HomeMy WebLinkAboutcoa.lu.gm.AspenElectricAffordableHousingAspen Electric Affordable Housing
Sub. GMQS Eump., Map Amend. etc
2737'074-01-417 A70-92
SL NI BY:GIMAC R1 C 2-12-03 :10:27A.'•i CMIC RFC 913039209 2 i : m 2
GMAC RFC-
ResideWal Fw►ding corpxaUon
10 Universal Clty Plaza, Suiie 2100
Universal City, CA 916W
(818) 753-4400
February. 11,..1993
Pitkin County Attorney
Aspen: City Engineer
C/o Goid Key Services
616 E. Hyman,Avenue, Suite 101
Aspen, Caloxado 81611
Re. R ai c '.�tti
Jiv, Fr
210 Sesame Street
Aspen, Colorado
'Final Plat of Aspen Electric•Subdiviaion
REC Loan #1.258148
GMAC Loan #21-7992114
To 'Thom it may .concern_
Please be advised Residential Funding Corporation as mortgagee on
the above referenced property consents to the lot line adjustment
as shown on t•he final plat of the Aspen Electric Subdivision.
Inca
.Linda L. iK
Loan. Service Representative
Pottfolio 'Services
cc: Edward 14ayer,. GmAc (215)881-1595
,file
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SUBDIVISION AGREEMENT
FOR THE
ASPEN ELECTRIC EMPLOYEE HOUSING
THIS SUBDIVISION AGREEMENT is made and entered into
by and between BARRY AND SHARON SIEGEL ("Owner") and THE CITY OF
ASPEN, A MUNICIPAL CORPORATION ("City") as of the date(s)
provided below.
W I T N E S S E T H:
WHEREAS, Owner owns that certain real property (the
"Property") located in the City of Aspen, County of Pitkin, State
of Colorado. A complete metes and bounds description is attached
hereto as Exhibit A; and
WHEREAS, on October 26,1992, the City Council of the City of
Aspen granted subdivision approval for the property pursuant to
Sections 24-7-1004,24-7-1102, 24-8-104, 24-7-1007; and
WHEREAS, on September 22, 1992, the Aspen Planning and Zoning
Commission granted development approval pursuant to Section 25-5-
206.2 of the Municipal Code of the City of Aspen (the "Code") for
the development of three (3) deed restricted dwelling units and
condominiumization thereof to be situated on the Property (see
Ordinance No. 62, Series of 1992,a copy of which is attached hereto
as exhibit B) and approved special review for parking and open
space; and
WHEREAS, the Owner has submitted to the City for approval,
execution and recordation of a plat and subdivision agreement for
the Property (the "Plat") and the City agrees to approve, execute
and record the Plat on the agreement of the Owner to the matters
described herein, subject to the provisions of the Code, the
conditions contained herein and other applicable rules and
regulations; and
WHEREAS, the City has imposed conditions and requirements in
connection with its approval, execution and acception of the Plat
and such matters are necessary to protect, promote and enhance the
public health, safety and welfare and, pursuant to the Code, the
City is entitled to assurances that the matters set forth herein
will be faithfully performed by the Owner and the Owner's
successors and assigns; and
WHEREAS, the Owner is willing to enter into such agreement
with the City and to provide assurances to the City; and
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NOW, THEREFORE, in consideration of the mutual covenants
contained herein and the approval, execution and acceptance of the
Plat for recordation by the City, it is agreed as follows;
1. Description of Project. The project which the City Council
approved consists of one (1) parcel, the legal description of which
is set forth on the attached Exhibit A. The parcel contains
approximately 8,059 sq.ft. and is approved for the development of
three (3) affordable housing units with the following development
mix:
A. Category 2 Deed Restriction:
i. Two (2) two bedroom/2 bath units each with a
± 500 sq.ft. garage.
B. Category 4 Deed Restriction:
i. One (1) 4 Bedroom/2 bath unit with an + 816
sq. ft. garage.
2. Acceptance of Plat. Upon execution of this Agreement by
all parties hereto, and upon approval of the final plat by the
Engineering Department and Planning Office, the City agrees to
approve and execute the final plat for the project submitted
herewith, which conforms to the requirements of Section 24-7-1004
of the Code. The City agrees to accept such plat for recording in
the offices of the Pitkin County Clerk and Recorder upon payment
of the recordation fee and costs to the City by Owner.
a. Final Subdivision Plat, Recorded Book � Page gt
b. Site Plan,Recorded BooK 30 PageBS�-
3. Construction Schedule. The City and Owner anticipate that
the construction of the Project will begin in late October, 1992
and will be completed no later than 9 months thereafter, unless
extended by mutual agreement of the parties
4. Parking and open Space Requirements. Owner shall provide
two (2) off street parking spaces per dwelling unit in the garages,
which is the maximum allowable in the (AH) Affordable Housing Zone.
The project has met its Open Space requirement.
5. Public Improvements.
A. Special Improvement District Owner hereby agrees to
join any special improvements district(s) in the event one is
formed which includes the Project site.
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B. Sidewalk . Owner hereby agrees that Owner shall enter
into a Curb, Gutter and Sidewalk Improvement Agreement for the
Aspen Electric Subdivision.
C. Curb and Gutter. Owner hereby agrees that Owner shall
install curb, gutter and driveway per the approved site plan prior
to the submission of the condo map or shall place the estimated
cost of such improvements in an escrow account for construction in
the spring of 1993. The estimated cost of construction is
$ 2,400.00 , and shall be placed in escrow,if requested by the
City of Aspen.
6. Drainage. Prior to recordation of the final plat and
issuance of a building permit for the Project, a drainage plan
shall be submitted to the City in accordance with Section 24-7-1004
(C) (4) (f) of the Code and shall be approved by the Engineering
Department. The drainage plan shall include calculations showing
that the historic rate of run-off will be maintained. A copy of the
approved plan is attached hereto as Exhibit F.
7. Public Rights of Way The Owner must obtain an excavation
permit from the Street Department and design approval from the
Engineering Department for any work done in a public right of
way.
8. Deed Restrictions The project is to be deed restricted
pursuant to applicable Aspen/Pitkin County Housing Authority
("APCHA") requirements. The APCHA shall review and approve all
deed restrictions for the Project prior to the issuance of the
Certificate of Occupancy for the Project. Attached hereto as
Exhibit H is a draft Occupancy and Resale Deed Restriction
Agreement and Covenant. Prior to the sale of any individual unit
in the project to a purchaser, such purchaser shall be required to
execute such deed restriction, which shall then be recorded in the
Pitkin County Real Property Records and placed on file with APCHA.
9. Lease Restrictions. Each unit in the Project is hereby
restricted to a minimum six (6) month lease, with no more that two
(2) shorter tenancies allowed per year. This covenant runs to the
benefit of the City and may be enforced by the City or its assignes
by an action for an injunction and/or specific performance,
together with all other remedies available at law.
10. Condominium Map. Upon substantial completion of the
Project, a condominium map and condominium declaration for the
Project must be prepared and reviewed and approved by the
Engineering Department and the Planning Office. The condominium
map and declaration shall be recorded with the Pitkin County Clerk
and Recorder's Office prior to the conveyance of any of the
individual units within the Project.
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11. Material Representations. All material representations
made by the Owner on record to the City in accordance with the
approval of the Project shall be binding upon the Owner, its
successors and assigns.
12. Enforcement. In the event the City determines the Owner
is not in substantial compliance with the terms of this
Agreement or the final plat, the City may serve a Notice of Non -
Compliance and request that the deficiency be corrected within a
period of forty-five (45) days. In the event the Owner believes
that it is in compliance or that the non-compliance is
insubstantial, the Owner may request a hearing before the City
Council to determine whether the alleged non-compliance exists or
whether any amendment, variance or extension of time to comply
should be granted. On request, the City shall conduct a hearing
according to standard procedures and take such action as it then
deems appropriate. The City shall be entitled to all remedies at
equity and at law to enjoin, correct and/or receive damages for any
non-compliance with this agreement.
13. Notices. Notices to the Parties shall be sent by the
United States Certified Mail, Return Receipt Requested, Postage
Prepaid, to the addresses set forth below or to any other address
which the parties may substitute in writing. Such notices shall
be deemed received, if not sooner received, three (3) days after
the date of mailing of same.
To The Owner:
To the City of Aspen:
With a Copy To:
Barry and Sharon Siegel
210 Sesame Street
Aspen, Colorado 81611
c/o City Manager
130 South Galena Street
Aspen, Colorado 81611
City Attorney
130 South Galena
Aspen, Colorado 81611
14. Binding Effect. The provisions of this agreement shall
run with and constitute a burden on the land on which the project
is located and shall be binding on and enure to the benefit of the
Owner, its successors and assigns and to the City, its successors
and assigns.
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15. Amendment. This agreement may be altered or amended only
by written instrument executed by all parties hereto with the same
formality as this Agreement is executed.
16. Severability. If any of the provisions of this agreement
are determined to be invalid, it shall not effect the remaining
provisions hereof.
17. Effective Date. This agreement shall become effective
upon the date of the last signature illustrated
below.
IN WITNESS WHEREOF, the parties hereto have executed this
Subdivision Agreement the day and year first above written .
ATTEST:
Kathryn S. Koch, City Clerk
APPROVE/D� AS TO FORM:
City Attorney
STATE OF COLORADO )
ss:
COUNTY OF PITKIN )
CITY OF ASPEN, a municipal
corp ration
B
p02 Jo n ftennett, Mayor, Date
OWES
Barry ,S'iO4el Date
Sharon Siegel Date
The foregping instrume t is hereby acknowledged before me this
day of /cat 199 by Barry and Sharon Siegel, as Owners
of the project.
Witness my hand and seal. ,
My Commission expires:,' p�
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E::in Cnty Clerk, Doc $.(j(-)
LIST OF EXHIBITS
Exhibit A Legal Description
Exhibit B Ordinance 62,Series of 1992 (City of Aspen)
Exhibit C Curb, Gutter and Sidewalk Improvement Agreement
Exhibit D Draft Occupancy and Resale Deed Restriction Agreement
and Covenant
Final Plat and Site Plan recorded Book 3-0 Page 8 5-
Exhibit A
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PitE:in Cnty Cler . Doc .Cfc>> G 950
LEGAL DESCRIPTION
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Silvia Davis, Pitkin Cnty Clerk, Doc $.00
ORDINANCE NO. 62
(SERIES OF 1992)
AN ORDINANCE OF THE ASPEN CITY COUNCIL GRANTING SUBDIVISION,
REZONING FROM MODERATE -DENSITY RESIDENTIAL PUD (R-15) TO AFFORDABLE
HOUSING (AH), GMQS EXEMPTION AND CONDOMINIUMIZATION, LOT 3, SUNNY
PARR NORTH SUBDIVISION, PARR AVENUE, ASPEN COLORADO
WHEREAS, pursuant to Sections 24-7-1004 and 24-7-1102 of the
Municipal Code the applicants, Barry and Sharon Siegel, have
submitted an application for a subdivision of Lot 3 Sunny Park
North Subdivision creating Lots 1 and 2 Aspen Electric Subdivision,
and a map amendment for rezoning Lot 1 from R-15 to AH; and
WHEREAS, pursuant to Section 24-8-104 of the Municipal Code, the
applicants seek a GMQS Exemption for the development of a fully
deed restricted triplex on Lot 1; and
WHEREAS, pursuant to Section 24-7-1007 of the Municipal Code, the
applicants wish to condominumize the triplex; and
WHEREAS, at a duly noticed Public Hearing held by the Aspen
Planning and Zoning Commission (hereinafter "Commission") on
September 22, 1992 to consider the subdivision, map amendment,
special review for parking and open space, and GMQS Exemption, the
l Commission reviewed the application and considered the
representations and commitments made by the applicant; and
WHEREAS, the Commission found that the subdivision, rezoning and
GMQS Exemption application complied with Sections 24-8-104, 24-7-
1004 and 24-7-1102, are not in conflict with any applicable
portions of Chapter 24, are consistent with the elements of the
Aspen Area Comprehensive Plan, are compatible with surrounding zone
districts and land uses, are consistent and compatible with the
community character in the City of Aspen, and are in harmony with
the purpose and intent of Chapter 24 of the Municipal Code; and
WHEREAS, the Commission recommended, at their September 22, 1992
meeting, approval to the City Council of the subdivision of Lot 3,
Sunny Park North Subdivision, rezoning of Lot 1 Aspen Electric
Subdivision from R-15 PUD to AH and GMQS Exemption for the
development of a fully deed restricted triplex; and
WHEREAS, pursuant to Section 24-5-206.2, the Commission approved,
by special review, 2 parking spaces per unit and 47.5% open space
on the site; and
WHEREAS, the Aspen City Council, having considered the Planning and
Zoning Commission's recommendations, does wish to grant
subdivision, rezoning, and GMQS Exemption with conditions; and
WHEREAS, the Aspen City Council, having reviewed the application
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does wish to grant condominiumization of the fully deed restricted
triplex with conditions.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ASPEN, COLORADO:
Section 1•
That it does hereby grant subdivision of Lot 3 Sunny Park North
Subdivision, Aspen Colorado and rezoning of the newly created
parcel (500 Park Circle) from R-15 PUD (moderate -density
residential) to AH (affordable housing) with the following
conditions:
1. Prior to the issuance of any building permits:
a. The applicant shall ensure that the slope stabilization is
adequate as determined by the City Engineer.
b. A final plat shall be reviewed and approved by the Engineering
Department. All easements created through this application shall
be established by a recorded easement agreement in addition to
indicating it on the plat. The plat shall include the book and
page of the recording.
C. The subdivision plat and subdivision agreement, to be reviewed
and approved by the Planning Department and City Attorney, shall
be filed within 180 days of final approval.
d. The applicant shall submit a drainage analysis, reflecting
future site drainage, performed by an engineer registered in the
State of Colorado to the engineering department.
e. The applicant shall sign a sidewalk construction agreement
prior to recording the plat, however a gravel pedestrian area shall
be provided at the time of construction to be approved by the
Engineering Department.
f. The applicant shall provide a six foot by six foot transformer
easement and a four foot by four foot pedestal easement on Lot 1
which shall be designated on the final plat.
2. Prior to final approval a revised site drawing must be approved
by the engineering department. The site drawing must include the
existing curb and gutter, and depict the existing Tailings
Condominium driveway.
3. All required utility extensions shall be located underground.
4. Each unit will be constructed in compliance with all applicable
uniform building code requirements and U.B.C. sound attenuation
codes as required.
5. The applicant shall adhere to the all representations made in
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the application and during the review process.
Section 2:
That is does hereby grant GMQS Exemption for the development of a
fully deed restricted triplex with the following condition:
1. Deed restrictions shall be reviewed and approved by the Housing
Authority and Planning Department prior to the issuance of any
building permits for the three dwelling units.
2. The deed restrictions shall contain language enabling the
Siegel's right of first refusal when the units are for sale as long
as the Siegel's own their home on Lot 2 of the Aspen Electric
Subdivision orhis business, Aspen Electric.
Section 3:
That is does hereby grant condominiumization of the three
residential dwelling units with the following condition:
1. Prior to the sale of either unit, a condominium plat which
meets the requirements of Section 24-7-1004 D of the Municipal.C.ode
and a Subdivision Exemption Agreement must be filed. The final
plat and agreement shall be reviewed and approved by the
Engineering and Planning Departments and the City Attorney.
Section 4•
The Official Zone District Map for the City of Aspen, Colorado,
shall be and is hereby amended to reflect those rezoning actions
as set forth in Section 1 above and such amendments shall be
promptly entered on the Official Map in accordance with Section
24-5-103B of the Municipal Code.
Section 5•
If any section, subsection, sentence, clause, phrase or portion of
this ordinance is for any reason held invalid or unconstitutional
by any court of competent jurisdiction, such provision and such
holding shall not affect the validity of the remaining portions
thereof.
Section 6:
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 7•
A public hearing on the Ordinance shall be held on the
s
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day of October 26, 1992 at 5:00 P.M. in the City Council Chambers,
Aspen City Hall, Aspen Colorado, fifteen (15) days prior to which
hearing a public notice of the same shall be published one in a
newspaper of general circulation within the City of Aspen.
INTRODUCED, READ AND ORDERED PUBLISHED as prove ed by law, by the
Ci Council of the City of Aspen on the % day of
1992. r3
John Bennett, Mayor
ATTEST:
Kathryn . Koch, City Clerk
FINALLY, adopted, passed and approved this —ZCoq4k--/ day of
AT EST:
Kathryn Koch, City Clerk
4
1�
John Bennett, Mayor
Exhibit C
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Silvia Davis, Pi tE i n Cnty Clerk, Doc $. C)(-)
CURB,GUTTER AND SIDEWALK IMPROVEMENT AGREEMENT
BETWEEN
THE CITY OF ASPEN AND Barry and Sharon Siegel.
WHEREAS, Barry and Sharon Siegel are owners of the real property
located at 500 Park Circle, Aspen, Colorado, (hereinafter "Owners);
and
WHEREAS, owner has recently completed new construction and desire
to obtain a certificate of occupancy; and
WHEREAS, owner's property is within a zone district or other area
as designated on the City of Aspen adopted sidewalk, curb and
gutter plan requiring construction of curb ,gutter and sidewalk
prior to issuance of a certificate of occupancy or, in lieu
thereof, an agreement for future construction pursuant to Section
19-100 of the Municipal Code; and
WHEREAS, at this time, The City Engineer deems the construction of
curb gutter and sidewalk on public right-of-way adjacent to the
owner's property within( three) 3 years unfeasible due to existing
improvements or conditions.
NOW,THEREFORE, the parties agree as follows:
1. Owner agrees to construct curb,gutter sidewalk and driveway
according to the Site plan recorded Book_ Page , at the
cost of approximately $ 2400.00, within the 1993 construction
season.
2. Owner agrees to construct curb,gutter and sidewalk along the
frontage of owner's property (approximately 120 feet) at such time
as the City of Aspen deems construction necessary and feasible. It
is acknowledged by all parties that the present requirement is for
two (2) foot gutter, six(6) inch vertical curb, and five(5) foot
wide concrete sidewalk.
3. In the alternative, at the City's option, the City may construct
the above improvements and owner and owner shall reimburse the City
for all costs of such construction. Reimbursement shall be made to
the City within ninety(90) days after receipt of invoice.
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Silvia Davis, Pitkin Cnty Clerk, Doc
4. This agreement shall be binding and shall insure to the benefit
of the heirs, assigns, and successors in title of the parties
hereto.
Enter e to this 7 day of January, 1993.,(
State of Co ado)
County of Pitkin )
The foregoing instrument was acknowledged befor e isJ� day
of b C
J��tW�irs�> my hand and official sea .
� . 46t sy, Public /
�iF' Asdrs� : /
OF COV ZZ
CITY 0 ASPEN, C L,ORADO A Municipal Corporation
BY: ?2,-i eon, ,
Attest:
(MAYOR)
(CITY CLERK)
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, D,�,_-- s. i_,(:)
MASTER DEED RESTRICTION OF
THE ASPEN/PITKIN COUNTY HOUSING AUTHORITY'S
OCCUPANCY AND RESALE DEED RESTRICTION,
AGREEMENT, AND COVENANT
THIS OCCUPANCY AND RESALE DEED RESTRICTION, AGREEMENT AND
COVENANT (the "Agreement") is made and entered into this day
of , 19_, by **
("Owner"), for the benefit of the parties and enforceable by the
ASPEN/PITKIN COUNTY HOUSING AUTHORITY (hereinafter referred to as
"APCHA"), a duly constituted Multi -jurisdictional Housing Authority
established pursuant to the AMENDED AND RESTATED INTERGOVERNMENTAL
AGREEMENT by and between the City of Aspen, Colorado (the "City")
and Pitkin County, Colorado (the "County"), dated September 26,
1989 and recorded in Book 605 at Page 751 of the records of the
Pitkin County Clerk and Recorder's Office.
W I T N E S S E T H:
WHEREAS, Owner has purchased from the APCHA at a price of
$** , and owns as a result of that certain warranty deed
executed on the date hereof, an approximate ** square foot
dwelling ("Dwelling") located on the real property more specifical-
ly described in Exhibit "A" attached hereto and incorporated
herein. For purposes of this Agreement, the dwelling, the real
property and all appurtenances, improvements and fixtures associat-
ed therewith shall hereinafter be referred to as the "Property";
and
WHEREAS, as a condition of the sale to the Owner of the
Property, the Owner is required to enter into this Agreement; and
WHEREAS, Owner agrees to restrict the acquisition or transfer
of the Property to "Qualified Buyers," as that term is defined in
this Agreement, who fall within the Category ** income
range established and adopted by the APCHA from time to time in
it's Affordable Housing Guidelines. In addition, the Owner agrees
that this Agreement shall constitute a resale agreement setting
forth the maximum sale price for which the Property may be sold
("Maximum Sale Price"), the amount of appreciation and the terms
and provisions controlling the resale of the Property should Owner
desire to sell the Property at any time after the date of this
Agreement. Finally, by this Agreement, Owner agrees to restrict
the Property against use and occupancy inconsistent with this
Agreement.
WHEREAS, "Qualified Buyers" are natural persons meeting the
income, residency and all other qualifications set forth in the
Aspen/Pitkin County Housing Authority Affordable Housing Guidelines
("the Affordable Housing Guidelines"), or its substitute, as
**To be determined by a later recorded memorandum encumbering each
individual lot.
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adopted by the APCHA, or its successor, and in effect at the time
of the closing of the sale from Owner to the Qualified Buyer and
who must represent and agree pursuant to this Agreement to occupy
the Property as their sole place of residence, not to engage in any
business activity on the Property other than a valid home occupa-
tion. A valid home occupation for the purposes of this agreement
is permitted to the extent that it is not inconsistent with the
land use provisions of the Aspen Municipal Code as in effect from
time to time and subject to the applicable licensing and taxation
requirements of the City.
NOW THEREFORE, for value received, the receipt and sufficiency
of which is hereby acknowledged, Owner hereby represents, covenants
and agrees as follows:
1. The use and occupancy of the Property shall henceforth be
limited exclusively to housing for natural persons who
meet the definition of Qualified Buyers and their
families.
2. Owner is a Qualified Buyer and, in connection with the
purchase of this Property, Owner agrees (i) to occupy the
Property as his or her sole place of residence during the
time that the Property is owned by the Owner, (ii) not to
engage in any business activity on or in the Property
other than a valid home occupation as allowed by the
Aspen Municipal Code as in effect from time to time,
(iii) to sell or otherwise transfer the Property only in
accordance with this Agreement and the Affordable Housing
Guidelines, and (iv) not to permit any use or occupancy
of the Property except in compliance with this Agreement.
3.(a) It shall be a breach of this Agreement for Owner to
default in payments or other obligations due or to be
performed under a promissory note secured by a first deed
of trust encumbering the Property. Owner hereby agrees
to notify the APCHA, in writing, of any notification
Owner receives from a lender, or its assigns, of past due
payments or default in payment or other obligations due
or to be performed under a promissory note secured by a
first deed of trust, as described herein, within five
calendar days of Owner's notification from lender, or its
assigns, of said default or past due payments.
(b) Upon notification from Owner, as provided above,or
other notice of such default, the APCHA may offer loan
counseling or distressed loan services to Owner, if any
of these services are available, and is entitled to
require Owner to sell the Property to avoid the commence-
ment of any foreclosure proceeding against the Property.
In the event that the APCHA determines that sale of the
Property is necessary, Owner shall immediately execute a
-2-
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standard Listing Contract on forms approved by the
Colorado Real Estate Commission with the APCHA, providing
for a 30-day listing period. If a sales contract has not
been executed within the initial 30-day period, Owner
shall extend the listing period for an additional 180
days, provided such extension does not conflict with the
statutory rights of any secured creditors. The APCHA
shall promptly advertise the Property for sale by
competitive bid to Qualified Buyers. Owner shall, upon
closing, pay a fee to the APCHA in an amount equal to two
percent (2%) of the sales price. In the event of a
listing of the Property pursuant to this Paragraph 3.,
the APCHA is entitled to require Owner to accept the
highest of any qualified bids which satisfies the Owner's
financial or other obligations due under the promissory
note secured by a first deed of trust and deed of trust
in favor of the APCHA, as described herein, and to sell
the Property to such qualified bidder.
(c) Upon receipt of notice as provided in paragraphs 3 (a)
and (b) , the APCHA shall have the right, in it's sole
discretion, to cure the default or any portion thereof.
In such event the Owner shall be personally liable to the
APCHA for past due payments made by the APCHA together
with interest thereon at the rate specified in the
promissory note secured by the first deed of trust, plus
one percent (1%), and all actual expenses of the APCHA
incurred in curing the default. Owner shall be required
by the APCHA to execute a promissory note secured by deed
of trust encumbering the Property in favor of the APCHA
for the amounts expended by the APCHA as specified
herein, including future advances made for such purposes.
Owner may cure the default and satisfy it's obligation to
the APCHA under this subparagraph at any time prior to
execution of a contract for sale, upon such reasonable
terms as specified by the APCHA. Otherwise, Owner's
indebtedness to the APCHA shall be satisfied from the
Owner's proceeds at closing.
4. This Agreement shall constitute covenants running with
the real property, described in Exhibit A, as a burden
thereon, for the benefit of, and shall be specifically
enforceable by the APCHA or the City and their respective
successors and assigns, as applicable, by any appropriate
legal action including but not limited to specific
performance, injunction, reversion, or eviction of non-
complying owners and/or occupants.
5. In the event that the Owner desires to sell the Property,
or that the APCHA determines that the Property must be
sold to prevent default,as long as Barry and Sharon
Siegel own the house at 210 Sesame Street or own Aspen
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Electric, they shall have a 30 day First Right Of Refusal
to purchase any unit, for sale to qualified Aspen
Electric employee or may rent said unit after purchase to
any employee, qualified under Housing Authority guide-
lines at applicable guideline prices and regulations ,
until such time that a qualified Aspen Electric employee
may be found to purchase said unit. The Owners shall be
exempt from APCHA fee for resale to purchaser's qualified
under APCHA guidelines in effect at the time of sale,if
the Owners find their own Purchaser. All prospective
Purchaser's shall be qualified by the APCHA and subject
to the APCHA's conditions of approval and be subject to
the APCHA fee for qualifying a Purchaser at the applica-
ble guideline rate. If FNMA type financing is used there
may be a fee charged by the APCHA, based on the amount
financed. The amount of this fee to be paid by the Owner
shall be as set forth in the current Affordable Housing
Guidelines and will be distributed to the APCHA Mortgage
Fund Account.
MAXIMUM SALE PRICE
6. In no event shall the Property be sold for an amount
("Maximum Sale Price") in excess of the lesser of:
(a) $** , plus an increase of three per-
cent (3%) of such price per year from the date of
purchase to the date of Owner's notice of intent to
sell (prorated at the rate of .25 percent for each
whole month for any part of a year); or
(b) an amount (based upon the Consumer Price Index, All
Items, U.S. City Average, Urban Wage Earners and
Clerical Workers (Revised), published by the U.S.
Department of Labor, Bureau of Labor Statistics)
calculated as follows: the Owner's purchase price
multiplied by the Consumer Price Index last pub-
lished prior to the date of Owner's notice of
intent to sell divided by the Consumer Price Index
current at the date of this Agreement. In no event
shall the multiplier be less than one (1). For
purposes of this Agreement, "date of intent to
sell" shall be the date of execution of a listing
contract when required by this agreement, or if a
listing contract is not otherwise necessary, the
date shall be determined to be the date upon which
a requirement for the Owner to sell is first appli-
cable.
NOTHING HEREIN SHALL BE CONSTRUED TO CONSTITUTE A
REPRESENTATION OR GUARANTEE BY THE APCHA, THE CITY OR THE
COUNTY THAT ON SALE THE OWNER SHALL OBTAIN THE MAXIMUM
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SALE PRICE.
7. (a) For the purpose of determining the Maximum Sale
Price in accordance with this Section, the Owner
may add to the amount specified in Paragraph 6
above, fifty percent (50%) of the cost of Permitted
Capital Improvements, as defined in Exhibit "B",
attached hereto and incorporated herein, in a total
amount not to exceed $** , which is ten
percent (10%) of the initial listed purchase price
set forth in paragraph 6(a) above. All such Per-
mitted Capital Improvements installed or construct-
ed over the life of the unit shall qualify. Howev-
er, the allowance permitted by this subsection is a
fixed amount, which shall be calculated on a cumu-
lative basis applicable to the owner and all subse-
quent purchasers, and shall not exceed the maximum
dollar amount set forth in this subsection 7(a).
(b) Permitted Capital Improvements shall not include
any changes or additions to the Property made by
the Owner during construction or thereafter, except
in accordance with Paragraph 7(a) above. Permitted
Capital Improvements shall not be included in the
APCHA's listed purchase price, even if made or
installed during original construction.
(c) In order to qualify as Permitted Capital Improve-
ments, Owner must furnish to the APCHA the follow-
ing information with respect to the improvements
which the Owner seeks to include in the calculation
of Maximum Sale Price:
(i) Original or duplicate receipts to verify the
actual costs expended by the Owner for the
Permitted Capital Improvements;
(ii) Owner's affidavit verifying that the receipts
are valid and correct receipts tendered at the
time of purchase; and
True and correct copies of any building permit
or certificate of occupancy required to be
issued by the Aspen/Pitkin County Building
Department with respect to the Permitted
Capital Improvements.
(d) For the purpose of determining the Maximum Sale
Price in accordance with this Section, Owner may
also add to the amount specified in Paragraphs 6
and 7(a), the cost of any permanent improvements
constructed or installed as a result of any re-
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quirement imposed by any governmental agency,
provided that written certification is provided to
the APCHA of both the applicable requirement and
the information required by Paragraph 7(c)(i)-
(iii).
(e) In calculating the costs under Paragraphs 7(a) and
7(d), only the Owner's actual out-of-pocket costs
and expenses shall be eligible for inclusion. Such
amount shall not include an amount attributable to
Owner's "sweat equity" or to any appreciation in
the value of the improvements.
8. All disputes between Owner and the administrative staff
of the APCHA shall be heard in accordance with the
grievance procedures set forth in the Affordable Housing
Guidelines.
9. Owner shall not permit any prospective buyer to assume
any or all of the Owner's customary closing costs nor
accept any other consideration which would cause an
increase in the purchase price above the bid price so as
to induce the Owner to sell to such prospective buyer.
10. In the event that one qualified bid is received equal to
the Maximum Sale Price herein established, the Property
shall be sold to such bidder at the Maximum Sale Price;
and in the event Owner receives two or more such bids
equal to the Maximum Sale Price, the Qualified Buyer
shall be selected according to the priority for Sale
Units set forth in the Affordable Housing Guidelines;
and, in the event that all such qualified bidders are of
equal priority pursuant to the Affordable Housing
Guidelines, the Qualified Buyer shall be selected by
lottery among the qualified bidders, whereupon the
Property shall be sold to the winner of such lottery at
the Maximum Sale Price. If the terms of the purchase
contract, other than price, as initially presented to the
Owner, are unacceptable to the Owner, there shall be a
mandatory negotiation period of three (3) business days
to allow the Owner and potential buyer to reach an
agreement regarding said terms, including but not limited
to the closing date and financing contingencies. If,
after the negotiation period is over, the Owner and buyer
have not reached agreement, the next bidder's offer will
then be presented to the Owner for consideration. Owner
shall have a period of three (3) business days in which
to consider and accept or reject any purchase offer less
than the Maximum Sale Price. Bids in excess of the
Maximum Sale Price shall be rejected. If all bids are
below Maximum Sale Price, Owner may accept the highest
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qualified bid. If all bids are below Maximum Sale Price
and two or more bids are for the same price, the Quali-
fied Buyer shall be selected by lottery from among the
highest qualified bidders.
