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Home My WebLink AboutLand Use Case.301 Oak Lane.0016.2016.ASLU0016.2016.ASLU 301 OAKÂ®ANEs SMUGGLER PARK PD AMENDMENT 1 li 7 SCA~A,/u-O~ 8/< M / U PATH: G/DRIVE /MASTER FILES/PLANNING/ THE CITY OF ASPEN City of Aspen Community Development Department CASE NUMBER 0016.2016.ASLU PARCEL ID NUMBERS NONE PROJECT ADDRESS 301 OAK LANE PLANNER JUSTIN BARKER CASE DESCRIPTION APPLICATION FOR SMUGGLER PARK SUBDIVISION PD AMENDMENT REPRESENTATIVE CHRIS BENDEN DATEOFFINALACTION 7.11.2016 CLOSED BY KARLA HENRICHON 8.17.2016 0016Â·2016.ABLU 4 Permits . CJ 1 [E .ilf ib .@r :sk # :';>: .Â· I 44 b * 4 Â¢3 file Edit Record Navigate Form Reports Format Iab Help k R. 6-@3Â«) 94 761 1 + 4. r I HQ]e)3.48-]Di, 1 1 4 El *11& Jump,1 ~/0~24}lej~ r 4, f~: rai-L Ma: el B .3 * 23@ 4: bi I @>*0 4>~ida :2 '1* 1 .~-EM-~ Custom Fields IRouting Status Fee SummarY }Actions ; Routing History I Permit ty@ bslu Aspen Land Use PermitÂ¥ 0016.2016.ASLU : 1 Addre~ 301 OAK LN Abt/suite City ASPEN State *---] Zip 81611 ~ Permit InformaDon ~ , : Master permit Routing queue aslu 15 Applied 03/03/2016 'WJ,=*~,=till. 3 ~ Projed Status pending ' Approved 6 141 Description APPLICATION FOR SMUGGLER PARK SUBDMSION PD AMENDMENT Issued REQUEST TO WAIVE FEES AT COUNCIL MEETING Closed/Final ~ :: Submitted BENDONADAMS 925 2855 Clock ~JUJL~ Days |~-li| Expires 02/26/2017 1~ Submitted via ~ Owner ~ Last name SMUGGLER HOME OWNER First name 14 AJAX AVE ASPEN CO 81611 Phone (970) 920-1357 | Address I li~ : Applicant E Owner is applicant? E Contractor is applicant? Last name SMUGGLER HOME OWNER First name 14 AJAXAVE 1 . 04% : ASPEN CO 81611 i,~ | Phone (970} 920-1357 cust # 30294 Address Emai Lender Last name First name J i Phone C ) - Address pisplays thype~mit owner's first name | AspenGold5 (server- angelas ~ 41.- . A 4Â»W fi -f.%6 WS-,<-AA,Ect - *fe; C~~Adesâ‚¬D atoN Mo! | | xoglool~ ~ scinoiD qu.4.12; ORDINANCE NO. 12 (SERIES OF 2016) AN ORDINANCE OF THE CITY OF ASPEN CITY COUNCIL GRANTING MINOR PLANNED DEVELOPMENT AMENDMENT APPROVAL FOR THE SMUGGLER PARK SUBDIVISION. WHEREAS, the Community Development Department received an application for Smuggler Park Subdivision (the Application) from the Smuggler Park Homeowners Association (Applicant) for Minor Planned Development Amendment; and, WHEREAS, all code citation references are to the City of Aspen Land LIse Code in effect on the day of initial application - February 18, 2016, as applicable to this Application; and, WHEREAS, this property is zoned I-Iigh Density Residential (R-3) with a Planned Development (PD) overlay; and, WHEREAS, the Community Development Department referred the application to the , Aspen/Pitkin County Housing Authority and received comments; and , WHEREAS, the Aspen Community Development Department and said referral agency I reviewed the proposed Application and recommended conditions; and, WHEREAS, all required public noticing was provided as evidenced by an affidavit of public noticing submitted to the record, a summary of public outreach was provided by the applicant to meet the requirements of Land tJse Code Section 26.304.035, and the public was , provided full access to review the proposed development; and, WHEREAS, upon initial review of the application and the applicable code standards, the Community Development Department recommended approval of the application: and, WHEREAS, on May 23,2016. the Aspen City Council approved Ordinance No. 12, Series of 2016 on First Reading by a five to zero (5 - 0) vote; and, WHEREAS, City Council has reviewed and considered the development proposal under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered the recommendations of the Community Development Director, the applicable referral agencies, and ~ has taken and considered public comment at a public hearing; and, WHEREAS, during a duly noticed public hearing on July 11, 2016, continued from June 27,2016, the Aspen City Council approved Ordinance No. 12, Series of 2016, by a three to one (3 - 1) vote, approving a Minor Planned Development Amendment; and, WHEREAS, City Council finds that the development proposal meets or exceeds all the applicable development standards; and, Smuggler Park Subdivision Ordinance No. 12, Series 2016 Page 1 of 3 1 WHEREAS, City Council finds that this Ordinance furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE BE IT ORDAINED BY THE CITY OF ASPEN CITY COUNCIL AS FOLLOWS: Section 1: Approvals 1 Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, City Council hereby grants the Smuggler Park Subdivision a Minor Amendment to Planned Development Project Review approval, subject to the conditions of approval as listed herein. Section 2: Planned Development Agreement The Applicant shall submit an amended and restated Planned Development agreement (hereinafter "Agreement") that meets the requirements ofthe Land Use Code within 180 days of final approval. The 180 days shall commence upon the date of approval by the Aspen City Council. The recordation documents shall be submitted in accordance with the requirements of Section 26.490 Approval Documents ofthe Land Use Code. The following amendments shall be incorporated into the amended and restated Planned Development Agreement: 1. The porch size requirement in Chapter 26.410, Residential Design Standards, shall be reduced to 25 sq. ft. with a minimum depth of 4 ft. 2. The principal window size requirement in Chapter 26.410, Residential Design Standards, shall be reduced to 2 ft. x 4 ft. 3. The number of required off-street parking spaces shall be provided in accordance with the Land Use Code, as may be amended. 4. The height shall be measured from the midpoint ofthe lots average slope. The measurement ofheight from that point shall be that described in the Land Use Code, as may be amended. 5. Accessory Dwelling Units (ADUs) shall be clarified as a permitted use. Any proposed ADU shall comply with the requirements of the Land Use Code, as may be amended. 6. Certain features may be combined in the side yard setback. This is limited to light wells and stairwells as required by adopted Building or Fire Codes and landscape walls, berms, retaining walls and similar structures which do not exceed thirty (30) inches above or below grade, pursuant to the allowances in the City of Aspen Land Use Code, as may be amended. 7. Garages may be no more than fifty percent (50%) of the width of the front *ade of the building. Section 3: All material representations and commitments made by the Applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the Community Development Department or the Aspen City Council are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by other specific conditions or an authorized authority. 4 Smuggler Park Subdivision Ordinance No. 12, Series 2016 Page 2 of 3 Section 4: This Ordinance shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 5: lf any section, subsection, sentence, clause, phrase. or portion ofthis 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 thereoti Section 6: A public hearing on this ordinance shall be held on the 11 th day of July, 2016, at a meeting of the Aspen City Council commencing at 5:00 p.m. in the City Council Chambers, Aspen City Hall, Aspen, Colorado, a minimum of fifteen days prior to which hearing a public notice of the same shall be published in a newspaper of general circulation within the City of Aspen. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the 23rd day of May, 2016. Linda Manning, City Cler~[ Steven KkNOron, Ma,LOP' - FINALLY, adopted, passed and approved this 1lth day oft'uly, 2016. A H.di 6 tfaÂ» 44-0-f linda Manning, City C7k StevUr*kadrog, Mayor - Approved as to form: W-Thu-,d. ~mes R. True, City Attorney Smuggler Park Subdivision Ordinance No. 12, Series 2016 Page 3 013 . Regular Meeting Aspen Citv Council Julv 11,2016 discretionary on Councils part to make a decision to go one direction or another, He does not believe this will set any type of precedent or another. Councilman Frisch said we are hearing from the applicant that 81,000 has always been the maximum box. The thing that Michael Brown did bring up that I have thought about for a while is where does the onus fall. He asked Ms. Phelan if the 81,000 was put on paper. She replied it was represented in the application. Councilman Myrin said that is what bugs him the most not the 3 to 1 number. Councilwoman Mullins stated it can be argued both ways. She is not convinced it will set a precedent. She would support the staff recommendation in honoring the 2006 Council decision. The drawings speak more. She is guessing that Council based the decision on the drawings. There is some onus on staff. The i land use code is complicated and staff should have caught this in 2006. The fact 1,200 square feet is in non-unit space. Balcony space is a tough one. A subjective way to look at it is the amount of balcony and outdoor on the historic space is appropriate for the building. She supports the staff recommendation. Councilman Myrin said he feels very strongly the calculations be based on the PD than what is in the code. I f the deck space needs changed from 15 we do so for everybody, The ordinance is pretty clear. He does not see how you can get to the logic that other people think you can. Councilman Frisch asked is it standard practice to use the 3 to 1 ratio or to use what some percent the project gets done on. Ms. Phelan said the representation of 3 to 1 is what the applicant made by proposing the project. This was a site specific approval. The applicant came and said the lodge zone district standards are appropriate for this site. Mr. Hoffman said they have the opposite view. Council accepted the maximum floor area for the site based on the 81.000. It was the model and the plans that were approved. Councilman Frisch asked if the 81,000 was based on the 3 to 1. Ms. Phelan replied yes. Ms. Garrow stated the decks were not included in the ordinance or the table. The applicant at the time represented the proposed floor area and decks off of 81,000 or 3 to 1 floor area. Staffs recommendation is to reconcile this. Mayor Skadron said there have been five iterations of Council since this was approved. Council can stand by the ordinance or fix the ordinance to match the drawings. He believes like Ann that Councils intent was based on the drawings. He will support approval of the amendment that reconciles the discrepancies. Councilwoman Mullins moved to adopt Ordinance #15, Series of 2016; seconded by Councilman Frisch. Roll call vote. Councilmembers Myrin. no; Frisch, yes: Mullins, yes; Mayor Skadron, yes. Motion carried. ORDINANCE #12, SERIES OF 2016 - Smuggler Park Subdivision - Minor Amendment to Planned Development Project Review Justin Barker, community development, told the Council this property was approved as an SPA in 1982 with four parcels. The proposed amendments only apply to Parcel A. Smuggler Park is zoned R3 with 87 deed restricted lots. The request is for a minor amendment to the PD. The requests focus around the 8 Regular Meeting Aspen Citv Council Julv 11.2016 design elements and dimensional requirements for the neighborhood. There is also a request for an R3 amendment and a fee waivers. The first request relates to the residential design standard for the front porch requirement. The current requirement is for a minimum of 50 square feet and the applicant is requesting a minimum of 25 square feet. Staff is recommends approval. The next request is another residential design standard for the principal window requirement. The code requires a minimum of four feet by four feet for a window on the front fagade. The applicant is requesting a minimum oftwo feet by four feet. Staff is recommending approval. The next request is also a residential design standard request related to the required location for light wells. Currently the code requires light wells, stair wells and similar features be located behind the front most wall of the fagade. The applicant is requesting an exemption from the standard to be able to place them on the front faQade. Staff is not recommending in favor and believes it encourages more ofa separation of the pedestrian and the front facade of the house creating a physical and a visual barrier. Staff is recommending denial of this request. The next request is the garage dimension requirement for the residential design standard. Currently the code requires a garage width to be five feet less than the width than the living space of the front favade. The applicants request is for an exemption. Staff is recommending denial as it encourages a heavily garage dominant fagade. The next request is for a parking requirement. Currently the planned development can require up to five spaces per property based on the unit size. The applicants request is to make it the same as what is under other code requirement for residential units, one per bedroom or two per unit. Staff recommends approval. The next request is for combining setback features. The code requirement is to allow certain features within the setback. The request is to allow for a combination of landscape areas of 30 inches below grade with light wells / stairwells. Staffrecommendation is for denial. Staffbelieves it would encourage larger excavated areas within the setback. The next request pertains to height measurement procedures and exceptions to height. The requirement for height is calculated from a specific spot in the property. The request is to keep the same measurement point for the height but for other code measurements methods to clarify in the approvals what is allowed by the code today. They would like to additionally allow height exceptions for rooftop access and amenities. Staff recommendation is to approve continued use of the same measurement method and use the other code methods for measuring different roof types but to deny the height exceptions. The next request is for accessory dwelling units. The requirement for the R.3 allows them as a permitted use but the planned development does not specify whether it is a permitted use or not. The applicant is requesting to clarify that it would be a permitted use under the PD approvals. Staff recommends approval. It was submitted to APCHA for review and they were supportive. The next request pertains to floor area. The PD requirement has a maximum o f 2,000 square foot and the applicant is requesting a maximum of 2,500. Staff recommendation is for denial. We believe it is simply encouraging more mass and development. Questions from first reading include why a PD not an R3 amendment. Many ofthe requests address multiple elements that are not identified within the zone district including the residential design standards and height measurements. Staff feels they are more appropriately addressed in a site specific approval. There are two subdivisions that fall within the R3 including Smuggler Run. They are not a part of this. Staff has been specifically guided to address the moratorium zone district code amendments. Why is a fee waiver requested? They feel there are many local residents with not as much funding. How does this fit into the current moratorium. It doesn't. 9 Regular Meeting Aspen Citv Council July 11.2016 Overall the recommendation is to approve the front porch and principal window RDS requests, the parking requirement to match the current code, to allow the height measurement method to align with the code and to permit ADUs as allowable uses within the planned development. We recommend Council deny the light well location and garage dimension RDS request, the combination o f features within the set back. any exceptions to the height limitation and the increase in floor area requests. Councilwoman Mullins asked for the garage dimension is it possible to fit a garage on the sites with the current requirements. Mr. Barker said with the current requirements it is possible for a single. A double garage is quite challenging. Councilwoman Mullins said with the combined setbacks, what are the landscaped areas. Mr. Barker said the code permits a retaining wall to be up to 30 inches below the finished grade. Councilman Frisch said R3 is Smuggler Park, and Smuggler Run. Mr. Barker replied those are the only 2 areas. 