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HomeMy WebLinkAboutagenda.apz.19960507 ***SMUGGLER AFFORDABLE HOUSING SITE VISIT*** (Meet behind City Hall at 3:30) ASPEN PLANNING AND ZONING COMMISSION SPECIAL MEETING TUESDAY, MAY 7, 1996,4:30 PM SISTER CITIES MEETING ROOM, CITY HALL I. COMMENTS A. Commissioners B. Planning Staff C. Public II. MINUTES III. PUBLIC HEARINGS A. Rocky Mountain Pie Company Conditional Use, Suzanne Wolff (cont. from 4/2) B. Zupancis Subdivision, Bob Nevins c. Braden Duplex Conditional Use for ADU and Stream Margin Review, Bob Nevins PLJo II c.. rY7.ee-h r1C\ '. Smuggler Affordable Rousing Conceptual PUD, Suzanne Wolff (cont. from 4/16) D. IV. NEW BUSINESS A. Tennis Townbomes SPA Amendment, Amy Amidon B. ADU Regulations (Information Item), Dave Michaelson V. ADJOURN ***SMUGGLER AFFORDABLE HOUSING SITE VISIT*** (Meet behind City Hall at 3:30) ASPEN PLANNING AND ZONING COMMISSION SPECIAL MEETING TUESDAY, MAY 711996, 4:30 PM SISTER CITIES MEETING ROOM, CITY HALL 1. COMMENTS A. Commissioners B. Planning Staff C. Public I1. MINUTES III. PUBLIC HEARINGS A. Rocky Mountain Pie Company Conditional Use, Suzanne Wolff (cont. from 4/2) B. Zupancis Subdivision, Bob Nevins C. Braden Duplex Conditional Use for ADU and Stream Margin Review, Bob Nevins CQjq I i o f��eL ' IqC D. Smuggler Affordable ousing Conceptual PUD, Suzanne Wolff (cont. from 4/16) IV. NEW BUSINESS A. Tennis Townhomes SPA Amendment, Amy Amidon B. ADU Regulations (Information Item), Dave Michaelson V. ADJOURN MEMORANDUM TO: Aspen Planning and Zoning Commission FROM: Rhonda Harris, Administrative Assistant RE: Upcoming Agendas DATE: April 30, 1996 May 21 - Regular Meeting AH Overlay - Pitkin County, Tim Malloy June 4 - Growth Management Commission North 40 Subdivision/PUD Conceptual Submission, Rick Magill AH Overlay, Tim Malloy June 4 - Regular Meeting Lot 3, Aspen Mountain Conceptual PUD, Dave Michaelson MEMORANDUM TO: Planning and Zoning Commission FROM: Suzanne Wolff, Planner RE: Rocky Mountain Pie Company Conditional Use Review - Continued Public Hearing from April 2, 1996 DATE: May 7, 1996 SUMMARY: The applicant is requesting conditional use approval for a restaurant in the L/TR zone district. The applicant is using the commercial kitchen in the Mountain Chalet to provide retail and wholesale baked goods to lodge guests and the general public. The application packet is attached as Exhibit A. Staff recommends approval of the conditional use for a restaurant with conditions. The Pie Company's application for conditional use approval was tabled by the Commission on April 2, 1996, pending application by the Taco and Burrito Company, which was also operating out of the commercial kitchen. The Taco and Burrito Company is no longer operating, so the Pie Company will be the only restaurant use in the Mountain Chalet. APPLICANT: Jill Phillips LOCATION: Mountain Chalet, 333 E. Durant ZONING: L/TR, Lodge/Tourist Residential BACKGROUND: A portion of the Mountain Chalet has traditionally been used as a restaurant. In 1994 the Planning Commission approved a GMQS Exemption to change 1,566 square feet of commercial area (Lauretta's restaurant) to three guest rooms. The change in use extinguished restaurant use as an allowed use for the property. The dining area that was not converted to lodge rooms was only to be used for guests of the lodge. REFERRAL COMMENTS: Please see the attached comments from the Housing Office and the Environmental Health Department (Exhibit B). Housing Office: Cindy Christensen has reviewed the project, and is not requiring any employee mitigation since there is only one employee and the kitchen is already existing. D. There are adequate public facilities and services to serve the conditional use including but not limited to roads, potable water, sewer, solid waste, parks, police, _fire protection, emergency medical services, hospital and medical services, drainage systems, and schools; RESPONSE: No additional infrastructure is required for the use. E. The applicant commits to supply affordable housing to meet the incremental need for increased employees generated by the conditional use; RESPONSE: The Rocky Mountain Pie Company is solely operated by Ms. Phillips. Since existing facilities are being used, the Housing Office has determined that no employee mitigation will be required at this time. However, staff recommends that any additional and/or future restaurant use at the Mountain Chalet will require a re-evaluation of employee generation for mitigation purposes. F. The proposed conditional use complies with all additional standards imposed on it by the Aspen Area Comprehensive Plan and by all other applicable requirements of this chapter. RESPONSE: The proposed use complies with the definition of "restaurant" in Section 26.04.100 of the Aspen Municipal Code. The Mountain Chalet has adequate delivery access and an elevator accesses the kitchen. STAFF RECOMMENDATION: Staff recommends approval of the conditional use for a restaurant with the following conditions: l . Any additional and/or future restaurant use at the Mountain Chalet will require a re- evaluation of employee generation for mitigation purposes by the Housing Office prior to issuance of a business license and/or any building permits. 2. All material representations made by the applicant in the application and during public meetings with the Planning and Zoning Commission shall be adhered to and considered conditions of approval, unless otherwise amended by other conditions. RECOMMENDED MOTION: "I move to approve the conditional use for a restaurant at the Mountain Chalet with the conditions as outlined in the Community Development Department Memo dated May 7, 1996". Exhibits: "A" - Application Packet "B" - Referral Comments 3 G I . MEMORANDUM E To: Suzanne -Wolff, Planner From: Nancy MacKenzie, Environmental Health Officer Date: March 20; 1996 Company.Conditional Use Review Re: Rocky Mountain Pie Parcel -ID # 2737-182-45-002 -The Aspen/Pitkin Environmental Health -Department has .reviewed' the -land use submittal of the Rocky. -Mountain -Pie Company under authority of the Municipal Code -of the City of Aspen, and has . the following comments. AIR QUALITY' Sections 11-2.1 "It is the purpose of (the air quality. section of the Municipal Code] to achieve the maximum practical degree of air purity possible by requiring the use of all available practical methods and techniques to control, prevent and reduce air pollution throughout the city..." .The Land Use Regulations seek to "lessen -congestion" and "avoid transportation demands that cannot be met" as well as to "provide clean air'by protecting the natural air sheds and reducing pollutants". The major concern of. our Department i.s the impact of-increa'ing traffic-ixi a non -attainment area designated by the.EPA. This conditional use is. not expected -.to .contribute. significantly to lity-in the -non -attainment area. the degradation of air qua CONFORMANCE WITH OTHER ENVIRONMENTAL -HEALTH LAWS.: A person must havea valid food service license to operate a- food service establishment. The Rocky Mountain Pie Company uses -the facilities of the Mt. Chalet kitchen. This kitchen has a valid Colorado Food Service License: and complies with the Rules and Regulations Governing the Sanitation of Food-' Service Establishments in the State -of Colorado.- This Department has no concerns. with this application as long. as the Rocky Mountain Pie. Company operates out of a licensed..kitchen.- -- 333 east durant avenue 303-925-7797 "at the base of Aspen Mountain" aspen, coforado 81611 Citv of Aspen Planning and Zoning Dept. 130 South Galena Asper, Co. 81611 January 10,1996 To whom it may concern, At your request, the Mountain Chalet of Aspen, owned and operated V Ralph Melville gives full approval for the use of the coy: erc al kitchen to Jill Phillips owner and operator of the Rocky Mountain Pie Co. The kitchen is located on the pool level in t :i1e Mountain Chalet 3uilding. if you need any further iT:formation please contact Ralph at 925-7797. Sincerely, Ralph Melville Owner/Operator Attachment 8 County of Pitkin } } SS. State of Colorado } I, AFFIDAVIT OF NOTICE PURSUANT TO ASPEN LAND USE REGULATIONS SECTION 6-205.E. being or representifig an Applicant to the City of Aspen, personally certify that I have complied with the public notice requirements pursuant to Section 6-205.E. of the Aspen Land Use Regulations in the following manner: 1. By mailing of notice, a copy of which is attached hereto, by first-class postage prepaid U.S. Mail to all owners of property within three hundred (300) feet of the subject property, as indicated on the attached list, on the day of , 199b (which is� days prior to the public hearing date of ). 2. By posting a sign in a conspicuous place on the subject property (as it could be seen from the nearest public way) and that the said s�i� n was posted and visible continuously from the day of , 1991 to the ';�H9 day of A o�, lam- 199 (Must be posted for at least ten (10) full days before the hearing date). A photograph of the posted sign is attached hereto. (At ach photograph here) Ji NJ Signat e / Sig before me this---F-�� day of WITNESS'`MY HAND AND OFFICIAL SEAL M _Qt.- m ' ' ' n 1z . f it ' �zI Notary Pis ub x MEMORANDUM TO: Aspen Planning and Zoning Commission L � THRU: Stan Clauson, Community Development Director Dave Michaelson, Deputy Director�j T\A , FROM: Bob Nevins, City Planner RE: Zupancis Subdivision, William's Addition, City of Aspen, Colorado Parcel ID No. 2737-073-00-026 DATE: May 7, 1996 SUMMARY: The applicant is requesting approval to subdivide an existing 16,746 sf parcel into two residential lots. The subdivision proposes to create one 7,500 sf single- family lot and one 9,246 sf duplex lot. Currently, there are two single-family residences located on the property, one at 510 Walnut Street and the other at 511 Race Street (a platted alley); and described as S 1/2 Lot 9, and all of Lots 10, 11, 12 in Block 3, of land situated in the NE 1/4, Section 7, Township 10, Range 84 West, City of Aspen, Colorado. ZONING: Medium -Density Residential (R-6) APPLICANT: Robert Zupancis and Silvia Davis BACKGROUND: The property is located north of South Avenue between Walnut Street and the alley commonly referred to as Race Street in the Smuggler neighborhood. Two single-family residences currently occupy the site. The house facing Walnut Street is 2,780 sf and contains five bedrooms. The wooden fence in front of the house encroaches into the Walnut Street right-of-way. The three bedroom residence along Race Street totals 1,373 sf. and does not meet the dimensional requirements for rear and side yard setbacks established within the R-6 zone district. The applicant is proposing to subdivide the parcel into two residential lots. Lot 1 is a 7,500 sf single-family lot and Lot 2 is a duplex lot containing 9,246 sf. The proposed residential lots have an east/west orientation which is consistent with the original platting of the William's Addition. Upon subdivision approval, the applicant is proposing to demolish the house at 510 Walnut Street and construct a new duplex on Lot 2. The residence at 511 Race Street shall remain in its current location as long as the applicant continues to own both lots. At such time Lot 1 is sold, the existing home will be demolished and a single-family residence will be reconstructed in accordance with the R-6 zone requirements. h) Improvement districts: Property owners shall be required to join any future improvement districts formed for the purpose of constructing improvements in the adjacent public rights -of -way. The agreement shall be executed and recorded prior to the acceptance of the final subdivision plat. i) Utility service and community impacts: General utility service arrangements are acceptable except where superseded by specific requirements of the Engineering Department and other reviewing departments or agencies. j) Mutual encroachments: The mutual encroachments of the existing residences across the proposed lot line between Lot 1 and Lot 2 shall be fully described by bearing and distance. The covenant regarding demolition of the existing residence at 510 Walnut Street shall appear on the final subdivision plat as note referencing the previously recorded separate subdivision covenants. HOUSING: Pursuant to Section 26.100.050, several types of development are eligible for exemption from the residential growth management competition. In order to qualify for a single- family and/or duplex exemption, the property owner shall meet the following standards: A. Single-family exemption for Lot 1 1. provide an accessory dwelling unit; 2. pay the applicable affordable housing impact fee; or 3. record a resident -occupancy deed restriction on the single-family dwelling unit being constructed. B . Duplex exemption for Lot 2 1. provide one free-market dwelling unit and one deed -restricted, resident -occupied dwelling unit with a minimum floor area of one thousand five hundred (1500) square feet; 2. provide two free-market dwelling units and one accessory dwelling unit with a minimum floor area of six hundred (600) square feet; 3. provide two deed -restricted, resident -occupied dwelling units; or 4. pay the applicable affordable housing impact fee. PARKS: a) The existing fence along Walnut Street encroaches into the public right-of-way. As a condition of approval, the applicant shall move the fence to their property line or they shall apply for an encroachment permit separate from this subdivision application. Should the encroachment permit be denied, the applicant shall be required to relocate or demolish the fence. b) The property owners shall be responsible for snow removal on the public sidewalk along South Avenue pursuant to Section 21.32.010 - 21.32.050 of the Municipal Code. c) A permit fdr the removal of any trees shall be applied for prior to the issuance of a building permit. Excavation shall not occur within the dripline of the trees. If any construction activity is to occur near existing trees, protective fencing shall be placed around the dripline of those trees within the Superfund site require an additional permit associated with the building permit process. b. The spatial pattern of the proposed subdivision is efficient and does not create duplication, premature extension of public facilities or unnecessary public costs. 3. Improvements. a. Required improvements. The required improvements (1-16) for the proposed subdivision are currently in existence. b. Approved plans. The applicant shall not commence construction on any relocation of the existing improvements as required by Section 26.88.040(C)(3)(a)(1-16) until a plan, profile, and specifications have been received and approved by the City Engineer and, when appropriate, the relevant utility company. c. Oversized utilities. Not applicable. 4. Design standards. a. Streets and related improvements. The required street standards (1-24) for the proposed subdivision are currently in existence. b. Easements. All utility easements shall meet City standards. Any relocation of utility easements shall require submission to and approval by the City Engineer. c. Lots and blocks. The proposed subdivision meets the applicable regulations. d. Survey monuments. All of the survey requirements shall be in compliance with the :applicable regulations and statutes. e. Utilities. All of the required utility standards (1-7) have been met. f. Storm drainage. The proposed subdivision shall meet the requirements (1-4) set forth in the storm drainage standards. g. Flood hazard areas. Not applicable. 5. Affordable housing. A subdivision which is comprised of replacement dwelling units shall be required to provide affordable housing. Since this application for subdivision is being reviewed in accordance with Section 26.100.050(A)(5), GMQS exemptions, certain requirements need to be met. In order to qualify for a single-family and/or duplex exemption, the applicant (property owner) shall meet the following standards: A. Single-family exemption for Lot 1 1. provide an accessory dwelling unit; 2. pay the applicable affordable housing impact fee; or 3. record a resident -occupancy deed restriction on the single-family unit being built. B . Duplex exemption for Lot 2 1. provide one free-market dwelling unit and one deed -restricted, resident -occupied dwelling unit with a minimum floor area of one thousand five hundred (1,500) square feet; 2. provide two free-market dwelling units and one accessory, dwelling unit with a minimum of six hundred (600) square feet; 3. provide two deed -restricted, resident -occupied dwelling units; or 4. pay the applicable affordable housing impact fee. 5 11. The frontages along Walnut Street and South Avenue shall be no parking zones. 12. The proposed single-family residences on Lots 1 and 2 shall conform to the dimensional requirements of Section 26.28.040, Medium -Density Residential (R-6). 13. All material representations made by the applicant within the application, and at hearings before the Planning and Zoning Commission or the City Council shall be adhered to and considered conditions of approval unless otherwise amended. ALTERNATIVES: Planning and Zoning Commission may approve additional conditions or disapprove of the application for subdivision. PROPOSED MOTION: "I move to approve the Zupancis Subdivision with the conditions delineated in the Community Development Memorandum of May 7, 1996." EXHIBITS: "A" - Application for Subdivision "B" - Referral Memorandums 7 Box 11481 Aspen, CO 81612 March 12, 1996 Planning Dept City of Aspen 130 S Galena St Aspen, CO 81611 Dear Dave Michaelson: Attached is our subdivision application. Included are: 1. The actual application form which lists, in addition to other items, our (the applicant's) name, address and telephone number, the name, address, and telephone number of our representative authorized to act on our behalf, and the street address and legal description of the parcel on which the development is proposed to occur. 2. Written description of proposal and explanation of how proposed development complies with review standards relevant to the Development Application. 3. Several attachments: Attachment A: A copy of the current certificate from Lawyers Title Insurance Corporation. Attachment B: The only existing deed of trust against the property, Bk 686, pg 33. Attachment C: An 8 1/2" x 11" vicinity map locating the subject parcel within the City of Aspen. Attachment D: City map: 1" = 400' Attachment E: Letter from Jay Hammond Schmueser Gordon Meyer Inc Attachment F: Blueline of Proposed Plat Exhibit A Thanks for you help and patience. Please let us know if there is any more detail or anything else we can provide for you. I understand we will be notified of the date set for the hearing. Sincerely, Robert Zupancis Silvia Davis 2 TABLE OF CONTENTS I. Project Description II. Land Use Application Form III. Specific Submission contents: Subdivision IV. Review Standards: Subdivision V. Lawyer's Title Insurance VI. Current Deed of Trust on property VII. Vicinity Map VIII. City Map: 1" = 400' IX. Letter from Jay Hammond, Schmueser Gordon Meyer Inc X. Blueline of Proposed Plat Rage 4 5 7 " 11 Attachment A Attachment B Attachment C Attachment D Attachment E Attachment F 3 PROJECT DESCRIPTION General : The applicants own a large city parcel on which are currently situated two separate residential dwellings. The subject parcel is located north of South Avenue, between Race and Walnut Street. Refer to the Vicinity map that is contained in this packet as Attachment C. They are seeking approval for subdivision of this larger lot into two lots, each of which meets the minimum lot size requirements. They are proposing a north/south lot line, so that each lot has limited frontage on South Avenue, a very busy and noisy street. This can be accomplished and still meet the minimum 60' lot width requirement. The blueline of the proposed plat is included in this packet as Attachment F. The westerly lot is labeled Lot 1; the easterly lot is labeled Lot 2. Each of the currently existing dwellings fits more or less on the separate lots. In each case there is a small encroachment. Upon approval, the applicants plan to demolish the dwelling that exists primarily on Lot 1, a split level frame house, and to construct a new single-family residence for themselves. The dwelling that exists on Lot 2 will encroach slightly upon Lot 1. The applicants are hoping that as long as they own both lots, this will be acceptable to the planning and zoning commission and city council. There will be the stipulation that if the lot is sold, the dwelling must then be demolished, so that the dwelling does not partially exist on "someone else's lot". Because there are already two dwellings on the subject property, the new plan does not differ drastically from what currently exists on the site. Utilities are already in place. A temporary easement will probably be required for sewer across Lot 1 for Lot 2. Also, an easement for electric across Lot 2 for Lot 1 may be required. Wherever possible, all redevelopment anticipates rerouting services to provide independent service to each home and eliminating related easements. Exact building design and floorplan have yet to be developed. City of Aspen Building Code will dictate all the specifics of building height, setbacks, etc. SDecifics: The remainder of this packet will address all the specific details requested. 4 LAND USE APPLICATION FORM 1. Project Name: Zupancis subdivision 2. Project Location: 510 Walnut Street & 511 Race Street. Lot and block number: S 1/2 Lot 9, all of Lots 10,11,12 in Block 3, Williams addit.ion to the City and Townsite of Aspen, plus a parcel of land situated in the NE 1/4, SW 1/4, Section 7, Township 10 South, Range 84 West City of Aspen, Colorado. 3. Present zoning_ R-6 4. Lot Size: 16,746 sq ft 5. Applicant's name address phone #• Robert Zupancis Silvia Davis Box 11481 Aspen, CO 81612 920-2546 home 920-5180 work Silvia 6. Representative's Name. Address & Phone #• Tom Baker 312 Teal Court, Aspen, CO 81611 920-9283; 945-5989 GWS; FAX 920-4126 or 945-5912 7. Type of Application. xx Subdivision 8. Description of existing uses (number and type of existing structures: approximate sq ft: number of bedrooms: any previous approvals granted to the property): 510 Walnut Street: 1 residential dwelling 2,780 sq ft 5 bedrooms 511 Race Street: 1 residential dwelling 1,373 sq ft 3 bedrooms 5 9. Description of development application: Both dwellings exist on 1 legal description. Applicant wants to subdivide so that each dwelling has its own legal description. 10. The following are attached: xxc Minimum submission contents xSpecific submission contents x Review standards: Subdivision 311 SPECIFIC SUBMISSION CONTENTS: SUBDIVISION Requirements of Planning Commission: la(1) The general application information required in Common Procedures, Sec 6-202. 1a(2). City map: Shows location of proposed subdivision and all adjacent lands and landmarks, and the Zone District in which the proposed subdivision and adjacent properties are located. (1" _ 400') Provided by City Engineer. (Attachment'D) la(3). PLAT: Prepared by surveyor. 1" = 100' or larger. Reflects layout of lots, blocks and structures in the proposed subdivision. 24" x 36". Include also vicinity map that shows subdivision as it relates to rest of city and street system in the area of the proposed subdivision. la(3)(a). Name of prQposed subdivision: Zupancis subdivision. la(3)(b). Plat contains • Robert Zupancis' name, address and telephone number • designer of proposed subdivision • name of licensed surveyor (Carl Carmichael) la(3)(c). Includes location and boundaries of proposed subdivision. la(3)(d). Plat shows existing and proposed contours of the land in the proposed subdivision at two -foot (2') intervals, where the slope is less than ten (10%) per cent, and five-foot (5') intervals where the slope is ten (10%) per cent or greater, and the designation of all areas with slope greater than thirty (30%) per cent. There is no slope greater than 10% on this parcel. la(3)(e). The plat shows location & dimensions of all existing streets, alleys, easements, drainage areas, irrigation ditches, public and private utilities, and other significant manmade or natural features within or adjacent to the proposed subdivision. la(3)(f). The plat shows the new lot line. Otherwise, there are no new proposed streets, alleys, easements, drainage improvements, or utilities. In addition, no areas or structures reserved or dedicated for public or common use in the proposed subdivision are required. la(3)(g). The plat shows location, size, and type of existing vegetation and other natural landscape features, proposed limits of any excavation or regrading, including location of trees with trunk diameter of 6" or more and 4 1/2' above ground. Indicate which trees are proposed to be removed. 1a(3)(h). NOT APPLICABLE. There are no areas that constitute natural hazard areas including but not limited to snowslides, avalanche, mudslide, rockslide and the 100-year flood plain. la(3)(i). NOT APPLICABLE. The planning agency has required no additional information on geological or soil stability, avalanche potential, projected traffic generation, air pollution and similar matters. There is no impact of this nature since there is no increase in density. 1a(3)(j). NOT APPLICABLE. There are no proposed new utility systems, drainage plans, surface improvements, or other construction projects contemplated within the proposed subdivision. The dwellings in the proposed subdivision must comply with the standard FAR allowed by zoning. This proposed subdivision, therefore, will have no adverse effect upon the surrounding area.. 1a(3)(k). Site data tabulation. 2 lots: one 8683 sq feet, the other 8063 sq feet. R-6 zoning as exists now. A single family dwelling on each lot. Project each dwelling to have approximately 4 bedrooms. Ground coverage.will be maximum or close to maximum allowed. Parking required: 1 spot per each bedroom. Streets, sidewalks and open space: No open space is required pursuant to Sec. 7-1004(c)-(5)(a). Additional streets and sidewalks not required in subdivision. la(3)(1). NOT APPLICABLE. This is not a division of land into condominium interests, apartments or other multi -family or time- share dwelling units. la(3)(m). NOT APPLICABLE. Applicant owns no adjacent holdings. 1a(3)n). Current utilities that service dwellings are: natural gas: Rocky Mtn Natural Gas electricity: Holy Cross Electric Corp telephones: US West sewer: Aspen Sanitation District water: City of Aspen 8 fire Protection: Aspen Fire Protection District There is attached a letter from Jay Hammond of Schmueser Gordon Meyer Inc (Attachment E). This engineering report describes the utilities which will continue to service the proposed subdivision. Additional application contents prior to review by City Council • The submission has the following contents: 2b (i) FINAL PLAT permanent ink on myl ar . 24" x 36" with unencumbered margin of 1 1/2" on left hand side and 1/2" margin on other 3 sides. It shall include: • (a) Accurate dimensions for all lines, angles, and curves used to describe boundaries, streets, setbacks, alleys, easements, structures, areas to be reserved or dedicated for public or common use and other important features. All curves shall be circular arcs and shall be defined by the radius, central angle, tangent, arc and chord distances. All dimensions, both linear and angular, are to be determined by an accurate control survey in the field which must balance and close within a limit of one (1) in ten thousand (10,000). • (b) A systematic identification of all lots and blocks and names for all streets. • (c) Names of all adjoining subdivisions with dotted lines of abutting lots. If adjoining land is unplatted, it shall be shown as such. • (d) An identification of the streets, alleys, parks, and other public areas or facilities, and a dedication thereof to the public use. An identification of the easements as dedicated to public use. Areas reserved for future public acquisition shall also be shown. • (e) A written survey description of the area including the total acreage to the nearest one -thousandth (0.001) of an acre. • (f) A description of all survey monuments, both found and set, which mark the boundaries of the subdivision, and description of all monuments used in conducting the survey. The Colorado Coordinate System may be used. 2b2. Statement by land surveyor explaining how bearings, if used, were determined. Surveyor will provide on plat. 2b3. Certificate by registered land surveyor as to accuracy of survey and plat, and a statement that the survey was performed in X accordance with Colorado Revised Statutes 1973, Title 38, Article 51, as amended from time to time. Surveyor will provide on plat. 2b4. A certificate by a corporate title insurer, that the person or persons dedicating to the public the public rights -of -way, areas or facilities as shown thereon are the owners thereof in fee simple, free and clear of all liens and encumbrances. There are no such dedications; therefore NOT APPLICABLE. 2b5. Certificates showing approval of the Final Plat by the City Engineer, planning director and the Commission. Will be included. 2b6. A certificate showing approval of the plat and acceptance of dedications and easements by the City Council, with signature by the Mayor and attestation by the City Clerk. Will be included. 2b7. A certificate of filing for the Pitkin County Clerk and Recorder. Will be included. 2b8. Complete engineering plans and specifications for all improvements to be installed in the proposed subdivision, including but not limited to water and sewer utilities, streets and related improvements, trails, bridges and storm drainage improvements. 'No improvements to be installed, therefore NOT APPLICABLE. 2b9. A landscape plan showing location, size, and type of proposed landscape features. Not required since no visual impact. NOT APPLICABLE. - 2b10. Copies of any monument records required of the land surveyor in accordance with Colorado Revised Statutes 1973, Title 38, Article 53, as amended from time to time. NONE REQUIRED. 2b11. Any agreements with utility or ditch companies, when applicable. All utilities are in place and no new ones are required. NOT APPLICABLE. 2b12. Any subdivision agreements as required by Sec. 7-1004(c)(3) H REVIEW STANDARDS: 1. General r�quirement� SUBDIVISION a• The proposed subdivision shall be consistent with Comprehensive Plan: the proposed subdivisi h �e Aspen Area lot size for the zone district. °nt "she minimum b• The proposed subdivision shall be consistent with the character of existing land uses in the area: epotential of 2 new with th houses, the proposed subdivision doesn't r from what already exists - 2 single family edwellinlingpresent a departure s. C. The proposed subdivision shall not adversely affect development of surrounding areas: there is no a the future affect. d• --The proposed subdivision shall be in co applicable requirements of this chapter: with all standards. Ater: meet all the 2a. _Land suitability The engineer's report which (Attachment E) states that the proposed is attached P P subdivision is not located on land unsuitable for development because of flooding, rock or soil creep, mudflow, rockslide, avalanche drainage, r steep topography or any other naturaL hazard or other snono that will be harmful to the health, safety, or welfcondidiition residents in the proposed subdivision. are of the 2b. Spatial DatterThe engineer's report which is P attached (Attachment E) states that the proposed subdivision s not be designed to create spatial patterns that cause inefficiencies, duplication or premature facilities and unnecessary public co extension of public P costs. 