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HomeMy WebLinkAboutcoa.lu.an.Marolt.r6pud.1980MAROLT (Opal) pul(,�,> N Recorded at 10:37 a.m. JuZ 1980 � ^� Reception No. 2��.r NAZI Loretta Banner, Recorder nr_DPvMFNm THIS AGREEMENT made and entered into this (.9 day of , 1980, by and between the City of Aspen, Colo- rado, a qunicipal corporation of the State of Colorado, located in Pitkin County, Colorado, hereinafter called "Aspen", and Marolt Associates, a partnership organized under the laws of the State of Colorado, hereinafter called "Marolt". W I T N E S S E T H: WHEREAS, Marolt is the owner of certain unincorporated lands situated in Pitkin County, State of Colorado, described in Exhibit "A", which is attached hereto and by reference made a part hereof; and WHEREAS, Marolt desires that said property be annexed to Aspen and concurrently with said annexation desires that Aspen initiate zoning of said land to R-15A/PUD/SPA (Residential, planned unit development, specially planned area); and WHEREAS, Aspen does agree to annex said property and so zone subject to certain conditions. NOW, THEREFORE, in consideration of the premises and promises contained herein it is mutually agreed by and between the parties hereto as follows: 1. Marolt shall petition Aspen, in accordance with State Statutes, for the annexation of the property described in Exhibit "A". Marolt shall also petition Aspen to initiate zoning concur- rently with said annexation. The zoning requested shall be R-15A/ PUD/SPA. Aspen agrees, subject to the provisions of applicable law, to annex the property described in Exhibit "A" and to zone the pro- perty therein in accordance with this agreement. 391 r.` 244 If Aspen is unable to accomplish said annexation or said zoning as requested by Marolt, Aspen shall dismiss the foregoing petition for annexation and zoning, and in such event, this agreement shall be null and void. 2. Marolt agrees that the development plan for the property will provide for no greater development than the construction of one -hundred twenty-five (125) residential units. Marolt agrees that the development plan for the property will be consistent with Ordinance No. 4, Series of 1980, which ordinance exempts develop - went from the Growth Management Plan when 700 of the residential bedrooms developed are permanently deed restricted to comply with the City of Aspen, Colorado, definition of low and moderate income housing. (A proposal has been submitted to amend said ordinance to exempt if 70 % of the residential units, as opposed to bedrooms, are deed restricted. If said ordinance is so amended, Marolt may elect to develop consistent with the ordinance as amended.) Marolt further agrees that said development plan will be designed to the extent possible to increase clustering of the residential units, to maximize open space corridors and to reduce intrusion into areas designated by Aspen as environmentally sensi- tive. Marolt further agrees that Aspen may withhold or refuse to issue a building permit for the construction of any structure which is not in accordance with this agreement. Marolt and Aspen agree that it is the intent of both parties to develop housing on the site as early as feasible. Therefore, if an application for a building permit is not made within two years from final approval of the development plans by the City Council, said approval being defined as the last 2 25 governmental act (with the exception of the review and approval of the Chief Building Inspector) necessary to authorize the issuance of a building permit or permits, and if the City Council of Aspen, Colorado, has not extended such time period at its behest or at the developer's request, the City may undertake any procedure or procedures necessary to rezone the property to the Rural Residen- tial (RR) zone classification, or any other appropriate zone, and to deny development inappropriate to the area and bulk require- ments of said district. It is understood by both parties that Marolt's ability to develop may be drastically affected by vari- ations in economic conditions. Therefore, the City Council shall not unreasonably refuse to extend such deadlines if the delay for applying for a building permit or permits is due to difficulty in arranging for the financing of construction despite the good faith efforts on the part of Marolt to accomplish the same. 3. Nothing herein shall preclude Marolt from petitioning Aspen to rezone the property in accordance with Ordinance No. 16, Series of 1980, which ordinance creates the residential housing bonus overlay. 4. Marolt agrees that it will, to the extent possible, incorporate adequate area for road and highway right-of-ways within the development plan. 5. Marolt may organize the program for financing on an industrial revenue bond basis its costs with respect to the development of the property described in Exhibit "A". Aspen agrees to cooperate with Marolt in organizing and issuing such industrial revenue bonds, provided, however, that Aspen shall incur no liability whatsoever with respect to such program or any industrial revenue bonds resulting tr,erefrom. 3 M391 248 EXHIBIT A An enclave annexation of that parcel of land situated in Lots 9, 10, 13, SW 1/4 SW 1/4 Sec. 12, T10S, R85W, 6th P.M. and Lot 5 and NW 1/4 NW 1/4 Sec. 13, T10S, R85W, 6th P.M. described as follows. Beginning at a point, in the center line of Castle Creek (the SW cor. Lot 2 Adams Subdivision), being N 45121' W 682.87 ft. from the 28" x 14" x 10" rock witness corner monument set for the witness point for the S 1/4 corner of Sec. 12 (said rock being 78.57 ft. N 78110130" W from an unapproved 1954 Bureau of Land Management Brass Cap stamped as witness corner), thence N 14*40' E 149.97 ft. to corner #13 Holden Tract; thence N 14*35' W 172.00 ft. to corner #14 Holden Tract; thence N 37*50' W 314.72 ft. to corner #1 Holden Tract, being identical with corner #4 North Texas Mill Site MS #3288, thence 14 54*45' W 84.00 ft. to the center line of Castle Creek, thence N 26100' W 94.00 ft. along the center line of Castle Creek, thence N 28°10' E 294.00 ft. along the center line of Castle Creek, thence N 20*05' E 115.40 ft. along the center line of Castle Creek, to the South Right -of -Way line of Colorado Highway No. 82, thence 14 75°08' W 360.26 ft. along the South Right-ot-Way line of Colorado Highway No. 82, thence 63.52 ft. along the arc of a curve to the left (radius of 905.00 ft. chord bears N 77°08'38" W 63.51 ft.), thence S 10°51' W 90.71 ft., thence S 21°47' W 282.37 ft., thence S 25*28' W 715.83 ft. to a point being 1794.68 ft S 41052115" E, from the 1954 Brass Cap marking the W 1/4 corner of Sec. 12 thence S 18'14' W 1107.77 ft. to the North Right -of -Way line of Castle Creek, thence S 40000' E 114.98 ft. along the North Right -of -Way line of Castle Creek Road, thence S 53°34' E 124.61 ft. along the North Right -of -Way line of Castle Creek Road, thence N 81*56' E 254.45 ft., thence S 06°42' E 308.07 ft., thence N 90000' W 9.11 ft., thence S 33°00' E 61.65 ft., thence N 68°35' E 280.15 ft. to line 1-2 Short Lime MS #4610, thence N 16*00' W 44.62 ft. along line 1-2 to corner No. 1 Short Lime MS #4610, thence N 74000' E 236.35 ft. along line 1-4 of Short Lime MS #4610, thence N 90100' W 74.04 ft., thence N 19012' E 117.32 ft., thence N 42030' W 329.09 ft., thence N 02043' W 221.35 ft., thence N 16°44' E 139.78 ft., thence S 70°12' E 120.00 ft., thence N 36*45' E 268.63 ft. to the most Northerly corner of property described in Book 196 at Page 376, Pitkin County Records, thence N 60°46' W 261.04 ft. to the center line of Castle Creek, thence Easterly along the center line of Castle Creek down the creek 651 ft. more or less to the point of beginning. "391 z47 APPROVED AS TO FORM w, Ronald W. Stock City Attorney STATE OF COLORADO ) ) ss County of Pitkin ) The foregoing instrument was acknowledged before me this day of/ 1980, by as partners of Marolt Associates. 0'v 1 WITNESS MY HAND AND OFFICIAL SEAL. commission expires: -; V, .c, Not ry Public STATE OF COLORADO ) ) ss County of Pitkin ) The foregoing instrument was acknowledged before we this day of` 1980, by Herman Edel as Mayor and Kathryn S. Ko as ity Clerk of the City of Aspen, Colorado. WITNESS MY HAND AND OF IC AL SEAL. •��` , ,My `r•,Qnuniss ion expires Nota y u l is eoL, ' 5 6. This agreement, when executed after final reading by the City Council of the annexation and zoning ordinance(s), shall be binding upon and shall inure to the benefit of the parties hereto, their successors and assigns, and shall be a covenant running with the property described in Exhibit "A". IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed in duplicate as of the date first herein written. MAROLT ASSOCIATES By Partner By Partner"C) By L 44�WL,4� Partner Ity Partner CITY OF ASPEN By Herman Edel Mayor 4 MEMORANDUM TO: Aspen City Council FROM: Karen Smith, Planning Director RE: Rezoning and Annexation - Opal Marolt Property DATE: January 21, 1980 On January 28, the City Council will hold the second reading and public hearing of ordinances related to the rezoning and annexation of the Opal Marolt property. As you know, this property has been submitted to you with a proposal that incorporates up to 125 dwelling units roughly divided into 70% deed restricted employee housing and 30% free market units. The proponents are seeking a zoning district which will accomodate the proposal. Since the site is currently zoned AF-2 (2 acre minimum lot size) in the County, the decision for the City Council is to determine whether the zoning is appropriate based on such factors as surrounding land use and density patterns, the Aspen Area Master Plan, and changed conditions since the time of original zoning.. While the applicant has requested R-6 zoning as that which they feel comfortably accommodates the proposed density, the Planning Office has recommended to you an R-15A zone district density. The Planning Office has recommended the R-15A zone density with SPA and PUD designation also attached. While we recognize that there are disadvantages to development on this property, our recommendation is made with the objective in mind that sites must be found to accommodate employee housing and it is our intent to recommend to you those sites which best can achieve a balancing of community goals through clustering and innovative design. We recom- �„���u �;ia Marolt site, with conditions, because we believe that ueveiuu- ment can be designed to fit the site's unique features, -protect environ- mentally sensitive areas, and create open space buffers which both continue the open space corridors gained by public acquisitions and minimize the impact of the development on surrounding areas. Other reasons supporting the recommendation include: 1. The R-15A density is consistent with surrounding land use and zoning patterns to the east across Castle Creek and to the north across Highway 82. The Aspen Land Use Plan of 1973 recommends single-family medium density for this site, which, if clustered, is what this application proposes. The PUD is recommended in the absence of any housing overlay or similar zoning technique to encourage the clustering of density, its accommodation to the site's unique features, and its compat- ible siting with surrounding neighborhoods. The SPA desig- nation is necessary to accommodate any mixed uses which may be proposed in the subsequent development plan in multi- family structures. 2. The proposal represents a dispersal of employee housing develop- ments to the west side of the City of Aspen, avoiding the fur- ther concentration in areas to the north and east of the City. It is a medium-sized project and results in a heterogeneous mix of income levels. 3. R-15A zoning requires that at least 50% of the units are deed - .restricted to employee price guidelines. In fact, the application proposes to restrict 70°; or more of the units. 4. The site is proximate to town -and well -served by bus transpor- tation. Other utilities, water and sanitation, are available to the site. J - 5. There is an opportunity to preserve open space corridors along Castle Creek, as well as the visual connection from the Thomas property to Shadow Mountain through innovative design and clustering. Through the Planned Unit Development procedure, environmentally sensitive areas can be avoided. The Planning & Zoning Commission recommended S.P.A. zoning for the site consistent with the zoning recommended for the water plant employee housing site. The recommendation was based on the lack of a housing overlay and the opportunity that that zoning designation would give for fitting the appropriate density to the site through the review of a development plan. The Planning Office recommended against that because of the lack of adequate criteria in the S.P.A. zone district, a district which was originally intended for a few very limited sites within the City of Aspen. Opposition has spoken to you on first reading. Points cited in opposition have included: -that Castle Creek serves now to contain the urban form and this development will contribute to urban sprawl, -there are environmental constraints according to the CSU maps; namely, steep slopes, riparian areas and visually vulnerable lands, -the site is designated in part as agriculturally productive lands, -free market units are involved, -neighborhoods have objected that the density is not consistent, -and given the uncertainty of development feasibility, critics question whether it is appropriate to grant a density increase without assur- ing that the development would follow. The Engineering Department has also pointed out that there is a need to preserve alignments for the extension of Main Street and four-laning and/ or uua way u i� n i wiwav or-. i Here niav be increased public cost if bus trans- portation needs to be fortified. This is meant to be a summary only of extensive memoranda given to the City Council in early December. These memoranda included a December 3rd summary of development potential on the site, and analysis of pros and cons of alternative employee housing sites, as well as the November 13th memorandum to the Aspen Planning and Zoning Commission summarizing the conditions on which a decision to change zoning must be based. The memoranda appeared in your packet twice and will be available in the Planning Office for your review. Included in this packet will be a draft annexation agreement, which incor- porates many of the conditions of approval that the Planning Office recom- mended. Again, the recommendation is for R-15A/P.U.D./S.P.A zoning, which, after a density analysis, appears to accommodate somewhere between 70 and 150 units, depending on such things as density reduction for steep slopes and the subtraction of a lot for Opal Marolt's. house. We believe that the appropriate density within this range will be found through the review of a development plan. If that plan is devised in accordance with the con- ditions recommended in the annexation agreement and cognizant of the sensi- tive areas pointed out through this rezoning process, we believe a develop- ment can be sited in this location which will balance community goals and objectives and maximize its compatibility with surrounding areas. The increase in density, furthermore, is warranted in view of the need for employee housing documented in the recent work of the Housing Task Force. PETITION FOR ANNEXATION TO The City Council of the CITY OF ASPEN Aspen, Colorado 81611 The undersigned hereby respectfully petition the City Council of the City of Aspen to annex to the City of Aspen the territory shown on the map attached hereto and described as follows, to -wit: (SEE EXHIBIT "A" ATTACHED HERETO) In support of this Petition, the Petitioners state, represent, and allege as follows: 1) It is desirable and necessary that the above -described territory be annexed to the City of Aspen. 2) The Petitioners are landowners of more than one hundred percent (1000) of the territory, herein proposed for annexation to the City of Aspen. 3) Not less than one -sixth (1/6) of the aggre- gate external boundaries of the above -des- cribed territory hereby petitioned to be annexed to the City of Aspen is contiguous to the city limits of the City of Aspen. 4) A community of interests exist between the above -described territory and the same is urban, or will be urbanized in the near future, and further that said territory is integrated or is capable of being integrated into the City of Aspen. 5) In establishing the boundaries of the above -described territory, no land held in identical ownership, whether consist- ing of one tract or parcel of real estate or two or more contiguous tracts or par- cels of real estate have been divided into separate parts or parcels. 6) The above -described territory does not in- clude any area which is the same with sub- stantially the same area in which an elec- tion for an annexation to the City of Aspen was held within twelve (12) months preced- ing the filing of this Petition. 7) The above -described territory does not in- clude any area included in any other annexa- tion proceeding involving the City other than the City of Aspen. 