the 20' access easement. 2. Prior to filing a final plat the applicant shall agree to Join any future improvement districts. 3. The plat shall indicate the edge of street pavement or curb line and the existing fence and drainage ditch along the 1 . south boundary of the property. 4. The final plat shall indicate that prior to issuance of a building permit for development on either lot, the applicant shall submit a drainage plan to the Engineering Department and do any necessary improvements to the ditch along the south boundary of the parcel. 5. The following FAR and site coverage limits will be: Lot 1: FAR maximum - 4,468 s.f.; Site Coverage - 20% (4,791 s.f.) Lot 2: FAR maximum - 3,449 s.f.(access easement is subtracted from lot area for calculating FAR); Site Coverage - 30.34% (2,700 s.f.) 6. An Accessory Dwelling Unit must be included on each lot for which development lS proposed as a requirement of this Lot Split. Each Accessory Dwelling Unit must comply with the Housing Authority's requirements and must receive Conditional Use approval by the Aspen Planning and Zoning Commission. 7. Prior to issuance of any building permits, Deed Restrictions for the Accessory Dwelling Units shall be approved by the Housing Authority and recorded by the Pitkin County Clerk and Recorder's Office. 8. Development proposed for any lot(s) resulting from this lot split shall conform to the terms and requirements of the Hallam Lake Bluff Environmentally Sensitive Area (ESA) if applicable. 2 .Ir .. 9. A Subdivision Exemption Agreement listing the conditions of approval shall be included as a note section on the final plat. 10. The final plat will be Signed by the Planning Office and recorded by the City Clerk only upon complete satisfaction of all of the above conditions. WHEREAS, the Aspen City Council having considered the Planning Office's recommendations for the lot split does wish to grant the requested Subdivision Exemption for the Erdman Lot Split. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1: That it does hereby grant a Subdivision Exemption for a Lot Split, with the conditions recommended by the Planning Office, to the 32,855.5 s.f. parcel described in this ordinance. Section 2: That the City Clerk be and hereby lS directed, upon the adoption of this ordinance, to record a copy of this ordinance in the office of the Pitkin County Clerk and Recorder. Section 3: A public hearing on the Ordinance shall be held on the - day of. 0 UK , 1990 at 5:00 P.M. in the City Council Chambers, Aspen City Hall, Aspen Colorado, fifteen (15) days prior to which a hearing of public notice of the same shall be published in a 3 0 0 newspaper of general circulation within the City of Aspen. i INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the D. L~ day of C ..10 L ~) , 1990. /1 f v--rike~ William L. Stirling, Mayor ATTpST: 6 -0 4 6.41 Kathryn ~4 Koch, City Clerk FINALLY, adopted, passed and approved this 3- 21--\ day of C) 4/ , 1990. / V/ 2,4-- t-/ /9=17 William L. St'irling, Mayor Kathryn -Sj Koch, City Clerk U 4// 4 .. EXHIBIT C CITY OF ASPEN PRE-APPLICATION CONFERENCE SUMMARY PLANNER: Sara Adams - 970.429.2778 DATE: 1.22.14 PROJECT: 360 Lake Avenue, Lot 1 of the Erdman Partnership Lot Split, Subdivision Amendment REPRESENTATIVE: Lori Dunn, Forum Phi TYPE OF APPLICATION: Subdivision, Minor Amendment DESCRIPTION: The Erdmaii Partnership Lot Split (Bk. 25, Pg. 42) was approved in 1990 via City Council Ordinance 66, Series of 1990. The applicant is interested in removing section 6 of Ordinance 66, Series of 1990 that requires an ADU for affordable housing mitigation for each lot. The proposal is to remove Section 6 entirely and to allow the property to meet the affordable housing mitigation requirements in the Code at the time of building permit submittal (the Code currently allows affordable housing credits to be landed as mitigation). The Applicant will need to submit a Land Use Application requesting a Minor Subdivision Amendment which is a one step review before City Council. Please note that the Subdivision Chapter of has been updated since the last application was submitted for a subdivision amendment in 2013, Below are links to the Land Use Application form and Land Use Code for your convenience. Land Use Application Form: Land Use application Land Use Code: LÂ®iLJ-20-CQCM Land Use Code Section(s) 26.304 Common Development Review Procedures 26.480.090.C Subdivision Minor Amendment Review by: - Planriing Staff for compliance/conipleteness - City Council Public Hearing: Required Planning Fees: $4550 Deposit for 14 hours of staff time. Additional staff time required is billed at $325/hour Referral Fees $650 Housing. .?43 e. yâ€¢rk, 01 1.-40 1 -0 Total Deposit: $ 5200. ANUCIV 2.-1 2.i Total Number of Application Copies: Ten (10) for Council JAN 2 4 2014 011 Y 01Â· ASPEN To apply, submit the following information: t.:(UM[INITY DEVFI OPMEN 1 1. Total Deposit for review of application. 2. Applicant's name, address and telephone number, contained within a letter signed by the applicant stating the name, address, and telephone number of the representative authorized to act on behalf of the applicant. 3. Street address and legal description of the parcel on which development is proposed to occur, consisting of a current certificate from a title insurance company, or attorney licensed to practice in the State of Colorado, listing the names of all owners of the properly, and all .. mortgages, judgments, liens, easenients, contracts and agreements affecting the parcel, and demonstrating the owner's right to apply for the Development Application. 4. Completed Land Use Application. 5. Signed fee agreement. 6. Pre-application Confei-ence Summary. 7. An 8 1/2" x 11"vicinity map locating the subject parcel within the City of Aspen. 8. Proof of ownership. 9. A written description of the proposal and a written explanation of how a proposed development complies with the review standards relevant to the development application. Disclaimer: The foregoing summary is advisory iii nature only and is not binding on the City. The summary is based on current zoning, whjch 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. 1 k 41, Â·et p- ./Mt/2 Â·'Al\' 2 4 7014 (.4 i Y l )1- ASPEN cof.#41 /Ni G /)EVA OPMENI .. Erdman Partnership Lot Split Subdivision Amendment Modification to allow Fee in Lieu or Affordable Housing Credits The Erdman Partnership Lot Split (Bk. 25, Pg. 42) was approved in 1990 via City Council Ordinance 66, Series of 1990. The Ordinance specifies that each Lot of this lot split (Lot-1 and Lot-2) would be responsible to: â€¢ Create an ADU which coniplies with Ihe standards of tile housing authority (note 6) File a Deed Restriction which has bee,1 approved by the housing authority for any ADU's which are created (note 7) The existing residence at 360 Lake has and ADU which was approved and deed reslricted. The deed restriction does not require occupancy or rental as part of tile restriction, The ADU currently exists and is un-rented and unoccupied. It is the desire of our client to mitigate the ADU as we would typically be allowed using the code as it exists today. This would allow for two additional mitigation methods, the first being to pay the fee in lieu for based on the FAR constructed OR second to offset using affordable housing credits. This would modify note 6 to require tlie mitigation for eniployee housing using the code current at the time of permit submission, It is our belief that Purchasing an affordable housing credit for a unit that is already constructed and likely occupied, or contributing via fee in lieu towards the city's ongoing employee housing construction, will be more beneficial to the community than is an unoccupied ADU at 360 Lake Ave, This would bring the subject properties more inlo conformance with the current code and with that conformance we hope more into line with tile city's goals. .. FORUM PHI ' A 715 W Main St, Ste 204 Aspen, CO 81611 P (970) 279-4157 F: (866) 770-5585 360 Lake Ave - Aspen, CO 81611 \ i - - Bell 26, LLC CONSULTANT 31/ . 1 11 CONTRACTOR SITE LOCAT!ON - TBD / 0 ....97 % '.1- C DATE OF PUBLICATION 1/24/2014 1 . PdZ 1/24,/2014 LAND USE APP . 2 , 9 . P ~.C> 5:S"' f~ ~SPA 94012*teÂ«R-Hs &,'~0.6 1, '\ - i - -- PROJECT NO: 1207 ft; .Â·. ~,2:..:LfÂ·.. :.444'9}fit -. Â·...:/--..f-Â· - 1 1 :-L.fof>: 15 . ...~, 4 . . e ; 9.0'~ </25 i "% '2 SITE LOCATION DRAWN BY SMW 3/.. . if 10.. . ''94/4..5.4>3>~,Â· 6,#79. t'' , ~,A 17.11.ZA<le.>44(2..9<4Z'~&~~~Lt:1.-~~4... -/ 4- ..6 ~~'1,. 13//4~~u.--im..~m. .1..1 .1.-/r, ..74>tÂ·.C: COPYRIGHT FORUM PHI, LLC 0 -- /1 j .3 *~,t.. Fi,~~bl- PEAr'. ,â€¢.-7 v--.-- h.'# c //Â·2, F zÂ»~_i'.763Â«.2Â»---.93~{;425#t?1453%~#*FOL~o.>2 .:'. ..< le t. I 1 / Ah f : -%5=| ~~~ ---~.<Tri~se+~ <9~. rf,35&**964~2~ r.,1 . 1/ II "46 I "' .. .\,-- C>-2 .... a-,f. v.n:n<2487~1.j,-4>// 49/3/9*#v-- ~.0Â«. t.jj 7% O Â¥221,17 . f.373Â«621>:,<62 .Phk.f~.4.-,l.Jrr~4d.joÂ»41<491'4(40, '...'. Â·0/2/1.' .1 - <Â· 4-4-g Â·-5' R;Â«14'7*-~2.... 1.?50(62L/F.~--4.Â»050/93,37.7.:V.....,21,Â« t. .r~< %2 1 -1~ . I.,4. '/-/ . - 3 r:- i~ Crogr' sci.-â€¢.,4 ' ... , .~-91~?199â‚¬48â‚¬57,Â«2 30Â»46~-4~~ Â·44*Â·Â»i*f il't~flitif~~~ W :R#e i .1 2-42--,-'.f.&':LL. 21'.9442Â»-vo:/0/4..2 Â£ Â· Â· Â·r Â».