11. In the event that title to the Property vests by descent
in individuals and/or entities who are not Qualified
Buyers as that term is defined herein, (hereinafter "Non -
Qualified Transferee(s)"), the Property shall immediately
be listed for sale as provided in Paragraph 5 above
(including the payment of the specified fee to the
APCHA) , and the highest bid by a Qualified Buyer, for not
less than ninety-five percent (95%) of the Maximum Sale
Price or the appraised market value, whichever is less,
shall be accepted; if all bids are below ninety-five
percent (95%) of the Maximum Sale Price or the appraised
market value, the Property shall continue to be listed
for sale until a bid in accordance with this section is
made, which bid must be accepted. The cost of the
appraisal shall be paid by the Non -Qualified Transfer-
ee(s).
(a) Non -Qualified Transferee(s) shall join in any sale,
conveyance or transfer of the Property to a Quali-
fied Buyer and shall execute any and all documents
necessary to do so; and
(b) Non -Qualified Transferee(s) agree not to (i) occupy
the Property, (ii) rent all or any part of the
Property, except in strict compliance with Para-
graph 15 hereof; (iii) engage in any business
activity on or in the Property, (iv) sell or other-
wise transfer the Property except in accordance
with this Agreement and the Affordable Housing
Guidelines, or (v) sell or otherwise transfer the
Property for use in a trade or business.
(c) The APCHA and the City, or their respective succes-
sors, as applicable, shall have the right and
option to purchase the Property, exercisable within
a period of fifteen (15) calendar days after re-
ceipt of notice submitted to the APCHA by a Non -
Qualified Transferee(s) of its acquisition of the
property. In the event of exercising their right
and option, the APCHA or the City shall purchase
the Property from the Non -Qualified Transferee(s)
for a price of ninety-five percent (95%) of the
Maximum Sale Price, or the appraised market value,
whichever is less. The notice shall be made by the
Non -Qualified Transferee to the APCHA within fif-
teen (15) days of acquisition of the Property by
the Non -Qualified Transferee.
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(d) Where the provisions of this Paragraph 11 apply,
the APCHA may require the Owner to rent the Proper-
ty in accordance with the provisions of Paragraph
15, below.
OWNER RESIDENCE
12. Owner represents and warrants that the Property shall be
and is to be utilized only as the sole and exclusive
place of residence of Owner.
13. Owner agrees that, in the event Owner changes domicile or
ceases to utilize the Property as his sole and exclusive
place of residence, the Property will be offered for sale
pursuant to the provisions of Paragraph 11 of this
Agreement. Owner shall be deemed to have changed Owner's
domicile by becoming a resident elsewhere or accepting
permanent employment outside Pitkin County, or residing
on the Property for fewer than nine (9) months per
calendar year without the express written approval of the
APCHA. Where the provisions of this Paragraph 13 apply,
the APCHA may require the Owner to rent the Property in
accordance with the provisions of Paragraph 15, below.
14. If at any time the Owner of the Property also owns any
interest alone or in conjunction with others in any
developed residential property or dwelling unit(s)
located in Eagle, Garfield, Gunnison or Pitkin Counties,
Owner agrees to immediately list said other property or
unit for sale and to sell owner's interest in such
property at a sales price comparable to like units or
properties in the area in which the property or dwelling
unit(s) are located. In the event said other property or
unit has not been sold by Owner within one hundred twenty
(120) days of its listing, then Owner hereby agrees to
immediately list this Property for sale pursuant to the
provisions of Paragraph 11 of this Agreement. It is
understood and agreed between the parties hereto that, in
the case of an Owner whose business is the construction
and sale of residential properties or the purchase and
resale of such properties, the properties which consti-
tute inventory in such an Owner's business shall not
constitute "other developed residential property" or
"dwelling unit(s)" as those terms are used in this
Paragraph 14.
RENTAL
15. Owner may not, except with prior written approval of the
APCHA, and subject to the APCHA's conditions of approval,
rent the Property for any period of time. Prior to
occupancy any tenant must be approved by the Homeowner's
#354(--)94 02/ 19/93 11 : 04 Rec ., ;' L�f: PC 965
Silvis Davis, Pi t.k:in Cnty Cler k.,; Doc
Association, if applicable, and the APCHA in accordance
with the income, occupancy and all other qualifications
established by the APCHA in its Affordable Housing
Guidelines. The APCHA shall not approve any rental if
such rental is being made by Owner to utilize the
Property as an income producing asset, except as provided
below, and shall not approve a lease with a rental term
in excess of twelve (12) months. A signed copy of the
lease must be provided to the APCHA prior to occupancy by
any tenant. Any such lease approved by the APCHA shall
be the greater of owner's cost or the rent established in
accordance with the Affordable Housing Guidelines for
units which were constructed in the year in which the
subject unit was deed restricted at the appropriate
income category. Owner's cost as used herein includes
the monthly expenses for the cost of principal and
interest payments, taxes, property insurance, condominium
or homeowners assessments, utilities remaining in owner's
name, plus an additional twenty dollars ($20.00) and a
reasonable (refundable) security deposit.
The requirements of this Paragraph shall not preclude the
Owner from sharing occupancy of the Property with non -
owners on a rental basis provided Owner continues to meet
the obligations contained in this Agreement, including
Paragraph 12.
16. IN NO EVENT SHALL THE OWNER CREATE AN ADDITIONAL DWELLING
UNIT, AS DEFINED IN THE PITKIN COUNTY OR CITY OF ASPEN
LAND USE CODE, IN OR ON THE PROPERTY.
17. NOTHING HEREIN SHALL BE CONSTRUED TO REQUIRE THE APCHA TO
PROTECT OR INDEMNIFY THE OWNER AGAINST ANY LOSSES
ATTRIBUTABLE TO THE RENTAL INCLUDING (NOT BY WAY OF
LIMITATION) NON-PAYMENT OF RENT OR DAMAGE TO THE PREMIS-
ES; NOR TO REQUIRE THE APCHA TO OBTAIN A QUALIFIED TENANT
FOR THE OWNER IN THE EVENT THAT NONE IS FOUND BY THE
OWNER.
BREACH
18. In the event that the APCHA has reasonable cause to
believe the Owner is violating the provisions of this
Agreement, the APCHA by its authorized representative may
inspect the Property between the hours of 8:00 A.M. and
5:00 P.M., Monday through Friday, after providing the
Owner with no less than 24 hours' written notice.
19. The APCHA, in the event a violation of this Agreement is
discovered, shall send a notice of violation to the Owner
detailing the nature of the violation and allowing the
Owner fifteen (15) days to cure. Said notice shall state
#:354094 (�2/1•9/9:3 11:04 Rec $119,00 E-h:: 703 PG 966
Silvia Davis, Pitkin Cnt� Clerk:, Doc ,((,
that the Owner may request a hearing before the APCHA
within fifteen (15) days to determine the merits of the
allegations. If no hearing is requested and the viola-
tion is not cured within the fifteen (15) day period, the
Owner shall be considered in violation of this Agreement.
If a hearing is held before the APCHA, the decision of
the APCHA based on the record of such hearing shall be
final for the purpose of determining if a violation has
occurred.
REMEDIES
20. There is hereby reserved to the parties hereto any and
all remedies provided by law for breach of this Agreement
or any of its terms. In the event the parties resort to
litigation with respect to any or all provisions of this
Agreement, the prevailing party shall be entitled to
recover damages and costs, including reasonable
attorneys' fees.
21. In the event the Property is sold and/or conveyed without
compliance herewith, such sale and/or conveyance shall be
wholly null and void and shall confer no title whatsoever
upon the purported buyer. Each and every conveyance of
the Property, for all purposes, shall be deemed to
include and incorporate by this reference, the covenants
herein contained, even without reference therein to this
Agreement.
22. In the event that the Owner fails to cure any breach, the
APCHA may resort to any and all available legal action,
including, but not limited to, specific performance of
this Agreement or a mandatory injunction requiring sale
of the Property by Owner as specified in Paragraphs 3,
11, 13, and 14. The costs of such sale shall be taxed
against the proceeds of the sale with the balance being
paid to the Owner.
23. In the event of a breach of any of the terms or condi-
tions contained herein by Owner, his heirs, successors or
assigns, the APCHA's initial listed purchase price of the
Property as set forth in Section 6(a) of this Agreement
shall, upon the date of such breach as determined by the
APCHA, automatically cease to increase as set out in
paragraph 6 of this Agreement, and shall remain fixed
until the date of cure of said breach.
FORECLOSURE
If FNMA type financing is used to purchase the Property, as
determined by the APCHA, the APCHA and the City Council may,
pursuant to that certain Option to Buy executed and recorded
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of even date herewith, the terms of which are incorporated in
this Agreement by this reference as if fully set forth herein,
agree to release and waive their ability to enforce the resale
deed restrictions contained herein, in the event of foreclo-
sure, provided that said Option to Buy grants to the APCHA or
the City, as the designee of the APCHA, the option to acquire
the Property within thirty (30) days after the issuance of a
public trustee's deed to the holder (including assigns of the
holder) of the promissory note secured by a first deed of
trust for an option price not to exceed the redemption price
on the last day of all statutory redemption period(s) and any
additional reasonable costs incurred by the holder during the
option period which are directly related to the foreclosure.
In the event that the APCHA or the City, as the designee of
the APCHA, exercise the option pursuant to the terms of that
certain Option to Buy, described above, the APCHA, and/or its
designee, may sell the Property to Qualified Buyers as that
term is defined herein, or rent the Property to qualified
tenants who meet the income, occupancy and all other qualifi-
cations, established by the APCHA in its Affordable Housing
Guidelines until sale to a Qualified Buyer is effected.
GENERAL PROVISIONS
24. Notices. Any notice, consent or approval which is
required to be given hereunder shall be given by mailing
the same, certified mail, return receipt requested,
properly addressed and with postage fully prepaid, to any
address provided herein or to any subsequent mailing
address of the party as long as prior written notice of
the change of address has been given to the other parties
to this Agreement.
25. Said notices,
parties heret
26.
27.
o
To APCHA: Director
Aspen/Pitkin County Housing Authority
39551 Highway 82
Aspen, Colorado 81611
Exhibits. Exhibit A, attached hereto, is incorporated
herein and by this reference made a part hereof.
Severability. Whenever possible, each provision of this
Agreement and any other related document shall be
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Silvia. Davis, Pitkin Cnty Clerk, Doc
interpreted in such manner as to be valid under applica-
ble law; but, if any provision of any of the foregoing
shall be invalid or prohibited under said applicable law,
such provisions shall be ineffective to the extent of
such invalidity or prohibition without invalidating the
remaining provisions of such document.
28. Choice of Law. This Agreement and each and every related
document is to be governed and construed in accordance
with the laws of the State of Colorado.
29. Successors. Except as otherwise provided herein, the
provisions and covenants contained herein shall inure to
and be binding upon the heirs, successors and assigns of
the parties.
30. Section Headings. Paragraph or section headings
within this Agreement are inserted solely for convenience
of reference, and are not intended to, and shall not,
govern, limit or aid in the construction of any terms or
provisions contained herein.
31. Waiver. No claim of waiver, consent or acquiescence with
respect to any provision of this Agreement shall be valid
against any party hereto except on the basis of a written
instrument executed by the parties to this Agreement.
However, the party for whose benefit a condition is
inserted herein shall have the unilateral right to waive
such condition.
32. Gender and Number. Whenever the context so requires
herein, the neuter gender shall include any or all
genders and vice versa and the use of the singular shall
include the plural and vice versa.
33. Personal Liability. Owner agrees that he or she shall be
personally liable for any of the transactions contemplat-
ed herein.
34. Further Actions. The parties to this Agreement agree to
execute such further documents and take such further
actions as may be reasonably required to carry out the
provisions and intent of this Agreement or any agreement
or document relating hereto or entered into in connection
herewith.
35. Modifications. The parties to this Agreement agree that
any modifications of this Agreement shall be effective
only when made by writings signed by both parties and
recorded with the Clerk and Recorder of Pitkin County,
Colorado. Notwithstanding the foregoing, the APCHA
reserves the right to amend this Agreement unilaterally
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where deemed necessary to effectuate the purpose and
intent of this Agreement, and where such unilateral
action does not materially impair the Owner's rights
under this Agreement.
36. Owner and Successors. The term "Owner" shall mean the
person or persons identified at the beginning of this
Agreement and any other person or persons who shall
acquire an ownership interest in the Property in compli-
ance with the terms and provisions of this Agreement; it
being understood that such person or persons shall be
deemed an "Owner" hereunder only during the period of
his, her or their ownership interest in the Property and
shall be obligated hereunder for the full and complete
performance and observance of all covenants, conditions
and restrictions contained herein during such period.
IN WITNESS WHEREOF, the parties hereto have executed this
instrument on the day and year above first written.
OWNER: **
By:
Name:
Title:
Mailing Address:
OWNER: **
By:
Name:
Title:
Mailing Address:
**To be determined by a later recorded memorandum encumbering each
individual condominium unit.
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DECLARATION BY THE ASPEN/PITKIN COUNTY HOUSING AUTHORITY
The foregoing Master Deed Restriction of the Aspen/Pitkin
County Housing Authority's Occupancy and Resale Deed Restriction,
Agreement and Covenant and its terms are hereby adopted and
declared by The Aspen/Pitkin County Housing Authority.
THE ASPEN/PITKIN COUNTY HOUSING
AUTHORITY
B Y 'J10111►'1
kJl�
Title: LkL. T- I Va" b1p
STATE OF COLORADO
ss.
COUNTY OF PITKIN )
Th foregoing instrument was acknowledged before me tl�.--T,r —
day of 1911, by Tf�aNPr` MfS�__ �Iln
Wi ness my h nd and official seal.
My commission expires: v��_ �R� p,;,• b'10;�
j
wh.dr No ar ublic
12/07/92
—14—
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ASPEN ELECTRIC EMPLOYEE HOUSING
EXHIBIT "A"
TO
THE ASPEN/PITKIN COUNTY
HOUSING AUTHORITY'S
OCCUPANCY AND RESALE DEED RESTRICTION,
AGREEMENT, AND COVENANT
Condominium Units, 500 Park Circle, 508 Park Circle and 510 Park
Circle ,CONDOMINIUM PLAT OF ASPEN ELECTRIC EMPLOYEE HOUSING
PROJECT, according to the Plat thereof filed (to be filled in
after completion of project).
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Silvia. Davis, Pi.tk:in Cnty rler::q Pic,
ASPEN ELECTRIC EMPLOYEE HOUSING
EXHIBIT "B"
TO
THE ASPEN/PITKIN COUNTY
HOUSING AUTHORITY'S
OCCUPANCY AND RESALE DEED RESTRICTION,
AGREEMENT, AND COVENANT
1. The term "Permitted Capital Improvement" as used in the
Agreement shall include only the following:
(a) Improvements or fixtures erected, installed or
attached as permanent, functional, non -decorative improvements to
real property excluding repair, replacement and maintenance
improvements.
(b) Improvements for energy and water conservation.
(c) Improvements for the benefit of seniors and/or
handicapped persons.
(d) Improvements for health and safety protection
devices.
(e) Improvements to add and/or finish permanent/fixed
storage space.
(f) Improvements to finish unfinished space.
(g) The cost of adding decks and balconies, and any
extension thereto.
2. Permitted Capital Improvements as used in this Agreement
shall not include the following:
(a) Landscaping;
(b) Upgrades of appliances, plumbing and mechanical
fixtures, carpets, and other similar items included as part of the
original construction of the unit;
items; (c) Jacuzzis, saunas, steam showers and other similar
(d) Improvements required to repair, replace and
maintain existing fixtures, applicances, plumbing and mechanical
fixtures, painting, carpeting and other similar items;
(e) Upgrades or addition of decorative items including
lights, window coverings, and other similar items.
3. All Permitted Capital Improvements items and costs shall
be approved by the APCHA staff prior to being added to the Maximum
Resale Price as defined herein.
CASELOAD SUMMARY SHEET
City of Aspen
DATE RECEIVED: 8 11 92 PARCEL ID AND CASE NO.
DATE COMPLETE: a 2737-074-01-417 A70-92
STAFF MEMBER: LL
PROJECT NAME: Aspen Electric Affordable Housings ubdivision,
Map Amendment GM S Exemption, Condominiumization
Project Address:090 Park Circle
Legal Address: Lot 3, Sunny Park North Subdivision
APPLICANT: Barry and Sharon Siegel
Applicant Address:
REPRESENTATIVE:Marsha Goshorn, Gold Key Services
Representative Address/Phone: 616 E. Hyman Avenue, Suite 102
Aspen, CO 81611 0-9275
--------------------------------------------------------------
--------------------------------------------------------------
FEES: PLANNING $ # APPS RECEIVED 10
ENGINEER $ # PLATS RECEIVED 10
HOUSING $
ENV. HEALTH $
TOTAL $ N/C
TYPE OF APPLICATION: STAFF APPROVAL: 1 STEP: 2 STEP: X
P&Z Meeting Date Z 2-
W I ( 3 -( yr
CC Meeting Date / D Z Co
DRC Meeting Date Am
Y �l
REFERRALS:
City Attorney y�
City Engineer
Housing Dir. Y
Aspen Water
City Electric
Envir.Hlth. �-
Zoning
DATE REFERRED:
FINAL ROUTING:
PUBLIC
HEARING• YES:
Y.
NO
VESTED
RIGHTS: YESI
NO
�_XE
PUBLIC
HEARING:
NO
VESTED
---------------------------------
---------------------------------
RIGHTS: YES
NO
Parks
Dept.
School District
Bldg
Inspector
Rocky Mtn NatGas
Fire
Marshal
CDOT
Holy
Cross
Clean Air Board
Mtn.
Bell
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ORDINANCE NO. 62
(SERIES OF 1992)
AN ORDINANCE OF THE ASPEN CITY COUNCIL GRANTING SUBDIVISION,
REZONING FROM MODERATE -DENSITY RESIDENTIAL PUD (R-15) TO AFFORDABLE
HOUSING (AH), GMQS EXEMPTION AND CONDOMINIUMIZATION, LOT 3, SUNNY
PARR NORTH SUBDIVISION, PARR AVENUE, ASPEN COLORADO
WHEREAS, pursuant to Sections 24-7-1004 and 24-7-1102 of the
Municipal Code the applicants, Barry and Sharon Siegel, have
submitted an application for a subdivision of Lot 3 Sunny Park
North Subdivision creating Lots 1 and 2 Aspen Electric Subdivision,
and a map amendment for rezoning Lot 1 from R-15 to AH; and
WHEREAS, pursuant to Section 24-8-104 of the Municipal Code, the
applicants seek a GMQS Exemption for the development of a fully
deed restricted triplex on Lot 1; and
WHEREAS, pursuant to Section 24-7-1007 of the Municipal Code, the
applicants wish to condominumize the triplex; and
WHEREAS, at a duly noticed Public Hearing held by the Aspen
Planning and Zoning Commission (hereinafter "Commission") on
September 22, 1992 to consider the subdivision, map amendment,
special review for parking and open space, and GMQS Exemption, the
Commission reviewed the application and considered the
representations and commitments made by the applicant; and
WHEREAS, the Commission found that the subdivision, rezoning and
GMQS Exemption application complied with Sections 24-8-104, 24-7-
1004 and 24-7-1102, are not in conflict with any applicable
portions of Chapter 24, are consistent with the elements of the
Aspen Area Comprehensive Plan, are compatible with surrounding zone
districts and land uses, are consistent and compatible with the
community character in the City of Aspen, and are in harmony with
the purpose and intent of Chapter 24 of the Municipal Code; and
WHEREAS, the Commission recommended, at their September 22, 1992
meeting, approval to the City Council of the subdivision of Lot 3,
Sunny Park North Subdivision, rezoning of Lot 1 Aspen Electric
Subdivision from R-15 PUD to AH and GMQS Exemption for the
development of a fully deed restricted triplex; and
WHEREAS, pursuant to Section 24-5-206.2, the Commission approved,
by special review, 2 parking spaces per unit and 47.5% open space
on the site; and
WHEREAS, the Aspen City Council, having considered the Planning and
Zoning Commission's recommendations, does wish to grant
subdivision, rezoning, and GMQS Exemption with conditions; and
WHEREAS, the Aspen City Council, having reviewed the application
does wish to grant condominiumization of the fully deed restricted
triplex with conditions.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ASPEN, COLORADO:
Section 1•
That it does hereby grant subdivision of Lot 3 Sunny Park North
Subdivision, Aspen Colorado and rezoning of the newly created
parcel (500 Park Circle) from R-15 PUD (moderate -density
residential) to AH (affordable housing) with the following
conditions:
1. Prior to the issuance of any building permits:
a. The applicant shall ensure that the slope stabilization is
adequate as determined by the City Engineer.
b. A final plat shall be reviewed and approved by the Engineering
Department. All easements created through this application shall
be established by a recorded easement agreement in addition to
indicating it on the plat. The plat shall include the book and
page of the recording.
c. The subdivision plat and subdivision agreement, to be reviewed
and approved by the Planning Department and City Attorney, shall
be filed within 180 days of final approval.
d. The applicant shall submit a drainage analysis, reflecting
future site drainage, performed by an engineer registered in the
State of Colorado to the engineering department.
e. The applicant shall sign a sidewalk construction agreement
prior to recording the plat, however a gravel pedestrian area shall
be provided at the time of construction to be approved by the
Engineering Department.
f. The applicant shall provide a six foot by six foot transformer
easement and a four foot by four foot pedestal easement on Lot 1
which shall be designated on the final plat.
2. Prior to final approval a revised site drawing must be approved
by the engineering department. The site drawing must include the
existing curb and gutter, and depict the existing Tailings
Condominium driveway.
3. All required utility extensions shall be located underground.
4. Each unit will be constructed in compliance with all applicable
uniform building code requirements and U.B.C. sound attenuation
codes as required.
5. The applicant shall adhere to the all representations made in
•
•
the application and during the review process.
Section 2:
That is does hereby grant GMQS Exemption for the development of a
fully deed restricted triplex with the following condition:
1. Deed restrictions shall be reviewed and approved by the Housing
Authority and Planning Department prior to the issuance of any
building permits for the three dwelling units.
2. The deed restrictions shall contain language enabling the
Siegel's right of first refusal when the units are for sale as long
as the Siegel's own their home on Lot 2 of the Aspen Electric
Subdivision orhis business, Aspen Electric.
Section 3:
That is does hereby grant condominiumization of the three
residential dwelling units with the following condition:
1. Prior to the sale of either unit, a condominium plat which
meets the requirements of Section 24-7-1004 D of the Municipal Code
and a Subdivision Exemption Agreement must be filed. The final
plat and agreement shall be reviewed and approved by the
Engineering and Planning Departments and the City Attorney.
Section 4:
The Official Zone District Map for the City of Aspen, Colorado,
shall be and is hereby amended to reflect those rezoning actions
as set forth in Section 1 above and such amendments shall be
promptly entered on the Official Map in accordance with Section
24-5-103B of the Municipal Code.
Section 5•
If any section, subsection, sentence, clause, phrase or portion of
this ordinance is for any reason held invalid or unconstitutional
by any court of competent jurisdiction, such provision and such
holding shall not affect the validity of the remaining portions
thereof.
Section 6:
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 7•
A public hearing on the Ordinance shall be held on the
•
•
day of October 26, 1992 at 5:00 P.M. in the City Council Chambers,
Aspen City Hall, Aspen Colorado, fifteen (15) days prior to which
hearing a public notice of the same shall be published one in a
newspaper of general circulation within the City of Aspen.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the
Cit Council of the City of Aspen on the i3 day of
1992.
JohA Bennett, Mayor
ATTEST:
4� 'V/�
Kathryn Koch, City Clerk
02
FINALLY, adopted, passed and approved this ftw day of
1992. a, 1, / 3, " 7-r .
John Bennett, Mayor
ATT, ST :
Kathryn KIKoch, City Clerk
4
MESSAGE DISPLAY
TO Bill Drueding
CC Diane Moore
From: Amy Margerum
Postmark: Oct 16,92 12:46 PM
CC Leslie Lamont
Subject: Forwarded: Barry Siegel
------------------------------------------------------------------------------
Comments:
From Amy Margerum:
Ok to pull excavation now at their own risk; not foundation.
Message:
From Leslie Lamont:
Margo and Bill Tuite will be calling you about Barry. He is pushing
to pull an excavation permit for next week - before second reading -
help Bill Drueding and I want to CYA if it is agreed by all parties
that he can pull an excavation permit. let's chat. ps where were
you last night? very interesting process!
MEMORANDUM
TO: Mayor and Council
THRU: Amy Margerum, City Manager
THRU: Diane Moore, City Planning Dire to
FROM: Leslie Lamont, Planning
RE: Aspen Electric - Subdivision, Rezoning, GMQS Exemption
and Condominiumization for a Fully Deed -Restricted
Triplex, First Reading Ordinance Cot Series of 1992
DATE: October 13, 1992
SUMMARY: The applicant's, Barry and Sharon Siegel, propose to
subdivide their property creating a 8,000 square foot parcel to be
rezoned to Affordable Housing (AH) for the purposes of building a
fully deed -restricted triplex.
The Siegel's are also pursuing a lot line adjustment with the
County owned Mascotte Lode in order to maintain a conforming lot
of record.
The Planning and Zoning Commission reviewed the application and
recommends to Council approval of the subdivision and rezoning for
the development of affordable housing.
Council shall review the subdivision and rezoning in addition to
a GMQS Exemption for the development of affordable housing.
BACKGROUND: As part of the comprehensive approach to the City's
housing dilemma, the City Council adopted Ordinance 59 establishing
an Affordable Housing Zone District (AH). The AH zone enables the
rezoning of land for the purposes of affordable housing.
The Siegel's would like to utilize the AH zone district to provide
housing for their employees of Aspen Electric.
CURRENT ISSUES: The Siegel's propose to subdivide their 18,320
square foot parcel to create a 8,000 square foot parcel for the
development of a fully deed restricted triplex. Currently, the
Siegel's single family home exists on the parcel. A lot line
adjustment with the County's Mascotte/99 Lode parcel is necessary
to maintain the 15,000 square foot minimum for the Siegel's parcel.
The Board of County Commissioners will review the lot line
adjustment at the October 13, 1992, Public Hearing. The
Commissioners have conceptually approved the adjustment, however
official action requires formal review of the application. This
application for subdivision will not become valid until the
Siegel's receive the lot line adjustment from the County.
The parcel sits atop a steep slope overlooking Park Avenue. The
Siegel's residence is on a flat bench on top of the hill and is
accessed off of Smuggler Mountain road via an easement from the
County. The land area that the Siegel's would like to subdivide
fronts Park Avenue at the bottom of the steep slope, please see
attachment B.
The vegetation consists of native grasses and weeds. Although
there are several trees on the site, there are no trees within the
proposed building envelope.
other than slope stabilization at the rear of the property, no
natural hazards, critical wildlife habitat or endangered vegetation
exist on the site. The boundary of the site abuts the EPA Smuggler
Superfund site. The applicant has contacted Tom Dunlop of the
Environmental Health Department to determine what precautions must
be adhered to during construction.
All public services are in place with the capacity to serve the
site. The site is within walking distance of downtown and is
served by a bus route within 1/2 a block.
The Smuggler neighborhood encompasses a variety of land uses.
Multi -family development is prevalent as are duplex, triplex and
single family homes. The land uses vary from intensity and
architectural styles. In addition, the site has excellent southern
exposure and views to the south.
The triplex will include two 2-bedroom units and one 4-bedroom
unit. The 2-bedroom units will be 840 square feet and restricted
to Category 2 price and income guidelines. The 4-bedroom unit will
be 1,656 square feet and restricted to Category 4 price and income
guidelines. A two car parking garage will be provided for each
unit.
This project has been designed to be consistent with several goals
and objectives that have been adopted by the City. The Aspen
Electric proposal helps to create a housing environment which is
dispersed, appropriately scaled to the neighborhood and affordable.
The project is creating employee housing ownership opportunities
for three families. This proposal is compatible with an important
characteristic of Aspen which is housing residents of varied income
levels in the same neighborhoods.
Required review includes subdivision, rezoning from R-15 PUD to AH,
GMQS Exemption for affordable housing, and condominiumization.
Please see attachments C for pertinent review standards.
0
RECOMMENDATION: The Planning and Zoning Commission recommends
approval of the subdivision and rezoning for the Aspen Electric
affordable housing triplex proposal with the following conditions:
1. Prior to the issuance of any building permits:
a. The applicant shall work with the Engineering Department to
ensure that the slope stabilization is adequate.
b. A final plat shall be reviewed and approved by the Engineering
Department. All easements created through this application shall
be established by a recorded easement agreement in addition to
indicating it on the plat. The plat shall include the book and
page of the recording.
c. The subdivision plat and subdivision agreement, to be reviewed
by the Planning Department and City Attorney, shall be filed within
180 days of final approval.
d. The applicant shall submit a drainage analysis performed by an
engineer registered in the State of Colorado to the engineering
department.
e. The applicant must sign a sidewalk construction agreement prior
to recording the plat, however a gravel pedestrian area shall be
provided at the time of construction to be approved by the
Engineering Department.
f. The applicant shall convey a six foot by six foot transformer
easement and a four foot by four foot pedestal easement which shall
be designated on the final plat.
g. The applicant shall contact the EPA in Denver if greater than
one cubic yard of soil is moved during excavation.
h. An excavation permit is required for any work in the public
right-of-way and the permit shall be approved by the Environmental
Health and Engineering Departments.
2. Prior to final approval a revised site drawing must be approved
by the engineering department. The site drawing must include the
existing curb and gutter, and depict the existing Tailings
Condominium driveway.
3. A multi -family dwelling serviced by a single sewer line shall
be serviced by a six inch diameter sewer line.
4. All required utility extensions shall be located underground.
5. Each unit will be constructed in compliance with all applicable
uniform building code requirements and U.B.C. sound attenuation
codes as required.
3
•
6. The subdivision of Lot 3 Sunny Park North Subdivision is not
valid until the applicant receives a lot line adjustment from the
Board of County Commissioners between Lot 3 Sunny Park North and
the County owned Mascotte/99 Lode.
7. The applicant shall adhere to the all representations made in
the application and during the review process.
The Planning and Zoning Commission also recommends approval of the
GMQS Exemption with the following condition:
1. Deed restrictions shall be reviewed and approved by the Housing
Authority and Planning Department prior to the issuance of any
building permits for the three dwelling units.
Staff recommends approval of the condominiumization of the Aspen
Electric triplex with the following condition:
1. Prior to the sale of either unit, a condominium plat which
meets the requirements of Section 24-7-1004 D of the Municipal Code
and a Subdivision Exemption Agreement must be filed. The final
plat and agreement shall be reviewed and approved by the
Engineering and Planning Departments and the City Attorney.
PROPOSED MOTION: "I move to approve the subdivision, rezoning and
GMQS Exemption for affordable housing for the Aspen Electric
Triplex with the conditions recommended by the Planning and Zoning
Commission."
"I move to approve the condominiumization of the Aspen Electric
Triplex with the conditions recommended in this memo."
"I move to read Ordinance ;q , Series of 1992."
"I move to approve Ordinance Series of 1992 on first reading."
