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Home My WebLink AboutLand Use Case.950 Matchless Dr.A001-02-- 1233~ 1 950 Matchless Drive - Alpine Acres PUD Amendment Uttiat) 41 4'-i b\K\4 F v 400 ltÂ®1 10'[4 CASE NUMBER A001-02 PARCEL ID # 2737-074-02003 CASE NAME Aloine Acres PUD Amendment PROJECT ADDRESS Lot 4A Dunn/Bishoo Subdivision PLANNER James Lindt CASE TYPE PUD Amendment OWNER/APPLICANT Alan Becker REPRESENTATNE Alan Richman DATE OF FINAL ACTION 3/25/02 CITY COUNCIL ACTION Ord. 8-2002 PZ ACTION ADMIN ACTION ADDroved BOA ACTION DATE CLOSED 3/26/02 BY J. Lindt PARCEL ID: |2737-074-02003 DATE RCVD: ~ 1/2/02 # COPIES:j '-CASE NO~A001-02 CASE NAME:~Alpine Acres PUD Amendment PLNR: 1 Cs-afiâ‚¬ S LhACE PROJ ADDR:~Lot 4A Dunn/Bishop Subdivision CASE TYP:~PUD Amendment STEPS:~ OWN/APP: Alan Becker . ADR~950 Matchless Drive C/S/Z: ~Aspen/CO/81611 PHN:~925-1462 REP:~Alan Richman ADR:|PO Box 3631 C/S/Z:~Aspen/CO/81612 PHN1920-1125 FEES DUE:|1205 D FEES RCVD11205 STAT: F REFERRALS~ REF:| BY| DUE:| MTG DATE REV BODY PH NOTICED DATE OF FINAL ACTION:| i~755/02_ , CITY COUNCIL: 09,91' 9 L-2(r=_ REMARKS~ PZ: CLOSED:| 34*theY: 1 -3- l.4.ict-: DRAC: BOA: PLAT SUBMITD: ~ PLAT (BK,PG):| ADMIN: Ape,U Ock DEVELOPMENT ORDER of the City of Aspen Community Development Department This Development Order, hereinafter "Ordef', is hereby issued pursuant to Section 26.304.070, "Development Orders", and Section 26.308.010, "Vested Property Rights", of the City of Aspen Municipal Code. This Order allows development of a site specific development plan pursuant to the provisions of the land use approvals, described herein. The effective date of this Order shall also be the initiation date of a three-year vested property right. The vested property right shall expire on the day after the third anniversary of the effective date of this Order, unless a building pennit is approved pursuant to Section 26.304.075, or unless an exemption, extension, reinstatement, or a revocation is issued by City Council pursuant to Section 26.308.010. After Expiration of vested property rights, this Order shall remain in full force and effect, excluding any growth management allotments granted pursuant to Section 26.470, but shall be subject to any amendments to the Land Use Code adopted since the effective date of this Order. This Development Order is associated with the property noted below for the site specific development plan as described below. Alan Becker. 950 Matchless Drive, Aspen. CO 81611 Property Owner's Name, Mailing Address and telephone number Lot 4A. Alpine Acres SubdivisiQU Legal Description and Street Address of Subject Property Substantial PUD Amendment to Allow Lot 4A to be eligible to apply for HI?C Bonus Written Description ofthe Site Specific Plan and/or Attachment Describing Plan City Council Ordinance # 8-2002, 3/25/02_ Land Use Approval(s) Received and Dates (Attach Final Ordinances or Resolutions) April 6,2002 Effective Date of Development Order (Same as date of publication o f notice of approval.) April 7.2005 Expiration Date of Development Order (The extension, reinstatement, exemption from expiration and revocation may be pursued in accordance with Section 26.308.010 of the City of Aspen Municipal Code.) Issued this 6th day of April, 2002, by the City of Aspen Community Development Director. tx /, ,Â·7 . Julia Ann Woods, Communiâ‚¬I)*velopment Director 9 MEMORANDUM Villa. TO: Mayor Klanderud and City Council THRU: Julie Ann Woods, Community Development Director 4 proced Joyce Ohlson, Deputy DirectorJAO 4-0 FROM: James Lindt, Planner ~t L- RE: Alpine Acres Substantial PUD Amendment - 2nd Reading of Ordinance No. 8, Series of 2002 DATE: March 25,2002 APPLICANT /OWNER: Alan Becker, Owner of Lot 4A, Alpine Acres Subdivision/PUD; 950 Matchless Drive REPRESENTATIVE: Alan Richman, Richman Planning Services LOCATION: Lot 4A, Alpine Acres Subdivision/PUD CURRENT ZONING: R-6 PUD PROPOSED LAND USE REQUEST: Amendment to the Alpine Acres Planned Unit Development SUMMARY: The applicant requests an amendment to the Alpine Acres Planned Unit Development (PUD) for the purpose of allowing Lot 4A of the Alpine Acres PUD to be eligible to apply for a 500 square foot FAR bonus from the Historic Preservation Commission if it is found that a proposed project on this lot is "an outstanding preservation effort". The Alpine Acres PUD limits Lots 4A, 4B, and 5 of the Aspen Alps Subdivision to 2,486 square feet of countable floor area per dwelling unit, which does not currently allow for the HPC to grant the property a Historic Preservation FAR Bonus. REVIEW PROCEDURE A substantial amendment to an approved Planned Unit Development may be approved, approved with conditions, or denied by City Council at a public hearing after considering recommendations from the Community Development Director and the Planning and Zoning Commission pursuant to Section 26.445.100(B). STAFF COMMENTS: The applicant, Alan Becker, represented by Alan Richman, requests an amendment to the Alpine Acres Planned Unit Development (PUD) for the purpose of allowing Lot 4A, Alpine Acres Subdivision to be eligible to be granted a 500 square foot FAR bonus from 4 '#Aril 14, 2\\ ,\77 3/V \Ziw 1. \ 1 Vicinity Map JV j/. 5// // 747/i/Al '6~ Alpine Acres Lot 4a .T . / Lot 5 1 Lot 4b -\\ .eLot 48 f fr--434Â®. Â· A fI il % $ I / 70'. Â¥ /40// 1 / 'r \ 44-t ...1 .U, \\\ L ~1 Â»-~~~ - - -~ - j Lot 3 ~ Lot 2 / *.N \\ - | Lot 1 f//7 / 11 - /f .0 1_Qu Mol )1 - ":. 2 + C %&. Â«41------- r.. \\\1 0 1 the Historic Preservation Commission if it is found that a proposed historic renovation/addition project on this lot is "an outstanding preservation effort". The Alpine Acres PUD was approved in 1987 and restricted each dwelling unit in Alpine Acres to 2,486 square feet of countable floor area because of the narrow width of the lots. Lot 4A contains a historic landmarked single-family residence and an accessory dwelling unit. The lots regulated by the PUD are allowed to receive all of the exemptions that are normally granted under the current land use code. However, because the PUD limits the countable floor area ratio, currently the subject parcels are not eligible to receive a 500 square foot FAR bonus for an "outstanding preservation effort" that may be granted to other historic landmark designated properties pursuant to City Land Use Code Section 26.415, Development Involving the Inventory of Historic Sites and Structures or Which Occurs In An "H," Historic Overlay District. Lots 4A, 4B, and 5 of the Alpine Acres Subdivision are the only properties that are within the Alpine Acres PUD and all of the owners of these lots have consented to allow the applicant apply for the PUD Amendment for his lot. STAFF ANALYSIS: If Lot 4A were to be allowed to apply and receive an LIPC bonus of 500 square feet, then it would be allotted an allowable FAR of 2,986 square feet if the bonus was granted by LIPC. At the time that the PUD was established, Lot 4A would have been allowed 3,795 square feet of FAR under the underlying R-6 (Medium-Density Residential) zoning regulations. Under the current R-6 (Medium-Density Residential) zoning regulations, Lot 4A would be allowed approximately 3,500 square feet of FAR. Thus, the allowable FAR on Lot 4A with the proposed 500 square foot bonus is currently about 15% less than if it did not have the PUD floor area restriction. Staff believes that even with the addition of a 500 square foot Historic Preservation FAR bonus (if granted by HPC to the site specific project), that Lot 4A will still be proportionate in size and massing to the surrounding properties that are also zoned R-6 (Medium-Density Residential) or R-6 PUD. Also, the Historic Preservation Commission has reviewed the compatibility of the proposed addition to the Historic Structure on Lot 4A and has approved the final site-specific design. The Historic Preservation Commission has also determined that the site specific proposal qualifies for the 500 square foot FAR bonus for an "outstanding preservation project". The Historic Preservation Commission found that the massing and scale of a site-specific proposal on Lot 4A is also compatible for the lot and has granted the 500 square foot bonus contingent on City Council approving the proposed PUD Amendment. The applicant is proposing to amend Condition A of the Alpine Acres PUD (attached as Exhibit "C") as follows: A. Each dwelling unit in Alpine Acres shall be restricted to a maximum countable floor area of 2,486 square feet, plus any floor area bonus that might be awarded by the LIPC to Lot 4A for an outstanding preservation effort for a historic landmark pursuant to Section 26.415 of the City of Aspen Land Use Code. Staff feels that the aforementioned language is consistent with Aspen Area Community Plan Action Plan Priority No. 31 that requires "staff to investigate ways to encourage the restoration and improvement of existing buildings", in that the amendment will allow the 2 subject lot to take advantage of a preservation incentive that was not available at the time the PUD was enacted. Staff recommends approval of the proposed amendment to the Alpine Acres Planned Unit Development (PUD) for the purpose of allowing for Lot 4A, Alpine Acres PUD, to be eligible to apply for an HPC bonus pursuant to Land Use Code Section 26.415. RECOMMENDATION: Staff recommends that City Council approve the proposed ordinance approving a substantial amendment to the Alpine Acres Planned Unit Development (PUD) for the purpose of allowing each dwelling unit in Alpine Acres to be restricted to a maximum countable floor area of 2,486 square feet, plus any floor area bonus that might be awarded by the HPC to Lot 4A for an outstanding preservation effort for a historic landmark pursuant to Section 26.415 of the City of Aspen Land Use Code. PLANNING AND ZONING COMMISSION RECOMMENDATION: The Planning and Zoning Commission unanimously recommends that City Council approve the proposed substantial amendment to the Alpine Acres Planned Unit Development (PUD) for the purpose of allowing each dwelling unit in Alpine Acres to be restricted to a maximum countable floor area of 2,486 square feet, plus any floor area bonus that might be awarded by the HPC to Lot 4A for an outstanding preservation effort for a historic landmark pursuant to Section 26.415 of the City of Aspen Municipal Code. RECOMMENDED MOTION (ALL MOTIONS ARE PROPOSED IN THE AFFIRMATIVE): "I move to approve Ordinance No. 8, Series of 2002, approving the proposed amendment to the Alpine Acres Planned Unit Development (PUD), Condition "A", for the purpose of allowing for each dwelling unit in Alpine Acres to be restricted to a maximum countable fioor area of 2,486 square feet, plus any floor area bonus that Illight be awarded by the HPC to Lot 4A for an outstanding preservation effort for a historic landmark pursuant to Section 26.415 of the Aspen Land Use Code." CITY MANAGER'S COMMENTS: ATTACHMENTS: Exhibit A -- Review Criteria and Staff Findings Exhibit B -- Application Exhibit C -- Ordinance No.35, Series 1987 approving Alpine Acres PUD Overlay Exhibit D -- Planning and Zoning Commission Resolution 3 ORDINANCE NO. 8 (SERIES OF 2002) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, AMENDING THE ALPINE ACRES PUD TO ALLOW FOR LOT 4A, ALPINE ACRES SUBDIVISION TO BE ELIGIBLE FOR A 500 SQUARE FOOT HISTORIC PRESERVATION FLOOR AREA RATIO BONUS FOR A OUTSTANDING PRESERVATION EFFORT, CITY OF ASPEN, PITKIN COUNTY, COLORADO. WHEREAS, the Community Development Department received an application from the Alan Becker, represented by Alan Richman, for an amendment to the Alpine Acres Planned Unit Development (PUD) to allow for Lot 4A to be eligible for a 500 square foot historic preservation FAR bonus above and beyond the allowable FAR set out forth in the Alpine Acres Planned Unit Development; and, WHEREAS, pursuant to Sections 26.445.100 (B), that City Council, in accordance with the procedures, standards, and limitations of this Chapter, shall by ordinance approve, approve with conditions, or deny a Substantial PUD Amendment, after considering a recommendation by the Community Development Director and the Planning and Zoning Commission pursuant to Section 26.430.020; and, WHEREAS, the Community Development Department reviewed the proposed application to amend the Alpine Acres PUD to allow for Lot 4A, Alpine Acres Subdivision to be eligible for a 500 square foot Historic Preservation floor area ratio bonus for an outstanding preservation effort and recommended approval; and, WHEREAS, the Planning and Zoning Commission conducted a public hearing to consider the proposed PUD Amendment, took and considered public testimony and the recommendation of the Community Development Director and recommended by a six to zero (6-0) vote, that City Council approve the proposed PUD Amendment; and, WHEREAS, the Planning and Zoning Commission found that the proposal meets or exceeds all applicable standards and that the approval of the proposed PUD Amendment, is consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS, City Council reviewed and considered the recommendations of the Community Development Director, the Planning and Zoning Commission, and members of the public during a duly noticed public hearing; and, WHEREAS, the City Council finds that the proposed PUD Amendment meets or exceeds all applicable standards and that the approval of the Code Amendments, are consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS, the City Council finds that this Ordinance furthers and is necessary for the promotion of public health, safety. and welfare. Ordinance No. 8, Series of 2002 Page 1 of 3 NOW, THEREFORE, BE IT ORDERED BY THE CITY COUNCIL OF THE CITY OF ASPEN: Section 1 Pursuant to the procedures and standards set forth in Title 26 ofthe Aspen Municipal Code, Condition A of the Alpine Acres PUD is hereby amended to read as follows: A. Each dwelling unit in Alpine Acres shall be restricted to a maximum countable floor area of 2,486 square feet, plus any floor area bonus that might be awarded by the LIPC to Lot 4A for an outstanding preservation effort for a historic landmark pursuant to Section 26.420.020 ofthe City of Aspen Land Use Code. Section 2: This Ordinance shall not effect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be construed and concluded under such prior ordinances. Section 3: 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 o f the remaining portions thereof. Section 4: A public hearing on the Ordinance shall be held on the 25th day of March, 2002, at 5:00 pm in the City Council Chambers, Aspen City Hall, Aspen, Colorado, fifteen (15) 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 at on this 25th day of April, 2002. Helen Kalin Klanderud, Mayor ATTEST: Kathryn S. Koch, City Clerk Ordinance No. 8, Series of 2002 Page 2 of 3 FINALLY, adopted, passed, and approved this 25th day of March, 2002. Helen Kalin Klanderud, Mayor ATTEST: Kathryn S. Koch, City Clerk Approved as to form: John P. Worcester, City Attorney Ordinance No. 8, Series of 2002 Page 3 of 3 EXHIBIT A ALPINE AcRES PUD AMENDMENT REVIEW CRITERIA & STAFF FINDINGS A. General requirements. 1. The proposed development shail be consistent with the Aspen Area Community Plan. 2. The proposed development shall be consistent with the character of existing land uses in the surrounding area. 3. The proposed development shall not adversely affect the future development of the surrounding area. 4. The proposed development has either been granted GMQS allotments, is exempt from GMQS, or GMQS allotments are available to accommodate the proposed development and will be considered prior to, or in combination with,final PUD development plan review. Staff Finding Staff finds that the proposed PUD Amendment is consistent with the Aspen Area Community Plan and the character of the surrounding land uses on Lot 4A in that even by allowing for the HPC FAR bonus on the subject lot, it will still be allowed a more restrictive FAR than can legally be constructed on the surrounding parcels which have an underlying zoning of R-6 (Medium-Density Residential). In order to receive an HPC FAR bonus, any proposed development to the historic structure on Lot 4A will have to meet the LIPC's criteria to be deemed "an outstanding preservation effort". In achieving the bonus, HPC will review to make sure that the proposed development is compatible with the historic structure. An addition to the historic structure on Lot 4A will be exempt from the Growth Management Quota System because it involves the restoration or expansion of a single- family residence pursuant to Land Use Code Section 26.470.070(A)(5). Staff finds the criterion to be met. B. Establishment of Dimensional Requirements: The final PUD development plans shall establish the dimensional requirements for all properties within the PUD as described in General Provisions, Section 26.445.040, above. The dimensional requirements Of the underlying zone district shall be used as a guide in determining the appropriate dimensions for the PUD. During review of the proposed dimensional requirements, compatibility with surrounding land uses and existing development patterns shall be emphasized. The proposed dimensional requirements shall comply with the following: 4 1. The proposed dimensional requirements for the subject property are appropriate and compatible with the following influences on the property: a) The character Of, and compatibility with, existing and expected future land uses in the surrounding area. b) Natural or man-made hazards. c) Existing natural characteristics of the property and surrounding area such as steep slopes, waterways, shade, and signijicant vegetation and landforms. d) Existing and proposed man-made characteristics of the property and the surrounding area such as noise, tra#ic, transit, pedestrian circulation, parking, and historical resources. Staff Finding Staff finds that the proposed amendment on Lot 4A is consistent and compatible with the surrounding land uses and will allow for an allowable floor area ratio that is actually less restrictive than what the current underlying zoning allows for. If Lots 4A and 4B did not have a PUD overlay, they would be allotted an allowable FAR of approximately 3,500 square feet in the underlying R-6 (Medium Density Residential) Zone District. The proposed amendment would allow the single-family residence with an ADU on lot 4A to build out to a maximum floor area ratio of only 2,986 square feet, if the Historic Preservation Commission were to grant a bonus for an outstanding preservation effort on the lot. The result of the proposed amendment is that the floor area ratio allowed on Lot 4A, with the proposed bonus, is still more than 500 square feet less than is allowed in the underlying zoning for lots of this size. Staff finds this criterion to be met. 2. The proposed dimensional requirements permit a scale, massing, and quantity of open space and site coverage appropriate and favorable to the character of the proposed PUD and of the surrounding area. Staff Finding Staff believes that the proposed amendment on Lot 4A would have an inconsequential impact on the scale and massing of the historic structure because in order to gain the 500 square foot FAR bonus, the proposed project would have to be found to be outstanding preservation efforts by the Historic Preservation Commission. In reviewing the proposed site-specific project on Lot 4A, the Historic Preservation Commission has approved the conceptual site-specific plan and has indicated that it is an "outstanding preservation effort", and the Commission has determined that the proposed scale and massing is appropriate for the lot. Staff finds this criterion to be met. 3. The appropriate number of off-street parking spaces shall be established based on the following considerations: 5 a) The probable number of cars used by those using the proposed development including any non-residential land uses. b) The varying time periods of use, whenever joint use of common parking is proposed. c) The availability of public transit and other transportation facilities, including those for pedestrian access and/or the commitment to utilize automobile disincentive techniques in the proposed development. d) The proximity of the proposed development to the commercia[ core and general activity centers in the city. Staff Finding Staff finds this set of criteria not to be applicable to the proposed amendment. 