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HomeMy WebLinkAboutagenda.apz.19921020 A G L N D A =====; -~======--=============--===========~. ======================= """"'- ,.PEN PLANNING AND ZONING COMMISSION REGULAR MEETING October 20, 1992, Tuesday 4:30 P.M. 2nd Floor Meeting Room City Hall ===============~================================================= cm" 1'S Cor .. 3sioners Plar.r.ing. st, .'f Public II. MINU'l ES III. PUBLIC HEARINGS .. ~" A. alberg Condit'. Use Rev Kim Johnson B. Mocklin Rezoning, ~~slie Lame:!: IV. NEW BC~INESS A. Design Workshop Spe ial Review for Ps' ng, Leslie Lamont V. OLD BCc' .S A. uba Non-Compliance, Leslie Lamont VI. WORK SECSION A. Pi 'ande Conec.. :._~ _ "PA Master Plan, Leslie Lamont VII. ADJOURN " • TO: Aspen Planning and Zoning Commission FROM: Debbie Skehan, Office Manager RE: Upcoming Agendas DATE: October 15, 1992 Special Joint Meeting with County P&Z - October 22nd 4:30 P.M. Pitkin County Library Aspen Area Community Plan Adoption, continued (CH) Regular Meeting - November 3rd 419 E. Hyman Conditional Use for Satellite Dish, (KJ) Bell Mountain Lodge Tourist Accommodations GMQS, Code Amendment for Parking in the LP Zone, Special Review for Parking (KJ) 311 W. North St. Landmark Designation (RE) Block Conditional Use Review (KJ) Regular Meeting - November 17th City Shop Master Plan Adoption (RE) Text Amendment FAR Revisions (RE) &V 41'alt4 a � 7� UU Regular Meeting - December Sth Ritz -Carlton Hotel Subdivision PUD Amendment, Lot 1 (DM) a.nex i AFFIDAVIT OF PUBLIC NOTICE OF APPLICATION FOR DEVELOPMENT APPROVAL (Pursuant to Section 6-205.E. of the Land Use Regulations) STATE OF COLORADO ) ) ss. COUNTY OF PITKIN ) The undersigned, being first duly sworn, deposes and says as follows: I, SUNNY VANN, being or representing an Applicant before the City of Aspen, personally certify that Public Notice of Monica and Peter Mocklin's application to rezone Tracts A and B of their property from r-15A to R/MFA was given by 1) posting of notice containing the information required in Section 6-205.E.2., which posting occurred on October 8, 1992, in a conspicuous place on the subject property and 2) mailing Notice of said development applica- tion to all property owners within three hundred (300) feet of the subject property, which mailing occurred on October 9, 1992. Applicant: MONICA AND PETER MOCKLIN By The foregoing Affidavit of Public Notice was acknowledged and signed before me this day of October, 1992, by Sunny Vann on behalf of MONICA AND PETER MOCKLIN. WITNESS my hand and offici 1 s al. My commission expires: 5 �� Notary Public RACZAK ADMINISTRATIVE SERVICES CERTIFICATE OF MAILING I. Janet Lynn Raczak, hereby certify that on October 9, 1992, I placed true and correct copies of the attached public notice in the U.S. Mail, first-class postage prepaid to all those on the attached list. f, ,Janet Lynn Raczak 0234 Light Hill Road • Snowmass, Colorado 81654 • 303-927-4800 PUBLIC NOTICE RE: MOCRLIN MAP AMENDMENT FOR REZONING TO R/MFA NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, October 20, 1992 at a meeting to begin at 4:30 pm before the Aspen Planning and Zoning Commission, 2nd Floor Meeting Room, City Hall, 130 S. Galena, Aspen to consider an application submitted by Peter Mocklin, P.O. Box 807, Aspen, CO, requesting approval of a Map Amendment application to rezone Tracts.A and B of the Mocklin property from R-15A to R/MFA. The R/MFA Zone District permits detached residential dwellings, multi -family dwellings, home occupations, accessory buildings and uses, and dormitories: The property is located at 0202 Lone Pine Road, more specifically described as a metes and bounds parcel in Section 7, Township 10 South, Range 84 West of the 6th P.M., Pitkin County, CO. For further information, contact Leslie Lamont at the Aspen/Pitkin Planning Off ice, 130 S. Galena St., Aspen, CO 920- 5090. s/Jasmine Tygre, Chairman Planning and Zoning Commission Published in the Aspen Times on October 2, 1992 City of Aspen Account VANN ASSOCIATES Planning Consultants August 14, 1992 I t FA i Z I r Ms. Leslie Lamont Aspen/Pitkin Planning Office 130 South Galena Street Aspen, Colorado 81611 Re: Mocklin Property Rezoning Dear Leslie: Please consider this letter an application to rezone a portion of the Mocklin property from R-15A, Moderate Density Residential, to R/MFA, Residential/Multi-Family (see Exhibit 1, Pre -Application Conference Summary, attached hereto). The application is submitted pursuant to Section 7-1103 of the Aspen Land Use Regula- tions by Peter and Monica Mocklin, the owners of the property (see Exhibit 2, Title Insurance Policy). Permission for Vann Associates to represent the Applicants is attached as Exhibit 3. Existing Conditions As the accompanying survey illustrates, the Applicants' property consists of three (3) separately described meets and bounds parcels. Tracts A and B, which are located adjacent to the intersection of Gibson Avenue and Lone Pine Road, contain approxi- mately 3.26 and 0.24 acres, respectively. Tract C contains approximately 0.59 acres and is physically separated from Tracts A and B by Gibson Avenue. Tracts A and B are located within the so-called Centennial/Hunter Creek/Lone Pine annexation area, and are most likely considered merged for development purposes. Man-made improvements to the property include an eight (8) unit apartment building, which is located on Tract A, and the Spring Street right-of-way, which traverses Tract C. Tracts A and B-are zoned R-15A, while Tract C is zoned R-30, Mandatory Planned Unit Development. The existing free market apartment building is a legally established non -conforming use in the R-15A zone district. Background The Centennial/Hunter Creek/Lone Pine annexation area was formally annexed to the City of Aspen via the adoption of City Council Ordinance No. 15-89 on March 230 East Hopkins Avenue - Aspen, Colorado 81611 - 303/925-6958 - Fax 303/920-9310 Ms. Leslie Lamont August 14, 1992 Page 2 29, 1989 (see Exhibit 4, Annexation Map). The annexation area contained approxi- mately sixty-one (61) acres, and included single-family, multi -family and public land uses. More specifically, the annexation area consisted of the Mocklin, Moran, Friedberg, Rowland, Scully, Oden, Cowee and Braden properties, the Community Center, and the Hunter Long House, Lone Pine, Hunter Creek and Centennial apartment/condominium