CITY MANGER COMMENTS:
ATTACHMENTS:
A. Ordinance, Series of 1992
B. Site Plan and Maps
C. Standard Review Criteria
D. Referral Comments
n
•
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ORDINANCE NO. _
(SERIES OF 1992)
AN ORDINANCE OF THE ASPEN CITY COUNCIL GRANTING SUBDIVISION,
REZONING FROM MODERATE -DENSITY RESIDENTIAL PUD (R-15) TO AFFORDABLE
HOUSING (AH), GMQS EXEMPTION AND CONDOMINIUMIZATION, LOT 3, SUNNY
PARR NORTH SUBDIVISION, PARR AVENUE, ASPEN COLORADO
WHEREAS, pursuant to Sections 24-7-1004 and 24-7-1102 of the
Municipal Code the applicants, Barry and Sharon Siegel, have
submitted an application for a subdivision of Lot 3 Sunny Park
North Subdivision creating Lots 11'and 2 Aspen Electric Subdivision,
a map amendment for rezoning Lot 1 from R-15 to AH; and
WHEREAS, pursuant to --Section 24-8-104 of the Municipal Code, the
applicants seek a GMQS Exemption for the development of a fully
deed restricted triplex on Lot 1; and
WHEREAS, pursuant to Section 24-7-1007 of the Municipal Code, the
applicants wish to condominumize the triplex; and
WHEREAS, at a duly noticed Public Hearing held by the Aspen
Planning and Zoning Commission (hereinafter "Commission") on
September 22, 1992 to consider the subdivision, map amendment,
special review for parking and open space, and GMQS Exemption, the
Commission reviewed the application and considered the
representations and commitments made by the applicant; and
WHEREAS, the Commission found that the subdivision, rezoning and
GMQS Exemption application complied with Sections 24-8-104, 24-7-
1004 and 24-7-1102, is not in conflict with any applicable portions
of Chapter 24, is consistent with the elements of the Aspen Area
Comprehensive Plan, is compatible with surrounding zone districts
and land uses, is consistent and compatible with the community
character in the City of Aspen, and is in harmony with the purpose
and intent of Chapter 24 of the Municipal Code; and
WHEREAS, the Commission recommends approval to the City Council of
the subdivision of Lot 3, Sunny Park North Subdivision, rezoning
of Lot 1 Aspen Electric Subdivision from R-15 PUD to AH and GMQS
Exemption for the development of a fully deed restricted triplex;
and
WHEREAS, pursuant to Section 24-5-206.2, the Commission approved,
by special review, 2 parking spaces per unit and 47.5% open space
on the site; and
WHEREAS, the Aspen City Council, having considered the Planning and
Zoning Commission's recommendations, does wish to grant
subdivision, rezoning, and GMQS Exemption with conditions; and
WHEREAS, the Aspen City Council, having reviewed the application
does.wish to grant condominiumization of the fully deed restricted
triplex with conditions.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ASPEN, COLORADO:
Section 1•
That it does hereby grant subdivision of Lot 3 Sunny Park North
Subdivision, Aspen Colorado and rezoning of the newly created
parcel (500 Park Circle) from R-15 PUD (moderate -density
residential) to AH (affordable housing) with the following
conditions:
1. Prior to the issuance of any building permits:
-a-_ The applicant shall work with the Engineering Department to
ensure that the slope stabilization is adequate.
b. A final plat shall be reviewed and approved by the Engineering
Department. All easements created through this application shall
be established by a recorded easement agreement in addition to
indicating it on the plat. The plat shall include the book and
page of the recording.
c. The subdivision plat and subdivision agreement, to be reviewed
by the Planning Department and City Attorney, shall be filed within
180 days of final approval.
d. The applicant shall submit a drainage analysis performed by an
engineer registered in the State of Colorado to the engineering
department.
e. The applicant must sign a sidewalk construction agreement prior
to recording the plat and provide pedestrian area to be approved
by the Engineering Department.
f. The applicant shall convey a six foot by six foot transformer
easement and a four foot by four foot pedestal easement which shall
be designated on the final plat.
g. The applicant shall contact the EPA in Denver if greater than
one cubic yard of soil is moved during excavation.
h. An excavation permit is required for any work in the public
right-of-way and the permit shall be approved by the Environmental
Health Department.
2. Prior to final approval a revised site drawing must be approved
by the engineering department. The site drawing must include the
existing curb and gutter, and show the existing Tailings
Condominium driveway.
3. A multi -family dwelling serviced by a single sewer line shall
be serviced by a six inch diameter sewer line.
4. All required extensions shall be located underground.
5. Each unit will be constructed in compliance with all applicable
uniform building code requirements and U.B.C. sound attenuation
codes as required.
6. The subdivision of Lot 3 Sunny Park North Subdivision is not
valid until the applicant receives a lot line adjustment from the
Board of County Commissioners between Lot 3 Sunny Park North and
the County owned Mascotte/99 Lode.
7. The applicant shall adhere to the all representations made in
the application and during the review process.
section- 2: - - -
That is does hereby grant GMQS Exemption for the development of a
fully deed restricted triplex with the following condition:
1. Deed restrictions shall be reviewed and approved by the Housing
Authority and Planning Department prior to the issuance of any
building permits for the three dwelling units.
Section 3•
That is does hereby grant condominiumization of the three
residential dwelling units with the following condition:
1. Prior to the sale of either unit, a condominium plat which
meets the requirements of Section 24-7-1004 D of the Municipal Code
and a Subdivision Exemption Agreement must be filed. The final
plat and agreement shall be reviewed and approved by the
Engineering and Planning Departments and the City Attorney.
Section 4•
The Official Zone District Map for the City of Aspen, Colorado,
shall be and is hereby amended to reflect those rezoning actions
as set forth in Section 1 above and such amendments shall be
promptly entered on the Official Map in accordance with Section
24-5-103B of the Municipal Code.
Section 5•
That the City Clerk be and hereby is directed, upon the adoption
of this ordinance, to record a copy of this ordinance in the office
of the Pitkin County Clerk and Recorder.
Cartinn ��
If any section, subsection, sentence, clause, phrase or portion of
this ordinance is for any reason held invalid or unconstitutional
by any court of competent jurisdiction, such provision and such
holding shall not affect the validity of the remaining portions
thereof.
Section 7•
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 8:
--- A public hearing on the Ordinance shall be held on the
day of October 26, 1992 at 5:00 P.M. in the City Council Chambers,
Aspen City Hall, Aspen Colorado, fifteen (15) days prior to which
hearing a public notice of the same shall be published one 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
, 1992.
John Bennett, Mayor
ATTEST:
Kathryn S. Koch, City Clerk
FINALLY, adopted, passed and approved this day of
. 1992.
ATTEST:
Kathryn S.'Koch, City Clerk
4
John Bennett, Mayor
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ATTACHMENT C - Applicable Review -
I. Subdivision - In order to create a separate parcel for
rezoning to AH the applicants propose to subdivide their 18,320
square foot parcel creating a separate 8,000 square foot parcel.
Pursuant to Section 7-1004 C.1., the General Requirements for
subdivision are as follows:
1. (a) The proposed development shall be consistent with the
Aspen Area Comprehensive Plan.
RESPONSE: The Land Use Plan identifies this site as "Multi-
family". The proposal is a multi -family development permitted in
the AH zone district. The project is consistent with the Aspen
Area Comprehensive Plan because it is dispersing affordable housing
among the City's existing residential neighborhoods.
(b) The proposed subdivision shall be consistent with the
character of existing land uses in the area.
RESPONSE: The project is consistent with the character of the
neighborhood. The surrounding land uses are mixed residential
including adjacent high density multi -family.
(c) The proposed subdivision shall not adversely affect the
future development of surrounding areas.
RESPONSE: The proposed multi -family development is compatible with
surrounding development. The neighborhood is primarily comprised
of local oriented housing.
(d) The proposed subdivision shall be in compliance with all
applicable requirements of this chapter.
RESPONSE: This proposal is 100% deed restricted and is in
compliance with the AH zone district while not in conflict with
any other sections of the Land Use Code. The lot line adjustment
is necessary to maintain the 15,000 square foot minimum on the
Siegel parcel which is and will remain zoned R-15 PUD.
Pursuant to Section 7-1004 C. 2 - 5, the pertinent subdivision
requirements are as follows:
2. (a) Land Suitability - The proposed subdivision shall not
be located on land unsuitable for development because of
flooding, drainage, rock or soil creep, mudflow, rock
slide, 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: There are no natural hazards that exist on the site that
1
would endanger the welfare of future residents. The continues to
work with the Engineering Department to ensure that the slope
stabilization is adequate and the historic drainage patterns are
preserved.
(b) Spatial Pattern - 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: There are no unnecessary public costs associated with
this proposal. All utilities are available near the site.
According to the application, all public improvements to serve the
project will be borne by the applicant.
3 & 4. Improvements and Design Standards - following is a review
of the relevant subdivision standards:
(a) WATER - According to the application, water service will
be provided via the area's existing water mains. The City
water system has sufficient capacity to accommodate the
project for both domestic and fire protection needs.
(b) SEWER - The District collection line is located in Park
Circle and terminates in front of former lot 3 of the Sunny
Park Subdivision. Multi -family dwelling service by a single
service line must be serviced by a six inch diameter service
line.
(c) ELECTRIC, TELEPHONE, NATURAL GAS AND CABLE TV - All
required extensions will be located underground.
(d) EASEMENTS - Utility easements will be provided and will
be included in the subdivision agreement and depicted on the
final plat. In addition, a pedestrian access easement will
be provided for the stairs that ascend the slope to the Siegel
residence. From scaling off the drawing and comparing to the
plat of the subdivision, it appears the northwest corner of
the building is within the utility and access easement.
Lot two (Lot 3 Sunny Park North Subdivision) of the newly
subdivided lots must demonstrate that it has clear access to
the property, in the form of an access easement. This needs
to be indicated on the plat.
The applicant must obtain an easement from the Tailings
Condominium Association for access across their driveway.
A six foot by six foot utility transformer easement is
requested along the western property boundary, adjacent to the
existing location for placing the transformer out of the
pedestrian walkway. Additionally a four foot by four foot
pedestal easement is requested for the utility services to the
2
project.
(e) SIDEWALK, CURB, AND GUTTER - Section 19-98 of the
Municipal Code requires construction of sidewalks for new
construction in areas indicated on the adopted sidewalk, curb
and gutter plan, similar requirements of the land use code
notwithstanding. Since there are no existing sidewalks in the
near vicinity the City would like to reserve the right of
having the applicant install the sidewalks at a later date.
At a minimum, the applicant shall provide a flat, pedestrian
walking space with a minimum of 6 1/2 feet adjacent to the
curb of horizontal space and seven feet of vertical clearance
along the entire frontage.
The ideal streetscape design specifies a five foot buffer
space between the curb and the sidewalk. This may be varied
due to site condition or other landscape design proposals.
Given the existing grades, and depending on the final site
design and the possible need of retaining walls, the applicant
may prefer to locate the pedestrian space as close to the curb
as possible. In such event, the required width is six and a
half feet in order to accommodate opening doors of parked cars
and parking and traffic control signs.
(f) FIRE PROTECTION - The project is 4 1/2 minutes from the
fire department. The future required fire flow will dictate
the installation of a fire hydrant near the existing
structures. Each unit will be constructed in compliance with
all applicable uniform building code requirements.
(g) DRAINAGE - A drainage plan, complete with calculations
must be provided by an engineer registered in the State of
Colorado and submitted to the Engineering Department. If a
drywell is provided it must be maintained. The drainage
engineer must also certify that drainage structures have been
built as designed (prior to final inspection). Also, the
applicant should indicate how the existing street drainage is
to be maintained, but not necessarily included in the
calculations. The new curb and gutter must be designed and
constructed so that the adjacent property owners are not
affected.
(h) ROADS - Staff cannot approve a drawing showing off street
parking in the public right-of-way (R.O.W.). However, staff
will continue to work with the applicant for the site design.
The applicant may need to formally request a variance for the
driveway design as required in Section 19-102 of the Municipal
Code.
Any site work at this end of the project must be reviewed and
approved in writing by a representative of the Tailings
Condominium.
3
The City of Aspen is planning to pave the street this fall.
It would be mutually beneficial if the applicant could mark
the general location of the utility taps. By doing this we
can stop the paving in this area and prevent cutting newly
placed asphalt.
The applicant is advised that for any work in the public
R.O.W., i.e. curb and gutter, sidewalk, an excavation permit
is required. The work requires engineering department
approval on the design plan and the permit is administered by
the street department.
(i) Final Plat - The Subdivision plat needs to include:
a statement to the effect that title policy number
was used in preparation of this survey plat.
all access easements need to be platted and the book and
page recordation noted.
The final subdivision plat and agreement must be filed within
180 days of final approval.
II. Rezoning - The applicants propose to rezone a portion of
their property from R-15 PUD to AH. Pursuant to Section 7-1102
the standards of review for an amendment to the Official Zone
District Map are as follows:
a. Whether the proposed amendment is in conflict with any
applicable portions of this chapter.
RESPONSE: The proposed amendment is consistent with the purpose
of the recently adopted Affordable Housing Zone District which is
"to provide for the use of land for the production of low, moderate
and middle income affordable housing... units... The AH Zone District
is intended for residential use primarily by permanent residents
of the Community... Lands in the AH Zone District should be
scattered throughout the City to ensure a mix of housing types,
including those which are affordable by its working
residents... lands in the AH Zone District should be located within
walking distance of the center of the City, or on transit routes."
b. Whether the proposed amendment is consistent with all
elements of the Aspen Area Comprehensive Plan.
RESPONSE: The various elements of the Aspen Area comprehensive
Plan lists several goals that are relevant to this proposal. As
described in the application those goals are: to create a housing
environment which is dispersed, appropriately scaled to the
neighborhoods and affordable; to preserve and maintain the existing
character of the community; the community should collectively
4
address and resolve its issues and problems by considering the
interest of all its citizen; and to create a creative non -auto
oriented public, mass transportation system which integrates
pedestrian and bike trails system with community facilities and
services.
The development of private sector -initiated affordable housing
units, through the Affordable Housing Zone District, is an
appropriate approach to dispersed housing development. The
proposal is within scale of the surrounding community in order to
preserve the character of the neighborhood. Affordable home
ownership integrated within the community takes advantage of local
services, bus and bike routes and proximity to most places of
employment.
C. Whether the proposed amendment is compatible with
surrounding Zone Districts and land uses, considering existing
land use and neighborhood characteristics.
RESPONSE: This project site is bordered by a mixture of multi-
family and single family homes.
d. The effect of the proposed amendment on traffic generation
and road safety.
RESPONSE: Within the AH zone, parking is established by Special
Review. The applicant proposes a two car garage for each unit thus
eliminating on -street parking on the south side of Park Circle.
The housing is proposed within a 1/2 block of the Hunter
Creek/Centennial transit route and is within 10 walking minutes of
downtown.
This proposal will provide two spaces per unit.
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: Based upon the Housing Guidelines, the development
should house approximately 7.5 residents. There are existing
utilities on the site or proximate to the site which have the
capacity to service the development.
f. Whether and the extent to which the proposed amendment
would result in significantly adverse impacts on the natural
environment.
RESPONSE: The site is gently sloping. Native wild flowers and
weeds inhabit the proposed building envelope.
5
g. Whether the proposed amendment is consistent and
compatible with the community character in the City of Aspen.
RESPONSE: Affordable resident housing has historically been
interspersed throughout Aspen's neighborhoods. The proposal is
compatible with the character of the immediate neighborhood which
has a long history of housing many local residents both rental and
owner occupied. The development is also consistent with the
various goals and programs that the City has been working on to
effectively preserve the local nature of town and provide housing
for working residents.
h. Whether there have been changed conditions affecting the
subject parcel or the surrounding neighborhood which support
the proposed amendment.
RESPONSE: The Smuggler neighborhood consists of free market and
affordable housing. Affordable housing throughout the City has
been largely replaced with second homes priced far beyond the reach
of the majority of the employees in town. The AH Zone District is
one avenue available for the public and private sectors to address
the community's housing problems. This rezoning is proposed as an
attempt to develop new affordable housing integrated into the
community.
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: The amendment is consistent with established public
policy. As early as the 1973 Land Use Plan the development of
employee housing was a goal of the community. As was discussed
above, many plans and policies have been developed to facilitate
the provision of affordable local housing for the community. The
private sector is being requested to become more actively involved
in the planning and development of affordable housing. Aspen
Electric development will illustrate, in real terms, how the AH
zone works for the benefit of both private and public sectors. It
will hopefully encourage other private sector development of
affordable housing.
III. GMQS Exemption - Pursuant to Section 24-8-104. C., the
development of deed restricted housing may be exempt from Growth
Management by the City Council.
The applicants propose 3 fully deed restricted dwelling units. Two
840 square foot 2-bedroom, 2-bath units will be deed restricted to
Category 2 price and income guidelines. The 1,656 square foot 3-
bedroom, 2-bath unit will be restricted to Category 4 price and
income guidelines. The Aspen/Pitkin County Housing Authority has
reviewed the proposal and commends the Siegels for stepping forward
6
to assist in the development of housing for permanent residences
of Pitkin County.
IV. Condominiumization - Pursuant to Section 24-7-1007 of the
Municipal Code the following criteria shall be considered for
condominiumization of a residential property:
a. Existing tenants must be notified that the units are for sale.
There are no existing tenants as this is a newly constructed
building.
b. Minimum lease period restricted to six month minimum leases,
with no more than two shorter tenancies per year. The deed
restrictions that are required as a condition for the affordable
housing included rental restrictions.
c. Affordable Housing Impact Fee. The units will be deed
restricted for affordable housing.
d. Inspection of the proposed condominium by the Building
Department. An inspection is not applicable at this time, however
throughout the construction process the building has been inspected
by the Building Department. The project will be subject to a final
inspection pursuant to the issuance of a Certificate of Occupancy.
7
ATTACHMENT D II.
i., SEA' 1 41992
MEMORANDUM
u'._ -._ .....
To: Leslie Lamont, Planning Office
From: Rob Thomson, Project Engineer( R�- t
Date: September 14, 1992
Re: Aspen Electric Affordable Housing Subdivision
Having reviewed the above application, a revised drawing faxed to the City 9/10/92, and
having made a site inspection, the engineering department has the following comments:
1. The application stated that an on -site drainage analysis has been performed. The
drainage plan, complete with calculations must be provided by an engineer
registered in the State of Colorado and submitted to the engineering department.
If a drywell is provided it must be maintainable. The drainage engineer must also
certify that drainage structures have been. built as designed (prior to final
inspection). Also, how the existing street drainage is to be maintained, must be
addressed but not necessarily included in the calculations. The new curb and gutter
must be designed and constructed so that the adjacent property owners are not
affected.
2. Lot two of the subdivided lots must demonstrate that it has clear access to the
property, in the form of an access easement This needs to be indicated on the
plat.
3. The applicant must demonstrate that it has clear access across the Tailings Condo's -
driveway, in the form of an access easement.
4. From scaling off the drawing and comparing to the plat of the subdivision, it
appears the northwest corner of the building is within the utility and access
easement.
5. According to the most recent EPA Superfund cleanup map, and a conversation with
Tom Dunlop the Environmental Health Offi;er, the property is not in the cleanup
site. However, everything west of the western property boundary is, which is public
right-of-way. For any work in the public right-of-way the applicant must obtain an
excavation permit which will have to be approved by the environmental health
office. The applicant is advised to contact the EPA directly for information
regarding work in the cleanup site.
6. The revised driveway plan is unacceptable. Staff cannot approve a drawing showing
off street parking in the public right-of-way (R.O.W.). The curb and gutter
alignment must be moved towards the property line to a distance ten feet from the
property line, with a twenty degree transition to the existing curb and gutter. The
new curb and gutter line needs to be long enough to accommodate the two
driveways, an 18 1/2 foot street parking place, 25 feet separation from the tailings
driveway, and separation between the two driveways. The radius on the south end
appears to end up in the tailings driveway, this needs to be revised. Any site work
at this end of the project must be reviewed and approved in writing by a
representative of the Tailings Condominium. Staff will continue to work with the
applicant for the site design. However, the applicant needs to formally request a
variance for the driveway design as required in Section 19-102 of the Municipal
Code.
7. The Subdivision plat needs to include:
a statement to the effect that ..... title policy number was used in
preparation of this survey plat.
all access easements need to be platted and the book and page recordation
noted.
8. A condominium map must be prepared and submitted to the engineering
department for review prior to recordation.
9. Section 19-98 of the Municipal Code requires construction of sidewalks for new
construction in areas indicated on the adopted sidewalk, curb and gutter plan,
similar requirements of the land use code notwithstanding. Since there are no
existing sidewalks in the near vicinity the City would like to reserve the right of
having the applicant install the sidewalks at a later date. At a minimum, the
applicant shall provide a flat, pedestrian walling space with a minimum of 6 1/2
feet adjacent to the curb of horizontal space and seven feet of vertical clearance
along the entire frontage.
The ideal streetscape design specifies a five foot buffer space between the curb and
the sidewalk. This may be varied due to site condition or other landscape design
proposals. Given the existing grades, and depending on the final site design and
the possible need of retaining walls, the applicant may prefer to locate the
pedestrian space as close to the curb as possible. in such event, the required width
is six and a half feet in order to accommodate opening doors of parked cars and
parking and traffic control signs.
10. A six foot by six foot utility transformer easement is requested along the western
property boundary, adjacent to the existing location for placing the transformer out
of the pedestrian walkway. Additionally a four foot by four foot pedestal easement
is requested for the utility services to the project.
11. The City of Aspen is planning to pave the street this fall. It would bc_ mutually
beneficial if the applicant could mark the general location of the utility taps. By
doing this we can stop the paving in this area and prevent cutting newly placed
asphalt.
12. The applicant is advised that for any work in the public R.O.W., i.e. curb and
gutter, sidewalk, an excavation permit is required. The work requires engineering
department approval on the design plan and the permit is administered by the
street department.
Recommended Conditions of Approval
1. All easements created through this application must be .established by a recorded
easement agreement in addition to indicating it on the plat. The plat shall include
the book and page of the recording.
2. The applicant must sign a sidewalk construction agreement prior to recording the
plat and provide pedestrian area as described above.
3. A condominium map must be prepared and submitted to the engineering
department for review prior to recordation. Included on the map must be a
statement that the owners of the condominium must agree to join any improvement
districts formed for the purposes of constructing improvements in the public right-
of-way.
4. The applicant must submit a drainage analysis performed by an engineer registered
in the State of Colorado to the engineering department. This should be completed
prior to the issuance of a building permit.
S. Prior to final approval a revised site drawing must be approved by the engineering
department. The site drawing must include the existing curb and gutter, and show
the existing Tailings Condominium driveway.
6. The applicant convey a six foot by six foot transformer easement and a four foot
by four foot pedestal easement.
cc Chuck Roth, City Engineer
CASELOAD92-021
MEMORANDUM
TO: Leslie Lamont, Planning Office
FROM: Tom Baker, Executive Director
DATE: August 15, 1992
RE: Aspen Electric Affordable Housing Subdivision, Map
Amendment, GMQS Exemption, and Condominiumization Special
Review
SUMMARY:-- The Housing- Office would like to commend Barry and Sharon _
Siegel for his affordable. housing proposal. The Siegels have
proposed a 100% affordable housing, three unit proposal:
1 category #4 three -bedroom, two bath (1,656 sf), two car
garage (816 sf); and
2 category #2 two -bedroom, two bath (840 sf), two car garage
(500 sf) .
This proposal embodies a number of the community's goals: small
scale development on scattered parcels throughout the town; family
oriented, ownership units; private sector initiative using public
sector incentives.... The Housing Office has no recommendation for
changes to the housing component of this proposal.
Thank you Barry and Sharon Siegel.
r.siegel
•
CITS
130
aspe
August 19, 1992
•
PEN
III
Marci a L. Goshorn
Gold Key Service
616 E. Hyman -Avenue, Suite 102
Aspen, Co 8161.1
SUBJECT: Aspen Electric Employee Housing
Gear Marcia:
The City of Aspen Water Department -does have the capacity to
serve the proposed development at 500 Park Circle. There is a 6'
C. I. mai n I ocated on Park Ci rcl e that has cuff i ci ent vol umer, and
flows to provide domestic water to the proposed building.
AI I desi gn, materi al and construct on shal I "be i n. accordance wi th
the establ i shed standards of the Ci ty of Aspen. Waiver of tap
fees will have to be approved by City Council.
Si ncerel y,
Judy Mc:Kenzi e, Customer Servi ce Super vi ,or
Ci ty of ;aspen, Water Department
cc: I_esl i e Lamont, I'll an;,i ,;q Of i i ,_e
Larry l;._:fI I er1CJr r, W'•r;t Superi [it r,_"E .t
Aspen Consolidated Sanitation l�istvict � SEp
p 565 NorthMill Street I �= '
'�xAspen, Col.orado 81611
Tele. (303) 925-3601 F'AX #(303) 925-2537
Sy Kelly -Chairman Albert Bishop
John J. Snyder -Treas. Frank. Loushin
Louis Popish - Secy. = Y r _ Bruce_Matherly,-Mgr. 'e
l•.i;t:='# 5- . _ 'rsfilFt y c?-.. ".,t1 a°eai'o'X�t.,4�'^'-� •�,. F t
September 9,1992
e{ 'ati,.• q.!fV�+�Ai� L9���7r,^�' �t Es� "`..h • `��.�s��1��. rS _ :� �r1�3'�5` f� 'F" .tom',
Les l i e Lamont y ,.rtir,H. F1�ysr-,`
Planning.' Office _
- :.130"rS.._Galena�':c*� �'- , r.-"� �:«� �f ,
Re Aspen Electric, Affordable Housing` t}�� y"
ar.ticEfi: i r�E' r s stzx,Fb. stchi �a �" 4nx t. ti ��xtr� Of
..-� ,,rfnxes'' `•-i'eT-�r.*�+:'':"'?j s'4'z$tr�`fil �,.cf(�is.75r�A �f✓"""' M
Dear¢�-es l i e:h j .• .
.. - se^ .fy ?G SM`}, t G,< A� `' .: .,.+f�� y'�":ssi .}< t%Pti•L -'i u Y{`� ''7=r'4'�iv S f Y 't 'r
Thd,,, ,Aspen ConsoI i,.da end. Sanftation uDis r3�ct�curren '1 asp
F� :suff ctenticol:lectioncand_treatment capac_ty,to provids se e
MW
_74, for the';. prapased Aspen `E1 cti�ic Subdivision � T'he� is
col_.a;ection trine., is `locatedZ1nF�.ar.k Circle and terminates in ,f.ront
of -former: lot .:3 ofl;the _Sunny Park Subdivision "Mulaifaini_-ly
dwellings serviced by':a-singl;e,�service Iine;,;must be serviced -.by,< -.a
six inch diameter service line.. ^'
In order to obtain service from the District the applicant must
comply with the District's Rules and Regulations and Line
Specifications both ofwhich are on file at the District office.
Once detailed plans for the development become available and are
submitted to the District office, we will be able to estimate the
total connection charges and issue a tap permit. An impact fee
may be charged in addition to our regular fees in order to
address a downstream constraint.
Please call if you need any further information.
Sincerely,
Bruce Matherly
District Manager
EPA AWARDS Or EXCELLENCE
1976 - 1986 - 1990
REGIONAL AND NATIONAL
@w4e,w, 4"Clt-�"-g"ep�'�
WAYNE L. VANDEMARK, FIRE MARSHAL
420 E. HOPKINS AVENUE
ASPEN, COLORADO 81611
(303) 925-2690
TO: Leslie Lamont, Planning Office
FROM: Wayne Vandemar}re Marshal
RE: Aspen Electric Affordable Housing Subdivision, Map
- Amendment, GMQS Exemption & Condominiumization Special
Review
DATE: August 17, 1992
We have reviewed the application submitted by Barry & Sharon
Siegel. The site is four and one half minutes from fire department
headquarters. The distance is 1.1 mile. The future required fire
flow will dictate the installation of a fire hydrant near the
existing structures.
•
•
MEMORANDUM
TO: Aspen Planning and Zoning Commission
FROM: Leslie Lamont, Planner
RE: Aspen Electric Map Amendment, Subdivision, and Special
Review for a Fully Deed Restricted Triplex
DATE: September 22, 1992
SUMMARY: Barry and Sharon Siegel propose to subdivide a portion
of their property, rezone the newly created parcel from R-15 PUD
to Affordable Housing (AH) and develop a fully deed restricted
triplex.
This is a two step process. The Commission will first review the
subdivision and rezoning in addition to Special Review for open
space and parking as required for the AH zone district.
Recommendations from the Commission to Council regarding
subdivision, rezoning and GMQS Exemption for affordable housing
will be forwarded for Council's review.
The County P&Z will review a lot line adjustment between the
Siegel's property and the County owned Mascotte Lode in order to
maintain a conforming lot of record.
Attached for your review is the full application submitted by the
applicant.
Staff recommends approval of this application.
APPLICANT: Barry and Sharon Siegel as represented by Marcia
Goshorn
LOCATION: Lot 3, Sunny Park North Subdivision, Park Circle, Aspen,
Colorado, 81611
ZONING: R-15 PUD
APPLICANT'S REQUEST: Subdivision to create a new residential
parcel, amend the Official Zone District map, and Special Review
for open space and parking.
REFERRAL COMMENTS: Referral Comments are attached to the memo.
Please see Attachment A.
STAFF COMMENTS:
A. Background - As part of the comprehensive approach to the
City's housing dilemma, the City Council adopted Ordinance 59
establishing an Affordable Housing Zone District (AH). The AH zone
enables the rezoning of land for the purposes of affordable
•
housing.
The Siegel's would like to utilize the AH zone district to provide
housing for their employees of Aspen Electric.
The Siegel's propose to subdivide their 18,320 square foot parcel
to create a 8, 000 square foot parcel for the development of a fully
deed restricted triplex. Currently, the Siegel's single family
home exists on the parcel. A lot line adjustment with the County's
Mascotte/99 Lode parcel is necessary to maintain the 15,000 square
foot minimum for the Siegel's parcel.
B. site Description - Lot 3 of Sunny Park North Subdivision is
18,320 square feet. The parcel sits atop a steep slope overlooking
Park Avenue. The Siegel's residence is on a flat bench on top of
the hill and is accessed off of Smuggler Mountain road via an
easement from the County. The land area that the Siegel's would
like to subdivide fronts Park Avenue at the bottom of the steep
slope and is relatively flat.
The vegetation consists of native grasses and weeds. Although
there are several trees on the site there are no trees within the
proposed building envelope.
Other than slope stabilization at the rear of the property, no
natural hazards, critical wildlife habitat or endangered vegetation
exist on the site. The boundary of the site abuts the EPA Smuggler
Superfund site. The applicant has contacted Tom Dunlop of the
Environmental Health Department to determine what precautions must
be adhered to during construction.
All public services are in place with the capacity to serve the
site. The site is within walking distance of downtown and is
served by a bus route within 1/2 a block.
The Smuggler neighborhood encompasses a variety of land uses.
Multi -family development is prevalent as are duplex, triplex and
single family homes. The land uses vary from intensity and
architectural styles. In addition, the site has excellent southern
exposure and views to the south.
C. Project Summary - The applicant proposes to construct a
triplex on a 8,000 square foot parcel with two 2-bedroom units and
one 4-bedroom unit. The 2-bedroom units will 840 square feet and
restricted to Category 2 price and income guidelines. The 4-
bedroom unit will be 1,656 square feet and restricted to Category
4 price and income guidelines. A two car parking garage will be
provided for each unit.
This project has been designed to be consistent with several goals
and objectives that have been adopted by the City. The Aspen
Electric proposal helps to create a housing environment which is
2
dispersed, appropriately scaled to the neighborhood and affordable.
The project is creating employee housing ownership opportunities
for three families. This proposal is compatible with an important
characteristic of Aspen which is housing residents of varied income
levels in the same neighborhoods.
D. Applicable Review -
I. Subdivision - In order to create a separate parcel for
rezoning to AH the applicants propose to subdivide their 18,320
square foot parcel creating a separate 8,000 square foot parcel.
Pursuant to Section 7-1004 C.l., the General Requirements for
subdivision are as follows:
1. (a) The proposed development shall be consistent with the
Aspen Area Comprehensive Plan.
