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Home My WebLink AboutLand Use Case.404 Park Ave.0057.2016.ASLU0057.2016.ASLU 404 Park Avenue - LOT 3 OF SUNNY PARK SUBDIVISION RESCINDING A PD DESIGNATION V-4 â‚¬ Â¢\ A-e~uu v~ U b Â© PATH: G/DRIVE / MASTER FILES/PLANNING/ THE CITY OF ASPEN City of Aspen Community Development Department CASE NUMBER 0057.2016.ASLU PARCEL ID NUMBERS 2737 074 04 705 PROJECT ADDRESS 404 PARK AVE PLANNER HILLARY SEMINICK CASE DESCRIPTION RESCINDING A PD DESIGNATION REPRESENTATIVE SARA ADAMS DATE OF FINAL ACTION 8.8.16 CLOSED BY KARLA HENRICHON 9.6.2016 Q -739 -07 0 - O 4 -70 9 0 051 . 20 ( G. AF:> (/4 1 Permits 7 ~,264 116 . * 0. lillillillillillili ~~~ga~i . file Edit Record Navigate Fgrm Reports Format Iab Help ~~ 1 1 @ IX , e 23:* 0* ' g i..92~6 ~41Â·d:W ' > Pilji Jumpl ~,00~0 6~ '3 0 u g 9 3 0/im @30 a 1 01 ~[mlil Custom Fields Rotiting Status g Fee Summarx Adjons I Routing Â£!istory j Permit* bslu i â€¢ |Aspen Land Use Permit # 00572016ASLU 4. Address 404 PARK AVENUE LOT 3 OF SUNNY PAR ApvSuite City ASPEN P~ State |EE~| Zip 81611 -4 - 1 Permit Information Master permit | Routing queue ~aslu15 ~ Applied 06/08/2016 y I Project Status pending Approved Â¥ 1 Description APPLICATION FOR FAT CITY APARTMENTS. LLC LOT 3 OF SUNNY PARK Issued v SUBDIVISION - PARCEL#27]7 07404 705 Closed/Final Submittec SARAADAMS 925 2855 Clock ~Running~ Days rail Expires 06/03/2011 â€¢ ~ Submitted via ~ k Ov#ier Last name AI CITY APARTMEff[S. LLC First name PETER FORNELL 402 MIDLAND PARK ASPEN CO 81611 >, Phone (970) 379-3434 Address ~ Applicant Â® Owner is applicant? E Contractor is applicant? 3 Lgname FAT CITYAPARTMENTS. LD First name PETER FORNELL 402 MIDLAND PARK ASPEN CO 81611 3% Phone (970) 379-3434 Cust # 30388 Address e Email ~~ Lender < * Last name | Brst name q Phone () Address iZEZZ:LEZZ=.number- ~AsF,riol2E(ic*verangcla.~I1of1.: 02*F- 1124 140 *vals , 02Â«Â£2094 * 4100 i 1 9-,5-50'00 al'.1 .se*ON,5051'nbl I x.qi.cull sdno,E) q.11 ORDINANCE NO. 20 (SERIES OF 2016) A ORDINANCE OF THE ASPEN CITY COUNCIL GRANTING AN APPROVAL TO RESCIND A PLANNED DEVELOPMENT DESIGNATION AND A SETBACK VARIANCE THE PROPERTY LEGALLY DESCRIBED IN EXHIBIT A TO THIS ORDINANCE, COMMONLY KNOWN AS 404 PARK AVENUE, CITY OF ASPEN, PITKIN COUNTY, COLORADO. Parcel ID: 2737-074-04-705 WHEREAS, the Community Development Department received an application for the 404 Park Avenue (the Application) from Fat City LLC (Applicant), represented by BendonAdams for the following land use review approvals: â€¢ Variance, pursuant to Land Use Code Chapter 26.314; and, â€¢ Rescind a Planned Development Designation, pursuant to Land Use Code Chapter 26.445; and, WHEREAS, the subject property is zoned Residential Multi-Family (RMF) with a Planned Development (PD) Overlay; and, WHEREAS, all code citation references are to the City of Aspen Land Use Code in effect on the day of initial application - June 7,2016, as applicable to this Project; and, WHEREAS, the Application for 404 Park Avenue proposes to remove a planned development designation and requests a setback variance for the life of three existing structures; and, WHEREAS, pursuant to Chapter 26.304.060 of the Land Use Code, the Community Development Director may combine reviews where more than one (1) development approval is being sought simultaneously; and, WHEREAS, all required public noticing was provided as evidenced by an affidavit of public noticing submitted to the record, a summary of public outreach - was provided by the applicant to meet .the requirements of Land Use Code Section 26.304.035, and the public was provided a thorough and full review of the proposed development; and, WHEREAS, on July 25,2016, the Aspen City Council approved Ordinance No. 20, Series of 2016 on First Reading by a five to zero (5-0) vote; and, i~ WHEREAS, during a duly noticed public hearing on August gth, 2016, the Aspen City Council approved Ordinahce No. 20, Series of 2016, by a five to zero (5-0) vote granting approval of the 404 Park Avenue application and all necessary land use reviews, as identified herein, with the conditions of approval listed hereinafter. WHEREAS, City Council finds that the development proposml meets or exceeds all the applicable development standards and that the approval of the development proposal; and, WHEREAS, City Council finds that this Ordinance furthers and is necessary for the promotion of public health, safety, and welfare. City Council Ordinance No. 20, Series 2016 Page 1 of 6 NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO THAT: Section 1:Approvals Pursuaht to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the City Council grant approval to rescind a planned development designation subject to the recommended conditions of approval as listed herein. All conditions outlined in all previous approvals remain valid and in effect except as modified herein. Section 2: Affordable Housing The planned development shall be rescinded upon the following conditions: a. Review and approval of a 100% affordable housing project as represented by the Applicant. b. The application to establish Affordable Housing Certificates for the 100% affordable housing project shall be reviewed pursuant to the Land Use Code at time of Application; however, the project will not be required to undergo a Planned Development review, pursuant to Chapter 26.445. c. The Planned Development overlay shall remain in effect until such time as the receipt of a Certificate of Occupancy for a 100% affordable housing project at the subject property. The entire property must receive a Certificate ofOccupancy prior to removal ofthe Planned Development Overlay. Section 3: All material representations and commitments made by the Applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the Community Development Department, the Planning and Zoning Commission, or the Aspen City Council are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by other specific conditions or an authorized authority. Section 4: This Ordinance shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 5: If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held invalid or unconstitutional in a court ofcompetentjurisdiction, such portion shall -be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council ofthe City of Aspen on the 25th ofJuly, 2016. City Council Ordinance No. 20, Series 2016 Page 2 of 6 Attest: 1 / t \ ott Ho~â€žull i $ - fir 1:T i Â£ 1-. i Linda Manning, City (~rk Steven *1~drotMayor FINALLY, adopted, passed and approved this 8th day ofAugust, 2016. h Attest: ~AA ~A Hcwu. Â»C 1/4 Linda Manning, City C~k Steven Skadron, 11~ayor Approved as to form: ~J:Ges R. True, City Attorney Attachments: Exhibit A: Legal Description City Council Ordinance No. 20, Series 2016 Page 3 of 6 Exhibit A, Legal Description A Tract of land being all of Lot 3, Sunny Park Subdivision recorded at Book 3 Page 18, that part of vacated Park Avenue being adjacent to said Lot 3 according to Ordinance No. 11 (Series 1972) City of Aspen recorded in Book 265 at Page 1 and all ofthat parcel of land described in the Special Warranty Deed at Book 765 Page 858, all in the South one-half of the Southeast Quarter of Section 7, Township 10 South, Range 84 West of the 6th P.M., Pitkin County, Colorado more particularly described as follows: Beginning at a point, being the North Corner of said Lot 3, Sunny Park Subdivision; thence S52Â°00'00"E a distance of 120.62 feet along the North line of said Lot 3 to the Northeast corner of said Lot .3 being a point on the Westerly boundary of Midland Park Subdivision as recorded in Book 6 at Page 138 and being a point on the Line 5-1 of the U.S.M.S. Mascotte Lode #5867; thence S45Â°21'00"W a distance of 77.96 feet along the Easterly boundary of said Lot 3 also being the Westerly line of said Midland Park Subdivision and the Line 5-1 of said U.S.M.S. Mascotte; thence S35Â°53'00"E a distance of 9.46 feet along the boundary of said Midland Park Subdivision; thence S54Â°07'00"W a distance of 45.95 feet along the Westerly line of said Midland Park Subdivision to a point on the Easterly line of said Lot 3 also being on the Line 4-1 of the U.S.M.S. Mollie Gibson Lode # 4281AM; thence S38Â°00'0.0"W a distance of 79.73 feet along the Easterly line of said Lot 3 also being along the Line 4-1 of said U.S.M.S. Mollie Gibson Lode to a point on the Southerly boundary of said Park Avenue vacation; thence along said Park Avenue vacation boundary the following four (4) courses: N14Â°22'26"W a distance of 67.09 feet; thence; 5.58 feet along the arc of a curve to the right having a radius of 10.00 feet, a central angle of 31Â°58'16" and subtending a chord bearing ofN01Â°36'42 "Ea distance of 5.51 feet; thence 75.14 feet along the arc of reverse curve having a radius of 93.93 feet, a central angle of 45Â°50'03" and subtending a chord bearing of N05Â°19'12"W a distance of 73.15 feet; thence 12.14 feet along the arc of a reverse curve, having a radius of 10.00 feet, a central angle of 69Â°33'25" and subtending a chord bearing of N06Â°32'29"E a distance of 12.14 feet; thence N41Â°20'00"E a distance of 3,99 feet to the Southwesterly Corner of said Lot 3; thence N41Â°20'00"E a distance of 91.65 feet along the Westerly line o f said Lot 3 to the point of beginning. TOGETHER with a non-exclusive easement for the construction, maintenance, inspection, protection, repair and replacement of the existing concrete retaining wall, stairs, sidewalk and fence, through, on, over and across the following described real property, hereinafter referred to as the "easement" to-wit: That portion of Lot 5, Sunny Park Subdivision, Pitkin County, State of Colorado, described as follows: City Council Ordinance No. 20, Series 2016 Page 4 of 6 Commencing at a point being the Northwest corner of Lot 3, Sunny Park Subdivision, Pitkin County, State of Colorado, said point also being the Southwest corner of said Lot 5, thence South 52Â°00' East along the Northern boundary line of said Lot 3, said line also being the Southern boundary line of said Lot 5 a distance of 90.00 feet; thence North 38Â°00' East, a distance of 5.0 feet; thence North 52Â°00' West, a distance of 89.71 feet; thence South 41Â°20' West, a distance of 5.01 feet to the point of beginning; the same being appurtenant to Lot 3, Sunny Park Subdivision, Pitkin County, Colorado; for so long as the said concrete retaining wall, stairs, sidewalk and fence are used for the same purposes as currently exist and further for so long as the said concrete retaining wall, stairs, sidewalk and fence, or any portion thereof, shall remain attached and/or appurtenant to the existing structure, a dwelling house, and no longer, together with the right of ingress and egress over said easement and the right to survey, construct, reconstruct, maintain, operate, control and use said concrete retaining wall, stairs, sidewalk and fence, as conveyed from Ralph H. Woodward, Jr. and Patricia Woodward to Luke W. Anthony, Inc., a Colorado Corporation by instrument dated June 26,1972 and recorded June 30,1972 in Book 264 at Page 787. Historically described as: A tract of land being part of Lot 3, Sunny Park Subdivision, part of vacated Park Avenue and part of the Mascotte Lode U.S.M.S. No. 5867, all in the South one-half of the Southeast quarter of Section 7, Township 10 South, Range 84 West of the Sixth Principal Meridian, Pitkin County, Colorado more particularly described as follows: Beginning at a point, being the North corner of Lot 3, Sunny Park Subdivision; thence South 52Â°00'00" East 118.of said Lot 3; to line 1-5 of said Mascotte Lode; thence South 45Â°24'29" West 77.95 feet along line 1-5 of said Mascotte Lode; thence South 35Â°53'00" East 9.46 feet; thence South 54Â°07'00" West 37.14 feet to a point on line 4-1 ofMollie Gibson Lode U.S.M.S. No. 4281; tlience South 38Â°00'00" West 86.24 feet along Line 4-1 of said Mollie Gibson Lode to a point on the Easterly right-of-Way of Park Avenue; thence North 14Â°22'26" West 67.11 feet along said right-of-way; thence following said right-of-way 5.58 feet along a curve to the right having a radius of 10.00 feet; thence following said right-of-way 75.14 feet along a curve to the left having a radius of 93.93 feet to a point on the Easterly right-of-way of Park Circle; thence following said Easterly right-of-way of Park Circle 12.14 feet along the arc of a curve to the right having a radius of 10.00 feet; thence North 41Â°20'00" East 95.64 feet along said right-of-way to the Point of Beginning. TOGETHER with a non-exclusive easement for the construction, maintenance, inspection, protection, repair and replacement of the existing concrete retaining wall, stairs, sidewalk and fence, through, on, over and across the following described real property, hereinafter referred to as the "easement" to-wit: That portion of Lot 5, Sunny Park Subdivision, Pitkin County, State of Colorado, described as follows: Commencing at a point being the Northwest corner of Ldt 3, Sunny Park Subdivision, Pitkin County, State of Colorado, said point also being the Southwest corner of said Lot 5, thence South 52Â°00' East along the Northern boundary line of said Lot 3, said line also being the Southern boundary line of said Lot 5 a distance of 90.00 feet; thence North 38Â°00' East, a distance of 5.0 feet; thence North 52Â°00' West, a distance of 89.71 feet; thence South 41Â°20' West, a distance of 5.01 feet to the point of beginning; the same being appurtenant to Lot 3, Sunny Park Subdivision, Pitkin County, Colorado; for so long as the said concrete retaining wall, stairs, sidewalk and fence City Council Ordinance No. 20, Series 2016 Page 5 of 6 are used for the same purposes as currently exist and further for so long as the said concrete retaining wall, stairs, sidewalk and fence, or any portion thereof, shall remain attached and/or appurtenant to the exising structure, a dwelling house, and no longer, together with the right of ingress and egress over said easement and the right to survey, construct, reconstruct, maintain, operate, control and use said concrete retaining wall, stairs, sidewalk and fence, as conveyed from Ralph H. Woodward, Jr. and Patricia Woodward to Luke W. Anthony, Inc. a Colorado Corporation by instrument dated June 26,1972 and recorded June 30, 1972 in Book 264 at Page 787. City Council Ordinance No. 20, Series 2016 ' Page 6 of 6 MEMORANDUM TO: Mayor Skadron and City Council FROM: Hillary Seminick, Planner THRU: Jessica Garrow, Community Development Director RE: 404 Park Avenue, Rescinding a Planned Development Designation and Setback Variance Review Ordinance No. 20, Series of 2016 MEETING DATE: August 8,2016 APPLICANT /OWNER: 05ld0WN'In --1,0- Mig-I. '1 Fat City LLC ~*=2~ . 402 Midland Park, Aspen CO 81611 ul.&*4 3ti 970.379.3434 *M*1%41.=Fl .. REPRESENTATIVE: - 4*7,9.-2-lt.'Il'*Â£ 51,3 Sara Adams, ~ 14==:1~10~ Bendon Adams 0) LOCATION: * 4. 404 Park Avenue L- - - Figure 1. Building 300, looking west CURRENT ZONING: Residential Multi-Family (RMF) Zone District with a Planned Development Overlay SUMMARY: The Applicant requests to rescind the planned development designation and requests a setback variance for the life of existing structures STAFF RECOMMENDATION: Staff recommends denial of both the request to rescind the planned development overlay and the setback variance 404 Park Avenue - Rescinding a Planned Development Designation August 8,2016 Second Reading Memo Page 1 of 10 CHANGES SINCE FIRST READING: No additional information has been provided by the Applicant since First Reading and Staff continues to recommend denial of the Application. The City Council requested additional information and clarification of several items at First Reading. Some of the requests were of the Applicant to further elaborate on the timing of and the need for the removal of the Planned Development overlay. Additionally, Council asked the Applicant that they provide more information on the need to remove the overlay. The Applicant is prepared to address these questions at Second Reading. Three additional Council requests were addressed to Staff, which are addressed below. 1. Provide a timeline of the floor areafrom the time of construction topresent day. 1966 marks the adoption of the first comprehensive plan for the City. the Aspen Area General Plan. The property was annexed into the City the same year and was zoned Residential Multi- Family. The Pitkin County Assessor provided a 1969 construction date; however, based on minutes from annexation hearings, the property was developed pre-annexation. It is not understood how many of the existing improvements were on the property at time of the annexation. At the time of annexation, the properly was subject to the 1962 Code. At that time, there were no maximum floor area requirements in the Code. Single family and duplex structures were required to provide a minimum floor area requirement of 600 sf while multi-family structures were not subject to minimum floor area requirements. Planned Unit Developments were introduced to the Land Use Code in 1975 and the property received a Planned Unit Development overlay that same year. In 1975, the maximum floor area for the RMF zone district was established at 1:1 or 17,838 sf. In the 1980s. the floor area was based on R-6, which greatly reduced the floor area available to the property to 5.990 st whereas in 1997 the floor area was again 1:1 or 17,838. In 2000. the Aspen Area Community Plan was updated and one of the action items identified was to focus growth and development into existing infrastructure and reduce sprawl. The land use code was then revised to implement these AACP policies. One of the code amendments established tiered floor area based on density within the RMF zone district. In 2005, the maximum floor area for the lot was 22,297 sf or 1.25:1, based on the existing property density of one unit or greater for each 1,500 sf of lot area. The 2005 floor area requirements are consistent with today's floor area allowances. Table A provides a timeline of these dimensional requirement throughout the decades. IContinued on the following pagel 404 Park Avenue - Rescinding a Planned Development Designation August 8,2016 Second Reading Memo Page 2 0 f 10 Table A. Chronology of the Dimensional Requirements of the RMF Zone District Setbacks Maximum Allowed Year Height Floor Area Front Side Rear No maximum floor 1962 25 feet 10 feet 10 feet 10 feet area 1975 17,838 sq, ft.1 28 feet 10 feet 5 feet 10 feet 1986 25 feet 10 feet 5 feet 10 feet 5,990 sq. ft.2 17,838 sq. ft. to 1997 25 feet 10 feet 5 feet 10 feet 19,623 sq. ft.3 200 17,838 sq. ft. 25 feet 10 feet 5 feet 10 feet 2005 22,297 sq. ft. 32 feet 10 feet 5 feet 10 feet 2007 22,297 sq. ft. 32 feet 5 feet 5 feet 5 feet Today (allowed) 22,297 sq. ft. 32 feet 5 feet 5 feet 5 feet Today (existing) 8,788 sq. ft. 28 feet 5 feet 1'8" 0 feet 1 External Floor Area Ratio 1: 1 for Office or Boarding House uses. External Floor Area for Multi-Family is not defined. No Requirement for Internal Floor Area. 2 Based on R-6, which doesn't have floor area requirements for the type of use in RMF. Staff assumed the floor area would be based on a duplex and not a single family residence. Properties between 15,001 and 50,000 sfwere permitted between 4920-7020 sf. At 17,837.82, the lot would be allowed. 3 Maximum of FAR 1 : 1, up to 1 . 1 : l by Special Review. 2. What are the impacts ofthe request? The major effect of removing the Planned Development overlay would change the required land use approvals for the property. The Applicant has stated they intend to redevelop the property as 100% affordable housing. Should the Planned Development be removed and no other reviews were required, a one-step review before Planning and Zoning would be required to receive approval for any Affordable Housing Certificates generated by the development. Council would not review an application for Affordable Housing Certificates. All development would need to conform with underlying zoning. If the planned development were to remain, development of this scale would be required to undergo a Major Amendment to a Planned Development Approval. This is a three-step approval process. First, Planning and Zoning would be required to provide a recommendation to Council for Project Review by Resolution. Then Council would be required to review the Project Review, which determines dimensional requirements including bulk, mass, scale, height, density and floor area. Should Council grant the application approval, a Detailed Review before Planning and Zoning would be required to approve the architecture, materials, landscaping plans and other aesthetic components of the development. The Applicant has represented that the up-front costs and duration of review financially encumber a 100% affordable housing project. Lastly, should the Planned Development overlay be removed, a non-conformity would be created. This non-conformity would be self-created and Staff does not support a hardship variance. 404 Park Avenue - Rescinding a Planned Development Designation August 8,2016 Second Reading Memo Page 3 0 f 10 3. Provide the consequences of not granting a variance while granting removal of the Planned Development overlay. While not expressly prohibited in the Planned Development chapter, establishing self-created non- conformities is contrary to responsible land use planning. Removing the Planned Development overlay would create non-conforming structures on the property. The purpose of the Nonconformities chapter is to limit the continued existence of structures that do not conform with the Land Use Code. not to enable the creation of non-conformities. It should also be noted that the Subdivision regulations of the Code also limits the creation of non-conformities by requiring all new lots confirm to the requirements of the underlying zone district. REQUEST OF THE CITY COUNCIL: The Applicant is requesting the following approvals from City Council: â€¢ Rescinding a Planned Development Designation (Chapter 26.445) to remove the planned development overlay. (City Council is the final review authoritv.) â€¢ Variance (Chapter 26.314) to grant a setback variance for three existing structures. (City Council is the final review authority.) EXISTING CONDITIONS: 404 Park Avenue is located at the corner of Park Avenue and Park Circle. The property has one three story building (Building A), two one story buildings (Buildings B and C) and one two story building (Building D). Staff has provided a marked-up site plan depicting the location of each structure on the lot in Figure 1. Efontinued on the following pagel 404 Park Avenue - Rescinding a Planned Development Designation August 8,2016 Second Reading Memo Page 4 of 10 Figure 1. 404 Park Avenue Site Improvement Survey 41.U,Ir FC<41/ â‚¬, 9 \/ i*dj:# Lf;T ,< 2- 2 / /--///1 q 4 /GRAE '|~ ' 6 *% 452 i PARKINC .0 - /Â»4 \ N BUILDING \ -16 7 7 4-â‚¬ A 4-*. 44 \ \ 1 1 1 / + 3 \ \ f zÂ« /*cCO nec< >62 \> \ \ 4-6 I.fly,F' 1&1 :4= 4. ,- k 4 7142 i / 1 . a# 9.0 V t-4 INILDING 4349 94>/ \\\\ // 1 //\ f 'b-,1,91 e f ~ 3--7 1 51\ ~ LOT 3 * B CNE ST~ \ '2-15 X~ BILDING /31 6 7 46 < . Building A 1 1, lilli/\ 16 / \9-7 ~ VACATICM AL \NCE ... i ,- 20- 4 TOR 1 8/. 244 ps i i Building B DECK / 42, 2 Building C 44*4/4 Of / 31= ~ t::6Â°31 ,â‚¬f ' / Building D 8 \ 4 43 2 ' 4 t T}â€¢DE STORY al'UNG df 4 ,/T Ls, 2Qlk' 6 7 7 1, '4 6 ' C .W, #ew,:til \\ . ''~,i. 0 20~33 \1\U Â£ Ne, 2, 7- 42 / / HATCHIgDENCI~S ARE/ Cf 1 ~ 4 / UCE45E ACREEME$T ~ ~ RED# *13.5 \ 1/ cr . /1 PARKING~ ' 0 )144<71~/ t# ,/ tf 2-.90' *IT CCR. m L// -- / 1 The property is located at Lot 3 of the Sunny Park Subdivision in the Residential Multi-Family zone district with a planned development overlay. The lot is 17,838 sq. ft. and the four buildings have a total 14 units and 8,788 sq. ft. of floor area. The tallest structure, Building A, is 28 feet tall. There are a total of seven parking spaces on the property. Underlying zoning would permit 22,297 sq. ft. of floor area, which is based on the current density of the lot, and a maximum height of 32 sq. ft. 404 Park Avenue - Rescinding a Planned Development Designation August 8,2016 Second Reading Memo Page 5 of 10 '911&,1 Table 1. 404 Park Ave. Existing Dimensions Analysis Residential Multi-Family Allowed Existing Dimensions Dimensions Units 14 Units 30 Unitsi FAR 1.25:12 Floor Area 8,788 sq. ft. 22,297 sq. ft. Max. Unit Size Not available 2,500 sq. ft. Height 28 feet 32 feet Front Yard Setback 5 feet 5 feet Rear Yard Setback 1 foot 8 inches 5 feet Side Yard Setback 0 feet 5 feet Minimum Lot Area 17,837.82 sq. ft. 6,000 sq. ft. 14 spaces; however, the applicant may Parking 7 spaces maintain this number under the provisions of 26.515 1 Number of units based on the baseline for the maximum floor area ratio of 1.5:1. Floor area ratios are established on the number of units of an RMF development. The maximum allowed FAR of 1.5.1 is permitted where unit densities are equal to or greater than one unit per seven hundred and fifty square feet of Gross Lot Area. 2 The maximum allowed FAR of 1.25:1 is permitted where unit densities are equal to or greater than one unit per one thousand square feet o f Gross Lot Area. The setback requirement for multi-family residential is 5 feet for all yards. The Building A has two areas of setback encroachment. The building encroaches into the south side yard setback by one feet and ten inches and a stairway, attached to this elevation, encroaches into the south setback an additional three feet and seven inches, for a total encroachment of five feet and three inches. Portions of Building C encroaches into both the side yard and rear yard setbacks by nearly seven inches and one foot and four inches. respectively. Lastly, the east wall Building D at the projects into the rear yard setback by one feet and eight inches. These setback encroachments are highlighted in Figure 2. Wontinued on the following pagel 404 Park Avenue - Rescinding a Planned Development Designation August 8.2016 Second Reading Memo Page 6 of 10 Figure 2. Existing Setback Encroachments 82.2/7-k / 1 i t 42@1 9/r...SUIP,Ziatul ,111 ' : i : ' l 4 UNIT 2 UNIT 3 1 : , ' t /1/ 7 5=:~ 1. 1 t 'I In e-â€¢ Â· 1 110 4 4-' - - ENEEÂ» 111 \ , L.1 777 1 UF--~El-I f UN,7 1 1 1 1 / I 3 i lit"11 1 -t--1 3 - \ 1 / 1 1 / 1 1 , + 4 :,1-1- - -- 6- EREE-3 : â€¢, I -t.*221 .4 - 1----4. 1 ta===rer- 111 , 1 2 4 - I -7 -------- 17 7 r â€¢ 9 n- 0446 9 3 7 --- r q /4 ' : UNIT 5 El 4 1 11 13 - ,:li ge r -n +4 .1 16* [0- r LIA.,0 1 ------- ...... 1 1, i ,# 1 , 0 1 N- --3 UNT 7 114_ A /1 h - - k==ms-U> --- - Â· -** *-V ' ' 4 1 . bÂ»Eis HISTORY: There is a considerable lack of information available for this property. The property was annexed into the City in 1966, where it was zoned Residential Multi-Family. The planned development designation was placed on the property nine years later in 1975 when the City adopted a new zoning map and planned unit development regulations. The 1983 and subsequent zoning maps show that the surrounding properties, including the Midland Park and Sunny Park Subdivisions, received planned development designations. The Applicant surmises these properties received planned development designations due to their proximity of the Smuggler Mine as a means to address the challenges associated with developing at the base of both a mountain and a mine. None ofthe properties appear to have had a formal land use review establishing the planned development designation. Staff cannot say for certain why the planned development was placed on the property by it was common in the 1970s to place planned developments on properties with steep slopes, near rivers or with non-conforming aspects. 