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HomeMy WebLinkAboutcoa.lu.ec.620 W Bleeker St. Lot Split 0051.2005.aslu620 W. Blee er Lot Split & TUK's -9-73512431801 Case 0051.2005.ASLU --- C EI C KI _._.._._______.._.. � _........ -.. File Edit Record Navigate Form Reports Format Tab Help Module Help - C-ondrtions 1 Sub Permits YaMsa6on lwcCr rt ' Attachments Main ( RogtingStatus � Arch/Eng Parce}s i CwtomFjelds ( Fee,4 I FeeStamwY , motions I RoutirgJjistory ' Permit Type aslu Aspen Land Use 2004 PerrrA tt 10051.M0 ASLU Address 1620 W BLEEKER ST J Apt/StAa City ASPEN StateFCO —�] Zip 181611 J Permit Information Master Perrrwt 1 -- -- Rou&V Qtaeue �— Applied 06/17/2005 __J ry Protect F-- .J Stahx Fp;;iv—-- APaoved F— Oescnption LOT SPLIT AND TRANSFERABLE DEVELOMENT RIGHTS Issued j Final Sttm+itted ISTAN CLAUSON ASSOC 925.2323 Clods Rur—V Days i Expires F�/12/2006 J f-- Vable and* web? Pamit ID: �34640 Owner -- - Last Name SPEN HISTORICALSOCI FntName 620 W BLEEKER ST SPEN CO 81611 Phone �- 1< Enter Y (or check) it the owner is also the applicant otherwise enter N (or unchecked) view oat CA G q 0 zOo s Record: 3 of 11 J THE CITY OF ASPS\ City of Aspen Community Development Dept Invoice Cases 0076.2004.ASLU Invoice date 06/15/05 To: Camilla Auger, President Meridian Capital Group Inc. 225 N. Mill St. Suite 208 Aspen, CO. 81611 BALANCE DUE THIS INVOICE (includes past due invoice amount) $10477.50 New Hours: 3/30/05 - 1 hr. - Ordinance amendments 4/4/05 -.5 hr. - Ordinance amendments 4/14/05 -.5 hr. - Ordinance amendments Billing 3/15 thru 4/15 = 2 hours. 4/25/05 - .5hr - final ordinance review 4/25/05 - .5 hr - plat review 5/3/05 -.5 hr - Park agreement memo 5/9/05 - .25 hr - Park agreement w/ CC 5/26/05 - .5 hr. - plat review 5/27/05 - .5 hr - plat review 6/6/05 - 1.5 hr. - plat and SIA review 6/8/05 -.5 hr. - mtg. w/ Camilla 6/9/05 - 1 hr. - SIA review 6/14/05 - 1 hr. - SIA review 6/15/05 - .5 hr. - SIA and plat w/ Stan and Curt 6/16/05 - Ihr. - clean and close file Billing 4/16 thru 6/16 = 8.25 hours ORDINANCE N0.40 (SERIES OF 2005) AN ORDINANCE OF THE ASPEN CITY COUNCIL APPROVING THE ASPEN HISTORICAL SOCIETY LOT SPLIT, CONDITIONAL USE, AND ESTABLISHMENT OF SIXTEEN (16) HISTORIC TRANSFERABLE DEVELOPMENT RIGHTS FROM PARCEL 2 OF THE LOT SPLIT, 620 W. BLEEKER STREET, CITY OF ASPEN, PITKIN COUNTY, COLORADO. Parcel ID#2735-124-31-801 WHEREAS, the Community Development Department received an application from the Aspen Historical Society ("Applicant"), requesting approval of a subdivision exemption request for a lot split, a conditional use, and the establishment of sixteen (16) historic transferable development rights, to split off a 9,000 square foot parcel from the 53,400 square foot property at 620 E. Bleeker Street (Wheeler/Stallard Museum) and sell the development rights associated with the 9,000 square foot parcel in the form of sixteen (16) historic transferable development rights of 250 square feet each; and, WHEREAS, pursuant to Land Use Code Section 26.304.060(B), Combined Reviews, the Community Development Director in consultation with the applicants has concluded that a combined review of the land use requests associated with this application would reduce duplication and ensure economy of time, expense, and clarity; and, WHEREAS, upon review of the application and the applicable code standards, the Community Development Department recommended approval of the proposal, with conditions; and, WHEREAS, during a duly noticed public hearing on August 16, 2005, the Planning and Zoning Commission reviewed the Conditional Use portion of the application and approved Resolution No. 27, Series of 2005, recommending that City Council approve the requested conditional use to establish the existing operational characteristics and dimensions for the museum use on the smaller 44,400 square foot parcel that would result from the associated lot split; and, WHEREAS, during a duly noticed public hearing on October 11, 2005, the Aspen City Council approved Ordinance No. 40, Series of 2005, by a to (-- � vote, approving with conditions, a lot split, a conditional use, and the establishment of sixteen (16) historic transferable development rights, to split off a 9,000 square foot parcel from the 53,400 square foot property at 620 E. Bleeker Street (Wheeler/Stallard Museum) and sell the development rights associated with the 9,000 square foot parcel in the form of sixteen (16) historic transferable development rights of 250 square feet each; and, WHEREAS, the Aspen City Council has reviewed and considered the development proposal under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered the recommendation of the Planning and Zoning Commission, the Community Development Director, the applicable referral agencies, and has taken and considered public comment at a public hearing; and, WHEREAS, the City Council finds that the development proposal meets or exceeds all applicable development standards and that the approval of the development proposal, with conditions, is consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS, the City Council finds that this Ordinance furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO THAT: Section 1 Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, City Council hereby approves the Aspen Historical Society lot split, conditional use, and the establishment of sixteen (16) historic transferable development rights, to split off a 9,000 square foot parcel from the 53,400 square foot property at 620 E. Bleeker Street (Wheeler/Stallard Museum) and sell the development rights associated with the 9,000 square foot parcel (Parcel 2 of the Lot Split) in the form of sixteen (16) historic transferable development rights of 250 square feet each, with the conditions contained herein: Section 2: Subdivision Exemption Plat and Agreement The Applicant shall record a subdivision exemption agreement that meets the requirements of Land Use Code Section 26.480 within 180 days of approval. Additionally, a subdivision exemption plat shall be recorded in the Pitkin County Clerk and Recorder's Office within 180 days of the final approval and shall include the following: a. A final plat meeting the requirements of the City Engineer showing the boundaries of Parcel 1 and Parcel 2 of the Aspen Historical Society Lot Split. b. A plat note indicating that the allowable FAR on Parcel 2 of the Historical Society Lot Split (9,000 square foot parcel) shall be equal to the 4,080 square feet allowed minus the amount of FAR sold off as TDRs (16 TDRs multiplied by 250 square feet each equals 4,000 square feet) due to the establishment of the sixteen (16) transferable development rights from Parcel 2. The plat note shall also indicate that the Historical Society proposed to sterilize and forgo the remaining 80 square feet of FAR on Parcel 2, a condition which the City accepts. Section 3: Museum Parcel Allowable FAR The allowable FAR for the museum use on the revised museum parcel (parcel consisting of 44,400 square feet after the lot split) shall be limited to the FAR of the existing museum structure and associated carriage house (calculated to be 5,793 square feet by the Applicant). Section 4: Amendments to Museum Conditional Use Any changes to the existing development or operational characteristics of the museum shall require review and approval of a conditional use amendment by the City of Aspen Community Development Director or Aspen Planning and Zoning Commission, depending on the magnitude of the change. The Community Development Director shall determine whether such an amendment shall require review by the Planning and Zoning Commission based on the procedures and guidelines established in Land Use Code Section 26.425, Conditional Use. Section 5: Development on Parcel 2 The 9,000 square foot parcel (Parcel 2 of the Lot Split) created through the lot split request shall not be used for anything other than the establishment of sixteen (16) Historic TDRs to be sold and used on other parcels of land throughout the City of Aspen pursuant to the procedures and guidelines established in Land Use Code Section 26.535, Transferable Development Rights. A plat note to this affect shall be included on the lot split plat to be recorded as required in Section 2 above. Section 6: Establishment of TDRs The sixteen (16) Historic Transferable Development Rights being established herein shall only be extinguished in compliance with the requirements established in Land Use Code Section 26.535.060, Procedure for Extinguishing a Historical Transferable Development Right Certificate, and Land Use Code Section 26.535.080, Review Criteria for Extinguishment of a Historic Transferable Development Right, in effect at the time of extinguishment. A mutually agreed upon real estate closing date shall be scheduled between the City and the Applicant, at which time a deed restriction shall be executed and recorded (at the Pitkin County Clerk and Recorder's Office) for Parcel 2, removing the 4,000 square feet (250 square feet of FAR multiplied by 16 TDRs) of allowable FAR from the parcel, and executing and delivering sixteen (16) Historic Transferable Development Right Certificates to the Applicant numbered: HSLot2-1 through HSLot2- 16. The real estate closing and the establishment of the Historic Transferable Development Right Certificates shall only take place after the recordation of the subdivision exemption agreement and plat. Section 7• This Ordinance shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be construed and concluded under such prior ordinances. Section 8• 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 9• A public hearing on the ordinance shall be held on the 1 lth day of October, 2005, in the City Council Chambers, Aspen City Hall, Aspen, Colorado, fifteen (15) days prior to which hearing a public notice of the same shall be published in a newspaper of general circulation within the City of Aspen. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the 12'h day of September, 2005. Helen Kalin Klanderud, Mayor Attest: Kathryn S. Koch, City Clerk FINALLY, adopted, passed and approved by a vote of to this 11 d, day of October, 2005. Helen Kalin Klanderud, Mayor Attest: Kathryn S. Koch, City Clerk Approved as to form: John P. Worcester, City Attorney VVI Pa MEMORANDUM TO: Mayor Klanderud and City Council THRU: Chris Bendon, Community Development Director rM FROM: James Lindt, Senior Planner, RE: Aspen Historical Society Conditional Use Review, Lot Split, and Establishment of Historic Transferable Development Right Certificates, 2nd Reading of Ordinance No. 40, Series of 2005-Public Hearing DATE: October 11, 2005 APPLICANT: Aspen Historical Society LOCATION: 620 W. Bleeker Street ZONING: R-6 Zone District REVIEW PROCEDURE: Lot Split, Establishment of Historic TDRs, Conditional Use: City Council shall approve, approve with conditions, or deny the request for the Subdivision Exemption for a Lot Split, and the Establishment of Historic TDRs. The Applicant also requested the ability to combine the review of the conditional use request with the other land use actions being requested pursuant to Land Use Code Section 26.304.060(B)(1), Combined Reviews. Therefore, City Council shall also be the final review authority on the conditional use request after considering a recommendation from the Planning and Zoning Commission. STAFF RECOMMENDATION: Approval with conditions. PLANNING AND ZONING COMMISSION RECOMMENDATION ON CONDITIONAL USE: Approval with Conditions. Photo Above: Wheeler/Stallard Museum. Photo Above: Portion of Parcel to be split off from Historical Society Parcel. SUMMARY: The Aspen Historical Society ("Applicant") has requested approval of a lot split to split off a 9,000 square foot portion of the existing 53,400 square foot Wheeler/Stallard Museum parcel at 620 W. Bleeker Street and sell off the development rights in the form of Historic Transferable Development Rights (TDRs). The conditional use request is necessary to establish the existing dimensional requirements and operations for the Wheeler/Stallard Museum on the new museum parcel size of 44,400 square feet (after the lot split) since the museum use is a conditional use in the R-6 Zone District in which it is located. It should be noted that the Applicant has proposed to sell off all of the development rights as Historic TDRs on the 9,000 square foot lot to be created through the proposed lot split and the new 9,000 square foot lot will contain no new development. LAND USE REQUESTS AND PROCEDURES: The Applicant has requested approval of the following land use actions: • Subdivision Exemption for a Lot Split. • Establishment of Historic Transferable Development Rights. • Conditional Use Review. The Applicant has also requested the ability to combine the review of the conditional use request with the review of the lot split and TDR establishment requests pursuant to Land Use Code Section 26.304.060(B)(1), Combined Reviews. In response to the Applicant's request to combine the reviews, the Community Development Director has approved the ability to combine the reviews of the conditional use request and the other requests so that City Council is the final review authority on all of the actions, finding that combining the reviews will ensure clarity. STAFF COMMENTS: As was described above, the Applicant is proposing to split off a 9,000 square foot parcel on the southwest corner of the existing museum parcel in order to sell off the development rights associated with the new parcel pursuant to the City's Historic TDR program. As a result of establishing the new lot for the purpose of selling off TDRs, the new 9,000 square foot lot would be sterilized from development. Lot Split: The proposed lot split appears to satisfy the review standards for approving a lot split pursuant to Land Use Code Section 26.480/030(A)(2), Lot Split. The proposed lot split does not split the parcel into more than two (2) lots and the lot sizes conform to the minimum lot size requirements of the underlying R-6 Zone District, in that each of the proposed parcels exceed 6,000 square feet. Additionally, the proposed lot split would not create a non -conformity with regards to the existing conditions as long as the associated conditional request is approved to establish the allowable dimensions and operational requirements for the museum use as what currently exists on the site. Please see Staffs discussion on the conditional use request below. Conditional Use: Impacts of Proposal on Museum Operations: In evaluating the request to establish the allowable dimensions and operations for the museum use on the property as the existing museum dimensions and operations, Staff does not believe that proposal will have any visual or operational impacts on the site. Moreover, the Applicant will be able to split the lot and sell off the proposed sixteen (16) TDRs since the lot split will not create a non -conformity with regards to the FAR of the existing buildings on the site, given that the museum FAR will be locked in as a result of the conditional use request. The Planning and Zoning Commission reviewed the conditional use portion of the application and unanimously recommended that City Council approve the conditional use request with the conditions proposed in the attached ordinance. Growth Management: As far as growth management is concerned, no employee housing mitigation is required to split the lot and sell off the sixteen (16) TDRs from the newly created 9,000 square foot parcel because the fathering parcel is exempt from growth management pursuant to Land Use Code Section 26.470.070(A)(4), Exempt Development: Single family and Duplex Development on Historic Landmark Properties, since it is designated to the Aspen Inventory of Historic Sites and Structures. Additionally, the establishment of TDR certificates is exempt from growth management pursuant to Land Use Code Section 26.470.040(A)(6), Exempt Development: Transferable Development Rights. ISSUES FROM FIRST READING: Sharinjz Impact of'Extinguishina Historical Society's TDRs with the County: At first reading of the ordinance, City Council discussed whether to set up a work session with the Board of County Commissioners to talk about setting up a program to land TDRs in the County, since there had been some discussion that was brought to Staff s attention that implied that the County should share in absorbing the impact of extinguishing the Historical Society's TDRs. It was apparent based on Council's comments at first reading that the majority of the Council members feel that setting up a process by which the County would receive historic TDRs or any TDRs from the City would be contrary to the infill program's philosophy and AACP's policies of concentrating growth within the City and limiting growth outside the City's confines. Future Lot Splits: City Council inquired about whether the Historical Society could split off additional parcels from the Wheeler/Stallard property in the future for the creation of more than the sixteen TDRs that they are proposing to create as part of this application. In looking at the lot split review standards, there is a criterion that requires that the two parcels created by the lot split could not be divided further through the lot split process pursuant to Land Use Code Section 26.480.03 0(A)(2)(c). Alternatively, the Applicant could apply for a full subdivision in the future to further subdivide the parcel on which the museum is located, but they would also need to obtain development rights for parcels created by such a subdivision prior to establishing additional TDRs. In conjunction with such a request, the Applicants would need a conditional use approval to establish the museum conditional use on a smaller parcel as they have requested in conjunction with their current lot split application. If City Council does not want the Historical Society to be able to subdivide the parcel further in the future to create additional TDRs, Staff would recommend that Council amend Section 3 of the proposed ordinance to add language prohibiting further subdivision of the museum parcel. It should be noted, however, that a future Council could reverse this restriction. Restrictions on Wheeler/Stallard Museum: At first reading of the proposed ordinance, a member of the public suggested that the City look at our policy regarding our acknowledgement and enforcement of private restrictions, covenants, and easements that the City is not party to. Related to this case, the charter of the Wheeler/Stallard Museum and the associated warranty deed from the Paepcke Estate (re -attached as Exhibit "C") apply private covenant restrictions on the museum that states that the site should only be used as a museum and that the unimproved land on the site be used for a public park. This is a private covenant restriction, for which the City has no jurisdiction to enforce. The City Attorney has interpreted that the City has no legal right or responsibility to enforce such private restrictions. As a practical matter, there are numerous private restrictions (private homeowner restrictions, private deed restrictions, and private easements) that are in place throughout the City, many of which are not compliant or consistent with the terms of the land use code, which would be very difficult for Staff to enforce even if the City had the legal right and responsibility to enforce them. Nonetheless, Staff feels that the proposal would be consistent with this restriction in that the Applicant is not proposing to develop any additional structures on the site. Staff has included a condition of approval reinforcing that no additional development will occur on the fathering parcel consisting of 53,400 square feet without obtaining a conditional use amendment and that the new parcel to be created through the lot split be sterilized from development due to the creation of the proposed sixteen (16) TDRs. STAFF RECOMMENDATION: Staff finds that the applicable review standards have been satisfied by the proposal and Staff recommends approval of the proposed lot split, conditional use, and establishment of sixteen (16) Historic TDRs with the conditions contained in the proposed ordinance. PLANNING AND ZONING COMMISSION RECOMMENDATION: The Planning and Zoning Commission reviewed the proposed conditional use request and unanimously recommended that City Council approve the request with conditions. The Planning and Zoning Commission's resolution was attached in the first reading packet and meeting minutes are attached as Exhibit "F". CITY MANAGER'S COMMENTS: RECOMMENDED MOTION: (ALL MOTIONS ARE MADE IN THE AFFIRMATIVE) "I move to approve Ordinance No. 40, Series of 2005, approving with conditions, the Aspen Historical Society Lot Split, Conditional Use, and Establishment of sixteen (16) Historic TDRs at 620 W. Bleeker Street, City and Townsite of Aspen." ATTACHMENTS: Exhibit "A"- Review Criteria and Staff Responses Exhibit "B"- Application (Provided in 1'` Reading Packet) Exhibit "C"- Warranty Deed Exhibit "D"- County Referral Comments (Provided in 1" Reading Packet) Exhibit "E"- Planning and Zoning Commission Resolution (Provided in 1" Reading Packet) Exhibit "F"- Planning and Zoning Commission Minutes EXHIBIT A HISTORICAL SOCIETY LOT SPLIT REVIEW CRITERIA & STAFF FINDINGS 26.480.030 Standards applicable to all lot splits. When considering a development application for a lot split, City Council shall consider whether all of the following standards are met, as applicable. 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. This restriction shall not apply to properties listed on the Aspen Inventory of Historic Landmark Sites and Structures. Staff Finding The Wheeler/Stallard parcel is not located in a subdivision approved by the B.O.C.C. or by City Council. 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 26.470.040(B)(1). Staff Finding The proposed lot split does not split the parcel into more than two (2) lots and the lot sizes conform to the minimum lot size requirements of the underlying R-6 Zone District, in that each of the proposed parcels exceed 6,000 square feet. Additionally, the proposed lot split would not create a non -conformity with regards to the existing conditions as long as the associated conditional request is approved to establish the allowable dimensions and operational requirements for the museum use as what currently exists on the site. 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)(1)(a). Staff Finding Staff finds that the subject property 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 on the parcels created by this lot split. Additionally, receipt of applicable growth management approvals would be required to construct an additional unit on this site pursuant to Chapter 26.470. The required subdivision plat with a note allowing no further subdivision of the newly created parcels, 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. Staff Finding No single-family residence exists on the property currently. Therefore, Staff finds this criterion not to be applicable to this application. 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 for a Lot Split, the Applicant proposes to sell of the development rights associated with the development that would be allowed on the new 9,000 square foot parcel in the form of Historic TDRs. There will be no additional dwelling units built as a result of this lot split proposal. Staff finds this criterion to be met. EXHIBIT A HISTORICAL SOCIETY ESTABLISHMENT OF HISTORIC TDRs REVIEW CRITERIA & STAFF FINDINGS 26.535.070 Standards applicable to an Establishment of Historic TDRs When considering a development application for the Establishment of Historic TDRs, City Council shall consider whether all of the following standards are met, as applicable. A. The Sending Site is a Historic Landmark on which the development of a single- family or duplex residence is a permitted use, pursuant to Chapter 26.710. Properties on which such development is a conditional use shall not be eligible. Staff Finding The sending site is the new parcel that is to be separated from the Wheeler/Stallard parcel. The new lot would have the ability to have a single-family or duplex constructed on it since it is zoned R-6. Also, since the fathering parcel is designated as a historic landmark, the new parcel to be created through the lot split also maintains the historic designation. Staff finds this criterion to be met. B. It is demonstrated that the Sending Site has permitted unbuilt development rights, for either a single-family or duplex home, equaling or exceeding two -hundred and fifty (250) square feet of Floor Area multiplied by the number of Historic TDR Certificates requested. Staff Finding If the associated lot split request is approved, the new parcel will have 4,080 square feet of allowable FAR for the development of a duplex or 3,660 square feet of allowable FAR for a single-family residence. The sixteen (16) TDRs proposed equate to 4,000 square feet of FAR to be sold off. Staff finds this criterion to be met. C. It is demonstrated that the establishment of TDR Certificates will not create a nonconformity. In cases where nonconformity already exists, the action shall not increase the specific nonconformity. Staff Finding The establishment of TDR Certificates will not create a non -conformity. If the associated lot split is approved, the new parcel will have a total of allowable FAR of 4,080 square feet. The establishment of sixteen (16) TDRs will equate to 4,000 square feet. Staff finds this criterion to be met. D. The analysis of unbuilt development right shall only include the actual built development, any approved development order, the allowable development right prescribed by zoning, and shall not include the potential of the Sending Site to gain Floor Area bonuses, exemptions, or similar potential development incentives. Staff Finding If the associated lot split is approved, the Applicant will have 4,080 square feet of unbuilt, allowable FAR pursuant to the R-6 Zone District requirements. Staff finds this criterion to be met. E. Any development order to develop Floor Area, beyond that remaining legally connected to the property after establishment of TDR Certificates, shall be considered null and void. Staff Finding If the associated lot split is approved, the new parcel will have a total of allowable FAR of 4,080 square feet. The establishment of sixteen (16) TDRs will equate to 4,000 square feet. Staff finds this criterion to be met. F. The proposed deed restriction permanently restricts the development of the property (the Sending Site) to an allowable Floor Area not exceeding the allowance for a single-family or duplex residence minus two hundred and fifty (250) square feet of Floor Area multiplied by the number of Historic TDR Certificates established. The deed restriction shall not stipulate an absolute Floor Area, but shall stipulate a square footage reduction from the allowable Floor Area, as may be amended from time to time. The Sending Site shall remain eligible for certain Floor Area incentives and/or exemptions as may be authorized by the City of Aspen Land Use Code, as may be amended from time to time. The form of the deed restriction shall be acceptable to the City Attorney. Staff Finding A deed restriction will be recorded sterilizing the new 9,000 square foot parcel to be created through the lot split from future development since the floor area will be allocated for Historic TDRs. Staff finds this criterion to be met. G. A real estate closing has been scheduled at which, upon satisfaction of all relevant requirements, the City shall execute and deliver the applicable number of Historic TDR Certificates to the Sending Site property owner and that property owner shall execute and deliver a deed restriction lessening the available development right of the subject property together with the appropriate fee for recording the deed restriction with the Pitkin County Clerk and Recorder's Office. Staff Finding Upon approval of the establishment of the sixteen (16) TDRs and the associated land use requests, the City shall schedule a real estate closing to execute the deed restrictions and deliver the applicable TDR Certificates. Staff finds the criterion to be met. H. It shall be the responsibility of the Sending Site property owner to provide building plans and a zoning analysis of the Sending Site to the satisfaction of the Community Development Director. Certain review fees may be re(pired for the confirmation of built Floor Area. Staff Finding The sending site will be a vacant, newly created parcel. Therefore, no confirmation of the existing FAR is necessary since the site is vacant. EXHIBIT A HISTORICAL SOCIETY CONDITIONAL USE REVIEW CRITERIA & STAFF FINDINGS 26.425.040 Standards applicable to all conditional uses. When considering a development application for a conditional use, the Planning and Zoning Commission shall consider whether all of the following standards are met, as applicable. A. The conditional use is consistent with the purposes, goals, objectives and standards of the Aspen Area Community Plan, with the intent of the zone district in which it is proposed to be located, and complies with all other applicable requirements of this Title; and Staff Finding Staff believes that the proposed conditional use amendment is consistent with the goals set forth in the AACP related to preserving Aspen's irreplaceable historic resources by acting as part of the catalyst in allowing for the Historical Society the ability to create sixteen (16) TDRs to sell off in order to remain viable financially. Moreover, Staff feels that the proposed amendment will preserve the character of the site by establishing the allowable FAR for the newly configured museum parcel as the FAR of the existing development on the site. Staff finds this criterion to be met. B. The conditional use is consistent and compatible with the character of the immediate vicinity of the parcel proposed for development and surrounding land uses, or enhances the mixture of complimentary uses and activities in the immediate vicinity of the parcel proposed for development; and Staff Finding Since the intent of the proposed conditional use amendment is simply to reestablish the existing development as the approved site -specific development plan on the new museum parcel size of 44,400 square feet (in conjunction with the proposed lot split), Staff believes that the museum's use and operational characteristics are not changing as a result of the proposed amendment. Staff finds this criterion to be met. C. The location, size, design and operating characteristics of the proposed conditional use minimizes adverse effects, including visual impacts, impacts on pedestrian and vehicular circulation, parking, trash, service delivery, noise, vibrations and odor on surrounding properties; and Staff Finding The proposed conditional use amendment is not proposing to alter the existing operational characteristics of the museum. Instead, the proposed amendment simply reestablishes the existing development as the approved site -specific development plan on the new museum parcel size of 44,400 square feet (in conjunction with the proposed lot split). Staff fins this criterion to be met. D. There are adequate public facilities and services to serve the conditional use including but not limited to roads, potable water, sewer, solid waste, parks, police, fire protection, emergency medical services, hospital and medical services, drainage systems, and schools; and Staff Finding Staff believes that the proposed conditional use amendment is not altering the need for public facilities and services and the existing museum and associated carriage house are already served by adequate public facilities and services. Staff finds this criterion to be met. E. The applicant commits to supply affordable housing to meet the incremental need for increased employees generated by the conditional use; and Staff Finding As was discussed in the memo, the Applicant is not required to provide affordable housing mitigation for establishing and selling off the sixteen (16) Historic TDRs on the 9,000 square foot lot that is to be created through the lot split associated with this conditional use amendment, since the fathering 53,400 square foot parcel is designated to the Aspen Inventory of Historic Sites and Structures. Staff finds this criterion to be met. ASPEN PLANNIr. & ZONING COMMISSION - .._.nutes August 16, 2005 COMMENTS............................................................................................................ 2 MINUTES................................................................................................................. 2 DECLARATION OF CONFLICTS OF INTEREST ............................................... 2 ASPEN HISTORICAL SOCIETY CONDITIONAL USE ...................................... 2 HOLIDAY HOUSE AFFORDABLE HOUSING PUD........................................... 3 ASPEN PLANNIP. & ZONING COMMISSION - .. _ _n uses August 16, 2005 Jasmine Tygre opened the regular Planning and Zoning Commission Meeting in Sister Cities Meeting Room at 4:30 p.m. Commission Members Ruth Kruger, Steve Skadron, Dylan Johns, John Rowland and Jasmine Tygre were present. Brian Speck and Brandon Marion were excused. Staff in attendance were Joyce Allgaier, Jennifer Phelan, Chris Bendon and James Lindt, Community Development and Jackie Lothian, Deputy City Clerk. COMMENTS Ruth Kruger asked why the alleys were not cleaned like the streets. James Lindt said that he would ask Jerry Nye, the Streets Superintendent. Joyce Allgaier asked the commission if it was okay to forward on emails to the commission as well as place the emails in the packets prior to meetings. The commissioners agreed as long as the emails were included in the official record. MINUTES MOTION.- Ruth Kruger moved to approve the minutes from June 7`h June 14rh and July 19`h; seconded by Steve Skadron, all in favor, motion carried. DECLARATION OF CONFLICTS OF INTEREST None stated. PUBLIC HEARING: ASPEN HISTORICAL SOCIETY CONDITIONAL USE Jasmine Tygre opened the public hearing for the Aspen Historical Society Conditional Use. James Lindt stated there was proof of notice, posting and mailing. Lindt explained the application for conditional use was in conjunction with a lot split application to split off 9,000 square feet of the existing Wheeler/Stallard House. Lindt said the 9,000 square feet would be transferred into 16 transferable development rights through the City's Historic TDR Program to sell off. Lindt said that conditional use was required because the museum was a conditional use in the R-6 Zone District, which the property was located. Staff did not believe there would be any visual or operational impacts but simply establish the existing operations and dimensions of the museum and the carriage house on the remaining 44,400 square foot parcel. The lot split was exempt from employee mitigation as well as the establishing of TDRs, which was exempt from mitigation pursuant to the Growth Management portion of the Code 26.470. Staff believed that the conditional use request met the standards and recommend P&Z approve the attached resolution with the conditions. There was a condition that included the 2 ASPEN PLANNIP, _. & ZONING COMMISSION - . -nutes August 16, 2005 9,000 square foot parcel to be only used for the TDRs and not be developed with an additional structure. Tanya Stevens, Stan Clauson Associates, introduced Georgia Hanson the executive director of the Aspen Historical Society. Stevens utilized a site plan to locate the Wheeler/Stallard House for the commission and audience. Stevens stated there were 2 structures on the property built in 1888 by Jerome B. Wheeler and bought by the Aspen Historical Society in 1959. The proposal was to split off Lots K, L, M (9,000 square feet to produce 16 TDRs). Stevens said selling the TDRs would benefit the museum to create an endowment to ensure financial viability and would benefit the community because it would ensure that the property would not be developed in the future. Stevens said it would be insured in 3 ways (1) the Charter makes sure that there will not be additional structures on the property (2) the Conditional Use takes the property to the current FAR at 5,790 square feet and (3) Sterilizes the parcel. John Rowland asked if the museum was responsible for taking care of the property. Stevens replied that was correct. Ruth Kruger asked how 16 TDRs were created. Lindt responded that it was based on the lot area of 9,000 square feet and each TDR was 250 square feet each. Lindt stated the Historic TDR Program would allow the TDR to land in certain residential zone districts that they are non -historic and need additional FAR. Lindt said when the TDR is established you get a bearer's certificate. No public comments. MOTION: Ruth Kruger moved to approve Resolution #27, series 2005, recommending that City Council approve with conditions, a conditional use to establish the allowable FAR for a museum use on reconfigured Wheeler/Stallard property of 44,400 square feet as the FAR of the existing site -specific development plan, consisting of 5,793 square feet of FAR, 620 West Bleeker, City and Townsite of Aspen. Seconded by Steve Skadron. Rowland, yes; Johns, yes; Kruger, yes; Skadron, yes; Tygre, yes; all in favor, APPROVED 5-0. PUBLIC HEARING: HOLIDAY HOUSE AFFORDABLE HOUSING PUD Jasmine Tygre opened the public hearing for the Holiday House Affordable Housing PUD. Joyce Allgaier provided proof of notice from the newspaper, posting and mailing. 91 Page 1 of 1 James Lindt From: Nell Waltz [nwaltz@san.rr.com] Sent: Wednesday, September 28, 2005 9,22 AM To: James Lindt Subject: Aspen Historical Society Conditional Use September 28, 2005 To: James Lindt From: Nell Waltz As property owner at 730 W. Bleeker Street, I would like to register written opposition to the proposed lot split of the Historical Society property at 620 W. Bleeker. Please advise if email accomplishes this, and if not, if a letter would be considered at the hearing or by the Council. Thank you. 9/28/2005 Page 1 of 1 James Lindt From: Nell Waltz [nwaltz@san.rr.com] Sent: Wednesday, September 28, 2005 10:03 AM To: James Lindt Subject: Re: Aspen Historical Society Conditional Use 1 feel that the Historical Society should maintain control and use of the property as its duty to the city. I recognize that the society has had serious financial problems recently. (As the past president of the San Diego Historical Society, I do understand that many like organizations have similar issues.) However the Board is not fulfilling its obligation to preserve the history of the city if it is enabled to alter the land use and to potentially allow it to be developed. The green space showcases the Wheeler/Stallard house. And the lawn is used by the community quite often. Nothing like it remains in Aspen now. Its value as a landmark and look into the past risks being permanently altered. Our family has been spending time in Aspen since 1960. We have been property owners since 1976. Change is, of course, inevitable and often positive. This one, in my opinion, is not. One would hope that the Council and the city might find a practical way to intervene and maintain the block as it has always been. Nell 9/28/2005 Page 1 of 1 P200 - James Lindt From: Nell Waltz [nwaltz@san.rr.com] G6 b I �� Sent: Wednesday, September 28, 2005 10:03 AM l To: James Lindt Subject: Re: Aspen Historical Society Conditional Use I feel that the Historical Society should maintain control and use of the property as its duty to the city. 1 recognize that the society has had serious financial problems recently. (As the past president of the San Diego Historical Society, I do understand that many like organizations have similar issues.) However the Board is not fulfilling its obligation to preserve the history of the city if it is enabled to alter the land use and to potentially allow it to be developed. The green space showcases the Wheeler/Stallard house. And the lawn is used by the community quite often. Nothing like it remains in Aspen now. Its value as a landmark and look into the past risks being permanently altered. Our family has been spending time in Aspen since 1960. We have been property owners since 1976. Change is, of course, inevitable and often positive. This one, in my opinion, is not. One would hope that the Council and the city might find a practical way to intervene and maintain the block as it has always been. Nell 9/28/2005 Page 1 of 1 Pi99 James Lindt From: Nell Waltz [nwaltz@san.rr.com] Sent: Wednesday, September 28, 2005 9:22 AM To: James Lindt Subject: Aspen Historical Society Conditional Use September 28, 2005 To: James Lindt From: Nell Waltz As property owner at 730 W. Bleeker Street, I would like to register written opposition to the proposed lot split of the Historical Society property at 620 W. Bleeker. Please advise if email accomplishes this, and if not, if a letter would be considered at the hearing or by the Council. Thank you. 9/28/2005 ATTACHMENT 7 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: 620 W. Sleeker Street , Aspen, CO SCHEDULED PUBLIC HEARING DATE: 1l October 2005 STATE OF COLORADO ) ) ss. County of Pitkin ) I, F. L. (Stan) Clauson (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: X Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen at least fifteen (15) days prior to the public hearing. A copy of the publication is attached hereto. X 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 25 day of September, 2005, to and including the date and time of the public hearing. A photograph of the posted notice (sign) is attached hereto. X 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) Rezoning or text amendment. Whenever the official zoning district map is in any way to be changed or amended incidental to or as part of a general revision of this Title, or whenever the text of this Title is to be amended, whether such revision be made by repeal of this Title and enactment of a new land use regulation, or otherwise, the requirement of an accurate survey map or other sufficient legal description of, and the notice to and listing of names and addresses of owners of real property in the area of the proposed change shall be waived. However, the proposed zoning map has been available for public inspection in the planning agency during all business hours for fifteen (15) days prior to the public hearing on such amendments, Signa The foregoing "Affidavit of Notice" was acknowledged before me this2$ day of A4,y o,t , 20Qg:, by L / �- ) WITNESS MY HAND AND OFFICIAL SEAL, My commission expires: Notary Public ATTACHMENTS: COPY OF THE P UBLICA TION PHOTOGRAPH OF THE POSTED NOTICE (SIGA9 LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED BYMAIL PUBLIC NOTICE RE: ASPEN HISTORICAL SOCIETY (620 W. BLEEKER ST.) CONDITIONAL USE, LOT SPLIT, ESTABLISHMENT OF TRANSFERABLE DEVELOPMENT RIGHTS NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, October 11, 2005, at a meeting to begin at 5:00 p.m. before the Aspen City Council, Council Chambers, Basement of Aspen City Hall, 130 S. Galena St., Aspen, to consider an application submitted by the Aspen Historical Society, 620 W. Bleeker Street, Aspen, CO 81611, requesting approval of a conditional use request to establish the existing site specific plan and operations for the museum use at 620 W. Bleeker Street (Wheeler/Stallard Museum) as allowable on a smaller parcel size than currently exists. The Applicant has requested approval of the conditional use in conjunction with a lot split request to split the existing parcel into a 9,000 square foot lot and a 44,400 square foot lot in order to establish 16 Historic Transferable Development Rights on the 9,000 square foot lot to be created. The property subject to this application is legally described as Lots A-G and Lots K-S, Block 23, City and Townsite of Aspen and is commonly known as the Wheeler/Stallard Museum. For further information, contact James Lindt at the City of Aspen Community Development Department, 130 S. Galena St., Aspen, CO, (970) 429-2763, jamesl@ci.aspen.co.us. s/Helen Kalin Klanderud, Mayor Aspen City Council Published in the Aspen Times on September 25, 2005 City of Aspen Account Impression antibourrage et a sechage/rapide www.avery.com ' S AVERY® 51600 Utiliser le gabarit 51600 �{� v /. 