1 Councilman Myrin asked i f someone wanted to put mechanical on the roof currently what would happen. Mr. Barker said it would still comply with the 15 foot height requirement. Councilman Myrin said for the ADU the APCHA memo asked for strict adherence. Is this something that can actually be done. Mr. Barker said it would be difficult on some of the lots and may require the special review process. Councilman Myrin asked do the ADUs then qualify for the buyout program. Ms. Garrow replied these are deed restricted lots so they would never turn into free market units. Troy Miller, HOA president, said Smuggler is al] working people. Chris Bendon, representing the applicant. said the majority are mobile homes, pre fab, and stick built. The original PUD agreement was in 1990. They want to amend and restate the PD to address a range of issues. ill January the homeowners were encouraged to seek a PD amendment. Because the lots are very small there is fewer opportunity to locate light wells. The parking requirement will allow parking between the curb and property line. Stan Clauson, representing Leslie Curly, said it is a request for approval of collocated reduction in grade and required light wells. It would reflect existing constraints and improvements and enhance livability. There is a zero lot line set backon one side and 10 foot on the other side. Only one side has options for light and egress. Because of the narrow conditions of the lot only portions are subgrade. He believes it is a simple and appropriate measure that can enhance the livability of the residents. These can be landscaped and look good. Mayor Skadron asked why the neighbors support this. They could end up with no open yards and dense development. The reality may be a disservice. It may seem good on an individual basis but the aggregate may undermine the livability of the neighborhood. Mr. Clauson said if you were in the R6 you could have light and width on three sides. In this particular neighborhood you only get that on one side. Councilman Myrin asked who you see living below grade. Mr. Clauson replied this is not a question of ADUs. A good question ofthe livable space is below grade. Mr. Miller said a lot ofthese rules will not affect everyone. I always support my neighbors when they want to improve their lawns. 10 Regular Meetine Aspen City Council Julvll. 2016 Councilman Frisch stated he does not want to get in the one off business. If we want to talk about do we do this for the whole neighborhood I'iii happy to have that conversation. Mr. Bendon said they are seeking clarity on height and are fine with the staff recommendation. It is difficult to meet at[ the ADU standards but they want the clarity around it and want to be treated like anyone else. On the tioor area ask and the increase floor area from 2,000 to 2,500. Basements are counted at 50 percent regardless how much is exposed. Basements are more impactful in Smuggler than anywhere else in the city. For the fee waiver it is just a financial burden. The discussion in January was around the residential design standards. We were told to open up the PD and fix it there. It is a benefit to the HOA and the city. , Mayor Skadron opened the public comment. 1. Patty Clapper said it is a unique neighborhood. It is important for Council to support this request. The setback request is critical. The ADU request is critical. It is a special neighborhood with special residents. 2. Michael Christopher said homeowners are coming to the board and having to go through the process individually with the city. This will change it for everyone. Some of the requirements are esthetic requirements not structural ones. 3. Brett Anderson said he built 10 years ago and it took a long time. He would like to see the park grow and evolve. He is afraid future buyers won't be interested in coming in. 4. Wendy Perkins said there are some fancy houses in smuggler now. Young families are moving in. She thinks the change is wonderful and there is a place for everyone. 5. Sam Barney said he would like to sce the park evolve. 6. Bill Stirling said there are 100 lots between the two R3 zones. 7. Tim Anderson said the neighborhood is unique beyond belief. The fees are ridiculous. A lot of the things in the building code makes sense for health and safety but a bunch of it is just fees. This is an attempt to clear up the most basic things. 8. Kevin said density and space aren't the issues. Everyone is using this as a base it isn't the space. 9. Brad Elliott said these are quality of life issue for the people who are living there. A 30 inch restriction is more impactful to the interior than the yards. For garages most of the lots are 25 feet wide. If you take away the garages they are pushed out to the common elements. The streets are where people socialize. The existing homes are aging. 10. Leslie Curly said she would like the possibility of the double garage back. For the side yard she would like the 30 inch drop combined with the light well. 11. Stan Clauson said it has been a struggle to apply the residential design standards outside of the town. Mayor Skadron closed the public comment. Councilwoman Mullins said this is an example of why public comment is so important. Wendy described slow change and a place for everyone. She supports everything staff is recommending for approval. Getting into the public realm in terms of light well and garage dimensions, she would support the light well on the side of house. You don't need garages facing the street. What the residents want to happen in the side yard is probably ok. Floor area and height restrictions get into the public realm again and she would support staffs recommendation. For the light well location, she would support them on the side not the front. 11 :1 Regular Meetine Aspen Citv Council Julv 11,2016 Councilman Frisch said combined is the ability for two 30 inch to make one 60 inch light well. Adjacent is two 30 inch side by side. Mr. Barker said you can combine two minimum egress windows i f they are both required by code to be six feet by three feet instead of three by three. What the applicant is requesting is the ability to combine two different features like landscape walls and light wells. Councilwoman Mullins said on the fee waiver she has not heard a compelling reason to waive the fees. Councilman Frisch said lie supports everything on the approved list from staff. It is great all the public came and spoke. He is happy to look at this neighborhood as part of the affordable housing neighborhood. He has no problem placing some type of fee discount. Everyone wants enhanced livability. He agrees with staff the light wells don't need to be in front. They are better off keeping a one car garage. Leave the height and floor area as is. Councilman Myrin said he will support most what is in the ordinance plus the fee waiver. He is OK with the approval list. There are other things more important to address than what is on the deny list. Mayor Skadron said he is opposed to the fee waiver. He suppoits staff on the R3 zone district. He concurs on floor area as well and on height. On light well and side yard set backs, he believes it is a matter of livability. He believes the livability is impacted by an attempt to apply a global standard. He does not support staffs recommendation on those two items. He agrees with staffon the garage. He accepts the approval list. Ms. Garrow suggested adding a section to Section 2 number 6 certain features may be combined in the side yard setbacks. This is limited to light wells as required by the building code and landscaped walls, berms, retaining walls, stairways and similar structures which do not exceed 30 inches above or below grade pursuant to the allowances to the land use code as may be amended. Councilwoman Mullins moved to adopt Ordinance #12, Series of 2016. Mr. Bendon asked for consideration on garage width. They would like to have the garage be no greater than 50 percent of the front fagade. It would still be a single car garage but capture the lots that are sub ! 35. They also ask for the parking standard be reduced from five to the city code and can count the parking spaces between the property line and the curb. They want to maintain the ability to count those spaces towards the city requirement. Ms. Garrow suggested adding section 2.7 garages may be no more than 50 percent of the width of the front fagade. Councilwoman Mullins moved to adopt Ordinance #15. Series of 2016 with amendments and renumbering of Section 2s. Ms. Garrow recommended changing section 2.3 number of required parking spaces shall be provided in accordance with the land use code as may be amended. Councilwoman Mullins so moved. 12 Regular Meeting Aspen City Council July 11.2016 Seconded by Councilman Frisch. Councilman Myrin said lie support the ordinance as written by staff. Combining setbacks in staff's view will encourage large excavated spaces in the side yard and rear yard and will have a negative effect on the usability of the space as well as have the effect on large amounts ofdevelopment in the only side yard setbacks. Staff was not supportive of that request and I will support staff and will not support the change. Roll call vote. Councilmembers Mullins. yes; Myrin, no; Frisch, yes: Mayor Skadron, yes. Motion carried. Mr. Clauson stated on behal f of the applicant we vacate the last issues related to the variance and the appeal of the land use code interpretation. Ms. Garrow stated that means the City's interpretation of combined features stands. At 10:20 p.m. Councilman Myrin moved to adjourn; seconded by Councilman Frisch. All in favor, motion carried. At 11:23 p.m. Councilman Frisch moved to reconvene the meeting; seconded by Councilwoman Mullins. All in favor, motion carried. RESOLUTION #91 & 91, SERIES OF 2016 - 108 Maple Lane, Variance and Land Use Code Interpretation Appeal Councilman Frisch moved to continue Resolutions 91 an.d 92 to July 25, 2016; Seconded by Councilwoman Mullins. All in favor, motion carried. At 10:26 p.m. Councilwoman Mullins moved to adjourn; seconded by Councilman Myrin. All in favor. Motion carried. Linda Manning, City Clerk 13 Regular Meeting Aspen City Council June 27,2016 Board Appointments Mayor Skadron thanked and welcomed Jeff Halferty back to the Historic Preservation Commission. Chip Fuller is returning to the Wheeler Opera House Board of Directors, Patricia Weber is joining us on the Housing Board, Ryan Walterscheid is reupping for another term on Planning & Zoning. â€¢ Resolution #87, Series of 2016 - Appointments to NMPP Members' Council, to MEAN Management Committee and to MEAN Board of Directors â€¢ Resolution#88, Series of 2016 - Maroon Creek Micro-Hydro Partnership â€¢ Resolution#93, Series of 2016 - Pavement Improvement Program Contract â€¢ Resolution #85, Series of 2016 -Contract for Purchase of Fleet Vehicles â€¢ Resolution #89, Series of 2016 -Voting System, licenses and related services contract â€¢ Board Appointments â€¢ Minutes -June 6,2016 Councilwoman Mullins moved to adopt the consent calendar: seconded by Councilman Myrin. All in favor, motion carried. ORDINANCE #12, RESOLUTION #91 and RESOLUTION #92, SERIES OF 2016 Smuggler Park Subdivision - Planned Development Amendment, 108 Maple Lane, Variance and Land Use Code Interpretation Appeal Councilwoman Mullins moved to continue Ordinance #12, Resolution#91 and Resolution #92 to July 11, 2016; seconded by Councilman Myrin. All in favor, motion carried. ORDINANCE #13, SERIES OF 2016 -- Little Nell Hotel, Planned Development Minor Amendment and Commercial Design Approval Amendment Hillary Seminick, community development, told the Council this is a minor amendment to a planned development approval. This project proposes a 243 square foot solarium addition to the existing ski concierge space. Since first reading the applicant has revised the design to better match the existing exterior. Staff is still supportive and thinks the design is almost there but want a better design that is consistent with the exterior of the hotel. Staff has provided a recommendation that i f approved a condition is placed in the ordinance that requires the roo f materials be changed to shingles and the size of the new windows match those on the second floor. Councilman Myrin asked if Staff has the language for the ordinance for the modifications. Ms. Seininick replied it is not in the ordinance but the recommendation section of the memo could be modified to add a section 4 to add language stating the roof material be changed to shingles and the windows match the size ofthe windows on the upper floor. Dana Ellis, Don Shuster and Jodi Surface representing Aspen Skiing Company. Ms. Ellis said since first reading they looked at Staff comments and amended the design. Originally they proposed a design in line with Staff recommendations but in 2014 when the soil studies were completed it was obvious there would be complications and that is where the design from the last meeting came from. There is a precedent for sky lights. There is considerable glazing. The existing roof pitch will be matched to the overhead element. The product is a glazing that tints as the sun hits it so it will greatly reduce the sun issue. Mr. Shuster said the primary reason to move forward is from a guest standpoint. Councilwoman Mullins said it is difficult to add on to a building and have it blend in. This is an improvement from what you showed us originally but [ don't think it is there yet. The massing is fine but 3 MEMORANDUM TO: Mayor Skadron and Aspen City Council FROM: Justin Barker, Senior Planner THRU: Jessica Garrow, Community Development Director RE: Smuggler Park Subdivision - Minor Amendment to Planned Development Project Review Ordinance No. 12, Series of 2016, Public Hearing DATE: July 11, 2016 (continued from June 27,2016) APPLICANT /OWNER: Smuggler Park l IOA 1 - i C.-0,-24- i il li Ve : ' 0 0 REPRESENTATIVE: 0 G.6.094 BendonAdams 4 - 6 45. & /-16â€ž- 1 LOCATION: 111: 7#ar- \ I Smuggler Park Subdivision ~. i *,sr , )r 4.*, t#*Ag'.) , Â· A'*#4.4?4*/ CURRENT ZONING 4>'0 . *4'9 4 41~~~,< High Density Residential (R-3) w/ PD overlay E MAIN ST v SUMMARY: 1.4 gle.Irt The applicant requests City Council Locator Map approve a Minor Amendment to Planned Development Project Review approval. 8TAFF RECOMMENDATION: Staff recommends City Council approve with conditions. QUESTIONS FROM FIRST READING: Council had a number of questions from first reading on May 23,2016, including: Why is this a PD amendment vs R-3 zone district amendment - There are a few reasons why staft believes this is better approached as a PD amendment: 1. Several o f the proposed amendments in the application relate to regulations that are not covered by zone districts, such as Residential Design Standards, height measurement and exceptions, and parking requirements that are more appropriate for a site-specific development amendment. Smuggler Park PD Amendment- Staff Memo 7.11.16 Page 1 of 8 ZIC 300-1 2. A zone district amendment would impact the Smuggler Run Subdivision as well, which is separate from the Smuggler Park Subdivision and not a party to this application. 3. Staff has been given direction from Council to prioritize work related to the current moratorium in the commercial zone districts. While there are likely changes that could be made to the R-3 zone district, the same could be said for other residential zones and other parts of the Code. Given current staffing levels and the focus on the moratorium, a code amendment to the R-3 zone district is not recommended. Why is the fee waiver being requested - City Council has sole discretion to waive the fees for this application. The applicant is requesting the planning fees be waived primarily because they are local residents. (This is described in more detail under "Fee Waiver" below, and in Exhibit E.) How does this application fit into the current moratorium - The review of this application is not related to the moratorium, and is not a zone district subject to the moratorium. The application was submitted on February 18. prior to adoption of the moratorium. Garage picture - One of the Council members requested a picture of a garage that complies with the Residential Design Standard requirement. A picture has been added as Figure 10 on page 6 0 f the memo. LAND USE REQUESTS AND REVIEW PROCEDURES: The Applicant is requesting the following land use approvals from City Council: â€¢ Minor Amendment to Project Review approval - (Chapter 26.445) to amend the Smuggler Park Planned Development. BACKGROUND: Smuggler Park was originally established in the 1970s as a mobile home park. The Smuggler Park Specially Planned Area (SPA) was approved in 1982. The original SPA included four parcels shown in Figure lon the next page: â€¢ Parcel A (red) - Smuggler Park Subdivision, which contains 87 deed-restricted lots zoned R-3. â€¢ Parcel B (yellow) - free-market lot zoned R-15. â€¢ Parcel C (green) - Smuggler Run Subdivision, which contains 17 deed-restricted lots zoned R-3. â€¢ Parcel D (blue) - now part o f the Centennial property. Smuggler Park PD Amendment - Staff Memo 7.11.16 Page 2 of 8 :t I - *Mil.....