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Home My WebLink Aboutcoa.lu.rz.1201 Riverside Dr.2004 City of Aspen Community Development Dept. CASE NUMBER 0019,2004.ASLU PARCEL 10 NUMBER 2737-18-1-00-024 PROJECT ADDRESS 1201 RIVERSIDE DR PLANNER JAMES LINDT CASE DESCRIPTION REZONING REPRESENTATIVE DALE HOWER 948-8775 DATE OF FINAL ACTION 2/18/2005 CLOSED BY Denise Driscoll " . fie Edit Record ~ Form Reports Tab He\> 1'3 Perrlnh 1_ (1""" ('~x-I .1..1...."";_ RouIingJ:jisto<y \ J;ondiiont Main I ROl!lino S._ I ArchIE", H ~ ~C ~ C Su,fermib I )i- I P"ceIo Cu.tom FjeldF )..CJOS Projeclr-~ DO$CfiplionjREZONtNG ~ I Af'fl'/fJ\I~V Submitted IDALE HOWER 948<1775 Clock !Rumino Day, ro PlllllliIID. I 30438 r Vishle on the web? 0...... La" Name [Hii'iiIER DALE Phone W Owner Is Applicant? "wI1""'" ' Last NarnelHOWER DALE Phone .:J Fort Name 1 "'-!lie Convnenl Fee S_ Actions Zip 181611 ,';'1 S AppI;od 10=004 .:J AppIovod I.wed Fin~ 43995 82TH HVIY SPEN CO 81611 .:J Fi,. Name I Cus. R 122160 .:JI canCel charlge$" ~ J ? I~ I ~ l\-' E1 I8J .. I1i' IiiIi (!) .I [!) , DEVELOPMENT ORDER of the City of Aspen Community Development Department This Development Order, hereinafter "Order", is hereby issued pursuant to Section 26.304.070, "Development Orders", and Section 26.308.010, "Vested Property Rights", of the City of Aspen Municipal Code. This Order allows development of a site specific development plan pursuant to the provisions of the land use approvals, described herein. The effective date of this Order shall also be the initiation date of a three-year vested property right. The vested property right shall expire on the day after the third anniversary of the effective date of this Order, unless a building permit is approved pursuant to Section 26.304,075, or unless an exemption, extension, reinstatement, or a revocation is issued by City Council pursuant to Section 26.308.010, After Expiration of vested property rights, this Order shall remain in full force and effect, excluding any growth management allotments granted pursuant to Section 26.470, but shall be subject to any amendments to the Land Use Code adopted since the effective date of this Order. This Development Order is associated with the property noted below for the site specific development plan as described below. Dale Hower, 43995 Highwav 82, Aspen, CO 81611 Property Owner's Name, Mailing Address and telephone number Lots 6-9 and a portion of the allev, Block 24, Riverside Addition to the City and Townsite of Aspen Legal Description and Street Address of Subject Property Rezoning Approval from the R-15 Zone District to the R-6 Zone District Written Description ofthe Site Specific Plan and/or Attachment Describing Plan Citv Council Ordinance No.3, Series of2005, Approved 2/14/05 Land Use Approval(s) Received and Dates (Attach Final Ordinances or Resolutions) Februarv 27.2005 Effective Date of Development Order (Same as date of publication of notice of approval.) F ebruarv 28, 2008 Expiration Date of Development Order (The extension, reinstatement, exemption from expiration and revocation may be pursued in accordance with Section 26.308,010 of the City of Aspen Municipal Code.) Issued this 27th day of February, 2005, by the City of Aspen Community DeC!rMmen~tr. ' Chris Ben~ ommunity Development Director PUBLIC NOTICE Of DEVELOPMENT APPROVAL Notice is hereby given to the general public of the approval of a site specific development plan, and the creation of a vested property right pursuant to the Land Use Code of the City of Aspen and Title 24, Article 68, Colorado Revised Statutes, pertaining to the following described property: Lots 6-9 and a portion of the alley, Block 24, Riverside Addition to the City and Townsite of Aspen, by ordinance of the Aspen City Council numbered 3, Series of 2005 on February 14, 2005. The Applicant received rezoning approval to rezone the property at 1201 Riverside Drive from the R-15 Zone District to the R-6 Zone District. For further information contact Chris Bendon, at the City of Aspen Community Development Dept. 130 S. Galena St, Aspen, Colorado (970) 920- 5090. sf City of Aspen Publish in The Aspen Times on February 27, 2005 ORDIANANCE NO.3 (SERIES OF 2005) ItPfJtlbved) 5- 0 OJ 2/1Lf/OS AN ORDINANCE OF THE ASPEN CITY COUNCIL REZONING 1201 RIVERSIDE DRIVE TO THE R-6 (MEDIUM-DENSITY RESIDENTIAL) ZONE DISTRICT, LOTS 6-9 AND A PORTION OF THE ALLEY, BLOCK 24, RIVERSIDE ADDITION TO THE CITY OF ASPEN, PITKIN COUNTY, COLORADO. ParcellD: 2737-181-00-024 WHEREAS, the Community Development Department received an application from Dale Hower, requesting to rezone 1201 Riverside Drive from the R-15 (moderate- density residential) zone district to the R-6 (medium-density residential) zone district; and, WHEREAS, upon review of the application, the applicable code standards, the Community Development Department recommended approval for the proposed rezoning application; and, WHEREAS, the Aspen Planning and Zoning Commission has reviewed and considered the development proposal under the applicable provisions of the Municipal Code as identified herein; and, WHEREAS, during a duly noticed public hearing on December 7, 2004, the Planning and Zoning Commission approved Resolution No. 19, Series of 2004, by a seven to zero (7-0) vote, recommending that City Council rezone the property at 1201 Riverside Drive to the R-6 (medium-density residential) zone district; and, WHEREAS, the Aspen City Council has reviewed and considered the development proposal under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered the recommendation of the Planning and Zoning Commission, the Community Development Director, the applicable referral agencies, and has taken and considered public comment at a public hearing; and, WHEREAS, during a duly noticed public hearing on February 14, 2005, the Aspen City Council approved Ordinance No.3, Series of 2005, rezoning the property at 1201 Riverside Drive to the R-6 (medium-density residential) zone district; and, WHEREAS, the City Council finds that the development proposal meets or exceeds all applicable development standards and that the approval of the development proposal, with conditions, is consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS, the City Council finds that this Ordinance furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO THAT: ,...", Section 1: Pursuant to the procedures and standards set forth in Land Use Section 26.310, Amendments to the Land Use Code and Official Zone District Map, City Council hereby rezones the property located at 1201 Riverside Drive to the R-6 (medium-density residential) zone district. Section 2: This Ordinance shall not effect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be construed and concluded under such prior ordinances. Section 3: If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. Section 4: A public hearing on the ordinance was held on the 14th day of February, 2005, in the City Council Chambers, Aspen City Hall, Aspen, Colorado. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the 10th day of January, 2005. Helen Kalin Klanderud, Mayor Attest: Kathryn S. Koch, City Clerk FINALLY, adopted, passed and approved this 14th day of February, 2005. Helen Kalin Klanderud, Mayor Attest: Kathryn S. Koch, City Clerk Approved as to form: John P. Worcester, City Attorney TO: THRU: FROM: RE: VIII b Mayor Klanderud and City Council Y - N Chris Bendon, Community Development Director~ 6 '(;J - JamesLindt,PlannerJl- t..-,\vV\l~ +-0 R-(;; . Second Reading of Ordinance No, 3, Series of 2005- Rezoning of 1201 {<<t,9;j.JltI,..;i. Riverside Drive to the R-6 (Medium-Density Residential) Zone District- Public Hearinl! MEMORANDUM DATE: February 14, 2005 ApPLICANT tOWNER: Dale Hower LOCATION: 1201 Riverside Drive PARCEL ID NUMBER: 2737-] 81-00-024 CURRENT ZONING: R-] 5 (Moderate-Density Residential) zone district. PROPOSED ZONING: R-6 (Medium-Density Residential) zone district. SUMMARY: The Applicant requests to rezone the property located at ] 20 1 Riverside Drive from the R-15 zone district to the R-6 zone district in order to construct two (2) detached residential dwelling units rather than a single-family residence on the subject property, ApPROVED AND CURRENT LAND USE: ]201 Riverside Drive currently contains a single-family residence that is zoned R-15 (Moderate-Density Residential), STAFF RECOMMENDA nON: Approval SUMMARY: The Applicant is requesting to rezone 1201 Riverside Drive (see Exhibit "B" for vicinity map) from the R-15 (Moderate-Density Residential) zone district to the R-6 (Medium- Density Residential) zone district in order to construct two (2) detached residential structures as is allowed in the R-6 zone district pursuant to Land Use Code Section 26.710.050, R-6 (Medium-Density Residential) Zone District. The zoning map originally showed the property as being zoned R-6, and the Applicant designed two (2) detached residential dwelling units for the property and applied for a building permit. However, during the building permit review process for the property, a neighbor contested the zoning of the subject parcel contending that the zoning map was in error and that the property was really zoned R-15. Subsequently, the Community Development Director issued a land use code interpretation that established that a property has to be rezoned by ordinance regardless of what the official zone district map indicates, in order for a rezoning to be considered legal. The Applicant appealed this interpretation to City Council and City Council upheld the interpretation of the Community Development DirectoL After the appeal concluded, the Applicant filed a lawsuit ... " against the City and an agreement was reached in which the Applicant was directed to file a rezoning application to rezone the property to the R -6 zone district. REVIEW PROCEDURE Rezoning (Two Step Review). City Council may approve or deny an application for rezoning, after considering a recommendation from the Planning and Zoning Commission, a recommendation from the Community Development Director, and after considering public comment. ST AFF COMMENTS: Rezoning: The subject property abuts land to the south that is zoned R-15 and land to the north that is zoned R-6 (please see zoning map attached as Exhibit "C"). That being the case, Staff does not believe that the proposed rezoning application would be considered "spot zoning" , which is discouraged as a method of fundamental planning. Additionally, a large portion of the subject property was not located in the original Riverside Subdivision (please see Exhibit "E" for map identifying the portion of the property that was located in the original Riverside Subdivision), which is the subdivision located to the south of the property and is zoned R-15 in its entirety. Thus, Staff does not believe that the property has a significant historical relationship with the properties in the R-15 zoned Riverside Subdivision in terms of lot layout and characteristics, In comparing the allowable development rights between the existing and proposed zoning, Staff believes that the proposal to rezone the property will actually reduce the allowable floor area ratio (FAR) that can be constructed on the site. Under the existing R-15 zone district requirements, the Applicant could only build a single-family residence and it would be allowed a total FAR of about 4,440 square feet. Under the proposed R-6 zoning, the Applicant would have the ability to construct two (2) detached single-family residential units or a duplex with a total combined allowable FAR of about 4,390 square feet. Staff also feels that allowing for two (2) smaller residences to be constructed on the property instead of one large residence will likely reduce the apparent mass of structures on the site. Additionally, the property is currently non-conforming in relation to its lot size in that the property is only 14,179 square feet and the existing R-15 zoning has a minimum lot size of 15,000 square feet. The proposed rezoning would bring the lot into zoning conformance with respect to its lot size. Moreover, the proposed rezoning would not create any zoning non-conformity in relation to the existing single-family residence on the property. TRAFFIC GENERATION: Staff does believe that the development potential of the property after the proposed rezoning could allow for development that would increase the amount of traffic on Riverside Drive given that the proposed zoning would allow the Applicant to construct one more residential unit than would be allowed under the existing zoning. However, Staff believes that the amount of additional traffic provided by the one additional unit allowed under the proposed zoning would be minimal. 2 "'. --" STAFF RECOMMENDATION: Staff finds that the proposed rezoning application meets or exceeds the requirements set forth in Land Use Code Section 26,310.040, Amendments to the Land Use Code and Official Zone District Map, to approve an amendment to the official zone district map. Staff recommends that City Council rezone the property at 1201 Riverside Drive to the R-6 zone district. PLANNING AND ZONING COMMISSION RECOMMENDATION: The Planning and Zoning Commission reviewed the rezoning request and unanimously recommended that City Council rezone the property at 1201 Riverside Drive to the R-6 zone district. The Planning and Zoning Commission's resolution is attached as Exhibit "E" and the minutes from their discussion regarding this item are attached as Exhibit "F". CITY MANAGER'S aMENTS: ~'Yl-'-"~" ,-J.) ~ d--6'~L~. RECOMMENDED MOTION (ALL MOTIONS ARE PROPOSED IN THE AFFIRMATIVE): "I move to approve Ordinance No.3, Series of 2005, rezoning the property located at 1201 Riverside Drive, Lots 6-9, and a portion of the alley, Block 24, Riverside Addition to the City and Townsite of Aspen, from the R-15 Zone District to the R-6 Zone District." Attachments: Exhibit A -- Review Criteria and Staff Findings Exhibit B -- Vicinity Map Exhibit C -- Current Zoning Map Exhibit D -- Map Indicating Subdivision Makeup of Property Exhibit E -- Planning and Zoning Commission Resolution Exhibit F -- Planning and Zoning Commission Minutes 3 , """ ""'",#, ORDIANANCE NO.3 (SERIES OF 2005) AN ORDINANCE OF THE ASPEN CITY COUNCIL REZONING 1201 RIVERSIDE DRIVE TO THE R-6 (MEDIUM-DENSITY RESIDENTIAL) ZONE DISTRICT, LOTS 6-9 AND A PORTION OF THE ALLEY, BLOCK 24, RIVERSIDE ADDITION TO THE CITY OF ASPEN, PITKIN COUNTY, COLORADO. Parcel1D: 2737-181-00-024 WHEREAS, the Community Development Department received an application from Dale Hower, requesting to rezone 1201 Riverside Drive from the R-15 (moderate-density residential) zone district to the R-6 (medium-density residential) zone district; and, WHEREAS, upon review of the application, the applicable code standards, the Community Development Department recommended approval for the proposed rezoning application; and, WHEREAS, the Aspen Planning and Zoning Commission has reviewed and considered the development proposal under the applicable provisions of the Municipal Code as identified herein; and, WHEREAS, during a duly noticed public hearing on December 7, 2004, the Planning and Zoning Commission approved Resolution No. 19, Series of 2004, by a seven to zero (7-0) vote, recommending that City Council rezone the property at 1201 Riverside Drive to the R-6 (medium-density residential) zone district; and, WHEREAS, the Aspen City Council has reviewed and considered the development proposal under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered the recommendation of the Planning and Zoning Commission, the Community Development Director, the applicable referral agencies, and has taken and considered public comment at a public hearing; and, WHEREAS, during a duly noticed public hearing on February 14, 2005, the Aspen City Council approved Ordinance No.3, Series of 2005, rezoning the property at 1201 Riverside Drive to the R-6 (medium-density residential) zone district; and, WHEREAS, the City Council finds that the development proposal meets or exceeds all applicable development standards and that the approval of the development proposal, with conditions, is consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS, the City Council finds that this Ordinance furthers and is necessary for the promotion of public health, safety, and welfare, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO THAT, Section 1: Pursuant to the procedures and standards set forth in Land Use Section 26.310, Amendments to the Land Use Code and Official Zone District Map, City Council hereby rezones the property located at 1201 Riverside Drive to the R-6 (medium-density residential) zone district. 4 Section 2: This Ordinance shall not effect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be construed and concluded under such prior ordinances. Section 3: If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof Section 4: A public hearing on the ordinance was held on the 14th day of February, 2005, in the City Council Chambers, Aspen City Hall, Aspen, Colorado. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council ofthe City of Aspen on the 10th day of January, 2005. Helen Kalin Klanderud, Mayor Attest: Kathryn S. Koch, City Clerk FINALLY, adopted, passed and approved this 14th day of February, 2005. Helen Kalin Klanderud, Mayor Attest: Kathryn S. Koch, City Clerk Approved as to form: John p, Worcester, City Attorney 5 , ... EXHIBIT A REVIEW CRITERIA & STAFF FINDINGS REZONING FROM THE R-lS (MODERATE-DENSITY RESIDENTIAL) ZONE DISTRICT TO THE R-6 (MEDIUM-DENSITY RESIDENTIAL) ZONE DISTRICT REVIEW CRITERIA & STAFF FINDINGS In reviewing an amendment to the official zone district map, City Council shall consider: A. Whether the proposed amendment is in conflict with any applicable portions of this title, Staff Finding Staff does not feel that the proposed rezoning application is in conflict with any portion of the Land Use Code. Actually, the proposed rezoning will allow for the subject parcel to be brought into conformance with zoning in relation to its minimum lot size. In addition, the proposed rezoning application will not create any zoning non-conformities with respect to the existing residence, Staff finds this criterion to be met. B. Whether the proposed amendment is consistent with all elements of the Aspen Area Comprehensive Plan, Staff Finding Staff believes that the proposed rezoning application is consistent with the Aspen Area Community Plan. The future land use map that is included in the AACP envisions this site a residential property, by which the proposed rezoning is consistent. Additionally, Staff feels that the proposed rezoning would allow for the possibility of having two (2) smaller residences on the property as opposed to one large residence, which would likely break up the apparent mass of structures on the site as is encouraged by the residential design standards that are included in the land use code. Staff finds this criterion to be met. C. Whether the proposed amendment is compatible with surrounding zone districts and land uses, considering existing land use and neighborhood characteristics. Staff Finding The subject property abuts land that is zoned both R-6 and R-15, so the proposed rezoning application would not create spot zoning. Additionally, the allowable FAR for the site would be similar regardless of whether the property is rezoned or not as was detailed in the staff memo. The allowed uses under both the existing and proposed zoning are similar in that they both are primarily intended for the development of single-family and duplex residential development. Staff finds this criterion to be met. D. The effect of the proposed amendment on traffic generation and road safety. 6 ... '..., '" Staff Finding Staff does not believe that the proposed rezoning will have a significant effect on traffic generation or road safety because the proposed rezoning would at most add one additional allowed residential unit to the property. Staff finds this criterion to be met. E. Whether and the extent to which the proposed amendment would result in demands on public facilities, and whether the extent to which the proposed amendment would exceed the capacity of such facilities, including, but not limited to, transportation facilities, sewage facilities, water supply, parks, drainage, schools, and emergency medical facilities. Staff Finding Staff does not feel that there will be an increase in the demand for public facilities as a result of the proposed rezoning request. Staff finds this criterion to be met. F. Whether and the extent to which the proposed amendment would result in significant adverse impacts on the natural environment. Staff Finding Staff does not believe that the proposed rezoning application would result in significant adverse impacts on the environment. Staff finds this criterion to be met. G. Whether the proposed amendment is consistent and compatible with the community character in the City of Aspen. Staff Finding Staff believes that the proposed rezoning application is consistent with the community and neighborhood character of the area in that the new zoning would only allow for detached single-family or duplex residential dwelling units as is consistent with the predominant uses in the area, Staff finds this criterion to be met. H. Whether there have been changed conditions affecting the subject parcel or the surrounding neighborhood which support the proposed amendment, Staff Finding Staff has not identified any changed conditions in the neighborhood that would support the proposed amendment; however, the proposed rezoning would correct the existing non- conformity in relation to the property's lot size. Staff finds this criterion to be met. I. Whether the proposed amendment would be in conflict with the public interest, and is in harmony with the purpose and intent of this title. Staff Finding Staff believes that the proposed rezoning application would not be in conflict with the purpose and intent of the land use code or the public interest. In fact, the proposed rezoning application would bring the subject parcel into complete zoning compliance. Staff finds this criterion to be met. 7 ","-'" "8" P94 " j ] 4t/~ .,..---~-..., . ;' \ . ~ . ;' ; \ \ i l! \ \ ,\ \ \ \ I' , ' ~~ ~ N I I I W E 0 100 200 400 Feel S " " Exhibit4/; 1201 Riverside Drive Zoning Map N o 175 350 700 1,050 1,400 Feet "".-..... P96 Makeup of Subject Property Exhibit "tJ' f. ,- .II. i , V '(~/:-/ ~-~~ o ~"'- / __.... ~.~ .~f ~=:~_, if ----- ~ .f ~ 1"=-= _J ! n'""i'" ~ t~ N I I I W E I 0 100 200 400 Feet S '\~ :~r;; ';;;0 ..::_Vi ~;; ~' 1'1 ;t , . o '. ~o ,. ~ .._m - ~~ ~ - ,;:..... J >:;~ r ~ ,..0 c ~~j~ ~ - -::z. "' r ;11HW, :._! q n q: :; ~ : i ~ <j ~:: . ~ ~ . e 1 , !!r;~1 ~ " H~:=:-,,:' , -. j ~ . ';:,il":P ~ ~ t _ . , P!.;f&' ~'g~:i .. :. ~ ~! : :j". ~~n~. fl',!l " , I' ;u ", ..;:. 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G-111 kJ i I IEI/ """ ./ P98 RESOLUTION NO. 19 (SERIES OF 2004) A RESOLUTION OF THE CITY OF ASPEN PLANNING A)'ill ZONING COMlYllSSION RECOMMENDING THAT CITY COUNCIL REZONE 1201 RIVERSIDE DRIVE TO THE R-6 (MEDIUM-DENSITY) ZONE DISTRICT, LOTS 6-9 Ai~D A PORTION OF THE ALLEY, BLOCK 24, RIVERSIDE ADDITION TO THE CITY OF ASPEN, PITKIN COUNTY, COLORADO. Parcel ID: 2737-181-00-024 WHEREAS, the Community Development Department received an application from Dale Hower, requesting to rezone 1201 Riverside Drive from the R-15 (Moderate- Density Residential) Zone District to the R-6 (Medium-Density Residential) Zone District; and, WHEREAS, upon review of the application, the applicable code standards, the Community Development Department recommended approval for the proposed rezoning application; and, WHEREAS, the Aspen Planning and Zoning Commission has reviewed, and , considered the development proposal under the applicable provisions of the Municipal Code as identified herein; and, WHEREAS, during a. duly noticed public hearing on May 18, 2004, the Planning and Zoning Commission opened and continued the review of the rezoning request to hme 1,2004; and, WHEREAS, during a duly noticed public hearing on June 1,2004, the Planning and Zoning Commission opened and continued the review of the rezoning request to June 15, 2004; and, WHEREAS, during a duly noticed public hearing on June 15,2004, the Planning and Zoning Commission opened and continued the review of the rezoning request to July 6, 2004; and, WHEREAS, during a duly noticed public hearing on July 6, 2004, the Planning and Zoning Commission opened and continued the review of the rezoning request to ' August 17, 2004; and, WHEREAS, durUlg a duly noticed public hearing on Allgust 17, 2004, the Planning and Zonulg. Commission opened and continued the review of the rezoning request to October 19,2004; and, WHEREAS, during a duly noticed public hearing on October 19, 2004, the Planning and Zoning Commission oper;te~ and continued the review of the' rezoning request to November 16, 2004; and, WHEREAS, during a duly noticed public hearing on November 16, 2004, the Planning and Zoning Commission opened and continued the review of the rezoning request to December 7,2004; and, ' /'..'. P99 WHEREAS, during a duly noticed public hearing on December 7, 2004, the Planning and Zoning Commission approved Resolution No, 19, Series of 2004, by a seven to zero (7-0) vote, recommending that City COlillcil rezone 1201 Riverside Drive to the R-6 Zone District; and, WHEREAS, the Planning and Zoning Commission fmds that' the development proposal meets or exceeds all applicable development standards and that the approval of the development proposal is consistent with the goals and elements of the Aspen Area Conununity Plan; and, 'WHEREAS, the Planning and Zoning Commission fmds that this resolution furthers and is necessary for the promotion of public health, safety, and welfare, NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ASPEN PLANNING AND ZONING COMMISSION AS FOLLOWS: Section 1: Pursuant to the procedures and standards set forth in Land Use Section 26.310, Amendments to the Land Use Code and Official Zone District Map, the Planning and Zoning Commission hereby recommends that City Council approve the application to rezone 1201 Riverside Drive to the R-6 (Medium-Density Residential) Zone District. Section 2: All material representations and commitments made by the applicant pursuant to the. development proposal approvals as herein awarded, whether in public hearing or documentation presented before the Planning and Zoning Commission or City Council, are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity, Section 3: This resolution shall not effect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided" and the same shall be 'conducted and concluded under such prior ordinances. Section 4: If any section, subsection, sentence, clause, phrase, or portion of this resolution is for any reason held invalid or lillconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. APPROVED BY the Planning and Zoning Commission of the City of Aspen on this 7th day of December, 2004. P100 APPROVED AS TO FORlYI: COMMISSION: City Attorney ATTEST: Jackie Lothian, Deputy City Clerk PLANNING AND ZONING Jasmine Tygre, Chair I ASPbq' PLANNING & ZONING CO~ISSION Minutes - December 07, 2004 Tygre stated that she would abstain from voting on this resolution and suggested the code amendment be taken out of the resolution; she said it would be a lot cleaner and future applications development rights would be addressed separately. Hoefer stated that through the public notice process this code amendment was part of the project but in the future the code amendments should be separate and prior to the project application. 