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HomeMy WebLinkAboutagenda.apz.19981020 AGENDA ASPEN PLANNING & ZONING COMMISSION REGULAR MEETING TUESDAY, OCTOBER 20, 1998, 4:30 PM SISTER CITIES MEETING ROOM, CITY HALL I. COMMENTS II. III. IV. A. Commissioners B. Planning Staff C. Public DECLARATION OF CONFLICTS OF INTEREST PUBLIC HEARING 4:45-4:50 A. Code Amendment, Section 26.28.320 (related to LP Zone Special Review), Chris Bendon (to be tabled and re-noticed) 4:50~5:15 Bo Smuggler Hunter Trust Subdivision and Rezoning, 2 Williams Way, Chris Bendon ~__~ O vl~Vr, v~-e<~ d~3 U l,_~ ~'~ V. NEW BUSINESS 5:15-5:45 A. 5:45-6:00 Bo VI. 6:00-6:30 A, Marcus Stream Margin Review, 610 Riverside Avenue, Chris Bendon 240 Lake Avenue, Hallam Lake Bluff Environmentally Sensitive Area Special Review, Julie Ann Woods **me~t.~d_g~*~ LP Zone Changes Related to Small Lodges, Chris Bendon & Julie Ann Woods 6:30-7:00 B. 7th and Main Affordable Housing Work Session, Bob Nevins VII. ADJOURN NOTE: These times are approximate, and applicants should plan to be present approximately 1/2 hour prior to their case time estimated AGENDA ASPEN PLANNING & ZONING COMMISSION REGULAR MEETING TUESDAY, OCTOBER 20,1998, 4:30 PM SISTER CITIES MEETING ROOM, CITY HALL I. COMMENTS A. Commissioners B. Planning Staff C. Public 11. MINUTES 111. DECLARATION OF CONFLICTS OF INTEREST IV. PUBLIC HEARING 4:45-4:50A. Code Amendment, Section 26.28.320 (related to LP Zone Special Review), Chris Bendon (to be tabled and re -noticed) 4:50-5:15B. Smuggler Hunter Trust Subdivision and Rezoning, 2 Williams Way, Chris Bendon 0 ri "VIA 1,/-1-'. 1, V. NEW BUSINESS 5:15-5:45A. Marcus Stream Margin Review, 610 Riverside Avenue, Chris Bendon (0-D 5:45-6:00B. 240 Lake Avenue, Hallam Lake Bluff Environmentally Sensitive Area Special Review, Julie Ann Woods **memo on Mond ** AD, VI. WORK SESSION 6:00-6:30A. LP Zone Changes Related to Small Lodges, Chris Bendon & Julie Ann Woods 6:30-7:00B. 7th and Main Affordable Housing Work Session, Bob Nevins NOTE: These times are approximate, and applicants should plan to be present approximately 1/2 hour prior to their case time estimated CITY AGENDAS 10/19 City. Council LP Lodge Program, Work Session 10/20 City Planning & Zoning (4:30) City Notice 9/29 7th & Main AH Work Session (BN) Marcus Stream Margin Review, 610 Riverside Avenue (CB) Code Amendment, LP Zone Special Review, Public Hearing (CB) 240 Lake Avenue, Hallam Lake, Special Review (JAW) Smuggler Hunter Trust Subdivision and Rezoning, Public Hearing (CB) 10/26 City Council (5:00) City Notice 10/6 Code Amendment, HPC Review Process, 1 st Reading (AG) Amendments to the Tipple Lodge Subdivision Exemption Agreement, 2d Reading Public Hearing (MH) 73 5 W. Bleeker, Landmark , l st Reading, (AG) Smuggler Hunter Trust Subdivision and Rezoning, 1 st Reading (CB) MAA Banners, Resolution Consent (AG) 10/28 HPC (5:00) City Notice 10/6 7th & Main AH Work Session (BN) 520 E. Durant (D&E), Minor (AG) AACP 117 N. 6th Street, Work Session 135 W. Bleeker, Work Session Hunt Property, Lake Avenue, Site Visit and Work Session 421 W. Hallam, Minor 11/3 City Planning & Zoning (4:3 0) City Notice 10/13 Small Lodge Change -In -Use Applications Due (Lottery November 17 P&Z Meeting), (BN) Truscott Place AH Work Session (BN) 11/5 DRAC (4:00) 126 Park Avenue, Work Session 11/9 City Council (5:00) City Notice 10/20 7th & Main AH Work Session (BN) "Kathryn's Way" Street Name for Snyder AH Project, Resolution Consent (CB) 11/11 HPC (5:00) City Notice 10/20 Survey for Goals and Outcome Measures 135 W. Hopkins, Work Session 117 N. 6th Street, Conceptual and Landmark 11/12 BOA 11/17 City Planning & Zoning (4:30) City Notice 10/27 Small Lodge Change -In -Use Lottery (BN) 117 N. 6th Street, Landmark, Public Hearing (AG) 11/18 HPC (5:00) City Notice 11 /3 11/23 City Council (5:00) City Notice 11 /3 735 W. Bleeker, Landmark, 2d Reading Public Hearing (AG) Truscott Place AH Work Session (BN) Smuggler Hunter Trust, Subdivision & Rezoning, 2d Reading Public Hearing (CB) Meadows Trustee Resolution (SO) 117 N. 6th Street, Landmark, 1 st Reading (AG) Castle Creek Condos (Hallam House) Rezoning, 1 st Reading (CB) 11/25 HPC (5:00) City Notice 11/3 Canceled due to holiday Moved up to 11118 12/1 City Planning & Zoning (4:30) City Notice 11/10 USFS 8th Street AH Work Session (BN) 126 Park Avenue, Conditional Use and Residential Design, Public Hearing, (continued from 10/6), (CB) Castle Creek Condos (Hallam House) Rezoning, Public Hearing (CB)' 12/9 HPC (5:00) City Notice 11/17 117 N. 6th, Final 12/14 City Council (5:00) City Notice 12/14 USFS 8th Street AH Work Session (BN) Castle Creek Condos (Hallam House) Rezoning, 2d Reading Public Hearing (CB) 4 12/15 City Planning & Zoning (4:30) City Notice 12/14 12/23 HPC (5:00) City Notice 12/1 Tentatively canceled 12/28 City Council (5:00) City Notice 12/8 117 N. 6th, Landmark, 2d Reading Public Hearing (AG) cc: P&Z Packet Community Development Admin. Staff City Attorney's Office City Planning Staff City Clerk's Office g:/planning/aspen/agendas/comingup.doc/ 10/15/98 3 Council Schedule as of October 5, 1998 All meeting will be held in the Council Chambers unless otherwise noted 10115 5 pm Budget Overview with City Council 10/ 19 noon Brown Bag Lunch 5 pm Work Session - Lodge Preservation Program 10/20 5 pm Budget - Human Services Grant Requests-County/TOSM 10/26 noon Brown Bag Lunch 5 pm REGULAR MEETING 10/27 5 pm Budget - AMP 11/2 noon Brown Bag Lunch 11 /9 noon Brown Bag Lunch 5 pm REGULAR MEETING 11 / 10 5 pm Budget - Joint City/county Housing/RFTA 11 / 17 5 pm Budget - Non-profit, Arts and Child Care Grants 12/1 4 pm Work Session - Burlingame Project Planning Update 12/3 Boards and Commission Appreciation Party Wheeler OTHER MEETINGS 10/ 16 9 am RFRRA Board Carbondale Town Hall 10/ 17 9 am-5pm Valley Growth Forum -Carbondale Town Hall 10/22 4 pm EOTC 10/27 9 am RFRHA Policy Committee Carbondale 10/28 5 pm Neighborhood Mtg. Commercial Core/Main St. Sister Cities Room 10/29 5 pm Neighborhood Mtg. Smuggler - Independence Place Mtg. Room 11 /4 5 pm Neighborhood Mtg. West End - Aspen Historical Society Annex 5:30 CIS Task Force Pitkin County Library' 1115 10am-2 pm Burlingame Citizen Design group review 5 pm Neighborhood Mtg. Cemetery Lane/Maroon Creek Club Aspen Golf Course Conference Room 11/12 4 pm 5 pm 1/13 9 am 11/18 5 pm 11/19 5 pm EOTC TOSV Council Chambers Neighborhood Mtg. Shadow Mountain/Marolt Aspen Ice Garden RFRHA Policy Committee Carbondale Neighborhood Mtg. Base of Aspen Mtn. E. Aspen Aspen Alps Conference Room AACP Town Meeting. Given Institute 11/20 9. am RFRHA Board Carbondale L 10 rl,.-,' _!M�l. (c) Conflict of interest is "a situation in which a public official or an employee of the City of Aspen has a private or personal interest sufficient to appear to influence the objective exercise of his or her official duties." There are three key elements in this definition. First, there is a "private or personal interest." Often this is a financial interest, but it could also be another sort of interest, say for example, to provide a special advantage to a spouse or child. Taken by themselves, there is nothing wrong with pursuing private or personal interests, for instance, changing jobs for more pay or helping your daughter improve her tennis stroke. The problem arises when this private interest comes into conflict with the second feature of the definition, an "official duty" -- literally the duty you have because you have an office or act in an official capacity. As an official or employee of the City, you take on certain official responsibilities, by which you acquire obligations to your employer, the City of Aspen. These obligations are supposed to trump private or personal interests. Third, conflicts of interest interfere with professional responsibilities in a specific manner, namely by interfering with objective professional judgment. A major reason the City of Aspen values its employees is that they expect their employees to be objective and independent. Factors, such as private and personal interests, that either interfere or appear likely to interfere with objectivity are then a matter of legitimate concern to the City and the general public. Therefore, it is also important to avoid apparent and potential as well as actual conflicts of interest. An "apparent conflict of interest" is one in which a reasonable person would think that the City official or employee's judgment is likely to be compromised. A "potential conflict of interest" involves a situation that may develop into an "actual conflict of interest." Leading Example of Conflicts of Interest: 1. Self -dealing. For example, you work for the City of Aspen and use your official position to secure a contract for a private consulting company that you own. Another example would be using your City position to get a summer job for your son. 2. Accepting benefits. Bribery is an example or receiving substantial (non -token) gifts. For instance, you are the employee that prepares liquor licenses and you accept a case of liquor from a successful applicant. 3. Influence peddling. Here the employee solicits benefits in exchange for using his or her influence to unfairly advance the interests of a particular party. 4. Using your employer's property for private advantage. This could be as blatant as stealing office supplies for home use. Or it might be a bit more subtle such as using software, which is licensed to your employer for private consulting work of your own. 5. Using confidential information. While working for the City, you learn that the City is planning to buy an abandoned gravel pit so that the land can be reclaimed as a location for a new City Hall. You quickly rush out and buy the land in your spouse's name. 6. Outside employment or moonlighting. An example would be setting up a business on the side that is in direct competition with the employee's responsibilities to the City. Another example would be taking on so many outside clients that you don't have the time and energy to devote to your City responsibilities. In combination with "influence peddling," a City employee might sell private consulting services to an individual with the assurance that the individual will secure benefits from the City: "If you hire me, I am sure that you will receive development approval." 7. Post -employment. Here a dicey situation can be one in which a person who resigns from City employment goes into business in the same area. For example, a former City employee sets up a practice lobbying the former department in which he or she was employed. 2 Tests for Determining a Conflict of Interest: How do you determine if you have a conflict of interest, whether actual, apparent, or potential? The key is to determine whether the situation you are in is likely to interfere or appear to interfere with the independent judgment you are supposed to show as a professional in performing your official duties. A good test is the "trust test": Would relevant others (my employer, my clients, professional colleagues, or the general public) trust my judgment if they knew I was in this situation. Trust is at the ethical heart or core of this issue. Conflicts of interest involve the abuse, actual or potential, of the trust people have in City employees and officials. This is why conflicts of interest not only injure particular clients and the employer, but they also damage the whole organization by reducing the trust people generally have in the City of Aspen. The "trust test" suggests one very good way of dealing with a conflict of interest: Reveal your private interest in the matter to relevant parties, including the City Attorney. Often if we let others know what might be influencing our judgment, they can be on their guard and not caught unaware. However, sometimes it isn't enough to know that there is a particular private interest influencing an employee's judgment; the City of Aspen expects that the professional will stay out of such situations. So the second way to avoid conflicts of interest, and always the safest, is to absent yourself from the decision making or advice giving if you have a private interest. So, for example, in the case of potential self -dealing, the conscientious employee will say that he or she can't be involved in a situation where he or she is both bidding on a City contract and deciding as a public servant who is awarded the contract. He or she will either step aside and completely (and the word completely cannot be over -emphasized) absent himself or herself from determining who gets the contract or refrain from bidding on such contracts in the first place. It takes some skill, good judgment, and common sense to recognize that you are in a conflict of interest situation. Private and personal interests can cloud a person's . objectivity. If often is much easier to recognize when others are in conflict than to recognize when you are. Therefore, it may be useful and wise to talk to a trusted colleague or friend when you are in doubt. But once you recognize that you are in or are headed into a conflict of interest situation, the ethical responses are straightforward: get out of the situation, or, if you can't, make known to all affected parties your private interest. These responses will help preserve the trust essential to professional objectivity. 3 MEMORANDUM TO: Aspen Planning and Zoning Commission THRU: Julie Ann Woods, Interim Community Development Director FROM: Christopher Bendon, Planner RE: Smuggler Hunter Trust -- 2 Williams Way Subdivision, Rezoning, and Special Review -- Public Hearing DATE: October 20, 1998 SUMMARY: The applicant, Smuggler Hunter Trust represented by Maxwell Aley, is proposing a Subdivision and Rezoning of his property located at 2 Williams Way. The property is currently a 43,560 square foot tract within the RMF-A Zone District. The applicant has entered into an agreement with the City of Aspen to convey Lot #2 of the Subdivision to the City for the purpose of providing a municipal park. The proposed Subdivision boundary has been designed to preserve the conforming status of Lot # 1. There is a minimum lot size of 27,001 square feet in the RMF-A Zone District which prescribes this line. The remaining parcel, Lot #2, is less than this minimum lot size and requires rezoning to remain a conforming parcel. The Park Zone District is the most compatible with the expected land use of the property. Parking requirements for the Park Zone are established through the Special Review process. The Parks Department has no immediate plans to develop this park but does expect to provide no more than four parking spaces. Staff recommends the Planning and Zoning Commission approve the Special Review for Parking and pass forward a recommendation of approval to City Council for this Subdivision and Rezoning, with conditions. APPLICANT: Smuggler Hunter Trust, owner. Represented by Maxwell Aley. LOCATION: 2 Williams Way. ZONING: Existing: Proposed: LOT SIZE: Existing: Residential Multi -Family -A (RMF-A) Lot 2 of the subdivision is proposed for Park (P) Zoning Proposed residential lot Proposed park lot sizes: LOT AREA & FAR: 1.00 acre. 43;560 square feet. 27,001 square feet. 16,559 square feet. Lot area for the residential parcel is reduced by the 5,500 square foot portion of the property within the Williams Way R.O.W. The Allowable Floor Area depends upon the Lot Area and the use. Lot Area: Proposed 21,501 Existing 38,060 FAR: Single -Family: 4,345 square feet. 5,173 square feet. Duplex: 4,745 square feet. 5,573 square feet. Multi -Family: 7,740 square feet. 13,700 square feet. CURRENT LAND USE: Residential with an open space easement encumbering the southern potion of the parcel. PROPOSED LAND USE: Residential for the portion of the parcel north of Williams Way. Park for lands south of Williams Way. PREVIOUS ACTION: The Commission has not previously considered this application. REVIEW PROCEDURE: Subdivision & Rezoning. The Planning and Zoning Commission shall consider the application at a hearing and recommend approval, approval with conditions, or denial to City Council. Special Review for Parking; The Planning and Zoning Commission may approve, approve with conditions, or deny a Special Review at a public meeting. BACKGROUND: The portion of this property south of Williams Way is currently deed restricted to open space uses and passive recreation with no development opportunities. This restriction was placed on the property by the County in a land -swap arrangement with the owner. The City has entered into a contract to purchase the southern 2 parcel and a surface easement for the remaining land south of Williams Way for the purpose of providing a public park. The subdivision will allow the transfer of the park parcel to the City. The rezoning is necessary because the minimum lot size in the RMF-A Zone District is 27,001 square feet. The City's contract is contingent upon subdivision and. rezoning approval. STAFF COMMENTS: Review criteria and Staff Findings have been included as Exhibit "A." Agency referral comments have been included as Exhibit "B." The application has been included as Exhibit "C." Staff has included conditions requiring certain actions before final approval by City Council. This is different than most conditions that the P&Z reviews. The purpose is to allow City Council to approve the Ordinance, final plat, and contract all at once with all issues being resolved. RECOMMENDATION: Staff recommends the Planning and Zoning Commission pass forward a recommendation of approval for this Subdivision,and Rezoning and approve the Special Review for Parking, with the following conditions. 1. Prior to final approval by City Council, a park easement shall be recorded for the portion of Lot #1 south of Williams Way and noted on the plat. The easement shall be approved by the City Attorney prior to recordation. 2. Prior to final approval by City Council, the final plat shall be reviewed and approved by the City Engineer. An easement shall be provided on Lot #1 for electric equipment which is currently in the Spruce Street R.O.W. Existing parking spaces for Lot #1 shall be depicted on the final plat. 3. Prior to final approval by City Council, the applicant shall complete and record a sidewalk, curb, and gutter construction agreement which requires construction of these improvements on Lot # 1 in the 1999 building season and the construction of these improvements on Lot #2 at the time of development. 4. Prior to final approval by'City Council, the applicant shall complete and record an agreement to join any future improvement districts for the purpose of constructing improvements which benefit the property under an assessment formula. 5. The applicant shall coordinate the placement of street trees with the City Forester to meet the street tree requirement of Subdivision. 6. Prior to redevelopment of either Lot, the owner shall submit a drainage report and a drainage plan, including a erosion control plan, prepared by a Colorado licensed Civil Engineer which maintains sediment and debris on -site during and after construction. If a ground recharge system is required, a soil percolation report will be required to correctly size the facility. A 2 year storm frequency should be used in designing any drainage improvements. 3 1. Prior to final approval by City Council, a park easement shall be recorded for the portion of Lot #1 south of Williams Way and noted on the plat. The easement shall be approved by the City Attorney prior to recordation. 2. Prior to final approval by City Council, the final plat shall be reviewed and approved by the City Engineer. An easement shall be provided on Lot #1 for electric equipment which is currently in the Spruce Street R.O.W. Existing parking spaces for Lot #1 shall be depicted on the final plat. 3. Prior to final approval by City Council, the applicant shall complete and record a sidewalk, curb, and gutter construction agreement which requires construction of these improvements on Lot #1 in the 1999 building season and the construction of these improvements on Lot #2 at the time of development. 4. Prior to final approval by City Council, the applicant shall complete and record an agreement to join any future improvement districts for the purpose of constructing improvements which benefit the property under an assessment formula. 5. The applicant shall coordinate the placement of street trees with the City Forester to meet the street tree requirement of Subdivision. 6. Prior to redevelopment of either Lot, the owner shall submit a drainage report and a drainage plan, including a erosion control plan, prepared by a Colorado licensed Civil Engineer which maintains sediment and debris on -site during and after construction. If a ground recharge system is required, a soil percolation report will be required to correctly size the facility. A 2 year storm frequency should be used in designing any drainage improvements. 7. No more than four (4) parking spaces may be provided along Spruce Street for Lot 92. The spaces shall be signed for two hour maximum parking. 8. All material representations made by the applicant in the application and during public meetings with the Planning and Zoning Commission shall be adhered to and considered conditions of approval, unless otherwise amended by other conditions. APPROVED by the Commission at its regular meeting on October 20, 1998. APPROVED AS TO FORM: PLANNING AND ZONING COMIYIISSION: City Attorney ATTEST: Jackie Lothian, Deputy City Clerk Sara Garton, Chair Staff Comments: Subdivision A development application for subdivision review shall comply with the following standards and requirements: 1. General Requirements. a. The proposed subdivision shall be consistent with the Aspen Area Comprehensive Plan. Staff Finding: The proposed subdivision will allow the City to purchase a property in a high density residential area and provide a public park. This specific location was not considered during the 1993 AACP. However, the property near Gibson and Lone Pine (Mocklin Subdivision) was considered in `93 for a semi -active park. b. The proposed subdivision shall be consistent with the character of existing land uses in the area. Staff Finding: The area is typified by high density residential development. Hunter Creek Condominiums are to the West with Centennial Condominiums to the East. The subdivision will allow the sale of the open space parcel to the City for the future development of a small neighborhood park. This proposed land use is compatible with the surrounding neighborhood character. C. The proposed subdivision shall not adversely affect the future development of surrounding areas. Staff Finding: The surrounding area is essentiallybuilt-out. parcel will be lower with the smaller lot size. Potential development of the fathering However, this smaller parcel will remain zoned for high density residential with much higher density than is currently developed on the site. d. The proposed subdivision shall be in compliance with all applicable requirements of this title. Staff Finding: The proposed subdivision will create a lot smaller than the minimum required for the RMF-A Zone District. The applicant is proposing to rezone the smaller Lot 42 to Park. 2. Suitability of land for subdivision. a. Land suitability. The proposed subdivision shall not be located on land unsuitable for development because of flooding, drainage, rock or soil creep, Staff Comments page 1 mudflow, rockslide, avalanch or snowslide, steep topography, or any other natural hazard or other condition that will be harmful to the health, safety, or welfare of the residents in the proposed subdivision. Staff Finding: There are no environmental constraints which affect this property. b. Spatial pattern efficient. The proposed subdivision shall not be designed to create spatial patterns that cause inefficiencies, duplication or premature extension of public facilities and unnecessary public costs. Staff Finding: This subdivision will not create any inefficiencies for the City. The public costs are the purchase of the property and easement to create the park and any capital improvements which follow in the development of the park. These costs have been analyzed by the City Parks Department and will be dependent upon approval by City Council. 