404 Park Avenue - Rescinding a Planned Development Designation August 8,2016 Second Reading Memo Page 7 0 f 10 The building permit file for the property did not yield either building permits nor certificates of occupancy for the structures located on the property. The Pitkin County Assessor shows a 1969 construction date of Building D and the construction dates of Buildings A-C are unknown. More recently, an affordable housing and free market residential project known as "Aspen Walk" received approvals (Ordinance No. 19, Series 2011) to merge Lot 3 and Lot 5 of Sunny Park Subdivision. A subdivision plat to merge the two lots has not been filed and the lots are currently under separate ownership. The project is vested until March 8,2017. PROPOSAL: The Applicant proposes to rescind the planned development designation. To address the non- conforming setbacks created by the removal of this designation. the Applicant is requesting a setback variance for the life of the existing structures. While no development is planned at this time, the Applicant intends on developing the property as a 100% affordable housing project that conforms with the underlying RMF zone district dimensional requirements and applicable Aspen Pitkin Housing Authority Guidelines sometime in the future. To rescind the planned development, the Applicant provided three reasons to "show cause" to remove the designation, in addition to addressing the Project Review and Variance criteria. An excerpt ofthis narrative has been included below for Council's consideration. 1) Removing the PD overlay prohibits any unnecessary variation requests that could conflict with community character and be out of proportion with the neighborhood. After removal of the PD, anyfuture development has to comply with the RMF zone district and the Land Use Code. Meeting current Code requirements and removing the ability to ask jbr variations through PD is aligned with community and City Council sentiment toward variations. 2) When a property has a PD overlay, it is required to proceed through a more elaborate process even if no variations are requested. The PD process is very detailed and takes at least a year to complete. Construction level drawings are expected during the land use review process to ensure compliance with Planning, Building, Engineering and Utility requirements. This level of review is understandable considering the magnitude of a typical PD project that is requesting variations and flexibility for development. A property with an assigned PD that is not requesting variations is subject to the same level of scrutiny. The planning, engineering, and architectural costs, extended timeline, and delays associated with a PD review on a 100% affordable housing project with no variations either make the housing project unbuildable or force the owner to ask for variations to compensate.for the PD process costs. 3) Considering the plan.for a 100% affordable housing project, future housing residents will be able to change their units, within Land Use Code and APCHA rules, without triggering a lengthy PD amendment process with planning application fees, review time, and extra paperwork. 404 Park Avenue - Rescinding a Planned Development Designation August 8,2016 Second Reading Memo Page 8 of 10 The Applicant's justification for a variance to the setback requirement is that it is an existing non- conformity that was constructed prior to the creation of the planned development section of the code. The intent is to redevelop the property and the Applicant requests the variance be granted for the life of the structure rather than to displace the current tenants in order to bring the structure into conformity. STAÂ¥Â¥ COMMENTS: RESCINDING THE PLANNED DEVELOPMENT DESIGNATION: Currently the subject property has 14 units with a total of 8,788 sq. ft. of floor area. The lot density would allow for a maximum floor area of 22,297 sq. ft. The maximum height of the zone district is 32 feet and the maximum height of the existing structures is 28 feet. The property is well below both the allowed floor area and height requirements established by underlying zoning. This is demonstrated in Table 1.404 Park Ave. Existing Dimensions Analysis. The setback requirement for multi-family residential is 5 feet for all yards. The existing structures encroach into the setbacks in four areas. A planned development overlay allows and legally establishes variations from underlying zoning, including variations from setback requirements. Removing the planned development designation would create non-conformities ill these four setback locations. Staff does not support removing a designation that would create a non- conformity. SETBACK VANIANCE: The criteria for receiving a variance (Exhibit A.2) are strict. A property owner must demonstrate that reasonable use of the property has been withheld by the City and can only be achieved by the City providing a variance. In situations where all, or practically all, reasonable use of a property is made impossible by development regulations, the City has the ability to grant a variance to avoid a "regulatory taking". City staff believes this property has reasonable use. The property owner must demonstrate that his rights, as compared with owners of similar properties, have been deprived. In considering this criterion, the Council must consider unique conditions inherent to the property but which are not the result of the applicant's actions. Staff appreciates that the Applicant inherited the non-conforming aspects of the property upon its acquisition and supports the future intent to develop affordable housing. Removing the planned development designation is in effect a self-created non-conformity for which a variance must be granted. Staffdoes not believe this application meets the City's strict standards for a variance. Staff recommends denial ofthe variance. RECOMMENDATION: Staff recommends denial of the request to rescind a planned development designation and the granting of a setback variance for the existing structures. PROPOSED MOTION: (All motions written in the affirmative) "I move to approve Ordinance 20, Series 2016, City Council grant approval to rescind a planned development designation and the granting of a setback variance for the existing structures. 404 Park Avenue - Rescinding a Planned Development Designation August 8, 2016 Second Reading Memo Page 9 of 10 Attachments: Exhibit A.1 - Planned Development Project Review Criteria, Staff Findings Exhibit A.2 - Variance Review Criteria, Staff Findings Exhibit B - Application Exhibit C - Berumen Annexation P&Z Meeting Minutes, July 19.1966 404 Park Avenue - Rescinding a Planned Development Designation August 8,2016 Second Reading Memo Page 10 0 f 10 ORDINANCE NO. 20 (SERIES OF 2016) A ORDINANCE OF THE ASPEN CITY COUNCIL GRANTING AN APPROVAL TO RESCIND A PLANNED DEVELOPMENT DESIGNATION AND A SETBACK VARIANCE THE PROPERTY LEGALLY DESCRIBED IN EXHIBIT A TO THIS ORDINANCE, COMMONLY KNOWN AS 404 PARK AVENUE, CITY OF ASPEN, PITKIN COUNTY, COLORADO. Parcel ID: 2737-074-04-705 WHEREAS, the Community Development Department received an application for the 404 Park Avenue (the Application) from Fat City LLC (Applicant), represented by BendonAdams for the following land use review approvals: â€¢ Variance, pursuant to Land Use Code Chapter 26.314; and, â€¢ Rescind a Planned Development Designation, pursuant to Land Use Code Chapter 26.445; and, WHEREAS, the subject property is zoned Residential Multi-Family (RMF) with a Planned Development (PD) Overlay; and, WHEREAS, all code citation references are to the City of Aspen Land Use Code in effect on the day of initial application - June 75 2016, as applicable to this Project; and, WHEREAS, the Application for 404 Park Avenue proposes to remove a planned development designation and requests a setback variance for the li fe o f three existing structures; and, WHEREAS, pursuant to Chapter 26.304.060 of the Land Use Code, the Community Development Director may combine reviews where more than one (1) development approval is being sought simultaneously; and, WHEREAS, all required public noticing was provided as evidenced by an affidavit of public noticing submitted to the record, a summary of public outreach was provided by the applicant to meet the requirements of Land Use Code Section 26.304.035, and the public was provided a thorough and full review of the proposed development; and, WHEREAS, on July 25,2016, the Aspen City Council approved Ordinance No. 20, Series of 2016 on First Reading by a five to zero (5-0) vote; and, WHEREAS, during a duly noticed public hearing on August 8th, 2016, the Aspen City Council approved Ordinance No. 20, Series of 2016, by a to (_-_) vote granting approval of the 404 Park Avenue application and all necessary land use reviews, as identified herein, with the conditions of approval listed hereinafter. WHEREAS, City Council finds that the development proposal meets or exceeds all the applicable development standards and that the approval ofthe development proposal; and, WHEREAS, City Council finds that this Ordinance furthers and is necessary for the promotion of public health, safety, and wel fare. City Council Ordinance No. 20, Series 2016 Page 1 of 6 NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO THAT: Section 1:Approvals Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipa] Code, the City Council grant approval to rescind a planned development designation and grant setback variances, subject to the recommended conditions of approval as listed herein. All conditions outlined in all previous approvals remain valid and in effect except as modified herein. Section 2: Approved Dimensions The following setback variances are granted for the life of the structures, as further described in Exhibit B to this Ordinance. Table 1. Setback Variance Dimensions Residential Multi-Family Allowed Setback Existing Dimensions Dimensions Front Yard Setback 5 feet 5 feet Rear Yard Setback 1'8" 5 feet Side Yard Setback 0' 5 feet Section 3: All material representations and commitments made by the Applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the Community Development Department, the Planning and Zoning Commission, or the Aspen City Council are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by other specific conditions or an authorized authority. Section 4: This Ordinance shall not affect any existing litigation and shall not operate as an abatement o f any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 5: If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the 25th of July, 2016. FINALLY, adopted, passed and approved this 8th day of August, 2016. City Council Ordinance No. 20, Series 2016 Page 2 of 6 Attest: Linda Manning, City Clerk Steven Skadron, Mayor Approved as to form: James R. True, City Attorney Attachments: Exhibit A: Legal Description Exhibit B: Setback Variance Locations City Council Ordinance No. 20, Series 2016 Page 3 of 6 Exhibit A, Legal Description A Tract of land being all of Lot 3, Sunny Park Subdivision recorded at Book 3 Page 18, that part of vacated Park Avenue being adjacent to said Lot 3 according to Ordinance No. 11 (Series 1972) City ofAspen recorded in Book 265 at Page 1 and all ofthat parcel ofland described in the Special Warranty Deed at Book 765 Page 858, all in the South one-half of the Southeast Quarter of Section 7, Township 10 South, Range 84 West of the 6th P.M., Pitkin County, Colorado more particularly described as follows: Beginning at a point, being the North Corner of said Lot 3, Sunny Park Subdivision; thence S52Â°00'00"E a distance of 120.62 feet along the North line of said Lot 3 to the Northeast corner of said Lot 3 being a point on the Westerly boundary of Midland Park Subdivision as recorded in Book 6 at Page 138 and being a point on the Line 5-1 of the U.S.M.S. Mascotte Lode #5867; thence S45Â°21'00"W a distance of 77.96 feet along the Easterly boundary of said Lot 3 also being the Westerly line of said Midland Park Subdivision and the Line 5-1 of said U.S.M.S. Mascotte; thence S35Â°53'00"E a distance of 9.46 feet along the boundary of said Midland Park Subdivision; thence S54Â°07'00"W a distance of 45.95 feet along the Westerly line of said Midland Park Subdivision to a point on the Easterly line of said Lot 3 also being on the Line 4-1 of the U.S.M.S. Mollie Gibson Lode # 4281AM; thence S38Â°00'00"W a distance of 79.73 feet along the Easterly line of said Lot 3 also being along the Line 4-1 of said U.S.M.S. Mollie Gibson Lode to a point on the Southerly boundary of said Park Avenue vacation; thence along said Park Avenue vacation boundary the following four (4) courses: 314Â°22'26"W a distance of 67.09 feet; thence; 5.58 feet along the arc of a curve to the right having a radius of 10.00 feet, a central angle of 31Â°58'16" and subtending a chord bearing ofN01Â°36'42"E a distance of 5.51 feet; thence 75.14 feet along the arc of reverse curve having a radius of 93.93 feet, a central angle of45Â°50'03" and subtending a chord bearing of 305Â°19'12"W a distance of 73.15 feet; thence 12.14 feet along the arc of areverse curve. having a radius of 10.00 feet, a central angle of 69Â°33'25" and subtending a chord bearing of N06Â°32'29"E a distance of 12.14 feet; thence N41Â°20'00"IE a distance of 3.99 feet to the Southwesterly Corner of said Lot 3: thence 341Â°20'00"IE a distance of 91.65 feet along the Westerly line of said Lot 3 to the point of beginning. TOGETHER with a non-exclusive easement for the construction, maintenance, inspection, protection, repair and replacement of the existing concrete retaining wall, stairs. sidewalk and fence, through, on, over and across the following described real property, hereinafter referred to as the "easement" to-wit: That portion of Lot 5, Sunny Park Subdivision, Pitkin County, State of Colorado, described as follows: Commencing at a point being the -Northwest corner of Lot 3. Sunny Park Subdivision, Pitkin County, State of Colorado, said point also being the Southwest corner of said Lot 55 thence South 52Â°00' East along the Northern boundary line of said Lot 3, said line also being the Southern boundary line of said Lot 5 a distance of 90.00 feet; thence North 38Â°00' East. a distance of 5.0 feet; thence -North 52Â°00' West, a distance of 89.71 feet; thence South 41Â°20' West, a distance of 5.01 feet to the point of beginning; the same being appurtenant to Lot 3, Sunny Park Subdivision, Pitkin County, Colorado; for so long as the said concrete retaining wall, stairs, sidewalk and fence are used for the same purposes as currently exist and further for so long as the said concrete retaining wall, stairs, sidewalk and fence, or any portion thereof, shall remain attached and/or City Council Ordinance No. 20, Series 2016 Page 4 of 6 appurtenant to the existing structure, a dwelling house, and no longer, together with the right of ingress and egress over said easement and the right to survey, construct, reconstruct, maintain, operate, control and use said concrete retaining wall, stairs, sidewalk and fence, as conveyed from Ralph H. Woodward, Jr. and Patricia Woodward to Luke W. Anthony, Inc., a Colorado Corporation by instrument dated June 26, 1972 and recorded June 30,1972 in Book 264 at Page 787. Historically described as: A tract of land being part of Lot 3, Sunny Park Subdivision, part of vacated Park Avenue and part of the Mascotte Lode U.S.M.S. No. 5867, all in the South one-half of the Southeast quarter of Section 7, Township 10 South, Range 84 West of the Sixth Principal Meridian, Pitkin County, Colorado more particularly described as follows: Beginning at a point5 being the North corner of Lot 3, Sunny Park Subdivision; thence South 52Â°00'00" East 118.of said Lot 3; to line 1-5 of said Mascotte Lode; thence South 45Â°24'29" West 77.95 feet along line 1-5 of said Mascotte Lode; thence South 35Â°53'00" East 9.46 feet; thence South 54Â°07'00" West 37.14 feet to apointon line 4-1 of Mollie Gibson Lode U.S.M.S. No. 4281; thence South 38Â°00'00" West 86.24 feet along Line 4-1 of said Mollie Gibson Lode to a point on the Easterly right-of-Way of Park Avenue; thence North 14Â°22'26" West 67.11 feet along said right-of-way; thence following said right-of-way 5.58 feet along a curve to the right having a radius of 10.00 feet; thence following said right-of-way 75.14 feet along a curve to the left having a radius of 93.93 feet to a point on the Easterly right-of-way of Park Circle; thence following said Easterly right-of-way of Park Circle 12.14 feet alongthe arc ofa curve to the right having a radius of 10.00 feet; thence North 41Â°20'00" East 95.64 feet along said right-of-way to the Point of Beginning. TOGETHER with a non-exclusive easement for the construction, maintenance, inspection, protection, repair and replacement of the existing concrete retaining wall, stairs, sidewalk and fence, through, on, over and across the following described real property, hereinafter referred to as the "easement" to-wit: That portion of Lot 5, Sunny Park Subdivision, Pitkin County, State of Colorado, described as follows: Commencing at a point being the Northwest corner of Lot 3, Sunny Park Subdivision, Pitkin County, State of Colorado, said point also being the Southwest corner of said Lot 5, thence South 52Â°00' East along the Northern boundary line of said Lot 3, said line also being the Southern boundary line of said Lot 5 a distance of 90.00 feet; thence North 38Â°00' East, a distance of 5.0 feet; thence North 52Â°00' West, a distance of 89.71 feet; thence South 41Â°20' West, a distance of 5.01 feet to the point of beginning; the same being appurtenant to Lot 3, Sunny Park Subdivision. Pitkin County, Colorado; for so long as the said concrete retaining wall. stairs, sidewalk and fence are used for the same purposes as currently exist and further for so long as the said concrete retaining wall, stairs, sidewalk and fence, or any portion thereof, shall remain attached and/or appurtenant to the existing structure, a dwelling house, and no longer, together with the right of ingress and egress over said easement and the right to survey, construct, reconstruct, maintain, operate, control and use said concrete retaining wall, stairs, sidewalk and fence, as conveyed from Ralph H. Woodward, Jr. and Patricia Woodward to Luke W. Anthony, Inc. a Colorado Corporation by instrument dated June 26,1972 and recorded June 30,1972 in Book 264 at Page 787. City Council Ordinance No. 20, Series 2016 Page 5 of 6 .icy /. /1 Â·1*el ~--==1!~lf981<JI Il I ;15*-- LI.201 , 11 ........F..7.... 11%4110-MA*51 lilli , u ; Ile 'MIl ' 0~91 N:~23 '.6 1 ~ ? , 404 PARKAVE . f--)- h 1 111 1 A..008,611 1. UNIT 2 ~ UNIT 3 1--P-=:* liP-0-# 1 IFU//1 Ill il UNIT 13 Ir..Â¥\41 4 j \ -41 //A - FT:(1 /1 1,------=f I i -- +EEâ‚¬. CO--1/,1 i t~ -1 uN,r, 1~ , 1,1,evE'yll . - /# 17-4--2=04 1,14:~ 1 1 'El=11, ri ll_ :+- , 11 lili 1% -169.-r===975 1 f i 4 9 .2 nt-11 t ~ ~ re- t,1 44. 1 , TA:6~$4# 7 Â· f-Â»71-=-7 ' I -lu;Tut. 1 i ~./tu, i -- lk==-1 u Â·~ r'.*43 --- , 1 #%7 - - -- #:-G=>.....kâ‚¬ 'C. I. C.M. - It 1 - 11 - - N , r . '7 UN179 -J 12/--IL-* .864~ 1-. 1 1--4 ~ ~ UNITS 4 .- 1- --* ----- * ---U U'IT 8 ----- ~4â€¢ ; 1 .1-4. .- ;1 UAIT 5 UNIT 7 ' .Â»E DISm,CT.. 4 ' ' I.-.....70;,04.- i L./9/ ...'ll.04 7.- -...2 J --- 1 ............1. .Ill Tfu 7 Z-102X te, 01/WI' I.ti 1.-1---. e EXISTING MAIN LEVEL Exhibit B, Setback Variance Locations, Not to Scale 03 oN @OUEU!p.10 Page 6 of 6 Exhibit A.1 - Project Review Staff Findings Chapter 26.445, Planned Development 26.445.050. Project Review Standards. The Project Review shall focus on the general concept for the development and shall outline any dimensional requirements that vary from those allowed in the underlying zone district. The burden shall rest upon an applicant to show the reasonableness of the development application and its conformity to the standards and procedures of this Chapter and this Title. The underlying zone district designation shall be used as a guide, but not an absolute limitation, to the dimensions which may be considered during the development review process. Any dimensional variations allowed shall be specified in the ordinance granting Project Approval. In the review of a development application for a Project Review, the Planning and Zoning Commission or the Historic Preservation Commission, as applicable, and City Council shall consider the following: A. Compliance with Adopted Regulatory Plans. The proposed development complies with applicable adopted regulatory plans. Staff Findings: The property is not subject to any regulatory plans. Staff finds this criterion is not applicable. B. Development Suitability. The proposed Planned Development prohibits development on land unsuitable for development because of natural or man-made hazards affecting the property, including flooding, mudflow, debris flow, fault ruptures, landslides, rock or soil creep, rock falls, rock slides, mining activity including mine waste deposit, avalanche or snowslide areas, slopes in excess of 30%, and any other natural or man-made hazard or condition that could harm the health, safety, or welfare of the community. Affected areas may be accepted as suitable for development if adequate mitigation techniques acceptable to the City Engineer are proposed in compliance with Title 29 - Engineering Design Standards. Conceptual plans for mitigation techniques may be accepted for this standard. The City Engineer may require specific designs, mitigation techniques, and implementation timelines be defined as part of the Detailed Review and documented within a Development Agreement. Staff Findings: The Applicant proposes to remove a planned development designation. No development plans have been proposed; therefore, analysis of these potential hazards have not been identified. Staff finds the criterion is not applicable. C. Site Planning. The site plan is compatible with the context and visual character of the area. In meeting this standard, the following criteria shall be used: 1. The site plan responds to the site's natural characteristics and physical constraints such as steep slopes, vegetation, waterways, and any natural or man-made hazards and allows development to blend in with or enhance said features. 2. The project preserves important geologic features, mature vegetation, and structures or features of the site that have historic, cultural, visual, or ecological importance or contribute to the identity of the town. Page 1 0 f 5 3. Buildings are oriented to public streets and are sited to reflect the neighborhood context. Buildings and access ways are arranged to allow effective emergency, maintenance, and service vehicle access. Staff Findings: Removing a planned development designation will not affect an existing site plan. No development plans are proposed at this time. Stafffinds the criterion is not applicable. D. Dimensions. All dimensions, including density, mass, and height shall be established during the Project Review. A development application may request variations to any dimensional requirement of this Title. In meeting this standard, consideration shall be given to the following criteria: 1. There exists a significant community goal to be achieved through such variations. 2. The proposed dimensions represent a character suitable for and indicative ofthe primary uses of the project. 3. The project is compatible with or enhances the cohesiveness or distinctive identity of the neighborhood and surrounding development patterns, including the scale and massing of nearby historic or cultural resources. 4. The number of off-street parking spaces shall be established based on the probable number of cars to be operated by those using the proposed development and the nature of the proposed uses. The availability of public transit and other transportation facilities, including those for pedestrian access and/or the commitment to utilize automobile disincentive techniques in the proposed development, and the potential for .joint use of common parking may be considered when establishing a parking requirement. 5. The Project Review approval. at City Council's discretion, may include specific allowances for dimensional flexibility between Project Review and Detailed Review. Changes shall be subject to the amendment procedures of Section 26.445.110 - Amendments. Staff Findinws: Currently the subject: property has 14 units with a total of 8,788 sq. ft. offloor area. A maximum floor area of 22,297 sq. ft. would be allowed by right in the Residential Multi-Family (R-MF). The maximum height of the zone district is 32 feet and the maximum height of the existing structures is 28 feet. The propertyiswellbelow boththe alto-wed.floorareaand height requirements established by underlying zoning. This is demonstrated in Table 1. 404 Park Ave. Existing Dimensions Analysis. Page 2 of 5 Table 1. 404 Park Ave. Existing Dimensions Analysis Residential Multi-Family Allowed Existing Dimensions Dimensions Units 14 Units 30 Units' FAR 1.25:12 Floor Area 8,788 sq. ft. 22,297 sq. ft. Max. Unit Size Not available 2,500 sq. ft. Height 32 feet 28 feet Front Yard Setback 5 feet 5 feet Rear Yard Setback 1'8" 5 feet Side Yard Setback 0' 5 feet Minimum Lot Area 17,837.82 sq. ft. 6,000 sq. ft. 14 spaces; however, the applicant may Parking 7 spaces maintain this number under the provisions of 26.515 1 Number of units based on the baseline for the maximum floor area ratio of 1.5:1. Floor area ratios are established on the number of units of an RN/IF development. The maximum allowed FAR of 1.5:1 is permitted where unit densities are equal to or greater than one unit per seven hundred and fifty square feet of Gross Lot Area. 2 The maximum allowed FAR of 1.25:1 is permitted where unit densities are equal to or greater than one unit per one thousand square feet of Gross Lot Area. The setback requirement for multi-family residential is 5 feet for all yards. The planned development overlay allows for greater flexibility when establishing the dimensional requirement of a property. The property has three one story multi-family buildings in the center and rear of the lot and a three story multifamily building facing Park Avenue and Park Circle. The three story building has a stairwell required for egress that encroaches into the south setback. In accordance with 26.575.020.E.5(k), these .features are permitted to encroach into the setback provided they do not exceed 30 inches above or below finished grade. This feature exceeds what is permitted by the Code and removing the planned development designation would create a non-conforming structure. Portions of the one story building to the rear of the property encroaches into both the side yard and rear gard setbacks by nearly seven inches and 1 '4", respectively. Lastly, the east wall of the one story, two unit structure at the most eastern and northern portion of the property projects into the setback by 1 '8" A planned development overlay allows and legally establishes variations *om underlying zoning, including variations from setback requirements. Removing the planned development designation would create non-conformities in these four setback locations. Staff finds the criteria not met. E. Design Standards. The design of the proposed development is compatible with the context and visual character of the area. In meeting this standard, the following criteria shall be used: 1. The design complies with applicable design standards, including those outlined in Chapter 26.410, Residential Design Standards, Chapter 26.412, Commercial Design Standards, and Chapter 26.415, Historic Preservation. Page 3 of 5 2. The proposed materials are compatible with those called for in any applicable design standards, as well as those typically seen in the immediate vicinity. Exterior materials are finalized during Detailed Review, but review boards may set forth certain expectations or conditions related to architectural character and exterior materials during Project Review. Staff FindinEs: The project is Multi-Family Residential as a single use and is not subject to Chapter 26.412 Commercial Design Standards. 404 Park Avenue is not a historic designated property and is not subject to Chapter 26.415, Historic Preservation. The Applicant proposes to remove aplanned development designation. No development plans have been proposed; therefore, the project is not subject to a Residential Design Standards review at this time. Staff finds the criterion is not applicable. F. Pedestrian, bicycle & transit facil ities. The development improves pedestrian. bicycle, and transit facilities. These facilities and improvements shall be prioritized over vehicular facilities and improvements. Any vehicular access points, or curb cuts. minimize impacts on existing or proposed pedestrian, bicycle, and transit facilities. The City may require specific designs, mitigation techniques, and implementation timelines be defined as part of the Detailed Review and documented within a Development Agreement. Staff Findin25: The Applicant proposes to remove a planned development designation. No development plans have been proposed: therefore, analysis of pedestrian, bicycle and transit facilities is not required, Sta#finds the criterion is not applicable. G. Engineering Design Standards. There has been accurate identification of engineering design and mitigation techniques necessary for development of the project to comply with the applicable requirements of Municipal Code Title 29 - Engineering Design Standards and the City of Aspen Urban Runoff Management Plan (URMP). The City Engineer may require specific designs, mitigation techniques, and implementation timelines be defined as part of the Detailed Review and documented within a Development Agreement. Staff Findings: The Applicant proposes to remove a planned development designation. No development plans have been proposed: therefore, identification of neither engineering design or mitigation techniques is required. Stafffinds the criterion is not applicable. H. Public Infrastructure and Facilities. The proposed Planned Development shall upgrade public infrastructure and facilities necessary to serve the project. Improvements shall be at the sole costs of the developer. The City Engineer may require specific designs, mitigation techniques, and implementation timelines be defined as part of the Detailed Review and documented within a Development Agreement. Staff Findings: The Applicant proposes to remove a planned development designation. No development plans have been proposed: therefore, upgrading public infrastructure and facilities is not required. Stafffinds the criterion is not applicable. Page 4 of 5 I. Access and Circulation. The proposed development shall have perpetual unobstructed legal vehicular access to a public way. A proposed Planned Development shall not eliminate or obstruct legal access from a public way to an adjacent property. All streets in a Planned Development retained under private ownership shall be dedicated to public use to ensure adequate public and emergency access. Security/privacy gates across access points and driveways are prohibited. Staff Findings: The Applicant proposes to remove a planned development designation. The property has unobstructed access to both Park Avenue and Park Circle. No development plans have been proposed; so additional analysis of access and circulation is not required. Stafffinds the criterion is not applicable. J. Height and Floor Area Variations. Variations to allowed height and floor area shall be subject to the following review criteria: 1. The proposed increase is necessary to address unique natural or man-made site characteristics, topographical conditions, historic resources, or other natural features; or 2. The proposed increase enables innovative design solutions or furthers stated community goals. Staff Findings: The Applicant proposes to remove a planned development designation. No development plans have been proposed. The maximum floor areafor 14 units on this 17,838 sq. 8. lot is 22,297 sq. ft. and the existing floor area is 8,788 sq. ft. The maximum height on the property is currently 28 feet, while the allowed height is 32 feet. Both the floor area and height are well belo-w the allowed dimensional requirement and no variation is required. Stajffinds the criterion met. Page 5 of 5 Exhibit A.2 -Variance Review Staff Findings Chapter 26.314, Variance A. In order to authorize a variance from the dimensional requirements of Title 26, the appropriate decision-making body shall make a finding that the following three (3) circumstances exist: 1. The grant of variance will be generally consistent with the purposes, goals, objectives and policies of this Title and the Municipal Code; and Staff Findings: The purpose of the City's land use code is very general. It does, however, speak to the legitimate rights and reasonable expectations Of' property owners. Staff believes a reasonable expectation is that zoning limitations are observed and enforced as uniformly as practical. Staff finds the criteria not met. 2. The grant of variance is the minimum variance that will make possible the reasonable use of the parcel, building or structure; and Staff Findings: Staff believes reasonable use of the property already exists and that no variance is necessary to achieve reasonable use. Staff finds the criteria not met. 3. Literal interpretation and enforcement of the terms and provisions of this Title would deprive the applicant of rights commonly enjoyed by other pareels in the same zone district and would cause the applicant unnecessary hardship, as distinguished from mere inconvenience. In determining whether an applicant's rights would be deprived, the Board shall consider whether either of the following conditions apply: a. There are special conditions and circumstances which are unique to the parcel, building or structure, which are not applicable to other pareels, structures or buildings in the same zone district and which do not result from the actions of the applicant; or Staff Findings: The Applicant seeks a variance because the application also requests the planned development overlay be removed. While the encroachment was established prior to the adoption ofthe planned development regulations, the planned development overlay legitimizes the non-conforming aspects ofthe property. Applicant is creating a non-conforming issue by requesting to remove the designation. Staff finds the criteria not met. b. Granting the variance will not confer upon the applicant any special privilege denied the terms of this Title and the Municipal Code to other pareels, buildings or structures, in the same zone district. Staff Findings: Receipt of a setback variance would grant a special privilege not available to other properties. Staff finds the criteria not met. Page 1 of 1 Mineral Estate Owner Notice. By the certified mailing of notice, return receipt requested, to affected mineral estate owners by at least thirty (30) days prior to the date scheduled for the initial public hearing on the application of development. The names and addresses of mineral estate owners shall be those on the current tax records of Pitkin County. At a minimum, Subdivisions, SPAs or PUDs that create more than one lot, new Planned Unit Developments, and new Specially Planned Areas, are subject to this notice requirement. Rezoning or text amendment. Whenever the official zoning district map is in any way to be changed or amended incidental to or as part of a general revision ofthis Title, or whenever the text of this Title is to be amended, whether such revision be made by repeal of this Title and enactment of a new land use regulation, or otherwise, the requirement of an accurate survey map or other sufficient legal description of, and the notice to and listing of names and addresses of owners of real property in the area of the proposed change shall be waived. However, the proposed zoning map shall be available for public inspection in the planning agency during all business hours for fifteen (15) days prior to the public hearing on such amendments. Signature The foregoing "Affidavit ofNotice" was acknowledged before me this 2 / day of.4,-061 , 201-6.,by Ancl'~Â·(A SccÂ»reyh WITNESS MY HAND AND OFFICIAL SEAL My commission expires: JA Lqi W &42 84- -ftÂ®,av Notary Public ~ KAREN REED-PATTERSON~ ATTACHMENTS AS APPLICAB~,E: sl-,A~T~'~:2'8Wt[)0 1 â€¢ COPY OF THE PUBLICATION -t My Commission Expires February 15,202( 4 i NOTARY ID #19964002767 ~ â€¢ PHOTOGRAPH OF THE POSTED NOTICE (SIG_ â€¢ LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED BY MAIL â€¢ APPLICANT CERTIFICATION OF MINERAL ESTAE OWNERS NOTICE AS REQUIRED BY C.R.S. Â§24-65.5-103.3 YULS-3 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: 404 e*â‚¬\Â£ ABL , Aspen, CO SCHEDULED PUBLIC HEARING DATE: hum Acâ€¢-Â·~ AU.OUV 6 e â‚¬: oof vn, 2016 STATE OF COLORADO ) ) SS. County of Pitkin ) I, -7LA <2:,C= C-t...6 (name, please print) being or reptesenting an Applicant to the City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) o f the Aspen Land Use Code in the following manner: \/"~''Publication of notice. By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen at least fifteen (15) days prior to the public hearing. A copy of the publication is attached hereto. Posting of notice: By posting of notice, which form was obtained from the Community Development Department, which was made of suitable, waterproof materials, which was not less than twenty-two (22) inches wide and twenty-six (26) inches high, and which was composed of letters not less than one inch in height. Said notice was posted at least fifteen (15) days prior to the public hearing on the day of , 20 , to and including the date and time of the public hearing. A photograph of the posted notice (sign) is attached hereto. Mailing of notice. By the mailing of a notice obtained from the Community Development Department, which contains the information described in Section 26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to the public hearing, notice was hand delivered or mailed by first class postage prepaid U.S. mail to all owners of property within three hundred (300) feet of the property subject to the development application. The names and addresses of property owners shall be those on the current tax records of Pitkin County as they w : appeared no more than sixty (60) days prior to the date o f the public hearing. A copy of the owners and governmental agencies so noticed is attached hereto. Neighborhood Outreach: Applicant attests that neighborhood outreach, summarized and attached, was conducted prior to the first public hearing as required in Section 26.304.035, Neighborhood Outreach. A copy of the neighborhood outreach summary, including the method of public notification and a copy of any documentation that was presented to the public is attached hereto. (continued on next page) - NOTICE OF PUBLIC HEARING RE: 404 Park Avenue Public Hearing: Monday August ath, 2016, 5:00 Pm Meeting Location: City Hall, Council Chambers 130 S. Gatena St. Aspen, CO 81611 Project Location: 404 Park Avenue, Aspen CO 81611 Legal Description: PID # 2737-074-04-705 404 Park Avenue, legally described as: LOT 3, SUNNY PARK SUBDIVISION RECORDED AT BOOK 3 PAGE 18, THAT PART OF VACATED PARK AVENUE BEING ADJACENT TO SAID LOT 3 ACCORDING TO ORDINANCE NO. 11 (SE- RIES 1972) CITY OF ASPEN RECORDED IN BOOK 265 AT PAGE 1, ALL OF THAT PARCEL OF LAND DESCRIBED IN THE SPECIAL WAR- RANTY DEED AT BOOK 765 AT PAGE 858, PLUS AN EASEMENT ON PORTION OF LOT 5, SUNNY PARK SUBDIVISION, DESCRIBED IN BOOK 264 AT PAGE 187. Description: The Applicant is seeking to rescind a planned development overlay and a setback van- ance for an existing structure, The underlying zon- ing is Residential Multi-Family (RMF). Land Use Reviews Reg: Rescinding a Planned Development Designation, Setback Variance Decision Making Body: City Council Applicant: Fat City LLC, 402 Midland Park, Aspen CO 81611. 970.379.3434 More Information: For further information related to the project, contact Hillary Seminick at the City of Aspen Community Development Department, 130 S. Galena St., Aspen, CO. 970.429.2741, Hill- ary.seminick@cityofapen.com. Published in the Aspen Times on July 21, 2016. (12252885) CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: 404 Park Avenue , Aspen, CODE SCHEDULED PUBLIC HEARING DATE: August 8 , 20 16 STATE OF COLORADO ) ) SS. County of Pitkin ) i, Sara Adams (name, please print) being or representing an Applicant to the City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) of the Aspen Land Use Code in the following manner: Pub/ication of notice: By the publication in the legal notice section of an official Paper or paper of general circulation in the City of Aspen at least fifteen (15) days priorto the public hearing. A copy of the publication is attached hereto. 4 Posting of notice: By posting of notice, which form was obtained from the Community Development Department which was made of suitable, waterproof Materials, which was not less than twenty two (22) inches wide and twenty-six (26) Inches high, and which was composed of letters not less than one inch in height. Said notice was posted at least fifteen (15) days prior to the public hearing on the 22nd day of July , 2016 , to and including the date and time ofthe public hearing. A photograph Of the posted notice (sign) is attached hereto: 4 Mailing of notice. By mailing of a notice obtained from the Community Development Department, which contains the information described in Section 26.304.060(E) (2) of The Aspen Land Use Code. At least fifteen (15) days prior to the public hearing, notice was hand delivered or mailed by first class postage prepaid U.S mail to all owners of property subject to the development application. The names and addresses of property owners shall be those on the current tax records of Pitkin County as they appeared no morethan sixty (60) days prior to the date ofthe public hearing. A copy of the owners and governmental agencies so noticed is attached hereto. Neighborhood Outreach: Applicant attests that neighborhood outreach, summarized and attached, was conducted prior to the first public hearing as required in Section 26.304.035, Neighborhood Outreach. A copy of the neighborhood outreach summary, including the method of public notification and a copy Of any documentation that was presented to the public is attached hereto. (Continued on next page) March, 2016 Citv of Aoen I 130 S. Galena St. I (970) 920 5050 CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT Mineral Estate Owner Notice. By the certified mailing of notice, return receipt requested, To affected mineral estate owners by at least thirty (30) days prior to the date scheduled forthe initial public hearing on the application of development. the names and addresses of mineral estate owners shall be those on the current tax tax records of Pitkin County. At a minimum, Subdivision, Spas or PUDs that create more than one lot, new Planned Unit Development, and new Specially Planned Areas, are subject tothis notices requirement. Rezoning or text amendment. Wheneverthe official zoning district map is in any way to be changed or amended incidental to or as part of a general revision of this Title, to whenever the text of this Title is to be amended, whether such revision be made by repeal of this Title and enactment of new land use regulation, or otherwise, the requirement of an accurate survey map or other significant legal description of, and the notice to and listing of names and addresses of owners of real estate property in the ears of the proposed change shall be waived. However, the proposed zoning during all business hours for fifteen (15) days prior to the public hearing on such amendments. 144 0â‚¬f~ Signature The foregoing "Affidavit Notice" was acknowledged before me this lay of 4 u2j , 20 ~-~' by 6Â®4 4-oll *9 WITNESS MY HAND AND OFFICIAL SEAL TARA L. NELSON My co-m47,ission expires: O11*1-Â» NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20014030017 -C u L NAÂ«] MY COMMISSION EXPIRES 09/26/2017 Notary Public ATTACHMENTS AS APPLICABLE: â€¢ COPY OF THE PUBLICATION â€¢ PHOTOGRAPH OF THE POSTED NOTICES (SIGN) â€¢ LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED BY MAIL â€¢ APPLICANT CERTIFICATION OF MINERAL ESTATE OWNERS NOTICED AS REQIURES BY C. R.S Â§24-65.5-103.3 March, 2016 Citv of Anen I 130 S. Galena St. I (970) 920 5050 4 1-7 0-711(- 33 1% - :i} 2 . 49%5 I : * 3.- . I It 4 + e 41 -1 99Â¥1-1 , PUBLIC NOTICE Date: Apgust 8.2016 Time: 5:00 PM Place: 130 S Galena, Council i Chambers_- City Hall Bsmt f 1 Purpose: Eal<City LLC, at 402 Midfand Park.,.. v 4,11'I j seeks to remove a Planned , '4447 L Developinent overlay and receiGe 4 j solback variance for an existing - 4 nt.'0*.t structure. Land use reviews adude Rescinding a Planned Develop.ment 1 r Designation, Setback Variance. For .- j 4Â¥ further information contact Aspen , 2.. 7 i Pjanning Dept. at -970-429-2741. Â· . 3 .ti,8 4 . i â‚¬24.%3 li"MA. li *& 1 t 9. : - 4 1 2 irr ZÂ·,1 9- 5 1 .r/- ... - 1.4 .1 I I ''~ Iâ€¢â€¢'-Ill â€¢'I.I' IlÂ·' I.. '7 . I.. .'.... -. t:.1 0 .7,171 ..,..1 ;5-F41.;97Â·*.,~RÂ»fjer,Ef~53 p- ,3.-7 11 1- . 7.11 . 1.Ati ~ %- I 77*\ 0 Dll. . i.. +12=2.11.1.7 , NOTICE OF PUBLIC HEARING 404 Park Avenue Project Location: 404 Park Avenue Decision Making Body: City Council THE CITY OF AspEN Hearing Date: August 8, 2016, 5.00 p.m. Hearing Location: City Hall. City Council Chambers; 130 S, 130 S. Galena Street, Galena St: Aspen. CO 81611 Aspen, CO 81611 p: (970} 920.5000 Â£ (970) 920.5197 w,m,aspenpitkin.com Project Description: The Applicant is seeking to rescind a planned development overlay and a setback variance for an existing structure. The underlying zoning is Residential Multi-Family (RMF) Legal Description: Lot 3, Sunny Park Subdivision recorded at Book 3 Page 18, that part of vacated Park Avenue being adjacent to said Lot 3 according to Ordinance No. 11 (Series 1972) City of Aspen recorded in Book 265 at Page 1, all of that parcel of land described in the Special Warranty Deed at Book 765 at Page 858, plus an easement on portion of Lot 5, Sunny Park Subdivision, described in Book 264 at Page 187. Parcel ID: 2737-074-04-705 Applicant: Fat City LLC; 402 Midland Park, Aspen, CO Represented by BendonAdams, More Information: For further information related to the project, contact Hillary Seminick at the City of Aspen Community Development Department, 130 S. Galena St., Aspen. CO, (970) 429,2741, hillary.seminick@cityofaspen.com Pitkin County Mailing List of 300 Feet Radius From Parcel: 273707404705 on 07/13/2016 Cou IN Tlf * Instructions: This document contains a Mailing List formatted to be printed on Avery 5160 Labels. If printing, DO NOT "fit to page" or "shrink oversized pages." This will manipulate the margins such that they no longer line up on the labels sheet. Print actual size. Disclaimer: Pitkin County GIS presents the information and data on this web site as a service to the public. Every effort has been made to ensure that the information and data contained in this electronic system is accurate, but the accuracy may change. Mineral estate ownership is not included in this mailing list. Pitkin County does not maintain a database of mineral estate owners. Pitkin County GIS makes no warranty or guarantee concerning the completeness, accuracy, or reliability of the content at this site or at other sites to which we link. Assessing accuracy and reliability of information and data is the sole responsibility of the user. The user understands he or she is solely responsible and liable for use, modification, or distribution of any information or data obtained on this web site. http://www.pitkinmapsandmore.com GOLDSTEIN GARY L LVG TRUST NO 1 GOLDSTEIN BARBARA E SIMON LVG TRUST RIVERVIEW CONDO 26 LLC 1020 E HOPKINS AVE #7 1020 E HOPKINS AVE #7 1630 A 30TH ST PMB #387 ASPEN, CO 816114109 ASPEN, CO 81611 BOULDER, CO 80301 337 MIDLAND AVE LLC MCGAVOCK MARGARET JANE TRUST WESTERMAN JEFF & TERI PO BOX 559 PO BOX 533 5130 SHOSHONE AVE ASPEN, CO 81612 ASPEN, CO 81612 ENCINO, CA 91316 WEISBARD MARK W RICH VICTORIA CARDWELL ROBERT A 1706 CENTRAL AVE 455 RIDGECORDE 1672 LOUISE ST WILMETTE, IL 60091 CREVE COEUR, MO 63141 LAGUNA BEACH, CA 92651 SMISEK LINDA L E BENTLEY CARL F KALNITSKY EUGENE TRUST 429 PARK CIR C-3 427 PARK CIR 1701 S FLAGLER DR#1601 ASPEN, CO 81611 ASPEN, CO 81611 WEST PALM BEACH, FL 33401 MORK HALBERT L FAMILY TRUST ARAPAHOE LLC GOODMAN DREW I 77 ASPEN WAY 1201 N BIRCH LAKE BLVD 5721 GREEN OAKS DR 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JEROME D FAMILY TRUST 407 PARK AVE #A 407 PARK AVE #B 1211 GULF OF MEXICO DR #901 ASPEN, CO 81611 ASPEN, CO 81611 LONGBOAT KEY, FL 34228 KROMELOW BASIL M & LAUREANNE L DUNIGAN PATRICK A CHAZEN DAVID FRANKLIN 11 55 W DELAWARE PL 4245 N CENTRAL EXPRESSWAY STE 460 150 E 58TH ST 27TH FL CHICAGO, IL 60610 DALLAS, TX 75205 NEW YORK, NY 10155 HERMELIN ASPEN LLC EPSTEN BRADFORD M QPR TRUST EPSTEN VIRGINIA H QPR TRUST 32205 BINGHAM RD 5038 WALNUT ST 1030 W 66TH TERRACE FRANKLIN, MI 48025 KANSAS CITY, MO 641122757 KANSAS CITY, MO 64113 315-317 PARK AVE CONDO ASSOC 328 PARK/327 MIDLAND CONDO ASSOC MIDLAND PARK PLACE CONDO ASSOC COMMON AREA COMMON AREA COMMON AREA 315 PARK AVE 328 PARK AVE 112 MIDLAND PARK PL ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81611 JACOBIE CONDO ASSOC RIVERVIEW CONDO ASSOC SMUGGLER COVE CONDO ASSOC COMMON AREA COMMON AREA COMMON AREA PARK CIR ASPEN, CO 81611 PARK CIR ASPEN, CO 81611 ASPEN, CO 81611 LIEN-TWO CONDO ASSOC MARTHINSSON NOSTDAHL CONDO ASSOC PARK AVENUE CONDO ASSOC COMMON AREA COMMON AREA COMMON AREA PARK AVE 403 PARK AVE 102 PARK AVE ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81611 PARK AVENUE TOWNHOMES CONDO ASSO( PARK CIRCLE CONDO ASSOC PULASKI ADAM & ELIZABETH COMMON AREA COMMON AREA 4410 CAMELLIA LN 407 PARK AVE 425 PARK CIR BELLAIRE, TX 77401 ASPEN, CO 81611 ASPEN, CO 81611 JSDCSASPEN LLC PARK CONDO ASSOC HTM PROPERTIES LLC 3785 NW 65TH LN COMMON AREA 43 A SMUGGLER GROVE RD BOCA RATON, FL 33496 501 PARK AVE ASPEN, CO 81611 ASPEN, CO 81611 WELLS SHARON ELIZABETH KRIGEL SCOTTWTRUST KRIGEL SANFORD P TRUST PO BOX 3100 4520 MAIN ST 4520 MAIN ST BASALT, CO 81621 KANSAS CITY, MO 64111 KANSAS CITY, MO 64111 GREENHILL MICHAEL LOUIS REV TRUST GREENHILL DEBRA MERLE REV TRUST BROOKE TRUST 30 RIPARIAN RD 30 RIPARIAN RD 1024 E HOPKINS #17 HIGHLAND PARK, IL 60035-1909 HIGHLAND PARK, IL 60035 ASPEN, CO 81611 341 PARK LLC CADWALLADER MICHELE C FAMILY TRUST MOONEY TIMOTHY 303 SHORELINE CT 250 GENESEO RD PO BOX 8931 GLENCOE, IL 60022 SAN ANTONIO, TX 78209 ASPEN, CO 81612 KRIEBEL KATHLEEN FISHER CONSTANCE A CUNNINGHAM CAITLYN E PO BOX 910 151 NW 60TH ST 425 PARK CIR #Al ASPEN, CO 81612 SEATTLE, WA 98107 ASPEN, CO 81611 TAYLOR JOHN IAN DELYNN JEAN J GRUBBS MATT 331 MIDLAND AVE 331 MIDLAND AVE 333 MIDLAND AVE #3 ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81611-2412 SAMUELSON ALIX KALNITSKY LINDA BUDIN TRUST WEIGAND NESTOR R JR PO BOX 4324 1701 S FLAGLER DR#1601 150 N MARKET ST BASALT, CO 81621 WEST PALM BEACH, FL 33401 WICHITA, KS 67202 SCHROEDER PATRICIA A REV TRUST KENNEDY WILLIAM W CHILDRENS TRST KENNEDY PATRICIA ANN REV LIV TRUST 36261 SPRUCE TR 218 STEEPLECHASE RD 218 STEEPLECHASE RD PINE RIVER, MN 56474 BARRINGTON HILLS, IL 60010 BARRINGTON, IL 60010 LEE JONATHAN O TRUST LEE BARBARA C TRUST TERKUN MARK 35 FISHER AVE 35 FISHER AVE PO BOX 329 BROOKLINE, MA 02445 BROOKLINE, MA 02445 ASPEN, CO 81612 HITCHCOCK SAMANTHA RACQUET CLUB CONDO ASSOC 165 PARK CIRCLE CONDO PO BOX 329 1000 MATCHLESS DR COMMON AREA ASPEN, CO 81612 ASPEN, CO 81611 ASPEN, CO 81611 ALPINE ACRES #1 CONDO ASSOC ASPEN HILLS CONDO ASSOC ASPEN VIEW CONDO ASSOC 980 GIBSON AVE 160 MIDLAND AVE 326 MIDLAND AVE ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81611 BELINDA BEE CONDO TAILINGS CONDO ASSOC BROWNELL CONDO ASSOC 990 KING ST 424 PARK CIR 996 GIBSON AVE ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81611 COLAS CONDO ASSOC 341 PARK AVE ASPEN, CO 81611 MEMORANDUM TO: Mayor Skadron and City Council FROM: Hillary Seminick, Planner THRU: Jessica Garrow, Community Development Director RE: 404 Park Avenue, Rescinding a Planned Development Designation and Setback Variance Review Ordinance No. 20, Series of 2016 MEETING DATE: July 25,2016, Second Reading is scheduled for August 8,2016 APPLICANT /OWNER: 59&=54#ud#Â£.9,=*%Â£FW.JA..,V- Fat City LLC ma,j/~29,/Ii/6-1/'ll,jip 402 Midland Park, Aspen CO 81611 =ilm .In .1.â€ž1,2 . * 970.379.3434 ......1~ ... I-' -- I REPRESENTATIVE: -119 -UQ Sara Adams, - -- I I -.Â£31- -- Bendon Adams - ..1 --- a. -&. LOCATION: -#I.*hâ€ž47"INME,lal':e"li"lill 404 Park Avenue lir Figure 1. Building 300, looking west CURRENT ZONING: Residential Multi-Family (RMF) Zone District with a Planned Development Overlay FIX SITE MAP 0OOPSIE DAISY. SUMMARY: The Applicant requests to rescind the planned development designation and requests a setback variance for the life of existing structures STAFF RECOMMENDATION: Staff recommends denial of both the request to rescind the planned development overlay and the setback variance 404 Park Avenue - Rescinding a Planned Development Designation July 25,2016 First Reading Memo Page 1 of 6 REOUEST OF THE CITY COUNCIL: The Applicant is requesting the following approvals from City Council: â€¢ Rescinding a Planned Development Designation (Chapter 26.445) to remove the planned development overlay. (City Council is the final review authority.) â€¢ Variance (Chapter 26.314) to grant a setback variance for three existing structures. (Citv Council is the final review authority.) EXISTING CONDITIONS: 404 Park Avenue is located at the corner of Park Avenue and Park Circle. The property has one three story building (Building A), two one story buildings (Buildings B and C) and one two story building (Building D). Staff has provided a marked-up site plan depicting the location of each structure on the lot in Figure 1. Figure 1. 404 Park Avenue Site Improvement Survey i, IN / /i- \\\\:>Il\\ cy , A / LCT 51 \ 1 \ 7 j g, BRA,EL \ Agr / 01 1 PARKÂ»*C TÂ® 5TORY 45, 443% \ BUILDING \4\1 /\ h 2 4-l <3 4- /-00 DECI '2 P .. \ 49; . 42 AU~ 0~ 4't 7.~ 23~i~kei ~ M S ~, 49 ONE sTMY < 4 0 V 13 BUILDING i- - f-0 / 2, i /1 1 e1 lf f, 44 ; , ~ LOT 3 1R, BULDNG ' ONE STORY ' 9 4 @/1/ (\ 1 1"IM,5 45Â« 9-7 $ 1 / 4\ C Â¢ PATio \ .r.* ''~'/~ f ~ Building A i I / \\11 1 \ :\ b/ ~ VACANC~~C~tICE - ,~ 20-14 ' 104 ~ Building B 1 C 1 1 B.. i li 1 1 \2 \ \ DECK 18 J ,--94 tj / I Building C ~ Building D / ~ THREE STORY : 1 1 -- +2 BUILDING . -Lcitif> $ ,Â·41 C - - + I).4 2/.6 \ $ 1 . 9 il : /JI i \ A \14 L 20~33\ % u t 41 U -ENSE ACREEME% T / HATCHIV'~>ENC-~S AREA y 7 REC# 021.30 0, 5 CRI'l ;ANKING~ ' S ti 1 rpc \\ i / 2Â·.96' *AT COR. 3~ } L// - ./0 1 L - 1 - _ J 1 1 1 404 Park Avenue - Rescinding a Planned Development Designation July 25,2016 First Reading Memo Page 2 of 6 3.1/f luva The property is located at Lot 3 of the Sunny Park Subdivision in the Residential Multi-Family zone district with a planned development overlay. The lot is 17,838 sq. ft. and the four buildings have a total 14 units and 8,788 sq. ft. of floor area. The tallest structure, Building A, is 28 feet tall. There are a total of seven parking spaces on the property. Underlying zoning would permit 22,297 sq. ft. of floor area based on the current density of the lot and a maximum height of 32 sq. ft. Table 1. 404 Park Ave. Existing Dimensions Analysis Residential Multi-Family Allowed Existing Dimensions Dimensions Units 14 Units 3 0 Units 1 FAR 1.25:12 Floor Area 8,788 sq. ft. 22,297 sq. ft. Max. Unit Size Not available 2,500 sq. ft. Height 28 feet 32 feet Front Yard Setback 5 feet 5 feet Rear Yard Setback 1'8" 5 feet Side Yard Setback 0' 5 feet Minimum Lot Area 17,837.82 sq. ft. 6,000 sq. ft. 14 spaces; however, the applicant may Parking 7 spaces maintain this number under the provisions of 26.515 1 Number of units based on the baseline for the maximum floor area ratio of 1.5:1. Floor area ratios are established on the numberof units ofan RMF development. The maximum allowed FAR of 1.5: 1 is permitted where unit densities are equal to or greater than one unit per seven hundred and fifty square feet of Gross Lot Area. 2 The maximum allowed FAR of 1.25 : l is permitted where unit densities are equal to or greater than one unit per one thousand square feet of Gross Lot Area. The setback requirement for multi-family residential is 5 feet for all yards. The Building A has two areas of setback encroachment. The building encroaches into the south side yard setback by 1'10" and a stairway, attached to this elevation, encroaches into the south setback an additional 3' 7", for a total encroachment of 5'3". Portions of Building C encroaches into both the side yard and rear yard setbacks by nearly seven inches and 1 '4", respectively. Lastly, the east wall Building D at the projects into the rear yard setback by 1 '8". These setback encroachments are highlighted in Figure 2. Wontinued on the following pagel 404 Park Avenue - Rescinding a Planned Development Designation July 25,2016 First Reading Memo Page 3 of 6 Figure2. Existing Setback Encroachments EEBEaa-Â¥12 ' _ u --*---=64 ! _ 1 + Elt h. [*1 4.. 411' / : il -EZED U M 21,23 1:411 i , 1 .f-- %11 I H UNIT 2 t7Â£-r~ UNIT 3 TI $ 1 I , li-- f 11 UNrl-13â‚¬k li, 4==4==St \\\ '' ; " e- .. , - / 1.1 ' i ! M h I b. I -94 A- 62--- i I /1 ;11 5 / C=tzill .- 7L----37 1 1 I I. L 9 ?11 w 3-144.-77 , I # Atjh#i-Â« 1 Il I,U :C- uan-1 % jl h --- f .)2 - -tzzz-- f-*--____ pEEED-i 1 4 - N U ---7 --- if/57Â»=U h -1 7 U.irs .4 =t- , 7*=a:zy.- i /M . M / 1 ovirs 111 9 F-1. i E-_.~ + ' --Il $4 d /L_, 4 6 8 0 r--- u.,rt 7 11 ----h~ 1 - r f 2 - b=+Ed Â·.' Â·- UU -L-J. 4 HISTORY: There is a considerable lack of information available for this property. The property was annexed into the City in 1966, where it was zoned Residential Multi-Family. The planned development designation was placed on the property nine years later in 1975 when the City adopted a new zoning map and planned unit development regulations. The 1983 and subsequent zoning maps show that the surrounding properties, including the Midland Park and Sunny Park Subdivisions, received planned development designations. The Applicant surmises these properties received planned development designations due to their proximity of the Smuggler Mine as a means to address the challenges associated with developing at the base of both a mountain and a mine. None ofthe properties appear to have had a formal land use review establishing the planned development designation. The building permit file for the property did not yield either building permits nor certificates of occupancy for the structures located on the property. The Pitkin County Assessor shows a 1969 construction date of Building D and the construction dates of Buildings A-C are unknown. 404 Park Avenue - Rescinding a Planned Development Designation July 25,2016 First Reading Memo Page 4 of 6 More recently, an affordable housing and free market residential project known as "Aspen Walk" received approvals (Ordinance No. 19, Series 2011) to merge Lot 3 and Lot 5 of Sunny Park Subdivision. A subdivision plat to merge the two lots has not been filed and the lots are currently under separate ownership. The project is vested until March 8,2017. PROPOSAL: The Applicant proposes to rescind the planned development designation. To address the non- conforming setbacks created by the removal of this designation, the Applicant is requesting a setback variance for the life of the existing structures. While no development is planned at this time, the Applicant intends on developing the property as a 100% affordable housing project that conforms with the underlying RMF zone district dimensional requirements and applicable Aspen Pitkin Housing Authority Guidelines sometime in the future. To rescind the planned development, the Applicant provided three reasons to "show cause"to remove the designation, in addition to addressing the Project Review and Variance criteria. An excerpt ofthis narrative has been included below for Council's consideration. 1) Removingthe PD overlayprohibitsanyunnecessary variationrequests that could conflict with community character and be out of proportion with the neighborhood. After removal of the PD, any future development has to comply with the RMF zone district and the Land Use Code. Meeting current Code requirements and removing the ability to ask .for variations through PD is aligned with community and City Council sentiment toward variations. 2) When a property has a PD overlay, it is required to proceed through a more elaborate process even if no variations are requested. The PD process is very detailed and takes at least a year to complete. Construction level drawings are expected during the land use review process to ensure compliance with Planning, Building, Engineering and Utility requirements. This level of review is understandable considering the magnitude of a typical PD project that is requesting variations and flexibilityfor development. A property with an assigned PD thal is not requesting variations is subject to the same level of scrutiny. The planning, engineering, and architectural costs, extended timeline, and delays associated with a PD review on a 100% affordable housing project with no variations either make the housing project unbuildable or force the owner to ask .for variations to compensate.for the PD process costs. 3) Consideringthe plan for a 100% affordable housing project, future housing residents will be able to change their units, within Land Use Code and APCHA rules, without triggering a lengthy PD amendment process with planning application fees, review time, and extra paperwork. The Applicant's justification for a variance to the setback requirement is that it is an existing non- conformity that was constructed prior to the creation of the planned development section of the code. The intent is to redevelop the property and the Applicant requests the variance be granted for the life of the structure rather than to displace the current tenants in order to bring the structure into conformity. 404 Park Avenue - Rescinding a Planned Development Designation July 25, 2016 First Reading Memo Page 5 of 6 STAFF COMMENTS: RESCINDING THE PLANNED DEVELOPMENT DESIGNATION: Currently the subject property has 14 units with a total of 8,788 sq. ft. of floor area. The lot density would allow for a maximum floor area of 22.297 sq. ft. The maximum height of the zone district is 32 feet and the maximum height of the existing structures is 28 feet. The property is well below both the allowed floor area and height requirements established by underlying zoning. This is demonstrated in Table 1.404 Park Ave. Existing Dimensions Analysis. The setback requirement for multi-family residential is 5 feet for all yards. The existing structures encroach into the setbacks in four areas. A planned development overlay allows and legally establishes variations from underlying zoning, including variations from setback requirements. Removing the planned development designation would create non-conformities in these four setback locations. Staff does not support removing a designation that would create a non- conformity. SETBACK VARIA>ICE: The criteria for receiving a variance (Exhibit A.2) are strict. A property owner must demonstrate that reasonable use of the property has been withheld by the City and can only be achieved by the City providing a variance. In situations where all, or practically all, reasonable use ofa property is made impossible by development regulations, the City has the ability to grant a variance to avoid a "regulatory taking". City staff believes this property has reasonable use. The property owner must demonstrate that his rights, as compared with owners ofsimilar properties, have been deprived. In considering this criterion, the Council must consider unique conditions inherent to the property but which are not the result of the applicant's actions. Staff appreciates that the Applicant inherited the non-conforming aspects of the property upon its acquisition and supports the future intent to develop affordable housing. Removing the planned development designation is in effect a self-created non-conformity for which a variance must be granted. Staffdoes not believe this application meets the City's strict standards for a variance. Staff recommends denial ofthe variance. RECOMMENDATION: Staff recommends denial of the request to rescind a planned development designation and the granting of a setback variance for the existing structures. PROPOSED MOTION: CALL motions written in the affirmative) "1 move to approve Ordinance 20, Series 2016, City Council grant approval for a Planned Development, Major Amendment to a Project Review, on First Reading. Attachments: Exhibit A.1 - Planned Development Project Review Criteria, Staff Findings Exhibit A.2 - Variance Review Criteria, Staff Findings Exhibit B - Application 404 Park Avenue - Rescinding a Planned Development Designation July 25,2016 First Reading Memo Page 6 of 6 ORDINANCE NO. 20 (SERIES OF 2016) A ORDINANCE OF THE ASPEN CITY COUNCIL GRANTING AN APPROVAL TO RESCIND A PLANNED DEVELOPMENT DESIGNATION AND A SETBACK VARIANCE THE PROPERTY LEGALLY DESCRIBED IN EXHIBIT A TO THIS ORDINANCE, COMMONLY KNOWN AS 404 PARK AVENUE, CITY OF ASPEN, PITKIN COUNTY, COLORADO. Parcel ID: 2737-074-04-705 WHEREAS, the Community Development Department received an application for the Aspen Alps Subdivision and Planned Unit Development (the Application) from Aspen Alps Condominium Association (Applicant), represented by Alan Richman Planning Services for the following land use review approvals: â€¢ Variance, pursuant to Land Use Code Chapter 26.314; and, â€¢ Rescind a Planned Development Designation, pursuant to Land Use Code Chapter 26.445; and, WHEREAS, the subject property is zoned Residential Multi-Family (RMF) with a Planned Development (PD) Overlay; and, WHEREAS, all code citation references are to the City of Aspen Land Use Code in effect on the day of initial application - June 7,2016, as applicable to this Project; and, WHEREAS, the Application for the Aspen Alps Subdivision/PD proposes to remove a planned development designation and requests a setback variance for the life of three existing structures; and, WHEREAS, the Planning and Zoning Commission reviewed the Application at a duly noticed public hearing on May 3,2016, and continued to May 17,2016; and, WHEREAS, during a duly noticed public hearing on August 22, 2016, the Aspen City Council approved Ordinance No. , Series of 2016, by a to (_-3 vote approving for Subdivision/Planned Development Planned Development - Project Review, as identified herein, with the recommended conditions of approval listed hereinafter. NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO THAT: Section 1:Approvals Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the City Council grant approval to rescind a planned development designation and grant setback variances, subject to the recommended conditions of approval as listed herein. All conditions outlined in all previous approvals remain valid and in effect except as modified herein. Section 2: Approved Dimensions The following setback variances are granted for the life of the structures, as further described in Exhibit B to this Ordinance. City Council Ordinance No. 20, Series 2016 Page 1 of 4 Table 1. Setback Variance Dimensions Residential Multi-Family Allowed Setback Existing Dimensions Dimensions Front Yard Setback 5 feet 5 feet Rear Yard Setback 1'8" 5 feet Side Yard Setback 0' 5 feet Section 3: At[ material representations and commitments made by the Applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the Community Development Department, the Planning and Zoning Commission, or the Aspen City Council are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by other specific conditions or an authorized authority. Section 4: This Ordinance shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 5: If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the 25th of July, 2016. FINALLY, adopted, passed and approved this 8th day of August. 2016. Attest: Linda Manning, City Clerk Steven Skadron, Mayor Approved as to form: James R. True, City Attorney Attachments: Exhibit A: Legal Description Exhibit B: Approved Drawings City Council Ordinance No. 20, Series 2016 Page 2 of 4 Exhibit A, Legal Description A Tract of land being all of Lot 3, Sunny Park Subdivision recorded at Book 3 Page 18, that part of vacated Park Avenue being adjacent to said Lot 3 according to Ordinance No. 11 (Series 1972) City of Aspen recorded in Book 265 at Page 1 and all of that parcel of land described in the Special Warranty Deed at Book 765 Page 858, all in the South one-half of the Southeast Quarter of Section 7. Township 10 South, Range 84 West of the 6th P.M., Pitkin County, Colorado more particularly described as follows: Beginning at a point, being the North Corner of said Lot 3, Sunny Park Subdivision; thence S52Â°00'00"E a distance of 120.62 feet along the North line of said Lot 3 to the Northeast corner of said Lot 3 being a point on the Westerly boundary of Midland Park Subdivision as recorded in Book 6 at Page 138 and being a point on the Line 5-1 of the U.S.M.S. Mascotte Lode #5867; thence S45Â°21'00"W a distance of 77.96 feet along the Easterly boundary of said Lot 3 also being the Westerly line of said Midland Park Subdivision and the Line 5-1 of said U.S.M.S. Mascotte; thence S35Â°53'00"E a distance of 9.46 feet along the boundary of said Midland Park Subdivision; thence S54Â°07'00"W a distance of 45.95 feet along the Westerly line of said Midland Park Subdivision to a point on the Easterly line of said Lot 3 also being on the Line 4-1 ofthe U.S.M.S. Mollie Gibson Lode # 4281 AM; thence S38Â°00'00"W a distance of 79.73 feet along the Easterly line of said Lot 3 also being alongthe Line 4-1 of said U.S.M.S. Mollie Gibson Lode to a point on the Southerly boundary of said Park Avenue vacation; thence along said Park Avenue vacation boundary the following four (4) courses: N 14Â°22'26"W a distance of 67.09 feet; thence; 5.58 feet along the arc of a curve to the right having a radius of 10.00 feet, a central angle of 31Â°58'16" and subtending a chord bearing ofN01Â°36'42"E a distance of 5.51 feet; thence 75.14 feet along the arc of reverse curve having a radius of 93.93 feet, a central angle of 45Â°50'03" and subtending a chord bearing ofN05Â°19'12"W a distance of 73.15 feet; thence 12.14 feet along thearc of areverse curve, having a radius of 10.00 feet, a central angle of 69Â°33'25" and subtending a chord bearing of N06Â°32'29"E a distance of 12.14 feet; thence N41Â°20'00"IE a distance of 3.99 feet to the Southwesterly Corner of said Lot 3; thence N41Â°20'00"E a distance of 91.65 feet along the Westerly line of said Lot 3 to the point of beginning. TOGETHER with a non-exclusive easement for the construction, maintenance, inspection, protection, repair and replacement of the existing concrete retaining wall, stairs, sidewalk and fence, through, on, over and across the following described real property, hereinafter referred to as the "easement" to-wit: That portion of Lot 5, Sunny Park Subdivision, Pitkin County, State of Colorado, described as follows: Commencing at a point being the Northwest corner of Lot 3, Sunny Park Subdivision, Pitkin County, State of Colorado, said point also being the Southwest corner of said Lot 5, thence South 52Â°00' East along the Northern boundary line of said Lot 3, said line also being the Southern boundary line of said Lot 5 a distance of 90.00 feet; thence North 38Â°00' East, a distance of 5.0 feet; thence North 52Â°00' West, a distance of 89.71 feet; thence South 41Â°20' West, a distance of 5.01 feet to the point of beginning; the same being appurtenant to Lot 3, Sunny Park Subdivision, Pitkin County, Colorado; for so long as the said concrete retaining wall, stairs, sidewalk and fence are used for the same purposes as currently exist and further for so long as the said concrete retaining wall, stairs, sidewalk and fence, or any portion thereof, shall remain attached and/or City Council Ordinance No. 20, Series 2016 Page 3 of 4 appurtenant to the existing structure, a dwelling house, and no longer, together with the right of ingress and egress over said easement and the right to survey, construct, reconstruct. maintain, operate, control and use said concrete retaining wall, stairs, sidewalk and fence, as conveyed from Ralph H. Woodward, Jr. and Patricia Woodward to Luke W. Anthony, Inc., a Colorado Corporation by instrument dated June 26, 1972 and recorded June 30.1972 in Book 264 at Page 787. Historically described as: A tract of land being part of Lot 3, Sunny Park Subdivision, part of vacated Park Avenue and part of the Mascotte Lode U.S.M.S. No. 5867, all in the South one-half of the Southeast quarter of Section 7, Township 10 South, Range 84 West of the Sixth Principal Meridian, Pitkin County, Colorado more particularly described as follows: Beginning at a point, being the North corner of Lot 3, Sunny Park Subdivision; thence South 52Â°00'00" East 118.of said Lot 3; to line 1-5 of said Mascotte Lode; thence South 45Â°24'29" West 77.95 feet along line 1-5 of said Mascotte Lode; thence South 35Â°53'00" East 9.46 feet; thence South 54Â°07'00" West 37.14 feet to apoint on line 4-1 of Mollie Gibson Lode U.S.M.S. No. 4281; thence South 38Â°00'00" West 86.24 feet along Line 4-1 of said Mollie Gibson Lode to a point on the Easterly right-of-Way of Park Avenue; thence North 14Â°22'26" West 67.11 feet along said right-of-way; thence following said right-of-way 5.58 feet along a curve to the right having a radius of 10.00 feet; thence following said right-of-way 75.14 feet along a curve to the left having a radius of 93.93 feet to a point on the Easterly right-of-way of Park Circle; thence following said Easterly right-of-way of Park Circle 12.14 feet along the arc of a curve to the right having a radius of 10.00 feet; thence North 41Â°20'00" East 95.64 feet along said right-of-way to the Point of Beginning. TOGETHER with a non-exclusive easement for the construction, maintenance, inspection, protection, repair and replacement of the existing concrete retaining wall, stairs, sidewalk and fence, through, on, over and across the following described real property, hereinafter referred to as the "easement" to-wit: That portion of Lot 5, Sunny Park Subdivision, Pitkin County, State of Colorado, described as follows: Commencing at a point being the Northwest corner of Lot 3, Sunny Park Subdivision. Pitkin County, State of Colorado, said point also being the Southwest corner of said Lot 5, thence South 52Â°00' East along the Northern boundary line of said Lot 3, said line also being the Southern boundary line of said Lot 5 a distance of 90.00 feet; thence North 38Â°00' East, a distance of 5.0 feet; thence North 52Â°00' West, a distance of 89.71 feet; thence South 41Â°20' West, a distance of 5.01 feet to the point of beginning; the same being appurtenant to Lot 3, Sunny Park Subdivision, Pitkin County, Colorado; for so long as the said concrete retaining wall, stairs, sidewalk and fence are used for the same purposes as currently exist and further for so long as the said concrete retaining wall. stairs, sidewalk and fence, or any portion thereof, shall remain attached and/or appurtenant to the existing structure, a dwelling house, and no longer, together with the right of ingress and egress over said easement and the right to survey, construct, reconstruct, maintain, operate, control and use said concrete retaining wall, stairs, sidewalk and fence, as conveyed from Ralph H. Woodward, Jr. and Patricia Woodward to Luke W. Anthony, Inc. a Colorado Corporation by instrument dated June 26,1972 and recorded June 30,1972 in Book 264 at Page 787. City Council Ordinance No. 20, Series 2016 Page 4 0 f 4 Exhibit A.1 - Project Review Staff Findings Chapter 26.445, Planned Development 26.445.050. Project Review Standards. The Project Review shall focus on the general concept for the development and shall outline any dimensional requirements that vary from those allowed in the underlying zone district. The burden shall rest upon an applicant to show the reasonableness of the development application and its conformity to the standards and procedures of this Chapter and this Title. The underlying zone district designation shall be used as a guide, but not an absolute limitation, to the dimensions which may be considered during the development review process. Any dimensional variations allowed shall be specified in the ordinance granting Project Approval. In the review of a development application for a Project Review, the Planning and Zoning Commission or the Historic Preservation Commission, as applicable. and City Council shall consider the following: A. Compliance with Adopted Regulatory Plans. The proposed development complies with applicable adopted regulatory plans. Staff Findines: The property is not subject to any regulatory plans. Staff finds this criterion is not applicable. B. Development Suitability. The proposed Planned Development prohibits development on land unsuitable for development because of natural or man-made hazards affecting the property, including flooding, mudflow, debris flow, fault ruptures, landslides, rock or soil creep, rock falls, rock slides, mining activity including mine waste deposit, avalanche or snowslide areas, slopes in excess of 30%, and any other natural or man-made hazard or condition that could harm the health, safety, or welfare of the community. Affected areas may be accepted as suitable for development if adequate mitigation techniques acceptable to the City Engineer are proposed in compliance with Title 29 - Engineering Design Standards. Conceptual plans for mitigation techniques may be accepted for this standard. The City Engineer may require specific designs, mitigation techniques, and implementation timelines be defined as part of the Detailed Review and documented within a Development Agreement. Staff Findings: The Applicant proposes to remove a planned development designation. No development plans have been proposed; therefore, analysis of these potential hazards have not been identified. Staff finds the criterion is not applicable. C. Site Planning. The site plan is compatible with the context and visual character of the area. In meeting this standard. the following criteria shall be used: 1. The site plan responds to the site's natural characteristics and physical constraints such as steep slopes, vegetation, waterways, and any natural or man-made hazards and allows development to blend in with or enhance said features. 2. The project preserves important geologic features, mature vegetation, and structures or features of the site that have historic, cultural, visual, or ecological importance or contribute to the identity of the town. Page 1 0 f 5 3. Buildings are oriented to public streets and are sited to reflect the neighborhood context. Buildings and access ways are arranged to allow effective emergench maintenance, and service vehicle access. Staff Findings: Removing a planned development designation will not affect an existing site plan. No development plans are proposed at this time. Stafffinds the criterion is not applicable. D. Dimensions. All dimensions, including density, mass, and height shall be established during the Project Review. A development application may request variations to any dimensional requirement of this Title. In meeting this standard, consideration shall be given to the following criteria: 1. There exists a significant community goal to be achieved through such variations. 2. The proposed dimensions represent a character suitable for and indicative ofthe primary uses of the project. 3. The project is compatible with or enhances the cohesiveness or distinctive identity of the neighborhood and surrounding development patterns, including the scale and massing of nearby historic or cultural resources. 4. The number of off-street parking spaces shall be established based on the probable number of cars to be operated by those using the proposed development and the nature of the proposed uses. The availability of public transit and other transportation facilities, including those for pedestrian access and/or the commitment to utilize automobile disincentive techniques in the proposed development, and the potential for joint use of common parking may be considered when establishing a parking requirement. 5. The Project Review approval, at City Council's discretion, may include specific allowances for dimensional flexibility between Project Review and Detailed Review. Changes shall be subject to the amendment procedures of Section 26.445.110 - Amendments. Staff Findin*s: Currently the subject property has 14 units with a total of' 8,788 sq. ft. offloor area. A maximum floor area of 22,297 sq..ft. would be allowed by right in the Residential Multi-Family (RMF). The maximum height ofthe zone district is 32 feet and the maximum height ofthe existing structures is 28.feet. The property is well below both the allowed.floor area and height requirements established by underlying zoning. This is demonstrated in Table 1.404 Park Ave. Existing Dimensions Analysis. Page 2 of 5 Table 1. 404 Park Ave. Existing Dimensions Analysis Residential Multi-Family Allowed Existing Dimensions Dimensions Units 14 Units 30 Unitsl FAR 1.25:12 Floor Area 8,788 sq. ft. 22,297 sq. ft. Max. Unit Size Not available 2,500 sq. ft. Height 32 feet 28 feet Front Yard Setback 5 feet 5 feet Rear Yard Setback 1'8" 5 feet Side Yard Setback 0' 5 feet Minimum Lot Area 17,837.82 sq. ft. 6.000 sq. ft. 14 spaces; however, the applicant may Parking 7 spaces maintain this number under the provisions of26.515 1 Number of units based on the baseline for the maximum floor area ratio of 1.5:1. Floor area ratios are established on the number of units of an RMF development. The maximum allowed FAR of 1.5:1 is permitted where unit densities are equal to or greater than one unit per seven hundred and fifty square feet of Gross Lot Area. 2 The maximum allowed FAR of 1.25:1 is permitted where unit densities are equal to or greater than one unit per one thousand square feet of Gross Lot Area. The setback requirement for multi-family residential is 5 feet for all yards. The planned development overlay allows for greater flexibility when establishing the dimensional requirement of a property. The property has three one story multifamily buildings in the center and rear of the lot and a three story multi-family building facing Park Avenue and Park Circle. The three story building has a stair-well required for egress that encroaches into the south setback. In accordance with 26,575.020.E.5(JO, these features are permitted to encroach into the setback provided they do not exceed 30 inches above or below finished grade. This feature exceeds what is permitted by the Code and removing the planned development designation would create a non-conforming structure. Portions of the one story building to the rear of the property encroaches into both the side yard and rear yard setbacks by nearly seven inches and 1 '4 ", respectively. Lastly, the east wall of the one story, two unit structure at the most eastern and northern portion of the property projects into the setback by 1 '8 " A planned development overlay allows and legally establishes variations from underlying zoning, including variations from setback requirements. Removing the planned development designation would create non-conformities in these four setback locations. Staff finds the criteria not met. E. Design Standards. The design of the proposed development is compatible with the context and visual character of the area. In meeting this standard, the following criteria shall be used: 1. The design complies with applicable design standards, including those outlined in Chapter 26.410, Residential Design Standards, Chapter 26.412, Commercial Design Standards, and Chapter 26.415, Historic Preservation. Page 3 of 5 2. The proposed materials are compatible with those called for in any applicable design standards, as well as those typically seen in the immediate vicinity. Exterior materials are finalized during Detailed Review, but review boards may set forth certain expectations or conditions related to architectural character and exterior materials during Project Review. Staff Findings: The project is Multi-Family Residential as a single use and is not subject to Chapter 26.412 Commercial Design Standards. 404 Park Avenue is not a historic designated property and is not subject to Chapter 26.415, Historic Preservation. The Applicant proposes to remove aplanned development designation. No development plans have been proposed; therefore, the project is not subject to a Residential Design Standards review at this time. Staff.finds the criterion is not applicable. F. Pedestrian, bicycle & transit facilities. The development improves pedestrian, bicycle, and transit facilities. These facilities and improvements shall be prioritized over vehicular facilities and improvements. Any vehicular access points, or curb cuts, minimize impacts on existing or proposed pedestrian, bicycle, and transit facilities. The City may require specific designs, mitigation techniques, and implementation timelines be defined as part of the Detailed Review and documented within a Development Agreement. Staff Findings: The Applicant proposes to remove a planned development designation. No development plans have been proposed; therefore, analysis of pedestrian, bicycle and transit facilities is not required. Stafffinds the criterion is not applicable. G. Engineering Design Standards. There has been accurate identification of engineering design and mitigation techniques necessary for development of the project to comply with the applicable requirements of Municipal Code Title 29 - Engineering Design Standards and the City of Aspen Urban Runoff Management Plan (URMP). The City Engineer may require specific designs, mitigation techniques, and implementation timelines be defined as part of the Detailed Review and documented within a Development Agreement. Staff Findings: The Applicant proposes to remove a planned development designation. No development plans have been proposed, therefore, identification of neither engineering design or mitigation techniques is required. Stafffinds the criterion is not applicable. H. Public Infrastructure and Facilities. The proposed Planned Development shall upgrade public infrastructure and facilities necessary to serve the project. Improvements shall be at the sole costs of the developer. The City Engineer may require specific designs, mitigation techniques. and implementation timelines be defined as part of the Detailed Review and documented within a Development Agreement. Staff Findings: The Applicant proposes to remove a planned development designation. No development plans have been proposed; therefore, upgrading public infrastructure andfacilities is not required. Staff finds the criterion is not applicable. Page 4 of 5 I. Access and Circulation. The proposed development shall have perpetual unobstructed legal vehicular access to a public way. A proposed Planned Development shall not eliminate or obstruct legal access from a public way to an adjacent property. All streets in a Planned Development retained under private ownership shall be dedicated to public use to ensure adequate public and emergency access. Security/privacy gates across access points and driveways are prohibited. Staff Findings: The Applicant proposes to remove a planned development designation. The property has unobstructed access to both Park Avenue and Park Circle. No development plans have been proposed; so additional analysis ofaccess and circulation is not required. Stafffinds the criterion is not applicable. J. Height and Floor Area Variations. Variations to allowed height and floor area shall be subject to the following review criteria: 1. The proposed increase is necessary to address unique natural or man-made site characteristics, topographical conditions, historic resources, or other natural features; or 2. The proposed increase enables innovative design solutions or furthers stated community goals. Staff Findings: The Applicant proposes to remove a planned development designation. No development plans have been proposed. The maximumfloor area for 14 units on this 17,838 sq.ft. lot is 22,297 sq. ft. and the existing floor area is 8,788 sq. ft. The maximum height on the property is currently 28 feet, while the allowed height is 32 feet. Both the floor area and height are well below the allo-wed dimensional requirement and no variation is required. Staffinds the criterion met. Page 5 of 5 Exhibit A.2 -Variance Review Staff Findings Chapter 26.314, Vari ance A. In order to authorize a variance from the dimensional requirements of Title 26, the appropriate decision-making body shall make a finding that the following three (3) circumstances exist: 1. The grant of variance will be generally consistent with the purposes, goals, objectives and policies of this Title and the Municipal Code; and Staff Findinlls: The purpose of the City's land use code is very general. It does, however, speak to the legitimate rights and reasonable expectations of property owners. Staff believes a reasonable expectation is that zoning limitations are observed and enforced as uniformly as practical. Staff finds the criteria not met. 2. The grant of variance is the minimum variance that will make possible the reasonable use of the parcel, building or structure; and Staff Findinws: Staff believes reasonable use of the property already exists and that no variance is necessary to achieve reasonable use. Staff finds the criteria not met. 3. Literal interpretation and en forcement of the terms and provisions of this Title would deprive the applicant of rights commonly enjoyed by other pareels in the same zone district and would cause the applicant unnecessary hardship, as distinguished from mere inconvenience. In determining whether an applicant's rights would be deprived, the Board shall consider whether either of the following conditions apply: a. There are special conditions and circumstances which are unique to the parcel, building or structure, which are not applicable to other parcels, structures or buildings in the same zone district and which do not result from the actions of the applicant; or Staff Findings: The Applicant seeks a variance because the application also requests the planned development overlay be removed. While the encroachment was established prior to the adoption ofthe planned development: regulations, the planned development overlay legitimizes the non-conforming aspects of the property. Applicant is creating a non-confbrming issue by requesting to remove the designation. Staff finds the criteria not met. b. Granting the variance will not confer upon the applicant any special privilege denied the terms of this Title and the Municipal Code to other parcels, buildings or structures, in the same zone district. Staff Findings: Receipt of a setback variance would gran:t a special privilege not available to other properties. Staff finds the criteria not met. Page 1 of 1 Â® BendonAdams Ms. Jessica Garrow RECEIVED Community Development Director 130 S. Galena St., 3rd Floor JUL O 5 2016 Aspen, CO 81611 CITY OF ASPEN June 3, 2016 COMAÂ«JNITY DEVELOPMEM Updated July 5, 2016 Re: Application to Rescind Planned Development Overlay at 404 Park Avenue Dear Jessica, I respectfully submit an application to rescind the Planned Development Overlay at 404 Park Avenue, Lot 3 of the Sunny Park Subdivision. As explained in the background section of this application, a Planned Development overlay was placed on the property during a complete rewrite of the Zoning Code in 1975. The owner is interested in removing the existing building(s) and developing a 100% affordable housing project within the allowances of the Residential Multi-family Zone District (RMF), the Land Use Code, and the Aspen Pitkin County Housing Authority Guidelines. The first step to the future affordable housing development is a request to remove the PD overlay. Please find a complete land use application for Step One of the pre-application summary dated January 20, 2016. Do not hesitate to contact me with any questions or additional information needed to facilitate your review. 3jpe,rely, 'h", tâ‚¬L , Sara Adams, AICP Principal BendonAdams sara@bendonadams.com Exhibits: A - Written description of proposal including existing conditions and response to review criteria B- Land Use application and dimensional requirement form C - Site improvement survey D - Vicinity Map E - Fee agreement F - Proof of ownership G - Authorization to Represent H - HOA compliance form 1 - Pre application Summary J - Existing conditions drawings K - Response to review criteria - PD and Variance provided 7/5/16 L - Ordinance 11, Series of 1972 provided 7/5/16 300 SO SPRING ST I 202 I ASPEN, CO 81611 970.925.2855 1 BENDONADAMS.COM Exhibit K - Planned Development Project Review Criteria and Setback Variance Review Criteria (provided 7/5/16) 26.445.050. Project Review Standards. The Project Review shall focus on the general concept for the development and shall outline any dimensional requirements that vary from those allowed in the underlying zone district. The burden shall rest upon an applicant to show the reasonableness of the development application and its conformity to the standards and procedures of this Chapterand this Title. The underlying zone district designation shall be used as a guide, but not an absolute limitation, to the dimensions which may be considered during the development review process. Any dimensional variations allowed shall be specified in the ordinance granting Project Approval. In the review of a development application for a Project Review, the Planning and Zoning Commission or the Historic Preservation Commission, as applicable, and City Council shall considerthe following: A. Compliance with Adopted Regulatory Plans. The proposed development complies with applicable adopted regulatory plans. The proposal to remove the planned development overlay on the property is not subject to any applicable regulatory plans. B. Development Suitability. The proposed Planned Development prohibits development on land unsuitable for development because of natural or man-made hazards affecting the property, including flooding, mudflow, debris flow, fault ruptures, landslides, rock or soil creep, rock falls, rock slides, mining activity including mine waste deposit, avalanche or snowslide areas, slopes in excess of 30%, and any other natural or man-made hazard or condition that could harm the health, safety, or welfare of the community. Affected areas may be accepted as suitable for development if adequate mitigation techniques acceptable to the City Engineerare proposed in compliance with Title 29 - Engineering Design Standards. Conceptual plans for mitigation techniques may be accepted for this standard. The City Engineer may require specific designs, mitigation techniques, and implementation timelines be defined as part of the Detailed Review and documented within a Development Agreement. Not applicable. The proposal to rescind the Planned Development overlay does not affect the currently developed property located at 404 Park Ave. C. Site Planning. The site plan is compatible with the context and visual character of the area. In meeting this standard, the following criteria shall be used: 1. The site plan responds to the site's natural characteristics and physical constraints such as steep slopes, vegetation, waterways, and any natural or man-made hazards and allows development to blend in with or enhance said features. 2. The project preserves important geologic features, mature vegetation, and structures or features of thesitethat have historic, cultural, visual, orecological importance orcontribute tothe identity of the town. 3. Buildings are oriented to public streets and are sited to reflect the neighborhood context. Buildings and access ways are arranged to allow effective emergency, maintenance, and service vehicle access. Not applicable. The proposal to rescind the Planned Development overlay does not affect the site plan Of the property. No changes are proposed to the site plan with this application. D. Dimensions. All dimensions, including density, mass, and height shall be established during the Project Review. A development application may request variations to any dimensional requirement of this Title. In meeting this standard, consideration shall be given to the following criteria: 1. There exists a significant community goal to be achieved through such variations. 2. The proposed dimensions represent a character suitable for and indicative of the primary uses ofthe project. 3. The project is compatible with or enhances the cohesiveness or distinctive identity of the neighborhood and surrounding development patterns, including the scale and massing of nearby historical or cultural resources. 4. The number of off-street parking spaces shall be established based on the probable number of cars to be operated by those using the proposed development and the nature of the proposed uses. The availability of public transit and other transportation facilities, including those for pedestrian access and/or the commitment to utilize automobile disincentive techniques in the proposed development, and the potential for joint use of common parking may be considered when establishing a parking requirement. 5. The Project Review approval, at City Council's discretion, may include specific allowances for dimensional flexibility between Project Review and Detailed Review. Changes shall be subject to the amendment procedures of Section 26.445.110- Amendments. The proposal does not requestdimensional variations; as such, the review criteriaare notapplicable. There are 14 units, which provides an allowable floor area of 1,25:1 or 22,297 4 of floor area. The current building combined are a total Of about 8,788 sf of floor area. Allowable height is 32 ft. for the existing density, and the tallest building on the property measures 28 ft. The property conforms to the underlying RMF Zone District. There are existing setback nonconformities atthe south and east Of the property. Please refer to Sheets Z- 101 to 103 for specific setbacks: â€¢ A maximum 1'8" setback for a portion Of two buildings at the rear (east) lot line where 5' is required; â€¢ A maximum 0' setback for exterior stair at the side (south) lot line (which may be exempted from setback requirements as required by Building Code for egress) where 5' is required; â€¢ A maximum 1' 11" for the exterior balcony at the side (south) lot line where 5' is required; The buildings were built before a Planned Development overlay was placed on the property. The legal nonconformity related to setbacks was never formally memorialized in the Planned Development overlay: the project does not need the Planned Development to vary dimensional standards. The same setback non-conformity that existed in 1969 when the property was built, will remain until the property is redeveloped at which time all setback requirements will be met. There are no new non-conformities created by rescinding the Planned Development and applying the RMF Zone District. Should Staff and City Council find it applicable, review criteria addressing setback variances are provided below. E. Design Standards. The design of the proposed development is compatible with the context and visual characterof the area. In meeting this standard, the following criteria shall be used: 1. The design complies with applicable design standards, includingthoseoutlined in Chapter 26.410, Residential Design Standards, Chapter 26.412, Commercial Design Standards,and Chapter 26.415, Historic Preservation. 2. The proposed materials are compatible with those called for in any applicable design standards, as well as those typically seen in the immediate vicinity. Exterior materials are finalized during Detailed Review, but review boards may set forth certain expectations or conditions related to architectural character and exterior materials during Project Review. Not applicable. The existing development is not proposed to change. F. Pedestrian, bicycle &transit facilities. The development improves pedestrian, bicycle, and transit facilities. These facilities and improvements shall be prioritized over vehicular facilities and improvements. Any vehicular access points, or curb cuts, minimize impacts on existing or proposed pedestrian, bicycle, and transit facilities. The City may require specific designs, mitigation techniques, and implementation timelines be defined as part of the Detailed Review and documented within a Development Agreement. Not applicable. No change to the existing development. G. Engineering Design Standards. There has been accurate identification of engineering design and mitigation techniques necessary for development of the project to comply with the applicable requirements of Municipal Code Title 29 - Engineering Design Standards and the City of Aspen Urban Runoff Management Plan (URMP). The City Engineer may require specific designs, mitigation techniques, and implementation timelines be defined as part of the Detailed Review and documented within a Development Agreement. Not applicable. No change to the existing development. H. Public Infrastructure and Facilities. The proposed Planned Development shall upgrade public infrastructure and facilities necessary to serve the project. Improvements shall be at the sole costs of the developer. The City Engineer may require specific designs, mitigation techniques, and implementation timelines be defined as part of the Detailed Review and documented within a Development Agreement. Not applicable. No change to the existing development. 1. Access and Circulation. The proposed development shall have perpetual unobstructed legal vehicular access to a public way. A proposed Planned Development shall not eliminate or obstruct legal access from a public way to an adjacent property. All streets in a Planned Development retained under private ownership shall be dedicated to public use to ensure adequate public and emergency access. Security/privacy gates across access points and driveways are prohibited. Not applicable. No change to the existing development. 26.314.040. Standards applicable to variances. A. In order to authorize a variance from the dimensional requirements of Title 26, the appropriate decision-making body shall make a finding that the following three (3) circumstances exist: 1. The grant of variance will be generally consistent with the purposes, goals, objectives and policies of this Title and the Municipal Code; and The proposed variances for areas of the existing building that sit within required setbacks are for an existing condition that was constructed in 1969 and has been in place for almost 50 years. 2. The grant of variance is the minimum variance that will make possible the reasonable use of the parcel, building or structure; and The grant Of variance is the minimum variance for the existing conditions. The requested variance can be valid for the duration Of the existing buildings, which means any new development must conform to the underlying zone district or request a new variance. 3. Literal interpretation and enforcement of the termsand provisionsof this Title would deprive the applicant of rights commonly enjoyed by other parcels in the same zone district and would cause the applicant unnecessary hardship, as distinguished from mere inconvenience. In determining whether an applicant's rights would be deprived, the Board shall consider whether either of the following conditions apply: a) There are special conditions and circumstances which are unique to the parcel, building or structure, which are not applicable to other parcels, structures or buildings in the same zone district and which do not result from the actions of the applicant; or b) Granting the variance will not confer upon the applicant any special privilege denied by the terms of this Title and the Municipal Code to other parcels, buildings or structures, in the same zone district. The requested variance is for an existing non-conformity that has been in place since 1969 when the buildings were constructed, and well before the Planned Development was placed on the property. At the , direction Of City Staff, the applicant requests setback variances for the existing conditions. The requested variances can run with the buildings and can be considered void when the existing buildings are demolished. Granting the variances allows the existing buildings to remain as is until the property is redeveloped, rather than require the owner to remove portions of the building that sit within the setback and to displace local tenants while the buildings are slightly reduced in size. B. In order to authorize a variance from the permitted uses of Title 26, the appropriate decision- making body shall make a finding that all of the following circumstances exist: 1. Notice by publication, mailing and posting of the proposed variance has been provided to surrounding property owners in accordance with Subparagraphs 26.304.060.E.3.a.-c. 2. A variance is the only reasonable method by which to afford the applicant relief, and to deny a variance would cause the applicant unnecessary hardship such that the property would be rendered practically undevelopable, as distinguished from mere inconvenience. 4. The temporary off-site storage or construction staging can be undertaken in such a manner so as to minimize disruption, if any, of normal neighborhood activities surrounding the subject parcel. a j 5. If ownership of the off-site parcel subject to the proposed variance is not vested in the applicant, then verified written authorization of the parcel's owner must be provided. 6. Adequate provision is made to restore the subject parcel to its original condition upon expiration of the variance, including the posting of such financial security as deemed appropriate and necessary by the appropriate decision-making body to ensure such restoration. ProOf Of public notice shall be provided to the City prior to the public hearing. The existing buildings were constructed in 1969 according to the assessor's records. In addition to placing the buildings in the setbacks, then owners placed one Of the buildings in the right Of way which was remedied through Ordinance 11, Series Of 1972 (attached as Exhibit L). Ordinance 11 vacated a portion Of the right Of way in exchange for a portion of private land. Clearly there were some unfortunate mistakes on behalf of the owners and the City if a building ended up being constructed in the City right Of way. While not a traditional hardship, the current owner has inherited the setback nonconformities. To remedy the non-conformities without a variance means displacing current local tenants to remove sections Of building located in the setbacks. When the property is redeveloped, the new development shall comply with all setback requirements. 1-1 -1 -1 L OUU'9503 PAGE Oil Recorded at 1:00 0'clock P.M. July 12, 1972 Reception No. 152626 Peggy E. Miklich, Recorder RECORD OF PROCEEDINGS 100 Leaves FO- 51 C. F. HorCKEL ..aL co, ORDINANCE NO. // (Series of 1972) AN ORDINANCE VACATING A PORTION OF THE PUBLIC RIGHT OF WAY KNOWN AS "PARK AVENUE, " CITY OF ASPEN, COLORADO. WHEREAS, through inadvertence, RICHARD L. BARTLETT and JOAN M. BARTLETT, the then owners of Lot 3, Sunny Park Subdivision, caused improvements to be constructed on a portion of Park Avenue within the City right of way. AND WHEREAS, the present record owner of said Lot 3, namely LUKE W. ANTHONY, INC., had requested that a portion of Park Avenue hereinafter described be vacated in exchange for a portion of Lot 1, Sunny Park Subdivision, being pur- chased by ANTHONY, INC., and the BARTLETTS from GERTRUDE BIBBIG, which portion of land shall be deeded to the City with proof of marketability of title. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Aspen, Colorado. Section 1. That in consideration of the deeding of marketable title to the City of Aspen of the following described property: A parcel of land being a portion of Lot 1, Sunny Park Subdivision (Recorded in the office of the Pitkin County Clerk and Recorder in Plat Book 3 at Page 18), in the Berumen Addition to the City of Aspen, Pitkin County, Colorado, and more fully described as follows: Beginning at a point whence the South Corner of Lot 1, Sunny Park Subdivision bears S.38*00' W. 36.81 feet; thence N.14Â°22'26" W. 113.34 feet; thence 39.07 feet along the arc of a curve to the right having a radius of 70.00 feet; thence 41.22 feet along the arc of a curve to the left having a radius of 33.93 feet; thence 111.65 feet along the arc of a curve to the right hav- ing a radius of 115.07 feet and whose chord bears S.24Â°12'14" E. 107.32 feet; thence S.03'35'30" W. 87.63 feet to the point of beginning, containing 0.076 acre, more or less. That portion of the public right of way known as "Park Avenue" lying between Lot 3, Sunny Park Subdivision (recorded DJUR 2-0 3 PALL LL RECORD OF PROCEEDINGS 100 Leaves FOR' 9 C. r. HOECKEL B. 0. I L. Ca. in Plat Book 3 at Page 18 in the office of the Pitkin County Clerk and Recorder), in the Berumen Addition to the City of Aspen, Pitkin County, Colorado and the following line: Beginning at the South Corner of Lot 3, Sunny Park Subdivision; thence S.38Â°00' W. 30.43 feet; thence N.14Â°22'26" W. 67.11 feet; thence 5.58 feet along the arc of a curve to the right having a radius of 10.00 feet; thence 75.14 feet along the arc of a curve to the left having a radius of 93.93 feet; thence 12.14 feet along the arc of a curve to the right having a radius of 10.00 feet; thence N.41'20'E. 3.99 feet to a point on the northwesterly line of said Lot 3, shall be and the same is vacated as a public street. Section 2. If any provision of this Ordinance or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the Ordinance which can be given effect without the invalid provisions or application, and to this end the provisions of this Ordinance are declared to be severable. Section 3. A public hearing on the Ordinance shall be held at ~#/ /0 /972-9 , at J-: e-0 P.M., in the City ' ~,dncil(*hambers, Aspen City Hall, Aspen, Colorado. INTRODUCED, READ AND ORDERED published as provided by law by the City Council of the City of Aspen, Colorado, on the e:2, day of j A AAdâ€¢uk . , 1972- L U Â»rx /' MAYOR .45 ..,GE 9 2/ 93 .. '2Â· ,..~.,. . CITY CLERK +C t i: trÂ· 0 .c FINALLY adopted and approved this /0 day of -2- DJutâ‚¬do PAGL L.3 RECORD OF PROCEEDINGS 100 Leaves '044/ C. r. HOECKEL 0. 8. a L. CO. 91 , 1972. r 9 0 ' 4 Â·0 1- 4. //. 6 MAYOR / ATTEST: , ./.5.Aâ€¢11.JEÂ·.I 1 -k- 3 .- 7% ULÂ»- c ' 31/13 .... , CITY CLERK .â€¢Â·r DJUR 200 FAE 01 STATE OF COLORADO) ) SS CERTIFICATE COUNTY OF PITKIN ) 3 1, Lorraine Graves, City Clerk of Aspen, Colorado, do hereby certify that the above and foregoing ordinance was introduced, read in full, and passed on first reading at a regular meeting of the City Council of the City of Asnen on June 26 ,197_2, and nublish- Today ed in the Aspen 1*meG , a weekly newseaner of general ci -cul- ation, published in the City of Asnen, Colorado, in its issue of June 28 , 127_2 , and was finally adopted and annroved at a regular meeting of the City Council on July 10 ,197-2,and ordered published as Ordinance No. 11 , Series of 197_2, of said City, as erovided by law. IN WITNESS WHEREOF, I have hereunto set my hand and the seal of said City of Asnen, Colorado, this 10th lay of July , 1-37_2. S.,1 A L I eli r 0---\Â«11- 4-0 I. r. A b.rj , .' Iorraine Graves, City Clerk Ct T.' :1, fli! i ... 0 -AL I' '.. A '. '.' Â® BendonAdams Ms. Jessica Garrow .L Community Development Director 130 S. Galena St., 3rd Floor JUN O 3 2016 Aspen, CO 81611 (3.-r#; .' rn June 3, 2016 VUÂ·Â· ' '~ 1,7 Re: Application to Rescind Planned Development Overlay at 404 Park Avenue Dear Jessica, I respectfully submit an application to rescind the Planned Development Overlay at 404 Park Avenue, Lot 3 of the Sunny Park Subdivision. As explained in the background section of this application, a Planned Development overlay was placed on the property during a complete rewrite of the Zoning Code in 1975. The owner is interested in removing the existing building(s) and developing a 100% affordable housing project within the allowances of the Residential Multi-family Zone District (RMF), the Land Use Code, and the Aspen Pitkin County Housing Authority Guidelines. The first step to the future affordable housing development is a request to remove the PD overlay. Please find a complete land use application for Step One of the pre-application summary dated January 20, 2016. Do not hesitate to contact me with any questions or additional information needed to facilitate your review. Sincerely, A- tuk Sara Adams, AICP Principal BendonAdams sara@bendonadams.com Exhibits: A - Written description of proposal including existing conditions and response to review criteria B- Land Use application and dimensional requirement form C - Site improvement survey D - Vicinity Map E - Fee agreement F - Proof of ownership G - Authorization to Represent H - HOA compliance form 1 - Pre application Summary J - Existing conditions drawings 300 SO SPRING ST I 202 I ASPEN, CO 81611 970.925.2855 1 BENDONADAMS.COM EXHIBITA Background: 404 Park Avenue is described as Lot 3 of the Sunny Park Subdivisiont and was included in the Berumen Annexation. The property was annexed into the City in 1966 (Ordinance #16, Series of 1966) and was zoned Residential Multi-family (RMF) in 1966 (Ordinance #26, Series of 1966).2 The existing two story building was constructed in 1969 according to the assessor's office.3 In 1975 the City adopted a new zoning map and updated the Land Use Code (Ordinance #11, Series of 1975) to include a section on Planned Unit Developments (PUD) among other changes. Sunny Park Subdivision was rezoned to RMF with a PUD overlay. The 1967 and 1975 Zone District Maps are provided below: :li' . - - --- ,//9.... 1 - % .2 ~4439 - 11< --:,CLI=07:Â»/VT*'M=* A--i\- / ,1) L'b LÂ·Â·.,., :Â·uÂ»h' -7 -2Â·-AL,;9'-1~2<I~J* *VA<~J %%â‚¬NY ~& U' ri bâ€¢..4~3~~4 1. 0./.-*:*-332 . .Pt ~17-71 -/ - ST.; fillin~I~Mil/8 /55 wa =u-p<*r NE .AL/44.. -5 ---M~- - lid-.metrd.234'.9~*9466.us- i -dd Â·:52< .742 ..4,1-% . r.k- 111.2.-2 J - t. 4/ LT.S ZONING DISTRICT MAP - CITY OF ASPEN, COLORADO r:$311. .c.01 .Fi ._. .'*IDENTIAL 1-7-ZT] Al-* ACCO'.03.nONS .c.carloâ€¢ gr UIE24Â»â€¢a 1 ./1,0Â¢/TIAL ./AINID 1729 â€¢ ic Â»1 co-U,11. Cou.1.1.0 ~ ... RESIDENTIAL RRÂ¥62 - 1 co..../AL ..00 ..CO MAY ' 196 &EE--EE'- AREA DISTRICTS Jver '*. *49 r...1.- â€ž, rt/%1...â€¢ES!O ENT IA'-#Lr 1/LE ./1 1./ 8/1 C. CO' WEN.L SCALE â€¢OVE MN . .... ....,-or.... .....0. '.' '... t''r..2,. ti.-/1 â€¢-'Â° RE.'0'â€¢T:AL . IC-%,U 4 C -c~~~,1,0 Y,-- 0,- i.ai *~it 1 CE3 -SIDEntIAL ~ U Â·1 AGCOI /0047 1041j RECIE A ION Figure 1: 1967 City of Aspen Zone District Map. Arrow identifies 404 Park Avenue with RMF Zone District designation. i sunny Park Subdivision was approved by Pitkin County in 1965. Book 3, Page 18 of the Pitkin County Clerk and Recorder. 2 Ordinance #26 of 1966 refers to zoning Sunny Park Subdivision but does not actually name the zone district in the ordinance. Rather, it refers to an attached map which, on laserfiche, was not attached or scanned. I pulled the zone district map for 1967 available on laserfiche and it shows the subject parcel as part of the RMF Zone District. Planned Development was not an option in the 1966 Land Use Code. 3 The building department address file is very thin and does not have a certificate of occupancy or building permit for the existing building. 1 B 1.1 3 mo. X:I:Z:; ii} 631*1*kifs<34/:-â‚¬0Â·'>Â·~-iM*4546.~. & lii.lili ' 4/.0.36*RicE;49'A:.:.4...44%.......~e.-y -..i.F , Â£4 1 i:,2.Â·~~r~j:Argr,f;#$*(4\ 5~ ,. :FrjÂ¢ i F 1 1 40 '011; m D....#. . C 11 1 4.2.-2.*47 '*ptlj m 00 %8 00 00 /1 4 1 <0./5,/Fprte:*fs&/. 5 01 m n ng; 2.6 . 11 i 11> 2/'00iv. 10Â®8@8 ./ ky,7/ R g 1 .4 //// Ulf' :*?4 , 1.46 .-4- 6*trs 3= 4.2 2 . Valisp Flir# 464 0234\ 1 7 . Li. p : - 46Â·t>94Â» j. 0. , .' >4*551 7 .2-/. I. 5 ./ e:92134.1-3-_140 , -a 32t'* - ., 3 '*i \ \ 1./ .:f- --..... C 4 Â·-' i ,4 -kA . Te *9 631 64\â€¢\= â€¢ .*.1 6- -- â€ž, 69 b. I .. -- 1 - 1. 1 : 4 - Â£ A -~400#AL,1 :1:. ......2....' ... Ezi. A 11 . .. NTL 1-21 Ill.... A t.'. . .?' Uil ,2, 1',~~Pk 412911:1. B. 4.--, ."03 , 2 .bu!UOZ Molls 01 adoid ija[Clns foliolap pafijolua uo :(ll.~6!J) (* 41!M UO UA/\Olls) ADpaAO and pul) 31Alhl palou{3!sap 10!Jls!O auOZ GLGI :(#al) E '8 Z sajn6!3 .*.U. 9 s 57 - LOO- DE'chAT- I,~PO.... I.%. LEGEND Subsequent Zone District Maps, 1983 and 1988, both appear to include a PUD overlay with underlying RMF zoning over the entire Midland Park Subdivision and Sunny Park Subdivision. There is little to no evidence as to whythe PUD overlay was placed on Sunny Park Subdivision. As shown on the map, almost all of the subdivisions in this area have PUD designations probably due to the steep slopes, mine tailings and other challenges of developing at the base of the Smuggler Mine. -1 4 / I-ID i ill 1 Z / 37f , L 8 Â· 14.----i,M , , 1, , , . I 1/2- '' I.â€¢ , e i R.15 2 */416- .- 0 , e , , L. i - 1 1 . 1 / #e / I . . R.6 / i RMF / /J > RMF , .g E---- . '0 '10 i : 5 i / t. # V . i ' lic i /f 1 ~@ D t / E.0 'N, . 14â€ž , a '14 4 tif up . ,-,-- , ' ./. 'A $ e 4.OR-6 4&-rdl 1%, t, Â·A.N , -/ I I , \ 14..4.-4 i ! i .1. I i \ eR- 1~6A., I-,1 .i~4701't \ 1-6-3 4#7~*Mmp-6 , ..1 - 10 % I / vt. 1 / I 0 -1 :, Lu I ...1...r~ , .406 .... 4- /f>-75/ 1 \1 1 '1 ,\ 0 RiMF mle . i llwuet ' R \*L : 41, 36 u ./ * /7 1/4. , / 29~.0 Â© ' i.1 41+E, pt:i f 0<. 4,1 ' L - il i i . / 1 1 / 1 & #............# 1. 0 t ~ Â·| ~i~~j~~R-15,##43- .1 . 9 //R-15Ay @A *1 n .. . 1 . .Vil d~i: / \2,~I../: 1 &34 .4 9Lva==L,Ok-9 1 fo j 1 # = . ,Â·AS...urink i k Mi . \ / ~f/,R-6 26=7 , , I I 11114 \ R -157':14*~&- 1 .1 a"R-6 ti ,- \ 13-15 1 \Â· lili .a,p:,0, 1, ,\ \ (put,) . , 1 , r? FUL, 7 :\ \ 1. ~ *1, 1 ~4'ii) f) Lil.LA \ r,/ m 41 3 6 , j ; * d\\61- U\ 1 3:t..' ./.1 2 0 38 f 5 + , A ' , 3. R-15A n 1 1 *fib *= , Figure 4, 5 & 6: (left to right) Zone District Maps 1983, 1988 and current 2016 Zone District Map. Entitlements for an affordable housing and free market residential project, aka AspenWalk, that merged Lot 3 and Lot 5 of Sunny Park Subdivision were granted in 2012 via Ordinance #19, Series of 2011). The approval is vested until March 8, 2017. A subdivision plat merging lots 3 and 5 was never filed and the lots remain under separate ownership. Existing Conditions: The property is currently zoned Residential Multi-family with a Planned Development. 404 Park is located at the intersection of Park Avenue and Park Circle, and Park Avenue and Midland Avenue, nearthe base of Smuggler Mountain. The lot currently contains a three story multi-family building facing Park Avenue, two one story multi-family buildings in the center of the lot, and a two story multi-family building facing Park Circle. There are a total of 14 units onsite. There is designated gravel head-in surface parking along Park Avenue and Park Circle. As depicted on the survey below and included in the application, the gross lot area is 17,837.82 square feet or 0.4095 acres. 3 y 4:\ \ \RL// L. i rf 7 J - 4 / 07< 4 06- i\\* 4 1. . - --44, r: - u. 4 1,0 8.-â€¢Â¥ 6, 4,0 \ ..\ , 4 Â£3#' 4-/ *Â·Â·- Â·Â·ig'ic 04 \ i/ 74â‚¬ j : \ ./12' 4 \79>0 //4 - 1 /, A -9. i ....... 2 1 Â»71/0// 12 6:*63.4/ 4 9,9,1,4 Â«lit ./,4,64 1} ; ' . , +I V g 9 ZLC" .Â· t p .-1*1-'Ivt/' Â«- A 04Â£ Arce' I A.Â»G I 1Â¥y 1 i , 04(.6,U.,1 'Ior ad 1,/.I#rn Fi.no Â£11' 1 '1 1, 4 ..0 4 1-11\\ .-74 -d " 0 j'Â£,Â« + 6, 34 PS / T Â· M / 5 1, 1 - . 3> -AN Â·L~?t J '1;1. . /2 *to, . A e 41--1 Â·' le,l ....M. 1. . 244 f -:Â· IZNS 4. C n i \ 2/1/6 ..1//Â£~171 //6 11, =,3\ 4 U Xi , 1/ .... D 1- /* /-- -/ 9.2 \ v j 4 2:.- 4 JF.1 \ B .1 /5 I -- ir a '-Â·1~0 1 1 2 0/ 1. / 0 17* 4 i, Al.ry A.- 9 1.1/4 59 \ 51 0, 9/ I -4/..1 Â£ Â£404 Rark Ave '1 1 .~ -u- - + %4, -74-Illillilill...-U--I- 9. - 0 , 7.43@*: 23 . WN.I../..0~ 1 4 6 'r x er AfffÂ©41 Aci" glt! *#.. . 9.4 07/ 31 - - r., -1 0, 20 9 . 44*30<6:6443'. f A* , b 3.$ I# -: Figure 7 (top left clockwise): detail of current survey; 3 story building facing Park Ave.; side view of 3 story building from _ Midland Park. view of open lawn from Park Circle toward Park i -4 Ave.; two story building facing Park Circle; aerial view of property. 4 Nonconformities: The property conforms to the underlying RMF Zone District, except for a few setback nonconformities. There are 14 units, which provides an allowable floorarea of 1.25:1 or 22,297 sfoffloorarea. The current building combined are a total of about 8,788 sf of floor area. Allowable height is 32 ft. for the existing density, and the tallest building on the property measures 28 ft. When constructed, the buildings were located in the setbacks as shown on the site plan. The buildings were built before a Planned Development overlay was placed on the property. The same setback non-conformity that existed in 1969 when the property was built, will remain. There are no new non-conformities created by rescinding the Planned Development and applying the RMF Zone District. Proposal: The owner of 404 Park Avenue requests that City Council rescind the Planned Development (PD) overlay on the property. Peter plans to develop a 100% affordable housing project on the sitethat complies with the underlying RMF Zone District, the Land Use Code, and the Aspen Pitkin County Housing Authority Design Guidelines, and does not necessitate any variations through the Planned Development process. The Land Use Code and Building Codes havesignificantly changed since 1975 when the PUD, now referred to as a PD, was placed on the property. Based on the history of the property and the area, the PD was put into place to recognize challenges to developing atthe base of the Smuggler Mine. Peter is fully aware of the flexibility offered through a PD to address these challenges. He is also very cognizant of the current political and community sentiment toward variations through the PD process, and requests approval to rescind the PD overlay. According to Land Use Code Section 26.445.100, the review criteria for removing the PD overlay is based on cause shown. Below please find three reasons that "show cause" to remove the PD: 1) Removing the PD overlay prohibits any unnecessary variation requests that could conflict with community character and be out of proportion with the neighborhood. After removal of the PD, any futuredevelopment hastocomply withthe RMFzonedistrictandthe Land Use Code. Meeting current Code requirements and removing the ability to ask for variations through PD is aligned with community and City Council sentiment toward variations. 2) When a property has a PD overlay, it is required to proceed through a more elaborate process even if no variations are requested. The PD process is very detailed and takes at least a year to complete. Construction level drawings are expected duringthe land use review process to ensure compliance with Planning, Building, Engineering and Utility requirements. This level of review is understandable considering the magnitude of a typical PD project that is requesting variations and flexibility for development. A property with an assigned PD that is not requesting variations is subject to the same level of scrutiny. The planning, engineering, and architectural costs, extended timeline, and delays associated with a PD review on a 100% affordable housing project with no variations either make the housing project unbuildable or force the owner to ask for variations to compensate for the PD process costs. 3) Considering the plan for a 100% affordable housing project, future housing residents will be able to change their units, within Land Use Code and APCHA rules, without triggering a lengthy PD amendment process with planning application fees, review time, and extra paperwork. 5 EXHIBIT B CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT ATTACHMENT 2 - LAND USE APPLICATION PROJECT: - Name: 404 Park Avenue Location: Lot 3 of the Sunny Park Subvision Parcel ID # (REQUIRED) 2737-074-04-705 APPLICANT: Name: Peter Fornell of Fat City LLC Address: 402 Midland Park, Aspen, CO 8161 Phone#: 970-379-3434 or p.fornell@comcast.net REPRESENTIVATIVE: Sara Adams of BendonAdams Name: Address: 300 S. Spring St., #202, Aspen, CO 81611 Phone#: 970-925-2855 or sara@bendondams.com Â£ GMQS Exemption D Conceptual PUD U Temporary Use CJ GMQS Allotment r-1 Final PUD (& PUD Amendment) Special Review Subdivision D Conceptual SPA U ESA-8040 Greenline, Stream ~ Subdivision Exemption (includes U Margin, Hallam Lake Bluff, Condominiumization) 1 Mountain View Plane l Final SPA (&SPA 1 Commercial Design Review ~ Lot Split Amendment) U Residential Design Variance El Lot Line Adjustment E-1 Small Lodge Conversion/ Expansion D Conditional Use X Other: rescind PD overlak EXISTING CONDITIONS: (description of existing buildings, uses, previous approvals, etc.) Free market multi-family residential unit development. Zoned Residential Multi-family (RMF) with PD overlay. PROPOSAL: (Description of proposed buildings, uses, modifications, etc.) Rescind PD overlay Have you attached the following? FEES DUE: $ 4,550. [2] Pre-Application Conference Summary Attachment #1, Signed Fee Agreement Response to Attachment #3, Dimensional Requirements Form Response to Attachment #4, Submittal Requirements - including Written Responses to Review Standards Â£ 3-D Model for large project All plans that are larger than 8.5" X 11" must be folded. A disk with an electric copy of all written text (Microsoft Word Format) must be submitted as part of the application. Large scale projects should include an electronic 3-D model. Your pre-application conference summary will indicate if you must submit a 3-D model. March, 2016 Citv of Aoen I 130 S. Galena St. I (970) 920 5050 6 '. , r. (1 JUN 9 3 2016 CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT ATTACHMENT 3 DIMENSIONAL REQUIREMENTS FORM Project: 404 Park Avenue Applicant: Fat City LLC represented by Sara Adams of BendonAdams Location: Lot 3 of Sunny Park Subdivision at the intersection of Park Ave. and Park Circle RMF with PD overlay Zone District: Lot Size: gross lot size is 17,837.82 Lot Area: net lot area does not apply in the RMF zone district for multi-family development (For the purpose of calculating Floor Area, Lot Area may be reduced for areas within the high-water mark, easement, and steep slopes. Please refer to the definition of Lot Area in the Municipal Code.) Commercial net leasable: Existing: n/a Proposed: n/a Numberof residential units: Existing: 14 Droposed. no change Numberof bedrooms: Existing: n/a Droposed: no change Proposed % of demolition (Historic properties only): n/a DIMENSIONS: Floor Area: Existing: 8582.08 Allowable: 22,297.3 Proposed no change Principal bldg. height: Existing: 9'10" - 28' max A//owab/e: 32'max Proposed no change Access. Bldg. height: Existing: n/a Allowable. Proposed no change On-Site parking: Existing: 7 spaces Required: Proposed no change % Site coverage: Existing: n/a Required. Proposed no change % Open Space: Existing: n/a Required: Proposed no change Front Setback: Existing: Required 5' Proposed no change Rear Setback: Existing: Please refer to Required: 5. Proposed no change Combined F/F: Existing: Sheets Z- 101 - Required n/a Proposed no change 103 ful exislilig Side Setback: Existing: setharks RequiredÂ·. 9 Proposed no change Side Setback: Existing: Required 5. Proposed no change Combined Sides: Existing: Required n/a Â°roposed no change Distance between Bldgs. Existing: Required: n/a Droposed no change Existing: Required: Proposed: Existing non-conformities or encroachments: setbacks: please refer to site plans for existing conditions. Variations requested: none. March, 2016 Citv of Aoen I 130 S. Galena St. I (970) 920 5050 7 NOIES 1) LEGAL DESCRIPTION: ATract of land being all of Lot 3. Sunny Park Subdivision recorded Â£ 800* 3 Page 18, that part of vacated Park Avenue being adjacent to said Lot 3 according to ordinance No. 11 (Sels 1972> City of Aspen recorded In Book 265/t Page 1 and/lof thalparcelof lan/described//the Special Warranty Deed at Book 765 Page 858, all in the South one half of the Southeast Quarter of Section 7. Township 10 South, Range 84 West of the 61h PM. Pitkin Cour,ty, Colorado more particularly described as folows Beginning at a point, being the North Corner & said Lot 3. Sunny Park SubdMsion: thence S52 00'00"E a distance of 120.62 feet along the North lie of said Lot 3 to the Northeast comer of said Lot 3 being a point on the Westerly boundary of Midland Park Subdivision as fecorded in Book G at Page 138 aid being a point on the LIne 5-1 of the U.S.M.S. Mascotte Lode #5867 Lhence 645Â°21'00'l a dislance of 77.96 reelalong the Easterly boundary 01 said Lot 3 abo/ /g the Westerly Ii,~eof said Midlar.d Park Subdlision and the Line 5-1 of said U. S.M.S. Mascotte thonce $35 53rOO.E a distance of 9.46 reet along the boundary of soid Midland Park Subdiv~ion: thence $54Â·'07'Dol e distance of 45.95 feet along the Weslty linc /* Midand Park Subdivision to a point on the Easterly h of sa/ Lot 3 also being on We Line 4-1 of the U.S.M S. Mollie Gibson Lode #4281AM thence 338Â°00'00'Â·W a distance of 79,73 feet along the Eastedy line of said Lot 3 alsi boing along the Lino 4-1 of said U,S.M.S. Mollie Gibson Lo(le to a point on the Southerly boundary of said Park Avenue lacolion' thence along said Park Avenue vacatkn bounda) the following four (4) courses: N14'22 26-Wa distance of 67.09 met thence: 5.58 feetalong thearcof actme tothe right having a radius of 10.00 feet, a centratangle of 31*58Â·16" and sublending achord bearing of Nol 3642"E a distance of 5.51 feet; Lhence 75.14 feel along the arc of reversecurve having a radiusof 93.93 feet a central angle of 4950'03" and subtending achord bearing / N05'1912Â·W adistanceof 73.15 feet [hence 12.14 feet along thearcof a reverse curve, having a radius of 10.00 feet a central angle of 69a33'25 and subtending a chord bearing of N06*32 29Â·'E a distance of 12.14 feet thence N41 20'00Â»E a distance of 3.99 feet to the Southwesterly Comerof said Lot 3: thence N41 20rooÂ·E a distance of 91.05 feet along the Westerly line of said Lot 3 to the point & beginning. TOGETHER with a non/dusive easement for the construction, maintenance, inspection. protection. repair and replacement & the e/stingconcrete retaining wall, stairs. sidewalk and fence, through. on. ovef a. across the following descdbed real property. hefeinafter relerred to as tk easement- to-wit: That portion 01 Lot 5. Sunny Park Subdivision, Pitkin County. Slate of Colorado, described as follows: Commencing al a point being the Northuvest com of Lot 3. Sunny Park Subdivision, Pilin County State & Colorado. said pointalsobair~ the Southwest corner of said Lot 5, thence South 52 DO' East along the Northern bou/ary lineof sal/ Lot 3 sal ll, ealso boingthe Southern boundaollne or said Lot 5 a distance & 90.00 feet thence North 381)0 East, a distance of 5.0 feet: thence North 52 00 West. a distance of 89.71 feet thence South 4 20' West. a distance of 5.01 feet [o the point of beginning thoserna being appurtenant to Lot 3, Sunny Park Subdivision Pitkin County, Colorado for so long as tho &10 concrete relning wall, stairs. sid/walk and fenm. arc used far the same purposesas currently enstand fudher Yorsokng as the said Inncrote retaining wall. stairs. sidewalk and fence or any /rtion thereof, shall remain al,ched and/or appurtonant to thoexis#ng structi, a dweling house and n. longer, together with the right of ingress and egress over said easement and the right to survey corstruct, reconslruct maintain. operate. control and use said cm/rete retaining wai. stairs, sidewalk and fence, as conveyed from Ralph H. Woodward. Jr. and Patricia Woodward to Luke W. Anthony Inc. a Colorado Corporalion by instrument dated June 26,1972 and recorded Jim 30. 1972 in Book 264 at Page 787. Historically described as: A tractof landbeingparlof Lot 3 Sunny Fal Subdivision, partof vicaled Park Avenueandpartof the Mascot:e Lode U.S. M.S. No. 5867,allinthe South one-half of the Southeast quarter of Section 7, Tow nship 10 South, Range 84 West of the Sixth Plincipal Meridian, Pitkin County. Colorado more particularly described as follows Beginning at a point being the North cornerof lot 3. Sunny Park Subdivision, thence South 52 00Â·00" East 118.26 feet along the north lirie of said Lot 3 toline 1-5 of sald Mascolle Lode: thence South 45Â¤24 r29 Wes[ 77.95 foot along Une 1-5 01 said Mascotte Lode: thence South 35 a53'00' East 946 Toot thence South 54 WD7'00' West 37.14 feet to a point on line 4-1 of Mollie Gibson Lode U.S M.S. No.4281 thence South lu00'00' Wost 86.24 feetalong Une 4+1 of sal Molle Gibson Lode to a poinlon the Easte* right-of-Way of Park AvenueÂ· CITY OF ASPEN -*- thence NorLIT 14 2226 West 67.11 feetalongsaid ~ht/-way: GpS â€ž 4/- thence following said riglitÂ·of-way 5.58 Teel along a curve tothe fight having ara/us & 10.00 [eet thonce following said right-of-way 75.14 ket along a curve to the leR having a radius of 93.93 feel to a point on the Easterly right-of-way & Park Circle: thonce following.9/Easterlyrigh[-of-wayof Park Cird012.14 rectak)/g thearcof acurvelotherighthaving/ radiusof 10,DO feet; Â¤ thence North 41 20 00Â· East 95.64 feet along said rightcf-way ro the Point of Begmning. TOGETHERwith a non-exclusive easement for the enns!~udion, maint/nance. Ins/dion protection, repair and replacementof the existing concrete retaining wall, stairs skewalkand fence, throughron, ov/arxlaaessthc following describedreatproporty, hereinafterreforred toastheÂ·r.isoment- to-wit; That port/M of Lot 5, Sunny Park Subdivision Pilkin County. Stale of COID,ado. descobed as follows Commencingat a point being the Northwest corner of Lot 3, Sunny Park Subdivision, Pitkin /ounty Sileof Colorado, said point also being the Scuthwest cornerof said Lot 5, thence South 52*00' East along the Northern boundal line & said Lot 3. said line also being the Southern boundary line leA h of said Lot 5 a distance of 90.00 feet them North 38 00 East a distance of so feetÂ· therce Noch 52 00 West a distance of 89.71 feet thence Soutl 41*20' West a distance of 5.01 feet to the point of beginning: the same being appurtenant to Lot 3, Sunny Park Subdivision. PitkIn County, Colorado: for solong as thesal corcrete retaining wall, stairs. sidewalk a. fence are used for me same purlses as currently exist and further forso long as tfe said corcrete retaining wall. stairs. sidewalk and fence orany portion thereof, shall remain allached and/or apportenant to the existing structure. a dweling house. and no longer. together with the right of ingfess and egress over said easement and the right to survey' co,istruct. reconstruct maintain: operate. controlandusesa/concrete retaining wai stairs. sidewalk and fence, asconveyed from Kalph H. Wood,vard. Jr. a/ Patricia Wa,/.9# to Luke W Anthory Inc.. a Colorado Corporabon by instrument dated June 26 1972 and recorded June 30,1972 In Book 264 al Page 787. Â«12 6,10'.S> 2) BASIS OF 8EARING: A BEARING OF S52Â·00'00~E BETWEEN A FOUND REBAR AND RPC LS# 20133 AT THE N.W. PROPERTY CORNER AND A FOUND REBAR AND YPC LS# 20151 AT THE N.E. PROPERTY CORNER. 3) THIS SURVEY DOES NOT CONSTITUTE A nTLE SEARCH BY THIS SURVEYOR. TITLE INFORMATION RELIED UPON FOR THE PREPARATION OF THIS SURVEY FURNISHED BY PITKIN COUNTY TITLE, CASE NO. PCT24237~'4, DATED 10/28/2014 4) UNIT OF MEASUREMENT FOR THIS SURVEY IS THE U.S. SURVEY FOOT. r CITY OF ASPEN 5) ELEVATIONS BASED UPON CITY OF ASPEN GPS MONUMENT #4 (7925.42') 1988 NAM DATUM. BENCHMARK= 7955.91 GPS #1 AT N.W. PROPERTY CORNER. CONTOUR INTERVAL IS 1(ONE) FOOT. 5) ACCORDING TO ARM MAP 0809700203, PANEL 203 OF 325, DATED JUNE 4, 1987, SAID LOT IS CONSIDERED TO BE IN ZONE X AND OUTSIDE THE 500 YEAR FLOOD PLAIN. 7) CITY OF ASPEN BUILDING RESTRICTIONS: SETBACK RESTRICnONS: R~AF ZONE DISTRICT REGULATIONS. REFER TO TITLE 26 LAND USE REGULATIONS PART 700: 26.710.090 8) NO NATURAL HAZARDS WERE FOUND TO AFFECT SAID PARCEL ACCORDING TO MAPS PROVIDED BY THE CITY OF ASPEN'S ENGINEERING DEPARâ„¢ENT. VlCINITY MAP 1"=400' 79\U'%00>31 k) NUi<Z~34~02>7 4/-~*â‚¬h.-/0-7~V \Cklet*Â»1 7 241..Ch:&*%925Â¥X PARK AVE. Exhibit C CITY OF ASPEN IMPROVEMENT SURVEY LOT 3 SUNNY PARK SUBDIVISION t PITKIN COUNTY, COLORADO 1' = 20' LEGEND 1 h \ Â« Â® INDICATES FOUND MONUMENT AS DESCRIBED. /0//rze wi RED PLASnC CAP Ypc YELLOW PLASne CAP h RP//~'7~~ \ ALT ALUMINUM TAG 8116Â¥114Â£0 \ \\ex I Â·4,Â»\ Â® SEWER MANHOLE 9 POWER POLE CY \\03342<01 \ A WM WATER METER Ek--e---E] FENCE LINEI 97 1/ ~ \ LOT 51 ~ ELECTRIC TRANSFORMER EM ELECTRIC METER 1 \40 GM GAS ME7ER @ STORM DRAIN â€¢ m TELEPHONE RISER 4 /GRAVEL , 0\4\ 1 E fr~ .6). 1 PARKING TWO STORY * Â¤ WATER VALVE Â© CABLE RISER \ 6/ ./ty \ BUILDING \43 4 WN WINDOW WELL 1 * 83 1 .f )/ ) 9%412'.,m-el? i ic * UGHT POLE 16-8 r ~ DECIDUOUS TREE * 12 6-8: TRUNK DIAMETER(INCHES)- DRIP UNE(FEET) ~~ EVERGREEN TREE tr /. 7- 94/4 4. 47* % j /44, 7/ 1 TE-12 ONE STORY .. V g BUILDING 4 9 4 57 \ .''LOT 3 * ONE STORY 12-15 BUILDING 46 0.-1095 AC= /1 9-7 PATO ' \\11 1 \ \\ <, ra# / Li 1 I \ VAC~IO~~*CE _* ~ \ 20-14 TORA DECK u ~1 111 J ~h 2.18 mr//4 \\\3 \ eft' CURVE TABLE CURVE LENGTH RADIUS TANGENT~ CHORD CHORD BEARING DELTA Ct 5,58 10,00 2.86 5.51 SoilÂ·36'42'V 31'58'16' â„¢REE STORY 4 ~2 3 C2 75.14 93.93 39.71 73.15 N05'19'12'W 45'50'03' BUILDING d- 4' , LS# 2&121 -53 7 C3 12.14 10.00 6,94 11.41 306'32'29'W 69*33'25' C Ie 1 /-- Or \\\\ i 1 20~33\ 1 U \ i \ '- ~ ~/MATI~~~;~%1,Â©t g~ *136 / .Â·-G:J ' , 1 " '/ 41 9-G\\ /1 - / l/ SURVEYOR'S CERTIFICATE 1, MICHAEL P. LAFFERTY, HEREBY CERTIFY THAT THIS MAP ACCURATELY DEPICTS AN 0' YPC \ \ \V / IMPROVEMENT SURVEY PLAT PERFORMED UNDER MY SUPERVISION ON 04/2015 OF THE -_ 4/ 0 21.9tl -112 / ABOVE DESCRIBED PARCEI. OF LAND. THE LOCAnON ANO DIMENSIONS OF ALL IMPROVEMENTS, EASEMENTS, RIGHTS-OF-WAY IN EVIDENCE OR KNOWN TO ME AND ENCROACHMENTS BY OR ON THESE PREMISES ARE ACCURATELY SHOWN. ERROR OF CLOSURE IS LESS THAN 1/15,000. / 44 MIDLAND AVE. \ \ \\ MICHAEL P. LAFFERTY PLS. # 37972 LBEFNA, IQ[ DATE: $-\ 5-27-16 /GJ ~~ DATE SURVEYED: 04/2016 REVISED: FILE NO: 15512 CUENT: FAT CITY APARTMENTS I.I.c 4133 crystal splings I carbondaleco 81623 6OT[C E AccordIng,0 Color.,do lawvot' m w.inmreca,1, ]cg,i ah'rn h,jed phone 970Â·379Â·1919 upon any defixÂ¢ 1,1 thsÂ»cy ..thin [har>can .fuT you619 le suchdefu.1 lax 970-863-6873 [nnoâ‚¬venIma) anyactionba~dup~manydcfect:nthi,$%.be~i.Imnacank,re laff@soprls.net Than Ien years from the dale of the vernfinin ihown hen m --468Â·L--- '1 . 