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Home My WebLink Aboutcoa.lu.gm.AspenElectricAffordableHousing ,.-. CASELOAD SUMMARY SHEET City of Aspen DATE RECEIVED: 8j11j92 PARCEL ID AND CASE NO. DATE COMPLETE: O'! _.9.-_ q.[7, 2737-074-01-417 A70-92 I , STAFF MEMBER: LL PROJECT NAME: As en ectric Affordable Housin Subdivision Ma Amendment Exem tion Condominiumization ....:::rpC(j....."'--'1 :1-1.>./ ~ , Project Address: Park Circle Legal Address: Lot 3. Sunny Park North Subdivision APPLICANT: Barry and Sharon Sieqel Applicant Address: REPRESENTATIVE:Marsha Goshorn. Gold Key Services Representative Address/Phone: 616 E. Hvman Avenue. suite 102 Aspen. CO 81611 0-9275 -------------------------------------------------------------- -------------------------------------------------------------- FEES: PLANNING ENGINEER HOUSING ENV. HEALTH TOTAL $ $ $ $ $ N/C # APPS RECEIVED # PLATS RECEIVED 10 10 TYPE OF APPLICATION: STAFF APPROVAL: P&Z Meeting Date CC Meeting Date DRC Meeting Date 2 STEP:-1L- '1/2. L. PUBLIC 10 (I ~ ,(?: VESTED 10 I:z... (p PUBLIC . VESTED ~. .;L.~+ 1 STEP: C~ HEARING ~ES~; RIGHTS: YES HEARING~~~ RIGHTS: YES NO NO 7 '";...<1 AJ.-"-d . NO NO --------------------------------------------------------------- --------------------------------------------------------------- l..-' REFERRALS: ./ city Attorney Parks Dept. School District ~ city Engineer Bldg Inspector Rocky Mtn NatGas ~ Housing Dir. V Fire Marshal CDOT -V. Aspen Water V Holy Cross Clean Air Board V city Electric Mtn. Bell Open Space Board Envir.Hlth. V ACSD . Other ,'C'J'~.) ~. V Zoning Energy Center / Other .' () DATE REFERRED: f ( I 3/ q Z-- INITIALS: )\'111) DUE: q / II I q z-- ;~~~~=;~~;~~~7================~~;;=;~~;;~7=~tliq=~==~~~;~~~7~F _ city Atty _ Housing _ city Engineer _ Open Space _Zoning Other: Env. Health FILE STATUS AND LOCATION: ORDrNANCE NO. 62 (SERrES OF 1992) AN ORDINANCE OF THE ASPEN CrTY COUNCIL GRANTING SUBDIVISION, REZONING FROM MODERATE-DENSITY RESIDENTIAL PUD (R-15) TO AFFORDABLE HOUSING (AR), GMQS EXEMPTION AND CONDOMINIUMIZATION, LOT 3, SUNNY PARK NORTH SUBDIVISION, PARK 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 toAH; 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 I 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 Subdivision, parcel (500 residential) conditions: hereby grant subdivision of Lot 3 Sunny Park North Aspen Colorado and rezoning of the newly created Park Circle} from R-15 PUD (moderate-density to AH (affordable housing) with the following 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, c~ouncil of the City of Aspen on the /~ day of -A-A) , 1992. ~ {5~ Joh Bennett, Mayor ATTEST: by the JI.~ L_ FINALLY, adopted, ~ J!MCr1.J, 1992. passed and approved this ~ day of ge a-~-Yf John Bennett, Mayor ATT ST: Kathryn Clerk 4 MESSAGE DISPLAY TO CC Bill Drueding Diane Moore CC Leslie Lamont From: Amy Margerum Postmark: Oct 16,92 12:46 PM 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! -------========x========------- , , lXF TO: MEMORANDUM Mayor and Council ^. ~ Amy Margerum, city Manageruuvr ~ , Diane Moore, city Planning Dire~ THRU: THRU: FROM: Leslie Lamont, Planning DATE: Aspen Electric - Subdivision, Rezoning, GMQS Exemption and Condominiumization for a Fully Deed-Restricted Triplex, First Reading Ordinance ~ Series of 1992 October 13, 1992 RE: ---------------------------------------------------------------- ---------------------------------------------------------------- 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. there are several trees on the site, there are no trees proposed building envelope. Although within the 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. 2 .. ".'........ 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 r.... .... .~ 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~, 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 4 ,..... ORDrNANCE NO. (SERIES OF 1992) AN ORDINANCE OF THE ASPEN CITY COUNCIL GRANTING SUBDrVrSrON, REZONING FROM MODERATE-DENSITY RESIDENTIAL PUD (R-15) '1'0 AFFORDABLE HOUSING (AR), CMQS EXEMPTION AND CONDOMINIUMIZATION, LOT 3, SUNNY PARK NORTH SUBDIVISION, PARK 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, a map amendment for rezoning Lot 1 from R-15 to AH; and WHEREAS~ pursuant to~ection 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 bonditions. NOW, THEREFORE, BE IT ORDAINED BY THE CrTY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1: That it does Subdivision, parcel (500 residential) conditions: hereby grant subdivision of Lot 3 Sunny Park North Aspen Colorado and rezoning of the newly created Park Circle) from R-15 PUD (moderate-density to AH (affordable housing) with the following 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 anci 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 4welling 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. section 6: 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 City Council of the city of Aspen on the , 1992. provided by law, by the day of John Bennett, Mayor ATTEST: Kathryn S. Koch, City Clerk FINALLY, adopted, passed and approved this day of , 1992. John Bennett, Mayor ATTEST: Kathryn s.' Koch, City Clerk 4 ""'",, .""" "'", ATTACHMENT B (J). 'I' " . N '~ it i' ?;>>", 6 's "YS ':;;<:9 ?? ?41.3'3' -5/5012'3'1' 'vv \l\...j"LI;JQ))>j)) (\)T-)oC~'-1 '"' Pi ~ :Z)o- .r: . --l.,'_", i'l jl1 - -"- ::" :z: J\T -1 i'1 '"'" ~R '1' ~-'1:;: " , nr) =i~kl .l\)l~ C'\' 7J '1;\11_ ).';~ ~' ,< ;t." t~.::, ;,,, f:"""/ -~ '"' \ \ ~ \ J\ ~\ !'\ $ \ 9\ \ I \ 1< \ ~~~t \ ",yo , ~. ".~\ ':t~ ~~ \', \ 5 &2" (l)' E 112.11' :' .':"'''- " ' ,,:j..t \;:5t~ I: f ":;';;l::)l~~ I, ~; _ __"i-1l'...< ~ ': _7.t '~~~Ei '\!".' ",'" ~, d "~,J. ,if ",;""'~ . 1i". ': ',';' ~-' ". >:- '" ~ ~ , CU"5 >>lEer I 'EXJ5TL ./ G f; '. , v \tJ_~. ~ k"- +E.L~"..' 38.00 '~~-' kt'--,i?-'6-- l,2,L~;L"" \ ",1.'''' r'.t--o",,' - ''!'-'\l!''':. . \ " ',<\ N\ " \...... 1"_10"-(1" - , ,\> e \>, ~;~~ ',II-('-'>'(J , ...<;,: ,..'~~ ~ SITE PLAN -/~_:_' ll' &:.'-L---.>,~ ff;~i\~:;~~'-'~ ,-"~ ~ :~~ /'.-~. //' , . 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: 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. 1. (a) (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 notwi thstanding. 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: o 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. 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, wi th 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. restricted for affordable housing. The units will be deed 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 ,c MEMORANDUM ~ u ~ = 1ful " 58>141992 '1\1 i\I\\1 '...: u,_ ___ ATTACHMENT D To: Leslie Lamont, Planning Office From: Rob Thomson, Project Engineer (~ 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. IT a dIywell is provided it must be maintainable. The drainage engmeer 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 th,at 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 comer of' the building is within the utility and access easement. 5. According to the most recent EPA Superfund cleaimp 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 EP A 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 toa distance ten feet from the property line, with a twenty degree traT\Sition 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. .,-;~:.;.~::-s+,~. . ..----.- The Subdivision plat neem to include: .... . a statement to the effect that.....title policy number preparation of this survey plat. was used in . 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 rilinimum, 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 walIs, 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. AdditionalIy a four foot by four foot pedestal easement ""'...., c..'....> is requested for the utility services to the project. lL 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. 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 Aporoval _. --'- .----... ----- .------ '..-- ___, ,,___... __._._.___."' .. .___ __.._..0_._.____. -.,. - '"' - 1. AIl 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 descnbed above. 3. A condominium map must be prepared and submitted to the engine.ering 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 exis~ing 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 I~~U'~:; I 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 commendBazTy an!! 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 / .' , Ath; 2 0 l i aspe August 19, 1992 Marcia L. Goshorn Gold Key Service 616 E:"llyman~lI-venu"e,."Sui'te 102 Aspen, Co 816J.l :":~~~1L__..,.. #7~- SUBJ~CT: Aspen Electric Employee Housing Dear Marci a: The Ci ty of Aspen Water Department: does have the capati ty to serve the proposed development at 500 Park Ci rei e. There is" 6' C.I. main located on Park Circle thilt has sufficient volume~ and flows to provide domestic water to the propos~d building. All design, material and construction shall "be in.accordance the established standards of the City of Aspen. Waiver of fees wi I I have to be ~pproved by Ci ty Counci I. with tiJp Si ncerel y, Mtk~ JlJdy McKenzie, Customer Service Supervisor Ci t.y of i~5pen. Water DepoJrt.ment ce.: Les'ie Lamont, 1-')lannl1;g Of lice Larry Ball enger. t'Jt.t:c,r Supc=;ri lit.::--;r.d€; r.. , .. j::,~:~ ' u ',irol Aspen eons~!~d~~~~~~~~~;~~.:..?i:i~victl~~":,,..'.,.. '~~~,.j)); '~Aspen, Colorado 81611-....1. j ,~", . Lc.""",:j",,,'~;;'1;,j.1 'ThIll. (303)925-3601 ' ""."",,,,x,,".>.'o"'''>'' "-;'.~'. Sy'Kelly.. Chairman ,"-" John J. Snyder - Treas. Louis Popish' Secy. _.,_,u_. ,,,,-'~,iI.>'~'_";" .' '" '."' .- :"5'''-~ "', ;x~,,:- ...."..;.."'~~'Sept..mb~r'9;~i992.~~ "i.:. ' .. 'f~~iJi~i."'k'~~ ,"'''''' ,-~, "'.- .''':;'i; "A~.~,~ill~~~~!~~cl~{6~ .;;-iiliiiiil;. Dear~U'esl1e .,.,-- ,';,;::.:;._;_~~~,~;}~~~}~W,;J{~Jf'--', :_,_ .,'~~f.t'~\~- _ _ _ _~: .~~ '.',L';c"+'{&';'1:~16.>The'~~Aspen"''l\oConsol.idAt.a:d ii""ani taUon;;';,;.D.i sj;r ..' '. ur;r.sn.", ""~<;~~{~~tit,~':ti'~ntfc;C;):l;C_(~~di.~r,~~~rnieW~c~~~.#~y~B~P~.8:vJ,~.~ ,., "*;.,;,~,~;",,,,~. fO;f,"H-l;he!,;"proposed,~spe.n~Ebictr,i~Subdivision~~p.X,;..,..". j!'''':f. ',:,;,:,;;.,:,~o hlElct i on,~l.i n~1i's:j.J o:ated,~i rit:fA~.k~Cir?,!.e;t~ndrl\1::.r~f~}l~e~Jiil~n.!?t~;lX;itf.;.t,~ ' " "'i.;u:'" of"former,,1 oti"37'ofJ!thett<SunnY'lIl'd'arkf Subdi vision;~MuIUfami:ly' , ,,,.,,,,.,,:;.~ dwellings serviced.bya"singl,e~~rylc'e linej;;!llustbe'se,r%ced,,;~Yt>a '~~fQ\~~~,.diameter service lIn,e..,.;.;..'~r: " 'C;;~i<,,',:t;~;,:':-;;:;;~; In order to obtain. serviceill'from the District the applicant must -~~, ", . "comply with, the District's:' "Rules and Regulations and Line Specifications both of~1\l'ch are on fi leat the District office. Onc~ 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. ";.. J-r~; .~~~'7>' Please call if you need any further information. ,.,-, Sinceraiy. '&.-~ ~"-....... (6 Bruce Matherly District Manager <;(,';,; EPA AWARDS OF EXCELLENCE 1976 " 1986 ' 1990 REGIONAL AND NATIONAL """ ,..-......., /,," I 7 ,-';:,j.:; ~~~; ~ f[5jF~ WAYNE L. VANDEMARK, FIRE MARSHAL TO: FROM: RE: DATE: 420 E. HOPKINS AVENUE ASPEN. COLORADO 81611 (303) 925-2690 Leslie Lamont, Planning Office Wayne Vandemar~e Marshal Aspen Electric Affordable Housing Subdivision, Map -Amendment, GMQS Exemption & Condominiumization Special Review ' . 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. ' . , " .e' .~ , 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'. 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: Goshorn Barry and Sharon Siegel as represented by Marcia LOCATION: Colorado, Lot 3, Sunny Park North Subdivision, Park Circle, Aspen, 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. there are several trees on the site there are no trees proposed building envelope. Although within the 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 ^ , .r....... 