'V'AZJS- 1-800-GO-AVERY 604 WEST LLC 616 WEST LLC 635 WEST BLEEKER LLC 604 W MAIN ST 616 W MAIN C/O NANCY SPEARS ASPEN, CO 81611 ASPEN, CO 81611 P O BOX 2630 ASPEN. CO 81612 ALPINE BANK ASPEN ASPEN CONDOMINIUM ASSOCIATION ASPEN HOUSING LLC 600 E HOPKINS AVE 600 E HOPKINS AVE STE 304 299 MILWAUKEE ST STE 502 ASPEN, CO 81611 ASPEN, CO 81611-2934 DENVER, CO 80206 ASPEN SQUARE CONDOMINIUMS BAILEY RYAN 1994 TRUST 50% BAKER WILLIAM ASSOC 15808798 METAVANTE WAY 790 W HALLAM UNIT #1 617 E COOPER AVE SIOUX FALLS, SD 57186 ASPEN, CO 81611 ASPEN, CO 81611 BAUER WALTER F TRUST BOWEN-STANLEY PAMELA BOYE CAROL 15935 VALLEY VISTA 2934 1/2 N BEVERLY GLEN CIR #482 2655 LAKE DR #4 ENCINO, CA 91436 LOS ANGELES, CA 90077 SINGER ISLAND, FL 33404 BREIDENBACH WARREN C CITY OF ASPEN CLEANER EXPRESS 225 ABRAHAM FLEXNER WY #700 130 S GALENA ST 435 E MAIN ST LOUISVILLE, KY 40202 ASPEN, CO 81611 ASPEN, CO 81611 COULTER G LYNNIE CRITERION HOLDING CO LLC CZECH NOAH PO BOX L3 790 W HALLAM ST #10 PO BOX 12086 ASPEN, CO 81612 ASPEN, CO 81611 ASPEN, CO 81612 DEROSA THOMAS J DESTINATION RESORT MGMT INC DIKEOU LUCY SHARP PO BOX 817 610 WEST END ST 1201 WILLIAMS ST APT 613 BROOKLANDVILLE, MD 21022 ASPEN, CO 81611 DENVER, CO 80218 EASTLAND WOODS AN OH1O LP EMERSON LTD FELD ANNE S 730 W MARKET ST C/O SWEENEY 1700 PACIFIC AVE STE 4100 AKRON, OH 44303 533 W HALLAM ST DALLAS, TX 75201 ASPEN, CO 81611 FERGUS ELIZABETH DAWSON FRANCIS MARY VIRGINIA FRIAS PROPERTIES OF ASPEN LLC PO BOX 1515 711 W BLEEKER 520 MAIN ST #7 ASPEN, CO 81612 ASPEN, CO 81611 ASPEN, CO 81611 GOLDMAN RICHARD FAMILY LP GORDMAN LINDA K HALLAM SIX LLC 35 STONEWOOD DR 718 W HALLAM ST 4430 ARAPAHO STE 110 MORELAND HILLS, OH 44022 ASPEN, CO 81611-1146 BOULDER, CO 80303 � Av3Ab'-O9-008-L @09Ls 31VIdW31 QAJany ash ®09Ls pAJ3Ad 1�Y%1 wortiane•MMM 6UIIUIJd aaJa a6onwc we wer Impression antibourrage eta sechage rapide www.avery.com w AVERY® 51600 Utilises le gabarit 51600 1 1-800-GO-AVERY HARRY SALLY 50% HAYES MARY FAMILY PTNSP LTD HENRY KRISTEN 601 E HOPKINS 3RD FL PO BOX 497 525 W HALLAM ST ASPEN, CO 81611 ASPEN, CO 81612 ASPEN, CO 81611-1246 HERNANDEZ LORENE & CECIL M HILLMAN TATNALL LEA HOOK BRADLEY K & PAMELA D PO BOX 1045 504 W BLEEKER ST 782C NORTH KALAHEO ASPEN, CO 81612 ASPEN, CO 81611 KAILUA, HI 96734 HORTON DAYNA L HOTEL ASPEN CONDOMINIUM HUNT ROGER H C/O STIRLING HOMES ASSOCIATION PO BOX 3944 600 E MAIN ST #102 110 WEST MAIN STREET ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81612 IGLEHART JAMES P ILGEN EILEEN L & JACK D & ELOISE KAFRISSEN ARTHUR & CAROLE F 610 W HALLAM ST 518 W MAIN ST PO BOX 10727 ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81612-9780 KC ASPEN LLC KEELTY PATRICK J & DONNA V KEY R BRILL & ELIZABETH R 75-5706 HANAMA PLACE SUITE 104 PO BOX 5686 C/O KEY MEDIA KAILUA-KONA, HI 96740 SNOWMASS VILLAGE, CO 81615 720 E HYMAN #301 ASPEN, CO 81611 KOVAL BARBARA TRUST LDD WEST LLC LEVIN WILLIAM A C/O NORTH OF NELL 220 N SMITH ST STE 300 86 CHAMBERS ST #201 555 E DURANT PALATINE, IL 60067-2448 NEW YORK, NY 10007 ASPEN, CO 81611 LEVINE THEODORE A LUU INVESTMENTS LLC MACDONALD BETTE S TRUST SWANSON LUCIA D 435 E MAIN ST 15 BLACKMER RD 425 E 58TH ST #25H ASPEN, CO 81611 ENGLEWOOD, CO 80110 NEW YORK, NY 10022 MAEWEST LLC MANGONE PARTNERSHIP LP MARCUS ANN H ATTN: DOROTHY A SHARP 12687 W CEDAR DR #100 735 W BLEEKER ST 706 WEST MAIN LAKEWOOD, CO 80228 ASPEN, CO 81611-1133 ASPEN. CO 81611 MARTIN JAMES R QPRT MATKIN SALOISE MCCAUSLAND LINDA TRUST CO OF KNOXVILLE TRSTE 605 E MAIN ST #5 PO BOX 1584 620 MARKET ST #300 ASPEN, CO 81611 ASPEN, CO 81612 KNOXVILLE, TN 37902 MCMANUS JAMES R MICROPLAS MGMT CO MOUNTAIN RESCUE ASPEN INC 1552 POST RD C/O EDWARD J CAWLEY 630 W MAIN ST FAIRFIELD, CT 06824-5935 790 W HALLAM #10 ASPEN, CO 81611 ASPEN, CO 81611 � AV3AV-09-008-L @09LS 31VIdW31 @kany asD ®09LS ®Aj Imv 1`>� 1 wortiane•MMM 6UIlUllA aa,J a6nnwc ouB WBr Impression antibourrage et a sechage rapide ® www.avery.com AVERY0 51600 UtilisEz le gabarit 51600 1 1-800-GO-AVERY MULLEN MICHEL NATIONWIDE THEATRES CORPORATION NIEBUR DEWAYNE E & JO ANN E 8411 PRESTON RD #730 LB 2 A CALIFORNIA CORPORATION 721 W FRANCIS DALLAS, TX 75225 120 N ROBERTSON BLVD ASPEN, CO 81611 LOS ANGELES, CA 90048 NORTH AND SOUTH ASPEN LLC OLIVER SPORTS BRACING LLC OLSHAN BURTON D 1/2 OLSHAN KATHLEEN W 112 200 S ASPEN ST PO BOX 10916 5408 OLD LEEDS RD ASPEN, CO 81611 ASPEN, CO 81612 BIRMINGHAM, AL 35210 P B HOLDINGS LLC PAMAYACU LLC PARFET DONALD R & ANNE V 725 W BLEEKER ST 9121 E TANQUE VERDE #105 11000 RIDGEWOOD LN ASPEN, CO 81611 TUCSON, AZ 85749 RICHLAND, MI 49083 PATRICK KEVIN PEARSON MARK M & LEES M PUMAYACU LLC C/O AMBER MICHAEL 730 E DURANT AVE #200 702 W MAIN ST 9121 E TANQUE VERDE #105 ASPEN, CO 81611 ASPEN, CO 81611 TUCSON, AZ 85749 RAZEK EDWARD G RITCHIE ROBERT RUSSO NICK A 3 LIMITED PKWY 701 W FRANCIS ST PO BOX 4743 COLOMBUS, OH 43230 ASPEN, CO 81611 ASPEN, CO 81612 RUTHERFORD MICHAEL G SANDERS FAMILY TRUST 1997 SANDERS QPRT TRUST & SALLY HARRY 5 E GREENWAY PLAZA #220 C/O SANDERS BARBARA 50% HOUSTON, TX 77046 PO BOX 8598 6200 N ANN ARBOR AVE ASPEN, CO 81612 OKLAHOMA CITY, OK 73122 SCHOEBERLEIN DEBORAH & JOSEPH SCHULER DEE M & R KENT SHAFROTH JOHN F 520 W MAIN ST APT 23 417 HOLLAND HILLS RD 3901 E BELLEVIEW AVE ASPEN, CO 81611-1656 BASALT, CO 81621 LITTLETON, CO 80121 SIVART HLDGS LTD PTNR THOMSON SHANTA KIM ULLR HOMEOWNERS ASSOCIATION 21 BREEZY KNOLL PO BOX 2503 600 E HOPKINS #304 AVON, CT 06001 ASPEN, CO 81612 ASPEN, CO 81611 VERLEGER PHILIP K JR & MARGARET B VICENZI GEORGE A TRUST WAGNER HOLDINGS CORPORATION 615 W FRANCIS ST PO BOX 2238 LLC C/O BILL POSS ASPEN, CO 81611 ASPEN, CO 81612 605 E MAIN ST ASPEN, CO 81611 WALTZ FAMILY TRUST WARE NINA COULTER WATERS SOMERSET 6075 LA JOLLA SCENIC DR 34 CLERMONT LN MILLBROOK SCHOOL LA JOLLA, CA 92037 ST LOUIS, MO 63124 MILLBROOK, NY 12545 �� AV3AV-09-008-L @09LS 31VIdW31 �aAV ash ®09LS pAH3AV 1� 1 wo:)-tiane•Av" 6UIIUIJd aaJa a6onwc oue wer Impression antibourrage et a sechage rapide www.avery.com AVERY® 51600 Utilisrz le gabarit 51600 1-800-GO-AVERY WELLS JANE 1 721 W NORTH ST ASPEN, CO 81611 WILSON MARY ELIZABETH 630 W HALLAM ST ASPEN, CO 81611 WOGAN WENDY 533 W FRANCIS ASPEN, CO 81611 � j AUAV-OD-008-L 009LS 3J.VldW31®tiaAV ash / 1`Y!� 1 009LS ®AM-=m wo3•tiaAP-AAmnn 6wiwJA aaJa 86onwc Due wer ATTACHMENT 7 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: �Olv I ca Aspen, CO SCHEDULED PUBLIC HEARING DATE: , 200_ STATE OF COLORADO ) ) ss. County of Pitkin ) (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 (15) days prior to the public hearing. A copy of the publication is attached hereto. Posting of notice: By posting of notice, which form was obtainad 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 public 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 go ernment, school, service district or other governmental or quasi-governmentaCgency that owns property within three hundred (300) feet of the property subjec . to the development application. The names and addresses of property owners shall be those on the current tax records of Pitkin County as they appeared no more than sixty (60) days prior to the date of the public hearing. A copy of the owners and governmental agencies so noticed is attached hereto. (continued on next page) Rezoning or text amendment. Whenever the official zoning district map is in any way to be changed or amended incidental to or as part of a general revision of this Title, or whenever the text of this Title is to be amended, whether such revision be made by repeal of this Title and enactment of a new land use regulation, or otherwise, the requirement of an accurate survey map or other sufficient legal description of, and the notice to and listing of names and addresses of owners of real property in the area of the proposed change shall be waived. However, the proposed zoning map has been available for public inspection in the planning agency during all business hours for fifteen (15) days prior to the public hearing on such amendments. 0 The foregoing "Affidavit of Notice" was ac411 , knowled d befor e thi day of 6�- ;` , 200 by WITNESS MY HAND AND OFFICIAL SEAL My commission expires: L-�j .:IY P�,� Notary Public N OATES OF C 0- ATTACHMENTS: COPY OF THE PUBLICATION PHOTOGRAPH OF THE POSTED NOTICE (SIGN) LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED BYAWL PUBLIONOTICE RE: ASPEN HISTORICAL. SOCIETY (620 W. BLEEK- ER ST.) CONDITIONALL USE, LOT SPLIT, ESTAB- LISHMENT OF TRANSFERABLE DEVELOPMENT RIGHTS NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, October 11, 2005, at a meeting to begin at 5:00 p.m. before the Aspen City Council, Council Chambers, Basement of Aspen City Hall, 130 S. Galena St., Aspen, to consider an application submitted by the Aspen Historical Society. 620 W. Bleeker Street, Aspen, CO 81611, requesting approval of a conditional use request to estalish the etsting rations sspecificite for the museumusea plan and opet 620 W. Bleeker Street (Wheeled Stallard Museum) as allowable on a smaller parcel size than currently eydsts. The Applicant has requested approval the conditional use in conjunction with a lot split request to split the eAsting Parcel into a 9,000 square foot lot and a 44,400 square foot lot in or- der to establish 16 Histo0riic Transferable Develop be ment Rights on the 9,0square created. The property subject to this application is legally described as Lots A-G and Lots KS, Block 23, City and To -site of Aspen and is com- monly known as the Wheeler/ Stallard Museum. For further information, contact James Undt at the City of Aspen Community Development De partment, 130 S Galena St., Aspen, CO, (970) 429- 2763, jamesi@&aspen.co.us. s/Helen Kahn Klanderud, Mayor Aspen city Council Published in the Aspen Times Weekly on Septem- ber 25, 2005. (3104) MEMORANDUM TO: Mayor Klanderud and City Council THRU: Chris Bendon, Community Development Director 06 FROM: James Lindt, Senior Planner - RE: Aspen Historical Society Conditional Use Review, Lot Split, and Establishment of Historic Transferable Development Right Certificates, 1st Reading of Ordinance No. �, Series of 2005-Public Hearing will be held on October loth llA It: September 12, LUUJ APPLICANT: Aspen Historical Society LOCATION: 620 W. Bleeker Street ZONING: R-6 Zone District REVIEW PROCEDURE: Lot Split, Establishment of Historic TDRs, Conditional Use: City Council shall approve, approve with conditions, or deny the request for the Subdivision Exemption for a Lot Split, and the Establishment of Historic TDRs. The Applicant also requested the ability to combine the review of the conditional use request with the other land use actions being requested pursuant to Land Use Code Section 26.304.060(B)(1), Combined Reviews. Therefore, City Council shall also be the final review authority on the conditional use request after considering a recommendation from the Planning and Zoning Commission. STAFF RECOMMENDATION: Approval with conditions. PLANNING AND ZONING COMMISSION RECOMMENDATION ON CONDITIONAL USE: Approval with Conditions. a] Photo Above: Wheeler/Stallard Museum. Photo Above: Portion of Parcel to be split off from Historical Society Parcel. SUMMARY: The Aspen Historical Society ("Applicant") has requested approval of a lot split to split off a 9,000 square foot portion of the existing 53,400 square foot Wheeler/Stallard Museum parcel at 620 W. Bleeker Street and sell off the development rights in the form of Historic Transferable Development Rights (TDRs). The conditional use request is necessary to establish the existing dimensional requirements and operations for the Wheeler/Stallard Museum on the new museum parcel size of 44,400 square feet (after the lot split) since the museum use is a conditional use in the R-6 Zone District in which it is located. It should be noted that the Applicant has proposed to sell off all of the development rights as Historic TDRs on the 9,000 square foot lot to be created through the proposed lot split and the new 9,000 square foot lot will contain no new development. LAND USE REQUESTS AND PROCEDURES: The Applicant has requested approval of the following land use actions: • Subdivision Exemption for a Lot Split. • Establishment of Historic Transferable Development Rights. • Conditional Use Review. The Applicant has also requested the ability to combine the review of the conditional use request with the review of the lot split and TDR establishment requests pursuant to Land Use Code Section 26.304.060(B)(1), Combined Reviews. In response to the Applicant's request to combine the reviews, the Community Development Director has approved the ability to combine the reviews of the conditional use request and the other requests so that City Council is the final review authority on all of the actions, finding that combining the reviews will ensure clarity. STAFF COMMENTS: As was described above, the Applicant is proposing to split off a 9,000 square foot parcel on the southwest corner of the existing museum parcel in order to sell off the development rights associated with the new parcel pursuant to the City's Historic TDR program. As a result of establishing the new lot for the purpose of selling off TDRs, the new 9,000 square foot lot would be sterilized from development. Lot Split: The proposed lot split appears to satisfy the review standards for approving a lot split pursuant to Land Use Code Section 26.480/030(A)(2), Lot Split. The proposed lot split does not split the parcel into more than two (2) lots and the lot sizes conform to the minimum lot size requirements of the underlying R-6 Zone District, in that each of the proposed parcels exceed 6,000 square feet. Additionally, the proposed lot split would not create a non -conformity with regards to the existing conditions as long as the associated conditional request is approved to establish the allowable dimensions and operational requirements for the museum use as what currently exists on the site. Please see Staff s discussion on the conditional use request below. Conditional Use: Impacts of Proposal on Museum Operations: In evaluating the request to establish the allowable dimensions and operations for the museum use on the property as the existing museum dimensions and operations that exist on the property, Staff does not believe that proposal will have any visual or operational impacts on the site. Moreover, the Applicant will be able to split the lot and sell off the proposed sixteen (16) TDRs since the lot split will not create a non -conformity with regards to the FAR of the existing buildings on the site, given that the museum FAR will be locked in as a result of the conditional use request: The Planning and Zoning Commission reviewed the conditional use portion of the application and unanimously recommended that City Council approve the conditional use request with the conditions proposed in the attached ordinance. Restrictions on Wheeler/Stallard Museum: The charter of the Wheeler/Stallard Museum and the associated warranty deed from the Paepcke Estate (attached as Exhibit "C") apply private covenant restrictions on the museum that does not allow the site to be developed with any additional structures and will only be used as a public park or museum. This is a private covenant issue that the City does not regulate. Nonetheless, Staff feels that the proposal would be consistent with this restriction in that the Applicant is not proposing to develop any additional structures on the site. Staff has included a condition of approval reinforcing that no additional development will occur on the fathering parcel consisting of 53,400 square feet without obtaining a conditional use amendment and that the new parcel to be created through the lot split be sterilized from development due to the creation of the proposed sixteen (16) TDRs. Growth Management: As far as growth management is concerned, no employee housing mitigation is required to split the lot and sell off the sixteen (16) TDRs from the newly created 9,000 square foot parcel because the fathering parcel is exempt from growth management pursuant to Land Use Code Section 26.470.070(A)(4), Exempt Development: Single-family and Duplex Development on Historic Landmark Properties, because it is designated to the Aspen Inventory of Historic Sites and Structures. Additionally, the establishment of TDR certificates is exempt from growth management pursuant to Land Use Code Section 26.470.040(A)(6), Exempt Development: Transferable Development Rights. Sharing Impact of Extinguishing Historical Society's TDRs with the County: There has been some discussion that was brought to Staff s attention that implied that the County should share in absorbing the impact of extinguishing the Historical Society's TDRs, since the County's population also uses the Historical Society's resources. Staff approached the Pitkin County Planning Staff about whether the County would be interested in accepting the extinguishment of some of these TDRs created by the Historical Society. The County Staff indicated that they do not have a process established by which to accept TDRs from the City's jurisdiction and that any discussion about transferring TDRs between jurisdictions should not be specific to only the Historical Society's TDRs, but rather to all TDRs. The County Staff did indicate that they would talk to the Board of County Commissioners about whether the Commissioners would like to hold a joint worksession with City Council to discuss the possibility of transferring development rights between jurisdictions. Staff believes that setting up a process by which the County would receive historic TDRs from the City would be contrary to the infill program's philosophy and AACP's policies of concentrating growth within the City and limiting growth outside the City's confines. STAFF RECOMMENDATION: Staff finds that the applicable review standards have been satisfied by the proposal and Staff recommends approval of the proposed lot split, conditional use, and establishment of sixteen (16) Historic TDRs with the conditions contained in the proposed ordinance. PLANNING AND ZONING COMMISSION RECOMMENDATION: The Planning and Zoning Commission reviewed the proposed conditional use request and unanimously recommended that City Council approve the request with conditions. The Planning and Zoning Commission's resolution is attached as Exhibit "E" and minutes from the meeting will be included in Council's packet for 2"d Reading. CITY MANAGER'S COMMENTS: (�/t�-d� v,lr�'tivz-e 0�- /- ���-^P . �� RECOMMENDED MOTION: (ALL MOTIONS ARE MADE IN THE AFFIRMATIVE) "I move to approve upon first reading, Ordinance No. LID, Series of 2005, approving with conditions, the Aspen Historical Society Lot Split, Conditional Use, and Establishment of sixteen (16) Historic TDRs at 620 W. Bleeker Street, City and Townsite of Aspen." ATTACHMENTS: Exhibit "A"- Review Criteria and Staff Responses Exhibit "B"- Application Exhibit "C"- Warranty Deed Exhibit "D"- County Referral Comments Exhibit "E"- Planning and Zoning Commission Resolution ORDINANCE NO. LO (SERIES OF 2005) AN ORDINANCE OF THE ASPEN CITY COUNCIL APPROVING THE ASPEN HISTORICAL SOCIETY LOT SPLIT, CONDITIONAL USE, AND ESTABLISHMENT OF SIXTEEN (16) HISTORIC TRANSFERABLE DEVELOPMENT RIGHTS FROM PARCEL 2 OF THE LOT SPLIT, 620 W. BLEEKER STREET, CITY OF ASPEN, PITKIN COUNTY, COLORADO. Parcel ID#2735-124-31-801 WHEREAS, the Community Development Department received an application from the Aspen Historical Society ("Applicant"), requesting approval of a subdivision exemption request for a lot split, a conditional use, and the establishment of sixteen (16) historic transferable development rights, to split off a 9,000 square foot parcel from the 53,400 square foot property at 620 E. Bleeker Street (Wheeler/Stallard Museum) and sell the development rights associated with the 9,000 square foot parcel in the form of sixteen (16) historic transferable development rights of 250 square feet each; and, WHEREAS, pursuant to Land Use Code Section 26.304.060(B), Combined Reviews, the Community Development Director in consultation with the applicants has concluded that a combined review of the land use requests associated with this application would reduce duplication and ensure economy of time, expense, and clarity; and, WHEREAS, upon review of the application and the applicable code standards, the Community Development Department recommended approval of the proposal, with conditions; and, WHEREAS, during a duly noticed public hearing on August 16, 2005, the Planning and Zoning Commission reviewed the Conditional Use portion of the application and approved Resolution No. 27, Series of 2005, recommending that City Council approve the requested conditional use to establish the existing operational characteristics and dimensions for the museum use on the smaller 44,400 square foot parcel that would result from the associated lot split; and, WHEREAS, during a duly noticed public hearing on October 10, 2005, the Aspen City Council approved Ordinance No. , Series of 2005, by a to vote, approving with conditions, a lot split, a conditional use, and the establishment of sixteen (16) historic transferable development rights, to split off a 9,000 square foot parcel from the 53,400 square foot property at 620 E. Bleeker Street (Wheeler/Stallard Museum) and sell the development rights associated with the 9,000 square foot parcel in the form of sixteen (16) historic transferable development rights of 250 square feet each; and, WHEREAS, the Aspen City Council has reviewed and considered the development proposal under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered the recommendation of the Planning and Zoning Commission, the Community Development Director, the applicable referral agencies, and has taken and considered public comment at a public hearing; and, WHEREAS, the City Council finds that the development proposal meets or exceeds all applicable development standards and that the approval of the development proposal, with conditions, is consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS, the City Council finds that this Ordinance furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO THAT: Section 1 Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, City Council hereby approves the Aspen Historical Society lot split, conditional use, and the establishment of sixteen (16) historic transferable development rights, to split off a 9,000 square foot parcel from the 53,400 square foot property at 620 E. Bleeker Street (Wheeler/Stallard Museum) and sell the development rights associated with the 9,000 square foot parcel (Parcel 2 of the Lot Split) in the form of sixteen (16) historic transferable development rights of 250 square feet each, with the conditions contained herein: Section 2: Subdivision Exemption Plat and Aereement The Applicant shall record a subdivision exemption agreement that meets the requirements of Land Use Code Section 26.480 within 180 days of approval. Additionally, a subdivision exemption plat shall be recorded in the Pitkin County Clerk and Recorder's Office within 180 days of the final approval and shall include the following: a. A final plat meeting the requirements of the City Engineer showing the boundaries of Parcel 1 and Parcel 2 of the Aspen Historical Society Lot Split. b. A plat note indicating that the allowable FAR on Parcel 2 of the Historical Society Lot Split (9,000 square foot parcel) shall be equal to the 4,080 square feet allowed minus the amount of FAR sold off as TDRs (16 TDRs multiplied by 250 square feet each equals 4,000 square feet) due to the establishment of the sixteen (16) transferable development rights from Parcel 2. The plat note shall also indicate that the Historical Society proposed to sterilize and forgo the remaining 80 square feet of FAR on Parcel 2, a condition which the City accepts. Section 3: Museum Parcel Allowable FAR The allowable FAR for the museum use on the revised museum parcel (parcel consisting of 44,400 square feet after the lot split) shall be limited to the FAR of the existing museum structure and associated carriage house (calculated to be 5,793 square feet by the Applicant). Section 4: Amendments to Museum Conditional Use Any changes to the existing development or operational characteristics of the museum shall require review and approval of a conditional use amendment by the City of Aspen Community Development Director or Aspen Planning and Zoning Commission, depending on the magnitude of the change. The Community Development Director shall determine whether such an amendment shall require review by the Planning and Zoning Commission based on the procedures and guidelines established in Land Use Code Section 26.425, Conditional Use. Section 5: Development on Parcel 2 The 9,000 square foot parcel (Parcel 2 of the Lot Split) created through the lot split request shall not be used for anything other than the establishment of sixteen (16) Historic TDRs to be sold and used on other parcels of land throughout the City of Aspen pursuant to the procedures and guidelines established in Land Use Code Section 26.535, Transferable Development Rights. A plat note to this affect shall be included on the lot split plat to be recorded as required in Section 2 above. Section 6: Establishment of TDRs The sixteen (16) Historic Transferable Development Rights being established herein shall only be extinguished in compliance with the requirements established in Land Use Code Section 26.535.060, Procedure for Extinguishing a Historical Transferable Development Right Certificate, and Land Use Code Section 26.535.080, Review Criteria for Extinguishment of a Historic Transferable Development Right, in effect at the time of extinguishment A mutually agreed upon real estate closing date shall be scheduled between the City and the Applicant, at which time a deed restriction shall be executed and recorded (at the Pitkin County Clerk and Recorder's Office) for Parcel 2, removing the 4,000 square feet (250 square feet of FAR multiplied by 16 TDRs) of allowable FAR from the parcel, and executing and delivering sixteen (16) Historic Transferable Development Right Certificates to the Applicant numbered: HSLot2-1 through HSLot2- 16. The real estate closing and the establishment of the Historic Transferable Development Right Certificates shall only take place after the recordation of the subdivision exemption agreement and plat. Section 7- This Ordinance shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be construed and concluded under such prior ordinances. Section 8• 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 9• A public hearing on the ordinance shall be held on the 1 Oth day of October, 2005, in the City Council Chambers, Aspen City Hall, Aspen, Colorado, fifteen (15) days prior to which hearing a public notice of the same shall be published in a newspaper of general circulation within the City of Aspen. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the 120' day of September, 2005. Helen Kalin Klanderud, Mayor Attest: Kathryn S. Koch, City Clerk FINALLY, adopted, passed and approved by a vote of to (_-�, this 10' day of October, 2005. Helen Kalin Klanderud, Mayor Attest: Kathryn S. Koch, City Clerk Approved as to form: John P. Worcester, City Attorney EXHIBIT A HISTORICAL SOCIETY LOT SPLIT REVIEW CRITERIA & STAFF FINDINGS 26.480.030 Standards applicable to all lot splits. When considering a development application for a lot split, City Council shall consider whether all of the following standards are met, as applicable. 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. This restriction shall not apply to properties listed on the Aspen Inventory of Historic Landmark Sites and Structures. Staff Finding The Wheeler/Stallard parcel is not located in a subdivision approved by the B.O.C.C. or by City Council. 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 26.470.040(B)(1). Staff Finding The proposed lot split does not split the parcel into more than two (2) lots and the lot sizes conform to the minimum lot size requirements of the underlying R-6 Zone District, in that each of the proposed parcels exceed 6,000 square feet. Additionally, the proposed lot split would not create a non -conformity with regards to the existing conditions as long as the associated conditional request is approved to establish the allowable dimensions and operational requirements for the museum use as what currently exists on the site. 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 .1 "lot split" exemption pursuant to Section 26.470.040 (C)(1)(a). Staff Finding Staff finds that the subject property 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 gro%%th management allocation pursuant to Chapter 26.470. Staff Finding No further subdivision will be granted on the parcels created by this lot split. Additionally, receipt of applicable growth management approvals would be required to construct an additional unit on this site pursuant to Chapter 26.470. The required subdivision plat with a note allowing no further subdivision of the newly created parcels, 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. Staff Finding No single-family residence exists on the property currently. Therefore, Staff finds this criterion not to be applicable to this application. C. 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 for a Lot Split, the Applicant proposes to sell of the development rights associated with the development that would be allowed on the new 9,000 square foot parcel in the form of Historic TDRs. There will be no additional dwelling units built as a result of this lot split proposal. Staff finds this criterion to be met. EXHIBIT A HISTORICAL SOCIETY ESTABLISHMENT OF HISTORIC TDRs REVIEW CRITERIA & STAFF FINDINGS 26.535.070 Standards applicable to an Establishment of Historic TDRs When considering a development application for the Establishment of Historic TDRs, City Council shall consider whether all of the following standards are met, as applicable. A. The Sending Site is a Historic Landmark on which the development of a single- family or duplex residence is a permitted use, pursuant to Chapter 26.710. Properties on which such development is a conditional use shall not be eligible. Staff Finding The sending site is the new parcel that is to be separated from the Wheeler/Stallard parcel. The new lot would have the ability to have a single-family or duplex constructed on it since it is zoned R-6. Also, since the fathering parcel is designated as a historic landmark, the new parcel to be created through the lot split also maintains the historic designation. Staff finds this criterion to be met. B. It is demonstrated that the Sending Site has permitted unbuilt development rights, for either a single-family or duplex home, equaling or exceeding two -hundred and fifty (250) square feet of Floor Area multiplied by the number of Historic TDR Certificates requested. Staff Finding If the associated lot split request is approved, the new parcel will have 4,080 square feet of allowable FAR for the development of a duplex or 3,660 square feet of allowable FAR for a single-family residence. The sixteen (16) TDRs proposed equate to 4,000 square feet of FAR to be sold off. Staff finds this criterion to be met. C. It is demonstrated that the establishment of TDR Certificates will not create a nonconformity. In cases where nonconformity already exists, the action shall not increase the specific nonconformity. Staff Finding The establishment of TDR Certificates will not create a non -conformity. If the associated lot split is approved, the new parcel will have a total of allowable FAR of 4,080 square feet. The establishment of sixteen (16) TDRs will equate to 4,000 square feet. Staff finds this criterion to be met. D. The analysis of unbuilt development right shall only include the actual built development, any approved development order, the allowable development right prescribed by zoning, and shall not include the potential of the Sending Site to gain Floor Area bonuses, exemptions, or similar potential development incentives. Staff Finding If the associated lot split is approved, the Applicant will have 4,080 square feet of unbuilt, allowable FAR pursuant to the R-6 Zone District requirements. Staff finds this criterion to be met. E. Any development order to develop Floor Area, beyond that remaining legally connected to the property after establishment of TDR Certificates, shall be considered null and void. Staff Finding If the associated lot split is approved, the new parcel will have a total of allowable FAR of 4,080 square feet. The establishment of sixteen (16) TDRs will equate to 4,000 square feet. Staff finds this criterion to be met. F. The proposed deed restriction permanently restricts the development of the property (the Sending Site) to an allowable Floor Area not exceeding the allowance for a single-family or duplex residence minus two hundred and fifty (250) square feet of Floor Area multiplied by the number of Historic TDR Certificates established. The deed restriction shall not stipulate an absolute Floor Area, but shall stipulate a square footage reduction from the allowable Floor Area, as may be amended from time to time. The Sending Site shall remain eligible for certain Floor Area incentives and/or exemptions as may be authorized by the City of Aspen Land Use Code, as may be amended from time to time. The form of the deed restriction shall be acceptable to the City Attorney. Staff Finding A deed restriction will be recorded sterilizing the new 9,000 square foot parcel to be created through the lot split from future development since the floor area will be allocated for Historic TDRs. Staff finds this criterion to be met. G. A real estate closing has been scheduled at which, upon satisfaction of all relevant requirements, the City shall execute and deliver the applicable number of Historic TDR Certificates to the Sending Site property owner and that property owner shall execute and deliver a deed restriction lessening the available development right of the subject property together with the appropriate fee for recording the deed restriction with the Pitkin County Clerk and Recorder's Office. Staff Finding Upon approval of the establishment of the sixteen (16) TDRs and the associated land use requests, the City shall schedule a real estate closing to execute the deed restrictions and deliver the applicable TDR Certificates. Staff finds the criterion to be met. H. It shall be the responsibility of the Sending Site property owner to provide building plans and a zoning analysis of the Sending Site to the satisfaction of the Community Development Director. Certain review fees may be required for the confirmation of built Floor Area. Staff Finding The sending site will be a vacant, newly created parcel. Therefore, no confirmation of the existing FAR is necessary since the site is vacant. EXHIBIT A HISTORICAL SOCIETY CONDITIONAL USE REVIEW CRITERIA & STAFF FINDINGS 26.425.040 Standards applicable to all conditional uses. When considering a development application for a conditional use, the Planning and Zoning Commission shall consider whether all of the following standards are met, as applicable. A. The conditional use is consistent with the purposes, goals, objectives and standards of the Aspen Area Community Plan, with the intent of the zone district in which it is proposed to be located, and complies with all other applicable requirements of this Title; and Staff Finding Staff believes that the proposed conditional use amendment is consistent with the goals set forth in the AACP related to preserving Aspen's irreplaceable historic resources by acting as part of the catalyst in allowing for the Historical Society the ability to create sixteen (16) TDRs to sell off in order to remain viable financially. Moreover, Staff feels that the proposed amendment will preserve the character of the site by establishing the allowable FAR for the newly configured museum parcel as the FAR of the existing development on the site. Staff finds this criterion to be met. B. The conditional use is consistent and compatible with the character of the immediate vicinity of the parcel proposed for development and surrounding land uses, or enhances the mixture of complimentary uses and activities in the immediate vicinity of the parcel proposed for development; and Staff Finding Since the intent of the proposed conditional use amendment is simply to reestablish the existing development as the approved site -specific development plan on the new museum parcel size of 44,400 square feet (in conjunction with the proposed lot split), Staff believes that the museum's use and operational characteristics are not changing as a result of the proposed amendment. Staff finds this criterion to be met. C. The location, size, design and operating characteristics of the proposed conditional use minimizes adverse effects, including visual impacts, impacts on pedestrian and vehicular circulation, parking, trash, service delivery, noise, vibrations and odor on surrounding properties; and Staff Finding The proposed conditional use amendment is not proposing to alter the existing operational characteristics of the museum. Instead, the proposed amendment simply reestablishes the existing development as the approved site -specific development plan on the new museum parcel size of 44,400 square feet (in conjunction with the proposed lot split). Staff fins this criterion to be met. D. There are adequate public facilities and services to serve the conditional use including but not limited to roads, potable water, sewer, solid waste, parks, police, fire protection, emergency medical services, hospital and medical services, drainage systems, and schools; and Staff Finding Staff believes that the proposed conditional use amendment is not altering the need for public facilities and services and the existing museum and associated carriage house are already served by adequate public facilities and services. Staff finds this criterion to be met. E. The applicant commits to supply affordable housing to meet the incremental need for increased employees generated by the conditional use; and Staff Finding As was discussed in the memo, the Applicant is not required to provide affordable housing mitigation for establishing and selling off the sixteen (16) Historic TDRs on the 9,000 square foot lot that is to be created through the lot split associated with this conditional use amendment, since the fathering 53,400 square foot parcel is designated to the Aspen Inventory of Historic Sites and Structures. Staff finds this criterion to be met. Cindy Houben, 08:25 AM 8/ `-'2005 , Re: Historical Society's TDRs Page 1 of 1 X-Sender: cindyh@sam X-Mailer: QUALCOMM Windows Eudora Pro Version 4.2.0.58 Date: Fri, 26 Aug 2005 08:25:28 -0600 To: James Lindt <jamesl@ci.aspen.co.us> From: Cindy Houben <cindyh@ci.aspen.co.us> Subject: Re: Historical Society's TDRs Cc: chrisb@co.pitkin.co.us JHi James, I have not had a chance to talk with the BOCC about this. I spoke with Chris briefly and I think it is perfect opportunity to set up a work session with the BOCC and CC on TDRs. As you know various potential needs to take TDR's have been leaking in from both sides and I think it deserves some consideration. I will check it out with the BOCC if you want to ask the CC. Let me know. Taking these on a piece meal basis is not the way we should go. My two cents: I have always thought the city is sitting on a goal mine with parking spaces ( I noticed in the paper that spaces are being sold privately for 130,000 each. One thought is to swap TDR's for permanent parking or 10 year parking spaces. The ad said that spaces rent for $275 a month! Just a thought. Maybe this can be the City's form of $/ help for the non profits???????Cindy At 04:22 PM 8/25/2005, you wrote: Hi Cindy, I had asked Lance about whether the County would be interested in setting up a program to accept TDRs from the Historical Society and he indicated that you would be the person to speak with about getting County comments on this. We have an application from the Historical Society to split 9,000 sf of land from the Wheeler/Stallard property and sell off the development rights associated with the new parcel in the form of TDRs pursuant to our fairly new historic TDR system in the City. In association with the review of the application, we have had a Council member express that the County should accept part of the impact of the TDRs, since the application would serve as a funding mechanism for the Historical Society to an extent and the County population uses the resources that the Historical Society provides. So, I have been asked to see if the County would be interested in setting up a program to accept some of these TDRs? Any comments on this matter that I can pass along to the Council? Thanks, James Printed for James Lindt <jamesl@ci.aspen.co.us> 8/29/2005 L �vl1fU1T �C�/ RESOLUTION NO. 27 (SERIES OF 2005) A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING COMMISSION, RECOMMENDING THAT CITY COUNCIL APPROVE A CONDITIONAL USE TO ESTABLISH THE ALLOWABLE FLOOR AREA RATIO (FAR) FOR THE MUSEUM USE ON THE RECONFIGURED WHEELER/STALLARD MUSEUM PARCEL, 620 W. BLEEKER STREET, CITY AND TOWNSITE OF ASPEN, PITKIN COUNTY, COLORADO. Parcel ID#2735-124-31-801 WHEREAS, the Community Development Department received an application from the Aspen Historical Society ("Applicant"), requesting approval of a conditional use in conjunction with a subdivision exemption request for a lot split, to reestablish the allowable FAR of the museum conditional use on the reconfigured Wheeler/Stallard Museum parcel (to be reduced in size through the proposed lot split) as what exists in the museum structures and associated carriage house, 620 W. Bleeker Street; and, WHEREAS, the Wheeler/Stallard Museum is located in the R-6 Zone District, and is a conditional use; and, WHEREAS, no conditional use approval currently exists for the museum, so the existing development constitutes the conditional use that is being amended by this resolution; and, WHEREAS, the Wheeler/Stallard Museum is currently located on a parcel of land that contains 53,400 square feet that is proposed to be reduced to 44,400 square feet by the associated lot split request; and, WHEREAS, the existing FAR in the Wheeler/Stallard Museum and associated carriage house has been calculated by the Applicant to be 5,793 square feet; and, WHEREAS, pursuant to Land Use Code Section 26.304.060(B)(1), Combined Reviews, the Community Development Director in consultation with the Applicant has combined review of the requested conditional use and lot split requests so that City Council shall be the final review authority on both the conditional use and lot split requests; and, WHEREAS, the Community Development Department reviewed the application for a conditional use and recommended approval; and, WHEREAS, during a duly noticed public hearing on August 16, 2005, the Planning and Zoning Commission approved Resolution No. 27, Series of 2005, by a five to zero (5-0) vote, recommending that City Council approve a conditional use to reestablish the allowable FAR of the museum conditional use on the reconfigured Wheeler/Stallard Museum parcel (to be reduced in size through the proposed lot split) as what exists in the museum structures and associated carriage house, 620 W. Bleeker Street; and, WHEREAS, the Aspen Planning and Zoning Commission has reviewed and considered the development proposal under the applicable provisions of the Municipal Code as identified herein, 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 Aspen Planning and Zoning Commission 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 Aspen Planning and Zoning Commission finds that this Resolution furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ASPEN PLANNING AND ZONING COMMISSION as follows: Section 1 Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the Aspen Planning and Zoning Commission recommends that City Council approve the requested conditional use to reestablish the allowable FAR of the museum conditional use on the reconfigured Wheeler/Stallard Museum parcel (to be reduced in size through the proposed lot split) as what exists in the museum structures and associated carriage house, 620 W. Bleeker Street , City and Townsite of Aspen, subject to the following conditions. 1. The allowable FAR for the museum use on revised museum parcel (parcel consisting of 44,400 square feet if the associated lot split request is subsequently approved by City Council) shall be limited to the FAR of the existing museum structure and associated carriage house (calculated to be 5,793 square feet by the Applicant). 2. Any changes to the existing development or operational characteristics of the museum shall require review and approval of a conditional use amendment by the City of Aspen Community Development Director or Aspen Planning and Zoning Commission, depending on the magnitude of the change. The Community Development Director shall determine whether such an amendment shall require review by the Planning and Zoning Commission based on the procedures and guidelines established in Land Use Code Section 26.425, Conditional Use. 3. The 9,000 square foot parcel to be created through the associated lot split request shall not be used for anything other than the establishment of sixteen (16) Historic TDRs to be sold and used on other parcels of land throughout the City of Aspen pursuant to the procedures and guidelines established in Land Use Code Section 26.535, Transferable Development Rights. A plat note to this affect shall be included on the lot split plat to be recorded as a result of the proposed lot split being processed in association with this conditional use request. Section 2• This Resolution shall not effect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 3• If any section, subsection, sentence, clause, phrase, or portion of this Resolution is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. APPROVED by the Commission at its regular meeting on August 16, 2005. APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION: City Attorney ATTEST: Jackie Lothian, Deputy City Clerk Jasmine Tygre, Chair l Jc Y cp SS �c PUBLIC NOTICE 610U-5Ot/1S RE: ASPEN HISTORICAL SOCIETY (620 W. BLEEKER ST.) CONDITIONAL USE, C)(4 LOT SPLIT, ESTABLISHMENT OF TRANSFERABLE DEVELOPMENT RIGHTS NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, October 11, 2005, at a meeting to begin at 5:00 p.m. before the Aspen City Council, Council Chambers, Basement of Aspen City Hall, 130 S. Galena St., Aspen, to consider an application submitted by the Aspen Historical Society, 620 W. Bleeker Street, Aspen, CO 81611, requesting approval of a conditional use request to establish the existing site specific plan and operations for the museum use at 620 W. Bleeker Street (Wheeler/Stallard Museum) as allowable on a smaller parcel size than currently exists. The Applicant has requested approval of the conditional use in conjunction with a lot split request to split the existing parcel into a 9,000 square foot lot and a 44,400 square foot lot in order to establish 16 Historic Transferable Development Rights on the 9,000 square foot lot to be created. The property subject to this application is legally described as Lots A-G and Lots K-S, Block 23, City and Townsite of Aspen and is commonly known as the Wheeler/Stallard Museum. For further information, contact James Lindt at the City of Aspen Community Development Department, 130 S. Galena St., Aspen, CO, (970) 429-2763, jamesl@ci.aspen.co.us. s/Helen Kalin Klanderud, Mayor Aspen City Council Published in the Aspen Times on September 25, 2005 City of Aspen Account FALENDER DEVELOPMENTS 603 W. GILLESPIE ST. ASPEN, COLORADO 81611 TO -e f goo eev-!�"C- 11� 175f4l v 4�v"x-,2e.1 Z 970-920-1816 DATE zo REGARDING Zg-!S,QC-A, a (10l11:Cam, ,,-,-.,eo 774-, cc,--,.C( SAC / 16'- TbW� or--c 4 ee, u 11r, T1?1 c 2Q- t'LSIL111 .'s- c,::,, 4� Tyr Is J Ilk 7L5' 7Z: lfo1 INC FALENDER DEVELOPMENTS 603 W. GILLESPIE ST. ASPEN, COLORADO 81611 970-920-1816 -- -- - --- DATE---------- -------- ---__- --- REGARDING ,i7a..c•.•I sz� s � ��%1z�i�.sc .s, I-' �-��r�e ��rL� �' �����'1 cL+��l ,si k-s, L 1 �' ' �� /?C� ,G c'XeY L L -.CAL-c.� !L!'c// J % ;c-r G,. 2' i t2 Si I2� L+ L J L s: if ell � _�'. �' ���.-�i... .'yt �� r� C •-,� `L• / f CL :�., �c{ �?{� [�i �' E�i'G�'4C�+.-.r 1qrk'6-7Lr / SCL': F en J e-- •i , , - � �.