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HomeMy WebLinkAboutcoa.lu.gm.204 E Durant Ave.A28-94204 E. Durant GMQS Exemption A28-94 2735-131-05-002 L' Cl rV\/YjS_d k ASPENTITKIN PLANNING OFFICE 130 South Galena Street Aspen, Colorado 81611 (303) 920.5090 LAND USE APPLICATION FEES CITY: -63250-134 -63270-136 -63280-137 -63300-139 -63310-140 -63320-141 -63330-150 -63432-157 -63432-157 -MR011 HISTORIC PRESERVATION: -63335-151 -63336-152 -63337-153 -63338-154 -63339-155 COUNTY -63160-126 -63170-127 -63180-128 -63190-129 -63200-130 -63210-131 -63220-132 -63230-133 -63240-149 -43450-146 -63235-148 REFER9AL FEES: -63360-143 00115-63340-163 00123-63340-190 00125-63340-205 PLANNING OFFICE SALES: 9%3S�131' os O" GMP/Conceptual GMP/Final SUB/Conceptual SUB/Final All-2 Step Applications All 1 Step Applications Staff Approval Zoning Plan Check Sign Permit Use Tax for Sign Permits Exemption Minor Major Devel. Signif. Devel. Demolition GMP/General GMP/Detailed GMP/Final SUB/General SUB/Detailed SUB/Final All 2 Step Applications All 1 Step Applications Staff Approval Board of Adjustment Zoning Plan Check Engineering - County Engineering - City -- Housing Environmental Health D. U -63080-122 County Code -69000-145 Other (Copy Fees) �J TOTAL Name: /� J1L�� rf Phone: Address: J Project: �/ Check *: Date: No of Copies: 8L070 B-783 F,-9?, 06/09/9 O?,o46F=' PG 1 OF 1 28 REC DOC N M SILVIA DAVIS PITKIN COUNTY CLERK & RECORDER 140.00 SUBDIVISION/PLANNED UNIT DEVELOPMENT AGREEMENT FOR THE CARRIAGE HOUSE SUBDIVISION (formerly '204 Past Durant Project") THIS AGREEMENT is made and entered into as of the 6;4 day of�� 1995, by and between THE CITY OF ASPEN, COLORADO, a Municipal corporation (hereinafter referred to as "City") and S.G.A. Aspen Limited Liability Company (hereinafter referred to "Owner"), with reference to the following: RECITALS WHEREAS, Owner has submitted to the City for approval, execution and recordation t a Final Subdivision and Planned Unit Development Plat (hereinafter referred to as the "Plat") concerning the construction of four (4) fully self-contained three (3) bedroom free market dwelling units and four (4) affordable housing units comprising one-2 bedroom unit, two-1 bedroom units and one studio unit on real property owned by Owner more fully described as being (hereinafter referred to as the "Property"): Lots K, L, M, N & O, Block 77 City and Townsite of Aspen Pitkin County, Colorado The foregoing described project, which was reviewed and approved under the name 204 East Durant Project, is to be known as "The Carriage House Townhome Condominiums" and will be hereinafter referred to as the "Project"; and WHEREAS, at meetings held on July 5, and August 2, 1994, the City Planning and Zoning Commission (a) recommended to the Aspen City Council that it grant subdivision approval for the Project and approve a zoning text amendment to allow parking on garage aprons in multi -family projects; and (b) granted Special Review approval for parking for the affordable 382070 8-783 1'-94 06/09/95 03:46P PG 2 OF 28 housing component of the Project, including parking on garage aprons (based upon the proposed zoning text amendment); and WHEREAS, at a public hearing held on November 22, 1994, the City Planning and Zoning Commission, by its Resolution No. 94-36, a copy of which is hereto annexed as Exhibit "A", granted further Special Review approval to reduce from four (4) to three (3) spaces the number of on -site parking spaces for the affordable housing component of the Project and recommended to the City Council that it approve a Planned Unit Development ("PUD") overlay for the Property and a PUD variance of the side yard set -back for the Project; and WHEREAS, on December 12, 1994, the City Council adopted Ordinance No. 49 (Series of 1994), a copy of which is hereto annexed as Exhibit "B" ("Ordinance 49") and Ordinance No. 65 (Series of 1994), a copy of which is hereto annexed as Exhibit "C" ("Ordinance 65"), by which it granted, inter alia, a Growth Management Quota System ("GMQS") exemption and Subdivision approval for the Project, a PUD designation for the Property, and a side yard set- back variation from five (5) to zero (0) feet for the westerly boundary of the Property, and conferred upon the Project a vested right for the three (3) year period next succeeding the effective date of the Ordinances in accordance with and pursuant to the terms of Section 6-207 of the Land Use Regulations of the City of Aspen; and WHEREAS, the City Council is willing to approve, execute and accept the Plat for recordation on the condition that Owner agrees to all matters contained in this Agreement; and WHEREAS, the City desires to impose certain conditions and requirements in connection with its approval, execution and recordation of the Plat as are necessary to protect, promote and enhance the public welfare; and WHEREAS, Owner is willing to acknowledge, accept, abide by and faithfully perform all of the conditions and requirements imposed by the City; and -2- 382070 B-783 P-95 06/09/95 03:46P PG 3 OF 28 WHEREAS, pursuant to Section 7-1005 of the Land Use Regulations of the City of Aspen, the City is entitled to assurances that the matters hereinafter agreed to will be faithfully performed by Owner and its successors and assigns; and WHEREAS, Owner is willing to provide such assurances to the City. AGREEMENT NOW, THEREFORE, in consideration of the foregoing recitals, the mutual covenants herein contained, and the approval, execution and acceptance of the Plat for recordation by the City, it is mutually agreed as follows: A. CONSTRUCTION SCHEDULES The City and Owner acknowledge that exact construction schedules cannot be determined or agreed to at this time. It is, however, anticipated that the construction of the Project will begin no later than three (3) years from the vesting of the Owner's property rights in the Project or by December 12, 1997. Thereafter, construction shall proceed apace in accordance with the provisions of that edition of the Uniform Building Code in effect and as adopted and amended by the City at the time of building permit issuance. At the time of application for a building permit for any portion of the Project, including the installation of public improvements, Owner shall provide the City Engineering Department with a precise construction schedule for that particular phase of construction to the reasonable satisfaction of the Engineering Department and chief building official. Prior to any vegetation alteration or tree removal, Owner shall advise and consult with the City Park's Department. Additionally, prior to commencement to any of such work, Owner shall obtain necessary permits from the City Street's Department for any work or development within public rights -of -way. Prior to any demolition of existing improvements on the Property, - 3 - a 382070 B-783 P-96 06/09/95 03:46P PG 4 OF 26 or grading, excavation or material storage of or on the Property, the trees on the Property that are to be retained shall be protected by the placement of barricade fencing within five (5) feet of the dripline of such trees. The fencing type and location shall be approved by the Parks Department prior to any earthmoving work on the Property. B. CONSTRUCTION OF PUBLIC IMPROVEMENTS Prior to and as a condition to the issuance of Certificate of Occupancy for any of the dwelling units comprising Project: 1. Sidewalks. Curb and Gutter. Owner shall install a concrete sidewalk, curb and gutter along East Durant and Aspen Streets. The sidewalk shall be at least five (5) unobstructed feet in width. The final design of the sidewalk, curb and gutter shall be submitted to The City Engineering Department for its reasonable approval and shall, to the greatest feasible extent, minimize impacts to and upon existing trees. The Owner shall work with the Engineering and Park's Department during installation of the sidewalk, curb and gutter and during any necessary pruning of trees on the Property. 2. Financial Assurances. Owner agrees to secure performance of the construction and installation of foregoing described public improvements and to guarantee one hundred percent (100%) of the estimated cost of such improvements which estimated cost, as approved by the City Engineer, is as of the date hereof agreed to be Forty -Four Thousand and no/100ths Dollars ($44,000.00). Owner shall guarantee such cost, together with any increase thereof (calculated as below set forth) occurring between the date hereof and the time of commencement of the installation of such improvements, in the form of a cash escrow with the City or a bank or savings and loan association, or by an irrevocable site draft or letter of commitment from a financially responsible lender that funds in the amount of such estimated costs are held by it for the account of Owner for the construction and installation of the -4- 382070 B-783 F'-97 06/09/95 03:46F' PIG 5 OF 1:?. foregoing described public improvements. This guarantee shall be delivered to the City prior to the issuance to Owner of a building permit for any part of the Project, shall be in a form acceptable to the City Attorney, and shall give the City the right, upon clear and unequivocal default by Owner, to withdraw funds as necessary and upon demand, partially or fully to complete or pay for any of the foregoing described public improvements or pay any undisputed outstanding bills for work done thereon by any party, with any excess guarantee amount to be applied first to additional administrative or legal costs associated with any such default before the unused remainder (if any) of such guarantee is released to Owner. As portions of the required improvements are completed, the City Engineer shall inspect, and upon approval and written acceptance, shall authorize the release from the guarantee delivered by Owner of the agreed estimated cost for that portion of the improvements, except that ten percent (10%) of the estimate cost shall be withheld until all proposed public improvements are completed and approved by the City Engineer. For purposes of arriving at the amount of the financial guarantee that shall be posted by the Owner, the cost of the public improvements, as above set forth, shall be increased by the cumulative increase occurring between the date hereof and the time of commencement of installation of the public improvements in the Consumer Price Index - All Urban Consumers - U.S. City Average - All Items published by the United States Department of Labor, Bureau of Labor Statistics. C. CITY ENGINEERING Prior to the issuance of a building permit for any portion of the Project, Owner shall consult with the City Engineering Department with respect to the engineering considerations set forth below, and shall: a. Prepare and submit, for the review and reasonable approval of the City Engineering Department, a storm water drainage plan complying with the guidelines set forth in Section 7-1004, C.4.f of the Land Use Regulations of the City of Aspen. Evidence of -5- • 382070 B-783 P-98 06/09/95 03:46P PG 6 OF 1:8 the acceptance of such plan by the engineering department shall be presented to the authority issuing the building permit. b. Prepare and submit, for the review and reasonable approval of the City Engineering Department, a parking plan for the Project which illustrates the size and location of all parking spaces and planters. All garage aprons shall be snow -melted. The constituent condominium documentation for the Project shall confirm that all utility and maintenance costs associated with the snow melt systems incorporated into the parking areas shall be born entirely by the free market component of the Project. Additionally, parking for any affordable housing unit that does not have a designated parking space shall occur on the garage apron of the free market unit with which such affordable housing unit is associated. C. Prepare and submit, for the review and reasonable approval of the City Engineering Department, a site plan for the Project, which shows a trash and recycle area, utility meters, and other above grade equipment installations. D. ZONING ENFORCEMENT Prior to issuance of the building permit for any portion of the Project, Owner shall prepare and submit, for the review and reasonable approval of the City Zoning Enforcement Officer (a) an open space plan indicating the areas counted as open space pursuant to the definition thereof set forth in Section 24-3-101 of the Land Use Regulations of The City of Aspen, and (b) height information for the Project in accordance with Section 24-3-101 of the Land Use Regulations of The City of Aspen. E. WATER DEPARTMENT The Owner shall connect water service to the Project from the 20" water main located in Durant Avenue and shall verify the fact of connection, to the reasonable satisfaction of the City Water Department, during the building inspection process. The Owner shall, as well, pay U 382070 B-783 R-99 06/09/95 03:46P PG 7 OF 28 its share of the costs associated with the abandonment of the existing 6" water line in Durant Avenue. Owner's proportionate share of the cost shall be based on a fair and ratable allocation of the total cost of abandonment among all Property Owners abutting Durant Avenue in the proximity thereof where the line is to abandoned. The Owner shall be responsible for timely contacting the water department to review the proposed plans for the Project to establish the amount of the utility connection charges and review detailed plans to provide water service, including water metering of the proposed dwelling units in the Project. F. FIRE PROTECTION The Project shall be constructed with a residential sprinkler and alarm system, which will be disclosed on the building plans prior to issuance of a building permit. G. LANDSCAPING IMPROVEMENTS Owner shall install landscaping within the Project consistent with a landscape plan to be submitted prior to issuance of a building permit for any component of the Project, which shall depict, inter alia, plant material, post -treatment of ground surfaces and other landscape features. Landscaping shall be completed in an orderly, logical sequence consistent with planting seasons, climatalogical conditions and construction scheduling. Prior to the issuance of a building permit for any component of the Project or the start of any earth -moving activities, the landscape plan shall be reviewed and approved by the Park's Department. Owner agrees to insure implementation of the landscape plan and its maintenance for the two (2) year period next succeeding its installation and to guarantee one hundred and twenty-five percent (125%) of the current estimated cost thereof. Owner shall guarantee such cost in the form of a cash escrow with the City, or a bank or savings and loan association or by an irrevocable site draft or letter of commitment from a financially responsible lender. This guarantee shall be delivered to the City prior to the issuance to Owner of a building permit for any part of the Project, shall be in a form acceptable to the City Attorney and shall give the City the right, upon clear and -7- 38'2070 P-783 P-1.00 06/09/95 03:46R PG 8 OF '28 unequivocal default by Owner, to withdraw funds as necessary partially or fully to complete or pay for any landscaping improvements or for the maintenance thereof or pay any undisputed outstanding bills, with any excess guarantee amount to be applied first to additional administrative or legal costs associated with any such default before the unused remainder (if any) of such guarantee is released to Owner. As portions of the landscaping improvements are completed, either the City Engineer or the Park's Department shall inspect them, and upon approval and acceptance, shall authorize the release of the agreed estimated for that portion of the improvements, except that ten percent (10%) shall be withheld until all proposed landscaping improvements are completed and approved, and an additional twenty-five percent (25 %) shall be withheld, which shall be retained until the improvements have been maintained in satisfactory condition for two (2) years. H. AFFORDABLE HOUSING UNITS Prior to the issuance of any building permit for the Project, the applicant shall prepare and submit for the reasonable approval of the Housing Office, a schedule showing the quality of fixtures, finish and amenities to be incorporated into the affordable housing units, and shall, as well, record a Housing Office approved Deed Restriction for the affordable housing units. A copy of the Deed Restriction shall be forwarded to the Planning Office. The affordable housing units shall be deed restricted as follows: Unit 1 Category #2 (2 bdrm, 850 net livable sq. ft.) Unit 2 Category #1 (1 bdrm, 600 net livable sq. ft.) Unit 3 Category #2 (1 bdrm, 600 net livable sq. ft.) Unit 4 Category #2 (Studio, 400 net livable sq. ft.) :8 07 B-78 f - 1 1 06/09/95 03':46F, FIG 9 �F The affordable housing units shall not be sold as appurtenances to the free market units. They may be sold to qualified individuals or conveyed to an association of the free market unit owners, which will oversee the rental of the affordable housing units to qualified individuals pursuant to the applicable deed restriction. Those tenants of the Property as of December 12, 1994 shall, by the Housing Authority Board, be given the first priority to rent the affordable housing units at such time as they become available for rental; provided that the Housing Authority Board shall have the right first to confirm that such tenants are otherwise qualified pursuant to the applicable Housing Office Guidelines. Prior to the issuance of a building permit for any portion of the Project, the Owner shall redesign the entry into the affordable housing units to assure that any sloping roof does not shed snow onto the entry way. I. NON-COMPLIANCE AND REQUESTS FOR AMENDMENTS OR EXTENSIONS BY OWNER In the event the City Council determines that Owner is not acting in substantial compliance with the terms of this Agreement, the City Council may issue and serve upon Owner a written order specifying the alleged non-compliance and requiring Owner to remedy the same within such reasonable time as the City Council may determine. Within twenty (20) days of the receipt of such order, Owner may file with the City Council either a notice advising the City Council that it is in compliance, or a written petition requesting a hearing to determine any one or both of the following matters: (i) whether the alleged non-compliance exists or did exist, or i 382070 B-783 P-102 06/09/95 03:46P PG 10 OF 28 (ii) whether a variance, extension of time, or amendment to this Agreement should be granted with respect to any such non-compliance which is determined to exist. Upon the receipt of such petition, City Council shall promptly schedule a hearing to consider the matters set forth in the notice and in the petition. The hearing shall be convened and conducted pursuant to the procedures normally established by the City Council for other hearings. If the City Council determines by a preponderance of the evidence that a non- compliance exists which has not been remedied, it may issue such orders as may be appropriate; provided, however, no order terminating any approval granted herein shall be issued without a finding by the City that substantial evidence warrants such action and affording Owner a reasonable time to remedy such non-compliance. A final determination of non-compliance, which has not been remedied or for which no variance has been granted may, at the option of the City Council, and upon notice to Owner, terminate any of the approvals contained herein which are reasonably related to the requirement(s) with respect to which Owner has failed to comply. Alternatively, the City Council may grant such variances, extensions of time or amendments to this Agreement as it may deem appropriate under the circumstances. In addition to the foregoing, Owner or its successors or assigns, may on Owner's own initiative petition the City Council for a variance, an amendment to this Agreement or an extension of one or more of the time periods required for performance under construction schedules or otherwise. The City Council may grant such variances or amendments to this Agreement or extensions of time as it may deem appropriate under the circumstances. J. MISCELLANEOUS PROVISIONS 1. Notices. Notices to be given to the parties to this Agreement shall be deemed given if personally delivered or if deposited in the United States Mail to the parties by registered or certified mail at the addresses indicated below, or at such other addresses as may be substituted upon written notice by the parties or their successors or assigns: - 10- ' 382070 H-783 P-103 06/09/95 03:46F' PIG 11 OF 28 If to the City of Aspen: City Manager 130 S. Galena Street Aspen, CO 81611 If to the Owner: S.G.A. Aspen Limited Liability Company c/o Robert W. Hughes, Esq. Oates, Hughes & Knezevich, P.C. 533 E. Hopkins, Third Floor Aspen, Colorado 81611 2. Ordinances to Survive. Any of the terms and conditions to and of the approval of the Project or obligations on the Owner's part to be performed as set forth in Ordinance 49 and Ordinance 65 and not specifically addressed in this Subdivision Agreement shall nonetheless survive the execution, delivery and recordation of this Subdivision Agreement and the Plat. 3. Incorporation of Representations. All material representations made by the Owner in its applications for land use approvals and at the public hearings thereon shall be deemed to be conditions of approval and are incorporated by reference as though set forth herein. The City shall, upon request from any interested party, including Owner, prospective purchasers and lenders, issue appropriate written certification as to the compliance or as the case may be applicable, non-compliance of any component of the Project with such representations. In the event the City fails to respond to any such request within ten (10) days following the request, then the Project shall be conclusively deemed to be in compliance with all of such representations as of the date of the request and the party making the request shall have the right to rely accordingly. 4. Binding Clause. The provisions hereof shall run with and constitute a burden upon the title to the Property and shall be binding upon and shall inure to the benefit of Owner and the City, together with their respective heirs, personal representatives, successors, grantees and assigns. Elm I 382070 H-783 P-104 06/09/95 03:46F, PIG 12 OF 28 5. Applicable Law. This Agreement shall be subject to and construed in accordance with the laws of the State of Colorado and the Municipal Code of the City of Aspen. 6. Severability. If any of the provisions of this Agreement or any paragraph, sentence, clause, phrase, word or section of the application thereof in any circumstance is invalidated, such invalidity shall not affect the validity of the remainder of this Agreement and the validity of any such provision, paragraph, sentence, clause, phrase, word or section under any other circumstances shall not be affected thereby. 7. Entire Agreement - Amendment. This Agreement contains the entire understanding and agreement between the parties hereto with respect to the transactions contemplated hereby and may be altered or amended from time to time only by written instrument executed by each of the parties hereto. 8. Acceptance of Plat - Ratification by Owner. Upon execution of this Agreement by all parties hereto, the City agrees to approve and execute the Final Subdivision Exception Plat for the project and to accept the same for recordation in the recording office of Pitkin County, Colorado, upon payment of the recordation fee and costs to the City by Owner. For his part, Owner hereby ratifies and confirms each and every representation and public dedication made and set forth by Owner on said Plat. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year first above written. Attest: The City of Aspen, Colorado, a municipal corporation By: W Mayor (signatures continued) Era 382070 8-783 R-105 06/09/95 03:46P PG 13 OF 28 APPROVED AS TO FORM: By: John Nyorces er, City Attorney STATE OF COLORADO ) ss. COUNTY OF PITKIN ) S.G.A Aspen Limited Liabilit Company Robert T11 , an �r TBy: obert W. H hes, s a ey in fact ennet h' ana By: Robert W. Hughes, his a ey in fact The foregoing instrument was acknowledged before me this _�� day of 1995, by - ,L �x>u�as Mayor of the City of Aspen, a Municipal tion, and by Kathryn/ S. Koch, City Clerk. ` TNESS my hand and official seal. { N TAqt commission expires: "Notaolublic STATE OF kD l��) ss. COUNTY OF j rt' ) The foregoing instrument was acknowledged before me this (0day of 1995, by Robert W. Hughes as attorney in fact for Robert Guarini, as anager of S.G.A. ASPEN LIMITED LIABILITY COMPANY. WITNESS my hand and official seal. 4.1vFy commission expires: N Public e6UAIT (acknowledgements continued) a Y/ 0/ - 13 - 4 /09� 4 382070 B-783 R-106 STATE OF akfti} COUNTY OF PI-1XIt'l 06/09/95 03:46P PIG 14 OF 28 ss. The foregoing instrument was acknowledged before me this day of 1995, by Robert W. Hughes as attorney in fact for Kenneth L. Shimm, 4anager of S.G.A. ASPEN LIMITED LIABILITY COMPANY. • ,.�•• I�ZI'TNESS my hand and official seal. ram* �` commission expires: _ Et4J., 1116 J `• ` otary Public,, r5-0 v ��T dArh\shimm\subdivision.agr - 14- JUN 09 '95 03:43PM CITY OF ASPEN P.2/3 RESOLUTION Oa THE ASPEN PLANNING AND ZONING COXXXOSION GRANTXNa SPECIAL REVIEW APPROVAL FOR THE OFF-STREET PARKING REQUIREMENTS YOR THE POOR AFFORDABLE" HOUSING UNITS AT 204 EAST DURANT AND RECOMENDING PUD OVERLAY APPROVAL TO CITY COUNCIL (BLOCK 77, LOTS K, L. M, N, AND O, CITY AND TOWNSITE OP ASPEN) Resolution No. 94 tu WHEREAS, pursuant to Section 24-5-301(B) of the Aspen Land Use Regulations the off-street parking requirements for all affordable housing shall be established by special review; and WHEREAS, pursuant to the special review requirements in Section 24-7-404(B) parking for affordable housing units may be approved by the Planning and Zoning Commission if the requirements of this provision are met by the applicant; and WHEREAS, the Planning Office received an application from SGA Limited Liability Company, represented by Sunny Vann, for GMQS exemption for reconstruction of a multi -family structure, subdivision, text amendment, and special review for affordable housing parking; and WHEREAS, a public hearing was conducted on July 5, 1994, at �.- a regular meeting of the Aspen Planning and Zoning Commission, in which the Commission considered the applicant's request and voted 7-0 for special review approval for the affordable housing parking plan; and WHEREAS, the applicant submitted a revised land use application in which the Applicant has requested a western side yard PUD variance to zero feet and a special review request to provide a total of three parking spaces for the four affordable dwelling units; and WHEREAS, a public hearing was conducted on November 22, 1994, at a regular meeting of the Aspen Planning and Zoning Commission, in which the Commission considered the Applicant's revised land use application and voted 6-1 for the affordable housing parking plan. NOW, THEREFORE BE IT RESOLVED by the Commission: That the 204 East Durant project has been approved to provide three off-street parking spaces for the four affordable dwelling units provided within this project. The configuration of the parking spaces shall be that which is shown on the site plan included in the revised application packet and is subject to the following conditions: � 1. The applicant shall work with the Engineering and Parks 382070 B-783 P --107 06 i 09 /95 k:+3 : 46P, PG 15 OF 28 JUN 09 '95 03:44PM CITY a- ASPEN P.3i3 �82070 B— 78?, F' —1OE]6 /09 i 95 � a 46F' I'G 16 OF 28 Department during installation of the sidewalk and pruning of the trees. 2. The Subdivision/PUD Agreement shall permit the affordable housing unit that does not have a designated parking space to park on the apron of its associated free market unit. 3. All material representations made by the applicant in the application and public meetings shall be adhered to and considered conditions of approval, unless otherwise amended by other conditions. APPROVED by the Commission at its regular meeting on November 22, 1994. Attest: Jan4?4rney, DepCity Cler 2 Planning and Zoning C sion: w. Hruce Kerr, Chair ,77968 B-771 P-487 01/11/9C 11:C'8A PG 1 OF SILVIA DAVIS PITKIN COUNTY CLERK & RECORDER REC DOC35.00 ORDINANCE NO. 49 (SERIES OF 1994) AN ORDINANCE OF THE CITY OF ASPEN GRANTING GMQS EXEMPTION FCR THE CONSTRUCTION OF FOUR AFFORDABLE HOUSING UNITS AND FOUR FREE MARKET DWELLING UNITS UNDER THE MULTI -FAMILY HOUSING REPLACEMENT PROGRAM, SUBDIVISION APPROVAL AND VESTED RIGHTS FOR A PERIOD OF THREE YEARS FOR THE 204 EAST DURANT PROJECT WHICH IS LOCATED WITHIN BLOCK 77, LOTS K, L, M, N, AND O, CITY AND TOWNSITE OF ASPEN WHEREAS, pursuant to Chapter 18-3.3 of the Aspen Municipal Code, an applicant may reconstruct a multi -family housing project if the project meets the criteria of this provision of the Aspen Municipal Code; and WHEREAS, pursuant to Section 24-7-1004(C) of the Aspen Municipal Code, City Council grants final subdivision approval; and WHEREAS, pursuant to Section 24-6-207 of the Aspen Municipal Code, City Council may grant vesting of development rights for a site specific development plan for a period of three years from the date of final development plan approval; and WHEREAS, SGA Aspen Limited Liability Company, c/o Doug Allen, ("Applicant"), as represented by Sunny Vann, submitted an application to the Planning Office requesting construction of eight dwelling units under the resident multi -family housing replacement program, subdivision, vested rights, and a text amendment to allow parking on garage aprons in multi -family projects; and WHEREAS, the 204 East Durant project is located within the L/TR zone district and meets the dimensional requirements of this zone district; and WHEREAS, the Planning and Zoning Commission considered the 382070 B-785 F'--10", 06/09/95 03:46P PG 17 OF 377968 8-771 P-488 01/11/95 11:08A FIG 2 OF 7 applicant's request at a public hearing on July 5th and August 2, 1994, at which time they recommended approval to City Council for the replacement housing project and the text amendment. The Commission also granted Special Review approval for parking for the affordable dwelling units. The Commission also granted Special Review approval for apron parking based on the proposed text amendment, should City Council approve the proposed text amendment. The Commission's conditions are detailed in Resolution 94- ; and WHEREAS, the Commission voted 7-0 to recommend approval to City Council for the replacement housing project and subdivision, and voted 8-0 to recommend approval for the text amendment. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1: Pursuant to Section 24-7-1004(C) of the Municipal Code, City Council does hereby grant the applicant Subdivision approval subject to the following conditions: J 1. The replacement affordable housing units shall be fully deed restricted as follows: Unit 1 Category #2 (2 bdrm, 850 net livable sq.ft.) Unit 2 Category #1 (1 bdrm, 600 net livable sq.ft.) Unit 3 Category #2 (1 bdrm, 600 net livable sq.ft.) Unit 4 Category #2 (studio, 400 net livable sq.ft.) �2. The applicant will need to obtain approval from the Housing Office as to the quality of fixtures, finish, and amenities of the affordable housing units, prior to the issuance of any building permits for the project. 3. Prior to issuance of any building permits, the applicant shall record the deed restrictions for the affordable housing units and forward a copy to the Planning Office. K �8C- P-78�3 P-110 06/09/9 0 :46P PIG 18 OF "77968 8-771 P-489 01/11/95 11:08A FIG 3 OF 7 4. As recommended by the Aspen Fire Protection District, the applicant shall have a residential sprinkler and alarm system installed in the proposed structure. These systems shall be identified on the building plans. 5. As recommended by the City Engineer in his memo dated June 16, 1994 the applicant shall: a. provide a drainage plan which shall be approved by the City Engineer, prior to issuance of a building permit. b. submit a parking plan, prior to the issuance of a building permit, which illustrates the size and location of all parking spaces and planters. C. submit a site plan which shows a trash and recycle area, utility meters, and other equipment, prior to the issuance of a building permit. d. consult the City Engineering Department (920-5080) for design considerations, City Parks Department (920-5120) for vegetation alterations including tree removal, and shall obtain permits from the City Streets Department (920-5130) for any work or development within public rights -of -way, prior to commencing any of this work. 6. The Zoning Enforcement Officer identified the following items that shall be submitted prior to issuance of a building permit: a. an open space plan indicating the areas counted per the "Open Space" definition in Section 24-3-101. b. height information in accordance with Section 24-3-101 of the Land Use Regulations. 7. In order to be in compliance with the recommendations of the Water Department, the applicant shall: a. connect to the 20-inch water main in Durant Avenue and this shall be verified during the building inspection process. b. pay its proportionate share of the costs associated with the abandonment of the existing 6-inch water line in Durant Avenue. C. contact the Customer Service Department (920-5031) to review the proposed plans to establish the amount of the utility connection charges and to review detailed plans to provide water service, including water metering of the proposed units. 3 � 8L070 8-7833 P-111 06/09/95 0._,:46F' PIG 19 OF :8 377968 R-771 P-490 01/11/95 11:O8A PG 4 OF 7 \/8. A sidewalk, curb and gutter shall be installed along E. Durant and Aspen Street, prior to issuance of any Certificates of Occupancy for the project. This sidewalk shall be a concrete surface, at least five feet wide, and no obstacles within this width. The final design of the sidewalk shall be approved by the Parks Department and shall minimize impacts to existing trees to the greatest extent possible. 9. The applicant shall submit a Final Plat and Subdivision Agreement within 180 days of City Council review, for review and approval by the City Attorney, City Engineer, and Planning Office. /10. All landscaping shall be reviewed and approved by the Parks Department, prior to the issuance of any building permits or the start of any earthmoving activities. ✓11. All material representations made by the applicant in the application and public meetings shall be adhered to and considered conditions of approval, unless otherwise amended by other conditions. 12 All garage aprons shall be snow melted. The Subdivision Agreement shall indicate that snow melted driveways are a common element of the free-market uses for the purposes of utility payments and maintenance. 13. The applicant shall redesign the entry into the affordable housing units so that there is a gabled roof that does not shed snow onto the entryway. This shall be completed prior to issuance of any building permits. 14. The affordable housing units shall not be sold with the free market units, but shall be conveyed to the Homeowner's Association which will oversee the rental of these units to qualified individuals. ✓15. Existing tenants of the property shall have first priority at renting or purchasing the affordable dwelling units. Such rights not to be unreasonably withheld, as determined by the Housing Authority Board. Section 2: Pursuant to the concurrent text amendment revising Section 24-7-404 (B) "Off-street parking requirements" of the Municipal Code, should Council approve the text amendment in Ordinance 50, the applicant shall comply with the following condition: 4 382070 R-783 P-112 06/O9/95 O3:46P PG 20 OF 28 377968 B-771 P-491 01/11/95 11:08A PIG 5 OF 7 1. Prior to the issuance of a building permit, the applicant shall submit a landscaping plan that provides visual relief of the parking spaces to be reviewed and approved by the Parks Department and Planning Office. Section 3: Pursuant to Section 24-6-207 of the Municipal Code, City Council does hereby grant the applicant vested rights for the 204 East Durant Subdivision site specific development plan as follows: 1. The rights granted by the site specific development plan approved by this Ordinance shall remain vested for three (3) years from the date of final adoption specified below. However, any failure to abide by the terms and conditions attendant to this approval shall result in forfeiture of said vested property rights. Failure to timely and properly record all plats and agreements as specified herein or in the Municipal Code shall also result in the forfeiture of said vested rights. 2. The approval granted hereby shall be subject to all rights of referendum and judicial review. 3. Nothing in the approvals provided by this Ordinance shall exempt the site specific development plan from subsequent reviews and/or approvals required by this Ordinance or the general rules, regulations or ordinances of the City provided that such reviews or approvals are not inconsistent with the approval granted and vested herein. 4. The establishment* herein of a vested property right shall not preclude the application of ordinances or regulations which are general in nature and are applicable to all properties subject to land use regulation by the City of Aspen, including but not limited to, building, fire, plumbing, electrical and mechanical codes. In this regard, as a condition of this site development approval, the developer shall abide by any and all such building, fire, plumbing, electrical and mechanical codes, unless an exemption therefrom is granted in writing. Section 4: The City Clerk :!all cause notice of this Ordinance to be published in a newspaper of general circulation within the City of Aspen, no later than fourteen (14) days following final adoption 5 :.382:'070 B--783 P— 1 133 06 /09 /95 0:3 : 46P PIG 21 OF `8 377968 8-771 P-492 01/11/95 11:08A PG 6 OF 7 hereof. Such notice shall be given in the following form: Notice is hereby given to the general public of the approval of a site specific development plan, and the creation of a vested property right pursuant to Title 24, Article 68, Colorado Revised Statutes, pertaining to the following described property: The property shall be described in the notice and appended to said notice. Section 5: A public hearing on the Ordinance shall be held on the day of �� 1994 at 5:00 P.M. in the City Council Chambers, Aspen City Hall, Aspen, Colorado. Fifteen (15) days prior to the hearing a public notice of the hearing 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 day ofAL� 1994. �f John Bennett, Mayor F �. kTEST : _ v Kathryn S och, City Clerk \, ,� FINALLY, adopted, passed and approved this /� day of �11! 14 1994. 6 382070 8-783 P-114 06/09/95 03:46P PG 22 Or- �::3 377968 B-771 P-493 01/11/95 11:08A PG 7 OF 7 P..., L3 John ennett, Mayor ATTEST: ). ', athryn Koch, City Clerk 382070 B-783 P-115 06/09/95 03:46P PG 23 OF 28 7 "82070 B-783 P-116 06/09/95 02:46P PG 24 OF 28 ORDINANCE NO. 65 (SERIES OF 1994) AN ORDINANCE OF THE CITY OF ASPEN GRANTING A PLANNED UNIT DEVELOPMENT OVERLAY AND A PLANNED UNIT DEVELOPMENT APPROVAL TO REDUCE THE WESTERN SIDE YARD SETBACK TO ZERO FEET IN ORDER TO SAVE A 65 FOOT HEALTHY SPRUCE TREE AS PART OF THE 204 EAST DURANT PROJECT WHICH IS LOCATED WITHIN BLOCK 77, LOTS K, L, M, N, AND O, CITY AND TOWNSITE OF ASPEN WHEREAS, SGA Aspen Limited Liability Company ("Applicant"), as represented by Sunny Vann, submitted an application to the Planning Office requesting construction of eight dwelling units under the resident multi -family housing replacement program, subdivision, vested rights, and a text amendment to allow parking on garage aprons in multi -family projects; and WHEREAS, the 204 East Durant project is located within the L/TR zone district; and WHEREAS, the project was considered at a public hearing before City Council on October 11, 1994 at which time Council directed the applicant to find an alternative design that would preserve the large spruce tree on the northwestern portion of the parcel; and WHEREAS, pursuant to Chapter 24-7-902 of the Aspen Municipal Code, the City may require an Applicant to come in through the Planned Unit Development (PUD) process; and WHEREAS, the Applicant submitted a amended application which preserves the spruce tree, however, this requires a reduction in the required parking by one space and a side yard setback variance on the western lot line; and WHEREAS, the amended application was considered at a public 382070 B-78" P-117 0 6 / 0 9 / 9 5 03:46P FAG 2, nF 8 hearing on November 22, 1994 by the Planning and Zoning Commission at which time the Commission granted Special Review to reduce the parking for the affordable housing units from four on -site parking to three spaces and amend the approved parking plan for the proposal, and recommended approval of the PUD Overlay and PUD variance to City Council by a 5-2 vote and amended the conditions of approval. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, THAT: Section 1: Pursuant to Section 24-7-903 of the Municipal Code, City Council does hereby grant the applicant a Planned Unit Development designation and the sideyard setback variation from five feet to zero feet for the western boundary as represented in the revised site plans subject to the following conditions: /1. The applicant shall work with the Engineering and Parks Department during installation of the sidewalk and pruning of the trees. 2.� Trees which will be retained must be protected prior to any demolition, grading, excavation or material storage by the placement of barricade fences within five feet from the driplines of the trees. Fencing type and location shall be approved by the Parks Depatment, prior to any earthmoving work on the property. 3. All material representations made by the applicant in the application and public meetings shall be adhered to and considered conditions of approval, unless otherwise amended by other conditions. Section 2: Pursuant to Section 24-6-207 of the Municipal Code, the City Council does hereby grant the applicant vested rights for the 204 East Durant PUD/subdivision as follows: 1. The rights granted by the site specific development plan `: = 8L070 B-783 P--118 06/09/95 01 :46P PG "6 OF 228 approved by this Ordinance shall remain vested for three (3) years from the date of final adoption specified below. However, any failure to abide by the terms and conditions attendant to this approval shall result in forfeiture of said vested property rights. Failure to timely and properly record all plats and agreements as specified herein and or in the Municipal Code shall also result in the forfeiture of said vested rights. 2. The approval granted hereby shall be subject to all rights of referendum and judicial review. 3. Nothing in the approvals provided in this Ordinance shall exempt the site specific development plan from subsequent reviews and or approvals required by this Ordinance or the general rules, regulations or ordinances or the City provided that such reviews or approvals are not inconsistent with the approvals granted and vested herein. 4. The establishment herein of a vested property right shall not preclude the application of ordinances or regulations which are general in nature and are applicable to all property subject to land use regulation by the City of Aspen including, but not limited to, building, fire, plumbing, electrical and mechanical codes. In this regard, as a condition of this site development approval, the developer shall abide by any and all such building, fire, plumbing, electrical and mechanical codes, unless an exemption therefrom is granted in writing. Section 3: 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 conducted and concluded under such prior ordinances. Section 4: 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 5• The City Clerk shall cause notice of this Ordinance to be published in a newspaper of general circulations within the City of Aspen no later than fourteen (14) days following final adoption hereof. Such notice shall be given in the following form: 3 382070 8-783 R-119 06/09/95 O3:46P PG 27 OF 12P Notice is hereby given to the general public of the approval of a site specific development plan, and the creation of a vested property right pursuant to Title 24, Article 68, Colorado Revised Statutes, pertaining to the following - described property: The property shall be described in the notice and appended to said notice shall be the ordinance granting such approval. Section 6: That the City Clerk is directed, upon the adoption of this ordinance, to record a copy of this ordinance in the office of the Pitkin County Clerk and Recorder. Section 7: The City Clerk shall cause notice of this Ordinance to be published in a newspaper of general circulation within the City of Aspen, no later than fourteen (14 ) days following final adoption hereof. Such notice shall be given in the following form: Notice is hereby given to the general public of the approval of a site specific development plan, and the creation of a vested property right pursuant to Title 24, Article 68, Colorado Revised Statutes, pertaining to the following described property: The property shall be described in the notice and appended to said notice. Section S: A public hearing on the Ordinance shall be held on the day of 1994 at 5:00 P.M. in the City Council Chambers, Aspen City Hall, Aspen, Colorado. Fifteen (15) days prior to the hearing a public notice of the hearing 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 day of���u1;Ce, 1994. L� John Bennett, Mayor n �8�_�7� 8-783 F'-i:=N OC,/O9/yl 03:46P PG '28 OF ':8 ATTEST: Kathryn S../Koch, City Clerk - FINALLY, adopted, passed and approved this _ day of &%l 1994 . ATTEST: Z-% -�- JG� i i Kathryn S� och, City Clerk ord. cc. pud.204edur.pud 5 Johii Bennett, Mayor Q 2 L- U_j _.. A (Y) ©... I 204 EAST DURANT 1 GMQS EXEMPTION APPLICATION I �I I AN APPLICATION FOR GROWTH MANAGEMENT QUOTA SYSTEM EXEMPTION AND SUBDIVISION APPROVAL FOR 204 EAST DURANT STREET Submitted by S.G.A. Aspen Limited Liability Company % Douglas P. Allen, Esq. 225 North Mill Street, Suite 210 Aspen, CO 81611 (303) 925-8800 Prepared by VANN ASSOCIATES Planning Consultants 230 East Hopkins Avenue Aspen, Colorado 81611 (303) 925-6958 PROJECT CONSULTANTS PLANNER Sunny Vann, AICP Vann Associates 230 East Hopkins Avenue Aspen, CO 81611 (303) 925-6958 ARCHITECT Doug Graybeal, AIA Cottle Graybeal Yaw Architects, Ltd. 510 East Hyman Avenue, Suite 21 Aspen, CO 81611 (303) 925-2867 ENGINEER Jay Hammond, P.E. Schmueser Gordon Meyer, Inc. 118 West 6th, Suite 200 Glenwood Springs, CO 81601 (303) 945-1004 SURVEYOR David W. McBride, RLS 16129 Aspen Survey Engineers, Inc. 210 South Galena Street Aspen, CO 81611 (303) 925-3816 i TABLE OF CONTENTS Section I. INTRODUCTION Ill. PROJECT SITE III. PROPOSED DEVELOPMENT IV. REVIEW REQUIREMENTS A. Growth Management Exemptions B. Subdivision C. Text Amendment D. Vested Property Rights APPENDIX A. Exhibit 1, Pre -Application Conference Summary Exhibit 2, Title Insurance Policy Exhibit 3, Permission to Represent Exhibit 4, List of Adjacent Property Owners Exhibit 5, Application Fee Agreement B. Exhibit 1, Existing Net Residential Area Computation Exhibit 2, Letter from Schmueser Gordon Meyer, Inc. W Page 1 2 4 16 16 20 24 29 I. INTRODUCTION The following application requests an exemption from the City's growth management quota system (GMQS) for the reconstruction of four (4) multi -family dwelling units which are located at 204 East Durant Avenue. A GMQS exemption for the provision of four (4) on -site, affordable housing units, subdivision review, a text amendment, and vested property rights status for the project's various land use approvals is also requested (see Pre -Application Conference Summary, Exhibit 1, Appendix A). A subdivision exemption application to condominiumize the units will be submitted upon substantial completion of the project's construction. The application is submitted pursuant to Sections 8-104.A.LaA., 8-104.C.1.c., 7-1004.C. and 7-1103 of the Aspen Land Use Regulations by S.G.A. Aspen Limited Liability Company, a Colorado Limited Liability Company, the owner of the property (see Title Insurance Policy, Exhibit 2, Appendix A). The Applicant's representative is Sunny Vann of Vann Associates, Planning Consultants (see Permission to Repre- sent, Exhibit 3, Appendix A). A list of owners located within three hundred (300) feet of the property and an application fee agreement is provided as Exhibits 4 and 5, Appendix A, respectively. The application has been divided into three (3) parts. The first part, or Section II. of the application, provides a brief description of the project site, while Section III. describes the Applicant's proposed development. The third part, or Section IV., addresses the proposed development's compliance with the applicable review requirements of the Aspen Land Use Regulations. For the reviewer's con- venience, all pertinent supporting documents relating to the project (e.g., proof of ownership, etc.) are provided in the various appendices to the application. 1 While the Applicant has attempted to address all relevant provisions of the Land Use Regulations, and to provide sufficient information to enable a thorough evaluation of the application, questions may arise which result in the staff's request for further information and/or clarification. The Applicant would be pleased to provide such additional information as may be required in the course of the application's review. II. PROJECT SITE The project site is legally described as Lots K, L, M, N and O, Block 77, City and Townsite of Aspen, and is located at the northeast corner of Durant Avenue and South Aspen Street. The property contains approximately fifteen thousand (15,000) square feet of land area, and is zoned L/TR, Lodge/Tourist Residential. As the Improvement Survey on the following page illustrates, the site's topography rises gently to the east from Aspen Street. Natural vegetation within the property's boundaries consists of four (4) large evergreen trees, numerous smaller aspen trees and various shrubs and bushes. Man-made improvements to the property are limited to six (6) multi -family dwelling units, a filled -in swimming pool, a stone retaining wall, a wooden fence, an outdoor deck and patio, and a small shed. The units are located in a two (2) story, wooden structure which is situated in the northeast corner of the property. Both the shed and portions of the wooden fence are located within the Durant Avenue and Aspen Street right-of-ways. Existing utilities in the immediate site area include water, sewer, electric, telephone, natural gas and cable TV. Both a six (6) inch and a twenty (20) inch water main are located in the Durant Avenue right-of-way. Eight (8) inch sanitary 2 1 sewers are located in Durant Avenue, Aspen Street and the public alley which abuts the rear of the property. Electric, telephone, natural gas and cable TV service is also available in the alley. A fire hydrant is conveniently located at the northwest corner of Durant Avenue and South Aspen Avenue. 111. PROPOSED DEVELOPMENT The Applicant proposes to demolish the existing multi -family structure and to construct four (4) free market units and four (4) affordable housing units on the property pursuant to the provisions of the City's so-called "Resident Multi -Family Housing Replacement Program". As the schematic architectural drawings on the following pages illustrate, the free market units will be constructed as three (3) story, attached townhouses. Each of the units will contain three (3) bedrooms, three and one-half (3-1/2) baths, and approximately three thousand one hundred (3,100) square feet of livable area. To comply with the requirements of the Housing Replacement Program, the Applicant proposes to provide four (4) on -site, affordable housing units on the project's middle and lower levels. As the floor plans illustrate, the project's lower level will contain one (1) six hundred (600) square foot, one (1) bedroom unit and one (1) eight hundred and fifty (850) square foot, two (2) bedroom unit. The middle level will contain two (2) six hundred (600) square foot, one (1) bedroom units. The replacement housing units will be rented in compliance with the applicable requirements of the Aspen/Pitkin County Housing Authority's Affordable Housing Guidelines in effect at the time the units are deed restricted. Access to the affordable housing units will be provided via the alley which abuts the rear of the property. Each unit will have its own separate entrance as well 4 [r� 1 eNEo Fr / (_ I x.�. —'IT k sp°+eEh7J 1 `F / LEGEND & NOTES — - / 7 • L�FD_rh A7µr, Pak FOUND SURVEY MONUMENT BEGAN VITH CM 09 AS DE1CRI NO 7ELF�c TV 21' OIA. (�T BASIS OF BEM INGE: FOUND CITY MONIIENTS IN, COB ILK 77 / AND THE fW COB ILK 106 NIS 09'11'W 1726.41' BLOCK PROBATED BASED ON CITY NOMBENTS FORD ON ILK 77 / 1939 OFFICIAL MAP OF THE CITY OF ASPEN WAS USED FOR — / 3.9. LJM UP. RECOIRD PROPERTY ID LINES ACORRECTEDND FOR FIEN.0 CONDITIONS 33.3 / ❑ /1 CO..DWEALTH LAUD TITLE INSURANCE COMPANY TITLE COMMITMENT DEC, L, ( NO90 DAI ED 7-0I-93 WAS USED IN THE PREPARATION PCT-79OF \J // TN 13 SURVEY / \ / TRANSFIEIR SKILI3 EASE. 0 6R SIT N IN • 7lR VEY CONTROL POINT S6. p. / N6' I FENCE LINE �/ Sr SOT = ❑ OECk UTILITY BOX o 14. p. I ELEVATION DATUM IS MBITMY BASED ON T.I.M. OF SEWER MANIOIE ' 65- 2►rM � MIN AS SHOWN. CONTOUR INTERVAL IS 1 FOOT lQT • / l POOL THIS PROPERTY 13 IN THE DEFIER OPERA HOUSE AND ISAIN STREET C / �0% PROPERTY ZONED 1LTVR1 LODGE TOURIST RESIOENTIAL ACCORDING 2 STORY � O / Si� / DEPARTMENT TO THE CITY OF ASPEN ►LANNINDEPARTMENT MAJAS OF 7-28-93 / `•```'''�����•"""/������7777774jR ^ "�•� Os r� 946 $0 / % / TREE (1- ASPEN T' TO 9- DNA. . ,p BLUE 311. CERTIFI( I. DAVID W. MCBRIDE. A RE COLORADO DO HEREBY CERTIl. .. _.. ...._ __..._. _.._ ..._„ _,,...�.�., DURING OCT. 1987 TNRU MAR. 1993 ON THE OROUMD.OF THE PROPERTY LEGALLY DESCRIBED HEREON, AND IS CORRECT BASED ON THE FIELD EVIDENCE SHOWN AS FOUND HEREON. AND THAT THERE ARE NO OEISCREPANCIES. CONFLICTS, SHORTAGES IN AREA. BOUNDARY LINE CONFLICTS, ENCROACHMENTS. OVERLAPPING OF IMPROVEMENTS. EASEMENTS OR MIGHT$ OF WAY IN FIELD EVIDENCE OR KNOWN TO ME. EXCEPT AS HEREU ON SHOWN UNDERGROUND UTILITIES GI TN NO VISIBLE APPURTENANCES AND DOCUMENTS OF RECORD HOT FURNISHED TO THE SURVEYOR ARE EXCEPTED. THIS CERTIFICATION IS VOID UNLESS GET STAMPED BY THE SEAL OF THE SURVEYOR S IGED THIS _ DAY OF , 1993 DAVID W. PWORIDE ALS 16120 AISARDIM TO 1MO11A00 LM TOY WET IAYEH[f ANT LEY- —1. YPON Nn DETER IN 111 PLAT ME mIREIIQE —1 TME11 TEN TFYE — THE ANTE . NW QWTMHy NNNI HETIEON • I (--/Z . MPROVEMENT SURVEY LOTS K. L. M. N AND 0. BLOCK 77. CITY AND TOWNSITE OF ASPEN. COUNTY OF PITKIN. COLORADO PREPARED BY ASPEN SURVEY ENGINEERS. INC. 210 3. GALENA STREET P.O. BOX 2506 ASPEN. COLO. 61511 PHONE IF" 1303) 925-3916 TREES ADDED FEB. 22. 1991 JOB NO 12020 JULY 26. 1993 U - -AVE------ - -- ALLEY' . -- - - ---- -- SITE PLAN I f GRAYBEAL YAW ARCHITECTS LID 510 EAST HYMAN, SUf1E 21 ASPEN. COLORADO 81611 PHONE 303/925.2867 LOWER LEVEL PLAN i COTTIGRAYE EAL YAW ARCHITECTS LTD 510 EAST HYMAN, SUITE 21 ASPEN, COLORADO 81611 r PHONE 303/925-2867 GRAYBEAL YAW ARCHUECT'S LTD 510 EAST HYMAN, SUITE 21 ASPEN. COLORADO 81611 PHONE 303/925 2867 _ 1 -- UPPER LEVEL PLAN -- - - . GRCA�j BF�.Ai. YAW ARCHITECTS LTD 510 FAST HYMAK SUITE 21 ASPEN. COLORADO 81611 =LE GRAYBEAL YAW ARCHITECTS LTD 510 EAST HYMAN. SUrTE 21 ASPEN, COLORADO 81611 PHONE 303/925-2867 r 1 1 - I II NORTH ELEVATION I .' m =I 17il- ili� i �WO! m m== m m m m= r m m m m m m EAST ELEVATION. GRA LEA YAW ARCHITECTS LTD 510 EAST HYMAN, SUITE 21 AWN (010RAWS1611 m m m m m m m m m m m m m m m i m m m L, WEST ELEVATION COTTLE GRAYBEAL YAW ARCHITECTS LTD 510 EAST HYMAN, SUITE 21 ASPEN, COLORADO 81611 PHONE 303/925.2867 r �1 IJ as a patio or deck for outdoor seating. As the rear building elevation illustrates, two (2) of the units will be located one hundred (100) percent above existing grade. The remaining two (2) units will be located approximately four (4) feet below grade. All of the units will comply with applicable Uniform Building Code requirements. Eight (8) parking spaces will be provided in the enclosed garages to be located on the lower level of each free market unit. While sufficient room will be available to accommodate eight (8) additional cars on the paved garage aprons which abut each garage, these spaces do not meet current regulatory requirements, as all parking spaces in a multi -family structure must have unobstructed access to a public right-of-way. Please note, however, that this application includes a request for a text amendment which addresses this issue. Four (4) additional parking spaces will also be provided adjacent to the alley for the four (4) affordable housing units. In all, a total of twenty (20) parking spaces will be provided on -site, which should be more than adequate to meet the needs of the project's residents. The proposed development has been designed in compliance with the dimensional requirements of the L/TR zone district and the subdivision design standards of Section 7-1004.C.4. of the Land Use Regulations. As Table 1 on the following page indicates, the minimum required lot area for the project's proposed CAL unit mix is less than the roperty's total site area. In addition, the proposed building footprint meets all applicable setback requirements, and the project's total floor area does not exceed the maximum allowed. Approximately three thousand nine hundred and ninety-four (3,994) square feet, or twenty-seven (27) percent of the project site, meets the Regulation's definition of open space. This figure exceeds the minimum open space requirement of the LT/R zone district by approximately two (2) percent. 13 1. 2. 3. 4. Table 1 DEVELOPMENT DATA Existing Zoning L/TR, Lodge/Tourist Residential Total Site Area (Sq. Ft.) 14,946 Minimum Required Lot Area/Dwelling Unit (Sq. Ft.)' 1 Bedroom 2 Bedroom 3 Bedroom Minimum Required Lot Area (Sq. Ft.) Free Market Units 4 - 3 Bdrm. Units @ 1,500 Sq. Ft./ Unit Affordable Housing Units 3 - 1 Bdrm. Units @ 600 Sq. Ft./ Unit 1- 2 Bdrm. Unit @ 1,000 Sq. Ft./ Unit 5. Minimum Required Setbacks (Feet) Front Yard Side Yards Rear Yard 6. Proposed Setbacks (Feet) Durant Avenue Front Yard Aspen Street Side Yard East Side Yard Rear Yard 7. Maximum Allowable External Floor Area @ 1:1 (Sq. Ft.) 14 600 1,000 1,500 8,800 M11 1,800 1,000 10 5 10 25 6.7 5 24 14,946 8. Proposed Floor Area (Sq. Ft.) 14,946 Free Market Units 12,026 Affordable Housing Units 2,920 9. Minimum Required Open Space @ 25 3,737 Percent Lot Area (Sq. Ft.) 10. Proposed Site Coverage (Sq. Ft.) Building Footprint 6,095 Garage Aprons 2,930 Patios 510 Remainder of Site 5,411 Area Attributable to Open Space 3,994 11. Minimum Required Parking Free Market Units @ 1 Space/ 12 Bedroom Affordable Housing Units' Special Review 12. Proposed Parking Spaces 20 Free Market Units 16 Affordable Housing Units 4 ' For multi -family dwellings on a lot of twenty-seven thousand (27,000) square feet or less when a minimum of fifty (50) percent of the units built on -site are deed restricted as affordable housing. z On a lot bordered by two (2) intersecting streets, the owner may choose which yard is to be considered the front yard. The remaining yard bordering a street may be reduced by one-third (1/3) of the required front yard setback. ' Off-street parking requirements for affordable housing units is established by special review. The proposed development's site plan is essentially dictated by the setback, open space and parking requirements of the L/TR zone district. As a result, little 15 flexibility exists with respect to the location of the new structure. These limitations, notwithstanding, the proposed site plan achieves the Applicant's objective of maximizing individual unitviews and privacy, while minimizing, to the extent feasible, the project's visual impact. Adequate off-street parking has also been achieved, and the replacement affordable housing units are located predominantly above grade. As the site plan illustrates, a landscaped courtyard is proposed for the project's Durant Avenue frontage. Additional landscaping will be installed within the Durant Avenue and South Aspen Street right-of-ways to compensate for the single OAP evergreen evergreen which will be lost to construction. The aggregate diameter of the new trees to be planted within the right-of-way, however, will equal or exceed the diameter of the evergreen which is to be removed. A sidewalk will also be installed j along both street frontages. IV. REVIEW REQUIREMENTS The proposed development is subject to the receipt of a GMQS exemption for both the reconstruction of the existing multi -family dwelling units and for the construction of the proposed affordable housing units. Subdivision approval is also required, as is a text amendment to address the project's proposed on -site parking requirement. Vested property rights status is requested for all land use approvals granted pursuant to this application. Each of these review and approval require- ments is discussed below. A. Growth Management Exemptions Pursuant to the provisions of Section 8-104.A.1. a.4. of the Aspen Land Use Regulations, the reconstruction of existing multi -family dwelling units may be 16 exempted from the growth management quota system by the Planning Director upon demonstrated compliance with the provisions of the City's "Resident Multi -Family Housing Replacement Program". The specific requirements of the program, which are contained in Section 18-3.3 of the Regulations, may be summarized as follows. 