8) Four (4) copies of an annexation map setting forth with reasonable certainty, a written legal description of the boundaries of the area proposed to be annexed, the delineation of the outer boundaries of the above -describ- ed territory, the portion of the boundary con- tiguous with the existing city limits of the City of Aspen, and the dimensions of said contiguous boundary have been attached here- to and hereby constitute a part of this Peti- tion. 9) The above -described territory is not present- ly a part of any incorporated city and county, -2- or town. WHEREFORE, the undersigned respectfully petition to the City Council of the City of Aspen to annex the above -described territory to the City of Aspen in accord- ance with and pursuant to the Statutes of the State of Colorado. DATED July 16, 1979. RESPECTFULLY SUBMITTED, OPAL MAROLT VICKI MAROLT KEITH.,.)KAROLT PEGGY' DGE Jl� JUDY `TESITOR "PETITIONERS" ADDRESSES OF PETITIONERS: Opal Marolt P. 0. Box 423 Aspen, Colorado 81611 Vicki Marolt 2609 Juniper Avenue Boulder, Colorado 80302 Keith Marolt 108 Libertv Street San Francisco, Calif. 94110 Peggy Eldridge 625 Emporia Road Boulder, Colorado 80303 Judy Tesitor 4862 Earle Circle Boulder, Colorado 80301 -3- EXHIBIT "A" LEGAL DESCRIPTION OF MAROLT PROPERTIES PITKIN COUNTY COLORADO PARCEL l ' 71 tract of land in Lot 13 J(fro"9 -`M Plat by Withers approved July 18, 18II9) Sec. 12 T10S R8501 6P, M. being part, of the "Stitzer Entry" described as follows: Beginning at a point, a fence corner in��place, beirz 282.4 i ft. N66'19'l5"j9 from the 28" y 1-" x lU roc); witness corner monument set for the witness point for the S 1/4 corner of Sec_ 1e Nov. N(witness corner mon. sho:. n in Cutshaw notes and plat approved 8, 1888) s'-aid roc): being 78.57 ft. N78°10'30"T•l from Dui unapproved 1954 Bureau o= Land Managementass Cap 13r stamped as witness corner, ' .thence N70'25'E 132.33 ft. to lineClaim, 2-3 MS 4211 Ilomestake thence S09'37'B 200.25 ft. along line 2-3 to property des- cribed in Book 243 Pg. 895 Pitkin County records, thence S82'26'W 3.12. 13 ft. along northerly line .of Property properrop described in Bk. ' 243 Pg_ 895 to the corner of erty cribed in Bk. 182 Pg_ 183, - thence N23019'W 62.56 ft. along Pasterly line of property ' described in Bk. 182 Pg. 183, thence N71'121E 151_41 ft. along a fence line to a.fence corner, thence N6l'02'15"1,: 84.61 ft. along a fence line to a fence corner, thence N41'19' 50"ltil 62.56 ft.. alonc., of beginning. a fence line to .the point TOGETHER with a perpetual 30 ft. right of way and utility casement upon, over, along, . across and under .the real property described as follot•1s: Beginning* at the above -described ooiizt of beginning, thence N70'25'B 30.35 ft., r thence N28'20'55"W 3.54_30 ft., thence S61°56'10"T•1 30.00 ft., thence S211'20'55"E 149.82 ft, to ;.he point of beginning. Pitkin County, Colorado. ' Page 1 of 4 - - - •:----- --- --.._ __. _--- PAJ:ChL 2 A tract of lzna situated .i.n Lots 9, 10, 13, Msw 1/4 Ill 1P Sec, 1.2, *'T10S, 118511, Gth P.M. and Toi; 5 and 141.7 1./4 VW 1/4 Sec. 13, TIOS, 1%85W, Gth P.I.1. dc5cr:iLed a:r fo11U1Js_ i J3ginning at a point, in the center line of Castle Creek • the SW cor. Lot- 2 Adams Subdivision) , bc_iiig 1445°21.' 11 G82. 87 %t. from the 28" x 14" x 10" rock witness corner monum?nt set for the witness paint for the S 1/4 corner of Sec. 12 (said rock being 78.57 ft_ N78°10'30"W from an unapproved 1954 Bureau of Land A9anage;iient Drass Cap starnped as witne�;s corner) , thence 1414°401E 149.97 ft. to corner V 13 Holden Tract, . thence N 14 ° 35' W .172.00 ft. to corner l,'14 . Ilolden Tract, thence N37°50'W 3.14.72 ft. to corner ill Holden Tract, being i identical with corner #4 North Texas mi:Ll Site AIS V3288, thence. N54 ° 45' 19 84.00 -ft. to the center line of Castle Creel:, thence N26'0011q 94_ 00. ft. along the center line of Castle Creek, thence N28°10'E 294.00 ft. along the center line of Castle Creek, thence N20°05'E 115.40 ft. along the center line of Castle Creek, to the South Right -of -Way line of Colorado }iighway No. 82, thence N75°08' W 360. 26, ft. ' along the South Right -of -Way line of Colorado Highway Noy 82, thence 63.52 ft. along the arc of a curve to the left (radius of 905. 00 ft. chord bears N77°08' 38"W 63.51 ft.) , thence S10 '51'19 90.71 ft., thence S21'47'17 282_ 37 ft., thence S25'28'W 715.83 ft: to a point being 1794.68 ft. S41°52'15"E, from the 1954 Brass Cap marking the 11 1/4. corner of Sec. 12, thence S18'14'W 1107.77 ft. -to the North Ri.uht-of-Way line of. Castle -Creek Road, ' thence S40'00'E 114.98 ft. along the North Ricjht-of-;qay line of Castle Creek Road, .. j thence S53*34'13 124.61 ft. along the North Right-of-114y line of Castle Creek Road, thence N81°56'h 254.45 ft., thence S06042'E 308.07 ft_, thence N90°00111 9.11 ft., thence S330001E 61.65 ft-, thence N68035' E 280.15 ft. to line 1-2 Short Lime MS 11610, Page 2 of 4 thence N1G°00'iI 44. G2 ft. along line Short . 1-2 io corner No. 1 L• ime P.LS (r 4G10, thence N74"00'E 2.36.35 ft. along line 1-4 of Sliort Lime ' f 4 G10, . ,IS thence 1\190-00'W 74.04 ft., thence N190121E 117.32 ft_, thence N�42° 30'P] 329.09 ft., - thence N02043117 221. 35 ft., -1)- L-bence 2:1G°44'La: 139.78 thence S700121B 120.00 ft.,- thence property N36"45'E described 268.G3 ill Dk. ft- to 19G the most A , ort-herly corner of P�,_ 37G Pig}.�n Co. Records, thence Creek, 1\160046'11 261.04 ft, to the center line of Cast).e thence Easterly along the center line of Castle Creek do;an the creek 651 ft_ more or less to the poiint of beyinn ling. Pitkin County, Colorado. f . 1 TOCETIIER with a perpetual easemen s thirt t over, along and across the southerly. thirty. (30) feet of tj�e real property Paragraph 4 hereof, in 'for ingress, to, egress from .ann1VUT-1 ��IPrbU •. to the Portion of the property cis 'round p �' Y scribed in this paragraph i lying and being westerly of the property described in paragraph 4 of. this Decree, but easterly of the centerline Creek, said easement being foof Castle r the benefit of said Teal Property above described and the plaintiff, its grantees, assignees, invitees and distributees only. .. TOGETHER With the following described property: A tract of land being parts of Lots 8 and 10, and the Sid 1/4 SW 1/4 Sec. 12 T10S R85W, 6th P.1•.. , being part of Property described in Book 175, Page 628 of the'Pitkin Count described as follows: Y -Records, Be r.-In'!ing ',-:t a point on the East line of the Thomas Estate propPzty being 1823:79 feet S 40°19' E. Section 12 T10S R85T^I, 6th P.pg, from the W 1/9 Cornea: anent Brass Ca c (a 1954 Bureau of Land �lanage p) ; thence S lII 14 17 66. 44 feet along the East line of the Thomas Estate property; Thence along a curve to the left, radius of 308.10 feet, a distance of 540.42 feet (chord bears S 18"54' W 473. 7G feet) ; thence S 31021' E 8.00 feet to the East line of the Thomas Estate S 18014' Property;; thence W 131.35 feet along the East line of the Thomas Estate property; thence A' 31021' i-I 93.16 feet; thence along 2 curve to the right, radius of 408.10 feet, a distance of 2?.1.14 feet (chord bears 14 15°49'30" W 218.4G feet along a curve to the right, radius of 663-65 feet, )a disence tance Of 100.00 feet (chord bears N04001' E 99.91 feet).; thence Page 3 of 4 N O V2.0' L' 245. 00 fe(t; thence along a curve to the lift, radius of 448.22 feet, a distance of 235.07 fee-L- (C),urd hears IJ 06041' 14 232.39 feet) to the Soiith right of \,,ay line of the Main line of the railroad; thence along a curve to the right, radius of 2964.8 feet,a distance of 13G.07 feet (chord hears N 49°11' 14 136.07 feet); thence N 47"52' W 458.00 feet; thenco S 80'24' E 154- 18 feet to a point on the. centerline -of the railroad mainline"being 2376 feet more or less* Northwesterly from the -East line of Lot VI Sec_ 12 (I:imberly Survey) ; thence S 88'24' L 154.18 feet; thence - S 47052' E 215.00 feet; thence along a curve to the' left, radius of 2764. 8 feet, a distance cif . 454. 01 :feet- (chord bears S -52°34' E 453.50 feet) to the East line ok the Thomas Estate property; thence S 25"28' S4 147.50 feet aloncl the East line of the Thomas Estate property; thence S 18°14' 1-7 57.06 feet along the* East line of the. Thomas Estate property to the point of beginning. Page 4 of 4 ' r „� ..._ __- . _ _. • �.. � . •-•. • •-� � c... ter.. a r- :�l,C�-t an ^c, ) _ • ..aor• c. r f •. 77 MEMORANDUM TO: Aspen City Council FROM: Karen Smith, Planning Director RE: Rezoning and Annexation Recommendation - Opal Marolt Property DATE: December 3, 1979 _ Considerable discussion has taken place at the P & Z level regarding the pro- posed annexation and rezoning of the 35 acre Opal Marolt property west of Castle Creek. Since the Planning and Zoning Commission intends to take final action on Tuesday, December 4th, after your packet deadline, their recommendations can- not be placed in your packet. Please, however, review the enclosed memoranda for a briefing on the issues. To summarize the debate (and to greatly oversimplify), the main issue seems to have been that of extending the city limits and zoning west of Castle Creek and opening up a new area for development (mixed free market and employee housing) versus the benefits to be derived from employee housing to be built and the oppor- tunities to cluster and reduce the impact on surrounding areas that the site seems to offer. There was vocal opposition from surrounding residents, a few private citizens, and the Open Space Advisory Board, who suggested other sites were better suited for employee housing. There was support from one interested citizen and the Board of County Commissioners. The Planning Office has recommended the annexation and rezoning to R-15-A/PUD/SPA as the only existing mechanism allowing the mixed use and clustering concepts pro- posed. The Planning Office has also recommended a slightly lower density (70 to 100 units) and other conditions of annexation related to the conceptual develop- ment which we offer as a means to best relate the development to the site, take advantage of opportunities to cluster and preserve valuable open space features, both along the highway and river and internal to the site; and finally to reduce impact on surrounding areas and prevent the sprawl the critics have feared. Under these conditions this office believes a careful balance among community goals can be achieved. In particular, we have been attempting to maximize compliance with review criteria recommended in the housing overlay proposal which in itself is designed to allow you as policy -makers to balance community policy and seek innova- tive solutions. We think this compromise is a supportable one. Mulligan & Reeves, P G. Attorneys and Counselors at Law Suite 300 Robert J. Joyoe Ecluntable Building Telephone James AMull _ 730 Seventeenth Street (303) 572-0000 Allen G. Reeves Denver, Colorado 80202 Gable Don R.Teasley MULLREEVES July 17, 1979 Karen Smith Director of Planning City of Aspen Aspen, Colorado 81611 Dear Karen: Please find enclosed a Petition requesting that the Marolt property be annexed to the City of Aspen. Also enclosed is a conceptual layout showing the proposed use of the property subsequent to annexation. This use would require that the pro- perty be zoned S.P.A. I would appreciate your assistance in processing these applications and will of course be avail- able to you for discussion or further informa- tion. As we discussed, by phone today, since the exact procedures necessary for approval of the Marolt development have not been settled upon by all of the officials involved, we have also submitted un- der separate cover an application for rezoning, to Pitkin County. Obviously when we collectively de- cide the best course of action to undertake one or the other of these applications will be withdrawn. I will call you after you've had a chance to view this material to arrange some time with you and Karen Smith -2- July 17, 1979 any other city officials as you direct to further dis- cuss the proposal. Thank you for your cooperation in this matter. Sim ee ly, MULLIGAN\& RFEVES ,1 P .'� . ert, J .' Joy RJJ:jjf Enclosures xc: Opal Marolt Vicki Marolt i REQUEST FOR ZONING WHEREAS, Marolt Associates, a Colorado general partner- ship, has requested in the Petition to which this Request is attached, the City of Aspen to annex the land described in the Petition for Annexation to the City of Aspen; and WHEREAS, the land to be annexed will be developed in the manner indicated in the various materials attached to the Petition for Annexation. NOW, THEREFORE, Marolt Associates requests that the City Council of the City of Aspen direct the Planning and Zoning Commission of the City of Aspen, at the earliest possible con- venience of the Planning and Zoning Commission, to commence proceedings to rezone the subject property R6/PUD. MAROLT ASSOCIATES, a Colorado general partnership By Cary Cl rk Managi g Agent 3:45 P Atlsust 27, 1979 374 rvi 8Y/ Recordedat......... o.... .. .... O'clock ............ M .. ......................................... ............................. ' +,11 Loretta lianner Reception No ..... ..I..ti i-1 , ! F . ........ _ .. ...............Recorder. .. ........................ STATE OF COLORADO Pitkin ss' County of ........................ ...... OPAL...MATILDA MAR.OLT................................................of the ................. .• ..... --•..... ............County of ....... P i tk i n in the State of CoIorado.................................................................................................... ....................•----•-•--...............-•---................. .......-----.......being first duly sworn, upon oath deposes and says that ... ..... MAROLT ASSOCIATES , .......................... .......................................................... ---•---•...............•-------------................................------------.....----•------...................------------.....................------...---................. is the, -name under which a business or trade is being carried on at......:.:....::...:x:�...`�1........._.._......... in the ........................................ County of..... P_ ............................................tkin, and State of Colorado. That the full Christian and surname and address of all the persons who are represented by the said name of ............ . . 1 t Associates is as follows, to wit: Opal Matilda Marolt - P.O. Box 423, Aspen, Colorado 81611 ---------------------------------------------------•-------------------------------•--•---•--••----•---•-----------------.....-•••--....--••-•-•-•-----•.........-••--•----•---. Judy Marie Tesitor - 4862 Eagle Circle, Boulder, Colo. 80301 ...............•-••--•----------------------------------------•-------•---••--...••--------.....--•-------.......---------••--•••--.........------•----•---........ Vicki Ann Marolt - 2609 Juniper Avenue, Boulder, Colo 80301 •-•.......................•'--••---•---•------•--'•...._........-•--•-------........-----------••-•--•-------•-•••--•---.....-•-•-.....-•--••---•----•--------•--. Peggy Louise Eldridge - 625 Emporia Road, Boulder, Colo 80303 Keith E. Marolt - 108 Liberty Street, San Francisco, Calif 94110 .............. affiant.... is one Of...the person ... s.... .--- carrying on said business or tiaue under the u name or style aforesaid. .................................•--•-••----•----.......-••-------...................... Stfti dilbe4,and sworn to before me, this ......... _7....... day of ....... A9"�----- . ,1917. Nj commiaslop expires ....... 4.%---- ••...' 19....•--- ` r nes m 'hand and official seal. �' U t>...................... _- Notary Public. `\ UNW9—All co -partnerships and every person doing business otherwise than in his owr ful name should make t'4is;affidavit, which must be filed in the county in which the firm carries on its trade or busi s and must be refiled whenever there is any change in the membership of the firm; and no suit can be prosecuted y such firm for the collection of any debts until such affidavit is filed. No. 298. TRADE NAME AFFIDAVIT. Bradford Publishing Co.. I824-46 Stout street, Denver, ColoraJo 1673-60111 —4-77 . ._ -. -..r- •�."r'�• ..-�-. .. rr..�R..... . �.�r.w .R�'. _ i •7T; +�*i.;�.. _�...� _. ,t+TTI. ,...��-T... ..,-..-n�r. • • p.".- �-�'?�> '. _� ji gar--1.�... _�...,._ .1 • to 3,:5 P August 27, 19 �� c 8c o Recorded at o'clock M.,—.—__._ 1 h�� Reception No ` LU_Ptta_Banner —, Recorder. TIIIS DEEP, Made this day of August ,19 &_9, between JUDY MARIE TESITOR AUU w 7-)HID of the County of Boulder and state of Z -a Colorado, of the first part, and MAROLT ASSOCIATES, a Colorado General Partnership whose legal address is c/o #300 Equitable Building, 730 Seventeenth Street, Denver, Colorado 80202 oftheCity and County of Denver and state of Colorado, of the second part, WITNESSETH, That the said part y of the first part, for and in consideration of the sum of Teri -Dollars and other good and valuable consideration rom-A-Rs, to the said party of the first part in hand paid by the said part y of the second part, the receipt whereof is hereby confessed and acknowledged, ha Sremised, released, sold, conveyed and QUIT CLAIMED, and by these presents do eSremise, release, sell, convey and QUITCLAIM unto the said part y of the second part, its heirs, successors and assigns, forever, all the right, title, interest, claim and demand which the said part y of the first part ha S in and to the following described lot or parcel of land situate, lying and being in the County of Pitkin and State of Colorado, to wit: See Exhibit "A", attached hereto and incorporated herein by this reference. also known as street and number TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and privileges thereunto belonging or in anywise thereunto appertaining, and all the estate, right, title, interest and claim whatsoever, of the said party of the first part, either in law or equity, to the only proper use, benefit and behoof of the said party of the second part, itEheirs and assigns forever. IN WITNESS WHEREOF, The said party of the first part has hereunto set her hand — and seal the day and year first above written. 