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HomeMy WebLinkAboutcoa.lu.sr.1000 E Hopkins Ave.37A-89 -;-" -',-; CASELOAD SID1MARY SHEET city of Aspen DATE RECEIVED: DATE COMPLETE: ~r~~~r PARCEL ID AND CASE NO. 2737-182-01-003 37A-89 STAFF MEMBER: /..e.l,'e -9-t0f:>iviS,w, 611?<{$ l::xe'dlloh _ PROJECT NAME: 1000 EAST HOPKINS-1STREAM MARGIN REVIEW LLe/Jla,ca.P(.;n Project Address: 1000 EA~NS (, ;..z; LJ.8~ I Legal Address: ~AfI::J, .,;L tiTr7 '.<)-/7 / - ,;Js::-f..;J.6 APPLICANT: VALLEY-HI DEVELOPME , Ap~licant Address: 600 EAST HOPKINS ASPEN REPRESENTATIVE: Representative AddresS/Phone: VANN ASSOCIATES 230 EAST HOPKINS (303) 925-6958 ASPEN PAID: YES NO AMOUNT: $1480.00 NO. OF COPIES RECEIVED: 8 2 STEP: v TYPE OF APPLICATION: 1 P&Z Meeting Date b I ;'d.-O STEP: PUBLIC HEARING: ~!i> NO VESTED RIGHTS: YES NO CC Meeting Date PUBLIC HEARING: YES ~ VESTED RIGHTS: ~~. NO Planning Director Approval: Insubstantial Amendment or Exemption: Paid: Date: REF)ffiRALS : "/ City Attorney ~vr ~ ' City En,ginee,r , Housing Dir. ", Aspen Water '~ City Electric Envir. Hlth. 'v ~ Aspen Consolo S.D. v~ Mtn. Bell Parks Dept. Holy Cross Fire Marshall Building Inspector Roaring Forie Energy Center School District Rocky Mtn Nat Gas State Hwy Dept(GWl State Hwy Dept(GJ) other DATE REFERRED: ,S/71 /.f)l INITIALS: ~ DATE ROUTED: 1..:2 ~~ f Tqo INITIAL: ClC FINAL ROUTING: ___ city Atty ____ city Engineer ___ Zoning ___ Env. Health ___ Housing ____ Other: FIiDo-S~-~~i~~ ~SJM'14eQ C% 4~o-qv 379107 13-77/+ SILVIA DAVIS P-496 02/17/95 11:29A PG 1 OF 2 PITKIN COUNTY CLERK & RECOIiDER REC 10.00 DOC AMENDMENT TO SUBDIVISION AGREEMENT FOR 1000 EAST HOPKINS AVENUE, ASPEN, COLORADO THIS AMENDMENT is made this ~ day of February, 1995, by and between VALLEY-HI DEVELOPMENT TRUST, a Colorado general partnership ("owner") and THE CITY OF ASPEN, COLORADO (the "City of Aspen" ) . WHEREAS, the parties entered into that certain Subdivi- sion Agreement For 1000 East Hopkins Avenue, Aspen, Colorado ("Subdivision Agreement"), recorded in the real estate records of Pitkin County on December 12, 1991 in Book 663 at page 863, in connection with subdivision approvals for 1000 East Hopkins Townhouse Condominiums, which approvals apply to the following described real property: Lots K and S, Blocks 25 and 26, Lots H, I and A, Blocks 25 and 26, plus remainder of vacated Cleveland Street, County of Pitkin, State of Colorado; and WHEREAS, subsequent to the execution and recordation of the Subdivision Agreement, the parties have discovered a conflict within the Agreement contained at Article II, paragraph 1, entitled "Stream Margin Review"; and WHEREAS, the parties desire to clarify and correct the Subdivision Agreement as hereinafter set forth. NOW, THEREFORE, in consideration of the foregoing premises and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: ' 1. The parties agree that the Subdivision Agreement shall be amended as follows. Article II, paragraph 1 "Stream Margin Review" which presently reads as follows: No development shall be permitted within one hundred feet, measured horizontally, from the high water line of the Roaring Fork River, Jsuch high water line as depicted on the Plat. ~All approved development shall take place ~~ ~/ entirely within parcell. ~be deleted in its entirety and replaced with the following language: ~ 379107 B-774 P-497 02/17/95 11,29A PG 2 OF 2 No development shall be permitted within one hundred feet, measured horizontally, from the high water line of the Roaring Fork River, such high water line as depicted on the Plat, unless such development has been reviewed and approved under the City of Aspen's Stream Margin Review Regulations. All approved development shall take place entirely within parcel 1. 2. Except as expressly modified herein, all of the terms and conditions and approvals of the Subdivision Agreement shall remain in full force and effect. IN WITNESS WHEREOF, this Amendment is executed the day and year first above written. OWner: THE CITY OF ASPEN By ~ I ~-,"-~A VALLEY-HI DEVELOPMENT TRUST BY: AUSTRALIAN INVESTMENT CORP., A GENERAL PARTNER By ('{f)~' ~ ./kvJ cLvn' ~~ &p, ~~- ,~,~ r- (~ ,'; ~- ,t!('~:,.,.'\ Aspen/Pitk.."w:BJ~!lnlng Office ,', :.,' ~~. ;~~ ,', '.:; . "'- .~.~-:.... ~.". 13 0 s.q;p:;th!~:g~~!~iJl:.~s t re e t '~,~~'r""!~;~~'''''' 81611 asp e ~.;,-;,"~;9' o.r" ;,8 :~~~.... ,",' .., ",:';" November 22, 1989 valley Hi Development Trust Richard Y. Neiley, P.C. 600 East Hopkins Ave., suite 3 Aspen, Colorado 81611 RE: 1000 East Hopkins SUbdivision/stream Margin Review Dear Rick, We are currently holding the application fee for the above captioned application in the amount of $1,480.00. If for any reason you would like us to refund this fee, please contact me at 920-5093 and I will initiate the refund. Sincerely, L3.. Deborah Skehan, Administrative Assistant 4,c It / a.A') <S'J? w cu-- f c.. - " r"i: .. 1 Aspen 19onsolidated Sanitation rDistrict 565 NorthMJI]Streel Aspen. Colorado 81611 1'ele.I3(3)92.5-3601 T.>le,I30319Z5-Z537 .run. 5,1969 La.ll.. Lalllonl PlaTlnlnll Office 130 5 Galana St. Aspen, COSt611 I RII' 1000 E.st Hopkin. Subdivision GHQS Ex...ptlon Dear L..II..: no 000 Aspen Consolidated Sanitation Diltrlot tr..t~9nt capacity to ..tva this projact ha. suttlclent at this tlllle. 111'1. I ThO! applicant will n.ad to aurv.y, raoord, and convey,. ...war ..a..~.nt to ACSD prior to oonn.otlon ot the project to our ayatem. The .a.emant and alir..mant must be conalstent with district rellulatlorllf. Tha ACSD outtaJI line In the I.....dl..t..r.. will n.ad to ba televised prior to construction at th_ applicant's .xp.n....nd tor the applicant'. protactlon.lnord.... to .n.ur. the prot.ctlon of our e"l.tlne 11n., a r.pr....nt.tiv. ot ~CSD will n.ed to ob.....v. adjac.nt ."oavatlon. ~ny r.,radln., putttn, or ftlltn, at th. .11.Y or .,,1st1n, ......II.nt lIust b. c..rrled out at thO' appllcant's ""pen... I , It ther. .... sUlllult that any qu..tlon. r.,ardlnl ~CSD r.,ulatlcn. the applicant call our buSln"ss ottic...t we would 925-3601. Slnc....ly, 'b-._ ""<""-',) Bruoel'1.ths..ly Distrlot Manag... ocr Sunny Vann V..nn ~s"oc1at..s, Inc. . I I ,~ .r-.. ASPEN WATER DEPARTMENT TO: Leslie Lamont FROM Jim Markalunas SUBJECT: 1000 E. Hopkins Subdivision DAlE: 511 /89 a-/ j ~ ------------------- -- ~ ~~~,------------------------------- We have received reviewed the application for the 1000 E. Hopkins Subdivision. Per applicants statement concerning water service on page 18, water will be available to the project in the event the project is approved, and upon payment of the prerequisite tap fees, if any. , I""". r-"', MEMORANDUM RE: Leslie Lamont, Planning offie~ Janet Raczak, Housing Office~ 1000 East Hopkins SUbdivis~~, GMQS Exemption, stream Margin Review and Alley Vacation ?TO: FROM: DATE: May 9, 1989 ---------------------------------------------------------------- ---------------------------------------------------------------- PROPOSED DEVELOPMENT: The applicant proposes to tear down the Valley Hi Apartments, which currently include two residential structures containing 19 dwelling units. The applicant proposes to reconstruct an 8 unit multi-family structure, with 4 units in the proposed development (or 50% of the proposed units) designated as one bedroom low income affordable rental resident units, each to contain 500 net livable square feet. There will be 4 free market three bedroom units containing 1500 s.f. each. DISCUSSION: Ordinance #47, requires that in the case of demolition and reconstruction, 50 percent of the units in the proposed reconstruction and 25 percent of the total bedrooms must be deed restricted to the City's affordable housing guidelines. Further Ordinance #47 requires that when the number of affordable housing units replaced on the site is less than or equal to fifty percent (50%) of the total number of units demolished on the site, the replacement units shall be restricted to the housing designee's low income and occupancy guidelines for rental units. CONCLUSION: The applicant appears to have addressed Ordinance #47 appropriately. They propose to restrict 50 percent of the units, and 25 percent of the bedrooms to the low income Affordable Resident Housing Guidelines. On the following