• - , : - •// C'• „� � , � �C' c� l :,� s•; mac✓ S ��+ eL f -� --e 74 gpp�v�9 5-D RESOLUTION NO. 27 (SERIES OF 2005) A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING COMMISSION, RECOMMENDING THAT CITY COUNCIL APPROVE A CONDITIONAL USE TO ESTABLISH THE ALLOWABLE FLOOR AREA RATIO (FAR) FOR THE MUSEUM USE ON THE RECONFIGURED WHEELER/STALLARD MUSEUM PARCEL, 620 W. BLEEKER STREET, CITY AND TOWNSITE OF ASPEN, PITKIN COUNTY, COLORADO. Parcel ID#2735-124-31-801 WHEREAS, the Community Development Department received an application from the Aspen Historical Society ("Applicant"), requesting approval of a conditional use in conjunction with a subdivision exemption request for a lot split, to reestablish the allowable FAR of the museum conditional use on the reconfigured Wheeler/Stallard Museum parcel (to be reduced in size through the proposed lot split) as what exists in the museum structures and associated carriage house, 620 W. Bleeker Street; and, WHEREAS, the Wheeler/Stallard Museum is located in the R-6 Zone District, and is a conditional use; and, WHEREAS, no conditional use approval currently exists for the museum, so the existing development constitutes the conditional use that is being amended by this resolution; and, WHEREAS, the Wheeler/Stallard Museum is currently located on a parcel of land that contains 53,400 square feet that is proposed to be reduced to 44,400 square feet by the associated lot split request; and, WHEREAS, the existing FAR in the Wheeler/Stallard Museum and associated carriage house has been calculated by the Applicant to be 5,793 square feet; and, WHEREAS, pursuant to Land Use Code Section 26.304.060(B)(1), Combined Reviews, the Community Development Director in consultation with the Applicant has combined review of the requested conditional use and lot split requests so that City Council shall be the final review authority on both the conditional use and lot split requests; and, WHEREAS, the Community Development Department reviewed the application for a conditional use and recommended approval; and, WHEREAS, during a duly noticed public hearing on August 16, 2005, the Planning and Zoning Commission approved Resolution No. 27, Series of 2005, by a five to zero (5-0) vote, recommending that City Council approve a conditional use to reestablish the allowable FAR of the museum conditional use on the reconfigured Wheeler/Stallard Museum parcel (to be reduced in size through the proposed lot split) as what exists in the museum structures and associated carriage house, 620 W. Bleeker Street; and, WHEREAS, the Aspen Planning and Zoning Commission has reviewed and considered the development proposal under the applicable provisions of the Municipal Code as identified herein, 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 Aspen Planning and Zoning Commission 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 Aspen Planning and Zoning Commission finds that this Resolution furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ASPEN PLANNING AND ZONING COMMISSION as follows: Section 1 Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the Aspen Planning and Zoning Commission recommends that City Council approve the requested conditional use to reestablish the allowable FAR of the museum conditional use on the reconfigured Wheeler/Stallard Museum parcel (to be reduced in size through the proposed lot split) as what exists in the museum structures and associated carriage house, 620 W. Bleeker Street , City and Townsite of Aspen, subject to the following conditions. The allowable FAR for the museum use on revised museum parcel (parcel consisting of 44,400 square feet if the associated lot split request is subsequently approved by City Council) shall be limited to the FAR of the existing museum structure and associated carriage house (calculated to be 5,793 square feet by the Applicant). 2. Any changes to the existing development or operational characteristics of the museum shall require review and approval of a conditional use amendment by the City of Aspen Community Development Director or Aspen Planning and Zoning Commission, depending on the magnitude of the change. The Community Development Director shall determine whether such an amendment shall require review by the Planning and Zoning Commission based on the procedures and guidelines established in Land Use Code Section 26.425, Conditional Use. 3. The 9,000 square foot parcel to be created through the associated lot split request shall not be used for anything other than the establishment of sixteen (16) Historic TDRs to be sold and used on other parcels of land throughout the City of Aspen pursuant to the procedures and guidelines established in Land Use Code Section 26.535, Transferable Development Rights. A plat note to this affect shall be included on the lot split plat to be recorded as a result of the proposed lot split being processed in association with this conditional use request. Section 2• This Resolution shall not effect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 3• If any section, subsection, sentence, clause, phrase, or portion of this Resolution is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. APPROVED by the Commission at its regular meeting on August 16, 2005. APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION: City Attorney ATTEST: Jackie Lothian, Deputy City Clerk Jasmine Tygre, Chair AGENDA ASPEN PLANNING AND ZONING COMMISSION REGULAR MEETING TUESDAY, August 16, 2005 4:30 p.m. SISTER CITIES, CITY HALL. I. COMMENTS A. Commissioners B. Planning Staff C. Public H. MINUTES M. DECLARATION OF .CONFLICT OF INTEREST IV. PUBLIC HEARINGS: A. Aspen Historical Society, Conditional Use, James Lindt B. Holiday House Affordable Housing PUD, Jennifer Phelan V. BOARD REPORTS VI. ADJOURN i MEMORANDUM TO: Aspen Planning and Zoning Commission (,JRA THRU: Joyce Allgaier, Community Development Deputy Director FROM: James Lindt, Senior Planner n—L, RE: Aspen Historical Society Conditional Use Review, Resolution No��eries of 2005-Public Hearing 0A It: August 10, LUUJ APPLICANT: Aspen Historical Society LOCATION: 620 E. Bleeker Street ZONING: R-6 Zone District REVIEW PROCEDURE: Conditional Use: The Planning and Zoning Commission shall by resolution, recommend that City Council approve, approve with conditions, or deny the conditional use request since this conditional use request has been combined with the review of the associated lot split and TDR establishment requests pursuant to Land Use Code Section 26.304.060(B)(1), Combined Reviews. STAFF RECOMMENDATION: Approval with conditions. Photo Above Wheeler/Stallard Museum. Photo Above: Portion of Parcel to be split off from Historical Society Parcel. SUMMARY: The Aspen Historical Society ("Applicant") has requested approval of a conditional use to establish the allowable FAR of the Wheeler/Stallard Museum as the existing FAR in the museum and associated carriage house. Since the subject property is located in the R-6 Zone District, which only sets forth an allowable FAR for single-family and duplex residential dwelling units, the museum, as a conditional use, is considered to have an allowable FAR of what currently exists. The Applicant would like to split off a 9,000 square foot portion of the existing 53,400 square foot parcel through an associated lot split request and sell off the development rights in the form of Historic Transferable Development Rights (TDRs). The conditional use approval is used to establish the FAR on the Wheeler/Stallard Museum as what currently exists (FAR existing in the Wheeler/Stallard Museum and associated carriage house) on the new museum parcel size of 44,400 square feet (after the lot split). It should be noted that the Applicant has proposed to sell off all of the development rights on the 9,000 square foot lot to be created through the proposed lot split and the new 9,000 square foot lot will contain no new development. RELATED LAND USE REQUESTS AND PROCEDURES: The Applicant has requested approval of the following land use actions in association with the conditional use request: • Subdivision Exemption for a Lot Split. • Establishment of Historic Transferable Development Rights. The Applicant has also requested the ability to combine the review of the conditional use request with the review of the lot split and TDR establishment requests pursuant to Land Use Code Section 26.304.060(B)(1), Combined Reviews. In response to the Applicant's request to combine the reviews, the Community Development Director has approved the ability to combine the reviews of the conditional use request and the other requests so that City Council is the final review authority on all of the actions, finding that combining the reviews will ensure clarity. STAFF COMMENTS: As was described above, the Applicant is not proposing to change the size or operational characteristics of the museum through the proposed conditional use. Instead, the Applicant is simply proposing to establish the allowable FAR for the museum and associated carriage house as what exists (existing FAR of the museum and associated carriage house with no additional development) on the new museum parcel size of 44,400 square feet after the completion of the lot split. Impacts of Request.• In evaluating the request to establish the allowable FAR as the existing FAR on the property, Staff does not believe that it will have any visual or operational impacts on the site. Moreover, the Applicant will be able to split the lot and sell off the proposed sixteen (16) TDRs since the lot split will not create a non -conformity with regards to the FAR of the existing buildings on the site, given that the museum FAR will be locked in as a result of the conditional use request. Restrictions on Wheeler/Stallard Museum: The charter of the Wheeler/Stallard Museum applies private covenant restrictions on the museum that does not allow the site to be developed with any additional structures. This is a private covenant issue that the City does not regulate. Nonetheless, Staff feels that the proposal would be consistent with this restriction in that the Applicant is not proposing to develop any additional structures on the site. Staff has included a condition of approval reinforcing that no additional development will occur on the fathering parcel consisting of 53,400 square feet without obtaining a conditional use amendment and that the new parcel to be created through the lot split be sterilized from development due to the creation of the proposed sixteen (16) TDRs. 3. Growth Mana eft_ As far as growth management is concerned, no employee housing mitigation is required to split the lot and sell off the sixteen (16) TDRs from the newly created 9,000 square foot parcel because the fathering parcel is exempt from growth management pursuant to Land Use Code Section 26.470.070(A)(4), Exempt Development: Single-family and Duplex Development on Historic Landmark Properties, because it is designated to the Aspen Inventory of Historic Sites and Structures. Additionally, the establishment of TDR certificates is exempt from growth management pursuant to Land Use Code Section 26.470.040(A)(6), Exempt Development: Transferable Development Rights. RECOMMENDATION: Staff recommends approval of the proposed conditional use request to establish the allowable FAR of 5,793 square feet for the museum use on the Aspen Historical Society parcel as the existing FAR of the structures on the site. Staff recommends approval of the attached resolution, recommending that City Council approve the proposed conditional use request. RECOMMENDED MOTION: (ALL MOTIONj RE MADE IN THE AFFIRMATIVE) "I move to approve Resolution No.Series of 2005, recommending that City Council approve with conditions, a conditional uo establish the allowable FAR for a museum use on reconfigured Wheeler/Stallard property of 44,400 square feet as the FAR of the existing site - specific development plan, consisting of 5,793 square feet of FAR, 620 W. Bleeker Street, City and Townsite of Aspen." ATTACHMENTS: Exhibit "A"- Review Criteria and Staff Responses Exhibit "B"- Application RESOLUTION NO. ' (SERIES OF 2004) A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING COMMISSION, RECOMMENDING THAT CITY COUNCIL APPROVE A CONDITIONAL USE TO ESTABLISH THE ALLOWABLE FLOOR AREA RATIO (FAR) FOR THE MUSEUM USE ON THE RECONFIGURED WHEELER/STALLARD MUSEUM PARCEL, 620 W. BLEEKER STREET, CITY AND TOWNSITE OF ASPEN, PITKIN COUNTY, COLORADO. Parcel ID#2735-124-31-801 WHEREAS, the Community Development Department received an application from the Aspen Historical Society ("Applicant"), requesting approval of a conditional use in conjunction with a subdivision exemption request for a lot split, to reestablish the allowable FAR of the museum conditional use on the reconfigured Wheeler/Stallard Museum parcel (to be reduced in size through the proposed lot split) as what exists in the museum structures and associated carriage house, 620 W. Bleeker Street; and, WHEREAS, the Wheeler/Stallard Museum is located in the R-6 Zone District, and is a conditional use; and, WHEREAS, no conditional use approval currently exists for the museum, so the existing development constitutes the conditional use that is being amended by this resolution; and, WHEREAS, the Wheeler/Stallard Museum is currently located on a parcel of land that contains 53,400 square feet that is proposed to be reduced to 44,400 square feet by the associated lot split request; and, WHEREAS, the existing FAR in the Wheeler/Stallard Museum and associated carriage house has been calculated by the Applicant to be 5,793 square feet; and, WHEREAS, pursuant to Land Use Code Section 26.304.060(B)(1), Combined Reviews, the Community Development Director in consultation with the Applicant has combined review of the requested conditional use and lot split requests so that City Council shall be the final review authority on both the conditional use and lot split requests; and, WHEREAS, the Community Development Department reviewed the application for a conditional use and recommended approval; and, WHEREAS, during a duly noticed public hearing on August 16, 2005, the Planning and Zoning Commission approved Resolution No. _, Series of 2005, by a _ to _ (_-_) vote, recommending that City Council approve a conditional use to reestablish the allowable FAR of the museum conditional use on the reconfigured Wheeler/Stallard Museum parcel (to be reduced in size through the proposed lot split) as what exists in the museum structures and associated carriage house, 620 W. Bleeker Street; and, WHEREAS, the Aspen Planning and Zoning Commission has reviewed and considered the development proposal under the applicable provisions of the Municipal Code as identified herein, 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 Aspen Planning and Zoning Commission 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 Aspen Planning and Zoning Commission finds that this Resolution furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ASPEN PLANNING AND ZONING COMMISSION as follows: Section 1 Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the Aspen Planning and Zoning Commission recommends that City Council approve the requested conditional use to reestablish the allowable FAR of the museum conditional use on the reconfigured Wheeler/Stallard Museum parcel (to be reduced in size through the proposed lot split) as what exists in the museum structures and associated carriage house, 620 W. Bleeker Street, City and Townsite of Aspen, subject to the following conditions. 1. The allowable FAR for the museum use on revised museum parcel (parcel consisting of 44,400 square feet if the associated lot split request is subsequently approved by City Council) shall be limited to the FAR of the existing museum structure and associated carriage house (calculated to be 5,793 square feet by the Applicant). 2. Any changes to the existing development or operational characteristics of the museum shall require review and approval of a conditional use amendment by the City of Aspen Community Development Director or Aspen Planning and Zoning Commission, depending on the magnitude of the change. The Community Development Director shall determine whether such an amendment shall require review by the Planning and Zoning Commission based on the procedures and guidelines established in Land Use Code Section 26.425, Conditional Use. 3. The 9,000 square foot parcel to be created through the associated lot split request shall not be used for anything other than the establishment of sixteen (16) Historic TDRs to be sold and used on other parcels of land throughout the City of Aspen pursuant to the procedures and guidelines established in Land Use Code- Section 26.535, Transferable Development Rights. A plat note to this affect shall be included on the lot split plat to be recorded as a result of the proposed lot split being processed in association with this conditional use request. Section 2• This Resolution shall not effect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 3• If any section, subsection, sentence, clause, phrase, or portion of this Resolution is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. APPROVED by the Commission at its regular meeting on August 16, 2005. APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION: City Attorney ATTEST: Jackie Lothian, Deputy City Clerk Jasmine Tygre, Chair EXHIBIT A HISTORICAL SOCIETY CONDITIONAL USE REVIEW CRITERIA & STAFF FINDINGS 26.425.040 Standards applicable to all conditional uses. When considering a development application for a conditional use, the Planning and Zoning Commission shall consider whether all of the following standards are met, as applicable. A. The conditional use is consistent with the purposes, goals,- objectives and standards of the Aspen Area Community Plan, with the intent of the zone district in which it is proposed to be located, and complies with all other applicable requirements of this Title; and Staff Finding Staff believes that the proposed conditional use amendment is consistent with the goals set forth in the AACP related to preserving Aspen's irreplaceable historic resources by acting as part of the catalyst in allowing for the Historical Society the ability to create sixteen (16) TDRs to sell off in order to remain viable financially. Moreover, Staff feels that the proposed amendment will preserve the character of the site by establishing the allowable FAR for the newly configured museum parcel as the FAR of the existing development on the site. Staff finds this criterion to be met. B. The conditional use is consistent and compatible with the character of the immediate vicinity of the parcel proposed for development and surrounding land uses, or enhances the mixture of complimentary uses and activities in the immediate vicinity of the parcel proposed for development; and Staff Finding Since the intent of the proposed conditional use amendment is simply to reestablish the existing development as the approved site -specific development plan on the new museum parcel size of 44,400 square feet (in conjunction with the proposed lot split), Staff believes that the museum's use and operational characteristics are not changing as a result of the proposed amendment. Staff finds this criterion to be met. C. The location, size, design and operating characteristics of the proposed conditional use minimizes adverse effects, including visual impacts, impacts on pedestrian and vehicular circulation, parking, trash, service delivery, noise, vibrations and odor on surrounding properties; and Staff Finding The proposed conditional use amendment is not proposing to alter the existing operational characteristics of the museum. In stead, the proposed amendment simply reestablishes the existing development as the approved site -specific development plan on the new museum parcel size of 44,400 square feet (in conjunction with the proposed lot split). Staff fins this criterion to be met. D. There are adequate public facilities and services to serve the conditional use including but not limited to roads, potable water, sewer, solid waste, parks, police, fire protection, emergency medical services, hospital and medical services, drainage systems, and schools; and Staff Finding Staff believes that the proposed conditional use amendment is not altering the need for public facilities and services and the existing museum and associated carriage house are already served by adequate public facilities and services. Staff finds this criterion to be met. E. The applicant commits to supply affordable housing to meet the incremental need for increased employees generated by the conditional use; and Staff Finding As was discussed in the memo, the Applicant is not required to provide affordable housing mitigation for establishing and selling off the sixteen (16) Historic TDRs on the 9,000 square foot lot that is to be created through the lot split associated with this conditional use amendment, since the fathering 53,400 square foot parcel is designated to the Aspen Inventory of Historic Sites and Structures. Staff finds this criterion to be met. ATTACHMENT 7 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE � 1 c ADDRESS OF PROPERTY: f �� CJ(il �,) Q� , Aspen, CO SCHEDULED PUBLIC HEARING DATE: /0, 200 STATE OF COLORADO ) ) ss. County of Pitkin ) 1, \1 CtMVS 1, I ✓1(-J �— - (name, please print) being or representing an Applicant to the City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) of the Aspen Land Use Code in the following manner: Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen at least fifteen (15) days prior to the public hearing. A copy of the publication is attached hereto. Posting of notice: By posting of notice, which form was obtaine�from the Community Development Department, which was made of suitab , waterproof materials, which was not less than twenty-two (22) inIs 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 public 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 oers shall be those on the current tax records of Pitkin County as they appeared no more than sixty (60) days prior to the date of the public hearing. A copy of the owners and governmental agencies so noticed is attached hereto. (continued on next page) Rezoning or text amendment. Whenever the official zoning district map is in any way to be changed or amended incidental to or as part of a general revision of this Title, or whenever the text of this Title is to be amended, whether such revision be made by repeal of this Title and enactment of a new land use regulation, or otherwise, the requirement of an accurate survey map or other sufficient legal description of, and the notice to and listing of names and addresses of owners of real property in the area of the proposed change shall be waived. However, the proposed zoning map has been available for public inspection in the planning agency during all business hours for fifteen (15) days prior to the public hearing on such amendments. nature The foregoing "Affidavit of Notice" was acknowledged before me h I day of A , 200S, by �� WITNESS MY HAND AND OFFICIAL SEAL My commission expires: Y ,001 .-3 % Notary Public ATTACHMENTS: COPY OF THE PUBLICATION PHOTOGRAPH OF THE POSTED NOTICE (SIGN) LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED BYMAIL PUBLIC NOTICE RE: ASPEN HISTORICAL aOCIETY (620 E. BLEEK- ER ST.) CONDITIONAL USE NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, August 16, 2005, at a meeting to begin -at 4:30 p.m. before the As- pen Planning and Zoning Commission, Sister Cit- ies Room, Basement of Aspen City Hall, 130 S. Ga- lena St., Aspen, to consider an application sub- mitted by the Aspen Historical Society, 620 W. Bleeker Street, Aspen, CO 81611, requesting ap- proval of a conditional use request to establish the existing site specific plan and operations for the museum use at 620 E. Bleeker Street (Wheel- er/ Stallard Museum) as allowable on a smaller parcel size than currently exists. The Applicant has requested approval of the conditional use in conjunction with a lot split request to split the existing parcel into a 9,000 square foot lot and a 44,400 square foot lot in order to establish Histor- ic Transferable Development Rights on the 9,000 square foot lot to be created. The property sub- ject to this application is legally described as Lots A-G and Lots KS, Block 23, City and Town - site of Aspen and is commonly known as the Wheeler/ Stallard Museum. For further information, contact James Lindt at the City of Aspen Community Development De- partment, 130 S. Galena St., Aspen, CO, (970) 429- 2763, jamesl®ci.aspen.co.us. s/Jasmine Tygre, Chair Aspen Planning and Zoning Commission Published in the Aspen Times Weekly on July 31, 2005.