3. Improvements. a. Required improvements. The following shall be provided for the proposed subdivision. l . Permanent survey monuments, range points, and lot pins. 2. Paved streets, not exceeding the requirements for paving and improvements of a collector street. 3. Curbs, gutters, and sidewalks. 4. Paved alleys. 5. Traffic -control signs, signals, or devices. 6. Street lights. 7. Street name signs. 8. Street trees or landscaping. 9. Water lines and fire hydrants. 10. Sanitary sewer lines. 11. Storm drainage improvements and storm sewers. 12. Bridges and culverts. 13. Electrical lines. 14. Telephone lines. 15. Natural gas lines. 16. Cable television lines. b. Approved plans. Construction shall not commence until on any of the improvements required by this Section 26.88.040(C)(3)(a) until a plan, profile, and specifications have been received and approved by the City Engineer and, when appropriate, the relevant utility company. C. Oversize Utilities. In the event oversized utilities are required as a part of the improvements, arrangements for reimbursement shall be made whereby the subdivider shall be allowed to recover the cost of the utilities that have been Staff Finding: provided beyond the needs of the subdivision. Staff Comments page 2 Most of these standards do not apply to this parcel because it is being subdivided for the purpose of conveying a park parcel. The City Engineer will require the placement of corners (for surveying) and curbs and gutters, especially if parking is provided. 4. Design Standards. The following design standards shall be required for all subdivisions. a. Street and related improvements. The following standards shall apply to streets regardless of type or size, unless the street has been improved with paving, curb, gutter, and sidewalk. 1. Conform to plan for street extension. 2. Right-of-way dedication. 3. Right-of-way width. 4. Half -street dedications. 5. Street ends at subdivision. 6. Cul-de-sacs. 7. Dead-end streets. 8. Centerline offset. 9. Reverse curves. 10. Changes in street grade. 11. Alleys. 12. Intersections. 13. Intersection grade. 14. Curb return radii. 15. Turn by-passes and turn lanes. 16. Street names and numbers. 17. Installation of curb, gutter sidewalks, or driveways. No finish paving, curb, gutter, sidewalk, or driveways shall be constructed until one year after the installation of all subsurface utilities and improvements. 18. Sidewalks. Sidewalks shall be eight (8) feet wide in the Commercial Core (CC), Commercial (C 1), Neighborhood Commercial (NC), and Commercial Lodge (CL) Zone Districts and five (5) feet wide in all other zone districts where sidewalks are required. Consideration shall be given to existing and proposed landscaping when establishing sidewalk locations. 19. City specifications for streets. 20. Range point monuments. 21. Street name signs. 22. Traffic control signs. 23. Street lights. 24. Street tree. One street tree of three-inch caliper for deciduous trees measured at the top of the ball or root system, or a minimum of six-foot height for conifers, shall be provided in a subdivision in residential zone districts for each lot of seventy (70) foot frontage or less, and at least two (2) such trees shall be provided for every lot in excess of seventy (70) feet frontage. Corner lots shall require at least one tree for each street. Trees shall be placed so as not to block sight distances at driveways or corners. The City Parks and Recreation Department shall Staff Comments page 3 furnish a list of acceptable trees. Trees, foliage, and landscaping shall be provided in subdivisions in all other zone districts in the City in accordance with the adopted street landscaping plan. b. Easements. 1. Utility easements. 2. "T" intersections and cut -de -sacs. Easements twenty (20) feet in width shall be provided in "T" intersections and cul-de-sacs for the continuation of utilities or drainage improvements, if necessary. 3. Potable water and sewer easements. 4. Planned utility or drainage system. 5. Irrigation ditch, channel natural creek. 6. Fire lanes and emergency access easements. 7. Planned street or transit alignment. 8. Planned trail system. C. Lots and blocks. 1. General. 2. Side lot lines. 3. Reversed corner lot and through lots. 4. Front and street. 5. State Highway 82. 6. Block lengths. 7. Compatibility. 8. Mid -Block pedestrian walkways. d. Survey Monuments. 1. Location. 2. C.R.S. 1972 38-51-101. 3. Range points and boxes. e. Utilities. l . Potable waterline and appurtenances. 2. Size of waterlines. 3. Fire hydrants. 4. Sanitary sewer. 5. Underground utilities. 6. Other utilities. 7. Utilities stubbed out. f. Storm Drainage 1. Drainage plan. 2. Detention storage. 3. Maintain historical drainage flow. 4. Calculations and quantities of flow. g. Flood hazard areas. Staff Comments page 4 1. The proposed subdivision design shall be consistent with the need to minimize flood damage to public utilities and facilities such as sewer, gas, electricity, and potable water systems. 2. Base flood elevation data shall be provided for any proposed subdivision of at least fifty (50) lot or five (5) acres, whichever is less. h. The. design and location of any proposed structure, building envelope, road, driveway, trail, or other similar development is compatible with significant natural or scenic features of the site. i. Variations of design standards. Variations from the provisions of this section, "Design Standards," may be granted by special review as provided for in Chapter 26.64. Staff Finding: a. Because this Subdivision is not creating any new streets, most of these design standards do not apply. The City Engineer is requiring this installation of sidewalks, curbs, and gutters. The Parks Department will be landscaping the "park" parcel in a compatible manner. Both parcels are required to provide trees along Spruce Street and Williams Way. Due to the density of trees on the residential parcel, the owner will need to work with the Parks Department to determine appropriate locations for these trees. b. The City Engineer is requiring a new easement for a electric transformer which is currently located within the Spruce Street R.O.W. . c. This standards applies to Subdivisions where several lots are being created within blocks and does not apply to this subdivision. d. The City Engineer is requiring the placement of additional survey monuments. e. The City Engineer has not requested any additional utilities to be installed. f. The City Engineer has requested a drainage report at the time of development of each parcel. g. This parcel is not within a flood hazard area. h. There are no new structures proposed for either parcel. I. No variations to these standards are being requested. 5. Affordable housing. A subdivision which is comprised of replacement dwelling units shall be required to provide affordable housing in compliance with the requirements of Title 20, Replacement Housing Program. A subdivision which is comprised of new dwelling units shall be required to provide affordable housing in compliance with the requirements of Chapter 26.100, Growth Management Quota System. Staff Finding: Does not apply. There are no new residential units being created. 6. School land dedication standards. C. Dedication Schedule. 1. Land Dedication. School land dedications shall be assessed according to the following schedule: Staff Comments page 5 Unit Type Land Dedication Standard Dormitory .0000 acres (0 sq, ft.) Studio/One bedroom .0012 acres (52 sq. ft.) Two bedroom .0095 acres (416 sq. ft.) Three bedroom .0162 acres (707 sq. ft.) Four bedroom .0248 acres (1081 sq. ft.) Five bedroom .0284 acres (1236 sq. ft.) 2. Cash -in -lieu payment. An applicant may make a cash payment in -lieu of dedicating land to the City, or make a cash payment in combination with a land dedication, to comply with the standards of this section. Because of he high cost of subdivided land in the City of Aspen, the School District and Aspen have decided to require payment of a cash -in - lieu amount which is less than the full market value of the land area. The formula to determine the amount of cash -in -lieu payment for each residential dwelling unit is as follows: Market value of land x applicable land dedication standard x 0.33 = cash payment. Payment of cash -in -lieu of a land dedication shall be made to the City prior to and on a proportional basis to the issuance of any building permits for the residential dwellings. Staff Finding: There are no additional residential units proposed for either parcel. This standard does not apply. Staff Comments: Rezoning Section 26.92.020, Standards Applicable to Rezoning In reviewing an amendment to the official zone district map, the City Council and the Commission shall consider: A. Whether the proposed amendment is in conflict with any applicable portions of this title. Staff Finding: The rezoning of the southern property is necessary to allow the creation of a lot which conforms with the City's zoning requirements. The Park (P) Zone District will more closely follow the uses that this property is intended for. Staff Comments page 6 B. Whether the proposed amendment is consistent with all elements of the Aspen Area Comprehensive Plan. Staff Finding: The AACP does not refer to this parcel specifically. A park for passive and semi -active recreation at this location, however, would serve a large population. C. Whether the proposed amendment is compatible with surrounding zone districts and land uses, considering existing land use and neighborhood characteristics. Staff Finding: The surrounding land uses are generally high density residential. A passive and semi - active park at this location would serve a large population. The proposed land use is compatible with the surrounding land uses. D. The effect of the proposed amendment on traffic generation and road safety. Staff Finding: Due to its proximity to high density residential development, most potential users of the park would probably walk or ride a bike to the proposed park. The zone change is not expected to pose any traffic problems and is a reduction in the allowed density for the existing "residential" parcel. E. Whether and the extent to which the proposed amendment would result in demands on public facilities, and whether and the extent to which the proposed amendment would exceed the capacity of such facilities, including, but not limited to, transportation facilities, sewage facilities, water supply, parks, drainage, schools, and emergency medical facilities. Staff Finding: The parcel is currently deed restricted as open space and does not allow for development. A zone change to park will not affect demands on community facilities. Development of a passive or semi -active park on this site would address a lack of public recreational facilities in the immediate vicinity. F. Whether and the extent to which the proposed amendment would result in significant adverse impacts on the natural environment. Staff Finding: The zone change is not expected to significantly affect the natural environment. G. Whether the proposed amendment is consistent and compatible with the community character in the City of Aspen. Staff Finding: A public park in this area is compatible with the neighborhood. This expenditure of public finds is consistent with other City expenditures. Staff Comments page 7 Li H. Whether there have been changed conditions affecting the subject parcel or the surrounding neighborhood which support the proposed amendment. Staff Finding: The high density residential developments of Hunter Creek and Centennial, which have provided internal open space and recreational opportunities for their residents and which are proximate to Hunter Creek and Smuggler Mountain, will benefit from a public park. I. Whether the proposed amendment would be in conflict with the public interest, and is in harmony with the purpose and intent of this title. Staff Finding: This rezoning is not in conflict with the public interest. Staff Comments: Special Review for Parking No development subject to special review shall be permitted unless the Commission makes a determination that the proposed development complies with all standards set forth below. B. Off-street parking requirements. Whenever off-street parking requirements of a proposed development are subject to establishment and/or mitigation via a payment in lieu by special review, the development application shall only be approved if the following conditions are met: In all zone districts where the off-street parking requirements of a proposed development are subject to establishment and/or mitigation by special review, the applicant shall demonstrate that the parking needs of the residents, customers, guests, and employees of the project have been met, taking into account potential uses of the parcel, the projected traffic generation of the project, the projected impacts onto the on -street parking of the neighborhood, its proximity to mass transit routes and the downtown area, and any special services, such as vans, provided for residents, guests, and employees. Staff Finding: The Park Zone Districts requires the parking requirements to be established by Special Review. This is not a regional park and is not expected to attract many auto oriented users. The park is relatively small and within walking distance to a high population. Staff is more concerned about the potential for long-term parking than about the actual number of spaces provided. Staff suggests that any parking provided for this park be signed for a two hour maximum. This will ensure the parking availability for park users and not for car storage for the nearby residential complexes. Staff is suggesting that the provision of up to four (4) spaces would be appropriate for this neighborhood park. Staff Comments page 8 � MEMORANDUM To:. Chris Bendon, Planner Thru: Nick Adeh, City Engineer From: Chuck Roth, Project Engineer Date: October 8, 1998 Re: Aley Subdivision & Rezoning (2 Williams Way) The Development Review Committee has reviewed the above referenced application at their. September 30, 1998 meeting, and we have the following comments: 1. Draft Plat - The final plat must indicate a title commitment performed within the past 12 months for easement information. A City park easement is not indicated. The property corners between the two lots must be monumented and indicated. 2. Sidewalk, Curb & Gutter - The applicant should be required to construct sidewalk adjacent to his Lot 1 frontage. Since it too late in the construction season to accomplish that this year, the applicant should be required to sign a sidewalk construction agreement, with sidewalk to be completed no later than June 30, 1999, and to replace any damaged sections of curb and gutter. The development of Lot 2 should require construction of sidewalk prior to issuance of a certificate of occupancy. 3. Site Drainage - The existing City storm drainage infrastructure system is sub -standard and cannot adequately convey storm runoff. The site development approvals must include the requirement of meeting runoff design standards of the Land Use Code at Sec. 26.88.040.C.4.f and a requirement that the building permit application include a drainage mitigation plan (24"x36" size plan sheet or on the lot grading plan) and a report signed and stamped by an engineer registered in the State of Colorado, submitted as part of the building and site plan, as well as a temporary sediment control and containment plan for the construction phase. The existing structure should be required to construct drainage improvements prior to signing the plat.. 1 Z fo, 4� �14 � 4. Parking - The final plat needs to show two existing 81/2'x 18' parking spaces. 5. Utility Easements - The plat indicates an electric transformer and two utility pedestals in the public right-of-way at the northeast corner of the property. The applicant should be required to dedicate an 8'x8' easement at the northeast corner of Lot 1 for such time as it is desirable to relocate them out of the public right-of-way. 6. Trash & Utilities - All utility meters and any new utility pedestals or transformers must be 'installed on the applicant's property and not in the public right-of-way. For pedestals, easements must be provided. The building permit drawings must indicate all utility meter locations. Meter locations must be accessible for reading and may not be obstructed by trash storage. 7. Improvement Districts - The applicant should be required to agree to join any improvement districts that are formed for the purpose of constructing improvements in adjacent public rights -of - way and to provide a signed and notarized agreement with recording fees prior to the final building inspection. 8. Work in the Public Right-of-way - Given the continuous problems of unapproved work and development in public rights -of -way adjacent to private property, we advise the applicant as follows: The applicant must receive approval from city engineering (920-5080) for design of improvements, including landscaping, within public rights -of -way, parks department (920-5120) for vegetation species, and streets department (920-5130) for mailboxes , street and alley cuts, and shall obtain permits for any work or development, including landscaping, within public rights -of - way from the city community development department. 98M 182 N Rebecca Schickling,12:04 PM 13/10/98, Re: Ale y Subdivision '-Sender: rebeccas@commons ate: Tue,13 Oct 199812:04:12 -0600 To: Christopher Bendon <chrisb@ci.aspen.co.us> From: Rebecca Schickling <rebeccas@ci.aspen.co.us> Subject: Re: Aley Subdivision Cc: nicka@ci.aspen.co.us Chris, The contract provides for parking on Spruce St. up to a maximum of 4 spaces. However, we are not planning on developing the property for a few years and therefore will not do the parking until then, and the number of spaces may even be less when we actually design the park. There is curb and gutter along Spruce but not on Williams Way. I personally don't think there is a need for it along Williams Way though. Landscaping will be done as well but again we have no plans on doing anything for atleast a year or two. Restroom facilities would not require utilities because we would use port -a -potties or something similar. Possibly, we would install a drinking fountain but nothing is designed yet. We would do any necessary taps for that when we design the park. We may do some conceptual design for presenting to the BOCC in order for the deed restriction to be lifted. Thanks. �cca t 09:47 AM 10/ 12/ 98 -0600, you wrote: >Nick: >Do you want sidewalks, curbs, and gutters for this parcel? And, are there >any utilities required such as a fire hydrant, water, sewer? Do you want >any survey points set? >Becca: > Is there going to be parking for this park and how many spaces? Is there a >landscape plan in the works? Are there future plans for bathroom facilities >which would require utilities? >Cheers, >Chris Bendon, City Planning Rebecca Schickling Printed for Christopher Bendon <chrisb@ci.aspen.co.us> 1 LAND USE APPLICATION PROJECT: 1 Name: SMUGGLER HUNTER TRUST SUBDIVISION & REZONING Location: 0002 Williams Way, Aspen, CO 81611 (Indicate street address, lot & block number, legal description where appropriate) APPLICANT: Name: Smuggler Hunter Trust, Elizabeth Aley, Sole Trustee Address: 3937 P 10 Lane Phone#: (970) 527-5651 REPRESENTATIVE: Name: Maxwell A1ey, Attorney at Law Address: 39 37 P 10. Lane Phone#: (970) 527-5651 TYPE OF APPLICATION: (please check all that apply): ❑ Conditional Use ❑ Conceptual PUD ❑ Conceptual Historic Devt. ❑ Special Review ❑ Final PUD (& PUD Amendment) ❑ Final Historic Development ❑ Design Review Appeal ❑ Conceptual SPA ❑ Minor Historic Devt. GMQS Allotment ❑ Final SPA (& SPA Amendment) ❑ Historic Demolition GMQS Exemption ® Subdivision & Rezoning ❑ Historic Designation Fj ESA - 8040 Greenline, Stream ❑ Subdivision Exemption (includes Small Lodge Conversion/ Margin, Hallam Lake Bluff, condominiumization) Expansion Mountain View Plane ❑ Lot Split ❑ Temporary Use ❑ Other: ❑ Lot Line Adjustment Text/Map Amendment EXISTING CONDITIONS: (description of existing buildings, uses, previous approvals, etc.) A duplex residence is located on the North end of the one (1) acre property] on the N. side of Williams Way. The portion So. of the street is vacant ands undeveloped. PROPOSAL: (description of proposed buildings, uses, modifications, etc.) The vacant portion of the property South of Williams Way will be sold to the City of Aspen and developed as a passive, neighborhood City park. Have you attached the following? (K Pre -Application Conference Summary Attachment #l, Signed Fee Agreement Response to Attachment #2, Dimensional Requirements Form I ] Response to Attachment #3, Minimum Submission Contents ❑ Response to Attachment #4, Specific Submission Contents Response to Attachment #5, Review Standards for Your Application FEES DUE: $exempt per contr MAXWELL ALEY Attorney and Counselor at Law 3937 P 10 Lane Paonia, CO 81428 Telephone: (970) 527-5651 FAX 527-5555 September 11, 1998 Christopher Bendon, ASLA Planner Aspen/Pitkin County Development Department 130 South Galena Street Aspen, CO 81611 Smuggler Hunter Trust Subdivision and Rezoning Application for City Park at 0002 Williams Way, Aspen Dear Chris: This application is for a combined subdivision and rezoning of the southerly 16,559 sq. ft. of the Applicant's property at 0002 Williams Way in the City of Aspen, Colorado, so that it may be conveyed to the City of Aspen for the purposes of creating a passive, neighborhood park under the jurisdiction of the Aspen Parks Department. See, the Plat submitted with this application. In addition, the portion of the property lying between the land to be conveyed and Williams Way on the North, comprising approximately 6,453 sq. ft., will be subject to a perpetual easement running in favor of the City of Aspen to be used for the same purpose. The reason such portion will not be conveyed is because it comprises part of the necessary minimum lot size of 27,001 sq.ft. required by the R/MFA Zone District in which the property is located. Please refer to the Plat. Rezoning of the Sourtherly portion to be deeded is necessary because it will comprise a substandard size lot, which will be designated on the Zoning Map as Park. Existing conditions are as follows: the land for the park is vacant and undeveloped, with several clumps of trees, generally level but sloping down on the West side into a heavily treed area of Cottonwoods and Willows. Although it is located in the EPA Toxic Waste r Y_ Site, it was remediated by the EPA in recent years by means of the application of at least one -foot of top soil to seal off the contaminated soil, and, consequently, landowner liability has been mitigated. The City Parks Department plans to landscape the area further, add picnic tables and play equipment for young children and may create not -to -exceed four parking spaces indented into the existing curb and gutter on the West side of Spruce Street. Subdivision and Rezoning Combined Review is a two-step process, requiring public hearings, duly noticed by publication and mailing, by both the Planning and Zoning Commission and the City Council. Pursuant to our Pre -Application Conference on August 28, 1998, I submit herewith 25 copies of the subject application on behalf of the Applicant and owner of the property, Smuggler Hunter Trust, Elizabeth Aley, Sole Trustee, together with the following attachments: 1. Pre -Application Conference Summary. 2. Attachment # 1, proof of waiver of fee agreement. 3. Response to Attachment #2, not applicable. 4. Response to Attachment #3, minimum submission contents. 5. Response to Attachment #4, Specific Submission Contents. 