3 • ImTv menu 3a. Required 1mDrOVPmantc The following improvements provided for in the proposed subdivision. nts shall be 3a1. Permanent survey monuments, range points, and 1 will be new survey monuments. °t pins. There 3a2. Paved streets, not exceeding the requirements improvements of a collector street. NOT R for paving and REQUIRED. 3a3. Curbs, gutter, and sidewalks. Race Street is a narrow Right-of- way with low pedestrian usage. Sidewalk and gutter are not appropriate here. Walnut Street, likewise, has insufficient vehicle and pedestrian traffic to warrant sidewalks and gutters.. 3a4. Paved alleys. WE ARE PROPOSING NO PAVED ALLEYS. 3a5. Traffic -control signs, signals or devices. NONE REQUIRED. 3a6. Street lights. NONE REQUIRED. 3a7. Street name signs. NOT ADDING NEW SIGNS. 3a8. Street trees or landscaping. NOT ADDING NEW LANDSCAPING. 3a9. Water lines and fire hydrants. ALREADY EXIST. 3a10. Sanitary sewer lines. ALREADY EXIST. Sall. Storm drainage improvements and storm sewers. The engineer's report which is attached (Attachment E) states this project will not create additional impacts to the City of Aspen's storm drainage system. Nor will it require improvements or expansion of the system. The property is not located in an area requiring accommodation of a neighborhood drainage plan. 3a12. Bridges or culverts. NOT REQUIRED. 3a13. Electrical lines. ALREADY EXIST. 3a14. Telephone lines. ALREADY EXIST. 3a15. Natural gas lines. ALREADY EXIST. 3a16. Cable television lines. ALREADY EXIST. 3b. Approved plans, Construction shall not commence on any of the improvements required by Sec. 7-1004(c)(3)(a) until a plan, profile, and specifications have been received and approved by the city engineer and, when appropriate, the relevant utility company. NONE REQUIRED. 3c. Oversized utilities. In the event oversized utilities are required as a part of the improvements, arrangements for reimbursement shall be made whereby the subdivider shall be 12 allowed to recover the cost of the utilities that have been _4 provided beyond the needs of the subdivision. NO INCREASE IN DENSITY. 4. DESIGN STANDARDS, The following design standards shall be required for all subdivisions. 4a. Streets and related improvements. The following standards shall apply to streets regardless of.type or size, unless the street has been improved with paving, curb, gutter and sidewalk. NO NEW REQUIRED. 4a1. Conform to plan for street extension. Streets shall conform to approved plans for street extension and shall bear a logical relationship to the topography and to the location of existing or planned streets on adjacent properties. NOT REQUIRED. 4a2. Right-of-way dedication. Right-of-way shall be dedicated for the entire width for all local, collector and arterial streets. NOT REQUIRED. 4a3. Right-of-way width. idth. Street and alley right-of-way widths, curves and grades shall meet the following standards. Minimum Street Center Line Right -of- Maximum Classifi- Curve way Width PerCent cation Radius (ft) (ft) of grade (%) Local 100 60 10 Collector 250 80 6 Arterial 625 100 5 Alley 50 20 5 NOT REQUIRED. 4a4. Half -street dedications. Half -street dedications shall be prohibited unless they are for the purpose of increasing the width of an.inadequate existing right-of-way. NO SUCH HALF -STREET DEDICATIONS. 4a5. Street ends at subdivision. When a street is dedicated which ends on the subdivision or is on the perimeter of the subdivision, the last foot of the street on the terminal end or outside perimeter 13 of the subdivision shall be dedicated to the City of Aspen in fee 1 simple and shall be designated by using outlot(s). The City shall use the dedicated land for public road and access purposes. NO SUCH STREET. 4a6. Cul-de-sacs. Cul-de-sacs shall not exceed four hundred (400') feet in length.and shall have a turnaround diameter of one hundred (100') feet. A Cul-de-sac of less than two hundred (200') feet in length in a single-family detached residential area does not require a turnaround if the City Engineer determines a "T", "Y" or other design is adequate turnaround for the vehicles expected to use the Cul-de-sac. NO CUL-DE-SACS. 4a7. Dead end streets. Dead-end streets, except for cul-de-sacs, shall be prohibited unless they are designed to connect with future streets on adjacent lands that have not been platted. In cases where these type of dead end streets are allowed, a temporary turnaround of one hundred (100') feet shall be constructed. NO DEAD-END STREETS. 4a8. Centerline offset. Streets shall have a centerline offset of at least one hundred twenty-five (125') feet. NO NEW STREETS. 4a9. Reverse curves. Reverse curves on arterial and collectors streets shall be jointed by a tangent of at least one hundred (100') feet in length. NO REVERSE CURVES. 4a10. Changes in street grades, All changes in street grades shall be connected by vertical curves of a minimum length in feet equivalent to the following appropriate "K" value multiplies by the algebraic difference in the street grades. Street Classification Collector Local Arterial "K" value for: Crest vertical curve 28 16 55 Sag vertical curve 35 24 55 NO NEW STREETS. 4all. Alleys.. Alleys shall be provided in subdivisions where commercial and industrial development is expected, except when other provisions are made and approved for service access. NO ALLEYS. 14 4a12. Intersections. Intersections shall approximate right angles and have a minimum tangent of fifty (50') feet on each leg. The subdivision design shall minimize the number of local streets that intersect arterial streets. NO NEW INTERSECTIONS. 4a13. Intersection grade. Intersection grades shall not exceed four (4%) per cent for a minimum distance of one hundred (100') feet on each leg. Flatter grades are desirable.. NO NEW INTERSECTIONS. 4a14. Curb return radii. Curb return radii for local street intersections shall be fifteen (15') feet. Curb return radii and corner setbacks for all other types of intersections shall be based upon the expected types of vehicle usage, traffic volumes and traffic patterns using accepted engineering standards. In case of streets which intersect at acute angles, appropriate increases in curb return radii shall be made for the necessary turning movements. NO NEW INTERSECTIONS. 4a15. Turn by-passes and turn lanes. Right -turn by-passes or left -turn lanes shall be required at the intersection of arterial streets or the intersection of an arterial street with a collector street if traffic conditions indicate they are needed. Sufficient right-of- way shall be dedicated to accommodate such lanes when they are required. NO NEW INTERSECTIONS. 4a16. Street names and numbers. When streets are in alignment with existing streets,- any new streets shall be named according to the streets with which they correspond. Streets which do not fit into an established street -naming pattern shall be named in a manner which will not duplicate or be confused with existing street names within the city or its environs. Street numbers shall be assigned by the city building inspector in accordance with the city numbering system. NO NEW STREETS. 4a17. Installation of curb, gutter, sidewalks, or driveways. No finish paving, curb, gutter, sidewalks or driveways shall be constructed until one (1) year after the installation of all subsurface utilities and improvements. Per conversation with city engineer, this -is not applicable. 4a18. Sidewalks. Sidewalks shall be eight (8') feet wide in all Commercial Core (CC), commercial (Cl), Neighborhood commercial (NC), and Commercial Lodge (CL) Zone Districts and five (5') feet wide in all other zone districts where sidewalks are required. 15 c Consideration shall be given to existing and proposed landscaping ........... when establishing sidewalk locations. Applicant had meeting with city engineer. Race Street is a narrow Right-of-way with low pedestrian usage. Sidewalk and gutter are not appropriate here. Walnut Street, likewise, has insufficient vehicle and pedestrian traffic to warrant sidewalks and gutters 4a19. City specifications for streets. All Streets and related improvements shall be constructed in accordance with city specifications which are on file in the office of the city engineer. NO NEW STREETS. 4a20. Range point monuments. Prior to paving any street, permanent range point monuments meeting the standards of Sec. 7- 1004(c)(4)(d) shall be installed to approximately finished grade. Permanent range point boxes shall be installed during or as soon as practicable after paving. NO NEW STREETS. 4a21. Street name signs. Street name signs shall conform to the type currently in use by the city. STREET NAME SIGNS ALREADY EXIST. 4a22. Traffic control signs. Any required traffic -control signs, signals or devices shall conform to the "Manual of Uniform Traffic Control Devices." TRAFFIC CONTROL SIGNS ALREADY EXIST. 4a23. Street lights. Street lights shall be placed at a maximum spacing of three hundred (300') feet. Ornamental street lights are desirable. STREET LIGHTS ALREADY EXIST. 4a24. Street tree. One (1) street tree of three-inch (3") caliper for deciduous trees measured at the top of the ball or root system, or a minimum of six-foot (6') height for conifers, shall be provided in a subdivision in residential zone districts for each lot of seventy foot (70') frontage or less, and at least two (2) such trees shall be provided for every lot in excess of seventy feet (70') frontage.. Corner lots shall require at least one (1) tree for each street. Trees shall be placed so as not to block sight distances at driveways or corners. The city parks and recreation department shall furnish a list of acceptable trees. Trees, foliage and landscaping shall be provided in subdivisions in all other zone districts in the city in accordance with the adopted street landscaping plan. Applicant will comply. 4b. Easements IR 4bl. Utility easements. Utility easements of ten (10') feet in width on each side of all rear lot lines and five (5') feet in width on each side of lot lines shall be provided where necessary. Where the rear or side lot lines abut property outside of the subdivision on which there are no rear or side lot line easements at least five (5') feet in width, the easements on the rear and side lot lines.in the subdivision shall be twenty (20') feet and ten (10') feet in width, respectively. WATER: no easement necessary because water lines available from 8" diameter water main in South Avenue, Race Street, or Walnut St. SEWER: No easement necessary because sewer available within Walnut Street corridor and from existing 8" diameter main collector in South Ave. ELECTRICITY: Appears that an easement is necessary across Lot 2 to accommodate Lot 1. NATURAL GAS, CABLE TELEVISION, AND TELEPHONE: No easement necessary; service to either parcel would be available subject to normal service construction and connection charges. 4b2. "T" intersections and cul-de-sacs. Easements twenty (20') feet in width shall be provided in "T" intersections and cul-de-sacs for the continuation of utilities or drainage improvements, if necessary. NOT NECESSARY. 4b3. Potable water and sewer easements. Water and sewer easements shall be a minimum of twenty (20') feet in width. WATER AND SEWER EASEMENTS NOT NECESSARY. 4b4. Planned utility or drainage system. Whenever a subdivision embraces any part of a planned utility or drainage system designated on an adopted plan, an easement shall be provided to accommodate the plan within the subdivision. There is no planned utility system. Per the engineer's report (Attachment E) there will be no additional impacts to City of Aspen's storm drainage system. Nor will it require improvements or expansion of the system. 4b5. Irrigation ditch, channel, natural creek. Where an irrigation ditch or channel, natural creek or stream traverses a subdivision, an easement sufficient for drainage and to allow for maintenance of the ditch shall be provided. NOT APPLICABLE. THERE IS NO IRRIGATION DITCH OR CHANNEL, NATURAL CREEK OR STREAM THAT TRAVERSES THIS PROPOSED SUBDIVISION. IVA 4b6. Fire lanes and emergency access easements. Fire lanes and emergency access easements twenty (20') feet in width shall be provided where required by the city fire marshal. NOT REQUIRED. 4b7. Planned street or transit alignment. Whenever a subdivision embraces any part of an existing or planned street or transit alignment designated on an adopted plan, an easement shall be provided to accommodate the plan within the subdivision. NOT APPLICABLE. NO SUCH EASEMENT REQUIRED. 4b8. Planned trail system. Whenever a subdivision embraces any part of a bikeway, bridle path, cross country ski trail or hiking trail designated on the Aspen Area Comprehensive Plan: Parks/ Recreation/ Open Space/ Trails Plan Map, an easement shall be provided to accommodate the plan within the subdivision. NOT APPLICABLE. THE PROPERTY IS NOT ENCUMBERED BY ANY SUCH BIKEWAY, BRIDLE PATH, CROSS COUNTRY SKI TRAIL OR HIKING TRAIL. 4c. Lots and blocks. 4cl. General. Lots shall meet all applicable regulations of this chapter. 4c2. Side lot lines. Side lot lines shall be substantially at right angles or radial to.street lines. THIS REQUIREMENT HAS BEEN MET. 4c3. Reversed corner lots and through lots. Reversed corner lots and through lots shall be prohibited except where essential to provide separation from arterial streets because of slope, or to prevent the development of incompatible land uses. NOT APPLICABLE. 4c4. Front on street. All lots shall front on a public or private street. THE FRONT OF EACH OF THESE LOTS FACES SOUTH AVENUE. 4c5. State Highway 82. No lot shall front on, nor shall any private driveway access to State Highway 82. NOT APPLICABLE. 4c6. Block lengths. Block lengths shall normally be at least four hundred (400') feet in length and not more than one thousand four hundred (1400') feet in length between street intersections. NOT APPLICABLE. 4c7. Compatibility. Block lengths and widths shall be suitable for the uses contemplated. NOT APPLICABLE. 18 4c8. Mid -block pedestrian walkways. In blocks over five hundred 500') feet long, mid -block pedestrian walkways shall be provided. NOT APPLICABLE. 4d. Survey monuments. 4d1. Location. The.external boundaries of all subdivisions, blocks and lots shall be monumented on the ground by reasonably permanent monuments solidly embedded in the ground. These monuments shall be set not more than fourteen hundred (1400') feet apart along any straight boundary line, at all angle points, and at the beginning, end and points of change of direction or change of radius of any curved boundaries. SURVEYOR WILL COMPLY. 4d2. CRS 1973 38-51-101. All monuments shall be set-in accordance with the provisions of CRS 1973 38-51-101, as amended from time to time, unless otherwise provided for in this chapter. SURVEYOR WILL COMPLY. 4d3. Range points and boxes. Range points and boxes meeting city specifications shall be set on the centerline of the street right- of-way unless designated otherwise. SURVEYOR WILL COMPLY. 4d. Utilities. 4el. Potable waterlines and appurtenances. All potable waterlines, fire hydrants and appurtenances shall meet the city's standard specifications on file in.the city engineer's office. Lots will be serviced by city water system. 4e2. Size of waterlines. All potable water lines shall be at least eight (8") inches in size unless the length of the line is less than two hundred (200') feet in length, its minimum size shall be six (6") inches in width. NOT APPLICABLE. Lots will be serviced by city water system. 4e3. Fire hydrants. Fire hydrants shall be spaced no farther apart than five hundred (500') feet in detached residential and duplex subdivision. Fire hydrants shall be no farther than three hundred fifty.(350') feet apart in multi -family residential, business, commercial, service and industrial subdivision. FIRE HYDRANTS ALREADY EXIST AND ARE SHOWN ON PLAT. Engineer's report (Attachment E) also describes location of fire hydrants. 4e4. Sanitary sewer. Sanitary sewer facilities shall meet the requirements of the Aspen Consolidated Sanitation District. Engineer's report (Attachment E) contains comments by the Aspen Consolidated Sanitation District. 4e5. Underground utilities. All utilities shall be placed underground, except transformers, switching boxes, terminal boxes, meter cabinets, pedestals, and ventilation ducts. ALL UTILITIES IN PLACE. THERE WILL BE NO NEW UTILITIES. 4e6. Other utilities. Other utilities not specifically mentioned shall be provided in accordance with the standards and regulations of the applicable utility department or company. NOT APPLICABLE. THERE ARE NO OTHER UTILITIES. 4e7. Utilities stubbed out. All utilities shall be stubbed out at the property line of lots. NOT APPLICABLE. UTILITIES EXIST ALREADY. 4f. Storm drainage. 4f1. Drainage plan. The drainage plan for the proposed subdivision shall comply with the criteria in the city's "Urban Runoff Management Plan." The engineer's report (Attachment E) addresses the drainage for these lots. 4f2. Detention storage. Short-term on -site detention storage shall be provided to maintain the historical rate of runoff for the 100- year storm from the undeveloped site. The engineer's report is attached. (Attachment E). 4f3. Maintain historical drainage flow. In cases where storm runoff from an upstream basin passes through the subdivision, the drainage plan shall provide adequate means for maintaining the historical drainage system. The engineer's report is attached (Attachment E). 4f4. Calculations and quantities of flow. The drainage plan shall include calculations and quantities of flow at the points of concentration. The engineer's report is attached (Attachment E). 4g. Flood hazard areas. The following standards shall apply to special flood hazard areas as defined in Sec 7.504 of the Municipal Code. NOT APPLICABLE. 20 4g1. The proposed subdivision design shall be consistent with the need to minimize flood damage to public utilities and facilities such as sewer, gas, electricity, and potable water systems. The engineer's report is attached (Attachment E). 4g2. Base flood elevation data shall be provided for any proposed subdivision of at least fifty (50) lots or five (5) acres, whichever is less. NOT APPLICABLE. 5. Affordable Housing. A subdivision which is comprised of replacement dwelling units shall be required to provide affordable housing in compliance with the requirements of Art. 5, Div. 7, Replacement Housing Program. A subdivision which is comprised of new dwelling units shall be required to provide affordable housing in compliance with the requirements of Art 8., Growth Management Quote System. NOT APPLICABLE. POTENTIALLY, 2 NEW SINGLE FAMILY DWELLINGS WILL REPLACE 2 OLD SINGLE FAMILY DWELLINGS. 21 Latuyers Tide Insurance Cooration NATIONAL HEADQUARTERS IFIMMOND, VIRCUNIA OWNER'S POLICY NUMBER 113 - 00 -456232 ATTACHMENT A SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE CONDITIONS AND STIPULATIONS, LAWYERS TITLE INSURANCE CORPORATION, a Virginia corporation, herein called the Company, insures, as of Date of Policy shown in Schedule A, against loss or damage, not exceeding the Amount of Insurance stated in Schedule A, sustained or incurred by the insured by reason of: 1. Title to the estate or interest described in Schedule A being vested other than as stated therein; 2. Any defect in or lien or encumbrance on the title; 3. Unmarketability of the title; 4. Lack of a right of access to and from the land. The Company will also pay the costs, attorneys' fees and expenses incurred in defense of the title, as insured, but only to the extent provided in the Conditions and Stipulations. IN WITNESS WHEREOF the Company has caused this policy to be signed and sealed, to be valid when Schedule A is countersigned by an authorized officer or agent of the Company, all in accordance with its By -Laws. LapyersTide Insurance Corporation Attest: By: 1 /� 4141 Secretary. President EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters: (a) created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; suiting in no loss or damage to the insured claimant; (a) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy. LTIC LTIC LTIC LTIC LTIC LTIC LTIC LTIC. LTIC LTIC LTIC LTIC LTIC LTIC LTIC LTIC LTIC LTIC LTIC LTIC LTIC 1_TIC [_TIC LTIC LTIC Lrlc LTIC cric LTIC LTIC 11I0 Policy 113/99 Litho in U,S.A. + 000. Cover Sheet ALTA Owner's Policy (10-21-M a , CONDITIONS AND ST1PULAT1nNs_r_nNT1N1iFn of an insured claimant any claim insured against under this pciicy, together with any costs, attorneys' fees and expenses incurred by the insured claim- ant which were authorized by the Company up to the time of payment and which the Company is obligated to pay; or (ii) to pay or otherwise settle with the insured claimant the loss or da^-q.ge provided for under this policy, together with any costs, attorneys' 3 d expenses incurred by the insured claimant which were authorized ompany up to the time of payment and which the Company is obligated to pay. Upon the exercise by the Company of either of the options provided for in paragraphs (b)(i) or (ii), the Company's obligations to the insured under this policy for the claimed loss or damage, other than the payments required to be made, shall terminate, including any liability or obligation to defend, prosecute or continue any litigation. DETERMINATION, EXTENT OF LIABILITY AND COINSURANCE. This policy is a contract of indemnity against actual monetary loss or damage sustained or incurred by the insured claimant who has suffered loss or damage by reason of matters insured against by this policy and only to the extent herein described. (a) The liability of the Company under this policy shall not exceed the least of: (i) the Amount of Insurance stated in Schedule A; or, (ii) the difference between the value of the insured estate or interest as insured and the value of the insured estate or interest subject to the defect, lien or encumbrance insured against by this policy. (b) In the event the Amount of Insurance stated in Schedule A at the Date of Policy is less than 80 percent of the value of the insured estate or interest or the full consideration paid forthe land, whichever is less, or if subse- quent to. the Date of Policy an improvement is erected on the land which increases the value of the insured estate or interest by at least 20 percent overthe Amount of Insurance stated in Schedule A, then this Policy is subject to the following: (i) where no subsequent improvement has been made, as to any partial loss, the Company shall only pay the loss pro rata in the proportion that the amount of insurance at Date of Policy bears to the total value of the insured estate or interest at Date of Policy; or (ii) where a subsequent improvement has been made, as to any par- tiL she Company shall only pay the loss pro rata in the proportion that 120 percent of the Amount of Insurance stated in Schedule A bears to the sum of the Amount of Insurance stated in Schedule A and the amount expended for the improvement. The provisions of this paragraph shall not apply to costs, attorneys' fees and expenses for which the Company is liable under this policy, and shall only apply to that portion of any loss which exceeds, in the aggregate, 10 percent of the Amount of Insurance stated in Schedule A. (c) The Company will pay only those costs, attorneys' fees and expenses incurred in accordance with Section 4 of these Conditions and Stipulations. 8. APPORTIONMENT. If the land described in Schedule A consists of two or more parcels which are not used as a single site, and a loss is established affecting one or more of the parcels but not all, the loss shall be computed and settled on a pro rata basis as if the amount of insurance under this policy was divided pro rata as to the value on Date of Policy of each separate parcel to the whole, exclusive of any improvements made subsequent to Date of Policy, unless a liability or value has otherwise been agreed upon as to each parcel by the Company and the insured atthe time of the issuance of this policy and shown by an express statement or by an endorsement attached to this policy. 9. LIMITATION OF LIABILITY. (a) If the Company establishes the title, or removes the alleged defect, lien or encumbrance, or cures the lack.of a right of access to or from the land, or cures the claim of unmarketability of title, all as insured, in a reasonably diligent manner by any method, including litigation and the completion of any appeals therefrom, it shall have fully performed its obligations with respect to that matter and shall not be liable for anyloss or damage caused thereby. n the event of any litigation, including litigation by the Company or wit bmpany's consent, the Company shall have no liability for loss or clan,. . until there has been a final determination by a court of competent jurisdiction, and disposition of all appeals therefrom, adverse to the title as insured. (c) The Company shall not be liable for loss or damage to any insured for liability voluntarily assumed by the insured in settling any claim or suit withoui the prior written consent of the Company. 10. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION OF LIABILITY. All payments under this policy, except payments made for costs, attorneys' fees and expenses, shall reduce the amount of the insurance pro tanto. 11. LIABILITY NONCUMULATIVE. It is expressly understood that the amount of insurance under this policy shall be reduced by any amount the Company may pay under any policy insuring a mortgage to which exception is taken in Schedule B or to which the insured has agreed, assumed, or taken subject, or which is hereafter exe- cuted by an insured and which is a charge or lien on the estate or interest described or referred to in Schedule A, and the amount so paid shall be deem- ed a payment under this policy to the insured owner. 12. PAYMENT OF LOSS. (a) No payment shall be made without producing this policy for endorse- ment of the payment unless the policy has been lost or destroyed, in which case proof of loss or destruction shall be furnished to the satisfaction of the Company. (b) When liability and the extent of loss or damage has been definitely fixed in accordance with these Conditions and Stipulations, the loss or damage shall be payable within 30 days thereafter. 13. SUBROGATION UPON PAYMENT OR SETTLEMENT. (a) The Company's Right of Subrogation. Whenever the Company shall have settled and paid a claim under this policy, all right of subrogation shall vest in the Company unaffected by any act of the insured claimant. The Company shall be subrogated to and be entitled to all rights and remedies which the insured claimant would have had against any person or property in respect to the claim had this policy not been issued. If requested by the Company, the insured claimant shall transfer to the Company all rights and remedies against any person or property necessary in order to perfect this right of subrogation. The insured claimant shall permit the Company to sue, compromise or settle in the name of the insured claimant and to use the name of the insured claimant in any transaction or litigation involving these rights or remedies. If a payment on account of a claim does not fully cover the loss of the insured claimant, the Company shall be subrogated to these rights and remedies in the proportion which the Company's payment bears to the whole amount of the loss. If loss should result from any act of the insured claimant, as stated above, that act shall not void this policy, but the Company, in that event, shall be required to pay only that part of any losses insured against by this policy which shall exceed the amount, if any, lost to the Company by reason of the impair- ment by the insured claimant of the Company's right of subrogation. (b) The Company's Rights Against Non-insured Obligors. The Company's right of subrogation against non-insured obligors shall exist and shall include, without limitation, the rights of the insured to indem- nities, guaranties, other policies of insurance or bonds, notwithstanding any terms or conditions contained in those instruments which provide for subroga- tion rights by reason of this policy. 14. ARBITRATION. Unless prohibited by applicable law, either the Company or the insured may demand arbitration pursuant to the Title Insurance Arbitration Rules of the American Arbitration Association. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the insured arising out of or relating to this policy, any service of the Company in connec- tion with its issuance or the breach of a policy provision or other obligation. All arbitrable matters when the Amount of Insurance is $1,000,000 or less shall be arbitrated at the option of either the Company or the insured. All arbitrable matters when the Amount of Insurance is in excess of $1,000,000 shall be arbitrated only when agreed to by both the Company and the insured. Arbitration pursuant to this policy and under the Rules in effect on the date the demand for arbitration is made or, at the option of the insured, the Rules in effect at Date of Policy shall be binding upon the parties. The award may include attorneys' fees only if the laws of the state in which the land is located permit a court to award attorneys' fees to a prevailing party. Judgment upon the award rendered by the Arbitrator(s) may be entered in any court having jurisdiction thereof. The law of the situs of the land shall apply to an arbitration under the Title Insurance Arbitration Rules. A copy of the Rules may be obtained from the Company upon request. 15. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE CONTRACT. (a) This policy together with all endorsements, if any, attached hereto CONDITIONS AND STIPULATIONS 1., DEFINITION OF TERMS. The following terms when used in this policy mean: (a) "insured": the insured named in Schedule A, and, subject to any rights or defenses the Company would have had against the named insured, those who succeed to the interest of the named insured by operation of law ar juished from purchase including, but not limited to, heirs, distributees, d. ____ ___ a, survivors, personal representatives, next of kin, or corporate or fide...,Lry successors. (b) "insured claimant": an insured claiming loss or damage. (c) "knowledge" or "known": actual knowledge, not constructive knowledge or notice which may be imputed to an insured by reason of the public records as defined in this policy or any other records which impart constructive notice of matters affecting the land. (d) "land": the land described or referred to in Schedule A, and im- provements affixed thereto which by law constitute real property. The term "land" does not include any property beyond the lines of the area described or referred to in Schedule A, nor any right, title, interest, estate or easement in abutting streets, roads, avenues, alleys, lanes, ways or waterways, but nothing herein shall modify or limit the extent to which a right of access to and from the land is insured by this policy. (e) "mortgage": mortgage, deed of trust, trust deed, or other security instrument. (f) "public records": records established understate statutes at Date of Policy for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without knowledge. With respect to Section 1(a)(iv) of the Exclusions From Coverage, "public records" shall also include environmental protection liens filed in the records of the clerk of the United States district court for the district in which the land is located. (g) "unmarketability of the title": an alleged or apparent matter affec- ting the title to the land, not excluded or excepted from coverage, which would entitle a purchaser of the estate or interest described in Schedule A to be released from the obligation to purchase by virtue of a contractual condition requiring the delivery of marketable title. 