(2941) ATTACHMENT 7 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: 620 E. Bleeker Street (Wheeler/Stallard Museum , Aspen, CO SCHEDULED PUBLIC HEARING DATE: 16 Aupust , 2005 STATE OF COLORADO ) ) SS. County of Pitkin ) I, F. L. (Stan) Clauson (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: X Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen at least fifteen (15) days prior to the public hearing. A copy of the publication is attached hereto. X 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 29 day of Jul , 2005 , to and including the date and time of the public hearing. A photograph of the posted notice (sign) is attached hereto. X 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) Rezoning or text amendment. Whenever the official zoning district map is in any way to be changed or amended incidental to or as part of a general revision of this Title, or whenever the text of this Title is to be amended, whether such revision be made by repeal of this Title and enactment of a new land use regulation, or otherwise, the requirement of an accurate survey map or other sufficient legal description of, and the notice to and listing of names and addresses of owners of real property in the area of the proposed change shall be waived. However, the proposed zoning map has been available for public inspection in the planning agency during all business hours for fifteen (15) days prior to the public hearing on such amendments. Sig The foregoing "Affidavit of Notice" was acknowledged before me this day of WITNESS MY HAND AND OFFICIAL SEAL My commission expires: Notary Public ATTACHMENTS: COPY OF THE PUBLI CA TION y s- PHOTOGRAPH OF THE POSTED NOTICE (SIG19 LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED BYALUL Z CaF5 PUBLIC NOTICE RE: ASPEN HISTORICAL SOCIETY (620 E. BLEEKER ST.) CONDITIONAL USE NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, August 16, 2005, at a meeting to begin at 4:30 p.m. before the Aspen Planning and Zoning Commission, Sister Cities Room, Basement of Aspen City Hall, 130 S. Galena St., Aspen, to consider an application submitted by the Aspen Historical Society, 620 W. Bleeker Street, Aspen, CO 81611, requesting approval of a conditional use request to establish the existing site specific plan and operations for the museum use at 620 E. Bleeker Street (Wheeler/Stallard Museum) as allowable on a smaller parcel size than currently exists. The Applicant has requested approval of the conditional use in conjunction with a lot split request to split the existing parcel into a 9,000 square foot lot and a 44,400 square foot lot in order to establish Historic Transferable Development Rights on the 9,000 square foot lot to be created. The property subject to this application is legally described as Lots A-G and Lots K-S, Block 23, City and Townsite of Aspen and is commonly known as the Wheeler/Stallard Museum. For further information, contact James Lindt at the City of Aspen Community Development Department, 130 S. Galena St., Aspen, CO, (970) 429-2763, j amesl@ci.aspen.co. us. s/Jasmine Tyare, Chair Aspen Planning and Zoning Commission Published in the Aspen Times on July 31, 2005 City of Aspen Account Jam and Smudge Free Printing www.avery.co Q AVERYO 5160" Use Avery'D TEMPLATE 51600 �� 1-800-GO-AVEI OLIVER SPORTS BRACING LLC OLSHAN BURTON D 1/2 P B HOLDINGS LLC PO BOX 10916 OLSHAN KATHLEEN W 1/2 725 W BLEEKER ST ASPEN, CO 81612 5408 OLD LEEDS RD ASPEN, CO 81611 BIRMINGHAM, AL 35210 PAMAYACU LLC PARFET DONALD R & ANNE V PATRICK KEVIN 9121 E TANQUE VERDE #105 11000 RIDGEWOOD LN 730 E DURANT AVE #200 TUCSON, AZ 85749 RICHLAND, MI 49083 ASPEN, CO 81611 PEARSON MARK M & LEES M PUMAYACU LLC RAZEK EDWARD G 702 W MAIN ST C/O AMBER MICHAEL 3 LIMITED PKWY ASPEN, CO 81611 9121 E TANQUE VERDE #105 COLOMBUS, OH 43230 TUCSON, AZ 85749 RITCHIE ROBERT RUSSO NICK A RUTHERFORD MICHAEL G 701 W FRANCIS ST PO BOX 4743 5 E GREENWAY PLAZA #220 ASPEN, CO 81611 ASPEN, CO 81612 HOUSTON, TX 77046 SANDERS BARBARA SCHOEBERLEIN DEBORAH & SCHULER DEE M & R KENT PO BOX 8598 JOSEPH 417 HOLLAND HILLS RD ASPEN, CO 81612 520 W MAIN ST APT 23 BASALT, CO 81621 ASPEN, CO 81611-1656 SHAFROTH DIANA H TRUST SIVART HLDGS LTD PTNR THOMSON SHANTA KIM 3901 E BELLEVIEW AVE 21 BREEZY KNOLL PO BOX 2503 LITTLETON, CO 80121 AVON, CT 06001 ASPEN, CO 81612 ULLR HOMEOWNERS VERLEGER PHILIP K JR & VICENZI GEORGE A TRUST ASSOCIATION MARGARET B PO BOX 2238 600 E HOPKINS #304 615 W FRANCIS ST ASPEN, CO 81612 ASPEN, CO 81611 ASPEN, CO 81611 WAGNER HOLDINGS WALTZ FAMILY TRUST WARE NINA COULTER CORPORATION LLC 6075 LA JOLLA SCENIC DR 34 CLERMONT LN C/O BILL POSS LA JOLLA, CA 92037 ST LOUIS, MO 63124 605 E MAIN ST ASPEN, CO 81611 WATERS SOMERSET WELLS JANE I WILSON MARY ELIZABETH MILLBROOK SCHOOL 721 W NORTH ST 630 W HALLAM ST MILLBROOK, NY 12545 ASPEN, CO 81611 ASPEN, CO 81611 WM HOLDINGS LLC WOGAN WENDY C/O KELLY MITCHELL 533 W FRANCIS 300 B AABC ASPEN, CO 81611 ASPEN, CO 81611 0 oA2J3l�b/ 1�I1 ,ka3AV-O9-008-L 009LS 1!jege6 ai zes!!!1n a 09L5 a W0:)-A.lane•MMAA apidea a6ey:)as a }a a6eaanoq!;ue uolssaidwi Jam and Smudge Free Printing www.avery.co Use AveryO TEMPLATE 5160'D 1-800-GO-AVE S AVERY@ 51600 HERNANDEZ LORENE & CECIL M HILLMAN DORA B TRUST PO BOX 1045 504 W BLEEKER ASPEN, CO 81612 ASPEN, CO 81611 HORTON DAYNA L HOTEL ASPEN CONDOMINIUM C/O STIRLING HOMES ASSOCIATION 600 E MAIN ST #102 110 WEST MAIN STREET ASPEN, CO 81611 ASPEN, CO 81611 IGLEHART JAMES P 610 W HALLAM ST ASPEN, CO 81611 KEY R BRILL & ELIZABETH R C/O KEY MEDIA 720 E HYMAN #301 ASPEN, CO 81611 LEVIN WILLIAM A 86 CHAMBERS ST #201 NEW YORK, NY 10007 MACDONALD BETTE S TRUST 15 BLACKMER RD ENGLEWOOD, CO 80110 MANGONE PARTNERSHIP LP 12687 W CEDAR DR #100 LAKEWOOD, CO 80228 MCCAUSLAND LINDA PO BOX 1584 ASPEN, CO 81612 MICROPLAS MGMT CO C/O EDWARD J CAWLEY 790 W HALLAM #10 ASPEN, CO 81611 NATIONWIDE THEATRES CORPORATION A CALIFORNIA CORPORATION 120 N ROBERTSON BLVD LOS ANGELES, CA 90048 HILLMAN TATNALL LEA 504 W BLEEKER ST ASPEN, CO 81611 HUNT ROGER H PO BOX 3944 ASPEN, CO 81612 KAFRISSEN ARTHUR & CAROLE F KC ASPEN LLC PO BOX 10727 75-5706 HANAMA PLACE SUITE 104 1 ASPEN, CO 81612-9780 KAILUA-KONA, HI 96740 KOVAL BARBARA TRUST LDD WEST LLC C/O NORTH OF NELL 220 N SMITH ST STE 300 555 E DURANT PALATINE, IL 60067-2448 ASPEN, CO 81611 LEVINE THEODORE A SWANSON LUCIA D 425 E 58TH ST #25H NEW YORK, NY 10022 MAEWEST LLC ATTN: DOROTHY A SHARP 706 WEST MAIN ASPEN, CO 81611 MARTIN JAMES R QPRT TRUST CO OF KNOXVILLE TRSTE 620 MARKET ST #300 KNOXVILLE, TN 37902 LUU INVESTMENTS LLC 435 E MAIN ST ASPEN, CO 81611 MANCLARK WILLIAM & DARLEEN TRUST 313 E BAY FRONT BALBOA ISLAND, CA 92662 MATKIN SALOISE 605 E MAIN ST #5 ASPEN, CO 81611 MCGARVEY JAMES N JR & PAULA S MCMANUS JAMES R 81 PONTE VEDRA BLVD 1552 POST RD PONTE VEDRA BEACH, FL 32082 FAIRFIELD, CT 06824-5935 MOUNTAIN RESCUE ASPEN INC 630 W MAIN ST ASPEN, CO 81611 NIEBUR DEWAYNE E & JO ANN E 721 W FRANCIS ASPEN, CO 81611 MULLEN MICHEL 8411 PRESTON RD #730 LB 2 DALLAS, TX 75225 NORTH AND SOUTH ASPEN LLC 200 S ASPEN ST ASPEN, CO 81611 in 009LS )AUsmv n J O A,[JaAe-008-L ® ®09L51q!lue o ssa alzasi wi ua0�"/\,IaAp"MMM apidea a6pq�as a �a a6eaanogi;ue uoissaaduli Jam and Smudge Free Printing www.avery.co AVERY@ 5160 Use laveryO TEMPLATE 51600 77 x1a00 2 ��� 635 WEST BLEEKER LLC C/O NANCY SPEARS P O BOX 2630 ASPEN, CO 81612 ASPEN HOUSING LLC 299 MILWAUKEE ST STE 502 DENVER, CO 80206 BAKER WILLIAM 790 W HALLAM UNIT #1 ASPEN, CO 81611 BOYE CAROL 2655 LAKE DR #4 SINGER ISLAND, FL 33404 CLEANER EXPRESS 435 E MAIN ST ASPEN, CO 81611 CROCKETT E DAVID TRUSTEE CROCKETT ANN RAE TRUSTEE 10898 MORA DR LOS ALTOS HILLS, CA 94024 DESTINATION RESORT MGMT INC 610 WEST END ST ASPEN, CO 81611 FERGUS ELIZABETH DAWSON PO BOX 1515 ASPEN, CO 81612 GOLDMAN RICHARD FAMILY LP 35 STONEWOOD DR MORELAND HILLS, OH 44022 HARRY SALLY 50% 601 E HOPKINS 3RD FL ASPEN, CO 81611 ALPINE BANK ASPEN 600 E HOPKINS AVE ASPEN, CO 81611 ASPEN SQUARE CONDOMINIUMS ASSOC 617 E COOPER AVE ASPEN, CO 81611 BAUER WALTER F TRUST 15935 VALLEY VISTA ENCINO, CA 91436 BREIDENBACH WARREN C 225 ABRAHAM FLEXNER WY #700 LOUISVILLE, KY 40202 COULTER G LYNNIE PO BOX L3 ASPEN, CO 81612 CZECH NOAH PO BOX 12086 ASPEN, CO 81612 EMERSON LTD C/O SWEENEY 533 W HALLAM ST ASPEN, CO 81611 FRANCIS MARY VIRGINIA 711 W SLEEKER ASPEN, CO 81611 GORDMAN LINDA K 718 W HALLAM ST ASPEN, CO 81611-1146 HAYES MARY FAMILY PTNSP LTD PO BOX 497 ASPEN, CO 81612 ASPEN CONDOMINIUM ASSOCIATION 600 E HOPKINS AVE STE 304 ASPEN, CO 81611-2934 BAILEY MIRANDA 1994 TRUST 50% 15808798 METAVANTE WAY SIOUX FALLS, SD 57186 BOWEN-STANLEY PAMELA 2934 1/2 N BEVERLY GLEN CIR #482 LOS ANGELES, CA 90077 CITY OF ASPEN 130 S GALENA ST ASPEN, CO 81611 CRITERION HOLDING CO LLC 790 W HALLAM ST #10 ASPEN, CO 81611 DEROSA THOMAS J PO BOX 817 BROOKLANDVILLE, MD 21022 FELD ANNE S 1700 PACIFIC AVE STE 4100 DALLAS, TX 75201 FRIAS PROPERTIES OF ASPEN LLC 730 E DURANT ASPEN, CO 81611 HALLAM SIX LLC 4430 ARAPAHO STE 110 BOULDER, CO 80303 HENRY KRISTEN 525 W HALLAM ST ASPEN, CO 81611-1246 � j AM3AV-09-008-6 �� 009LS I!aege6 al zasinin n096S OA.J3Ad I�Y'J 1 UJOYAaane•nnnnnn apidea abeLpas a }a a6ea.mogi;ue uoissaidwi PUBLIC NOTICE RE: ASPEN HISTORICAL SOCIETY (620 E. BLEEKER ST.) CONDITIONAL USE NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, August 16, 2005, at a meeting to begin at 4:30 p.m. before the Aspen Planning and Zoning Commission, Sister Cities Room, Basement of Aspen City Hall, 130 S. Galena St., Aspen, to consider an application submitted by the Aspen Historical Society, 620 W. Bleeker Street, Aspen, CO 81611, requesting approval of a conditional use request to establish the existing site specific plan and operations for the museum use at 620 E. Bleeker Street (Wheeler/Stallard Museum) as allowable on a smaller parcel size than currently exists. The Applicant has requested approval of the conditional use in conjunction with a lot split request to split the existing parcel into a 9,000 square foot lot and a 44,400 square foot lot in order to establish Historic Transferable Development Rights on the 9,000 square foot lot to be created. The property subject to this application is legally described as Lots A-G and Lots K-S, Block 23, City and Townsite of Aspen and is commonly known as the Wheeler/Stallard Museum. For further information, contact James Lindt at the City of Aspen Community Development Department, 130 S. Galena St., Aspen, CO, (970) 429-2763, j amesl@ci. aspen. co.us. s/Jasmine Tyare, Chair Aspen Planning and Zoning Commission Published in the Aspen Times on July 31, 2005 City of Aspen Account t MEMORANDUM To: Aspen Historic Preservation Committee From: Roxanne Eflin, Historic Preservation Planner Re: Final Development Review - Wheeler -Stallard Carriage House addition, 620 W. Bleeker Date: February 28, 1990 ---------------------------- APPLICANT'S REQUEST: Final Development approval for the addition to the carriage house, and an FAR variation in the amount of 140.5 sq. ft. PREVIOUS HPC ACTION: On October 18, 1989, the HPC reviewed the proposal to add restrooms and storage space in the form of an addition to the Historical Society's Wheeler -Stallard Carriage House. The Committee found the design incompatible with the parcel, and unanimously voted to table action, allowing the applicant time to restudy the proposal. On December 13, 1989, the HPC granted Conceptual Development approval to the revised proposal, with the following conditions to be met at Final: 1. Exact materials shall be represented 2. Landscaping plans, including walkway materials, shall be submitted 3. The foundation base shall be clapboard, not stone veneer as proposed 4. Fenestration shall be restudied on ground floor, east elevation. Conceptual approval was also granted for the 140.5 sq. ft. FAR variation requested by the applicant. STAFF'S COMMENTS: The applicant's request for Final Development approval meets the conditions of Conceptual approval. The changes are discussed as follows: 1. The east elevation windows have been restudied. Two small cottage -style windows are proposed, to allow light into each of the two restroom spaces. A circular window is centered between the two. The upper floor gable includes a set of moderately -sized paneled doors (newly proposed), to egress to attic storage space. We find these changes reasonable, and will allow the HPC to make the decision on the round center window. 2. The stone foundation has been eliminated; clapboard continues to the ground. 3. A landscape plan has been included. Staff feels this should be carefully studied by the HPC Staff understands that AHS Board member, Fran Davies, is working with landscape architect Julia Marshall, which we strongly recommend. The opportunity exists to create an interpreted living history example of Victorian landscaping with appropriate gardens and surface treatments. We feel that the natural elements of this house museum can be greatly enhanced with the guidance of a professional skilled in traditional landscape treatments. The basic landscape plan developed by the architect provides a good foundation to study traffic patterns, surface treatments, handicapped access, garden space, signage and furniture treatments. Concrete trimmed with brick is proposed. This may be the most appropriate material in this case, only if it is used creatively with ample brick, tinted softly and finished in such a way to mask its hard, suburban character. The walkways are very linear, with the exception of the west side nearest the house. Victorian gardens near the end of the 19th century were generally not as rigid and defined as earlier English gardens. Therefore, we feel that a restudy of the walkways is appropriate, to create a "system" of gently curving surfaces. We feel this approach will provide a character variation from the linear nature of the Wheeler -Stallard House itself. RECOMMENDATION: The Planning Office recommends that the HPC grant Final Development approval, and an FAR variation of 140.5 sq. ft., for the addition to the Wheeler -Stallard Carriage House, with the following conditions to be approved by staff and the HPC project monitor: 1) The large pine located closest to the proposed additional shall be preserved; should a relocation become necessary, an explanation letter from a landscape architect shall be submitted to staff for consideration. 2) The applicant work closely with a professional landscape architect skilled in Victorian landscape treatments, to restudy the pathways and surface treatments, and fully develop the landscape plan. memo.hpc.620wb.fd 9 _ ROBERT DELANEY _ Y,( ]� KENNETH BALCOMB DELANEY 8c BALCOMB ATTORNEYS AT LAW POST OFFICE BOX 149 - GLENWOOD SPBI2T(3S, COLOEADO 816o1 PHONE WHITNEY 5-6546 June 6a, 1964 City Council City of Aspen, Colorado GeaL 3 e1%. ::a : You have asked me, as City Attorney, to give you my opinion coacera,ing the petition dated ,Tune 24, 1964, made to the Council by Elizabeth H. Paepcke, individually and as executrix of the esttgtc� of Gtalter P. pSepcke, deceased, and Alvin C. Euri-ch, requesting CtaF Council tc v2cste the alley through Block 23, City of Aspen y deed from the Mayor. The Petition also requeits a c0afirmiag I have examined certafa records in both the office of the Cleric �)) andRec order's Office for Pitkin County,: -Colorado, and the City CiLY ofP Prom my ex8mination of these records, it is my conclusjonthe that the alley through Block 23, public alCit7 of Aspen, Colorado, never became a ley, so that no vacation thereof by the Council is necessary or proper. 1 Two old maps of the Aspen Townsit,e in the County Cleric's office and the, map filed with the County Judge for.Gunnison County, Colorado, in CcMnaction With incorporation of the City Of Aspen, aIIIeC�FI%@ the deed t0 J. B• Wheeler, hereinafter wentionad, and shots an alley through Block 23, Except or the Buchanan map of 1958, this alley ©thsrwise�appear. None of these mac$ show as 4.z vi7ny, does not public useof streets or thereon that any dedication fob. ` alleys was ever made, and no acceptance of any 7 dedication appears, Abstracts '. foe variou3 lots in the City ofAspen,by the Pitki:� County Abstract Company of streets and alley P , o 1883d��, do not redact a dedication ,�s, at least prior to 1883. Patent from the United States for the A3pea T-3w-isito issued to the County Judge, in Trust, in IB�sj, The minutes of the meetil; of the City Council on October 24, 1887, reflect that J. B. Wheeler petitioned the Council to vacate the alla apparently, came of this petition, the last reference tha � Y• Nothing minutes of the Council meeting of November 21, 1837, reto being in the a deed for On December 29,in 1887, M. G. Miller, a County it' a ley i gave J. B, n??�e1�►r acco- Un to the "together wit' alley in said Block Iat on file in ti:c Office of the Count and Probate Jud a of staid Count of Pitkin". (Underli niz adlad for emphasis). On December 29, 1887, the County Judge had sufficient title to late and the streets and allay3 to make Chia conveyance, City Council -2- June 29, 1964 The 1889 assessment roil of Aspen property in file in the City Clerk's Cfiice shoos J. B. Wheeler as aasassecl for all of Block 23, with land value at $2,500.00. Since the book reilecta surrounding lot assessment values at $125.00 per lot, one Would naturally assume Wheeler was assessed for the alley at the value of two lots. In 1396, the "Willits" map was prepared and though the alley is sh cln, lines at the ends of the alley indicate it was closed, or at least -not to be considered as a public alley. The Willits map has been used as tha map of Aspen for many yearn, and until tha Buchanan snap Was L prepared. A "bird's eye view" of Aspen prepared in 1893, shows the house on Blo -k 23 across the e lley, and no alley appears,-,Ocuagh alleys are evi'denr in other blocks. A map of Aspen prepared by San,.orn for insurance purposes in 1904, shotT3 the alley in Block 23 as being not ep�n. It was on these facts that I based the conclusion heretofore made. However, I do recommend that the Mayor execute a c--n4irmin, deed to the present owner or o,amers. she execution of such a deed does not require con:il action and is a matter of course. Attorneys in Aspen have for some years required au c deeds because., oa ,January 27, 1897, the United States revoked the 1835 patent for errs.-s, and issued a new patent to the Mayor or Aspen. This revocation cannot, in my opinion, affect prior con;,eyance by the County Judge, but the confirming deed has become a custom. Very truly yours, Kenneth Balcomb, City Attorney ffin W i The Ci c y Coir :. City or A.=pen :aspen, Co"orad-;, Gen'` lem,-n -I . J n 14, 196_f. ,r LT.e iznder:;igned as the 'owners o` � all lots within B►oe.L 23, City and TDwnsite of Asper, Colorado. do hereby petition the City% Counci to enact an ordinance vacating the alley through this block, and to authorize the executiryri.and delivery of Mayor's deed to the undersign-3 confirming title, according to the usual practice followed in Aspen. LV way of explanation, in '887 the County dud e convn Wheeler Lots A ':through a inciusive in Block ? g ye'i to 3. B. 3 "together with --he alley in said BBI—ck y.ccordina to the lat on file in the office of th_ Count and all cf -._: of'. said Count of Pi.tkin " 5ubse�quent. coriLe anc all cf L_: 2._s, but without specific reference to the ailev. eTl�,enp]ateo file w t;I CO"Ate: Clerk and Recorder indicates an alley block. hrough the used cAl,:.),,:.)prcc:.edirigs .subseq,_,ent to issuance of the ounth Judge's usu,eate tco ecstio;ns concerning the efficacy of s_,ch deed, i�nd the al mea;: off correcting this discrepancy is by Mayor's confirming deed. . in �q iest :on was appartnti,r never us-d as an ai'_ay,. and instea�-i a trucc;4re was built upon it t the t- .e " 3 ,3 „ - of co_ tructi.�� of the Stal_e.r.. .o..se,. An ai:�e: throe ':-: purposes g this block serves a. a-,f:il or necessary vie: of the fact that. the alley was conveyed L-u the former propf rty cwner, cLnd no dedication was apparently completed, permission is reque ted to proceed with construction of the two -car garage now being built on the sit2 of the old structure recently removed. On the basis of being permitted to proceed with such conscruction, wp- hereby -agree that the rights of the City ad the undersigned will be expressly preserved, arc' nc xipJ;ls of the City ;?. be :iaived in the even: the alley is not ordered v-acated by the City Very truly yours, ind iv dually an-1 as Executr x o z maize Estate of Walter P. Pay �cke, D,c F cr.-::sect, L �� 40 APPLICATION Wheeler/Stallard Museum = 620 Nest Bleeker Street 16 June 2005 Applicant: Aspen Historical Society Location: 620 W. Bleeker Street Aspen, CO 81611 An application for Lot Split & Transferable Development Rights Represented by: Stan Clauson Associates, LLC 200 E. Main Street Aspen, CO 81611 970-925-2323 STAN CLAUSON ASSOCIATES, LLC 16 June 2005 Ms. Amy Guthrie, Senior Planner City of Aspen Community Development Department 130 S. Galena Street Aspen, Colorado 81611 Planning • Urban Design Landscape Architecture Transportation Studies Project Management 200 EAST MAIN STREET ASPEN. COLORADO 81611 TELEPHONE: 970.925.2323 FAx: 970.920.1628 E-MAIL: info@scaplanning.com WEB: www.scaplanning.com Re: Request for Lot Split, Amendment to Conditional Use, and TDR for the Wheeler/Stallard Museum at 620 West Bleeker Street Dear Amy: On behalf of the Aspen Historical Society, we are writing to request that the City of Aspen conduct the necessary reviews to provide for a Lot Split, Amendment to Conditional Use, and TDR creation for the Wheeler/Stallard Museum located at 620 West Bleeker Street. To raise funds to endow current and future operations, the Aspen Historical Society is requesting a lot split for the purpose of establishing additional development rights, which will be sold as Historic Transferable Development Rights. Sixteen (16) TDRs would be severed from the newly created lot of 9,000 s. f. in the southwest corner of the subject property. This application seeks an approval for this TDR creation, pursuant to Section 26.480, Section 26.425, and Section 26.535 of the Aspen Land Use Code, as identified in the Pre -application Conference Summary dated 1 November 2004. In this application, we have responded to the criteria in each of those sections. Additionally, the Aspen Historical Society has requested that the application fees be waived. This request is included as Attachment Number 9. I look forward to an opportunity to present this application in the review process, and remain ready to answer any questions that you or the review boards may have. Very truly yours, W_ Stan Clauson, AICP, ASLA STAN CLAUSON ASSOCIATES, LLC PLANNING AND DESIGN SOLUTIONS FOR COMMUNITIES AND PRIVATE SECTOR CLIENTS RECEIVED PUBLIC NOTICE S E P 2 7 2005 RE: ASPEN HISTORICAL SOCIETY (620 W. BLEEKER ST.) CO"fWNAL USE, LOT SPLIT, ESTABLISHMENT OF TRANSFERABLE DEVELOPNWJiT NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, October 11, 2005, at a meeting to begin at 5:00 p.m. before the Aspen City Council, Council Chambers, Basement of Aspen City Hall, 130 S. Galena St., Aspen, to consider an application submitted by the Aspen Historical Society, 620 W. Bleeker Street, Aspen, CO 81611, requesting approval of a conditional use request to establish the existing site specific plan and operations for the museum use at 620 W. Bleeker Street (Wheeler/Stallard Museum) as allowable on a smaller parcel size than currently exists. The Applicant has requested approval of the conditional use in conjunction with a lot split request to split the existing parcel into a 9,000 square foot lot and a 44,400 square foot lot in order to establish 16 Historic Transferable Development Rights on the 9,000 square foot lot to be created. The property subject to this application is legally described as Lots A-G and Lots K-S, Block 23, City and Townsite of Aspen and is commonly known as the Wheeler/Stallard Museum. For further information, contact James Lindt at the City of Aspen Community Development Department, 130 S. Galena St., Aspen, CO, (970) 429-2763,jarnesl@ci.aspen.co.us. s/Helen Kahn Klanderud, Mayor Aspen City Council Published in the Aspen Times on September 25, 2005 City of Aspen Account Ms. Amy Guthrie, Senor Planner 16 June 2005 Page Two Attachments: 1) Land Use Application 2) Land Use Code Standards Report 3) Vicinity Map 4) Proposed Lot Split Drawing 5) Affidavit to establish TDR Certificate 6) Letter of Authorization 7) Proof of Ownership 8) List of adjacent property owners 9) Application Fee Waiver Request 10) Preapplication Conference Summary, dated 1 November 2004 Attachment 1 LAND USE APPLICATION APPLICANT: Name: Aspen Historic Society Location: Wheeler/Stallard Museum, 620 W. Bleeker Street (Indicate street address, lot & block number, legal description where appropriate) Parcel ID # (REQUIRED) 273512431801 REPRESENTATIVE: Name: Stan Clauson Associates, LLC Address: 200 East Main Street, Aspen Phone #: 970-925-2323 PROJECT: Name: Aspen Historical Society Address: 620 W. Bleeker Street Phone #: Aspen, CO 81611 TYPE OF APPLICATION: (please check all that apply): ❑X Conditional Use ❑ Conceptual PUD ❑ Conceptual Historic Devt. ❑ Special Review ❑ Final PUD (& PUD Amendment) ❑ Final Historic Development ❑ Design Review Appeal ❑ Conceptual SPA ❑ Minor Historic Devt. ❑ GMQS Allotment ❑ Final SPA (& SPA Amendment) ❑ Historic Demolition ❑ GMQS Exemption ❑ Subdivision ❑ Historic Designation ❑ ESA — 8040 Greenline, Stream ❑ Subdivision Exemption (includes ❑ Small Lodge Conversion/ Margin, Hallam Lake Bluff, condom inium ization) Expansion Mountain View Plane ❑x Lot Split ❑ Temporary Use ❑x Other: TDR ❑ Lot Line Adjustment ❑ Text/Map Amendment EXISTING CONDITIONS: (description of existing buildings, uses, previous approvals, etc.) Queen Ann style principal structure and a carnage house which house the Wheeler/Stallard Museum, consisting 5,793 s. f. in floor area PROPOSAL: (description of modifications, etc. Requesting, a lot split for the purpose of establishing additional development rights, which will be sold as Historic Transferable Development Rights. Sixteen (16) MRS would be severed from the newly created lot of 9,000 s. f. in the southwest corner of the subject property. Have you attached the following? FEES DUE: $ 2,620 0 Pre -Application Conference Summary Signed Fee Agreement ❑ Dimensional Requirements Form ❑X Response to Attachment #2, Submittal Requirements- Including Written Responses to Review Standards Attachment 2 Proiect Overview The Wheeler/Stallard Museum is housed at 620 W. Bleeker Street. Operated by the Aspen Historical Society, the museum focuses on Aspen's history through historic artifacts, audio, video, and interactive presentations. Originally built in 1888 by Jerome B. Wheeler and purchased by the Aspen Historical Society in 1969, the current structures which make up the Wheeler/Stallard Museum consist of a restored Queen Anne style main house and a carriage house that has been remodeled to provide archival storage and exhibit areas. The carriage house and main house occupy approximately 5,793 s. f. in floor area on a 53,400 s. f. lot. The existing site coverage for the current structure is 3,011 s. f. or 5%, well below the maximum allowable requirement of 25%. The museum is a conditional use in the R-6 Residential Zone, where it is located. The City of Aspen Land Use Code does not provide a floor area ratio or floor area maximum for museum use. Therefore, Wheeler/Stallard Museum has no limit to the allowable floor area except as might be regulated through the Conditional Use review process and site coverage limitations. In order to raise funds to endow current and future operations, the Aspen Historical Society is seeking to identify and retire development rights for the Museum site under the City's Historic Transferable Development Rights program. A lot split is requested for the purpose of establishing these additional development rights, which will be sold as Historic Transferable Development Rights. First, a lot split would create a new 9,000 s. f. lot in the southwest corner of the subject property, consisting of the original Townsite Lots K, L, and M. The developable floor area for this newly created lot would total 4,080 s. f., as allowed for a duplex in the R-6 zone district. After the lot split, the applicant proposes to sever Transferable Development Rights to transfer the unbuilt floor area from the new 9,000 s. f, lot. Since this newly created lot would allow 4,080 s. f. in floor area to be developed, sixteen (16) TDRs can be severed from the new parcel. Due to the restrictions placed on the Wheeler/Stallard Museum by its charter, the new 9,000 s. f. parcel created by the lot split will remain undeveloped. An amendment to the conditional use of the museum will insure that the existing buildings remain at the current floor area of 5,793 s. f. after the proposed lot split, and will be so indicated on the plat. Approval of these requests would greatly assist Wheeler/Stallard Museum in remaining financially viable since the creation and sale of TDRs would create an endowment for museum operations. In addition, the requests help the community by insuring that the museum and its property remain in their historic form since the lots will be deed restricted in developable floor area. This project benefits the community of Aspen, as it would support the Aspen Historical Society in its mission to continue to conserve and exhibit Aspen's history for local residents and visitors. Land Use Standards Report Wheeler/Stallard Museum 16 June 2005 Page 1 Land Use Code Standards — Subdivision 26.480.030 Subdivision Exemptions. The following development shall be exempted from the terms of this chapter: A. General exemptions. 2. Lot split. 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 conditions 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. This restriction shall not apply to properties listed on the Aspen Inventory of Historic Landmark Sites and Structures. 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 26.470.070(B). 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)(1)(a). 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. 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. Land Use Standards Report Wheeler/Stallard Museum 16 June 2005 Page 2 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. g. Maximum potential build -out 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. Response: An historic landmark site, the Wheeler/Stallard Museum consists of a main building and carriage house which were built in 1888. The fathering parcel totals 53,400 s. f. in the R-6 zone district. The applicant requests a lot split to divide the southwestern part of the current parcel into a new 9, 000 s. f. lot with the intention to sever several TDRs created from the unbuilt developable floor area. After the lot split, one parcel will encompass the Townsite Lots K, L, and Mat 9,000 s. f. The larger lot of 44,400 s. f. containing the Wheeler/Stallard Museum will be restricted by plat note to the existing floor area, since a museum otherwise does not have a floor area restriction in the R-6 Zone. The other lot will have development rights for one (1) duplex or two detached residential units, with an allowable floor area totaling 4,080 s. f. The intention of the lot split is to establish development rights which may be sold in the form of TDRs to benefit the museum and its mission to serve the community. The Aspen Historical Society cannot develop any portion of the proposed new lot due to restrictions on the museum. Therefore, the newly created 9, 000 s. f. parcel will remain as part of the museum and undeveloped The sale of any TDRs severed from the newly created lot will greatly enhance the financial viability of the museum. The lot under consideration or any part thereof, has not been the subject of a previous subdivision exemption or subdivided after the adoption of subdivision regulations by the City of Aspen on March 24, 1969. Land Use Standards Report Wheeler/Stallard Museum 16 June 2005 Page 3 Land Use Code Standards — Conditional Uses Sections: 26.425.080 Amendment of development order. 26.425.080 Amendment of development order. A. Insubstantial amendment. An insubstantial amendment to an approved development order for a conditional use may be authorized by the Community Development Director. An insubstantial amendment shall be limited to changes in the operation of a conditional use which meet all of the following standards: 1. The change will not cause negative impacts on pedestrian and vehicular traffic circulation, parking or noise; and 2. The change will not substantially affect the tourist or local orientation of the conditional use; and 3. The change will not affect the character of the neighborhood in which the use is located; and 4. The change will not increase the use's employee base or the retail square footage in the structure; and 5. The change will not substantially alter the external visual appearance of the building or its site. B. Other amendments. All other amendments shall be approved by the Planning and Zoning Commission in accordance with the provisions of this Chapter. Response: Because museums are conditional uses in the R-6 zone district, the applicant proposes an amendment which shows that only the dimensions of the property are changing and that the current floor area of S, 792. S s. f. will remain the maximum allowable floor area for the property which contains the Wheeler/Stallard Museum. No other changes will occur since no new development will occur on the lots created by the lot split due to restrictions in the museum's charter. Because no new development will occur on the two newly created parcels, this request will not cause any negative impacts. In fact, this amendment will benefit the community since it will preserve the museum and the land that it occupies in its historical context. Land Use Code Standards Wheeler/Stallard Museum 16 June 2005 Page 4 Land Use Code Standards — Historic Transferable Development Rights 26.535.070 Review Criteria for Establishment of a Historic Transferable Development Right. A Historic TDR Certificate may be established by the Mayor of the City of Aspen if the City Council, pursuant to adoption of an ordinance, finds all the following standards met: A. The Sending Site is a Historic Landmark on which the development of a single- family or duplex residence is a permitted use, pursuant to Chapter 26.710. Properties on which such development is a conditional use shall not be eligible. B. It is demonstrated that the Sending Site has permitted unbuilt Floor Area, for either a single-family or duplex home equaling or exceeding two -hundred and fifty (250) square feet of Floor Area multiplied by the number of Historic TDR Certificates requested. C. It is demonstrated that the establishment of TDR Certificates will not create a nonconformity. In cases where nonconformity already exists, the action shall not increase the specific nonconformity. D. The analysis of unbuilt development right shall only include the actual built development, any approved development order, and the allowable development right prescribed by zoning for a single-family or duplex residence, and shall not include the potential of the Sending Site to gain Floor Area bonuses, exemptions, or similar potential development incentives. E. If the sending site has a Development Order to develop a site -specific development plan which can no longer be developed due to Floor Area being transferred from the property, then that Development Order shall be considered null and void. If the sending site has a Development Order which is unaffected by the transfer of Floor Area, then that Development Order shall remain valid. F. The proposed deed restriction permanently restricts the maximum development of the property (the Sending Site) to an allowable Floor Area not exceeding the allowance for a single-family or duplex residence (whichever is established as the property's use) minus two hundred and fifty (250) square feet of Floor Area multiplied by the number of Historic TDR Certificates established. For properties with multiple or unlimited Floor Areas for certain types of allowed uses, the maximum development of the property, independent of the established property use, shall be the Floor Area of a single-family or duplex residence (whichever is permitted) minus two hundred and fifty (250) square feet of Floor Area multiplied by the number of Historic TDR Certificates established. The deed restriction shall not stipulate an absolute Floor Area, but shall stipulate a square footage reduction from the allowable Floor Area for a single-family or duplex residence, as may be amended from time to time. The Sending Site shall remain Land Use Code Standards Wheeler/Stallard Museum 16 June 2005 Page 5 eligible for certain Floor Area incentives and/or exemptions as may be authorized by the City of Aspen Land Use Code, as may be amended from time to time. The form of the deed restriction shall be acceptable to the City Attorney. G. A real estate closing has been scheduled at which time, upon satisfaction of all relevant requirements, the City shall execute and deliver the applicable number of Historic TDR Certificates to the Sending Site property owner and that property owner shall execute and deliver a deed restriction lessening the available development right of the subject property together with the appropriate fee for recording the deed restriction with the Piddn County Clerk and Recorder's Office. H. It shall be the responsibility of the Sending Site property owner to provide building plans and a zoning analysis of the Sending Site to the satisfaction of the Community Development Director. Certain review fees may be required for the confirmation of built Floor Area. Response: The potential sending site is located in the R-6 Zone District which does allow single-family and duplex residences. The proposed lot split is intended to solely create a parcel where the developments rights maybe severed in the form of TDRs. The proposed 9, 000 s. f. lot will allow development of 4,080 s. f. in floor area which will be severed into sixteen (16) TDRs from this new lot. Since the code does not set a restriction on floor area for museums, the Wheeler/Stallard Museum is not considered to be a nonconformity in the R-6 zone district. Moreover, this request to establish sixteen (16) TDRs through a lot split will not increase any nonconformity. The severance of these TDRs will, in fact, help to insure that the property will remain as it exists today. Land Use Code Standards Wheeler/Stallard Museum 16 June 2005 Page 6 6-15-05;11:43AM;HERITAGE ASPEN /V 0- 5+r4,q C 970 925 Attachment S AFFIDAVIT HISTORIC TDRS FOR THE ASPEN HISTORICAL SOCIETY ADDRESS OF PROPERTY: 620 W. Sleeker St., Aspen, CO 81611 STATE OF COLORADO ) SS. County of Pitkin ) I, gp-o r�cc f (name, please print) being or represetYng the Aspen Historical Society, hereby personally acknowledge the following: a. A deed restriction will permanently encumber the Sending Site and restrict that property's development rights to below the allowed right by zoning according to the number of Historic TDR Certificate established from the Sending Site. b. For each certificate of development right issued by the City for the particular Sending Site, that property shall be allowed 250 s. f. less of Floor Area, as permitted according to the property's zoning as amended. C. The Sending Site property owner shall have no authority over the manner in which the certificate of development right is used by subsequent owners o The foregoing "Affidavit of Notice" was acknowledged before me this Z day of J7u,tlC , 200S, by WITNESS MY HAND ANjyC&WQ"&U0ides Nonrentw 19, 2M My commission expires: Notary blic Attachment 6 ASPENHIS ---om c....LSOCIETY February 24, 2005 Community Development City of Aspen 130 South Galena Street, 3`d Floor Aspen, CO 81611 To whom it may concern: This letter is to certify that I, Jackie Kasabach, President of the Board of Trustees of the Aspen Historical Society, give Stan Clauson Associates, LLC and its staff permission to represent us in discussions with the City of Aspen regarding the application for an historic lot split and to establish a Historic TDR Certificate at 620 West Bleeker Street. We have retained this firm to represent us in the application for this project. If you should have any questions regarding this matter, please contact me. Their contact information is as follows: Stan Clauson, AICP, ASLA Stan Clauson Associates, LLC 200 E. Main St. Aspen, CO 81611 Tel (970)925-2323 Fax (970)920-1628 Very Truly Yours, Jac 'e Kasabach, President spen Historical Society 620 West Bleeker Street Aspen, Colorado 81611 970.925.3721 970.925.5347 fax www.aspenhistory.org A 501(C)(3) CHARITABLE ORGANIZATION TAX ID 84-6037756 Attachment 7 aw ers itle y Insurance Orporation ALTA Commitment For Title Insurance American Land Title Association (1%6) AUTHORIZED AGENT: PITKIN COUNTY TITLE, INC. 601 E. HOPKINS AVE. 3Ro FLOOR ASPEN, COLORADO 81611 970-925-1766-PHONE 970-925-6527-FAX 877-217-3158-TOLL FREE E-MAIL ADDRESS: pcti@sopris.net Issued By tawyyerslideImurance Crp9m4w Home Office: 101 Gateway Centre Parkway, Gateway One Richmond, Virginia 23235-5153 1-800-446-7086 B 1004-268 COMMITMENT FOR TITLE INSURANCE SCHEDULE A 1. Effective Date: July 30, 2004 at 8:00 AM Case No. PCT18999L 2. Policy or Policies to be issued: (a) ALTA Owner's Policy -Form 1992 Amount$ 0.00 Premium$ 0.00 Proposed Insured: Rate: (b) ALTA Loan Policy -Form 1992 Amount$ 0.00 Premium$ 0.00 Proposed Insured: Rate: (c) ALTA Loan Policy -Form 1992 Amount$ Premium$ Proposed Insured: Rate: Tax Certificate: $ 3. Title to the FEE SIMPLE estate or interest in the land described or referred to in this Commitment is at the effective date hereof vested in: ASPEN HISTORICAL SOCIETY 4. The land referred to in this Commitment is situated in the County of State of COLORADO and is described as follows. - LOTS A,B,C,D,E,F,G,K,L,M,N,0,P,Q,R AND S, BLOCK 23, CITY AND TOWNSITE OF ASPEN PITKIN COUNTY TITLE, INC. 601 E. HOPKINS, ASPEN, CO. 81611 970-925-1766 Phone/970-925-6527 Fax 877-217-3158 Toll Free E-MAIL pcti@sopris.net AUTHORIZED AGENT Countersigned: Schedule A -PGA This Commitment is invalid unless the Insuring Provisions and Schedules A and B are attached. SCHEDULE B - SECTION 1 REQUIREMENTS The following are the requirements to be complied with: ITEM (a) Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be insured. ITEM (b) Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record to -wit: THIS COMMITMENT IS FURNISHED FOR INFORMATIONAL PURPOSES ONLY, IT IS NOT A CONTRACT TO ISSUE TITLE INSURANCE AND SHALL NOT BE CONSTRUED AS SUCH. IN THE EVENT A PROPOSED INSURED IS NAMED THE COMPANY HEREBY RESERVES THE RIGHT TO MAKE ADDITIONAL REQUIREMENTS AND/OR EXCEPTIONS AS DEEMED NECESSARY. THE RECIPIENT OF THIS INFORMATIONAL REPORT HEREBY AGREES THAT THE COMPANY HAS ISSUED THIS REPORT BY THEIR REQUEST AND ALTHOUGH WE BELIEVE ALL INFORMATION CONTAINED HEREIN IS ACCURATE AND CORRECT, THE COMPANY SHALL NOT BE CHARGED WITH ANY FINANCIAL LIABILITY SHOULD THAT PROVE TO BE INCORRECT AND THE COMPANY IS NOT OBLIGATED TO ISSUE ANY POLICIES OF TITLE INSURANCE. SCHEDULE B SECTION 2 EXCEPTIONS The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the 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, shortage in area, encroachments, any facts which a correct survey and inspection of the premises would disclose and which are not shown by the public records. 4. Any lien, or right to a lien, for services, labor, or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 5. 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 Commitment. 6. Taxes due and payable; and any tax, special assessment, charge or lien imposed for water or sewer service or for any other special taxing district. 7. Reservations as contained in Deed recorded November 18, 1969 in Book 244 at Page 563. 8. Notice of Historic Designation recorded August 9, 1974 in Book 289 at Page 986. 9. Terms, conditions, provisions, obligations and all matters as set forth in Resolution of the City of Aspen recorded September 7, 2000 as Reception No. 446756 as Resolution No. 00-34. ADDITIONAL INFORMATION AND DISCLOSURES The Owner's Policy to be issued, if any shall contain the following items in addition to the ones set forth above: (1) The Deed of Trust, if any, required under Schedule B-Section 1. (2) Water rights, claims or title to water. (NOTE: THIS EXCEPTION WILL APPEAR ON THE OWNER'S AND MORTGAGE POLICY TO BE ISSUED HEREUNDER) Pursuant to Insurance Regulation 89-2 NOTE: Each title entity shall notify in writing every prospective insured in an owner's title insurance policy for a single family residence (including a condominium or townhouse unit) (i) of that title entity's general requirements for the deletion of an exception or exclusion to coverage relating to unfiled mechanics or materialmens liens, except when said coverage or insurance is extended to the insured under the terms of the policy. A satisfactory affidavit and agreement indemnifying the Company against unfiled mechanics' and/or Materialmen's Liens executed by the persons indicated in the attached copy of said affidavit must be furnished to the Company. Upon receipt of these items and any others requirements to be specified by the Company upon request, Pre-printed Item Number 4 may be deleted from the Owners policy when issued. Please contact the Company for further information. Notwithstanding the foregoing, nothing contained in this Paragraph shall be deemed to impose any requirement upon any title insurer to provide mechanics or materialmens lien coverage. NOTE: If the Company conducts the owners or loan closing under circumstances where it is responsible for the recording or filing of legal documents from said transaction, the Company will be deemed to have provided "Gap Coverage". Pursuant to Senate Bill 91-14 (CRS 10-11-122) (a) The Subject Real Property may be located in a Special Taxing District; (b) A Certificate of Taxes Due listing each taxing jurisdiction may be obtained form the County treasurer of the County Treasurer's Authorized Agent, (c) Information regarding Special Districts and the boundaries of such districts may be obtained from the Board of County Commissioners, the County Clerk and Recorder, or the County Assessor. NOTE: A tax Certificate will be ordered from the County Treasurer by the Company and the costs thereof charged to the proposed insured unless written instruction to the contrary are received by the company prior to the issuance of the Title Policy anticipated by this Commitment. Pursuant to House Bill 01-1088 (CRS 10-11-123) If Schedule B of your commitment for an Owner's Title Policy reflects an exception for mineral interests or leases, pursuant to CRS 10-11-123 (HB 01-1088), this is to advise: (a) There there is recorded evidence that a mineral estate has been severed, leased or otherwise conveyed from the surface estate and that there is a substantial likelihood that a third party holds some or all interest in oil, gas, other minerals or geothermal energy in the property and (b) That such mineral estate may include the right to enter and use the property without the surface owners' permission. This commitment is invalid unless Schedule B-Section 2 the Insuring Provisions and Schedules Commitment No. PCT18999L A and B are attached. PITKIN COUNTY TITLE, INC. 601 E. HOPKINS, THIRD FLOOR ASPEN, CO 81611 970-925-1766/970-925-6527 FAX TOLL FREE 877-217-3158 WIRING INSTRUCTIONS FOR ALL TRANSACTIONS REGARDING THE CLOSING OF THIS FILE ARE AS FOLLOWS: ALPINE BANK -ASPEN 600 E. HOPKINS AVE. ASPEN, CO. 81611 ABA ROUTING NO. 102103407 FOR CREDIT TO: PITKIN COUNTY TITLE, INC., ESCROW ACCOUNT ACCOUNT NO. 2020048062 REFERENCE: PCT18999U ISSUED BY COMMITMENT FOR TITLE INSURANCE lau�yersZitle Insurance Corporation LAWYERS Title Insurance CORPORATION, a Virginia corporation, herein called the company, for valuable consideration, hereby commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the proposed Insured named in Schedule A, as owner or mortgagee of the estate or interest covered hereby in the land described or referred to in Schedule A, upon payment of the premiums and charges therefor; all subject to the provisions of Schedules A and B and to the Conditions and Stipulations hereof. This Commitment shall be effective only when the identity of the proposed Insured and the amount of the policy or policies committed for have been inserted in Schedule A hereof by the Company, either at the time of the issuance of this Commitment or by subsequent endorsement. This Commitment is preliminary to the issuance of such policy or policies of title insurance and all liability and obligations hereunder shall cease and terminate six (6) months after the effective date hereof or when the policy or policies committed for shall issue, whichever first occurs, provided that the failure to issue such policy or policies is not the fault of the company. This Commitment shall not be valid or binding until countersigned by an authorized officer or agent. IN WITNESS WHEREOF, LAWYERS TITLE INSURANCE CORPORATION has caused its corporate name and seal to be hereunto affixed by its duly authorized officers, the Commitment to become valid when countersigned by an authorized officer or agent of the Company. LAWYERS TITLE INSURANCE CORPORATION g_= �NSUiIANC���� Sr \ 1925 l�of V Attest: Secretary `y� .tip ,; S By President kh''�MroMo a�_= Conditions and Stipulations 1. The term "mortgage," when used herein, shall include deed of trust, trust deed, or other security instrument 2. If the proposed Insured has or acquires actual knowledge of any defect, lien, encumbrance, adverse claim or other matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in Schedule B hereof, and shall fail to disclose such knowledge to the Company in writing, the Company shall be relieved from liability for any loss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure to so disclose such knowledge. If the proposed Insured shall disclose such knowledge to the Company, or if the Company otherwise acquires actual knowledge of any such defect, lien, encumbrance, adverse claim or other matter, the Company at its option may amend Schedule B of this Commitment accordingly, but such amendment shall not relieve the Company from liability previously incurred pursuant to paragraph 3 of these Conditions and Stipulations. 