&*WV.t :ARCE; Â· c 1... III...~~'. ' :11746, . r . i.4.03 . k ~'NOV' 1.kI. Â»47 iu~-1 i ' 9/12*1 .,0/Ek'â€¢Â·.1. F...d, nÂ·. 8 iCÂ»CE 5 1.., U ., tl.. 9%1.7 r .4.-3 ', e.Â·r f '1.. \Crl ~1. Â· Figure 1 The Smuggler Park Planned Development was last amended in 1990 through Ordinance 40, Series of 1990 (Exhibit B), which established the current dimensional requirements for Parcel A. Several other amendments have occurred in the past, but the Planned Development Agreement has not been restated to incorporate any of these amendments. This proposed amendment only applies to Parcel A. PROJECT SUMMARY: The applicant would like to restate the Planned Development Agreement. incorporating all previous amendments as a way to simplify and combine all approvals. Additionally, the applicant is requesting Council approval for several additional amendments that focus on design and dimensional requirements. STAFF EVALUATION: Planned Development (Exhibit A): The applicant is requesting several amendments to the Planned Development. Each request is outlined below, and further detailed in Exhibit A. Smuggler Park PD Amendment - Staff Memo 7.11.16 Page 3 of 8 RDS - front porch: The Residential Design Standards requires a front porch that is at least 50 sq. ft. in size. The applicant is requesting a smaller front porch requirement of 25 sq. ft. Most of these lots are 2,000- 3,000 sq. ft., which is much smaller than the average lot in Aspen. A 50 sq. ft. porch can be difficult to achieve on these size lots, given setbacks and parking requirements. There are also several examples of porches that are less than 50 sq. ft. that meet the intent of the standard and are appropriate for the size of development (see Figures 2 & 3). Stafffinds it appropriate to reduce the requirement for this neighborhood, as long as there is still a minimum depth requirement of4 feet. A minimum depth requirement encourages a usable space that staffbelieves is important to a front porch element. / I fâ€¢Em -â€¢S'j~761-t~~J/61/011 I =WI--3 4,/1--7=-27 , lia-~ -61 -~4- Figure 2 Figure 3 RDS - principal window: The Residential Design Standards requires a principal window that is 4 ft. x 4 ft. in size on the front favade. The applicant is requesting a smaller principal window requirement of 2 ft. x 4 ft. Many of the homes in this neighborhood contain principal windows that do not meet the 4 ft. x 4 ft. requirement, but are successful in achieving the intent of the standard (see Figures 4 & 5). Additionally all the properties in Smuggler Park are limited to one story, which creates less options for providing a principal window in addition to a front entrance, garage, etc. Staff finds that a reduced size of 2 ft. x 4 ft. for this neighborhood is appropriate. ..B 10CF~583'- - lith. Fli -+6/..I.=Ir.WhIN;4 -**- - % - -5 - ./.--*... . 6 - %4 .. Figure 4 Figure 5 Smuggler Park PD Amendment - Staff Memo 7.11.16 Page 4 of 8 RDS - lightwell location: The Residential Design Standards prohibit any lightwells between the front-most wall ofa building and the street. The applicant is requesting an exception from this prohibition. The intent of the standard is to minimize negative visual impacts and discourage disconnection between the building and street. The homes in this neighborhood are very close to the street. and although there are no sidewalks, it is still actively traveled by pedestrians. Lightwells on the front of the building have as much or greater impact on the public experience and should be avoided. There are a few examples of where this already exists within Smuggler Park (see Figures 6 & 7). Although these particular instances are quite modest, allowing them outright could lead to much larger more impactful scenarios. Staff finds that an exception from this standards is not appropriate and contrary to the intent of the standard. Â·4 23=**fj']1~ 1 1. .1 1 4 9~ h. | "Â·Â·h J ' i .4Â·14 13* 417.'.'Â·,?'49Â¥- ..69Â¥L.# 1,"g"-'-.*. r , 1 4. , f. , i 11% 1./ 1 2 01Â¤ri I "I""I k- lucil 311.- A- 4... llc ......IK..e c Figure 6 Figure 7 RDS -garage dimensions: The Residential Design Standards require a garage facing a street to be 5 feet less in width than the rest of the living space. The applicant is requesting an exception from this garage width requirement. Elimination of this requirement encourages the front fagade to be dominated by garage doors by allowing them to span the entire width of the fa~ade. There are a few examples of garage dominated fagdes already in Smuggler Park (see Figures 8 & 9). Figure 10 shows a more appropriate proportion of garage to living space that is more in line with the standard. Staff finds that an exception from this standard is not appropriate and contrary to the intent of the standard. Â· 1((iii * - ~11.... 3 'WI._...,~ ..4 r~ Figure 8 Figure 9 Smuggler Park PD Amendment- Staff Memo 7.11.16 Page 5 of 8 P.,41 . . 1 , 1 Â»- A.' ,-~ . t '4 A) , f. f . . 4,0 V ir 7 40' 9, '1 .. '. ht, . - - L - - . I. - r- -- - 1 ~~~s~~ ~ Â·Â·- ./312-039Â£- L Â· Figure 10 Parking requirement: The Smuggler PD Agreement can require up to 5 parking spaces for a property. The specific requirements for parking can be found in Exhibit B. The applicant is requesting parking to be calculated according to the Land Use Code. The current requirements for parking in the PD are much higher than the Code requirement of 2 spaces per unit. There is limited space in this neighborhood and high requirements for parking can consume a large amount of that space. Staff finds that it is reasonable and consistent to apply the same parking requirements to this neighborhood as required by the Code. Combining setback features: The Smuggler PD has a minimum side yard setback of 10 ft. on one side and 0 ft. on the other side, with placement subject to review by the Smuggler Park Architectural Control Committee. This creates consistent separation between the structures and provides a sense of visual continuity from the street. The Code allows several proj ections within the setback, but does not allow them to be aggregated or combined in a manner that supersedes the dimensional limitations of an individual feature. This is done so that setbacks remain generally open yard or landscaped areas that are free from significant development. Smuggler Park PD Amendment - Staff Memo 7.11.16 Page 6 of 8 11 ' t , The applicant is specifically requesting the allowance to combine landscaped areas 30" below grade with lightwells/stairwells within setbacks. Both features are permitted separately, however when they are combined, it creates a lightwell/stairwell within the setback that is larger than what is permitted. Lightwells that are the minimum necessary to meet building code, or 3' x 3% are permitted in a setback. Staff believes that this will encourage large excavated spaces in the side and rear yard which can have a negative effect on the usability of this space, as well as have the effect of extending large amounts of development into the only side yard setback. Staff is not supportive o f this request. Height and roof access: The current PD requires height to be calculated from the midpoint elevation of the lot, but does not address other specifics, such as how to measure different roof types or any height exceptions. The applicant would like retain the same point of measurement, but is requesting that the measurement method in the Code be clarified in the approvals. Staff is supportive of this request as it brings the PD more into alignment with the Code and simplifies the measurement process. The PD currently has a height limitation of 15 feet. This essentially only allows for a one-story building. The applicant is also requesting exceptions from height for rooftop access and amenities in order to gain a de-facto second floor. The Code does not currently allow height exceptions for rooftop railings or amenities for any single-family or duplex homes in residential zone districts. Allowing further development on the roof above the height limit would result in several new features that are not in character with the lower single-story development that has been prominent in this neighborhood for over 30 years. Rooftop development can still reasonably occur within the 15' height limit and staff recommends that no exceptions should be granted. Accessory Dwelling Units (ADUs): The underlying zoning (R-3) permits ADUs, however the PD Agreement does not specify if ADUs are permitted. The applicant is requesting the ability to develop ADUs as permitted by the Code. The APCHA Board reviewed this portion of the application at their April 20 regular meeting. The Board recommends approval of the request to allow ADUs with conditions. The APCHA referral is attached as Exhibit C. Staff is supportive of this request, as any proposed ADU would still be required to comply with other dimensional requirements and meet the ADU design standards in Chapter 26.520.050. Any deviation from these regulations would require an additional board review. Floor Area: The current allowable floor area for each lot is 2,000 sq. ft. The applicant is requesting an increase in allowable floor area to 2,500 sq. ft. Most of the lots in Smuggler Park are about 2,000-3.000 sq. ft. For comparison, properties of this size in the R-6 zone district would be limited to a single- family home of 1,600-2,400 sq. ft. Staff finds that increasing the tloor area by 500 sq. ft. for all properties would encourage more mass above grade with setback to setback development, and further pushing the desire to develop more within the setbacks. Staff is not supportive of this request. Smuggler Park PD Amendment- Staff Memo 7.11.16 Page 7 of 8 R-3 zone district: The applicant is also requesting amendments to the R-3 zone district. The amendments are to modify the purpose language, update the uses to reflect current development and terminology. and amend the setbacks to reflect those of the PI). Staff does not believe that these amendments are necessary at this time and would be better to approach this as a holistic effort to clean up all of the zone districts, instead of piecemeal. Fee waiver: The applicant is also requesting City Council waive the planning application fee. The deposit for the application was $5,850. Based on current billing, it is anticipated that the fee for the application will more likely be around $3,500-$4,000. The applicant believes that the application will be beneficial to both the Subdivision and the City and is attempting to minimize cost to the homeowners, as primary residents in the community. The fee waiver request is attached as Exhibit E to this application. REFERRAL DEPARTMENTS: The application was reviewed by the APCHA Board on April 20. A copy of the recommendation is included in Exhibit C. 9TAFF RECOMMENDATION: Staff recommends City Council approve the following amendments to the Smuggler Park PD: 1. Reduce porch size requirement to 25 sq. ft. with a minimum depth of 4 ft. 2. Reduce principal window size requirement to 2 ft. x 4 ft. 3. Off-street parking shall be provided in accordance with the Land Use Code. 4. The measurement of height shall be that described in the Land Use Code, with the point of measurement being the same as described in the PD. 5. Accessory Dwelling Units (ADUs) clarified as a permitted use. Any proposed ADU shall comply with the requirements o f the Land Use Code. PROPOSED MOTION: "I move to approve a Minor Amendment to Project Review for Smuggler Park Subdivision and Planned Development, with conditions." EXHIBITS: A. Review Criteria - Planned Development Project Review B. Ordinance 40, Series of 1990 C. APCHA referral D. Application E. Fee waiver request Smuggler Park PD Amendment - Staff Memo 7.11.16 Page 8 of 8 40 2 - AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 09, ASPEN LAND USE CODE ADDRESS OF PROPERTY: Â·5:Yn uj,Jlm.r for'L <5-u+Ai vicar-- , Aspen, CO SCHEDULED PUBLIC HEARING DATE: 4Â»g_ 9-14 â‚¬ 5 : 00 f vn , 201G STATE OF COLORADO ) ) SS. County of Pitkin ) 5491 J 536 Are.11 (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: i'< Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen at least fifteen (15) days prior to the public hearing. A copy of the publication is attached hereto. - Posting of notice: By posting of notice, which form was obtained from the Community Development Department, which was made of suitable, waterproof materials, which was not less than twenty-two (22) inches wide and twelity-six (26) inches high, and which was composed of letters not less than one inell in height. Said notice was posted at least fifteen (15) days prior to the public hearing on the day of , 20 ., to and including the date and time of the public hearing. A photograph of the posted notice (sign) is attached hereto. Mailing of notice. By the mailing of a notice obtained from the Community Development Department which contains the information described in Section 26.304.060(13)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to the public hearing, notice Was hand delivered or mailed by first class postage prepaid U.S. mail to all owners of property within three hundred (300) feet of the property subject to the development application. The names and addresses of property owners shall be thoseÂ· on the current tax records of Pitkin County as they appeared no more than sixty (60) days prior to the date of the public hearing. A copy of the owners and governmental agencies so noticed is attached hereto. Neighborhood Outreach: Applicant attests that neighborhood outreach, summarized and attached, was conductid- prior to the first public hearing as required in Section 26:304.035, Neighborhood Outreach. A copy of the neighborhood outreach summary, inch!Â·ding the method of public notification and a copy of any documentation that -was presented to the public is attached hereto. (continued on next page) Mineral Estate Owner Notice. -By the certified mailing of notice, return receipt requested, to affected mineral estate owners by at least thirty (30) days prior to the date scheduled for the initial public hearing on the application of development. The names and addresses of mineral estate owners shall be those on the current tax records of Pitkin County. At a minimum, Subdivisions, SPAs or PUDs that create more than one lot, new Planned Unit Developments, and new Specially Planned Areas, are subject to this notice requirement. Rezoning or text amendment. Whenever the official zoning district map is in any way to be changed or amended incidental to or as part of a general revision of this Title, or whenever the text of this Title is to be amended, whether such revisionbe made by repeal of this Title and enactment of a new land use regulation, or otherwise, the requirement of all accurate survey map or other sufficient legal description of, and the notice to and listing of names and addresses of owners of real property in the area of the proposed change shall be waived. However, the proposed zoning map shall be available for public inspection in the planning agency during all business hours for fifteen (15) days prior to the public hearing on such amendments. Signature The foregoing "Affidavit of Notice"Â·was acknowledged before me this 9 - day of krue- , 201*Jby. 04*.1,1 6,(A SCOJ'C-,0.-~ NOTICE OF PUBLIC HEARING ~~ WITNESS MY HAND AND OFFICIAL SEAL RE: Smuggler Park Subdivision - Public Hearing: June 27, 2016, 5:00 PM Meeting Location: City Hall, City Council Cham- bers 130 S. Galena St., Aspen, CO 81611 Mycommission expires: D.l 1 64 ae Project Location: Smuggler Park Subdivision Legal Description: A tract of land situated in a portion of the East Aspen Townsite Addition, in the , east one-half of the Southwest one-quarter and in the West one-half of the Southeast one-quarter of L 60_ fk,-253,- Section 7, Township 10 South, Range 84 West of the 6th P.M., Pitkin County, Colorado being more Nutary Public fully described as follows; beginning at corner 10 of i said East Aspen Townsite Addition; thence N54Â°52'17"W 58.10 feet to Corner No. 11 of the KAREN REED PATTERSON East Aspen Townsite Addition; thence N45Â°00'00"E NOTARY PUBLIC 50.00 feet; thence NÂ°45Â°30'00"W 220.31 feet; thence S45Â°30'38"W 20.41 feet; thence ' STATE OF COLORADO N43Â°00'00"W 186.17 feel along a fence and exten- tion thereof: thence the following courses and dis- NOTARY ID #19964002767 tances along said fence N47Â°10'00"W 109.00 feet, 1 -- N42Â°30'00"W 33.00 feet. S53Â°30'W 4.00 feet, N Al lACIIMENTS AS APPLICABLE: MyCommission Expires February 15, 2020 5Â°12'59"W 8.O feet, 345Â°00'00Â·W 3.00 feet to the ' gint.