6. Response to Attachment #5, Review Standards for this Application Sincerely, --` ,lLI - Maxwell Aley cc: David Hoefer, Esq. Assistant City Attorney w/enclosures Rebecca Schickling, City Parks w/enclosures A CANNER: CITY OF ASPEN PRE -APPLICATION CONFERENCE SUMMARY Chris Bendon, 920.5072 DATE: 8.28.98 PROJECT: Aley Subdivision and Rezoning REPRESENTATIVE: Maxwell Aley OWNER: Maxwell Aley. 2 Williams Way; Aspen, CO 81611 TYPE OF APPLICATION: 2 Step. PZ and CC DESCRIPTION: Subdivision of portion of parcel across the street from existing residence for transferal to City for a City Park. Rezoning to Park Land Use Code Section(s) 26.88 Subdivision 26.92 Rezoning Review by: Staff for completness, Development Review Committee (DRC) for technical considerations, Planning and Zoning Commission for recommendation to City Council, City Council for final consideration. Public Hearing: Yes, public hearing(s) are at P&Z (and at second reading of the ordinance by City Council). Applicant must post property and mail notice at least 10 days prior to hearing, or at least 15 days prior to the public hearing if any federal agency, state, county, municipal government, school, service district or other governmental or quasi -governmental agency owns property within three hundred (300) feet of the property subject to the development application . Applicant will need to provide proof of posting and mailing with a affidavit at the public hearing. Referral Agencies: Engineering, Parks, Zoning Planning Fees: Planning Deposit, Major (12 hours) ($2160) Referral Agency Fees: Engineering Fee, Major ($270); Total Deposit: $2,430 (additional hours are billed at a rate of $180/hour) Please show proof of waiving land use fees. To apply, submit the following information: l . Proof of ownership. 2. Signed fee agreement. tar, Co,�4(a�-6vJ vvr_ 3. Applicant's name, address and telephone number in a letter signed by the applicant which states the name, address and telephone number of the representative authorized to act on behalf of the applicant. 4. Street address and legal description of the parcel on which development is proposed to occur, consisting of a current certificate from a title insurance company, or attorney licensed to practice in the State of Colorado, listing the names 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. 5. Total deposit for review of the application 6. 25_ Copies of the complete application packet and maps. Submit One to Planner first. UPC = 12; PZ = 10; GMC = PZ+5; CC = 7; Referral Agencies = 1 /ea.; Planning Staff = 2 7. An 8 1/2" by I I" vicinity map locating the parcel within the City of Aspen. 8. Site improvement survey including topography and vegetation showing the current status, including all easements and vacated rights of way, of the parcel certified by a registered land surveyor, licensed in the state of Colorado. (This requirement, or any part thereof, may be waived by the Community Development Department if the project is determined not to warrant a survey document.) 9. Additional materials as required by the specific review. Please refer to the application packet for, specific submittal requirements or to the code sections noted above. P' @ t 9 l 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. Please include existing conditions as well as proposed. List of adjacent property owners within 300' for public hearing. 12. Copies of prior approvals (Land use waiver contract) 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. Smuggler Hunter Trust Subdivision Application ATTACHMENT #1 No Fee Agreement with the City of Aspen is required because, pursuant to the terms of the Contract for Purchase between the Applicant, as Seller, and the City, as Buyer, the fees are waived. Copy of said agreement is attached hereto. CONTRACT TO BUY AND SELL REAL ESTATE VACANT LAND 1. PARTIES AND PROPERTY: The City -of Aspen, Colorado, hereinafter referred to as- "Buyer," agrees to buy and Smuggler Hunter Trust, with Elizabeth Aley as sole trustee, hereinafter referred to as "Seller," agrees to sell, contingent on the terms and conditions set ,forth in this contract, the following described real estate in the County of Pitkin, State of Colorado: See the legal description set forth in Exhibit "A" attached hereto and incorporated herein by reference. The real estate is further known as the open space parcel located at 0002 Williams Way, Aspen, Colorado 81611. The sale includes all interest of the Seller in vacated streets and alleys adjacent thereto and all easements and other appurtenances thereto, except as expressly excluded herein. 2. PURCHASE PRICE AND TERMS: The purchase price shall be one hundred and seventy-five thousand dollars ($175,000.00), payable in United States dollars by Buyer as follows: Cash at closing: One hundred seventy-five thousand dollars ($175,000.00) to be paid by Buyer at closing in funds which comply with all applicable Colorado laws. 3. CONDITIONS: The contract to buy and sell is subject to the following conditions: a. The Buyer is purchasing the property for the purpose of creating a neighborhood city park which shall be perpetually deed restricted for such purpose by the conveyance to be made herein, subject to the "rule against perpetuities," and shall be deed restricted for a period of ten (10) years as a passive park which shall. emphasize usage by small children and families and which may be equipped with picnic tables and playground equipment. During the ten (10) year period, no volleyball, skateboard, or basketball facility shall be provided in the park. Any toilet facility shall be screened from view of the Seller's residence located at 0002 Williams Way, Aspen, Colorado. b. The Buyer shall provide no more than four (4) additional parking spaces off of Spruce Street for city park purposes, including one handicapped parking space. The north end of the city park shall not provide for any motor vehicle parking off of Williams Way. c. The north end of the city park shall be screened from the Seller's house by landscaping such as trees and shrubs. d. A condition of closing shall be the approval of the subdivision of Seller's property to be conveyed and used for park purposes hereunder in accordance with all Aspen City Code provisions. The Seller shall apply for the subdivision. The Buyer shall waive all city fees in connection with the application. A further condition of this contract shall be that the Seller's remaining property after the closing of the contract shall be a legal lot (minimum 27,001 sq. ft.) pursuant to the R/MFA zoning district. If the subdivision process is not completed by December 31, 1998, this contract may be deemed null and void without penalty at the option of the Seller or the Buyer. e. A further condition of this contract that the Seller obtain the removal by Pitkin County, Colorado, of the open space deed restriction described in the Improvement and Development Deed Restriction dated November 11, 1993, and recorded in Book 731 at Page 218 in the office of the Clerk and Recorder of Pitkin County, a copy of which is- attached hereto as Exhibit `B." Unless- such restriction is removed before December 31, 1998, this contract may be deemed null and void without penalty at the option of the Seller or the Buyer. f. The Seller shall execute and deliver at closing a perpetual easement for the city park in the form attached hereto as Exhibit "C" covering that portion of the Seller's remaining property lying on the south side of Williams Way. g. Prior to closing and delivery of the deed and easement hereunder, Buyer shall obtain, at its sole cost and expense, survey descriptions for the property and the easement, which shall be substituted for the descriptions used in Exhibit "A" and Schedule "1" of Exhibit "C" of this contract. h. This contract shall be governed by and construed in accordance with the laws of the State of Colorado. i. The Aspen City Council must approve this contract before the authorized officials of the City can accept the same. j. All covenants of this contract required to be performed by the Buyer shall survive the closing and be specifically enforceable thereafter. - k. Unless otherwise provided herein, all notices and information required herein shall be deemed to have been properly given or transmitted if and when deposited, certified and postage prepaid, in the United States mail or transmitted by facsimile, addressed to the parties at the addresses and to the attention of the representatives indicated below: 2 Buyer: City Attorney City of Aspen 130 South Galena Aspen, CO 81611 (970) 920-5055 (telephone) (970) 920-5119 (fax) Seller: Maxwell Aley Attorney at Law No. 2 Williams Way Aspen, CO 81611 (970) 925-5376 (telephone and fax) Either party may change its address for purposes of this agreement by giving written notice to the other party in accordance with the provisions of this paragraph. 1. If an action is brought to enforce any obligation herein, or if an action is brought as a result of any breach of a representation or warranty set forth herein, the prevailing party shall be entitled to recover such costs and expenses as may have been properly incurred by the party in enforcing his or her rights herein, including but not limited to reasonable attorneys fees, costs of suit, and costs of any appeal. The term action shall be deemed to include any alternative dispute resolution. m. In any event, if this contract is not closed by December 31, 1998, Seller may terminate this contract by giving notice to Buyer. 4. NOT ASSIGNABLE: This contract shall not be assignable by Buyer without Seller's written consent . Except as so restricted, this contract shall inure to the benefit of and be binding upon the heirs, personal representatives, successors and assigns of the parties. 5. EVIDENCE OF TITLE: Seller shall furnish to Buyer, at Seller's expense, either a current commitment for owner's title insurance policy in an amount equal to the purchase price or at Seller's choice an abstract of title certified to a current date, on or before five days after City Council approval of the contract ("title deadline"). If a title insurance commitment is furnished, Buyer may require of Seller that copies of instruments (or abstracts of instruments) listed in the schedule of exceptions in the title insurance commitment also be furnished to Buyer at Seller's expense. This requirement shall pertain only to instruments shown of record in the Office of the Clerk and Recorder_ of Pitkin County, Colorado. The title insurance commitment, together with any copies or abstracts of instruments furnished pursuant to this section constitute the "title documents." Buyer must require Seller in writing to furnish copies of abstracts of instruments listed in the schedule of exceptions no later than ten (10) calendar days after the title deadline. If Seller furnishes a title insurance commitment, Seller will pay the 3 premium at closing and have the title insurance policy delivered to Buyer as soon as practicable after closing. 6. TITLE: a. Title Review: Buyer shall have the right to inspect the title documents or abstract. Written notice by Buyer of unmerchantability of title or of any other unsatisfactory title condition shown by the title documents or abstract shall be signed by or on behalf of Buyer and given to Seller on or before ten calendar days after the title deadline, or within ten (10) calendar days after receipt by Buyer of any title document or endorsement adding new exceptions to the title commitment together with a copy of the title document adding new exceptions to title. If Seller does not receive Buyer's notice by the date specified above, Buyer accepts the condition of title as disclosed by the title documents as satisfactory. - b. Matters Not Shown by the Public Records: Seller shall deliver to Buyer on or before the title deadline true copies of all leases and surveys in Seller's possession pertaining to the property and shall disclose to Buyer all easements, liens, or other title matters not shown by the public records of which Seller has knowledge. Buyer shall have the right to inspect the property to determine if any third party has any right in the property not shown by public records. Written notice of any unsatisfactory condition disclosed by Seller or revealed by such inspection shall be signed by or on behalf of Buyer and given to Seller on or before ten calendar days after receipt by Buyer of any title matter not shown by the public records. If Seller does not receive buyer's notice by said date, Buyer accepts title subject to such rights, if any, of third parties of which Buyer has actual knowledge. c. Special Taxing Districts: Special taxing districts may be subject to general obligation indebtedness that is paid by revenues produced from annual tax levies on the taxable property within such districts. Property owners in such districts may be placed at risk for increased mill levies and excessive tax burdens to support the servicing of such debt where circumstances arise resulting in the inability of such a district to discharge such indebtedness without such an increase in mill levies. Buyer should investigate the debt financing requirements of the authorized general obligation indebtedness of such districts, existing mill levies of such district servicing such indebtedness, and the potential for an increase in such mill levies. In the event the property is located within a special taxing district and Buyer desires to terminate this contract as a result, if written notice is given to Seller on or before the date set forth in subsection _6, this contract shall then terminate. d. Right to Cure: If Seller receives notice of unmerchantability of title or any other unsatisfactory title condition as provided in subsections a and b above, Seller shall use reasonable effort to correct said unsatisfactory title condition prior to the date of closing. If Seller fails to correct unsatisfactory title conditions on or before 0 0 the date of closing, this contract shall then terminate, provided, however, that Buyer may by written notice received by Seller, on or before closing, waive any objection to said unsatisfactory title condition. 7. DATE OF CLOSING: The date of closing shall be by mutual agreement but not later than December 31, 1998. 8. TRANSFER OF TITLE: Subject to tender of payment at closing as required herein and compliance by Buyer with the other terms and provisions hereof, Seller shall execute and deliver a good and sufficient special warranty deed to Buyer on closing, conveying the property free and clear of all taxes except the general taxes for the year of closing. Title shall be conveyed free and clear of all liens for special improvements installed as of the date of buyer's signatures hereon, whether assessed or not . 9. PAYMENT OF ENCUMBRANCES: Any encumbrance required to be paid shall be paid at or before closing from the proceeds of this transaction or from any other source. 10. CLOSING COSTS, DOCUMENTS, AND SERVICES: Buyer and Seller shall pay, in good funds, their respective closing costs and all other items required to be paid at closing except as otherwise provided herein. Buyer and Seller shall sign and complete all customary or required documents at or before closing. Fees for real estate closing services shall not exceed three hundred dollars ($300.00) and shall be paid at closing one half by Buyer and one half by Seller. Any local transfer tax shall be paid by Seller. Any sales and use tax that may accrue because of this transaction shall be paid when due by Seller. 11. PRORATIONS: General taxes for the year of closing, based on the taxes for the calendar year immediately preceding closing, if any shall be prorated to date of closing. 12. POSSESSION: Possession of the property shall be delivered to Buyer on delivery of deed. If seller after closing fails to deliver possession on the date herein specified the Seller shall be subject to eviction and shall be additionally liable to the Buyer for payment of $250 per day from the date of agreed possession until possession is delivered. 13. CONDITION AND DAMAGE TO PROPERTY: Except as otherwise provided in this contract, the property and inclusions shall be delivered the condition existing as of the date of the contract,. In the event the property shall be damaged by fire or other casualty prior to time of closing, Seller shall be obligated to repair the same before the date of closing. If the property cannot be returned to its original state, the Buyer may elect to cancel this contract. 14. TIME OF ESSENCE/REMEDIES: Time is of the essence hereof. If any note or check received as earnest money thereunder or any other payment due hereunder is not paid, honored or tendered when due, or if any other obligation hereunder is not performed 5 or waived as herein provided, there shall be the following remedies: a. If Buyer is in default: Specific performance. Seller may elect to treat this contract as canceled, in which case all payments and things of value received hereunder shall be forfeited and retained on behalf of Seller, and Seller may recover such damages as may be proper, or Seller may elect to treat this contract as being in full force and effect and Seller shall have the right to specific performance or damages or both. b. If Seller is in default: Buyer may elect to treat this contract as canceled in which case all payments and things of value received hereunder shall be returned and Buyer may recover such damages as may be proper, or Buyer may elect to treat this contract as being in full force and effect and buyer shall have the right to specific performance or damages or both. c. Costs and expenses: Anything to the contrary herein notwithstanding, in the event of any arbitration or litigation arising out of this contract, the arbitrator or court shall award to the prevailing party all reasonable costs and expenses, including attorney fees. 15. RECOMMENDATION OF LEGAL COUNSEL: By signing this document buyer and seller acknowledge that this document has important legal consequences and has recommended the examination of title and consultation with legal counsel before signing the contract. 16. MODIFICATION OF THIS CONTRACT: No subsequent modifications of any of the terms of this contract shall be valid, binding upon the parties, or enforceable unless made in writing and signed by the parties. 17. ENTIRE AGREEMENT: This contract constitutes the entire contract between the parties relating to the subject matter hereof, and any prior agreements pertaining thereto whether oral or written have been merged and integrated into this contract. CITY O P N, OLORADO ATTEST: BY: Kathryn h Amy arge !7AA City Cler City anag SMUGGLER HUNTER TRUST By: Elizabeth y Sole Trustee 0 EXHIBIT "A" Attached to and made a part of that certain Vacant Land Farm and Ranch Contract to Buy and Sell Real Estate dated September 4, 1997 between The City of Aspen, as Buyer, and Smuggler Hunter Trust, as Seller PROPERTY DESCRIPTION That portion of the following described property lying South of an East-West line delineating the northerly portion thereof comprising a 27,001 sq. ft. legal minimum lot per the City of Aspen R/MFA Zoning District, to wit: A parcel of land situated in the Southeast 1/4 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 a point whence a 1954 brass cap set for the Center 1/4 Corner of said Section 7--bears, N. 19.16'09" W. 250.79 feet; thence S. 88.48136" E. 139 feet; thence S. 01.02142" W. 316.8'1 feet; thence N. 88.48'36" W. 135.99 feet; thence N. 00.30100" E. 316.83 feet to the point of beginning; Also known as 0002 Williams Way, Aspen CO 81611 DYTROI.vlaME AND DEV=PAM=N DEE 'RZ7rRI=ON This Irn�?rove:nent and Develcpmcnt Dced Restriction -is made and entered into this day of V�o �° %� .�'✓ 19-93 bc:ween ' the Pitkin CountyBoard rd of County Commissioners ("Grantor") and the Smuggler Hunter Trust, a trust registered in Pitkin County District Court as Case No, 88 PR 16 ("Grantee"). - Cl 1'ALS Whereas, the Grantor is the owner of certain real property located in Pitkin County, more fully described in the Spc--:al' Wa. -aaty Deal to which this Deed Restriction is attached as Exhibit C ("Property"); and Whereas; Grantor wishes to convey and Grantee wishes to acceept the Proverty pursuant to a Rcal Proper;y Exc,�;a^ge Contract between the parties which pro-vides that improve;ne nts and development will be prchibited on that portion of the property lying South of Williams Way, NOW TI ERE: OR ,' in ccrsideraticn of Ten Dollars and the further consideration supporting the attached Special Wa.: anty Decd, the sufliciency of which is hereby acknowledged, Grantor and Grantee r cpr-sent, covenant and ' agr ce as follows: 1. Grantee, its successors and ass gns is prohibited, enjoined and forever barred from constructing or allowing to be cons c d , any structures, buildings, irnproveenu, or facilities of any kind or nature, or any development, as development is defined in the Pit do County Land Use Code, including but not limited to fencLng, on' the Southerly 185 feet of the. Property. Grant-_` is - allowed, however, to landscape with vegetation and to construct `and maintain gardens on the Souther ly 185 feet of the Property. 2.. .The panties hereto may supple^ent the above description of the Property with a. certified survey prepared a: a later date. exhibiting . and detailing -that all construction, buildings, improvcments or facItiesr of any kind or nature,, or development, as development is defined in the Pitkin Counrf Land Use Codc, is prohibited from the portion of the Property- located South of Williams Way. 3., 's Deed Restriction shall constitute covenants 1 running with the real property as a burden thereon. for the bcneht of, and shall be specifically enforceable by, the Pitldn County Board of County Commissioners, and its successors and assigns, as applicable, by any appropriate legal acticn, including but not limited to, injunction, abatement, reversion, specific performalice, or eviction. 4. There is hereby reserved to the Parries hereto any and all remedies' provided by law. for breach of this Agreement and Decd Restriction or any of its terms. In the event the Parties resort to litigation with respect to any or all provisions of this Agreement and Deed Restriction, the prevailing par:par:y shall be entitled to recover damages and costs, including reasonable attorney's fees. S. The provisions and covenants contained herein shall inure to and be binding upon the heirs, succci ssors and assigns of the Grantor and Grange. ' . 