4. The maximum allowable density within a PUD may be reduced if there exists insufficient infrastructure capabilities. Specifically, the maximum density of a PUD may be reduced if: a) There is not sufficient water pressure, drainage capabilities, or other utilities to service the proposed development. b) There are not adequate roads to ensure fire protection, snow removal, and road maintenance to the proposed development. Staff Finding The proposed amendment does not reduce the maximum allowable density within the PUD. Staff finds this set of criteria not to be applicable to the proposed amendment. 5. The maximum allowable density within a PUD may be reduced if there exists natural hazards or critical natural site features. Specifically, the maximum density of a PUD may be reduced if: a) The land is not suitable for the proposed development because of ground instability or the possibility of mudjlow, rock falls or avalanche dangers. b) The effects of the proposed development are detrimental to the natural watershed, due to runoff, drainage, soil erosion, and consequent water pollution. c) The proposed development will have a pernicious effect on air quality in the surrounding area and the City. d) The design and location of any proposed structure, road, driveway, or trail in the proposed development is not compatible with the terrain or causes harmful disturbance to critical natural features of the site. Staff Finding The proposed amendment does not reduce the maximum allowable density within the PUD. Staff finds this set of criteria not to be applicable to the proposed amendment. 6 6. The maximum allowable density within a PUD may be increased if there exists a significant community goal to be achieved through such increase and the development pattern is compatible with its surrounding development patterns and with the site's physical constraints. Specifically, the maximum density of a PUD may be increased if: a) The increase in density serves one or more goals of the community as expressed in the Aspen Area Community Plan (AACP) or a specific area plan to which the property is subject. b) The site's physical capabilities can accommodate additional density and there exists no negative physical characteristics of the site, as identified in subparagraphs 4 and 5, above, those areas can be avoided, or those characteristics mitigated. c) The increase in maximum density results in a development pattern compatible with, and complimentary to, the surrounding existing and expected development pattern, land uses, and characteristics. Staff Finding There is no increase in density as part of this application. Staff finds this set of criteria not to be applicable to the proposed amendment. C. Site Design. The purpose of this standard is to ensure the PUD enhances public spaces, is complimentary to the site's natural and man-made features and the adjacent public spaces, and ensures the public's health and safety. The proposed development shall comply with the following: 1. Existing natural or man-made features ofthe site which are unique, provide visual interest or a specific reference to the past, or contribute to the identity Of the town are preserved or enhanced in an appropriate manner. 2. Structures have been clustered to appropriately preserve significant open spaces and vistas. 3. Structures are appropriately oriented to public streets, contribute to the urban or rural context where appropriate, and provide visual interest and engagement Of vehicular and pedestrian movement. 4. Buildings and access ways are appropriately arranged to allow emergency and service vehicle access. 5. Adequate pedestrian and handicapped access is provided. 7 6. Site drainage is accommodated for the proposed development in a practical and reasonable manner and shall not negatively impact surrounding properties. 7. For non-residential land uses, spaces between buildings are appropriately designed to accommodate any programmatic functions associated with the use. Staff Finding Staff finds that the proposed amendment will not affect the site's access and that any significant man-made features will be preserved through the Historic Preservation Commission' s review of a proposed development on Lot 4A. Staff finds this criterion to be met. D. Landscape Plan. The purpose of this standard is to ensure compatibility of the proposed landscape with the visual character of the city, with surrounding parcels, and with existing and proposed features ofthe subject property. The proposed development shall comply with the following: 1. The landscape plan exhibits a well-designated treatment of exterior spaces, preserves existing significant vegetation, and provides an ample quantity and variety of ornamental plant species suitable for the Aspen area climate. 2. Significant existing natural and man-made sitefeatures, which provide uniqueness and interest in the landscape, are preserved or enhanced in an appropriate manner. 3. The proposed method of protecting existing vegetation and other landscape features is appropriate. Staff Finding Staff finds this set of criteria not to be applicable to the proposed amendment. E. Architectural Character. It is the purpose Of this standard is to encourage architectural interest, variety, character, and visual identity in the proposed development and within the City while promoting e#icient use of resources. Architectural character is based upon the suitability of a building for its purposes, legibility of the building's use, the building's proposed massing, proportion, scale, orientation to public spaces and other buildings, use of materials, and other attributes, which may signijicantly represent the character of the proposed development. There shal be approved as part of the final development plan an architectural character plan, which adequately depicts the character of the proposed development. The proposed architecture of the development shall: 8 1. Be compatible with or enhance the visual character of the city, appropriately relate to existing and proposed architecture of the property, represent a character suitable for, and indicative Of, the intended use, and respect the scale and massing of nearby historical and cultural resources. 2. Incorporate, to the extent practical, natural heating and cooling by taking advantage of the property's solar access, shade, and vegetation and by use of non- or less-intensive mechanical systems. 3. Accommodate the storage and shedding Of snow, ice, and water in a safe and appropriate manner that does not require significant maintenance. Staff Finding In order to gain the 500 square foot FAR bonus that would be allotted by the proposed amendment, any site-specific development plan must be reviewed by the Historic Preservation Commission. In reviewing a site-specific development proposal for Lot 4A, the LIPC found the scale and massing to be appropriate for the site. Staff finds this criterion to be met. F. Lighting. The purpose of this standard is to ensure the exterior of the development will be lighted in an appropriate manner considering both public safety and general aesthetic concerns. Thefollowing standards shall be accomplished: 1. AN lighting is proposed so as to prevent direct glare or hazardous interference of any kind to adjoining streets or lands. Lighting of site features, structures, and access ways is proposed in an appropriate manner. 2. All exterior lighting shall be in compliance with the Outdoor Lighting Standards unless otherwise approved and noted in the jinal PUD documents. Up lighting of site features, buildings, landscape elements, and lighting to call inordinate attention to the property is prohibited for residential development. Staff Finding The applicant must meet the outdoor lighting requirements set forth in the City of Aspen Lighting Ordinance. Staff finds that this criterion is required to be met by all development within the City of Aspen. G. Common Park, Open Space, or Recreation Area. If the proposed development includes a common park, open space, or recreation area for the mutual benefit of all development in the proposed PUD, the following criteria shall be met: 1. The proposed amount, location, and design of the common park, open space, or recreation area enhances the character Of the proposed 9 development, considering existing and proposed structures and natural landscape features of the property, provides visual reliefto the property's built form, and is available to the mutual benefit of the various land uses and property users of the PUD. 2. A proportionate, undivided interest in all common park and recreation areas is deeded in perpetuity (notfor a number of years) to each lot or dwelling unit owner within the PUD or ownership is proposed in a similar manner. 3. There is proposed an adequate assurance through a legal instrument for the permanent care and maintenance of open spaces, recreation areas, and shared facilities together with a deed restriction against future residential, commercial, or industrial development. Staff Finding The proposed amendment does not affect the amount of required open space within the PUD. Staff finds this set of criteria not to be applicable to the proposed amendment. H. Utilities and Public facilities. The purpose of this standard is to ensure the development does not impose an undue burden on the City's infrastructure capabilities and that the public does not incur an unjustified jinancial burden. The proposed utilities and public facilities associated with the development shall comply with the following: 1. Adequate public infrastructure facilities exist to accommodate the development. 2. Adverse impacts on public infrastructure by the development will be mitigated by the necessary improvements at the sole cost of the developer. 3. Oversized utilities, public facilities, or site improvements are provided appropriately and where the developer is reimbursed proportionately for the additional improvement. Staff Finding The public infrastructure is already in place. The lot subject to the proposed amendment contains an existing structure with existing services. Allowing this lot to be eligible to obtain a 500 square foot FAR bonus upon review by the Historic Preservation Commission will not put an undue burden on the on the City's infrastructure capabilities. Staff finds this criterion to be met. I. Access and Circulation. (Only standards 1&2 apply to Minor PUD applications) The purpose of this standard is to ensure the development is easily accessible, does not unduly burden the surrounding road network, provides adequate pedestrian and recreational trail facilities and minimizes the use of security 10 gates. The proposed access and circulation of the development shall meet the following criteria: 1. Each lot, structure, or other land use within the PUD has adequate access to a public street either directly or through an approved private road, a pedestrian way, or other area dedicated to public or private use. 2. The proposed development, vehicular access points, and parking arrangement do not create tramc congestion on the roads surrounding the proposed development, or such surrounding roads are proposed to be improved to accommodate the development. 3. Areas of historic pedestrian or recreational trail use, improvements of, or connections to, the bicycle and pedestrian trail system, and adequate access to significant public lands and the rivers are provided through dedicated public trail easements and are proposed for appropriate improvements and maintenance. 4. The recommendations of the Aspen Area Community Plan and adopted specific plans regarding recreational trails, pedestrian and bicycle paths, and transportation are proposed to be implemented in an appropriate manner. 5. Streets in the PUD which are proposed or recommended to be retained under private ownership provide appropriate dedication to public use to ensure appropriate public and emergency access. 6. Security gates, guard posts, or other entryway expressions for the PUD, or for lots within the PUD, are minimized to the extent practical. Staff Finding The proposed amendment does not affect access to the PUD. Staff finds this set of criteria not to be applicable to the proposed amendment. J. Phasing of Development Plan. (does not apply to Conceptual PUD applications) The purpose of this criteria is to ensure partially completed projects do not create an unnecessary burden on the public or surrounding property owners and impacts ofan individualphase are mitigated adequately. Ifphasing ofthe development plan is proposed, each phase shall be defined in the adoptedfinal PUD development plan. The phasing plan shall comply with the following: 1. Al[ phases, including the initial phase, shall be designed tofunction as a complete development and shall not be reliant on subsequent phases. 2. The phasing plan describes physical areas insulating, to the extent practical, occupants of initial phases from the construction of later phases. 11 3. The proposed phasing plan ensures the necessary or proportionate improvements to public facilities, payment of impact fees and fees-in- lieu, construction of any facilities to be used jointly by residents of the PUD, construction of any required affordable housing, and any mitigation measures are realized concurrent or prior to the respective impacts associated with the phase. Staff Finding There is no phasing proposed for the redevelopment of Lot 4A. Staff finds this criterion not to be applicable to the proposed amendment. 12 P82 '462* 224;*4# 7> takiktat~, S ew-ited â‚¬*= 3613 Aa#<*. 6*6tuG g1612 96474= (970) 920-1125 February 7, 2002 Mr. James Lindt, Planner City of Aspen Community Development Department 130 South Galena Street Aspen, Colorado 81611 RE: ALPINE ACRES PUD AMENDWIENT Dear James, This letter is in response to the recent conversation we have had regarding the application to amend the PUD for Lots 4A and 5 off the Alpine Acres Subdivision. Based on the concerns raised by the staff, I am hereby withdrawing Lot 5 from this application. This means that the proposal will only apply to Lot 4A, which is the property owned by the applicant Mr. Alan Becker. Please feel free to contact me if any other issues arise with respect to this project. Very truly yours, ALAN RICHMAN PLANNING SERVICES AÂ» 2.O Alan Richman, AICP AU., 12.86** P M#t,tut' Sewiced â‚¬000 3613 Aa#â„¢. 8,*Larads E 1612 Pfto.td'?<U l970) 920-1125 December 31, 2001 Mr. Chris Bendon, Senior Planner City of Aspen Community Development Department 130 South Galena Street Aspen, Colorado 81611 RE: ALPINE ACRES PUD AMENDMENT Dear Chris, This is an application to amend the PUD for Lots 4A, 4B, and 5 of the Alpine Acres Subdivision (note: Lots 4A and 4B are also known as the Dunn/Bishop Subdivision Exemption). The PUD designation was applied to the property by the Aspen City Council pursuant to Ordinance 35, Series of 1987, a copy of which is attached as Exhibit #1. This Ordinance rezoned these lots R-6/PUD. Subsequently, the City designated the structure on Lot 4A as an historic landmark pursuant to an ordinance adopted in 1998. A vicinity map depicting the entire subdivision and surrounding properties is included with this application. The application is being submitted by the owner of Lot 4A, Alan Becker (hereinafter, "the applicant"). A copy of the title commitment for this property, demonstrating that he is the owner, is attached as Exhibit #2. Letters from Mary Sabatasso the owner of Lot 48, and Shirley Peterson and Chris Dodaro, the owners of Lot 5, joining in and consenting to the submission of this application, along with proof that these individuals are the owners of the subject properties, are attached as Exhibit #3 and Exhibit #4. A vicinity map showing the location of these properties within the City is also provided on the next page. The applicant is being represented by Alan Richman Planning Services for purposes of this application. A letter from the applicant confirming this arrangement is attached as Exhibit #5. I held a pre-application conference with you on December 19, 2001, to identify the City's review procedures that would apply to this proposal (see Exhibit #6, Pre-Application Conference Summary). During this meeting, you verified that this application would be processed as a two step PUD Amendment, with review by the Planning and Zoning Commission and the City Council. The applicant's responses to the relevant standards of the Land Use Code are provided below. First, however, it is essential that we provide you background information on these properties, to better explain the need for this PUD Amendment. Mr. Chris Bendon December 31, 2001 Page Three Property History In November, 1986, Mr. Dunn and Mr. Bishop, the owners of what was then known as Lot 4 of the Alpine Acres Subdivision, submitted an application to the City to split the lot into Lots 4A and 4B. At the time, Lot 4 contained two individual victorian residences on a single property. The owners sought the ability to give these residences their own distinct lots, rather than to make them conforming by joining them together into a duplex on a single lot. As review of the application proceeded, the City discovered an error in its official zone district map. The map showed the Alpine Acres zoning designation as R-6. However, research indicated that the property had actually been zoned R-15 upon its annexation to the City in 1976, and had remained so ever since. Since Lot 4 consisted of just 15,890 s.f., the lot split would have been prohibited since it would create two nonconforming sized lots. To resolve this problem, the City agreed to sponsor a rezoning of the property and then to grant the rezoning pursuant to Ordinance 35, Series of 1987. As part of this Ordinance, the City made a finding that "due to the existing narrow lots and large front yard setbacks of Lots 4 and 5, a Planned Unit Development Overlay is appropriate to allow for the creation of new lots not meeting the minimum lot width requirement and to maintain the existing character of the front yard setbacks". Therefore, the City placed a PUD Overlay on Lots 4 and 5, subject to the following conditions that were offered by the lot owners: A. Each dwelling unit in Alpine Acres shall be restricted to a maximum countable floor area of 2,486 sq. ft. B. Front yard setbacks of Lots 4 and 5, and subsequently re-subdivided Lots 4A and 4B, shall be a minimum of 25 feet. C. The minimum lot width of newly created Lots 4A and 4B shall be approximately 45 feet and 39 feet, respectively. It is the first of these conditions that the applicant seeks to amend. Proposed Amendment The applicant seeks authorization from the City to be able to apply for one of the City's historic preservation incentives, this being the ability to obtain up to a 500 sq. ft. floor area bonus for "an outstanding preservation effort" for a historic landmark (see Section 26.415.010 C.5 of the Aspen Land Use Code). This authorization would also apply to Lot 5, which presently contains two historic structures, neither of which is presently a landmark, but both of which are on the historic inventory and could be eligible for such designation. It would not apply to Lot 4B, since the residence on this property was built in the 1980's. Mr. Chris Bendon December 31, 2001 Page Four To accomplish this proposal, we would ask the City to amend Condition A. of the PUD to read as follows: "A. Each dwelling unit in Alpine Acres shall be restricted to a maximum countable floor area of 2,486 sq. ft., plus any floor area bonus that might be awarded by the HPC to Lot 4A or Lot 5 for an outstanding preservation effort for a historic landmark pursuant to Section 26.415.010 C.5 of the Aspen Land Use Code." We believe this proposal is consistent with the City's original intent in designating this site as a PUD. At that time, the owners agreed to limit the buildout to 2,486 sq. ft. of countable floor area per unit, which was well below the floor area that would have been allowed in the R-6 zone at that time (3,795 sq. ft. would have been allowed on each of Lots 4A and 4B). Since that time, many changes have been made to the City's floor area regulations. The floor area for the R-6 zone was revised in 1989, reducing the maximum allowable floor area for Lot 4A to about 3,475 sq. ft. In addition, various floor area bonuses and exemptions have been authorized, including the exemption for accessory dwelling units (which has been modified several times) and the bonus for historic landmarks. The owners could not have anticipated that the City would have created such incentives. We believe it is only fair to give them the opportunity to apply to utilize one of these tools, which is designed as an incentive for historic restoration and preservation projects such as this, especially since their resulting tloor area will still be well below that allowed for similarly sized properties in the R-6 zone district, as was the intent of the original PUD. Response to PUD Review Standards To determine whether this proposal is appropriate, you have asked us to respond to PUD review standards A, B.1. and B.2 found in Section 26.445.040 of the Code. The applicant's response to these standards is as follows. A. General Requirements. 