1. A minimum of fifty (50) percent of the net residential area demolished must be replaced as deed restricted affordable housing. 2. The replacement housing must be configured in such a manner as to replace fifty (50) percent of the bedrooms which are lost through demolition. 3. A minimum of fifty (50) percent of the replacement housing must be above natural grade. 4. The replacement housing must be developed on the same site on which the demolition occurred unless it can be demonstrated that the replacement of the units on -site would be incompatible with adopted neighborhood plans or existing site constraints. 5. The income and price categories of the replacement housing units may be determined by the Applicant provided, however, that a minimum of twenty (20) percent of the bedrooms are deed restricted to low income guidelines and no more than twenty (20) percent of the units are restricted to resident occupancy. As Table 2 on the following page illustrates, the Applicant's proposed development complies with all of the above requirements of the Housing Replace- ment Program. More specifically, the net residential area of the replacement housing exceeds fifty (50) percent of the net residential area to be demolished. In 17 addition, the replacement housing has been configured such that fifty (50) percent of the bedrooms which are proposed to be demolished are replaced, and fifty (50) percent of the replacement housing units are located above natural grade. Finally, one (1), one (1) bedroom unit will be deed restricted to APCHA's low income category (i.e., Category #1), which meets the program's minimum twenty (20) percent requirement. The Applicant proposes to deed restrict the two (2) bedroom unit to resident occupancy, and the remaining two (2), one (1) bedroom units to APCHA's Category #2 guidelines. Table 2 HOUSING REPLACEMENT PROGRAM DATA 1. Existing Multi -Family Structure Dwelling Units Bedrooms Net Residential Area (Sq. Ft.)' 2. Proposed Demolition Dwelling Units Bedrooms Net Residential Area (Sq. Ft.) 3. Proposed Replacement Housing Dwelling Units Bedrooms Net Residential Area (Sq. Ft.) Unit 1 Unit 2 Unit 3 Unit 4 4. Replacement Housing Location Unit lZ Unit 2 IN ,'9 3,925 6 1_6' c-1 3,925 4 5 2,650 850 600 600 600 Partially Below Grade Partially Below Grade 1 1 I I C� 5. Unit 3 Unit 4 Proposed Income and Price Categories Unit 1 Unit 2 Unit 3 Unit 4 Above Grade Above Grade Resident Occupancy Category #1 Category #2 Category #2 ' See Existing Net Residential Area Computation, Exhibit 1, Appendix B. 2 Units 1 and 2 are located approximately four (4) feet below existing grade. Upon the receipt of a GMQS exemption for the reconstruction of the demolished units, and the receipt of all other required land use approvals, the Applicant will apply to the Aspen/Pitkin County Housing Authority for a so-called "Certificate of Compliance". The Applicant will execute a "Housing Replacement Agreement" with the Authority as required pursuant to Section 18-3.2 of the Land Use Regulations prior to the issuance of a building permit for the project. The Applicant's obligation to provide replacement housing as set forth in the agreement will be financially guaranteed as may be required. A GMQS exemption is also required for the project's proposed affordable housing units. Pursuant to Section 8-104.C.1.c. of the Regulations, the City Council may exempt dwelling units deed restricted in compliance with the Housing Authority's affordable housing guidelines from the growth management quota system. The applicable review criteria address such issues as the need for the units, their compliance with an adopted housing plan, the proposed unit mix, and the price categories to which the units will be deed restricted. As the proposed units comply with all requirements of the Housing Replacement Program, and the various 19 A I 1 provisions of the Housing Authority's affordable housing guidelines, the above review criteria have been met. B. Subdivision Pursuant to Section 3-101 of the Land Use Regulations, land to be used for condominiums, apartments or any other multiple dwelling units is by definition a subdivision. Consequently, the Applicant's proposed development of an eight (8) unit, multi -family residential project is subject to the City's review and approval. Such developments are reviewed pursuant to the provisions of Section 7- 1004.C. of the Regulations. The various subdivision review criteria, and the proposed development's compliance therewith, are summarized as follows. 1. 'The proposed subdivision shall be consistentwith the Aspen Area Comprehensive Plan." To the best of our knowledge, the recently adopted Aspen Area Community Plan contains no specific recommendations which directly pertain to the property in question. As noted previously, the property is zoned L/TR, Lodge/Tourist Residential, as is much of the surrounding area. Multi -family residential dwelling units are a permitted use within the L/TR zone district. 2. 'The proposed subdivision shall be consistent with the character of existing land uses in the area. The proposed subdivision shall not adversely affect the future development of surrounding areas." The proposed development is consistent with the character of existing land uses in the surrounding area, and will have no adverse effect on the area's future development. The immediate site area consists primarily of multi -family residential and lodge development (e.g., the South Point Condominiums, the Aspen 20 ' Manor Lodge, the Lift One Condominiums, etc.). As the area is essentially fully ' developed, the proposed project should have little if any effect on the development potential of neighboring properties. 3. 'The proposed subdivision shall be in compliance with all applicable requirements of the Land Use Regulations." The proposed development has been designed to comply with the ' applicable requirements of the underlying L/TR zone district and all relevant requirements of the Aspen Land Use Regulations. 4. 'The proposed subdivision shall not be located on land unsuitable for development because of flooding, drainage, rock or soil creep, mudflow, rockslide, avalanche or snowslide, steep topography or any other natural hazard or other condition that will be harmful to the health, safety, or ' welfare of the residents in the proposed subdivision." No natural hazards adversely affect the development of the property. Consequently, no adverse affect upon the health, safety or welfare of the project's residents is anticipated. 5. 'The proposed subdivision shall not be designed to create spatial patterns that cause inefficiencies, duplication or premature extension of public facilities and unnecessary public costs." facilities, No governmental inefficiencies, duplication of or unnecessary public costs will occur as a result of the provision of public services to the proposed development. All required utilities are currently available in the immediate site area. iAll costs associated with the installation of public improvements to serve the project will be borne by the Applicant as may be required. In addition to compliance with the preceding review criteria, the Land ' Use Regulations also require that various improvements be provided in connection 21 1 1 1 1 with the proposed subdivision, and that specific standards be adhered to in the subdivision's design. At the Applicant's request, Jay Hammond, P.E., of Schmueser Gordon Meyer, Inc., Consulting Engineers, has reviewed the applicable requirements of the Regulations and discussed the project with the City's referral agencies (see Exhibit 2, Appendix B). The improvements and design standards which pertain to the Applicant's proposed development, and the project's compliance with Schmueser Gordon Meyer's recommendations, are summarized as follows. 1. Water. Water service to the proposed development will be provided via either the existing six (6) inch or twenty (20) inch mains located in the Durant Avenue right-of-way. The actual main to be tapped will be determined by the City Water Department prior to the issuance of a building permit for the project. The Department has indicated that connection to either main is acceptable, and that the municipal water system has sufficient capacity to accommodate the project. 2. Sewer. The proposed development will be served by the eight (8) inch sanitary sewer located in either South Aspen Street or the public alley which abuts the property. According to the Aspen Consolidated Sanitation District, anticipated flows can be accommodated without expanding its existing treatment facility. A surcharge, however, will most likely be imposed in connection with the District's tap fee to offset the cost of various downstream system improvements. 3. Electric, Telephone, Natural Gas and Cable TV. Electric, tele- phone, natural gas and cable TV service is presently located in the adjacent street system and will be extended to serve the proposed development as may be required. All required extensions of these utilities will be located underground, and will conform to the applicable extension policies of the individual utility companies. 22 1 4. Easements. Easements to accommodate utility extensions will be provided in compliance with the applicable provisions of Section 7-1004.C.4.b. of the Regulations as may be required. All utility easements to be conveyed by the Applicant will be described in the project's subdivision agreement and depicted on the final subdivision plat. 5. Sidewalk Curb and Gutter. As discussed previously, the P Y� Applicant proposes to install sidewalks along the property's Durant Avenue and South Aspen Street frontages. As there is presently no curb and gutter within the Applicant immediate site area, the will agree to execute a standard curb and gutter agreement for the installation of these features at such time as the City shall determine. 6. Fire Protection. Fire protection for the proposed development will be provided by the Aspen Volunteer Fire Department. The project site is located approximately five (5) blocks from the fire station, resulting in a response ' time of approximately five (5) minutes. As noted previously, a fire hydrant is conveniently located at the northwest corner of Durant Avenue and South Aspen Street. The proposed development is readily accessible to emergency and fire protection vehicles via the surrounding street system. 7. Drainage. The proposed development's storm water drainage system will be designed to maintain historic flow rates with respect to surface water runoff and groundwater recharge. On -site drywells will be utilized to intercept and detain runoff from building roofs and impervious areas, and to control the rate of groundwater recharge. A detailed stormwater drainage plan will be submitted prior ' to issuance of a building permit for the project. 1 23 F I u I 1 8. Roads. No improvements to the existing streets in the immediate site area will be required as a result of the proposed development. Traffic levels generated by the project will be similar to those generated by the property's existing residents. As noted previously, sidewalks will be installed by the Applicant along the property's Durant Avenue and South Aspen Street frontages. Access to the project's on -site parking will be via the public alley which abuts the rear of the property. These two design features should significantly improve circulation and reduce vehicular/pedestrian conflicts in the immediate site area. 9. Final Plat. Section 7-1004.D.2.a.(1) of the Land Use Regula- tions requires the preparation of a final plat prior to City Council review of a subdivision application. As the proposed subdivision does not involve the creation of separate lots, and since the City Council may require revisions to the project's design, it would appear appropriate to delay the preparation of the final plat until after Council review. The submission of a recordable final plat and improvements agreement for staff review and the Mayor's signature, however, is an acceptable condition of subdivision approval. C. Text Amendment The off-street parking requirement for the proposed development's four free market units is twelve (12) parking spaces, or one (1) space per bedroom. As discussed previously, eight (8) of these spaces are to be provided in the project's enclosed garages. The Applicant proposes to provide the remaining four (4) spaces, as well as four (4) additional spaces, on the paved aprons which abut each unit's garage. Section 5-302.A. of the Regulations, however, presently precludes the use of the garage aprons for parking purposes. 24 1 1 1 1 L r 1 n More specifically, this section of the Regulations states in part that "parking spaces, except those provided for detached residential dwellings and duplex dwellings, shall have a public unobstructed area for access to a street or alley (emphasis added)". This provision has previously been interpreted to mean that stacked parking (i.e., two spaces in the garage with two spaces on the garage apron) is prohibited in a multi -family project such as that proposed by the Applicant. This interpretation is supported by the language of Section 5-302.C., which specifically exempts single- family and duplex units from the unobstructed access requirement. It is my understanding that the intent of this provision is to ensure that all off-street parking provided in connection with multi -family projects which utilize common or shared parking areas has unobstructed access. For example, the off- street parking layout at the Gant Condominiums is designed such that no owner's use of an individual space will obstruct access to the neighboring street system for any other condominium owner. In the case of townhouse projects such as the proposed development, the use of each garage and its associated parking apron is restricted to the individual unit owner. As a result, the use of an apron for parking purposes by an individual unit owner will have no adverse impact on the owner of any other unit. No unit owner will be precluded from accessing the public alley which abuts the property. Given the apparent intent of the regulatory requirement in question, there does not appear to be any logical reason why multi -family projects which are constructed as townhouses cannot stack their parking when the parking is earmarked solely for the use and benefit of the individual unit owners. Accordingly, the Applicant proposes to amend the relevant language of Sections 5-302.A. and 5-302.C. as follows. W 1 I fl 11 L Sec. 5-302. A. C. Characteristics of off-street parking spaces. General. Each off-street parking space shall consist of an open area measuring eight and one-half feet (8-1/2') wide by eighteen feet (18') long and seven feet (T) high. Each parking space, emeept-these shall have a public unobstructed area for access to a street or alley unless Xe*e. mp ed fro* his x q rem€ t s xo t d or. _ . Off- street parking must be paved with all-weather surfacing or be covered with gravel and maintained in a usable condition at all times. The proposed text amendment will have no significant effect on the quality or number of a project's on -site parking. In reality, attached townhouse projects such as that proposed by the Applicant are no different than a duplex, in that each unit owner controls the use of both his garage and its associated apron. To exclude spaces located on a garage apron simply because a project consists of three (3) or more attached units (i.e., multi -family dwellings) as opposed to two (2) units (i.e., a duplex) does not make sense. Such spaces clearly constitute valid off- street parking which addresses the needs of the project, and which functions consistent with the intent of the Regulations' unobstructed access requirement. 26 1 r Pursuant to Section 7-1103, a private application for an amendment to the text of the Aspen Land Use Regulations may be submitted at any time during the year. The review criteria for such applications, and the proposed amendment's compliance therewith, are discussed below. 1. "Whether the proposed amendment is in conflict with any applicable portions of this chapter." The proposed code amendment complies with all applicable provisions of Chapter 24 of the Municipal Code, aka, the Aspen Land Use Regulations. No variation in the dimensional requirements of the L/TR zone district, or waiver of any applicable provision of the Regulations, is requested by the Applicant. 2. "Whether the proposed amendment is consistent with all elements of the Aspen Area Comprehensive Plan." To the best of our knowledge, the recently adopted Aspen Area Community Plan does not address the regulatory issue in question. The amendment, however, is consistent with the Plan in that it will assure the provision of appropriate off-street parking to meet the needs of development. As a result, vehicular circulation on the public street system will arguably be improved. 3. "Whether the proposed amendment is compatible with surrounding zone districts and land uses, considering existing land use and neighborhood characteristics." This review criteria would appear to apply solely to an application for rezoning, and is not applicable to the proposed amendment. 4. 'The effect of the proposed amendment on traffic generation and road safety." 27 1 1 L 1 I The proposed amendment will have no adverse impact on the area's existing road system. 5. "Whether and the extent to which the proposed amendment would result in demands on public facilities, and whether and the extent to which the proposed amendment would exceed the capacity of such public facilities, in- cluding but not limited to transportation facilities, sewage facilities, water supply, parks, drainage, schools, and emergency medical facilities." The proposed amendment will have no adverse impact on the City's public facilities. 6. "Whether and the extent to which the proposed amendment would result in significantly adverse impacts on the natural environment." The proposed amendment will have no adverse impact on the natural environment. To the contrary, the amendment will reduce the amount of paving necessary to meet applicable off-street parking requirements. 7. "Whether the proposed amendment is consistent and compatible with the community character in the City of Aspen." This review criteria would appear to apply primarily to an application for rezoning, and is not applicable to the proposed amendment. 8. "Whether there have been changed conditions affecting the subject parcel or the surrounding neighborhood which support the proposed amendment." This review criteria would appear to apply primarily to an application for rezoning, and is not applicable to the proposed amendment. 9. "Whether the proposed amendment would be in conflict with the public interest, and is in harmony with the purpose and intent of this chapter." :, J it I The public interest will be served in that the proposed amendment will provide a more equitable off-street parking requirement for multi -family projects which do not utilize a common or shared parking area. In addition, the proposed amendment will provide additional flexibility in meeting the intent of the Housing Replacement Program. As the amendment will not reduce the amount of parking which applicant must provide, no adverse impact will occur merely from the amendment's adoption. D. Vested Property Rights In order to preserve the land use approvals which may be obtained as a result of this application, the Applicant hereby requests vested property rights status pursuant to the provisions of Section 6-207 of the Land Use Regulations. It is understood by the Applicant that, to establish such status, final approval of the proposed development must be granted by ordinance of the City Council. It is also the Applicant's understanding that no specific submission requirements, or review criteria other than a public hearing, are required to confer such status. 29 1 J 5 APPENDIX A l CITY OF ASPEN E /H/1 B IT 1 'RE -APPLICATION CONFERENCE SUMMARY PROJECT APPLICANT'S REPRESENTATIVE: nn REPRESENTATIVE'S PHONE. ' � 1 v OWNER'S NAME : _, �- ' SUNII�I.�RY 1. Type of Application: 11 3. Areas is which Applicant has been requested to respond, types of reports requested: Policy Area/ Referral Agent Comments Water Dept. contact for tap fee requirements - 1 A�C- - .-�Revi�ewi�s-.(P&Z Only) (CC Only) &Z tEh eW to CJ 5. Public Hearing = (Y_) (NO) 6. Number of copies of the application to be submitted: pinno- �; n�. e.•S 7. What fee was applicant requested to submit: �l �i f � c): )q,�4 8. Payment form Attached for signature : ( YES) ) (NO) 9. Anticipated date of submission: 10. COMMENTS/UNIQUE CONCERNS: frm.pre_app EXHIBIT 2 SCHEDULE A -OWNER'S POLICY CASE NUMBER DATE OF POLICY AMOUNT OF INSURANCE POLICY NUMBER PCT-7890C2 02/25/94 @ 4:27 P.M. $ 1,325,000.00 128-058497 1. NAME OF INSURED: S.G.A. ASPEN LIMITED LIABILITY COMPANY, A COLORADO LIMITED LIABILITY COMPANY 2. THE ESTATE OR INTEREST IN THE LAND HEREIN AND WHICH IS COVERED BY THIS POLICY IS: IN FEE SIMPLE 3. THE ESTATE OR INTEREST REFERRED TO HEREIN IS AT DATE OF POLICY VESTED IN: S.G.A. ASPEN LIMITED LIABILITY COMPANY, A COLORADO LIMITED LIABILITY COMPANY 4. THE LAND REFERRED TO IN THIS POLICY IS DESCRIBED AS FOLLOWS: LOTS K, L, M, N AND 0, BLOCK 77, CITY AND TOWNSITE OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO. PITKIN COUNTY TITLE, INC. 601 E. HOPKINS AVE. ASPEN, COLORADO 81611 (303) 925-1766 THE POLICY NUMBER SHOWN ON THIS SCHEDULE MUST AGREE WITH THE PREPRINTED NUMBER ON THE COVER SHEET. ' SCHEDULE B-OWNERS ' CASE NUMBER DATE OF POLICY POLICY NUMBER PCT-7890C2 02/25/94 @ 4:27 P.M. 128-058497 ' THIS POLICY DOES NOT INSURE AGAINST LOSS OR DAMAGE BY REASON OF THE FOLLOWING: 1. Rights or claims of parties in possession not shown by the public records. 2. Easements, or claims of easements, not shown by the public records. ' 3. Discrepancies, conflicts in boundary lines, shortage in area, enchroachments, 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. S. Water rights, claims or title to water. 6. Taxes for the 1994 not due or year yet payable. ' 7. Reservations and exceptions as set forth in the Deed from the City of Aspen recorded in Book 59 at Page 330 providing as follows: "That no title shall be hereby acquired to any mine of gold, silver, cinnabar or copper or to any valid mining claim or ' possession held under existing laws". (This exception effects Lots K, L and M) 8. Reservations and exceptions as set forth in the Deed from the City of Aspen recorded in Book 59 at Page 559 providing as follows: "That no title shall be hereby acquired to any mine of gold, ' silver, cinnabar or copper or to any valid mining claim or possession held under existing laws". (This exception effects Lots N, 0 and P) ' 9. Terms, conditioins, restrictions, reservations, provisions and obligations as set forth in Encroachment Agreement recorded in Book 507 at Page 512. EXCEPTIONS NUMBERED 1, 2, 3 & 4 ARE HEREBY OMITTED. EXHIBIT 3 April 15, 1994 HAND DELIVERED Ms. Leslie Lamont Aspen/Pitkin Planning Office 130 South Galena Street Aspen, Colorado 81611 Re: Permission to Represent Dear Ms. Lamont: Please consider this letter authorization for Sunny Vann of Vann Associates, Planning Consultants, to represent us in the processing of our application for a GMQS exemption and subdivision approval for our property which is located at 204 East Durant Avenue in the City of Aspen. Mr. Vann is hereby authorized to act on our behalf with respect to all matters reasonably pertaining to the aforementioned request. Should you have any questions, or if we can be of any further assistance, please do not hesitate to call. Sincerely, 225 North Mill Street, Suite 210 Aspen, CO 81611 (303) 925-8800 hTNU 7 cAbus\city.ItrVtr24794.111 I EXHIBIT 5 ASPENTITKIN PLANNING OFFICE ' Agreement for Payment of City of Aspen Development Application Fees ' CITY OF ASPEN (hereinafter CITY) and h• d�,'r• (hereinafter APPLICANT) AGREE AS FOLLOWS: G/,4/-05/G/l"yo «, 1. APPLICANT has submitted to CITY an application for (hereinafter, THE PROJECT). ' 2. APPLICANT understands anct agrees that City of Aspen Ordinance No. 77 (Series of 1992) establishes a fee structure for Planning Office applications and the payment of all processing fees is a condition precedent to a determination ' of application completeness. 3. APPLICANT and CITY agree that because of the size, nature or scope of the proposed project, it is not possible at this time to ascertain the full extent of the costs involved in processing the application. APPLICANT and CITY further agree that it is in the interest of the parties to allow APPLICANT to make payment of an initial deposit and to thereafter permit additional costs to be billed to APPLICANT on a monthly basis. APPLICANT agrees he will be benefited by retaining greater cash liquidity and will make additional payments upon notification by the CITY when they are necessary as costs are incurred. CITY agrees it will be benefited through the greater certainty of recovering its full ' costs to process APPLICANT'S application. ' 4. CITY and APPLICANT further agree that it is impracticable for CITY staff to complete processing or present sufficient information to the Planning Commission and/or City Council to enable the Planning Commission ' and/or City Council to make legally required findings for project approval, unless current billings are paid in full prior to decision. 5. Therefore, APPLICANT agrees that in consideration of the CITY's waiver of its right to collect full fees prior to a determination of application completeness, AVPLICANT shall pay an initial deposit in the amount of $ e;/ which is for L— hours of Planning Office time, and if actual recorded costs exceed the initial deposit, APPLICANT shall pay additional monthly billings to CITY to reimburse the CITY for the processing of the application mentioned above, including post approval review. Such periodic payments shall be made within 30 days of the billing date. APPLICANT further agrees that failure to pay such accrued costs shall be grounds for suspension of processing. CITY OF ASPEN . T By: Diane Moore City Planning Director 1 2 APPLICANT Date: APPENDIX B MW - \ r2 L 14'5 1 Sit, I l ' tz \ ? a y Y'` 1 � 1 1 1 1 I 9 mm N I.LV$ L LeTS K-, L , NM , N and k 77 Pt = /0 - oil GITY OF At e-N � co 'PIfk-IN { /- . YAW ARCHITECTS 1_rn 510 EAST HYMAK SITE u . CO RAA81611 -1 N'►r .. CMS ur R ►n�+- asa.. 1 674,4o T•r�� 7Lt-20 r-TAL, to TOTAL NET RES . AP-6-4 Uu rr T DOM WCrr MM-r USG REUIR.1'tU-%5 FC?, {F611A N-E SPAS i I � L�] (303) 925-6727 FAX (303) 925-4157 April 15, 1994 Mr. Sunny Vann VANN ASSOCIATES INC. 230 East Hopkins Ave. Aspen, CO. 81611 _ ENGINEERS SURVEYORS SG M SCHMUESER GORDON MEYER RE: 204 East Durant Property Subdivision Application, Engineering Report Dear Sunny: EXHIBIT 2 P.O. Box 2155 Aspen, CO 81612 This letter comprises an engineering report for relevant aspects of the 204 East Durant property subdivision application to the City of Aspen. My remarks are based on our discussions of the project, conversations with representatives of the primary utilities and inspection of the site. I have also structured my comments in response to my proposal of March 24, 1994 and to the engineering related criteria of City of Aspen Municipal Code Section 7-1004., Subdivision approval. 1 I Introduction The 204 East Durant property comprises Lots K, L, M, N and 0 of Block 77 in the Original Townsite of Aspen, Colorado. The site currently includes a two-story multi -family residential structure. The application is for subdivision approval to construct up to four free market townhomes as well as four affordable housing units in the LTR zone district. With regard to the requirements of the Aspen Municipal Code, I offer the following comments: (a) Water Supply Based on my discussion with City of Aspen Water Superintendent Larry Ballenger and a review of city water system mapping, the site is currently served by a 6 inch diameter cast iron main and a 20 inch diameter ductile iron transmission main in the Durant Avenue right-of-way. According to Larry, service would be available from one of the two mains but they are not certain, at this time, which line would be tapped for service. Normally, the City would prefer to tap the smaller diameter line for service and leave the larger diameter transmission line unencumbered by service connections. They are, however, uncertain of the age and condition of the 6 inch line and whether it may need to be replaced or abandoned. Larry is checking the departments records to determine the status of the 6 inch line. In the event it is determined that the 6 inch line requires replacement to provide adequate service, the 204 East Durant project may be required to pay a proportionate share (probably based on frontage distance) for a new main. In either case, the City water system has sufficient capacity to serve the residential units created by this application and provision of water service would not pose any special problems from a technical standpoint. As a site within the City, service would be subject to payment of 1 1 118 West 6th, Suite 200 - Glenwood Springs, Colorado • (303) 945-1004 1 April 15, 1994 Mr. Sunny Vann Page 2 appropriate tap and connection fees for the service capacity required by the new structures. Given the age of the existing structure, I would not anticipate any tap fee credits for the project. (b) Sanitary Sewer Based on my discussion of the project with Aspen Consolidated Sanitation District (ACSD) Superintendent Tom Bracewell and review of area maps of the ACSD collection system, there are existing 8 inch diameter sanitary sewer mains in Durant Avenue, South Aspen Street and the alley of Block 77. The 204 East Durant site, therefore, has the uncommon situation of being surrounded on three sides by ACSD collection lines. Tom indicates that sewer service taps are feasible to either the alley line or the South Aspen Street line. Based on our discussions of other projects in the vicinity, Tom has also noted the need for some capacity improvements to the 12 inch collection line downstream of this site in the area of First Street. These improvements are to be undertaken by the ACSD and are to be funded through the application of a tap fee surcharge to new services, such as those associated with the 204 East Durant project, impacting the line. Based on our recent discussion of other projects in the area, the tap fee surcharge would appear to be about $725 per EQR of required capacity in addition to normal tap and connection fees. Sewer service is available to the 204 East Durant project without any need for additional sewage treatment capacity. Payment of the mandatory tap fee surcharge by the applicant will provide a general benefit to the ACSD collection system in the area. (c) Electric Service I have spoken with City of Aspen Electric Superintendent Bill Early regarding the availability of electric service to the 204 East Durant site. Bill indicates that the primary electric lines within the alley of Block 77 are adequate to serve a residential project on the property. The improvement survey by Aspen Survey Engineers indicates the presence of an existing secondary service transformer on an easement within Lot P, immediately adjacent to the northeast corner of the 204 East Durant property. Bill indicates that service is available from this location and will likely require the upgrade of the existing transformer to offer adequate capacity for the project in addition to any other properties currently served from that location. Bill indicated that the City of Aspen Electric Department staff will proceed with appropriate testing to determine the actual capacity and current loads on the transformer adjacent to the 204 East Durant site. They will also need more detailed load information for the redevelopment of the site once design has progressed to that point. Final determinations can then be made regarding the replacement of the existing transformer. SCHMLIFRFR GORDON MEYER. INC I April 15, 1994 Mr. Sunny Vann Page 3 (d) Miscellaneous Utilities There is an existing underground phone line in the alley that currently provides service to the property. Capacity should be available from this line to provide phone service to the new structures. Gas service and cable TV are also available and relevant pedestals and meters are already in place within the site or in the alley. Redevelopment of the 204 East Durant site should anticipate placing all related pedestals and meters within the property boundaries. (e) Access and Traffic Impacts Access to the site is to be from the alley of Block 77. The site plan includes one parking space per bedroom for the townhouse units (twelve spaces) and one space per unit for the affordable housing units (four spaces). The current site offers no on -site parking so the proposed parking spaces serve to remove seven or more vehicles (for the seven existing units) off of the adjacent streets. Recent existing traffic counts are not available for Durant Avenue or South Aspen Street, however the Aspen Area Comprehensive Plan: Transportation Element, published in September of 1987 put existing volumes at 2,100 vehicles per day (VPD) on Durant and 3,000 VPD on South Aspen. Using the overall growth in traffic for the Aspen area reflected in the Draft Environmental Impact Statement for Highway 82, about 2% per year, traffic as of 1994 would be 2,400 VPD on Durant and 3,400 VPD on South Aspen absent any other distinct influences. Both figures are well below the capacity of the two-way streets. To anticipate some basis for traffic generation from the proposed residential units, I would reference Section II, "Road Design Standards" of the Pitkin County Road Standards and Specifications, as adopted on December 4, 1990, which recommends a vehicle trip generation figure for apartment or condominium type residential units of 3 per day per unit assuming a strong transit system. This would result in a traffic generation figure of 24 VPD impacting the adjacent streets as a result of this project. It is also relevant to note that the site currently has 7 existing residential apartment units generating 21 VPD utilizing the same formula. It is therefore appropriate to view the proposed development as generating a net impact of just 3 vehicles per day impacting adjacent streets. As full -width, two lane roads, the adjacent streets are currently well under capacity and will see no adverse effect from an additional 3 VPD. No improvements to the adjacent streets are required as a result of the 204 East Durant subdivision application. The site is also well served by public transportation with a bus stop at the corner of Durant and South Aspen and with the Rubey Park Transit Center just two blocks to the east. (f) Drainage Replacement of the multi -family residential structure on the 204 East Durant site will result in minimal additional drainage impacts to the surrounding area. Site design is to incorporate on -site drainage features including drywells to maintain historic conditions with regard to runoff from the SCHMUESER GORDON MEYER. INC. April 15, 1994 Mr. Sunny Vann Page 4 site. This project will not create additional impacts to the City of Aspen's storm drainage system nor will it require improvements or expansion of the area storm drainage system. I hope these comments will be sufficient for the subdivision application for the 204 East Durant property. Please feel free to contact me if I may provide further information or detail. Very truly yours, SCHMUESER GORDON MEYER INC. 2ay �/ V . Hammond, P.E. Principal, Aspen Office JH/Ih 94041ER SCHMUESER GORDON MEYER, INC. CASELOAD SUMMARY SHEET City of Aspen DATE RECEIVED: 04/20/94 PARCEL ID AND CASE NO. DATE COMPLETE: 2735-131-05-002 A28-94 STAFF MEMBER: bL rt i L PROJECT NAME: 204 E. Durant GM S Exemption '; - "" 2.Kc Project Address: Legal Address: APPLICANT: SGA ASDen Limited Liabilitv Compan Applicant Address: REPRESENTATIVE: Sunny Vann Representative Address/Phone: 230 E. Hopkins 925-6958 Aspen, CO 81611 FEES: PLANNING $ 2119 # APPS RECEIVED 13 ENGINEER $ 242 # PLATS RECEIVED 13 HOUSING $ 150 ENV. HEALTH $ 60 TOTAL $ 2571 TYPE OF APPLICATION: STAFF APPROVAL: 1 STEP: 2 STEP: X P&Z Meeting Date-Coly PUBLIC HEARING: �)ES` NO VESTED RIGHTS: YES NO ^' CC Meeting Date a �� PUBLIC HEARING: :YES NO VESTED RIGHTS: rYES, NO DRC Meeting Date REFERRALS: City Attorney X City Engineer X Housing Dir. X Aspen Water City Electric Envir.Hlth. Zoning DATE REFERRED• �J FINAL ROUTING: a Parks Dept. Bldg Inspector Fire Marshal Holy Cross Mtn. Bell ACSD Energy Center School District Rocky Mtn NatGas CDOT Clean Air Board Open Space Board Other Other INITIALS: 9A) DUE: DATE ROUTED: 1 �7= ' INITIAL:It City Atty City Engineer Housing Open Space FILE STATUS AND LOCATION: Zoning Env. Health Other: 61 �7--7 , • 1/II d 0 ge MEMORANDUM TO: Mayor and Council THRU: Amy Margerum, City Manager THRU: Stan Clauso,61-'-kty Planning Director FROM: Mary Lackner, Planner DATE: December 12, 1994 RE: 204 E. Durant PUD Overlay Designation and PUD Review - Second Reading of Ordinance 66, Series 1994 AND 204 E. Durant GMQS Exemption, Subdivision, and Vested Rights - Second Reading of Ordinance 49, Series 1994 ----------------------------------------------------------------- ----------------------------------------------------------------- SUMMARY: City Council considered the applicant's request for Multi -Family Housing Replacement and Subdivision on October 11, 1994, at which time Council directed the applicant to pursue a PUD overlay and PUD review process to save the 65 foot spruce tree. The applicant has returned with a PUD variance request to reduce the west side yard setback to zero feet for approximately 28' of the building to accommodate the preservation of the tree in its present location on site. The Planning and Zoning Commission considered the applicant's request on November 22, 1994 and recommend approval of the PUD request by a vote of 5-2. The Commission also approved the amendment to the Special Review for parking, reducing four on -site parking spaces to three spaces. This memo also reviews the applicant's request to demolish an existing six unit multi -family project and replace it with an eight unit multi -family structure. The applicant is seeking GMQS Exemption, Subdivision, and approval pursuant to the Residential Multi -Family Housing Replacement Program to accommodate this development. The applicant has also received a text amendment that permits parking to be accommodated on garage aprons in Ordinance 50, Series of 1994. APPLICANT: SGA Aspen Limited Liability Company, represented by Vann Associates, Mr. Sunny Vann. LOCATION: 204 E. Durant, which is located within Block 77, Lots K, L, M, N and O, City and Townsite of Aspen. ZONING: L/TR - Lodge/Tourist Residential. APPLICANT'S REQUEST: The applicant is requesting to designate the parcel a PUD in order to obtain a variance of the side yard setback along the western property line to save the spruce tree. (The variance is from approximately seven feet to zero feet). The applicant has received special review approval to reduce the parking for the affordable housing from 4 to 3 spaces and special review to amend the approved on -site parking plan. The applicant is also seeking GMQS Exemptions to reconstruct four free market dwelling units and build four new fully deed restricted units. Subdivision approval is also required for the multi -family development and is being requested so that the applicant may condominimize the free market units at a later date. The applicant is also requesting vested rights approval for three years from City Council. Please refer to the amended application letter and maps attached to this memo. PROCESS: Since the applicant amended the application to designate the property a PUD fairly late in the review process, the PUD designation ordinance is separate from the other land use approvals. Staff is requesting that City Council pass Ordinance 66 to designate the parcel a PUD and grant the PUD variance, then pass Ordinance 49 for the remaining land use approvals. CONSISTENCY WITH THE ASPEN AREA COMMUNITY PLAN: The AACP does not specifically refer to the applicant's property. The construction of four affordable housing units does not meet the AACP goal of new subdivisions providing 60% of the units as affordable housing. This goal has not been codified. REFERRAL COMMENTS: 1. Parks Department: The Parks Department agrees with the new layout to save the large spruce tree on the property. Parks has recommended that protective snow fencing be placed around the perimeter of the base of the tree (within five feet of the dripline of the tree) so there is no confusion of where digging can occur prior to beginning excavation. The other comment in regards to the design proposal is to place the sidewalk along the edge of the street and omit the "buffer zone" between street and sidewalk. This again would protect the trees better and require less trimming up of trees. 2. Zoning Office: Bill Drueding has stated that more information is needed to determine if the open space and height requirements of the zone district will be met. CURRENT ISSUES: The applicant's request requires review of GMQS Exemptions for Multi -Family Replacement, Subdivision, and PUD. The specific criteria and staff responses are included as Exhibit "B." 2 The minutes of the October 11, 1994 meeting are included as Exhibit "J." These are included as there was considerable discussion regarding how the rental/sale of the fully deed restricted units will be handled. The applicant originally proposed that the four free market units would each be condominimized with an affordable housing unit. Therefore, future purchasers would buy a free market unit and a fully deed restricted unit. The deed restricted units have mandatory occupancy, income, and rental restrictions. Then the owners of the free market units will select a renter for each of the affordable housing units. Council was not in agreement with the applicant's proposed sale of a fully deed restricted unit with each free market unit, as this does not seem to meet the purpose of Ordinance 1. At Council's October 11, 1994 meeting, following the public hearing, the applicant agreed that the deed restricted units would not be sold with the free market units, but would be sold or rented to qualified individuals independent of the sale of the free market units. The applicant also agreed to give the existing tenants of the property first priority at renting the replacement units. Specific conditions of approval have been added to the ordinance to deal with these concerns. The sidewalk alignment on the western property boundary should be realigned to be flush with the curb in the area of the spruce tree to reduce ground disturbance around the tree. It is also recommended that the proposed sidewalk on the southern property boundary be meandering, to protect the large spruce trees on this portion of the lot. The PUD variance of a zero sideyard setback is on S. Aspen Street and does not interfere with an adjacent property. The right-of- way width of S. Aspen Street is 75 feet and there is approximately 12 feet of ROW landscaped area between the property line and the edge of pavement. The configuration and size of the affordable dwelling units has changed with the redesign of the project to accommodate the tree. The total deed restricted square footage has been reduced 200 sq.ft., from 2,650 sq.ft. to 2,450 sq.ft., which still meets the minimum requirements of the Residential Multi -Family Housing Replacement Program. The redesign necessitated that a one bedroom fully deed restricted unit be changed to a studio unit. RECOMMENDATION: The Planning and Zoning Commission and Planning Office recommend approval of the applicant's request for a western side yard PUD variance to zero feet, GMQS Exemption for Multi - Family Housing Replacement, Subdivision, and Vested Rights for a period of three years for the 204 E. Durant project, subject to the following conditions: PUD Conditions in Ordinance 65 3 • • 1. The applicant shall work with the Engineering and Parks Departments during installation of the sidewalk and pruning of the trees. 2. Trees which will be retained must be protected prior to any demolition, grading, excavation or material storage by the placement of barricade fences within five feet from the driplines of the trees. Fencing type and location shall be approved by the Parks Department, prior to any earthmoving work on the property. 3. All material representations made by the applicant in the application and public meetings shall be adhered to and considered conditions of approval, unless otherwise amended by other conditions. GMQS Exemption, Subdivision and Vested Rights Conditions Ordinance 49 1. The replacement affordable housing units shall be fully deed restricted as follows: Unit 1 Category #2 (2 bdrm, 850 net livable sq.ft.) Unit 2 Category #2 (1 bdrm, 600 net livable sq.ft.) Unit 3 Category #2 (1 bdrm, 600 net livable sq.ft.) Unit 4 Category #1 (studio, 400 net livable sq.ft.) 2. The applicant will need to obtain approval from the Housing Office as to the quality of fixtures, finish, and amenities of the affordable housing units, prior to the issuance of any building permits for the project. 3. Prior to issuance of any building permits, the applicant shall record the deed restrictions for the affordable housing units and forward a copy to the Planning Office. 4. As recommended by the Aspen Fire Protection District, the applicant shall have a residential sprinkler and alarm system installed in the proposed structure. These systems shall be identified on the building plans. 5. As recommended by the City Engineer in his memo dated June 16, 1994 the applicant shall: a. provide a drainage plan which shall be approved by the City Engineer, prior to issuance of a building permit. b. submit a parking plan, prior to the issuance of a building permit, which illustrates the size and location of all parking spaces and planters. 4 • • C. submit a site plan which shows a trash and recycle area, utility meters, and other equipment, prior to the issuance of a building permit. d. consult the City Engineering Department (920-5080) for design considerations, City Parks Department (920-5120) for vegetation alterations including tree removal, and shall obtain permits from the City Streets Department (920-5130) for any work or development within public rights -of -way, prior to commencing any of this work. 6. The Zoning Enforcement Officer identified the following items that shall be submitted prior to issuance of a building permit: a. an open space plan indicating the areas counted per the "Open Space" definition in Section 24-3-101. b. height information in accordance with Section 24-3-101 of the Land Use Regulations. 7. In order to be in compliance with the recommendations of the Water Department, the applicant shall: a. connect to the 20-inch water main in Durant Avenue and this shall be verified during the building inspection process. b. pay its proportionate share of the costs associated with the abandonment of the existing 6-inch water line in Durant Avenue. C. contact the Customer Service Department (920-5031) to review the proposed plans to establish the amount of the utility connection charges and to review detailed plans to provide water service, including water metering of the proposed units. 8. A sidewalk, curb and gutter shall be installed along E. Durant and Aspen Street, prior to issuance of any Certificates of Occupancy for the project. This sidewalk shall be a concrete surface, at least five feet wide, and no obstacles within this width. The final design of the sidewalk shall be approved by the Parks Department and shall minimize impacts to existing trees to the greatest extent possible. 9. The applicant shall submit a Final Plat and Subdivision Agreement within 180 days of City Council review, for review and approval by the City Attorney, City Engineer, and Planning Office. 10. All landscaping shall be reviewed and approved by the Parks 5 Department, prior to the issuance of any building permits or the start of any earthmoving activities. 11. All material representations made by the applicant in the application and public meetings shall be adhered to and considered conditions of approval, unless otherwise amended by other conditions. 12. Prior to the issuance of a building permit, the applicant shall submit a landscaping plan that provides visual relief of the parking spaces, to be reviewed and approved by the Parks Department and Planning Office. 13. All garage aprons shall be snow melted. The Subdivision Agreement shall indicate that snow melted driveways are a common element of the free-market uses for the purposes of utility payments and maintenance. 14. The applicant shall redesign the entry into the affordable housing units so that there is a gabled roof that does not shed snow onto the entryway. This shall be completed prior to issuance of any building permits. 15. The affordable housing units shall not be sold with the free market units, but shall be sold or rented to qualified individuals (as determined by the Housing Office Guidelines) independent of the sale of the free market units. 16. Existing tenants of the property shall have first priority at renting or purchasing the affordable dwelling units. RECOMMENDED MOTIONS: "I move to approve second reading of Ordinance 65, Series 1994 for PUD designation and a side yard setback variance for the 204 East Durant project, subject to conditions." "I move to approve second reading of Ordinance 49, Series 1994 for Subdivision, GMQS Exemption, and Vested Rights for the 204 East Durant project, subject to conditions." Ordinance 65, Series 1994 - PUD Designation and Variance Ordinance 49, Series 1994 - GMQS Exemptions, Subdivision, Vested Rights Exhibits A - Supplemental application information B - Staff responses to code criteria C - ACSD referral comments D - Engineering referral comments C. E - Housing Office referral comments F - Water Department referral comments G - Zoning Department referral comments H - Parks Department referral comments I - Public Notice J - City Council minutes of October 11, 1994 cc.pud.204edur • Exhibit I!� VANN ASSOCIATES Planning Consultants November 7, 1994 HAND DELIVERED Ms. Mary Lackner Aspen/Pitkin Planning Office 130 South Galena Street Aspen, Colorado 81611 Re: 204 East Durant GMQS Exemption Application Dear Mary: Nov - g 1994 ✓� At the City Council's urging, the Applicant has redesigned a portion of the 204 East Durant project to retain the large spruce tree which is located in the northwest corner of the property. As the attached architectural plans illustrate, free market Unit D has been reconfigured so as to avoid the tree. The proposed reconfiguration, however, will require PUD approval to vary a portion of the project's west side yard setback from approximately seven (7) feet to zero feet. No other variation of the dimensional requirements of the property's underlying zone district will be required to accommodate the revised design. The changes to Unit D have also necessitated revisions to affordable housing Units 2 and 4, and to the project's parking layout. The project's original affordable housing component consisted of three (3), one (1) bedroom units and one (1), two (2) bedroom unit. One of the one (1) bedroom units must be reconfigured as a studio unit to accommodate the requested changes to free market Unit D. The project's revised affordable housing component, however, continues to comply with all provisions of the City's "Resident Multi -Family Housing Replacement Program", as required in Section 18-3.3 of the Land Use Regulations. The project's original and revised affordable housing component is summarized in Table 1, below. Table 1 Housing Replacement Program Data 1. Existing Multi -Family Structure Dwelling Units Original Revised 6 6 230 East Hopkins Avenue • Aspen, Colorado 81611 •303/925-6958 - Fax 3031920-9310 Ms. Mary Lackner November 7, 1994 Page 2 Bedrooms 10 10 Net Residential Area (Sq. Ft.)' 3,925 3,925 2. Proposed Demolition Dwelling Units 6 6 Bedrooms 10 10 Net Residential Area (Sq. Ft.) 3,925 3,925 3. Proposed Replacement Housing Dwelling Units 4 4 Bedrooms 5 5 Net Residential Area (Sq. Ft.) 2,650 2,450 Unit 1 850 600 Unit 2 600 850 Unit 3 600 600 Unit 4 600 400 4. Proposed Income and Price Categories Unit 1 Category #2 Category #2 Unit 2 Category #1 Category #2 Unit 3 Category #2 Category #2 Unit 4 Category #2 Category #1 See Existing Net Residential Area Computation, Exhibit 1, Appendix B, in original application. As Table 1 indicates, the net residential area of the replacement housing exceeds fifty (50) percent of the net residential area to be demolished. In addition, the replace- ment housing has been configured such that fifty (50) percent of the bedrooms which are proposed to be demolished are replaces, and fifty (50) percent of the replacement units are located above natural grade. Finally, the studio unit will be deed restricted to APCHA's Category #1, low income guidelines, which meets the Program's minimum twenty (20) percent requirement. The remaining three (3) units will be deed restricted to Category #2. Parking for the project's four (4), three (3) bedroom free market units will remain unchanged. Eight (8) parking spaces will be provided in the enclosed garages to be located on the lower level of each free market unit. Eight (8) additional spaces will be located on the units' garage aprons. As only twelve (12) spaces are required by Ms. Mary Lackner November 7, 1994 Page 3 the Regulations, the proposed free market parking exceeds the minimum requirement by four (4) spaces. The parking layout for the affordable housing units must be revised to accommodate the preservation of the spruce tree. As the accompanying site plan illustrates, three (3) parking spaces are presently proposed for the four (4) affordable housing units. As the off-street parking requirement for affordable housing units is established by Special Review, the Planning and Zoning Commission may approve the revised parking plan. The P&Z must also grant special review approval to the Applicant's revised parking layout as required pursuant to Ordinance No. 50-94, which was adopted at second reading on October 11, 1994. Please note that the revised parking layout continues to incorporate a minimum one (1) planter per three (3) parking spaces. The proposed side yard variance may be approved by the City Council pursuant to Section 7-903.13.4. of the Regulations. Section 7-903.C.3. permits the consolidation of conceptual and final PUD development plan review subject to the approval of the Planning Director. As the variance in question is both minor in nature and limited in scope, consolidation of the PUD review process would appear appropriate in this case. In addition, the City Council has previously indicated its willingness to grant such a variance in order to save the tree. The property, I believe, must also be designated PUD, and a PUD agreement must be prepared in connection with the previously required subdivision agreement. Should you have any questions, or if I can be of any further assistance, please do not hesitate to call. Yours truly, ASSOCIATES ' Enclosures clbusk9ty.ItrV tr24794.m14 ►iD EASr@l Q1L7[ADO Oin MO MIDDLE LEVEL PLAN N OOTIIE ;CAI. YAAR� . LTD m �o�mun Ma+c xa�aer ---TfC/I�1G — UNIT D up �� m 0 a • 0 Exhibit B Review Criteria GMQS Exemptions for Multi -family Replacement (Section 18-3.3) (a) Minimum replacement requirement. In the event of the demolition of resident multi -family housing, the owner shall be required to construct replacement housing consisting of no less than fifty (50) percent of the square footage of net residential area demolished or converted. The replacement housing shall be configured in such a way as to replace fifty (50) percent of the bedrooms that are lost as working resident housing by demolition. A minimum of fifty (50) percent of the replacement housing shall be above natural grade. The replacement housing shall be deed restricted as affordable housing in accordance with the requirements of Article IV, below. Response: The existing multi -family structure, which is proposed to be demolished, is 3,925 sq.ft. of net residential area. The proposed replacement net residential area is 2,450 sq.ft. This represents a 62% replacement which exceeds the 50% requirement of this standard. The structure that is slated to be demolished contains nine bedrooms, and the replacement affordable housing units will include five bedrooms. This exceeds the requirement that 50% of the bedrooms shall be replaced. Although the existing units are above grade, this provision permits 50% of the replacement units to be below natural grade. Of the four replacement units, two will be above grade and two will be at a garden level partially below grade. Fifty-nine percent of the replacement square footage and 50% of the units are located partially below grade. Floor plans are included in Exhibit "A". (b) Location of replacement housing. Multi -family replacement units shall be developed on the same site on which demolition has occurred..... Response: The proposed replacement units are being developed on the same site that the existing units are located. (c) Timing and quality of replacement unit. Replacement units shall be available for occupancy at the same time as the new unit or units, regardless of whether the replacement units are built on -site or off -site, and shall contain fixtures, finish and amenities required by the housing designee's guidelines. Response: The application does not address the timing of occupancy for the affordable housing units, however because of the integrated nature of the affordable units within the townhome complex it appears that they will be available for occupancy at the time of the free market units. The applicant will need to obtain approval from the Housing Office as to the quality of fixtures, finish, and • • amenities of the affordable housing units, prior to the issuance of any building permits for the project. Article IV. Rental and Resale Restrictions Replacement units shall be subject to deed restriction in a form and substance acceptable to the city council. Such deed restricted units may only be rented or sold to tenants or buyers who meet the city's qualifications in effect at the time of sale or rental, and at sale prices or rental rates which are also in compliance with the city's current regulations. The owner shall be entitled to select tenants or purchasers subject to the aforementioned qualifications. The mix of affordable housing units, as between low, moderate, and middle income, or resident occupied, may be determined by the owner, provided no less than twenty (20) percent of the bedrooms qualify as low income and no more than twenty (20) percent of the units are available as resident occupied units. Response: The applicant will need to meet the deed restriction requirements for the occupancy of the affordable housing units. The redeveloped affordable housing units will contain 20% low income bedrooms and 80% low/moderate income units. This unit mix exceeds the minimum requirements of the Code. In summary, the applicant is proposing the following units to be deed restricted: Unit 1 Category #2 (2 bdrm, 850 net livable sq. ft. ) Unit 2 Category #2 (1 bdrm, 600 net livable sq. ft. ) Unit 3 Category #2 (1 bdrm, 600 net livable sq.ft.) Unit 4 Category #1 (studio, 400 net livable sq.ft.) 2 subdivision (24-7-1004) The Aspen Municipal Code requires that all division of land and the development of multi -family units on a single parcel of land be subject to the Subdivision regulations. The applicant will be seeking condominimization approvals once the townhomes are under construction. Although the applicant has not decided on how the condominization will finally be structured, it is anticipated that the four free market units will each be condominimized with an affordable housing unit. Therefore, future purchasers will buy a free market unit and a fully deed restriction unit, which have mandatory occupancy, income, and rental restrictions. Then the owners of the free market unit will select a renter for the affordable housing unit. This is further discussed in the current issues section of the memorandum. Section 24-7-1004.0 sets the following review standards for subdivision applications: 1.a. The proposed subdivision shall be consistent with the Aspen Area Comprehensive Plan. Response: The only reference the Aspen Area Community Plan (AACP) makes to this property is the Open Space/Recreation and Environment Action Plan. This plan identifies East Durant as a primary pedestrian commuter route. The applicant has committed to install sidewalks on E. Durant and Aspen Street in front of this project. l.b. The proposed subdivision shall be consistent with the character of existing land uses in this area. Response: The surrounding parcels on Durant and Aspen Streets are also zoned L/TR (Lodge/Tourist Residential) with similar densities in residential and lodge buildings. The proposed subdivision is consistent with the character of existing surrounding land uses. 1.c. The proposed subdivision shall not adversely affect the future development of surrounding areas. Response: In the immediate vicinity of this project there is a mix of residences and lodges from various time periods and in varying physical conditions. As with this project, there will probably be some other properties that will be redeveloped over the next several years. Staff does not see this request as posing any adverse affects on future development of surrounding properties. l.d. The proposed subdivision shall be in compliance with all applicable requirements of this chapter. Response: All development associated with this project will be required to comply with the requirements of the L/TR zone district 3 and relevant provisions of the Aspen Land Use Regulations. The applicant is also seeking a PUD variance, for the western side yard setback, to accommodate the preservation of the 65' spruce tree on site. 2.a. The proposed subdivision shall not be located on land unsuitable for development because of flooding, drainage, rock or soil creep, mudflow, rockslide, avalanche or snowslide, steep topography or any other natural hazard or other condition that will be harmful to the health, safety, or welfare of the residents in the proposed subdivision. Response: None of these natural hazards will affect the proposed development. 