3. Liability of the Company under this Commitment shall be only to the named proposed Insured and such parties included under the definition of Insured in the form of policy or policies committed for and only for actual loss incurred in reliance hereon in under taking in good faith (a) to comply with the requirements hereof, or (b) to eliminate exceptions shown in Schedule B, or (c) to acquire or create the estate or interest or mortgage thereon covered by this Commitment. In no event shall such liability exceed the amount stated in Schedule A for the policy or policies committed for and such liability is subject to the insuring provisions and Conditions and Stipulations and the Exclusions from Coverage of the form of policy or policies committed for in favor of the proposed Insured which are hereby incorporated by reference and are made a part of this Commitment except as expressly modified herein. 4. Any action or actions or rights of action that the proposed Insured may have or may bring against the Company arising out of the status of the title to the estate or interest or the status of the mortgage thereon covered by this Commitment must be based on and are subject to the provisions of this Commitment. ALTA Commitment - 1966 Cover Page Form 1004-268 ORIGINAL Jam and Smudge Free Printing Use Avery(D TEMPLATE 51600 635 WEST BLEEKER LLC C/O NANCY SPEARS P O BOX 2630 ASPEN, CO 81612 ASPEN HOUSING LLC 299 MILWAUKEE ST STE 502 DENVER, CO 80206 BAKER WILLIAM 790 W HALLAM UNIT #1 ASPEN, CO 81611 BOYE CAROL 2655 LAKE DR #4 SINGER ISLAND, FL 33404 CLEANER EXPRESS 435 E MAIN ST ASPEN, CO 81611 CROCKETT E DAVID TRUSTEE CROCKETT ANN RAE TRUSTEE 10898 MORA DR LOS ALTOS HILLS, CA 94024 DESTINATION RESORT MGMT INC 610 WEST END ST ASPEN, CO 81611 FERGUS ELIZABETH DAWSON PO BOX 1515 ASPEN, CO 81612 GOLDMAN RICHARD FAMILY LP 35 STONEWOOD DR MORELAND HILLS, OH 44022 i HARRY SALLY 50% 601 E HOPKINS 3RD FL ASPEN, CO 81611 �wgww.avery.com /�c�GeiY CG /ZCJ�rOi LTVEjiY ALPINE BANK ASPEN 600 E HOPKINS AVE ASPEN, CO 81611 Attachment 8 ASPEN CONDOMINIUM ASSOCIATION 600 E HOPKINS AVE STE 304 ASPEN, CO 81611-2934 ASPEN SQUARE CONDOMINIUMS BAILEY MIRANDA 1994 TRUST 50% ASSOC 15808798 METAVANTE WAY 617 E COOPER AVE SIOUX FALLS, SD 57186 ASPEN, CO 81611 BAUER WALTER F TRUST 15935 VALLEY VISTA ENCINO, CA 91436 BREIDENBACH WARREN C 225 ABRAHAM FLEXNER WY #700 LOUISVILLE, KY 40202 COULTER G LYNNIE PO BOX L3 ASPEN, CO 81612 CZECH NOAH PO BOX 12086 ASPEN, CO 81612 EMERSON LTD C/O SWEENEY 533 W HALLAM ST ASPEN, CO 81611 FRANCIS MARY VIRGINIA 711 W BLEEKER ASPEN, CO 81611 GORDMAN LINDA K 718 W HALLAM ST ASPEN, CO 81611-1146 HAYES MARY FAMILY PTNSP LTD PO BOX 497 ASPEN, CO 81612 BOWEN-STANLEY PAMELA 2934 1/2 N BEVERLY GLEN CIR #482 LOS ANGELES, CA 90077 CITY OF ASPEN 130 S GALENA ST ASPEN, CO 81611 CRITERION HOLDING CO LLC 790 W HALLAM ST #10 ASPEN, CO 81611 DEROSA THOMAS J PO BOX 817 BROOKLANDVILLE, MD 21022 FELD ANNE S 1700 PACIFIC AVE STE 4100 DALLAS, TX 75201 i FRIAS PROPERTIES OF ASPEN LLC 730 E DURANT ASPEN, CO 81611 HALLAM SIX LLC 4430 ARAPAHO STE 110 BOULDER, CO 80303 HENRY KRISTEN 525 W HALLAM ST ASPEN, CO 81611-1246 ,kMAV-09-008-L ®091S:!iege6 al zosion ®0915 ®A213AH 1�1% 1 W0:)'Aa8ne•AAAAAA apidej 96e4:)as a;a a6eunogijue uoissaidwi Jam and Smudge Free Printing Use Avery0 TEMPLATE 51600 HERNANDEZ LORENE & CECIL M PO BOX 1045 ASPEN, CO 81612 HORTON DAYNA L C/O STIRLING HOMES 600 E MAIN ST #102 ASPEN, CO 81611 IGLEHART JAMES P 610 W HALLAM ST ASPEN, CO 81611 KEY R BRILL & ELIZABETH R C/O KEY MEDIA 720 E HYMAN #301 ASPEN, CO 81611 LEVIN WILLIAM A 86 CHAMBERS ST #201 NEW YORK, NY 10007 MACDONALD BETTE S TRUST 15 BLACKMER RD ENGLEWOOD, CO 80110 MANGONE PARTNERSHIP LP 12687 W CEDAR DR #100 LAKEWOOD, CO 80228 MCCAUSLAND LINDA PO BOX 1584 ASPEN, CO 81612 MICROPLAS MGMT CO i C/O EDWARD J CAWLEY 790 W HALLAM #10 ASPEN, CO 81611 i NATIONWIDE THEATRES CORPORATION A CALIFORNIA CORPORATION 120 N ROBERTSON BLVD LOS ANGELES, CA 90048 oWLs ®AU3ANf Iv www.avery.com 1-800-GO-AVERY HILLMAN DORA B TRUST 504 W BLEEKER ASPEN, CO 81611 HOTEL ASPEN CONDOMINIUM ASSOCIATION 110 WEST MAIN STREET ASPEN, CO 81611 I KAFRISSEN ARTHUR & CAROLE F PO BOX 10727 ASPEN, CO 81612-9780 KOVAL BARBARA TRUST C/O NORTH OF NELL 555 E DURANT ASPEN, CO 81611 LEVINE THEODORE A SWANSON LUCIA D 425 E 58TH ST #25H NEW YORK, NY 10022 MAEWEST LLC ATTN: DOROTHY A SHARP 706 WEST MAIN ASPEN, CO 81611 i i MARTIN JAMES R QPRT TRUST CO OF KNOXVILLE TRSTE 620 MARKET ST #300 KNOXVILLE, TN 37902 MCGARVEY JAMES N JR & PAULA S 81 PONTE VEDRA BLVD PONTE VEDRA BEACH, FL 32082 MOUNTAIN RESCUE ASPEN INC 630 W MAIN ST ASPEN, CO 81611 NIEBUR DEWAYNE E & JO ANN E 721 W FRANCIS ASPEN, CO 81611 AHMV-09-008-1 �. W0:)- AaAe'MMAA SAVERYO 5160® HILLMAN TATNALL LEA 504 W BLEEKER ST ASPEN, CO 81611 HUNT ROGER H PO BOX 3944 ASPEN, CO 81612 KC ASPEN LLC 75-5706 HANAMA PLACE SUITE 104 KAILUA-KONA, HI 96740 LDD WEST LLC 220 N SMITH ST STE 300 PALATINE, IL 60067-2448 LUU INVESTMENTS LLC 435 E MAIN ST ASPEN, CO 81611 MANCLARK WILLIAM & DARLEEN TRUST 313 E BAY FRONT BALBOA ISLAND, CA 92662 MATKIN SALOISE 605 E MAIN ST #5 ASPEN, CO 81611 MCMANUS JAMES R 1552 POST RD FAIRFIELD, CT 06824-5935 I MULLEN MICHEL 8411 PRESTON RD #730 LB 2 DALLAS, TX 75225 NORTH AND SOUTH ASPEN LLC 200 S ASPEN ST ASPEN, CO 81611 00915 i!aegeb al zeswin ap!de.i a6etpas a is a6eaanoq!iue uolssaiduil Jam and Smudge Free Printing Use Avery(D TEMPLATE 51600 OLIVER SPORTS BRACING LLC PO BOX 10916 ASPEN, CO 81612 PAMAYACU LLC 9121 E TANQUE VERDE #105 TUCSON, AZ 85749 i PEARSON MARK M & LEES M 702 W MAIN ST ASPEN, CO 81611 RITCHIE ROBERT 701 W FRANCIS ST ASPEN, CO 81611 SANDERS BARBARA PO BOX 8598 ASPEN, CO 81612 SHAFROTH DIANA H TRUST 3901 E BELLEVIEW AVE LITTLETON, CO 80121 ULLR HOMEOWNERS ASSOCIATION 1600 E HOPKINS #304 ASPEN, CO 81611 WAGNER HOLDINGS CORPORATION LLC C/O BILL POSS 605 E MAIN ST ASPEN, CO 81611 WATERS SOMERSET MILLBROOK SCHOOL MILLBROOK, NY 12545 i i WM HOLDINGS LLC C/O KELLY MITCHELL 300 B AABC ASPEN, CO 81611 www.avery.com 1-800-GO-AVER OLSHAN BURTON D 1/2 OLSHAN KATHLEEN W 1/2 5408 OLD LEEDS RD BIRMINGHAM, AL 35210 I 9 AVERY0 5160 P B HOLDINGS LLC 725 W BLEEKER ST ASPEN, CO 81611 PARFET DONALD R & ANNE V PATRICK KEVIN 11000 RIDGEWOOD LN 730 E DURANT AVE #200 RICHLAND, MI 49083 ASPEN, CO 81611 PUMAYACU LLC RAZEK EDWARD G C/O AMBER MICHAEL 3 LIMITED PKWY 9121 E TANQUE VERDE #105 COLOMBUS, OH 43230 TUCSON, AZ 85749 RUSSO NICK A RUTHERFORD MICHAEL G PO BOX 4743 5 E GREENWAY PLAZA #220 ASPEN, CO 81612 HOUSTON, TX 77046 SCHOEBERLEIN DEBORAH & SCHULER DEE M & R KENT JOSEPH 417 HOLLAND HILLS RD 520 W MAIN ST APT 23 BASALT, CO 81621 ASPEN, CO 81611-1656 SIVART HLDGS LTD PTNR THOMSON SHANTA KIM 21 BREEZY KNOLL PO BOX 2503 AVON, CT 06001 ASPEN, CO 81612 � I VERLEGER PHILIP K JR. & VICENZI GEORGE A TRUST MARGARET B PO BOX 2238 615 W FRANCIS ST ASPEN, CO 81612 ASPEN, CO 81611 WALTZ FAMILY TRUST WARE NINA COULTER 6075 LA JOLLA SCENIC DR ! 34 CLERMONT LN LA JOLLA, CA 92037 1 ST LOUIS, MO 63124 WELLS JANE I WILSON MARY ELIZABETH 721 W NORTH ST 630 W HALLAM ST ASPEN, CO 81611 ASPEN, CO 81611 WOGAN WENDY 533 W FRANCIS ASPEN, CO 81611 o09LS wA..Atf n A83AV-09-008-L 609LS 1!jege6 ai zaslmn wo:)•Aaane-MAAAA ap!dei a6eq:)as a 19 a6eaanoq!1ue uo!ssaidwl Attachment 9 ASPENH ISTORI C...NLSOCIETY April 25, 2005 Chris Bendon, Community Development Director City of Aspen Community Development Department 130 S. Galena Street Aspen, CO 81611 Dear Chris, On behalf of the Aspen Ristorical Society, I would like to request that fees be waived for the Aspen Historical Society's application for a lot split and subsequent severance of Transferable Development Rights. Please feel free to contact me should you have any questions. i Regards, i Sa ah Oates, Curator i 620 West Bleeker Street Aspen, Colorado 81611 970.925.3721 970.925.5347 fax www.aspenhistory.org A 501(C)(3) CHARITABLE ORGANIZATION -. TAX 10 84-1037756 HALLAM LLC FOREST SERVICE ASPEN HEADQUARTERS II 112 BU ER M RIE ,,!/, T JENNII A p MURRY SHAWN P ,N NG UONGMINNEOATT JE V S WEST BLEEKER INVESTMENTS LTD MITTON JOS H & P ICIA :G EDWARD M & TOMI A DAILY IMBERL DAWN POLSE KENNET (A &1 92 TST GORDO KA HERI E H TJD REK RET REAL IN / KA 1 NM 4G WA ICHAEL E L - DOUGHERTY AN & DAMIA P G L 71,VEITMEITI R W 'cc{yrAT K G� R; L N FAMILYLP a SIMM NSJU 55' ` KE LTY P RICK J DIN V BROWNS TT M REV\TRU 50 % gOW STANLEY KEEL P TRICK J DON A IV \ NIEBYR EW, O ANN E PU AYACU MAT L( ZAN LINDA K ON HOLD�NGt L KENT RICHARDLY LP GORDMAN LINDA KR WEST LLC/ KC ASPEN BREIDENUCHAR NCFAMILYT SANDERS OP TRUST & SAL Y HARRY 50 % SIV T HLDGS LTD NR PARF DONALD R & NNE V I MARCUS AN H `1 li & PAM�A D HOLDINGS L F CIS MARY VIR NIA COULTER G LYNNIE t 635 % I CHRIS IAN SCIENCES CIETY 1/CHRISTI SCIEN EMO ETYLUU INVESTMENTS LLC \� WEST LL fir �iIEARSO MARK M LEES M C441 ` OBOYLE DEBORAH J / GRUET R PAU ER 15 W MAIN LL K YER T MA IN LLC U f/ J E N INS JU E R� W MAIN L 7 5 IN JAY 8 DOR HY R ff LE LEXAIER WIC I E C G ON A PEN PROPE S LLC BODU THAS A JEROM OFFICE ASP �j.A,, HAM IN � �11 RYY ANCE W MAIN LS NO ARSHALL G & USAN ART 7 5 AIN LL `bAR �- NEV S L N LLC COS ARELLO ROBEI OBER /r /I KAFRIS N ARIHUR & ROI KOVAL AREA VE a r�' EL G rf ``-- (/ WIL N �1ARY E ZABETH r/ HALLA SIX Ly( W E NINA COUL I / ll� MA IN / N BU 'LTD AN BU ON D ,• _�� OF AS EN IK WI LAM & ARLEEN TRUST/ �EVIN WILLI CJKETT E DAVID i BERG PHILLI I S VERMAN JAC B7&RGARET K B ANDL DA M LLFN MICH CLEABP ASH A40 I PROP TIE OF EN HO SIN L AND ASP AND OUT NA O ASPEN L TE50% IC DEVE 1 C TRULCHELL R TISCHLI YJ Attachment CAROL l e .2 u ! ` E 2. ` �2 G BLA OU LUCY SH P H ROBERT 1 & JA T S (/ Q D41111D K A UAIX:&DGT R /f THEATRES C PORATION 7MAN CITY OF ASPEN HILLMA DORUST MllTATNALL Fie_ H LDIN S LLC AON LEEN L & JACK D LOISE ASP N MESA CONDO IUMS ASSOC / J T)� EGG ST SIM ■ f CREEK RA wrra.ymrw P�ro�lldMrW �� Aotl CNir Iln� JN BLEEKER STREEJLP A/PJ/EP BLEEKER L C HA BUR THE CITY OF ASFEti BECK GLENN A COMCO 'CH W Attachment 4 � Exemp tAA Pla t Aspen Historical Society City of Aspen, Colorado _ irM sw,.y Abnwnent - . /Ybn Naora NB9'.16•J/ lr a nbI& a,ro.a. M ozr r fM Su r uwwn«.f Wfth the severance of each TOR the allowable floor area of Parcel 2, Aspen PC9y Alen SW ebck 97 Historical Society Subdivision will be reduced by two hundred fifty (230) square feet. Upon Severance of 16 TORs the remaining allowable FAR for Parcel 1 Aspen Historical Society Subdivision shall be zero (0) square feet. '. 3 .. CerWlhdites of Dodkcobbn and Ownershkc TNES£ PRESI S that the Aspen Historical Society, being sole KNOW DY ALL MEN N�` •„ / owners) in fee simple of all that rep/ property described as follows: ?ARC 1 AN of Block 24 including the platted oft CYy and Townsite of Aspen, excepting Artkin County, Colorado. fM \•�a9 IS Lots H and I oil in jr_ L2Jl RMa tr C« 76 F ne' ebck 16 _rye/� ° — t - -. +rq s,.,y. Nw„ewe Have by these presents laid out, plotted and subd the mine into cots as _ Mall -pry uan..sC ask 1, shown hereon and designated the mine as Aspen into Society Parcel 7 and am /uw, b.wa 0,57' YrY a vrapa. a osr /min tistorof As Parcel 2 in the town o/ Aspen, County of H'tkin, State of Colarada. j --. Fape 'sCoi° Executed this —_day of . 2005. w Jackie Kosboch, President 1q.— 3 1/000.� _ it Acknowledgment 1' State of Colorado ) County of Pifkin ) ` lot E' s `I 77,e foregoing instrument was oek7owiedged before me this _day of Qa ir• 2004, by Aspen Historical Society �/1 Fez'• ` nor &.-y M..,, i N7rN£SS m y nand and oNciol seal. 1 Parcel 1 ,.,/ 'O' a_°" "w e'odr 79 M' commission expires: — Notary Pub& 311 o ,b a At Survey 4enamwn "c9 i' AC Gap SC &«k 11 e W� Frio Sp"i'Y Abrwmmrr .s Cxy Yenvmenf NE Bkck 18 �l rid Surrey Momrmw+l 4 Cap GS 259a7 � Nw 6tCk la Aspen k1storical Society Parcel 8 n 0.207 earm +/— Ts a V Lni r/ f •/�.E /ref /' /,n/ 0 �lee�er �5't or bN Se ly M1 yV h R� .ran: dine, . rho a..•ry' ua•,w,wnr 0 Re tr Cap 7376 e5 h r Lur /•• n Gal S se s ` AM—( � 5/e' r tr rW pbalk cap LS 201M i0p.W) O ° `N �•!r w • rM I-, AIO -. _ 67a • � � C+'b' Alen. S1I 6bck 79 ttf dM:EZYER HMUESER GORDON MEYER AecwGn9 to Cp/a/OaO Cp.. ypv muar c sorry 4'9a' «lion Aaaeo apm a y 8 W. 6TH STREET, SUITE 200 ee/eer rnv ar.r>-' .:rn:, rnr.. yesn over NWOOD SPRINGS, COLORADO 8 1601 yav tar aacww nrn arecr. m ,w even/ 0) 945- 1004 FAX (970> 945-5948 y arty leyaf aal,'on ease dinar, o r x/e:r 'mom rune eve. or r/,<o.n�r„oionan.�.n 25-6727 SCHMUESER GORDONEN, COLORA, C 1970)) 349-535STED BUTTE, CO (970) 349-5355 c w o i. c c n s s u n v 1 survey@vg lrrc.a— h rho Su y AAL—M Gly 14 AF Rlock 21 �?i• rho sw u ant ay Alm rw x m Aspen Historical Society Block 23, Aspen Townslte GRAPHIC SCALE a ( IN rut ) I Imeh . 80 R REVISION title £xomk,ars Cerfifitste: The undersigned, a duly outhoriled representotim of Pitkrn County Title, Inc., o title company regularly dok,g buskless in P/tkin County, Colorado does hereby certify that the persons) listed as owner an this plot hold Fee Sknp/s M16 to the within desenbed real property hoe and dear of oll Bens and encumbrances except those wn listed In the Cert/6cots of Oership, ollhough We bellow the forts stated on this plot are true, this certificate is not to be construed as on Abstract of 77114 nor and Opinion of MIA nor a Guarantee of ritle, and it is understood and agreed that Pitkin County rill; Inc. neither assumes nor will be charged with any frrancial obligation or liability whotsoever an any statement contained herekr. Doted this ___ day of ___ A.D., 2005 State of Colorado ) )rr County of Pitkkr ) The foregoh g instrument was oc*now/edged before me this _ day of _ A.D., 2005 by._ ___as title exoniner for Pitk/n County Title, Mc. My commission, expires Wwary Public Cb mmuss b' De wAppment Engk,eer Approra:• rhis £xemptlon Plot of the Aspen H/stonca/ Satisfy Lot Split was rewowed and approved by the Community Development Engineer of the City of Aspen this day of —_ _ 2005. Community Dewlopmeaf Engineer CommwNV 0ewlopvnav,t Avector ApprovLO This Exemption Plot of the Aspen Historical Society Lot Split was reviewed and approved by the Community Oevelopmenl Director of the City of Aspen, Colorado on this _— day of _ 2005. Julie Ann Woods, Director Surveyor's Certificate.• 1, ST£PHEN L. EHM?S, o duly registered Professional Land Surveyor in the State of Colorado, do hereby certify that l how prepomd this Exemption Plot of the Aspen Historical Society Lot SpN4 that the location o/ the outside boundary, roods and other features am accurately and conect/y shown hereon, that the some ore based on field surveys and that the plotted site and the roods conform to those stoked on the ground In witness thereof, / bore set my kin an seal this _ toy of —, 2005. Stephen L. Ehlers. PIS 20iJ3 Accopkisov far „OCWCSV This Exemption Plot of the Aspen Historical Society. Lot Split is accepted for filing in the Minis of the Clank an Recorder of Atkin County, Coorado this —day o/ 2005, of _—O'Ckxk, __M. in Plot Book at Page —ors Recept)on No. _ _----- Clerk on Recorder Job No. gB 12JA 4 ; Exemption o- by S°n Plat cwe 21 April 2005- Approved: OF 1 FJe: ANS aro ll edam lion plot f Note: With the severance of each TDR the allowable floor area of Parcel 2, Aspen Historical Society Subdivision will be reduced by two hundred fifty (250) square feet. Upon Severance of 16 TDRs the remaining allowable FAR for Parcel 2 Aspen Historical Society Subdivision shall be zero (0) square feet. ' Certification of Dedication and Ownership. ' = KNOW BY ALL MEN THESE PRESENTS that the Aspen Historical Society, being sole owners) in fee simple of all that real property described as follows: ? ,. 000, ` _ A// of Block 23, including the platted alley, City and Townsite of Aspen, excepting Fnd Survey Monument �5 p9. -._ Lots H and l a// in Pitkin Count , Colorado. y Rebor & Cop LS 2376 NE Block 16?6a �, E # -_ Fnd Survey Monument Have b these resents laid out, lotted and subdivided the same into lots as y P P City Mon. Mon. bears SE Block 22 S84'00'11'E shown hereon and designated the some as Aspen Historical Society Parcel 1 and Parcel 2 in distance a of 0.57' from the Town of Aspen, County of Pitkin, State of Colorado. .S record or gSpho7f Executed this --__ day of ------------- 2005. o Of . Jackie Kcsbach, President / 21000, Acknowledgment- O. " State of Colorado ) .1� 1ol C, Po 'n Odra ek `\� �' ) ss. County of Pitkin ) O s a 9� The foregoing instrument was acknowledged before me this ----day of 2004, by -----------• ---------------------- Aspen HI3tOrIC81 Society,, �X �6 _.��, Fnd Survey Monument City Mon. NW Block 29 WITNESS my hand and official seal. Teie hon �(v Rise Parcel 1 `� ,. _. __�.. My commission expires: --_—_______ yv _ 1.024 scree +/— _ __ ___ _ ---------------------- Notary Public p / EXiSth7gStructure % g / ; � O °° o R.o , � p _. 3000 s ✓Y _ Fnc ult., 6p so Q Existing Structure' O� a, Te/ phone Riser o. Aspen Historical SOclet / �p°j �Te c Riser Parcel pi rl c� Transformer �Elec ric Transformer Fnd Survey Monument .207 acres co -its Patio ® Rebor & Cap 2376 Fnd Survey Monument �St7g 1 / sm B-ah AL Cop SE Block 17 F # �o IO tF at 3° tb stone o V o ° a a - 0° Vzlz _ � Q Fnd Survey Monument ,a Lac 0 Monument NE Block 18/ •- Concrete Pad 0 tY Mmi Box 21� Cr W Fnd Survey Monument AL Cap LS 25947 Ed9e o'` TaP Boc gsphott._ . k af' curb Set Su y Monument 518" re or & red plastic cap NW Block 24 Stamps LS 20133 (typical) Fnd Survey Monument 6�4 City Mon. SW Bloc); 29 - a GRAPHIC SCALE 30 0 15 30 60 120 ndJUB10 nu ty 4 IN FEET= > 1 inch = 30 ft. Fnd y Mon City NW B 1 Tit/e Examiner's Certificate: The undersigned, a duly authorized representative of Pitkin County Title, Inc., a title company regularly doing business in Pitkin County, Colorado does hereby certify that the person(s) listed as owner on this plat hold Fee Simple Title to the within described real property, free and clear of all liens and encumbrances except those listed in the Certificate of Ownership, although we believe the facts stated on this plat are true, this certificate is not to be construed as an Abstract of Title, nor and Opinion of Title, nor a Guarantee of Title, and it is understood and agreed that Pitkin County Title, Inc. neither assumes nor will be charged with any financial obligation or liability whatsoever on any statement contained herein. Dated this ---------------------------------- Agent day of.A.D., 2005 State of Colorado ) )ss County of Pitkin ) The foregoing instrument was acknowledged before me this _—__ day of ------ A.D., 2005 by. ----------------as title examiner for Pitkin County Title, Inc. My commission expires: Notary Public Community Development Engineer Approval: This Exemption Plot of the Aspen Historical Society Lot Sp/it was reviewed and approved by the Community Development Engineer of the City of Aspen this --------------- day of --------------- 2005 Community Development Engineer Community Development Director Approval: This Exemption Plat of the Aspen Historical Society Lot Split was reviewed and approved by the Community Development Director of the City of Aspen, Colorado on this --_— day of ----------- 2005. ------------------------------ ✓ulie Ann Woods, Director Surveyor's Certificate: 4 STEPHEN L. EHLERS, c duly registered Professional Land Surveyor in the State of Colorado, do hereby certify that / have prepared this Exemption Plot of the Aspen Historical Society Lot Split, that the location of the outside boundary, roads and other features are accurately and correctly shown hereon, that the some are based on field surveys and that the plotted site and the roads conform to those staked on the ground. In witness thereof, l have set my hand and seal this ------ day of________________, 2005. Stephen L. Ehlers, PLS 20133 Acceptance for Recording This Exemption Plot of the Aspen Historical Society, Lot Sp/it is accepted for filing in the Office of the Clerk and Recorder of Pitkin County, Colorado this -----day of ------------ 2005, at ------ 0 Clock, --_M. in Plot Book --__---_— at Page _______________ as Reception No. ----- —__--____—_—. Clerk and Recorder Accor According to Colorado Law, you must commence any legal action based upon any defect in this survey within three ears after you first discover such defect. In no event may any legal action based upon any defect in this survey be commenced more than ten years from the dote of the certification shown hereon. SCHMUESER I GORDON I MEYER ENGINEERS b. SURVEYORS SCHMUESER GORDON MEYER 1 1 8 W. 6TH STREET, SUITE 200 GLEN WOOD SPRINGS, COLORADO 8 i 60 I (970) 945- 1 004 FAX (970) 945-5948 ASPEN, COLORADO (970) 925-6727 CRESTED BUTTE, CO (970) 349-5355 E-mail: survey@sgm-inc.com Aspen HI s t one a 1 So cl e ty BI o elm 23 Aspen _TO W.n Sl t e i NUM— BER REVISION DATE BY n Exem tl on r PI l t Job No. 98123A z / 1 o Drawn b y soh Dote: 2� April 2005 P OF o Approved., PP Fife: AHS blk 23 exemption plat