RESPONSE: The Land Use Plan identifies this site as "Multi-
family". The proposal is a multi -family development permitted in
the AH zone district. The project is consistent with the Aspen
Area Comprehensive Plan because it is dispersing affordable housing
among the City's existing residential neighborhoods.
(b) The proposed subdivision shall be consistent with the
character of existing land uses in the area.
RESPONSE: The project is consistent with the character of the
neighborhood. The surrounding land uses are mixed residential
including adjacent high density multi -family.
(c) The proposed subdivision shall not adversely affect the
future development of surrounding areas.
RESPONSE: The proposed multi -family development is compatible with
surrounding development. The neighborhood is primarily comprised
of local oriented housing.
(d) The proposed subdivision shall be in compliance with all
applicable requirements of this chapter.
RESPONSE: This proposal is 100% deed restricted and is in
compliance with the AH zone district while not in conflict with
any other sections of the Land Use Code. The lot line adjustment
is necessary to maintain the 15,000 square foot minimum on the
Siegel parcel which is and will remain zoned R-15 PUD.
Pursuant to Section 7-1004 C. 2 - 5, the pertinent subdivision
requirements are as follows:
2. (a) Land Suitability - The proposed subdivision shall not
be located on land unsuitable for development because of
flooding, drainage, rock or soil creep, mudflow, rock
3
•
•
slide, 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: There are no natural hazards that exist on the site that
would endanger the welfare of future residents. However, the
applicant shall work with the Engineering Department to ensure that
the slope stabilization is adequate and the historic drainage
patterns are preserved.
(b) Spatial Pattern - 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: There are no unnecessary public costs associated with
this proposal. All utilities are available near the site.
According -to the application, all public improvements to serve the
project will be borne by the applicant.
3 & 4. Improvements and Design Standards - following is a review
of the relevant subdivision standards:
(a) WATER - According to the application, water service will
be provided via the area's existing water mains. The City
water system has sufficient capacity to accommodate the
project for both domestic and fire protection needs.
(b) SEWER - The District collection line is located in Park
Circle and terminates in front of former lot 3 of the Sunny
Park Subdivision. Multi -family dwelling service by a single
service line must be serviced by a six inch diameter service
line.
(c) ELECTRIC, TELEPHONE, NATURAL GAS AND CABLE TV - All
required extensions will be located underground.
(d) EASEMENTS - Utility easements will be provided and will
be included in the subdivision agreement and depicted on the
final plat. In addition, a pedestrian access easement will
be provided for the stairs that ascend the slope to the Siegel
residence. From scaling off the drawing and comparing to the
plat of the subdivision, it appears the northwest corner of
the building is within the utility and access easement.
Lot two (Lot 3 Sunny Park North Subdivision) of the newly
subdivided lots must demonstrate that it has clear access to
the property, in the form of an access.easement. This needs
to be indicated on the plat. Possible nordic and trail
easements appear to be clouded. The applicant will work with
Engineering and Planning to resolve these issues before final
4
approval.
The applicant must demonstrate that it has clear access across
the Tailings Condo's driveway, in the form of an access
easement.
A six foot by six foot utility transformer easement is
requested along the western property boundary, adjacent to the
existing location for placing the transformer out of the
pedestrian walkway. Additionally a four foot by four foot
pedestal easement is requested for the utility services to the
project.
(e) SIDEWALK, CURB, AND GUTTER - Section 19-98 of the
Municipal Code requires construction of sidewalks for new
construction in areas indicated on the adopted sidewalk, curb
and gutter plan, similar requirements of the land _use code
notwithstanding. Since there are no existing sidewalks in the
near vicinity the City would like to reserve the right of
having the applicant install the sidewalks at a later date.
At a minimum, the applicant shall provide a flat, pedestrian
walking space with a minimum of 6 1/2 feet adjacent to the
curb of horizontal space and seven feet of vertical clearance
along the entire frontage.
The ideal streetscape design specifies a five foot buffer
space between the curb and the sidewalk. This may be varied
due to site condition or other landscape design proposals.
Given the existing grades, and depending on the final site
design and the possible need of retaining walls, the applicant
may prefer to locate the pedestrian space as close to the curb
as possible. In such event, the required width is six and a
half feet in order to accommodate opening doors of parked cars
and parking and traffic control signs.
(f) FIRE PROTECTION - The project is 4 1/2 minutes from the
fire department. The future required fire flow will dictate
the installation of a fire hydrant near the existing
structures. Each unit will be constructed in compliance with
all applicable uniform building code requirements.
(g) DRAINAGE - A drainage plan, complete with calculations
must be provided by an engineer registered in the State of
Colorado and submitted to the Engineering Department. If a
drywell is provided it must be maintained. The drainage
engineer must also certify that drainage structures have been
built as designed (prior to final inspection). Also, the
applicant should indicate how the existing street drainage is
to be maintained, but not necessarily included in the
calculations. The new curb and gutter must be designed and
constructed so that the adjacent property owners are not
affected.
5
(h) ROADS - The revised driveway plan is unacceptable. Staff
cannot approve a drawing showing off street parking in the
public right-of-way (R.O.W.). However, staff will continue
to work with the applicant for the site design.
The curb and gutter alignment must be moved towards the
property line to a distance ten feet from the property line,
with a twenty degree transition to the existing curb and
gutter. The new curb and gutter line needs to be long enough
to accommodate the two driveways, an 18 1/2 foot street
parking place, 25 feet separation from the tailings driveway,
and separation between the two driveways. The radius on the
south end appears to end up in the tailings driveway, this
needs to be revised. Any site work at this end of the project
must be reviewed and approved in writing by a representative
of the Tailings Condominium. __However, the applicant needs
to formally request a variance for the driveway design as
required in Section 19-102 of the Municipal Code.
The City of Aspen is planning to pave the street this fall.
It would be mutually beneficial if the applicant could mark
the general location of the utility taps. By doing this we
can stop the paving in this area and prevent cutting newly
placed asphalt.
The applicant is advised that for any work in the public
R.O.W., i.e. curb and gutter, sidewalk, an excavation permit
is required. The work requires engineering department
approval on the design plan and the permit is administered by
the street department.
(i) Final Plat - The Subdivision plat needs to include:
° a statement to the effect that title policy number
was used in preparation of this survey plat.
all access easements need to be platted and the book and
page recordation noted.
The final subdivision plat and agreement must be filed within
180 days of final approval.
II. Rezoning - The applicants propose to rezone a portion of
their property from R-15 PUD to AH. Pursuant to Section 7-1102
the standards of review for an amendment to the Official Zone
District Map are as follows:
a. Whether the proposed amendment is in conflict with any
applicable portions of this chapter.
RESPONSE: The proposed amendment is consistent with the purpose
n.
of the recently adopted Affordable Housing Zone District which is
"to provide for the use of land for the production of low, moderate
and middle income affordable housing... units... The AH Zone District
is intended for residential use primarily by permanent residents
of the Community... Lands in the AH Zone District should be
scattered throughout the City to ensure a mix of housing types,
including those which are affordable by its working
residents... lands in the AH Zone District should be located within
walking distance of the center of the City, or on transit routes."
b. Whether the proposed amendment is consistent with all
elements of the Aspen Area Comprehensive Plan.
RESPONSE: The various elements of the Aspen Area comprehensive
Plan lists several goals that are relevant to this proposal. As
described in the application those goals are: to create a housing
environment which is dispersed, appropriately scaled to the
neighborhoods and affordable; to preserve and maintain the existing
character of the community; the community should collectively
address and resolve its issues and problems by considering the
interest of all its citizen; and to create a creative non -auto
oriented public, mass transportation system which integrates
pedestrian and bike trails system with community facilities and
services.
The development of private sector -initiated affordable housing
units, through the Affordable Housing Zone District, is an
appropriate approach to dispersed housing development. The
proposal is within scale of the surrounding community in order to
preserve the character of the neighborhood. Affordable home
ownership integrated within the community takes advantage of local
services, bus and bike routes and proximity to most places of
employment.
C. Whether the proposed amendment is compatible with
surrounding Zone Districts and land uses, considering existing
land use and neighborhood characteristics.
RESPONSE: This project site is bordered by a mixture of multi-
family and single family homes.
d. The effect of the proposed amendment on traffic generation
and road safety.
RESPONSE: Within the AH zone, parking is established by Special
Review. The applicant proposes a two car garage for each unit thus
eliminating on -street parking on the south side of Park Circle.
The housing is proposed within a 1/2 block of the Hunter
Creek/Centennial transit route and is within 10 walking minutes of
downtown.
This proposal is intended to provide two spaces per unit.
rA
•
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: Based upon the Housing Guidelines, the development
should house approximately 7.5 residents. There are existing
utilities on the site or proximate to the site which have the
capacity to service the development.
f. Whether and the extent to which the proposed amendment
would result in significantly adverse impacts on the natural
environment.
RESPONSE: The site is gently sloping. Native wild flowers and
weeds inhabit the proposed building envelope.
g. Whether the proposed amendment is consistent and
compatible with the community character in the City of Aspen.
RESPONSE: Affordable resident housing has historically been
interspersed throughout Aspen's neighborhoods. The proposal is
compatible with the character of the immediate neighborhood which
has a long history of housing many local residents both rental and
owner occupied. The development is also consistent with the
various goals and programs that the City has been working on to
effectively preserve the local nature of town and provide housing
for working residents.
h. Whether there have been changed conditions affecting the
subject parcel or the surrounding neighborhood which support
the proposed amendment.
RESPONSE: The Smuggler neighborhood consists of free market and
affordable housing. Affordable housing throughout the City has
been largely replaced with second homes priced far beyond the reach
of the majority of the employees in town. The AH Zone District is
one avenue available for the public and private sectors to address
the community's housing problems. This rezoning is proposed as an
attempt to develop new affordable housing integrated into the
community.
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: The amendment is consistent with established public
policy. As early as the 1973 Land Use Plan the development of
employee housing was a goal of the community. As was discussed
n.
above, many plans and policies have been developed to facilitate
the provision of affordable local housing for the community. The
private sector is being requested to become more actively involved
in the planning and development of affordable housing. Aspen
Electric development will illustrate, in real terms, how the AH
zone works for the benefit of both private and public sectors. It
will hopefully encourage other private sector development of
affordable housing.
III. Special Review - The Affordable Housing zone district
requires Special Review for establishing off-street parking and
open space.
a) Parking - The development will provide 2 off-street
parking spaces per dwelling unit for a total of six parking spaces
for three units. The AH zone has set a maximum of 2 parking spaces
per dwelling unit.
b) Open Space - Approximately 3,831 square feet of open space
is being provided or 47.5% of the site.
IV. GMQS Exemption - Pursuant to Section 24-8-104, before any
proposed development can be considered for exemption by the City
Council, an application for exemption shall be forwarded to the
Planning and Zoning Commission for review and recommendation at a
hearing.
The applicants propose 3 fully deed restricted dwelling units. Two
840 square foot 2-bedroom, 2-bath units will be deed restricted to
Category 2 price and income guidelines. The 1,656 square foot 3-
bedroom, 2-bath unit will be restricted to Category 4 price and
income guidelines. The Aspen/Pitkin County Housing Authority has
reviewed the proposal and commends the Siegels for stepping forward
to assist in the development of housing for permanent residences
of Pitkin County.
RECOMMENDATION: Staff recommends approval of subdivision,
rezoning, and special review for parking and open space for the
Aspen Electric affordable housing triplex proposal with the
following conditions:
1. Prior to the issuance of any building permits:
a. The applicant shall work with the Engineering De m
ment t
ensure that the slope stabilization is adequate. ) tW
b. A final plat shall be reviewed and approved by the Engineering
Department. All easements created through this application shall
be established by a recorded easem n agreement in addition to
indicating it on the plat. The plat, shall include the book and
page of the recording. \V
9
4 .
C. The subdivision plat and subdivision agreement, to be reviewed
by the Planning Department and City Attorney, shall be filed within
180 days of final approval.
d. The applicant shall submit a drainage analysis performed by an
engineer re i tez in the -Sta e of Co ado to th en sneering
department. 7 ,
e. The applicant must sign a sidewalk constructio agreement prior
to recording the plat and provide pedestrian area to be approved
by the Engineering Department.
f. The applicant shall convey a six foot by six foot transformer-tj /
easement and a four foot by four foot pedestal easement which s a 1
be designated on the final plat.w w` oM
,g. The applicant shall contact the EPA -in Denver if greater than
one cubic yard of soil is moved during excavation.
h. An excavation permit is required for any work in the public
right-of-way and the permit shall be approved by the Environmental
Health Department.
2. Pr' r to final approval a revised site drawing must be approved
by a engineering department. The site drawing must include the
fisting curb and gutter, and show the existing Tailings
Prior to finaTrapproval the applicant shall work with the
gineering and Planning Departments to resolve nordic and
pedestrian easement issues.
4. A multi -family dwelling serviced by a single sewer line shall
be serviced by a six inch diameter sewer line.
5. All required extensions shall be located underground.
6. Each unit will be constructed in com liance with all applicable
uniform building code requirements
7. The applicant shall adhere to the all representations made in
the application and during the review process.
Staff also recommends approval to Council of the GMQS Exemption
with the following condition:
1. Deed restrictions shall be reviewed and approved by the Housing
Authority and Planning Department prior to the issuance of any
building permits for the three dwelling units.
RECOMMENDED MOTION: "I move to recommend approval to Council of
the subdivision, rezoning, and GMQS Exemption for the development
of three fully deed restricted dwelling units at 500 Park Circle
10
•
•
with the conditions listed in the Planning Office memo dated
September 22, 1992."
"I move to approve the Special Review for parking and open space
for the development of three fully deed restricted dwelling units
at 500 Park Circle with the conditions listed in the Planning
Office memo dated September 22, 1992."
ATTACHMENTS:
A.. Application
B. Referral Comments
pz.aspenelectric.sub
11
SepLember 21. 1992
Le:s 1 i e :
Th is i s Lo con r i rm Lhal. Harry Se i gl e has been work i ng w i Lh
Lhe Ta i l i ngti Condom i n i tine Assoc i al. i on i n regards Lo Lhe
employee housing Pro jec 1. he Plans Lo built] on Lhe 1 o 1. nex I.
Lo our building.
As Lh i ng : move down Lhe road T bet i eve we need Lo have an
agreemenl. for a .shared ea:semenl.. T will be Lal k i ng Lo Harry
and our homeowners abou I. Lh i m .
Margot. Pquolel.on
Preis i den 1. or Lhe Assoc ► al. ► on
•
•
GOLD KEY SERVICES
616 E IIJIMAN A VE Svit e,102
A SPEN, G'OL OPAOO 8 /612
City of Aspen
130 S. Galena
Aspen, Colorado 81611
To Whom It May Concern;
Marcia L_ Goshorn
( 303 ) 920-9275
November 19, 1992
On behalf of Barry and Sharon Siegel for the Aspen Electric
employee housing project ,we are requesting a partial permit for
the placement of foundation concrete only. We understand that
there are additional conditions which need to be met before the
final plat can be approved and filed . We also acknowledge that we
are requesting this at our own risk. We realize that we may be
required to process a change order and may be required to fill in
the foundation for the cut-out wall.
Thank you for your attention to this matter.
Sincerely,
Marcia L. Goshorn
Gold Key Services
Representing
Barry and Sharon Siegel
cc: Leslie Lamont
III
October 20, 1992
Aspen/Pitkin County Planning Department
130 South Galena, 3rd Floor
Aspen, Colorado 81611
ATTN: Leslie Lamont
2
Re: Driveway Easement for Sunny Park North, Lot 3
Dear Leslie:
Pitkin County
This correspondence will confirm for you the intention of the Board of County
Commissioners to go forward with the grant of a permanent easement for a driveway
access for the referenced lot across the County's land along the Salvation Ditch right-of-
way from County Road 21. It came to our attention at the last regular meeting that this
process had never been undertaken after the original development of the lot in question.
Since this is a permanent grant of an interest in lands owned by the County, the County
is required by Home Rule Charter to accomplish this objective through ordinance
procedures. I shall put together the necessary paperwork immediately and will coordinate
this process with the Siegals.
Let me know if you have any further questions.
Ve ruly yours,
1
imo y . Whitsitt
itkin o my Attorney
TEW/hfs
cc: BOCC
Barry Siegel
nw1o.1oz3
Administration
County Commissioners
County Attorney
Personnel and Finance
Transportation
530 E. Main, 3rd Floor
Suite B
Suite I
Suite F
Facilities
Aspen, CO 81611
506 E. Main Street
530 E. Main Street
530 E. Main Street
76 Service Center Road
(303) 920-5200
Aspen, CO 81611
Aspen, CO 81611
Aspen, CO 81611
Aspen, CO 81611
FAX 920-5198
(303)920-5150
(303)920-5190
(303)920-5220
(303)920-5390
printed on recycled paper
SENT BY:GMC RF-C �2-12-IM :10:27. M
aik mob. RFC
Residetdral Fandit Co ,alion '
February 11, 1993
GX1C#C 813039209275:# 2I 2
10 Universal City Plaza, Suite 2100
Universal City, CA 91608
(818) 753-4400
Pitkin County Attorney
Aspen City Engineer
C/o Gold Key Services
bib R. Hyman Avenue, SuiCe lag
Aspen, Colorado 81611
Re: Barry Siegel.
210 Sesame Street
Aspen, Colorado
'Final Plat of Aspen Electric `Subdivision
RFC Loan #1258148
GMAC Loan #21-7992114
To Whom it may .concern:
Please be advised Residential Funding Corporation as mortgagee on
the above referenced property consents to the lot line adjustment
ate shown on the final plat of the Aspen Electric Subdivision.
inc
,Linda L. Keckler
Loan Service Representative
Portfolio Services
cc: Edward Mayer, GMc (215)881-1595
-file
Offices In os LAngeles, Atlanta Fat Lauderdale,
Now York,MTvidence, San Frandsco, and Washington, D.C.
The oMAC to-k- MM" is mesa under IIwwo fmrn oamfu M omm A409Mnc* COrporpflm
$ABEM$NT AGREEMUT
THIS EAOEMENT AGREEMENT is made this 23th day of November,
1992 by and bc-tween The Tailings Condominiums ("Grantor") and Barry
an* Sharon Siegel ("Grantee").
W3I13RXAS, Grantor owns .certain real property located in the y
City of Aapen adjacent to real property owned by Barry and Sharon
Siegel. Legal deacriptions of which are attaohad air Exhibit A.
WKERNAS, Grantor and Grantee desire to create a reciprocal
non-exclusive driveway easement for the purpose ¢f aocess to a one
two -car garage for the tri-plax to be built on the Aspen Electric
subdivioi.on by Grantee,
NOW, THRREFORs, in consideration of the reciprocal driveway
easement herein exchanged, and for other good and valuable
consideration, the receipt and sufficiency of which is hereby
acknowledged, the parties agree as follows;
1. Barry and Sharon Siegel guarantee to pave they reoiprocal
driveway ease -Mont at the estimated cost of $1, 500. 00 within a year
of the date this agreement. If the pawing can not be preformed
within this time, the siegelos will tender the $1,500.00 into an
escrow account to be used for its designated purposes at a time
agreed to by the parties.
2. The parties agree to share the- cost of repair and
maintenance of the reciprocal driveway easement, when agreed to by
bath parties in writing. The coats of repairs and maintenance
*hall include snow removal, surface repair and drainage ditches.
The shared cost shall be determined by reforence to the number of
vehicles which use the driveway during any one year period.
Payments for mutually agreed repair and maintenance Costs will be
due within 30 days of an invoice. In the event one party does not
pay its propart-.onate share -of the -costs within the 30 day payment
period, the other party may pay the invoice amount and cuilect from
the delinquent party interest on the principal amount owed by the
delinquent party at th* rate of 18% A.P.R. Non -defaulting party
shall give delinquent party 30 days written notice of their payment
before interest to accrue. The non -defaulting party shall
be entitled to reasonable costs and attorneys fees incurred in the
event collection of the delinquent amount necessitates legal
action.
3. The Parties agree to use good faith efforts to prevent the
obstruction, interference, or unreasonable use of the reciprocal
driveway easement, including but not limited to parking of vehicles
without prior written 6onaent, loud vehiclest storage or trash
receptacles and to maintain the driveway in a neat, safe and
uniforn app'aarance, including but not limited to closure of garage
doors.
4. it is agreed that neither this agreement nor any of its
terms, provisions, conditions or representation can be modified,
changed, amended, superseded, waived or extended except by an
This
appropriate written instrumeft executed by the parties,
agreement may be terminated by any party for cause including breach
of any of the agreements contained herein.
s . Parties agree to file this document with the Pitkin county
clerk and Recorders office and -to file any modification, releases
or other ohanges within 30 days of such modification, release or
other change m orderretorasea covenant e this reciprocal
running with. the land.
ment
and any amendment h
Taili
condominiums
parr icgel
Sharon 1ecgel
OCT-20-92 WE 14 : UL SUftKr UNU KLrILU 1 HL MA NU, JU ILd3le30 r, U i
OCT 19 '92 03:41PM CITY &SPEN is
P.2/2
cat
130
A91
October 161 1992
Mx. Brian PinkoWski
Environmental Protection Agency.
Site Project officer
Dear Brian,
)en
I have been the project planner from this office assisting' Barry
and Sharon Siegel with their development proposal. As you probably
know, Barry would like to subdivide his property ,and build an
affordable triplex on the newly created parcel.
The new parcel fronts onto Park Avenue. It is my understanding,
having reviewed the file with Tom Dunlop, that Barry's props-ety
line is a boundaryy of the EPA designated Smuggler Superfund site
but his property i$ not within the superfund site.
Barry has hired an EPA certified excavator for excavation of the
utilities, which are in Park Avenue, and his building foundation.
In addition Barry's representative, Marcia Goshorn, has spoken with
you regarding Barry's proposal. It is her understanding that EPA
concerns have been addressed.
We are trying to expedite the permits necessary for Barry to begin
work. It would be very helpful if you, as a representative of the
EPA, could confirm that Barry has satisfied EPA's guidelines for
excavation.
If this is your understanding please sign and return this latter
for my files.
Thank you for your time.
S �erely,
Leslie Lamont, Senior Planner
Z
Br kowski, Env zonm nta roteation Agency
S e Project officer
aP&YcladORAN
III
April 17,
Pitkin County
Ms. Leslie Lamont AM 2 2
Aspen/Pitkin Planning Office
130 South Galena
Aspen, Colorado
RE: Barry Siegel land donation
Dear Leslie,
This is to clarify the intentions and concerns of the Pitkin County
Commissioners regarding the above -noted matter.
As you know, Mr. Siegel approached the County some weeks ago with
a proposal that the County donate to him certain mining claim
properties held in County ownership for the purpose of increasing
the area of Mr. Siegel's property to the extent that he could
subdivide that property and develop a portion of it under AH
zoning. It was our understanding that no money would change hands,
but that the consideration for the County's donation would be the
addition to the affordable housing inventory provided by Mr.
Siegel's efforts. The County Commissioners were in conceptual
agreement with this proposal under the following broad conditions:
- That any and all land transferred to Mr. Siegel be permanently
sterilized against any future development. The County has managed
its mining claims in the Park Circle/Midland area as open space and
we want to assure that this management direction remains intact.
In fact, we would welcome this opportunity to resolve the status
of the County -owned Mascotte and 99 Lode claims by imposing a
permanent open space designation on them through this process.
- That any increase in Mr. Siegel's holdings does not provide him
with an opportunity to increase the size of his existing dwelling
unit or to carry out any other development on his property that
does not now exist, with the exception of his affordable housing
proposal. In other words, we want to assure that the donation
would support affordable housing development only and not any other
improvements or developments that could increase the value of Mr.
Siegel's property. We do not, conversely, want the transaction to
reduce Mr. Siegel's current FAR or any other pre-existing
development rights.
- That the housing developed through this process be appropriately
deed -restricted and managed so as to provide a meaningful addition
to the local affordable housing inventory. The County is
sympathetic with Mr. Siegel's objective of providing housing to his
Administration County Commissioners County Attorney Personnel and Finance Transportation
530 E. Main, 3rd Floor Suite B Suite I Suite F Facilities
Aspen, CO 81611 506 E. Main Street 530 E. Main Street 530 E. Main Street 76 Service Center Road
(303) 920-5200 Aspen, CO 81611 Aspen, CO 81611 Aspen, CO 81611 Aspen, CO 81611
FAX 920-5198 (303)920-5150 (303)920-5190 (303)920-5220 (303)920-5390
e� printed on recycled paper
own staff, but concerns do arise when a single person is both
employer and landlord. We would urge Mr. Siegel, the Housing
Authority and the Planning Office to develop appropriate deed
restrictions for these units that will assure that the units are
occupied by bona fide local employees, either Mr. Siegel's or
otherwise; that will limit rents or sale income to either Mr.
Siegel or any future owner to a levels that are tied to employee
income and consistent with rates and prices in similar affordable
housing circumstances; that will provide Mr. Siegel with a fair
opportunity to place his own employees in the units; and that will
guarantee that the units will stay in the affordable housing
inventory should ownership change.
If these concerns are satisfied, we will be prepared to make a
donation of appropriate size to Mr. Siegel pending approval of his
plans through the City review process. Please let me know if you
want further clarification or information regarding this matter.
ours ru ,
Mar Fu er, ve opmen Director
Pitkin County
cc: Reid Haughey
Tim Whitsitt
Tom Baker
Barry Siegel
MEMORANDUM
TO: Mayor and Council
THRU: Amy Margerum, City Manager
THRU: Diane Moore, City Planning Direc or
FROM: Leslie Lamont, Planning
RE: Aspen Electric - Subdivision, Rezoning, GMQS Exemption
and Condominiumization for a Fully Deed -Restricted
Triplex, Second Reading Ordinance 62, Series of 1992
DATE: . October 26, 1992
SUMMARY: The applicant's, Barry and Sharon Siegel, propose to
subdivide their property creating a 8,000 square foot parcel to be
rezoned to Affordable Housing (AH) for the purposes of building a
fully deed -restricted triplex.
The Planning and Zoning Commission reviewed the application and
recommends to Council approval of the subdivision and rezoning for
the development of affordable housing.
Council reviewed and approved on first reading the subdivision,
rezoning and GMQS Exemption for the development of affordable
housing at the October 13, 1992 meeting.
The Board of County Commissioners approved a Lot Line Adjustment
between the Siegel property and the County owned Mascotte/99 Lode
at their October 13, 1992 meeting.
BACKGROUND: As part of the comprehensive approach to the City's
housing dilemma, the City Council adopted Ordinance 59 establishing
an Affordable Housing Zone District (AH). The AH zone enables the
rezoning of land for the purposes of affordable housing.
The Siegel's would like to utilize the AH zone district to provide
housing for their employees of Aspen Electric.
CURRENT ISSUES: The Siegel's propose to subdivide their 18,320
square foot parcel to create a 8,000 square foot parcel for the
development of a fully deed restricted triplex. Currently, the
Siegel's single family home exists on the parcel. A lot line
adjustment with the County's Mascotte/99 Lode parcel is necessary
to maintain the 15,000 square foot minimum for the Siegel's parcel.
The parcel sits atop a steep slope overlooking Park Avenue. The
Siegel's residence is on a flat bench on top of the hill and is
accessed off of Smuggler Mountain road via an easement from the
County. The land area that the Siegel's would like to subdivide
fronts Park Avenue at the bottom of the steep slope, please see
attachment B.
The vegetation consists of native grasses and weeds. Although
there are several trees on the site, there are no trees within the
proposed building envelope.
other than slope stabilization at the rear of the property, no
natural hazards, critical wildlife habitat or endangered vegetation
exist on the site. The boundary of the site abuts the EPA Smuggler
Superfund site. The applicant has contacted Tom Dunlop of the
Environmental Health Department to determine what precautions must
be adhered to during construction. The applicant has also received
written approval from the EPA's Brian Pinkowski to work near the
EPA Superfund site.
All -public serVices are in place with the capacity to serve the
site. The site is within walking distance of downtown and is
served by a bus route within 1/2 a block.
The Smuggler neighborhood encompasses a variety of land uses.
Multi -family development is prevalent as are duplex, triplex and
single family homes. The land uses vary from intensity and
architectural styles. In addition, the site has excellent southern
exposure and views to the south.
The triplex will include two 2-bedroom units and one 4-bedroom
unit. The 2-bedroom units will be 840 square feet and restricted
to Category 2 price and income guidelines. The 4-bedroom unit will
be 1,656 square feet and restricted to Category 4 price and income
guidelines. A two car parking garage will be provided for each
unit.
This project has been designed to be consistent with several goals
and objectives that have been adopted by the City. The Aspen
Electric proposal helps to create a housing environment which is
dispersed, appropriately scaled to the neighborhood and affordable.
The project is creating employee housing ownership opportunities
for three families. This proposal is compatible with an important
characteristic of Aspen which is housing residents of varied income
levels in the same neighborhoods.
Required review includes subdivision, rezoning from R-15 PUD to AH,
GMQS Exemption for affordable housing, and condominiumization.
Please see attachments C for pertinent review standards.
RECOMMENDATION: The Planning and Zoning Commission recommends
approval of the subdivision and rezoning for the Aspen Electric
affordable housing triplex proposal with the following conditions:
1. Prior to the issuance of any building permits:
2
a. The applicant shall ensure that the slope stabilization is
adequate as determined by the City Engineer.
b. A final plat shall be reviewed and approved by the Engineering
Department. All easements created through this application shall
be established by a recorded easement agreement in addition to
indicating it on the plat. The plat shall include the book and
page of the recording.
c. The subdivision plat and subdivision agreement, to be reviewed.
and approved by the Planning Department and City Attorney, shall
be filed within 180 days of final approval.
d. The applicant shall submit a drainage analysis, reflecting
future site drainage, performed by an engineer registered in the
State of Colorado to the engineering department.
e. The applicant shall sign a sidewalk construction agreement
prior to recording the plat, however a gravel pedestrian area shall
be provided at the time of construction to be approved by the
Engineering Department.
f. The applicant shall provide a six foot by six foot transformer
easement and a four foot by four foot pedestal easement on Lot 1
which shall be designated on the final plat.
2. Prior to final approval a revised site drawing must be approved
by the engineering department. The site drawing must include the
existing curb and gutter, and depict the existing Tailings
Condominium driveway.
3. All required utility extensions shall be located underground.
4. Each unit will be constructed in compliance with all applicable
uniform building code requirements and U.B.C. sound attenuation
codes as required.
5. The applicant shall adhere to the all representations made in
the application and during the review process.
The Planning and Zoning Commission and staff recommend approval of
the GMQS Exemption with the following conditions:
1. Deed restrictions shall be reviewed and approved by the Housing
Authority and Planning Department prior to the issuance of any
building permits for the three dwelling units.
2. The filed deed restrictions shall contain language enabling the
Siegel's right of first refusal when the units are for sale as long
as the Siegel's own their home on Lot 2 of the Aspen Electric
Subdivision.
3
9
Staff recommends approval of the condominiumization of the Aspen
Electric triplex with the following condition:
1. Prior to the sale of either unit, a condominium plat which
meets the requirements of Section 24-7-1004 D of the Municipal Code
and a Subdivision Exemption Agreement must be filed. The final
plat and agreement shall be reviewed and approved by the
Engineering and Planning Departments and the City Attorney.
PROPOSED MOTION: "I move to approve the subdivision, rezoning and
GMQS Exemption for affordable housing for the Aspen Electric
Triplex as recommended by the Planning and zoning Commission with
the conditions outlined above."
"I move to approve the condominiumization of the Aspen Electric
Triplex with the conditions recommended in this memo."
"I move to approve Ordinance 62, Series of 1992 on second reading."