&22~955~ thn'mti~5n(22 #4~919&% 'UBLICA TION 105.00 feet to Corner No. 24 of said East Aspen Townsite Addition; thence N24Â°05'24"E 61.97 feet: - OF THE POSTED NOTICE (SIGN) thence N29Â°34'00" E93.55 feet thence ZtnhenceEs/01Â¥4~feei:thence~11511?fi?& 'H'7Â¥ERS,4?Â¥D GOPERNJILENIKLAGENCIES NOTICED 154.57 feet; thence N78Â°25'15"E 77.68 feet: thence N89Â°57'10"2 67.28 feet: thence S21Â°10'00"W 13.82 feet; thence S67Â°40'00"E 152.00 feet; thence 2213%~12404*2%.WZY422& IRTIFICATION OF MINERAL ESTAE OWNERS NOTICE point of beginning. Description: The Applicant is requesting Council BY C.R. S. Â§24-65.5-103.3 approval for several amendments to the Smuggler Park Planned Development that focus on design and dimensional requirements. Land Use Reviews Reg: Minor Amendment to Planned Development Project Review Decision Making Body: City Council Applicant: Smuggler Park HOA, 301 Oak Lane, Aspen, CO 81611 More Information:For further information related to the project, contact Justin Barker at the City of As- pen Community Development Department, 130 S. Galena St., Aspen, CO, (970) 429.2797, justin.barker@cityofaspen.com. Published in the Aspen Times on June 9, 2016 (12159438) 1 - CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: Smuggler Park Subdivision , Aspen, CODE SCHEDULED PUBLIC HEARING DATE: June 27 , zo 16 STATE OF COLORADO ) ) SS. County of Pitkin ) i, Chris Bendon (name, please print) being or representing an Applicant to the City of Aspen, Colorado, hereby personally certifythat I have complied with the public notice requirements of Section 26.304.060 (E) of the Aspen Land Use Code in the following manner: Publication of notice: By the publication in the legal notice section of an official Paperor paperof general circulation in the City of Aspen at least fifteen (15) days priorto the public hearing. A copy of the publication is attached hereto. Posting of notice: By posting of notice, which form was obtained from the Community Development Department which was made of suitable, waterproof Materials, which was not less than twenty two (22) inches wide and twenty-six (26) Inches high, and which was composed of letters not less than one inch in height. Said notice was posted at least fifteen (15) days prior to the public hearing on the 9th day of June , 20 16, 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 mailing of a notice obtained from the Community Development Department, which contains the information described in Section 26.304.060(E) (2) of The Aspen Land Use Code. At least fifteen (15) days prior to the public hearing, notice was hand delivered or mailed by first class postage prepaid U.S mail to all owners of property subject to the development application. The names and addresses of property owners shall be those on the current tax records of Pitkin County as they appeared no more than sixty (60) days prior to the date of the public hearing. A copy of the owners and governmental agencies so noticed is attached hereto. Neighborhood Outreach: Applicant attests that neighborhood outreach, summarized and attached, was conducted prior to the first public hearing as required in Section 26.304.035, Neighborhood Outreach. A copy of the neighborhood outreach summary, including the method Of public notification and a copy Of any documentation that was presented to the public is attached hereto. (Continued on next page) March, 2016 Citv of Aoen I 130 S. Galena St. I (970) 920 5050 .. CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT Mineral Estate Owner Notice. By the certified mailing of notice, return receipt requested, To affected mineral estate owners by at least thirty (30) days prior to the date scheduled forthe initial public hearing on the application of development. the names and addresses of mineral estate owners shall be those on the current tax tax records of Pitkin County. At a minimum, Subdivision, Spas or PUDs that create more than one lot, new Planned Unit Development, and new Specially Planned Areas, are subject to this notices requirement. Rezoning or text amendment. Wheneverthe official zoning district map is in any way to be changed or amended incidental to or as part of a general revision of this Title, to whenever the text of this Title is to be amended, whether such revision be made by repeal of this Title and enactment of new land use regulation, or otherwise, the requirement of an accurate survey map or other significant legal description of, and the notice to and listing of names and addresses of owners of real estate property in the ears of the proposed change shall be waived. However, the proposed zoning during all business hours for fifteen (15) days prior to the public hearing on such amendments. (\.1/%4 Signature The foregoing "Affidavit Notice" was acknowledged before me this ~D~Pl day of ~ U FIg/ ,20_L, by 0#6 *fldo In TARA L. NELSON WITNESS MY HAND AND OFFICIAL SEAL NOTARY PUBLIC STATE OF COLORADO 01*29-l,4 + NOTARY ID 20014030017 My cgmmission expires: MY COMMISSION EXPIRES 09/26/2017 1 ~AtÂ»Â»C Nctary Public ATTACHMENTS AS APPLICABLE: â€¢ COPY OF THE PUBLICATION â€¢ PHOTOGRAPH OF THE POSTED NOTICES (SIGN) â€¢ LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED BY MAIL â€¢ APPLICANT CERTIFICATION OF MINERAL ESTATE OWNERS NOTICED AS REQIURES BY C.R.S Â§24-65.5-103.3 March, 2016 Citv of Aoen I 130 S. Galena St. I (970) 920 5050 iM L2 if % r"... -- ./. '4*Al PUBLIC NOTICE Date; Monday, June 27,2016 Time:_9:00 PM PlaceGity Ha". Council ChambeIA, 130 S. Galena Purpose: , , Applicant (Smugglej-Parkj~104391 Oak Lnz, Aspen, CO 81611)_requests_ Council approval ola_Mjnor Amendment k, PD Project Flm-imy for several ame-ndmentsÂ® the Smuggler Parktanned Development that ___ focus on design and dimensional requirementst For further intormation contact Aspen Ple.nning Dept. al__2 970-920-5090. 3/47; -e . I. - it' I ' 2 'I 4- I THE CrrY OF ASPEN City of Aspen 130 S. Galena Street, Aspen, CO 81611 p: (970) 920.5000 f: (970) 920.5197 w: www.aspenpitkin.com NOTICE OF PUBLIC HEARING RE: Smuggler Park Subdivision Public Hearing: June 27, 2016, 5:00 PM Meeting Location: City Hall, City Council Chambers 130 S. Galena St., Aspen, CO 81611 Project Location: Smuggler Park Subdivision, legally described as: A tract of land situated in a portion of the East Aspen Townsite Addition, in the east one-half of the Southwest one-quarter and in the West one-half of the Southeast one-quarter of Section 7, Township 10 South, Range 84 West of the 6th p.M., Pitkin County, Colorado being more fully described as follows; beginning at corner 10 of said East Aspen Townsite Addition; thence N54Â°52'17"W 58.10 feet to Corner No. 11 of the East Aspen Townsite Addition; thence N45Â°00'00"E 50.00 feet; thence NÂ°45Â°30'00"W 220.31 feet; thence S45Â°30'38'W 20.41 feet; thence N43Â°00'00"W 186.17 feet along a fence and extention thereof; thence the following courses and distances along said fence N47Â°10'00"W 109.00 feet, N42Â°30'00"W 33.00 feet, S53Â°30'W 4.00 feet, N 5Â°12'59"W 8.0 feet, S45Â°00'00"W 3.00 feet to the point of intersection with line 25-24 of the East Aspen Townsite Addition; thence N45Â°12'59"W 105.00 feet to Corner No. 24 of said East Aspen Townsite Addition; thence N24Â°05'24"E 61.97 feet; thence N29Â°34'00" E93.55 feet; thence S61Â°48'00"E 7.00 feet; thence N29Â°03'05"E 102.32 feet; thence south 4.08 feet; thence N37Â°11'41"E 154.57 feet; thence N78Â°25'15"E 77.68 feet; thence N89Â°57'10"E 67.28 feet; thence S21Â°10'00"W 13.82 feet; thence S67Â°40'00"E 152.00 feet; thence S54Â°04'00"E 150.00 feet; thence S44Â°17'00"E 316.50 feet thence S34Â°55'18"W 600.18 feet to the point of beginning. Description: The Applicant is requesting Council approval for several amendments to the Smuggler Park Planned Development that focus on design and dimensional requirements. Land Use Reviews Requested: Minor Amendment to Planned Development Project Review Decision Making Body: City Council Applicant: Smuggler Park HOA, 301 Oak Lane, Aspen, CO 81611 More Information: For further information related to the project, contact Justin Barker at the City of Aspen Community Development Department, 130 S. Galena St., Aspen, CO, (970) 429.2797, iustin.barker@citvofaspen.com. Dear Neighbors and Smuggler, g, k Owners: The Smuggler Park HOA has applied to the City of Aspen to adjust development allowances for the individual lots within Smuggler Park. Many of the City's Residential Design Standards and zoning limitations have been troublesome for homeowners. In the past, homeowners have sought relief individually when they redeveloped. The HOA Board is now seeking a subdivision-wide amendment to the approvals to minimize the difficulty for individual owners. The Smuggler Park HOA is seeking the following: 1) Location and Size of Front Porch: The City's Residential Design Standards allow a front porch within the Smuggler Park and Smuggler Run to be located on the side of the home with a minimum required size of 50 square feet. The HOA has requested this minimum size be reduced 50% to 25 square feet 2) Principal Window Size: The City's Design Standards require a 4' x 4' window or group of windows on the front of each home. The HOA has requested the minimum size be reduced 50% to 2' x 4.' 3) RDS - Lightwell location. The City's Design Standards prohibit lightwells along the front of a home. Smuggler lots have only one side yard and the HOA is requesting the ability to provide lightwells along the fronts of homes. 4) Garage Dimensions. The City's Design Standards require garages to be 5' narrower than the width of the home. This limits most lots to a single-car garage. The HOA has requested relief from this limitation. 5) Parking Requirements. The current parking requirement for Smuggler Park calls for up to 5 parking spaces per lot. This is in addition to the area dedicated to parking between the curb line and each home. The HOA is requesting this be reduced to the regular City requirement of 2 spaces per lot. 6) Combining Lightwells, Stairwells, and Excavated Areas. The City's Code allows yard areas to be excavated 30" below natural grade but prohibits these excavated areas to be adjacent to lightwells and stairwells. The HOA is requesting these features be allowed to be adjacent in side yards. 7) Height and Roof Access. The current approvals cap height at 15 feet. It is measured from the midpoint of the lots average slope but it is unclear whether the top measurement is from the ridge or the midpoint of the roof line, as for all other properties in Aspen. The HOA is asking for clarification on this point. The HOA is also asking for roof-top railings to be allowed. This would enable roof-top decks. 8) Accessorv Dwelling Units. The Park's zoning allows properties to contain an Accessory Dwelling Unit. The City has asked the HOAto state its opinion regarding ADUs. The HOA is comfortable with the current allowance. 9) Floor Area. Park properties are currently limited to 2,000 square feet with basements counting 50% towards this allowance. This basement measurement is stricter than for other properties in Aspen. When a basement is developed, a typical Park property is limited to 1,200-1,500 square feet of above grade living space. The HOA is requesting the floor area limit be raised to 2,500 square feet. 10) R-3 Zone District Amendment. The R-3 District encompasses Smuggler Park and Smuggler Run subdivisions. The HOA is requesting the zoning be amended to allow single-family homes and to reflect current lot layouts. Our relationship with you as a neighbor is vitally important to each and every member of the Smuggler Park HOA Board. Our hearing with the City will be on June 27th, 2016, at 5 pm in City Hall. You can express your opinions to City Council directly at that meeting or send your comments in advance to the staff planner, Justin Barker. You can also talk with the HOA's representative, Chris Bendon at 925.2855 or chris@bendonadams.com. Thank you and see you around the neighborhood. Copy of detailed public notice mailing for Respectfully, required neighborhood outreach, sent to Smuggler Park HOA Board all owners within the subdivision and surrounding 300 feet. Pitkin County Mailing List of 300 Feet Radius From Subdivision: Smuggler Park on 06/05/2016 4),THIN ' Couivrr* Â©000\Q) Instructions: This document contains a Mailing List formatted to be printed on Avery 5160 Labels. If printing, DO NOT "fit to page" or "shrink oversized pages." This will manipulate the margins such that they no longer line up on the labels sheet. Print actual size. Disclaimer: Pitkin County GIS presents the information and data on this web site as a service to the public. Every effort has been made to ensure that the information and data contained in this electronic system is accurate, but the accuracy may change. Mineral estate ownership is not included in this mailing list. Pitkin County does not maintain a database of mineral estate owners. Pitkin County GIS makes no warranty or guarantee concerning the completeness, accuracy, or reliability of the content at this site or at other sites to which we link. 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The user understands he or she is solely responsible and liable for use, modification, or distribution of any information or data obtained on this web site. http://www. pitkinmapsandmore.com MAPLE CHARLES A & BRYCE M BUSCH JON LOWELL BYARD ANNE/MORRIS JAMES LIV TRUST 927 GIBSON AVE 548 RACE ST 860 GIBSON AVE ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81611 GREENWOOD GRETCHEN CLEAVER CHRISTIN CLARK GIBSON MATCHLESS LLC 210 S GALENA ST #30 512 SPRUCE ST 1924 PIEDMONT CIR NE ASPEN, CO 816111957 ASPEN, CO 81611 ATLANTA, GA 30324 VAN METER FAMILY LIVING TRUST ASPEN STREAM LLC WALDRON K BRENT 1352 BAY ST 444 N MICHIGAN AVE #2905 PO BOX 4900 ALAMEDA, CA 94501 CHICAGO, IL 60611 ASPEN, CO 81612 GREENWOOD KRYSTINA HAT COLORADO LLC MAINIAC PROPERTIES LLC 1050 MATCHLESS DR #2 10866 WILSHIRE BLVD #1100 201 US ROUTE 1 #226 ASPEN, CO 81611 LOS ANGELES, CA 90024 SCARBOROUGH, ME 04074 VARE DARLENE DESEDLE TRUST BLEEKER STREET REV TRUST FIORONI CYNTHIA L & PETER K 1024 19TH ST #7 PO BOX 22 10 AJAX LN SANTA MONICA, CA 90403 ASPEN, CO 81612 ASPEN, CO 81611 DRISCOL JAMES & TAMMIE BERGMAN LINDA BERGMAN CARL R & CATHERINE M 12 AJAX AVE PO BOX 1365 PO BOX 1365 ASPEN, CO 81611 ASPEN, CO 81612 ASPEN, CO 81612 GOLDMAN MICHAEL A SHERIDAN DANIEL P PEGLER SARAH F & ANDREW C 16 AJAX AVE 18 AJAX AVE 20 AJAX AVE ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81611 ROURKE DORA H ARTHUR STEPHEN F LUNDY KARON 22 AJAX AVE PO BOX 4871 PO BOX 3804 ASPEN, CO 81611 ASPEN, CO 81612 ASPEN, CO 81612 MCCULLOCH CHERYL FUCHS WAYNE F BROMKA KAREN S & BARRY J 9 AJAX AVE PO BOX 10323 11 AJAX AVE ASPEN, CO 81611 ASPEN, CO 81612 ASPEN, CO 81611 COMAN MARY A & BRAD ROEDER JOSEPH ADAM & JENNIFER SMUGGLER RACQUET CLUB 13 AJAX AVE 15 AJAX AVE PO BOX 8788 ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81612 CHRISTOPHER MICHAEL ALLEN DOUGLAS P GRAHAM GERALDINE HARPER REV TRUST 130 MAPLE LN 403 LACET LN PO BOX 9277 ASPEN, CO 816112179 ASPEN, CO 81611 ASPEN, CO 81612 SIMPSON PATRICIA A & CHARLES W DELARBRE ALEXANDRA GONZALESANNE 116 MAPLE LN 200 COTTONWOOD LN 119 MAPLE LN ASPEN, CO 81611 ASPEN,CO 81611 ASPEN, CO 81611 MACK EDWARD E TRUST PETTUS KRISTINA & WYATT VANHOY DONNA & JERRY 321 N CLARK ST #1000 1600 RANDY DR 323 OAK LN CHICAGO, IL 60654 GRAHAM, TX 76450 ASPEN, CO 81611 HAUERMINEKO CITY OF ASPEN PITKIN COUNTY 202 COTTONWOOD LN 130 S GALENA ST 530 E MAIN ST #302 ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81611 LIPSEY WILLIAM S GIRVIN LINDA A LAWRENCE LARRY S QPR TRUST 955 KING ST 414 N MILL ST 8560 RUETTE MONTE CARLO ASPEN, CO 81611 ASPEN, CO 81611 LA JOLLA, CA 92037 LAWRENCE MARA B QPR TRUST MARZIALE ANTONIO FRONTIER LLC 8560 RUETTE MONTE CARLO 15201 MASON RD #1000 PMB 375 PO BOX 27395 LA JOLLA, CA 92037 CYPRESS:TX 774335977 OMAHA, NE 681270395 HARRIS DAVID G REV TRUST HARRIS MARGARET A REV TRUST 936 KING LLC 533 SPRUCE ST 