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HomeMy WebLinkAboutcoa.lu.gm.920 W Hallam St.A090-97 .'-" .~ '. .,.:. ";l\~~"NQ A~f:C: 97 '" ~:,I~~N""\". "~l."" . :1 I' ",_. ... ...... /,.",.: '~'" ......,,~.,~ ...:..:": '.~II"N"R'<f<\"::"~'" , ~S~"'~~~"~~_'" ... .11 'IlrJ".,"I1I,,';J.. ., ~J..\.ll .,., .h.". nl.X' r,..1 ......., .,. '~rl :.........1<1 . ~'R.'O":;.\..::.:R..I.'..... :,:","", . ~, '. 'C:"~"T"'~p"'lil . ...- -.." ';"j:'" .", "'s';;";p's;, .,.. ~'"I!U: .:~ I". ",. . ,1. .111 : '. ..~.fr;;..' '. "., _.: " ~:l,;~ ,~'r.'::I"lll'":::: '~i: U'~):"i..1 :..,:~.:~'~,~ ,:.~:, i, '~~'~" ," , .: . ~. I . \ -,,, ... j"' . " . .'. ' i .~~~iA'~~;",\,;;o:',~:!:,\:,'::;~~, Xl 5. ~;W.,~;".":.,,;:.' i~~::, SI"'" ,..;:;.;;;;;. ,:,:~#f";:::''';' .' .' REP' D ..... A'DR ".,.. ...... .:,~;j!Zi. ~:,;,~.,:: ~~ S'" "'~p-' '7'" .:......,,::,...~.:.;...E.."~.~..,..:..,'::...:.:,:::...~..:..::~.~...,.:i.))~0. . .,' " ,..... ""X:":',~;e~.~. ij~,:,:~~ '7~;' ,,' I C' "'::: '::.:., ,>!~~~~t- , ' , . .~': . '". ", \,'r>.~ :;':.;. ...:',' :,:'r.. 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" " ',"":".. "j., :'1, .,' "".' '. fLl~oJ Ii;<"..___ ,- r~ January 20, 1998 Mitch Haas 130 S. Galena Street Aspen, CO 81611 Re: 920 W. Hallam Street Dear Mitch; This letter is to inform you that the application which was submitted for 920 W. Hallam Street was submitted by a partnership which is no longer in existence and as part of a contract to purchase the property which expired on January 5, 1998. After that time, there was no authorization from the owner to take any action on the property, therefore we request that the application and all public notices regarding it be considered null and void. We also request the refund of the remaining application deposit fee which is held by the Aspen Planning Department. Si>:e~~ David Guthrie ,- .-' ASPEN/PITKIN COMMUNITY DEVELOPMENT DEPARTMENT Agreement for Payment of City of Aspen Development Application Fees (please Print Clearly) CITY OF ASPEN (hereinafter CITY) and ~ \ J. ( ~ V \ ~ (hereinafter APPLICANT) AGREE AS FOLLOWS: 1. APPLICANT has submitted to CITY an application for '12-D W. _~ \. 6Y0v'\ ~r?' ff (hereinafter, THE PROJECT). 2. APPLICANT understands and agrees that City of Aspen Ordinance No. 43 (Series ,of 1996) establishes a fee structure for land use applications and the payment of all processing fees is a condition precedent to a determination of application completeness. 3. APPLICANT and CITY agree that because of the size, nature or scope of the proposed project, it is not possible at this time to ascertain the full extent of the costs involved in processing the application. APPLICANT and CITY further agree that it is in the interest of the parties to allow APPLICANT to make payment of an initial deposit and to thereafter permit additional costs to be billed to APPLICANT on a monthly basis. APPLICANT agrees he will be benefited by retaining greater cash liquidity and will make additional payments upon notification by the CITY when they are necessary as costs are incurred. CITY agrees it will be benefited through the greater certainty of recovering its full costs to process APPLICANT'S application. 4. CITY and APPLICANT further agree that it is impracticable for CITY staff to complete processing or present sufficient information to the Planning Commission and/or City Council to enable the Planning Commission and/or City Council to make legally required findings for project approval, unless current billings are paid in full prior to decision. 5. Therefore, APPLICANT agrees that in consideration of the CITY's waiver of its right to collect full fees prior to a determination of application completeness, APPLICANT shall pay an initial deposit in the amount of$.:b.1td2which is for \2- ' hours of Planning staff time, and if actual recorded costs exceed the initial deposit, APPLICANT shall pay additional monthly billings to CITY to reimburse the CITY for the processing of the application mentioned above, including post approval review. Such periodic payments shall be made within 30 days of the billing date. APPLICANT further agrees that failure to pay such accrued costs shall be grounds for suspension of processing. CITY OF ASPEN s~ Community Development Director City of Aspen APPLICANT Signature: Date: Printed Name: V Mailing Address: '? n, ts~ 4-164=- ~r' C/) g[~[2--- / . / -~, -.-- ATTACHMENT 1 City of Aspen Development Application Fee Policy The City of Aspen, pursuant to Ordinance 43 (Series of 1996), has establishe~ a fee structure for the processing ofland use applications. A flat fee or deposit is collected for land use applications based on the type of application submitted, Referral fees for other City departments reviewing the application will also be collected when necessary. One check including the deposit for Planning and referral agency fees must be submitted with each land use application, made payable to the Aspen/Pitkin Community Development Department. Applications will not be accepted for processing without the required application fee. A flat fee is collected by Planning for Staff Approvals which normally take a minimal and predictable amount of staff time to process. The fee is not refundable. A deposit is collected by Planning when more extensive staff review is required, as hours are likely to vary substantially from one application to another. Actual staff time spent will be charged against the deposit. After the deposit has been expended, the applicant will be billed monthly based on actual staffhours. Current billings must be paid within 30 days or processing of the application will be suspended. If an applicant has previously failed to pay application fees as required, no new or additional applications will be accepted for processing until the outstanding fees are paid. In no case will Building Permits be issued until all costs associated with case processing have been paid. After the final action on the proj ect, any remaining balance from the deposit will be refunded to the applicant. Applications which require a deposit must include an Agreement for Payment of Development Application Fees. The Agreement establishes the applicant as being responsible for payment of all costs associated with processing the application. The Agreement must be signed by the party responsible for payment and submitted with the application in order for it to be accepted, The complete fee schedule for land use applications is available at the Community Development Department. " , . '~, ,-- MEMORANDUM Through: Mitch Haas, Planning Office Lee cassin, Assistant Environmental Health Director ~~c. TO: From: NancvMacKenzie, Environmental Health specialist V\ ~ }r--' Date: December 16,1997 Re: 920 W. Hallam street Application parcellD # 2735-123-03-003 ----------------------------------------------- ----------------------------------------------- The Aspen/Pitkin Environmental Health Department has reviewed the land use SUbmittal under authority of the Municipal Code of the City of Aspen, and has the fOllowing comments. SEWAGE TREATMENT AND COLLECTION: Section 11-1.7 "It shall be unlawfUl for the owner or occupant of any building used for residence or business purposes within the city to construct or reconstruct an on-site sewage disposal device." The plans to provide wastewater disposal for this project through the central collection lines of the Aspen Consolidated Sanitation District (ACSDI meet the requirements of this department. The ability of the Aspen consolidated Sanitation District to handle the increased flow for the project should be determined by the ACSD. The applicant needs to provide a letter of agreement from ACSD to serve the project. ADEQUATE PROVISIONS FOR WATER NEEDS: section 23-55 "All buildings, structures, facilities, parks, or the like within the city limits which use water shall be connected to the municiPal water utility system." The provision of potable water from the City of Aspen system is consistent with Environmental Health policies ensuring the supply of safe water. The City of Aspen Water Department will determine if adequate water is available for the project. The City of Aspen water SUPply meets all standards of the Colorado Department of Health for drinking water quality; The applicant will need to provide a letter of agreement to serve the project from the Water Department. WATER QUALITY IMPACTS: section 11'1.3 "For the purpose of maintaining and protecting its municipal water SUpply from injury and pollution, the city shall exercise regUlatory and supervisory jurisdiction within the incorporated limits of the City of Aspen and over all streams and sources contributing to municipal water supplies for a distance of five (5) miles above the points from which municipal water supplies are diverted." A drainage plan to mitigate the water quality impacts from drive and parking areas will be evaluated by the City Engineer. 1 , , .. r\ ,......, i AIR QUALITY: Sections 11-2.1 "It is the purpose of the air Quality section of the Municipal Codel to achieve the maximum practical degree of air purity possible by requiring the use of all available practical methods and techniques to control, prevent and reduce air pollution throughout the city..." The Land Use Regulations seek to "lessen congestion" and "avoid transportation demands that cannot be met" as well as to "provide clean air by protecting the natural air sheds and reducing pollutants". The major air quality impact is the emissions resulting from the traffic generated by this project. PM.10 (83% of which comes from traffic driving on paved roads) is a significant health concern in Aspen. The traffic generated will also produce carbon monoxide and other emissions that are health concerns. The municipal code requires developments to achieve the maximum practical degree of air purity by using all available practical methOds. to reduce POllution. This application has not provided a program that will achieve this goal. The applicant needs to imPlement measures that will minimize traffic increases of the development, or offset the emissions from the project with PM10 reduction measures elsewhere. In order to do this, the applicant will need to determine the traffic increases generated by the project (using standard ITE trip generation rates), commit to a set of control measures, and show that the control measures offset the traffic or PM10 produced by the project. The proposed new development consists of a total of 4 new residenceslthree units on th.e proposed AH parcel and one unit on the R-6 parcel.) All trip generation rates are based on the Institute of Transportation Engineers Trip Generation Report. Fifth edition. Housing units use the trip generation rate for ITE Land.Use code 210, which is 9.55 trips per day. Free-Market units located within one half mile of a transit stop, such as these, are allowed a reduction of 1.5 trips per day, and affordable housing. units within 1/2 mile of transit are allowed a reduction of 2.0 trips per day, aCCOrding to the Pitkin county Road standards. For example TWO free market units 9.55 trips minus 1.5 trips (close to transit> = 8.05 times 2 units = 16.1 new trips per day generated by the free market units TWO affordable units 9.55 minus 2.0 trips (Close to transit> = 7.55 times 2 units = 15.1 new trips per day generated by the affordable units 16.1 + 15.1 = 31.2 new trips per day generated by this new development Mitigation measures used or proposed in recent developments include constructing or contributing to plowing of a bike path, reduced.sale prices for buyers without cars, shuttle vans, bikefleets, contributions to transit, homeowners dues reductions for homeowners with one or' no cars, sidewalk improvements,trail connections, and additional price for units where parking was provided. A condition of approval should be that, priOr to issuance Of any building permit or plat recording, the applicant provideinf'orlttation to the. Aspen/Pitkin environmental Health Department WhiCh. dOCuments tha~.pr()pOSed mitigation measures are sufficient to offset increases in PM,. caused by the project. 