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HomeMy WebLinkAboutcoa.lu.ec.700 Gibson Ave&709 N Spruce St.A076-02 - .- '.....',wi DEVELOPMENT ORDER of the City of Aspen Community Development Department This Development Order, hereinafter "Order", is hereby issued pursuant to Section 26.304.070, "Development Orders", and Section 26.308.010, "Vested Property Rights", of the City of Aspen Municipal Code. This Order allows development of a site specific development plan pursuant to the provisions of the land use approvals, described herein. The effective date of this Order shall also be the initiation date of a three-year vested property right. The vested property right shall expire on the day after the third anniversary of the effective date of this Order, unless a building permit is approved pursuant to Section 26.304.075, or unless an exemption, extension, reinstatement, or a revocation is issued by City Council pursuant to Section 26.308.010. After Expiration of vested property rights, this Order shall remain in full force and effect, excluding any growth management allotments granted pursuant to Section 26.470, but shall be subject to any amendments to the Land Use Code adopted since the effective date of this Order. This Development Order is associated with the property noted below for the site specific development plan as described below. Griffith Property LLC., 709 N. Spruce Street, Aspen, CO 81611 Property Owner's Name, Mailing Address and telephone number Property Commonly known as 700 Gibson Ave. (Parcel ID #2737-073-00-019) Legal Description and Street Address of Subject Property Lot Split Approval to split the parcel into two separate lots. Written Description of the Site Specific Plan and/or Attachment Describing Plan City Council Ordinance No. 37, Series of 2002, 11/11/02 Land Use Approval(s) Received and Dates (Attach Final Ordinances or Resolutions) November 23, 2002 Effective Date of Development Order (Same as date of publication of notice of approval.) November 24, 2005 Expiration Date of Development Order (The extension, reinstatement, exemption from expiration and revocation may be pursued in accordance with Section 26.308.010 of the City of Aspen Municipal Code.) Issued this 23rd day of November, 2002, by the City of Aspen Community Development Director. ~ ie Ann Woods, Community Development Director ........ To: From: Date: .- ....OJ ....... ~ MEMORANDUM Alan Richman, Richman Planning Services James Lindt, Planner~fL November 14, 2002 Re: Griffith Property Lot Split Plat- Community Development Department Comments Please make the following changes to the draft lot split and condominium plat: 1. 2. 3. 4. 5. 6. Amend the plat title as follows: "Griffith Property, LLC Lot Split Subdivision V Exemption and Condominium Plat". Include a purpose statement that says the following: "This plat represents the J Subdivision Exemption Lot Split approval that was granted pursuant to City Council Ordinance No. 37, Series of 2002. This plat also condominiumizes the land within Lot 2, of the Griffith Property, LLC Lot Split". Change City Engineer to Community Development Engineer. -J Show lot sizes of Lot I and Lot 2. 0 Show 20' wide future water servicrs easement that IS to be dedicated as a condition of the lot split approval. -J 7. Include in the surveyor's certificate that the plat was performed with an error of closure better than 1: 1 0,000.-../ Include the width of the Lone Pine Road and Gibson Avenue Right-of-Ways. ! Al property corners of both new lots must be monumented and shown on the plat. J 8. 9. Please obtain all of the applicable signatures with the exception of the Community Development Engineer, Community Development Director, and the Pitkin County Clerk and Recorder prior to submitting two mylar copies of the plat for City Signature and Recordation. - "'"" John Niewoehner, 04:56 P~1I13/2002 -0700, Griffith Lot Split .~ X-Sender: johnn@comdev X-Mailer: QUALCOMM Windows Eudora Pro Version 4.2.2 Date: Wed, 13 Nov 200216:56:55 -0700 To: jamesl@ci.aspen.co.us From: John Niewoehner <johnn@ci.aspen.co.us> Subject: Griffith Lot Split James - - I have only only one comment that perhaps you can add to your memo. * All property corners of both new lots must be monumented and shown on the plat. That is all. - - John John Niewoehner Community Development Engineer City of Aspen 130 S. Galena St. Aspen CO 81611 920-5104 www.aspengov.com Printed for James Lindt <jamesl@ci.aspen.co.us> 1 -, .- , VI II a..... MEMORANDUM TO: Mayor and City Council THRU: Julie Ann Woods, Community Development Director Joyce Ohlson, Deputy Director FROM: James Lindt, Planner '3l,... RE: 700 Gibson Subdivision Exemption Lot Split - 2nd Reading of Ordinance No. 37, Series of 2002- Public Hearing DATE: November 11, 2002 ApPLICANT: Griffith Property, LLC. REPRESENTATIVE: Alan Richman, Richman Planning Services LOCATION: 700 Gibson Ave. ZONING: R-6 (Medium-Density Residential) CURRENT LOT SIZE: 39,620 Square Feet PROPOSED PARCEL SIZES: Lot 1= 13,700 SF Lot 2= 26,363 SF CURRENT LAND USE: Vacant Land (Single-Family Residence demolished in August of 2002) PROPOSED LAND USE: Proposed Lot I-Single-Family Residence Proposed Lot 2- Two Detached Residences SUMMARY: The applicant is requesting a Subdivision Exemption Lot Split for a parcel to create Lots 1 and 2 of the Griffith Property Lot Split located at 700 Gibson Avenue. Photo Above: Existing parcel looking North from Gibson Avenue. Photo Above: Area of proposed access to Lot I of the proposed Lot Split off of Walnut Avenue. - ....... REVIEW PROCEDURE: Pursuant to Section 26.480.040 (Procedures For Review), a development application for a subdivision exemption approval shall be reviewed pursuant to the procedures and standards in this Chapter and the Common Development Review Procedures set forth at Chapter 26.304. Exempt Subdivisions require a public hearing before City Council with its associated public notice. The applicant shall respond to the subdivision exemption lot split review standards pursuant to Section 26.480.050. City Council may approve, approve with conditions, or disapprove an application for a subdivision exemption lot split via an ordinance. STAFF COMMENTS: The applicant, the Griffith Property, LLC, represented by Alan Richman of Richman Planning Services, requests a Subdivision Exemption Lot Split to divide the parce110cated at 700 Gibson A venue into two (2) separate parcels. The parcel is currently located on the corner of Gibson A venue and Lone Pine Road and abuts the Hunter Creek Condominiums to the north. The property is located in the R-6 (Medium Density Residential) Zone District and contains approximately 39,620 square feet. The applicant intends to construct a single-family residence on Lot 1 of the proposed lot split to replace the demolished residence. On Lot 2 of the proposed lot split, the applicant would like to construct two (2) detached residences. The current zoning of the land allows for the construction of two (2) detached single-family residences on Lot 2 because it is proposed to contain over 9,000 square feet of lot area. In addition, both of the proposed lots contain in excess of 6,000 square feet which is the minimum size lot in the R-6 Zone District. Therefore, the proposal would not create any non-conformities. GMQS EXEMPTIONS: The applicant intends to land a Transferable Development Right (TDR) to obtain a development right on Lot 1. The above-mentioned TDR was created in the mid 1980's as part of the approvals for the Smuggler Mobile Home Park. In approving the Smuggler Mobile Home Park, nineteen (19) freely transferable development rights were created that represented exemptions from the Growth Management Quota System. The City Attorney believes that the Transferable Development Right presented and held by the applicant is probably authentic and can be used to obtain a GMQS Exemption for one development right. On Lot 2 of the proposed lot split, the applicant proposes to either build an ADU or pay a cash-in-lieu fee to obtain two (2) GMQS Exemptions to construct the proposed two (2) detached free market residential dwellings pursuant to Land Use Code Section 26.470.070(8). Land Use Code Section 26.470.070(8), Growth Management Quota System Exemptions allows for the applicant to develop a duplex or two residential units on a lot of record, which serves as a replacement for the development rights that exist on the fathering parcel. To obtain the two (2) GMQS Exemptions, the applicant shall provide one of the following affordable housing mitigation options: 2 ...~~,- ~. 1) Provide one (1) free market dwelling unit and one (1) deed restricted, Resident- Occupied (RO) dwelling unit with a minimum floor area of one thousand five hundred (1,500) square feet; or, 2) Provide either two (2) above grade, detached Accessory Dwelling Units of a minimum of three hundred (300) net livable square feet or one (1) Accessory Dwelling unit with a minimum floor area of six hundred (600) net livable square feet pursuant to Chapter 26.520; or, 3) Provide an off-site Affordable Housing Unit within the Aspen Infill Area accepted by the Aspen/Pitkin County Housing Authority and deed restricted in accordance with the Aspen/Pitkin County Housing Authority Guidelines, as amended; or, 4) Provide two (2) deed restricted Resident-Occupied (RO) dwelling units on-site; or, 5) Paying the applicable affordable housing impact fee pursuant to the Aspen/Pitkin County Housing Authority Guidelines, as amended. ISSUES: Access: The applicant is requesting to access the proposed Lot 1 from Walnut Avenue which is located to the east of the existing property. In 1993, a portion of Walnut Avenue was vacated and conveyed to the owner of the Griffith Property in return for conveying a piece of land on the western portion of the property to the City of Aspen for the construction of the Smuggler Area Commuter Sidewalk. Therefore, the subject parcel abuts Walnut Avenue to the west and has legal access to the proposed Lot 1 from Walnut Avenue. Staff is proposing to require the applicant to vacate and completely fill in the curb cut that currently exists off of Gibson Avenue. Lot 2 is proposed to be accessed from Lone Pine Road. The applicant is proposing to use a shared driveway for the two residential units that are proposed on Lot 2. Staff feels that the applicant has appropriately avoided accessing the property from Gibson Avenue, which is clearly the busiest right-of-way that abuts the property. In addition, the City Engineering Department has reviewed the proposed driveway locations and feels that they are positioned appropriately. Neighboring Property Owner Concerns: The applicant has proposed to meet the underlying R-6 Zone District's setback requirements with the proposed residences. Several of the neighbors have expressed concerns that the R- 6 Zone District's front yard setback requirements often (10) feet will allow for the proposed residences to be located too close to Lone Pine Road (please letters attached as Exhibit "E"). The neighbors feel that the residences that could be setback only ten (10) feet from Lone Pine Road would not be compatible with character of the other structures that abut Lone Pine Road because the other structures are setback by more than ten (10) feet. The neighbors have requested that the applicants be required to designate building envelopes or 3 - ...... required setbacks on the plat that are significantly setback from Lone Pine Road prior to gaining lot split approval. The neighbors have noted that almost all of the other structures on Lone Pine Road are setback from the street by approximately thirty (30) feet or more. Staff does not feel that it is appropriate to establish building envelopes or a more stringent setback requirement from Lone Pine Road on either of the proposed lots because there are no lot split review criteria that require the proposal to be compatible with the character of the surrounding structures. Therefore, staff does not believe that it is within our authority to propose a condition of this nature. Furthermore, the property line that abuts Lone Pine Road is approximately eight(8) to ten (10) feet from the edge of pavement. When that ten (10) feet of public right-of-way is combined with the required R-6 Zone District's required front yard setback of ten (10) feet from the property line, a setback of twenty (20) feet from the edge of pavement is established. A twenty (20) foot setback from the edge of pavement is within approximately ten (10) feet of the distance in which the other structures that abut Lone Pine Road are setback from the street. Additionally, because the residential design standards require that the proposed residences be oriented towards the street with the longest block length (Lone Pine Road); staff feels that it would be inappropriate to set the residences much further back than twenty (20) feet from the roadway that they are required to be oriented towards. The majority of the other structures that abut Lone Pine Road are not oriented towards Lone Pine Road. Staff believes that the R-6 Zone District's front yard setback requirement of ten (10) feet is appropriate for the proposed lots. A neighbor has also expressed a concern about the required setback of the proposed residence on Lot #1 from Gibson Avenue. The neighbor expressing this concern felt that the R-6 Zone District's setback requirements allowed for the possibility that the residence to be constructed on Lot # I would impact the intersection of Gibson Avenue and Lone Pine Road and cause safety concerns. The Planning Staff reviewed this specific concern and calculated a vision triangle to determine if the intersection would be impacted by implementing the R -6 Zone District's setbacks on Lot # 1. Staff calculated a vision triangle to determine the intersection's line-of-sight based on the Engineering Department's Interim Design and Construction Standards (please see applicable section attached as Exhibit "F"). Staff concluded from performing this exercise, that the intersection would not be impacted even if the applicant were allowed to build to the lot line of Gibson Avenue. Referral Comments: The Planning Staff has referred the proposed lot split to all of the referral agencies that we thought might have concerns or interest in the proposal. The City Water Department requested that the applicant grant the City a twenty (20) foot wide future services water line easement to straddle the proposed property line that splits the two lots. In exchange for the granting of the aforementioned easement, the City will vacate the right-of-way instrument for pipes and mains that was recorded in 1885 as is described in item No. 10 of the title commitment that is included in the application. This right-of-way instrument basically 4 -- - granted a general undefined services easement over the entire area that was once known as Smuggler Ranch. In addition, the City Engineering Department is requiring that the applicant install curb and gutter along Gibson A venue from the corner of Gibson A venue and Lone Pine Road, where the existing curb ends to the northernmost property line of the proposed Lot 2 (please see map attached as Exhibit D). The Planning Staff believes that the sidewalk, curb, and gutter installation request by the City Engineering Department is appropriate in that the subject parcel is located within the area that has been designated for the installation of sidewalk, curb, and gutter by the City of Aspen's Master Plan for Sidewalk, Curb, and Gutter that was adopted by City Council. The City Engineer's requests are proposed in condition of approval NO.6. Ordinance Amendments for Second Reading Staff was recently made aware that the subject parcel is located within the former "Smuggler Mine Superfund Site" boundaries and may contain soils that are contaminated with mine waste materials with high concentrations oflead and cadium. The Smuggler Mine Superfund Site has been de-listed by the Environmental Protection Agency, but the local institutional controls that were established by City Council Ordinance No. 25, Series of 1994 remain in full effect for excavation and development activities on properties that exist within the boundaries of the original superfund site. Therefore, the City of Aspen Environmental Health Department has requested that any disturbed soils be removed from the site and transported to the Pitkin County Landfill when Lots 1 and 2 of the Griffith Lot Split are developed. The Enviroumental Health Department's concerns have been mitigated by the addition of that last four conditions of approval (conditions numbered 11 thru 14). Therefore, the Planning Staff believes that the proposed conditions will reinforce the mitigation measures needed to guarantee the health and safety of the neighboring residents and on-site workers during the development of Lots I and 2 of the Griffith Property Lot Split. STAFF ANALYSIS SUMMARY: Staff feels that the proposed lot split is consistent with the review criteria as is set forth in Land Use Code Section 26.480.030(A)(2), Lot Splits. Furthermore, staff believes that the proposed conditions are needed to insure the proposal's compliance with the City of Aspen's Master Plan for Sidewalk, Curb, and Gutter installation. In addition, staff believes that the proposed lots will not create any non-conformities in relation to the R-6 Zone District's requirements for minimum lot size. RECOMMENDA nON: Staff recommends City Council approve the proposed Subdivision Exemption Lot Split for Lots I and 2 of the Griffith Lot Split located at 700 Gibson Avenue, City of Aspen, Pitkin County, Colorado with the conditions stated in the ordinance. 5 -- RECOMMENDED MOTION: (ALL MOTIONS ARE PROPOSED IN THE AFFIRMATIVE): "I move to approve Ordinance No. 37, Series 2002 of the Aspen City Council, approving a Subdivision Exemption for a Lot Split to create Lot 1 and Lot 2 of the property to be known and dedicated as the Griffith Property, LLC Lot Split located at 700 Gibson Avenue, City of Aspen, Pitkin County, Colorado with the conditions set forth in the ordinance." CITY MANAGER'S COMMENTS: ATTACHMENTS: EXHIBIT A -- REVIEW CRITERIA & STAFF FINDINGS EXHIBIT B -- REFERRAL COMMENTS EXHIBIT C -- SIDEWALK, CURB, AND GUTTER MAP EXHIBIT D -- CITY COUNCIL ORDINANCE No. 25, SERIES OF 1994- INSTITUTIONAL CONTROLS FOR SMUGGLER MINE SUPERFUND SITE EXHIBIT E -- LETTERS OF CONCERN FROM NEIGHBORS EXHIBIT F -- ENGINEERtNG'S INTERIM DESIGN STANDARDS- SIGHT RESTRICTIONS 6 .....' .--.. ORDINANCE No. 37 (SERIES OF 2002) AN ORDINANCE OF THE ASPEN CITY COUNCIL APPROVING A SUBDIVISION EXEMPTION LOT SPLIT FOR LOTS 1 AND 2 OF THE PROPERTY TO BE KNOWN AND DEDICATED AS THE GRIFFITH PROPERTY LLC LOT SPLIT LOCATED AT 700 GIBSON AVENUE, CITY OF ASPEN, PITKIN COUNTY, COLORADO. Parcel ID: 2737-073-00-019 WHEREAS, the Community Development Department received an application from the Griffith Property LLC, applicant, represented by Alan Richman of Richman Planning Services for a Subdivision Exemption Lot Split of a metes and bounds parcel to be known as Lot 1 and Lot 2 of the Griffith Property Lot Split located at 700 Gibson Avenue, City of Aspen, Pitkin County; and WHEREAS, pursuant to Sections 26.480.040(8), the Aspen City Council, in accordance with the procedures, standards, and limitations of this Chapter, shall by ordinance approve, approve with conditions, or disapprove a development application for a Subdivision Exemption Lot Split, after recommendation by the Community Development Department, pursuant to Section 26.480.040(8); and, WHEREAS, the Community Development Department reviewed the application for a Subdivision Exemption Lot Split for the property to be described as Lots 1 and 2 of the Griffith Property LLC Lot Split located at 700 Gibson Avenue, City of Aspen, Pitkin County, Colorado and recommended approval; and, WHEREAS, the Fire Marshall, Aspen Consolidated Sanitation District, the City Water Department, the City Engineering Department, the City Parks Department, the City Electric Department, and Holy Cross Electric have reviewed the application and provided referral comments; and, WHEREAS, the Aspen City Council has reviewed and considered the development proposal under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered the recommendation of the Community Development Director, the applicable referral agencies, and has taken and considered public comment at a public hearing; and, WHEREAS, the City Council finds that the development proposal meets or exceeds all applicable development standards and that the approval of the development proposal, with conditions, is consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS, the City Council finds that this Ordinance furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT ORDAINED BY THE ASPEN CITY COUNCIL AS FOLLOWS: Section 1 Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the Subdivision Exemption Lot Split for Lots I and 2 of the property to be known and described as ~, ..-'", Lots I and 2 of the Griffith Property LLC Lot Split located at 700 Gibson A venue, City of Aspen, Pitkin County, is approved with the following conditions: 1. The applicant shall submit and record a subdivision exemption plat which meets the terms of Chapter 26.480, and conforms to the requirements of the Land Use Code, in the office of the Pitkin County Clerk and Recorder no later than 180 days after approval of this ordinance. The plat shall also include the lot sizes of both Lot 1 and Lot 2, of the Griffith Property, LLC Lot Split. Furthermore, the proposed Lot Split Plat shall clearly label the proposed lot line that separates Lot 1 from Lot 2 and show all easements of record. 