1. The proposed development shall be consistent with the Aspen Area Community Plan. Response: The City has adopted a set of historic preservation incentives as a means of implementing the historic preservation elements of the AACP. It would be consistent with the AACP to provide the opportunity for the historic structures within this PUD to avail themselves of the opportunity to apply for the tloor area bonus if the owners can demonstrate they would be developing an outstanding preservation effort. 2. The proposed development shall be consistent with the character of existing land uses in the surrounding area. Mr. Chris Bendon December 31, 2001 Page Five 3. Tile proposed development shall not adversely affect the future development of the surrounding area. Response: The City will maintain ample protection for the character of this area following this amendment. All this amendment accomplishes is to authorize the submission of an application to HPC for a preservation project. The applicant must still demonstrate that the project not only meets all of HPC's guidelines, but also that it is an outstanding preservation effort. These are very strict standards for any applicant to meet, and ensure that the resulting product will truly compliment the neighborhood and achieve the City's historic preservation and community character goals. 4. The proposed development has either been granted GMQS allotments, is exempt from GMQS, or GMQS allotments are available to accommodate the proposed development and will be considered prior to, or in combination with, final development plan review. Response: The proposed development will be eligible for a growth management exemption, both because it would be a residential remodeling/expansion project and because it will involve the expansion of a historic landmark. B. Establishment of Dimensional Requirements: The final PUD development plan shall establish the dimensional requirements for all properties within the PUD, as described in General Provisions, Section 26.445.040, above. The dimensional requirements of the underlying zone district shall be used as a guide in determining the appropriate dimensions for the PUD. During the review of the proposed dimensional requirements, compatibility with surrounding land uses and existing development patterns shall be empliasized. The proposed development requirements shall comply with the following: 1. The proposed dimensional requirements for the subject property are appropriate and compatible with the following illfluences on the property: a. The character of, and compatibility with, existing and expected future land uses in the surrounding area. b. Natural or man-made hazards. c. Existing natural characteristics of the property and surrounding area, such as steep slopes, waterways, shade, and significant vegetation and landforms. d. Existing and proposed man-made characteristics of the property and the surrounding area, such as noise, traffic, transit, pedestrian circulation, parking, and historical resources. Mr. Chris Bendon December 31, 2001 Page Six 2. The proposed dimensional requirements permit a scale, massing, and quantity of open space and site coverage appropriate and favorable to the character of the proposed PUD and of the surrounding areas. Response: Following is an analysis of the proposed dimensional requirements for Lot 4A (which is the only lot with current development plans). This lot is currently improved with two structures. The residence, located towards the front of the lot, contains approximately 1,075 sq. ft. The garage, located towards the rear of the lot, contains approximately 670 sq. ft., of which 375 sq. ft. is exempt tloor area, while 295 sq. ft. counts. Above the garage, the applicant built an accessory dwelling unit several years ago, that contains approximately 680 sq. ft. Even though this structure is detached from the main residence, it counts fully as floor area due to the City's new ADU regulations (although it could have been eligible for a partial floor area exemption under the City's prior regulations). Therefore, the countable floor area on this lot today is as follows: 1,075 sq. ft. (house) 295 sq. ft. (garage) 68() sq. ft. (ADU) 2,050 sq. ft. This leaves 436 sq. ft. of floor area that could be built today, given the PUD limit of 2,486 sq. ft. The historic preservation bonus would increase this amount to 2,986 sq. ft. of floor area, which still about 15% less than would typically be allowed on a lot of this size in this zone district, continuing to fulfill the City's intent, expressed in Ordinance 35, Series of 1987, to keep these units from developing out of character from surrounding structures. It will allow the main house to grow to about 2,000 sq. ft. of countable floor area, so it will still be a home that is in character with its neighborhood. In fact, in recent years, nearby houses along Gibson Avenue have developed at much higher intensity than these small homes, which remain quite modest in size and would still be relatively small compared to their neighbors if this bonus were obtained. In conclusion, I believe the applicant has responded to the direction given during the pre- application conference. Please let me know if there is anything else you require. Very truly yours, ALAN RICHMAN PLANNING SERVICES ,4 4-Yl -2,20 Alan Richman, AICP EXHIBITS ZOO'd 6SSI W. XH/Xi 90:ZI IO/9Z/60 EXHIBIT #2 COMMITMENT SCHEDULE A LOAN NO 67857B3 NORWEST MORTGAGE, INC. 3601 MINNESOTA DRIVE STE 200 BLOOMINGTON PIN 55435 1. Effective Date: February 9, at 7:00 AM Order No. 405302 -C RS/am Customer Reference BECKER 2. ALTA Owner'â€¢ Policy Amountâ€¢ $ Propaged Innurads ALAN K. BECKER 3. ALTA Loan Policies Amounts $ 435,000.00 Proposed Ingured: NORWEST MORTGAGE, INC., its Successors and/or Assigns Propowed Insured: Amounts $ 4. The estate or interest in the land described or referred to in this Commitment and covered herein is: FEE SIMPLE and title thereto ia at the effective date hereof vested in: ALAN K. BECKER isgued by: Owner's Premiumt $ ASPEN TITLE CORPORATION Lender' s Premium: $ 586.00 600 EAST HOPKINS AVENUE #305 Add'l Lender Chg: S ASPEN CO 81611 Add'l Charges: $ FAX 970-920-4052 Tax Certificate: $ 10.00 PH 970-920-4050 DENVER 303-595-8463 Endorsement Chg: $ 75.00 TED Charges: S TOTAL CHARGES: $ 671.00 FIRST AMERICAN TITLE INSURANCE COMPANY oon--1 ann/,nnÂ·.1 n00-1 ientrn,Rnin ent yonU JU I Jn i LIWJINAA 5-1 III Jltn 1 Â£00'd 6SSI' XH/XI 90:ZI IO/9Z/60 COMMITMENT Plat id No. 20~40 SCHEDULE A (continued) Order No. 405302 -C 5. The land referred to in the Commitmant iâ€¢ covering the land in the State of Colorado, County of Pitkin , diacribed as follows; Lot 4A, THE DUNN/BISHOP SUBDIVISION EXEMPTION, according to the Plat thereof recorded December 11. 1987, in Plat Book 20 at Page 40- FIRST AMERICAN TITLE INSURANCE COMPANY 890-5 900/Â£00-d 099-1 ZG0P0Z8018 SBINOON RH1 40 11~YAINDO RlllI-UI0J4 ule'c:ni i k00'd 6SSI VA. X11/Xi 90:ZI IO/9Z/60 COMMITMENT SCHEDULE B Order No. 405302 -C Section 1 REQUIREMENTS TEE FOLLOWING ARE THE REQUIREMENTS TO BE COMPLIED WITH: Item (a) Payment to or for the account of the grantore or mortgagorg of the full consideration for the estate or interest to be insured. Item (b) Proper instrumant(g) creating the estate or interest to be insured must be executed and duly filed for record, to wit: 1. Releage by the Public Trustee of Pitkin County of the Deed of Trust from Alan K. Becker for the use of Bancplus Mortgage Corp., to secure $444,376.00, dated May 7, 1996, and recorded May 7, 1996, at Reception No. 392448. NOTE: Assignment of the above Deed of Trust to Barnett Mortgage Company, recorded September 4, 1996, at Reception No. 396707. NOTE: Assignment of the above Deed of Trust to The First National Bank of Chicago au Trustee, recorded April 18, 1997, at Reception No. 403547. 2. Deed of Trust from ALAN K. BECKER to the Public Trustee of Pitkin County for the use of NORWEST MORTGAGE, INC., its Successors and/or Assigne, to secure $435,000.00. THE MORTGAGE POLICY, WHEN ISSUED. WILL NOT CONTAIN EXCEPTIONS NO. 1, 2, 3 AND ~ 4, AND WILL CONTArN ENDORSEMENT FORM 100, PROVIDED THAT (A) THE ENCLOSED FORM OF INDEMNITY AGREEMENT OR FINAL AFFIDAVIT AND AGREEMENT IS PROPERLY EXECUTED AND ACKNOWLEDGED BY THE PARTY (IES) INDICATED AND RETURNED TO THE COMPANY OR ITS DULY AUTHORIZED AGENT, (B) THE COMPANY OR ITS DULY AUTHORIZED AGENT RECEIVES AND APPROVES AN IMPROVEMENT LOCATION CERTIFICATE PROPERLY CERTIFIED BY REGISTERED SURVEYOR OR ENGINEER, AND (C) APPLICABLE SCHEDULED CHARGES IN THE AMOUNT OF $45.00 ARE PAID TO THE COMPANY OR ITS DULY AUTHORIZED AGENT. THE MORTGAGE POLICY, WHEN ISSUED, WILL CONTAIN THE FOLLOWING ENDORSEMENT FORM(S), PROVIDED THAT APPLICABLE SCHEDULED CHARGES IN THE AMOUNT(S) FOLLOWING EACH ENDORSEMENT ARE PAID TO THE COMPANY OR ITS DULY AUTHORIZED AGENT- 8.1 $30.00 FIRST AMERICAN TITLE INSURANCE COMPANY 900.d 6SSI v,/ XH/Xl 90:ZI IO/9Z/60 COMMITMENT SCHEDULE B Section 2 EXCEPTIONS Order No. 405302 -C The policy or policies to be issued will contain exceptions to the following matters unless the game are disposed of to the Batiufaction of the company: Any logs or damage, including attorney fees. by reason of the matters shown below: 1. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in poggesvion thereof. 2. Easements or claime of easements, not shown by the public records. 3. Discrepancies, conflicts in boundary lines, shortage in area. encroachments, and any other facts which a correct survey would dieclose and which are not shown by the public records. 4. Any lien, or right to a lien for services, labor or material heretofore or hereafter furnished, impoewd by law and not shown by the public recorde. S. Defect=, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof, but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. 6. Taxes due and payable; and any tax, special aggessments, charge or lien imposed , for water or Mewer service, or for any other special taxing district. 1. Taxes and ascessments for year 1997, a lien now due and payable, but not yet delinquent. 'raxes and auoessments for the year 1998. a lien not yet due and payable. 2. Right of the Proprietor of a Vein or Lode to extract and remove his ori therefrom, should the gamv be found to penetrate or interâ€¢ect the premises hereby granted, ae reverved in United Statew Patent recorded November 25, 1958, in Book 185 at Page 69. 3. Right of way for ditches or canals constructed by the authority of the United States, as reserved in United States Patent recorded November 25, 1958, in Book 185 at Page 69- 4. Agreement between Luke W. Anthony and the City of Aspen, recorded February 9, 1977, on Book 324 at Page 657. 5. Restrictions, which do not contain a forfeiture or reverter clause, as contained in instrument recorded April 26, 1977, in Book 327 at Page 887. (Continued) FIRST AMERICAN TITLE INSURANCE COMPANY RQn-4 qnn/cnnÂ·.1 nqq-1 7Cn,n,An,R Rl I 110>1 RW I An ll,VAWn, :11 Ill-WOJ 4 wegc:ni inn,-0,-Rn 900'd 6SSI'ON XM/Xi 90:ZI IO/9Z/60 EXCEPTIONS (continued) Order No. 405302 -C 6. Statement of Exemption between Luke W. Anthony and the City of Aspen, recorded August 4, 1977, in Book 333 at Page 4. 7. Agreement between Luke W. Anthony and Charles D. Bishop et al.. recorded December 30, 1983, in Book 458 Page 149. 8. Statement of Exception between Chip Bighop, et al. and the City of Aspen, recorded December 11, 1987, in Book 552 at Page 876. 9. Access eagement au shown on the Plat of said Subdivision. said easement being 20 feet in width along the Northerly portion of subject property. 10- Front Yard setback line ag shown on the Plat of gaid Gubdivivion, said elgament being 25 feet in width along the Southerly portion of subject property. 11. Encroachment of Herron Drive onto subject property as Shown on the Plat of said subdivision. 12. Restrictions, which do not contain a forfeiture or reverter clause, as ahown on the filed Plat of said subdivision. FIRST AMERICAN TITLE INSURANCE COMPANY 3 1 UWAWA1 1 1 1 1 1 -lin J AN RICHMAN 9 )201125 P.07 EXHIBIT #3 Mr. Chris Bendon, Senior Planner City of Aspen Community Development Department 130 South Galena Street Aspen, Colorado 81611 RE: ALPINE ACRES PUD AMENDMENT Dear Mr. Bendon, I am the owner of Lot 4B of the Alpine Acres Subdivision. Proof that I am the owner of tllis property is attached. As the owner of the property, I would like to inform you that I consent to the application that Alan Becker is submitting to amend the PUD that applies to Lots 4A, 4B, and 5 of the Alpinc Acres Subdivision. Since my property does not con tam a historic structure, I understand that the proposed amendment would not apply to my property, but I consent to the amendment applying to Lots 4A and 5. Should you have any need to contact me during your review of the application, please do so at the address and telephone number below. Sincerely, 71747,4+61~6*--- Mary SKbatasso 940 Matchless Drive Aspen, Colorado 81611 925-7735 12/20/01 18:30 TX/RX NO.1611 P.007 ~ EXHIBIT #5 Mr. Chris Bendon, Senior Planner City of Aspen Community Development Department 130 South Galena Street Aspen, Colorado 81611 RE: ALPINE ACRES PUD AMENDMENT Dear Chris, I hereby authorize Alan Richman Planning Services to act as my designated representative with respect to the land use application being submitted to your office for my property, located at 950 Matchless Drive. Mr. Richman is authorized to submit an application to amend the Alpine Acres PUD. He is also authorized to represent me in meetings with the City of Aspen staff, the Planning and Zoning Commission, and the City Council. Should you have any need to contact me during the course of your review of this application, please do so through Mr. Richman, whose address and telephone number is included in the land use application. Sincerely, 1 c -1.-71---CO./,1/Cj , 1* , I. b 2 -L Alan Becker 950 Matchless Drive Aspen, Colorado 81611 925-1462 SPECIAL WARRANTY DEED THIS DEED, Made this 29th day of March '1999 , between MARY SABATASSO of the said County of PITKIN and State of COLORADO , grantor, and MARY L. SABATASSO FAMILY TRUST, dated November 18, 1998 Dv 8 fi whose legal address is 940 Matchless Drive Aspen, CO 81611 of the said County of PITKIN and State of COLORADO , grantee: WITNESS, that the grantor, for and in consideration or Ihc sum or TEN DOLLARS AND OTHER GOOD AND VALUABLE CONSIDERATION DOLLARS, ihe rcceipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed. and by these presents does grant, bargain. sell. convey and confirm, unto the grantee, his heirs and assigns forever, all the real property, together with improvements. if any, situate, lying and being in the said County of PITKIN and State of Colorado described as follows: Lot 43, according to the Plat of the DUNN/BISHOP SUBDIVISION EXEMPTION, recorded December 11, 1987 in Plat Book 20 at Page 40 as Reception No. 295709. County of Pitkin, State of Colorado res* 11111'llillilll'll lili lilli 1111111 lilli Ill lilli lili lili 1 590 429308 03/29/1999 04:28P SPEC WD DAVIS SILVI O- 1 of 1 R 6.00 D 0.00 N 0,00 PITKIN COUNTY CO as known by street and number as: TOGETHER with all and singular the hereditainents and appurtenances ihercio belonging, or in anywise apperlaining, and the reversio~ 26 and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand whkk. soever of the grantor, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances. 339 TO HAVE AND TO HOLD the said premises above bargained and described with the appurtenances, unto the grantee , his heirs and â„¢~6Â·~ >0 assigns forever. The grantor, for himself, his heirs, and personal representatives or successors, do covenant and agree that he shall and will Co WARRANT AND FOREVER DEFEND the above-bargained premises in the quiet and peaceable possession of the grantee, his heirs and 91 5 N assigns, against all and every person or persons claiming the whole or any part thereof, by, through or under the grantor. The singularo 5 NZ number shall include the plural, the plural and the singular, and the use of my gender shall be applicable [o all genders, -EÂ· -3 IN WITNESS WHEREOF, the granfor has executed this dccd on the date set forth .:bove Q ~-~3*404400} Jr- MARY SABATASSO V State of COLORADO ) ) SS. County of PITKIN The foregoing instrument was acknowledged before me this 29th day of March , 1999 , by MARY SABATASSO. 0, r 1 02 0 ' i -*-*-_* r. I My Commiss,0,-1 exp" a~;'12/S-11%~~~~~al.' ,~~~~~~-~~.L-% ;* :r,M<gu,EA:4~p e'li,res MARCIA POUTOUS Nov. 5,2001 1 ~t.0...:uBc.V ~0 Notary Public . Re No: 04Â£33 V o " J~w:a '1'ille of Aspen. 1â€¢~c. No. 16 SPECIAL-,PARkANTY DEED Rev. 9/97 Â·3~99 ~ EXEMPT FRO HR CITY OF AS CITY OF 12/28/01 13:20 FAX 61237 3 Kinko'& Stadium Vill 0001 12/27/01 11:57 FAX 970 925 7224 ALAN BECKER 2002 Al.AN RICHMBN 9709281177 P. 01 EXHIBIT #4 Mr. Chris Bendon, Senior Planner City of Aspcn Corn=unity Devclopinelit Department 130 South Galcna Strccr Aspen, Colorado 81611 RE: ALPINE ACRES PUD AMENDMENT Dear Mr. Bendoo, \Vc arc thc owners of Lot 5 of the Alpinc Acres Subdivision. Proof that we are the owners of this property is arraclied. As the owners of The property, we would like to inform you that we consent to [he application thal Alan Becker is submitting to aniend the PUD that applies to Lots 4A. 48, and 5 of the A]pinc Acres Subdivijion. Wc a.130 wish to join this application, so that the PUD amendment can also apply to our property. We hereby authon*2 Mr. Becker and his representative, Alan Richman Planning Services, to submit this application on our behalf. Should you have any need to contact ug during your review of the application, please do so ar the address and Ielephonc number below. Sincerely, Shirley Pacrson Chris DOdaro 920 Iviatchless Drive 930 Matchless Drtve Aspen, Colorado 8161] Aspon, Color:idn 8 I 611 970-544-1054 703-737-6782 Â¢1104 00-24Â» Fyu +Ecch? i t~ZI) Hut,.