11 l^ ,� l ems( �, y✓ K` 4tC. �c,i� L<- s -SEAL] Signed, Sealed and Delivered in the Presence of I JURY MARIE TESITOR STATE OF COLORADO, sa. County of %� ` The foregoing instrument was acknowledged before the this day of 19 rf by' Judy Marie Tesitor al�r My commission expires 1 `i , 19 7 Witness my hand and official seal. ar. coIr,,. SEAL) SEAL) SEAL) 7 Publie. No. 933.QVIT CLAIM DF.ED.—Drndtord Publishinc Co., 1824.46 Stout Street, Denver, Colorado (673.6011)-9/77 �!_� r 374 PA61.891 ,. 7301339-6 C heet 2 of _7 SCIIEDULE A —Continued 2. Covering the Land in the State of Colorado, County of Pitkin Described as: A tract of land situated in Lots 9, 10, 13, 'SW4 SW; Sec. 12, T10S, R85W, 6th P.M. and Lot 5 and NW < NW ; Sec. 13, T10S, R85W, 6th P.M. described as follows: Beginning at a point, in the center line of Castle Creek (the SW cor. Lot 2 Adams Subdivision), being N45°21'W 682.87 ft. from the 28"x 14" x 10" rock witness corner monument set for the witness point for the S ;corner of Sec. 12 (said rock being 78.57 ft. N78010'30"W from an unapproved 1954 Bureau of Land Management Brass Cap stamped as wit- ness corner), thence N14°40'E 149.97 ft. to corner #13 Holden Tract, thence N14°35'W 172.00 ft.. to corner r14 Holden Tract, thence N370501W 314.72 ft. to corner #1 Holden Tract, being identical with corner 1#4 North Texas Mill Site MS 7#3288, thence N540451W 84.00 ft. to the center line of Castle Creek, thence N260001W 94.00 ft. along the center line of Castle Creek, thence N28010'E 294.00 ft. along the center line of Castle Creek, Ehence N20005'E 115.40 ft. along the center line of Castle Creek, to the South Right -of -Way line of Colorado Highway No. 82, thence N75°08'W 360.26 ft. along the South Right -of -Way line of Colo- rado High way No. 82, thence 63.52 ft. along the arc of a curve to the left (radius of 905.00 ft. chord bears N77008138"W 63.51 f+- thence S10°511W 90.71 ft., thence S21047'W282.37 ft., thence S25°28'W 715.83 ft. to a point being 1794.68 ft. S41052115" E, from the 1954 Brass Cap marking the t% ; corner of Sec. 12, thence S18°14'W 1107.77 ft to the North Right -of -Way line of Castle Creek Road, thence S40000'E 114.98 ft. along the North Right -of -Way line of Castle Creek Road, thence S530341E 124.61 ft. along the North Right -of -Way line of Castle Creek Road, thence N81°56'E 254.45 ft., C-1 4 2.2 - Continued - -77 J16. n • 7301339-6 #3 of 7 374 K� M 2. (Continued) SCIiEDULE A — Continued thence S06.42'E 308.07 ft., thence N90.00'W 9.11 ft-, thence S33.001E 61.65 ft., thence N68.35'E 280.15 ft. to line 1-2Short Lime MS tt4610, thence N16.001W 44.62 ft. along line 1-2 to corner No. 1 Short Lime Ms #4610, thence N74.001E 236.35 ft:. along line 1-4 of Short Lime Ms #4610, thence N900001W 74.04 ft., thence N19.12E 117.32 ft., thence N42.301W 329.09 ft., thence NO2.43'W 221.35 ft., thence N16.44'E 139.78 ft., thence S70012'E 120.00 ft., thence N36.45'E 268.63 ft. to the most Northerly corner of property described in Book 196 at Page 376, Pitkin County Records, thence N60046'W 261.04 ft. to the center line of Castle Creek, thenrp P.actarly along the center line of Castle Creek down the --- 'I - --- 4--3 4-*e point of beginning. nrm No. C-14=.6 1 • r /�- "•� - t{I-corded l 3, P August 27 1— o, Im k %I., _ 374 87 8 tter(-ptlml aN", r✓17,178 Loretta Bann-- Ro-vordler. if itG c: i t7 rrHIS I)I:ED, Made thi`I daty I,r August 1,) 79 AUG l �AI� 1' between OPAL MATILDA MAROLT ,I of the County of Pitkin and state of Colorudo, of the first part, and MAROLT ASSOCIATES, a Colorado General Partnership I whoselegaluddr(`seis c/o #300 Equitable Building, 730 Seventeenth Street, Denver, Colorado 80202 of the City andt'ounty of Denver and state of Colorado, of the second part, IVITNESSI:TII, That the said Prtrt y "I'the first part, for and in consideration of the Burn of �I Ten Dollars and other good and valuable consideration IK)ft7kH i to the'said party of the first part in hand paid by the said party of the second part, the receipt whereof is hereby confessed and acknowledged, has remised, relea-red, sold, conveyed acid QUIT CLAINIED, kind by these presents does remise, release, sell, convey and QUITCLAIM unto the said party of the second part, its heirs, successor's and assigns, forever, all the right, title, interest, claim and demand which the said part y of the first part hag in and to the following described lot or parcel of land situate, lying and being in the County I of Pitkin and State of Colorado, to wit: I See Exhibit "A" attached hereto and incorporated herein by this reference ?� 1' I! also known as street rtnd number (I I .I TO HAVE AND TO HOl,D the same, together with rtll Ilnd singular the appurtenances and privileges thereunto belonging or in nnywise thereunto appertaining, and all the estate, right, title, interest and claim whatsoever, of the I said part y of the first part, either in law or equity, to the only proper use, benefit and behoof of the said part of I i the second part, itslreirs and assigns forever. IN WITNESS WHEREOF. The said party of the first part ha S hereunto set herhand and seal the day and year first above written. Signed, Scaled and Delivered in the Presence of OPALS MATILDA MAROLT (SEAL.( JSEALJ �.'`-1 ��-�?-� '�'� _------- ---- -- - -- -- ---- -- --- —(SEAL( �St3ATEGFCOLOR ADO, j p LI Bl1� ss. r>. •. •r�, .County of PlTKl/l/ ?z•f1�,4.ving instrument was acknowledged before me this a 7 day of OPltL MPrll JA mhl?oc`T iMy commission expires 4-8- 19v. Witness my hand and official seal. fl It� I �I �I II Notary Public. I I — 0 No. 9:13. tl t'ITCIA 1%1 IU F:FI$.—('optrgl,t ', ly-ri P—d I--f P.Ad:.h-t ('u IM.i I1� Sl,-t SI to t, 11—ver, t'o to rails 1573 60111 --I 7M 3:47 P August 27, 1979 14 f-Ai,M1 Recorded at_i Reception No— �_ Loretta 13anne --- Recorder. ! +:C THIS DEED, Made this day of August 19 791 �y PAfD between �1ICKI ANN MAROLT AUG �'` of the County of Boulder and state of Colorado, of the first part, and MAROLT ASSOCIATES, a Colorado General Partnership whose legal address is C/o #300 Equitable Building, 730 Seventeenth Street, Denver, Colorado 80202 ofthe Ci ty and County or Denver and state of Colorado, of the second part, WITNESSETH, That the said part y of the first part, for and in consideration of the sum of Ten Dollars and other good and valuable consideration per,-L-ARs, to the said party of the first part in hand paid by the said party of the second part, the receipt whereof 1 Is hereby confessed and acknowledged, haS remised, released, sold, conveyed and QUIT CLAIMED, and by these presents does remise, release, sell, convey and QUITCLAIM unto the said parLV of the second part i tS heirs, successors and assigns, forever, all the right, title, interest, claim and demand which the said party of the first part has in and to the following described lot or parcel of land situate, lying and being in the County of Pi tkin and State of Colorado, to wit: See Exhibit "A" attached hereto and incorporated herein by this reference. also known as street and number TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and privileges thereunto belonging or in anywise thereunto appertaining, and all the estate, right, title, interest and claim whatsoever, of the said part y of the first part, either in law or equity, to the only proper use, benefit and behoof of the said part y of the second part, its heirs and assigns forever. IN WITNESS WHEREOF, The said part y of the first part hjS; hereunto set herhand and seal the day and year first above written. Signed, Sealed and Delivered in the Presence of VICKI ANN MAROLT SEAL) jSEAL) 'SEAL) STATE 0FCOLORADO, !SEAL] ss. County of The foregoing instrument was acknowledged before me this day of 19 , by* My commission expires . ,191 . Witness my hand and official seal. Cps '. I otary Public. No. 933. QUIT CLAIM DEED --Brad ford Publishing Co., 1824.44 Stout Street, Denvrr, Coluradu (679-6011)-0177 �a jl 3:49 P Aticnu-,r 77 1 0"9 3P August 27, 1979 Recorded at_—�� •_-. c�S�ck ____ ht., Reception No.�_��[ `t_�1__ --Loretta Banner J 1'1 PAL:. 0 U ? Recorder. C „r7�,/�ir Tilts DEED, Mndethis dayof August 1979, AU �' tt(�. —D — between PEGGY LOUISE ECKENRODE (a/k/a PEGGY LOUISE ELDRIDGE) of the County of Boulder and state of Colorado, of the first part, and MAROLT ASSOCIATES, a Colorado General Partnership whose legal address is c/o #300 Equitable Building, 730 Seventeenth Street, Denver, Colorado 80202 ofthe City and County of Denver and state of Colorado, of the second part, W ITNESSETII, That the said part y of the first part, for and in consideration of the sum of I Ten Dollars and other good and valuable consideration Dorm- "1 to the said party of the first part in hand paid by the said part y of the second part, the receipt whereof is hereby confessed and acknowledged, ha Sremised, released, sold, conveyed and QUIT CLAIMED, and by these presents do eSremise, release, sell, convey and QUITCLAIM unto the said part y of the second part, its heirs, l successors and assigns, forever, all the right, title, interest, claim and demand which the said party of the first part ha S in and to the following described lot or parcel of land situate, lying and being in the County of Pitkin and State of Colorado, to wit: See Exhibit "A" attached hereto and incorporated herein by this reference. also known as street and number TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and privileges thereunto belonging or in anywise thereunto appertaining, and all the estate, right, title, interest and claim whatsoever, of the said party of the first part, either in law or equity, to the only proper use, benefit and behoof of the said part Y of the second part, i tS heirs and assigns forever. IN WITNESS WHEREOF, The said part Y of the first part ha S hereunto set herhand and seal the day and year first above written. Signed, Sealed and Delivered in the Presence of iSEALI PEGGY LOUISE ECKENRODE a/k/a P GY LOUISE ELD$�ID/9GE �l� LI C,C�'1:G2rCf�-f�EALI —=jSEALI STATE OF COLORADO, es. County of The foregoing instrument was acknowledged before me this day of 19--�,by Peggy Louise Eckenrode, AKA Peggy Louise Eldridge My commission expires �) f �.f 1977 .Witness my hand and official seal O J. i LJ V0 :-7- ' - -..- . - r - - _. -_ - -1 * _.: __ * ___ :- _: ____ 1. No. 933. VVI7 CLAIM DEED.—DradRvd Nbliehint Ca.. 11424.46 Stout Streit, Denver, Cnkorado (573-bUll)-9177 tl 3;49 P August 27, 1979 Recorded at—� _ �_j o'clock-.___—M.,---------_---_ Reception No- fl- I.Oretta Bat _ V • - 1'IV, V V . Recorder. Tms DEED, Made this dayof August .19 79. AU U between KEITH E . MAROLT V� of the County of and state of California Colorado, of the first part, and MAROLT ASSOCIATES, a Colorado General Partnership whose legal add ressis c/o #300 Equitable Building, 730 Seventeenth Street, Denver, Colorado 80202 of the City County of Denver and state of Colorado, of the second part, WITNESSETH, That the said part of the first part, for and in consideration of the sum of Ten Dollars and other good and valuable consideration 1307L-AM, to the said part Y of the first part in hand paid by the said part Y of the second part, the receipt whereof is hereby confessed and acknowledged, his Sremised, released, sold, conveyed and QUIT CLAIMED, and by these I presents does remise, release, sell, convey and QUIT CLAIM unto the said part Y of the second part, its heirs, j successors and assigns, forever, all the right, title, interest, claim and demand which the said party of the first part has in and to the following described lot or parcel of land situate, lying and being in the County of Pitkin and State of Colorado, to wit: 1 See Exhibit "A" attached hereto and incorporated herein by this reference also known as street and number TO HAVE AND TO BOLD the same, together with all and singular the appurtenances and privileges thereunto belonging or in anywise thereunto appertaining, and all the estate, right, title, interest and claim whatsoever, of the said part y of the first part, either in law or equity, to the only proper use, benefit and behoof of the said part Y of the second part, i tS heirs and assigns forever. IN WITNESS WHEREOF, The said part y of the first part ha S hereunto set hi Shand and seal the day and year first above written.��S ALJ Signed, Sealed and Delivered in the Presence of I KEITH E . MAROLT (SEAL] !SEAL) J [SEAL) STATE OF COLORADO, aa. County of A6.LC A'L)J I-- �,�;;UI 0 The foregoing instrument was acknowledged before me this c� /AJ�' day of C r' SGLJ %'. ,•.-.".':. 19 % %, by" Keith MMolt y tommisslon expires h)ay 18, 1983 •�,, My commission expires .19 Witness my hand and official seal. Cv V r,� NN` L LCL. Notary Public. No. 933. QUIT CLAIM DEED. —Bradford Publishing Co., 1824.46 Stout Street, Denver, Colorado (673-6011)—Y/77 MEMORANDUM TO: Aspen Planning and Zoning Commission FROM: Joseph E. Edwards, Chairman Board of County Commissioners DATE: November 15, 1979 RE: Opal Marolt Rezoning Proposal The Board of County Commissioners would like to offer comments to the Aspen Planning and Zoning Commission with respect to the proposed Opal Marolt property rezoning application. Pit - kin County owns land which is adjacent to this property along Castle Creek Road, so this comment should be considered that of an adjacent land owner and a local government entity which is concerned with the Aspen area employee housing problem. In general, the County supports a rezoning which would facil- itate employee housing in this location as it is well -located with respect to transportation, utilities, and other services. The site is also large enough to offer opportunities to cluster the development. We offer the following additional comments related to both the rezoning application and conceptual devel- opment plan: 1. The Elks Club represents a trend toward commercialism which is inappropriate. Reservation of a site for certain pub- lic facilities (transportation or fire protection) or a neighborhood convenience store might be appropriate to maintain certain neighborhood/community public service needs. Any neighborhood store should not be located on the highway but internal to the site and accessible to the water plant housing. 2. R-6 density allows more uni'.� L_ilai, appi_iea ror and i s too dense given the adjacent land's zoning, which is R-15 on the Aspen side and AF-2 on the County side. Therefore, the BOCC believes that R-15 with a PUD overlay and also perhaps an SPA overlay would be most appropriate. 3. The zoning should be contingent on a housing mix on the land which is at least 70% price restricted resident/employee and 30o free market. The number of units should probably be kept to less than 120, perhaps about 80. 4. The busway alignment is probably pointed too far south of the appropriate alignment. See Curt Stewart for details. 5. Examine the possible relocation of the combined MAA/Country Day School facilities at the proposed location for the Elks Club. Talk to John Doremus. 6. Trails needs will increase with this proposed development. The Castle Creek trails corridor both upstream towards the MAA/Country Day School campus and Conundrum Creek and downstream towards the Aspen Institute should be planned. Other paved trails should be planned between the High School Trail and the Aspen valley Hospital/Aspen Filter Plant Housing Project access road and between South Seventh Street and the Castle Creek Bridge underpass per the Aspen/Pitkin County Trails Master Plan (1979). 7. Opportunities for resolving the Maroon/Castle intersection problems should be looked at in the development plan. Also, a new north/south road across the Marolt property should align with Cemetary Lane and incorporate a turn- out lane for highway safety. HOUSING TASK FORCE A Summary Report January 1980 Table of Contents Page Introduction.. . 1 Proposal and Time Frame for the Process ............. 1 Problems.. ....................................... 2 Housing Goal ........................................ 2 DataAnalysis ... ... ....... ....................... 3 Objectives -- Preliminary Discussion ................ 7 Final Objectives and Assumptions .................... 9 TABLES: Table I. Matrix of Rental and Ownership Shortfall andFuture Need .......................... 4 Table II. Renters Analysis (Individual Annual Incomes. Less than and Greater than $5,000)....... 