2.b. The proposed subdivision shall not be designed to create spatial patterns that cause inefficiencies, duplication or premature extension of public facilities and unnecessary public costs. Response: Since this project is a redevelopment of an existing building, no inefficient spatial patterns, premature extension of public facilities or unnecessary public costs will be created by the proposed development. The primary infrastructure to serve development in the East Durant area is already in place. However, the applicant is required to pay for some sanitary upgrades as indicated by the ACSD letter. The applicant will need to submit a Final Plat and Subdivision/PUD Agreement within 180 days of City Council review, if the project is approved. n Planned Unit Development (Section 24-7-901) Although the Land Use Code permits PUD rezoning on parcels greater than 27,000 sq.ft., City Council has required that this project come through the PUD process in order to save the tree. PUD's can also be initiated by the Planning and Zoning Commission or City Council. The applicant has requested one variance through the PUD process. This is to vary the western side yard setback from the required five feet to zero feet. A copy of the revised site plan and building footprint have been included in the packet to illustrate the request. The Planning Office believes this request qualifies as a minor request in the scope of the entire project and recommends that City Council approve the consolidated conceptual and Final PUD development plan review process as described in Section 24-7- 903(C)(3) of the Aspen Municipal Code. 5 Exhibit, C Aspen Covlsolldated Saviltation (istrict 565 North Mill Street Aspen, Colorado 81611 Tele. (303) 925-3601 Sy Belly - Chairman Albert Bishop - Treas. Louis Popish - Secy. June 6, 1994 Mary Lachner Planning Office 130 S. Galena Aspen, CO 81611 Re: 204 E. Durant GMQS Exemption Dear Mary: FAX #(303) 925-2537 Michael Kelly Frank Loushin Bruce Matherly, Mgr. The Aspen Consolidated Sanitation District currently has sufficient treatment capacity to serve this proposed development. There are downstream constraints in the area of First street that the District will need to alleviate. The improvements needed downstream will be funded through development impact fees, which will be in addition to our normal total connection charges. Service is contingent upon compliance with the District's Rules Regulations and Specifications which are on file at the District office. The total costs of connection can be estimated once detailed plans are available and a tap permit is completed. Please call if you have any questions. Sincerely, Bruce Mather 1 y :J District Manager EPA AWARDS OF EXCELLENCE 1976 - 1986 - 1990 REGIONAL AND NATIONAL • • Exhibit D Memorandum To: Mary Lackner, Planning Office From: Cris Caruso, City Engineer OcC Date: June 16, 1994 RE: 204 East Durant GMQS Exemption, Subdivision, and Text Amendment Upon review of the above referenced application and site inspection, the Engineering Department has the following comments: Parking: The on -site parking spaces appear adequate in number and function if "stacking" is permitted. Confirm condition with the Zoning Department. The parking spaces may not extend into the public right-of-way. Site Drainage: The applicant is advised that storm run-off from the property or structures thereof must be kept on the applicant's property and may not be drained to the alley or adjacent streets. Trash Storage: The final development plan must indicate a trash storage area which may not be placed in the public right-of-way and should be indicated as a "trash and recycle" area. Any trash and recycle areas that include utility meters or equipment must provide that these remain unblocked by trash or recycle containers. Vegetation: It is preferred that vegetation and trees be preserved by the applicant. Bushes located in the right-of-way along Durant Avenue could be saved even with construction of the sidewalk. The site plan submitted indicates that a seventy feet tall spruce tree is to be removed as part of the development. Measures should be taken to avoid destroying this historic tree. A permit is required to remove any tree over six inches in diameter. The property owner is responsible for landscaping any right-of-way area which is disturbed by construction and maintenance of the right-of-way area adjacent to the property. Right-of-way work must be approved by the appropriate agencies. Encroachments: The encroaching fences and shed must be removed per the development site plan. Any new structures must be placed within property limits. Any new utility equipment must be placed within property limits. Sidewalks, Curbs & Gutters: Per Section 19-98, a certificate of occupancy shall not be issued until sidewalks have been constructed. An existing sunken section of curb and gutter along the south property line, which may be above a water service, must be repaired per Section 19-103. Prior to commencing work within the public right-of-way, the applicant shall consult the City Engineering Department (920-8040) for design considerations, City Parks Department (920- 5120) for vegetation alterations including tree removal on private property, and shall obtain permits from the City Streets Department (920-5130) for any work or development within public rights -of -way. 94004sub.ref • 0 Exhibit E MEMORANDUM TO: Mary Lackner, Planning Office FROM: Cindy Christensen, Housing Office DATE: June 17, 1994 RE: 204 East Durant GMQS Exemption, Subdivision and Text Amendment Parcel ID No. 2735-131-05-002 ISSUE: The applicant is requesting an exemption from the City's growth management quota system (GMQS) for the reconstruction of four multi -family dwelling units, located at 204 East Durant Avenue. A GMQS exemption for the provision of four cn-site, affordable housing units is also be requested. I will be addressing this issue. BACKGROUND: The applicant is proposing to provide four on -site affordable housing units on the project's middle and lower levels. The project's lower level will contain one 600 square foot, one bedroom unit and one 850 square foot, two bedroom unit. The middle level will contain two 600 square foot, one bedroom units. The specific requirements of the Resident Multi -Family Housing Replacement Program are as follows: 1. A minimum of 50% of the net residential area demolished must be replaced as deed restricted affordable housing. 2. The replacement housing must be configured in such a manner as to replace 50% of the bedrooms which are lost through demolition. 3. A minimum of 50% of the replacement housing must be above natural grade. 4. The replacement housing must be developed on the same site on which the demolition occurred unless it can be demonstrated •that the replacement of the units on -site would be incompatible with adopted neighborhood plans or existing site constraints. 5. The income and price categories of the replacement housing units may be determined by the applicant provided, however, that a minimum of 20% of the bedrooms are deed restricted to low income guidelines and no more than 20% of the units are restricted to resident. RECOMMENDATION: The Housing Office recommends approval of this request as the applicant is proposed to provide the following: 1. 3,925 square feet is being demolished and being replaced by 2,650, over the requirement to be replaced. 2. 50% of the bedrooms must be replaced. Ten bedrooms are being demolished and five bedrooms are being replaced. 3. 50% of the replacement housing must be above grade. Although not quite 50% of the replacement is above grade, the other units are partially above grade. 4. The replacement housing is being developed on the same site. 5. The applicant is proposing one Resident Occupied category unit, one Category 1 unit and two Category 2 units. This breakdown is in line with the requirement. If approved, the Housing Office would require the applicant sign and record Deed Restrictions for each unit,-, restricting the units as Resident Occupied for Unit 1, Category 1 for Unit 2 and Category 2 for Units 3 and 4. The Housing Office will provide the deed restrictions for recording to the applicant. The Housing Office must have the recorded book and page number prior to building permit approval. \word\referra1\204EDUR.EM 2 Exhibit F MEMORANDUM TO: MARY LACKNER, ASPEN/PITKIN PLANING OFFICE FROM: PHEL OVEREYNDER, WATER DIRECTOR SUBJECT: 204 EAST DURANT GMQS EXEMPTION DATE: JUNE 27, 1994 Thank you for the opportunity to review the above referenced application. The Aspen Water Department has the following comments. The proposed project is located within the Aspen City limits and will be served by the Aspen Water Department pursuant to adopted City Water Policy. There is sufficient water capacity to serve expected development within the City. The application states (page 22) that water service will be through a connection to either a 6-inch or 20-inch water main located in the Durant Avenue right-of-way. The 6-inch main in Durant Avenue is a redundant facility which only provides service on a dead end portion of the line. The Water Department recommends that service be provided by connection to the 20-inch water main. It is further recommended that the 6-inch cast iron water main be abandoned on the subject block of Durant Avenue, and that existing water connections on this block be relocated to the 20-inch line in order to provide reliable water service to the area and eliminate existing redundant facilities which increase the risk of failure of the water distribution system adjacent to the project. The project should be conditioned to pay its proportionate share of the costs of abandonment. It is recommended that the project engineer contact the Customer Service Department at 920- 5031 to review the proposed plans to establish the amount of the utility connection charges and to review detailed plans to provide water metering service, including water metering of the proposed units. cc: Larry Ballenger Kris Everhart PO: rl /phWdunnt.gmgs Exhibit G MEMORANDUM TO: Mary Lackner FROM: Bill Drueding RE: 204 E. Durant GMQS Exemption DATE: June 29, 1994 1. A tree removal permit and a landscape plan will be required. 2. The applicant shall furnish an open space plan indicating the areas counted per the "Open Space" definition in Section 3- 101. 3. The applicant shall provide a parking plan. 4. Height shall be calculated per the "Height" definition in Section 3-101. 5. Stairs over 30 inches are not permitted in setbacks [Section 3-101, Yards (A)(5)]. The renderings provided are conceptual. Detailed drawings shall address the issues noted above. Exhibit H MEMORANDUM TO: Mary Lackner, Planning Office FROM: George Robinson, Parks Director� DATE: June 30, 1994 RE: 204 E. Durant GMQS Exemption, Subdivision & Text Amendment The Parks Department has concerns related to three issues: the spruce tree on Durant Street to be relocated, the spruce tree on Aspen Street to be removed, and sidewalks. 1) The 8" diameter spruce tree, which is approximately 22' in height, that is proposed to be relocated on site must survive for at least 2 years after it is transplanted or be replaced with equal value. 2) The 22" diameter spruce tree, which is approximately 65' in height, is a significant mature tree that needs to be saved at all costs. Consider redesigning the building to accommodate the health and safety of the tree's survival. No construction should occur within the dripline of the tree. If this is not possible, the only alternative would be to relocate the tree off -site at the owner's expense and donate to the City of Aspen Parks Department or the Golf Course. Location of site to be determined by the City of Aspen. This requires that the tree survive at least two years after it is moved or be replaced with equal value. 3) Sidewalks need to comply with the City of Aspen guidelines from the adopted 1990 Pedestrian Walkway and Bikeway System Plan. Major issues are: a) concrete surface, and b) at least 5 feet in width with no obstacles within this width. (SERIES OF 1994) AN ORDINANCE OF'n1E CnY OF ASPEN GRANT- M GM()S EXE2.4'TTON FOR TIIE CONST-R-RUC7K)N OF FOUR AFTIORDABI E HOUSING UNM AND FOUR FREE MARKET DWELLING UNITS UNDER THE MULTIFAMILY HOUSING REPLACEMENT PRO- GRAM, SURDIVISION APPROVAL AND VESTED RIGHTS FT)R A PFRKJD OF TIiREE YEARS R)R TIIE 204 EAST DI RANT PROJECT WI11C11 IS I OCARD Wfn11N BLOCK 77. LOTS R. 1. M. N, AND O, CITY AND TOW NSr1E OF ASPEN WHEREAS, pursuant to Chapter 18.3.3 of the Aspen Municipal Code, an applicant may recon- struct a mulli-famnhy, housing project If the project meets the criteria of tills provision of the Aspen Municipal Code; and WHEREAS, pursuant to Section 24.7-IMI(C) of the Aspen Municipal Cude. City Camcd grants finial sub- division approval: ai nd WHEREAS, pursuant to Section 24-&207 of the Aspect Municipal Code, City Council may grant vest- .9 of development rights for a site specific develop- ment plan ltr a period of three years from die date of final development plan approval and WHEREAS, St' 1 Aspen limited (lability Company, c/o Doug Allen, (IApollcant', as represented by Sonny Vain, subn utid all ippil"nou to the I'lan- ring Oflf a requesting constritcuon of eight dwelling units under the resident multi -family housing replacement program, subdivision, vested rights. and a text amendment to allow parking on garage aprons in midillatmly prujmts. and WIIFM-kS, the 41 Fast Ile rant project Is located within the UM zone district and meets the dimen- siunal requirements of this zone district; and WIIFRFAS. the Planning and Zoning Commission constteretl the applicant's request at a public hear- ing on July 5th and August 2, 199-1. at which time they recommendtxl approval to City Council for the replacement housing project and the text annend- ment. ]Tile Commission also granted Special Review approval for parking for the affordable dwelling wilts. Tlx Commission also granted Special Review approval for apron {wiring hued on the proposed tut amendment, should City Council approve the proposed text amendment. Tile Commission's con- ditions are detailed in Resolution 44- , and WHERE- AS, the Commission voted 7-0 to recommend approval to City Council fur die replacement hots Ing project and subdivision, and voted 8O to recom- mend approval for the lul amendment. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CI"1'Y OF ASPEN, COI: OR,ux): Section I: pursuant to Section 247-1061(C) of llte Municipati Cale, City Cuncil does hereby grant [lie applicant Subdivision approval subject to the follow- Ing conditions: 1. The replacement affordable housing units shall be idly reed restricted as follows: Unit I Category 02 (2 bclrin, 8.50 nel livable sq. ft.) Unit 2 Category 01 (1 Ixlrm. 600 net livable sq. ff ) Unit 3 Category 02 (1 bilon, 6W net livable sq. h.) Unt 4 Category 02 (1 bdnn, 600 net livable sq. f.) 2 The applicant wog need to obtain approval from the Haling office as to the quality of fkxtures, finish, and amenities of the aflordable housing units, prior to the issuance of any building permits for the pro- 3. City Council must approve the applicant's method of haaing mitigation. issues regarding sale, ownership, and subdivision of the affordable hots Ing replacement units most be submitted for review and approval by City Council, prior to second read lug. 4. Prior to Issuance of any building permits. the applicant shall record the deed restrictions for the affordable housing units and forward a copy to the Planning Office. 5. As recommended by the Aspen Fire Protection District, the applicant stall have a residential sprlrt- kder and alarm system installed In the proposed structure. These systems shall be identified on the building plans. 6. As recommended by the City Engineer In his memo dated Jute I6, 199.1 the applicant shall: a. provide a drainage plan which shall be approved by the City Engineer, prior to Issuance of a building permit. b. submit a parldng plant, prior to the essuance of a building pemhlt, which illustrates the size and loca- lbn of all parking spaces and planter. c. submit a site plan which shows a trash and recycle area, utility meters, and other equipment, prior to the issuance of a building permit. d. consult Lite City Fngineenng Department (920- 5080) for design eonskferations. City Parks Depart- ment (92GS120) for vegetation alterations including tree removal, and shall obtain permits from the City Streets Department (9245130) for any work or development within public rights -of way, prior to Commencing any of tills work 7. the Zoning Fndorcement Officer Identified [he following items that shall be submitted prior to issuance of a building pemh4: 0 Exhibit Public Notice 1" The Aspen Times • .Sulurda)•Sundav, .September 1 i-LR, i994 a. an ottent space plan Indicating the areas count - ell per the -Opsenl Space' lellnilkm In Section )t3. 101. b. height information it acconlance with Section 24-3-101 of the I and Use Reguiallau. 8. In order to be In cmnpllance with the recom- mendations of lite Water 0epanment. the applicant shall: a. connect to the 20,inch water main in Durant Avenue and this shall be venfled during lite bolding inspection process. b. pay its proportionate share of the costs assocF ated with the abandonment of rile existing bunch water line it Durant Avenue. c contact the Customer Service Department (920- 5031) to review the proposed plans to establish the amount of the utility connection charges and to review detailed plans to provide water service, Including water melennq of the proposed wilts. 9. A stdewalk. curb and gutter shall be installed along E. Durant and Aspen Street, prior to issuance of any Certificates of Occupancy for the project. This sidewalk shall be a concrete surface, at least five le -et wkle and no obstacles within this width. 10. The applicant shall submit a Final Plat and Subdivision Agreement within 180 days of City Council review, kor review and approvai by the City Attorney, City Engineer, and PLuving Office. 11. The Parks Department has submitted the fo4 [owing conditions of approval with regards to this applkatlori: a The 8" diameter spruce tree, which is approxi. mately 2Z in height, that Is proposed to be relocat- ed on site must survive for at least 2 years after it is transplanted or be replaced with equal value. The appl cannt must apply for and receive a tree removal permit prior to any disturbance of tills tree. b. The 2" diameter spruce tree, wiled Is approld, mately 65' In height, is a significant mature tree that needs to be saved at ail costs. The applicant shall redesign the building to accommodate the health and safety of the trees survival, prior to second reading. c. Ali landscaping shall be reviewed and approved by the Parks Department, prior to the issuance of any building permits. 12, All matenal representations macle by the app1E cant In the application and public meetings shail be adhered to and considered corklitions of approval, unless otherwise amended by other conditions. 13. Prior to die Issuance of a building permit, the applicant shall submit a landscaping plan that pro vides visual relief of the parking spaces to be reviewed and approved by the Parks Department aril Planning Office. I+ All garage aprons shall be snow melted. The Subdivision Agreement shall Indicate that snow melted driveways are a common elernent of the free- market uses for the purposes of utility payments and maintenance. 15 The applicant shall redesign the entry Into the affordable housing units so that there Is a gabled roof that does not shed snow onto the entryway. This shall be completed prior to issuance of any building permits. Section 2: Pursuant to the concurrent text amend ment revising Section 21k7-101 (a) -Off-street park- Ing requirements" of the Municipal Code, should Council approve (he text amendment In Ordinance —, the applicant shall comply with the lullowing condiliom I. Prior to tie issuance of a building pemil, [tie applicant sh Gil subluit a laud,aping pd,ul that Inf- vides visual rell"! it Ihr• p.-.rking spaces lu be !curie I mill .ggrt vrd try the I'm lea Iw•µviu,enl and Plannlint4.)like .V Section 3: Pursuant to Section 24 G207 of the Municipal Code. City Cowki does hereby grant the applicant vested rights for the 2O1 East Iltvann Sub division site spicclllc deveMpmeut plan ,as follows: 1. ilie rights y�amed by the site specific devet p. men( plan approved by this Ordinance shall reinam vested her three (3) years from the date of final adoption specilied below. However, any failure to able by the lenns anti conditions attendant to (his approval shall result in forfeiture of said vested property rights. Failure to timely and property record all plats and agreements as slWilietf herein or in the Municipal Cade shall also result in the for. feature of said vested rights. 2 The approval granted hereby shall he subject to all rights of referendum and judicial review. 3 Nothing in the approvals provkled by tills Ordl- nance shall exempt the site specific development plan from subsequent reviews and/or approvals requued by this Ordinance or the general ndes, reg- ulations or ordinances of the City provided that such reviews or approvals are not Inconsistent with the approval granted and vested herein. 4 Me establishment herein of a vested property right shall not preclude the application of ordi- nances or retanimions which are general in nature and are applicable to all properties sublect to land use regulation by the City of Aspen, including but not limited to, building, lire, plumbing, electrical and mechanical calks. In this regard, as a condition ill this site development approval. the developer shall abide by any and all stkh budding, fire, plumbing, electrical and mechanical codes, ullltss ail exenq- lion therefrom is granted In writing. Section 4: The City Clerk shall cause notice of this Ordinance to be published In a newspaper of gener- al circulation within Lite City of Aspen, no later than fourteen (11) days following final adoption hereof. Such notice shall be given In the following fours: Notice Is hereby 61ven In the general public of the approval of a site specific development plait, and the creation of a vested property right pursuant to Title 24. Article 68, Colomdo Revised Statutes, per- taining to the following described property The property shall be described in the notice and appenxle t to said notice. Section 5. A public hearing on the Ordinance shall be hell on the I I day of Oct., 1994 at 5.00 P M. in the City Council Chambers, Aspen City Hall, Aspen, Col- orado. Flheen (I5) days prior to the hearing a public notice of the hearing shall be published in a newspa. per of general circulation within the City of Aspen. PnRODOCED. READ AND ORDERED PUIII LSIIED as provided by law, by the City Council of the City of Aspen on the 12 clay of Sept.. 1994. John Bennett, Mayor ATTEST: Kathryn S Koch, City Clerk FINALLY, adopted, passed and approved this — day of —. 1991 John Bennett, Mayor ATTEST: Kathryn S. Koch, City Clerk Published In The Aspen Times on September 16. 1994. • 'ORDINANCE NO t.+.; (SERIFS OF 1994) ' -• AN ORbMANCE OF THE CITY OF ASPEN GRANTING A PLANNED UNIT DEVELOPMENT OVERLAY.AND A'PLANNED UNIT DEVELOP- MENT APPROVAL TO REDUCE THE WESTERN SIDE YARD TO. ZERO IN ORDER TO SAVE A 65 FOOT HEALTHY. SPRUCE TREE AS PART OF THE 204 EAST DURANT PROJECT WHICH IS .LOCATED WI FFBN BLOCK.77. LOT 8 K L, M, N. AND 0, CITY AND TOWNSI7E OF ASPEN WIIEREAS.JSGA Aspen Limited Lability Corn - IN Y. C/O D94 Allen. ("Applicant ),.as repre- sented by.SnnnyJVann; submitted an applica- - tlort to the Planning"OfOce rg,questing construc- . lion of eight dwelling units under the resident multi -family housing replacement program, subdivision, vested rights, and a text amend- ;megt,to,AII0,w.,parking,pn garage aprons, In ,*glu4amlfy.PI4JeGtrPodx: '•.. .. �, :. WHEREAS, the 204 •Eisi i)urarit-project is `. located.wlthirr tht T1i'R lope district; and . �:• y:. "•c;WHERE.AS; the�proJect was -considered at a ��ppllttbblic Eearlggb�Jare Ctb CctntsJl wt Qctober 1y94 '. .�1, fit Whlplr;tlme ;opnCll"_dfr_ected the applicant to find an ilternatirre deslan. that t."d preservp.Ebg1ftq,agruce tree on.the , ttorthwestern portloo of the and r parcel, WHEREAS, pursuant to Chapter.24-7-902 of Including, but not limited to, building, fire. plumbing, electrical and mechanical codes. In the Aspen Municipal Code, the City may require an Applicant to come In through the Planned this regard, as a condition of this site develop. Unit Development (PUD) process: and ment approval, the developer shall abide by any and all such building, lire, plumbing, elec. WHEREAS, the Applicant submitted an amended application which preserves the trical and mechanical codes,'unless an'eitemp- spruce tree, however, this requires a reduction Lion therefrom is granted In writing. Section 3: In the required parking by one apace and a side yard setback valance on the western lot line; Thls Ordinance shall not effect any existing and litigation and shall not operate As an abatement WHEREAS, the amended application was con- sldered at a public hearing on November 22, of any action or proceeding now pending under or by virtue of the ordinances repealed or 1994 by the Planning and Zoning Commission at which time the`Commisslon granted Special Amended as herein'provided, and the same shall be conducted.and cogcluded under such .Review to:permlt,three parking spaces for the prior ordinances + Section 4:' .. +u`, > J'c •Y Y lour affordable dwelling units and recommend ed approval of the PUD Overlay and PUD varl- U any sectlon; subsectlonr sentence clause, ante to City Council by a _ _ vote• NOW, THEREFORE, BE I7•-ORDAINED BY THE phrase, or port of this Ordinance Is for any reason held Invalld� or unconstitutional In a t:ITY 000NCILOF THE CITY court of competmt'Jurladlctlon; such portion OF ASPEN, COLORADO• shall be deemed separate; distinct and Inde- Sectlon .1 •,Pursuant to i-110. pq.7403 0l; the pendent provision and. shall not affect the valid Municipal Code City -Council does hereby grant the applicant uy of the reptatninorUom g pthereof t _: ^Se5tlon5; Planned Unit The City Cleric shall cause notice of this Ordl- . I Development approval subject to the follow- I. nonce to be published In a newspaper of tener- Ag canJlltlons: '. _ .. ; : al circulations within the City of Aspen no later 1. The Subdivision/PUD Agreement shall than fourteen (14)-days following final adoption ►nclude language to permit the affordable hour,;- .hereof, Such notice shall be given !n the follow - Ing unit that does, not have a designated park-. Ing space to park on the apron of Its associated form, r.:�:_....._ ;g ` ` " "` ' " `. -•' Notice Is hereby given to the general public of free market unit. the approval of a site specific development 2. Trees which will be retained must be pro- plan, and the creation of a vested property tented prior to any demolition, grading, excava- tlon or material storage by the placement of right pursuant to Title 24, Article 68, Colorado Revised Statutes, pertaining to the following barricade fences around the dripllnes of the described property: trees. The property shall be described In the notice 3. All material representations made by the and appended to said notice Shan be the ordl- applicant in the application and public meet- nancegrantingsuchapproval: Ings shall be adhered to and considered condl- tions of approval, unless otherwise amended by Section 6:' . „- -: •- . ; That the City Cleik Is directed, upon the other conditions. -adoption of this ordinance, to record a copy of Section 2: Pursuant to Section 24-&207 of the this ordinance In the office of the Pltldn County Municipal Code, the City Council does hereby Clerk and Recorder, grant the applicant vested rights for the 204 Section 7: The City Clerk shall cause notice of Fast Durant PUD/subdlvision as follows: this Ordinance to be published In a newspaper 1. The rights granted by the site specific of general circulation within the City of Aspen, development plan approved by this Ordinance no later than fourteen (14) days following final shall remain vested for three (3) years from the adoption hereof. Such notice shall be given In date cl final adoption specified below. Howev- the following form: er, any failure to abide by the terns and condl- Notice Is hereby given to the general public of dons attendant to this approval shall result In the approval of a site specific development forfeiture of, said vested property rights. Failure plan, and the creation of a vested property to timely,and properly record all plats and right pursuant to Title 24, Article 68,.Colorado agreements as specified herelkand or-In.the Revised Statutes, pertaining to the following Municipal Code shall also result to the torlel- described property, cure of said vested rights. = I• 2r The approval granted hereby shall be'sub Th1e property shad be described In the notice - and appendedto sald'no<fce• ,: ' -,- : r Ject to.all rights of referendum and Judicial Section 8: A public hearing on the Ordinance ;soulewR �.-ti.: • ; x:,. ` Y - r ` ' shall be held on the 92 day of December, 1994 :3: Nothing,fn the approval{ pmvlded IA this5 Ordinance shall exempt the site spWfic devel-- at :00 P.MIn the City - Y Council, Chambers, ' Aspen City Hall, Aspen, Colorado. Flfteeh (15) opment plan from subsequent reviews and or days prior to the hearing a public notice of the approvals required by this Ordinance or the hearing shall be published In a newspaper of general rules, regulations or ordinances -or the general circulation within the City of Aspen. City provided that such reviews or approvals INTRODUCED, READ AND ORDERED PUB. Are not Inconsistent with the approvals granted; : as provided by law, by the City_Cotmcll and vested herein. "�� of the City. of As on the day of 1994,t . > 4, The establishment herein of a vested prop - r erty right shall not preclude the application of John Bennett, Mayor ordinances or regulations which are general in ATTEST: Kathryn S. Koch, City Clerk nature and are applicable to all property sub. Published In The Aspen Times on November )Oct to land use regulatlon by the City of Aspan.. •, 25, 1994. PUKKNOTICE jQ f3 +*`6? x RE 241 EAST WRAhrr STRfXT:0 D REVIE1V' AND AMENDMFM TO THE OF7•ICiAL'ZPNE DtS'a TR1CP MAP OF THE CrfY OF ASPEN:, `' - t NOTICE IS HEREBY GIVEN that:a publictear-' • - ng will be held on Monday, December12;1994 !! i 10 a meeting to begin at 5:00 p-ta.�Wore;the,'•. `Aspe,A n'City Council, Council Chain", Git� •!tall, 130 S. Galena St,spen. to consider:an' r: aPP�+tioo submitted S.GA;Aspenthoited,,�,,, LtabWtyCompany. go�otijW-P,--Xkw4,_22S ft -Mill St., Suite 210. As n'F place a PUD OverlayDent CO: one on the grope tieg to - _avary, the side yard set L>�Y "•side yard to zero feet and reduclog•thE-�fi required Wiring by'one spacetc.reaeswea.65 v= !Pruce It--Ori the site: The'pfoperty is ,' located at 204 I. Durant Avrnue Lora, K 4 M N and 0. Block 77, City and TownsIte otAspe,t `'s. For [rather Wornutlon contacttMary% At the Aspen/Piddn Planning p0ioe, 930 5; ' w St., Aspen, CO 92P5106 ." s/John Bennett; afayor . iPt+bY�shed in The Aspea Tlma an N Exhibit J CRegular Meeting Aspen City Council October 11, 1994 by the city attorney; seconded by Councilwoman Waggaman. Roll call vote; Councilmembers Waggaman, yes; Richards, yes; Paulson, yes; Mayor Bennett, yes. Motion carried. ORDINANCE #49, SERIES OF 1994 - 204 E. Durant GMQS Exemption & Subdivision Mary Lackner, planning office, told Council this project is demolition of a 6 unit multi -family building to be replaced with 4 free market and 4 deed restricted units. It is located at the corner of Durant and Aspen streets. The main issue is the 65 foot spruce tree the occupant must relocate to build this project. The applicants has not been able to redesign the project to accommodate the trees. Ms. Lackner said she has not received a tree relocation plan. Sunny Vann, representing the applicant, told Council there have.not been many applications under the housing replacement plan. This legislation allowed people a credit for demolishing existing structures exempt from growth management; however, there is a requirement to replace 50 percent of the square footage of the building demolished to provide 50 percent of the lost bedrooms and deed restricting units to low category. Vann said many older structures are non -conforming. When the building is torn down, there is not enough density or floor area on the lot to replace the free market portion of the portion. Vann told Council this project demolishes 3900 square feet, replaces it with 3000; replacing 50 percent or greater of the existing bedrooms on site. Of the 6 existing free market resi- dents, 4 will be reconstructed. There is not enough room on site with replace more than 4 free market residents and 4 affordable housing units. Vann said these units have been reviewed by the housing authority and meet the requirements for size. One unit is category 1, the other 3 are category 2. Vann pointed out there are 4 evergreens that are site constraints. Vann said they could not come up with a site design to meet the open space requirement of 35 percent, the parking requirements, as well and dimensional requirements. Vann said they will compensate the loss of this one large spruce tree by placing numerous other trees in the community. The applicants will also replace the street trees on Aspen and Durant. Vann said this project is trying to balance competing objectives; updating outmoded structures, complying with underlaying zone district requirements, and meeting the strenuous requirements of the housing replacement ordinance. Doug Graybeal, architect, told Council things that drove the design are parking requirements which require 21-1/2 feet on the inside, 5 Reaular Meetina Aspen Citv Council October 11, 1994 the placement of the 4 free market unit, and making the affordable housing units separate from the entrances of the other units. Graybeal said narrowing the affordable housing units would make them less livable and would not save the tree. Graybeal said there is a large building across Durant and they have moved this building as far back on the site as possible in order to maximize the sun. Mayor Bennett opened the public hearing. Elaine Bergette said Council should be concerned about displacing tenants. Ms. Bergette said this has been her home for almost 10 years and is being demolished. These trees are very beautiful trees and should not be torn down. Mayor Bennett closed the public hearing. Mayor Bennett asked how much flexibility the city has with respects to PUD and the dimensional requirements of the site. Ms. Lackner said all dimensional requirements and parking can be varied through a PUD. Vann said this project is 14,946 square feet on a 14,946 square foot lot, it will be 1:1, which is the underlying FAR in the LTR zone; of that, 3,000 square feet will be affordable housing. Councilwoman Richards asked if these affordable housing units will j be sold. Vann said in order to sell the units, they have to be condominiumized. The applicants plan to sell one affordable unit with each free market units. The purchasers of the free market units will either lease or sell the units under the terms of the housing guidelines. Vann said given the size of the units and their location within the parcel, they will probably be leased. The tenants will have to qualify with the guidelines; however, they will be chosen by the owners of the free market units. Councilwom- an Richards said she does not feel this fulfills the original purpose of Ordinance 1, replacement of affordable housing. Vann said the units could be leased by the condominium association rather than with the free market units, or they could be sold individually. Vann said the applicants would like to be able to provide the maximum flexibility Ms. Lackner said the housing replacement ordinance states the units be available for either lease or sale. Mayor Bennett agreed Ordinance #1 did not contem- plate these units being similar to accessory dwelling units. The way the applicants propose to market these with the free market units makes the free market units more valuable. Mayor Bennett said the intent of Ordinance #1 was to preserve the community. Mayor Bennett said he is not sure tearing down 6 affordable units and replacing these with 4 condominiums with attached housing quarters is preserving the community. L Reaular Meeting Aspen Citv Council October 11. 1994 Vann pointed out the community was losing housing and not getting anything in return. Ordinance 1 requires replacement of 50 percent of the units, which is replacing more than under GMQS. Ordinance 1 also requires that the units be deed restricted. Doug Allen noted there is no physical connection between the affordable housing units. These are one and two bedroom apartments that will be rented. Councilwoman Richards said these units should be sold or leased to qualified employees not sold to second home owners. Vann said that is acceptable. Vann said they will also give the right to return to anyone currently living there. Allen told Council the current rents range from $800 to $550. The proposed category 1 and 2 are slightly lower, $388 to $650. Mayor Bennett said what bothers him is people losing their homes. Amy Margerum, city manager, suggested changing the policy to insure that anybody displaced as a result of new development should be given priority at the housing office. Councilwoman Richards said there is concurrence on this point; the deed restricted units should not be sold to the free market owners. Councilwoman Richards suggested this be worked out in the deed restrictions. Mayor Bennett said he would also like to change the priority for tenants who are displaced by new development. Council agreed. Rebecca Baker, parks department, told Council staff is recommending C saving the 65 foot spruce tree because that particular tree is one of the most beautiful on the parcel and is also a healthy specimen. Ms. Baker said the tree is probably 100 years old and the life expectancy is another 100 years. Councilwoman Waggaman said Council just attended a design symposium where recommendations are to break up facades, put in fenestration, the need to keep trees and green spaces. Council and the applicant discussed siting of the 8 units and what could be done to save the spruce tree. Mayor Bennett said he wants the trees saved and is willing to change almost anything else to accomplish that. Councilwoman Waggaman agreed there ought to be a way to design this project around the trees. Council agreed the rest of the project is all right but the tree must be saved. Councilwoman Richards moved to table Ordinance #49, Series of 1994; seconded by Councilwoman Waggaman. All in favor, motion carried. ORDINANCE #51, SERIES OF 1994 - Bell Mountain Lodge GMQS Extension Stan Clauson, planning director, told Council this project received a GMQS allotment in 1992 for redevelopment and 22 lodge units. The applicants have requested a 14 month extension. Staff is recom- mending a 6 month extension to April 22, 1997. Alan Richman, representing the applicant, told Council this GMQS allotment was obtained by previous owners. The current owners bought the property in 1993; shortly after that, the city requested partici- W E MEMORANDUM TO: Mayor and Council THRU: Amy Margerum, City Manager THRU: Stan Clauso ?, Planning Director FROM: Mary Lackner, Planner 0Vllid RE: 204 E. Durant PUD Overlay Designation and PUD Review - First Reading of Ordinance & 5, Series 1994 DATE: November 28, 1994 SUMMARY: City Council considered the applicant's request for Multi -Family Housing Replacement and Subdivision on October 11, 1994, at which time Council directed the applicant to pursue a PUD overlay and PUD review process to save the 65 foot spruce tree. The applicant is seeking a west side yard PUD variance to zero feet for approximately 28' of the building to accommodate the preservation of the tree in its present location on site. The Planning and Zoning Commission considered the applicant's request on November 22, 1994 and recommend approval of the PUD request by a vote of 5-2. The Commission also approved the amendment to the Special Review for parking, reducing four on -site parking spaces to three spaces, and amending the Planning staff's conditions of approval. These are reflected in the memo and Ordinance. APPLICANT: SGA Aspen Limited Liability Company, c/o Doug Allen, represented by Vann Associates, Mr. Sunny Vann. LOCATION: 204 E. Durant, which is located within Block 77, Lots K, L, M, N and O, City and Townsite of Aspen. ZONING: L/TR - Lodge/Tourist Residential. APPLICANT'S REQUEST: The applicant is requesting to designate the parcel a PUD in order to obtain a side yard setback along the western property line to save the spruce tree. The applicant has received special review approval to reduce the parking for the affordable housing from 4 to 3 spaces and special review to amend the approved on -site parking plan. Please refer to the amended application letter and maps attached to this memo. REFERRAL COMMENTS: Parks Department: Comments from the Parks Department will be presented at the meeting. • 0 Zoning Office: Bill Drueding has stated that more information is needed to determine if the open space and height requirements of the zone district will be met. STAFF COMMENTS: Staff has reviewed the applicant's request pursuant to Section 24-7-901 Planned Unit Development. Planned Unit Development- Although the Land Use Code permits PUD rezoning on parcels greater than 27,000 sq.ft., City Council has required that this project come through the PUD process in order to save the tree. PUD's can also be initiated by the Planning and Zoning Commission or City Council. The applicant has requested one variance through the PUD process. This is to vary the western side yard setback from the required five feet to zero feet. A copy of the revised site plan and building footprint have been included in the packet to illustrate the request. The Planning Office believes this request qualifies as a minor request in the scope of the entire project and recommends that City Council approve the consolidated conceptual and Final PUD development plan review process as described in Section 24-7- 903(C)(3) of the Aspen Municipal Code. RECOMMENDATION: The Planning and Zoning Commission recommends approval of the applicant's request for a western side yard PUD variance to zero feet, subject to the following conditions: 1. The applicant shall work with the Engineering and Parks Departments during installation of the sidewalk and pruning of the trees. 2. Trees which will be retained must be protected prior to any demolition, grading, excavation or material storage by the placement of barricade fences around the driplines of the trees. 3. All material representations made by the applicant in the application and public meetings shall be adhered to and considered conditions of approval, unless otherwise amended by other conditions. RECOMMENDED MOTION: "I move to approval of the 204 E. Durant Subdivision PUD request to reduce the western side yard setback to zero feet, as represented in the applicants revised site plan, at first reading." Ordinance �5, Series 1994 Exhibits A. Supplemental Application Information cc.pud.204edur E ORDINANCE NO. 65 (SERIES OF 1994) AN ORDINANCE OF THE CITY OF ASPEN GRANTING A PLANNED UNIT DEVELOPMENT OVERLAY AND A PLANNED UNIT DEVELOPMENT APPROVAL TO REDUCE THE WESTERN SIDE YARD TO ZERO IN ORDER TO SAVE A 65 FOOT HEALTHY SPRUCE TREE AS PART OF THE 204 EAST DURANT PROJECT WHICH IS LOCATED WITHIN BLOCK 77, LOTS K, L, M, N, AND 0, CITY AND TOWNSITE OF ASPEN WHEREAS, SGA Aspen Limited Liability Company, c/o Doug Allen, ("Applicant"), as represented by Sunny Vann, submitted an application to the Planning Office requesting construction of eight dwelling units under the resident multi -family housing replacement program, subdivision, vested rights, and a text amendment to allow parking on garage aprons in multi -family projects; and WHEREAS, the 204 East Durant project is located within the L/TR zone district; and WHEREAS, the project was considered at a public hearing before City Council on October 11, 1994 at which time Council directed the applicant to find an alternative design that would preserve the large spruce tree on the northwestern portion of the parcel; and WHEREAS, pursuant to Chapter 24-7-902 of the Aspen Municipal Code, the City may require an Applicant to come in through the Planned Unit Development (PUD) process; and WHEREAS, the Applicant submitted a amended application which preserves the spruce tree, however, this requires a reduction in the required parking by one space and a side yard setback variance on the western lot line; and WHEREAS, the amended application was considered at a public • 0 hearing on November 22, 1994 by the Planning and Zoning Commission at which time the Commission granted Special Review to reduce the parking for the affordable housing units from four on -site parking to three spaces and amend the approved parking plan for the proposal, and recommended approval of the PUD Overlay and PUD variance to City Council by a 5-2 vote and amended the conditions of approval. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1: Pursuant to Section 24-7-903 of the Municipal Code, City Council does hereby grant the applicant a Planned Unit Development designation and the sideyard setback variation from five feet to zero feet for the western boundary as represented in the revised site plans subject to the following conditions: 1. The applicant shall work with the Engineering and Parks Department during installation of the sidewalk and pruning of the trees. 2. Trees which will be retained must be protected prior to any demolition, grading, excavation or material storage by the placement of barricade fences around the driplines of the trees. 3. All material representations made by the applicant in the application and public meetings shall be adhered to and considered conditions of approval, unless otherwise amended by other conditions. Section 2: Pursuant to Section 24-6-207 of the Municipal Code, the City Council does hereby grant the applicant vested rights for the 204 East Durant PUD/subdivision as follows: 1. The rights granted by the site specific development plan approved by this Ordinance shall remain vested for three (3) years from the date of final adoption specified below. 2 However, any failure to abide by the terms and conditions attendant to this approval shall result in forfeiture of said vested property rights. Failure to timely and properly record all plats and agreements as specified herein and or in the Municipal Code shall also result in the forfeiture of said vested rights. 2. The approval granted hereby shall be subject to all rights of referendum and judicial review. 3. Nothing in the approvals provided in this Ordinance shall exempt the site specific development plan from subsequent reviews and or approvals required by this Ordinance or the general rules, regulations or ordinances or the City provided that such reviews or approvals are not inconsistent with the approvals granted and vested herein. 4. The establishment herein of a vested property right shall not preclude the application of ordinances or regulations which are general in nature and are applicable to all property subject to land use regulation by the City of Aspen including, but not limited to, building, fire, plumbing, electrical and mechanical codes. In this regard, as a condition of this site development approval, the developer shall abide by any and all such building, fire, plumbing, electrical and mechanical codes, unless an exemption therefrom is granted in writing. Section 3• 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 conducted and concluded under such prior ordinances. Section 4: 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 5: The City Clerk shall cause notice of this Ordinance to be published in a newspaper of general circulations within the City of Aspen no later than fourteen (14) days following final adoption hereof. Such notice shall be given in the following form: Notice is hereby given to the general public of the approval of a site specific development plan, and the creation of a 3 L� • vested property right pursuant to Title 24, Article 68, Colorado Revised Statutes, pertaining to the following - described property: The property shall be described in the notice and appended to said notice shall be the ordinance granting such approval. Section 6: That the City Clerk is directed, upon the adoption of this ordinance, to record a copy of this ordinance in the office of the Pitkin County Clerk and Recorder. Section 7: The City Clerk shall cause notice of this Ordinance to be published in a newspaper of general circulation within the City of Aspen, no later than fourteen (14) days following final adoption hereof. Such notice shall be given in the following form: Notice is hereby given to the general public of the approval of a site specific development plan, and the creation of a vested property right pursuant to Title 24, Article 68, Colorado Revised Statutes, pertaining to the following described property: The property shall be described in the notice and appended to said notice. Section 8: A public hearing on the Ordinance shall be held on the day of 1994 at 5:00 P.M. in the City Council Chambers, Aspen City Hall, Aspen, Colorado. Fifteen (15) days prior to the hearing a public notice of the hearing 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 day of , 1994. 4 John Bennett, Mayor • • ATTEST: Kathryn S. Koch, City Clerk FINALLY, adopted, passed and approved this day of , 1994. John Bennett, Mayor ATTEST: Kathryn S. Koch, City Clerk ord.cc.pud.204edur • VANN ASSOCIATES Planning Consultants November 7, 1994 HAND DELIVERED Ms. Mary Lackner Aspen/Pitkin Planning Office 130 South Galena Street Aspen, Colorado 81611 Exhibit — - ----_— � - NOV ' g 1994 Re: 204 East Durant GMQS Exemption Application Dear Mary: At the City Council's urging, the Applicant has redesigned a portion of the 204 East Durant project to retain the large spruce tree which is located in the northwest corner of the property. As the attached architectural plans illustrate, free market Unit D has been reconfigured so as to avoid the tree. The proposed reconfiguration, however, will require PUD approval to vary a portion of the project's west side yard setback from approximately seven (7) feet to zero feet. No other variation of the dimensional requirements of the property's underlying zone district will be required to accommodate the revised design. The changes to Unit D have also necessitated revisions to affordable housing Units 2 and 4, and to the project's parking layout. The project's original affordable housing component consisted of three (3), one (1) bedroom units and one (1), two (2) bedroom unit. One of the one (1) bedroom units must be reconfigured as a studio unit to accommodate the requested changes to free market Unit D. The project's revised affordable housing component, however, continues to comply with all provisions of the City's "Resident Multi -Family Housing Replacement Program", as required in Section 18-3.3 of the Land Use Regulations. The project's original and revised affordable housing component is summarized in Table 1, below. Table 1 Housing Replacement Program Data 1. Existing Multi -Family Structtire Dwelling Units Original Revised 6 6 230 East Hopkins Avenue • Aspen, Colorado 81611 •303/925-6958 • Fax 303/920-9310 Ms. Mary Lackner November 7, 1994 Page 2 Bedrooms 10 10 Net Residential Area (Sq. Ft.)' 3,925 3,925 2. Proposed Demolition Dwelling Units 6 6 Bedrooms 10 10 Net Residential Area (Sq. Ft.) 3,925 3,925 3. Proposed Replacement Housing Dwelling Units 4 4 Bedrooms 5 5 Net Residential Area (Sq. Ft.) 2,650 2,450 ge 1,L, ,Unit 1 850 600 850 Unit 2 600 830- Coo Unit 3 600 600 Unit 4 600 400 4. Proposed Income and Price Categories Unit 1 Category #2 Category #2 Unit 2 Category #1 Category #2 Unit 3 Category #2 Category #2 Unit 4 Category #2 Category #1 ' See Existing Net Residential Area Computation, Exhibit 1, Appendix B, in original application. As Table 1 indicates, the net residential area of the replacement housing exceeds fifty (50) percent of the net residential area to be demolished. In addition, the replace- ment housing has been configured such that fifty (50) percent of the bedrooms which are proposed to be demolished are replaces, and fifty (50) percent of the replacement units are located above natural grade. Finally, the studio unit will be deed restricted to APCHA's Category #1, low income guidelines, which meets the Program's minimum twenty (20) percent requirement. The remaining three (3) units will be deed restricted to Category #2. Parking for the project's four (4), three (3) bedroom free market units will remain unchanged. Eight (8) parking spaces will be provided in the enclosed garages to be located on the lower level of each free market unit. Eight (8) additional spaces will be located on the units' garage aprons. As only twelve (12) spaces are required by Ms. Mary Lackner November 7, 1994 Page 3 the Regulations, the proposed free market parking exceeds the minimum requirement by four (4) spaces. The parking layout for the affordable housing units must be revised to accommodate the preservation of the spruce tree. As the accompanying site plan illustrates, three (3) parking spaces are presently proposed for the four (4) affordable housing units. As the off-street parking requirement for affordable housing units is established by Special Review, the Planning and Zoning Commission may approve the revised parking plan. The P&Z must also grant special review approval to the Applicant's revised parking layout as required pursuant to Ordinance No. 50-94, which was adopted at second reading on October 11, 1994. Please note that the revised parking layout continues to incorporate a minimum one (1) planter per three (3) parking spaces. The proposed side yard variance may be approved by the City Council pursuant to Section 7-903.13.4. of the Regulations. Section 7-903.C.3. permits the consolidation of conceptual and final PUD development plan review subject to the approval of the Planning Director. As the variance in question is both minor in nature and limited in scope, consolidation of the PUD review process would appear appropriate in this case. In addition, the City Council has previously indicated its willingness to grant such a variance in order to save the tree. The property, I believe, must also be designated PUD, and a PUD agreement must be prepared in connection with the previously required subdivision agreement. Should you have any questions, or if I can be of any further assistance, please do not hesitate to call. Yours truly, VAIN ASSOCIATES Sunny Ffhn, AICP SV:cw%V Enclosures C:\bus\c4.1trVtr24794.mJ4 • 'RAY�AT him w MIDDLE LEVEL PLAN A Ageim earn nicw kmsw UNIT D � I V a I pq '•�7 ��,, �, ,� ��. �� .�'� �������� .; � )1 J) .� -�� . /J: (/ �. 1 f/ / r ``)) �/ �! v t �3 $�'s �� � � a�� A� O Z D rj A a w w " cE� W � 3.. • MEMORANDUM TO: Aspen Planning and Zoning Commission FROM: Mary Lackner, Planner RE: 204 E. Durant PUD and Special Review (Public Hearing) DATE: November 22, 1994 SUMMARY: The Planning and Zoning Commission reviewed and recommended approval of the applicant's request for the reconstruction of the multi -family housing project on this site. Subsequently, City Council directed the applicant to return with a site plan that saves the 65 foot spruce tree that was proposed to be removed. This application is a PUD and Special Review request to accommodate a redesign of the project that preserves this tree. APPLICANT: SGA Aspen Limited Liability Company, c/o Doug Allen, represented by Vann Associates, Mr. Sunny Vann. LOCATION: 204 E. Durant, which is located within Block 77, Lots K, L, M, N and O, City and Townsite of Aspen. ZONING: L/TR - Lodge/Tourist Residential. APPLICANT'S REQUEST: The applicant is requesting to designate the parcel a PUD in order to obtain a side yard setback along the western property line to save the spruce tree. The applicant is also seeking special review approval to change the affordable housing parking layout by providing three spaces instead of four. Please refer to the amended application letter and maps attached to this memo. REFERRAL COMMENTS: Parks Department: Comments from the Parks Department will be presented at the meeting. Zoning Office: Bill Drueding has stated that more information is needed to determine if the open space and height requirements of the zone district will be met. STAFF COMMENTS: Staff has reviewed the applicant's request pursuant to Section 24-7-901 Planned Unit Development and Section 24-7-404 Special Review. Planned Unit Development- Although the Land Use Code permits PUD rezoning on parcels greater than 27,000 sq.ft., City Council has insisted that this project come through the PUD process in order to save the tree. PUD's can also be initiated by the Planning and Zoning Commission or City Council. The applicant has requested one variance through the PUD process. This is to vary the western side yard setback from the required five feet to zero feet. A copy of the revised site plan and building footprint have been included in the packet to illustrate the request. The Planning Office believes this request qualifies as a minor request in the scope of the entire project and recommends that the Planning Commission approve the consolidated conceptual and Final PUD development plan review process as described in Section 24-7- 903(C)(3) of the Aspen Municipal Code. Special Review- Parking for affordable dwelling units is set by special review. The Planning and Zoning Commission reviewed the applicant's initial request (which eliminated the spruce tree) and approved one parking space per affordable dwelling unit for a total of four parking spaces for the four units. The redesign of the project to save the tree resulted in the reduction of one parking space for the affordable housing component of the project. Staff is typically not supportive of reducing parking below one space per affordable dwelling unit, as employees frequently have a need for a parking space. However, staff is supportive of the applicant's request because the tree is being saved. There is also the possibilty for the occupant of the affordable dwelling unit that will not have a parking space, to use the parking apron of the associated free market unit. Since the applicant's marketing plan will sell deed restricted units with free market units, it should be specified in the Subdivision/PUD Agreement that the one affordable unit with no parking may park on the apron of the associated free market unit. STAFF RECOMMENDATION: The Planning Office recommends approval of the applicant's request for a western side yard PUD variance to zero feet and the Special Review request to provide a total of three parking spaces for the four affordable dwelling units, subject to the following conditions: 1. The Subdivision/PUD Agreement shall include language to permit the affordable housing unit that does not have a designated parking space to park on the apron of its associated free market unit. 2. Trees which will be retained must be protected prior to any demolition, grading, excavation or material storage by the placement of barricade fences around the driplines of the trees. 