complexes. The annexation area was rezoned pursuant to City Council Ordinance No. 26-89, which was adopted on June 14, 1989 (see Exhibit 5, Ordinance No. 26-89). At the time of the annexation, the Centennial and Hunter Creek complexes were zoned AR-2, Accommodations and Recreation District, a multi -family residential zoning category. The remainder of the annexation area was zoned R-15, Residential District, a single-family residential zoning category. As the official zone district map illustrates, the City Council rezoned the Friedberg, Rowland and Scully properties to R-30, Low Density Residential, Mandatory Planned Unit Development. The Oden, Cowee, Mocklin and Moran properties were rezoned to R-15A, Moderate Density Residential, while the Community Center was rezoned to PUB, Public. Both the Oden and Cowee properties were also designated Mandatory Planned Unit Development. The Centennial, Hunter Long House, Hunter Creek and Lone Pine complexes, and Ralph Braden's Mountain View project, were rezoned to R/MFA, Residential/Multi- Family, a new zone district which was created to reflect their existing densities and floor areas. Apparently, the dimensional requirements of the City's existing R/MF zone district would have allowed significant increases in these project's buildout potential. The R/MFA category, therefore, was designed to allow existing multi- family developments in the annexation area to be conforming, but to preclude or significantly limit their future expansion. The Planning Office initially recommended that the Mocklin property also be rezoned to R/MFA. The staff recommendation was based on the fact that the property was surrounded by multi -family development, and that a R/MFA designa- tion was necessary to make the existing multi -family use conforming. The staff, however, subsequently changed its recommendation to R-15A, based solely on the argument that "... zoning the property R/MFA in the absence of a development plan may not be in the best interests of the Community" (see Exhibit 6, Planning Office May 22, 1989, Memorandum). The staff apparently did not object to the R/MFA zone district category, but rather to the lack of a specific development proposal for the property. While the staff did not elaborate on its position, a review of the Planning Office's files, and the Planning and Zoning Commission and City Council minutes, indicates Ms. Leslie Lamont August 14, 1992 Page 3 that the staff felt that the City would have greater control over the property's future development if it were rezoned concurrent with the review of a specific development application. In other words, the Planning Office apparently wished to use the rezoning process to control any future development of the Applicants' property. Although the P&Z voted to recommend rezoning to R/MFA, the City Council concurred with the staffs position and rezoned the property to R-15A. Proposed Rezoning As noted previously, the existing apartment building is a non -conforming use in the R-15A zone district. The Aspen Land Use Regulations define a non -conforming use as "... any use of land, building or structure which was established pursuant to the zoning and building laws in effect at the time of its development, but which use is not a permitted or conditional use under the regulations imposed by this Code for the zone district in which it is located". Pursuant to Section 9-102 of the Regulations, non- conforming uses are allowed to continue, but are subject to numerous restrictions. More specifically, non -conforming uses may not be expanded, and normal mainte- nance is limited to ten (10) percent of the building's current replacement cost in any given twelve (12) month period. In addition, such uses must be terminated if abandoned or discontinued for a period of twelve (12) consecutive months. While buildings containing such uses may be reconstructed following their demolition or destruction, the non -conforming uses may only be restored if less than seventy-five (75) percent of the building is demolished or destroyed. An exception to this rule, however, exists for uses which are demolished or destroyed by an act of God. In such cases, the use and building may be restored regardless of the extent demolished, provided that a building permit is issued within one (1) year of the demolition. The above limitations impose significant hardships on the Applicants which are not imposed on neighboring multi -family uses. For example, the Applicants are expressly precluded from any expansion of their building's floor area, despite the fact that it is located on approximately three and one-half (3-1/2) acres of land. In addition, the nature and extent of improvements to the existing units is limited by the requirement that only normal maintenance be permitted. Finally, the building's non -conforming status is an impediment to the sale of the property and to the obtainment of mortgage financing. To alleviate these problems, the Applicants propose to rezone Tracts A and B from R-15A, Moderate Density Residential, to R/MFA, Residen- tial/Multi-Family. Tract C, however, will remain R-30 as presently zoned. Review Requirements Pursuant to Section 7-1103, a private application for an amendment to the City's official zone district map may only be submitted on or prior to February 15 and Ms. Leslie Lamont August 14, 1992 Page 4 August 15 of each year. The applicable review criteria for such applications, and the proposed rezoning's compliance therewith, are discussed below. 1. "Whether the proposed amendment is in conflict with any applicable portions of this chapter." The proposed rezoning complies with all applicable provisions of Chapter 24 of the Municipal Code, The Aspen Land Use Regulations. As no demonstrable benefit would result from terminating the existing multi -family use, the rezoning of the property to R/MFA would eliminate its present non -conforming status, thereby bringing the structure into compliance with the use requirements of the Land Use Regulations. No variation in the dimensional requirements of the R/MFA zone district, or waiver of any applicable provision of the Regulations, is requested by the Applicants. 2. "Whether the proposed amendment is consistent with all elements of the Aspen Area Comprehensive Plan." As discussed in the 1991 Phase One Report which was prepared by the Planning Office in connection with the current Aspen area community planning effort, there is no single document which constitutes the Aspen Area Comprehensive Plan. Instead, the Aspen Area Comprehensive Plan consists of a variety of individual elements and neighborhood plans which have been adopted since the preparation of the original Aspen Area General Plan in 1966. Although the Planning Office prepared a neighborhood master plan for the annexation area in 1982, the plan was never adopted by either the City or the County. A number of the recommendations contained in the plan, however, have been implemented. The only adopted element of the Aspen Area Comprehensive Plan which contains recommendation which specifically address the Applicants' property is The Aspen Land Use Plan which was prepared in 1973. This plan depicts the Mocklin property as being within the Residential/Multi-Family land use category. The proposed rezoning of the Applicants' property to R/MFA, Residential/Multi-Family, therefore, is consistent with The Aspen Land Use Plan. To the best of the Applicants' knowledge, no other adopted element of the Aspen Area Comprehensive Plan contains recommendations which preclude, or otherwise pertain to, the proposed rezoning. It should be noted that the first draft of the new Aspen Area Community Plan Action Plan contains a recommendation that the Mocklin property be purchased for park purposes. This recommendation is apparently intended to either supplement or supersede the Parks/Recreation/Open Space/Trails Element of the Aspen Area Compre- hensive Plan, which recommends expansion and improvement of the Mollie Gibson Park to serve the Centennial/Hunter Creek/Lone Pine annexation area. The new Ms. Leslie Lamont August 14, 1992 Page S plan, however, has not been formally reviewed or adopted. The Action Plan's recommendations notwithstanding, the proposed rezoning does not preclude the purchase of the Mocklin property should the City wish to develop it for park purposes. 3. "Whether the proposed amendment is compatible with surrounding zone districts and land uses, considering existing land use and neighborhood characteristics." With the exception of the Williams Addition and the Oklahoma Flats neighborhood, the majority of the area surrounding the Applicants' property is presently zoned for multi -family use. As discussed previously, all existing multi- family development in the area except the Mocklin property was rezoned to R/MFA in connection with the Centennial/Hunter Creek/Lone Pine annexation. The Planning Office has previously acknowledged, however, that R/MFA is an appropri- ate zone district category for the Applicants' property. As discussed in the Planning Office's May 22, 1989, memorandum to the City Council, the annexation area contained approximately six hundred (600) existing multi -family units. This figure excludes the adjacent Smugger Mobile Home Park property whose density is obviously multi -family in character, the Hunter Long House apartment complex expansion, and the new Williams Woods condominiums. It should also be noted that additional multi -family development is proposed on the so-called Williams Ranch property, which is located adjacent to Centennial, and on the nearby Community Center property. Based on the above, the proposed rezoning of the Applicants' property to R/MFA is compatible with existing zoning and land uses in the immediate site area. The surrounding neighborhood is unquestionably multi -family in character, and additional multi -family development has been proposed and approved in the area. The appropriateness of the proposed rezoning is further substantiated by the Planning Office's and P&Z's prior recommendations, and The Aspen Land Use Plan, which was discussed under the preceding criteria. 4. "The effect of the proposed amendment on tragic generation and road safety." The proposed rezoning will have no adverse impact on the area's existing road system. Should further development of the property be proposed, the Land Use Regulations are designed to ensure that potential impacts are mitigated in connection with the review and approval of a specific development application. Similarly, the nature and extent of any future development proposal would obviously be limited by identified deficiencies in the surrounding road system. Ms. Leslie Lamont August 14, 1992 Page 6 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, sewage facilities, water supply, parks, drainage, schools, and emergency medical facilities." The proposed rezoning will have no adverse impact on the City's public facilities. Should further development of the property be proposed, the Land Use Regulations are designed to ensure that potential impacts are mitigated in connec- tion with the review and approval of a specific development application. Similarly, the nature and extent of any future development proposal would obviously be limited by identified deficiencies in the availability of public facilities and services. 6. "Whether and the extent to which the proposed amendment would result in significantly adverse impacts on the natural environment." The proposed rezoning will have no adverse impact on the natural environ- ment. Should further development of the property be proposed, the Land Use Regulations is designed to ensure that potential environmental impacts are mitigated in connection with the review and approval of a specific development application. Any further development would also be required to comply with such additional regulations as may be promulgated by the Environmental Protection Agency which are applicable to the property. 7. "Whether the proposed amendment is consistent and compatible with the community character in the City of Aspen." While compatibility with the City's "community character" is obviously a subjective criteria, the proposed rezoning is clearly consistent with the property's sur- rounding zoning and existing land uses. 8. "Whether there have been changed conditions affecting the subject parcel or the surrounding neighborhood which support the proposed amendment." A basic change in conditions occurred when the Applicants' property was annexed to the City of Aspen, and the surrounding area was rezoned to R/MFA. The continued development of multi -family dwelling units in the area, e.g., the Hunter Long House expansion, Williams Woods condominiums, and the proposed Williams Ranch and Community Center projects, represents an on -going change which supports the proposed rezoning. 9. "Whether the proposed amendment would be in conflict with the public interest, and is in harmony with the purpose and intent of this chapter." Ms. Leslie Lamont August 14, 1992 Page 7 Inasmuch as the proposed rezoning would remove the existing multi -family structure's non -conforming status, the public interest would appear to be appropri- ately served by approval of the rezoning request. As discussed previously, the Applicants' proposed rezoning is consistent with the purpose and intent of The Aspen Land Use Plan's multi -family land use category and complies with all applicable provisions of the Land Use Regulations. In summary, we believe that the proposed rezoning complies with all of the review criteria of Section 7-1102. In addition, both the Planning Office and the Planning and Zoning Commission have previously supported the R/MFA zone district as being an appropriate zoning category for the Applicants' property. The only issue appears to be the belief that the submission of a specific development plan is a necessary prerequisite to rezoning. As you know, the City's Land Use Regulations contain no reference to such a requirement. We believe that to require a specific plan for the Applicants' property prior to rezoning represents an arbitrary and unreasonable demand that is neither justified by the Regulations nor supported by any logical argument. The Land Use Regulations clearly provide sufficient safeguards in the review and approval process to ensure that any future development proposal complies with all applicable regula- tions, and that all potential impacts are satisfactorily mitigated. Should you have any questions, or if I can be of any further assistance, please do not hesitate to call. Yours truly, VANN ASNOCIATES Sunny Vann, SV:cwV Attachments c:\bus\city.app\app19592.rez CITY OF ASPEN U PRE -APPLICATION CONFERENCE SUMMARY EXHIBI 1 PROJECT: M��Q, REPRESENTATIVE: APPLICANT'S REPRESENTATIVE'S PHONE: OWNER' S NAME : -4 C__` SUMMARY 1. Type of Application: M/V-N 2. Describe action/type of development being requested: 3. Areas is which Applicant has been requested to respond, types of reports requested: Policy Area/ Referral Agent Comments 4. Review is: (P&Z Only) (CC Only) P&Z then to C 5. Public Hearing: (YES)--,, (NO) 6. Number of copies of the application to be s mitted: 7. What fee was applicant requested to submit. !. Anticipated date of submission.l___�./ r � 9 COMMENTS . UNIQUE CONCERNS: frm.pre_app !-LTA Owner's Policy — Form B-- Amend+:d 10-17-70 rr;Tn WjPr A.$#&AJ�i�`S��J►J�t�.^�t4'�5 �?�:� "�tL P�Cv�4�: �':�►.'�•.�?�C�: �".�: �! �.1�"-�l�t� +�t� 1�t�..'�i t•�' �: �tJ►1�L� s POLICY OF TITLE INSURANCE ISSUED BY STEWAnT 'PI'PLE GUARANTY COMPANY SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS CONTAINED IN SCHEDULE B AND THE PROVISIONS OF THE CONDITIONS AND STIPULATIONS HEREOF, STEWART TITLE GUARANTY COMPANY, a corporation of Galveston, Texas, 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, and costs, attorneys' fees and expenses which the Company may becpme obligated to pay hereunder, sustained or incurred by the insured by reason of: 1. Title to the estate or interest described i\1and ule A being vested otherwise than as stated therein; 2. Any defect in or lien or encumbrance on e; 3. Lack of a right of access to and from the 4. Unmarketability of such title IN WITNESS WHEREOF, Stewart Title Guaranty Company has caused this policy to be signed and sealed by its duly authorized officers as of Date of Policy shown in Schedule A. STEXVA1ZT TITLE GUARANTY COMPANY �CLE,CU Countersigned: Q: Chairman of the Board �7/c Authorized Countersiggr ure President EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy: 1. Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances) restricting or regulating or prohibiting the occupancy, use or enjoyment of the land, or regulating the character, dimensions or location of any improvement now or hereafter erected on the land, or prohibiting a separation in ownership or a reduction in the dimensions or area of the land, or the effect of any violation of any such law, ordinance or governmental regulation. 2. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the public records at Date of Policy. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assurned or agreed to by the insured claimant, (b) not known to the Company and not shown by the public records but known to the insured claimant either at Date of Policy or at the date such claimant acquired an estate or interest insured by this policy and not disclosed in writing by the insured claimant to the Company prior to the date such insured claimant became an insured hereunder; (c) 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 darnage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy. M I Page 1 of + ' Policy Serial No. 0 ALTA OWNEWS POLICY - Amended 10/17/70 SCHEDULE A Order No.: 8942 Policy No.: 0 323184 r Date of Policy: AUGUST 10, 1979 AT 8:00 A.M. Amount of Insurance: $ 100,000.00 1. Name of Insured: PETER MOCKLIN AND MONICA tt . 14.0M, 'T.T.N , AS TO PARCEL A, AND PETER �1nC'h'LI2', Ac TO PA1RC1,LC T; M-M C; 2. The estate or interest in the land described herein and which is covered by this policy is: IN FFE SI;-fPL" 3. The estate or interest referred to herein is at Date of Policy vested in: TIT --TER r!OCI-UJN A14D MONIC.A M . MOMIN , AS TO PARCEL A, AND PETEF MOC&LIPT, AS TO PARCELS B AND C 4. The land referred to in this policy is described as follows: See EXHIBIT A yQE 0012 Page 2 COPY FOR ISSUING OFFICE GUARANTY COMPANY SCHEDULE B Order No. 8942 Policy No.p 323184 This policy does not insure against loss or damage by reason of the following: 1. Rights or claims of parties in possession not shown by the public records. 2. Easements, or claims of easements, not shown by the public records. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct survey and inspection of the premises would disclose and which are not shown by the public records. 4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 5.Taxes for the year 1979 and thereafter, and any special assessment or charges not vet certified to the office of the County Treasurer. 6.The right of the proprietor of a vain or lode to ortract and intersectrtheVe his premisese therefrom, should the same be found to penetrate hereby granted, as provided by law, no reserved in united States Patent recorded December 24, 1902, in Book 35 at page 116. 7.Right of way for electric line across the S�ITt.:k and NT,:!Is , - of Section 7, as granted to James Il. Devereux by Deed recorded January 30, 1887, in Book 29 at page 582. 8.Right of way for gas pipeline conveyed to Rocky Hountai s Company by Ruth C. Bisel recorded August 26, 1968 in Book 236 at page 1 ver the portion of subject property included with in the fo lowing descri Lion: A strip of �. land 10 feet wide, West of and adjoining a 1 Inc described acs follows: Beginning corner of Sec i 7 bears North 66'44' West, 2105.44 at a point whence the West , °"41 eet • thence South 89*20' Ess't, 85. 59 feet , to the True Point of. Beginning; f . thence on a curve to the ri it with a radius of 127 feet, a distance of 15.07 feet; thence SVnth 17*41' Eaht, 344.84 feet: ALSO, from sa 'True point o 02 feet. b ginning, a line running north 47°57' West, a distance of 1roads, ditches . pipelines anti'. utilities and 9.A11 existing roads, highways, raf easements and rights of way therefor. 10.Terms, conditions and obligations as set forth in 4:ater lf.rie Agreement recorded December 5, 1966 in Book 224 at page 220. ll.Terms, conditions and obligations as set forth in Memorandum of Trust Agreement recorded June 5, 1972 in Book 264 at page 145. 12.Deed of Trust from Peter Mocklin and Monica M. Mocklin th Public Trustdated of Pitkin County for the use of The Bank of. Aspen to837 (affects November 15, 1972, recorded November 16, 1972 in Book 268 at page Parcel A). 13.Deed of Trust from Peter Mocklin to the Public Trustee of 2'recorded Pit971County or the use of Ruth C. Bisel to secure $27,000,00 dated June June 7, 1971 in Book 255 at page 755 (affects Parcel A). Anyntimvedseespage 3a) Page (;(TAItA`TY-(;0MPANY 1613 copy r0a ISSUING C! ECLi 1 < California Lana I,nv •• Standard Coverage Policy Form Copyright 1963 Attached to and made a part of Stewart Title Guaranty Company Policy No. p 323184 Order No. 8942 _ Continuation of Schedule B I 14.Any tax, assessment, fees or charges by reason of the inclusion of subject property in Aspen Sanitation District. Aspen Street Improvement District, Aspen Fire Protection District, The City of Aspen and Aspen Valley hospital District. Page In COPY FOR ISSUING OFFICE ~ •1• j; OVA 1z.T rr I T L l: 1514 GUARANTY COMPANY i:XEi i� i T A PARCeI. A: A tract of land situated in the Southwest it of Section 7, 'Township 10 South, Range 84 West of the 6th Principal Meridian, more particularly described as follows: Beginning at a point whence the center '4 corner of Section 7, Township 10 South, Range 84 West of the 6th Principal Meridian, bears N 59°57'54" E 1.042.64 feet; thence S 17011'30" E 1.47.88 feet; thence S 89"20' 00" E? 18L.86 feet; thence S 00°40'20" W 189.89 feet; thence S 89°20'00" H 84.64 feet; tlienc.e S 1.5°31' 27" 11 277.34 feet; lthence N 56'01' 18" W 81..12 feet; thence N 64°49'45" W 103.50 feet; thence N 72°00'00" W 100.03 feet; thence N 79°05'00" W 50.25 feet; thence N 81*37'00" W 1.00.00 feet; thence N 70055'00" W 98.72 feet; thence N 48°00'23" W 100.12 feet; thence N 27051'48" E 404.48 feet to the point of. beginning. PARCEL B : A tract of land situated in the NEB of the SA of Section 7, Township 10 South, Mange 84 West of the 6th Principal Meridian, more fully described as follows: Beginning at a point whence the center Z corner of said Section 7 bears N 45°28'51" h E 948.45 feet; I,l Whence N 00°40'00" E 24.84 feet to a point on the southwesterly right of way of Lone Pine Road; thence along said right of. way 105.56 feet along the arc of a curve to the right liaving a radlue of 256.76 feet and whose chord heard S 27°18'07" E 104.82 feet; Thence S 15031' 27" i' 127.21 feet along said right of way; thence N 89'20'00" W 84.64 feet; thence N 00°40'20" E' 189.89 feet to the point of beginning. PARCEL C : A L meet of hind s1 tui3ted in the Northeast quarter of the Southwest quarter of Sect i.on 7, Township 10 South, Range 84 West of the 6th Principal Meridian, being more fully described individually as follows: Beginning at a point whence the center quarter corner of said Section 7 bears North 38°17'41" East 1302.96 feet; thence North 80°46'20" West 108.10 feet; thence North 70°4941" West 101.63 feet; thence North 50°05'00" West 200.81 feet; thence North 62°17'53" West 69.42 feet; thence South 31°16'00" East 286.20 feet; thence South,66°35'14" East 224.22 feet; thence North 15'00" East 92.00 feet; thence North 43045'00" East 48.50 feet to the point of beginning, i•:XCE•:E'Tl.NG from said Parcel C any portion of said tract of lend located south of Lbe centerline of [c�.Roaring F River, as set forth in Quit Claim Deed recorded June 7 , 1.97 L in Gook 251a at pag 753. AND EXCEPTING TIfERE1�R a public it -of -way for thr.�t portion of a road known as G.ibson Avenue, as ;yet forth in Ouit Claim Deed recorded October 11, 1972 in nook 267 at page 697. All parcels being [.n the County of P[tkin, State of Colorado. EXHIBIT 3 August 12, 1992 HAND DELIVERED Ms. Leslie Lamont Aspen/Pitkin Planning Office 130 South Galena Street Aspen, Colorado 81611 Re: Permission to Represent Dear Ms. Lamont: Please consider this letter authorization for Sunny Vann of Vann Associates, Planning Consultants, to represent us in the processing of our application to rezone our property which is located at 0202 Lone Pine Road in the City of Aspen. Mr. Vann is hereby authorized to act on our behalf with respect to all matters reasonably pertaining to the aforementioned application. Should you have any questions, or if we can be of any further assistance, please do not hesitate to call. Sincerely, r 7 ' Peter Mocklin P.O. Box 807 Aspen, CO 81612 (303) 925-3668 SV:cwv EXHIB ;_ , y 14 • y ! - •.: • v . . "- - - `l .... / ...NOM CP 1447 Z 0 o pn : w UJ 1. _ u, Z Z w0 F- U U - W l a.._................_-_..._ 133 b1S g 0717 H 00 00 7S�^}� •� nncc3 i3•l?D07AON xH J „• 2a_Sa z 8 s ,w O O , • Cc �S r c 1\ ZZZ a 3� N _ g- moo.. Z.. .. oc —0 _f�.�a Q__ w — c� `•`\ \ O W Zj -^ •� A ? 1. b •^ V Z --_--- - n — -- -� �VZ zzO ; $n ov`...._ U..............._ Z -Q yell F'•m0N'�' 8' Zrn Q - ��°,� � •�� o ��� N 8 � Q Z3 y��cd ; CP Z u'n r o[ Z Z w Oo ti._ t- w rT1 m Dti O ! F/'' •! O C7 ` ? G \ LLJ ov 0 w Z � _..b�o Doti 1- O : v:' � ..• /. go R Er $ '® w W w .w U Cie oz!"�Z— s j \ p 8 LLJ S '_, v r. �O OOY - 3 ------------- 1 r.......... ..... _ . , D&ROW ROW-..._-• -o J 00e q>�� O ° 134 Q 77 Q J�'� GG L� C74.nw Z � w'� :1 00Z1� �nZ Z =maycc 0<IDy Ark �(6 1° 3 oot LLJag��^ 0 w ayW��� 1 � �9r3 rT, OS Flom %Iqwv Q ((��� <�`S >'in`a6wi� ^-�z� vUi�Fao .d t .ozh � Ltd p� i"�`. ,.? • :c `�'. BOO G11- N46r:6, V� Y 4 ORDINANCE NO. 26 (Series of 1989) AN ORDINANCE ZONING THE CENTENNIAL/HUNTER CfZ?ER/LONE PINE ANNEXATION AREA GENERALLY LOCATED AT THE BASE OF SMUGGLER AND RED MOUNTAINS TO R-3 0 PUD, R-15A PUD, R-15A, PUBLIC, R/MFA AND R/MFA PUD. WHEREAS, the Centennial/Hunter Creek/Lone Pine area was annexed to the City of Aspen on March 24, 1989; and WHEREAS, the Planning Office held a neighborhood meeting with residents of the Centennial/Hunter Creek/ Lone Pine area to receive input regarding zoning of the area; and WHEREAS, the Planning and Zoning Commission held a duly noticed public hearings on February 21, 1989, to consider zoning of the Lone Pine area and April 25, 1989, to consider zoning of the Centennial/Hunter Creek area; and WHEREAS, the City Council has considered the recommendation of the Planning and Zoning Commission and has determined the proposed zoning to be compatible with surrounding zone districts and land use in the vicinity of the site. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO Section 1 That it does hereby zone the Centennial/Hunter Creek/Lone Pine annexation area as illustrated on the attached map. Section 2 That the Zoning District Map be amended to reflect the zoning described in Section 1 and the Planning Director be authorized and directed to amend the map to reflect the zoning 1 change. eoox 611 P4�L,M Section 3 That the City Clerk is directed upon adoption of this ordinance to record a copy in the office of the Pitkin County Clerk and Recorder. Section 4 If any section, sub -section, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional by and court of competent jurisdiction, such portion shall be deemed a separate, district and independent provision and such holding shall not affect the validity of the remaining portions thereof. Section 5 Nothing in this ordinance shall be construed -to affect any right, duty or liability under any ordinance in effect prior to the effective date of this ordinance, and the same shall be continued and concluded under such prior ordinances. Section 6 A public hearing on the Ordinance shall be held on the /�- day of 1989 at 5:00 P.M. in the City Council ,.% - y Chambers, Aspen City Hall, Aspen, Colorado, fifteen (15) days prior to which hearing notice of the same shall be published once in a newspaper of general circulation within the City of Aspen. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law by the City Council of the City of Aspen on the ��"--eday of 2 n co H o =•� W U W H v � U 2::2: i H r-4 Z � � O r .. 000i G11- Fay,- 60 t. 71 _ R z LL W t W ' cc itr!:l a 1 O g°� "X3.� 'II �'o /l ;1 GG.x., ' "X� � � '�' Sim _.O_•_ % ��A � OH � , Z ' r W p - LL co J •O _ �r 4 r 0Ir W - N- �'�O zz rr r / uj Q J J •� i: .. 4 O :. W OAS - • - •^,. 1 L �t Q V "L —1 (WO < Ste.' - v ! .(_:bap ►— }""� (i `�_.... oor boo• . ZrVc A; i p < v t .fl -• LA DCrC v W D L RGW ROW .•Q J .._..5 ...... .- K < 2 °° y l•t - ` aq o t �{ r-��{ W z z 2 HL 1� oz LA u t r ; I! o s1914 _ �� C rc r • I � D 1989. Ploox 6.11, N,4GE6;.18 William L. Stirling, Mayor_ ATTEST: -/A Kathryn S ! Koch, City Clerk FINALLY, adopted, passed and approved this day of -�- 1989. ATTEST: Kathryn S Koch, City Clerk annex.cen.hc.lp.ord.zon 3 William L. Stirling, May r EXHIBIT 6 TO: Mayor and Council THRU: Robert S. Anderson, Jr., City Manager FROM: Tom Baker, Planning Office W RE: Zoning: Centennial/Hunter Creek/Lone Pine Annexation DATE: May 22, 1989 SUMMARY: The Planning and Zoning Commission recommends that Council zone the Centennial/Hunter Creek/Lone Pine Annexation area as follows: create a new zone district called R-30A which precludes duplex development and zone the Friedberg, Scully and Rowland properties R-30A PUD; zone the area north of the Community Center and east of Red Mountain Road R-15 PUD; zone the Community Center Public; create a new zone district called R/MFA, which has lower FAR's than the R/MF zone district, and zone Lone Pine, the Mountain View condominiums parcel, the Mocklin parcel, Hunter Longhouse, Hunter Creek and the Moran property R/MFA; and zone Centennial R/MFA PUD. For the most part staff agrees with P&Z. However, staff suggests that Council review the recommended zoning for the Moran and Mocklin parcels. Staff finds that the community may best be served if the zoning of these parcels -to R/MFA were done in the _context of_a development plan and until then the appropriate zoni_n for these arcels is R-15A: Additiona y, s a recommends that the area north of —the ommunity Center be zoned R-15A PUD rather than R-15 PUD, this was an oversight on staff's part in our recommendation to P&Z. Finally, if Council finds that Ordinance 21 is acceptable, this ordinance requires all future duplex units to be 50%.deed restricted, then the. need to create a new R-30A may be diminished because the Community has determined that duplex units, based upon Ordinance 21, are desirable. For Councils information staff has included seven (7) attachments. Attachment 1 - Parcel names Attachment 2 - County Zoning Attachment 3 - P&Z Zoning Recommendations Attachment 4 - Staff Zoning Recommendations with Ord. 21 Attachment 5 - Staff Zoning Recommendation without Ord. 21 Attachment 6 - Ordinance Creating the R-30A Zone Attachment 7 - Ordinance Creating the R/MFA Zone Attachment 8 - Ordinance Zoning Centennial/Hunter Creek/Lone Pine PREVIOUS COUNCIL ACTION: There was no previous Council action. This area was annexed by special election on March 24, 1989. BACKGROUND: The Planning and Zoning Commission reviewed the zoning for this area on two separate occasions. In February the P&Z reviewed the Lone Pine annexation area and in April P&Z reviewed the Hunter Creek/Centennial area. This two meeting review was brought about by the citizens petition for annexation which caused the annexation election on March 24, 1989. According to State law, the City must zone annexed areas within a 90 day period after annexation or development can occur without limit. Neighborhood Meetings: The Planning Office held neighborhood meetings on December 21, 1988, for the Lone