2. CONTINUATION OF INSURANCE AFTER CONVEYANCE OF TITLE. T',a coverage of this policy shall continue in force as of Date of Policy in f an insured only so long as the insured retains an estate or interest in d, or holds an indebtedness secured by a purchase money mor- tgag-_ given by a purchaser from the insured, or only so long as the insured shall have liability by reason of covenants of warranty made by the insured in any transfer or conveyance of the estate or interest. This policy shall not continue in force in favor of any purchaser from the insured of either (i) an estate or interest in the land, or (ii) an indebtedness secured by a purchase money mortgage given to the insured. 3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT. The insured shall notify the Company promptly in writing (i) in case of any litigation as set forth in Section 4(a) below, (ii) in case knowledge shall come to an insured hereunder of any claim of title or interest which is adverse to the title to the estate or interest. as insured, and which might cause loss or damage for which the Company may be liable by virtue of this policy, or (iii) if title to the estate or interest, as insured, is rejected as unmarketable. If prompt notice shall not be given to the Company, then as to the insured all liability of the Company shall terminate with regard to the matter or matters for which prompt notice is required; provided, however, that failure to notify the Company shall in no case prejudice the rights of any insured under this policy unless the Company shall be prejudiced by the failure and then only to the extent of the prejudice. 4. DEFENSE AND PROSECUTION OF ACTIONS; DUTY OF INSURED CLAIMANT TO COOPERATE. (a) Upon written request by the insured and subject to the options con- tained in Section 6 of these Conditions and Stipulations, the Company, at its own cost and without unreasonable delay, shall provide for the defense of an insuredin litigation in which any third party asserts a claim adverse to the title or interest as insured, but only as to those stated causes of action alleging a defect, lien or encumbrance or other matter insured against by thin The Company shall have the right to select counsel of its choice (sL the right of the insured to object for reasonable cause) to repre- sen, - . insured as to those stated causes of action and shall not be liable for and will not pay the fees of any other counsel. The Company will not pay any fees, costs or expenses incurred by the insured in the defense of those causes of action which allege matters not insured against by this policy. (b) The Company shall have the right, at its own cost, to institute and prosecute any action or proceeding or to do any other act which in its opinion may be necessary or desirable to establish the title to the estate or interest, as insured, or to prevent or reduce loss or damage to the insured. The Com- pany may take any appropriate action under the terms of this policy, whether or not it shall be liable hereunder, and shall not thereby concede liability cr waive any provision of this policy. If the Company shall exercise its rights under this paragraph, it shall do so diligently. (c) Whenever the Company shall have brought an action or interposed a defense as required or permitted by the provisions of this policy, the Com- pany may pursue any litigation to final determination by a court of competent jurisdiction and expressly reserves the right, in its sole discretion, to appear from any adverse judgment or order. (d) In all cases where this policy permits or requires the Company to pro- secute or provide for the defense of any action or proceeding, the insured shall secure to the Company the right to so prosecute or provide defense in the action or proceeding, and all appeals therein, and permit the Com- pany to use, at its option, the name of the insured for this purpose. Whenever requested by the Company, the insured, at the Company's expense, shah give the Company all reasonable aid (i) in any action or proceeding, securing evidence, obtaining witnesses, prosecuting or defending the action or pro- ceeding, or effecting settlement, and (ii) in any other lawful act which in the opinion of the Company may be necessary or desirable to establish the titre to the estate or interest as insured. If the Company is prejudiced by the failure of the insured to furnish the required cooperation, the Company's obliga- tions to the insured under the policy shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation, with regard to the matter or matters requiring such cooperation. 5. PROOF OF LOSS OR DAMAGE. In addition to and after the notices required under Section 3 of these Con- ditions and Stipulations have been provided the Company, a proof of loss or damage signed and sworn to by the insured claimant shall be furnishes to the Company within 90 days after the insured claimant shall ascertain the facts giving rise to the loss or damage. The proof of loss or damage shah describe the defect in, or lien or encumbrance on the title, or other matter insured against by this policy which constitutes the basis of loss or damage and shall state, to the extent possible, the basis of calculating the amount of the loss or damage. If the Company is prejudiced by the failure of the insured claimant to provide the required proof of loss or damage. the Company's obligations to the insured under the policy shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation, with regard'.o the matter or matters requiring such proof of loss or damage. In addition, the insured claimant may reasonably be required to submit to examination under oath by any authorized representative of the Compare. and shall produce for examination, inspection and copying, at such reasonable times and places as may be designated by any authorized representative of the Company, all records, books, ledgers, checks, correspondence and memoranda, whether bearing a date before or after Date of Policy, which reasonably pertain to the loss or damage. Further, if requested by any author- ized representative of the Company, the insured claimant shall grant its per- mission, in writing, for any authorized representative of the Company to examine, inspect and copy all records, books, ledgers, checks, cor- respondence and memoranda in the custody or control of a third party, which reasonably pertain to the loss or damage. All information designated as con- fidential by the insured claimant provided to the Company pursuant to this Section shall not be disclosed to others unless, in the reasonable judgment of the Company, it is necessary in the administration of the claim. Failure of the insured claimant to submit for examination under oath, produce other reasonably requested information or grant permission to secure reasonably necessary information from third parties as required in this paragraph shall terminate any liability of the Company under this policy as to that claim. 6. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; TERMINATION OF LIABILITY. In case of a claim under this policy, the Company shall have the following additional options: (a) To Pay or Tender Payment of the Amount of Insurance. To pay or tender payment of the amount of insurance under this policy together with any costs, attorneys' fees and expenses incurred by the insured claimant, which were authorized by the Company, up to the time of payment or tender of payment and which the Company is obligated to pay. Upon the exercise by the Company of this option, all liability and obliga- tions to the insured under this policy, other than to make the payment required. shall terminate, including any liability or obligation to defend, prosecute. or continue any litigation, and the policy shall be surrendered to the Company for cancellation. (b) To Pay or Otherwise Settle With Parties Other than the Insured or With the Insured Claimant. (i) to pay or otherwise settle with other parties for or in the name Laii�uyers 1 e insurance Corooration NATIONAL HEADQUARTERS RIMMOND, VIMNIA OWNER'S POLICY NUMBER 113 - 00 - 456232 SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE CONDITIONS AND STIPULATIONS, LAWYERS TITLE INSURANCE CORPORATION, a Virginia corporation, herein called the Company, insures, as of Date of Policy shown in Schedule A, against loss or damage, not exceeding the Amount of Insurance stated in Schedule A, sustained or incurred by the insured by reason of: 1. Title to the estate or interest described in Schedule A being vested other than as stated therein; 2. Any defect in or lien or encumbrance on the title; 3. Unmarketability of the title; 4. Lack of a right of access to and from the land. The Company will also pay the costs, attorneys' fees and expenses incurred in defense of the title, as insured, but only to the extent provided in the Conditions and Stipulations. IN WITNESS WHEREOF the Company has caused this policy to be signed and sealed, to be valid when Schedule A is countersigned by an authorized officer or agent of the Company, all in accordance with its By -Laws. Lau*wsTide Insurance Corporation Attest: By; I g (P Secretary. President EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters: (a) created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy. Policy 113/99 Litho in U.S.A. a poles (t421 87) 035-0-113199-0006 Cover Sheet ALTA Owr►er OWNER'S POLICY SCHEDULE A ,ear No. 402130-0 a Amount $ 255, 000.00 Policy No. 113-00-456232 Premium Amount $ 833.00 Date of Policy: August 12, 1992 at 3:56 P.M. 1. Name of Insured: R EEM L. ZUPANCIS 2. The estate or interest in the land which is covered..by the policy is: 3. Title to the estate of in the land is vested in: RCEERT L. ZUPANCIS 4. - I and r twredu to in this policy is located in • - State of 1crado, County of Pitkin and is descrdhed as follows: South one-half Lot Nine and all of Lots ten, eleven and twelve in Block three (S1/2 Lot 9, all of Lots 10, 11 and 12 in Block 3) Williams Additions to the City and Townsite of Aspen, ather with all im�p�uvgnents thereon. A Parcel of land s3.tuated in the NE 1/4, SW 1/4, Section 7, Township 10 South, Range 84 West City of Aspen, being more fully l y described as follows: Beg3mu g at the SE Cn= ier of Lot 12, Block 3, Williams Addition; thence South 40 ° 33' 07" West, 36.01 feet; theno= South 83 ° 49' 00" West, 43.64 feet; dxu ce 58.72 feet along the arc of -a curve to the right having a radius of 245 feet; (Contiinied ) ntn-bersiclnati Authorized Officer or Agent This Policy is invalid unless the coves sheet and Schedule B are attached. ALTA Owner's Policy (10-21-87) T=- (amtirmed) oar No. 402130-0 Policy No. 113-00-456232 thence North 00 ° 40' 00" Fast, 32.82 feet to the SW cornier of said Lot 12; thence South 89020100" East, 125.00 feet along the South boundary line of said Lot 12 to the Point of m,; ng . 6klV'Ro a :ZJ;A:Z-klvo OWN: C iMI ' B Order • 402130 Policy No.113-00-456232 PART I This policy dope not insure against loss or dwage (and the Company will not pay costs, at toraNeys I fees or p�se_s) which arise by reason by: 2. Easemmats, or claims of easements, not shown by the public records. ae@4'10" am fit go :�•� • age 5. Unpatented mining claims; Brvatiais or in patents or in Act authorizing the JSSunnnn thereof; water rights, claim or title to water. 6. Any and all urpaid taxes, as and tax sales. Right 9. Right of way for pole lines and wires as set forth in instrument recorded January 20, 1887, in Book 29 at Page 582. • Easement a•right ofway•1 snow •iI .g purposes, granted to :i. • of County • • a of Pitkin County byinstnment . c x •� •:•November1984, Rio ' • at Page 182, said easement being over the Southerly 5.00 feet of subject prpperit..Y-. 11. QaUnance No. 52 ( Series for 1988) recorded January 6, 1989, in Boob 585 at Page 330. i2. OXCEMId-AhIL of wooden ferjoe- onto adioini= per to the West as evidenced by Improvement •r.w• - t• rt- by •Buettner•.•_• July 22,, 1992. 13. ux-1ramt, Of a-XX-1;Lt= sla onto adjoining pir to the West as evidenced by Improvement•r • - r. •- by •lis H. Buettner• . •c• july 22, 1992. (Continued) ALTA Standard Policy, Western Region - Farm No. 1402-C ( Rev. 9/87 ) (:� /MCI' • �. •sZ coo", MOO, •7• MMErlemw, I • M. evidenced by mm• _ -nt TomtIcn. Certificate by •Buettner• dated County •r • - use of •x •• . • - an Oregcn ••i • •w_ •• • •• 20 =- ATTACHMENT B �.-T^ .. il•4 t tr " A <s a WHEN RECORDED MAIL TO: A347663 Oe/12/92 15153 Rac $30.00 BK 6196 PG 33 Silvia Davis, Pitkin Cnty Clark, Doc R"00 •�'f_ ..i •fit;" .- - MORTGAGE ---_ .. —•--- •-•-_- __- .. _.__..___ ___ _�_ _. _._.___.. _ �__. �_ f c :,:: � PLAZA INC. , 'P.O. BOX 999 MEDF 97501 ► f tf•'r ,ay (Space Above This Llno Fee Recording Dotal05-11-9209-532 t t , DEED OF TRUST , among the THIS DEED OF TRUST (CSesuril @MAN on AUGUST 3, 1992 ed PITKIN - grantor ROBERT L. ZUPAN AN i EO - ("Borrower"), f•b JK> .. county ("Trtistes"), and the beaelicimy,t- the Public Trustee of P 1 TX I N ~ k PLAZA MORTGAGE. INC.. ` •� `{ 4 L AN OREGON CORPORATION - which is orgaafzed and existing undr. the laws of OREGON whose address is P.O. BOX 999, ( Linder ). : • � � :;: MEDFORD. OR. 97501 principal aas of Borrower owes Leod.r the Pr� Pa � •--' �, �- ` � ; ,. ONE HUNDRED EIGHTY SIX THOUSAND AND ' NO/ y Borro-wwy now dated � no@ date as this amity )•'llni. by isevdts, Dollars (U.S. S 1a6.000. 00 w Instrument ("Note"), which provides for monthly payments, with the Intl debt, if not paid earlier, din andpayable ly debt to Lander. (a) the repay a. SEPTEMBER 1. 2012 This Security Instrument secure@ this Security Instrument; and (c) the evidenced by the Note, with inbraa, and all renewals, extensions and modifications s of the Note; (b) tha payment of ail evidenced interest, advanced seder paragraph 7 to protect the security of Paraements intwesr's seas, with and under this Security Instrument and the Note. Far this purpose, . covenants performance' in trust, of the trust herein created, Ir». bly greats and conveys to Trustee, Borrower, in co,:;daratnoe of the debt and sty. is wing described property toot with power of sale, the 10110 Colorado: LOTS 10, 11. 12 AND THE S 1/2 OF LOT 9, BLOCK 3. •.1,.,. M WILLIAMS ADDITION TO THE CITY AND TOWNSITE OF ASPEN, •, more fully described in the Exhibit A legal description attached hereto and made a part hereof. k ` .'. Re r ' - j ASPEN. which has the address of 510 WALNUT STREET. (S(aq) i `i! » Z } Colorado 91611 ("Property Address"). < (Zip code) TOGETHER WiTH all the improvements now of hereafter erected as the property. and all easements. appurtenances, and tix/w+e now Or hereafter a part of the property. All replaeemeot@ and addil'wn@ shall also be covered X. by this Security lasiruma►t, All of 1M toregoint is referred to in this Security lastmaeat as the 'Property." ed and has the right to BORROWER COVENANTS that Borrower is lawfully wised of the estate hereby conveyed . Borrower rnbeted, except for encumbrances of ecor grant and convey the Property and that the Property is una+curd warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbraness \of record, 1 THiS SECURITY INSTRUMENT combines uniform cotenants for national a^ non -uniform covenants with + limited variations by jurisdiction to constitute a uniform security instrument coveringreal t covenant and agree as follows. UNIFORM COVENANTS. Borrower and Lender g 1. Payment of Principal and Interest; Prepayment and Late Charges. Borrower 'doll Promptly pay when dw .� the principal of and interest on the debt evidenced by the Note and any prepayment and late charges due under the Note. t t'aga i et S Ferw IOOt 1•11 + COLORA00 - smf+e Fa.ntp h-fn T-tzut-4t Faws Maa/Fr*ase Mac UNIFORM INSWMB(T .45 V, #347665 08/12/92 13t53 Rac $30.00 BK 686 Pa 34 Silvia Davis, Pitkin Cnty Clark, Doc 111.00 2. Funds for Taxes and Insurance. Subject to applicable low or to a written waiver by Lender, Borrower shall pay to Loader on the day monthly payments are due under the Note, until the Note is paid in lull, a sum ("Funds") for: (a) yearly taxes and assessments which may attain priority over this Security luirvmst as a lien on the Property; W yearly leasehold payments or ground rents on the Property, it any; W yearly hazard or property insurance prorn-ims', W z. yearly flood insurance premiums, if any; (a) yearly mortgage insurance premiums, it lay; and (1) any sums payable by Borrower to Leader, in accordance with the provisions of paragraph 1, in lien of the payment of mortgage insurance premiums. Then items are called "Escrow Items' Lander may, at any time, collect and hold Funds in an amount not to -paid the maximum amount a leader for a federally related mortgage ken may require Itir Borrower's escrow ftcc"t under the federal Real Estate Settlement Procedures Act of ;974 u amended from time to time, 12 U.S.C. 12601 at seq. 3 ZA ("RESPA"), unless another law that applies to the Foods sets a lesser amount. It so, Leader may, at any time, collect and J hold Funds in an amount not to exceed the lesser amount. Lender may estimate the amount of Funds duo on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with applicable law. The Funds shall be hold in an institution whose deposits are insured by a federal agency, instrumentality, or entity (Including Lander, it Lender is such in institution) or in any Federal Home Loss Beak. Leader shall apply the Funds to 11! 7-4 pay the Escrow Items. Lender may not charge Borrower for holding and applying the Funds, annually analyzing the escrow socouni, or verifying the Escrow items, unless Lender pays Borrower interest on the Funds and applicable law permits Lander to make such a charge. However, Leader may require Borrower to pay a one-time charge for an independent real estate tax reporting ""ice used by Lander in connection with this loan, unless applicable law provides otherwise. Unless an agreement is made or applicable law requires interest to be paid, Lander shall not be required to pay Borrower any interest or earnings an the Funds. Borrower and Lander may scree in writing, however, that interest shall be paid on the Funds. Lander shall give to Borrower, without charge, an annual accounting of the Funds, showing credits and debits to the Funds and the purpose for which each debit to the Funds was made. The Funds are pledged as additional security for all sums secured by this Security Instrument. If the Funds hold by Lander exceed the amounts permitted to be hold by applicable law, Leader shall account to Borrower for the excess Funds in accordance with the requirements of applicable law. It the amount of the Funds hold by Leader at any time is not sufficient to pay the Escrow Items when duo, Leader may so notify Borrower in writing, and, in such can Borrower shall pay to Lander the amount necessary to make up the deficiency. Borrower shall make up the deficiency in no more than twelve monthly payments, at Lender's sole discretion. Upon payment in full of all sums secured by this Security Instrument, Lander shall promptly refund to Borrower any Funds hold by Lander. 11, under paragraph 21. Lander shall acquire or sell the Properly, Loader, prior to the acquisition or sale of the Property, shall apply any Funds hold by Lander at the time of acquisition or nit as a credit against the some @@=ad by this Security Instrument. ..J* 3. Application of Payments. Union applicable law provides otherwise, all payments received by Lander under paragraphs I and 2 shall be applied: first, to any prepayment charges duo under the Not*,, second, to amounts payable under 7V paragraph 2; third, to interest due; fourth, to principal duo; and Jut, to any tole charges due under the Note. 4. Charges; Lions. Borrower shall pay all (axes, Assessments, charges, Mae and impositions attributable to the Property which may attain priority over this Security Instrument, and leasehold payments or ground rents, if any. Borrower shall pay these obligations in the manner provided in paragraph 2, or it not paid in that manner, Borrower shall pay them on time directly to the person owed payment. Borrower shall promptly furnish to Lender all notice* of amounts to be paid under this paragraph. 11 Borrower makes these payments directly, Borrower shall promptly furnish to Lander receipts evidencing the payments. Borrower shall promptly discharge any lion which has priority over this Security Instrument unless Borrower: (a) ogre" in writing to the payment of the obligation secured by the lion in a manner acceptable to Lender; W contests in good faith the lion by, or defends against enforcement of the lion in, legal proceedings which in the Loader's opinion operate to prevent the enforcement of the lion; or W secures from the holder of the No an agreement satisfactory to Lander subordinating the lien to this Security Instrument. 11 Lander determines that any part of the Property is subject to a lion which may attain priority over this Security Instrument, Lander may give Borrower a notice identifying the lion. Borrower shell satisfy the lion or take one or more of the actions sal forth above within 10 days of the giving of notice. S. Hazard at Property Insurance. Borrower shelf keep the improvements now existing or hereafter a- led on the Properly insured against law by tire, hazards included within the term "extended coverage" and any other hazards, including floods or flooding, for which Lender requires insurance. This insurance shall be maintained in the amounts and for the periods that Lander requires. The insurance carr;er providing the insurance shall be chosen by Borrower subject to Lander's approval which shall not be unreasonably withheld. It Borrower fails to maintain coverage described above, Loader may. at Loader's option, obtain coverage to protect Lander's rights In the Property In accordance with paragraph 7. All insurance policies and renewals shall be acceptable to Lender and shall include a standard mortgage clause. Lander shall have the right to hold the policies and renewals. It Lander requires, Borrower shall promptly give to Lander all 14 receipts of paid premiums and renewal notices. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender.' Lender may make proof of loss it not made promptly by Borrower. Union Lender and Borrower otherwise agree in writing, insurance proceeds shall be applied to restoration or repair of the Property damaged, if the restoration or repair is economically feasible and Lander's security is not lessened. If the restoration or repair is not economically feasible or Lender's security would be leavened, the insurance proceeds shell be applied to the sums secured by this Security Instrument, whether or not than due, with any excess paid to Borrower. If Borrower abandons the Property, or don not answer within 30 days a notice from Lander that the insurance carrier has offered to settle a claim, then Leader may collect the insurance proceeds. Loader may us the proceeds to repair or restore the Property or to pay sums secured by this Security Instrument, whether or not than duo. The 30-day period will begin whom the notice is given. y :A Union Lender and Borrower otherwise agree in writing, any application of proceeds to principal "I not extend or postpone the due data of the monthly payments referred to is paragraphs I and 2 or chute the smoust of the payments. It '/.!.k under paragraph 21 the property is "mired by Lander, Borrower's right to say insurance policies and proceeds rso fling from damage to the Property prior to the acquisition shall Paw to Lender to the extent of the sums secured by this Security Instrument Immediately prior to the acquisition. 6. Occupancy, Preservation, Maintenance and Protection of the Property; Borrower's Loan Application; Leaseholds. Borrower shall occupy, establish, and use the Properly as Borrower's principal residence within sixty days after the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at tout one year after the date of occupancy. unless Lander otherwise agrees in writing, which consent shall not be unreasonably wilhhoW, or unless extenuating circumstances exist which am beyond Borrower's control. Borrower shall not destroy, damage or impair the property, allow the Property to deteriorate, or commit waste an the Property, Borrower shall be in default it any forfeiture action of prorueding, whether civil or criminal, is begun that in 1.4inder's good faith COLORADO - Single Family PW I of S Fune Mm/Frt"* Mac UNIFORM INSTRUMENT form 3006 1-11 (4-11) T-12191-42 71 Fi-I t #347665 08/12/92 15:35 Rec $30*00 BK 6" pa 35 Silvia Davis, Pitkin Cnty Clerk, Doc s.00 judgment could result in lorloiture of the Property or otherwise materially Impair the lion created by this Security Instrument cc Lender's security interest Borrower may cure such a default and reinstate, as provided in paragraph 18, by .tit 4 cawing the action or proceeding to be dismissed with a ruling that, in Lender's good faith determination, precludes forfeiture of the Borrower's interest 6 the Property or other material impairment of the lien created by this Security Instrument or Leader's security interest. Borrower shall also be in default it Borrower, during the loan application 4 process, gov., materially Islas or inaccurate information or stalemants to Leader (or failed to provide Lander with any 1-, material inlormstiec) is connection with the Wan evidenced by the Note, including, but not limited to, representations concerning Borrowers occupam y of the Property as a principal residence. 11 this Security Instrument is an a Wambold, Borrower shall comply with all the previsions of the lease. It Borrower acquires fee till* to the Property, the leasehold and the fee till* shall not merge unless Lender ogre" to the merger in writing. 7. Protection of Lander's Rights In the Property. It Borrower fails to perform the covenants and agreements contained in this Security Instrument, or there in a legal proceeding that may significantly affect Lender's rights in the Proper laws Property (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture or to enforce Iw or regulations), then Loader may do and pay for whatever is necessary to protect the value of the Property and Lenders rights in the Property. Lender's actions may include paying any sums secured by a lion which has priority over this Security fees the Property to repairs. Although ti., Instrument, appearing i4court, Pay int reasonable attorneys' and entering on make Lender may take action under this paragraph 7. Lander does not have to do m T Any amounts disbursed by Lander under this paragraph 7 shall become additional debt of Borrower secured by this V i 4 Security instrument. Uakn Borrower and Lander agree to other terms of payment, the" amounts shall bear interest from the date of disbursement at the Note rat* and shall be payable, with interest, upon notice from Lender to Borrower! kv requestiat payment. E. Mortgage Insurance. It Loader required mortgage insurance as a condition of making the loan secured by this fly Instrument. Borrower shall pay the premiums required to maintain the mortgage insurance in effect. If, for any Secur reason, the mortgage insurance coverage required by Lander lapses or ceases to be in effect, Borrower shall pay the , 4­4- lent to the mortgage insurance previously in effect, at a cost premiums required to obtain toverste substantially equivalent to the cost to Borrower of the mortgage insurance previously in effect, Isom an 2118fettl subabatially equitstmi mortgage insurer approved by Lander. 11 substantially equivalent mortgage insurance coverage is not available, Borrower premium being paid by shall pay to Lends' each month a sum equal to on* -twelfth of the yearly mortgage insurance prom lapsed to be in effect. Lander will accept, use and retain them payments Borrower when the insurance coverage or ceased • ks a Jose reserve in lieu of mortgage insurance. Lou rose"* payments may no longer be required, at the option of Lander, it rwrtgat* insurance coverage (in the amount and for the period that Lender requires) provided by an insurer approved by Lander again becomes available and is obtained. Borrower shall pay the premiums required to maintain mortgage A insurance in effect, or to provide a low reserve, until the requirement for mortgage insurance ends in accordance with any written agreement between Borrower and Lender or applicable law. 9. Inspection. Lander or its spat may make reasonable entries upon and inspections of the Property. Lander shall lire Borrower notice at the time of or prior to in inspection specifying reasonable cause for the inspection. 10. Condemnation, The proceeds of any sword or claim for damages, direct or consequential, In connection with any condemnation or other taking of any part of the Property, or for conveyance in lieu of condemnation, are hereby assigned and shall be paid to Lander. In the event of a total taking of the Property, the proceeds shall be applied to the sums focured by this Security In taking the Property in Instrument, whether or not then'dus, with any excess paid to Borrower. the event of a partial of the %r which the fair market Yalu* of the Property immediately boilers the taking is equal to or greater than the rmount of sums secured by this Security Instrument immediately before the taking. unless Borrower and Lander otherwise agree in writing, the sums securedby this Security Instrument shall be reduced by the amount of the proceeds multiplied by the following friction: (a) the total amount of the sums secured immediately bolero the taking, divided by W the fair market Yalu* of the Property immediately before the taking. Any balance shall be paid to Borrower. In the event of a partial taking of the Property in which the fair market value of the Property immediately before the taking is Ion than the amount of the sums moc red immediately before the taking. unless Borrower and Lander otherwise agree in writing i ing or g unless applicable Law otherwise provides. the proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are then due. 11 the Property is abandoned by Borrower, or if, after notice by Lander to Borrower that the condemnor offers to 1.0 notice make an award or settle a claim for damages. Borrower fails to respond to Lander within 30 days after the date h is given, Lander is authorized to collect and apply the proceeds, at Its option, either to restoration or repair of the i Property or to the sums secured by this Security Instrument, whether or not thou duo. Unless Lander and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or postpone the duo date of the monthly payments referred to in paragraph I and 2 or change the amount of such payments. N 11. Borvower Not Poleased; Forbearance By Lander Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument granted by Lander to any successor in interest of Borrower shall not operate to release the liability of the original Borrower or Borrowers successors in interest. Lender shall not be required to commence proceedings against any successor iu interest or refuse to extend time for payment or otherwise modify smartintion of the sums secured by this Security instrument by reason of any demand a. mad* by the original Borrower or Borrower's successors in interest. Any forboanace by Lender in *.a ising any right or remedy "I not be a waiver of or preclude the exercise of any right or remedy. -signers. The covenants and it meats of Joint Several Liability; Co gm 12. Successors and Assigns Bound; and A Berm this Security Instrument shall bind and benefit the successors and assigns of Lander or war, subject to the provisions of paragraph 17. Borrower's covenants and agreements shall be joint and several. Any Borrower who co-signs Instrument to S., this Security Instrument but does not execute the Note: (a) is co-sigaint this SOMitY only mortgage, grant Instrument, W Is r I-* and convey that Borrower's interest In the Property under the terms of this Security not personalty obligated to pay the sums secured by this Security Instrument; and W agrees that Loader and any other Borrower may agree to extend, modify, forbear or make any accommodations with regard to the (arms of this Security Instrument or the t Note without that Borrower's consent. 13. Loan Charges. If the loan secured by this Security Instrument is subject to a law which tots maximum loan charges, and 'hat law is finally interpreted to that the interest or other 1,nn charges collected or to be collected in connection wit'a the loan exceed the permitted limits, then: (a) env such Ian charge shall be reduced by the amount to redvzo the charge to the permitted limit; and W say sums already collected from Borrower which exceeded necessary Permitted limits will be refunded to Borrower. Lander may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any Prepayment charge under the Note. MORADO - Sk*s Family Pop 3 of I Form 3006 1.11 Fwm Meeirrefte Mac UNIFORM IN:TMJMENT (4-92) T-12161-43 jamWOO ��; ` .t cso+�r.'rr►a:�-+.ti�orir. i�'S�tk�3.?tti'`t.cxiey�+:�rt�: �=di�1�s Sg,otiL v�`r•,' ALI ice• , :1::' •• ' S'. #347665 08/12/92 15t53 RQc $30.00 BK 606 PO 36 c •• ,' ``: Silvia Davis, Pitkin Cnty Clerkr Doc !<.00 • 1 't `fh 11 bs iron Is delivering it arr'e ffin.tm 14. Notices. Any notice to Borrower pronded for in the Securely natrnmen s a g y by trailing it by firs/ class trail unless applicable law requires use of another method. The notice shall be directcj to the property Address or any other address Borrower designates by notice to -Lander. Any notice to Lender shall I* given by first class mail to Lander's address stated herein or any other address Lender designates by notice to ! Borrower. Any notice provided for in this Security Instrument shall be doomed to have been given to Borrower or Lander when given as provided in this paragraph. 15. Coverning Law; S*sorability. This Security Instrument shall be governed by federal law and the tea of c the jurisdiction in which the Properly is located. In the event that any provision or clause of this Security Instrument or the Note conflicts with applicable law, such conflict shall Dot affect other provisions of this Security Instrument or the Note which can be liras offsetwithout the confl'tet'mg provision. To this and the provisions of this Security �h..• r:a�... lastromenI and the Note are declared to be severable. 16. Borrowsr's Copy. Borrower shall be given one conformod copy of the Note and of this Security Instrument. 17. Transfer of the Property er a Beneficial Interest in Borrower. If all or any part of the Property or any interest in it is void or transferred (or it a beneficial interest in Borrower is sold or transferred and Borrower is sot a natural person) without Lender's prior written consent. Leader may, at its option, require immediate payment in full of all suns secured by this Security instrument, Howevert this option shall not be exercised by Lender it exercise is prohibited by federal law as of this date of this Security instrument. it Lander exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the dale the notice is delivered or mailed within which Borrower must pay all sums secured by this Security instrument- If Borrower fails to pay these rums prior to the expiratic-i of this period, Under may invoke any remedies permitted by this Security instrument without further notice or demand on Borrower, 18. Borrower's Right to Reinstate. If Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Security instrument discontinued at any time prior to the earlier of: (a) S days (or such other per as applicable law may specify for reinstaloment) before ale of the Property pursuant to any power of sale contained in this Security Lutrumenl; or (b) entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower: (a) pays Under all sums which then would be due under this Security instrument and the Note as _ if no acceleration had occurred; (b) curs any default of any other covenants or agreements; (c) pays all expenses takes Incurred is enforcing This Security instrument, including. but not limited to, reasonable attorneys' fees; and (d) such action as Under may reasonably require to assure that the lien of this Security instrument, Lander's rights in the Property and Borrower's obligation to pay the sums secured by this Security Instrument shall continue unchanged. t, Upon roinstatement by Borrower. this Security instrument and the obligations s cared hereby shall remain fully elfectire as it no seceloration bad occurred. However, this right to reinstate shall not apply in the case of acceleration under paragraph 17. y 19. Sale of Note; Change of Loan Servicor. The Note or a partial interest in the Note (together with this Security Instrument) may be said one at more limes without prior notice to Borrower. A ale may result in a change in the entity (known as the 'Lose Servitor") that collects monthly payments due under the Note and this Security Instrument. There also may be one or more changes of the Loan Serricer unrelated to a ale of the Note. 11 then is a Chang* of the Loan Serricer, Borrower will be given written notice of the change in accordance with paragraph 14 ice will state the name and address of the new Loan Servicer and the address to above and applicable law. The not which payments should be made. The notice will also contain any other information required by applicable law. 20. Hazardous Substances. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances on or in the Property. Borrower shall not do, not allow anyone else to do, anything ng the Property that is in violation of any Environmental Law. The preceding two sentences shall not apply to affecting the pt•ng thece, use, or storage on the property of small quantities of Hazardous Substances that are generally recognized ; to be appropriate to normal residential uses and to maintenance of the Property. Borrower shall promptly lire Lender written notice of any investigation, claim, demand, lawsuit or other action by any governmental Or regulatory agency or prinlo party involving the Property and any Hazardous Substance or tc, i Enrironmentsi Law of which Borrower has actual knowledge, if Borrower learns, or s notified by any governmental or regulatory authority, that any removal or other remodistion of any Hazardous Substance affecting the Property is necessary. Borrower shall promptly take all necessary remedial actions in accordance with Environmental Laa. As used in this paragraph 20, "Hazardous Substances" are those substences• defined as toxic a hazardous subets -ces by Environmental Law and the following substances: gasoline, kerasono, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials. As used in this paragraph 20, 'Eoviroamentel Law" means lode -al laws and laws of the jurisdiction where the Property is located that relato to health, safety or environmontal protection. NON-UNiFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 21. Acceleration; Romedies. Lender shall tiro notice to Borrower prior to acceleration following Borrower's breach of any covonant or agreement in this Security Instrument (but not prior to acceleration under paragraph 17 unless applicable law provides otherwise). The noises shall specify: (a) the default; (b) the action required to core the default; (c) a dale, not less then 30 days from the date the notice is given to Borrower, by which the default must be cured; and (d) that failure to cure the default on or before the date specified in the notice may result in acceleration of the sums secured by this Security Instrument and sale of the property. The notice shall further inform Borrower of the right to reinstate after acceloration and the right to assert in the foreclosure proceeding the non-existonc-9 of a default Jr any other dsfonse of Borrower to acceleration and sale. It the default is not cured on or before the date specified in the notice, Lender at its option may require immediate payment in Intl of all sums secured by this Security Instrument without further demand and may invoke the power of sale and any other remodies permitted by applicable la •Lander shall be obuttledo/to collect to,all reasonableexpenses l Incurred In feesuind ng the romedies provided In ibis paragraph + g. costs of title evidence. It Lender invokes the power of sale. Lender shall give written notice to Trustee of the occurrence isl an event' of default and of Lander's election to cause the Property to be sold. Lender shall mail a copy of d I rho notice in the county \ the notice to Borrower as provided in paragraph 14. Trustee shall recor a copy o 1 in which the Property is located. Trustee shall publish a notice of sale for the time and in the manner ided by applicable law and shall mail copies of the notice of sale in the niannor prescribed by provi applicable law -to Borrower and to other persons proscribed by applicable law. Alter the time required by applicable law, Trtastee, without demand on Borrowwr+ shall al! the Property at public auction to the �. MORADQ - Sin Ve Family 4 of ! Frio nos t-ft (�-t21 T-titft-41 Farswe MuirroMe Mac UNIFORM WSTRUMINT 'lqiill O '• `i'�C •t• .�' .-E• :'t i, t`f ,-.I !Si•.:J'i: ,,,, �•:iT '» f.,"'-•w 4Y�2t�+i�� , r f 11347665 08/12/92 iStSS Rec $30.00 BK b86 PQ 37 , •�� Ptn ty Clark, Doc $.0O 8iviaDaysiv i•%` ¢d.-'� host biddw for cash at the time and place and under the terms designated in the notice of sale in ono w ," . tiaore parcels and in any order Trustee determine*.. Trustee may postpone sale of any parcoi of the Property ';! ; . ' by public announcement at the time and place of say proviously schodslod sale. Lender or its designee any }urcham the Property at any cale.. _ ! a�. , �� �4�• t' , 'r'..r , •. . *Trost« shall deliver to the purchaser Trustee's certificate describing the Property and the time the, a' retehasor will be entitled to Trustee's deed. The recitals In the Ttustoo's deed shall be prima facie evidence et the truth of the statements nudo therein. Trustee shall apply the proceeds of the sal* in the following �`sderi (a) to all osp*nses of the sale, Including, but not limited to, reasonable Trustee's and attorneys' fees; ` • t; (b) !e . allsemi soc+sred by this Security lastrun►ont; and (c) ,any excess to the pw a or persons legally t Hod is It. �; "22. Rdoase. Upoo payment of all sums "Co. d by this Security Instrument. Lender shall request that Trust" ( release this Swwity Instrument and shall produce for Trustee, duly cancelled, all notes evidencing debts secured by this N i Sec arity Isatrumest. Trustee shall rslow this Security Instrument without further inquiry or liability. Borrower shall e `ay say recordation costs and the statutory Trustees leeo. "-2X Waiver of Homestead. Borrower waives all right of homestead exemption in the Property. �. r. 24. Riders to this Security Instrument. It one or more riders are ox-cuted by Borrower and recorded together with this Security instrument, the covenants and agreements of each such rider shall be incorporated into and shall amend ' rod sepplostost rho covenants and Agreements of this Security Instrument As it the rider(:) were A put of this Security lastrumat. (Check applicable bosee(es)j F� Adjostable Rate Rider Condomiaism Ride 1.4 Family Rider ` Grduated Payment Rider . Plannd All Development Rider Biweekly Payment Rider J rr _' Bella" Rider Rate improvement Rider Second Home Rider Other(s) (specify] 1 BY SIGNING BELOW, Borrower Accepts Sad Itrw to the terms and Comsat@ contained In this Securer last emeat and in any rider(:) osecd ut*d by Borrower arecorded withft.. - 4 y �taosis '. ` ' • t nU- : , r ,4 4r. ,'6 J {- ti l + yjp } ` . 4� T Nwi �. � �iti.. �104-.�• jam, ¢ �, .. y'µ � f '4 . a �, �.. I. - .•4..-.'t;'.•� �. ,... _ I . �� .� `� ,r�. �J�; �` ♦s; t - •_ _ rt''i'y' S (S.al) '.tie ROB RT. L.,.ZUPAN Bomwer Domwer (Seal) }�M V" _ Borrower (Space Below This Une For AeknewlNpment) .f STATE OF CCLORADO: Pitkin Cauntq se: The foregoing instrument was acknowledged before me this 3rd day of August 1992 , by Robert L. Upancis 4: Witneos my had And official sal. x. _.. : . my Commission expires: 9-6-92 46 N" Punt S L spa` OF C� ' y COLGRADO - sk+ate ruatb Pqa $et s Fume Mes/FtsMle Mac tt iFOAM INST1 WINT i� , ` y,.:..,,,.,•^-� _.. / , :, � ,•�i"4``�ia',i�i•:ab �.rY ;'.w�su .i�atascY,;.s.{�..:;..;�E •��i r Farm 3006 t-At (4-14 7-11161-4s Lf I^' l,?.r r'1� J �+.. -, . s',.r.� l � .•..�Y ' 1 �r.,,�+•y: •Y� .♦ •tC 1 `� y- f-- , � .J; !'` 011 •�v .�-•�. +.,� EXHIBIT A Legal Description BK PO IW33. ' ##347665 08/12/92 15:55 Rac $30.00 UM ., Silvia Davis, Pitkin Cnty Clark, Doc *.00 `• South one --half Lot Puna and all of tote ten, eleven and twelve in AV""sip B1odc three (Sl/2 tot 9, all of Lots 10, 11 and 12 in Hlodc 3) Mor WUliaMa Addition to the City and Townaitim of Aspen, tngathOr with all �r 'imxovements tfieLeai• A Parcel of land situala d in the NB 1/4, SW 1/4, Section 7, whip ; �•f 10 South, Range 84 West; City of Aspen, Oalorado being fully ; described follows: �- ,•. itli ms Begbming at the Sa Corner of Lot 12, Ma* 3, W Additions �1• ` theSouth 40.33'07" West, 36.01 feat= e-ence South 83.49'00" West, 43.64 feet: : ' ! -. thencs 58.72 feet along the are of a save to the right having a - ��:: �• `, radius of 245 feet: :Dance North 00.40100" East, 32.82 feet to the SW corner of said Lot 12; thence South 89.20'00" East, 125.00 feet along the South boundary lime .,� of said tot 12 to the Point of Beginning. County of Pitkin, ' State of Colorado a>yy r•� ..fir r. �qi 1t r A /.. r �A ,. `�'•. �• pI tin, J c ... .i;. j: tom. "/ .. '(" • ATTACHMENT D CITY MAP 1 � � NERE i � r � r � 1 i l!� 1 (Ji 1 1 % 1 r � 1 l Q / / co �00 ` O • �qy ENGINEERS SURVEYORS (970) 925-6727 SCHMUESER P.O. Box 2155 FAX (970) 925-4157 GORDON MEYER Aspen, CO 81612 May 2, 1996 Mr. Robert Zupancis Ms. Silvia Davis P.O. Box 11481 Aspen, CO. 81611 RE: Zupancis Subdivision, Revised Engineering Report Dear Robert and Silvia: This letter comprises a revised Engineering Report for the proposed subdivision application for a property owned by Robert Zupancis in the Williams Addition to Aspen, Colorado. The property currently includes two residential dwelling units addressed as 510 Walnut Street and 511 Race Street. The property that is the subject of this application includes the southerly 1/2 of Lot 9 and all of Lots 10, 11 and 12 of Block 3 of the Williams Addition to the City and Townsite of Aspen as well as a metes and bounds parcel adjacent to South Avenue. The lot split proposal will now create two parcels along a generally east west boundary (revised from the previously proposed north -south division) within the existing property. The lot split will generally place the two existing residences on the northerly parcel although the west residence will encroach up to 20 feet into the southerly parcel. The northerly parcel comprises 7,500 square feet and is now to be Lot 1 and the southerly parcel, at 9,246 square feet, is Lot 2. 1 had previously spoken with representatives of all the primary utilities and inspected the site with regard to the availability of all secondary utilities. I would offer the following updated comments based on the revised lot configuration; 1. Water Phil Overeynder, the Director of the City of Aspen Water Department, indicates that water service to the existing homes, as well as any future redevelopment of the newly created lots, is available from the existing 8 inch diameter ductile iron water mains in South Avenue, Race Street or a recently constructed main extension in Walnut Street. No special physical constraints exist with regard to providing service to potential redevelopment of the newly created lots and the City has sufficient capacity to serve new homes on either parcel. Service to new homes would be provided subject to submission of an in -town tap application once the new homes were designed (so service requirements can be determined). Given the ages of the existing structures, it is unlikely that there would be any credit associated with previous tap fees paid for the existing services. New homes on the two lots would therefore be subject to full tap fees as well as new service construction for City water service. Phil also notes that the newly constructed water main extension in Walnut Street is subject to a rebate requirement for the costs incurred by the owner of 515 Walnut for its construction. New taps to this main would require payment of a proportionate share of the approximately $18,000 cost of construction in addition to normal tap fees and connection charges. Reconfiguration of the internal parcel boundary to east -west 118 West 6th, Suite 200 • Glenwood Springs, Colorado • (970) 945-1004 May 2, 1996 Mr. Robert Zupancis Ms. Silvia Davis Page 2 changes the options with respect to water service somewhat. Lot 1 now created by this subdivision application has the option of connection to the new Walnut Street main or to the existing line in Race Street. Distances and costs are likely comparable such that connection to the Race Street line is probably preferable to avoid the additional expense of reimbursing the cost of the Walnut Street main construction. Redevelopment of Lot 2 would now have the option of tapping any of the three mains although, again the Race Street main avoids the expense of reimbursing the construction of the Walnut Street line as well as the additional expense for landscaping, pavement and concrete repair for connection to the South Avenue main. Phil Overeynder did not, at this time, express any preference on the part of the City Water Department regarding which main would need to be tapped. Phil also noted the presence of the yard hydrant on the north end of the Walnut Street frontage of the property that may be tapped to an old 11/2 inch diameter galvanized line. A building permit for the redevelopment of the north lot (Lot 1) would likely require a service agreement and meter for the yard hydrant or abandonment of the hydrant at the main. There is an existing fire hydrant on the southeast corner of the South Avenue and Gibson Avenue intersection immediately across the street from Lot 2. The hydrant is located within less than 100 feet of proposed Lot 2. There is also a fire hydrant at the end of the new main in Walnut Street within 50 feet of Lot 1. 2. Sewer Tom Bracewell, System Superintendent of the Aspen Consolidated Sanitation District (ACSD), indicates that sewer service is available to the property from a recently completed 8 inch diameter collection line within the Walnut Street corridor or from the existing 8 inch diameter main collector in South Avenue (for Lot 2). No constraints exist and the ACSD has sufficient capacity to serve new homes on the newly created parcels. Once again, tap fee credits are likely not available and service to new structures on either lot would require payment of normal tap fees and connection charges. Tom noted that the two existing residences are currently served by a combined service line. He indicated that the ACSD would require a shared service agreement be filed for the shared line. To the extent that Lot 2 may be sold before the existing residences on Lot 1 are abated, an easement for the existing service line across Lot 2 would be required. Future redevelopment of both lots should anticipate routing independent services to each home. 3. Electric I spoke with Mr. Jeff Franke of Holy Cross Electric Association, Inc., the rural cooperative that serves the area around this site. Jeff indicates that electric service capacity is available to serve new development on the lots created by the Zupancis Subdivision from existing overhead electric facilities within the Race Street corridor to the SCHMUESER GORDON MEYER, INC. May 2, 1996 Mr. Robert Zupancis Ms. Silvia Davis Page 3 east. New construction on either lot would require construction of an underground service connection to the existing overhead primary system. No primary system upgrades would be required to provide service to the new homesites. 4. Miscellaneous Utilities Gas, telephone and cable TV are all evident and available from adjacent rights -of -way. A phone pedestal exists near the intersection of Walnut Street and South Avenue just south of the property. Cable TV is also in place on the overhead system paralleling the electric lines. Service to either parcel of the Zupancis lot split would be available subject to normal service construction and connection charges. 5. Access Access into the new lots is available from Walnut Street to the west or Race Street to the east. Both of the newly created parcels will front on existing rights -of -way and will access from existing streets. Walnut Street is currently a dirt street with minimal improvements, Race Street is a chip -seal street. Redevelopment of the existing site with two new residences would likely have minimal impact on adjacent traffic in that there are two existing homes on the site at this time generating traffic onto the adjacent streets. There is currently sidewalk, curb and gutter along the South Avenue frontage to the south of proposed Lot 2 accommodating the significant flow of drainage and pedestrian traffic from the Smuggler Mobile Home Park and Centennial Housing past the property. 6. Drainage Replacement of the two existing residential structures on the 510 Walnut and 511 Race Street site will result in minimal additional drainage impacts to the surrounding area. Site design for new homes should incorporate on -site drainage features including, possibly, drywells to maintain historic conditions with regard to runoff from the site. This project will not create additional impacts to the City of Aspen's storm drainage system nor will it require improvements or expansion of the system. The Zupancis property is not located in an area requiring accommodation of a neighborhood drainage plan. 7. Land Suitability/1041 The Zupancis Subdivision property is not effected by potential flooding, drainage, rock or soil creep, mudflow, rockslide, avalanche or snowslide, steep topography or any other natural hazard or condition that would render it unsuitable for development from a 1041 hazard standpoint. The property is located within the Smuggler Superfund site and indicates a small area along the south frontage with soil lead contamination levels requiring mitigation under the Institutional Controls administered by the Aspen/Pitkin Environmental Health Department. Redevelopment of the property with a structure in the contaminated area within Lot 2 would require removal of the contaminated soils to the repository designated to receive such material, currently located at the Pitkin County landfill. A redevelopment design which avoids contaminated soils would not require any special action but mitigation of the contaminated zone would permit the issuance of a certificate to the property owner that the site was "clean". Mitigation can be as simple as the addition of a soil cap to contaminated areas without SCHMUESER GORDON MEYER, INC. May 2, 1996 Mr. Robert Zupancis Ms. Silvia Davis I Page 4 disturbing the contaminated soil underneath. Aspen/Pitkin Environmental Health Department Director Tom Dunlop also indicates that there is some additional paperwork associated with the building permitting process for properties located within the Superfund site. 8. Spatial Pattern The Zupancis Subdivision, due to its location between established streets and utility corridors, fits well into the neighborhood and will not require the premature extension or duplication of area utility mains. I hope these updated comments will be adequate for submission of the Zupancis Subdivision/Lot Split application. Feel free to contact me if I may provide any further comment or detail. Very Truly Yours, SCHMUESER GORDON MEYER INC. Jay . Hammond, P.E. Principal, Aspen Office JH/jh 96029ERZ SCHMUESER GORDON MEYER, INC. MEMORANDUM To: Bob Nevins, Planner Thru: Nick Adeh, City Engineer From: Ross C. Soderstrom, Project Engineer /ate Date: April 25, 1996 Re: Zupancis Subdivision Review (510 Walnut Street and 511 Race Alley: S 1/2 Lot 9, and Lots 10, 11, and 12, Block 3, William's Subdivision, City of Aspen, CO; and a parcel situated in the NE 1/4, SW 1/4, Section 7, T10S, R84W, City of Aspen, CO) After reviewing the above referenced application and making a site visit I have the following continents: Discussion & Recommendations: As submitted the application plat is incomplete and needs to be re -submitted for review. Therefore it is recommended that the P&Z hearing be postponed by at least one (1) meeting date. 1. Improvement and Subdivision Survey: The submitted improvement survey needs to have the following items corrected or shown prior to acceptance of the final subdivision plat: A. Complete an improvement survey plat overlaid with the proposed subdivision plat both meeting the standards of 38-51 C.R.S., as amended. The "subdivision plat" submitted provided to the Engineering Dept. in the application does not qualify as a plat nor survey under any Colorado state statute concerning subdivisions nor survey plats. Therefore, final comment by the Engineering Dept, will be reserved pending review of a properly executed survey. The survey information presented is incomplete to verify potential conflicts or impacts not readily evident in the information provided. The improvement/subdivision survey plat must be properly titled as such; signed in the Surveyor's certificate which evidences supervision of the survey and compliance with Title 38, Article 51, CRS, 1973; and stamped by a surveyor currently licensed in Colorado. The plat shall include the title insurance certificate number, date of issuance and name of the issuing title company. The title insurance certificate must have been issued within one (1) month prior to the date of the improvement survey plat. 1 OF 4 DRCM7a96.DOC Memo - Zupancis subdivision Review B. Show both recorded and measured bearings and distances for the property boundaries. Provide complete curve information for the curved portion of the property boundary along the South Avenue frontage. C. Provide full identifying information for the establislu-nent of the basis of bearings. Also provide the bearing and distance of the tie from the nearer basis of bearings monument to the property boundary. Use two (2) City monuments within the same city block, two (2) recorded subdivision monuments, other recorded monuments, or a solar observation to establish the basis of bearings. D. Provide a symbol legend which clearly and uniquely, identifies each type of utility box, pedestal and service vault, and each fence type. Arrowed notes or distinctive symbols are acceptable. Existing water service valve box(es) serving the property need to be shown. E. Provide the closure information of the existing and proposed exterior subdivision property lines. Provide the closure information of the proposed individual lots within the subdivision. F. Provide a note explaining why the easements referenced in the "plat" notes may not be graphically shown on the subdivision plat. This may be in a letter from the surveyor although a more complete description will be required on the final plat. G. A explanatory note and delineating line or crosshatching shall be shown on the plat to identify the portion(s) of the proposed lots which lie within the Smuggler Superfund Site. H. The Walnut Street right-of-way is not 75 ft. in width. Provide correct width. 2. Subdivision Standards: The entire subdivision will need to meet the City design standards of Sec. 26.88.040 for subdivisions. 3. Race Alley Right -of -Way: Formerly known as Race Alley, this right-of-way is legally and functionally a platted 20 ft. wide alley lying between and parallel to Walnut Street and Spruce Street. As such, it will remain as an alley unless the adjacent property owners will grant the required right-of-way dedications to the City to constitute a minimum 46 ft wide street right-of-way. A thirteen foot (13 ft) right-of-way dedication would make the proposed lots too narrow to subdivide in the proposed north - south orientation.) This is of particular concern because of the pending application of the property owner immediately east of Race Alley for the Smuggler Affordable Housing Development which will generate significant vehicular traffic in the alley and on South Avenue. t The use of this alley 'must be coordinated between these two (2) developments to ensure sufficient vehicular circulation, snow removal and snow storage areas for the two (2) proposed projects in addition to the existing residences further north on the alley. The alley may not be used for snow storage by the adjacent private land owners. 2OF4 DRCM7a96.DOC Memo - Zupancis Subdivision Review 4. Sidewalk Area: To improve the winter snow storage and pedestrian access along the South Avenue frontage, it is requested that the property owner abandon the existing snow storage easement and convey to the City a six and one-half foot (6.5 ft.) wide parcel, parallel and immediately adjacent to the existing back of sidewalk, in the present location of the snow storage easement (plus an additional one and one-half foot (1.5 ft) in width) prior to subdivision approval. The existing snow storage easement behind the sidewalk is constructively unusable due to the aspen trees in the easement and inefficient for storage of snow from the street due to its present position behind the sidewalk. The sidewalk mad, then be removed and relocated to a position behind the snow storage and planting median. During the pre -application meeting with the Engineering Dept. the applicant agreed to the condition that the existing aspen trees in the snow storage easement be removed to improve the use of the snow storage easement. 5. Water Service: Jay Hammond's March 13 engineering report factually represents the status of water service to the property. The following conditions related to water service are recommended: A. Yard Hydrant Prior to recordation of the final plat, provide evidence that the existing yard hydrant has been traced to it's source and properly abandoned. B. Demolition of Existing Structure At the time of issuance of a demolition permit for the existing structure on the property, the applicant will either set up a new yard hydrant on the existing domestic water service line to the structure along with establishment of a construction account, or abandon all existing water service lines fronting the property. C. Water Service to Existing Structure Both Lots 1 and 2 will be brought into compliance with current service line standards of the Aspen Water Department for a separate single family residence (i.e., single tap, single service line, single curb box, single meter, all of consistent line size) on each lot. 6. Walnut Street Frontage: The Walnut Street frontage shall be a no parking zone extending from South Avenue and continuing along the entire length of the proposed Lot 1 west property line. The existing wooden fence which encroaches into the Walnut Street right-of-way shall be removed prior to acceptance of the subdivision final plat. 7. Sanitary Sewer Easement: Prior to approval of the final plat, the future configuration of the sanitary sewer services will be resolved and verified in writing such that there is either: 1) a direct path 3 OF 4 DRCM7a96.DOC Memo - Zupancis Subdivision Review providing sufficient cover and fall from each proposed building envelope to the sara.i_tary sewer main at the tap location, or 2) that easements are defined and granted on the subdivision plat in locations that ensure sanitary sewer service to each parcel without encroaching into the permissible building envelope of the other lot and ensuring sufficient cover and fall to the respective sanitary sewer main(s). 8. Improvement Districts: The property owner shall be required to agree to join any future improvement districts formed for the purpose of constructing improvements in adjacent public rights -of - way. The agreement shall be executed and recorded prior to acceptance of the proposed subdivision plat. 9. Utility Service and Community Impact Study: The general utility service arrangements presented in the letter from the applicant's engineer are acceptable as stated therein except where superseded by specific requirements of the Engineering Dept. in this review and other reviewing departments and agencies. 10. Mutual Encroachments: The mutual encroachments of the existing buildings across the proposed lot line between Lots 1 and 2 shall be fully described by bearing and distance and the covenant regarding demolition of the existing northeasterly single story frame house shall appear on the subdivision plat as a note referencing the previously recorded separate subdivision covenants. 11. Single Vehicle Access Per Parcel: In consideration of the request to re -subdivide the existing lots perpendicular to the original subdivision lot line and due to the geometry of the existing South Avenue/Gibson Avenue intersection, and the proximity of Walnut Street and Race Alley onto South Avenue, no access will be permitted from either proposed lot directly onto South. Avenue. However each lot may have a single driveway curb -cut or vehicle access way (from the alley) of not more than eighteen ft (18 ft.) in width, (measured parallel to the right-of-way line at the curb -cut), giving access to either Walnut Street or Race Alley, as appropriate. 4OF4 DRCM7a96.DOC Hr-K t'4 `'Jb IU. 11H1'I TO: Sob Nevins, Community Development Dept. FROM: Cindy Christensen, Housing Office DATE: April 24, 1996 RE: Zupancis Subdivision Parcel ID No. 2737-073-00-026 I UE: The applicant plans to demolish the dwelling that exists, primarily on Lot 1, to construct a new single-family residence for themselves, and maintain the residence on Lot 2, which would slightly encroach* upon Lot 1. Should the lot be sold, the applicant is recommending that the residence on Lot 2 would then have to be demolished, Each dwelling unit exists on the same legal description, therefore, the applicant is requesting to subdivide the lot to provide each dwelling unit with its awn legal description. BACKGROUND: There are already two dwellings on the subject property. The unit at 510 Walnut Street contains 2,780 square feat and contains five bedrooms; the unit at 511 Ra0e Street is 1,373 square feet and Contains three bedrooms. According to Section 26.100.050, several types of development are eligible for exemption korn the residential growth management competition. This application could be exempt as it applies to A.2.c., which states: Detached single-family ordupfex dwelling chit_ The WaStmclron Of one or fwo detached residenual urdts or a duplex dwelling an a lot that was subdivided or was a legally described parcel p4or to November 14d 1977, that complies with the pmvisltons of Burt 26.88.04ON(5) or the replacement after demotitlan of one or two detached maidentlal units or a duplex dwelling, or the remodel or expansion of a $r`ttgle farttily dwelling into a duplex dweVing, This exemption shall not be applied to any hat for which any other development altoftnent is curmnuy being sought or is approved, This exempfiurr shall only apply ff the fo,VQ`ft standards are nwt. (t,E ,dingle -Banally. In order to qualfy for a singfe-family exemption, the applicant shalt have three otxflons: (a) proMing an accessay dwelling urrif; (b) piayingr the applicable affordable hovaing impact fee; or (a) rec;ordibg a resident-occupency need reshtfian on the sir-foa-fatuity dweltrng unit being constructed. 5;01MMENDATION: If the request is approved, the applicant must do one of the three options stated above. APR 2 2 1996 Memorandum - TO: Bob Nevins, Community Development FROM: Rebecca Baker, Parks Department DATE: April 22, 1996 RE: Zupancis Subdivision CC: Ross Soderstrom, Engineering Department We have reviewed the Zupancis application for subdivision approval and have the following concerns. The existing fence that parallels Walnut Street encroaches significantly into the existing right-of-way. As a condition of approval the fence should be moved to the property line or an encroachment permit must be applied for, separate from this development application. If the encroachment is not granted then the applicant will be required to move the fence. Additionally, because this property (both Lots 1 & 2) abuts South Street, the applicants will be responsible for snow removal on the sidewalk. The City has previously performed snow removal on the sidewalk, however, we will no longer be doing snow removal for any of these adjacent property owners. Snow removal is the responsibility of the abutting property owner per the Aspen Municipal Code (Sec. 21.32.010-21.32.050). It does not appear as though any trees will be lost to the re -development of this property (Lot 1). However, if any trees are proposed to be removed a permit must be applied for prior to issuance of a building permit. No excavating shall occur within the dripline of trees and any construction activity occurring close to trees should have protective fencing placed around the dripline of the trees. If the applicant has any questions regarding trees on their property they may contact us at 920-5120. Zupancis.doc MEMORANDUM TO: Planning and Zoning Commission THRU: Stan Clauson, Community Development Director Dave Michaelson, Deputy Director, FROM: Bob Nevins, City Planner RE: Braden Duplex Conditional Use Review For Two Accessory Dwelling Units; and Stream Margin Review - Public Hearing Parcel I.D. No. 2737-182-01-002 DATE: May 7, 1996 SUMMARY: The applicant is requesting conditional use approval to construct two ADUs and stream margin review approval to develop a new duplex on the residential lot. The studio ADUs are located on the main level of the proposed new duplex, and each unit contains approximately 336 square feet (305 sf of net livable area). Both the existing and the proposed residences are located within 100 feet of the high water line of the Roaring Fork River. The application packet is attached as Exhibit A. Staff recommends approval of the conditional use for the two studio, accessory dwelling units and the stream margin review with conditions. APPLICANT: Ralph Braden, represented by Scott Smith of Gibson -Reno Architects LOCATION: 926 East Hopkins Avenue, Lots Q and R, Block 26, East Aspen Addition, City of Aspen, Pitkin County, Colorado ZONING: Residential/Multi-Family (R/MF) LOT SIZE: 61,000 square feet PROPOSED LAND USE : Duplex with two accessory dwelling units FAR: Duplex (6,000 sf lot) = 3,600 square feet of allowable floor area BACKGROUND: Pursuant to Section 26.28.090(B)(2), a duplex is a permitted use within the R/1V>F zone district if an accessory dwelling unit is provided for each of the free market residences. The project has previously been reviewed and approved by the Design Review Board and Staff under Ordinance 35. It was agreed that the proposed duplex would share a common driveway with the Queen Victoria Condominiums to the west which would allow rear automobile access for both developments. REFERRAL COMMENTS: Please see comments from the Housing Office (Exhibit B). Verbal comments from the Engineering and Parks Departments are included below; written comments should be available at the meeting. Housing Office: The size of the accessory dwelling units (305 sf net livable/each) is within the guidelines established in Section 26.40.090, Accessory dwelling units. The units have; private entrances and are located on the ground level of the proposed duplex. The plans also indicate that both ADUs have doorways connecting them to the interior of the primary residences. The Housing Office recommends approval subject to the following conditions: • Replace the doors between the principal residences and the accessory dwelling units with walls to create totally private ADUs. • The kitchens shall include a minimum of: two -burner stoves with ovens, standard sinks, and 6-cubic foot refrigerators plus freezer. • The units shall be deed -restricted prior to building permit approval. Parks Department: The existing trees should be located outside of the building envelope. Any removal of trees will require a tree removal/relocation permit. A landscape plan shall be approved by Parks prior to issuance of any building permits. Silt fencing shall be used during construction to prevent runoff from disturbed soils from entering the river. Parks requests that the owner dedicate the area required to accommodate a ten foot trail easement along the river, if and when the alley of Block 26 is vacated. Engineering Department: No development shall occur outside of the building envelope.. Construction procedures shall insure that runoff from disturbed soil does not drain into the river. Any disturbed soil on the site shall be revegetated. Curb and gutter shall installed to City standards along East Hopkins Avenue. STAFF COMMENTS: Conditional Use Review: Pursuant to Section 26.60.040, the criteria for a conditional use review are as follows: A. The conditional use is consistent with the purposes, goals, objectives and standards of the Aspen Area Comprehensive Plan, and with the intent of the Zone District in which it is purposed to be located, RESPONSE: A fundamental goal of the Aspen Area Community Plan is "to create housing opportunities for 60% of the workforce to live up -valley of the Aspen Village Trailer Park". A short-term goal of the Housing Action Plan is " to develop 650 new affordable housing units, including employee -occupied ADUs to achieve the identified, current unmet need and to sustain a 2 critical mass of residents". An additional goal includes the revision of the ADU program to require registration and deed restrictions of all ADUs. The ADUs, as depicted, meet the minimum net livable requirement of 300 square feet. The accessory dwelling units must comply with the Housing Guidelines and shall be deed restricted as a resident occupied units for working residents of Pitkin County. Owners of the principal residences shall have the right to place a qualified employee or employees of his or her choosing in the accessory dwelling unit for rental periods of not less than six months duration. The property is zoned R/MF (Residential/Multi-Family). Lands in the R/MF zone district are typically those found in the original Aspen Townsite, within walking distance of downtown, or include lands on transit routes, and other lands with existing concentrations of attached residential dwellings and mixed attached and detached residential dwellings. The purpose of the Residential/ Multi -Family (R/MF) zone district is to provide for the use of the land for intensive long-term residential purposes, with customary accessory uses. B. The conditional use is consistent and compatible with the character of the immediate vicinity of the parcel proposed for development and surrounding land uses, or enhances the mixture of complimentary uses and activities in the immediate vicinity of the parcel proposed for development, RESPONSE: The proposed accessory dwelling units (ADUs) are a compatible use within the East Aspen neighborhood. The immediate area surrounding the parcel contains a wide of variety of housing types, densities, and architectural styles. A considerable amount of redevelopment has occurred along this section of East Hopkins Avenue in recent years. The neighborhood used to house a number of local residents/employees. To off -set this trend, the East Hopkins Affordable Housing development was built. The existing residence is an older, single -story structure that appears to be inhabited by working residents. The proposal to construct two new, studio accessory dwelling units would be consistent and compatible with the land uses and character of this portion of East Hopkins Avenue. It would also provide opportunities for local working residents to continue living in the area. C. The location, size, design and operating characteristics of the proposed conditional use minimizes adverse effects, including visual impacts, impacts on pedestrian and vehicular circulation, parking, trash, service delivery, noise, vibrations and odor on surrounding properties; RESPONSE: The accessory dwelling units are completely contained within the proposed duplex. The units meet the overall livability objectives: the units are at ground level, obtain adequate natural light, and have separate exterior entries and porches. One parking space is required per ADU and 3 two parking spaces/dwelling unit are required for duplexes. There is a provision for a total of six on -site parking spaces: two spaces/residence and one space/ADU. Automobile trips should be minimized since the property is within walking distance of downtown Aspen, City Market, the gondola, and Herron Park. The approval of two accessory dwelling units within the proposed duplex should not adversely impact the surrounding properties. D. There are adequate public facilities and services to serve the conditional use including but not limited to roads, potable water, sewer, solid waste, parks, police, fire protection, emergency medical services, hospital and medical services, drainage systems, and schools; RESPONSE: There are adequate public facilities and services to serve the proposed development. E. The applicant commits to supply affordable housing to meet the incremental need for increased employees generated by the conditional use, - RESPONSE: Duplexes are permitted in the R/MF/MF zone district if: a) one of the units is restricted to the middle income price and occupancy guidelines and the affordable housing unit comprises one-third of the total floor area; or b) both units may be free-market residences if an accessory dwelling unit is provided for each residence. The applicant is proposing to provide two accessory dwelling units with two free-market residences. The accessory dwelling units must be deed restricted for resident occupancy. If the unit is rented, it must be used to house a qualified working resident of Pitkin County. F. The proposed conditional use complies with all additional standards imposed on it by the Aspen Area Comprehensive Plan and by all other applicable requirements of this chapter. RESPONSE: The proposed conditional use for two accessory dwelling units contained within a newly constructed duplex is consistent with the Aspen Area Comprehensive Plan and complies with all other applicable requirements. Stream Margin Review: Pursuant to Section 26.68.040(B), "No development shall be permitted within 100 feet, measured horizontally, from the high water line of the Roaring Fork River and its tributary streams, or within the Special Flood Hazard Area where it extends beyond 100 feet from the high water line of the Roaring Fork River and its tributary streams, unless the Commission makes a determination that the proposed development complies with all the standards set forth below:" 1. It can be demonstrated that any proposed development which is in the Special Flood Hazard Area will not increase the base flood elevation on the parcel proposed for development. RESPONSE: The building envelope is located outside of the 100 year floodplain, line, and the proposed development will not increase the base flood elevation. I M 2. Any trail on the parcel designated on the Aspen Area Community Plan, Parks/Recreation/ Open Space/Trails Plan map, or areas of historic public use or access are dedicated via a recorded easement for public use. RESPONSE: There is a ten foot trail easement along the southern edge of the Roaring Fork River. If and when the alley of Block 26 is vacated and transferred to the property owners of Lots Q and R, an easement shall be granted for the portion of the trail easement included within the vacated alley area. 3. The recommendations of the Roaring Fork Greenway Plan are implemented in the proposed plan for development, to the greatest extent practicable; RESPONSE: The proposed development is situated on a bench above and back from the Roaring Fork River. It will not impact any existing trail or fishing easements. 4. There is no vegetation removed or damaged or slope grade changes (cut or fill) made outside of a specifically defined building envelope. A building envelope shall be designated by this review and said envelope shall be barricaded prior to issuance of any demolition, excavation or building permits. The barricades shall remain in place until the issuance of a Certificate of Occupancy. RESPONSE: The proposed duplex is to be constructed on the existing development site. Vegetation will not be removed or damaged nor will slope grade changes be made outside of the property line extending along the northern boundary parallel to the river. The applicant will need to barricade this perimeter prior to issuance of any building permits. S. The proposed development does not pollute or interfere with the natural changes of the river, stream or other tributary, including erosion and/or sedimentation during construction. Increased on -site drainage shall be accommodated within the parcel to prevent entry into the river or onto its banks. Pools or hot tubs cannot be drained outside of the designated building envelope; RESPONSE: The proposed duplex will not impact the river, and safeguards will be utilized during construction to prevent pollution of the river. Drainage shall be directed away from the Roaring Fork River. 6. Written notice is given to the Colorado Water Conservation Board prior to any alteration or relocation of a water course, and a copy of said notice is submitted to the Federal Emergency Management Agency; RESPONSE: Not applicable. 9 7. A guarantee is provided in the event a water course is altered or relocated, that applies to the developer and his heirs, successors and assigns that ensures that the flood carrying capacity on the parcel is not diminished, RESPONSE: Not applicable. 8. Copies are provided of all necessary federal and state permits relating to work within the 100 year floodplain; RESPONSE: All work will take place outside of the 100 year floodplain. 9. There is no development other than approved native vegetation planting taking place below the top of slope or within 15 feet of the top of slope or the high waterline, whichever is most restrictive. RESPONSE: No development is proposed below the top of slope or within the high waterline of the river. Approved native vegetation will be planted within fifteen feet of the top of slope. 10. All development outside the 15 foot setback from the top of slope does not exceed a height delineated by a line drawn at a 45 degree angle from ground level at the top of slope. RESPONSE: All development is outside the fifteen foot top of slope setback and does not exceed a height delineated by a line drawn at a 45-degree angle from ground level at the top of slope. The attached site section shows the development's compliance with this requirement. 11. A landscape plan is submitted with all development applications. Such plan shall limit new plantings outside of the designated building envelope on the river side to native riparian vegetation; RESPONSE: The site plan includes the existing vegetation. No new landscaping is anticipated outside the proposed building envelope. 12. All exterior lighting is low and downcast with no light(s) directed toward the river or located down the slope; RESPONSE: The applicant agrees to comply with this requirement. 13. Site sections drawn by a registered architect, landscape architect, or engineer are submitted showing all existing and proposed site elements, the top of slope, and pertinent elevations above sea level; RESPONSE: See attached application (Exhibit `B"). Go 14. There has been accurate identification of wetlands and riparian zones. RESPONSE: Not applicable. STAFF RECOMMENDATION: Staff recommends approval of the two studio, accessory dwelling units and the stream margin review with the following conditions: 1. Prior to the issuance of any building permits, the applicant shall comply with the following: A. The applicant shall revise the architectural floor plans in order to create accessory dwelling units that are totally separate from the primary residences; B. The owner shall submit the appropriate deed restrictions to the Aspen/Pitkin County Housing Office for approval. Upon approval of the deed restrictions by the Housing Office, the applicant shall record the deed restrictions with the Pitkin County Clerk and Recorders Office with proof of recordation submitted to the Planning Department. The deed restriction shall state that the accessory units meet the housing guidelines for such units, meet the definition of Resident Occupied Units, and if rented, shall be rented for periods of six (6) months or longer; and C. Kitchen plans shall be verified by the Housing Office to ensure compliance with specifications for kitchens in ADUs. 2. The ADUs shall be clearly identified as a separate dwelling units on building permit plans and shall comply with U.B.C. 35 sound attenuation requirements. 3. Prior to issuance of a Certificate of Occupancy, the Planning Department shall inspect the accessory dwelling units to ensure compliance with the conditions of approval. 4. All new surface utility needs and pedestals must be installed on -site. Curb and gutter shall be installed to City standards along East Hopkins Avenue. 5. Prior to the issuance of any building permits, a landscaping plan shall be submitted for review and approval by the Parks Department. Tree removal permits shall be required for the removal or relocation of any tree greater than 6" caliper. 6. No vegetation shall be manipulated outside of the building envelope, and the envelope boundary along the Roaring Fork River shall be barricaded prior to issuance of any building permits. - 7 7. Silt fencing shall be used during construction to prevent runoff from disturbed soils from entering the river. Revegetation is required for any disturbed soil on the site. 8. If dedicating a trail easement along the river, the applicant shall contact the Parks Department to determine the appropriate location. 9. The applicant shall abandon the existing water line on the property if the new duplex is not constructed within six months after the existing residence is demolished. 10. All material representations made by the applicant in the application and during public meetings with the Planning and Zoning Commission shall be adhered to and considered conditions of approval, unless otherwise amended by other conditions. RECOMMENDED MOTION: "I move to approve the conditional use for two studio, accessory dwelling units and the stream margin revic;w for the proposed duplex at. 926 East Hopkins Avenue with the conditions outlined in the Community Development Office Memorandum dated May 7, 1996 Exhibits: "A" - Conditional Use and Stream Margin Review Application "B" - Referral Comments F; 1) Project Name __ � ,��i • 2P� � tc� NS roj eat I�cat icn • ca. street Hof&'= • ss, lot & block nor, legal. . cn ti ----, altz Vriate) 3) Pres� . Zcni�� T 4) Int Size �ZDf� c5i Representative .in - Adcbmss & • • - Ib I r .. Type of • • f✓i • (please •d • Gall that . apply) SpecialROview Finalw• • FinalHistoric Dev. iT Homtain View Plane Subdivi.si,cn Histcric Desianaticni (om3cmi ni imni za%i can GMS Allot=lt Iot split, wt Lim GMS Emunt-i cn Adjustment 11 p 9) Descriptim of Develcpm nt AMa I catian 10) • . ♦ . ..� c• • - • • • �-•• • - to ter. '-firm a.A 2f inimm .•"• Contents '•:..ems• .. - to Aftac fm G Specific`• :• a 's • Contents to tbarilnqniin 4f Review rilards. for Your Stan-- ication. ` Exhibit A April 8, 1996 DAVI D GIBSON AIA AUGUST Aspen/Pitkin County Community Development Dept. RENO 130 South Galena AIA Aspen, Colorado 81611 SCOTT RE: Braden Duplex SMITH Conditional Use (A.D.U.) AIA 926 E. Hopkins Aspen, Colorado , ► - - , 4 ► We are submitting the enclosed application for the Conditional GIBBON , RENO Use of Accessory Dwelling Units (A.D.U.) in the residences •• located at 926 E. Hopkins in Aspen, Colorado. ARCHITECTS, L.L,C.I The following addresses Attachment 4, Item A-F of the Review Standards for the development of a Conditional Use: 210 E. HYMAN NO 202 A. The current zoning of the property is RMF which allows ASPEN Accessory Dwelling Units as a Conditional Use of this COLORADO zone district. The Aspen Area Comprehensive Plan 81611 encourages the provision of A.D.U.'s within residences to help supply housing within the Aspen area. 970.9ZS.5968 FACSIMILE B. The Conditional Use is consistent and compatible with 970.925.5993 the character of the immediate vicinity. The surrounding area consists of several similar projects with existing A.D.U.'s. I.O. BOX 278 117 N. WILLOW C. Each of the two proposed duplex residences will have a N0 2 336 square foot studio A.D.U.(305SF net livable). The A.D.U.'s will be located at the main ground level of the TELLURIDE units at the street side with a separate exterior entry and COLORADO porch. There is a provision for three (3) parking spaces 81435 (one per bedroom) for each duplex residence. The 970.728.6607 A.D.U. will have no adverse effects on the surrounding properties. FACSIMILE 970.728.6658 ....:...:.:.:.:::... Braden Duplex April 8, 1996 Aspen/Pitkin County Community Development Department Page 2 D. The Accessory Dwelling Unit is located within the City limits of Aspen and has access to all public facilities and services. E. As a requirement of Ordinance #1, replacement housing program, for a new residence in the RMF Zone District the applicant must provide an Accessory Dwelling Unit or pay a fee in lieu. These A.D.U.'s fulfill this requirement. F. The Conditional Use of the Accessory Dwelling Unit complies with all standards by the Aspen Area Comprehensive Plan and the requirements of Ordinance #1. This project was previously reviewed and approved by the Design Review Board and Staff as a special case situation under Ordinance 35. The project will share a common driveway with the existing building to the west to allow rear auto access for the Braden project. Thank you for your time in reviewing our request for Accessory Dwelling Units. Please contact me with any further questions regarding this application. Respectfully, Scott Sml , AIA brdnadu.doc April 8, 1996 Aspen/Pitkin County Community Development Department DAVID GIBSON This application is for a Conditional Use of an Accessory Dwelling AIA Unit at 926 E. Hopkins. The legal description is Lots Q&R Block AUGUST 26, East Aspen Addition. RENO FLOOR AREARATIO: AIA Proposed: SCOTT SMITH 1. Mid -Level: AIA a. Unit 1 = 642 b. Unit 2 = 1,284 SF C. A.D.U. MID -LEVEL TOTAL • Unit 1 = 336SF x 50% = 168 1284 SF Unit 2 = 336SF x 50% =16$ +336 SF GIBBON � RENO 336SF 1620 SF 2. UPPER LEVEL • A R C H I 'C E C T S, L,L,C, a. Unit 1 = 894 b. Unit 2 = $94 TOTAL 1,788 SF 210 E. HYMAN N° 202 3. BASEMENT ASPEN Total FAR = 128 SF COLORADO 81611 4. DECKS` Amount over 15% of 970.925.5968 Allowable F.A.R. (3600SF) = 48SF FACSIMILE 970.925.5993 5. GARAGES* 441 SF of Actual proposed garage space is less than the 500SF non-F.A.R. allowable per Ordinance 35. P.O. Box 278 117 N. WILLOW 6. TOTALS: 1620 No 2 1788 128 TELLURI DE 48 COLORADO 3536 SF 81435 970.728.6607 Allowable F.A.R. (RMF Zone w/6000SF lot) = 3600 SF (Duplex) FACSIMILE bradadu.doc 970.728.6658 APR 04 '96 10:11AM GIBSON & RENO P. April 3, 1996 Mr. Ralph Braden 610 E. Hyman Aspen, Colorado 81611 (970) 920-1234 Aspen/Piti in Community Development Department 130 South Galena Street Aspen, CO. 81611 Please accept this letter as authorization for the firm of Gibson and Reno Architects, T.L.C., located at 210 E. Hyman, Suite 202, Aspen, Colorado 81611(970) 925-5968 to submit and process the Application for a Conditional Use of an Accessory Dwelling Unit (A.D.U.) on my behalf. Sincerely, Ralph Braden CERTIFICATE OF OWNERSHIP Pitkin County Title, Inc., a duly licensed Title Insurance Agent in the Ptate of Colorado hereby certifies that RALPH L. BRADEN AND CHERYL S. BRADEN the owner in fee simple of the following described property: LOTS Q AND R, BLOCK 26, EAST ASPEN ADDITION TO THE CITY AND TOWNSITE OF ASPEN. COUNTY OF PITKIN, STATE OF COLORADO. Subject to encumbrances, easements and rights of way of record. This certificate is not to be construed to be a guarantee of title and is furnished for informational purposes only. PIT N COUNT T LE, INC. BY: (koje 7- authori ignature CERTIFIED TO: CH 23, 1996 @ 8:30 A.M. Mtn / Leur \ \,Auret 0 CI u ` 00Ir ( 0' 44 o �� •. all �. J\ ' p s �' •,' t ...E J JO 6U �� c Cr / • d PUt+ Frod' i Ln •-.__--^, `� � a dS .. Q° Ooc vc � .fir c .•�;•Y'r;p. .t•. ° o�oc 'C / 5 a /--•- m u yr ; � (? e pUS BC� �0�e/Ptf urr�/u 0c Q��i cd0 0 CS P r`P Q oiv Pea n 1S v H V sitvor `eon. >ued c c � a •ob / r�� � co 1 or, ki� i i 0CC CCL 3 I LekeP 0. i $ t CL ko o � % , chi Q c c• � 0. ° o IS 19 ul't_yaoc' R,ver Or \ - q Castle Creel Oc P°wef meterYLn �� m °c (o ��A•s �a� ro P� d 7� Ma�0 P 00� a U a5lie G. __.__-�- -•''`'� ��� k Meso Of o� ° o �' _ CD �- �a It b p(a,t�v j CcH d 10 , if n; d'4) ` •.. Y 2 ;L o E [f' l: O p j p Z • W m w � 1 � g Mvct • �� (19 VJWIT'S I . VAT! • FMIL - Z - le>v I L-0 (% y TO IW Q uj a o I f.O O U Q) z cn uj J • . a W W W� .• _ cn U W CC_ �� Q Z W Z •a SITE,,,OrLANDS,�o W �Z zQ �� W Q oso Q 0 .) W cc a _mo Ur N �� / c�'| O� -_/ __ � / / _' ------------ -40 .0001 - ram( - __,_` �/ �� �� t� � � � �" � �, � � XIS71NG C -FimSH GRA WEST ELEVATION ►8 EAST ELEVATION r L _ _ SOUTH 1 yfe�fff*jj-of ■ JpKins Avenue Lookinn Sc r. to Lkvenue Loni Baer.nnnnP_ E311 April 11, 1996 Aspen/Pitkin County Community Development Department 130 South Galena Aspen, Colorado 81611 RE: Stream Margin Review Braden Duplex 926 E. Hopkins Ave. Aspen, Colorado We are submitting the following responses for Stream Margin Review per Section 26.68.040 of the Aspen Land Use Regulations: A. The proposed development is not within the existing. floodway (see accompanying surveys). B. The proposed development complies with the following standards: 1. The proposed development is not with in the Special Flood Hazard Area. 2,3. The proposed development is to be located on a bench above and back from the river (in the location of an existing structure) and will not impact any existing trails or easements. 4. Vegetation will not be removed or damaged or slope grade changes made outside of the property line shown extending along the north tj side (river side). 5. The proposed development will not pollute or interfere with the natural changes of the river. 6. The water course will not be altered or relocated. DAVI D G I BSON AIA AUGUST UNO AIA SCOTT SMITH AIA �,•II�III',glllllh iplil.: i III 210 E. HYMAN N" 202 ASPEN COLORADO 81611 970.925.5968 FACSIMILE 970.925.5993 P.O. BOX 278 117 N. WILLOW N" 2 TELLURIDE COLORADO 81435 970.728.6607 FACSIMILE 970.728.6658 7,8. The proposed development is not within the floodway and would not diminish the flood carrying capacity. 9. No development is planned below the top of slope or within high waterline. Approved native vegetation will be used with in 15' of the top of the slope. 10 All development is outside the 15' setback from top of slope and does not exceed a height delineated by a line drawn at a 45-degree angle from ground level at top of slope. (See accompanying "Site Section" sketch). 