~--> William G. Peterson 12/26/01 17:36 TX/RX NO.1613 P.001 I 12/28/01 13:20 FAX 6123 13 Kinko' G Stadium Vl e ~ 001 12/27/01 11:57 FAI 970 925 7224 ALAN BECKER 2 002 ALAN R I C H M B N 9709281 127 P.01 EXHIBIT #4 Mr- Chris Bendon, Senior Planner City of Aspen Corn=unity Dcvclopment Department 130 South Galcna StrccI Aspan, Colorado 81611 RE: ALPINE ACRES PUD AMENDMENT Dear Mr. Bendoo, Wc arc the owners of Lot 5 of the Alpinc Acres Subdivision. Proof that we are the owners of this property it arrached. As the owners of The: property, we would like to inform you that we consent to the application thal Alan Becker is submitting to amend the PUD tlial applies to Lots 44 48, and 5 of thc Alpinc Acres Subdivi3ion. Wc also wish to join this application, so that the PUD amendrncnt can also apply to our property. We hereby authorize Mr. Becker and his representative, Alan Richman Planning Services, ID submit this application on our behalf. Should you have any need to contact ul during your review of the application, please do so at the address and relephonc number below. Sincerely, Shirley Petcrion Chits DOdaro 920 Matchless Drive 930 Matchless Drive .4-spen, Colorado 8161] Aspon, Colorado 81611 970-544-1054 703-737-6782 4.-2 K~45%u ~O' Â«Ecch Q / rÂ·qzD:L,t~A-=IP William G. Peterson 12/26/01 17:36 TX/RX NO.1613 P.001 ~ 19/90/Al 19.91 TV /nV kTA 10/07 n AA. - ill 12/27/ 14:43 IlA I L BOXES ETC + 1970925722 NO.794 001 F,rad,rl .1 0'r#/ A.1., RÂ£.cwion Ne R"fird- 1 SPECIAL WARRANTY DEED TIBS DEED, M.de thi, 7th d~yof February . 19 94 bc/./. â€¢ Christine P. Haas W U. â€¢ Coung Of Pitkin , Stow of Colon,10. trunlof(0. lund Chriatine M. Dodaro whik legal *ddrui i. 930 Matchless Dr, Aspen, Colorado 81611 11 of th, County or Pitkin , S,4 0( Colon,10, gruntÂ¢.(6): 1 WITNESSEnt, Thâ€¢, thc gr,nwral & ard in ,Â·muidorknon oi the .m of ~Ten Dollars ($10.00) and other good and valuable consideratiolÂ®016(Â¢%4 11,* recciptandiuffi/Uncy of which,Lheack.y .....6â€ž0.-Ic,1/cd.ha S 0,41*-â€¢1. b.,u.,4.,1. soldan,1/onveyed. undbythclcpn//.ud/as tranl. . b,;pin. .11. Convey an.J r,infii,n. 1.6., Ihc B'.â€žI"m, her le,râ€¢ 00'J -Rig'â€¢1 '00,Â·m. wit ttic nal p..per.y...S. hÂ¢r wim Improvc....., 1 i 'f Iny, Gitualc, tying Aâ€žd b.Eing in 80 Cuunt)Â· of Pitkin , St.u of Colon.do. I . described iu folion: Condominium Unit 1, Alpine Acres Townhouse Condominiums No.5. according to the Condominium Map appearing in the records of i the County Clerk and Recorder of Pitkin County.Colorado. in Plat Book 17 at Page 75 and as defined and described in the ~ Condominium Declaration thereof recorded September 6, 1985 in i Book 494 at Page 420. 3&6804 1-?41 P-108 02/10/94 10,50A PS 1 OF i REC ooc BILVIA DAVIS PliKIM COUICTY CLENK & RECORDERI 5.00 //.0 knug. by â€¢ucct and IUmbÂ¢r as: 930 Matchless Drive i TOGETTIER wi,h all ind singula, 01Â£ hele<lita,nerl(g and appwwn,wleÂ¢A Ine,clo bclort:186. or In anywisi Ipp,truining. and th,c fcwriloA ina revenions. rcm:indizr Mil Itmaindiri, Rnls, iswei and proAc, INreof: and 01! ahe eitotc, r;glit, lilk, intÂ¢ic:A. claim *nd *Hund whitso,vir of thi graniort:X either in IN or equny, or. in und tu th: utt,IR birawincd pr:m,sci, v,Â·,al, the bereditoment; and i,ppurle.nances; TO HAVE AND 10 HOLD ihi said prcinits abo,e b.lrgained 2,10 0Â¢â€¢cih:J with *he hpihIncnunrc,5. unto ihe inmcco), he r heirs and ; *signs folcyer. Thc gnmlor($ 1 for herm f .her hcirs and pcrunal f.prownlitive nr :,icceâ€¢ion. do e S:ov,nani ind av,i thal she &11 and wil}WARRANT AND FOREVER DEFEND,hi abovt-bugalned pitrni,ci in thiquician.j pc:,ceablepm.=ionifthc voate,~0, ha r &,r, and &,cnE, a.pwÂ·Ut all andevery linon or pefien, clilimng thÂ¢ whole OrÂ· iny parl the/of. by. throu, h ar uitir ihc: pili,01 IN WITmiSS WEIEREOF. Irc gn,{IN,) ha s excewed /bh ilicij on the date 61 forth above C34417;L 69 4.-ea, Chriatine P. Haai ETATE OF COLORADO ~ 11 C=:!; Wf Pitkin . a 'w J Â·. I J Tbc-fort:out insin,mcin wii Kknowledged bei~ ince this o,yo{ Fobruaryj:~~iki~,3Â·it by Christine P. Haas /4,1 : 9 ...?Sti Witatis my h:ind and orl'Icial seol. My ,-Arnmisimon explret 3- -2.91%. . :6 2*783 4 /4., 4.v P, 4111& 3/: j *lf in Dcnxr, *m "Chy wd." N. -. ..1 A,61.- 4~..- C.-,iÂ». N...1, Cr..i.4 1....1 D-Â·44. U 36 lk-â€¢06. 1. CRl) Na- 16. R.~-â€¢. 3-25. spICIAL WARRANTÂ¥ Di:ED 43 Daford Publi,hine. 1743 Wax- SL., Denver. CO :10]02 - 110;J ln.)300 _ 5-9, EXHIBIT #6 CITY OF ASPEN PRE-APPLICATION CONFERENCE SUMMARY PLANNER: Chris Bendon, 920.5072 DATE: 12.19.01 PROJECT: Alpine Acres Lot 4a Substantial Planned Unit Development Amendment REPRESENTATIVE: Alan Richman 920.1125 OWNER: Alan Becker 925.1462 TYPE OF APPLICATION: 2 Step. Phmning and Zoning Commission, City Council. DESCRIPTION: Applicant is seeking an amendment to the PUD limitation of"countable" square lootage to allow the application of"bonus" square footage granted by the HPC. Land Use Code Sections: 26.445 Planned Unit Development 26.304 Common Development Review Procedures. Review by: Staff for completeness and analysis: Community Development Director for recommendation; Planning and Zoning Conimission for Pl.JD recommendation (PH) City Council for PUD (Pll). Public Heat-itig: Yes, for meetings above noted by (PH). Applicant must post property and mail notice at least 10 days prior to hearing, or at least 15 days prior to the public hearing if any federal agency, state, county, municipal government, school, service district or other governmental or quasi- governmental agency owns property within three hundred (300) feet of the property subject to the development application. Applicant will need to provide proof of posting and mailing with an affidavit at the public hearing. Referral Agencies: Historic Preservation Officer Planning Fees: Planning Deposit Minor ($1,205) Referral Agency Fees: None. Total Deposit: $1,205. For 6 hours. additional hours are billed at a rate of $205/hour. Fee schedule is subject to change. To apply, submit the following information: 1. Proofofownership. 2. Signed fee agreement. 3. Applicant's name, address and telephone number in a letter signed by the applicant which states the name, address and telephone number of any representative authorized to act on behalf of the applicant. 4. Street address and legal description of the parcel on which development is proposed to occur, consisting of a current certificate from a title insurance company. or attorney licensed to practice in the State of Colorado, listing the names ofall owners of the property, and all mortgages. judgments, liens, easements, contracts and agreements affecting the parcel, and demonstrating the owners right to apply for the Development Application. 5. Documents limiting square footage with proposed amendment language. 6. Letters from all affected land owners consenting to submission of PUD amendment. (See note.) 7. rotal deposit for review of the application. 8. 18 Copies of the complete application packet and maps. HPC = 12, PZ = 10; GMC = PZ+5; CC = 7, Referral Agencies = 1/ea.: Planning Staff= 1 9. An 8 1/2" by 11" vicinity map locating the parcel within the City of Aspen. Attached 10. Site improvement survey -Waived. 1 1. List of adjacent property owners within 300' for pliblic hearing. Obtain at the GIS Department, first floor of City Hall-920.5453. 12. Response to application criteria. (See attached application packet.) Notes: 1. The scope of project does not warrant the major deposit fee and only the minor deposit shall be required for. application submittal. 2. Application only needs to respond to PUD criteria A. Bl. and 82. All other PUD criteria are not applicable to this amendment. 3. The application should clarify whether the FAR limitation affucts only lots 43,4b, and 5 or ift|le limitation affects all 5 original lots ofthe subdivision. 4. At a minimum, the land owners party to the FAR limitation are required to consent to the application to amend the restriction on Lot 4a. A letter stating the land owners name legal description of their property, and indication of consent is needed. 5. Iftlie land owners subject to the FAR lim itation wish to join tile application and be party to the amended language, an indication ofjoining the application, proof ofownership, and any representative authorization is also needed. 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 summary does not create a legal or vested right. r 369 lik lu x // BOOK 547 PAGE191 - - Z M or U, -5 Z< ORDINANCE NO. 35 W '2 . -2 25 4* C.) (U\] - I. (Series of 1987) g< 00 02 =19 7 AN ORDINANCE REZONING THE ALPINE ACRES SUBDIU~ION* CITY COF 'b ASPEN, PITKIN COUNTY, COLORADO FROM R-15 (RESIE~NTIAL) TO R-6 (RESIDENTIAL) AND PLACING A PLANNED UNIT DEVELOPMENT (PUD) OVERLAY ON ALPINE ACRES LOTS 4 AND 5 WHEREAS, an application and petition have been submitted by Joseph Dunn, Charles Bishop and other owners of the Alpine Acres Subdivision to rezone to R-6 (Residential) Alpine Acres and to place a Planned Unit Development Overlay on Alpine Acres Lots 4, subsequently resubdivided Lots 4A & 4B, and Lot 5; and WHEREAS, the subdivision is presently zoned R-15 (Residen- tial); and WHEREAS, all of the owners of Alpine Acres Subdivision have agreed to request a voluntarily imposed maximum floor area (FAR) of 2,486 square feet per dwelling unit; and WHEREAS, as part of the rezoning request, Joseph Dunn and Charles Bishop have submitted a subdivision exception request for the purpose of creating two lots; and WHEREAS, at a duly noticed public hearing held on July 21, 1987, the Aspen Planning and Zoning Commission did recommend that the subdivision exception and rezoning be approved; and WHEREAS, the application has been found to be generally consistent with Section 24-12.5 Of the Land Use Code which establishes criteria for rezoning; and WHEREAS, the City Council has found that due to the existing narrow lots and large front yard setbacks of Lots 4 and 5 a Planning Unit Development Overlay is appropriate so to allow for the creation of new lots not meeting the minimum lot width BOOK u97 PAGE197 requirement and to maintain the existing character of the front yard setbacks; and WHEREAS, the Aspen City Council has considered the recommen- dation of the Planning and Zoning Commission and has determined the proposed rezoning to be compatible with surrounding zone districts and land use in the vicinity of the site. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1 That it does hereby rezone to R-6 the Alpine Acres Subdivi- sion and place on Lots 4 and 5 of Alpine Acres a Planned Unit Development (PUD) overlay subject to the following conditions voluntarily imposed by the subdivision property owners: A. Each dwelling unit in Alpine Acres shall be restricted to a maximum countable floor area of 2,486 square feet. B. Front yard setbacks of Lots 4 and 5, and subsequently resubdivided Lots 4A and 4B, shall be a minimum of 25 feet; and C. The minimum lot width of newly created Lots 4A and 4B shall be approximately 45 feet and 39 feet respect- ively. Section 2 That the Zoning District Map be amended to reflect the rezoning described in Section 1 and the City Engineer be author- ized and directed to amend the map to reflect the zoning change. Section 3 That the City Clerk is directed upon adoption of this ordinance to record a copy of this ordinance in the office of the Pitkin County Clerk and Recorder. BOOK 547 PAGE 198 Section 4 If any section, sub-section, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions thereof. Section 5 A public hearing on the Ordinance will be held on the /4~~ of 1.pea.1,3 , 1987 at 5:00 P.M. in the City Council Chambers, Aspen City Hall, Aspen, Colorado, fifteen (15) days prior to which hearing notice of the same was published once in a news- paper 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 /25 9~4-9 of ~LM*.a-f'' 0 1987. '.'t""fffi, William L. Stirling, Mayor '4 . - f f .ATTEST: 3 1 9 Kathryn *3/ 3<och, City Clerk .Nlj 1 7-'Â£ )4Â»#.LY adopted, passed and approved this /9 day 01~~~2~Â¢01~.tÂ·1,0~ 1987. ---Â»Â»09*47 William L. Stirling, Matror '10,1 'i J f~ t~TES'I? 4,0 ~'5- . kathryn 1<och, City Clerk - gh.49 i : j AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: , x4- 4 A i A I ~ Ltâ‚¬- p Â·, AspeÂ«o Act/*el SCHEDULED PUBLIC HEARING DATE: 3 3 296= , 200_ I 1 STATE OF COLORADO ) County of Pitkin ) L -31 N 4- s L 1 0 off (name, please print) being or representing an Applicant to the City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) of the Aspen Land Use Code in the following manner: V' 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, waterproo f 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 ten (10) days prior to the public hearing and was continuously visible from the clay of , 200 , to and including the date and time of the public hearing. A photograph of the posted notice (sign) is attached hereto. Mailing of notice. By the mailing of a notice obtained from the Community Development Department, which contains the information described in Section 26.304.060(E)(2) of the Aspen Land Use Code. At least ten (10) days prior to the public hearing, notice was hand delivered or mailed by first class, postage prepaid U.S. mail to all owners o f property within three hundred (300) feet of the property subject to the development application, and, 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 any federal agency, state, county, municipal government, school, service district or other governmental or quasi-governmental agency that owns property within three hundred (300) feet of the property subject to the development application. The names and addresses o f property owners shall be those on the current tax records of Pitkin County as they appeared no more than sixty (60) days prior to the date of the public hearing. A copy of the owners and governmental agencies so noticed is attached hereto. (continued on next page) 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 ofan accurate survey map or other sufficient legal description o ti and the notice to and listing of names and addresses o f owners of real property in the area of the proposed change shall be waived. However, the proposed zoning map has been available for public inspection in the planning agency during all business hours for fifteen (15) days prior to the public hearing on such amendments. OkitaL-,=2zft-6,4~ 1 Â§~nature 1 The foregoing 'Affidavit ofNotice" was a*lowle~ged before me this 1 1 day o f -pgb.4- 4.- , 200:6 by -5 _,r-5 .1--a r.Â·,c.i-, %......r - ,44~,7 :- PUBLIC NOTICE - -419 RE: LOT 4A ALPINE ACRES SUBDIVISION SUB.. WITNESS MY HAND AND OFFICIAL SEAL S rANT1AL PUD AMENDMENT OTICE IS HEREBY S". rN that a public hearing ~/ill be held on Monday, March 25, 2002, at a leeting to begin at 5:00 p.m. before the Aspen My commission expires: 4-4Â£13/2-3-23 'r ity Council, Council Chambers Meeting Room, 1~ ity Hall. 130 S. Galena St., Aspen, to consider an Application submitted by Alan Becker requesting approval of a substantial PUD amendment to al- 4- AF low lot 4A, Alpine Acres Subdivision, to be eligi- ble to apply for a 500 square foot Historic Preser- Notary Public U Aft. vation Floor Area Ratio Bonus pursuant to city land use code section 26.415.010(Â«5). The p property is described as lot 4A, Alpine Acres Sub- ( SARAA 4 division. 1 For further information, contact James Lindt at the Aspen/Pitkin Community Development De- OATES partment. 1 30 S. Gatena St., Aspen, CO (970) 920- < ~ ' 5095, jamesl@ci.aspen.co.us 41 ,/. s/Helen Kalin Klanderud, Mayor NiÂ·f.,4Â·.... ...... Aspen City Council Published in The As< in Times on March 9,2002. (8466) Â· ATTACHMENTS: -a EISS- COPY OF THE PUBLICATION PHOTOGRAPH OF THE POSTED NOTICE (SIGN) LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED B Y MAIL P105 RESOLUTION N0. 05 (SERIES OF 2002) A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING COMMISSION RECOMENDING THAT CITY COUNCIL APPROVE AN AMENDMENT TO THE ALPINE ACRES PLANNED UNIT DEVELOPMENT TO ALLOW FOR LOT 4A, ALPINE ACRES PLANNED UNIT DEVELOPMENT, TO BE ELIGIBLE FOR A 500 SQUARE FOOT HISTORIC PRESERVATION FLOOR AREA RATIO BONUS FOR AN OUTSTANDING PRESERVATION EFFORT, CITY OF ASPEN, PITKIN COUNTY, COLORADO. WHEREAS, the Community Development Department received an application from the Owner, Alan Becker, represented by Alan Richman, for an amendment to the Alpine Acres Planned Unit Development (PUD) to allow for lot 4A, Alpine Acres PUD, to be eligible for a 500 square foot historic preservation FAR bonus above and beyond the allowable FAR set forth in the Alpine Acres Planned Unit Development; and, WHEREAS, pursuant to Sections 26.445, City Council may approve a substantial amendment to an approved Planned Unit Development, during a duly noticed public hearing, after considering comments from the general public, a recommendation from the Community Development Staff, a recommendation from the Planning and Zoning Commission, and recommendations from relevant referral agencies; WHEREAS, the Community Development Department reviewed the request for an amendment to the Alpine Acres PUD to allow for lot 4A to be eligible for a 500 square foot historic preservation FAR bonuses and recommends approval of the proposed amendment; and, WHEREAS, the Aspen Planning and Zoning Commission 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 Department, the applicable referral agencies, and has taken and considered public comment at a public hearing; and, WHEREAS, the Aspen Planning and Zoning Commission finds that the development proposal meets or exceeds all applicable development standards and that the approval of the development proposal, with conditions, is consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS, the Aspen Planning and Zoning Commission finds that this Resolution furthers and is necessary for the promotion ofpublic health, safety, and welfare. WHEREAS, during a duly noticed public hearing on February 19, 2002, the Planning and Zoning Commission recommended that City Council approve, by a six to zero (6 - 0) vote, a substantial amendment to the Alpine Acres Planned Unit Development (PUD) for the purpose of allowing lot 4A to be eligible to receive 500 square foot historic preservation FAR bonuses pursuant to Land Use Code Section 26.415; and, P106 NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ASPEN PLANNING AND ZONING COMMISSION as follows: Section 1 Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the Planning and Zoning Commission recommends that City Council approve the proposed application to amend Condition A of the Alpine Acres Planned Unit Development to read as follows: A. Each dwelling unit in Alpine Acres shall be restricted to a maximum countable floor area of 2,486 square feet, plus any floor area bonus that might be awarded by the HPC to Lot 4A for an outstanding preservation effort for a historic landmark pursuant to Section 26.415 of the City of Aspen Land Use Code. Section 2: This Resolution shall not effect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue o f the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 3: If any section, subsection, sentence, clause, phrase, or portion of this Resolution 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. Approved by the Commission at its regular meeting on February 19,2002. APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION: City Attorney Jasmine Tygre, Chair ATTEST: Jackie Lothian, Deputy City Clerk 2 .4 i- @- 9 1./. :/ -uu,&,1 1 - N7- --a'. - - 2- tur: ' 0-~ 4= 53+~.t - . 1 .A . .tti 4:-,=wil..fl-- - , I t.1 f *rp i'.- y.â‚¬ I - 1 . P.J. I ...I 1 " 7 : Met 407-1, 77/ 1 1 /1 0- 24," /1 ' , 76 , fi - 1 61-1 e , 6 9 "77-% I. 4 1 .1 I .1.