pages is a copy of the deed restriction which the Housing Office would require on this project. A condition of approval should include language assuring that all deed restrictions on the employee units are executed and recorded prior to the issuance of any building permits. Further, if the applicant proposes any changes to the "net livable square footage" of the employee units during the course of this review, or the construction of the project, the Housing Office should be notified prior to issuance of any permits in order that the Deed Restrictions can be altered to appropriately refiled. i""'"'~ "-'-- MEMORANDUM TO: city Attorney city Engineer Housing Director Aspen Water Department Electric Department Fire Marshall Aspen Consolidated Sanitation District Leslie Lamont, Planning Office FROM: RE: 1000 East Hopkins Subdivision, GMQS Exemption, Stream Margin Review and Alley Vacation DATE: May 4, 1989 ---------------------------------------------------------------- ---------------------------------------------------------------- Attached for your review and comments is an application submitted by Sunny Vann on behalf of his client, Valley Hi Development Trust, requesting development approval for Subdivision, GMQS Exemption, and Stream Margin Review. They are also requesting to vacate the alley. This project is proposed to replace the Valley Hi apartments. Please review this material and return your comments to me no later than June 5, 1989 so that I have time to prepare a memo for the P&Z. Thank you. ,-,~ ,-,~ ASPEN/PITKIN PLANNING OFFICE 130 S. Galena street Aspen, Colorado 81611 (303) 920-5090 May 4, 1989 Sunny Vann Vann Associates P. O. Box 8485 Aspen, CO 81612 RE: 1000 East Hopkins Subdivision Dear sunny, This is to inform you that the Planning Office has completed its preliminary review of the captioned application. We have determined that your application is complete. We have scheduled your application for review by the Aspen Planning and Zoning Commission at a public hearing on Tuesday, June 20, 1989 at a meeting to begin at 4:30 PM. The Friday before the meeting date, we will call to inform you that a copy of the memo pertaining to your application is available at the Planning Office. The public hearing requires a sign be posted on the property and adjacent property owners be notified. A public notice will be mailed to you for this purpose. If you have any questions, please call Leslie Lamont, the planner assigned to your case. Sincerely, Debbie Skehan Administrative Assistant ,~ ;" PROJECT: CITY OF ASPEN PRE-APPLICATION CONFERENCE SUMMARY V ~\\~ \\, ~\..c~~.3: <;....~"1 \h.",.--. . ~'Lr- 6Q5'3 ~o, ~~.....l. ,....3 <\.~, " ^ APPLICANT'S REPRESENTATIVE: REPRESENTATIVE'S PHONE: OWNER'S NAME: \JI'<\\~ 1. SUMMARY Type of Application: 'S_\o tv' s, ~ ~ \ <; ~tA "'" V\\ A~~ \ " 2. Describe action/type of development being requested: '-\ Y; "-'U... _",,,-,0, .) -, ~ -'I' '\. \. \v ~It.. ~'v>'ie.e. \) V-:, \:-<, {\ · ~~ (', .,~"'-) , "",-po. "\ "-', "'~-'- ~\,-\"\ ~c...........\ 0 G-"""'&c, ~'A-t.~...0:. \J 3. Areas is which Applicant has been requested to respond, types of reports requested: Policy Area/ Referral Aqent Comments f>,;\\0<7-~ \ ~U70 <>-~ w"'~~ s,~;..< ().. \ \""-., vM-"~ ^ ) c,.\"-<A""'- """"~;_ oJ ~M~ ~"'A\.'~ \ ~ r-'- Dr::- ,",-,,: J., ~A<\ ~\ ~\ ~ ~ ""'\ '-ee.(Z.," -'" , \\0"'-<,'':'", , 4 . Review is: (P&Z Only) (CC Only) ~ then t~) (NO) 7. What fee was applicant requested to submit: ~ \~5c ....<00 -'r So :\<.(~c e\........) ~1lQ., () \ -\-o'i....",~o..,,''" ",," Anticipated date of submission: ~ {I.,,,,,- -';:0 """;j \ "\ ' COMMENTS/UijIQG,E CONCf:RNs: O{LQ\",A.~ '-\ -, : \J ~9-A.~ ~,~ <;,.I;:A.'-'l,,~s l'< \" v->.:vo.-'\''-'' " " 0-\ u..~.l.:-o ~~\, __-\ i>--<-'-,\,,~: ~,\\ OA\." ' Y\..oo~ f\.......' ~~ "--y\"^;.RIL v_'. frm.pre_app 8. 9. ~ - - ... - - - - ... Q ... ... ... - ... ... ... ... ... ... A V ANN ASSOCIATES, INC. Planr:i~ 'Q .:\y;suitants April 24, 1989 27 Mr. Alan Richman Planning and Development Director Aspen/Pitkin Planning Office 130 South Galena Street Aspen, Colorado 81611 Re: 1000 East Hopkins SUbdivision/Stream Margin Review Application Dear Alan: Attached for the Planning Office's review are eight (8) copies of the referenced application and a check in the amount of $1,480.00 for payment of the application fee. Please note that, in addition to the basic application fee, the check also provides for the application's antici- pated referral costs. Should you have any questions regarding the application, or if I can be of any further assistance, please do not hesitate to call. On behalf of Vann Associates and the Applicant, thank you for your assistance in the preparat- ion of the application. Very truly yours VANN SV:cwv Attachment 230 East Hopkins Avenue' ASDen, Colorado 81611. 303/925-6958 - .... - - AN APPLICATION FOR SUBDIVISION/STREAM MARGIN REVIEW FOR THE - 1000 EAST HOPKINS TOWNHOUSES - - ... Submitted by - - Valley Hi Development Trust % Richard Y. Neiley, P.C. 600 East Hopkins Ave., Suite 3 Aspen, Colorado 81611 (303) 925-9393 - ~ - - Prepared by ... VANN ASSOCIATES, INC. Planning Consultants 230 East Hopkins Avenue Aspen, Colorado 81611 (303) 925-6958 - and - GRETCHEN GREENWOOD & ASSOCIATES, INC. 201 North Mill Street, Suite 207 Aspen, Colorado 81611 (303) 925-4502 ... - ... , TABLE OF CONTENTS - Section Page - I. INTRODUCTION 1 - II. PROJECT SITE 3 ,... III. PROPOSED DEVELOPMENT 6 ,... IV. REVIEW REQUIREMENTS 14 ... - B. Stream Margin Review 15 21 24 26 32 A. Subdivision C. Growth Management Exemption Alley Vacation Vested Property Rights - D. E. - APPENDIX ... A. Exhibit 1, Land Use Application Form ... Exhibit 2, Title Insurance policy ,... Exhibit 3, Permission to Represent B. Exhibit 1, Letter from Jim Markalunas, Aspen Water Department - - Exhibit 2, Letter from Heiko Khun, Aspen Consolidated Sanitation District - Exhibit 3, Building Inspection Checklist ... i - ,,... , 'c - I. INTRODUCTION - ,... The following application requests subdivision ap- proval for the development of the 1000 East Hopkins Town- houses, a eight (8) unit, multi-family residential project to be developed on the site of the existing Valley Hi apartment complex. The application also requests stream margin review approval, permission to vacate a portion of the public alley which abuts the property, exemption from growth management for the project's affordable housing units, and vested property rights status for the various development approvals (see Land Use Application Form, Exhibit 1, Appendix A). - - .- - - - - As the Vicinity Map on the following page illustrat- es, the property is located at 1000 East Hopkins Avenue near the intersection of Cleveland Street and adjacent to the Roaring Fork River. The owner of the property and project applicant is the Valley Hi Development Trust, a Colorado general partnership (see Title Insurance Policy, Exhibit 2, Appendix A). The Applicant's representative is Sunny Vann of Vann Associates, Inc., Planning Consultants (see Permission to Represent, Exhibit 3, Appendix A). - ,... - ,- - The application has been divided into three (3) parts. The first part, or Section II. of the application, provides a brief description of the project site, while ,... ... 1 - ... " , - ... - - " ,.... '\.'" ~ .., .- ~.. "'" ~'''' r;" . /"" ,.-J - ,-- -, .- _.