//5/,4: De=> v VICINITY MAP / 2- fc,-cÂ»Â·4<z..ygri:vir 4~-r=.42427< -7- 429-9 -*0%4244<Nbli,iFFEref AtMAL.: rroarmil:Fe#KRO 1 3 -, Â· 1 /51 'of':/9 / i .. Fr- 018 STORAGE 015 FORUM PHI 715 W Main Street, Ste 204 Aspen, CO 81611 P: (970) 279-4157 F. (866) 770-5585 ru 360 Lake Ave Aspen, CO 81611 Bell 26, LLC CONSULTANT CONTRACTOR - TBD DATE OF PUBLICATION 1/24/2014 h STORAGE ||- 003 HALL - MECH STORAGE -r&2 1/24/2014 LAND USE APP 001 002 ' GALLERY AREA MN 4 4, b PROJECTEL 1207 ~:'LE v jf-34-1 'D.,1 ''*1 + /<4 010 BATHROOM 012 DR6WN BE - _SMW - 14,1.44 4, f 41 BATH Ird -7 COPYRIGHT FORUM PHI, LLC 4'D//4034, 1 11 l, 4-PMFZA r-iE-11 A / 1 71 1 ' " / C ....P --7 008 112 ~ 0/ BEDROOM .0 1 ti ----- . ...4=13 r 4102- â„¢; 1 m JI ~ | BEDROOM /0;/ [ 005 1,7 . I. 4 iâ€¢ dP' BEDFÂ¢00.1 .:.9 007 1 4 .4.1.4 Al.1 3/32" = 1'-0" LOWER LEVEL â‚¬ LOWER LEVEL Â¤ 45 10 k 0 *===22 GARAGE 110 1 FORUM PHI 715 W Main Street, Ste 204 /1 Aspen, CO 81611 P: (970) 279-4157 G '41 il'4DN F (856) 770-5585 360 Lake Ave Aspen, CO 81611 Bell 26, LLC CONSULTANT CONTRACTORL_ TBD < DATE OF PUBLICATION 1/24/2014 1/RI 11 h. DINING ~ 1 f ENTR PROJECT NO 1207 103 PU 1/24/2014 LAND USE APP 446 ILL~~1==~fi== 1 LNDRY I DRAWN BY SMW | it 106 2~ _ Or . ...4 ..4. COPYRIGHT FORUM PHI, LLC LIBRARY toe A ) RITCHENâ‚¬-,- 3> 0 4 f. 'F ; j LIVING AREA 9* .90 y m2 1 1 \ LK / ~ 1 YA 1\, 1/ Al.2 MAIN LEVEL 3/37 - 1'-0" MAIN LEVEL .. <_Jif__-) 1 2-7 --L_._u;bl- C EXISTINGADU FORUM PHI 628 SQ FT ADU Â® 715 W Main Street, Ste 204 Aspen, CO 81611 P: (970) 279-4157 r 2 - 1,_11]jilDÂ· F: (866) 770-5585 4301 un 360 Lake Ave Aspen, CO 81611 Bell 26. LLC ~- - - CONSULTANT CONTRACTOR - -- 706 DATE OF PUBLICATION 104/2014 / ./ 77 1 40Â» -e , 232~ , 2, P&Z 1/24/2014 LAND USE APP 1 1 CLOSET zw-1- ff-tffÂ¥1~ , Irl| MASTER BEDRM 7---- --E--- pROJECT NO: 1207 205 \ 111 \<>- -4 4---, 1 X I DRAWN BY. SMW 202 H ___JL==L][h LAV n Ir- COPYRIGHT FORUM PHI, LLC H H ]1 Â«~ 204 MASTER STUPY I 1 Mt Â« 1 <' <.< 214-1 41 .# DECK ' . 1 ~Â«f\\\ / Al.3 UPPER LEVEL \1>Â· UPPER LEVEL 3/32" = 1'-0" .. t\1 291 6, / 0 FORUM PHI 715 W Main Street, Ste 204 Aspen, CO 81611 P (970) 279-4157 F (866) 770-5585 Aspen, CO 81611 360 Lake Ave Bel 26. LLC - CONSULTANT CONTRACTOR TBD /1 IA DATE OF PUBLICATION 1/24/2014 P&Z 1/24/2014 LAND USEAPP PROJECT NO: 1207 9 DRAWN BY SMW COPYRIGHT FORUM PHI, LLC ~rt'///fr J fikfft0i 11 /4Â»199 Al.4 ROOF PLAN ROOF PLAN 3/32" = 1'-0" .. AFFIDAVIT OF PUBLIC NOTICE , REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDR_ESS OF PROPERTY: 55 l{ l~ ('~ I \A th j C) fl (I)17-le fl (Lf Flf) f~14- , Aspen, CO Â§CHEDULED PUBLIC HEARING DATE: picir,3643LL i \Lf Cfit. ACI,Vl 1 0 ,2014 Cj STATE OF COLORADO ) ) SS. County of Pitkin ) , 1 I, Ly.3 OL 1'77 \ 1401 Ha-'11_ 44 47 (narne, 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 ofnotice: 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 descibed 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 o f 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 tlie 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, SPAs or PUDs that create more than one lot, new Planned Unit Developments, and new Specially Planned Areas, 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 o f 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. l/fouuÂ«- Signaturo The foregoing "Affidavit ofNotice" was acknowledged before me thisgO day of Rbal'll ,20_.El, by 24Â¥Aq Naphil N fli//5/2121%%*599115 1/ Wi .05Â£:53%Â·i/523&&295%2 *M WITNESS MY HAND AND OFFICIAL SEAL 0% 1:115&2&12524153%:23 12 -I. 3&58.3%3.5 38.,511. 5-61 1% 1 21:19;ike:RE&:%:cm 53 My~mmission expires: 5&,79-700-~ Al ill- 2-5 2 m- /5/25/*EN i M I .20% am.-Â£(DO-Â·.'< M70<< 4- 42.2=%-8Â§5 2Â£5943;2E 58 3 0464 9 klbtfuju q m W gi 25 0- 1-8 * 52-2 Citg. 5 o N emii-gasm- Gam=NE,%&~ =M 14~tary Public J -wAKYPU~ 2 2-*-1 2-8-2-2/23â‚¬45-2/Ei 3 : &29Â£5:&22Â§8:Ew,32 ;;0~ ~ i i; *03212-@-mis-*m-*53#::j=* 22 3 21 34#BE:,2/iÂ¥@RE/31:2 1 1 UNDA M. i ATTACHMENTS AS APPLICABLE: i MANNMG i â€¢ COPY OF THE PUBLICATION o COy â€¢ PHOTOGRAPH OF THE POSTED NOTICE (SIGN) â€¢ LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES #96BMEDE*es 0111%4014 BY MAIL â€¢ APPLICANT CERTIFICATION OF MINERA_L ESTAE OWNERS NOTICE AS REQUIRED BY C.R.S. 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'00.Vul . 1. 4:t 4 1%,1 3 V ': ZILKHA SELIM K TRUST , mi~ 750 LAUSANNE RD LOS ANGELES, CA 90077 . % 14 Â»Â»97 .. 320 ASPEN LLC 335 LAKE AVE LLC AML INVESTMENT 11 LLC 2950 E BROAD ST 715 W MAIN ST #101 430 PARKSON RD COLUMBUS, OH 43209 ASPEN, CO 81611 HENDERSON, NV 89015 ASPEN CENTER FOR ENVIRONMENTAL BART QUAL PER RES TRST BELL 26 LLC STUDIES 909 POYDRAS ST 20TH FL PO BOX 1860 100 PUPPY SMITH ST NEWORLEANS, LA 70112 BENTONVILLE, AR 72712 ATTN KATIE SCHWOERER ASPEN, CO 81611 BERGER BRUCE C 2011 QPRT #1 50% CHATFIELD CROSSINGS INC E A ALTEMUS PARTNERSHIP LLLP BERGER BARBARA 2011 QPRT #1 50% C/O DWORMAN DARRYL PO BOX 5000 600 E HOPKINS AVE #202 65 W 55TH ST STE 4A ASPEN, CO 81612 ASPEN, CO 81611 NEWYORK, NY 10019 EFH HOLDINGS LP FAUQUET LLC GILLESPIE LLC PO BOX 8770 1033 SKOKIE BLVD #605 191 N WACKER DR #1800 ASPEN, CO 81612 NORTHBROOK, IL 60062 CHICAGO, IL 60606 HUNT ELLEN B LEYDECKER SUZANNE LYNNE LUBAR SHELDON B & MARIANNE S PO BOX 8770 710 N THIRD ST UNIT A 700 N WATER ST #1200 ASPEN, CO 81612 ASPEN, CO 81611 MILWAUKEE, WI 53202-4206 RANDALL EDWARD 111 50% MUSTANG HOLDINGS LLC OAK LODGE LLC FIVE POST OAK PARK #2580 715 W MAIN ST #201 PO BOX 7951 4400 POST OAK PI<\NY ASPEN, CO 81611 ASPEN, CO 81612 HOUSTON, TX 77027 RANDALL ELLEN MIDDLETON TRUST RIVERSIDE AVENUE LLC WALNUT CREEK RANCH LLC 50% 410 LAKE AVE 4520 MAIN ST STE 1060 600 JEFFERSON STE #350 ASPEN, CO 81611 KANSAS CITY, MO 64111-1816 HOUSTON, TX 77002 WESNER BLAINE F & ALEXA WOOD DUCK REALTY CORP ZILKHA SELIM K TRUST 900 LIVE OAK CIR 450 PARK AVENUE 3RD FLOOR 750 LAUSANNE RD AUSTIN, TX 78746 NEWYORK, NY 10022 LOS ANGELES, CA 90077 .. ReMular Meeting Aspen City Council February 10,2014 Councilman Romero moved to read Ordinance #4, Series of 2014: seconded by Councilman Frisch. All in favor, motion carried. ORDINANCE NO. 4 (SERIES OF 2014) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPE-N, COLORADO, APPROVING THE DEVELOPMENT OF AFFORDABLE HOUSING OUTSIDE CITY LIMITS AND THE ESTABLISHMENT OF A CERTIFICATE OF AFFORDABLE HOUSING CREDITS FOR THE PROPERTY LEGALLY DESCRIBED AS UNIT B, PACIFIC AVE CONDOMINIUMS, ACCORDING TO THE PLAT THEREOF RECORDED AUGUST 9,2006 IN PLAT BOOK 80 AT PAGE 79 AND COMMONLY DESCRIBED AS 412 AABC Councilman Romero moved to adopt Ordinance #4, Series of 2014. on first reading; seconded by Councilman Frisch. Roll call vote: Councilmembers Frisch, yes; Romero, yes: Mullins. yes: Mayor Skadron, yes. Motion carried. Councilman Romero said for second reading he would like to know how many units have been built through the credit program and how many remain. Councilwoman Mullins said she would like to see the distinction between the UGB and the city limits. ORDINANCE #5, SERIES OF 2014 - Erdman Partnership Lot Split - Subdivision Amendment Justin Barker, community development department, pointed out this is two properties on Lake Avenue, one property contains a single family dwelling and an ADU; the other lot is vacant. Ordinance #66,1990. the original approving ordinance, has a condition requiring each property provide on-site affordable dwelling unit as affordable housing mitigation. At the time, that was the only form of housing mitigation in the land use code. Councilwoman Mullins said in the previous discussions regarding this property, the concern was taking pieces from different land use codes and Council agreed to stick to one adopted land use code and is the same situation. Jim True, city attorney, said this action would be consistent with the position Council took on this previous application. Councilman Romero moved to read Ordinance #5, Series of 2014; seconded by Councilman Frisch. All in favor, motion carried. ORDINANCE NO. 5 (SERIES OF 2014) 5 .. Reeular Meetine Aspen Citv Council February 10,2014 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING AN AMENDMENT TO CONDITIONS 6 AND 7 OF ORDINANCE 66, SERIES 1990, WHICH ESTABLISHED THE ERDMAN PARTNERSHIP LOT SPLIT, LEGALLY DESCRIBED AS: LOTS 1 & 2, ERDMAN LOT SPLIT, ACCORDING TO THE PLAT rHEREOF RECORDED NOVEMBER 26, 1990 IN PLAT BOOK 25 AT PAGE 42, CITY OF ASPEN, PITKIN COUNTY, COLORADO. Councilman Frisch moved to adopt Ordinance #5. Series of 2014, on first reading; seconded by Councilwoman Mullins. Roll call vote; Councilmembers Mullins, yes; Daily, yes; Romero, yes; Frisch, yes; Mayor Skadron, yes. Motion carried. ORDINANCE #3, SERIES OF 2014 - Code Amendment Procurement Barry Crook, assistant city manager, told Council this amendment will change the threshold limits to raise department head approval from $5,000 to $9.999, to increase the limits for competitive quotes requiring city manager sign off to $10.000 and $24.999, to require formal RFPs at $25,000 and above and raise the threshold for emergency procurement that must be reported to Council to $25,000. Crook noted if this ordinance is adopted. the thresholds can rise by CPI every year. Councilman Frisch moved to read Ordinance #3, Series of 2014; seconded by Councilman Romero. All in favor, motion carried. ORDINANCE N0. 