11. No new planting is anticipated outside the designated building envelope (see accompanying sketch). 12. Exterior lighting will be shielded downward with no lighting directed towards the river or located down the slope. 13. Site Section: See accompanying "East Elevation" Site Section. 14. Not applicable for the development area. Thank you for reviewing our request for Stream Margin Review. Please contact me with any further questions. Respectfully, S cc: Ralph Braden brdn4l l.doc 14P - IVRVV /av/z-z::>//-/, 0. ff- 'A 0-% -V- Ir- 0 W-- IL Ar AL -w- m o � IcAa w 4llt.f- "`�'` ROARING FORK ER ... t ov YEAR•. _ _.. •N S F�� 6 60.00' X 21.01' b AREA OFo�VACATION a GALLEY 26 Y frTo ,BLOCK O P� PiOE- IL Oro"wt +ahc ir( P� p Tt O ® 8 • � 8 �p°"la°'"�ct o 8 g g olt; a.V(��� 'r 1!1 Nlht-.sc_ tn-45z: i I �A ::?-j n ►_�� "; F �' r�0 T Q I I LOT R I � I LO s' S BoeK YO I t � FOJJJv $ZZ45A9-%4/4hP N 15'tCYI Si. FtEiD i FOlillp r�--6iv-w� L.S.2314o ® 1-`1 tIORJi'A: cF At V:%A4t-Y HOPKI NS AVE. '15 • b0' vj I t7c- L N W S SGgt E t' MAY 02 ' Q6 10 : 34AVI P.1 MEMR UM TO: Bob Nevins, Community Development Dept. FROM: Cindy Ch,ristezisen, Housing Office DATE: May 2, 1996 RE: Review for Hra&m Duplex Accessory Dwelling Units Parcel ID No. 2737-182-01-002 The size of the accessory units tall within the guidelines of the Code: Accessory dwelling units shall contain not less than three hundred (300) square feet of allowable floor area and not more than seven hundred (700) square feet of allowable floor arc. The unit shall be deed restricted, meeting the housing aufhorlty's guidel rwa, for resident occupied units and shall be lim tad to rental periods of not lass than sIx (6) months in duration, Owners of the principml residence shall have the right to place a qualified employee or employees of his or her choosing in the accessory dwelling unit. The applicant states that the proposed accessary dwelling units are to be located at the main ground level of the principal units, at the street side, and have a separate exterior entry and porch. The plans show that the accessary dwelling units will b.ave a private entrance, but the plans also show that there is a door connecting to loath units going into the master bedrooms of both units. Accessory dwelling units must be totally private units, therefcre, it is recommended that a wall be built between the ADU's and the rest of the principal unit, The kitchen m-xst also be built to the fallowing specifications: Kitchen - For A ssory Dwelling Units and Caretaker Dwelling knits, a minimum of a toot -burner stave with oven, standard sink, and a 6-cubic foot refrigerator plus freezer. ggME TION: Staff recommends approval should the following conditions be met: A replaces the doer between the principal residence and the accessary dwelling units with a wall; • the kitchen falls within the definition stated above; •� a deed restriction be recorded before building permit approval (this form can be obtained in the Musing office) ; and A inspection of the unites by the Housing office before Certification of occupancy approval. MAy. 6 l96 7= 09PM P.1 Memorandum TO: Bob Nevins, Planner FROM: Rebecca. Schickling & John D. Krueger, Parks Mpartment DATE: April 29, 1996 R: Braden Duplex Stream Margin preview and Conditional Use for ADD Parcel Ili No 7 73 7-182-01-002 We nave reviewed the Braden Duplex application and offer the following comments. The alley vacation if approved needs to include a trail easement that expands the existing easement to the "top of the bank" are as shown can the application at a gmd.,e level of about 7912. It is critical to retain this additional trail easement w that this connecting link of trail can. be built, The existing tmil easement is not wide enough to accommodate a trail that ramects city specifications of la' wide with 2 foot shoulders, and contains the excavation and retainagc n"dcd to complctc: the trail. It is critical to retain this addition al trail easem=t so that this connecting lints of trail can be built. If tine larger easement is not granted then wo will not be able to give a vacation of the alley, On the cast side of BrWm, at ValZcy Hi, we will be working to align the trail on top of the existing sanitation cone. We have met with Tom Brace�vll of the aspen C onsolidated .13txnitation District and he believes this is acceptable and would allow them ea=icr amass to the sat)itMion linc far cleaning and mainten=ce. On the west side of Braden is the Queen Victoria. They are currently dumping fill primarily gavel and snow, off the end of the driveway and it appears to be destroying riparian vegetation. If Braden obtains an access casement foam the Qucen Victoria this will absolu ely net be acceptable to dump or stare snow oven the top of slope there. The Quccn Victoria may already be violating st rearn margin replations and the Oran Watcr Act ( a 404 violation). 'The application also shows thy; Aspens and Cottonwoods on the east side of the lot as being preserved during construction. From looking at the trees and the proposed plan, it is questionable whether these trees will ho able to be saved with the cuts proposed by the developmel.it. A fxcc removal permit must be applied for prior to issuance of a building permit and all trees that are over code (4"' or greater for eonifcrs and 6" or greater for d"iduous measured 4 in feet abovc gradc)rnust be mitigated. If the applicant cannot MAY. 6 f96 7:09PM P.2 rep1we on site then a payment -in -lieu option is avaikble.. If these tmes arc; removed it may be us much as 56 caliper inches of trees at a minimuan that needs to bc: and igrated. T1c tmcs in the alley way must he preserved and will not be permitted to he removed. Attachment 8 County of Pitkin } } ss. State of Colorado } AFFIDAVIT OF NOTICE PURSUANT TO ASPEN LAND USE REGULATIONS SECTION 6-205.E. I, Scott Smith being or representing an Applicant to the City of Aspen, personally certifyI, that I have complied with the public notice requirements pursuant to Section 6-205.E. of the Aspen Land Use Regulations in the following manner: 1. By mailing of notice, a copy of which is attached hereto, by first-class postage prepaid U.S. Mail to all owners of property within three hundred (300) feet of the subject property, as indicated on the attached list, on the 19th day of April , 1996 (which is 17 days prior to the public hearing date of May 7, 1996 ). 2. By posting a sign in a conspicuous place on the subject property (as it could be seen from the nearest public way) and that the said sign was posted and visible continuously from the 23rd day of April , 19961 to the 7th day of May , 1996. (Must be posted for at least ten (10) full days before the hearing date). A photograph of the pos sign is attached hereto. S ig a e (Attach photograph here) Signed before me this 24th day of Apr i 1 , 199 6 by Scott Smith WITNESS MY HAND AND OFFICIAL SEAL My Commis on x es Notary Public -' --- | ROBER CORD' T �^"'"'�'`' �"'`'`L�" R. & "EA'"'``- R. 1| / e|| � ^` 28^ 1 32 1/2 POBOX 36^ � GRAND JUNCTn0 ^�i CO' 81 � �� ' �P.O. BOX 656 � � —�' - . HONOLULU, HI 96809 � ' 8, WAYNE S. H, IS, JUDITH M. 715 WEGT MAIN STREET | ASPEN,, CO 81611 EAST ASPEN ADDITION BLK 25 LOT L CITY OF A8PEN 130 G GALENA ST | ASPEN CO 81611 ' MOUNTAIN HOUSE PARTNERSHIP WErRN%NE3 JOHN ROBERT O/O 905FHOPKING'AVE � AGPEN to 81611 ' THOMAS H / 801 N 96TH GT OMAHA NE |68114 �-_` CIMARkOl\l-nF ASPEN LLC DUD C/O 6 �THIRD 8 -A. ,�' CO' / 1611 ' BOCAiCH%OA, INC. 8ANDRA HERRON _ C/O PO 8OX 88 ASPEN CO 81612 ` HUBBARDv M%CHAEL P. � 920 EAST HyMAN. AVENUE AGPEN, CQ �. 8161 1 ROL_LEG GU8AN ANQ SCOTT C TRUSTEES OF'THE GU8ANV ROLLEG TRUST / 218 KAIVLANI ND FLOOR AVE`� �� , HONOLULU HI` 96815 ` / / ` -�_ ---. - _ -' -. L. A COLORADO LIMITED PARTNERSHIP � 14GRAPE ST D[ CO 80222 RA'I-E8 DO !L4S M-'' 1941 ALTAMONT RD GREENVILLE SC 29609 GAMEROFF, BARBARA 203 CLEVELAND ST ASPEN CO 81611 . - 8PARLING, MAN MARGUEF,'�%TE Tr--ZUST 8PARLING, JOAN MARGUERITE AS TRUSTEE 300 PUPPY SMITH STREET, #205-220 ASPEN, CO 81611 / � .. , PIERCE, ANITA M. P.O. BOX 3202'| ' A8PEN CO '81612 -- ' WI8HT RUS8ELL B WIGHT MELISSA 278 8 MAYA PALM DR ' BOCA RATON FL 33432 -' < BARTLETT, GEORGE W. AND BARTLETT, JEANNE L. 330 E. CIRCLE DR. NORTH MU8KE8ON MI 49445 | / � NAPPE LI, ERNST/|! � ' F.O. BOX 1962' ASPEN, CO ;81612 �'-TRETTIN HENRY TRETTIN LANA / �. / 1299 OCEAN AVE.C/O GOODFR%END & ASSOC q/\wru wnmrrA r, A 90401 STUDIO CITY, CA 91604 CAROLYN A. Tk'.FEE OF TRUST A, PAUL 1-RU8T 2415 MORENA BLVD. � GAN DIEGO, CA 92110 RESTA%NO, THOMAG AND BECKER, JANICE 2 ALDER AVE" | BAN AN8ELMO CA 94960 ' NORTON, MELINDA S. 3740 CENTER WAY � FA%RFAX, VA 22033 ' ROTH JO8EPH R It E QUAYSIDE TER MInI FL 33138 STEELE, JULIANNE B. ' 5000 COUNTRY CLUB BLVD DE8 MOINEG IA 50312 WOLFSON, ROBERT L. JR. TRUST UNDER WILL . BOX 418200 KAN8AS CITY, MO 64141 FELLMAN THOMAS. H! FELLMAN DAR� | i ' | 801 N. 96TH. OMAHA, NE 8114 L. AND A. ! ' A NEBRASKA C ON 9- PRING G "EET �. O/ �v NE7 / 68124 ' r'1 =/ NEWELL GEORGE 8 PO BOX 2179 BOULDER C0 80306 - CHASE, 8ARAH K. 900 E HOPKING AVE 44:9� ASPEN CO 81611 -' SKIKOL, - --- '_ OHIO GEN. PARTNERSHIP SMITH, E.G.-C/O / 900 E. HOPK%N8 AVE. #10 y ASPEN CO 81611 ' CAMPBELL, - - JOHN E. P.O. BOX 10591 AGPEN, CO 81612 OXFORD,, PEF38Y MCOAFFERTY P.O. BOX 4556 ASPEN CO 81612 VICENZI, GEOR8E A. P.O" BOX 2238 ASPEN, CO 81612 BARNES JONATHAN A 265 RIVERSIDE DR BASALT CO 81621 LOESCHEN, LEE A. LOE8CHEN, L%NDA A" 0602 WEST SOPRIS CREEk BASALT, CO 81621. BLAINE, BARBARA J. 417 WINCHEGTER GLENDALE, CA 91201 � _ ^ _ SHAW, BARBARA ANNE ' 11138 AQUA V%STA ST #22 NORTH HOLLYWOOD CA 91602..... 3119 . ... ..... . ^". 81-1AFFRA1\1,. KANDIiLYN 0 LUP%NE DRIVE^ ' A8PEN, CO 81611 JE JUDY A TRUGT X 1081 � � A8�EN CO 81612 ~- JOHNGON, 8ALLYANNE C. ' P.O. BOX 5050 ASPEN.) CO 81612 ! MARTEN, MARY I'll, ` P.O. BIOX8984 ` � ASPEN} CO 81612 -' MARBACH, CARL AND HELEN 0 0 17730 8CARSDALE WAY BOCA RATON, FL �3496-1331 ,^ LOO, MONA BETH ' 350,FLOOR m\ CI8CO, i 'CA 94105 ^-_4u���~'�_' ARMGTRONG, AMBER TRUST ` 4NHALA AVE HONOL LU, H% . .96816 ICHIMARU, GETGUO AND ICH7MARU TOMOKO 3 924 KAMIOCHIAI 324-4 YONn-8HI 8AITAMA 338 JAPAN KA-�~TSKY, --- - - EU8ENE KALN%T8KY1 LINDA BUD%N 1701 8" FLA8LERDR; APT 1601 WEST PALM BEACH, FL 33401 WILLIAMS 8ANDRA TRUSTEE-3 WILLIAMS SANDRA REVOCABLE TRUST 718 HEATHERYLN NAPLES FL 33963 Fl:.:�R8US ELIZABETH OWEN FER8US JOHN C TRUSTEE 500' S FRONT ST STE 770, COLUMBU8 OH 43315 SCHROEDER PATRICIA A 2010 E 381-H qT STE 204 DAVENPORT |%A 52807 | ' W REyOCABE KENNEDY WILL%AM L . � LIVING TRUST. 3721 VENTURADR STE E.100 ARLINGTON HE-I� 60004m�/� AUV%L PAU�- |r�Uo/E � - 50Y6 %NT AUVIL TRUSTEE - 50% INT 1231 ASHLAN � WILMETTE IL 60091 ' ' WEI8BARD, SAMUEL � WE%GBARD, UTH � 100 E BELL UE PL APT 31-B CH%CAGO iL 60611" � ' BARLOW , GUSAN F . 1010 GRAND AVENUE; SUITE 500 i KANGAS CITY, MO 64106 1--.::R%8B- PEGGY REVOCABIIE TRUST KRI8EL PEGGY' TRUSTEE! 5530 MISSION DR � MISSION H%''LS KS ' 66208 , � KELLY, JET,TIE M. � NATIONAL F COIvIIvIERCE ! ' |' P.O. BOX EJ,�42408 , LINCOLN, NE 68501 - ' TROU8��LE,�MARGARET O.D. 7 ALEXANDER LN ' rTT/rTnm CO 80121 VARADY,'LO l 'M` 1 --'--�-WALLI8 GTEWART L. & 8HADDOCK, L�NDGAY���'! �| �_`" 1 ' GREEN INTERNATL" INC., C/O '[ '036.MAU'ALAN% CIRCLE ' BOX 370470 U HONOLULU, H% 96816 DENVER CO 80237-0470 ! MOO|E, | ARRY C. M & I BANK - C/O BONNIE WETTER 500 EAST GRAND AVE | BELOIT, WI 53511 BIRRFELDER, THEREGA 1028 E. HOPKING; APT. 24 AGPEN, CO 816 ELKING, CHRISTINE 1020 EAST HOPKIN8 AVENUE; #26 ASPEN, CO 81611 - ' P^ lS" W" D. INVEGTMENT COMpANy LTD, HOSE FLORENCE E L%NN��MGC, CARL � C/O 215 S. MONARCH; SUITE 101 1024 E HOPK%N8 AVE #11 A8PEN, CO 81611 ASPEN CO 61611 � LOVING GRAHAM I ' 1024 HOPKI / ASPEN co -------, -E'^`' GOLHE%M, J. M%CHAEL ' ' L-R 8OLHE%M, DALE HOWFR i '�- RACE 43995 HWY 82 ' ~ Ll O ~u|um 070�9 ASPEN ' CO 81611� ` pETER8�N, AM C. AND . � ' JFAN STERN., PETERSENv LORNAM. 91 � E. HOPKIN8`�#8 1V20 EAST HOPK%N8 AVENUE ! / A8PEN CO .8161*1 ` A8pEN, CO 1611 ' ! 8ALTZI'll AN, GUGAN ' DOLLE'|NORMA LO%G � � 915 EAST HOP � IN8 #3 P. O. BOX 4901 ASPEN, CO .'8161 1 ` AGPEN, CO :81/�12 � / GUIT8, MARTHA JANE ` SIE8E8MUND OLIVE! | 915 EA8T HOPKIN8 ` | � | PO BOX 9680 AGPEN, CO E31611 ASPEN CO 8 11 612 � | BOYD, KYLE K, ` LEWIG ROBERT F 8LOR%A J . / LEW%G/LINDAq ^O riox 9949 0398 CABALLO . | AGF CO 81612 ' � CARBONDALE� �C� /� � , 81623� | ' 3.OYD, KYLE I.%. s L A HENRY R TRUST � C/7] NANCY F. 8RAY9 TRUSTEE �^O. BOX 9949 / 152 JUNIPER HILL ).GPEN ' CO 81 61 2 ALBUQUERQUE , NM 87122 . ' 8TU � LER �... / 8A ^ i | P^ O ' - _.. A8PEN _-� / CO ` ' v -.... ... ................ ._ '=`' =, F E, KAREN L. | PO BOX 1702 | ASPEN CO 81612-1702 ' ALPERN 7Ht."NMAS'E HAIGERTY THERE8E L PO BOX 150 ASPEN CO 81612 0 0 0 MCCABE THOMAS J KAYS !_YNDA ANA`- JT TENANTS PO BOX 2372 ASPEN' CO 81612 MINE8 THOMAS F JR CFIASE HE%D% AS JT TENANTS Pr 3888 � .A �!�'| CO 81612 .! ' / . V A N I'llOORSEL 8ERARDU8 H VAN MOOR8EL MEL%NDA E - JT TENANTS .P O BOX 3474 � ASPEN, ^ CO 81612 ' i � ROBINSON, MARY!"ANN ' 689 EAGLE WATC LN. OSPREY , FL �54�%29 � CARLGON KE%TH & VICTORIA TRUST 980 E HYMAN AVE #4 A, CO 81611 HOOD, CHARLEG W. / 980 EAST HYlvl 'AN/#5 ASPEN, CO 81611 � MO 8RATH' ^ 8�Q JOHN AND ' , ^ � JONES, JANET MC `GRATH p"O" BOX 301 ||� ASPEN, CO |. ! � C%RILLO, DEN1\1IG P. AND AL%CE P. � � | 1311 GATEWAY RD � SNOWMASS CO 81654 . ` SCOTT, SANDRA B. TRUST . PITRELLI, JOHN F.-C/O � 7010 LITTLE RIVER TURNPIKE / ANNANDALE, VA 22003 � _ GTE%NMAN, DAN P 2336 NORTH COMMONWEALTH #401 ' CHICAGO, IL 60614 SbHRINER, BONNIE M. 2 6"13 5 17TH 8TREET DENVER, CO 80211 ADAMS, TAYLOR PO BOX 417 TWIN LAKE8 CO 81251 | | ' ' KENNY, PHYLLI .A. l� #16 1-1I8HLANDG 1V I LLAS ASPEN , CO '. 8161 1 ` ' MOUNTAIN STATES rnMMUN%CAT%ON, INC" '310 EAST MAIN !STREET ASPEN, CO i 81611 � BOYD, RICHARD P. ` P.O. BOX 10984 AGPENv CO 81612 GREEN, DALLAS HATHEWAY GREEN, HEIDI BRIANO P.O. BOX 3534 ASPEN: CO 8 612 � LLEHER, DO'--|Y A � ' P.O. BOX 1 !i ' ASPEN, CO 81612 �ERRON~PARK ]ITY.OF ASPEN 13(3 S GALENA ST* I )SPEN CO 81611 ------�-----' ---'--'--�------'' ~- � J' JOHNSON, CARROLL III TENNEGSEE TRAVEL - C/O '- BOX 8116; 105 PUBLIC SQUARE ^ GALLATIN, TN 37066 ' ESTER V TRUSTEE FOR THE COLE WM & KENDALL ANN TRUGTG 39b. ' CENTRAL EXPREGGWAY #130 �]ALLA8 TX 75243 C L_ASTOR & CO |A PARTNER8HIP 981 KING 8T |ASPEN CO ' CORRECTIONAL HEALTH SERVICES INC OHIO CORPORATION PO BOX 51 AKRON OH 44309 MEGA, VIVIAN BAUTGCH, MARY 81611 4771 S. XENIA ST., DENVER, CO 80237 P�PPER TOM 11\11"ERNAT%ONAL 8 A PANAMANIAN CORP 977 QUEEN ST �ASPEN CO 81611 DE CRAY MARCELLA .RUGTEE OF THE MARCELLA DE CRAY 30 COMMONWEALTH AVE SAN FRANCI8CO CA 94118 QUEEN VICTORIA, PARCEL/ROARING FORK TRAIL CITY OF ASPEN 13' GALENA ST Aur CO 81611 PITKIN EXCHANGE INC 8ARR%SH PARN . CITY OF ASPEN 601 E HOPKINS AVE 130 8 GALENA 8T ASpEN CO 81611 ASPEN CO 81611 LINDNER, JULTA A. P.O. BOX 2191 A8PEEN , CO 81612 PROCKTER, WALTER H. AND PROCKTER, MARIAN H., 1815 S.FEDERAL BLVD. DENVER, CO 80219 � BRADEN, RALPH L. BRADEN, CHERYL S. AS JOINT TENANTS 610 E HYMAN AVE AF CO 81611 1000 EAST HOpKING LLC YUSEM JEFF C/O 215 S MONARCH ST GTE 101 ASPEN CO 81611 CARDWELL, ROBERT A. � 1672 LOUISE STREET ` LAGUNA BEACH, CA 92651 _! - ---- '---r�--�'/ EISEL L. & JEAN 1/3;JULIA MCCUE MASON, SAMUEL & DIANA 1/3 TNT | 4820 E VASSAR LN ! DENVER CO 80222 | | - - �-----| |� � ISAAC THOMAG D REVOCABLE TRUST | 975 1-::*I1\18 ST ASPEN CO 81611 .' / R COMPANY 92.65% � TPRMER 1-12.45% & MARASCO E & B 2.45� [� 653 26 1/2 RD � 8RAND JUNCTION CO 81501 . MEMORANDUM TO: Aspen Planning and Zoning Commission THRU: Stan Clauson, Community Development Director Dave Michaelson, Deputy Director FROM: Suzanne Wolff, Planner RE: Smuggler Affordable Housing Conceptual PUD Review and Rezoning - Continued Public Meeting from April 16, 1996 DATE: May 7, 1996 SUMMARY: The applicants are requesting to develop a 100% affordable housing project on two parcels in the Williams Addition which are located at the corner of South and Spruce Streets. The project has been significantly revised since the original submittal. The project was tabled by the Commission pending resolution of issues regarding mass, scale, traffic impacts and the appropriatenesss of the site for affordable housing. A comparision of the project from the initial submittal, including number of structures, units and FAR are summarized below: The current proposal would develop 13 deed -restricted affordable housing units (12 one -bedroom Category 2, 3 and 4 units and 1 two -bedroom Category 4 unit) within 4 structures. Allowable FAR in the AH1/PUD zone district is 1.1:1, with Special Review required if the proposed FAR exceeds .85:1. The revised site plan, depiction, floor plans and elevations are attached as Exhibit A. APPLICANTS: Ted Guy and David Guthrie LOCATION: 810 South Avenue; Lots 13, 14, 15 & 16, Block 3, Williams Addition. The property is located on the corner of South and Spruce Streets, across from the entrance to the Smuggler Trailer Park. ZONING: R-6,, Medium Density Residential LOT AREA: 13,465 square feet REQUEST: The applicants are requesting Conceptual PUD approval and approval to rezone the property to the AHl/PUD (Affordable Housing) zone district. 1 PROCESS: The project is being processed as a four -step application, as determined by the Community Development Director, based on the recommendation made by the Planning Commission at the work session on April 2, 1996. Rezoning of the property would not formally occur until the Final PUD Plan is approved; however, staff has included the rezoning criteria with this Conceptual Review for the Commission to consider as a threshold issue. Special Review for parking and compliance with the Design Review standards will be considered during the Final PUD review. Public hearings will be held at Council during the Conceptual PUD Review, and at the Commission during the Final PUD Review. Per Section 26.100.060(C)(3)(b), all affordable housing deed restricted in accordance with the housing guidelines of the City Council and its housing designee, shall be exempt from growth management competition and scoring procedures by the City Council. If approved, the units will be deducted from the affordable housing pool. REFERRAL COMMENTS: The Planning Office received referral comments from the following departments. Complete referral memos are attached as Exhibit "B" with summaries as follows: Parks Department: Rebecca Baker noted concerns with the distance of the existing and proposed spruce trees from buildings and sidewalks. A detailed landscape plan will be required to be submitted as part of the Final PUD Review. Ms. Baker also notes that sidewalk maintenance must be performed by the owners of the development. Aspen Consolidated Sanitation District (ACSD): Bruce Matherly, District Manager, states that ACSD currently has sufficient capacity to service the proposed development. En „ing eering: Chuck Roth notes that Race Street was originally platted as an alley between Spruce and Walnut Streets, however, it functions as a street, and several residences access only from Race Street. Roth notes that head -in parking off of Race Street is acceptable, and that access from Race Street is preferable to access from South or Spruce Streets, due to traffic volumes on those streets. He adds that the Final PUD application should discuss the increase in trip generation that would result from this project, and should include a trip generation report by a traffic/transportation engineer registered to practice in Colorado. The applicant will be required to pay an impact fee for the Smuggler area roadway system improvements on the same basis as that required for the Williams Ranch project. Other concerns include: maintaining all drainage on -site; completion of the Spruce Street sidewalk; providing street lights at intersections and with maximum spacing of 150' between lights; and providing snow storage on -site. The applicants shall provide will -serve letters from utilities with the Final PUD application. A tap fee waiver may be granted by the Water Department for 100% affordable housing projects. Housing: The applicants met with the Housing Board on May 1, 1996, to show the Board the revisions to the project. The applicants have requested that the Board consider subsidizing the project by buying - down units to lower their sales price. The Board has not taken any formal action on the project at this time, and will not take any action until the project has obtained approval of the Conceptual PUD Plan from the Commission and the Council. 2 STAFF COMMENTS: The project must comply with the review standards for rezoning (26.92.020), PUD review (26.84.030), and the specific requirements of the AH1/PUD zone district. Staff's analysis is divided into two separate sections based on these requirements. PUD CONCEPTUAL REVIEW: Pursuant to Section 26.84.030 of the Aspen Municipal Code, a development application for PUD review shall comply with the following standards and requirements. General Requirements A. The proposed development shall be consistent with the Aspen Area Community Plan (AACP). Response: One of the goals of the AACP is to create affordable housing throughout the metro area. The AACP includes several policies applicable to the proposal, including the following: • Develop small scale residential housing which fits the character of the community and is interspersed with free market housing throughout the Aspen Area and up valley from Aspen Village. • Encourage infill development within the existing urban area so as to preserve open space and rural areas and allow more employees to live close to where they work. • Whenever appropriate, work with landowners whose property is well suited and well located to develop affordable housing projects. • The public and private sectors together should develop 650 new affordable housing units. Staff has researched the AACP and the technical reports, and found no reference to policies that would preclude additional affordable housing projects in the Williams Addition. B. The proposed development shall be consistent with the character of existing land uses in the surrounding area. Response: The lots to be developed are part of the Williams Addition, which is zoned R-6, and is comprised of approximately 19 single-family and duplex lots (including the two subject lots). The lots are directly across the street from the Smuggler Trailer Park which is zoned MHP, Mobile Home Park. Williams Addition is bounded to the north and east by the Hunter Creek and Centennial projects, which are zoned R/MFA, Residential/Multi-Family. The applicant has submitted a drawing showing the building footprints of the entire neighborhood (page 2 of revised submittal). The proposed development does not represent a scale or massing that is excessive for the neigborhood. The development is consistent with the mixed residential character of the neighborhood, and the units will be owner - occupied, as are the majority of the residences in the Williams Addition and Smuggler Trailer Park. C. The proposed development shall not adversely affect the future development of the surrounding area. k Response: Based on the existing mixed single-family and multi-famil} residential development in the area, development of affordable housing on this site will not adversely affect future development in the area. D. Final approval shall only be granted to the development to the extent to which GMQS allotments are obtained by the applicant. Response: Affordable housing deed restricted in accordance with the housing guidelines is exempt from growth management competition and scoring procedures. Additional PUD Standards Density: The proposed units comply with the AHl/PUD requirements for minimum lot area per dwelling unit: at least 400 square feet for a one -bedroom unit and 800 square feet for a two -bedroom unit. Sufficient lot area is available to accommodate this density. The proposed one -bedroom units range in size from 500-575 square feet of floor area; the two -bedroom unit contains 850 square feet. No reduction in density is required due to the presence of slopes in excess of 20%. For comparison purposes, the existing R-6 zoning would allow construction of a single-family residence on the 5,965 square foot south parcel and a duplex on the 7,500 square foot north parcel; the allowed floor area for the single-family residence would be 3,240 square feet, and for the duplex would be 3,840 square feet. Assuming that each dwelling unit contained 4 bedrooms, and one attached studio ADU was developed on each lot, the combined parcels would accommodate two structures with a total floor area of 7,080 square feet, 14 bedrooms (including ADUs), and 8 parking spaces. The current AHl/PUD proposal includes 4 buildings containing 13 units with a total of 14 bedrooms. The following chart compares potential development under the existing R-6 zoning with the proposed development: Buildings 72 4 +2 7 Bedrooms 14 (including2 ADU) 14 0 Parking Spaces 8 14 +6 (minimum required) Proposed Floor Area * 7,080 s.f. 6,732 s.f. 348 (not including exempt s.f.) (maximum) Total Square Footage ±11,500 s.f. 9816 s.f. -1684 (including exempt s.f. - (estimate) I garage/ADU/sub rade space) 2. Land Uses: Multi -family dwellings are not permitted under the existing R-6 zoning. Under the AH1/PUD zoning, 70% of the units created are required to be deed restricted as category 1-4 or resident occupied units and 30% may be free-market units. The applicants do not propose any free-market or resident occupied units; all of the proposed units will be deed -restricted and sold through the housing office to qualified full-time employees. 3. Dimensional Requirements: Setback requirements for AHl/PUD are established through the PUD review. For comparison, the adjacent R-6 zone has the following minimum setback requirements: • Front yard - 10' • Rear yard - 10' • Side yard - 10' (each side) • Minimum distance between buildings - 5' Since the lot is located on a corner, the applicant may designate the front yard. The proposed setbacks are: F. • Spruce St. lot line to structure - 10' • South St. lot line to structure - 0' • Race St. lot line to structure - 12' & 17' • North lot line to structure - 10' & 15' • Minimum distance between buildings - 12' The only variance required would allow a zero setback to the lot line along South St. for Buildings #3 and 4; however, Building 3 will be located appoximately 13' from the edge of the existing sidewalk and Building 4 will be located approximately 16' from the edge of the sidewalk. The proposed height of the structures complies with the 25' height requirement in the R-6 zone district. 4. Off-street Parking: The maximum parking requirement in the AH 1/PUD zone district is 1 space/bedroom or 2 spaces/dwelling unit, whichever is less, for affordable units. Therefore, 14 off-street parking spaces must be provided for the proposed 13 units. 19 surface parking spaces are proposed, 9 of which are covered spaces. 6 of the spaces are "stacked": 5 are reserved for guest parking and one is the second space for the 2 bedroom unit. Special review is required during the Final PUD review to allow stacked parking. 5. Open Space: AH1/1PUD does not have a specific open space requirement, however, the amount of open space should be compatible with the adjacent neighborhood. The applicants represent that structures cover 48.5% of the lot. The R-6 zone district does not have an open space requirement, however, if the two parcels were developed separately, the smaller parcel would allow 40% site coverage and the larger parcel would allow 35% site coverage. Common open space is designated on the site plan, and is accessible to all of the units. The open space has been improved with the reduction in the number of structures. 6. Landscape Plan: A detailed landscape plan will be reviewed with the Final PUD application. 7. Architectural Site Plan The architectural site plan will be reviewed with the Final PUD application. 8. Lighting: A detailed lighting plan will be reviewed with the Final PUD application. 9. Clustering: The revised site plan divides the units into 4 separate structures without exceeding the 25' height limit. 10. Public Facilities: Existing facilities are adequate to service the project. The buildings have been arranged to allow emergency vehicle access to all buildings. IL Traffic and Pedestrian Circulation: The units are all linked to the adjacent public streets and the proposed parking area by a system of walkways through the common open space. No building is farther than 60' from the driveway area on Race Street. As noted in the comments from the City Engineer, access from Race Street is preferable to access from South or Spruce Streets, due to traffic volumes on those streets. A RFTA bus stop is located across South Street, and an existing paved sidewalk links the site to the Clark's Market/post office area and the trail along the Roaring Fork River. 5 REZONING Purpose of AH1/PUD Zone District: The AHl/PUD zone district is intended for residential use primarily by permanent residents of the community. Recreational and institutional uses customarily found in proximity to residential uses are included as conditional uses. Lands in the AHl/PUD zone district should be scattered throughout the City to ensure a mix of housing types, including those which are affordable by its working residents; at the same time, the AHl/PUD zone district can protect the City's neighborhoods from rezoning pressures that other non -community oriented zone districts may produce. Further, lands in the AHl/PUD zone district should be located within walking distance of the center of the City, or on transit routes. The City's AHl/PUD district only applies within the Aspen Municipal boundaries. RezoninLy Requirements: Pursuant to Section 26.92.020, in reviewing an amendment to the zoning map, the City Council and Commission shall consider the following: 1. Whether the proposed amendment is in conflict with any applicable portions of the Municipal Code. Response: The proposal is consistent with the intent of the AHI/PUD zone district, which is specifically aimed at located AH uses within walking distance of the center of the City, or on transit routes. In addition, the AH1/PUD zone district was intended to encourage the scattering of such projects throughout the City to ensure a mix of housing types, including those types which are affordable to its working residents. 2. Whether the proposed amendment is consistent with all elements of the Aspen Area Community Plan (AACP). Response: This criteria is addressed above with the PUD criteria. 3. Whether the proposed amendment is compatible with surrounding zone districts and land uses, considering existing land use and neighborhood characteristics. Response: As noted above, the proposed development is compatible with the surrounding neighborhood, which is comprised of single-family and multi -family residential development. The subject lots are located on the edge of the R-6 zone district adjacent to the MHP zone district. The units will be owner - occupied, which is consistent with the residences in the Williams Addition and the Smuggler Trailer Park. The neighbors in the Williams Addition have expressed concern with the density of the project and the "infringement" of a multi -family project into their single-family neighborhood. However, staff conceptually considers the development to be compatible with the land use, character and scale of the Smuggler neighborhood. 