- I ... . . =- -4- / - L. .% ' t4 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OFPROPERTY: 940 MATE AL-255 1/el VE- , Aspen,co SCHEDULED PUBLIC HEARING DATE: 71~Se.0,4127/ /4 , 200_gr STATE OF COLORADO ) ) SS. County of Pitkin ) L A U N BFULER (name, please print) being or representing an Applicant to the City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) o f the Aspen Land Use Code in the following manner: 4 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. 4 Posting of notice: By posting of notice, which form was obtained from4* Community Development Department, which was made of suitable, . 14, ' waterproof materials, which was not less than twenty-two (22) inches wjle " and twenty-six (26) inches high, and which was composed o f letters not ~'.., ' ' '~~00 ~~' less than one inch in height. Said notice was posted at least ten ( 10) days '-Â·Â·Â·....Â·Â· ..-% prior to the public hearing and was continuously visible from theg"+day of ' 40 f-*Bed,kf1 , 200 2- , to and including the date and time of the public hearing. A photograph of the posted notice (sign) is attached hereto. ~ Mailing of notice. By the mailing of a notice obtained from the Community Development Department, which contains the information described in Section 26.304.060(E)(2) of the Aspen Land Use Code. At least ten (10) 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, and, 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 any federal agency, state, county, municipal government, school, service district or other governmental or quasi-governmental agency that owns 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 governmentcit agencies so noticed is attached hereto.,flA /6-ah Fkg, g,,2-002=- (continued on next page) 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 o f 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 has been available for public inspection in the planning agency during all business hours for fifteen (15) days prior to the public hearing on such amendments. :C- 7 : 1- - <1/ , S ignature A Z /1--/V /zE'c-k-2272_ Thelyreljoing 'Affidavit of Notice" was acknowledge,ibefore gle this Play of 7.â‚¬,OFZÂ·001/9 , 2002, by (221/n <tleâ‚¬k g 6.6 44< WITNESS MY HAND AND OFFICIAL SEAL i i My commission expires: 92* 213 42(17* 11'*2..teff (~aryl _ O' C G, 0 / Notary Public V ATTACHMENTS: COPY OF THE PUBLICATION PHOTOGRAPH OF THE POSTED NOTICE (SIGN) LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED B Y MAIL AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: 6 -O 81A f 5 . Al Bru, e Ae r~en,~ 1 f.1 SCHEDULED PUBLIC HEARING DATE: 4 4 '/ 9 , 200_2_ STATE OF COLORADO ) ) SS. County of Pitkin ) I, 39 14< SS LA14 -C (name, please Print) being or representing an Applicant to the City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) of the Aspen Land Use Code in the following manner: -'~0 Publication oj notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen at least fifteen (15) days prior to the public hearing. A copy of the publication is attached hereto. Posting ofnotice: By posting o f notice, which form was obtained from the Community Development Department, which was made o f 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 ten (10) days prior to the public hearing and was continuously visible from the day of , 200 , to and including the date and time of the public hearing. > photograph of the posted notice (sign) is attached hereto. Mailing of notice. By the mailing of a notice obtained from the Cilmmunity Development Department, which contains the information described in Section 26.304.060(E)(2) of the Aspen Land Use Code. At least ten (10) dhys 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, and, 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 any federal agency, state, county, municipal government, school, service district or other governmental or quasi-governmental agency that owns property within three hundred (300) feet of the property subject to the development application. The names and addresses of property owners shall be those on the current tax records of Pitkin County as they appeared no more than sixty (60) days prior to the date of the public hearing. A copy of the owners and governmental agencies so noticed is attached hereto. (continued on next page) 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 o f 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 has been available for public inspection in the planning agency during all business hours for fifteen (15) days prior to the public hearing on such amendments. 1 (5714.AN-_,Â»U( i #finature 4 The foregoing 'Affidavit ofNotice" was acknowledged before me this -D day of 1166qi&49 , 200.2, by --c-=5, 1.<1136 WITNESS MY HAND AND OFFICIAL SEAL My comm~sion expires:9/237-lcj.Zdz> Asssah Notary Public j5-RAY pol~ U o. fÂ·- ....' M *f ~ { SARAH 8 $ i OATES , ATTACHMENTS: OPS:2*#Pr f COPY OF THE PUBLICATION PHOTOGRAPH OF THE POSTED NOTICE (SIGN) LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED BY MAIL 50.5:ES@XE.Em :4,% 15:CN 1 -g N & 3 & 2Â£ 42 RE E 1Â§1:~AN:25*% mER ;EN 1 vEÂ£24=i.63% 8 Et %2:21%%*:114%%,H . 3 g 0 & 3 E + " 4 4 & ..0 //2"2=212:.28 21 5-8 4 -- 1 ,%42%21%:fitia.-1 231& 11 1 mâ‚¬ 61 4=,0 32â‚¬/2 2* 9 : '0*te.02-* 0.148% F 3. %Ed f -2 fe-jii-2-~ 9:t:-%* I L. W.*z*EE,52 ~me,EMN-EU.*AUD â‚¬SÂ» S SUBDIVISION 0 111.03 'U 12-10; PUBLIC MOT LANUDSA 041 U,6 Pars,Iqnd .~ PUBLIC NOTICE RE: LOTS 4A AND 5 ALPINE ACRES SUBDIVISION SUBSTANTIAL PUD AMENDMENT NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, February 19,2002, at a meeting to begin at 4:30 p.m. before the Aspen Planning and Zoning Commission, Sister Cities Meeting Room, City Hall, 130 S. Galena St., Aspen, to consider an application submitted by Alan Becker requesting approval of a substantial PUD amendment to allow lot, 4A ~ Alpine Acres Subdivision, to be eligible for a 500 square foot Historic Preservation Floor Area Ratio Bonus pursuant to city land use code section 26.415.010(c)(5). The property is described as lot, 4A ~ Alpine Acres Subdivision. For further information, contact James Lindt at the Aspen/Pitkin Community Development Department, 130 S. Galena St., Aspen, CO (970) 920-5095, jamesl@ci.aspen. co. us s/Jasmine Tygre, Chair Aspen Planning and Zoning Commission Published in the Aspen Times on February 2,2002. City of Aspen Account Altl'I-!ULETA KEITH ARCHULETA KEnll ASPEN BASE OPERATION INC 132 ' - ' PLE LN PO BOX 2755 69 E AIRPORT RD A.' 'O 81611 ASPEN CO 81612 ASPEN CO 81611 BECKER ALAN K BENTLEY CARL 1 BOYI.Ii .1()1 IN R PO BOX 119 427 PARK CIR 121 MAPLE LN WOODY CREEK CO 81656 ASPEN CO 81611 ASPEN CO 81611 BREBNER MCHARD BRIC,117 (,ALEN HItOOKS VICKI 124 MAPLE [,N PO BOX 1848 328 COWPER ST#A ASPEN CO 81611 ASPEN CO 81612 PALO ALTO CA 943()1-1501 CAIN JOHN .1 TRUST BUREK DEBORAH .1 CARSON BARBARA C/O JOI IN .1 CAIN PO BOX 812 PO BOX 10298 620 FOUNTAIN AVE ASPEN CO 81612 ASPEN CO 81612 REDLANDS CA 92373 CHRISTOPHER MICHAEL COLORADO MOUNTAIN NEWS MEDIA COSTE.1.LO STEPHANIE ANN 13() MAPLE LN 500 DOUBLE EAGLE CT 328 OAK LN ASPEN CO 81611 WASHOE NV 89511 ASPEN CO HIM1 Cl GHAM CAITLYN E CUNNINGIIAM JAMES MURRAY CURTIS DEBRA 425 PARK CIR #Al PO BOX 9333 142 MAPLE LN ASPEN CO 81611 ASPEN CO 81612 ASPEN CO 81611 DAVIS D STONIE AND [)'AMI A T DAY ISABEL T & ESTER T RUSSELL LYNN C PO BOX 2 178 120 TURTLE COVE PO BOX 8904 ASPEN CO 81612 ASPEN CO 81611-9610 ASPEN CO 81612 . 1)lJNAWAY WILLIAM R DODARO CHRISTINE M & PETER W INSENBERG NORTON AND JANET FARR TENA D 1509 WOODLEA DR SW 4()7 PARK AVE#A PO BOX li Mil.SBURG VA 20175 ASPEN CO 8!6I1 ASPEN CO 81612 EPLER ANDI E FEINSTEIN.IEROME D FAMILY TRUST FISHER CONSTANCE A PO BOX 785 120 SPRING 1%1.1-2 TRAIL 33() ANAYA RANCI I RD ASPEN CO 81612 Al.TAMONTE SPRINGS FL 32714 (IALISTED NM 87540 EBORAH FONTANA WILLIAM FUNK WILLIAM E 616 E HYMAN PO BOX 3313 123 MAPLE LN ASPEN CO 81611 ASPEN CO 81612 ASPEN CO 81611 GALLUCCIO VINCENT GIPE DONALD D (iOODMAN RAYMI COATES P OX 8065 PO BOX 2032 1,0 BOX 9671 CO 81612 ASPEN CO 81612 ASPEN CO 81612 GRAIIAM. 13111 1 IATANAKA I K)WAR[) 11 Ill:SSELSCI IWERI)'r MARK P B()X 1455 980 KING ST PO BOX 2522 ASPEN. CO 81612 ASPEN CO 81611 ASPEN CO 81612 JANI: TAYLOR .1()1 IN CYNTI IIA KI.MIN & KISCHEL KAY 1-11(;HT Nlill. l'& SHWELL KA 1111[<YN 1.INDASIIANEK FLOC K I IART .11 YAN N E & .1( )1 IN SON 520 E COOPER AVE 231 CO'n'ON WOOD LN 1.1.IZABETI I A ASPEN CO 81611 ASPEN CO 81611 1,(-) BOX 1413 A>;PEN CO 81612 KI.1.SC). DOUGLAS P. KERR RICIIARD KERR. RICHARI) 134 MAPLELANE 138 MAPLE I.N 138 MAPLE LN ASPEN, CO 81612 ASPEN CO 81611 ASPEN, CO 81611 KI [Al,AIDA LA L & RALIN-1 KINKELAAR EILEEN M KIRKWOOD JUNE R 1()50 MAICII[,EMS DR 85 Ml:Al)()WOOI)#111 .118 OAK 1.N ASPEN CO 81611 CARBONDALE CO 81623-9214 ASPEN CO 81611 .._Â·,BEL KATHLEEN KROMELOW BASIL M & LAUREANNE L LANG DONALD W PO BOX 910 55 W DELAWARE PL PO BOX 4166 ASPEN CO 81612 CHICAGO It. 60610 ASPEN CO 81612 LOEWENSTERN CAROL REVOCABLE I.I:WINI.ORA .Ill<)1:Ill:I: [.INI)1(NAt j Bl:YIN)N R & SCOTT A 1'[tiJS'I 935 GIBSON AVE 320 OAK EN 910 GIBSONAVE ASPEN CC) 81611 ASPEN CO 81611 ASPEN CO 81611 MAGILL REBECCA N 60% INT UJU TONG KLION MAPLE CIIARLES A & BRYCE M MILLER THOMAS F 40% INT - .IT TENANTS 435 E MAIN ST 927 GIBSON AVEâ‚¬ 227 COTTONWOOD LN ASPEN CO 81611 ASPEN CO 81611 ASPEN CO 8I6I 1 Ma'LIJRL WILLIAM & ItoXANNIÂ·. MCCROSKEY PAMELA MIÂ·.I)INIS BEYRON 323 ()AK l,N 2260 S COOK 320 OAK LN ASPEN CO 8161 1 DENVER CO 80210 ASPEN CO 81611 'ALI: F MEAL) MICKEY JAMES & MARLENE MILLER LEE L PO BOX 32 931 GIBSON AVE 11575 FOLSOM POINT ASPEN CO 81612 ASPEN CO 81611 1Â·RANKTOWN CO 80116 MILLER THOMAS F 40% MORK I IALBERT L FAMILY TRUST NARAT BEN.lAi'ORN 217 COTTONWOOD LN 77 ASPEN WAY FLAT 9 22 RED L.ION ST N (70 81611 ROLLING HILLS CA 90274 LONDON Wel RiPS UK N Il'.11(-)1.S CIARY T & 1.13('INI)A C & NIN PAR'INERS 1.1.(' PADDEN KI.VIN.1 & NINA K KENNETH E 570 S RIVERSIDE AVE 224 COTTONWOOD LN PO BOX 8116 ASPEN CO 81611 ASPEN CO 81611 ASPEN CO 81612 PATTERSON. KAREN REED AND PATTERSON KAREN & Cl IAR[.ES PALJLIDES BROOKE A PATTERSON, CHARLES 129 MAPLE LN PO BOX 11023 129 MAPLE LANE ASPEN CO 81611 ASPEN CO 81612 ASPEN. CO 8 1611 PETERSON ANNE BYARD PAULIDES HERBERT B & CAROLYN F PERKINS WENDY ANNE PETERSON RICHARDS BYARD C/O 16() CONCORD RD PO BOX 9825 35 LOCUST LONGMEADOW MA 01106 ASPEN CO 81612 MILL VALLEY CA 94941 REYNC )1.1 )>; 1-11()MAN N 1'1.'11.KNON %111141.1.Yll LIVING TRUNT 1<Il'KIÂ·.NI]Al JGII ANNE 1:1%111:R M<)14(:AN 1909 It RIVER PKWAY PO BOX 2342 228 COTTONW<)01) 1.N MINNISAPOLIS MN 55414 ASPEN CO 81612 ASPEN CO 81611 GIERI LISA ANN RYAN MARTHA SABATASSO MARY L FAMILY TRUST 136 MAPLE LN 127 MAPLE LN 64 OCEAN VIS ASPEN CO 81611 ASPEN CO 81611 NEWPORT BEACH CA 92660-6224 SALTONSTALI. ANDREW C SCI ILUNDT SUSAN SINGER DAVID .1 B PO BOX 9802 412 FREE SILVER 0 1 409 PARK CIR #4 ASPEN CO 81612 ASPEN CO 81611 ASPEN CO 81611-2478 XMALLS RAY SMISEK LINDA L E SMITH KATHLEEN M PO BOX 3197 429 PARK CIR C-3 I()23 WILLITS LN ASPEN CO 81612 ASPEN CO 81611 BASALT CO 8162 1 SMUGGLER MOBILE HOMEOWNER'S SMUGGLER RACQUET CLUB SNOW ORCHID LLC ASSOCIATION C/O SUE COOK 1125 SAN MATEO DR 136 MAPLE LN PO BOX 8788 MENLO PARK CA 94025 ASPEN CO 81611 ASPEN CO 81612 1 Al<131Â·:1 1()%1.Pll R IAYLOR JANE 'K KIM.11.NNIFER l'ARBEr BARBARA P 1 IANEK LINDA S ,..) BOX 9912 98() GIBSON AVE 231 COTTONWOOD LN ASPEN CO 81612 A>;PEN CO 81611 ASPEN CO 81611 TEUSCHER JONATHAN W TOLAND RAY VANHOY DONNA & JERRY 126 MAPLE LN PO BOX 10478 323 OAK LN EN CO 81611 ASPEN (O 81612 ASPEN CO 81611 WALDRON K BRENT VON RENKL KALLEN WARMING SOLVEIG COATES REID & WALDRON C/() 221 COTTONWOO[) EN PO BOX 5177 720 E I IYMAN AVE ASPEN CO 81611 ASPEN CO 81612 ASPEN CO 81611 WIRTH JANET B /11(BEL NANCY P O BOX 9525 PO BOX 8998 ASPEN CO 81612-9525 ASPEN CO 81612 Exhibit 'IC,1 1.-- - 4~BNE AC 1 ITY MAP [33 Parcel.shp wir..~:~.-,t-, fmm-vÂ· Â·--.4*if ift-:4?jâ‚¬m;/1/Road Network qtkicÂ·93>Ii.>~.-i@ff ti-i* TE F--1 City of Aspen ir=. -;i:II :.i-~i:i41',4"-,I" ~31,~t'.Â·i @8hl~ Rivers & Ponds Smuggler Mobile Home Park AL'.:;'y.,~ Â· ~.Â·Â·.'~ ; ~, Â·7[Â·eÂ·4;, 49~Â·4' '~~Â·Â·~~ Â·;1 'Â·:(Â·2~:f Â¢~ 'Â· -Â· ~ i.- Â·> 46- â„¢E0..ifff#ditÂ·74.Â·.1-2~~ Â·~...-:5:*:.f:4. ~ Structures ~ . -'.2*:* ' -2(.Â·Â·.5-5.:9Â·.>.,=rw...Â·'Â·Â·~(..~ LLE Parks & Open Space 4 042 -Â·-Â· i Â· 2 t'.:~i@4,9}Â·~6F-1...5!1 :t jeel..:13..Cy 1- 4 :0'2Â·:"r-"i-Â·2 1 ,-- 383#gt.f:.Â·.:rk'L f * '.-.%*3*, 42.:*Â·itti:Â·#Â·. ..,4~.at:(fiti'iÂ¢1?2*3*~i EL Parcels *Â·2. =2' A-;1-9 i;f':'fÂ· -fÂ·~ ..1 ,~:*frf 825,~...&6',1,4,,=143 i '. ,:~,:. Text One Hundred Scale Road Name VSmuggler Raquet Club 243Â·:itÂ·233Â·90?43*@552* 1 1- . 1.1.%. 1.. 1! :....1 ..1 3.:-f~.:fly......"A,~ize'lf'. ftn;4~:kARIEk>.?t; i. .i:'~ .,0,#grup{Â·1'*:; 7..>.fi UDÂ·':iÂ·Â·1' Â·7?)i,~i'~y; "; i 17'~t,:4'Lt..1 ' :-tÂ·(NiÂ·Eâ‚¬**Â· :f,1-996-titti:':,".::~ i.ift+1<., , ;24*49 1,~.:,*~ '2*'irzr.EAE~~f i . Lot 4A Alpine Acres ~ :-.3,(434*yÂ·?,jAB,~04~1,-,Â·Â·jit#.viaw.,4 -'--' >5~32Â«42,1.i*%91%:N '2*46.-flf**Â¥14-7 944 * 4/ Â«j W-~ E . -b s /.PX Â£ A- C P107 MEMORANDUM Vt\ 1 TO: Mayor Klanderud and City Council THRU: Julie Ann Woods, Community Development Director Joyce Ohlson, Deputy Director +0 FROM: James Lindt, Planner ~-~ RE: Alpine Acres Substantial PUD Amendment - 1St Reading of Ordinance # ~ , Series of 2002 DATE: February 25,2002 APPLICANT /OWNER: Alan Becker, Owner of Lot 4A, Alpine Acres Subdivision/PUD; 950 Matchless Drive REPRESENTATIVE: Alan Richman, Richman Planning Services LOCATION: Lots 4A, Alpine Acres Subdivision/PUD CURRENT ZONING: R-6 PUD PROPOSED LAND USE REQUEST: Amendment to the Alpine Acres Planned Unit Development SUMMARY: The applicant requests an amendment to the Alpine Acres Planned Unit Development (PUD) for the purpose of allowing Lot 4A of the Alpine Acres PUD to be eligible to be granted a 500 square foot FAR bonus from the Historic Preservation Commission if it is found that a proposed project on this lot is "an outstanding preservation effort". The Alpine Acres PUD limits Lots 4A, 4B, and 5 of the Aspen Alps Subdivision to 2,486 square feet of countable floor area per dwelling unit, which does not currently allow for the LIPC to grant the property a Historic Preservation FAR Bonus. REVIEW PROCEDURE A substantial amendment to an approved Planned Unit Development may be approved, approved with conditions, or denied by City Council at a public hearing after considering recommendations from the Community Development Director and the Planning and Zoning Commission pursuant to Section 26.445.100(B). STAFF COMMENTS: The applicant, Alan Becker, represented by Alan Richman, requests an amendment to the Alpine Acres Planned Unit Development (PUD) for the purpose of allowing lot 4A to be eligible to be granted a 500 square foot FAR bonus from the Historic Preservation Commission if it is found that a proposed historic renovation/addition project on this lot is "an outstanding preservation effort". The Alpine Acres PUD was approved in 1987 and restricted each dwelling unit in Alpine Acres to 2,486 square feet of countable floor area because of the narrow width of the lots. Lot 4A contains a historic landmarked single- family residence and an accessory dwelling unit. The lots regulated by the PUD are allowed to receive all of the exemptions that are normally granted under the current land use code. However, because the PUD limits the countable floor area ratio, currently the subject parcels are not eligible to receive a 500 square foot FAR bonus for an "outstanding preservation effort" that may be granted to other historic landmark designated properties pursuant to City Land Use Code Section 26.415, Development Involving the Inventory of Historic Sites and Structures or Which Occurs In An "H," Historic Overlay District. Lots 4A, 4B, and 5 of the Alpine Acres Subdivision are the only properties that are within the Alpine Acres PUD and all of the owners of these lots have consented to allow the applicant apply for the PUD Amendment for his lot. STAFF ANALYSIS: If Lot 4A were to be allowed to receive an HPC preservation bonus of 500 square feet, then it would be allotted an allowable FAR of 2,986 square feet. At the time that the PUD was established, Lot 4A would have been allowed 3,795 square feet of FAR under the underlying R-6 (Medium-Density Residential) zoning regulations. Under the current R-6 (Medium- Density Residential) zoning regulations, Lot 4A would be allowed approximately 3,500 square feet of FAR. Thus, the allowable FAR on Lot 4A with the proposed 500 square foot bonus is currently about 15% less than if it did not have the PUD floor area restriction. Staff believes that even with the addition of a 500 square foot Historic Preservation FAR bonus, that lot 4A will still be proportionate in size and massing to the surrounding properties that are also zoned R-6 (Medium-Density Residential) or R-6 PUD. Also, the Historic Preservation Commission has reviewed the compatibility of the proposed addition to the Historic Structure on lot 4A and has determined that the site specific proposal qualifies for the 500 square foot FAR bonus for an "outstanding preservation project". The Historic Preservation Commission found that the massing and scale of the site specific proposal was also compatible for the lot. The applicant is proposing to amend Condition A of the Alpine Acres PUD (attached as Exhibit "CD as follows: A. Each dwelling unit in Alpine Acres shall be restricted to a maximum countable floor area of 2,486 square feet, plus any floor area bonus that might be awarded by the LIPC to Lot 4A for an outstanding preservation effort for a historic landmark pursuant to Section 26.415 of the City of Aspen Land Use Code. Staff feels that only allowing for lot 4A to be eligible for an historic preservation bonus would be compatible with the dimensional requirements on the surrounding parcels and recommends amending Condition A of the Alpine Acres PUD as follows: Staff feels that the aforementioned language is consistent with Aspen Area Community Plan Action Plan Priority number 31 that requires "staff to investigate ways to encourage the restoration and improvement of existing buildings", in that the amendment will allow 2 the subj ect lot to take advantage of a preservation incentive that was not available at the time the PUD was enacted. However, staff also feels that by limiting the eligibility of the bonus to Lot 4A that the compatibility of the massing and size of structures will be maintained within the Alpine Acres PUD. Staff recommends approval of the proposed amendment to the Alpine Acres Planned Unit Development (PUD) for the purpose of allowing for Lot 4A, Alpine Acres PUD, to be eligible for an HPC bonus pursuant to Land Use Code Section 26.415. RECOMMENDATION: Staff recommends that City Council approve the proposed ordinance approving a substantial amendment to the Alpine Acres Planned Unit Development (PUD) for the purpose of allowing each dwelling unit in Alpine Acres to be restricted to a maximum countable floor area of 2,486 square feet, plus any floor area bonus that might be awarded by the HPC to Lot 4A for an outstanding preservation effort for a historic landmark pursuant to Section 26.415 of the City of Aspen Land Use Code. PLANNING AND ZONING COMMISSION RECOMMENDATION: The Planning and Zoning Commission unanimously recommends that City Council approve the proposed substantial amendment to the Alpine Acres Planned Unit Development (PUD) for the purpose of allowing each dwelling unit in Alpine Acres to be restricted to a maximum countable floor area of 2,486 square feet, plus any floor area bonus that might be awarded by the HPC to Lot 4A for an outstanding preservation effort for a historic landmark pursuant to Section 26.415 of the City of Aspen Land Use Code. RECOIMMENDED MOTION (ALL MOTIONS ARE PROPOSED IN THE AFFIRMATIVE): "I move to approve Ordinance No. 9 , Series of 2002, approving the proposed amendment to the Alpine Acres Planned Unit Development (PUD), Condition "A", for the purpose of allowing for each dwelling unit in Alpine Acres to be restricted to a maximum countable fioor area of 2,486 square feet, plus any floor area bonus that might be awarded by the HPC to Lot 4A for an outstanding preservation effort for a historic landmark pursuant to Section 26.415 of the Aspen Land Use Code." CITY MANAGER'S COMMENTS: ATTACHMENTS: Exhibit A -- Review Criteria and Staff Findings Exhibit B -- Application Exhibit C -- Ordinance No.35, Series 1987 approving Alpine Acres PUD Overlay Exhibit D -- Planning and Zoning Commission Resolution Exhibit E -- Vicinity Map 3 EXHIBIT A ALPINE AcRES PUD AMENDMENT REVIEW CRITERIA & STAFF FINDINGS A. General requirements. 