3 (Series of 2014) AN ORDINANCE OF THE CITY COUNCIL OF THE CrrY OF ASPEN, COLORADO, AMENDING TITLE 4 OF THE ASPEN MUNICIPAL CODE, PROCUREMENT CODE. Councilman Romero moved to adopt Ordinance #3. Series of 2014, on first reading; seconded by Councilman Frisch. Roll call vote; Councilmembers Frisch, yes; Mullins, yes; Romero, yes; Daily, yes; Mayor Skadron. yes. Motion carried. ORDINANCE #6, SERIES OF 2014 - Approving lease/purchase agreement IT Firewall Don Taylor, finance department, told Council the Charter requires Council adopt an ordinance for this type of financing for the firewall for IT. 6 .. MEMORANDUM TO: Mayor Skadron and Aspen City Council THRU: Chris Bendon, Community Development Director~~~~~ FROM: Justin Barker, Planner RE: First Reading of Ordinance No. 5, Series of 2014 - Erdman Partnership Lot Split - Subdivision Amendment MEETING DATE: February 10,2014 (Second Reading scheduled March 10,2014) APPLICANT: SUMMARY: Bell 26, LLC The Applicant requests an amendment to Ordinance 66, Series of 1990 which created the REPRESENTATIVE: Erdman Partnership Lot Split. The applicant Steev Wilson, Forum Phi requests to amend the Ordinance to remove Condition 6 of the Ordinance that requires an LOCATION: ADU for affordable housing mitigation for each Erdman Partnership Lot Split, lot. The property would be required to meet 360 Lake Avenue affordable housing mitigation requirements in the Code at the time of building permit submittal. CURRENT ZONING & USE: This would allow for the use of Affordable R-6, single-family home + ADU/vacant lot Housing Credits or cash-in-lieu as mitigation options. PROPOSED LAND USE: One single-family home per lot STAFF RECOMMENDATION: Staff recommends approval of the request. LAND USE REQUESTS AND REVIEW PROCEDURES: The Applicant is requesting the following land use approvals: â€¢ Subdivision Amendment to remove Condition 6 0 f Ordinance 66, Series of 1990 pursuant to Land Use Code Section 26.480.080.B (City Council is the final review authority). PROJECT BACKGROUND: The Applicant has requested an "Other Amendment" to the subdivision approval granted for the Erdman Partnership Lot Split through Ordinance 66, Series of 1990. A copy of the original Ordinance is included in the Application, attached as Exhibit B. In 1990, the property was divided into two (2) lots: Lot 1, which includes an existing single-family home with ADU, and Lot 2 which is vacant. The approval required an Accessory Dwelling Unit (ADU) to be included on each lot as mitigation for when new development occurs. This was the only housing 1 .. mitigation option outlined in the 1990 code, which is why it was included as a condition. Lot 2 has remained undeveloped. PROJECT SUMMARY: Lot 1 currently contains an ADU that is approximately 628 square feet. The ADU is deed- restricted as a Resident Occupied (RO) dwelling unit and is currently un-rented and unoccupied. The Applicant requests that the Ordinance condition requiring housing mitigation in the form of an ADU be removed to enable the applicant to use today' s code, which outlines a number of different options for housing mitigation. This includes providing an ADU, paying a cash-in-lieu fee, or purchasing an Affordable Housing Credit. The applicant has stated that purchasing an Affordable Housing Credit or paying a cash-in-lieu fee for the existing structure would serve more as a benefit to the community than an unoccupied ADU. Any structure on Lot 2 would be granted the options for mitigation under the Code at time of building permit. STAFF EVALUATION: Subdivision Amendment-The Applicant is requesting to remove Condition 6 0 f Ordinance 66, Series of 1990. The condition currently reads: "An Accessory Dwelling Unit must be included on each lot for which development is proposed as a requirement of this Lot Split. Each Accessory Dwelling Unit must comply with the Housing Authority's requirements and must receive Conditional Use approval by the Aspen Planning and Zoning Commission. At the time, this was the only form of housing mitigation allowed for a Lot Split under the Land Use Code. Today, an applicant has the following six (6) options for mitigating new development, pursuant to Section 26.470.060 of the Land Use Code: 1) Providing an above-grade, detached accessory dwelling unit (ADU) or a carriage house pursuant to Chapter 26.520, Accessory Dwelling Units and Carriage Houses; 2) Providing an accessory dwelling unit, or a carriage house, authorized through special review to be attached and/or partially or fully subgrade. pursuant to Chapter 26.520; 3) Providing an off-site affordable housing unit within the Aspen Infill Area accepted by the Aspen/Pitkin County Housing Authority and deed-restricted in accordance with the Aspen/Pitkin County Housing Authority Guidelines, as amended; 4) Paying the applicable affordable housing impact fee pursuant to the Aspen/Pitkin County Housing Authority Guidelines, as amended; or 5) Recording a resident-occupancy (RO) deed restriction on the single-family dwelling unit being constructed. 6) Providing a Certificate of Affordable Housing Credit as mitigation, pursuant to Section 26.540.060 Authority ofthe Certificate, commensurate with the net increase of square footage, according to Aspen/Pitkin County Housing Authority Guidelines, as amended. 2 .. The applicant is requesting to remove Condition 6. This will enable any future development on the property to be subject to the affordable housing mitigation in place at the time of any building permit. In addition, Condition 7 of the Ordinance states, "Prior to issuance of any building permits, Deed Restrictions for the Accessory Dwelling Units shall be approved by the Housing Authority and recorded by the Pitkin County Clerk and Recorder's Office. " Condition 7 becomes obsolete if Condition 6 is removed - if the applicant chooses a different form of mitigation this section is unenforceable and could create confusion. The applicant has not requested to amend this language, but staff recommends the language be eliminated. REFERRAL COMMENTS: APCHA has reviewed this project and recommended in favor of the proposal. ~TAFF RECOMMENDATION: Staff finds the request meets the Subdivision review criteria. The request will bring the property into conformance with current Code and the different options for mitigating new development when it occurs. The six options currently outlined in the code may change in the future as the City continues to refine its growth management system. Staff therefore recommends that the amendment allow any development to be subject to the affordable housing requirements in place at the time of a building permit. Specifically, Staff recommends in favor of eliminating Conditions 6 & 7, as Condition 7 becomes confusing if Condition 6 is removed from the Ordinance and other mitigation methods are used. Staff recommends APPROVAL of the request. RECOMMENDED MOTION (ALL MOTIONS ARE IN THE AFFIRMATIVE): "I move to approve the request to remove Conditions 6 and 7 of Ordinance 66, Series of 1990 which granted the Erdman Partnership Lot Split, as noted in Ordinance No. 5, Series of 2014 on First Reading." EXHIBITS: A. Review Criteria - Other Amendment B. Ordinance 66, Series of 1990 C. Application 3 .. ORDINANCE NO. 5 (SERIES OF 2014) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING AN AMENDMENT TO CONDITIONS 6 AND 7 OF ORDINANCE 66, SERIES 1990, WHICH ESTABLISHED THE ERDMAN PARTNERSHIP LOT SPLIT, LEGALLY DESCRIBED AS: LOTS 1 & 2, ERDMAN LOT SPLIT, ACCORDING TO THE PLAT THEREOF RECORDED NOVEMBER 26, 1990 IN PLAT BOOK 25 AT PAGE 42, CITY OF ASPEN, PITKIN COUNTY, COLORADO. PARCEL IDs: 2735-121-32-001,2735-121-32-002 WHEREAS, the Community Development Department received an application from Bell 26, LLC, represented by Steev Wilson, Forum Phi, requesting approval of an amendment to Ordinance 66, Series of 1990 which established the Erdman Partnership Lot Split; and, WHEREAS, the property is zoned Medium Density Residential, R-6; and, WHEREAS, upon initial review of the application and the applicable code standards, the Community Development Department recommended in favor of the proposed amendment; and, WHEREAS, pursuant to Section 26.480.080, the City Council may approve a Subdivision Amendment, during a duly noticed public hearing after considering comments from the general public. a recommendation from the Community Development Director, and recommendations from relevant referral agencies; and, WHEREAS, the Aspen City Council has reviewed and considered the development proposal under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered the recommendation of the Community Development Director, the applicable referral agencies, and has taken and considered public comment at a public hearing; and, WHEREAS, during a duly noticed public hearing on March 10, 2014, the City Council approved Ordinance No, 5, Series of 2014, by a to C__ -_) vote, approving an amendment to Ordinance 66, Series of 1990 through a Subdivision Amendment; and, WHEREAS, the City Council finds that the development proposal meets or exceeds all applicable development standards; and, WHEREAS, the City Council finds that this Ordinance furthers and is necessary for the promotion of public health, safety, and wel fare. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN AS FOLLOWS: Ordinance No 5, Series 2014 Page 1 0 f 3 .. Section 1: Approvals Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, City Council herby amends Conditions 6 and 7 of Ordinance 66, Series of 1990 to state: 6. Condition 6 is hereby stricken in its entirety. 7. Condition 7 is hereby stricken in its entirety. Section 2: Severabilitv If any section, subsection, sentence, clause, phrase, or portion of this ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. Section 3: Existing Litigation This ordinance shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 4: Approvals All material representations and commitments made by the Applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the Planning and Zoning Commission or City Council, are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Section 5: Public Hearing A public hearing on this ordinance shall be held on the 1 0th day of March, 2014, at a meeting o f the Aspen City Council commencing at 5:00 p.m. in the City Council Chambers, Aspen City Hall, Aspen, Colorado, a minimum of fifteen days prior to which hearing a public notice of the same shall be published in a newspaper of general circulation within the City of Aspen. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council o f the City of Aspen on the day of February, 2014. Attest: Kathryn S. Koch, City Clerk Steven Skadron, Mayor Ordinance No 5, Series 2014 Page 2 0 f 3 .. FINALLY, adopted, passed and approved this day of ,2014. Attest: Kathryn S. Koch, City Clerk Steven Skadron, Mayor Approved as to form: City Attorney Ordinance No 5, Series 2014 Page 3 of 3 .. EXHIBIT A 26.480.080. Amendment to subdivision development order. B. Other amendment. Any other amendment shall be approved by the City Council, provided that the proposed change is consistent with the approved plat. If the proposed change is not consistent with the approved plat, the amendment shall be subject to review as a new development application for plat. Staff Findings: The applicant proposes to amend the language in the original approval Ordinance, Ordinance 66 Series of 1990. That ordinance approved a lot split for the property, creating Lot 1 and Lot 2 of the Erdman Partnership Lot Split Subdivision. At the time, the land use code required that any new home have an Accessory Dwelling Unit provided as affordable housing mitigation. Today, the land use code establishes a number of options .for the development of a new home. These include Cash-in-lieu, the use of an Affordable Housing Credit, or the construction of an ADU. The applicant is interested in amending the approval to take advantage Of the existing options outlined in the code. Today's code provides more flexibilit-y then the code in place in 1992. Staff,Ands that the request is consistent with the original approval because it reverts to the code in place at the time ofthe proposed development. Staff recommends in favor ofthe change. .. EXHIBIT B ORDINANCE NO. 66 (SERIES OF 1990) AN ORDINANCE OF THE ASPEN CITY COUNCIL GRANTING SUBDIVISION EXEMPTION FOR THE ERDMAN PARTNERSHIP LOT SPLIT, DESCRIBED IN METES AND BOUNDS, AT THE S.E. CORNER OF GILLESPIE ST. AND LAKE AVE. WHEREAS, pursuant to Section 7-1003 of the Aspen Land Use Code (revision date August 1989), a Lot Split is a subdivision exemption by the City Council; and WHEREAS, The Erdman Partnership, represented by Donnelley Erdman, has submitted an application for the lot split of a 32,855.5 square foot parcel described in metes and bounds in the SE 1/4 NE 1/4 of Section 12, Township 10 South, Range 85 west of the sixth P.M., City of Aspen); and WHEREAS, the Engineering Department, having reviewed the application has made referral comments and addendums; and WHEREAS, the Planning Office, having reviewed the application pursuant to Section 7-1003, and reviewing referral comments from Engineering, recommends approval with the following conditions: 1. One joint driveway access will be allowed for both lots via the 20' access easement. 2. Prior to filing a final plat the applicant shall agree to Join any future improvement districts. 3. The plat shall indicate the edge of street pavement or curb line and the existing fence and drainage ditch along the 1 . south boundary of the property. 4. The final plat shall indicate that prior to issuance of a building permit for development on either lot, the applicant shall submit a drainage plan to the Engineering Department and do any necessary improvements to the ditch along the south boundary of the parcel. 5. The following FAR and site coverage limits will be: Lot 1: FAR maximum - 4,468 s.f.; Site Coverage - 20% (4,791 s.f.) Lot 2: FAR maximum - 3,449 s.f. (access easement is subtracted from lot area for calculating FAR); Site Coverage - 30.34% (2,700 s.f.) 6. An Accessory Dwelling Unit must be included on each lot for which development lS proposed as a requirement of this Lot Split. Each Accessory Dwelling Unit must comply with the Housing Authority's requirements and must receive Conditional Use approval by the Aspen Planning and Zoning Commission. 7. Prior to issuance of any building permits, Deed Restrictions for the Accessory Dwelling Units shall be approved by the Housing Authority and recorded by the Pitkin County Clerk and Recorder's Office. 8. Development proposed for any lot(s) resulting from this lot split shall conform to the terms and requirements of the Hallam Lake Bluff Environmentally Sensitive Area (ESA) if applicable. 2 .. 9. A Subdivision Exemption Agreement listing the conditions of approval shall be included as a note section on the final plat. 10. The final plat will be signed by the Planning Office and recorded by the City Clerk only upon complete satisfaction of all of the above conditions. WHEREAS, the Aspen City Council having considered the Planning Office's recommendations for the lot split does wish to grant the requested Subdivision Exemption for the Erdman Lot Split. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE i CITY OF ASPEN, COLORADO: Section 1: That it does hereby grant a Subdivision Exemption for a Lot Split, with the conditions recommended by the Planning Office, to the 32,855.5 s.f. parcel described in this ordinance. Section 2: That the City Clerk be and hereby lS directed, upon the adoption of this ordinance, to record a copy of this ordinance in the office of the Pitkin County Clerk and Recorder. Section 3: A public hearing on the Ordinance shall be held on the _~_p__ day of /) UP'- i 1990 at 5:00 P.M. in the City Council Chambers, Aspen City Hall, Aspen Colorado, fifteen (15) days prior to which a hearing of public notice of the same shall be published in a 3 0 0 newspaper of general circulation within the City of Aspen. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City o f Aspen on the D. ~ day of 7 1Â« , 1990. W//41/1 William L. Stirling, Mayor 77 ST: 1 uâ€ž,3 0 LLUJ Kaunryn ~/ Koch, City Clerk FINALLY, adopted, passed and approved this ~~~~~~~~~~~7 day of Ci, 4/ , 1990. -'Al.i p/~ William L. St'irling, ayor -NgAwn. h AJ/_ A E-(KEk,04Â»Â·.0 * ][4â‚¬L_ Kathryn -y Koch, City Clerk 4 FINAL PLAT OF 060* 25 Patj â‚¬ 42 - ERDMAN PARTNERSHIP LOT SPLIT 'P,!r"1 + IlÂ¥~1,4-4, rÂ·FRT,Fleâ€¢TIM .WNFRiHIP 11~ 1â€¢1Â¢'AT~~1â€¢, *NTâ€¢ ....910: rk...... ,GRFFM,",-7 r' *Al'â€¢ Z-5 1 ...DIAÂ»"'Â·... 1~~Atl ND nÂ· THESE PRESDTUP.â€¢' 7Â·,Â£ bacÂ».â€¢> â€¢Â·â€¢0thlo A *oaâ€¢rÂ© -- - ..... d./ lt...... .4 p....E..................Of T.......iÂ·/Ill/,I['-2.â‚¬ .... i.'Yll........../*33>Tl LOTS./.2 1............v./ir: 20>ini,nâ€¢.irT SPUI.45 3?1CU11 *I I. 'El HIERON AND .. ... '...... ...E . 0' .... *I TH! 5'.87-;ke,;~i, 1*Â·Â· = R M ' 1.....'.DE....ssâ€¢M...0Â·.............,le,IN.... -.....HERâ€¢Â·A .C>Â·A.I. 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THE CITY oF Aspi:N Land Use Application Determination of Completeness Date: January 28.2014 Dear City of Aspen Land Use Review Applicant, We have received your land use application and reviewed it for completeness. The case number and name assigned to this property is 0010.2014.ASLU -360 Lake Ave., Minor Subdivision Amendment. Your planner assigned to the case is Justin Barker. O Your Land Use Application is incomplete: Please submit the aforementioned missing submission items so that we may begin reviewing your application. No review hearings will be scheduled until all of the submission contents listed above have been submitted and are to the satisfaction of the City of Aspen Planner reviewing the land use application. X Your Land Use Application is complete: If there are not missing items listed above, then your application has been deemed complete to begin the land use review process. Other submission items may be requested throughout the review process as deemed necessary by the Community Development Department. Please contact me at 429-2778 if you have any questions. ThallkYou, - Sahrkdams, Senior Planner City of Aspen, Community Development Department For Office Use Only: Qualifying APplietions: Mineral Rights Notice Required New SPA Re<UD Yes - No_X__ Subdivision, SPA, or PO1614~crearing more than 1 additional lot) -0- GMQS Allotmer~ Residential Affordabki!ousing Yes No Commercial E.P.F. Lodging .. Forum Phi 715 W Main St, Suite 204 Aspen, CO 81611 P (970) 797-4880 F. (866) 770-5585 LAND USE APPLICATION SUBDIVISION, MINOR AMENDMENT 360 Lake Ave - Single Family Residence January 23,2014 Applicant: Bell 26, LL.C Location. 360 Lake Ave, Aspen, Colotado 81611 An application for a Minor Subdivision Amendment to remove the ADU requirement. TABLE OF CONTENTS Pie-Application Conterence Summary Agreement to Pay Application Fees l.and Use Application Disclosure of Ownership Letter of Owner's Authorization Deed Restriction - City Ordinance â‚¬6 Amendment of Deed Restriction - Address Change Project Description Vicinity Map Architectural Set - Existing Floor Plans RECEIVED JAN 2 4 2014 Gil Y Ut- ASPEN COMMUNITY DEVELOPMENT .. CITY OF ASPEN PRE-APPLICATION CONFERENCE SUMMARY PLANNER. Sara Adams - 970.429.2778 DATE: 1.22.14 PROJECT: 360 Lake Avenue, Lot 1 of the Erdman Partnership Lot Split, Subdivision Amendment REPRESENTATIVE: Lori Dunn, Forum Phi TYPE OF APPLICATION: Subdivision, Minor Amendment DESCRIPTION. The Erdman Partnership Lot Split (Bk. 25, Pg. 42) was approved in 1990 via City Council Ordinance 66, Series of 1990. The applicant is interested in removing section 6 of Ordinance 66, Series of 1990 that requires an ADU for affordable housing mitigation for each lot. The proposal is to remove Section 6 entirely and to allow the property to meet the affordable housing mitigation requirements in the Code at the time of building permit submittal (the Code currently allows affordable housing credits to be landed as mitigation). The Applicant will need to submit a Land Use Application requesting a Minor Subdivision Amendment which is a one step review before City Council. Please note that the Subdivision Chapter of has been updated since the last application was submitted for a subdivision amendment in 2013. Below are links to the Land Use Application form and Land Use Code for your convenience. L.and Use Application Form: Ly.in.Â¢.1...Lj.5.9.-2419).i..1.q.@.tj.Qi.1 Land Use Code: Land Use Cpfle Land Use Code Section(s) 26.304 Common Development Review Procedures 26.480.090.C Subdivision Minor Amendment Review by. - Planning Staff for compliance/completeness - City Council Public Hearing. Required Planning Fees: $4550 Deposit for 14 hours of staff time. Additional staff time requiled is billed at $325/hour Referral Fees. $650 Housing. Total Deposit: $ 5200. RECEIVED Total Number of Application Copies: Ten (10) for Council JAN 2 4 2014 CITY OF ASPEN To apply, submit the following information: COMMI INITY DEVELOPMEN1 1 Total Deposit for review of application. 