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HomeMy WebLinkAboutagenda.apz.19990518AGENDA ASPEN PLANNING & ZONING COMMISSION REGULAR MEETING TUESDAY, MAY 18919999 4:30 PM CITY COUNCIL CHAMBERS, CITY HALL I. COMMENTS A. Commissioners B. Planning Staff C. Public II. MINUTES (04/13/99) III. DECLARATION OF CONFLICTS OF INTEREST IV. PUBLIC HEARING 4:45-4:50A. Minor PUD Code Amendment, Chris Bendon (continued to June 8, 1999) no packet material 4:50-4:55B. Lodge Preservation Program Text Amendment, Chris Bendon (continued to June 8, 1999) no packet material 4:55-5:30C. 855 Bay Street Conditional Use for an ADU, Mitch Haas and Chris Bendon (continued from April 13) 5:30-6:ooD. 488 Castle Creek Rezoning, Chris Bendon V. ADJOURN (Information item on Truscott Golf Pro Shop was pulled) CITY AGENDAS 5/18 City Planning and Zoning (4:30) City Notice 4/27 Minor PUD, Code Amendment, Public Hearing (con't to 6/8) (CB) 855 Bay Street, Conditional Use for an ADU, Public Hearing (con't from 4/13) (MH) 488 Castle Creek Road, Rezoning, Public Hearing (CB) Lodge Preservation Program Text Amendment, Public Hearing (con't to 6/8) (CB) 5/24 City Council (5:00) City Notice 5/4 Moore Annexation, Determination of Completeness, 1 s` Reading Ordinance 30 Revisions, I" Reading (JAW) 5/26 HPC (5:00) City Notice 5/4 308 N. V% Inventory, Public Hearing 333 W. Main, Minor 400 W. Smugger, Minor 520 E. Durant, Minor 333 W. Bleeker, Work Session 6/1 City Planning and Zoning (4:30) City Notice 5111 Burlingame Ranch Rezoning, Public Hearing (CB) Bavarian Inn, Conceptual PUD, Public Hearing (con't from 4/13) (MH) 308 N. I s% Inventory, Public Hearing (AG) 6/8 City Planning and Zoning (4:30) City Notice 5/18 Lodge Preservation Text Amendment, Public Hearing (con't from 5/18) (CB)_ Minor PUD, Code Amendment, Public Hearing (con't from 5/18) (CB) Burlingame Seasonal Housing, Final, Public Hearing (CB) Text Amendment, Section 26.04.100, Definitions, Floor Area, G. Accessory Dwelling Unit or Linked Pavilion, Public Hearing (MH) 6/9 BTC City Notice 5/18 405 S. Galena, Site Design 302 E. Hopkins, Conceptual, Public Hearing 121 N. Fifth, Historic Landmark Lot Split, Public Hearing 135 W. Hopkins, Conceptual (con't from 5/12) 6/14 City Council (5:00) City Notice 5/25 2 Williams Way, Inventory, 2nd Reading Public Hearing (SO) Street Name Change—"Aene Park" to "Alpine Court" (SO) Vendor's Agreement for Farmer's Market, Public Hearing (MH) Ordinance 30 Revisions, 2nd Reading Public Hearing (JAW) 308 N. 1st, Inventory, 1" Reading, (AG) 488 Castle Creek Rezoning, 1st Reading (CB) 121 N. Fifth, Historic Landmark Lot Split, 1st Reading (AG) Burlingame Ranch Rezoning, 1st Reading (CB) 6/15 Growth Management Commission (4:30) City Notice 5/25 Burlingame Season Housing, Public Hearing (CB) 6/15 City Planning and Zoning (5:30) City Notice 5/25 Aspen Mountain PUD, Conceptual, Lots 3 and 5, Public Hearing (MH) Hopkins and Original Work Session (MH) 6/21 City Council (5:00) Special Meeting Burlingame Seasonal Housing Final PUD, Subdivision, 1" Reading (CB) 6/22 City Planning and Zoning (5:00) Joint Meeting with County p&Z Buttermilk Master Plan 6/23 HPC (5:00) City Notice 6/1 6/28 City Council (5:00) City Notice 6/8 Burlingame Seasonal Housing Final PUD, Subdivision, Rezoning, GMQS Exemption, Fee Waivers and Appeal of Code Interpretation, 2nd Reading Public Hearing, Prenotice, (CB) 7/6 City Planning and Zoning (4:30) City Notice 6/16 Williams Ranch Substantial PUD Amendment, Public Hearing (CB) 7/12 City Council (5:00) City Notice 6/23 308 N. 1st, Inventory, 2nd Reading Public Hearing (AG) 488 Castle Creek Rezoning, 2nd Reading Public Hearing (CB) 121 N. Fifth, Historic Landmark Lot Split, 2nd Reading Public Hearing (AG) Burlingame Ranch Rezoning, 2nd Reading Public Hearing (CB) 7/14 HPC (5:00) City Notice 6/23 7/20 City Planning and Zoning (4:30) City Notice 6/30 7/26 City Council (5:00) City Notice 7/7 7/28 HPC (5:00) City Notice 7/7 cc: P&Z Packet City Attorney's Office City Planning Staff City Clerk's Office 5/13/99 g:/planning/aspen/agendas/comingup. doc/ 3 ADDENDUM TO: Aspen Planningand Zoning Commission THRU: Julie Ann Woods, P tCommunity unity Development Dlrecto Joyce Ohlson, De y Director FROM: Mitch Haas, Planner RE: 855 Bay Conditi naSUsetfo °t I'Creektree Subdivision) Stream r an Accessory Dwelling Unit (ADU) Margin Review, the Residential Design Standards. Parcel I.D. , and Variances from DATE: NO.2737-073-50001. May 18, 1999 (continued from April 61 1999 an d April 13, 1999) SUMMARY; please review the attached City Council regarding the A (Exhibit A copy of the staff memorandum to "Floor Area, G. Appeal of Code Interpretation: Section 26.04.100 D Accessory Dwelling Unit or Linked Pavilion." City Council passed the two following motions At � Definitions, both by votes of four to zero 10th hearing, I move to direct staff to pursue a simple code a ° (4-0): for detached ADUs above a two -car gara e. with amendment that would allow an FAR bon between 550 and 625 square feet, with the final n with a maximum building footprint us and Zoning Commission during its review of the sober to be determined by the Planning f .And, Proposed amendment. g I move to uphold the Community definitionevofeFloor'Unit Director's March 24, 1999, Code Interpretation regarding the deArea, G. Accessory DwellingU ' t or Linked Pavilion.' Staff is now in the process of initiatingthe cod Planning and Zonin e amendment, and hopes to have it be recommend approval the cussion on June 8, 1999- fore the With that aside, staff continues to n'ent proposal to locate the ADU below, the garage, but h a condition recognizing that the applicant agrees to approval for this ADU to relocate it above the pursue amendment of the conditional ituse amendment be approved b garage, should the aforementioned co cost, staff is recommending thaty artuncil. In the interest of saving the a de administrative) a P of this condition allow the amended applicant tt and Y approved by the Community Development Director if ' to be amended criteria for an "automatic" FAR bonus. In currently proposed, below grade ADU with o short, staff recommends apprund oval meet the e following condition included: pp val of the If a code amendment making an `automatic' FA above atwo-car garage with a footprint lar er th . R bonus possible for a detached ADU Council, the owner/applicant shall submit a an 450 square feet is adopted b City Development Director shall be permitted to rant request for, and the Community conditional use approval such that the ADU would b grant, approval to amend this receive an FAR bonus pursuant to the applicable roe. relocated above the effect at the time of application, provided the Co garage and p visions of the Land Use Code in the amended proposal to satisfy all applicable review Development Director find w criteria. s Further, staff continues to recommend approval ce, in staffs opinion, it satisfies all applicablereview °f the below -grade ADU proposal sin criteria, as explained in the April 13, 1999 memorandum. Staff has re -reviewed the AACP in an attempt to determine whether it in any of below -grade ADUs. The Plan simply stresses a need for an waypre developmentand makes no distinction between aboveand below- increased and P of affordable units increased inventory an below -grade units throughout town in which people grade units. There are m y unit is below grade does not categorically render it g The fact that a the determination of acceptability" have been living happily. est leaving undesirable or unlivable, and staff would suggest have lower otential renter(s) of the unit. Also, a unit" s design and disposition will to the individual, p « ffordability." That is, below grade units thldifferent needs and factor into its final level of a thus, serve a population w -grade units and may, point, the Housing rents than will above-gr ade units. To conclude this might the above -grad a and no one sector can financial means than mig Action Plan of the AACP states that, "No .one location, uni no one type provide the opportunities needed to sustain the comm approval • Community Development Department staff recommends o1 d Creektr RECOMMENDATION. Street (Lotee Conditional Use for an ADU at 855 Bay of the prop conditions: Subdivision) with the following possible for a detached ADU square feet is adopted by City a code amendment making an `automat' FAR 450ssgunit If with onu a footprint larger and the Community above atwo-car garage licant shall submit a request for, to amend this Council, the owner/app rant, administrative approval and Development Director shall be permitted tog e Code in effect such that the ADU would be relocated above Us he garage conditional use approval applicable provisions of the L receive an FAR bonus pursuant to the app provided the Community Development Director finds the at the time of application, prove -sal to satisfy all applicable review criteria. amendedproposal P application shall: Commission 2. The Building Permit nd recorded copy of the Planning and Zoning C cover sheet n a. include a signed Reso lution outlining the granted approvals and conditions, madeforthe purpose of construction, the building permit Plan set and all other prints m conditions of approval; and all con the language of any letter from the contractor indicating that all conditions b, include a signed and notarizedunderstood by him/her; of approval are known to an Unit will of the recorded Lot 1, Creektree Subdivision plat; Dwelling c. include a copy Office that the Accessory d. include verification from the Hare feet of net livable area; kitchen having contain between 300 and 700 q k and a 6-cubic foot ' ication from the Housing Office that the ADU will a e. include verification a minimum of a two -burner stove with oven, stand refrigerator plus freezer; of which must be obtained from f, include a signed and recorded Deed Restriction, a copy s as a the Housing Office; g• y Unit (ADU) on building permit Plan clearly identify the Accessory Dwelling g ace for the ADU, separate unit; off-street parkin space clearlyindicate the provision of at least oone the final plans; s h' shall be shown and designated and said space(s) agreement to join any future improvement district( of an g improvements in adjacent public i, include an executed copy u ose of constructing P which may be formed for the purpose rights -of --way; ings to verify compliance with all applicable dimensional j • include working draw requirements; 0 of an executed and recorded Sidewalk, Curb &Gutter Agreement; k. include a copy 2 1. a copy of an executed tap permit from the office of the Aspen Consolidated Sanitation District; payment of the total connection charges shall be made prior to the issuance of a building permit; m. information needed to verify that the proposed plans for the ADU will comply with all UBC requirements including but not limited to those addressing natural light, soup attenuation, and ventilation standards; g d n. include drawings that show all utility meter locations; utility meter locations must b accessible for reading and may not be obstructed by trash storage. e 3. The applicant shall provide a roof overhang or other sufficient means of preventing snow from falling on both the stairway leading to the door and the area in front of the door to the ADU; sufficient means of preventing icing of the stairway is also required. 4. Prior to the issuance of a Certificate of Occupancy (CO), the applicant shall permit Community Development Department, Engineering and Housing Office staff to insect the property to determine compliance with the conditions of approval. p 5. Except as provided for in condition number 1., above, if the proposed use, density, or timin of the construction of the project change, or the site grading,drainageg plans for this project change subsequent to this approval, a complete set of he r revised plans shall be provided to the Engineering and Community Development Departments for review and re-evaluation. 6. The applicant/owner shall provide the contractor(s) with copies of all Planning and Zonin Commission resolutions applicable to the 855 Bay Street Stream Margin Review and g Conditional Use Review approvals. 7. All material representations made by the applicant in this application and during public meetings with the Planning and Zoning Commission shall be adhered to and hall be considered conditions of approval, unless otherwise amended by a Board/Commission havin authority to do so. g RECOMMENDED MOTION: "I move to approve the Conditional Use request for a Accessory Dwelling Unit at 855 Bay Street (Lot 1, Creektree Subdivision) with the conditions recommended in the May 18, 1999 addendum to the April 13, 1999 staff memorandum." EXHIBITS: Exhibit A Staff Memorandum to City Council dated May 10, 1999, regarding the Appeal of Code Interpretation: Section 26.04.100, Definitions, "Floor Area, G. Accessory Dwelling Unit or Linked Pavilion." 