0'h)~/f \IF!! MOTION: Brandon Marion moved to approve Resolution #33 and recommend City Council approve Fox Crossing and the associated Land Use Amendments with the addition of the solidification of the trail through the park; seconded by Jack Johnson. Roll call vote: Kruger, yes; Rowland, yes; Johns, yes; Johnson, yes; Marion, yes; Tygre, abstain. Motion carried 5-0. CONTINUED PUBLIC HEARING (11/16): 1201 RIVERSIDE DRIVE REZONING Jasmine Tygre opened the public hearing for the rezoning of 1201 Riverside Drive. David Hoefer stated this was a continued public hearing and notice had been provided on November 16th. James Lindt explained that Dale Hower submitted this application to rezone the property at 1201 Riverside Drive from R-15 to R-6; P&Z is the recommending body to City Council on this action. Lindt provided the history of the property; the applicant designed 2 residences for this property based on the R-6 Zone District (because the zoning map had shown this property was in the R-6 zone district in 1990). Lindt said the zoning map was in error because the property was actually zoned R-15; the applicant then sued the city. There was an agreement to rezone the property; two smaller houses would probably be built on this site rather than one large single-family house. The rezoning would remove the non-conforming status and all the property to the north was zoned R-6. Staff recommended approval. Dylan Johns asked if the net effect allows for a duplex but reduces FAR. Lindt replied that is correct. Jack Johnson asked if this was the only non-conforming R-15 lot in that subdivision. Lindt replied that it was not. No public comments. Brandon Marion asked if there would be an access problem if it were a duplex rather than a single-family. Lindt replied that it was off the culd-de-sac and the 6 -. ASPlh( PLANNING & ZONING CO~IISSION Minutes - December 07, 2004 agreement with the neighbor was not to share a drive any longer, so the access was split off. MOTION: Ruth Kruger moved to approve Resolution #19 recommending City Council approve the proposed rezoning application to allow for the property at 1201 Riverside Drive, Lots 6-9, and a portion of the alley, Block 24, Riverside Addition to the City and Townsite of Aspen, to be rezoned from R-15 Zone District to R-6 Zone District. Seconded by Dylan Johns. Roll call vote: Marion, yes; Skadron, yes; Johnson, yes; Johns, yes; Rowland, yes; Tygre, yes; Kruger, yes, Motion carried 7-0. PUBLIC HEARING: LITTLE AJAX CONSOLIDATED CONCEPTUALIFINAL SPA AND ASSOCIATED LAND USE REQUESTS Jasmine Tygre opened the public hearing for the Little Ajax. David Hoefer stated that the notice was provided but it was lacking the mailing list. Joe Wells would provide the City Clerk's Office the mailing list on December osth. James Lindt stated the application was submitted by Burton Kaplan and Peter Gluck for the approval of a consolidated PUD, Subdivision and Rezoning as well as several other associated land use requests to construct 16 affordable housing units on Lots 1 and 2 of the Little Ajax Subdivision. P&Z was the recommending body. Lindt said this was Phase 2 of a two-phase development proposal that was established through a pre-annexation agreement, which the applicant entered into with the city. Phase 1 was 3 single-family lots adjacent to Hopkins Avenue at the base of Shadow Mountain. Lindt described the site with the aid of a map showing the 3-lot subdivision; a Conservation Easement was purchased for Lot 3 and allows the Midland Trail to extend across for public recreation. The proposed development was on Lots 1 and 2 with 16 affordable housing units in a horseshoe configuration including 15 3- bedrooms and 1 2-bedroom, category 4, sale units with 25 parking spaces tucked under the building with storage units. The elevation drawing showed a two-story front off of West Hopkins; the back Yz of the building was 3 stories with a proposed maximum height of35 feet (measured from the interior courtyard). The total FAR was .9 4 to I. Staff believed the use was compatible with the neighborhood; it fits into the mix of uses and the dimensional requirements were consistent with other buildings in the neighborhood. The parking ratio was 1.56 per unit with proposed auto disincentives. Lindt said the park impact fees must be decided by P&Z and City Council. The applicant believes this fee should be waived because of the conservation easement 7 MEMORANDUM \J\\\~ DATE: Mayor Klanderud and City Council 1\\ ~ 1 Chris Bendon, Community Development Director~~~ James Lindt, Planner 3'L-- 1 st Reading of Ordinance No,3 , Series of 2005- Rezoning of 1201 Riverside Drive to the R-6 (Medium-Density Residential) Zone District January 10, 2005 TO: THRU: FROM: RE: I ApPLICANT tOWNER: Dale Hower LOCATION: 1201 Riverside Drive PARCEL ID NUMBER: 273 7-181-00-024 CURRENT ZONING: R-15 (Moderate-Density Residential) zone district. PROPOSED ZONING: R-6 (Medium-Density Residential) zone district. .:> SUMMARV: The Applicant requests to rezone the property located at 1201 Riverside Drive from the R-15 zone district to the R-6 zone district in order to construct two (2) detached residential dwelling units rather than a single-family residence on the subject property, ApPROVED AND CURRENT LAND USE: 1201 Riverside Drive currently contains a single-family residence that is zoned R-15 (Moderate-Density Residential). STAFF RECOMMENDA nON: Approval SUMMARY: The Applicant is requesting to rezone 1201 Riverside Drive (see Exhibit "B" for vicinity map) from the R-15 (Moderate-Density Residential) zone district to the R-6 (Medium- Density Residential) zone district in order to construct two (2) detached residential structures as is allowed in the R-6 zone district pursuant to Land Use Code Section 26.710.050, R-6 (Medium-Density Residential) Zone District. The zoning map originally showed the property as being zoned R-6, and the Applicant designed two (2) detached residential dwelling units for the property and applied for a building permit. However, during the building permit review process for the property, a neighbor contested the zoning of the subject parcel contending that the zoning map was in error and that the property was really zoned R-15, Subsequently, the Community Development Director issued a land use code interpretation that established that a property has to be rezoned by ordinance regardless of what the official zone district map indicates, in order for a rezoning to be considered legal. The Applicant appealed this interpretation to City Council and City Council upheld the interpretation of the Community Development Director. After the appeal concluded, the Applicant filed a lawsuit against the City and an agreement was reached in which the Applicant was directed to file a rezoning application to rezone the property to the R -6 zone district. REVIEW PROCEDURE Rezoning (Two Step Review). City Council may approve or deny an application for rezoning, after considering a recommendation from the Planning and Zoning Commission, a recommendation from the Community Development Director, and after considering public comment. STAFF COMMENTS: Rezoning: The subject property abuts land to the south that is zoned R-15 and land to the north that is zoned R-6 (please see zoning map attached as Exhibit "C"). That being the case, Staff does not believe that the proposed rezoning application would be considered "spot zoning" , which is discouraged as a method of fundamental planning. Additionally, a large portion of the subject property was not located in the original Riverside Subdivision (please see Exhibit "E" for map identifying the portion of the property that was located in the original Riverside Subdivision), which is the subdivision located to the south of the property and is zoned R-15 in its entirety. Thus, Staff does not believe that the property has a significant historical relationship with the properties in the R-15 zoned Riverside Subdivision in terms of lot layout and characteristics. In comparing the allowable development rights between the existing and proposed zoning, Staff believes that the proposal to rezone the property will actually reduce the allowable floor area ratio (FAR) that can be constructed on the site. Under the existing R-15 zone district requirements, the Applicant could only build a single-family residence and it would be allowed a total FAR of about 4,440 square feet. Under the proposed R-6 zoning, the Applicant would have the ability to construct two (2) detached single-family residential units or a duplex with a total combined allowable FAR of about 4,390 square feet. Staff also feels that allowing for two (2) smaller residences to be constructed on the property instead of one large residence will likely reduce the apparent mass of structures on the site, Additionally, the property is currently non-conforming in relation to its lot size in that the property is only 14,179 square feet and the existing R-15 zoning has a minimum lot size of 15,000 square feet. The proposed rezoning would bring the lot into zoning conformance with respect to its lot size. Moreover, the proposed rezoning would not create any zoning non-conformity in relation to the existing single-family residence on the property. TRAFFIC GENERATION: Staff does believe that the development potential of the property after the proposed rezoning could allow for development that would increase the amount of traffic on Riverside Drive given that the proposed zoning would allow the Applicant to construct one more residential unit than would be allowed under the existing zoning. However, StatI believes that the amount of additional traffic provided by the one additional unit allowed under the proposed zoning would be minimal. 2 . ~_______,__n.'_ ..,.~....m.__.~__.."_" STAFF RECOMMENDATION: Staff finds that the proposed rezoning application meets or exceeds the requirements set forth in Land Use Code Section 26.310.040, Amendments to the Land Use Code and Official Zone District Map, to approve an amendment to the official zone district map, Staff recommends that City Council rezone the property at 1201 Riverside Drive to the R-6 zone district. PLANNING AND ZONING COMMISSION RECOMMENDATION: The Planning and Zoning Commission reviewed the rezoning request and unanimously recommended that City Council rezone the property at 1201 Riverside Drive to the R-6 zone district. The Planning and Zoning Commission's resolution is attached as Exhibit "E" and the minutes from the December 7"' hearing will be included in the City Council packet for 2'" reading of the proposed ordinance. CITY MANAGER'S COMMENTS: ~,_., <:) ~Jy."fl iJi )?{:, ;W~ ~ RECOMMENDED MOTION (ALL MOTIONS ARE PROPOSED IN THE AFFIRMATIVE): "I move to approve, upon first reading, Ordinance No. 3, Series of 2004, rezoning the property located at 1201 Riverside Drive, Lots 6-9, and a portion of the alley, Block 24, Riverside Addition to the City and Townsite of Aspen, from the R-15 Zone District to the R-6 Zone District." Attachments: Exhibit A -- Review Criteria and Staff Findings Exhibit B -- Vicinity Map Exhibit C -- Current Zoning Map Exhibit D -- Map Indicating Subdivision Makeup of Property Exhibit E -- Planning and Zoning Commission Resolution 3 ...........-_.----..........,.-~...."._' "--"-';-.---'-"'--'--- ORDIANANCE NO, 3 (SERIES OF 2005) AN ORDINANCE OF THE ASPEN CITY COUNCIL REZONING 1201 RIVERSIDE DRIVE TO THE R-6 (MEDIUM-DENSITY RESIDENTIAL) ZONE DISTRICT, LOTS 6-9 AND A PORTION OF THE ALLEY, BLOCK 24, RIVERSIDE ADDITION TO THE CITY OF ASPEN, PITKIN COUNTY, COLORADO, Parcel ID: 2737-181-00-024 WHEREAS, the Community Development Department received an application from Dale Hower, requesting to rezone 1201 Riverside Drive from the R-15 (moderate-density residential) zone district to the R-6 (medium-density residential) zone district; and, WHEREAS, upon review of the application, the applicable code standards, the Community Development Department recommended approval for the proposed rezoning application; and, WHEREAS, the Aspen Planning and Zoning Commission has reviewed and considered the development proposal under the applicable provisions of the Municipal Code as identified herein; and, WHEREAS, during a duly noticed public hearing on December 7, 2004, the Planning and Zoning Commission approved Resolution No. 19, Series of 2004, by a seven to zero (7-0) vote, recommending that City Council rezone the property at 1201 Riverside Drive to the R-6 (medium-density residential) zone district; and, WHEREAS, the Aspen City Council has reviewed and considered the development proposal under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered the recommendation of the Planning and Zoning Commission, the Community Development Director, the applicable referral agencies, and has taken and considered public comment at a public hearing; and, WHEREAS, during a duly noticed public hearing on February 14, 2005, the Aspen City Council approved Ordinance No. _, Series of 2005, by a _ to _ L-~ vote, rezoning the property at 1201 Riverside Drive to the R-6 (medium-density residential) zone district; and, WHEREAS, the City Council finds that the development proposal meets or exceeds all applicable development standards and that the approval of the development proposal, with conditions, is consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS, the City Council finds that this Ordinance furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO THAT: 4 /"'"" ..,..... '" Section 1: Pursuant to the procedures and standards set forth in Land Use Section 26.310, Amendments to the Land Use Code and Official Zone District Map, City Council hereby rezones the property located at 120 I Riverside Drive to the R -6 (medium-density residential) zone district. Section 2: This Ordinance shall not effect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be construed and concluded under such prior ordinances. Section 3: If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. Section 4: A public hearing on the ordinance was held on the 14th day of February, 2004, in the City Council Chambers, Aspen City Hall, Aspen, Colorado. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the 10lh day of January, 2004. Helen Kalin Klanderud, Mayor Attest: Kathryn S. Koch, City Clerk FINALLY, adopted, passed and approved by a vote of _ to _ L---'l, this 14th day of February, 2004. Helen Kalin Klanderud, Mayor Attest: Kathryn S. Koch, City Clerk Approved as to form: John P. Worcester, City Attorney 5 EXHIBIT A REVIEW CRITERIA & STAFF FINDINGS REZONING FROM THE R-lS (MODERATE-DENSITY RESIDENTIAL) ZONE DISTRICT TO THE R-6 (MEDIUM-DENSITY RESIDENTIAL) ZONE DISTRICT REVIEW CRITERIA & STAFF FINDINGS In reviewing an amendment to the official zone district map, City Council shall consider: A. Whether the proposed amendment is in conflict with any applicable portions of this title. Staff Finding Staff does not feel that the proposed rezoning application is in conflict with any portion of the Land Use Code. Actually, the proposed rezoning will allow for the subject parcel to be brought into conformance with zoning in relation to its minimum lot size. In addition, the proposed rezoning application will not create any zoning non-conformities with respect to the existing residence. Staff finds this criterion to be met. B. Whether the proposed amendment is consistent with all elements of the Aspen Area Comprehensive Plan. Staff Finding Staff believes that the proposed rezoning application is consistent with the Aspen Area Community Plan. The future land use map that is included in the AACP envisions this site a residential property, by which the proposed rezoning is consistent. Additionally, Staff feels that the proposed rezoning would allow for the possibility of having two (2) smaller residences on the property as opposed to one large residence, which would likely break up the apparent mass of structures on the site as is encouraged by the residential design standards that are included in the land use code. Staff finds this criterion to be met. C. Whether the proposed amendment is compatible with surrounding zone districts and land uses, considering existing land use and neighborhood characteristics. Staff Finding The subject property abuts land that is zoned both R-6 and R-15, so the proposed rezoning application would not create spot zoning. Additionally, the allowable FAR for the site would be similar regardless of whether the property is rezoned or not as was detailed in the staff memo. The allowed uses under both the existing and proposed zoning are similar in that they both are primarily intended for the development of single-family and duplex residential development. Staff finds this criterion to be met. D. The effect of the proposed amendment on traffic generation and road safety. 6 , Staff Finding Staff does not believe that the proposed rezoning will have a significant effect on traffic generation or road safety because the proposed rezoning would at most add one additional allowed residential unit to the property. Staff finds this criterion to be met. E. Whether and the extent to which the proposed amendment would result in demands on public facilities, and whether the extent to which the proposed amendment would exceed the capacity of such facilities, including, but not limited to, transportation facilities, sewage facilities, water supply, parks, drainage, schools, and emergency medical facilities, Staff Finding Staff does not feel that there will be an increase in the demand for public facilities as a result of the proposed rezoning request. Staff finds this criterion to be met. F. Whether and the extent to which the proposed amendment would result in significant adverse impacts on the natural environment. Staff Finding Staff does not believe that the proposed rezoning application would result in significant adverse impacts on the environment. Staff finds this criterion to be met. G, Whether the proposed amendment is consistent and compatible with the community character in the City of Aspen. Staff Finding Staff believes that the proposed rezoning application is consistent with the community and neighborhood character of the area in that the new zoning would only allow for detached single-family or duplex residential dwelling units as is consistent with the predominant uses in the area. Staff finds this criterion to be met. H. Whether there have been changed conditions affecting the subject parcel or the surronnding neighborhood which support the proposed amendment, Staff Finding Staff has not identified any changed conditions in the neighborhood that would support the proposed amendment; however, the proposed rezoning would correct the existing non- conformity in relation to the property's lot size. Staff finds this criterion to be met. 1. Whether the proposed amendment would be in conflict with the public interest, and is in harmony with the purpose and intent of this title. Staff Finding Staff believes that the proposed rezoning application would not be in conflict with the purpose and intent of the land use code or the public interest. In fact, the proposed rezoning application would bring the subject parcel into complete zoning compliance. Staff finds this criterion to be met. 7 Exhibit "B" -- 1201 Riverside Drive Vicinity Map N 100 1 200 1 400 Feet w E ,I o s Exhibit, 'c" 1201 Riverside Drive Zoning Map r-__, " N o 175 350 700 1,050 1 ,4~~et ,,,,Ifl'..'\ Exhibit "1)" MciJ(eup of Subject Property f ,/ If. f f f .< , I .1 I I J:"" - (":..3 N I o 100 I 200 I 400 Feet w E s I ('I'~'o. , ; I i"~ " w" '\ '\" , 1;1 0 ood.';'::i-.~ .\. \,~'\.~.\ \~'\ : -; ",. , ',"'-- ____y...""."",,, ,;\ \I:..=r=,:'( '0" ~"~ I "'" ..,,', COIIII",""'UI,I\ .",.lW' ' . \q,'l.~ \ )-~\~\~ ' . "'"l '" ~.~~~.'''. '. ,,\' Ii \ '\ . \ \. '" ':'\ ;,..-....,... L ",~ I Ii I~ Q Ii' \. ""0 '(, ~~.N.~q \ '( \t~ \ 0-0 '-2:~!!"'1l!lL..~~-"- - p.,".. .' 11 i1" 1",\ \ \' ~ iG;~. 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" ,'"' " '/1"..' i; ~'s ..~ ". ~.:G ~' , .. i Ii.Etle~!i- ~!" '" " ~gers~~~ -L ~~!!~,~i ?~;:r.:~::,a;1 ~!O~;1':::p'i~ < !J?....i;:~ ~<) l.':'" i;: >l,,! ., ", <!"".'" 0"..'.. , , j ~"IP,~5" !i!g' ~c:~ _' h~S-<~ i ~"" l' 0; 11" \ ~ .... 1< ... ~.. .Ii ~.... it ill A,l\ j::...? '" lj......' _ro'" ~"~i:~g ~I~'~i~~~ -, !!U;~-::l'! ~:!p~~{!li!'" .. h;a~.d; i!~~~~~~ ~ ~H...l~~ .Gi:~i!~~l~ ;~r~I;: f~~~!~~: ,"2~i~:"j' !.e~t;~H. :F,a'l ~!~"i'~! "~.,,, .,",1;.,. ~~8:1g! -.:~p~g1 li:";gH !;&:~, ~~:'B:~~ ~:!~.:~ ~ i!! . ~ ~; '.J Q b' .. ~ ~ '" \l :' i~ ~ ! o (") -4 '~ - , ...., . . , ~ o g I " '" C~l C::. c.., b ~: ~.;, m z ..-< ."I-C, ,'.,' (/) C CD <' Cl -< G-h 1/tJ/f ''f'I/ RESOLUTION NO, 19 (SERIES OF 2004) A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING COMMISSION RECOMMENDING THAT CITY COUNCIL REZONE 1201 RIVERSIDE DRIVE TO THE R-6 (MEDIUM-DENSITY) ZONE DISTRICT, LOTS 6-9 AND A PORTION OF THE ALLEY, BLOCK 24, RIVERSIDE ADDITION TO THE CITY OF ASPEN, PITKIN COUNTY, COLORADO. Parcel ID: 2737-181-00-024 WHEREAS, the Community Development Department received an application from Dale Hower, requesting to rezone 1201 Riverside Drive from the R-15 (Moderate- Density Residential) Zone District to the R-6 (Medium-Density Residential) Zone District; and, WHEREAS, upon review of the application, the applicable code standards, the Community Development Department recommended approval for the proposed rezoning application; and, WHEREAS, the Aspen Planning and Zoning Commission has reviewed and considered the development proposal under the applicable provisions of the Municipal Code as identified herein; and, WHEREAS, during a duly noticed public hearing on May 18,2004, the Planning and Zoning Commission opened and continued the review of the rezoning request to June 1,2004; and, WHEREAS, during a duly noticed public hearing on June I, 2004, the Planning and Zoning Commission opened and continued the review of the rezoning request to June 15,2004; and, WHEREAS, during a duly noticed public hearing on June 15, 2004, the Planning and Zoning Commission opened and continued the review of the rezoning request to July 6, 2004; and, WHEREAS, during a duly noticed public hearing on July 6, 2004, the Planning and Zoning Commission opened and continued the review of the rezoning request to August 17,2004; and, WHEREAS, during a duly noticed public hearing on August 17, 2004, the Planning and Zoning Commission opened and continued the review of the rezoning request to October 19,2004; and, WHEREAS, during a duly noticed public hearing on October 19, 2004, the Planning and Zoning Commission opened and continued the review of the rezoning request to November 16, 2004; and, WHEREAS, during a duly noticed public hearing on November 16, 2004, the Planning and Zoning Commission opened and continued the review of the rezoning request to December 7,2004; and, / WHEREAS, during a duly noticed public hearing on December 7, 2004, the Planning and Zoning Commission approved Resolution No. 19, Series of 2004, by a seven to zero (7-0) vote, recommending that City Council rezone 1201 Riverside Drive to the R -6 Zone District; and, WHEREAS, the Planning and Zoning Commission finds that the development proposal meets or exceeds all applicable development standards and that the approval of the development proposal is consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS, the Planning and Zoning Commission finds that this resolution furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ASPEN PLANNING AND ZONING COMMISSION AS FOLLOWS: Section 1: Pursuant to the procedures and standards set forth in Land Use Section 26.310, Amendments to the Land Use Code and Official Zone District Map, the Planning and Zoning Commission hereby recommends that City Council approve the application to rezone 1201 Riverside Drive to the R-6 (Medium-Density Residential) Zone District. Section 2: All material representations and commitments made by the applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the Planning and Zoning Commission or City Council, are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Section 3: This resolution shall not effect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 4: If any section, subsection, sentence, clause, phrase, or portion of this resolution is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. APPROVED BY the Planning and Zoning Commission of the City of Aspen on this 7th day of December, 2004. , , APPROVED AS TO FORM: COMMISSION: City Attorney ATTEST: Jackie Lothian, Deputy City Clerk / PLANNING AND ZONING Jasmine Tygre, Chair I ~1 ", ~ ~\ ".,~ ~ ~\".;. ~ \ ~ ....--- ..-/'..-/' ..-/'..-/' ,o" "",' , ~ ~ ~ / ',o' ,.. ~ 0/ / ,/ _ ______~\..t_1.'!Ii_ / _ ~J.-;;1~ ./ /'" _ ~ ---- - ..-1'/ .. <:l___ ./ "'....1<(] "'I Ap~~ :'l.~ZJr!- ~. ","~ .L 5 'U'ot' _ (]..~. ,100 0 ",,_.." 10.;..0 "'"' ~U..... '~lIL" <1ISTU>OSUlI ....~'" / -"":.",;l ,."l,.a " '" __ S ~1'1)S . 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'.~ "~T" " 1.. ~, -.' -~, ~, '.- ~ :_11' .;"0.1 "'''.$1' ~n"'.l ,........ ,a.s 2..,...s"o. ~ _'(lOl:t ~~, . " ~aT " RIVERSIDE SU8~'IVISION 8LX,I (O(TClax.tAf'A./:O:I7'J1 ,.,. ,..." ~~:.. i ~<''4'I'~ ...' ">3.. " 1"~J' .~~.'<lClgFt~ i..~m , " ')0 '-1 :.:; \. ." " " :!I1Ufl'tJ..,. S1:':I'O :w....lll'lQ!.% TUCS:l'lIl.C llfY~ U:n:R.U. Yl,n:Jl "..t."c 11.lIYt.llfC . CllDU}Oll ttt.1:1"MQIlC ~ r;I..;;:C,,:,JUC.ol.t. 'OVCJl.IIUIlIU:HC C"S U:HC 'lI'.l,-rULIl<C :I...IlIT..JU' StY!:ll l.un: :I...l<IT.r.II.'!"..sr.,-tJlC1...l:..l.1l0l11' UlfCtltCl.Ou'lfD ~Cl. or u'lIDSC-I.l''!;O u.YJf JOI1'r1: U'TlU"l'T P17L!; J,SI"'!;II ntD: lllu::.r!T:tII . calu ca..."u UTlI IT'!" ~nT~:' .... H~ ~....1.. Tl't. Ll~III1";&K ."i.s.,.lnq on,.,.,. sr1'=. an4_.:sr,,,,,,,, <:rt 1f't1-s dr'"aoolnq 1->00-.. tl_ IOC:Ohd a,. 11.ld nr-.,. ~II 1,If"Id....'T<:o.nG Lli'iI ii'l"", snc,..... O"l 1"I'>i.s <7_I"lI CI""~ ."..<:n1r'"~c;"..d:aI7i'1'h.."....i~ut;llry~IU<ll"ld1"1'\. ~...,.cr doeo< I"IOi' ~ "~illliii'.,. -,'0- tl'l.ir" <:I:><t>1..'l'''''eq. It'IClic;atO(! 1000..,.iOl'1. or .s.>:0I. ~!tCOr4 U'l';li'l'''''I<>c:01'icn.:st\o:u14bl<:on''i~bYs><Q=jl'lQ -m..l.lTJIIt"J. . \\ , ,..... '-' '"'" ...; ATTACHMENT 7 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: , Aspen, CO SCHEDULED PUBLIC HEARING DATE: ,200 STATE OF COLORADO ) ) 55. County of Pitkin ) I, -=-) (3<1/11. ~ L;,V{ (') { (name, please print) being or representing an Applicant to the City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304,060 (E) of the Aspen Land Use Code in the following manner: 4' Publication of notice: By the publicationin the legal notice section of an official paper or a paper of general circulation in the City of Aspen at least fifteen (15) days prior to the public hearing. A copy of the publication is attached he~to, L Posting of notice: By posting of notice, which form was obtained from thi Community Development Department, which was made of suitable, waterproof materials, which was not less than twenty-two (22) inches wide and twenty-six (26) inches high, and which was composed of letters not less than one inch in height. Said notice was posted at least fifteen (15) days Eior to the public hearing and was continuously visible from the J)!1fay of ~ilt'> "'\' 'If ,2005-, to and including the date and time of the public hearing. A photograph of the posted notice (sign) is attached hereto. L Mailing of notice, By the mailing of a notice obtained from the Comkunity Development Department, which contains the information described {1 Section 26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) Jays prior to the public hearing, notice was hand delivered or mailed by first class postage prepaid U.S. mail to any federal agency, state, county, municipal government, school, service district or other governmental or quasi-governmental agency that owns property within three hundred (300) feet of the property subject to the development application. The names and addresses of property owners shall be those on the current tax records of Pitkin County as they appeared no more than sixty (60) days prior to the date of the public hearing. A copy of the owners and governmental agencies so noticed is attached hereto, (continued on next page) .,...