- __o.t~. PrOject Site ~ J - - - <1~./1 ... MOll./1taiJJ ... ... ... - .... - - ,.... ... .... ,... - ... - - ... """ - ... - ... - > Section III. describes the Applicant's proposed develop- ment. The third part, or Section IV., addresses the pro- posed development's compliance with the applicable review requirements of the Aspen Land Use RegUlations. For the reviewer's convenience, all pertinent supporting documents relating to the project (e.g., proof of owner- ship, utility letters, etc.) are provided in the various appendices to the application. While the Applicant has attempted to address all relevant provisions of the Land Use RegUlations, and to provide sufficient information to enable a thorough evalu- ation of the application, questions may arise which result in the staff's request for further information and/or clarification. The Applicant would be pleased to provide such additional information as may be required in the course of the application's review. II. PROJECT SITE The project site consists of two (2) distinct parcels which are separated by a platted, albeit non-existent, alley. Parcel 1, which contains approximately thirteen thousand five hundred and thirty-two (13,532) square feet, fronts on East Hopkins Avenue and consists of Lots K and S, Blocks 25 and 26, plus a vacated portion of Cleveland Street. Parcel 2, which contains approximately four 3 ,- - ~ ,... ,... - !"" ~ .... - , ,"" ,-it ,.... ~ - ,--- - ""' - , thousand five hundred and eighty-five (4,585) square feet, is located adjacent to the Roaring Fork River and consists of a portion of Lots H, I and A, Blocks 25 and 26, plus the remainder of vacated Cleveland Street. As the Existing Conditions survey on the fOllowing page illustrates, the topography of the site slopes away from Hopkins Avenue towards the Roaring Fork River. Parcell drops approximately ten (10) feet in elevation from the front property line to the alley, while Parcel 2 consists almost entirely of the steeply sloping river bank. A portion of Parcel 2 is located within the Roaring Fork River. Parcell is zoned R/MF, Residential/Multi- Family, while Parcel 2 is zoned R-15, Residential. Existing site improvements are confined to Parcel 1 and include two (2) residential structures, which contain nineteen (19) dwelling units, and a paved parking area. Natural vegetation consists primarily of a stand of ap- proximately eight (8) cottonwoods located near the south- east corner of Parcel 1 and the riparian vegetation of Parcel 2. A twelve (12) inch sanitary sewer traverses the adjacent alley and a portion of Parcel 2. Water, electric and telephone service is located in the Hopkins Avenue right-of-way. A crude footpath also traverses Parcel 2 parallel to the River. No easement for this trail, howev- er, has been granted to the pUblic. 4 'illi 1rJt !'ll I\.. j1rJ ,}p 'Ii' illl 'I'; i r 1'.\ 'jli f.1j tUt I"', Iii aU ~ l!l?!l '2, ..~' Ii i~a 'I) ..~f l< ;~ ~ ~ . :; r> II ;:or:; 00 00 rlrl ~~ f N~::'~~ "'112;"'2:0 ;~~;.lg ~i~i~ Q1"'4"'1....-.j ~ r r ~ - " " , j ~ z ;;! i~ f !! ~ J;;~ ,-- m >< 2i _~_J 8 z o - -t 0' Z V" V" c: ~ m -< ~ rr / /~/r ( I I //~ H v~ckn;1) /c':EvlLAND -; \ I" I", ,/ ;.. :IE 1 :II 21 / ~ : ~ ~ / M ! I~ I~ ,I I>- ~r ~ ~ ! ~ ~ l #' / ,-,"""r~ I"/'"" ~ " ~ ~i' "" Ii " -< .~ ) ",. i "\t I- '. { . if " ~ ~ \ I ~ >-' /'~ I I ",,~" : ~V~ - - - - ~ o 'V ~ 0=1 Z rJl , . . . . ~ M 0' u s , / - - I"-- ~ ....- . ~ - 1\ I \ \ I I ~1' !g~~~~ ~6~~rn ~ ~~~ffi ~ ~~ ~ ~~o V <~ ... ;2 ~~ ..x ~2~ ("l 1,1I(.01' ~ _ iii~ _ Q-tz~ (1) N;gl>rrl N..l'-!.N _l>1"'l ~~::r; .... ~~o:::~ ~~~ ......al(JJ?!,r- !TIm <.? !j.J'::','" .... --~ij-:m~U1o . c '~~~:i!a~~o~m ~- ~~-_.- "'c ~- ~ ?;a~g:S or: ~l><fT\" ~~~P(T\~ F~~ ~ ~<:U; ::a~b g -1>Vlr- rTlonl,l)r- 0 ~- .. ~ - ./;\l!~ao a~~~~ ~c~ . ... ~ =",,:E"~r ~ _{I)'Z 2z~ " ;i'- r.n :e~:j::z:r-l> Z,~'i l"" Qo.., " ..z "::S::f'\~2: -f 00 l> ol"l.-( 0 "" ~ g:r;;1:~ ..~ Ifl~g~~ VI~~ C N Z " 0 l"I ~",~m~~ ~;t$~~ ~~!i " ~ :.( ~"'II -4ju;l!Cl ~ O<(l')c:; iDe;! ~ '.Jlo-~ z~~-> f7l~ < !JO"';vzog a~o "~M Z--~-l Q 1.P < !~~S~~ ;!.-Oq~~ ~~~~a ;g$1!: ~ ~ l! ~ z . ~~d r'I.~~~~~ '~?~~ ?:\a~~ c ~ ~ !6~~ct! ~~6"':l ;!:i!-l~ Ggi'} ~ ~ - ~ ~ ~ 1''''~~ ti!"l!$",~ ~"'fflP 022 >: > lEF g ~",l>- - Z(/)',-t"'l ;J3 m ~ o~ 0>. - (/)~ ~~~ ~~~,.. r3:; "'1 r ~ -. ;Q !f.}'"i al-:'il3g0 2. :2 ~"" 0 OZ~,., ~~~. s: ~~o oor t'tJ " . z C ~-l,:ac .(.llil:l;: -.~6 ~ 0 ~~~~ _~ .r>",F;o~ o~og ~~ ~ "- ~ ZlDZ(!'" lD"'l - ~ c: ~ P~~-Q~ =~b~ !"la "'~ 1'\1 ot F. . '.-.(c; ~ g ~'< q> -1:r'< ~f'I(/)f"' .., ~. -!< I , I I I I , , f " ~ I t : \ " I \ to.! 14"50'49~E , \ rJl I if ~ ;g/ < " o ~ , --- '. ---g""flMF SIOEYARO I I 514"50 49 W ,-r- o '00 \ , I I I I I I I I I I i /, I' I , I I I I I I I I I , 100'00 s p 1000 HOPKINS AVENUE " TOWNHOUS€S I --- - ----. - ----, - I tll t'" ~ ~ ! I ; N 14-S0'49"E 29.1'- =lTlJ II i I ; I \ 1 I !i ' ~ ) :\ I ~ ) I ,': I ~ -+---+i I I J I :) I I "\ ' :1 , I", \ 1:1 I I H:. ", 0=1 !l I ( 1,:\ I \ \, 'I 't. I: I, ,. I! \ 1 \ I: If 1: II " \: 1\ -l\.i-- \ 't\: I I >1' " P ~ :~ l \\~~ll" \ \~... I \,., \:1"1 \ \y~ I ~\ \ ri\!, ,.(!,l " ~ >~r\ \ -a, ~v,. :;l~ I \ ~ --l ~LJ \ ~ -''''' \ \ ~:l: \ -\:l \ .1:\"11 \ \ Ii" -"\\ \ . \\; \.,. \ l-h \ <:'.\ ~:> \ ~I \" \ ,.\: I ,.. ,: 1 r q \ , \\ \ ... I: 1 S. \ \ ! ". \ '. \ t \ \ \ I, " \ (1 '. 1\ \ ( I , \ \ \ ~t I I :, Il~\ll I' 'l\~ \ \ \ \ 1 I I \ \.\ r \ \ \ \. t..J ~ \ ~ \ \\ \ ~ \~ ~ \ \ ''I. 1 \ "'\ \ I ' , ' I \ \ I I :\ \ ~ \ W ! ,",\ SJ4~SO 49 - 26-361" , ~ ''''... \ \ \ \ , ~~U 'je ," 7i~ n . . I I iN I 1Cl> ' , I I ' , I I I ,,_ Iii < o i ( . f I I I I I I ~ 9'"E02~0l( f I'll I ! il \ I i~ , i~;;:; ~\ ~; t ~ \ G G Z i \ ~~ ~ ,--~ .1 \"':E. (-~I\ \ F~ I \ I \ I 1 \ I I \ I I \ , i \ i~ ,. , " I" " r Z ... '" CO '" tJJ ~ "l M (i;G; ~~ l(: I I \ \ \ , I I \ , ~I 9 I , \ \ \ , , \ \\ , \ \ I \ , '" .-'v '.-- '.... ~ 51""50 .' .... , .... III. PROPOSED DEVELOPMENT ,..., .... The Applicant proposes to tear down the existing Valley Hi apartments and to reconstruct an eight (8) unit mUlti-family structure to be located entirely on Parcell. .... Pursuant to the provisions of Ordinance #47, Series of - 1989, fifty (50) percent of the units in the proposed development, and twenty-five (25) percent of the total ,... project bedrooms, will be deed restricted to the City's ,... affordable housing guidelines. able units to be replaced on the (50) percent of the units to be ment units will be restricted occupancy guidelines. As the number of afford- site is less than fifty demolished, the replace- to the "low" income and ,... .... ..... As noted in the introduction to this application, the Applicant is requesting approval to vacate the alley located between Parcels 1 and 2. The purpose for the vacation is to permit greater flexibility in the design of the project site. Given the fact, however, that the City Council has the sole responsibility for reviewing such requests, and that approval may not be granted, two (2) alternative site development plans have been prepared for the Planning and Zoning Commission's review and consider- ation. This approach will eliminate, we believe, the necessity of returning to the P&Z should the council deny the proposed vacation. - - - - - - ,... 6 - ,-- -, ,... ,.. e ,.... ... ,.... - .... ,.... " .... ... - - ,... _. - ,... . , The Site Development Plan on the following page has been designed based upon the as~umption that the alley will remain as originally platted. As the plan illus- trates, the building footprint is located (10) feet from the rear property line of Parcell, the required rear yard setback in the R/MF zone district. The Alternative Site Development Plan depicted on page 10 assumes approval of the Applicant's request to vacate the alley. The primary difference between the two site plans is in the size of the project's front yard setback. As the alternative plan illustrates, the building's footprint has been moved further to the rear of Parcell, as the rear yard setback may now be measured from the rear property line of Parcel 2. A detailed discussion of the proposed alley vacation and its compliance with the requirements of the Municipal Code is provided in Section IV.D. of this application. The proposed development has been designed in compli- ance with the dimensional requirements of the R/MF zone district (as amended by Ordinance #47) and the subdivision design standards of Section 7-1004.C.4. of the Land Use Regulations. As Table 1, page 12, indicates, the proj- ect's four free market units contain three (3) bedrooms each while the four affordable housing units each contain one (1) bedroom. The resulting four (4) bedrooms of affordable housing represents twenty-five (25) percent 7 .~ ........ ..--; --- ~ ~ ~ ~......,. ........, ~ ~ ~ ~ ~, ~ --. """-! -, . , ~ i '< <3' J.Q ~~ ,~! liT} . m ~-":,',:":,--:=t;::.,; )~ ~ --- ..~::::~~ .. ..,.;" ~, ~:~ ~ .,:" n",,;, " J" \l. "'" ~ ~ tr,-, y 1/ ~~ l ;JIll 'v 17. ,J'~ ~.~~ Irxvf;~~IJ ", 11>66< ft. , " ",..'.,. ^.. 'Y"", ,:I,.,,!~ ;?/ I ~':" 0>> 'Y 'PF~, is :: '. :'~, ::':~ F ~,,~~, c' en" ,p I:" 'tl 2.~ ':' ~ ","~ ~.".',. ~ ~ i i r;.; ~ ~i""" .,~}l :;, i. !!- ~ ,.... ,vtf ~. "~ Z, iii~~ ,;': xx , , .' '" Ql S' :" .C>( J~"'~' 8.~,lll)il> ~ i"";....... ,:"'.. , , ,,> :,~~' \~,.: d;;~:~ ~ :., '",',' 0-- '0.." ;> .J~,;::.~~ ;ii:, "," :,..,....'~ . x y' ',:''<', ','...> ?<.?'\: "> . 'x ',,;'1 ~,r :~ '.i~'~ ,',. '~~ "':'~~":' ~ "'~' " ...- . ':"'. '..... ", ',,', ':',:"",:",,,:'. ".,.; ;,' ,",' ,"\: )< g.~,... ,," ;,:::.~,i:'::;':l""'i.:'....:" ~ .;"'..:.:...~:.~ - ---- t:- '''^' ..,I""':,..,,, ~__" ;~;N ~:'" 10=. 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'-.. -F-1' ~_""__ \.=_ '~~ I=c~ !I-- -. 0- 1;5f K:~ . : ~ 1~~Q It . , ., 0 -'- 'L,' .-- ~'. \ =--- . -~ II : /-~~~,"-'~~ ; \ 0 ~-, ",' "Q .~~o~~ 1\ "~ l'.- ~ ~-\\I _eO to- ~~ ~ ~ \. _v,- ~ k / //" \.. \ -'1 = ,7 . m ~ .4'1 ,.,.......,.., ,....... ,......, - - ,....... ~ ....-. ---- ~ ~ ~ ~ ~ --- '----' .-" ~ ~ - -.j g t co \ (0 '" ::J: S" ... 0 .8 0 0' ~ CD i Z ;3' ,::I ~ (Jl a; ... 5' ~ '" co ... ~ m g N I"" Z :: { c' m AI '2 ... Co> ... .... !!l. 0 ~ 0; a; . ~ 0- ITI~)> 3 .... to- 12..~ ---0----:;) ~- ~\O_ to G\ II) o :E:a 0\0 ~ to S' '"1'1 \0 0' "00 - .... o "0 :) 0 :) g~52o ~ R~~!=? r-' ~z~ IT' ~~~ ~ 0 ~% CJCJ 1000 HOPKINS ~~ ~~ AVENUE ~'- ~& ,.~ :; , ~t1l TOWNHOUSES " o ::l , 0 ;: Q.. .... ,~ ,.... of the project's total bedrooms and, therefore, complie with the replacement housing provision of Ordinance #47 .... .... In addition, the proposed bedroom mix also complies wit the new ordinance's reduced lot area per dwelling uni requirements for projects in which a minimum of fifty (50 .... percent of the units are restricted to affordable housin guidelines. ,.... ,... ,.... ,... - r- .... .... .- - 6. - 7. .... .... Table 1 DEVELOPMENT DATA 1. Existing Zoning Parcel 1 Parcel 2 RIM R-1 2. 1 Total Site Area (Sq. Ft.) 18,12 13,53 4,59 3. Parcel 1 Parcel 2 Minimum Required Lot Area (Sq. Ft.)2 8,40 4 - 3 Bdrm. Units @ 1,500 Sq. Ft./Unit 4 - 1 Bdrm. Units @ 600 Sq. Ft./Unit 6,00 2,40 4. Maximum Allowable External Floor Area @ 1:1 (Sq. Ft.) 13,53 5. Proposed Building Area Area Attributable to FAR Area Exempt from FAR3 Site Development Plan Alternative Site Development Plan 13,53 9,97 10,65 Minimum Required Open Space @ 35 Percent Lot Area (Sq. Ft.) 4,74 Proposed Site Coverage (Sq. Ft.) Building Footprint 12 .- ,... ,... Site Development Plan Alternate Site Development Plan 7,20 7,68 - Area Attributable to Open Space Site Development Plan Alternative Site Development Plan 4,74 5,14 8. Minimum Required Parking @ 1 Space/Bdrm. ,... 9. Proposed Project Parking Spaces ,... 1 All square footages have been rounded to the neares ten (10) square feet. ,... 2 Minimum lot area requirements derived from the provi sions of Ordinance #47. ,... 3 Includes subgrade parking garage, portions of afford able housing units, and exterior decks. ,... - It should be noted that the proposed development' ifititiii. floor area is the same regardless of which site develop ment plan is approved. The Alternative Site Developmen ,- Plan (i.e., the plan based on vacation of the alley), however, contains slightly more total building area. Th ,- difference is attributable to a minor increase in the siz of the subgrade garage and to the inclusion of more dec - space, neither of which are counted for FAR purposes. ,... Comparatively, there is no other significant differenc between the buildings which would occupy the two sit - development plans. The proposed development's measurabl open space, however, will increase if the Applicant' - alley vacation is approved. - 13 "'" 1 1 ,.. , - As the Parking Garage/Employee Housing Floor Plans o~ ,- pages 9 and 11 illustrate, sixteen (16) parking spaces, or I I one (1) space per bedroom, will be provided in a subgrad~ garage which is accessed directly from Hopkins Avenue.i I , - located to the rear of the garage in order to units ard i I take advan~ ,.. The proposed development's affordable housing - site. of the significant change in elevation across the 1 As a result, the elevation of the proposed outdoo~ tage - i , decks will be approximately three (3) to four (4) feeti ,... below finish grade resulting in a relatively unobstructed I I view from the units towards the River. The units wil~ I I - contain a minimum of five hundred (500) square feet of net I ,""'" i the I I , I I , I I i The project site will be extensively landscaped. Th~ I approximately seventeen (17) foot pUblic right-of-wa~ livable area and will be deed restricted pursuant to City's affordable housing guidelines. ,... ,- between Hopkins Avenue and the Applicant's property line,1 - i and the alley, if successfully vacated, will also be land~ presently lacking in 1 curb and gutter, all of which ar~ I I the area, will be installed alonq scaped. Sidewalk, - ,... Hopkins Avenue at the Applicant's expense. IV. REVIEW REQUIREMENTS - The proposed development is subject to both subdivi, - sion and stream margin review. An exemption from growth - 14 ,.. ,.. iIII"'O, - management, vacation of the adjacent alley, and vesteq , property rights are also requested. Each of these review ,... requirements is discussed below. A. Subdivision ,.. - Pursuant to Section 3-101 of the Land Use Regu1 ! lations, land to be used for condominiums, apartments o~ ,.. any other multiple dwelling units is by definition , al ,.. subdivision. Consequently, the Applicant's proposed i I development of an eight (8) unit, multi-family residentia~ structure is subject to the City's review and approval.! I .. I provJ.sJ.ons; - Such developments are reviewed pursuant to the of Section 7-1004.C. of the Regulations. The I specifid , ! develop- ,.. subdivision review criteria, and the proposed - ment's compliance therewith, are summarized as follows. ,- 1. "The proposed subdivision shall be consis..., tent with the Aspen Area Comprehensive Plan." ,.. The 1973 Aspen Land Use Plan indicates that the ! - project site is located within the so-called "Mixed Resi-i ! dential" land use category. As noted previously, the I - project site is zoned R/MF, Residential/Multi-Family. Th~ i proposed multi-family development is a permitted use i~ i ! this zone district and, therefore, is consistent with thei - - Land Use Plan's mixed residential designation. - 15 - ,... ,... ,... It should be noted that both the 1973 Aspen Lanq Use Plan and the Parks/Recreation/Open Space/Trails ele-i ment of the Aspen Area Comprehensive Plan depict a pro-l posed trail alignment (i.e., the so-called North Sta~ trail) across Parcel 2 of the Applicant's property. Whild ,... - ,... a crude footpath does in fact parallel the River, no easement has been granted across the property. The Appli-i cant, however, will grant an appropriate easement incorpo-! rating the existing trail alignment as a condition ofi ,... r- subdivision approval. To the best of the Applicant' si ,.. , knowledge, no other element of the Comprehensive Plan con-i tains recommendations which preclude, or otherwise pertaid , , .... to, the proposed development. ,.. 2. "The proposed subdivision shall be consis-i I ,... tent with the character of existing land uses in the area.! The proposed subdivision shall not adversely affect th~ future development of surrounding areas." ,... The proposed development is consistent with the: ,.. character of existing land uses in the surrounding area,i and will have no adverse effect on the area's i futurei ,... i development. The surrounding site area consists primaril~ of mixed residential development, including multi-famil~ .- condominium structures, several relatively new duplexes, i I Wi th thei , , - and a variety of older single-family residences. exception of the southeast corner of the intersection of ,.. 16 ,.... - ,.... - Hopkins Avenue and Cleveland Street, the area is essen- tially fully developed. - - 3. "The proposed compliance with all applicable Use Regulations." subdivision shall be in requirements of the Land ,.... The proposed development has been designed to comply with the applicable requirements of the underlying R/MF zone district and all relevant subdivision and stream margin provisions of the Aspen Land Use Regulations. ,.... ,.... ,.... 