1. The proposed development shall be consistent with the Aspen Area Community Plan. 2. The proposed development shall be consistent with the character of existing land uses in the surrounding area. 3. The proposed development shall not adversely affect the future development of the surrounding area. 4. The proposed development has either been granted GMQS allotments, is exempt from GMQS, or GMQS allotments are available to accommodate the proposed development and wit[ be considered prior to, or in combination with, final PUD development plan review. Staff Finding Staff finds that the proposed PUD Amendment is consistent with the Aspen Area Community Plan and the character of the surrounding land uses on Lot 4A in that even by allowing for the HPC FAR bonus on the subject lot, it will still be allowed a more restrictive FAR than can legally be constructed on the surrounding parcels which have an underlying zoning of R-6 (Medium-Density Residential). In order to receive an HPC FAR bonus, any proposed development to the historic structure on Lot 4A will have to meet the HPC's criteria to be deemed "an outstanding preservation effort". In achieving the bonus, HPC will review to make sure that the proposed development is compatible with the historic structure. An addition to the historic structure on Lot 4A will be exempt from the Growth Management Quota System because it involves the restoration or expansion of a single- family residence pursuant to Land Use Code Section 26.470.070(A)(5). Staff finds the criterion to be met. B. Establishment of Dimensional Requirements: The final PUD development plans shall establish the dimensional requirements for all properties within the PUD as described in General Provisions, Section 26.445.040, above. The dimensional requirements of the underlying zone district shall be used as a guide in determining the appropriate dimensions for the PUD. During review of the proposed dimensional requirements, compatibility with surrounding land uses and existing development patterns shall be emphasized. The proposed dimensional requirements shall comply with the following: 4 1. The proposed dimensional requirements for the subject property are appropriate and compatible with the following influences on the property: a) The character Of, and compatibility with, existing and expected future land uses in the surrounding area. b) Natural or man-made hazards. c) Existing natural characteristics of the property and surrounding area such as steep slopes, waterways, shade, and significant vegetation and landforms. d) Existing and proposed man-made characteristics of the property and the surrounding area such as noise, traffic, transit, pedestrian circulation, parking, and historical resources. Staff Finding Staff finds that the proposed amendment on Lot 4A is consistent and compatible with the surrounding land uses and will allow for an allowable floor area ratio that is actually less restrictive than what the current underlying zoning allows for. If Lots 4A and 4B did not have a PUD overlay, they would be allotted an allowable FAR of approximately 3,500 square feet in the underlying R-6 (Medium Density Residential) Zone District. The proposed amendment would allow the single-family residence with an ADU on lot 4A to build out to a maximum floor area ratio of only 2,986 square feet, if the Historic Preservation Commission were to grant a bonus for an outstanding preservation effort on the lot. The result of the proposed amendment is that the floor area ratio allowed on lot 4A, with the proposed bonus, is still more than 500 square feet less than is allowed in the underlying zoning for lots of this size. Staff finds this criterion to be met. 2. The proposed dimensional requirements permit a scale, massing, and quantity of open space and site coverage appropriate and favorable to the character of the proposed PUD and of the surrounding area. Staff Finding Staff believes that the proposed amendment on Lot 4A would have an inconsequential impact on the scale and massing of the historic structure because in order to gain the 500 square foot FAR bonus, the proposed project would have to be found to be outstanding preservation efforts by the Historic Preservation Commission. In reviewing the proposed site-specific project on lot 4A, the Historic Preservation Commission has determined that it is an "outstanding preservation effort", and the Commission has determined that the proposed scale and massing is appropriate for the lot. Staff finds this criterion to be met. 3. The appropriate number of off-street parking spaces shall be established based on the following considerations: 5 a) The probable number of cars used by those using the proposed development including any non-residential land uses. b) The varying time periods Of use, whenever joint use Of common parking is proposed. c) The availability of public transit and other transportation facilities, including those for pedestrian access and/or the commitment to utilize automobile disincentive techniques in the proposed development. d) The proximity of the proposed development to the commercial core and general activity centers in the city. Staff Finding Staff finds this set of criteria not to be applicable to the proposed amendment. 4. The maximum allowable density within a PUD may be reduced if there exists insufficient infrastructure capabilities. Specifically, the maximum density of a PUD may be reduced if: a) There is not st,#icient water pressure, drainage capabilities, or other utilities to service the proposed development. b) There are not adequate roads to ensurefire protection, snow removal, and road maintenance to the proposed development. Staff Finding The proposed amendment does not reduce the maximum allowable density within the PUD. Staff finds this set of criteria not to be applicable to the proposed amendment. 5. The maximum allowable density within a PUD may be reduced if there exists natural hazards or critical natural site features. Specifically, the maximum density of a PUD may be reduced if: a) The landis not suitable for theproposed development because of ground instability or the possibility of mudflow, rockfalls or avalanche dangers. b) The effects of the proposed development are detrimental to the natural watershed, due to runoff, drainage, soil erosion, and consequent water pollution. c) The proposed development will have a pernicious effect on air quality in the surrounding area and the City. d) The design and location of any proposed structure, road, driveway, or trail in the proposed development is not compatible with the terrain or causes harmful disturbance to critical natural features of the site. Staff Finding The proposed amendment does not reduce the maximum allowable density within the PUD. Staff finds this set of criteria not to be applicable to the proposed amendment. 6 6. The maximum allowable density within a PUD may be increased if there exists a significant community goal to be achieved through such increase and the development pattern is compatible with its surrounding development patterns and with the site's physical constraints. Specifically, the maximum density of a PUD may be increased if: a) The increase in density serves one or more goals of the community as expressed in the Aspen Area Community Plan (AACP) or a specific area plan to which the property is subject. b) The site's physical capabilities can accommodate additional density and there exists no negative physical characteristics of the site, as identified in subparagraphs 4 and 5, above, those areas can be avoided, or those characteristics mitigated. c) The increase in maximum density results in a development pattern compatible with, and complimentary-to, the surrounding existing and expected development pattern, land uses, and characteristics. Staff Finding There is no increase in density as part of this application. Staff finds this set of criteria not to be applicable to the proposed amendment. C. Site Design. The purpose of this standard is to ensure the PUD enhances public spaces, is complimentary to the site's natural and man-made features and the adjacent public spaces, and ensures the public's health and safety. The proposed development shall comply with the following: 1. Existing natural or man-made features of the site which are unique, provide visual interest or a specific reference to the past, or contribute to the identity of the town are preserved or enhanced in an appropriate manner. 2. Structures have been clustered to appropriately preserve significant open spaces and vistas. 3. Structures are appropriately oriented to public streets, contribute to the urban or rural context where appropriate, and provide visual interest and engagement of vehicular and pedestrian movement. 4. Buildings and access ways are appropriately arranged to allow emergency and service vehicle access. 5. Adequate pedestrian and handicapped access is provided. 7 6. Site drainage is accommodated for the proposed development in a practical and reasonable manner and shaH not negatively impact surrounding properties. 7. For non-residential land uses, spaces between buildings are appropriately designed to accommodate any programmatic functions associated with the use. Staff Finding Staff finds that the proposed amendment will not affect the site's access and that any significant man-made features will be preserved through the Historic Preservation Commission's review of a proposed development on Lot 4A. Staff finds this criterion to be met. D. Landscape Plan. The purpose of this standard is to ensure compatibility ofthe proposed landscape with the visual character of the city, with surrounding parcels, and with existing and proposed features of the subject property. The proposed development shall comply with the following: 1. The landscape plan exhibits a well-designated treatment of exterior spaces, preserves existing signijicant vegetation, and provides an ample quantity and variety of ornamental plant species suitable for the Aspen area climate. 2. Significant existing natural and man-made site features, which provide uniqueness and interest in the landscape, are preserved or enhanced in an appropriate manner. 3. The proposed method of protecting existing vegetation and other landscape features is appropriate. Staff Finding Staff finds this set of criteria not to be applicable to the proposed amendment. E. Architectural Character. It is the purpose of this standard is to encourage architectural interest, variety, character, and visual identity in the proposed development and within the City while promoting e#icient use of resources. Architectural character is based upon the suitability of a buildingfor its purposes, tegibility of the building's use, the building's proposed massing, proportion, scale, orientation to public spaces and other buildings, use of materials, and other attributes, which may signijicantly represent the character of the proposed development. There shall be approved as part of the final development plan an architectural character plan, which adequately depicts the character of the proposed development. The proposed architecture of the development shall: 8 1. Be compatible with or enhance the visual character of the city, appropriately relate to existing and proposed architecture of the property, represent a character suitable for, and indicative Of, the intended use, and respect the scale and massing of nearby historical and cultural resources. 2. Incorporate, to the extent practical, natural heating and cooling by taking advantage of the property's solar access, shade, and vegetation and by use of non- or less-intensive mechanical systems. 3. Accommodate the storage and shedding of snow, ice, and water in a safe and appropriate manner that does not require significant maintenance. Staff Finding In order to gain the 500 square foot FAR bonus that would be allotted by the proposed amendment, any site-specific development plan was reviewed by the Historic Preservation Commission. In reviewing a site-specific development proposal for Lot 4A, the HPC found the scale and massing to be appropriate for the site. Staff finds this criterion to be met. F. Lighting. The purpose of this standard is to ensure the exterior of the development will be lighted in an appropriate manner considering both public safety and general aesthetic concerns. The following standards shaN be accomplished: 1. All lighting is proposed so as to prevent direct glare or hazardous interference of any kind to adjoining streets or lands. Lighting of site features, structures, and access ways is proposed in an appropriate manner. 2. Ati exterior lighting shall be in compliance with the Outdoor Lighting Standards unless otherwise approved and noted in the final PUD documents. Up lighting ofsite features, buildings, landscape elements, and lighting to call inordinate attention to the property is prohibited for residential development. Staff Finding The applicant must meet the outdoor lighting requirements set forth in the City of Aspen Lighting Ordinance. Staff finds that this criterion is required to be met by all development within the City of Aspen. G. Common Park, Open Space, or Recreation Area. If the proposed development includes a common park, open space, or recreation area for the mutual benefit of all development in the proposed PUD, the following criteria shall be met: 1. The proposed amount, location, and design ofthe common park, open space, or recreation area enhances the character of the proposed 9 development, considering existing and proposed structures and natural landscape features of the property, provides visual relief to the property's builtform, and is available to the mutual benefit of the various land uses and property users of the PUD. 2. A proportionate, undivided interest in all common park and recreation areas is deeded in perpetuity (notfor a number of years) to each lot or dwelling unit owner within the PUD or ownership is proposed in a similar manner. 3. There is proposed an adequate assurance through a legal instrumentfor the permanent care and maintenance Of open spaces, recreation areas, and shared facilities together with a deed restriction againstfuture residential, commercial, or industrial development. Staff Finding The proposed amendment does not affect the amount of required open space within the PUD. Staff finds this set of criteria not to be applicable to the proposed amendment. H. Utilities and Public facilities. The purpose of this standard is to ensure the development does not impose an undue burden on the City's infrastructure capabilities and that the public does not incur an unjustified jinancial burden. The proposed utilities and public facilities associated with the development shal! comply with the following: 1. Adequate public infrastructure facilities exist to accommodate the development. 2. Adverse impacts on public infrastructure by the development will be mitigated by the necessary improvements at the sole cost of the developer. 3. Oversized utilities, public facilities, or site improvements are provided appropriately and where the developer is reimbursed proportionately for the additional improvement. Staff Finding The public infrastructure is already in place. The lot subject to the proposed amendment contains an existing structure with existing services. Allowing this lot to be eligible to obtain a 500 square foot FAR bonus upon review by the Historic Preservation Commission will not put an undue burden on the on the City's infrastructure capabilities. Staff finds this criterion to be met. I. Access and Circulation. (Only standards 1&2 apply to Minor PUD applications) The purpose of this standard is to ensure the development is easily accessible, does not unduly burden the surrounding road network, provides adequate pedestrian and recreational trail Jacilities and minimizes the use of security 10 gates. The proposed access and circulation of the development shall meet the following criteria: 1. Each lot, structure, or other land use within the PUD has adequate access to a public street either directly or through an approved private road, a pedestrian way, or other area dedicated to public or private use. 2. The proposed development, vehicular access points, and parking arrangement do not create tra#ic congestion on the roads surrounding the proposed development, or such surrounding roads are proposed to be improved to accommodate the development. 3. Areas of historic pedestrian or recreational trail use, improvements of, or connections to, the bicycle and pedestrian trail system, and adequate access to significant public lands and the rivers are provided through dedicated public trail easements and are proposed for appropriate improvements and maintenance. 4. The recommendations of the Aspen Area Community Plan and adopted specific plans regarding recreational trails, pedestrian and bicycle paths, and transportation are proposed to be implemented in an appropriate manner. 5. Streets in the PUD which are proposed or recommended to be retained under private ownership provide appropriate dedication to public use to ensure appropriate public and emergency access. 6. Security gates, guard posts, or other entryway expressions for the PUD, or for lots within the PUD, are minimized to the extent practical. Staff Finding The proposed amendment does not affect access to the PUD. Staff finds this set of criteria not to be applicable to the proposed amendment. J. Phasing of Development Plan. ((toes not apply to Conceptual PUD applications) The purpose of this criteria is to ensure partially completed projects do not create an unnecessary burden on the public or surrounding property owners and impacts ofan individualphase are mitigated adequately. Ifphasing ofthe development plan is proposed, each phase shall be defined in the adopted final PUD development plan. The phasing plan shall comply with the following: 1. All phases, including the initial phase, shal 1 be designed to function as a complete development and shall not be reliant on subsequent phases. 2. The phasing plan describes physical areas insulating, to the extent practical, occupants of initial phases from the construction of later phases. 11 3. The proposed phasing plan ensures the necessary or proportionate improvements to public facilities, payment of impact fees and fees-in- lieu, construction ofanyfacilities to be used jointly by residents ofthe PUD, construction of any required affordable housing, and any mitigation measures are realized concurrent or prior to the respective impacts associated with the phase. Staff Finding There is no phasing proposed for the redevelopment of Lot 4A. Staff finds this criterion not to be applicable to the proposed amendment. 