CITY MANGER COMMENTS:
ATTACHMENTS:
A. Ordinance 62, Series of 1992
B. Site Plan and Maps
C. Standard Review Criteria
D. Referral Comments
4
ORDINANCE NO. 62
(SERIES OF 1992)
AN ORDINANCE OF THE ASPEN CITY COUNCIL GRANTING SUBDIVISION,
REZONING FROM MODERATE -DENSITY RESIDENTIAL PUD (R-15) TO AFFORDABLE
HOUSING (AH), GMQS EXEMPTION AND CONDOMINIUMIZATION, LOT 3, SUNNY
PARR NORTH SUBDIVISION, PARR AVENUE, ASPEN COLORADO
WHEREAS, pursuant to Sections 24-7-1004 and 24-7-1102 of the
Municipal Code the applicants, Barry and Sharon Siegel, have
submitted an application for a subdivision of Lot 3 Sunny Park
North Subdivision creating Lots 1 and 2 Aspen Electric Subdivision,
and a map amendment for rezoning Lot 1 from R-15 to AH; and
WHEREAS, pursuant to Section 2-4-8-104 of the -Municipal Code, the
applicants seek a GMQS Exemption for the development of a fully
deed restricted triplex on Lot 1; and
WHEREAS, pursuant to Section 24-7-1007 of the Municipal Code, the
applicants wish to condominumize the triplex; and
WHEREAS, at a duly noticed Public Hearing held by the Aspen
Planning and Zoning Commission (hereinafter "Commission") on
September 22, 1992 to consider the subdivision, map amendment,
special review for parking and open space, and GMQS Exemption, the
Commission reviewed the application and considered the
representations and commitments made by the applicant; and
WHEREAS, the Commission found that the subdivision, rezoning and
GMQS Exemption application complied with Sections 24-8-104, 24-7-
1004 and 24-7-1102, are not in conflict with any applicable
portions of Chapter 24, are consistent with the elements of the
Aspen Area Comprehensive Plan, are compatible with surrounding zone
districts and land uses, are consistent and compatible with the
community character in the City of Aspen, and are in harmony with
the purpose and intent of Chapter 24 of the Municipal Code; and
WHEREAS, the Commission recommended, at their September 22, 1992
meeting, approval to the City Council of the subdivision of Lot 3,
Sunny Park North Subdivision, rezoning of Lot 1 Aspen Electric
Subdivision from R-15 PUD to AH and GMQS Exemption for the
development of a fully deed restricted triplex; and
WHEREAS, pursuant to Section 24-5-206.2, the Commission approved,
by special review, 2 parking spaces per unit and 47.50 open space
on the site; and
WHEREAS, the Aspen City Council, having considered the Planning and
Zoning Commission's recommendations, does wish to grant
subdivision, rezoning, and GMQS Exemption with conditions; and
WHEREAS, the Aspen City Council, having reviewed the application
does wish to grant condominiumization of the fully deed restricted
triplex with conditions.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ASPEN, COLORADO:
Section 1•
That it does hereby grant subdivision of Lot 3 Sunny Park North
Subdivision, Aspen Colorado and rezoning of the newly created
parcel (500 Park Circle) from R-15 PUD (moderate -density
residential) to AH (affordable housing) with the following
conditions:
1. Prior to the issuance of any building permits:
a. The applicant shall ensure that the slope stabilization is
adequate as determined by the City Engineer.
b. A final plat shall be reviewed and approved by the Engineering
Department. All easements created through this application shall
be established by a recorded easement agreement in addition to
indicating it on the plat. The plat shall include the book and
page of the recording.
c. The subdivision plat and subdivision agreement, to be reviewed
and approved by the Planning Department and City Attorney, shall
be filed within 180 days of final approval.
d. The applicant shall submit a drainage analysis, reflecting
future site drainage, performed by an engineer registered in the
State of Colorado to the engineering department.
e. The applicant shall sign a sidewalk construction agreement
prior to recording the plat, however a gravel pedestrian area shall
be provided at the time of construction to be approved by the
Engineering Department.
f. The applicant shall provide a six foot by six foot transformer
easement and a four foot by four foot pedestal easement on Lot 1
which shall be designated on the final plat.
2. Prior to final approval a revised site drawing must be approved
by the engineering department. The site drawing must include the
existing curb and gutter, and depict the existing Tailings
Condominium driveway.
3. All required utility extensions shall be located underground.
4. Each unit will be constructed in compliance with all applicable
uniform building code requirements and U.B.C. sound attenuation
codes as required.
5. The applicant shall adhere to the all representations made in
the application and during the review process.
Section 2:
That is does hereby grant GMQS Exemption for the development of a
fully deed restricted triplex with the following condition:
1. Deed restrictions shall be reviewed and approved by the Housing
Authority and Planning Department prior to the issuance of any
building permits for the three dwelling units.
`a. The deed restrictions shall contain language enabling the
Siegel' s right of first refusal when the units are for sale as long
as the Siegel's own their home on Lot 2 of the Aspen Electric
Subdivision(_I-r
Section 3:
That is does hereby grant condominiumization of the three
residential dwelling units with the following condition:
1. Prior to the sale of either unit, a condominium plat which
meets the requirements of Section 24-7-1004 D of the Municipal Code
and a Subdivision Exemption Agreement must be filed. The final
plat and agreement shall be reviewed and approved by the
Engineering and Planning Departments and the City Attorney.
Section 4:
The Official Zone District Map for the City of Aspen, Colorado,
shall be and is hereby amended to reflect those rezoning actions
as set forth in Section 1 above and such amendments shall be
promptly entered on the Official Map in accordance with Section
24-5-103B of the Municipal Code.
Section 5•
If any section, subsection, sentence, clause, phrase or portion of
this ordinance is for any reason held invalid or unconstitutional
by any court of competent jurisdiction, such provision and such
holding shall not affect the validity of the remaining portions
thereof.
Section 6:
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 7•
A public hearing on the Ordinance shall be held on the
day of October 26, 1992 at 5:00 P.M. in the City Council Chambers,
Aspen City Hall, Aspen Colorado, fifteen (15) days prior to which
hearing a public notice of the same shall be published one 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
, 1992.
John Bennett, Mayor
ATTEST:
Kathryn S. Koch, City Clerk
FINALLY, adopted, passed and approved this day of
, 1992.
ATTEST:
Kathryn S. Koch, City Clerk
4
John Bennett, Mayor
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ATTACHMENT C - Applicable Review -
I. Subdivision - In order to create a separate parcel for
rezoning to AH the applicants propose to subdivide their 18,320
square foot parcel creating a separate 8,000 square foot parcel.
Pursuant to Section 7-1004 C.1., the General Requirements for
subdivision are as follows:
1. (a) The proposed development shall be consistent with the
Aspen Area Comprehensive Plan.
RESPONSE: The Land Use Plan identifies this site as "Multi-
family". The proposal is a multi -family development permitted in
the AH zone district. The project is consistent with the Aspen
Area Comprehensive Plan because it is dispersing affordable housing
among the City's existing residential neighborhoods.
(b) The proposed subdivision shall be consistent with the
character of existing land uses in the area.
RESPONSE: The project is consistent with the character of the
neighborhood. The surrounding land uses are mixed residential
including adjacent high density multi -family.
(c) The proposed subdivision shall not adversely affect the
future development of surrounding areas.
RESPONSE: The proposed multi -family development is compatible with
surrounding development. The neighborhood is primarily comprised
of local oriented housing.
(d) The proposed subdivision shall be in compliance with all
applicable requirements of this chapter.
RESPONSE: This proposal is 100% deed restricted and is in
compliance with the AH zone district while not in conflict with
any other sections of the Land Use Code. The lot line adjustment
is necessary to maintain the 15,000 square foot minimum on the
Siegel parcel which is and will remain zoned R-15 PUD.
Pursuant to Section 7-1004 C. 2 - 5, the pertinent subdivision
requirements are as follows:
2. (a) Land Suitability - The proposed subdivision shall not
be located on land unsuitable for development because of
flooding, drainage, rock or soil creep, mudf low, rock
slide, 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: There are no natural hazards that exist on the site that
1
•
E
would endanger the welfare of future residents. The continues to
work with the Engineering Department to ensure that the slope
stabilization is adequate and the historic drainage patterns are
preserved.
(b) Spatial Pattern - 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: There are no unnecessary public costs associated with
this proposal. All utilities are available near the site.
According to the application, all public improvements to serve the
project will be borne by the applicant.
3 & 4. Improvements and Design Standards - following is a review
of -the relevant subdivision standards:
(a) WATER - According to the application, water service will
be provided via the area's existing water mains. The City
water system has sufficient capacity to accommodate the
project for both domestic and fire protection needs.
(b) SEWER - The District collection line is located in Park
Circle and terminates in front of former lot 3 of the Sunny
Park Subdivision. Multi -family dwelling service by a single
service line must be serviced by a six inch diameter service
line.
(c) ELECTRIC, TELEPHONE, NATURAL GAS AND CABLE TV - All
required extensions will be located underground.
(d) EASEMENTS - Utility easements will be provided and will
be included in the subdivision agreement and depicted on the
final plat. In addition, a pedestrian access easement will
be provided for the stairs that ascend the slope to the Siegel
residence. From scaling off the drawing and comparing to the
plat of the subdivision, it appears the northwest corner of
the building is within the utility and access easement.
Lot two (Lot 3 Sunny Park North Subdivision) of the newly
subdivided lots must demonstrate that it has clear access to
the property, in the form of an access easement. This needs
to be indicated on the plat.
The applicant must obtain an easement from the Tailings
Condominium Association for access across their driveway.
A six foot by six foot utility transformer easement is
requested along the western property boundary, adjacent to the
existing location for placing the transformer out of the
pedestrian walkway. Additionally a four foot by four foot
pedestal easement is requested for the utility services to the
K
project.
(e) SIDEWALK, CURB, AND GUTTER - Section 19-98 of the
Municipal Code requires construction of sidewalks for new
construction in areas indicated on the adopted sidewalk, curb
and gutter plan, similar requirements of the land use code
notwithstanding. Since there are no existing sidewalks in the
near vicinity the City *would like to reserve the right of
having the applicant install the sidewalks at a later date.
At a minimum, the applicant shall provide a flat, pedestrian
walking space with a minimum of 6 1/2 feet adjacent to the
curb of horizontal space and seven feet of vertical clearance
along the entire frontage.
The ideal streetscape design specifies a five foot buffer
space between the curb and the sidewalk. This may be varied
due to site condition r other landscape design proposals.
Given the existing grades, and depending on the final site
design and the possible need of retaining walls, the applicant
may prefer to locate the pedestrian space as close to the curb
as possible. In such event, the required width is six and a
half feet in order to accommodate opening doors of parked cars
and parking and traffic control signs.
(f) FIRE PROTECTION - The project is 4 1/2 minutes from the
fire department. The future required fire flow will dictate
the installation of a fire hydrant near the existing
structures. Each unit will be constructed in compliance with
all applicable uniform building code requirements.
(g) DRAINAGE - A drainage plan, complete with calculations
must be provided by an engineer registered in the State of
Colorado and submitted to the Engineering Department. If a
drywell is provided it must be maintained. The drainage
engineer must also certify that drainage structures have been
built as designed (prior to final inspection). Also, the
applicant should indicate how the existing street drainage is
to be maintained, but not necessarily included in the
calculations. The new curb and gutter must be designed and
constructed so that the adjacent property owners are not
affected.
(h) ROADS - Staff cannot approve a drawing showing off street
parking in the public right-of-way (R.O.W.). However, staff
will continue to work with the applicant for the site design.
The applicant may need to formally request a variance for the
driveway design as required in Section 19-102 of the Municipal
Code.
Any site work at this end of the project must be reviewed and
approved in writing by a representative of the Tailings
Condominium.
3
The City of Aspen is
It would be mutually
the general location
can stop the paving
placed asphalt.
planning to pave the street this fall.
beneficial if the applicant could mark
of the utility taps. By doing this we
in this area and prevent cutting newly
The applicant is advised that for any work in the public
R.O.W., i.e. curb and gutter, sidewalk, an excavation permit
is required. The work requires engineering department
approval on the design plan and the permit is administered by
the street department.
(i) Final Plat - The Subdivision plat needs to include:
° a statement to the effect that title policy number
was-Tised in preparation of this survey plat:
all access easements need to be platted and the book and
page recordation noted.
The final subdivision plat and agreement must be filed within
180 days of final approval.
II. Rezoning - The applicants propose to rezone a portion of
their property from R-15 PUD to AH. Pursuant to Section 7-1102
the standards of review for an amendment to the Official Zone
District Map are as follows:
a. Whether the proposed amendment is in conflict with any
applicable portions of this chapter.
RESPONSE: The proposed amendment is consistent with the purpose
of the recently adopted Affordable Housing Zone District which is
"to provide for the use of land for the production of low, moderate
and middle income affordable housing... units... The AH Zone District
is intended for residential use primarily by permanent residents
of the Community... Lands in the AH Zone District should be
scattered throughout the City to ensure a mix of housing types,
including those which are affordable by its working
residents... lands in the AH Zone District should be located within
walking di'stance of the center of the City, or on transit routes."
b. Whether the proposed amendment is consistent with all
elements of the Aspen Area Comprehensive Plan.
RESPONSE: The various elements of the Aspen Area Comprehensive
Plan lists several goals that are relevant to this proposal. As
described in the application those goals are: to create a housing
environment which is dispersed, appropriately scaled to the
neighborhoods and affordable; to preserve and maintain the existing
character of the community; the community should collectively
n
address and resolve its issues and problems by considering the
interest of all its citizen; and to create a creative non -auto
oriented public, mass transportation system which integrates
pedestrian and bike trails system with community facilities and
services.
The development of private sector -initiated affordable housing
units, through the Affordable Housing Zone District, is an
appropriate approach to dispersed housing development. The
proposal is within scale of the surrounding community in order to
preserve the character of the neighborhood. Affordable home
ownership integrated within the community takes advantage of local
services, bus and bike routes and proximity to most places of
employment.
C. Whether the proposed amendment is compatible with
-- surrounding Zone Districts and land uses, considering existing
land use and neighborhood characteristics.
RESPONSE: This project site is bordered by a mixture of multi-
family and single family homes.
d . The of feet of the proposed amendment on traf f is generation
and road safety.
RESPONSE: Within the AH zone, parking is established by Special
Review. The applicant proposes a two car garage for each unit thus
eliminating on -street parking on the south side of Park Circle.
The housing is proposed within a 1/2 block of the Hunter
Creek/Centennial transit route and is within 10 walking minutes of
downtown.
This proposal will provide two spaces per unit.
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: Based upon the Housing Guidelines, the development
should house approximately 7.5 residents. There are existing
utilities on the site or proximate to the site which have the
capacity to service the development.
f. Whether and the extent to which the proposed amendment
would result in significantly adverse impacts on the natural
environment.
RESPONSE: The site is gently sloping. Native wild flowers and
weeds inhabit the proposed building envelope.
5
g. Whether the proposed amendment is consistent and
compatible with the community character in the City of Aspen.
RESPONSE: Affordable resident housing has historically been
interspersed throughout Aspen's neighborhoods. The proposal is
compatible with the character of the immediate neighborhood which
has a long history of housing many local residents both rental and
owner occupied. The development is also consistent with the
various goals and programs that the City has been working on to
effectively preserve the local nature of town and provide housing
for working residents.
h. Whether there have been changed conditions affecting the
subject parcel or the surrounding neighborhood which support
the proposed amendment.
RESPONSE: The Smuggler neighborhood consists of free market and
affordable housing. Affordable housing throughout the City has
been largely replaced with second homes priced far beyond the reach
of the majority of the employees in town. The AH Zone District is
one avenue available for the public and private sectors to address
the community's housing problems. This rezoning is proposed as an
attempt to develop new affordable housing integrated into the
community.
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: The amendment is consistent with established public
policy. As early as the 1973 Land Use Plan the development of
employee housing was a goal of the community. As was discussed
above, many plans and policies have been developed to facilitate
the provision of affordable local housing for the community. The
private sector is being requested to become more actively involved
in the planning and development of affordable housing. Aspen
Electric development will illustrate, in real terms, how the AH
zone works for the benefit of both private and public sectors. It
will hopefully encourage other private sector development of
affordable housing.
III. GMQS Exemption - Pursuant to Section 24-8-104. C., the
development of deed restricted housing may be exempt from Growth
Management by the City Council.
The applicants propose 3 fully deed restricted dwelling units. Two
840 square foot 2-bedroom, 2-bath units will be deed restricted to
Category 2 price and income guidelines. The 1,656 square foot 3-
bedroom, 2-bath unit will be restricted to Category 4 price and
income guidelines. The Aspen/Pitkin County Housing Authority has
reviewed the proposal and commends the Siegels for stepping forward
6
to assist in the development of housing for permanent residences
of Pitkin County.
IV. Condominiumization - Pursuant to Section 24-7-1007 of the
Municipal Code the following criteria shall be considered for
condominiumization of a residential property:
a. Existing tenants must be notified that the units are for sale.
There are no existing tenants as this is a newly constructed
building.
b. Minimum lease period restricted to six month minimum leases,
with no more than two shorter tenancies per year. The deed
restrictions that are required as a condition for the affordable
housing included rental restrictions.
c:'"Affordable Housing Impact Fee. The units -will -be deed
restricted for affordable housing.
d. Inspection of the proposed condominium by the Building
Department. An inspection is not applicable at this time, however
throughout the construction process the building has been inspected
by the Building Department. The project will be subject to a final
inspection pursuant to the issuance of a Certificate of Occupancy.
7
is
ATTACHMENT D
MEMORANDUM
To: Leslie Lamont, Planning Office
From: Rob Thomson, ProjectEngineer
Date: September 14, 1992
Re: Aspen Electric Affordable Housing -Subdivision
• , Li � I1
1i SE' 1 4 EW
IU� �- --
Having. reviewed the above application, a revised drawing faxed to the City 9/10/92, and
having made a site inspection, the engineering department. has the following comments:
1. The application stated that an on -site drainage analysis has been performed. The
drainage plan,. complete with calculations must be provided . by an engineer
registered in the State of Colorado and submitted to the engineering department.
If a dry -well is provided it must be maintainable. The drainage engineer must also
certify that drainage structures have -been. built as designed (prior to final
inspection). Also, how the eadsting street drainage is to be maintained, must be
addressed but- not necessarily included in the calculations. The new curb and gutter
must be designed and constructed so that the adjacent property owners are not
affected.
2. Lot two of the subdivided lots must demonstrate that it has clear access to the
property, in the form of an access easement. This -needs to be indicated on the
plat.
.3. The applicant -must demonstrate that it has -clear access across the Tailings Condo's =-
driveway, in the form of an access easement.
4. From §.caling off the drawing and comparing to the -plat of the subdivision, it
appears the northwest corner of the building is within the utility and access
easement.
5. According to the most recent EPA Superfund cleanup map, and a conversation with
Tom Dunlop the Environmental Health Offi,;er, the property is not in the cleanup
site. However, everything west of the western property boundary is, which is public
right-of-way. For any work in the public right -of -way -the applicant must obtain an
excavation permit which will have to be approved by the environmental. health
office. The applicant' is advised to contact the EPA directly for information
regarding work in the cleanup site.
6. The revised driveway plan is unacceptable. Staff cannot approve a drawing showing
off street parking in the public right-of-way (R.O.W.). The curb and gutter
alignment must be moved towards the property line to -a distance ten feet from the
property line, with a twenty degree tra*isition to the existing curb and gutter. The
new curb and gutter line needs to be long enough to accommodate the two
driveways, an 18 1/2 foot street parking place, 25 feet separation from the tailings
driveway, and separation between the two driveways. The radius on the south end
appears to end up " in the tailings driveway, this needs to be revised. Any site work
at this end of the project must :be reviewed and approved in writing by a
representative. of the Tailings Condominium. Staff will continue to work with the
applicant for the site design. However, the -applicant needs to formally request a
variance for the driveway design as required in Section . _19-102 of the Municipal
Code.
7. The Subdivision plat needs to include: - - - - -
• a statement to the effect that--Atle policy number was used in
preparation of this survey .plat
• all access easements need to be platted and the book and page recordation
noted.
8. A condominium map - must be prepared and submitted to the engineering
-department for review prior to recordation.
9. Section 19-98 of the Municipal Code requires construction of sidewalks for new
construction in areas indicated on the adopted sidewalk, curb and gutter plan,
similar requirements of the land use code notwithstanding. Since there are no
existing sidewalks in the near vicinity the City would like to reserve the right of
having the applicant install the sidewalks at a later date. At a minimum, the
applicant shall provide a flat, pedestrian walking space with a minimum of 6 1/2
feet adjacent to the curb of horizontal space and seven feet of vertical clearance
along the entire frontage.
The ideal streetscape design specifies a five foot buffer space between the curb and
the sidewalk. This may be varied due to site condition or other landscape design
proposals. Given the existing grades, and depending on the final site design and
the 'possible need of retaining walls, the applicant may prefer to locate the
pedestrian space as close to the curb as possible. In such event, the required width
is six and a half feet in order to accommodate opening doors of parked cars and
parking and traffic control signs.
10. A six foot by six foot utility transformer easement is requested along the western
property boundary, adjacent to the existing location for placing the transformer out
of the pedestrian walkway. Additionally a four foot by four foot pedestal easement
is requested for the utility services to the project. .
11. The City of Aspen is planning to pave the street this fall. It would bt. mutually
beneficial if the applicant could mark the general location of the utility taps. By.
doing this we can stop the paving in this area and prevent cutting newly placed
asphalt.
12. The applicant is advised that for any work in the public RO.W., i.e. curb afid
gutter, sidewalk, an excavation permit is required. The work requires engineering
department approval on the design plan and the. permit is administered by the
street department
Recommended Conditions . of Approval
-.....�.+.��.K: -.. __ "'�. _..= T'_`�Cti!+a-°t•.=wa "='-•. ...+�C�. +.-c' _ .- �_�— _.._�•� __� .. __-..r..:�=+..z_: .ts.�.�c-a- s_ .-. — -�--
1. All easements created through this application must be .established by a recorded
easement agreement in addition to indicating it on the plat The plat shall include
the book and page of the recording.
2. The applicant must sign a sidewalk construction agreement prior to recording the
plat and provide pedestrian area as described above.
3. A condominium map - must be prepared and submitted to the engineering
department for review prior to recordation. Included on the map must be a
statement that the owners of the condominium must agree to join any improvement
districts formed for the purposes of constructing improvements in the public right-
of-way.
4. The applicant must submit a drainage analysis performed by an engineer registered
in the State of Colorado to the engineering department. This should be completed
prior to the issuance of a building permit.
5. Prior to final approval a revised site drawing must be approved by the engineering
department. -Ile site drawing must include the e)dsting curb and gutter, and show
the existing Tailings Condominium driveway.
6. The applicant convey a six foot by six foot transformer easement and a four foot
by four foot pedestal easement.
cc Chuck Roth, City Engineer
CASELOAD92 021
MEMORANDUM
TO: Laslie Lamont, Planning Office
FROM: Tom Baker, Executive Director
DATE: August 15, 1992
RE: Aspen Electric Affordable Housing Subdivision, Map
Amendment, GMQS Exemption, and Condominiumization Special
Review
$ousi g- Offiae-:ir.ould.like,.to commend aarry.and_Sharon
Siegel for his affordable.housing proposal. The-Siegels have
proposed a 100$-affordable housing, three unit proposal:
1 category #4 three -bedroom, two bath (1,656 sf), two car
garage (816 sf); and
2 category #2 two -bedroom, two bath (840 sf), two car garage
(500 sf) .
This proposal embodies a'. number of the community's goals: small
scale development on scattered parcels throughout the town; family
oriented, ownership units; private sector initiative using public
sector incentives.... The Housing Office has no recommendation for
changes to the housing component of this proposal.
Thank you Barry and Sharon Siegel.
r.siegel
�" CI'TS
130
asps
•
PEN.
A 20
August 19, 1992
Marci a L. Goshorn
Gold Key Service
-- = 516.:' flyain►zi; "Su9'te�1Of�.^--'""-—:.:�__t_ - -- -==
,Aspen, Co 81611
SUBJECT: Aspen Electric Employee Housing
Dear Marcia:
The City of Aspen.Water Depai-tment_•does have the- capacity to
serve the proposed development- at 500 Park Circle. There is a 6`
C.I. main located on -Park Circle that has sufficient vol ume:, and
flows to provide domestic water to the proposed building.
All design, material and construction shall be i n. accordance with
the established standards of the City of Aspen. Waiver- of tap
fees will have to be approved by City Council.
Sincerely,
Judy McKenzi e, Customer Sergi Co. Super vi :-'O
City of Aspen, Water Department
cc: I-esl`i e Lamont, ill ani.i i;g Of f i ce
I_a+'ry ii..,I I cnCJr-,r, t-ci: Supr-r l
Aspen consolidated Saniic
i 565 North. Mill Store
Aspen, Colorado 8161
We (303) 9253601
a f
Sy -Kelly - Chairman =r
John J. Snyder =
Louis -Popish = Secy..
- •i.�...., ;, :.: +e:rua r -•;^�x y�.J Z �rs a,'�'s.�^fTy�''�•
f L
,'.'a,�-„�.,�,�,,,�,r:�... � , . } Rom} y�'.�`•1-��,y�%: �_a����i�����.�,---
{_.'li er� 424x�`��^ � +1.�M ��i[^t.T '�'�.^G Ta1..��� ��.�i��7��y�L.���•
ptember< 9;1992
:;=`� T w a�`� L'es'1 ie¢Lamo�.t ,�.< < . l` ,�. ��` •�_ .�...,�
i
`ion .1�isivictl i i�l =5 + 12
-dwe I 1 ings - serviced' by% a s ing l=e ervice -1 ine:�,anust=`lie ;sere ced =tiy _a
•-six"inch diameter service l
.. .-: a;K'-zF.+'f4•:?_t - "c-- .�-s'_. .- -_. :r't�.;^d4:-.;': •;•'' ... .. .'Y3;..�i: `Ew .- .;: -_. s. r,^-`r.'..
. _ricii'r- d
In order to.obtain, service *from,the District' the applicant must
comply.`` with_- the District' s=. *Rules -.'and' Regulations ---and Line
Specifications- both oficti are on file at the District office:
Once -'detailed plans for the development become available.'.and"are
submitted to the District office, we will be able to estimate the
total connection_ charges and issue a tap permit. An impact..fee
may be charged. in addition to our regular fees in order._.to
address a downstream constraint.
,-Please cal I if you need any further information.
Sincerely,
Bruce Matherly
District Manager
EPA AWARDS Or EXCELLENCE
1976 - 1986 - 1990
REGIONAL AND NATIONAL
WAYNE L. VANDEMARK, FIRE MARSHAL
420 E. HOPKINS AVENUE
ASPEN, OOLORADO 81611
(303) 925-2690 .
TO: Leslie Lamont, �P�Ll�annning office
FROM: Wayne 'Vandemarl , '`Fire Marshal
RE: Aspen Electric Affordable Housing Subdivision, Map:
Amendment, GMQS Exemption&_Condominium;Lzation Special
Review
DATE: August 17, 1992
We have reviewed the application submitted by Barry & Sharon
Siegel. The site is four and one half minutes from fire department
headquarters. The distance is 1.1 mile. The future required fire
flow will dictate the installation of a fire hydrant near the
existing structures.
0
•
MESSAGE DISPLAY
TO Leslie Lamont
From: Tom Dunlop
Postmark: Sep 14,92 3:29 PM
Subject: Reply to: sunny park north subdivision lot 3
-----------------------------------------------------------------------------
Reply text:
From Tom Dunlop:
Not that I know of, but my mind is going :-fast. I looked at a drawing'
.of the project which showed parking and -access off Park Circle. It
appears from the current EPA site map that part of the access and
parking would be inside the'site boundary. 'If that is the case, -and
he is moving greater than one cubic yard of soil, he must contact EPA
in Denver for - their approval prior to crettincr An excavation rPrmit._
0
MEMORANDUM
TO: Mayor and City Council
THRU: Amy Margerum, City Manager
THRU: Diane Moore, City Planning Directo
FROM: Roxanne Eflin, Historic Preservation Officer
DATE: October 26, 1992
RE: 434 W. Smuggler Historic Landmark Designation - Request
Tabling of Second Reading of Ordinance 58, Series of 1992
The applicant request tabling of the second reading of Ordinance
58, Historic Landmark Designation for 434 W. Smuggler St. and staff
concurs with the applicant.
?e-fl/p4l�n
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0
PUBLIC NOTICE
RE: ASPEN ELECTRIC APPORDABLE HOUSING SUBDIVISION, MAP AMENDMENT,
GMQS EXEMPTION, CONDOMINIUMIZATION AND SPECIAL REVIEW.
NOTICE IS HEREBY GIVEN that a public hearing will be held on
Monday, October 26, 1992 at a meeting to begin at 5:00 pm before
the Aspen City Council, City Council Chambers, 130 South Galena
Street, Aspen, CO to consider an application submitted by Barry and
Sharon Siegel, 210 Sesame Street, Aspen, CO, requesting approval
of affordable housing subdivision, map amendment to rezone to
Affordable Housing zone district (AH), GMQS exemption,
condominiumization and special review. The applicants propose
three 100% deed restricted employee units in a tri-plex
configuration. The property is located at 500 Park Circle, Lot 3,
Sunny Park North Subdivision. For further information, contact
Leslie Lamont at the Aspen/Pitkin Planning Office, 130 S. Galena
St., Aspen, CO 920-5090.
s/John Bennett, Mayor
Aspen City Council
Published in the Aspen Times on October 9, 1992
-----------------------------------------------------------------
-----------------------------------------------------------------
City of Aspen Account
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ASPEN/PITKIN PLANNING OFFICE
130 South Galena Street
Aspen, Colorado 81611
Phone 920-5090 FAX 920-5197
MEMORANDUM
TO: City Engineer
Housing Director
Aspen Water Department
Electric Department
Parks Department
Zoning Administration
Aspen Consolidated Sanitation District
Aspen Fire Protection District
Holy Cross Electric Association
County Planning
FROM: Leslie Lamont, Planning Office
RE: Aspen Electric Affordable Housing Subdivision, Map Amendment, GMQS
Exemption, and Condominiumization Special Review
DATE: August 13, 1992
Attached for your review and comments is an application submitted by Barry and Sharon Siegel.
Please return your comments to me no later than September 11, 1992.
The Design Review Committee will be meeting on August 27, at 3:00 p.m., Courthouse Plaza
Building, 3rd floor conference room.
Thank you.
•
MEMORANDUM
To: Leslie
From: Rob
Date: August 25, 1992
Re: Aspen Electric
These are some concerns and comments that I have for the DRC:
There is concern whether this site is suitable for development or not. It will
be recommended that a slope reduction study be performed by a registered land
surveyor.
The application stated that a drainage analysis has been done. The drainage plan,
complete with calculations must be provided by an engineer registered in the State
of Colorado and submitted to the engineering department.
Lot two of the potentially subdivided lots must demonstrate that it has clear access
to the property, i.e. an access easement. COJO-k� eySj�m6rJTj Do0,SIT
WO&% LGT u %-i x i Lbo fL e
The applicant must demonstrate that it has clear access across the Tailings Condo's
driveway, i.e. access easement.
The assigned new addresses shall be confirmed and approved by the Police
Department.
It appears the northwest corner of the building is within the utility and access
easement.
According to the most recent EPA Superfund cleanup map, it appears that the
westerly portion of this site is within the cleanup area.
The current driveway plan does not meet with the municipal code section 19-101.