-"'...... , " ....."'.' ,..." PUBLIC NOTICE RE: 1201 RIVERSIDE DRIVE REZONING NOTICE IS HEREBY GIVEN that a public hearing will be held on Monday, February 14, 2005 at a meeting to begin at 5:00 p.m, before the Aspen City Council, City Council Chambers, 130 S. Galena St., Aspen, to consider an application submitted by Dale Hower to rezone the property located at 1201 Riverside Drive from the R-15 Zone District to the R-6 Zone District. Theproperty subject to the application is legally described as Lots 6-9, and a portion of the alley of Block 24, Riverside Addition to the City and Townsite of Aspen. For further information, contact James Lindt at the City of Aspen Communi1:)'Development Department, 130 S. Galena St., Aspen, CO, (970) 429-2763,jamesl@ci.aspen.co.us. s/Helen Kalin Klanderud, Mavor Aspen City Council Published in the Aspen Times on January 29, 2005 City of Aspen Account , / Jam Free Printing Use Averye TEMPLATE 516041 r" - '" - '~ BROWN IRVING M & BARBARA 2600 ISLAND BLVD APT 706 A VENTURA,FL 33160 CHURCHILL AUDREY LEE TRST 4541 BRIGHTON RD CORONA DEL MAR,CA 92625- 3101 COLORADO MTN NEWS MEDIA 500 DOUBLE EAGLE CT RENO,NV 89511 PEARCE VIRGINIA 1195 E COOPER AVE #A ASPEN,CO 81611 ! RICHARD PAUL & DONALD 1707 COLUMBIA RD NW #519 W ASHINGTON,DC 20009 (bAA ROBERT L F AMIL Y I PARTNERSHIP LLLP 500 PATTERSON RD . GRAND JUNCTION,CO 81506 DIRUSSO JOANNA PO BOX 10906 ASPEN,CO 81612 POWER MATTHEW & LEIGH 101 LACET CT ASPEN,CO 81611 BARNHART NORMAN F I 103 LACET CT i ASPEN,CO 81611-2144 i . ITTNER ROBERT A JR & ROBERT A SR PO BOX 8965 ASPEN,CO 81612-8965 e09~5 @A!ElAV \t\ - www.avery.com 1-8OD-GO-AVERY. - SANDLER ELLEN RES TRUST 104 MIDLAND AVE ASPEN,CO 81611 CITY OF ASPEN 130 S GALENA ST ASPEN,CO 81611 , LOCKWOOD DAVID C , PO BOX 1936 , ASPEN,CO 81612 I . DEROSE JAMES F & MAUREEN . C 113 , 439 N WELLS 2ND FLOOR ! CHICAGO,IL 60610 I I " ("FOWLER MARK C i FOWLER PEMILA L - JT TENANTS PO BOX 11060 ASPEN,CO 81612 GREGORICH EDWARD P PO BOX 142 ASPEN,CO 81612 I MASON CHRISTOPHER P 133 KINGS ROW ST CARBONDALE,CO 81623-8832 SETTE CYNTHIA R 102 LACET CT ASPEN,CO 81611 MICCIO KENNETH W 104 LACET CT ASPEN,CO 81611 i YEAGER JAMES W 310 LACET CT ASPEN,CO 81611 A1I3^"-0!)-008'~ WO)'A1aAe'MMM - - ~ AVERY@ 516041 CITY OF ASPEN 130 S GALENA ST ASPEN,CO 8161 I CAVE DERYK REV TRUST PO BOX 11674 ASPEN, CO 81612 MINTZ MENACHEM MENDEL & LIEBA 104 ROBINSON DR ASPEN,CO 81611 RIESSEN MICHAEL TRUST 313 LACET CT ASPEN,CO 81611 LOB DE LIEUNEUVE NICOLAS . PO BOX 2961 . ASPEN,CO 81612 MOHWINKEL CLIFF PO BOX 9457 ASPEN,CO 81611 PIEPHO KARL W PO BOX 10014 ASPEN,CO 81612 MERZBACH NINA PO BOX 3465 ! -ASPEN,CO 81612 . SANDLER LIVING TRUST 8/5/99 , 201 S BURLINGAME AVE LOS ANGELES,CA 90049 550 REDWOOD LLC 601 E HOPKINS STE 201 ASPEN,CO 81611 e09~5 3lVldW31eAlaA" asn 6u!lll!ld aa1~ wer Jam Free Printing Use Avety<<' TEMPlATE 5160. - . JOHNSTONE KYLE PO BOX 7728 ASPEN,CO 81612 BEACH CATHERINE A PO BOX 8432 ASPEN,CO 81612 MCDONALD MAUREEN ! 207 LACET CT ASPEN,CO 81611 , HOWER DALE 1024 E HOPKINS #17 i ASPEN, CO 81611 TARNAGARY , C/O JIM KOHN ESQ i 1925 CENTURY PARK E STE 1600 LOS ANGELES,CA 90067 . KELLEHER DOROTHY ! PO BOX 1 , ASPEN, CO 81612 i \----- .. --- --------- i SOUTHLAND CORP I LA MOTTE CHAMBERS ST HELIER JERSEY CHANNEL ISLANDS JEl lBJ, RK ASPEN LLC 520 E COOPER AVE STE 230-12 i ASPEN,CO 81611 ! i STONE FOWLER P III & RUTH D , 61 I FRED LN ASPEN,CO 81611 ROBINSON ELLIOTT ROBINSON GRETCHEN BIXLER 1245 RIVERSIDE DR ASPEN,CO 81611 GD09~5 @AlIiIAV \tl - www.avery.com 1-80O-GO-AVER'" ",.. "'. - ~- -." SPECK BRIAN D 205 LACET CT ASPEN,CO 81611 SUTHREN MARTIN T 312 LACET CT ASPEN,CO 81611 . TULLAR CHRISTOPHER J 208 LACET CT ASPEN,CO 81611 LEATHERBURY JOAN PO BOX 1420 ASPEN,CO 81612 WINNERMANLAWRENCEJ& LORRIE B 570 SO RIVERSIDE AVE ASPEN,CO 81611 I '>-------- I OATES CHERIE G 1205 RIVERSIDE DR ASPEN,CO 81611 . POLEPOS1TION LTD . LA MOTTE CHAMBERS . ST HELIER JERSEY CHANNEL ISLANDS, JEl IBJ JONES JUDITH G TRUST 1230 RIVERSIDE DR ASPEN,CO 81611 MARCUS JEFFREY A & NANCY C/O MARCUS CABLE 300 CRESCENT CT STE 1350 DALLAS,TX 75201 i! A1I3^V-09-008-~ lUO"ri.n:tAR"MMM - - \i\ AVERV@ 51601ll> JIMENEZ LETITIA M 206 LACET CT ASPEN,CO 81611 ALLEN DOUGLAS P 403 LACET LN ASPEN, CO 81611 ASPEN V ALLEY HOSPITAL DISTRICT 0401 CASTLE CREEK RD ASPEN,CO 81611 CW TRUST C/O ZUKER 406 LACET LN ASPEN,CO 81611-2101 . STOFFEL PAUL T & GAYLE 6117 WESTWICK DALLAS,TX 75209 SEFTON F AMIL Y TRUST 2550 FIFTH AVE STE 808 . SAN DIEGO,CA 92103 PERKlNSPAULETTcD- HEXT THOMAS R 900 OLD CHESTER RD FAR HILLS,NJ 07931 MASON WILLIAM C C/O WALLS GERTA PO BOX 406 ASPEN,CO 81612 POLLOCK PERRY H PO BOX 950 ASPEN,CO 81612 Gi)09L5 3lVldll\l31 Gi)l.JaAV asn 6unuu..I aau UJRt . ItpptlolJd RESOLUTION NO. 19 -,-() , (SERIES OF 2004) C)IA I '2/170CJ A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING COMMISSION RECOMMENDING THAT CITY COUNCIL REZONE 1201 RIVERSIDE DRIVE TO THE R-6 (MEDIUM-DENSITY) ZONE DISTRICT, LOTS 6-9 AND A PORTION OF THE ALLEY, BLOCK 24, RIVERSIDE ADDITION TO THE CITY OF ASPEN, PITKIN COUNTY, COLORADO. " - ".,/ - Parcel ID: 2737-181-00-024 WHEREAS, the Community Development Department received an application from Dale Hower, requesting to rezone 1201 Riverside Drive from the R-15 (Moderate- Density Residential) Zone District to the R-6 (Medium-Density Residential) Zone District; and, WHEREAS, upon review of the application, the applicable code standards, the Community Development Department recommended approval for the proposed rezoning application; and, WHEREAS, the Aspen Planning and Zoning Commission has reviewed and considered the development proposal under the applicable provisions of the Municipal Code as identified herein; and, WHEREAS, during a duly noticed public hearing on May 18, 2004, the Planning and Zoning Commission opened and continued the review of the rezoning request to June 1,2004; and, WHEREAS, during a duly noticed public hearing on June I, 2004, the Planning and Zoning Commission opened and continued the review of the rezoning request to June 15,2004; and, WHEREAS, during a duly noticed public hearing on June 15,2004, the Planning and Zoning Commission opened and continued the review of the rezoning request to July 6, 2004; and, WHEREAS, during a duly noticed public hearing on July 6, 2004, the Planning and Zoning Commission opened and continued the review of the rezoning request to August 17,2004; and, WHEREAS, during a duly noticed public hearing on August 17, 2004, the Planning and Zoning Commission opened and continued the review of the rezoning request to October 19,2004; and, WHEREAS, during a duly noticed public hearing on October 19, 2004, the Planning and Zoning Commission opened and continued the review of the rezoning request to November 16,2004; and, WHEREAS, during a duly noticed public hearing on November 16, 2004, the Planning and Zoning Commission opened and continued the review of the rezoning request to December 7, 2004; and, r-',,", , "'-...T , I WHEREAS, during a duly noticed public hearing on December 7, 2004, the Planning and Zoning Commission approved Resolution No. 19, Series of 2004, by a seven to zero (7-0) vote, recommending that City Council rezone 1201 Riverside Drive to the R -6 Zone District; and, WHEREAS, the Planning and Zoning Commission finds that the development proposal meets or exceeds all applicable development standards and that the approval of the development proposal is consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS, the Planning and Zoning Commission finds that this resolution furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ASPEN PLANNING AND ZONING COMMISSION AS FOLLOWS: Section 1: Pursuant to the procedures and standards set forth in Land Use Section 26.310, Amendments to the Land Use Code and Official Zone District Map, the Planning and Zoning Commission hereby recommends that City Council approve the application to rezone 1201 Riverside Drive to the R-6 (Medium-Density Residential) Zone District. Section 2: All material representations and commitments made by the applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the Planning and Zoning Commission or City Council, are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Section 3: This resolution shall not effect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 4: If any section, subsection, sentence, clause, phrase, or portion of this resolution is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof APPROVED BY the Planning and Zoning Commission of the City of Aspen on this 7th day of December, 2004. APPROVED AS TO FORM: COMMISSION: City Attorney ATTEST: Jackie Lothian, Deputy City Clerk PLANNING AND ZONING Jasmine Tygre, Chair ...... \".; "" 11!. a. j- N () p> LA- \b, \ l L~C; C @ i.J.JA1},A.. tv '. -" MEMORANDUM TO: Aspen Planninlfd Zoning Commission Joyce Allga~~mmunity Development Deputy Director James Lindt, Planner '-...."\ L- 1 Rezoning of 1201 Riverside Drive- Public Hearinl!:. Continued from ..-L--"'A November 16th JHr 1\ DATE: December 7, 2004 THRU: FROM: RE: !1 ApPLICANT tOWNER: Dale Hower LOCATION: 1201 Riverside Drive PARCEL ID NUMBER: 2737-181-00-024 CURRENT ZONING: R-lS (Moderate-Density Residential Zone District) PROPOSED ZONING: R-6 (Medium-Density Residential Zone District) SUMMARY: The Applicant requests to rezone the property located at 1201 Riverside Drive from the R-lS Zone District to the R-6 Zone District in order to construct two (2) detached residential dwelling units rather than a single-family residence on the subject property. ApPROVED AND CURRENT LAND USE: 1201 Riverside Drive currently contains a single-family residence that is zoned R-IS (Moderate-Density Residential). STAFF RECOMMENDA nON: Approval SUMMARY: The Applicant is requesting to rezone 1201 Riverside Drive (see Exhibit "B" for vicinity map) from the R-15 (Moderate-Density Residential) Zone District to the R-6 (Medium- Density Residential) Zone District in order to construct two (2) detached residential structures as is allowed in the R-6 Zone District pursuant to Land Use Code Section 26.710.050, R-6 Medium-Density Residential Zone District. The zoning map originally showed the property as being zoned R-6, and the Applicant designed two (2) detached residential dwelling units for the property and applied for a building permit. However, during the building permit review process for the property, a neighbor contested the zoning of the subj ect parcel contending that the zoning map was in error and that the property was really zoned R-15 in that it had never been rezoned from the R-15 Zone District by approval of an ordinance. Subsequently, the Community Development Director issued a land use code interpretation that established that a property has to be rezoned by ordinance regardless of what the official zone district map indicates for a rezoning to be considered legal. The Applicant appealed ".-.. " $ this interpretation to City Council and City Council upheld the interpretation of the Community Development Director. After the appeal concluded, the Applicant filed a lawsuit against the City and an agreement was reached in which the Applicant was directed to file a rezoning application to rezone the property to the R-6 Zone District. REVIEW PROCEDURE Rezoning (Two Step Review). City Council may approve or deny an application for rezoning, after considering a recommendation from the Planning and Zoning Commission, a recommendation from the Community Development Director, and after considering public comment. STAFF COMMENTS: Rezoning: The subject property abuts land to the south that is zoned R-15 and land to the north that is zoned R-6 (please see zoning map attached as Exhibit "C"). That being the case, Staff does not believe that the proposed rezoning application would be considered "spot zoning", which is discouraged as a method of fundamental planning. Additionally, a large portion of the subject property was not located in the original Riverside Subdivision (please see Exhibit "E" for map identifying the portion of the property that was located in the original Riverside Subdivision), which is the subdivision located to the south of the property and is zoned R-15 in it's entirety. Thus, Staff does not believe that the property has a significant historical relationship with the properties in the R-15 zoned Riverside Subdivision in terms of lot layout and characteristics. In comparing the allowable development rights between the existing and proposed zoning, Staff believes that the proposal to rezone the property will actually reduce the allowable floor area ratio (FAR) that can be constructed on the site. Under the existing R-15 Zone District requirements, the Applicant could only build a single-family residence and it would be allowed a total FAR of about 4,440 square feet. Incidentally, under the proposed R-6 zoning, the Applicant would have the ability to construct two (2) detached single-family residential units or a duplex with a total combined allowable FAR of about 4,390 square feet. Staff also feels that allowing for two (2) smaller residences to be constructed on the property instead of one large house will likely reduce the apparent mass of structures on the site. Additionally, the property is currently non-conforming in relation to it's lot size in that the property is only 14,179 square feet and the existing R-15 zoning has a minimum lot size of 15,000 square feet. The proposed rezoning would bring the lot into zoning conformance with respect to its lot size. Moreover, the proposed rezoning would not create any zoning non-conformity in relation to the existing single-family residence on the property. TRAFFIC GENERATION: Staff does believe that the development potential of the property after the proposed rezoning could allow for development that would increase the amount of traffic on Riverside Drive given that the proposed zoning would allow the Applicant to construct one more residential unit than would be allowed under the existing zoning. However, Staff believes that the 2 c --- , amount of additional traffic provided by the one additional unit allowed under the proposed zoning would be minimal. STAFF RECOMMENDATION: Staff finds that the proposed rezoning application meets or exceeds the requirements set forth in Land Use Code Section 26.310.040, Amendments to the Land Use Code and Official Zone District Map, to approve an amendment to the official zone district map. Staff recommends that the Planning and Zoning forward a recommendation of approval to City Council on the proposed rezoning request. RECOMMENDED MOTION (ALL MOTIONS ARE PROPOSED IN THE AFFIRMATIVE): "I move to approve Resolution No. 19, Series of 2004, recommending that City Council approve the proposed rezoning application to allow for the property at 1201 Riverside Drive, Lots 6-9, and a portion of the alley, Block 24, Riverside Addition to the City and Townsite of Aspen, to be rezoned from the R-15 Zone District to the R-6 Zone District." Attachments: Exhibit A -- Review Criteria and Staff Findings Exhibit B -- Vicinity Map Exhibit C -- Current Zoning Map Exhibit D -- Map Indicating Subdivision Makeup of Property 3 ".-.. \..,. - RESOLUTION NO. 19 (SERIES OF 2004) A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING COMMISSION RECOMMENDING THAT CITY COUNCIL REZONE 1201 RIVERSIDE DRIVE TO THE R-6 (MEDIUM-DENSITY) ZONE DISTRICT, LOTS 6-9 AND A PORTION OF THE ALLEY, BLOCK 24, RIVERSIDE ADDITION TO THE CITY OF ASPEN, PITKIN COUNTY, COLORADO. Parcel ID: 2737-181-00-024 WHEREAS, the Community Development Department received an application from Dale Hower, requesting to rezone 1201 Riverside Drive from the R-15 (Moderate-Density Residential) Zone District to the R-6 (Medium-Density Residential) Zone District; and, WHEREAS, upon review of the application, the applicable code standards, the Community Development Department recommended approval for the proposed rezoning application; and, WHEREAS, the Aspen Planning and Zoning Commission has reviewed and considered the development proposal under the applicable provisions of the Municipal Code as identified herein; and, WHEREAS, during a duly noticed public hearing on May 18, 2004, the Planning and Zoning Commission opened and continued the review of the rezoning request to June I, 2004; and, WHEREAS, during a duly noticed public hearing on June 1, 2004, the Planning and Zoning Commission opened and continued the review of the rezoning request to June 15, 2004; and, WHEREAS, during a duly noticed public hearing on June 15,2004, the Planning and Zoning Commission opened and continued the review of the rezoning request to July 6, 2004; and, WHEREAS, during a duly noticed public hearing on July 6, 2004, the Planning and Zoning Commission opened and continued the review of the rezoning request to August 17, 2004; and, WHEREAS, during a duly noticed public hearing on August 17, 2004, the Planning and Zoning Commission opened and continued the review of the rezoning request to October 19,2004; and, WHEREAS, during a duly noticed public hearing on October 19, 2004, the Planning and Zoning Commission opened and continued the review of the rezoning request to November 16,2004; and, WHEREAS, during a duly noticed public hearing on November 16, 2004, the Planning and Zoning Commission opened and continued the review of the rezoning request to December 7, 2004; and, 4 I"'" \..... " WHEREAS, during a duly noticed public hearing on December 7, 2004, the Planning and Zoning Commission approved Resolution No. 19, Series of2004, by a to _ L-~ vote, recommending that City Council rezone 1201 Riverside Drive to the R-6 Zone District; and, WHEREAS, the Planning and Zoning Commission finds that the development proposal meets or exceeds all applicable development standards and that the approval of the development proposal is consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS, the Planning and Zoning Commission finds that this resolution furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ASPEN PLANNING AND ZONING COMMISSION AS FOLLOWS: Section 1: Pursuant to the procedures and standards set forth in Land Use Section 26.310, Amendments to the Land Use Code and Official Zone District Map, the Planning and Zoning Commission hereby recommends that City Council approve the application to rezone 1201 Riverside Drive to the R-6 (Medium-Density Residential) Zone District. Section 2: All material representations and commitments made by the applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the Planning and Zoning Commission or City Council, are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Section 3: This resolution shall not effect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 4: If any section, subsection, sentence, clause, phrase, or portion of this resolution is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. APPROVED BY the Planning and Zoning Commission of the City of Aspen on this 7th day of December, 2004. APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION: City Attorney Jasmine Tygre, Chair 5 I"'" ....."" ATTEST: Jackie Lothian, Deputy City Clerk ~ 6 c ,........... EXHIBIT A REVIEW CRITERIA & STAFF FINDINGS REZONING FROM THE R-15 (MODERATE-DENSITY RESIDENTIAL) ZONE DISTRICT TO THE R-6 (MEDIUM-DENSITY RESIDENTIAL) ZONE DISTRICT REVIEW CRITERIA & STAFF FINDINGS In reviewing an amendment to the official zone district map, the Planning and Zoning Commission shall consider: A. Whether the proposed amendment is in conflict with any applicable portions of this title. Staff Finding Staff does not feel that the proposed rezoning application is in conflict with any portion of the Land Use Code. Actually, the proposed rezoning will allow for the subject parcel to be brought into conformance with zoning in relation to its minimum lot size. In addition, the proposed rezoning application will not create any zoning non-conformities with respect to the existing residence. Staff finds this criterion to be met. B. Whether the proposed amendment is consistent with all elements of the Aspen Area Comprehensive Plan. Staff Finding Staff believes that the proposed rezoning application is consistent with the Aspen Area Community Plan. The future land use map that is included in the AACP envisions this site a residential property, by which the proposed rezoning is consistent. Additionally, Staff feels that the proposed rezoning would allow for the possibility of having two (2) smaller residences on the property as opposed to one large residence, which would likely break up the apparent mass of structures on the site as is encouraged by the residential design standards that are included in the land use code. Staff finds this criterion to be met. C. Whether the proposed amendment is compatible with surrounding zone districts and land uses, considering existing land use and neighborhood characteristics. Staff Finding The subject property abuts land that is zoned both R-6 and R-15, so the proposed rezoning application would not create spot zoning. Additionally, the allowable FAR for the site would be similar regardless of whether the property is rezoned or not as was detailed in the staff memo. The allowed uses under both the existing and proposed zoning are similar in that they both are primarily intended for the development of single-family and duplex residential development. Staff finds this criterion to be met. D. The effect ofthe proposed amendment on traffic generation and road safety. 7 "...... ....,. ..." Staff Finding Staff does not believe that the proposed rezoning will have a significant effect on traffic generation or road safety because the proposed rezoning would at most add one additional allowed residential unit to the property. Staff finds this criterion to be met. E. Whether and the extent to which the proposed amendment would result in demands on public facilities, and whether the extent to which the proposed amendment would exceed the capacity of such facilities, including, but not limited to, transportation facilities, sewage facilities, water supply, parks, drainage, schools, and emergency medical facilities. Staff Finding Staff does not feel that there will be an increase in the demand for public facilities as a result of the proposed rezoning request. Staff finds this criterion to be met. F. Whether and the extent to which the proposed amendment would result in significant adverse impacts on the natural environment. Staff Finding Staff does not believe that the proposed rezoning application would result in significant adverse impacts on the environment. Staff finds this criterion to be met. G. Whether the proposed amendment is consistent and compatible with the community character in the City of Aspen. Staff Finding Staff believes that the proposed rezoning application is consistent with the community and neighborhood character of the area in that the new zoning would only allow for detached single-family or duplex residential dwelling units as is consistent with the predominant uses in the area. Staff finds this criterion to be met. H. Whether there have been changed conditions affecting the subject parcel or the surrounding neighborhood which support the proposed amendment. Staff Finding Staff has not identified any changed conditions in the neighborhood that would support the proposed amendment; however, the proposed rezoning would correct the existing non- conformity in relation to the property's lot size. Staff finds this criterion to be met. I. Whether the proposed amendment would be in conflict with the public interest, and is in harmony with the purpose and intent of this title. Staff Finding Staff believes that the proposed rezoning application would not be in conflict with the purpose and intent of the land use code or the public interest. In fact, the proposed rezoning application would bring the subject parcel into complete zoning compliance. Staff finds this criterion to be met. 8 Exhibit "B" "-' 1201 Riverside Drive Vicinity Map N 100 I 200 I 400 Feet w E I o s ,......"".... Exhibit . '~iJ '",,.,.. 1201 Riverside Drive Zoning Map N o 175 350 700 1.050 1.400 Feet ,,,",' M~eup of Subject Property Exhibit n.D" N 100 I 200 I 400 Feet w E I o s 0),.,<On "\,-'" ,ll'" 1,1I.bo !" 