HomeMy WebLinkAboutcoa.lu.pu.Barbee.A101-992735-131-00-100 A101-99
Barbee Family PUD Insubstantial Amendmen
3499
COMMUNITY DEVELOPMENT DEPARTMENT
130 South Galena Street
Aspen, Colorado 81611
(970) 920-5090
City of Aspen
Land Use:
1041
Deposit
1042
Flat Fee
1043
H PC
1046
Zoning and Sign
Referral Fees:
1163 City Engineer
1205 Environmental Health
1190 Housing
Building Fees:
1071
Board of Appeals
1072
Building Permit
1073
Electrical Permit
1074
Energy Code Review
1075
Mechanical Permit
1076
Plan Check
1077
Plumbing Permit
1078
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Other Fees:
1006
Copy
1302
GIS Maps
1481
Housing Cash in Lieu
1383
Open Space Cash in Lieu
1383
Park Dedication
1468
Parking Cash in Lieu
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1268
Public Right-of-way
1164
School District Land Ded.
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A101-99
2735-131-00100
Barbee Family Subdivision/PUD Insubstantial Amendment
Lots 8,9,10,11 Barbee Subdivision
Nick Lelack
Insubstantial Amendment
John Barbee
Sunny Vann
Approved by JAW
2/8/00
J. Lindt
PARCEL ID: 2735 131-00100 ATE RCVb 11/8/99 Trt C = . :�
CASE NAME: Barbee Family Subdivision/PUD Insubstantial Amendment
PROJ ADDR: Lots 8,9,10,11 Barbee Subdivision CASE TYP: Insubstantial Amendment
'N/APP: John Barbee ADR 1400 Story Mill Rd. C/S/Z: Bozeman/MT/59915
: Sunny Vann ADR: 230 E. Hopkins C/S/Z: Aspen/Co/81611
FEES DUE: 460 D FEES RCVEJ
P011VM
, � -", " f j
,n.,.,, REF:- BY DUE:
CASE NO' A101-99
Nick Lelack
1= STEPS:
PHN: (406)587 1429
PHN 925-6958
STAT:
MEMORANDUM
TO: Julie Ann Woods, Community Development Director
FROM: Nick Lelack, Planner N40-
RE: Barbee Family Subdivision/PUD Insubstantial Amendment
DATE: November 19, 1999
SUMMARY:
On behalf of S&S Development. LLC, Sunny Vann of Vann Associates, LLC, has
applied for an Insubstantial Ame ,.dment to the Subdivision/PUD Agreement
("Agreement") for the Barbee Family Subdivision/PUD. Five amendments are requested:
Amend Article II, paragraph L(i) of the Agreement to increase the floor area of
the Category 4 duplex units located on Lots 8, 9, 10, and 11 from 1,400 square
feet plus a 500 square foot basement to 1,550 square feet exclusive of the
basement.
2. Amend Article I1, paragraph L(i) of the Agreement to allow the submission of
alternative architectural plans to the schematic architectural plans approved in
connection with the final subdivision/PUD application. The alternative plans will
be subject to Community Development review and approval.
3. Amend Article II, paragraph L(o) of the Agreement to allow the applicant to
apply for and obtain building permits for the free market units prior to the
issuance of Certificates of Occupancy for each of the Category 4 units. However,
the applicant shall not receive a final building and electrical inspection for the free
market units until after a Certificate of Occupancy has been issued for each of the
four Category 4 units. Currently, the applicant cannot construct the free market
units until after all the Category 4 units are issued a Certificate of Occupancy.
4. Amend Article II, paragraph 6.(a) of the Agreement to allow the applicant to
develop an air quality mitigation plan with the Environmental Health staff after
final recordation of the final Subdivision/PUD Agreement and plat instead of
before final recordation. No building permits will be issued for the project until
the air quality mitigation plan is approved by the Environmental Health staff and
Community Development Director.
5. Amend Article II, paragraph L(e) of the Agreement to allow "off-street" parking
as an allowed use outside the designated building envelopes. This issue was not
addressed in the conditions of approval for the final subdivision/PUD.
If approved, these amendments will be incorporated into the Subdivision/PUD
Agreement prior to final recordation on November 24, 1999.
Community Development staff recommends approval of the requested Insubstantial
Amendment to the Subdivision/PUD Agreement for the Barbee Family
Subdivision/PUD, with conditions.
APPLICANT: S&S Development, LLC represented by Sunny Vann of Vann
Associates, LLC.
LOCATION: Lots 1 and 2 of Block 11 and Lots 1-9 of Block 5, City and
Townsite of Aspen, plus additional metes and bounds,
Parcel No. 2735-131-00-100
ZONING: AHI/PUD, R-15/PUD and Conservation
BACKGROUND:
The Barbee Family Subdivision/PUD was approved by City Council Ordinance Number
11, Series of 1999. The Subdivision/PUD Agreement and Final Plat, Deed of
Conservation Easement, and Trail Easement Agreement will be recorded on November
24, 1999 with the requested changes in this Insubstantial Amendment.
REVIEW CRITERIA & STAFF FINDINGS
1. Section 26.480.080(A), Amendment to Subdivision Development Order
In order for this proposal to qualify as an Insubstantial Amendment, the request must
comply with Section 26.480.080(A), Amendment to Subdivision Development Order,
which reads as follows:
A. Insubstantial amendment.
An insubstantial amendment to an approved plat or between adjacent
subdivision plats may be authorized by the Community Development Director.
An insubstantial amendment shall be limited to technical or engineering
considerations first discovered during actual development which could not
reasonably be anticipated during the approval process, or any other minor
change to a plat which the Community Development Director finds has no
effect on the conditions and representations limiting the approved plat.
Staff Finding
Community Development Director finds that the proposal qualifies as an Insubstantial
Amendment because it is limited to technical considerations which could not reasonably
be anticipated during the approval process. Staff also believes that the five (5) minor
changes contained in the amendment do not effect the conditions and representations
limiting the approved plat.
2
Staff finds that increasing the size of the Category 4 duplex units on Lots 8, 9, 10, and 11
by 150 square feet each to 1,550 square feet will provide higher quality affordable
housing units, which has been a goal of the Barbee family throughout the review and
approval process.
The Community Development Director also supports the request to allow the property's
potential new owner, S&S Development, to submit alternative plans for the Category 4
units subject to the Community Development Director's approval and that they meet the
City's Residential Design Standards. Staff recognizes that the new owner's architectural
design preferences may vary from the Barbee family's preferences and, therefore, should
have the opportunity to submit alternative plans.
The applicant also requested the ability to construct the free market units at the same time
the affordable housing units are constructed on the condition that a final building and
electrical inspection will not be scheduled for the free markets units until a Certificate of
Occupancy is issued for each of the affordable housing units. Staff finds this to be a
reasonable request because the City continues to gain assurance that the affordable
housing units will be available for occupancy before the free market units are occupied.
In addition, constructing the free market and affordable housing units concurrently will
shorten the time it takes to build the units, which should reduce the construction impact
on the neighborhood.
The applicant states that the changing ownership of the property from the Barbee family
to S&S Development necessitates the development of an air quality mitigation plan by
the Environmental Health staff after, rather than before, recordation of the final plat.
Staff supports this request because, in this case, the new property owner and developer
should develop an air quality mitigation plan that will appropriately address their
construction practices. Further, the timeliness of the changing ownership and recordation
deadlines makes developing the plan prior to the recordation a challenge for all parties
involved. Staff supports this request on the condition that the plan be developed with and
approved by the Environmental Health staff prior to applying for building permits.
The Community Development Director finds that the final request to add "Off -Street
Parking" as a use allowed outside of the designated building envelopes is acceptable as
long as it is within the designated setbacks.