12 ORDINANCE NO. ~' (SERIES OF 2002) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, AMENDING THE ALPINE ACRES PUD TO ALLOW FOR LOT 4A, ALPINE ACRES SUBDIVISION TO BE ELIGIBLE FOR A 500 SQUARE FOOT HISTORIC PRESERVATION FLOOR AREA RATIO BONUS FOR A OUTSTANDING PRESERVATION EFFORT, CITY OF ASPEN, PITKIN COUNTY, COLORADO. WHEREAS, the Community Development Department received an application from the Alan Becker, represented by Alan Richman, for an amendment to the Alpine Acres Planned Unit Development (PUD) to allow for lot 4A to be eligible for a 500 square foot historic preservation FAR bonus above and beyond the allowable FAR set out forth in the Alpine Acres Planned Unit Development; and, WHEREAS, pursuant to Sections 26.445.100 (B), that City Council, in accordance with the procedures, standards, and limitations of this Chapter, shall by ordinance approve, approve with conditions, or deny a Substantial PUD Amendment, after considering a recommendation by the Community Development Director and the Planning and Zoning Commission pursuant to Section 26.430.020; and, WHEREAS, the Community Development Department reviewed the proposed application to amend the Alpine Acres PUD to allow for lots 4A, Alpine Acres Subdivision to be eligible for a 500 square foot Historic Preservation floor area ratio bonus for an outstanding preservation effort and recommended approval; and, WHEREAS, the Planning and Zoning Commission conducted a public hearing to consider the proposed PUD Amendment, took and considered public testimony and the recommendation of the Community Development Director and recommended by a six to zero (6-0) vote, that City Council approve the proposed PUD Amendment; and, WHEREAS, the Planning and Zoning Commission found that the proposal meets or exceeds all applicable standards and that the approval of the proposed PUD Amendment, is consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS, City Council reviewed and considered the recommendations of the Community Development Director, the Planning and Zoning Commission, and members of the public during a duly noticed public hearing; and, WHEREAS, the City Council finds that the proposed PUD Amendment meets or exceeds all applicable standards and that the approval of the Code Amendments. are consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS, the City Council finds that this Ordinance furthers and is necessary for the promotion of public health, safety, and welfare. Ordinance No. , Series of 2002 Page 1 of 3 NOW, THEREFORE, BE IT ORDERED BY THE CITY COUNCIL OF THE CITY OF ASPEN: Section 1 Pursuant to the procedures and standards set forth in Title 26 ofthe Aspen Municipal Code, Condition A of the Alpine Acres PUD is hereby amended to read as follows: A. Each dwelling unit in Alpine Acres shall be restricted to a maximum countable floor area of 2,486 square feet, plus any floor area bonus that might be awarded by the LIPC to Lot 4A or Lot 5 for an outstanding preservation effort for a historic landmark pursuant to Section 26.420.020 of the City of Aspen Land Use Code. Section 2: This Ordinance shall not effect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 3: 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 4: A public hearing on the Ordinance shall be held on the 25th day of March, 2002, at 5:00 p.m. in the City Council Chambers, Aspen City Hall, Aspen, Colorado, fifteen (15) 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 at on this 25th day of April, 2002. ATTEST: Kathryn S. Koch, City Clerk Helen Kalin Klanderud, Mayor Ordinance No. , Series of 2002 Page 2 of 3 FINALLY, adopted, passed by a to CO vote and approved this 25th day of March, 2002. ATTEST: Kathryn S. Koch, City Clerk Helen Kalin Klanderud, Mayor Approved as to form: John Worcester, City Attorney Ordinance No. , Series of 2002 Page 3 of 3 At.* 24.-,0,a* Se'waga --- E. 3613 Aa#tet. 6.twtaol. 91612 1)4.td'?at (970) 920-1125 February 7, 2002 Mr. James Lindt, Planner City of Aspen Community Development Department 130 South Galena Street Aspen, Colorado 81611 RE: ALPINE ACRES PUD AMENDMENT Dear James, This letter is in response to the recent conversation we have had regarding the application to amend the PUD for Lots 4A and 5 off the Alpine Acres Subdivision. Based on the concerns raised by the staff, I am hereby withdrawing Lot 5 from this application. This means that the proposal will only apply to Lot 4A, which is the property owned by the applicant Mr. Alan Becker. Please feel free to contact me if any other issues arise with respect to this project. Very truly yours, ALAN RICHMAN PLANNING SERVICES Alan Richman, AICP Exhibit 111= 11 L &UNNE AC S I ITY MAP ~ 1 Parcel.shp ~ /~v/ Road Network 1 1~1 City of Aspen 1 ["-1 Rivers & Ponds -4/1 Smuggler Mobile Home Park ~ / ~ Structures Â« Parcels ~I F--3 Parks & Open Space Text One Hundred Scale Road Name ~Smuggler Raquet Club Lot 4A Alpine Acres I 4. 1 W~E . S 28, MEMORANDUM TO: Aspen Planning and Zoning Commission THRU: Julie Ann Woods, Community Development Director Joyce 0hlson, Deputy Director J*O FROM: James Lindt, Planner CJ--~ RE: Alpine Acres Substantial PUD Amendment - Public Hearing DATE: February 19, 2002 APPLICANT /OWNER: Alan Becker, Owner of Lot 4A, Alpine Acres Subdivision/PUD; 950 Matchless Drive REPRESENTATIVE: Alan Richman, Richman Planning Services LOCATION: Lots 4A, Alpine Acres Subdivision/PUD CURRENT ZONING: R-6 PUD PROPOSED LAND USE REQUEST: Amendment to the Alpine Acres Planned Unit Development SUMMARY: The applicant requests an amendment to the Alpine Acres Planned Unit Development (PUD) for the purpose of allowing Lot 4A of the Alpine Acres PUD to be eligible to be granted a 500 square foot FAR bonus from the Historic Preservation Commission if it is found that a proposed project on this lot is "an outstanding preservation effort". The Alpine Acres PUD limits Lots 4A, 4B, and 5 of the Aspen Alps Subdivision to 2,486 square feet of countable floor area per dwelling unit, which does not currently allow for the HPC to grant the property a Historic Preservation FAR Bonus. REVIEW PROCEDURE A substantial amendment to an approved Planned Unit Development may be approved, approved with conditions, or denied by City Council at a public hearing after considering recommendations from the Community Development Director and the Planning and Zoning Commission pursuant to Section 26.445.100(B). STAFF COMMENTS: The applicant, Alan Becker, represented by Alan Richman, requests an amendment to the Alpine Acres Planned Unit Development (PUD) for the purpose of allowing lot 4A to be eligible to be granted a 500 square foot FAR bonus from the Historic Preservation Commission if it is found that a proposed historic renovation/addition project on this lot is "an outstanding preservation effort". The Alpine Acres PUD was approved in 1987 and restricted each dwelling unit in Alpine Acres to 2,486 square feet of countable floor area because of the narrow width of the lots. Lot 4A contains a historic landmarked single- family residence and an accessory dwelling unit. The lots regulated by the PUD are allowed to receive all of the exemptions that are normally granted under the current land use code. However, because the PUD limits the countable floor area ratio, currently the subject parcels are not eligible to receive a 500 square foot FAR bonus for an "outstanding preservation effort" that may be granted to other historic landmark designated properties pursuant to City Land Use Code Section 26.415, Development Involving the Inventory of Historic Sites and Structures or Which Occurs In An "H," Historic Overlay District. Lots 4A, 4B, and 5 of the Alpine Acres Subdivision are the only properties that are within the Alpine Acres PUD and all of the owners of these lots have consented to allow the applicant apply for the PUD Amendment for his lot. Staff Analysis If Lot 4A were to be allowed to receive an HPC preservation bonus of 500 square feet, then it would be allotted an allowable FAR of 2,986 square feet. At the time that the PUD was established, Lot 4A would have been allowed 3,795 square feet of FAR under the underlying R-6 (Medium-Density Residential) zoning regulations. Under the current R-6 (Medium- Density Residential) zoning regulations, Lot 4A would be allowed approximately 3,500 square feet of FAR. Thus, the allowable FAR on Lot 4A with the proposed 500 square foot bonus is currently about 15% less than if it did not have the PUD floor area restriction. Staff believes that even with the addition of a 500 square foot Historic Preservation FAR bonus, that lot 4A will still be proportionate in size and massing to the surrounding properties that are also zoned R-6 (Medium-Density Residential) or R-6 PUD. Also, the Historic Preservation Commission has reviewed the compatibility of the proposed addition to the Historic Structure on lot 4A and has determined that the site specific proposal qualifies for the 500 square foot FAR bonus for an "outstanding preservation project". The Historic Preservation Commission found that the massing and scale of the site specific proposal was also compatible for the lot. The applicant is proposing to amend Condition A of the Alpine Acres PUD (attached as Exhibit "C") as follows: A. Each dwelling unit in Alpine Acres shall be restricted to a maximum countable floor area of 2,486 square feet, plus any floor area bonus that might be awarded by the LIPC to Lot 4A for an outstanding preservation effort for a historic landmark pursuant to Section 26.415 ofthe City of Aspen Land Use Code. Staff feels that only allowing for lot 4A to be eligible for an historic preservation bonus would be compatible with the dimensional requirements on the surrounding parcels and recommends amending Condition A o f the Alpine Acres PUD as follows: Staff feels that the aforementioned language is consistent with Aspen Area Community Plan Action Plan Priority number 31 that requires "staff to investigate ways to encourage the restoration and improvement of existing buildings", in that the amendment will allow the subject lot to take advantage of a preservation incentive that was not available at the 2 time the PUD was enacted. However, staff also feels that by limiting the eligibility of the bonus to Lot 4A that the compatibility of the massing and size of structures will be maintained within the Alpine Acres PUD. Staff recommends approval of the proposed amendment to the Alpine Acres Planned Unit Development (PUD) for the purpose of allowing for Lot 4A, Alpine Acres PUD, to be eligible for an HPC bonus pursuant to Land Use Code Section 26.415. RECOMMENDATION: Staff recommends that the Planning and Zoning Commission approve the proposed resolution recommending that City Council approve a substantial amendment to the Alpine Acres Planned Unit Development (PUD) for the purpose of allowing each dwelling unit in Alpine Acres to be restricted to a maximum countable floor area of 2,486 square feet, plus any floor area bonus that might be awarded by the HPC to Lot 4A for an outstanding preservation effort for a historic landmark pursuant to Section 26.415 of the City of Aspen Land Use Code. RECOMMENDED MOTION (ALL MOTIONS ARE PROPOSED IN THE AFFIRMATIVE): "I move to approve Resolution No. 05 Series of 2002, recommending that City Council approve the proposed amendment to the Alpine Acres Planned Unit Development (PUD), Condition "A", for the purpose of allowing for each dwelling unit in Alpine Acres to be restricted to a maximum countable floor area of 2,486 square feet, plus any floor area bonus that might be awarded by the HPC to Lot 4A for an outstanding preservation effort for a historic landmark pursuant to Section 26.415 of the Aspen Land Use Code. " ATTACHMENTS: Exhibit A -- Review Criteria and Staff Findings Exhibit B -- Application Exhibit C -- Ordinance No.35, Series 1987 approving Alpine Acres PUD Overlay Exhibit D -- Vicinity Map 3 EXHIBIT A ALPINE AcRES PUD AMENDMENT REVIEW CRITERIA & STAFF FINDINGS A. General requirements. 1. The proposed development shall be consistent with the Aspen Area Community Plan. 2. The proposed development shall be consistent with the character of existing land uses in the surrounding area. 3. The proposed development shall not adversely affect the future development of the surrounding area. 4. The proposed development has either been granted GMQS allotments, is exempt from GMQS, or GMQS allotments are available to accommodate the proposed development and will be considered prior to, or in combination with,final PUD development plan review. Staff Finding Staff finds that the proposed PUD Amendment is consistent with the Aspen Area Community Plan and the character of the surrounding land uses on Lot 4A in that even by allowing for the HPC FAR bonus on the subject lot, it will still be allowed a more restrictive FAR than can legally be constructed on the surrounding parcels which have an underlying zoning of R-6 (Medium-Density Residential). In order to receive an HPC FAR bonus, any proposed development to the historic structure on Lot 4A will have to meet the HPC's criteria to be deemed "an outstanding preservation effort". In achieving the bonus, HPC will review to make sure that the proposed development is compatible with the historic structure. An addition to the historic structure on Lot 4A will be exempt from the Growth Management Quota System because it involves the restoration or expansion of a single- family residence pursuant to Land Use Code Section 26.470.070(A)(5). Staff finds the criterion to be met. B. Establishment of Dimensional Requirements: The final PUD development plans shall establish the dimensional requirements for all properties within the PUD as described in General Provisions, Section 26.445.040, above. The dimensional requirements of the underlying zone district shall be used as a guide in determining the appropriate dimensions for the PUD. During review of the proposed dimensional requirements, compatibility with surrounding land uses and existing development patterns shall be emphasized. The proposed dimensional requirements shall comply with the following: 4 1. The proposed dimensional requirements for the subject property are appropriate and compatible with thefollowing influences on the property: a) The character of, and compatibility with, existing and expected future land uses in the surrounding area. b) Natural or man-made hazards. c) Existing natural characteristics of the property and surrounding area such as steep slopes, waterways, shade, and significant vegetation and tandforms. d) Existing and proposed man-made characteristics of the property and the surrounding area such as noise, tra#ic, transit, pedestrian circulation, parking, and historical resources. Staff Finding Staff finds that the proposed amendment on Lot 4A is consistent and compatible with the surrounding land uses and will allow for an allowable floor area ratio that is actually less restrictive than what the current underlying zoning allows for. If Lots 4A and 4B did not have a PUD overlay, they would be allotted an allowable FAR of approximately 3,500 square feet in the underlying R-6 (Medium Density Residential) Zone District. The proposed amendment would allow the single-family residence with an ADU on lot 4A to build out to a maximum floor area ratio of only 2,986 square feet, if the Historic Preservation Commission were to grant a bonus for an outstanding preservation effort on the lot. The result of the proposed amendment is that the floor area ratio allowed on lot 4A, with the proposed bonus, is still more than 500 square feet less than is allowed in the underlying zoning for lots of this size. Staff finds this criterion to be met. 2. The proposed dimensional requirements permit a scale, massing, and quantity of open space and site coverage appropriate andfavorable to the character of the proposed PUD and of the surrounding area. Staff Finding Staff believes that the proposed amendment on Lot 4A would have an inconsequential impact on the scale and massing of the historic structure because in order to gain the 500 square foot FAR bonus, the proposed project would have to be found to be outstanding preservation efforts by the Historic Preservation Commission. In reviewing the proposed site-specific project on lot 4A, the Historic Preservation Commission has determined that it is an "outstanding preservation effort", and the Commission has determined that the proposed scale and massing is appropriate for the lot. Staff finds this criterion to be niet. 3. The appropriate number of off-street parking spaces shall be established based on the following considerations: 5 a) The probable number Of cars used by those using the proposed development including any non-residential land uses. b) The varying time periods Of use, whenever joint use Of common parking is proposed. c) The availability of public transit and other transportation facilities, including those for pedestrian access and/or the commitment to utilize automobile disincentive techniques in the proposed development. d) The proximity of the proposed development to the commercial core and general activity centers in the city. Staff Finding Staff finds this set of criteria not to be applicable to the proposed amendment. 4. The maximum allowable density within a PUD may be reduced if there exists insufficient infrastructure capabilities. Specifically, the maximum density of a PUD may be reduced if: a) There is not su#icient water pressure, drainage capabilities, or other utilities to service the proposed development. b) There are not adequate roads to ensure fire protection, snow removal, and road maintenance to the proposed development. Staff Finding The proposed amendment does not reduce the maximum allowable density within the PUD. Staff finds this set of criteria not to be applicable to the proposed amendment. 5. The maximum allowable density within a PUD may be reduced if there exists natural hazards or critical natural site features. Specifically, the maximum density of a PUD may be reduced if: a) The land is not suitable for the proposed development because of ground instability or the possibility of mudflow, rock falls or avalanche dangers. b) The effects of the proposed development are detrimental to the natural watershed, due to runoff, drainage, soil erosion, and consequent water pollution. c) The proposed development wit[ have a pernicious effect on air quality in the surrounding area and the City. d) The design and location of any proposed structure, road, driveway, or trai[ in the proposed development is not compatible with the terrain or causes harmful disturbance to critical naturaifeatures ofthe site. Staff Finding The proposed amendment does not reduce the maximum allowable density within the PUD. Staff finds this set of criteria not to be applicable to the proposed amendment. 6 6. The maximum allowable density within a PUD may be increased if there exists a significant community goal to be achieved through such increase and the development pattern is compatible with its surrounding development patterns and with the site's physical constraints. Specifically, the maximum density of a PUD may be increased if: a) The increase in density serves one or more goals of the community as expressed in the Aspen Area Community Plan (AACP) or a specific area plan to which the property is subject. b) The site's physical capabilities can accommodate additional density and there exists no negative physical characteristics of the site, as identified in subparagraphs 4 and 5, above, those areas can be avoided, or those characteristics mitigated. c) The increase in maximum density results in a development pattern compatible with, and complimentary to, the surrounding existing and expected development pattern, land uses, and characteristics. Staff Finding There is no increase in density as part of this application. Staff finds this set of criteria not to be applicable to the proposed amendment. C. Site Design. The purpose of this standard is to ensure the PUD enhances public spaces, is complimentary to the site's natural and man-made features and the adjacent public spaces, and ensures the public's health and safety. The proposed development shall comply with the following: 1. Existing natural or man-made features of the site which are unique, provide visual interest or a specific reference to the past, or contribute to the identity Of the town are preserved or enhanced in an appropriate manner. 