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.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 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 I 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, similard requirements oftha_land_.llse coden, notwi thstanding. 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: o 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. The final subdivision plat and agreement must be filed within 180 days of final approval. XX. 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 6 " / , 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, Tr.e housing is proposed within a 1/2 block of the Huntgr Creek/Centennial transit route and is within 10 walking minutes of downtown. This proposal is intended to provide two spaces per unit. 7 / , /'..... 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 I 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 8 ,., / , 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 of2 parking spaces per dw.elling unit. b) open Space - Approximately 3,831 square feet of open space is being provided or 47.5% of the site. IV. proposed Council, Planning hearing. GMQS Exemption - Pursuant to Section 24-8-104, before any development can be considered for exemption by the city an application for exemption shall be forwarded to the and Zoning commission for review and recommendation at a 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~rtment.tq~~ ensure that the slope stabilization is adequate. ~~IOUJ~ 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~~greement in addition to indicating it on the plat. The pla all include the book and page of the recording. 9/.J~~~~ ~~ -tc~~ .....'...... , " 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 SUbmittl0a drainage analysis perfor~ed by an engineer reg1ster~~in the-sta e of CO~dO to th1 enwineering department.-~ ~ /~. 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. c; CU//Z f. The applicant shall convey a six foot by six foot transforme~./. ~ easement and a four foot by four foot pedestal easement w~~~...\--s(lar~ -n~ ~ be designated on the final plat.~,() '~~cYV' t''"''''^ ~ '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. Pro r to final approval a revised site drawing must be approved by e engineering department. The site drawing must include the lsting curb and utter, and show the existing Tailings ndom 0 0 veway. Prior to fina approval 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~l~ith all applicable uniform building code requirementsj 0:.":- ~,.rr-;--",,-- ~ ~I.:l~ ~r'~-- - .' 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 th.e 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 \J~ 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 S"pl.efllhe,' 21. 1992 Tle~l ie: This is 1.0 cOrlri fOOl thaI. Rar'f'Y Seigle has the Tail ings Condominium ASHocial.ion In employee housing pr'ojeel. he plans to build l.o ou r' hu i 1 d i rig ~ As l.h i figS move down the ('oad T agr'eelllenl. for' Ii. shar'ed easement. and ou (' hOllleowfle f'S ahou I. Lh i s_ , Maq~ol. p..~lel.on, < ,_" ~\),"-~~~ O,,-J,l:::I:J- Pr'esidenl. of Lhe Associal.ion hel ie-ve- T wi 11 hP.fHI wo f'k i fig f'egarods to on I.he 101. wi l.h I.he nexl. we he need 1.0 have an La 1 king 1.0 Ra,...y GOLD KEY SERVICES 616E HVtfAN AVE SUlte>J02 ASPEM COLORADO 81612 Marcia L. Goshorn (303) 920-9275 November 19, 1992 city of Aspen 130 S. Galena Aspen, Colorado 81611 To Whom It May Concern; 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, \jl'\l^'--~~,--c~ "( ~-' ~"-Uck2Ju:i }, Marcia L. Goshorn Gold Key Services Representing Barry and Sharon Siegel cc: Leslie Lamont ,- ,,-., \ \ OCT I. 2 1992 Pitkin County October 20, 1992 Aspen/Pitkin County Planning Department 130 South Galena, 3rd Floor Aspen, Colorado 81611 ATIN: Leslie Lamont Re: Drivewav Easement for Sunny Park North. Lot 3 Dear Leslie: 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. . Whitsitt nty Attorney TEW/hfs cc: BOCC Barry Siegel twlo.10ZJ Administration 530 E. Main, 3rd Floor Aspen, CO 81611 (303) 920-5200 FAX 920-5198 County Commissioners SuiteS 506 E. Main Street Aspen, CO 81611 (303) 920-5150 County Attorney Suite! 530 E. Main Street Aspen, CO 81611 (303) 920-5190 Personnel and Finance SuiteF 530 E. Main Street Aspen, CO 81611 (303) 920-5220 Transportation Facilities 76 Service Center Road Aspen. CO 81611 (303) 920-5390 m SENT BY:GMAC RfC 2-12-23 ;10:27AM GMAC~PFC~ 213039209275;# 21 2 " - ~ GMAC,~'RFC' .' ,.' ,~ ,~J8It'Undlna r.orncQIion .10 Universal CIly Plaza, sun" 2100 Universal City, C-' 91608 (81 ill 753-4400 February 11,1993 FI:I:J 12, ,Pitldn'Cou.nty Attorney 'Aspen: gity 'lmglneer , C/9Gold Key Be;rvices 616 R. H~:Avenue, Suite 102' Aspen; COlorado. 81611', , . Re:, BariySiElQ'el 210Ses'ame Street 'Aspen,' ,COlorado ' . . '!I'irtal'Plat'of 1\spen'Electdc'Subdivision RF.C ,Loan 81258149 GMAC ~Oan' #:a:Lc 799~114 , ' To 1Ih0tll it ,may, .concern: Please bea~sed'Re~ide~ti~l FI.lnqingcorporation as mortgagee on' ,the aboveieferenced property' consents" to the lot line adjustment , ' as ahownon the fiI;lal p,la'; ot che Aspen Electric Subdivision'. " . "~""inC"rt"."~'",,., '~' '.. ,.',' . . ".', '. I' . . , , LindaL. Keck.le'r' " , ' LOan SerVics'Representative Pottfoiio 'Services " ec: Edward.....yer, GMAC (215,)881-1595 .llile . . , OfIIl:8, . In MInneJIPoIIe,. a:.o. A!I!I8IP. AlIInt8~ lIIu.d81e, , '. NlIw, YCII'Il, Prowidenc:e, SINI Frii.~, and h1ngton, D.C. 'n..GIIAC..."_..................~"',o..r.,....... ~1 R;I COrp~ . BASIKBNT AGalBMlIT THxa BAOBKBNT 'AGlUIBMBlfT 1s made tbis 23th day of November, 1992 by and b{,.tween The 'l'aUIDC1S Ooft401ll1niWlls ("Grantor") and Barry anO 8ha'&'on 8~.9'el ("Granteell)., UBalU, Grantor owns oertllin real property located in t.he city of Aspen adjao~nt to real property owned by Bar~ and Sharon si.ge~. ~9a~ descriptions of which are attach.d .. Bxhiblt A. WIIIIl\IlU, Grantor and G:lC'ant.ee desire to great..' a reclprCXlal non.axclusive driveway ealilement. tor the purpose of CII0QeSI!I to a one two-~ar 9a~.ge fQt', the tri.plax to be built on the Aspen Electric S~bdivi~ion by Granteo. NOW, TKBklroRB, in oonaideration of the reciprooal driveway easement berein exobanged, and tor other good and valuable consideration, the :receipt and sutficiency of which 1s here~y aoknowledged, the parties a~ree as tollows: , f 1. Barry and Sharon Siegel guarantee to pave the ~eoiprocal driveway ea>>ement at the estimated cost. of $1,500.00 within a year of t.he ,date this a9reement. If the pavinq cannot ~e preform_a within thl. time, the SIegel's will tender the $1,500.00 into an ..crow aocount to be ~~ed for it. d..l9nated purposes at a time agreed to ~y the parties. 2. 'l'h'. parties agree to share the' cost of repair and. maintenance of the reciprooal driveway easement, when ,a9r.ed to bY both parties in writing. The costs of repairs and maintenance .hall include snow removal, surfao~ repair and drainaie ditohes. The shared coat shall be determined by referenoe to the number of veh!oles which use t.he driveway durin9 any OOli! Ylilar period. Payments tor mu~ually ~gre.d repair and maintenance costs will be Que within 30 days of an invoice. In tbe event on. pa~ty ~oes not pay its ,'P1"oport'ionate share'of 'the"ccRs within the 30 day pa)'1llent period, ,th6 ot.he~ party may pay thG invoice alqount am1 co:i.hlct. from the delinquent party interest on the principal amount owed by the delinquent ~arty at the rate of lei A.P.R. Non-defaulting party shall ':live delinquent party 30 days written,notioe of ,their payment before interest peg in>> to accrue. Tne non-detaultlng party Shall be entitled to,reai!lonable costl> and attorney's fees incurred in the event collection Of ,the delinquent amount necassitates legal Aotion. ' ' ' " 3. The Parties aqree t.o use g-ood taith ettorts to prevent the obstruction, interference, or unreasonable use 'ot the reclprooal driveway easement, 'including but not limit.4 toparlcing of vehiclluI without p:dol: ~rit.t.n OOnliient, loud Vehicles, stora'1$ or trash reoept.aC!les, and to maintain the driveway in a neat, .afe and uniforma~p.aranc. inClUding but not limited to closure of 9arage dool:'8. . ~, ......~" 4. It i. aqreed that neither this agreement nor any of its terms, provisiona, conditions or representation can be modified, ohanl;Jed, amendect, supeJ:'seded, waivelS or extende(l except by an appropriate written instrwn8't:. executed bY the parties. This flgreelll.8nt7. may be terminated bY any party for cauae including' breach of any of the Q9r..ments contained herein. 5. Partie. aqre. to tile ~hi. c100UlIIent with the pitkin county Clerk and Recorders offioe an~'to file any modification, release. ,or other ohang.. within 30 days of suoh modification, release O~ other chanq. in ordElr to prlilserve this reciproqal ~riveway easement and any amen4ment thereto as a'covenant running' with the land. ~' ~;iif; I1y ~ '~ ~~t ,~ ~<<S:-'~"f\.."'.:.. v ~~~'i.t:C.. /1 ~ //I~d9;J IS~~71"egel " ' ~ ~t?n ~'-~r.jJ 1/;;/1.;/ Sharon Slegel ,~~ ~~) \~0t:L . c: \) \\11; (~ 1'<\ " --,j. .Or/iI ----------IJ~' f;I :f ~ 1lI\1 Q. -~.;lr- ~ n\~ ~\~ " - ~ ~ " - lr. r - - -- 0(;\ \ ~ c.___r-~ I n ~~ "&'f, \ ~~ I I 6. \ \' }:>, " b l->r \ ~ ~ ~ '"'- .\ --------- , X , , <5' \ -...t I \r CI I (1\ ------....-\,--- ~ \I o'-l \ " 1\ \ ( I 1\ "" - \ I I II '\ \ \ I II \ \I " \ \ 11 ,~ ~ I - .... II \ \ "- II '& \ I II \I l '" ...; \I - I I,) 1\ .... I - II ~ I \1 I II ~ ' I II \ \I ~i :!. ~"> \ I \I \1 \I 9.... .B:\, \I \I \I \- 1\ ill }.. \I ,. ~ 0 1\ \ ~ I 11 I \I " I \I I II __---..-.....'-J '- ~ (j\ I < rn tI~ ~ ~ ~ ill" ~~~;"r ~~.1> t;rf~ l I ~~~ I t\n~ ~\ w l !r ~ z J , 8' I ~ ;>-t/ ' .. t1(:' - ~ u.,\~ <'-~' .,.~ I ~ ,,, <_ I i2} \tl t, k / .__-1-_--.__ OCT-20-82 lUI:. 14:U2 ~U~tt<rUNU t<tl1tulHL OCT 19 '92 03:41FM CITY ", '1SFEN rHX NU. jUj~~jl~j~ , " r. Ui P.2/2 en Oc~ober 16, 1992 Mr. Brian pin~ows~! Environmental proteotion Agency site Projec~ officer ' Dear Brian, , I I have been the project planner from this office assistinq Sar~y and Sharon Sieqel with their develo~ment proposal. As you probably know, Barry would like to sUbCllvJ.de his property and build an affordable triplex on the newly created parcel. The new parcel fronts onto Park Avenue. It is my understanding, haviny reviewed the file with Tom Dunlop, that Barry's property line 8 a boundary of the EPA designated Smuggler Superfund 5ita but his property is not within the superfund site. Barry has hired an EPA certified excavator for excava~ion of tha util ties, whiCh are in Park Avenue, a~d his building fo~ndation, In addition Barr.y.s representative, Marcia Goshorn, has spoken wi.th you regarding Barry'S proposal. It is her understandinq that EPA oonc.rn~ have ~.en addressed. We are tryin9 to expedite the permits ne~essary for Barry to beqin work. It would be very helpful if you, as a repre=entative of th~ EPA, could confirm that Barry has satisfied EPA's guidelines for excavation. ' It this 15 your understandinq please sign and return this letter for lilY :files. Thank you for your ti~e. s 7erelY, a.;;l I '- ., . "- ~ (51/yyL i Leslie Lamont, sanior Planner @ tfl.yd!ldPflW /""~ /""- Pitkin County April 17, Ms. Leslie Lamont Aspen/Pitkin Planning Office 130 South Galena Aspen, Colorado W'R22 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 addi tion 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, C081611 Aspen, CO 81611 Aspen, C081611 Aspen, C081611 FAX 920-5198 (303) 920-5150 (303) 920-5190 (303) 920-5220 (303)920-5390 .ro. ,.-.., - , 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. Director cc: Reid Haughey Tim Whitsitt Tom Baker Barry Siegel "....-... MEMORANDUM TO: Mayor and Council FROM: Amy Margerum, City Manager Diane Moore, city Planning Direc~/ Leslie Lamont, Planning Aspen Electric - Subdivision, Rezoning, GMQS Exemption and condominiumization for a Fully Deed-Restricted Triplex, Second Reading Ordinance 62, Series of 1992 THRU: THRU: RE: DATE: October 26, 1992 ======================~~==~===================================== SUMMARY: The appl icant ' 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 oyerlooking 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 1'".... , , 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 obj ecti ves 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 " 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 RESIDENTrAL PUD (R-15) TO AFFORDABLE HOUSING (AR), GMQS EXEMPTION AND CONDOMINIUMIZATION, LOT 3, SUNNY PARK NORTH SUBDIVISION, PARK 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 I 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 CrTY COUNCIL OF THE CrTY OF ASPEN, COLORADO: section 1: That it does Subdivision, parcel (500 residential) conditions: hereby grant subdivision of Lot 3 sunny Park North Aspen Colorado and rezoning of the newly created Park Circle) from R-15 PUD (moderate-density to AH (affordable housing) with the following 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. r'i:', The deed restrictions shall contain language enabling the 'Si~gel'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\., , ',:."j'.. ',' " "'.' section 3: '"', 'h.LJ~ ' , ',' ,.,. \,"",.J., 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 city Council of the city of Aspen on the , 1992. provided by law, by the day of John Bennett, Mayor ATTEST: Kathryn S. Koch, City Clerk FINALLY, adopted, passed and approved this day of , 1992. John Bennett, Mayor ATTEST: Kathryn S. Koch, city Clerk 4 ,~ /'-, ATTACHMENT B ."" "'" Ol ':j . Iv '~ & ~ ??,,, G 's '~.s ~ CJ;; , ~ ?4/,'B' 5 /50/2'3,/' W '0'\.1 "'\1 i'J \U )> )) 'SlT-;>C--\~ (i'iii~:z;> ;t -..l .,:< _ G- i'J Z::1 111 ' ::"Im--$;;>J """ l'\.-J - .('n~ no) =iQn .5.$l~ Sf ~ , VI 7 t.:-" ..-., " ",," .(:v ~~F ~;J:'~ ~:":l' /,. '. 5f>2" 0' E I12JI' . ~., \ ~\ \. ~ ~~ , ,; " \ .. ? ~ p -' -"l \ rlO9" ~ '" \ "' " ~YE1llAY / ~./!..- .~ ~ i , \- /, ,~ + E., .'" ....:=: ,'.~ 8.00 if ,,~~i.. . "- 'i"'~ :-2F2"~.t-~..:.~_.. 1:.-"-' - . \ _.(,:,,< 1-.1-::1" ~,:\t.!''''::. .. olt-:-' ,- v' '\-=- ~\ @ \ -,,- " SITE PlAN , ''I> e "- <f. V, i'''~' , /.,,,- .',^~;<..: ,,-\~ 1."10"~ /' if:.C'-.~__ ~-f~;~i\-~:~~~t~.~ :" //'" "'....,"'"' #""""" 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 D~partment 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) ELECTR,IC, 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 "'-' .r....... proj?ct. (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 l~e 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 ccindition'br 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 pr~ject 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 Asp~n 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., Le. 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 '.wlfl!FOsed in preparation of. this 13m;:vey 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. XI. 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 us"e 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 re,solve 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~ana1.and '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 .c.'.... I, 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!. PZ:~PCJ~ed_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. : rv. co.ndo.miniumizatio.n - Pursuant to. section 24-7-1007 of the Municipal Code' the following criteria shall be considered for condominiumization o.f a residential property: a. Existing tenants must be no.tified that the units are fo.r sale. There are no. existing tenants as this is a newly constructed building. b. Minimum lease period restricted to. six mo.nth minimum leases, with no. more than two. shorter tenancies per year. The deed restrictio.ns that are required a~ a condition for the affordable housing included rental restrictions. '" -'_.-o;c"'-A~ford&ble-'lloulling Impact Fee.:. The' units --wil'l 'be deed restricted for affordable housing. d. Inspection of the pro.po.sed condo.minium by the Building Department. An inspection is not applicable at this time, however throughout the constructio.n process the building has been inspected by the Building Department. The pro.ject will be subject to a final inspection pursuant to the issuance of a, Certificate of occupancy. 7 ".- ....'''"' SfP ;:: "Iffii "\ , !U~~--- \ , ATTACHMENT D , ' , : MEMORANDUM . To: Leslie Lamont, Planning Office From: Rob Thomson, Project Engineer (~ Date: September 14, 1992 Re: Aspen Electric Affordable Housing Subdivision: _.-::':-.-:"~.~_ :.,:'_..~'.. .'. _ . __ ..'-'___--. ._...~ . ._:.~-=..;.;:~.:._--:_"::_:'~ ~____ ::,.: ~....-:-._._. .- . ...... ." ." ..... --J_.-~._"'. . . . , Having, revi~ the abOve appliCatio~ a~C:1riwing 'taXed to'the ~ 9/l0/92,'~d- ~",' having made a ~teinSpection, the engineering department has the !oll~ comments: 1. ' The application stated that an on-site drainage an81ysis haS'been peiformed. The drainage plan,' complete with calculations must be provided, by an engineer registered in the State of Colorado and submitted to the engineerbtg department. Ita di}well is provided it must be maintainabl~ The drainage engmeer must also Certify that drainage structures bave 'been. built as designed (prior to final inspection). AlSo, bow the existing street drainage is to be maintained, ~ust be addressed but not neCessarny 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 bas clear access to tl).e property, in the form of an access easement. This ,needs to be indicated on the plat. ,3. The applicant-must demonstrate that it has,c1ear access"8.cross 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 comer of' the building is within the utility and access easement. 5. According to the most recent EP A Superfund cleanup map, and a conversation with Tom Dunlop the Environmental Health Offi'Xr, 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 plaI1 i~ 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 tlle two driveways, an 18 112 foot street parking plaCe, 25 feet separatiori from the tailings , driveway, and separation between the two driveways. The radius on the south end appears to end up' in the tailings driveway, ibis needs to be revised. Any site worK at' this end of the project muSt-be' ~ and approved in writing, by a representative of the Tailings Condominium. Staff will oontinue to work with the ' applicant for the site design. HoWever, the .applicant needs ~o formaI1y request a variance for the driveway design as required in SectionJ9-102 of the Municipal Code. '-" '." -'"' 7: '" . , . ' .~ ~J;t:~~+,"..,.::~.;;;>:;..-~...;'7_';;":;':'~ ':~~;.=.---r:-;'_::",:_." . The Subdivision plat needs to"includci'" .--..... ....... ';.;.- _.~......-- .--..---- - .. . '~~~-.' -_.-......_-~..- ..... -. . a statement to the effect ,tha:L.;.tiiIe, policy number prc;:paration of this survey plat. '. . all acceSs easements need'to be platted and the book and page recordation noted. ' .' ,- ,- ' was used in 8. A oondominium map - must be prepared and submitted to the engineering departm~t for review prior to recordation. 9. Section 19-98 of the Municipal Code requires constructiqn of sidewaIks for new construction in areas indicated on the adopted sidewalk, curb and gutter plan, simiiar requirements of the land use code notwithstanding. Since there are no existing sidewaIks 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 ririnimum, 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 id<;.al 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 ac:commodate 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 be mutually beneficial if .the applicant could mark the general location of the utility taps. By doing this we caD. stop the paVing in this area and prevent cutting newly placed asphalt. ' ' 12. The appli~tis advised that for any work in the public R.O.W., i.e. curb and gutter, sideWalk, an exc8wtionpermit is required. 'Il!e work reqllires engineering departinen~ apprOval on the design plan and the. permit is adm;ni!:tered by the street dep~ent. Recommended ConditiOns of Aporoval ...__..:...~.'~:~~::.:.:_:.-.~..-:.. ''.-:~~~-:--)-;;';;~~;.::i",~..^:i-:, '-:~~.~<I~<:~.~~~_~~:'.:t.7_-~~":i.:-:.:.-'..:.~~',~~7.;~"-~~:.-:",::":,:,,,~,,;;,.;;.;:;:::~~, _-=:~ 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 reco~g. ' 2. The applicaD.~ must sign a sidewalk construction agreement prior to recording the plat and prOvide pedestrian area as ..descn'bed above. , 3. A condomilllum map .must be prepared and' submitted to the engine.ering department for review prior to recordation. Included on the map must be a statement that tJie owners of the condominium must agree to join any improvemenf 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 CASELOAD92.Q21 ;-- ""._, \.. ~ ~. MEMORANDUM j;ijG "{ '1'0: Leslie Lamont, Planning office FROM: Tom Baker, Executive Director BE: A~gust 15, 1992 Aspen Electric Affordable Housing Subdivision, Map Amendment, GMQSExemption, and Condominiumization Special Review .DATE: .__......._.;- a..u-'R\l"o:.,nt. JJousijng.o~Uae w.oul.d. Uke=w CQIPIend,~an~_Sbarcln, -~ Siegel for his affordable. housing proposal. The, Siegels have proposed a 100% 'affordable housing, three unit proposal: 1 category 14 three-bedroom, two ba~ (1,656 sf), two car garage (816 sf); and 2 category 12 two-bedroom, two bath (840 sf), two car garage (500 sf). ntis 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 . <, . "l'~ 2 0 p. I:, ._...J ',:", , . , : aspe -- August 19, 1992 Marcia l. Goshorn Gold Key Service , --.-,."-'" C'" .- 616, 1::' 'HytiRii'r;;1,,"'ho~U1't.e-:.o.1Cl2~.' -:-.~:. .~,,,,_";~..L, ""y .. . Aspen, Co 81611 . ' -~ ;~:~.p';;;':.:.:- :;:.:' -;. =-,::;:' ,SUBJ!:CT: Aspen EI ec,tri c Employee Housi ng Dear liard a: . .., The 'Cl ty of Aspen ,l4aj:er Department: does have the' caj)aci t.y to serve the proposed development' at 500 Park Circle. There Is a 6' c.r. main located on'Park,Circle that has sufficient volume~ and flows to provide domestic water to the proposed building. Ail design, material and construction shall -b~,in.accordance wit~ the est~blished standards of the City of Aspen. Waiver of tap fees will have t~ be approved by City Council. Sincerely, htk~ Judy McKenzie, Customer Service SJpervisor Ci ty of I~spen, Water Dep;:;r'tment cc: LEst i e Lamont, PI anni 1;9 Of f: ce La,"ry f-i.jll enger~ t;J(-~ti:... Sup<=;ri fitr::nGE1it .~ "':-- .:. , . ,..,,/' ..., j;, r'I-;:,:>.,.~:--'~- ~!fu Aspen (9onsolida~d' Siini.tAti&~:qjii&i~tl" ";'11i~,~W:il9S2'IIJ -._ ~,,< .~'sept:embert9;~1992;' ,__ "~(-~'~;~~~~-. ~.: ..~..~".;.: ,.'",;,'~':....' -.,.,.." ;{~?%\~L'e.st:J..e~t.aiii~.n. 'h"z>'" :f.~t"_.......""."'o' 'f'"'' 'i.;(, ' ", ..1;r ann1nd', ,f '- .... . t:.,~~~ftc.G( .0-... . ,'~:';:-"'" ",,"sv'.S-:G~ie. . . .' ~ r-"...... .,~, ..... t. . '4-,-", ..~.:o;'O ,~ Thle. (303) 925-3601 .._,;.-'.~ .~?~- '~., t" ':~~ . ",_u ~;.~~ . ----:y.i~1:~ Pl~ase call if you need any further information. ?1~":'" ....$.~. Sincere,ly, '&..-~ J.v.--,~(6 Bruce Matherly District Manager '.-::,. EPA AWARDS OF EXCELLENCE 1976 - 1986 - 1990 REGIONAL AND NATIONAL /"""'-. ......, "\- I: .~ !;U3 I 7 """CX ~: /?i:JrJ" //1)j) ~~'<O/~ ~ ~~ WAYNE L. VANDEMARK, FIRE MARSHAL 420 E. HOPKINS AVENUE ASPEN, COLORADO 81611 (303) 925-2690 , FROM: Leslie LaDiont, Planning Office wayne "Vandemar~e Marshal Aspen Electric Affordable Housinj;J SUbdivision, Map; : .,-, Amendllienti GMQS Exemptionj~Cpnd~iUD1lza'!;i9D Special Review ,,- .' ' '-', ' ' ',.' TO: "RE: __.:-" ..~z..-._~"" DATE: August 17, 1992 lie 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. ,......., .' '1 .. MESSAGE DISPLAY TO Leslie Lament , 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 ata drawing' "of the project which showed parking and access off Park circle. It appears from thl;! current EPA site map that p~+tof 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' s'6il, he must contact EPA in Denver for-their approval prior ,to qett.inq an excavation np.rmH-," -' " . '"-4,- '::-:'. ....:-.~.. . ~.::. '" '-'.' ""' ....., MEMORANDUM TO: Mayor and City council THRU: Diane Moore, City Planning Directo~ THRU: Amy Margerum, city Manager 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. 'r f"'Ur fJs n/ Prl-~n P\c)'hr'\l":] ~ce~ r:oo s Gc~\enq Asrev\: Co e10( l P A-k I. V\ C OUl"--A-Cf 000 b rnC\.~n Aspen L Co ~ I <Ol \ 4pen/ A+kih P/afM1rcJ (J-Ff;'CG /3CJ :s Galenq Ihpeil, Co 81 &; II $~U")O AM or r 'D !992 8/f:;\' ler"-~ -A lI'e-t) Box 3G, S '1 LL.--e'l Co BJ&>Ja ,- L>f1 I ALLEb5"1 ALLEN Wfl.::'" -'-- ~~170' FL W A YiJ..'''':; USE. :: I _. .._-"....,-.,......,~...,,."-,...,- ~-' " .......--~.._~,- ,..-~-"" 81b121008 lAq2 10/22/Q2 BOX CLO~EO , UNABLE TO ~ORWRRD RETlIRN TO SENDER "'...!!"...U"II,.II".!!..II..,II."",!III.,.!!,.,II..,I !-is?en! P/f-klh PJQh(l)')j O+hCG j ) 30 S Galenq Aspen 1 Cb 'C I 0 I \ ~c..::)~_/VC_ ,I;).' t) ,1,., ~ . ATlf2:h'f'TED.. NOT KNOWN -_..~ [' WAye: ~ - ',L..'"~"" USE~' .. '_.'. U,UL__I'':' r\,/", -b ,:JaCk\e..~ ChaC\.v)€r- f'( '-J \ -J! /3"'.:z / / / rn Id la nO Park P!o.CG Aspef)j (b Bleoll '\ I '.. \ !f.:sDerJj A+Ic( ~ PIo.'lY'\il"Q o-R=;S~~;-'i~"";f;;; ..'. J 'J/ ""&,__"( \ '~. /30 S GQ.\ev)o;:;"-\~S:,(::~':,,;;L.. ~\. .........'. As~-f\ I. C 0 ~ I f.I; ll",o ,."c..'\\. Bab -b G, \e.,do. 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'-- L, . Ro6eri -b Gle"cto\' S m:+1r) ~Cf) Vo..rk C(r-cJ~ As~Y\, Co 81tt; 1\ :'\\. ill ill i i\\ SEP I ~ 1992 I II! , I'_'..).\._ _ l. ,.. .4spexl PH-KIYl P)w\r\iI)3 130 J Go..lenC( A0P~hJ Co 81011 (',1C'N C '>' 0 A" SE P 12 199L .816\' Anr.::MPTEO. NOT KNOWN eo>) -b c:s- lAck-Ie C hC{l{Vl~Y-- / t I fV\(d'lcv"d Pcv-kfuC'e.... ASfe'A I ("0 8}(o J I Aspe.rJ) P,'-lk(~ Plo.r!rlih3 0-F=Ac'e.- " /30 S GC\. (E'llq !-1spelJ; (b 8 lViI' ML~A JOh~ 2cl\ \5()X / /3)'1 ASpeh, L?J-~ -. ALW~YSa,~,,". : U0E ."", ',;''f' .' .: ~"~__', ',H'.' .~,. _ " :k 5- d~ I SEP I "1992 -,111'I1 I~~L _ -~..- \~"9' 11LV/,AYS~..~ '~, LJSF " .. l .- I. . . <~.~"_.. ~~~" b ~ L.- I - ~. [ ZELL31.<f 81.&1.2100& 1.Sq1. 1.0i23/Q2 ZELL BOX Cl.OSED UNABLE TO FORWARD RETURN TO SENDER 111,,,11,,,,,11,,11,,11,,.11,,,11,,,11,,.,,.11I1,,,11,,,[1,,,1 /:; Spe tJ J Prfk I V) P!a.r'I r\H"3 /30 .3 GQ"'ena.. 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"'. ~SPEN/PITKIN PLANNING OFFICE 130 South Galena Street Aspen, Colorado 81611 Phone 920-5090 FAX 920-5197 ~ MEMORANDUM 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 Leslie Lamont, Planning Office Aspen Electric Affordable Housing Subdivision, Map Amendment, GMQS Exemption, and Condominiumization Special Review 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 II, 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. SJtjHl, {OJtJl'( ~,')l1~\J Do\?',11 J".)(l..J,~G i'v:A~os.<" LO"f lJt.y,/ L{:)oQ.. -: 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. ? ,- a.u.'q.. ]I) I 'l q ~ ~~{.' " -.-- - 1/ j, , --"J-:/;'. " clc._l,...-I-~_, -cL /" '.:U->;; c::6-'t</ I,..c..u.-.-. ~<!--o,c ~w- r').;~t ..A-Y'- ~-v .-~.(.,: l,~(~: (_ ("V f_<L,... 1/~ * '<:' /! '~;.I;-~' ,.-"- <..,) /~/~o.l~'~ --- (' <" ..,.,G. ~Jl~c. rol1. ,~, ~_ LJL.t.c-t:.{.~_. ,[1'-6'-<<'.' t::.", I ~:'-~;t l3..J () .,. i-loft/t,il ' ('. ", / > \-: I":. "', !~/-, C. ,- .> ^"? :;> - ': ." "",", Date: DEVELOPMENT REVln COMMrTTBE ~ SUMMARY SHBET Chairoerson: L Case Name: Case TVl)e: r:\f ~c{:r_JLJf{JG ~l u~~ RBFERRAL COMMENTS SUMMARY: city Bnqineer: (memo forthcoming: yes no) county Bnqineer: (memo yes no ) no ) LP~ \~f~ )(\~Gf' ~;R~['~~ Environmental Health (memo: yes Fire Dfarrent:-l.(i-emo:~~ '~t I 5cm l'-. \ ,.. . ., \ .3../ Parks Department: (memo: yes no) Buildinq Department: (memo: yes no) (mem~no ) ('P&~J<; i #41!PAfl~ Housinq Authority: Attorney: (memo: yes no ) ~~~~~/~~6~~~~~1)gl\)strUM (Jn~ ~"c1 o .~~Cr:.rJ::'~~ ~ ~fh~rw'~f~d ~ , , MESSAGE DISPLAY TO Leslie Lamont From: Rebecca Baker Postmark: sep 14,92 9:45 AM Acting for: George Robinson Subject: Aspen Electric Housing ------------------------------------------------------------------------------ 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. -------========x========------- " .- "U0 ~Iffil SEP I 4 I9Q2 , MEMORANDUM Ii :\\, u \ .. To: Leslie Lamont, Planning Office From: Rob Thomson, Project Engineer ('RS"l 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 EP A 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 preparation of this sUfVey plat. was used In . 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 reseIVe 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 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. 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 engine,ering 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 CASELOAD9Z.021 '-.. , " < 1 p.t!'; 2 0 aspe August 19, 199? Marci a L. Goshorn Gold Key Service r;16 E. Hyman Avenue, Sui te 10,: Aspen, Co 816J 1 SU8JrCT: Aspen Electric Employee Housing Dear Marci a: The Ci ty of Aspen Water Depurtrn"n\. does hilve the capaci ty to serve the proposed develupment 31. 500 Park Circle. There is a 6' C.J. main located on Park Circle that has sufficient valuloes aneJ flows to provide domesti c water to the proposed bui ldi ng. All design, material and construction shall be in,accordance the establ i shed standards of the CI ty of Aspen. Wui ver of ff''''''' wi II have to be .If:>proved by Ci t.y Councl I. wi t h Lap 5i ncerel y, h~~ Judy McKenzie, Customer Service Supervisor Ci ty of Aspen, Water Depijrtment cc: Leslie Lamont, Planl'fll,g Office Lal'ry nail enger, ~.Jt;t[,r Supr:ri Jit,-:ndEfit P,UG I 7 w~ ~~VA~ @FMAd 420 E, HOPKINS AVENUE ASPEN, COLORADO 81611 (303) 925-2690 FROM: Leslie Lamont, Planning Office Wayne Vandemar~re Marshal TO: 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 C9onsolidated Sanitation rnistlfictlull\\L SEP . 11992 565 North Mill Street U _ Aspen, Colorado 81611 -,I I ,It ,\ \ ,/ Tele, (303) 925"3601 FAX #(303) 925-2537 Sy Kelly - Chairman John J, Snyder - Treas, Louis Popish - Secy, Albert Bishop Frank Loushin Bruce Matherly, Mgr, September 9, 1992 Leslie Lamont Planning Office 130 S. Galena Aspen, CO 81611 Re: Aspen Electric Affordable Housing Dear Leslie: 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 wil I 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, ,] - (>->--~~ hA<--;)..._cr(rS 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 Lament 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 qettinq an excavation nArmiT. \ " PUBLrc NOTrCE RE: ASPEN ELECTRrC AFFORDABLE HOUSrNG SUBDrVISION, MAP AMENDMENT, GMQS EXEMPTrON, CONDOMINIUMIZATION AND SPECIAL REvrEW. NOTrCE 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. Mavor 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, CONDOMINIUMIZATION 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 Leslie Lamont, Planning Office Aspen Electric Affordable Housing Subdivision, Map Amendment, GMQS Exemption, and Condominiumization Special Review FROM: RE: 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. ,'''''' .....,..., 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 fOrIlll:apz.no.pb 'I'" .1 \,,,",,. '---- :- . Aspen Electric .A. -t=-t=ordab I e Housing L ASPEN ELECTRIC Affordable Housing Land Use Application 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 , 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 (AR) 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 criteria: and 2) 1990-95 Housing Guidelines. on: 1) (AR) Affordable Housing Zone Production Program: 3) 1990 Affordable 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, '/'1')1 ~'-;/) {/ f! c / jlw L~C, Cc~ 1 '<.-0't%J Cu( r \ Marcia L. Goshorn Gold Key Services 1) J\:l'I:J\CI "'Elf!' 1 "~"}\ND lli"E APPLICATIOO ~ ;C}St:>('r-'I (lIce-lIte. S~bch~5J'Or"\ I p k (1' 'I Project Location 500 A R . / ;;e.. C vVc..U) ctclcllGSS f)S5jCll\rnefy-t_ (in:licate street ad'Iress, lot & block nmtler, legal descripti~ 'Where awroPI"iate) Present Za1.inJ _R- J 3 P Lt 0 4) I.ol: size /0, 3c.OO + 1q:plicant's Name, hHress & ItJone f _I?r. rrl[ o..r\d Sharon SieSe.1 :J 10 S'e:SO-m~ S-\-ree..-\- I M5ft'J'\ (10 l~03) 96)5-/791 nepresent.ative'S Name, JIddress I< Ibca1e f 11Io.r<'-lo.. L C..,nShorl\ .Gcl.d /(e.'1 Se.nJt~e....s ~/&; F J--I~mC\(\SL-\;k.Jo.;;>. Asoe.f\ ( 303nOlO-9d'75 7). Type of lIWlicatico (please check all that awly): ., Project Name 2) 3) 5) 6) O:ntitianal Use ..i.- Special :review 8040 Groenl~ _~SPA Final SPA _ 0:n:xlJb1al Historic Dev. Final Historic Dev. _ stream Maxgin _ a:n:eptual IUD Final IUD Minor Historic Dev. ~. Historic Dem:>litico _ Ibmtain yiew Plane..:.t.- Sulxlivisi.cn . -X- On::kmini.~tico -X Text,lHap Amerrlment _ rot Split;lDt Line Jldjustment _ Historic Designaticn _ on; Allotment -J- on; EKaIpt.i.cn 8) Descripticn of Ex:ist.iIq Uses (r<lIYhPr am ~ of ex:ist.iDJ st::I:'ocblres: arprax::imate sq. ft.: nlIIher of bedroans: any previcus awrovaJ.s granted to the property) . Proposed SlAbdl0lsio'l S JIG 10 CVlr,er-A-lcr Q - \ )C\..co...-n+ )0+ 9) Descripticn of DeIIel~jt Arr'J j""ticn (JJe- CAre.... ,ecyues-hh3 ~nd -fol 0. /0010 e mplOVf c:e... +,i - p \e...)C 10) ~ yen att:ad1ed the folla.rlng? Respcuse to Attachment 2, Mi.n:i.num f:I,l-mi"""i.cn Oantents --;;:;"'" RespalSC to Attachment 3, S{V'('ific Snl-m;=i.cn a:ntent:s ~ Respcnse to Attachment 4, Review starrlards for Yoor ~1i""ticn USe deed AWrol)Cl. \ S' re.s-\-rid:ea ",,,- 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 TABLE 1 2 3 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 EmIBIT A B C D E F "~ LIST OF FIGURES FIGURE TITLE Location Map city of Aspen Zoning Patterns City of Aspen Existing Land Use Patterns RFTA Map Community Facilities in city of Aspen Community Facilities in Pitkin County Proposed Zoning Map Existing Zoning Map Subdivision Plat Proposed Lot Line Adjustment Proposed site Plan and Unit Designs NUMBER 1 2 3 4 5 6 7 8 9 10 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 (AR) 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 AR from R-15 PUD (Section 7-1102) * Exemption from GMQS (Section 8-104.1c) * 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 within each section of the application, are provided to supplement the text. referenced as exhibits and contained in =igures ,maps and tables ?ertinent documents are the Appendix. - ~~ 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 lot , 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~ot Line Adjustment, figure 10 and County Intent Letter, eXhibi~.1 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) '- 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. 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. - - 3.0 EXISTING CONDITIONS The proposed Aspen Electric site currently exists as a vacant site with natural vegitation. 3.1 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. * There are excellent views of Aspen, Aspen Mountain, and surrounding mountains. 4. 0 DEVELOPMENT PLAN The development plan is for a 100 % deed restricted employee tri- plex. The units will consist of l(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. ",-,- 4.1 WATER SYSTEM The City of Aspen can axisting water-lines. capacity to meet both project. provide service to the project from its The lines have adequate pressure and domestic and fire protection needs of the 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 (AR) 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 Guidelines and 1990-95 Production Plan. The proposal consists of 100 % deed restricted employee housing. -,""'" 4 . 8 STOVES AND FIREPLACES The employee deed restricted units will not be equipped with heating 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 LAND USE REOUIREMENTS The Aspen Electric Affordable Housing proposal is subject to the following review requirements:Text/Map amendment,AH Zoning, ( AH Ordinance amendment ), subdivision, Condominiumization,GMQS exemption. (Pre-application Conference Summary, Exhibit D). Section 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 MUlti-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 Park Circle which will serve to make that area safer for pedestrian and bus trafic. ........ 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 CAR) 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. . 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. 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 those which are affordable by working residents. The proposed Affordable Housing (AR) amendment is consistent and compatible ,;ith the community character of Aspen (Land Use application, Section 2.1 ). 6.0 CONDOMINIUMIZATION The tri-plex proposed for condominiumization is 100 % employee deed restricted which will be built on a vacant parcel. ~ve 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 alII Employee Housing guidelines in sales price and occupancy. 7.0 GMOS EXEMPTION -::'he Aspen Electric proposal qualifies for a Growth Hanagement 2uota Exemption under Land Use Regulation Section a-l04(C) (1) (c). ~he development plan is for a 100 % deed restricted employee tri- ?lex . The units will consist of leOne), 3 bedroom 2 bath, 8atagory four unit with a ~wo car garage and 2 (twol, two bedroom c'"o bath catagory 2 units, each with a two car garage. ~he 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 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. ~ Dimensional Reauirements Criterion 1. Minimun Lot Size All Zone 3,000 sq. it Proposal 3,000 sq. ft. 2. Minimun Lot Area/Unit 2 bedroom, 800 sq. ft. 2 units = 1,600. sq. ft. 3 bedroom, 1,200 sq. ft. 1 unit = 1. 200 Sq. ft. TOTAL 2,800 sq. ft. 8,000 sq. ft. Ta.ble 1 DEVELOPMENT DATA l'lumber unit Type 2 2 bedroom,2 bath 3 bedroom,2 bath TOTAL EMPLOYEE UNITS Category Cat 2 Cat 4 1 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 Average number of Children Average Household Size = 2.0 = .6 = 2.6 Kids in School 3 deed restricted units = 1.8 kids 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 1.0 1.0 1.5 kids Total Residents 7.5 Total Kids 1.5 Table :3 ~..'., - GOLD KEY SERVICES 616 E. Hyman Ave., Suite 102 Aspen, Colorado 81611 (303) 920-9275 ~mgust ;0 ,. 1992 Ms. Leslio Lamont Aspen/Pitkin County Planning Office 130 S. Galena Aspen, Colorado 81611 1m: Aspen Electric Employee Housing application for Subdivision,Map Amendment, Condominiumization,GMQS exemption Dear leslie, Marcia L. Goshorn, Gold Key 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. ,/ I (l .I! /,,-Jc=;kl~L?/ 7 [ 7z DarryJ5~egel Date ~. .'/ / ,a..,/J,.., vL~~y )/7F/:J..-' Sharon Seige'l. Date ''''''''' exhibit At.. fu..wyers Title Insurance (9rporation :'-iational Headquarters ~ Richmond, Virginia poliCY Numher 85 - 00 - 492958 SUBJECT TO THE EXCLUSIONS FROM COVERAGE. THE EXCEPTIONS CONTAINED IN SCHEDULE B AND THE PROVISIONS OF THE CONDITIONS AND STIPULATIONS HEREOF. LAWYERS TITLE INSURANCE CORPORATION. a V"glnla 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 Company may become , 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 hen or encumbrance on such title; --- 3. lack of a right of access to and from the land; or 4 UnmarketabdllV of such title. IN WITNESS WHEREOF the Company has caused this poilcy to be signed and sealed. 10 be vAlid when Schedule A is countersIgned by an authorlzed officer or agent of the Company. all in accordance with its Bv-Laws kwyers lltIe Insufflhce (9rporalion J1 Me v) ~6\A- President ,4.ttest 4J~C L Secretary. - exhibit: B POIICV 85/99 Litho in U SA ;')35.0. 085/99-0c06/ 3 Cover Sheet ALTA Owner'5 Poll'" .." >< .":0 ENDORSEMENT FORJol 100.]1-.. kwyers l1tle Insurance (9rporation NATIONAL HEADQUARTERS RICHMOND. VIRGINIA NUMBER .-' '"" C ')' f' [' n ., ~: L.; u ( . n ~) ,J it CODE NAME '="IIachea to ana made a pari of lawyers Title Insurance Corporation No. 85-00-492958 .~! IllC Ccmpany hereby insures 10 Insured against loss whidl the insured shall sustain by reason of ;:.iJysical, but nut J(:slhl.:lic, u..JIllage to improverrents existing on the land at Date of Policy or constructed ~;lereon thereafter resulting [ran 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, ho.vever, to the following terms and conditions: 1. The insured shall notify the Company promptly in writing in case knowledge shall come to 3n insured hereunder of any actual or threatened exercise of the mineral rights. 2. TIle Clxrrpany 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 minliTIize the extent of its liability under this endorsement, including, but not lUnited to any or all of the followin~: (0) In the Company's own right, or in the name of the insured for the Company's benefit, to iost itute, prosecute and pursue!. to finnl detenninat ion any proceedings at law or ill equity, or before any municipal, administrative, or regulatory tribunal or board; (b) ;n the Company's own right, or in the name of the insured for the Company's benefit, to canpel the giving of security)""ld-m<.."ndertaking by the person or persons fran whan . -- .~ ._,""",., :hc insured is entitle~bv~~~ s~~ty, bond or undertaking, and in the same "'DUnL or allDunts to whi"J;l:~e 'in~\\~J~have been so entitled had this endorserrent :lot been issued; and" __ ....-i".";",.~ ':.-1,\,1" ,'c) to retain or be paid,~B. r .')~~, bond or undertaking, or out of any ccnT(X'osation or [Und~r~c~~ .'i:~ ~~~y or the insured, such arrount as will reimburse tile Canpany~rdr,'!"_al~ ' n 5 tL~c"to the insured by the Ccmpany by reason ,-"1.' the insurance affotdecrby lL \e " \~.J.e'~t, ,together wi.th all costs and expenses -'- . \ .' ',~" ~~lcurr(>d by tll(; CanpaJy ,LQCO el"id) t;he,tcwich, including attorney's fees. -. :io r;eNs, benefits or de\dnses-arl it ~'e~'~~ qi' shall be deerred to flow or be made available to ;my person or entity ot~er'~anrJ=h y.n.i~ by reason of the insurance afforded by this cndors("'("fent, ~nd the insure~d~g.r~5g ~ttkr ~l ~:t.~.~e insured's rights and rerredies against third pert les rplatln~ to the subj~ft. ~ter th~ enoorserrent shall be deemed to have remained intact, in the SCIl'e manner as if this':~orserrenLb9d not been issued. Tll;s endorS(>rlH''''! IS mnd.. u nort of the policy or commitment and is subject fa oil the terms and proviso ens thereof crnU of CJny prior endorsements thereto. Except to the extent ,'xpressiy stated, it neither '110dif,es anv ci the terms and provisions of the policy or commitment and prior endorsements, if ony, 'or does ;. e)(lpnd the effective dote or the policv or commitment and prior endorsements or increase the face omount thereof. IN WITNESS WHEREOF, fhe Company has caused thi 5 Endorsement to be signed and sealed os of the 1 I day ci AUGUST 19 86 to be valid Vvhen countersigned by on authorized :::-flcer or agent of the Company, all in accordance wit:l its By-lows. 'S5ued at ____-"'5PEll~CQLDM.DD.____ ~. lllle '''"''f'):e Grporallon U7uc ",'y~ Pre.ldent ~.,....' "'nelfl paL../ ~ L~ s.a......,. rORM 5-8 ROCK '.'L~P()SrS ONLY :'ND IS f,(..1 . ..;;1 'Ji THE: ;.JULlCY Pr:JlJerlyT,.:Je ~~rlty PremlUfTl Rate H,~I~ ,;~ Sur\leyAnv y Addll<onal 185 : 1'------ ~__ I I j 2_~,,~ J 5 b AD}'efS lltle Insurance (9rporation Schedule A r-:;..SE NUMBE~-' r-~- ,-:ii'()~ICY-~ r---:,~(5UNT~URAN(~~E: ,'CT-2J-86 .\UGUST ] I, ] 986 , J: ~] p .:1. 'i5,uOO.UO Name of Insured 3ARRY C. SIEGEL and SHARON L. SIEGEL en! , 8 OWNER'S POI ~!-. POLICY ~Jl)Mi-JfH Sr<:JWr-. ~ ~~ THiS :<ritDUlE: '.1US I ,(iRff 'NIIH If'~ PI-l!:PHI{I, ff:! 'aJMBE:R UN [Ht COV!:H ~~1t-E: 1 'rJLIC', .,i 'i;l~r- 85-00-492958 IN FEE SlMPLZ :2 The estate or Interest In the land described herein and which IS covered by HltS policy IS 3 The estate or Interest rBferred to herem IS at Date of Policy vested :1"" BARRY C. SIEGEL and SHARON L. SIEGEL 4 The land referred to tn this policy IS described as follows: LOT J, SUNNY PARK ~ORTH SUBDIVISION, COUNTY OF PITKIN, STATE OF COLORADO. -,,,,,,,,,, TillS Policy,s ,[walld unless the cover stwet Jnd Schedule 0 .Ht" alldched ~SPEN, COLOR~DO. i~Su"U ill iLo".il<onl ALTA Owner's Policy Furm B 1970 (Rev 10-17-7 ....@.lyers,ltle .',nsurance \.9[""xauon OWNER'S POLICY CASE NUMBER DATE OF POLICY -HE POLlCY NUMBER SHOWN ON THIS SCHEDULE \. I1UST AGREE WITH THE PREPRINTED NUMBER , POLICY NUMBER i?CT-023-86 , AUGUST ii, 19<36 )N THE COVER SHEET 85-00-492958 Schedule B liS Dailey does not Insure agamst loss or aamage by reason of the following: ::: ights or claims at parties In possession not shown by the public records. ::asements. or claims of easements, not shown bY the public record. Jiscreoancl€s. conflicts in boundary lines. shortage In area, encroachments, and any facts which a correct survey and inspection '1i the premises would disclose and which are not shown by the publIc records. ,.....nv lien. or fight to a lien. for serVIces, labor. or material heretofore or hereafter furnIshed. Imposed by law and not shown by the )ubllc records. 5 Unpatented mining claims; reservations or exceptions 1I1 patents or In Act authorizing the Issuance thereof; water rights, claims 0r title to water. ,(l;.e0 i'Jr 1986 [lot yet due or payable. Reservations and exceptions as contained in United States Patent cecorded 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 anv vein, lode or ledge, the top or apex of which lies outsid~ of the boundary of said granted premises, should the same in its dip be fouQd to penetrate, intersect or extend into said premises for the purpose of extracting and removing the ore from such other vein, lode or ledge. 3. Easements, rights of way and restrictions, which do not contain a forfeiture or reverter clause, as set forth in Deed recorded March JO, 1964, in Book 206 at Page J01. 9. Terms, conditions and obligations of water agreement between John L. Herron <lnll Royal Land Corporation and Anthony Berwnan, 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 J]5 'at Page 80. I I. Deed of Trust from: BARRY C. SIEGEL and SHARON L. SIEGEL La llle Public Trustee of Pitkin County for the use of COLORADO NATIONAL BANK-GLENWOOD to secure $55,000.00 dated ,\UGUST 11, 1986 rocorded .\UGUST i 986 in Book 5 i 6 ilt Page 399. ........' PoliCY 85 Rocky Mt. (Rev 2.79) litho In U SA f'Dfm No. 035-0.085-050212 ALTA Owner's Policy-Form B 1970 (Rev 10-17.70and 10-17841 rnnur.nht 1Q":;'Q , ' HOLY CROSS ELECTRIC ASSOCIATION, INC. -nq HICH\Vt\Y 11-2 ",0. LWAWER 21 ~O :l.['.;\\( )()!) SPRL'\Jes. C,JLORADO 81 h02 _~U3: 947-)-+'11 ;:.."Xi CJ4')--+11Hl 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: 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 E~T~ ASSOCIATION, INC. _- ~ ~ / I /7 ' / ------/;,-0; c..,;( ::-/~CC</~ JE(ffre A. Frante, stakin~ngine~r JAF:rjm exhibit: C " . :Aspen C9onsolidated Sanitation cJJistvict 565 North Mill Street Aspen, Colorado 81611 Tele. (303) 925-3601 FAX #(303) 925-2537 Sy Kelly - Chairman John J. Snyder ~ Treas. Louis Popish - Secy. Albert Bishop Frank Loushin Bruce Matherly, Mgr. Memorandum To: Marsha Goshorn From: Bruce Matherly Date: August 4. 1992 Re: Siegel Triplex Project ***************************************************************** 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 Mr. 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 feel free to call. Sincerely, il),) / - Li'" -' i~ - ~ . \.1...... ,-.~~{...",- -"'c. .c.' ~ QiQ, Ju.;'>}1 Marcia L. Goshorn '''N;_'- , , .~ 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 % 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, c' rU~~G~LC~ "L>~.l;KL_i:JL 'I ''\ Marcia L. Goshorn ; , - 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 availability of service from U.S. provide me with that letter and any deem pertinent. Should you have any additional questions or comments, please feel free to call. need to provide a letter of West Communications. Pleas additional comments that you Sincerely, I-'ll '_ v i llL~~C\_ c....-"'" ,~y.; CL-!-:;;~v\ Marcia L. Goshorn "'-' 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 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, }"1"1, . ~.' i lL~,,-,---'--~'-- ~~Cl.-r.c, ;-..." Marcia L. Goshorn - , -- ,.,,.,.. CITY OF ASPEN PRE-APPLICATION CONFERENcE SUMMARY PROJEC't: )\ Q J e ./ APPLICANT'S REPRESENTATIVE: y1\ u..;{...-CG~ g,n~]uj1 ~ ---- REPRESENTATIVE I S PHONE: U - g ~ -:;- c:( ~J_::C)J/\ ~,' -P c~y ... \ 'U SUMMARY Type of APplication6l t'J. ) 2(JhA~(,)) ~(\P a~.) Qvy\~S ry,a..~, ...... OWNER'S NAME: 1. 2. development being requested: J S 3. A~as is which Applicant has been requested to respond, types o! repo~lts ~en-~sted: C~. LVJ.~V\ - cr Pr1:J S:+{\"<0 ~1-dl5s;'5 -~ Row policy A~ea/ Rflferral Aqent )I\\~Q)(~ )-'1 ~.L-Q~'O @'u'"Ll<, o-J ' \---\'d.o (J OC<;,,)U ~\~~j1 C';J1.,\~)V,'\f { ...1 I \ Review is: (P&Z comments IS(k ~ O/\~J1wJ, ~~l\nllfOJ(~~~ 4t ~S 4 . Only) (CC Public Hearing; ('~ >.~~- Number of copies of the application t (\JI"__{ Y :) c..,\) uf ('vw,.JJ\"-,&'I\\J,J i -l 0...... ">lJ.{X'~.M;; ,,';"" )'IOP ~~ ------- only) 'C?~:h~_to =22J 5. 6. 7 . 8. - 9. (NO) to be submitted: ~ submit: il.IiI,) It /\]010 )15'" , , I. I v What fee was applicant requested to Anticipated date of submission: ~ " COMMENTS/UNIQUE CONCERNS: (---J I, .-" 9 xt::N-b-i-t- D frm.pre_app - , .~ , Pitkin County " '-. !>.pril l7 ;- /// ~_r / / '- ___,. I / ------ -.,< / / / Ms. Leslie Lamont Aspen/Pitkin Planning office l30 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 subdi vide 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 conceptua 1 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, Idth the exception of his affordable housing proposal. In other words, we "ant to assure that the donation would support affordable housing development only and not any other improvements or developments that could increase the value of 11r. 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 Adr'ninis11atioll County Commissioners County Attorney Personnel and Finance Transpollat1on 530 e. Main, 3rd Floor Suite B Suit. I SOOe f facilities Aspen. CO 81611 506 E. Main Street 530 E Main Stteet 530 E. Main Street 76 SerW;e Center Road (303)920~5200 Aspen, CO 81611 Aspen. CO BISll I\!lpen.COB1611 Aspgn.C08161' FAX 920-5198 (303) 920-5150 (303) 920-5190 (303) 920-5220 (303)920.6390 @printedonrecycledpape, ex h i bit E 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 ot his plans through the City review process. Please let me know if you want further clarification or information regarding this matter. ~ours~~~ . Mar- Fu er,~v~irector pitkin County cc: Reid Haughey Tim Whitsitt 'rom Baker Barry Siegel '-,'<"" 4~~' _.' }.'"\o . ./ ~ m ~ )( ., ., ~ 0 (Q ~ ~ (Q ~ D) '0 -fl .. (Q c: , (D G) .-..- .,.,..".....,~-I r.'. ~.'.I .~ METE.'? .;. BCUND.7 OE..SCRI PTlc;N: 1"- TRACT Or I.-/\I'-JD ~lTUATEO If'-.I seCTION 7, -ro\NN5HI P 10 SOlJn--j, RAN::?E. 54 We.ST OF TM:- CcTH p. M.. t'--{ORto: PARTICULARL'1 [::ESCRIBED A"j FoLl-OW"':>: ~E.GINNIN& ^i Tl--H:: HOST E.A7\~L"1 COr-::NER OF il--lt::. FOR~E.t<::. LOT ~, '::>LJNN'1 P<^-R.k.. NORTl--1 6UBD1VI'S(ON, OT"1' OF ,ASPeN, PITKIN COUI'JT'1, CDLO~,VO / I1--IEl'-lCE.. "THE FOLl_OWING c.cuR'St:.'? ~ v I ':7TANCE"':> '. ? eo. 2.1' E 37.5(:) Fi. ? 34" 27' E:. 2&.2:5 FT, 040o-:Z4''24"W 1%:>.~FT, N21"01-'W <:<0[.2'1 PT, <j40.2A'Z."1"W 4-t?'7 -rr:, N '7z."CO'W 1-3B.04 FT. N :zq"CO' 00" E l-Zo.CO FT i, <j15Z?CO'l:. . , 17211 FT -ro l-HE VOIN! Of" BE:6tNNI"'-G,.. CDNTA\NI~IG-> 0421'1 t\CRS"7 Iv1()RE Of'- U:.~. The new assigned address for the three units is 500 Park Circle, 508 Park Circle and 510 Park Circle. ex.hibit F ~~ I ).:..'~: - / I ..-'----1 // ~ '---~ ~ ~ ~ N n s: i ~> 0 ~. :J QI 5' 0 'tl ~ }1 10 - W ~.>#' "'ll )> J> Q) In ::t '0 ..... III III .., :J :J ::J In ~ l c: f ~ Q~~I:l~~[]l!;lO ~ E)I!I~ l:11 U1DBS . J! .. .. III n '" '!' '" '1' 3: '" '" ,... !:j III Z 0 <;> n I>> z 0 c .. '" .. w - I 3: 3: ;, Q n - n ::J II . CD >- 0 '" .. ." ~ '" n ~ ::J ~ ~ >- ,... '- .. .. III n '" '" '" '" 3: '" ,... ,... III n z 0 n n n :j" . . c " 0 ~ . . . 0 . 0 0 . 0 . 3i 0 0 0 i! j;- CT 0 , . . . !!: . Q. Q. 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I /" ~ .t:\ 0_,,+ 1_'_"_' ~- ~" .,........ 1'", 0.0' -l~-ID""":;;;' i~ ....'""'.~.~. "~.-..?"~;:. t~ . . 'v .. . , -' ,,",;., - 'b~ ~ ?t" ------------ ~....,' ---- J! S' .- " n ~r-tOQJo -. ::T :;l n. 3 :J CD ... ::: 3 n 0':< c o :J :J C UI -. :J ... :< -< ---\ r 0>> %" -" . . - , , <-JWWW Ultn__O~t:~~NNN........... N..OCD.... ;;nN,'" H~.n.H>PXI!" >UI'" ; t!.;a.;:'tIa:'O-8.~o2....a~~ ! n ~:.. ..~ < 1.~'tIo.'O >=0 ~m~~. n~=to2. .G8.o<.~xlf~~..i ~ oX oe.3 -.. 0...... 00,," O<UlC-- G".~ ~ nC ~.~A7. ..cp C! ~.~ g.~< 5: i'cn:.a mi s:r:iF~ 2' :ogo~<~g..~.~~i~!~O o -3 - ~ .; en:r l t- z g.. nil 7' ! g ....... .00 .n",,-. ':I >~ ,"~6~ 2....a ~a~ .~ a :I one -' 'Ot. l 2. "'i.~5" %~> ~~ 0 en ~~.~ ~:l5 01:-" -;:0,' ...... ,('IV ~ . a::i :ae! !!_, n~;:- o ~ n ~. . is ~ ~ -tl -. 0 . lQ ii! .... . c: ~ . -< ., - CO ,(D CO - 00 , . ~ ~ ..... - i . '(II " - ~ ] --- ~@ ---- < o . , . , I I L_ m .,.... .V . -- i ~ ii :J j~ ii\!~ tl aJ. l ...,,,.,.., ". . . . . . N o ~ ., ~ le ~ D) 'C-h ., le. e: ., (D -a ., o 'C o o (D C. ~ .,- No' ~ utll/ ~ no t u(n-dtl..... df jireL(?m tJr (d-"r>1y ~P'Zf i-u /1110 tfldt..{. Jrn<glifl2lfl"'f gt1CG tl "'1U " 111 ft? r 0 u ORNNANCC OF THE BOARD OF COUI~ COM~ISSIONF.RS OF PITKIN COUNTY. COLURADO CRANTING EASEMENT OVER THE SALVATION DIT~H FOR LOTS 3 A.~D 5. SUNNY PARK NORTH SUBDIVISION Olt-~!r ORDINANCE NO. 87-____ I I WHEREAS, 8040 Greenltne Review Approval W8S granted by the Planning, Zoning Commission of the City of Aspen on August 5, 1386, for Lots 3 and 5, Sunny Park North SUbdivision, and WHEREAS, .s a condition of the approval the applicants were directed to negotiate wi th 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 tratl easement, and WHEREAS, relocation of the trail easement bas not yet. been determined, and will probably not be determined in the near future: and I WHEREAS, the temporary road right.-ot-way acceS8 agreement ia tor 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 easemont to the.. properties works a hardship upon the propert.y owners, and WHEREAS, the grant of a permanent acceBS easement ia in the public interest, and not detrimental to the interests of the County at large. NOT THEREFORE BE IT ORDAINED BY THE BOARD OP COUNTY COMMIS- SIONERS OF PITKIN COUNTY. COLORADO, AS FOLLOWS: S@c~inn On@ 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 1n substantially the form as cont.ained 1,. Exhibit -A- attached hereto, and subject to the conditions specltled therein. . .._.~;.t .' ... - .. '~~1.,~" ,~ "-_' ,.-' , . ,'~ ....t ;::J:!(I p' ..y......"?...c,.jo~".c. ,)Iol, - ~'S EXHIBIT "A" EASF.MENT Ar.REF.MENT of This easement agreement made and entered into this _____ day , 1987, by and between the Board of County CommiS&loners of Pitkin County, COlorado (hereinafter reterred to as "Grantor"), anel Barry SIegel and Robert Smith, (hereinafter referred to as "Grantees.). WITNESSETH I WHEREAS, Grantor Is the owner of certain real property within Pitkin County adjacent to the Sunny Park ttorth subdivi- sion, AS shown on the plat uf the Sunny Park North Boundary Adjustment and Annexation Map, recorded in Plat Book ___I at Page of the records of the Pitkin COunty Clerk and Recorder, -. and WHEREAS, the Grantees are the owners, respectively, e,f Lots 3 and 5, Sunny Park North SUbdivision, and a8 luch delire permanent legal access to their property, and WHEREAS, the Grantor wilhes to convey, and Crantee. to accept, a perpetual non-exclusive easement appurtenant to Lots 3 and 5, over and across the above-described lands of Grantor along the aliqnment of the Salvation Ditch Pipeline from the Smuggler Mountain Road to the boundary between Lots 7 and 5 of the Sunny Parle North SUbdiVision, all 4S shown on the map recorded in Plat Book _, at paqe _. NOW, THEREFORE, for the sum of Ten DollarlS ($10.00) and other good and valuable consideration, the receipt and 8uffi- 1 .. " - i f.'. I c . , t ", \.> ~ ~'. ' ~ ,W: . :'.":,~",.~, I~,,";I' ',.' .';" 'r'. ',' '~. ~ \:~~E:t~.t.'.:., ~:~~~j' . ~M,~ ~'.." ciency of which are hereby acknowledged the Grantor hereby grants an1 conveys to the Grantees, ita Successors and 1881gns, a non- exclusive easement appurtenant to Lots 3 and 5, glJnny 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 I I i .ujustment and annexatIon map recorded in Plat Book ____, at page -, of the recor ds of the Pi tki n 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 datI! of this agreement, and l!Ihall make no demand upon the Grantor for any 1m.~ro'lement t('l the condition of the access at any time. 2. The Grantees shall enter 1"1:.) an Easement, Ose and Maintenance Agreement in a form .atisf'Jctory to the Grantor to provide tt.e Owner of Lot 3 with an ea.e.1tent appurtenant for ingress and esress for the us. 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 ingre88 and .gre.1 of pedestrian and vehicular traffic OVer the full length of the easement granted herein. 111e Grantees .hall agree to share in the cost of maintenance and repair of .aid easement. The Agreement shall be binding upon the J. 2 " " - ,-,.n "..t'".~'f-> r" ",,:' o. ......[~ ~ ..__of. .'...:.....:......,." " t~,~~ . ", . ,.;.... f" " Successors and assigna of the Grantees. 3. 'I'he Grantees shall not interfere with acee.. to Lot 7, Sunny Park North Subdivision over this ....ment, and shall not cause undue hardship to the Ownerl of Lot 7 regarding the use of this easement. 4. The Grantees shall alBume all liability baaed upon the condl tion of the easement, and the Grantor shall not be liable for damage caused to persona 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 .asement or other use thereof. I I ! ~ :! " t'- :,~ ~ 'I ~ ~ ; ~ ,~ ~ ::!) }~ ~,j '~ "" ~ '~ t., "'j ~ :~:~ , ~h ..' \~ ',:'-!, }~ '~ '('i" :; '. ~:" I \ 5. The rights, duties, end obligationa herein contained shall inure to the benefit of and be binding upon the parties hereto, their successors and aS81gnl. ATTESTI BOARD OF COUNTY COMMISSIONERS PITKIN COUNTY, COLORADO Pat Belfont Deputy Clerk -- By. George Madsen, Chairman APPROVED lIS 'Ill PORM. ~ QJi( omes enton ~mlth County Attorney (Acceptance on Following page) 3 ." , - .. "",'" ~. ",'.' ",. '\. '1 ,~~. ..~~~~.~:~ ,'~ ~''''~'''-''''1'''-' ."'.,:i;,....".""'lkU"'IT', '.\.:>:~}~""'" ,; ,f~l'i""~,'t,.-p'.~~ .l{"~";i1,J..f";'"''''\.~l~''' ,.",.,,:<,,-, _" ~ ~~\- ,:~'~...' .~~~l'~:'.!,~.'~:f/*."'~:" ",~ . " -'. , ... ....... .l1'~~'(d JP' ",' '~.....~_::...::~~:..rJlt"""...-~~\);":~~~~i"'~A:~ . ; ACCF.PrANCF. Barry Siegel r I I i , STATE OF COLORADO COUNTY OF PIKTIN ) )SS I The foregoing val acknowledged before me this _ day of , 19_. by Witne.. my hand and official ..a1 Notary Public (Addre..) My Commission expires: Robert Snli th STATE OF COLORADO I ISS COUNTY uF PIKTIN I The foregoing was acknowledged before me this _____ day of . 19_, by Witness my hand and official 8ea1 Notary Publi~ (Addu..) , i I My COmmidslon expire.: esmt.agr..iegel..mith.t. 4 ~ " - ,. ~'_"''''~-'''A''''''\f'''''','''' ~ "\, . -. "-........:~;:....;...._. Blake said that the misplaced s1gn had be.n in place tor approximately 20 years. He said that the tendency 1n the County was to leave some of these types of peripheral issues unre.olved, but he advocated the complete resolution of these matters together. Kelly wanted the exchange of deeds aa 800n as po..ible, in that his client was continuing to erect expensive fencing on the 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 siqn. Kelly qave his quarantee to the Board that the matter was not one of money for his client. T~ Blake ~ed to table the issue until June 8th, 1987. Georqe Madsen commented that his opinion was that the issue was a private matter. Crowley aqreed. :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 regardinq the siqn with the SRA, (as the owner couldn't afford to hold up his fencing and other plans while waiting for a resolution regardinq the problem of the sign.] Blake'. aotion died for lack of a second. At 4:30pa, Fred Crowley .wed approval of the Ordinance Authorizinq the Execution of Quit Claa Deeds to Correct an Bas~nt for Brush creek Road. Colette Penne seconded. The ..tion ,passed 3-1, with Toll Blake dissenting. Tom smith said he would follow up on the matter to see that it was resolved. NDLIC REARTNGt SALVATION DITCH POR Smith AN ORDI1fAMCK t:RJJft'YRG DS1I!IlI1l!tI'P mnm. TIlE tnTS :1 . 5. SmlNYPARK NORTH SUHDrv:rS:rON - Tom 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 ace... granted 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 easements on the properties by the city. Aa the trail eaaements were going to be required in any event by the city, smith recommended approval, subject to the conditions contained in the BOARD OF C01lIITY COIlMl:SSIONERS 19 MAY 26TH, 1981 "t":, ~li.;. .. " - t',""h " '\ . ~T.:::. r ~ l ordinance and the attached Exhibit "A", entitled "EdS.2ent Agreement. 'I Colette Penne aoved approval ot the ordinance Granting an Ease..nt over the Salvation Ditch tor Lota J 5 5, Sunnypa~k NO~I Subdivision. Fred crowley seconded. After some further discussion, a vote was taken on the motion. AIFMC ~tON AUTHORIZINC ACCEPTANCE OF ACC^'~~~.J.~ EASE'MF.NTS TO PITJaN COUNTY COMMUNICATION SITES - : ~.ln Dady Madsen asked about the coat. to ths County regar\Ung the item. Dady explained that there were two mountains involved. The first, {Grange] on Elephant Mountain, would cost the County $1,000, and $250 in leqal fees. The other thre~ ease"entc were sequential for access to Williams Hill: 1. ....p(ln 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 signature. tor the easement 1n sequence. He acknowledged Madsen's comment that the county would be paying for a qate for one of the properties. At 4: JOpII, Coutissioner Penne .oved approval ot ttt~ ile~olutlon Authorizing the Acceptance of Access and. Utilit.y Base.ent.. to the Pit.kin count.y c~ication Sites. T~ Blake seconded. AIPMC A RESOUlTION TEMPORARILY AlmtfDING ARTICLB 32 01' 'I'HI!:: PI'i.'KYJII' rr:DN'I'Y AIRPORT REGULATIOMS TO PKRMrr LIMITED CURJPmI KXEMPTIOHS POR T<<W SNOWMASS BAI.IDON nSTrvAL - PIRST READIlfG AND PUBLIC HEARING ~ - Ed Thurmond There was a brief discussion off the i.sue, as the ll.eet.inq was a few minutes ahead of the Gcheduled public hearing at this point. RiChard Arnold was in att.endance for this item to answer any questions for the Board. At 4:47pm, the Public Hearing was opened, and ~hurmond presented the item. He explained that Air Rescue viII be providinq a Super Cub plane on the 10th, 11th, and 12th as a safety aircraft tor the festival. The plane viII provide observation of t~e location of the balloons, and radio communication. between tht balloons and the control tower at the airport. Public Hearing to be set for June 22nd, 1987, at 3:00pm. T~ Blake aoved approval. COlette Penna seconded. AIP'MC BOARD OF COUIITY COIII{[SSIOHI!RS 20 MAY 26TH, 1987 j .. , - I I I '..~\ /' ~:t'. '. ~;.. ,.:... ._~ . -.., ~'--......~~-- llllIII 546 _515 If = f ~I "~ ,~: N CD ~, C en '0", 6llBJ:1lWi7 .. . . II tf~i ~>-'.)> lIitliel:tJllU.u Utillty ue... fer &.ot ) .nd Lot 5 .unny 'arll' 4, ",',' " Ilortb 'ubcU"Jalon looat.d .t !to and 200 Park Chcl.. ',~..!f;t(1)";~ ",,}:;.: -':':A~~:~" , , .: ,',' '~"~~~-'/:;~~:_:,'~{ ;:,";.: . : ~1 TIla .la9l1a a,r.. to 9rant tb. "UbI an ..._nlt~ on' "'.""i'.',;, i ~ '~.'.j;.'.i;l:;~'::- :~=~.. c;:.~r ':~t::~ ~l:~ '::ta:-r=ollo~U1 e="l:m';~:U.4'jt !'t~.<:~'.,.,;--, connec:tlo!l (ber..fter .utl1.ty ......nt -.. -, .-'-:- ,-' ,.' ';',,; ,...;~,.., 1:~~-';>.','" , ' " .~:~~{.~.. ::t'~ ..: 'lb. uUUty ..._t will be ..lllulne4 '0 tbec 111 tile. ~},~ Ji'., ' _'lIt ..."lee Ja ..,.r required, tile la"wUl lie r..tored tC' lU ii", 'oo cohdlUon before .a."JdIl9. llIlo....r requlred tbe ..nl... will pe, for t:.. r..tor.bon. ~'" ' ~ ,', , , All cOIIpul.. tba, _. faeli lU.. t_11l9 tbroutll. u.;.i;V:N:r,;;> '"", ,'" '.;:lItUlty .a_IIt to &.ot 5 on 8_y 'ull IIOrtllaulMll"U10h "lU..."~>,..:"" '{'t(:;{:r,:]c;,CraUted aeee.. to,tIle .._nt ,fo'""rl'O,_ of ,..r'~Cll.,,:~~rV:1} ~.f'; '<".</~:., tae.. ....:-:-..:._ -~~-.,.., "_. '(":--';.'_'/:_-'~'f/A.'~t~->>;, ,.;, '. ftM pertl.. .".. tIlet a11.........UO'.JJ'J..r_""". '1:,:'.'i.~.,.~.i:Jl ";,, , be bolllld by tile tel... of ~bl. '9r.-.c,;.~ tllet. co"ofW...~;;',i,~ ~ ':' ' . .,r_t will be 111.. wltb tile a.rll ... _,da, , offltUrl', ,',,' COallty. TIll. 1. a perpetual aUUt, .._nt. ',,' ,:;"+: ' , cin....,..t1ClJ11. tlIa" ....rU.. wii1. bIllifttt I_tIle........,,,J, reaU.ed frOll . ,oint CO.......UOIl, In ad4itlo., tb. 'olllt co_cUon ,.7~"" 1... ....9. to tile .lIrrollncUII9 ar.. Uti.... '_)Uon. 0 ' . ~ ").-,(2 _fJJ.7 ~ Barry jr: 81e9.1 ,. Dat. . ~t C. ..ltll1 Date ~d"'''' _, 4r ' ~k' ..~ ,-11. ;) ~".<b~ Ibuon I.. ".,1\ Dat. Ol.nda D. "itb Dat. mtJ.aaJ Barry C. and .beroll L. 'le~.l IIobert C. .nd 01__ D. ..itb \ 1 ~':"'."/4'''''' ''"'Y- ~*-' " i " . ,- . 'I>' . ,COlorado, County of Pickl e.. \\'" \. ;rl~):rQll ~b~. tb. ,,':Lodo) of __~,____ an... b.fore.. .....,.......__.~~...L!ilA-_ the. .19ne4 per80.... .,.rllOnal1y appeared, known to ... 0'-'(91' aau.factorllI pro...nl to be tbe per...... wbo.. na..a ill ~.'~~rJ"'d to wltb n Inetruaont and acknowled9.d tbat tbey e.ecuted the .... for tbe purpo.. therein contained. In vitn... whereof, I h.re~~to ..t ay hand and official 8..1. '.:+.2..-~ {)~'1J).{JnuJ Notary PubUe lop. ".,- fO , \ \ \ \ , .. ,.-..... , '" ')j"l~ ., "\ F,\sr7" -j: .:rr THIS .~GFL~'\~.;T, madn this ZIJ day of (1~t , 1977, by and r. ~'~:e€.n 3AC:--: 'fM\.TIS, hereinafter referred to as G&ntor, and the s.:'..Vrf\TICN 01: :\:H a:.l."DA..l\fi, a Colorado corporation, tereinafter refE":red l~' ,1S Grt~;1t0~, j 1 J ,I 1 ! ,j t ~-JITNESSETH FOP. TEN OOLIARS and other gCXJd a..-Kl valu.:.:.i>lp consideration paid to r''';" .l.'1tor L'Y Grantee, the receipt of which is hereby -nc1,..,ledged, Grantor hereby sells, a:mveys, and grants mto Grac:t!,;......., its succpssors and assigns forever an easerrent and right-O'E-way through and under the follOt"ing described' lands, situate in the Cbunty c":: Pitkin, $u.te of Colo"(aoo, for the purp::>ses and upon the terms hereiIl set forth: A ditch easemo...nt situated in that l'"rt of Sun.'1y Park North SUbdivision hejng 24 fe-et in width, 6 feet on the Fast side and 18 f(.-et on the 'West side of the ditch and pipE; ).lne as constructed in place; together with a peq:etual , non-exclusive caserrent arrl. right-of-way over a road as constructed in place which parallels the ditch described aIx>ve and is wi thin the 18 feet west of the centerline described above . '!his easenent and right-of-way is for the purp:>se of allOOng Grantee the right to inspect, maintain, operate, use and repair its ditch and. pipeline as required. for the tranSIXlrtation of water across and under the above described lands, together with the right to use so nu.lch of the above described road as shall be reasonably necessary to enable ""rkrren and equilX"B't to properly ,.00 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 easenent and right-of-way shall be pennitted in each of the follCMing Lots: Lot 7, Lot 5, and Lot 3. Each such crossing shall be stnlCtured to withstand the pressures of crossing vehicles and heavy IMchinery. SUch crossings shall be designed by a CCIlpE!tent certified engineer licensed to practice in Colorado. Said design shall be approved by both Grantor and Grantee in writing prior to the constroction of the crossings. Grantor shall have the right to cover or affix a boundaty along the ditch and pipeline> easenent and right-of way so long as ro damage is done to said ditch or pipeline. Said boundal:y to be boulders lazge enough to discourage vehicular traffic on said ditch and pipeline. Grantor reserves the right to utilize and enjoy the above described easenent and right-of-way in a:trf manner which does not interfere wi:th the. i.nspect.ion, rnaix.l:.erU!InL::e, and repair and. operation -of the ditch and pipeline of Grantee: and Grantee hereby agrees to hold and save Grantor harmless fran a:trf and all danages arising fran Grantee' s use of the right, easenent and right-of-way herein granted and agrees to pay any damage or damages which IMY arise to the property, premises, or rights of the Grantor through Grantee's use of the rights herein granted. , i, f '\ ~ ...." f" ~Jo~315 fH: 81 t \;.. '11'.-' Vrovisicms hereof sh:\l1 inure to the benefit of and bind L]-.' su'xcs:::'ors and assigno:; of the :rL.spective pTr-tics hereto. n~ ~'1"ITh"ESS wnEJ<LOF, the parties have executed this Agrearent on the day and year first aOOve wr.itten. GRh'\'IOR (~/t ~()...l1/V~ Jag Jenkirls / " \/ GlW'TIT CA~~ <, 0,w D_ &1" 'on Ditch Col!pmy p."g' t ATl'ISl': 2!!J -4n~~ -2- ~"""""",,,,,~,' AGREL:mm ro GRANT DPIVB~AY EASE'J1ENT 'I'tlis 1>9ree:n,-ont is ma-Je and entered j,nt0 this day of l>lJ:J<1st 1986 by F -n ly:>t...'coen BaL"-ry an:l Sharoo Siegel OW'H::rS of StULl)' PE:td: N:n-th SubJlvision, u)t 3 ("Sic'ge1s") an'] Glen'la an:l Ro~..~rt e,nith 0.."1:-,5 of SUi1ny Park Kjrth Su:,;i\'isioo, Lot 5 ("Smiths"). Perit..,] " 1. en 5 o~"IJJllst 1~lg6 :.';;:-y:.-~l~ ,~.r:i .." o':'J:, n-.,'.::--l',,";:-.1 ~::.'l>::'J,'al ~r:,.i. Ute City .:f ..-.";;)2:1 ?lanning a:"rJ ,:O;i.i..itJ CO.1Li~~:..;h'-':"i .,' .r.s\),,,::-,t to the 80'i:~ G:-( ~:-lline Hs>vi(~w procE-odUl:e to o:)nstruct resid8!lC(::S ..f"l Int 3 and I.JJt 5 l~E'Si,-2ct ively. 2. A ron1iditon of the 8040 Gcc,;cnl in': E'~'liew '-'9i)ro'.'al ri"1Ji (ed that r.'jo: 3il:iths and t."e Si~Jels :'1p'':3ctif,t.e hit~l th.?- E~)::rd of C:)'.J:-llj! C.)\.~.~~~2iG'-l(.rs for pit.ldn COll!1ty, Colorado and attempt to 'j:,tain an acces" ea,;.,~,",!it ah~rlg the Salvation Ditch. However, in ilie event they were unable to f,€ogotiate such easement with the County they would be authorized to construct a driveway iran Park Circle to the proposed dwellings on IDt 3 and IDt 5. 3. '!his Agreement is to memorialize the agreement that Smiths and S~egels will grant each other the necessary easernents and relevant rights in order to facilitate either driveway accesS to both properties. AGREEMENT NCM 'lliEREFORE, 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 S~iths 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 canpleted as is appropriate to prop'~rly describe the driveway that is iIrplemented. 3. Further the parties agree to execute a Restrictive Covenant for p'~iveway ~ and Maintenance atta?hed hereto and incorporated herein OY-this reference wlt.!lParagraph 1, Descnption, IXJlIpleted \oA1en the driveway location is determined. 4. It is contemplated by the parties that execution of the 1\greement shall take place on or before 30 July 1987; however, this Agreement will be dt,emed autanatically extended for six IlOnth periods lD1til such time as the driveway location is determined and the Restrictive Covenant for Driveway Maintenance and Driveway and Utility Easement. IN WITNESS WHERIDF, the parties Robert and Glenda Smith and Barry and Sharon Siegel have executed this Agreement effective the day and date set forth aboI.re. 0-t~{'p A..~~;J Shar Slegel c% ) J in,.drive.agr SE\'T BY:GMAC RI'C 2-12-33 :10:27AM GMAC RFC~ 313033203275;# 21 2 GMACSRFC ,~iaIFundIng""""81ion ,10 Universal CIty Plaza, SuRe 2100 Universal City, C^ 91608 (81 ill 753-4400 lrebrua:r:y 11,1993 Pitkin'CoUnty Attorney 'Aspen: ~ity 'EDgineer , c/O. Gold by Se;rvices 61~ B. H~:Avenue, Su~te 102' 'Aspen; COlorado, 81611 : , Re: .'Barry Siegel 210 Sesame Street 'Aspen,'COloiado 'P'irtal' Plat 'of .l1 ' -' _~1.L1 .'" -"...' , RF.CLoan #1258148 GMAC ~Oant~1~799~114 TO Wh01ll itlll8.Y ,concern: Please be advised Residential Funding' corporation as mortgagee on ,the above referenced property' consents" to the lot line adjul!lttnel}t , aa ehownQn the fi~l plat of ~he Aspen Electric Subdivision~ . r. r rAr!:I~~ " ':Lind4L~ 'Keck1e~'" ' . Loan,Ser'Vice'Representative PiJttfoiio'Services ' cc: Edward~yer" GMAc, {215,1881-1595 ,tHe ' #354091 02/19/93 10:56 Ree $5.00 BK 703 PG 943 Silvia Davis, Pitkin Cnty Clerk, Doe $.00 .". '. 0fI1mi. 1ft MlnneIIPoHa. Lo, A!l9tII!!8, AlIIntlt1.!"Ort l8uderdale" , New, York, Provid8nce, SIin FriinI:I8i:o. IIfICI _hIngton, D.C. ,.... GMAC ~"'_ ~.............,..,.. ~"" ...MrIl.............._ ~ . -- #354094 02/19/93 11:04 Ree $111f.00 BK 703 PG 944 Silvia Davis, Pitkin Cnty Clerk, Doe $.00 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. WIT N E SSE 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 1 #354094 02/19/93 11:04 Rec $1.f.oo BK 703 PG 94~ Silvia Davis, Pitkin Cnty Clerk, Doc $.00 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 Proiect. 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~~ b. site Plan, Recorded BooK ~ Pag~ 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. Parkinq 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 (AR) Affordable Housing Zone. The project has met its Open Space requirement. 5. Public Improvements. A. Special Improvement District. Owner hereby agrees to J o~n any special improvements district (s) in the event one is formed which includes the Project site. 2 #354094 02/19/93 11:04 Rec $111.L .)()" BI" 703 S' 1" "'7' c " PG 946 1 Vla Davls, Pitkin Cnty Cle~k, Doc $.00 ----- 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. Drainaqe. 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 Riqhts of Wav 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. 3 #354094 02/19/93 11:04 Ree $1~00 BK 703 PG 947 Sllvla Davls, Pitkin Cnty Clerk, Doe $.00 11. Material Representations. All material representations made by the Owner on record to the city in accordance with the approval of the proj ect 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: Barry and Sharon Siegel 210 Sesame Street Aspen, Colorado 81611 To the City of Aspen: c/o City Manager 130 South Galena Street Aspen, Colorado 81611 with a copy To: City Attorney 130 South Galena Aspen, Colorado 81611 14. Bindinq 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. 4 #354094 02/19/93 11:04 Ree $1~00 BK 703 PG 948 SIlvIa Davis, Pitkin Cnty Clerk, Doc $.00 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. Severabi1itv. If any of the provisions of this agreement are determined to be invalid, it shall not effect the remaining provisions hereof. 17. Effective Date. upon the date of below. This agreement shall become effective the last signature illustrated IN WITNESS WHEREOF, the parties hereto have executed this Subdivision Agreement the day and year first above written . !ilL ' a municipal ATTEST: k ennett, Mayor/7Date o~ L ~ II?/f};> Barry el Date "... "/~/~- Q{)j' ! - Sha n SJ.egel . ;/119.3 Date APPROVED AS TO FORM: ~W1,~ City Attorney STATE OF COLORADO ) ) ss: COUNTY OF PITKIN ) ~The for day 0 of the proj ing instrum~t is hereby acknowledged before me this 1992Sby Barry and Sharon Siegel, as OWners ? " "~lN C' , ~'i- ...... I~ , .,. ..'. ...,,,/ ":".' ',,' / \\OTA,f,..";- ',"*,.~ ~}..,.oLrBL\ \, "........... ... .. 0" ( witness my hand and seal. My Commission eXPires:!/;~;:~~ 5 Exhibit A Exhibit B Exhibit c Exhibit D #354094 02/19/93 11:04 Rec $1-~00 BK 703 PG ~ SIlvIa Davis p'tL' C ~" ~~ , I KIn nty Clerk, Doc $.00 LIST OF EXHIBITS Legal Description Ordinance 62,Series of 1992 (city of Aspen) CUrb, Gutter and Sidewalk Improvement Agreement Draft Occupancy and Resale Deed Restriction Agreement and Covenant Final Plat and site Plan recorded Book ~ Page 8 c:;- 6 Exhibit A #354094 02/19 Silv' 193 11'04 R ." la Davis, Pitki~.CnteCc$lf,.oo BK 703 PG Y lerk, Doc $.00 950 LEGAL DESCRIPTION ~ETE.'? ..t, BCUNDS OESeRI PTrCN: A TF<.ACT OF !-AND 'C71TUATE-D IN 'SeCTION 7, iOWN5Hl P 10 SDl.5fH, RAN0E- 54 WEST OF T!-E- &TH 1"', M,; NOt<::t:: P,AKTICULA1ZLH c:-€5CRIBED A7:i t=oU...OWS: R:>E:.0INN1N0 AT THE NOSl E-A7\~l-'1 COR-NER OF 1l--1!:. FORMS!": LOT :?, ?v'NN'1 P,A.RK NORTl--1 6Ue>DlVI'5(ON, OT'1 OF ,ASPE.N, PITKIN COUNP1, co LO I"V'--VO / IHS1'-lC.!::- iHE- F'OLl.DYlIN& c..cuR'5!::."::> ~ VI?TANCE':7: ? eoo 21' E- 37,'50 FT., ? 34Q '2.7' E. , :;ZcP,2S FI./ '0400-:24':2"'f"W 1 %:>. B"'f Fl.,' NZI"O;z.'W wl.:2."'f FT,; '::>46"2-4''tQ''W 4-.l?<;5 rr,. N !5ZoCO'W 1315,04 IT; N ;2.qoCQ'CO" E j2D.CO FT. e. ?52."C:O'l':. 17:2, (I FT \"0 \"HE f'OI\---.rf OF BE6(NNI'N:;7/ cot--rTAINI]'--..1(;" 0,421'1 t\Ci<:S'7 tv1DR.E OF:- L-E?"7, 8 #354094 02/19/93 11: 04 Rec $1~ 00 BK ?03 PG 951 Silvia Davis, Pitkin Cnty Clerk, Doc $.00 Exhibit B ( 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 PARK NORTH SUBDIVISION, PARK 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 24-0-104, 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 Zoning commission's subdivision, rezoning, Council, having considered the Planning and recommendations, does wish to grant and GMQS Exemption with conditions; and WHEREAS, the Aspen city Council, having reviewed the application ( #354094 02/19/93 11:04 Rec $~.OO BK 703 PG 952 Silvia Davis, Pitkin Cnty Clerk, Doc $.00 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 Subdivision, parcel (500 residential) conditions: hereby grant subdivision of Lot 3 Sunny Park North Aspen Colorado and rezoning of the newly created Park Circle) from R-15 PUD (moderate-density to AH (affordable housing) with the following 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 --~...."._"-+..;....,. "",~--,-""""."",,,~----,,,,,,,-,,~'''-'''~._"'''-'--"'' ( #354094 02/19/93 11:04 Ree $lti.oo Bk 703 Sllvla Davls, Pltkin Cnty Clerk, Doc $.00 the application and during the review process. PG 953 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 . #354094 02/19/93 11:04 Ree $111(.00 BK 703 PG 954 Silvia Davis, Pitkin Cnty Clerk, Doe $.00 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 proviped by law, C~ Council of the City of Aspen on the /~ day of ~6 d.e.AJ , 1992. OJ {?~ Johrr Bennett, Mayor by the FINALLY, adopted, ~1992. passed and approved this ~G.~ day of ~ 13~' John Bennett, Mayor 4 --"~'-".'~~""'"~'->----'.""'-'~"'-""'---~ Exhibit C #354094 02/19/93 11,04 Rec $1tf.00 Bf( 703 PG 953 Silvia Davis, Pitkin Cnty Clerk, Doc $.00 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 according to the site plan recorded Book Page cost of approximately $ 2400.00, within the 1993 season. and driveway , at the construction 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. #354094 02/19/93 11:04 Rec $19f.00 BK 703 PG 936 Silvia Davis, Pitkin Cnty Clerk, Doc $.00 4. This agreement shall be binding and shall insure to the benefit of the heirs, assigns, and successors in title of the parties hereto. to this 7 ary, 1993. i ~ . . :(Id/J~if-e-/ B~'( ,state of I ado) ) County of Pitkin ) The foregoing instrument was acknowlegged be , O~". tl, 19,~,b ~~ G my and and official ~I' ,.......... /. ' -r' "~~ , ~:'\\~ iatL res: r, ; ~ "~p ~'-~~ iu lic .,' ~' --------- \~~;~~i~tEr1.A/ v l] ~ tl?~ CITY 0 BY: Attest: (l~ (MAYOR) (CITY CLERK) #354094 02/19/93 11:04 Ree $1".00 BK 703 PG SIlvIa DavIs, Pitkin Cnty Clerk, Doc $.00 MASTER DEED RESTRICTION OF THE ASPEN/PITKIN COUNTY HOUSING AUTHORITY'S OCCUPANCY AND RESALE DEED RESTRICTION, AGREEMENT, AND COVENANT Exhibit D 957 THIS OCCUPANCY AND RESALE DEED RESTRICTION, AGREEMENT AND COVENANT (the "Agreement") is made and entered into this day of ,19 , by ** ("Owner"), for thebenefit 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. WIT N E SSE 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. #354094 02/19/93 11:04 Rec $1t6.00 BK 703 PG 958 S,lv,a Davis, Pitkin Cnty Clerk, Doc $.00 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- #354094 02/19/93 11:04 Rec $1~.00 BK Y03 PG 959 Silvia Davis, Pitkin Cnty Clerk, Doc $.00 standard Listing Contract on forms approved by the Colorado Real Estate Commission with the APCHA, providing for a 3D-day listing period. If a sales contract has not been executed within the initial 3D-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 -3- #354094 0?/19/9~ 11 J/ Silvia. Da.:i ': :04 Rec $1.,.,.00 Bf': 703 PG 960 s, Pltkln Cnty Clerk, Doc $.00 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 -4- #354094 02/19/93 11:04 Rec $1'~00 BK 703 PG 961 Silvia DavIS, Pitkin Cnty Clerk, Doc $.00 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 I 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 (iii) 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- -5- #354094 02/19/93 11:04 Rec $1-~.00 BK 703 S' l' " ,.." PG 962 1 via DaVIS, Pitkin Cnty Clerk, Doc $.00 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 -6- ~4 Rec $1".00 Bf< 703 PG 9b3 ~354094 02/19/93 11:0 t Clerk Doc $.00 - 'p'tkln Cn y , Silvia DaV1S, 1 ' 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. -7- #354094 02/1,9/93 11.: 04 Rec $lt4'.oo Bf< 703 PG 964 Silvia Davis, Pitkin Cnty Clerk, Doc $.00 (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 uni t 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 uni t (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 -8- #354094 02/19/93 11: 04 Rec $1'" 00 BI< ~ PG 965 Silvia Davis, Pitkin Cnty Clerk, Doc $.00 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, utili ties 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 -9- #354094 02/19/93 11:04 Rec $1".00 BK 703 PG 966 SIlvIa DavIs, Pitkin Cnty Clerk, Doc $.00 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 -10- $11U! (,,", Bt( 703 PG 967 11-04 Rec ~."' " #354094 02/19/93 " Cler'k, Doc $.00 , Davis Pitkln Cnty SilVla ' 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, consents and approvals shall be sent to the parties hereto at the following addresses unless other- wise notified in writing: To Owner: ** Director Aspen/Pitkin County Housing Authority 39551 Highway 82 Aspen, Colorado 81611 26. Exhibits. Exhibit A, attached hereto, is incorporated herein and by this reference made a part hereof. To APCHA: 27. Severability. Agreement and Whenever possible, each provision of this any other related document shall be -11- #354094 02/19/93 11:04 Rec $ltf.OO BK ~ PG 968 Silvia DavIs, Pitkin Cnty Clerk, Doc $.00 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 Headinqs. 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 Liabilitv. 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. Notwi thstanding the foregoing, the APCHA reserves the right to amend this Agreement unilaterally -12- #354094 02/19/93 11:04 Rec $1~.00 BK 703 PG 969 Silvia Davis, Pitkin Cnty Clerk, Doc $.00 where deemed necessary to effectuate the purpose and intent of this Agreement, and where such unilateral action does not materially impair the Owner I 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. -13- #354094 02/19/93 11:04 Rec $1".00 BK 703 PG 970 Silvia Davis, Pitkin Cnty Clerk, Doc $.00 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 By:J~/41 bJy Title: E.)(ECliT IVe: D/REClOR. - STATE OF COLORADO day ) ) SSe COUNTY OF PITKIN ), ,~O~ foregoing instrument was acknowledged before me1>~,.'1~<"" , 1933, by lot s. ~ I . .~ ,"" .' I'} 0' ness my h nd and official seal.; ~,~'~ commission expires: (:) 'I/z.:S/Cf(,.. % ~ .:~~.lO N -'.~.. "." ~. ~"''J'' .. ".''.j)' V. " '.' No ar ublic wh.dr 12/07/92 -14- #354094 02/19/93 11: 04 Rec $l~. 00 Bf< 703 PG 971 Silvia Davis, Pitkin Cnty Clerk, Doc $.00 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). #354094 02/19/93 11: 04 Rec $1...( 00 BK 703 PG 972 S.lv.a Davis, Pitkin Cnty Cl~: Doc $.00 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. devices. (d) Improvements for health and safety protection (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.