5 APPENDICES: (available from Planning Office) Appendix I. Housing Master Plan Outline mppenuix ii. it/, tmpioyee housing Demand Survey Questionnaire Appendix III. 1979 Employer Housing Demand Survey Questionnaire Appendix IV. 1979 Survey of Single -Family Units HOUSING TASK FORCE A Summary Report January 1980 Introduction In 1978 and 1979, the dimensions of the local problem of housing employees have become dramatic. Community wide, there is agreement that the problem must be addressed. The public and private sectors have recently joined forces.both to fully examine the problem and to propose means for solving it. In January 1979, the Aspen City Council, Pitkin County Board of Commissioners and the Aspen Chamber of Commerce initiated a Housing Master Plan. It was proposed to define the problem, to outline goals, objectives and programs for solution, and to provide for on -going evaluation of the plan. To arrive at specific objectives for the number of units needed, and their mix of size, price and loca- tion, a generally -accepted data base was needed. Therefore, a sur- vey of employees and employers was jointly designed by the City of Aspen, Pitkin County and the Aspen Chamber of Commerce in the Spring, 1979. This survey established demand for housing in terms of how employees currently live (size and location of units, number of people sharing and their relationship, and household income) and in terms of their. preferences (tempered by actual income potential). -U1 wicr. a �urrvev was annP r.n establ i sh supply of uni is ava-i-f abl e for rent or ownership at prices within reach of employees. Upon completion of these surveys and preliminary summary reports by a consultant (Gail Mahoney of Sno-Engineering), a stra- tegy for beginning to develop a Housing Master Plan was discussed. To define the problem and to establish goals and objectives, a Housing Task Force held weekly meetings from October 2, 1979 through January 3, 1980. The group was comprised of the City and County Planning and Zoning Commission members (charged with adopting master plans for their respective jurisdictions), members of a Chamber of Commerce Housing Subcommittee, and several members of the public who regularly attended the meetings. Proposal and Timeframe for the Process At the first Housing Task Force Meeting on October 2nd, the following process for developing a Housing Master Plan was proposed: Step 1: Data Analysis Step 2: Establishment of goals and objectives (Housing Task Force, October 1-Dec. 31) Goals: broad statements of achievement desired. Should be limited in number and directed toward the most im- portant themes of the housing plan. Objectives: measurable, more specific levels of achieve- ment desired. These are a refinement of goals and should be established for a periodic basis (e.g., annual or five year). Step 3: Policies and Programs (Community Workshop,; City/County Staff) Policies and Programs: Policy Statements are mechanisms for accomplishing community housing goals and objectives. These should cover both the public and private sector and provide a means for coordinating with other planning goals and activities. Programs are the next level of detail, setting forth specific strategies or implemen- tation mechanisms.. A recommended way to organize these in the plan text is to present them as follows: a. Problem or issue b. Policy and Program recommended to deal with each problem or issue. Step 4: Evaluation Criteria Evaluation criteria: criteria set forth in advance for evaluating working policies and programs to determine whether housing goals and objectives are being met. This requires an ongoing mechanism for gathering data and comparing results with the measurable and non -measurable objectives. The difficulty is one of finding adequate, reliable, and reasonable data sources, i.e., using the limited resources of a community to best advantage. A timeframe for periodic review should be established con- sistent with the timeframe established for objectives. The following is a review of the Housing Task Force's proceedings and decisions related to Steps 1 and 2 above: Problems n; �+ +ho n.+„kn- 11th meeting centered around an attempt to list housing problems in a manner which would lead to comprehensive, discrete goals. It was suggested and generally agreed that the problems could be restated as follows: 1. Aspen has a supply -constrained market (not enough units). 2. The cost of many existing units is too high for employees. 3. The supply of existing units available to employees is being reduced through conversion of units to tourist use (which is often neither rented long term nor owner -occupied). 4. New development has not provided an adequte supply of new afford- able units. Other problems were suggested in the October 5th Planning Office memo or raised at the meeting (e.g., which employees should be included in housing solutions --seasonal workers, better -paid professionals such as doctors, etc.). These were dismissed as symptoms of problems to be dealt with in attempting to define programs (or solutions). Housing Goal Based on the above problems, discussion began generally to include all facets of perceptions of the housing problem: financial hardship, crowding, inconvenient location, dissatisfaction, displacement, etc. From such discussion, a general goal was agreed upon as a statement of the broad situation. The community goal is: To assure existence of a supply of desirable and affordable housing for all segments of the Upper Roaring Fork Resort Community work force. (2) (1) To conserve the existing housing stock used by employees. (2) To encourage new development of employee housing. Further, provision of such housing shall, to the maximum extent pos- sible, be consistent with other City and County policies, minimizing adverse environmental, land use, transportation, growth, economic and social impacts. The•Roaring Fork Resort Community, intended to be defined as the entire area along the Roaring Fork which provides housing opportunities for. Aspen Metro Area employees, is included as the scope of the housing goal. Data Analysis To move from the very general goal statement to specific objectives, an analysis of data was necessary. Available sources were organized to des- cribe shortfall and future need for both renters and owners. The attached Table I is a compilation of all indicators upon which agreement was reached by Task Force members. Rental shortfall is based on data from the 1979 employee and employ- er surveys, plus supply data (a 1979 survey of single-family units and the 1978 Silverking survey for multi -family units). Indicators of shortfall, or housing needs of the current Aspen Metro work force, are categorized as location, financial and crowding. They range from 200 to 630 people, with overlap between categories. Each factor is expressed in terms of a 20% range around an agreed upon number. Future rental need is a composite of several supply and demand fac- __ _— tcr::. T' _ d�-c;:J rw, �; ;.,,,,ual growth in number of employees. Sev- eral growth indicator projections were examined, including the following:* e --7.2% average compound annual rate of growth of permanent resident population 1970-1978 (projected annual rate of 3% based on linear regression analysis. --5.1% annual growth in employment --7.0% annual growth in retail sales (constant dollars)" --5.1% growth in skier visits (through 1977) --4.0% growth in skier visits (through 1979) --4.0% growth in commercial build -out (projected, based on City and County building permits 1970-1979) --4.7% annual growth in income tax returns (projected) --5.0% (est.) annual growth in residential units Supply factors include loss of existing units used by employees through condominiumization and gain through use of new downvalley units by Aspen Metro employees. The City of Aspen has had 299 existing units converted through condominiumization in the past seven years, averaging 43 units per year.** While not all units are lost to employee use, (some owners and renters purchase and occupy units), few are restricted in terms * All projections are made using linear regression analysis. ** Based on condominiumization study - Planning Office, December 1979 Table I. Matrix of Rental and Ownership Shortfall and Future Need RENTAL OWNERSHIP 3954 employees in Aspen Metro rent; 1776 employees in Aspen Metro own 2890 of these live in Aspen Metro 060 of these live in Aspen Metro 1. LOCATION: 225-275 people want to move to metro area. 2. FINANCIAL: a. 520-630 people of the 270 households earning $7000 per SHORTFALL year pay 40% of their income OR for rent. 440-540 people PRESENT of the 216 households earning NEED $7000 per year pay 40% of their income for rent. b. 550-670 people earn less than $5000 per year, rent and live in the Aspen Metro area 3. CROWDING: 200-250 people earning less than $5000 per year live in bedrooms with 1.2 people. In addition, 340-420 people of all earning levels live in bedrooms with 1.2 people. 1. Estimate 100 households based on applicants for Lone Pine who did not receive units. 2. No overcrowding factor. 3. Paying over 30% of income for home purchase is not a problem. 4. There are downvalley owners who would prefer to live in the Aspen Metro area (including mobile home owners). 5. 593 people earn over $14,000 and could own. (Possible to provide units for $10,000 annual individual income.) TOTAL 5730 3650 1. Increased number of employees ioased on annual projections): 4% x 7,500 jobs = 300 jobs/year 1 1.3 jobs/person INCREASED = 230 new employees/year DEMAND OR 2. Supply: FUTURE A. Loss of employee rental NEED units by condominiumization: 43 units/year. B. Downvalley supply of new moderately -priced units. NOTES: 1. There are 7450 gross jobs in the Aspen Pietro Area 2. There is a 10% unemployment factor. 3. Ranges of numbers are 20% aroung a central point. 4. The "Aspen Metro Area" includes the are from Independence Pass to Brush Creek Road/Highway 82 (not including Snowmass Village which has its own Master Plan). 5. Distribution of Pitkin County Work Force: Renters Owners TOTAL Live in As en Metro Live outside Aspen Metro TOTAL 20U90 1064 3954 760 1016 1776 3650 2080 5730 (4) TABLE II, RENTERS A'IALYSIS Demographic Characteristics .Income less the $5,000/ r N=900 Income $5,000'to 30,000 N=3,040 Marital Status: Single 80% 61% Married 6% 16% Divorced 4% 12% Cohabitation 10% 11% Age: Average (Slightly Greater Than:) 26 yrs. 30 yrs. Under 30 91% 70% Residence Snowmass 2% 4% Location: Down Valley 30% 24% Aspen Metro (County) 38% 29% Aspen 30% 43% Intended Stay: Winter or less 30% 8% Through Summer 8% 5% 1 year 8% 6% 1-3 years 13% 15% Indefinitel 41% 66% enure in Roaring Less than 1 year 56% 28% Fork Valley: 1-5 years 14% '41% 5+ years 8% 13% Average years (approximate) 2.3 yrs. 4 yrs. n• Avg. # Children/"Total Households .1 ..z Avg. # Children/Households W/Child 1.8 1:6 Residence Type: Apt./Condo 42.6% 45% Single Family i.10% 17% Multi -Family (Duplex, Triplex, Fourplex) 10% 15% Mdbile Home 12% 7% Other - 25% 15% Avg. # Bedrooms/Unit 2% 2% Avg. Total Cost/Month (Approximate) $267.00 $372.00 itkin County Avg. Length (Approximate) 2 yrs. 4 yrs. Employment: Less than 1 year 55% 29% 1-5 years 44% 44% 5+ years 1% 27% Avg. # Hours/Week 39 hrs. 43 hrs. 1979 Mos. Employed > 10 mos. 27% 82% Avg. # Winter Jobs 1.5 1.4 Avg. # Summer Jobs 1.2 1.2 -Income: Avg. Individual $3,000.00 $11,000.00 Avg. Household $11,800.00 $21,500.00 Avg. # Employed Adults 2.6 2.2 __.. ...�-...��.. �.. ......w-�.� - «ate^°.. .: .q. .,-.•�. 4 � �e••..�,..nr,4iA� ': �^ S •rZ•^ ;.-�'�•'!T,1 �f^ �a of sales or rental price or of occupancy by local employees. Use of new downvalley units by Aspen Metro employees has not yet been clearly determined. When completed and available, a Market Study for Basalt South and a survey of housing in Garfield County should help answer ques- tions of the expected use of such units. Disagreement presently exists concerning affordability of units and expected use by downvalley employees or second -home owners. A discussion with the Garfield County planner indi- cated the following downvalley supply potential: -- Basalt South; 67 acres; 404 units (approx. 80 single-family, 150 townhouse condominiums, and 170 apartments); 181,000 sq. ft. commercial space; $100,000 minimum price for residential units. -- Lake Springs Ranch on College Road, Spring Valley; Single-family units on one -acre parcels; 195 units, lower cost. -- Los Amigos; single-family, clustered apartments, duplexes; 96 apartments are under construction; about 50% of the total 568 (i.e., 284) units will be about $100,000. -- St. Finnebar; cluster and single-family PUD (small lots); PUD and zoning have been approved; 120 units ranging from $100,000 to $200,000. -- Four -Mile Ranch; new application for about 350 low-cost units; to P & Z in one month. -- Carbondale is annexing land which involves applications for 1,100 units; some lower -cost. Relative to ownership; the group agreed that such opportunities should exist, and that planning efforts should take into account the expectation that ownership by local employees will free rental (and pos- �,•hisome-ownership) units _affordable by other -emp_loyees,-t,Lnn into account in attempting to establish, as an objective, a number of units to be made available include: experience in the County with Lone Pine and Midland Park demand, interest expressed by mobile homeowners and families living downvalley in moving to the Metro area, and renters earning over $10,000 to $13,000 who can potentially own units. Considerable discussion was directed toward varying needs of people in different income categories. For instance, renters in higher income categories (for local employees), as well as downvalley mobile home owners can potentially take advantage of reasonably -priced unit ownership opportun- ities. Another group selected as "unique" was the group earning less than $5000 annual individual income (see Table II) which appears to consist pri- marily of seasonal workers whose housing needs may include dorm or larger shared units (e.g., three or four bedroom). Another factor which might affect future housing need would be an increase to full work force. Twenty-four percent of employers in the 1979 survey indicated that they needed more employees (24% x 1048 = 250 employees). This figure was not used in projections since a conservative growth was decided to be preferred, especially considering that there is a 10s unemployment rate so that more people in the community could work if necessary. Agreement was reached from the data in Table I that rental short- fall ranges from 200 to 670 people, that future rental demand is conserva- (6) tively 4% per year (not including loss of employee -type units through condominiumization), and that present and future ownership needs can be generally guaged in terms of renters who can afford to own and downvalley owners (e.g., families or mobile home owners) who wish to own and are able to afford price -restricted units in the Aspen Metro area. Objectives -- Preliminary Discussion The data analyzed above was then used as a basis for more specific housing objectives, or targets which, when met, will result in meeting the general housing goal. As a starting point, such issues as the following wer discussed at length for maintenance of existing and for production of new housing: - annual targets; - ownership/rental mix; dwelling unit types (including number of bedrooms, mobile homes, etc.) and prices; and - location of units; - proportion of total Metro Area employees to be housed in the Metro Area; - ideal employee/bedroom ratio; - which housing dissatisfaction or expectations to meet. Several possible approaches for arriving at employee housing objec- tives for the Aspen Metro Area were examined and compared before specific members were agreed upon to be presented as the Task Force's recommended objectives. Those approaches and the data bases used are: A. Rental Housing Shortfall and Future Need (by Harry Truscott with data .from 1979 Employee/ -Employer-,,' �,:--:;u, vuy; Shortfall: {1) Household (2) Percent (3) Acceptable (4) No. of (5) No. of (6) No. of (7) Available (8) Units (9) Units Neede Income ($1000) of Employees Rental Rate* Adults in Aspen Metro Bedrooms to House Units*** Units_at Given Needed (Column to Bring 253 Emps. ($) Work Force Adults** Rental Rate 6 - 7) from Downvalley 0_/0 z47o 0-2sD -756 &30 300. 