2. Structures have been clustered to appropriately preserve significant open spaces and vistas. 3. Structures are appropriately oriented to public streets, contribute to the urban or rural context where appropriate, and provide visual interest and engagement of vehicular and pedestrian movement. 4. Buildings and access ways are appropriately arranged to allow emergency and service vehicle access. 5. Adequate pedestrian and handicapped access is provided. 7 6. Site drainage is accommodatedfor the proposed development in a practical and reasonable manner and shall not negatively impact surrounding properties. 7. For non-residential land uses, spaces between buildings are appropriately designed to accommodate any programmatic functions associated with the use. Staff Finding Staff finds that the proposed amendment will not affect the site's access and that any significant man-made features will be preserved through the Historic Preservation Commission's review of a proposed development on Lot 4A. Staff finds this criterion to be met. D. Landscape Plan. The purpose of this standard is to ensure compatibility of the proposed landscape with the visual character of the city, with surrounding parcels, and with existing and proposed features of the subject property. The proposed development shall comply with the following: 1. The landscape plan exhibits a well-designated treatment of exterior spaces, preserves existing significant vegetation, and provides an ample quantity and variety of ornamental plant species suitable for the Aspen area climate. 2. Significant existing natural and man-made site features, which provide uniqueness and interest in the landscape, are preserved or enhanced in an appropriate manner. 3. The proposed method of protecting existing vegetation and other landscape features is appropriate. Staff Finding Staff finds this set of criteria not to be applicable to the proposed amendment. E. Architectural Character. It is the purpose of this standard is to encourage architectural interest, variety, character, and visual identity in the proposed development and within the City while promoting efficient use of resources. Architectural character is based upon the suitability of a building for its purposes, legibility of the building's use, the building's proposed massing, proportion, scale, orientation to public spaces and other buildings, use of materials, and other attributes, which may significantly represent the character of the proposed development. There sliaN be approved as part of the final development plan an architectural character plan, which adequately depicts the character of the proposed development. The proposed architecture of the development shall: 8 1. Be compatible with or enhance the visual character of the city, appropriately relate to existing and proposed architecture of the property, represent a character suitable for, and indicative of, the intended use, and respect the scale and massing of nearby historical and cultural resources. 2. Incorporate, to the extent practical, natural heating and cooling by taking advantage of the properly's solar access, shade, and vegetation and by use of non- or less-intensive mechanical systems. 3. Accommodate the storage and shedding of snow, ice, and water in a safe and appropriate manner that does not require significant maintenance. Staff Finding In order to gain the 500 square foot FAR bonus that would be allotted by the proposed amendment, any site-specific development plan was reviewed by the Historic Preservation Commission. In reviewing a site-specific development proposal for Lot 4A, the LIPC found the scale and massing to be appropriate for the site. Staff finds this criterion to be met. F. Lighting. The purpose of this standard is to ensure the exterior of the development will be lighted in an appropriate manner considering both public safety and general aesthetic concerns. The following standards shall be accomplished: 1. Al[ lighting is proposed so as to prevent direct glare or hazardous interference of any kind to adjoining streets or lands. Lighting of site features, structures, and access ways is proposed in an appropriate manner. 2. AH exterior lighting shall be in compliance with the Outdoor Lighting Standards unless otherwise approved and noted in the final PUD documents. Up lighting of site features, buildings, landscape elements, and lighting to call inordinate attention to the property is prohibited for residential development. Staff Finding The applicant must meet the outdoor lighting requirements set forth in the City of Aspen Lighting Ordinance. Staff finds that this criterion is required to be met by all development within the City of Aspen. G. Common Park, Open Space, or Recreation Area. If the proposed development includes a common park, open space, or recreation area for the mutual benefit of al[ development in the proposed PUD, the following criteria shall be met: 1. The proposed amount, location, and design of the common park, open space, or recreation area enhances the character Of the proposed 9 development, considering existing and proposed structures and natural landscape features of the property, provides visual reliefto the property's builtform, and is available to the mutual benefit of the various land uses and property users of the PUD. 2. A proportionate, undivided interest in all common park and recreation areas is deeded in perpetuity (notfor a number of years) to each lot or dwelling unit owner within the PUD or ownership is proposed in a similar manner. 3. There is proposed an adequate assurance through a legal instrumentfor the permanent care and maintenance of open spaces, recreation areas, and shared facilities together with a deed restriction against future residential, commercial, or industrial development. Staff Finding The proposed amendment does not affect the amount of required open space within the PUD. Staff finds this set of criteria not to be applicable to the proposed amendment. H. Utilities and Public facilities. The purpose of this standard is to ensure the development does not impose an undue burden on the City's infrastructure capabilities and that the public does not incur an unjustified financial burden. The proposed utilities and public facilities associated with the development shall comply with the following: 1. Adequate public infrastructurefacilities exist to accommodate the development. 2. Adverse impacts on public infrastructure by the development will be mitigated by the necessary improvements at the sole cost of the developer. 3. Oversized utilities, public facilities, or site improvements are provided appropriately and where the developer is reimbursed proportionately for the additional improvement. Staff Finding The public infrastructure is already in place. The lot subject to the proposed amendment contains an existing structure with existing services. Allowing this lot to be eligible to obtain a 500 square foot FAR bonus upon review by the Historic Preservation Commission will not put an undue burden on the on the City's infrastructure capabilities. Staff finds this criterion to be met. I. Access and Circulation. (Only standards 1&2 apply to Minor PUD applications) The purpose of this standard is to ensure the development is easily accessible, does not unduly burden the surrounding road network, provides adequate pedestrian and recreational trailfacilities and minimizes the use of security 10 gates. The proposed access and circulation of the development shall meet the following criteria: 1. Each lot, structure, or other land use within the PUD has adequate access to a public street either directly or through an approved private road, a pedestrian way, or other area dedicated to public or private use. 2. The proposed development, vehicular access points, and parking arrangement do not create traffic congestion on the roads surrounding the proposed development, or such surrounding roads are proposed to be improved to accommodate the development. 3. Areas of historic pedestrian or recreational trail use, improvements of, or connections to, the bicycle and pedestrian trail system, and adequate access to significant public lands and the rivers are provided through dedicated public trail easements and are proposed for appropriate improvements and maintenance. 4. The recommendations of the Aspen Area Community Plan and adopted specific plans regarding recreational trails, pedestrian and bicycle paths, and transportation are proposed to be implemented in an appropriate manner. 5. Streets in the PUD which are proposed or recommended to be retained under private ownership provide appropriate dedication to public use to ensure appropriate public and emergency access. 6. Security gates, guard posts, or other entryway expressions for the PUD, or for lots within the PUD, are minimized to the extent practical. Staff Finding The proposed amendment does not affect access to the PUD. Staff finds this set of criteria not to be applicable to the proposed amendment. J. Phasing of Development Plan. (does not apply to Conceptual PUD applications) The purpose of this criteria is to ensure partially completed projects do not create an unnecessary burden on the public or surrounding property owners and impacts of an individual phase are mitigated adequately. Ifphasing ofthe development plan is proposed, each phase shall be defined in the adopted final PUD development plan. The phasing plan shall comply with the following: 1. All phases, including the initial phase, shall be designed tofunction as a complete development and shall not be reliant on subsequent phases. 2. The phasing plan describes physical areas insulating, to the extent practical, occupants of initial phases from the construction of later phases. 11 3. The proposed phasing plan ensures the necessary or proportionate improvements to public facilities, payment ofimpactfees and fees-in- lieu, construction ofany facilities to be used jointly by residents ofthe PUD, construction of any required affordable housing, and any mitigation measures are realized concurrent or prior to the respective impacts associated with the phase. Staff Finding There is no phasing proposed for the redevelopment of Lot 4A. Staff finds this criterion not to be applicable to the proposed amendment. 12 RESOLUTION N0. 06 (SERIES OF 2002) A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING COMMISSION RECOMENDING THAT CITY COUNCIL APPROVE AN AMENDMENT TO THE ALPINE ACRES PLANNED UNIT DEVELOPMENT TO ALLOW FOR LOT 4A, ALPINE ACRES PLANNED UNIT DEVELOPMENT, TO BE ELIGIBLE FOR A 500 SQUARE FOOT HISTORIC PRESERVATION FLOOR AREA RATIO BONUS FOR AN OUTSTANDING PRESERVATION EFFORT, CITY OF ASPEN, PITKIN COUNTY, COLORADO. WHEREAS, the Community Development Department received an application from the Owner, Alan Becker, represented by Alan Richman, for an amendment to the Alpine Acres Planned Unit Development (PUD) to allow for lot 4A, Alpine Acres PUD, to be eligible for a 500 square foot historic preservation FAR bonus above and beyond the allowable FAR set forth in the Alpine Acres Planned Unit Development; and, WHEREAS, pursuant to Sections 26.445, City Council may approve a substantial amendment to an approved Planned Unit Development, during a duly noticed public hearing, after considering comments from the general public, a recommendation from the Community Development Staff, a recommendation from the Planning and Zoning Commission, and recommendations from relevant referral agencies; WHEREAS, the Community Development Department reviewed the request for an amendment to the Alpine Acres PUD to allow for lot 4A to be eligible for a 500 square foot historic preservation FAR bonuses and recommends approval of the proposed amendment; and, WHEREAS, the Aspen Planning and Zoning Commission 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 Department, the applicable referral agencies, and has taken and considered public comment at a public hearing; and, WHEREAS, the Aspen Planning and Zoning Commission finds that the development proposal meets or exceeds all applicable development standards and that the approval of the development proposal, with conditions, is consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS, the Aspen Planning and Zoning Commission finds that this Resolution furthers and is necessary for the promotion of public health, safety, and welfare. WHEREAS, during a duly noticed public hearing on February 19, 2002. the Planning and Zoning Commission recommended that City Council approve, by a _ to _ (_ -_) vote, a substantial amendment to the Alpine Acres Planned Unit Development (PUD) for the purpose of allowing lot 4A to be eligible to receive 500 square foot historic preservation FAR bonuses pursuant to Land Use Code Section 26.415; and, 13 NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ASPEN PLANNING AND ZONING COMMISSION as follows: Section 1 Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the Planning and Zoning Commission recommends that City Council approve the proposed application to amend Condition A o f the Alpine Acres Planned Unit Development to read as follows: A. Each dwelling unit in Alpine Acres shall be restricted to a maximum countable floor area of 2,486 square feet, plus any floor area bonus that might be awarded by the HPC to Lot 4A for an outstanding preservation effort for a historic landmark pursuant to Section 26.415 of the City of Aspen Land Use Code. Section 2: This Resolution shall not effect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 3: If any section, subsection, sentence, clause, phrase, or portion of this Resolution 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. Approved by the Commission at its regular meeting on February 19,2002. APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION: City Attorney Jasmine Tygre, Chair ATTEST: Jackie Lothian, Deputy City Clerk 14 ATTACHMENT 1 ASPEN/PITKIN COMMUNITY DEVELOPMENT DEPARTMENT City of Aspen Development Application Fee Policy The City of Aspen, pursuant to Ordinance 57 (Series of 2000), has established a fee structure 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. Referral fees for other City departments reviewing the application will also be collected when necessary. One check including the deposit for Planning and referral agency fees must be submitted with each land use application, made payable to the Aspen/Pitkin Community Development Department. Applications will not be accepted for processing without the required application fee. A flat fee is collected by Community Development for Administrative Approvals which normally take a minimal and predictable amount of staff time to process. The fee is not refundable. A deposit is collected by Community Development when more extensive staff review is required, as hours are likely to vary substantially from one application to another. Actual staff time spent will be charged against the deposit. Several different staff members may charge their time spent on the case in addition to the case planner. Staff time is logged to the case and staff can provide a summary report of hours spent at the applicant's request. After the deposit has been expended, the applicant will be billed monthly based on actual staff hours. Applicants may accrue and be billed additional expenses for a planner's time spent on the case following any hearing or approvals, up until the applicant applies for a building permit. Current billings must be paid within 30 days or processing of the application will be suspended. If an applicant has previously failed to pay application fees as required, no new or additional applications will be accepted for processing until the outstanding fees are paid. In no case will Building Permits be issued until all costs associated with case processing have been paid. When the case planner determines that the case is completed (whether approved or not approved), the case is considered closed and any remaining balance from the deposit will be refunded to the applicant. Applications which require a deposit must include an Agreement for Payment of Development Application Fees. The Agreement establishes the applicant as being responsible for payment of all costs associated with processing the application. The Agreement must be signed by the party responsible for payment and submitted with the application and fee in order for a land use case to be opened. The current complete fee schedule for land use applications is listed on the reverse side. ASPEN/PITKIN COMMUNITY DEVELOPMENT DEPARTMENT Agreement for Payment of City of Aspen Development Application Fees CITY OF ASPEN (hereinafter CITY) and Â¢\ L Aw# Ze.Â¥.en- (hereinafter APPLICANT) AGREE AS FOLLOWS: 1. APPLICANT has submitted to CITY an application for 9 4 0 AÂ»eâ€ž4.~ZA (hereinafter, THE PROJECT). 2. APPLICANT understands and agrees that City of Aspen Ordinance No. 57 (Series of 2000) establishes a fee structure for Land Use applications and the payment of all processing fees is a condition precedent to a determination of application completeness. 3. APPLICANT and CITY agree that because of the size, nature or scope of the proposed project, it is not possible at this time to ascertain the full extent of the costs involved in processing the application. APPLICANT and CITY further agree tliat it is in the interest of the parties that APPLICANT make payment of an initial deposit and to thereafter permit additional costs to be billed to APPLICANT on a monthly basis. APPLICANT agrees additional costs may accrue following their hearings and/or approvals. APPLICANT agrees he will be benefited by retaining greater cash liquidity and will make additional payments upon notification by the CITY when they are necessary as costs are incurred. CITY agrees it will be benefited through the greater certainty of recovering its full costs to process APPLICANT'S application. 4. CITY and APPLICANT further agree that it is impracticable for CITY staff to complete processing or present sufficient information to the Planning Commission and/or City Council to enable the Planning Commission and/or City Council to make legally required findings for project consideration, unless current billings are paid in full prior to decision. 5. Therefore, APPLICANT agrees that in consideration of the CITY's waiver of its right to collect full fees prior to a determination of application completeness, APPLICANT shall pay an initial deposit in the amount of $ 1205- which is for 6, hours of Community Development staff time, and if actual recorded costs exceed the initial deposit, APPLICANT shall pay additional monthly billings to CITY to reimburse the CITY for the processing of the application mentioned above, including post approval review at a rate of $205.00 per planner hour over the initial deposit. Such periodic payments shall be made within 30 days of the billing date. APPLICANT further agrees that failure to pay such accrued costs shall be grounds for suspension of processing, and in no case will building permits be issued until ail costs associated with case processing have been paid. CITY OF ASPEN APPLICANT - A 1-A N -lber w Ela By: Hy:016Â« â‚¬*- Julie Ann Woods Community Development Director Date: btrc ' 3 i / 1-OD \ Mailing Address: 70. box /14 luot> bf C12-5'Ek-,Ce). â‚¬ {69(e g:\support\forms\agrpayas.doc 1/10/01