AUG 2
4Un 4
rn
DEVELOPMENT REVIEW COMMITTEE
SUMMARY SHEET
Chair erson:
A ent Re resentative:
Case T e:
i
REFERRAL COMMENTS SUMMARY:
City Engineer: (memo forthcoming: yes no )
County Engineer: (memo yes noIF P
)
Environmental Health (memo: yes no )
Fire
Parks Department: (memo: yes no )
Building Department: (memo: yes no )
Housing Authority: (memr-/ �yesno )
Attorney: (memo: yes no )
0 0
0
•
TO Leslie Lamont
MESSAGE DISPLAY
From: Rebecca Baker
Postmark: Sep 14,92 9:45 AM
Subject: Aspen Electric Housing
Acting for: George Robinson
Message:
The Parks Department has several concerns regarding the submitted
proposal that we would like to see addressed: 1) No landscape plan
has been submitted, making it impossible to determine whether any
trees will be impacted. 2) Does the Salvation Ditch run underground
through the property? Who will be responsible for its maintenance
once the development starts? 3) Though it is not City land, we would
not like to see a precedent set by giving open space land for
housing. Call me if you have any questions. Thanks.
i�
II
SEP 14 SW
MEMORANDUM
To: Leslie Lamont, Planning Office
From: Rob Thomson, Project Engineer l2S t
Date: September 14, 1992
Re: Aspen Electric Affordable Housing Subdivision
Having reviewed the above application, a revised drawing faxed to the City 9/10/92, and
having made a site inspection, the engineering department has the following comments:
1. The application stated that an on -site drainage analysis has been performed. The
drainage plan, complete with calculations must be provided by an engineer
registered in the State of Colorado and submitted to the engineering department.
If a drywell is provided it must be maintainable. The drainage engineer must also
certify that drainage structures have been built as designed (prior to final
inspection). Also, how the existing street drainage is to be maintained, must be
addressed but not necessarily included in the calculations. The new curb and gutter
must be designed and constructed so that the adjacent property owners are not
affected.
2. Lot two of the subdivided lots must demonstrate that it has clear access to the
property, in the form of an access easement. This needs to be indicated on the
plat.
3. The applicant must demonstrate that it has clear access across the Tailings Condo's
driveway, in the form of an access easement.
4. From scaling off the drawing and comparing to the plat of the subdivision, it
appears the northwest corner of the building is within the utility and access
easement.
5. According to the most recent EPA Superfund cleanup map, and a conversation with
Tom Dunlop the Environmental Health Officer, the property is not in the cleanup
site. However, everything west of the western property boundary is, which is public
right-of-way. For any work in the public right-of-way the applicant must obtain an
excavation permit which will have to be approved by the environmental health
office. The applicant is advised to contact the EPA directly for information
regarding work in the cleanup site.
6. The revised driveway plan is unacceptable. Staff cannot approve a drawing showing
off street parking in the public right-of-way (R.O.W.). The curb and gutter
alignment must be moved towards the property line to a distance ten feet from the
property line, with a twenty degree transition to the existing curb and gutter. The
new curb and gutter line needs to be long enough to accommodate the two
driveways, an 18 1/2 foot street parking place, 25 feet separation from the tailings
driveway, and separation between the two driveways. The radius on the south end
appears to end up in the tailings driveway, this needs to be revised. Any site work
at this end of the project must be reviewed and approved in writing by a
representative of the Tailings Condominium. Staff will continue to work with the
applicant for the site design. However, the applicant needs to formally request a
variance for the driveway design as required in Section 19-102 of the Municipal
Code.
7. The Subdivision plat needs to include:
a statement to the effect that ..... title policy number was used in
preparation of this survey plat.
o all access easements need to be platted and the book and page recordation
noted.
8. A condominium map must be prepared and submitted to the engineering
department for review prior to recordation.
9. Section 19-98 of the Municipal Code requires construction of sidewalks for new
construction in areas indicated on the adopted sidewalk, curb and gutter plan,
similar requirements of the land use code notwithstanding. Since there are no
existing sidewalks in the near vicinity the City would like to reserve the right of
having the applicant install the sidewalks at a later date. At a minimum, the
applicant shall provide a flat, pedestrian walking space with a minimum of 6 1/2
feet adjacent to the curb of horizontal space and seven feet of vertical clearance
along the entire frontage.
The ideal streetscape design specifies a five foot buffer space between the curb and
the sidewalk. This may be varied due to site condition or other landscape design
proposals. Given the existing grades, and depending on the final site design and
the possible need of retaining walls, the applicant may prefer to locate the
pedestrian space as close to the curb as possible. In such event, the required width
is six and a half feet in order to accommodate opening doors of parked cars and
parking and traffic control signs.
10. A six foot by six foot utility transformer easement is requested along the western
property boundary, adjacent to the existing location for placing the transformer out
of the pedestrian walkway. Additionally a four foot by four foot pedestal easement
is requested for the utility services to the project.
11. The City of Aspen is planning to pave the street this fall. It would b1, mutually
beneficial if the applicant could mark the general location of the utility taps. By
doing this we can stop the paving in this area and prevent cutting newly placed
asphalt.
12. The applicant is advised that for any work in the public R.O.W., i.e. curb and
gutter, sidewalk, an excavation permit is required. The work requires engineering
department approval on the design plan and the permit is administered by the
street department.
Recommended Conditions of Approval
1. All easements created through this application must be established by a recorded
easement agreement in addition to indicating it on the plat. The plat shall include
the book and page of the recording.
2. The applicant must sign a sidewalk construction agreement prior to recording the
plat and provide pedestrian area as described above.
3. A condominium map must be prepared and submitted to the engineering
department for review prior to recordation. Included on the map must be a
statement that the owners of the condominium must agree to join any improvement
districts formed for the purposes of constructing improvements in the public right-
of-way.
4. The applicant must submit a drainage analysis performed by an engineer registered
in the State of Colorado to the engineering department. This should be completed
prior to the issuance of a building permit.
5. Prior to final approval a revised site drawing must be approved by the engineering
department. The site drawing must include the existing curb and gutter, and show
the existing Tailings Condominium driveway.
6. The applicant convey a six foot by six foot transformer easement and a four foot
by four foot pedestal easement.
cc Chuck Roth, City Engineer
CASELOAD97-021
•
CIT1
130
asp
August. 19, 1992
Marci a L. Goshorn
Gold Key Servi ce
616 E. Hyman Avenue, :-ui t.e .EO".
Aspen, Co 81611
3UBJE.CT: Aspen El ect.ri Fmpl }:ri: Heusi ng
Dear Marcia:
The City of Aspen Water Department does have the capacity to
serve the proposed devel upment at 500 F'ark Ci rcl e. There is a 6'
C. 1 . mai n 1 ocated on Park Ci rcl e that has sufficient volumes and
flows to provide domestic water to the proposed bui l di ng.
Al 1 desi gn, materi al and constructi on shal 1 be i n. accordance wi th
the established standards of the Ci ty of A^hpern. Wai ver of trap
fee:3 wi l I have to be approved by City Counc.i 1 .
Si ncr-rel y,
�
Judy McKenzie, Customer Service Supervi oor
City of Aspen, Water Department
cc: I_e�l i e Lamont, 1.31 anrIi rig Of 1 i ce
Lai ry Pa I enocsr, WZ;tcr Super ritendent
WAYNE L. VANDEMARK, FIRE MARSHAL
420 E. HOPKINS AVENUE
ASPEN, COLORADO 81611
(303) 925-2690
TO: Leslie Lamont, Planning Office
FROM: Wayne Vandemar re Marshal
RE: Aspen Electric Affordable Housing Subdivision, Map
Amendment, GMQS Exemption & Condominiumization Special
Review
DATE: August 17, 1992
We have reviewed the application submitted by Barry & Sharon
Siegel. The site is four and one half minutes from fire department
headquarters. The distance is 1.1 mile. The future required fire
flow will dictate the installation of a fire hydrant near the
existing structures.
Aspen Consolidated Sanitation 1�ist�rict' 1 P + I i9�2
565 North Mill Street �dhL
Aspen, Colorado 81611
Tele. (303) 925-3601 FAX N(303) 925-2537
Sy Kelly - Chairman
John J. Snyder - Treas.
Louis Popish - Secy.
September 9. 1992
Leslie Lamont
Planning Office
130 S. Galena
Aspen, CO 81611
Re: Aspen Electric Affordable Housing
Dear Leslie:
Albert Bishop
Frank Loushin
Bruce Matherly, Mgr.
The Aspen Consolidated Sanitation District currently has
sufficient collection and treatment capacity to provide service
for the proposed Aspen Electric Subdivision. The District
collection line is located in Park Circle and terminates in front
of former lot 3 of the Sunny Park Subdivision. Multifamily
dwellings serviced by a single service line must be serviced by a
six inch diameter service line.
In order to obtain service from the District the applicant must
comply with the District's Rules and Regulations and Line
Specifications both of which are on file at the District office.
Once detailed plans for the development become available and are
submitted to the District office, we will be able to estimate the
total connection charges and issue a tap permit. An impact fee
may be charged in addition to our regular fees in order to
address a downstream constraint.
Please call if you need any further information.
Sincerely,
Bruce Matherly
District Manager
EPA AWARDS OF EXCELLENCE
1976 - 1986 - 1990
REGIONAL AND NATIONAL
•
MEMORANDUM
TO: Leslie Lamont, Planning Office
FROM: Tom Baker, Executive Director
DATE: August 15, 1992
RE: Aspen Electric Affordable Housing Subdivision, Map
Amendment, GMQS Exemption, and Condominiumization Special
Review
SUMMARY: The Housing Office would like to commend Barry and Sharon
Siegel for his affordable housing proposal. The Siegels have
proposed a 100% affordable housing, three unit proposal:
1 category #4 three -bedroom, two bath (1,656 sf), two car
garage (816 sf); and
2 category #2 two -bedroom, two bath (840 sf), two car garage
(500 sf).
This proposal embodies a number of the community's goals: small
scale development on scattered parcels throughout the town; family
oriented, ownership units; private sector initiative using public
sector incentives.... The Housing Office has no recommendation for
changes to the housing component of this proposal.
Thank you Barry and Sharon Siegel.
r.siegel
MESSAGE DISPLAY
TO Leslie Lamont
From: Tom Dunlop
Postmark: Sep 14,92 3:29 PM
Subject: Reply to: sunny park north subdivision lot 3
Reply text:
From Tom Dunlop:
Not that I know of, but my mind is going fast. I looked at a drawing
of the project which showed parking and access off Park Circle. It
appears from the current EPA site map that part of the access and,
parking would be inside the site boundary. If that is the case, and
he is moving greater than one cubic yard of soil, he must contact EPA
in Denver for their approval prior to aettina an excavation nPrm;t-
PUBLIC NOTICE
RE: ASPEN ELECTRIC AFFORDABLE HOUSING SUBDIVISION, MAP AMENDMENT,
GMQS EXEMPTION, CONDOMINIUMIZATION AND SPECIAL REVIEW.
NOTICE IS HEREBY GIVEN that a public hearing will be held on
Monday, October 26, 1992 at a meeting to begin at 5:00 pm before
the Aspen City Council, City Council Chambers, 130 South Galena
Street, Aspen, CO to consider an application submitted by Barry and
Sharon Siegel, 210 Sesame Street, Aspen, CO, requesting approval
of affordable housing subdivision, map amendment to rezone to
Affordable Housing zone district (AH), GMQS exemption,
condominiumization and special review. The applicants propose
three 100% deed restricted employee units in a tri-plex
configuration. The property is located at 500 Park Circle, Lot 3,
Sunny Park North Subdivision. For further information, contact
Leslie Lamont at the Aspen/Pitkin Planning Office, 130 S. Galena
St., Aspen, CO 920-5090.
s/John Bennett, Mayor _..
Aspen City Council
Published in the Aspen Times on October 9, 1992
-----------------------------------------------------------------
-----------------------------------------------------------------
City of Aspen Account
PUBLIC NOTICE
RE: ASPEN ELECTRIC AFFORDABLE HOUSING SUBDIVISION, MAP
AMENDMENT, GMQS EXEMPTION, CONDOM INIUMIZATION AND SPECIAL REVIEW.
NOTICE IS HEREBY GIVEN that a public hearing will be held on
Tuesday, September 22, 1992 at a meeting to begin at 4:30 pm before the
Aspen Planning and Zoning Commission, 2nd Floor Meeting Room, City Hall,
130 S. Galena Street, Aspen to consider an application submitted by Barry
and Sharon Siegel, 210 Sesame Street, Aspen, CO, requesting approval of
affordable housing subdivision, map amendment to rezone to Affordable
Housing zone district (AH), GMQS exemption, condominiumization and
special review. The applicants propose three 100% deed restricted
employee units in a tri-plex configuration. The property is located at 500
Park Circle, Lot 3, Sunny Park North Subdivision.
s/Jasmine Tygre, Chairman
Aspen Planning and Zoning Commission
Published in The Aspen Times on September 4, 1992.
City of Aspen Account
ASPEN/PITKIN PLANNING OFFICE
130 South Galena Street
Aspen, Colorado 81611
Phone 920-5090 FAX 920-5197
MEMORANDUM
TO: City Engineer
Housing Director
Aspen Water Department
Electric Department
Parks Department
Zoning Administration
Aspen Consolidated Sanitation District
Aspen Fire Protection District
Holy Cross Electric Association
County Planning
FROM: Leslie Lamont, Planning Office
RE: Aspen Electric Affordable Housing Subdivision, Map Amendment, GMQS
Exemption, and Condominiumization Special Review
DATE: August 13, 1992
Attached for your review and comments is an application submitted by Barry and Sharon Siegel.
Please return your comments to me no later than September 11, 1992.
The Design Review Committee will be meeting on August 27, at 3:00 p.m., Courthouse Plaza
Building, 3rd floor conference room.
Thank you.
0 t'
ASPEN/PITKIN PLANNING OFFICE
130 S. Galena Street
Aspen, Colorado 81611
(303) 920-5090 FAX# (303) 920-5197
August 13, 1992
Marsha Goshorn
Gold Key Services
616 E. Hyman
Aspen, CO 81611
Re: Aspen Electric Affordable Housing Subdivision, Map
Amendment, GMQS Exemption, and Condominiumization Special
Review
Case A70-92
Dear Marsha,
The Planning Office has completed its preliminary review of the
captioned application. We have determined that this application
is complete. We do, however, need one more copy of your
application.
We have not yet scheduled this application for review by the Aspen
Planning and Zoning Commission or the City Council, but will inform
you as soon as those dates are set.
All applications are now being scheduled for the Development Review
Committee (DRC). The DRC is a committee of referral agencies which
meet with Planning and the applicant early in the process to
discuss the application. This case is scheduled for August 27,
1992 at 3:00 p.m., Courthouse Plaza Building, 3rd floor conference
room.
If you have any questions, please call Leslie Lamont, the planner
assigned to your case.
Sincerely,
Suzanne L. Wolff
Administrative Assistant
form :apz.no.ph
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•
n
•
ASPEN ELECTRIC
Affordable Housing
Land Use Application
0
E
ASPEN ELECTRIC
AFFORDABLE HOUSING DEVELOPMENT
LAND USE APPLICATION
Submitted to :
The City of Aspen
August 10, 1992
•
Submitted and Prepared By:
Marcia L. Goshorn
Gold Key Services
(303) 920-9275
0
•
r�
U
• GOLD KEY SERVICES
616 E. Hyman Ave., Suite 102
Aspen, Colorado 81611
(303) 920-9275
August 7, 1992
Ms. Leslie Lamont
Aspen/Pitkin County Planning Office
130 S. Galena
Aspen, Colorado 81611
RE: Aspen Electric Employee Housing
application for Subdivision,Map Amendment,
Condominiumization,GMQS exemption
Dear Leslie,
On behalf of the Owners,Barry and Sharon Siegel, I am
submitting the Aspen Electric Affordable Housing Land Use
Application. Attached are fourteen (10) copies of the application
for review by the Planning Office and referral agencies.
• The Aspen Electric Project is envisioned as an (AH) Affordable
Housing development by the private sector which is responsive to
community and neighborhood concerns while providing thoughtful,
deed restricted employee residences.
This proposal is based on: 1) (AH) Affordable Housing Zone
criteria; and 2) 1990-95 Production Program; 3) 1990 Affordable
Housing Guidelines.
Thank you for your assistance and guidance in the preparation of
our Land Use Application. Should you have any questions, or if I
can be of further assistance, please contact me.
Sincerely,
V
Marcia L. Goshorn
Gold Key Services
•
A1'IMcifNI, 1
orD WT, APMCMUCW IUM 0
1) Project NameS p c r) M e C b-I c, Sub d 1 '5 l O ►---�
2) Project Iocation Soo P - I r ' l .e-
PVC (A) ct cd r r ss 6S ig nm ens4
• (indicate suet address, lot & block rxmber, legal descripti where
appropriate) nn``
3) Present 7"ling � � P U D 4) let Size /U, 13a0 +
5) Applicant's Naome, Address & Phone #a.,y-rd S itCAr6r1 !'e e I
ICE S�Sc�me, S�ree.� , aPr1 �O(303) 1125-7-79/
6) rwpresentative,s Name, Address & mcm I-Da r C i 0. k l -? C7S k or"rl
Gold i'eu Sec-yiI,es (o F M a n. Su1'Ie -s
7) Type of Application (please' dick all that a 1 3C�3 a o - 9a
. Pp Y)'
Conditional Use ca-Aa-bual SPA tual Iistoric Dev.
Special Review Final SPA Final Historic Dev.
8040 Greenline Conceptual PUD Minor Historic Dev.
Stream Margin Final. PUD Historic Demolition
Maintain View Plane Subdivision HistoricDesignation
f�iniranization AmE��daY 1t • Text/Map aJW Allotment
rot Splivint Line namption
AdjIUS13�
8) Description of Existing Uses (number and type of endsting structures;
ap�imocimate sq. ft. ; nm,Uer of bedroans; any previous approvals granted to the
Prc)�O CA Sckh6w, ISlGr1 Si `e 1S Ce�rrer�'t�c�
0'- U CA-C-0-n+
10)
•
J 1
LaVp you attached the followirer
Reqxxise to Attadmient 2, Mi n i nr nn Sdvn i ssic n Omtmi~s
iwsporxse to Attadment 3, Specific Sub i ssion Cmtects
Re_gmse to Attadrnt 4, Review St-anrlards for Your Application
•
•
• TABLE OF CONTENTS
Preface
1.0 INTRODUCTION
2.0 PLANNING GOALS AND OBJECTIVES
3.0 EXISTING CONDITIONS
4.0 DEVELOPMENT PLAN
5.0 LAND USE PLAN
6.0 CONDOMINIUMIZATION
• 7.0 GMOS EXEMPTION
•
•
•
•
•
0
LIST OF TABLES
Table Title
Dimensional Requirements
Development Data
Resident Generation
LIST OF EXHIBITS
EXHIBIT TITLE
Owner Authorization Letter
Proof of Ownership (Title Policy)
Utility Availability Letters
Pre Application Conference Summary
Pitkin County Intent Letter
Legal Description of Property
TABLE
1
2
3
E*=
A
B
C
D
E
F
E
•
LIST OF FIGURES
FIGURE TITLE
2'U MBER
Location Map
1
City of Aspen Zoning Patterns
2
City of Aspen Existing Land Use Patterns
3
RFTA Map
4
Community Facilities in City of Aspen
5
Community Facilities in Pitkin County
6
Proposed Zoning Map
7
Existing Zoning Map
g
Subdivision Plat
g
Proposed Lot Line Adjustment
10
Proposed Site Plan and Unit Designs
11
• PREFACE
This packet submitted by the Marcia L. Goshorn, applicant
;Authorization to represent owner,exhibit A),on behalf of the
Owners, Barry and Sharon Siegel (exhibit B)
The applicant requests that the City of Aspen to grant land
use approval for the subdivision, rezoning of the new parcel to
Affordable Housing Zone (AH) and approve the development of a 100%
employee deed restricted tri-plex.
This application is submitted pursuant to Section 5-206.2,
Affordable Housing (AH), Chapter 24, Land Use Regulations of the
Aspen Municipal Code.
The specific land use requests are :
* Subdivision (Section 7-1004)
* Amendment to the Official Zone District Map,
Rezoning Approval to AH from R-15 PUD (Section 7-1102)
* Exemption from GMQS (Section 8-104.1c)
Is * Condominiumization (Section 7-1007)
The land use application is divided into seven (7) sections:
1.0 Introduction
2.0 Planning Goals and Objectives
3.0 Existing Conditions
4.0 Development Plan
5.0 Land Use Requirements
6.0 Condominiumization
7.0 GMQS Exemption Request
lithin each section of the application, figures ,-laps and tables
are provided to supplement the text. Pertinent documents are
referenced as exhibits and contained in the Appendix.
0
• 1.0 INTRODUCTION
The Aspen Electric Project is envisioned as a development by the
private sector which is responsive to community and neighborhood
concerns, while providing thoughtful employee units.
With the invaluable help of Pitkin County, by creating a 24,000
sq. ft. lot with a lot line adjustment of open space next to the
Siegel '_ot , we are proposing a subdivision for an AH Zone. The
creation of the new larger lot will happen simotaniously with the
land use approvals for the Aspen Electric Subdivision. of Line
Adjustment, figure 10 and County Intent Letter, exhibit H).2
The creation of 3 (three), 100 % Deed Restricted Employee units
will help to fill the employee housing need in Aspen and it is
hoped that the Aspen Electric Development will make a contribution
toward achieving the goals of the City and County to create a
housing environment which is disbursed, appropriately scaled to the
neighborhood and affordable. The .proposed units are to be , 1 three
(3) bedroon ,2 bath unit which will be catagory 4 and 2, two (2)
bedroom,2 bath units. The 3 bedroom unit will be 1,656 sq. ft. ,with
an 816 sq. ft garage and each of the 2 bedroom units will be
approximately 840 sq. ft. each with its own 500 sq. ft. garage.
(Proposed Unit Designs, figure 11).
• 1.1 PROJECT LOCATION
The Aspen Electric proposed Site is located at the base of
Smuggler Mountain at 500 Park Circle, which is the new assigned
address.(Location Map, Figure 1)
0
•
•
•
2.0 PLANNING GOALS AND OBJECTIVES
The Aspen Electric plan designed to fit with a set of adopted
goals and objectives that are included within the Aspen Area
Comprehensive Plan and the adopted Affordable Housing Production
Program. This section discusses the relationship between the
Aspen Electric development proposal and the Comprehensive Plan ,
and Housing Production Program.
2.1 RELATIONSHIP TO ASPEN AREA COMPREHENSIVE PLAN
The Aspen Area Comprehensive Plan is divided into various
elements, each of which has its own vision or goal. The vision
statements relevant to the Aspen Electric project are listed
below in Bold type, and the planning method used to comply with
the goal is described.
Housing: Create a housing environment which is dispersed,
appropriately scaled to the neighborhood and affordable.
Character: The community should collectively address and resolve
• its issues and problems by considering the interests of all its
citizens.
The Aspen Electric proposal is a small scale development nestled
in an existing neighborhood and creates employee housing
ownership opportunities for 3 (three) family units.
Affordable Housing continues to be an important local issue. By
utilizing the Affordable Housing Zone created by the City
Council, we are proposing a development which will successfully
integrate smoothly into an existing neighborhood. This is very
characteristic of Aspen, to have residents of varied income
levels living in the same neighborhood.
Transportation: Create a creative non -auto oriented public, mass
transportation system which integrates pedestrian and bike trail
system with community facilities and services.
The Aspen Electric Proposal with to its close proximity to the
Centennial Project is on the established Hunter Creek transit
route.
0
•
Balanced and Managed Growth: Encourage land uses, businesses, and
events which serve both the local community and tourist base.
The Growth Management Plan was established to ensure that
components of community growth are mutually balanced. Even with
this "system balance" in place, the community has become
imbalanced as many working residents are excluded from Aspen's
neighborhoods. The Affordable Housing Zone(AH) allows for a few
locals to "buy back into" the Aspen experience, and live in a
diverse vibrant neighborhood.
2.2 RELATIONSHIP TO THE AFFORDABLE HOUSING PRODUCTION PLAN
The Affordable Housing Production Plan is intended to be used as
a tool by elected City and County officials to guide housing
decisions through 1995. The Affordable Housing Production Plan
has identified an 800 unit target over the next five years, if
growth continues in the area. In this production plan the private
sector is responsible for developing 115 units. The Aspen
Electric proposal will produce 3 100 % deed restricted, toward
• that goal.
•
•
•
:.0 EXISTING CONDITIONS
The proposed Aspen Electric site currently exists as a vacant
site with natural vegitation.
�.I NATURAL FACTORS
The Aspen Electric Site is mainly sagebrush and wild grasses.
3.2 MAN MADE FACTORS
There are no man made factors on the site.
3.3 SUMMARY OF SITE FEATURES AND CONDITIONS
The site features opportunities for development. These factors
are summarized below.
Opportunities for Development:
* The site has a variety of gentle topography landform, along
:with an excellent southern exposure orientation.
* There are no significant stands of vegetation , rare or
endangered plants, or wildlife habitat to impede development.
* The parcel is readily accessible via existing roadways. It
is also within walking distance to bus stops/routes and downtown.
* Utilities are proximate with available capacity to serve the
development.
* The Smuggler neighborhood contains a variety of land uses,
intensities of development, and architectural styles.
-n There are excellent views of aspen, Aspen Mountain, and
surrounding mountains.
•
•
E-1
4.0 DEVELOPMENT PLAN
The development plan is for a 100 % deed restricted employee tri-
plex . The units will consist of !(One), 3 bedroom 2 bath,
catagory four unit with a two car garage and 2 (two), two bedroom
two bath catagory 2 units, each with a two car garage.
The creation of 3 (three), 100 % Deed Restricted Employee units
will help to fill the employee housing need in Aspen and it is
hoped that the Aspen Electric Development will make a
contribution toward achieving the goals of the City and County to
create a housing environment which is disbursed, appropriately
scaled to the neighborhood and affordable. The proposed units are
to be , 1 three (3) bedroon ,2 bath unit which will be catagory 4
and 2, two (2) bedroom,2 bath units which will be catagory 2.
The 3 bedroom unit will be 1,656 sq.ft.,with an 816 sq. ft garage
and each of the 2 bedroom units will be approximately 840 sq. ft.
each with its own 500 sq. ft. garage. (Proposed Unit Designs,
figure 11).
The Plan (Site Plan and Unit Designs, figure 11 ) incorporates
traditional, planning concepts and places emphasis on integrating
• the proposed residences into the surrounding neighborhood and
development patterns.
0
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4.1 WATER SYSTEM
The City of Aspen can provide service to the project from its
_xisting water lines. The lines have adequate pressure and
capacity to meet both domestic and fire protection needs of the
project.
4.2 SEWAGE TREATMENT
The Aspen Sanitation District has the adequate capacity at the
-.wastewater treatment facility and in the collection system to
serve this project. (see exhibit C )
4.3 DRAINAGE SYSTEM
A drainage analysis has been done and is reflected on the unit
site plan.
4.4 FIRE PROTECTION
The site is contained within the Aspen Fire Protection District.
The design of the units will be in compliance with the Uniform
Building Code standards.
4.5 DEVELOPMENT DATA
Compliance with Section 5-206.2 Affordable Housing (AH) of the
Municipal Code is shown in Table 1 , Dimensional Requirements.
Table 2 , Development Data, summarizes the Aspen Electric
Developmental proposal.
4.6 TRAFFIC AND PARKING
The proposed development is adjacent to an existint street and
meets the maximum parking requirement parking requirement in the
(AH) Affordable Housing Zone of 2 spaces per unit.
4.7 AFFORDABLE HOUSING
The Aspen Electric Development proposal is in compliance with the
Affordable Housing Zone guidelines , Aspen/Pitkin County Housing
IsGuidelines and 1990-95 Production Plan. The proposal consists of
100 % deed restricted employee housing.
•
to
•
4.8 STOVES AND FIREPLACES
The employee deed restricted units will not be equipped with
:eating stoves or fireplaces.
4.9 PROXIMITY TO PUBLIC FACILITIES AND SERVICES
The Public Facilities Map (figures 5 and 6 ) illustrates the
projects proximity to parks, schools, libraries, governmental
offices,etc. The project is well located with respect to retail
and service outlets.It is on an established bus route which
provides ease of transportation to the downtown area, as shown on
the RFTA Route Map (figure 4)
4.10 EFFECT ON ADJACENT LAND USES
The existing neighborhood consists of multi -family complexes as
well as single family lots. The land use patterns and
neighborhood character will be maintained and strengthened by
this zone amendment.(figures 2 and 3 Adjacent Land Use Maps)
• 4.11 CONSTRUCTION SCHEDULE
Barry Seigel plans to start construction as soon as necessary
approvals are obtained .
0
• 7-0 LAND USE REQUIREMENTS
:he Aspen Electric affordable Housing proposal is subject to the
Following review recruirements:Text/Map amendment,AH Zoning,( AH
Jrdinance amendment ), subdivision, Condominiumization,GMQS
exemption. (Pre -application Conference Summary, exhibit D).
erection 7-1102(A) Whether the proposed amendment is in conflict
with any applicable portions of this chapter.
The proposed development complies with applicable portions of the
Aspen Municipal Code Land Use Regulations as demonstrated within
=his application.
Section 7-1102 (B) Whether the proposed amendment is consistent
with all elements of the Aspen Area Comprehensive Plan.
As shown in detail by Section 2.1 of this submission, this
development proposal is consistent with all elements of the Aspen
Area Comprehensive Plan.
• Section 7-1102 (C) Whether the proposed amendment is compatible
with surrounding zone districts and land uses, considering
existing land use and neighborhood characteristics.
The Aspen Electric Development area is bordered by a mixture of
Hulti-family and single family homes (Refer to Existing Zone Map
figures 8 and 9 ). The proposed Affordable Housing (AH) Zone
district is compatible and characteristic of the existing
neighborhood (Land Use Application, Section 4.10)
Section 7-1102 (D) The effect of the proposed amendment on
traffic generation and road safety.
This project will create off street parking for the residents
that the proposal is generating and will eliminate the parking on
the South Side of Dark Circle which will serve to make that area
safer for pedestrian and bus traffic.
E
• Section 7-1102 (H) Whether there have been changed conditions
affecting the subject parcel or the surrounding neighborhood
which supports the proposed amendment.
Changes within the immediate neighborhood are not a factor. The
Smuggler neighborhood is currently an integrated neighborhood
consisting of freemarket and deed restricted housing types and
intensities. However changes within the community as a whole have
changed substantially in recent years.Substantial quantities of
free-market housing, traditionally used by working residents,
have been removed from the available inventory, forcing a shift
in the permanent employee population downvalley. Additionally,
vacant land within the City of Aspen or nearby vicinity, that is
physically and economically suitable for development of
affordable housing is extremely scarce and expensive.
To address the affordable housing problem, the City, County, and
Housing Authority enacted a comprehensive program. The Affordable
Housing Production Plan establishes a goal of 115 units to be
produced between 1991-95 by the private sector. The Aspen
Electric site is named in that plan as potential site for
development of affordable housing.
Recent changes within the community, support the proposed
Affordable Housing (AH) amendment(Land Use Application, Sections
• 2.1, and 2.2).
Section 7-1102 (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.
The proposed amendment is consistent with established public
policy regarding affordable housing. The adoption of the 1973
Land Use Plan instituted a policy favoring the development of
housing for employees of the community. The current Land Use
Regulations ,Comprehensive Plan, Production Plan, and the Aspen
Area Community Plan (now in process) are further refinements in
striving to attain the community's affordable housing goals.
(Land Use Application, Sections 2.1 and 2.2).
Public policy has also shifted. The private sector is being
requested to become more actively involved in the planning and
development of affordable housing, while the City, County and
Housing Authority have down -scaled their direct involvement in
the development process.
Aspen Electric development will illustrate in real terms
(affordable housing that is built) how the AH Zone works for the
benefit of both, the private and public sectors. It will
hopefully encourage other private sector development of
• affordable housing.