1 k z/ JAa .-I - .0*. : dp#47~- 9,2jibi.wi".I/~ * A '.B>'If< V* 2% C - .le i Â·-9 .... \11"Il -2 I. 914.-' 481:'5 4. 4""ill 15 .. . I . ' . 90, ....4.- ' 24 *f . r. 1 1. 3 4 . Â· . 14O1Ptark Wve.4 -5 - - .':.,20.51 ,~1~91 " . 1 . 4 : Â»44,56 4 '. ,~ ' 11*yr ,<51. 103. - . .P ./ C' '52- ... 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Geyogie edrth .... t fy . 0I r i PERMA *'- EXHIBIT E 4 , CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT Agreement to Pay Application Fees 0 .- An agreement between the City of Aspen ("City") and 1 - Property Phone No.: 970-379-3434 Owner ("1"): Fat City Apartments LLC Email: p.fornell@comcast.net Address of 404 Park Avenue, Billing 402 Midland Park Property: Lot 3 of Sunny Park Subdivision Address: (Subject of (send bills here) Aspen, CO 81611 application) I understand that the City has adopted, via Ordinance No., Series of 2011, review fees for Land Use applications and payment of these fees is a condition precedent to determining application completeness. I understand that as the property owner that I am responsible for paying all fees for this development application. For flat fees and referral fees: I agree to pay the following fees for the services indicated. I understand that these flat fees are non-refundable. $. flat fee for . $. flat fee for $. flat fee for . $. flat fee for For Deposit cases only: The City and I understand that because of the size, nature or scope of the proposed project, it Is not possible at this time to know the full extent or total costs involved in processing the application. I understand that additional costs over and above the deposit may accrue. l understand and agree that it is impracticable for City staff to complete processing, review and presentation of sufficient information to enable legally required findings to be made for project consideration, unless invoices are paid in full. The City and I understand and agree that invoices mailed by the City to the above listed billing address and not returned to the City shall be considered by the City as being received by me. I agree to remit payment within 30 days of presentation of an invoice by the City for such services. I have read, understood, and agree to the Land Use Review Fee Policy including consequences for no-payment. I agree to pay the following initial deposit amounts for the specified hours of staff time. I understand that payment of a deposit does not render and application complete or compliant with approval criteria. If actual recorded costs exceed the initial deposit, 1 agree to pay additional monthly billings to the City to reimburse the City for the processing of my application at the hourly rates hereinafter stated. $ 4.550 deposit for 14 hours of Community Development Department staff time. Additional time above the deposit amount will be billed at $325.00 per hour. $ deposit for hours of Engineering Department staff time. Additional time above the deposit amount will be billed at $325.00 per hour. City of Aspen: Property Owner: {/ Jessica Garrow, AICP Community Development Director Name: Fat City Apartments LLC City Use: Title: Fees Due: $ Received $ Manager March, 2016 Citv of Aoen I 130 i Galena St. I (9701 920 5050 11 JUR 9 s Zoi Exhibit F ALTA Commitment For Title Insurance A 4 1 VVESTCOR T Â·Â· * LAND TITLE INSURANCE COMPANY AUTHORIZED AGENT: PITKIN COUNTY TITLE, INC. 601 E. HOPKINS AVE. 3mFLOOR ASPEN, COLORADO 81611 970-925-1766-PHONE 970-925-6527-FAX 877-217-3158-TOLL FREE E-MAIL ADDRESS: TITLE MATTERS: CLOSING MATTERS: Nola Warnecke (nola@sopris.net) TJ Davis - (tjd@sopris.net) Brandi Wolfe (pctb@sopris.net) Joy Higens - (joy@sopris.net) Issued By imwESTCOR IBa LAND TITLE INSURANCE COMPANY Home Office: 875 Concourse Parkway Sotttlt, Suite 200 Maitlmid, FL 32751 Telephone (407) 629-5842 i.k, Â¥Â¥ t b 1 C o n /A LAND TITLE INSURANCE COMPANY ALTA Commitment Form (6-17-06) COMMITMENT FOR TITLE INSURANCE ISSUED BY WESTCOR LAND TITLE INSURANCE COMPANY Westcor Land Title Insurance Company, a California Corporation, ("Company"), for avaluable consideration, hereby commits to issue its policy or policies oftitle insurance, as identified in Schedule A, in favor of the Proposed Insured named in Schedule A, as owner or mortgagee of the estate or interest covered hereby in the land described or referred to in Schedule A, upon payment of the premiums and charges and compliance with the Requirements; all subject to the provisions of Schedule A and B and to the Conditions ofthis Commitment. This Commitment shall be effective only when the identity ofthe Proposed Insured and the amount of the policy or policies committed for have been inserted in Schedule A hereof by the Company. All liability and obligations under this Commitment shall cease and terminate within six (6) months after the Effective Date or when the policy or policies committed for shall issue, whichever first occurs, provided that the failure to issue such policy or policies is not the fault of the Company. The Company will provide a sample of the policy.form upon request. IN WITNESS WHEREOF, WESTCOR LAND TITLE INSURANCE COMPANY has caused its corporate name and seal to be hereunto affixed and these presents to be signed infacsimile under authority ofits by-laws on the date shown in Schedule A. Issued By: WESTCOR LAND TITLE INSURANCE COMPANY 14>1: N\,AM# d OoNACAA 05'9SU 72&. #97 we'lcorN@, 9 f Land TÂ·ine 6, ,Presilient 4&' 1...rince 'I 77 A~* Co.i,pae '28'' WAÂ©...,...''cON Attest: N../.63?-/.0 #Â»-4-Â¢ 6-ta--}2/ P o cuLE A j l Secretary Countersigned: 3-6 (190+- Authorized Signature CO 1045 * * Pitkin County Title, 1nc. 601 E. Hopkins #3 Aspen, CO 81611 CONDITIONS AND STIPULATIONS 1. The term "mortgage", when used herein, shall include deed oftrust, trust deed or other security instrument. 2. Ifthe Proposed Insured has or acquires actual knowledge of any defect, lien, encumbrance, adverse claim or other matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in Schedule B hereof, and shall fail to disclose such knowledge to the Company in writing, the Company shall be relieved from liability for any loss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure to so disclose such knowledge. If the Proposed Insured shall disclose such knowledge to the Company, or if the Company otherwise acquires actual knowledge of any such defect, lien or encumbrance, adverse claim or other matter, the Company at its option may amend Schedule B of this Commitment accordingly, but such amendment shall not relieve the Company from liability previously incurred pursuant to paragraph 3 of these Conditions and Stipulations. 3. Liability of the Company under this Commitment shall be only to the named Proposed Insured and such parties included under the definition of Insured in the form of policy or policies committed for and only for actual loss incurred in reliance hereon in undertaking in good faith (a) to comply with the requirements hereof, or (b) to eliminate exceptions shown in Schedule B, or (c) to acquire or create the estate or interest or mortgage thereon covered by this Commitment In no event shall such liability exceed the amount stated in Schedule A for the policy or policies committed for and such liability is subject to the insuring provisions and Conditions and Stipulations and the Exclusions from Coverage of the form of policy or policies committed for in favor of the Proposed Insured which are hereby incorporated by reference and are made a part ofthis Commitment except as expressly modified herein. 4. This Commitment is a contract to issue one or more title insurance policies and is not an abstract of title or a report of the condition of title. Any action or actions or rights of action that the Proposed Insured may have or may bring against the Company arising out of the status of the title to the estate or interest or the status of the mortgage thereon covered by this Commitment must be based on and are subject to the provisions of this Commitment. 5. The policy to be issued contains an arbitration clause. All arbitrable matters when the Amount of Insurance is $2,000,000.00 or less shall be arbitrated al the option ofeither the Company or thelnsured as the exclusive remedy ofthe parties. You may review a copy of the arbitration rules at http://www.alta org. COMMITMENT FOR TITLE INSURANCE SCHEDULE A 1. Effective Date: May 27, 2016 at 8:00 AM Case No. PCT24764W 2. Policy or Policies to be issued: (a) ALTA Owner's Policy-(6/17/06) Amount$ 0.00 Premium$ 0.00 Proposed Insured: Rate: TO BE DETERMINED (b) ALTA Loan Policy-(6/17/06) Amount$ 0.00 Premium$ 0.00 Proposed Insured: Rate: (c) ALTA Loan Policy-(6/17/06) Amount$ Premium$ Proposed Insured: Rate: 3. Title to the FEE SIMPLE estate or interest in the land described or referred to in this Commitment is at the effective date hereof vested in: FAT CITY APARTMENTS, LLC, A COLORADO LIMITED LIABILITY COMPANY 4. The land referred to in this Commitment is situated in the County of PITKIN State of COLORADO and is described as follows: See Attached Exhibit "A" PITKIN COUNTY TITLE, INC. Schedule A-PG.1 601 E. HOPKINS, ASPEN, CO. 81611 This Commitment is invalid 970-925-1766 Phone/970-925-6527 Fax unless the Insuring 877-217-3158 Toll Free Provisions and Schedules A and B are attached. AUTHORIZED AGENT Countersigned: tÂ»-66 93096- EXHIBIT "A" LEGAL DESCRIPTION A Tract of land being all of Lot 3, Sunny Park Subdivision recorded at Book 3 Page 18, that part of vacated Park Avenue being adjacent to said Lot 3 according to Ordinance No. 11 (Series 1972) City of Aspen recorded in Book 265 at Page 1 and all of that parcel of land described in the Special Warranty Deed at Book 765 Page 858, all in the South one-half of the Southeast Quarter of Section 7, Township 10 South, Range 84 West of the 6th P.M., Pitkin County, Colorado more particularly described as follows: Beginning at a point, being the North Corner of said Lot 3, Sunny Park Subdivision, thence S52Â°00'00"E a distance of 120.62 feet along the North line of said Lot 3 to the Northeast corner of said Lot 3 being a point on the Westerly boundary of Midland Park Subdivision as recorded in Book 6 at Page 138 and being a point on the Line 5-1 of the U.S.M.S. Mascotte Lode#5867; thence S45Â°21'00"W a distance of 77.96 feet along the Easterly boundary of said Lot 3 also being the Westerly line of said Midland Park Subdivision and the Line 5-1 of said U.S.M.S. Mascotte; thence S35Â°53'00"E a distance of 9.46 feet along the boundary of said Midland Park Subdivision; thence S54Â°07'00"W a distance of 45.95 feet along the Westerly line of said Midland Park Subdivision to a point on the Easterly line of said Lot 3 also being on the Line 4-1 of the U.S.M.S. Mollie Gibson Lode # 4281AM; thence S38Â°00'00"W a distance of 79.73 feet along the Easterly line of said Lot 3 also being along the Line 4-1 of said U.S.M.S. Mollie Gibson Lode to a point on the Southerly boundary of said Park Avenue vacation; thence along said Park Avenue vacation boundary the following four (4) courses: N14Â°22'26"W a distance of 67.09 feet, thence,5.58 feet along the arc of a curve to the right having a radius of 10.00 feet, a central angle of 31Â°58'16" and subtending a chord bearing of N01Â°36'42"E a distance of 5.51 feet; thence 75.14 feet along the arc of reverse curve having a radius of 93.93 feet, a central angle of 45Â°50'03" and subtending a chord bearing of N05Â°19'12"W a distance of 73.15 feet; thence 12.14 feet along the arc of a reverse curve, having a radius of 10.00 feet, a central angle of 69Â°33'25" and subtending a chord bearing of N06Â°32'29"E a distance of 12.14 feet; thence N41Â°20'00"E a distance of 3.99 feet to the Southwesterly Corner of said Lot 3; thence N41Â°20'00"E a distance of 91.65 feet along the Westerly line of said Lot 3 to the point of beginning. TOGETHER with a non-exclusive easement for the construction, maintenance, inspection, protection, repair and replacement of the existing concrete retaining wall, stairs, sidewalk and fence, through, on, over and across the following described real property, hereinafter referred to as the "easement" to-wit: That portion of Lot 5, Sunny Park Subdivision, Pitkin County, State of Colorado, described as follows: Commencing at a point being the Northwest corner of Lot 3, Sunny Park Subdivision, Pitkin County, State of Colorado, said point also being the Southwest corner of said Lot 5, thence South 52Â°00' East along the Northern boundary line of said Lot 3, said line also being the Southern boundary line of said Lot 5 a distance of 90.00 feet, thence North 38Â°00' East, a distance of 5.0 feet; thence North 52Â°00' West, a distance of 89.71 feet, thence South 41Â°20' West, a distance of 5.01 feet to the point of beginning; the same being appurtenant to Lot 3, Sunny Park Subdivision, Pitkin County, Colorado; for so long as the said concrete retaining wall, stairs, sidewalk and fence are used for the same purposes as currently exist and further for so long as the said concrete retaining wall, stairs, sidewalk and fence, or any portion thereof, shall remain attached and/or appurtenant to the existing structure, a dwelling house, and no longer, together with the right of ingress and egress over said easement and the right to survey, construct, reconstruct, maintain, operate, control and use said concrete retaining wall, stairs, sidewalk and fence, as conveyed from Ralph H. Woodward, Jr. and Patricia Woodward to Luke W. Anthony, Inc., a Colorado Corporation by instrument dated June 26, 1972 and recorded June 30,1972 in Book 264 at Page 787. Historically described as: A tract of land being part of Lot 3, Sunny Park Subdivision, part of vacated Park Avenue and part of the Mascotte Lode U.S.M.S. No. 5867, all in the South one-half of the Southeast quarter of Section 7, Township 10 South, Range 84 West of the Sixth Principal Meridian, Pitkin County, Colorado more particularly described as follows: Beginning at a point, being the North corner of Lot 3, Sunny Park Subdivision; thence South 52Â°00'00" East 118.26 feet along the north line of said Lot 3; to line 1-5 of said Mascotte Lode; thence South 45Â°24'29" West 77.95 feet along line 1-5 of said Mascotte Lode; thence South 35Â°53'00" East 9.46 feet; thence South 54Â°07'00" West 37.14 feet to a point on line 4-1 of Mollie Gibson Lode U.S.M.S. No. 4281; thence South 38Â°00'00" West 86.24 feet along Line 4-1 of said Mollie Gibson Lode to a point on the Easterly right-of-Way of Park Avenue; thence North 14Â°22'26" West 67.11 feet along said right-of-way; thence following said right-of-way 5.58 feet along a curve to the right having a radius of 10.00 feet; thence following said right-of-way 75.14 feet along a curve to the left having a radius of 93.93 feet to a point on the Easterly right-of-way of Park Circle; thence following said Easterly right-of-way of Park Circle 12.14 feet along the arc of a curve to the right having a radius of 10.00 feet; thence North 41Â°20'00" East 95.64 feet along said right-of-way to the Point of Beginning. TOGETHER with a non-exclusive easement for the construction, maintenance, inspection, protection, repair and replacement of the existing concrete retaining wall, stairs, sidewalk and fence, through, on, over and across the following described real property, hereinafter referred to as the "easement" to-wit: That portion of Lot 5, Sunny Park Subdivision, Pitkin County, State of Colorado, described as follows: Commencing at a point being the Northwest corner of Lot 3, Sunny Park Subdivision, Pitkin County, State of Colorado, said point also being the Southwest corner of said Lot 5, thence South 52Â°00' East along the Northern boundary line of said Lot 3, said line also being the Southern boundary line of said Lot 5 a distance of 90.00 feet; thence North 38Â°00' East, a distance of 5.0 feet, thence North 52Â°00' West, a distance of 89.71 feet; thence South 41Â°20' West, a distance of 5.01 feet to the point of beginning; the same being appurtenant to Lot 3, Sunny Park Subdivision, Pitkin County, Colorado; for so long as the said concrete retaining wall, stairs, sidewalk and fence are used for the same purposes as currently exist and further for so long as the said concrete retaining wall, stairs, sidewalk and fence, or any portion thereof, shall remain attached and/or appurtenant to the existing structure, a dwelling house, and no longer, together with the right of ingress and egress over said easement and the right to survey, construct, reconstruct, maintain, operate, control and use said concrete retaining wall, stairs, sidewalk and fence, as conveyed from Ralph H. Woodward, Jr. and Patricia Woodward to Luke W. Anthony, Inc., a Colorado Corporation by instrument dated June 26, 1972 and recorded June 30, 1972 in Book 264 at Page 787. SCHEDULE B - SECTION 1 REQUIREMENTS The following are the requirements to be complied with: ITEM (a) Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be insured. ITEM (b) Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record to-wit: THIS COMMITMENT IS FURNISHED FOR INFORMATIONAL PURPOSES ONLY, IT IS NOT A CONTRACT TO ISSUE TITLE INSURANCE AND SHALL NOT BE CONSTRUED AS SUCH. IN THE EVENT A PROPOSED INSURED IS NAMED THE COMPANY HEREBY RESERVES THE RIGHT TO MAKE ADDITIONAL REQUIREMENTS AND/OR EXCEPTIONS AS DEEMED NECESSARY. THE RECIPIENT OF THIS INFORMATIONAL REPORT HEREBY AGREES THAT THE COMPANY HAS ISSUED THIS REPORT BY THEIR REQUEST AND ALTHOUGH WE BELIEVE ALL INFORMATION CONTAINED HEREIN IS ACCURATE AND CORRECT, THE COMPANY SHALL NOT BE CHARGED WITH ANY FINANCIAL LIABILITY SHOULD THAT PROVE TO BE INCORRECT AND THE COMPANY IS NOT OBLIGATED TO ISSUE ANY POLICIES OF TITLE INSURANCE. SCHEDULE B SECTION 2 EXCEPTIONS The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 1. Rights or claims of parties in possession not shown by the public records. 2. Easements, or claims of easements, not shown by the public records. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, any facts which a correct survey and inspection of the premises would disclose and which are not shown by the public records. 4. Any lien, or right to a lien, for services, labor, or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. 6. Taxes due and payable; and any tax, special assessment, charge or lien imposed for water or sewer service or for any other special taxing district. 7. The premises hereby granted, with the exception of the surface, may be entered by the proprietor of any other vein, lode or ledge, the top or apex of which lies outside of the boundary of said granted premises, should the same in its dip be found to penetrate, intersect, or extend into said premises, for the purpose of extracting and removing the ore from such other vein, lode or ledge as reserved in United States Patent recorded May 20, 1949 in Book 175 at Page 168 and 171. (yipvy) 8. Terms, conditions, provisions and obligations as set forth in Quit Claim Deed recorded March 30,1964 in Book 206 at Page 301. (view) 9. Reservation of all mineral rights as set forth in Warranty Deed recorded September 4, 1964 in Book 209 at Page 68 and Warranty Deed recorded May 18, 1965 in Book 213 at Page 10. (view) 10. Terms, conditions, provisions and obligations as set forth in Easement recorded June 30, 1972 in Book 264 at Page 787. (view) 11. Easement and right of way for an electric transmission or distribution line or system, as granted to Holy Cross Electric Association, Inc., in instrument recorded July 26, 1972 in Book 265 at Page 351. (vieyy> 12. Terms, conditions, provisions and obligations as set forth in License Agreement recorded April 26,1996 as Reception No. 392136 (view) 13. All matters as disclosed on Plat of subject property recorded January 19, 1965 in Plat Book 3 at Page 18. (view) 14. Easements, rights of way and all matters as disclosed on Boundary Survey of subject property recorded January 9,2007 in Plat Book 82 at Page 36 as Reception No. 533172. (view) (Continued) SCHEDULE B SECTION 2 EXCEPTIONS - (Continued) 15. Terms, conditions, provisions, obligations and all matters as set forth in Ordinance No. 19, Series of 2011 by City Council of the City of Aspen, Colorado recorded February 29, 2012 as Reception No. 587076. (view) ENDORSEMENT SCHEDULE FOR OWNERS POLICY ATTACHED TO AND BECOMING A PART OF CASE NO: PCT24764W SELLER: FAT CITY APARTMENTS, LLC, A COLORADO LIMITED LIABILITY COMPANY BUYER: TO BE DETERMINED The following endorsements will be issued in connection with the Policy to be issued hereunder as referenced above: ENDORSEMENTS: For a fee of: $ For a fee of: $ For a fee of: $ For a fee of: $ For a fee of: $ Upon compliance with the requirements set forth below, the following exceptions will be deleted from the final policy. The fee for deleting exceptions 1 thru 3 is $50.00 A satisfactory affidavit and agreement indemnifying the Company against any defects, liens, encumbrances, adverse claims, or other matters known by Seller and Buyer. The Company hereby reserves the right to make additional requirements as may be deemed necessary in the event information regarding defects, liens, encumbrances, adverse claims, or the like are discovered. The fee for deleting exception 4 is $10.00 for Residential Property and $25.00 for Commercial Property. Exception Number 5 is automatically deleted upon recordation of the documents called for on the requirement page of this commitment. Exception Number 6 will be amended to read: Taxes for the current year not yet due or payable, upon evidence satisfactory that the Taxes for the prior year(s) have been paid. NOTE: A satisfactory affidavit and agreement indemnifying the Company against unfiled mechanic's and materialmens liens, executed by the seller and any additional parties deemed necessary by the Company. The company hereby reserves the right to make additional requirements as may be deemed necessary in the event additional facts regarding development, construction or other building or work are disclosed to the company that may fall within any lien period as defined in the Statues of the State of Colorado, and may result in additional premiums and/or fees for such coverage. NOTE: A current survey, certified by a Registered Colorado Land Surveyor must be delivered to, approved and retained by the Company for Deletion of Printed Exception No. 3. (NOT REQUIRED FOR CONDOMINIUM OR TOWNHOME UNITS) ADDITIONAL INFORMATION AND DISCLOSURES The Owner's Policy to be issued, if any shall contain the following items in addition to the ones set forth above: (1) The Deed of Trust, if any, required under Schedule B-Section 1. (2) Water rights, claims or title to water. (NOTE: THIS EXCEPTION WILL APPEAR ON THE OWNER'S AND MORTGAGE POLICY TO BE ISSUED HEREUNDER) Pursuant to Insurance Regulation 89-2 NOTE: Each title entity shall notify in writing every prospective insured in an owner's title insurance policy for a single family residence (including a condominium or townhouse unit) (i) of that title entity's general requirements for the deletion of an exception or exclusion to coverage relating to unfiled mechanics or materialmens liens, except when said coverage or insurance is extended to the insured under the terms of the policy. A satisfactory affidavit and agreement indemnifying the Company against unfiled mechanics' and/or Materialmen's Liens executed by the persons indicated in the attached copy of said affidavit must be furnished to the Company. Upon receipt of these items and any others requirements to be specified by the Company upon request, Pre-printed Item Number 4 may be deleted from the Owner's policy when issued. Please contact the Company for further information. Notwithstanding the foregoing, nothing contained in this Paragraph shall be deemed to impose any requirement upon any title insurer to provide mechanics or materialmens lien coverage. NOTE: If the Company conducts the owners or loan closing under circumstances where it is responsible for the recording or filing of legal documents from said transaction, the Company will be deemed to have provided "Gap Coverage" Pursuant to Senate Bill 91-14 (CRS 10-11-122) (a) The Subject Real Property may be located in a Special Taxing District; (b) A Certificate of Taxes Due listing each taxing jurisdiction may be obtained form the County treasurer of the County Treasurer's Authorized Agent, (c) Information regarding Special Districts and the boundaries of such districts may be obtained from the Board of County Commissioners, the County Clerk and Recorder, or the County Assessor. NOTE: A tax Certificate or other appropriate research will be ordered from the County Treasurer/Assessor by the Company and the costs thereof charged to the proposed insured unless written instruction to the contrary are received by the company prior to the issuance of the Title Policy anticipated by this Commitment. Pursuant to House Bill 01-1088 (CRS 10-11-123) If Schedule B of your commitment for an Owner's Title Policy reflects an exception for mineral interests or leases, pursuant to CRS 10-11-123 (HB 01-1088), this is to advise: (a) There is recorded evidence that a mineral estate has been severed, leased or otherwise conveyed from the surface estate and that there is a substantial likelihood that a third party holds some or all interest in oil, gas, other minerals or geothermal energy in the property and (b) That such mineral estate may include the right to enter and use the property without the surface owners' permission. NOTE: The policy(s) of insurance may contain a clause permitting arbitration of claims at the request of either the Insured or the Company. Upon request, the Company will provide a copy of this clause and the accompanying arbitration rules prior to the closing of the transaction. NOTICE REGARDING CONSTRUCTION FINANCING: If it is not disclosed to the company that the loan to be insured hereunder is in fact a construction loan, any coverage given under the final policy regarding mechanic or materialmen's liens shall be deemed void and of no effect. Pitkin County Title, Inc. Privacy Policy We collect nonpublic information about you from the following sources: Â· Information we receive from you, such as your name, address, telephone number, or social security number; Â· Information about your transactions with us, our affiliates, or others. We receive this information from your lender, attorney, real estate broker, etc.; and Information from public records We do not disclose any nonpublic personal information about our customers or former customers to anyone, except as permitted by law. We restrict access to nonpublic personal information about you to those employees who need to know that information to provide the products or services requested by you or your lender. We maintain physical, electronic, and procedural safeguards that company with appropriate federal and state regulations. Notice of Privacy Policy of Westcor Land Title Insurance Company Westcor Land Title Insurance Company ("WLTIC") values its customers and is committed to protecting the privacy of personal information. In keeping with that philosophy, we have developed a Privacy Policy, set out below, that will ensure the continued protection of your nonpublic personal information and inform you about the measures WLTIC takes to safeguard that information. Who is Covered We provide our Privacy Policy to each customer when they purchase an WLTIC title insurance policy. Generally, this means that the Privacy Policy is provided to the customer at the closing of the