4. The effect of the proposed amendment on traffic generation and road safety. Response: The applicants propose to develop 13 units, of which 12 are one -bedroom units. Staff does not consider that this development will create unacceptable traffic generation due to its proximity to the bus route/stop and its location within walking distance to town. In 1994, a traffic study was produced by Leigh, Scott & Cleary, Inc. for the Williams Ranch project. Staff has attached the June 2, 1994 summary of the traffic study for the Commission's reference (Exhibit Col "C"). As shown on Table 2 on page 3 of the memo, all intersections will operate at a peak hour Level of Service (LOS) of "A" following buildout of Williams Ranch. Furthermore, all intersections have a reserve capacity far beyond the expected traffic generation of the proposed Smuggler Affordable Housing project. Staff notes that a site -specific traffic study will be required at the time of Final PUD. For the Commission's reference, staff has conceptually summarized the expected peak period traffic generation for the Smuggler project, based on the same assumptions used in the Williams Ranch traffic analysis. AM Peak Hr2 PM Peak Hr3 # of Units Trip Factor' Total Trips Enter Exit Enter Exit 13 4.0 52 4 12 14 8 The applicants will need to work with the City Engineer to ensure that the South Street/Race Street intersection is safe for pedestrians and that the sight lines are adequate for the increased traffic. 5. Whether and the extent to which the proposed amendment would result in demands on public facilities, and whether and the extent to which the proposed amendment would exceed the capacity of such public facilities, including but not limited to transportation facilities, water supply, parks, drainage, schools, and emergency medical facilities. Response: To staff's knowledge, the proposed development will not adversely impact public facilities. 6. Whether and the extent to which the proposed amendment would result in significantly adverse impacts in the natural environment. Response: The site is surrounded by existing development, and will not result in adverse impacts on the natural environment. Portions of the lot along South and Spruce Streets are mapped as containing soil lead contamination levels which require mitigation if disturbed; a permit will be required prior to issuance of any building permits. 7. Whether the proposed amendment is consistent with and compatible with the community character in the City of Aspen. Response: The proposed rezoning to AH1/PUD is clearly consistent with the intent of the community to provide additional housing for the local work force. In addition, the location of the parcel is consistent with the intent statement of the AHl/PUD zone district, which states that AH1/PUD properties should be spread throughout the City, located within walking distance of the central core, and in close proximity to available transit. 1 The trip generation factor of four trips per day is consistent with the standards used by Pitkin County for affordable housing projects. 2 The rate of entering and exiting trips for the AM peak hour are .08 and .23 respectively, consistent with the Highway Capacity Manual (Special Report 209), published by the Transportation Research Board. 3 The rate of entering and exiting trips for the PM peak hour are .27 and .15 respectively, consistent with the Highway Capacity Manual (Special Report 209). %/ 8. Whether there have been changed conditions affecting the subject parcel or the surrounding neighborhood which support the proposed amendment. Response: An extension of the sidewalk on South Street is proposed, which will increase safety and convenience for pedestrians. Also, RFTA is considering expanding bus service to this neighborhood by increasing the frequency and/or offering a "reverse" Hunter Creek route, which will increase the convenience of this area and encourage greater use of public transportation. 9. Whether the proposed amendment would be in conflict with the public interest, and is in harmony with the intent of the City of Aspen Land Use Code. Response: The provision of affordable housing near the central core is consistent with the both the interest of the Aspen community and all applicable portions of the Land Use Code. Response to Staff Recommendtions of April 16,1996: On April 16, 1996, staff recommended that the project be tabled to allow the applicant to restudy several elements of the project. Staff concerns, and the applicant's response are summarized below: 1. Minimize the impact of the project along the northern property boundary, by increasing the setback and decreasing building height. The original site plan situated structures within 5' of the north property line; the current plan provides a 10' and a 15' setback from the north lot line. The applicant has represented that the current alignment of the proposed structure on the northeast corner of the parcel has been in response to the concerns of the adjacent property owner. 2. Consolidate the units into fewer buildings. The current proposal has reduced the number of structures to four, as opposed to the original seven. 3. Orient the unit entrances, porches, decks, etc. toward the public streets. The applicant has modified the entrances and porches for the two structures on Spruce Street, consistent with the intent of Ordinance 30. In addition, the second story decks for the the structures along Race Street (alley) are oriented towards the more public spaces along the alley and Spruce. 4. Provide a minimum of 15 off-street parking spaces without "stacking" spaces. Since the number of units has decreased, a minimum of 14 spaces is now required. The "stacked" parking stalls are reserved for guest parking spaces. 5. Create more usable and maintainable open space. Consolidation of the units into 4 buildings has improved the usability of the open space in the central area of the development and adjacent to South St. 6. Increase distances between buildings. !3 Consolidation of the units into 4 buildings improved the space between the structures. The minimum distance between buildings is now 12' ; the previous site plan had 6' between buildings. 7. Minimize the impacts along Race Street (actually a platted alley). All of the parking for the development is provided on -site, including guest parking. The structures on the alley are set back approximately 12' and 17 5 from the alley. STAFF RECOMMENDATION: The project is consistent with the intent of the AH1/PUD zone district and pertinent portions of the AACP, and is compatible with the mixed residential character of the neighborhood, therefore, staff supports the rezoning and the Conceptual PUD plan. Staff recommends approval subject to the following conditions: 1. A trip generation report prepared by a traffic/transportation engineer registered to practice in Colorado shall be provided with the Final PUD application. 2. Will -serve letters from utilities shall be provided with the Final PUD application. 3. A detailed landscape plan shall be provided with the Final PUD application. 4. The applicant shall adhere to all material representations made in the application or in public meetings or hearings, and shall consider those representations to be conditions of approval, unless amended by other conditions. RECOMMENDED MOTION: "I move to recommend approval of the Conceptual PUD Plan and the rezoning from R-6 to AH1/PUD for the Smuggler Affordable Housing project, subject to the conditions as outlined in the Community Development Department memo dated May 7, 1996." Attachments: Exhibit A - Revised site plan, floor plans & elevations Exhibit B - Referral Comments Exhibit C - Williams Ranch Traffic Study dated June 2, 1994, prepared by Leigh, Scott & Cleary, Inc. 9 SMckGGLER wITNEss L,IS7 : N A ryl l;. P L C ASE P R T- N-I' r:5. im l 9. rl, �a vv cJ1 s [!1_CtC"Cra 0705 0 r-r woos �6 pHArJ� (� W s'TEl,ly� -- SeCY6'!(, WAf2 be/PG. Lei, ,UBLIC NOTIC I•FI`' ♦•�I�Y'1 :� Y. DATE TIME 'LACE_ +, A Y �;� = y r� ,. . 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FL, ioc-< M"ATION MARK COOK SYMBOL WNDOW fAk4BeR--,',v syl-. DETAILLOCATED MmtE-� &eET VTotioFt MARK NORTH AqRori 51TE DATA: SEE SHEET AM COVE5. UB6 lqql UFO lqql SHEET INDEX: clovm P16UR-r= GROUND A1.0 INFORMATION SHEET SURVEY Al. 1 SrM / LANDSCAPE! PLAN A2.1 BUILVIN6 1 PLANS A:2.2 BUILDING, 1 ELI!VATIONS A2.3 BUILDING 2 FLANS. A2.4 BUILDING 2 ELL-VATION5 A2.5 BUILDING 3 PLAN9/ZLr--VAT)0N6 A2.6 BUILDING 5 ELEVATION5 A2.1 BUILVIN6 4 PLANS A2.5 BUILDING 4 ELEVATIONS NEIGHBORHOOD MAP THE0V0F;?J-= K GUY A9900ATES PC ARCHITECTS AND qTnCTURAL F_N6jNMp_S P.O. E30X 1640 25280 HVAY. 82 BASALT, COL4)RADO 81621 PHONE (BCe) 42T-316'7 FM (3Ce) 92T-4513 2b= PIM&%5 3-15-.16 R.E20t".1E , ------- ................... 52"6 REVISE REZONE ...... ................... 477-46 - . J!4 .............. ------- ................... ................. ------- ................... ....... ---------------- Sm u & LE AFF0=rn LE �1"'h�r"A.= %LoW HOU51NO - ASPEN, COLORADO JOB 0: &16106 DR141ft ONO C44ECXW: MWEV. 3-15-46 SHEET TITLE: INFORMATION SHEET A1.o COPYRIGHT THEODORE K 6V*( A55OCAATE5 F'4-- SCALE 1' -to' o • to ao. so 44 so FOUND PLASTIC CAP PROPERTY MONUMENT MARKED, ALPINE $184 FOUND PLASTIC CAP PROPERTY MONUMENT MARKED, CITY Of ASPEN 13144 389. 20 OOYE 12S.00'(R) o 00 c LOT 17 l FENCE 1 �t LOT Is ' Y ROCKS o a. O w 7SO(O SQ. FT. I \ • r \ o � - LOT I! I ^I 0 u. it 4Y cw FENCE 1 1 1 I sacs eoreacT[ I ( #LA• , ! • O t �i ► o i 1 1 ' A. A. 68 ttR[[T 1 1 STORY - ` ' \ �r��+L14- v�ivi I HOUSE 1 Mac" , 7 Y` 1 1 PLA••TONa ' I •� �+ _� ) ►Ano ( - ' LOT 14 `• ` C iZI floc. t I0 sew 1 W • • 4 I I - • to PIP[ y�~ -} i 1 1 3965.0420 SQ1f.T, 1 Poaea. j \ .o i LOT 13 O� t c-anauct M811.*20'00"W 4T.23'(R) b.a.ta \ 773o POLL \ 1 22 4.9 7 vN a A9 y yRt A \ ,Alln I la•.4'I FENCE A 06 %, y s6 .A\ ? N89.20'1T-W 47.30'(F) S6S \ POLL OLL S AS / v/ \ •10[•Ala Aa• ,,Tice ', a14aY of ..•AY SOUTH SV URVE DATA RECORD A=8.36', R•433.06;LONG CHORO S63a02'36'W,a.3a' fIELO A;46.43. R+433.06', LONG CHORD 363'33'23"W, 8.43' SECTION T. TOWNSHIP 10 SOUTH, RANGE 64 WEST QF THE SIXTH PRINCIPAL MERIDIAN LOTS 15 j 16 8c PART OF LOTS 13,14 BLOCK. WILLIAMS ADDITION 610 SOUTH. AVE. PROPERTY DESCRIPTION - - NOTES A PART OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER AMD OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION T.TOWNSHIP 1, THE BASIS OF BEARINGS FOR THIS SURVEY WAS THE RECORDED BEARING OF IO SOUTH, RANGE i4 WEST OF THE 61R PRINCIAI MERIDIAN, KNOWN AS LOTS 13, 14, 1S, AND 16, SOUTH 89.20'00'EAST ALONG THE NORTHERLY PROPERTY BOUNDARY, pETWE.c at FOUND ALPINE (9164) PLASTIC CAP PROPERTY BLOCK 3, WILLIAYS ADDITION; MONUMENTS AT THE NORTH- EST AND NORTHEAST CORNERS OF LOT 16, BLOCK 3, WILLIAMS ADDITION. AND AN ADJACENT TRACT OF LAND SITUATED IN YME NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION T. BEING BOUNDED ON THE SOUTHEASTERLY 2. THE BEARING! AND DISTANCES SHOWN HEREON WITH (RI ARE RECORD, SIDE BY AN EXISTING FENCE AND BEING MORE FULLY DESCRIBED AS FOLLOWS: THOSE WITH (F) ARE MEASURED BETWEEN THE FOUND MONUMENTATION. BEGINNING AT A POINT ON THE WEST LINE OF SAID NORTHWEST QUARTER OF 1 THE S.UTILITY LOCATION (SERVISES) OTHER THAN THOSE SHOWN ARE UNKNOWN I� SOUTHEAST QUARTER WHENCE THE CENTER CORNER OF SAID SECTION BEARS N 01.02'42'E SURVEYOR. T= r (/� 1 1123.61 FEET; _ THENCE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 433.09 4. THIS PROPERTY IS LOCATED ON THE PITKIN COUNTY, COLORADO AND INCORPOR�cTED AREAS, `o fEET A DISTANCEINSURANCE Of 26.14 FEET, THE CHORD Of WHICH CURVE BEARS PROGR NATIONAL FLOOD PROGRAM. FLOOD INSURANCE RATE YALt COMMUNITY -PANEL NUMBER 0809T N 62•3T'38'E 26.14 FEET TO A POINT ON 3A10 FENCE LINE; THENCE S 2T•21'46'W 13.69 FEET ALONG SAID FENCE LINE; C 0204 C. DATED DUNE 4.1047. THIS PROPERTY 13 WITHIN THE ZONE 'X OR IN THE AREA OUTSIDE THE 300 THENCE S33.40'34'W 16.93 FEET ALONG SAID FENCE LINE: - YEAR FLOOD PLAIN. THENCE S 94'22'43"W 10.97 FEET ALONG SAID FENCE LINE TO A POINT ON THE S. SURVEYOR RELIED ON THE TITLE COMMITMENT FROM PITKIN COUNTY • " WEST LINE OF SAID NORTHWEST QUARTER Of THE SOUTHEAST QUARTER: TITLE, •Awr- (NATIONAL TITLE INSURANCE Of NEW YORK INC.) CASE NO. PCT-9432 THENCE N01.02'42"E 17. 95 FEET ALONG THE WEST LINE OF SAID NORTHWEST QUARTER FOR INFORMATION ABOUT EASEMENTS AND RIGHTS -OF -WAY ON THIS PROPERTY_ W OF THE SOUTHEAST QUARTER TO THE POINT Of BEGINNING, 6. THE CITY OF ASPEN PLANNING OE►T., V TOGETHER WITH A PARCEL OF LAND SITUATED IN THE NORTHEAST QUARTER OF ON OCTOBER 20, 1994 ADVISED SURVEYOR THIS PROPERTY WAS LOC-ATEO WITHIN THE CITY OF ASPEN, 'R-i' THE SOUTHWEST QUARTER OF SECTION 7, TOWNSHIP 10 SOUTH, RANGE 64 WEST Of THE slitP. M., PITKIN COUNTY WHENCE A 1934 BRASS CAP FORMERLY DISTRICT ZOftaE THIS ZONE SETS FORTH THE FOLLOWING MINIMUM BUtL=.:aIG SETBACK REQUIREMENT! FOR PRINCIPAL BUILDING. Q. MARKED AS THE CENTER Of SECTION T. TOWNSHIP 10 SOUTH, RANGE 94 WEST OF - THE FRONT AND REAR YARDS TOTAL 30 FEET _ $IA P.M. NOW MARKED S,P.M. AND DATED ISTB BEARS NOt•02'41"E 1202.58 _ SIDE YARDS FEET S FEET: THENCE 263.43'56'W- 49.99 FEET: THENCE 34.46 FEET ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A LOT WIDTH .iET FEET LOT SIZE RADIUS Of 433.04 FEET THE CHORD WHICH BEARS M 37.09'47'E 54,42 FEET; 60 FL THERE ARE CONDITIONS IN THE CODE THAT MAY CHANGE THE ABOVE THENCE 301'02'42'W 5.97 FEET TO THE POINT Of BEGINNINQ. INFORMATION. BEFORE ANY DESIGN WORK THE ZONING REQUIREMENT N FROM- - THE ABOVE "DESCRIBEDPROPERTY A PARCEL- I ,SHOULD BE CHECKED WITH THE CITY Of ASPEN, PLANNING DEPT. N THE NORTHWEST IN THE NORTHWEST QUARTER Of THE SOUTHEAST QUARTER A► • 7. THE RECORD PROPERTY BOUNDARY DESCIPTION FOR THIS PROPERTY .QUARTER Of THE SOUTHWEST QUA i CALCULATES AN AREA OF 13443.0420 SQ.FT. MORE OR LESS. RANGE a4 WEST OF THE 6ttl P.M.,'PITKIN COUNTY- WH - AREA LOTS LOTS IS AND 16 7500 SQ.FT. MORE OR LESS. _ FORMERLY MARKED AS THE CENTER OF SECTION 7, T 1 AREA PARTIAL LOTS 13 AND 14 3945.0420 SQ.FT. MORE OR LESS. 94 WEST Of THE ell, P.M. NOW MARKED S.P.Y. AND N00.06'3L'E 1192.64 ►EET� TMiMtg 133.40'34'W I • THIS PROPERTY WAS APPROVED FOR A LOT SPLIT IN IST9 BEFORE ANNEXATIG4m TO f3.•a rcc,;• ._ - THENCE S64.22'41'W 10.67 FEET; THE CITY Of ASPEN. THE PROPERTY DIVISION WAS A/PROVED ALONG TtL->c BOUNDARY BETWEEN LOT! THENCE N 01.02'42'E 4.96 FEET; 14 AND 15 AS SHOWN ON DOCUMENTS RECORDED IA► PLAT BOOK i AT PAGE 39 AND BOOK 373 AT PAGE - THENCE M 62'40'44'E 21.22 FEET TO THE POINT Of BEGINNING. 139. PROPERTY DESCRIPTIONS FOR THE PARCELS COULD Be: - THE NORTHERLY PARCEL; ' LOTS 13 AND 19 AS SHOWN ON THE 'SPECIAL REVIEW PLAT FOR SEPARATIOaa Of SUBSTANDARD LOTS' AS RECORDED IN PLAT BOOK 6 AT PAGE 39, PITKINM COUNTY, COLORADO. CONTAINING 7500 SQ. FT, MORE OR LESS. _ THE SOUTHERLY PARCEL: LOTS 13 AND 14 AS SHOWN ON THE `SPECIAL REVIEW PLAT FOR SEPARATION NOTE: AU Contours indlCBt6d are derived from the COOpgf aerie) photo OF OF SUBSTANDARD LOTS' AS RECORDED IN PLAT BOOK B AT PAGE 39, PITKIWN maps and are not tObeassooatedmany way with Louis 8UgR{tgf. COLORADO. TOGETHER WITH THAT PARCEL DESCRIBED ON THE" DOCUMENT RECORDED IN NOTE. Ali topography isbetween 0%and 209:slope. BOOK 449 AT PAGE 391, PITKIN COUNTY, COLORADO. - EXCEPTING THEREFROM THAT PARCEL DESCRIBED ON THE DOCUMENT RECOIW =:ED SURVEYOR'S CERTIFICATE IN BOOK 449. AT PAGE 390, PITKIN COUNTY, COLORADO. _ 1, LOUTS H. BUETTNER, A REGISTERED LAND SURVEYOR IN THE STATE OF COLORADO, CONTAINING 3963.0420 SQ. FT. MORE OR LESS. 00 HEREBY CONFIRM THAT THIS SURVEY PLAT WAS MADE, FROM FIELD NOTES OF. ' SURVEY OF THE ABOVE DESCRIBED PROPERTY MADE BY MYSELF, OR UNDER MY DIRECT RESPONSIBILITY, SUPERVISION, AND CHECKING. THE MONUMENTATION SHOWN HEREON FOR THE PROPERTY CORNERS WAS FOUND DURING THE SURVEY. ALL DIMENSIONS AND DETAILS SHOWN HEREON ARE CORRECT TO THE BEST ' OF MY KNOWLEDGE. ' I FURTHER CONFIRM THAT THIS,SURVEYWAS COMMISSIONED FOR HENRY PEDERSEN, - JOHN OOREMUS, AND THE PITKIN COUNTY TITLE, INC. •� f! �pJsT o j^ 10U15 M.BBUETTNER LS 13166 �• :�� 13166 DATE p COUNTY CLERK AND RECORoER DEPOSITED THIS 9 DAY OF -t-ff , 199 AT t'' l Y, IN BOOK -f- Of THE PITKIN COUI.TY LANO SURVEY PLATS/RIGHT-OF-WAT SURVEYS AT PAGE-1/ , RECEPTION NUMBER SOpa 1f00 COUNTY CLERK. AND AECOROER 51TE DATA: LAND USE: EX5TIN6 PROPERTY, SUBDIVNED INTO A SINGLE FAMILY AND A DUPLF_X LOT. TO BE REZONED TO ACCCMODATE AFFORDABLE HOU3U1,16. TYELVE ONE BEDROOM UNITS (CATE60KY 2.3 AND 4) AND 011E TYNO BEDROOM UNIT (CATE60KY 4). DIMENSIONAL REQUIREMENTS: 1.) MINIMUM LOT SCM 9.000 S.P./ACTUAL LOT SIM 13,465 S.F. 2) MINIMUM LOT AREA PER. 0YELLLN6/ACTUAL LOT AREA PER DYE1.LN6 (1) BE 'ROOM: 4005.P. (ll BEDRGYhM: 451 9.F. (2) BEDROOM: 600 S.P. (2) BEDROOM: K23 S.P. 3-HINIMUM LOT WDTN: 30FT/Ae-TVAL LOT Y40TH 120 FT 4J MINIMUM FRONT YARD SETBACK/ACTUAL FRONT YARD SETBACK PRIMARY SUILON6: 15FT PRIMARY BVILVIN6: 0 FT (• SOVTW AVENUE) ACCEWORY BULDIN6: 10 FT ACE SSORY BNLDN6: O FT (0 SOUTN AVENUE) 5.) MINIMUM SIDE YARD SETBACK: 5 FT / ACTUAL SDEYARD 5EMACK 10 FT 6.) MINIMUM REAR YARD SETBACK/ACTUAL REAR YARD SETBACK PRMARY 9ALON6: 10 FT PRIMARY BU D(Ilt •. 10 FT AC44E56ORY 9U DING: 5 FT A ESSOKY BUALVIN& 5 FT t) MAXIMUM HE"T: 25 FT - SOFT THRU 5PECIAL PJFI 3 AGTUAL HEISHr. 25 FT MA"-04 8J MINIMMUM DISTANCE BE(YEEN BUILDINGS 5 FT/AGTUVL DISTANCE BETYFEN BW17IN6& 12 FT MINIMUM QJ LOT COVER. 6 - BY 5PWAL REVIE)WACTUVL PERCENT OF LOT COVERA6E:46.9% 10J EXTERNAL FAR: 1.1: V ACTUAL EXTERNAL F.AR: 0.56.1 11.) NO INTERNAL. FLOOR AREA RATIO PZQARM,4ENTS 12) OFF-STREET PAR1046 RE[LOIREMENTSC LEAST OF ETHER 1 SPFf.E43EDROMM OR 2/0V43J- N6 UNIT ACTUAL OFF-STREET PARKIN6 PROVICIV. (19) TOTAL SPACES - ONE PER 9EDROOMMATE6ORY 4) YV(5) 6(AA5T SPACES SQUARE FOOT CALCULATIONS: BUV.Dtt16 ONE: (4) ONE BEDROOM UNITS . UNIT 1 - 5TT S.F. UNIT 2 - 5TT S.F. UNIT 3 - 550 S.F. UNIT 4 - 5T1 S.F. TOTAL - 23'6 S.F. . BUILDIN6 TYL! (5) ONE BEDROOM UNITS UNIT I - 4a5 S.F. UNIT 2 - 580 5.F. UNIT 3 - 592 S.F. UNIT 4: 580 S.F. UNITS - 580 S.P. TOTAL - 2855 S.F. BUL.DIN6 THREE (1) ONE BEDROOM UNIT (1) TY'10 BECROCM UNIT UNIT 1 - SIM S.P. UNIT 2 - 862 S.F. TOTAL - 1438 S.F. 9UILC*46 FOUR: (2) ONE BEDROOM UNITS UNIT 1 - 5T1 S.F. UNIT 2 - 572 S.F. TOTAL - 1144 S.F. - TOTAL OVERALL BUILT LIVABLE SakWE FOOTA6E - -018 6.F. ADDITIONAL PARKJN& l STORA6E SaJARE FOOTAGE - 14q8 S.F. TOTAL BUILT SCd1N2E FOOfA6E - 4816 S.F. PLANT 5CHEDULE: 5ym. City. Botanical Name/common Name Size 5pacIng Cord. eymbol Treci PT 26 Gump-POpulus tremloldes/Cueking Aspen 2.5"-9.0- Cal. as. B49 PP 9 Pices pungens/Colorado Spruce 12'-13' a.6. BIB -- Existing trees as shown/Indicated on survey 5trubs and 6rourdc4vers COR W Corns ServfceaiRad-oskr Dogwood 5 gal. es. Full 4-T50 s.f. Sod w a lu �4 \� p1-------- --------------•-------------------------- ... E1 P4 \ au T1 F-5 // .. . I O --_-- - \ SIP 00 ------------ _tea WALK -: / STORM WATER ALL VEHICULAR AGGE56 FOR NEW DEVELOPMENT WILL BE FROM AILEY ONTO SQUTH AVENUE I , ------------- ' 1 ' 1 ' 1 I ' , I I ' 1 ' 1 M r [W IN Lu w RETENTION AREA) I%� \ WALK Cr'.. f I � TO PARK CIRCLE 1 I i I I k' ` COMMON 1 _ _ _ \ I 6ARDEN ' � SPACE I er�aGtl I I 1 '--------- � i Sim J �ti5-�t6 g10�"K S00`14 A'E�,we DENSITY INFO: 12 - ONE BEDROOM UNIT 1 - TY`0 BEDROOM UNITS 14 - TOTAL BEDROOM5 14 - REGUIRED RESIDENT PARKIN6 SPAGE5/GAR5 5 - 6UE5T PARKIN6 5PAGE5/GARS PARKING KEY: P# = RESIOENT PARKN6 5PAGE T# = TANDEM PA12.1<I1,16 SPAGE(FOR TWO BEDROOM UNIT) Ea a EXTRA OR 6UE5T PARKlN6 SPACE TOTAL PARKING 5PA CE5 = 19 PHY5I0AL ACVRE55: 510 SOUTH AVENUE A5FEN, COLORADO LEGAL DE5CRPTION: LOTS. 15,16 AND PART OF LOTS 13,14 BLOK 3 WILLIAM5 ADDITION o � s Oy Gov 'A II It �J SITE/LANDSCAPE PLAN NORTH GRAPHIC 5GALE O 5 10 20 THEODORE K GUY A550GIATE5 PG ARGHITEGT5 AND 5TRUGTURAL EN(5INEER5 P.O. BOX 1640 232eO HYNY. 82 HA5ALT, COLORADO 51621 PHONE 003) 421-3161 FAX 003) 421-4813 26M RMAARxs 3-13-416 REZONE 3-2"S-tib REVI�•D REZOhE 4-T116 P/L 5MUGGLER AFFORDABLE HOU51NO A5 E COLORADO JUEIIt: ci6103 DRAWN: BNB CHECXED: PRINTED: sn7E/1-LANDSCAPE PLAN A1.01 COPYRI6MT THEODORE K GUY A550GIATES PC r------------------------------- I I I I I I I I I I I I I I i i I I I I I } I n I I I I I I I I I I I I I L------------------------------ i UPPER LEVEL PLAN aoRn+ U f`Y=K L=V tL f LAN m 1/4 r-a NO"TM PARKIHO LEVEL PLAN m 1/4"= 1'-O" NOR7H THEODORE K GUY A550CIATE5 PC ARCHITECTS AND STRUCTURAL ENGINEERS P.O. BOX 1640 23280 HYVY. 82 BASALT, CZ)WRAVO 61621 PHONE ('303) 92 T3161 FAX (WB) 42T-4813 2A= REMARKS --ii- --------------- 3---- Rl--- 4-'11i6 1'/Z SMUGGLER AFFORDABLE HOUSING A6FEN, COLORADO JOB #- C16103 DRAy": BNB . GHEC.KED: PRINTED: BUILDING ONE BUILDINO ONE COPYRIGHT THEODORE K GUY ASSOCIATES PG 11 I j j l I I 1 1 1 1 1 1 rr----------- L— Ye5T ELEVATION 0 1 ldr I 1 I1------------------------------- ------------J 1 i L—J L—J EAST ELEVATION -- 1 e I I i I I I 1 I I I i I iL-----------------------------------J 1 r---------------------------------- `—J L—J NORTH ELEVATION er---------------------------------- I ,I �-"T L—J L—J SOUTH ELEVATION 1 THEODORE K GUY A-55OCIATE5 PG 5TRUGTURAL ENGINEER5 P.O. BOX 1640 292W HhY. 52 BASALT, GOLORADO 51621 PHONE (905) 927-9167 FAX (509) 'U 7-4615 QdT� B 3-15-96 ttEZONE 3= 25 _96 RE��ISFD RFIDNE - 4-7-Oib_ P/Z 5MUO&LER AFFORDABLE HOU51NO ASPEN, COLORADO Jos K, %109 cle.A "N: BNs . GHEGIcw: PRMTED: BUILDIN6 ONE ELEVATIONS A:2.2 BUILDING ONE I GOPYRI6HT THEODOKE K 6t1Y A650GATES PG 41-b' 29-6• 4-0' PATIO . BEDROOM ' �. - I FA-110 i BATH - 40'-t t.5 BEDROOM -�` .scar 6i.,d�al range --- KIT c KI L(VINOMINING ---------------------------- GAIRVEN LEVEL PLAN t+otTt+ m 1/4"= 1'-0" t t•-0' _ t BEDROOM MAIN L tVEL PLAN ® 114"= r-0" BU I L.D IN& TYNO THEODORE K GUY A5500ATE5 PG ARGHITEGT5 AND 571;ZUGTURA.L ENGINEER5 P.O. BOX 1640 23280 HYYY. 82 BA5AI..T, COLORADO 81621 PHONE (303) 421-31671 PAX ('303) 92-1-4813 5MUO&L.ER - AFFORDABLE HOU51NO ASPEN, GOLORADO -05 #: 46109 DRAYYN: BNB CHECKED: PRINTED• 5HEET 11TLE: BUILDING TWO PLANS A:2*3 COPYRIGHT THEODORE K GUY ASSOCIATES PG --------- ilb'-0.5 �--------- 109•-05 ---------- 108-0 __-----_-_ 48=11.5 �11 Il I , iu, I 1 I I I I 1 I I I I 1----------- ----------------------- �J- - - - - - - - - - - - 90'-11.5 L - J SOUTH ELEVATION O 1/4" T-0" -------------------------------------=------------------------ ------ ---------- _L_! •J-1_LJ_J_L_•_J_L_L J-1_L1_J_L_L•J_1_LJ_J_L L•J_t _i J_L_LJ_J_t• •-0.S --------•-�-r-r-c-T-ri-'i�r-r-1-T-r"i-T-r-•-'i�r-J""'I-T•-r �: 7•-T-1--1-T-r :-T-r-.--�-r 46'-i i.5 ' . . . . . . . . . . . . . I I i ------ --------- L_J - L_J NORTH ELEVATION ® 1/4"= 1•-0" 0 ---------------- - ---=•.=-:-=:=------- ---- T 12 . . __ _ _ __ - • •_J_t _L J_l, L_•_J_l.. •�-J_i_LJ_J _L -----_ —_ _ _ _ _ __ _ _ _ _ '___________________.._—______— —_---_ Y------- J 104'-0,5 :::: F�l ...... Ell .. ............_..__._. ----------- _-_ - ____________________ _----_._ ...... . ............... ------------ . T r z r -s r T r z r �• 1 Ll 1 L I I I 1 i I , 1 I 1 1 I ---------- I"-1----------------------------------------------------------------------------------L ------_� frr-----'----------------------------------------------------------------------------- 90'-11.5 L—J L--J WEST ELEVATION m 1/4•'= 1'-O" --- ,ib'-0.5 TFMYL ------- 10 -0.5 109'-0 TFnYl - - - - - - ,oa-0 48'-,,.5 EAST ELEVATION ® 1/4"= 1'-0" BUILOIN& TYPO THEODORE K GUY A550CIATE5 PC ARCHITECTS AND STRUCTURAL ENGINEERS P.O. BOX 1640 23280 HAY. 82 BASALT, COL.ORADO 131621 PHONE (303) 427-316'1 FAX (303) 427--4813 5M000LER AFFORDAf3LF- HOU51NO ASPEN, COLORADO JOB w 016105 DRA1k BNB CHECKED: PRINTED: BUILDING TWO ELEVATIONS COPYRGHT THEODORE K GUY iSSCk-'1ATE5 PG ON GARDEN LEVEL PLAN UPPER LEVEL PLAN • 1/4'= V-0' NGRTH MAIN LEVEL PLAN 5UILOIN6 THREE GP, IP THEODORE K GUY ASSOCIATES PG ARCHITECTS AND STRUCTURAL ENGINEERS P.O. BOX 1640 232W Wrf. 52 BASALT, COLORADO 61621 PHONE (303) 42T-316T FAX (503) 92'1-4&13 DATE REMARKS - ----- --------------- 3-25-�6 �ZEVISED REZONE 4�11Ci P-1Z_---------- ----- --------------- ----- --------------- 5M000L ER AF FOROAB LE HOUSING ASPEN, COLORADO -JOB -6103 DRAB: BNB CHEC c : PRINTED: 5HEL7 TITLE BUILDING FIVE PLANS AND ELEVATIONS COPYRIGHT THEODORE K GUY ASSOCIATES PC r, r - - - - - - - - - - - - - - - - - - - - - - - - - - - - I L-- -i L- — -i EAST ELEVATION a 114'= 1'-0" 5OL1TH ELEVATION a 1/4"= 1'-0" r-' r - - - - - - - - - - - - - - - - - - - - - - - - - - - WEST ELEVATION ® 1/4"= 1'-0" 0 T in rz.L- 116-0.5y T- MXA 1001-0y L----------------------------------------------------- el i ----------------------------- ----I Ll L- L---j NORTH ELEVATION o 1/4"= 1'-0" BUILPIN6 THREE 5TRUCTURAL EN(51NEER5 P.O. E30X 1640 23280 HIM'. 82 BA6ALT, COLORADO 51621 PHONE (303) 921-316-1 FAX ('305) 927-4813 2b= ....... ....... 3-Z'31fb REVISED REZONE 4-'7-lqi5 P/Z ..... ............... ..... ............... ..... ............... ----- --------------- 5MU66LER AFFORDABLE HOU51N(5 ,45PEN, COLORAVC J:6 *: 46105 DR arft BNB C+ECKM. PRINTED: SHEET TITLE-, BUILDIN6 MV1!! F-LP-VATION5 A:2.o& COPYRIGHT THEODORE K GUY A950CAATE-5 PC YS'-O• b'O• r-------------------------------, 1 I I I 1 t • I 1 1 I , 1 1 I 1 L----_ — I , 1 4 1 1 _I I rARKMb I , 1 , 1 i . 1 I 1 - I - 1 1 I I • 1 STOR- 1 f.. 1 4 I 1 , t � I ------------------------------- „ • - - -- - ----- -- ---- --- - 1 r----------- 1 - i 1 I i 1 1 1 � 1 1 I i I 1 I I 1 I i , .,,NP----------------- 4 1 PARKING � - I i 1 � I _ I 1 t , 1 1 i ; STOR. 1 ---=---------------------------; L PARKING LEVEL PLAN 4 1 Y UPPER LEVEL PLAN BUILDING FOUR I ( THEODORE K GUY A55GIATES PG ARCHITECTS AND STRUCTURAL ENGINEERS P.O. BOX 1640 :=80 HWY. 82 BASALT, COLORADO 51621 PHONE (305) 42?-5ib 7 FAX (303) 92-7-4813 DATE REh1ARK5 -------------------- 3 15 96 REZONE 3 25 "b 13C4*F.12FF.ZDNE 4-1i16 P/Z -------------------- -------------------- 5MU06LFR AFFORDABLE HOU5ING ASPEN, COLORADO -JOB M: 06103 DRANK: BNB CHECKED: PRINTED: 5HEEr Tn LE: BUILDING THREE PLANS AND ELEVATIONS A:2.0.1 COPYRIGHT THEDDCURE K GUY A550GIATE5 PG i --------- 103'-5.5 ----------------- i I 1 i 1 1 1 i 1 I I I I 1 1 I 1 1 I 1 I I I rt 11 �l L-J L-J NORTH ELEVATION • 1/4"= 1'-0" i i I I 1 1 I I i I I I I I 1 1 I 1 I I iJ L, r L, I SOUTH ELEVATION m 1/4"= l'-O" I L-J WEST ELEVATION m 1/4"= T-0" ' 117&, i - t03•-5.^ t -0 103'-5. 45' S.5 1 1 I I 1 1 I I I I I I I 1 I I I I I I I I I I i i 1 1 L-J L-J L_J EAST ELEVATION BUiLDiNO FOUR THEODORE K GUY A55OCIATE5 PG ARGHITEGT5 AND 5TRUGTURAL EN6INEER5 P.O. BOX 1640 23280 HWY. 62 BA6ALT, C.OLORADO 81621 PHONE (303) 92i3161 PAK (303) 927-4813 2b= REMARKS ----- --------------- 3-15-C16 REZONE ----- --------------- 4-7-�16 r-/Z ------------ ----- --------------- SMUOOLER AFFORDABLE HOU5INO ASPEN, COLORADO -109 w C16103 DRA"4. BNB GHEGKED: . PRINTED: SHEET 11T1 ,T. BUIIICNN6 THREE PLANS AND ELEVATIONS A:2*5 GOf'fM6HT THEODORE K 6UY ASSOCIATES PG APR�10 '96 10:06AM Ekkfflff TO: Suzanne Wolff, Community Development Dept. ]PROX: Cindy Christensen, Housing Office DATE: April 10, 1996 R3 a SMUCCLER AFFORDABLE HOUSING PTM/REZONING k IS_: The applicant is proposing to rezone from Medium Density Residential (R--6) to Affordable Housing/Planned Uait Development AH1,/PUD) , which will consist of a total fifteen deed restricted affordable housing -- one Category 4 two -bedroom, 12 Category 4 one -bedrooms, azid 2 Category 2 one -bedroom units. The Housing Board has met with the applicants twice with regards to this project. The second meeting, April 3, 1996, the Board heard comments from the applicants with regard to their meeting with Planning and Zoning. No formal action waa taken by the Board, but the Board did feel that this was a good location for an AH project. Some of the Board members felt comfortable, with the density and some feat It was too dense. The Housing Board requested the applicants meet with the neighbors and see if they would be acceptable to any type of AH project in that location. At this time, a formal recommendation cannot be made in conjunction - with the density of the project as some members felt the density was fine but others felt it could be lees dense, but the Board did like the idea of an AH project in this location. The applicants are meeti.za,g with pave Tolen and a couple of the Housing board members to discuss this project further. APR. 8 '96 4:84PM Memorandum TO: Suzanne Wolff, Community Development FROM: Rebecca Flaker, Parks Department DATE: April 8, 1996 RE: Smuggler Affordable Housing CC: Ross Sodergtrom. 'Pngineering Department We have: reviewed the application for the Smuggler Affordable Housing Project and offer the following comments. The sidewalk extension is the responsibility of the property development and becomes their responsibility for maintenance, including snow removal in the winter. The City will no longer perform snow removal for any portion of the sidewalk that Abuts this property. The site/landscape plan shows two spruce trees close to the sidewalk- extension. Both of these trccs should be planted a minimum of 15 feet from the edge of tho sidewalk to allow for tree growth. Additionally the two cxi'sting spruce tines shown along; the sidewalk may need to be pruned or relocated to allow for site distances and pedestrian flow. It also appears as though there are trees planted within the walkway on the north side of the property. Conifers in particular should be planted 15 feet away from bath buildings and sidewalks to allow for growth. ,)Pe,t2 COMOfida 565 North Mill Street Aspen, Colorado 81611 Tele. (970) 925-3601 i FAX #(970) 925-2537 Sly Kelly - Chairman -Albert Bishop - Treas. Louis Popish - Secy. Apr i 1 4, 1996 Suzanne Wolff, Planning Department 130 S. Galena Aspen, CO 61611 Michael Kelly Frank Loushin Bruce Matherly, Mgr. 61 ry -_LoPMENT.,. jP\ Re: Smuggler Affordable Housing PUD/Rezoning Dear Suzanne: The Aspen Consolidated Sanitation District currently has sufficient capacity to serve this proposed development. There is a minor downstream line constraint that will- be rehabilitated through prorated additional fees. S ' ervice for the development will be, contingent upon compliance with District rules. regulations, and specifications which are on file at the District office. The design of the on -site collection system will be required to be approved by our line superintendent prior to construction. We will need to review more detailed plans as they become available. We Have met with a representative of the applicant to offer our preliminary fee estimates and comment on possible connection scenarios. Flease-call if you need additional information. Sincerely, Bruce Matherly District Manager EPA A-,vards of Excellence . 1976 .1986 - 1990 Regional and National vtl , F _IRLAR I= To: Suzanne Wolff, Community Development Department From: Ed Van Walraven, Fire Marshal Subject: Smuggler Housing -Parcel ID #2737-073-00-027 Date: March 27, 1996 Suzanne, This project shall meet all of the codes and requirements of the Aspen Fire Protection District. This includes but is not limited to the installation of fire sprinkler systems and fire alarm systems where applicable. If you have any questions please do not hesitate to contact me. MEMORANDUM To: Suzanne Wolff, Planner Thru: Nick Adeh, City Engineer/j `_„ From: Chuck Roth, Project Engineer C� Date: April 17, 1996 Re: Smuggler Affordable Housing PUD/Rezoning - Conceptual Review (810 South Avenue; Lots 13 and 14, Williams Addition; Parcel ID No. 273 7-073 -00-027) Having reviewed the above referenced application, and having made a site visit, the Engineering Department has the following comments: 1. Parma - The application shows head -in parking off of Race Street. City Code limits curb cuts to 18' in width, however Race Street was actually platted as an alley between Walnut and Spruce Streets. Therefore the proposed head -in parking is acceptable and is preferred to driveway access off of either South Avenue or Spruce Street where traffic volumes are relatively high. The final development plans must indicate driveway and parking space slopes draining into the property and not onto Race Street. The application presents 17 parking spaces for a fifteen unit project, one unit of which is a two bedroom unit. The application is however unclear in that it states that 5 of the spaces are guest spaces. Perhaps the project covenants could provide for floating guest spaces for unused unit parking spaces. A minimum of one handicap parking space is required. 