4. "The proposed subdivision shall not be located on land unsuitable for development because of flooding, drainage, rock or soil creep, mudflow, 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." ,.... ,.... ,.... - - No natural hazards adversely affect the develop- ment of the property. While the proposed development is located within one hundred (100) feet of the high water line of the Roaring Fork River, the proposed building footprint is located entirely on Parcel 1 which is outside the one hundred (100) year flood plain boundary. Conse- quently, no adverse affect upon the health, safety or welfare of the project's residents is anticipated. ,.... - - ,.... 17 ,.... - ,... - 5. "The proposed subdivision shall not be designed to create spatial patterns that cause inefficien- cies, duplication or premature extension of public facili- ties and unnecessary public costs." - - .... No governmental inefficiencies, duplication of facilities, or unnecessary public costs will occur as a result of the provision of public services to the proposed development. All required utilities are currently avail- able in the immediate site area. All costs for the exten- sion of utilities to serve the project will be borne by the Applicant. ,... - - ,... In addition to requiring compliance with the preceding review criteria, the Land Use Regulations also require that various improvements be provided in connec- tion with the proposed subdivision, and that specific standards be adhered to in the subdivision's design. The improvements and design standards which pertain to the Applicant's proposed development are summarized as fol- lows. - - - .... ,..... 1. Water. Water service to the proposed development will be provided via the existing line which serves the Valley Hi apartments or a new service line to be connected to the existing water main located in Hopkins Avenue. The existing service line will be inspected prior .... - ,... 18 - "'" -, "'" "'" to the issuance of a building permit, and a decision as to whether to install a new line reached in cooperation with the Aspen Water Department. In the event a new service line is required, the Applicant will abandon the existing service consistent with the Department's policy. The Water Department has indicated that connection to the existing Hopkins Avenue main is acceptable, and that the municipal water system has sufficient capacity to accom- modate the project (see Exhibit 1, Appendix C). - - - ,... ,... ,-, 2. Sewer. The proposed development will be served by the existing twelve (12) inch sanitary sewer located in the alley to the rear of Parcell. According to the Aspen Consolidated Sanitation District, anticipated flows can be accommodated with no improvements to existing sewer lines or to the treatment plant (see Exhibit 2, Appendix C). "'" - ,... - 3. Electric and Telephone. Electrical and telephone service is presently located in the Hopkins Avenue right-of-way and will be extended to serve the proposed development as necessary. All required exten- sions of these utilities will be located underground. - "'" - - 4. Easements. Easements to accommodate utili- ty extensions will be provided in compliance with the applicable provisions of Section 7-1004.C.4.b. of the ,... 19 - .... - .... Regulations as may be required. It should be noted, however, that the proposed development's east side yard setback has been increased to ten (10) feet to provide a larger clear zone around the existing sanitary sewer which traverses the adjacent property. Similarly, the building footprint has been staggered on the Alternative Site Development Plan in order to provide a minimum fifteen (15) foot clear zone adjacent to the sewer located in the alley. All utility easements to be conveyed by the Appli- cant will be described in the project's subdivision agree- ment and depicted on the final subdivision plat. - - .... - r- - .... 5. Sidewalk, Curb and Gutter. No sidewalks, curbs or gutters presently exist within the immediate site area. The property, however, is located within a mapped sidewalk improvement district. As discussed previously, the Applicant will install sidewalk, curb and gutter along the north side of Hopkins Avenue as depicted on both site development plans. - - - .... 6. Fire Protection. Fire protection for the proposed development will be provided by the Aspen Volun- teer Fire Department. The project site is located approx- imately five (5) blocks from the fire station, resulting in a response time of approximately three (3) to five (5) minutes. Two (2) fire hydrants are conveniently located nearby, one directly across the street on the southwest - - .... - 20 .- ,.. " .... .... corner of Hopkins and Cleveland Street, and an additional one located approximately two hundred (200) feet to the east in front of the Riverview Condominiums. - .... 7. Drainage. The proposed development's storm drainage system will be designed to maintain historic flow rates with respect to surface water runoff and groundwater recharge. On-site drywells and/or surface detention facilities will be utilized to intercept and detain runoff from building roofs and impervious areas, and to control the rate of groundwater recharge. A detailed stormwater drainage plan will be submitted in conjunction with the Applicants' final subdivision plat application. - ,... ,- ,... ,... B. Stream Margin Review .... ,... Pursuant to Section 7-504 of the Land Use Regu- lations, all development within one hundred (100) feet, measured horizontally, from the high water line of the Roaring Fork River is subject to stream margin review. Although no development is proposed on Parcel 2, the proximity of Parcel 1 and the proposed building footprint to the River necessitates P&Z review and approval. The specific review criteria, and the proposed development's compliance therewith, are summarized below. - .... .... .... - 1. "It can be demonstrated that any proposed development which is in the Special Flood Hazard Area will ,... 21 ,... ,.. , ,... - not increase the base flood elevation on the parcel pro- posed for development." ,... As the accompanying survey and site development plan illustrate, the proposed building footprint is con- fined entirely to Parcel I which is located outside the 100 year flood boundary. Consequently, no increase in the base flood elevation of the River will occur as a result of the proposed project. - ,... ,... ,... 2. "Any trail on the parcel designated on the Aspen Area Comprehensive Plan: Parks/Recreation/Open Space/Trails plan map is dedicated for public use." - - As discussed previously, the Applicant will grant an appropriate easement for the existing pedestrian trail which traverses Parcel 2 adjacent to the Roaring Fork River. The easement will be described in the pro- posed development's subdivision agreement and depicted on the final subdivision plat. ,... - - - 3. "The reconunendations of the Roaring Fork Greenway Plan are implemented in the proposed plan for development to the greatest extent practicable." .... ,... The Roaring Fork Greenway Plan contains no site specific recommendations with respect to the project site. The retention of Parcel 2 in its undisturbed state, howev- .... ,... 22 ,... - , - - er, is consistent with the Plan's general recommendations regarding the preservation of riparian vegetation and the natural appearance of the river corridor. - - 4. "No vegetation is removed or slope grade changes made that produce erosion and sedimentation of the stream bank." - - As noted above, no development will occur on Parcel 2. Consequently, no adverse effect upon the stream bank or the Roaring Fork River will occur as a result of the proposed project. Appropriate safeguards (e.g., hay bales, etc.), however, will be employed during construc- tion to prevent sedimentation of the River, and all dis- turbed areas will be revegetated. - - ,- - - 5. "To the greatest extent practicable, the proposed development reduces pollution and interference with the natural changes of the river, stream or other tributary." - - The proposed development will have no adverse effect upon the natural changes normally experienced by the Roaring Fork River. No development is proposed on Parcel 2 or within the River. The elevation difference between the proposed building envelope and the one hundred (100) year flood boundary is approximately twelve (12) feet. - - - - 23 - ... I""" ... 6. "Written notice is given to the Colorado Water Conservation Board prior to any alteration or relo- cation of a water course, and a copy of said notice is submitted to the Federal Emergency Management Agency." ... ~ - No alteration or relocation of the existing water course will be required as a result of the Appli- cant's proposed development. Hence no notice is required. ... ... 7. "A guarantee is provided in the event a water course is altered or relocated, that applies to the developer and his heirs, successors and assigns that ensures that the flood carrying capacity on the parcel is not diminished." ... ... ... Inasmuch as no alteration or relocation of the water course is proposed, no such guarantee is required. ... 8. "Copies are provided of all necessary federal and state permits relating to work within the one hundred (100) year floodplain." ... ... No federal or state permits are required to construct the proposed development. ... C. Growth Management Exemption ... The proposed reconstruction City's growth management regulations. is exempt from the The project's four ... 24 ... """ ... - (4) free market units are exempt pursuant to Section 8- 104.A.l.a. of the Land Use Regulations subject to the approval of the Planning Director upon the verification of an adequate number of existing development credits. Bill Dreuding of the Zoning Department has inspected the prop- erty and has verified the existence of nineteen (19) dwelling units (see Exhibit 3, Appendix B, Building In- spection Checklist). As no ability presently exists to transfer development credits, the remaining fifteen (15) units will be credited to the annual growth management quota upon demolition. ... ... ... .... ... .... ... The four (4) replacement affordable housing units to be constructed on the property are exempt pursu- ant to Section 8-104.C.l.c. of the Regulations subject to the approval of the City Council. In general, the crite- ria for such exemptions include the size and type (i.e., number of bedrooms) of the proposed units, the price cate- gories to which the units will be restricted, and the proposed development's compliance with the City's adopted affordable housing plan. .... .... .... .... .... As discussed previously, the proposed one (1) bedroom units will contain a minimum of five hundred (500) square feet of net livable area and will be deed re- stricted to the City's low income category. As such, the proposed affordable housing units are consistent with the .... ... .... 25 ... ... ... ... provisions of Ordinance #47 as well as the proposed 1989 Affordable Resident Housing Guidelines. The units are also consistent with the Aspen Area Comprehensive Plan as the plan recommends the dispersion of affordable housing units throughout the City's residential neighborhoods. ... ... ... D. Alley Vacation ... As discussed in Section III. of this applica- tion, vacation of the alley which separates Parcels 1 and 2 is requested in order to permit greater flexibility in site and building design. No portion of the proposed building would be located within the alley nor would the alley be used to increase either project density or allow- able floor area. It should be noted, however, that a similar request was submitted by the property's previous owner. No specific development was proposed at the time of submission and the request was denied by the City Council by a three (3) to two (2) vote. The request, however, was supported by both the Engineering Department and Planning Office staffs. ... ... ... ... ... "'" ... ... A review of the City Council minutes pertaining to the prior vacation request indicates that, while the majority of the Council members agreed that vacation would result in an improved project, they were reluctant to dispose of municipal property. Although it is highly "'" ... ... 26 ... ... - ... unlikely that the area in question could ever be used for alley purposes, the Applicant is sensitive to the Coun- cil's concerns. Consequently, the Applicant proposes to convey Parcel 2 to the City in exchange for the vacation of the alley. The alley would be conveyed subject only to a restriction against further development. As the area of Parcel 2 is approximately sixty (60l percent greater than the area of the alley, the Applicant would like to discuss the possibility of receiving a monetary credit for the difference in land area to be conveyed. Such credits are permitted pursuant to Section 5-608 of the Regulations and would be applied towards the project's park development impact fee. - ... ,.... ... ... - - - While the Applicant's project can be developed without vacating the alley, there are several reasons why vacation continues to appear beneficial to all concerned. With the alley in place, the proposed structure must be setback ten (10) feet from the rear property line of Parcell. By vacating the alley, Parcell merges with Parcel 2, thereby allowing the required rear yard setback to be measured from the rear property line of Parcel 2. The proposed vacation, and the resulting relocation of the rear yard setback, would allow the structure to be setback further from the street. As a result, architectural flexibility would be increased and the perceived bulk of - ,.... - ... - - - 27 - ... ... - the structure would be reduced, thereby enhancing neigh- borhood compatibility. ... An additional benefit to be derived from the proposed vacation is the ability to increase the amount of landscaping in the project's front yard. By moving the building further to the rear of the property, additional area is available between the building and the front property line, thereby permitting the installation of additional landscaping with which to screen the project. ... - - ... - Pursuant to Section 19-5 of the Municipal Code, the vacation of a public right-of-way is subject to review by the Engineering Department and the approval of the City Council. The specific review criteria promulgated by the Engineering Department for such requests, and the proposed development's compliance therewith, are summarized below. ... ... ... - 1. "Circulation. Does the proposed encroach- ment or vacation cause a potential problem with regard to accessing property in the area. Could the request hinder area circulation or prevent service vehicles or utility companies from accessing facilities or other structures." - - ... The alley in question does not presently exist nor could it reasonably be constructed given its proximity to the River and the topography of the area. It also appears that several neighboring structures encroach upon - - 28 - '"" - - the alley right-of-way. No loss of access to abutting proper~y will occur as a result of the proposed vacation. '"" 2. encroachment "streets Maintenance. or vacation create a Does the proposed possible problem for '"" street maintenance or snow removal operations." - - The proposed vacation will have no effect upon street maintenance or snow removal. As noted above, it is highly unlikely that the alley would ever be constructed. '"" '"" 3. "utilities. Could the proposed encroach- ment or vacation interfere with existing or future utility needs for the area." '"' '"" No construction will occur within the vacated alley. The proposed building will be constructed entirely within Parcell. Consequently, the proposed development should have no impact upon the existing sanitary sewer which traverses a portion of the alley. The Applicant will grant a minimum thirty (30) foot utility easement, which is consistent with ACSD requirements, to the City to insure adequate access and to allow the installation of future utilities as may be required. Appropriate safe- guards will be taken during construction to prevent damage to the sewer. As noted previously, water, elec- tric and telephone service is located in the Hopkins Avenue right-of-way. '"' - '"" '"" '"' '"" '"" 29 - - - - 4. "Enforcement. Could the proposed encroach- ment or vacation create or compound an existing problem for traffic control, city police, or fire department personnel. " - - - The proposed vacation will not create or com- pound an existing problem for traffic control, police or fire department personnel. Fire protection vehicle access to the project is conveniently provided from Hopkins Avenue. ,... - - 5. "Expansion. Does the proposed encroachment or vacation provide the opportunity for expanding the floor area of structures. Would such expansion require Growth Management Approval." - - - The proposed vacation is requested primarily for the purpose of increasing the project's front yard set- back. As noted above, the proposed project is located entirely on Parcell, and has been designed based solely on Parcell's approximately thirteen thousand five hundred and thirty (13,530) square feet of R/MF zoned land area. Neither vacation of the alley nor growth management ap- proval is required in order to develop the Applicant's project. - ,... ,... - - 6. "Income Space. Is the encroaching space intended for conunercial or other income producing space." - 30 - - .... .... - ,... .... - - - - - .... - - - .... - - ~ " As none of the individual units will be located within the alley, no income producing space will be cre- ated as a result of the requested vacation. 7. "Adopted Plans. Considering whether the proposed encroachment or vacation is consistent with any adopted plan (i.e., trails, malls, improvement districts, etc.)." To the best of the Applicant's knowledge, vaca- tion of the alley will have no adverse impact upon any adopted plan for the area. The Parks/Recreation/Open Space/Trails element of the Aspen Area Comprehensive Plan, however, identifies an existing pedestrian trail (i.e., the so-called North Star trail) across Parcel 2 of the Ap- plicant's property. While a crude footpath does in fact parallel the River, no easement has been granted across the property. The granting of an appropriate trail ease- ment is required as a condition of both subdivision and stream margin approval. This requirement, however, will be moot if the requested vacation is approved and Parcel 2 is conveyed to the City. 8. "Benefit. Considering whether the en- croachment or vacation is beneficial to the City of Aspen. vacation of public right-of-way should generally occur under the following conditions. 31 ."""- .... - ... .... ,.... ,.... .... - .... - ... - - ... ... .... - .... " a) It can be demonstrated that the City has not used the right-of-way historically for roadway, utility or other purpose. b) All affected tal agencies do not anticipate a for the right-of-way." utilities and governmen- reasonable future need vacation of the alley would be beneficial to the public as it would reduce the visual impact of the proposed project, allow private landscaping and mainte- nance of a presently unmaintained area (i.e., the alley), and add taxable property to the municipal tax roll. Inasmuch as the Applicant will grant an appropriate utili- ty easement across the vacated alley, no adverse impact upon the potential future use of the alley for utility purposes would appear to result from the proposed vaca- tion. Water, electric and telephone service is already located within the adjacent street, and it is unlikely that they would be relocated to this non-existent alley. E. Vested Property Rights In order to preserve, as may be allowed, the land use approvals which may be obtained as a result of this application, the Applicant hereby requests vested property rights status pursuant to the provisions of Section 6-207 of the Land Use Regulations. It is under- 32 ,.. - ... - - ,.... - - - ... - ... - - ... - ... - - ~~ , stood by the Applicant that, to establish such status, final approval of th~ proposed development must be granted by ordinance of the City Council. It is also the Appli- cant's understanding that no specific submission require- ments, or review criteria other than a public hearing, are required to confer such status. 33 ,.....,. ..... ,... - ,... ..... ,... - - ,... - - - - - - - ,... - " APPENDIX A - ,..... - - ,..... ,..... ,..... ,..... - ,..... - ,..... ,..... !"""' ,..... - ,..... - " CITY OF ASPEN PRE-APPLICATION CONFERENCE SUMMARY PROJECT: V ~\\~ ',\, ~~~\M(..~ APPLICANT'S REPRESENTATIVE: .:::;.....~~"\ \lA. '" '" . ~"Lr - bq 5'3 'k', \'l1 A...l.. ,~ "\ (4\-\ \ EXHIBIT 1 REPRESENTATIVE'S PHONE: OWNER'S NAME: \JI><\\~ 1. SUMMARY Type of Application: -S_\oty,,,>,~,,, \ <;-\1-u.- V'o\AQ.-~i~ 2. Describe action/type of development being requested: '-\ <("-U.. _...~\...;\ .J_,~ ~ '--\ \. \'.\-IL, ~\sJ'1.e.e. \) V:, ~. {\ ~ 'I(~ (1, ..~.....~ \ ,^,,-p. "\ ^-'-t "'~..... \) ~\,\"'\ ~c"'^""'. G-II"'-'&", M.-f'A-H..d. 3. Areas is which Applicant has been requested to respond, types of reports requested: Policy Area/ Referral Aaent ~"'-'\\"""e..e..~,'---.~ . Comments ~ \\"", JM-"~ ^ ) <;..l.;~...... ~:_' ~..,,~ ~'"'-;\.\~ \ ~ r-<- Dr.; ,^-~~!r, 1 \ ~"'\ ~\ ~\ '\\QV\S,-:'", . f\\\o<2-~ \ ~LSO L,~ w,"'~* 'i.~;..< ~ then t~) 4. Review is: (P&Z Only) (NO) 7. ~ \~5o ....<00 .lr So; ''''if'' e\........'J ~~Q... ~ \ .:>ro "i.....' ~." ~\\Q, v..c Anticipated date of submission: (<.,,,,,- -'<0 ""'~~ \ "\ . S: \)R-Q\,^,,~ '-\\: \jo~"'~ v....vo.-'I''-''~, i\. .-\ w-....'l ~ <._\' _.., <?Loo~ f"'-' '<-<>- ~,-"",..~ ~-'. frm.pre_app What fee was applicant requested to submit: 8. 9. COMMENTS/U~IQqE CONC~: \4v,~ <;..\",~,,<--\l-s \" ~"",-,-,\,,~: ....,,\\ 0"''-'" "" ;,,;:~~r; '-'H( .;~': '~"l .r.: 'ti, I' ..,~( J>.oI~":.,"""~(ii~:~t~:_-,'1~i;.-,,.,,i,,','J~,"~'::::,;': '~"(j,,';II1H",,":;i~(r"Qt(~:,,";..f,,;_', ::i',,~~"N.':'\'<'5~W-:.:;r;-!1:::;;r.:;:;:i,j~r;~:~7'l:fi1F";.;..""'i"iTh:":F3i1':'l ...' kwyerspde Insurance @rporation EXHIBIT 2 - - NATIONAL HEADQUARTERS RICHMOND, VIRGINIA - SCHEDULE A-cmNER I S POLICY CASE NUMBER - PC'I'-2237 DATE OF POLICY 07/25/88 @ 12:33 P.M. AM:)UNT OF INSURANCE $ 1,250,000.00 POLICY NUMBER 85-01-097393 _ 1. NAME OF INSUBED: VALLEY-HI DEVELOFMEm' TRUST, A COLORADO GENERAL PARTNERSHIP - 2. THE ESTATE OR nfl'='~' IN THE LAND HEREIN AND WHICH IS COVERED BY THIS POLICY IS: - IN l1'~ SIMPLE - 3. THE ESTATE OR INTEREST REFERRED TO HEREIN IS AT DATE OF POLICY VESTED IN: VALLEY-HI DEVELOFMEm' TRUST, A COLORADO GENERAL PARTNERSHIP - 4. THE LAND REFERRED TO IN THIS POLICY IS DESCRIBED AS rou.cms: - PLEASE REFER TO EXHIBIT "A" A'l'TACHED HER..""XO AND MADE A PART HEREOF - - - - ~~ r ~ It. Ci Counter ized Agent PITKIN COUNTY TITLE, me. 601 E. HOPKINS AVE. ASPEN, COLORADO 81611 (303) 925-1766 - THE l?OLICY NUMBER SHewN ON THIS SCHEDULE MUST AGREE WITH THE l?REE'RINTED NUMBER ON THE COVER SHEET. - - - '(_.II_.II_.II_.I'_.'I_.II_.II_.'I_."_.'I_.'~.'I_.'I_.'1_.'1_.11_.'1_.'1_.'1_.11_.11_.11_.'1__'1_.'1_.'1-.'1_.'1_.'1_.11_ )~ 160 Litho in U.S.A. }S':cO.1oo-0041/2 ... - ;"J); . flllll,lolIuln"ii;jiil'la:lllliUlo:W&tltl>'JliO~Iin2:J'j;':I::il.'ltod;;;lIllr.llilI:U1 ",",lnl""""ltIl1lL:ii:QlIil;;;,;:IUlo.:<.:IiO~I~'~CiGijol..,.j&Ufttf.iiS.r"'iI.I_II.!filWllt"~ Il.lll1lillll:ii:"11i!20iiiUfl..'ii.lgIJ~" j'lalOllilil!illJ.I_..UI.....(_:lIII."" . ... ... - ... - - ... - ,.-. ,... ... ,... - , ~yers1ide Insurnnce @rporation NATIONAL HEADQUARTERS RICHMOND, VIRGINIA EXHIBIT "A" LOTS li AND !, !N 3i:.OCX 25. LYInG WITEIN TEl!: EAST AS?E:N A:OD!'!IO~: TO T~E C:TY AND TO.iNS!T! OF ASPEN, according to ~he Plat thereof recorded as Dc=ullie~t No. 105453 in Ditch Sook2A a~ ?a~e 252 of t~e r~ccrds =c= Pitkin County. together with a tract of land situated in the East Aspen Townsite described as follows: Beginning at the Southwest Corner of Lot S, Eleck 25. EAST ASPEN ADDITIONAL '!'O~~SITE, as shewn on the recorded ?la~ t~e:gc~: then:e North 14050'4911 East 100 feet a!c~g the West Ji~e of r.ot S to the !-lo:,-:h~...:ast Corner of Lot Sf the:lce South. 75009' 11 II East 235.32 feet; thence South 14050'49" West 100 feet; thence ~lo:'th 750 09~11tt West. 13~.39 feet to the poir~t of beginning. .~N:) A tract of :ar:.c lying ~ortherly of Lot S, said Sleek 26. and Lot E, 3lock ~5 of said East Aspen Additio~al TOI~site. and that tract of land sometimes rete:,:,ed to as Cleveland Street lying Northerly of the South Half of said'Slocks 25 and 25, allot which is shewn upon Plat recorded as Document No. 108453 in Ditch Sook 2A at Page 252 of the records for Pitkin County, Colorado. and being situate in the East Aspen Addition . to the City of Aspen. COUNTY OF PITKIN, STATE OF COLORADO. ... - - - ';0"," '00 Utho in U.s.A. )$.()-1()().o(l(W112 ... ',~'Z""m~ ;loil;,~""I.iI~{ci..;;;iL""'~;;'i!I,,,.....(f.1;jj..UIl.;;l;;i.iOllll,,.:!;)iliHt Hi.~Uii,j'~~Lh~liIirt..;~:j';':J~"'~I",~ill',{~u':'::,':, "'; " ., .l1l1~J.ul...".."" .~;1aI(~:,:J~1.....1J:il1'II;.;oI.llIIIiI~iilJr~0ll11t:O.J.ul~eQ - ,... . fu.!vyersllde Insurance @rporation NATIONAL HEADQUARTERS RICHMONO, VIRGINIA SCHWJ!E ~ CASE NUMBER - PCT-2237 DATE OF POLICY 07/25/88 @ 12:33 P.M. POLICY NUMBER 85-01-097393 - THIS POLICY DOES NOT INSURE AGAINST LOSS OR DAMAGE BY REASON OF THE FOL!.CWING: 1. Rights or claims of parties in possession not shewn by the public records. 2. F"..,."..,.".ts, or claims of ea...."""'ts, not shewn by the public records. - 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct SIJrVe'f and inspection of the premises would disclose and which are not shewn by the public recorcls. _ 4. Arri lien, or right to a lien, for services, labor, or material heretofore or hereto- after furnished, imposed by law and not shewn by the public records. 5. Unpatented mining claims, reservations or exceptions in patents or in Acts authori2- ir.g the issuance thereof; water rights, claims or title to water. - 6. Taxes for the year 1988, not yet due or payable. - - ,.... 7. Right of way for ditches or canals constructed by the authority of the United States, as reserved in United States Patent recorded in Eook 185 at Page 69. 8. Deed of Trust from : 1000 E. Hopkins Partr.ership, a Colorado General Partnership to the Public Trustee of the County of Pitkin for the use of Pitkin County Bar.k & Trust Company to secure $472,500.00 dated April 15, 1988 recorded April 15, 1988 ir. Eook 561 at Page 316 reception 1'.0. 299209 _ 9. Fir.ar.cir.g Statement frolll Valley-Hi development, debtors to 1000 East Hopkins Partnership, A Colorado general partnership, secured party, filed July 25,1988 ir. Eook 569 at Page 364, as Filir.g No. 11767. ,.... - '""" - - - - 10. Deed of Trust from : VALLEY-HI DEVELOPMENT TRUST, A COLORAOO GENERAL PARTNERSHIP to the Public Trustee of Pitkin County for the use of 100 EAST HOPKINS PARl'NERSHIP, A COLORAOO GEN.BERAL PARTNERSHIP to secure $650,000.00 dated JULY 25, 1988 recorded JULY 25, 1988 IN BOOK 569 AT PAGE 350. reception no. 302326 EXCEPTIONS NUMBERED NONE ARE HEREBY CMITTED. :'1(__11_.'1_.'1_."_.'1_.'1_.'1__11__"__11__1(_.'1_.'I_.II_.'I_.I(_.I(_.I(_.II_..I_.II_..I_.II_.II_.I~.II_.11_.11_.11_.11_ Jrm 100 Litho in U.S.A. 15~O~ , OO-Q04 , /2 ,:..i.~aI~...ii.~iill:r~hi{c::iIi.lilil,;;.;.."l{CJiIllliO;dllllllt";>(J.'l",~.~I~'illtltliiil.11~.iltlll{;;w:ilIllt.....lIlllft'JIil.l-.i_~j~j(.j:WlIUl""~'J'(Ili;.iID.I...'"..ll~illil","..itll'(:':":ll'~ldll,"",,'~~!e.;.:l..Iiil~!'ll:;;dal[~lii~I......tlil~ ~ . kLwyerslitle Insurance @rporation - NATIONAL HEADQUARTERS RICHMOND, VIRGINIA ENDORSEMENT FORM 110.1 ATI'ACHED TO AND MADE A PARr OF Li\WYERS TITLE INStJRANCE CORPORATION NO. 85-01-097393 ... The aforementioned policy is hereby amended by deleting paragraphs 1, 2, 3, 4 of Schedule B, Exceptions. ... ... ... ... ... ... ... ... This endorsement is made a part of the policy or commitment and is subject to all the terms and provisions thereof and of any prior endorsements thereto. Except to the extent E!:'!Pressly stated, it neither modifies any of the terms and provisions of the policy or commitment and prior endorsements, if any, nor does extend the effective date of the ... policy or commitment and prior endorsements or increase the face amount thereof. IN WITNESS WHEREOF, the Company has caused this Endorsement to be signed and sealed and ... to be valid when cOlmtersigned by an authorized officer or agent of the Company, all in accordance with its By-Laws. ... ISSUED AT PITKIN ctaT ~; 01 E.. HOPKINS AVE., ASPEN, COLORAOO 81611 COtlN'l'E!lSIGNED: ~ _ ~t ... AtlTHORI OR AGENT DATED:07/25/88 @ 12:33 P.M. ... ... ... W'I_..r_.'I_.'I_.'I_.'I_.'f_.'I_.'I_..r_..I_..'_.'I_.''_.'1_.'1_."_.'1_."_."__.'__"__'__.1__'1__'1__'1_.'1__'1__'1_."_ .orm 100 Litho in U.S.A. i35.0-1Q0-0041/2 - - - - !"'" - - - - - - - - - - - - - - . . . . April 24, 1989 HAND DELIVERED EXHIBIT 3 Mr. Alan Richman Planning and Development Director Aspen/Pitkin Planning Office 130 South Galena Street Aspen, Colorado 81611 Re: Permission to Represent Dear Mr. Richman: Please consider this letter authorization for sunny Vann of Vann Associates, Inc. to represent the Valley Hi Devel- opment Trust in the processing of our application for subdivision/stream margin review approval. Mr. Vann is hereby authorized to act on our behalf with respect to all matters reasonably pertaining to the aforementioned appli- cation. Should you have any questions, or if I can be of any further assistance, please do not hesitate to contact our attorney, Richard Y. Neiley at 925-9393. Sincerely, VALLEY HI DEVELOPMENT TRUST ~~~L' ~~ /. - b.dJ - - - - - ,... - - - - ,... - ,... - - - - - - . . APPENDIX B - - - - - - - - ,... - ,... ... ,... ,... ,... ,... ... ,... ,... . . EXHIBIT 1 CITY, PEN . February 22, 1988 Vann & Associates P. O. Box 8485 Aspen, Colorado 81612 Dear Sunny: This letter is to confirm our conversation of February 22, 1988 regarding 1000 E. Hopkins Townhouses. It is my understanding that you intend to raze the existing apartment building, located at the above address; and in its place construct six two-bedroom townhouses. This letter is to assure you that water is available from the existing main located in E. Hopkins Street, and you may elect to use the existing service line should the service line be adequate for your needs. Please be advised that separate and distinct shut-off valves will be required should the units be under separate ownership. However, if a condominium associa- tion is formed to manage the common elements; then a community shut-off valve with a common meter may be used as long as there is one entity to deal with. 1'9iI~ ames M r alunas irector, Aspen Water Department JM:mlg Cc: Planning Board .... .... .... .... .... .... .... .... ... .... .... .... .... .... .... - .... .... . ~ EXHIBIT 2 fL;pen @onsolidated Sanitation C])ist1f'ict 565 North Mill Street Aspen. Colorado 81611 Tele. (303) 925-3601 Vann Associat,s P. O. Box 848'; Aspen, Colorado 81612 RE: 1,000 Eas1: Hopkins Townhouses Tele. (303) 925-2537 " February 25,1988 This letter i" to verify that the Aspen Consolidated Sanitation District has adequate ])lant capacity and line capacity to serve the proposed 6 multi-family "nits that are replacing the former 19 Valley-Hi apartments at this site. .J I Sincerely ~:.~ ~~- Heiko Kuhn, Manager Aspen Consolidated Sanitation District ASPEN.PITY'~ REGIONAL BUILDING r"'ePARTMENT . _V a;/~ 1~7" - B~ _L .....p.n. Co. r..l" B1l!I11 aaa/B215-l58'73 EXHIBIT 3 STEEL ELECTRiC PLUMBING MECHANICAL BUILDING Footings - Temp - Underground - Rough - R.Frame - Caissons - Underground - Waste & Vent - Flue - Insut - Wall - Swim Pool - Water Pipe - F. P. Flue - Drywall - Struct Slabs - Rough - Gas - Glass Door - Special - Damp Proof - Service - Final - Combust Air - Mobile Home - Foun Insut Final Fire Final Final - - Sprinklers - - - . Found Drain - Air Condo - Zoning "'1'- ,- Wail Cores - FIRE LIFE & SAFETY Kitch Hood - Accepted Rejected Reinspection Fee $30.00 Yes No No. Bdrms. (You are ordered to make the following corrections on the construction which is now in progress at the address below) <1A.""Ji ff ~ /{uuC I hN./j, ~ 177 'S"~..u.a.. . A 'J )/1-"-;-/ ~ # CI I kMd C r ku. L -J;b..-~ 1 I;:u.<,:Y {) J hp A' " ~ LL- ::-; - ~ i k12 " c::: I-~A17 . I" () I~j " I /j; Ihi, :j ~~l d <( ..Lv(~;' S;~ ~~ I I ((\a~u,~, 1 ~ . ..... inspection ,... ,... ,... ,... ,... ~ - ,... jl~1 ,... - ,... ,... BUILDING INSPECTION CHECK LIST ~ Partial Complete Permit No. Reinspection k:;- -; 2 ~ I-f _ c:;- I.. 14 . , ( ~ (2 fJ +ut;-) 1o(J/.n>>1~ ~ :; (~~/=:> <:+rA ,~"":, -;;;) , r I 0\ [' I. \ l Instructions to Inspector ,... Kitchen_ Tub_ Shower _ Lav._ W.C._lce_ W. Bar _ Tub/Shower _Jacuzzi_ Bidet_ Hose Bib_ Laundry _ Clothes Washer _ Hot Tub_ D.W._ Jacuzzi w/Shower_ City_ County_ Time of Arrival Time of Departure Address \ 000 V '~\AIL,' /oJ ~ Phone Job Office , - - Subdivision Request Rec'd Contractor ~ Owner \) ~'AA P llM.. ? ;. Rev.7I87 '\( Independence Press.lnc. Date Time Request for, M T W"TH F A.~. P.M. Time, Date Insp '2 \ IC\ ! Wlnspector Q)){ j ..e~?'"? \ ; 1""