6. No claim of waiver, consent or acquiescence with respect to any provision E • !' of this Agreement and Deed Restriction shall be valid against any party hereto except on the basis of a written instrument executed by the -parties to this Agreement and Deed Restriction. • ' 7. Grantee• agrees that it shall be personally liable for any of violation of the Provisions herein. The term "Grantee" shall mean the person or persons who shall acquire an ownership interest in the Property in compliance with the terms and. provisions of this Agreement and Decd RcsL-iction; it being understood that such person or persons shall be deemed the "Grantee" hereunder only during the period of his or her ownership interest in the Property and shall • be obligated he; eunder for the full. and complete pe Iormancc and obser,, ancr of all covena ts, conditions and restrictions contained he: ein during such pernod. In witness hc: cof, the Parties hc; c:o have executed this instrument on the day and year L-st written. Grantor - Pitkn County Board of unty Commissioners a By: ' Bill uitc, Chairman : STATE OF COLORATDo ) COUNTY OF. Pr —I KIN ) . - --The foregoing was c amowled cd before. me this i �' `' • 1993 b i l r'-t2, r g � . day of y L � r o.. 2 Attached to and made a part of that certain Vacant Land Farm and Ranch Contract to Buy and Sell Real Estate dated September 4, 1997 between The City of Aspen, as Buyer, and Smuggler Hunter Trust, as Seiler. EASEMENT AGREEMENT THIS AGREEMENT made this day of , 19971 between THE CITY OF ASPEN. COLOR.ADO, a municipal corporation (hereinafter "City"), and SMUGGLER HUNTER TRUST, a revocable trust, acting through its sole trustee, Elizabeth Aley (hereinafter "Trust*). WHEREAS, Trust is the owner in fee simple tit'e of the real property described in Schedule " 1 " attached hereto and incorporated herein by reference (hereinafter called the "Property*); and WHEREAS, the City wishes to acquire the subject easement for the purposes of creating and utilizing the same as part of a neighborhood park in connection with other real estate conveyed simultaneously by Trust to City. NOW, THEREFORE, for and in consideration of the sum of Ten ($10.00) Dollars and other good and valuable considerations, receipt whereof is hereby acknowledged by Trust, the Trust hereby does grant, bargain, sell, convey and assign to City a perpetual and exclusive easement in, to, upon and over the Property, subject, however, to that certain Permanent Access and Utility Easement from Pitkin County to Pitkin County recorded February 14, 1993 in Book 669 at Page 420. This easement is perpetually restricted to use as a neighborhood park and, in addition, restricted for a period of ten (10) years as part of a passive park with -emphasis on small child and family usage equipped only with picnic tables and playground equipment without any provision made to create a volleyball, skateboard or baseball facility, and any toilet facility shall be screened from view from Trust's residence property across the street. No motor vehicle parking shall be permitted on the Property and landscape screening shall be installed and maintained on the North side of the Property but not to exceed a height of ten (10) feet. The City covenants with the Trust, its successors, assigns, and legal representatives, that it shall bear full responsibility for the use and enjoyment of this easement and shall save and hold Trust, its successors, assigns, and legal representatives, Y harmless from any claim of damages to person or premises resulting from the use, occupancy and possession of the same by the City and the public. All covenants and conditions of this agreement shall be specifically enforceable, as applicable, by any appropriate legal action, including but not limited to injunction, abatement, specific enforcement, reversion, or eviction after thirty (30) day written notice. In the event that the parties resort to litigation or alternative dispute resolution, the prevailing party shall be entitled to recover damages and costs, including reasonable attorneys' fees No claim of waiver, consent or acquiescence with respect to any provision of this agreement shall be valid against Trust, except on the basis of a written instrument, executed and accepted by Trust. TO HAVE AND TO HOLD the said easement unto City, its successors and assigns forever. The provisions and covenants hereof shall inure to and be binding upon the parties, their successors, assigns, heirs, and legal representatives. IN WITNESS WHEREOF, the parties have executed this instrument the day. and year first above written. SMUGGLER HUNTER TRUST THE CITY OF ASPEN, COLORADO By y BP,, ( .- Elizabeth Aley, John B nett, Mayor Sole Trustee ATTEST: By Kathryn K Aspen City Clem. = ale\easement. k SCXED 'Tin Attached to and made a part -of that certain -Vacant Land Farm and Ranch Contract to Buy and Sell Real Estate dated September 4, 1997 between The City of Aspen, as Buyer, and Smuggler Hunter Trust, as Seller EASEMENT DESCRIPTION That portion of the following described property lying between the South line of the City of Aspen Street called "Williams Way" and North of an East-West line delineating the northerly portion of the following described property comprising a 27,001 sq. ft. legal minimum lot per the City of Aspen R/MFA Zoning District, to wit: A parcel of land situated in the Southeast 1/4 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 a point whence a 1954 brass cap set for the Center 1/4 Corner of said Section 7 bears N. 19.16109" W. 250.79 feet; thence S. 88.48'36" E. 139 feet; thence S. 01.02142" W. 316.81 feet; thence N. 88.48'36n W. 135.99 feet; thence N. 00.3010011 E . 316.83 feet to the point of beginning; Also known as 0002 Williams Way, Aspen CO 81611 a1q\ ale\schedule.l ATTACHMENT 2 DIMENSIONAL REQUIREMENTS FORM Project: Applicant: Location: Zone District: Lot Size: / Lot Area: (for the purposes of calculating Floor Area,,Lot Area may be reduced for areas within the high water mark, easements, and steep slopes. Please refer to the definition of Lot Area in the Municipal Code.) Commercial net leasable: Existing. Proposed. - Number of residential units: Existing. Proposed. - Number of bedrooms: Existing.• Proposed. - Proposed % of demolition (Historic properties only): 0� DIMENSIONS: Floor Area: Existing::-, Allowable: Proposed: Principal bldg. height: Existing.- Allowable. Proposed: Access. bldg. height: Existing: Allowable: Proposed: On -Site parking: Existing.- Required: Proposed.• % Site coverage: Existing: Required: Proposed: % Open Space: Existing: Required.- Proposed. - Front Setback: Existing: Required: Proposed. - Rear Setback: Existing: Required: Proposed. - Combined F/R: Existing: Required: Proposed: Side Setback: Existing: Required: Proposed: Side Setback: Existing: Required.- Proposed: Combined Sides: Existing: Required.- Proposed. Existing non -conformities or encroachments: Variations requested: Smuggler Hunter Trust Subdivision and Rezoning Application ATTACHMENT #3 Minimum Submission Contents 1. Attached Applicant's letter designating authorized representative. 2. The City Park development at 0002 Williams Way, Aspen, will occur on that part of the attached Exhibit A legal description lying South of the Williams Way street and utility easement. See, Survey Plat. 3. Disclosure of ownership, etc., in the form of Pitkin County Title, Inc.'s commitment for title insurance No. PCT12328_ dated September , 1998, together with the consents of the two lien holders. The owner of the property is the Applicant. 4. Aspen vicinity map showing location of subject property. 5. A site improvement survey certified by Aspen Survey Engineers, Job No. 27309, dated , 199 in draft form. SEP 14 199 11:49AM WAGAR ASSOCIATES P.1 ELIZABETH ALBY 3937 P 10 Lane Paonia, CO 81428 Telephone: (970) 527-5651 September 11, 1998 Community Development Department Planning Office City of Aspen 130 South Galena Aspen, CO 81611 Subdivision and Rezoniag Application of Smuggler lRunter Trost fpr PuMoses of Cteetlug a City Parlc at 0002 Williams Way, Aspen As the sole trustee of the Smuggler Ijunter Trust, owner of the subject pr °p`m, i hereby designate the following person as my representative in connection with the captioned application: Maxwell Aley Attorney at Law 3937 P 10 Lane Paonia, CO 81429 Telephone: (970) 527-5631 Sincerely, Elizab;oth or the Smuggler Hunter Trust TO 39Vd A37V 7 13MXVW 9LEGGZGEOE 99 : EO 566 T /90 / TO EXHIBIT A Parcel Of land situated in the Southeast 1/'4 of Section 7, Townshi J South, Range 84 West of the Gth P.m. Pitkin county, Cod p orado, neing moire fully described an follows: Beginning at a paint whence a 1954 brass -cap Corner of said Section 7 bearsset for the Center 1/4 thence s 88048,36t, W 250.79 feet; Centex feet; thence S 0100214211 W 316-81 feet; thence N sac48i36ii W 135.99 feet' thence N 00030100,, E 316.83 feet to the. point of: beginning. TOTAL P.M, 1 `fhe undamiped mortgagm holds a lien tin the rea property bmmn as 2 Williams Way, Amm, Cokmwio 91611, which is legally dewn1bed in Exhibit "A" hereto Wbich is ited herein by refer,_ The undersigned hereby consents to the film with the City of Aspen, Colorado., of a subdivision application for such prey by the owner thereof_ .41. _i___ Dated this day of l+t+oven&er, 1997, FIRST B OF SOUTH DAKOTA ay_ i �.... Get v .. P c and Till 6 J 5 0 S. j— ) vim• �' � :� M,( ok� un 0 IT x Smuggler Hunter Trust Subdivision and Rezoning Application ATTACHMENT # 4 Specific Submission Contents Development and Rezoning Review by Planning and Zoning Commission and by City Council All of these matters have been covered in the other attachments and exhibits to this application, reserving, however, to the City Parks Department a supplemental application at some future date certain specifics for the final design of the park, such as proposed recontouring and landscaping of the portion of the property to be acquired by City Parks, the location of water lines for a drinking fountain and irrigation system, letter from the City Water Department regarding required service, storm drainage, possible tree removals, projected traffic generation, etc. The surveyor will supply the GIS Data per the requirements. Written responses to the review criteria will be supplied by the review agencies per the Pre -Application Summary. The matters to be included, in addition, for review by the City Council will be prepared and included at the time of that review or thereafter in accordance with the requirements. Development Application for Amendment to Text or Map A. If there is no Zone District in the City Code for Park, then the City Attorney will need to draft the language of a code amendment. B. The Zone District Map will have to be amended to show the area as a Park. The Area therefor comprises 23,012, which is reflected on the survey plat. C . Response to the Standards of Review are set forth in Attachment 5. Smuggler Hunter Trust Subdivision and Rezoning Application ATTACHMENT #5 Review Standards Development Application for Subdivision and Rezoning Responses by Applicant 1. General Requirements: a. The proposed subdivision and rezoning is consistent with the Aspen Area Comprehensive Plan. b. The proposes subdivision and rezoning is consistent with the character of existing land uses in the area, which is a multi -family district (RIMFA) with Centennial on the East and South, Hunter Creek Commons on the West, and Williams Woods to the Northeast. A neighborhood park will usefully serve an area deficient in public parks. c. There will be no adverse affect upon the future development of the surrounding areas, which are already fully developed. d. The proposed subdivision and rezoning will be in compliance with all applicable requirements of the applicable City Code requirements. 2. Suitability of Land for Subdivision and Rezoning a. Land Suitability. The proposed subdivision is located on land suitable for park development because it has been vacant for numerous years without flooding, drainage, soil conditions or geologic hazards or or other conditions that will be harmful to the health, safety, or welfare of the users of the proposed park in the neighborhood, nor is there map or other evidence that such conditions exist. b . Spatial Pattern Efficient. The proposed subdivision is already served by existing utilities, streets and other public facilities bordering the property and will cause no unnecessary public costs. 3. Improvements 1 t In view of the fact that all necessary improvements for the subdivision are already in place at the lot line, the only additional improvements will be the creation of the not -to -exceed four parking places on the West side of spruce Street, and the neighborhood park facilities mentioned above, which may include some asphalt for paths and high use areas. Water service will be used for drinking fountains and irrigation of sodded areas and vegetation, and there will possibly be electric service for overhead lights. Of course, the surveyor will install permanent survey monuments, range points, and lot pins where not already in place. 4. Design Standards a. Streets and Related Improvements. There will be no improvements of this nature, except for the parking spaces created on Spruce Street, which will comply with City standards. b. Easements. No applicable. c. Lots and blocks. No applicable.. d. Survey Monuments. Full compliance with the City regulations. e. Utilities. Any potable water line and appurtenances shall comply with City standards and regulations. f. Storm drainage. (1) . Drainage plan. The drainage plan for the proposed park shall comply with the criteria in the City's Urban Runoff Management Plan. (2). Detention Storage. No applicable to the conditions existing. (3). Maintain Historical Drainage Flow. Existing conditions not applicable to the standard defined. (4) . Calculation and Quantities of Flow. Existing conditions not applicable to he standard defined. g. Flood Hazard Areas. Not applicable. 2 h. The only proposed structure would be playground equipment and rest rooms. i. Variation of design standards. Not applicable. 5. Affordable Housing. Not applicable. 6. School Land Dedication Standards. Not applicable. Subdivision Agreement. Not applicable. k Smuggler Hunter Trust Subdivision and Rezoning Application ATTACHMENT #7 Public Hearing Notice Requirements In the two-step process herein required public notices by publication and mailing must be given for the hearings both by the Planning and Zoning Commission and the City Council, and Affidavits of Posting will be filed by the Applicant. Commitment for Title Insurance Fidelity National Title Insurance Company A Stock Company COMMITMENT FOR TITLE INSURANCE FIDELITY NATIONAL TITLE INSURANCE COMPANY, a Corporation, herein called the Company, for valuable consideration, hereby commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the proposed insured named in Schedule A, as owner or mortgagee of the estate or interest covered hereby in the land described or referred to in Schedule A, upon payment of the premiums and charges therefore; all subject to the provisions of Schedules A and B and to the Conditions and Stipulations hereof. This Commitment shall be effective only when the identity of the proposed Insured and the amount of the policy or policies committed for have been inserted in Schedule A hereof by the Company, either at the time of the issuance of this Commitment or by subsequent endorsement. This Commitment is preliminary to the issuance of such policy or policies of title insurance and all liability and obligations hereunder shall cease and terminate six (6) months after the effective date hereof or when the policy or policies committed for shall issue, whichever first occurs, provided that the failure to issue such policy or policies is not the fault of the Company. This Commitment shall not be valid or binding until countersigned by an authorized officer or agent. IN WITNESS WHEREOF, the Company has caused this Commitment to be signed and sealed, to become valid when countersigned by an authorized officer or agent of the Company, all in accordance with its By -Laws. This Commitment is effective as of the date shown in Schedule A as "Effective Date." Countersigned Authorized S FidelityAb oml ritle ftwranceCompany t�i LE �H BY o GOp,POR,gii`9<yo < m Y SEALS 7Z President Tea ATTEST clf� r�secretary FORM 27-83-66 (9/94) Valid Only if Schedule A and B are Attached ABTA COMMITMENT - 1966 The conditions of this commitment require that the premium and charges be paid prior to the issuance of the title policy(s). Therefore, no policy(s) will be issued until the charges have been remitted to the issuing agent. FNT COMMITMENT FOR TITLE INSURANCE SCHEDULE A 1. Effective Date: 08/20/98 at 08:30 A.M. -- Case No. PCT13119C2 2. Policy or Policies to be issued: (a) ALTA Owner's Policy -Form 1992 Amount$ 175,000.00 Premium$ 347.00 Proposed Insured: Rate:RE-ISSUE CITY OF ASPEN (b) ALTA Loan Policy -Form 1992 Amount$ Premium$ Proposed Insured: Rate: 3. Title to the FEE SIMPLE estate or interest in the land described or referred to in this Commitment is at the effective date hereof vested in: SMUGGLER HUNTER TRUST The land referred to in this Commitment is situated in the County of PITKIN, State of COLORADO and is described as follows: See Attached Exhibit "A" PITKIN COUNTY TITLE, INC. 601 E. HOPKINS ASPEN, CO. 81611 970-925-1766 970-925-6527 FAX AUTHORIZED AGENT Schedule A-PG.1 This Commitment is invalid unless the Insuring Provisions and Schedules A and B are attached. EXHIBIT A That portion of the following described property lying South of an East-West line delineating the Northerly portion thereof: A parcel of land situated in the Southeast 1/4 of Section 7, Township 10 South, Range 84 West of the Gth P.M., Pitkin County, Colorado, being more fully described as follows: Beginning at a point whence a 1954 brass cap set for the Center 1/4 Corner of said Section 7 bears N 1901GIO9" W 250.79 feet; thence S 8804813G" E 139.00 feet; thence S O1002142" W 316.81 feet; thence N 8804813G" W 135.99 feet; thence N 00030100" E 316.83 feet to the point of beginning. NOTE: UPON RECEIPT OF A REVISED SURVEY THE ABOVE LEGAL DESCRIPTION WILL BE AMENDED ACCORDINGLY. FNT SCHEDULE B - SECTION 1 REQUIREMENTS The following are the requirements to be complied with: ITEM (a) Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be insured. ITEM (b) Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record to -wit: 1. Partial Release by the Public Trustee of the, Deed of Trust from : ELIZABETH ALEY to the Public Trustee of the County of Pitkin for the use of : WEYERHAEUSER MORTGAGE COMPANY to secure : $135,000.00 dated : June 27, 1996 recorded : July 3, 1996 reception no. : 394385 Duly acknowledged Assignment of the Deed of Trust recorded February 10, 1997 as Reception No. 401653 assigning the Deed of Trust to BANK OF NEW YORK TRUSTEE. 2. Partial Release by the Public Trustee of the, Deed of Trust from : ELIZABETH ALEY AND MAXWELL ALEY to the Public Trustee of the County of Pitkin for the use of : FIRST BANK OF SOUTH DAKOTA to secure : $25,000.00 dated : April 29, 1997 recorded : June 25, 1997 reception no. : 405722 3. Deed from : SMUGGLER HUNTER TRUST To : CITY OF ASPEN 4. Certificate of nonforeign status executed by the transferor (s) . (This instrument is not required to be recorded) 5. Completion of Form DR 1079 regarding the witholding of Colorado Tax on the sale by certain persons, corporations and firms selling Real Property in the State of Colorado. (This instrument is not required to be recorded) 6. Evidence satisfactory to the Company that the Declaration of Sale, Notice to County Assessor as required by H.B. 1288 has been complied with. (This instrument is not required to be recorded, but must be delivered to and retained by the Assessors Office in the County in which the property is situated) FNT SCHEDULE B SECTION 2 EXCEPTIONS The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 1. Rights or claims of parties in possession not shown by the public records. 2. Easements, or claims of easements, not shown by the public records. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, any facts which a correct survey and inspection of the premises would disclose and which are not shown by the public records. 4. Any lien, or right to a lien, for services, labor, or material heretofore or hereafter furnished, imposed by law and not shown by the public records. S. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. 6. Taxes due and payable; and any tax, special assessment, charge or lien imposed for water or sewer service or for any other special taxing district. 7. Right of the proprietor of a vein or lode to extract or remove his ore therefrom, should the same be found to penetrate or intersect the premises hereby granted as reserved in United States Patent recorded December 24, 1902 in Book 55 at Page 116. Terms, conditions, restrictions and obligations as contained in Agreement recorded May 26, 1971 in Book 255 at Page 540. 9. Terms, conditions, obligations, restrictions and all matters as set forth in U.S. Environmental Protection Agency Administrative Order on Consent (Docket No. CERCLA VIII-85-06) attached to Deed recorded March 16, 1988 in Book 559 at Page 19. 10. Restrictions as set forth in Deed recorded March 16, 1988 in Book 559 at Page 19. 11. Permanent Access & Utility Easement from Pitkin County to Pitkin County recorded February 14, 1992 in Book 669 at Page 420. 12. Restrictions regarding resale, ownership and resale and improvements and development of the subject property as set forth in Deed recorded November 15, 1993 in Book 731 at Page 210. 13. Terms, conditions, provisions and obligations as set forth in Occupancy Deed Restriction and Agreement for Employee Dwelling Unit recorded September 6, 1994 in Book 760 at Page 519. FNT ADDITIONAL INFORMATION AND DISCLOSURES The Owner's Policy to be issued, if any shall contain the following items in addition to the ones set forth above: (1) The Deed of Trust, if any, required under Schedule B-Section 1. (2) Water rights, claims or title to water. (NOTE: THIS EXCEPTION WILL APPEAR ON THE OWNER'S AND MORTGAGE POLICY TO BE ISSUED HEREUNDER) Pursuant to Insurance Regulation 89-2; NOTE: Each title entity shall notify in writing every prospective insured in an owner's title insurance policy for a single family residence (including a condominim or townhouse unit) (i) of that title entity's general requirements for the deletion of an exception or exclusion to coverage relating to unfiled mechanics or materialmens liens, except when said coverage or insurance is extended to the insured under the terms of the policy. A satisfactory affidavit and agreement indemnifying the Company against unfiled mechanics' and/or Materialmen's Liens executed by the persons indicated in the attached copy of said affidavit must be furnished to the Company. Upon receipt of these items and any others requirements to be specified by the Company upon request, Pre-printed Item Number 4 may be deleted from the Owner's policy when issued. Please contact the Company for further information. Notwithstanding the foregoing, nothing contained in this Paragraph shall be deemed to impose any requirement upon any title insurer to provide mechanics or materialmens lien coverage. NOTE: If the Company conducts the owners or loan closing under circumstances where it is responsible for the recording or filing of legal documents from said transaction, the Company will be deemed to have provided "Gap Coverage". Pursuant to Senate Bill 91-14 (CRS 10-11-122); (a) The Subject Real Property may be located in a Special Taxing District; (b) A Certificate of Taxes Due listing each taxing jurisdiction may be obtained form the County treasurer of the County Treasurer's Authorized Agent; (c) Information regarding Special Districts and the boundaries of such districts may be obtained from the Board of County Commissioners, the County Clerk and Recorder, or the County Assessor. NOTE: A tax Certificate will be ordered from the County Treasurer by the Company and the costs thereof charged to the proposed insured unless written instruction to the contrary are received by the company prior to the issuance of the Title Policy anticipated by this Commitment. This commitment is invalid unless Schedule B-Section 2 the Insuring Provisions and Schedules Commitment No. PCT13119C2 A and B are attached. CONDITIONS AND STIPULATIONS 1. The term "mortgage", when used herein, shall include deed of trust, trust deed, or other security instrument. 2. If the proposed Insured has or acquires actual knowledge of any defect, lien, encumbrance, adverse claim or other matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in Schedule B hereof, and shall fail to disclose such knowledge to the Company in writing, the Company shall be relieved from liability for any loss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure to so disclose such knowledge. If the proposed Insured shall disclose such knowledge to the Company, or if the Company otherwise acquires actual knowledge of any such defect, (ien, encumbrance, adverse claim or other matter, the Company at its option may amend Schedule B of this Commitment accordingly, but such amendment shall not relieve the Company from liability previously incurred pursuant to paragraph 3 of these Conditions and Stipulations. 3. Liability of the Company under this Commitment shall be only to the named proposed Insured and such parties included under the definition of Insured in the form of policy or policies committed for and only for actual loss incurred in reliance hereon in undertaking in good faith (a) to comply with the requirements hereof, or (b) to eliminate exceptions shown in Schedule B, or (c) to acquire or create the estate of interest or mortgage -thereon covered by this Commitment. In no event shall such liability exceed the amount stated in Schedule A for the policy or policies committed for and such liability is subject to the insuring provisions, exclusion from coverage, and the Conditions and Stipulations of the form of policy or policies committed for in favor of the proposed Insured which are hereby incorporated by reference and are made a part of this Commitment except as expressly modified herein. 4. Any claim of loss or damage, whether or not based on negligence, and which arises out of the status of the title to the estate or interest or the lien of the insured mortgage covered hereby or any action asserting such claim, shall be restricted to the provisions and Conditions and Stipulations of the Commitment. 1� 1 TITLE .1 ✓' r . Fidelity National Title Insurance Company 17911 Von Karman Avenue, Suite 300 Irvine, CA 92614-6253 MEMORANDUM TO: Aspen Planning and Zoning Commission THRU: Julie Ann Woods, Interim Community Development Director FROM: Christopher Bendon, Planner 9 RE: Marcus Stream Margin Review and Special Review - 610 Riverside Avenue. DATE: October 20, 1998 SUMMARY: The applicant, Jeffery Marcus, has proposed a series of improvements to a property along the Roaring Fork River. Improvements which represent development closer to the river require Stream Margin Review by the Planning and Zoning Commission. Development which is essential may be approved by the Commission through the Special Review process. The improvements are: an addition to a hot tub patio, additional seating near the hot tub. steps to some mechanical equipment, and a fence. Staff does not believe the development is essential but does believe the applicant's concern for safety around the hot tub is valid. Staff believes the safety issue can be met with the provision of some handrails which would have far less impact than the proposed deck and seating area. The site has a very clear break in the terrain separating the plateau from the steep bank descending to the river. The majority of the improvements on the property were constructed before the Stream Margin Review regulations and are substantially within the "no development" area. Staff recommends approval of this Stream Margin Review and Special Review for the provision of handrails only. APPLICANT: Jeffrey Marcus, owner. Represented by Robert Mehall, Architect. LOCATION: 610 South Riverside Avenue. ZONING: R-15. Moderate Density Residential. LOT SIZE: 39,424 square feet. LOT AREA, FAR The applicant is not proposing additions to the main house. CURRENT AND PROPOSED I.,AND USE: Single -Family residential. PREVIOUS ACTION: The Commission has not previously considered this application. REVIEW PROCEDURE: Stream Margin & Special Review. The Commission may approve, approve with conditions, or deny this application at a hearing. BACKGROUND: The existing structure was constructed before the current requirements for Stream Margin Review and does not have a prior approved top -of -slope or building envelope. STAFF COMMENTS: There is an "essential development" provision in the Stream Margin Ordinance which allows for such development that is necessary for community well being (for example: sanitary sewer connection) and for development that cannot be reasonably avoided. Staff does not see any of this development falling into the essential development category (please see Exhibit A - staff comments). The current patio is in compliance with the UBC for safety. However, staff does agree with the applicant that safety could be improved. But this goal could be achieved without the extension of the deck further into the stream margin. In staff s estimation, the applicant should provide a series of metal rails between the two rocks to provide safety with less impact on the stream margin than the deck extension. RECOMMENDATION: Staff recommends the Planning and Zoning Commission approve this Stream Margin Review and Special Review for the Marcus residence with the following conditions: 1. The proposed development for the deck expansion, deck seating, timber steps, and fence as represented in the application is not approved. The construction of metal railings between the two rocks bordering the hot tub patio is approved. 2. The applicant shall record this Planning and Zoning Resolution with the Pitkin County Clerk and Recorder located in the Courthouse Plaza Building. There is a per page recordation fee. In the alternative, the applicant may pay this fee to the City Clerk who will record the resolution. 3. All material representations made by the applicant in the application and during public meetings with the Planning and Zoning Commission shall be adhered to and considered conditions of approval, unless otherwise amended by other conditions. 2 ALTERNATIVE RECOMMENDATION: If the Commission does want to consider approving the improvements as provided in the application, staff suggests the following conditions of approval: 1. The proposed development for the deck expansion, deck seating, timber steps, and fence as represented in the application is approved. 2. Prior to issuance of a building permit, the applicant shall provide a 12'-wide public trail easement which extends the full width of the property along the river, or demonstrate the existing easement meets this standard. 3. Prior to issuance of a building permit, the applicant shall record a "fisherman's easement" to allow fishing access along the edge of the Roaring Fork River. 4. Prior to issuance of a building permit, the applicant shall gain approval from the ditch company for any improvementsin or near Riverside Ditch. 5. There shall be no development other than approved native vegetation below, or within 15 feet of, the top -of -slope. The proposed planting beds on the river -side of the house shall be planted with native vegetation. A list of native species is available from the City Parks Department. 6. The existing development within 15 feet of the top -of -slope may be maintained but cannot be expanded. The hot tub shall be drained through the sanitary sewer and not to the river. All outdoor lighting on the property shall be downcast and not directed towards the river. 7. The applicant shall agree to join any future improvement districts for the purpose of constructing improvements which benefit the property under an assessment formula. 8. The applicant shall record this Planning and Zoning Resolution with the Pitkin County Clerk and Recorder located in the Courthouse Plaza Building. There is a per page recordation fee. In the alternative, the applicant may pay this fee to the City Clerk who will record the resolution. 9. All material representations made by the applicant in the application and during public meetings with the Planning and Zoning Commission shall be adhered to and considered conditions of approval, unless otherwise amended by other conditions. RECOMMENDED MOTION: "I move to approve the Marcus Stream Margin Review and Special Review to install a railing along the hot tub area with the conditions outlined on page 2 in the Community Development Department memo dated October 20, 1998." ATTACHMENTS: Exhibit A -- Review Criteria and Staff Findings Exhibit B -- Application 3 Exhibit A STAFF COMMENTS: Stream Margin Section 26.68.040, Standards Applicable to Development within 100 feet of the Roaring Fork River and its tributary streams. A. No development shall be permitted in the floodway, with the exception of bridges or structures for irrigation, drainage, flood control or water diversion, which may be permitted by the City Engineer, provided plans and specifications are submitted to demonstrate that the structure is engineered to prevent blockage of drainage channels during peak flows and the Commission determines the proposed structure complies, to the extent practical, with all standards set forth below. Staff Finding: No development is proposed within the floodway. B. No development shall be permitted within one hundred (100) feet, measured horizontally, from the high water line of the Roaring Fork River and its tributary streams, or within the Special Flood Hazard Area where it extends beyond 100 feet from the high water line of the Roaring Fork River and its tributary streams, unless the Commission makes a determination that the proposed development complies with all standards set forth below: 1. It can be demonstrated that any proposed development which is in the Special Flood Hazard Area will not increase the base flood elevation on the parcel proposed for development. This shall be demonstrated by an engineering study prepared by a professional engineer registered in the State of Colorado which shows that the base flood elevation will not be raised, including, but not limited to, proposed mitigation techniques on or off -site which compensate for any base flood elevation increase caused by the development; Staff Finding: No development is proposed within the floodway. 2. Any trail on the parcel designated on the Aspen Area Community Plan, Parks/Recreation/Open Space/Trails Plan Map, or areas of historic public use or access are dedicated via a recorded easement for public use. Dedications are necessitated by development's increased impacts to the City's recreation and trail facilities including public fishing access; 3. The recommendations of the Roaring Fork Greenway Plan are implemented in the proposed plan for development, to the greatest extent practical; Staff Finding: The property has an existing trail easement in place. However, this easement may be faulty by not extending the full width of the property as it appears on the site improvement survey. The Commission should require the easement be either verified as the full width or require a new easement be recorded prior to issuance of a building permit for this project. staff comments page 1 The Greenway Plan also requires a "fisherman's easement" along the edge of the Roaring Fork River. The Commission should require compliance with this Greenway Plan by requiring a fisherman's easement along the river bank. 4. There is no vegetation removed or damaged or slope grade changes (cut/fill) made outside of a specifically defined building envelope. A building envelope shall be designated by this review and said envelope shall be barricaded prior to issuance of any demolition, excavation or building permits. The barricades shall remain in place until the issuance of Certificates of Occupancy; Staff Finding: Because the property has not gone through a Stream Margin Review in the past, a building envelope has not been designated for this property. The existing development does encroach on the river outside of where a building envelope would have been designated if the property were vacant and reviewed under today's standards. Staff does not believe it is important to designate a building envelope. This would be done under review for more substantial development. Staff is suggesting the Commission only concentrate on the subject areas under review. The top -of -slope at the subject area of the proposed development is apparent by the applicant's site section. The proposed deck, a fence, and timber steps represent new development within the "no -build zone" which includes areas within 15 feet of the top -of - slope. Staff does not recommend approval of these improvements. Because the development activity is expected to be minimal, staff does not believe barricading the site will be necessary to prevent debris from entering the river. If the Commission feels this barricading is necessary, a condition of approval must be added to the motion. 5. The proposed development does not pollute or interfere with the natural changes of the river, stream or other tributary, including erosion and/or sedimentation during construction. Increased on -site drainage shall be accommodated within the parcel to prevent entry into the river or onto its banks. Pool or hot tubs cannot be drained outside of the designated building envelope; Staff Finding: Drainage from the site will not be greatly affected with this additional development. The parking area is currently paved with bricks and the redeveloped driveway is not expected to affect the runoff condition.. The hot tub should be drained to the sanitary sewer and not to the river. 6. Written notice shall be provided to the Colorado Water Conservation Board prior to any alteration or relocation of a water course, and a copy of said notice is submitted to the Federal Emergency Management Agency; staff comments page 2 7. A guarantee is provided in the event a water course is altered or relocated, that applies to the developer and his heirs, successors and assigns that ensures that the flood carrying capacity on the parcel is not diminished; 8. Copies are provided of all necessary federal and state permits related to the work within the 100-year floodplain; and Staff Finding: The development proposed will not interfere with the watercourse and is not within the 100 year floodplain. 9. There is no development other than approved native vegetation planting taking place below the top of slope or within fifteen (15) feet of the top of slope or the high waterline, whichever is most restrictive. This is an effort to protect the existing riparian vegetation and bank stability. If any development is essential within this area, it may only be approved by special review pursuant to Section 26.64.040(D) Staff Finding: The existing hot tub and hard landscaping are within this area. The proposed development represents an increase in the non-compliance of the Stream Margin criteria. The Special Review provision is to acknowledge development which either is necessary from a community health standpoint (such as utility hook-ups) or development which is necessary for safety concerns or cannot otherwise be avoided. The deck extension, bench seating area, timber steps, and fence are not within this category of essential development and represent more improvement than necessary. The existing deck condition is not in conflict with the UBC. However, the walkway is narrow and could be improved with the addition of a railing between the two rocks. This is a treatment which would have minimal impact on the Stream Margin and could meet the safety concerns of the owner. Staff has provided an analysis of the Special Review criteria below. 10. All development outside of the fifteen (15) foot setback from the top of slope does not exceed a height delineated by a line drawn at a forty-five (45) degree angle from ground level at the top of slope. Staff Finding: The existing structure is not in compliance. The proposed development is not in compliance as represented by the site section. 11. A landscape plan is submitted with all development applications. Staff Finding: Landscape treatments have been indicated on the site plan. The planting beds on the river- side of the house should not contain non-native vegetation. This is important in maintaining the bank stability and preserving the river corridor from invasive species. staff comments page 3 12. All exterior lighting is low and downcast with no lights directed toward the river or located down the slope; Staff Finding: The Commission should require this as a condition of approval. 13. Site sections drawn by a registered architect, landscape architect, or engineer are submitted showing all existing and proposed site elements, the top -of -slope, and pertinent elevation above sea level. Staff Finding: The site is relatively flat with a clear break where the site then slopes steeply to the river. The Architect has prepared a site section showing the subject area of development which is within the "no development zone." 14. There has been accurate identification of wetland and riparian areas. Staff Finding: The proposed development is not expected to affect wetlands or riparian habitat. STAFF COMMENTS: Special Review No development subject to Special Review shall be permitted unless the Commission makes a determination that the proposed development complies with all standards and requirement set forth below. D. Encroachment into fifteen -foot setback from top of slope or height limit. Whenever a special review is for development above or below grade within the fifteen -foot setback from top of slope as identified on a site specific section drawing or above the height limit established by the ESA, the development application shall be approved only if the following conditions have been met: 1. A unique condition exists on the site where strict adherence to the top of slope setback will create an unworkable design problem. Staff Finding: Staff does not see any unworkable conditions. The existing improvements within the `no -build' area can be maintained and replaced as necessary. The timber steps, fence, and hot tub area improvements represent unnecessary improvements in the Stream Margin. The Hot Tub is an existing condition but is not in conflict with the UBC. However, safety could be improved with the addition of a hand rail. This existing condition does not require the extension of the deck and seating area. staff comments page 4 2. Any intrusion into the top of slope setback or height limit is minimized to the greatest extent possible. Staff Finding: Staff does not believe this standard has been meet. If the goal is to improve safety, provision of metal rails between the two rocks would meet that goal and would be less intrusive than the extended deck. 3. Other parts of the structure or development on the site are located outside the top of slope setback line or height limit to the greatest extent possible. Staff Finding: The majority of development on this site is within the "no -development zone." 4. Landscape treatment is increased to screen the structure or development in the setback from all adjoining properties. Staff Finding: Staff does not support the additional development in the no -build area. If the Commission does consider this development essential, there should be a condition requiring revegetation of disturbed areas with native vegetation. staff comments page 5 APPLICANT: SMUGGLER HUNTER TRUST LOCATION: 002 WILLIAMS WAY ACTION: SUBDIVISION, REZONING, SPECIAL REVIEW Staff Comments: Subdivision A development application for subdivision review shall comply with the following standards and requirements: 1. General Requirements. a. The proposed subdivision shall be consistent with the Aspen Area Comprehensive Plan. b. The proposed subdivision shall be consistent with the character of existing land uses in the area. C. The proposed subdivision shall not adversely affect the future development of surrounding areas. d. The proposed subdivision shall be in compliance with all applicable requirements of this title. ?. Suitability of land for subdivision. a. Land suitability. The proposed subdivision shall not be located on land unsuitable for development because of flooding, drainage, rock or soil creep, mudflow, rockslide, avaianch or snowslide, steep topography, or any other natural hazard or other condition that will be harmful to the health, safety, or welfare of the residents in the proposed subdivision. b. Spatial pattern efficient. The proposed subdivision shall not be designed to create spatial patterns that cause inefficiencies, duplication or premature extension of public facilities and unnecessary public costs. 3. Improvements. a. Required improvements. The following shall be provided for the proposed subdivision. 1. Permanent survey monuments, range points, and lot pins. 2. Paved streets, not exceeding the requirements for paving and improvements of a collector street. 3. Curbs, gutters, and sidewalks. 4. Paved alleys. 5. Traffic -control signs, signals, or devices. 6. Street lights. 7. Street name signs. 8. Street trees or landscaping. 9. Water lines and fire hydrants. 10. Sanitary sewer lines. 11. Storm drainage improvements and storm sewers. 12. Bridges and culverts. 13. Electrical lines. 14. Telephone lines. 15. Natural gas lines. 16. Cable television lines. b. Approved plans. Construction shall not commence until on any of the improvements required by this Section 26.88.040(C)(3)(a) until a plan, profile, and specifications have been received and approved by the City Engineer and, when appropriate, the relevant utility company. C. Oversize Utilities. In the event oversized utilities are required as a part of the improvements, arrangements for reimbursement shall be made whereby the subdivider shall be allowed to recover the cost of the utilities that have been provided beyond the needs of the subdivision. 4. Design Standards. The following design standards shall be required for all subdivisions. a. Street and related improvements. The following standards shall apply to streets regardless of type or size, unless the street has been improved with paving, curb, gutter, and sidewalk. 1. Conform to plan for street extension. 2. Right-of-way dedication. 3. Right-of-way width. 4. Half -street dedications. 5. Street ends at subdivision. 6. Cul-de-sacs. 7. Dead-end streets. 8. Centerline offset. 9. Reverse curves. 10. Changes in street grade. 11. Alleys. 12. Intersections. 13. Intersection grade. 14. Curb return radii. 15. Turn by-passes and turn lanes. 16. Street names and numbers. 17. Installation of curb, gutter sidewalks, or driveways. No finish paving, curb, gutter, sidewalk, or driveways shall be constructed until one year after the installation of all subsurface utilities and improvements. 18. Sidewalks. Sidewalks shall be eight (8) feet wide in the Commercial Core (CC), Commercial (C 1), Neighborhood Commercial (NC), and Commercial Lodge (CL) Zone Districts and five (5) feet wide in all other zone districts where sidewalks are required. Consideration shall be given to existing and proposed landscaping when establishing sidewalk locations. 19. City specifications for streets. 20. Range point monuments. 21. Street name signs. 22. Traffic control signs. 23. Street lights. 24. Street tree. One street tree of three-inch caliper for deciduous trees measured at the top of the ball or root system, or a minimum of six-foot height for conifers, shall be provided in a subdivision in residential zone districts for each lot of seventy (70) foot frontage or less, and at least two (2) such trees shall be provided for every lot in excess of seventy (70) feet frontage. Corner lots shall require at least one tree for each street. Trees shall be placed so as not to block sight distances at driveways or corners. The City Parks and Recreation Department shall furnish a list of acceptable trees. Trees, foliage, and landscaping shall be provided in subdivisions in all other zone districts in the City in accordance with the adopted street landscaping plan. b. Easements. 1. Utility easements. 2. "T" intersections and cul-de-sacs. Easements twenty (20) feet in width shall be provided in "T" intersections and cul-de-sacs for the continuation of utilities or drainage improvements, if necessary. 3. Potable water and sewer easements. 4. Planned utility or drainage system. 5. Irrigation ditch, channel natural creek. 6. Fire lanes and emergency access easements. 7. Planned street or transit alignment. 8. Planned trail system. C. Lots and blocks. 1. General. 2. Side lot lines. 3. Reversed corner lot and through lots. 4. Front and street. 5. State Highwav 82. 6. Block lenT-ths. 7. Compatibility. 8. Mid -Block pedestrian walkways. d. Survey ?1lonuments. 1. Location. 2. C.R.S. 1972 38-51-101. 3. Range points and boxes. e. Utilities. 1. Potable waterline and appurtenances. 2. Size of waterlines. 3. Fire hydrants. 4. Sanitary sewer. 5. Underground utilities. 6. Other utilities. 7.. Utilities stubbed out. L Storm Drainage 1. Drainage plan. 2. Detention storage. 3. Maintain historical drainage flow. 4. Calculations and quantities of flow. g. Flood hazard areas. 1. The proposed subdivision design shall be consistent with the need to minimize flood damage to public utilities and facilities such as sewer, gas, electricity, and potable water systems. 2. Base flood elevation data shall be provided for any proposed subdivision of at least fifty (50) lot or five (5) acres, whichever is less. h. The design and location of any proposed structure, building envelope, road, driveway, trail, or other similar development is compatible with significant natural or scenic features of the site. i. Variations of design standards. Variations from the provisions of this section, "Design Standards," may be granted by special review as provided for in Chapter 26.64. 5. Affordable housing. A subdivision which is comprised of replacement dwelling units shall be required to provide affordable housing in compliance with the requirements of Title 20, Replacement Housing Program. A subdivision which is comprised of new dwelling units shall be required to provide affordable housing in compliance with the requirements of Chapter 26.100, Growth Management Quota System. 6. School land dedication standards. C. Dedication Schedule. 1. Land Dedication. ,School land dedications shall be assessed according to the following schedule: Unit Type Land Dedication Standard .0000 acres (0 sq, ft.) Dormitory Studio/One bedroom .0012 acres (52 sq. ft.) Two bedroom .0095 acres (416 sq. ft.) Three bedroom .0162 acres (707 sq. ft.) Four bedroom .0248 acres (1081 sq. ft.) Five bedroom .0284 acres (1236 sq. ft.) 2. Cash -in -lieu payment. An applicant may make a cash payment in-Iieu of dedicating land to the City, or make a cash payment in combination with a land dedication, to comply with the standards of this section. Because of he high cost of subdivided land in the City of Aspen, the School District and Aspen have decided to require payment of a cash -in - lieu amount which is less than the full market value of the land area.. The formula to determine the amount of cash -in -lieu payment for each residential dwelling unit is as follows: Market value of land x applicable land dedication standard x 0.33 = cash payment. Payment of cash -in -lieu of a land dedication shall be made to the City prior to and on a proportional basis to the issuance of any building permits for the residential dwellings. Staff Comments: Rezoning Section 26.92.020, Standards Applicable to Rezoning In reviewing an amendment to the official zone district map, the City Council and the Commission shall consider: A. Whether the proposed amendment is in conflict with any applicable portions of this title. Staff Finding: The rezoning of the southern property is necessary to allow the creation of a lot which conforms with the City's zoning requirements. The Park (P) Zone District will more closely follow the uses that this property is intended for. B. Whether the proposed amendment is consistent with all elements of the Aspen Area Comprehensive Plan. C. Whether the proposed amendment is compatible with surrounding zone districts and land uses, considering existing land use and neighborhood characteristics. D. The effect of the proposed amendment on traffic generation and road safety. E. Whether and the extent to which the proposed amendment would result in demands on public facilities, and whether and the extent to which the proposed amendment would exceed the capacity of such facilities, including, but not limited to, transportation facilities, sewage facilities, water supply, parks, drainage, schools, and emergency medical facilities. F. Whether and the extent to which the proposed amendment would result in significant adverse impacts on the natural environment. G. Whether the proposed amendment is consistent and compatible with the community character in the City of Aspen. H. Whether there have been changed conditions affecting the subject parcel or the surrounding neighborhood which support the proposed amendment. Whether the proposed amendment would be in conflict with the public interest, and is in harmony with the purpose and intent of this title. Staff Comments: Special Review for Parking No development subject to special review shall be permitted unless the Commission makes a determination that the proposed development complies with all standards set forth below. B. Off-street parking requirements. Whenever off-street parking requirements of a proposed development are subject to establishment and/or mitigation via a payment in lieu by special review, the development application shall only be approved if the following conditions are met: l . In all zone districts where the off-street parking requirements of a proposed development are subject to establishment and/or mitigation by special review, the applicant shall demonstrate that the parking needs of the residents, customers, guests, and employees of the project have been met, taking into account potential uses of the parcel, the projected traffic generation of the project, the projected impacts onto the on -street parking of the neighborhood, its proximity to mass transit routes and the downtown area, and any special services, such as vans, provided for residents, guests, and employees. 9 0: MEMORANDUM TO: Aspen Planning and Zoning Commission THRU: Julie Ann Woods, Interim Community Development Director FROM: Christopher Bendon, Planner 9 RE: Marcus Stream Margin Review and Special Review - 610 Riverside Avenue DATE: October 20, 1998 SUMMARY: The applicant, Jeffery Marcus, has proposed a series of improvements to a property along the Roaring Fork River. Improvements which represent development closer to the river require Stream Margin Review by the Planning and Zoning Commission. Development which is essential may be approved by the Commission through the Special Review process. The improvements are: an addition to a hot tub patio, additional seating near the hot tub, steps to some mechanical equipment, and a fence. Staff does not believe the development is essential but does believe the applicant's concern for safety around the hot tub is valid. Staff believes the safety issue can be met with the provision of some handrails which would have far less impact than the proposed deck and seating area. The site has a very clear break in the terrain separating the plateau from the steep bank descending to the river. The majority of the improvements on the property were constructed before the Stream 'Margin Review regulations and are substantially within the "no development" area. Staff recommends approval of this Stream Margin Review and Special Review for the provision of handrails only. APPLICANT: Jeffrey Marcus, owner. Represented by Robert Mehall, Architect. LOCATION: 610 South Riverside Avenue. ZONING: R-15. Moderate Density Residential. LOT SIZE: 39,424 square feet. LOT AREA, FAR The applicant is not proposing additions to the main house. CURRENT AND PROPOSED LAND USE: Single -Family residential. PREVIOUS ACTION: The Commission has not previously considered this application. REVIEW PROCEDURE: Stream Margin & Special Revietiv. The Commission may approve, approve with conditions, or deny this application at a hearing. BACKGROUND: The existing structure was constructed before the current requirements for Stream Margin Review and does not have a prior approved top -of -slope or building envelope. STAFF COMMENTS: There is an "essential development" provision in the Stream Margin Ordinance which allows for such development that is necessary for community well being (for example: sanitary sewer connection) and for development that cannot be reasonably avoided. Staff does not see any of this development falling into the essential development category (please see Exhibit A - staff comments). The current patio is in compliance with the UBC for safety. However, staff does agree with the applicant that safety could be improved. But this goal could be achieved without the extension of the deck further into the stream margin. In staffs estimation, the applicant should provide a series of metal rails between the two rocks to provide safety with less impact on the stream margin than the deck extension. RECOMMENDATION: Staff recommends the Planning and Zoning Commission approve this Stream Margin Review and Special Review for the Marcus residence with the following conditions: 1. The proposed development for the deck expansion, deck seating, timber steps, and fence as represented in the application is not approved. The construction of metal railings between the two rocks bordering the hot tub patio is approved. 2. The applicant shall record this Planning and Zoning Resolution with the Pitkin County Clerk and Recorder located in the Courthouse Plaza Building. There is a per page recordation fee. In the alternative. the applicant may pay this fee to the City Clerk who will record the resolution. 3. All material representations made by the applicant in the application and during public meetings with the Planning and Zoning Commission shall be adhered to and considered conditions of approval, unless otherwise amended by other conditions. 2 ALTERNATIVE RECOMMENDATION: If the Commission does want to consider approving the improvements as provided in the application, staff suggests the following conditions of approval: 1. The proposed development for the deck expansion, deck seating, timber steps, and fence as represented in the application is approved. 2. Prior to issuance of a building permit, the applicant shall provide a 12'-wide public trail easement which' extends the full width of the property along the river, or demonstrate the existing easement meets this standard. 3. Prior to issuance of a building permit, the applicant shall record a "fisherman's easement" to allow fishing access along the edge of the Roaring Fork River. 4. Prior to issuance of a building permit, the applicant shall gain approval from the ditch company for any improvements in or near Riverside Ditch. 5. There shall be no development other than approved native vegetation below, or within 15 feet of, the. top -of -slope. The proposed planting beds on the river -side of the house shall be planted with native vegetation. A list of native species is available from the City Parks Department. 6. The existing development within 15 feet of the top -of -slope may be maintained but cannot be expanded. The hot tub shall be drained through the sanitary sewer and not to the river. All outdoor lighting on the property shall be downcast and not directed towards the river. 7. The applicant shall agree to join any future improvement districts for the purpose of constructing improvements which benefit the property under an assessment formula. 8. The applicant shall record this Planning and Zoning Resolution with the Pitkin County Clerk and Recorder located in the Courthouse Plaza Building. There is a per page recordation fee. In the alternative, the applicant may pay this fee to the City Clerk who will record the resolution. 9. All, material representations made by the applicant in the application and during public meetings with the Planning and Zoning Commission shall be adhered to and considered conditions of approval, unless otherwise amended by other conditions. RECOMMENDED MOTION: "I move to approve the Marcus Stream Margin Review and Special Review to install a railing along the hot tub area with the conditions outlined on page 2 in the Community Development Department memo dated October 20, 1998." ATTACHMENTS: Exhibit A -- Review Criteria and Staff Findings Exhibit B -- Application' 3 Exhibit A STAFF COMMENTS: Stream Margin Section 26.68.040, Standards Applicable to Development within 100 feet of the Roaring Fork River and its tributary streams. A. No development shall be permitted in the floodway, with the exception of bridges or structures for irrigation, drainage, flood control or water diversion, which may be permitted by the City Engineer, provided plans and specifications are submitted to demonstrate that the structure is engineered to prevent blockage of drainage channels during peak flows and the Commission determines the proposed structure complies, to the extent practical, with all standards set forth below. Staff Finding: No development is proposed within the floodway. B. No development shall be permitted within one hundred (100) feet, measured horizontally, from the high water line of the Roaring Fork River and its tributary streams, or within the Special Flood Hazard Area where it extends beyond 100 feet from the high water line of the Roaring Fork River and its tributary streams, unless the Commission makes a determination that the proposed development complies with all standards set forth below: 1. It can be demonstrated that any proposed development which is in the Special Flood Hazard Area will not increase the base flood elevation on the parcel proposed for development. This shall be demonstrated by an engineering study prepared by a professional engineer registered in the State of Colorado which shows that the base flood elevation will not be raised, including, but not limited to, proposed mitigation techniques on or off -site which compensate for any base flood elevation increase caused by the development; Staff Finding: No development is proposed within the floodway. 2. Any trail on the parcel designated on the Aspen Area Community Plan, Parks/Recreation/Open Space/Trails Plan Map, or areas of historic public use or access are dedicated via a recorded easement for public use. Dedications are necessitated by development's increased impacts to the City's recreation and trail facilities including public fishing access; 3. The recommendations of the Roaring Fork Greenway Plan are implemented in the proposed plan for development, to the greatest extent practical; Staff Finding: The property has an existing trail easement in place. However, this easement may be faulty by not extending the full width of the property as it appears on the site improvement survey. The Commission should require the easement be either verified as the full width or require a new easement be recorded prior to issuance of a building permit for this project. staff comments page 1 The Greenway Plan also requires a "fisherman's easement" along the edge of the Roaring Fork River. The Commission should require compliance with this Greenway Plan by requiring a fisherman's easement along the river bank. 4. There is no vegetation removed or damaged or slope grade changes (cut/fill) made outside of a specifically defined building envelope. A building envelope shall be designated by this review and said envelope shall be barricaded prior to issuance of any demolition, excavation or building permits. The barricades shall remain in place until the issuance of Certificates of Occupancy; Staff Finding: Because the property has not gone through a Stream Margin Review in the past, a building envelope has not been designated for this property. The existing development does encroach on the river outside of where a building envelope would have been designated if the property were vacant and reviewed under today's standards. Staff does not believe it is important to designate a building envelope. This would be done under review for more substantial development. Staff is suggesting the Commission only concentrate on the subject areas under review. The top -of -slope at the subject area of the proposed development is apparent by the applicant's site section. The proposed deck, a fence, and timber steps represent new development within the "no -build zone" which includes areas within 15 feet of the top -of - slope. Staff does not recommend approval of these improvements. Because the development activity is expected to be minimal, staff does not believe barricading the site will be necessary to prevent debris from entering the river. If the Commission feels this barricading is necessary, a condition of approval must be added to the motion. 5. The proposed development does not pollute or interfere with the natural changes of the river, stream or other tributary, including erosion and/or sedimentation during construction. Increased on -site drainage shall be accommodated within the parcel to prevent entry into the river or onto its banks. Pool or hot tubs cannot be drained outside of the designated building envelope; Staff Finding: Drainage from the site will not be greatly affected with this additional development. The parking area .is currently paved with bricks and the redeveloped, driveway is not expected to affect the runoff condition. The hot tub should be drained to the sanitary sewer and not to the river. 6. Written notice shall be provided to the Colorado Water Conservation Board prior to any alteration or relocation of a water course, and a copy of said notice is submitted to the Federal Emergency Management Agency; staff comments page 2 7. A guarantee is provided in the event a water course is altered or relocated, that applies to the developer and his heirs, successors and assigns that ensures that the flood carrying capacity on the parcel is not diminished; 8. Copies are provided of all necessary federal and state permits related to the work within the 100-year floodplain; and Staff Finding: The development proposed will not interfere with the watercourse and is not within the 100 year floodplain. 9. There is no development other than approved native vegetation planting taking place below the top of slope or within fifteen (15) feet of the top of slope or the high waterline, whichever is most restrictive. This is an effort to protect the existing riparian vegetation and bank stability. If any development is essential within this area, it may only be approved by special review pursuant to Section 26.64.040(D) Staff Finding: The existing hot tub and hard landscaping are within this area. The proposed development represents an increase in the non-compliance of the Stream Margin criteria. The Special Review provision is to acknowledge development which either is necessary from a community health standpoint (such as utility hook-ups) or development which is necessary for safety concerns or cannot otherwise be avoided. The deck extension, bench seating area, timber steps, and fence are not within this category of essential development and represent more improvement than necessary. The existing deck condition is not in conflict with the UBC. However, the walkway is narrow and could be improved with the addition of a railing between the two rocks. This is a treatment which would have minimal impact on the Stream Margin and could meet the safety concerns of the owner. Staff has provided an analysis of the Special Review criteria below. 10. All development outside of the fifteen (15) foot setback from the top of slope does not exceed a he delineated by a line drawn at a forty-five (45) degree angle from ground level at the top of slope. Staff Finding: The existing structure is not in compliance. The proposed development is not in compliance as represented by the site section. 11. A landscape plan is submitted with all development applications. Staff Finding: Landscape treatments have been indicated on the site plan. The planting beds on the river- side of the house should not contain non-native vegetation. This is important in maintaining the bank stability and preserving the river corridor from invasive species. staff comments page 3 12. All exterior lighting is low and downcast with no lights directed toward the river or located down the slope; Staff Finding: The Commission should require this as a condition of approval. 13. Site sections drawn by a registered architect, landscape architect, or engineer are submitted showing all existing and proposed site elements, the top -of -slope, and pertinent elevation above sea level. Staff Finding: The site is relatively flat with a clear break where the. site then slopes steeply to the river. The Architect has prepared a site section showing the subject area of development which is within the "no development zone." 14. There has been accurate identification of wetland and riparian areas. Staff Finding: The proposed development is not expected to affect wetlands or riparian habitat. STAFF COMMENTS: Special Review No development subject to Special Review shall be permitted unless the Commission makes a determination that the proposed development complies with all standards and requirement set forth below. D. Encroachment into fifteen -foot setback from top of slope or height limit. Whenever a special review is for development above or below grade within the fifteen -foot setback from top of slope as identified on a site specific section drawing or above the height limit established by the ESA, the development application shall be approved only if the following conditions have been met: 1. A unique condition exists on the site where strict adherence to the top of slope setback will create an unworkable design problem. Staff Finding: Staff does not see any unworkable conditions. The existing improvements within the `no -build' area can be maintained and replaced as necessary. The timber steps, fence, and hot tub area improvements represent unnecessary improvements in the Stream Margin. The Hot Tub is an existing condition but is not in conflict with the UBC. However, safety could be improved with the addition of a hand rail. This existing condition does not require the extension of the deck and seating area. staff comments page 4 2. Any intrusion into the top of slope setback or height limit is minimized to the greatest extent possible. Staff Finding: Staff does not believe this standard has been meet. If the goal is to improve safety, provision of metal rails between the two rocks would meet that goal and would be less intrusive than the extended deck. 3. Other parts of the structure or development on the site are located outside the top of slope setback line or height limit to the greatest extent possible. Staff Finding: The majority of development on this site is within the "no -development zone." 4. Landscape treatment is increased to screen the structure or development in the setback from all adjoining properties. Staff Finding: Staff does not support the additional development in the no -build area. If the Commission does consider this development essential, there should be a condition requiring revegetation of disturbed areas with native vegetation. staff comments page 5 AUG-13-1999 12;42 FROM ASPEN/PITKIN COM DEU TO 9-9274432 P.01 LAND USE APPLICATION PROJECT: Name: MAgCLiS gIESl _EM�E Location: (oJ O S ©UT-p S , COLD (Indicate street address, lot & block number, legal description where appropriate) APPLICANT: Name: -JEFF i•E Y A. MA9c..u5 Address: 6 601 S 20- Phone #: REPRESENTATIVE: Name- 90_ . r► rrti L _I� • •daJE2"r f& S i► p�q C Phone 4- LAIC) i TYPE OF APPLICATION: (please check all that apply). ❑ Conditional Use ❑ Conceptual PLJD ❑ Conceptual Historic Devt. ❑ Special Review ❑ Final PUD (fit PUD Amendment) ❑ Fitial Historic Development ❑ Design Review Appeal ❑ Conceptual SPA ❑ Minor Historic Devt. ❑ GMQS Allotment [] Final SPA (& SPA Amendment) ❑ Historic Demolition GMQS Exemption ❑ Subdivision ❑ Historic Designation ESA - 8040 Greenline, Stream ❑ Subdivision Exemption (includes Small'Lodge Conversion/ Margin. Hallam Lake Bluff, condom iniu nization) Expansion Mountain View Plane ❑ Lot Split ❑ Temporary Use ❑ Other: n Lot sine Adjustment n Text%Mau Amendment EXISTING CONDITIONS: (description of existing buildings, uses, previous approvals, etc;.) t ttc agn1 a., t Lr. T-.,%a_v_ rii t A:: . PROPOSAL: (description of proposed buildings, uses, modifications, etc.) Ape WCQ1Qctxt sT1&1c4 I- ` T-(& QErJt= -M pg.mm25 Have you attached the following? ❑ Pre -Application Conference Summary [j Attaclunent # 1, Signed pee Agreement ❑ Response to Attachment 42, Dimensional Requirements Form ❑ Response to Attachment #3, Minimum Submission Contents (j Response to Attachment #4, Specific Submission Contents J Response to Attachment #5, Review Standards for Your Application FEES DUE: S TOTAL P.01 08/06/98 THU 18:14 FAX MARCUS CABLE CORP. Q 002 Aug 03 98 10:57a R. Mehall/ARCHITECT 970-927-4432 p.2 ASPENIPMaN COAOW-NITY DEVELOPMENT DEPARTMENT Agreement for Payment of City of Aspen development Application Ftc (Please Print Clearly) CITY OF ASPEN (hereinafter CITY) and JEE.Rfl-Y K U5 (hereinafter APPLICAN11) AGREE AS FOLLOWS: W49 l . APPLICANT has submitted to CITY an application for (21�. M&5Z ('hereinafter. THE PROJECT). 2. APPLICANT understands and ads that City of Aspen Ordinance No. 43 (Series of 1996) establishes a fee structure for land use applications and the payment of all processing foes is a condition precedent to a detcmnination of application completeness. APPLICANT and CITY agree because of the size, nature or scope of the proposed that project, it is not possible at this time to ascertain the full extent of the costs involved in processing the application. APPLICANT and CITY further agree tbat it is in the iutcrest of the patties to allow APPLICANT to make payment of an initial deposit and to thereafter pent additional casts to be billed to APPLICANT on a monthly basis. APPLICANT agrees he will be benefited by mtaking gxeater cash liquidity and will make additional payments upon notification by the CITY when they are necessary as mo are incurred. CITY agrees it will be benefited thmugh the greater certainty of recovering its fuh costs to process APPLICANT'S application. 4. CITY and APPLICANT further agree that it is impracticable for CITY staff to complete processing or present stcf`icient information to the Planning Commission and/or City Council to e mble the Planning Commimion and/or City Council to make legally required findings for project approval, unless current billings are paid in full prior to decision. 5. Therefore, APPLICANT agrees that in cumWorrdion of the CIWs waiver of its right to collect full fees prior to a de =nm3tion of application completeness, APPLICANT shall pay an . idol deposit in the mnount of $ which is for howof Planning staff time, and if actual recorded costs exceed the initial deposit, APPLICANT shah pay additional monthly billings to CITY to r6nburse the CITY for the processing of the application mentioned above, including post approval review. Such pet iodic payments shall be made within 30 days of the billing date. APPLICANT further agrees that failure to pay such accrued costs shall be grounds for suspension of processing. CITY OF ASPEN APPLICANT Stan Clauson Conununity Development Di=Wr Sipatare: Date: Printed Name: City of p= Mailing Addrew:r F36d. l TY 715209 ATTACHMENT 2 DIMENSIONAL REQUIREMENTS FORM Project: KkK(6 F,'F,5 J jEWep, Applicant: 4EFFFUlf µme.$ Location: (p Jo �C1Tjf \rza-51M A% fit „ <m9 C= - Zone District: R -it; Lot Size: Lot Area: Q2!j F. (for the purposes of calculating Floor Area, Lot Area may be reduced for areas within the high water mark, easements, and steep slopes. Please refer to the definition of Lot Area in the Municipal Code.) Commercial net leasable: Existing: SA Proposed.• Number of residential units: Existing: KA Proposed: Number of bedrooms: Existing:. Proposed.• d Proposed % of demolition (Historic properties only): µ.A DIMENSIONS: Floor Area: Existing: µA Allowable. Principal bldg. height: Existing: A16 Allowable: Access. bldg. height: Existing: N• A Allowable: On -Site parking: Existing: A.A. Required.•_ % Site coverage: Existing: A.A. Required-_ % Open Space: Existing. AAz_ Required.•_ Front Setback: Existing: N.A. Required.-_ Rear Setback: Existing: Required:_ Combined F/R: Existing:_ Required:_ Side Setback: Existing: KAL Required: _ Side Setback: Existing: AA, Required.•_ Combined Sides: Existing: 4A Require&_ Proposed: Proposed.• Proposed.• Proposed.• Proposed.• Proposed: Proposed.• Proposed.• Proposed: :Proposed.• Proposed. - Proposed.• Existing non -conformities or encroachments: �N'(1P-C- 49LS - I M57164 ©r116�-Ct- _lam lad SST B,-.- ES9=QM smx= fNoviors 1 / 9 A APPLICANT: Jeffrey Marcus LOCATION: 610 South Riverside Avenue ACTION: Stream Margin Review and Special Review STREAM MARGIN: Standards applicable to development within 100 feet of the Roaring Fork River and its tributary streams: A. No development shall be permitted in the floodway, with the exception of bridges or structures for irrigation, drainage, flood control or water diversion, which may be permitted by the City Engineer, provided plans and specifications are submitted to demonstrate that the structure is engineered to prevent blockage of drainage channels during peak flows and the Commission determines the proposed structure complies, to the extent practical, with all standards set forth below. B . No development shall be permitted within one hundred (100) feet, measured horizontally, from the high water line of the Roaring Fork River and its tributary streams, or within the Special Flood Hazard Area where it extends beyond 100 feet from the high water line of the Roaring Fork River and its tributary streams, unless the Commission makes a determination that the proposed development complies with all standards set forth below: 1. It can be demonstrated that any proposed development which is in the Special Flood Hazard Area will not increase the base flood elevation on the parcel proposed for development. This shall be demonstrated by an engineering study prepared by a professional engineer registered in the State of Colorado which shows that the base flood elevation will not be raised, but not limited to, proposed mitigation techniques on or off -site which compensate for any base flood elevation increase caused by the development. 2. Any trail on the parcel designated on the Aspen Area Community Plan, Parks/Recreation/Open Space/Trails Plan Map, or areas of historic public use or access are dedicated via a recorded easement for public use. Dedications are necessitated by development's increased impacts to the City's recreation and trail facilities including public fishing access. 12. All exterior lighting is low and downcast with no lights directed toward the river or located down the slope. 13. Site sections drawn by a registered architect, landscape architect, or engineer are submitted showing all existing and proposed site elements, the top -of -slope, and pertinent elevation above sea level. 14. There has been accurate identification of wetland and riparian areas. SPECIAL REVIEW: No development subject to special review shall be permitted unless the Commission makes a determination that the proposed development complies with all standards and requirements set forth below: 1. A unique condition exists on the site where adherence to the top of slope setback will create an unworkable design problem. 2. Any intrusion into the top of slope setback or height limit is minimized to the greatest extent possible. 3. Other parts of the structure or development on the site are located outside the top of slope setback line or height limit to the greatest extent possible. 4. Landscape treatment is increased to screen the structure or development in the setback from all adjoining properties. MEMORANDUM TO: Aspen Planning and Zoning Commission FROM: Julie Ann Woods, Interim Community Development Director RE: 240 Lake Ave., ESA Hallam Lake Bluff DATE: October 20, 1998 SUMMARY: The applicants recently landmarked their home and have received approval from the HPC to extend the height of the existing rear elevation by 3' (raising the root). This development is located within 30' of the top of slope and therefore is required to be reviewed by the Planning and Zoning Commission. In addition, the applicant is proposing to create a raised planter at the base of the existing rear patio and back from the top of slope. The purpose of the planter is to create a "safe landing place" if someone accidentally steps of the patio. The owner's pet apparently fell down the slope and did not recover from its injuries. The owners do not want the same thing to happen when children visit. The planter will step down approximately 6" from the top of the patio, and will be contained by a dry -laid stone wall. The planter will then be planted with native shrubs (see attached landscape plan). Because the property is within the Hallam Lake overlay, ESA review is required. None of the proposed development conflicts with the ESA review standards. The owner and staff feel that the low proposed planter is fairly unobtrusive and this approach is preferred over adding a railing to the patio edge. The applicant has provided a sketch of what the railing would look like vs. the low planter for your consideration. Note that a railing would extend into the 45' angle from the top of slope. Staff recommends approval of the proposed planter as indicated in the attached drawings. APPLICANT: Ronald Greenberg, represented by Jennifer Cohen of Charles Cuniffe Architects. LOCATION: 240 Lake Ave. ZONING: R-6, Historic Landmark. CURRENT LAND USE: Detached single-family residential. LOT SIZE: 14,220 s.f. REFERRAL COMMENTS: No City agencies expressed concerns with the proposed development. The application was forwarded to Tom Cardamone, of A.C.E.S., who expressed his concern that a planter wall had the potential to be undermined and cause further damage to the slope. He was most concerned that a footer for the wall may impact the top of slope. The applicant has indicated on their plans that the dry -laid stone wall will be placed back from the top of slope, and that there will not be any need for a footer with this kind of wall. The planter will also step back away from the closest aspen tree, approximately 4' from the edge of the patio, in order to reduce any potential damage to the tree. The applicant has also agreed to have all the work done manually without equipment which could potentially impact the bluff. Staff has included this as a condition of approval. REVIEW PROCEDURE: 26.68.060 Hallam Lake Bluff review. Hallam Lake Bluff review standards. No development shall be permitted within the Hallam Lake Bluff ESA unless the commission makes a determination that the proposed development meets all of the following requirements: 1. No development, excavation or fill, other than native vegetation planting, shall take place below the top of slope. Response: No land disturbance is proposed below the top of slope. .2. All development within the fifteen (15) foot setback from the top of slope shall be at grade. Any proposed development not at grade within the fifteen (15) foot setback must be approved by special review pursuant to Section 26.64.040(D). Response: The proposed planter is located at grade. 3. All development outside the fifteen (15) foot setback from top of slope shall not exceed a height delineated by a line drawn at a forty-five (45) degree angle from ground level at the top of slope. Height shall be measured and determined by the zoning officer utilizing that definition set forth at Section 26.04.100. Response: No new development exceeds the height of the 45 degree angle from the top of slope. 4. A landscape plan shall be submitted with all development applications. Such plan shall include native vegetative screening of no less than fifty (50) percent of the development as viewed from the rear (slope) of the parcel. All vegetative screening shall be- maintained in perpetuity and shall be replaced with the same or comparable material should it die. Response: The applicant has submitted a landscape plan for the proposed planter. The planter itself is considered development. Because the existing vegetation of the slope will be unaffected, the development should remain screened by 50% vegetation The plan 2 indicates low -growing shrubs with native species within the planter. Staff does not recommend additional landscaping in front of the planter as it would then be below the top of .slope. Staff believes the existing native vegetation adequately addresses this standard. j. All exterior lighting shall be low and downcast with no light(s) directed toward the nature preserve or located down the slope. Response: The applicant represents that all exterior lighting shall be low and downcast, with no lights directed towards the nature preserve or located down the slope. 6. No fill material or debris shall be placed on the face of the slope. Historic drainage patterns and rates must be maintained. Pools or hot tubs cannot be drained down the slope. Response: The applicant represents that no fill material or debris shall be placed on the face of the slope nor will historic drainage patterns be disturbed. 7. Site sections drawn by a registered architect, landscape architect, or engineer shall be submitted showing all existing and proposed site elements, the top of slope, and pertinent elevations above sea level. Response: Said drawings have been submitted by an architect and reviewed by the City Engineering Department. STAFF FINDINGS AND RECOMMENDATION: Community Development staff finds that the application meets the Hallam Lake Bluff Review Standards and should be approved with the following conditions: 1. The dry -laid stone walls are approved as proposed. 2. For the purpose of maintaining the integrity of the Hallam Lake Bluff slope and to minimize the visual impacts from construction, the applicant shall observe the following construction process for the dry -laid stone planter: a. Silt fencing shall be erected on the down -slope side of the planter prior to construction activity and shall remain in place until completion and sign - off by the Building Inspector. b. Existing vegetation within the construction area shall be tied back to prevent damage. c. All demolition, digging, and construction shall be accomplished manually, not with the aid of mechanical equipment. In the event mechanical equipment is necessary, the Parks Department shall be notified and placement of the equipment shall be approved by the Parks Department. 3. Before issuance of a building permit, the applicant shall record this Planning and Zoning Resolution with the Pitkin County Clerk and Recorder located in the Courthouse 3 Plaza Building. There is a per page recordation fee. In the alternative, the applicant may ,pay this fee to the City Clerk who will record the resolution. 4. All material representations made by the applicant in the application and during public meetings with the Planning and Zoning Commission shall be adhered to and considered conditions of approval, unless otherwise amended by other conditions. RECOMMENDED MOTION: "I move to approve the Hallam Lake Bluff ESA for 240 Lake Ave. with the conditions stipulated in the Planning and Zoning Commission's Resolution No. 98- dated October 20, 1998." EXHIBITS: A. Resolution No. 98- B. Application with drawings g/planning/aspen/cases/esa/240lak. doc 4 RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION APPROVING A HALLAM LAKE BLUFF REVIEW FOR THE GREENBERG RESIDENCE, 240 LAKE AVE., CITE' OF ASPEN. Parcel No. 2735-124-07004 Resolution 498 - WHEREAS, the Community Development Department received an application from Ronald Greenberg, owner and applicant, for landscape and physical improvements to his property located at 240 Lake Ave.; and, WHEREAS, the subject improvements which fall within 15 feet of the top -of - slope of the Hallam Lake Bluff are within the review authority of the Planning and Zoning Commission, pursuant to Section 26.68 Environmentally Sensitive Areas; and, WHEREAS, the Planning and Zoning Commission may approve development within the Hallam Lake Bluff Environmentally Sensitive Area in conformance with the review criteria set forth in Section 26.68.060; and, WHEREAS, the City Engineer, the City Parks Department, the Community Development Department, and the Aspen Center for Environmental Studies (ACES) reviewed the proposal; and WHEREAS, during a regular meeting on October 20, 1998, the Planning and Zoning Commission approved by a to vote the Hallam Lake Bluff Review for the Greenberg residence with the conditions recommended by the Community Development Department. NOW, THEREFORE BE IT RESOLVED by the Commission: That the Hallam Lake Bluff Review for the Greenberg Residence, 240 Lake Ave., is approved with the following conditions: 1. The dry -laid stone walls are approved as proposed. 2. For the purpose of maintaining the integrity of the Hallam Lake Bluff slope and to minimize the visual impacts from construction, the applicant shall observe the following construction process for the dry -laid stone planter: a. Silt fencing shall be erected on the down -slope side of the planter prior to construction activity and shall remain in place until completion and sign - off by the Building Inspector. b. Existing vegetation within the construction area shall be tied back to prevent damage. C. All demolition, digging, and construction shall be accomplished manually, not with the aid of mechanical equipment. In the event mechanical equipment is necessary, the Parks Department shall be notified and placement of the equipment shall be approved by the Parks Department. 3. Before issuance of a building permit, the applicant shall record this Planning and Zoning Resolution with the Pitkin County Clerk and Recorder located in the Courthouse Plaza Building. There is a per page recordation fee. In the alternative, the applicant may pay this fee to the City Clerk who will record the resolution. 4. All material representations made by the applicant in the application and during public meetings with the Planning and Zoning Commission shall be adhered to and considered conditions of approval, unless otherwise amended by other conditions. APPROVED by the Commission at its regular meeting on October 20, 1998. APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION: City Attorney ATTEST: Jackie Lothian, Deputy City Clerk g:l Wming/aspenheso.dod240lakdoc Sara Garton, Chair J MEMORANDUM CHARLES CUNNIFFE ARCHITECTS 520 E. HYMAN, SUITE 301, ASPEN, CO 81611 970/925-5590 970/925-5076 FAX ARCHITECTURE PLANNING INTERIORS TO: Review committee FROM: Jennifer Cohen DATE: October 15, 1998 PROJECT: Greenberg JOB NO.: 9746 REGARDING: Hallam Lake Bluff Review NOTES: Under the Hallam Lake Bluff review standards the following items were to be addressed. 1. No development, excavation or fill, other than native vegetation planting, shall take place below the top of slope. - The proposed planter does not occur below the top of slope, and no excavation will be required. 2. All development within the fifteen -foot setback from the top of slope shall be at grade. - The proposed planter is at grade. 3. All development outside the fifteen -foot setback from top of slope shall not exceed a height delineated by a line drawn at a forty-five (45) degree angle from ground level at the top of slope. Please see the site section. As is shown, all development proposed for the home is within the allowed forty-five (45) degree angle. 4. A landscape plan shall be submitted with all development applications. - The required landscape plan has been submitted. 5. All exterior lighting shall be low and downcast with no light(s) directed toward the nature preserve or located down the slope. - All proposed lights will be low in intensity and not cast down the slope or pointed at the nature preserve. 6. No fill material or debris shall be placed on the face of the slope. Historic drainage patterns and rates must be maintained. - Our proposed planter does not place any fill material or debris on the face of the slope and the drainage patterns will not be disturbed. 7. Site sections drawn by a registered Architect, Landscape Architect, or Engineer shall be submitted showing all existing and proposed site elements, top of slope and pertinent elevations above sea level. - Please see both the 2036 site section sheet and the 11 X 17 sheet for these items. Other issues that have been addressed. 1, There is an aspen tree approximately four (4) feet out from the deck on the East side of the patio. - We have no intention of removing or damaging this tree, and the owner is willing to do what is necessary to preserve it. 2. What material will the planter "wall" be made of? -The material we plan to use to hold in the planter is stacked rock of a local or historic nature. The existing wall of the patio is made of concrete block. We understand that this may seem too solid and therefore propose the stacked rock. All of the "wall" will stay behind the top of slope and there will be no cutting into the slope. BY; jc COPY TO,Ronnie and Jan Greenberg, CLC, file ,. �?� ✓� �. 4���� � �� � � � ��� � N TX� / ft 1 t � � ° ������ ��%� /. >\ / d , y y\� � . . »,: © ; . . . a �� � , y \ . « a s < �� « � i i\\ . `�. � : ! Z ;�\� �� \�^ < :I: r y. : . y� � � Eq t � x yp € " 1 � Y i �. FA r. ter= MEMORANDUM TO: Aspen Planning and Zoning Commission THRU: Julie Ann Woods, Interim Community Development Director FROM: Christopher Bendon, Planner RE: LP Program Worksession DATE: October 20, 1998 SUMMARY: The Community Development Department has been processing an amendment to the LP zone district that would have allowed dimensional requirements to be varied under a special review process. City Council raised concerns about this proposed process because Special Review does not require public noticing and hearing requirements, and such variances could impact adjacent properties. In re-evaluating the LP Small Lodge lottery program which is scheduled to sunset after the final change -in -use lottery scheduled for November 17th, staff is suggesting an alternative approach which we would like to discuss with City Council in a work session on October 19th, and with the Planning and Zoning Commission in a work session on October 20th. The hearing scheduled before the Planning and Zoning Commission on the proposed amendment will be tabled indefinitely to allow consideration of a revised LP program. Essentially, staff is suggesting the LP Small Lodge Lottery Program not be extended in its present form. However, staff has been approached by a number of small lodge owners who would still like some flexibility should they decide to expand their lodges or provide affordable housing on -site. Staff is suggesting that the following modifications be made to the small lodge program: • LP Zoned properties that have either converted to another use through the small lodge lottery program or have not been operated as a lodge would maintain their underlying zoning, but would also be assigned a Lodge (L) Overlay (not to be confused with an LP Lodge Overlay) in order to allow the possibility of conversion back to a lodge use in the future. • Lodges currently zoned with an LP Overlay and operating as a lodge would be zoned back to LP (removing it as an overlay) with a PUD Overlay to allow dimensional flexibility. • The lodge definition would be amended to more closely prescribe a traditional lodge. • Lodges that wish to expand or convert to Affordable Housing would not be required to compete under Growth Management. Lodges that would like to provide free-market residential would be required to compete for GMQS allocations, or deed restrict units to Resident Occupancy. This approach would sunset a program which has been somewhat controversial. However, this modified approach addresses a) the ability for older lodges (which remain in the lodging business) to gain flexibility in their zoning and Growth Management; b) eliminates the long-term rental component of lodges; and c) allows expansion of lodge units and the ability to add affordable housing on -site. The process would be a P&Z exemption from Growth Management (or conditional use review if it is changed to affordable housing, which would require a public hearing), and requires a public hearing before City Council for dimension or parking variances (under the PUD review). Staff has invited the lodge owners to attend this work session before City Council to provide input on the program. Staff is looking for direction from City Council in order to address the long-term maintenance and character of Aspen's small lodges. Following the City Council's work session on Monday evening, Staff will update the Planning and Zoning Commission on the direction considered by Council. SUMMARY OF PROGRAM: Attached as Exhibit A is an analysis of the impacts on the small lodges that were zoned LP Overlay as a part of the 1996 Small Lodge Lottery program. As of this date, a total of 188 lodge units have been removed from the bed base as a result of the LP Lodge program and other conversions. With 340 lodge units remaining, this represents 36% ([340 + 188=528]; 528/188 = .36) of the LP zoned lodge units lost in total. If looking strictly at the impacts of the LP program, there has been a 13% [71/528 = 13%] lodge unit loss through the change in use with the potential of gaining 16 more lodge units (pending lodge expansion approvals through the change in use process before the P&Z). For non -LP zoned properties seeking development of Tourist Accommodations, at least 142 units would be available (presuming 100 are allocated to the AMPUD project) through GMQS Competition. QUESTIONS: The City Council needs to address the following philosophical questions concerning small lodges: Should small lodges be restricted in their redevelopment scenarios or should they be allowed a range of options as was envisioned under the LP Program? Should lodges be easily able to convert/expand to create deed -restricted Affordable Housing? Should the FAR for LP zoned properties be increased (or allowed to be modified under the PUD) to accommodate lodge expansion or conversion to affordable housing? Should lodges retain the ability to expand lodging facilities without competing (GMQS) with larger hotel projects? 2 Should the long-term rental component of the lodge definition be eliminated? If not, should the lodges that allow long-term rental be required to restrict these rentals to resident occupants (RO)? TECHNICAL CONSIDERATIONS: When the LP Small Lodge Lottery Program was developed, it designated each property previously zoned LP with an underlying zone congruent with the surrounding zoning and changed the LP designation to an Overlay. For example, the St. Moritz Lodge was assigned an R-6 underlying zone to be consistent with the surrounding properties(if a change in use through the lottery was approved). However, some technical difficulties resulted by changing from an LP zone to an LP Overlay. [Overlays can be used to augment zone districts in two ways: to require or allow a certain land use process, and to allow or prohibit certain uses. For example, the Main Street Historic Overlay requires an HPC review process , while the Golf Course Support Overlay allows for restaurant uses 7. When the LP Zone District became an overlay, it retained all of the dimensional provisions of a zone district. This creates zoning provisions that conflict (underlying zoning dimensional requirements vs. overlay zone dimensional requirements) and which are further complicated by many existing non -conformities that pre -dated zoning. For example, the side yard setback for a lodge (depending on the lot size) could be 10 feet under R-6 zoning and 5 feet under the LP Overlay. Often the actual side yard setback is 0 feet because it was built before zoning. Many properties in the LP Small Lodge Lottery program have this technical problem. This is the reason staff is suggesting a PUD Overlay. MAXIMUM FLEXIBILITY TO ALLOW EXPANSION WHILE RETAINING THE LODGE CHARACTER: Because of these common nonconformities, many of the older lodges could benefit from more flexibility in zoning (hence the proposal to create a PUD Overlay). For example, the Christiania Lodge has several large trees, at least one historic resource, a surfaced ditch, and a potential future rail stop. The use of a PUD overlay would allow potentially more creative solutions for the expansion and/or redevelopment of these types of properties vs. strict adherence to setbacks, etc. The PUD would invite public input on a redevelopment scenario through the public hearing process. The PUD Overlay would allow both the Commission and the Council to review dimensions and parking for each lodge under review at a public hearing, and would not require a new type of land use process. A process which allows flexibility in design for LP properties will encourage improvements to preserve lodge uses and where affordable housing is desired by an owner, the Land Use Code would allow this use through a conditional use process as outlined in the LP zone district. Furthermore, both the Commission and Council would have the authority to review all development on LP properties (where a PUD is requested) and consider on a case- 3 by -case basis whether such development is in support of the LP Zone District's purpose and is compatible with the neighborhood. (Attached as Exhibit B is the review criteria established under our existing PUD process). There is one drawback to this criteria, however, and that is that the FAR is established by the underlying zoning, which in the case of LP is 1:1. Staff would like to know if City Council would be willing to consider a change to the LP zone which would allow an increase in FAR (or allow FAR to be modified under the PUD) for lodge expansion or affordable housing. Staff is therefore recommending that the remaining lodges be assigned an underlying LP zoning with a PUD overlay to allow creative solutions and some redevelopment potential. IMPLICATIONS OF THE LODGE DEFINITION: If the intent of this modified LP program is to help retain the character of Aspen's lodges, then staff believes that the lodge definition should be tightened to eliminate long-term (six months or more) rentals. Staff believes this type of use is really residential in nature. The conversion to residential of this type should be considered new growth competing through GMQS and Rezoning, unless the application is for Affordable Dousing, category or RO units. As currently defined, Lodge means a building within the Lodge Preservation Overlay zone district or a building presently zoned Commercial Lodge (CL) containing three (3) or more individual rooms for the purpose or providing lodging facilities on a short or long-term basis, for compensation, with or without meals, and which has common facilities for reservation and cleaning services and on -site management and reception. A lodge may include kitchens within individual rental units. Staff is suggesting that the "or long-" portion of the definition be removed to make it clear that a lodge is a lodge and not a residential unit. However, staff would like to point out to City Council that it was the addition of kitchens to lodge rooms which has had the real impact on the continuing supply of lodge rooms in the city. With the addition of kitchens, many lodges became "defacto" studio and one - bedroom free-market residences. These conversions have created a needed market niche for some working locals, but staff is concerned that without deed restrictions, these "rooms" could also be leased long-term to visitors who may only use them two weeks per year. One way to address this concern would be to require that these types of residences be required to be deed restricted as RO units. Another implication of the lodge definition is that it does require common facilities for reservation and cleaning services and on -site management and reception. Based on this definition, staff has determined that if a property is to be considered a lodge, it must provide these manned services and facilities, such as the Aspen Bed and Breakfast. In other words, a visitor ought to be able to drive up and inquire at a manned front desk if 4 there are rooms available for the night. This was an issue raised by the new owner of the Christiana who is considering conversion to long-term free-market rentals. Staff anticipates that the new owner of the Christiana will be in attendance at the work session and may want to elaborate on this issue. GMQS ALLOTMENTS: Staff believes that there should be a GMQS exemption which allows expansion of LP Lodges, additional AH units on LP properties, and conversions between these two uses. Staff believes this GMQS exemption could stay at the P&Z level, as was the case with the lottery program (with the same or similar review criteria). All other allotments, such as free-market residential, would track through the normal GMQS competition process. For example, if a lodge wanted to create a restaurant (new growth), the allotment would go through City Council for additional commercial square footage in addition to their conditional use request from the P&Z. A free- market residential unit allotment would be considered by Council, but would also require -a rezoning to a district which allowed such a use. Staff believes the exemptions should be deducted from the total pool of tourist accommodations or affordable housing, but that as an exemption, the lodges would not be required to compete for annual allotments with larger hotels or AH projects. In other words, the expansions and conversions would still be counted as "growth", - but could be deducted from the "back end" of the total allotments. By being exempt, and not having to compete, this is the "carrot" that was developed under the current lottery program. The difference with the small lodge lottery program was that a certain number of allotments were available each year for lodge expansion or conversion which were not included in the city-wide GMQS. RECOMMENDATION: The Community Development Department is recommending that City Council sunset the existing LP Small Lodge Lottery Program, but retain the ability for LP lodges to expand lodge units, create or expand AH units, or convert between the two uses, all with P&Z review (for GMQS exemptions and/or conditional use approval) unless there are dimensional or parking variances which would be considered under the .PUD criteria (attached as Exhibit B) and in a public hearing before the P&Z and City Council. All bona -fide lodges and properties which are deed restricted AH (i.e. the Cortina Lodge) in the current LP program should be rezoned to LP-PUD. The LP Zone is most appropriate for these older lodges, affordable housing is allowed as a conditional use, and the PUD Overlay allows an owner to propose changes to the dimensional or parking provisions of the zoning. This achieves a goal of allowing more flexibility for lodge and AH uses while ensuring public hearings at the appropriate level, and does not require the creation of another land use process. The GMQS exemption process with P&Z should allow for expansions of lodge and AH units and allow easy conversion between the two uses. All other types of 5 development, such as change -in -use to free-market residential should proceed through the regular GMQS process. Under the regular process, this may or may not require Council review, depending upon the request. All non -lodges in the LP Program should be rezoned to the most congruent zone district with a Lodge (L) Overlay (i.e. Bell Mountain Lodge). The congruent zones were established at the beginning of the LP Program and ensure compatibility with surrounding properties. The Lodge (L) Overlay simply allows lodge use in addition to any use allowed in the underlying zoning and works much better as an overlay than LP. This preserves the right for a former LP lodge `to change back' to a lodge, a stated desire of the City Council when they were considering the Bell Mountain project. To further clarify, the Bell Mountain Townhomes would be zoned RMF/PUD-L. The RMF/PUD is the current zoning as approved by City Council while the "L" would allow for a future conversion to lodge use without a zoning amendment. To summarize, the following table highlights the zoning and land use processes for all LP Program properties depending upon their current use and redevelopment scenario: Zoning Use No change of current use Expand AH or Lodge Units Convert between AH and Lodge Use Convert to non- AH/Lodge Use Lodge LP-PUD LP-PUD LP-PUD LP-PUD and AH Use P&Z P&Z GMQS, No Process Exemption Exemption Rezone Non- Congruent Congruent Congruent Congruent Lodge Zone (L) Zone (L) Zone (L) Zone (L) Use Overlay Overlay Overlay Overlay No Process GMQS GMQS GMQS Staff hopes that this summarizes a revised LP program which will achieve multiple community goals of maintaining the character of Aspen's lodges while allowing incentives to remain a lodge or convert to affordable housing in a manner that can be reviewed on a case -by -case basis. 0 AN ANALYSIS OF SMALL LODGE LOSS AND POTENTIAL DEVELOPMENT IN THE CITY OF ASPEN 9/24/98 The following is the Community Development Dept.'s preliminary analysis of the City's small lodges lost through the LP Small Lodge Lottery program and the development potential for Tourist Accommodations through competition in the GMQS. Small Lodge Lottery Program (GMQS Exempt) I. A rough and preliminary look at Lodge Units lost: A. Units lost through the LP program: • Brass Bed Inn: had 29 rooms and 70 pillows --- converted to residential • Fireside Inn: had 20 rooms and 53 pillows --- converted to residential • Bell Mountain Lodge: had 22 rooms and 51 pillows --- approved for conversion to residential Total Loss through LP: 71 rooms, 174 pillows B. Other Conversions* : • Alpine Lodge (LP): 11 rooms, 32 pillows --- rezoned to AH • Aspen Manor: 23 rooms --- gutted and currently vacant • Little Red Ski Haus: (11 ?) rooms --- converted to residential • Bavarian Inn (LP): 21 units --- converted to residential • Copper Horse (LP): 13 units --- converted to residential • Cortina (LP): 16 units --- converted to residential • Northstar (LP): 22 units --- converted to residential Total Loss through other conversion: 117 rooms *Note that several of the above were converted to residential prior to the LP Lottery program. C. Other Lodges remaining in the LP zone district: • Aspen B & B: 3 5 units, 114 pillows --- condominiumized rentals • Boomerang Lodge: 34 units, 101 pillows • Christiania Lodge: 22 units, 51 pillows --- recently sold and considering conversion to residential • Christmas Inn: 26 units, 51 pillows • Crestahaus Lodge (Beaumont): 29 units, 77 pillows --- has allocations for 10 additional lodge rooms (expansion) • Hearthstone House: 18 units, 32 pillows • Hotel Aspen: 47 units, 118 pillows --- condominiumized rentals • Hotel Lenado: 23 units, 38 pillows 0 Innsbruck Inn: 31 units, 75 pillows • Molly Gibson Lodge: 21 units, 118 pillows • Mountain House Lodge: 16 units, 56 pillows • St. Moritz Lodge: 20 units, 106 pillows-- has allocations for 6 additional lodge rooms (expansion) • Shadow Mountain Lodge: 11 units, 32 pillows --- condominiumized rentals • Snow Queen: 7 units, 20 pillows Total Remaining Zoned LP (existing): 340 rooms, 989 pillows GMQS Program (Competition) --Tourist Accommodations I. Currently Available Lodge Unit Allotments through GMQS Competition: • Unused Allotments From Past Years 33 • 1998-99 Allotments 11 • .TOTAL AVAILABLE for 1998 GMQS 44 Lodge Unit Allotments through the GMQS program (not the LP Small Lodge program) have a set total cap of 253 units at full buildout (2015). Eleven (11) of these were used as part of the Hines Aspen Highlands development, leaving 242 remaining. The Land Use Code has a provision for Multi -Year Allotments for "'Exceptional Projects." The developer of the Aspen Mountain PUD (AMPUD), currently has credits for up to 50 lodge rooms and 47 residential units through their previous GMQS approvals/reconstruction credits which do not get deducted from the "bucket". This leaves a total of 242 lodge unit allotments available through GMQS competition through 2015. If the AMPUD hotel proposal were to move forward, they would be requesting the 44 1998 GMQS allotments available plus an additional 56 through multi -year allotments. This would result in a remaining amount of 142 Tourist Accommodation allotments [242-100 = 142] available through 2015. Summary: As of this date, a total of 188 lodge units have been removed from the bed base as a result of the LP Lodge program and other conversions. With 340 lodge units remaining, this represents 36% ([340 + 188=528]; 528/188 = .36)of the LP zoned lodge units lost in total. If looking strictly at the impacts of the LP program, there has been a 13% [71/528 = 13%] lodge unit loss through the change in use with the potential of gaining 16 more lodge units (pending lodge expansion approvals through the change in use process before the P&Z). For non -LP zoned properties seeking development of Tourist Accommodations, at least 142 units would be available (presuming 100 are allocated to the AMPUD project) through GMQS Competition. g:/planeing/aspeWmsW lodge4oss.doc '� •Z tT ! t -�" 2 2. 6.84.030 r A B. Review standards. A development application for PUD shall comply with the following standarr' and requirements. 1. General requirements. a. The proposed development shall be consistent with the :aspen area Comprehensive plan. b. The proposed deveiootnent shall be consistent with the character of existing land uses in the surrounding area .. The proposed development snail not adversely affect the future development of the surrounding area_ " d. �41nai approval shall only be granted to the development to the extent to which GMQS a.ilotments are obtained by the applicant. �. Density. a. General. "Ile maximum density shall, be no greater than that permitted in the underlving zone distract Furthermore, densities may be reduced if: 1) 7here is not sufficient water pressure and other utilities to service the proposed development; (2) :ere are not adequate :wads to ensure :ire protection. snow removal aria -pad maintenance to the proposed deveiopment: (3) The land is not suitable for the proposed development because of its slope. `round instability. and the possibility of mud flow, rock falls and avalanche dangers; (4) 'lie effects of the proposed development are detrimental to the natural watershed, due to runoff. 1' drainage, soil erosion and consequent water pollution; (5) The proposed development will have a deleterious effect on air quality in the surrounding area and the city; or (6) The design and location of any proposed structure, road. driveway, or trail in the proposed developmen, jis not compatible with the terrain or causes harmful disturbance to critical natural features of the site. b. Reduction in density for slope consideration. i (1) In order to reduce wildfire, mudslide, and avalanche hazards; enhance soil stability; and juarantee adequate fire protection access, the density of a PUD shall also be reduced in areas with slopes In excess of twenty (20) percent in the following manner. (a) For lands between zero (0) and twenty, (20) percent slope, the maximum density allowed shall be that permitted in the underlying zone district; (b) For lands between twenty-one (21) and thirty (30) percent slope, the maximum density allowed shall be reduced to fifty (50) percent of that permitted in the underlying zone district; (c) For lands between thirty-one (31) and forty (40) percent slope. the density shall be reduced to twenty-five (25) percent of that allowed in the underlying zone district; and (d) For lands in excess of forty (40) percent slope, no density credit shall be allowed. (2) Maximum density for the entire parcel on which the development is proposed shall be calculated by each slope classification, and then by dividing the square footage necessary in the underlying zone district per dwelling unit (3) For parcels resting in more than one (1) underiying zone district, the density reduction calculation shall be performed separately on the lands within each zone district (4) Density shall be further reduced as specified in Chapter 26.04, Definition of Lot Area. 623 �^ 3. Land uses. The land uses permitted shall be those of the underiying zone district. Detached residential units may be authorized to be clustered in a zero lot line or row house configuration, but multi -family dwelling units shall only be allowed when permitted by the underlying zone district. 4. Dimensional requirements. "the dimensional requirements shall be those of the Underlying zone district: provided, that variations may be permitted in the following: a. Minimum distance between buildings, b. -Maximum height (including 'viewt)lanes); c. Minimum front yard; d. -Minimum rear yard: e. Minimum side yard; f. Minimum lot width; Minimum lot are h. Trash access area: i. internal floor area ratio; and j. Minimum percent open space. If a variation is permitted in minimum lot area. the area of any lot may be greater or less than the minimum requirement of the underlying zone district, provided the total area of all lots, when averaged, at least eczuais ;the permitted minimum for the zone district. .kny variation permitted shall be cieariv_ indicated on the final development plan. 1 5. Off-street parking. The number of off-street parking spaces may be varied from that required in the underlying, zone district based on the following considerations. a. The probable number of cars used by those using -the proposed development b. The parking needs of any nonresidential uses. c. The varying time periods of use, whenever joint use of common parking is proposed. d. The availability of public transit and other uansportation facilities, including those for pedestrian access and/or the commitment to utilize automobile disincentive techniques in the proposed development. e. The proximity of the proposed development to the commercial core or public recreational facilities in the city. a Whenever the number of off-street parking spaces is reduced, the city shall obtain assurance that the nature of the occupancy will not change. 6. Open space. The open space requirement shall be that of the underlying zone district However, a variation in minimum open space may be permitted if such variation would not be detrimental to the character of thef proposed planned unit development (PUD), and if the proposed develop ment shall include open space for the mutual benefit of all development in the proposed planned unit development (PUD) through a common park or recreation area. An area may be approved as a common park or recreation area if it: a. Is to be used and is suitable for scenic, landscaping, or recreation purposes; and b. Is land which is accessible and available to all dwelling units or lots for whom the common area is intended. A proportionate, undivided interest in all common park and recreation areas shall be deeded in perpetuity to each lot or dwelling unit owner within the planned unit development (PUD), together with a deed'restriction against future residential, commercial, or industrial development. 624 -1216.84.030 Any plan for oven space shall also be accompanied by a legal instrument which ensures the permaner care and maintenance of open spaces, recreation areas, and communally owned facilities. Landscaae plan. There shall be approved as part of the final development plan a landscape plan, which exhibits a well desinared treatment of exterior spaces. it shall provide an ampie quantity and variety of omamental plant species that are regarded as suitable for the Aspen area climate. 8•=Architec'tu al site plan. 7here shall be approved as part of the :inai development plan an architectural site plan, which ensures architectural consistency in the proposed development, architectural character, building design, and the preservation of the %. isual character of the city. It is not the purpose of this review that control of architectural character be so rigidly enforced that individual initiative is stifled in the design of a particular building, or substantial additional --xpense is required. Architectural character is based upon the suitability of a building for its purposes. upon the appropriate use of materials, and upon the principies of harmony and proportion of the buildings with each other and surrounding 'and uses. Building design should minimize disturbances to the naturai terrain and maximize the o_ reservation of existing vegetation. as -veil as enhance drainage and reduce soil erosion_ 9. Lighting. Adl lighting shall be arranged so as to prevent direct glare or hazardous interference of any kind to adjoining streets or lands. 10. Clustering. Clustering of dwelling units is encouraged. 11. Public facilities. 71he proposed development shall be designed so that adequate public facilities will be available to accommodate the proposed development at the time development is constructed, and that there will be no net public cost for the provision of these public facilities. Further, buildings shall not be arranged such that any structure is inaccessible to emergency vehicles. 12. Traffic and pedestrian circulation. a. Every dwelling unit, or other land use permitted in the planned unit development (PUD) shall have: access to a public street either directly or through an approved private road, a pedestrian way, or other area i dedicated to public or private use. b. Principal vehicular access points shall be designed to permit smooth traffic flow with controlled turning movement and minimum hazards to vehicular or pedestrian traffic. Minor streets within the planned unit development (PUD) shall not* be connected to streets outside the development so as to encourage their use by through traffic. c. The proposed development shall be designed so that it will not create traffic congestion on the arterial and collector roads surrounding the proposed development, or such surrounding collector or arterial roads shall be improved so that they will not be adversely affected. d. Every residential building shall not be farther than sixty (60) feet from an access roadway or drive providing vehicular access to a public street. # e. All nonresidential land uses within the planned unit development pment (PUD) shall have direct access to a collector or arterial street without creating traffic hazards or congestion on any street f. Streets in the planned unit development (PUD) may be dedicated to public use or retained under private ownership. Said streets and associated improvements shall comply with all pertinent city regulations and ordinances. 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. 625