2_87 31 z4 5040 IZ5-0-400 361 /4 30 34�0 400-�z5 1077— B73 425 409 l/10 33 25+ )44 4 )2 MTALS: 1 DO, �o 3/42. Z �o Z 50 1 Zo3 lo% * Assume 30% of annual income is a reasonable amount to pay for rental. ** Assume 1.2 Adults/Bedroom. *** Assc,r,e 2.1 average. ALSO: Assume that to maintain residency of 101 of employees in Aspen Metro Area is desirable. Future: At 4% annual growth x 1203 units = 48 units TOTAL RENTAL REQUIREMENTS: 1st year: 47 + 99 = 140' units Next 5 years: 5 x 48 = 24,0 units TOTAL UNITS - 386 UNITS Units Needed at 35% of Income So �G�SS 85 77 Z-7 mess (7) B. Rental and Ownership, Shortfall and Future Need (Prepared by Mark Danielsen, County Housing Director, based on experience with County housing projects and 1979 survey data). Rental 250-300 SHORTFALL units needed in first year to solve overcrowding, location, financial problems 30-45 FUTURE units needed per year.for next 5 years (Assuming Silverking is not condominumized) 400-525 Subtotal of units for next 6 years Ownership 70-140 SHORTFALL units needed immediately (70 based on Lone Pine prices; 140 represents units for which a $10,000 individual income would qualify) 20 FUTURE new units needed per year for next 5 years (demonstrated demand from Lone Pine: 125-150 qual- ify) 170-240 Subtotal of ownership units for next 6 years 570-765 TOTAL FOR NEXT 6 YEARS (ownership and rental) C. A third approach was taken by Gail Mahoney using numbers which the Task Force had agreed upon. (See Table I). From that data, 486 rental units are neede to meet 1000 of shortfall based on financial need (assuming that most other needs would be met as well). The group agreed that it was fair to discount that number by 50% to account for slack in numbers when assumptions were made at several stages. Therefore, the need is about 250 rental units to accomo- date shortfall. Rental shortfall, therefore, appears to be near 250 units in each of the three analyses. Further, the units might be distributed as follows, based on 1979 survey RENT OWN 45% seasonal 35% 20% 250 units 112 (fewer units 88 50 if greater than 1.2 people per unit) 576 people 259 202 115 Mark Danielsen suggested the following distributions: Rental Mix (based on Silverking and 1975 surveys): 5% dorms 10% studios 15% 1-bedroom 40% 2-bedroom 30% 3-bedroom Ownership Mix 15% studios 25% 1-bedroom 45% 2-bedroom (8) Objectives and Assumptions Extensive discussion.of many aspect& of each of the following points lead to informal agreement that these specific objectives and assump- tions will provide an effective basis for solutions to the Aspen Metro Area employee housing problem, to be set forth in a comprehensive Housing Mas- ter Plan. It is understood, however, that the Master Plan will include the process and criteria for periodic evaluation of both objectives and pro- grams. The Task Force agreed upon the following objectives for meeting the housing need of the Upper Roaring Fork Valley's work force (not in order of priority): 1. Total rental and ownership housing shortfall is estimated at 250 units (average 2.1 bedrooms per unit). Financial need, desire to move from downvalley to the Aspen Metro Area, crow- ding and loss of units through condominiumization are taken into account. 2. The target proportion of rental to ownership units is 70:30 or 175 units: 75 units. A greater proportion of ownership units is desireable. 3. Four percent average annual growth results in a further need for 48 units annually (assuming continuation of past trends in growth and employee generation.) 4. Maintain the existing stock of employee housing in addition to providing an additional 48 units per year to accomodate growth. For instance, reduce the number of condominium con- versions (from the current annual level ---of ' evel_of. 40)--which h, %o tho _ effect of displacing low and moderate imome h'ousL-iiui�3, uiiu,' or encourage conversions which provide restricted housing units. (Develop a method to determine if displacement occurs and then maintain such units as low and moderate priced units). 5. The 250 units would ideally be located in the Aspen Metro Area. 6. As a guideline, the following mix of rental units is recommended for the overall housing stock: Rental (% of units) 10% Dorms or other low-income units 25% Studios and 1-bedroom 50% 2-bedroom 15% 3-bedroom 7. Both short-range and long-range guidelines are recommended for the mix of ownership units. The short-term guideline could accomodate higher -income renters and downvalley owners, while the long-term guideline could encourage more family ownership in the Aspen Metro Area. Short-ranqe (% of units) 15% Studios 25% 1-bedroom 45% 2-bedroom 15% 3-bedroom (9) Long-range (% of units) 25% 1-bedroom and studios 45% 2-bedroom 30% 3-bedroom 8. As a guideline, the following number of rental units will be provided for each of the following income categories: Household % of units in # units Income each category shortfall $0-10,000 29 10 $10-16,000 29 11 $16-25,000 29 13 $25,000 + 13 5 Total: 39 Number of units needed in each cate4ory 29% x 175 = 51 29% x 175 = 51 29% x 175 ='51 13% x 175 = 22 Total: 175 9. While the problem of different needs for seasonal and for more permanent renters is recognized, no attempt is made to differentiate between rental units for the two types of renters. 10. Disperse employee housing within the Aspen Metro Area through variety in sizes and locations of projects and units. 11. Better control development of those uses which generate a need for additional employees (e.g., by reviewing major new developments to assure that total employee generation is con- sidered as illustrated by Aspen Institute or new ski areas.) Also reveiw the cause and effect relationship between historic commercial development (50,000 sq. ft. per year) and employee generation rates to see if better control of the development of those uses generating additional employees is needed. 12. Provide incentives for innovative solutions to provision of housing. 13. Encourage employers to participate in housing employees (e.g., by providing rent supplements). 14. Deed restrict (for rent/purchase price, local employment, residency) all units intended to s-erve employee--nec'-: that they continue -to —provide- for such needs, and ���_eniNluyee incomes to the cost of units. 15. Encourage the private sector to actively participate in pro- duction of needed employee housing with public assistance, facilitation; and incentives where appropriate. 16. Employee housing development shall be compatible with neigh- borhood character, including scale, architectural design, and surrounding land uses. The objectives are based on the following assumptions, made for planning purposes: 1. An average occupancy for rental and ownership bedrooms is 1.2 people. 2. There are an average of 2.3 income -earning adults per house- hold. 3. Between 30% and 40% of a person's income spent on housing (ren- tal or ownership) is acceptable. 4. The 250 unit shortfall number includes the assumption of no more than 20 condominium conversions which cause displacement of employees per year. The 48 unit per year future demand does 110i, dCCOU11L iur ally loss due -t0 disjjiLll,_. ,_. Plan I - 12/79 14z-C.17q) Price Restricted Units, Including Publicly -Sponsored Projects and Growth Management Plan Allocations Ownership Units Completed or Under Construction , Year U N I T S Name Developer Completed TOTAL Studio 1-bed 2-bed Park Circle County -Sponsored 1975 12 12 Midland Park County 1978 37 8 14 Lone Pine Private (1980) 28 7 11 10 Creekside * Snowmass Co. (1'980) 27 Rental Units Completed or Under Construction 3-b 15 Name Developer Year Completed U N I T S TOTAL Studio 1-bed 2-bed 3-bed Community Ctr. County 1978 10 6 ** 3 1 Rocky Mtn. Nat. Gas Private (1980) 4 2 2 Creekside * Snowmass Co. (1980) 45 Hunter Longhouse Private/Co. Lan (1980) 28 14 14 KSNO Private (1980) 5 4 1 Park Central W. Private (GMP), (1980) 3 ,. 3 Water Plant City (1980-81) 80 24 16 32 8 Tom Thumb Private (GMP) (1980) 2-3 Approved Units Year Name IDeveloper Approved Price -Restricted Units )TAL Studio 1-bed 2-bed 3-bed Top of Mil-1- Private(City GhDl' 111711 500 S. Galena/ 925 Durant Private(City GMP) 1978 13 Mtn. Chalet Priv.(Lodge GMP) 1978 8 Aspen Inn Priv.(Lodge GMP) 1978 24 Abacus Ranch Priv.(Co. GMP) 1979 4 lots o Waterman Priv.(Co. GMP) 1979 2 Bell Mtn. Sports Priv.(Comm GMP) 1980 1 1• Smith Bldg. Priv.(Comm GMP) 1980 2 2 Epicure Priv.(Comm GMP) 1980 3 2 1 Pfister _ ---Pi+✓. (Metro GMP) 1979-80 44 Aspen Racq. Club Priv.(Metro GMP) 1980 1 White Star Ranch Priv.(Co. GMP) 1980 6 Pomegranate West Priv. 1979 14 Low income price guidelines Proposed Units double occupancy ��. Name Developer Marolt Private (owner) Smuggler Trailer Private Park Expnsn. Benedict Private 0 *Units will not serve Aspen Metro employees. **Rooms with shared kitchens. 4 Total Possible Units 70-80 18-20 200 i 11/28/79 Mr. Olaf Hedstrom Aspen Planning & Zoning Commission 130 S. Galena Aspen, Colo. 81611 Dear Mr. Hedstrom: My second letter! But mainly to enclose another important letter written to me by our house -sitter and permanent resident of Aspen: Connie Morrell. Connie has been the manager of the Boomerang Lodge for the past five years. "Gus and Annie",referred to in her letter, also live permanently in town and work at th eir respective construction and teaching jobs. As Connie Morrell so honestly confides: "we were not expecting to share your and Jerry's (Fels) viewpoint ........ But. I think her letter should be of great interest to you and your committee because she states - in her own, devoted way - how many of us feel about Aspen. Because we did not receive her letter until today, Nov. 28th, due to Aspen's anxiously -and -gloriously -awaited snowfall, this letter will certainly not arrive in time for the next hearing -- tomorrow, Nov. 29th. Alas! I hope to get in touch with you by phone before the meeting. But I must emphasize that my absence tomorrow will, and does, not indicate dieintPrPgt or a lessening of my strong disdain z' planned for the Marol t property. I hope the ideas expressed in Fps. Morrell's letter will be seriously considered by the committee before any action is taken. 4respec "'u. Weinberg enc.a 1 125 S. 7th St. Aspen, Colo. 81611 and 820 Ridge Rd., Highland Park,Ill.60035 ORRt-. x'art'�.. _, "'k' •'� . -T, -,,. y. - ..'-v, • 'r---" -. - c- .a- * -rts-�"' ... T•�P - . l r to 4 .•.. 3.4,>�+a..r yar. s-.'. ern„*.tr•'sn. ...,.,,.,a �.... .-._ •• fS ^_.-.-�.!... ,.. `• .,. t_�,_•.f ��. - .. .. i Y 0 M E R A N G 0 Dear Sidney, LODGE 21 Wednesday 1979 Gus, Annie & I trecked off to the AP&Z meeting last night to see what is proposed for the Marolt property ----- across the creek from your house. We must confide that we were not expecting to share your and Jerry's viewpoint. Such would have been the case if the city had intentions of building some moderate income units available to yearround residents --- such a beautiful site and so needed. The mass forced exodus downvalley is saddening,for what it is contribut0ing to an increased lost sense of community for those of us calling Aspen home. However, we join you. A slick c,�ty developer has some evil plans (huge 1) disguisIjed under the promise r of 70% moderate income units folocals, 30% free- market. It sounds like a minimum of 125-150 units, recreational facilities, roads everywhere, etc. etc. etc. Devestating use of this fine property ---- th3t lies as green space for all to enjoy approaching the village from the West, just before the high density zoning of in -town. Something small, maybe, but _t -.`.ct t`i_- ,;y i*6 dopears to have in mina. un zne conceptual drawings, Annie saw a supermarket! Somehow, I cannot even begin to see Aspen approving something like this ---- in light of the past 30 years' controls. However, the board is a ratXher dead group (zoning folks) .... so who can say. Very few people were present at the hearing to speak out against it. Mention was made of your and Jerry's letters; they were passed along the desk for the board to review. The next session, to finish the hearing, is scheduled for Thursday, Nov. 29th, at 5:OOpm. Please write or telegram again !!!! ThVis one needs strong opposition from those of you with property interests. On the joyful side ------ lots of feathery snow fell this week. You will definitely find the skiing great come Dec. 17th and your house ready to welcome you back. I feel so lucky to live in this beautiful town 500 W. HOPKINS ASPEN, COLORADO 81611 303/925-3416 July 11, 1979 CONCEPTUAL PLAN/OPAL MAROLT QUANTITY TAKEOFFS Roads: 80' R.O.W./40' paved (2320') 60' R.O.W.130' paved (1280') Parcels: A/Elks 10,000 sq. ft. building 80 parking spaces recreatiion field pool/amenity area B/City Maintenance Yard C/1±arolt House and Garage Picnic grounds to river Field D/Ifarket Housing 40-45 units (14 DU/AC 72 parking spaces pool area E/Employee Housing 27 units (13 DU/AC) 1&2 B.R. 54 parking spaces F/Employee Housing 27 units (18 DU/AC) 1&2 B.R. 48 parking spaces G/Employee Housing 12 units 2&3 B.R. (6DU/AC) 40 parking spaces H/Employee Housing 14 units (20 DU/AC) 2B.R. 28 parking spaces I/Dedicated Open Space Pool area. Contiguous open field River valley edge Links to existing pathways. community development design workshop, inc. 415 s. spring aspen, co 81611 303-925-8354 land planning landscape architecture 71 Y ' � vt I.. }f�a.r K.. •.=�; wic'.r �'�,h ;T;r .�.. . «e..M.v.". L f 6ilk ACRES 4 1.7 4 1 5.5 3.5 2.1 1.8 2.4 1 9.1 e ' r , CONCEPTUAL PLAN/MAROLT (cont'd) J'/Lot Extension Land East of Castle Creek Area used for 80' R.O.W. through city conservation land 2.3 (3) 35.4 acres. ' � /yam-'.'."". =ii �`-^-- � yis�r—�.`•--+.,..,...�...., w. : i MEMORANDUM TO: Aspen Planning and Zoning Commission FROM: Karen Smith, Planning Director RE: Rezoning on Opal Marolt Property and Additional Comments on Celia Marolt Rezoning Application DATE: November 13, 1979 The Planning Office has received an application for annexation and rezoning of the property known as the Opal Marolt property west of the Castle Creek River. The property comprises approximately thirty five acres of land generally between the Highway 82 entrance to town and Castle Creek Road. The nroperty is bounded on the west by conservation zoning and the City limits extended during the Thomas property annexation several years ago. The City's Water Plant site, now zoned SPA, is immediately to the south. A small parcel (36,000 square feet) owned by Celia Marolt is also located on the southern portion of the property. Across the river to the east the land is held in many separate private ownerships and is zoned R-15. The property itself is currently zoned AF-2 as is property to the southwest, AF-1 property surrounds the City's SPA zoning to the south and south- east. To the north of the property across Highway 82 the valley floor is zoned R-30. The application in your packet originally requested SPA zoning to allow maximum flexibility to develop a unique land use configuration designed to provide a mixed employee/free market project. The applicant changed that request to an R-6 zone density and that is the zone that was published for the Public Hearing to be held on Tuesday, November 20. The question for the P & Z is a recommendation to the City Council regarding appropriate zoning for the site which is proposed for annexation. The Council has not entertained or reviewed the annexation proposal as yet until the P & Z makes its recommendation. A related question is the recommendation of zoning for the Celia Marolt parcel. Conceptual Plan In order to facilitate the Commission's understanding of the proposal and the merits of the zoning request, the applicant has prepared a conceptual development plan. It is too large for your packet, but is in our office for your inspection. Your packet does include a summary of the land use and densities included as part of that plan. The primary thrust of the plan is to develop the Marolt property in a primarily residential development comprised substantially of deed restricted employee housing. Free market housing is included in order to generate the revenues to subsidize the employee housing portion. As currently proposed, the application breaks down into approximately 80 deed restricted employee units which are provided in both a townhouse and multi -family configuration on the southernmost half of the property and into a free-market portion which is approx- imately 40 to 45 units of clustered townhouses on the site of the old mine factory on the northernmost portion of the property. The development plan reserves a parcel for the existing single-family house of Opal Marolt. The plan also pro- poses to relocate the Elk's Club to this site on the northernmost nortion closest to Highway 82. A final element of the plan is to reserve a parcel on the Castle Creek Valley floor on the northeast portion of the site for a City maintenance building. A new access road would parallel the western border of the site and run north/south between Highway 82 and Castle Creek Road. The site is generally flat except for steeply sloping portions on the easternmost border which descend to the Castle Creek Valley floor. In some areas the site extends across Castle Creek to the hillside on the eastern portion. Relevant Considerations in Recommending Upon Rezoning In recommending any rezoning the Planning and Zoning Commission must take into account the following relevant factors: 1. Are there conditions which have changed which might warrant the rezoning? 2. Is the zoning proposed consistent both in terms of land uses permitted and densities allowed with surrounding existing land uses as well as zoning patterns? 3. Is the land use and density allowable as a result of the proposed zoning consistent with the natural features of the site, available public facil- ities and services, transportation and access? 4. Is the proposal consistent with the adopted Master Plan? Comments and Input from Referral Agencies With respect to the above mentioned relevant considerations, the Planning Office offers the following comments which are based on referral agency comments, comments of adjacent landowners, and analysis of the issues: "l. The County has commented as an adjacent landowner that it supports a re- zoning which would facilitate employee housing in this location because of its location with respect to transportation, utilities and services, and natural characteristics of the sight which offer opportunities to cluster the development. The County did state that because R-6 zoning would allow more density than had been applied for and recommended that R-15 zoning would be more appropriate given adjacent R-15 zoning on the Aspen side and AF-2 zoning on the County side. The County went on to recommend that the site be designated with a mandatory PUD and/or perhaps an SPA overlay which would facilitate development in accordance with a site plan that could best be geared to relevant site characteristics. The County recommended against the location of the Elk's Club at this site although it did approve of perhaps some minimal neighborhood com- mercial or community facilities orientation. 