2. The applicant shall submit and record a subdivision exemption agreement which meets the terms of Chapter 26.480.030, and conforms to the requirements of the Land Use Code, in the office of the Pitkin County Clerk and Recorder no later than 180 days after approval of this ordinance. 3. The Lot Split Plat shall exhibit two lots in conformance with the R-6 Zone District and shall include the following plat notes: a. Upon redevelopment, all structures on these two lots shall comply with the R -6 Zone District provisions. b. The developer of Lot 2 shall be deemed exempt from GMQS to develop one or two detached residential units or a duplex by complying with the standards of Section 26.470.070(8), as amended from time to time. c. The developer of Lot 1 shall be exempt from the Growth Management Quota System by virtue of extinguishing a Transferable Development Right that is acceptable to the City Attorney. d. No further subdivision may be granted for these lots nor will any additional units be built without receipt of applicable approvals. 4. 80th lots shall comply with the applicable development regulations prior to applying for building permits, including those regulations related to Residential Design Standards, Accessory Dwelling Units, and GMQS Exemptions. 5. The applicant shall obtain a tree removal permit prior to removing any trees from the site in which a tree removal permit is required pursuant to Section 11 of the City of Aspen Municipal Code. Any tree to remain on-site during the development of Lots I and 2 shall have it's drip line fenced off prior to, and throughout construction. ,.. - 6. The applicant shall install curb and gutter to link the existing curb and gutter along Lone Pine Road with the existing curb and gutter on the corner of Gibson Avenue and Lone Pine Road (see Exhibit "D" for map) prior to requesting final building inspections for any of the dwelling units on the subject parcels. In addition, a sidewalk that meets the City Engineer's standards shall be installed along Lone Pine Road from the end of the existing sidewalk on the corner of Gibson Avenue to the northernmost property line of Lot 2 (see Exhibit D for map) prior to requesting final building inspections for any of the dwelling units on the subject parcels. The applicant shall also sign a curb, gutter, and sidewalk agreement prior to recording the lot split plat. Furthermore, the applicant shall vacate and fill in the curb cut that exists on Gibson Avenue to the satisfaction of the City Engineer. 7. The applicant shall install a fire sprinkler system that meets the requirements of the Fire Marshall in any of the proposed residences that exceed 5,000 square feet in size. 8. The applicant shall grant a twenty (20) foot wide easement for future water service to the City of Aspen in exchange for the City vacating the Right-of- Way Easement for Pipes and Mains that is recorded at the Pitkin County Clerk and Recorders Office in Book 24 at Page 59. The future water service easement shall straddle the proposed property line that splits Lot 1 from Lot 2 of the Griffith Property, LLC Lot Split. The future water service easement shall be shown on the final lot split plat. 9. Vehicular access to Lots 1 and 2 shall meet the Fire Marshall's requirements. 10. The applicant shall comply with the Aspen Sanitation District's rules and regulations. No clear water connections (roof, foundation, perimeter drains) shall be allowed. All sanitation-related improvements below grade shall require the use of a pumping station. 11. The applicant shall comply with Ordinance No. 25, Series of 1994 regarding the handling of any contaminated soils within the former Smuggler Superfund Site prior to any excavation on and/or prior to the application for building permits on both lots. All contaminated soils that are removed from the site shall be transported to the Pitkin County Landfill and disposed of at the Smuggler repository. All soils on Lots 1 and 2 shall be considered contaminated unless determined otherwise through testing that adheres to the protocols that were established by the Environmental Protection Agency pursuant to Ordinance No. 25, Series of 1994. Any disturbed soil or material that is to be temporarily stored above ground or remain on site shall be securely contained on and covered with a non-permeable tarp or other protected barrier approved by the Environmental Health Department so as to prevent leaching of contaminated material onto or into the surface soil and to prevent windblown dust from disturbed dirt. ." 12. The applicant shall submit a dust suppression plan for approval by the City Environmental Health Department prior to any activity or development occurring on the site. All activity or development shall be accompanied by dust suppression measures such as the application of water or other soil surfactant to minimize the creation and release of dust and other particulates into the air. No dirt may be tracked onto paved roads without being immediately removed. 13. The owner and general contractor of any development on Lots 1 and 2 of the Griffith Property Lot Split shall submit a letter to the City of Aspen Environmental Health Department stating that they have read, understood, and will comply with the regulations for handling contaminated soils within the former Smuggler Superfund Site as set forth in Ordinance No. 25, Series of 1994 prior to any excavation and/or issuance of building permits for the property. 14. The owner shall complete the Soil Removal Permit and Affidavit for excavation prior to any excavation or disturbance of dirt and prior to any issuance of building permits for the properties. Section 2: Upon application for building permit for Lot I, the applicant shall provide to the City Zoning Officer a recorded document that describes the referenced Transferable Development Right, owned by the applicant and identified in the Pitkin County records as reception no. 464389, as extinguished and void. Extinguishment of said TDR shall fully exempt the development of one single-family residence from the requirements of growth management, including those related to affordable housing or cash-in-lieu thereof. Section 3: All material representations and commitments made by the applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the City Council, are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Section 4: This Ordinance shall not effect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 5: If any section, subsection, sentence, clause, phrase, or portion of this ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. r' -., INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council ofthe City of Aspen on this 28th day of October, 2002. Attest: Helen Kalin Klanderud, Mayor Kathryn S. Koch, City Clerk FINALLY, adopted, passed and approved this 11th day of November, 2002. Attest: Helen Kalin Klanderud, Mayor Kathryn S. Koch, City Clerk Approved as to form: John Worcester, City Attorney ,.. - EXHIBIT A SUBDIVISION EXEMPTION LOT SPLIT REVIEW CRITERIA & STAFF FINDINGS The split of a lot for the purpose of the development of one detached single-family dwelling on a lot formed by a lot split granted subsequent to November 14, 1977, where all of the following criteria are met: a. The land is not located in a subdivision approved by either the Pitkin County Board of County Commissioners or the City Council, or the land is described as a metes and bounds parcel which has not been subdivided after the adoption of subdivision regulations by the City of Aspen on March 24, 1969. Staff Finding The subject parcel (Lots 1 and 2) of a property to be known and dedicated as the Griffith Property LLC Lot Split is not located in a subdivision approved by the Pitkin County Board of County Commissioners or the Aspen City Council and the parcel has not been subdivided after the adoption of subdivision regulations by the City of Aspen on March 24, 1969. The parcel is a metes and bounds parcel and has not been previously subdivided. Staff finds this criterion to be met. b. No more than two (2) lots are created by the lot split, both lots conform to the requirements of the underlying zone district. Any lot for which development is proposed will mitigate for affordable housing pursuant to Section 26.1 00.OSO(A)(2)( c). Staff Finding There will be no more than two lots created by this lot split, Lots 1 and 2 of the Griffith Property LLC Lot Split. Both of the proposed lots are currently vacant and contain at least 6,000 square feet as is required as the minimum lot size by the R-6 (Medium-Density Residential) Zone District. Because both of the proposed lots are vacant, approving a lot split will not create any non-conformity in regards to the allowed dimensional requirements. The applicant proposes to develop both lots; Lot 1 will contain a single-family residence and Lot 2 will contain two detached residential dwelling units. At the time that the two detached dwelling units are proposed to be constructed, the applicant shall be required to obtain two (2) GMQS Exemptions by either proving an ADU of at least six hundred (600) square feet, providing two (2) ADUs of at least 300 square feet, by deed restricting one of the residential dwellings as a resident-occupied unit, or by paying the affordable housing impact fee pursuant to the housing guidelines. On Lot 1, the applicant proposes to land a TDR to construct the proposed single-family residence. The TDR was created as part of the development of the Smuggler Mobile Home Park. The City Attorney has reviewed the TDR and believes that it is valid. Therefore, a 7 ... ......, GMQS exemption is not required to develop Lot 1 with a single-family residence. Staff finds this criterion to be met. c. The lot under consideration, or any part thereof, was not previously the subject of a subdivision exemption under the provisions of this Chapter or a "lot split" exemption pursuant to Section 26.470.040 (C)(I)(a). Staff Finding Staff finds that the subject lot has not previously been subject to a subdivision exemption or lot split. Staff finds this criterion to be met. d. A subdivision plat which meets the terms of this Chapter, and conforms to the requirements of this Title, is submitted and recorded in the office of the Pitkin County Clerk and Recorder after approval, indicating that no further subdivision may be granted for these lots nor will additional units be built without receipt of applicable approvals pursuant to this Chapter and growth management allocation pursuant to Chapter 26.470. Staff Finding No further subdivision will be granted for Lots 1 and 2 and no additional units will be built without receipt of applicable approvals pursuant to this Chapter and growth management allocation pursuant to Chapter 26.4 70. The required subdivision plat with a note allowing no further subdivision of the newly created lots, as approved by City Council will be submitted by the applicant and recorded in the office of the Pitkin County Clerk and Recorder. Staff finds this criterion to be met. e. The subdivision exemption agreement and plat shall be recorded in the office of the Pitkin County Clerk and Recorder. Failure on the part of the applicant to record the plat within one hundred eighty (180) days following approval by the City Council shall render the plat invalid and reconsideration of the plat by the City Council will be required for a showing of good cause. Staff Finding The applicant shall record the required subdivision exemption plat and agreement within one hundred and eighty (180) days of approval by the City Council. In addition, the applicant shall submit a letter to the City Environmental Health Department that indicates that Ordinance No. 25, Series of 1994 regarding the removal and disturbance of soils containing mine waste material has been read by the owner and contractor developing the site and will be complied with. Staff finds this criterion to be met. f. In the case where an existing single-family dwelling occupies a site which is eligible for a lot split, the dwelling need not be demolished prior to application for a lot split. 8 ,"'" Staff Finding No single-family residence exists on the property currently. The single-family residence that existed on the site has already been demolished. However, the residence that previously existed did not cross the proposed property line. Therefore, Staff does not believe that the residence that was demolished was done so for the purpose of completing the proposed lot split. Staff finds this criterion to be met. g. Maximum potential buildout for the two (2) parcels created by a lot split shall not exceed three (3) units, which may be composed of a duplex and a single- family home. Staff Finding Upon approval of this Subdivision Exemption Lot Split, the applicant proposes to construct a single-family dwelling on Lot I and two detached dwelling units on Lot 2 which will result in the maximum allowable build-out potential for the two lots. Based on a Land Use Code interpretation approved by the Community Development Director in 1998, two detached residential dwelling units may be developed on one lot and an additional single- family dwelling unit may be developed on another lot that is created through a lot split if the underlying zone district allows for two detached dwelling units as a permitted use. Therefore, the applicant is not limited to developing a duplex and a single-family residence as is implied by the criterion. Staff finds this criterion to be met. 9 - Exh,'~,'t \\.0 II ORDINANCE (Series NO. 25" of 1994) AN ORDINANCE AMENDING ARTICLE V OF CHAPTER 7 OF THE ASPEN MUNICI- PAL CODE OF THE CITY OF ASPEN, COLORADO, RELATING TO THE MUNICI- PAL BUILDING CODE BY ADDING REGULATIONS AND PERMITTING PROCEDURES FOR EXCAVATIONS AND DEVELOPMENT IN THE SMUGGLER MOUNTAIN SUPER- FUND SITE. WHEREAS, the united States Environmental Protection Agency ("EPA") has identified and designated an area within the munici- pal limits of the City of Aspen known as the Smuggler Mountain superfund site ("Site") as being contaminated with mining wastes containing high concentrations of lead and cadmium and has consequently placed such site on the EPA's National Priorities List for cleanup and remediation under the Comprehensive Environmental Response, compensation, and Liability Act, 42 \ U.S.C. section 9601, et sea.; and WHEREAS, the currently defined Smuggler Mountain Superfund site is approximately ninety (90) percent developed as a residen- tial area and includes two large condominium complexes, several. smaller condominium developments and approximately 160 individual homes; and WHEREAS, the EPA has determined that the concentrations of lead and cadmium on the site pose a potential health risk to humans, especially small children and pregnant women; and WHEREAS, on or about June 2S, 1985, the Environmental Protection Agency issued an Administrative Order, Docket No. CERCLA VIII-8S-0S, pursuant to the Comprehensive Environmental Response, Compensation and Liability Act of 1980, directing that -- ., certain parties and persons refrain and be prohibited from moving, treating, sampling, or disturbing any soil in excess of one cubic yard within the site absent advance notice to and permission of the EPA, and further requiring such persons to provide information identifying the nature of the material to be moved or disturbed, the plans for handling, storing or removing such materials, and any proposed or planned storage site for samei and WHEREAS, in order to implement and ensure compliance with its Administrative Order Docket No. CERCLA VIII-8S-0S, the EPA has become involved in the review, issuance and monitoring of excavation and building permits for routine construction activi- ties within the site associated with home construction and remodelingi and WHEREAS, the review and issuance of excavation and building permits for construction activities within the site can be and should be administered cooperatively between the city of Aspen and EPA at the local level given adequate and appropriate stan- dards and regulations applicable theretoi and WHEREAS, the EPA has advised the city that the demand upon its personnel and resources in the review and issuance of local excavat.ion and building permits is burdensome, results in ineffi- ciencies and time delays, and is unnecessary in the face of the City's willingness and expertise to undertake the permitting process at the local leveli and 2 -- - 3 ,-.._~,~" ",^.,>~'"''''''~''"''''''''''---' ...... That the Municipal code of the City of Aspen, Colorado, is hereby amended by adding new Section 7-143, "SPECIAL REGULATIONS _ SMUGGLER MOUNTAIN SUPERFUND SITE", to Article V of Chapter 7, which section shall read as follows: SECTION 7-143. SPECIAL REGULATIONS - SMUGGLER MOUNTAIN SUPERFt:""ND SITE. (1) APPLICABILITY. (a) These regulations shall apply to and govern any development or other activity which may cause or contribute to the movement or disturbance of con- taminated soil or other solid waste within the boundaries of the smuggler Mountain Superfund site as those boundaries are identified and designated by the united States Environmental Protection Agency. An official map prepared by the Environ- mental Protection Agency depicting the current boundaries of the site shall be maintained in the office of the Chief Building Inspector for the City' of Aspen. Additional maps of the site shall be maintained in the offices of the city Clerk, city Engineer, the Aspen/Pitkin Planning Office and the Aspen/pitkin Environmental Health Depart- ment. All maps shall be available to the public during regular business hours. (b) The standards and regulations as contained in this section may be amended from time to time so as to address changes at the site and/or the federal laws and regulations applicable thereto. . (c) Nothing contained in this section is intended or shall be construed to supersede or limit the legal power and authority vested in the Environmental Protection Agency under the Comprehensive Environ- mental Response, Compensation, and Liability Act, 42 U.S.C. section 9601, et sea., or any other Federal law, rule or regulation. (2) DEFINITIONS. As used in this Section, the following te=ms shall have the meaning specified unless the context requires otherwise: (a) "Activity" means any action occurring on, above or below the surface of the ground within the boun- 4 ~ -- daries of the a disturbance the site. site which results or may result in of one (1) cubic yard of soil within (b) "CERCLA" means the Comprehensive Environmental Response, Compensation, and Liability Act, 42 U.S.C. section 9601, et seq., as amended. (c) "contaminated soil or material" means soil or material containing lead concentrations of 1000 parts per million (ppm) or greater. (d) "Development" means any construction or man-made change in the use or character of land including, but not limited to, building, grading, excavating, digging, paving, drilling, planting or landscap- ing. (e) "Director" means the Chief Building Inspector of the Aspen/Pitkin Regional Building Department. (f) "EPA" means the united states Environmental Pro- tection Agency. (g) "Hard surface cover" means a non-permeable or semi-permeable barrier overlaying the ground sur- face such as paving, asphalt, concrete, stone or wood, and including buildings and other permanent structures. (h) "Person" means an individual, partnership, cor- poration, association, company, landowner, tenant, occupant, contractor, subcontractor or any public body or political subdivision. (i) "site" means those areas within the City of Aspen that are within the boundaries of the Smuggler Mountain Superfund site as designated by the Unit- ed states Environmental Protection Agency (EPA) pursuant to the Comprehensive Environmental Re- sponse, Compensation, and Liability Act, 42 U.S.C. Section 9601, et seq., as amended, and as depicted on the official map maintained by the Aspen/Pitkin Regional Building Department and signed by an official of the EPA. (j) "Solid waste" means contaminated soil or other material disturbed as the result of excavation or construction within the site. 5 - -- (k) "Vegetative cover" means plant life, including but not limited to grass, trees, shrubs, vines and sod, planted or installed in such a manner so as to prevent or minimize the exposure of ground soil. 13) PROHIBITED ACTIVITY -- EXCEPTION FOR UNITED STATES GOVERNMENT. No person shall undertake or conduct or cause to undertake or conduct any activity or develop- ment within the site without first complying with the procedures and performance standards as provided in this section, except that, in accordance with section 9621(e) of Title 42 of the united states Code, nothing contained in this section shall require or be construed to require the obtaining of a permit by any agency, employee or contractor of the united states for activi- ties conducted entirely within the smuggler Mountain Superfund site carried out in compliance with the provisions of the Comprehensive Environmental Response, Compensation, and Liability Act, 42 U.S.C. section 9601, et gg. (4) PERMITS REQUIRED. No person shall undertake or conduct any activities or development within the site involving the excavation or exposure of more than one (1) cubic yard of soil without first Obtaining a permit from the Director. Activities or development involving excava- tion of less than one (1) cubic yard of soil shall not require a permit, but shall be subject to the require- ments as set forth in subsection (6) 'of this section 7- 143. (5) PERMIT PROCEDURES. (a) Application. All permits shall be applied for on forms provided by the Director. A fee shall be assessed in accordance with the building permit fee schedule as adopted in Chapter 7 of the Munic- ipal Code. Each applicant for a permit shall, at a minimum, provide the following information: (i) The location and nature of the proposed ac- tivity or development. (ii) The depth of any proposed excavation and volume of soil or material to be excavated or disturbed. (iii) The dimensions of all surface areas to be disturbed. 6 -'"' ---...". (iv) The volume of soil or other material to be backfilled on site. (v) The volume of soil or other material proposed to be disposed of off the excavation site. (vi) The identification of any facility outside the site to which contaminated soil or other solid waste are to be transported for storage or disposal. (vii) The duration of any exposure of soil or mate- rial excavated. (viii) The applicant's plans for identification and segregation of clean fill or material from contaminated soil and material during the period of activity or development. (ix) The applicant's plans for backfilling con- taminated soil or material. (x) The applicant's plans for insuring compliance with the performance standards as set forth in subsection (6) of this section 7-143. (,,' (xi) Such additional information as determined by the Director or the Aspen/Pitkin .Environmen- tal Health Department to be reasonable and necessary to evaluate the safety and appropriateness of the proposed activity or development. (b) No permit shall be issued without it first having been reviewed and approved by the Aspen/Pitkin Environmental Health Department utilizing the performance standards as set forth in subsection (6) below. (6) PERFORMANCE STANDARDS. The following performance standards shall be adhered to and applied to all activ- ity or development within the site. (a) Excavation and construction. Any disturbed soil or material that is to be stored above ground shall be securely contained on and covered with a durable non-permeable tarp or other protective barrier approved by the Aspen/Pitkin Environmental Health Department so as to prevent the leaching of contaminated material onto or into the surface 7 --'~, ',......... soil. Disturbed soil or material need not be re- moved if the Aspen/Pitkin Environmental Health Department finds that: (1) the excavated material contains less than 1,000 parts per million (ppm) of total lead, or (2) that there exists a satis- factory method of disposal at the excavation site. Disturbed soil and solid waste may be disposed of outside of the site upon acceptance of the materi- al at a duly licensed and authorized receiving facility. (b) Non-removal of contaminated material. No contami- nated soil or solid waste shall be removed, placed, stored, transported or disposed of outside the boundaries of the site without having first obtained any and all necessary state and/or feder- al transportation and disposal permits. (c) Dust suppression. All activity or development shall be accompanied by dust suppression measures such as the application of water or other soil surfactant to minimize the creation and release of dust and other particulates into the air. The Aspen/Pitkin Environmental Health Department may require air monitoring to insure the effectiveness of dust suppression measures. (d) vegetable and flower gardening or cultivation. No vegetables or flowers shall be planted or culti- vated within the boundaries of the site except in garden beds consisting of not less than twelve (12) inches of soil containing no more than 999 parts per million (ppm) lead. (e) Landscaping. The planting of trees and shrubs and the creation or installation of landscaping fea- tures requiring the dislocation or disturbance of more than one (1) cubic yard of soil shall require a permit as provided in section 7-143(4) above. (7) SOILS TESTING. The Director or the Aspen/Pitkin Envi- ronmental Health Department may require any person undertaking to conduct activity or development within the site to test any soil or material to establish its total lead (Pb) content for purposes of determining the application of any of the provisions of this section 7- 143. All testing shall utilize and adhere to protocols established or approved by the united states Environ- mental Protection Agency. 8 r " (8) INSPECTION AND MAINTENANCE. In addition to all other requirements as set forth in this section 7-143, the following additional requirements shall apply to the use and maintenance of all lands within the Site, including but not limited to lawns, play areas and parking lots. (a) All areas within the Site shall be subject to inspection by the Aspen/Pitkin Environmental Health Department in order to enforce the provi- sions of this Section 7-143. Inspections shall be done with the consent of the property owner or occupant. If consent is denied, inspection shall be obtained pursuant to court order. (b) All areas within the site shall be maintained with a permanent vegetative or hard surface cover. Except as allowed pursuant to a duly obtained permit issued under this section, no person shall alter any part of a permanent vegetative or hard surface cover absent prior notice to the Aspen/ Pitkin Environmental Health Department. (c) All areas within the site shall be maintained in a manner to minimize erosion, including adequate provision for drainage and surface water run-off so as to prevent the formation of standing pools, ditches or gullies. (d) No new outdoor playing field, playground, or other recreational area shall be established or con- structed within the site, nor shall existing play- ing fields, playgrounds or recreational areas be expanded, without the prior review and approval of the Director and the Aspen/Pitkin Environmental Health Department. (9) APPEALS. Any person adversely affect.ed or aggrieved by a decision of the Director or the Aspen/pitkin Environ- mental Health Department made pursuant to this section 7-143 may appeal such decision to the Board of Appeals and Examiners pursuant to the procedures as set forth in Division 2 of Article II of Chapter 7 of the Muni- cipal Code. Section 2 The city Clerk is directed to file and have recorded a true and accurate copy of this ordinance, along with a true copy of 9 '" ....... the official map depicting the boundaries of the Smuggler Mountain Superfund Site, in the office of the Pitkin County Clerk and Recorder. section 3 This ordinance shall be effective five (5) days fOllowing the date of the filing of an approved consent decree by the Court in the case entitled united States of America v. Smuqqler Durant Mininq Corporation. et al., 89-C-1802 (u.S. District Court for the District of Colorado). section 4 This ordinance shall not have any effect on existing litiga- tion and shall not operate as an abatement of any action or proceeding now p~nding under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be construed and concluded under such prior ordinances. section 5 If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. lO ,....... " section 6 A PUblF on the ordinance shall be held on the ;3 day of , 1994, in the city council Chambers, Aspen City Hall, Aspen, Colorado. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law by the City Council of the city of Aspen on the d? day of ~ , 1994. ~~{~ Joh S. Bennett, Mayor ?F;ted' passed and approved this //'4-C day of , 1994. ~h:/!~ John 1,1 -. 11-&5-&2 15:17 HUNTER C :K PROPERTIES tNC --. ID= J 92& 4935 P&t/&t ExtIJ)/f \[/1 ~ November 5, 2002 RE: 700 Gibson A venue Subdivision Exemption for a Lot Split To: Mayor K1anderud Aspen City Council James Lindt, Planner - Community Development Planning Officials Dear Officials, There have been several Hunter Creek Home Owners who have exprcssed concern regarding the proposed 101 split. II is !heir desire to See a designation of a building envelope on Ihe exemption plat. This envelope should consider a Lone Pine Road sel back similar to !he existing buildings along Lone Pine Road, such as building 900 of the Hunter Creek Condominiums, which is adjacenlto !he parcel. Be advised, !he property is oriented primarily on Lone Pine Road, not Gibson A venue. Lone Pine is a unique streel wiIh its own special character. All of the existing structures on this street. from one end to the other, are set back subslantially from the road, thus fonning a desirable visla. We propose a resubmission of the application showing individual building envelopes incorporating a street setback similar to the nearby buildings. Otherwise !he proposed buildings have the potential to be set too close to the road, which would compromise the openness of Lone Pine Road with its vistas. Thank you for your consideration in this maller. Sincerely, /k?Cl 1 Mwrfr- Lisa Thurston Hunler Creek Properties, Inc. Hunter Creel< . 1400 Vine Street . Aspen, Colorado 81611 . 970/925.1060 Nov 05 02 07:53p ,.....11 Wiener 970 925-5390 p.l Nov. 5, 2002 Re: 700 Gibson Avenue Subdivision Exemption For Lot Split Dear, James Lindt On the above, I wear three hats. 1) I own the house at 701 Gibson St. across the street. 2) I own two condominiums in the Hunter Creek complex. The one on the South side of building 9 looks directly at the lot. 3) I am a graduate of the Cornell School of Architecture I City Planning, so I want to see our city make the best choices. 1 As the owner of the Gibson St. house to the South, my major concern is that I do not know what the set back from Gibson will be, as there was no information given in the proposal as to setback or building envelope. How can anyone make an informed decision as to personal or civic impact without such information? ~ As the owner of Hunter Creek Condo #942, I always knew that something would be built on that lot. However, the location (side & front setback), and height are interrelated as to impact. As there is no information as to building envelope or setback shown, how can I make an informed decision as to impact and how to mitigate it? 11 As an Architect I Planner I am appalled that there is nothing in the submission that addresses protecting the neighborhood character. Lone Pine is a special place. The existing buildings are set back from the street creating a street character of openness. Because the proposed lot #1 may front on Walnut St., then Lone Pine may become the rear line with a 10-foot setback. Lot #2 fronting on Lone Pine would also have a 10 foot setback from the street. Both of these allowed setbacks are unacceptable, because the new structures could be built much closer to the street than the buildings that now exist, thus destroying the neighborhood character. Additionally, because of the narrow side yard setback (lot #2) the new structures could create a scale problem by visually crowding the large Hunter Creek Complex and adversely impacting the existing path to the bus. 1 Nov 05 02 07:53p JiM,II Wiener 970 925-5390 p.2 Solutions The City Council should require that to maintain the existing street character and safety that: a) The established physical setback from Lone Pine be maintained, i.e. that none of the new buildings be any closer to Lone Pine than the existing adjoining Hunter Creek Condo. b) Lot #2 side setback is at least 30 feet from the adjoining Hunter Creek Condo property line to maintain scale and character. Note: A great many people who ride the bus use this passage. c) The new structure on lot #1 be located on the North half of the lot in order to maintain character and not visually impact the intersection, thus reduce traffic accidents (buses & pedestrians). All of the above can be presented on a revised plat using either setback lines or building envelopes. Hunter Creek Buildings 9 &10 should be shown in order to access mutual impact to character. Note: When the seven lots were laid out on the Mockland property across the street, building envelopes were required. If this was done on one side of the street, then it should be done on the other. How can an elected official, an administrator, or a neighbor assess the potential impact without setbacks andl or building envelopes being known (shown)? Once we have a drawing that indicates what is about to happen and how it impacts others, then we can address refinements if necessary. Final note: To comply with the above would create no hardship on the developers. This is a win I win. Sincerely, Bill Wiener, Jr. .................................................................................................................. .................................................................................................................. Phone: 925-5390 - Cell: 948-8255 - Emai1: bill_wiener@hotmail.com 2 \\p _____0_.._..__.________._.___________.._..________.__.--------.-------..-.--------.--..--.-..---- STREET wAw CURB LINE orEDGE OF PAVEMEN B I.. A ..I ..-..-..-..-.-----..-..-..- PROPERTY LINE VISION TRIANGLE or LINE OF SIGHT 8: 00 8: ~ W ~ I}= 00 SIGHT RESTRICTIONS No physical object(s) may be placed in the highlighted area which has a height of 30 inches or more or to be allowed grow to exceed 30 inches. The triangle dimensions are measured from the intersection of the property lines as shown in the detail above. STREET "8" ~~ .... .... 1'0< .... UJ 1'0< ~~ ~ 1'0< .... a.. ~Q 0.... ~ 1'0< >- ~.. .... ....'" ~ I- '" .... 1'0<" '" I- .. ~;$ ~ .... UJ o~ ;$ 0 '" UJ . .... .... ....u .... .. 0::: -'" Z "'~ u ~ "';;J 1'0< ..1'0< I- S~ s i:J~ 1'0< (/) .. 1'0< '" .. ~ .. .... ~ 00 0 ...: ., ..u u STREET "A" A (FEET) STREET TYPE B (FEET) 20 ALLEYS; COMMERCIAL or INDUSTRIAL DR. 15 30 40 60 100 30 RESIDENTIAL STREET 15 30 40 60 100 45 LOCAL STREET or COMMERCIAL STREET 15 30 40 60 100 60 COLLECTOR STREET 15 30 40 60 100 100 ARTERIAL STREET 15 30 40 60 100 ENGINEERING DEPARTMENT MINIMUM VISION _ DRAWING NO. CITY OF ASPEN, COLORADO TRIANGLE DIMENSIONS ENG-610 '-(5'!f1J1yvl e- ~~ <"2.., ! , '/lAl,,-VeV C ~"e?-<f-I< _ ,~+:t~L<?,~~+e v'~-- s et&::j " K 0'l;0 Ii' Q,O.{ <ltU' MEMORANDUM \' _____ ='lL- M d C. C '1 ,~, n ayor an Ity ouncl . . ,-HI' I " -, CY JulIe Ann Woods, Commuruty Development Dlre~ctor, lff\1"l rtoJe ' Joyce Ohlson, Deputy Director ' d~ryr.- 4 --0 !lilt ea V\ ; l'f/G GlS' James Lindt, Planner '31 ~-' I Ii 1,'-' "~I' '" - {t;o qCfJ( (16 VI.. C\ 700 Gibson Subdivision Exemption Lot Split - 2nd Reading of Ordinance No. 37, Series of 2002- Public Hearing,~ Co /!/Joe/; - November 11,2002 -,' TO: THRU: FROM: RE: DATE: ApPLICANT: Griffith Property, LLC. REPRESENT A TIVE: Alan Richman, Richman Planning Services LOCATION: 700 Gibson Ave. ZONtNG: R-6 (Medium-Density Residential) CURRENT LOT SIZE: 39,620 Square Feet PROPOSED PARCEL SIZES: Lot 1= 13,700 SF Lot 2= 26,363 SF CURRENT LAND USE: Vacant Land (Single-Family Residence demolished in August of 2002) PROPOSED LAND USE: Proposed Lot I-Single-Family Residence Proposed Lot 2- Two Detached Residences SUMMARY: The applicant is requesting a Subdivision Exemption Lot Split for a parcel to create Lots 1 and 2 of the Griffith Property Lot Split located at 700 Gibson Avenue. Photo Above: Existing parcel looking North from Gibson Avenue. Photo Above: Area of proposed access to Lot 1 ofthe proposed Lot Split off of Walnut Avenue. /~ ~...... ,. ./ REVIEW PROCEDURE: Pursuant to Section 26.480.040 (Procedures For Review), a development application for a subdivision exemption approval shall be reviewed pursuant to the procedures and standards in this Chapter and the Common Development Review Procedures set forth at Chapter 26.304. Exempt Subdivisions require a public hearing before City Council with its associated public notice. The applicant shall respond to the subdivision exemption lot split review standards pursuant to Section 26.480.050. City Council may approve, approve with conditions, or disapprove an application for a subdivision exemption lot split via an ordinance. STAFF COMMENTS: The applicant, the Griffith Property, LLC, represented by Alan Richman of Richman Planning Services, requests a Subdivision Exemption Lot Split to divide the parcel located at 700 Gibson Avenue into two (2) separate parcels. The parcel is currently located on the corner of Gibson A venue and Lone Pine Road and abuts the Hunter Creek Condominiums to the north. The property is located in the R-6 (Medium Density Residential) Zone District and contains approximately 39,620 square feet. The applicant intends to construct a single-family residence on Lot 1 of the proposed lot split to replace the demolished residence. On Lot 2 of the proposed lot split, the applicant would like to construct two (2) detached residences. The current zoning of the land allows for the construction of two (2) detached single-family residences on Lot 2 because it is proposed to contain over 9,000 square feet of lot area. In addition, both of the proposed lots contain in excess of 6,000 square feet which is the minimum size lot in the R-6 Zone District. Therefore, the proposal would not create any non-conformities. GMQS EXEMPTIONS: The applicant intends to land a Transferable Development Right (TDR) to obtain a development right on Lot 1. The above-mentioned TDR was created in the mid 1980's as part of the approvals for the Smuggler Mobile Home Park. In approving the Smuggler Mobile Home Park, nineteen (19) freely transferable development rights were created that represented exemptions from the Growth Management Quota System. The City Attorney believes that the Transferable Development Right presented and held by the applicant is probably authentic and can be used to obtain a GMQS Exemption for one development right. On Lot 2 of the proposed lot split, the applicant proposes to either build an ADU or pay a cash-in-lieu fee to obtain two (2) GMQS Exemptions to construct the proposed two (2) detached free market residential dwellings pursuant to Land Use Code Section 26.470.070(B). Land Use Code Section 26.470.070(B), Growth Management Quota System Exemptions allows for the applicant to develop a duplex or two residential units on a lot of record, which serves as a replacement for the development rights that exist on the fathering parcel. To obtain the two (2) GMQS Exemptions, the applicant shall provide one of the following affordable housing mitigation options: 2 1) Provide one (1) free market dwelling unit and one (1) deed restricted, Resident- Occupied (RO) dwelling unit with a minimum floor area of one thousand five hundred (1,500) square feet; or, 2) Provide either two (2) above grade, detached Accessory Dwelling Units of a minimum of three hundred (300) net livable square feet or one (I) Accessory Dwelling unit with a minimum floor area of six hundred (600) net livable square feet pursuant to Chapter 26.520; or, 3) Provide an off-site Affordable Housing Unit within the Aspen Infill Area accepted by the Aspen/Pitkin County Housing Authority and deed restricted in accordance with the Aspen/Pitkin County Housing Authority Guidelines, as amended; or, 4) Provide two (2) deed restricted Resident-Occupied (RO) dwelling units on-site; or, 5) Paying the applicable affordable housing impact fee pursuant to the Aspen/Pitkin County Housing Authority Guidelines, as amended. ISSUES: Access: The applicant is requesting to access the proposed Lot 1 from Walnut Avenue which is located to the east of the existing property. In 1993, a portion of Walnut Avenue was vacated and conveyed to the owner of the Griffith Property in return for conveying a piece of land on the western portion of the property to the City of Aspen for the construction of the Smuggler Area Commuter Sidewalk. Therefore, the subject parcel abuts Walnut Avenue to the west and has legal access to the proposed Lot 1 from Walnut A venue. Staff is proposing to require the applicant to vacate and completely fill in the curb cut that currently exists off of Gibson Avenue. Lot 2 is proposed to be accessed from Lone Pine Road. The applicant is proposing to use a shared driveway for the two residential units that are proposed on Lot 2. Staff feels that the applicant has appropriately avoided accessing the property from Gibson Avenue, which is clearly the busiest right-of-way that abuts the property. In addition, the City Engineering Department has reviewed the proposed driveway locations and feels that they are positioned appropriately. Neighboring Property Owner Concerns: The applicant has proposed to meet the underlying R -6 Zone District's setback requirements with the proposed residences. Several of the neighbors have expressed concerns that the R- 6 Zone District's front yard setback requirements of ten (10) feet will allow for the proposed residences to be located too close to Lone Pine Road (please lett~rs attached as Exhibit "E"). The neighbors feel that the residences that could be setback only ten (10) feet from Lone Pine Road would not be compatible with character of the other structures that abut Lone Pine Road because the other structures are setback by more than ten (10) feet. The neighbors have requested that the applicants be required to designate building envelopes or 3 " required setbacks on the plat that are significantly setback from Lone Pine Road prior to gaining lot split approval. The neighbors have noted that almost all of the other structures on Lone Pine Road are setback from the street by approximately thirty (30) feet or more. Staff does not feel that it is appropriate to establish building envelopes or a more stringent setback requirement from Lone Pine Road on either of the proposed lots because there are no lot split review criteria that require the proposal to be compatible with the character of the surrounding structures. Therefore, staff does not believe that it is within our authority to propose a condition of this nature. Furthermore, the property line that abuts Lone Pine Road is approximately eight(8) to ten (10) feet from the edge of pavement. When that ten (10) feet of public right-of-way is combined with the required R-6 Zone District's required front yard setback of ten (10) feet from the property line, a setback of twenty (20) feet from the edge of pavement is established. A twenty (20) foot setback from the edge of pavement is within approximately ten (10) feet of the distance in which the other structures that abut Lone Pine Road are setback from the street. Additionally, because the residential design standards require that the proposed residences be oriented towards the street with the longest block length (Lone Pine Road); staff feels that it would be inappropriate to set the residences much further back than twenty (20) feet from the roadway that they are required to be oriented towards. The majority of the other structures that abut Lone Pine Road are not oriented towards Lone Pine Road. Staff believes that the R-6 Zone District's front yard setback requirement of ten (10) feet is appropriate for the proposed lots. A neighbor has also expressed a concern about the required setback of the proposed residence on Lot #1 from Gibson Avenue. The neighbor expressing this concern felt that the R -6 Zone District's setback requirements allowed for the possibility that the residence to be constructed on Lot # I would impact the intersection of Gibson Avenue and Lone Pine Road and cause safety concerns. The Planning Staff reviewed this specific concern and calculated a vision triangle to determine if the intersection would be impacted by implementing the R-6 Zone District's setbacks on Lot #1. Staff calculated a vision triangle to determine the intersection's line-of-sight based on the Engineering Department's Interim Design and Construction Standards (please see applicable section attached as Exhibit "F"). Staff concluded from performing this exercise, that the intersection would not be impacted even if the applicant were allowed to build to the lot line of Gibson Avenue. Referral Comments: The Planning Staff has referred the proposed lot split to all of the referral agencies that we thought might have concerns or interest in the proposal. The City Water Department requested that the applicant grant the City a twenty (20) foot wide future services water line easement to straddle the proposed property line that splits the two lots. In exchange for the granting of the aforementioned easement, the City will vacate the right-of-way instrument for pipes and mains that was recorded in 1885 as is described in item No. 10 of the title commitment that is included in the application. This right-of-way instrument basically 4 ~ " granted a general undefined services easement over the entire area that was once known as Smuggler Ranch. In addition, the City Engineering Department is requiring that the applicant install curb and gutter along Gibson Avenue from the corner of Gibson Avenue and Lone Pine Road, where the existing curb ends to the northernmost property line of the proposed Lot 2 (please see map attached as Exhibit D). The Planning Staff believes that the sidewalk, curb, and gutter installation request by the City Engineering Department is appropriate in that the subject parcel is located within the area that has been designated for the installation of sidewalk, curb, and gutter by the City of Aspen's Master Plan for Sidewalk, Curb, and Gutter that was adopted by City Council. The City Engineer's requests are proposed in condition of approval No.6. Ordinance Amendments for Second Reading Staff was recently made aware that the subject parcel is located within the former "Smuggler Mine Superfund Site" boundaries and may contain soils that are contaminated with mine waste materials with high concentrations of lead and cadium. The Smuggler Mine Superfund Site has been de-listed by the Environmental Protection Agency, but the local institutional controls that were established by City Council Ordinance No. 25, Series of 1994 remain in full effect for excavation and development activities on properties that exist within the boundaries of the original superfund site. Therefore, the City of Aspen Environmental Health Department has requested that any disturbed soils be removed from the site and transported to the Pitkin County Landfill when Lots 1 and 2 of the Griffith Lot Split are developed. The Environmental Health Department's concerns have been mitigated by the addition of that last four conditions of approval (conditions numbered II thru 14). Therefore, the Planning Staff believes that the proposed conditions will reinforce the mitigation measures needed to guarantee the health and safety of the neighboring residents and on-site workers during the development of Lots 1 and 2 of the Griffith Property Lot Split. STAFF ANALYSIS SUMMARY: Staff feels that the proposed lot split is consistent with the review criteria as is set forth in Land Use Code Section 26.480.030(A)(2), Lot Splits. Furthermore, staff believes that the proposed conditions are needed to insure the proposal's compliance with the City of Aspen's Master Plan for Sidewalk, Curb, and Gutter installation. In addition, staff believes that the proposed lots will not create any non-conformities in relation to the R-6 Zone District's requirements for minimum lot size. RECOMMENDATION: Staff recommends City Council approve the proposed Subdivision Exemption Lot Split for Lots I and 2 of the Griffith Lot Split located at 700 Gibson A venue, City of Aspen, Pitkin County, Colorado with the conditions stated in the ordinance. 5 RECOMMENDED MOTION: (ALL MOTIONS ARE PROPOSED IN THE AFFIRMATIVE): "I move to approve Ordinance No. 37, Series 2002 of the Aspen City Council, approving a Subdivision Exemption for a Lot Split to create Lot 1 and Lot 2 of the property to be known and dedicated as the Griffith Property, LLC Lot Split located at 700 Gibson Avenue, City of Aspen, Pitkin County, Colorado with the conditions set forth in the ordinance." CITY MANAGER'S COMMENTS: ATTACHMENTS: EXHIBIT A -- REVIEW CRITERIA & STAFF FINDINGS EXHIBIT B -- REFERRAL COMMENTS EXHIBIT C -- SIDEWALK, CURB, AND GUTTER MAP EXHIBIT D -- CITY COUNCIL ORDINANCE No. 25, SERIES OF 1994- INSTITUTIONAL CONTROLS FOR SMUGGLER MINE SUPERFUND SITE EXHIBIT E -- LETTERS OF CONCERN FROM NEIGHBORS EXHIBIT F -- ENGINEERING'S INTERIM DESIGN STANDARDS- SIGHT RESTRICTIONS 6 ....-" EXHIBIT A SUBDIVISION EXEMPTION LOT SPLIT REVIEW CRITERIA & STAFF FINDINGS The split of a lot for the purpose of the development of one detached single-family dwelling on a lot formed by a lot split granted subsequent to November 14, 1977, where all of the following criteria are met: a. The land is not located in a subdivision approved by either the Pitkin County Board of County Commissioners or the City Council, or the land is described as a metes and bounds parcel which has not been subdivided after the adoption of subdivision regulations by the City of Aspen on March 24, 1969. Staff Finding The subject parcel (Lots 1 and 2) of a property to be known and dedicated as the Griffith Property LLC Lot Split is not located in a subdivision approved by the Pitkin County Board of County Commissioners or the Aspen City Council and the parcel has not been subdivided after the adoption of subdivision regulations by the City of Aspen on March 24, 1969. The parcel is a metes and bounds parcel and has not been previously subdivided. Staff finds this criterion to be met. b. No more than two (2) lots are created by the lot split, both lots conform to the requirements of the underlying zone district. Any lot for which development is proposed will mitigate for affordable housing pursuant to Section 26.100.050(A)(2)( c). Staff Finding There will be no more than two lots created by this lot split, Lots I and 2 of the Griffith Property LLC Lot Split. Both of the proposed lots are currently vacant and contain at least 6,000 square feet as is required as the minimum lot size by the R-6 (Medium-Density Residential) Zone District. Because both of the proposed lots are vacant, approving a lot split will not create any non-conformity in regards to the allowed dimensional requirements. The applicant proposes to develop both lots; Lot 1 will contain a single-family residence and Lot 2 will contain two detached residential dwelling units. At the time that the two detached dwelling units are proposed to be constructed, the applicant shall be required to obtain two (2) GMQS Exemptions by either proving an ADU of at least six hundred (600) square feet, providing two (2) ADUs of at least 300 square feet, by deed restricting one of the residential dwellings as a resident-occupied unit, or by paying the affordable housing impact fee pursuant to the housing guidelines. On Lot 1, the applicant proposes to land a TDR to construct the proposed single-family residence. The TDR was created as part of the development of the Smuggler Mobile Home Park. The City Attorney has reviewed the TDR and believes that it is valid. Therefore, a 7 GMQS exemption is not required to develop Lot 1 with a single-family residence. Staff finds this criterion to be met. c. The lot under consideration, or any part thereof, was not previously the subject of a subdivision exemption under the provisions of this Chapter or a "lot split" exemption pursuant to Section 26.470.040 (C)(I)(a). Staff Finding Staff finds that the subject lot has not previously been subject to a subdivision exemption or lot split. Staff finds this criterion to be met. d. A subdivision plat which meets the terms of this Chapter, and conforms to the requirements of this Title, is submitted and recorded in the office of the Pitkin County Clerk and Recorder after approval, indicating that no further subdivision may be granted for these lots nor will additional units be built without receipt of applicable approvals pursuant to this Chapter and growth management allocation pursuant to Chapter 26.470. Staff Finding No further subdivision will be granted for Lots 1 and 2 and no additional units will be built without receipt of applicable approvals pursuant to this Chapter and growth management allocation pursuant to Chapter 26.470. The required subdivision plat with a note allowing no further subdivision of the newly created lots, as approved by City Council will be submitted by the applicant and recorded in the office of the Pitkin County Clerk and Recorder. Staff finds this criterion to be met. e. The subdivision exemption agreement and plat shall be recorded in the office of the Pitkin County Clerk and Recorder. Failure on the part of the applicant to record the plat within one hundred eighty (180) days following approval by the City Council shall render the plat invalid and reconsideration of the plat by the City Council will be required for a showing of good cause. Staff Finding The applicant shall record the required subdivision exemption plat and agreement within one hundred and eighty (180) days of approval by the City Council. In addition, the applicant shall submit a letter to the City Environmental Health Department that indicates that Ordinance No. 25, Series Of 1994 regarding the removal and disturbance of soils containing mine waste material has been read by the owner and contractor developing the site and will be complied with. StatItinds this criterion to be met. f. In the case where an existing single-family dwelling occupies a site which is eligible for a lot split, the dwelling need not be demolished prior to application for a lot split. 8 , , Staff Finding No single-family residence exists on the property currently. The single-family residence that existed on the site has already been demolished. However, the residence that previously existed did not cross the proposed property line. Therefore, Staff does not believe that the residence that was demolished was done so for the purpose of completing the proposed lot split. Staff finds this criterion to be met. g. Maximum potential buildout for the two (2) parcels created by a lot split shall not exceed three (3) units, which may be composed of a duplex and a sing1e- family home. Staff Finding Upon approval of this Subdivision Exemption Lot Split, the applicant proposes to construct a single-family dwelling on Lot 1 and two detached dwelling units on Lot 2 which will result in the maximum allowable build-out potential for the two lots. Based on a Land Use Code interpretation approved by the Community Development Director in 1998, two detached residential dwelling units may be developed on one lot and an additional single- family dwelling unit may be developed on another lot that is created through a lot split if the underlying zone district allows for two detached dwelling units as a permitted use. Therefore, the applicant is not limited to developing a duplex and a single-family residence as is implied by the criterion. Staff finds this criterion to be met. 9 Nov 05 02 07:53p Bill Wiener --- 970 925-5390 p.l Nov. 5, 2002 Re: 700 Gibson Avenue Subdivision Exemption For Lot Split Dear, James Lindt On the above, I wear three hats. 1) I own the house at 701 Gibson St. across the street. 2) I own two condominiums in the Hunter Creek complex. The one on the South side of building 9 looks directly at the lot. 3) I am a graduate of the Cornell School of Architecture I City Planning, so I want to see our city make the best choices. 1 As the owner of the Gibson St. house to the South, my major concern is that I do not know what the set back from Gibson will be, as there was no information given in the proposal as to setback or building envelope. How can anyone make an informed decision as to personal or civic impact without such information? 2. As the owner of Hunter Creek Condo #942, I always knew that something would be built on that lot. However, the location (side & front setback), and height are interrelated as to impact. As there is no information as to building envelope or setback shown, how can I make an informed decision as to impact and how to mitigate it? Q As an Architect I Planner I am appalled that there is nothing in the submission that addresses protecting the neighborhood character. Lone Pine is a special place. The existing buildings are set back from the street creating a street character of openness. Because the proposed lot #1 may front on Walnut St., then Lone Pine may become the rear line with a 10-foot setback. Lot #2 fronting on Lone Pine would also have a 10 foot setback from the street. Both of these allowed setbacks are unacceptable, because the new structures could be built much closer to the street than the buildings that now exist, thus destroying the neighborhood character. Additionally, because of the narrow side yard setback (lot #2) the new structures could create a scale problem by visually crowding the large Hunter Creek Complex and adversely impacting the existing path to the bus. 1 Nov OS 02 07:53p Bill Wiener ,----- . 970 925-5390 p.2 ", / Solutions The City Council should require that to maintain the existing street character and safety that: a) The established physical setback from Lone Pine be maintained, i.e. that none of the new buildings be any closer to Lone Pine than the existing adjoining Hunter Creek Condo. b) Lot #2 side setback is at least 30 feet from the adjoining Hunter Creek Condo property line to maintain scale and character. Note: A great many people who ride the bus use this passage. c) The new structure on lot #1 be located on the North half of the lot in order to maintain character and not visually impact the intersection, thus reduce traffic accidents (buses & pedestrians). All of the above can be presented on a revised plat using either setback lines or building envelopes. Hunter Creek Buildings 9 &10 should be shown in order to access mutual impact to character. Note: When the seven lots were laid out on the Mockland property across the street, building envelopes were required. If this was done on one side of the street, then it should be done on the other. How can an elected official, an administrator, or a neighbor assess the potential impact without setbacks and / or building envelopes being known (shown)? Once we have a drawing that indicates what is about to happen and how it impacts others, then we can address refinements if necessary. Final note: To comply with the above would create no hardship on the developers. This is a win / win. Sincerely, Bill Wiener, Jr. Phone: 925-5390 - Cell: 948-8255 - Email: bill_wiener@hotmail.com .................................................................................................................. .................................................................................................................. 2 11-&5-&2 15:17 HUNTF~CREEK PROPERTIES INC D=97& 92& 4935 P&l/&l Exh,'Jo;f \[1/ ~ November 5, 2002 RE: 700 Gibson A venue Subdivision Exemption for a Lot Split To: Mayor Klandcrud Aspen City Council James Lind~ Planner - Community Development Planning Officials Dear Officials, There have been several Hunter Creek Home Owners who have expressed concern regarding the proposed lot split. II is their desire to See a designation of a building envelope on the exemption plat. This envelope should consider a Lone Pine Road set back similar to the existing buildings along Lone Pine Road, such as building 900 of the Hunter Creek Condominiums, which is adjacent to the parcel. Be advised, \he property is oriented primarily on Lone Pine Road, not Gibson A venue. Lone Pine is a unique Slreel with its own special character. All of the existing strucmres on this street. from one end to the other, arc set back substantially from the road, thus fonning a desirable visla. We propose a rcsubmission of the application showing individual building envelopes incorporating a street setback similar to the nea:by buildings. Otherwise the proposed buildings have the potential to be sel too close to the road, which would compromise the openness of Lane Pine Road with its vistas. Thank you for your consideration in this matter. Sincerely, /,0a 1 At10fr- Lisa Thurston Hunler Creek Properties, Inc. Hunter Creel< . 1400 Vine Street . Aspen, Colorado 81611 ' 970/925.1060 \\~ STREET OOAOO CURB LINE arEDGE OF PAVEMEN 8 I... A .1 / ( PROPERTY LINE VISION TRIANGLE ar : LINE OF SIGHT! I I I EO 00 EO IJ= W W ~ IJ= 00 SIGHT RESTRICTIONS No physical abject(s) may be placed in the highlighted area which has a height of 30 inches or more or to be allowed grow to exceed 30 inches. The triangle dimensions are measured from the intersection of the property lines as shown in the detail above. STREET "B" ~~ E-< E-< ... E-< W ... I:t:~ ... a.. ~ ~ E-< I:t:A OE-< ... >- i" E-< E-<OO E-< ~ I- oo ..... oo I- .. ~:s I:t: E-< W O~ :s 0 oo W , E-< E-< E-<u E-< .. 0:: .oo Z ool:t: U ~ I- OO;:l ... ..... ... (j) ~~ s 2J~ .. ... oo .. E-< .. .. ~ 00 0 I:t: -< 0 ..u u -< STREET "A" A (FEEl) STREET TYPE B(FBET) 20 ALLEYS; COMMERCIAL or INDUSTRIAL DR. 15 30 40 60 100 30 RESIDENTIAL STREET 15 30 40 60 100 45 LOCAL STREET or COMMERCIAL STREET 15 30 40 60 100 60 COLLECTOR STREET 15 30 40 60 100 100 ARTERIAL STREET 15 30 40 60 100 ENGINEERING DEPARTMENT MINIMUM VISION DRAWING NO. CITY OF ASPEN, COLORADO TRIANGLE DIMENSIONS ENG-610 . CREEK PROPERTIES INC ""- I \~ii1"; ID=97fl 92fl 4936 PflI/fll Il-fl5-fl2 16:17 HUNTER ~ November 5, 2002 RE; 700 Gibson A venue Subdivision Exemption for a Lot Split To: Mayor Klanderud Aspen City Council James Lindt, Planner - Community Development Planning Officials Dear Officials, There have been several Hunter Creek Home Owners who have expressed concern regarding the proposed lot split. It is !heir desire to See a designation of a building envelope on Ihe exemption plat. This envelope should consider a Lone Pine Road set back similar to !he existing buildings along Lone Pine Road, such as building 900 of!ha Hunter Creek Condominiums, which is adjacent to !he parcel. Be advised, !he property is oriented primarily on Lone Pine Road, not Gibson A venue. Lone Pine is a unique s!reet wiIh its own special character. All of the existing structnres on this S!reel, from one end to !he oIher, arc s~'t back subslantia.lly from the road, thus forming a desirable visla. We propose a r.submission ofIhe application showing individual building envelopes incorporating a street setback similar to !he nearby buildings, O!herwise the proposed building, have !he potenti.l to be set too close to the road, which woutd compromise the openness of Lone Pine Road with it. vistas. Thank you for your consideration in tllis malter. Sincerely, /-0a 1 M10h Lisa Thurston Hunler Creek Properties, Inc. Hunter Creek 1400 Vine Street . Aspen, Colorado 81611 . 970/925.1060 Community U~,., ,: ,-rll Department 130 S, GalerlC Street Aspen, Colorado 81611 Uu^'-~ ~ FABER JOHN A 1401 W PACES FERRY #3401 ATLANTA, GA 30327 \'t"",r" ')" ~ ,;, NOV a 4 2002 J\SFFN BUILDING [;[r'A:HMENT .,.....,-<.~," r~~'~:''"-fl ) t\ ~., " uepa1ment .....ic.:13 St.-eet ,I CIlIOI!~b' '!WR1'1/",'jfI"'I/' ..1/.... '1,."..,..",1/ '~-...-:-.':.#o/~4:::4 ',< .:""~~~~l~..r..r'f-:;iri-:'.i. ,- " -- 11"1,,,,11,11,.,,,11,,,11,,1101 J '!...u..jl..'.l~;,:n... >i;t){'l.. . Ii} ~OSl+l't-;rl~ ,/ // /" . L' ~ t ','" ~ >:-1 . ) r r- ,',uE r< '<:-~_ -<L_ _' AT '.' :'PTEC,/t'UJ .<IIOW1. IJ[fi,Cpl', 1,1' iOC?l l ._" M R PECK 240 E 76 ST NEW Y. RK, NY 10021 2#S"S" [ 20.," r Z..... r rED, TO JO'~"id . GJ f d3riN30 Z#SH i OQZ ~ }J~'3:i.i,,~' _ eJ.::::.1.1.... J.'::IO:;.-:. n.,I""IJ,II","ll",II,.IJ,1 "llltlllltlllll1dl ,tll 11 II I, I"II'/llllllll,; ComrrLlr,ny UO'/p,I(jf,qnb'11l ..-,::!-'dflrnerl '_1 ~~,~;, -\i'_.,.q~ ~~~,'99r ;'\'j,c~~ !.' C;1_,'~:i"!'JU ~1.:}J;' ..~ \D YN M LIVING TRUST THE TA AIS 90 ASS VILLAGE, CO 81615 - ~ommur'W Dp'I~;" ~I :..:. - .; .- ' '.. ) l~161 ;, v~;,I.",'..:.')l' , - - ..- -- - - PEEPERS HOLLOW LLC 134 W HOPKINS AVE ASPEN, CO 81611 '~','----) ----/ ,_ \ ()Jf1. // I c4_ "-.--- -. ~~-I h t I U H tI .::::::;::---"'_ ru SEtlOfR ~--..,L UtHlEJ 'VfRABLE AS. IESSEO (!1l~8LE TO rOAW~r[l ., J l ATTACHMENT 7 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: 700 , , 6/ /.:)SOCA /1//; /('-2-' I ( ,4 \J '<2 Aspen, co SCHEDULED PUBLIC HEARING DATE: ,200_ STATE OF COLORADO ) ) SS. County of Pitkin ) I, - j q \A-,L~ <:.:.... !~ I ttA..rJ f (name, please print) being or representing an Applicant to the City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304,060 (E) of the Aspen Land Use Code in the following manner: ~ Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen at least fifteen (I5/} days prior to the public hearing, A copy of the publication is attached hereto. l _ Posting of notice: By posting of notice, which form was obtained from the Community Development Department, which was made of suitable, waterproof materials, which was not less than twenty-two (22) inches wide and twenty-six (26) inches high, and which was composed of letters not less than one inch in height. Said notice was posted at least fifteen (15) days prior to the public hearing and was continuously visible from the _ day of ,200-, to and including the date and time of the pub1id hearing. A photograph of the posted notice (sign) is attached hereto. ) _ Mailing of notice. By the mailing of a notice obtained from the Community Development Department, which contains the information described in Section 26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to the public hearing, notice was hand delivered or mailed by first class postage prepaid U.S. mail to any federal agency, state, county, municipal government, school, service district or other governmental or quasi-governmental agency that owns property within three hundred (300) feet of the property subject to the development application. The names and addresses of property owners shall be those on the current tax records of Pitkin County as they appeared no more than sixty (60) days prior to the date of the public hearing. A copy of the owners and governmental agencies so noticed is attached hereto. (continued on next page) I Rezoning or text amendment. Whenever the official zoning district map is in any way to be changed or amended incidental to or as part of a general revision of this Title, or whenever the text of this Title is to be amended, whether such revision be made by repeal of this Title and enactment of a new land use regulation, or otherwise, the requirement of an accurate survey map or other sufficient legal description of, and the notice to and listing of names and addresses of owners of real property in the area of the proposed change shaH be waived. However, the proposed zoning map has been available for public inspection in the planning agency during all business hours for fifteen (15) days prior to the public hearing on such amendments. :1t-. The foregoing "Affidavit of Notice" was acknowledged bete.~ day of O~ ,200A,by ~..... -1 \ PlJBUC NOTICE RE: 700 iN AVENUE SUBDIVISIoN EKEMP" TIGN FORA SPUr NOTICE ~ . . y GIVEN that a public hearing will be hdij' . Monday,. November 11, 2002. at a meetlng .to at 5:00 p.m. before the Aspen CIty~, CO\IIldl Chambers; City HaD, 130 S. Galena St.;~Aspf:O, to consider an applicatlon su&. mltted bY the GrUftth Property, LJ..Crequestlng approval ofa. Subdivision. Exemption for a Lot SpUt to divide the property into two lotS. The property is located at 700,~ Avenue and Is commonly mown as the Gritftth Property. For further Informa(km, contact James Undt af the City of Aspen C~murilty Development De- partment, 130 S. Galena St.,ASpeil, CO (970) 9.2Q. 5095, jamesl@cI.aspen.CO.US. . s~ IQanderud, Mator Aspen City Council Published In Aspen - TImeS on October- 26, 2002. (9546) WITNESS MY HAND AND OFFICIAL SEAL My commission expires: ~ /.,.l.~ / ;J...::::$:).3;. ~ r Notary Public ATTACHMENTS: COpy OF THE PUBLICATION PHOTOGRAPH OF THE POSTED NOTICE (SIGN) LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED BY MAIL """'",," . ' '; , , /~, -I+I_il 1\ "'1" ~ , , " I ',...",",' Ii ill . .\........ .-Jlllli( ... Vi / ~. .0] ,,1_ - _I.. . '\ \', #i \, '" \\I~F~ _,', I \1,.- , ' \[15 Feet i . 60 feet i . . .- I I I , I. nl illl ill II, I, 1',_ I' _} I I .. I. . I (II. i_. ..1 'rc~1 · :~r ,.] il~ ~* I:. -= ..., r. I I: ... 'T-' I, : ~ _.... .J I I " ," I'r~-' IIL~I ' I, , , , , , / .",./' i.I, ~/ , . /!.--~ .' - :) Nov. 5, 2002 Re: 700 Gibson Avenue Subdivision Exemption For Lot ~Cf::'j""" Dear, Cris Bendon, Sr. Planner &;. ill rt:D NOV () On the above, I wear three hats. 8 ZOO? 1) I own the house at 701 Gibson St. across the street. 8UJLDIN~SPtN 2) I own two condominiums in the Hunter Creek complex. Th~EPARTMENT one on the South side of building 9 looks directly at the lot. 3) I am a graduate ofthe Cornell School of Architecture / City Planning, so I want to see our city make the best choices. 1 As the owner of the Gibson St. house to the South, my major concern is that I do not know what the set back from Gibson will be, as there was no information given in the proposal as to setback or building envelope. How can anyone make an informed decision as to personal or civic impact without such information? 2. As the owner of Hunter Creek Condo #942, I always knew that something would be built on that lot. However, the location (side & front setback), and height are interrelated as to impact. As there is no information as to building envelope or setback shown, how can I make an informed decision as to impact and how to mitigate it? Q As an Architect / Planner I am appalled that there is nothing in the submission that addresses protecting the neighborhood character. Lone Pine is a special place. The existing buildings are set back from the street creating a street character of openness. Because the proposed lot #1 may front on Walnut St., then Lone Pine may become the rear line with a lO-foot setback. Lot #2 fronting on Lone Pine would also have a 10 foot setback from the street. Both ofthese allowed setbacks are unacceptable, because the new structures could be built much closer to the street than the buildings that now exist, thus destroying the neighborhood character. Additionally, because ofthe narrow side yard setback (lot #2) the new structures could create a scale problem by visually crowding the large Hunter Creek Complex and adversely impacting the existing path to the bus. 1 -. Solutions /"'" , ,I The City Council should require that to maintain the existing street character and safety that: a) The established physical setback from Lone Pine be maintained, i.e. that none of the new buildings be any closer to Lone Pine than the existing adjoining Hunter Creek Condo. b) Lot #2 side setback is at least 30 feet from the adjoining Hunter Creek Condo property line to maintain scale and character. Note: A great many people who ride the bus use this passage. c) The new structure on lot #1 be located on the North half of the lot in order to maintain character and not visually impact the intersection, thus reduce traffic accidents (buses & pedestrians). All of the above can be presented on a revised plat using either setback lines or building envelopes. Hunter Creek Buildings 9 &10 should be shown in order to access mutual impact to character. Note: When the seven lots were laid out on the Mockland property across the street, building envelopes were required. If this was done on one side of the street, then it should be done on the other. How can an elected official, an administrator, or a neighbor assess the potential impact without setbacks and / or building envelopes being known (shown)? Once we have a drawing that indicates what is about to happen and how it impacts others, then we can address refinements if necessary. Final note: To comply with the above would create no hardship on the developers. This is a win / win. Bill W, Sincerely, .................................................................................................................. .................................................................................................................. Phone: 925-5390 - Cell: 948-8255 - Email: bill_wiener@hotmail.com 2 c ......... .....,"" Nov. 5, 2002 Re: 700 Gibson Avenue Subdivision Exemption For Lot Split Dear, Julie Ann On the above, I wear three hats. 1) I own the house at 701 Gibson St. across the street. 2) I own two condominiums in the Hunter Creek complex. The one on the South side of building 9 looks directly at the lot. 3) I am a graduate ofthe Cornell School of Architecture / City Planning, so I want to see our city make the best choices. 1 As the owner of the Gibson St. house to the South, my major concern is that I do not know what the set back from Gibson will be, as there was no information given in the proposal as to setback or building envelope. How can anyone make an informed decision as to personal or civic impact without such information? ~ As the owner of Hunter Creek Condo #942, I always knew that something would be built on that lot. However, the location (side & front setback), and height are interrelated as to impact. As there is no information as to building envelope or setback shown, how can I make an informed decision as to impact and how to mitigate it? .2 As an Architect / Planner I am appalled that there is nothing in the submission that addresses protecting the neighborhood character. Lone Pine is a special place. The existing buildings are set back from the street creating a street character of openness. Because the proposed lot #1 may front on Walnut St., then Lone Pine may become the rear line with a lO-foot setback. Lot #2 fronting on Lone Pine would also have a 10 foot setback from the street. Both of these allowed setbacks are unacceptable, because the new structures could be built much closer to the street than the buildings that now exist, thus destroying the neighborhood character. Additionally, because of the narrow side yard setback (lot #2) the new structures could create a scale problem by visually crowding the large Hunter Creek Complex and adversely impacting the existing path to the bus. 1 .r- "'" Solutions :) The City Council should require that to maintain the existing street character and safety that: a) The established physical setback from Lone Pine be maintained, i.e. that none ofthe new buildings be any closer to Lone Pine than the existing adjoining Hunter Creek Condo. b) Lot #2 side setback is at least 30 feet from the adjoining Hunter Creek Condo property line to maintain scale and character. Note: A great many people who ride the bus use this passage. c) The new structure on lot #1 be located on the North half of the lot in order to maintain character and not visually impact the intersection, thus reduce traffic accidents (buses & pedestrians). All of the above can be presented on a revised plat using either setback lines or building envelopes. Hunter Creek Buildings 9 &10 should be shown in order to access mutual impact to character. Note: When the seven lots were laid out on the Mockland property across the street, building envelopes were required. If this was done on one side of the street, then it should be done on the other. How can an elected official, an administrator, or a neighbor assess the potential impact without setbacks and / or building envelopes being known (shown)? Once we have a drawing that indicates what is about to happen and how it impacts others, then we can address refinements if necessary. Final note: To comply with the above would create no hardship on the developers. This is a win / win. Sincerely, .................................................................................................................. .................................................................................................................. Phone: 925-5390 - Cell: 948-8255 - Email: bill_wiener@hotmail.com 2 ,.., ...... .....'" '>.,.1 \I, \ a.- 1>~c ~ 0(')' ~k ~~-1& .7/<3 ~ t;>a~~ O'i?> ~'1t (f>~ ~)' MEMORANDUM TO: Mayor and City Council THRU: Julie Ann Woods, Community Development Director G,./ Joyce Ohlson, Deputy Director 1 FROM: James Lindt, Planner~ t-.-- RE: 700 Gibson Subdivision Exemption Lot Split _1st Reading of Ordinance No~ Series of 2002 DATE: October 28, 2002 ApPLICANT: Griffith Property, LLC. REPRESENTATIVE: Alan Richman, Richman Planning Services LOCATION: 700 Gibson Ave. ZONING: R-6 (Medium-Density Residential) CURRENT LOT SIZE: 39,620 Square Feet PROPOSED PARCEL SIZES: Lot 1= 13,700 SF Lot 2= 26,363 SF CURRENT LAND USE: Vacant Land (Single-Family Residence demolished in August of 2002) PROPOSED LAND USE: Proposed Lot I-Single-Family Residence Proposed Lot 2- Two Detached Residences SUMMARY: The applicant is requesting a Subdivision Exemption Lot Split for a parcel to create Lots 1 and 2 of the Griffith Property Lot Split located at 700 Gibson Avenue. Photo Above: Existing parcel looking North from Gibson Avenue. Photo Above: Area of proposed access to Lot 1 of the proposed Lot Split off of Walnut Avenue. ,."'"" #'" ',"... .....''''"'' REVIEW PROCEDURE: Pursuant to Section 26.480.040 (Procedures For Review), a development application for a subdivision exemption approval shall be reviewed pursuant to the procedures and standards in this Chapter and the Common Development Review Procedures set forth at Chapter 26.304. Exempt Subdivisions require a public hearing before City Council with its associated public notice. The applicant shall respond to the subdivision exemption lot split review standards pursuant to Section 26.480.050. City Council may approve, approve with conditions, or disapprove an application for a subdivision exemption lot split via an ordinance. STAFF COMMENTS: The applicant, the Griffith Property, LLC, represented by Alan Richman of Richman Planning Services, requests a Subdivision Exemption Lot Split to divide the parcel located at 700 Gibson Avenue into two (2) separate parcels. The parcel is currently located on the corner of Gibson Avenue and Lone Pine Road and abuts the Hunter Creek Condominiums to the north. The property is located in the R-6 (Medium Density Residential) Zone District and contains approximately 39,620 square feet. The applicant intends to construct a single-family residence on Lot 1 of the proposed lot split to replace the demolished residence. On Lot 2 of the proposed lot split, the applicant would like to construct two (2) detached residences. The current zoning of the land allows for the construction of two (2) detached single-family residences on Lot 2 because it is proposed to contain over 9,000 square feet of lot area. In addition, both of the proposed lots contain in excess of 6,000 square feet which is the minimum size lot in the R-6 Zone District. Therefore, the proposal would not create any non-conformities. GMQS EXEMPTIONS: The applicant intends to land a Transferable Development Right (TDR) to obtain a development right on Lot 1. The above-mentioned TDR was created in the mid 1980's as part of the approvals for the Smuggler Mobile Home Park. In approving the Smuggler Mobile Home Park, nineteen (19) freely transferable development rights were created that represented exemptions from the Growth Management Quota System. The City Attorney believes that the Transferable Development Right presented and held by the applicant is probably authentic and can be used to obtain a GMQS Exemption for one development right. On Lot 2 of the proposed lot split, the applicant proposes to either build an ADU or pay a cash-in-lieu fee to obtain two (2) GMQS Exemptions to construct the proposed two (2) detached free market residential dwellings pursuant to Land Use Code Section 26.470.070(B). Land Use Code Section 26.470.070(B), Growth Management Quota System Exemptions allows for the applicant to develop a duplex or two residential units on a lot of record, which serves as a replacement for the development rights that exist on the fathering parcel. To obtain the two (2) GMQS Exemptions, the applicant shall provide one of the following affordable housing mitigation options: 2 ,- /",. ,,;.... "'.... 1 ) Provide one (1) free market dwelling unit and one (1) deed restricted, Resident- Occupied (RO) dwelling unit with a minimum floor area of one thousand five hundred (1,500) square feet; or, 2) Provide either two (2) above grade, detached Accessory Dwelling Units of a minimum of three hundred (300) net livable square feet or one (1) Accessory Dwelling unit with a minimum floor area of six hundred (600) net livable square feet pursuant to Chapter 26.520; or, 3) Provide an off-site Affordable Housing Unit within the Aspen Infill Area accepted by the Aspen/Pitkin County Housing Authority and deed restricted in accordance with the Aspen/Pitkin County Housing Authority Guidelines, as amended; or, 4) Provide two (2) deed restricted Resident-Occupied (RO) dwelling units on-site; Of, 5) Paying the applicable affordable housing impact fee pursuant to the Aspen/Pitkin County Housing Authority Guidelines, as amended. ISSUES: Access: The applicant is requesting to access the proposed Lot 1 from Walnut Avenue which is located to the east of the existing property. In 1993, a portion of Walnut A venue was vacated and conveyed to the owner of the Griffith Property in return for conveying a piece of land on the western portion of the property to the City of Aspen for the construction of the Smuggler Area Commuter Sidewalk. Therefore, the subject parcel abuts Walnut Avenue to the west and has legal access to the proposed Lot 1 from Walnut Avenue. Staff is proposing to require the applicant to vacate and completely fill in the curb cut that currently exists off of Gibson Avenue. Lot 2 is proposed to be accessed from Lone Pine Road. The applicant is proposing to use a shared driveway for the two residential units that are proposed on Lot 2. Staff feels that the applicant has appropriately avoided accessing the property from Gibson Avenue, which is clearly the busiest right-of-way that abuts the property. In addition, the City Engineering Department has reviewed the proposed driveway locations and feels that they are positioned appropriately. Referral Comments: The Planning Staff has referred the proposed lot split to all of the referral agencies that we thought might have concerns or interest in the proposal. The City Water Department requested that the applicant grant the City a twenty (20) foot wide future services water line easement to straddle the proposed property line that splits the two lots. In exchange for the granting of the aforementioned easement, the City will vacate the right-of-way instrument for pipes and mains that was recorded in 1885 as is described in item No. 10 of the title commitment that is included in the application. This right-of-way instrument basically 3 ". " granted a general undefined services easement over the entire area that was once known as Smuggler Ranch. In addition, the City Engineering Department is requiring that the applicant install curb and gutter along Gibson A venue from the corner of Gibson Avenue and Lone Pine Road, where the existing curb ends to the northernmost property line of the proposed Lot 2 (please see map attached as Exhibit D). The Planning Staff believes that the sidewalk, curb, and gutter installation request by the City Engineering Department is appropriate in that the subject parcel is located within the area that has been designated for the installation of sidewalk, curb, and gutter by the City of Aspen's Master Plan for Sidewalk, Curb, and Gutter that was adopted by City Council. The City Engineer's requests are proposed in condition of approval No.6. STAFF ANALYSIS SUMMARY: Staff feels that the proposed lot split is consistent with the review criteria as is set forth in Land Use Code Section 26.480.030(A)(2), Lot Splits. Furthermore, staff believes that the proposed conditions are needed to insure the proposal's compliance with the City of Aspen's Master Plan for Sidewalk, Curb, and Gutter installation. In addition, staff believes that the proposed lots will not create any non-conformities in relation to the R-6 Zone District's requirements for minimum lot size. RECOMMENDATION: Staff recommends City Council approve the proposed Subdivision Exemption Lot Split for Lots 1 and 2 of the Griffith Lot Split located at 700 Gibson Avenue, City of Aspen, Pitkin County, Colorado with the conditions stated in the ordinance. RECOMMENDED MOTION: (ALL MOTIONS ARE PROPOSED IN THE AFFIRMATIVE): "I move to approve Ordinance No.3T; Series 2002 of the Aspen City Council, approving a Subdivision Exemption for a Lot splli to create Lot I and Lot 2 of the property to be known and dedicated as the Griffith Property, LLC Lot Split located at 700 Gibson Avenue, City of Aspen, Pitkin County, Colorado with the conditions set forth in the ordinance." CITY MANAGER'S COMMENTS: ATTACHMENTS: EXHIBIT A -- REVIEW CRITERIA & STAFF FINDINGS EXHIBIT B -- ApPLICATION EXHIBIT C -- REFERRAL COMMENTS EXHIBIT D -- SIDEWALK, CURB, AND GUTTER MAP 4 ,...., '>,." EXHIBIT A SUBDIVISION EXEMPTION LOT SPLIT REVIEW CRITERIA & STAFF FINDINGS The split of a lot for the purpose of the development of one detached single-family dwelling on a lot formed by a lot split granted subsequent to November 14, 1977, where all of the following criteria are met: a. The land is not located in a subdivision approved by either the Pitkin County Board of County Commissioners or the City Council, or the land is described as a metes and bounds parcel which has not been subdivided after the adoption of subdivision regulations by the City of Aspen on March 24, 1969. Staff Finding The subject parcel (Lots 1 and 2) of a property to be known and dedicated as the Griffith Property LLC Lot Split is not located in a subdivision approved by the Pitkin County Board of County Commissioners or the Aspen City Council and the parcel has not been subdivided after the adoption of subdivision regulations by the City of Aspen on March 24, 1969. The parcel is a metes and bounds parcel and has not been previously subdivided. Staff finds this criterion to be met. b. No more than two (2) lots are created by the lot split, both lots conform to the requirements of the underlying zone district. Any lot for which development is proposed will mitigate for affordable housing pursuant to Section 26.100.0S0(A)(2)( c). Staff Finding There will be no more than two lots created by this lot split, Lots 1 and 2 of the Griffith Property LLC Lot Split. Both of the proposed lots are currently vacant and contain at least 6,000 square feet as is required as the minimum lot size by the R-6 (Medium-Density Residential) Zone District. Because both of the proposed lots are vacant, approving a lot split will not create any non-conformity in regards to the allowed dimensional requirements. The applicant proposes to develop both lots; Lot 1 will contain a single-family residence and Lot 2 will contain two detached residential dwelling units. At the time that the two detached dwelling units are proposed to be constructed, the applicant shall be required to obtain two (2) GMQS Exemptions by either proving an ADU of at least six hundred (600) square feet, providing two (2) ADUs of at least 300 square feet, by deed restricting one of the residential dwellings as a resident-occupied unit, or by paying the affordable housing impact fee pursuant to the housing guidelines. On Lot I, the applicant proposes to land a TDR to construct the proposed single-family residence. The TDR was created as part of the development of the Smuggler Mobile Home Park. The City Attorney has reviewed the TDR and believes that it is valid. Therefore, a 5 , '----...---.""" I....~' " " ~ GMQS exemption is not required to develop Lot 1 with a single-family residence. Staff finds this criterion to be met. c. The lot under consideration, or any part thereof, was not previously the subject of a subdivision exemption under the provisions of this Chapter or a "lot split" exemption pursuant to Section 26.470.040 (C)(I)(a). Staff Finding Staff finds that the subject lot has not previously been subject to a subdivision exemption or lot split. Staff finds this criterion to be met. d. A subdivision plat which meets the terms of this Chapter, and conforms to the requirements of this Title, is submitted and recorded in the office of the Pitkin County Clerk and Recorder after approval, indicating that no further subdivision may be granted for these lots nor will additional units be built without receipt of applicable approvals pursuant to this Chapter and growth management allocation pursuant to Chapter 26.470. Staff Finding No further subdivision will be granted for Lots 1 and 2 and no additional units will be built without receipt of applicable approvals pursuant to this Chapter and growth management allocation pursuant to Chapter 26.470. The required subdivision plat with a note allowing no further subdivision of the newly created lots, as approved by City Council will be submitted by the applicant and recorded in the office of the Pitkin County Clerk and Recorder. Staff finds this criterion to be met. e. The subdivision exemption agreement and plat shall be recorded in the office of the Pitkin County Clerk and Recorder. Failure on the part of the applicant to record the plat within one hundred eighty (180) days following approval by the City Council shall render the plat invalid and reconsideration of the plat by the City Council will be required for a showing of good cause. Staff Finding The applicant shall record the required subdivision plat within one hundred and eighty (180) days of approval by the City Council. Staff finds this criterion to be met. f. In the case where an existing single-family dwelling occupies a site which is eligible for a lot split, the dwelling need not be demolished prior to application for a lot split. 6 .-. ....... ...... .....,-"'"" Staff Finding No single-family residence exists on the property currently. The single-family residence that existed on the site has already been demolished. However, the residence that previously existed did not cross the proposed property line. Therefore, Staff does not believe that the residence that was demolished was done so for the purpose of completing the proposed lot split. Staff finds this criterion to be met. g. Maximum potential buildout for the two (2) parcels created by a lot split shall not exceed three (3) units, which may be composed of a duplex and a sing1e- family home. Staff Finding Upon approval of this Subdivision Exemption Lot Split, the applicant proposes to construct a single-family dwelling on Lot 1 and two detached dwelling units on Lot 2 which will result in the maximum allowable build-out potential for the two lots. Based on a Land Use Code interpretation approved by the Community Development Director in 1998, two detached residential dwelling units may be developed on one lot and an additional single- family dwelling unit may be developed on another lot that is created through a lot split if the underlying zone district allows for two detached dwelling units as a permitted use. Therefore, the applicant is not limited to developing a duplex and a single-family residence as is implied by the criterion. Staff finds this criterion to be met. 7 3oJl;t1 C ."" ,..'"" ",C'(l (l(l F'....710 PG #356442 'h ..:j/03/C)~~ ()'?': .q-bn~t=~c.. ci;~~..~:: ~ Do~,"'$~ ,.)() Silvia Davis, F'ltkln - Y 990 _.. .. I ORDINANCE No.lL (Series of 1993) I d", ,.J ,J ...." ,",' 1- \ 1., y;" .:H ; " ) .:( {" f AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, VACATING PORTIONS OF THE WALNUT AVENUE RIGHT-OF-WAY CONTAINING 1,050 SQUARE FEET ALL WITHIN THE CITY OF, ASPEN, PITKIN COUNTY, COLORADO. WHEREAS, the City of Aspen desires to obtain a certain right-of-way adjoining Gibson Avenue, depicted on the sketch annexed hereto as Exhibit "A", from William Griffith and William Russell for the construction of a portion of the Smuggler Area Commuter Sidewalk Project; and WHEREAS, the City of Aspen desires to obtain a certain right of way adjoining Lone Pine Road, depicted on the sketch annexed hereto as Exhibit "E", from William Griffith and William Russell in order to extend the Lone Pine Road right-of-way to a full 75 feed and WHEREAS, there exists a hiatus of approximately 6.81 to 8.2 feet in the property line between William Griffith and William Russell's property and the City of Aspen property commonly known as the Hunter Creek Condominiums, all as depicted on the sketch appended hereto as Exhibit "C"; and WHEREAS, there exists another hiatus of approximately 0 to 7 feet in the property line between William Griffith and William Russell's property and Lone Pine Road, all as depicted on the sketch appended hereto as Exhibit "B"; and WHEREAS, William Griffith and William Russell have agreed to convey title to the above referenced Gibson Avenue and Lone Pine Road right-of-ways to the City of Aspen in exchange for receiving title from the City of Aspen of the two property line hiatuses referenced above and the vacation of a portion of Walnut Avenue as described hereinbelow; and Atuchment III Page 1 ! ..-::-. ( !e.,', ~- ,,' .. i ....... ~('....c .,1... \ ~ l~\ '" 1/...... 06.4(;.... (J) (~j ~CD ,--..I c ,... f-I r(i D& " D cti:l >-<1 m--..l .rJ (p D I -.D t.J D(P H -; ;;C,... >-< ,... z'-.. & n-.J 0'-.. C.rJ Z U1 -f -<,... ,... n.. rm 111 Ul ::OD ;;c lJ 9.OGJ ::0 '" fT1 D o ::00 C1T1 fT1 ::0"" +' --..1::0 ......fTj 'n & & " o n ~ 4t35h1.l..!.J.2 05/03/9-1""'9:41. Rec $20nOO B~::: 710 PG~1 -'- C $. (_,,_-)'.,<>4 Silvia Davis, Pitkin Cnty Clerk, Joe WHEREAS, William Griffith and William Russell understand that in accordance with Section 24-5-502 of the Aspen Municipal Code, in determining land available for development, vacated lands shall be excluded from the calculation of available floor area, density or required open space; and WHEREAS, the right-of-ways or portions thereof to be vacated are located entirely within the corporate limits of the City of Aspen; and WHEREAS, the proposed vacation has been reviewed by the City Engineer and a determination made that the petition complies in all respects with the City's Public Rights-of- ways Vacation Policies and the land to be vacated is eligible for vacation pursuant to said policies; and WHEREAS, the proposed vacation will not leave any land adjoining the same without a means of access over an established public right-of-way connecting such lands to an established public street; and WHEREAS, the City Council has determined that the public use, convenience and necessity will no longer require the hereinafter described public right-of-ways or portions thereof. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1. That the portions of Walnut Avenue right-of-way, City of Aspen, Pitkin County, Colorado, described in the legal description and depicted in the sketch appended hereto and made a part hereof as Exhibit "D", shall be, and the same hereby is vacated subject to the reservations set forth below. Section 2. At tachrnent III 2 Page 2 c..j (b ~ .... m IS' to I ~ -D (b D I -D [.J -D .... .... ..... IS' ~ ..... -D lij .... .... " i(1 lij D 11 Gi f;) o 11 .... .j> #356442 05/(:~.' Si.l vj ,~'.l D=:1.""',' ..:\~ ".... ""~"..":..-, 'J '93 09:41 R'ec: $~_ ~. . . . LU.OO Bk Fltkln Cnty Cler" D ' 1-<., oc .....'" 7h.....F'G 992 $.00 That the vacation shall be subject to the City of Aspen granting title to William Griffith and William Russell by quit claim deed of the two hiatuses described and depicted on the annexed Exhibits "B" and "C"; and William Griffith and William Russell granting title to the City of Aspen by quit claim deed the parcels of land described and depicted on Exhibits" A" and "Ell. Section 3. That ownership and title to the lands so vacated shall vest as provided in and by Section 43-2-302. C.R.S. Section 4. That the City Clerk be and hereby is directed, upon the adoption of this ordinance, to record a copy of this ordinance in the Office of the Pitkin County Clerk and Recorder. Section 5. j That the City Engineer be and hereby is directed, upon the adoption of this ordinance, to make all corrections necessary to the Official Map of the City of Aspen. Section 6. That if any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. Section 7. That this ordinance shall not have any effect on existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances amended as herein provided, and the same shall be construed and concluded under such prior ordinances. 3 Attachment III Page 3 (.J (l) --.I .... rlJ ;;; IJ:I I --.I <J) (l) Tl I <J) .p- ;;; .... .... "- ;;; --.I "- <J) t~ .... .... r(1 t~ D Tl GJ (.J o 'T) .... .p- '"' " #356442 05/03/93 ....j' 41. Rec $20.00 Bf':: 710 PG A Si1via Davis, Pitkin Cnty Clerk, Doc $.00 A public hearing on the ordinance shall be held on the .;;re. day of ~, 1993, in the City Council Chambers, Aspen City Hall, Aspen, Colorado. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law by the City Council of the City of Aspen on the k:J.. day of ~ L , 1993. ~ Z. {:1~ John . Bennett, Mayor ' FINALLY adopted, passed and approved this==',", day of ~./ 1993. 9!- ~. l~~- John S. Bennett, Mayor .~~ Smuggler.ord 4 Attachment III Page 4 (-) 0> --.J .... r(1 <9 III I --.J .., 0> "1J I .., ./> .... .... .... " <9 --.J " .., fJ'J .... .... .. r(1 l~ D D GJ ./> o " .... ./> _. , , .387L:::0 8-798 P-94;:' 11/07/95 11:250 PG ~ OF. lL!. Louis H. Buettner Surveying 0040 West Sopris Creek Road Basalt, Colorado 81621 (303-927-3611) EXH IB IT "A" (Property Description) A tract of land located wIthin the property described in the document recorded in Book 435 at page 230 of the records of P,tkin County. The property being situated in Section 7, Township 10 South, Range 84 West of the Sixth PrincIpal Meridian, more fully descrIbed as follows: Commencing at the Center 1/4 Corner of Said Section 7 (a 1954 Brass Cap Monument. the 1978 Center 1/4 Corner Brass Cap Monument bears South 67" 20' 34" East, 2.36 feet therefrom); thence South 31- 26' 56" West, 1012.65 feet to the northwesterly corner of the property described in Book 435 at page 230; thence South 17" 41' East, 309.49 feet along the westerly boundary of said property to the True Point of Beginning; thence continuing along said westerly boundary South 17" 41' East. 27.46 feet to the southwesterly corner; thence South 45" 18' 05" East, 73.91 feet along the property southerly boundary to the southeasterly corner thereof; thence northwesterly along a curve to the rIght 36.76 feet, the radius for said curve being 334.30 feet. (the long cord bearing North 19" 51' 52" West, 36.74 feet); thence North 47" 59' 08" West, 65.13 feet to the True Point of Beginning. Containing 1022.02 square feet more or less. ThIs property descriptIon was prepared by Louis H. 13166. Buettner, LS Attachment III Page 5 387120 b "t. '" 8-7')8 P--,)43 11/07/')5 11:25A PG 6 EXHI BIT "A" (SKETCH) CENTER 1/4 (1954) SEC_ 7, TIOS, R84W. 61n. P.M. N 31026'S611E, 1012.651 N 890 20 W GRI FFITH a RUSSELL ... ; "t. '" ." o ." " CI A' 36.76' Il' 60 lB' R' 334.30' C. 8.' NI9051'52"W C.L.' 36.74' J' "", o >J''''c9t' '~I'?"'''' ~ Attachment III ,- Louis H. Buettner Surveying 0040 W Soprls Creek Basa~, CO B1521 OF 14 z 0 - I- 0 0 S89020'E <( 35' '""' (/l (/l ::E on <( 0 .J I- .J W ;0 ::> .0 0 z ;0 .". .J .". 0 <( 0 0 ;0 0 0 0 '" z 35' N 890 20'W 241.91 .'" '" .'" '" 0' '" , ~ .. llf CJ' ~ I I I I , , , I I '6 ,. 14 N '" o 1.2 0 .J '" 11 Gis So", 4v€, .on <D ;0 -0 .". o o o z Page 6 I": 50' N890 20'W 8 '" II '" o o .J '" 12 '^'-'"e'-_"~"""'.M"_'_"_'^_____........_....__~,,,""~~~,".~._ -, 387120 8-798 P-944 t1/07/95 11,;::5A PG 7 OF iL, Louis H. Buettner Surveying 0040 West Sopris Creek Road Basalt, Colorado 81621 (303-927-3611 ) EXHIBIT "B" (Property Description) A tract of land abutting the property described in the document recorded in Book 435 at page 230 of the records of Pitkin County. The propel-ty being situated ln Section 7, Townshlp 10 South, Range 84 West of the Sixth Principal Meridian, more fully described as follows: Commencing at the Center 1/4 Corner of Said Section 7 (a 1954 Brass Cap Monument, the 1978 Center 1/4 Corner Brass Cap Monument bears South 67" 20' 34" East, 2.36 feet therefrom); thence South 31" 26' 56" West, 1012.65 feet to the northwesterly corner of the property described in Book 435 at page 230; thence South 17" 41' East, 173.64 feet along the westerly boundary of said property to the True Point 'of Beginning; thence cont inuing along said westerly boundary South 17" 41' East, 135.85 feet; thence departing said westerly boundary North 47" 59' OB" West, 9.54 feeL.: thence North 15" 31' 27" West., 127.71 feet to the True Point of Beglnning. Containing 326.83 square feet more or less. This property description was prepared by LCluis H. Buettner. LS 13166. Attachment III Page 7 J ~ ..... LL o OJ o C!. a: ~, OJ CJ' "- r-- 61 "- ..... ..... U1 '<I" CJ' ! C!. OJ CJ' t~ ! CO 61 OJ ..... r-- OJ r') r- o "t- '" ...... " Louis H. Buettner SUlYeylng OO<W W SoPrts CreGk BasaI1, CO 61621 EXHIBIT (SKETCH) "BII ~CENTER 1/4 (1959) SEC. 7, TlOS. R84W, 6'h. P.M. N31026'56"E, 1012.65' "\l ~ '" o ." <' 8S So .9 0,., ~ ~n 'I"t~t~ o N 890 20'W 241.91' GRIFFITH B RUSSELL -'" ^'> .^'> !:! o ^'> , ~ .. fl:>' u' on <D :l: 0 10 .0 -0 I v I 16 0 0 I 0 I z N890 20'W I I 15 6 I '" .. I z .. 0 '.. ". - f- 14 '" S 890 20'E 0 0 35' .. w 13 -on > 10 0 .. '" ::e +. .. ~o :l: f- W ""'Jilt .J -0 " " 0 ::> .J u ,019... 12 U v z v 11 0 '" 0 0 .J :l: 0 .J '8 .J 0 .. 0 ,"If 1" m 0 :l: 0 m , '" z , , 11 12 35' N89020'W CIS SOtv 4 vi'" Attachment III Page 8 ....,,'"' "'.;# 381120 B--198 P-946 11/01/95 11'25A PG 9 OF 14 Louis H. Buettner Surveying 0040 West Sopris Creek Road Basalt, CoLorado 81621 (303-927-3611) EXHIBIT "C" (Property Description) A tract of land located abutting the property described in the document recorded in Book 435 at page 230 of the records of Pitkin County_ The tract being situated in Section 7, Township 10 South, Range 84 West of the Sixth Principal Meridian, mor~ fully described as follows: ) Commencing at the Center 1/4 Corner of Said Section 7 (a 1954 Brass Cap Monument, the 1978 Center 1/4 Corner Brass Cap Monument bears South 67" 20' 34" East. 2.36 feet therefrom); thence South 31" 26' 56" West, 1012.65 feet to the northwesterly corner of the property described in Book 435 at page 230; thence South 89" 20' East. 6.81 feet along the northerly boundary thereof to the True Point of Beginning; thence North 15" 31' 27" West, 6.61 feet to a southerly boundary of the Hunter Creek Condominium as recorded in Plat Book 9 at page 85; thence South 89"20' East, 231.75 f,eet along said southerly boundary; thence South 38" 36' 13" East, 6.20 feet to the northeasterly corner of the proPerty described in Book 435 at page 230~ thence North 89" 20' West. 235.10 feet along the northerly boundary of said property to the True Point of Beginning. Continuing 1482.48 square feet more or less. This property descripti,on was prepared by Louis H. 13166. Buettner, LS ,Attachment 111 Page 9 ",,'- ....., " Louis H. Buettner SUIVEl}'jng 004{) W Soprls Creek Besan, CO 81621 EXHIBIT "c" (SI<ETCH) CENTER 1/4 (19 54) EC.7, TIOS, R84W, 61.. P.M. N 310 2.61 56"E, 1012.651 HUNTER CREEl< CONDOMINIUMS r;'I,TS' 239.56' S 380 ;'S'I;'''[, 8.20' N89020'W (2;'S.IO') 241.91' ..< ~ or. '" GR I FFITH e. RUSSELL ." - or. '" ..;- ..< IJ., 1> o v '" ) --~~/ - '7, '" CD 3: .0 100 I -0 I ... 16 0 I 0 0 , z N 890 20' W ' , , 15 8 , I '" z 0 14 N S 890 20'E I- 35' c c '" 13 '" 10 0 0-: Ul UI ::E 3: '" w ::; '" '" 0 I- 0 u 12 u ... :> ..J ... 11 9 0 0 z 3: 0 ..J 0 ..J 0 ell m 0 '" 0 UI 3: z .l' "so 11 > /0>' 12 -.toll 0",., 35' /, ~ N890 20 W (!) CI. cr U1 OJ - ..< If) '" "- t'- 6i "- - t'- ..;- '" i CI. C) '" t'- , p:, JJ' ~~.., " Attachment III Page 10 .-- r.... " , - ,~,~; Ei ;.:' J. E: IZI 8-798 ~i-"948 11/07/95 11:25A PG 11 OF II, Louis H. Buettner Surveying 0040 West Sopris Creek Road Basalt. Colorado 81621 (303~927-3611 ) EXHIBIT "D" (Property Description) A portion of Walnut Street located in the Section 7, Township 10 South, Range 84 Principal Merldian, and more fully described Williams Addltion ln West of the Sixth as follows: Beginning at the northeasterly corner of Lot 15, Block 2, Williams Addition thence South 00. 40' East, 30.00 feet along the easterly boundary of said Lot 14; thence South 89. 20' East, 35.00 feet; thence North 00. 40' West, 30.00 feet; thence North 89" 20' West, 35.00 feet to the point of beginning. Containing 1050 square feet more or less. ) This property descriptlon was prepared by Louis H. 13166. Buettner, LS Attachment III Page 11 LL o (!) Q. (I !l1 flJ ~ ~ UJ (TO "- r-- (9 "- ~ ~ (TO <t (J> co (J> r-- I <1l '" i)j // r- o ~ <t ~ -0 "i- f" ~ EXHI81T 1'0" (SKETCH) CENTER 1/4 (1954) SEC. 7, TIOS, R84W. 6'..P.M. N 890 20'W GRIFFITH a RUSSELL ~ o ... " 241.91' .w ~ ~ o ., , ~ " 'l)' ". , I , 16 , I r---------- I I I 15 I I S 890 20'E .J' v.$'o > /<9' G .j 0 ISS '.9/,.$'" 0", (' 4",<,. Attachment III 14 '" ~..., ",,;r lOuis H. Buettner Surveying oo,r W SOPrts Creak asan, CO 81621 ~ -0 ..,. o o o Ul SCALE ~ -:...J o 10 _.....~ '0 1":50' J;.. 100 N890 20' W 8 '" z 2 l- e e 0-: <t rn rn 10 I- :::> ::E ~ Z <t -0 ..J '" <t ..J ..,. :t ..J II u 0 0 0 :t ..J 0 OJ z 12 13 :t .0 '" ..,. 12 u 0 0 0 ..J 0 OJ Ul II Page 12 '"' ~'q 387120 8-798 P-950 11/07/95 11~25R PG 13 OF 14 LOU1S H. Buettner Surveying 0040 West Sopris Creek Road Basalt, Colorado 81621 (303-927-3611) EXHIBIT "E" (Property Description) A tract of land located within the document recorded in Book 435 at page Pitkin County. The property being Township 10 South, Range 84 West of the more fully described as follows.: property described in lhe 230 of the records of situated In Section 7, Sixth Principal MerIdian, Commencing at, the Cenler 1/4 Corner of Said Section 7 (a 1954 Brass Cap Monument, the 1978 Center 1/4 Corner Brass Cap Monument bears South 67" 20' 34" East. 2.36 feet therefrom); thence South 31" 26' 56" West, 1012.65 feel to the n6rthwesterly corner of lhe property described in Book 435 at page 230; lhence South 17" 41' East. 173.64 feet along the westerly boundary of said property; thence North 15"31'27" West, 171.61 feet to the northerly boundary of said property; lhence North 89" 20' West, 6.81 feet along said northerly b6undary to the True Point of Beglnning. Containing 561.34 square feet more or less. This property description was prepa!ed by Louis H. 13166. Buettner, LS Attachment #1 Page 13 " Louis H. Buettner SUlVoying 0040 W Soprls Creek Basalt, C01l1G21 EXHIBIT "E" (SKETCH) CENTER 1/4 (1954) SEC. 7, TIOS. R84W, 61.. P.M. 1012.65' S 890 20'E 239 56' N 890 20 W 241.91 ':'. . .. GRIFFITH 6 RUSSELL .'" "> ."> "> 0'" "> ... ~ .. \ ~ .. ~. <t - LL o ..., ~ "t- O' "'" o to <t - , t;L) to OJ on \D ~ 0 10 IlO 100 , '0 , .,. 0 , 16 0 , 0 I z N89020'W I I I 15 8 I r<> I z 0 14 '" l- S 89" 20'E 0, 35' 0 .. 8,s 13 on l- So 0 Ul 10 so;..; Ul :l: ~.I <?!J', ~ .. UJ ~, ~ " " 0 ..J 0 u 12 u .,. I- ..J .,. 0 0 0 ::> 0 II ..J ..J 0 Z ;c 0 "' '" 0 ..J 0 Ul .. z .s ;c "oS' II 0 12 >,t/<l'. 35' ',9 0 /. .s., N89020'W G/s ~ .!' ,0", "'11-- ~ Attacpment III Page 14 - - u") CI' -... t"- '" -... - - iO CI' i Cl. co CI' t"- I ci:: '" OJ - t"- CO t>= MEMORANDUM l-; lob \; fv^D\;V\, 1~81y {I!O~ 101l102- FROM: Plans were routed to those departments checked-off below: X ........... City Engineer X ......... Community Development Engineer 0......... Police Department X ........... Zoning Officer o ........... Housing Director X ........... Parks Department X ........... Aspen Fire Marshal X ........... City Water X ........... Aspen Consolidated Sanitation District o ........... Building Department ~......... Environmental Health X ........... Electric Department X ........... Holy Cross Electric o ........... City Attorney X ........... Streets Department o ........... Historic Preservation Officer o ........... Pitkin County Planning O.........DRC James Lindt, Planner Community Development Department 130 So. Galena St.; Aspen, CO 81611 Phone-920.5095 Fax-920.5439 TO: RE: 700 Gibson Ave. Lot Split '" Parcel ill #2737-073-00-019 DATE: September 25, 2002 COMMENTS: Please review the attached application for a lot split at 700 Gibson Ave. The parcel is currently vacant and the Applicant requests to split the lot into two separate parcels. A DRC Meeting will be held on Wednesday, October 2nd in the Sister Cities Room, Basement of City Hall. Please return comments to John Neiwoehner by October 11 tho DRC Meeting: Comments Due: October 2nd October 11th Thank You, James Lindt ,...", /"'..... "'"" ,-<,",,' Alan Richman, 02:38 PM 09/25/2002 -0600, Re: Griffith Lot Split X-Sender: arichman@mail.sopris.net (Unverified) X-Mailer: QUALCOMM Windows Eudora Pro Version 4.1 Date: Wed, 25 Sep 2002 14:38:33 -0600 To: James Lindt <jamesl@ci.aspen.co.us> From: Alan Richman <arichman@sopris.net> Subject: Re: Griffith Lot Split X-ECS-MaiIScanner: Found to be clean At 01:41 PM 9/25/2002 -0600, you wrote: >Hi Alan, >Do you know the proposed lot areas for the two prospective lots? Lou >Buettner did not include them on his draft plat. > > Thanks, >Jarnes> Lot 1 - 13,700 sq. ft. Lot 2 - 26,363 sq. ft AR Printed for James Lindt <jamesl@ci.aspen.co.us> 1 - - . ASPEN/PITKIN COMMUNITY DEVELOPMENT DEPARTMENT Agreement for Payment of City of Aspen Development Application Fees CITY OF ASPEN (hereinafter CITY) and G{L\'t-~, G"\.", ~e-o~\,,\ \..\...(. (hereinafter APPLICANT) AGREE AS FOLLOWS: 1. APPLICANT has submitted Iq CITY an aPlllication for \....\ S~V, So\'il'~,s'Q~ 'i->,<-~,,~~ (hereinafter, THE PROJECT). ""' 2. APPLICANT understands and agrees that City of Aspen Ordinance No. 49 (Series of (998) establishes a fee structure for Land Use applications and the payment of all processing fees is a condition precedent to a determination of application completeness. 3. APPLICANT and CITY agree that because of the size, nature or scope of the proposed project, it is not possible at this time to ascertain the full extenl of Ihe costs involved in processing the application. APPLICANT and CITY further agree that it is in the inlerest of the parties that APPLICANT make payment of an initial deposit and 10 thereafter permit addilional costs to be billed to APPLICANT on a monthly basis. APPLICANT agrees addilional costs may accrue following Iheir hearings and/or approvals. APPLICANT agrees he will be benefited by retaining greater cash liquidity and will make additional payments upon notificalion by the CITY when Ihey are necessary as costs are incurred. CITY agrees il will be benefited Ihrough the greater certainty of recovering its full costs to process APPLICANT'S application. 4. CITY and APPLICANT further agree Ihat it is impraclicable for CITY staff to complete processing or present sufficient information to Ihe Planning Commission and/or City Council to enable the Planning Commission and/or City Council 10 make legally required findings for project consideration, unless currenl billings are paid in full prior 10 decision. 5. Therefore, APPLICANT agrees thaI in consideration of Ihe CITY's waiver of its right to collect full fees prior to a determination of application completeness, APPLICANT shall pay an initial deposit in the amounl of $ \ 2.. Q 0:; which is for _to hours of Community Development staff time, and if actual recorded costs exceed the initial deposit, APPLICANT shall pay addilional monthly billings to CITY to reimburse the CITY for Ihe processing of Ihe application menlioned above, including post approval review. Such periodic payments shall be made within 30 days of the billing date. APPLICANT further agrees that failure 10 pay such accrued costs shall be grounds for suspension of processing, and in no case will building permits be issued until all costs associated with case processing have been paid. CITY OF ASPEN APPLICANT By: By: ( ..v- A l.-0.v-<>-f.'f> <"<>-..G.v.- tt.R. G-,A4-st're. t:A.or::=-"'-il LL...C? C\ \ 10 I 0 :l. Julie Ann Woods Community Development Director Date: Mailing Address: 10,\ I{\. <;fOL~le. S~...\ ~r Co <?,-\ \0 , \ g: Isupport\formslagrpayas.doc 12/27/99 ." /I~ ;e~ ~v p~ Sew<<.u Zi'~ 3613 ri~ ~ 6'1612 p~7tU (970) 920-1125 September 9, 2002 Mr. Chris Hendon, Senior Planner City of Aspen Community Development Department 130 South Galena Street Aspen, Colorado 81611 RE: GRIFFITH PROPERTY LLC LOT SPLIT Dear Chris, This is an application to subdivide a vacant parcel of land located at 700 Gibson Avenue. This application is being submitted by the Griffith Property LLC (hereinafter, "the applicant"), the owner of the property. Proof of the ownership of the property is provided by Exhibit #1, the title insurance commitment. Authorization for Alan Richman Planning Services to represent the property owner for this application is provided by Exhibit #2. The property consists of approximately 0.9 acres of land (approximately 39,620 sq. ft.) located within the City of Aspen. The property is zoned R-6. The location of the site in relation to neighboring properties is shown on the vicinity map. It shows that the site is located at the corner of Lone Pine and Gibson and is surrounded by single-family and multi-family residential uses. An improvement survey, depicting existing conditions on the property, has been prepared. It shows that the property was improved with a single-family a-frame house. That old, dilapidated structure, which had been vacant for some time, was recently demolished. Although the survey does not depict topography on the property, a visual inspection reveals that this is a relatively flat piece of land, with no physical constraints to development. Vegetation on the property is relatively sparse, with most of the property being covered with low lying brush. The applicant proposes that the property be split into two lots, each of which will contain well in excess of 6,000 sq. ft. of land, meaning that each lot will be conforming in size in the R-6 zone district. Lot 1 will be improved with a single-family house, which will replace the house that has been demolished. Lot 2 will be improved with two detached residences, developed as condominium units on a single parcel of land. Mr. Chris Bendon September 9, 2002 Page Two In conversations the applicant held with the City Engineering Department, it was suggested that the City would prefer the applicant to abandon the existing driveway access near the comer of Gibson and Lone Pine. The proposed plat shows that the applicant agrees to do so. Instead, the applicant plans to access Lot 1 from Walnut Street. Access to the two condominium units on Lot 2 is proposed to corne from a common driveway cut from Lone Pine Road. We held a pre-application conference with you on August 2, 2002 to discuss this project (see Exhibit #3, Pre-Application Conference Summary). Based on this meeting and subsequent contacts with City staff, it was confirmed that the following review procedures were required to accomplish this project: Subdivision Exemption to split the property into two lots; and GMQS Exemptions to develop the proposed residences. Following below are the applicant's responses to the applicable standards of the Aspen Land Use Code for these review procedures. Subdivision Exemption for Lot Split Section 26.480.030 A2 of the Aspen Land Use Code provides the opportunity for an applicant to split a parcel of land into two separate lots via an exemption from subdivision. To obtain the subdivision exemption, the applicant must comply with the following standards: a. The land is not located in a subdivision approved by either the Pitldn County Board of Commissioners or the City Council, or the land is described as a metes and bounds parcel which has not been subdivided after the adoption of subdivision regulations by the City of Aspen on March 24, 1969. Response: The land is a metes and bounds parcel that is not located in a subdivision approved by the City or the County, and that has not previously been subdivided. b. No more than two (2) lots are created by the lot split, both lots conform to the requirements of the underlying zone district. Any lot for which development is proposed will mitigate for affordable housing pursuant to Section 26.100.050(A)(2)(c). Response: As shown on the attached subdivision exemption plat, the applicant proposes to create two (2) lots with this lot split. Each lot will contain in excess of 6,000 sq. ft. Both lots will, therefore, be conforming-sized lots in the R-6 zone district, which has a minimum lot size of 6,000 sq. ft. for a single-family residence and 9,000 sq. ft. for two detached residences. Mr. Chris Bendon September 9, 2002 Page Three The reference to Section 26.100.050(A)(2)(c) is incorrect. That reference is to a section of the former Aspen Land Use Regulations. The correct reference for that former section is to Section 26.470.070 B. of the Land Use Code, which provides a GMQS exemption to develop two detached residences on a pre-existing lot of record. It requires the applicant to provide an accessory dweI1iDg unit, pay the applicable affordable housing impact fee, or record a resident-occupancy deed restriction for the proposed dweI1iDg unit. The applicant agrees to comply with this standard, as is further described below. c. The lot under consideration, or any part thereof, was not previously the subject of a subdivision exemption under the provisions of this Chapter or a "lot split" exemption pursuant to Section 26.470.040(C)(I)(a). Response: The lot has not previously been subject to a subdivision exemption or a lot split. d. A subdivision plat which meets the tenns of this Chapter, and confonns to the requirements of this Title, is submitted and recorded in the office of the Pitkin County Clerk and Recorder after approval, indicating that no further subdivision may be granted for these lots nor will additional units be built without receipt of applicable approvals pursuant to this Chapter and growth management allocation pursuant to Chapter 26.470. Response: A proposed subdivision plat, conforming to the requirements of the Land Use Code, has been submitted with this application. The Applicant anticipates working with the City staff during the review of this application to perfect this plat before it is recorded. The plat contains the required note regarding further subdivision and growth allocations. e. The subdivision exemption agreement and plat shall be recorded in the office of the Pitkin County Clerk and Recorder. Failure on the part of the applicant to record the plat within one hundred eighty (180) days following approval by the City Council shall render the plat invalid and reconsideration of the plat by the City of Aspen will be required for a showing of good cause. Response: The Applicant will record the plat and an agreement (if determined to be necessary) within the specified time frame. f. In the case where an existing single-family dwelling occupies a site which is eligible for a lot split, the dwelling need not be demolished prior to application for a lot split. Response: The applicant acknowledges this standard. Nevertheless, the applicant has previously demolished the existing former single-family dwelling on the property. g. Maximum potential buildout for the two parcels created by a lot split shall not exceed three (3) units, which may be composed of a duplex and a single-family home. Mr. Chris Bendon September 9, 2002 Page Four Response: The applicant proposes to develop three units on the property, consisting of two detached residences and a single-family home. GMQS Exemptions The applicant intends to utilize two growth management quota system exemptions to develop this property. First of all, the applicant is eligible to develop a duplex or two detached dwelling units on a lot of record, pursuant to section 26.470.070 B of the Code. These units are being developed on Lot 2. As a condition of obtaining this exemption, the applicant will comply with one of the housing options provided by the Aspen Land Use Code. If the applicant develops an ADU, it would be located above a detached garage or other detached structure. Alternatively, the applicant may pay the applicable fee in-lieu of developing an on-site ADD. Because the subject property is not comprised of townsite lots, the Applicant is not eligible for a lot split growth management exemption (Section 26.470.070 I of the Code) for the single-family unit on Lot 1. The growth management exemption for that lot is instead being created through the use of a "transferrable development right". A copy of this right is provided as Exhibit #4. A copy of a letter from the City Attorney verifying the legality of this right is attached as Exhibit #5. As stated in the recitals of the TDR, these rights were created as part of a land use approval that preserved the Smuggler Mobile Home Park as affordable housing. These rights are exempt from the allotment procedures of the Growth Management Quota System, and require no additional mitigation in order to develop a single-family unit on Lot 1. Therefore, an accessory dwelling unit is not currently planned for Lot 1. Conclusion In summary, the applicant has submitted all of the requested materials and responded to all applicable Code criteria, pursuant to direction given during the pre-application conference. Sufficient evidence has been provided of the project's compliance with said criteria. Please let me know if there is anything else you require as you review these documents. Very truly yours, ALAN RICHMAN PLANNING SERVICES - ,4.~a.:..P Alan Richman, AICP ,- EXHIBITS - - - EXHIBIT #1 '- ~ Old Republic National Title Insurance Company ALTA COMMITMENT Our Order No. Q383019-2 Schedule A Cust. Ref.: Property Address: 700 GIBSON ASPEN, CO 81611 1. Effective Date: March 15, 2002 at 5:00 P.M. 2. Policy to be Issued, and Proposed Insnred: "ALTA" Owner's Policy 10-17-92 Proposed Insured: THE GRIFFITH PROPERTY, LLC 3. The estate or interest in the land described or referred to in this Commitment and covered herein is: A Fee Simple 4. Title to the estate or interest covered herein is at the effective date hereof vested in: BKA. LLC. A COLORADO LIMITED LIABILITY COMPANY AND ALICE L. GRIFFITH 5. The land referred to in this Commitment is described as follows: SEE ATTACHED PAGE(S) FOR LEGAL DESCRIPTION - - '- Our Order No. Q383OJ9-2 LEGAL DESCRIPTION THE EASTERLY 70 FEET, MORE OR LESS, OF LOTS 15 AND 16, BLOCK 2, WILLIAMS ADDITION, ASPEN. IN PITKIN COUNTY, STATE OF COLORADO, WITHIN THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 7, TOWNSHIP 10 SOUTH, RANGE 84 WEST OF THE SIXTH PRINCIPAL MERIDIAN. ALSO A TRACT OF LAND SITUATED IN THE NE1I4SW1I4 OF SECTION 7, TOWNSffiP 10 SOUTH, RANGE 84 WEST OF THE SIXTH PRINCIPAL MERIDIAN, MORE FULLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE EASTERLY SIDE OF PUBLIC ROAD WHENCE THE CENTER OF SAID SECTION 7, BRASS CAP IN PLACE BEARS N 31 DEGREES 26'56" E 1012.65 FEET; - - THENCE S 17 DEGREES 41' E 336.95 FEET; THENCE S 45 DEGREES 18'05" E 73.91 FEET; THENCE 404.52 FEET ALONG THE ARC OF A CURVE TO THE RIGHT, THE CHORD OF WHICH BEARS N 13 DEGREES 13'33" E 380.29 FEET; THENCE N 89 DEGREES 20' W 241.91 FEET TO THE POINT OF BEGINNING. - TOGETHER WITH: A PORTION OF WALNUT STREET LOCATED IN THE WILLIAMS ADDITION IN SECTION 7, TOWNSHIP 10 SOUTH, RANGE 84 WEST OF THE SIXTH PRINCIPAL MERIDIAN, AND MORE FULLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEASTERLY CORNER OF LOT 15, BLOCK 2, WILLIAMS ADDITION; THENCE SOUTH 00 DEGREES 40' EAST 30.00 FEET ALONG THE EASTERLY BOUNDARY OF SAID LOT 15; THENCE SOUTH 89 DEGREES 20' EAST 35.00 FEET; THENCE NORTH 00 DEGREES 40' WEST 30.00 FEET; THENCE NORTH 89 DEGREES 20' WEST 35.00 FEET TO THE POINT OF BEGINNING TOGETHER WITH: A TRACT OF LAND ABUTTING THE PROPERTY DESCRIBED IN THE DOCUMENT RECORDED IN BOOK 435 AT PAGE 230 OF THE RECORDS OF PITKIN COUNTY. THE PROPERTY BEING SITUATED IN SECTION 7, TOWNSHIP 10 SOUTH, RANGE 84 WEST OF THE SIXTH PRINCIPAL MERIDIAN, MORE FULLY DESCRIBED AS FOLLOWS: - COMMENCING AT THE CENTER 1/4 CORNER OF SAID SECTION 7 (A 1954 BRASS CAP MONUMENT, THE 1978 CENTER 114 CORNER BRASS CAP MONUMENT BEARS SOUTH 67 DEGREES 20'34" EAST, 2.36 FEET THEREFROM); THENCE SOUTH 31 DEGREES 26'56" WEST, 1012.65 FEET TO THE NORTHWESTERLY CORNER OF THE PROPERTY DESCRIBED IN BOOK 435 AT PAGE 230; THENCE SOUTH 17 DEGREES 41' EAST, 173.64 FEET ALONG THE WESTERLY BOUNDARY OF SAID PROPERTY TO THE TRUE POINT OF BEGINNING THENCE CONTINUING ALONG SAID WESTERLY BOUNDARY SOUTH 17 DEGREES 41' EAST, 135.85 FEET; THENCE DEPARTING SAID WESTERLY BOUNDARY NORTH 47 DEGREES 59'08" WEST, 23.51 FEET; THENCE NORTH 11 DEGREES 49'20" WEST, 116.16 FEET TO THE TRUE POINT OF BEGINNING. - - - ...., Our Order No. Q383019-2 LEGAL DESCRIPTION TOGETHER WITH: A TRACT OF LAND LOCATED ABUTTING THE PROPERTY DESCRIBED IN THE DOCUMENT RECORDED IN BOOK 435 AT PAGE 230 OF THE RECORDS OF PITKIN COUNTY. THE .- TRACT BEING SITUATED IN SECTION 7, TOWNSHIP 10 SOUTH, RANGE 84 WEST OF THE SIXTH PRINCIPAL MERIDIAN, MORE FULLY DESCRIBED AS FOLLOWS: - ;1illiI .- - - - .- - ~ ,~ COMMENCING AT THE CENTER 1/4 CORNER OF SAID SECTION 7 (A 1954 BRASS CAP MONUMENT, THE 1978 CENTER 1/4 CORNER BRASS CAP MONUMENT BEARS SOUTH 67 DEGREES 20'34" EAST, 2.36 FEET THEREFROM); THENCE SOUTH 31 DEGREES 26'56" WEST, 1012.65 FEET TO THE NORTHWESTERLY CORNER OF THE PROPERTY DESCRIBED IN BOOK 435 AT PAGE 230; THENCE SOUTH 89 DEGREES 20' EAST, 6.81 FEET ALONG THE NORTHERLY BOUNDARY THEREOF TO THE TRUE POINT OF BEGINNING THENCE NORTH 15 DEGREES 31'27" WEST, 6.61 FEET TO A SOUTHERLY BOUNDARY OF THE HUNTER CREEK CONDOMINIUMS AS RECORDED IN PLAT BOOK 9 AT PAGE 85; THENCE SOUTH 89 DEGREES 20' EAST, 231.75 FEET ALONG SAID SOUTHERLY BOUNDARY; THENCE SOUTH 38 DEGREES 36'13" EAST, 8.20 FEET TO THE NORTHEASTERLY CORNER OF THE PROPERTY DESCRIBED IN BOOK 435 AT PAGE 230; THENCE NORTH 89 DEGREES 20' WEST, 235.10 FEET ALONG THE NORTHERLY BOUNDARY OF SAID PROPERTY TO THE TRUE POINT OF BEGINNING. EXCEPTING FROM THE ABOVE DESCRIBED TRACTS OF LAND THAT PORTION CONVEYED BY WILLIAM E. RUSSELL AND WILLIAM M. GRIFFITH TO THE CITY OF ASPEN IN THE DEED RECORDED JUNE 8,1993 IN BOOK 714 AT PAGE 435 UNDER RECEPTION NO. 357639. COUNTY OF PITKIN STATE OF COLORADO .. '- ALTA COMMITMENT Schedule B-1 (Requirements) Our Order No. Q383019-2 The following are the requirements to be complied with: - Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be insured. - Proper instrument(s) creating the estate or interest to be insured must he executed and duly filed for record, to-wit: 1. EVIDENCE SATISFACTORY TO THE COMPANY THAT THE TERMS, CONDITIONS AND PROVISIONS OF THE TOWN OF ASPEN TRANSFER TAX HAVE BEEN SATISFIED. - 2. GOOD AND SUFFICIENT DEED FROM BKA, LLC, A COLORADO LIMITED LIABILITY COMPANY AND ALICE L. GRIFFITH TO THE GRIFFITH PROPERTY, LLC CONVEYING SUBJECT PROPERTY. '"" NOTE: ITEMS 1-3 OF THE STANDARD EXCEPTIONS ARE HEREBY DELETED. - - NOTE: ITEM 4 WILL BE DELETED FROM OWNERS POLICY UPON RECEIPT OF A SATISFACTORY LIEN AFFIDAVIT. - NOTE: ITEM 5 OF THE STANDARD EXCEPTIONS WILL BE DELETED IF LAND TITLE RECORDS THE DOCUMENTS REQUIRED UNDER SCHEDULE B-1. - NOTE: UPON PROOF OF PAYMENT OF 2001 TAXES, ITEM 7 UNDER SCHEDULE B-2 WILL BE DELETED AND ITEM 6 WILL BE AMENDED TO READ: TAXES AND ASSESSMENTS FOR THE YEAR 2002, AND SUBSEQUENT YEARS, NOT YET DUE OR PAYABLE. ITEM 8 UNDER SCHEDULE B-2 WILL BE DELETED UPON PROOF THAT THE WATER AND SEWER CHARGES ARE PAID UP TO DATE. , ...""'" ALTA COMMITMENT Schedule B-2 (Exceptions) Our Order No. Q383OJ9-2 The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to tbe satisfaction of the Company: 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, shonage in area, encroachments, and any facts whicb 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 theretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commiunent. 6. Taxes and assessments not yet due or payable and special assessments not yet certified to the Treasurer's office. 7. Any unpaid taxes or assessments against said land. 8. Liens for unpaid water and sewer charges, if any. 9. RIGHT OF PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE THEREFROM SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE PREMISES AS RESERVED IN UNITED STATES PATENT RECORDED DECEMBER 24, 1902, IN BOOK 55 AT PAGE 116. 10. RIGHT OF WAY FOR PIPES AND MAINS ACROSS SMUGGLER RANCH, AS SET FORTH IN INSTRUMENT RECORDED MARCH 18, 1885 IN BOOK 24 AT PAGE 59. II. RIGHT OF WAY FOR POLE LINES AND WIRES AS SET FORTH IN INSTRUMENT RECORDED JANUARY 20, 1887 IN BOOK 29 AT PAGE 582. 12. TERMS, AGREEMENTS, PROVISIONS, CONDITIONS AND OBLIGATIONS OF ORDINANCE NO. 19, SERIES OF 1993, RECORDED MAY 3,1993 IN BOOK 710 AT PAGE 990 AS RECEPTION NO. 356442 AND RERECORDED NOVEMBER 7,1995 IN BOOK 798 AT PAGE 938 AS RECEPTION NO. 307120. 13. EASEMENT AND RIGHT OF WAY FOR OVERHEAD POWER LINE AS SET FORTH ON THE SURVEY OF SUBJECT PROPERTY PREPARED BY LOUIS H. BUETTNER, DATED MARCH 31, 2002. ~ '", , \0,../ "..