533 SPRUCE ST 0133 PROSPECTOR RD #4102B ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81611 TASSE JEFF MCGUIRE MARY SOSNA DOMINIKA 37 HOOK ST 37 HOOK ST 113 MAPLE LN SOUTHBRIDGE, MA 01550 SOUTHBRIDGE, MA 01550 ASPEN, CO 81611 ELA CHARLES S REYNOLDS THOMAS S FISHER MORGAN 140 MAPLE LN 228 COTTONWOOD LN 228 COTTONWOOD LN ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81611 TEUSCHER JONATHAN W & ANNETTE L D&L GORDON FAMILY LLC PATTERSON KAREN & CHARLES 126 MAPLE LN 15 W 53RD ST #166 129 MAPLE LN ASPEN, CO 81611 NEWYORK, NY 100195401 ASPEN, CO 81611 ZAHARKO WENDY HOCH DAVID J RUEGGEBERG CHRISTINE & MICHAEL 307 OAK LN 311 OAK LN PO BOX 9313 ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81612 BURNS MICHAEL R & TAMRA L FINESILVER JEFF JUNGQUIST TERRI L REV TRUST 321 OAK LN 117 MAPLE LN 6348 HWY 36 BLVD #8 ASPEN, CO 81611 ASPEN, CO 81611 SAINT PAUL, MN 55128 JUNGQUIST DAVID J REV TRUST LEBBY FAMILY TRUST DANFORTH DAVID N 6348 HWY 36 BLVD #8 PO BOX 1352 PO BOX 1863 SAINT PAUL, MN 55128 ASPEN, CO 81612 ASPEN, CO 81612 CURLEY LESLIE DIANE BROOKS LAURIA J EARL MONTY & CAMILLA PO BOX 8783 3009 SE 19TH PL 114 MAPLE LN ASPEN, CO 81612 CAPE CORAL, FL 33904 ASPEN, CO 816112175 THALBERG K MARITAL INC TRUST WARMING SOLVEIG ROYER CHRISTOPHER I & ELANA W 128 HITCHING POST RD 120 MAPLE LN 121 MAPLE LN BOZEMAN, MT 59715 ASPEN, CO 81611 ASPEN, CO 816112176 PERKINS WENDY LIVING TRUST BREBNER RICHARD CRAVEN ELLYN KATHLEEN 122 MAPLE LN 124 MAPLE LN 124 MAPLE LN ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81611 RYAN MARTHA SMALLS RAY CURTIS DEBRA 127 MAPLE LN PO BOX 3197 142 MAPLE LN ASPEN, CO 81611 ASPEN, CO 81612 ASPEN, CO 81611 OAKES KEN SERIES A OF NEVADA LOOMIS LLC MURRAY TERRY 204 COTTONWOOD LN 206 COTTONWOOD LANE 208 COTTONWOOD LN ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81611 HYDER GENE BARNEY DESIREE H & SAMUEL T RATHBUN W DON 209 COTTONWOOD LN 211 COTTONWOOD LN PO BOX 1573 ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81612 CORBIN SUYDAM CLAPPER THOMAS C KAY PATRICIA C 217 COTTONWOOD LN 218 COTTONWOOD LN 218 COTTONWOOD LN ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81611 JOHNSON LUKE JOHNSON NATALIE PATRICIA VON RENKL KALLEN 2501 W ORANGE GROVE RD #142 2501 W ORANGE GROVE RD #142 221 COTTONWOOD LN TUCSON, AZ 85741 85741, AZ 85741 ASPEN, CO 81611 LEMLEY EVA RICKENBAUGH ANNE ANDERSON BRETT & ALLISON 222 COTTONWOOD LN 223 COTTONWOOD LN 226 COTTONWOOD LN ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81611-2183 SAGAL PATRICK WEISS DAVID HELLWIG CHARLES 229 COTTONWOOD LN PO BOX 11911 306 OAK LN #306 ASPEN, CO 81611 ASPEN, CO 81612 ASPEN, CO 81611 MCILROY TRACY POWELL MARY FFLANCES CAMPAIGNE CHRISTOPHER C & ELIZABETH 306 OAK LN #306 308 OAK LN 309 OAK LN ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81611 LOUTHIS PATRICIA ANN ANDERSON TIMOTHY J LYLES DARRYL PO BOX 48 316 OAK LN 318 OAK LN ASPEN, CO 81612 ASPEN, CO 81611 ASPEN, CO 81611 FONTANA WILLIAM 324 OAK LANE LLC SCHLUNDT SUSAN PO BOX 3313 40 BROWN CT 326 OAK LN ASPEN, CO 81612 CARBONDALE, CO 81623 ASPEN, CO 81611 COSTELLO STEPHANIE TRUST ZUPANCIS ROBERT L SNOW ORCHID LLC 328 OAK LN PO BOX 9609 1125 SAN MATEO DR ASPEN, CO 81611 ASPEN, CO 81612 MENLO PARK, CA 94025 GREENWOOD WILLIAM S BECK JEFFREY L & JANET SUE ROCKY MTN PROPERTY 11 LLC PO BOX 4778 6211 RAINTREE CT 73 SMUGGLER GROVE RD ASPEN, CO 81612 DALLAS,TX 75254 ASPEN, CO 81611 FARR TENA D 1989 TRUST BRADLEY EDWARD W & JANIE G GOLDSTEIN GERALD H & CHRISTINE S PO BOX 7534 3002 S LIPSCOMB PO BOX 2045 SPRECKELS, CA 93962 AMARILLO, TX 79109 ASPEN, CO 81612 B & Z 2010 REV TRUST Z & B 2010 REV TRUST HAUENSTEIN WARD & ELIZABETH 728 E FRANCIS 728 E FRANCIS 535 SPRUCE ST ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81611 FARR TENA D LANG DONALD W KASABACH JACQUELYN A PO BOX 7534 PO BOX 4166 PO BOX 4166 SPRECKELS, CA 93962 ASPEN, CO 81612 ASPEN, CO 81612 HATANAKA HOWARD I TROUSDALE JEAN VICK 990 KING ST UNIT #2 LLC 980 KING ST PO BOX 9983 1295 RIVERSIDE DR ASPEN, CO 81611 ASPEN, CO 81612 ASPEN, CO 81611 WAGAR RICHARD H 990 KING ST UNIT #4 LLC LOEWENSTERN CAROL TRUST PO BOX 9063 1295 RIVERSIDE DR 910 GIBSON AVE ASPEN, CO 81612 ASPEN, CO 81611 ASPEN, CO 81611 GUTHRIE AMY L SMART JEFFREY & KAREN E DODARO CHRISTINE M & PETER W 2 AJAX AVE PO BOX 10651 930 MATCHLESS DR ASPEN, CO 81611 ASPEN, CO 81612 ASPEN, CO 81611 HEARTSTONE LLC GILE ROBERT B 111 931 GIBSON LLC PO BOX 151 PO BOX 1198 623 E HOPKINS ASPEN, CO 81612 MINTURN, CO 81645 ASPEN, CO 81611 DOUGHERTY THOMAS P BECKER ALAN K TRUST ERSPAMERJOHN 5317 LIMESTONE RD 950 MATCHLESS DR 534 SPRUCE ST#1 WILMINGTON, DE 19808 ASPEN, CO 81611 ASPEN, CO 81611 POUTOUS MARCIA SEYMOUR FAMILY TRUST VOLK EVERGREEN LLC 534 SPRUCE ST #1 390 N SPRING ST 730 BAY ST ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 816111468 ASPEN JOY LLC SMUGGLER HOMEOWNERS ASSOCIATION FOERSTER JAMES 150 COVINGTON DR 0134 MAPLE LN BLOOMINGDALE, IL 60108 ASPEN, CO 81611 ASPEN, CO 81611 HAMILTON VIRGINIA RUTH GONZALES STEVE GONZALES LISA 0134 MAPLE LN 105 MAPLE LN 105 MAPLE LN ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81611 CAMPBELL BEVERLYANNE KING CHRISTOPHER & DONNA CLOUATE LAWRENCE THEODORE W & CAROLYNDA C 207 COTTONWOOD LN PO BOX 3065 314 OAK LN ASPEN, CO 81611 ASPEN, CO 81612 ASPEN, CO 81611 FORDE CANDICE MARIE GALL STEPHEN & DESIREE RUGGIERI LISA ANN ~ 210 COTTONWOOD LN 216 COTTONWOOD LN 136 MAPLE LN ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81611 NAKAGAWA HEITOR H & JUDITH E BOYLES BARBARA LIV TRUST MAGILL REBECCA N 312 OAK LN PO BOX 192 227 COTTONWOOD LN ASPEN, CO 81611 ASPEN, CO 81612 ASPEN, CO 81611 MILLER THOMAS F 40% CLARENCE JUSTIN KIERNAN KATHLEEN 227 COTTONWOOD LN 212 COTTONWOOD LN 212 COTTONWOOD LN ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81611 VETROMILE RICHARD & DENISE B PADDEN KEVIN J & NINA K JOHNSON ELIZABETH A 310 OAK LN 224 COTTONWOOD LN 115 MAPLE LN ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81611 MILLER TROY C & CHRISTINA L CAIN JOHN J TRUST JACOBS JIM 213 COTTONWOOD LN 18160 COTTONWOOD RD #375 15 WYANTENUCK ST ASPEN, CO 81611 SUNRIVER, OR 97707 HOUSATONIC, MA 012369713 BAKER KIRK S STROBL MARIO J DILLON RAY IV 315 OAK LN 110 MAPLE LN PO BOX 10543 ASPEN, CO 81612 ASPEN, CO 81611 ASPEN, CO 81612 VANVLEET CHELSEA TAYLOR HANEK PARTNERSHIP GALLUCCIOVINCENT PO BOX 10543 231 COTTONWOOD LN 325 OAK LN ASPEN, CO 81612 ASPEN, CO 81611 ASPEN, CO 81611 LINDENAU BEYRON R PHILLIPS JOHN E & LYNN D GELLERT MICHAEL D & LACEY M 320 OAK LANE 305 OAK LN PO BOX M ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81612 SHEEBERAIMEE KNIGHT ERIC B JUNG DENNIS PAUL & LISA KANE 138 MAPLE LN 138 MAPLE LN PO BOX 8351 ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81612 BERKMAN KATHY K & ANDREW E KAUFMAN STEPHEN M TRUST BASS ASPEN LLC 3706 SUNSET BLVD 5120 WOODWAY #6002 PO BOX 9096 HOUSTON, TX 77005 HOUSTON, TX 77056 ASPEN, CO 81612 Â· WHITE RIVER REAL ESTATE LLC FOX CROSSING PROPERTIES LOTS 4&6 LL{ WALSH GRAHAM 345 GREENWICH ST #6B 6330 MERCER ST 1330 W 29TH ST NEWYORK, NY 10013 HOUSTON, TX 77005 MIAMI BEACH, FL 331404273 MAHER WALSH CANDACE FOX CROSSING PROPERTIES LLC CENTENNIAL ASPEN 11 LP 1330 W 29TH ST 3000-F DANVILLE BLVD #500 100 LUKE SHORT MIAMI BEACH, FL 331404273 ALAMO, CA 945071572 ASPEN, CO 81611 RACQUET CLUB CONDO ASSOC ALPINE ACRES #1 CONDO ASSOC BELINDA BEE CONDO 1000 MATCHLESS DR 980 GIBSON AVE 990 KING ST ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81611 BENNETT CONDO ASSOC BROWNELL CONDO ASSOC SPRUCE PLACE TOWNHOMES HOA 534 SPRUCE ST 996 GIBSON AVE COMMON AREA ASPEN, CO 81611 ASPEN, CO 81611 511 SPRUCE ST ASPEN, CO 81611 BURTIN JORGE & ROSALBA TRUST JKB INVESTMENT COMPANY LLC FOX CROSSING CONDO ASSOC 2543 MONACO DR 31200 NORTHWESTERN HWY COMMON AREA LAGUNA BEACH, CA 92651 FARMINGTON, MI 48334 ASPEN, CO 81611 RIVERS EDGE CONDO ASSOC URBAN BLIGHT CONDO ASSOC FOXY LLC COMMON AREA COMMON AREA 15280 ADDISON RD#301 851 GIBSON AVE 925 GIBSON AVE ADDISON, TX 75001 ASPEN, CO 81611 ASPEN, CO 81611 FISHMAN FAMILY TRUST LOEWENBERG 2007 TRUST LEVIN RONALD 16830 VENTURA BLVD #400 225 N COLUMBUS DR #100 230 N DEERE PK DR ENCINO, CA 91436 CHICAGO, IL 60601 HIGHLAND PARK, IL 60035 PATRICIA CONDO ASSOC JUST HAVE FUN LLC PALMER ROBERT B COMMON AREA 450 NEWPORT CENTER DR STE 570 3378 BLACKBURN ST 980 KING ST NEWPORT BEACH, CA 92660 DALLAS, TX 75204 ASPEN, CO 81611 ASPEN VIEW RESIDENCES CONDO ASSOC WALNUT STREET TOWNHOMES ASSOC 119 NEALE AVE LLC COMMON AREA COMMON AREA PO BOX 3123 798 GIBSON AVE 506 WALNUT ST ASPEN, CO 81612 ASPEN, CO 81611 ASPEN, CO 81611 HARRIS FAMILY TRUST GSS SPRUCE LLC MALTER MARCI A REV TRUST 117 NEALE AVE PO BOX 3377 1754 W SURF ST ASPEN, CO 81611 BASALT , CO 81621 CHICAGO, IL 60657 SCHREIBER RON ' 3101 S OCEAN DR #2308 HOLLYWOOD, FL 330192837 Regular Meeting Aspen Citv Council May 23,2016 set back variances. HPC approved the project by a 4 to 0 vote. Staff recommends supporting the HPC decision. Two board members had to recuse themselves due to living in the neighborhood, one worked on the project and one was absent. Councilwoman Mullins stated she supports the decision. Councilman Daily said he wants to be sure there are no conflicts for removing the development rights then asking for more. Ms. Simon said they have this conversation each time people ask for TDRs. The bonus has to be earned and HPC has high standards for it. It did not take away their opportunity to ask for the bonus. Councilman Myrin asked about the set back issue. Ms. Simon said the alternative would be to stack or offset in a way not meant to be. HPC though it was a better choice. Councilman Frisch said it will not be called up. ORDINANCE #12, SERIES OF 2016 - Smuggler Park Subdivision - Minor Amendment to Planned Development Project Review Justin Barker, community development, said this started off as four parcels and is now down to three. There are 87 home lots and it is zoned as R3. There have been several amendments since 1982. None of the amendments have been incorporated in the PD. The applicant is proposing to restate the planned development agreement to incorporate all of the amendments and is also requesting Council approval for several amendments that are more focused on design aspects and dimensional requirements. They are asking to exempt four of the residential design standard requirements. to align the parking requirement with the code, setback and height requirements and exceptions. allow ADUs as a permitted use and an increase in the allowed floor area. They are also asking for amendments for the R3 zone district. The applicant is also requesting a fee waiver for the planning application fee. Staff recommends approval and to schedule the second reading for June 27th. Councilman Myrin asked to have the concerns about the roof top access addressed at second reading. He also asked for more information about the PD amendment versus a change to the R3 zoning. He said his preference is a change to the zone. Councilwoman Mullins asked for clarifications to the garage dimensions and asked for one of conforming. She also asked for more explanation in the R3 zone in regards to holistic versus piecemeal. For the fee waiver she would like more explanation on the justification. Councilman Frisch asked how does this fit in to the moratorium and will this distract us from the big picture. Councilman Frisch moved to read Ordinance #12, Series of 2016; seconded by Councilwoman Mullins. All in favor, motion carried. ORDINANCE NO. 12 (SERIES OF 2016) AN ORDINANCE OF THE CITY OF ASPEN CITY COUNCIL GRANTING MINOR PLANNED DEVELOPMENT AMENDMENT APPROVAL FOR THE SMUGGLER PARK SUBDIVISION Councilman Frisch moved to adopt Ordinance #12, Series of 2016 on first reading; seconded by Councilwoman Mullins. Roll call vote. Councilmembers Mullins, yes; Frisch, yes; Myrin, yes; Daily, yes; Mayor Skadron, yes. Motion carried. 4 41 1&&21-1.... J-6/ MAY 2 7 2016 C'TY(*01''CAN Â® BendonAdams May 27,2016 Mr. Justin Barker, AICP Senior Planner City of Aspen 130 So. Galena St. Aspen, Colorado 81611 RE: Review Fees Waiver Request Mr. Barker: The Smuggler Park Homeowners Association respectfully requests waiver of the City review fees associated with the Planned Development Amendment application. The application seeks to align requirements and expectations of the Park with City interests, principally around the newly revised Residential Design Standards and by amending and re-stating Planned Development standards that have been patched together over time. The Park sees this effort as beneficial to both the Park and to the City. The HOA's interest is to minimize costs to the 87 homeowners, both in this effort and for individual owners as they improve their properties in the future. Park residents are working locals and the HOA Board is focused on minimizing operational costs for the residents. The issue of review fees was discussed during the hearing for the adoption of the revised Residential Design Standards (January 11, 2016). The Smuggler Park HOA representatives, Troy and Sam, as well as other residents expressed concern about the extent of City fees. Troy and Sam sensed some appreciation and sympathy on behalf of City Council and felt encouraged to make this request. We fully understand the discussion was not definitive and know that City Council's waiving or lowering of fees is discretionary. The Smuggler Park HOA will pay all un-waived fees in full. Kind Regards, 04#12 Chris Bendon, AICP Principal BendonAdams, LLC 300 SO SPRING ST 1 202 1 ASPEN, CO 81611 970.925.2855 1 BENDONADAMS.COM 2016-03-27 Existing Conditions - Porches & Principal Window Groups Porch SF Principal Window Street Facing LL (50sf or or Window Group Street or Side Garage Two or One Egress Element Address greater) (16sf or greater) facing entrance (Y/N) Car Garage (Y/N) Notes Long axis faces 101 Maple No Yed Street Yes Two No Maple -~-105 Maple Yes No Street No N/A No 106 Maple No No Side No N/A No Maybe - looks / 107 Maple No close Side No N/A No No, unless O you count 9., 9(-108 Maple parking No Side No N/A No Has carport. r,-i. 109 Maple No Yes Side No N/A No U f 110 Maple No No Street Yes Two No C 111 Maple No Yes Side No N/A No L. 4 112 Maple No No Side No N/A No U ! 113 Maple Yes Yes Side No N/A No f Doorto nowhere, porch 114 Maple No No Street, see note No N/A Yes, stairs to LL to nowhere 115 Maple No No Side No N/A No 116 Maple No No Street No N/A No No, not Maybe - looks 117 Maple visible close Side No N/A No Maybe, looks * Maybe behind Bill Sterling's 118 Maple close No Street No N/A fence U n it Yes, does not comply with current 119 Maple No r Yes Side No N/A std 120 Maple No No Side No N/A No 121 Maple No No Side No N/A No 122 Maple No No Street No N/A No i 9102 Z I BdV N3dSÂ¥ 30 A 10 123 Maple Yes No Side No N/A No 124 Maple NO No Side No N/A No Carport Yes, with corneg *Window mulled toJ 125 Maple No Â¥two dble hung'~ Side No N/A No 126 Maple No No Side Yes Two No 127 Maple Yes Yes Street No N/A No 128 Maple No No Street Yes One No 129 Maple Yes Yes Side No N/A No 130 Maple No No Street Yes One No 132 Maple No No Side No N/A No No vehicle access through 134 Maple No No Side Yes One, maybe No Smuggler 136 Maple Yes No Side No N/A No 138 Maple Yes No Side No N/A No No, not 140 Maple visible No Side Yes Two No 142 Maple No No Side No N/A No 200 Cottonwood No No Street No N/A No Yes, twvnulled:~ 202 Cottonwood Yes ' , winEWi Side No N/A No 204 Cottonwood ~ Yes ' No Side No N/A No 206 Cottonwood No No Side No N/A No Lot has Oak 207 Cottonwood ; Yes 7 F Yes' Side No N/A No parking access No, not 208 Cottonwood visible No Side Yes One No 209 Cottonwood No Yes, deck doors Side No N/A No 210 Cottonwood t Yes No Street No N/A No 211 Cottonwood No No Street No N/A No yes, uppeu 4~212 Cottonwood No Findow group' Street No N/A No Carport Yes, street facing sliding door/window, 213 Cottonwood No group Side No N/A No 214 Cottonwood No No Side No N/A No 215 Cottonwood No Yes Side No N/A No 216 Cottonwood No No Side No N/A No No image 217 Cottonwood No Yes Side No N/A No 218 Cottonwood No No Side No N/A No 219 Cottonwood No No Side No N/A No 220 Cottonwood No No Side No N/A No 221 Cottonwood No No Side No N/A No 222 Cottonwood No No Side No N/A No 223 Cottonwood Yes Yes Side No N/A No 224 Cottonwood No No Side No N/A No Yes, does not comply with current 225 Cottonwood No 'Yer Side No N/A std -*226 Cottonwood Yes NO Side Yes Two No 227 Cottonwood aybe, looks cio Yes Side No N/A No 228 Cottonwood Yes No Street No N/A No Image does not 229 Cottonwood 1 Yes Wes M Side No N/A No capture entry 231 Cottonwood No No Side No N/A No 301 Oak Yes Yes, 3 mulled units Street No N/A No No, not 303 Oak visible Yes"i Side No N/A No 305 Oak No No Side No N/A No Long axis faces 306 Oak No Yes"' Street No N/A No Oak -~-308 Oak No No Side Yes One Yes 309 Oak No No Side No N/A No Yes, three sided-W 310 Oa k No 'projection f Side No N/A No No, not 311 Oak visible No Side No N/A No 312 Oak No No Street, set back Yes Two No 313 Oak No No Side No N/A No . No, not 314 Oa k visible NO Side No N/A No 315 Oa k No Yes Side No N/A No No, not 316 Oa k visible No Side No N/A No Basement egress element stair visible from 317 Oak No Yes Street, set back Yes One Yes street No, not yes, appears to 1~, - 318 Oak visible Elose' Side No N/A No Maybe, look8 ~319 Oak - Closdi Yes' Side No N/A No, egress at side Carport Yes, appears to bed Yes, behind 320 Oak No Clo569 Side No N/A frontmost fagade 321 Oak Yes No Side No N/A No 322 Oak No No Side No N/A No 323 Oak Yes, elevated ' Yes Street, elevated No N/A No, egress question Recent build, Yes, door &1 same time as 324 Oak 'Yes 'window Street Yes Two No 114 Maple No, not at 325 Oak entry door Ye5 Street No N/A No 326 Oak No No Side Yes Two NO L Yes, Yes, appears to be, 328 Oak pEpressejl Elosd Side No N/A No 22 32/ 4 arb ... .1 . 