2. Site Drainage -. City Code requires that only historic flows be permitted to leave the site, but not in concentrated discharge point(s). Final development plans must include drainage calculations and on -site detention design prepared by an engineer registered to practice in Colorado, as well as providing erosion and sediment control both during and after construction. As discussed above, the final development plans must indicate driveway and parking space slopes draining into the property and not onto Race Street. 3. Utilities - Any new surface utility needs for pedestals or other equipment must be installed on an easement provided by the applicant and not in the public right-of-way. There are existing aerial utilities adjacent to the parcel which are appropriate to be undergrounded when more of the neighborhood is undergrounded. The applicant should be required to join any future improvement districts which are formed for improvements in the public right-of-way. All new utility service connections off the overhead lines must be required to be installed underground. The application states that there are sufficient utility capacities in place to serve the project. The final submission should include "will serve" letters from each of the utilities. There may be a 100% tap fee waiver for affordable housing. The applicant must provide separate meters for individual units and separate meter for irrigation water. The applicant must provide street lights at intersections and with maximum spacing of 150 feet in between. 4. Alley Paving - Race Street currently is paved. Alley paving was discussed with the applicant as a dust control measure addressing PM-10 issues. The existing pavement serving the parcel on Race Street is a chip seal surface which is requested to be improved to comply with practice standards. 5. Encroachments - The boulders which currently encroach into the public right-of-way of Race Street must be removed from the right-of-way. 6. Snow Storage - The site design needs to be revised to indicate snow storage spaces. The snow from the parking spaces shall not be plowed or shoveled into the Race Street right-of-way. 7. Sidewalk, Curb and Gutter - There is currently sidewalk, curb and gutter for much of the parcel's frontage on South Avenue and Spruce Street. The applicant must complete the sidewalk, curb and gutter for the remainder of the Spruce Street frontage and provide a five foot buffer space between the sidewalk and the back of curb. 8. Transformer Easement - There is an unusually large space between the property line and the sidewalk on South Avenue. Since that space is available, the applicant need not be required to provide an easement for a transformer on their property. However the applicant may be required to provide a fence or landscape screen for a transformer if one is installed at the time of aerial utility undergrounding. 9. Traffic Impacts - The application does not respond to Sec. 26.92.020.1) regarding effect on traffic generation. The .. final submission must discuss the increase in trip generation that would result from granting the rezoning request. Final submission should include a trip generation report by a traffic/transportation engineer registered to practice in Colorado. 10. Landscaping in the Public Right-of-way - The final development plan must indicate proposed landscaping in the public right-of-way which must conform with City Code and without encumbrwances such as boulders and fences or trees. Tree canopies extending into the right-of-way must be pruned up to maintain 9' minimum vertical clearance. I 2 11. Easements - The improvement survey does not indicate the date of Title Policy as regards easement information. The final submission must include information no older than 12 months regarding any easements on the site. 12. Streets - The applicant must be aware of their and the City's snow removal needs. Snow from private property and parking areas and driveways may not be plowed into the street. It must be stored on site and hauled away. 13. Work in the Public Right-of-way - Given the continuous problems of unapproved work and development in public rights -of -way adjacent to private property, we advise the applicant as follows: M96.133 The applicant must receive approval from city engineering (920-5080) .for design of improvements, including landscaping, within public rights -of -way, parks department (920-5120) for vegetation species, and streets department (920-5130) for street and alley cuts, and shall obtain permits for any work or development, including landscaping, within public rights -of -way from the city community development department. 3 EXHIBIT C LEIGH, SCOTT & CLEARY, INC. TRANSPORTATION PLANNING & TRAFFIC ENGINEERING CONSULTANTS 1889 York Street Denver, CO 80206 (303) 333-1105 FAX (303) 333-1107 June 2, 1994 Mr. Chuck Roth, P.E. City of Aspen Engineering Department ZD 130 South Galena Street Aspen, CO 81611 Re: Williams Ranch Traffic (LSC #940340) Dear Mr. Roth: In accordance with our March 31, 1994 proposal, we have completed a traffic impact analysis of the proposed Williams Ranch residential project in Aspen, Colorado. Figure 1, enclosed, illustrates the location of the 12.7-acre project site. In general, the site is located within the northeast corner of the City with access planned to and from Park Circle via Smuggler Mountain Road, Brown Lane and Spruce Street. The project's land use plan envisions a total of 54 homes including 18 single-family homes, 20 duplex homes and 16 "free market" lots. For purposes of this analysis, the "free market" lots have been assumed to be developed with. single-family homes. The remainder of this report presents our findings and recommendations related to the probable traffic impacts associated with buildout of the proposed development. Existinq Transportation Facilities and Traffic The transportation system which would serve the Williams Ranch site is primarily characterized by the somewhat dendritic roadway network which generally conforms to the hillside topography of the surrounding area. Road- ways in the vicinity of the site are generally paved, two-lane routes with 20 or 25 mph posted speed limits. Exceptions include the northern section of Spruce Street, which is a narrow gravel route, and two eastbound, one- way streets (King Street and Nicholas Lane). The amount of existing peak -hour and 24-hour traffic activity is shown on Figure 1 for several study area locations. As noted, these counts were conducted during mid -March of t4is year (data printouts are enclosed). Inspection of these traffic activity levels and patterns together with on -site observations reveal that the Gibson/ Park Avenue corridor functions as an important collector route between Red Mountain Road and Cooper Avenue. Similarly, the South Avenue/Park Circle route functions as a minor collector route for the surrounding neighbor- hood. All other nearby streets function as local access roadways. Figure 2 illustrates the major transportation elements associated with travel within the study area. in addition to the roadway system itself, intersection traffic controls, designated pedestrian routes and bus stops are shown. It is noted that the Roaring Fork Transit Agency (RFTA) provides a high level of public transit service to the neighborhood via its Hunter Creek shuttle with 20-minute headways between vehicles from 7:00 AM to 12:00 midnight. Mr. Chuck Roth, P.E. Page 2 June 2, 1994 Estimated Traffi c Generation The preparation of traffic generation estimates for the Williams Ranch development requires an approach which takes into account the unique characteristics of the Aspen community. First of all, the majority of the proposed homes are intended to serve as employee housing. Secondly, the site and surrounding area is provided with excellent transit service with a track record of good ridership. In addition, the Town's plans for implementation of a new on -street pay parking program later this year is expected to further promote the use of alternative (non - automobile) modes of transportation. As a result, we have applied traffic generation rates to the Williams Ranch project which are significantly less than the ten and six vehicle -trips per day which are typically applied to single- and multi -family homes, respectively, based on national averages published by the Institute of Trans- portation Engineers (ITE). The current Pitkin County Road Standards and Specifications document suggests average weekday generation rates of four trips per single-family dwelling and three trips per multi -family dwelling, assuming strong transit service. For the "free market" lots, we have increased the single-family rate by an additional 2.9 daily trips as recommended by ITE for households with more than two vehicles. Finally, we have calculated peak -hour rates for each housing category by applying the peak -hour to average weekday ratio cited under Category 210 of the ITE "Trip Generation" document. For purposes of this analysis, we divided the site into the three traffic access zones illustrated in Figure 3. As indicated on the project's site plan, one "free market" lot would have access off of Spruce Street (Zone 1), eight duplex homes would access off of Brown Lane (Zone 2), and the remaining 45 homes would have access via Smuggler Mountain Road. Table 1, enclosed, illustrates the expected traffic generation characteristics of each of these zones. As indicated, buildout and full occupancy of Williams Ranch is projected to generate 242 average weekday vehicle -trips (121 in and 121 out). Of these, 16 would enter and nine would exit during the peak -hour. Estimated Traffic Distribution The directional distribution of project -generated traffic is a key element in the determination of impacts of a given development. The distribution itself is influenced by a number of factors including the site's relative location within the surrounding community, the type of proposed land use, existing roadways and travel patterns, and the specifics of the project's access plan. In this particular instan-.e, the traffic patterns exhibited in the existing counts shown on Figure 1 give a good indication of the probable Williams Ranch distribution. Figure 3 presents the percentage traffic distribution which is expected to be applicable to this development. As indicated, about 50 percent of the Williams Ranch traffic is projected to be oriented towards the west via Gibson Avenue with the remainder towards the south via Park and Neale Avenues. Figure 3 also illustrates the general distribution of average weekday traffic onto the surrounding roadway system. As indicated, the maximum concentration of project -generated traffic is expected on Smuggler Mountain Road where about 106 additional vehicle -trips per day in each direction are forecasted. t, Estimated Traffic Assignment Figure 4 illustrates the assignment of peak -hour traffic generated by Williams Ranch to several intersections throughout the study area. These estimates were derived by application of the Figure 3 distribution percentages to the Table 1 generation estimates. L Mr. Chuck Roth, P.E. Page 3 June 2, 1994 Projected Traffic Impacts r Figure S illustrates the peak -hour, combination of project -generated traffic (Figure 4) and existing traffic (Figure 1) at four key intersections in the vicinity of the site. In order to assess the impact of the proposed residential development, peak -hour capacity analyses have been prepared for the four key intersections for both existing and existing plus site -generated traffic conditions. The methodology used is that presented in the current edition of the Highway Capacity Manual (Special Report 209), published by the Transportation Research Board of the National Academy of Sciences. The concept of Level of Service (LOS) is used as a basis for computing combinations of roadway operating conditions which accommodate various levels of. traffic activity. By definition, six different Levels of Service are used (A, B, C, D, E, and F) with "A" being a free -flow condition and "E" representing the capacity of a given intersection or roadway. More detailed definitions of the six Levels of Service along with the threshold values applicable to this analysis are included on Page A-20 in the Appendix. The following tabulation summarizes the results of these LOS analyses which are also included in the Appendix section to this report. As indicated, all four intersections can be expected to operate a high Level of Service after full buildout and occupancy of the proposed development. Furthermore, these calculations are somewhat conservative since existing traffic activity has not been reduced to account for anticipated traffic decreases associated with the Paid Parking Plan. Table 2 LEVEL OF SERVICE COMPARISON Williams Ranch AM Peak - Hour PM Peak - Hour Minimum Level Minimum Level Reserve of Reserve of Intersection Assumed Traffic Capacity Service Capacity Service Spruce/Park Circle EAsting 804 A (404) 785 A (385) E)dsting + Project 815 A (415) 737 A (337) Brown/Park Circle Existing 877 A (477) 812 A (412) I E)dsting + Project 871 A (471) . 800 A (400) South/Gibson Existing 656 A (256) 796 A (396) Existing + Project 652 A (252) 783 A (383) Gibson/Park Circle EAsting 861 A (461) 810 A (410) Exdsting + Project 855 A (455) 796 A (396) Note: Numbers in parenthesis represent the amount of peak -hour reserve capacity remaining (above 400) at each intersection in order for traffic operations to remain at Level of Service "A" Mr. Chuck Roth, P.E. Page 4 June 2, 1994 VMT Analysis f Another perspective related to the traffic impact of Williams Ranch relates to its contribution to total Vehicle Miles of Travel (VL M within the Aspen Air Qualiky non -attainment area. In order to calculate such impacts, the following assumptions have been made based on our experience with similar analyses for the Aspen area: • Average Daily Traffic = 90 percent x (Average Weekday Traffic) • Average one-way trip length in Aspen non -attainment area = 3.0 miles. • Average one-way trip length for Down -Valley employees within Aspen non -attainment area = 4.9 miles. • Down -Valley employees who use bus = 30 percent. • No. of employees per employee home = 1.5 • Down -Valley employee auto occupancy = 1.5 Based on the above assumptions, the daily V`NIT associated with Williams Ranch is calculated as follows: 1. Free Market Home VMT = 2. Proposed Employee Housing VMT = 3. Down -Valley Employee Loss VMT = Net VL'YIT increase = 110 x 90% x 3.0 = +297 132 x 90% x 3.0 = +356 38x1.5x70%-/-1.5x2x5/7x4.9=-186 +467 As it relates to this projected V-iV[ 1' increase, the following calculations apply to particulates (PM,o emissions) associated with Williams Ranch: 1. Major Arterial = (30% x 467) 0.0064 = 0.90 2. Minor Arterial = (40% x 467) 0.0130 = 2.43 3. Local Streets = (30% x 467) 0.0184 = 2.52 4. Wintertime Sanding = 467 x 0.001 = 0.47 Total Pounds of Particulates added per day = 6.32 Recommended Transportation Improvements As discussed earlier in this report, present traffic patterns in the vicinity of the study area indicate that the Gibson/Park Avenue route between Red Mountain Road and Cooper functions as a neighborhood collector corridor. Similarly, the South Avenue/Park Circle route functions as a minor collector. Figure 6 illustrates these roadway routes together with various recommended transportation improvements throughout the study area. The following discussion presents these recommendations by category of improvement. 1.7 1. South Avenue. The most obvious roadway deficiency within the study area is the poor intersection designs found along South Avenue at CpTibson and in the vicinity of Spruce Street. Vehicular paths through these intersections are poorly defined, and the Spruce intersection is further complicated by the] adjacent Oak and Cottonwood roadway connections. As a result, traffic accident potential for both vehicles and pedestrians is higher than it should be. Figure 7 illustrates three recommended projects which clearly Mr. Chuck Roth, P.E. Page 5 June 2, 1994 define the preferred vehicular paths along South Avenue. Conceptual cost estimates for this work are $4,100, S41250 and $4,900 for projects 1, 2 and 3,1 respectively. 2. Roadwav Widths. The width of the two-lane, two-way ropdways within the study area varies from about 12 feet to about 29 feet, with 24 being somewhat typical. Even though a 24-foot width is desirable under "ideal" conditions (without on -street parking), we recommend that a 20-foot minimum width be applied to the collector routes in the study area, and an 18-foot minimum be applied to the remaining local streets. Figure 6 identifies three short roadway sections where the 20-foot minimum does not presently exist. Widening in these areas is estimated to cost about $5,000. In addition, Spruce Street adjacent to Williams Ranch currently has a narrow unpaved cross-section of as little as 12 feet. The Williams Ranch plan envisions one free-market lot to have access via Spruce, and emergency access is also proposed off of this route. We recommend that this 600-foot reach of Spruce be widened to an 18-foot cross-section. 3. Speed Limits. We recommend that a uniform 20-mph speed limit be applied to all streets north of the Gibson/Park Avenue corridor. 4. Soeed Bumus. At the present time, the only speed bump within the study area is located on the east side of South Avenue at Oak and Cottonwood Lanes. As indicated on Figure 7, it is recommended to be relocated. In addition, the two cross -gutters located across the Spruce;Tark Circle intersection serve to slow through traffic. -No additional speed reduction measures are recommended at this time. 5. Warning Signs. As indicated on Figure 6, a "Stop Ahead" warning sign is recommended for installation along Gibson in advance of Neale Avenue. Visibility of this three-way Stop is somewhat restricted for eastbound drivers. No other warning signs are recommended. 6. Pedestrian Facilities. Adequate pedestrian access is a key part of the transportation system serving the Williams Ranch area. Existing pedestrian sidewalk locations are shown on Figure 2. In addition, future sidewalk extensions are planned along the east side of Neale Avenue and the south side of Gibson. It is strongly recommended that this expanding pedestrian walk system be extended into Williams Village along two routes: the northerly extension of Brown Lane and along the project's eastern access road to Smuggler Mountain Road. Existing crosswalk locations across Spruce at South Avenue and along Gibson at Lone Pine are adequate. 7. Smuggler Mountain Road/Park Circle Intersection. As of this time, the specific location and design of this key access intersection has not yet been finalized. As indicated on Figure 6, however, the two-lane access road should intersect Park Circle at about a 90- degree angle and a Stop sign should be posted facing southbound motorists. 8. Transit Service. As previously indicated, public transit service is presently excellent within the study area. An existing bus stop, located along Park Circle at Brown Lane, will provide service within about a quarter mile of the Williams Ranch site. There have Mr. Chuck Roth, P.E. Page 6 June 2, 1994 been discussions with RFTA concerning the possibility of adding bus stops on Park Circle at Smuggler Mountain Road and at the traffic circle within the adjacent Cent- anal residential development. However, RFTA is also considering increasing the size of vehicle (from 30' to 40') which serves the Hunter Creek route in orders to meet the anticipated patronage increase resulting from implementation of the Paid Parking Plan. The aforementioned Centennial traffic circle, however, is not designed for the larger bus turning radius. Table 3, enclosed, summarizes the above projects and their estimated costs. t-" - r%^I# i t- ; ^ rn t Buildout of the proposed Williams Ranch residential development is projected to increase average weekday traffic along portions of Park Circle and Gibson by 50 to 60 vehicle -trips in each direction. Such increases can be safely accommodated by the area's existing roadway system, given implementation of the numerous improve- ments recommended herein. In addition to upgrades of the existing roadway system, the proposed development does provide potential benefits related to provision of a substantial amount of new employee housing. We trust that this report will assist with further discussions and planning for the Williams Ranch proposal. Please call if we can be of additional assistance. Respectfully submitted, LEIGH, SCOTT & CLEARY, INC. J Philip NL/ Scott III, P.E. PNSiwd Enclosures: Tables 1 and 3 Figures 1 through 7 Traffic Counts Capacity Analyses (Pages A-1 through A-68) C ?ROJECI51940a40\WU_LlAMS.REV b e. MEMORANDUM TO: Aspen Planning and Zoning Commission v� THRU: Stan Clauson, Community Development Director FROM: Amy Amidon, Historic Preservation Officer RE: Tennis Townhomes Insubstantial PUD/Subdivision Amendment DATE: May 7, 1996 SUMMARY: The Planning and Zoning Commission discussed a proposed amendment to the Tennis Townhomes development within the Meadows campus on April 2, 1996. At that time the Commission was asked to give input as to whether or not the amendments might be viewed as "insubstantial" and therefore be approved by the Community Development Director (pursuant to 26.84.040.) In the alternative, the amendments would require review through public hearings at P&Z and Council. Since April 2, the applicant has revised the project significantly, and is again requesting comments from the Commission. The proposed amendment reduces the number of units to six (6) from the previously approved seven (7), and the units are shortened in order to pull away from the edge of slope. The architecture of the buildings is also changed from the original approval. Please note that the attached elevations are not the same as those viewed by P&Z on April 2. These elevations were presented to the Historic Preservation Commission in their discussion of the project on April 24, minutes of which are attached. APPLICANT: Savanah Limited Partnership, represented by Stan Mathis LOCATION: Aspen Meadows PUD ZONING: SPA with a PUD Overlay STAFF COMMENTS: Insubstantial PUD Amendment: Section 26.84.080 of the Aspen Municipal Code authorizes the Community Development Director to approve an insubstantial amendment to an approved PUD, if the amendment does not: Change the use or character of the development; Response: The use and character are not being changed. 2. Increase the overall coverage of structures on the land by more than three percent (3%); Response: The site coverage will be reduced by the reconfiguration by 700 sq. ft. 3. Substantially increase trip generation rates or the demand for public facilities; Response: The amendment will not increase trip generation rates or demand for public facilities. In fact, traffic generation will likely decrease due to the reduction in bedrooms. 4. Reduce the approved open space by more than three percent (3%); Response: The open space will increase by 700 square feet. 5. Reduce the off-street parking and loading space by more than one percent (1 %); Response: Off-street parking will not be reduced. 6. Reduce the required pavement widths or rights -of -way for streets and easements; Response: Not applicable. 7. Increase the approved gross leasable floor area of commercial buildings by more than two percent (2%); Response: Not applicable. 8. Increase the approved residential density of the development by more than one percent (1 %); Response: The residential density will not be increased. 9. Create a change which is inconsistent with a condition or representation of the project's original approval or which requires granting a further variation from the project's approved use or dimensional requirements. Response: On April 2, P&Z reviewed the project and indicated concern that the, proposal was not in keeping with the architectural character of the surrounding area. This issue is important because the Meadows campus is listed on the City's "Inventory of Historic Sites and Structures," and several members were 2 aware of the strong concern on HPC's part during the SPA review that new construction be compatible with the surrounding architectural resources. Since April 2, the applicant has revised the proposal and brought forward new elevations which are similar to those originally approved in terms of consistency with surrounding buildings. Many of the architectural characteristics in the Bayer/Benedict designs, including modularity, cantilevered elements, flat roof forms, etc. are included in this proposal. HPC reviewed the project and approved it with two conditions; that they have further review of landscaping and materials and that the applicant restudy the design to create more usable porches, decks, and balconies, consistent with the original proposal. Insubstantial Subdivision Amendment: Section 26.88.060 authorizes the Community Development Director to approve an insubstantial amendment to an approved plat, provided the change has no effect on the conditions and representations which limit the approved plat. The proposed amendment to the footprint is consistent with the conditions and representation of the original plat. The Community Development Director will base his determination on the criteria cited above and comments form the Planning and Zoning Commission. $1 ASPEN HISTORIC PRESERVATION COMMISSION APR. 249 1996 TENNIS TOWNHOMES, ASPEN MEADOWS Amy stated as part of the SPA area for the campus HPC was given some element of design review over aspects of the project. The trustee townhomes as well as the tennis townhomes were reviewed. There is a potential developer who would like to purchase the property and build townhomes and they have a slightly different design. Stan Mathis, architect for prof ect stated that the original proposal had seven townhouse units and the proposal represents the elimination of one of those units. The setback has not change but ten feet will be placed between the three duplex units so we have a less massive program. The square footage of the unit that was eliminated is then divided into each of the six units so that we maintain the same allowable FAR that was specified in the SPA. The units have been shortened by 18 feet and they have been pulled back from where they were originally located. The underground parking still remains. The difference in the proposals is that the entrance will be on the side of the units. The original proposal had the doors facing the driveway. Since we are changing what was previously approved we have to fall under ordinance #30 which dictates that if we don't have a doorway directly from the street we have to have a porch of at least 50 sgft. at the front and side of the house. Bayer's architecture had huge cantilever structures and on the east side it extends out five feet to form the porch but ties in with the Bauhaus program. The drawings show vertical siding but it could also be stucco. Bayer is symmetrical in the design and in order to understand it one must be symmetrical. We are pulling back the homes from the stream side. The buildings are stepped on the site plan. This proposal is less bulk, less mass and we meet most of the items in ordinance 30. COMMISSIONER COMMENTS Roger stated that the buildings have been shortened and the height has not been increased because of the removal of the gabled roof. He also asked if they were on a street. Stan stated no and that they were set back further than the existing proposal. K ASPEN HISTORIC PRESERVATION COMMISSION APR. 249 1996 Jake stated that the agenda states that the application is an amendment to final but there are substantial changes from conceptual. Amy stated that the determination from the Community Development Director was that this would not be a public hearing. It is an amendment from a project. Stan stated that they are seeking an amendment of the SPA that the P&Z can grant that will allow the applicant to go forward but in the last meeting of P&Z they wanted the HPC to review what was proposed to make sure we are going in the direction that HPC deems appropriate. Amy stated that she was unclear about the street facade elevation. Stan stated that it was unclear as to whether there was a porch at all. Stan stated that he was trying to pick up elements of Bayer that he might have done in the design. He also stated that ordinance 30 is a Building Dept. check list issue. He also stated he needs a statement from HPC that they are not that far of as to what was previously approved. Amy stated that if the Board could make a referral comment that was appropriate but that they still have to come back to HPC with material and present the items that are within question. Sven stated that he finds the bulk and mass favorable and the reassemblage of FAR on the site and the rectangularity overall references appropriate. He also stated that he has concerns with materials shown. He has concerns about the mechanical etc. and where are they on the roof, The roof should be as clean as the building forms. Roger stated that the over approach in the design is compatible with Herbert Bayer. We would need a full description of materials and a good discussion of that and that the roof element is cleai�i. He also stated that he felt Ord. #30 is not applicable to the Hebert Bayer design. Roger favored the spacing between the buildings and this building does not sit on the street and in that regard Ord. #30 would not apply. 11 ASPEN HISTORIC PRESERVATION COMMISSION APR. 249 1996 Martha stated that in broad terms she has no problem with the presentation. She also feels that the HPC should reapprove the materials. Jake stated that the solution proposed is less consistent with what was initially proposed. It is too far from the original design in terms of massing and the way the columns and doors are handled. There are a lot of large roof overhangs. In some ways the old design was a good solution because it stepped down the hill. The stepping helps the WL. The WL doesn't have the kind of overhang visions articulated between the units. There seems to be a lot of ,glass. Sven stated if you look at the conceptual approval you now have a different type of space. Give an interpretation of usable balconies that are more sheltered. MOTION: Roger moved that HPC encourage P&Z to accept the overall mass and scale of the amendment to final finding that it is fitting within the Herbert Bayer design. HPC requests that the applicant come back and we look at landscaping, materials, and possibly some redesign of porches before we grant any final. Regarding the HPC support of Ord. #30 a better functionality of porches and decks meets the requirement of Ord. #30, second Martha. Motion passes 3-1. Roger stepped down. 426 E. Hyman - Conceptual Development David Hoefer, Assistant City Attorney stated that HPC no longer has four members present and in order to get approval a positive vote of all three members must occur or the applicant can request continuation until the next hearing. George Lathan, applicant decided to proceed. At the last meeting it was 1 . recommended that we redesign the front due to the elimination of the stairway. 5 r a pTAX tt� r.r- ►• 4 . !� co U') ' ur) 0 ®4 -get, 00 U3 U4 r oll, z P-4 low C.) IJA -em yr t t ; ` 4 I i c • VA i i 171 Qj 49 a ' b 3. t , S f _ o ' I� i i t - '14 _ s x 171, 1T 40 7 i f ' { • C a"join — g its } { t 1 gjgjff . yyy . t mma t { • , r� #erg > oil _.0 — -- . (I q r s Ja rT x r , p k i i� a s � t # t; r M 3 , r- - # 3 i r A i a 2 {r b i 1Y' 2 ' t a t� x v �°* jOc a-+ OWN t 't u t