2. Section 26.445.100(A), Amendment of PUD Order
In order for this proposal to qualify as a PUD Insubstantial Amendment, the request must
comply with Section 26.445.100(A), PUD Insubstantial Amendments, which reads as
follows:
K
A. PUD Insubstantial Amendments
An insubstantial amendment to an approved development order for a final
development plan may be authorized by the Community Development
Director. The following shall not be considered an insubstantial amendment:
1. A change in the use or character of the development.
2. An increase by greater than three (3) percent in the overall coverage of
structures on the land.
3. Any amendment that substantially increases trip generation rates of the
proposed development, or the demand for public facilities.
4. A reduction by greater than three (3) percent of the approved open
space.
5. A reduction by greater than one (1) percent of the off-street parking
and loading space.
6. A reduction in required pavement widths or rights -of -way for streets
and easements.
7. An increase of greater than two (2) percent in the approved gross
leasable floor area of commercial buildings.
8. An increase by greater than one (1) percent in the approved residential
density of the development.
9. Any change which is inconsistent with a condition or representation of
the project's original approval or which requires granting a variation
from the project's approved use or dimensional requirements.
Staff Finding
None of the five (5) requests included in the proposed Insubstantial Amendment will
achieve any of these nine (9) outcomes. Therefore, this proposal meets the PUD
Insubstantial Amendments criteria.
RECOMMENDATION: Staff recommends approval of the Barbee Family
Subdivision/PUD Insubstantial Amendment with the following conditions:
1. The Community Development Director shall approve, approve with conditions, or
deny alternative architectural plans submitted for the four Category 4 units. The
alternative plans shall meet the City of Aspen's Residential Design Standards.
2. No final building and electrical inspection will be scheduled for the free market units
until a Certificate of Occupancy has been issued for each of the four Category 4 units.
3. Prior to submitting building permits, the applicant shall develop an air quality
mitigation plan with the City of Aspen's Environmental Health staff and receive
approval from the Community Development Department. No building permits will be
issued until the required mitigation plan is approved.
4. All material representations made by the applicant in this application shall be adhered
to and shall be considered conditions of approval, unless otherwise amended by the
4
V
8/23/01
AGREEMENT REGARDING SUBDIVISION/PUD AGREEMENT
THIS AGREEMENT is made as of August _, 2001 between the City of Aspen, Colorado,
a municipal corporation (the "City"), the address of which is 130 South Galena Street, Aspen,
Colorado 81611, and Richfield Bank & Trust Co., a Minnesota banking corporation (the "Lender"),
the address of which is Suite 240 Investors Building, 733 Marquette Avenue South, Minneapolis,
Minnesota 55402.
RECITALS
A. The City has entered into that certain Subdivision/PUD Agreement for Barbee
Family Subdivision/PUD, dated as of November 19, 1999 (the "Original Subdivision/PUD
Agreement"), between the City and Mary K. Barbee, John W. Barbee and Hallie B. Rugheimer
(hereinafter collectively referred to as the "Barbee Partners"), pertaining to the development of
certain property by the Barbee Partners. The Original Subdivision/PUD Agreement was recorded in
the office of the Clerk and Recorder of Pitkin County, Colorado on December 6, 1999 at Reception
Number 438302.
B. The interest of the Barbee Partners in the Original Subdivision/PUD Agreement as it
relates to the property described on Exhibit A hereto (the "Property") has been assigned to and
assumed by Shadow Mountain Investment, LLC, a Colorado limited liability company (the
`Borrower"), under the terms of a Closing Agreement and Assumption Agreement, dated December
6, 1999, a copy of which is attached hereto as Exhibit B (the Original Subdivision/PUD Agreement
as assigned to and assumed by the Borrower pursuant to the Closing Agreement and Assumption
Agreement is referred to herein as the "Subdivision/PUD Agreement").
C. The Lender has agreed to make certain loans to the Borrower on the terms and
conditions set forth in (1) a Construction and Equity Loan Agreement (Category 4 Units and
Resident -Occupied Homes), dated as of the date hereof, between the Borrower and the Lender (the
"Loan Agreement (Category 4 Units and Resident -Occupied Homes)"), and (2) a Revolving
Construction and Equity Loan Agreement (Free Market Homes), dated as of the date hereof,
between the Borrower and the Lender (the "Loan Agreement (Free Market Homes)"; the Loan
Agreement (Category 4 Units and Resident -Occupied Homes) and the Loan Agreement (Free
Market Homes) are referred to herein together as the "Loan Agreements"). The loans to be made
pursuant to the Loan Agreements (the "Loans") are evidenced by Promissory Notes, dated as of the
date hereof, from the Borrower to the Lender in the principal amounts of $1,700,000.00,
$450,000.00, $5,000,000.00 and $550,000.00 (such Promissory Notes are referred to herein together
as the "Notes").
D. Under the terms and conditions set forth in that certain Standby Letter of Credit
Reimbursement Agreement, dated as of the date hereof, between the Borrower and the Lender (the
"Reimbursement Agreement"), the Lender has agreed to issue an irrevocable letter of credit (the
"Letter of Credit") to the City in the amount of $197,357.00 to secure the Borrower's obligations
under the Subdivision/PUD Agreement.
2108437v2
E. The Loan Agreements, the Notes and the Reimbursement Agreement are secured by
(1) a First Combination Deed of Trust, Assignment of Rents, Security Agreement and Fixture
Financing Statement, dated as of the date hereof and covering the Property (the "First Deed of
Trust"), which was recorded in the office of the Clerk and Recorder of Pitkin County, Colorado on
, 2001 at Reception Number , and (2) a Second Combination Deed of
Trust, Assignment of Rents, Security Agreement and Fixture Financing Statement, dated as of the
date hereof and covering the Property (the "Second Deed of Trust"), which was recorded in the
office of the Clerk and Recorder of Pitkin County, Colorado on , 2001 at Reception
Number (the First Deed of Trust and the Second Deed of Trust are referred to herein
together as the "Deeds of Trust").
F. In the Deeds of Trust, as further security for the obligations of the Borrower under
the Loan Agreements, the Notes and the Reimbursement Agreement, the Borrower has collaterally
assigned its interest under the Subdivision/PUD Agreement to the Lender.
G. Uniform Commercial Code Financing Statements (the "Financing Statements")
naming the Borrower as debtor and the Lender as secured party were filed in the office of the
Secretary of State of Colorado as Document Number , and in the office of the Clerk
and Recorder of Pitkin County, Colorado as Document Number . (The Loan
Agreements, the Notes, the Reimbursement Agreement, the Deeds of Trust, the Financing
Statements and any other document or agreements evidencing or securing the Loans are referred to
herein collectively as the "Loan Documents.")
I. The Lender has required that this Agreement be executed as a condition to making
the loans and issuing the Letter of Credit provided for in the Loan Documents.
NOW, THEREFORE, in consideration of the foregoing, their mutual promises contained
herein, and for other good and valuable consideration the receipt and sufficiency of which is hereby
acknowledged, the parties agree as follows:
l . Consent to Loan Documents. The City consents to the collateral assignment of the
Subdivision/PUD Agreement by the Borrower to the Lender.
2. Lender's Option to Assume Subdivision/PUD Agreement. Upon the occurrence and
continuance of an Event of Default under either of the Loan Agreements, the Lender may at its
option notify the City and the Borrower in writing that it has elected to assume the obligations of the
Borrower under the Subdivision/PUD Agreement. Following receipt of the such notice, the City
shall accept performance from the Lender as if it were the Borrower under the Subdivision/PUD
Agreement, and shall continue to perform its obligations under the Subdivision/PUD Agreement for
the benefit of the Lender, so long as the Lender continues to perform all of the obligations of the
Borrower under the Subdivision/PUD Agreement. The City's rights under the Subdivision/PUD
Agreement as against the Borrower shall not be affected by the Lender's decision to assume or not
assume the Subdivision/PUD Agreement.