2 r ~. FIREPLACEMfOODSTOVE PERMITS The applicant must file a fireplacelwoodstove permit with the Environmental Health Department before the building permit can be issued. In the City of Aspen, buildings may have two gas 109 fireplaces or two certified woodstoves (or 1 of each) anCl unlimited numbers of decorative gas fireplace appliances per building, New homes may NOT have wood burning fireplaces, nor may any heating device use coal as fuel. Barns and agricultural buildings may not have any type of firePlace or woodstove. FUGITIVE DUST A fugitive dust control plan is required which inCludes, but is not limited to fencing, watering of haul roads and disturbed areas, daily Cleaning of adjacent paved roads to remove mud that has been carried out, speed limits, or other measures necessary to prevent windblown dust from crossing the property line or causing a nuisance. Given the location of the site, the applicants will need to give particular care to this requirement, in order to avoid comPlaints from the public. DEMOLITION Prior to demolition occurring during the moving of any buildings, the apPlicant shOuld have the materials tested for aSbestos,and if any is present, should consult the Colorado Health Department regarding proper removal. CONFORMANCE WITH OTHER ENVIRONMENTAL HEALTH LAWS: NOISE ABATEMENT: Section 16.1 "The city council finds and declares that noise is a significant source of environmental POllution that represents a present and increasing threat to the public peace and to the health, safety and welfare of the residents of the City of Aspen and it its visitors. .....Accordingly, it is the poliCY of council to provide stanClardsfor permissible noise levels in various areas and manners and at various times and to prohibit noiSe in excess of those levels." DUring con~tl'uction,n()ise can not exceed maximum permissible sound level standards, and construction cannot be done except between the hours of 7 a.m. and 10 p.m. It is very Iikely,that noise generated during the construction Phase of this project will have some negative impact on the neighborhOOd. The applicant should be aware of this and take measures to minimize the predicted high noise levels. 3 _w J.1O '"'H 05:25PM ASFEl'l HOUSIl'lG ore 1""""'\. P.t ~ MEMORANDUM TO: FROM: DATE: AS: Mitch Haas, Community Dev$lopment Department Cindy Chrilltensen, Housing Office December to, 1997 920 west Hallam Street Review ParceI'ID No. 2736-t23-03-OO3 ISSUE: Tho applicant is requesting approval to develop an affordable housing project to contain three attached units - one free market,' one resident occupied and one Category 4 unit All units are to contain three bedrooms. BACKGROUND:' The free mart<et home is proposed to be 1700 square feet, piLlS a basement; the resident occupied unit is proposed to be 1350 square feet, plus a basement; and the CategOlY 4 unit is proposed to be 1350 square feet with no basement. AcoortIing to Section 26.28.11 0.B.1: Re$idelllial ~es rts1Iicted t/) category 1, 2, 3, alKl 4 8lfoIdab18 housing guidellnea snit resident occupsnt unitlj (as defined by the Housing Aull10rily Guidelines !if \11$ AlIllllnlPitkfn County Housing Aulhorityl .must IlOmprltle at leeet HWI1lr (701 percent !if "'" unit mix. of 1he de'lllfopment. ,Of tttismenty (70) percartt, l'Grty (40) pen:ent of 1M units must be deed I'8StrIclecI to C&1egory 1, 2. 3, or 4 pursuent to tne Afordable Holl8lng Guidelilles, lII\d Re6idelll Occupied units may r:omptl&e up to lIlirly (00) percent of the unit mix. Free market development Il'llIY comprise liP t/). thilly (30) pe,"", of 1l'le unItS 1l'rix.For projects !hat comprise only lIlree rNidenlial units, of this 1IIiJty.tI1ree (33) petQent of the units must be deed realrlct$d to CalegOl)'f. 2, 3, or 4 pursuant to Ihe Affordable Housing GUideliM$. and Resident Occupied llnil$ may carnpri5e ft1itty- ~ (33} percent, arn:l1i'ee market development may QClllIIlI1$e up to tl1lrty-,three (33) percent of lhe unllill mix. Therefore, the proposal is in compliance with the Code. AJCOMlII!eNDATION:Presentiy, the Housing Board is readdressing the qualificallons for resident occupied units. Two of the main concerns of the Board deal with affordabillty of the units and if these units are targ!!tlng the right market. This will be discussed the 1ht part of 1998 and forwa~ to the BOCC and City Council for their review and approval. Prior to that tirr1e. the Housing Board has requested the opportunity to rovkm any project that containsRO and give 'lheir feedback, The applicant met briefly with the Housing Board on December 3, 1997. At ihat time. the Board expressed their concerns regarding any potential project that includes RO units, and would like the opportunitytl) fully review any project that includes RO and make recommendations to the City Council. The Board will not have a chance to review this project until their first meeting in January (January 7, 1998), therefore, although the project is in compliance with the Code, the Housing Board would like the opportunity to pass on their recommendations to the Planning and Zoning Commission and City Council after January 7, 1998. 7lsp['Co/lSoiX/aler/:!5antfalion r[;lricl 565 North Mill Street Aspen, Colorado,81611 Mitch Haas Community, Development 130 S, Galena Aspen, CO 81611 ~'~" Cy;'''i . ~€. ') \~~l <\I(\..' '''-.\~d~~~ \)" . o'('~\ ,,<-" "c. "\-\' ~ ~ ~\\l\""" CO FAX #(970) 925:2537 Michael Kelly Frank Loushin Bruce Matherly, Mgr: Tele, (970) 925.3601 Sy Kelly, Chairman Paul Smith, Treas, Louis Popish; Secy" December 12, 1998 Re: 920 W, Hallum' Dear Mitch: The Aspen ConSolidated SlWtation District currently has sufficient c()lIection an<! treatment capacity to serve this project, Service is contingent uponcoffipliance with the, District's rules, regulations, and specifications which are on file at the District office, The existing development is currently served bya four inch cast iron service line, The .condition of the existing service line should be review<(d, The garage should be located in an area compatible with any new or existing service lines, The three new units might bestbe served by short individ!1a1 four inch service lines that connect to a six inch line which could be tapped into our main, Shared service line agreements will be required, Due to the elevation of our main, livable space in the lower level of the three new units may need to be served by pumping, , . , If the elevation of the alley right of way isto be changed, we may have addition concerns regarding minimum, cover of our main line in this area, A survey of the elevations of the proposed improvements and the existing wastewater improvements would identify future potential problems, We do h,ave minimum cover requirements for our main lines, . We would like to review the utility pla,ns for the development once they are available, We will be able to estimate the total connection fees for the projef:t once detailed plans are available and a tap - permit is completed at our office, Fees must be paid prior to connection, , . . Please call if you have any questions, Sincerely, ~'-"-". ~.4A"'" (r' BruCe Ma,therly District Manager EPA Awards of Excellence 1976. 1986 ' 1990 Regional and. National r\ r'\" DRAFT MEMORANDUM To: Mitch Haas, Planner Thru: Nick Adeh, City Engineer From: Chuck Roth, Project Engineer Date: December 18,1997 Re: 920 W. Hallam Street Rezoning, PUD, GMQS Exemption and Special Review . (Parcel ID No. 2735-123-03-003) The Development Review Committee has reviewed the above referenced application at their December 10, 1997 meeting, and we have the following comments: I. Improvement Survey - For future applications, please provide the Engineering Department with a full scale improvement survey. The reduced size is difficult to read and certain details are impossible to read, Since state stature does not require easements to be shown, but City statute does require easements to be shown, the "existing conditions" survey to be included in the P.U.D. plat must contain clear language that easements indicated on a recent title policy are shown. 2. Site Plan .. The application is incomplete by not containing a site plan that shows the site development. We are unable to review plans for access. A site development plan showing access meeting code requirements must be provided with the plat and the building peITIlit application. 3. Access - The application states that there will be one driveway from Highway 82, but during the DRC meeting the applicant stated that all access will be from the alley. This is an excellent proposal by the applicant because of the high traffic volumes on Hallam Street/Highway 82 at the location. The platted alley adjacent to the applicant's property has not been developed. The applicant will be required to construct the alley to City standards prior to issuance of a certificate of occupancy. During construction, provision must be made to maintain drainage on site and to prevent construction vehicles from tracking mud onto the alley and City streets. I r"\ ~ 1 ' 4. Sidewalk. Curb & Gutter - I talked with Randy Ready and John Worcester regarding the future width of the right-of-way on Hallam StreetlHighway 82 because the Aspen ViJlas across the street was required to dedicate 12.5 feet of right-of-way on both Hallam and Seventh, which are also Highway 82. That dedication was towards a 100 foot wide right-of-way anticipating the four laning of Highway 82 on the existing alignment, John Worcester stated that the City does not need to pursue the 100 foot wide right-of-way on Hallam Street. The applicant must install sidewalk prior to issuance of a certificate of occupancy. The sidewalk should be five feet wide with a buffer space to the curb because of the reasons discussed in item 11 below. Because of the site grades, there will need to be a railing along the sidewalk. Any sections of curb and gutter in disrepair must be replaced. The applicant should be required to sign a curb and gutter agreement. There is already curb and gutter in place, but curb and gutter is a standard requirement in the Code for new construction. If the street is reconstructed or reconfigured in the future, the City will be able to bill the applicant for their share of the curb and gutter costs, This is important because the City was able to re-coup costs on the East Cooper project from agreements as old as twenty years. Other property owners and developers bear the costs of constructing curb and gutter, so it is fair to obtain agreements for the future as already provided for in the Code, 5, Encroachments - The existing encroachments (shed and garage) must be removed prior to issuance of the first certificate of occupancy. The exception might be the concrete stairs currently in place connection Hallam Street to the lower elevation site. The applicant must obtain an encroachment license for the stairs in the public right-of-way prior to issuance of any building permits. 6. Site Drainage - The existing City storm drainage infrastructure system is sub-standard and cannot adequately convey storm runoff. We recommend that the site development approvals include the requirement of meeting runoff design standards of the Land Use Code at Sec. 26.88.040.C.4.f and that the building permit application include a drainage mitigation plan (24"x36" size plan sheet or on the lot grading plan) and a report signed and stamped by an engineer registered in the State of Colorado, submitted as part of the building and site plan, as well as a temporary sediment control and containment plan for the construction phase. The P.D.D. plat must address site drainage. 7. Traffic Impacts - The responses to the review standards for re-zoning, numbers 3 and 4, concerning traffic generation and transportation facilities appear to be inappropriate by stating that "the surrounding streets will not be negatively impacted by the additional trips" and that "facilities will not be significantly impacted." Given the current City traffic levels and transportation needs, ~ increases whatsoever are negative, We recommend that this and all future land use approvals resulting in additional traffic impacts be required to pay a one-time transportation impact fee which would be used for public transit., By supporting public transit, the concept is that one car (or more) can be removed per car added to City streets, There are already too large traffic counts on the City streets adjacent to the applicant's site, 2 ,-.,. ,-.,. 