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Zoning Commission <....JIt A Joyce Allgaier, Interim Community Development Director FROM: James Lindt, Planner ~ RE: Rezoning of 1201 Riverside Drive- Public Hearing, Continued from October 19th DATE: November 16,2004 ApPLICANT /OWNER: Dale Hower LOCATION: 1201 Riverside Drive PARCEL ID NUMBER: 2737-181-00-024 CURRENT ZONING: R-15 (Moderate-Density Residential Zone District) PROPOSED ZONING: R-6 (Medium-Density Residential Zone District) SUMMARY: The Applicant requests to rezone the property located at 1201 Riverside Drive from the R-15 Zone District to the R-6 Zone District in order to construct two (2) detached residential dwelling units rather than a single-family residence on the subject property. APPROVED AND CURRENT LAND USE: 1201 Riverside Drive currently contains a single-family residence that is zoned R-15 (Moderate-Density Residential). STAFF RECOMMENDATION: Approval 'Slt~ The Applicant is requesting to rezone 1201 Riverside Drive (see Exhibit "B" for vicinity map) from the R-15 (Moderate-Density Residential) Zone District to the R-6 (Medium- Density Residential) Zone District in order to construct two (2) detached residential structures as is allowed in the R -6 Zone District pursuant to Land Use Code Section 26.710.050, R-6 Medium-Density Residential Zone District. The zoning map originally showed the property as being zoned R-6, and the Applicant designed two (2) detached residential dwelling units for the property and applied for a building permit. However, during the building permit review process for the property, a neighbor contested the zoning of the subject parcel contending that the zoning map was in error and that the property was really zoned R-15 in that it had never been rezoned from the R-15 Zone District by approval of an ordinance. Subsequently, the Community Development Director issued a land use code interpretation that established that a property has to be rezoned by ordinance regardless of what the official zone district map indicates for a rezoning to be considered legal. The Applicant appealed , this interpretation to City Council and City Council upheld the interpretation of the Community Development Director. After the appeal concluded, the Applicant filed a lawsuit against the City and an agreement was reached in which the Applicant was directed to file a rezoning application to rezone the property to the R -6 Zone District. REVIEW PROCEDURE Rezoning (Two Step Review). City Council may approve or deny an application for rezoning, after considering a recommendation from the Planning and Zoning Commission, a recommendation from the Community Development Director, and after considering public comment. STAFF COMMENTS: Rezoning: The subject property abuts land to the south that is zoned R-15 and land to the north that is zoned R-6 (please see zoning map attached as Exhibit "C"). That being the case, Staff does not believe that the proposed rezoning application would be considered "spot zoning", which is discouraged as a method of fundamental planning. Additionally, a large portion of the subject property was not located in the original Riverside Subdivision (please see Exhibit "E" for map identifying the portion of the property that was located in the original Riverside Subdivision), which is the subdivision located to the south of the property and is zoned R-15 in it's entirety. Thus, Staff does not believe that the property has a significant historical relationship with the properties in the R-15 zoned Riverside Subdivision in terms oflot layout and characteristics. In comparing the allowable development rights between the existing and proposed zoning, Staff believes that the proposal to rezone the property will actually reduce the allowable floor area ratio (FAR) that can be constructed on the site. Under the existing R-15 Zone District requirements, the Applicant could only build a single-family residence and it would be allowed a total FAR of about 4,440 square feet. Incidentally, under the proposed R-6 zoning, the Applicant would have the ability to construct two (2) detached single-family residential units or a duplex with a total combined allowable FAR of about 4,390 square feet. Staff also feels that allowing for two (2) smaller residences to be constructed on the property instead of one large house will likely reduce the apparent mass of structures on the site. Additionally, the property is currently non-conforming in relation to it's lot size in that the property is only 14,179 square feet and the existing R-15 zoning has a minimum lot size of 15,000 square feet. The proposed rezoning would bring the lot into zoning conformance with respect to its lot size. Moreover, the proposed rezoning would not create any zoning non-conformity in relation to the existing single-family residence on the property. TRAFFIC GENERATION: Staff does believe that the development potential of the property after the proposed rezoning could allow for development that would increase the amount of traffic on Riverside Drive given that the proposed zoning would allow the Applicant to construct one more residential unit than would be allowed under the existing zoning. However, Staff believes that the 2 ,"","" ',- ,/ amount of additional traffic provided by the one additional unit allowed under the proposed zoning would be minimal. STAFF RECOMMENDATION: Staff finds that the proposed rezoning application meets or exceeds the requirements set forth in Land Use Code Section 26.310.040, Amendments to the Land Use Code and Official Zone District Map, to approve an amendment to the official zone district map. Staff recommends that the Planning and Zoning forward a recommendation of approval to City Council on the proposed rezoning request. RECOMMENDED MOTION (ALL MOTIONS ARE PROPOSED IN THE AFFIRMATIVE): "I move to approve Resolution No. 19, Series of 2004, recommending that City Council approve the proposed rezoning application to allow for the property at 1201 Riverside Drive, Lots 6-9, and a portion of the alley, Block 24, Riverside Addition to the City and Townsite of Aspen, to be rezoned from the R-15 Zone District to the R-6 Zone District." Attachments: Exhibit A -- Review Criteria and Staff Findings Exhibit B -- Vicinity Map Exhibit C -- Current Zoning Map Exhibit D -- Map Indicating Subdivision Makeup of Property 3 -'"'---'-~"_.~-"""'~-"'-'~'''--'~- .1'''''''"', "'~;" ,~ ,>' ....., RESOLUTION NO. 19 (SERIES OF 2004) A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING COMMISSION RECOMMENDING THAT CITY COUNCIL REZONE 1201 RIVERSIDE DRIVE TO THE R-6 (MEDIUM-DENSITY) ZONE DISTRICT, LOTS 6-9 AND A PORTION OF THE ALLEY, BLOCK 24, RIVERSIDE ADDITION TO THE CITY OF ASPEN, PITKIN COUNTY, COLORADO. ParcelID: 2737-181-00-024 WHEREAS, the Community Development Department received an application from Dale- Hower, requesting to rezone 1201 Riverside Drive from the R-15 (Moderate-Density Residential) Zone District to the R-6 (Medium-Density Residential) Zone District; and, WHEREAS, upon review of the application, the applicable code standards, the Community Development Department recommended approval for the proposed rezoning application; and, WHEREAS, the Aspen Planning and Zoning Commission has reviewed and considered the development proposal under the applicable provisions of the Municipal Code as identified herein; and, WHEREAS, during a duly noticed public hearing on May 18, 2004, the Planning and Zoning Commission opened and continued the review of the rezoning request to June I, 2004; and, WHEREAS, during a duly noticed public hearing on June 1,2004, the Planning and Zoning Commission opened and continued the review of the rezoning request to June 15, 2004; and, WHEREAS, during a duly noticed public hearing on June 15,2004, the Planning and Zoning Commission opened and continued the review of the rezoning request to July 6, 2004; and, WHEREAS, during a duly noticed public hearing on July 6, 2004, the Planning and Zoning Commission opened and continued the review of the rezoning request to August 17, 2004; and, WHEREAS; during a duly noticed public hearing on August 17,2004, the Planning and Zoning Commission opened and continued the review of the rezoning request to October 19,2004; and, WHEREAS, during a duly noticed public hearing on October 192004, the Planning and Zoning Commission approved Resolution No. 19, Series of 2004, by a _ to ~ L-~ vote, recommending that City Council rezone 1201 Riverside Drive to the R-6 Zone District; and, WHEREAS, the Planning and Zoning Commission finds that the development proposal meets or exceeds all applicable development standards and that the approval of the development proposal is consistent with the goals and elements of the Aspen Area Community Plan; and, 4 ".-^.-".-.......---....-. ",..... /'" ......,'" " WHEREAS, the Planning and Zoning Commission finds that this resolution furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ASPEN PLANNING AND ZONING COMMISSION AS FOLLOWS: Section 1: Pursuant to the procedures and standards set forth in Land Use Section 26.310, Amendments to the Land Use Code and Official Zone District Map, the Planning and Zoning Commission hereby recommends that City Council approve the application to rezone 1201 Riverside Drive to the R-6 (Medium-Density Residential) Zone District. Section 2: All material representations and commitments made by the applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the Planning and Zoning Commission or City Council, are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Section 3: This resolution shall not effect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 4: If any section, subsection, sentence, clause, phrase, or portion of this resolution is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. APPROVED BY the Planning and Zoning Commission of the City of Aspen on this 19th day of October, 2004. APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION: City Attorney Jasmine Tygre, Chair ATTEST: Jackie Lothian, Deputy City Clerk 5 ,""" ,~ EXHIBIT A REVIEW CRITERIA & STAFF FINDINGS REZONING FROM THE R-15 (MODERATE-DENSITY RESIDENTIAL) ZONE DISTRICT TO THE R-6 (MEDIUM-DENSITY RESIDENTIAL) ZONE DISTRICT REVIEW CRITERIA & STAFF FINDINGS In reviewing an amendment to the official zone district map, the Planning and Zoning Commission shall consider: A. Whether the proposed amendment is in conflict with any applicable portions of this title. Staff Finding Staff does not feel that the proposed rezoning application is in conflict with any portion of the Land Use Code. Actually, the proposed rezoning will allow for the subject parcel to be brought into conformance with zoning in relation to its minimum lot size. In addition, the proposed rezoning application will not create any zoning non-conformities with respect to the existing residence. Staff finds this criterion to be met. B. Whether the proposed amendment is consistent with all elements of the Aspen Area Comprehensive Plan. Staff Finding Staff believes that the proposed rezoning application is consistent with the Aspen Area Community Plan. The future land use map that is included in the AACP envisions this site a residential property, by which the proposed rezoning is consistent. Additionally, Staff feels that the proposed rezoning would allow for the possibility of having two (2) smaller residences on the property as opposed to one large residence, which would likely break up the apparent mass of structures on the site as is encouraged by the residential design standards that are included in the land use code. Staff finds this criterion to be met. -C. WhetlieFdi:e proposed amendment IS compatIble wItn surroundmgzone districts and land uses, considering existing land use and neighborhood characteristics. Staff Finding The subject property abuts land that is zoned both R-6 and R-15, so the proposed rezoning application would not create spot zoning. Additionally, the allowable FAR for the site would be similar regardless of whether the property is rezoned or not as was detailed in the staff memo. The allowed uses under both the existing and proposed zoning are similar in that they both are primarily intended for the development of single-family and duplex residential development. Staff finds this criterion to be met. D. The effect of the proposed amendment on traffic generation and road safety. 6 <, , Staff Finding Staff does not believe that the proposed rezoning will have a significant effect on traffic generation or road safety because the proposed rezoning would at most add one additional allowed residential unit to the property. Staff finds this criterion to be met. E. Whether and the extent to which the proposed amendment would result in demands on public facilities, and whether the extent to which the proposed amendment would exceed the capacity of such facilities, including, but not limited to, transportation facilities, sewage facilities, water supply, parks, drainage, schools, and emergency medical facilities. Staff Finding Staff does not feel that there will be an increase in the demand for public facilities as a result of the proposed rezoning request. Staff finds this criterion to be met. F. Whether and the extent to which the proposed amendment would result in significant adverse impacts on the natural environment. Staff Finding Staff does not believe that the proposed rezoning application would result in significant adverse impacts on the environment. Staff finds this criterion to be met. G. Whether the proposed amendment is consistent and compatible with the commnnity character in the City of Aspen. Staff Finding Staff believes that the proposed rezoning application is consistent with the community and neighborhood character of the area in that the new zoning would only allow for detached single-family or duplex residential dwelling units as is consistent with the predominant uses in the area. Staff finds this criterion to be met. H. Whether there have been changed conditions affecting the subject parcel or the surroundmg neIghborhood whIch support the proposed amendment. Staff Finding Staff has not identified any changed conditions in the neighborhood that would support the proposed amendment; however, the proposed rezoning would correct the existing non- conformity in relation to the property's lot size<. Staff finds this criterion to be met. I. Whether the proposed amendment would be in conflict with the public interest, and is in harmony with the purpose and intent of this title. Staff Finding Staff believes that the proposed rezoning application would not be in conflict with the purpose and intent of the land use code or the public interest. In fact, the proposed rezoning application would bring the subject parcel into complete zoning compliance. Staff finds this criterion to be met. 7 C ::; Exhibit "B" 1201 Riverside Drive Vicinity Map N .1 o 100 I 200 I 400 Feet w E s C : Exhibit 1201 Riverside Drive Zoning Map ,~'" . .... 175 350 N o 700 1.050 1,400 Feet C J Makeup of Subject Property Exhibit "D'" .. , ! r=..1 .. /" -----. Illl'.... '\ j / \ t l I \ \ \ \ \ \ \ t \ \ \ \ \ i t \ \', I, ..,""' j , , G- ~ N 100 I 200 I 400 Feet w E I o s ADDRESS OF PROPERTY: ATTACHMENT 7 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE R :lIevc;/(1!Q ~V !II! b(/uL( J2{~1 , Aspen, CO SCHEDULED PUBLIC HEARING DATE: ,200_ STATE OF COLORADO ) ) ss. County of Pitkin ) I, J 0 IA./\ -Q _ ~- L,' VI J/-- (name, please print) being or representing an Applicant to the City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) of the Aspen Land Use Code in the following manner: ,L Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen at least fifteen (15) days prior to the public hearing. A copy of the publication is attached hereto \ _ Posting of notice: By posting of notice, w~ich form was obtained fr~ the . Commuruty Development Department, whIch was made of SUItable, waterproof materials, which was not less than twenty-two (22) inches wide and twenty-six (26) inches high, and which was composed of letters not less than one inch in height. Said notice was posted at least fifteen (15) days prior to the public hearing and was continuously visible from the --J(~ day of . , 200_, to and including the date and time of !he public hearing. A photograph of the posted notice (sign) is attached heretq, _ /v.tuL't"'''5 uflLvl;"'l:::. Dy tlH:..'lllaa~l1e, v[ a Hul~l,.,C; ubLa.~lJc;J [.LUlU tLl..- CUll11l1llil~ly Development Department, which contains the information described in Section 26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to the public hearing, notice was hand delivered or mailed by first class postage prepaid U.S. mail to any federal agency, state, county, municipal government, school, service district or other govemmental or quasi -goverllinental agency that owns property within three hundred (300) feet of the property subject to the development application. The names and addresses of property owners shall be those on the current tax records of Pitkin County as they appeared no more than sixty (60) days prior to the date of the public hearing. A copy of the owners and governmental agencies so noticed is attached hereto. (continued on next page) Rezoning or text amendment. Whenever the official zoning district map is in any way to be changed or amended incidental to or as part of a general revision of this Title, or whenever the text of this Title is to be amended, whether such revision be made by repeal of this Title and enactment of a new land use regulation, or otherwise, the requirement of an accurate survey map or other sufficient legal description of, and the notice to and listing of names and addresses of owners of real property in the area of the proposed change shall be waived. However, the proposed zoning map has been available for public inspection in the planning agency during all business hours for fifteen (15) days prior to the public hearing on such amendments. jikAl eJ., .\\ ~ dt / 19nature The foregoing "Affida~it of Notice" wa~owledged befo~~ day of~ ,200~,by ~ L., PU NOTICE RE: 1201 RIVE REZONING NOTICE IS- BY GIVEN that a public hearing will be bel n Tuesday, Nov~mber 16, 2004 afa meetlDg.to gin at 4:30 p.m. before the Aspen Planning -and ZOning Commission, Sister: CIties Room, City Hall, 130 S. Galena St., Aspen, to I consider an appltcatlon. submitted by Dale Hower to rerone the property located at 1201 Riverside i Th:J.ve from- the R-'l5 Zone District to the R-6 Zone r District.. The property subject t<f the application Is legally deambed 2.lI Lots ~9, and a pOrtion 01 the alley of Block 24.- RI: rslde Additiontothe City and ToWnlJlwOf' . For further'1/:I - : - . t James Undt"ar the City 01 Aspeil _ _ _ Ity DeveJopment De- partment, 130 S. -' _ '-, _ t., Aspen, 00, (970) 92()' 5102. jalTlesl@cl.aspen. .us. . sNasmlne Tygre, Chalr Aspen Planning and Zoning CommlSslon Publlshe<j In The Aspen TImes on OCtober 30 I 2004. (2072) - , COPY OF THE PUBLICA110N WITNESS MY HAND AND OFFICIAL SEAL My commission expires: Y I ~31 c::r:=r 'S Notary Public ATTACHMENTS: PHOTOGRAPH OF THE POSTED NOTICE (SIGN) LIST OF TIlE OWNERS AND GOVERNMENTAL AGENCIES NOTICED BY MAIL SANDLER ELLEN RES TRUST 104 MIDLAND AVE ASPEN, CO 81611 CITY OF ASPEN 130 S GALENA ST ASPEN, CO 81611 ,. ^ 1M a)-e.c!) \ o/il- .......~'''' BROWN IRVING M & BARBARA- 2600 ISLAND BLVD APT 706 AVENTURA. FL 33160 , , CHURCHILL AUDREY LEE CITY OF ASPEN CAVE DER YK REV TRUST 4541 BRIGHTON RD 130 S GALENA ST POBOX 11674 CORONA DEL MAR, CA 92625- ASPEN, CO 81611 ASPEN, CO 81612 3101 COLORADO MTN NEWS MEDIA LOCKWOOD DAVID C MINTZ MENACHEM MENDEL & LIEBA PO BOX 272409 PO BOX 1936 104 ROBINSON DR FT COLLINS, CO 80527-2409 ASPEN, CO 81612 ASPEN, CO 81611 PEARCE VIRGINIA DEROSE JAMES F & MAUREEN RIESSEN MICHAEL TRUST C 1/3 1195 E COOPER AVE #A 439 N WELLS 2ND FLOOR 313 LACET CT ASPEN, CO 81611 CHICAGO, IL 60610 ASPEN, CO 81611 FOWLER MARK C LOB DE LIEUNEUVE NICOLAS RICHARD PAUL & DONALD FOWLER PEMILA L - JT 1707 COLUMBIA RD NW #519 TENANTS PO BOX 2961 WASHINGTON, DC 20009 POBOX 11060 ASPEN, CO 81612 ASPEN, CO 81612 ORR ROBERT L F AMIL Y GREGORICH EDWARD P MOHWINKEL CLIFF PARTNERSHIP LLLP PO BOX 142 PO BOX 9457 500 PATTERSON RD ASPEN, CO 81612 ASPEN, CO 81611 GRAND JUNCTION, CO 81506 DIRUSSO JOANNA MASON CHRISTOPHER P PIEPHO KARL W PO BOX 10906 133 KINGS ROW ST PO BOX 2195 ASPEN, CO 81612 CARBONDALE, CO 81623-8832 KIHEIHA 96753 POWER MATTHEW & LEIGH 101 LACET CT ASPEN, CO 81611 SETTE CYNTHIA R 102 LACET CT ASPEN, CO 81611 MERZBACH NINA PO BOX 3465 ASPEN, CO 81612 BARNHART NORMAN F 103 LACET CT ASPEN, CO 81611-2144 MICCIO KENNETH W 104 LACET CT ASPEN, CO 81611 SANDLER LIVING TRUST 8/5/99 201 S BURLINGAME AVE LOS ANGELES, CA 90049 ITTNER ROBERT A JR & ROBERT A SR PO BOX 8965 ASPEN, CO 81612-8965 YEAGER JAMES W 310 LACET CT ASPEN, CO 81611 550 REDWOOD LLC 601 E HOPKINS STE 201 ASPEN, CO 81611 ,....... JOHNSTONE KYLE PO BOX 7728 ASPEN, CO 81612 SPECK BRIAN D 205 LACET CT ASPEN, CO 81611 JIMENEZ LETITIA M 206 LACET CT ASPEN, CO 81611 BEACH CATHERINE A SUTHREN MARTIN T ALLEN DOUGLAS P PO BOX 8432 312 LACET CT 403 LACET LN ASPEN, CO 81612 ASPEN, CO 81611 ASPEN, CO 81611 MCDONALD MAUREEN TULLAR CHRISTOPHER J ASPEN V ALLEY HOSPITAL DISTRICT 207 LACEr CT 208 LACET CT 0401 CASTLE CREEK RD ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81611 HOWER DALE LEATHERBURY JOAN CW TRUST C/O ZUKER 1024 E HOPKINS #17 PO BOX 1420 406 LACET LN ASPEN, CO 81611 ASPEN, CO 81612 ASPEN, CO 81611-2101 TARNA GARY WINNERMAN LAWRENCE J & STOFFEL PAUL T & GAYLE C/O JIM KOHN ESQ LORRIE B 1925 CENTURY PARK E STE 570 SO RIVERSIDE AVE 6117 WESTWlCK 1600 ASPEN, CO 81611 DALLAS. TX 75209 LOS ANGELES, CA 90067 KELLEHER DOROTHY OATES CHERIE G SEFTON F AMIL Y TRUST PO BOX 1 1205 RIVERSIDE DR 2550 FIFTH AVE STE 808 ASPEN, CO 81612 ASPEN, CO 81611 SAN DIEGO, CA 92103 SOUTHLAND CORP POLE POSITION LTD PERKINS PAULETTE D LA MOTTE CHAMBERS LA MOTTE CHAMBERS HEXT THOMAS R ST HELIER JERSEY ST HELIER JERSEY 900 OLD CHESTER RD CHANNEL ISLANDS JEl lBJ CHANNELISLANDSJEllBJ FAR HILLS, NJ 07931 RK ASPEN LLC MASON WILLIAM C C/O WALLS GERTA 520 E COOPER AVE STE 230-12 PO BOX 406 ASPEN, CO 81611 ASPEN, CO 81612 STONE FOWLER PIll & RUTH D JONES JUDITH G TRUST POLLOCK PERRY H 611 FRED LN 1230 RIVERSIDE DR PO BOX 950 ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81612 ROBINSON ELLIOTT REV TR MARCUS JEFFREY A & NANCY ROBINSON GRETCHEN BIXLER C REV TR C/O MARCUS CABLE 1245 RIVERSIDE DR 300 CRESCENT CT STE 1350 ASPEN, CO 81611 DALLAS, TX 75201 /' ., ,..., PUBLIC NOTICE RE: 1201 RIVERSIDE DRIVE REZONING N OTI CE IS HEREBY GIVEN that a public hearing will be held on Tuesday, November 16, 2004 at a meeting to begin at 4:30 p.m. before the Aspen Planning and Zoning Commission, Sister Cities . ~ Room, City Hall, 130 S. Galena St., Aspen, to consider an application submitted by Dale Hower to rezone the property located at 1201 Riverside Drive from the R-15 Zone District to the R-6 Zone District. The property subject to the application is legally described as Lots 0-9, and a portion of the alley of Block 24, Riverside Addition to the City and Townsite of Aspen. For further information, contact James Lindt at the City of Aspen Community Development Department, 130 S. Galena St., Aspen, CO, (970) 920-5102, jamesl@ci.aspen.co.us. - s/Jasmine Tygre, Chair ~ QPpn 'Pl~nnine and..Zoning Commission Published in the Aspen Times on October 30, 2004 City of Aspen Account , ~... ., , MEMORANDUM TO: THRU: FROM: RE: Planning and Zo~ng Commission Joyce AllgaiJ~nterim Community Development Director James Lindt, Planner~L.- Rezoning of 1201 Riverside Drive- Public Hearing, Continued from August 17th DATE: October 19, 2004 ApPLICANT /OWNER: Dale Hower LOCA nON: 120 I Riverside Drive PARCEL ID NUMBER: 2737-181-00-024 CURRENT ZONING: R-lS (Moderate-Density Residential Zone District) PROPOSED ZONING: R-6 (Medium-Density Residential Zone District) SUMMARY: The Applicant requests to rezone the property located at 1201 Riverside Drive from the R-IS Zone District to the R-6 Zone District in order to construct two (2) detached residential dwelling units rather than a single-family residence on the subject property. ApPROVED AND CURRENT LAND USE: 1201 Riverside Drive currently contains a single-family residence that is zoned R-] 5 (Moderate-Density Residential). STAFF RECOMMENDATION: Approval SUMMARY: The Applicant is requesting to rezone 1201 Riverside Drive (see Exhibit "B" for vicinity map) from the R-15 (Moderate-Density Residential) Zone District to the R-6 (Medium- Density Residential) Zone District in order to construct two (2) detached residential structures as is allowed in the R-6 Zone District pursuant to Land Use Code Section 26.710.050, R-6 Medium-Density Residential Zone District. The zoning map originally showed the property as being zoned R-6, and the Applicant designed two (2) detached residential dwelling units for the property and applied for a building permit. However, during the building permit review process for the property, a neighbor contested the zoning of the subject parcel contending that the zoning map was in error and that the property was really zoned R-15 in that it had never been rezoned from the R-15 Zone District by approval of an ordinance. Subsequently, the Community Development Director issued a land use code interpretation that established that a property has to be rezoned by ordinance regardless of what the official zone district map indicates for a rezoning to be considered legal. The Applicant appealed ....., " / " this interpretation to City Council and City Council upheld the interpretation of the Community Development Director. After the appeal concluded, the Applicant filed a lawsuit against the City and an agreement was reached in which the Applicant was directed to file a rezoning application to rezone the property to the R -6 Zone District. REVIEW PROCEDURE Rezoning (Two Step Review). City Council may approve or deny an application for rezoning, after considering a recommendation from the Planning and Zoning Commission, a recommendation from the Community Development Director, and after considering public comment. STAFF COMMENTS: Rezoning: The subject property abuts land to the south that is zoned R-15 and land to the north that is zoned R-6 (please see zoning map attached as Exhibit "C"). That being the case, Staff does not believe that the proposed rezoning application would be considered "spot zoning", which is discouraged as a method of fundamental planning. Additionally, a large portion of the subject property was not located in the original Riverside Subdivision (please see Exhibit "E" for map identifying the portion of the property that was located in the original Riverside Subdivision), which is the subdivision located to the south of the property and is zoned R-15 in it's entirety. Thus, Staff does not believe that the property has a significant historical relationship with the properties in the R-15 zoned Riverside Subdivision in terms of lot layout and characteristics. In comparing the allowable development rights between the existing and proposed zoning, Staff believes that the proposal to rezone the property will actually reduce the allowable floor area ratio (FAR) that can be constructed on the site. Under the existing R-15 Zone District requirements, the Applicant could only build a single-family residence and it would be allowed a total FAR of about 4,440 square feet. Incidentally, under the proposed R-6 zoning, the Applicant would have the ability to construct two (2) detached single-family residential units or a duplex with a total combined allowable FAR of about 4,390 square feet. Staff also feels that allowing for two (2) smaller residences to be constructed on the property instead of one large house will likely reduce the apparent mass of structures on the site. Additionally, the property is currently non-conforming in relation to it's lot size in that the property is only 14,179 square feet and the existing R-15 zoning has a minimum lot size of 15,000 square feet. The proposed rezoning would bring the lot into zoning conformance with respect to its lot size. Moreover, the proposed rezoning would not create any zoning non-conformity in relation to the existing single-family residence on the property. TRAFFIC GENERATION: Staff does believe that the development potential of the property after the proposed rezoning could allow for development that would increase the amount of traffic on Riverside Drive given that the proposed zoning would allow the Applicant to construct one more residential unit than would be allowed under the existing zoning. However, Staff believes that the 2 amount of additional traffic provided by the one additional unit allowed under the proposed zoning would be minimal. STAFF RECOMMENDATION: Staff finds that the proposed rezoning application meets or exceeds the requirements set forth in Land Use Code Section 26.310.040, Amendments to the Land Use Code and Official Zone District Map, to approve an amendment to the official zone district map. Staff recommends that the Planning and Zoning forward a recommendation of approval to City Council on the proposed rezoning request. RECOMMENDED MOTION (ALL MOTIONS ARE PROPOSED IN THE AFFIRMATIVE): "I move to approve Resolution No. 19, Series of 2004, recommending that City Council approve the proposed rezoning application to allow for the property at 1201 Riverside Drive, Lots 6-9, and a portion of the alley, Block 24, Riverside Addition to the City and Townsite of Aspen, to be rezoned from the R-15 Zone District to the R-6 Zone District." Attachments: Exhibit A -- Review Criteria and Staff Findings Exhibit B -- Vicinity Map Exhibit C -- Current Zoning Map Exhibit D -- Map Indicating Subdivision Makeup of Property 3 RESOLUTION NO. 19 (SERIES OF 2004) A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING COMMISSION RECOMMENDING THAT CITY COUNCIL REZONE 1201 RIVERSIDE DRIVE TO THE R-6 (MEDIUM-DENSITY) ZONE DISTRICT, LOTS 6-9 AND A PORTION OF THE ALLEY, BLOCK 24, RIVERSIDE ADDITION TO THE CITY OF ASPEN, PITKIN COUNTY, COLORADO. Parcel ID: 2737-181-00-024 WHEREAS, the Community Development Department received an application from Dale Hower, requesting to rezone 1201 Riverside Drive from the R-15 (Moderate-Density Residential) Zone District to the R-6 (Medium-Density Residential) Zone District; and, WHEREAS, upon review of the application, the applicable code standards, the Community Development Department recommended approval for the proposed rezoning application; and, WHEREAS, the Aspen Planning and Zoning Commission has reviewed and considered the development proposal under the applicable provisions of the Municipal Code as identified herein; and, WHEREAS, during a duly noticed public hearing on May 18,2004, the Planning and Zoning Commission opened and continued the review of the rezoning request to June I, 2004; and, WHEREAS, during a duly noticed public hearing on June 1,2004, the Planning and Zoning Commission opened and continued the review of the rezoning request to June IS, 2004; and, WHEREAS, during a duly noticed public hearing on June 15,2004, the Planning and Zoning Commission opened and continued the review of the rezoning request to July 6, 2004; and, WHEREAS, during a duly noticed public hearing on July 6, 2004, the Planning and Zoning Commission opened and continued the review of the rezoning request to August 17, 2004; and, WHEREAS, during a duly noticed public hearing on August 17, 2004, the Planning and Zoning Commission opened and continued the review of the rezoning request to October 19,2004; and, WHEREAS, during a duly noticed public hearing on October 19 2004, the Planning and Zoning Commission approved Resolution No. 19, Series of 2004, by a _ to _ L-~ vote, recommending that City Council rezone 1201 Riverside Drive to the R-6 Zone District; and, WHEREAS, the Planning and Zoning Commission finds that the development proposal meets or exceeds all applicable development standards and that the approval of the development proposal is consistent with the goals and elements of the Aspen Area Community Plan; and, 4 WHEREAS, the Planning and Zoning Commission finds that this resolution furthers and is necessary for the promotion of public health, safety, and welfare. '-, NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ASPEN PLANNING AND ZONING COMMISSION AS FOLLOWS: Section 1: Pursuant to the procedures and standards set forth in Land Use Section 26.310, Amendments to the Land Use Code and Official Zone District Map, the Planning and Zoning Commission hereby recommends that City Council approve the application to rezone 1201 Riverside Drive to the R-6 (Medium-Density Residential) Zone District. Section 2: All material representations and commitments made by the applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the Planning and Zoning Commission or City Council, are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Section 3: This resolution shall not effect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 4: If any section, subsection, sentence, clause, phrase, or portion of this resolution is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. APPROVED BY the Planning and Zoning Commission of the City of Aspen on this 19th day of October, 2004. APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION: City Attorney Jasmine Tygre, Chair ATTEST: Jackie Lothian, Deputy City Clerk 5 ~-..... ."" .