Pine annexation area, and on April 27, 1989, for the Centennial/Hunter Creek area, in order to determine the goals of the residents. In the December, Lone Pine meeting the majority of the residents who attended were from the Lone Pine multi -family project, however, Mr. Peter Mocklin, a large parcel owner, also attended. The Lone Pine residents who attended seemed to agree that the appropriate zone district for the Lone Pine complex was R/MF. Mr. Mocklin feels his parcel should also be zoned R/MF. At the April, Hunter Creek/Centennial meeting, which was attended by five people, two questions were asked - first, would this zoning effect Centennial or Hunter Creek in any positive or negative way? Staff answered that it was -the City's intention to zone the annexed areas in a manner which made them conforming and did not effect their development potential. Although the. new • R/MFA zone district shows an increase in FAR for the Centennial project it is not staff's intention that Centennial should increase in FAR. This was done only to ensure that Hunter Creek remain conforming. The second question was asked by. Mr. James Moran. Why was staff's recommendation for his parcel R-15A and not a higher zone? The neighborhood has changed significantly because of Centennial and the proposed Mountain View Condominiums. Staff's intention was to zone the Moran parcel in a manner comparable to what the zoning is in the County, which is R-15. The R715A zone allows duplex units but requires 50% to be deed restricted. The County's R-15 zone allows only- single- family dwellings. Given the Community's affordable housing problem staff -finds this appropriate. In terms of the upzoning issue, staff finds that in the absence of a development plan any upzoning will not be in the City's best interest. Guidelines: The City Annexation Element of the Comprehensive Plan outlines guidelines for annexing new areas into the City. These guidelines are as follows: 1. Guideline Generally, an adopted Master Plan for an annexed area 2 2. addressing land use and capital facilities improvements should be a pre -requisite to annexation. Explanatory Comments Most of the areas earmarked for annexation have been Master Planned. The Master Plans establish guidelines for zoning decisions and capital facilities improvements. The Master Plan, in combination with general wishes of property owners and neighbors, should be a basic consideration in the land use decision making process. Guideline Apply zoning to annexed areas the same development rights unincorporated areas. Explanatory Comments which generally maintains within the City as within The general idea behind this guideline is that annexa- tion and subsequent zoning should not create a change in the character of an annexed area. Instead, the City land use regulations should be oriented to maintaining the "character of the neighborhood." 3. Guideline Strive to avoid zoning designations which make conform- ing land uses and structures nonconforming. 4. Guideline The City should generally try to maintain Floor Area Ratios comparable to the County's for annexed proper- ties, unless it is demonstrated during the zoning process that the Floor Area Ratios are unreasonably high or low. County Zoning: The entire annexation area was zoned. R-15 (single-family, 15,000 s.f. lots) except for the Hunter Creek, Mountain View and Centennial parcels which were zoned AR-2 (high density, multi -family). Description: The Centennial/Hunter Creek/Lone Pine Annexation area consists of 61.092 acres and is made up of single-family, multi -family and community service uses. Staff will discuss this annexation area in smaller pieces so that Council can respond to individual areas. Rowland, Friedberg, Scully - This area is in the western 3 portion of the area, (see attachment 1). These lots are over 30,000 s.f. and are single-family in nature. At the P&Z's public meeting, Marc Friedberg requested that P&Z zone this area to exclude duplex units. The P&Z agreed and directed staff to create a new zone called R-30A, which is identical to the R-30 zone, but does not permit duplex units. Since this issue was brought to P&Z prior to the development of Ordinance 21 staff makes the following suggestion. If Ordinance 21 is acceptable to City Council, then we recommend that this area be zoned R-30 PUD. Staff takes this position because the concerns that Marc Friedberg has, likely revolved around bulk and density. Ordinance 21 will require that 50% of all duplex units developed be deed restricted. Affordable housing units are much smaller than free market units, so the bulk concern is eliminated. The density issue is not resolved, but the Community has determined that duplex units which are 50% deed restricted are important to the Community; therefore, the Community need for affordable housing should override the neighborhood concern for density. If Ordinance 21 is not acceptable to Council, then staff recommends R-30A PUD. Oden, Cowee - This area is directly north of the Community Center, (see attachment 1). In December, staff recommended that this area be zoned R-15 PUD and P&Z agreed. The City has consistently taken the position that annexed land which is zoned R-15 in the County should be zoned R-15A in the City. The County's R-15 zone prohibits duplex units. The City's R-15A zone allows duplex units provided that 500 of the units are restricted to affordable housing. Therefore, this policy provides for an increase in the property's development potential and at the same time provides the potential for affordable housing. While the P&Z recommendation is for R-15 PUD, this recommendation is an oversight. Staff recommends R-15A PUD. This is an area which can be effected by Ordinance 21. if Council approves Ordinance 21, then the R-15A gone is unnecessary because the R-15 zone will achieve the same end. Community Center'- Staff and P&Z agree that the Community Center should be zoned Public. Hunter Longhouse, Lone Pine, Hunter Creek, Mountain View, Centennial - These are all multi -family developments which require R/MF zoning. When staff and P&Z compared the buildout potential in the R/MF zone to what existed in these developments it was discovered that the City's existing R/MF zone provided a significant increase in the buildout potential for all of these developments. Due to this analysis, it became clear that the City needed