2. Applicant's name, address and telephone number, contained within a letter signed by the applicant stating the name, address, and telephone number of the representative authorized to act on behalf of the applicant 3. Street address and legal description of the parcel on which development is proposed to occur, consisting of a current certificate from a title insurance company, or attorney licensed to practice in the State ot 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. 4. Completed Land Use Application. 5. Signed fee agreement 6. Pre-application Conference Summary. 7. An 8 1/2" x 11" vicinity map locating the subject parcel within the City of Aspen. 8. Proof of ownership. 9. A written description of the proposal and a written explanation of how a proposed development complies with the review standards relevant to the development application. Disclaimer: The foregoing summary is advisory iii 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 surnmary does pot cleate a legal or vested right. RECEIVED f 4/4 2 4 7014 Li I Y uk AbpEN (Â¢flAA, INITY DEVELOPMENT . . RECEIVED JAN 2 4 2014 ATTACHMENT 2 --LAND USE APPLICATION CITY OF ASPEN PROJECT: COMMUNITY 08/El OPMFN' 360 Lake Ave Naine: LocaMon: 360 Lake Ave, Aspen, CO 81611 - Erdman Partnership Lot Split (Indicate sticel address. lot & block nuniber. legal desci-iplion where appropriate) Parcel It) # (REQUIRED) 273512132001 APPLIâ‚¬ AN'l: Bell 26, LLC Name: Address: P O. Box 1860. Bentonville, AR 72712 Phone #: REPRI<bEN'I \1-1# 17: Name: Steev VVilson, Partner Addres>. Forum Phi, 715 W Main St #204, Aspen, CO 81611 970-279-4109 Phone #: Ti'PE OF APPI.IC-.\11(),1: (please Check A|| lil.lt app|y) U GMOS Exemption U Conceptual PUI) E] Teinporary lise 2 GMOS Allotnient U Final l>U[) (& PUD Alliendinent) E] Text/Map Aitiendinent El Special Review IX] Slilldivision IE] conceptual SPA U ESA - 8040 Greenlitic. Stream El Subilivision Irelliption (incfulles Â£ Final SPA (& SPA Mal-gin, Hallam Lake Bluff. CO! illoill I 11 l ut nization ) Ame i idi i ierit) Moutilain View Mane Comineicial Design Review D Lot Split L] Small Lodge Conversion/ Expi Instoll Residelitial Deaign rat tance U Lot Line Adjustment 0 Other: Conditional Ge F.r,%TING COM)1'11(,3.<: (desctilition olexistitly buililmys. useh. previous approvals. etc.) 1 single family residence + ADU PROPOS.\1.. (descliption of propohed buildings. usch. Illodilications. etc.) 1 single family residence with no ADU requirement, per Lot (two lots total) Itave you attached the fullow#ing? FliEs DUE: S $5,200 tvtb Ed Pre-i\pplication Conference SU.lilillaly :AN 2 4 2014 L] Attachment #l. Signed Fec Agreement [-1 Response lo All.le|Iment #3. Dittic]Nonal Requircments IÂ·'onil [3 Response to Attaclinient #4, Subinittal Requiicillents- Ii}Cluiling Written Responses to Revdeu Stalidards * AUSPEN E-3 3-i) Model for lai-ge project 01?VELOPMENT All plans that are larger than 8.5" 1 11" must be fohied. A di*k ~ith an electric copy of all uritten text (Microsoft Word Format) must be submitted a# part of the application. 1.arge scale pro jects should include:in electronic 3-1) niodel. i our pre-application conference Ailtiimary will indicate if p,u mu,t submit a 3-D niodel. 916 m U 00 \0, 20 1 4. Q S la U 00 U .. COMMUNITY DEVELOPMENT.REPARTMENT .. Agreement to Pay Application Fees An agreement between the City of Aspen ("City") and Property Bell 26, LLC Phone No.. 970-797-4880 Owner Cl") Email: Idunn@forumphi.com Address of 360 Lake Ave. Address: Billing Forum Phi Property: Aspen CO 81611 715 W Main, Suite 204 (subject of (send bills here) application) Aspen, CO 81611 I understand that the City has adopted, via Ordinance No. . Series of 2011, review fees for Land Use applications and the 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. 650 APCHA (Housing) 0 Select Dept $ flat fee for $. flat fee for _ 0 $ flat fee for Select Dept 0 Select Review $ 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 niade 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 non-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 an 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 ot my application at the hourly rates hereinafter stated. 4,550 14 $ deposit for hours of Community Development Department staff time. Additional time above the deposit amount will be billed at $325 per hour. $ deposit for hours of Engineering Departmerit statf time. Additional time above the deposit amourit will be billed at $265 per hour. City of Aspen: Property Owner: /4- VA- Chris Bendon Community Development Director Name Steev Wilson (Autliorized Agent) ' . 6 12' Title: Architect, Forum Phi City Use: 5200 Fees Due: $ Received: $ 11 /FAMi 'NITY 1.)FVF' APMEr *lf' - January, 2013 --' i" - Â·~ City ofAspen I 130 S. Galena St. I (970) 920-5090 .. COMMUNITY DEVELOPMENT DEPARTMENT Land Use Review Fee Policy The City of Aspen has established a review fee policy for the processing of land use applications. A flat fee or deposit is collected for land use applications based on the type of application submitted. A flat fee is collected by Community Development for applications which normally take a minimal and predictable amount of staff time to process. Review fees for other City departments reviewing the application (referral departments) will also be collected when necessary. Flat fees are cumulative - meaning an application with multiple flat fees must pay the sum of those flat fees. Flat fees are not refundable. A review fee deposit is collected by Community Development when more extensive staff review is required. Actual staff time spent will be charged against the deposit. Various City staff may also charge their time spent on the case iii addition to the case planner. Deposit amounts may be reduced if, in the opinion of the Community Development Director, the project is expected to take significantly less time to process than the deposit indicates. A determination on tlie deposit amount shall be made during the pre-application conference by the case planner. Hourly billing shall still apply. All applications must include an Agreement to Pay Application Fees. One payment including the deposit for Planning and referral agency fees must be submitted with each land use application, niade payable to the City of Aspen. Applications will not be accepted for processing without the required application fee. The Community Development Department shall keep an accurate record of the actual time required for the processing of a land use application requiring a deposit The City can provide a summary report of fees due at the applicant's request. The applicant will be billed tor the additional costs incurred by the City when the processing of an application by the Community Development Department takes more time or expense than is covered by the deposit Any dii-ect costs attributable to a project review shall be billed to the applicant with no additional administrative charge. In the event the processing of an application takes less time than provided for by the deposit, the department shall refui-id the unused portion of the deposited fee to the applicant. Fees shall be due regardless of whether an applicant receives approval Unless otherwise combined by the Director for simplicity of billing, all applications for conceptual, final, and recordation of approval documents shall be handled as individual cases for the purposes of billing. Upon conceptual approval all billing shall be reconciled and all past due invoices shall be paid prior to the Director accepting an application for final review. Final review shall require a new deposit at the rate in effect at the time of final application submission. Upon final approval all billing shall again be reconciled prior to the Director accepting an application for review of technical docunients for recordation. The Community Development Director may cease processing of a land use application for which an unpaid invoice is 30 or more days past due. Unpaid invoices of 90 or more days past due may be assessed a late fee of 1.75% per month. An unpaid invoice of 120 days or moi-e may be subject to additional actions as may be assigned by the Municipal Court Judge. All payment inforrnation is public domain. All invoices shall be paid prior to issuance of a Development Order or recordation of development agreements and plats. The City will not accept a building permit for a property until all invoices are paid in full. For permits already accepted. an unpaid invoice of 90 or more days may result in cessation of building permit processing or issuance of a stop work order until full payinent is made. :01=ef:11/â‚¬n The property owiier of record is the party responsible for payment of all costs associated with a land use application for the property. Any secondary agreeinetlt between a property owner and an applicant representing the'owner (e.g. a contract purchaser) regarding payment of fees is solely between those private parties.i ! 14 C' i Â¥ 01. AÂ¢,PEN COMMLINITÂ¥ OEVELOPMENT I.' :'.t Â·- /'''I .-Â· ' January, 2013 .Â·Y %,ati:-2+:4.-Â·9Â· -~; Â·3'.5--' : -L''' ' fiÂ·.City ofAspenl 130 S. Galena St. I(970) 920-5090 .. ATTACHMENT 3 DIMENSIONAL REQUIREMENTS FORM Project: 360 Lake Ave, Aspen, CO 81011 Applicant: Bell 26, LLC Location: 360 Lake Ave, Aspen, CO 81611 Zone District: R-6 Lot Size: Lot 1 - 0.5499 acres Lot Ate:i: Lot 1 - Allowable Floor Area = 4468 SF per Ord 66-1990 1 fur die put-poses ofcalculating Floor Area. Lot Area may be reduced fur areas within the high water mark. easements. and steep slopes. Please refer to the itclinition of Lot Area M the Municipal Code.) c onmiercial nel leas.ible: E.vistilig.- N/A I i .()pc N/A Number ofresidenlial units: Existing.~ 1 + ADU Proposed: NA Number ofbedrooms: Fri,0'/ing. 4 + ADU Promacd. N/A Proposed % of demolition (Ilistorie properties unly): DIMENSIONS: (FOR LOT 1) Floor Area: Evi.,/ing.