~ , EXHIBIT A REVIEW CRITERIA & STAFF FINDINGS REZONING FROM THE R-15 (MODERATE-DENSITY RESIDENTIAL) ZONE DISTRICT TO THE R-6 (MEDIUM-DENSITY RESIDENTIAL) ZONE DISTRICT REVIEW CRITERIA & STAFF FINDINGS In reviewing an amendment to the official zone district map, the Planning and Zoning Commission shall consider: A. Whether the proposed amendment is in conflict with any applicable portions of this title. Staff Finding Staff does not feel that the proposed rezoning application is in conflict with any portion of the Land Use Code. Actually, the proposed rezoning will allow for the subject parcel to be brought into conformance with zoning in relation to its minimum lot size. In addition, the proposed rezoning application will not create any zoning non-conformities with respect to the existing residence. Staff finds this criterion to be met. B. Whether the proposed amendment is consistent with all elements ofthe Aspen Area Comprehensive Plan. Staff Finding Staff believes that the proposed rezoning application is consistent with the Aspen Area Community Plan. The future land use map that is included in the AACP envisions this site a residential property, by which the proposed rezoning is consistent. Additionally, Staff feels that the proposed rezoning would allow for the possibility of having two (2) smaller residences on the property as opposed to one large residence, which would likely break up the apparent mass of structures on the site as is encouraged by the residential design standards that are included in the land use code. Staff finds this criterion to be met. C. Whether the proposed amendment is compatible with surrounding zone districts and land uses, considering existing land use and neighborhood characteristics. Staff Finding The subject property abuts land that is zoned both R-6 and R-15, so the proposed rezoning application would not create spot zoning. Additionally, the allowable FAR for the site would be similar regardless of whether the property is rezoned or not as was detailed in the staff memo. The allowed uses under both the existing and proposed zoning are similar in that they both are primarily intended for the development of single-family and duplex residential development. Staff finds this criterion to be met. D. The effect of the proposed amendment on traffic generation and road safety. 6 Staff Finding Staff does not believe that the proposed rezoning will have a significant effect on traffic generation or road safety because the proposed rezoning would at most add one additional allowed residential unit to the property. Staff finds this criterion to be met. E. Whether and the extent to which the proposed amendment would result in demands on public facilities, and whether the extent to which the proposed amendment would exceed the capacity of such facilities, including, but not limited to, transportation facilities, sewage facilities, water supply, parks, drainage, schools, and emergency medical facilities. Staff Finding Staff does not feel that there will be an increase in the demand for public facilities as a result of the proposed rezoning request. Staff finds this criterion to be met. F. Whether and the extent to which the proposed amendment would result in significant adverse impacts on the natural environment. Staff Finding Staff does not believe that the proposed rezoning application would result in significant adverse impacts on the environment. Staff finds this criterion to be met. G. Whether the proposed amendment is consistent and compatible with the community character in the City of Aspen. Staff Finding Staff believes that the proposed rezoning application is consistent with the community and neighborhood character of the area in that the new zoning would only allow for detached single-family or duplex residential dwelling units as is consistent with the predominant uses in the area. Staff finds this criterion to be met. H. Whether there have been changed conditions affecting the subject parcel or the surrounding neighborhood which support the proposed amendment. Staff Finding Staff has not identified any changed conditions in the neighborhood that would support the proposed amendment; however, the proposed rezoning would correct the existing non- conformity in relation to the property's lot size.. Staff finds this criterion to be met. I. Whether the proposed amendment would be in conflict with the public interest, and is in harmony with the purpose and intent ofthis title. Staff Finding Staff believes that the proposed rezoning application would not be in conflict with the purpose and intent of the land use code or the public interest. In fact, the proposed rezoning application would bring the subject parcel into complete zoning compliance. Staff finds this criterion to be met. 7 Exhibit liB" '-'" "-..,"'" 1201 Riverside Drive Vicinity Map <;; " m 7 " z C) N 100 I 200 I 400 Feet w E I o s -,~, Exhibit . \~il ....,..."/ ........ 1201 Riverside Drive Zoning Map N o 175 350 700 1,050 1.400 Feet <!'-,...,.... ./"..... Exhibit ".\)" MaReup of Subject Pr~perty o N 100 I 200 I 400 Feet w E I o s ,.' .' -'? ft-.4 /' .'1./ +~ .cPI........ ...' ....1J-rfi. '1.0 ,C)' >- ."........ ~).,,~ /.~.,..,....,J:.",. ./ ,,/ ....r:..y.~~. ./" ./ ~'Q'1--....... ,/ /' ...,~~'I- ./ (,.\......~.,... /' /' / /' /' / / / / / / / / "!""" /' /' /' /' /' /' /' /' /' /' /' /' i 1M "-'!i'oa-.,llll.OlI' ~.Z. "-.US '1~.i s n'SZ'IZ'".'" 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Z~tf~_ Commission Joyce Allgai~unity Development Deputy Director James Lindt, Planner ~ Rezoning of 1201 Riverside Drive- Public Hearing, Continued from June 15th July 6, 2004 APPLICANT /OWNER: Dale Hower LOCATION: 1201 Riverside Drive PARCEL ID NUMBER: 2737-181-00-024 CURRENT ZONING: R-15 (Moderate-Density Residential Zone District) PROPOSED ZONING: R-6 (Medium-Density Residential Zone District) SUMMARY: The Applicant requests to rezone the property located at 1201 Riverside Drive from the R-15 Zone District to the R-6 Zone District in order to construct two (2) detached residential dwelling units rather than a single-family residence on the subject property. APPROVED AND CURRENT LAND USE: 1201 Riverside Drive currently contains a single-family residence that is zoned R-15 (Moderate-Density Residential). STAFF RECOMMENDATION: Approval SUMMARY: The Applicant is requesting to rezone 1201 Riverside Drive (see Exhibit "B" for vicinity map) from the R-15 (Moderate-Density Residential) Zone District to the R-6 (Medium- Density Residential) Zone District in order to construct two (2) detached residential structures as is allowed in the R-6 Zone District pursuant to Land Use Code Section 26.710.050, R-6 Medium-Density Residential Zone District. The zoning map originally showed the property as being zoned R-6, and the Applicant designed two (2) detached residential dwelling units for the property and applied for a building permit. However, during the building permit review process for the property, a neighbor contested the zoning of the subject parcel contending that the zoning map was in error and that the property was really zoned R -15 in that it had never been rezoned from the R -15 Zone District by approval of an ordinance. Subsequently, the Community Development Director issued a land use code interpretation that established that a property has to be rezoned by ordinance regardless of what the official zone district map indicates for a rezoning to be considered legal. The Applicant appealed -'",'-""',-~~"._".." ,~._-",--,~_._..-,~,~.--,.~-,~,~~" '.,. ", ,,' this interpretation to City Council and City Council upheld the interpretation of the Community Development Director. After the appeal concluded, the Applicant filed a lawsuit against the City and an agreement was reached in which the Applicant was directed to file a rezoning application to rezone the property to the R -6 Zone District. REVIEW PROCEDURE Rezoning (Two Step Review). City Council may approve or deny an application for rezoning, after considering a recommendation from the Planning and Zoning Commission, a recommendation from the Community Development Director, and after considering public comment. STAFF COMMENTS: Rezoning: The subject property abuts land to the south that is zoned R-15 and land to the north that is zoned R-6 (please see zoning map attached as Exhibit "C"). That being the case, Staff does not believe that the proposed rezoning application would be considered "spot zoning" , which is discouraged as a method of fundamental planning. Additionally, a large portion of the subject property was not located in the original Riverside Subdivision (please see Exhibit "E" for map identifying the portion of the property that was located in the original Riverside Subdivision), which is the subdivision located to the south of the property and is zoned R-15 in it's entirety. Thus, Staff does not believe that the property has a significant historical relationship with the properties in the R-15 zoned Riverside Subdivision in terms of lot layout and characteristics. In comparing the allowable development rights between the existing and proposed zoning, Staff believes that the proposal to rezone the property will actually reduce the allowable floor area ratio (FAR) that can be constructed on the site. Under the existing R-15 Zone District requirements, the Applicant could only build a single-family residence and it would be allowed a total FAR of about 4,440 square feet. Incidentally, under the proposed R-6 zoning, the Applicant would have the ability to construct two (2) detached single-family residential units or a duplex with a total combined allowable FAR of about 4,390 square feet. Staff also feels that allowing for two (2) smaller residences to be constructed on the property instead of one large house will likely reduce the apparent mass of structures on the site. Additionally, the property is currently non-conforming in relation to it's lot size in that the property is only 14,179 square feet and the existing R-15 zoning has a minimum lot size of 15,000 square feet. The proposed rezoning would bring the lot into zoning conformance with respect to its lot size. Moreover, the proposed rezoning would not create any zoning non-conformity in relation to the existing single-family residence on the property . TRAFFIC GENERATION: Staff does believe that the development potential of the property after the proposed rezoning could allow for development that would increase the amount of traffic on Riverside Drive given that the proposed zoning would allow the Applicant to construct one more residential unit than would be allowed under the existing zoning. However, Staff believes that the 2 -"",,_..-..,"-_..,.~-. ,. ...., ,....,..- amount of additional traffic provided by the one additional unit allowed under the proposed zoning would be minimal. STAFF RECOMMENDATION: Staff finds that the proposed rezoning application meets or exceeds the requirements set forth in Land Use Code Section 26.310.040, Amendments to the Land Use Code and Official Zone District Map, to approve an amendment to the official zone district map. Staff recommends that the Planning and Zoning forward a recommendation of approval to City Council on the proposed rezoning request. RECOMMENDED MOTION (ALL MOTIONS ARE PROPOSED IN THE AFFIRMATIVE): "I move to approve Resolution No. 19, Series of 2004, recommending that City Council approve the proposed rezoning application to allow for the property at 1201 Riverside Drive, Lots 6-9, and a portion of the alley, Block 24, Riverside Addition to the City and Townsite of Aspen, to be rezoned from the R-15 Zone District to the R-6 Zone District." Attachments: Exhibit A -- Review Criteria and Staff Findings Exhibit B -- Vicinity Map Exhibit C -- Current Zoning Map Exhibit D -- Map Indicating Subdivision Makeup of Property 3 "~ ....",.,., RESOLUTION NO. 19 (SERIES OF 2004) A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING COMMISSION RECOMMENDING THAT CITY COUNCIL REZONE 1201 RIVERSIDE DRIVE TO THE R-6 (MEDIUM-DENSITY) ZONE DISTRICT, LOTS 6-9 AND A PORTION OF THE ALLEY, BLOCK 24, RIVERSIDE ADDITION TO THE CITY OF ASPEN, PITKIN COUNTY, COLORADO. ParcelID: 2737-181-00-024 WHEREAS, the Community Development Department received an application from Dale Hower, requesting to rezone 1201 Riverside Drive from the R-15 (Moderate-Density Residential) Zone District to the R-6 (Medium-Density Residential) Zone District; and, WHEREAS, upon review of the application, the applicable code standards, the Community Development Department recommended approval for the proposed rezoning application; and, WHEREAS, the Aspen Planning and Zoning Commission has reviewed and considered the development proposal under the applicable provisions of the Municipal Code as identified herein; and, WHEREAS, during a duly noticed public hearing on May 18, 2004, the Planning and Zoning Commission opened and continued the review of the r~zoning request to June I, 2004; and, WHEREAS, during a duly noticed public hearing on June 1,2004, the Planning and Zoning Commission opened and continued the review of the rezoning request to June 15, 2004; and, WHEREAS, during a duly noticed public hearing on June 15,2004, the Planning and Zoning Commission opened and continued the review of the rezoning request to July 6, 2004; and, WHEREAS, during a duly noticed public hearing on July 6, 2004, the Planning and Zoning Commission approved Resolution No. 19, Series of 2004, by a _ to _ L- ~ . vote, recommending that City Council rezone 1201 Riverside Drive to the R-6 Zone District; and, WHEREAS, the Planning and Zoning Commission finds that the development proposal meets or exceeds all applicable development standards and that the approval of the development proposal is consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS, the Planning and Zoning Commission finds that this resolution furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ASPEN PLANNING AND ZONING COMMISSION AS FOLLOWS: 4 ...,._-'-....-_.'-~_.. . ...... .. -..-...._~'''-,,-".,,--''''-,,- .-,- " "II.;" ./ Section 1: Pursuant to the procedures and standards set forth in Land Use Section 26.310, Amendments to the Land Use Code and Official Zone District Map, the Planning and Zoning Commission hereby recommends that City Council approve the application to rezone 1201 Riverside Drive to the R-6 (Medium-Density Residential) Zone District. Section 2: All material representations and commitments made by the applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the Planning and Zoning Commission or City Council, are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Section 3: This resolution shall not effect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 4: If any section, subsection, sentence, clause, phrase, or portion of this resolution is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. APPROVED BY the Planning and Zoning Commission of the City of Aspen on this 6th day of July, 2004. APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION: City Attorney Jasmine Tygre, Chair ATTEST: Jackie Lothian, Deputy City Clerk 5 -- """,,,J' EXHIBIT A REVIEW CRITERIA & STAFF FINDINGS REZONING FROM THE R-15 (MODERATE-DENSITY RESIDENTIAL) ZONE DISTRICT TO THE R-6 (MEDIUM-DENSITY RESIDENTIAL) ZONE DISTRICT REVIEW CRITERIA & STAFF FINDINGS In reviewing an amendment to the official zone district map, the Planning and Zoning Commission shall consider: A. Whether the proposed amendment is in conflict with any applicable portions of this title. Staff Finding Staff does not feel that the proposed rezoning application is in conflict with any portion of the Limd Use Code. Actually, the proposed rezoning will allow for the subject parcel to be brought into conformance with zoning in relation to its minimum lot size. In addition, the proposed rezoning application will not create any zoning non-conformities with respect to the existing residence. Staff finds this criterion to be met. B. Whether the proposed amendment is consistent with all elements of the Aspen Area Comprehensive Plan. Staff Finding Staff believes that the proposed rezoning application is consistent with the Aspen Area Community Plan. The future land use map that is included in the AACP envisions this site a residential property, by which the proposed rezoning is consistent. Additionally, Staff feels that the proposed rezoning would allow for the possibility of having two (2) smaller residences on the property as opposed to one large residence, which would likely break up the apparent mass of structures on the site as is encouraged by the residential design standards that are included in the land use code. Staff finds this criterion to be met. C. Whether the proposed amendment is compatible with surrounding zone districts and land uses, considering existing land use and neighborhood characteristics. Staff Finding The subject property abuts land that is zoned both R-6 and R-15, so the proposed rezoning application would not create spot zoning. Additionally, the allowable FAR for the site would be similar regardless of whether the property is rezoned or not as was detailed in the staff memo. The allowed uses under both the existing and proposed zoning are similar in that they both are primarily intended for the development of single-family and duplex residential development. Staff finds this criterion to be met. D. The effect of the proposed amendment on traffic generation and road safety. 6 Staff Finding Staff does not believe that the proposed rezoning will have a significant effect on traffic generation or road safety because the proposed rezoning would at most add one additional allowed residential unit to the property. Staff finds this criterion to be met. E. Whether and the extent to which the proposed amendment would result in demands on public facilities, and whether the extent to which the proposed amendment would exceed the capacity of such facilities, including, but not limited to, transportation facilities, sewage facilities, water supply, parks, drainage, schools, and emergency medical facilities. Staff Finding Staff does not feel that there will be an increase in the demand for public facilities as a result of the proposed rezoning request. Staff finds this criterion to be met. F. Whether and the extent to which the proposed amendment would result in significant adverse impacts on the natural environment. Staff Finding Staff does not believe that the proposed rezoning application would result in significant adverse impacts on the environment. Staff finds this criterion to be met. G. Whether the proposed amendment is consistent and compatible with the community character in the City of Aspen. Staff Finding Staff believes that the proposed rezoning application is consistent with the community and neighborhood character of the area in that the new zoning would only allow for detached single-family or duplex residential dwelling units as is consistent with the predominant uses in the area. Staff finds this criterion to be met. H. Whether there have been changed conditions affecting the subject parcel or the surrounding neighborhood which support the proposed amendment. Staff Finding Staff has not identified any changed conditions in the neighborhood that would support the proposed amendment; however, the proposed rezoning would correct the existing non- conformity in relation to the property's lot size. Staff finds this criterion to be met. I. Whether the proposed amendment would be in conflict with the public interest, and is in harmony with the purpose and intent of this title. Staff Finding Staff believes that the proposed rezoning application would not be in conflict with the purpose and intent of the land use code or the public interest. In fact, the proposed rezoning application would bring the subject parcel into complete zoning compliance. Staff finds this criterion to be met. '7 '" Exhibit 'e; 1201 R'rverside Drive Zoning Map N o 175 350 700 1,050 1,400 Feet Ma~up of Subject Pr~perty Exhibit "\)" -~ C) N 100 I 200 I 400 Feet w E I o s ! J.,. ~ ;; ~.; 00- ~~ <.,: -- --' 'i 'ffi ~' , --- "'. J--__-- <.....t... __ ___ Q:'..::: -- .:5~ ~Y'\~( _1'J1C ~ i?J~1~ F~ __ ~~ ~ .11(..... I ,l __ ___ ~ '0.", :"''',,, ",,_ ,'_ ___ ,,___ ~ "'" '~, "''''. '\1' --- '''''''I'~' "I"". ,,' ........ 1.Q'l -"Oro~ ..~ -(, -., - .' 88. ~..t+'''''J ~:;. 0 1:olO' g~;j ; ....0 : -~ ;1 r 1 "aa'o., ";':..,:;,,~;...... "'" ,,' ~"'" ~ n.!'(~ 'tHS '51.,"~ . .... lL $. """--(, : Q Olrc.... 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"...._, '-" TO: THRU: Planning and Zoning Commission Joyce Allgai~imunity Development Deputy Director FROM: James Lindt, Planner ~L RE: Rezoning of 1201 Riverside Drive- Public Hearing, Continued from June 1st DATE: June 15,2004 ApPLICANT /OWNER: Dale Hower LOCATION: 1201 Riverside Drive PARCEL In NUMBER: 2737-181-00-024 CURRENT ZONING: R-15 (Moderate-Density Residential Zone District) PROPOSED ZONING: R-6 (Medium-Density Residential Zone District) SUMMARY: The Applicant requests to rezone the property located at 1201 Riverside Drive from the R- I 5 Zone District to the R-6 Zone District in order to construct two (2) detached residential dwelling units rather than a single-family residence on the subject property. APPROVED AND CURRENT LAND USE: 1201 Riverside Drive currently contains a single-family residence that is zoned R-15 (Moderate-Density Residential). STAFF RECOMMENDATION: Approval SUMMARY: The Applicant is requesting to rezone 1201 Riverside Drive (see Exhibit "B" for vicinity map) from the R-15 (Moderate-Density Residential) Zone District to the R-6 (Medium- Density Residential) Zone District in order to construct two (2) detached residential structures as is allowed in the R-6 Zone District pursuant to Land Use Code Section 26.710.050, R-6 Medium-Density Residential Zone District. The zoning map originally showed the property as being zoned R-6, and the Applicant designed two (2) detached residential dwelling units for the property and applied for a building permit. However, during the building permit review process for the property, a neighbor contested the zoning of the subject parcel contending that the zoning map was in error and that the property was really zoned R-15 in that it had never been rezoned from the R-15 Zone District by approval of an ordinance. Subsequently, the Community Development Director issued a land use code interpretation that established that a property has to be rezoned by ordinance regardless of what the official zone district map indicates for a rezoning to be considered legal. The Applicant appealed P21 II --- ,........ this interpretation to City Council and City Council upheld the interpretation of the Community Development Director. After the appeal concluded, the Applicant filed a lawsuit against the City and an agreement was reached in which the Applicant was directed to file a rezoning application to rezone the property to the R-6 Zone District. REVIEW PROCEDURE Rezoning (Two Step Review); City Council may approve or deny an application for rezoning, after considering a recommendation from the Planning and Zoning Commission, a recommendation from the Community Development Director, and after considering public comment. STAFF COMMENTS: Rezoning: The subject property abuts land to the south that is zoned R-15 and land to the north that is zoned R-6 (please see zoning map attached as Exhibit "C"). That being the case, Staff does not believe that the proposed rezoning application would be considered "spot zoning", which is discouraged as a method of fundamental planning. Additionally, a large portion of the subject property was not located in the. original Riverside Subdivision (please see Exhibit "E" for map identifying the portion of the property that was located in the original Riverside Subdivision), which is the subdivision located to the south of the property and is zoned R-15 in it's entirety. Thus, Staff does not believe that the property has a significant historical relationship with the properties in the R-15 zoned Riverside Subdivision in terms of lot layout and characteristics. In comparing the allowable development rights between the existing and proposed zoning, Staff believes that the proposal to rezone the property will actually reduce the allowable floor area ratio (FAR) that can be constructed on the site. Under the existing R-15 Zone District requirements, the Applicant could only build a single-family residence and it would be allowed a total FAR of about 4,440 square feet. Incidentally, under the proposed R-6 zoning, the Applicant would have the ability to construct two (2) detached single-family residential units or a duplex with a total combined allowable FAR of about 4,390 square feet. Staff also feels that allowing for two (2) smaller residences to be constructed on the property instead of one large house will likely reduce the apparent mass of structures on the site. Additionally, the property is currently non-conforming in relation to it's lot size in that the property is only 14,179 square feet and the existing R-15 zoning has a minimum lot size of 15,000 square feet. The proposed rezoning would bring the lot into zoning conformance with respect to its lot size. Moreover, the proposed rezoning would not create any zoning non-conformity in relation to the existing single-family residence on the property . TRAFFIC GENERATION: Staff does believe that the development potential of the property after the proposed rezoning could allow for development that would increase the amount of traffic on Riverside Drive given that the proposed zoning would allow the Applicant to construct one more residential unit than would be allowed lmder the existing zoning. However, Staff believes that the 2 P22 '," amount of additional traffic provided by the one additional unit allowed under the proposed zoning would be minimal. STAFF RECOMMENDATION: Staff finds that the proposed rezoning application meets or exceeds the requirements set forth in Land Use Code Section 26.310.040, Amendments to the Land Use Code and Official Zone District Map, to approve an amendment to the official zone district map. Staff recommends that the Planning and Zoning forward a recommendation of approval to City Council on the proposed rezoning request. RECOMMENDED MOTION (ALL MOTIONS ARE PROPOSED IN THE AFFIRMATIVE): "I move to approve Resolution No.1!l-, Series of 2004, recommending that City Council approve the proposed rezoning application to allow for the property at 1201 Riverside Drive, Lots 6-9, and a portion of the alley, Block 24, Riverside Addition to the City and Townsite of Aspen, to be rezoned from the R-15 Zone District to the R-6 Zone District." Attachments: Exhibit A -- Review Criteria and Staff Findings Exhibit B -- Vicinity Map Exhibit C -- Current Zoning Map Exhibit D -- Map Indicating Subdivision Makeup of Property 3 P23 II ""'" RESOLUTION NO. li (SERIES OF 2004) A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING COMMISSION RECOMMENDING THAT CITY COUNCIL REZONE 1201 RIVERSIDE DRIVE TO THE R-6 (MEDIUM-DENSITY) ZONE DISTRICT, LOTS 6-9 AND A PORTION OF THE ALLEY, BLOCK 24, RIVERSIDE ADDITION TO THE CITY OF ASPEN, PITKIN COUNTY, COLORADO. ParcellD: 2737-181-00-024 WHEREAS, the Community Development Department received an application from Dale Hower, requesting to rezone 1201 Riverside Drive from the R-15 (Moderate-Density Residential) Zone District to the R-6 (Medium-Density Residential) Zone District; and, WHEREAS, upon review of the application, the applicable code standards, the Community Development Department recommended approval for the proposed rezoning application; and, WHEREAS, the Aspen Planning and Zoning Commission has reviewed and considered the development proposal under the applicable provisions of the Municipal Code as identified herein; and, WHEREAS, during a duly noticed public hearing on May 18, 2004, the Planning and Zoning Commission opened and continued the review of the rezoning request to Jlme 1, 2004; and, WHEREAS, during a duly noticed public hearing on June 1,2004, the Planning and Zoning Commission opened and continued the review of the rezoning request to June 15, 2004; and, WHEREAS, during a duly noticed public hearing on June 15,2004, the Planning and Zoning Commission approved Resolution No. .L:L, Series of 2004, by a _ to _ L- ~ vote, recommending that City Council rezone 1201 Riverside Drive to the R-6 Zone District; and, WHEREAS, the Planning and Zoning Commission [rods that the development proposal meets or exceeds all applicable development standards and that the approval of the development proposal is consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS, the Planning and Zoning Commission finds that this resolution furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ASPEN PLANNING AND ZONING COMMISSION AS FOLLOWS: Section 1: Pursuant to the procedures and standards set forth in Land Use Section 26.310, Amendments to the Land Use Code and Official Zone District Map, the Planning and Zoning Commission hereby recommends that City Council approve the application to rezone 1201 Riverside Drive to the R-6 (Medium-Density Residential) Zone District. 4 P24 r'.... "",,,, Section 2: All material representations and commitments made by the applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the Planning and Zoning Commission or City Council, are hereby incorporated . in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Section 3: This resolution shall not effect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded lmder such prior ordinances. Section 4: If any section, subsection, sentence, clause, phrase, or portion of this resolution is for any reason . held invalid or unconstitutional in a court of competent jurisdiction, . such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof APPROVED BY the Planning and Zoning Commission of the City of Aspen on this 15th day of Jlme, 2004. APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION: City Attorney Jasmine Tygre, Chair ATTEST: JackieLothian, Deputy City Clerk 5 P25 II c"""' "",,", EXHIBIT A REVIEW CRITERIA & STAFF FINDINGS REZONING FROM THE R-15 (MODERATE-DENSITY RESIDENTIAL) ZONE DISTRICT TO THE R-6 (MEDIUM-DENSITY RESIDENTIAL) ZONE DISTRICT REVIEW CRIn:RIA & STAFF FINDINGS In reviewing ,ill amendment to the official zone district map, the Planning and Zoning Commission shall consider: A. Whether the proposed amendment is in conflict with any applicable portions of this title. Staff Finding Staff does not feel that the proposed rezoning application is in conflict with any portion of the Land Use Code. Actually, the proposed rezoning will allow for the subject parcel to be brought into conformance with zoning in relation to its minimum lot size. In addition, the proposed rezoning application will not create any zoning non-conformities with respect to the existing residence. Staff finds this criterion to be met. B. Whether the proposed amendment is consistent with all elements of the Aspen Area Comprehensive Plan. Staff Finding Staff believes that the proposed rezoning application is consistent with the' Aspen Area Community Plan. The future land use map that is included in the AACP envisions this site a residential property, by which the proposed rezoning is consistent. Additionally, Staff feels that the proposed rezoning would allow for the possibility of having two (2) smaller residences on the property as opposed to one large residence, which would likely break up the apparent mass of structures on the site as is encouraged by the residential design' standards that are included in the land use code. Staff finds this criterion to be met. C. Whether the proposed amendment is compatible with surrounding zone districts and land uses, considering existing land use and neighborhood characteristics. Staff Finding The subject property abuts land that is zoned both R-6 and R-15, so the proposed rezoning application would not create spot zoning. Additionally, the allowable FAR for the site would be similar regardless of whether the property is rezoned or not as was detailed in the staff memo. The allowed uses tillder both the existing and proposed zoning are similar in that they both are primarily intended for the development of single-family and duplex residential development. Staff finds this criterion to be met. D. The effect of the proposed amendment on traffic generation and road safety . 6 P26 o ~ Staff Finding Staff does not believe that the proposed rezoning will have a significant effect on traffic generation or road safety because the proposed rezoning would at most add one additional allowed residential unit to the property. Staff finds this criterion to be met. E. Whether and the extent to which the proposed amendment would result in demands on public facilities, and whether the extent to which the proposed amendment would exceed the capacity of such facilities, including, but not limited to, transportation facilities, sewage facilities, water supply, parks, drainage, schools, and emergency medical facilities. Staff Finding . Staff does not feel that there will be an increase in the demand for public facilities as a result of the proposed rezoning request. Staff finds this criterion to be met. F. Whether and the extent to which the proposed amendment would result in significant adverse impacts on the natural environment. Staff Finding Staff does not believe that the proposed rezoning application would result in significant adverse impacts on the environment. Staff finds this criterion to be met. G. Whether the proposed amendment is consistent and compatible with the community character in the City of Aspen. Staff Finding Staff believes that the proposed rezoning application is consistent with the community and neighborhood character of the area in that the new zoning would only allow for detached single-family or duplex residential dwelling units as is consistent with the predominant uses in the area. Staff finds this criterion to be met. H. Whether there have been changed conditions affecting the subject parcel or the surrounding neighborhood whil:h support the proposed amendment. Staff Finding Staff has not identified any changed conditions in the neighborhood that would support the proposed amendment; however, the proposed rezoning would correct the existing non- conformity in relation to the property's lot size. Staff finds this criterion to be met. I. Whether the proposed amendment would be in conflict with the public interest, and is in harmony with the purpose and intent of this title. Staff Finding Staff believes that the proposed rezoning application would not be in conflict with the purpose and intent of the land use code or the public interest. In fact, the proposed rezoning application would bring the subject parcel into complete zoning compliance. Staff finds this criterion to be met. 7 P27 II Exhibit liB" 1201 RivGside Drive Vicini';; Map <: I Riverside Drive o~ N I o w P28 100 I 200 ., I 400 Feet E s J Exhibit 'e' 1201 ~iverside Drive Zoning Map N o 175 350 700 1,050 1,400 Feet P29 II Exhibit liD" MakeC) of Subject Prop:.."'1:y - 0: N I o 100 I 200 I 400 Feet E P30 w s /i'''"J''~,. :: ~~ Y'IIi........... Jl'fJ . ha. .. ~"';li~~~~a~;..-I.~~.;~ 0(1; ~~;~ '.1.'.:::."8 ',- J ...::::d.. 1'(1 coo..(o ..a.~ ".s. 00. J'O~ ~.'<"~~r (""C' .... 8uIl(>U"'L4..o...N4Gt,.r<, J'~.. ""t.. ~':::::l' ~.S1 e... 1~. '" ~ JJ "I. ___" /1" 0" .o::~:. 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":r "- \Q N ':: I :0,.4 , '" ~,::, ...,.;...C'"'" o :::: '-l ...1........~~, ..... :: 1 ' ~.;..~'\. "\. 88 I' ,,/t"..Y. "" , <po..... "HM 1 " "0. n 12:: +,0,., I~: ==~ 10' ,.,.s" gs ~ .....:. I::: .. :f.l,"l.al~" _ w. <" :....~ N ""':.~ .a..ReEl. AREA.. '..179 :!: SQUARE FEET QII O. ]255 ACRtS IMPROVEMENT OF THE & TOPOGRAPHIC SURVEY LANDS OF DALE HOWER AS DESCRIBEO IN THAT CERTAIN OUIT CLAIM OEED RECORDED SEPTEMBER 24. 1998 IN RECEPTION #422358. IN THE OFFICE OF THE PITKIN COUNTY RECORDER (1201 RIVERSIDE DRIVEl .hU.~ - .1'''.' ~ . .' 'f:" 'U~~i1 ~~Lr~~fT=A~~ ....1=:r ..~.. +1",.1 1.""11.. I~.~ ~I' j l'tU !'(GUT... I , 1 : -. 1 , ~ ~; I: I~ 1= I: ~ I; , < . . - . ~ . ~ :: g: - , r , --..~.,'. OCT 1 7 20GO '" A;;::' GA~~t'-SCAK ~ -', ..-..... ..,' ;.~ENT ;.. _ ..i -- i t IN FlU I II"""..' .t1-. ASPEN SCALE: PITKIN COUNTY CQLORAQ{] AUGUST. 2000 1-"8' OATS;, ROBERT C. HUTTON PAOFESS[ONAL LAND SURVEYOR 715 CEWETEIlY \"''''E AS"'EN. CI:J...OR..OO 116'1 1910 I. 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RlIIIUII"<l utllrlYI~lI'11on<Sl'G.lldo'Con1"r".-.dbY'_lno tn. utilITy. . l. " =... ~ r,;; ~.. -;; ~Ol.~ ~ "....~,.-. We. '-" MEMORANDUM TO: THRU: Planning and zonAg Commission Joyce Allgaier~o~unity Development Deputy Director FROM: James Lindt, Planner -::fL- RE: Rezoning of 1201 Riverside Drive- Public Hearing, Continued from May 18th DATE: June 1,2004 ApPLICANT IOWNER: Dale Hower LOCATION: 1201 Riverside Drive PARCEL ID NUMBER: 2737-1 81-00-024 CURRENT ZONING: R-15 (Moderate-Density Residential Zone District) PROPOSED ZONING: R-6 (Medium-Density Residential Zone District) SUMMARY: The Applicant requests to rezone the property located at 1201 Riverside Drive from the R-15 Zone District to the R-6 Zone District in order to construct two (2) detached residential dwelling units rather than a single-family residence on the subject property. ApPROVED AND CURRENT LAND USE: 1201 Riverside Drive currently contains a single-family residence that is zoned R-15 (Moderate-Density Residential). ST AFF RECOMMENDATION: Approval SUMMARY: The Applicant is requesting to rezone 1201 Riverside Drive (see Exhibit "B" for vicinity map) from the R-15 (Moderate-Density Residential) Zone District to the R-6 (Medium- Density Residential) Zone District in order to construct two (2) detached residential structures as is allowed in the R-6 Zone District pursuant to Land Use Code Section 26.710.050, R-6 Medium-Density Residential Zone District. The zoning map originally showed the property as being zoned R-6, and the Applicant designed two (2) detached residential dwelling units for the property and applied for a building permit. However, during the building permit review process for the property, a neighbor contested the zoning of the subject parcel contending that the zoning map was in error and that the property was really zoned R-15 in that it had never been rezoned from the R-15 Zone District by approval of an ordinance. Subsequently, the Community Development Director issued a land use code interpretation that established that a property has to be rezoned by ordinance regardless of what the official zone district map indicates for a rezoning to be considered legal. The Applicant appealed ,.., - this interpretation to City Council and City Council upheld the interpretation of the Community Development Director. After the appeal concluded, the Applicant filed a lawsuit against the City and an agreement was reached in which the Applicant was directed to file a rezoning application to rezone the property to the R-6 Zone District. REVIEW PROCEDURE Rezoning (Two Step Review). City Council may approve or deny an application for rezoning, after considering a recommendation from the Planning and Zoning Commission, a recommendation from the Community Development Director, and after considering public comment. STAFF COMMENTS: Rezoning: The subject property abuts land to the south that is zoned R-15 and land to the north that is zoned R-6 (please see zoning map attached as Exhibit "C"). That being the case, Staff does not believe that the proposed rezoning application would be considered "spot zoning", which is discouraged as a method of fundamental planning. Additionally, a large portion of the subject property was not located in the original Riverside Subdivision (please see Exhibit "E" for map identifying the portion of the property that was located in the original Riverside Subdivision), which is the subdivision located to the south of the property and is zoned R-15 in it's entirety. Thus, Staff does not believe that the property has a significant historical relationship with the properties in the R-15 zoned Riverside Subdivision in terms of lot layout and characteristics. In comparing the allowable development rights between the existing and proposed zoning, Staff believes that the proposal to rezone the property will actually reduce the allowable floor area ratio (FAR) that can be constructed on the site. Under the existing R-15 Zone District requirements, the Applicant could only build a single-family residence and it would be allowed a total FAR of about 4,440 square feet. Incidentally, under the proposed R-6 zoning, the Applicant would have the ability to construct two (2) detached single-family residential units or a duplex with a total combined allowable FAR of about 4,390 square feet. Staff also feels that allowing for two (2) smaller residences to be constructed on the property instead of one large house will likely reduce the apparent mass of structures on the site. Additionally, the property is currently non-conforming in relation to it's lot size in that the property is only 14,179 square feet and the existing R-15 zoning has a minimum lot size of 15,000 square feet. The proposed rezoning would bring the lot into zoning conformance with respect to its lot size. Moreover, the proposed rezoning would not create any zoning non-conformity in relation to the existing single-family residence on the property. TRAFFIC GENERATION: Staff does believe that the development potential of the property after the proposed rezoning could allow for development that would increase the amount of traffic on Riverside Drive given that the proposed zoning would allow the Applicant to construct one more residential unit than would be allowed under the existing zoning. However, Staff believes that the 2 ,...." - amount of additional traffic provided by the one additional unit allowed under the proposed zoning would be minimal. STAFF RECOMMENDATION: Staff finds that the proposed rezoning application meets or exceeds the requirements set forth in Land Use Code Section 26.310.040, Amendments to the Land Use Code and Official Zone District Map, to approve an amendment to the official zone district map. Staff recommends that the Planning and Zoning forward a recommendation of approval to City Council on the proposed rezoning request. RECOMMENDED MOTION (ALL MOTIONS ARE PROPOSED IN THE AFFIRMATIVE): "I move to approve Resolution No. J!l, Series of 2004, recommending that City Council approve the proposed rezoning application to allow for the property at 1201 Riverside Drive, Lots 6-9, and a portion of the alley, Block 24, Riverside Addition to the City and Townsite of Aspen, to be rezoned from the R-15 Zone District to the R-6 Zone District." Attachments: Exhibit A -- Review Criteria and Staff Findings Exhibit B -- Vicinity Map Exhibit C -- Current Zoning Map Exhibit D -- Map Indicating Subdivision Makeup of Property 3 -~~....--.....,..,.~~~"~._--~_...^.,. --_.. "'-""-."-'.,-~~------ , RESOLUTION NO. 13 (SERIES OF 2004) A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING COMMISSION RECOMMENDING THAT CITY COUNCIL REZONE 1201 RIVERSIDE DRIVE TO THE R-6 (MEDIUM-DENSITY) ZONE DISTRICT, LOTS 6-9 AND A PORTION OF THE ALLEY, BLOCK 24, RIVERSIDE ADDITION TO THE CITY OF ASPEN, PITKIN COUNTY, COLORADO. ParcelID: 2737-181-00-024 WHEREAS, the Community Development Department received an application from Dale Hower, requesting to rezone 1201 Riverside Drive from the R-15 (Moderate-Density Residential) Zone District to the R-6 (Medium-Density Residential) Zone District; and, WHEREAS, upon review of the application, the applicable code standards, the Community Development Department recommended approval for the proposed rezoning application; and, WHEREAS, the Aspen Planning and Zoning Commission has reviewed and considered the development proposal under the applicable provisions of the Municipal Code as identified herein; and, WHEREAS, during a duly noticed public hearing on May 18,2004, the Planning and Zoning Commission opened and continued the review of the rezoning request to June I, 2004; and, WHEREAS, during a duly noticed public hearing on June I, 2004, the Planning and Zoning Commission approved Resolution No. _, Series of 2004, by a _ to _ L- ~ vote, recommending that City Council rezone 1201 Riverside Drive to the R-6 Zone District; and, WHEREAS, the Planning and Zoning Commission finds that the development proposal meets or exceeds all applicable development standards and that the approval of the development proposal is consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS, the Planning and Zoning Commission finds that this resolution furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ASPEN PLANNING AND ZONING COMMISSION AS FOLLOWS: Section 1: Pursuant to the procedures and standards set forth in Land Use Section 26.310, Amendments to the Land Use Code and Official Zone District Map, the Planning and Zoning Commission hereby recommends that City Council approve the application to rezone 1201 Riverside Drive to the R-6 (Medium-Density Residential) Zone District. 4 ., Section 2: All material representations and commitments made by the applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the Planning and Zoning Commission or City Council, are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. . Section 3: This resolution shall not effect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 4: If any section, subsection, sentence, clause, phrase, or portion of this resolution is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. APPROVED BY the Planning and Zoning Commission of the City of Aspen on this 1st day of June, 2004. APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION: City Attorney Jasmine Tygre, Chair ATTEST: Jackie Lothian, Deputy City Clerk 5 EXHIBIT A REVIEW CRITERIA & STAFF FINDINGS REZONING FROM THE R-15 (MODERATE-DENSITY RESIDENTIAL) ZONE DISTRICT TO THE R-6 (MEDIUM-DENSITY RESIDENTIAL) ZONE DISTRICT REVIEW CRITERIA & STAFF FINDINGS In reviewing an amendment to the official zone district map, the Planning and Zoning Commission shall consider: A. Whether the proposed amendment is in conflict with any applicable portions of this title. Staff Finding Staff does not feel that the proposed rezoning application is in conflict with any portion of the Land Use Code. Actually, the proposed rezoning will allow for the subject parcel to be brought into conformance with zoning in relation to its minimum lot size. In addition, the proposed rezoning application will not create any zoning non-conformities with respect to the existing residence. Staff finds this criterion to be met. B. Whether the proposed amendment is consistent with all elements ofthe Aspen Area Comprehensive Plan. . Staff Finding Staff believes that the proposed rezoning application is consistent with the Aspen Area Community Plan. The future land use map that is included in the AACP envisions this site a residential property, by which the proposed rezoning is consistent. Additionally, Staff feels that the proposed rezoning would allow for the possibility of having two (2) smaller residences on the property as opposed to one large residence, which would likely break up the apparent mass of structures on the site as is encouraged by the residential design standards that are included in the land use code. Staff finds this criterion to be met. C. Whether the proposed amendment is compatible with surrounding zone districts and land uses, considering existing land use and neighborhood characteristics. Staff Finding The subject property abuts land that is zoned both R-6 and R-15, so the proposed rezoning application would not create spot zoning. Additionally, the allowable FAR for the site would be similar regardless of whether the property is rezoned or not as was detailed in the staff memo. The allowed uses under both the existing and proposed zoning are similar in that they both are primarily intended for the development of single-family and duplex residential development. Staff finds this criterion to be met. D. The effect of the proposed amendment on traffic generation and road safety. 6 Staff Finding Staff does not believe that the proposed rezoning will have a significant effect on traffic generation or road safety because the proposed rezoning would at most add one additional allowed residential unit to the property. Staff finds this criterion to be met. E. Whether and the extent to which the proposed amendment would result in demands on public facilities, and whether the extent to which the proposed amendment would exceed the capacity of such facilities, including, but not limited to, transportation facilities, sewage facilities, water supply, parks, drainage, schools, and emergency medical facilities. Staff Finding Staff does not feel that there will be an increase in the demand for public facilities as a result of the proposed rezoning request. Staff finds this criterion to be met. F. Whether and the extent to which the proposed amendment would result in significant adverse impacts on the natural environment. Staff Finding Staff does not believe that the proposed rezoning application would result in significant adverse impacts on the environment. Staff finds this criterion to be met. G. Whether the proposed amendment is consistent and compatible with the community character in the City of Aspen. Staff Finding Staff believes that the proposed rezoning application is consistent with the community and neighborhood character of the area in that the new zoning would only allow for detached single-family or duplex residential dwelling units as is consistent with the predominant uses in the area. Staff finds this criterion to be met. H. Whether there have been changed conditions affecting the subject parcel or the surrounding neighborhood which support the proposed amendment. Staff Finding Staff has not identified any changed conditions in the neighborhood that would support the proposed amendment; however, the proposed rezoning would correct the existing non- conformity in relation to the property's lot size. Staff finds this criterion to be met. I. Whether the proposed amendment would be in conflict with the public interest, and is in harmony with the purpose and intent of this title. Staff Finding Staff believes that the proposed rezoning application would not be in conflict with the purpose and intent of the land use code or the public interest. In fact, the proposed rezoning application would bring the subject parcel into complete zoning compliance. Staff finds this criterion to be met. 7 _r---' ......... ATTACHMENT 2 -LAND USE APPLICATION APPLICANT: Parcel ill # Name: Location: REPRESENTATIVE: Name: Address: Phone #: PROJECT: Name: Address: Phone #: TYPE OF APPLICATION: (please D Conditional Use D Conceptual POO D Conceptual Historic Devt. D Special Review D Final POO (& POO Amendment) D Final Historic Development D Design Review Appeal D Conceptual SPA D Minor Historic Devt. D GMQS Allotment D Final SPA(& SPA Amendment) .; D Historic Demolition D GMQS Exemption D Suhdivision D Historic Designation D ESA - 8040 Greenline, Stream D Subdivision Exemption (includes D Small Lodge Conversion! Margin, Hallam Lake Bluff, condominiumization) Expansion Mountain View Plane D Lot Split D D Other: D Lot Line Ad'ustment IONS: I Have you attached the following? D Pre-Application Conference Summary D Attachment #1, Signed Fee Agreement D Response to Attachment #3, Dimensional Requirements Form D Response to Attachment #4, Submittal Requirements- Including Written Responses to Review Standards FEES DUE: $ () - ~~f-- All plans that are larger thim 8.5" x 11" must be folded and a floppy disk with an electronic copy of all Written text (Microsoft Word Format) must be submitted as part of the application. RETAIN FOR PERMANENT feECORD """ ,-../ CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT Agreement for Payment of City of Asoe" DeveloDment ADolication Fees CITY OF ASPEN (hereinafter CITY) and (hereinafter APPLICANT) AGREE AS FOLLOWS: 1. (hereinafter, THE PROJECT). 2. APPLICANT understands and agrees that City of Aspen Ordinance No. 57 (Series of 2000) establishes a fee structure for Land Use applications and the payment of all processing fees is a condition precedent to a determination of application completeness. 3. APPLICANT and CITY agree that because of the size, nature or scope of the proposed project, it is not possible at this time to ascertain the full extent of the costs involved in processing the application. APPLICANT and CITY further agree that it is in the interest of the parties that APPLICANT make payment of an initial deposit and to thereafter permit additional costs to be billed to APPLICANT on a monthly basis. '. APPLICANT agrees additional costs may accrue following their hearings and/or approvals. APPLICANT agrees he will be benefited by retaining greater cash liquidity and will make additional payments upon notification by the CITY when they are necessary as costs are incurred. CITY agrees it will be benefited through the greater certainty of recovering its full costs to process APPLICANT'S application. 