3. Lender's Rights Under Loan Documents. 1 he Lender snail nave no oeligauon to the
City of any kind whatsoever with respect to the Loan Documents, and the Lender may exercise its
rights and administer its duties under such documents in any manner it sees fit. Without limiting the
2108437v2
generality of the foregoing, the Lender may amend the Loan Documents or release any collateral for
the Loans in its discretion, and the Lender shall have no duty to the City to preserve, protect,
maintain, insure, take possession of, foreclose, dispose of or otherwise realize upon the Property or
any other collateral for the Loans.
4. Citv's Representations, Warranties and Covenants. The City represents and
warrants to and covenants with the Lender as follows:
(a) The execution, delivery and performance of this Agreement have been duly
authorized by all necessary action, and this Agreement is the valid and binding obligation of
the City, enforceable in accordance with its terms.
(b) The Subdivision/PUD Agreement is in full force and effect and has not been
amended, and to the best knowledge of the City, neither the City nor the Borrower is in
default under the Subdivision/PUD Agreement.
(c) No amendment to the Subdivision/PUD Agreement shall be binding on the
Lender unless the Lender consents to the amendment in writing.
(d) If a default by the Borrower shall occur under the Subdivision/PUD
Agreement, the City shall notify the Lender in writing of the default and give the Lender the
opportunity to cure the default within the time limits that are afforded to the Borrower to
cure the default under the Subdivision/PUD Agreement.
5. Priority of Subdivision/PUD Agreement. The Deeds of Trust shall be subordinate to
the Subdivision/PUD Agreement. If the Lender succeeds to the interest of the Borrower in the
Property, through foreclosure or otherwise, the Property will remain subject to the terms and
conditions of the Subdivision/PUD Agreement; provided that if at that time it appears that the
development of the Property as required under the Subdivision/PUD Agreement is not economically
feasible, the City will process a land use development application in accordance with the provisions
of its land use code for amendments to the Subdivision/PUD Agreement; provided further that with
respect to such application the Lender acknowledges that (a) the development of affordable housing
on the Property is of paramount importance to the City, and (b) any development of the Property
must comply with the City's land use ordinances and approval processes.
6. Miscellaneous. This Agreement may be amended only by an agreement in writing
signed by all of the parties hereto. This Agreement shall bind and inure to the benefit of the parties
hereto, their respective heirs, personal representatives, successors and assigns. This Agreement
shall be governed by and construed in accordance with the laws of the State of Colorado.
CITY OF ASPEN, COLORADO
2108437v2
LENDER:
RICHFIELD BANK & TRUST CO.
By
Its
STATE OF COLORADO )
) ss.
COUNTY OF PITKIN )
The foregoing instrument was acknowledged before me this day of
2001, by r i L the of th CITY OF
ASPEN, COLMADO.
nJACIQE
Witness my hand and official seal.My commission expires:
rFn�n 0 WW7 n
Public
STATE OF MINNESOTA )
ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this day of
2 00 1, by the of
Richfield Bank & Trust Co., a Minnesota banking corporation, on behalf of the corporation.
Notary Public
2108437v2
4
CONSENT OF BORROWER
The Borrower hereby consents to all of the terms of the foregoing Agreement.
SHADOW MOUNTAIN INVESTMENT, LLC
STATE OF COLORADO )
) ss.
COUNTY OF PITKIN )
The foregoing instrument was acknowledged before me this day of
2001, by , the of
Shadow Mountain Investment, LLC, a Colorado limited liability company, on behalf of the
company.
(Notarial Seal) Notary Public
This instrument was drafted by:
LEONARD, STREET AND DEINARD
PROFESSIONAL ASSOCIATION (DWK)
150 South Fifth Street
Suite 2300
Minneapolis, MN 55402
2108437v2
5
EXHIBIT A
(Legal Description)
Lots 3, 4, 5, 6, 7, 8, 9, 10, 11 and 12
Barbee Family Subdivision/PUD
according to the Final Plat recorded December 6, 1999 in Plat Book 51 at Page
86.
2I08437v2
A- 1
EXHIBIT B
(Closing Agreement and Assumption Agreement)
2108437v2
B-1
Community Development Director, the City Engineer, or a Board/Commission having
authority to do so. ".4
5. All off-street parkin located within the designated setbacks for each property
J14-
EXHIBITS: Exhibit A - Application Packet
APPROVED BY: L J 6
Julie Ann Woods
Community Development Director
BARBEE CONSERVATION EASEMENT COMMENTS
What exactly is the City's role and responsibilities in the conservation easement?
Is it just the trail easement area and not any of the rest of the conservation area?
The trail easement in the agreement is not in an alignment with our proposed "Shadow Mountain" trail. It is
too high. Our proposed Shadow Mountain trail is lower and would occupy more of the conservation
easement. See attached map.
The Barbee family has to approve any trail relocation. Do we want that? What happens if they say no to
trail relocation?
We probably will not want a trail in the trail easement described in this document, as it does not connect to
the proposed Shadow Mountain trail.
Can we change the trail easement language to allow for a trail easement more in alignment with the future
Shadow Mountain trail? It could be an approximate trail location that would be recorded with an "as built"
survey of the trail after its construction
VANN ASSOCIATES, LLC
Planning Cons .
November 11, 1999
Ms. Julie Ann Woods
Community Development Department
130 South Galena Street
Aspen, Co 81611
Re: Barbee Family PUD/Subdivision
Dear Julie Ann:
Enclosed for the your review and comment are the final versions of the Barbee Subdivi-
sion/PUD Agreement and Deed of Conservation Easement. As the attached memoran-
dum from Art Daily indicates, the Conservation Easement has been further revised to
accommodate various requirements of the Aspen Valley Land Trust and the Barbee
family. All changes from the September 16, 1999 version which I delivered to you under
my September 20 cover letter have been highlighted for your convenience.
The enclosed Subdivision/PUD Agreement differs from the version delivered to you on
September 20 in that it includes both the revisions requested in the Barbees' insubstantial
PUD amendment application and the Engineering Department's request that a stop sign
be installed at the time of construction as opposed to some later date. The Trail
Easement which I also delivered on September 20 remains unchanged. I would appreci-
ate it if you would forward the enclosed documents to the City Attorney's office for final
review and comment.
Should you have any questions, or if I can be of any further assistance, please do not
hesitate to call.