~--437_p_*L,/1/lonuble,- 4468 sf Proposed. 4468 sf Principal bldg. height: Existing.- 24'-11" ,Â·llhnrable,' 25' Proposed; 24'-11" Access. bldg. height: livi.wing.Â· N/A Allowable~ P/'C)/)(,Ned. 011-Site parking: Existing.2+1 ADU Required. 2+1 ADU Proposcd. 2 % Site coverage: Eri.flii,g.Â·__12.-8 04__Required. 20 % Proposed 13.8 % 51, Open Space: Existingf NIA Required: Proposed: Frunt Setback: E.\/,wing. 10' Required: 10 Proposed: 10 Rear Setback: Existing. 20' Requbrd: 20 /'/'op(med.~ 20' Coinbincil F/14: f'rix/ing; N/A Required: Pil,pu.Ned: (East) Side Setback: E-visting.- 30' Required: 30' Proposed: 30 (West) Side Sell)ack: Fri.1/11~y. 20' Required.- 20' Proposed: 20' e, Combined Sides: Exi.sting. N/A Requned: Pnqxned Distatice Betueen /0,-i~'/ing N/A Re'qi///'L'Â£/. Pmpowd: Buildinus Existing non-conforn,ities or encroachments: F.,7 1:1Â£1 Varialions requested: U i ; r )1- Aor't.14 vuf#*UNIFy OEVELOPMENG 00 GENERAL WARRANTY DEED ERDMAN PARTNERSHIP, A COLORADO GENERAL PARTNERSHIP, for the consid- eration of len Dollars ($10.00) and other good and valuable consideration, in hand paid, hereby sells and conveys to BELL 26, LLC, a Colorado limited liability conipany, whose address is c/o Brooke A. Peterson, Esq., Kaulinait & Peterson, P.C., 315 East Hyman Avenue, Suite 305, Aspen, . t-, CO 81611, the following realproperty in the Courity of Pitkin, S tate o f Colorado: O Z (9 LOT 1, ERDMAN LOT SPLIT, aCCOIding lo die Plat thereo f recorded November 26, 1990 iii Plat Book 25 at Page 42. also known by street and nuinber as: 360 Lake Avenue, Aspen, CO 81611, with all its ~9 appurtenances, and warrants the title to the same, subject to and except for: i 1. General taxes for 2000 and thereafter payable in 2001 and thereafter. ' 7 Building and zoning regulations. 3. All matters described on Exhibit A attached hereto and incorporated herein by this refb: ence. At.L REFERENCES BEING TO THE REAL PROPERTY RECORDS OF PITKIN COUNTY, COLORADO. Signed this _2224_ day of February, 2000. ERDMAN PARTNERSHIP, a Colorado Partnership > F,--2,20*224:7;542:96Â«E - 6) Donnelley Erde,06, General Partner 440881 STAV E OF COLORADO ) TRANSFER DECLARATION RECEIVED 02/25/2000 0 ri ro ) SS COUNTY OF PITKIN ) Z 0 i @ 0 /6, (lay of Fr; 6,/u a 47 ' 2000 by Donnelley Erdman as General Partner of The foregoing instrument was acknowledged before me the undersigned authority on this the the Frdman Partnership, a Colorado partnership, Â¢ i /7 / c r WITNESS MY HAND AND SEAL. O 0 - -' I r> Notary Public [SEAL] 8 744 B My commission expires: 1'< 1 ~0.3 rn 12 8 Â¥ Ut Abet.,4 f.,Â¢44.4,t,JITV ilgVF; OPURÂ· ion 0 :. 4 Rk'92Â·PB L\9..27 lili'11111111111111111111111111111111111111111111111111 Â»0 0-1 -- . r , u -47 440881 02/25/2000 04:21P WD DAVIS SILVI 1 of 2 R 10.00 0 714.50 N 0.00 PITKIN COUNTY CO My Commissicil EXP,ras Ii/Olt2003 3 0â‚¬ CllY OF AS~~N DATEWREE EXHIBIT "A" 1. Taxes for the 2000 not yet due or payable, 2. Right of the proprietor of a vein or lode to extract or remove his ore therefrom, should the same be found to penetrate or intersect the premises hereby granted as reserved in United States Patent recorded June 08, 1888 in Book 55 at Page 2. 3. Terms, conditions, provisions and obligations of Occupancy Deed Restriction and Agreement Resident Occupied Dwelling Unit Ordinance One, recorded June 25, 1990 in Book 623 at Page 696 and Amendment thereto recorded February 18, 2000 as Reception No. 440645. 4. Easements, rights of way and all matters as disclosed on Plat of subject property recorded November 26, 1990 in Plat Book 25 at Page 42. 1111111 lilli 11111111111 lilli lilli mil 11111111 lili lili 440881 02/25/2000 04 Â· 71 0 un ...... -- ..- ECEIVED JAN 42 4 2814 044/4~,46"~ , Fa Op#ENT GENERAL WARRANTY DEED DONNELLEY ERDMAN and CINDA W. ERDMAN. for the consideration of Ten Dollars ($10.00) and other good and valuable consideration, in hand paid, hereby sell and convey to BELL 26, LLC, a Colorado limited liability company, whose address is c/o Brooke A. Peterson, Esq., Kaufman & Peterson, P.C., 315 East Hyinan Avenue, Suite 305, Aspen, CO 81611, the following ~ ~ real properly in the County of Pitkin, State ofColorado: Z LOT 2, ERDMAN LOT SPLIT, according to the Plat thereof recorded November 26, 1990 in Plat Book 25 at Page 42. also known by street and number as: 350 Lake Avenue, Aspen, CO 81611, with all its o r j appurtenances, and warrant the title to the same, subject to and except for: 1. General taxes for 2000 and thereafter payable in 2001 and thereafter. A 2. Building and zoning regulations. 00Â° . h: 3. All matters described on Exhibit A attached hereto and incorporated herein 00 by this reference. . ALL RlitÂ·~liRENCES B}%1NG TO -1-'I-IE REAL PROPERTY RECORDS OF FII-KIN COUNTY. COLORADO. Signed this 44, day of February, 2000, ----204*40*g47 Â£a~6:14.z Dooirilley 17rdha:Al 4122114- - 7 - , === g Cinda W. Erdnian ~: Ch L -12 1 --- 11 -0 X STATE OF COLORADO ) -- 0Â» 0 â€¢4 -Re ) SS =0 61 COUNT'Â¥ OF PITKIN ) -Che . 1 lie foregoing instrument was acknowledged before me the undersigned authority on this the ~8! te 1 6 day of__ 171-2----,2000 by Dontielley Erdman and Cinda W. Erman, ..ZZ 90 O -go 4_116-Â»~ 9, n WITNESS MY ilAND AND SEAL. I~ 61 -*8 &(23 Notary Public [SEAL] --m . -Me ~\25) ;493Â»*~ My commission expires: 1\~ c ~ 0.3, -Aâ€ž -Â®ac 0 Â·'20 TA-2..fl:M - â€¢ 4- N I . 76_'. (P Yl - 00 IW 1 : =00 4 : ..2 0 .. . 04 :â€¢ 4 (8%4 8 0%'Â·Â·.08 L\9Â·0'<P 0 4Â°j; 30(oft My Comm?ss,on Expires 11/01/2003 docj 000Z/GZ/Z0 03AI3D33 NOIitIBtll W33SNtl2l 00 AlN CITY OF ASPEN RETT PAID 0 0 EXHIBIT "A" 1. Taxes for the 2000 not yet due or payable. 2. Right of the proprietor of a vein or lode to extract or remove his ore therefrom, should the same be found to penetrate or intersect the premises hereby granted as reserved in United States Patent recorded June 08,1888 in Book 55 at Page 2 3. Terms, conditions, provisions and obligations of Occupancy Deed Restriction and Agreement Resident Occupied Dwelling Unit Ordinance One, recorded Julie 25, 1990 in Book 623 at Page 696 and Amendment thereto recorded February 18, 2000 as Reception No. 440645. 4. Easements, rights of way and all matters as disclosed on Plat of subject property recorded November 26, 1990 in Plat Book 25 at Page 42. 41?CSRAD -4 4 2 4 2014 CIT Y Or AbPEN COMMUN!TY DEVELOPMENT .. Land Title Guarantee Company CUS I OM ER DIS 1 RIB UTION Land Title GUARANTEE COMPANF www L'G' CO' Date: 06 28 2()13 Our Order Number: QPR(;2005373 Property Addre#: 360 LAKE AVE ASPEN, CO 81611 1137}11 haw Uny inquilie. or requile fulther assiN{,Ince. please contact one of the numbers below.- For Title Assistance: Aspen Title "QPR" Unit Kurt Beereboom 533 E HOPKINS #102 ASPEN, CO 81611 Phone: 970 923-1678 Fax: 970 925-6243 EMail: kbeereboom@ltgr.com FORE'M PHI ''IMX' Dll.1,26 LLC 117 S SPRING S 1 #202 PO BOX 1860 ASPEN, C{) 81(,i 1 111 N-IONVILLE, AN 72712 Atin: WII,LIANI 11Â·.W[S Atm: Bki.1 26 LLC Phone: 970-319Â·7399 1Â·.Nlail: WÂ·|(Â·wi+Ii}Itltil~)IIi.com Sent Via it #tail JAN 2 4 2014 Cll Â¥ 04 ASPEN COMMUN li e DEVELOPMENT .. LAND TITLE GUARANTEE COMPANY PROPERTY REPORT Our Order No. QPR62005373 Cuu. Ref: Ihis Report is based oil a limiled bearch of the coutily reill propert) rea,rds and provides the name (s) of the vested owner (s), the legal description. {ax in toi malion (taken from information provided by the county ti'easurei on its wel,sile) and e tic uin b 1 21 llcÂ·es. which, fur the purpow; o f this i rport, mea â€ž9 deed of trubt and niortgages, and lien3 recorded against the property and the owner(6) in the records of the clerk and recoiÂ·dir for the county iii which the subject propertÂ¥ i 5 located. Thi, Report doe; not conblitute any form of warranty or guaramee of title or title insurance. The liability o f Land Title Guarantee Company is sti'ictly limited to (1) the recipient of the Report, and no ollier penon, and (2) the amount paid lot the Report. Prepared For: 1 his Report is dated: June 25.2013 at 5:00 P.M, Address: 360 LAKE AVE ASPEN, CO 81(ill Legal Description: LOT 1. ER[)MAN LOI SPL}T, ACCORDLNG TO THE PLAI 11[FREOF RECORDED NOVE.IN,lEi,R 26,1990 IN PLAT BOOK 25 AT PAGE Â·12. COUNTY 01Â·' PITKIN STATE OF COL.ORADO Record Owiler: BELL 26, LLC, A COLORADO 1.IMITED L.!ABILITY COMPAN'~ We find the lollowing doc iinients of record affecting subject pro pei ty: 1. NON k. ******** I *******34 PROPERTY '! AX I N H)1<M A 1 ION **********1-4.