3. All material representations made by the applicant in the 2 • • application and public meetings shall be adhered to and considered conditions of approval, unless otherwise amended by other conditions. RECOMMENDED MOTION: "I move to recommend approval of the 204 E. Durant Subdivision PUD request to reduce the western side yard setback to zero." "I further move to approve special review for the affordable housing parking plan that provides three parking spaces for the four affordable dwelling units. These approvals are subject to the recommended conditions of approval in the Planning Office memorandum dated November 22, 1994." Exhibits: A- Supplemental Application Information B- Public Notice apz.pud.sr.204e.dur 3 • ExhibtiA - ---- VANN ASSOCIATES Planning Consultants November 7, 1994 HAND DELIVERED Ms. Mary Lackner Aspen/Pitkin Planning Office 130 South Galena Street Aspen, Colorado 81611 Re: 204 East Durant GMQS Exemption Application Dear Mary: NOV " 91994 At the City Council's urging, the Applicant has redesigned a portion of the 204 East Durant project to retain the large spruce tree which is located in the northwest corner of the property. As the attached architectural plans illustrate, free market Unit D has been reconfigured so as to avoid the tree. The proposed reconfiguration, however, will require PUD approval to vary a portion of the project's west side yard setback from approximately seven (7) feet to zero feet. No other variation of the dimensional requirements of the property's underlying zone district will be required to accommodate the revised design. The changes to Unit D have also necessitated revisions to affordable housing Units 2 and 4, and to the project's parking layout. The project's original affordable housing component consisted of three (3), one (1) bedroom units and one (1), two (2) bedroom unit. One of the one (1) bedroom units must be reconfigured as a studio unit to accommodate the requested changes to free market Unit D. The project's revised affordable housing component, however, continues to comply with all provisions of the City's "Resident Multi -Family Housing Replacement Program", as required in Section 18-3.3 of the Land Use Regulations. The project's original and revised affordable housing component is summarized in Table 1, below. Table 1 Housing Replacement Program Data 1. Existing Multi -Family Structure Dwelling Units Original Revised 6 6 230 East Hopkins Avenue • Aspen, Colorado 81611 •303/925-6958 • Fax 303/920-9310 { • Ms. Mary Lackner November 7, 1994 Page 2 Bedrooms 10 10 Net Residential Area (Sq. Ft.)' 3,925 3,925 2. Proposed Demolition Dwelling Units 6 6 Bedrooms 10 10 Net Residential Area (Sq. Ft.) 3,925 3,925 3. Proposed Replacement Housing Dwelling Units 4 4 Bedrooms 5 5 Net Residential Area (Sq. Ft.) 2,650 2,450 Unit 1 850 600 Unit 2 600 850 Unit 3 600 600 Unit 4 600 400 4. Proposed Income and Price Categories Unit 1 Category #2 Category #2 Unit 2 Category #1 Category #2 Unit 3 Category #2 Category #2 Unit 4 Category #2 Category #1 See Existing Net Residential Area Computation, Exhibit 1, Appendix B, in original application. As Table 1 indicates, the net residential area of the replacement housing exceeds fifty (50) percent of the net residential area to be demolished. In addition, the replace- ment housing has been configured such that fifty (50) percent of the bedrooms which are proposed to be demolished are replaces, and fifty (50) percent of the replacement units are located above natural grade. Finally, the studio unit will be deed restricted to APCHA's Category #1, low income guidelines, which meets the Program's minimum twenty (20) percent requirement. The remaining three (3) units will be deed restricted to Category #2. Parking for the project's four (4), three (3) bedroom free market units will remain unchanged. Eight (8) parking spaces will be provided in the enclosed garages to be located on the lower level of each free market unit. Eight (8) additional spaces will be located on the units' garage aprons. As only twelve (12) spaces are required by • E Ms. Mary Lackner November 7, 1994 Page 3 the Regulations, the proposed free market parking exceeds the minimum requirement by four (4) spaces. The parking layout for the affordable housing units must be revised to accommodate the preservation of the spruce tree. As the accompanying site plan illustrates, three (3) parking spaces are presently proposed for the four (4) affordable housing units. As the off-street parking requirement for affordable housing units is established by Special Review, the Planning and Zoning Commission may approve the revised parking plan. The P&Z must also grant special review approval to the Applicant's revised parking layout as required pursuant to Ordinance No. 50-94, which was adopted at second reading on October 11, 1994. Please note that the revised parking layout continues to incorporate a minimum one (1) planter per three (3) parking spaces. The proposed side yard variance may be approved by the City Council pursuant to Section 7-903.13.4. of the Regulations. Section 7-903.C.3. permits the consolidation of conceptual and final PUD development plan review subject to the approval of the Planning Director. As the variance in question is both minor in nature and limited in scope, consolidation of the PUD review process would appear appropriate in this case. In addition, the City Council has previously indicated its willingness to grant such a variance in order to save the tree. The property, I believe, must also be designated PUD, and a PUD agreement must be prepared in connection with the previously required subdivision agreement. Should you have any questions, or if I can be of any further assistance, please do not hesitate to call. Yours truly, VASN ASSOCIATES SunnylVfnn, AICP SV:cw,W Enclosures c:\bus\city.1trVtr24794.m14 LOWER LEVEL PLAN t4mrt:1 MIDDLE LEVEL PLAN � _- z 0-04 loll t3 514? Exhibit B Public Notice PUBLIC NOTICE RE 204 EAST DURANT STREET PUD VARIANCE NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday. November 22, 1994 at a meeting to begin at 4:30 p.m. before the Aspen Planning and Zoning Commission, 2nd Floor Meel- Ing Room, City Hall, 130 S. Galena St., Aspen, to consider an application submitted by S.G.A. Aspen Umlted Liability Company, c/o Douglas P. Allen, 225 N. Mill St., Suite 210, Aspen, CO, requesting a PUD variance to reduce the west side yard to zero feet and to reduce the required parking by one space, to preserve a 65 foot spruce tree on the site. The property is located at 204 E. Durant Avenue. lots K, L, M, N and 0, Block 77. City and Townsite of Aspen. For further Infor- mation, contact Mary Lackner at the Aspen/Pitkin Planning Office, 130 S. Galena St., Aspen, CO 920- 5106 s/Bruce Kerr, Chairman Aspen Planting and "Zoning Commission Published In The Aspen Times on November 4, 1994. Saturday -Sunday, November 56 1994 • The Aspen Times M Saturday -Sunday, Octuber 15-16, 1994 •The Aspen Times 21-C Public Notice All�_7 - �4 ORDINANCE NO.46 (Series of 1994) AN ORDINANCE OF THE CITY COUNCIL. OF THE CITY OF ASPEN, COLORADO. VACATING PORTIONS OF GALENA STREET ADJOINING THE CUI: DE -SAC AT ITS NORTH TERMINUS CONTAINING APPROXIMATELY 2,537 SQUARE FEET ALL WrfHIN'THE CITY OF ASPEN, PrrKJN COUNTY, COLORADO. Copies of this ordinance are available In the office of the City Clerk, City Hall, 130 South Galena, Aspen, during normal business hours. FINALLY adopted, passed and approved this 11 day of October 1994. John S. Bennett, Mayor ATTEST: Kathryn S. Koch, City Clerk Published In The Aspen Times October 14, 1994. ORDINANCE NO. 47 (SERIES OF 1994) AN ORDINANCE OF THE ASPEN CITY COUN- CIL GRANTING A REZONING FROM AF-2 PUD TO OPEN SPACE (OS) TO THE PUBLICALLY OWNED ZOL.INE OPEN SPACE SECTIONS 2 & 11, TOWNSHIP 10 SOUTH, RANGE 85 WEST OF THE 6TH P.M., HIGHWAY 82, ASPEN COLORADO Copies of this ordinance are available in the office of the City Clerk, City Hall, 130 South Galena, Aspen, during normal business hours. FINALLY adopted, passed and approved this L I day of October, 1994. John Bennett, Mayor ATTEST: Kathryn S. Koch, City Clerk Published In The Aspen Times October 14, 1994. ORDINANCE NO. 48 (Series of 1994) AN ORDINANCE OF THE ASPEN CITY COUN- CIL DESIGNATING 520 WALNUT STREET, LOT 8 AND THE NORTH HALF OF LOT 9, BLOCK 3, WILLIAM'S ADDITION TO THE CITY OF ASPEN, AS "H," HISTORIC LANDMARK PURSUANT TO SECTION 24-7-703 OF THE MUNICIPAL CODE Copies of this ordinance are available In the office of the City Clerk, City Hall, 130 South .Galena, Aspen, during normal business hours. FINALLY adopted, passed and approved this 11 day of October, 1994. ATrEST: Kathryn S. Koch, City Clerk Published In The Aspen Times October 14, 1994. ORDINANCE NO.50 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COL- ORADO AMENDING CHAPTER 24 OF THE MUNICIPAL CODE, LAND USE REGULATIONS, TO PROVIDE A PLANNING AND ZONING COM- MISSION SPECIAL REVIEW TO PERMIT PARK- ING ON GARAGE APRONS IN MULTI -FAMILY PROJECTS SUBJECT TO NEW REVIEW CRITE- RIA ESTABLISHED IN SECTION 24-5302(A) AND SECTION 24-7AO4(B) Copies of this ordinance are available in the office of the City Clerk, City Hall, 130 South Galena, Aspen, during normal business hours. FINALLY, adopted, passed and approved this 11 day of October, 1994. John Bennett, Mayor ATTEST: Kathryn S. Koch, City Clerk Published in The Aspen Times October 14, 1094. ORDINANCE 51 (SERIES OF 1994) ' AN ORDINANCE OF THE ASPEN CrTY COUN- CIL GRANTING A SIX MONTH EXTENSION OF THE 1992 LODGE GMQS ALLOTMENT GRANT- ED BY ORDINANCE 3, SERIFS OF 1993 FOR 720 FAST COOPER AVENUE, ASPEN COLORADO. Copies of this ordinance are available in the office of the City Clerk, City Hall, 130 South Galena, Aspen, during normal business hours. FINALLY, adopted, passed and approved this 11 day of October, 1994. John Bennett, Mayor ATTEST: Kathryn S. Koch, City Clerk Published In The Aspen Times October 14, 1994. PUBLIC NOTICE Please take notice that the Board of County Commissioners finally adopted approved on October ll,.1994, the following Resolution No. 94-181: PITKIN COUNTY BOARD OF COUNTY COMMIS- SIONERS RESOLUTION 94-I81 AUTHORIZING THE ISSUANCE OF PITKIN COUNTY, COL- ORADO, AIRPORT RERJNDING REVENUE BONDS,SERIES 1994, IN THE AGGREGATE PRIN- CIPAL- AMOUNT OF $1,140,000; AND PROVID- ING DETAILS IN CONNECTION THEREWITH The resolution authorizes the Board of Coun- ty Commissioners (the "Board"), on behalf of Pitkin County, Colorado (the "County"). to Issue the "Pitkin County, Colorado, Airport Refunding Revenue Bonds, Series 1994," (the "Series 1994 Bonds) In an aggregate principal amount of $1,140,000 for the purpose of provid- ing funds to refund, pay, and discharge the County's outstanding Airport Refunding Rev- enue Bonds, dated as of April 1, 1983 (the "Refunding Project"). The Series 1994 Bonds will be dated as of October 15, 1994, will mature on December 1 of the years 1995 through 2004, and will bear Intc, - . from their date to maturi- ty at rates ranging from 4.10 to 5.50 per annum, payable semtannually on June 1 and December I in each year, commencing December 1, 1994. The Series 1994 Bonds will be subject to redemption prior to their staled maturity, at the option of the County, on December 1, 1999, or any date thereafter. The resolution, In summary outline, Is as fol- lows: Preamble recites the authority for Issuance of the Series 1994 Bonds and other matters relat- ing thereto. Section I defines certain terms for all purpos- es of this resolution. Section 2 ratifies all action previously taken by the County In respect to the Refunding Pro- ject and the sale and delivery of the Series 1994 Bonds, Section 3 authorizes the Issuance of the Series 1994 Bonds, Section 4 sets forth the details of the Series 1994 Bonds. Section 5 authorizes the optional prior redemption of the Series 1994 Bonds. Section 6 sets forth the execution and autho- rizallon requirements. Section 7 describes registration, transfer and exchange procedures. Section 8 provides that the Series 1994 Bonds be fully negotiable. Section 9 states the necessity for and approval of the Project and the Series 1994 Bonds. Section 10 provides that the Series 1994 Bonds are equally secured. Section 11 provides that the Series 1994 Bonds are special limited obligations of the County and are not to be considered general obligations or Indebtedness of the County. Section 12 describes like character of the agreement. Section 13 slates that payment of the Series 1994 Bonds is not secured by the pledge of any property. Section 14 accepts the purchase contract for the Series 1994 Bonds. Section 15 Is reserved. Section 16 authorizes the execution and use of the final offering statement for the Series 1994 Bonds. Section 17 sets forth the form of the Series 1994 Bonds, Certificates, and Registration Panel. Section 18 provides for the application of gross revenues. Section 19 provides for delivery of the Series 1994 Bonds. Section 20 provides for the disposition of bond proceeds. Section 21 provides for the redemption of the outstanding 1983 Refunding Bonds, Section 22 provides for the redemption of the outstanding 1983 Revenue Bonds. Section 231s reserved. Section 24 provides for the transfer of funds and accounts. Section 25 provides for a Reserve Account. Section 26 provides for a Rebate Fund. Section 27 describes the general administra- tion of funds. Section 28 describes the rate maintenance covenant. Section 29 sets forth tax covenants. Section 30 sets forth additional general covenants. Section 31 provides for additional parity bonds. Section 32 defines `Events of Default." : =dun 33 ewo..e-,,,i , n ,edies for uofaun. Section 34 concerns duties upon default. Section 35 specifies no Impairment of the Series 1989 Bonds. Section 36 concerns defeasance. Section 37 provides for amendment of the resolution. Section 38 concerns successor registrars or paying agents. Section 39 provides for bond Insurance from AMBAC Indemnity Corporation. Section 40 specifies a payment procedure pursuant to the municipal bond insurance poll - Cy. Section 41 specifies notices to be given to AMBAC. Section 42 concerns consent of AMBAC. Section 43 concerns the parties Interested herein. Section 44 concerns the effect of actions on bond owners. Section 45 states findings about the maxi- mum net effective Interest rate and remaining authorization. Section 46 directs officers and employees of the County to take all action necessary to effec- tuate the provisions of the Resolution. Section 47 concerns severability. Section 48 repeals all conflicting resolutions. Section 49 provides that the resolution will be Irrepealable until a certain time. Section 50 provides that the resolution will be effective Immediately upon Its adoption. Section 51 provides for publication by title and short outline. FINALLY ADOPTED AND APPROVED, the I lth day of October, 1994. Copies of the full text of the resolution are available In the Pitkin County Clerk's Office dur- Ing regular business hours at S30 E. Main Street. P ,191shed The the Aspen Times on October 14,1994. PUBLIC NOTICE RE: AI -PINE BANK AABC BRANCH OFFICE SPE- CIAL REVIEW NOTICE IS HEREBY GIVEN that a public hear- Ing will be held on Tuesday, November 15, 1994 at a regular meeting to begin at 5:00 pm before the Board of County Comm issloners, District Courtroom, 506 Fast Main Street, Aspen to con- sider an application submitted by Alpine Bank requesting Special Review approval to allow a walk-in bank branch office at the Aspen Airport Business Center. The property is located on Lot 1, Block 3, Filing 1, Aspen Airport Business Center. For further Information contact Ellen Sassano at the Aspen/Pitkin Planning Office, 920-5098. s/Robert W. Child, Chairman Board of County Commissioners Published in The Aspen Times on October 14, 1994. PUBLIC NOTICE RE: OWL CREEK RANCH, LOT 8, SPECIAL. REVIEW TO ALLOW IN EXCESS OF 15,000 SQUARE FEET OF FLOOR AREA NOTICE IS HEREBY GIVEN that a public hear- Ing will be held on Tuesday, November 15, 1994 at a regular meeting to begin at 5:00 pm before the Pitkin County Board of County Commis- sioners, District Courtroom, Pitkin County Courthouse, 506 East Main Street, Aspen to consider an application submitted by Prime Aspen Properties, Ltd., requesting Special Review approval to allow In excess of 15,000 square feet of floor area. The property Is locat- ed at Lot 8, Owl Creek Ranch PUD. For further Information contact Rick Magill at the Aspen/Pitkin Planning Office, 920-5062. s/Jody Edwards, Chairman Pitkin County Planning and Zoning Commission Published In The Aspen Times on October 14, 1994. PUBLIC NOTICE RE: OATES CARETAKER DWELLING UNIT REVIEW NOTICE IS HEREBY GIVEN that a public hear- Ing will be -held on Tuesday, November 15, 1994 at a regular meeting to begin at 5:00 pm before the Board of County Commissioners, District Courtroom, 506 East Main Street, Aspen to con- sider an application submitted by John Oates requesting approval for a 600 square foot care- taker dwelling unit In an existing cabin. The property Is located on Lot 2, Wolfson Subdivi- sion. For further Information contact Rick Mag- III at the Aspen/Pitkin Planning Office, 9205062. s/Robert W. Child, Chairman Board of County Commissioners Published In The Aspen Times on October 14, 1994. PUBLIC NOTICE RE: 624 EAST HOPKINS COMMERCIAL GMQS ALLOCATION NOTICE IS HEREBY GIVEN that a public hear- Ing will be held on Tuesday, November 1, 1994 at a meeting to begin at 4:30 p.m. before the Aspen Planning and Zoning Commission, 2nd Floor Meeting Room, City Hall, 130 S. Galena St., Aspen, to consider an application submitted by MHS Partners, Box 1709, Aspen, CO, requesting approval for a commercial Growth Manage- ment Quota System allocation of 2,700 net leasable square feet to construct a two story office building The property Is located at 624 E. Hopkins Ave.; Lot Q and the west of Lot R, dnucx 98, City and 'rownsite of ASpeff.' .,For tur- ther information, contact Kim JobnsoA at the Aspen/Pitkin Planning Office, 130 S. Galena St., Aspen, CO 920-5100 s/Bruce Kerr, Chairman Aspen Planning and Zoning Commission Published in the Aspen Times on October 14, 1994 PUBLIC NOTICE RE: DELLSE 1041 HAZARD REVIEW & GENER- AL SUBMISSION NOTICE IS HEREBY GIVEN that a public hear- Ing will be held on Tuesday, November 15, 1994 at a regular meeting to begin at 5:00 pm before the Board of County Commissloners, District Courtroom, 506 E. Main St., Aspen to consider an application submitted by Donald DeLlse requesting 1041 Hazard Review and General Submission approval for construction of a sin- gle family residence. The property Is located on the east side of Castle Creek Road approximate- ly 4 miles south of Highway 82; Philadelphia mill site (M.S. 7570 B), the Highland Mary (M.S. 7570) and the Wilton Belle (M.S. 2117). For fur- ther Information contact Tim Malloy at the Aspen/Pitkin Planning Office, 920-509S. s/Robert W. Child, Chairman Board of County Commissioners Published In the Aspen Times on October 14, 1994 PUBLIC NOTICE RE: 939 FAST COOPER AVENUE LANDMARK DESIGNATION AND CONCEPTUAL DEVELOP- MENT REVIEW NOTICE IS HEREBY GIVEN that a public hear- Ing will be held on Wednesday, November 2, 1994, at a special meeting to begin at 5:00 pm before the Aspen Historic Preservation Com- mittee in the second floor meeting room, City [fall, 130 S. Galena Street, Aspen, Colorado, to consider an application submitted by Bob & Darnell Langley requesting approval of Land- mark Designation and Conceptual Development Review to duplex the existing historic resi- dence and to construct three detached units on the property at 939 Fast Cooper Avenue, L.ot A, Block 37, East Aspen Addition, City of Aspen. PUBLIC NOTICE RE: 204 EAST DURANf STREET SUBDIVISION, TEXT AMENDMENT AND GMQS EXEMPTION NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, October 11, 1994 at a meeting to begin at 5:00 p.m. before the Aspen City Council, Council Chambers, City Hall, 130 S. Galena St., Aspen, to consider an application sub- mitted by S.G.A. Aspen Limited I. Iabillty.Company, c/o Douglas P. Allen, 225 N. MITI St., Suite 210, Aspen, CO, requesting subdivision approval to develop an eight unit (four free market units and four fully deed -restricted units), multi-(amlly resi- dential project. The applicant Is also requesting an amendment to the City of Aspen Municipal Code Section 24-5-302(A) and (C) to allow the use of the garage aprons for four parking spaces aid GMQS Exemption to reconstruct lour multi4amily afford. able dwelling units. The property Is located at 204 E. Durant Avenue; lots K, 1, M, N and 0, Block 77, City and Townsite of Aspen. For further informa- tion, contact Mary Lackner at the Aspen/Pitkin Planning Office, 130 S. Galena St., Aspen, CO 920 5106 *I iW, A. s/Bruce Kerr, Chairman •itt:+ `.;01 Aspen Planning and Zoning Commission •' Published inThe Aspen Times on September 23, 1994. For further Information, contact Amy Amldon at the Aspen Pitkin Planning Office, 130 S. Gale- na St., Aspen, CO.9'205096. s/Joseph Krabacher, Chairman Aspen Historic Preservation Committee Published in The Aspen Times on October 14, 1994 PUBLIC NOTICE RE: JAFEEE 1041 HAZARD REVIEW AND GEN- ERAL SUBMISSION NOTICE IS HEREBY GIVEN that a public hear- ing will be held on Tuesday, November 15, 1994 at a regular meeting to begin at 5:00 pm before the Board of County Commissioners, District Courtroom, 506 Fast Main Street, Aspen to con- sider an application submitted by Wilton Jaffee, Jr. requesting approval of 1041 Hazard Review and General Submission. The property Is locat- ed approximately three miles southeast of Highway 133 on the south side of Prince Creek Road in Section 24, Township 8 South, Range 88 West. For further information contact Ellen Sas- sano at the Aspen/Pitkin Planning Office, 920- 5098. s/Robert W. Child, Chairman Board of County Commissioners Published In The Aspen Times on October 14, 1994 NOTICE OF PUBLIC HEARING PLEASE TAKE N0710E: That the Board of County Commissioners of Pitkin County, Col- orado will conduct a public hearing on the fol- lowing resolution on October 25, 1994 at 5:00 pm, and the Board of County Commissioners Meeting Room, Pitkin County Courthouse, 506 E. Main Street, Aspen, Colorado, at which time and place all members of the public may appear and be heard: A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COL- ORADO, AUTHORIZING THE ISSUANCE OF PITKIN COUNTY, COLORADO, GENERAL. OBLI- GATION OPEN SPACE REFUNDING AND IMPROVEMENT BONDS, SERIFS 1994, IN THE AGGREGATE PRINCIPAL AMOUNT OF $6,100,000 AND PROVIDING FOR CERTAIN DETAILS IN CONNECTION THEREWITH. Copies of the proposed resolution are avall- able for public Inspection from 8:30 am to 4:30 pm in the office of the Clerk and Recorder, 530 E. Main Street, Aspen, Colorado. Phone 920-51 80. Jeanette Jones, Deputy County Clerk Published In The Aspen Times on October 14. 1994 NOTICE OF PUBLIC HEARING PLEASE TAKE NOTICE: That the Board of County Commissioners of Pitkln County, Col- orado will conduct a public hearing on the fol- lowing ordinance at 5:00 p.m. on the 25th day of October, 1994, at the Board of County Com- missioners Meeting Room, Pilkin County Court- house Plaza, 530 East Main Street, Aspen, Col- orado, at which time and place all members of the public may appear and be heard: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COL- ORADO GRANTING AN ACCESS EASEMENT TO THE DEVELOPERS OF WILLIAMS RANCH ACROSS THE MOLLIE GiBSON PARK Ordinance No. Series 1994 RECITALS 1. There Is currently being developed the Williams Ranch subdivision which consists of affordable housing for local residents of Pitkin County. 2. The developers of Williams Ranch subdivi- sion are desirous of obtaining a local access road to the subdivision through lands owned by Pitkin County. 3. In exchange for an access easement, the Williams Ranch developers will dedicate 1/2 acre of public park land within the subdivision for the use of the general public. The develop- ers also agree to construct Improvements to the Mollie Gibson Park at their expense. 4. In exchange for the access easement, the Williams Ranch developers will dedicate the section of Smuggler Road which traverses the Smuggler Mine parcel to Pitkin County, as fur- ther described In the attached easement. NOW, THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, that Pitkin County grant to Williams Ranch subdivision an easement across the Mollie Gibson Park as fully described In the attached Easement Agreement and authorize the Chair to sign any documenta- tion related to the granting of such easement. EASEMENT AGREEMENT THIS Easement Agreement ("Agreement) Is made this day of , 1994, between the Board of County Commissioners of Pitkin County ("Grantor") and the Estate of Stefan Albouy, ("Grantee"). RECITALS 1. Grantor owns certain real property situate in Pitkln County, Colorado described on Exhibit A ("Grantor's property); 2. Grantee owns certain real property situate In Pitkin County, Colorado adjacent to Grantor's properly described on Exhibit B ("Grantee's property"); 3. By the execution of this Agreement, Grantor desires to convey to Grantee a non- exclusive 60 foot access road easement for vehicular ingress and egress to the Williams Ranch residential subdivision. By execution of LEGALS DEADLINE this Agreement, Grantee desires to accept the easement as provided herein. GRANT 1. In consideration of the terms and condl- lions stated In this Agreement, Grantor con- veys to Grantee, Its successors and assigns, a perpetual, nonexclusive road easement for the construction, maintenance, repair and use of a roadway across Grantor's property for ease of access to Grantee's property to the use of the real property described in Exhibit C for vehicu- lar Ingress and egress across Grantor's proper- ty for the benefit of the Grantee and the general public to access Grantee's property. TERMS AND CONDITIONS 1. The road easement shall be appurtenant to Grantee's properly and shall be of perpetual duration. The easement will be revokable based on failure of Grantor or successors to perform any of the terms and conditions required herein. 2. Consideration. The following consideration shall be granted for the access easement: a. Grantee will dedicate one-half acre of land within the Williams Ranch subdivision as pub- lic park land with public access. b. Grantee will dedicate the section of Smug- gler Road which traverses the Smuggler Mine parcel, as described In Exhibit D, to Pitkin County. 3. Alignment and Legal Description. The access easement shall conform to the allgn- ment described on Exhibit C. 4. Width. The easement shall be sixty feet in width or such greater width as may be neces- sary to satisfy existing codes, conditions and requirements of Pitkin County or such other governmental agency with appropriate jurlsdlc- tion. S. Use. The road easement Is nonexclusive and may be used by Grantor. Its heirs, succes- sors and assigns. The easement shall be used by Grantee, Its successors, assigns for purpos- es stated In the Grant above. Grantee accepts this easement on behalf of the general public and Its acceptance serves to ensure the use of this easement by members of the general pub- lic to access Grantee's properly. 6. Construction and Maintenance. Grantee agrees to pay for all repairs and maintenance costs and expenses attributable to Grantee's use of the road easement. Grantee agrees to prepare a temporary construction access plan for vehicular and pedestrian traffic. Grantee further agrees that all costs of surveying, engi- neering, construction, repairing crud maintain- ing the road easement shall be paid solely by Grantee, its successors or assigns. 7. Construction of Improvements to Mollie Gibson Park. Grantee agrees to construct Improvements to the Mollie Gibson Park on a sub contractor basis for Pitkin County. 8. Soil Removal. Grantee will dispose of OU2 soil removed from the Smuggler Mobile Home Park on the Smuggler Mine Property. 9. Warranties. Each party warrants that It Is the owner of the property Identified In the recitals and described in the exhibits as grantors and grantee's property. Grantor war- rants that he will cause all liens and encum- brances to be released or subordinated with respect to the easement granted herein and !hat he will warant and deh•nd Grantee's tille and use of the road and driveway or of the road easement from any and all claims to the road easement by third parties made by, on, or behalf of Grantor. 10. Default. Either party shall have the right to enforce the obligations of performance of the other party as contained herein through Ift- igatlon seeking an award of damages or injunc- tive relief. The prevailing party in such litiga- tion shall be entitled to recover all costs Includ- Ing reasonable attorney's fees. 11. Amendment. -This Agreement shall not be amended, modified, or supplemented except by written Instrument signed and acknowledged by the parties. 12. Successors and Assigns. All provisions of the Agreement, Including the benefits and bur- dens created thereby shall run with the land and shall enure to the benefit of and be binding upon the parties respective heirs, administra- tors, successors and assigns. 13. Notices. Any notice required or permitted hereunder shall be in writing and shall be deemed given when personally delivered to any party hereto or when mailed, postage pre- paid, by registered or certified mail, return receipt requested, to the following addresses: Grantor: Pitkin County Board of County Com- missioners c/o County Manager 530 East Main Street Aspen, Colorado & 1611 Grantee: Estate of Stefan Albouy c/o Gary A. Wright 201 North Mill Street, Ste. 106 Aspen, Colorado 81611 IN WITNESS WHEREOF the parties under- stand and agree to perform and to be bound by each of the terms, conditions of this Agree- ment, the effective of which shall be the date first above written. Copies of the proposed ordinance are avail- able for public inspection during regular busi- ness hours in the office of the Clerk and Recorder, 530 East Main Street, Aspen, Col- orado. Phone 920-5200. Jeanette Jones, Deputy Clerk and Recorder published In The Aspen Times October 14.1994 NOON ON TUESDAY must be clearly typed. No Fax transmissions accepted for publication RATES 1 st insertion - .5060/line; 2nd insertion - ,3680/line Proof of publication - $2 ` 1 r -I 40 MESSAGE DISPLAY TO Mary Lackner From: Rebecca Baker Postmark: Nov 10,94 1:23 PM Status: Previously read Subject: Site Design for E. Durant & S. Aspen Message: I have looked over the site design for the corner of E. Durant & S. Aspen Streets and believe that the layout to save the 22" dia. spruce is agreeable. We would suggest that protective snow fencing be placed around the perimeter of the base of the tree (ie. within 5 ft of the dripline of the tree) so there is no confusion of where digging can occur prior to excavation beginning. The other comment in regards to the design proposal is to place the sidewalk along the edge of the street and omit the "buffer zone" between street and sidewalk. This again would protect the trees better and less trimming up of trees. MEMORANDUM TO: Mayor and City Council THRU: Amy Margerum, y Manager THRU: Stan Clauson ommunity Development Director FROM: Mary Lackner, Planner DATE: October 24, 1994 RE: 204 E Durant GMQS Exemption, Subdivision, and Vested Rights - 2nd Reading of Ordinance 49, Series 1994. This item was tabled by City Council so that the applicant can pursue a redesign that would permit the large spruce tree on the north west side of the property to be saved. Since this item was tabled on October 11, 1994 to tonight's meeting, the applicant has not had time to redesign the project. The applicant and staff request that this item be tabled to November 28th. MEMORANDUM TO: Mayor and Council THRU: Amy Margerum, City Manager THRU: Stan Claus munity Development Director FROM: Mary Lackner, Planner DATE: October 11, 1994 RE: 204 E Durant GMQS Exemption, Subdivision, and Vested Rights - 2nd Reading of Ordinance 49, Series 1994 ----------------------------------------------------------------- ----------------------------------------------------------------- SUMMARY: The applicant seeks to demolish an existing six unit multi -family project and replace it with an eight unit multi- family structure. This is the second project that will be utilizing the Resident Multi -Family Housing Replacement Program, which is specified in Section 18-3.3 of the Aspen Municipal Regulations. The applicant is seeking GMQS Exemptions, Subdivision, and a Text Amendment for parking on garage aprons to accommodate this development. APPLICANT: SGA Aspen Limited Liability Company, c/o Doug Allen, represented by Vann Associates, Mr. Sunny Vann. LOCATION: 204 E. Durant, which is located within Block 77, Lots K, L, M, N and O, City and Townsite of Aspen. ZONING: L/TR - Lodge/Tourist Residential. APPLICANT'S REQUEST: The applicant is requesting GMQS Exemptions to reconstruct four free market dwelling units and build four new fully deed restricted dwelling units. Subdivision approval is also required for multi -family development and is being requested so that the applicant may condominimize the free market units at a later date. The applicant will be seeking vested rights approval for three years from City Council. The complete application package was given to Council at first reading. Supplemental information from the applicant is provided in Exhibit "A". CONSISTENCY WITH THE ASPEN AREA COMMUNITY PLAN: The AACP does not specifically refer to the applicant's property. The construction of four affordable housing units does not meet the AACP goal of new subdivisions providing 60% of the units as affordable housing. This goal has not been codified. REFERRAL COMMENTS: 1. Aspen Consolidated Sanitation District: Bruce Matherly has • • indicated that there are downstream line constraints in the First Street area. Development upstream will be required to pay a development impact fee, which will be in addition to normal connection charges. 2. Engineering Department: Cris Caruso has discussed parking, site drainage, trash storage, vegetation, sidewalks/curbs/gutters, and encroachments in his referral memorandum. 3. Fire Marshall: Ed Van Walraven states that the project will be required to have a residential sprinkler and alarm system installed. 4. Housing Authority: Cindy Christensen has submitted comments regarding compliance with the multi -family housing replacement program. 5. Parks Department: George Robinson expressed concern that the large spruce tree will most likely not survive a transplanting and would like to see that this tree remain in its present location. 6. Water Department: Phil Overeynder has submitted comments that the Water Department has the ability to serve this project once the applicable utility and connection fees are paid by the applicant. The applicant will need to connect to the new water main in Durant Street. 7. Zoning Office: Bill Drueding has submitted comments that request more information to determine if the open space and height requirements of the zone district will be met. CURRENT ISSUES: This is the second application to be reviewed pursuant to the multi -family housing replacement program that was adopted with Ordinance 1. The first replacement proposal was discontinued after P&Z review. The applicant's request requires review of GMQS Exemptions for Multi -family Housing Replacement, Subdivision, and a Text Amendment. The specific criteria and staff responses are included as Exhibit "B". Staff does not support the applicant's request to remove a 22" diameter, 65 foot spruce tree to accommodate the proposed development. The Parks Department identified the procedures the applicant must take in order to remove this tree and bond it for its survival in a new location. The applicant contends the proposed structure cannot be reconfigured or redesigned to accommodate this spruce tree in its present location. RECOMMENDATION: The Planning and Zoning Commission and Planning 0 • Office recommend approval of the applicant's request for GMQS Exemption for Multi -Family Housing Replacement and Subdivision for the 204 E. Durant project, subject to conditions. Staff does not support the applicant's request to remove the spruce tree. 1. The replacement affordable housing units shall be fully deed restricted as follows: Unit 1 Category #2 (2 bdrm, 850 net livable sq.ft.) Unit 2 Category #1 (1 bdrm, 600 net livable sq.ft.) Unit 3 Category #2 (1 bdrm, 600 net livable sq.ft.) Unit 4 Category #2 (1 bdrm, 600 net livable sq.ft.) 2. The applicant will need to obtain approval from the Housing Office as to the quality of fixtures, finish, and amenities of the affordable housing units, prior to the issuance of any building permits for the project. 3. City Council must approve the applicant's method of housing mitigation. Issues regarding sale, ownership, and subdivision of the affordable housing replacement units must be submitted for review and approval by City Council, prior to second reading. 4. Prior to issuance of any building permits, the applicant shall record the deed restrictions for the affordable housing units and forward a copy to the Planning Office. 5. As recommended by the Aspen Fire Protection District, the applicant shall have a residential sprinkler and alarm system installed in the proposed structure. These systems shall be identified on the building plans. 6. As recommended by the City Engineer in his memo dated June 16, 1994 the applicant shall: a. provide a drainage plan which shall be approved by the City Engineer, prior to issuance of a building permit. b. submit a parking plan, prior to the issuance of a building permit, which illustrates the size and location of all parking spaces and planters. C. submit a site plan which shows a trash and recycle area, utility meters, and other equipment, prior to the issuance of a building permit. d. consult the City Engineering Department (920-5080) for design considerations, City Parks Department (920-5120) for vegetation alterations including tree removal, and shall obtain permits from the City Streets Department (920-5130) for any work or development within public • 7. 8. rights -of -way, prior to commencing any of this work. The Zoning Enforcement Officer identified the following items that shall be submitted prior to issuance of a building permit: a. an open space plan indicating the areas counted per the "Open Space" definition in Section 24-3-101. b. height information in accordance with Section 24-3-101 of the Land Use Regulations. In order to be in compliance with the recommendations of the Water Department, the applicant shall: a. connect to the 20-inch water main in Durant Avenue and this shall be verified during the building inspection process. b. pay its proportionate share of the costs associated with the abandonment of the existing 6-inch water line in Durant Avenue. C. contact the Customer Service Department (920-5031) to review the proposed plans to establish the amount of the utility connection charges and to review detailed plans to provide water service, including water metering of the proposed units. 9. A sidewalk, curb and gutter shall be installed along E. Durant and Aspen Street, prior to issuance of any Certificates of Occupancy for the project. This sidewalk shall be a concrete surface, at least five feet wide, and no obstacles within this width. 10. The applicant shall submit a Final Plat and Subdivision Agreement within 180 days of City Council review, for review and approval by the City Attorney, City Engineer, and Planning Office. 11. The Parks Department has submitted the following conditions of approval with regards to this application: a. The 8" diameter spruce tree, which is approximately 22' in height, that is proposed to be relocated on site must survive for at least 2 years after it is transplanted or be replaced with equal value. The applicant must apply for and receive a tree removal permit prior to any disturbance of this tree. b. The 22" diameter spruce tree, which is approximately 65' in height, is a significant mature tree that needs to be 4 • saved at all costs. The applicant shall redesign the building to accommodate the health and safety of the tree's survival, prior to second reading by City Council. C. All landscaping shall be reviewed and approved by the Parks Department, prior to the issuance of any building permits. 12. All material representations made by the applicant in the application and public meetings shall be adhered to and considered conditions of approval, unless otherwise amended by other conditions. 13. Prior to the issuance of a building permit, the applicant shall submit a landscaping plan that provides visual relief of the parking spaces to be reviewed and approved by the Parks Department and Planning Office. 14. All garage aprons shall be snow melted. The Subdivision Agreement shall indicate that snow melted driveways are a common element of the free-market uses for the purposes of utility payments and maintenance. 15. The applicant shall redesign the entry into the affordable housing units so that there is a gabled roof that does not shed snow onto the entryway. This shall be completed prior to issuance of any building permits. PROPOSED MOTION: "I move to approve second reading of Ordinance 49, Series 1994 for subdivision, GMQS exemption, and vested rights for the 204 East Durant project, subject to conditions." CITY MANAGER COMMENTS: EXHIBITS: Ordinance 49, Series 1994 "A" Application Information "B" Staff responses to review criteria "C" ACSD referral comments "D" Engineering referral comments "E" Housing Office referral comments "F" Water Department referral comments "G" Zoning Department referral comments "H" Parks Department referral comments "I" Public Notice 5 ORDINANCE NO. 49 (SERIES OF 1994) AN ORDINANCE OF THE CITY OF ASPEN GRANTING GMQS EXEMPTION FOR THE CONSTRUCTION OF FOUR AFFORDABLE HOUSING UNITS AND FOUR FREE MARKET DWELLING UNITS UNDER THE MULTI -FAMILY HOUSING REPLACEMENT PROGRAM, SUBDIVISION APPROVAL AND VESTED RIGHTS FOR A PERIOD OF THREE YEARS FOR THE 204 EAST DURANT PROJECT WHICH IS LOCATED WITHIN BLOCK 77, LOTS K, L, M, N, AND O, CITY AND TOWNSITE OF ASPEN WHEREAS, pursuant to Chapter 18-3.3 of the Aspen Municipal Code, an applicant may reconstruct a multi -family housing project if the project meets the criteria of this provision of the Aspen Municipal Code; and WHEREAS, pursuant to Section 24-7-1004(C) of the Aspen Municipal Code, City Council grants final subdivision approval; and WHEREAS, pursuant to Section 24-6-207 of the Aspen Municipal Code, City Council may grant vesting of development rights for a site specific development plan for a period of three years from the date of final development plan approval; and WHEREAS, SGA Aspen Limited Liability Company, c/o Doug Allen, ("Applicant"), as represented by Sunny Vann, submitted an application to the Planning Office requesting construction of eight dwelling units under the resident multi -family housing replacement program, subdivision, vested rights, and a text amendment to allow parking on garage aprons in multi -family projects; and WHEREAS, the 204 East Durant project is located within the L/TR zone district and meets the dimensional requirements of this zone district; and WHEREAS, the Planning and Zoning Commission considered the • i applicant's request at a public hearing on July 5th and August 2, 1994, at which time they recommended approval to City Council for the replacement housing project and the text amendment. The Commission also granted Special Review approval for parking for the affordable dwelling units. The Commission also granted Special Review approval for apron parking based on the proposed text amendment, should City Council approve the proposed text amendment. The Commission's conditions are detailed in Resolution 94- ; and WHEREAS, the Commission voted 7-0 to recommend approval to City Council for the replacement housing project and subdivision, and voted 8-0 to recommend approval for the text amendment. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1: Pursuant to Section 24-7-1004(C) of the Municipal Code, City Council does hereby grant the applicant Subdivision approval subject to the following conditions: 1. The replacement affordable housing units shall be fully deed restricted as follows: Unit 1 Category #2 (2 bdrm, 850 net livable sq.ft.) Unit 2 Category #1 (1 bdrm, 600 net livable sq.ft.) Unit 3 Category #2 (1 bdrm, 600 net livable sq.ft.) Unit 4 Category #2 (1 bdrm, 600 net livable sq.ft.) 2. The applicant will need to obtain approval from the Housing Office as to the quality of fixtures, finish, and amenities of the affordable housing units, prior to the issuance of any building permits for the project. 3. City Council must approve the applicant's method of housing mitigation. Issues regarding sale, ownership, and subdivision of the affordable housing replacement units must be submitted for review and approval by City Council, prior to second 2 • • reading. 4. Prior to issuance of any building permits, the applicant shall record the deed restrictions for the affordable housing units and forward a copy to the Planning Office. 5. As recommended by the Aspen Fire Protection District, the applicant shall have a residential sprinkler and alarm system installed in the proposed structure. These systems shall be identified on the building plans. 6. As recommended by the City Engineer in his memo dated June 16, 1994 the applicant shall: a. provide a drainage plan which shall be approved by the City Engineer, prior to issuance of a building permit. b. submit a parking plan, prior to the issuance of a building permit, which illustrates the size and location of all parking spaces and planters. C. submit a site plan which shows a trash and recycle area, utility meters, and other equipment, prior to the issuance of a building permit. d. consult the City Engineering Department (920-5080) for design considerations, City Parks Department (920-5120) for vegetation alterations including tree removal, and shall obtain permits from the City Streets Department (920-5130) for any work or development within public rights -of -way, prior to commencing any of this work. 7. The Zoning Enforcement Officer identified the following items that shall be submitted prior to issuance of a building permit: a. an open space plan indicating the areas counted per the "Open Space" definition in Section 24-3-101. b. height information in accordance with Section 24-3-101 of the Land Use Regulations. 8. In order to be in compliance with the recommendations of the Water Department, the applicant shall: a. connect to the 20-inch water main in Durant Avenue and this shall be verified during the building inspection process. b. pay its proportionate share of the costs associated with the abandonment of the existing 6-inch water line in Durant Avenue. 3 c. contact the Customer Service Department (920-5031) to review the proposed plans to establish the amount of the utility connection charges and to review detailed plans to provide water service, including water metering of the proposed units. 9. A sidewalk, curb and gutter shall be installed along E. Durant and Aspen Street, prior to issuance of any Certificates of Occupancy for the project. This sidewalk shall be a concrete surface, at least five feet wide, and no obstacles within this width. 10. The applicant shall submit a Final Plat and Subdivision Agreement within 180 days of City Council review, for review and approval by the City Attorney, City Engineer, and Planning Office. 11. The Parks Department has submitted the following conditions of approval with regards to this application: a. The 8" diameter spruce tree, which is approximately 22' in height, that is proposed to be relocated on site must survive for at least 2 years after it is transplanted or be replaced with equal value. The applicant must apply for and receive a tree removal permit prior to any disturbance of this tree. b. The 22" diameter spruce tree, which is approximately 65' in height, is a significant mature tree that needs to ba saved at all costs. The applicant shall redesign the building to accommodate the health and safety of the tree's survival, prior to second reading. C. All landscaping shall be reviewed and approved by the Parks Department, prior to the issuance of any building permits. 12. All material representations made by the applicant in the application and public meetings shall be adhered to and considered conditions of approval, unless otherwise amended by other conditions. 13. Prior to the issuance of a building permit, the applicant shall submit a landscaping plan that provides visual relief of the parking spaces to be reviewed and approved by the Parks Department and Planning Office. 14. All garage aprons shall be snow melted. The Subdivision Agreement shall indicate that snow melted driveways are a common element of the free-market uses for the purposes of utility payments and maintenance. 4 15. The applicant shall redesign the entry into the affordable housing units so that there is a gabled roof that does not shed snow onto the entryway. This shall be completed prior to issuance of any building permits. Section 2: Pursuant to the concurrent text amendment revising Section 24-7-404 (B) "Off-street parking requirements" of the Municipal Code, should Council approve the text amendment in Ordinance 50, the applicant shall comply with the following condition: 1. Prior to the issuance of a building permit, the applicant shall submit a landscaping plan that provides visual relief of the parking spaces to be reviewed and approved by the Parks Department and Planning Office. Section 3: Pursuant to Section 24-6-207 of the Municipal Code, City Council does hereby grant the applicant vested rights for the 204 East Durant Subdivision site specific development plan as follows: 1. The rights granted by the site specific development plan approved by this Ordinance shall remain vested for three (3) years from the date of final adoption specified below. However, any failure to abide by the terms and conditions attendant to this approval shall result in forfeiture of said vested property rights. Failure to timely and properly record all plats and agreements as specified herein or in the Municipal Code shall also result in the forfeiture of said vested rights. 2. The approval granted hereby shall be subject to all rights of referendum and judicial review. 3. Nothing in the approvals provided by this Ordinance shall exempt the site specific development plan from subsequent reviews and/or approvals required by this Ordinance or the general rules, regulations or ordinances of the City provided that such reviews or approvals are not inconsistent with the approval granted and vested herein. 4. The establishment herein of a vested property right shall not 5 preclude the application of ordinances or regulations which are general in nature and are applicable to all properties subject to land use regulation by the City of Aspen, including but not limited to, building, fire, plumbing, electrical and mechanical codes. In this regard, as a condition of this site development approval, the developer shall abide by any and all such building, fire, plumbing, electrical and mechanical codes, unless an exemption therefrom is granted in writing. Section 4: The City Clerk shall cause notice of this Ordinance to be published in a newspaper of general circulation within the City of Aspen, no later than fourteen (14) days following final adoption hereof. Such notice shall be given in the following form: Notice is hereby given to the general public of the approval of a site specific development plan, and the creation of a vested property right pursuant to Title 24, Article 68, Colorado Revised Statutes, pertaining to the following described property: The property shall be described in the notice and appended to said notice. Section 5: A public hearing on the Ordinance shall be held on the day of , 1994 at 5:00 P.M. in the City Council Chambers, Aspen City Hall, Aspen, Colorado. Fifteen (15) days prior to the hearing a public notice of the hearing 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 day of , 1994. 6 0 • John Bennett, Mayor ATTEST: Kathryn S. Koch, City Clerk FINALLY, adopted, passed and approved this day of , 1994. John Bennett, Mayor ATTEST: Kathryn S. Koch, City Clerk • Exhibit A VANN ASSOCIATES PIanrirg Cors.;i:ants May 27, 1994 HAND DELIVERED Ms. Mary Lackner Aspen/Pitkin Planning Office 130 South Galena Street Aspen, Colorado 81611 Re: 204 East Durant GMQS Exemption Application Dear Mary: i7 As you requested, enclosed herewith is a rent schedule for the six (6) existing multi -family units located at 204 East Durant Street. This rent schedule was in place at the time the Applicant purchased the property from Ralph Melville in February of 1994, with the exception of the rental rate for Unit #4 which the Applicant reduced to its present level. With respect to the project's proposed replacement housing, the application indicates that Unit #1 will be deed restricted to APCHA's resident occupancy guidelines. As you pointed out in your May 16, 1994, letter, twenty-five (25) percent of the replacement housing units would be deed restricted to resident occupancy under this scenario. As the Land Use Code limits resident occupied units to a maximum of twenty (20) percent of the replacement housing units, the Applicant will instead deed restrict Unit #1 to APCHA's Category #2 guidelines. Should you have any questions, or if I can be of any further assistance, please do not hesitate to call. Yours truly, VANJASSOCIATES runnyiVa , AICP SV:cwv Enclosure c\bus\ciry.itr\1tr24794. ml1 230 Eas, Hopkirs Avenue • ,aspen, Coicrado 8161 1 •303.925-6958 • Fax 303, 920-9310 VANN ASSOCIATES Planning Consultants August 31, 1994 HAND DELIVERED Ms. Mary Lackner Aspen/Pitkin Planning Office 130 South Galena Street Aspen, Colorado 81611 Re: 204 East Durant GMQS Exemption Application Dear Mary: Condition #3 of the Planning and Zoning Commission's recommended conditions of approval for the 204 East Durant project requires that the Applicant provide additional information with regard to the disposition of the on -site affordable housing units prior to City Council first reading. As presently envisioned, the Applicant intends to condominiumize both the four (4) free market units and the four (4) affordable housing units. Under the current marketing plan for the project, an affordable housing unit will be included in the sales price of each free market unit. The purchaser will then have the option of renting or selling the affordable housing unit subject to the terms of the approved deed restriction. Given the nature of the project, it is anticipated that the majority of the owners of the free market units will elect to rent their respec- tive affordable housing units to qualified tenants. With respect to your draft conditions of approval, i would appreciate it if you attempt to clarify the Applicant's obligation under condition #8.b. to pay a pro- rata share of the cost of abandoning the existing six inch water line located in Durant Avenue. I have enclosed a letter from Schmueser Gordon Meyer which memorializes a conversation which Jay Hammond had with Phil Overeynder regarding this matter. It would be helpful if we could eliminate any potential confusion which might arise as to the intent of the condition in question. The remainder of the conditions are acceptable as drafted. As you know, I will be out of town until September 18. In my absence, Doug Allen will be present at the September 12 City Council meeting. I would appreci- ate it if you would provided Doug with a copy of your Council memorandum 230 East Hopkins Avenue • Aspen, Colorado 81611 •303/925-6958 • Fax 303/920-9310 Ms. Mary Lackner August 31, 1994 Page 2 when it is available so that he may prepare for the meeting. You may also call him at 925-8800 should you have any questions. Yours truly, TES T cc: Douglas P. Allen, Esq. c:\bus\6ty.ItrVtr24794.m13 1J 0 EXHIBIT B Review criteria GMQS Exemptions for Multi -family Replacement (Section 18-3.3) (a) Minimum replacement requirement. In the event of the demolition of resident multi -family housing, the owner shall be required to construct replacement housing consisting of no less than fifty (50) percent of the square footage of net residential area demolished or converted. The replacement housing shall be configured in such a way as to replace fifty (50) percent of the bedrooms that are lost as working resident housing by demolition. A minimum of fifty (50) percent of the replacement housing shall be above natural grade. The replacement housing shall be deed restricted as affordable housing in accordance with the requirements of Article IV, below. Response: The existing multi -family structure, which is proposed to be demolished, is 3,925 sq.ft. of net residential area. The proposed replacement net residential area is 2,650 sq.ft. This represents a 68% replacement which exceeds the 50% requirement of this standard. The structure that is slated to be demolished contains nine bedrooms, and the replacement affordable housing units will include five bedrooms. This exceeds the requirement that 50% of the bedrooms shall be replaced. Although the existing units are above grade, this provision permits 50% of the replacement units to be below natural grade. Of the four replacement units, two will be above grade and two will be at a garden level partially below grade. Fifty-five percent of the replacement square footage and 50% of the units are located partially below grade. Floor plans are included in Exhibit "A". (b) Location of replacement housing. Multi -family replacement units shall be developed on the same site on which demolition has occurred..... Response: The proposed replacement units are being developed on the same site that the existing units are located. (c) Timing and quality of replacement unit. Replacement units shall be available for occupancy at the same time as the new unit or units, regardless of whether the replacement units are built on -site or off -site, and shall contain fixtures, finish and amenities required by the housing designee's guidelines. Response: The application does not address the timing of occupancy for the affordable housing units, however because of the integrated nature of the affordable units within the townhome complex it appears that they will be available for occupancy at the time of the free market units. The applicant will need to obtain approval from the Housing Office as to the quality of fixtures, finish, and • amenities of the affordable housing units, prior to the issuance of any building permits for the project. Article IV. Rental and Resale Restrictions Replacement units shall be subject to deed restriction in a form and substance acceptable to the city council. Such deed restricted units may only be rented or sold to tenants or buyers who meet the city's qualifications in effect at the time of sale or rental, and at sale prices or rental rates which are also in compliance with the city's current regulations. The owner shall be entitled to select tenants or purchasers subject to the aforementioned qualifications. The mix of affordable housing units, as between low, moderate, and middle income, or resident occupied, may be determined by the owner, provided no less than twenty (20) percent of the bedrooms qualify as low income and no more than twenty (20) percent of the units are available as resident occupied units. Response: The applicant will need to meet the deed restriction requirements for the occupancy of the affordable housing units. The applicant has submitted an amendment to the application which states that the proposed resident occupied unit will be a Category #2 unit. Therefore, the redeveloped affordable housing units will contain 20% low income bedrooms and 80% low/moderate income units. This unit mix exceeds the minimum requirements of the Code. In summary, the applicant is proposing the following units to be deed restricted: Unit 1 Category #2 (2 bdrm, 850 net livable sq.ft.) Unit 2 Category #1 (1 bdrm, 600 net livable sq. ft. ) Unit 3 Category #2 (1 bdrm, 600 net livable sq. ft. ) Unit 4 Category #2 (1 bdrm, 600 net livable sq. ft. ) 2 subdivision (24-7-1004) Aspen Municipal Code requires that all division of l of land and and tbe he The p units on a single parcel development of multi -family regulations. The applicant will be subject to the Subdivision condominimization approvals once the townhomes are under n how the seeking Although the applicant has not decided ° at d that construction. be structured, it is anticip condominization will finally efore, future purchasers wan ill buy a the four free market units will each be condominimized withhave affordable housing unit. Ther which h free market unit and.a fully deed restriction unit, mandatory occupancy, income, and rental restrictions. Section 24-7-1004.0 sets the following review standards for subdivision applications: l.a. The proposed subdivision shall be consistent with the Aspen Area Comprehensive Plan. Area ity Plan Response: The only reference the Aspen Recreationnand Environment Rasp primary makes to this property is the Open Sp Action Plan. This plan identifies East Durant as a pedestrian commuter route. The applicant has committed to sl en Street in front of this project - sidewalks on E. Durant and Asp osed subdivision shall be consistent with the i.b. The pro P character of existing land uses in this are . Response: The surrounding parcels on Durant and Aspen Streets are e Tourist Residential) with similar densities also zoned L/TR (Lodg / The proposed subdivision is in residential and lodge buildings. rrounding land uses. consistent wisu th the character of existing to be removed would The 22" spruce tree which is proposed negatively impact the character of ahlsignificant neighborhood. asset h to tree, g 65 feet high, i1 recommend approximately structure be redesigned to accommodate the tree' s neighborhood. TheParksDepartment and staff strongly that the proposed s survival in its exilocation. sting affect the future 1.c. The proposed subs =shallision rounding areast adversely development o of this project there is a mix Response: In the immediate fromcinity various time periods and in varying of residences and lodgesproject, there will probably be physical conditions. As with this prof using any some other properties that will be this q pest oa erp the next several years. Staff does no see adverse affects on future development of surrounding properties. with all 1.d. The proposed subdivision shall be in compliance 3 applicable requirements of this chapter. Response: All development associated with this project will be required to comply with the requirements of the L/TR zone district and relevant provisions of the Aspen Land Use R 1ons on garage applicant is seeking a text amendment to permit parking aprons, however, no other variances are being requested. 2.a. The proposed subdivision shall not be located on land unsuitable for development because of flooding, drainage, rock or soil creep, mudflow, ro other a naturalnche or hazard sorwsother steep topography or any safety, or Y� condition that will be harmful to c ed subdivision. welfare of the residents in the prop Response: None of these natural hazards will affect the proposed development. 2.b. The proposed subdivision shall not be designedduplication create or spatial patterns that cause inefficiencies, premature extension of public facilities and unnecessary public costs. Response: Since this project is a redevelopment of an existing building, no inefficient spatial patterns, premature extension of public facilities or unnecessary public costs will be created by primary infrastructure to serve the proposed development. The p a is already in place. However, development in the East Durant are sanitary upgrades as the applicant is required to pay for some indicated by the ACSD letter. The applicant will need to submita Final Plat andSubdivisio/PU Agreement within 180 days of CityCouncil review, n if the p jec is approved. 4 • • Exhibit, C Aspen Consolidated Sanitation District 565 North Mill Street Aspen, Colorado 81611 Tele. (303) 925-3601 Sy Kelly - Chairman Albert Bishop - Treas. Louis Popish - Secy. June 6, 1994 Mary Lachner Planning Office 130 S. Galena Aspen, CO 81611 Re: 204 E. Durant GMQS Exemption Dear Mary: FAX #(303) 925-2537 Michael Kelly Frank Loushin Bruce Matherly, Mgr. The Aspen Consolidated Sanitation District currently has sufficient treatment capacity to serve this proposed development. There are downstream constraints in the area of First street that the District will need to alleviate. The improvements needed downstream will be funded through development impact fees, which will be in addition to our normal total connection charges. Service is contingent upon compliance with the District's Rules Regulations and Specifications which are on file at the District office. The total costs of connection can be estimated once detailed plans are available and a tap permit is completed. Please call if you have any questions. Sincerely, Bruce Matherly'J District Manager EPA AWARDS OF EXCELLENCE 1976 - 1986 - 1990 REGIONAL AND NATIONAL • Exhibit Memorandum To: Mary Lackner, Planning Office From: Cris Caruso, City Engineer Date: June 16, 1994 RE: 204 East Durant GMQS Exemption, Subdivision, and Test Amendment Upon review of the above referenced application and site inspection, the Engineering Department has the following comments: Parking: The on -site parking spaces appear adequate in number and function if "stacking" is permitted. Confirm condition with the Zoning Department. The parking spaces may not extend into the public right-of-way. Site Drainage: The applicant is advised that storm run-off from the property or structures thereof must be kept on the applicant's property and may not be drained to the alley or adjacent streets. Trash Storage: The final development plan must indicate a trash storage area which may not be placed in the public right-of-way and should be indicated as a "trash and recycle" area. Any trash and recycle areas that include utility meters or equipment must provide that these remain unblocked by trash or recycle containers. Vegetation: It is preferred that vegetation and trees be preserved by the applicant. Bushes located in the right-of-way along Durant Avenue could be saved even with construction of the sidewalk. The site plan submitted indicates that a seventy feet tall spruce tree is to be removed as part of the development. Measures should be taken to avoid destroying this historic tree. A permit is required to remove any tree over six inches in diameter. The property owner is responsible for landscaping any right-of-way area which is disturbed by construction and maintenance of the right-of-way area adjacent to the property. Right-of-way work must be approved by the appropriate agencies. Encroachments: The encroaching fences and shed must be removed per the development site plan. Any new structures must be placed within property limits. Any new utility equipment must be placed within property limits. Sidewalks, Curbs & Gutters: Per Section 19-98, a certificate of occupancy shall not be issued until sidewalks have been constructed. An existing sunken section of curb and gutter along the south property line, which may be above a water service, must be repaired per Section 19-103. Prior to commencing work within the public right-of-way, the applicant shall consult the City Engineering Department (920-8040) for design considerations, City Parks Department (920- 5120) for vegetation alterations including tree removal on private property, and shall obtain permits from the City Streets Department (920-5130) for any work or development within public rights -of -way. 94004sub.ref r� 0 Exhibit E MEMORANDUM TO: Mary Lackner, Planning Office FROM: Cindy Christensen, Housing Office DATE: June 17, 1994 RE: 204 East Durant GMQS Exemption, Subdivision and Text Amendment Parcel ID No. 2735-131-05-002 ISSUE: The applicant is requesting an exemption from the City's growth management quota system (GMQS) for the reconstruction of four multi -family dwelling units, located at 204 East Durant Avenue. A GMQS exemption for the provision of four on -site, affordable housing units is also be requested. I will be addressing this issue. BACKGROUND: The applicant is proposing to provide four on -site affordable housing units on the project's middle and lower levels. The project's lower level will contain one 600 square foot, one bedroom unit and one 850 square foot, two bedroom unit. The middle level will contain two 600 square foot, one bedroom units. The specific requirements of the Resident Multi -Family Housing Replacement Program are as follows: 1. A minimum of 50% of the net residential area demolished must be replaced as deed restricted affordable housing. 2. The replacement housing must be configured in such a manner as to replace 50% of the bedrooms which are lost through demolition. 3. A minimum of 50% of the replacement housing must be above natural grade. 4. The replacement housing must be developed on the same site on which the demolition occurred unless it can be demonstrated that the replacement of the units on -site would be incompatible with adopted neighborhood plans or existing site constraints. 5. The income and price categories of the replacement housing units may be determined by the applicant provided, however, that a minimum of 20% of the bedrooms are deed restricted to low income guidelines and no more than 20% of the units are restricted to resident. • RECOMMENDATION: The Housing Office recommends approval of this request as the applicant is proposed to provide the following: 1. 3,925 square feet is being demolished and being replaced by 2,650, over the requirement to be replaced. 2. 50% of the bedrooms must be replaced. Ten bedrooms are being demolished and five bedrooms are being replaced. 3. 50% of the replacement housing must be above grade. Although not quite 50% of the replacement is above grade, the other units are partially above grade. 4. The replacement housing is being developed on the same site. 5. The applicant is proposing one Resident Occupied category unit, one Category 1 unit and two Category 2 units. This breakdown is in line with the requirement. If approved, the Housing Office would require the applicant sign and record Deed Restrictions for each unit, � restricting the units as Resident Occupied for Unit 1, Category 1 for Unit 2 and Category 2 for Units 3 and 4. The Housing Office will provide the deed restrictions for recording to the applicant. The Housing Office must have the recorded book and page number prior to building permit approval. \word\referra1\204E0UR.EM 2 • Exhibit F MEMORANDUM TO: MARY LACKNER, ASPEN/PITKIN PLANING OFFICE FROM: PHIL OVEREYNDER, WATER DIRECTOR SUBJECT: 204 EAST DURANT GMQS EXEMPTION DATE: JUNE 27, 1994 Thank you for the opportunity to review the above referenced application. The Aspen Water Department has the following comments. The proposed project is located within the Aspen City limits and will be served by the Aspen Water Department pursuant to adopted City Water Policy. There is sufficient water capacity to serve expected development within the City. The application states (page 22) that water service will be through a connection to either a 6-inch or 20-inch water main located in the Durant Avenue right-of-way. The 6-inch main in Durant Avenue is a redundant facility which only provides service on a dead end portion of the line. The Water Department recommends that service be provided by connection to the 20-inch water main. It is further recommended that the 6-inch cast iron water main be abandoned on the subject block of Durant Avenue, and that existing water connections on this block be relocated to the 20-inch line in order to provide reliable water service to the area and eliminate existing redundant facilities which increase the risk of failure of the water distribution system adjacent to the project. The project should be conditioned to pay its proportionate share of the costs of abandonment. It is recommended that the project engineer contact the Customer Service Department at 920- 5031 to review the proposed plans to establish the amount of the utility connection charges and to review detailed plans to provide water metering service, including water metering of the proposed units. cc: Larry Ballenger Kris Everhart PO: rl 1phiUdurant.gmga Exhibit G MEMORANDUM TO: Mary Lackner FROM: Bill Drueding RE: 204 E. Durant GMQS Exemption DATE: June 29, 1994 1. A tree removal permit and a landscape plan will be required. 2. The applicant shall furnish an open space plan indicating the areas counted per the "Open Space" definition in Section 3- 101. 3. The applicant shall provide a parking plan. 4. Height shall be calculated per the "Height" definition in Section 3-101. 5. Stairs over 30 inches are not permitted in setbacks [Section 3-101, Yards (A)(5)]. The renderings provided are conceptual. Detailed drawings shall address the issues noted above. • Exhibit H MEMORANDUM TO: Mary Lackner, Planning Office FROM: George Robinson, Parks Director`Y DATE: June 30, 1994 RE: 204 E. Durant GMQS Exemption, Subdivision & Text Amendment The Parks Department has concerns related to three issues: the spruce tree on Durant Street to be relocated, the spruce tree on Aspen Street to be removed, and sidewalks. 1) The 8" diameter spruce tree, which is approximately 22' in height, that is proposed to be relocated on site must survive for at least 2 years after it is transplanted or be replaced with equal value. 2) The 22" diameter spruce tree, which is approximately 65' in height, is a significant mature tree that needs to be saved at all costs. Consider redesigning the building to accommodate the health and safety of the tree's survival. No construction should occur within the dripline of the tree. If this is not possible, the only alternative would be to relocate the tree off -site at the owner's expense and donate to the City of Aspen Parks Department or the Golf Course. Location of site to be determined by the City of Aspen. This requires that the tree survive at least two years after it is moved or be replaced with equal value. 3) Sidewalks need to comply with the City of Aspen guidelines from the adopted 1990 Pedestrian Walkway and Bikeway System Plan. Major issues are: a) concrete surface, and b) at least 5 feet in width with no obstacles within this width. 1 # ftfQ& rid: WT (SERIFS OF 1994) AA ORDINANCE OF'ntE CRY OF ASPEN GRANT- ING 6MQS EE(FJVIPTTON FOR TIE CONSIRL(TK)N OF FOUR AFFORDABI 1. HOUSING UNITS AND FOUR FREE MARKET I)WELLING UNITS UNDER THE MULTIFAMILY HOUSING REPLACEMENT PRO- GRAM, SUBDIVISION APPROVAL AND VESTED RIGHTS FOR A PFRIOD OF T11RFE YEARS FOR TIIE 204 FAST DUIRAN'T PROJF-Cr W1IICt1 IS t (GATED WITHIN BLOCK 77. LOTS R. 1, M, N. AND 0, CrlY AM) TOW NSITE OF ASPFN WHEREAS, pursuant to Chapter 18.3 3 of to Aspen Municipal Code, an applicant may recon- struct a multi -faintly housing project If the project meets the criteria of this provision of the Aspen Municipal Code. and WIRRFAS, pursuant to Section 247-10O1(C) of the Aspen Municipal Code, City Council grants final sub division approval: and WHEREAS, pursuant to Section 24b-207 of the Aspen Municipal Code, City Council may grant vest - Ingot development rights for a site starcific develop- ment meat Ilan for a period of three years from the date of Opal development plan approval, aryl WI IFJLFAS, SGA Aspen I)mlted IJablfity Company, c/o permit Allen. (jApnlicant', as represented by Sunny Vanu, subnilticd .1 applOcarino In the Plan ning O0i-e reoluesling constnKtlon of eight (hvelling units under the resident muill-family housing replacement program, subdivision, vested rights. and a text amendment to allow parking on garage aprons in muill family prujats; aril %%IHEREAS, lite'2O1 Fist Durant project is located within the Li DR zone district and meets the dinleo- skolal requirements of this zone district: and W31iRFAS, the (Manning and Zoning Commission considered Ole applicant's request at a public hear- Ing on July 51h and August 2, 199.1, at which little they recommended approval to City Council for the - replacement housing project and the text amend mein. Ilie Commission also granted Special Review approval for parking for the affordable dwelling units. The Commission also granted Special Review approval for apron parking haled on the proposed text amendment, should City Council approve the proposed text amendment. The Commission's coo- dui ons are detailed in Resolution 94- . and WIIFRIE, AS, the Commission voted 1-0 to recommend approval to City Cotmcd for the replacement lious- Ing project and subdhision, and voted M to recunr mend approval for tie text amendment. NOW, THEREFORE, BE IT ORDAINED BY THE Cl IY COUNCIL OF THE Cl IY OF ASPEN, COL- ORADO Section I: Pursuant to Section 247-1(1O1(C) of One Municipal Cade. City Cocncil does hereby grant [he applicant Subdivision approval subject to Ile fuilow- Ing condltluus: I. 'the replacement affordable housing units shall be filly deed restricted as follows: Unit 1 Category 02 (2 bolnn, 850 net livable sit ft.) Unn 2 Category M I (1 lxlmn. 600 net livable sq. ft.) Unit 3 Category s2 (I lodlnn. 600 net livable sit. 1,11 Unit 4 Category 02 (1 b dnn, 600 net livable sq. fi.) 2. Tile applicant will reed to obtain approval from the Haring Office as to the quality of Ilxtures, finish, and aruenoles of the affordable housing units, prior to the Issuance of any buikiing permits for the pro- ject. 1 City Council must approve the applicant's method of honing mitigation. Issues regarding sale, ownership, and sutxlivisko of tie affordable hous- Ing replacement units most be submitted for review and approval by City C(luncll, prior to second readd- Ing 4. Prior to Issuance of any building permits. the applicant shall record tie deed restrictions for the affordable housing units and forward a copy to the Planing Office. 5. As recommended by the Aspen Rre Protection District- the applicant shall have a residential sprtrt kder and alarm system Installed in the proposed structure. These systems shall be Identified on the building plans. 6. As recommended by the City Engineer In his memo dated June I6, 1994 to applicant shall: a. provide a drainage plan which shall be approved by the City Engineer, prior to issuance of a building permit. b. submit a par)dng plan, prior to the issuance of a building Pernik, which illustrates the size and Inca tk)n of all paridng spaces and planters. c. submit a site plan which shows a trash and recycle area. utility meters, and other equipment, prior to the issuance of a building permit. d. consult Lire City Fngineedng Department (920 5090) for design considerations, City Parks Leparl- ment (9205120) for vegetation alterations i nchxding tree removal, and shall obtain permits from lire City Streets Department (9205130) for any work or development within public rights-ol-way, prior to mmnlencing any of this work 7. the Zeoing Enforcement Officer Identified the following items Ilia[ shall be submitted prior to Issuance of a building pernit: 0 0 Public Notice Exhibit I 1" The As/)en Times • Suhfrdlly.ti'und(iv, Seplember 1718, 1994 a. an open space plan hw0cathlg the areas cant et per the -()pen Space' (efinilkm In Seddon 21-3- lot. b. height Iufonuatlon In accordance with Secoou 241101 of the land Use RV ilatios. 8 In order to le iu compliance with the recom- mendatkus (A the Water Department. the applkant stall: a. connect to the 2Wnrh water main In Duran[ Avenue and this shall be venlied during llte building inspection process. b. pay its proportionate share of tie costs assocF ated with the abandonment of the existing 6inch water Ile on Durant Avenue. c. contact the Customer Service Department (920 9131) to re i lew the proposed plans to establish the amount of the utility connection charges and) to review detailed plans to provide water service, Including water metering of the proposed omits. 9 A sidewalk curb and gutter shall be Installed along E. Drrant and Aspen Slreel, prior to issuance of any Certificates of Occupancy for [be project. This sidewalk shall to a concrete surface. at least five feet wile, arxd no obstacles within this width. 10. The applicant shall submit a Float Plat and Subdivision Agreement within 180 days of City Council review, kr review and approval by the City Attorney, City Engineer, and Planning Office, I I- The Parks Department has submitted the foF lowing conditions of approval with regards to this application: a. The 8' diameter spruce tree, which Is appro6 matety 22' in height, dal Is proposed to be relocat- ed on site must survive for at least 2 years after It Is transplanter) or be replaced with equal vahe. The applicant must apply for and receive a tree removal permit prior to any disturbance of this tree. b. ne 22" dlameur spruce tree, which Is approxl malely 65• In height, is a significant mature tree that needs to to saved at all costs. The applicant shall redesign the building to accommodate the health and safety of the tree's survival, prior to second reading. c. All landscaping shall be reviewed and approved by the Parks Department, prior to the Issuance of any building permits. 12 All material representations made by the appll cant in the application and public meetings shall be adhered to and considered conditions of approval, unless otherwise amended by other comlillons. 13 Prior to One Issuance of a building pemlt, the applicant shall submit a landscaping plan that pro- vides visual relief of the parking spaces to be reviewed and approvedl by the Parks Department and Planning Office, 14. All garage aprons shall be snow melted. The Subdivision Agreement shall indicate that snow melted driveways are a common element of the free- market uses for the purposes of utility payments and maintenance. IS The applicant shall redesign the entry Into the affordable housing units so that there Is a gabled rat that does not shed snow onto the entryway. This shall be completed prior to issuance of any building permits. Section 2: Pursuant to lire concurrent text amend ment revising Section 21-7-101 (B)'O11-street park- Ing requirements' of [he Municipal Code, should Council approve [he text amendment In Ordinance —, the applicant shall comply will, the following condition: 1. Prior to the issuance of a building permit, lite applicant silidl submit a landscaping plan that pro- vides visual rellel of fire iu,rklnif spares to be revW-11 v. l,l by o., t'arlu Ih•r..0 uurnt and I'lanuint ( llhce. Section 3: Pursuant to Section 2.1 6-207 of the Municipal Code. City Council dlues hereby grrant the applicant vested rights for the 201 Est D tart Sub division site sjwtilic development pian as klkows I. The rights gr:uted by floe site specific deveklp} ment plan approved by this Ordinance shall rennin vested for three (3) years front the date of final adoption specified belowhowever, any failure to able by the [enns and conditions attendant Ili this approval shall result in forfeiture of said vested property rights. Failure to timely and property record all plats and agreements as specified herein or in lire Muntcip�d Corte shall also result In the for- (eittre of said vested rights. 2 The approval granted hereby shall be subject to all rights of referendum aril judicial review. 3 Nothing In file approvals provided by this Ordl nance shall exempt the site specific development plan from subsequent reviews and/or approvals required by [his Ordinance or the general nles, reg- ulallons or ordinances of the City provided that such reviews or approvals are not Inconsistent with the approval graoted aoxl vested herein. 4 The establishment herein of a vested property right shall not preclude file application of ordt. trances or regulations which are general in nature and are applicable to all properties subjdtit to land use regulation by the City of Aspen, Including but not limited to, building, fire, phnmbing, electrical and mechanical cores In Ohs regard. as a condition of this site development approval, the developer shall abide by any and an such building, lire, pluntbing, electrical and mechanical codes, unless all exenq} lion therefrom is granted In writing. Section 4: The City Clerk shall cause notice of this Ordinance to toe published In a newspaper of gener. at cocitlation within the City of Aspen, no later than lourteen (14) days following final adoption hereof. Stich notice shall to given In the following form: Notice Is hereby given to tie general public of live approval of a site specific development plan, and the creation of a vested property right pursuant to The 24. Article 68. Colorado Revised Statutes, per. taining to the following described property The property stall be describer) In the notice and appended to said notice. Section 5: A public hearing on the Ordinance shall be held on the I 1 day of Oct.. 1994 at 5.00 P fit. in the City Council Chambers, Aspen City Hall, Aspen, Col- orado. Fifteen (I5) days prior to the hearing a public notice of the hearing slap be published In a newspa per of general circulation within the City of Aspen. INTRODUCED, REAL) AND ORDFRFD pUnj.61OFA as provided by law, by the City Council of the City of Aspen on the 12 day of Sept.. 199-1. John Bennett, Mayor ATTEST: Kathryn S. Koch, City Clerk FINALLY, adkopted, passel and approved this — day of — . 1994 John Bennett, Mayor ATTEST: Kathryn S. Koch, City Clerk Published In The Aspen Times on September 16. 1994. MEMORANDUM VJ(d TO: Mayor and Council THRU: Any Margerum, Ci y Manage THRU: Stan Claus unity Development Director FROM: Mary Lackner, Planner DATE: October 11, 1994 RE: Text Amendment for Parking on Garage Aprons - 2nd Reading of Ordinance 50, Series 1994 ----------------------------------------------------------------- ----------------------------------------------------------------- SUMMARY: This text amendment was submitted in conjunction with the 204 East Durant project in which the applicant seeks to demolish an existing six unit multi -family project and replace it with an eight unit multi -family structure. The text amendment proposes garage aprons to be used as legal parking spaces in multi -family projects that do not share common parking. APPLICANT: SGA Aspen Limited Liability Company, c/o Doug Allen, represented by Vann Associates, Mr. Sunny Vann. APPLICANT'S REQUEST: The applicant is seeking the text amendment to permit the garage apron to be considered a legal parking space so that this project can meet the requirements of the Aspen Municipal Code. The Code allows parking on garage aprons for single family and duplex structures, but prohibits it in multi- family projects. Please refer to the complete application package in Exhibit "A". CONSISTENCY WITH THE ASPEN AREA COMMUNITY PLAN: The AACP does not refer to this type of request. PREVIOUS COUNCIL ACTION: None. CURRENT ISSUES: The applicant's request for the text amendment is supported by the Planning Commission and staff. Staff has recommended in the new text language that planter areas be integrated into the design of these multi -family parking areas to reduce their auto -dominance appearance. Although the Planning Commission approved the special review for apron parking (subject to Council's approval of the text amendment), this applicant was unable to meet the width of planter space recommended in the text amendment. Staff has some concern that the type of screening vegetation to be planted in these planters will be limited. RECOMMENDATION: The Planning and Zoning Commission and staff recommend approval of the Text Amendment to permit parking on garage aprons with the following text: • • Section 5-302 "Characteristics of off-street parking spaces and access to street or alley" is amended by the addition of language in paragraph A., to read as follows: A. General. Each off-street parking space shall consist of an open area measuring eight and one-half feet (8-1/2') wide by eighteen feet (181) long and seven feet (71) high with a maximum slope of twelve (12) percent in any one direction. Each parking space, except those provided for detached residential dwellings and duplex dwellings, shall have an unobstructed access to a street or alley. Off-street parking provided for multi -family dwellings which do not share a common parking area may be exempted from the unobstructed access requirement subject to Special Review pursuant to Art. 7. Div. 4. No driveway shall exceed a maximum slope of twelve (12) percent within twenty feet of a property line bordering a public or private right-of-way. Off-street parking must be paved with all-weather surfacing or be covered with gravel and maintained in a usable condition at all times. Section 7-404 (B) "Off-street parking requirements" has the following paragraph added: 3. Off-street parking provided for multi -family dwelling units which do not share a common parking area is not required to have unobstructed access to a street or alley, but may consist of garage area, parking strip or apron provided that the applicant demonstrates that adequate landscaping will be installed to reduce the parking's visual impact. Developments consisting of three or more dwelling units shall install one (1) planter buffer per three parking spaces. Planter buffers shall be a minimum of ten (10) feet long by two and one-half (2-1/2) feet wide by two (2) feet high unless otherwise varied by the Commission. The location and dimensions of the planters may also be varied by the Commission based on site specific circumstances provided that no fewer than one (1) planter buffer is provided per three (3) off-street parking spaces. PROPOSED MOTION: "I move to approve second reading of Ordinance 50, Series of 1994 for the text amendment for permitting parking on garage aprons." 2 CITY MANAGER COMMENTS: EXHIBITS: Ordinance 50, Series 1994 "A" Application Information "B" Staff responses to review criteria "C" Public Notice ORDINANCE NO. 50 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO AMENDING CHAPTER 24 OF THE MUNICIPAL CODE, LAND USE REGULATIONS, TO PROVIDE A PLANNING AND ZONING COMMISSION SPECIAL REVIEW TO PERMIT PARKING ON GARAGE APRONS IN MULTI -FAMILY PROJECTS SUBJECT TO NEW REVIEW CRITERIA ESTABLISHED IN SECTION 24-5-302(A) AND SECTION 24-7-404(B) WHEREAS, Section 24-7-1103 of the Municipal Code provides that amendments to Chapter 24 of the Code, to wit, "Land Use Regulations", shall be reviewed and recommended for approval by the Planning Director and then by the Planning and Zoning Commission at a public hearing, and then approved, approved with conditions, or disapproved by the City Council at a public hearing; and WHEREAS, the Planning Director did receive from SGA Aspen Limited Liability Company an application for an amendment to the land use regulations, and reviewed and recommended for approval, certain text amendments to Chapter 24 relating to Section 5-302 Characteristics of off-street parking spaces and Section 7-404(B) Off-street parking requirements; and WHEREAS, the Planning and Zoning Commission reviewed the proposed text amendment, in conjunction with the applicant's development application, on July 5, 1994, and August 2, 1994, at which time the Planning and Zoning Commission recommended approval to City Council by 8-0; and WHEREAS, the City Council finds that the text amendment will allow and promote compatibility of zone districts and land uses with existing land uses and neighborhood characteristics and will be consistent with the public welfare and purposes and intent of Chapter 24 of the Municipal Code. • 0 NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1• Section 5-302 "Characteristics of off-street parking spaces and access to street or alley" of Chapter 24 of the Municipal Code of the City of Aspen, Colorado, is hereby amended by the addition of language in paragraph A., to read as follows: A. General. Each off-street parking space shall consist of an open area measuring eight and one-half feet (8-1/2') wide by eighteen feet (181) long and seven feet (71) high with a maximum slope of twelve (12) percent in any one direction. Each parking space, except those provided for detached residential dwellings and duplex dwellings, shall have an unobstructed access to a street or alley. Off-street parking provided for multi -family dwellings which do not share a common parking area may be exempted from the unobstructed access requirement subject to Special Review pursuant to Art. 7. Div. 4. No driveway shall exceed a maximum slope of twelve (12) percent within twenty feet of a property line bordering a public or private right-of-way. Off-street parking must be paved with all-weather surfacing or be covered with gravel and maintained in a usable condition at all times. Section 2• Section 7-404 (B) "Off-street parking requirements" of Chapter 24 of the Municipal Code of the City of Aspen, Colorado, is hereby amended by the inclusion of a new paragraph, which shall read as follows: 3. Off-street parking provided for multi -family dwelling units which do not share a common parking area is not required to have unobstructed access to a street or alley, but may consist of garage area, parking strip or apron provided that the applicant demonstrates that adequate landscaping will be installed to reduce the parking's visual impact. 2 Developments consisting of three or more dwelling units shall install one (1) planter buffer per three parking spaces. Planter buffers shall be a minimum of ten (10) feet long by two and one-half (2-1/2) feet wide by two (2) feet high unless otherwise varied by the Commission. The location and dimensions of the planters may also be varied by the Commission based on site specific circumstances provided that no fewer than one (1) planter buffer is provided per three (3) off-street parking spaces. Section 3• 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 conducted and concluded under such prior ordinances. Section 4• 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 5: A public hearing on this Ordinance shall be held on the day of , 1994 in the City Council Chambers, Aspen City Hall, Aspen, Colorado, fifteen (15) days prior to which a hearing of public notice of the same shall be published in a newspaper of general circulation within the City of Aspen. 7 • INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the day of , 1994. John Bennett, Mayor ATTEST: Kathryn S. Koch, City Clerk FINALLY, adopted, passed and approved this day of , 1994. ATTEST: Kathryn S. Koch, City Clerk 4 John Bennett, Mayor VANN ASSOCIATES Planning Consultants July 18, 1994 HAND DELIVERED Ms. Mary Lackner Aspen/Pitkin Planning Office 130 South Galena Street Aspen, Colorado 81611 Re: 204 East Durant GMQS Exemption Application Dear Mary: Exhibit A JUL 19 J'd Outlined below is my attempt at drafting alternative text for the off-street parking amendment which has been proposed in connection with the 204 East Durant project. Please note that the revised text requires special review approval from the Planning and Zoning Commission in order to provide parking which does not have unob- structed access to a public street or alley. The revised version also includes your recommendation that landscaped planters be installed to reduce potential visual impacts. As multi -family dwellings are defined as three (3) or more units, the proposed amendment requires the installation of one planter per three (3) parking spaces. The location and dimensions of the planters, however, may be varied by the Commission based on site specific circumstances of each project. The suggested revisions to Section 5-302 of the Land Use regulations are redlined as follows. Sec. 5-302. Characteristics of off-street narking spaces. A. General. Each off-street parking space shall consist of an open area measuring eight and one-half feet (8-1/2') wide by eighteen feet (18') long and seven feet (T) high with a maximum slope of twelve (12) percent in any one direction. Each parking space, except those provid- ed for detached residential dwellings and duplex dwellings, shall have a public unobstructed area for access to a street or alley. 0.-met requtrerte ftict� Speal Revs pursue to A, :1J 4 No .. driveway shall exceed a maximum slope of twelve (12) percent within 230 East Hopkins Avenue - Aspen, Colorado 81611 •303/925-6958 • Fax 303/920-9310 C� • twenty (20) feet of a property line bordering a public or private right- of-way. Off-street parking must be paved with all-weather surfacing or be covered with gravel and maintained in a usable condition at all times. In addition, Section 7-404 must be revised to provide for special review by the Commission. The following paragraph is suggested to be added to this section of the Regulations. Sec. 7-404. Review standards for Special Review. B. Off -Street parking requirements. 3. Off-street parking provided for multi -family dwelling units which do not share a common parking area is not required to have unobstructed access to a street or alley, but may consist of garage area, parking strip or apron provided that the applicant demonstrates that adequate landscaping will be installed to reduce the parking's visual impact. Developments consisting of three or more dwelling units shall install one (1) planter buffer per three parking spaces. Planter buffers shall be a minimum of ten (10) feet long by two and one-half (2-1/2) feet wide by two (2) feet high unless otherwise varied by the commission. The location of the planters may also be varied by the Commission based on site specific circumstances provided that no fewer than three (3) planter buffers are provided per three (3) off-street parking spaces. Should you have any questions, or if I can be of any further assistance, please do not hesitate to call. Yours truly, VANVASSOCIATES Sunny Vann, AICP SV:cwv cc: Douglas P. Allen, Esq. cAbus\ciry.ttrUv24794.m12 • Exhibit B Text Amendment (Section 24-7-1101) The applicant is seeking approval of a text amendment that would consider automobile parking spaces on garage aprons to be legal spaces. The City of Aspen permits single family and duplex units to utilize these garage aprons as legal parking spaces (See Section 24-5-302 C. below). Aprons are a logical place to park a car because they are usually paved and provide easy access to the entrance of a residence. The Code does not permit the use of garage aprons for legal parking spaces for multi -family projects (See Section 24-5-302 A. below). The primary reason this is not permitted for multi -family projects is vehicles belonging to different units would be stacked together and could block each other. The layout of the 204 E. Durant project would allow stacking of automobiles from the same unit. This proposed text amendment will only affect multi -family developments. The text language proposed by the applicant follows (it remains as currently written except for the added sentence which is highlighted): A. General. Each off-street parking space shall consist of an open area measuring eight and one-half feet (8-1/2') wide by eighteen feet (181) long and seven feet (71) high with a maximum slope of twelve (12) percent in any one direction. Each parking space, except for those provided for detached residential dwellings and duplex dwellings, shall have an unobstructed access to a street or alley. off-street parking provided for multi -family dwellings which do not share a common parking area may be exempted from the unobstructed access requirement subject to Special Review pursuant to Art. 7, Div. 4. No driveway shall exceed a maximum slope of twelve (12) percent within twenty feet of a property line bordering a public or private right-of-way. Off-street parking must be paved with all-weather surfacing or be covered with gravel and maintained in a usable condition at all times. Since this code amendment requires that Special Review be granted, the following paragraph will be added to the Special Review provisions of the Regulations. Sec. 7-404 Review standards for Special Review B. Off-street parking requirements. 3. Off-street parking provided for multi- family dwelling units which do not share a common parking area is not required to have unobstructed access to a street or alley, but may consist of garage area, parking strip or apron provided that the applicant demonstrates that adequate landscaping will be installed to reduce the parking's visual impact. Developments consisting of three or more dwelling units shall install one (1) planter buffer per three parking spaces. Planter buffers shall be a minimum of ten (10) feet long by two and one-half (2-1/2) feet wide by two (2) feet high unless otherwise varied by the Commission. The location and dimensions of the planters may also be varied by the Commission based on site specific circumstances provided that no fewer than one (1) planter buffer is provided per three (3) off-street parking spaces. Code amendments also require that Section 24-7-1101 of the Aspen Land Use Regulations to be addressed. In reviewing an amendment to the text of this chapter or an amendment to the official zone district map, the city council and the commission shall consider: A. Whether the proposed amendment is in conflict with any applicable portions of this chapter. Response: The proposed text amendment complies with the applicable portions of the Aspen Land Use Regulations. B. Whether the proposed amendment is consistent with all elements of the Aspen Area Comprehensive Plan. Response: The Transportation Action Plan of the AACP discusses parking issues in a community wide and public program approach. Staff does not believe that the proposed amendment will be inconsistent with any element of the AACP. C. Whether the proposed amendment is compatible with surrounding zone districts and land uses, considering existing land use and neighborhood characteristics. Response: The text amendment would enable all other multi -family structures in any zone district to use garage aprons for legal parking spaces provided they do not share common area. This criteria is not generally applicable because it suggests only the development parcel would be affected by a code amendment. D. The effect of the proposed amendment on traffic generation and road safety. Response: The text amendment will not affect traffic generation from the project. Road safety should not be affected as traffic circulation will be concentrated in the alley. E. Whether and the extent to which the proposed amendment would result in demands on public facilities, and whether and the extent to which the proposed amendment would exceed the capacity of such public facilities, including but not limited to transportation facilities, sewage facilities, water supply, parks, drainage, schools, and emergency medical facilities. Response: The text amendment may have a positive impact on drainage facilities on properties that take advantage of using garage aprons as legal parking spaces. By utilizing this area for parking, less paved surface needs to be provided elsewhere on the property to accommodate parking. Staff believes this amendment will permit more permeable surface area on a site for on -site drainage. The Fire District has considered the proposed code amendment and does not believe there will be any adverse impacts on their ability to provide fire protection to multi -family structures. F. Whether and the extent to which the proposed amendment would result in significant adverse impacts on the natural environment. Response: As discussed under item E above, the text amendment may actually reduce the paved area on a development parcel, thereby providing improved drainage of the site. The proposed language requiring planters will also help break up the urban alley scape. G. Whether the proposed amendment is consistent and compatible with the community character in the City of Aspen. Response: Historic Preservation Officer, Amy Amidon, has prepared an "Alley Enhancement Study Report" which concludes that to encourage the preservation of Aspen's historic character, parking along residential alleys is preferred to be located at the rear of a parcel and accessed from the alley. Staff has concern that if garage aprons are used as parking areas the garage side of the building will look like a large parking strip with the crowding of vehicles. In keeping with the recommendations of the Alley Report, staff recommends that the code amendment be approved, however, planter islands should be located between each garage apron to soften the impact of a vehicle dominant area. The applicant's project is proposing a total of twelve outdoor parking spaces and eight spaces within garages. The Planning Commission agreed with staff and required planter buffers between every three parking spaces, to break up the auto dominant appearance of this alley area. H. Whether there have been changed conditions affecting the subject parcel or the surrounding neighborhood which support the proposed amendment. Response: Although staff does not believe there is a changed condition in the neighborhood that would support the proposed amendment, we believe the amendment would create a change in the use of open space and existing off-street parking for multi -family projects. In addition, the Residential Parking Permit program will require residents to park off the street. Should the text amendment not be approved, the applicant would need to provide the required eight parking spaces proposed for the garage aprons elsewhere on -site. Denial of this code amendment would result in a de facto density control. An applicant needs to provide a percentage of open space on a parcel in addition to on - site parking. Should the area under garage aprons not be approved as legal parking space, some projects may be required to scale back the number of bedrooms or units in order to meet the on -site open space and parking requirements of the Code. I. Whether the proposed amendment would be in conflict with the public interest, and is in harmony with the purpose and intent of this chapter. Response: Staff has identified the potential negative impacts and advantages from the approval of the proposed amendment. Staff believes that the proposed amendment can be approved (with recommended changes) and be in harmony with the purpose and intent of the Aspen Land Use Regulations. Phlic Notice • Exhibit C 18C The Aspen 71mes • Saturduy-Suffday, September 1718, 1994 ORDNANCE NO.50 AN ORDINANCE OF THE CrrY COUNCIL OF THE CrIY OF ASPEN. COLORADO AMENDING CHAPTER 24 OF THE MUNKWAL CODE, LAND USE REGULA- T10NS, TO PROVIDE A PLANNING AND ZONING COMMISSION SPECIAL REVIEW TO PERMrr PARK- ING ON GARAGE APRONS IN MULTIFAMILY PRO- JECTS SUBJECT TO NEW REVIEW CRnYRIA ESTAB- LISHED IN SECMN 24-S-302(A) AND SECTION 24-7- 404(B) WHEREAS, Section 24-7-1103 of the Municipal Code provides that amendments to Chapter 24 of the Code, to wit, 'Land Use Regulations,' shall be reviewed and recommended for approval by the Planning Director and then by the Planning and Zon- ing Commission at a public hearing, and then approved, approved with conditions, or disap- proved by the City Council at a public hearing and WHEREAS, the Planning Director did receive from SGA Aspen Limited liability Company an applica- Oon for an amendment to the land use regulations, and reviewed and recommended for approval, cer- tain text amendments to Chapter 24 relating to Sec- tion 5-302 Characteristics of off-street parking spaces and Section 7404(8) Off-street parking requirements: and WHEREAS, the Planning and Toning Commission reviewed the proposed text amendment, in conjunc- tion with the applicant's development application, on July S, 1994, and August 2, 1994, at which time the Planning and Zoning Commission recommend- ed approval to City Council by 8Q and WHEREAS, the City Council finds that the text amendment will allow and promote compatibility of zone district and land uses with existing land uses and neighborhood characteristics and will be con- sistent with the public welfare and purposes and Intent of Chapter 24 of the Municipal Code. NOW I HERFFORE BE rT ORDAINED BY THE CrTY COUNCIL OF THE CrTY OF ASPEN, COLORADO: Section 1: Section 5-302'Characteristics of off-street parking spaces and access to street or alley' of Chapter 24 of the Municipal Code of the City of Aspen, Col- orado, is hereby amended by the addition of lan- guage in paragraph A. to read as follows: A General. Each of -street parking space shall con- sist of an open area measuring eight and one-half feet (8-1/2� wide by eighteen feet (18') long and seven feel (i") high with a maximum slope of twelve (12) percent in any one direction. Each parking space except those provided for detached residen- tial dwellings and duplex dwellings, shall have an unobstructed access to a street or alley. Off-street parking provided for multi -family dwellings which do not share a common parking area may be exempted from the unobstructed access require- ment subject to Special Review pursuant to Art. 7. Div. 4. No driveway shall exceed a maximum slope of twelve (12) percent within twenty leer of a proper- ty line bordering a public or private right-of-way. Off- street parking must be paved with all-weather sur- facing or be covered with gravel and maintained in a usable condition at all times. Section 2 Section 7404 (B) "Off-street parking require- ments' of Chapter 24 of the Municipal Code of the City of Aspen, Colorado, is hereby amended by the inclusion of a new paragraph, which shall read as follows: 3. Off-street parking provided for multi -family dwelling units which do not share a common park- ing area ill not required to have unobstructed access to a street or alley, but may consist of garage area, parldng strip or apron provWed that the app& cant demonstrates that adequate landscaping will be Installed to reduce the parking s visual impact. Develupments cunsishog of three or more dwelling units shall install one (1) planter buffer per three Parking spaces. Planter butlers shall be a mitwnum Of ten (10) feet king by two and one-half (2-1/2) feet wide by two (2) feet high unless otherwise varied by the Commission. The location and dimensions of the planters may also be vaned by the Commisslon based on site specific circumstances provided that no fewer than one (1) planter buffer is provided per three (3) off-street parking spaces. Section 3: This Ordinance shag not effect any existing litiga Wn and shag not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 4: If any section, subsection, sentence, clause, phrase, or Portion of this Ordinance is for any rea son held invalid or unconstitutional In a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provf sion and shall not affect the validity of the remaining portions thereof. Section 5: - A public hearing on this Ordinance shag be held on the 11 day of October 1994 In the City Council Chambers, Aspen City Hall, Aspen, Colorado, fifteen (15) days prior to which a heanng of public notice of the same shall be published in a newspaper of get. eral circulation within the City of Aspen. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of One City of Aspen on the 12 day of September, 1994. John Bennett, Mayor ATTEST: Kathryri S. Koch, City Clerk FINALLY, adopted, passed and approved this day of 1994. ATTEST: John Bennet, Mayor KaOvyn S. Koch, City Clerk Published in The Aspen Tines on September 16, 1994. October 5, 1994 A I � 1, / / f, I► / ` 1TC. Mr. Doug Graybeal MARK BEDELL Graybeal, Cottle and Yaw 510 E. Hyman Avenue Aspen, Colorado 81611 Dear Doug, I have inspected the 50' -60' Colorado Spruce at the corner of Durant Street and Aspen Street. This very mature Spruce would be a very poor candidate for transplanting. The rootball required on a tree this size would be extremely large, (approximately 20' in diameter). The soils in this area are sandy with many cobbles and a ball of this size and weight would be very unstable. I feel that the chances of survival on transplanting this tree would be 20% or less. might note that two Spruce in the 40' range were transplanted at the Ritz Carlton Rink site. Both trees died within one year of moving. Please give me a call if you have any questions. Sincerely, Mark Bedell, President Landforms, Inc. MB/mck LANDSCAPE ARCHITECTURE SITE CONSTRUCTION Post Office Box 1381 Aspen, Colorado 81612 303/920-3939 MEMORANDUM TO: Mayor and Council THRU: Amy Margerum, City Manage THRU: Leslie Lamont, Deputy City Planning Directo FROM: Mary Lackner, Planner DATE: September 12, 1994 RE: 204 E Durant GMQS Exemption, Subdivision, Text Amendment, and Vested Rights - 1st Reading of Ordinance q�_, Series 1994 and 1st Reading of Ordinance S`a, Series, 1994 ----------------------------------------------------------------- ----------------------------------------------------------------- SUMMARY: This application seeks to demolish an existing six unit multi -family project and replace it with an eight unit multi- family structure. This is the second project that will be utilizing the Resident Multi -Family Housing Replacement Program, which is specified in Section 18-3.3 of the Aspen Municipal Regulations. A Text Amendment is proposed that would permit garage aprons to be used as legal parking spaces in multi -family projects that do not share common parking. The applicant is seeking GMQS Exemptions, Subdivision, and a Text Amendment to accommodate this development. APPLICANT: SGA Aspen Limited Liability Company, c/o Doug Allen, represented by Vann Associates, Mr. Sunny Vann. LOCATION: 204 E. Durant, which is located within Block 77, Lots K, L, M, N and O, City and Townsite of Aspen. ZONING: L/TR - Lodge/Tourist Residential. APPLICANT'S REQUEST: The applicant is requesting GMQS Exemptions to reconstruct four free market dwelling units and build four new fully deed restricted dwelling units. Subdivision approval is also required for multi -family development and is being requested so that the applicant may condominimize the free market units at a later date. The applicant will be seeking vested rights approval for three years from City Council. Please refer to the complete application package in Exhibit "A". CONSISTENCY WITH THE ASPEN AREA COMMUNITY PLAN: The AACP does not specifically refer to the applicant's property. The construction of four affordable housing units does not meet the AACP goal of new subdivisions providing 60% of the units as affordable housing. This goal has not been codified. PREVIOUS COUNCIL ACTION: None. REFERRAL COMMENTS: • 1. Aspen Consolidated Sanitation District: Bruce Matherly has indicated that there are downstream line constraints in the First Street area. Development upstream will be required to pay a development impact fee, which will be in addition to normal connection charges. 2. Engineering Department: Cris Caruso has discussed parking, site drainage, trash storage, vegetation, sidewalks/curbs/gutters, and encroachments in his referral memorandum. 3. Fire Marshall: Ed Van Walraven states that the project will be required to have a residential sprinkler and alarm system installed. 4. Housing Authority: Cindy Christensen has submitted comments regarding compliance with the multi -family housing replacement program. S. Parks Department: George Robinson expressed concern that the large spruce tree will most likely not survive a transplanting and would like to see that this tree remain in its present location. 6. Water Department: Phil Overeynder has submitted comments that the Water Department has the ability to serve this project once the applicable utility and connection fees are paid by the applicant. The applicant will need to connect to the new water main in Durant Street. 7. Zoning Office: Bill Drueding has submitted comments that request more information to determine if the open space and height requirements of the zone district will be met. CURRENT ISSUES: This is the second application to be reviewed pursuant to the multi -family housing replacement program that was adopted with Ordinance 1. The first replacement proposal was discontinued after P&Z review. The applicant's request requires review of GMQS Exemptions for Multi -family Housing Replacement, Subdivision, and a Text Amendment. The specific criteria and staff responses are included as Exhibit "B". Staff does not support the applicant's request to remove a 22" diameter, 65 foot spruce tree to accommodate the proposed development. The Parks Department identified the procedures the applicant must take in order to remove this tree and bond it for its survival in a new location. The applicant contends the proposed structure cannot be reconfigured or redesigned to accommodate this spruce tree in its present location. 2 • The applicant's request for the text amendment is supported by the Planning Commission and staff. Staff has recommended in the new text language that planter areas be integrated into the design of these multi -family parking areas to reduce their auto -dominance appearance. Although the Planning Commission approved the special review for apron parking (subject to Council's approval of the text amendment), this applicant was unable to meet the width of planter space recommended in the text amendment. Staff has some concern that the type of screening vegetation to be planted in these planters will be limited. RECOMMENDATION: The Planning and Zoning Commission and Planning Office recommend approval of the applicant's request for GMQS Exemption for Multi -Family Housing Replacement and Subdivision for the 204 E. Durant project, subject to conditions. The Commission and staff also recommend approval of the Text Amendment to permit parking on garage aprons. Staff does not support the applicant's request to remove the spruce tree. 1. The replacement affordable housing units shall be fully deed restricted as follows: Unit 1 Category #2 (2 bdrm, 850 net livable sq.ft.) Unit 2 Category #1 (1 bdrm, 600 net livable sq.ft.) Unit 3 Category #2 (1 bdrm, 600 net livable sq.ft.) Unit 4 Category #2 (1 bdrm, 600 net livable sq.ft.) 2. The applicant will need to obtain approval from the Housing Office as to the quality of fixtures, finish, and amenities of the affordable housing units, prior to the issuance of any building permits for the project. 3. City Council must approve the applicant's method of housing mitigation. Issues regarding sale, ownership, and subdivision of the affordable housing replacement units must be submitted for review and approval by City Council, prior to second reading. 4. Prior to issuance of any building permits, the applicant shall record the deed restrictions for the affordable housing units and forward a copy to the Planning Office. 5. As recommended by the Aspen Fire Protection District, the applicant shall have a residential sprinkler and alarm system installed in the proposed structure. These systems shall be identified on the building plans. 6. As recommended by the City Engineer in his memo dated June 16, 1994 the applicant shall: a. provide a drainage plan which shall be approved by the • r�L City Engineer, prior to issuance of a building permit. b. submit a parking plan, prior to the issuance of a building permit, which illustrates the size and location of all parking spaces and planters. C. submit a site plan which shows a trash and recycle area, utility meters, and other equipment, prior to the issuance of a building permit. d. consult the City Engineering Department (920-5080) for design considerations, City Parks Department (920-5120) for vegetation alterations including tree removal, and shall obtain permits from the City Streets Department (920-5130) for any work or development within public rights -of -way, prior to commencing any of this work. 7. The Zoning Enforcement Officer identified the following items that shall be submitted prior to issuance of a building permit: a. an open space plan indicating the areas counted per the "Open Space" definition in Section 24-3-101. b. height information in accordance with Section 24-3-101 of the Land Use Regulations. 8. In order to be in compliance with the recommendations of the Water Department, the applicant shall: a. connect to the 20-inch water main in Durant Avenue and this shall be verified during the building inspection process. b. pay its proportionate share of the costs associated with the abandonment of the existing 6-inch water line in Durant Avenue. C. contact the Customer Service Department (920-5031) to review the proposed plans to establish the amount of the utility connection charges and to review detailed plans to provide water service, including water metering of the proposed units. 9. A sidewalk, curb and gutter shall be installed along E. Durant and Aspen Street, prior to issuance of any Certificates of Occupancy for the project. This sidewalk shall be a concrete surface, at least five feet wide, and no obstacles within this width. 10. The applicant shall submit a Final Plat and Subdivision Agreement within 180 days of City Council review, for review 4 and approval by the City Attorney, City Engineer, and Planning Office. 11. The Parks Department has submitted the following conditions of approval with regards to this application: a. The 8" diameter spruce tree, which is approximately 22' in height, that is proposed to be relocated on site must survive for at least 2 years after it is transplanted or be replaced with equal value. The applicant must apply for and receive a tree removal permit prior to any disturbance of this tree. b. The 22" diameter spruce tree, which is approximately 65' in ehight, is a significant mature tree that needs to be saved at all costs. The applicant shall redesign the building to accommodate the health and safety of the tree's survival, prior to second reading by City Council. C. All landscaping shall be reviewed and approved by the Parks Department, prior to the issuance of any building permits. 12. All material representations made by the applicant in the application and public meetings shall be adhered to and considered conditions of approval, unless otherwise amended by other conditions. 13. Prior to the issuance of a building permit, the applicant shall submit a landscaping plan that provides visual relief of the parking spaces to be reviewed and approved by the Parks Department and Planning Office. 14. All garage aprons shall be snow melted. The Subdivision Agreement shall indicate that snow melted driveways are a common element of the free-market uses for the purposes of utility payments and maintenance. 15. The applicant shall redesign the entry into the affordable housing units so that there is a gabled roof that does not shed snow onto the entryway. This shall be completed prior to issuance of any building permits. PROPOSED MOTION: "I move to read Ordinance _YJ, 1994. I move to approve Ordinance 119 on first reading granting approval for GMQS Exemption, Subdivision, and Vested Rights for the 204 East Durant project. I move to read OrdinanceSc,, 1994. I move to approve on first reading Ordinance S� amending the text of Chapter 24 to permit parking on garage aprons." 5 CITY MANAGER COMMENTS: EXHIBITS: Ordinance , Series 1994 "A" Application Information "B" Staff responses to review criteria "C" ACSD referral comments "D" Engineering referral comments "E" Housing Office referral comments "F" Water Department referral comments "G" Zoning Department referral comments "H" Parks Department referral comments R ORDINANCE NO.S�j (SERIES OF 1994) AN ORDINANCE OF THE CITY OF ASPEN GRANTING GMQS EXEMPTION FM THE CONSTRUCTION OF FOUR AFFORDABLE HOUSING UNITS AND FOUR FREE MARKET DWELLING UNITS UNDER THE MULTI -FAMILY HOUSING REPLACEMENT PROGRAM, SUBDIVISION APPROVAL AND VESTED RIGHTS FOR A PERIOD OF THREE YEARS FOR THE 204 EAST DURANT PROJECT WHICH IS LOCATED WITHIN BLOCK 77, LOTS K, L, M, N, AND O, CITY AND TOWNSITE OF ASPEN WHEREAS, pursuant to Chapter 18-3.3 of the Aspen Municipal Code, an applicant may reconstruct a multi -family housing project if the project meets the criteria of this provision of the Aspen Municipal Code; and WHEREAS, pursuant to Section 24-7-1004(C) of the Aspen Municipal Code, City Council grants final subdivision approval; and WHEREAS, pursuant to Section 24-6-207 of the Aspen Municipal Code, City Council may grant vesting of development rights for a site specific development plan for a period of three years from the date of final development plan approval; and WHEREAS, SGA Aspen Limited Liability Company, c/o Doug Allen, ("Applicant"), as represented by Sunny Vann, submitted an application to the Planning Office requesting construction of eight dwelling units under the resident multi -family housing replacement program, subdivision, vested rights, and a text amendment to allow parking on garage aprons in multi -family projects; and WHEREAS, the 204 East Durant project is located within the L/TR zone district and meets the dimensional requirements of this zone district; and WHEREAS, the Planning and Zoning Commission considered the • • applicant's request at a public hearing on July 5th and August 2, 1994, at which time they recommended approval to City Council for the replacement housing project and the text amendment. The Commission also granted Special Review approval for parking for the affordable dwelling units. The Commission also granted Special Review approval for apron parking based on the proposed text amendment, should City Council approve the proposed text amendment. The Commission's conditions are detailed in Resolution 94- ; and WHEREAS, the Commission voted 7-0 to recommend approval to City Council for the replacement housing project and subdivision, and voted 8-0 to recommend approval for the text amendment. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1: Pursuant to Section 24-7-1004(C) of the Municipal Code, City Council does hereby grant the applicant Subdivision approval subject to the following conditions: 1. The replacement affordable housing units shall be fully deed restricted as follows: Unit 1 Category #2 (2 bdrm, 850 net livable sq. ft. ) Unit 2 Category #1 (1 bdrm, 600 net livable sq.ft.) Unit 3 Category #2 (1 bdrm, 600 net livable sq.ft.) Unit 4 Category #2 (1 bdrm, 600 net livable sq.ft.) 2. The applicant will need to obtain approval from the Housing Office as to the quality of fixtures, finish, and amenities of the affordable housing units, prior to the issuance of any building permits for the project. 3. City Council must approve the applicant's method of housing mitigation. Issues regarding sale, ownership, and subdivision of the affordable housing replacement units must be submitted for review and approval by City Council, prior to second 2 reading. 4. Prior to issuance of any building permits, the applicant shall record the deed restrictions for the affordable housing units and forward a copy to the Planning Office. 5. As recommended by the Aspen Fire Protection District, the applicant shall have a residential sprinkler and alarm system installed in the proposed structure. These systems shall be identified on the building plans. 6. As recommended by the City Engineer in his memo dated June 16, 1994 the applicant shall: a. provide a drainage plan which shall be approved by the City Engineer, prior to issuance of a building permit. b. submit a parking plan, prior to the issuance of a building permit, which illustrates the size and location of all parking spaces and planters. C. submit a site plan which shows a trash and recycle area, utility meters, and other equipment, prior to the issuance of a building permit. d. consult the City Engineering Department (920-5080) for design considerations, City Parks Department (920-5120) for vegetation alterations including tree removal, and shall obtain permits from the City Streets Department (920-5130) for any work or development within public rights -of -way, prior to commencing any of this work. 7. The Zoning Enforcement Officer identified the following items that shall be submitted prior to issuance of a building permit: a. an open space plan indicating the areas counted per the "Open Space" definition in Section 24-3-101. b. height information in accordance with Section 24-3-101 of the Land Use Regulations. 8. In order to be in compliance with the recommendations of the Water Department, the applicant shall: a. connect to the 20-inch water main in Durant Avenue and this shall be verified during the building inspection process. b. pay its proportionate share of the costs associated with the abandonment of the existing 6-inch water line in Durant Avenue. 3 • 0 C. contact the Customer Service Department (920-5031) to review the proposed plans to establish the amount of the utility connection charges and to review detailed plans to provide water service, including water metering of the proposed units. 9. A sidewalk, curb and gutter shall be installed along E. Durant and Aspen Street, prior to issuance of any Certificates of Occupancy for the project. This sidewalk shall be a concrete surface, at least five feet wide, and no obstacles within this width. 10. The applicant shall submit a Final Plat and Subdivision Agreement within 180 days of City Council review, for review and approval by the City Attorney, City Engineer, and Planning Office. 11. The Parks Department has submitted the following conditions of approval with regards to this application: a. The 8" diameter spruce tree, which is approximately 22' in height, that is proposed to be relocated on site must survive for at least 2 years after it is transplanted or be replaced with equal value. The applicant must apply for and receive a tree removal permit prior to any disturbance of this tree. b. The 22" diameter spruce tree, which is approximately 65' in height, is a significant mature tree that needs to ba saved at all costs. The applicant shall redesign the building to accommodate the health and safety of the tree's survival, prior to second reading. C. All landscaping shall be reviewed and approved by the Parks Department, prior to the issuance of any building permits. 12. All material representations made by the applicant in the application and public meetings shall be adhered to and considered conditions of approval, unless otherwise amended by other conditions. 13. Prior to the issuance of a building permit, the applicant shall submit a landscaping plan that provides visual relief of the parking spaces to be reviewed and approved by the Parks Department and Planning Office. 14. All garage aprons shall be snow melted. The Subdivision Agreement shall indicate that snow melted driveways are a common element of the free-market uses for the purposes of utility payments and maintenance. 4 0 . 15. The applicant shall redesign the entry into the affordable housing units so that there is a gabled roof that does not shed snow onto the entryway. This shall be completed prior to issuance of any building permits. Section 2: Pursuant to the concurrent text amendment revising Section 24-7-404 (B) "Off-street parking requirements" of the Municipal Code, should Council approve the text amendment in Ordinance the applicant shall comply with the following condition: 1. Prior to the issuance of a building permit, the applicant shall submit a landscaping plan that provides visual relief of the parking spaces to be reviewed and approved by the Parks Department and Planning Office. Section 3: Pursuant to Section 24-6-207 of the Municipal Code, City Council does hereby grant the applicant vested rights for the 204 East Durant Subdivision site specific development plan as follows: 1. The rights granted by the site specific development plan approved by this Ordinance shall remain vested for three (3) years from the date of final adoption specified below. However, any failure to abide by the terms and conditions attendant to this approval shall result in forfeiture of said vested property rights. Failure to timely and property record all plats and agreements as specified herein or in the Municipal Code shall also result in the forfeiture of said vested rights. 2. The approval granted hereby shall be subject to all rights of referendum and judicial review. 3. Nothing in the approvals provided by this Ordinance shall exempt the site specific development plan from subsequent reviews and/or approvals required by this Ordinance or the general rules, regulations or ordinances of the City provided that such reviews or approvals are not inconsistent with the approval granted and vested herein. 4. The establishment herein of a vested property right shall not 5 preclude the application of ordinances or regulations which are general in nature and are applicable to all properties subject to land use regulation by the City of Aspen, including but not limited to, building, fire, plumbing, electrical and mechanical codes. In this regard, as a condition of this site development approval, the developer shall abide by any and all such building, fire, plumbing, electrical and mechanical codes, unless an exemption therefrom is granted in writing. Section 4: The City Clerk shall cause notice of this Ordinance to be published in a newspaper of general circulation within the City of Aspen, no later than fourteen (14) days following final adoption hereof. Such notice shall be given in the following form: Notice is hereby given to the general public of the approval of a site specific development plan, and the creation of a vested property right pursuant to Title 24, Article 68, Colorado Revised Statutes, pertaining to the following described property: The property shall be described in the notice and appended to said notice. Section 5: A public hearing on the Ordinance shall be held on the day of , 1994 at 5:00 P.M. in the City Council Chambers, Aspen City Hall, Aspen, Colorado. Fifteen (15) days prior to the hearing a public notice of the hearing 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 day of , 1994. 6 John Bennett, Mayor ATTEST: Kathryn S. Koch, City Clerk FINALLY, adopted, passed and approved this day of . 1994. ATTEST: Kathryn S. Koch, City Clerk 7 John Bennett, Mayor ORDINANCE NO.S d AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO AMENDING CHAPTER 24 OF THE MUNICIPAL CODE, LAND USE REGULATIONS, TO PROVIDE A PLANNING AND ZONING COMMISSION SPECIAL REVIEW TO PERMIT PARKING ON GARAGE APRONS IN MULTI -FAMILY PROJECTS SUBJECT TO NEW REVIEW CRITERIA ESTABLISHED IN SECTION 24-5-302(A) AND SECTION 24-7-404(B) WHEREAS, Section 24-7-1103 of the Municipal Code provides that amendments to Chapter 24 of the Code, to wit, "Land Use Regulations", shall be reviewed and recommended for approval by the Planning Director and then by the Planning and Zoning Commission at a public hearing, and then approved, approved with conditions, or disapproved by the City Council at a public hearing; and WHEREAS, the Planning Director did receive from SGA Aspen Limited Liability Company an application for an amendment to the land use regulations, and reviewed and recommended for approval, certain text amendments to Chapter 24 relating to Section 5-302 Characteristics of off-street parking spaces and Section 7-404(B) Off-street parking requirements; and WHEREAS, the Planning and Zoning Commission reviewed the proposed text amendment, in conjunction with the applicant's development application, on July 5, 1994, and August 2, 1994, at which time the Planning and Zoning Commission recommended approval to City Council by 8-0; and WHEREAS, the City Council finds that the text amendment will allow and promote compatibility of zone districts and land uses with existing land uses and neighborhood characteristics and will be consistent with the public welfare and purposes and intent of Chapter 24 of the Municipal Code. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1• Section 5-302 "Characteristics of off-street parking spaces and access to street or alley" of Chapter 24 of the Municipal Code of the City of Aspen, Colorado, is hereby amended by the addition of language in paragraph A., to read as follows: A. General. Each off-street parking space shall consist of an open area measuring eight and one-half feet (8-1/2') wide by eighteen feet (181) long and seven feet (71) high with a maximum slope of twelve (12) percent in any one direction. Each parking space, except those provided for detached residential dwellings and duplex dwellings, shall have an unobstructed access to a street or alley. Off-street parking provided for multi -family dwellings which do not share a common parking area may be exempted from the unobstructed access requirement subject to Special Review pursuant to Art. 7. Div. 4. No driveway shall exceed a maximum slope of twelve (12) percent within twenty feet of a property line bordering a public or private right-of-way. Off-street parking must be paved with all-weather surfacing or be covered with gravel and maintained in a usable condition at all times. Section 2• Section 7-404 (B) "Off-street parking requirements" of Chapter 24 of the Municipal Code of the City of Aspen, Colorado, is hereby amended by the inclusion of a new paragraph, which shall read as follows: 3. Off-street parking provided for multi -family dwelling units which do not share a common parking area is not required to have unobstructed access to a street or alley, but may consist of garage area, parking strip or apron provided that the applicant demonstrates that adequate landscaping will be installed to reduce the parking's visual impact. Developments consisting of three or more dwelling units shall install one (1) planter buffer per three parking spaces. Planter buffers shall be a minimum of ten (10) feet long by two and one-half (2-1/2) feet wide by two (2) feet high unless otherwise varied by the Commission. The location and dimensions of the planters may also be varied by the Commission based on site specific circumstances provided that no fewer than one (1) planter buffer is provided per three (3) off-street parking spaces. Section 3• This Ordinance shall not effect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 4• 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 5• A public hearing on this Ordinance shall be held on the day of , 1994 in the City Council Chambers, Aspen City Hall, Aspen, Colorado, fifteen (15) days prior to which a hearing of 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 day of , • 1994. John Bennett, Mayor ATTEST: Kathryn S. Koch, City Clerk FINALLY, adopted, passed and approved this day of , 1994. John Bennett, Mayor ATTEST: Kathryn S. Koch, City Clerk 0 Exhibit A VANN ASSOCIATES Planning Consultants July 18, 1994 HAND DELIVERED Ms. Mary Lackner Aspen/Pitkin Planning Office 130 South Galena Street Aspen, Colorado 81611 Re: 204 East Durant GMQS Exemption Application Dear Mary: JUL 19 -3` Outlined Outlined below is my attempt at drafting alternative text for the off-street parking amendment which has been proposed in connection with the 204 East Durant project. Please note that the revised text requires special review approval from the Planning and Zoning Commission in order to provide parking which does not have unob- structed access to a public street or alley. The revised version also includes your recommendation that landscaped planters be installed to reduce potential visual impacts. As multi -family dwellings are defined as three (3) or more units, the proposed amendment requires the installation of one planter per three (3) parking spaces. The location and dimensions of the planters, however, may be varied by the Commission based on site specific circumstances of each project. The suggested revisions to Section 5-302 of the Land Use regulations are redlined as follows. Sec. 5-302. Characteristics of off-street parking spaces. A. General. Each off-street parking space shall consist of an open area measuring eight and one-half feet (8-1/2') wide by eighteen feet (18') long and seven feet (T) high with a maximum slope of twelve (12) percent in any one direction. Each parking space, except those provid- ed for detached residential dwellings and duplex dwellings, shall have a public unobstructed area for access to a street or alley. Off trm driveway shall exceed a maximum slope 230 East Hopkins Avenue • Aspen, Colorado 81611 •303/925-6958 • Fax 303i920-9310 percent within is twenty (20) feet of a property line bordering a public or private right- of-way. Off-street parking must be paved with all-weather surfacing or be covered with gravel and maintained in a usable condition at all times. In addition, Section 7-404 must be revised to provide for special review by the Commission. The following paragraph is suggested to be added to this section of the Regulations. Sec. 7-404. Review standards for Special Review. B. Off -Street parking requirements. 3. Off-street parking provided for multi -family dwelling units which do not share a common parking area is not required to have unobstructed access to a street or alley, but may consist of garage area, parking strip or apron provided that the applicant demonstrates that adequate landscaping will be installed to reduce the parking's visual impact. Developments consisting of three or more dwelling units shall install one (1) planter buffer per three parking spaces. Planter buffers shall be a minimum of ten (10) feet long by two and one-half (2-1/2) feet wide by two (2) feet high unless otherwise varied by the commission. The location of the planters may also be varied by the Commission based on site specific circumstances provided that no fewer than three (3) planter buffers are provided per three (3) off-street parking spaces. Should you have any questions, or if I can be of any further assistance, please do not hesitate to call. Yours truly, V ASSOCIATES 7nAICP Sunny V SV:cwv cc: Douglas P. Allen, Esq. c:\bus\dty1tr\1tr24794.m12 VANN ASSOCIATES Planning Consultants May 27, 1994 HAND DELIVERED Ms. Mary Lackner Aspen/Pitkin Planning Office 130 South Galena Street Aspen, Colorado 81611 Re: 204 East Durant GMQS Exemption Application Dear Mary: '% 7 As you requested, enclosed herewith is a rent schedule for the six (6) existing multi -family units located at 204 East Durant Street. This rent schedule was in place at the time the Applicant purchased the property from Ralph Melville in February of 1994, with the exception of the rental rate for Unit #4 which the Applicant reduced to its present level. With respect to the project's proposed replacement housing, the application indicates that Unit #1 will be deed restricted to APCHA's resident occupancy guidelines. As you pointed out in your May 16, 1994, letter, twenty-five (25) percent of the replacement housing units would be deed restricted to resident occupancy under this scenario. As the Land Use Code limits resident occupied units to a maximum of twenty (20) percent of the replacement housing units, the Applicant will instead deed restrict Unit #1 to APCHA's Category #2 guidelines. Should you have any questions, or if I can be of any further assistance, please do not hesitate to call. Yours truly, VAN ASSOCIATES unny Va , AICP SV:cwv Enclosure c:\bus\city.1trVtr24794. ml1 230 East Hopkins Avenue • Aspen, Colorado 81611 •303/925-6958 • Fax 303/920-9310 0 0 EXHIBIT B Review criteria GMQS Exemptions for Multi -family Replacement (Section 18-3.3) (a) Minimum replacement requirement. In the event of the demolition of resident multi -family housing, the owner shall be required to construct replacement housing consisting of no less than fifty (50) percent of the square footage of net residential area demolished or converted. The replacement housing shall be configured in such a way as to replace fifty (50) percent of the bedrooms that are lost as working resident housing by demolition. A minimum of fifty (50) percent of the replacement housing shall be above natural grade. The replacement housing shall be deed restricted as affordable housing in accordance with the requirements of Article IV, below. Response: The existing multi -family structure, which is proposed to be demolished, is 3,925 sq.ft. of net residential area. The proposed replacement net residential area is 2,650 sq.ft. This represents a 68% replacement which exceeds the 50% requirement of this standard. The structure that is slated to be demolished contains nine bedrooms, and the replacement affordable housing units will include five bedrooms. This exceeds the requirement that 50% of the bedrooms shall be replaced. Although the existing units are above grade, this provision permits 50% of the replacement units to be below natural grade. Of the four replacement units, two will be above grade and two will be at a garden level partially below grade. Fifty-five percent of the replacement square footage and 50% of the units are located partially below grade. Floor plans are included in Exhibit "A". (b) Location of replacement housing. Multi -family replacement units shall be developed on the same site on which demolition has occurred..... Response: The proposed replacement units are being developed on the same site that the existing units are located. (c) Timing and quality of replacement unit. Replacement units shall be available for occupancy at the same time as the new unit or units, regardless of whether the replacement units are built on -site or off -site, and shall contain fixtures, finish and amenities required by the housing designee's guidelines. Response: The application does not address the timing of occupancy for the affordable housing units, however because of the integrated nature of the affordable units within the townhome complex it appears that they will be available for occupancy at the time of the free market units. The applicant will need to obtain approval from the Housing Office as to the quality of fixtures, finish, and • 0 amenities of the affordable housing units, prior to the issuance of any building permits for the project. Article IV. Rental and Resale Restrictions Replacement units shall be subject to deed restriction in a form and substance acceptable to the city council. Such deed restricted units may only be rented or sold to tenants or buyers who meet the city's qualifications in effect at the time of sale or rental, and at sale prices or rental rates which are also in compliance with the city's current regulations. The owner shall be entitled to select tenants or purchasers subject to the aforementioned qualifications. The mix of affordable housing units, as between low, moderate, and middle income, or resident occupied, may be determined by the owner, provided no less than twenty (20) percent of the bedrooms qualify as low income and no more than twenty (20) percent of the units are available as resident occupied units. Response: The applicant will need to meet the deed restriction requirements for the occupancy of the affordable housing units. The applicant has submitted an amendment to the application which states that the proposed resident occupied unit will be a Category #2 unit. Therefore, the redeveloped affordable housing units will contain 20% low income bedrooms and 80% low/moderate income units. This unit mix exceeds the minimum requirements of the Code. In summary, the applicant is proposing the following units to be deed restricted: Unit 1 Category #2 (2 bdrm, 850 net livable sq. ft. ) Unit 2 Category #1 (1 bdrm, 600 net livable sq. ft. ) Unit 3 Category #2 (1 bdrm, 600 net livable sq. ft.) Unit 4 Category #2 (1 bdrm, 600 net livable sq. ft. ) 2 • 0 Subdivision (24-7-1004) The Aspen Municipal Code requires that all division of land and the development of multi -family units on a single parcel of land be subject to the Subdivision regulations. The applicant will be seeking condominimization approvals once the townhomes are under construction. Although the applicant has not decided on how the condominization will finally be structured, it is anticipated that the four free market units will each be condominimized with an affordable housing unit. Therefore, future purchasers will buy a free market unit and a fully deed restriction unit, which have mandatory occupancy, income, and rental restrictions. Section 24-7-1004.0 sets the following review standards for subdivision applications: i.a. The proposed subdivision shall be consistent with the Aspen Area Comprehensive Plan. Response: The only reference the Aspen Area Community Plan (AACP) makes to this property is the Open Space/Recreation and Environment Action Plan. This plan identifies East Durant as a primary pedestrian commuter route. The applicant has committed to install sidewalks on E. Durant and Aspen Street in front of this project. 1.b. The proposed subdivision shall be consistent with the character of existing land uses in this area. Response: The surrounding parcels on Durant and Aspen Streets are also zoned L/TR (Lodge/Tourist Residential) with similar densities in residential and lodge buildings. The proposed subdivision is consistent with the character of existing surrounding land uses. The 22" spruce tree which is proposed to be removed would negatively impact the character of this neighborhood. This tree, approximately 65 feet high, is a significant asset to this neighborhood. The Parks Department and staff strongly recommend that the proposed structure be redesigned to accommodate the tree's survival in its existing location. i.c. The proposed subdivision shall not adversely affect the future development of surrounding areas. Response: In the immediate vicinity of this project there is a mix of residences and lodges from various time periods and in varying physical conditions. As with this project, there will probably be some other properties that will be redeveloped over the next several years. Staff does not see this request as posing any adverse affects on future development of surrounding properties. 1.d. The proposed subdivision shall be in compliance with all 3 applicable requirements of this chapter. Response: All development associated with this project will be required to comply with the requirements of the L/TR zone district and relevant provisions of the Aspen Land Use Regulations. The applicant is seeking a text amendment to permit parking on garage aprons, however, no other variances are being requested. 2.a. The proposed subdivision shall not be located on land unsuitable for development because of flooding, drainage, rock or soil creep, mudflow, rockslide, avalanche or snowslide, steep topography or any other natural hazard or other condition that will be harmful to the health, safety, or welfare of the residents in the proposed subdivision. Response: None of these natural hazards will affect the proposed development. 2.b. The proposed subdivision shall not be designed to create spatial patterns that cause inefficiencies, duplication or premature extension of public facilities and unnecessary public costs. Response: Since this project is a redevelopment of an existing building, no inefficient spatial patterns, premature extension of public facilities or unnecessary public costs will be created by the proposed development. The primary infrastructure to serve development in the East Durant area is already in place. However, the applicant is required to pay for some sanitary upgrades as indicated by the ACSD letter. The applicant will need to submit a Final Plat and Subdivision/PUD Agreement within 180 days of City Council review, if the project is approved. 4 • 0 Text Amendment (section 24-7-1101) The applicant is seeking approval of a text amendment that would consider automobile parking spaces on garage aprons to be legal spaces. The City of Aspen permits single family and duplex units to utilize these garage aprons as legal parking spaces (See Section 24-5-302 C. below). Aprons are a logical place to park a car because they are usually paved and provide easy access to the entrance of a residence. The Code does not permit the use of garage aprons for legal parking spaces for multi -family projects (See Section 24-5-302 A. below). The primary reason this is not permitted for multi -family projects is vehicles belonging to different units would be stacked together and could block each other. The layout of the 204 E. Durant project would allow stacking of automobiles from the same unit. This proposed text amendment will only affect multi -family developments. The text language proposed by the applicant follows (it remains as currently written except for the added sentence which is highlighted): A. General. Each off-street parking space shall consist of an open area measuring eight and one-half feet (8-1/21) wide by eighteen feet (181) long and seven feet (71) high with a maximum slope of twelve (12) percent in any one direction. Each parking space, except for those provided for detached residential dwellings and duplex dwellings, shall have an unobstructed access to a street or alley. off-street parking provided for multi -family dwellings which do not share a common parking area may be exempted from the unobstructed access requirement subject to Special Review pursuant to Art. 7, Div. 4. No driveway shall exceed a maximum slope of twelve (12) percent within twenty feet of a property line bordering a public or private right-of-way. Off-street parking must be paved with all-weather surfacing or be covered with gravel and maintained in a usable condition at all times. Since this code amendment requires that Special Review be granted, the following paragraph will be added to the Special Review provisions of the Regulations. Sec. 7-404 Review standards for Special Review B. Off-street parking requirements. 3. Off-street parking provided for multi- family dwelling units which do not share a common parking area is not required to have unobstructed access to a street or alley, but may consist of garage area, 5 • 0 parking strip or apron provided that the applicant demonstrates that adequate landscaping will be installed to reduce the parking's visual impact. Developments consisting of three or more dwelling units shall install one (1) planter buffer per three parking spaces. Planter buffers shall be a minimum of ten (10) feet long by two and one-half (2-1/2) feet wide by two (2) feet high unless otherwise varied by the Commission. The location and dimensions of the planters may also be varied by the Commission based on site specific circumstances provided that no fewer than one (1) planter buffer is provided per three (3) off-street parking spaces. Code amendments also require that Section 24-7-1101 of the Aspen Land Use Regulations to be addressed. In reviewing an amendment to the text of this chapter or an amendment to the official zone district map, the city council and the commission shall consider: A. Whether the proposed amendment is in conflict with any applicable portions of this chapter. Response: The proposed text amendment complies with the applicable portions of the Aspen Land Use Regulations. B. Whether the proposed amendment is consistent with all elements of the Aspen Area Comprehensive Plan. Response: The Transportation Action Plan of the AACP discusses parking issues in a community wide and public program approach. Staff does not believe that the proposed amendment will be inconsistent with any element of the AACP. C. Whether the proposed amendment is compatible with surrounding zone districts and land uses, considering existing land use and neighborhood characteristics. Response: The text amendment would enable all other multi -family structures in any zone district to use garage aprons for legal parking spaces provided they do not share common area. This criteria is not generally applicable because it suggests only the development parcel would be affected by a code amendment. D. The effect of the proposed amendment on traffic generation and road safety. 6 0 E Response: The text amendment will not affect traffic generation from the project. Road safety should not be affected as traffic circulation will be concentrated in the alley. E. Whether and the extent to which the proposed amendment would result in demands on public facilities, and whether and the extent to which the proposed amendment would exceed the capacity of such public facilities, including but not limited to transportation facilities, sewage facilities, water supply, parks, drainage, schools, and emergency medical facilities. Response: The text amendment may have a positive impact on drainage facilities on properties that take advantage of using garage aprons as legal parking spaces. By utilizing this area for parking, less paved surface needs to be provided elsewhere on the property to accommodate parking. Staff believes this amendment will permit more permeable surface area on a site for on -site drainage. The Fire District has considered the proposed code amendment and does not believe there will be any adverse impacts on their ability to provide fire protection to multi -family structures. F. Whether and the extent to which the proposed amendment would result in significant adverse impacts on the natural environment. Response: As discussed under item E above, the text amendment may actually reduce the paved area on a development parcel, thereby providing improved drainage of the site. The proposed language requiring planters will also help break up the urban alley scape. G. Whether the proposed amendment is consistent and compatible with the community character in the City of Aspen. Response: Historic Preservation Officer, Amy Amidon, has prepared an "Alley Enhancement Study Report" which concludes that to encourage the preservation of Aspen's historic character, parking along residential alleys is preferred to be located at the rear of a parcel and accessed from the alley. Staff has concern that if garage aprons are used as parking areas the garage side of the building will look like a large parking strip with the crowding of vehicles. In keeping with the recommendations of the Alley Report, staff recommends that the code amendment be approved, however, planter islands should be located between each garage apron to soften the impact of a vehicle dominant area. The applicant's project is proposing a total of twelve outdoor 7 • 0 parking spaces and eight spaces within garages. The Planning Commission agreed with staff and required planter buffers between every three parking spaces, to break up the auto dominant appearance of this alley area. H. Whether there have been changed conditions affecting the subject parcel or the surrounding neighborhood which support the proposed amendment. Response: Although staff does not believe there is a changed condition in the neighborhood that would support the proposed amendment, we believe the amendment would create a change in the use of open space and existing off-street parking for multi -family projects. In addition, the Residential Parking Permit program will require residents to park off the street. Should the text amendment not be approved, the applicant would need to provide the required eight parking spaces proposed for the garage aprons elsewhere on -site. Denial of this code amendment would result in a de facto density control. An applicant needs to provide a percentage of open space on a parcel in addition to on - site parking. Should the area under garage aprons not be approved as legal parking space, some projects may be required to scale back the number of bedrooms or units in order to meet the on -site open space and parking requirements of the Code. I. Whether the proposed amendment would be in conflict with the public interest, and is in harmony with the purpose and intent of this chapter. Response: Staff has identified the potential negative impacts and advantages from the approval of the proposed amendment. Staff believes that the proposed amendment can be approved (with recommended changes) and be in harmony with the purpose and intent of the Aspen Land Use Regulations. 8 Exhibit C .aspen Consolidated Sanitation District 565 North Mill Street Aspen, Colorado 81611 Tele. (303) 925-3601 Sy Kelly - Chairman Albert Bishop - Treas. Louis Popish - Secy. June 6. 1994 Mary Lachner Planning Office 130 S. Galena Aspen, CO 81611 Re: 204 E. Durant GMQS Exemption Dear Mary: FAX #(303) 925-2537 Michael Kelly Frank Loushin Bruce Matherly, Mgr. The Aspen Consolidated Sanitation District currently has sufficient treatment capacity to serve this proposed development. There are downstream constraints in the area of First street that the District will need to alleviate. The improvements needed downstream will be funded through development impact fees, which will be in addition to our normal total connection charges. Service is contingent upon compliance with the District's Rules Regulations and Specifications which are on file at the District office. The total costs of connection can be estimated once detailed plans are available and a tap permit is completed. Please call if you have any questions. Sincerely, Bruce Matherly District Manager EPA AWARDS OF EXCELLENCE 1976 - 1986 - 1990 REGIONAL AND NATIONAL 0 0 Exhibit D Memorandum To: Mary Lackner, Planning Office From: Cris Caruso, City Engineer 6C.� Date: June 16, 1994 RE: 204 East Durant GMQS Exemption, Subdivision, and Text Amendment Upon review of the above referenced application and site inspection, the Engineering Department has the following comments: Parking: The on -site parking spaces appear adequate in number and function if "stacking" is permitted. Confirm condition with the Zoning Department. The parking spaces may not extend into the public right-of-way. Site Drainage: The applicant is advised that storm run-off from the property or structures thereof must be kept on the applicant's property and may not be drained to the alley or adjacent streets. Trash Storage: The final development plan must indicate a trash storage area which may not be placed in the public right-of-way and should be indicated as a "trash and recycle" area. Any trash and recycle areas that include utility meters or equipment must provide that these remain unblocked by trash or recycle containers. Vegetation: It is preferred that vegetation and trees be preserved by the applicant. Bushes located in the right-of-way along Durant Avenue could be saved even with construction of the sidewalk. The site plan submitted indicates that a seventy feet tall spruce tree is to be removed as part of the development. Measures should be taken to avoid destroying this historic tree. A permit is required to remove any tree over six inches in diameter. The property owner is responsible for landscaping any right-of-way area which is disturbed by construction and maintenance of the right-of-way area adjacent to the property. Right-of-way work must be approved by the appropriate agencies. Encroachments: The encroaching fences and shed must be removed per the development site plan. Any new structures must be placed within property limits. Any new utility equipment must be placed within property limits. Sidewalks, Curbs & Gutters: Per Section 19-98, a certificate of occupancy shall not be issued until sidewalks have been constructed. An existing sunken section of curb and gutter along the south property line, which may be above a water service, must be repaired per Section 19-103. Prior to commencing work within the public right-of-way, the applicant shall consult the City Engineering Department (920-8040) for design considerations, City Parks Department (920- 5120) for vegetation alterations including tree removal on private property, and shall obtain permits from the City Streets Department (920-5130) for any work or development within public rights -of -way. 94004sub.ref 0 0 Exhibit E MEMORANDUM TO: Mary Lackner, Planning Office FROM: Cindy Christensen, Housing Office DATE: June 17, 1994 RE: 204 East Durant GMQS Exemption, Subdivision and Text Amendment Parcel ID No. 2735-131-05-002 ISSUE: The applicant is requesting an exemption from the City's growth management quota system (GMQS) for the reconstruction of four multi -family dwelling units, located at 204 East Durant Avenue. A GMQS exemption for the provision of four on -site, affordable housing units is also be requested. I will be addressing this issue. BACKGROUND: The applicant is proposing to provide four on -site affordable housing units on the project's middle and lower levels. The project's lower level will contain one 600 square foot, one bedroom unit and one 850 square foot, two bedroom unit. The middle level will contain two 600 square foot, one bedroom units. The specific requirements of the Resident Multi -Family Housing Replacement Program are as follows: 1. A minimum of 50% of the net residential area demolished must be replaced as deed restricted affordable housing. 2. The replacement housing must be configured in such a manner as to replace 50% of the bedrooms which are lost through demolition. 3. A minimum of 50% of the replacement housing must be above natural grade. 4. The replacement housing must be developed on the same site on which the demolition occurred unless it can be demonstrated •that the replacement of the units on -site would be incompatible with adopted neighborhood plans or existing site constraints. 5. The income and price categories of the replacement housing units may be determined by the applicant provided, however, that a minimum of 20% of the bedrooms are deed restricted to low income guidelines and no more than 20% of the units are restricted to resident. • • RECOMMENDATION: The Housing Office recommends approval of this request as the applicant is proposed to provide the following: 1. 3,925 square feet is being demolished and being replaced by 2,650, over the requirement to be replaced. 2. 50% of the bedrooms must be replaced. Ten bedrooms are being demolished and five bedrooms are being replaced. 3. 50% of the replacement housing must be above grade. Although not quite 50% of the replacement is above grade, the other units are partially above grade. 4. The replacement housing is being developed on the same site. 5. The applicant is proposing one Resident Occupied category unit, one Category 1 unit and two Category 2 units. This breakdown is in line with the requirement. If approved, the Housing Office would require the applicant sign and record Deed Restrictions for each unit, -restricting the units as Resident Occupied for Unit 1, Category 1 for Unit 2 and Category 2 for Units 3 and 4. The Housing Office will provide the deed restrictions for recording to the applicant. The Housing Office must have the recorded book and page number prior to building permit approval. \word\referral\204EDUR.EM 2 Exhibit F MEMORANDUM TO: MARY LACKNER, ASPEN/PITKIN PLANING OFFICE FROM: PHIL OVEREYNDER, WATER DIRECTOR SUBJECT: 204 EAST DURANT GMQS EXEMPTION DATE: JUNE 27, 1994 Thank you for the opportunity to review the above referenced application. The Aspen Water Department has the following comments. The proposed project is located within the Aspen City limits and will be served by the Aspen Water Department pursuant to adopted City Water Policy. There is sufficient water capacity to serve expected development within the City. The application states (page 22) that water service will be through a connection to either a 6-inch or 20-inch water main located in the Durant Avenue right-of-way. The 6-inch main in Durant Avenue is a redundant facility which only provides service on a dead end portion of the line. The Water Department recommends that service be provided by connection to the 20-inch water main. It is further recommended that the 6-inch cast iron water main be abandoned on the subject block of Durant Avenue, and that existing water connections on this block be relocated to the 20-inch line in order to provide reliable water service to the area and eliminate existing redundant facilities which increase the risk of failure of the water distribution system adjacent to the project. The project should be conditioned to pay its proportionate share of the costs of abandonment. It is recommended that the project engineer contact the Customer Service Department at 920- 5031 to review the proposed plans to establish the amount of the utility connection charges and to review detailed plans to provide water metering service, including water metering of the proposed units. cc: Larry Ballenger Kris Everhart PO: rl /phil/duront.gmgs • Exhibit G, MEMORANDUM TO: Mary Lackner FROM: Bill Drueding RE: 204 E. Durant GMQS Exemption DATE: June 29, 1994 ----------------------------------------------------------------- ----------------------------------------------------------------- 1. A tree removal permit and a landscape plan will be required. 2. The applicant shall furnish an open space plan indicating the areas counted per the "Open Space" definition in Section 3- 101. 3. The applicant shall provide a parking plan. 4. Height shall be calculated per the "Height" definition in Section 3-101. 5. Stairs over 30 inches are not permitted in setbacks [Section 3-101, Yards (A)(5)]. The renderings provided are conceptual. Detailed drawings shall address the issues noted above. 0 Exhibit H MEMORANDUM TO: Mary Lackner, Planning Office FROM: George Robinson, Parks Director6 DATE: June 30, 1994 RE: 204 E. Durant GMQS Exemption, Subdivision & Text Amendment The Parks Department has concerns related to three issues: the spruce tree on Durant Street to be relocated, the spruce tree on Aspen Street to be removed, and sidewalks. 1) The 8" diameter spruce tree, which is approximately 22' in height, that is proposed to be relocated on site must survive for at least 2 years after it is transplanted or be replaced with equal value. 2) The 22" diameter spruce tree, which is approximately 65' in height, is a significant mature tree that needs to be saved at all costs. Consider redesigning the building to accommodate the health and safety of the tree's survival. No construction should occur within the dripline of the tree. If this is not possible, the only alternative would be to relocate the tree off -site at the owner's expense and donate to the City of Aspen Parks Department or the Golf Course. Location of site to be determined by the City of Aspen. This requires that the tree survive at least two years after it is moved or be replaced with equal value. 3) Sidewalks need to comply with the City of Aspen guidelines from the adopted 1990 Pedestrian Walkway and Bikeway System Plan. Major issues are: a) concrete surface, and b) at least 5 feet in width with no obstacles within this width. 1 0 • MEMORANDUM TO: Aspen Planning and Zoning Commission FROM: Mary Lackner, Planner RE: 204 E Durant GMQS Exemption, Subdivision, and Text Amendment DATE: August 2, 1994 SUMMARY: The Planning Commission approved the applicant's request for Multi -Family Housing Replacement and Subdivision on July 5, 1994. The Commission tabled the applicant's request for the text amendment for clearer proposed language. Staff and the applicant have discussed various approaches to clarify the code amendment that would permit garage aprons to be used as legal parking spaces in multi -family projects that do not share common parking. A copy of the applicant's revised text amendment request is included as Exhibit "A". Text Amendment (Section 24-7-1101) The applicant is seeking approval of a text amendment that would consider automobile parking spaces on garage aprons to be legal spaces. The City of Aspen permits single family and duplex units to utilize these garage aprons as legal parking spaces (See Section 24-5-302 C. below). Aprons are a logical place to park a car because they are usually paved and provide easy access to the entrance of a residence. The Code does not permit the use of garage aprons for legal parking spaces for multi -family projects (See Section 24-5-302 A. below). The primary reason this is not permitted for multi -family projects is the potential that residents of different units would block each other. In other words, vehicles belonging to different units would be stacked together. The layout of the 204 E. Durant project would allow this stacking for automobiles from the same unit. This proposed text amendment will only affect multi -family developments. The Commission reviewed a similar request for the Oblock townhomes. After considerable discussion, the Planning Commission tabled the review. The applicant then discontinued the request in order to continue the review process. Adopted Section 5-302 Characteristics of off-street parking spaces and access to street or alley A. General. Each off-street parking space shall consist of an open area measuring eight and one-half feet (8-1/21) wide by eighteen feet (18' ) long and seven feet (7' ) high with a maximum slope of twelve (12) percent in any one direction. Each parking space, except those provided for detached residential dwellings and duplex dwellings, shall have an unobstructed access to a street or alley. No driveway shall exceed a maximum slope of twelve (12) percent within twenty feet of a property line bordering a public or private right-of-way. Off-street parking must be paved with all-weather surfacing or be covered with gravel and maintained in a usable condition at all times. C. Detached and duplex residential dwelling parking. Off- street parking provided for detached residential dwellings and duplex dwellings are not required to have unobstructed access to a street or alley, but may consist of garage area, or parking strip or apron. The text language proposed by the applicant follows: A. General. Each off-street parking space shall consist of an open area measuring eight and one-half feet (8-1/21) wide by eighteen feet (181) long and seven feet (71) high with a maximum slope of twelve (12) percent in any one direction. Each parking space, except for those provided for detached residential dwellings and duplex dwellings, shall have an unobstructed access to a street or alley. Off-street parking provided for multi -family dwellings which do not share a common parking area may be exempted from the unobstructed access requirement subject to Special Review pursuant to Art. 7, Div. 4. No driveway shall exceed a maximum slope of twelve (12) percent within twenty feet of a property line bordering a public or private right-of-way. Off-street parking must be paved with all-weather surfacing or be covered with gravel and maintained in a usable condition at all times. Since this code amendment requires that Special Review be granted, the following paragraph will be added to the Special Review provisions of the Regulations. Sec. 7-404 Review standards for Special Review B. Off-street parking requirements. 3. Off-street parking provided for multi- family dwelling units which do not share a common parking area is not required to have unobstructed access to a street or alley, but may consist of garage area, parking strip or apron provided that the applicant demonstrates that adequate landscaping will be installed to reduce the parking's visual impact. Developments consisting of three or more dwelling units shall install one (1) planter buffer per three parking spaces. Planter buffers shall be a minimum of ten (10) feet long by two and one-half (2-1/2) feet wide by two (2) feet high unless otherwise varied by the Commission. The location of the planters may also be varied by the Commission based on site specific circumstances provided that no fewer than three (3) planter buffers are provided per three (3) off-street parking spaces. Code amendments also requires Section 7-1101 of the Aspen Land Use Regulations to be addressed. In reviewing an amendment to the text of this chapter or an amendment to the official zone district map, the city council and the commission shall consider: A. Whether the proposed amendment is in conflict with any applicable portions of this chapter. Response: The proposed text amendment complies with the applicable portions of the Aspen Land Use Regulations. B. Whether the proposed amendment is consistent with all elements of the Aspen Area Comprehensive Plan. Response: The Transportation Action Plan of the AACP discusses parking issues in a community wide and public program approach. Staff does not believe that the proposed amendment will be inconsistent with any element of the AACP. C. Whether the proposed amendment is compatible with surrounding zone districts and land uses, considering existing land use and neighborhood characteristics. Response: The text amendment would enable all other multi -family structures in any zone district to use garage aprons for legal parking spaces provided they do not share common area. This criteria is not generally applicable because it suggests only the development parcel would be affected by a code amendment. D. The effect of the proposed amendment on traffic generation and road safety. Response: The text amendment will not affect traffic generation from the project. Road safety should not be affected as traffic circulation will be concentrated in the alley. E. Whether and the extent to which the proposed amendment would result in demands on public facilities, and whether and the extent to which the proposed amendment would exceed the capacity of such public facilities, including but not limited to transportation facilities, sewage facilities, water supply, parks, drainage, schools, and emergency medical facilities. Response: The text amendment may have a positive impact on drainage facilities on properties that take advantage of using garage aprons as legal parking spaces. By utilizing this area for parking, less paved surface needs to be provided elsewhere on the property to accommodate parking. Staff believes this amendment will permit more permeable surface area on a site for on -site drainage. The Fire District has considered the proposed code amendment and does not believe there will be any adverse impacts on their ability to provide fire protection to multi -family structures. F. Whether and the extent to which the proposed amendment would result in significant adverse impacts on the natural environment. Response: As discussed under item E above, the text amendment may actually reduce the paved area on a development parcel, thereby providing improved drainage of the site. The proposed language requiring planters will also help break up the urban alley scape. G. Whether the proposed amendment is consistent and compatible with the community character in the City of Aspen. Response: Historic Preservation Officer, Amy Amidon, has prepared an "Alley Enhancement Study Report" which concludes that to encourage the preservation of Aspen's historic character, parking along residential alleys is preferred to be located at the rear of a parcel and accessed from the alley. Staff has concern that if garage aprons are used as parking areas the garage side of the building will look like a large parking strip with the crowding of vehicles. In keeping with the recommendations of the Alley Report, staff recommends that the code amendment be approved, however, planter islands should be located between each garage apron to soften the impact of a vehicle dominant area. The applicant's project is proposing a total of twelve outdoor parking spaces and eight spaces within garages. Should the Planning Commission agree with staff to require planter buffers between every three parking spaces, this will break up the auto dominant appearance of this alley area. H. Whether there have been changed conditions affecting the subject parcel or the surrounding neighborhood which support the proposed amendment. Response: Although staff does not believe there is a changed condition in the neighborhood that would support the proposed amendment, we believe the amendment would create a change in the use of open space and existing off-street parking for multi -family projects. In addition, the Residential Parking Permit program will require residents to park off the street. Should the text amendment not be approved, the applicant would need to provide the required eight parking spaces proposed for the garage aprons elsewhere on -site. Denial of this code amendment would result in a de facto density control. An applicant needs to provide a percentage of open space on a parcel in addition to on - site parking. Should the area under garage aprons not be approved as legal parking space, some projects may be required to scale back the number of bedrooms or units in order to meet the on -site open space and parking requirements of the Code. I. Whether the proposed amendment would be in conflict with the public interest, and is in harmony with the purpose and intent of this chapter. Response: Staff has identified the potential negative impacts and advantages from the approval of the proposed amendment. Staff believes that the proposed amendment can be approved (with recommended changes) and be in harmony with the purpose and intent of the Aspen Land Use Regulations. STAFF RECOMMENDATION: The Planning Office recommends approval of the applicant's proposed text amendment as follows: Section 5-302 Characteristics of off-street parking spaces and access to street or alley A. General. Each off-street parking space shall consist of an open area measuring eight and one-half feet (8-1/21) wide by eighteen feet (181) long and seven feet (7') high with a maximum slope of twelve (12) percent in any one direction. Each parking space, except for those provided for detached residential dwellings and duplex dwellings, shall have an unobstructed access to a street or alley. Off-street parking provided for multi -family dwellings which do not share a common parking area may be exempted from the unobstructed access requirement subject to Special Review pursuant to Art. 7, Div. 4. No driveway shall exceed a maximum slope of twelve (12) percent within twenty feet of a property line bordering a public or private right-of-way. Off-street parking must be paved with all-weather surfacing or be covered with gravel and maintained in a usable condition at all times. Since this code amendment requires that Special Review be granted, the following paragraph will be added to the Special Review provisions of the Regulations. Sec. 7-404 Review standards for Special Review B. Off-street parking requirements. • • 3. Off-street parking provided for multi -family dwelling units which do not share a common parking area is not required to have unobstructed access to a street or alley, but may consist of garage area, parking strip or apron provided that the applicant demonstrates that adequate landscaping will be installed to reduce the parking's visual impact. Developments consisting of three or more dwelling units shall install one (1) planter buffer per three parking spaces. Planter buffers shall be a minimum of ten (10) feet long by two and one-half (2-1/2) feet wide by two ( 2 ) feet high unless otherwise varied by the Commission. The location of the planters may also be varied by the Commission based on site specific circumstances provided that no fewer than three (3) planter buffers are provided per three (3) off-street parking spaces. RECOMMENDED MOTION: "I move to recommend approval for the text amendment to permit parking on garage aprons for multi -family projects with special review approval, to City Council. The Commission also approves the applicant's request for Special Review for apron parking, should City Council approve the proposed text amendment." Exhibits: "A" - Application Information apz.textamend.204Edur 0 0 Exhibit A VANN ASSOCIATES Planning Consultants JUL 19 July 18, 1994 HAND DELIVERED Ms. Mary Lackner Aspen/Pitkin Planning Office 130 South Galena Street Aspen, Colorado 81611 Re: 204 East Durant GMQS Exemption Application Dear Mary: Outlined below is my attempt at drafting alternative text for the off-street parking amendment which has been proposed in connection with the 204 East Durant project. Please note that the revised text requires special review approval from the Planning and Zoning Commission in order to provide parking which does not have unob- structed access to a public street or alley. The revised version also includes your recommendation that landscaped planters be installed to reduce potential visual impacts. As multi -family dwellings are defined as three (3) or more units, the proposed amendment requires the installation of one planter per three (3) parking spaces. The location and dimensions of the planters, however, may be varied by the Commission based on site specific circumstances of each project. The suggested revisions to Section 5-302 of the Land Use regulations are redlined as follows. Sec. 5-302. Characteristics of off-street parking spaces. A. General. Each off-street parking space shall consist of an open area measuring eight and one-half feet (8-1/2') wide by eighteen feet (18') long and seven feet (T) high with a maximum slope of twelve (12) percent in any one direction. Each parking space, except those provid- ed for detached residential dwellings and duplex dwellings, shall have a ......................... public unobstructed area for access to a street or alley. ©ff street te,q .. rtt subJect tt� 8peetal :.R pursuant to Art '7, 3tv �t No driveway shall exceed a maximum slope of twelve (12) percent within 230 East Hopkins Avenue • Aspen, Colorado 81611 •303-925-6958 • Fax 303-920-9310 n • • twenty (20) feet of a property line bordering a public or private right- of-way. Off-street parking must be paved with all-weather surfacing or be covered with gravel and maintained in a usable condition at all times. In addition, Section 7-404 must be revised to provide for special review by the Commission. The following paragraph is suggested to be added to this section of the Regulations. Sec. 7-404. Review standards for Special Review. B. Off -Street parking requirements. 3. Off-street parking provided for multi -family dwelling units which do not share a common parking area is not required to have unobstructed access to a street or alley, but may consist of garage area, parking strip or apron provided that the applicant demonstrates that adequate landscaping will be installed to reduce the parking's visual impact. Developments consisting of three or more dwelling units shall install one (1) planter buffer per three parking spaces. Planter buffers shall be a minimum of ten (10) feet long by two and one-half (2-1/2) feet wide by two (2) feet high unless otherwise varied by the commission. The location of the planters may also be varied by the Commission based on site specific circumstances provided that no fewer than three (3) planter buffers are provided per three (3) off-street parking spaces. Should you have any questions, or if I can be of any further assistance, please do not hesitate to call. Yours truly, VAN ASSOCIATES Sunny Vin, AICP Lf SV:cwv cc: Douglas P. Allen, Esq. cAbus\city.1tNtr24794.m12 ,1 Exhibit A VANN ASSOCIATES Planning Consultants July 18, 1994 HAND DELIVERED Ms. Mary Lackner Aspen/Pitkin Planning Office 130 South Galena Street Aspen, Colorado 81611 Re: 204 East Durant GMQS Exemption Application Dear Mary: JUL 1 9�- Outlined below is my attempt at drafting alternative text for the off-street parking amendment which has been proposed in connection with the 204 East Durant project. Please note that the revised text requires special review approval from the Planning and Zoning Commission in order to provide parking which does not have unob- structed access to a public street or alley. The revised version also includes your recommendation that landscaped planters be installed to reduce potential visual impacts. As multi -family dwellings are defined as three (3) or more units, the proposed amendment requires the installation of one planter per three (3) parking spaces. The location and dimensions of the planters, however, may be varied by the Commission based on site specific circumstances of each project. The suggested revisions to Section 5-302 of the Land Use regulations are redlined as follows. Sec. 5-302. Characteristics of off-street parking spaces. A. General. Each off-street parking space shall consist of an open area measuring eight and one-half feet (8-1/2') wide by eighteen feet (18') long and seven feet (T) high with a maximum slope of twelve (12) percent in any one direction. Each parking space, except those provid- ed for detached residential dwellings and duplex dwellings, shall have a public unobstructed area for access to a street or alley. Oftu t r.rr#;;subcl::tt :, eial: Revl::: urstIan t:::fd>::A >liz> 4 No .........................................................................................................................................................:......::......... driveway shall exceed a maximum slope of twelve (12) percent within 230 East Hopkins Avenue • Aspen, Colorado 81611 •303/925-6958 • Fax 303/920-9310 n 1] twenty (20) feet of a property line bordering a public or private right- of-way. Off-street parking must be paved with all-weather surfacing or be covered with gravel and maintained in a usable condition at all times. In addition, Section 7-404 must be revised to provide for special review by the Commission. The following paragraph is suggested to be added to this section of the Regulations. Sec. 7-404. Review standards for Special Review. B. Off -Street parking requirements. 3. Off-street parking provided for multi -family dwelling units which do not share a common parking area is not required to have unobstructed access to a street or alley, but may consist of garage area, parking strip or apron provided that the applicant demonstrates that adequate landscaping will be installed to reduce the parking's visual impact. Developments consisting of three or more dwelling units shall install one (1) planter buffer per three parking spaces. Planter buffers shall be a minimum of ten (10) feet long by two and one-half (2-1/2) feet wide by two (2) feet high unless otherwise varied by the commission. The location of the planters may also be varied by the Commission based on site specific circumstances provided that no fewer than three (3) planter buffers are provided per three (3) off-street parking spaces. Should you have any questions, or if I can be of any further assistance, please do not hesitate to call. Yours truly, VAN ASSOCIATES Sunny V4nn, AICP V SV:cwv cc: Douglas P. Allen, Esq. c:\bus\city.ItNtr24794.m12 I PUBLIC NOTICE RE: 204 EAST DURANT STREET PUD VARIANCE NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, November 22, 1994 at a meeting to begin at 4:30 p.m. before the Aspen Planning and Zoning Commission, 2nd Floor Meeting Room, City Hall, 130 S. Galena St., Aspen, to consider an application submitted by S.G.A. Aspen Limited Liability Company, c/o Douglas P. Allen, 225 N. Mill St., Suite 210, Aspen, CO, requesting a PUD variance to reduce the west side yard to zero feet and to reduce the required parking by one space, to preserve a 65 foot spruce tree on the site. The property is located at 204 E. Durant Avenue; Lots K, L, M, N and O, Block 77, City and Townsite of Aspen. For further information, contact Mary Lackner at the Aspen/Pitkin Planning Office, 130 S. Galena St., Aspen, CO 920- 5106 s/Bruce Kerr, Chairman Aspen Planning and Zoning Commission Published in the Aspen Times on November 4, 1994 ----------------------------------------------------------------- ----------------------------------------------------------------- City of Aspen Account C,� Fa �^� ra,,�r. /o/z8/9`i PUBLIC NOTICE RE: 204 EAST DURANT STREET PUD REVIEW AND AMENDMENT TO THE OFFICIAL ZONE DISTRICT MAP OF THE CITY OF ASPEN NOTICE IS HEREBY GIVEN that a public hearing will be held on Monday, December 12, 1994 at a meeting to begin at 5:00 p.m. before the Aspen City Council, Council Chambers, City Hall, 130 S. Galena St., Aspen, to consider an application submitted by S.G.A. Aspen Limited Liability Company, c/o Douglas P. Allen, 225 N. Mill St., Suite 210, Aspen, CO, requesting to place a PUD overlay zone on the property and vary the side yard setback, reducing the west side yard to zero feet and reducing the required parking by one space to preserve a 65 foot spruce tree on the site. The property is located at 204 E. Durant Avenue; Lots K, L, M, N and 0, Block 77, City and Townsite of Aspen. For further information, contact Mary Lackner at the Aspen/Pitkin Planning Office, 130 S. Galena St., Aspen, CO 920-5106 s/John Bennett, Mayor Aspen City Council Published in the Aspen Times on November 25, 1994 ----------------------------------------------------------------- ----------------------------------------------------------------- City of Aspen Account C +a �1va'*-ot (11r� (?y ENGINEERS • S SURVEYORS (303) 925-6727 SCHMUESER GM P.O. BOX 2155 FAX (303) 925-4157 GORDON MEYER Aspen, CO 81612 July 29, 1994 Mr. Phil Overeynder CITY OF ASPEN WATER DEPARTMENT 130 South Galena St. Aspen, CO. 81611 RE: S.G.A. Townhomes (formerly Carriage House) Project, Abandonment of the 6 inch Diameter Water Main in Durant Avenue Dear Phil: I am writing in follow-up to our conversation of July 5th regarding the proposed abandonment of the existing 6 inch diameter cast iron water main in Durant Avenue and the appropriate service configuration and cost sharing arrangement for the proposed S.G.A. Townhomes project. The S.G.A. Townhomes property comprises Lots K, L, M, N and 0 of Block 77 in the Original Townsite of Aspen, Colorado. The property is located on the northeast corner of the intersection of Durant Avenue and South Aspen Street at 204 East Durant. Based on our conversation, it is my understanding that the City Water Department would prefer to have the S.G.A. project obtain service from the 20 inch diameter ductile iron water main in Durant Avenue, abandon its existing service connection to the older 6 inch diameter cast iron main and pay a proportionate share of the additional costs associated with completely abandoning the 6 inch line. By relocating its new service to the larger main and abandoning the existing service to the 6 inch diameter line, the S.G.A. Townhomes would accomplish the required relocation of their service to accommodate abandoning the smaller main. We would anticipate that the other properties served by the 6 inch diameter line would likewise be responsible for the direct cost of relocating their own services to the 20 inch line. The S.G.A. Townhomes project would agree to paying a proportionate share of the remaining work required to excavate, disconnect and abandon the 6 inch main in place including, but not limited to, the cost of excavation, removal and replacement of fittings and valves, placement of plugs, reconnection of hydrant number 701 to the 20 inch line, backfill and pavement repair. Our understanding is that the City intends to have services relocated to the 20 inch line, disconnect the 6 inch main where it currently ties in to other adjacent mains and leave the substantial majority of the 6 inch line in place. The determination of a "proportionate share" of these common costs would be based on an appropriate assessment of the properties currently served by the 6 inch diameter main such as relative ECU demand (preferred, from our standpoint), unit count or front footage. Our clients are seeking to clarify their commitment with regard to water service configuration and cost sharing of area system improvements. Please let me know if you find the above outline an adequate description of the City of Aspen's intent with regard to water service and cost sharing 118 West 6th, Suite 200 • Glenwood Springs, Colorado • (303) 945-1004 July 29, 1994 Mr. Phil Overeynder Page 2 for the S.G.A. Townhomes project. Please feel free to contact me if I may provide further information or if you would like to detail the • cost sharing items further. We realize that this would need to be covered in further detail in the improvements agreement for the project. Very truly yours, SCHMUESER GORDON MEYER INC. W,( t ammond, P.E. , Aspen Office JHAh 94041PO cc: Sunny Vann Drew Rader, Beaudin Ganze, Inc. SCHMUESER GORDON MEYER, INC. 0 • MEMORANDUM TO: Aspen Planning and Zoning Commission FROM: Mary Lackner, Planner RE: 204 E Durant GMQS Exemption, Subdivision, and Text Amendment DATE: July 5, 1994 ----------------------------------------------------------------- ----------------------------------------------------------------- SUMMARY: This application seeks to demolish an existing six unit multi -family project and replace it with an eight unit multi- family structure. This is the second project that will be utilizing the Resident Multi -Family Housing Replacement Program, which is specified in Section 18-3.3 of the Aspen Municipal Regulations. The applicant is seeking GMQS Exemptions, Subdivision, and a Text Amendment to accommodate this development. APPLICANT: SGA Aspen Limited Liability Company, c/o Doug Allen, represented by Vann Associates, Mr. Sunny Vann. LOCATION: 204 E. Durant, which is located within Block 77, Lots K, L, M, N and O, City and Townsite of Aspen. ZONING: L/TR - Lodge/Tourist Residential. APPLICANT'S REQUEST: The applicant is requesting GMQS Exemptions to reconstruct four free market dwelling units and build four new fully deed restricted dwelling units. The Text Amendment request is to allow the use of garage aprons as legal parking areas. Subdivision approval is also requested so that the applicant may condominimize the free market units at a later date. The applicant will be seeking vested rights approval for three years from City Council. Please refer to the complete application package. REFERRAL COMMENTS: 1. Aspen Consolidated Sanitation District: Bruce Matherly has indicated that there are downstream line constraints in the First Street area. Development upstream will be required to pay a development impact fee, which will be in addition to normal connection charges. 2. Engineering Department: Cris Caruso has discussed parking, site drainage, trash storage, vegetation, sidewalks/curbs/gutters, and encroachments in his referral memorandum. 3. Fire Marshall: Ed Van Walraven states that the project will be required to have a residential sprinkler and alarm system installed. 4. Housing Authority: Cindy Christensen has submitted comments regarding compliance with the multi -family housing replacement program. S. Parks Department: George Robinson expressed concern that the large spruce tree will most likely not survive a transplanting and would like to see that this tree remain in its present location. 6. Water Department: Phil Overeynder has submitted comments that the Water Department has the ability to serve this project once the applicable utility and connection fees are paid by the applicant. The applicant will need to connect to the new water main in Durant Street. 7. Zoning Office: Bill Drueding has submitted comments that request more information to determine if the open space and height requirements of the zone district will be met. STAFF COMMENTS: This is the second application to be reviewed pursuant to the multi -family housing replacement program that was adopted with Ordinance 1. The first replacement proposal was discontinued after P&Z review. This memorandum will review GMQS Exemptions for Multi -family Housing Replacement, Subdivision, and a Text Amendment. GMQS Exemptions for Multi -family Replacement (Section 18-3.3) (a) Minimum replacement requirement. In the event of the demolition of resident multi -family housing, the owner shall be required to construct replacement housing consisting of no less than fifty (50) percent of the square footage of net residential area demolished or converted. The replacement housing shall be configured in such a way as to replace fifty (50) percent of the bedrooms that are lost as working resident housing by demolition. A minimum of fifty (50) percent of the replacement housing shall be above natural grade. The replacement housing shall be deed restricted as affordable housing in accordance with the requirements of Article IV, below. Response: The existing multi -family structure, which is proposed to be demolished, is 3,925 sq.ft. of net residential area. The proposed replacement net residential area is 2,650 sq.ft. This represents a 68% replacement which exceeds the 50% requirement of this standard. The structure that is slated to be demolished contains nine bedrooms, and the replacement affordable housing units will include five bedrooms. This exceeds the requirement that 50% of the bedrooms shall be replaced. 2 -v Although the existing units are above grade, this provision permits 50% of the replacement units to be below natural grade. Of the four replacement units, two will be above grade and two will be at a garden level partially below grade. Fifty-five percent of the replacement square footage and 50% of the units are located partially below grade. (b) Location of replacement housing. Multi -family replacement units shall be developed on the same site on which demolition has occurred..... Response: The proposed replacement units are being developed on the same site that the existing units are located. (c) Timing and quality of replacement unit. Replacement units shall be available for occupancy at the same time as the new unit or units, regardless of whether the replacement units are built on -site or off -site, and shall contain fixtures, finish and amenities required by the housing designee's guidelines. Response: The application does not address the timing of occupancy for the affordable housing units, however because of the integrated nature of the affordable units within the townhome complex it appears that they will be available for occupancy at the time of the free market units. The applicant will need to obtain approval from the Housing Office as to the quality of fixtures, finish, and amenities of the affordable housing units, prior to the issuance of any building permits for the project. Article IV. Rental and Resale Restrictions Replacement units shall be subject to deed restriction in a form and substance acceptable to the city council. Such deed restricted units may only be rented or sold to tenants or buyers who meet the city's qualifications in effect at the time of sale or rental, and at sale prices or rental rates which are also in compliance with the city's current regulations. The owner shall be entitled to select tenants or purchasers subject to the aforementioned qualifications. The mix of affordable housing units, as between low, moderate, and middle income, or resident occupied, may be determined by the owner, provided no less than twenty (20) percent of the bedrooms qualify as low income and no more than twenty (20) percent of the units are available as resident occupied units. Response: The applicant will need to meet the deed restriction requirements for the occupancy of the affordable housing units. The applicant has submitted an amendment to the application which states that the proposed resident occupied unit will be a Category #2 unit. Therefore, the redeveloped affordable housing units will 3 contain 20% low income bedrooms and 80% low/moderate income units. This unit mix exceeds the minimum requirements of the Code. In summary, the applicant is proposing the following units to be deed restricted: Unit 1 Category #2 (2 bdrm, 850 net livable sq. ft. ) Unit 2 Category #1 (1 bdrm, 600 net livable sq. ft. ) Unit 3 Category #2 (1 bdrm, 600 net livable sq.ft.) Unit 4 Category #2 (1 bdrm, 600 net livable sq. ft. ) subdivision The Aspen Municipal Code requires that all division of land and the development of multi -family units on a single parcel of land be subject to the Subdivision regulations. The applicant will be seeking condominimization approvals once the townhomes are under construction. Although the applicant has not decided on how the condominization will finally be structured, it is anticipated that the four free market units will each be condominimized with an affordable housing unit. Therefore, future purchasers will buy a free market unit and a fully deed restriction unit, which have mandatory occupancy, income, and rental restrictions. Section 24-7-1004.0 sets the following review standards for subdivision applications: 1.a. The proposed subdivision shall be consistent with the Aspen Area Comprehensive Plan. Response: The only reference the Aspen Area Community Plan (AACP) makes to this property is the Open Space/Recreation and Environment Action Plan. This plan identifies East Durant as a primary pedestrian commuter route. The applicant has committed to install sidewalks on E. Durant and Aspen Street in front of this project. l.b. The proposed subdivision shall be consistent with the character of existing land uses in this area. Response: The surrounding parcels on Durant and Aspen Streets are also zoned L/TR (Lodge/Tourist Residential) with similar densities in residential and lodge buildings. The proposed subdivision is consistent with the character of existing surrounding land uses. The 22" spruce tree which is proposed to be removed would negatively impact the character of this neighborhood. This tree, approximately 65 feet high, is a significant asset to this neighborhood. The Parks Department and staff strongly recommend that the proposed structure be redesigned to accommodate the tree's survival in it's existing location. l.c. The proposed subdivision shall not adversely affect the future 4 development of surrounding areas. Response: In the immediate vicinity of this project there is a mix of residences and lodges from various time periods and in varying physical conditions. As with this project, there will probably be some other properties that will be redeveloped over the next several years. Staff does not see this request as posing any adverse affects on future development of surrounding properties. 1.d. The proposed subdivision shall be in compliance with all applicable requirements of this chapter. Response: All development associated with this project will be required to comply with the requirements of the L/TR zone district and relevant provisions of the Aspen Land Use Regulations. The applicant is seeking a text amendment to permit parking on garage aprons, however, no other variances are being requested. 2.a. The proposed subdivision shall not be located on land unsuitable for development because of flooding, drainage, rock or soil creep, mudflow, rockslide, avalanche or snowslide, steep topography or any other natural hazard or other condition that will be harmful to the health, safety, or welfare of the residents in the proposed subdivision. Response: None of these natural hazards will affect the proposed development. 2.b. The proposed subdivision shall not be designed to create spatial patterns that cause inefficiencies, duplication or premature extension of public facilities and unnecessary public costs. Response: Since this project is a redevelopment of an existing building, no inefficient spatial patterns, premature extension of public facilities or unnecessary public costs will be created by the proposed development. The primary infrastructure to serve development in the East Durant area is already in place. However, the applicant is required to pay for some sanitary upgrades as indicated by the ACSD letter. The applicant will need to submit a Final Plat and Subdivision/PUD Agreement within 180 days of City Council review, if the project is approved. Text Amendment (Section 24-7-1101) The applicant is seeking approval of a text amendment that would consider automobile parking spaces on garage aprons to be legal spaces. The City of Aspen permits single family and duplex units to utilize these garage aprons as legal parking spaces (See Section 24-5-302 C. below). Aprons are a logical place to park a car 5 because they are usually paved and provide easy access to the entrance of a residence. The Code does not permit the use of garage aprons for legal parking spaces for multi -family projects (See Section 24-5-302 A. below). The primary reason this is not permitted for multi -family projects is the potential that residents of different units would block each other. In other words, vehicles belonging to different units would be stacked together. The layout of the 204 E. Durant project would allow this stacking for automobiles from the same unit. This proposed text amendment will only affect multi -family developments. The Commission reviewed a similar request for the O Block townhomes. After considerable discussion, the Planning Commission tabled the review. The applicant then discontinued the request in forder to continue the review process. Adopted Section 5-302 Characteristics of off-street parking spaces and access to street or alley A. General. Each off-street parking space shall consist of an open area measuring eight and one-half feet (8-1/21) wide by eighteen feet (181) long and seven feet (71) high with a maximum slope of twelve (12) percent in any one direction. Each parking space, except those provided for detached residential dwellings and duplex dwellings, shall have an unobstructed access to a street or alley. No driveway shall exceed a maximum slope of twelve (12) percent within twenty feet of a property line bordering a public or private right-of-way. off-street parking must be paved with all-weather surfacing or be covered with gravel and maintained in a usable condition at all times. C. Detached and duplex residential dwelling parking. Off- street parking provided for detached residential dwellings and duplex dwellings are not required to have unobstructed access to a street or alley, but may consist of garage area, or parking strip or apron. The text language proposed by the applicant follows: A. General. Each off-street parking space shall consist of an open area measuring eight and one-half feet (8-1/21) wide by eighteen feet (181) long and seven feet (71) high with a maximum slope of twelve (12) percent in any one direction. Each parking space, shall have an unobstructed access to a street or alley unless exempted from this requirement as;provided'for, in Sec. 5-302.C.. No driveway shall exceed a maximum slope of twelve (12) percent within twenty feet of a property line bordering a public or private right-of-way. Off- street parking must be paved with all-weather surfacing Z MI or be covered with gravel and maintained in a usable condition at all times. C. Access to.:.a street or alley.Off-street parking provided for detached residential dwellings, and duplex dwellings and multi. -family dwellings,' which do not share a common parking area are is not required to have unobstructed access to a street or alley, but may consist of garage area, or parking strip or apron. In reviewing an amendment to the text of this chapter or an amendment to the official zone district map, the city council and the commission shall consider: A. Whether the proposed amendment is in conflict with any applicable portions of this chapter. Response: The proposed text amendment complies with the applicable portions of the Aspen Land Use Regulations. B. Whether the proposed amendment is consistent with all elements of the Aspen Area Comprehensive Plan. Response: The Transportation Action Plan of the AACP discusses parking issues in a community wide and public program approach. Staff does not believe that the proposed amendment will be inconsistent with any element of the AACP. C. Whether the proposed amendment is compatible with surrounding zone districts and land uses, considering existing land use and neighborhood characteristics. Response: The text amendment would enable all other multi -family structures in any zone district to use garage aprons for legal parking spaces provided they do not share common area. This criteria is not generally applicable because it suggests only the development parcel would be affected by a code amendment. D. The effect of the proposed amendment on traffic generation and road safety. Response: The text amendment will not affect traffic generation from the project. Road safety should not be affected as traffic circulation will be concentrated in the alley. E. Whether and the extent to which the proposed amendment would result in demands on public facilities, and whether and the extent to which the proposed amendment would exceed the capacity of such public facilities, including but not limited to transportation facilities, sewage facilities, water supply, parks, drainage, schools, and 7 1 emergency medical facilities. Response: The text amendment may have a positive impact on drainage facilities on properties that take advantage of using garage aprons as legal parking spaces. By utilizing this area for parking, less paved surface needs to be provided elsewhere on the property to accommodate parking. Staff believes this amendment will permit more permeable surface area on a site for on -site drainage. The Fire District has considered the proposed code amendment and does not believe there will be any adverse impacts on their ability to provide fire protection to multi -family structures. F. Whether and the extent to which the proposed amendment would result in significant adverse impacts on the natural environment. Response: As discussed under item E above, the text amendment may actually reduce the paved area on a development parcel, thereby providing improved drainage of the site. G. Whether the proposed amendment is consistent and compatible with the community character in the City of Aspen. Response: Historic Preservation Officer, Amy Amidon, has prepared an "Alley Enhancement Study Report" which concludes that to encourage the preservation of Aspen's historic character, parking along residential alleys is preferred to be located at the rear of a parcel and accessed from the alley. Staff has concern that if garage aprons are used as parking areas the garage side of the building will look like a large parking strip with the crowding of vehicles. In keeping with the recommendations of the Alley Report, staff recommends that the code amendment be approved, however, planter islands should be located between each garage apron to soften the impact of a vehicle dominant area. The applicant's project is proposing a total of twelve outdoor parking spaces and eight spaces within garages. Should the Planning Commission agree with staff to require planter buffers between each unit's garage apron, this will break up the auto dominant appearance of this alley area. H. Whether there have been changed conditions affecting the subject parcel or the surrounding neighborhood which support the proposed amendment. Response: Although staff does not believe there is a changed condition in the neighborhood that would support the proposed LM a 0 amendment, we believe the amendment would create a change in the use of open space and existing off-street parking for multi -family projects. In addition, the Residential Parking Permit program will require residents to park off the street. Should the text amendment not be approved, the applicant would need to provide the required eight parking spaces proposed for the garage aprons elsewhere on -site. Denial of this code amendment would result in a de facto density control. An applicant needs to provide a percentage of open space on a parcel in addition to on - site parking. Should the area under garage aprons not be approved as legal parking space, some projects may be required to scale back the number of bedrooms or units in order to meet the on -site open space and parking requirements of the Code. I. Whether the proposed amendment would be in conflict with the public interest, and is in harmony with the purpose and intent of this chapter. Response: Staff has identified the potential negative impacts and advantages from the approval of the proposed amendment. Staff believes that the proposed amendment can be approved (with recommended changes) and be in harmony with the purpose and intent of the Aspen Land Use Regulations. STAFF RECOMMENDATION: The Planning Office recommends approval of the applicant's request for Multi -Family Housing Replacement and Subdivision for the 204 E. Durant project, subject to conditions. Staff also recommends approval of the Text Amendment to permit parking on garage aprons subject to some language changes. Subdivision Conditions: 1. The replacement affordable housing units shall be fully deed restricted as follows: PA Unit 1 Category #2 (2 bdrm,'850 net livable sq. ft. ) Unit 2 Category #1 (1 bdrm, 600 net livable sq. ft. ) Unit 3 Category #2 (1 bdrm, 600 net livable sq. ft. ) Unit 4 Category #2 (1 bdrm, 600 net livable sq. ft. ) 2. The applicant will need to obtain approval from the Housing Office as to the quality of fixtures, finish, and amenities of the affordable housing units, prior to the issuance of any building permits for the project. 3. City Council must approve the applicant's method of housing mitigation. Issues regarding sale, ownership, and subdivision of the affordable housing replacement units must be submitted for review and approval by City Council, prior to first reading. A 0 4. Prior to issuance of any building permits, the applicant shall record the deed restrictions for the affordable housing units and forward a copy to the Planning Office. 5. As recommended by the Aspen Fire Protection District, the applicant shall have a residential sprinkler and alarm system installed in the proposed structure. These systems shall be identified on the building plans. 6. As recommended by the City Engineer in his memo dated June 16, 1994 the applicant shall: a. provide a drainage plan which shall be approved by the City Engineer, prior to issuance of a building permit. b. submit a parking plan, prior to the issuance of a building permit, which illustrates the size and location of all parking spaces. C. submit a site plan which shows a trash and recycle area, utility meters, and other equipment, prior to the issuance of a building permit. d. consult the City Engineering Department (920-5080) for design considerations, City Parks Department (920-5120) for vegetation alterations including tree removal, and shall obtain permits from the City Streets Department (920-5130) for any work or development within public rights -of -way, prior to commencing any of this work. 7. The Zoning Enforcement Officer identified the following items that shall be submitted prior to issuance of a building permit: a. an open space plan indicating the areas counted per the "Open Space" definition in Section 24-3-101. b. height information in accordance with Section 24-3-101 of the Land Use Regulations. 8. In order to be in compliance with the recommendations of the Water Department, the applicant shall: a. connect to the 20-inch water main in Durant Avenue and this shall be verified during the building inspection process. b. pay its proportionate share of the costs associated with `01) the abandonment of the existing 6-inch water line in Durant Avenue. C. contact the Customer Service Department (920-5031) to 10 �1) • • review the proposed plans to establish the amount of the utility connection charges and to review detailed plans to provide water service, including water metering of the proposed units. 9. A sidewalk, curb and gutter shall be installed along E. Durant and Aspen Street, prior to issuance of any Certificates of Occupancy for the project. This sidewalk shall be a concrete surface, at least five feet wide, and no obstacles within this width. 10. The applicant shall submit a Final Plat and Subdivision Agreement within 180 days of City Council review, for review and approval by the City Attorney, City Engineer, and Planning office. 11. The Parks Department has submitted the following conditions of approval with regards to this application: a. The 8" diameter spruce tree, which is approximately 22' in height, that is proposed to be relocated on site must survive for at least 2 years after it is transplanted or be replaced with equal value. The applicant must apply for and receive a tree removal permit prior to any disturbance of this tree. b. The 2211diameter spruce tree, which is approximately 65' 1/1 in` eight, is a significant mature tree that needs to be �� j�' sa at all costs. The applicant shall redesign the bu�il ing to accommodate the health and safety of the tree's survival, prior to first reading by City Council. 12. All material representations made by the applicant in the application and public meetings shall be adhered to and considered conditions of approval, unless otherwise amended by other conditions. Recommended language for the Text Amendment Section 5-302 Characteristics of off-street parking spaces and access to street or alley A. General. Each off-street parking space shall consist of an open area measuring eight and one-half feet (8-1/21) wide by eighteen feet (181) long and seven feet (71) high. Each parking space, shall have a public unrestricted access to a street or alley unless exempted from this requirement as provided for in Section 5-302 C. Off-street parking must be paved with all-weather surfacing or be covered with gravel and maintained in a usable condition at all times. 11 • C. Access to a street or alley. Off-street parking provided for detached residential dwellings, duplex dwellings and multi -family dwellings which do not share a common parking area is not required to have unobstructed access to a street or alley, but may consist of garage area, or parking strip or apron. Developments consisting of more than two dwelling units shall have a planter buffer installed between every two parking spaces. Planter buffers shall be a minimum of ten feet (10' ) long and two and one-half feet (2-1/2' ) wide and thirty inches (30") tall. RECOMMENDED MOTION: "I move to recommend approval of the 204 E. Durant Subdivision and Multi -family Housing Replacement project to City Council. I further move to recommend approval for the text amendment to permit parking on garage aprons for multi -family projects. These recommendations of approval are forwarded to City Council with the conditions recommended in the Planning Office memorandum dated July 5, 1994." Exhibits: "A" - Application Information "B" - Aspen Consolidated Sanitation District referral memo "C" - City Engineering Department referral memo "D" - Housing Office referral comments "E" - Water Department referral comments "F" - Zoning Department referral comments "G" - Parks Department referral comments apz.sub.gmgs.text.204edur 12 Exhibit A VANN ASSOCIATES Planning Consultants May 27, 1994 HAND DELIVERED Ms. Mary Lackner Aspen/Pitkin Planning Office 130 South Galena Street Aspen, Colorado 81611 Re: 204 East Durant GMQS Exemption Application Dear Mary: As you requested, enclosed herewith is a rent schedule for the six (6) existing multi -family units located at 204 East Durant Street. This rent schedule was in place at the time the Applicant purchased the property from Ralph Melville in February of 1994, with the exception of the rental rate for Unit #4 which the Applicant reduced to its present level. With respect to the project's proposed replacement housing, the application indicates that Unit #1 will be deed restricted to APCHA's resident occupancy guidelines. As you pointed out in your May 16, 1994, letter, twenty-five (25) percent of the replacement housing units would be deed restricted to resident occupancy under this scenario. As the Land Use Code limits resident occupied units to a maximum of twenty (20) percent of the replacement housing units, the Applicant will instead deed restrict Unit #1 to APCHA's Category #2 guidelines. Should you have any questions, or if I can be of any further assistance, please do not hesitate to call. Yours truly, MATES AICP a V :GWV Enclosure c:\bus\city.1tr\Itr24794.m11 230 East Hopkins Avenue • Aspen, Colorado 81611 •303/925-6958 • Fax 303/920-9310 • • Exhibit B 0 Nf Aspen Consolidated Sanitation District 565 North Mill Street Aspen, Colorado 81611 Tele. (303) 925-3601 Sy Kelly - Chairman Albert Bishop - Treas. Louis Popish - Secy. June 6. 1994 Mary Lachner Planning Office 130 S. Galena Aspen. CO 81611 Re: 204 E. Durant GMO,S Exemption Dear Mary: FAX N(303) 925-2537 Michael Kelly Frank Loushin Bruce Matherly, Mgr. The Aspen Consolidated Sanitation District currently has sufficient treatment capacity to serve this proposed development. There are downstream constraints in the area of First street that the District will need to alleviate. The improvements needed downstream will be funded through development impact fees, which will be in addition to our normal total connection charges. Service is contingent upon compliance with the District's Rules Regulations and Specifications which are on file at the District office. The total costs of connection can be estimated once detailed plans are available and a tap permit is completed. Please call if you have any questions. Sincere I ,y, Bruce Mather 1 y \..J District Manager EPA AWARDS OF EXCELLENCE 1976 - 1986 - 1990 REGIONAL AND NATIONAL Exhibit C To: From: Date: RE: Memorandum Mary Lackner, Planning Office Cris Caruso, City Engineer June 16, 1994 204 East Durant GMQS Exemption, Subdivision, and Text Amendment Upon review of the above referenced application and site inspection, the Engineering Department has the following comments: Parking: The on -site parking spaces appear adequate in number and function if "stacking" is permitted. Confirm condition with the Zoning Department. The parking spaces may not extend into the public right-of-way. Site Drainage: The applicant is advised that storm run-off from the property or structures thereof must be kept on the applicant's property and may not be drained to the alley or adjacent streets. Trash Storage: The final development plan must indicate a trash storage area which may not be placed in the public right-of-way and should be indicated as a "trash and recycle" area. Any trash and recycle areas that include utility meters or equipment must provide that these remain unblocked by trash or recycle containers. Vegetation: It is preferred that vegetation and trees be preserved by the applicant. Bushes located in the right-of-way along Durant Avenue could be saved even with construction of the sidewalk. The site plan submitted indicates that a seventy feet tall spruce tree is to be removed as part of the development. Measures should be taken to avoid destroying this historic tree. A permit is required to remove any tree over six inches in diameter. The property owner is responsible for landscaping any right-of-way area which is disturbed by construction and maintenance of the right-of-way area adjacent to the property. Right-of-way work must be approved by the appropriate agencies. Encroachments: The encroaching fences and shed must be removed per the development site plan. Any new structures must be placed within property limits. Any new utility equipment must be placed within property limits. Sidewalks, Curbs & Gutters: Per Section 19-98, a certificate of occupancy shall not be issued until sidewalks have been constructed. An existing sunken section of curb and gutter along the south property line, which may be above a water service, must be repaired per Section 19-103. Prior to commencing work within the public right-of-way, the applicant shall consult the City Engineering Department (920-8040) for design considerations, City Parks Department (920- 5120) for vegetation alterations including tree removal on private property, and shall obtain permits from the City Streets Department (920-5130) for any work or development within public rights -of -way. 94004sub.ref M1 • Exhibit D MEMORANDUM TO: Mary Lackner, Planning Office FROM: Cindy Christensen, Housing Office DATE: June 17, 1994 RE: 204 East Durant GMQS Exemption, Subdivision and Text Amendment Parcel ID No. 2735-131-05-002 ISSUE: The applicant is requesting an exemption from the City's growth management quota system (GMQS) for the reconstruction of four multi -family dwelling units, located at 204 East Durant Avenue. A GMQS exemption for the provision of four on -site, affordable housing units is also be requested. I will be addressing this issue. BACKGROUND: The applicant is proposing to provide four on -site affordable housing units on the project's middle and lower levels. The project's lower level will contain one 600 square foot, one bedroom unit and one 850 square foot, two bedroom unit. The middle level will contain two 600 square foot, one bedroom units. The specific requirements of the Resident Multi -Family Housing Replacement Program are as follows: 1. A minimum of 50% of the net residential area demolished must be replaced as deed restricted affordable housing. 2. The replacement housing must be configured in such a manner as to replace 50% of the bedrooms which are lost through demolition. 3. A minimum of 50% of the replacement housing must be above natural grade. 4. The replacement housing must be developed on the same site on which the demolition occurred unless it can be demonstrated that the replacement of the units on -site would be incompatible with adopted neighborhood plans or existing site constraints. 5. The income and price categories of the replacement housing units may be determined by the applicant provided, however, that a minimum of 20% of the bedrooms are deed restricted to low income guidelines and no more than 20% of the units are restricted to resident. • RECOMMENDATION: The Housing Office recommends approval of this request as the applicant is proposed to provide the following: 1. 3,925 square feet is being demolished and being replaced by 2,650, over the requirement to be replaced. 2. 50% of the bedrooms must be replaced. Ten bedrooms are being demolished and five bedrooms are being replaced. 3. 50% of the replacement housing must be above grade. Although not quite 50% of the replacement is above grade, the other units are partially above grade. 4. The replacement housing is being developed on the same site. 5. The applicant is proposing one Resident Occupied category unit, one Category 1 unit and two Category 2 units. This breakdown is in line with the requirement. If approved, the Housing Office would require the applicant sign and record Deed Restrictions for each unit, restricting the units as Resident Occupied for Unit 1, Category 1 for Unit 2 and Category 2 for Units 3 and 4. The Housing Office will provide the deed restrictions for recording to the applicant. The Housing Office must have the recorded book and page number prior to building permit approval. \word\referral\204EDUR.EM 2 • 0 Exhibit E MEMORANDUM TO: MARY LACKNER, ASPEN/PITKIN PLANING OFFICE FROM: PHIL OVEREYNDER, WATER DIRECTOR SUBJECT: 204 EAST DURANT GMQS EXEMPTION DATE: JUNE 27, 1994 Thank you for the opportunity to review the above referenced application. The Aspen Water Department has the following comments. The proposed project is located within the Aspen City limits and will be served by the Aspen Water Department pursuant to adopted City Water Policy. There is sufficient water capacity to serve expected development within the City. The application states (page 22) that water service will be through a connection to either a 6-inch or 20-inch water main located in the Durant Avenue right-of-way. The 6-inch main in Durant Avenue is a redundant facility which only provides service on a dead end portion of the line. The Water Department recommends that service be provided by connection to the 20-inch water main. It is further recommended that the 6-inch cast iron water main be abandoned on the subject block of Durant Avenue, and that existing water connections on this block be relocated to the 20-inch line in order to provide reliable water service to the area and eliminate existing redundant facilities which increase the risk of failure of the water distribution system adjacent to the project. The project should be conditioned to pay its proportionate share of the costs of abandonment. It is recommended that the project engineer contact the Customer Service Department at 920- 5031 to review the proposed plans to establish the amount of the utility connection charges and to review detailed plans to provide water metering service, including water metering of the proposed units. cc: Larry Ballenger Kris Everhart PO: rl /phil/durant.gmgs l� • Exhibit F MEMORANDUM TO: Mary Lackner FROM: Bill Drueding RE: 204 E. Durant GMQS Exemption DATE: June 29, 1994 ----------------------------------------------------------------- ----------------------------------------------------------------- 1. A tree removal permit and a landscape plan will be required. 2. The applicant shall furnish an open space plan indicating the areas counted per the "Open Space" definition in Section 3- 101. 3. The applicant shall provide a parking plan. 4. Height shall be calculated per the "Height" definition in Section 3-101. 5. Stairs over 30 inches are not permitted in setbacks [Section 3-101, Yards (A)(5)J. The renderings provided are conceptual. Detailed drawings shall address the issues noted above. rn J 0 Exhibit G MEMORANDUM TO: Mary Lackner, Planning Office �,� FROM: George Robinson, Parks Director`"Y DATE: June 30, 1994 RE: 204 E. Durant GMQS Exemption, Subdivision & Text Amendment The Parks Department has concerns related to three issues: the spruce tree on Durant Street to be relocated, the spruce tree on Aspen Street to be removed, and sidewalks. 1) The 8" diameter spruce tree, which is approximately 22' in height, that is proposed to be relocated on site must survive for at least 2 years after it is transplanted or be replaced with equal value. 2) The 22" diameter spruce tree, which is approximately 65' in height, is a significant mature tree that needs to be saved at all costs. Consider redesigning the building to accommodate the health and safety of the tree's survival. No construction should occur within the dripline of the tree. If this is not possible, the only alternative would be to relocate the tree off -site at the owner's expense and donate to the City of Aspen Parks Department or the Golf Course. Location of site to be determined by the City of Aspen. This requires that the tree survive at least two years after it is moved or be replaced with equal value. 3) Sidewalks need to comply with the City of Aspen guidelines from the adopted 1990 Pedestrian Walkway and Bikeway System Plan. Major issues are: a) concrete surface, and b) at least 5 feet in width with no obstacles within this width. 0 • AN APPLICATION FOR GROWTH MANAGEMENT QUOTA SYSTEM EXEMPTION AND SUBDIVISION APPROVAL FOR 204 EAST DURANT STREET Submitted by S.G.A. Aspen Limited Liability Company % Douglas P. Allen, Esq. 225 North Mill Street, Suite 210 Aspen, CO 81611 (303) 925-8800 Prepared by VANN ASSOCIATES Planning Consultants 230 East Hopkins Avenue Aspen, Colorado 81611 (303) 925-6958 • PROJECT CONSULTANTS PLANNER Sunny Vann, AICP Vann Associates 230 East Hopkins Avenue Aspen, CO 81611 (303) 925-6958 ARCHITECT Doug Graybeal, AIA Cottle Graybeal Yaw Architects, Ltd. 510 East Hyman Avenue, Suite 21 Aspen, CO 81611 (303) 925-2867 ENGINEER Jay Hammond, P.E. Schmueser Gordon Meyer, Inc. 118 West 6th, Suite 200 Glenwood Springs, CO 81601 (303) 945-1004 SURVEYOR David W. McBride, RLS 16129 Aspen Survey Engineers, Inc. 210 South Galena Street Aspen, CO 81611 (303) 925-3816 TABLE OF CONTENTS Section I. INTRODUCTION II. PROJECT SITE III. PROPOSED DEVELOPMENT IV. REVIEW REQUIREMENTS A. Growth Management Exemptions B. Subdivision C. Text Amendment D. Vested Property Rights APPENDIX A. Exhibit 1, Pre -Application Conference Summary Exhibit 2, Title Insurance Policy Exhibit 3, Permission to Represent Exhibit 4, List of Adjacent Property Owners Exhibit 5, Application Fee Agreement B. Exhibit 1, Existing Net Residential Area Computation Exhibit 2, Letter from Schmueser Gordon Meyer, Inc. 11 Page 1 2 4 16 16 20 24 29 I. INTRODUCTION The following application requests an exemption from the City's growth management quota system (GMQS) for the reconstruction of four (4) multi -family dwelling units which are located at 204 East Durant Avenue. A GMQS exemption for the provision of four (4) on -site, affordable housing units, subdivision review, a text amendment, and vested property rights status for the project's various land use approvals is also requested (see Pre -Application Conference Summary, Exhibit 1, Appendix A). A subdivision exemption application to condominiumize the units will be submitted upon substantial completion of the project's construction. The application is submitted pursuant to Sections 8-104.A. La.4., 8-104.C.1.c., 7-1004.C. and 7-1103 of the Aspen Land Use Regulations by S.G.A. Aspen Limited Liability Company, a Colorado Limited Liability Company, the owner of the property (see Title Insurance Policy, Exhibit 2, Appendix A). The Applicant's representative is Sunny Vann of Vann Associates, Planning Consultants (see Permission to Repre- sent, Exhibit 3, Appendix A). A list of owners located within three hundred (300) feet of the property and an application fee agreement is provided as Exhibits 4 and 5, Appendix A, respectively. The application has been divided into three (3) parts. The first part, or Section II. of the application, provides a brief description of the project site, while Section III. describes the Applicant's proposed development. The third part, or Section IV., addresses the proposed development's compliance with the applicable review requirements of the Aspen Land Use Regulations. For the reviewer's con- venience, all pertinent supporting documents relating to the project (e.g., proof of ownership, etc.) are provided in the various appendices to the application. 1 While the Applicant has attempted to address all relevant provisions of the Land Use Regulations, and to provide sufficient information to enable a thorough evaluation of the application, questions may arise which result in the staff's request for further information and/or clarification. The Applicant would be pleased to provide such additional information as may be required in the course of the application's review. II. PROJECT SITE The project site is legally described as Lots & L, M, N and O, Block 77, City and Townsite of Aspen, and is located at the northeast comer of Durant Avenue and South Aspen Street. The property contains approximately fifteen thousand (15,000) square feet of land area, and is zoned L/TR, Lodge/Tourist Residential. As the Improvement Survey on the following page illustrates, the site's topography rises gently to the east from Aspen Street. Natural vegetation within the property's boundaries consists of four (4) large evergreen trees, numerous smaller aspen trees and various shrubs and bushes. Man-made improvements to the property are limited to six (6) multi -family dwelling units, a filled -in swimming pool, a stone retaining wall, a wooden fence, an outdoor deck and patio, and a small shed. The units are located in a two (2) story, wooden structure which is situated in the northeast comer of the property. Both the shed and portions of the wooden fence are located within the Durant Avenue and Aspen Street right-of-ways. Existing utilities in the immediate site area include water, sewer, electric, telephone, natural gas and cable TV. Both a six (6) inch and a twenty (20) inch water main are located in the Durant Avenue right-of-way. Eight (8) inch sanitary 2 • 9 sewers are located in Durant Avenue, Aspen Street and the public alley which abuts the rear of the property. Electric, telephone, natural gas and cable TV service is also available in the alley. A fire hydrant is conveniently located at the northwest comer of Durant Avenue and South Aspen Avenue. III. PROPOSED DEVELOPMENT The Applicant proposes to demolish the existing multi -family structure and to construct four (4) free market units and four (4) affordable housing units on the property pursuant to the provisions of the City's so-called "Resident Multi -Family Housing Replacement Program". As the schematic architectural drawings on the following pages illustrate, the free market units will be constructed as three (3) story, attached townhouses. Each of the units will contain three (3) bedrooms, three and one-half (3-1/2) baths, and approximately three thousand one hundred (3,100) square feet of livable area. To comply with the requirements of the Housing Replacement Program, the Applicant proposes to provide four (4) on -site, affordable housing units on the project's middle and lower levels. As the floor plans illustrate, the project's lower level will contain one (1) six hundred (600) square foot, one (1) bedroom unit and one (1) eight hundred and fifty (850) square foot, two (2) bedroom unit. The middle level will contain two (2) six hundred (600) square foot, one (1) bedroom units. The replacement housing units will be rented in compliance with the applicable requirements of the Aspen/Pitkin County Housing Authority's Affordable Housing Guidelines in effect at the time the units are deed restricted. Access to the affordable housing units will be provided via the alley which abuts the rear of the property. Each unit will have its own separate entrance as well 0 0 &,112os =0 a _133VJZ N3dsd - e� N a a =�e 0 z 0 w LJ • . �� �� z< <� �p � c F%'i r�r r = C �� V Wt� ���� O< z 0 w F `� w • 0 41 0 . as a patio or deck for outdoor seating. As the rear building elevation illustrates, two (2) of the units will be located one hundred (100) percent above existing grade. The remaining two (2) units will be located approximately four (4) feet below grade. All of the units will comply with applicable Uniform Building Code requirements. Eight (8) parking spaces will be provided in the enclosed garages to be located on the lower level of each free market unit. While sufficient room will be available to accommodate eight (8) additional cars on the paved garage aprons which abut each garage, these spaces do not meet current regulatory requirements, as all parking spaces in a multi -family structure must have unobstructed access to a public right-of-way. Please note, however, that this application includes a request for a text 4 amendment which addresses this issue. Four (4) additional parking spaces will also be provided adjacent to the alley for the four (4) affordable housing units. In all, a total of twenty (20) parking spaces will be provided on -site, which should be more than adequate to meet the needs of the project's residents. The proposed development has been designed in compliance with the dimensional requirements of the L/TR zone district and the subdivision design standards of Section 7-1004.C.4. of the Land Use Regulations. As Table 1 on the following page indicates, the minimum required lot area for the project's proposed 6�c unit mix is less than the property's total site area. In addition, the proposed building footprint meets all applicable setback requirements, and the project's total floor area does not exceed the maximum allowed. Approximately three thousand nine hundred and ninety-four (3,994) square feet, or twenty-seven (27) percent of the project site, meets the Regulation's definition of open space. This figure exceeds the minimum open space requirement of the LT/R zone district by approximately two (2) percent. 13 0 Table 1 DEVELOPMENT DATA 1. Existing Zoning L,/TR, Lodge/Tourist Residential -- 2. Total Site Area (Sq. Ft.) 14,946 3. Minimum Required Lot Area/Dwelling Unit (Sq. Ft.)' 1 Bedroom 600 2 Bedroom 1,000 3 Bedroom 1,500 4. Minimum Required Lot Area (Sq. Ft.) 8,800 Free Market Units 4 - 3 Bdrm. Units @ 1,500 Sq. Ft./ 6,000 Unit Affordable Housing Units 3 - 1 Bdrm. Units @ 600 Sq. Ft./ 1,800 Unit 1- 2 Bdrm. Unit @ 1,000 Sq. Ft./ 1,000 Unit 5. Minimum Required Setbacks (Feet) Front Yard 10 _ Side Yards 5 Rear Yard 10 6. Proposed Setbacks (Feet) Durant Avenue Front Yard 25 Aspen Street Side Yard' 6.7 East Side Yard 5 Rear Yard 24 7. Maximum Allowable External Floor 14,946 Area @ 1:1 (Sq. Ft.) 14 8. Proposed Floor Area (Sq. Ft.) 14,946 Free Market Units 12,026 Affordable Housing Units 2,920 9. Minimum Required Open Space @ 25 3,737 Percent Lot Area (Sq. Ft.) 10. Proposed Site Coverage (Sq. Ft.) Building Footprint 6,095 Garage Aprons 2,930 Patios 510 Remainder of Site 5,411 Area Attributable to Open Space 3,994 11. Minimum Required Parking Free Market Units @ 1 Space/ 12 Bedroom Affordable Housing Units3 Special Review 12. Proposed Parking Spaces 20 Free Market Units 16 Affordable Housing Units 4 1 For multi -family dwellings on a lot of twenty-seven thousand (27,000) square feet or less when a minimum of fifty (50) percent of the units built on -site are deed restricted as affordable housing. 2 On a lot bordered by two (2) intersecting streets, the owner may choose which yard is to be considered the front yard. The remaining yard bordering a street may be reduced by one-third (1/3) of the required front yard setback. 3 Off-street parking requirements for affordable housing units is established by special review. The proposed development's site plan is essentially dictated by the setback, open space and parking requirements of the L/TR zone district. As a result, little 15 flexibility exists with respect to the location of the new structure. These limitations, notwithstanding, the proposed site plan achieves the Applicant's objective of maximizing individual unit views and privacy, while minimizing, to the extent feasible, the project's visual impact. Adequate off-street parking has also been achieved, and the replacement affordable housing units are located predominantly above grade. As the site plan illustrates, a landscaped courtyard is proposed for the project's Durant Avenue frontage. Additional landscaping will be installed within the Durant Avenue and South Aspen Street right-of-ways to compensate for the single evergreen which will be lost to construction. The aggregate diameter of the new trees to be planted within the right-of-way, however, will equal or exceed the diameter of the evergreen which is to be removed. A sidewalk will also be installed along both street frontages. IV. REVIEW REQUIREMENTS The proposed development is subject to the receipt of a GMQS exemption for both the reconstruction of the existing multi -family dwelling units and for the construction of the proposed affordable housing units. Subdivision approval is also required, as is a text amendment to address the project's proposed on -site parking requirement. Vested property rights status is requested for all land use approvals granted pursuant to this application. Each of these review and approval require- ments is discussed below. A. Growth Management Exemptions Pursuant to the provisions of Section 8-104.A.1. a.4. of the Aspen Land Use Regulations, the reconstruction of existing multi -family dwelling units may be 16 exempted from the growth management quota system by the Planning Director upon demonstrated compliance with the provisions of the City's "Resident Multi -Family Housing Replacement Program". The specific requirements of the program, which are contained in Section 18-3.3 of the Regulations, may be summarized as follows. 1. A minimum of fifty (50) percent of the net residential area demolished must be replaced as deed restricted affordable housing. 2. The replacement housing must be configured in such a manner as to replace fifty (50) percent of the bedrooms which are lost through demolition. 3. A minimum of fifty (50) percent of the replacement housing must be above natural grade. 4. The replacement housing must be developed on the same site on which the demolition occurred unless it can be demonstrated that the replacement of the units on -site would be incompatible with adopted neighborhood plans or existing site constraints. 5. The income and price categories of the replacement housing units may be determined by the Applicant provided, however, that a minimum of twenty (20) percent of the bedrooms are deed restricted to low income guidelines and no more than twenty (20) percent of the units are restricted to resident occupancy. As Table 2 on the following page illustrates, the Applicant's proposed development complies with all of the above requirements of the Housing Replace- ment Program. More specifically, the net residential area of the replacement housing exceeds fifty (50) percent of the net residential area to be demolished. In 17 0 addition, the replacement housing has been configured such that fifty (50) percent of the bedrooms which are proposed to be demolished are replaced, and fifty (50) percent of the replacement housing units are located above natural grade. Finally, one (1), one (1) bedroom unit will be deed restricted to APCHA's low income category (i.e., Category #1), which meets the program's minimum twenty (20) percent requirement. The Applicant proposes to deed restrict the two (2) bedroom unit to resident occupancy, and the remaining two (2), one (1) bedroom units to APCHA's Category #2 guidelines. Table 2 HOUSING REPLACEMENT PROGRAM DATA 1. Existing Multi -Family Structure Dwelling Units 6 Bedrooms e 9 Net Residential Area (Sq. Ft.)' 3,925 2. Proposed Demolition Dwelling Units 6 Bedrooms .1 Net Residential Area (Sq. Ft.) 3,925 3. Proposed Replacement Housing Dwelling Units 4 Bedrooms 5 Net Residential Area (Sq. Ft.) 2,650 Unit 1 850 Unit 2 600 Unit 3 600 Unit 4 600 4. Replacement Housing Location Unit 12 Partially Below Grade Unit 2 Partially Below Grade IN 0 5. Unit 3 Unit 4 Proposed Income and Price Categories Unit 1 Unit 2 Unit 3 Unit 4 Above Grade Above Grade Resident Occupancy Category #1 Category #2 Category #2 1 See Existing Net Residential Area Computation, Exhibit 1, Appendix B. Z Units 1 and 2 are located approximately four (4) feet below existing grade. Upon the receipt of a GMQS exemption for the reconstruction of the demolished units, and the receipt of all other required land use approvals, the Applicant will apply to the Aspen/Pitlan County Housing Authority for a so-called "Certificate of Compliance". The Applicant will execute a "Housing Replacement Agreement" with the Authority as required pursuant to Section 18-3.2 of the Land Use Regulations prior to the issuance of a building permit for the project. The Applicant's obligation to provide replacement housing as set forth in the agreement will be financially guaranteed as may be required. A GMQS exemption is also required for the project's proposed affordable housing units. Pursuant to Section 8-104.C.1.c. of the Regulations, the City Council may exempt dwelling units deed restricted in compliance with the Housing Authority's affordable housing guidelines from the growth management quota system. The applicable review criteria address such issues as the need for the units, their compliance with an adopted housing plan, the proposed unit mix, and the price categories to which the units will be deed restricted. As the proposed units comply with all requirements of the Housing Replacement Program, and the various 19 provisions of the Housing Authority's affordable housing guidelines, the above review criteria have been met. B. Subdivision Pursuant to Section 3-101 of the Land Use Regulations, land to be used for condominiums, apartments or any other multiple dwelling units is by definition a subdivision. Consequently, the Applicant's proposed development of an eight (8) unit, multi -family residential project is subject to the City's review and approval. Such developments are reviewed pursuant to the provisions of Section 7- 1004.C. of the Regulations. The various subdivision review criteria, and the proposed development's compliance therewith, are summarized as follows. 1. 'The proposed subdivision shall be consistentwith the Aspen Area Comprehensive Plan." To the best of our knowledge, the recently adopted Aspen Area Community Plan contains no specific recommendations which directly pertain to the property in question. As noted previously, the property is zoned L/TR, Lodge/Tourist Residential, as is much of the surrounding area. Multi -family residential dwelling units are a permitted use within the L/TR zone district. 2. 'The proposed subdivision shall be consistent with the character of existing land uses in the area. The proposed subdivision shall not adversely affect the future development of surrounding areas." The proposed development is consistent with the character of existing land uses in the surrounding area, and will have no adverse effect on the area's future development. The immediate site area consists primarily of multi -family residential and lodge development (e.g., the South Point Condominiums, the Aspen 20 Manor Lodge, the Lift One Condominiums, etc.). As the area is essentially fully developed, the proposed project should have little if any effect on the development potential of neighboring properties. 3. 'The proposed subdivision shall be in compliance with all applicable requirements of the Land Use Regulations." The proposed development has been designed to comply with the applicable requirements of the underlying L/TR zone district and all relevant requirements of the Aspen Land Use Regulations. 4. 'The proposed subdivision shall not be located on land unsuitable for development because of flooding, drainage, rock or soil creep, mudflow, rockslide, avalanche or snowslide, steep topography or any other natural hazard or other condition that will be harmful to the health, safety, or welfare of the residents in the proposed subdivision." No natural hazards adversely affect the development of the property. Consequently, no adverse affect upon the health, safety or welfare of the project's residents is anticipated. 5. 'The proposed subdivision shall not be designed to create spatial patterns that cause inefficiencies, duplication or premature extension of public facilities and unnecessary public costs." No governmental ineffic: -ncies, duplication of facilities, or unnecessary public costs will occur as a result of the provision of public services to the proposed development. All required utilities are currently available in the immediate site area. All costs associated with the installation of public improvements to serve the project will be borne by the Applicant as may be required. In addition to compliance with the preceding review criteria, the Land Use Regulations also require that various improvements be provided in connection 21 0 • with the proposed subdivision, and that specific standards be adhered to in the subdivision's design. At the Applicant's request, Jay Hammond, P.E., of Schmueser Gordon Meyer, Inc., Consulting Engineers, has reviewed the applicable requirements of the Regulations and discussed the project with the City's referral agencies (see Exhibit 2, Appendix B). The improvements and design standards which pertain to the Applicant's proposed development, and the project's compliance with Schmueser Gordon Meyer's recommendations, are summarized as follows. 1. Water. Water service to the proposed development will be provided via either the existing six (6) inch or twenty (20) inch mains located in the Durant Avenue right-of-way. The actual main to be tapped will be determined by the City Water Department prior to the issuance of a building permit for the project. The Department has indicated that connection to either main is acceptable, and that the municipal water system has sufficient capacity to accommodate the project. 2. Sewer. The proposed development will be served by the eight (8) inch sanitary sewer located in either South Aspen Street or the public alley which abuts the property. According to the Aspen Consolidated Sanitation District, anticipated flows can be accommodated without expanding its existing treatment facility. A surcharge, however, will most likely be imposed in connection with the District's tap fee to offset the cost of various downstream system improvements. 3. Electric, Telephone, Natural Gas and Cable TV. Electric, tele- phone, natural gas and cable TV service is presently located in the adjacent street system and will be extended to serve the proposed development as may be required. All required extensions of these utilities will be located underground, and will conform to the applicable extension policies of the individual utility companies. 22 0 0 4. Easements. Easements to accommodate utility extensions will be provided in compliance with the applicable provisions of Section 7-1004.C.4.b. of the Regulations as may be required. All utility easements to be conveyed by the Applicant will be described in the project's subdivision agreement and depicted on the final subdivision plat. 5. Sidewalk, Curb and Gutter. As discussed previously, the Applicant proposes to install sidewalks along the property's Durant Avenue and South Aspen Street frontages. As there is presently no curb and gutter within the immediate site area, the Applicant will agree to execute a standard curb and gutter agreement for the installation of these features at such time as the City shall determine. 6. Fire Protection. Fire protection for the proposed development will be provided by the Aspen Volunteer Fire Department. The project site is located approximately five (5) blocks from the fire station, resulting in a response time of approximately five (5) minutes. As noted previously, a fire hydrant is conveniently located at the northwest corner of Durant Avenue and South Aspen Street. The proposed development is readily accessible to emergency and fire protection vehicles via the surrounding street system. 7. Drainage. The proposed development's storm water drainage system will be designed to maintain historic flow rates with respect to surface water runoff and groundwater recharge. On -site drywells will be utilized to intercept and detain runoff from building roofs and impervious areas, and to control the rate of groundwater recharge. A detailed stormwater drainage plan will be submitted prior to issuance of a building permit for the project. 23 8. Roads. No improvements to the existing streets in the immediate site area will be required as a result of the proposed development. Traffic levels generated by the project will be similar to those generated by the property's existing residents. As noted previously, sidewalks will be installed by the Applicant along the property's Durant Avenue and South Aspen Street frontages. Access to the project's on -site parking will be via the public alley which abuts the rear of the property. These two design features should significantly improve circulation and reduce vehicular/pedestrian conflicts in the immediate site area. 9. Final Plat. Section 7-1004.D.2.a.(1) of the Land Use Regula- tions requires the preparation of a final plat prior to City Council review of a subdivision application. As the proposed subdivision does not involve the creation of separate lots, and since the City Council may require revisions to the project's design, it would appear appropriate to delay the preparation of the final plat until after Council review. The submission of a recordable final plat and improvements agreement for staff review and the Mayor's signature, however, is an acceptable condition of subdivision approval. C. Text Amendment The off-street parking requirement for the proposed development's four free market units is twelve (12) parking spaces, or one (1) space per bedroom. As discussed previously, eight (8) of these spaces are to be provided in the project's enclosed garages. The Applicant proposes to provide the remaining four (4) spaces, as well as four (4) additional spaces, on the paved aprons which abut each unit's garage. Section 5-302.A. of the Regulations, however, presently precludes the use of the garage aprons for parking purposes. 24 0 More specifically, this section of the Regulations states in part that "parking spaces, except those provided for detached residential dwellings and duplex dwellings, shall have a public unobstructed area for access to a street or alley (emphasis added)". This provision has previously been interpreted to mean that stacked parking (i.e., two spaces in the garage with two spaces on the garage apron) is prohibited in a multi -family project such as that proposed by the Applicant. This interpretation is supported by the language of Section 5-302.C., which specifically exempts single- family and duplex units from the unobstructed access requirement. It is my understanding that the intent of this provision is to ensure that all off-street parking provided in connection with multi -family projects which utilize common or shared parking areas has unobstructed access. For example, the off- street parking layout at the Gant Condominiums is designed such that no owner's use of an individual space will obstruct access to the neighboring str --et system for any other condominium owner. In the case of townhouse projects such as the proposed development, the use of each garage and its associated parking apron is restricted to the individual unit owner. As a result, the use of an apron for parking purposes by an individual unit owner will have no adverse impact on the owner of any other unit. No unit owner will be precluded from accessing the public alley which abuts the property. Given the apparent intent of the regulatory requirement in question, there does not appear to be any logical reason why multi -family projects which are constructed as townhouses cannot stack their parking when the parking is earmarked solely for the use and benefit of the individual unit owners. Accordingly, the Applicant proposes to amend the relevant language of Sections 5-302.A. and 5-302.C. as follows. 25 Sec. 5-302. Characteristics of off-street parking spaces. A. General. Each off-street parking space shall consist of an open area measuring eight and one-half feet (8-1/2') wide by eighteen feet (18') long and seven feet (T) high. Each parking space, emeept these shall ................ have a public unobstructed area for access to a street or alley€ss MM tr this xegnxe%mnts pn�ied far in sec 5 Off- street parking must be paved with all-weather surfacing or be covered with gravel and maintained in a usable condition at all times. C. Deteehed and dupleix residential dwelling strip or apron. The proposed text amendment will have no significant effect on the quality or number of a project's on -site parking. In reality, attached townhouse projects such as that proposed by the Applicant are no different than a duplex, in that each unit owner controls the use of both his garage and its associated apron. To exclude spaces located on a garage apron simply because a project consists of three (3) or more attached units (i.e., multi -family dwellings) as opposed to two (2) units (i.e., a duplex) does not make sense. Such spaces clearly constitute valid off- street parking which addresses the needs of the project, and which functions consistent with the intent of the Regulations' unobstructed access requirement. .: Pursuant to Section 7-1103, a private application for an amendment to the text of the Aspen Land Use Regulations may be submitted at any time during the year. The review criteria for such applications, and the proposed amendment's compliance therewith, are discussed below. 1. "Whether the proposed amendment is in conflict with any applicable portions of this chapter." The proposed code amendment complies with all applicable provisions of Chapter 24 of the Municipal Code, aka, the Aspen Land Use Regulations. No variation in the dimensional requirements of the L/TR zone district, or waiver of any applicable provision of the Regulations, is requested by the Applicant. 2. "Whether the proposed amendment is consistent with all elements of the Aspen Area Comprehensive Plan." To the best of our knowledge, the recently adopted Aspen Area Community Plan does not address the regulatory issue in question. The amendment, however, is consistent with the Plan in that it will assure the provision of appropriate off-street parking to meet the needs of development. As a result, vehicular circulation on the public street system will arguably be improved. 3. "Whether the proposed amendment is compatible with surrounding zone districts and land uses, considering existing land use and neighborhood characteristics." This review criteria would appear to apply solely to an application for rezoning, and is not applicable to the proposed amendment. 4. 'The effect of the proposed amendment on traffic generation and road safety." 27 0 • The proposed amendment will have no adverse impact on the area's existing road system. 5. "Whether and the extent to which the proposed amendment would result in demands on public facilities, and whether and the extent to which the proposed amendment would exceed the capacity of such public facilities, in- cluding but not limited to transportation facilities, sewage facilities, water supply, parks, drainage, schools, and emergency medical facilities." The proposed amendment will have no adverse impact on the City's public facilities. 6. "Whether and the extent to which the proposed amendment would result in significantly adverse impacts on the natural environment." The proposed amendment will have no adverse impact on the natural environment. To the contrary, the amendment will reduce the amount of paving necessary to meet applicable off-street parking requirements. 7. "Whether the proposed amendment is consistent and compatible with the community character in the City of Aspen." This review criteria would appear to apply primarily to an application for rezoning, and is not applicable to the proposed amendment. 8. "Whether there have been changed conditions affecting the subject parcel or the surrounding neighborhood which support the proposed amendment." This review criteria would appear to apply primarily to an application for rezoning, and is not applicable to the proposed amendment. 9. "Whether the proposed amendment would be in conflict with the public interest, and is in harmony with the purpose and intent of this chapter." 28 The public interest will be served in that the proposed amendment will provide a more equitable off-street parking requirement for multi -family projects which do not utilize a common or shared parking area. In addition, the proposed amendment will provide additional flexibility in meeting the intent of the Housing Replacement Program. As the amendment will not reduce the amount of parking which applicant must provide, no adverse impact will occur merely from the amendment's adoption. D. Vested Property Rights In order to preserve the land use approvals which may be obtained as a result of this application, the Applicant hereby requests vested property rights status pursuant to the provisions of Section 6-207 of the Land Use Regulations. It is understood by the Applicant that, to establish such status, final approval of the proposed development must be granted by ordinance of the City Council. It is also the Applicant's understanding that no specific submission requirements, or review criteria other than a public hearing, are required to confer such status. FW APPENDIX A • CITY OF ASPEN RE-APPLICATION CONFERENCE SUMMARY PROJECT APPLICANT'S REPRESENTATIVE: REPRESENTATIVE'S PHONE: — V OWNER'S NAME, SUMMARY 1. Type of Application: E HIBIT 1 3. Areas is which Applicant has been requested to respond, types of reports requested: Policy Area/ Referral Agent Comments Water Dept contact for tap fee requirements - ti� _ ,1 44.:' Review is: (P&Z Only) (CC Only) ��&Z then to C a 5. Public Hearing- �(YES) (NO) 6. Number of copies of the application to be submitted: 7. What fee was applicant requested to submit: 8. Payment form Attached for signature: (YES) '(NO) Q.\4 9. Anticipated date of submission: 10. COMMENTS/UNIQUE CONCERNS: frm.pre_app 0 0 EXHIBIT 2 'Ru SCHEDULE A -OWNER'S POLICY CASE NUMBER DATE OF POLICY AMOUNT OF INSURANCE POLICY NUMBER PCT-7890C2 02/25/94 @ 4:27 P.M. $ 1,325,000.00 128-058497 1. NAME OF INSURED: S.G.A. ASPEN LIMITED LIABILITY COMPANY, A COLORADO LIMITED LIABILITY COMPANY 2. THE ESTATE OR INTEREST IN THE LAND HEREIN AND WHICH IS COVERED BY THIS POLICY IS: IN FEE SIMPLE 3. THE ESTATE OR INTEREST REFERRED TO HEREIN IS AT DATE OF POLICY VESTED IN: S.G.A. ASPEN LIMITED LIABILITY COMPANY, A COLORADO LIMITED LIABILITY COMPANY 4. THE LAND REFERRED TO IN THIS POLICY IS DESCRIBED AS FOLLOWS: LOTS K, L, M, N AND O, BLOCK 77, CITY AND TOWNS.Lm OF ASr N, COUNTY OF PITKIN, STATE OF COLORADO. PITKIN COUNTY TITLE, INC. 601 E. HOPKINS AVE. ASPEN, COLORADO 81611 (303) 925-1766 THE POLICY NUMBER SHOWN ON THIS SCHEDULE MUST AGREE WITH THE PREPRINTED NUMBER ON THE COVER SHEET. • 0 SCHEDULE B-OWNERS CASE NUMBER DATE OF POLICY POLICY NUMBER PCT-7890C2 02/25/94 @ 4:27 P.M. 128-058497 THIS POLICY DOES NOT INSURE AGAINST LOSS OR DAMAGE BY REASON OF THE FOLLOWING: 1. Rights or claims of parties in possession not shown by the public records. 2. Easements, or claims of easements, not shown by the public records. 3. Discrepancies, conflicts in boundary lines, shortage in area, enchroachments, 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. S. Water rights, claims or title to water. 6. Taxes for the year 1994 not yet due or payable. 7. Reservations and exceptions as set forth in the Deed from the City of Aspen recorded in Book 59 at Page 330 providing as follows: "That no title shall be hereby acquired to any mine of gold, silver, cinnabar or copper or to any valid mining claim or possession held under existing laws". (This exception effects Lots K, L and M) 8. Reservations and exceptions as set forth in the Deed from the City of Aspen recorded in Book 59 at Page 559 providing as follows: "That no title shall be hereby acquired to any mine of gold, silver, cinnabar or copper or to any valid mining claim or possession held under existing laws". (This exception effects Lots N, 0 and P) 9. Terms, conditioins, restrictions, reservations, provisions and obligations as set forth in Encroachment Agreement recorded in Book 507 at Page 512. EXCEPTIONS NUMBERED 1, 2, 3 & 4 ARE HEREBY OMITTED. EXHIBIT 3 April 15, 1994 HAND DELIVERED Ms. Leslie Lamont Aspen/Pitldn Planning Office 130 South Galena Street Aspen, Colorado 81611 Re: Permission to Represent Dear Ms. Lamont: Please consider this letter authorization for Sunny Vann of Vann Associates, Planning Consultants, to represent us in the processing of our application for a GMQS exemption and subdivision approval for our property which is located at 204 East Durant Avenue in the City of Aspen. Mr. Vann is hereby authorized to act on our behalf with respect to all matters reasonably pertaining to the aforementioned request. Should you have any questions, or if we can be of any further assistance, please do not hesitate to call. Sincerely, 225 North Mill Street, Suite Llu Aspen, CO 81611 (303) 925-8800 SV:cwV cAbuslcity.ttrUtr2a79a.III EXHIBIT 5 ASPENTITKIN PLANNING OFFICE Agreement for Payment of Cit of f Aspen Development Application Fees CITY OF ASPEN (hereinafter CITY) and h. e•''• (hereinafter APPLICANT) AGREE AS FOLLOWS: 1. APPLICANT has submitted to CITY an application for (hereinafter, THE PROJECT) . 1,41 2. APPLICANT understands ana agrees that City of Aspen Ordinance No. 77 (Series of 1992) establishes a fee structure for Planning Office applications and the payment of all processing fees is a condition precedent to a determination of application completeness. 3. APPLICANT and CITY agree that because of the size, nature or scope of the proposed project, it is not possible at this time to ascertain the full extent of the costs involved in processing the application. APPLICANT and CITY further agree that it is in the interest of the parties to allow APPLICANT to make payment of an initial deposit and to thereafter permit additional costs to be billed to APPLICANT on a monthly basis. APPLICANT agrees he will be benefited by retaining greater cash liquidity and will make additional payments upon notification by the CITY when they are necessary as costs are incurred. CITY agrees it will be benefited through the greater certainty of recovering its full costs to process APPLICANT'S application. 4. CITY and APPLICANT further agree that it is impracticable for CITY staff to complete processing or present sufficient information to the Planning Commission and/or City Council to enable the Planning Commission and/or City Council to make legally required findings for project approval, unless current billings are paid in full prior to decision. 0 0 5. Therefore, APPLICANT agrees that in consideration of the CTTY's waiver of its right to collect full fees prior to a determination of application .. completeness, A2PLICANT shall pay an initial deposit in the amount of $ Z�//'''i which is for � hours of Planning Office time, and if actual recorded costs exceed the initial deposit, APPLICANT shall pay additional monthly billings to CITY to reimburse the CITY for the processing of the application mentioned above, including post approval review. Such periodic payments shall be made within 30 days of the billing date. APPLICANT further agrees that failure to pay such accrued costs shall be grounds for suspension of processing. CITY OF ASPEN i By• Diane Moore City Planning Director 2 a\ Jl J �M ANNA Date: • 0 • 0 APPENDIX B % i • 4I --- I .. __15t • ENGINEERS 5 SURVEYORS EXHIBIT 2 G (303) 925-6727 SCHMUESER P.O. Box 2155 FAX (303) 925-1157 GORDON MEYER Aspen, CO 81612 April 15, 1994 Mr. Sunny Vann VANN ASSOCIATES INC. 230 East Hopkins Ave. Aspen, CO. 81611 RE: 204 East Durant Property Subdivision Application, Engineering Report Dear Sunny: This letter comprises an engineering report for relevant aspects of the 204 East Durant property subdivision application to the City of Aspen. My remarks are based on our discussions of the project, conversations with representatives of the primary utilities and inspection of the site. I have also structured my comments in response to my proposal of March 24, 1994 and to the engineering related criteria of City of Aspen Municipal Code Section 7-1004., Subdivision approval. Introduction The 204 East Durant property comprises Lots K, L, M, N and 0 of Block 77 in the Original Townsite of Aspen, Colorado. The site currently includes a two-story multi -family residential structure. The application is for subdivision approval to construct up to four free market townhomes as well as four affordable housing units in the LTR zone district. With regard to the requirements of the Aspen Municipal Code, I offer the following comments: (a) Water Supply Based on my discussion with City of Aspen Water Superintendent Larry Ballenger and a review of city water system mapping, the site is currently served by a 6 inch diameter cast iron main and a 20 inch diameter ductile iron transmission main in the Durant Avenue right-of-way. According to Larry, service would be available from one of the two mains but they are not certain, at this time, which line would be tapped for service. Normally, the City would prefer to tap the smaller diameter line for service and leave the larger diameter transmission line unencumbered by service connections. They are, however, uncertain of the age and condition of the 6 inch line and whether it may need to be replaced or abandoned. Larry is checking the departments records to determine the status of the 6 inch line. In the event it is determined that the 6 inch line requires replacement to provide adequate service, the 204 East Durant project may be required to pay a proportionate share (probably based on frontage distance) for a new main. In either case, the City water system has sufficient capacity to serve the residential units created by this application and provision of water service would not pose any special problems from a technical standpoint. As a site within the City, service would be subject to payment of 118 West 6th, Suite 200 - Glenwood Springs, Colorado - (303) 945-1004 April 15, 1994 Mr. Sunny Vann Page 2 appropriate tap and connection fees for the service capacity required by the new structures. Given the age of the existing structure, I would not anticipate any tap fee credits for the project. (b) Sanitary Sewer Based on my discussion of the project with Aspen Consolidated Sanitation District (ACSD) Superintendent Tom Bracewell and review of area maps of the ACSD collection system, there are existing 8 inch diameter sanitary sewer mains in Durant Avenue, South Aspen Street and the alley of Block 77, The 204 East Durant site, therefore, has the uncommon situation of being surrounded on three sides by ACSD collection lines. Tom indicates that sewer service taps are feasible to either the alley line or the South Aspen Street line. Based on our discussions of other projects in the vicinity, Tom has also noted the need for some capacity improvements to the 12 inch collection line downstream of this site in the area of First Street. These improvements are to be undertaken by the ACSD and are to be funded through the application of a tap fee surcharge to new services, such as those associated with the 204 East Durant project, impacting the line. Based on our recent discussion of other projects in the area, the tap fee surcharge would appear to be about $725 per EQR of required capacity in addition to normal tap and connection fees. Sewer service is available to the 204 East Durant project without any need for additional sewage treatment capacity. Payment of the mandatory tap fee surcharge by the applicant will provide a general benefit to the ACSD collection system in the area. (c) Electric Service I have spoken with City of Aspen Electric Superintendent Bill Early regarding the availability of electric service to the 204 East Durant site. Bill indicates that the primary electric lines within the alley of Block 77 are adequate to serve a residential project on the property. The improvement survey by Aspen Survey Engineers indicates the presence of an existing secondary service transformer on an easement within Lot P, immediately adjacent to the northeast corner of the 204 East Durant property. Bill indicates that service is available from this location and will likely require the upgrade of the existing transformer to offer adequate capacity for the project in addition to any other properties currently served from that location. Bill indicated that the City of Aspen Electric Department staff will proceed with appropriate testing to determine the actual capacity and current loads on the transformer adjacent to the 204 East Durant site. They will also need more detailed load information for the redevelopment of the site once design has progressed to that point. Final determinations can then be made regarding the replacement of the existing transformer. SCHMUESER GORDON MEYER. INC. April 15, 1994 Mr. Sunny Vann Page 3 (d) Miscellaneous Utilities There is an existing underground phone line in the alley that currently provides service to the property. Capacity should be available from this line to provide phone service to the new structures. Gas service and cable TV are also available and relevant pedestals and meters are already in place within the site or in the alley. Redevelopment of the 204 East Durant site should anticipate placing all related pedestals and meters within the property boundaries. (e) Access and Traffic Impacts Access to the site is to be from the alley of Block 77. The site plan includes one parking space per bedroom for the townhouse units (twelve spaces) and one space per unit for the affordable housing units (four spaces). The current site offers no on -site parking so the proposed parking spaces serve to remove seven or more vehicles (for the seven existing units) off of the adjacent streets. Recent existing traffic counts are not available for Durant Avenue or South Aspen Street, however the Aspen Area Comprehensive Plan: Transportation Element, published in September of 1987 put existing volumes at 2,100 vehicles per day (VPD) on Durant and 3,000 VPD on South Aspen. Using the overall growth in traffic for the Aspen area reflected in the Draft Environmental Impact Statement for Highway 82, about 2% per :ear, traffic as of 1994 would be 2,400 VPD on Durant and 3,400 VPD on South Aspen absent any other distinct influences. Both figures are well below the capacity of the two-way streets. To anticipate some basis for traffic generation from the proposed residential units, I would reference Section II, "Road Design Standards" of the Pitkin County Road Standards and Specifications, as adopted on December 4, 1990, which recommends a vehicle trip generation figure for apartment or condominium type residential units of 3 per day per unit assuming a strong transit system. This would result in a traffic generation figure of 24 VPD impacting the adjacent streets as a result of this project. It is also relevant to note that the site currently has 7 existing residential apartment units generating 21 VPD utilizing the same formula. It is therefore appropriate to view the proposed development as generating a net impact of just 3 vehicles per day impacting adjacent streets. As full -width, two lane roads, the adjacent streets are currently well under capacity and will see no adverse effect from an additional 3 VPD. No improvements to the adjacent streets are required as a result of the 204 East Durant subdivision application. The site is also well served by public transportation with a bus stop at the corner of Durant and South Aspen and with the Rubey Park Transit Center just two blocks to the east. (f) Drainage Replacement of the multi -family residential structure on the 204 East Durant site will result in minimal additional drainage impacts to the surrounding area. Site design is to incorporate on -site drainage features including drywells to maintain historic conditions with regard to runoff from the HMUESER GORDON MEYER, INC. April 15, 1994 Mr. Sunny Vann Page 4 site. This project will not create additional impacts to the City of Aspen's storm drainage system nor will it require improvements or expansion of the area storm drainage system. I hope these comments will be sufficient for the subdivision application for the 204 East Durant property. Please feel free to contact me if I may provide further information or detail. Very truly yours, SCHMUESER GORDON MEYER INC. �V - ay . Hammond, P.E. Principal, Aspen Office J1,* 94041ER SCHMUESER GORDON MEYER, INC. PUBLIC NOTICE RE: 204 EAST DURANT STREET SUBDIVISION, TEXT AMENDMENT AND GMQS EXEMPTION NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, October 11, 1994 at a meeting to begin at 5:00 p.m. before the Aspen City Council, Council Chambers, City Hall, 130 S. Galena St., Aspen, to consider an application submitted by S.G.A. Aspen Limited Liability Company, c/o Douglas P. Allen, 225 N. Mill St., Suite 210, Aspen, CO, requesting subdivision approval to develop an eight unit (four free market units and four fully deed - restricted units), multi -family residential project. The applicant is also requesting an amendment to the City of Aspen Municipal Code Section 24-5-302(A) and (C) to allow the use of the garage aprons for four parking spaces and GMQS Exemption to reconstruct four multi -family affordable dwelling units. The property is located at 204 E. Durant Avenue; Lots K, L, M, N and O, Block 77, City and Townsite of Aspen. For further information, contact Mary Lackner at the Aspen/Pitkin Planning Office, 130 S. Galena St., Aspen, CO 920-5106 siBruce Kerr, Chairman Aspen Planning and Zoning Commission Published in the Aspen Times on September 23, 1994 ----------------------------------------------------------------- ----------------------------------------------------------------- City of Aspen Account ��� � U, RIl9 sew ASPENTITKIN PLANNING OFFICE 130 South Galena Street Aspen, Colorado 81611 Phone 920-5090 FAX 920-5197 MEMORANDUM TO City Engineer Housing Director Aspen Water Department Parks Department Zoning Administration Aspen Consolidated Sanitation District Aspen Fire Protection District 76 FROM: Mary Lackner, Planning Office RE: 204 E. Durant GMQS Exemption, Subdivision & Text Amendment Parcel ID No. 2735-131-05-002 DATE: May 16, 1994 Attached for your review and comments is an application submitted by SGA Aspen Limited Liability Company. Please return your comments to me no later than June 10. Thank you. THAT SECTION 9-3 OF THE MUNICIPAL CODE OF THE CITY OF ASPEN, COLORADO, IS HEREBY REPEALED AND REENACTED TO READ AS FOLLOWS: (A) WHEREVER, EXCEPT IN DIVISIONS 1 AND 11 OF ARTICLE 10 OF THE CODE, THERE USED THE WORD "CHIEF" OR THE WORDS "FIRE CHIEF", "CHIEF OF THE FIRE DEPARTMENT" OR "CHIEF OF THE BUREAU OF FIRE PREVENTION" , THERE SHALL BE INSERTED "FIRE MARSHAL", IT BEING THE INTENTION OF THIS AMENDMENT THAT ALL POWERS AND DUTIES ATTRIBUTED TO THESE PERSONS BE ASSUMED BY THE FIRE MARSHAL. SECTION 14.104 (C) IS HEREBY AMENDED TO READ: "EVERY APARTMENT HOUSE, LODGING HOUSE, DORMITORY, CONVENT, MONASTERY, ROOMING HOUSE, CONDOMINIUM OR HOTEL TWO STORIES IN HEIGHT AND CONTAINING MORE THAN FOUR APARTMENTS OR GUEST ROOMS SHALL HAVE INSTALLED THEREIN AN APPROVED AUTOMATIC OR MANUALLY OPERATED FIRE ALARM SYSTEM SO DESIGNED THAT ALL OCCUPANTS OF THE BUILDING MAY BE WARNED SIMULTANEOUSLY." SECTION 14.104 IS AMENDED BY THE ADDITION OF SUBSECTIONS (F), (G) AND (H), WHICH SAID SUBSECTIONS READ: "(F) A VISUAL SIGNAL SHALL BE REQUIRED WHENEVER AN AUDIBLE SIGNAL IS REQUIRED FOR AN AUTOMATIC FIRE ALARM SYSTEM. THE VISUAL SIGNAL SHALL MEET THE FOLLOWING REQUIREMENTS: 1. THE LIGHT USED SHALL BE OF THE STROBE TYPE PRODUCING AT LEAST ONE MILLION CANDLE POWER, OR INCANDESCENT FLASHING TYPE WHICH CAN BE PLAINLY SEEN FOR AT LEAST 1500 FT. IN ALL DIRECTIONS OF APPROACH. 2. LIGHTS ARE TO BE RED IN COLOR FOR SYSTEMS EQUIPPED WITH A FIRE DEPARTMENT CONNECTION AND YELLOW IN COLOR FOR SYSTEMS NOT HAVING A FIRE DEPARTMENT CONNECTION. 3. IN SYSTEMS WITH FIRE DEPARTMENT CONNECTIONS THE LIGHT IS TO BE LOCATED AT LEAST 12 FT. ABOVE AND AS DIRECTLY VERTICAL TO THE FIRE DEPARTMENT CONNECTION AS POSSIBLE. IN SYSTEMS WITHOUT FIRE DEPARTMENT CONNECTIONS THE LIGHT IS TO BE LOCATED SO AS TO BE VISIBLE FROM THE NEAREST. 4. A SIGN WITH THE WORDS "FIRE, CALL FIRE DEPARTMENT" (BLACK ON A WHITE BACKGROUND AND LARGE ENOUGH TO BE VISIBLE FROM THE CENTER OF THE ADJACENT STREET) SHALL BE MOUNTED DIRECTLY ABOVE THE LIGHT. 5. THE LIGHT SHALL NOT REPLACE THE AUDIBLE ALARMS, BUT IS TO BE USED ON CONJUNCTION WITH IT. 6. THE VISUAL AND AUDIO SIGNAL SHALL BE TOGETHER ON A CIRCUIT SEPARATE FROM ALL OTHER EXCEPT EXIT SIGNS. ( G ) AN INSIDE AUDIBLE ALARM IS TO BE INSTALLED WHEREVER AN ALARM IS REQUIRED BY SECTION 10.306 OF THE UNIFORM FIRE CODE AND OF SECTION 3802 OF THE UNIFORM BUILDING CODE, EXCEPT ON SINGLE FAMILY, DUPLEX, TRIPLEX OR FOURPLEX RESIDENTIAL DWELLINGS. IN THE CASE OF PUBLIC ASSEMBLY AREAS WITH AN OCCUPANT LOAD OF ONE HUNDRED (100) OR MORE PERSONS OR WHERE IN THE OPINION OF THE BUILDING OFFICIAL OR THE FIRE MARSHAL, THE INSTALLATION OF AN • INSIDE ALARM MAY RESULT IN CREATING PANIC, THE ALARM SIGNAL SHALL BE INSTALLED IN AN ATTENDED AREA (E.G. PROJECTION BOOTH, MANAGER'S OFFICE) FROM WHERE THERE CAN BE EFFECTUATED AN ORDERLY EVACUATION OF THE ASSEMBLY AREA PURSUANT TO THE SYSTEM APPROVED BY THE BUILDING OFFICIAL OR FIRE MARSHAL. (H) ALL FIRE ALARM SYSTEMS WITHIN THE CITY IN OPERATION ON THE EFFECTIVE DATE OF THIS ORDINANCE SHALL, WITHIN ONE YEAR FROM SAID EFFECTIVE DATE, BE BROUGHT INTO CONFORMANCE WITH THE ABOVE REQUIREMENTS. SECTION 2.301.(A) PRACTICAL DIFFICULTIES. THE CHIEF MAY MODIFY ANY OF THE PROVISIONS OF THIS CODE UPON APPLICATION IN WRITING BY THE OWNER OR LESSEE OR HIS DULY AUTHORIZED REPRESENTATIVE WHERE THERE ARE PRACTICAL DIFFICULTIES IN THE WAY OF CARRYING OUT THE STRICT LETTER OF THE CODE, PROVIDED THAT THE SPIRIT OF THE CODE SHALL BE COMPLIED WITH, PUBLIC SAFETY SECURED AND SUBSTANTIAL JUSTICE DONE. THE PARTICULARS OF SUCH MODIFICATION SHALL BE GRANTED OR ALLOWED AND THE DECISION OF THE CHIEF SHALL BE ENTERED UPON THE RECORDS OF THE DEPARTMENT AND A SIGNED COPY SHALL BE FURNISHED THE APPLICANT. IN ADDITION TO THE ABOVE, SECTION 14.104C UNIFORM FIRE CODE, 1988 EDITION SHALL APPLY: AN APPROVED AND LISTED SYSTEM -TYPE AUTOMATIC HEAT DETECTOR SHALL BE INSTALLED WITHIN COMMON AREAS SUCH AS RECREATIONAL ROOMS, LAUNDRY ROOMS AND FURNACE ROOMS OF BUILDINGS CONTAINING GROUP R, DIVISION 1 OCCUPANCIES. ORDINANCE NO. /} (Series of 1989) AN ORDINANCE ADOPTING BY REFERENCE THE UNIFORM FIRE CODE, 1�!88 EDITION, AMENDING CERTAIN SECTIONS OF :.=:ID CODE; PROVIDING PENtiLTIES FOR THE VIOLATIONS OF SAID CODE; AND REPEALING SECTIONS OF THE MUNICIPAL CODE INCONSISTENT THERE'ITH WHEREAS, the City Council desires to adopt, for the benefit of the City of Aspen, the 1988 edition of the Uniform Fire Code, to repeal existing `.'ire code provisions, and implement recom- mended changes tc the 1988 edition. ` NOW,TKEREFGRE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY;OF ASPEN, COLORADO: / Section 1 iThat Sections 9-2 and 9-3 of Chapter 9 of the Municipal Code o�, the City be repealed and reenacted as follows: Section 2 That Section 9-2 of the Municipal Code of the City of Aspen, Colorado is hereby repealed and reenacted to read as follows: Section 9-2. Adootion of the Uniform Fire Code. Pursuant to the power and F_uthority conferred by the laws of the State of Colorado and the Charter of the City of Aslen, Colorado, it is hereby adopted as the fire code of the City of Aspen, Colorado, by reference thereto, the Uniforrr Fire Code, 1988 edition, including the appendix, except Sections 11-P and I1-C of said appendix, and excepting Section 2.103, 2.104,34.104,79.2:1,79.402,79.1404.79,902tc), 25.115 r (i) The Section 9.109 definition of "guest" shall read: "Guest shall mean any person hiring or occupying a room or bed for living or sleeping purposes." (j) The Section 9.110 definition of "highway" shall read: "Highway shall mean any public street, public road or public alley." (k) The Section 9.212 definition of "street" shall read: "Street shall mean any thoroughfare, alley or public space not less than sixteen (16) feet in width which has been dedicated or deeded to the public for public use." �(1) Section 10.306(h) Amended to read: "Hereafter, every apartment house, lodging house, dormitory, convent, monastery, rooming house, con- dominium or hotel two stories or more in height and containing more than four apartments or guest rooms shall have installed therein an approved automatic sprinkler system throughout the premises. (m) Article 13 "Smoking" is amended by adding thereto the following section, Section 13.106 "Hotels, etc." Section 13.106(h) (a) It shall be unlawful for any person to cause a fire through the use or misuse of tobacco in any form or of matches or lighters 7 • 0 ASPENTITKIN PLANNING OFFICE 130 South Galena Street Aspen, Colorado 81611 Phone 920-5090 FAX 920-5197 MEMORANDUM TO: City Engineer fo ci, C��<-f'�'� ("/5- + Housing Director r Y Aspen Water Department Parks Department " A-vf ,t - Zoning Administration - ,,4;r / 6,/4P- "W week i.i Aspen Consolidated Sanitation District Aspen Fire Protection District S. Ai' — e1w ( 1 P�/ e— FROM: Mary Lackner, Planning Office RE: 204 E. Durant GMQS Exemption, Subdivision & Text Amendment Parcel ID No. 2735-131-05-002 DATE: May 16, 1994 Attached for your review and comments is an application submitted by SGA Aspen Limited Liability Company. Please return your comments to me no later than June 10. Thank you. LAW OFFICES OF DOUGLAS P. ALLEN 225 North Mill Street, Suite 210 DougJas P. .'lien Aspen, Colorado 81611 Patricia K. Massendar May 26, 1994 Sunny Vann Faxe4-Qnjy Vann Associates 920-9310 230 East Hopkins Aspen, Colorado 81611 Re: 204 Fast Durant Dear Sunny: (303) 925-8800 FAX (303) 925-9398 Pursuant to your request, listed below are the rents for the six existing units at the above address: ni No. Monthly Rent 1 2 $800.00 3 725.00 4 550.00 5 450.00 6 725.00 550.00 If you or the Planning Office have any questions concerning this, please call me. Tally, Douglas . Allen DPA/pjh LTRW96 E • Vincent J. Higens President PITKIN COUNTY TITLE, INC. 601 E. HOPKINS, 3RD FLOOR ASPEN, COLORADO 81611 303-925-1766 : 303-925-6527 FAX 300' OWNER'S LIST Christina Davis Vice President Pitkin County Title, Inc., a duly licensed Title Insurance Agent in the State of Colorado, hereby certifies the following list is a current list of property owner's within three hundred feet of LOTS K, L, M, N AND 0, BLOCK 77, CITY AND TOWNSITE OF ASPEN as obtained from the most current Pitkin County Assessors Tax Rolls, and updated to April 1, 1994. NAMES AND ADDRESSES TAX SCHEDULE NUMBER --------------------------------------- PLEASE REFER TO LIST ATTACHED HERETO AND MADE A PART HEREOF 1 • •LIFT CONDO ALLAN P. LE CHARD ONE SIDNEY ANN LE CHARD 1002 BUCKINGHAM ROAD GROSSE PT. PARK MI 48230 ANAND ALGIENNE AMRITA, TRUST 2735-131-34-024 P.O. BOX 772084 STEAMBOAT SPGS CO 80477 ANDREA CLARK 210 COOPER CONDO 1060 WEST NORTH SHORE AVE. CHICAGO IL 60626 210 COOPER CONDO ANN H. HYDE P.O. BOX 12286 ASPEN CO 81612 2735-131-34-006 ARLENE NELSON 119 E. COOPER, UNIT 6 ASPEN CO 81611 2735-131-34-012 ARTHUR J. HOHMANN P.O. BOX 10143 ASPEN CO 81612 ARTHUR S. COHEN SOUTH POINT CONDO CALZ. SAN FRANCISCO, NO. 96 SAN BARTALO, NAUCALTIN EDO, NEX, MEXICO ASPEN MANOR LODGE, LTD. 2737-182-19-002 411 SO. MONARCH ST. ASPEN CO 81611 AUGUSTUS FELTON HALLUM 2735-131-05-001 MARGERY L. HALLUM 410 SOUTH ASPEN STREET ASPEN CO 81611 BARBARA CASSIDY LIFT ONE CONDO 8522 N 82ND ST. SCOTTDALE AZ 85258 C.E. ALDRICH, III• P.A. ALDRICH 1688 BAY AVE. TOMS RIVER NJ 08753 C.M. SCHROEDER, JR. BETTY ANN SCHROEDER 3629 ROCKRIDGE ROAD COLUMBIA SC 29206 CARL F. LEVY TRUST 421 WARWICK ROAD KENILWORTH IL 60043 CHARLES E. BAKER, JR. BARBARA M. PRITCHARD 333 E. 75TH NEW YORK NY 10001 CHARLES L. & GALE L. SEVERY MARGARET S. JOHNSTON 30 DEXTER STREET DENVER CO 80220 CHARLES W. SCHAYER, III KAREN JANE HORTON TRUST 588 SO. PONTIAC WAY DENVER CO 80224 CHRISTINA M. HARTMAN FAITH HARTMAN COHEN 2865 NE 24TH COURT FT. LAUDERDALE FL 33305 CHRISTOPHER L. PHILLIPS CAROL SAUNDER-WHITE PRUDENTAL HOME MORTGAGE CO. BOX 4157 FREDERICK MD 21701 CHU FAMILY TRUST CHYI-KANG & NANCY CHU 38 CORMORANT CIRCLE NEWPORT BEACH CA 92660 CITY OF ASPEN C/O CITY ATTORNEY 131 SO. GALENA ASPEN CO 81611 •210 COOPER CONDO SOUTH POINT CONDO SOUTH POINT CONDO SOUTH POINT CONDO ASPEN TWNHS CENT. SOUTH POINT CONDO LIFT ONE CONDO 210 COOPER CONDO LIFT ONE CONDO 2735-131-16-001 •ASPEN CLARENCE A. BLACKWELL TWNHS CENT. ANNE H. BLACKWELL BOX 3244 ANNAPOLIS MD 21403 DALY CONSTRUCTION, INC. SOUTH POINT CONDO 520 WEST HALLAM ST. ASPEN CO 81611 DANIEL W. RUMSEY 2735-131-34-013 135 LAFAYETTE ST. DENVER CO 80218 DAVID COURTNEY EVANS SOUTH POINT CONDO P.O. BOX 952 ASPEN CO 81612 DEAN ROBERT VANDERWALL LIFT ONE CONDO 531 EAST POST LONE PINE CA 93545 DEBRA CALDWELL SOUTH POINT CONDO CHARLES CALDWELL 625 AUSTIN ST. SAN ANGELO TX 76903 DONALD R. STEINER LIFT ONE CONDO 675 VILLAGE SQUARE DRIVE STONE MOUNTAIN GA 30083 DOUGLAS M. RAINES COOPER ST. LOFTS MARCIA C. RAINES 1491 ALTAMONT RD. GREENVILLE SC 29609 DOUGLAS P. ALLEN 2735-131-34-016 225 NO. MILL ST. SUITE 210 ASPEN CO 81611 DR. DAVID A. MULKEY, TRUSTEE LIFT ONE CONDO 611 SPYGLASS LANE LAS VEGAS NV 89107 • •LIFT DUNDEE D. JONES ONE CONDO 3300 RIVA RIDGE ROAD AUSTIN TX 78746 EDWARD L. BROWN LIFT ONE CONDO P.O. BOX 2604 NAPERVILLE IL 60566 EDWIN C. GLICKMAN LIFT ONE CONDO 2126 NORTH KENMORE CHICAGO IL 60614 EDWIN V. LADD, JR. 210 COOPER CONDO WILMA C. LADD 184 MAXINE ROAD BRISTOL CT 06010 ENRIQUE ALVAREZ ROBLES LIFT ONE CONDO CRISTINA ALVAREZ RT 15FM 2854, BOX 420 CONROE TX 77301 ERNEST ALBERT & IRENE WILMA BACSANYI 210 COOPER CONDO SANDRA L. & DEAN P. COOBAC RT. 1, BOX 409X KEWADIN MI 49648 FERGUS & DIANE DAVIDSON 2735-131-34-017 C/O SANDY HERRON P.O. BOX GG ASPEN CO 81612 FRED B. SMITH AZTEC CONDO P.O. BOX 1388 ASPEN CO 81612 GASTON A. ALCIATORE 210 COOPER CONDO NANCY J. ALCIATORE P.O. BOX 11582 ASPEN CO 81612 GENTRY REAL ESTATE CORP. AZTEC CONDO 560 NORTH NIMITZ HWY., STE. 300 HONOLULU HI 96817 • GEORGE C. STROH OBERLANDERSTR. 12 8900 AUGSBURG 1, GERMANY GEORGE W. CALKINS 5100 E. QUINCY AVE. ENGLEWOOD CO 80110 HARLAN DOPKIN P.O. BOX 4696 ASPEN CO 81612 HAROLD V. TONGEREN LIDIA M. TONGEREN 2000 E 12TH AVE. 22ND FLOOR DENVER CO 80206 HARRY UHLFELDER P.O. BOX 1165 ASPEN CO 81611 HARVEY C. TAYLOR W 301 N 9430 HW E HARTLAND WI 53029 HYYAN AL-ZAHID, TRUSTEE P.O. BOX 738 ASPEN CO 81612 HEARTHSTONE HOUSE OF ASPEN, INC. 134 E. HYMAN ASPEN CO 81611 HERBERT P. BALDERSON JOSEPH B. CABELL 708 SPRUCE ST. ASPEN CO 81611 HUGH S. HATCHER JENNIFER M. HATCHER 2806 DUMBARTON ST. NW WASHINGTON DC 20007 0210 COOPER CONDO LIFT ONE CONDO LIFT ONE CONDO SOUTH POINT CONDO ASPEN TWNHS CENT. ASPEN TWNHS CENT. 2735-131-04-005 2735-131-34-005 2735-131-06-002 SOUTH POINT CONDO • • INVERNESS LODGE, INC. 2735-131-04-004 P.O. BOX 13024 PENSACOLA FL 32591 IRMA PRODINGER 210 COOPER CONDO 134 E. HYMAN AVE. ASPEN CO 81611 JACK H. HUMES, JR. 2735-131-34-001 ANTOINNETTE JEAN BACH #6 GINGER LAKE DRIVE WEST EDWARDSVILLE IL 62025 JALEH WHITE 2735-131-34-008 & 26 300 SOUTH SPRING ST. ASPEN CO 81611 JAMES E. SCULL 210 COOPER CONDO P.O. BOX 2051 ASPEN CO 81612 JAMES R. SHENK, TRUSTEE ASPEN TWNHS CENT. 0985 HIGHWAY 133 CARBONDALE CO 81623 JERMAINE L. DINGES 210 COOPER CONDO ELYSE V. VAN EATON 914 Q STREET SW ARDMORE OK 73401 JERRY BERHORST LIFT ONE CONDO CAROLE BERHORST 5586 RAVEN ROAD BLOOMFIELD HILL MI 48301 JERRY M. GREINER LIFT ONE CONDO TERESA U. GREINER 1401 ROSELAWN WEST ROSEVILLE MN 55113 JOAN EVEN 2735-131-34-009 P.O. BOX 716 ASPEN CO 81611 • 0 JOAN MARGUERITE SPARLING 2735-131-34-022 300 PUPPY SMITH STREET #205-220 ASPEN CO 81611 JOEL WUGALTER LIFT ONE CONDO 1 HANOVER SQUARE NEW YORK NY 10005 JOHN B. SULLIVAN 210 COOPER CONDO JUNE A. SULLIVAN 1207 BELMONT AVE. SAVANNA IL 61074 JOHN C. EMERICK AZTEC CONDO SHELLEY W. EMERICK P.O. BOX 265 BOULDER CO 80306 JOHN M. STEPHENS TRUST LIFT ONE CONDO 4433 ALTA RD., SUITE 2 MARINA DEL RAY CA 90292 JON E. ROSE ASPEN TWNHS CENT. RITA L. ROSE 303 MAGNOLIA LAKE DRIVE LONGWOOD FL 32779 JOYCE DONCER SOUTH POINT CONDO 7641 W 123RD PL. PALOS HEIGHTS IL 60463 KAREN N. HYNDS 210 COOPER CONDO HENRIETTA CAROL ATCHISON 203 BRIAR LANE MORRIS IL 60450 KARL HEFLEY TRUST SOUTH POINT CONDO 8171 BAY COLONY DR. #1102 NAPLES FL 33963 KATHERINE GEORGIEFF, TRUSTEE 2735-131-34-021 #11 TOPPING LANE ST. LOUIS MO 63131 • KENNETH F. TITOW 2735-131-34-002 & 3 17219 VILLAGE LANE DALLAS TX 75248 KENNETH GUTNER 210 COOPER CONDO LYNETTE GUTNER 4505 LINDENWOOD LANE NORTHBROOK IL 60062 KING SALMON, INC. SOUTH POINT CONDO SHADOW MOUNTAIN, INC. 334 WEST HYMAN ASPEN CO 81611 LARRY J. SMITH 210 COOPER CONDO 361 FOREST AVE. STE. 200 LAGUNA BEACH CA 92651 LAWRENCE D. GLAUBINGER LIFT ONE CONDO LUCIENNE GLAUBINGER 437 GOLDEN ISLE DRIVE HALLANDALE FL 33009 LEONARD WEINGLASS 2735-131-34-015 P.O. BOX 11509 ASPEN CO 81611 LEROY G. PAAS 2737-182-19-001 228 E. COOPER AVE. ASPEN CO 81611 LIFT ONE CONDO. ASSOC. LIFT ONE CONDO 131 EAST DURANT AVE. ASPEN CO 81611 LIMELITE, INC. 2737-182-18-001 C/O LEROY G. PAAS 228 EAST COOPER ASPEN CO 81611 LYNN W. REED LIFT ONE CONDO 6434 RIO GRANDE NW ALBUQUERQUE NM 87107 • • MARCIA E. SCHOENFELD 2735-131-34-011 & 19 FRED G. SCHOENFELD 657 DENSMORE ROAD AURORA IL 60506 MARGE KEALY COOPER ST. LOFTS 10 STEWART PL., APT. 6JW WHITE PLAINS NY 10601 MARIA FITZGIBBON SOUTH POINT CONDO 77 ASPEN WAY ROLLING HILLS CA 90274 MARJORIE BABCOCK 2735-124-71-005 2161 KALIA ROAD #412 HONOLULU HI 98615 MARTH, FRIEDA, ELSA, LEUDE, CARL, SOUTH POINT CONDO DOROTHY, MARTIN, MARGE, EDWIN & DON FISCHER 525 WEST HALLAM ASPEN CO 81611 MICHAEL ALAN CRAIG LIFT ONE CONDO P.O. BOX 225 ASPEN CO 81612 MICHAEL J. RYAN 2735-131-34-018 P.O. BOX 2244 KIHEI HI 96753 MICHAEL OHNMACHT 210 COOPER CONDO P.O. BOX 1172 ASPEN CO 81612 MILTON ZALE TRUST LIFT ONE CONDO JACOBSON LIVING TRUST 2019 KENMORE CHICAGO IL 60614 NANCY F. LAWLER COOPER ST. LOFTS 80 TALL PINES COURT, N.W. ATLANTA GA 30327 • NANCY KULLGREN SOUTH POINT CONDO 205 E. DURANT AVE, UNIT 2-C ASPEN CO 81611 NORMA DOLLE COOPER ST. LOFTS P.O. BOX 4901 ASPEN CO 81612 NORMAN E. CLASEN 210 COOPER CONDO LAURA B. CLASEN P.O. BOX 1155 BASALT CO 81621 OLIVER S. TRAVERS SOUTH POINT CONDO MARY JEAN TRAVERS 2427 BOSTON ST. BALTIMORE MD 21224 PATRICIA CALLAHAN 2735-131-34-014 & 23 0184 MOUNTAIN LAUREL DR. ASPEN CO 81611 PATRICK A. SMITH AZTEC CONDO P.O. BOX 688 BLOOMFIELD HILL MI 48303 PAUL WOLK SOUTH POINT CONDO THE DELL HUME VA 22639 PEGGY LINTON SOUTH POINT CONDO 75 CHASEWOOD CIRCLE ROCHESTER NY 14618 PHILIP G. HERSHBERGER SOUTH POINT CONDO 2737 CLUB TERRACE FT. WAYNE IN 46804 RAYMOND R. LOCHHEAD AZTEC CONDO EMILIE M. LOCHHEAD 200 SHERWOOD ROAD PASO ROBLES CA 93446 . • • RICHARD BOUNDY SOUTH POINT CONDO GERALDINE M. BOUNDY 906 W. SUGNET RD. MIDLAND WI 48640 RICHARD G. WALLER 2735-131-34-004 QUEENS TOWER #1207 810 MATSON PLACE CINCINNATI OH 45204 RICHARD J. GARRETT SOUTH POINT CONDO ANN S. GARRETT 405 ALLENS CREEK ROAD ROCHERSTER NY 14618 RICHARD L. FRIEDMAN LIFT ONE CONDO 175 FEDERAL ST., STE. 900 BOSTON MA 02110 RICHARD P. VERNE ASPEN TWNHS CENT. JO MORING VERNE 33 EAST END AVE., #12C NEW YORK NY 10028 ROANE M. LACY, JR. LIFT ONE CONDO P.O. BOX 887 WACO TX 76703 ROARING FORK PROPERTIES LIFT ONE CONDO 5055 26TH AVE. ROCKFORK IL 61109 ROBERT D. LEATHERMAN 210 COOPER CONDO KATHRYN N. PITNER 387 SO. YORK ST. DENVER CO 80209 ROBERT D. SHENK ASPEN TWNHS CENT. 985 HIGHWAY #133 CARBONDALE CO 81623 ROBERT JACOBSON 210 COOPER CONDO 2168 SANTA MARGARITA DR. FALLBROOK CA 92028 • • ROBERT T. WARSTLER• LIFT ONE CONDO 4920 HOLLY TREE DR. DALLAS TX 75287 ROBERT W. O'CONNOR LIFT ONE CONDO CATHERINE L. O'CONNOR 600 W. PRAIRIE AVE. SOUTH BEND IN 46601 ROBERT W. SHAW 210 COOPER CONDO 4321 RIDGEHAVEN CT. FORT WORTH TX 76116 ROGER M. & DIXIE H. DIXON SOUTH POINT CONDO LEE PARK CENTER 6TH FLOOR DALLAS TX 75219 SALLY RAE GLENN SOUTH POINT CONDO 504 WEST HALLAM ASPEN CO 81611 SALLYANNE C. JOHNSON 2735-131-34-025 P.O. BOX 5050 ASPEN CO 81612 SARAH R. WERNER 2735-131-04-003 510 CEMETERY LANE ASPEN CO 81611 SAVANAH LIMITED PARTNERSHIP 2737-182-79-001 C/O JOE IMBRIANI 600 E. COOPER ST., STE. 200 ASPEN CO 81611 SNOW QUEEN LODGE PARTNERSHIP 2735-124-71-006 P.O. BOX 4901 ASPEN CO 81612 SOUTH POINT CONDO. ASSOC. SOUTH POINT CONDO 205 E. DURANT #2F ASPEN CO 81611 • SOUTHPOINT-SUMNER CORPORATION SOUTH POINT CONDO 4828 FORT SUMNER DRIVE BETHESDA MD 20816 STANLEY J. CRISTOL LIFT ONE CONDO BARBARA W. CRISTOL 2918 3RD ST. BOULDER CO 80302 SUMMIT VIEW, INC. 210 COOPER CONDO 248 WASHINGTON STREET TOMS RIVER NJ 08754 SUNNY REDMOND ASPEN TWNHS CENT. P.O. BOX 158 WOODY CREEK CO 81656 TATJANA D. WOODSON SOUTH POINT CONDO P.O. BOX 125 TETON VILLAGE WY 83025 THEODORE GRAHAM LIFT ONE CONDO 3575 MAUTZ-YEAGER ROAD MARION OH 43302 THOMAS J. WARWICK 2735-131-34-007 & 10 SANDRA R. WARWICK 2664 FOURTH AVE. SAN DIEGO CA 92103 THOMAS VETRI 2735-131-34-020 HEIDI SPITZ 119 E. COOPER AVE. #22 ASPEN CO 81611 THOMAS W. MCCONNELL LIFT ONE CONDO KAY L. MCCONNELL 3814 OAKHILLS BLOOMFIELD HILL MI 48301 VERA JEAN KNOWLTON LIFT ONE CONDO 2552 E. ALAMEDA, SUITE 31 DENVER CO 80209 WILLIAM D. HEIM 301 SEVERN AVE. ANNAPOLIS MD 21403 YVONNE F. HAMMOND P.O. BOX 280 EVERGREEN CO 80439 ZOLLER FAMILY TRUST LAWRENCE & HELEN ZOLLER SIERRA GRANDE MEXICO 10 D.F MEXICO • ASPEN TWNHS CENT. SOUTH POINT CONDO SOUTH POINT CONDO PUBLIC NOTICE RE: 204 EAST DURANT STREET SUBDIVISION, TEXT AMENDMENT AND GMQS EXEMPTION NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, July 5, 1994 at a meeting to begin at 4:30 p.m. before the Aspen Planning and Zoning Commission, 2nd Floor Meeting Room, City Hall, 130 S. Galena St., Aspen, to consider an application submitted by S.G.A. Aspen Limited Liability Company, c/o Douglas P. Allen, 225 N. Mill St., Suite 210, Aspen, CO, requesting subdivision approval to develop an eight unit (four free market units and four fully deed -restricted units), multi -family residential project. The applicant is also requesting an amendment to the City of Aspen Municipal Code Section 24-5-302(A) and (C) to allow the use of the garage aprons for four parking spaces and GMQS Exemption to reconstruct four multi -family affordable dwelling units. The property is located at 204 E. Durant Avenue; Lots K, L, M, N and 0, Block 77, City and Townsite of Aspen. For further information, contact Mary Lackner at the Aspen/Pitkin Planning Office, 130 S. Galena St., Aspen, CO 920-5106 s/Bruce Kerr, Chairman Aspen Planning and Zoning Commission Published in the Aspen Times on June 17, 1994 City of Aspen Account PSPEN/PITKIN PLANNING OFFICP 130 S. Galena Street Aspen, Colorado 81611 (303) 920-5090 FAX# (303) 920-5197 May 16, 1994 Sunny Vann 230 E. Hopkins Aspen, CO 81611 Re: 204 E. Durant GMQS Exemptions, Subdivision and Text Amendment Case A28-94 Dear Sunny, The Planning Office has completed its preliminary review of the captioned application. We have determined that this application is complete. However, you must submit the following information by May 27: 1. Article IV required no more than 20 % of the units to be restricted to Resident Occupancy. Your application indicates 25 % of the units will be restricted to R.O. Please address how you will revise the application to comply with this requirement. 2. What are the existing unit rental levels? We have scheduled this application for review by the Aspen Planning and Zoning Commission at a Public Hearing to be held on Tuesday, July 5, 1994 at a meeting to begin at 4:30 p.m. Should this date be inconvenient for you please contact me within 3 working days of the date of this letter. After that the agenda date will be considered final and changes to the schedule or tabling of the application will only be allowed for unavoidable technical problems. The Friday before the meeting date, we will call to inform you that a copy of the memo pertaining to the application is available at the Planning Office. Please note that it is your responsibility to mail notice to property owners within 300' and to post the subject property with a sign at least ten (10) days prior to the public hearing. Please submit a photograph of the posted sign as proof of posting and an affidavit as proof of mailing prior to the public hearing. If you have any questions, please call Mary Lackner, the planner assigned to your case, at 920- 5105. Sincerely, Su "P"� L. Wolff Administrative Assistant apz.ph N OT F, %)01) ALLEY BLOCK 77 12 I/T 98.4 100.5 4-1 V �2%jf- 4x� 0FIVF WA 1 01-6 FE 9 12,` ii-14k I OFVVFWA] SLOP 2% (MAX) 98.0 TO 10 WALL 1::�� C-.Z' , 5 !"It "IT 95.54 95.54 T.0 CONC ' IT : El, 95,54 BUILDING El !0110" 'HIGH PT [IkRAC;F HAY NU -- SITE EL. 94.7 v 111I)TV' EL 101' 0" 94 2 4 9554 Y 0 WALL !I 98.14 9 95.54 7.64 T.O. CONC.i �- SITE EL. 95.54 BUILDING FL. 101' 10" (HIGH PT. 10 GARAGE BAYS) V­ CRAVP-I.- ur1rJFP- T41F (TT.PICAI 'Of Lv',V r J TF.> Z'z I' 4 P4'VF--MF-f AREATENS 0 100.5 -4- OF�VF W1 A t I5FF # r2% (MAX) 100 j 1-f-4m-L-F T_41—of-cr 4130VE I I V'E"CLE-_ 5 TIPP C--)F41L —uAf< P.!J4NTE-,Q + I 96.2 W97.64 97.64 ?RE Jict4D AIN (T I P) 5FF AP6,P f5PF-r, d FPF TOC-MN ORWC-5 T.O. CONC_- SI1E EI, 97 64 T 0 CONC. SITE EL 96 8 T.O. CONC.; - SITE EL 97.64 BUILDING EL. 103' 11 -1,4 " BUILDING FL. 103' i 1 `4' BUILDING EL. 103' 11 --3/4" (HIGH PT 04 GARAGE BAYS) (HIGH PT. & GARAGE BAYS) 1 I/Al 1 f di r 77 -A 7 UNT'S IIJVF--R L.-EVE1 (T,'F) 5FF 43.1— �j L 97.64 T 1005 100.8! JL_ II +100 1-T T 0 CONC SITE EI_ 95.8 El T 0 ONC SITE EIj' 93.7 T 0 C 0 EI, 95�8 BUILDING El, BUILDING EL. 102' 1 1 �4" fi A !I*,.'\ (1 0 100, 01� BUILDING EL. 10, TO 0P L F2 9812 .2 9 .3 95,3 0 1) 95�3 96 1 10 9- 981 X 6 A TF I F-; FL EC. OfQ�V6v5 .tJ 0M - 1 4 F F T4 'Nit IC- W41 L. TOF i W41_ L 6' 450VE 6-F41 If C il` -ONTINJOU5 !-FFIM- FF-R FOUNOATION opAiN (4T FNT/PE 131_0vF-0J'1PF.T!­ 5FF 0FT41 11A6J 4NO CP✓ , /L1 ENCif1FFPPC- SWIMMING POOL ENCROACHMENT ____OPEN AREA = 433 SQ. FT _,__ _ = 2,9 % OF LOT AREA i, f. c E TARS Fx!cr PE 1 4 f,N! 1. Il V-t._L 'L :0_�. V AF' 71, L) 4 L__5L0PF CFADF AWA mlll. io% Fop- FIF,5 MAXIMUM -VATIOM�5 Sl-IOW AI� o AL L ELF bil-11 1 1? 1 r!C- F[ FVAT 0115 Uri i 1- X 151 1 i i `,k2 A D! 0 A3