Yours truly,
VANIPASSOCIATES, LLC
Sunk,Fann, AICP
S VVtvv
Enclosures
c:\bus\city.ltrVtr34097.jw6
230 East Hopkins Ave • Aspen. Colorado 81611 • 970/925-6958 • Fax 970/920-9310
NOV-10-SS 10=16 FROM:HOLL^ND&HART ID:9709259367
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NIE-I0RANDUINI
NovzNTBER 10, 1999
TO' Sunny Vann (hand delivered)
FROINf ?art Daily
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ARTuLR C. D AIL.Y
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PIE Barbee Family Subdivision/ T_7D - Deed of Conservation Easement
PAGE 2/2
Reid Haughey has advised me that Aspen 'Valley Lard Trust is satisfied with the latest
version of the Deed of Conservation Easement (draft dated November 5, 1999), and is prepared
to sip it prior to recordation of the various subdivision doc.:ments. I'm enclose; for transmittal
to the City a copy of said final version of the Conservation Easement, with ail changes from the
September 16, 1999 draft highlighted for ease of reference. Please call me it aav questions arise.
cc* H.allie Rugheimer (via fax to 406-5S7-5349)
John Barbee (via fa.-, to 928-0173)
'Mary Barbee, 201? Newton Street, Cody, Wyorling 82414
Sunny Vann (via fax to 920-9-3, 10)
DENVER•ASPEN
BOULDER • COLORADO SPRINGS
DENVER TECH CENTER
BILLINGS • BOISE
CHEYENNE • JACKSON HOLE
SALT LAKE CITY
HOLLAND & HART LLP
ATTORNEYS AT LAW
600 EAST MAIN STREET
ASPEN, COLORADO 81611-1953
MEMORANDUM
NovEMBER 10,1999
TO: Sunny Vann (hand delivered)
FROM: Art Daily
TELEPHONE (970) 925-3476
FACSIMILE (970) 925.9367
ARTHUR C. DAIl.Y
adaily@hollandhart.eom
RE: Barbee Family Subdivision/PUD - Deed of Conservation Easement
Reid Haughey has advised me that Aspen Valley Land Trust is satisfied with the latest
version of the Deed of Conservation Easement (draft dated November 5, 1999), and is prepared
to sign it prior to recordation of the various subdivision documents. I'm enclosing for transmittal
to the City a copy of said final version of the Conservation Easement, with all changes from the
September 16, 1999 draft highlighted for ease of reference. Please call me if any questions arise.
cc: Hallie Rugheimer (via fax to 406-587-5349)
John Barbee (via fax to 928-0173)
Mary Barbee, 2019 Newton Street, Cody, Wyoming 82414
Sunny Vann (via fax to 920-9310)
VANN ASSOCIATES, LLC
Planning Consultants
September 20, 1999
HAND DELIVERED
Ms. Julie Ann Woods
Community Development Department
130 South Galena Street
Aspen, Co 81611
Re: Barbee Family PUD/Subdivision
Dear Julie Ann:
Enclosed for the your review and comment are revised copies of the Barbee Subdivi-
sion/PUD Agreement and Deed of Conservation Easement. Please note that all
changes to the original documents which were submitted with the Barbee's final
PUD/subdivision application have been highlighted for your convenience. The
majority of the changes to the PUD/Subdivision Agreement are required to address
the various approval conditions contained in City Council Ordinance No. 11-99. The
revisions to the Deed of Conservation Easement are required to accommodate the
fact that members of the Barbee family, rather than the City as originally contemplat-
ed, will be the fee owners of the Conservation Parcel.
I have also enclosed a Trail Easement Agreement which grants a perpetual, non-
exclusive easement to the City for the use of the public over the existing trail
alignment that traverses a corner of the Conservation Parcel. This new document
was required by the City Attorney when he declined, on behalf of the City, to accept
fee title to the parcel. Please note that a legal description of the trail's centerline will
be attached to the easement agreement. The description is presently being prepared
and will be provided prior to recordation.
Accompanying these documents are copies of an improvement survey of the property,
the project's final plat, a PUD development plan for the project's affordable housing
component, a Garmisch Street plan and profile, a master utility plan, a grading and
drainage plan, and a landscape plan for the AH units. The various plans will be
recorded concurrent with the final plat and the documents discussed above.
I would appreciate it if you would refer the documents and plans to the Engineering
Department and to the City Attorney for final review so that any required revisions
can be made well in advance of our recordation deadline.
230 East Hopkins Ave. • Aspen, Colorado 81611 • 970/925-6958 • Fax 970/920-9310
Ms. Julie Ann Woods
September 20, 1999
Page 2
Should you have any questions, or if I can be of any further assistance, please do not
hesitate to call.
Yours truly,
ASSOCIATES, LLC
Enclosures
cc: Hallie Rugheimer
Arthur C. Daily, Esq.
c:\bus\dty.1tr\1tr34097.jw5
CT-14-99
I
■
15:46 FROM=HO ND&HART ID=970C'259367
HOLLAND & HARI >
ATTORNEYS AT LAW"
600 E. MAIN STREET, SurrE 104, AsPEN, CO 81611-1991
(970) 925-3476
Facsimile October 14. 1999 Facsimile
Attention:
Name John Worcester
From:
PAGE_ 1/4
Name Art Daily
Company
City of Armen
Office
ASPEN
Fax
920-5119
Fax
(970) 925-9367
Phone
Location Aspen, CO
Message:
CC- Hallie Rugbeimer (406-587-5349)
John Barbee (928-0173)
Sunny Vann (920-9310)
Phone 925-3476
You should receive 4 pages(s), including this cover sheet. If you do not receive all of the
pages, please call (970) 925-3476_
X Onginal will not follow. Regular Mail Certified Mail
Original will follow by: Federal Express Messenger
Confidentiality Notice:
This facsimile may contain confidential information protected by the attorney -client pri`rilege. It is intended for the named recipient
only_ If you are not the named recipient, you may not use. distribute or otherwise disclose this information without our consent.
Instead, please call (970) 925-3476; we will arrange for its destruction or return.
Attorney Number 0860
Client/Matter Number_
Time Deadline
Operator Initials Date Transmitted Time.
OCT-14-99 15:47 FROM=HOL DBHART ID=970 59367 PAGE 2/4
DENVER-ASPEN
BOULDER - COLORADO SPRINGS
DENVER TECH CENTER
BILLINGS - SOISE
C46YENNE • JACKSON HOLE
SA4T LAKE Cf1Y
HOLLAND & HART u,P
ATTORNEYS AT Lath'
EOG EAST MAIN STREET
ASPEN, COLORADO 61611-1953
MEMORANDUM
OCTOBER 14,1999
TFIEPHONE (970) 925-U76
FACSIMILE (970) 9259367
ARTHUR C. DAILY
adaiy@hollandhan.com
TO: John Worcester, Esq., Aspen City Attorney (via fax to 920-5 119)
FROM: Art Daily
RE: Barbee Trail Easement
With reference to the Trail Easement Agreement that you are presently reviewing in
connection with the finalizing of the Barbee Family Subdivision/PUD, I'm enclosing for your
information the metes and bounds centerline description of the existing trail alignment for
attachment to the Trail Easement Agreement as Exhibit A (Sheets 1 and 2). Please let me know if
you have any questions.
cc: Hallie Rugheimer (w/copies) (via fax to 406-587-5349)
John Barbee (w/copy) (via fax to 928-0173)
Mary Barbee (w/copy), 2019 Newton Street, Cody, Wyoming 82414
Sunny Vann (w/copy) (via fax to 920-9310)
OCT-14-99 15=47 FROM=HOL--ND&HART ID=9709259367 PA.f'.':
EXHIBIT A (Sheet 1)
PEDESTRIAN TRAIL EASEMENT DESCRIPTION
A 10 FObT WIDE PEDESTRIAN EASEMENT BEING SITUATED IN A PART OF LOT
1 OF THE NORTHEAST ONE -QUARTER OF THE NORTHEAST ONE -QUARTER OF
SECTION 13, TOWNSHIP 10 SOUTH, RANGE 85 WEST, OF THE SIXTH
PRINCIPAL MERIDIAN. THE CENTERLINE OF SAID EASEMENT BEINGS
SITUATED ON AN EXISTING TRAIL, MORE OR LE5S AND IS MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF SAID LOT 1, SAID CORNER ALSO
BEING THE NORTHEAST ONE -SIXTEENTH CORNER OF SECTION 13; THENCE
N 00015'47" E ALONG THE WESTERLY LINS`OF SAID LOT 1 108.89 FEET TO
A POINT ON LINE 1-4 OF THE LITTLE MACK LOAD CLAIM, UNITED STATES
MINERAL SURVEY NO. 3956 AS PATENTED IN BOOK 175 AT PAGE 212 OF THE
PITKIN COUNTY RECORDS; THENCE N 14 ° 57' 52" E ALONG THE LINE 1-4 OF
SAID LOAD . CLAIM 65.62 FEET, THE TRUE POINT OF BEGINNING; THENCE
LEAVING LINE 1-4 OF SAID LOAD S 39031'10" E 73-27 FEET; THENCE
S 47001'09" E 39.90 FEET; THENCE S 29°49'56" E 38.72 FEET; THENCE
S 04°00'16^ W 54.84 FEET, TO A POINT ON THE SOUTHERLY LINE OF SAID
LOT 1, THE TERMINUS, FROM WSICH THE SOUTHWEST CORNER OF SAID FAT 1
BEARS S 890511400 W 108.62' FEET; SAID PEDESTRIAN TRAIL EASEMENT
CONTAINING 4,134 SQUARE FEET, MORE OR LESS.