********** 4. PARCEL NO. 273512132001 Â«ECEIVED IAN 2 4 7014 2012 LAND ASS['Â»il) VALUE $Â·103.570 12-iâ€¢. / 2012 INIPROVI'MEN'[S ASSESSED Val,UE $155,720 7' 401'EN COÂ¢#AR Qui' f DEVELOPMENT .. PROPERTY REPORT Our Order No. 01'R62005373 Documents of Reâ‚¬ord: .. LAND TITLE GUARANTEE COMPANY INVOICE June 28, 2013 Record OU ner BELL 26.1.1.0. A COLORADO LIMITED LIABI[.11'Y COMPANY PropertÂ¥ /\(iditÂ·ls 360 LAKE AVE ASP[iN, CO 81(51 I Youi Ri,ific,Ike N<). When referring m this order. please reference our Order No. UPR62005373 CHARGES- Propetty RepoM $1()0.00 rotal- $100.00 9Â¢Câ‚¬NED JAN 2 4 2014 Cll Â¥ OF ASPEN Please make dicikb pajable to: COMMUNITY DEVELOPMENI 1..and Title Guarailize Con*any [,1)75 f.;reenwood I'laza Blvd. Suite 125 Greetiwoed Village, C 0 80111 4701 . .. Land Title Guarantee Company CLS'I OMER Dl>, 1 k! 1313TION Land Title GUARANTEE COMPANY CO ' Dak: 05 30 2013 Our Order Number: QPR62005297 Property Address: 360 LAKE AVI.NUE ASPEN, CO 81611 Ifyou have imy inquiries or require further .15sislitm'e. please contact one of the numbers below: For 'title Assistance: Aspen Title "QPR" Unit 533 E HOPKINS #102 ASPEN. CO 81611 Phone: 970 925 1678 rax: 970 925-6243 FORUM l'HI 4 11 NIX' 117 S SPRING S'[ #202 ASPEN, CO 81(i! 1 Ami: WILI MM LEWIS Plione 970-319-7399 EMail: wleuis(il;forumphi.tom Sent Via EMail RECEIVED JA N 9 4 2014 Co'mu Pt ASPEN 4 0. DEVELOPMENT .. LAND TITLE GUARANTEE COMPANY PROPERTY REPORT Our Order No. QPR(i20052!)7 Cust. Ref: This Report is based on a limited iearth of the coutity i cal pro pei ty, recutÂ· 15 and provides the na me (S) of the vested ownetÂ·(f), the legal description, tax infonnation (taken from information provided by the county treasurer on its website) and encumbrances, which, for the pu 1 pOJeS O 1 this report mekins deed of truht and mortgages, and liens recorcled a gain H the propertÂ¥ and the ownel (3) in the records of the clerk and rean der for the county iii which the woed propeily is located. This Report don not constitute any form of warranty or guarantee of title or title insurance. The liability of I and Title Guarantee CompanÂ¥ is sttictly limited to (1) the recipient of the Report. and no other person, and (2) the amount paid lot the Report. Prepared for: LORUM PI H This Report is dated: May 11, 2013 at 5:00 P.M. Address: 360 LAKE AVENUE ASPEN. CO 81611 Legal De,cription: LOT 2, ERDMAN I.OT SPLIT, ACCORDING 10 THE PLAT rHEREOF RECORDED NOVEMBER 26,1990 IN PLAT BOOK 25 AT PAGE 42. C<)l.INT'Y OF PITKIN SllATE (* COLORADO Record Owner: BELL 26. Il.C We lind the 10]lowing dotuii,ent; of record affec Ling subject property 1, Ir./.7,, P WIN E. PROPERTY TAX INFORMATION . + Itti'****6********** PARCEL NO.: 273512132002 20]2 LAND ASSESSED VALUE $1,287,600.00 2012 IMPROVEMENTS ASSESSED VALUE $0.00 2012 REAL PROPERIY TAXES PAID IN THE AM()LiN! OF $11,621.68. .. PROPERTY REPORT Our Order No. OPR62000297 Documenb of Record: 1 + f'.1 ; B 0.- %Â»21'ED jA 4 2 4 2014 SPEN .,OMMUNITY DEVELOPMENT .. LAND TITLE GUARANTEE COMPANY INVOICE Mav 30. 2013 Record Ownet BELL 26, LLC Propeity Addiess: 360 LAKE AVENUE ASPEN, CO 81611 Your Refeirtice No. When referring to thi; order. pleaNe reference our Order No. 01'1462005297 CHARGES- Property Report $ too. 00 --Total- $10().0() PleastÂ· make checks pavable to. 1 And 1 ide Glidiantre Comp,iny 5975 Greenwood Plaza 1Â·41vd. Suite 125 Cieenwood Village, 0(-) 80111 4701 .. 1 4:Clj .? 0 It t 1,(1 1.10,4. ! 4{.It) Itc;Iltuphile..\14. 2 1.2 <i.,; 9.nilk,1.2 - 201 2 (. it> 01.\.pen Bui}~|tilt.1 |),,.PHMJH 1.10 4/WO! 1 1.ile:1.1 \Ircel 1 i.: \\, 1,,lin It 11Â·11 (. , lilL 6,1-11 Picw.c .liccri thi, lit[:t .r. 9 11,13- 2,1,1 ):4 ,Â·al ful I l 'ittril Pili. Inc 10 appl> ibt and ptil| un 3 114':CeÂ»ar> Ct!]i,tntetion rcircn:j icquired to LOMI~|CIC ilk Icriodel ,in.1 Icp~lt> l)1-11'je pri,[3ct'i'~ 2,11 I like \\C. .I'-Â·~>L'thl *Aili,.ldll. Hkf |0~11,2,1.1112 j) t]16 11.tlite .111'Â·.[;Ikiliti.%3 1i.)f i:IC C,jili[),iji>. \1 r. 4 1 (c' 1 \\ 1 1 Â·, 4 m 1 oint 1 '.I,- ht c I - 4 4,{ 111:1 %|11'e[. 41 kile 20.7 Upen. C. 01Â£11-,tdo x 1611 Ph. 4-Nt \*4109 | :1 1. \66- 71 - 4 3 8 5 Ii::Illk Litj lt'l Â·,et:! 4~tii.41:lion iii OilÂ·Â· iti,.11!el bill. Cril>. it:.c!; 2/' |ic 73 1 U.Â· **** *3 42 4, 4 4.. 2: tv 1.; 4 : \Ian.twing \Lunbc, --0 .#17 ./AN 2 4 2014 ls.11 2(, It( , 9, i, oF As .PEN 20941!NiTY uf?/PlOPMENT li I '..' 4, J J j.ni l 111. &' '['< e ' Â· - 1. r No 4798 2 2 CRDINANCE NO. 66 (SERIES OF 1390) AN ORDINANCE OF THE ASPEN Cln COUNCIL GRANTING SUBDIVISION EXEMFI'ION FOR THE EROMAN PARTNERSHIP LOT SPLIT, DESCRIBED iN METES AND BOUNDS, AT 17{E S.E. CORNER OF GILLESPIE ST. AND I.AKE AVE. WErinREAS. pursuant to Secnion 7-1003 of the Aspen Land Use Code (revision date Auguic 1989), a Lot Split is a subdivision exempticn Dy the City Council; . 7, + ' WHEREAS, The Erciman Partnership, represented by Dinne.1.lay Eramall, has submittcd an application for the lot split of a 5- '.dot, 2, J 42:liI.1,10 ,ELA, U parcel described b. met.es ind bounds in the SE 1/4 RE 1/4 cf Saction 12. lownship 10 South, Range 65 west cf t.he siy.th P.M. , City of ruu:J'Â·-111 ' -,d K . ./. 13 '- 1 â€¢ s â€¢. WILE; RE.AS, t':1Â¢. Erigi Ilee.rIi ing DepE,NtlneÂ·'Fit , havifle reV le?We':i th.h applicaticm has Made ref crral comments r.nti adaendums; and 1,4 hi.TtE AS , - the Planning Office, havina reviewed the epplicatior. pursuant Co Dec: Lon /-1003, and reviewing referral. comments from Ergineering, recommencs approval with the following nditicns: 5 d One joint driveway access will be allowed for both lots via the 20' access easelt,ent. 2. Prior to fl.ling O final plat the applicant shall agree to join any future improvement distric-43. 3. The plae thail ind.Lizate 1. De adge of street pavement or curt line und the existang fence and drlinage ditch along the 7 2 - - C o. 2, 2000 v . :#M. I'l 0 . L /1 6 *,1 I COUNiÂ¥ TITLE NO &796 0 2 south boundary of the property. 4. The final plat shall indicate that prior to issuance of a building permit for development on either lot, the applicant shall submit a drainage plan to the Engineering Department and do any necessary improvements to the ditch along the south boundary of the parcel. 5. The following YAR and site coverage limits will be: 12% 1: FAR maximum - 4,468 s.f.; Site Coverage - 20% (4,791 s.f.) Lot 21 FAR maximum - 3,449 s.f. (access easement is subtracted from lat area for calculating FAR): Site Coverage - 30.34% (2,700 s.f.) 6. An Accessory Dwelling Unit must be included on each lot for which development is proposed as a requirement of this Lot Split. Each Accessory Dwelling Unit must comply with the Housing Authority's requirements and must receive conditional Use approval by Athe Aspen Planning and Zoning Commission. It 7. Prior to issuance of any building permits, Deed Restrictions for the Accessory Dwelling Units shall be approved by the Housing Authority and recorded by the Pitkin County Clerk and Recorder's Office. 8. Development proposed for any lot (s) resulting from this lot~ split shall conform to the terms and requirements of the l Hallam Lake Bluff Environmentally Sensitive Area (ESA) if 9.4 applicable. 4/4/ .' 6, 2 4 2014 2 .242 0%47 r[A 1 46,-3 r -DÂ· L. L\1'.,2 3:Stak KIT~02:.Ff JiTLE 9. A Subd.ivision Exemption Agreement listing the conditions of approval shall be included as a note section on the final plat. 10. The final plat will be signed by the Planning Office and recorded by the City Clerk only upon complete satisfaction of all of the above conditions. WHEREAS, the Aspen city Council having considered the Planning Officets recommendations for the lot split does wish to grant the requested Subdivision Exemption for the Erdman Lot Split. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF TUE CITY OF ASPEN, COLORADO: S.ectian 4.; That it does hereby grant a Subdivision Exemption for a Lot Split, with the conditions recommended by the Planning Office, to the 32,855.5 s.f. parcel described in this ordinance. 226:tig/L,21 That the City Clerk be and hereby is directed, upon the adoption of this ordinance, to record a copy of this ordinance in the office of the Pitkin County Clerk and Recorder. 22.5:ki Qn_.1 i . A public hearing on the Ordinance shall be held on the _22_3_ day o â‚¬ 0 or , 1990 at 5:00 P.M. in the City Council Chambers, Aspen City Hall, Aspen Colorado, fifteen (15) days prior to which a hearing of public notice of the same shall be published in a 3 FES. 2. 2:.00 T. n 71 - ~ 1.1... LeuN': 1.1-2 NO. 4790 F C newspaper of general circulation within the City of Aspen. .... INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the D.~ day of C 1 , 1990. AL. 44 William -L. Stirling, MAyor 6Â»Â»-6 4- 610 Kathryn *7 Kocht City Clerk - FINALLY, adopted, passed and approved this 1 7- day of 43 4/ , 1990. -p./- William L. Stirling, Mayof A . - T,: Kathryn ~,/ KocE, City Clark m# 2 4 2014 ~' . f .2 frA OPEN 4 mi 2 DEVELOPMENT 1- 22 , ,/ 1,1 ~4 1 ''4 - -- 6-34 4/8, " 1--'Â·-Â·i 1 'r--'-1+ ri' 623 1-13 696 L--_--- 'lli /. 44 1/1 6' 3 913 OCCUPANCY DEED RESTRICTION AND AGREEMENT RESIDENT OCCUPIED 1.0 / L U U.1 1, u UNIT ORDINANCE ONE THIS OCCUPANCY DEED RESTRICTION AND AGREEMENT (the " A (J ree,516149 t" ) is made and entered into this 224-~ day of 4) L< n f , 19~ by ami between The Er-dian Partnership, of the City of Aspen, County of Pitkin, State of Colorado, whose , address is Box 12395, Aspen, Colorads, 31612 (hereinatt_e-rE-_rfifE_U-ed to as "Owner"), and the-CASPEN/INETKIN COUNTY 1!OUSING AUTHORITY)a multi-jurisdic:tional h ousing au':5-difi-ty--d@; tiE-IEsliad-p[EEE-difirCE-~Ehe AMENDED AND RESTATED INTERGOVERNMENTAL AGREEMENT recorded in Book 005 at Page 751 of the records of the Pitkin County Clerk and Recorders Office (hereinafter called the "Authority"). WHEREAS, the Owner owns real property more specifically described as 201 Gillespie Street, Aspen, Colorado ("Real Property") , upon which the Owner intends to construct a single- tamily residence and a 580 not square foot one bedroom Residerit Occupied Dwelling Unit (" R /0 Unit"). ror Durposes of thÂ·is Agreement the Rio Unit, the single family residence, and the real property and all appurt.enanccs, improvements, and tixtures associated therewith shall hereinafter be referred CO as the "Property"; and WHEREAS, this Agreement imposes certain covenants upon the 'V R/0 Unit, when rented by Owner, which restrict the Lise 3.Â·nd occupancy of the R/O Unit to working residents of Pitkin County and their families who fall within the Housing Authority resident qualification guidelines established and indexed by the Authoritv on an annual basis NOW, THEREFORE, in consideration of the premises. Owner hereby covenants And agrees as follows: Â£0 1. Owner hereby Covenants and agrees that :11â‚¬1 P-roperty shall not be condominiumized during the term of this Agreement such that the R/O Unit and the singlâ‚¬-fil-m_:_Loi._...res.idence__.-a-MÂ·e considered separaâ‚¬@ proD-23-PEie-s,-buâ‚¬-that the R/0 Unit shall be constructed ana-fia-ihtained so as to be capable of being rented separately from the single-family residence. 2. Tne-Qwner shall y.ca_ke-required to rent _01 lease -ch@- 222 Unit, but ff-IE--U-rented or leased, occupancy_14411_limited 9 a A exclusively â‚¬6- -i-fidivirdual-5--Who ....la_..cumlmy.t.,1-_full-tire *in PitkiÂ·li-~Coilifti,- together with a sp_qua._-a.ri ri '-riÂ·ftifi ghildren. --- 'rfi-a Lessee shall meet and qgmply with the definition a n a requiremen_tf.gt._.gl -W.QI-king_ r.