0
Section 7-1102 (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, water supply,parks,
drainage, schools, and emergency medical facilities.
The Aspen Electric Project, based upon APCHA guidelines, should
generate a total population of approximately 7.5 persons. The
employee occupied units should provide housing for about 7.5
permanent residents/employees. ( Table 3 ).
This figure is calculated for the three (3) unit development as
follows; (2) 2- bedroom units at 2.25 persons/unit = 4.5 persons;
and (1) 3-bedroom units at 3.0 persons/unit = 3.0 persons = 7.5
persons.
The proposed development and its resident population should not
over -extent the capacities of existing, public facilities.
Current facilities should be capable of accommodating the service
demands of the project and its residents.
17J
Section 7-1102 (F) Whether and the extent to which the proposed
amendment would result in significantly adverse impacts on the
natural environment.
The development shall not adversely impact the natural
environment (Land Use Application, Sections 3.1 and 3.3.
Section 7-1102(G) Whether the proposed amendment is consistent
and compatible with the community character in the City of Aspen.
Aspen's neighborhoods, including the Smuggler Mountain area, have
been traditionally comprised of various housing types, including
hose which are affordable by working residents. The proposed
Affordable Housing (AH) amendment is consistent and compatible
-.7ith the community character of Aspen (Land Use application,
Section 2.1 ).
•
•
•
6.0 CONDOMINIUMIZATION
The tri-plex proposed for condominiumization is 100 o employee
-,eed restricted which will be built on a vacant parcel.
:,ie are requesting a waiver of the affordable housing impact fee.
The By -Laws of the Condominium Association and the deed
restrictions will be written with the input and approval of the
Aspen/Pitkin County Housing Authority and will comply with alll
employee Housing guidelines in sales price and occupancy.
•
EA
.J GMOS EXEMPTION
_'he Aspen electric -rcposal qualifies for a Growth :?anaaement
uota Exemption unaer land Use Regulation Section 3-104(c)(1)(c).
-he development plan is for a 100 =s deed restricted amplovee tri-
�lex . -he units will consist or 1(One) 3 bedroom 2 bath,
catagory four snit :with a -_.;o car garage and 2 ;two) , ::wo bedroom
Iwo bath catagory 2 units, teach with a two car garage.
;he creation of 3 (three), 100 Deed Restricted 7mpiovee units
will '::elp to fill the employee housing need in Aspen and it is
:.oiled that the aspen Electric Development :will make a
contribution toward achieving the goals of the City and County to
create a housing environment which is disbursed, appropriately
scaled to the neighborhood and affordable. l;:e prcoosed units are
to be , 1 three (3) bedroon 2 bath unit which will be catagory
and 2, two (2) bedroom,2 bath units which will be catagory 2.
_he 3 bedroom unit :will be 1,656 sa.ft.,-.with an 816 sa. ft garage
and each of the 2 bedroom units will be approximately 840 sq. ft.
sach with its own 500 sa. ft. garage. (Proposed Unit Designs,
figure 11).
• The Affordable Housing ?roduction Plan is intended to be used as
a tool by elected City and County officials to auide housing
decisions through 1995. The Affordable Housing Production Plan
has identified an 800 unit target over the next five years, if
growth continues in the area. =n this production plan the private
sector is responsible for developing 115 units. -he Aspen
Electric proposal will _produce 3 100 % deed restricted, toward
that anal.
0
•
•
E
•
•
Dimensional Requirements
Criterion
Minimun Lot Size
2. Minimun Lot Area/Unit
2 bedroom, 300 sq.ft.
2 units =
AH Zone
3,000 sq. ft
1,600. sq.ft.
3 bedroom, 1,200 sq.ft.
1 unit = 1,200 sq.ft.
TOTAL
2,800 sq.ft.
?roposal
3,000 sq.ft.
3,000 sq.ft.
Table
1
n
DEVELOPMENT DATA
lumber Unit Type Category
2 bedroom,2 bath Cat 2
3 bedroom,2 bath Cat 4
TOTAL EMPLOYEE UNITS 3
•
Unit Size
840 sq.ft.
1,656 sq.ft.
Table 2
• July 1, 1992
-12 School Children Estimates/Aspen Electric
Aspen/Pitkin Housing Study- Final Report, July 1991
pg.5 Table 1- All Respondents living/working in Pitkin County
Merged 1990-91 Data ( 1,876 responses)
Household Size
Average number of Adults = 2.0
Average number of Children = .6
Average Household Size = 2.6
Kids in School
3 deed restricted units = 1.8 kids
0 1.8 kids total
•
Residents Generated (
Table 111-A Calulations for Resident
Generation,
APCHA
Guidelines
April 90
thru April 91
pg.4)
Employee units
No units
# bed/unit
res./unit
kids/unit
kids
2
2
2.25
.25
.5
1
3
3.0
?.0
1.0
1.5 kids
Total Residents
7.5
Total Rids
1.5
Table 3
• GOLD IEY SERVICES
616 E. Hyman Ave., Suite 102
Aspen, Colorado 81611
(303) 920-9275
:,-uqust 15i, 1992
Ms. Leslie Lamont
Aspen/Pitkin County Planning Office
130 S. Galena
Aspen, Colorado 81611
RE: Aspen Electric Employee Housing
application for Subdivision,Map Amendment,
Condominiumization,GMQS exempt: -on
Dear Leslie,
Marcia L. Coshorn, Gold Ivey Services, 616 E. Hyman Ave.,
Suite 102,Aspen, Colorado 81611,(303) 920-9275 is submitting this
Land Use Application on behalf of Barry and Sharon Siegel, 210
• Sesame Street, Aspen, Colorado 81611. (303) 925-7791. Marcia is
authorized to act as our representative in this matter.
Barr),Viegell�' Date
Sharon Seigel Date
0
•
0 —1
W
jawyers Title insurance Lorporalion
N.ationai Headquarters — Richmond, Virizinia
Policy Number
85 - 00 - 492958
'JBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS CONTAINED IN SCHEDULE B AND THE PROVISIONS OF
'HE CONDITIONS AND STIPULATIONS HEREOF, LAWYERS TITLE INSURANCE CORPORATION. a Virginia corporation,
Herein called the Company, insures. as of Date of Policy shown In Schedule A. against loss or damage, not exceeding the
amount of insurance stated in Schedule A, and costs. attorneys' fees and expenses which the Companv may become
s
obligated to pay hereunder, sustained or incurred by the insured by reason of:
1 Title to the estate or interest described in Schedule A being vested otherwise than as stated therein.
2. Any defect in or lien or encumbrance on such title;
3. Lack of a right of access to and from the land: or
4. Unmarketablllty of such title.
IN WITNESS WHEREOF the Company has caused this policy to be signed and sealed, to be valid when Schedule A is
countersigned by an authorized officer or agent of the Company, all in accordance with its By Laws
.Lywrs Title insurance QTporation
aresiaent
Attest:
�41 wL-
Secretary
exhibit
Policy 85/99 Litho in U S A.
035-0-085/99-0006/3
Cover Sheet ALTA Owner's Polir. - , R ' �;0
(Rev. 10-17-70and 10-17-841 (7—. -In, Inca
•
ENDORSEMENT
Lawyers Title insurance Corporation
CODE NAME NUMBER
NATIONAL HEADQUARTERS
FORM 100.31 RICHMOND, VIRGINIA
Attached to and made a part of lawyers Title Insurance Corporation No. 85-00-492958
The Company hereby insures in insured against loss which the insured shall sustain by reason of
jimical, but not aesthetic, damage to improvements existing on the land at Date of Policy or constructed
thereon thereafter resulting from the exercise subsequent to the Date of Policy of any rights to use the
surface of the land under the mineral interest referred to in Exception No. 7 of Schedule B ("the
mineral rights"), subject, however, to the following terns and conditions:
1. The insured shall notify the Company promptly in writing in case knowledge shall cane to
an insured hereunder of any actual or threatened exercise of the mineral rights.
2. The Company shall have the right, at its cost, to take any action which in its opinion may
be necessary or desirable in order for the Company to avoid or minimize the extent of its
liability under this endorsement, including, but not limited to any or all of the following:
(a) In the Company's own right, or in the name of the insured for the Company's benefit,
to institute, prosecute and pursue-, to final determination any proceedings at law or
in equity, or before any municipal; administrative, or regulatory tribunal or board;
(b) in the Company's own right, or in the name of the insured for the Company's benefit,
to compel the giving of security-bor4d-vr-.undertaking by the person or persons from wham
the insured is entitled,b _ "�yr-h`urity, bond or undertaking, and in the sane
amount or amounts to which e]�-,rave been so entitled had this endorsement
Y.3..
notbeen issued; and _ I �..
(c) to retain or be paidrbut�bond or undertaking, or out of any
compensation or funds, r cent t
c�;��1G`o.glpaJny or the insured, such amount as will
reimburse the Company r..j@l a n s ei,to the insured by the Company by reason
of the insurance affo ded_by ti, e r teAt,.together with all costs and expenses
incurred by the Cornpapy ,irLco ec t;tie, ewiCh, including attorney's fees.
3. No rights, benefits or def nses-ar it e4- qY shall be deemed to flow or be made available
to any person or entity o[�er't"han h Vre�i by reason of the insurance afforded by this
endorsement, and the insured agre 11 the insured's rights and remedies against third
parties relating to the subj� t-nt ter- this 9'-fdorsenent shall be deemed to have remained
intact, in the same manner as if this:c orsenent'.had not been issued.
This endorsement is made a part of the policy or commitment and is subject to all the terms and provis.
ions thereof ana of any prior endorsements thereto. Except to the extent expressly stated, it neither
modifies any of the terms and provisions of the policy or commitment and prior endorsements, if any,
for does it extend the effective date of the policy or commitment and prior endorsements or increase the
face amount thereof.
IN WITNESS WHEREOF, the Company has caused this Endorsement to be signed and sealed as of the
I I day of AUGUST 19 86 , to be valid when countersigned by an authorized
�;tficer or agent of the Company, all in accordance with its By -Laws.
Issued at____:SPEN, COLORADO
NTERSIGN
LgS ws T & InetL�,7 t^grp Icon
President
An�.n
S�a�1ery.
Au
FORM 5-8 ROCKY MT.
035-2 005-0800
Ofiicvr or Agent
ORIGINAL LITHO IN U.5 A
•
•
•
PURPOSES ONLY AND IS NOT A PART
Oh THE POLICY
Property Type 5 Premium
:uunty 6 Rate Rule
S
1
---` - =T -!a- 15
Zuwrs Title insurance Wrporation
8 Survey An
9 Additional
Schedule A
'8
OWNER'S Poi
CASE NUMBER 1 '.;F OF POLICY I +MOUNT OF INSURANCE 7'CUCr 'iUMBE
THE POLICY NUMBER SHOWN
ON THIS SCHEDULE :1UST
PCT-23-86 :,UGUS'r 1 I , 1986 75,000.00 AGREE WITH THE PREPRINTED 85-00-492958
� I (�d 3:41 P.M. �
NUMBEHONiHECOVERSHEET
1 Name of Insured'
BARRY C. SIEGEL and SHARON L. SIEGEL
2. The estate or Interest In the land described herein and which Is covered by this policy is:
IN FEE SIMPLZ
3. The estate or interest referred to herein is at Date of Policy vested :r
BARRY C. SIEGEL and SHARON L. SIEGEL
4 The land referred to in this policy is described as follows.
LOT 3,
SUNNY PARK NORTH SUBDIVISION,
COUNTY OF PITKIN,
STATE OF COLORADO.
PefTKIN ICO;JNYY TITA./41C.
-- - - ASPEN. COLORADO
Cuun rsiynawrr Aunrunrru �tlaxr w Ayrm Iss
ued at Ilocaiwnl
Policy 85 (Rev. 2 79) This Policy �s invalid unless the cover sheet
Form No. 035-0- 85-0000/3 and Schedule B are attached ALTA Owner's Policy Form B 1970 (Rev. 10 17-7
Lavyers ►itle Insurance kyifration • OWNER'S POLICY
CASE NUMBER DATE OF POLICY THE POLICY NUMBER SHOWN ON THIS SCHEDULE I POLICY NUMBER
MUST AGREE WITH THE PREPRINTED NUMBER
PCT-023-86 AUGUST I I , 1986 ON THE COVER SHEET
85-00-492958
Schedule B
0is policy does not insure against loss or damage by reason of the following:
i Rights or claims of parties in possession not shown by the public records.
2. Easements, or claims of easements, not shown by the public record.
3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct survey and inspection
of the premises would disclose and which are not shown by the public records.
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.
3. Unpatented mining claims; reservations or exceptions in patents or in Act authorizing the issuance thereof; water rights, claims
or title to water.
o Ta::es for 1986 not yet due or payable.
7. Reservations and exceptions as contained in United States Patent
recorded May 20, 1949, in Book 175 at Page 168 and 171, as
follows: the premises hereby granted, with the exception of
the surface, may be entered by the proprietor of any vein,
lode or ledge, the top or apex of which lies outside of the
boundary of said granted premises, should the same in its dip
be foupd to penetrate, intersect or extend into said premises
for the purpose of extracting and removing the ore from such
other vein, lode or ledge.
8. Easements, rights of wav and restrictions, which do not contain
a forfeiture or reverter clause, as set forth in Deed recorded
• March 30, 1964, in Book 206 at Page 301.
9. Terms, conditions and obligations of water agreement between
John L. Herron and Royal Land Corporation and Anthony Beruman,
recorded November 20, 1964, in book 210 at Page 206.
10. Terms, conditions and restrictions as contained in Easement
Agreement by and between Jack Jenkins and Salvation Ditch Company,
recorded September 16, 977 in Book 335-at Page 80.
11. Deed of Trust from :
to the Public Trustee
for the use of
to secure
dated
recorded
•
BARRY C. SIEGEL and SHARON L. SIEGEL
of Pitkin County
COLORADO NATIONAL BANK-GLENWOOD
$55,000.00
AUGUST 11, 1986
AUGUST 11, 1986 in Book 516 at Page 399.
Policy 85 Rocky Mt. (Rev. 2.79) Litho in U.S.A.
Form No. 035.0-085.0502/2 ALTA Owner's Pohcy - Form B 1970(Rev. 10-17.70and 10-17.84)
0RIG!'I;%t Copyright 1969
HOLY CROSS ELECTRIC ASSOCIATION
INC.
'799 HIGHWAY 82
P.O. DRAWER 2150
-LENWOOD SPRINGS, COLORADO 81602
August 6, 1992
Ms. Marcia Goshorn
Gold Key Services
616 East Hyman, Suite 102
Aspen, Colorado 81611
RE: Aspen Electric Employee Housing
500 Park Circle
Dear Marcia:
6031 945-5491
FAXi 945-4081
The above mentioned development is within the certificated
service area of Holy Cross Electric Association, Inc.
Holy Cross Electric Association, Inc. has existing power
• facilities located on or near the above mentioned project. These
existing facilities have adequate capacity to provide electric
power to the development, subject to the tariffs, rules and
regulations on file. Any power line enlargements, relocations,
and new extensions necessary to deliver adequate power to and
within the development will be undertaken by Holy Cross Electric
Association, Inc. upon completion of appropriate contractual
agreements.
Please advise when you wish to proceed with the development of
the electric system for this project.
Sincerely,
HOLY CROSS EL-F,,lCTP-rd ASSOCIATION, !NTC.
J,6ffre /A.Franke,
Staking -Engineer
JAF : rj m
exhibit C
•
•
•
.aspen Consolidated Sanitation District
565 North Mill Street
Aspen, Colorado 81611
Tele. (303) 925-3601
Sy Kelly - Chairman
John J. Snyder - Treas.
Louis Popish - Secy.
Memorandum
To: Marsha Goshorn
From: Bruce Matherly
Date: August 4. 1992
Re: Siegel Triplex Project
FAX N(303) 925-2537
Albert Bishop
Frank Loushin
Bruce Matherly, Mgr.
This memo is to confirm that service is available for the
proposed Siegel triplex project at 190 Park Circle. The existing
development at 190 Park Circle is currently tapped on to the
District system.
We have not seen plans for the development contemplated and will
make detailed comments as the project progresses through planning
department review.
EPA AWARDS OF EXCELLENCE
1976 - 1986 - 1990
REGIONAL AND NATIONAL
:Marcia L. Goshorn
• Gold Key Services
616 E. Hyman Ave.,Suite 102
aspen, Colorado 81611
303) 920-9275
July 1, 1992
11r. Larry Ballenger
Director of Water,
City of Aspen
130 S. Galena
Aspen, Colorado 81611
RE: Aspen Electric Employee Housing
Dear Larry,
I am representing the owners of the proposed subdivision at
500 Park Circle, which is North of the Tailing Condominiums on Park
Circle. The proposed development is for a 100 % employee deed
• restricted tri-plex consisting of 1 (one) 3 bedroom 2 bath, unit,
and 2 (two) bedroom, 2 bath units each with a private garage, The
approximate total living space will be + 3,400 square feet.
As part of this submission, I need to provide a letter of
availability of service from the Water Department for the
City of Aspen. Please provide me with that letter and any
additional comments that you deem pertinent.
Should you have any additional questions or comments, please
`eel free to call.
Sincerely,
Marcia L. Goshorn
0
• Marcia L. Goshorn
Gold Key Services
616 E. Hyman Ave.,Suite 102
Aspen, Colorado 81611
(303) 920-9275
July 1, 1992
Mr. Ray Patch
Rocky Mountain Natural Gas
113 Atlantic Ave.
Aspen, Colorado 81611
RE: Aspen Electric Employee Housing
Dear Ray,
I am representing the owners of the proposed subdivision at
500 Park Circle, which is North of the Tailing Condominiums on Park
• Circle. The proposed development is for a 100 o employee deed
restricted tri-plex consisting of 1 (one) 3 bedroom 2 bath, unit,
and 2 (two) bedroom, 2 bath units each with a private garage, The
approximate total living space will be + 3,400 square feet.
As part of this submission, I need to provide a letter of
availability of service from Rocky Mountain Natural Gas. Please
provide me with that letter and any additional comments that you
deem pertinent.
Should you have any additional questions or comments, please
feel free to call.
Sincerely,
.iarcia L. Goshorn
0
Marcia L. Goshorn
• Gold Key Services
616 E. Hyman Ave.,Suite 102
Aspen, Colorado 81611
(303) 920-9275
July 1, 1992
To Whom It May Concern
U.S. West Communications
P.O. Box 220
Glenwood Springs, Colorado 81602
RE: Aspen Electric Employee Housing
Dear To Whom It May Concern,
I am representing the owners of the proposed subdivision at
500 Park Circle, which is North of the Tailing Condominiums on Park
Circle. The proposed development is for a 100 % employee deed
restricted tri-plex consisting of 1 (one) 3 bedroom 2 bath, unit,
• and 2 (two) bedroom, 2 bath units each with a private garage, The
approximate total living space will be + 3,400 square feet.
As part of this submission, I need to provide a letter of
availability of service from U.S. West Communications. Pleas
provide me with that letter and any additional comments that you
deem pertinent.
Should you have any additional questions or comments, please
feel free to call.
Sincerely,
Marcia L. Goshorn
•
Marcia L. Goshorn
IS
Gold Key Services
616 E. Hyman Ave.,Suite 102
Aspen, Colorado 81611
(303) 920-9275
July 1, 1992
To Whom It May Concern
United Artists Cable Vision
201 AABC
Aspen, Colorado 81611
RE: Aspen Electric Employee Housing
Dear To Whom It May Concern,
I am representing the owners of the proposed subdivision at
500 Park Circle, which is North of the Tailing Condominiums on Park
Circle. The proposed development is for a 100 % employee deed
restricted tri-plex consisting of 1 (one) 3 bedroom 2 bath, unit,
• and 2 (two) bedroom, 2 bath units each with a private garage, The
approximate total living space will be + 3,400 square feet.
As part of this submission, I need to provide a letter of
availability of service from United Artists Cable Vision. Pleas
provide me with that letter and any additional comments that you
deem pertinent.
Should you have any additional questions or comments, please
feel free to call.
Sincerely,
Marcia L. Goshorn
CITY OF ASPEN
• PRE -APPLICATION CONFERENCE SUMMARY
PROJECT:
APPLICANT'S REPRESENTATIVE: 0) (��-Lt_Lt
:REPRESENTATIVE'S PHONE:
OWNER'S :TAME: JPYL��-x_� �) 1, _P
•
SUMMARY
1. Type of Application;
Q MQ
Describe action/type of development being requested:
n _ . , . n
r
c
3. Aveas is which Applicant has been requested to respond, types
o re orits a sted :
Policy Area/
Rgferral Agent_ Comments
lee
— CUti 7j
Upa4a
4. Review is: (P&Z Only) (CC Only) _(P&Z then to CC)�
5. Public Hearing ( (YES)-) (NO)
6. !lumber of copies of the application to be submitted:
_T/0
ri o
What fee .ias applicant requested to submit:
3. Anticipated date of submission:
9. COMMENTS/UNIQUE CONCERNS
�rm.pre app
TELEDYNE POST N3.
Fig ukre- / O
FINAL_ 17LAT CP
/
A
LO-T
AQUIRING PAtzC-EL-:
I-0T 31 SUNNY FAKK Nn1 ZT�H SUt3pIVlSION,
GIT`N OF A .,MN, PITKIN COUNT`l, COLOIeAlX�,
A TFZ,CT OF I--ANC7 SITUATE=D 1N -rHF- SCX�THF T
QUAiZTE.FZ OF SECTION 7, TOWNLSt-IlP 10 ',OLM
iZAN 84 V EST OF THE CoTH Mf-KIDIAN,
p(TKIN COUNT1I, COLORAtO, t5t�:IN& PAKT OF
THE "MASCOT -T'E." LDiE MINPIL, CLP\IM U•S.M.S.
58Co7 PPFtT OF T F- "91" LDDE MIN Q( CLAM
(or 3q ; t✓(OK #'AI{TI GULfINzl �i �EsCFZ(P�ED
,46 1 OLLOWS
t3EC�fNNING A-F ON THE WF.STE1ZL1-f l---IiJE
OF" THE SA V " MAS COTT E." I.ODE WHICH 'FOI NT
It, AI_-70 Tl-I E M, `-r EASTE <1_11 GDKNI Et-- Of=
5^(tom 1-•OT 3, THENCE THr FOLLOWING COUizsES
VtSTPNGE.5: N45°24'29"r— CACv3.II t=T; S °3OGb"F.
f52.40 FT ; N 5&032'00" E• 15.'>7 FT; 544°43' o3°E
140.14 FT. ; S 45° IO'4V W
ICv. 33 ♦=T. ; 5 &,- 15' Oo" E 144. 22 PT.; 5 15012' Y-V tN
241. 33 PT; 5 44' 39' 40" W 230.1-7 FT; N 3404020" W
&A3 00 FT; N 720 33'40" W 245.40 FT.; N 55°5040"W
I1�.2.( FT, N 2(002'0b"W Ita.25 f=T; N45'24'2t"E
I tCo. Cv2 FT. To THF- M(NT OF
C0NT,A,tNIN6- 95.073 AGKES MOF-E Dft I_Ex.
SIEGEL • MASCOTTE LOT LINE ADJUSTMENT
OWNER5' CE1-TIFICAT�:
i _ \ KNOW ALL MAN Ft4i TH>=5E.. FRESE.t�rTS 7t4A
1!-)<\rK4I C. * 5(-IA,RON L_SIEG,EL r'5F-IN& -TT-E
OWNEK., MORTGAGEE OF, L-IENIIOLDF-K OF
1 ✓✓ G1=RTA1N t-AND5 IN PITKIN COUKT`I, COl-OKAfJO,
I
°i f�ESGIZIbED AS �OLt� !-Cs7 3, SUNN`l PARfC
C' �\ NOKTN 51JMPIVP1 )ION, CIT`( OF ASPEN, CDL0KA D,
l i l
p \ > \I a AWD PITKIN COUNT`( t30AKb OF COUNTS COM M l5S(ONEr�ZS
AS DWNF-K OF AN AVOIDINIfy� P^KCEL OF LAND
p (0 r° i °v� ;��' COMFR15E✓IfJCa ^ POETIC N THI✓ "MA5CLTFT�°
lr6,0<07 /.Nt7 TIE "99" U.S. M.S. " Co8`t�T PATENTED
�OWQZ� Fd l2E Mjr-V-� Cl-AIMS A5 5t-iOWN HEREIN HAVES 51f
c::a 0 +. THESE PRES NHS JV- THE I F , M(JTAL- WT
UNDER T-1F- NAMFE Al lT7 571ILE OF 5EIGL_ • NAA` -
t' �. �` \ COTTF, LOT -fNE. ADt,TUSTMI✓INT.
/� f3AfZK I C. SIEC--E•L.
V I C I N I T Y tvl� SHARON L. 5 (DEL
EXEGU-iI✓1) TI--S I S_ t'2A11 OF , I.1 `I Z .
GI-IAIKM^I, P(TG(N CCUN-icl
I-dOAKD OF COUNrcl CONW95ICNE-I;�15-
E.XEC0TEC7 T-(15—PA'I OF
N _ MOIZTC�t�P.�. OFF L-lfrNf-IOLDI=.F�
EXECUTED THIS— DP I OF ,
o X7 IGb 2co -100 -400 FEET
SCALE: I"= Imo'
OF U.
COONTH ENGINE.EK'5 APPir0\/� L._:
TNIS PLAT OF • MASGDTTF- WT i. ,'NE.
ADJUSTNvNENT (S AFPK0VfF-0 FtM THE P1 7t� IN COCt4T-4
F-NCI NFEIi C:F __, t 9 `12.
CO UNT4t F_l I NEE tz
C';,. O. C_ C. 1A\P C>\/AL:
T�I(5 PLAT OF SEIGEL LOT LINE.
ADL7`ISTMEtJT I5 APPRO`/EO t39 THE PITKIN COUNTK
l3DAt-0 OF COUNTK COMMK610 IEtZS -rHf5 PAC(
OF ,I!12
Cf-IAIKK AN, PITKIN COUNTK
t3. O, G . G.
ACCEPTA NCI~ f M KECOFZDINC :
TH(S PLAT IS ACCF-PTP•D FOK FtLlt4I , IN THE
OFFICE OF THE CLEF- ANTS KECOPDF-K CF
PITKIN COUt1,NT(f, THIS PA�t
OF I `(�I 2 IN PLAT r- U I<
ON FACE , RECEt'TANCE _
CLERK ANb (;tECIOK PFK
STATE OF COI-OR^DOO �
CDUNF-f OF P(TKtN
THE FOCZEGOIN& INSTKUM7 .:I WAS /ACKNOWLEDGED
13EFOKF- ME A 11Dm L•51� L
AS OWNE[Z5 OF THE s\J30VE PESC1` E77 LoT 3,
WI-rNE55 Mil t SANt7 AND OFFICIAL 5 1
M°I COMMIS51ON PXP:tZES:
NCTF^K-I PUi3L lG
STATE OF COL1JI�tX�S.S.
COUt-FP7 OF PITKIN
THE FORE&01W:� INNSTRUMETN WAS AG NDWj EIXOEfl
MIF-FOR,F- ME. >30 As C -LN RMi�IV
OF THE PITKIN CCO` cf f'7OAKD OF COUNT11
COMMISSIDNERS AS OWNI=fZ OF THF- Af:xO (E
I7t-EeCr-Q r3I✓rJ PAKGE� .
W I-FNr-5s WlHANO AND OFFICIAL SEAL_.
M&f CDM}✓llxtGN EXPIRES:
NoT^F� PUrl!)L(G
5TRTE OF
COUN FFH of 5.5.
-T-H= (=OKEC-Cl-- WAS ACKNOWL-I�Lr,�D
P5EFtDRF- F511 AS MDIZTC�P��
OF TN+iF- A130YE I-0T 3.
WITNr--2`z:, Mcl t-i D ANTI OFFIG(Al-. SEAL
MCI COiviNltss(ON F�PIfZES
NOT-1A\K1I P0131-112-
gU1ZVEY0" CeKTIFIGATrl:
1: THAT THIS V�r f-CC,UKATF-1-H
DEPICTS A SUKVf=.c/ PERF0KMETD UNIDr.R M11
rDIKE:CT SUFERVIS(DN IN JUNE. -,ND L7UL'1, 1`i92.
N-V KE.51EA-�H WAS PEKCOKME5o' AS KEQVESTET
I3�f THEE CL I EhCFS AS TO CAW N E(r bF41 P C IK P05S (13 L>
>`-ASEMI=MIS OF RE.CO(zT7.
AL12I N E: SURVE�fS INC. t3H
upon any defect in this survey within three years after you first discover such defect. AIp�11e Suit/ 9
In no event may any action based upon any defect in this survey be commenced n,. //em�ss o,.
more than ten years from the date of the certification shown hereon. PoOffice flee Box 1730
Aspen, Colorado 81611
303 925 2688
Surveyed C� l l- 9 2 G. C Revisions
Drafted 7 . 7 2 ice. 7;z, .
Title CvFL - KA.!5C0TTE LDT L.JNE No `IZ - 15
Client f,tEGrL-
•
Pitkin County
April 17,
:GIs. Leslie Lamont
Aspen/Pitkin Planning office
130 South Galena
Aspen, Colorado
RE: Barry Siegel land donation
Dear Leslie,
This is to clarify the intentions and concerns of the Pitkin County
Commissioners regarding the above --noted matter.
As you know, Mr. Siegel approached the County some weeks ago with
a proposal that the County donate to him certain mining claim
properties held in County ownership for the purpose of increasing
the area of Mr. Siegel's property to the extent that he could
subdivide that property and develop a portion of it under AH
zoning. It was our understanding that no money would change hands,
but that the consideration for the County's donation would be the
addition to the affordable housing inventory provided )ay Mr.
Siegel's efforts. The County Commissioners were in conceptual
agreement with this proposal under the following broad conditions:
- That any and all land transferred to Mr. Siegel be permanently
sterilized against any future development. The County has managed
its mining claims in the Park Circle/Midland area as open space and
we want to assure that this management direction remains intact.
In fact, we would welcome_ this opportunity to resolve the status
of the County -owned Mascotte and 99 Lode claims by imposing a
permanent open space designation on them through this process.
-- That any increase in Mr. Siegel's holdings does not provide him
with an opportunity to increase the size of his existing dwelling
unit or to carry out any other development on his property that
does not now exist, :with the exception of his affordable housing
proposal. Tn other words, we want to assure that the donation
would support affordable housing development only and not any other
improvements or developments that could increase the value of Mr.
Siegel's property. We do not, conversely, want the transaction to
reduce Mr. Siegel's current FAR or any other pre-existing
development rights.
- That the housing developed through
this process be appropriately
deed -restricted and managed so as to
provide a meaningful addition
to the local affordable housing
inventory. The County is
sympathetic with Mr. Siegel's objective of providing housing to his
Administratiort County Commissioners County Attorney
Personnel and Finance Trdr*pwWion
530 E. Main, 3rd Floor Suite B suite I
Aspen, CO 81611 506 E. Main Street 530 E. Main Street
Suite F Facilities
530 E. Main Street 76 Service Center Road
(303) 920-5200 Aspen, CO 81611 Aspen, CO 81611
Aspen, CO 81611 Aspen. CO 81611
(303)920.5390
FAX 920-5198 (303)920-5150 (303)920.5190
(303)920-5220
FEE`�
e X 1
printed on recyded paper
own staff, but concerns do arise when a single person is both
employer and landlord. T1e would urge Mr. Siegel, the Housing
• Authority and the Planning office to develop appropriate deed
restrictions for these units that will assure that the units are
occupied by bona fide local employees, either Mr. Siegel's or
otherwise; that will limit rents or sale income to either Mr.