EASEMENT DESCRIPTION PREPARED BY_
SOPRIS ENGINEERING, LLC
MARK S. BECKLER, L.S. #28643
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L.S. #28643. INYCRSE
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CONSERVATION PARCEL
590,610 sq.11.
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MEMORANDUM
To: Nick Lelac, Planner
From: Chuck Roth, Project Engineer C 1Z
Date: November 8, 1999
Re: Barbee Family Subdivision & Planned Unit Development Final Plat
General — (1) These comments are based on the fact that we believe that the submitted site plan is
accurate, that it shows all site features, and that it is feasible. The wording must be carried forward
exactly as written unless prior consent is received from the Engineering Department. This is to halt
complaints related to approvals tied to "issuance of building permit." (2) If there are any
encroachments into the public right-of-way, the encroachment must either be removed or be subject
to current encroachment license requirements.
1. There should be a cover sheet with the plat title and an index. The sheet showing the survey
with the approved lot configurations is generally used as the cover sheet. The improvement surveys
should be the final pages in the PUD plat and be itemized in the plat index.
2. PUD Plat
a. Label Garmisch Street.
b. Indicate zone district.
3. The City Council Approval certificate needs the following language added: The easements and
public rights -of -way that are dedicated herein are hereby accepted.
4. Add an approval certificate for the Planning & Zoning Commission. Add an approval certificate
for the Parks Director with language accepting the landscape plan.
5. Specifically show and label those portions of Lot 12 that are intended for utility easement,
presumably not underneath the planned covered parking.
6. The plat needs to include approval certificates for the PUD utilities plan for each of the public
utilities. The approval statement needs to include approvals of utility easements as granted.
7. The architectural plans and elevations are missing.
8. The engineer's "Garmiich St. Plan & Profile" needs to indicate a stop sign at the access entry to
Garmsich Street.
9. The access width to Lots 6, 7 & 8 does not meet City Code requirements. Code requires 20'
width. The plat only shows a 12' driveable surface with 2' shoulders.
10. The application stated that a 20' easement would be granted for the water line, however only
16' is shown. Also, the water line is shown off -center in the easement. It must be in the center.
11. The plat needs to indicate a 10' wide reservation for right-of-way to be conveyed to the City at
such time as the existing house on Lot 1 is re -constructed.
12. The plat needs to indicate for whom the parking on Lot 12 is reserved.
13. The surveyor's certificate needs to state the date of the survey, the date of the title commitment,
that the survey closes within a limit of 1:10,000, and that the survey was performed in accordance
with C.R.S. 1973, Title 38, Article 51, as amended from time to time.
14. The site development plans need to be stamped in the corner "Not Approved for Construction"
in large letters, with a note beneath stating: Approved for PUD planning purposes, not approved
for construction.
99M 162
2
VANN ASSOCIATES, LLC
Planning Consuitarits
November 11, 1999
Ms. Julie Ann Woods
Community Development Department
130 South Galena Street
Aspen, Co 81611
Re: Barbee Family PUD/Subdivision
Dear Julie Ann:
Enclosed for the your review and comment are the final versions of the Barbee Subdivi-
sion/PUD Agreement and Deed of Conservation Easement. As the attached memoran-
dum from Art Daily indicates, the Conservation Easement has been further revised to
accommodate various requirements of the Aspen Valley Land Trust and the Barbee
family. All changes from the September 16, 1999 version which I delivered to you under
my September 20 cover letter have been highlighted for your convenience.
The enclosed Subdivision/PUD Agreement differs from the version delivered to you on
September 20 in that it includes both the revisions requested in the Barbees' insubstantial
PUD amendment application and the Engineering Department's request that a stop sign
be installed at the time of construction as opposed to some later date. The Trail
Easement which I also delivered on September 20 remains unchanged. I would appreci-
ate it if you would forward the enclosed documents to the City Attorney's office for final
review and comment.
Should you have any questions, or if I can be of any further assistance, please do not
hesitate to call.
Yours truly,
VANYASSOCIATES, LLC
Sun ann, AICP
S
Enclosures
c:\bus\city.1trVtr34097.jw6
230 East Hopkins Ave. • Aspen, Colorado 81611 • 970/925-6958 • Fax 970/920-9310
Community Development Director, the City Engineer, or a Board/Commission having
authority to do so.
5. Off-street parking may be located. outside the building envelopes, but must be within
the designated setbacks for each property.
EXHIBITS: Exhibit A - Application Packet
APPROVED BY:
Q'�' a'4�
Ju ' Ann Woods
1--krimunity Development Director
DATE:
VANN ASSOCIATES, LLC
Planning Consultants
November 3, 1999
HAND DELIVERED
Ms. Julie Ann Woods
Community Development Department
130 South Galena Street
Aspen, CO 81611
Re: Barbee Family Subdivision/PUD Insubstantial Amendment
Dear Julie Ann:
Please consider this letter a request for an insubstantial amendment to the Barbee
Family Subdivision/PUD approval. As we discussed with Tim Semrau on October 20,
1999, the project's affordable housing component and two of its free market lots are
presently under contract to S&S Development, LLC, in which Tim is a partner. The
contract requires that the Barbee family assist S&S Development in obtaining several
minor revisions to the conditions of final subdivision/PUD approval which are
memorialized in City Council Ordinance No. 11, Series of 1999 (copy attached).
Upon approval, the revisions are to be incorporated within the subdivision/PUD
agreement which is to be recorded concurrently with the project's final subdivision
plat.
Proposed Revisions
The specific revisions requested by S&S Development, and the rational therefore, are
summarized below.
1. Condition number 4 of Ordinance No. 11 limits the allowable floor
area of the Category 4 duplex units to be constructed on Lots 8, 9, 10 and 11 to 1,400
square feet plus a five hundred square foot basement. Tim has requested that the
floor area limitation be increased to 1,550 square feet exclusive of the five hundred
square foot basement. Inasmuch as there is no maximum size limitation for Category
4 dwelling units in the Aspen/Pitkin County Housing Authority's guidelines, and the
maximum sales price is fixed rather than based on square footage, Tim's desire to
provide a more livable unit would appear to be a reasonable request that is consistent
with the Barbee family's original goal of providing quality affordable housing units.
The requested revision is addressed in Article II, paragraph L(i) of the
attached subdivision/PUD agreement. Please note that the revision to the Agreement
230 East Hopkins Ave. • Aspen, Colorado 81611 • 970/925-6958 • Fax 970/920-9310
Ms. Julie Ann Woods
November 3, 1999
Page 2
has been highlighted to facilitate your review. Various additional revisions which are
required to address the approval conditions contained in Ordinance No. 11 have also
been highlighted. These revisions are identical to those contained in the draft
subdivision/PUD agreement that I delivered to you on September 20 for the City's
review and approval.
2. Although not a specific condition of approval, the September 20 draft
subdivision/PUD agreement requires that the Category 4 units be constructed in
accordance with schematic architectural plans that were submitted in connection with
the final subdivision/PUD application, and which are to be recorded with the final
subdivision plat. Tim has requested, however, that S&S Development be allowed to
submit alternative plans for the units which must be reviewed and approved pursuant
to applicable regulatory requirements. As this revision merely allows the submission
of alternative plans and does not guarantee approval, its inclusion it the Agreement
would appear to be a reasonable request. It should be noted that condition number
9 of Ordinance 11 requires that all structures comply with the City's Residential
Design Standards. The requested revision is addressed in Article II, paragraph 1.(i)
of the attached Agreement.
3. Condition number 26.c) of Ordinance No. 11 requires that the project's
four Category 4 units receive a Certificate of Occupancy prior to the issuance of any
building permits for the free market units. Tim has requested that S&S Development
be allowed to construct the free market residences on the two free market lots which
he is acquiring concurrently with the four Category units. No Certificate of Occupan-
cy for the free market units, however, would be issued until a Certificate of Occupan-
cy is issued for the Category units. This revision would significantly reduce the time
required to construct the units in question, thereby reducing the impact of construc-
tion on the surrounding neighborhood. As the free market units cannot be occupied
until the Category units are available for occupancy, this revision would also appear
to be acceptable. The revision is addressed in Article II, paragraph 1.(o) of the
Agreement.
4. Condition number 12 requires the approval of an air quality mitigation
plan by the Environmental Health Department prior to recordation of the final plat.
S&S Development, however, is not scheduled to close on the property until after the
final plat is recorded. As a result, they would acquire the property subject to the
requirements of the Barbee family's mitigation plan. Inasmuch as S&S Development
will be responsible for implementing the mitigation requirements, they would prefer
to develop the plan with the Environment Health Department themselves. To insure
compliance, Tim will agree that no building permits will be issued until the required
air quality mitigation plan is approved. This revision is addressed in Article II,
paragraph 6.(a) of the attached Agreement.
Ms. Julie Ann Woods
November 3, 1999
Page 3
S. Finally, Tim would like to add "Off -Street Parking" as a use allowed
outside of the designated building envelopes. While this issue is not addressed in the
conditions of final subdivision/PUD approval, I am not aware of any regulatory
requirement which would preclude off-street parking within the required setbacks.
Consequently, I have added off-street parking to Article II, paragraph L(e) of the
Agreement as a development activity permitted outside of the designated building
envelopes.
Review Requirements
Pursuant to Section 26.480.080.A. of the Aspen Land Use Code, the Community
Development Director may approve a minor change to a subdivision development
order which is found to have "no effect on the conditions and representations limiting
the approved plat". Such changes are also permitted to a PUD development order
pursuant to Section 26.445.100.A. of the Code. As the requested revisions will have
no adverse effect on the conditions of subdivision approval and are consistent with
the intent of the Barbee family's representations during the approval process, I
believe that you may administratively approve the proposed changes as provided for
in the Code.
Should you have any questions, or if I can be of any further assistance, please do not
hesitate to call. Your timely attention to this matter would be sincerely appreciated.
Yours truly,
.TES, LLC
cc: Arthur C. Daily, Esq.
Tim Semrau
c:\bus\dty.app\app34097.amd
EXHIBIT A
PROPERTY DESCRIPTION
THAT PART OF LOT 1 OF THE NORTHEAST ONE -QUARTER OF THE NORTHEAST
ONE -QUARTER OF SECTION 13, TOWNSHIP 10 SOUTH, RANGE 85 WEST, OF THE
SIXTH PRINCIPAL MERIDIAN, ACCORDING TO THE DIAGRAM CERTIFIED BY THE
UNITED STATES SURVEYOR GENERAL'S OFFICE, JANUARY 4, 1896 AS
ATTACHED TO THE GENERAL LAND OFFICE SURVEY OF SAID TOWNSHIP AND
RANGE APPROVED BY THE UNITED STATES SURVEYOR GENERAL'S OFFICE MARCH
31, f891, DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF SAID LOT ONE, SAID CORNER ALSO
BEING THE EAST ONE -SIXTEENTH CORNER' SECTIONS 12 AND 13; THENCE
S 89'45'56" E ALONG THE NORTHERLY LINE OF SAID LOT f 342.86 FEET,
TO A POINT ON THE SOUTHERLY LINE OF THE FORMER RIGHT-OF-WAY OF THE
COLORADO MIDLAND RAILROAD COMPANY; THENCE S 42027'42 E ALONG
SAID RIGHT-OF-WAY LINE 482.57 FEET TO THE WESTERLY RIGHT-OF-WAY
LINE OF SOUTH GARMISCH STREET; THENCE S f r5O'49" W ALONG SAID
WESTERLY RIGHT-OF-WAY LINE 242.01 FEET TO THE NORTHWESTERLY CORNER
OF THAT PROPERTY DESCRIBED IN SECTION 2 OF INSTRUMENT RECORDED IN
BOOK 230 AT PAGE 496 OF THE PITKIN COUNTY RECORDS; THENCE
S 39'47'01 " E 87.07 FEET TO THE NORTHEAST CORNER OF THAT PROPERTY
DESCRIBED IN SAID INSTRUMENT; THENCE S 14050'49" W f f5.00 FEET TO
THE SOUTHWESTERLY CORNER OF LOT 3, BLOCK If, EAMES ADDITION TO THE
CITY OF ASPEN, COLORADO; THENCE S 75'09' 11 " E ALONG THE SOUTHERLY
LINE OF SAID BLOCK 11 150.00 FEET TO THE SOUTHEAST CORNER OF LOT 7
OF SAID BLOCK 11; THENCE LEAVING THE SOUTHERLY LINE OF SAID BLOCK
11 S 14.50'49" W 20.50 FEET TO THE NORTHWEST CORNER OF LOT 13 OF
SAID BLOCK 11, SAID POINT ALSO BEING THE NORTHEASTERLY CORNER OF
THAT PROPERTY DESCRIBED IN BOOK 206 AT PAGE 334 OF THE PITKIN
COUNTY RECORDS; THENCE ALONG THE BOUNDARY LINE OF SAID PROPERTY
DESCRIBED IN BOOK 206 AT PAGE 334 THE FOLLOWING THREE COURSES:
1) N 75-09' f 1" W 3 f .25 FEET
2) S 14'50'49" W 78.00 FEET
3) S 03-55'43" W 164.99 FEET TO THE SOUTHWESTERLY CORNER OF LOT
20, SAID BLOCK 11;
THENCE S 14'50'497 W ALONG THE WESTERLY LINE OF SAID. BLOCK 11
210.00 FEET TO THE SOUTHWESTERLY CORNER OF SAID BLOCK f 1; THENCE
S 75'09' 1 I" E ALONG THE SOUTHERLY LINE OF SAID BLOCK 11 150.00
FEET TO THE SOUTHEASTER CORNER OF SAID BLOCK It, SAID CORNER ALSO
BEING A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF ASPEN STREET;
THENCE LEAVING THE SOUTHERLY LINE OF SAID BLOCK 1 f S 14.50'49" W
ALONG THE WESTERLY RIGHT-OF-WAY LINE OF SAID ASPEN STREET 14.67
FEET TO A POINT ON THE SOUTHERLY LINE OF SAID LOT 1; THENCE
S 89051'40" W ALONG THE SOUTHERLY LINE OF SAID LOT 1 804.58 FEET
TO THE SOUTHWEST CORNER OF SAID LOT 1, SAID CORNER ALSO BEING THE
NORTHEAST ONE -SIXTEENTH CORNER OF SECTION 13; THENCE
N 00' 15'47" E ALONG THE WESTERLY LINE OF SAID LOT 1 108.89 FEET
TO A POINT ON LINE 1-4 OF THE LITTLE MACK LOAD CLAIM, UNITED STATES
MINERAL SURVEY NO. 3956 AS PATENTED IN BOOK 175 AT PAGE 2 f 2 OF THE
PITKIN COUNTY RECORDS; THENCE N 14'57'52" E ALONG THE LINE 1-4 OF
SAID LOAD CLAIM 707.96 FEET TO CORNER #4 OF SAID LOAD CLAIM; THENCE
N 75"06' f 6" W ALONG THE LINE 4-3 OF SAID LOAD CLAIM 185.69 FEET
TO THE WESTERLY LINE OF SAID LOT 1; THENCE LEAVING THE LINE 4-3 OF
SAID LOAD CLAIM N 00' 15'47" E ALONG THE WESTERLY LINE OF SAID LOT
1 476.64 FEET TO THE TRUE POINT OF BEGINNING. SAID PARCEL OF LAND
CONTAINING 17.695 ACRES MORE OR LESS.
ENCM E MS
wnVeroas
(970) 925-6=
FAX (970) 9254157 caw',�vpr P.O. Box 2'
Aspen, CO 81612
November 18, 19W Exhibit D
Mr. Sunny Vann
VANN ASSOCIATES LLC
230 East Hopldns Ave.
Aspen, CO. 81 e11
RE: Barbee Family Property Subdivision Improvements Agreement Infiastructure Cost
Estimates
Dear Sunny:
This letter and attachments comprise a cost estimate and cost allocation schedule for public
improvements at the Barbee property freemarket and affordable housing project on South "
Garmisch Street in Aspen, Colorado. The Barbee parcel is the Subject of a pending Subdivision
/ PUD application with the City of Aspen and this information VA be incorporated Into the
Subdivision Improvements Agreement for the property.
Introduction
The Barbee properly, comprises Lots 1 through 9 of Block 5 of the Eames Addidon to the Original
Aspen Townsite, Lots 1 and 2 of Block 11 of the Eames Addition as well as a metes and bounds
description totalling approximately 17.67 acres. Of the total 17.67 acres, 10.83 acres is located
in the City of Aspen and 6.84 acres remains in Plliddn County. The property currently includes
an existing residence addressed at 601 South Garmisch Street as well as a couple of sman sheds
and outbuildings. The owner of the parcel has submitted an application to the City of Aspen for
Subdivision and Planned Unit Development (PUD) approval to create a mixed freemarket and
affordable housing project. The conceptual development program includes four freemarket lots
including one for the existing home as well as the creation of three lots for single family resident -
occupied (R.O.) affordable housing units and four lots for two duplex category 4 affordable
housing units_
Intrashucture RegWrements
Attached are calculation streets regarding the public infrastructure requirements of the Barbee
proposal. Included are improvements within the public right-of-way of South GanrJsch Street
including sidewalk, curb and gutter, landscaping, the affordable housing site entry, a possible
water line replacement, pavement repair and a streetlight In addition to the public right-of-way
improvements, common Improvements of a public nature will be required to construct the homes
within the affordable housing site.
I have provided figures for the possible replacement of an eDdsting 6 inch diameter cast iron water
main with an 8 inch diameter ductile iron water line in South Garmisch Street. One of the
118 West 6th. Suite Zen • i:}an.n A Cnrinnn f` I. .. d_ - - .-- -
November 18, 1998
Mr. Sunny Vann
Page 2
approval conditions required by the City of Aspen Water Department for the Barbee Family
Subdivision / PUO project was that the existing, older cast Iron water main be replaced from the
Intersection of South Garmisch Street and Durant Avenue to the vicinity of the Affordable Housing
lot entry (about 90 feet). More recent conversaaiicns with the City staff Indicate that the water line
south of Durant may already have been replaced to approximately mid -block (south of the AH
entry) with a ductile line but there appears to be some uncertainty regarding exactly how much
of the line has been replaced. As I understand the City's requirements right now, the Barbee
project is to excavate or'pothole" the water main In the vicinity of the AH entry to verify whether
the line is older cast iron or newer ductile from If it is the older material, the replacement would
be required down to Durant Avenue (or to where existing ductile iron is encountered).
Cast Allocation
On pages 2 and 3 of the calculation sheets, 1 have endeavored to allocate the public
improvement costs among Lots 2, 3 and 4 of the freemarket parcels and the affordable housing
parcel. On page 2 you will see a percentage allocation of the frontage distances with and
without the AH entry construction. As an example, the affordable housing parcel would not be
responsible for the frontage cost of the landscaping component where their entry is located
(schedule 081. They would, however, be responsible for prep work and asphalt repair in the
entry area in a manner comparable to the other frontages (schedule 'AJ. I have put the
streetlight at the AH entry and the entry itself entirely under the AH parcel.
For the water line, there isn't as much of a frontage component yet it does Improve public
Infrastructure to the benefit of all the Barbee lots. I have allocated the Garmisch water One
replacement (which may or may not be needed) 50% to the AH parcel and 50% to aA three
freemarket lots. Utility -related improvements specific to the development of the AH parcel are
allocated to that portion of the project.
South Garmisch Improvements:
Lot 2 $ 6,632oo
Lot 3 $ 7,860.00
Lot 4 $ 7,860.00
AH parcel 24 485.00
Total, South Garmisch ROW: $ 46,837.00
AH Parcel lnhustructure: 1116,820.00
Total public fnfr tructure cost $163,657.00
November 18, 1998
Mr. Sunny Vann
Page 3
I hope these figures are helpful and sufficient for submission to the City in preparing the SIA for
the Barbee Family Subdivision / PUO. Feel free to contact me if I may provide additional
information or detail.
Very truly yours,
SCHMUESER GORDON MEYER INC.
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Principal, Aspen Office
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Glenwood Springs, CO 81601 Aspen. CO 81612
(970) 945-1004 (970) 925-6727
FAX (970) 945-5948 FAX (970) 925-4157
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Exhibit E
THE S EVINS GROUP
INCORPORATED
December 7, 1998
Mr. Sunny Vann
230 East Hopkins
Aspen, CO 81611
RE: Barbee Landscape Cost Estimate
Dear Surety,
Pursuant to your request I have prepared the following estimate of landscape costs
for the Barbee Family Subdivision as they pertain to the deed restricted duplex units. As
such, it does not provide a cost for landscaping either the deed restricted lots or the free
market lots. This cost estimate is based on the Landscape Plan dated December 7, 1998
prepared by my office.
Plant Material
Ou
Unit cost
most
Spruce — 6 fL to 10 & height
26
$400
$10,400
Aspen — 2" to 2'A" caliper
37
$150
$S 550
Shrubs — 5 gallon
45
$30
$l 350
Lawn Mix
10,000 s.f
S.09
$900
Native lax
1,500 s.f_
S_09
$135
Topsoil & Finish Grade
11,500 s.f.
S.30
$3,450
Irrigation
11.500 s.f.
S.45
$5 175
TOTAL
S26,960
These costs have been generated using the 1998 Williams Ranch contract unit
costs increased slightly for 2 years of inflation anticipating a construction schedule of fall
2000.
If you have any questions or require any additional information please contact me.