8. Special Review for Parking - The Engineering Department cannot support the requested reduction in the number of parking spaces. The technique of stacking the parking is acceptable. It is not appropriate to plan parking spaces on public streets as was suggested in the special review section of the application (". . , . and on street parking is allowed for residents of the neighborhood.") It is preferable to have a parking place go unused than to create demands for on- street parking due to private developments. 9. Trash & Utilities - All utility meters and any new utility pedestals or transformers must be installed on the applicant's property and not in the public right-of-way. For pedestals, easements must be provided. The building pem1it drawings must indicate all utility meter locations. Meter locations must be accessible for reading and may not be obstructed by trash storage. 10. Housing Authority - They will provide written comments to you. There was extensive discussion about the R.O. category, but the conclusion was that the applicant will have to respond to the rules in place at the time the application was submitted. 11. City Streets Department - They do not currently plow the alley at the Sagewood Condominiums at Sagewood's and the neighbors request, but they will plow the alley, or the applicant's portion, if the applicants so wish. Paving the alley makes' it easier to plow but may not be consistent with the community plan, Snow removal on Hallam is the responsibility of CDOT. The snow removal is performed by the City under contract with CDOT, and the snow is windrowed and hauled away, not plowed to the side. If the street reverts to the City when Highway 82 is realigned, then the snow will be plowed,to the side, not removed, and it would be better in that case for the sidewalk to include the snow storage buffer zone, The applicant was advised that it is preferable for construction trailers to be placed on private property. If this is not possible, a temporary encroachment license is required for placement in public right-of-way. The alley right-of-way may be the preferable location, 12. Cij;y Water Department - The applicant needs to meet with the Water Department. The water service lines will have to be sized to meet fire protection regulations. There will be 3 lines, however they can and must share the same trench (for pavement protection reasons). During the site visit, reference was made to a well room. If the applicant owns well rights, they must be conveyed to the City prior to issuance of a building permit. 13. Cij;y Electric Department - An easement is required for the transformer which will have to be relocated at the applicant's expense. The easement must be 8' along the alley by 6' into the parcel by 6' deep by 10' high. 14. Parks Department - They wanted to see the proposed landscape plan which should have been included as one of the sheets in the conceptual plat. 3 . ~. r---.. The applicant had questions about drip lines on their property from trees on adjacent property. It appears that a drip line must be respected no matter where the originating tree is growing. The Parks Department will provide a clarification for the applicant. A tree removal permit must be obtained for any trees that are planned to be removed. 15. Environmental Health Department - The application does not address traffic impacts as related to PM-lO mitigation. The applicant needs to meet with Environmental Health on this subject. Accepted mitigations include offering homeowners the use of free bicycles, providing for lower homeowners' dues for those owning fewer cars, or paving RFT A bus stops. 16. Building Department - The applicant needs to meet with the Building Department. There are a munber of concerns such as constructing basements that will not be able to be partitioned because of having window wells and emergency egress on one side only. Will roofs shed snow into window wells? If the total floor area of the building exceeds 5,000 square feet, a sprinkler system will be required, even if the ownership of the building is condominiumized. 17. Aspen Consolidated Sanitation District - 18. Snow Storage - The applicant is advised to consider snow storage areas in the site design and to indicate the areas on the building permit application site plan. 19. Final PoDoDo Plat - The application is incomplete by not including a P.DD. plat. A final P.D.D. plat meeting Code requirements must be recorded prior to issuance of building permits. P.D.D. plats are typically approved and signed by utilities, Plat certificates for the utilities must be included. 20. Improvement Districts - The applicant should be required to agree to join any improvement districts that are formed for the purpose of constructing improvements in adjacent public rights-of- way and to provide a signed and notarized agreement with recording fees prior to the final building inspection. 21. Work in the Public Right-of-way - Given the continuous problems of unapproved work and development in public rights-of-way adjacent to private property, we advise the applicant as follows: The applicant must receive approval from city engineering (920c5080) for design of improvements, including landscaping, within public rights-of-way, parks department (920-5120) for vegetation species, and streets department (920-5130) for mailboxes, street and alley cuts, and shall obtain permits for any work or development, including landscaping, within public rights-of- way from the city community development department. 4 , r-, .-.. DRC Meeting Attendees Applicant: Jake Vickery, David and Amy Guthrie Staff: Nick Adeh, Tom Bracewell, Larry Doble, Cindy Christensen, Phil Overeynder, Mitch Haas, Bill Earley, Jack Reid, John Krueger, Kevin Dunnett, Nancy Mackenzie, Chuck Roth M97,l59 5 ~!<.. ^ ... .... ,-.. ~ Decemher4,1997 Mitch Haas 130 S. Galena Street Aspen, CO 81611 - - Re: 920 W. HaUam Street .... Dear Mitch; .... Herewith please find our application for a Map Amendment, Growth Management Exemption, Consolidated PUD, Special Review, and Subdivision. The application includes the following attachments: ... 1. 2. 3. 4. 5. 6. 7. 8. 9. 10, 11. 12, 13, .... .... ... - ... Sincerely, ... General description of the proposal. Authorization for representative. Title commitment. Authorization to apply. General vicinity map. Detailed vicinity map, Legal description, Response to review standards for Map Amendment. Response to review standards for GMQS Exemption. Response to review standards for PUD, Response to review standards for Special Review. Response to review standards for Subdivision. Graphics representing the proposed development. Jake Vickery .... - - ... ... - 1"""\.' ," '-". "... LAND USE APPLICATION FORM - 1. Project name: 920 W. Hallam Street. - 2. Project location: 920 W. Hallam Street, the east 1/2 of Lot M, all of Lots N, 0, and P, and a portion of Lot Q, Block 4, City and Townsite of Aspen. - 3. Present zoning: R-6. 4, Lot size: 11,156 square feet. - 5. Applicant's name, address and phone number: Jake Vickery, 100 S. Spring Street, #3, Aspen, CO 81611. - '6. Representative's name, address, and phone number: David Guthrie, P.O. Box 4704, Aspen, CO 81612. 7. Type of application (check all that apply): ... .... g Conditional Use Special Review 8040 Greenline Stream Margin Subdivision GMQS allotment View Plane Lot Split/Lot Line Adjustment Conceptual SPA Final SPA Conceptual PUD Final PUD Text/Map Amend. GMQS exemption Condominiumization_ - ~ - Conceptual HPC Final HPC Minor HPC Relocation HPC Historic Landmark Demo/Partial Demo Design Review Appeal Committee 8. Description of existing uses (number and type of existing structures, approximate sq. ft., number of bedrooms, any previous approvals granted to the property): Two bedroom single family house- approximately 980 square feet, Garage- approximately 453 square feet, Shed- approximately 231 square feet. No previous approvals have been granted. - - - 9. Description of development application: Subdivision and rezoning of a portion of the site to "AH1-PUD." Development of three AH units. - 10. Have you completed and attached the following? Attachment 1- Land use application form Attachment 2-General submission requirements Attachment 3-Specific submission requirements Proof of public notice (must be provided at public hearing) - - - - .c 1'*'\ ~ - - - 920 w. hallam street .... Existing conditions: 920 W..Ha11am Street is a 11,155 square foot lot which is improved with a house and two outbuildings, It is zoned "R-6, Medium Density Residential," and sits on the edge of the West End neighborhood, bordered by Highway 82 and other residential development. mediatel ad'acent ro rties are primarily duplex and . multi-family dwellings, Single family homes exist on the north an west 0 e sIte. .... ... .. History: The house was built in 1888 and is eligible for the National Register of Historic Places as an excellent example of an Aspen miner's cottage. The property has been in the Skifffamily since 1935. Two other buildings exist on the site, which are used as a garage and a shed. The garage building was moved to the site in the late I 940'5 and at one time served as housing for workers on the Colorado Midland Railroad. The shed was a concession stand at the base of Aspen Mountain and was moved to this site in the early 1940's. .... ... Proposed 4evelo.pment: The proposal is to subdivide off the east 4,100 square feet of the lot and rezone that parcel to "AHI-PUD," with the remainder of the site to retain "R- 6" zoning. The "AH" parcel will be developed with three a~es! units; one free market, one "Resident Occupied," and one deed restricted category unIt, as ~allowed by the zone ,,0 W. <<k district. A II liniN will be have three bedrooms. T~ ~econd parcel ~ll contain the ""'~)~,.l historic house and a new single flUllily house to the west, which is an allowed use on - ~o ~'1f('6,600 square-fi:e(f'or-/UstOric landmarks: -The-floor-area for thesetwo units is restricted ~" ~quare feet total. The existing garage will be moved from the "AR" parcel to the "R-6" parcel. The shed is proposed to be moved back to the Aspen Mountain base area. Archit.-"tl1re i. not provided for the "R-6" unit~ as part of this llDJ.1lication since their ~VieWiS~~:reSPOnsibilitvOftheHPC,~ Ci?O. 3D.. 7t1:;., Attached are a site plan and architectural drawings of the proposed "AH" development. The architecture may be subject to some modifications as part of the HPC review and as, l'/!olc&.(JJ the design is refined. IDe free market home will be approximatelv 1700 ~uare feet plus f> M " a basement. The resident occupied unit will be a roximatel 1350 s uare feet Jusa ~ . basement, and the category umt WlJ 1350 SqJlafe ff'~t with no basement. ?tiD The development requires some aspects auhe' dimensional requirements to be addressed by Snecial Review, namely buil~ght, parking, and Floor Area Ratio. The design takes advantage of the very slight drop in grade towards the rear of the site and locates three covered parking spaces below the unit on the alley, This unit then has a lower plate height on the second level in order to maintain a consistent ridge height with the other houses on the "AH" parcel. - - - - - - - - Attachment 1 .... ... ... - - - - .... .... .... .... .... ... - .... - - .... .... - ,,- r""'. -" The owners of 920 W. Hallam have historically used the alley, which is platted but has never been developed, as part of their backyard. As part of this development, the alley will be improved and used for access to parking. The application includes a variance from the maximum required parking. A total of foo/ spaces will be provided on site for the "AH" parcel. ,:;;. (cO/" "'.