real estate transaction. Information Collected In the normal course of business and to provide the necessary services to our customers, we may obtain nonpublic personal information directly from the customer, from customer-related transactions, or from third parties such as our title insurance agents, lenders, appraisers, surveyors or other similar entities. Access to Information Access to all nonpublic personal information is limited to those employees who have a need to know in order to perform theirjobs. These employees include, but are not limited to, those in departments such as legal, underwriting, claims administration and accounting. Information Sharing Generally, WLTIC does not share nonpublic personal information that it collects with anyone other than its policy issuing agents as needed to complete the real estate settlement services and issue its title insurance policy as requested by the consumer. WLTIC may share nonpublic personal information as permitted by law with entities with whom WLTIC has a joint marketing agreement. Entities with whom WLTIC has a joint marketing agreement have agreed to protect the privacy of our customer's nonpublic personal information by utilizing similar precautions and security measures as WLTIC uses to protect this information and to use the information for lawful purposes. WLTIC, however, may share information as required by law in response to a subpoena, to a government regulatory agency or to prevent fraud. Information Security WLTIC, at all times, strives to maintain the confidentiality and integrity of the personal information in its possession and has instituted measures to guard against its unauthorized access. We maintain physical, electronic and procedural safeguards in compliance with federal standards to protect that information. The WLTIC Privacy Policy can also be found on WLTICs website at www.wltic.com. AMERICAN LAND TITLE ASSOCIATION COMMITMENT 6-17-06 WESTCOR LAND TITLE INSURANCE COMPANY COMMITMENT FOR TITLE INSURANCE HOME OFFICE 201 N. New York Avenue. Suite 200 Winter Park. Florida 32709 Telephone: (407 i 629-5842 PITKIN COUNTY TITLE, INC. 601 E. HOPKINS, THIRD FLOOR ASPEN, CO 81611 970-925-1 766/970-925-6527 FAX TOLL FREE 877-217-3158 WIRING INSTRUCTIONS FOR ALL TRANSACTIONS REGARDING THE CLOSING OF THIS FILE ARE AS FOLLOWS: ALPINE BANK-ASPEN 600 E. HOPKINS AVE. ASPEN, CO. 81611 ABA ROUTING NO. 102103407 FOR CREDIT TO: PITKIN COUNTY TITLE, INC., ESCROW ACCOUNT ACCOUNT NO. 2021 012 333 REFERENCE:PCT24764W/TO BE DETERMINED EXHIBIT G Â® BendonAdams April 15, 2016 Ms. Jessica Garrow, AICP Community Development Director City of Aspen 130 So. Galena St. Aspen, Colorado 81611 RE: 404 Park Avenue, Lot 3 of Sunny Park Subdivision; Aspen, CO. Ms. Garrow: Please accept this letter authorizing BendonAdams, LLC, to represent our ownership interests in 404 Park Avenue and act on our behalf on matters reasonably associated in securing land use approvals for the property. If there are any questions about the foregoing or if I can assist, please do not hesitate to call. Kind Regards, 6 1.i,- Peter Fornell Manager 300 SO SPRING ST I 202 I ASPEN, CO 81611 970.925.2855 1 BENDONADAMS.COM A EXHIBIT H COMMUNITY DEVELOPMENT DEPARTMENT Homeowner Association Compliance Policy All land use applications within the City of Aspen are required to include a Homeowner Association Compliance Form (this form) certifying the scope of work included in the land use application complies with all applicable covenants and homeowner association policies. The certification must be signed by the propertv owner or Attorney representing the propertv owner. Name: Peter Fornell. Manager, Property Owner ("1"): Email: p.fornell@comcast.net Phone No.: 379.3434 Address of Property: 404 Park Avenue; Aspen, CO 81611 (subject of application) I certify~s follows: (pick one) ~1 This property is not subject to a homeowners association or other form of private covenant. U This property is subject to a homeowners association or private covenant and the improvements proposed in this land use application do not require approval by the homeowners association or covenant beneficiary. U This property is subject to a homeowners association or private covenant and the improvements proposed in this land use application have been approved by the homeowners association or covenant beneficiary. I understand this policy and I understand the City of Aspen does not interpret, enforce, or manage the applicability, meaning or â‚¬ " - ,ts or homeowner association rules or bylaws. 1 understand that this docum Owner signature: date: 4 h f/G W. 1 Owner printed name: Peter Fornell or, Attorney signature: date: Attorney printed name: 13 ~ 'll kile I â‚¬ vi 91 11,Ii[â€¢Ialltlt,]Ill EXHIBIT I CITY OF ASPEN PRE-APPLICATION CONFERENCE SUMMARY PLANNER: Jessica Garrow, 429-2780 DATE: 1.20.16 PROJECT: 404 Park Avenue, 100% AH project OWNER: Peter Fornell, 379-3434 REPRESENTATIVE: Sara Adams, BendonAdams, sara@bendonadams.com, 970.925.2855 REQUEST: Rescinding a Planned Development Overlay, Growth Management, Residential Design Standards, Parking DESCRIPTION: The property located at 404 Park Avenue is Lot 3 of the Sunny Park Subdivision/PUD, According to the zone district map, the property is zoned RMF with a PD overlay. The applicant is interested in demolishing the existing buildings and developing a 100% affordable housing project on the site for conversion to Housing Credits. The lot is approximately 17,550 sf in size with some slopes and a vacated right-of-way - please note that certain slopes and vacated rights-of-way are deducted from lot area forthe purposes of floor area pursuant to Section 26.575.020 of the Land Use Code. A topographic survey showing pre-development (interpolated) grade, prepared by a surveyor, is required for the development application. The current building contains either 13 or 14 free-market residential units, to be verified by the Planning Department. The application must include existing floor plans to help determine the existing number of units on the property. The applicant plans a single for-sale RO unit and a number of for-rent 1 and 2 bedroom units at a mix of category levels, and is interested in selecting the first purchasers/renters. The rental units are intended to be made available for local lodge employees, and therefore the applicant may be interested in selling the rental units to a lodge for use in their operation. A referral to APCHA will be required to review the proposed categories, rental/sales scheme, and the ability for the applicant to select the first purchasers/renters. Growth Management review for multi-family housing replacement (26.470,070.5.c) and for the development of affordable housing (26.470.070.4) is required. These reviews are conducted by the Planning and Zoning Commission. The applicant intends to request Affordable Housing Credits for the project. The Housing Credits Chapter recently changed such that any category units (Categories 1-7) are eligible to be converted to Housing Credits, and units must be at least 1- bedroom or larger. Because the applicant intends for the units to be rental, an additional agreement with the City ensuring the long-term affordability of the units. This is reviewed by the Planning and Zoning Commission. The development is required to comply with the Residential Design Standards (26.410). Any variations from the standards can be reviewed by the Planning and Zoning Commission. The applicant represents that about 7 onsite parking spaces exist, to be verified by the Planning Department. An existing deficit of parking is allowed to be maintained onsite. Because the property is located outside the infill area, the lesser of 1 space per bedroom or 2 spaces per unit is required onsite. The applicant proposed to meet the required parking with an underground garage. Staff recommends that the applicant begin conversations with the Engineering Department about the curb cut, gutters, sidewalk, and other requirements triggered by the redevelopment. A Transportation Impact Analysis is required for the development. It requires that the trips associated by the net new units be mitigated through MMLOS and TDM measures. The applicant is encouraged to discuss the best MMLOS mitigation measures with the Engineering Department prior to application submittal. During a previous application, the Engineering Department was interested in exchanging some land, as a part of this parcel juts into the road. The applicant should address this with the Engineering Department to determine if it is still an option. If so, the applicant should meet with a staff planner again and have the pre-app updated, as a subdivision review is required. Once a ASLU 404 Park Ave. Rescinding PD GMQS/RDS/ AHC review 1 14 i scope of the change is understood staff can determine if it qualifies as a "Land Subdivision" (26.480.070.A) or a "Vehicular Right- of-Way" subdivision (26.480.070.B). These are Council level reviews, following a recommendation from the Planning & Zoning Commission, Please note, this pre-app is written to not include a subdivision review. Rescinding PD designation: At this time, the applicant believes the proposed development will comply with all dimensions in the RMF zone district, and is therefore interested in removing the Planned Development designation from the property and applying the underlying RMF zoning to the project. The Planned Development chapter of the Land Use Code (Section 26.445.100.I) describes the review for removing a Planned Development designation based on a cause shown. Removing the PD is a one-step hearing by City Council. The applicant is not required to rescind the PD even if no dimensional or use variations are proposed. Note: Steps 1 and 2 are separate applications. Step 1: Apply to rescind PD designation - City Council review Step 2: Apply for GMQS, RDS variances (if required), Housing Credit Establishment Below are links to the Land Use Application form and Land Use Code for your convenience: Land Use App: http:#www.aspenpitkin.com/Portals/0/docs/City/Comdev/Apps%20and%20Fees/2013%20Iand%20use%20app%20form.p df Land Use Code: http:#www.aspenpitkin.com/Departments/Community-DevelopmenUPIanninq-and-Zoning/Title-26-Land-Use-Code/ Transportation Impact Analysis Guide: http://www.aspenpitkin.com/Portals/0/docs/City/Comdev/Recent%20Code%20Amendments/TIA%20Guidelines/Aspen%2 OTIA%20quidelines.pdf Transportation Impact Analysis Tool: http:#www.aspenpitkin.com/Departments/Community-Development/Planning-and-Zoning/Current-Planning/ Land Use Code Section(s) 26.304 Common Development Review Procedures 26.304.035 Neighborhood Outreach 26.410 Residential Design Standards 26.445.100 Planned Development- Rescinding Designation 26.470.070.4 GMQS- Development of Affordable Housing 26.470.070.5 GMQS- Demolition or Redevelopment of Multi-family Housing 26.480 Subdivision 26.515 Off-Street Parking 26.540 Affordable Housing Credits 26.575.020 Calculations and Measurements Review by: Staff for complete application (Step 1) City Council for rescinding PD designation (Step 2) P&Z for GMQS, RDS and AHC Public Hearing: Yes for both Steps 1 and 2 Neighborhood Outreach will be required for both 2 15 Planning Fees: STEP 1: Planning Deposit - Review Type ($4,550 for 14 hours) STEP 2: Planning Deposit - Review Type ($3,250 for 10 hours) Referral Fees: For STEP 2 ONLY: Housing ($975 flat fee) Parks ($975 flat fee) Engineering ($325 per hour) Total Deposit: l STEP 1: $4,550 J (additional planning hours over deposit amount are billed at a rate of $325/hour; additional engineering hours over deposit are billed at a rate of $325/hour) To apply, submit the following information: [3< Completed Land Use Application and signed fee agreement. [2< Pre-application Conference Summary (this document). W Street address and legal description of the parcel on which development is proposed to occur, consisting of a current (no older than 6 months) certificate from a title insurance company, an ownership and encumbrance report, or attorney licensed to practice in the State of Colorado, listing the names of all owners of the property, and all mortgages, judgments, liens, easements, contracts and agreements affecting the parcel, and demonstrating the owner's right to apply for the Development Application. R Applicant's name, address and telephone number in a letter signed by the applicant that states the name, address and telephone number of the representative authorized to act on behalf of the applicant. QI< HOA Compliance form (Attached) n/a Â¤ Documentation showing the proposal meets all Transportation Mitigation Requirements as outlined in the City's Transportation Impact Analysis Guidelines and Mitigation Tool, available online at: http://www.aspenpitkin.com/Departments/Community-Development/Planning-and-Zoning/Recent-Code- Amendments/. A copy of the tool showing trips generated and the chosen mitigation measures should be included with the application. N A written description of the proposal and an explanation in written, graphic, or model form of how the proposed development complies with the review standards relevant to the development application and relevant land use approvals associated with the property. W A site improvement survey (no older than a year from submittal) including topography and vegetation showing the current status of the parcel certified by a registered land surveyor by licensed in the State of Colorado. R Written responses to all review criteria. 2 An 81/2" by 11" vicinity map locating the parcel within the City of Aspen. 64 1 Complete Copy. If the copy is deemed complete by staff, the following items will then need to be submitted: 3 16 Il FOR STEP 2: 10 Copies of the DRAWINGS ONLY . Number of copies correlates to referral agencies and review boards. Il Total deposit for review of the application. Â¤ A digital copy of the application provided in pdf file format. Â¤ A sketch up model will be required for the public hearing. Disclaimer: The foregoing summary is advisory in nature only and is not binding on the City. The summary is based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. The summary does not create a legal or vested right. 4 17 rEXHIBITJ-~ 5.00. 1.0]=MI -- 1 23 ..00. n - -El-11 MF~ :I'lliwiul 1 . ...11 1 - r-Â» 1 412Ssc 1 - 1 1 1 11. 1 41 ,- 1- ..,/ /,4.8....1- . -,1 . ...... r/00*n 1 ... 1.-1 - Rwg*.".,. 715 West Main Street, Suite 204 1 1,5&97>Â·4Â·15Â· g :Â· 301.50.98 Â·Â· / - . Â·. 11 1 [3*1 1 - -eL-* Aspen, Colorado 81611 P: 970.279.4157 F: 866.770.5585 1. 2. 3. 4. 5. SUBGRADE CALCULATION LEGEND ~ 404 PARK AVE ~1-0-1 71=-0-213-LI ~2 0- ff foff-1 925 sgfil . Aspen CO 81611 ~ ~ EXPOSED WALLAREA 4111111_) ~ SUBGRADE WALLAREA 6. 7. 8. CONSULTANTS ' SURVEYOR 1 1-80 Existing Floor Area Calculations 1 i 404 Park Avenue AE e Su I L-1 I. L. Wal - F ToW W,1 A~ A | C 1 '25.25 5175 3nm I ~ ' 2 1000 500 ----- 1 CIVIL 1 TBD 5 0.00 .25 4125 /,1 11 6 0.CO 80.00 7 000 .150 .150 ' 8 m 50 925 S .......ArÂ· 570.75 ....iâ€¢a' 58600 ~ I .......I----- li MECHANICAL d..m A.,1 1 . of Wal TBD Bull~1 AE,J,~1 NQUO ' W. .# Su *CouF.t,bl,Floo..a STRUCTURAL I C E- ' , 1 TED Ler,IW~Late! Wall- I W -, Wal A- 1 1 9 000 264.75 264.75 , 1 10 48.SO 127.~5 11 10075 16425 12 56,75 119.25 0. , ** Wal Ape la . E .1,0a F, 1 , CONTRACTOR O,Â«I ToÂ¢al*alha' A TBD I. W. ai~ToUil F8.54/ B Bu C Eli- 1 1 883Â· 8'-614. 1 , ./ .# .4% , 3 k), CC-#m- Flc,Â¢* A , 8,04 1 1 ~ DRAWNG SETS a.r ' Floo,A.IC,lu,110- [),c*~~ea ' noorA,02 0,vj' Fk*Â¥Afea R=10(Sq Fl) , 2 , NAME ID ISSUEDDATE STATUS -*I- F, 1406,50 . 59: 767.74 Â· **#- Ft 17Bl.00 1.781.00 r L- Floor~a A 1724.75 2 4 .34Â· , Deel[ Floor Area S Ft 88500 1 1 1 Build B M-le-Nloo.~e~ Ft 188300 1883.00 Â· ' 1 , 1 De<* FloorAfea S .1 6,~13, C Ma*evel.*.ea Ft 883.75 75 54. rler/Fbor Area F 883.75 883.75 Ded, Fk,or Ar. -- ' ' NM- A ... -~ ~ 50Â·6'r Build, D . .. I.:- -6.-:-. 1.-/. --- : Fl- LJFCT/10 1 4 Ma~Level-* Ft 864. 854.50 2 61 1 ToWE-i Ded,Ar- lesli * Isti Floor A- *~25 8,02- I #efte D ' ' DRAWN BY: BMD 2 - 358tâ‚¬~Ii.~Â·4:-Â· i FAR PLAN LEGEND ' i COPYRIGHT FORUM PHI LLC ---- El==71 ------~- --------- 1 / ; ---- l ZONE DISTRICT RMF PARCEL ID # 273707404705 COUNTABLE -~ - - ' l - --- ~ LEGAL DESCRIPTION SUBDIVISION: SUNNY PARK LOT: 3 GARAGE +Alar-- Ud-r -- - 7 ~ DECK ---J 4-- --9 SHEET TITLE Z-010X 288281 EXEMPT F[.1-1 ~ N EXISTING LOWER LEVEL 1/8" = 1'4 FLOORAREA 148 16 \31/ CALCULATIONS 18 ./6I*I~IlE' LE ~1114Â« ~--~ 1 111 127.- 715 West Main Street. Suite 204 Aspen, Colorado 81611 P: 970.279.4157 F: 866.770.5585 1 9. 10. SUBGRADE CALCULATION LEGEND ~ 404 PARK AVE U 00 - 0[Jit | ~| EXPOSED WALLAREA | Aspen CO 81611 119.25 . M 9 4 - 1 [33833 : 1 L3461 SUBGRADE WALL AREA :.,4. 11. 12. :3'4 - CONSULTANTS SURVEYOR Existing Floor Area Calculations TBD 404 Park Avenue 113 C L.-11 2 1 883.75 sq It 0.- A E# L-,1 *c~GUI~tion, 3~\~~~f~L====~12i athL-1Â¥V,IL~141 ad,â„¢IN// 5 . A 32925 51.15 377.00 2 1000 5.00 15.00 CIVIL 3 'I 252 64.2 - 4 4 35 C. ..00 10300 5 0,Go 4125 41.25 Me.. FT ' -2 - 1_\~.. - 7 000 40150 401. 8 16150 925 17075 S ..Wall- A 5.75 Am, A 1 . -557 I Gl Wal f T NE. r - 1 A.. - F.-' A.- C*â€¢A~n, ~ 4 I Of ./ , To,4 5459'~ Su -Count=bl, ~lce> A- S FC.74 ahid,D;Â§1~; a 1 9.3 , STRUCTURAL Suad! C 11 t,â€¢,4. ..c.c-ons , TBO S L V.' L,bel .4. 4- I W. A- Tc-WaIN- I 9 000 2.75 ~ 10 48.50 12~76 t75.26 11 10015 16425 265.00 12 56.75 119.25 ~75.00 W Ama I ... CONTRACTOR w*782 B O",01.1.WA'rompas i , TBD . 1.883 00 Sgtt Phot# aa,Fli=Area' A 803.. 7 Mmu :. p~ ./1 ~TaINI 75.64'6 -/- *Coul-M,Aooâ€¢ArÂ», 017 DRAWING SETS T .1/U Fle..Af-C*,110Â»- 40xx# F Mil- Floo.A--Â»(Sq" ~f/ NA,lE_i~â‚¬L-'*E-ME_- ~ STATUS 9-- A /7 Su 'ade...ea Fll 1 406.50 549/ 767.74 Main Le,el Floo,# I 'Â·781.00 U ile//Floor.la S Ft 1 724.75 1 724.75 Del Floor Area S F 885 DO 'lll IA- l-,1 Acof A,ea F 108300 1883.00 / Dec~-Arna Fl O.DO / 40 Bu,3 C f M- Level fk~r~ea ' A 863.75 . 64?a 677.34 ......eal A 883.. Deck Fkx,Arna Fl 8026 Bul D 1.-Level *.ea r I -.50 SU.50 0 Co 4 . #4 T-1 E.: ck A- I 'SUS Tot,1 ' Ar~ I ..27 8"2- # 4 F===4,3/ c-- Â£-J D #T##*k...37 PROJECT NO: 1507 / f LE~ 0 1- 86450 1.4 /1 9 DRAWN BY BMD ~ FAR PLAN LEGEND /'' X / i ~ ~ ~ I COPYRIGHT FORUM PHI LLC 1.781.00 sCI Il -==:t ---**/..k 7 ZONE DISTRICT RMF PARCEL ID # 273707404705 COUNTABLE Â»22/ LEGAL DESCRIPTION ~ SUBDIVISION: SUNNY PARK / P LOT. 3 ~ GARAGE / SHEET TITLE ~~ ,11 DECK ~ EXEMPT N I z-011x ~ -EXISTING.MAINLI:EME11/8"=1'-0' p U U L__I mi FLOOR AREA 148 16 Uj I L.-219.ILATIOE_1 19 FORUM PHI 715 West Main Street, Suite 204 Aspen, Colorado 81611 P: 970.279.4157 F 866.770.5585 404 PARK AVE Aspen CO 81611 CONSULTANTS - SURVEYOR Existing Floor Area Calculations ; TBD 404 Park AveM i BUNdIng A .*ling '-8. L,Â¥' . 0- W.' C 1.... Subpda '*Il U./1 Sub./cle.......1, ..ed......Â¢) T- W~ A- 154 Ft) 1 329.25 9,75 377 C CIVIL 2 10 DO 5,00 15.00 3 3~ 00 252 , B83.75 sq R ' TBD 4 35.00 8800 ~125 , 8 000 .00 &4ija 7 0.00 40150 8 161.50 925 1~075 56...de 'lliA.:- :..i =11 MECHANICAL Exp-d./.ul ./. 68800 , Ove.alâ„¢aINAr.NI ; -Te D ./Expos,d WaRIE~poeed,70~81) ..M i j Bunrting' .*htin,1 .b,1.-, Floer Af,a Ca,cu-on: ~~ S,~ade'luor A- IN FU 1 1Â·louo ; , '. 01 Eo-d ..ed ' Tott Subgrad~Cou~t,bl,AcÂ©,Ar**,Sal 1 ~ , , STRUCTURAL Buildin, C bher, 5.*of,d, t.-4 Eze-d W,1 Clic,*-râ€¢* TBD Sum.M....... Sie-walleamn.. E*po~.dMA-*Ft) WIIA-~Sq Fl) , , 9 0.0 264 7/ 254.75 1 , 10 48.50 127.75 176.25 11 10075 16425 12 56.75 119.25 176,00 ' --*Fl; EJ,Do--Ale'll'. 6,8- , CONTRACTOR C)-,ITot~,Wal,rea,SOF!1 ; i TBO VE-IE*-d'Tal,1) .m 1 1 au~no C Enheng eub~d, * A- C*,4-n~ i B 5.1,7â€¢ade.100,â€¢ree./ 883+7'5 hol.0-1WallE*po.d~TOW' 76.6446 ' 1 Su,Â»-Coâ€¢â€¢-4,~10,0.Â»-0,(Sq. trut ' 1 1 DRAWING SETS Towb-non#cul~t-, Dncl~Amals,fl)-F:*10~i.U'{Snpl "" bilinue'E,00- -#*g FO I f 1 ' ' NAME | ID | ISSUED DATE | STATUS S....FloollealS. F 54.59. 76774 . M-Lev~,Fk=A- rS, Ft, 1781/00 1.781,00 1 . Upperlii.NFRÂ»r~ea~Fl; 1,724.75 1 724.75 7 7./ 11 11 Dec#e~(Sqâ€¢t, 88500 Buildin,18 Main Le.elâ€¢loo, Aea I. Ft) Dec*Fh,or Areamq. 0.00 ..g C Main Level'ka.ea 09 I 883.75 ~661.. h':,11 Up,level~or~ea(Sg Ft) 883.75 883,75 --- -I .... De#*Sq F' 81}~6 4Â» ' Building. Main Luve!Floor&0~ 04 I 864.50 854.50 T.Aal E-W~ Dâ€¢ek Ar- 15â€¢, F. .6-25 '42,25 1 - PROJECT NO 1507 A E D , i DRAWN BY: BMD FAR PLAN LEGEND .fL/' 1,724.75!,qn i .~- i ---- i COPYRIGHT FORUM PHI LLC 1 1 - 1 ; _/ : ZONE DISTRICT RMF U /9// // f COUNTABLE _ ' ,/ ------______ ; PARCEL ID # 273707404705 LEGAL DESCRIPTION SUBDIVISION: SUNNY PARK LOT: 3 I GARAGE ~ / SHEET TITLE r~ DECK EMS*4 EXEMPT Z-012X IN/wgi N EXISTING UPPER LEVEL 1/8" = 1 -0" Flf-1 1 * FLOOR AREA 16 CALCULATIONS 20 r--I .. . .. .. . I I. , 4*~ . 1 1 . ~~-9 %t*#bASÂ» lum-1 --~ . â‚¬-Â»2-Â«f#,6-4*6-2..4*2; .... .. . .....--0==4....$/. . 1 ..:......: ..-- 1. 1 /1, 1 . .... . ... 1 A. . - ..0 -A. .. .. .. // 1 ' 1 // 11 // It ' FORUM 1 i 1 1 , 1, \ / 11 1 1 1 715 West Main Street, Suite 204 / / ---------------------------------------------------------------------------r--1 1 PHI 1 1 19 1 1~ 1 ~ P. 970.279.4157 F: 866.770.5585 t, Aspen, Colorado 81611 , // ill , 11 i 1 : 2 11, i 1 1 404 PARK AVE 11 1 , , , 1 , ~ Aspen CO 81611 , 1 1 I -1 1 1 1 , 111 1 1 -1 1 1 4 / 1 1 1 1 f, 1 \ ./ it \ 0 I , 11 1 1 , . E 1 1 1 1 - , l 0 |' CONSULTANTS , 1 ~ , : SURVEYOR TBO 1 ' I , 1 CIVIL - TBO - 11 |OUTLINEOFBUILDINGPERIMETERABOVE~--4 ~ 1 1 , ~ MECHANICAL i l TBD , 1 11 1 1 ~ STRUCTURAL 1 1 TBD r--- / 7,2 ; P.- , 1 1 11 i I CONTRACTOR , TBD 11 DRAWING SETS l - 1 - +4 ----- 1 1 MAME | ID | ISSUED DArE | STATUS 1 2 F-----*- --- 1 ED 1 ------*--*--*--1 1 CRAWL 1 , 1 e SPACE UNIT 6 1 2 0 1-1 ~, 1 3 , 1 .........-- /1 1 - UNIT 14 ' ;' I PROJECT NO: 1507 ~*maza~__. I 1 1 1 l ! 1 DRAWN BY: BMD ,' ' i COPYRIGHT FORUM PHI LLC 1 - /11 , L--- ; 1 , ZONE DISTRICT RMF --' 1 1 PARCEL iD # 273707404705 BIDG INTO SETBACK -- --- -- , ' LEGAL DESCRIPTION ~ ~ SUBDIVISION: SUNNY PARK Ill 1 LOT: 3 ------ lu 1 1â„¢ 1 --le--L_I SHEET TITLE 1 ---- -- -- -- - -......1- 2---{........Â£ Z-101X EXISTING LOWER LEVEL 3/16"= 1'4" U u 1 1 8 EXISTING LOWER 1 4 8 16 LEVEL 22 l 1 1 1 1 FORUM , 1 1 / 1, ~ E.........In! 1 PHI i 1 1 Fiiâ‚¬CO ' 1 /1 \ i 1~ | 715 West Main Street, Suite 204 1 1 P: 970.279.4157 F: 866.770.5585 ~, Aspen, Colorado 81611 1 1 ' PONY WALL I , 1/ 1 ' 1 404 PARK AVE , 1 i /1 i 1 1 , - 1 . Aspen CO 81611 UNIT 2 UNIT 3 1 -7- 111 / , i . , 4 4 1 1 & 36'.4 t. 44 I ' 1 I f:7:.32' , ---7 IBLOG INTO SETSACK , , 17 ' - L 6 1 - 1 . /. / 4 I , i * - 1 ......22*:2..../....1.........I UNIT 13 l CONSULTANT HOTWATER HEATER , IBÂ·JILER , SURVEYOR TBD .. UNIT 1 \ 11 / I / 1 1 STEP DOWN 18 / . i -- 7 1 11 / 1 SHED 1 ,. , CIVIL- 1 11 TBD , / 1 /. 2; . \1 I , 1 1 1 MECHANICAL TBD *-Iffli Em-Â·Â·Â·Â· STEP DOWN 16 r-- 1 - r- - , [,7..REKE. I li-- .0 - Il '' 1 1 ' , -1. ~ \ STRUCTURAL 2 rrl' 1 1 TBD 1-11%6 2 1 ~ CONTRACTOR 1 r . i TBD +41, 60 ~N 6 4.J, 1 a . It Ll REPLACE ~ -'*AIF , ~ - REET-97 DRAIWNG SETS 4 -- IME |D| ISSUED DATE | STATUS I +EF 49 ' 7 /LA /U J / <-*cra UNIT 9 +40 itt- d. UNIT 5 11Â»L--1 - Al-j I 1 , 1 dll - liEN V -21~ -- UN/T8 in UN/Ts L # r~---2~~~_ L ~ --1 4 1 - 1 PROJECT NO 1507 : /4 1 111 m . 11 1/ ~ DRAWN BY BMD ~ , COPYRIGHT FORUM PHI LLC 4... / LI:. it UNIT 7 - ./ 11 + , Â· ZONE DISTRICT RMF _ / ________________._--- r,7.~~~d rt ILL 1 1 PARCEL ID # 273707404705 - IL[}GATOS~~-----~*-- ------------____J 1 1 LEGAL DESCRIPTION 1 SUBDIVISION: SUNNY PARK -----23--~--------------------------- --- 1 ' ' LOT: 3 ---- 6 SHEET TITLE J ==A--E~EEBACK --- - BLOG,/To SETBACK Z-102X N EXISTING MAIN LEVEL 3/16"= 1,-0. UU 1 1 65 EXISTING MAIN 1 4 8 16 LEVEL 23 ?01,0, 1 11 ,/ It 1 1 1 ~22OSETBACK~1~ ~ FF i FORUM / 11 1 1 1 PHI 1 1 \, ' 1 ~ ~ 715 West Main Street, Suite 204 I .11 Aspen, Colorado 81611 / / P: 970.279.4157 F 866.770.5585 \' , / It. 1 //\ , 1 - ' , 1 404 PARK AVE / . U- -- 1 1 - S , --- Aspen CO 81611 , 1 I 1 I -------- ---- 1 1 UNIT 4 1,1 1 1 1 I 1 '1 ~ 1 ./ // 1 , I I , I / : 1 .4 1 1 / 1'-7' / 1 1 1 , I i , 1 1 . I t. I I . ~~ ~ ~ ~ BLDG INTO SETBACK 1 1 , 4 I , I . Â£ 1 , CONSULTANTS /4 \ / , , ~ SURVEYOR | i TBO 1// i 1 Ill 1, 1 ./ 1 . 1 ... 1 ~ CIVIL . C ''. i i 1 TBD I - -- 1 - ----- \ , It, , / 0 1 1 1 , ~OUTLINE OF BUILDING PERIMETER BELOW E---1, lili 1 1 ' ' MECHANICAL 1 1 |' TBO 1 t 1 1 , 1 1. j 1 STRUCTURAL i , TBD 1 1 1 I !CONTRACTOR , 1 TBO , 1 , 1 1 1 1 1 1 1 1 1 DRAWING SETS 123-1 . --------- 1 , NAME |ID | ISSUED DATE | STATUS 0 ----- UNIT 12 UNIT 11 UNIT 10 / 11 , 11 1 / '1 Elki -- , 1,1 1 ---*-----*-- '' 1 1 I t PROJECT NOÂ· 1507 1 --- ~ ~ ~ DRAWN BY. BMD - i COPYRIGHT FORUM PHI LLC 6 ZONE DISTRICT RMF ~ PARCEL ID # 273707404705 --1 1 , 1 ~_ ~-4 -_____-__. 1 LEGAL DESCRIPTION i ~ SUBDIVISION: SUNNY PARK 1 ' LOT: 3 - - --- l --4 --- SHEET TITLE Er --- - 31- 1 ---- ---- --- ill--E@imBE-323 ---- --, Z-103X N EXISTING UPPER LEVEL 3/16Â·= 1'-0" U U I I * EXISTING UPPER 1 4 8 16 LEVEL 2A 24 / 1 \ 1/ \' 1/ \ 1 1 1-'4+ 4-rÂ·' 4 t"&# FORUM 4 ' t 1.-11-1.-1.1-LttiliI->Â·11-4-!1244%4- ' 21:'- 4.1-1 = I PHI 1 1 4227 Liff*5~3%?iti-'~ ~*~;942 -74 21 -1.- 2 l , ' 1 32 ***r_ 221+ 2 1 , 9 7. 82 715 West Main Street Suite 204 hÂ· 2 / '1421- I -413* Â·9' 1 P: 970.279.4157 F: 866.770.5585 ,--ILL Â· . 1~1 ' 1 1 .-9.- // TE. 1-Lie I .~.113 4Â· Aspen. Colorado 81611 09.- Â· ~ Â·Â·.7 ~57 1 / , .:942 F'~~br =4~-ft 2 LE.1-4 ,/ . '01 - ~-v. ~I ~ -21 ~AI~ i fl 1-44 , , ~ROOFOVERHANG IMENSIONS~ ., ijl~'. ~: :1!~Ili-Bill-I'l~AlÂ·t-ii . ''44,-;~. 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"911! .MIL}-~1-liff ~1!121: Pill'111 1-11 \ . wvwup *px *-r,t.,ils--:1 F Out 1 1 CONSULTANTS : 1 4 1 SpRNEYOR ii: ,Â·i,Â· u;11;Ii: :,14. w,!l.'111,14 HIrll, :1, TBD .. 41 44-0,211:|pi :.11#1~ Â·EZDEil-:1Â·1*ki,+2: 11i,QÂ·,I+;~11-~1+:lillid:it \ \ 1 1 -P Â®GÂ®'hk Â®11Â· 5 YANÂ®Â¢1Â·:1 : ANEUPWUWUm' . I 41 1 , CIVIL f '. - : 1, 111:bl: ,; 1111 1 1 TBO 0 1 t P $ lit i rt ~ 1 MECHANICAL ii~ ' T 1(~t.'~'P, '... 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I rut 5-46 - -rz... MisÂ«-6 444 2. 14 -+12 3~1 ..b 4~ 7.7- J. 42 -,7444-1 _11 pt#26.44 4 94 r i P -Â»951.44 5.- -. Â» ~16-27Â·Â·47 1- -r-- , -, r. iff i ' PROJECT NO: 1507 reÂ»F np - 9.4.95 4-~ - -7 I L - .,- 7-I 12:12 -954 49-2,-4 .262., - 43* -, -2#22 #B _ ~ DRAWN BY: BMD /4 | k- 027 =7Â£= i COPYRIGHT FORUM PHI LLC 4 tÂ»39 .41 '7 6- CrÂ«E_ r-Li J-/- ~- 15-47%/5fi-'-1 4 J ~ ZONE DISTRICT RMF <2- r" ~ElÂ«Â».7,"ES@=iÂ»nittrl At Â»9%Â£3"7- - 1 PARCEL ID # 273707404705 ------------- --il---- -% .> I ~Â»-4-7.1-â€ž.tzy . k23?Â·- --torÂ·Â©t-'. 'r 1 1 LEGAL DESCRIPTION i ~ SUBDIVISION: SUNNY PARK _____00___________ 1 OT: 3 Â» ' 04 4 â€¢4 ICÂ»-4 T - 4 --- 6 4 7 "Â» 'Â·44-64,- i. 7- f2kfj - - - ~212 --85*Ed , SHEET TITLE ~ 1126.2 1 - 1 It 34Â· --l A-104X N EXISTING ROOF PLAN 3/16= 1'-0,1 U U 1 1 ED EXISTING ROOF 1 4 8 16 PLAN 25 ~ -~ .M-rl . -i,~ij-0-~* 014Â»14 THE CITY oF ASPEN Land Use Application Determination of Completeness Date: June 6.2016 Dear City of Aspen Land Use Review Applicant, We have received your land use application for 404 Park Ave. - Rescinding a PD Designation and have reviewed it for completeness. ~ Your Land Use Application is complete: / Please submit the following to begin the land use review process. 1) Digital pdf o f the entire application. 2) Review deposit of $4,550.00. 3) One additional hard copy of the entire application. Other submission items may be requested throughout the review process as deemed necessary by the Community Development Department. Please contact me at 429-2759 if you have any questions. Thank You, /1%279 1 (340Â»-w - nni Phijn, Deputy Planning Director City o f Aspen, Community Development Department For Office Use Only: Qualifying Applications: Mineral Rights Notice Required New PD Yes - No_~< Subdivision, or PD (creating more than 1 additional lot) GMQS Allotments Residential Affordable Housing Yes 34/ Commercial E.P.F. Lodging