Sincerely,
Thomas G. Stevens
580 MAIN STREET SUITE 220 CARBONDALE, CO 81623
(p) 970.963.6717 (f) 970.963.6707
TO:
FROM:
RE:
DATE:
SUMMARY:
a? %07 4;&7
3 _ 9'
MEMORANDUM
Julie Ann Woods, Community Development Director
Nick Lelack, Planner
Barbee Family Subdivision/PUD Insubstantial Amendment
November 19, 1999
On behalf of S&S Development, LLC, Sunny Vann of Vann Associates, LLC, has
applied for an Insubstantial Amendment to the Subdivision/PUD Agreement
("Agreement") for the Barbee Family Subdivision/PUD. Five amendments are requested:
Amend Article II, paragraph L(i) of the Agreement to increase the floor area of
the Category 4 duplex units located on Lots 8, 9, 10, and 11 from 1,400 square
feet plus a 500 square foot basement to 1,550 square feet exclusive of the
basement.
2. Amend Article II, paragraph L(i) of the Agreement to allow the submission of
alternative architectural plans to the schematic architectural plans approved in
connection with the final subdivision/PUD application. The alternative plans will
be subject to Community Development review and approval.
3. Amend Article II, paragraph L(o) of the Agreement to allow the applicant to
apply for an obtain building permits for the free market units prior to the
issuance of/ of Occupancy for each of the Category 4 units.
However, the applicant shall not receive e i icate of Occu y for the free
market units until after a Certificate of Occupancy as een issued for each of the
four Category 4 units. Currently, the applicant cannot construct the free market
units until after all the Category 4 units are issued a Certificate of Occupancy.
4. Amend Article II, paragraph 6.(a) of the Agreement to allow the applicant to
develop an air quality mitigation plan with the Environmental Health staff after
final recordation of the final Subdivision/PUD Agreement and plat instead of
before final recordation. No building permits will be issued for the project until
the air quality mitigation plan is approved by the Environmental Health staff and
Community Development Director.
5. Amend Article II, paragraph L(e) of the Agreement to allow "off-street" parking
as an allowed use outside the designated building envelopes. This issue was not
addressed in the conditions of approval for the final subdivision/PUD. �c
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1 � �
If approved, these amendments will be incorporated into the Subdivision/PUD
Agreement prior to final recordation on November 24, 1999.
Community Development staff recommends approval of the requested Insubstantial
Amendment to the Subdivision/PUD Agreement for the Barbee Family
Subdivision/PUD, with conditions.
APPLICANT: S&S Development, LLC represented by Sunny Vann of Vann
Associates, LLC.
LOCATION: Lots 1 and 2 of Block 11 and Lots 1-9 of Block 5, City and
Townsite �
of Aspen, plus additional metes and bounds, Parcel No. 2735-131-
00-100
ZONING: AH1/PUD, R-15/PUD and Conservation
BACKGROUND:
The Barbee Family Subdivision/PUD was approved by City Council Ordinance Number
11, Series of 1999. The Subdivision/PUD Agreement and Final Plat, Deed of
Conservation Easement, and Trail Easement Agreement will be recorded on November
24, 1999 with the requested changes in this Insubstantial Amendment.
REVIEW CRITERIA & STAFF FINDINGS
1. Section 26.480.080(A), Amendment to Subdivision Development Order
In order for this proposal to qualify as an Insubstantial Amendment, the request must
comply with Section 26.480.080(A), Amendment to Subdivision Development Order,
which reads as follows:
A. Insubstantial amendment.
An insubstantial amendment to an approved plat or between adjacent
subdivision plats may be authorized by the Community Development Director.
An insubstantial amendment shall be limited to technical or engineering
considerations first discovered during actual development which could not
reasonably be anticipated during the approval process, or any other minor
change to a plat which the Community Development Director finds has no
effect on the conditions and representations limiting the approved plat.
Staff Finding
Community Development Director finds that the proposal qualifies as an Insubstantial
Amendment because it is limited to technical considerations which could not reasonably
be anticipated during the approval process. Staff also believes that the five (5) minor
changes contained in the amendment do not effect the conditions and representations
limiting the approved plat.
Staff finds that increasing the size of the Category 4 duplex units on Lots 8, 9, 10, and 11
by 150 square feet each to 1,550 square feet will provide higher quality affordable
housing units, which has been a goal of the Barbee family throughout the review and
approval process.
The Community Development Director also supports the request to allow the property's
potential new owner, S&S Development, to submit alternative plans for the Category 4
units subject to the Community Development Director's approval and that they meet the
City's Residential Design Standards. Staff recognizes that the new owner's architectural
design preferences may vary from the Barbee family's preferences and, therefore, should
have the opportunity to submit alternative plans.,
The applicant also requested the ability to construct the free market units at the same time
the affordable housing units are constructed on the condition that ma G_rti fi me or a
Wnrin-tS units until a Certificate of Occupancy is issued
for each of the affordable housing units. Staff finds this to be a reasonable request
because the City continues to gain assurance that the afforddale housing unit will be
available for occupancy before the free market units
In addition constructingthe free market and affordable housing units concurrent) will
g Y i .. �
shorten the time it takes to build the units, which should reduce the construction impact - `
on the neighborhood.
The applicant states that the changing ownership of the property from the Barbee family
to S&S Development necessitates the development of an air quality mitigation plan by
the Environmental Health staff after, rather than before, recordation of the final plat.
Staff supports this request because, in this case, the new property owner and developer
should develop an air quality mitigation plan that will appropriately address their
construction practices. Further, the timeliness of the changing ownership and recordation
deadlines makes developing the plan prior to the recordation a challenge for all parties
involved. Staff supports this request on the condition that the plan be developed with and
approved by the Environmental Health staff prior to applying for building permits.
The Community Development Director finds that the final request to add "Off -Street
Parking" as a use allowed outside of the designated building envelopes is acceptable as
long as it is within the designated setbacks.
2. Section 26.445.100(A), Amendment of PUD Order
In order for this proposal to qualify as a PUD Insubstantial Amendment, the request must
comply with Section 26.445.100(A), PUD Insubstantial Amendments, which reads as
follows:
3
A. PUD Insubstantial Amendments
An insubstantial amendment to an approved development order for a final
development plan may be authorized by the Community Development
Director. The following shall not be considered an insubstantial amendment:
1. A change in the use or character of the development.
2. An increase by greater than three (3) percent in the overall coverage of
structures on the land.
3. Any amendment that substantially increases trip generation rates of the
proposed development, or the demand for public facilities.
4. A reduction by greater than three (3) percent of the approved open
space.
5. A reduction by greater than one (1) percent of the off-street parking
and loading space.
6. A reduction in required pavement widths or rights -of -way for streets
and easements.
7. An increase of greater than two (2) percent in the approved gross
leasable floor area of commercial buildings.
8. An increase by greater than one (1) percent in the approved residential
density of the development.
9. Any change which is inconsistent with a condition or representation of
the project's original approval or which requires granting a variation
from the project's approved use or dimensional requirements.
Staff Finding
None of the five (5) requests included in the proposed Insubstantial Amendment will
achieve any of these nine (9) outcomes. Therefore, this proposal meets the PUD
Insubstantial Amendments criteria.
RECOMMENDATION: Staff recommends approval of the Barbee Family
Subdivision/PUD Insubstantial Amendment with the following conditions:
1. The Community Development Director shall approve, approve with conditions, or
deny alternative architectural plans submitted for the four Category 4 units. The
alternative plans shall meet the City of Aspen's Residential Design Standards.
2. No 18 __'r--W wr for the free market units will bej&~4until a Certificate
of Occupancy has been issued for each of the four Category 4 units.
3. Prior to submitting building permits, the applicant shall develop an air quality
mitigation plan with the City of Aspen's Environmental Health staff and receive
approval from the Community Development Department. No building permits will be
issued until the required mitigation plan is approved.
4. All material representations made by the applicant in this application shall be adhered
to and shall be considered conditions of approval, unless otherwise amended by the
4