another R/MF zone district which was designed to reduce the density and 4 floor area of large developments and to provide a zone district which matched the buildout potential of the existing developments. The R/MFA zone district was designed to allow the existing developments in the annexed area to be conforming, but not to allow for significant increases in development potential. Therefore, the R/MFA zone district (attachment 6) is identical to the R/MF zone district in all but two areas, multi -family FAR and minimum lot size. The multi -family FAR has been reduced for lots greater than 27,000 s.f. This is to ensure that the existing developments do not have the potential to expand inappropriately. The minimum lot size category has been increased to 27,001 s.f. to ensure that parcels are not subdivided to take advantage of higher FAR's. For Council's review staff has included information about each project. Centennial 17.012 AC. (DEVELOPMENT) 240 D.U. 51 STUDIOS 86 1 BR 83 2BR 20 3BR 177,000 s f floor area .24:1 FAR Hunter Creek 18.4 AC. 295 D.U. 26 STUDIOS 75 1BR 135 2BR 59 3BR 238,000 sf floor area .30:1 FAR Mountain View (Proposed) 1 AC. 8 D.U. Two-family 5 8 3BR 15,010 sf floor area .34:1 FAR Hunter Longhouse 73,511 s.f. 14 1BR 14 2BR 5 2BR (PROPOSED) 20,800 sf floor area .28 FAR Lone Pine 128,371 sf 40 D.U. 4 STUDIOS 14 1BR 22 3BR 44,878 sf floor area .35 FAR The R/MFA zone district makes all of the existing developments conforming and provides some buildout potential for each development. In the case of Centennial, however, the zone district provides for a large increase in buildout potential. This is because of the size of Hunter Creek. In order to make Hunter Creek conforming the FAR. needed to be such that Centennial would be significantly under its potential. The issue of buildout potential'for-Centennial may be a moot point. Centennial was developed in the County as a PUD with an agreed upon square footage limitation of 177,000. Currently, Centennial is within 2000 square feet of this number. Therefore, regardless of the zone district's FAR, Centennial is essentially built out, pursuant to the PUD agreement, unless this agreement is amended by the P&Z and Council. Therefore, P&Z and staff recommend that Hunter Creek, Lone Pine, Hunter Longhouse and Mountain View be zoned R/MFA and that Centennial be zoned R/MFA PUD. Mocklin - The Mockiln parcel (attachment 1) consists of approximately five ( 5 ) acres and contains- an eight ( 8 ) unit 6 multi -family structure. The property is zoned R-15 in the County. Staffs on final recommendation was to zone this area R/MFA because this parcel is surrounded y R7MF type development. Further, to make the parcel conforming, a multi -family zone district would be required. After much thought, staff feels that zoning the parcel R/MFA in the absence of a development plan may not be in the best interests of the Community. If the City zones fne pro e R-15A, the non -con ormi y which existed in the County stays in place in the City. While P&Z recommends R/MFA staff finds that the Community may best be served if the property is zoned R-15A and any rezoning to R/MFA be done in combination with a development plan. If Ordinance 21 is acceptable to Council, then staff recommends this area be zoned R-15. Moran - The Moran parcel is approximately 53,000 s.f. with one single-family dwelling. P&Z finds that this property has been exposed to a significant amount of change, in terms of neighborhood character, and recommends R/MFA. Staff agrees that the neighborhood has undergone significant change, but in the absence of a development plan, staff finds that the most appropriate zone for this parcel is R- 15A. If Ordinance 21 is acceptable to Council, then staff recommends this area be zonedR-15. RECOMMENDATION: The Aspen Planning and Zoning Commission recommends the following zoning for the Centennial/Hunter Creek/Lone Pine Annexation area. Create two (2) new zone districts R/MFA (attachment 6) and R-30A (attachment 5). Zone the area as follows: the Rowland, Friedberg, Scully area R-30A PUD; the Oden, Cowee area R-15 PUD; the Community Center Public; the Hunter Creek, Lone Pine, Hunter Longhouse, Mocklin, Mountain View and Moran parcels R/MFA and the Centennial parcel R/MFA PUD. The Planning Office recommends the following. If Ordinance 21 is acceptable*to Council, then create a new R/MFA zone district and zone the Centennial/Hunter Creek/Lone Pine annexation area as follows: the Rowland, Friedberg, Scully area R-30 PUD; the Oden, Cowee area R-15 PUD; the Community Center Public; the Hunter Creek, Lone Pine, Hunter Longhouse and Mountain View parcels R/MFA, the Centennial parcel R/MFA PUD; and the Mocklin and Moran parcels R-15. If Ordinance 21 is not acceptable to Council, then _create the R- 30A and R/MFA zone districts and zone the Centennial/Hunter Creek/ Lone Pine annexation area as follows: the Rowland, Friedberg, Scully area R-30A PUD; the Oden, Cowee area R-15A PUD; 7 the Community Center Public; the Hunter Creek, Lone Pine, Hunter _Longhouse and Mountain View parcels R/MFA, the Centennial parcel R/MFA PUD; and the Mocklin and Moran parcels R-15A. PROPOSED MOTION:• I move to adopt the Planning and Zoning Commission's recommendation and approve on 1st Reading Ordinance •• No. (Series of 1989) to create the R-30A zone district, Ordinance No. (Series of 1989) to create the R/MFA zone district and Ordinance No.. (Series of 1989) zoning the Centennial/Hunter Creek/Lone Pine Annexation area as follows: the Rowland, Friedberg, Scully area R-30A; the Oden, Cowee area R-15 PUD; the Community Center Public; the Hunter Creek, Lone Pine, Hunter Longhouse, Mocklin, Mountain View and Moran parcels R/MFA and the Centennial parcel R/MFA PUD. I move to approve on 1st Reading Ordinance No. (Series of 1989) to create the R/MFA zone district and Ordinance No. (Series of 1989) zoning the Centennial/Hunter Creek/Lone Pine Annexation area amended to reflect Ordinance 21 being acceptable to the Council. I move to approve on 1st Reading Ordinance No. (Series of 1989) to create the R-30A zone district, Ordinance No. (Series of 1989) to create the R/MFA zone district and Ordinance No. (Series of 1989) zoning the Centennial/Hunter Creek/Lone Pine Annexation area amended to reflect Ordinance 21 not being not being acceptable to the Council. CITY MANAGER RECOMMENDATION: annex.cen.hc.lp.cc E:1