3 r P & Z Resolution 99--a 855 Bay Street RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION GRANTING APPROVAL OF A CONDITIONAL USE FOR AN ACCESSORY DWELLING UNIT ON LOT ONE OF THE CREEKTREE SUBDIVISION, 855 BAY STREET, CITY OF ASPEN Resolution 99-M WHEREAS, The Community Development Department received an application from David Muckenhirn of Ventures West on behalf of James A. Morse, owner, for Conditional Use Review of a detached, below -grade Accessory Dwelling Unit having approximately five hundred forty-five (545) square feet of net livable area; and WHEREAS, pursuant to Section 26.40.090 of the Aspen Municipal Code, Accessory Dwelling Units may be approved at a public hearing by the Planning and Zoning Commission as Conditional Uses in conformance with the requirements of said Section; and WHEREAS, the Housing Office, the City Engineering Department, the Parks Department, the City Zoning Officer, the Aspen Consolidated Sanitation District, and the Community Development Department reviewed the proposal and recommended approval with conditions; and WHEREAS, a public hearing, which was legally noticed, was openedld at a at a regular meeting of the Planning and Zoning Commission on April 6, 1999, and which e Commission roved by a ed ____ meeting on April 13, 1999, and then May 18, 1999, to C-___-) vote the Conditional Uon approved for the $55 Bay Street residence's Accessory Dwelling Unit with the conditions recommended by the Community Development Department. NOW, THEREFORE BE IT RESOLVED by the Commission: That the proposed Conditional Use for an ADU at 855 Bay Street (Lot 1, Creektree p Subdivision) is hereby approved with the following conditions: 1. If a code amendment making an `automatic' FAR bonus possible for a detached ADU above a two -car garage with a footprint larger than 450 square feet is adopted by City Council, the owner/applicant shall submit a request for, and the Community Development Director shall be permitted to grant, administrative approval to amend this conditional use approval such that the ADU would be relocated above the garage and receive an FAR bonus pursuant to the applicable provisions of the Land Use Code in effect at the time of application, provided the Community Development Director finds the amended proposal to satisfy all applicable review criteria. 2. The Building Permit application shall: a. include a signed and recorded copy of the Planning and Zoning Commission Resolution outlining the granted approvals and conditions, and on the cover sheetof the building permit plan set and all other prints made for the purpose of construction, the language of any and all conditions of approval; Page 1 of 3 P & Z Resolution 99- 13 855 Bay Street b. include a signed and notarized letter from the -contractor indicatin of approval are known to and understood by him/her; g that all conditions c. include a copy of the recorded Lot 1, Creektree Subdivision lat• d. include verification from the Housing Office that p feet of net livable area• contain between 300 and 700 square Accessory Dwelling Unit will e. include verification from the Housing Office that the ADU�will contain a minimum of a two -burner stove with oven, standard sink, and ak lichen having refrigerator plus freezer; cubic foot f. include a signed and recorded Deed Restriction, a copy of which mu the Housing Office; must be obtained from g. clearly identify the Accessory Dwelling Unit (ADU) on building e separate unit; g permit plans as a h. clearly indicate the provision of at least of one (1) off-street parking s and said space(s) shall be shown and designated on the final plans; pace for the ADU, i. include an executed copy of an agreement to join any future improvement which may be formed for the purpose of constructing improvements in ant district(s) rights -of -way; adjacent public j. include working drawings to verify compliance with'all applicable requirements; PP able dimensional k. include a copy of an executed and recorded Sidewalk, Curb & Gutter 1• a copy of an executed tap permit from the office of the Aspen ConsolidatedAgreement;Sa ot District; payment of the total connection charges shall be made prior to the Sanitation building permit; ssuance of a m. information needed to verify that the proposed plans for the AD UBC requirements including but not limited to those addressingnatural omply with all attenuation, and ventilation standards; light, sound n. include drawings that show all utility meter locations; utility accessible for reading and may not be obstructed by trash storagemeter locations must. be 3. The applicant shall provide a roof overhang or other sufficient means of from falling on both the stairway leading to the door and the area in frontof he do snow ADU; sufficient means of preventing icing of the stairway is also required. the door to the q 4. Prior to the issuance of a Certificate of Occupancy (CO), the applicant Community Development Department, Engineering and Housin Offiice sshall permit property to determine compliance with the conditions of approval. staff to inspect the 5. Except as provided for in condition number 1., above if the of the construction of the project change, or the site, grading drainage, sed use, density, or timing plans for this project change subsequent to this approval, a complete set of t king, or utility shall be provided to the Engineering and Community Development De he revised plans and re-evaluation. p Departments for review 6. The applicant/owner shall provide the contractor(s) with copies of all Planni Commission resolutions applicable to the 855 Bay Street Stream Margin Revig and Zoning Conditional Use Review approvals. g ew and 7. All material representations made by the applicant in this meetings with the Planning and Zoning Commission shall abel� adhered r and during public ered to and shall be Page 2 of 3 P & Z Resolution 99-_0 855 Bay Street considered conditions of approval, unless otherwise amended by a Board/Commission having authority to do so. APPROVED by the Commission at its regular meeting on May 18, 1999. APPROVED AS TO FORM: David Hoefer, Assistant City Attorney Attest: Jackie Lothian, Deputy City Clerk Planning and Zoning Commission: Robert Blaich, Chairperson Page 3 of 3 I IRIT i To 5•rg•99 kv�ouN1 MEMORANDUM TO: The Mayor and City Council THRU: Amy Margerum, City Manager John Worcester, City Attorney Julie Ann Woods, Community Development Director Joyce Ohlson, Deputy Director FROM: Mitch Haas, Planner RE: Appeal of Code Interpretation: Section 26.04.100 De G. Accessory Dwelling Unit or Linked Pavilion." Definitions, "Floor Area, DATE: May 10, 1999 SUMMARY: Section 26:04.100, Definitions of the as it relates to an "Accessory Dwelling Unit or Linked av 1 onalas ode defines "Floor Area," follows: G. Accessory Dwelling Unit or Linked Pavilion. For the Purpose o cal culating area ratio and allowable floor area for a lot whose principal use 's residential, following shall apply: The allowable floor area for an attached accessorythe unit shall be excluded up to a maximum of three hundredfifty 350dwelling allowable floor area or fifty (50) percent of the size of the ac esso) square feet of whichever is less. An accessory dwelling unit separated from a rind al dwelling unit by a distance of no less than ten (10) feet with a maximum oot rint p structure fifty (450) square feet, shall be calculated at r f P of four hundred up to seven hundred 700 square feet o f� (S0) percent of allowable floor area Principal structure to the accessory unit f floor area. Any element linking the (6) feet wide and ten 10 may be no more than one (1) story tall, six ( )feet long. . This definition indicates that an ADU separated from a principal structure less than ten (10) feet with a maximum footprint of four hundred fiftyby a distance of no entitled to an FAR bonus. Ventures West has submitted a request for (45p) square feet is that the term "footprint" refers to the ADU itself (its floor plan), and Interpretation arguing the structure in which the ADU is incorporated meets the ground (plan necessarily to where that the language of the definition, as they read it, indicatesthattheoan view). They explain the encompassing structure) must not exceed 450 square feet to qualify footprint t of the ADU (not q fly for the FAR bonus. Ventures West purports that the word "footprint" is commonly used to describe the bottom perimeter of an architectural unit such as a room, a floor, a Pool, etc may rest, not necessarily just the ground. They go on to explain that, "The vincl ever base it underlying structure to 450 square feet just because it is the art of the inclusion of the the ground is certainly not implied in the common use of he word structure that meets reasonable assumption that it would be." "As we [Ventures West read the code, nor is t a clear is that the footprint of the ADU is restricted to 450 square feet code, all that is of whether it is on grade, below grade, or part of a structure above grade." et livable) regardless g1' (See Exhibit A.) INTERPRETATION: Staff of the Community Development Department consistently administered the above -cited definition as requiring that detached has routinely and containing ADUs have a maximum footprint of 450 square feet requiring be el gible f structures bonus. In doing so, the term "footprint" has been interpreted to mean " eligible for an FAR in plan view, or the conglomeration of all points of intersection betweenthe structure as drawn finished grade." In other words, the term "footprint" as used in the "Floor the structure and Floor Area" definition has always been interpreted as a reference to the footprint of the structure in which the ADU is incorporated, and not to the floor plan of the unit itself. (See Exhibit B.) of 6,114 square feet, the BACKGROUND: In designing a residence with ana allowable ADU s floor area, and used all applicant assumed an "automatic FAR bonus 5 and ofthe areas such as subgrade of the site's allowable FAR (plus the bonusADU above ement and garages). The original proposal would have located the be "automatic" e spaces/bas not detached two garage: When it was realized that the FAR he deed restriction as a sort of (i.e., without the imposition of "mandatory occupancy on the applicant was quid pro quo for a bonus being included with the conditional i �� approval), the a l FAR for q the left with the following options: 1) redesign the l mpnapon of approximately 288 square feet of the site --- this would have required either the proposed residence of nearly 10,000 gross square feet, or relocationcalculations; fthe FAR from p P ADU to a subgrade space so that most of its area would be of exempt s square feet less; 2) redesign the proposed detached structure450ve a s ua�e foot footprint provision to allow a apply for a code amendment to change theq larger footprint; or, 4) seek a code interpretation of the term "footprint," and if necessary, appeal the interpretation to Council. The applicant cho se to relocate the proposed ADU to a subgrade space in order Staff avoid having all of its gross square footage count toward the sites totaasllao able FAR. Use, and h g found the proposal to meet the review criteria for an ADU DS ion. The Commission feels recommended approval to the Planning and Zoning h not precluded by the Land Use Code, subgrade ADUs are not consistentaove with that, although the direction and recommendations of the AACP. Acce better ford1tlgey, rather ADU to be loca approve in the subgrade ADU, the Commission felt it would detached two -car garage.. Consequently, the Planning and unused, vaulted space above the deistpment unity lo Zoning Commission encouraged the applicant to appeal the CommsomehoDwVeprecluded Director's Code Interprets ion to Council, thinking that the interpretation or discouraged location of the ADU above -grade. • In interpreting the code language, staff struggled with the following' DISCUSSION. rP questions. Why would the maximum "footprint" (floor plan of the how can its bonus of up to 450 square feet when a 700 square foot unit is perm timabimumO footprint, is 450 square feet? 350 square feet of floor area be possible if the un PP Answer: if the a licant s interpretation is correct, the 350 square foot bonus and/ rt n q700 pg to s uare foot unit would only be possible for two-story ADUs. Is hCit dis ouraging detached encourage two-story ADUs? Staff thinks not. Similarly, is encourage the development of these units ADUs above two -car garages in order to, only above one -car garages or on grade? Again, staff thinks not. on Based on the ADU-related information found throughout the City Code and square foot understanding of the, ADU program's purpose, staff concl sd uctues hetmeets the ground, and footprint .provision must relate to whose jan.he �For instance, the criterion for the Planning and not to the perimeter of the unit s floor p Zoning Com mission to grant the FAR bonus/variation for a detached ADU is a finding h a "such variation is more compatible in characaracterr whtoh theripr marymary sres deuce) would be criterion (one related to compatibi ityth l ch ca capricious in relation to the floor plan of a unit within a larger building. oft`iIs arbitrary and p under the applicant's interpretation, such a criterion would seek ate character of the primary this room or unit within the detached buil on would be compatiblewith to the issue of detached residence?" Further, the variance criterion dwelling units being in harmony with'the letter and spirit of the City definition for accessory d g 2 ' "Accessory use or accessory structure," which includes such phrases as: "incidental to;" "subordinate to;" and, "is subordinate in area, extent, and purpose , .." CONCLUSION: While staff is comfortable basing its conclusion on the foregoing lines of reason, it may be added that the term "footprint" is commonly used in architectural circles to refer to a structure as drawn in plan view, or the conglomeration of all points of intersection between the structure and finished grade. This interpretation has been consistently applied in the past. In fact, in recent discussions with 'various architects, none disagreed with this interpretation and none believed the term applied to individual rooms, floors, etc. All architects staff has conferred with generally understand the term "footprint" to refer to where a structure meets the ground. With regard to the Planning and Zoning Commission's feeling that staffs interpretation somehow precluded or discouraged location of the ADU above -grade, staff can only respond by pointing out that relocation of the ADU to a subgrade space was required only because the applicant was not willing to either eliminate 288 square feet of FAR from the principal residence, or make the garage smaller. On the other hand, staff agrees with the applicant insomuch as it is nearly impossible to provide a functional two -car garage with a footprint of under 450 square feet. Thus, while staff stands by its interpretation, staff also feels it might be worthwhile to pursue a. simple code amendment that would allow for the "automatic" FAR bonus applying to detached ADUs above a two -car garage with a maximum footprint of five - hundred fifty (550) square feet if Council should be so inclined. A maximum footprint of 550 square feet (22' x 25') would accommodate a reasonable two -car garage while still ensuring that the detached structure is "incidental to," "subordinate to," and "subordinate in area, extent, and purpose" to the primary structure/residence. RECOMMENDATION: Staff recommends that City Council uphold the Community Development Director's interpretation of Section 26.04.100, Definitions, "Floor Area, G. Accessory Dwelling Unit or Linked Pavilion" finding that the term "footprint" as used in the subject definition refers to a structure as drawn in plan view, or the conglomeration of all points of intersection between the structure and finished grade. In addition, it is recommended that Council direct staff to pursue a simple code amendment that would allow an FAR bonus for detached ADUs above a two -car garage with a maximum footprint of five -hundred fifty (550) square feet. RECOMMENDED MOTION: "I move to uphold the Community Development Director's March 24, 1999, Code Interpretation regarding the definition of "Floor Area, G. Accessory Dwelling Unit or Linked Pavilion," as provided in Section 26.04.100 of the Aspen Municipal Code." "I also move to direct staff to pursue a simple code amendment that would allow an FAR bonus for detached ADUs above a two -car garage with a maximum footprint of five -hundred fifty (550) square feet." EXHIBITS: Exhibit A --- Request for Interpretation Exhibit B --- Director's Interpretation Exhibit C --- Request for Appeal of Interpretation 20'_0„ 19,_0" EAST ELEVATION SCALE: ROOF PLAN SCALE: 1/I6 "■ I'-O 24'-0' EA57 GARAGE ELE\/Ai'ION > 17'-0 * SNOW FENCE, GUTTER AND HEAT TAPE 10$'-0 97'-0 -1 26'-0" 11 NORTH GARAGE ELEVATION Z =ems Z w wLLJ =tea � Z m Z u�^. o LiJ C". Np 'c W a c w w V) a m m C j cry Z l ENE w4 rER \ b N --� N 70. 0'00. v `p4 t &D 0. /N 3 1,4 REC040 �iER FJELO ok/44 T NT E E,S� \� 1 1 � / •iy S ' 8 ti«�N 00 Goo / A , all so , �► � n o o^ OQ #: mAQ - N In Fn co go / :+;. a •1 /"1 L FI /010 p, s CD vo / ^ b C. q C 'viit oa'7 a,Dy a � � ?o• TR PA `CECTR,C s ,ate I I PEDuT /C l TyP£ST� s �0.a5 E 107. .61. 6 RE DS fly0 SAY S $ni' ' `�• .,�`_ R'�T .�''�' 't 1R/•� 0 s T,C AAY v,D R� ARK 'b� _ ► * TH P �i tN s yCC � ^' � �, r �•• at o>w�= rn te r -+ _p �mc • N C • NAME OF PROJECT: g5 ttAy j4'b CITY CLERK: J-ACK(E LOTTbAA-( STAFF: C44PIt) WITNESSES: (1) DAVID (2) (3) (4) (5) EXHIBITS: 1 Staff Report 0111�(Check If Applicable) 2 Affidavit of Notice (Check If Applicable) Qt -4 1-3 3 Board Criteria Sheet ( (Check If Applicable 4 5 MOTION: �- VOTE: YES NO D ROGER HUNT YES NO STEVEN BUETTOW V YES NO RON ERICKSON YES NO TIM SEMRAU YES V NO kSE IN THE CITY'S EXISTING TAXES), FOR PURPOSE OF CONSTRUCTING AND IVING CERTAIN CITY RECREATIONAL AND FACILJ"-NCLUDING, BUT NOT LIMIT- NSTRL A OF A SWIMMING POOL AT PARK; NSTRUCTION OF A NEW CLUBHOUSE, IOP, NORDIC CENTER, AND RESTAURANT E CrrY'S MUNICIPAL GOLF COURSE; JOVATTON OF THE CrrY'S EXISTING ICE kT THE ICE GARDEN; AND 4STRUCTION AND RENOVATION OF BASE- iOFTBALL FIELDS, TENNIS COURTS, BAS- +LL COURTS, TRAILS AND PEDESTRIAN MAYS, ANCILLARY PARKING FACILITIES, �;CAPING, AND RELATED IMPROVEMENTS IUGHOUT THE CITY PARK SYSTEM DING: LIN PARK; ORE PLAYING FIELDS; jE ASPEN SCHOOL DISTRICT CAMPUS; JM TREE PARK; iGNER PARK; ;..LOW BRICK SCHOOL PARK; '► GRANDE TRAIL; OETERY LANE; I DEBT TO CONSIST OF THE ISSUANCE AYMENT OF SALES TAX REVENUE BONDS, LE FROM THE EXISTING ONE PERCENT TAX OF THE CITY DEPOSITED TO THE AND OPEN SPACE FUND OF THE CITY; i BONDS SHALL BEAR INTEREST AND RE, BE SUBJECT TO REDEMPTION, WITH �TTHOUT A PREMIUM, AND BE ISSUED, > AND SOLD AT SUCH TIME OR TIMES, AT PRICES (AT, ABOVE OR BELOW PAR) AND iCH MANNER AND CONTAINING SUCH S, NOT INCONSISTENT HEREWITH, AS ''ITY COUNCIL MAY DETERMINE; AND . ANY EARNINGS (REGARDLESS OF ANT) FROM THE INVESTMENT OF THE "BEDS OF SUCH BONDS CONSTITUTE A Z-APPROVED REVENUE CHANGE? iTION NO. 2 - AUTHORIZATION TO JD THE EXISTING .45% AFFORDABLE NG AND DAY CARE SALES TAX: L THE ;,.t...' OF ASPEN .45% SALES TAX URIZE►-RDINANCE No. 81, SERIES OF 3ARMAI FOR AFFORDABLE HOUSING )AY CAkr., BE EXTENDED BEYOND ITS ,NT EXPIRATION DATE OF JUNE 30, 2000, VE 30, 2010, (THE MAXIMUM AMOUNT TO LLECTED IN 2000 FROM THE EXTENSION E .45% SALES TAX, AS CALCULATED, IS ,000.00)? TION NO. 3 - EXPANSION OF TRUSCOTT AFFORDABLE HOUSING PROJECT: the City of Aspen be authorized to sell or into a long term lease with the Pitkin County Housing Authority for up :res of the dirt storage area immediately nt to the Truscott Place Affordable ig site for the expansion of the current Ott Place Affordable Housing? POLLING PLACES icts 1 - Pitkin County Library, 120 N. Mill ict 2 & 4 - Aspen Youth Center, 455 Rio Place acts 5, 6, 7, 9 - Christ Episcopal Church, rth Street actor is qualified if he or she is eighteen :ars of age, a citizen of the United States, or she has resided in the state of Jo and City of Aspen, thirty (30) days iately preceding this election, and has red to vote. electors who are otherwise fully quail - vote on said questions at such election, o are or will be unable to appear at the place on the date of the election may n-writing or in person at the office of the erk, at the Aspen City Hall, 130 South on or before April 30, 1999. •otes cast shall be recorded on voting ,e and said election shall be held, con- and the returns thereof shall be �d, canvassed and declared, as nearly as in the manner prescribed by law for the election of municipal officers. rNESS WHEREOF, the City Council has this r to be given as of this 20th ►99. Kathryn S. Koch, City Clerk ed in The Aspen Times April 24 and May (38985) PUBLIC NOTICE . ROPOSED ASPEN/PITKIN COUNTY IOUSING OFFICE 1999 GUIDELINES )F ASPEN/PITKIN COUNTY, COLORADO spen/Pitkin County 1999 Affordable I Guidelines are ready for adoption and ?roval. The schedule for the hearings are Ys: a Finn lct 2r�d.RdcF :v in The Aspen Times May 1, 1999. PUBLIC NOTICE PLEASE TAKE NOTICE: That the Board of County Commissioners of Pitkin County, Colorado, at its regular meeting on April 14, 1999, and after a duly -noticed public hearing, adopted the follow- ing Ordinance: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO, GRANTING APPROVAL ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO, APPROVING AN AMENDMENT TO SECTION 3-40-110, RS-20/PUD AND RS-30/PUD ZONE DISTRICTS, TO ALLOW "ARTS AND CRAFTS STUDIOS" AS A SPECIAL REVIEW USE ORDINANCE #99- Notice of Public Hearing published in The Aspen Times on the 27th day of March, 1999. Copies of the full text of the Ordinance are avail- able for public inspection during regular office hours in the office of the Clerk and Recorder, 530 E. Main St., Aspen, Colorado 81611. Phone: (970) 920-5180. Jeanette Jones, Deputy County Clerk Published in The Aspen Times on May 1, 1999. PUBLIC NOTICE NOTICE IS HEREBY GIVEN TO THE GENERAL PUBLIC: On March 24,1999 the Board of County Commissioners of Pitkin County, Colorado, adopted Resolution 99.60 granting approval for the Alderman 1041 hazard review and general submission. The subject property is located across Highway 133 from the Crystal River Country Estates being part of Section 16, Township 9 South, Range 88 West of the Sixth Principal Meridian. This approval of a site spe- cific development plan includes a vested prop- erty right pursuant to Title 24, Article 68, CRS.. Jeanette Jones, Deputy County Clerk Published in The Aspen Times on May 1, 1999. PUBLIC NOTICE NOTICE IS HEREBY GIVEN TO THE .GENERAL PUBLIC: On April 14,1999 the Board of County Commissioners of Pitkin County, Colorado, adopted Resolution 99-71 granting approval for the reinstatement of vested real property rights to Daniel Christmas. The subject property is located adjacent to Redstone Ranch Acres Subdivision more specifically described as a parcel of land situated in the SWl/4 of Section 29, and the N1/2 of the NWI/4 of Section 32, Township 10 South, Range 88 West of the Sixth Principal Meridian. This approval of a site spe- cific development plan includes a vested prop- erty right pursuant to Title 24, Article 68, CRS. Jeanette Jones, Deputy County Clerk Published in The Aspen Times on May 1, 1999. PUBLIC NOTICE NOTICE IS HEREBY GIVEN to the general public that on April 20, 1999 the Hearing Officer of Pitkin County granted approval for the 1041 Hazard Review and Scenic Overlay application for the 408 West Reds Road, LLC property referred to as 408 West Reds Road, and described as Lots 4 & 5, Block 1, Red Mountain Subdivision and Parcel B, a tract of land in the NE 1/4SE 74of Section 1, Township 10 South, Range 8 5 West of the 6 6th PM. In addition the applicant was granted a minor plat amendment to remove the lot line between Lots_4 & 5 which the proposed residence would straddle. This site specific development plan grants a vested property right pursuant to Title 24, Article 68, Colorado Revised Statutes. S/Lance Clarke Pitkin County Hearing Officer Pitkin County, Colorado Published in The Aspen Times on May 1, 1999. PUBLIC NOTICE NOTICE IS HEREBY GIVEN to the general public that -on April 23,1999, the Community Development Director of Pitkin County granted approval for the 1041 Hazard Review Amendment application for the Porath property located on a tract of land in the Northeast 1/4 of Section 7, Township 10 South, Range 84 West of the Sixth Principal Merdlan. This site specific development plan grants a vested property right pursuant to Title 24, Article 68, Colorado Revised Statutes. s/Lance Clarke for Cindy Houben Community Development Director Pitkin County, Colorado Published in The Aspen Times May 1, 1999. PUBLIC NOTICE NOTICE IS HEREBY GIVEN to the general public that on April 20,1999 the Hearing Officer of Pitkin County granted approval for the Scenic County Assessor Published in The Aspen Times May 1, 1999. PUBLIC NOTICE CITY OF ASPEN LAND USE CODE TEXT NDMENTS: LODGE PRESERVATION PRO - NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, May 18, 1999, at a meet- Ing to begin at 4:30 p.m. before the Aspen Planning and Zoning Commission, Sister Cities Meeting Room, City Hall, 130 So. Galena St., Aspen, to consider an application submitted by the City of Aspen Community Development Department requesting .adoption of a revised 'Lodge Preservation Program for properties des- ignated with a Lodge Preservation (LP) Zoning Overlay. The proposed code amendments would affect the following Sections of the Municipal Code: 26.04. 100 - Definitions; 26.28.320 - Lodge Preservation Overlay (LP) Zone District; 26.32 - Off -Street Parking; and, 26. 100 - Growth Management Quota System. These Sections relate to Sections 26.104, 26.710.320, 26.515, and 26.470, respectively, of the reorganized land use code currently under formal review. The proposed code amendments would create a growth management exemption process for lodges in this zone district to expand or redevelop, allow all dimensional requirements of the property, including parking, to be established pursuant the Planned Uni Development (PUD) process, and redefine th "lodge" definition to occupancy periods of on month or less. For further information, contac Chris Bendon at the Aspen/Pitkin Community Development Department, 130 S. Galena St., Aspen, CO (970) 9205072, chrisb@ci.aspen.co.us. s/Bob Blaich, Chair IF Aspen Planning and Zoning Commission Published in the Aspen Times on May 1, 1999. PUBLIC NOTICE _' CITY OF ASPEN LAND USE CODE TEXT AMENDMENT: MINOR PLANNED UNIT DEVEL- OPMENT (PUD) REVIEW. NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, May 18, 1999, at a meet- ing to begin at 4:30 p.m, before the Aspen Planning and Zoning Commission, Sister Cities Meeting Room, City Hall, 130 So. Galena St., Aspen, to consider an application submitted by the City of Aspen Community Development Department requesting adoption of a Minor Planned Unit Development (PUD) Review process. The proposed code amendment would affect Section 26.84 - Planned Unit Development (PUD) - of the Municipal Code, which relates to Section 26.445 of the re -organized land use code currently under formal review. The proposed code amendment would allow for a simpler and shorter land use review for properties in the Lodge Preservation Program, designated with a Lodge Preservation (LP) Zoning Overlay. For fur- ther information, contact Chris Bendon at the Aspen/Pitkin Community Development Department, 130 S. Galena St., Aspen, CO, (970) 920-5072, chrisb@ci.aspen.co.us. s/Bob Blaich, Chair � Aspen Planning and Zoning Commission Published in The Aspen Times on May 1, 1999. PUBLIC NOTICE NOTICE TO CREDITORS ESTATE OF OLIVE N. MAROLT Probate No. 98 PR 40, Division 3 All persons having claims against the above - named estate are required to present them to OLIVE N. MAROLT or to the District Court of Pitkin County, Colorado, on or before August 23, 1999, or said claims may be forever barred. Maxwell S. Marolt c/o OATES, KNEZEVICH & GARDENSWARTZ, P. C. Attention: Richard A. Knezevich, Esq. Attorneys for Personal Representative 533 East Hopkins Avenue,•3rd Floor Aspen, Colorado 81611 (970) 920-1700 Published in The Aspen Times April 24, May 1, 8, and 15, 1999. (38960) . PUBLIC NOTICE NOTICE OF FINAL PAYMENT Notice is hereby given that the Board of County Commissioners of Pitkin County, Colorado , hereinafter the "Board," shall make final settle- ment for the work contracted to be done on the project known as the Health and Human Services HVAC and the Airport HVAC Projects - hereinafter the "Project," to Marla Custom Sheet Metal, Inc. hereinafter the "Contractor," on May 10, 1999. Any person, co -partnership, association of per- sons, company or corporation that has fur- nished labor, materials, team hire, sustenance, provisions, provender, or other supplies used or consumed by the Contractor or his suhccntrr c- t1JJ Vl.lQllvll, 111C Uw11C1 V1 111C C.V1UC111;C U1 UCUI secured by the Deed of Trust described herein, has filed written election and demand for sale as provided by law and in said Deed of Trust. THEREFORE, Notice Is Hereby Given that I will, at 10:00 o'clock in the forenoon of Wednesday, May 26, 1999, at the South front door, Pitkin County Courthouse, 506 East Main, Aspen, Colorado, sell at public auction to the highest and best bidder for cash, the said real property and all interest of the said Grantor(s), Grantor(s)' heirs and assigns therein, for the purpose of paying the indebtedness provided in said Evidence of Debt secured by the Deed of Trust, plus attorneys' fees, the expenses of sale and other items allowed by law, and will deliver to the purchaser a Certificate of Purchase, all as provided by law. THE LAW FIRM OF CASTLE, BARRETT, DAFFiN & FRAPPIER, LLC IS ACTING AS A DEBT COL- LECTOR AND IS ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. Dated: April 6, 1999 Thomas Carl Oken, Public Trustee in and for the County of Pitkin, Colorado. By Carol L. Foote First Publication: April 17, 1999 Last Publication May 15, 1999 Name of publication: The Aspen Times Attorney: Castle, Barrett, Daffin & Frappier, LLC Caren Jacobs Castle 1099 18th - Suite 2300 Denver, Colorado 80202 (303) 296-5251 EXHIBIT A A parcel land, as shown an Tract B on the Exemption Plat thereof recorded in Book 7 at page 19, located in Section 2, Townshipll South, Range 85 West Of the 6th Principal ,Meridian and being part of H.E.S. No. 112. Said Parcel is fully described as follows: Beginning a point whence Corner No. 1 of H.E.S. 112 bears N. 21*24' E. 919.50 feet; thence N. 71°57' W. 31.41 feet; thence N. 29*47' W. 60.56 feet; thence N. 9°34' W.159.44 feet; thence N. 7'38' E. 88.83 feet; thence N.11°29' W.118.91 feet; thence S. 71*57' E. 223.60 feet; thence S. 21*06' -W. 85.00 feet; thence S. 7*37' W.176.00 feet; thence S. 0*14' E. 85.00 feet; thence S. 75°12' W. 62.72 feet to the point of beginning. County of Pitkin, State of Colorado Published in The Aspen Times April 17, 24, May 1, 8, 15, 22 1999. (38579) PUBLIC NOTICE ORDINANCE NO. 15 Series of 1999 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, AUTHORIZING THE EXECUTION AND DELIVERY OF AN INSTALLMENT PURCHASE AGREEMENT BETWEEN KANSAS STATE BANK OF MANHATTAN AND THE CITY OF ASPEN. WHEREAS, the City Council hereby finds and determines that the execution and delivery of an installment purchase agreement dated as of March 31, 1999, between Kansas State Bank of Manhattan and the City of Aspen is appropriate and necessary to the function and operations of the City of Aspen; and WHEREAS, the obligation of the City of Aspen to make payments under the installment pur- chase agreement shall be from year to year only; shall constitute currently budgeted expendi- tures of the City of Aspen; shall not constitute a mandatory charge or requirement in any ensu- ing budget year; and shall not constitute a gen- eral obligation or a multiple fiscal year or indi- rect debt or other financial obligation whatsoev- er of the City of Aspen within the meaning of any constitutional or statutory limitation or require- ment concerning the creation of indebtedness, nor a mandatory payment obligation of the City of Aspen in any ensuing fiscal year beyond any fiscal year during which the installment pur- chase agreement shall be in effect; and WHEREAS, the installment purchase agreement shall not directly or indirectly obligate the City of Aspen to make any payments beyond those appropriated for any fiscal year during which the installment purchase agreement shall be in effect. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF. THE CITY OF ASPEN, COL- ORADO: Section 1. That the City Council has determined that a true and very real need exists for the construction of improvements described in Exhibit A of the Installment Purchase Agreement dated as of -March 31, 1999, between the City of Aspen and Kansas State Bank of Manhattan. Section 2. That the City Council has determined that the Agreement, substantially in the form presented to this meeting, is in the best interests of the City of Aspen for the acquisition of such T OF $24,100,000.00, (BUT WITH NO :EASE IN THE CITY'S EXISTING TAXES), FOR PURPOSE OF CONSTRUCTING AND LOVING CERTAIN CITY RECREATIONAL AND C FACJ' " INCLUDING, BUT NOT LIM1T- ,0: :ONS1 JN OF A SWIMMING POOL AT IN PARK; :ONSTRUCTION OF A NEW CLUBHOUSE, -SHOP, NORDIC CENTER, AND RESTAURANT 'HE CITY'S MUNICIPAL GOLF COURSE; ENOVATION OF THE CITY'S EXISTING ICE C AT THE ICE GARDEN; AND ONSTRUCTION AND RENOVATION OF BASE- L/SOFTBALL FIELDS, TENNIS COURTS, BAa.S- BALL COURTS, TRAILS AND PEDESTRIAN .KWAYS, ANCILLARY PARKING FACILITIES, DSCAPING, AND RELATED IMPROVEMENTS ,OUGHOUT THE CITY PARK SYSTEM .UDING: SELIN PARK; dOORE PLAYING FIELDS; PHE ASPEN SCHOOL DISTRICT CAMPUS; I'LUM TREE PARK; WAGNER PARK; (ELLOW BRICK SCHOOL PARK; UO GRANDE TRAIL; :EMETERY LANE; CH DEBT TO CONSIST OF THE ISSUANCE ) PAYMENT OF SALES TAX REVENUE BONDS, ABLE FROM THE EXISTING ONE PERCENT ES TAX OF THE CITY DEPOSITED TO THE I'XS AND OPEN SPACE FUND OF THE CITY; ICH BONDS SHALL BEAR INTEREST AND TURE, BE SUBJECT TO REDEMPTION, WITH WITHOUT A PREMIUM, AND BE ISSUED, I'ED AND SOLD AT SUCH TIME OR TIMES, AT ';H PRICES (AT, ABOVE OR BELOW PAR) AND SUCH MANNER AND CONTAINING SUCH 'iMS, NOT INCONSISTENT HEREWITH, AS CITY COUNCIL MAY DETERMINE; AND ALL ANY EARNINGS (REGARDLESS OF OUNT) FROM THE INVESTMENT OF THE )CEEDS OF SUCH BONDS CONSTITUTE A TER -APPROVED REVENUE CHANGE? JFSTION NO. 2 - AUTHORIZATION TO TEND THE EXISTING .45% AFFORDABLE USING AND DAY CARE SALES TAX: IALL THE' r'[TY OF ASPEN .45% SALES TAX �THORr ORDINANCE No. 81, SERIES OF 9, EAR -D FOR AFFORDABLE HOUSING D DAY t,tu.E, BE EXTENDED BEYOND ITS RRENT EXPIRATION DATE OF JUNE 30, 2000, JUNE 30, 2010, (THE MAXIMUM AMOUNT TO COLLECTED IN 2000 FROM THE EXTENSION THE .45% SALES TAX, AS CALCULATED, IS 200,000.00)? UESTION NO. 3 - EXPANSION OF TRUSCOTT kCE AFFORDABLE HOUSING PROJECT: call the City of Aspen be authorized to sell or :er into a long term lease with the )en/Pitkin County Housing Authority for up 3 acres of the dirt storage area immediately acent to the Truscott Place Affordable using site for the expansion of the current iscott Place Affordable Housing? POLLING PLACES ,ecincts 1 - Pitkin County Library, 120 N. Mill •ecinct 2 & 4 - Aspen Youth Center, 455 Rio rode Place �ecincts 5, 6, 7, 9 - Christ Episcopal Church, i North Street i elector is qualified if he or she is eighteen ) years of age, a citizen of the United States, f he or she has resided in the state of forado and City of Aspen, thirty (30) days nediately preceding this election, and has istered to vote. lose electors who are. otherwise fully I to vote on said questions at such ele who are or will be unable to appear a ling place on the date of the election )ly in,writingor in person at the office o y Clerk, at the Aspen City Hall, 130 S ena; on or before April 30, 1999. ie votes cast shall be recorded on v chine and said election shall be held, -ted and the returns thereof shall urned,canvassed and declared, as near y be in the manner prescribed by law fo feral election of municipal officers. WITNESS WHEREOF, the City Council ised tb;- --)tfce to be given as of this di 19? quali- ction, t the may f the outh oting con- be ly as r the has 20th Kathryn S. Koch, City Clerk dished in The Aspen Times April 24 and May 999. (38985) PUBLIC NOTICE PROPOSED ASPEN/PITKIN COUNTY HOUSING OFFICE 1999 GUIDELINES TY OF ASPEN/PITKIN COUNTY, COLORADO e Aspen/Pitkin County 1999 Affordable using Guidelines are ready for adoption and d approval. The schedule for the hearings are follows: ranization 1st 2ndRdg. & Telephone (970) 925-2102. Published in The .Aspen Times May 1, 1999. PUBLIC NOTICE PLEASE TAKE NOTICE: That the Board of County Commissioners of Pitkin County, Colorado, at its regular meeting on April 14, 1999, and after a duly -noticed public hearing, adopted the follow- ing Ordinance: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO, GRANTING APPROVAL ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO, APPROVING AN AMENDMENT TO SECTION 3-40-110, RS-20/PUD AND RS-30/PUD ZONE DISTRICTS, TO ALLOW "ARTS AND CRAFTS STUDIOS" AS A SPECIAL REVIEW USE ORDINANCE #99- Notice of Public Hearing published in The Aspen Times on the 27th day of March, 1999. Copies of the full text of the Ordinance are avail- able for public inspection during regular office hours in the office of the Clerk and Recorder, 530 E. Main St., Aspen, Colorado 81611. Phone: (970) 920-5180. Jeanette Jones, Deputy County Clerk Published in The Aspen Times on May 1, 1999. PUBLIC NOTICE NOTICE IS HEREBY GIVEN TO THE GENERAL PUBLIC: On March 24,1999 the Board of County Commissioners of Pitkin County, Colorado, adopted Resolution 99-60 granting approval for the Alderman 1041 hazard review and general submission. The subject property is located across Highway 133 from the Crystal River Country Estates being part of Section 16, Township 9 South, Range 88 West of the Sixth Principal Meridian. This approval of a site spe- cific development plan includes a vested prop- erty right pursuant to Title 24, Article 68, CRS. Jeanette Jones, Deputy County Clerk Published in The Aspen Times on May 1, 1999. PUBLIC NOTICE NOTICE IS HEREBY GIVEN TO THE .GENERAL PUBLIC: On April 14,1999 the Board of County Commissioners of Pitkin County, Colorado, adopted Resolution 99-71 granting approval for the reinstatement of vested real property rights to Daniel Christmas. The subject property is located adjacent to Redstone Ranch Acres Subdivision more specifically described as a parcel of land situated in the SW1/4 of Section 29, and the N1/2 of the NWI/4 of Section 32, Township 10 South, Range 88 West of the Sixth Principal Meridian. This approval of a site spe- cific development plan includes a vested prop- erty right pursuant to Title 24, Article 68, CRS. Jeanette Jones, Deputy County Clerk Published in The Aspen Times on May 1, 1999. PUBLIC NOTICE NOTICE IS HEREBY GIVEN to the general public that on April 20, 1999 the Hearing Officer of Pitkin County granted approval for the 1041 Hazard Review and Scenic Overlay application for the 408 West Reds Road, LLC property referred to as 408 West Reds Road, and described as Lots 4 & 5, Block 1, Red Mountain Subdivision and Parcel B, a tract of land in the NE 1/4SE '/4of Section 1, Township 10 South, Range 8 5 West of the 6 6th PM. In addition the applicant was granted a minor plat amendment to remove the lot line between Lots_4 & 5 which the proposed residence would straddle. This site specific development plan grants a vested property right pursuant to Title 24, Article 68, Colorado Revised Statutes. S/Lance Clarke Pitkin County Hearing Officer Pktkfn County, Colorado Published in The Aspen Times on May 1, 1999. PUBLIC NOTICE NOTICE IS HEREBY GIVEN to the general public that -on April 23,1999, the Community Development Director of Pitkin County granted approval for the 1041 Hazard Review Amendment application for the Porath property located on a tract of land in the Northeast 1/4 of Section 7, Township 10 South, Range 84 West of the Sixth Principal Merdian.-This site specific development plan grants a vested property right pursuant to Title 24, Article 68, Colorado Revised Statutes. s/Lance Clarke for Cindy Houben Community Development Director Pitkin County, Colorado Published in The Aspen Times May 1, 1999. PUBLIC NOTICE NOTICEIS HEREBY GIVEN to the general public that on April 20,1999 the Hearing Officer of Pitkin County granted approval for the Scenic Overlav and Ridzehne ReAew apolication for is, rsjy. -_ - - - - -ime troy rim reuerai oaviugb a a a.a / � LD �E j, a'ssociation, the owner of the Evidence of Debt �C oun Assess_ o��secured by the Deed of Trust described herein, Published in The Aspen Times May 1, 1999. has filed written election and demand for sale as op PUBLIC NOTICE RE: CITY OF ASPEN LAND USE CODE TEXT AMENDMENTS: LODGE PRESERVATION PRO- GRAM. NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, May 18, 1999, at a meet- Ing to begin at 4:30 p.m. before the Aspen Planning and Zoning Commission, Sister Cities Meeting Room, City Hall, 130 So. Galena St., Aspen, to consider an application submitted by the City of Aspen Community Development Department requesting adoption of a revised Lodge Preservation Program for properties des- Ignated with a Lodge Preservation (LP) Zoning Overlay. The proposed code amendments would affect the following Sections of the Municipal Code: 26.04. 100 - Definitions; 26.28.320 - Lodge Preservation Overlay (LP) Zone District; 26.32 - Off -Street Parking; and, 26. 100 - Growth Management Quota System. These Sections relate to Sections 26.104, 26.710.320, 26.515, and 26.470, respectively, of the reorganized land use code currently under formal review. The proposed code amendments would create a growth management exemption process for lodges in this zone district to expand or redevelop, allow all dimensional requirements of the property, including parking, to be established pursuant the Planned Unit Development (PUD) process, and re define the "lodge" definition to occupancy periods of one month or less. For further information, contact Chris Bendon at the Aspen/Pitkin Community Development Department, 130 S. Galena St., Aspen, . CO (970) 9205072, chrisb@ci.aspen.co.us. s/Bob Blaich, Chair i� Aspen Planning and Zoning Commission Published in the Aspen Times on May 1, 1999. no PUBLIC NOTICE a RE: CITY OF ASPEN LAND USE CODE TEXT AMENDMENT: MINOR PLANNED UNIT DEVEL- OPMENT (PUD) REVIEW. NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, May 18, 1999, at a meet- ing to begin at 4:30 p.m. before the Aspen Planning and Zoning Commission, Sister Cities Meeting Room, City Hall, 130 So. Galena St., Aspen, to consider an application submitted by the City of Aspen Community Development Department requesting adoption of a Minor Planned Unit Development (PUD) Review process. The proposed code amendment would affect Section 26.84 - Planned Unit Development (PUD) - of the Municipal Code, which relates to Section 26.445 of the re -organized land use code currently under formal review. The proposed code amendment would allow for a simpler and shorter land use review for properties in the Lodge Preservation Program, designated with a Lodge Preservation (LP) Zoning Overlay. For fur- ther. information, contact Chris Bendon at the Aspen/Pitkin Community Development Department, 130 S. Galena St., Aspen, CO, (970) 920-5072, chrisb@ci.aspen.co.us. s/Bob Blaich, Chair Aspen Planning and Zoning Commission Published in The Aspen Times on May 1, 1999. PUBLIC NOTICE NOTICE TO CREDITORS ESTATE OF OLIVE N. MAROLT Probate No. 98 PR 40, Division 3 All persons having claims against the above - named estate are required to present them to OLIVE N. MAROLT or to the District Court of Pitkin County, Colorado, on or before August 23, 1999, or said claims may be forever barred. Maxwell S. Marolt c/o OATES, KNEZEVICH & GARDENSWARTZ, P. C. Attention: Richard A. Knezevich, Esq. Attorneys for Personal Representative 533 East Hopkins Avenue,•3rd Floor Aspen, Colorado 81611 (970) 920-1700 Published in The Aspen Times April 24, May 1, 8, and 15, 1999. (38960) PUBLIC NOTICE NOTICE OF FINAL PAYMENT Notice is hereby given that the Board of County Commissioners of Pitkin County, Colorado , hereinafter the "Board," shall make final settle- ment for the work contracted to be done on the project known as the Health and Human Services HVAC and the Airport HVAC Projects hereinafter the "Project," to Marla Custom Sheet Metal, Inc. hereinafter the "Contractor," on May 10, 1999. Any person, co -partnership, association of per- sons, company or corporation that has fur- nished labor, materials, team hire, sustenance, provisions, provender, or other supplies used or consumed by the Contractor or his subcontrac- provided by law and in said Deed of Trust. THEREFORE, Notice Is Hereby Given that I will, at 10:00 o'clock in the forenoon of Wednesday, May 26, 1999, at the South front door, Pitkin County Courthouse, 506 East Main, Aspen, Colorado, sell at public auction to the highest and best bidder for cash, the said real property and all interest of the said Grantor(s), Grantor(s)' heirs and assigns therein, for the purpose of paying the indebtedness provided in said Evidence of Debt secured by the Deed of Trust, plus attorneys' fees, the expenses of sale and other items allowed by law, and will deliver to the purchaser a Certificate of Purchase, all as provided by law. THE LAW FIRM OF CASTLE, BARRETT, DAFFIN & FRAPPIER, LLC IS ACTING AS A DEBT COL- LECTOR AND IS ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. Dated: April 6, 1999 Thomas Carl Oken, Public Trustee in and for the County of Pitkin, Colorado. By Carol L. Foote First Publication: April 17, 1999 Last Publication May 15, 1995 Name of publication: The Aspen Times Attorney. Castle, Barrett, Daffin & Frappier, LLC Caren Jacobs Castle 1099 18th - Suite 2300 Denver, Colorado 80202 (303) 296-5251 EXHIBIT A A parcel land, as shown an Tract B on the Exemption Plat thereof recorded in Book 7 at page 19, located in Section 2, Townshipll South, Range 85 West Of the 6th Principal Meridian and being part of H.E.S. No. 112. Said Parcel is fully described as follows: Beginning a point whence Corner No. 1 of H.E.S. 112 bears N. 21*24' E. 919.50 feet; thence N. 71*57' W. 31.41 feet; thence N. 29*47' W. 60.56 feet; thence N. 9*34' W.159.44 feet; thence N. 7*38' E. 88.83 feet; thence N.11°29' W.118.91 feet; thence S. 71°57' E. 223.60 feet; thence S. 21*06' W. 85.00 feet; thence S. 7*37' W.176.00 Jeet; thence S. 0°14' E. 85.00 feet; thence S. 75°12' W. 62.72 feet to the point of beginning. County of Pitkin, State of Colorado Published in The Aspen Times April 17, 24, May 1, 8, 15, 22 1999. (38579) PUBLIC NOTICE ORDINANCE NO. 15 Series of 1999 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, AUTHORIZING THE EXECUTION AND DELIVERY OF AN INSTALLMENT PURCHASE AGREEMENT BETWEEN KANSAS STATE BANK OF MANHATTAN AND THE CITY OF ASPEN. WHEREAS, the City Council hereby finds and determines that the execution and delivery of an installment purchase agreement dated as of March 31, 1999, between Kansas State Bank of Manhattan and the City of Aspen is appropriate and necessary to the function and operations of the City of Aspen; and WHEREAS, the obligation of the City of Aspen to make payments under the installment pur- chase agreement shall be from year to year only-, shall constitute currently budgeted expendi- tures of the City of Aspen; shall not constitute a mandatory charge or requirement in any ensu- ing budget year; and shall not constitute a gen- eral obligation or a multiple fiscal year or indi- rect debt or other financial obligation whatsoev- er of the City of Aspen within the meaning of any constitutional or statutory limitation or require- ment concerning the creation of indebtedness, nor a mandatory payment obligation of the City of Aspen in any ensuing fiscal year beyond any fiscal year during which the installment pur- chase agreement shall be in effect; and WHEREAS, the installment purchase agreement shall not directly or indirectly obligate the City of Aspen to make any payments beyond those appropriated for any fiscal year during which the installment purchase agreement shall be in effect. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF ASPEN, COL- ORADO: Section 1. That the City Council has determined that a true and very real need e:dsts for the construction of improvements described in Exhibit A of the Installment Purchase Agreement dated as of March 31, 1999, between the City of Aspen and Kansas State Bank of Manhattan. Section 2. That the City Council has determined that the Agreement, substantially in the form presented to this meeting, Is in the best interests of the City of Aspen for the acquisition of such -anti tbp Clty Council hereby MEMORANDUM TO: Aspen Planning and Zoning Commission THRU: Julie Ann Woods, Community Development Director Joyce Ohlson, Deputy Director - FROM: Christopher Bendon, Planner RE: 488 Castle Creek Rezoning -- Public Hearing DATE: May 18, 1999 SUMMARY: The owner of 488 Castle Creek Road, Paul Anderson, has applied Unit Development (PUD) overlay zoning designation from his to remove the Planned currently developed with a single-family residence. The City's PUD o acre parcel of land Provide more zoning flexibility but also considers areas of steepslope slo verlay is intended to allowable density accordingly. This slope consideration is unique and reduces the overlay and does not apply to other single-family properties. The slope with a PUD parcel eliminates the possibility of applying for a lot split, limitingthe reduction for this Opportunities to a single-family residence or a duplex with one side deed went development affordable housing. Removing the PUD designation would allow etricted to apply for a Lot Split. the property owner to In 1980, the already developed parcel was annexed into the City R15-A zone district. The PUD overlay was placed on theproperty., of Aspen and rezoned to the Ordinance minutes, to specifically prohibit the ability to s it according to the existence of an employee unit on -site if the roe p of and to ensure the . apparent that the 1980 City Council preferred the mmuniedeveloped as a duplex. It is ty remaining a single-family home or adding one affordable unit over efit of the parcel either free-market lots after a lot split. er the development of two There have been changes in the neighborhood which lend su ort district. However, staff believes changing the zoning to allow mo for a higher density zone be considered when there is a favorable and significant be re development should only affordable housing. Since 1980, changes in the land use code benefit the community —such as lot split applications, have made progress towards that goal but do such as requiring ADU s with benefit to the community. Staff believes any changes to the zoning not represent a permanent associated with a higher degree of community benefit, as required of this parcel should be review or as provided for in the AH1-PUD Zone District. y growth management Staff recommends the Planning and Zoning Commission forward denial to City Council for removing the PUD overlay from this a recommendation of parcel. .APPLICANT: Paul Anderson. LOCATION: 488 Castle Creek Road. (See attached location map in application.) Pp on.) ZONING: Current: R15-A-PUD. (Moderate Density Residential. Proposed: R15-A LOT SIZE: 35,895 square feet. .82 acres. . CURRENT LAND USE: u ne side as an RO is also allowed and provides an exemption Single -Family. (A duplex with o from GMQS•) PROPOSED LAND USE: sibl a future Lot Split to allow two single-family homes or a single - Single -Family. Pos y ' and a duplex . (No development is proposed in this application.) family P PREVIOUS ACTION: The Commission has not previously considered this rezoning request. REVIEW PROCEDURE: Commission shall consider the application at a public Rezoning. The Planning and Zoning a royal, approval with conditions, or denial to City Council. hearing and recommendpP BACKGROUND: ex was anned into the City of Aspen in 1980 and rezoned according to The subject property The minutes from the rezoning are attached. Ordinance 11 Series of 1980- STAFF COMMENTS: ings have b ff Find included as Exhibit A. An analysis 1980 have Review criteria and Stazoning in provided as Exhibit B. City Council minutes from the initialionshave been zoning is p of the R15-A Zone District pr been attached as Exhibit C. A copy included as Exhibit D. The application is attached as Exhibit E. RECOMMENDATION: Council a Staff recom mends the Planning and Zoning Commission forward to City recommendation of denial to remove the PUD designation fort is parcel. ma instruct the Commission to pose the motion in the poitilviotion The City Attorney y yapplication. (re commend approval), even if the desired outcome is to den the makers need not vote consistent with their motion. RECOMMENDED MOTION: Council den this rezoning request to rezone this property, 48 "I move to recommend City S-A-PUD o R15-A." Castle Creek Road, from R ATTACHMENTS: Exhibit A -- Review Criteria and Staff [Coamments Exhibit B -- Zoning Analysis and Summary Exhibit C -- 1980 Rezoning Minutes Exhibit D -- R15-A Zone District provisions Exhibit E -- Application 2 EXHIBIT A 488 CASTLE CREEK STAFF COMMENTS: 488 Castle Creek 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 proposed' zoning is consistent with the Land Use Code and does not represent any potential conflicts. The removal of the PUD designation removes the slope reduction for density. This allows the lot to be split, if so desired. Under the Lot Split scenario, two single-family residences or one single-family and one duplex could be constructed. The development would be required to mitigate for affordable housing pursuant to the GMQS exemption provisions. The parcel was annexed into the City in 1980 and provided with the current zoning including. the PUD overlay. The minutes from the zoning_ hearing include discussion about the PUD overlay. This overlay was specifically included to prohibit a Lot Split while still allowing for a duplex with one side deed restricted to affordable housing as provided for in R15-A. B. Whether the proposed amendment is consistent with- all elements of the Aspen Area Comprehensive Plan. Staff Finding: The 1993 AACP does not identify this parcel in any specific way, nor does the 1998 AACP (draft). The update of the AACP, now being considered, is contemplating several urban growth area designations generalizing areas where more or less density of development is appropriate. For example: the downtown core is most appropriate for density while outlying properties with little or no infrastructure are not appropriate for this same level of development. Generally, the subject property is within the proposed growth areas being considered designating this property suitable for moderate density development. C. Whether the proposed amendment is compatible with surrounding zone districts and land uses, considering existing land use and neighborhood characteristics. Staff Finding: Surrounding the site is the public hospital, high -density residential, and seasonal dormitory housing. The parcel could conceivably be appropriate for a higher density zone district than is being proposed although there are several site constraints which could complicate the site planning of a high density residential project. The level of development allowed with this zoning is consistent with the availability of services in the area and with the development patterns of the surrounding area. The removal of the PUD designation does not change the parcel's consistency with the surrounding neighborhood. Staff Comments 1 D. The effect of the proposed amendment on traffic generation and road safety. Staff Finding: The difference in trip generation capacity between the existing zoning and the proposed zoning is insignificant. If this parcel does redevelop, there may be a preference for combining the driveways to provide one curb cut instead of two. The consideration for combined drives is more appropriate to review with an actual development application and not during this rezoning process. The parcel is on the outside of the road curve and does not have any potential for blind driveways. 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 current zoning allows for a duplex to be constructed on the parcel. The possibility of two single family homes being constructed, therefore, does not represent an increase in the parcel's demands on public services over its current ability to demand those services. F. Whether and the extent to which the proposed amendment would result in significant adverse impacts on the natural environment. Staff Finding: The PUD designation itself does not prohibit the development on the steep slopes. It merely reduces the development potential by virtue of the existence of the steep slopes. The development of a single-family or duplex residence is not required to go through a PUD review and it is unlikely an applicant would voluntarily submit to such a review. If the property were reviewed through the PUD provisions, development located on the steep slopes would probably be discouraged to the extent possible. Considering the above, staff does not consider the removal of the PUD designation a significant potential for adverse impacts upon the natural environment. Significant development of the steep slopes is unlikely in either scenario. Also, the uses allowed remain the same with the removal of the PUD. G. Whether the proposed amendment is consistent and compatible with the community character in the City of Aspen. Staff Finding: The update of the AACP is considering a multi -layered approach in defining the appropriate concentrations of development in Aspen and its environs. The uses and density allowed in the zone district without the PUD designation is consistent with the classifications this parcel is being considered under. The slope reduction for the parcel eliminates the possibility of a Lot Split and reduces the allowable development to either a single-family residence or a duplex with one side as affordable Staff Comments 2 housing. The removal of the PUD overlay will remove this s ability to split the lot and construct two single-family homes lope reduction and provide the The community benefit associated with a lot split home constructed. This is similar to the community is typically an ADU for each single-family reconstruction of the single-family residence —one A benefit associated with demolition and U. a duplex would result in one deed restricted affordable housing the other hand, the development of Category unit or an RO unit. In a more aggressive ing unit. This unit could be a a higher density classification, such as AHg-PUD, and development scenario, rezoning this parcel to housing in association with free-market units could be oproposing several units of affordable neighborhood and represent a significant benefit to the commauible with the surrounding unity. The PUD review process is most effective for considering units, or mixed use types of projects. The PUD process fiexcessive, ificant developments of several the development of a single-family home or a duplex. and hence not required, for H. Whether there have been changed conditions affecting the subject parcel or the surrounding neighborhood which support the proposed amendment. Staff Finding The surrounding area is much more developed than it was w into the City of Aspen. There are high -density develo when the property was first annexed housing project, and the Hospital. There have also been developmentschanges to the land use code. The 1980 discussion surrounding the original zoning associated with two development scenarios: 1) Thedeoncentrated on the community benefit deed restricted to affordable housing; and, 2) the development of a duplex with one side being homes after a lot split. Because it would be inappro riate for of two detached single-family agreement to not seek a lot split (contractual zoning), the pUrDthe applicant to enter into an lot area to less than allowed for two tots prohibiting a t overlay was applied to reduce the preferred the benefits of the parcel either remaining a single Staff assumes the 1980 City Council affordable unit over the development of two free-market otsfamily home or adding one The majority of the above conditions .remain the same today. code in a few ways germane to this application: 1) the affordable side of a duplex on the site The City has amended the land use could be an RO unit — a recent program not available in 1980• a split parcels are required to mitigate for affordable housing nd, 2) new development on lot market dwelling. g typically with one ADU per free - The changes in the neighborhood, one could easily argue, do density zone district. However, changing the zoningto allow more a rezoning to a higher considered when there is a favorable and significant enefit to h re development should only be affordable housing. The changes in the land use code, such as e community —such as progress towards that goal but do not represent a permanent benefitito g ADU's, have made would be inappropriate for the applicant to agree (contractual re he community. And, it occupancy ADU's in association with this rezoning. zoning) to provide mandatory Therefore, because there is no significant communitybenefit not support this rezoning request. to lifting the PUD overlay staff does Staff Comments 3 j. would be in conflict with the public interest, and is in Whether the proposed amendment harmonY with the purpose and intent of this title. Staff 'Findin does not pose any conflicts with the public interest. The This removal of the PUD designation orts the level of development allowed AACP, while not specifically addressing this parcel, motes the purpose and intent of this Title and with this zoning. Staff believes this zone district p is in harmony with the public interest. Staff Comments 4 EXHIBIT B 488 CASTLE CREEK Zoning Analysis: Gross Lot Size: R15-A-PUD 35,895 R15-A Slopes: 0-20% 23 200 35,895 23,200 Slopes: 20=30% III- 1 11111 1 Slopes: 30 - 40% * 5 584 5 584 Slopes: > 40% * 6 000 61000 Lot Area for 25,150 35,895 density Lot Area for FAR. * 26,651 26,651 estimated by planning staff The PUD designation considers site slopes for the purpose of calculating both density and FAR while slopes on non-PUD parcels only reduce FAR. The density reduction of he PUD provisions prohibits this parcel from beinginto two parcels without subdivided rezoning to a higher density zone district or removing the P of a single family home or a duplex does not require adoption designation. Development q pion of a PUD plan. Development Scenarios: R15-A-PUD: The lot can not be split into two parcels. The single-family house can be redeveloped with approximately 5,200 square feet of FAR or with a duplex of approximately 5,620 square feet of FAR provided that one unit of the du l restricted to affordable housing. This second unit can be an RO unit. p ex is deed R15-A: The developer retains the above development options with the same FAR (FAR is reduced for slope regardless of the PUD overlay.) In addition, the developer the lot and develop two houses (each with an ADU) of approximate) 4,675 can split of FAR, or develop one house with an ADU of 4,150 and one duplex of 5,220 square feet of FAR. The duplex is required to contain one affordable housing unit deed res ride feet the Housing Authority's Guidelines. A duplex with one side deed restricted to icted to provides an exemption from GMQS. RO - here were n _ Counc' man Be rendt asked if hlands f they c IS h1ry servic. to ghlands. e �gty woudd dgscontin the da t an Behr i asked if a kee t se he ski son. Fe el sa d h would 1 o Highland 1 r"�d asps u r 'd he ha, talke to ski P ounci an Behrendt the s�k' season time beca e u g buses to ighla ds dn'ring d out t"nis uld b om ilma I�ehrendt POIt of o for seX,vice. ouIL u ting t/a to ,o the ski c p because th are pu hey had no ut a sk Fe el sai system to, le Ski Co r areaus a small us the i c P r :o High n nor d they s d peopl ill Qtiicilm Behren the ;aid at is\pot he issue; t putting duel ca ;k' at Highla and IIighlands i' er money 3 rp is. J' ],I ghland , oncurred Y ds s run ing buses d th skie shoul r' e the Hi Hl hlan bus in night ti Counci a he 1 strongly out a c' Y mountai that rid city I they are skier in tow going to As the c' Ma r E sugges do n pay or the ' -town buse Fen agreed y would O i d disc this p i ular pr em. I service o Highl ds an com ack in the s corp. All in favor, motion carried. ORDINANCE*11, SERIES OF 1980 - Celia Marolt Annexation Mayor Edel opened the public hearing. #11, Series of 1980; seconded by Councilman Councilman Isaac moved to read Ordinance Parry. All in favor, motion carried. ORDINANCE #11 (Series of 1980). ANNEXING A TRACT OF LAND KNOWN NNEXATIONEISAMAROLT ACCOMPLISHEDERTY AN ORDINANCE LOCATED IN PITKIN COUNTY, COLORAADO, WHICH A PURSUANT TO THE PROVISIONS OF THE COLORADO MUNICIPAL ANNEXATION ACT OF 1965 was read by the city clerk Joe Wells, planning office, told Council this pa is 36,000 square feet and the origi as hat al planning office re commendation was to zone it R-15An would There have theeeffectroftelimin- ainst further sub ivisile lot, a duplex would e R-15A without a restriction ag R-15A as a sing square foot parcel, ating possible employee units on the site. on a 36,000 to create permitted with the second unit deed restricted; however, tnecessary in the ecreate 000 square feet necessary units would be permitted ro ert , which is the creation of a second lot would beleefamilyn al Marolt p P Y two units. Only two free market sing pointed out the Op ended R-15A mandatory PUD, and the mandatory PUD designation .lot split had been accomplished. Wells P triggers the slope reduction formula; being annexed, is recommended should apply to this site as well, Mandatory PUD tre lop density to 2ld have sq that steeply sloped'sites are less developable and should have this formula recognizes nati less density potential. The PUD designation The office feels the PUD desig feet which would allow a duplex situation. The p should be added. here is a claim that there might be a ellsbansweredandit lthis has not Councilman Behrendt said t resenting the ing at this time and asked if st enantsaff harecnotkin town. Lennie Oates, rep been checked out because the t duplex; it is not set up like th beenlied to the adjacent site for the sa � applicant, told Council this has never been used as a up Ms. Smith told Council I Wells told Council the PUD designation has appliedtothis site. I reasons the planning office would like it app so t a Ithe applicant felt there were some adthol had recommended R-1.5p,with restrictdion against subdivision of the ot, 1 the P & Z h the same. Oates said l) the effect is basically Their zoning request was R-15A w of coming into the city at the R-15 designation. mmended zoning as long as there was a contract arrangement so that 1; the PUD. P & Z reco Oates said he would like to have the right to come back an( there was not a lot split. division process; however, he agreedould treferavail to leaveordinance this3unanne: I go through the sub the lannin office w P automatic lot split- etlthesbenefit of the employee unit. if the city does not g to apply to one site in a zone s City At Stock said he felt it was inappropriate1 to all sites within the zone. and different to it and not app Y thing which is unique be subject to challenge. Stock recommended R-15A/PUD. Councilma restrict R-15A would o with planning office and attorneys recommenda Isaac said he felt the Council should g to adopt Ordinance �11, Series of 1980e,aco ncilmembers Coed with llin! Councilman Isaac moved e• Motion � in Section 2; seconded by Councilman Van eesBehrendt,cnay;vMayor Edel, ay 4 Parr aye; Van Ness, aye; Isaac, ay I nay; Y� carried. EXHIBIT D 488 CASTLE CREEK 26.28.060 Moderate -Density Residential (R-15A). A. Purpose. The purpose of the Moderate -Density Residential (R-15A) zone district is to provide areas for long term residential purposes with customary accessory uses. Recreational and institutional uses customarily found in proximity to residential uses are included as conditional uses. Lands in the Moderate -Density Residential (R-15A) zone district are similarly situated to those in the Moderate -Density Residential (R-15) zone district and are lands annexed from Pitkin County from zone districts in which duplexes are a prohibited use. B. Permitted uses. The following uses are permitted as of right in the Moderate -Density Residential (R-15A) zone district. 1. Detached residential dwelling; 2. Duplex, provided fifty (50) percent of the duplex units are restricted to affordable housing; 3. Farm buildings and use, provided that all such buildings and storage areas are located at least 100 feet from pre-existing dwellings on other lots; 4. Home occupations; 5. Accessory buildings and uses; and 6. For properties which contain a historic landmark: two detached residential dwellings on a lot within a minimum lot size of thirteen thousand (13,000) square feet. C. Conditional uses. The following uses are permitted as conditional uses in the Moderate - Density Residential (R-15A) zone district, subject to the standards and procedures established in Chapter 26.60. 1. Open use recreation site; 2. Public and private academic school; 3. Church; 4. Group home; 5. Day care center; 6. Museum; and 7. Accessory dwelling units meeting the provisions of Section 26.40.090. D. Dimensional requirements. The following dimensional requirements shall apply to all permitted and conditional uses in the Moderate -Density Residential (R-15A) zone district. 1. Minimum lot size (square feet): 15,000. For lots created by section 28.66.030(A)(5) of this Code, Historic Landmark Lot Split: 3,000. 2. Minimum lot area per dwelling unit (square feet): Detached residential dwelling: 15,000 Duplex: A duplex may be developed on a lot of 15,000 square feet that was subdivided as of April 28, 1975. Otherwise the duplex must be developed with a minimum lot area of 10,000 square feet per dwelling unit, unless the property contains a historic landmark, in which case two detached residential- dwellings may be developed with a minimum of 6,500 square feet per unit. 3. Minimum lot width (feet): 75. For lots created by section 26.88.030(A)(5) of this Code, Historic Landmark Lot Split: 30. 4. A minimum front yard (feet): Residential dwelling: 25 Accessory buildings and all other buildings: 30 5. Minimum side yard (feet): 10 6. Minimum rear yard (feet): All buildings except residential dwellings and accessory buildings: 20 Residential dwellings: 10 Accessory buildings: 5 7. Maximum height (feet): 25 8. Minimum distance between principal and accessory buildings (feet): 10 9. Percent of open space required for building site: No requirement 10. External floor area ratio (applies to conforming and nonconforming lots of record): Lot Size Detached Residential Allowable Square Feet* Dwellings (Square Feet) 0--3,000 80 square feet of floor area for each 100 in lot area, up to a maximum of 2,400 square feet of floor area. 3,000--9,000 2,400 square feet of floor area, plus 28 square feet of floor area for each additional 100 square feet in lot area, up to a maximum of 4,080 square feet of floor area. 9,000--15,000 4,080 square feet of floor area, plus 7 square feet of floor area for each additional 100 square feet in lot area, up to a maximum of 4,500 square feet of floor area. 151000--50,000 4,500 square feet of floor area, plus 6 square feet of floor area for each additional 100 square feet in lot area, up to a maximum of 6,600 square feet of floor area. 50,000+ 6,600 square feet of floor area, plus 2 square feet of floor area for each additional 100 square feet in lot area. Lot Size Duplex (Square Feet) Allowable Square Feet 0--3,000 90 square feet of floor area for each 100 square feet in lot area, up to a maximum of 2,700 square feet of floor area. 3,000--9,000 2,700 square feet of floor area, plus 30 square feet of floor area for each additional 100 square feet in lot area, up to a maximum of 4,500 square feet of floor area. 9,000--15,000 4,500 square feet of floor area, plus 7 square feet of floor area for each additional 100 square feet in lot area, up to a maximum of 4,920 square feet of floor area. 15,000--50,000 4,920 square feet of floor area, plus 6 square feet of floor area for each additional 100 square feet in lot area, up to a maximum of 7,020 square feet of floor area. 50,000+ 7,020 square feet of floor area, plus 3 square feet of floor area foreach additional 100 square feet in lot area. 11. Internal floor area ratio: No requirement E. Off-street parking requirement. The following off-street parking spaces shall be provided for each use in the Moderate -Density Residential (R-I5A) zone district, subject to the provisions of Chapter 26.32. 1. For single-family and duplex residential use and multi -family use: two (2) spaces/dwelling unit. Fewer spaces may be provided by special review pursuant to Chapter 25.64 for historic landmarks only, and fewer spaces may be provided pursuant to Chapter 26.60 for accessory dwelling units only. One (1) space/dwelling unit is required if the unit is either a studio or one -bedroom unit. 2. Lodge uses: N/A 3. All other uses: Requires special review pursuant to Chapter 26.64. February 17, 1999 a I I ►/I I, Ms, Julie Ann Woods Community Development Director City of Aspen Community Development Department 130 South Galena Street Aspen, Colorado 81611 Re: Rezoning to Remove PUD Overlay Designation - Castle Creek Parcel Dear Ms. Woods: Please consider this letter as an addendum to the application (attached as Exhibit 1) to rezone the parcel located at 488 Castle Creek Road, by removing the current PUD Overlay from the parcel, retaining the existing R15-A zone district designation. A brief overview is noted in the Pre -Application Conference Summary (attached as Exhibit 2). The application is hereby submitted pursuant to any applicable sections of the City of Aspen Land Use Code by the owner, Paul Andersen and his assistant, Paul Perea, who is authorized by Paul Andersen to be his representative. A list of owners within 300 feet of the and property and an executed application fee agreement are hereby submitted (attached as Exhibit 3). EXISTING CONDITIONS The applicant's property is legally described as: A tract of land located in Section 12 and Section 13 of Township 10 South, Range 85 West of the Sixth Principal Meridian, Pitkin County Colorado described as follows: Beginning at a point, a number 5 rebar on the Easterly side of the County Road Right-of-way, whence the common corner of Section 1 1, 12 ,13 , and 14 bears South 87 06' West 1016.20 feet: Thence North 81 56' East 257.42 feet: Thence South 06 41' East 308.07 feet: Thence West 11.48' to the Easterly side of the County Road Right-of-way Thence along the fence line North 312 1' West 73.89 feet: Thence along the fence line North 44.5 5' West 13 3.5 7 feet 1004 EAST DURANT, SUITE-3 - ASPEN, COLORADO 81611 (970) 920- 1596 FAX (970) 920-4492 Page 2 Thence along the fence line North 52.30' West 184.31 feet to the point of beginning. City of Aspen, Colorado. Containing: 35,895 Sq. Ft. +/- (attached Improvement Survey Exhibit 4) As already stated the property contains approximately 35, 895 square feet and is zoned R-15A/PUD. , The property is accessible from Castle Creek Road. The parcel contains one 2,065 square foot, tri-level house, with a 2 car attached garage. The house appears to be at least 35 years old and should have no significant historical merit associated with it. There are no other improvements to the property. The south portion of the parcel is undisturbed, and the lower portion of the parcel that the existing house sits on has been backfilled to its current elevation. The slope conditions are noted on the Improvement Survey. The property is bounded on the west by Castle Creek Road, and on the east and north by the Marolt Ranch and the Marolt Ranch Apartments. The area west and across Castle Creek Road contains among others, the Waterplace Housing Project, the Pitkin Health and Human Services Building and the Hospital directly to the east. There is a trail near the North side of the property that is used by seasonal residents of the Marolt Ranch Apartments. All of the adjoining property is zoned R15/PUD. The Applicant desires to have the PUD Overlay removed from the parcel. It is the Applicant's understanding that this particular parcel was designated PUD with the surrounding properties as a general rezoning by the City of Aspen. The parcel, by it's zoning, is limited to the construction of a duplex, hence it hasn't been developed, although over the years several proposals for the parcel have been discussed. As already stated the parcel contains almost 36,000 square feet, and by removing the PUD designation, the parcel can revert to its original R-15A zone district, and can be developed to uses more consistent to that zone district. The intent of the Applicant is to split the lot into two parcels in the future. The two lots created by the future lot split will be in conformance with the density allowed by the current underlying zone district. The applicant does not wish to impact the area by developing the land via rezoning to higher densities and uses consistent with the surrounding area. As addressed in the Pre -application Conference Summary, any future land use considerations will require new applications and pre - application conferences. This request is a step towards that goal. Page 3 REVIEW REQUIREMENTS 1. Rezoning Pursuant to Section 26.92.030, of the Land Use Regulations, City of Aspen, a private application for an amendment to the City's Official Zone District Map may only be submitted on or prior to February 15 and August 15 of each year. This application was submitted on February 9`h, and therefore meets the requirement. The applicable review criteria for such application, and the proposed rezoning's compliance therewith, are as follows, based upon Attachment 5, Review Standards (Section 26.92.020): a. "Whether the proposed amendment is in conflict with any applicable portions of this title." The proposed rezoning complies with all applicable provisions of Chapter 24 of the Land Use Regulations, City of Aspen. There is no conflict with any applicable portions of said chapter. 