7 4, -,r ! * 4 4. ,47';h /4, INkt .,49 ./4 . owl , *44.14 ' 40 , .:fÂ¥ :~r.b 0. 4. h.ht 4,/**i T: TO 2 5 -41**002 #,Â· -7*~44.' j -6 . . /7~ Â·Â»* emiFy -- . 34 - .,1 7 1, OIl . ijur,= . 5 . 4. 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'. 1 . 01 t. . .: r'-~pÂ· . .1 n 4 -W MAR 9 2016 EI~ZZ///~m/11 Fee Waiver Request Form N c , i i.*r: a 4,7 City of Aspen THE CITY OF ASPEN Community Development Department This form must be submitted to the Community Development Director. You will be notified when a decision has been made. For what fees are you requesting waiver? [3 BUILDING Ef PLANNING Applicant Name:949)11eiT;*4- f\~â€¢fl-?D.i AA\liu- Contact Ph.# 910.Â¥ill Department or Mailing address: *~ ~ 61- D AN-1 E-mail address 181196rgbwÂ¥41. ca,â€¢ i <Cirit Q.bewle- RAARAS..coÂ·+Â· Project address: 11>1 Â¢2.k. 1.Me ) A=ps., Project description:lAD#i,blebwl*e,AL Fee Breakdown: 1111.114'11''L:-,74&,411â€¢'1~1121â€¢ 41:;Â·! Requested Requested Fee Description Fee Amount Fee Description Fee Amount Waiver Waiver Energy Code Fee REMP Fee Excavation Foundation Fee Zoning Review Fee Inspection Fee Planning Application Fee 4,0 499 Permit Fee HPC Application Fee Plan Check Other: 1=:Ii.*. 5 ~~1â‚¬- qgr â‚¬334 Bes' vzâ‚¬ Total of Request: $ 9859- Reason for Waiver: U City General Fund Department - 100% waiver O City Capital or Other Department - 50% waiver ~Waived or decreased by City Council (please provide documentation,Aicud 40â€¢frugâ€¢6:.. 0 Other - Please explain with attached letter of request 01#RQ 4,14.,A4*w; *DApÂ«UJ 440 9.16 Applicant Signature Date For office use only: [3 APPROVED [3 DISAPPROVED Total fees waived: $ Community Development Director Date - 1 2 ar; 3 Vtif \11 1 1 Â·-,-\ 1 1 i THE CITY OF ASPEN Land Use Application Determination of Completeness Date: January 19,2016 Dear City of Aspen Land Use Review Applicant, We have received your land use application for Smuggler Park Minor Planned Development Amendment - Project Review and reviewed it for completeness. O Your Land Use Application is incomplete: Please submit the following missing submission items so that we may begin reviewing your application. No review hearings will be scheduled until all of the submission contents listed above have been submitted and are to the satisfaction of the City of Aspen Planner reviewing the land use application. El' Your Land Use Application is complete: If there are not missing items listed above5 then your application has been deemed complete. Please submit the following to begin the land use review process. â€¢ One electronic copy, in PDF format to Hillary.seminick@cityofaspen.com Other submission items may be requested throughout the review process as deemed necessary by the Community Development Department. Please contact me at 429-2741 if you have any questions. Thank You, 7. 6 1-- '07IEZ-*Byligk, Planner / City of Aspen, Community Development Department For Office Use Only: Qualifying Applications: Mineral Rights Notice Required New PD AL_ Yes- No ,/' Subdivision, or PD (creating more than 1 additional lot) vic- GMQS Allotments Residential n_c. Affordable Housing AG-- Yes No v/ Commercial I.A. c_ E.P.F. Vlc.... Lodging 140... Â® BendonAdams February 18, 2016 RECEIVED Mr. Justin Barker, AICP FEB 1 8 2016 Senior Planner City of Aspen CITY OF ASPEN 130 So. Galena St. JOUM!*TY 39/ELOPMENT Aspen, Colorado 81611 RE: PD Amendment - Smuggler Park Subdivision/Planned Development Mr. Barker: Please accept this request to amend the Smuggler Park Subdivision/Planned Development. As you know, the Smuggler Park HOA followed the Residential Design Standards amendments adopted recently by the City through Ordinance 48, Series 2015. The HOA requested a few amendments to the Standards hoping to achieve some flexibility with recurring issues they have experienced as homeowners. The City did not adopt those changes, but did express some sympathy and directed the HOA to seek an amendment to the Planned Development approvals. As an unrelated issue, one homeowner was concurrently seeking flexibility in the way window wells are regulated and that item has been integrated into this request. Development in the Park is controlled by the limitations set forth in Ordinance 40, Series 1990. The Park would like to restate these limitations, in addition to documenting any approved amendments outlined below. A new Amendment/Restated Planned Development Agreement will provide clarity for homeowners and City review staff. Parcels in Smuggler Park are small, narrow, and do not enjoy alley access. Homes are limited to one story in height and 2,000 square feet. The City's Residential Design Standards apply city- wide and are workable on larger lots with more flexibility. Attaining reasonable livability and compliance with design standards has been a recurring design challenge for Smuggler park homeowners. The Smuggler Park HOA is seeking an amendment to the Planned Development approval to accomplished the following: 1) RDS - Location and Size of Front Porch: The recently adopted Residential Design Standards allow a front porch within the Smuggler Park and Smuggler Run to be on the side of the home. This adjustment was much needed given the typical layout of a Park residence and is appreciated. The Park requests the minimum size for a front porch be reduced to 25 square feet to accommodate the small size of the homes and the lots. We believe this will still enable a visible entryway and achieve the purposes of this standard. 300 SO SPRING ST 1 202 1 ASPEN, CO 81611 970.925.2855 1 BENDONADAMS.COM Smuggler Park PD Amendment page 2 2) RDS - Principal Window Size: The recently adopted Residential Design Standards require a 4' x 4' window or group of windows on the front of the home. We agree that blank walls facing a street do not create friendly neighborhoods. Considering a typical layout of these homes, with a bedroom in the front and a short width, this requirement can create an uncomfortable living space and is out of proportion with these buildings. We request reducing this requirement to 2' x 4', effectively half the standard requirement, either as a single window or a group of windows. 3) RDS - Liqhtwell location: The Residential Design Standards do not permit lightwells in front of a street facing wall of a home. We understand that the intent is to avoid large moats around buildings. Our typical development is 0' setback along one side of our lots with a remaining side yard. The requirement necessitates all light wells being placed in our remaining sideyard and this really hampers the utility of this space for a patio or garden. Our request is to allow lightwells along the street side as long as they are incorporated into another element such as a porch. We believe this will avoid the moat effect and provide us with a little more flexibility for sideyards. 4) RDS - Garage Dimensions. The City's Residential Design Standards require garages to be 5' narrower than the width of the home along the front fagade. It is slightly unclear if this limitation applies to the Park. If this limitation applies, homeowners will essentially be restricted to a single-car garage. Our request is to be exempt from this provision as long as the design provides some obvious pedestrian entry feature on the front facade, likely to a side yard. 5) Planned Development Amendment - Parking Requirement. The current parking requirement calls for up to 5 parking spaces per lot, depending upon the square footage of the residence. This is in addition to area dedicated to parking between the curb line and the property line on each parcel and far in excess of the City's standard requirement. The Park requests the Planned Development be amended to allow the City's standard parking requirements to apply. 6) Planned Development Amendment - Combining Lightwells, Stairwells, and Excavated Areas. The Land Use Code allows yard areas to be excavated to 30" below natural grade. The Code also allows lightwells and stairwells to be located in side yards as an exemption from the setback requirements. The Code does not allow these two exemptions to be combined. Developing these features together can significantly improve the livability of a basement with more natural light. The Park requests allowance for these features to be combined within required setbacks. 7) Planned Development Amendment - Height and Roof Access. The current Planned Development caps height at 15 feet. It is measured from the midpoint of the lots average slope but otherwise appears to be according to the City's method of calculating height. The Park would like this to be more explicit. The Park also requests the exemptions for roof-top access be allowed. Allowing roof-top railings and roof access would be a significant amenity for residents with little external consequence. 300 SO SPRING ST I 202 I ASPEN, CO 81611 970.925.2855 1 BENDONADAMS.COM Smuggler Park PD Amendment page 3 8) Planned Development Amendment - Accessory Dwelling Units. The R-3 Zone District allows Park properties to contain an Accessory Dwelling Unit. The current planned development documents, developed prior to the City's adoption of the ADU program, are silent on the matter. The Park would like the ability to develop ADUs on Park properties to be more explicit. 9) Planned Development Amendment - Floor Area. The R-3 Zone District does not provide a floor area restriction although Park properties are limited to 2,000 square feet. Basements count 50% towards this allowance, which is more restrictive than for typical Aspen parcels. When a basement is developed, a typical Park property is limited to 1,200- 1,500 square feet of above grade living space. The Park requests the floor area limit be raised to 2,500 square feet, with the same set of current exemptions applicable to park properties. This will enable better livability and greater utilization of these properties. 10) R-3 Zone District Amendment. The R-3 District encompasses Smuggler Park and Smuggler Run subdivisions. The Park is requesting an update of the zone district text to reflect current uses and dimensions. See separate letter. The HOA may also pursue other amendments related to utility connection fees, previous storm water improvements, and subdivision-wide platting issues. Those requests, if pursued, will be submitted separately and are not addressed in this application. We believe these requests are reasonable and will enable the Park residents to continue to enjoy their homes. We hope you find these requests in conformance with the City's Planned Development review criteria (see attached response to the criteria) and compatible with the City's interests. Please let me know if I can further clarify any of the above requests or help facilitate review of this application. Kind Regards, Â«Â»PPLÂ« Chris Bendon, AICP Principal BendonAdams, LLC Attachments: A - Request for application fee waiver E - Ordinance 40, Series 1990 B - Pre-Application conference summary F - Authorization to represent C - Land Use application G - HOA compliance form D - Response to review criteria H - Agreement to pay form 300 SO SPRING ST I 202 I ASPEN, CO 81611 970.925.2855 1 BENDONADAMS.COM Â® BendonAdams February 18, 2016 RECEIVED Mr. Justin Barker, AICP FEB 1 8 2016 Senior Planner City of Aspen CITY OF ASPEN 130 So. Galena St. Aspen, Colorado 81611 COMM'JNITY DEVELOPMENi RE: Request to Amend the High-Density Residential (R-3) Zone District Mr. Barker: Please accept this request to amend the text of the R-3 Zone. City Council and the Community Development Director are both authorized to initiate this amendment, pursuant to Section 26.310.020.A, and we are requesting either entity initiate this change. The Smuggler Park Homeowners Association has reviewed the attached proposed language and is supportive of the changes. The Board hosted a subdivision-wide meeting regarding this and other desired amendments. We would hope this would satisfy Step One - Community Input. If additional effort is necessary, we would be happy to facilitate more input and would take your guidance regarding technique. The proposed changes are intended to reflect current uses in the R-3 district, de-emphasize the term "manufactured housing," correct some significant confusion regarding side yard setbacks, and to generally mimic language of the City's other residential zones. Regarding the criteria foramendments, we believe that ensuring the zoning regulations accurately reflect existing and acceptable conditions is in the community's interest and is a legitimate objective for this code amendment. We believe the changes are reasonable, are consistent with the community character, and are in-line with the purpose and intent of the City's Land Use Code. We hope that the City is receptive and amenable to this request. Please let us know if we can provide additional information to assist your consideration. Kind Regards, CF[rrs'Edndon, Al CP Principal BendonAdams, LLC Attachments: A- Proposed amendments B - Authorization to represent 300 SO SPRING ST I 202 I ASPEN, CO 81611 970.925.2855 1 BENDONADAMS.COM EXHIBIT 26.710.120 High Density Residential (R-3). A. Purpose. The purpose of the High Density Residential (R-3) Zone District is to provide areas for lone-term residential purpors.for the use of land to locate manufactured housing for intensive long term residential purposes, short term vacation rentals, and customary accessory uses and less intensive oftice uses. Recreational and institutional uses customarily found in proximity to residential uses are included as conditional uses. The High Density Residential (R-3) Zone District shall be located in areas where the effect on surrounding property shall be minimized, where the health, safety and general wel fare of the High Density Residential (R-3) Zone District residents and others will be protected and where the topography is suitable for the permitted uses and conditional uses allowed in the High Density Residential (R-3) Zone District. B. Permitted uses. The following uses are permitted as of right in the High Density Residential (R-3) Zone District: 1. Detached residential dMelling, 2. Manufactured home. 3. Mobile home. -4Mobile home park. 2.1.Home occupations. 3.6 Accessory buildings and uses. 2-7Accessory dwelling units meeting the provisions of Chapter 26.520. *------~ Formatted: Indent: Left 0.25" 3Â«Vacation Rentals. Pursuant to Section 26.575.220. C. Conditional uses. The following uses are permitted as conditional uses in the High Density Residential (R-3) Zone District, subject to the standards and procedures established in Chapter 26.425: 1. Arts. cultural and civic uses. 2. Academic uses. 3. Recreational uses. 4-Group home Park and open use recreation site. ----"--| Formatted: Indent: Left: 0.25" 2. Public and private academic school. 2. Church. --------~ Formatted: Indent Left: 0.25" 4. 3Â«Child care center. D. Dimensional requirements. The following dimensional requirements shall apply to all permitted and conditional uses in the High Density Residential (R-3) Zone District: tabbles 1. Minimum Gross Lot Area: three thousand (3,000) square feet. 2. Minimum Net Lot Area per dwelling unit: three thousand (3,000) square feet. 2. Minimum lot width: forty (40) feet. 3. Minimum front Yard setback: five (5) feet (excluding hitch on mobile home). 4. Minimum side yard setback: liveÂ·45*feek Zero (0) feet. with minimum combined side vards of ten ( 10) feet. 5. Minimum rear vard setback: five (5) feet. 6. Maximum height: Administrative service buildings. twenty-five (25) feet. All other structurest fifteen (15) feet. 7. Minimum distance between principal and accessory buildings: five (5) feet. 8. Percent of open space required for building site: No requirement. 9. External floor area ratio: No requirement. 0 EXHIBIT Â® BendonAdams February 16, 2016 Mr. Justin Barker, AICP Senior Planner City of Aspen 130 So. Galena St. Aspen, Colorado 81611 RE: Smuggler Park Homeowners Association; Aspen, CO. Mr. Barker: Please accept this letter authorizing BendonAdams, LLC, to represent our interests in the Smuggler Park Homeowners Association and act on our behalf on matters reasonably associated in securing land use approvals for the Association. If there are any questions about the foregoing or if I can assist, please do not hesitate to call. Kind Regards, Â«71-1Â»- Troy Miller, President Smuggler Park HOA 301 Oak Lane Aspen, CO 81611 300 SO SPRING ST I 202 I ASPEN, CO 81611 970.925.2855 1 BENDONADAMS.COM EXHIBIT i Â® BendonAdams February 16, 2016 Mr. Justin Barker, AICP Senior Planner City of Aspen 130 So. Galena St. Aspen, Colorado 81611 RE: Review Fees Waiver Request Mr. Barker: The Smuggler Park Homeowners Association respectfully requests waiver of the review fees associated with our Planned Development Amendment application. The estimated fees are $5,850. We understand City Council's approval is discretionary and we will pay the fees in full if the waiver is not granted. Kind Regards, -6-L Troy Miller, President Smuggler Park HOA 301 Oak Lane Aspen, CO 81611 (970) 920-3949 300 SO SPRING ST I 202 I ASPEN, CO 81611 970.925.2855 1 BENDONADAMS.COM EXHIBIT CITY OF ASPEN PRE-APPLICATION CONFERENCE SUMMARY PLANNER: Justin Barker, 429.2797 DATE: 1.21.16 PROJECT: Smuggler Park REPRESENTATIVE: Chris Bendon, 925.2855 REQUEST: PD Amendment DESCRIPTION: The Smuggler Park HOA is interested in amending the Specially Planned Area (SPA) approvals. The Smuggler Park SPA was first approved in 1982 as the Smuggler Mobile Home Park SPA, which also included the Smuggler Run Subdivision. SPA amendments are processed according to the Planned Development (PD) Chapter of the Land Use Code (26.445). There are several aspects of the PD that the HOA would like to address: â€¢ Define and clarify existing approvals -There have been several amendments over the years, making it challenging to understand the current regulations. The HOA would like to clean up the approvals in a restated Planned Development agreement. The HOA is also considering an amendment to the R-3 zone district, which may be initiated either by the HOA or the City. A zone district amendment would require a two-step review process before both P&Z and City Council. â€¢ Incorporate measurements - Smuggler Park uses a number of calculations and measurements that vary from the Land Use Code, and have been updated several times through PD amendments. The HOA should would like to incorporate and potentially update these measurements in the restated PD agreement. The HOA may also consider if the PD should eliminate the specific measurements and use the current Land Use Code, as may be amended from time to time. â€¢ Residential Design Standards (RDS) - Smuggler Park contains unique lot dimensions and layouts that can make the current RDS either challenging or inappropriate to meet. The HOA would like to amend or exempt specific standards to better respond to the neighborhood. The application should identify which standards are proposed to be amended and/or exempted. â€¢ Lot line adjustment issues - There are several requests for lot line adjustments within Smugger Park. The HOA needs to determine whether these will be included in the PD amendment or if they should be addressed by individual property owners. It may be worthwhile to consider an updated plat for the entire Subdivision to provide a single clean plat that updates all lot lines simultaneously. â€¢ The HOA may also want to consider addressing parking allowances and the use of accessory dwelling units within the Planned Development. The HOA would also like to request a fee waiver from the planning review fees. City Council may authorize a reduction or waiver of planning review fees as deemed appropriate. Given the current scope, this is considered a Minor Amendment to a Project Review approval, a one-step hearing before City Council. The applicant will need to respond to the criteria outlined in the Land Use Code Section 26.445.050. Any lot line adjustments will require Subdivision Review, pursuant to Section 26.480.050.C. Neighborhood Outreach is required for this application, prior to the public hearing. Below are links to the Land Use Application form and Land Use Code for your convenience: Land Use App: http://www.aspenpitkin.com/Portals/0/docs/City/Comdev/Apps%20and%20Fees/2013%20land%20use%20app%20form.pdf ASLU Planned Development Amendment Smuggler Park 1 Land Use Code: http://www.aspenpitkin.com/Departments/Community-Development/Planning-and-Zoning/Title-26-Land-Use-Code/ Land Use Code Section(s) 26.304 Common Development Review Procedures 26.304.035 Neighborhood Outreach 26.410 Residential Design Standards 26.445 Planned Development 26.480.050.C Boundary Adjustment Review by: Staff for complete application Engineering Parks Public Hearing: City Council Neighborhood Outreach: Required prior to public hearing Planning Fees: Planning Deposit - PD Minor Amendment ($4,550 for 14 hours) Referral Fees: Engineering (per hour) - $325 Parks (flat fee) - $975 Total Deposit: $5,850 (additional hours over deposit amount are billed at a rate of $325/hour) To apply, submit the following information: Â¤ Completed Land Use Application and signed fee agreement. 4 4 Â£ Pre-application Conference Summary (this document). / Il Street address and legal description of the parcel on which development is proposed to occur, consisting of a current (no older than 6 months) certificate from a title insurance company, an ownership and encumbrance report, or attorney licensed to practice in the State of Colorado, listing the names of all owners of the property, and all mortgages, judgments, liens, easements, contracts and agreements affecting the parcel, and demonstrating the owner's right to apply for the Development Application. 0 Applicant's name, address and telephone number in a letter signed by the applicant that states the name, address and telephone number of the representative authorized to act on behalf of the applicant. / Il HOA Compliance form (Attached) 4 Â¤ Documentation showing the proposal meets all Transportation Mitigation Requirements as outlined in the City's Transportation Impact Analysis Guidelines and Mitigation Tool, available online at: http://www.aspenpitkin.com/Departments/Community-DevelopmenVPIanninq-and-Zoning/Recent-Code- Amendments/. A copy of the tool showing trips generated and the chosen mitigation measures should be included with the application. n 4 2 0 A written description of the proposal and an explanation in written, graphic, or model form of how the proposed development complies with the review standards relevant to the development application and relevant land use approvals associated with the property. / Â¤ A site improvement survey (no older than a year from submittal) including topography and vegetation showing the current status of the parcel certified by a registered land surveyor by licensed in the State of Colorado. 0 Written responses to all review criteria. / Il An 81/2"by 11"vicinity map locating the parcel within the City of Aspen. Â¤ 1 Complete Copy. If the copy is deemed complete by staff, the following items will then need to be submitted: 0 10 Copies of the complete application packet and, if applicable, associated drawings. Number of copies correlates to referral agencies and review boards. 0 Total deposit for review of the application. 0 A digital copy of the application provided in pdf file format. Disclaimer: The foregoing summary is advisory in nature only and is not binding on the City. The summary is based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. The summary does not create a legal or vested right. 3 EXHIBIT r-Z-1 ATTACHMENT 2 -LAND USE APPLICATION PROJECT: Name: c-*,AAV~~ar -FA 4- 30 Aweuect- Location: *71 h Ic WeÂ· : A.;p- 6% â‚¬46,vl 141Lme#w*B~L.4-6&Â£*51. (Indicate street address, lot & block number, legal descnption where appropriate) Parcel ID # (REQUIRED) APPLICANT: Name: '~T~7 MAL,) 454794&6.,1- Jfialgk<yej. Â¢3 Address: Â·2;01 takÂ· U....~,A~- aal ec Â» Phone #: 920Â·4449 i =i -â€ž rn 2 0 m i 6- REPRESENTATIVE: :-1 -n '-' .h Nanie: CANAA-lbe.kiÂ£*A fbeULAAÂ®â€¢~W5 Address: 000 40 +2 Â«03 0,14- Slbl\ 13- Phone #: 434 . 295 z TYPE OF APPLICATION: (please check all that apply): GMQS Exemption El Conceptual PUD U Temporary Use GMQS Allotment 00' Final PUD (& PUD Amendment) U Text/Map Amendment Special Review U Subdivision U Conceptual SPA ESA - 8040 Greenline, Stream Â£ Subdivision Exemption (includes ~ Final SPA (& SPA Margin, Hallam Lake Bluff, condominiumization) Amendment) Mountain View Plane Commercial Design Review El Lot Split U Small Lodge Conversion/ Expansion Residential Design Variance U Lot Line Adjustment D Other: Conditional Use EXISTING CONDITIONS: (description of existing buildings, uses, previous approvals, etc.) Â£64,6-TAwq 6- PROPOSAL: (description of proposed buildings, uses, modifications, etc.) a-Â»Wte ;-11,Dpod weadific.:t*w; 4Â»1~'C) f~wi,ew,-46,12r:>6, \*sure-â€¢ck Have you attached the following? FEES DUE: $ â‚¬BgD- E Pre-Application Conference Summary RLWaivw reva,W Er Attachment # 1, Signed Fee Agreement El Response to Attachment #3, Dimensional Requirements Form [E Response to Attachment #4, Submittal Requirements- Including Written Responses to Review Standards g) 3-D Model for large project All plans that are larger than 8.5" X 11" must be folded. A disk with an electric copy of all written text (Microsoft Word Format) must be submitted as part of the application. Large scale projects should include an electronic 3-D model. Your pre-application conference summary will indicate if you must submit a 3-D model. tabblesÂ· EIVED mu m DEED Smuggler Park PD Amendment page D-1 Response to Review Criteria 26.445.050. Project Review Standards. The Project Review shall focus on the general concept for the development and shall outline any dimensional requirements that vary from those allowed in the underlying zone district. The burden shall rest upon an applicant to show the reasonableness of the development application and its conformity to the standards and procedures of this Chapter and this Title. The underlying zone district designation shall be used as a guide, but not an absolute limitation, to the dimensions which may be considered during the development review process. Any dimensional variations allowed shall be specified in the ordinance granting Project Approval. In the review of a development application for a Project Review, the Planning and Zoning Commission or the Historic Preservation Commission, as applicable, and City Council shall consider the following: A. Compliance with Adopted Regulatory Plans. The proposed development complies with applicable adopted regulatory plans. Response: No adopted regulatory plans affect this subdivision. B. Development Suitability. The proposed Planned Development prohibits development on land unsuitable for development because of natural or man-made hazards affecting the property, including flooding, mudflow, debris flow, fault ruptures, landslides, rock or soil creep, rock falls, rock slides, mining activity including mine waste deposit, avalanche or snowslide areas, slopes in excess of 30%, and any other natural or man-made hazard or condition that could harm the health, safety, or weI fare of the community. Affected areas may be accepted as suitable for development if adequate mitigation techniques acceptable to the City Engineer are proposed in compliance with Title 29 - Engineering Design Standards. Conceptual plans for mitigation techniques may be accepted for this standard. The City Engineer may require specific designs, mitigation techniques, and implementation timelines be defined as part of the Detailed Review and documented within a Development Agreement. Response: The property was originally developed in the early 1970s as a mobile home park. The property was subdivided to enable individual ownership in 1982. The property was previously determined suitable for development and the amendments requested herein will not affect the location, extent, or character of allowable development. C. Site Planning. The site plan is compatible with the context and visual character of the area. In meeting this standard, the following criteria shall be used: 1. The site plan responds to the site's natural characteristics and physical constraints such as steep slopes, vegetation, waterways, and any natural or man-made hazards and allows development to blend in with or enhance said features. 2. The project preserves important geologic features, mature vegetation, and structures or features ofthe site that have historic, cultural, visual, or ecological importance or contribute to the identity of the town. Smuggler Park PD Amendment page D-2 3. Buildings are oriented to public streets and are sited to reflect the neighborhood context. Buildings and access ways are arranged to allow effective emergency, maintenance, and service vehicle access. Response: The Site plan was established when the park was originally laid-out in the 1970s, with some modifications when the park was subdivided in 1981-2. The site plan and general layout of the subdivision will not be changed with this amendment. Homes will remain in their same general orientation. Lots are approximately 35-40 feet wide by 70 feet long. As a former mobile home park and with recent modular or "pre-fab" construction, most of the structures are rectangular with the short side facing the street, with front-loaded garages and a side entrance. D. Dimensions. All dimensions, including density, mass, and height shall be established during the Project Review. A development application may request variations to any dimensional requirement of this Title. In meeting this standard, consideration shall be given to the following criteria: 1. There exists a significant community goal to be achieved through such variations. 2. The proposed dimensions represent a character suitable for and indicative ofthe primary uses of the project. 3. The project is compatible with or enhances the cohesiveness or distinctive identity of the neighborhood and surrounding development patterns, including the scale and massing of nearby historical or cultural resources. 4. The number of o ff-street parking spaces shalI be established based on the probable number of cars to be operated by those using the proposed development and the nature of the proposed uses. 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, and the potential for joint use of common parking may be considered when establishing a parking requirement. 5. The Project Review approval, at City Council's discretion, may include specific allowances for dimensional flexibility between Project Review and Detailed Review. Changes shall be subject to the amendment procedures of Section 26.445.110 - Amendments. Response: The project dimensions were set forth in Ordinance 40, Series 1991. The document has served the residents well although some clarification is needed. Language regarding allowable height is vague and the parking section of Ordinance 40 can require up to 5 cars on an individual lot, or roughly half the land area of a typical Park parcel. Similarly, the Park is requesting variation to allow lightwells to be combined with adjacent retained areas within setbacks. Park homes are typically developed with a 0-foot setback along one side and at least 10 feet along the remaining side. This enables the side yard to function as the primary outdoor space but is also the only meaningful area to provide daylight and required access to a basement level. Park homes are limited to 2,000 square feet with basement space counting 50% toward this limit and no ability for an upper floor. Like the property sizes, home sizes are roughly half of a standard Aspen lot. Developing Smuggler Park PD Amendment page D-3 subgrade area is critical to enabling these homes to function and providing daylight to the lower level goes a long way to enhance the overall quality of living. The 50% basement measurement results in main floor living space being limited to 1,200 - 1,500 square feet, significantly less than for a similarly-sized lot in the R-6 district. The Park is seeking an adjustment to 2,500 square feet, still within the same set of measurement parameters. This is intended to improve livability and overall utility of these properties. E. Design Standards. The design of the proposed development is compatible with the context and visual character of the area. In meeting this standard, the following criteria shall be used: 1. The design complies with applicable design standards, including those outlined in Chapter 26.410, Residential Design Standards, Chapter 26.412, Commercial Design Standards, and Chapter 26.415, Historic Preservation. 2. The proposed materials are compatible with those called for in any applicable design standards, as well as those typically seen in the immediate vicinity. Exterior materials are finalized during Detailed Review, but review boards may set forth certain expectations or conditions related to architectural character and exterior materials during Project Review. Response: The applicant is seeking flexibility with regard to the City's recently adopted Residential Design Guidelines. The Park is unique with respect to lot sizes and the established development pattern. The requested variations to the City's Residential Design Standards are intended to assist Park owners avoid recurring frustrations. These lots are small, many are less than 3,000 square feet, and are not served by alleyways. Homeowners have experienced frustration complying with requirements for a front porch, principal window, location of lightwells, and location/size of garages. The Park understands the value of pedestrian-oriented design and creating friendly streets. The Park is seeking variations in-line with the scale of the subdivision, not outright exemptions. The Park's intent is to scale the design standards to fit the Park and enable high-quality design and high-quality living. F. Pedestrian, bicycle & transit facilities. The development improves pedestrian, bicycle, and transit facilities. These facilities and improvements shall be prioritized over vehicular facilities and improvements. Any vehicular access points, or curb cuts, minimize impacts on existing or proposed pedestrian, bicycle, and transit facilities. The City may require specific designs, mitigation techniques, and implementation timelines be defined as part of the Detailed Review and documented within a Development Agreement. Response: The application does not contemplate additional development, only changes to policies for enhancing existing properties. The applicant believes this standard is not applicable. Smuggler Park PD Amendment page D-4 G. Engineering Design Standards. There has been accurate identification of engineering design and mitigation techniques necessary for development of the project to comply with the applicable requirements of Municipal Code Title 29 - Engineering Design Standards and the City of Aspen Urban Runoff Management Plan (URMP). The City Engineer may require specific designs, mitigation techniques, and implementation timelines be defined as part of the Detailed Review and documented within a Development Agreement. Response: The request does not include changes to the uses, layout, or configuration of the subdivision. The applicant may explore alternative methods of complying with the URMP requirements applicable to individual lot owners. However, this application does not include any requests in this regard. H. Public Infrastructure and Facilities. The proposed Planned Development shall upgrade public infrastructure and facilities necessary to serve the project. Improvements shall be at the sole costs of the developer. The City Engineer may require specific designs, mitigation techniques, and implementation timelines be defined as part of the Detailed Review and documented within a Development Agreement. Response: The request does not include additional development or changes to the uses, layout, or configuration of the subdivision. The property is served with public infrastructure and facilities and the applicant is not proposing changes that affect those needs. The applicant believe this standard is not applicable to this request. I. Access and Circulation. The proposed development shall have perpetual unobstructed legal vehicular access to a public way. A proposed Planned Development shall not eliminate or obstruct legal access from a public way to an adjacent property. All streets in a Planned Development retained under private ownership shall be dedicated to public use to ensure adequate public and emergency access. Security/privacy gates across access points and driveways are prohibited. Response: The current subdivision complies with this standard. The subdivision enjoys perpetual, unobstructed vehicular access to the public way and the private streets provide dedicated public and emergency access. EXHIBIT Crl ORDINANCE NO. 40 (SERIES OF 1990) AN ORDINANCE OF THE ASPEN CITY COUNCIL GRANTING A PUD AMENDMENT FOR THE SMUGGLER MOBILE HOME PARK PLANNED UNIT DEVELOPMENT WHEREAS, pursuant to Section 7-908 B. of the Municipal Code, the Smuggler Homeowners Association as represqnted by Brooke Peterson, submitted an application for an amendment to the PUD; and WHEREAS, there are several documents that address the development of the Park, those are: Chapter 14 of the Municipal Code, the Mobile Home Park Zone District in the Land Use Code, the Declaration of Protective Covenants of the Mobile Home Park, Rule and Regulations of the Architectural Control Committee, and the Precise Plan (used as the PUD Plan); and WHEREAS, the applicants requested to amend the Final PUD (Precise) Plan to formalize the dimensional requirements and eliminate the necessity to file an insubstantial amendment every time a change is made on a parcel in the Park; and WHEREAS, a duly notice Public Hearing was held by the Aspen Planning and Zoning Commission (hereinafter "Commission") on May 22, 1990 to consider the amendment to the PUD; and WHEREAS, after review and consideration of the representations made by the applicant and Planning staff , the Commission recommends approval to Council, with conditions, of the PUD amendment; and WHEREAS, the Board of Directors of Smuggler Mobile Home Park have reviewed amendments and approve of the proposed amendments C to the PUD. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1: That is does hereby grant the following amendments to the PUD: Permitted uses: Mobile Home, Modular Home, or Site Built Home is permitted within the Smuggler Mobile Home Park pursuant to the dimensional requirements set forth in this PUD Amendment. New additions and redevelopment: All additions to any Mobile Home or structure in the Smuggler Mobile Home Park shall meet the City of Aspen Building Regulations Chapter 7 of the Municipal Code. Basements: Any basement and floor system upon which one relocates a moblle home must be capable of supporting the relocated mobile home. All newly constructed basements shall incorporate the radon mitigation technique that is being proposed for the 1991 UBC. (Appendix Chapter 12 Section 1235,1237.) Height: a) reduction of minimum service building height from 25 feet to 15 feet; b) the height of the residential units shall remain at 15 feet as measured from the midpoint of the lots average slope. Minimum Lot Size: The minimum lot size shall be 2400 Square feet. Front Yard Setback: The minimum front yard setback shall be 0. For every parcel in the Park there is an average 8 foot limited -' C common element from the edge of the roadside curb to the front property line. This common element is intended to be used for off-street parking for the homeowner. Rear Yard Setback: The rear yard setback shall be a minimum of 5 feet. Side Yard Setback: Minimum of 10 feet on one side and minimum of 0 on the other side with the condition that, prior to the issuance of a building permit, all placement of Mobile Homes on the lot is subject to review and approval by the Architectural Control Committee. Maximum Floor Area: The maximum allowable floor area shall be 2000 square feet and 500 square feet shall be exempt for either a garage or a shed. For the purpose of this PUD we will use the following calculation to determine floor area: each 1 square foot of above grade space will equal 1 square foot of floor area; each 1 square foot of below grade space will equal .5 square feet of floor area. Parking: The parking requirements shall remain the same as is defined in Rules and Regulations of the Architectural Committee. They are: there shall be a minimum of 2 off-street parking spaces for each lot on the combination of lot and the adjacent part of the roadway easement which may be used for parking in accordance with the covenants. For any mobile home over 1,500 square feet in living area, three parking spaces are required. For any mobile home in excess of 2,000 square feet, 4 parking spaces are required, and for any mobile home in excess of 2,500 3 square feet, 5 parking spaces are required. When garage space is ~ used for parking lt shall not be Included in the calculation of living area for computing required parking spaces. Accessory Buildings: No accessory buildings or necessary egresses shall be built within the required setbacks. Section 2: That is does hereby grant approval with the following conditions: 1. Prior to the issuance of any building permits for renovations or changes to structures within the Park, the Homeowners Association shall amend their Rules, Regulations and Procedures for the Smuggler Mobile Home Park Architectural Control Committee of the Smuggler Home Owners Association to be consistent with these amendments. 2. Prior to the issuance of any building permits for renovations or changes to structures within the Park, the Final PUD Agreement shall be amended to reflect these changes. Section 3: That the City Clerk be and hereby is directed, upon the adoption of this ordinance, to record a copy of this ordinance in the office of the Pitkin County Clerk and Recorder. Section 4: Nothing in this ordinance shall construed to affect any right, duty or liability under any ordinance effect prior to the effective date of this ordinance, and the same shall be continued and concluded under such prior ordinances. 4 C Section 5: A public hearing on the Ordinance shall be held on the 9 day of July, 1990 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 one in a newspaper of general circulation within the City of Aspen. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the /XY-"llay of 5Ult , 1990. kult-2 4, =jÂ«-~ William L. Stirling, Mayor ATTEST: Gcuyj 449 Kathryn S. Koch, City Clerk FINALLY, adopted, passed and approved this ~~~< day of s - ~.v, , 1990. -0- 362_ 24Â»Li, William L. Stirling, Mayor ATTEST' ~404 6â€ž_- Kathryn S. Koch, City Clerk 5 r=mmr--1 Â® BendonAdams February 16, 2016 Mr. Justin Barker, AICP Senior Planner City of Aspen 130 So. Galena St. Aspen, Colorado 81611 RE: Smuggler Park Homeowners Association; Aspen, CO. Mr. Barker: Please accept this letter authorizing BendonAdams, LLC, to represent our interests in the Smuggler Park Homeowners Association and act on our behalf on matters reasonably associated in securing land use approvals for the Association. If there are any questions about the foregoing or if I can assist, please do not hesitate to call. Kind Regards, Â«72-1Â«- Troy Miller, President Smuggler Park HOA 301 Oak Lane Aspen, CO 81611 300 SO SPRING ST I 202 I ASPEN, CO 81611 970.925.2855 1 BENDONADAMS.COM 4 1 1 COMMUNITY DEVELOPMENT DEPARTMENT Homeowner Association Compliance Policy All land use applications within the City of Aspen are required to include a Homeowner Association Compliance Form (this form) certifying the scope of work included in the land use application complies with all applicable covenants and homeowner association policies. The certification must be signed bv the property owner or Attorney representing the property owner. Name: Troy Miller Property Owner ("r) Email: tcm29er@gmail.com Phone Non 920-3949 Address of Smuggler Park HOA Property: 301 Oak Lane (subject of application) Aspen, CO 81611 I certify as follows: (pick one) E This property is not subject to a homeowners association or other form of private covenant. El This property is subject to a homeowners association or private covenant and the improvements proposed in this land use application do not require approval by the homeowners association or covenant beneficiary. ~ This property is subject to a homeowners association or private covenant and the improvements proposed in this land use application have been approved by the homeowners association or covenant beneficiary. I understand this policy and I understand the City of Aspen does not interpret, enforce, or manage the applicability, meaning or effect of private covenants or homeowner association rules or bylaws. 1 understand that this document is a public document. Owner signature: -4 7E47#---=- date: 2 -/f-/C Owner printed name: Troy Miller,5*vÂ»br'FL,L #toA TheÂ·,Be.4 or, Attorney signature: date: Attorney printed name: RETAIN FOR -amm- PERMANEN = FILES pe COMMUNITY DEVELOPMENT DEPARTMENT Agreement to Pay Application Fees 00/6.20(6.ASL H 0 An agreement between the City of Aspen ("City") and 0 Property Troy Miller Phone No.:920.3949 q Owner ("ID: Email:tcm29er@gmail.corn -'<~ 0 Address of Smuggler Park HOA Billing Smuggler Park HOA -,1 Property: 301 Oak Lane Address: 301 Oak Lane 1 (subject of Aspen, CO 81611 (send bills here) Aspen, CO 81611 or application) -r ..'.C ilM 7 1 I understand that the City has adopted, via Ordinance No. , Series of 2011, review fees for Land Use a*lications and the payment of these fees is a condition precedent to determining application completeness. I understand that as the property owner that I am responsible for paying all fees for this development application. For flat fees and referral fees: I agree to pay the following fees for the services indicated. I understand that these flat fees are non-refundable. 975 m Parks 1-1 0 1-1 Select Dept $ 1-1 flat fee for $ 1--1 flat fee for 0 $ ~ flat fee for Select Dept 0 Select Review $ ~ flat fee for For deposit cases only: The City and I understand that because of the size, nature or scope of the proposed project, it is not possible at this time to know the full extent or total costs involved in processing the application. 1 understand that additional costs over and above the deposit may accrue. I understand and agree that it is impracticable for City staff to complete processing, review, and presentation of sufficient information to enable legally required findings to be made for project consideration, unless invoices are paid in full. The City and I understand and agree that invoices mailed by the City to the above listed billing address and not returned to the City shall be considered by the City as being received by me. I agree to remit payment within 30 days of presentation of an invoice by the City for such services. I have read, understood, and agree to the Land Use Review Fee Policy including consequences for non-payment. I agree to pay the following initial deposit amounts for the specified hours of staff time. I understand that payment of a deposit does not render an application complete or compliant with approval criteria. If actual recorded costs exceed the initial deposit, I agree to pay additional monthly billings to the City to reimburse the City for the processing of my application at the hourly rates hereinafter stated. ~4,550 deposit for hours of Community Development Department staff time. Additional time 14 above the deposit amount will be billed at $325 per hour. $325 1 deposit for hours of Engineering Department staff time. Additional time above the deposit amount will be billed at 32.Wper hour. 321 City of Aspen: Property Owner: CUL_-1 /ME - -ChFiG-BendelivAM:Bv 'tkk.M Community Development Director Name:Troy Miller;:64'â€¢eN>WR.,6. 1~,.'Ar.~~6.Ar President, Smuggler Park HOA City Use: 5850 Fees Due: $ Received: $ ~ ~ Title: January 2015 * City of Aspen I 130 S. Galena St. I (970) 920-5090 FEB 1 8 2016 RECEIV