%5 LAC.1-lt_2.stablishad a:id from time to-TTA,e amended by the AM&)10_Lit_y. Owner shall have the. righti,/ 1~#~ to lease the R/0 unit to a wor]Ung resident Â·of his selection. 4 .'LA, : JAN 2 4 2014 . U'.:?MEN Ocvt:LOPMENT 4 0 -;N d Â¥% 4.&2.- 94% DA,1, ..1*--, 697 .. , -3.ld.~.t ... For the purpose 01 this Agreement, the R/O Unit. F;hall be ~ considered rented if it is Occupied Fursuant to d le.32,0 or , rental agrÂ·cement 141-11 ch r.uquires a payme'it bv =fle ton--tr-- (or , nore tflcan a TIO:ul nal amount. O ' -ent. - Â£ 3. Written verification ot ear.ployment of prospective ter,ants of the R/0 Unit snall be completed and f Lied with the Housing Authonty Office by the Owner prior to occu.DaneÂ·/ thereof, and must De acceptable to the Housing Authority. il o }I .-- e t.han two (2) adults and related Ehil,3 4,4.--- - 6. Arly._icape of the 2,/O Unit shall provide for d .cerm of_ r.ot 1. h ieos .~.an six._1 99 -SQI;_3.~21Â·~214tivo merl'shs. A :-igned Awd execute-d copy of leas- for the 1</0 Unit -shall be surmitted to the Housing- Authority. with.in .ten ,'101 --glavs/JOLL apir--val .Â· residents. C. This Agreement shall constitute covenents runn-ng T.Â·'; r} the Real FLOperty as a burden for the benolit. 02, an'.1 shall be specifically enlorceable by, the Housing Aulhoricv :tr Board of County Commissioners ot Firkin, and the Cit: ut Aspen, their respective succossolfs as applicable, by any appropriate legal action including, but Ect linined zo, injunction, abatement, or eviction or non-cop.Lying tenants, for the Dericd of ,1-11 ty. -(50) vears .lipm. tilâ‚¬..,gul--t:* -i.f recordinct hereof in the Pitkin County Real Property Records. -1 - i 1N WITNESS WHEREOF, tne parties her,z'to h.ace exc-Uled this instrumen= on '-he day and year above first written 4 C) W.. t ,: 1 0 4 - 0 2~ 7199-1,re,... E.Â·,2:tr~eil.ey R<din*(, Managing Pa.,t,rf&r,- . ine braman .1.'artnership X Mailing Address: The Erdman Parcnorship Box 12395 1 A spe i -1 0 Cole .tad'o 816 12 1 t F I r . i V .- P 7 'k 1Â·-31~15~4-,1:Â«- 4,<1'.13?g,3.iftjw.*411*mi:.Â»S.*t '. a.......'I'/~I';airh:*46 ,~ d~Zi>269~ ~Â·.Â·~ ~Â·.p,-5.Ed' *4,'~ r-11 1 .:.1-2 1,1,1- 1 04 (h:, 71 623 1-'1- 698 "- a' 2 ~&. k STATE OF (fole,a--40 ) 5 SS. - ~ ~ 1, 1 1 Wl' J; 1 1.-i-rl ) The loregoing --3 TIp.;Crupext W AS (,Ct. 1Â·3 ,:1{31 L;tf'_4 tbfor.e hho this -:.1-1 -"T day of ..2-tvl 2 9 1390, 07 . , - . f. )O,7 n, â‚¬,i fte.y g rd n.102Â« , Wit.ness my Â»ril and official sea.. My Commission expires: 01//3/93 /.1 -1 4 1 ./ k. ....2 Notary Public ACCEPTANCE BY THE HOUSING AUTHORITY The forÂ·egoing Agreement and its terms n,-p accepted ov the Aspen/Pitkin Ccanty Housing Authority HOL'SINÂ¢ AUTHORI'rY,OF THE CITY OF ASPEN AND ~I~KIN COWNÂ¥~, COLURADO By : Ll F#LE (94() 3.4<mv f#*ko-3.# u.1 & 60637(2Â·,~ r~f-- % T / Mailipg Address: , open/Pitkin County Hous-ing Allt#toricv Â·Â· Â·Â· r.7 39551 Highway 82 Aspen, Colorado 21611 STATE OF CC'LORADO 1 ) SS . COUNTY OF PITKIN Evi I f :. 4 ' /1 'Â· A Â£ The foregoinE 71.srl-(1-lent was acknow] edged ]EL-1-n'-0 'ne th i:; T L'<9 - day of _)(./* 1.e. , 1990, 10.1' ~/ 4,90 i'W' '10'C.22-li-- . Witness my hand and official seal. My commission expires : ,.2;;//777 3 _.t,f --/77 / r Nouary Public 2 ......Le / 1, IAN 2 4 2014 ,uÂ·.9.*wiiÂ·9 j,41?retv i ucitlopMENT . j 1, * . f--Ii it 10 ; ./3,"&.11/1&......4-â‚¬.2-:94Â£.1 - ANL-- MAR. 3.2000- 1:57PM- -,ASPF,-OUSING OL-c' NO. 760 P.1 al'11'1111111111111'1111111,1 lili"1.1111111111 1.1.0845 02/18/2000 11:099 DEED - JvIRVIS SILVI -- ,;i~ of 1 R 5.00 D 0.00 N 0.00 PITKIN COUNTY CO AMENDMENT OF DEED RESTRICTION WHEREAS, an Occupancy Deed Restriction and Agreement Resident Occupied Dwe#ing Unit Ordinance One was recorded on June 25,1990, at Reception No. 323854, to comply with City Council Ordinance One, and pertaining to the property described as 201 Gillespie Street, Aspen, Colorado: WHEREAS, the legal description of the property was not included in the document and the physical address is inaccurate: and WHEREAS, the legal description is Lot 1, Erriman Lot Split, according to the Plat thereof recorded November 26, 1990, in Plat Book 25 at Page 42, in the Pitkin County Clerk and Recorder's Office: and WHEREAS, the addressed stated as 201 Gillespie Street no longer exists, and this unit refers to the unit located at 360 Lake Avenue. NOW, THEREFORE, this document amends the physical address and the legal address of the Occupancy Deed Restriction and Agreement Resident Occupied Dwe/ling Unit Ordinance One recorded on June 25,1990, at Reception No. 323854, and all other restrictions and conditions still apply to this unit located at 360 Lake Avenue. ASPEN/PITKIN COUNTY HOUSING AUTHORITY --- MaiyU,f'tâ‚¬b@rts, ExecutiOe Director STATE OF COLORADO ) SS. COUNTY OF PITKIN ) This instrument was acknowledged before me this 1801 day of February, 2000, by Mary J. Roberts, Executive Director of the Aspen/Pitkin County Housing Authority, Witness.mv hand and official seal. /,rtomn'~11expires: 1 12' Ic,J 44(2- flhary Publit .. Erdman Partnership Lot Split Subdivision Amendment Modification to allow Fee in Lieu or Affordable Housing Credits The Erdman Pattnership Lot Split (Bk. 25. Pg. 42) was approved in 1990 via City Council Ordinance 66, Series of 1990. The Ordinance specifies that each Lot of this lot split (Lot-1 and Lot-2) would be responsible to: Create an ADU which coniplies with the standards of the housing authority (note 6) File a Deed Restriction which has been approved by the housing authority for any ADU's which are created tnote 7) The existing residence at 360 Lake has and ADU which was approved and deed restricted. The deed restriction does not require occupancy or rental as part of the restriction. The ADU currently exists and is uri-rented and unoccupied. It is the desire of our client to mitigate the ADU as we would typically be allowed using the code as it exists today. This would allow for two additional mitigation methods, the first being to pay the fee in lieu for based on the FAR constructed OR second to offset using affordable housing credits. This would modify note 6 to require the mitigation for employee housing using the code curt'eril at the tiine of permit submission. It is our belief that purchasing an affordable housing credit for a unit that is already constructed and likely occupied. or contributing via fee in lieu towards the city's ongoing employee housing conslruction, will be more beneficial to the community than is an unoccupied ADU at 360 Lake Ave. This would bring the subject properties more into conformance with the current code and with that conformance we hope more into line with the city's goals. 1 2 FORUM PHI 715 W Main St, Ste 204 1. Aspen, CO 81611 P (970) 279-4157 F (866) 770-5585 360 Lake Ave Aspen, CO 81611 --1 .- Bell 26, LLC CONSULTANT CONTRACTOR __ _~ <IT: I (1(-ATI(,Al TBD I. i L L.â€¢ .- rÂ·Â·~ T t J i I Or-#f?L ''7 - 1 ~ DATE OF PUBLICATION 1/24/2014 1 t P&Z' 1/24/2014 LAND USE APP PROJECT NO 1207 . C 1 5 SITE LOCATION DRAWN BY: SMW 1/ i 2 . ... .1 1-1 ... . I . '4 U '. I. Ir 4 7 27 ; 4 COPYRIGHT FORUM PHI. LLC ~ - 1 2 r.*.- . r 6:#,- f.Â»=-1- .....1 ....un.FL.U.Ii ... . . ./ .1 Â£ 1/1% 9 - i '.0 .1 LL â‚¬ - ' Â·: Â·, ESA / 0 e-- t=k=- .... 11:~ 1/ L / * 1 0-, & 1 % 1 Ir; . 11 I Â·Â· - - I. '. .-+Â£ .- . I *6 i S I. V ' I- -Il \ . Â« RiM Â·A- r -41Â· LIlli-5 1, % .1. J. - 11, I .. Â· 1 I : - Il . 1 U ..,.. .- ' v-+*4. r- -- Drain. pu' 0 2=41 2 0 -L - 2 --o->...Â· M .---9,~ L- 7 *=la~.23 ji -p .- ,- ; --t-=:- 2 ./ I ./ -.K'',. 41~1.-/ Al I. - t 5%' - VICINITY MAP .... MECH I 016 STORAGE 015 FORUM PHI 715 W Main Street, Ste 204 Aspen, CO 81611 P: (970) 279-4157 1 \\ d F: (866) 770-5585 1 I\\ 1 360 Lake Ave Aspen, CO 81611 Bell 26, LLC CONSULTANT CONTRACTOR TBD DATE OF PUBLICATION 1/24/2014 < STORAGE~~ 003 HALL MECH STORAGE 013 ., P&Z 1/24/2014 LAND USE APP 7 10- 001 002 1 010 BATHROOM GALLERY AREA PROJECT NO: 1207 012 11 Niv;:F Câ‚¬~' O* ~2D14 DRAWN BY: SMW BATH ~~44Â¢64 COPYRIGHT FORUM PHI, LLC 006 - '%5,7 008 Â»/ BEDROOM BEDROOM 005 r liili- 3/1 Â» / BEDROOM 7 007 Al.1 LOWER LEVEL T LOWER LEVEL 3/32" = 1'-0" .... 0 -IlIlliL-L==T I Â¤ GARAGE â€¢ 110 FORUM PHI ' Aspen, CO 81611 715 W Main Street, Ste 204 P: (970) 279-4157 UP ->Ii 1 6-DN ~ F: (866) 770-5585 . 360 Lake Ave Aspen, CO 81611 Bell 26, LLC CONSULTANT CONTRACTOR TBD ./91 / 1 1 < i DATE OF PUBLICATION 1/24/2014 --1 7 - ~ 1 h r--7 -7 0 1 ' DINING ~3 1 -J 103 1 1 P&Z 1/24/2014 LAND USE APP 0--c~ ~ ENTRY\~_ - 101 PROJECT NO: 1207 =T- '-- ~ LNDRY 1 106 DRAWN BY: SMW 0-C -1 LIBRARY COPYRIGHT FORUM PHI, LLC 106 C< 2 KITCHEN 104 1 1 . LIVING AREA V 102 - DECK Al.2 MAIN LEVEL MAIN LEVEL 3/32" = 1'-0" Â¤ 11-1 ... U U <-- 01- . RI EXISTING ADU - - FORUM PHI ADU 628 SQ FT --r 715 WMain Street, Ste 204 - - CLE Aspen, CO 81611 - --- P: (970) 279-4157 1 1.+ DN R (866) 770-5585 -- 360 Lake Ave Aspen, CO 81611 Bell 26, LLC CONSULTANT CONTRACTOR TBD - - -- - DATE OF PUBLICATION 1/24/2014 1 111~ 2_111 lEe ';~*~ -i C yllili '11 ~454 90,- 424.- P&Z 1/24/2014 LAND USE APP I + 2/ 439* BATH ~1 Lit witjj-1 - 0, O <104 - CLOSET 206 12hfttllfIb 71 MASTER BEDRM ~~*24 9 PROJECT NO: 1207 205 202 6f44 DRAWN BY: SMW 10.-7--1 + â„¢-7 LAv COPYRIGHT FORUM PHI, LLC 41Â«11 < 204 MASTER STUDY 203 1 \01Â«\0\\ Â»/ 1\ .1,1\1\\./ 9%-I.. , i\\ 1 \\ \ 7 \\\ 119444..:.9 111: l V/&' 59%940/ 1 \ /0/\10/ Al.3 UPPER LEVEL UPPER LEVEL 3/32" = 1 '-0" .... lill i ' 1111 It lili 11 11 I FORUM PHI 715 W Main Street, Ste 204 Aspen, CO 81611 P: (970) 279-4157 F: (866) 770-5585 360 Lake Ave Aspen, CO 81611 Bell 26, LLC CONSULTANT CONTRACTOR TBD / 1 DATE OF PUBLICATION 1 /24/2014 Â¥ 220 N P&Z 1/24/2014 LAND USE APP - 4?24- 4 Â» PROJECT NO: 1207 DRAWN BY: SMW . 0114. 0--yu--rox 1 ! t\ COPYRIGHT FORUM PHI, LLC \ 920.0 Â«93 \ \7 I t< / Al.4 ROOF PLAN ROOF PLAN 3/32" = 1'-0"