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." The existing Zone District which the parcel and all surrounding properties share has had no discernible impact on the existing land uses. The proposed amendment will be compatible with the surrounding Zone Districts and land uses, as the proposed use of the property will not substantially change. The underlying zone designation would not change, and since PUD"s are site specific, the amended zoning would maintain it's compatibility with the surrounding Zone Districts and land uses. d. "The effect of the proposed amendment on traffic generation and road safety." The proposed rezoning will have no adverse impact on the area's road system, as the use of the land will not change by the rezoning. By downzoning the parcel from a high density, multi -family PUD to the lower density R-15-A, the traffic impact should be minimal to what it could be. e. "Whether and the extent to which the proposed amendment would resulting in demands on public facilities, and whether and the extent to which the proposed amendment would exceed the capacity of such public facilities, including but not Page 4 limited to transportation facilities, sewage facilities, water supply, parks, drainage, schools, and emergency medical facilities. The proposed rezoning will have no adverse impact on the City's public facilities. No significant impact upon the City's parks. Schools, and emergency medical facilities should occur as a result of the proposed rezoning. f. "Whether and the extent to which the proposed amendment would result in significantly adverse impacts upon the natural environment." The proposed rezoning will have no adverse impacts upon the natural environment. g. "Whether the proposed amendment is consistent and compatible with the community character in the City of Aspen." The rezoning will be consistent and compatible with the community character in the City of Aspen. Retaining a single family theme to the parcel, will blend with the single family homes which overlook the Castle Creek just across the valley at about the same elevation as is this parcel. h. "Whether there have changed conditions affecting the subject parcel or the surrounding neighborhood which support the proposed amendment." There have been no changed conditions affecting the subject parcel which support the proposed amendment. i. "Whether the proposed amendment would be in conflict with the public interest, and is in harmony with the purpose and intent of this chapter." The proposed amendment should not be in conflict with the public interest, and is in harmony with the purpose and intent of this chapter. The request of the applicant to remove the PUD Overlay from this parcel, is a reasonable one. Should you have any questions or require additional information, please call either Paul Perea, my assistant and representative, or me as soon as possible. Respectfully yours, Paul Andersen � ( I LAND USE APPLICATION PROJECT: Name: G-,b.�TC Ct�=, �Iy1�-► . e.�t.-'j" c� airy . Location: Location: (Indicate street address, lot & block number, legal description where appropriate) APPLICANT: Name: �A1.1 L* �.�-�► �t�9 Address: Phone #: q Zo - REPRESENTATIVE: Name: r,&-U L_ Address: 1 l.�N �i" M i 1�.5 �' ,-tit , �� l do t Phone #: - , , 414e - °i2, 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 ❑ Historic Designation ❑ 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 KC_;r� IN - 1 EXISTING CONDITIONS: (description of existing buildings, uses, previous approvals, etc.) PROPOSAL: (description of proposed buildings, uses, modifications, etc.) KG MoyS pUb t �t�N•�-�c. rt ; f1, —151� xon ���"r lc tN Have you attached the following? ,Z Pre -Application Conference Summary 0 Attachment #1, Signed Fee Agreement (� Response to Attachment #2, Dimensional Requirements Form l] Response to Attachment #3, Minimum Submission Contents Response to Attachment #4, Specific Submission Contents Z Response to Attachment #5, Review Standards for Your Application FEES DUE: $ �?- - �� CERTIFICATE OF OWNERSHIP Pitkin County Title, Inc., a duly licensed Title Insurance Agent in the State of Colorado hereby certifies that PAUL EGON ANDERSON is the owner in fee ple of the following described property: AS SET FORTH ON EXHIBIT "All ATTACHED HERETO. Subject to encumbrances, easements, restrictions and rights of way of record. This certificate is not to be construed to be a guarantee of title and is furnished for informational purposes only. PITKIN COUNTY T TLE, INC. III A U BY: aut on -1 -141 ignature CERTIFIED TO: "EUARY 16, 1999 @ 8:30 A.M. 0.14 va a me v 10 MTA A tract of land located in Sections 12 and 13 of Township 10 South, Range 85 West of the Sixth Principal Meridian, Pitkin County, Colorado, described as follows: Beginning at a point, a number 5 re -bar on the Easterly side of the county road right of way whence the common corner of Sections 11, 12, 13 and 14 bears S 870061 W 1016.20 feet; thence N 810561 E 257.42 feet; thence S 060421 E 308.07 feet; thence West 11.48 feet to the Easterly side of the county road right of way; thence along a fence line N 310211 W 73.89 feet; thence along the fence line N 440551 W 133.57 feet; thence along the fence line N 520301 W 184.31 feet to the point of beginning. ASPEN/PITKIN COMMUNITY DEVELOPMENT DEPARTMENT Agreement for Payment of City of Aspen Development Application Fees (Please Print Clearly) CITY OF ASPEN (hereinafter CITY) and r"/-- A►��5 �-1 (hereinafter APPLICANT) AGREE AS FOLLOWS: M APPLICANT has submitted to CITY an application for�"1�N P�r "eve rd t:2 K —16 A► /fUV (hereinafter, THE PROJECT). 2. APPLICANT understands and agrees that City of Aspen Ordinance No. 43 (Series of 1996) establishes a fee structure for land use applications and the payment of all processing fees is a condition precedent to a determination of application completeness. 3. APPLICANT and CITY agree that because of the size, nature or scope of the proposed project, it is not possible at this time to ascertain the full extent of the costs involved in processing the application. APPLICANT and CITY further agree that it is in the interest of the parties to allow APPLICANT to make payment of an initial deposit and to thereafter permit additional costs to be billed to APPLICANT on a monthly basis. APPLICANT agrees he will be benefited by retaining greater cash liquidity and will make additional payments upon notification by the CITY when they are necessary as costs are incurred. CITY agrees it will be benefited through the greater certainty of recovering its frill costs to process APPLICANT'S application. 4. CITY and APPLICANT further agree that it is impracticable for CITY staff to complete processing or present sufficient information to the Planning Commission and/ City Council to enable the Planning Commission 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 consideration of the CITY's waiver of its right to collect full fees prior to a determination of application completeness, APPLICANT shall pay an initial deposit in the amount of $ .Z, Z 1,a which is for w hours of Planning staff time, and if actual recorded costs exceed the initial deposit, APPLICANT shall pay additional monthly billings to CITY to reimburse the CITY for the processing of the application mentioned above, including post approval review. Such periodic payments shall be made within 30 days of the billing date. APPLICANT further agrees that failure to pay such accrued costs shall be grounds for suspension of processing. CITY OF ASPEN APPLICANT Julie Ann Woods Community Development Director Signature: Date: Printed Name: City of Aspen Mailing Address: � JA01-r GF �•'� t G© f iG. t I ATTACHMENT 2 DIMENSIONAL REQUIREMENTS FORM Project: Ga�TL C-t-�,,i%2 . 1 M,>W,0L..-r Applicant:, I._ A4-U-,> Location: Lone District: I SA ru n Lot Size: T� i�.t• �. ��' �c 2�7' `�l'i Lot Area: 3 �, f5� (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: N A Proposed - Number of residential units: Existing: N/la Proposed. Number of bedrooms: Existing: "t A _Proposed: Proposed % of demolition (Historic properties only): 1`4 A DIMENSIONS: Floor Area: Existing:�� Allowable: Proposed:. Principal bldg. height: Existing: P4 A Allowable: Proposed:. Access. bldg. height: Existing: N A Allowable: Proposed:. On -Site parking: Existing: ►U LA Required: Proposed: % Site coverage: Existing. "rLA Required: Proposed: % Open Space: Existing: N A Required: Proposed: Front Setback: Existing: N Required: Proposed: Rear Setback: Existing.- N 1 ' Required: Proposed:. Combined F/R: Existing: N A _Required. Proposed:. Side Setback: Existing: NLARequired: Proposed:. Side Setback: Existing• NLARequired: —Proposed:_ Combined Sides: Existing: NZ,6, Required: Proposed.-_ Existing non -conformities or encroachments: Naww-g Variations requested: %il;wMoy,n.l� �'Ur7 I�I�SIr.�Ns�T'Ic��raM Attachment 8 County of Pitkin } AFFIDAVIT OF NOTICE PURSUANT } SS. TO ASPEN LAND USE REGULATIONS State of Colorado } SECTION 26.52.060(E) I, r&.0 L- , being or representing an Applicant to the City of Aspen, personally certify that I have complied with the public notice requirements pursuant to Section 26.52.060(E) of the Aspen Municipal Code in the following manner: 1. By mailing of notice, a copy of which is attached hereto, by first-class postage prepaid U.S. Mail to all owners of property within three hundred (300) feet of the subject property, as indicated on the attached list, on the day of , 199_ (which is days prior to the public hearing date of ). 2. By posting a sign in a conspicuous place on the subject property (as it could be seen from the nearest public way) and that the said sign was posted and visible continuously from the day of , 199, to the day of , 199 . (Must be posted For at least ten (10) full days before the hearing date). A photograph of the posted sign is attached hereto. Signature (Attach photograph here) Signed before me this day of 199_. by WITNESS MY HAND AND OFFICIAL SEAL My Commission expires: Notary Public PITKIN COUNTY CITY OF ASPEN 530 E MAIN ST STE 302 130 S GALENA ST ASPEN, CO 81611 ASPEN, CO 81611 United States Forest Service KOU1'SOUBOS TED A 806 West Hallam St. 419 E HYMAN AVE ASPEN, CO 81611 ASPEN, CO 81611 Castle Ridge Assoc., Ltd, WACI IS LDWARD 11 JR c/o Hill Management Company PO BOX 405 10449 St. Charles Rock Rd., Ste. 509 ASPEN, CO 81612 St. Louis, MO 63074 Aspen Valley Hospital 200 Castle Creek Rd ASPEN, CO 81611 1v k Vin V/ Pi t ki Us _/� _44 p r 1B �01 .r--- Z. �i Attachment 8 AFFIDAVIT OF NOTICE PURSUANT County of Pitkin } TO ASPEN LAND USE REGULATIONS } SS. State of Colorado } SECTION 26.52.060(E) I � 00'r-EN ��Wffl being or representing an As personally certify that I have complied with the public notice Aspen, Applicant to the City of p , P requirements pursuant to Section 26.52.060(E) of the Aspen Municipal Code in the following manner: aid U.S. of which is attached hereto, by first-class postage prep 1 • By malhng of notice, a copy ' ' n three hundred (300) feet of the subject property, as indicated Mail to all owners of property withi on the attached list, on the day of 199� which is 1'� days prior to the public hearing date off 12F�� ��i)• in a conspicuous place on the subject property (as it could be seen from 2. By posting a sign P sign posted and visible continuously from the �WaY the nearest public way) and that the said s was g of 1991_i �', to the day of , 199 . (Must be posted for at least ten (10) full days bef ore the hearing date). A photograph of the posted sign is attached hereto. ignature Signed before me this�&ay of-UW4--, 1999. by WITNESS MY HAND AND OFFICIAL SEAL my Commission expires: Notary Public %,DEN/ Svc W COMMISSION EXPIRES Z-'ti 9-2002 PITKIN COUNTY CITY OF ASPEN 530 E MAIN ST STE 302 130 S GALENA ST ASPEN, CO 81611 ASPEN, CO 81611 United States Forest Service KOUTSOUBOS TED A 806 West Hallam St. 419 E HYMAN AVE ASPEN, CO 81611 ASPEN, CO 81611 Castle Ridge Assoc., Ltd. WACHS EDWARD H JR c/o Hill Management Company PO BOX 405 10449 St. Charles Rock Rd., Ste. 509 ASPEN, CO 81612 St. Louis, MO 63074 Aspen Valley Hospital 200 Castle Creek Rd ASPEN, CO 81611 PUBLIC NOTICE RE: 488 CASTLE CREEK ROAD REZONING NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, May 18, 1999 at a meeting to begin at 4:30 p.m. before the Aspen Planning and Zoning Commission, Sister Cities Room, City Hall, Aspen, to consider an application submitted by Paul Anderson, 309 M AABC, Aspen, CO 81611, requesting rezoning of the property from R-15A PUD to R-15A. The property is legally described as a tract of land located in Sections 12 and 13, TS 1 OS, R85W of the 6th PM. For further information, contact Chris Bendon at the Aspen/Pitkin Community Development Department, 130 S. Galena St., Aspen, CO, (970) 920-5072, chrisb@ci.aspen.co.us. s/Bob Blaich, Chair Aspen Planning and Zoning Commission Published in the Aspen Times on May 1, 1999. 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