~. ALTA COMMITMENT Schedule B-2 (Exceptions) Our Order No. Q383019-2 The policy or policies to he issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: ~ - 14. ANY AND ALL PROPRIETARY RIGHTS AND/OR INTEREST IN AND TO THAT PORTION OF SUBJECT PROPERTY LYING OUTSIDE OF THE RAIL FENCES AS SET FORTH ON THE SURVEY OF SUBJECT PROPERTY PREPARED BY LOUIS H. BUETTNER, DATED MARCH 31, 2002. - 15. TERMS, AGREEMENTS, PROVISIONS, CONDITIONS, AND OBLIGATIONS OF HOLY CROSS ENERGY, UNDERGROUND RIGHT OF WAY RECORDED AUGUST 17, 1998 UNDER RECEPTION NO. 434513 - ,- - - EXHIBIT #2 -- Mr. Chris Bendon, Senior Planner City of Aspen Community Development Department 130 South Galena Street Aspen, Colorado 81611 ,. RE: GRIFFITH PROPERlY LLC LOT SPLIT ,- Dear Chris, - We hereby authorize Alan Richman Planning Services to act as our designated representative with respect to the land use application being submitted to your office for the property located at 700 Gibson Avenue. Alan Richman is authorized to submit an application for a lot split on our behalf. He is also authorized to represent us in meetings with City staff and the City's review bodies. - Should you have any need to contact us during the course of your review of this application, please do so through Alan Richman Planning Services, whose address and telephone number are included in the land development application. Sincerely, (" '..v-(O Griffith Property LLC Camilla Auger, Managing Partner 709 North Spruce Street Aspen, Colorado 81611 - 544-0745 - - PLANNER: PROJECT: REPRESENTATIVE: - OWNER: TYPE OF APPLICATION: DESCRIPTION: ..... - - - ... - - - EXHIBIT #3 CITY OF ASPEN PRE-APPLICATION CONFERENCE SUMMARY Chris Bendall, 920.5072 DATE: 8.15.02 700 Gibson Lot Split (Griffith property) Alan Richman Camilla Auger One Step - Subdivision Exemption for a Lot Split 12,000+ square foot property in R6 with an existing residence. Applicant wishes to spilt the lot for the development of one single-family house on one lot and the development of a duplex or two single-family residences on the second lot. The futhering parcel currently has the right fur two residences. The development proposal requires one additional development right. Subject parcel is not within the Original Townsite. Newly created lot split parcels outside of the Original Townsite are not eligible fur residential GMQS exemptions by the Director but may be eligible fur a GQMS exemption by extinguishing an existing City TDR created from the Smuggler Mobile Home PaIk. Planner recommends the applicant provide documentation on the City TDR in the application fur review by the City Attorney. Applicant should detennine if legal and physical access from the adjacent Walnut Street is possible. Land Use Code Sectionls) 26.480.030 Subdivision Exemptions To apply, submit the following information: 1. Proof of ownership. 2. Signed fee agreement. 3. Applicant's name, address and telephone number in a letter signed by the applicant which states the name, address and telephone number of the representative authorized to act on behalf of the applicant. 4. Street address and legal description of the parcel on which development is proposed to occur, consisting ofa current certificate from a title insurance company, or attorney licensed to practice in the State of Colorado, listing the names of all owners of the property, and all mortgages, judgments, liens, easements, contracts and agreements affecting the parcel, and demonstrating the owner's right to apply for the Development Application. 5. Total deposit for review of the application 6. 15 Copies of the complete application packet and maps. HPC = 12; PZ = 10; GMC = PZ+5; CC = 7; Referral Agencies = Ilea.; Planning Staff= 1 7. An 8 1/2" by 11" vicinity map locating the parcel within the City of Aspen. .- Review by: Public Hearing: Referral Agencies: Planning Fees: Referral Agency Fees: Total Deposit: ~ - - - - Staff for completeness, DRC, City Council Yes, Applicant must post property and mail notice at least 15 days prior to the hearing. Applicant will need to provide proof of posting and mailing with an affidavit at the public hearing. Engineering, Parks, Streets, Zoning, Water, ACSD Planning Deposit Minor ($1,205) Engineering, Minor ($180) $1,385 (additional hours are billed at a rate of $205/hour) 8, 9. 10. * - ~ '-.',- 11. Site improvement survey including topography and vegetation showing the current status, including all easements and vacated rights of way, of the parcel certified by a registered land surveyor, licensed in the state of Colorado. (This requirement, or any part thereof, may be waived by the Community Development Department if the project is determined not to warrant a survey document.) Proposed plat for subdivision. Additional materials as required by the specific review. Please refer to the application packet for specific submittal requirements or to the code sections noted above. A written description of the proposal and an explanation in written, graphic, or model form of how the proposed development complies with the review standards relevant to the development application. Please include existing conditions as well as proposed. List of adjacent property owners within 300' for public hearing. Copies of prior approvals. 12. 13. Disclaimer: The foregoing summary is advisory in nature only and is not binding on the City. The SI\\IUIIlII)' is based on current zoning, which is subject to change in the future, and upon factual representations that mayor may not be accurate. The SI\\IUIIlII)' does not create a legal or vested right. - ... ~- - . Notes: Existing house does not need to be demolished or otherwise altered to apply for the lot split. Existing non-confonnities (prior to the lot split) may continue for the life of the structure and should be noted on the plat. No new dimensional non-confonnities sha1l be created by the lot split. - EXHmIT #4 ASSIGNMENT OF FREE MARKET DEVELOPMENT RIGHT THIS ASSIGNMENT is given this js-f'day of fY! (f rJ--- ,2002, WEST END PARTNERSHIP III, LLC, a Colorado limite liability company ("Assignor") to DAVID BELFORD ("Assignee") with reference to the following: _,f ~.If - ... A. - .. - .. - - - ,- RECITALS By virtue of (i) the Precise Plan and Subdivision Agreement for Smuggler Mobile Home park recorded in Book 424 at Pages 780, et seQ., of the Pitkin County, Colorado real property records ("Records") and the completion of the development activity contemplated therein, and (ii) the P.D.D. and Subdivision Agreement for The Pitkin Reserve recorded in Book 423 at Pages 417, et seq., and amendments thereto recorded respectively in Book 447 at pages 59, et seQ., and in Book 468 at Pages 853, et seQ., of the Records (collectively herein the "Land Use Agreements"), and the development actively contemplated therein and completed to date, Aspen Mountain Park, a dissolved Colorado partnership ("AMP") had conferred upon it by the City of Aspen, Colorado, nineteen freely transferable and alienable free market development rights ("Development Rights"), which represent exceptions to and exemptions from the free market development allotment review processes of the Growth Management Quota System contained in Article 8, Section8-lOI, et seQ., of the Municipal Code of the City of Aspen ("GMQS"). B. Six of the nineteen Development Rights were utilized in connection with the six sing1e- family residential lots comprising The Pitkin Reserve Subdivision and one of the Development Rights was assigned by AMP to another. C. In connection with the subsequent dissolution of AMP, the remaining twelve Development Rights were assigned by AMP to Levin who, in turn, assigned the twelve Development Rights to AMP. John A. Ellmore II (sic) under Assignment of Free Market Development Right dated April 11,1989, acquired from AMP one (1) of the Development Rights. John A. Elmore II is the same person as John A. Ellmore, II. The Assignment to Assignor was recorded April13, 1989 in Book 589 at Page 944 of the records of Pitkin County, Colorado. West End Partnership III, LLC under Assignment of Free Market Development Right dated July 31, 2000 acquired from John A. Elmore II the development right referenced in Recital D above. The Assignment to Assignor was recorded February 26, 2002 as Reception No. 464389 Assignor is now the owner of the one (1) Development Right referred to. herein. Assignee wishes to acquire from Assignor and Assignor is willing to transfer to Assignee the one (1) Development Right owned by Assignor. Page 1 ~--, H. The one (1) Development Right herein assigned is different from the two (2) Development Rights acquired by John A Elmore II and Lionel Yow on February 6, 1989. IN CONSIDERATION of the foregoing recitals and the sum of Ten Dollars ($10.00) &nd other good and valuable consideration passing from Assignee to Assignor, the receipt, sufficiency and adequacy of which are hereby acknowledged, Assignor hereby assigns unto Assignee the one (1) Development Right referenced in Recital D, E and F hereof (the "Development Right") and, in respect of the foregoing Assignment, Assignor warrants that: - '. - ... - .. - ... ... 3. - - ... 4. WITNESSETH: 1. It is the owner and holder of the Development Right hereby assigned with full and free right to convey, transfer and assign it to Assignee; 2. The Development Right hereby assigned represents a valid and subsisting exemption from or exception to the City of Aspen's GMQ3 approval procedure and is subject to no limitation except as may be expressed in the Land Use Agreements; That which was required to be done under the Land Use Agreements in order fully to vest the Development Right and render its use unconditional has been done, and Assignor will neither do or cause or suffer to be done, by commission or omission, any act or thing that would defeat, interfere with or impair the Development Right hereby assigned; and . The Development Right hereby assigned will enable Assignee to build one free market dwelling unit on property on which the same would be permitted to be built under underlying zoning without having to (a) go throughthe City of Aspen's GMQS approval procedure, or (b) provide any employee housing or cash in lieu thereof. ,~ IN WITNESS WHEREOF, this Assignment has been executed and given as of the day and year first above written. .. - .. - .. - .. .. - ... WEST END PARTNERSHIP III, LLC a Colorado limited liability company \. J ~ 1'" \" \ / 'I' Page 2 ,."'" ,'I '" STATE OF COLORADO }ss. COUNTY OF PITKIN .-.-1 .rr- In ~ The foregoing instrument was acknowledged before me on the L day of I ICl r , 2002 BY Barry Halperin as Manager of 2002 WEST END PARTNERSHIP III, LLC, a Colorado limited liability company, a/k/a West End III Partnership, LLC IIII ". ,'" ... .. .. WITNESS MY HAND AND /f-F~ SpAI-. My commission expires: 5 ;)OB If I - <"" ... .. ,.~".........- ......... ~......_.~~..,. ~--"'~ \ JANICE '_.:OHNSON ': NOTARY?UBLlC i .3~5:.)~;~:~~ !'t.y CO;.~:,,":~~k'-\ .l. I", -'. - ptary Public I .. ... .. - ~ - D:\Oata\Clientli\West End Ptr\West End III PIT, LLaSale ofTDR\As.'.ignmenl.wpd ~ " .. " ... .. Page 3 .. - .. ^,..__...._..~..~__,~~..~.. ". 'N. ",,,,,,,.,~",,,"___,,.,,~,,~,_,_,~~,~,~""""'< EXHIBIT #5 Septernber 9, 2002 III '. Camilla Auger 0709 N. Spruce Aspen, Colorado 81611 THE CITY OF ASPEN OFFICE OF THE CITY ATTORNEY ilO .. '. Re: Smuggler Mobile Par~ Transferable Development Rights .. ... Dear Camilla: .. This is in response to your recent inquiry regarding transferable development rights (TDR's) created as part of the Precise Plan and Subdivision Agreement for Smuggler Mountain Mobile Home Park recorded in book 424 at Pages 780, et seq., and a particular . Assignment Agreement for one of those TDR's. The assignment you provided to me was dated March 1,2002, between West end Partnership, LLC, as Assignor and David Belford as Assignee. . ... - ... .. . I can't give you a legal opinion on the particular assignment of the TDR's you showed me, but based upon my records can state that the history set forth in the assignment appears to be correct. As far as I can tell from the records in my office, there is at least one TDR outstanding, as the original number ofTDR's created have not all been extinguished to date. In sum, I have no reason to believe that the assignment you showed me is not genuine and derives from the original TDR's created as part of the Smuggler Mobile Home Park settlement. I hope the above information is helpful. If you have any questions regarding the above, please let me know. - .. Sincerely, ~!I~ John P. Worcester City Attorney . ... .. ... .. - ,- - 130 SoUTH GALENA STREET" ASPEN, CmoRAoo 81611.1975 . PHONE 970.920.5055 . FAX 970.920.5119 - Printed on RlI'Cvded Paper - Jlrlu\..hrl ret:u ~llt't:"~'''. LIs( OF OWNERS WITHIN 300' OF prPERlY _->,,;. ...~ll'r''''''''''- ...... .) "'VV "" ALLEN DOUGLAS P ALLEN VIRGIL G ARMSTRONG MICHAEL 0 520 E COOPER AVE STE 230 PO BOX 3765 PO BOX 9092 ,.. ASPEN, CO 816t1 ASPEN, CO 81612 ASPEN, CO 81612 <III ASPEN CENTER FOR ENVIRONMENTAL BACSANYI KARLA S BANC PATRICIA A .. STUDIES PO BOX 9226 0298 DEER RUN 100 PUppy SMITH ST .. ASPEN, CO 81611 ASPEN, CO 81612 CARBONDALE, CO 81623 .. .. BARNARD WILLIAM C C/O ZAP HEALTH CLEANING BARRETT WILLIAM A BARTELL NICHELLE - PO BOX 83t3 2418 SANTA BARBARA PO BOX 4496 ASPEN, CO 81612 SANTA BARBARA, CA 93105 ASPEN, CO 81612 .. .. BECKER JANICE BENNIS CLURIE W REV TRST BERNARD SUSAN .. C/O CLURIE BENNIS 37 ALBERT RD 72 ALDER AVE SAN ANSELMO, CA 94960 515 WALNUT STREET RICHMOND SURREY TW10 6DJ - ASPEN, CO 8161 t ENGLAND, - - BETTIO JACK A _ 3875 RIDGEWAY RD LAKEHURST, NJ 08733 BITTNER SHIRLEY MARIE 945 VINE ST ASPEN, CO 81611 BOWMAN JEFFREY M & MELISSA 0 PO BOX 9230 ASPEN, CO 81612 - BROOKES E ALAN PO BOX 5764 _ PLAYA DEL REY, CA 90296 BROOKS MURRAY J 850 GEORGIA AVE WINTER PARK, FL 32789 BUDINGER WILLIAM 504 NOAH LN KEY WEST, FL 33040 ~. BUNEVICH PETER & BRIGITTE 5301 CRACHER BARREL COLORADO SPRINGS, CO 80917 BUSCH JON LOWELL 548 RACE ST ASPEN,CO 81611 BYRUM ALBERT G JR BYRUM PATRICIA 100 LEATHERWOOD CIR MARTINSVILLE, VA 24112 .. - .. CANAS STEFAN 4815 SUGARLOAF RD .. BOULDER, CO 80302-9219 CANTER JERRY & MARC E PO BOX 50443 SANTA BARBARA, CA 93150 CARDER FAMILY INSURANCE PARTNERSHIP C/O WALTERS AMY CARDER 40 MULE DEER TRL LITTLETON, CO 80127 .. - CENTENNIAL ASPEN A LIMITED PARTNERSHIP 100 LUKE SHORT CT ASPEN, CO 81611 CHAPMAN HARVEY G JR & RUTH J 717 KUPULAU DR KIHEI, HI 96753-9349 CAREY PATRICIA - PO BOX 1440 ASPEN, CO 816t2 ... "," CHRISTENSEN CAROLINE I PO BOX 9195 ... ASPEN, CO 81612 CITY OF ASPEN 130 S GALENA ST ASPEN, CO 81611 CLAFFEY W ALTER W TRUST C/O ZAP HOUSE CLEANING PO BOX 8313 ASPEN, CO 81612 - w~ A,lERV@ Address Li;;o;:!ls Laser 5160@ ,J.duuLiI n::::t;U ';:)1 I t:'t:'L.::J, ,..~,^.._^"~.,,..-, '"....._._--~--'."~."'~._-_..-->-_._.._..~,., ,., ..._~-~. USe ,elllf.llalf:: 101' , J.bUv ~ CLAYTON LAURIE PO BOX 5004 ,"" ASPEN, CO 81612 COATES JOHN J JR & MARY ANN PO BOX 25277 OKLAHOMA CITY, OK 73125 .. CREEKSTONE ASPEN LLC _ 4545 POST OAK PL STE 100 HOUSTON, TX 77027 CROUCH DAVID 1323 CHESAPEAKE AVE 2A NAPLES, FL 34102 .. - .. DAVIS SILVIA 509 RACE ST _ ASPEN, CO 81611 DEQUINE SHARON L 713 VINE ST ASPEN, CO 81611 .. - DOWELL RONALD R .. DOWELL MARSHA S 2 APPLEWOOD CT E _ PERRYSBURG, OH 43551 DRISKELL DOUGLAS 200 COTTONWOOD LN ASPEN, CO 81611 .. - DUPPS RALPH LOUIS III PO BOX 3662 .. ASPEN, CO 81612 FABER JOHN A 1401 W PACES FERRY #3401 ATLANTA, GA 30327 - FRANKEL MARIETTA C - 280 EL PUEBLO WY PALM BEACH, FL 33480 - FREI MURIEL PO BOX 2171 ASPEN, CO 81612 - GRIFFITH ANGELINE M 530 WALNUT ST '- ASPEN, CO 81611 .~ .. HAGEN CHRISTINE PO BOX 9313 ASPEN, CO 81612 - HARRIS DAVID G & MARGARET ANN 533 SPRUCE ST ASPEN, CO 81611 ... - HAUENSTEIN WARD & ELIZABETH .. 535 SPRUCE ST ASPEN, CO 81611 HAUER MINEKO 202 COTTONWOOD LN ASPEN, CO 81611 - HECKER ROSE ROSENFIELD AND - ROSENFIELD ANITA 250 RAINTRAIL ROAD - SEDONA, AZ 86351 HELLER PEGGY JO 38817 LOBELIA CIR PALM DESERT, CA 92211 - _AVERY@ Address labels COLLINS CHARLES & JANICE 531 W GILLESPIE AVE ASPEN,CO 81611 DANFORTH DAVID N PO BOX 1863 ASPEN, CO 81612 DIXON DONA J 924 VINE ST ASPEN, CO 81611 DUNCAN JOHN JOHN H DUNCAN SUITE 432 109 N POST OAK LN HOUSTON, TX 77024-7755 FABRIZIO BRUCE P & JUDITH 15922 PACIFIC COAST HWY HUNTINGTON HARBOUR, CA 92649 GREENWALD ALAN PINE BROOK TIRE CO 295 CHANGEBRIDGE RD PINE BROOK, NJ 07058 HABBERSTAD PAUL PO BOX 8091 ASPEN, CO 81612 HARRISON WILLIAM E & CANDACE S PO BOX 7906 ASPEN, CO 81612 HEATH JESSE B JR & HETTA S 606 N SPRING ST ASPEN, CO 81611 HORN MICHAEL A POBOX 10973 ASPEN, CO 81612 laser 5160@ _...'-'"1..1.... ..c~,-" """'C'':l.~' _ HUNT W L & GAYLE G LVG TRST 4939 MEADOWLARK DR oj EL PASO, TX 79922 . HUNTTING STANLEY R & MARGARET A .. PO BOX 505 ALLENSPARK, CO 80510-0505 .. - - ILlCH MARK 1132 VINE ST .. ASPEN, CO 81611 .. .. KERR MICHAEL KRIS LIVING TRUST - 1006 LAUREN LN BASALT, CO 81621 ... .. LAI RICHARD TSENG-YU AND LAI BARBARA ELLEN - 5731 EVOLTAIRE SCOTTSDALE, AZ 85254 - LAURISKI STANLEY E & ROSE M PO BOX 803 ASPEN, CO 81612 LUU CAM THU 435 E MAIN - ASPEN, CO 81611 - MANIE MICHAEL B - PO BOX 11373 ASPEN, CO 81612 - ... - MCCOY MARY L 1/3 _ 811 VINE ST ASPEN, CO 81611 - - _ MELVILLE SUSAN 333 E DURANT AVE _ ASPEN, CO 81611 Yl\AVERY@ Address labels HUNTER CREEK 1045 PARTNERSHIP A MINNESOTA GENERAL PARTNERSHIP 4428 YORK AVE SOUTH MINNEAPOLIS, MN 55410 HYDE ARTHUR C JR PO BOX T ASPEN, CO 81612 JENNINGS RICHARD M 1004 VINE ST ASPEN, CO 81611 KLUG CHRISTOPHER J 911 VINE ST ASPEN, CO 81611 LANGE CHADWICK S JR 300 AABC STE M ASPEN, CO 81611 LEONARD LINDA UND 1/2 INT CHAPMAN KEITH KAREN & KATHY UND 1/2 12213 206TH PL SE ISSAQUAH, WA 98027-8533 LUU TONY PO BOX 795 ASPEN, CO 81612 MARTINSON FREDERICK K PO BOX 3186 ASPEN, CO 81612 MCDONAGH THOMAS G 340 W 57TH ST STE 10P NEW YORK, NY 10019 MENDELSON MEL I MENDELSON ROBERTA L 5412 FRANCISCA WAY AGOURA HILLS, CA 91301 -, I..-':'~ i..~.Ilt-'I..J.~':: h.l. .J.i.Ov~ , HUNTER CREEK LLC 2120 N SEDGWICK CHICAGO,IL 60614 HYKEN MICHELLE R 10% 1128 VINE ST ASPEN,CO 81611 KAUFMAN STEPHEN M FAMILY TRUST 3 RIVERWAY STE 1350 HOUSTON, TX 77056 KRAHE CATHLEEN M TRUST PO BOX 11426 ASPEN, CO 81612 LARSON WENDY L 1316 VINE ST ASPEN, CO 81611-3277 LEONARD LINDA SCHIERSE 1048 VINE ST ASPEN, CO 81611 M R PECK CO 240 E 76TH ST NEW YORK, NY 10021 MAYER HOWARD & PAULINE PO BOX 333 ASPEN, CO 81612 MCDONOUGH ROBERT P 812 VINE ST ASPEN, CO 81611 MIRIN BERNARD PO BOX 7681 ASPEN, CO 81612 Laser 5160@ _..._.~....., ":'-'- _.....;._....:- MOCKLlN HOMEOWNERS ASSOCIATION .. LLC 4545 POST OAK PLACE STE 100 .,. HOUSTON, TX 77027 MOCKLlN PETER & MONICA M PO BOX 807 ASPEN, CO 81612 .. MUHICH JOE ESTATE OF C/O ANGELINE GRIFFITH .. 530 WALNUT ST ASPEN, CO 81611 NEWELL GEORGE PO BOX2179 BOULDER, CO 80306 _ OAKES KEN 204 COTTONWOOD LN _ ASPEN, CO 81611 ORTIZ MICHAEL 520 WALNUT ST ASPEN, CO 81611 - - PARIS JOHN H .. 2222 SANTA MONICA BLVD STE 301 _ SANTA MONICA, CA 90404-2307 PARKS CAROL S 200 NEWBURY BOSTON, MA 02116 - PEEPERS HOLLOW LLC 134 W HOPKINS AVE ,- ASPEN, CO 81611 PERLOV FRANK A 2626 E 4TH AVE DENVER, CO 80206 RACHILLA KALA M ~ PO BOX 3184 ASPEN, CO 81612 RAUCHENBERGER CARL & MERIL YN 1127 S OLD WILKE RD#102 ARLINGTON HEIGHTS, IL 60005 -ROSIN RICHARD & DRITA 28246 FRANKLIN RD - SOUTHFIELD, MI 48034 SANDERS RICHARD ALLEN 2041 BROOKHIGHLAND RIDGE BIRMINGHAM, AL 35242 .. SELLARS KAREN E "PO BOX 8862 ASPEN, CO 81612 - SHERMAN YONEKO SUZUKI 1001 VINE ST ASPEN, CO 81611 .. -SHORE JILL .PO BOX 8673 ASPEN, CO 81612 SHOSTAC DAVID SHOSTAC ALEXES 2509 AIKEN AVE LOS ANGELES, CA 90052 .. - SMITH JAMES F & N LINDSAY -6542 WESTCHESTER ..HOUSTON, TX 77005 SMITH NANCY ROSS 315 J WILLRICH CIR FOREST HILL, MD 21050 .. .. t'AAVERY@ Address Labels ~.:;..:: ;....:.,..!-".u\.;,,:; IV, ;J.iu\,. MOORE THOMAS P & TERRY L 102 RAMA RD BEAVER FALLS, PA 15010 NUGENT KATHRYN M LIVING TRUST THE TAMALPAIS POBOX 6690 SNOWMASS VILLAGE, CO 81615 OSTER JEREMY POBOX 11689 ASPEN, CO 81612 PAULSON WILLIAM T PO BOX 7693 ASPEN, CO 81612 PRYMAK BILL 1530W10THAVE BROOMFIELD, CO 80020 RIDLING JERRY B & MURIEL M 1110 STONYBROOK DR NAPA, CA 94558 SARNO JOHN J JR 2001 REV TRUST C/O MARY ANN SARNO TRUSTEE 6 EUSTIS ST STONEHAM, MA 02180 SHIFRIN CAROLINE 947 VINE ST ASPEN, CO 81611 SKADRON STEVEN J 1022 VINE ST ASPEN, CO 81611-3272 SPEER CHRISTINE 1400 VINE ST ASPEN, CO 81611-3292 Laser 5160@ JlilUVll1 n:t:u .;)ltt:t:L~" V.;;.-.;; ~';'iltJl.cilt: IUl JJ.Uv- STALLONE ROBERT A 1049 VINE ST ASPEN, CO 81611 STANLEY NANCY C 8918 BURTON WY #4 BEVERLY HILLS, CA 90211 STITT KENDRA LEIGH IRREV TRUST 1450 SILVER KING DR ASPEN, CO 81611 ". TANGUAY MICHAEL L TAYLOR LAKE EQUITY VENTURE LLC TORNARE RENE . 319AABC#G 728 E FRANCIS 308 W HOPKINS AVE ASPEN, CO 81611-3516 ASPEN, CO 81611 ASPEN, CO 81611 .. - - TOWNSEND R JAMES TRAN DANNY TRAN HONG HUONG PO BOX 8145 0716 VINE ST 814 W BLEEKER ST #C1 ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81611 '... TULLY LISA UHLHORN FLORENCE M VILIS PASTS - 908 VINE ST 991 ISLAND PARK DR 30 WILLETT POND DR ASPEN, CO 81611 MEMPHIS, TN 38103 WESTWOOD, MA 02090 ... VOLK RICHARD W FAMILY RESID TRUST WElL JONAS WEISS RONALD K & JODI L 1/2 PO BOX 7963 3000 TOWN CENTER STE 540 2327 MIMOSA DR ASPEN, CO 81612 SOUTHFIELD, MI 48075 HOUSTON, TX 70719 WENDLING NAN JEAN " 1335 VINE ST ASPEN, CO 81611-3378 WENZEL KAREN M 1125 VINE ST ASPEN, CO 81611 WERTZ JEFFREY LARKIN & L1MOR Z PO BOX 3865 ASPEN, CO 81612 WHITNEY PATRICIA A 1030 VINE ST .. ASPEN, CO 81611 WIENER WILLIAM B JR 333 TEXAS STE 2375 SHREVEPORT, LA 71101 WIENER WILLIAM B JR 401 MARKETST#1110 SHREVEPORT, LA 71101 WILLARD CHARLES LAWSON IV - 238 PRESIDIO AVE SAN FRANCISCO, CA 94115 WILLIAMS DONALD R & NANCY 365 LARIMORE VALLEY DR WILDWOOD, MO 63005 WIMBERLY THOMAS FELTON III 9325 STEAMBOAT ISL RD NW OLYMPIA, WA 98502 '. ... - WOLOSHIN MELVYN A & ROBERTA S .. PO BOX 7107 WILMINGTON, DE 19803 YOUNG DENNIS & ANDREA PO BOX 133 ASPEN, CO 81612 ZUPANCIS ROBERT L PO BOX 11481 ASPEN, CO 81612 - .. - .. - .. dAVERY@ Address Labels Laser 5160@ ",........ \ , .. .. ... .. ... DRAWINGS .. - .. ... .. .. - ... ... ... - - - II ~hI --d .IIIPl I I! I d", llfllll>1A 03 'a4Iy '!t' -'lID ... .... ..... .... A1.IaaO.Id Q1mpf) ... - - ~@ - ... - ... - ... - ... - ... - ... - ... - ... - ... - ... - ... - ... - ... ... - - ... - ... 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