{? i,I:V 8;,%'" 3,63>3 ,,91,6% Allowed Floor Area is estab~)red by Special Review. The maxim~~tted for the site by Special Review is~5}~SqUare feet. The proposed FAR is(1,4Q9 square feet in order to create 3 bedroom units. The entire property is to be designated a landmark, and HPC will review the proposal for compatibility with the historic resource, Development Objectives: . Because the property is historic, it may be developed with a total of three free market homes via the "Historic Landmark Lot Split." The applicant has chosen to pursue an affordable housing scenario out of a desire to help meet the community's great need for housing for full time residents. We feel that the site is extremely appropriate for AH development because of its size and characteristics, very close proximity to transit, the multi.family nature of the surrounding development, and the compatibility offamily oriented housing with the neighborhood. In addition, we are strongly interested in the historic significance of the site and have designed the project to be sympathetic in architecture and scale to the existing buildings. Development Schedule: The intention is to complete the review process in January and to apply for building pennits so that construction can begin in the Spring and be completed by Winter, - ,-... - - October 27, 1997 Mitch Haas City of Aspen 130 S. Galena Street Aspen, CO 81611 - RE: ,920 W. Hallam Street - Dear Mitch, ---, - By this letter I designate David Guthrie, P.O. Box 4704, Aspen, CO 81612, to represent me in this application. David's daytime phone number is 379-7726. - - Sincerely, - - Jake Vickery 100 S. Spring Street, #3 Aspen, CO 81611 - - - - - -- - - Attachment 2 - .--. ..... .-.._,._------.----~_.".. .. -", SCHEDULE A .-~ ~, ..-..,. Order Number: aaa2~2J6-c2 - 1. Effecrivedaze: SepteJllbe.r 15, 1997 at 7:30 A.M. - 2. Policy or Polici4r to be issued.. (a) A.L.T...4.. Ownu"g (St=dazd) dmOlUIt of Insurance S 7SS,000.ao ~ - (b) .4.L.T...4.. Mongaget!'s Proposed l11SU1'ed.: (Sl:mdu/jJ s - - (c) Lstut!hold Proposed 11lSllTed: :s - 3. The esrart or intt!resr in the land described or referred to in dUs Commirment aIUi covered herein is - ~ee simpl.e 4, TI:tie tD the rae sJ.mple esrare or inreresr in JaW. land Is IJl the effecrivl! dar/' lutreaj veJted in: XUZE !'. SJaFF as to an und:i.v:i.drad 1/2 in:szss: and KA!J!IZ 31(=;:'11 liS :0 an ~l1di.vidsd 1/2 .:i.m:erest:. - S. The land referred to in this Commitment is described as jiJllows,' - See Attac:J:ed .r.eg4l. Desc:::ipt:i.on - - - STATEMENT OF CHARGES Thull clttzrgu art due and pay,u,u, before " Policy elUl be i.Rf/lfti. - 1992 Owners ~::8tIIJ.r:m '.l!az r:erti:fJ.r:a:e ~o= 110'.1 (Owner) $1,897.00 $ 10.00 $ 100.00 - Attachment 3 - - . -,...._'_._-".__.""-~-,---,---- - - - - - - - - '""' '""' - '""' '""' - '""' '""' r'\ /~. 25. TITLE DOCUMENTS AND NOTICES - Notices to party or parties represented by listing broker shall be deemed received when delivered to listing broker. Notices to party or parties represented by co-operating broker, shall be deemed received when delivered to said co- operating broker. Notices shall be deemed delivered when either faxed, hand delivered or three days after deposit in tl1e U. S. Mail, certified retum receipt requested to tl1e office of the respective broker. Copies shall be mailed to: BUYER: Jack H. Vickery 100 South Spring Street #3 Aspen, Colorado 81611 Fax 925-2622 N/A WITH COPIES TO: SELLER(S): Katie T. Skiff c/o Rici1 Wagar Associates, I:.LC 601 East Hyman Avenue #104 Aspen, Colorado 81611 Fax 920-1010 N/A WITH COPIES TO: 26. WITHDRAWAL OF L1ST1NG - Seller and Sellers broker agree to remove tl1eproperty from the market ailer during the closing period. Buyer shall have the right fa freely market interests in the property, inclUding but not limited to listing in the MLS and plac:ng a real estate sign on the property, and contract for tl1e sale said interests in the property so iong as such offerings and agreements are contingent upon Buyer closing on the property. 27, LEGAL COUNSEL - This is a legal instrument and Listing and Selling arokers recommend tl1aI the parties seek legal, tax and individuai counsel before signing this agreement 28. LAND USE APPUCA TIONS - Seller hereby permits and autl10rizes Buyer to submit during the Inspection and Closing period any and all land use applications for proposed development of the property so long assuoh applications and approvais are contingent upon . , Buyer or his assigns closing on the property, Costs related to such applications shall be tl1e sole responsibility of the Buyer. 29. SELLER'S WARRANTIES AND RE?RESENiATIONS. Seller represents and warrants as follows that (a) Seller has not received any notice, written or otherwise. from any governmental or quasi- govemmental agency requiring the correction of any condition with respect to the property, or any part thereof. (b) There are no contracts, commitments, obligations, leases, or agreements of any kind that relate to the Property which are or will binding upon the Property or Buyer other than matters of record. Seller 1;:; 9{ r> Katie T. Skiff I oh../ 197 Date r k~l/ Rici1 Wagar Associates, LLC Date Attachment 4 .... , ~ .... /-'\-,/ I" , ~J ! , I , , ~ .... .... .... '-'-" "' ~ ,.If->j.~'\ ~nH.' .... <;iF\?!' ~ .... .... .... .... .... . , , , , , I , I I , , , , , ~ " m z ... o o 5 :xJ . . Attachment 5 --,..---." -~--- --._- """ , """ - - - r- """ - - - - ,.... - "--J i ~~ l> - '---'-- . o " o .. ~ '--'- - - - .... - 15~ tachment e .-, ,;/ 'v -", THE EAST ~/2 OF LOT M; LOTS N, 0, l?; AND THAT l?ARCEL DESCRIBED AS COMMENCING AT THE SW CORNER OF LOT Q, THENCE S 750 0.9' 11" E 7.16 FEET, THENCE NORTHERLY TO A l?OINT ON THE NORTHERLY LINE OF SAID LOT Q WHICH LIES S 750 0.9' 11" E 5.95 FEET FROM THE NW CORNER OF SAID LOT Q, THENCE N 750 0.9' 11" W 5.95 FEET TO THE NW CORNER OF SAID LOT Q, THENCE S 140 So.' 49" E 10.0. FEET TO THE l?OINT OF BEGINNING; ALL IN BLOCK 4, CITY OF ASl?EN. 1""""-. ~ EXHIBIT A - ... COUNTY OF l?ITKIN, STATE OF COLORADO. - - - ... - - ... - - - - ... ... ,- Attachment 7 ... Response: The proposal is compatible with the mix of dwelling types (single family, duplex and multi-family) within the area. 3. The effect of the proposed amendment on traffic generation and road safety ~ I Response: The addition of new living units on this site will generate additional ! traffic, however the surrounding streets will not be negatively impacted by the additional trips and the availability of mass transit will eliminate the need for most car trips. ~E6 ,\ ~\~ 4. Whether and the extent to which the proposed amendment would result in (" e~61\" demands on public facilities, and whether and the extent to which the proposed ~\gilO amendment would exceed the capacity of such public facilities, including but not \ limited to transportation facilities. sewage facilities, water supply, parks, drainage, schools, and emergency. medical facilities. Response: The property is served by all utilities, which will be upgraded by the J applicant if necessary. City parks, schools and medical facilities will not be significantly impacted. ~, r". .,.-." ~ .... 920 w. hallam street ... Review Standards: Development Application for Amendment to Text or Map In reviewing an amendment to the text of this chapter or an amendment to the Official Zone District Map, the City Council and the Commission shall consider: ... ... 1. Whetber the proposed amendment is in conflict with any applicable portions ofthis chapter. ... Response: The proposed map amendment is not in conflict with any portions of this chapter. - 2. Whether the proposed amendment is compatible with surrounding Zone Districts and land uses, considering existing land use and neighborhood characteristics. ... .... ,- .... - ... .... - 5. Whether and the extent to which the proposed amendment would result in significantly adverse impacts on the natural environment. .. Response: The proposal will not have any significant impacts on the natural environment. Attachment 8 ,... , ,,.,....., ,.,....." ,... 6. Whether the proposed amendment is consistent and compatible with the community character in the City of Aspen. ,- ... Response: The proposed rezoning is compatible with the community character of Aspen in the sense that it provides family oriented housing opportunities for full time residents and creates a group of small homes which are consistent with Aspen's traditional buildings. . , - 7. Whether there have been changed conditions affecting the subject parcel or the surrounding neighborhood which support the proposed amendment. ,... ,... Response: The immediate neighborhood is zoned R-6, however multi-family structures and duplexes are typical. The area is also affected by the increased use of Highway 82. - 8. Whether the proposed amendment would be in conflict with the public interest, and is in harmony with the purpose and intent of this chapter. ,... Response: The map amendment supports the public interest by contributing to the community's need to house full time residents. .... - ...., ... - ,.., ... :Gi - - ,.. , ,-' ,-." . , ,.. - 920 w. hallam street - Review Standards: Development Exempt from GMQS Scoring and Competition Applicant response - The following minimum development criteria shall apply to all exempt and non-exempt development within the City of Aspen. ('2(,. fro -(510) (p'b 19) ... A. Consistency with Community Plan. The proposed development shall be consistent with the Aspen Area Community Plan and other adopted plans. - Response: The proposal is consistent with the Aspen Area Community Plan, particularly with the "Housing Action Plan." The "Housing Action Plan" strongly encourages infill development within the City limits, particularly in locations along mass transportation routes, The Plan further states that the public and. private sectors must work in partnership to bring forward housing opportunities for the community, especially family oriented housing. This project involves the development of three small homes; one free market, one deed restricted as a "Resident Occupied" unit, and one category unit. "",,*, - .... - The AACP supports small scaled affordable developments which are dispersed throughout town, and recognizes the importance of enviroumentally sustainable development patterns, in this case housing which is within the heart of Aspen, makes efficient use of the available land, and has easy access to transportation. - B. Compliance with Code requirements. The proposed development shall comply with all applicable requirements of the City Code, ~ Response: The proposal is being reviewed by the Planning staff, Historic Preservation Commission, Planning and Zoning Commission, and City Council for compliance with all aspects of the Municipal Code. 9;6 Z0. ICD. oSD (C) C~){b) ~(J) ,~ ~ - .... "'" "'" Attachment 9 -, ,.-\ ~ - - 920 w. hallam street ,... Review Standards: Development Application for Planned Unit Development (PUD) Applicant response ,- A development application for PUD shall comply with the following standards and requirements. Please respond to each of the review criteria. - 1. General requirements. a. The proposed development shall be consistent with the Aspen Area Comprehensive Plan. ,... Response: Compliance with the AACP has been addressed in other areas of this application. .... b. The proposed development shan be consistent with the character of existing land uses in the surrounding area. - - Response: While the property is located in the R-6, Medium Density Residential Zone District, the nature of the surrounding residential uses is varied, On the north are ,two single family homes and a duplex. Immediately to the east is a multi-family building. On the south, are the Villas of Aspen and a multi-family structure owned by the Housing Authority, and on the west a single family home rented to employees of the Crystal Palace. The proposed development is therefore compatible with the surrounding land uses. ... - c. The proposed development shall not adversely affeet the future development of the surrounding area. -. Response: The proposed development will have no effect on the future development of the surrounding area. ,... d. Final approval shall only be granted to the development to the extent to which GMQS allotments are obtained by the applicant. .... Response: The development involves residential units which are exempt from GMQS scoring and competition. ,... ,.... 2. Density. ~ a. General. The maximum density shall be no greater than that permitted in the underlying zone district. Furthermore, densities may be reduced if: (1) There is not sufficient water pressure and other utilities to service the proposed development; ~i.lL:D frOOReo5 -rrl1S , - ,... Attachment 10 ,~, f""". ~, .... - Response: The property is currently served with Municipal water. It is anticipated that a minimal water line upgrade may be needed as part of the development. The applicant will bear this cost. All other utilities are immediately available to the site from the alley, - (2) There are not adequate roads to ensure fire protection, snow removal and road maintenance to the proposed development; - Response: The property is located directly on Highway 82 and is serviced by an alley, which will be upgraded for use by the occupants and any service vehicles, -, (3) The land is not suitable for the proposed development because of its slope, ground instability, and the possibility of mud flow, rock falls and avalanche dangers; .... Response: The property is not affected by natural hazards. ... (4) The effects of the proposed development are detrimental to the natural watershed, due to runoff, drainage, soil erosion and consequent water pollution; - Response: The impacts of this development on the natural watershed will be negligible, Drainage will be contained on the site. fiitii/III (5) The proposed development will have a deleterious effect on air quality in the surrounding area and the city; (lr - Response: The proposed development will have a positive effect on air quality by creating housing in a location where residents have ready access to mass transit, -, (6) The design and location of any proposed structure, road, driveway, or trail in the proposed development is not compatible with the terrain or causes harmful disturbance to critical natural features of the site. .... .,."", Response: The proposed structures will be designed in harmony with the natural grade features. ~ b. Reduction in density for slope consideration. (1) In order to reduce wildfIre, mudslide, and avalanche hazards; enhance soil stability; and guarantee adequate fire protection access, the density of a PUD shall also be reduced in areas with slopes in excess of twenty (20) percent in the following manner. - ....... (a) For lands between zero (0) and twenty (20) percent slope, the maximum density allowed shall be that pennitted in the underlying zone district; (b) For lands between twenty-one (21) and thirty (30) percent slope, the maximum density allowed shall be reduced to fifty (50) percent of that pennitted in the underlying zone district; ... . - i~, ,-, - - (c) For lands between thirty-one (31) and forty (40) percent slope, the density shall be reduced to twenty-five (25) percent of that allowed in the underlying zone district; and (d) For lands in excess offorty (40) percent slope, no density credit shall be allowed. ,- (2) Maximum density for the entire parcel on which the development is proposed shall be calculated by each slope classification, and then by dividing the square footage necessary in the underlying zone district per dwelling unit. (3) For parcels resting in more than one (I) underlying zone district, the density reduction calculation shall be performed separately on the lands within each zone district. (4) Density ,shall be further reduced as specified in Article 3, Definition of Lot Area. ,...., - Response: The property is relatively flat and does not include any areas of steep slope ,... ~ 3. Land uses. The land uses penllitted shall be those of the underlying zone district. Detached residential units may be authorized to be clustered in a zero lot line or row house configuration, but multi-family dwelling units shall only be allowed when permitted by the underlying zone district. - Response: The property is to be rezoned to "AHI-PUD" which allows multi-family structures, - 4. Dimensional requirements. The dimensional requirements shall be those of the Underlying zone district, provided that variations may be permitted in the following: 1 a. Minimum distance between buildings; -i&-b. Maximum height (including viewplanes); c. Minimum front yard; d. Minimum rear yard; ;fe, Minimum side yard; f. Minimum lot width; g. Minimum lot area; h. Trash access area; i, Internal floor area ratio; and ~j. Minimum percent open space. If a variation is permitted in minimum lot area, the area of any lot may be greater or less than the minimum requirement of the underlying zone district, provided the total area of all lots, when averaged, at least equals the permitted minimum for the zone district. Any variation permitted shall be clearly indicated on the final development plan. Response: The proposed buildings maintain a 5 Ii.oot sideyard on the east, a 5 foot \ ~=.~. ":: rearyard, and an 11 foot frontyard setback, which meet the requirements of the existing / ~(/: "R-6" zone district. On the west yard, the structure is 8 feet from the lot line, however ~. porches, which are important to the architecture and appeal of the buildings, project into this area to within 2 feet of the lot line, - - - ~ -, ~. .-..." ,... - In tenus of height, the frontmost unit meets the 25 foot height limit, measured to the 1/3 point on the roof. The middle unit is 28 feet to the midpoint, due the slight drop in grade, and the unit on the alley is 30 feet to the 1/3 point due to the dropping grade and the need to locate parking under the unit. Given the size of the adjacent building, these heights are appropriate. - "'" 5. Off-street parking. The number of off.street parking spaces may be varied from that required in the underlying zone district based on the following considerations. a. The probable number of cars used by those using the proposed development. ,... Response: Given the availability of mass transit, the applicant proposes a total of four parking spaces. This is the most that can be accommodated on the parcel without stacking spaces. The applicant feels strongly that this is adequate on.site parking, Parking is also available on the surrounding streets, and cars may be parked on Highway 82 just in front of the property in the daytime. .... ... b. The parking needs of any nonresidential uses. Response: Not applicable. .... c. The varying time periods of use, whenever joint use of common parking is proposed. ,.. Response: Each space is dedicated for the sole use of the tenant. ,... d. The availability of public transit and other transportatilln facilities, including those for pedestrian access andlor the commitment to utilize automobile disincentive techniques in the proposed development. - .. Response: Inbound and outbound bus stops are within 1/2 block of the site, and downtown is in easy walking or biking distance. . e. The proximity of the proposed development to the commercial core or public recreational facilities in the city. Whenever the number of off.street parking spaces is reduced, the city shall obtain assurance that the nature of the occupancy will not change. Response: The Commercial Core and numerous recreational facilities are easily accessed by bus, bicycle or foot 6. Open space. The open space requirement shall be that of the underlying zone district. However, a variation in minimum open space may be penuitted if such variation would not be detrimental to the character of the proposed planned unit development (POD), and if the proposed development shall include open space for the mutual benefit of all development in the proposed planned unit development (POD) through a common ,"'" , ,'-" ~. ,... ..., park or recreation area. An area may be approved as a common park or recreation area if it: a. and Is to be used and is suitable for scenic, landscaping, or recreation purposes; ,... P AtI-!4tiV? Response: There is no open space requirement in the R-6 zone district. Open space that is provided on the site will be visible to the street and is expected to be used by the residents for recreation and landscaping. ,... - b. Is land which is accessihle and available to all dwelling Ilnits or lots for whom the common area is intended. A proportionate, undivided interest in all common park and recreation areas shall be deeded in perpetuity to each lot or dwelling unit owner within the planned unit development (PUD), together with a deed restriction against future residential, commercial, or industrial development. Any plan for open space shall also be accompanied by a legal instrument which ensures the permanent care and maintenance of open spaces, recreation areas, and communally owned facilities. ,... ,... , ... Response: The open space will be accessible to all units and will not be developed in the future. ,... 7. Landscape plan. There shall be approved as Dart of the final development plan a landscape plan, which exhibits a well designated treatment of exterior spaces. ItSiIan provide an ample quantity and variety of ornamental plant species that are regarded as suitable for the Aspen area climate. '."" !- ..... Response: A landscape plan will be developed to provide appropriate species and placement which enhance the development. ~ 8. Architectural site plan. There shall be approved as part of the final development plan an architectural site plan, which ensures architectural consistency in the proposed development, architectural character, building design, and the preservation of the visual character of the city. It is not the purpose of this review that control of architectural character be so rigidly enforced that individual initiative is stifled in the design of a particular building, or substantial additional expense is required. Architectural character is based upou the suitability of a bnilding for its purposes, upon the appropriate use of materials... and upon the principles of harmony and proportion of the building with each other and surrounding land uses. Building design should minimize disturbances to the natural terrain and maximize the preservation of existing vegetation, as well as enhance drainage and reduce soil erosion. ..... - .. . Response: The fathering parcel is historically designated, and therefore the Historic Preservation Commission will review the design of the proposed structures for compatibility with the adjacent historic home and surrounding neighborhood. .,.,. . ,-.., ,.-., I"'" - 9, Lighting. All lighting shall be arranged so as to prevent direct glare or hazardous interference of any kind to adjoining streets or lands. Response: All light fixtures will be selected to prevent glare or unnecessary impact to) Co;JDrft'ci} adjacent properties. - """ 10. Clustering. Clustering of dwelling units is encouraged. - Response: There will be three small homes on the site, which use the available land area efficiently. ,.... 11. Public facilities. The proposed development shall be designed so that adequate public facilities will be available to accommodate the proposed development at the time development is constructed, and that there will be no net public cost for the provision of these public facilities. Further, buildings shall not be arranged such that any structure is inaccessible to emergency vehicles. .... ,.. Response: The property is within the City limits and will not cause any additional impacts to public facilities. The buildings will be arranged to allow easy access for emergency vehicles. - 12. Traffic and pedestrian circulation. a. Every dwelling unit, or other land use permitted in the planned unit development (PUD) shall have access to a public street either directly or through an approved private road, a pedestrian way, or other area dedicated to public or private use. ... - , Response: All units will have access directly onto a public street by a driveway or via the alley. ,.... - b. Principal vehicular access points shall be designed to permit smooth traffic flow with controlled turning movement and minimum hazards to vehicular or pedestrian traffic. Minor streets within the planned unit development (PUD) shall not be connected to streets outside the development so as to encourage their use by through traffic. / '\ fl;l,0- ofF oF k/,(.81' (PO CvIIJNJotS) ~ Response: Only one unit is accessed from the public street, and a driveway which? - . meets safety requirements will be provided. The other two units are accessed from the . ,.:;:, , alley. ;107' . ttu--A dCjI1lV' " - - . c. The proposed development shall be designed so that it will not create traffic congestion on the arterial and collector roads ,surrounding the proposed development, or such surrounding collector or arterial roads shall be improved so that they will not be adversely affected. ,-, ~ .-, ,... - Response: A driveway currently exists from Highway 82 onto the site, so there will be no increased impacts. All other units will be accessed from the alley. - d. Every residential building shall not be farther than sixty (60) feet from an access roadway or drive providing vehicular access to a public street. .... Response: All buildings will be less than 60 feet from the access roadway or drive, - e. All nonresidential land uses within the planned unit development (POO) shall have direct access to a collector or arterial street Without creating traffic hazards or congestion on any street. - Response: There are no non-residential land uses within the proposed development. - f. Streets in the planned unit development (POO) may be dedicated to public use or r~tained under private ownership. Said streets and associated improvements shall comply With all pertinent city regulations and ordinances. - Response: There are no streets within the PUD. - - .... - Jf/IiIitit< - - .... - - ... ~ ~1 - - 920 ~ ~ vft{,7IJZi w. hallam street ~)- Aij"I/N~J eY t:P-.; d1""rf&'?- t--Iifd\" (J;JZi,</---:- l<eQ'5 VI!12't'7D ff..O'" y ";j'~oJ.lij'L, 0; Review Standards: Special Review./ ffif.I'Ji-l<:f ~tf pJD f'~ ' Applicant response ".,.., A. Dimensional requirements. Whenever the dimepsionaLwquirern~nts of a '1 proposed development are subject tQ..Mlecial reyif(w, the development app1lcatloiiShall only be approved if the following conditions are met. 1. The mass, height, density, configuration, amount of open spac~" FPf Wtf:fi landscaping and setbacks of the proposed development are designed in a manner which is 'tftg;e- 8'/ compatible with or enhances the character of surrounding land uses and is consistent with f. ~ fp the purposes of the underlying zone district. L rlfr ftJD) Response: The proposed development has been designed and located on the east'\ portion of the fathering parcel due to several circumstances. The west walJ of the 'f-(~ adjacent apartment building is completely blank, save two very small windows, therefore ~~ the proposed construction will have no visual impact on residents of the Sagewood. The ;r~<w fr applicant believes that the proposed structures wilJ greatly improve the character of the ~'1'i'!LJ-rtt area by being more visually interesting and less in conflict with the historic house on the /fIAlI. rm'-B~ site than is the Sagewood. To the rear of the proposed AH site is an alley, and across the ;j11'&)'df ~ alJey are large trees which will screen the new development from the neighbor. f/\f\V~ Ct. . - - - - - ... The applicant is sensitive to the design considerations of the neighborhood. The project design will be reviewed by HPC. - 2, The applicant demonstrates that the proposed development will not have adverse impacts on surrounding uses or will mitigate those impacts, including but not limited to the effects of shading, excess traffic, availability of parking in the neighborhood or blocking of designated view planes, . ... - Response: As described above, impacts on the neighbors to the north and east will be minimal, The applicant will reside to the west of the proposed development and finds that there will not be any adverse impacts related to shading, views, or parking. B. Off-street parking requirements. Whenever the off-street parking requirements} ~~;B of a proposed development are subject to establishment andlor mitigation via a payment fJJG~ o. in lieu by special review, the development application shall only be approved if the . {'f'r&fI following conditions are met. - - - 1. In all zone districts where the off-street parking requirements are subject to establishment andlor mitigation by special review, the applicant shall demonstrate that the parking needs of the residents, customers, guests and employees of the project have ... Attachment 11 - !""" /''''',\ ,~ - ... been met, taking into account potential uses of the parcel, the projected traffic generation of the project, the projected impacts onto the on-street parking of the neighborhood, its proximity to mass transit routes and the downtown area, and any special services, such as vans, provided for residents, guests and employees. . In detennining whether to accept the mitigation or whether to require that the parking be provided on-site, the commission shall take into consideration the practical ability of the applicant to place parking on-site, whether the parking needs of the development have been adequately met on-site and whether the city has plans for a parking facility which would better meet the needs ofthe development and the community than would location of the parking on-site. - - - Response: The applicant proposes that two of the units have one on site parking space and that one unit has two on-site parking spaces, This is the most that can be accommodated without stacking spaces and without eliminating living space, which would be a significant loss in the name of accommodating the automobile. The property is served by transit and on street parking is allowed for residents of the neighborhood, therefore the parking need will be met. .... - - - - - - - - - - - - -, ,~ 1"""'\,. ,'- - 920 w. hallam street - Review Standards: Development Application for Subdivision Applicant response ... A development application for Subdivision shall comply with the following standards and requirements. Please respond to each of the review criteria: - 1. General requirements. The proposed subdivision shall be consistent with the Aspen Area Comprehensive - a. Plan, b, The proposed subdivision shall be consistent with the character of existing land uses in the area. c. The proposed subdivision shall not adversely affect the future development of surrounding areas. d. The proposed subdivision shall be in compliance with all applicable requirements of this title. ,... -- Response: See previous responses to these criteria, - 2. Suitability ofland for subdivision. a. Land suitability, The proposed subdivision shall not be located on land unsuitable for development because of flooding, drainage, rock or soil creep, mudflow, rocks Ii de, avalanche or snowslide, steep topography or any other natural hazard or other condition that will be hannful to the health, safety, or welfare of the residents in the proposed subdivision. -- ,... - Response: The property is not affected by the natural hazards described above and is suitable for development. - b. Spatial pattern efficient. The proposed subdivision shall not be designed to create spatial patterns that cause inefficiencies, duplication or premature extension of publiC facilities and unnecessary public costs. - Response: The proposal is served by all utilities and is a developed neighborhood, - 3. Improvements. a. Required improvements. The following improvements shall be provided for the proposed subdivision. (1) Pennanent survey monuments, range points, and lot pins. (2) Paved streets, not exceeding the requirements for paving and improvements of a collector street. (3) Curbs, gutters, and sidewalks. - - - Attachment 12 ... . I"""'< ~ ... (4) Paved alleys. (5) Traffic-control signs, signals or devices, ... (6) Street lights. (7) Street name signs. (8) Street trees or landscaping, - (9) Water lines and fire hydrants, (10) Sanitary sewer lines. ... (11) Stonn drainage improvements and stonn sewers, (12) Bridges or culverts. (13) Electrical lines, - (14) Telephone lines. (15) Natural gas lines. (16) Cable television lines. ,... Response: The applicant will provide all such improvements as required by the City. - b. Approved plans. Construction shall not commence on any of the improvements required by Section 26.88.040(C)(3)(a) until a plan, profile, and specifications have been received and approved by the city engineer and, when appropriate, the relevant utility company. - - Response: The applicant will coordinate the improvements with the City and utility companies. - c. Oversized utilities. In the event oversized utilities are required as a part of the improvements, arrangements for reimbursement shall be made whereby the subdivider shall be allowed to recover the cost of the utilities that have been provided beyond the needs of the subdivision, - ... 4. Design standards. The following design standards shall be required for all subdivisions. a, Streets and related improvements. The following standards shall apply to streets regardless of type or size, unless the street has been improved with paving, curb, gutter and sidewalk. (I) Confonn to plan for street extension. Streets shall confonn to approved plans for street extensions and shall bear a logical relationship to the topography and to the location of existing or planned streets on adjacent properties. (2) Right-of-way dedication. Right-of-way shall be dedicated for the entire width for all local, collector and arterial streets. (3) Right-of-way width, Street and alley right-of-way widths, curves and grades shall meet the following standards. ... - ... .... Street Class Min. Center Line Curve Radius (ft.) Right-of-Way Width (ft.) Max. Percent of Grade (%) ... ,... - r'\ .r'\ ,.. Local 100 60 10 Collector 250 80 6 .... Arterial 625 100 5 Alley 50 20 5 - (4) Half-street dedications. Half-street dedications shall be prohibited unless they are for the purpose of increasing the width of an inadequate existing right-of-way. (5) Street ends at subdivision. When a street is dedicated which ends on the subdivision or is on the perimeter of the subdivision, the last foot of the street on the terminal end or outside perimeter of the subdivision shall be dedicated to the City of Aspen in fee simple and shall be designated by using outlot(s). The city shall use the dedicated land for public road and access purposes. (6) Cul-de-sacs. Cul-de-sacs shall not exceed four hundred (400) feet in length and shall have a turnaround diameter of one hundred (100) feet. A cul-de-sac ofless than two hundred (200) feet in length in a single-family detached residential area does not require a turnaround if the city engineer determines a "T," "Y" or other design is adequate turnaround for the vehicles expected to use the cul-de-sac. (7) Dead-end streets. Dead-end streets, except for cul-de-sacs, shall be prohibited unless they are designed to connect with future streets on adjacent lands that have not been platted. In cases where these type of dead end streets are allowed, a temporary turnaround of one hundred (100) feet shall be constructed, (8) Centerline offset. Streets shall have a centerline offset of at least one hundred twenty-five (125) feet. (9) Reverse curves. Reverse curves on arterial and collectors streets shall be joined by a tangent of at least one hundred (100) feet in length, (10) Changes in street grades. All changes in street grades shall be connected by vertical curves of a minimum length in feet equivalent to the following appropriate "K" value multiplied by the algebraic difference in the street grades, - - .... ,.... - ~ - - Street Classification Collector Local Arterial ... "K" value for: Crest vertical curve Sag vertical curve 28 35 16 24 55 55 - - (11) Alleys. Alleys shall be provided in subdivisions where commercial and industrial development is expected, except when other provisions are made and approved for service access. (12) Intersections. Intersections shall approximate right angles and have a minimum tangent offifty (50) feet on each leg. The subdivision design shall minimize the number ofIocal streets that intersect arterial streets. (13) Intersection grade. Intersection grades shall not exceed four (4) percent for a minimum distance of one hundred (100) feet on each leg, Flatter grades are desirable. (14) Curb return radii. Curb return radii for local street intersections shall be fifteen (15) feet. Curb return radii and comer setbacks for all other types of intersections shall be ... - ... - ... r. r>, ".. - based upon the expected types of vehicle usage, traffic volumes and traffic patterns using accepted engineering standards. In case of streets which intersect at acute angles, appropriate increases in curb return radii shall be made for the necessary turning movements, (IS) Turn by-passes and turn lanes, Right-turn by-passes or left-turn lanes shall be required at the intersection of arterial streets or the intersection of an arterial street with a collector street if traffic conditious indicate they are needed. Sufficient right-of-way shall be dedicated to accommodate such lanes when they are required. (16) Street names and numbers. When streets are in alignment with existing streets, any new streets shall be named according to the streets with which they correspond. Streets which do not fit into an established street-naming pattern shall be nartled in a manner which will not duplicate or be confused with existing street nartles within the City or its envirous. Street numbers shall be assigned by the city building inspector in accordance with the city numbering system. (17) Installation of curb, gutter sidewalks, or driveways. No finish paving, curb, gutter, sidewalks or driveways shall be constructed until one year after the installation of all subsurface utilities and improvements. (18) Sidewalks. Sidewalks shall be eight (8) feet wide in all Commercial Core (Ce), Commercial (Cl), Neighborhood Commercial (NC), and Commercial Lodge (CL) Zone Districts and five (5) feet wide in all other zone districts where sidewalks are required, Consideration shall be given to existing and proposed landscaping when establishing sidewalk locations. (19) City specifications for streets. All streets and related improvements shall be constructed in accordance with city specifications which are on file in the office of the city engineer. (20) Range point monuments. Prior to paving any street, permanent range point monuments meeting the standards of Section 26.88, 040(C)( 4)( d) shall be installed to approximately finished grade. Permanent range point boxes shall be installed during or as soon as practicable after paving, (21) Street name signs. Street name signs shall conform to the type currently in use by the city. (22) Traffic control signs. Any required traffic-control signs, signals or devices shall conform to the "Manual of Uniform Traffic Control Devices." (23) Street lights. Street lights shall be placed at a maximum spacing of three hundred (300) feet. Ornamental street lights are desirable, (24) Street tree. One street tree of three-inch caliper for deciduous trees measured at the top of the ball or root system, or a minimum of six-foot height for conifers, shall be provided in a subdivision in residential zone districts for each lot of seventy (70) foot frontage or less, and at least two (2) such trees shall be provided for every lot in excess of seventy (70) feet frontage. Comer lots shall require at least one tree for each street. Trees shall be placed so as not to block sight distances at driveways or comers, The city parks and recreation department shall furnish a list of accyptable trees. Trees, foliage and landscaping shall be provided in subdivisions in all other zone districts in the city in accordance with the adopted street landscaping plan. - ".... ... ,. - - - ... ... .... - - - ... - ,... - ~ "...."" ,.... Response: No new streets are created, The applicant will improve the alley and coordinate sidewalk and other improvements with the City, - - b. Easements, (1) Utility easements. Utility easements often (10) feet in width on each side of all rear lot lines and five (5) feet in width on each side oflot lines shall be provided where necessary. Where the rear or side lot lines abut property outside of the subdivision on which there are no rear or side lot line easements at least five (5) feet in width, the easements on the rear and side lot lines in the subdivision shall be twenty (20) feet and ten (10) feet in width, respectively, (2) "T" intersections and cul-de-sacs. Easements twenty (20) feet in width shall be provided in "T" intersections and cul-de-sacs for the continuation of utilities or drainage improvements, if necessary, (3) Potable water and sewer easements. Water and sewer easements shall be a minimum of twenty (20) feet in width. (4) Planned utility or drainage system. Whenever a subdivision embraces any part of a planned utility or drainage system designated on an adopted plan, an easement shall be provided to accommodate the plan within the subdivision. (5) Irrigation ditch, channel natural creek. Where an irrigation ditch or channel, natural creek or stream traverses a subdivision, an easement sufficient for drainage and to allow for maintenance of the ditch shall be provided, (6) Fire lanes and emergency access easements. Fire lanes and emergency access easements twenty (20) feet in width shall be provided where required by the city fire marshal. (7) Planned street or transit alignment. Whenever a subdivision embraces any part of an existing or planned street or transit alignment designated on an adopted plan, an easement shall be provided to accommodate the plan within the subdivision. (8) Planned trail system. Whenever a subdivision embraces any part of a bikeway, bridle path, cross country ski trail or hiking trail designated on the Aspen Area Comprehensive Plan: Parks/Recreation/Open Space/Trails Plan Map, an easement shall be provided to accommodate the plan within the subdivision. - - - - .... I'"" - - .... ... Response: The applicant will coordinate utility easements with the individual utility companies. - c. (1) (2) lines. (3) Reversed comer lots and through lots. Reversed comer lots and through lots shall be prohibited except where essential to provide separation from arterial streets because of slope, or to prevent the development of incompatible land uses. (4) Front on street. All lots shall front on a public or private street. (5) _State Hieltway 82 Nfl lot ~hall front on. nor shall any private driveway access to ~tate Highway 82, ~O (ORI'J~ p~~ Lots and blocks. General. Lots shall meet all applicable regulations of this title. Side lot lines. Side lot lines shall be substantially at right angles or radial to street - .... .... - .... IJ I'""" ;1''''\, ,... ,... (6) Block lengths. Block lengths shall normally be at least four hundred (400) feet in length and not more than one thousand four hundred (1,400) feet in length between street intersections. (7) Compatibility. Block lengths and widths shall be suitable for the uses contemplated. (8) Mid-block pedestrian walkways. In blocks over five hundred (500) feet long, mid- block pedestrian walkways shall be provided. ,... ,... Response: The two lots created through the subdivision meet the standards listed above. .... .... d. Survey monuments. (1) Location. The external boundaries of all subdivisions, blocks and lots shall be monumented on the ground by reasonably permanent monuments solidly embedded in the ground. These monuments shall be set not more than fourteen hundred (1,400) feet apart along any straight boundary line, at all angle points, and at the begiuning, end and points of change of direction or change of radius of any curved boundaries. (2) C.R S. 1973 38-51-101, All monuments shall be set in accordance with the provisions ofC.RS. 197338-51-101, as amended from time to time, unless otherwise provided for in this .title. (3) Range points and boxes. Range points and boxes meeting city specifications shall be set on the centerline of the street right-of-way unless designated otherwise, ,... - .... Response: Survey monuments will be installed as described above. ,... e. Utilities, (1) Potable waterlines and appurtenances. All potable waterlines, fire hydrants and appurtenances shall meet the city's standard specifications on file in the city engineer's office. (2) Size of waterlines. All potable water lines shall be at least eight (8) inches in size unless the length of the line is less than two hundred (200) feet. Where the potable waterline is less than two hundred (200) feet in length, its miuimum size shall be six (6) inches in width. (3) Fire hydrants. Fire hydrants shall be spaced no farther apart than five hundred (500) feet in detached residential and duplex subdivisions. Fire hydrants shall be no farther than three hundred fifty (350) feet apart in multi-family residential, business, commercial, service and industrial subdivisions. (4) Sanitary sewer. Sanitary sewer facilities shall meet the requirements of the Aspen Consolidated Sanitation District. (5) Underground utilities. All utilities shall be placed underground, except transformers, switching boxes, terminal boxes, meter cabinets, pedestals, and ventilation ducts. (6) Other utilities. Other utilities not specifically mentioned shall be provided in accordance with the standards and regulations of the applicable utility department or company. ,... .- - - .... .... ,... - "".... lJ ,,-.,. "-.,, ,... (7) Utilities stubbed out All utilities sluill be stubbed out at the property line of lots. ... Response: as needed. All utilities are available to the site ap.d will be upgraded by the applicant (}5I-!Dv7k9iJ ---._.~. ... f. Storm drainage. (I) Drainage plan. The drainage plan for the proposed subdivision shall comply with the criteria in the city's "Urban Runoff Management Plan." (2) Detention storage. Short-tenn on-site detention storage shall be provided to maintain the historical rate of runoff for the one-hundred-year stonn from the undeveloped site. (3) Maintain historical drainage flow. In cases where stonn runoff from an upstream basin passes through the subdivision, the drainage plan shall provide adequate means for maintaining the historical drainage system, (4) Calculations and quantities of flow. The drainage plan shall include calculations and quantities of flow at the points of concentration. Response: A drainage plan will be developed in coordination with the City ~ "o~ 01:6f,:::, Engineering Department ,... - ,... - .... - g. Flood hazard areas. The following standards shall apply to special flood hazard areas as defined in Section 26,68.040 of the Municipal Code. (1) The proposed subdivision design shall be consistent with the need to minimize flood damage to public utilities and facilities such as sewer, gas, electricity, and potable water systems; (2) Base flood elevation data shall be provided for any proposed subdivision of at least fifty (50) lots or five (5) acres, whichever is less. - ... Response: The property is not subject to flood hazards. ,... h. The design and location of any proposed structure, building envelope, road, driveway, trail or similar development is compatible with significant natural or scenic features of the site. ,... Response: The proposed development is in hannony with the natural features of the site, - ... i. Variations of design standards. Variation from the provisions of this section, "Design standards," may be granted by special review as provided for in Chapter 26.64. Response: The applicant does not request variances from the design standards at this time. ,.. 'lI I~' .. ,-., ,-., - - 5. Affordable housing. A subdivision which is comprised of replacement dwelling units shall be required to provide affordable housing in compliance with the requirements of Chapter 26.48, Replacement Housing Program, A subdivision which is comprised of new dwelling units shall be required to provide affordable housing in compliance with the requirements of Chapter 26.100, Growth Management Quota System, - Response: The proposal provides the required deed restricted dwelling units. '"'" 6. School Land Dedication Standards. a. Purpose. The Aspen School District requires land for necessary school functions, which may include, but are not limited to, school buildings, support facilities, open space and recreation areas and housing for employees and their immediate families. The purpose of this division is to ensure that as development occurs and enrollment in the schools grows, the current level of service provided to students can be maintained. This is accomplished by the adoption of standards for new development to provide land, or cash-in-lieu thereof to the city, for use by the Aspen School District. The standards are based on the number of students the development generates and the current level of service standard within the Aspen School District for land area provided per student. b. Applicability. School land dedications standards shall be assessed upon all new subdivisions within the City of Aspen which contain residential units. c. Dedication Schedule. (1) Land Dedication. School land dedications shall be assessed according to the following schedule: '"'" - - - - - Unit Type Dormitory Studio/One bedroom Two bedroom Three bedroom Four bedroom Five or more bedroom Land Dedication Standard .0000 acres (0 sq. ft.) .0012 acres (52 sq. ft.) .0095 acres (416 sq, ft.) .0162 acres (707 sq. ft.) .0248 acres (1,081 sq. ft.) .0284 acres (1,236 sq. ft,) '"'" - - (2) Cash-in-Lieu Payment. An applicant may make a cash payment in-lieu of dedicating land to the city, or may make a cash payment in combination with a land dedication, to comply with the standards of this section. Because of the cost of subdivided land in the City of Aspen, the School District and Aspen have decided to require payment of a cash-in-lieu amount which is less than the full market value of the land area, The formula to determine the amount of cash-in-lieu payment for each residential dwelling unit is as follows: (Market value ofJan4lx~pplicable land dedication standar~x6.33)= amount of cash payment. For example, for a property having a market land value of one hundred thousand dollars ($100,000,00) on which a four (4) bedroom house is proposed, the payment would be: $100,000 x 0.0248 x 0.33 = $818.40 - - - . .... . '. . 1""". ~ - .... (a) Current Market Value. Current market value means the value of the land at the time of the cash-in-lieu payment, including site improvements such as streets and utilities, but excluding the value of residential dwelling units and other structures on the property, When more than one (1) residential dwelling unit is to be built on a lot, then each unit shall be assigned its proportionate share of the current market value of the lot. (b) Substantiation, Market value may be substantiated by a documented purchase price (if an anns.length transaction no more than two (2) years old) or other mutually agreed upon recognized means. (c) Appraisal. In the event the developer and the city fail to agree on market value, such value shall be established by a qualified real estate appraiser acceptable to both parties. The developer shall pay for the appraisal, (3) Mixed Use Developments. When the proposed subdivision contains a mix of residential, commercial, and other uses, the required dedication shall be based on the number of proposed residential units only. d. Procedures for Land Dedication and Cash Payment. (1) Land Dedication, Lands to be dedicated to the city to fulfill the standards of this division shall be identified on the subdivision plat and shall be dedicated to the city at the time of final plat approval. (a) Acceptance. Acceptance of the lands to be dedicated shall be at the discretion of the Aspen City Council. (b) Criteria. Prior to acceptance, the Council shall consider the comments of the Aspen School District, to detennine whether the lands proposed to be dedicated are of adequate size and can be suitably developed for school purposes or whether the lands have the capability of being sold, with the proceeds being used for school purposes, Council shall also consider the probable impacts on neighboring properties of the development of the land for school purposes. When the lands proposed to be dedicated are not adequate or suitable for school purposes and cannot feasibly be sold, the Council shall require a cash payment in-lieu of the land dedication. (2) Cash-in-Lieu Payment. Payment of cash in-lieu of a land dedication shall be made to the city prior to and on a proportional basis to the issuance of any building pennits for the residential dwelling units. e, Use of Land and Use of Funds. (1) Land. All lands dedicated to the city pursuant to this section shall be held by the city for the Aspen School District, until such time as they shall be requested by the School District for school purposes, The Aspen School District shall be responsible for maintenance of said lands in a reasonable manner while they are being held by the city, (2) Funds. All funds collected pursuant to this division shall be transferred by the building inspector to the finance director, All funds so collected shall be properly identified and promptly deposited in a designated account. Funds withdrawn from this fund shall be used exclusively for the purposes specified herein. (a) City Shall Transfer Funds to School District. Funds collected pursuant to this division shall be remitted at least monthly to the Aspen School District, The Aspen School District shall deposit said funds into an interest-bearing account authorized by law. The Aspen School District shall be the owners of the funds in the account, but the signature ofthe chief financial officer of the Aspen School District, or his or her - ,... .... ... - - - - ,... ,... ,... - ,.. - - /OM ",. 'V" '. "'f "" ,.... - - - - ... - - - "" ,.... - - - ... - ,- 1""". ,1"""\ designee, and the signature of the finance director of the City of Aspen, or his or her designee, shall be required for the withdrawal of monies from the account. (b) Administrative Fee. The city shall be entitled to retain two (2) percent of the funds collected to compensate it for its administrative expenses of collecting the fees, Said fees shall be deposited in the city's General Revenue fund to be expended as the city shall determine in its sole discretion. (c) Use of Land or Funds for Housing. If the School District decides that land or funds dedicated pursuant to this section should be used for housing, then the School District shall place a deed restriction on those housing units, restricting their occupancy solely to School District employees and their immediate families, In the event the inventory of housing exceeds the district's needs, the School Board may allow occupancy of the units through the Housing Authority, f. Periodic Review. In order to ensure that the land dedication standards which are assessed are fair and represent the current level of service provided by the Aspen School District, the dedication schedule shall be reviewed by the city, together with the School District, and amended as necessary within three (3) years of its effective date and every three (3) years thereafter. Response: School dedication impact fees will be paid by cash-in-lieu if required, D. Procedure. Prior to approval of a development order for subdivision, an applicant shall have a development application for plat reviewed and recommended for approval, approval with conditions, or disapproval by the commission, and then reviewed and approved, approved with conditions, or disapproved by the city council pursuant to the procedures of this section and the Common Procedures, Chapter 26.52, B26,88.050 Subdivision agreement. A. General. Prior to approval of Plat for a subdivision, the applicant and city council shall enter into a subdivision agreement binding the subdivision to any conditions placed on the development order. . B. Common park and recreation areas, The subdivision agreement shall outline any agreement on the part of the applicant, to deed public lands, open space, public facilities, and other improvements to the city or other entity. C. Landscape guarantee. In order to ensure implementation and maintenance of the landscape plan, the city council may require the applicant to provide a guarantee for no less than one hundred twenty-five (125) percent of the current estimated cost of the landscaping improvements in the approved landscape plan, as estimated by the city engineer, to ensure the installation of all landscaping shown and the continued maintenance and replacement of the landscaping for a period of two (2) years after installation. The guarantee shall be in the form of a cash escrow with the city, or a bank or savings and loan association, or an irrevocable sight draft or letter of commitment from a financially responsible lender and shall give the city the unconditional right upon ,..... <, /""". ~ .. - demand to partially or fully complete or pay for any improvements or pay any outstanding bills, or to withdraw funds upon demand to partially or fully complete or pay for any improvements or pay for any improvement or pay any outstanding bills for work done thereon by any party. As,portions of the landscaping improvements are completed, the city engineer shall inspect them, and upon approval and acceptance, shall authorize the release of the agreed estimated cost for that portion of the improvements, except that ten (10) percent sball be withheld until all proposed improvements are completed and approved, and an additional twenty.five (25) percent, which shall be retained until the improvements have been maintained in a satisfactory condition for two (2) years, ,... - - D. Public facilities guarantee. In order to ensure installation of necessary public facilities planned to accommodate the subdivision, the city council shall require the applicant to provide a guarantee for no less than one hundred (100) percent of the current estimated cost of such public improvements, as estimated by the city engineer. The guarantee shall be in the form specified in Section 26. 88.050{c) and may be drawn upon by the city as specified therein. As portions of the public facilities improvements are completed, the city engineer shall inspect them, and upon approval and acceptance, shall authorize the release of the agreed estimated cost for that portion of the improvements, except ten (10) percent which shall be withheld until all proposed improvements are completed and approved - - - - E. Recordation. The subdivision agreement and plat shall be recorded in the office oftbe Pitkin County clerk and recorder. Failure on the part of the applicant to record the plat within a period of one hundred eighty (180) days following approval by the city council shall render the plat invalid and reconsideration and approval of the plat by the commission and city council will be required before its acceptance and recording, unless an extension or waiver is granted by city council for a showing of good cause. The subdivision plat shall also be submitted in a digital format acceptable to the Community Development Department, for incorporation into the City/County GIS system. The one hundred eighty (180) day recordation requirement contained herein shall not apply to the recording of condominium maps, or declarations or any other documents required to be recorded to accomplish a condominiwnization in the City of Aspen, E26.88.050 ... - ... - Response: Subdivision agreements and plats will be submitted for review by the Planning and Zoning Commission and Council. - t~ ~I \ll [ \ t(1) +u Iml .1' " ] , , , , , , , , , , , , , , , / - - Tll .... ill ---------------~ , , , , , , ' , , , , , , , \ , , , , , , , , , , , , , , 1".---- I ~ - _e ~"I --------------------------------------:_::::~ -------l r-----------\ 'f-------- ;/~ " o , , , , , , , , , , , , , . , , , , , , , , . , , , , , , , , , ) \ II FRANCIS ST . , , . , , . , , , , , , , , , , , , , , 1___.... o , ----- I .~ARKING CJ:I , " , , , , , . . r . HWY -, \ ..L__________ .' I . .,r'.' C ~'4t,.,o ~t?r "'", II" :::..... "'''''-''''< IC4l' ...... ""'<l.,. ,. /,'~"" ", 10 Cb...."""" ~.t... " ~'" '~1)". 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