4. CITY and APPLICANT further agree that it is impracticable for CITY staff to complete processing or present sufficient information to the Planning Commission and/or City Council to enable the Plarming Commission and/or City Council to make legally required findings for project consideration, unless current billings are paid in full prior to decision. 5. Therefore, APPLICANT agrees that in consideration of the CITY's waiver of its right to collect full fees prior to a dOrmination of application completeness, APPLICANT shall pay an initial deposit in the amount of $ which is for _ hours of Community Development staff time, and if actual recorded costs exceed the initial deposit, APPLICANT shall pay additional monthly billings to CITY to reimburse the CITY for the processing of the application mentioned above, including post approval review at a Tate of $205.00 per planner hour over the initial deposit. Such periodic payments shall be made within 30 days of the billing date. APPLICANT further agrees that failure to pay such accrued costs shall be grounds for suspension of processing, and in no case will building permits be issued until all costs associated with case processing have been paid. 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'D' ~> Rt3j~~u~9~~~9~~:~ ~'_~_'"''''''''_'_''''''''' .'_ .,c,...,~__~.." ~+""" - ATTACHMENT 7 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: J 2fl1 R 1\ /~. ~CS I cr2 , c J SCHEDULED PUBLIC HEARING DATE: ,5-//8/ OL;- I I fJ(" , Aspen, CO ,200_ STATE OF COLORADO ) ) 55. Connty of Pitkin ) I, S (name, please print) being representing an Applicant to the City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (~ the Aspen Land Use Code in the following manner: .. Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen at least fifteen (15) days prior to the public hearing. A copy of the publication is attached hereto. ~ Posting of notice: By posting of notice, which form was obtained from the Community Development Department, which was made of suitable, waterproof materials, which was not less than twenty-two (22) inches wide and twenty-six (26) inches high, and which was composed of letters not less than one inch in height. Said notice was posted at least fifteen (15) days pri r to ~ e public hearing and was continuously visible from the2fz day of ,200 1-/, to and including the date and time of the public \ / he ing. A photograph of the posted notice (sign) is attached hereto. L Mailing of notice. By the mailing of a notice obtained from the Community Development Department, which contains the information described in Section 26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to the public hearing, notice was hand delivered or mailed by first class postage prepaid U.S. mail to any federal agency, state, county, municipal government, school, service district or other governmental or quasi -governmental agency that owns property within three hundred (300) feet ofthe property subject to the development application. The names and addresses of property owners shall be those on the current tax records of Pitkin County as they appeared no more than sixty (60) days prior to the date of the public hearing. A copy of the owners and governmental agencies so noticed is attached hereto. (continued on next page) x ---'--- Rezoning or text amendment. Whenever the official zoning district map is in any way to be changed or amended incidental to or as part of a general revision of this Title, or whenever the text of this Title is to be amended, whether such revision be made by repeal of this Title and enactment of a new land use regulation, or otherwise, the requirement of an accurate survey map or other sufficient legal description of, and the notice to and listing of names and addresses of owners of real property in the area of the proposed change. shan be waived. However, the proposed zoning map has been available for public inspection in the planning agency during an business hours for fifteen (15) days prior to the public hearing on such amendments. o/F),/'j CiA. ,.::::(t.vLt';~ ature , ! The for going "Affidavit ofNoti~f was acknowledged qefore me thisc2l3 day of . ,2001-' by ..::TAmE<; LIND-,- . PYBUC NOTICE \ RE:. 1201 RlVERSm~ORIYE;RtZONKJ \ NOTICE IS HERE8 ~ that a publ~hearing w1l1behelrlonM 8,~lXlt-ata~to.beg\n, at 4:30 ,P.M. beta, , ,Aspen PJanWng .and Ion:':, I Ing Commission, ,CItte$ R~III'; gty, HitlVI30. S. Galena 'Street, to consider aJi._~0fl.~ mltted_ by Dale Hower reQUll!8tIn~~.,e,. zQJle the property locatedat'1201~e'l,)iWe from the R-15 (Moderat&Dena~';~~daI), i ZQrIe D1_strict to the R-6, (MedJ~, ~i' I dentlal) Zone District. TbesubJeCi ~_li-Je.. ' gaDy described as LotsiapcirtlOnoilbe al- ley, Block 24, R1versld A4dItlOn ~ #it CIty .arid Townsite of Aspen _~e, For further Informat _act __lJndt at the City of Aspen C ~t De- pMlm.nl. 130 Soulh "'!. St... CQ (918) COPY OF THE PUBLICATION 921}.5095 JameslOcl ~c:o WI :.:;;..\tj',:. s/J~CbaIt P"bllsh'" ~:;,:':=~:~ l;;;,fOTOGRAPH OF THE POSTED NOTICE (SIGN) (1461) 4 //=t/ZtJor . " - ATTACHMENTS: LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED BY MAIL BROWN IRVING M & BARBARA, / SANDLER ELLEN RES TRUST CITY OF ASPEN J 104 MIDLAND AVE 130 S GALENA ST 2600 ISLAND BLVD APT 706 ASPEN, CO 81611 ASPEN, CO 81611 AVENTURA, FL 33160 CHURCHILL AUDREY LEE CITY OF ASPEN CAVE DERYK TRUSTEE TRST 130 S GALENA ST POBOX 11674 6211/2 CARNATION AVE ASPEN, CO 81611 ASPEN, CO 81612 CORONA DEL MAR, CA 92625- 2018 COLORADO MTN NEWS MEDIA LOCKWOOD DAVID C MINTZ MENACHEM MENDEL & PO BOX 272409 PO BOX 1936 LIEBA FT COLLINS, CO 80527-2409 ASPEN, CO 81612 104 ROBINSON DR ASPEN, CO 81611 WISH JERROLD A DEROSE JAMES F & MAUREEN RIESSEN MICHAEL TRUST 245 NORTH COCONUT LANE C 1/3 313 LACET CT MIAMI BEACH, FL 33139 439 N WELLS 2ND FLOOR ASPEN, CO 81611 CHICAGO, IL 60610 RICHARD PAUL & DONALD FOWLERMARKC LOB DE LIEUNEUVE NICOLAS 1707 COLUMBIA RD NW #519 FOWLER PEMILA L - JT E WASHINGTON, DC 20009 TENANTS PO BOX 2961 PO BOX 11060 ASPEN, CO 81612 ASPEN, CO 81612 ORR ROBERT L F AMIL Y GREGORICH EDWARD P MOHWINKEL CLIFF PARTNERSHIP LLLP PO BOX 142 2363 PEACHTREE LN 500 PATTERSON RD ASPEN, CO 81612 SAN JOSE, CA 95128 GRAND JUNCTION, CO 81506 LUU TONY MASON CHRISTOPHER P PIEPHO KARL W PO BOX 795 144 NAVAJO PO BOX 2195 ASPEN, CO 81612 CARBONDALE, CO 81623 KIBEI, HA 96753 POWER MATTHEW & LEIGH 101 LACET CT ASPEN, CO 81611 SETTE CYNTHIA R 102 LACET CT ASPEN, CO 81611 MERZBACH NINA PO BOX 3465 ASPEN, CO 81612 BARNHART NORMAN F 103 LACET CT ASPEN, CO 81611-2144 BAXTER KAREN POBOX 3441 BASALT, CO 81621-3441 SANDLER LIVING TRUST 8/5/99 201 S BURLINGAME AVE LOS ANGELES, CA 90049 ITTNER ROBERT A JR & ROBERT A SR PO BOX 8965 ASPEN, CO 81612-8965 YEAGER JAMES W 1220 SNOWBUNNY LN ASPEN, CO 81611 ANTONIDES JAMES A PO BOX 67 SNOWMASS, CO 81654 JOHNSTONE KYLE PO BOX 7728 ASPEN, CO 81612 BEACH CATHERINE A PO BOX 8432 ASPEN, CO 81612 MCDONALD MAUREEN 207 LACET CT ASPEN, CO 81611 HOWER DALE 1024 E HOPKINS #17 ASPEN, CO 81611 TARNA GARY C/O JIM KOHN ESQ 10940 WILSHIRE BLVD # 1500 LOS ANGELES, CA 90024 KELLEHER DOROTHY PO BOX I ASPEN, CO 81612 SOUTHLAND CORP LA MOTTE CHAMBERS ST HELIER JERSEY CHANNEL ISLANDS JEl lBJ, RK ASPEN LLC 4882 W ROOSEVELT PHOENIX, AZ 85043 STONE FOWLER P III & RUTH D 611 FREDLN ASPEN, CO 81611 ROBINSON ELLIOTT & GRETCHEN 1245 RIVERSIDE DR ASPEN, CO 81611 SPECK BRIAN D 205 LACET CT ASPEN, CO 81611 SUTHREN MARTIN T 312 LACET CT ASPEN, CO 81611 TULLAR CHRISTOPHER J 208 LACET CT ASPEN, CO 81611 LEATHERBURY JOAN PO BOX 1420 ASPEN, CO 81612 WINNERMAN LAWRENCE J & LORRIE B 570 SO RIVERSIDE AVE ASPEN, CO 81611 OATES CHERIE G 1205 RIVERSIDE DR ASPEN, CO 81611 POLE POSITION L TD LA MOTTE CHAMBERS ST HELIER JERSEY CHANNEL ISLANDS, JEl IBJ JONES JUDITH G TRUST i230 RIVERSIDE DR ASPEN, CO 81611 MARCUS JEFFREY A & NANCY C C/O MARCUS CABLE 300 CRESCENT CT STE 1350 DALLAS, TX 75201 JIMENEZ LETITIA M 206 LACET CT ASPEN, CO 81611 ALLEN DOUGLAS P 520 E COOPER AVE STE 230 ASPEN, CO 81611 ASPEN VALLEY HOSPITAL DISTRICT 0401 CASTLE CREEK RD ASPEN, CO 81611 C W TRUST C/O ZUKER 406 LACET LN ASPEN, CO 81611-2101 STOFFEL PAUL T & GAYLE 6117 WESTWICK DALLAS, TX 75209 SEFTON F AMIL Y TRUST 2550 FIFTH AVE STE 808 SAN DIEGO, CA 92103 WALKER CHARLES F 2320 CEDAR ELM TER WESTLAKE, TX 76262-9030 MASON WILLIAM C C/O WALLS GERTA PO BOX 406 ASPEN, CO 81612 POLLOCK PERRY H PO BOX 950 ASPEN, CO 81612 . . PUBLIC NOTICE RE: 1201 RIVERSIDE DRIVE REZONING NOTICE IS HEREBY GIVEN that a public hearing will be held on May 18, 2004 at a meeting to begin at 4:30 P.M. before the Aspen Planning and Zoning Commission, Sister Cities Room, City Hall, 130 S. Galena Street, to consider an application submitted by Dale Hower requesting approval to rezone the property located at 1201 Riverside Drive from the R-15 (Moderate-Density Residential) Zone District to the R-6 (Medium-Density Residential) Zone District. The subject property is legally described as Lots 6-9 and a portion of the alley, Block 24, Riverside Addition to the City and Townsit~ of Aspen. For further information contact James Lindt at the City of Aspen Community Development Department, 130 South Galena St., Aspen, CO (970) 920-5095. jamesllalci.aspen.co.us S/Jasmine Tygre, Chair Aspen Planning and Zoning Commission Published in the Aspen Times on May 1,2004 City of Aspen Account ....~ , ,-, - , " ",..,..... "'-" 1201 Riverside Drive FAR Comparision Address Existing FAR 1215 Riverside Drive 2,290 SF 1225 Riverside Drive 3,204 SF 1235 Riverside Drive 2,854 SF 1240 Riverside Drive 4,132 SF 407 Lacet Lane 3,252 SF 411 Lacet Lane 3,424 SF 415 Lacet Lane 3,600 SF .......'" ... RelZular MeetinlZ - Aspen City Council June 24, 2002 clerk in Lakewood, Colorado, for 10 years and who has conducted at least 6 other protest hearings ln cities around the state. Councilman Semrau moved to approve the appointment of Karen Goldman as protest hearing officer; seconded by Councilman McCabe. All in favor, with the exception of Councilman Paulson. Motion carried. APPEAL OF DALE HOWER FROM A ZONE DISTRICT INTERPRETATION John Worcester, city attorney, told Council this code appeal is from an interpretation he authored, which was signed by the community development director. Worcester has engaged Tom Smith to act as counsel to the Council. Worcester will be acting as a proponent of the code interpretation on behalf of staff. Mayor Klanderud noted she lives on Riverside Drive and did go to view this property. Mayor Klanderud said she is not sure whether she was in office at the time or not. Mayor Klanderud asked the appellant if she would like the Mayor to recuse herself. Cindy Tester, representing Ms. Hower, said they would like the Mayor to sit. Mayor Klanderud submitted a letter from Lorrie Winnerman. Tom Smith, counsel, said this appeal is a letter from Dale Hower, dated April 26, 2002, including attachments. Smith said the procedures for this appeal come from the Municipal Code, 26.306, Interpretations of Title. There was an initial decision on the zoning of this property October 26, . 2000, which was confirmed November 22, 2000. There was an appeal filed by Cherie Oates November 27, 2000, from the determination that R-6 zoning applied to this property. Smith noted this appeal was scheduled before Council in December 2000, and it was continued indefinitely for mediation. Smith said in December 2000, a copy of a zoning map was presefited as evidence. Smith said mediation did not work and the city received a letter from Ms. Hower. Smith told Council this appeal hearing is based on the record. Cindy Tester, attorney for Dale Hower, pointed out Ms. Hower's letter of April 22, 2002, requested Council reverse the zoning interpretation submitted by staff because of a denial of due process, because staff exceeded its jurisdiction and because there has been an abuse of discretion. Ms. Hower further requests Worcester's memorandum of AprilS, 2002, be expunged from the record as it was not properly submitted to the City 1 I ,..., Rel!ular Meetinl! - Aspen City Council June 24. 2002 Council and that it has prejudiced the City Council. Ms. Testerrequested Council rely on the initial zoning interpretation drafted by Julie Ann Woods October 26, 2000 and reaffirmed November 18, 2000. Ms. Tester agreed the standards for this proceeding is 26.306.010, which indicate that the community development department shall maintain an official record of all interpretations of the zoning code. If someone questions their zoning, they ask for a zoning interpretation from community development department. Ms. Hower met with Julie Ann Woods and Fred Jarman and a zoning interpretation was tendered. The stafflooked at the zoning maps of 1963, 1967, through 2000, and issued a decision that Ms. Hower's property was zoned R-6. Ms. Tester cited 26.316.030(a) that an individual has 14 days to object to any zoning interpretation. Ms. Tester stated there has been no appeal of the October 26, 2000, zoning interpretation. If an appeal was not made, the Council does not have subject matter jurisdiction to hear this issue. Following the October 26, 2000, memorandum written by the planning department, a zoning interpretation was requested by the adjacent landowner, Cherie Oates, who requested an interpretation of the zoning district on November 8,2000. On November 22,2000, Ms. Oates was given the answer that this is R-6 zoning, which allows for duplexes. There was an appeal filed by the Oates November 27. Ms. Oates found documents in the newspaper archives showing the zoning as R-15. This occurred after Ms. Hower had been told twice in writing that she had R-6 zoning. December 18, 2000, the appeal filed by the Oates was in front of Council and was continued to try and resolve this through mediation. Ms. Tester pointed out there were at least 3 ordinances passed in the last 10 years that would have repealed and reenacted the zoning and would have reaffirmed R-6 zoning on Ms. Hower's property. These ordinances are #5, 1988; #15,1988, and#IO, 1999. Ms. Tester noted according to the appeal procedure, 26.316.030, the decision making body authorized to hear the appeal shall follow the general hearing procedures set forth in 26.304.060(c). Ms. Tester said that section indicates any person may appear at a public hearing and submit evidence. Ms. Tester said if Council allows anyone other than herself to speak, then everyone 12 ....'-"" . ..."" Rel!ular MeetIlll! Aspen City Council June 24. 2002 should be allowed to speak. Mayor Klanderud said Council should hear only from people who have a specific interest in this parcel. Ms. Tester reiterated this is a moot issue; there was never an appeal filed and Ms. Hower has vested rights when no appeal was filed within 14 days. Ms. Tester said Ms. Hower was told both orally and in writing by city staff that she had R-6 zoning. There is case law supporting Ms. Hower's position. An individual has the right to rely on the statements made to them by staff when the statements are within staffs authority. Ms. Tester said the Oates found an old zoning map in the archives; however, one cannot be expected to go through archives to find out what the zoning is on their property. Ms. Tester said people need to be able to rely, as a matter of policy, on what the city tells them. Ms. Tester asked Council to look at both the procedural and substantive standpoint as well as a fairness standpoint. Worcester stated the issue before Council is what is the proper zoning for this parcel, which is what his memorandum on the code interpretation addresses. Worcester noted he does not typically write code interpretations. The people who work with the codes on a daily basis should do these. The community development department wrote the October and November 2000 memoranda. Worcester told Council the parties met in mediation and spent almost a year trying to get to a resolution. The appeal in December was from the Oates. Before that appeal was held staff changed their mind. Worcester said after the staff changed their mind because of new evidence, there was no incentive from the Oates to pursue the appeal. Worcester said he heard from Ms. Hower's attorney that he should write a code interpretation so that Ms. Hower could appeal that. Worcester said he wrote that interpretation so that the issue could get before Council. Worcester told Council the community development director read and signed off on his interpretation. Worcester reminded Council the original interpretation was that the property should be R-6. The community development department had maps going back to the original annexation. Staff had the original annexing and zoning ordinance; however, the map could not be found. \Vhen the original code interpretation was issued, staff only had the old zoning maps. Worcester showed Council where the Hower property is located and where the Oates house is. Worcester presented city of Aspen zoning maps from April 1967 to 1968 showing the Hower property is in an R-15 zone district. The next exhibit 13 ..., - Rel!ular Meetinl! - Aspen City Council June 24, 2002 . shows the property from 1963 to 1974 was zoned R-15. The 1975 zoning map shows the zoning for this parcel was also R-15 and this exhibit has a dark line running through the Hower property. Worcester said he feels this is where the error was made. Worcester said this official zone district map shows the zone cutting through the middle of the property, part of it is R-6 and part of it is R-15 . Worcester presented a later zone district map showing this parcel to be both R-t5 and R-6. When the GIS maps were created, staff used the most current zoning map and continued dividing the property by two-zone districts. Worcester said exhibit 2 was attached to the original rezoning when this property was first annexed into the city and shows the property to be R -15. Worcester told Council when the appeal was brought before them in December of2000, staff had just seen the original map. This was the first time staff could determine what legislative action Council took to zone the property. Worcester said there is no evidence in the city records that this property was zoned anything other than R-15 from the original map. All the early zoning maps show R-tS. Worcester agreed the code states the zoning map is the official zoning of a property; however, the city code also states the only way properties can be rezoned is through a process by which the entire city has notice, including the neighbors. Worcester said this property was not rezoned through an official process. Worcester stated the proper zone for this property is the initial zoning, R-15. Worcester noted counsel for Ms. Hower has made an argument for equitable estoppel, if a person relies upon advice given by a staff member, they ought to be able to rely on that information. Worcester said this is a court created equitable relief and Ms. Hower may be entitled to that. Worcester stated Council is not the body to grant that relief. The only decision Council can make is what is the proper zoning for this particular parcel of land. Worcester agreed with counsel that people should be able to rely on the process. The city's land use code sets forth a process, which requires someone to go through a lengthy process to rezone property. A mistake by city staff ought not to be held to be the same as that process. Councilman Hershey agreed the city ought not to abort the required zoning process for a mistake made by a city staff member. Ms. Tester said this is not a rezoning issue; it is an estoppel issue and an equitable issue. Individuals should not have to worry about mistakes made by sticky tape on a zoning map. Councilman Hershey noted the neighbors 14 ~"'.. Re2ular Meetin2 - June 24. 2002 Aspen City Council rely on what the zoning is and they have not had a chance to comment on this issue through the public hearing process. Ms. Tester pointed out there were letters and conversations between Ms. Hower and staff on the zoning ofthis property. Mayor Klanderud asked if Ms. Tester agreed that the estoppel issue is a Court issue. Ms. Tester said she does not agree as that would deprive the City Council of the ability to decide constitutional issues and to decide issues of due process, and to insure people are treated fairly and justly. Ms. Tester pointed out the city's code states the community development department will render an opinion on zoning interpretations, not the city attorney. This is an example of exceeding jurisdiction. Mayor Klanderud said Council often receives memoranda from the city attorney on his opinion about various city matters. Julie Ann Woods, community development department, said she signed the memorandum referred to and agrees with what Worcester has told Council. Councilman Hershey reiterated the city code has a system for zoning and rezoning. Residents, neighbors, real estate agents, developers all rely on that. When property is zoned there has to be a public hearing, there has to be notice in newspapers, there are two appearances before Council on zoning or rezoning. Councilman Hershey said granting whatMs. Hower wants would be short-circuiting the process. Councilman Semrau asked how much reliance a citizen can have on written communication on zoning from the staff. Worcester said staff has struggled with this, has recognized an error was made, and has attempted to be fair to Ms. Hower and to the affected neighbors. Worcester said a Court may say there is no reliance until a building permit is issued. A building permit was not issued in this case. Worcester said the issue before Council is what is the proper zoning for this parcel today. Councilman Semrau said generally people rely on the zoning officer before purchasing property. Worcester answered there is no evidence in this record to indicate Ms. Hower relied on anything staff said prior to purchasing the property. Smith stated the record before Council is incomplete to make a determination whether equitable estoppel should apply. Smith reminded Council they are looking at an appeal from a decision made by staff and the only staff decision was interpreting the code, not on dealing with equitable estoppel. 15 """'-" Re2ular Meetin2 ...... Aspen Citv Council . June 24. 2002 Mayor Klanderud said she chooses not to open this to public comment as Council is sitting in a quasi-judicial capacity. Mayor Klanderud said Council is deciding upon the record and ifthere were any additional evidence, this should have been in the record. Ms. Tester noted the city's code 26,304.060 (c), general hearing procedures would allow comments from the public. Mayor Klanderud said this is not mandatory. Councilman Paulson said he would like to continue this until any missing evidence is part of the record. Councilman Paulson moved to hear public on this issue. Motion DIES for lack of a second. Ms. Tester said it was her understanding in 26.304.060 that all public would have a right to speak. Smith told Council he said there would not be testimony; the hearing was for the purpose of summarizing the facts of record. Ms. Tester told Council there is a provision in the city's code that to the extent there might be additional information, there can be an offer of proof made to Council to decide whether they want to receive that information. Smith pointed out the appeal by Cherie Oates was made November 27, 2000, on a November 22, 2000 decision. This matter was continued and not resolved. Councilman Hershey moved to suspend the rules and extend the meeting to 10:00 p.m.; seconded by Councilman McCabe. All in favor, motion carried. Smith said there have not been vested rights. Vested rights means a building permit was issued for approval of construction. Under Colorado law, one does not get vested rights without getting a building permit or a site specific development plan approval. The appropriate motion would be to confirm or to reject the interpretation of the applicable zoning as reflected in the April 8th memorandum and whether or not to grant relief based on the issue of equitable estoppel. Councilman Hershey said people have a right to rely on what staff tells them; however, the equity relates to everyone, not just the appellant. Councilman Hershey said if Council were to grant relief, they would be thumbing their nose at the entire zoning code and procedures on which the community relies. Councilman Hershey said he would support affirming 16 of'6'...., Rel!ular Meetinl! - Aspen Citv Council June 24, 2002 staffs decision that the property is zoned R-15 and rejected relief for equitable estoppel. Councilman Hershey moved to affirm the city staffs decision that this is R- 15 and to reject their relieffor equitable estoppel by changing the zoning to R-6; seconded by Councilman McCabe. Councilman Semrau noted the city's code states the zoning map is the zoning; it also states zoning is done by ordinance. The planners tell citizens what the zoning is. At some point, there has to be reliance on the city. Mayor Klanderud said one key issue to her is that this conflict was known as early as December 2000, when it went to mediation. Councilman Semrau said it is unfathomable to expect citizens to go back and check zoning maps. Worcester agreed with these concerns; however, there is a remedy through the courts or submitting to the city request for damages. Worcester reiterated the question before Council is what is the proper zoning. Councilman Hershey said given the city code, this property is properly zoned R-15. Councilman McCabe said this is very difficult because there are conflicting standards, the zoning map and requirement for ordinances. Councilman McCabe said based on the narrow interpretation, he would have to support R -IS zoning. Councilman Semrau said this is too narrow of an interpretation and he would support a more broad interpretation. Smith said the basic rules of statutory construction is that Council needs to look at the provisions in their code as a whole and an effort should be made not to view them as inconsistent but to harmonize them as much as possible. Council should view these two positions, the requirement of an ordinance to enact zoning changes versus the zoning map, and make an effort to give them both meaning and try and make them compatible. If it is not possible, Council should decide how the underlying intent of Aspen's land use regulations is best served by honoring one over the other. Roll eall vote; Councilmembers Semrau, no; Hershey, yes; Paulson, no; McCabe, yes; Mayor Klanderud, yes. Motion earned. APPEAL OF POPSICLE VENDING 17 ,,-.. "-_..J SETTLEMENT AGREEMENT AND MUTUAL RELEASE THIS SETTLEMENT AGREEMENT AND MUTUAL RELEASE (the "Release") is entered into this _ day of November, 2004, by and among Cherie G. Oates, Leonard M. Oates, Dale Hower, and the City of Aspen and the City Council of the City of Aspen ("City"). Each of the individuals and entities listed in the preceding sentence is a "Party" and collectively they are the "Parties." Whereas, Dale Hower ("Hower") owns improved real property within the City with a legal description of Lots 6, 7 and 8, Block 24, Riverside Addition and an adjacent parcel described by metes and bounds as follows: Beginning at the Northeasterly corner of Lot II, Block I, RIVERSIDE SUBDIVISION, City of Aspen; thence North 016' West 100 feet, more or less, to the Northeasterly corner of Lot 6, Block 24, Riverside Addition to the City of Aspen; thence North 8944' East 25.00 feet; thence South 016' East 100.00 feet; thence South 8944' West 25 feet to the point of beginning, containing 2500 square feet more or less. with a street address of 1201 Riverside Drive ("Hower Lot") and Hower has sought approval from the City to construct a new duplex type residential structure and an accessory dwelling unit as hereinafter defined on the Hower Lot and in accord with the codes in effect on September I, 2000. Whereas, Cherie G. Oates ("Oates" in the singular or collectively with Leonard M. Oates where the context requires) owns adjoining improved real property to Hower's property within the City with a legal description of Lot 11, Riverside Subdivision and an adjacent parcel described by metes and bounds as follows: All that portion of Riverside Subdivision shown and delineated as Park Avenue lying Easterly of Lot 11, RIVERSIDE SUBDIVISION, and being described as follows: Beginning at the Southeast corner of Lot 11 of said Riverside Subdivision; thence North 00 16 ' West along the Easterly line of said Lot 11, 112 feet to the Northeast corner of said Lot, thence North 8944' East 25 feet more or less to the East boundary line of said Riverside Subdivision; thence South 0016' East along said Easterly boundary line 112 feet; thence South 89 44' West 25 feet more or less to the point of beg inning. and a street address of [205 Riverside Drive (the Oates' Lot); I - -. Whereas, the driveway and access to the Hower Lot crosses the Oates Lot, pursuant to an easement (the "Present Access Easement") and the Oates use the Present Access Easement over the Oates Lot as well to access their home and detached garage; Whereas, Oates and Hower have a dispute over the scope of the Present Access Easement and Hower's ability to utilize the Present Access Easement for access to a duplex structure; Whereas, Hower and the City have disputed the proper zoning of the Hower Lot and Hower has brought suit against the City in Case Number 02 CV 138 in the District Court for Pitkin County (the "Action") as a result of this dispute; Whereas, Cherie G. Oates has intervened in the Action: Whereas, Oates is desirous of relocating her detached garage, and relocating the Present Access Easement; Whereas, the parties desire to resolve the Action and their disputes over zoning, the access to the Hower Lot and Oates' garage relocation; NOW THEREFORE, in consideration of the covenants contained herein, and other good and valuable consideration, the Parties agree to the following: I. Release. The Parties hereby voluntarily and knowingly forever mutually release, discharge and relinquish any and all rights, claims, demands and causes of action, whether in law or in equity, which they, their officers, directors, employees, employers, partners, principals, agents, shareholders, trustees, heirs, personal representatives, successors, subrogees, subsidiaries, affiliates, related corporations, guardians, conservators, attorneys, insurance carriers, and assigns ever had, now have, or may claim to have, against any other Party, or that Party's past and present officers, directors, employees, employers, partners, principals, agents, shareholders, trustees, heirs, personal representatives, successors, subrogees, subsidiaries, affiliates, related corporations, guardians, conservators, attorneys, insurance carriers, and assigns, related to the facts alleged in the Action, including but not limited to any claims for promissory estoppel, promissory estoppel, common law vesting, state or federal constitutional violations whether asserted under 42 U.S,C, S 1983 or under any other right and claims for attorneys fees under 42 U.S.c. S 1988 or any other law or statute. 2. Warranty of Capacity to Execute Agreement. The parties represent and warrant that no other person or entity has or has had any interest to the claims, demands, obligations or causes of action referred to in this Release, and that the parties have the sole rights and exclusive authority to execute this Release, and that they are not sold, assigned, transferred, conveyed or otherwise disposed of any of the claims, demands, obligations or causes of action referred to in this Release. In the event a third party seeks to assert claims under a transferred or 2 "' "'-.... subrogated interest, the transferring or subrogated party will defend and hold harmless the other for any such claims. 3. Mistake. The parties expressly assume all risks that this Release was a result of any mistake of any kind, waiving all claims or defenses based upon the doctrine of mistake. This Release shall act as an accord and satisfaction with respect to the parties and all claims designated herein. The Parties further agree that no fact, event, evidence, circumstance or transaction relating directly or indirectly to the disputes between and among the Parties, or which may hereafter be discovered, shall affect in any manner the final and unconditional nature of this Release. 4. Dismissal of the Action. Upon execution of the Release and obtaining rezoning approval as described below, the parties agree to execute a stipulation to dismiss the Action with prejudice, with each party to pay its own fees and costs. 5. Interpretation. This Release shall be interpreted and construed in accordance with the laws of the State of Colorado. Any dispute arising out of this Release shall be brought in Pitkin County, Colorado. It is intended that this Release be construed in the broadest possible manner in accordance with the Parties' express intention that all disputes between and among them hereby be forever resolved. In any case or controversy arising out of this Release, the prevailing party in such dispute shall be awarded its reasonable attorney fees and costs. 6. Consultation with Connsel. The Parties hereby represent to each of the other Parties that they have determined that the settlement of the above-referenced dispute between and among the Parties is fair and reasonable under the circumstances and that this determination has been based solely upon their independent judgment after consulting with counsel and further that, in making this determination, they have had an adequate opportunity to discuss and assess the merits of their claims, potential claims and defenses with legal counsel. 7. Rezoning from R-15 to R-6, Applicability of Aspen City Code in effect in 2000, and Accessory Dwelling Units. The Parties agree that as a condition precedent to all of the obligations and requirements of this Release, Hower must obtain rezoning approval from the City to change the current zoning of the property from R-15 to R-6. The parties acknowledge that the decision to rezone is purely discretionary with the City and that the City makes no representations as to the outcome of the rezoning process, yet this is a condition precedent to this release and any full and final settlement of the Action. Hower agrees to submit a rezoning application to the City. The City agrees that its staff will assist Hower in preparing this application and will waive all application fees associated with a rezoning application. In addition, the City agrees to put the rezoning request on its priority calendar to expedite a rezoning decision. Oates agrees that they will not object to the rezoning request in any fashion, nor will Oates or anyone acting in concert with or in participation with Oates object to Hower's rezoning request in any fashion. And further provided, the City agrees and acknowledges that 3 Hower is entitled to have the benefit of the City of Aspen Land Use Code (including the building and housing code) provisions as they existed on September 1, 2000 applied to the rezoning application and/or building permit applications. This includes, but is not limited to, Hower's right to construct an Accessory Dwelling Unit below grade and attached to the primary residence and an exemption from the floor area ratio ("FAR") calculations for the Accessory Dwelling Unit. The parties acknowledge that nothing in the foregoing paragraph shall entitle Hower to a waiver of any applicable zoning or building code requirement of the City. 8. Access Easement, Driveway, and Garage Relocation. As consideration for the Release contained herein, the Parties agree to the following with respect to the common driveway, Present Access Easement and garage relocation: A. Hower will, at her sole expense, relocate the common driveway across the Oates' property with a driveway running generally parallel and adjacent to the Oates' eastern boundary (i.e: common with the Lacet boundary) (the "New Shared Driveway"). The New Shared Driveway will be used solely for the purposes of ingress, egress, and underground water, gas, telephone/telecom, CATV and electrical utility service to the Hower and Oates properties. No parking, standing or stopping of vehicles or storage of personal property shall be permitted on the New Shared Driveway. B. The proposed location of the New Shared Driveway will be staked for the parties' review and agreement, based on the conceptual drawing attached hereto as Exhibit A. The New Shared Driveway and access to the Oates' relocated garage will be surfaced by Hower, at her sole expense, with a standard chipseal compound, but no further improvement to its character, such as berming or curbs, will be installed unless each party consents. The foregoing shall not prevent either party from replacing the chipseal surface with asphault or concrete or the installation of snowmelt. Hower will relocate underground utilities, such as water, cable, electrical lines, as applicable within the New Shared Driveway boundary. Oates shall be entitled to access to and use of such lines. C. The as-built location of the New Shared Driveway will be surveyed and incorporated into a recorded non-exclusive easement agreement. The easement agreement will also include the maintenance responsibilities of Hower and Oates with respect to the New Shared Driveway. Maintenance expenses shall be divided on 60% Hower and 40% Oates basis. The easement will be a perpetual, non-exclusive easement twelve feet in width limited for use by the Hower Property to two (2) single family dwellings plus one (I) ADU (as defined in City's Land Use Code as in effect on September 1, 2000) on the Hower Lot. Hower shall have no right to use the access spur off of the New Shared Driveway to the Oates relocated garage for any purpose whatsoever. The easement will constitute a burden upon the Oates Lot and a benefit to the Hower Lot and will constitute a covenant running with the land. Oates shall have no right to access the Hower property and, except as provided herein, Hower shall have no right to access the Oates Lot. The form of easement to be recorded is attached hereto as Exhibit B. The Oates 4 -........ '"-' Lot shall be entitled to all benefits of the area burdened by the New Shared Driveway not precluded thereby and which do not unreasonably interfere therewith. D. Once the location and contractors are selected, the parties agree not to interfere with the progress of the work. All work shall, however, be performed in a good and workmanlike manner in compliance with building code requirements to the Oates' reasonable satisfaction, the intention being that the Oates' relocated garage and open access thereto and New Shared Driveway be turnkey, except for landscaping. Subject to availability at the time of construction, the parties have agreed on the following contractors: Stutsman-Gerbaz, Bailey House Moving and K&W Concrete; however, nothing contained herein shall prevent the parties from mutually agreeing on other contractors in writing. Hower assumes all risks associated with the relocation of the garage. E. Contemporaneously with the granting of the new easement for the New Shared Driveway, all existing easements, rights-of-way and common driveways for access across the Oates' Lot to the Hower Lot, whether of record or not and/or whether written or oral, will be vacated and all agreements relating thereto terminated. F. No structures will be placed on the New Shared Driveway easement, no lighting will be placed on the common driveway easement by Hower and the easement will not be lit by Hower from outside the easement. G. Oates will be physically and fiscally responsible for revegetating the Present Access Easement. H. Hower will permit and relocate the Oates existing detached garage such that the garage door entrance faces generally south and the new access spur thereto from the shared driveway, and assume all risks associated therewith. Hower will pay for the moving and temporary on-site storage of personal property within the garage during this construction. Hower will require that the moving and storage contractor maintain adequate liability insurance for Oates garage contents and shall arrange that Hower and Oates be named insured thereon. Hower will not object to the creation of an apartment above the Oates' relocated garage so long as it is deed restricted. The relocation of the Oates' Garage and construction of the New Shared Driveway shall occur no later than October l, 2007, unless the parties otherwise agree to cooperate in coordinating the construction activities and the timing thereof. No redevelopment of the Hower Lot shall occur until completion of the relocation of the Oates' Garage and the construction of the New Shared Driveway has been completed. I. Hower will be responsible for all costs of relocating the driveway and moving the garage, such that upon relocation the same shall be ready for use by the Oates, including, but not limited to, excavation, rough and finish grading, removal of vegetation, relocation of electric service to the relocated garage and relocation of fences; however, the City 5 "'.'~-. will contribute one-half of these costs, up to a maximum of Twenty-Five Thousand Dollars ($25,000.00) to Hower. J. Oates will not object to Hower's applying for approval to build two homes and ADU assuming the rezoning of the Hower Lot occurs. However, the foregoing shall not be construed to mean any variance Hower may seek. K. Oates will pay Hower Five Thousand Dollars ($5,000.00) at such time as the Oates garage shall be relocated and all work in connection therewith completed in exchange for obtaining a right of first refusal to purchase the Hower Lot. Hower and Oates will execute a Right of First Refusal Agreement in the form attached hereto as Exhibit C. L. The City will credit any building permit fees previously paid by Hower towards the construction on the Hower Lot. M. The area of the driveway easement does not apply for purposes of the City's calculations for floor area ratios ("FAR") on the Oates Lot. To the extent that the Driveway Easement increases the dimensions of the existing easement, the increased area shall also not apply for purposes of the City's FAR calculations on the Oates Lot. 9. Entire Agreement and Successors in Interest. This Release contains the entire agreement between the parties, and the terms of this Release are contractual and not a mere recital. This Release shall be binding upon and more to the benefit of executors, administrators, personal representatives, devisees, agents, employees, officers, directors, trustees, conservators, guardians, beneficiaries, heirs, successors in interest and assigns of each party. 10. Execution. This Release may be executed in one or more counterparts, all of which together shall be one instrument, and all of which shall be considered duplicate originals. II. Approval by City. The parties acknowledge that the City's approval of this Agreement by the City can only occur through a Resolution of the City of Aspen City Council during a public meeting. Approval of this agreement does not bind the City Council to approve the contemplated rezoning discussed in paragraph 7 above, nor does a rezoning approval bind the City Council to approve this Agreement. 12. Savings Clause. The Parties hereby agree that if any portion of this Release is found to be void or unenforceable, that they intend the remaining portions of the Release to be valid and enforceable to the maximum extent permitted by law. 13. In the event of default under this agreement resulting in litigation, the prevailing party will be entitled to recover the prevailing party's reasonable attorney's fees and costs in addition to any other relief to which such party shall be entitled. 6 " '.~...,y~ AGREED: /11. /J:- ~4 LkYI--IJ!/ ;g~~r~ -:J:d~7( rWi;; COUNTY OF ~'+L\ (\ ) ) ss. STATE OF COLORADO ) '\- I The foregoing instrument was acknowledged before me this ~ day of -0!() II~ , 2004, by Cherie G. Oates and Leonard M. 2ates. II . 4bj L~ I~ .Oa:ke"- 0-. S luu- a;t:t~r~ Witness my hand and official seal. ~~ ~~ No Public My commission expires: Dated: 1111 oq Dated: \ (1 I ,V\. \l'-Ot" Ted D. Gardenswartz, Esq., Attorney for Oates Approved as to form: 7 NOV-OB~2004 MON 01:46 PM BHGR LLP ~.~~, Dale Hower COUNTy OF ~ P rr kl r-J. ) ) 55. STATE OF COLORADO ) FAX NO,n03 402 1601 p, 09 ~) ~ ~UULJ... Dated: r\ G\J 0 _. ) ,~he foregoing instrument. was acknowledged before me this WOV ,2004, by Dale Hower. vlrl Q.. day of Witness my hand and official seal. 1000 p.. V\'i C \ . ~01~ flUaU . . ~ crt ~.2fr2001 . '0\'\ ~\{es ~ comm\SSI .~/J?I Notary Public / / My commission expi es: /,' ~~~4 /-z.~.-r;wo7 8 . CITY OF ASPEN: COUNTYOF~ STATE OF COLORADO ) ) ss. ) JJ The foregoing instrum nt ov'emlgev' , 2004, by City of Aspen, Colorado. Dm" ~/.- ~ "''''0/ before me this I (pIh. as ~O( day of of the , My CommiSSIon 1;."j..IIICS. Sept 25.200"> ~l/.O~V\t1tL otary Public My commission expires: q. 7{i:~ Approved as to form: _,..L::<-g/t/flC.ed- J61lifWorcester, Aspen CIty Attorney 9 ~~ES KNEZEVICH GARDENSWARTZ NO. 4054 P. 2/7 .ff!..._ _... ..--. -.-.------.- . .,_..-....~.._.\"-t~ . ,;J- .t' \~ MAR. 18. 2004 2:5IP~.. /\ /..... " [/'/ ...".., - ............ /- - ....,. .' ./ .- :-m ""', . ' // .... I / - OJ .., ".-' / . ( I ! i ._._...-' I I \ \ . . :t> . . . I (' tt '. ..':... 30 ---"~"h_ I ~).J::J ~ -;~-;''';..:''- \ .... ! I I ! / ...---- -' "... .' V\ ........... -IT":'""""'__'"' .-- -~/ ..-'--'.- -' .' .,.,....-... "-. ;~ i I , I i I \ \ / i \ \ ". ......._.._ ...._...J , ; " \ , \ , " .... .... .' ... ,.' ......... ~,/ .--.....(' , '. ' , , '. '. "-, \ , . _......- ...--- .-.----..-.- .~...- -'." ....--- ro, -- ---.-..-----.-... .-..- -- .- / ,. ._-\ r ._- ," t ._.......... II 0' i! IiilII .-.......-...... EASEMENT AGREEMENT " "< This Easements Agreement made and entered into this day of by and between Cherie G. Oates ("Oates") and Dale Hower ("Hower"). ,2004, WITNESSETH: WHEREAS, Oates is the owner of the real property described in Exhibit "A" attached hereto (the "Oates Property"); and WHEREAS, Hower is the record owner of the real property described in Exhibit "B" attached hereto (the "Hower Property"); and WHEREAS, Oates desires to grant to Hower and Hower desires to obtain from Oates a non-exclusive easement for access on a shared driveway and underground utilities over and across a portion of the Oates Property to the Hower Property, NOW, THEREFORE, for a good and valuable consideration in hand paid by Hower to Oates, the receipt and sufficiency of which is hereby acknowledged, it is agreed between the parties as follows: 1. Oates hereby grants and conveys to Hower for the benefit of the Hower Property, a permanent non-exclusive Easement (the "Easement") for access to the Hower Property over and across the portion of the Oates Property described in Exhibit "e", said Easement being twelve feet (12') in width, for the purpose of providing access to the Hower Property and the right to install underground utilities therein for the purpose of providing utilities service to the Hower Property. 2. The Easement granted herein shall be limited to use for the construction, maintenance, repair and occupancy and use of one (1) duplex family dwelling (and one Accessory Dwelling Unit as defined in the City of Aspen Land Use Code as presently in effect) on the Hower Property. 3. The cost of maintenance of the easement herein granted shall be borne 40% by the owner ofthe Oates Property and 60% by the owner of the Hower Property for the portion thereof used in common by Oates Property and Hower Property to the point where the access shall spur therefrom to accommodate and serve the garage on the Oates Property. From and after that point, the cost of improvement and maintenance and repair shall be borne solely by the owner of the Hower Property. 4. The level of maintenance ofthe portion of the Easement shared by Oates Property and the Hower Property shall be the maintenance repair and replacement (when needed) of a chipsealed surface. The foregoing shall not be construed to prohibit the asphalt pavement of the Easement by one or the other of the parties, but any cost associated with pavement thereof shall be borne by the party desiring to pave the same, unless the parties shall otherwise mutually agree. Snowplowing shall be I ..- ...... ,>" "..' paid for on the same basis on that part of the Easement used by both of the parties and otherwise solely by the party benefitting from the same. 5. No driveway marker lighting shall be permitted to be made by Hower, the owner of the Hower Property on the Easement herein granted or any extension thereof on the Hower Property without the consent of the owner of the Oates Property. 6. The Easement shall be used in a careful, safe manner with each party being respectful ofthe others quiet enjoyment oftheir respective Property. 7. It is mutually understood and agreed that no portion or portions of the Easement hereby granted shall ever be used for the purpose of parking, stopping or standing vehicles thereon, whether permanently or temporarily. 8. It is hereby expressly acknowledged as between the parties that this constitutes the entire agreement between them relating to access or utilities across the Oates Property for access to the Hower Property and any and all prior easements and agreements as to the same, whether on record or not are hereby terminated, vacated and of no further force and effect. 9. The Easement herein granted shall run with the title to and constitute a burden upon the Oates Property for the benefit of Hower Property. 10. This Agreement shall be binding upon and enure to the benefit to the parties hereto, their respective heirs and personal representatives, grantees, successors and assigns. 11. Unless otherwise provided herein, in the event that either party hereto breaches any provision contained herein (the "Defaulting Party"), the other party (the "Nondefaulting Party") shall be entitled to give written notice of default to the Defaulting Party and shall provide a fifteen (15) day opportunity to cure the specified default. In the event that the default is not cured within such period of time, the Nondefaulting Party shall have the right, at its option, to cure such default and shall have the right to be reimbursed by the Defaulting Party for any reasonable costs it incurs in curing such default. Any reimbursement payments not paid within thirty (30) days after the Defaulting Party has received an itemized statement of such costs from the Nondefaulting Party, shall bear interest at an annual rate of eighteen percent (18%). In addition, the Nondefaulting Party shall have the right to place a lien on the property owned by the Defaulting Party for any amounts due under this Agreement that remain unpaid for a period of more than thirty (30) days after the Defaulting Party has received an itemized statement of such costs. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year above first written. Cherie G. Oates 2 ___"_"_"'U__~""_,,,_ ............ '" ./ Dale Hower STATE OF COLORADO ) ) ss. COUNTY OF PITKIN ) The foregoing was acknowledged to before me this _ day of 2004, by Cherie G. Oates. Witness my hand and official seal. My commission expires Notary Public STATE OF COLORADO ) ) ss. COUNTY OF PITKIN ) The foregoing was acknowledged to before me this _ day of 2004, by Dale Hower. Witness my hand and official seal. Notary Public My commission expires 3 "....., ,"~,,' EXHIBIT "A" [Attach Legal Description of Oates Property] EXHIBIT "B" [Attach Legal Description of Hower Property] EXHIBIT "C" [Attach As-Built Legal Description of Easement] 4 FIRST RIGHT OF REFUSAL IN CONSIDERATION OF the payment ofthe sum ofTen Dollars ($10.00) and other good and valuable consideration, the receipt, sufficiency and adequacy of which hereby is acknowledged, DALE HOWER, ("Hower"), the owner of Lots 6, 7, and 8, Block 24, Riverside Addition, and property lying adjacent thereto described with a street address of 1201 Riverside Drive, City of Aspen, Pitkin County, Colorado, (the "Property"), hereby grants unto CHERIE G. OATES ("Oates"), a right of first refusal to purchase the Property ("Right of First Refusal") upon the following terms and conditions: 1. After receiving a bona fide written offer to purchase the Property acceptable to Hower ("Sales Contract"), Hower shall give written notice to Oates providing a copy of the Sales Contract for the sale of the Property ("Notice of Intent to Sell") by placing such notice, together with a copy ofthe Sales Contract in the United States Mail, postage prepaid, addressed to Oates at 1205 Riverside Drive, Aspen, Colorado 81611, with a copy to Leonard M. Oates, Esq., Oates, Knezevich & Gardenswartz, P.C., 533 East Hopkins Avenue, Aspen, Colorado 81611. 2. Oates shall have fifteen (15) days from the date of mailing of the Notice ofIntent to Sell to give written notice to Hower, at Aspen, Colorado 81611, of her intention to purchase the Property ("Notice of Intent t6 Purchase"), and to match the offer in the Sales Contract. Oates's Notice ofIntent to Purchase shalI be accompanied by an earnest money deposit in the same amount as contained in the Sales Contract. In Oates's Notice of Intent to Purchase, Oates shall agree to close upon the same terms and conditions as those contained in the Sales Contract. 3. If Oates shall not provide Hower with a Notice ofIntent to Purchase, then Hower may sell the Property under the Sales Contract free of the terms of this right of first refusal and Oates shall provide Hower with such written waivers as shall be reasonably required to remove this right offirst refusal as an affectation of Hower's title to the Property. Upon sale of the Property under the Sales Contract, this right of first refusal shall be of no further force and effect. 4. This right of first refusal shall be recorded in the real property records of Pitkin County, Colorado. 5. This Right of First Refusal Agreement shall be binding upon the parties hereto, their respective heirs, grantees and assigns. IN WITNESS WHEREOF, the foregoing Right of First Refusal has been executed this day of , 2004. Dale Hower Cherie G. Oates ACKNOWLEDGMENTS ON FOLLOWING PAGE STATE OF COLORADO ) )ss. COUNTY OF PITKIN ) The foregoing instrument was acknowledged before me this 2004, by Dale Hower. day of WITNESS my hand and official seal. My commission expires: (SEAL) Notary Public STATE OF COLORADO ) )ss. COUNTY OF PITKIN ) The foregoing instrument was acknowledged before me this 2004, by Cherie G. Oates. day of WITNESS my hand and official seal. My commission expires: (SEAL) Notary Public Page 2 2:S1PM... OA()EZEVICH GARDENSWARTZ --\. ~ "t' . \~ .- ....".... " .",., ..... .- ..- " " / " m"." .....- ./ ...... I - OJ -i ... ..--' / "J I I I " I I ._...,....1 I I 1" \ .. .. )> .. .. i~ i I , I i I \ \ \ \ \ ............ , . l' , ,. ~.i O/S~-~. A-i----...- -".. ~ - " .... " \ , , ........ ....... _" ,--,-r"- _- 0" I .--..... ..- II -' I J I' -- .-...- .-,..---' .---- .-' " ,-' ....- .-- p, 2/7 ! I I --.-\ \ " .' -- ...----...,..,,-' --'I~-- '-. "j- ...- ..... ..-'--'-- .....-... .' 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