2. The application was referred to the Open Space Advisory Board which has not as yet made a formal comment pending an inspection of the site on November 20. However, they did reiterate that this site was high on the list of priorities for acquisition for open space as it is located at the entrance to Aspen and adjacent to a valuable piece of open space. +"^ Thomas parcel. 3. The Aspen Land Use Plan of 1973 recommends single-family land use for this site with a fairly large open space greenbelt paralleling Castle Creek. It appears to us from the map that the greenbelt does cover the portion of the property which is proposed for the free-market clusters. 4. The Planning Office has prepared a map which will be partially xeroxed for your packet and which demonstrates the surrounding zoning patterns in both the City and the County. The site is adjacent to R-15 and lesser density zoning categories with the exception of the specially planned areas zoned for the employee water palnt site to the south. 5. Current AF-2 zoning would allow approximately 17 units if there were no slope reduction (i.e., one third or more of the property would have to be covered by slopes in excess of 45%). This density might be further reduced by dedication of roads. If the property were zoned with City's R-6 zone category, and if there were no slope reduction formula applying (this is more likely to apply, however, in the City), single-family develop- ment would yield 254 units at 6,000 square feet apiece. A duplex or multi -family development (if developed through a PUD row houses are permitted) would yield 338 units. Under the City's R-15 zone category on the other hand, a single-family development at 15,000 square feet per unit would yield 101 dwelling units, again, no density reduction for slope factors. A duplex or multi -family development at 10,000 square feet per unit would yield 152 units. Under the R-15-A and whether the same restriction would apply to multi -family type structures, although that certainly was the intent. There is little development to compare with the Marolt property west of Castle Creek. The Water Plant proposes 80 units on over one hundred acres. 6. In the matter of changed conditions, we point out identified employee -2- housing needs. Recent market data indicate that there is a demand for anywhere between 250 to 500 units just to solve an existing employee housing deficit. This does not estimate the need over future years if certain trends in the market continue to reduce the supply available to ---employees even further while generating new employees. This argues for selective upzoning to create density bonuses to motivate the pro- duction of deed restricted employee housing. The housing overlay district as proposed offers a review mechanism for identifying appropriate sites. Among the review criteria is a preference for sites which are open and which offer opportunities to cluster development, buffer with greenbelt, and mitigate impact on surrounding neighborhoods. This site offers those characteristics. 7- It is appropriate to compare alternative sites for employee housing de- velopment. Among the ones that have recently been discussed are: a. The Pfister site. It was recently approved for some 40 units of deed restricted employee housing. It is more distant, but would develop at a lower overall density under the current plan. b. The Benedict proposal for the Rio Grande property. This proposes to locate up to 200 units of employee housing on the Rio Grande site. It is complicated by the necessity for public vote in order to approve an alternative housing use for land purchased with sixth and seventh penny funds (competing uses for that property have always been an issue). Location of the jail facility, performing arts, playing fields, greenbelt park, parking structure, and other transportation functions have all been pro- posed. The advantages include the benefit of a public land sub- sidy (if it is possible) as well as its proximity to the urban core. It would also provide an interesting if not originally contemplated redevelopment of the Rio Grande property and river front area for the community. c. Various areas on Smuggler Mountain. There are a couple of vacant parcels which could accomodate fairly high densities consistent with the neighborhood development. The problem with y"c Mountain area has always been an inadequate circuiaLAun 5ySLelll and confusing traffic pattern. Further development would only complicate that. The advantages of the area include its rela- tively close proximity to town and adequate bus transportation. The area is obviously excellent for solar purposes. d. Benedict Gravel Pit Site. This site has the advantage of being well -hidden from surrounding areas. Like the Smuggler area, no specific proposals have been received on this site and the problems of access and greater distance from town are among those that are likely to crop up. e. "Under the Bridge" housing, which is the 200 to 300 unit proposal, pyramid structure proposed to be located under Castle Creek Bridge. The structure proposes an innovative solution to the employee housing problem in close proximity to town. The site is just to the northeast of the Marolt property. In fact it incorporates land owned by Opal Marolt as well as several other ownerships belonging to the State/City/County and other private individuals. It is also proposed as and energy -conserving structure. However, its major problems include the difficulties of negotiating the land acquisitions and approvals necessary from various levels of govern- ments and private individuals. f. The Water Plant Housing. A serious proposal is being pursued on this property. The City has determined that it must go to a General Obligation Bond Issue, however, before proceeding. The site is at a further distance from the Marolt Property and would be aided by any access going across that property. 8... There is adequate utility service to the site. 9. Bus service in this area has greatly improved since ori9*inai_zoning. -3- Planning Office Recommendation The City of Aspen heretofore has established a fairly well-defined policy against zoning to higher densities based on its land use and growth management plans and zoning implementation developed in response to the rapid growth of the early 1970's. This is true for the County as well. However, in view of the developing policy regarding the need to produce employee housing, areas must be found which are suitable for rezoning for development at higher densities in order to promote housing at an affordable cost. Both the City and the County have considered measures which would permit such housing development. These are the County's PMH zone district and the City's proposed Housing Overlay District which both grant a density bonus in return for deed restricted units within the low, moderate, and middle income ranges. Among the review criteria which the City is considering in its Housing Overlay proposal is that sites be looked to for increased densities which are not primarily developed with uniform neighborhood characteristics. We believe that the Marolt property fits in this category. The site appears to be among the best for employee housing development. In view of other proposed review criteria: it is yet close to town, served by utilities and bus transportation, and offers an opportunity to cluster. We agree that the Smuggler "fountain area is probably the best area for employee housing. However, it has a disadvantage of being the primary repository of employee housing proposals. The Marolt prop- erty has the advantage of dispersing employee housing to a different area of the community. We acknowledge that the open space characteristics of this site have long had a high priority. We would argue, however, that there is an appropriate density on this parcel that would allow for preservation of the open space amenities of that land. One hundred and fifty units is too dense for the property. It would generate approximately 1,050 more automobile trips over Castle Creek per day. An evaluation of the development plan indicates that 120 units, even when clustered; has•not acheived maximum benefits of greenbelt and clustering and might more likely do so with a lower number of units. This would be more consistent with the pattern of development across Castle Creek. The density reduction formula is very likely to reduce the maximum allowable density under the R-15-A category. We recommend somewhere in the order of 70 to 100 units be developed on the property, and will work wit►i Liie dUUliCdnr ro rPTin. p rha max—lopment plan. We are highly favorable toward the generalized location of free market and employee units. The Planning Office does recommend the R-15-A zone district as the appropriate zone given surrounding zoning patterns. The greater density is legitimate given the changed conditions noted. R-15-A is consistent with previous annexation policy. A further recommendation is that any SPA overlay be attached to the parcel that would facilitate the mixed uses and clustered densities contemplated by the development plan. Mandatory PUD is also warranted by the size and topographic nature of portions of the site. While the R-15-A/PUD/SPA is a complicated zoning scheme, it is necessary in view of the uncertain future of the housing overlay zone. Should that district pass in the near future, this project would most suitably be developed under an R-15-A/ Housing Overlay. This scheme would offer the review process and exemption from GMP Quota competition. Selective SPA zoning, might still be necessary to accomodate any community facilities. We, too, recommend against any commercial orientation near the highway. The Elks facility seems to lead to that and is unlikely either to facilitate economically or complement the employee housing use. Other community facilities may be appropriate near the highway; or some small neighborhood commercial located in the interior of the site would serve the needs of this and the Water Plant development. -',SPA zoning would facilitate development of such uses while the review process is the same as that for implementation of the housing overlay. The P & Z should also recommend that annexation be contingent on a development plan that is at least 70% deed restricted employee units. Given this recommendation, the previous proposal to zone the Celia Marolt property R-15-A is consistent with the zoning proposed here. -4- Comments Regarding Development Plan We will comment verbally at the meeting as these comments will be useful for back- ground information and in anticipation of the development proposal. However, they are not clearly relevant to the rezoning question. -5- MEMORANDUM TO: Aspen Planning and Zoning Commission FROM: Karen Smith, Planning Director RE: Opal Marolt Annexation and Rezoning DATE: December 3, 1979 At your special meeting on November 29th, the P & Z heard additional testimony regarding the Marolt proposal. You asked for follow-up in several areas: pros and cons of alternative housing sites, density calculations and CSII maps, and any revised Planning Office comments. Additional information is presented here- in. Alternative Employee Housing Sites The following are offered as a means of allowing the P & Z to evaluate alternative sites. No attempt is made to weight each factor or assign any numerical values. The job of the P & Z and Council is to balance these in your own minds based on your understanding of community policy and goals. You may also wish to add costs and benefits to the list. Also, some other sites may become available in the future but are unknown to us now. 1. Pfister Site - Approval has been given for a 67 unit project with roughly 40 employee and 27 free market units. Advantages a. has approval b. lower density (AF-2) c. many amenities proposed d. sited to avoid hazards and resources Lr ... wu Y 411 1. CiyGJ a. more distant from employment center: farther commute, no bus service, but partially mitigated by van system proposed b, uncertain whether owner will pursue it c. opens up new area for development 2. Rio Grande - Benedict's proposal for approximately 200 employee units. Advantages a, no free market units - land subsidy possible b. proximity to town c. development opportunity to improve river frontage, given City financial situation, riper restoration has to date been postponed d. offers extremely good amenities to employees in riverfront location e. high number of units to solve employee housing f. few environmental constraints Disadvantages a. competing uses - since land was purchased with restricted (open space and transportation) funds, election must be held to authorize realloca- tion b. precludes riverfront park and restoration as originally conceived - loss of open space to contain urban area on north c. uncertainty over who will develop d. high concentration of employees - possibly not socially desirable - no mix 3. Smuggler Mountain Area - several vacant parcels exist though no formal appli- cations have been made. r Advantages a. excellent exposure b. fairly close to town - served by bus c. flat topography - little, if any, environmental constraints d. existing high density residential pattern Disadvantages a. bus system costs - will have to be expanded b. circulation system - inadequate - new and improved roads will be re- quired c. serves to further concentrate all employees in one location - does not disperse d. no specific proposals exist now e. in some areas, utility extensions will be costly 4. Benedict Gravel Pit - currently being revegetated Advantages a. well -hidden b. disperses some housing to east end of town c. site is already disturbed Disadvantages a. more distant from town - Mountain Valley bus may or may not serve it adequately b. environmental constraints exist - wildlife habitat nearby, site might have to be drained c. no specific proposal d. impact on Ute Avenue e. utility extensions 5. "imriar than Pririna" _ Ilnn Rai 1 conception for under Castle Creek Bridge Advantages a. innovative architecture - hidden from public view, but maximizes solar b. proximity to town - fairly good - served directly by two bus routes c. disperses employee housing to west side of town Disadvantages a. single family neighborhood to north is adamantly opposed b. involves several ownerships c. requires cooperation of State Highway Department d. high concentration of employees e. sponsorship uncertain at present as well as feasibility 6. Water Plant Advantages a. land subsidy possible b. disperses employee housing to West of town c. proposal and approval process fairly far along d. partial clustering possible e. close to hospital as employment center Disadvantages a. farther from town b. topography results in additional development cost c. proximate to rural area and single family subdivision d. potential impacts on wildlife habitat e. visibility f. depends on GO Bond -2- 7. Koch Lumber - Cantrup's proposal to construct 150 rooms on former Shaw property - would house seasonal and MAA students, thus serves a different purpose from other proposals. Advantages a. close to core b. security for MAA - new opportunity for transient workers c. concentrated employee housing in high density tourist zone Disadvantages a. topography may present some constraints b. mixed uses and and densities surrounding - may result in objections based on inconsistent character c. difficult to accomodate parking and development (assumption that em- ployees will bring cars whether they need them or not) 8. TDR Sites - Existing Lodges in R-6, RMF, 0, etc. Advantages a. existing structures can be converted quickly and cost effectively b. disperses employees within town c. proximate to bus transportation and commercial core Disadvantaqes a. impacts of increased densities in Lodge districts not clear b. lodge owners say it further motivates lodge conversion and loss of short term c. injurious to dispersed lodge/small lodge/mixed use benefits d. neighborhood objections to conversion to residential use with possible increased parking and other impacts 9. hiarnit Nrnnorty Advantages a. fairly proximate to town - served directly by Highlands bus, less directly by Snowbunny b. disperses employee housing to west side of town c. is an immediate proposal d. site offers opportunities to cluster and through planned development, maximize open space and riverfront protection objectives, minimize impact on surrounding areas e. not too high a concentration of employees/mixed free market to balance f. R-15 density consistent with east of Castle Creek and Cemetary Lane g. good utilities h. road across property may help solve Maroon/Castle intersection problem i. primarily consistent with 1973 Aspen Land Use Plan Disadvantaqes a. development and city limits will jump a natural feature which has served to contain and shape the urban form b. high priority on Open Space Advisory Board and PCPA acquisition list. (see list of open space advantages in OSAB resolution dated November 29, 1979). c. some environmental constraints - steep slopes and riparian ecosystem along river. free market units may intrude on this (Villas prohibited from entering area) some units will be located in "pro- ductive lands" (see CSU maps), however, it is the lowest agricultural suitability rating.designated moderate and high visual vulnerability areas d. free market units are involved - potential damage to GMP e. neighborhood objections f. road across property will be visible g. uncertainty of development feasibility given high land costs, no devel- oper involvement to date -3- h. need to preserve alternatives for alignment and/or relocation i. may result in additional bus costs j. free market portion conflicts with k. if no development occurs, we have and with no public benefit highway/Main Street/pursuing re- '75 Master Plan increased value of land unnecessarily In general, there are several issues which do not relate to specific proposals but which should be considered in reviewing alternative sites: 1. feasibility of project and timing 2. almost no site is without drawbacks, therefore there is a need to find the sites where impacts can best be addressed and where advantages out- weigh disadvantages - The proposed housing overlay suggests that large and/fairly open parcels may offer these opportunities 3. The community must weigh the alternatives of large projects (such as Silverking) or smaller, more dispersed projects as well as concentration in one area through a series of projects versus integration in diverse segments of the city. The Planning Office recommends that integration of different neighborhoods with smaller, more dispersed projects is more consistent with the unique scale and and character of development in Aspen historically. Density Calculations Although we have not required or received detailed slope calculations as required through PUD, we have been able to further refine gross density calculations. 35 Acres @ R-15-A 5 Acres/Opal's lot (duplex or rowhouse) Density reduction for steep slopes !?c_ G^ kestimate) Density reduction for roads (5-10 units)(estimate) Planninq Office Comments and Recommendation 152 units 130 units 0-9-105 units 70-100 units The crux of the issue over approval of the Marolt proposal seems to be the importance of the site in terms of open space and urban containment objectives along with the existence of certain natural constraints versus the benefit of a planned development which achieves a substantial proportion in employee housing and which can be designed to accomodate the unique features of the site. In this regard, the Planning Office has concluded that there will never be found the "best" site for employee housing which is free from all constraints and problems. In accor- dance with the recommended guidelines within the housing overlay proposal, and in view of the documented need for employee housing, we should be searching for those sites which offer opportunities to design the development to fit a site's unique features and, by clustering, create open space buffers thereby minimizing impact on surrounding areas. The Planning Office recommends medium-sized projects dispersed throughout the City. We think this site offers opportunities to strike a balance among diverse community goals and that, with conditions, this site and proposal can achieve a sound balance. In the absence of a housing overlay zone that allows review of a development plan in conjunction with a rezoning application, we strongly recommend that both the annexation and rezoning be carefully conditioned on several elements that will assure that the objectives of the proposal are met. Our recommendation is for: R-15-A/PUD/SPA zoning as consistent with surrounding zoning and master plan if developed to fit the natural features of the site through PUD. SPA is neces- sary to accomodate mixed uses and multi -family structures. The annexation and rezoning should be contingent, however, on the following to maximize city goals and reduce impacts on surrounding areas: 1. 70% of units devoted to employee housing consistent with housing overlay -4- and with applicant's stated 96, 2. to allow easier clustering, maximize open space corridors, reduce in- trusion into environmentally sensitive areas, and reduce the free mar- ket impact, a maximum of 100 units is recommended (70 employee; 30 free) It appears that this will be the appropriate density anyway given density calculations under R-15-A 3. in the event the housing overlay is passed, application should be made under that procedure for rezoning and development plan approval as a streamlined procedure intended to achieve community objectives, 4. the development plan shall assure that in my phased development, a pro- portionate share of employee units is built along with free market, the intent being that the most employee units be built as early as possible, in no event to be less than 70% of the development phasing. Phasing should not extend longer than a five year period. 5. Elks facility is not recommended both because it is in a corridor that should be maintained free of development and is potentially a high activity commercial use inconsistent with the residential pattern and which contributes nothing to the development 6. adequate area for road and highway realignment (Main Street extended and Midland right of way) be reserved in the development plan 7. in view of the lack of assurance of the development feasibility, the annexation and rezoning should be contingent on application for build- ing permits under a plan following elements outlined above within some reasonable period of time (2 years?) from development plan approval or the annexation and rezoning would revert. This is to prevent the development approval from being used for purely speculative purpose with- out achieving any of the community benefits for which the rezoning and annexation actions were intended. -5- } 1� fit. f • -12.. 3.- Robert J. Joyce James M. Mulligan Allen G. Reeves Don R. Teasley October 15, 1979 Mulligan, Reeves, Teasley & Joyce, P. C. Attorneys and Counselors at Law Suite 300, Equitable Building 730 Seventeenth Street Denver, Colorado 80202 Mr. Ron Stock City Attorney City of Aspen Aspen, Colorado 81611 Dear Ron: Enclosed for your information and file, are five deeds dated August 27, 1979 which reflect the transfer of the Marolt family property from the Marolts individually to a partnership known as Marolt Associates. I_have a7_sn included for your information, --�--•• �` Lam_ _ affidavit of that partnership, as itisrecorded in Pitkin County. As we discussed, I have also enclosed a Request for Zoning for said property which was not attached to the Annexation Petition as a result of some miscommunication between the Aspen Planning Office and our office. As you will note, in accordance with our discussion, Cary Clark, the managing agent of the partnership has signed the Request for Zoning. I have also included, to insure no technical problems at a later date, a Petition for Annexation signed by Mr. Clark on behalf of the partnership which concurs in full with the Petition entered by the Marolt family as individuals on July 17, 1979. Telephone (303) 572-0600 Cable MULLREEVES '4`'�."''ry� r'�!+''7! ww—s is t•>• •....,.. — _ �+w.nP--.e•� — ,'1wn�7r Y • � Mrs. - .�.r•.r.�C�..:2 - a .., . "'- _ .. i ..,.. ,► - Wier i ,c.s"" .ti'bR. ••r'y!'�r"i�ICS" -{* w" _ �. -- _., cs,d._._ � __...Y... . __........ ..,,.►. ....__..,.:5�....._._s - .ter .::.. �. _.._ Mr. Ron Stock October 15, 1979 Page Two If you have any difficulties with any of these materials, please do not hesitate to get in touch with me, otherwise, I expect that I will see you on or about November 6th. Thank you for your cooperation in this matter. ince 1 y , , N TEASLEY & JOYCE, P.C. i\ gb]:Nert J . oy e RJJ : fn Enc. TO: Aspen Planning and Zoning Commission FROM: Open Space Advisory Board RE: Opal Marolt Property --Zoning Recommendation DATE: November 29, 1979 The Open Space Advisory Board has reviewed the Opal Marolt annexation and zoning application and the conceptual development plan, in the light of the preliminary draft of the Open Space Master Plan. This property is included in the OSAB list of desireable open areas for preservation. The OSAB believes that the Marolt property satisfies the Master Plan criteria for open space preservation as follows: A. Natural area and rural character of landscape (river bottom, river edge, irrigated meadow and farm land); B. Areas which have (a) unusual variety in near and far views (views of Shadow Mountain, town, Smuggler Mountain, Red Mountain, Roaring Fork Valley, Buttermilk, Maroon Creek Valley, Highlands, Castle Creek Valley); (b) native or unique flora (riparian flora on Castle Creek, Oak Brush slopes, stands of cottonwood trees); and (c) frontages on river(includes or borders Castle Creek along its entire eastern boundary); C. Agricultural land (irrigated meadow and farm land); D. Lands which may be utilized for shaping urban, neighborhood, and rural areas such that building and population are concentrated in urban modes p (the property lies between the existing urban border and the Thomas property open space purchase and includes the geographic boundaries of the Castle Creek ravine and flat irrigated lands adjacent to steeply rising valley slopes); E. Undeveloped land along transportation corridors (the property lies between major roads located on the north and south, namely State Highway No. 82 and the Castle Creek road, and lies directly in the path of a proposed transit corridor, and would be separated from the adjacent Thomas property by a proposed new road linking the Cemetery Lane - Highway 82 intersection with the Castle Creek Road at the entrance to the Aspen Valley Hospital) F. Areas accessible to population centers, especially those areas where non -motorized modes of travel (walking, bicycling, equestrian) a public transit provide access (the property lies adjacent to and _ is surrounded on three sides by the incorporated limits of the City of Aspen and the property itself marks the westerly boundary of and the end of the urban area); G. Areas for passive or active recreational use, with more intense activity encouraged in close proximity to population centers (flat, irrigated land within walking distance of town lends itself to development as playing fields and the steep slopes and deed ravine of Castle Creek lends itself to passive recreational pursuits such as fishing and picnicing); H. Areas of historic and cultural interest (property is the site of the Aspen Union Smelting Company, is bisected by the Old Midland Railroad right of way, includes the westerly end of the now demolished Midland Railroad trestle, is occupied by farm buildings bearing witness to the farm uses of the surrounding land and being in themselves historic examples of good work -a -day authentic rural wooden architecture never to be replaced, and is historically the place where the farmed valley began at the edge of the original Aspen townsite); The City of Aspen and Pitkin County have purchased lands lying easterly and westerly of the urbanized area of Aspen for the express purpose of protectiing open spact at the entrances to Aspen and for the express purpose of confining and concentrating development within an area closely identified with Aspen's urban core. The Open Space Advisory Board therefore recommends to the City of Aspen that: a. The city seek to purchase all or part of the Opal Marolt property for open space purposes; b. The property be zoned with a PUD overlay reflecting the criteria for open space as stated herein and in the Open Space Master Plan; 9 C. The City seek to secure the open space areas permanently by dedications, conservation easements or by other appropriate means. MEMORANDUM TO: Karen Smith, Planning Office FROM: Louis Buettner, Engineering Department RE: Opal Marolt Property DATE: November 29, 1979 Dan told me to write a few comments on the conceptual plan. First, I would like to point out that I put the approximate Main Street corridor on the drawing. This corridor is for the realignment of Highway 82. I have shown just a 100' corridor, the Highway may require more. I also put the approximate location of the old Midland right-of-way, this is the approximate route of the bus. The last thing I would like to commit on is the roadway along the westerly property line. Scaling from the conceptual plan the development would have the City providing the majority of the right-of- way. In no way should the City (public) lands be used to enlarge this or any development. The Engineering Department will want this road making an inter- section with Cemetery Lane. The City property between the road and the develop- ment should be open space. The conceptual plan shows this property being uses for the Elks parking. What will the developer give the City for all this open space they will be acquiring? . r -„.y .„ T.,,,.. ,...,.,*,..;.. ••.►S+'•., • 5 ^•4,n., t . �. �� 4- Mulligan, Reeves,' 1 caslcy cC joycc, P. C. Robert J. Joyce Jarncs M.1Vlulligin Allen G. Reeves Don R. "Teasley October 11, 1979 Merman Edel Mayor, City of As 'p-en 130 S. Galena S reet Aspen, Color 81611 Aspen C' y Council 130 S. Galena Street Asp Colorado 81611 Attorneys and Umris, lors at Law Suite 300. i?quitable Building 730 Seventeenth Street Denver, Colorado 80202 Dear Mayor Edel and Members of Council: As you know, our firm represents the Marolt family with respect to the annexation and development of their family property which abuts the City of Aspen. During the last several months, we have ::Wade a point of consulting and generally attempting to keep in touch with the various Aspen City staff members whose responsibilities relate to that project. During one of t'aose conversations, Jim Reents, Aspen Housing Director, shard with me his pro- posal to the City Council regarding housing programs in 1980 and employee housing proposals from the private sector. Since in one of Jim's memorandums to you the-Marolt project was prominently mentioned, it seemed appropriate that we should give you our input with respect to Jim's suggestions. i Tcicplionc (303) 572.0600 Cable MULLREE.VES As a general proposition, we find Mr. Runts' comments to be well reasoned and accurately reflective of the problems and opportunities facing Aspen with respect to housing. We believe that, as Mr.'Reents indicates, the growth management plan, as it currently operates, significantly restricts the development of employee housing, as well as free market housing in the Aspen area. Without some modification to that plan or its method of application, we see little hope for the deve- lopment.of significant numbers of employee housing units in" Aspen. 4) Herman Edel, Mayor and Aspen City Council October 10, 1979 Page Two Conversely, if the City permits the construction of mixed free unit/employee housing developments, we believe you can expect the fairly rapid creation of significant numbers of employee housing units. We also believe that the quality of those units, on the whole, would be superior to units in totally restricted projects. This is true because design and marketing considerations in a mixed project require the employee housing units to be of a quality and configuration similar to the free market units. This point has been evidenced to us repeatedly in our preli- minary discussions with the various land planners and architects involved in the development of the Marolt property. These professionals are unanimous in the opinion that substantially similar quality and design characteristics must be used for all structures within the development in order to make the entire project work. We also agree with the suggestion that the appropriate per- centage figure for free market units be in the vicinity of 30-35% of total project build out.. If there is concern that on very large projects this perr—tar.P w-11 a hP PY r`GCCI 17a, you have the alternative of create.., �..y�.: r��. �..�uy� i,igher densities. For example, 35% to 150 units, 30% from 150 to 200, and 20% abcve 200 units. We again applaud the effort of your staff, including Mr. Reentz, Ms. Smith, and Mr. Stock, to treat the subject of housing in a reasonable and productive manner. If we can be of any assistance to you in your deliberations of these matters, please feel free to call upon us. Thank you for your consideration of these comments. ncerely, MULLIG N, REEV,S, TE[ASLEY & JOYCE, P.C. -bb t J. Joy,e RJJ :Yn bcc: Karen Smith, P1 nning Director Ron Stock - City Attorney Jim Reents - Housing Director Opal Marolt 0 VERBAL PRESENTATION DURING PUBLIC HEARING ON ORDINANCE # 79, SERIES OF 1.979, MAROLT ANNEXATION & REZONING, BEFORE THE ASPEN CITY COUNCIL ON MONDAY, JANUARY 28, 1980, 07.00 P.M. BY HANS GRAMIGER FOR THOSE PERSONS IN THIS ROOM WHO DON IT KNOW WHAT MY CONCERN IS IN THIS MATTER MAY I JUST BRIEFLY STATE THAT I AM INTERESTED IN UPGRADING OUR TRANSPORTATION & MASS TRANSIT SYSTEM. WE NOW HAVE:. BEHIND US A PERIOD OF MORE THAN 14 YEARS OF TALKS & STUDIES. WE DO HAVE A GOOD START ON A BUS SYSTEM BUT WE HAVE DONE NOTHING TO ACCOMODATE IT OR TO CORRECT SOME OF THE WORST TRAFFIC BOTTLENECKS OF OUR ANTIQUATED ROAD NETWORK. Demonstration of Study -Reports: (1) Aspen Area General Plan -Feb.-1966 (Leo Daly Co); .(2) Colo.State Dept.of Highways Study of 1969; (3) Regional Transportation Plan - July 1973 ( Voorhees & Assoc.); (4) Colo.Si.:ate Highway 82 Design Concept Study - June 1975 (Halprin); (5) Citizens Bus Alternative Study Report- August-1975; (6) Aspen-Pitkin County Transit/TSM Alternatives Study - Sept.1978; (7) Aspen/Pitkin County Transit Development Program - Nov.79 PDQ&D,Ir-1 and a separate stack of study reports in connection with the Pitkin County Light Rail Transit System. WHEN A LANDOWNER (NEWCOMER OR OLDTIMER, ALIKE) PETITIONS FOR FAVORABLE RE -ZONING AND/OR ANNEXATION, THE GOVERNMENT NOT ONLY HAS A MORAL, ETHICAL AND LEGAL RIGHT TO NEGOTIATE FOR AND IMPOSE CONDITIONS IT CONSIDERS NECESSARY FOR THE GREATER GOOD OF THE COMMUNITY, BUT THE ELECTED OFFICIALS ACTUALLY HAVE A CLEAR DUTY AND AT THEIR SOLE RESPONSIBILITY TO WATCH OUT FOR THE LONG-RANGE INTERESTS OF ITS CITIZENS AND THEIR ECONOMIC BASE. THE MAROLT TRACT WILL SOONER OR LATER BE DEVELOPED WHETHER IT STAYS IN THE JURISDICTION OF THE COUNTY OR WHETHER IT IS ANNEXED TO THE CITY OF ASPEN. - THE NEW HOSPITAL, THE PROPOSED WATER -PLANT EMPLOYEE HOUSING PROJECT, ITS RELATIVE LOCATION TO THE EXISTING TRANSPORTATION CORRIDOR AND TO THE ONLY FEASIBLE ALTERNATE ALIGNMENT FOR A BEAUTIFIED, MODERN WESTERN APPROACH TO THE CITY, ARE SUFFICIENT REASONS WHY THIS PROPERTY NO LONGER CAN JUST REMAIN A SLEEPING OLD RIVERBANK MEADOWLAND. -1- THE CITY OF ASPEN SHOULD IMMEDIATELY RECOGNIZE THAT THE MAROLT ANNEXATION AND REZONING PETITION PROCESS GIVES US THE UNIQUE OPPORTUNITY TO ACQUIRE A PIECE OF LAND WHICH IS IN DIRECT LINE WITH WEST -MAIN STREET WHICH IS NECESSARY IF WE ARE TO IMPROVE. AND STREAMLINE THE WESTERN APPROACH INTO ASPEN WITH A NEW PARK- WAY AND A NEW BRIDGE (FOR A BUSWAY AND HIGHWAY) IN CONNECTION WITH A WELL ENGINEERED INTERCHANGE FOR MAROON AND CASTLE CREEK ROADS, JUST WEST OF THE PRINCE -OF -PEACE CHAPEL, TO THOSE OF YOU WHO ARE CONCERNED WHETHER SUCH A REQUEST FOR LAND IS FAIR TO THE DEVELOPER, ONE CAN ONLY SAY THAT ANY DEVELOPER WOULD RATHER DEED ONE SPECIFIC PIECE OF LAND INSTEAD OF HAVING TO RESERVE TWO SEPARATE EASEMENTS. OUR 14-YEAR PERIOD OF INACTION SHOULD BE CONSIDERED A DEGRADATION OF OUR PERMANENT RESIDENTS AND EMPLOYEES AND`AN INSULT TO OUR VISITING TOURISTS, ESPECIALLY AS'lT RELATES TO THE FOLLOWING LOCATIONS; (1) %TH & MAIN STREET CURVE; (2) %TH & HALLAM STREET CURVE; (FOREST SERVICE CORNER) (3)• EXISTING CASTLE -CREEK BRIDGE; (4) CEMETARY LANE INTERSECTION WITH 82; (5) CASTLE/MAROON CREEK ROADS INTERSECTION WITH 82; (6) BUTTERMILK AREA/OWL CREEK ROAD INTERSECTION WITH 82 INCL,POMEGRANATE INN, THIEHACK, HOLIDAY INN, WEST BUTTER- MILK ROAD AND ACCESS TO SARDY FIELD; (7) AIRPORT BUSINESS CENTER & SARDY FIELD ACCESS TO 82; (S) SHALE BLUFFS; (9) BRUSH -CREEK ROAD TO SNOWMASS VILLAGE INTERSECTION WITH 802; (10) WOODY -CREEK ROAD TURNOFF ON 82;, IF WE COULD SOLVE EACH OF THE 10 TROUBLE SPOTS ONE BY ONE (OR IDEALLY ALL. SIMULTANEOUSLY) WE WOULD HAVE ACHIEVED ONE HELL OF AN IMPROVEMENT OF WHAT WE NOW HAVE, ONE-HALF OF THE JUST IDENTIFIED TROUBLE SPOTS CAN BE CORRECTED IN ONE SINGLE PROJECT PHASE, A NEW MULTI-L.ANE BRIDGE OVER CASTLE CREEK IN DIRECT ALIGNMENT WITH WEST -MAIN STREET AND CONNECTED WITH A MODERN, LA14DSCAPED PARKWAY TO THE PRINCE -OF -PEACE CHAPEL INTERCHANGE ELIMINATES FIVE TROUBLE SPOTS, - 2 - WE ARE NOT MAKING A DECISION OF WHETHER HIGHWAY 32 SHOULD BE FOUR-LANED OR NOT. EVERYBODY HERE SHOULD BE CLEAR ABOUT THAT, LAST WEEK I HANDED OUT A MEMORANDUM DEALING WITH MY SUGGESTION, TO -DAY I AM ASKING YOU TO ADD AN IMPORTANT POST -SCRIPT TO IT. IT IS AN ITEM OF EXCELLENT NEWS AND IT SHOULD HAVE A LOT OF MEANING TO THOSE OF YOU WHO HAVE HAD A PERSONAL RESERVATION ABOUT MY PROPOSAL BECAUSE A MULTI-LFNE PARKWAY FOR THIS PROJECT - PHASE NUMBER ONE COULD EASILY BE MISINTERPRETED AS MEANING TO FOUR -LANE 82 TO BASALT, - THE GOOD NEWS IS THAT WE DO NOT HAVE TO COMMIT TO A FOUR-LANING OF 82, NOW NOR AT ANY SUBSEQUENT POINT IN TIME. IN OTHER WORDS WE CAN ENDORSE EACH PROJECT -PHASE ON ITS OWN MERITS, WHAT A FANTASTIC OPPORTUNITY: WE CAN CORRECT ANY OF THE IDENTIFIED 10 TROUBLE SPOTS WITH STATE AND FEDERAL HIGHWAY FUNDING. IN THE CASE OF THE NEW CASTLE CREEK BRIDGE WE CAN IMPROVE A 5-POINT PROBLEM AREA MORE BENEFICIAL TO OUR LOCAL TRANSPORTATION PROBLEMS WITH STATE AND FEDERAL FINANCING. LET I S MAKE A FEW ASSUMPTIONS: (A) THAT EVERYBODY AGREES THAT: THE RIGHT-ANGLE CURVE AT NTH & MAIN IS NOT IDEAL THE RIGHT-ANGLE CURVE AT %TH & HALLAM IS DANGEROUS & CONFUSING TWO BRIDGES ARE BETTER THAN ONE THE CEMETARY LANE INTERSECTION WITH 82 IS FRUSTRATING THE CASTLE/MAROON CREEK ROADS INTERSECTION WITH 82 IS DANGEROUS A BUSWAY ON A MAIN -STREET PARKWAY ALIGNMENT GIVES BETTER DISTRIBUTION AND CAN SERVE A RIO GRANDE BUS TERMINIAL IN A MORE EFFICIENT MANNER FOR LOCALS AND TOURISTS ALIKE DEMONSTRATION of Aspen Times articles etc. re proposed Castle Creek and Maroon Creek road intersections with 82 (B) THAT EVERYBODY IS CONVINCED THAT A NEW CASTLE -CREEK BRIDGE IN DIRECT LINE WITH WEST -MAIN -STREET WOULD SOLVE ALL OF THE SIX CONCERNS AS JUST MENTIONED. (C) THAT THERE IS GENERAL AGREEMENT THAT NOT ONLY THE GENERAL TRAFFIC ON 82 WOULD BE GREATLY IMPROVED BUT THAT THE DIRECT SEPARATE BUSLANES WOULD STREAMLINE THE MASS TRANSIT SYSTEM, AND THAT LOCAL USERS AND TOURISTS OF MAIN STREET, HALLAM STREET, CEMETARY LANE, MAROON CREEK ROAD, CASTLE CREEK ROAD (WATER - PLANT EMPLOYEES, HOSPITAL EMPLOYEES, EMERGENCY VEHICLES, ` WATER -PLANT 11 - EMPLOYEE HOUSING RES I DENTS, ItMAROLT11 HOUS' I NG RESIDENTS, MEADOWWOOD SUBDIVISION RESIDENTS, VISITORS TO ASPEN HIGHLANDS SKI AREA AND IN SUMMER TO MAROON LAKE, HIGH SCHOOL AND MIDDLE SCHOOL STAFF, TEACHERS AND STUDENTS) WOULD GREATLY BENEFIT FROM SUCH A NEW WEST ASPEN ENTRANCE; (D) THAT NO COMMITTMENT HAS TO BE MADE AS TO FOUR-LANING OF 82; (E) THAT FINANCING FOR THIS PROJECT -PHASE IS VIRTUALLY ASSURED IN RECORD TIME AND CONSTRUCTION CAN BE STARTED BY THE SPRING OF 1981 OR 1982; NOW THEN, UNDER THESE ASSUMPTIONS SHOULD THE CITY COUNCIL ACT POSITIVELY ON THE RECOM;",ENDATIONS TO ACCEPT A DEED FOR THIS STRIP OF LAND IN QUESTION ? SUCH A QUESTION CAN ONLY BE ANSWERED IN THE AFFIRMATIVE, WE CAN NOT AFFORD TO LOOSE THIS OPPORTUNITY TO SHAVE OFF MANY ADDITIONAL YEARS OF FURTHER STUDIES AND TALK ABOUT NEBULOUS POSSIBILITIES WITH A DOUBTFUL OUTCOME, DO WE HAVE TO BE REMINDED OF THE TIME LAG IT TAKES THESE DAYS TO GET ANY THING DONE EVEN AFTER THE "GO" SIGNAL HAS BEEN GIVEN? YOUR AFFIRMATIVE ACTION WILL MARK THE BEGINNING OF AN ERA OF MUTUAL COOPERATION AND TRUST BETWEEN THE ELECTED OFFICIALS AND THE ELECTORA THE CREDIBILITY BETWEEN THE ELECTED OFFICIALS AND THEIR STAFF AND THE CITIZENS WILL BE STRENGTHENED, YOUR AFFIRMMATIVE ACTION WILL BECOME THE CATALYST NECESSARY FOR THE MUCH NEEDED ASSISTANCE FROM STATE AND FEDERAL AGENCIES, - A COPOUT HERE AND NOW WOULD SET US BACK ANOTHER 5 TO 10 YEARS, I HAVE HANDED YOU THE BALL - PLEAS DONUT FUMBLE IT MAY YOUR CONSCIENCE BE YOUR GUIDE, THANK YOU FOR YOUR PATIENCE AND INTEREST NZf R1 tirr 7,10 M E M O R A N D U M TO: Aspen City Council FROM: Hans R. Gramiger RE: Marolt Annexation and Rezoning Petition DATE: January 23rd, 1980. The Marolt Annexation Petition presents you with an unique opportunity to negotiate for a strip of land essential for our future improved transportation system and simultaneously settle once and for all the much studied and politically debated question of its alignment. It is suggested that Council bargain for and accept a deed for a 150' wide strip of land (2.12 acres) for public use for the future West Main Street Busway/Hiway and new bridge. Your unanimous "AYE" -vote on this conditional deed will be recognized as coming from that City Council who after a period of over 14 years of "studies & talk" had the political fortitude to take positive action. Your positive approach will be interpreted by the State of Colorado Department of Highways and by the Federal Highway Administration and by UMTA as an act of good faith upon which immediate cooperation for early funding and construction can follow. . Inflation, energy considerations, competition for public project grant money, maintenance and operating expense considerations, environmental impacts, etc. all point to the fact that a consolidated bus-way/highway is the most timely solution. The Main -Street Busway alignment is the most flexible, efficient and effective alignment for both summer and winter use. The most recent study (Aspen/Pitkin County Transit Development Program, PDQ&D, Inc.-Nov.1979) recommends a Trans- portation Terminal at the Rio Grande site because Ruby -Park will no longer be adequate to function as terminal with an expanded bus system and also because ridership statistics show that a more central location is desireable. Therefore the continued use of the existing Main-Street'transporta.tion corridor is logical. A two-lane busway being part of a four -lane system results in: a) less negative environmental impact (one principal transporation corridor instead of two separate corridors); b) impressive savings for r.o.w. acquisition costs; c) considerable savings in construction costs (especially for new Maroon and Castle Creek bridges); d) considerable savings in maintenance costs (savings of fuel for plowing); e) fantastic transit -incentives (auto -disincentives) through the fact passengers in slower moving private vehicles see modern transit buses speeding by them); f) possibility to allow h.o.v's. (high -occupancy -vehicles) and emergency - vehicles to share bus -lanes at certain times and at the discretion of the transportation manager (such as limousines, charter buses etc.); g) channelization of all traffic by means of interchanges, feeder and frontage roads to minimize the objectonable side road traffic; h) less negative visual -impact inasmuch as trails, cross roads, bicycle paths. and truck -service access lanes must only be-accomodated_with=under- & over- passes, pedestrian bridges etc. once per given location instead of twice; A novel concept for the new combination busway/highway West -Main -Street bridge over Castle -Creek could incorporate an enclosed, heated lower deck for its full length and width serving as a garage for buses. The natural heat loss will prevent the icing of the actual roadway above. -'A covered all-weather walkway and bicycle path at the lower level can easily be incorporated. The City of Aspen should also consider to negotiate an option with the Marolts for the purchase of that tract of land between the presently located Highway 82 and the new West -Main -Street alignment (approx 3 to 3.5 acres). It would make an ideal site for the Transit -Maintenance Facility ($3,935,000 as recommended by the PDQ&D,Inc. Transit Development Program. It can be constructed into the bank and be kept underground thereby conserving the green -space above. IL would be physically connected to the lower -deck garage under the bridge. It would make an ideal. "in -kind" contribution (20%) under the proposed UMTA- grant application (recently authorized by both City and County). JEGRY FELS 3645 VALLEY XEADOW RE — SHERMAN OAKS CA 914C3 4-0112455027 C1 /27/80 ICS IP!Y;RNCZ CSP GLWB 2139869500 'AGM TDRN LOS ANGELES CA 154 01-27 C627P EST CITY CLERK, CITY HALL ASP EN CO 31 61 1 PLEASE READ THE FOLLOWING MESSAGE INTO THE CITY COUNCIL MINUTES FE: THE rPAL NAROLT PROPERTY: WE ;-RESPECTFULLY AND MOST STRONGLY URGE THAT YOU VOTE AGAINST THE .ANNEXATION AND REZONING OF THE OPAL NAROLT PROPERTY AS PRESENTLY PROPOSED. ASPEN NEEDS EMPLOYEE HOUSING, BUT THIS NFU SHOULL NOT ANL MUST NOT 2E SOLVEL BY HYPER —DENSITY AND OVER USE OF BEAUTIFUL FCCLOGICALLY SENSITIVE LAND. WE PLEAL FOR ^90DERATION ANC RESTRAINT, PEARI NG IN XI ND THE HUGE POTENTIAL INCREASE IN TRAFFIC AT THE. CRUCIAL LOCATION, AND THE PRESERVATION OF' THE GENTLE CHARACTER OF THIS GATEWAY TO ASPEN. THE ASPEN VILLAS WERE NOT ALLOWED TO BUILL LO'oJN T;{i CREEK —SLOPES; PLEASE LO NOT ALLOW SELF SERVING LEVELOPERS TO LO SO ON THE NAROLT PROPERTY. LO NOT ALLOW THE YEARS SPENT BY PREDECESSOR CITY COUNCILS IN DOWN ZONING AND PRESERVIPJG THE ASPEN AST HETIC5 TO BE SU!"XARILY %'ISCARDED AND LOST. FESP ECTFULLY JERRY & ESTHER FELS 1635 EST MG-MCCCMP MGM Ln TO REPLY BY MAILGRAM, SEE REVERSE SIDE FOR WESTERN UNION'S TOLL - FREE PHONE NUMBERS TO REPLY BY MAILGRAM, PHONE WESTERN UNION ANY TIME, DAY OR NIGHT: FOR YOUR LOCAL NUM ER, SEE THE WHITE PAGES OF YOUR TELEPIi0wE --,'RECTORY OR DIAL (TOLL FLEE) 000-257-2241 (EXCEPT IN NEVj J`E€4SEY 090-632-2271) OR DIAL WESTERN UNION'S INFOMASTER SYS i 2!4 GI^ECTLY: FROM TELEX....................6161 FROM TVIX................ 9104201212 July 11, 1979 CONCEPTUAL PLAN/OPAL MAROLT QUANTITY TAKEOFFS Roads: 80' R.O.W./40' paved (23201) 60' R.O.C./30' paved (1280') Parcels: A/Elks 10,000 sq. ft. building 80 parking spaces recreation field pool/amenity area B/City Maintenance Yard C/Larolt House and Garage Picnic grounds to river Field D/Markel Housing 40-45 units (14 DU/AC 72 parking spaces pool area E/Employee Housing 27 units (13 DU/AC) 1&2 B.R. 54 parking spaces F/Employee Housing 27 units (18 DU/AC) 10:2 B.R. 48 parking spaces G/Employee Housing 12 units 2&3 B.R. (6DU/AC) 40 parking spaces H/Employee Housing 14 units (20 DU/AC) 2B.R. 28 parking spaces I/Dedicated Open Space Pool area. Contiguous open field River valley edge Links to existing pathways. IIiiV"9- design workshop, inc. 415 s. spring aspen, co 81611 303-925-8354 ACRES 4 1.7 4 1 5.5 3.5 2.1 1.8 2.4 1 9.1 community development land planning landscape architecture Tr '�' ',►w ,. � ,.,. t,,;�r. .,..,.. _. ... ,,�.. yr. -^. .,,,x?•.<,, r CONCEPTUAL PLAID/IAAROLT (cont'd) J/Lot Extension LanJ East of Castle Creek Area used for 80' R.O.W. through city conservation land 2.3 (3) 35.4 acres. Karen Smith -2- July 17, 1979 any other city officials as you direct to further dis- cuss the proposal. Thank you for your cooperation in this matter. Si ely, MULLIGAN & R EVES, P. obey J.:' Joyce RJJ:jjf Enclosures xc: ®pal Marolt Vicki Marolt 0 W--'-z+nr= ►.7. - R -- :� ;,w�• _ _ .._..r�.,,�~ ,r ,�a,�,[rs _ .,,q,.;,,�_ "*•�e�slT 441 W. -- ~^ �r'ric �'r'�'•'.Sw `�4RI� K-yil�` ;�.`A•.�7/rr' .. .— •- ! �� _ t" •' tt``S �J �M�' � � T S — • rat .. r 0 _ .... _ � T• Mulean & peeves. 1. V. Attorneys and Counselors at Law Suite 300 T l bent J. Joyoe Eclnitable Buildincs T lelePkone Jemes AM.18.n 730 Seventeenth Street (303) 572-0000 Allen G. beeves Denver, Colorado 80202 C ble Don R.Teasle�+ MULU EEVES July 17, 1979 Karen Smith Director of Planning City of Aspen Aspen, Colorado 81611 Dear Karen: Please find enclosed a Petition requesting that the Marolt property be annexed to the City of Aspen. Also enclosed is a conceptual layout showing the proposed use of the property subsequent to annexation. This use would require that the pro- perty be zoned S.P.A. I would appreciate your assistance in processing these applications and will of course be avail- able to you for discussion or further informa- tion. As we discussed, by phone today, since the exact procedures necessary for approval of the Marolt development have not been settled upon by all of the officials involved, we have also submitted un- der separate cover an application for rezoning, to Pitkin County. Obviously when we collectively de- cide the best course of action to undertake one or the other of these applications will be withdrawn. I will call you after you've had a chance to view this material to arrange some time with you and Karen Smith -2- July 17, 1979 any other -city officials as you direct to further dis- cuss the proposal. Thank you for your cooperation in this matter. Sincerely, MMULLIGAN '\& R EVES , I P . L � 1 l�ober J. Joyce l 1 RJJ:jjf *� Enclosures xc: Opal Marolt Vicki Marolt 1w :,,,}, -11TW711 - - :xF-- _ ,,,,, "�!'!!!► ... cs' - } - . -„ _ r,y �e _ ._._ „�, g. .r,, „ - �,A, '..r•, , F ry. i ! ** • _ y � 1'::� rq .1�= ►F 'F'k �iFK. ."". !Y . �'�f.�`��w }'� M .. -1, .r-yR. _--••- ` .�yr.�'. � � 1 t r' ',"", ~:~~;~~~na;o:0:37 ~'~25r7~ Loretta Banner, Reaorder ~" , .~k 1980 -391 p'~[f243 AGREEMENT THIS AGREEMENT made and entered into this ~~ day of ~ ' 1980, by and between the City of Aspen, Colo- rado, a un~c~pal corporat~on of the State of Colorado, located in Pitkin County, Colorado, hereinafter called "Aspen", and Marolt Associates, a partnership organized under the laws of the State of Colorado, hereinafter called "Marolt". WIT N E SSE T H : WHEREAS, Marolt is the owner of certain unincorporated lands situated in Pitkin County, State of Colorado, described in Exhibit "A", which is attached hereto and by reference made a part hereof; and WHEREAS, Marolt desires that said property be annexed to Aspen and concurrently with said annexation desires that Aspen initiate zoning of said land to R-15A/PUD/SPA (Residential, planned unit development, specially planned area); and WHEREAS, Aspen does agree to annex said property and so zone subject to certain conditions. NOW, THEREFORE, in consideration of the premises and promises contained herein it is mutually agreed by and between the parties hereto as follows: 1. Marolt shall petition Aspen, in accordance with State Statutes, for the annexation of the property described in Exhibit "A". Marolt shall also petition Aspen to in!itiate zoning concur- rently with said annexation. The zoning req!uested shall be R-15A/ PUD/SPA. Aspen agrees, subject to the provisions: of applicable law, to annex the property described in Exhibit "A" land to zone the pro- perty therein in accordance with this agree~ent.