Siegel or any future owner to a levels that are tied to employee
income and consistent with rates and prices in similar affordable
tiousinq circumstances; that will provide Mr. Siegel with a fair
opportunity to place his own employees in the units; and that will
guarantee that the units will stay in the affordable housing
inventory should ownership change.
If these concerns are satisfied, we will be prepared to make a
donation of appropriate size to Mr. Siegel pending approval or his
plans through the City review process. Please let me know if you
want further clarification or information regarding this matter.
ours ^'t�ru
Mar ' Fu r , ' ve opmenDirector
Pitkin County
• cc: Reid Haughey
Tim Whitsitt
Tom Baker
Barry Siegel
0
NW 0e a
• .,p
' �� . � �� � ����+fir \ ' 1 �`� `�•�;•:�' 4 � ►� .,all' ORNMOMMS
� !s � � _� Sit •� s
e. •`� ```� try► l�� , r� -
f
LW
RAP V
Lz MR
'`� ���1 � -a :: --ate � • �� � w
1144
'�• • • _ •
•
E
•
MOTES i;j. ('SC(JND!5 f7ESCRI PTfON:
L TRACT OF 1-"'J-V tATUATEb IN SECTION 7,
TDW N sI-I1 t' 10 5C(�i+ i , I<AI�E E"4 WEST OF T}-+r-
&, TH G'. M . ; �-OF-C F;MKT ICULAfzLK GF�GR j P�Cf>
�lS rOL(--OW5 '
(-t)CGINNIN& ^T Tli4E M05T COKHE<
OF FOIzMEK LOT 3, NOKFH
S(]rj>7l�/IS(ON; GIT4-(' OF ASFErt, PITKIN COUNT-1,
i HE FOLLOWIN-� CCUIQ5E`�)
00° 21 ' E 37.E
�5 FT 5 45� 2�' 2�t" W
Co I. °W N 5Z°�' Y2�e
i3f3.C4 FT.; N 2a°CO'004 F- ►2O.Q0 FT. `J52°CO'r—
I72. 11 FT. 10 T'00- r OF
0.4 Z l q AGK1✓S N�-E 0E- LE".
The new assigned address for the three units is
500 Park Circle, 508 Park Circle and 510 Park Circle.
exhibit F
•
•
n
a
•
VIVO"
9� 1
lqwsw roffi.- I
wm---ja
kMI I i ir I I I
Aspen Area Community Plan
Aspen/Pftkin County Planning Office
Shoe Title:
Legend: Scale:
Map 3A
CC-CL Commercial Core/ 1' : 400,
City of Aspen
Commercial LodgeNorth
C-1 Commercial
Zoning Patterns
0 Office
NC Neighborhood
JICommercial
SCI Service/Commercial/Industrial
LTR Lodge/Tourist
L-P Lodge Preservation
RMF/ Residential/Multi-Family
RMFA
IVIHP N'lobila Home Park
ED R-15 Residential
R-30 Residential
R-6 Residential
E2 RR Rural Residential
C Conservation
SPA Specially Planned Area
PUB Public
P Park
Pitti. ce
Date: January 1991
Note: All boundaries are approximate, to be used
for general planning P"Toses.
-F i cl tj ff- es 2
L 1 • L • ,
BI j
I � I
Nlgl�llllllillilllllllll� Iniq�l�►� �muii� -
to ��� • . .
mm huh
'la _ ����►� III =�� _
/
� —• _% ���iii: � -= % %'� ��%////III -r ,:
••r•
10
�ro
. / .�•••+••••.+ .• •sue_ NR all
� � et•t•tata� ��t e
/ Date: January 1991
Note: All boundaries are approximate, to be used
for general planning purposes.
f i cgu re 3
•
•
•
BUS ROUTES and
City Map
�Wv-m
FORK TRANWAGEN"
/NG
SOLOMW
IVtiO�MiAIN ASPEN HIGHLANDS
ASPS
,t
i1
t
w •
}iU►JIER T G-
AND CENTENN IAL
CONDOS--- REh=�.NtA1 �-
Airport Sherfifife
Bus service between the airport and Aspen is simple and
economical with the airport shuttle. The shuttle runs twice per
hour on the hour and half-hour, and the cost is just S2.00.
skier shuttles. RFTA provides year-round service between Aspen
and Snowmass Village from 7:00 am - 11:00 pm throughout the
year, and until 1 am during peak season. The 30-minute trip costs
S 1.50 per possenger. Buses depart at :15 past each hour, with
additional service during peak periods.
skier sh— tt_s
In the winter, RFTA buses are equipped with ski racks for our free
skier shuttles to all four ski mountains. Continuous service is
provided to and from Aspen Highlands and Snowmass 8:30-10:30
am, and 2:30-4:45 pm. Mid -day service is provided 10:30 am-2:30
pm at :00 and :30 past each hour. Free shuttle service is provided
between Aspen and Buttermilk every 15 minutes 8:15 am- 4:45 pm.
ft
IArZ
GILLFSPIE 5'i:
r'.i L•' `�
ASPENIMStTfUTE
1
ra
925m8484
IV PYRAMID
I
ff -. - •\S
,pc �-
i:ichlanas Valley subdivision just east of Aspen from
RFTA provides free service to Aspen Volley Hospital and the 7:00 am - 11:00 pm throughout the year, and
Aspen Highlands ski area from 7:00 am - 11:00 pm throughout the until 1 am during peak season. Buses depart
year, and until 1 am during peak season. Buses depart Rubey Rubey Park at :25 and :55 past each hour
Park at :15 and :45 past each hour. Buses depart Aspen High- Buses depart Mountain Valley at :05 and :35 past
lands at :05 and :35 past each hour. each hour.
Snowbunny
prove es ree service to the Rio Grande Parking Plaza, the RFTA provides free service to the Cemetery Lane
Post Office, and the Hunter Creek/Centennial subdivisions just subdivision just west of Aspen from 7:00 am - 11:00 pm through -
north of Aspen from 7:00 am - 11:00 pm throughout the year, and out the year, and until 1 am during peak season. Buses depart
until 1 am during peak season. Buses depart Rubey Park at :00, Rubey Park at :00 and :30 past each hour. Buses depart Red
:20 and: 40 past each hour. Butte Drive at :15 and :45 past each hour.
RFTA MAP
figure 4
•
•
•
tioeth
i
991
5
• • .err ��� � - � •
•
Mt. Baldy
•
/?
Cozy Point
&P)
Owl Creek Road
e/ l
e 1
G
c�
o`
0
P
35 \\
18�
12
Asoen
Pitkin
Airport
22'
10
hen
White River
1
National Forest
' I -
I
I C _�—
I
Buttermilk/ tie Clack
e
o.
o�
.l
�r
I 1
i
I Aspen
Area Community Plan
Aspen/PitWn County Planning Office
t
ShootTtne:
I
Legend: Scale:
12
Aspen/Pitkin County Airport 1"= 1000'
I15
Pitkcin County Maintenance Facility North
Community
16
Proposed Health and Human
'
IFacility
17
Services Building
Assisted Living Center r ��
Locations
18
Bus Maintenance Facility '
20
Holy Cross Electric Power Plant
Iin the
21
Rocky Mountain Natural Gas Co.
Pitkin County
y
22
Wastewater Treatment Plant
24
Aspen High School
Aspen Area
25
Aspen Middle School
28
New Elementary School Site t
29
Aspen VHospital _
30
ry Day School
Ashen Country
C1�
31
Wildwood School t
Red\Butte
35
State Highway Dept. Maint. Facility
39
Misic Associates of Aspen
25 / `29
Shoop -
I( Mounla,n
I
I— 9
e
39
30
White River
National Forest
Aspen
Mountain
Hunted Gt/
SmuCCJer Mountain
t
I
l I
9
O
T
O
'f =
9 0
s =
O
M
Data: January 1991
figure
31
0
:•f ram" �� �•:...; \ fpr?'•�•/ �', -�' ' • - I
ye
et r
r'GOLF COURSEOF, -
\ • i I+ ,, \ \� :?:•'.
XI
ui
r 71 way _�•,ri
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-$� Proposed
-- figure 7
Ago �,ye u k tl a o �eC orG�c _
• 0,yC"rfll
i �90
ORDINANCC CF THE BOARD OF
COUP'TY COMMISSIONERS OF PITRIN COUNTY, COLORADO
GRANTING EASEMENT OVER THE SALVATION DITCH
FOR LOTS 3 AND 5, SUNNY PARR NORTH SUBDIVISION
ORDINANCE NO. 87- OR-iS
WHEREAS, 8040 Greenline Review Approval was granted by the
Planning 6 Zoning Ccmmission of the City of Aspen on August 5,
1386, for Lots 3 and 5, Sunny Park North Subdivision) and
WHEREAS, as a condition of the approval the applicants were
directed to negotiate with the County for access over County
property across the Salvation Ditch to the lots; and
WHEREAS, on August 11, 1986, the Board granted a temporary
right-of-way access to Lots 3 and 5, based upon this condition,
and pending resolution of issues relating to the grant of a trail
easement; and
WHEREAS, relocation of the trail easement has not yet been
determined, and will probably not be determined in the near
future; and
WHEREAS, the temporary road right-of-way access agreement is
for one year only, and upon expiration the property owners will
no longer have legal access to their property; and
WHEREAS, the lack of a permanent access easement to these
properties works a hardship upon the property owners; and
WHEREAS, the grant of a permanent access easement is in the
public interest, and not detrimental to the interests of the
County at large.
NOT THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY COMMIS-
SIONERS OF PITRIN COUNTY, COLORADO, AS FOLLOWS:
Se�ti_ o_n One
The Chairman of the Board of County Commissioners of Pitkin
County, Colorado, is hereby authorized to convey a permanent
access easement to the owners of Lots 3 and 5, Sunny Park North
Subdivision, which shall be an easement appurtenant to Lots 3 and
5, and shall run with the ownership thereof. Said easement shall
be granted in substantially the form as contained i, Exhibit "A"
attached hereto, and subject to the conditions specir.ied therein,
fig ".ti � . ,r , y�.�� ;Fr �. !K` � - • .
EXHIBIT "A"
U M.NT .RPPM NT
This easement agreement made and entered into this day
of , 1987, by and between the Board of County
Commissioners of Pitkin County, Colorado (hereinafter reterred to
as "Grantor"), and Barry Siegel and Robert Smith, (hereinafter
referred to as 'Grantees").
WITNESSETH:
WHEREAS, Grantor is the owner of certain real property
within Pitkin County adjacent to the Sunny Park North Subdivi-
sion, as shown on the plat of the Sunny Park North Boundary
Adjustment and Annexation Map, recorded in Plat Book _ , at Page
of the records of the Pitkin County Clerk and Recorder;
and
WHEREAS, the Grantees are the owners, respectively, cf Lots
3 and 5, Sunny Park North Subdivision, and as such desire
permanent legal access to their property; and
WHEREAS, the Grantor wishes to convey, and Crantees to
accept, a perpetual non-exclusive easement appurtenant to Lots 3
and 5, over and across the abcve-described lands of Grantor along
the alignment of the Salvation Ditch Pipeline from the Smuggler
Mountain Rcad to the boundary between Lots 7 and 5 of the Sunny
Parr North Subdivision, all as shown on the map recorded in Plat
Book _ , at Page
NOW, THEREFORE, for the sum of Ten Dollars ($10.00) and
nther good and valuable consideration, the receipt and suffi-
1
H
► s:` :K
`CIO,
yn —
ciency of which are hereby acknowledge(] the Grantor hereby grants
"'I conveys to the Grantees, its successors and assigns, a non-
exclusive easement appurtenant to Lots 3 and 5, Sunny Park North
Subdivision across the property owned by the Grantor, along the
alignment of the Salvation Ditch pipeline from the Smuggler
Mountain Road to the boundary between Lots 7 and 5, Sunny Park
North Subdivision, as shown on the Sunny Park North boundary
'ujustment and annexation map recorded in Plat Book _ , at Page
of the records of the Pitkin County Clerk and Recorder,
subject to the following conditions:
1. The Grantees accept this easement based upon the
condition of the road as it exists on the data of this
agreement, and shall make no demand upon the Grantor
for any imprry ement tv the condition of the access at
any time.
2. The Grantees shall enter int,) an Easement, Use and
Maintenance Agreement in a form satisfI ctory to the
Grantor to provide tLe Owner of Lot 3 with an ease.ent
appurtenant for ingress and egress for the use of
pedestrian and vehicular traffic over Lot 5 to Lot 3.
The Grantees shall also agree to maintain the easement
in a condition suitable for the ingress and egress of
pedestrian and vehicular tr,"ffic over the full length
of the easement granted herein. The Grantees shall
agree to share in the cost of maintenance and repair of
said easement. The Agreement shall be binding upon the
2
• �iMYw7 M «%
successors and assigns of the Grantees.
3. The Grantees shall not interfere with access to Lot 7,
Sunny Park North Subdivision over this easement, and
shall not cause undue hardship to the Owners of Lot 7
regarding the use of this easement.
4. The Grantees shall assume all liability based upon the
condition of the easement, and the Grantor shall not be '
liable for damage caused to
Persons or property,
including the interests of the Salvation Ditch Company,
caused by the condition of the road at any time or
vehicular or pedestrian traffic on the easement or
other use thereof.
5. The rights, duties, and obligations herein contained
shall inure to the benefit of and be binding upon the
parties hereto, their successors and assigns.
ATTEST: BOARD OF COUNTY COMMISSIONERS
PITKIN COUNTY, COLORADO
By:
Pat eelfont
Deputy Clerk George Madsen, Chairman
APPROVED AS To FORM: '
T0---.
County Attorney
(Acceptance on Following Page)
f °L
3
N q0W
•. ::ez=thy; ;� .,
� P^��
' � •` 1�4�
.l
..•� ..ham
��1I"l�
�
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��{
ACCEPTANCE
Barry Siegel
STATE OF COLORADO
)SS
COUNTY OF PIKTIN )
The foregoing was acknowledged before me this
19_, by
Witness my hand and official seal
Notary Public
(Address)
My Commission expires:
Robert Smith
STATE OF COLORADO )
)SS
COUNTY GF PIKTIN )
The foregoing was acknowledged before me this
19__, by
Witness my hand and official seal
Notary Public
(Address)
My Commiosion expires:
esmt.agr.siegel.smith.ts
4
♦ qW
day of
day of
Blake said that the misplaced sign had been in place for
approximately 20 years. He said that the tendency in the County
was to leave some of these types of peripheral issues unresolved,
but he advocated the complete resolution of these matters
together. f.a."'
r
Kelly wanted the exchange of deeds as soon as possible, in that
his client was continuing to erect expensive fencing on the i
property, and felt it was important that the alignment issues be
resolved prior to fencing. He felt that SRA should come to him
or his client. Blake said he would get SRA to contact Kelly the
following day.
Kelly said that his client was not opposed to allowing the
existing sign to remain, but he was insisting on control of any `
future changes to that sign. Kelly gave his guarantee to the 1
Board that the matter was not one of money for his client.
Tom Blake moved to table the issue until June 8th, 1987.
George Madsen commented that his opinion was that the issue was a
private matter. Crowley agreed. Kelly commented that if the
BOCC held up the approval of the road matter over the sign issue,
they would be taking away the owner's ability to negotiate fairly
regarding the sign with the SRA, [as the owner couldn't afford to
hold up his fencing and other plans while waiting for a
resolution regarding the problem of the sign.]
Blake's motion died for lack of a second. At 4 0 0pm, Fred
Crowley moved approval of the Ordinance Authorizirg the Execution
of Quit Claim Deeds to Correct an Easement for Brush Creek Road.
Colette Penne seconded. The motion passed 3-1, with Tom Blake
dissenting.
Tom Smith said he would follow up on the matter to see that it
was resolved.
uBTIC HEARING AN ORDINANCE GRANTING EASE OVER TH1
..V TION DITCH FOR in_TS 3 SUNNYPARK NORTH SUBDIVISION Tom
Smith
The public hearing was opened and closed without comment, as
there was no one in attendance wishing to be heard on the item. `
Smith explained that there was a temporary access granted V
currently by the County, but the owners were requesting a
permanent easement to satisfy refinancing lenders. The item had
been held up pending a resolution of the placement of trail K
easements on the properties by the City. As the trail easements
were going to be required in any event by the City, Smith
recommended approval, subject to the conditions contained in the t:
BOARD OF COUNTY COMMISSIONERS 19 MAY 26TH, 1987 e�
,h"
ordinance and the attached Exhibit "A", entitled "Easement
Agreement.''
Colette Penne moved approval of the Ordinance Granting an
Easement over the Salvation Ditch for Lots 3 i 5, Sunnypark North
Subdivision. Fred Crowley seconded. After Some further
discussion, a vote was taken on the motion. AIFMC
RESOLUTION - AUTHORIZING ACCEPTANCE OF ACCn'S_ AND -',TIT-TTY
EASFMFNTS TO PITKIN COUNTY COMMUNICATION SITES - :,,.in Dady
Madsen asked about the costs to the County regar.: ing the item.
Dady explained that there were two mountains involved. The
first, [Grange] on Elephant Mocntain, would cost the County
$1,000, and $250 in legal fees. The other thr�_e easesents wr_re
sequential for access to Williams Hill: 1. Asrcn Village, Inc.,
along the Watson Divide Road; 2. Timothy Marquand; and 3.
Cherie Oates. Dady said that the Grange easement was a hard
fought battle. He was trying to obtain the signatures for the
easement in sequence. He acknowledged Madsen's comment that the
County would be paying for a gate for one of the properties.
At 4:30pm, Commissioner Penne moved approval of th:� Re=olution
Authorizing the Acceptance of Access and Utility Easements to the
Pitkin County Communication Sites. Tom Blake seconded. AIFMC
A_RE�iQLUTION T"POR.ARILY AMENDING ARTICLE 32 OF THE PI 'K?N COUNTY
AIRPORT RCGULATIONS TO PERMIT LIMITED CVRFEM EXEMPTIO''!�—FOR THE
SNOWMASS BALLOON ST FEIVAL - FIRST READING AND PUBLIC HEMINU
SETTING_ - Ed Thurmond
There was a brief discussion off the issue, as the n.eeting was a
few minutes ahead of the Scheduled public hearing at this point.
Richard Arnold was in attendance for this item to answer any
questions for the Board. i,t 4:47pm, the Public Hearing was
opened, and Thurmond presented the item.
He explained that Air Rescue will be providing a Super Cub plane
on the loth, llth, and 12th as a safety aircraft for the
festival. The plane will provide observation of the location of
the balloons, and radio communications between thi balloons and
the control tower at the airport.
Public Hearing to be set for June 22nd, 1987, at 3:OOpm.
Tom Blake moved approval. Colette Penne seconded. AIFMC
�4
` H
BOARD OF COUNTY COMMISSIONERS 20 MAY 26TH, 1987
1
♦ qWW
�7
,�-
C
fi rY �: f' moos 546 ma515
e(;xeeneaT ? `R.
RAULlabi Barry C. and Sharon L. Siegal Or
Robert C. and Glenda I). Smith ti' K u - .
s:•
6ublect_Cattell Utility access for Lot 3 and Lot S Sunny Park 4
";. North Subdivision located at 190 and 200 Park Circle. ,;
Tassel The Sisgels agree to grant the Smiths an easement over10
.
the northwest corner of Lot 3 of Bunny tack North Subdivision so
as to peovide tt,♦ bmiths with access to a common rtiliy- '
connectioi (hereafter 'utility easement').
?A
The utility eassstant will be maintained no that in the �k
x. went service is ever required, the land will be restorer) to its
condition before servicing. Whoever required the service will
pay for tl,e restoration.
i
All companies that have facilities tunniny through ibe
utility easement to Lot S on Sunny Perk North Subdivision rill be
permitted access, to the easement log purpogs of 4egvicis9 tbose �
lines.
.. The parties agree that all sscae■sors is interest VU1
be bound by the talus of this agresment and that a copy of this y.
agreement will be filed with the Clark and kaeorder of Pitkin
County. This is a perpetual utility easement..
! •r �DJti�tlaLiQat fte parties rill benefit tram the eoonomiss
realised from a joint connection. In addition, the joint
connection involves less damage to the surrounding area brosgh
Barry Q: Siegel Crte eftt C. Smith Cate f
Bheron�L. Siegel Gate Glenda D. Smith Dote .i...
4;
t C(,unC of PIki as.
r. j • �e oaf Colorado, y
B1' ..+Oh the the �s day of 19j1_, before me � • tw+ y
s •� ..,�. ;_y_ tho signed persorK .personally appeared, known to c
+•,, o►imr tQr satisfactorl l proven) to be the persons whose names is
^scbifcribed to with n instrument and acknowledged that they
executed the same for the purpose therein contained. In witness
1 whereof, I herear.to set my hand and official seal.
Notary Public
to
THIS AGREE-V-;Nlrl made this ZIP day of Q��rT , 1977, by and
b�tweer JACK JFNMIS, hereinafter referred to as �' tor, and the
*
S.1L.'Tt�TION DITCH Ctt•'PANY, a Colorado corporation, tereinafter refer -red
£4
to as Grantee,
WIT:f'SSET[�
FOR TEN DOLLARS and other good and valu«.)7.-- consideration paid to
'
"motor by Grantee, the receipt of which is hereby . -.a.4ledged,
Grantor hereby sells, conveys, and grants unto Gra-_i,- , its successors
"
and assigns forever an easement and right-ef-way through and under the
s TJ
following described lanes, situate in the County c� Pitkin, StP.te of
Colorado, for the purposes and upon the terms hereir, set forth:
A ditch easement situated in that part
•:;
of Sunny Park North Subdivision being
xs."`''
f s�.
24 feet in width, 6 feet on the East side
and 18 fc-et on the West side of the ditch
and pipeline as constructed in place;
y>
together with a perpetual, non-exclusive
easement and right-of-way over a road as
,..
constructed in place which parallels the
ditch described above and is within the
�+
18 feet west of the centerline described
above.
This easement and right-of-way is for the purpose of allowing
Grantee the right to inspect, maintain, operate, use and repair its
ditch and pipeline as re3ui.red for the transportation of water across
and under the above described lands, together with the right to use
so much of the above described road as shall be reasonably necessary
to enable workmen and equipment to properly and conveniently inspect,
maintain, and repair said ditch and pipeline, and together with the
right of ingress and egress to said road over a road to be constructed
on the property first described.
Grantor and Grantee hereby agree that only one road crossing of
this ditch and pipeline easement and right-of-way shall be permitted
in each of the following Lots: Lot 7, Lot 5, and Lot 3. Each such
crossing shall be structured to withstand the pressures of crossing
vehicles and heavy machinery. Such crossings shall be designed by
a competent certified engineer licensed to practice in Colorado.
Said design shall be approved by both Grantor and Grantee in writing
prior to the construction of the crossings.
Grantor shall have the right to cover or affix a boundary along
the ditch and pipeline easement and right -of way so long as no damage
is done to said ditch or pipeline. Said boundary to be boulders large
enough to discourage vehicular traffic on said ditch and pipeline.
Grantor reserves the right to utilize and enjoy the above
described easement and right-of-way in any manner which does not interfere
with the inspection, rmint-enar.>a, and repair and oration of the ditch
and pipeline of Grantee; and Grantee hereby agrees to hold and save
Grantor harmless from any and all damages arising from Grantee's use of
the right, easement and right-of-way herein granted and agrees to pay any
damage or damages which may arise to the property, premises, or rights of
the Grantor through Grantee's use of the rights herein granted.
°JOK�'35 rat, $1 ,j
�Y
Th•- provisions hereof shall inilre to the benefit of and bind t:
the successors and assigns of the respective parties hereto.
IN �vZTNES.S WE�7'.FAF� the parties have executed this Agreement
r.
on the day and year first above written.
'..' GRAMMP.
Jags J s
GRI07MF.
ATTEST:
sbc
tsv
jo,S--L���
Ditch Company
t
EPA
J � �
AGRE1-;•1ENT TO GRA 4T 1')P1Vf!A1AY EASF�I• ENT
Tnis 1%3rc•em-?nt is ma3e and entered nto this -_ d,y of hu:ILI--t 1986 by
i !-,-nth,_-en Barry and Sharon Siegel ownc_rs rf: Sri my Pac}: lv.)rth Sui�.]ivision,
?.-)t 3 and Glen3a and Ro`,-rt r rli th o,.�l_•rs of Sunny rar1; '�.-.,rth
Su:,ivision, Lot 5 ("Smiths").
1. l,rl J ..+.i1ll. t 10C;r c _;.1 i 'vj:.) ''I-- 1-i 1 ) :1--I - . ffie City
:C _� :lanr�ialg arr� F..:iitt--) C,.11.._-..,i:; ,..r,,�,:-,t to t11._ G�-t nline
R0vlew proor-dure to oDnstruct resjden --1 IlDt 3 and IAt 51"r's.iCtively.
2. A conliditon of the 8040 Grc_nlin= F-?'riew approval ri•:i.1irF.d that
e 5i1:i-ths an'! th? Sie3els negf.,tI'':ite S•;lt.'l t}1,.. -) rd Of t-j
for Pitkin County, Colorado and attex.pt to -j:>tain an ac'cc�3s ca _ r .nt along
the Salvation Ditch. However, in the event they were unable to negotiate
such easement with the County they would be authorized to construct a
driveway from Park Circle to the proposed dwellings on Lot 3 and Lot 5.
3. This Agreement is to memorialize the agreement that Smiths and
Siegels will grant each other the necessary easements and relevant rights in
order to facilitate either driveway access to both properties.
f Te,gi a �
NOW THEREFORE, for good and valuable consideration the receipt and
sufficiency of which are hereby admitted and acknowledged it is agreed as
follows:
1. Smiths agree to grant to Siegels and Siegels agree to grant to
Smiths those easement rights reasonably necessary to facilitate either the
Salvation Ditch driveway alingment or the Park Circle driveway alingments.
2. In addition they agree to execute a Driveway and Utility Easement
to be completed as is appropriate to properly describe the driveway that is
implemented.
3. Further the parties agree to execute a Restrictive Covenant for
Driveway Use and Maintenance attached hereto and incorporatea�erein Fy- this
reference with paragraph 1, Description, completed when the driveway
location is determined.
4. It is contemplated by the parties that execution of the Agreement
shall take place on or before 30 July 1987; however, this Agreement will be
deemed automatically extended for six month periods until such time as the
driveway location is determined and the Restrictive Covenant for Driveway
Maintenance and Driveway and Utility Easement.
IN WITNESS WHEREOF, the parties Robert and Glenda Smith and Barry and
Sharon Siegel have executed this Agreement effective the day and date set
forth above.
in, .drive. agr
5 52' 0' E 112.11,
rA SITE PLAN
J-1
ex ILv
O
[DATE: ---------- 8/1/92---
REVISIONS:
APPROVED BY:
Ri
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24'-0"
NORTH LOWER
SCALE: 1/4" =1'-0"
7AI ^11
NORTH UFFEr-,
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8/�1/92
•:;,DATE:---------------------
0 4REVISIONS: —
ao
i 1/2"
APPROVED Br
4=1
12
6
F-
T.O.Pl= 126'-6"
RAIN GUTTER
2'-0„
(tYP-)
8" LAP SIDING -�
1 18 6"
SITE
STEPS
T.O.C.= 109�q__
T.O.S.= 100'
loss ■■ ■■
soon ■■ ■■
■■ on ■■ ■■
son ■
■■ ■■ ■
■ ■■ ■■ ■
ASPHALT SHINGLES
P�- 5_ RIDOE _ I SITE BUILT CRICKET ROOF
—__OFFSET _ W/ RIVETED FLASHING
T.O.R.= 1 V'-d AND HEAT TAPE.
Rq�E OFFSET
12
- 6
T.O.P1.= 123-6"
T.O.C.=105'
CONC.
SLAB
(patio)
101.6'
EXISTING GRADE
101.0'
I' i Ij =I I I =I 11=1I 1I-
= i-----
---- --- Ih-II
�17r-------------------------------- I
_ _______
00 WEST ELEVATION I I�-------------- --r„_-,o �L-1
o SCALE: 1/4'=1'-O" I I I I��j CI N
OFFSET____---- II=1 —- - - - - - - - - - - -
KIODTU I WIT DInlIC _5--- _I I It--_--
„�OFFSET ---
T.O.R= 133'
T.O.P1= 126'-
EXISTING
GRADE LINE
T.O.C.= 10
--------------- --- It+=
� -----------------------
---
T.O.S= 96'1I-
--- EAST ELEVATION T.O.S.= 100' -
----------------------- J=1 1- SCALE: 1/4"-1'-O"
�tlj�i�r1=1TI-------------- i=1�r�1ll-
4' GRAVEL L-----------_ _s - - - - - 25' OFFSET LINE
9'-5 7/8_ 16'-2 1/8' -------------------------
MIN
T.O.R= 133'
if, T.O.R.=
EXISTII`
GROUND EL
OIL T.O.C.=105'
� —
EV.
I II I=III 1=
I C
--------------
NORTH ELEVATION
SCALE: 1 /4' =1 '-O"
. —11l — U111 VL
U
Uo
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�
1)ATE:---------------------
REVISION5:
APPROVED 5Y:
4=2
m
- _J
FOUNDATION PLAN
SIEGEL
1/4!'=1'-0"
N
P.T. 2x6 PLATE w/
112" 0 x 10" A.B.
COUNTER SUNK 4" CONC SLAB ON
• 32 " O.C. GRAPE w/ FI5ERME5H
• 15 1-15ZYV.
FIN. GRAD
III D WASPROCK
LU/ MATCHING ING DWLS
C.
— -HI 1'/7 " C L R.
2" RIGID INSUL.
NATURAL
Z
UNDISTURBED
16 TU� SOIL � — lil�p
(2) 6 4 CONT.
3' WALL
�—j 1/2"=1'-0- SIEGEL
P.T. 2x6 PLATE w/
112" 0 x 10" A-B.
COUNTER SUNK
0 32 " O.C.
FIN. GRAD
III C
III D
211 RIGID INSUL.
EEIII911�
NATURAL
UNDISTURBED
Nr
51u �
>1 D
SOIL
BOLT w/1/2"0 X 3" LAGS 0 32"O.C.
a irb I, O.C.
W1 MATCHING DWLS
--p 5 * 15 "O.C.
V/2 " CL R
4" GONG SLAB ON
GRADE w/ FIBERMESH
• 1,5 L5JTID.
WASHROCK
(2) 0 4 CONT.
(T6' WALL
� �—j 1/2'= l'- 0" SIEGEL
0
P.T. 2x6 PLATE w/
1/2" 0 x 10" A.B.
COUNTER SUNK--,__._
. 32" O.C.
2" RIGID INSUI-.
NATURAL
UNDISTURBED
ED
so I L �
MF-GP, TRUSS BY
----BOLT w/l/2"0 X 3" LAGS 0 32"O.C.
5 *I(oll O.G.
MATCHING DWLS
0 15,101C.
W, C L R,
4" CONC SLAB ON
GRADE uj/ F15ERMESH
15 LB./YD.
• 44ROCK 4" LUA5
16.1
(2) 0 4 CONT.
(-3 8 ) WALL
SIEGEL
P.T. 2x6 PLATE w/
1/2" 0 x 10" A.B.MFGR.
TRUSS BY OTHERS
a 3211 O.C.
C,OUNT:ER "-SUNK-___��
------BOLT An"# X 3" LAGS • 32"O.C.
i
FIN. GRAF-)
12" O.G.
MATCHING DWLS
—1'/2 -C L R.
4" CONC SLAB ON
GRADE Lu/ FIBERME51,1
2" RIGID INSUL.
• 4'- WASI-IROCK
NATURAL
UNDISTURBED (2) 4 CONT.
SOIL
10' WALL
(iD 1/2"=1'-0" SIEGEL
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DATE: ---------
REVISIONS:
APPROVED BY: