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Home My WebLink AboutLand Use Case.805 South Ave.0010.2004.ASLU-Eouth & Gibson Subd 805 South AVe - PIN 2737-073-00-031 Case 0010.2004ASLE -4 0,4Â« U â‚¬ THE CITY OF ASPEN City of Aspen Community Development Dept. CASE NUMBER 430/0, 9004, ASLL< PARCEL ID NUMBER 1352 03-3-CO-031 PROJECT ADDRESS 905 90 .41 14 AVE- , PLANNER Scoll WooD p.0,2-Â© /%.3 Arvreo L l A,1 Or CASE DESCRIPTION 60 07 11 4 Gp GeÂ·Â·7 9-466 An. 11.097 REPRESENTATIVE Mi tch Act is DATE OF FINAL ACTION 1 1 C41O9 CLOSED BY Denise Driscoll SUBDIVISION IMPROVEMENTS AGREEMENT FOR THE SOUTH & GIBSON SUBDIVISION THIS AGREEMENT is made this 4 day of F.6,6..3 , 2005, between GIBSON AVENUE, LLC, a California corporation (the "Owner"), and THE CITY OF ASPEN, a municipal corporation (the "City"). RECITALS: WHEREAS, Owner owns that certain real property (the "Property") located at 805 South Avenue, on the corner of South and Gibson Avenues, assigned a Parcel Identification Number of 2737-073-00-031, in the City of Aspen, County of Pitkin, legally described as: A parcel of land situated in the South one-half of Section 7, Township 10 South, Range 84 West of the Sixth Principal Meridian, Pitkin County, Colorado being more fully described as follows: Beginning at a point whence Corner 22 of Tract A, East Aspen Additional Townsite bears South 44Â°35'50 5,5, East 3.91 feet; thence North 65Â°03'32 5,5, East 7.45 feet; thence 51.50 feet along the arc of a non-tangent curve to the left the radius of said curve being 741.97 feet, the chord of said curve bears South 89Â°11'14"" East 51.49 feet; thence North 84Â°23'24 55,5 East 143.54 feet to a point on the Northerly boundary of the Smuggler Mobile Home Park; thence Southeasterly along said boundary, South 37Â°11'41 5,55 West 60.04 feet; thence North 61Â°48'00 '55, West 7.00 feet to a point on the Easterly boundary of Parcel No. 1 as described in instrument recorded in Book 488 at Page 205, Pitkin County records; thence South 29Â°34'00 5,5, West 108.00 feet along said Easterly boundary to the Northeasterly boundary of Gibson Avenue as constructed and in place; thence 165.06 feet along the arc of a curve to the left having a radius of 940.00 feet, the chord of said curve bears North 20Â°30'55 55" West 164.85 feet; thence 37.34 feet along the arc of a curve to the right, the radius of said curve being 220.00 feet, (the long chord is North 11Â°54'45 "55 ) West 37.29 feet: thence 19.40 feet along the arc of a curve to the right, the radius of said curve being 37.60 feet, (the long chord North 30Â°45'32 5â€ž5 ) East 19.19 feet to the Point of Beginning. County of Pitkin, State of Colorado; and, WHEREAS, the Property has been subdivided into two (2) lots to be known as Lots 1 and 2, South & Gibson Subdivision (the Subdivision) for residential development where such development, hereinafter referred to as the "Project", includes: â€¢ Lot 1, at the corner o f South and Gibson Avenues, contains approximately 6,859 square feet for development o f a single-family residence and customary accessory uses; and, â€¢ Lot 2 resides between Lot 1 of the Subdivision and the Smuggler Mobile Home Park, and contains approximately 15,079 square feet for development o f either one (1) single-family residence, one (1) duplex, or two (2) detached single- family residences, and customary accessory uses. WHEREAS, pursuant to Ordinance No. 16, Series of 2004 (' Ordinance"), the City Council granted Subdivision approval for the Project; and, 111 111 Ill li 11 Il IlllilliN I 02/07/2005 09'08A 506796 Page 1 of 8 SILVIA DAtiS FITKIN COUNTY CO R 41.00 D 0.00 WHEREAS, the City and the Owner wish to enter into a Subdivision Improvements Agreement (hereinafter "SIA") for the Project; and, WHEREAS, Owner has submitted to the City for approval, execution and recordation, a final plat for the Project (the "Plat") and the City agrees to approve, execute and record the Plat at Owner's expense, subject to the provisions of the Municipal Code of the City of Aspen (the "Code"), the Ordinance, and other applicable rules and regulations; and, WIIEREAS, Owner is willing to enter into such SIA with the City and to provide assurances to the City subject to the terms and provisions set forth below. NOW, THEREFORE, in consideration o f the mutual covenants contained herein, and the approval, execution and acceptance o f the Plat for recordation by the City, it is agreed as follows: 1. Description of Project. Refer to the second "Whereas" statement, above. 2. Dimensional Requirements. As set forth in Condition 3, Section 1 ofthe Ordinance, the existing house need not be demolished to accommodate the lot boundaries resulting from the Subdivision, and the encroachments into the side yard setbacks may continue to exist for the li fe o f the original structure only. Further, upon demolition o f the existing structure, the residences to be developed on the lots shall meet the R-6 Zone District' s dimensional requirements and comply with the City o f Aspen residential design standards, unless variances are duly obtained. If the zoning designation o f the Property is amended by the City Council, development o f the Property shall be subj ect to the dimensional requirements o f the then applicable zone district. 3. Acceptance o f Plat. Upon execution o f this Agreement by the parties hereto, the City agrees to approve and execute the Final Plat for the Proj ect submitted herewith, which conforms to the plat requirements o f the Code and the Ordinance. The City agrees to accept such Plat for recording in the o ffice of the Pitkin County Clerk and Recorder upon Owner' s payment o f the recordation fee, provided the following plat requirements, as contained in the Ordinance, are satisfied: a. Sidewalk Agreement. Prior to recording o f the final plat, the applicant shall also sign a sidewalk agreement agreeing to fund the construction o f a sidewalk along the entire South Avenue frontage at such time as the City decides to undertake such construction. b. Non-Exclusive Common Easement. The subdivision plat shall show an easement for utilities, roadway and future sidewalks. Instead of multiple easements, a single 'non- exclusive common easement' may be platted with appropriate plat notes. A plat note shall provide that no structures or trees can be placed in the easement without the permission of the City Engineer and applicable utilities. c. Sidewalk, Curb and Gutter Design. Prior to the recordation of the subdivision plat, a design of the sidewalk and curb/gutter needs to be submitted to the City Engineer. (A 11111111111 lillill lili 1111111111111111-1 Page: 2 of 8 506796 02/07/2005 09.08A SILVIA DAVIS PITKIN JOUFTY C) R 41.00 D 0.00 South & Gibson S.I.A. Page 3 of 8 sidewalk, curb and gutter design will allow the accurate depiction o f the easement on the plat.) The curb location along Gibson Avenue will be dictated by the need for a 24-foot minimum street width. The design needs to include a site plan with adequate contours and spot elevations to demonstrate that gutter will have a 0.75% slope (minimum) towards a storm drain and show the extent o f re-grading Gibson Avenue. d. Site Triangle Plat Note. The site triangle described in paragraph 4.k., below, shall be noted on the plat. 4. Development Requirements. The following development requirements will be satisfied by Owner pursuant to Ordinance No. 16, Series of 2004. a. Building Permit Plan Requirements. In addition to standard requirements, prior to issuance of a building permit for either lot in the Subdivision: 1. Park Dedication fees shall be paid for any additional bedrooms that are added above and beyond what currently exists on the site, as determined by the City Zoning Officer. Documentation of the number ofbedrooms in the existing house must be submitted to the City Zoning Officer for review i f a credit is to be used against any required payment. 2. Cash in lieu of school land dedication shall be paid based on the formula in effect at the time of building permit application. 3. Mitigation shall be required in accordance with Section 26.470.070.B of the City of Aspen Land Use Code (if the applicant proposes to construct an accessory dwelling unit instead of paying the fee in lieu to satisfy this requirement, then the ADU shall be completed prior to issuance o f a Certificate of Occupancy for the primary structure on that particular parcel). Documentation of the existing house's floor area must be submitted to the City Zoning Officer for review if a credit is to be used against any required payment o f cash-in-lieu o f an accessory dwelling unit (ADU). 4. Any proposed new dwelling shall demonstrate compliance with the Residential Design Standards or any needed variances shall be obtained. 5. An approved tree permit is required from the City Forester. An approved tree permit requires a proposed landscape plan identifying trees for removal and means of mitigation. 6. An outdoor lighting plan for each residence shall be submitted. 7. All tap fees, impacts fees, and building permit fees shall be paid. 8. The private well for the existing house must be abandoned and a new municipal water service installed. b. Wastewater and Surface Drainage. Owner shall comply with Aspen Consolidated Sanitation District (ACSD) rules and regulations. No clear water connections (roof, foundation, perimeter drains) to ACSD lines shall be allowed. All improvements below grade shall require the use of a pumping station.. c. Water Service. Owner shall comply with the City o f Aspen Water System Standards, with Title 25, and with applicable standards of Title 8 (Water Conservation and Plumbing Advisory Code) of the Aspen Municipal Code, as required by the City of Aspen Water 1111111.11.11111'llilli 11111111 111Ill Page: 3 of 8 1 506796 02/07/2005 39:089 SILLIA DA\,IS FITKIN CO _RTY C ) R 41.00 D 0.00 South & Gibson S.I.A. Page 4 of 8 506796 Page: 4 of 8 Department. lili lili 111 lilli 11111111'll'111 1 02/07/2005 09 08A SILLIA DAVIS FITKIN Z -UNI Y C) R 41.00 D 0.00 d. Fire Protection. In any residence that contains more than 5,000 gross square feet of floor area, Owner shall install a fire sprinkler system that meets the requirements of the Fire Marshal. e. Encroachments and Work in the Public Rights Of Way. To the extent any exist, Owner shall either remove any encroachments into the public rights-of-way or be subject to current encroachment license requirements, as required by the City of Aspen Engineering Department. For proposed work in public rights-of-way, Owner must receive approval from: â€¢ The City Engineer for design of improvements, including landscaping; â€¢ The Parks Department for vegetation species, tree removal, and/or public trail disturbances; â€¢ The Streets Department for mailboxes and street cuts; and â€¢ The City Engineering Department to obtain permits for any work or development, including landscaping, within the public rights-of-way. f. Construction Schedules and Noise. Construction is prohibited on Sundays and between the hours of 7:00 p.m. and 7:00 a.m. on all other days. All noise ordinances shall be abided by. g. Tree Protection. Prior to commencement of construction on either lot, a vegetation protection fence shall be erected at the drip line of each individual tree or groupings o f trees remaining on site. There shall be no excavation, no storage o f construction materials, backfill, equipment, tools or construction traffic inside of the protective fence. This fence must be inspected by the city forester or his/her designee before any construction activities are to commence. h. Driveways and Access. A common driveway shall be required for access to the lots and only one (1) curb cut shall be allowed. The applicant may take access from either South Avenue or Gibson Avenue; however, the driveway shall be placed as far as practicable from the South/Gibson Avenue intersection. A hammerhead driveway shall be constructed to allow cars to turnaround on-site and avoid backing onto the street. i. Construction Management. Prior to building permit issuance, Owner shall submit a full set o f construction management plans, including provisions for off-street construction parking, consistent with the City Construction Management Plan Guidelines. j. Sidewalks. The applicant shall construct a sidewalk, in compliance with City of Aspen Department o f Engineering standards, for the entire portion o f the property fronting Gibson Avenue. The applicant shall also construct a sidewalk partially along South Avenue to a point near the intersection of Gibson Avenue and South Avenue that the City Engineer determines is sufficient to allow safe pedestrian passage to the sidewalk on the north side of South Avenue. The sidewalk, curb and gutter along both lots shall be South & Gibson S.I.A. Page 5 of 8 installed as part o f the next building permit for either Lot 1 or Lot 2, whichever comes first. No final inspection or Certificate of Occupancy will be given until the sidewalk, curb and gutter is installed. Also see 3.a. and 3.c., above. k. Site Triangle Prohibitions. No proposed structure or landscaping over thirty (30) inches tall shall be installed in a sight triangle located thirty (30) feet within the Gibson/South St intersection. 1. Dust Suppression. The applicant shall submit a dust suppression plan for approval by the City Environmental Health Department prior to any activity or development occurring on the site. All activity or development shall be accompanied by dust suppression measures such as the application of water or other soil surfactant to minimize the creation and release o f dust and other particulates into the air. No dirt may be tracked onto paved roads without being immediately removed. m. Soils & The Former Smuggler Superfund Site. Owner shall comply with Ordinance No. 25, Series of 1994 regarding the handling of any contaminated soils within the former Smuggler Superfund Site prior to any excavation on and/or prior to the application for building permits on both lots. All soils on Lots 1 and 2 shall be considered contaminated unless determined otherwise through testing that adheres to the protocols that were established by the Environmental Protection Agency pursuant to Ordinance No. 25, Series of 1994. If, pursuant to said testing protocols, the soils are found to be uncontaminated, the following requirements shall not apply. However, to the extent that any contaminants are discovered, the following requirements shall apply: i. All contaminated soils that are removed from the site shall be transported to the Pitkin County Landfill and disposed of at the Smuggler repository. Any disturbed soil or material that is to be temporarily stored above ground or remain on site shall be securely contained on and covered with a non-permeable tari) or other protected barrier approved by the Environmental Health Department so as to prevent leaching o f contaminated material onto or into the surface soil and to prevent windblown dust from disturbed dirt. ii. The owner and general contractor of any development on Lots 1 and 2 of the South and Gibson Subdivision shall submit a letter to the City o f Aspen Environmental Health Department stating that they have read, understood, and will comply with the regulations for handling contaminated soils within the former Smuggler Superfund Site as set forth in Ordinance No. 25, Series of 1994 prior to any excavation and/or issuance of building permits for the property. iii. The owner shall complete a Soil Removal Permit and Affidavit for excavation prior to any excavation or disturbance of dirt and prior to any issuance of building permits for the properties. n. Soils & The Former Fuel Tank Location. Owner shall be required to test for soil contamination in the area where the previous owner stored an aboveground fuel tank. If 111 lilli l 11 1111111 11111 lilli lililll 506796 Page: 5 of 8 02/07/2005 09:08A SILVIA DALIS FITKIN COUNT r C ) R 41.00 D 0.00 South & Gibson S.I.A. Page 6 of 8 the soils in said area are found to be uncontaminated, there shall be no further requirements. However, to the extent that any contaminants are discovered, the requirements ofparagraphs 4.m.i. and 4.m.iii., above, shall apply. 5. Colorado Common Interest Ownership Act (CCIOA). There shall be no further subdivision of Lot 2; however, this restriction shall not apply to condominiumizing two single-family dwelling units or a duplex constructed on the lot. As soon as construction of the Project allows, Owner anticipates submitting Lot 2 to a plan for condominiumization created pursuant to Colorado Common Interest Ownership Act (CCIOA). The City agrees to process for approval and for recordation a condominium map prepared in accordance with the Code and CCIOA. 6. Recordation. Pursuant to Section 27.480.070(E) of the Aspen Land Use Code, once fully executed, this SIA and the Final Plat shall be recorded in the office o f the Pitkin County Clerk and Recorder. Owner obtained a 180-day extension o f the recordation deadlines. Failure to record the plat on or before June 27,2005 shall render the plat invalid and reconsideration and approval o f the plat by the Planning and Zoning Commission and City Council will be required before its acceptance and recording, unless an extension or waiver is granted by the City for a showing of good cause. The plat shall also be submitted in a digital format acceptable to the Community Development Department, for incorporation into the City/County GIS system. The one-hundred eighty (180) day recordation requirement contained herein shall not apply to the recording o f condominium maps, or declarations or any other documents required to be recorded to accomplish a condominiumization in the City o f Aspen. 7. Financial Securitv for Public Improvements. In order to secure the performance of the construction and installation o f improvements in the public right-o f-way, including landscaping, the Owner shall provide the City with a financial security for the proposed improvements. The financial security shall take the form o f a letter o f credit, cash or other guarantees in a form satisfactory to the City Attorney and shall be submitted to the City prior to the initiation of construction or the issuance o f any building permits. As part of this SIA, the Owner shall provide a detailed cost estimate o f the improvements for approval by the City. The amount o f the required financial security shall be 110% o f the estimated cost o f the improvements. The guarantee documents shall give the City the unconditional right, upon clear and unequivocal default by the Owner in its obligations to complete the public improvements, to withdraw funds against such security sufficient to complete and pay for installation for such public improvements, or to withdraw funds against such security sufficient to complete and pay for installation for such public improvements. If the improvements have not been completed to the satisfaction of the City within one year of the cost estimate, City may require the Owner to adjust the amount of the financial security for local increases in construction costs. As portions o f the improvements are completed, the City shall inspect them, and upon approval and acceptance, shall authorize the release of the agreed estimated costs for that portion o f the improvements, except that10% o f the estimated costs o f the improvements shall be withheld for the benefit of the City until (i) all o f the improvements have been 111 -111 -111111111111 -1 Page: 6 of 8 1 506796 111 1 02/07/2005 09 : 08A SILAIR DALIS FITKIN COUNTY C) R 41.00 D 0,00 South & Gibson S.I.A. Page 7 of 8 inspected and accepted by the City, (ii) a two-year maintenance bond has been provided by the Contractor, and (iii) as-builts have been provided (i f required). Separate financial securities and maintenance bonds are required for civil R.O.W. improvements (i.e. pipelines, sidewalks, and curbs) and landscaping R.O.W. improvements. 8. Notices. Notices to the parties shall be sent by United States certified mail to the addresses set forth below or to any other address which the parties may substitute in writing. To Owner: Gibson Avenue, LLC c/o Bill Boehringer, President 3535 East Coast Highway, #307 Corona Del Mar, CA 92625 With Copy To: Shane Harvey, Esq. c/o Holland & Hart, LLP 600 East Main Street Aspen, CO 81611 To CitY o f Aspen: City Manager 130 South Galena Street Aspen, CO 81611 With Copy To: City Attorney 130 South Galena Street Aspen, CO 81611 9. Binding Effect. The provisions o f this Agreement shall run with and constitute a burden on the land on which the Project is located and shall be binding on and inure to the benefit of the Owner's and the City's successors, personal representatives and assigns. 10. Amendment. The Agreement may be altered or amended only by written instrument executed by the parties. 11. Severability. If any of the provisions of this Agreement are determined to be invalid, it shall not affect the remaining provisions hereof. ATTEST: THE CITY OF ASPEN, a municipal corporation , 1 -JJ rt -r-a AF -r O L If# M \1 1 ~4~ULÂ©/1_t17-//J 1 L.4 Kathryn S. I~ph, City Clerk L.AL Helen Klanderud,-!91*or lilli- 111111 - - lilli lilli lilill 1 Page: 7 of 8 1 506796 02/07/2005 09:08A SI Lk IA DAVIS FITKIN C _N I Y ED R 41.00 D 0.00 South & Gibson S.I.A. Page 8 of 8 APPROVED AS TO FORM: ~ 1, ~1_lh 41 1 104 n Goacce,Aer John Worcester, City Attorney OWNER: GIBSON AVENUEJEC // WilliamlfoehringerfPresident/ C.0 Lotâ‚¬.Ai> D STATE OF 606@RAGe- ) 1.. 4 )SS. COUNTY Q.E=/Mt</6/Ir-9 '1*44-4**t// P I *Ct N ~,00'~strument was acknowledged before me this -~tay of ~- 2000;1*Melen KI~fl~ld, Mayor, and Kathryn S. Koch, City Clerk. ...0 1 ~, : ~t~~~Ild official seal. . (PI, My commissibn dkpires: /FLA,pl, 2-4 8/ Notary Public My Commission Expires Sept 26,2005 STATE OF CALIFORNIA- ) )ss. COUNTY OF Le@-ANGEEBS M 34Â¥ 1 ) 04015- The foregoing instrument was acknowledged before me this a "day of 709 - 2005, by William Boehringer, as President of Gibson Avenue, LLC. Witness my hand and official seal. My commission expires: Al.* <+1-ACE, (PC f ' 1-1 3 3uo -7 Notary Public 1 lil li- 11 -111 l illi- 111-11 111 lilil lili 506796 Page: 8 or 8 1 02/07/2005 09: 38A SILLIA DAVIS FIrKIN CO-liTY CO R 41.00 D 0.00 c:\My Documents\City Applications\South & Gibson\South & Gibson SIA ASPEN CITY OF 506795 130 S GALENA ST ASPEN CO 81611 CLERK . H .. 4> '.it. 4, .9 A 0 /V NOTICE OF DECISION TO: Gibson Avenue, LLC. C/o Mitch Haas FROM: Joyce Allgaier. City of-Aspen Interim Community Development Director James Lindt, Planner C.' L-- RE: Extension for Recordation of South and Gibson Subdivision Documents DATE: November 5,2004 SUMMARY: Bill Boehringer, President of Gibson Avenue. LLC, requests a six (6) month (180-day) extension in order to record the necessary subdivision plat and agreements with the Pitkin County Clerk and Recorder's office for the South and Gibson Subdivision project. BACKGROUND: The South and Gibson Subdivision received approval from the Aspen City Council on June 28,2004 and is memorialized through Ordinance No. 16. Series of 2004. According to Section 26.480.070(E) of the Land Use Code, the South and Gibson Subdivision is required to have all necessary and required subdivision documents recorded with the Pitkin County Clerk and Recorder's office within 180 days of the approval date which would be up on December 27,2004. The Applicant has requested the extension because several of the conditions of approval for the subdivision require a substantial amount of engineering work that needs to be completed prior to recording the subdivision documents. Specifically, conditions of approval 5,6, and 7 in the ordinance relate to the construction of sidewalk. curb, and gutter and dedication of the easements needed for said improvements. The Applicant has indicated that determining the exact location and design of the sidewalk. curb. and gutter has proved to be more difficult than was originally anticipated. Therefore, the Applicant has requested a six month extension. Land Use Code Section 26.480.070(E), Recording a final subdivision plat and agreement, allows for the Community Development Director to approve an extension of the recordation deadline i f there is a community interest in providing such an extension. STAFF FINDINGS: Staff finds that the request has been submitted within the vesting timeline and that there is valid justification for extending the recordation deadline. Additionally, Staff does not feel that the request for extension of the document recordation deadline warrants review by the Planning and Zoning Commission. Staff would recommend that the Community Development Director approve the requested extension of the recordation deadline by six (6) months, thereby expiring on June 27,2005. COMMUNITY DEVELOPMENT DIRECTORAPPROVAL: I hereby extend the recordation deadline for the South and Gibson Subdivision project for 6 months (180 days) to expire on June 27,2005, finding that the request has been made within the vesting timeline and there is a community interest for providing such an extension. C J" Mift i'/6/04- Joyce Allgaier, Inte]>Vhi Community Development Director Date ATTACHMENTS: EXHIBIT "A"- LETTER OF REQUEST HAAS LAND PLANNING, LLC November 4,2004 Mr. James Lindt Aspen City Planner 130 South Galena Street Aspen, CO 81611 RE: Request for Extension of South & Gibson Subdivision Recordation Deadlines Dear James: As you are aware, Ordinance Number 16, Series o f 2004 granted certain approvals for the South & Gibson Subdivision. The ordinance provided that the Subdivision Plat and Subdivision Improvements Agreement are to be recorded with the Pitkin County Clerk and Recorder within 180 days o f the approval. Final approval was granted on June 28,2004. The 180-day deadline for recordation of the documents is December 27,2004. We have been working toward completion and recordation of the Agreement and Plat. Conditions 5,6 and 7 of the Ordinance require a significant amount of engineering work be completed prior to preparation of the Plat. Jay Hammond, RE., of Schmueser Gordon Meyer has been hired to complete the necessary work and has been engaged in doing so for some time now. The work is proving more complicated than first expected and likely will not be completed, along with all necessary follow-up reviews and approvals that must take place prior to recordation, in time to meet the deadline. As such, we hereby respectfully request a six-month extension, resulting in a recordation deadline ofJune 27,2005. If I can be of further assistance in any way, or if you should have any questions, please do not hesitate to contact me. You can reach me at the phone number provided, or by email at mhaas@sopris.net. Yours truly, Haas Land Planning, LLC RECEIVED MitclhENAICP NOV 0 42004 Owner/Manager AbftN BUILDING DBPMRTMENT CC: Gibson Avenue, LLC, c/o Bill Boehringer, President c:/my documents/city applications/South & Gibson/Extension Request â€¢ 201 N. MILL STREET, SUITE 108â€¢ ASPEN, COLORADOâ€¢81611 â€¢ â€¢ PHONE: (970) 925-7819 â€¢ FAX: (970) 925-7395 â€¢ Aspen Citv Councii Regular Meeting June 28,2004 Councilwoman Richards said at that time, opponents to Burlingame discussed a land trade with Tom Moore to put the affordable housing there. This did not materialize. All in favor, with the exception of Councilman Paulson and Mayor Klanderud. Motion carried ORDINANCE #24, SERIES OF 2004 - Code Amendment - Liquor Licenses Councilman Semrau moved to read Ordinance #24, Series of 2004; seconded by Councilwoman Richards. All in favor, motion carried. ORDINANCE NO. 24, SERIES OF 2004 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, PERMITTING RETAIL LIQUOR STORES AND LIQUOR- LICENSED DRUGSTORES, FOLLOWING RECEIPT OF AN APPROVED APPLICATION, TO CONDUCT TASTINGS, ESTABLISHING A FEE FOR THE PERMIT, AND ALLOWING HOTEL OR RESTAURANT LICENSEES TO PERMIT CUSTOMERS TO RESEAL AND REMOVE OPEN VINOUS LIQUOR CONTAINERS FROM THE LICENSED PREMISES Was read by the city clerk Councilman Torre moved to adopt Ordinance #24, Series of 2004, on first reading; seconded by Councilman Paulson. Roll call vote; Councilmembers Richards, yes; Torre, yes; Paulson, yes; Semrau, yes; Mayor Klanderud, yes. Motion carried. ORDINANCE #16, SERIES OF 2004 - South and Gibson Subdivision Scott Woodford, community development department, told Council the applicant is requesting subdivision of a 21,000 square foot lot at the corner of South and Gibson into 6,859 and 15,079 square foot lots. After subdivision approval, the applicants could build a single family dwelling on the smaller lot and could build a duplex or two single-family residences on the larger lot. This is located in the R-6 zone; the FAR on the smaller lot would be 3300 square feet and 4,024 on the larger lot or 2020 square feet on 8 Aspen Citv Council Regular Meeting June 28,2004 each side of a duplex. Each house will need to meet the residential design standards. The engineering department commented access can come off either South or Gibson; however, the driveway should be as far back as possible from the busy intersection. The engineering department requires a hammerhead turnaround so the cars will be able to head into the street going forward. There is a requirement not to have anything higher than 30 inches at the apex of the triangle at South and Gibson. The applicant proposes a sidewalk, curb and gutter along Gibson. The city requests a sidewalk be constructed on the South street side as well. The applicant has not agreed to this. Woodford pointed out the area on the north along South street was subject to a settlement agreement between the city and the previous owner, that the owner gave quiet title to a portion of land to the city so that the street would be located within the right-of-way and the applicant could use that portion for FAR purposes. Woodford said staff feels with this request for subdivision, the city sidewalk plan calls for sidewalks and the applicant should provide that sidewalk. Woodford told Council this request complies with all the subdivision criteria. There was a request for a GMQS exemption, which is a community development director approval, upon meeting certain criteria. The criterion is that they will provide either an ADU or pay the fee-in-lieu. Woodford noted the requirement about the superfund site and although this area has been removed from the superfund listing, they must still comply with conditions of Ordinance 25,1994, to do soil testing. If there are no contaminated soils, there are no further requirements. If there are contaminates, they must follow the protocol. There is an overhead diesel fuel tank storage on site. Woodford passed out an ordinance with amended conditions. Mitch Haas, representing the applicant, told Council they would like to discuss the requirement for a sidewalk on South Avenue and the requirement for an easement on the plat. Haas noted in condition #3 there is a requirement that the plat show an easement for the existing residence to stay in place until the two lots are developed. Haas said he is fine with addressing the existing house but does not want to call it an easement. Haas said this house would be too close to a lot line for redevelopment. The plat note could state the house will be demolished prior to development of either lot. The new development will comply with all dimensional requirements. Woodford told Council staff' s policy is not to require houses to be 9 Aspen Citv Council Regular Meeting June 28,2004 demolished. The issue is how to handle the fact that the existing house will be too close to the lot line. Woodford said a plat note would be acceptable to staff. Haas told Council their concern over the requirement for a sidewalk is that that land was given to the city and the agreement was if they wanted to build a sidewalk, they could. Haas said it should not be incumbent on the applicants to build this sidewalk. Haas pointed out to put a sidewalk along South street, they would have to remove about 25 mature Aspen trees. The sidewalk will dead end at the end of this property without a connection to the sidewalk to the east. Haas stated this sidewalk is not needed. There is a sidewalk on the other side of South street. Haas told Council the applicants would be willing to join an improvement district for any future sidewalks. Councilwoman Richards asked about the overhead lines and is the developer planning on undergrounding. Haas said they will coordinate any work with Smuggler Mobile Home Park. They are interested in pursuing the project; however, his client does not needs those lines for service. There is an electric vault located on their property. Woodford told Council the new houses will not be taking their power from the overhead lines so staff felt they could not require the applicant to participant in the underground project. Mayor Klanderud opened the public hearing. Mark Hesselschwerdt, president Smuggler Homeowners Association, told Council they have been working on undergrounding in Smuggler. The overhead line comes across the subject property and everyone will need to work together to get this undergrounded. Hesselschwerdt said the proposal is Smuggler and this applicant will split the 50% ofundergrounding. Hesselschwerdt said there is a concern about putting 3 units where one used to be. There is also concern that the applicants are receiving FAR that does not reflect the size of the lot. Patti Clapper, Smuggler resident, told Council city staff has been very helpful in addressing the majority of concerns. The neighborhood supports undergrounding and perhaps Council can provide some incentives to the landowner for this project. Robert Zupancis, property owner across the street, asked what off street parking concerns have been solved. Woodford said the condition addresses parking during construction as there is no on-site parking in this area. 10 Aspen City Councit Regular Meeting June 28,2004 Woodford noted this is addressed as a condition so the applicants will be prepared. Zupancis pointed out there is no on street parking along Gibson or South streets. Race and Walnut streets have no parking. Zupancis said he is concerned about these large houses and where all the cars will park. Zupancis said when there are parties, there will be no place for cars. The parking in this neighborhood has not been addressed. Zupancis said he does not feel a sidewalk on South street is needed. Tom Marshall said there should be reasons for changing lots in subdivisions. Neighbors have no input to what is getting built in their neighborhood. Marshall said the hearing notices do not explain the implications of changing lots to subdivisions. Hesselschwerdt agreed a sidewalk is not needed on South street. Hesselschwerdt agreed that chopping up large lots and allowing maximum build out is disconcerting. Loren Ryerson, chief of police, recommended a sidewalk go around the corner of Gibson and a crosswalk go to the north even if it doesn't go up South. Ryerson concurred a sidewalk along South is not necessary. Ryerson noted the lighting in this area has been a concern. Ryerson asked that the developers not fight with increased lighting Mayor Klanderud closed the public hearing. Haas stated the maximum build out of this property under zoning is 3 lots. The property is 22,000 square feet located in an R-6 zone, which would allow three 6,000 square foot lots. Haas said the city decided what the appropriate density was when they zoned this area. Haas said this is full subdivision, not subdivision exemption. Haas noted there are dimensional requirements and residential design standards with which they will comply or they will have public hearings on variances from these. Haas said wrapping the sidewalk around the corner would be a good solution and would eliminate the need for a sidewalk along South street. Haas said this project will meet the city's on-site parking requirements. Haas told Council the building orientation on site is not known; this will depend on where the access is. Councilwoman Richards said she would be willing to forego the sidewalk; however, would like the city to retain an easement to put a sidewalk on South street in the future. Councilwoman Richards said she is concerned about two different driveways. The lots should be laid out so that they can share a common driveway. This is a high traffic area and one driveway 11 Aspen Citv Council Reaular Meeting June 28,2004 coming out onto the street is preferable. Councilwoman Richards noted at the Mocklin subdivision, only one driveway was allowed. Councilwoman Richards said the allowable house sizes in the city may be too big. Councilman Semrau pointed out the neighbors do not think a sidewalk is warranted in this area. Councilman Paulson asked if this area is within the sidewalk master plan. Councilman Paulson said he has problems putting more sidewalks in than are necessary. Mayor Klanderud agreed sidewalks that dead end are not only annoying but are dangerous. Councilman Semrau moved to adopt Ordinance #16, Series of 2004, changing condition #4 to indicate that a common driveway to lot 1 and 2 must be provided to South street; that condition #5 is amended to state the applicant shall construct a sidewalk on Gibson including a wrap around the corner and that "the applicant sign an agreement for future sidewalk installations on South street at the sole discretion of the city"; seconded by Councilwoman Richards. Councilman Paulson asked if this fits within the sidewalk master plan and what Council discussed last year. Councilman Paulson said his recollection is that Council agreed the sidewalks were complete in this area. Councilwoman Richards reiterated is it important for safety to have one egress. Councilman Semrau noted when subdivisions are approved, curb cuts are minimized. The city is sensitive to driveways and to safety. Haas said in the subdivision process, an applicant can retain their existing rights within reason. They have rights to two driveways for two dwelling units. Haas said he would forego a third driveway; however, they have a right to two driveways. The applicants have agreed to a site triangle at the intersection and have agreed to a hammerhead turnaround on site. Worcester read from the subdivision standards noting that the city need not approve a subdivision that would be harmful to the health, safety or welfare of the residents of the subdivision and Council may require a single driveway or may deny the subdivision Roll call vote; Councilmembers Semrau, yes; Paulson, no; Richards, yes; Torre, no; Mayor Klanderud, yes. Motion carried. ORDINANCE #17, SERIES OF 2004 - MeGarvey Subdivision 12 DEVELOPMENT ORDER Of the City of Aspen Community Development Department This Development Order, hereinafter "Order", is hereby issued pursuant to Section 26.304.070, "Development Orders", and Section 26.308.010, "Vested Property Rights", of the City of Aspen Municipal Code. This Order allows development of a site-specific development plan pursuant to the provisions of the land use approvals, described herein. The effective date of this Order shall also be the initiation date of a three-year vested property right. The vested property right shall expire on the day after the third anniversary of the effective date of this Order, unless a building permit is approved pursuant to Section 26.304.075, or unless an exemption, extension, reinstatement, or a revocation is issued by City Council pursuant to Section 26.308.010. After Expiration of vested property rights, this Order shall remain in full force and effect, excluding any growth management allotments granted pursuant to Section 26.470, but shall be subject to any amendments to the Land Use Code adopted since the effective date of this Order. This Development Order is associated with the property noted below for the site-specific development plan as described below: South and Gibson Subdivision, c/o Gibson Avenue LLC (c/o William Boehringer, Manager),330 Park Avenue, Aspen, CO, 81611, 310-963-5007 Property Owner's Name, Mailing Address and telephone number Parcel of land situated in the South M of Section 7, Township 10 South, Range 84 West of the 6th Principal Meridian, Pitkin Countv, more fully described in the application, 805 South Avenue, Aspen, CO. Legal Description and Street Address of Subject Property Subdivision and GMOS Exemptions for subdivision of the existing lot into two lots Written Description ofthe Site Specific Plan and/or Attachment Describing Plan Ordinance No. 16-2004, Approved on 6/28/04 Land Use Approval(s) Received and Dates (Attach Final Ordinances or Resolutions) Julv 17,2004 Effective Date of Development Order (Same as date of publication of notice of approval.) Julv 17,2007 Expiration Date of Development Order (The extension, reinstatement, exemption from expiration and revocation may be pursued iii accordance with Section 26.308.010 of the City of Aspen Municipal Code.) th Issued this 8 day of July 2004, by the City of Aspen Community Development Director. 1- -l- 1.- . Juli~nn Woods, Community Development Director PUBLIC NOTICE Of DEVELOPMENT APPROVAL Notice is hereby given to the general public of the approval of a site specific development plan and the creation of a vested property right pursuant to the Land Use Code of the City of Aspen and Title 24, Article 68, Colorado Revised Statutes, pertaining to the following described property: A parcel of land situated in the South 14 of Section 7. Township 10 th South, Range 84 West of the 6 Principal Meridian, Pitkin County, more fully described in the file at the City o f Aspen Community Development Department, 805 South Avenue, Aspen, Co., by Ordinance of the Aspen City Council, numbered 16. For further information contact Scott Woodford at the Aspen/Pitkin Community Development Dept. located at 130 S. Galena St, Aspen, Colorado (970) 920-5102. s/City o f Aspen Account Published in The Aspen Times on July 17, 2004 ORDINANCE NO. li, (SERIES OF 2004) AN ORDINANCE OF THE ASPEN CITY COUNCIL APPROVING A SUBDIVISION FOR THE SOUTH AND GIBSON SUBDIVISION, LOCATED AT 805 SOUTH AVENUE, LEGALLY DESCRIBED IN ATTACHED EXHIBIT 1, CITY OF ASPEN, PITKIN COUNTY, COLORADO. Parcel ID: 2737-073-00-031 WHEREAS, the Community Development Department received an application from Gibson Avenue LLC (c/o William Boehringer, Manager), represented by Haas Land Planning, LLC for Subdivision approval and Growth Management Quota System (GMQS) Exemptions to subdivide the existing lot into two lots for the development of up to three primary dwelling units in accordance with the City of Aspen Land Use Code; and, WHEREAS, the Community Development Department received referral comments from the Aspen Consolidated Sanitation District, City Engineering, Parks, Zoning and Water Departments as a result of the Development Review Committee meeting; and, WHEREAS, said referral agencies and the Aspen Community Development Department reviewed the proposal for Subdivision and Growth Management Quota System (GMOS) Exemptions and recommended approval with conditions; and, WHEREAS, pursuant to Section 26.480 of the Land Use Code, Subdivision approval may be granted by the City Council at a duly noticed public hearing after considering recommendations by the Planning and Zoning Commission, the Community Development Director, and relevant referral agencies; and, WHEREAS, pursuant to Section 26.470 of the Land Use Code, GMOS Exemption approval may be granted by the Community Development Director and, because the requested GMQS Exemption complied with the applicable review criteria. the Director granted such approval for up to three units on the two proposed lots; and, WHEREAS, the Subdivision review by the Planning and Zoning Commission requires a public hearing and this application was reviewed at a public hearing where the recommendations of the Community Development Director and comments from the public were heard; and, WHEREAS, during a regular meeting on April 20, 2004. the Planning and Zoning Commission opened a duly noticed public hearing to consider the project and where, by a three to one (3-1) vote, recommended City Council approve the Subdivision, with the findings and conditions listed hereinafter; and, WHEREAS, the City of Aspen City Council finds that the development proposal meets or exceeds all applicable development standards and that the approval of the development proposal, with conditions, is consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS, the City of Aspen City Council reviewed and considered the development proposal at a public hearing on June 28,2004 and approved this Ordinance Con Second Reading) for Subdivision; and, WHEREAS, the City of Aspen City Council finds that this Ordinance furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE BE IT RESOLVED BY THE ASPEN CITY COUNCIL THAT: Section 1: The South and Gibson Subdivision is hereby approved, subject to the following conditions: 1. Prior to issuance of a building permit for either new lot: a. Park Dedication fees shall be paid for any additional bedrooms that are added above and beyond what currently exists on the site, as determined by the City Zoning Officer. b. Cash in lieu of school land dedication shall be paid. c. Mitigation shall be required in accordance with Section 26.470.070.B of the City of Aspen Land Use Code (if the applicant proposes to construct an accessory dwelling unit instead of paying the fee in lieu to satisfy this requirement, then the ADU shall be completed prior to issuance of a Certificate of Occupancy for the primary structure on that particular parcel). Documentation of the existing house's floor area must be submitted to the City Zoning Officer for review if a credit is to be used against any required payment of cash-in-lieu of an accessory dwelling unit (ADU). d. Any proposed new dwelling shall demonstrate compliance with the Residential Design Standards or any needed variances shall be obtained. e. An approved tree permit is required from the City Forester. An approved tree permit requires a proposed landscape plan identifying trees for removal and means of mitigation. f. An outdoor lighting plan for each residence shall be submitted. g. All tap fees, impacts fees, and building permit fees shall be paid. h. The private well for the existing house must be abandoned and a new municipal water service installed. 2. Prior to commencement of construction on either lot, a vegetation protection fence shall be erected at the drip line of each individual tree or groupings of trees remaining on site. There shall be no excavation, no storage of construction materials, backfill, equipment. tools or construction traffic inside of the protective fence. This fence must be inspected by the city forester or his/her designee before any construction activities are to commence. Submission of a construction management plan, including designation of off-street construction parking shall be required prior to issuance o f building permit. 3. The existing house need not be demolished to accommodate the newly created lot boundaries and the encroachments into the side yard setbacks may continue to exist for the life o f the original structure only. Upon redevelopment, all structures on these two (2) lots shall comply with the R-6 Zone District provisions with respect to the newly created lot boundaries and setbacks. The requirements of this condition shall be noted on the subdivision plat and in the Subdivision Agreement. 4. A common driveway shall be required for access to the lots and only one (1) curb cut shall be allowed. The applicant may take access from either South Avenue or Gibson Avenue; however, the driveway shall be placed as far as practicable from the South/Gibson Avenue intersection. A hammerhead driveway shall be constructed to allow cars to turnaround on-site and avoid backing onto the street. 5. The applicant shall construct a sidewalk, in compliance with City of Aspen Department of Engineering standards, for the entire portion of the property fronting Gibson Avenue. The applicant shall also construct a sidewalk partially along South Avenue to a point near the intersection of Gibson Avenue and South Avenue that the City Engineer determines is sufficient to allow safe pedestrian passage to the sidewalk on the north side of South Avenue. Prior to recording of the final plat, the applicant shall also sign a sidewalk agreement agreeing to fund the construction of a sidewalk along the entire South Avenue frontage at such time as the City decides to undertake such construction. 6. The subdivision plat shall show an easement for utilities, roadway and future sidewalks. Instead of multiple easements, a single ' non-exclusive common easemenf may be platted with appropriate plat notes. No structures or trees shall be placed in the easement without the permission of the City Engineer and applicable utilities. 7. Prior to the recordation of the subdivision plat, a design of the sidewalk and curb/gutter needs to be submitted to the City Engineer. (A sidewalk. curb and gutter design will allow the accurate depiction of the easement on the plat.) The curb location along Gibson Avenue will be dictated by the need for a 24-foot minimum street width. The design needs to include a site plan with adequate contours and spot elevations to demonstrate that gutter will have a 0.75% slope (minimum) towards a storm drain and show the extent of re-grading Gibson Avenue The sidewalk, curb and gutter along both lots shall be installed as part of the next building permit for either Lot 1 or Lot 2, whichever comes first. No final inspection or Certificate of Occupancy will be given until the sidewalk, curb and gutter is installed. 8. No proposed structure or landscaping over 30 inches tall shall be installed in a sight triangle located 30 feet within the Gibson/South St intersection. This site triangle shall be noted on the plat. 9. A subdivision agreement and plat shall be recorded in the office of the Pitkin County Clerk and Recorder within 180 days following City Council approval. 10. All uses and construction shall comply with the City of Aspen Water System Standards, with Title 25, and applicable portions of Title 8 (Water Conservation and Plumbing Advisory Code) of the Aspen Municipal Code as they pertain to utilities. 11. There shall be no further subdivision of Lot 2, the 15,079 square foot lot. This restriction shall not apply to condominiumizing two single-family dwelling units or a duplex constructed on the lot. 12. The applicant shall comply with Ordinance No. 25, Series of 1994 regarding the handling of any contaminated soils within the former Smuggler Superfund Site prior to any excavation on and/or prior to the application for building permits on both lots. All soils on Lots 1 and 2 shall be considered contaminated unless determined otherwise through testing that adheres to the protocols that were established by the Environmental Protection Agency pursuant to Ordinance No. 25, Series of 1994. If, pursuant to said testing protocols, the soils are found to be uncontaminated, the following requirements shall not apply. However, to the extent that any contaminants are discovered, the following requirements shall apply: a. All contaminated soils that are removed from the site shall be transported to the Pitkin County Landfill and disposed of at the Smuggler repository. Any disturbed soil or material that is to be temporarily stored above ground or remain on site shall be securely contained on and covered with a non- permeable tam or other protected barrier approved by the Environmental Ilealth Department so as to prevent leaching of contaminated material onto or into the surface soil and to prevent windblown dust from disturbed dirt. b. The owner and general contractor of any development on Lots 1 and 2 of the South and Gibson Subdivision shall submit a letter to the City of Aspen Environmental Health Department stating that they have read, understood, and will comply with the regulations for handling contaminated soils within the former Smuggler Superfund Site as set forth in Ordinance No. 25, Series of 1994 prior to any excavation and/or issuance of building permits for the property. c. The owner shall complete a Soil Removal Permit and Affidavit for excavation prior to any excavation or disturbance of dirt and prior to any issuance of building permits for the properties. 13. The applicant shall submit a dust suppression plan for approval by the City Environmental Health Department prior to any activity or development occurring on the site. All activity or development shall be accompanied by dust suppression measures such as the application of water or other soil surfactant to minimize the creation and release of dust and other particulates into the air. No dirt may be tracked onto paved roads without being immediately removed. 14. The applicant shall be required to test for soil contamination in the area where the previous owner stored an aboveground fuel tank. If the soils in said area are found to be uncontaminated, there shall be no further requirements. However, to the extent that any contaminants are discovered, the requirements of condition #11 (a) and (c), above, shall apply and the applicant shall be required to notify the future owner of the tank's existence. Section 2: 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 3: If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law. by the City th Council of the City of Aspen on this 25 day of May, 2004. ATTEST: Kathryn Koch, City Clerk Helen Kalin Klanderud, Mayor FINALLY, ADOPTED, PASSED, AND APPROVED this 28th day of June. 2004. ATTEST: Kathryn S. Koch, City Clerk Helen Kalin Klanderud, Mayor APPROVED AS TO FORM: John Worcester, City Attorney MEMORANDUM TO: Julie Ann Woods, Community Development Director FROM: Scott Woodford. City Planner RE: South and Gibson Subdivision GMQS Exemptions DATE: May 17,2004 SUMMARY: Gibson Avenue LLC (c/o William Boehringer, Manager), represented by Haas Land Planning LLC, has applied for an administrative Growth Management Quota System (GMQS) exemption in conjunction with the proposed South and Gibson Subdivision. The applicant is requesting to subdivide the property into two lots, demolish the existing single-family residence, and then redevelop the new lots with up to three (3) new residential units (a single-family dwelling unit on one lot and either a single-family. or two single-family dwelling units or one duplex on the other lot). The GMQS Exemption requested to accomplish this proposal is reviewed below: 1. LAND USE CODE SECTION 26.470.070.B (DETACHED SINGLE-FAMILY OR DUPLEX DWELLING UNITj Detached single-family or duplex dwelling unit. The following shall be exempt from the growth management scoring and competition procedures: 1) the construction of one or two detached residential units or a duplex dwelling on a lot that was subdivided or was a legally described parcel prior to November 14,1977, that complies with the provisions of Section 26.480.020(E), or 2) the replacement after demolition of one or two detached residential units or a duplex dwelling, or 3) the remodel or expansion of a single-family dwelling into a duplex dwelling. This exemption shall not be applied to any lot for which any other development allotment is currently being sought or is approved. This exemption shall not be deducted from the respective annual development allotments established pursuant to Section 26.470.050 or from the Aspen Metro Area development ceilings established pursuant to Section 26.470.030. Exemption review is by the Community Development Director. This exemption shall be granted only if the following standards are met. The applicant is requesting option 3) in the above GMQS Exemption to first be able to "remodel" the single-family residence into a duplex, in order to establish two (2) development rights on the site. However, the applicant wishes to use the extra development right for use in the subdivision and not to create a duplex. Instead of first physically converting the single-family into a duplex, the applicant has requested and received approval of an Interpretation of Title from the Community Development 1 Director, whereby the City agrees to recognize two inherent development rights oil a site large enough to accommodate a duplex - without first having to physically convert the single-family into a duplex. The City agrees that requiring this conversion into a duplex prior to it being demolished is a waste of resources and is unnecessary. Based on this decision, the applicant would then have two development rights on the site - one for the fathering parcel and one to transfer to the newly created parcel. The applicant plans to construct a single-family residence on the proposed 6,859 square foot lot because that is all the R-6 zone district will allow. On the other lot, the applicant is requesting that the exemption from Section 26.470.070.B be granted again. This parcel is proposed to be 15.079 square feet in size, so it could support a duplex per zoning however, the applicant only has one development right for use on this lot. 111 order to have the option of building something more than one single-family residence - such as two detached single-family residences or one duplex, as the zoning allows - the applicant requests the Director approve the above exemption again. The same argument applies: the applicant has the ability to build a single-family residence on this lot, then to convert it into a duplex, which would establish two development rights. Since an applicant has this right, staff finds it to be pointless to require the applicant to go through those stages iii order to be permitted the two development rights. Staff recognizes the ability of the applicant to have two development rights on this parcel. To qualify for the exemption. Section 26.470.070(B) requires that each newly constructed unit in the proposed subdivision provide employee housing mitigation in the form of one of the allowed mitigation options. This section of the Growth Management Quota System allows for an exemption from the GMQS scoring process provided that one of the following employee housing mitigation options is satisfied by the proposal: a. Providing an above grade, detached Accessory Dwelling Unit (ADU) pursuant to Chapter 26.520; or, b. Providing an Accessory Dwelling Unit authorized through Special Review to be attached and/or partially or fully subgrade, pursuant to Chapter 26.420; or, Providing an off-site Affordable Housing Unit within the Aspen Infill Area accepted by the Aspen/Pitkin County Housing Authority and deed restricted in accordance with the Aspen/Pitkin County Housing Authority Guidelines. as amended: or, d. Paying the applicable affordable housing impact fee pursuant to the Aspen/Pitkin County Housing Authority Guidelines. as amended: or. e. Recording a resident-occupancy (RO) deed restriction on the single-family dwelling unit being constructed. 2 STAFF COMMENTS: The applicant has consented in the proposal to satisfy one of the abovementioned employee housing mitigation options for each new unit that is constructed on the site at time of building permit. Therefore, staff finds that the review requirements have been met and recommends that the Community Development Director approve the proposed GMQS exemption, with the conditions of approval described herein. APPLICANT: Gibson Avenue LLC (c/o William Boehringer, Manager), represented by Haas Land Planning LLC LOCATION: Parcel of land situated in the South M of Section 7, Township 10 South, Range 84 West th of the 6 Principal Meridian, Pitkin County. more fully described in other documents: 805 South Avenue ZONING: R-6 (Medium-Density Residential) Zone District. REVIEW PROCEDURE: The requested GMQS exemptions may be approved by the Community Development Director, pursuant to Land Use Code Sections 26.470.070(B): Detached single-Â®mily or duplex dwelling unit. STAFF COMMENTS: Review criteria and Staff Findings have been included as Exhibit "A." RECOMMENDATION: Staff recommends the Community Development Director approve the requested the GMQS exemption for the South and Gibson Subdivision with the conditions established herein. APPROVAL: 1 hereby approve the GMQS exemptions to develop up to three (3) units on Lots 1 and 2 of the proposed South and Gibson Subdivision subject to the following conditions: 1. The applicant shall satisfy one o f the employee housing mitigation options as are set forth in Land Use Code Section 26.470.070(B); Detached single-family and duplex dwelling unit, for each of the new residential units to be constructed. Date Julie Ann Woods, Community Development Director 3 ACCEPTANCE: 1, as a person being or representing the applicant, do hereby agree to the conditions of this approval and certify the information provided in this application is correct to the best of my knowledge. Date Gibson Avenue LLC, William Boehringer, Manager ATTACHMENTS: Exhibit A -- Review Criteria and Staff Findings . 4 . Exhibit A Review Standards and Staff Findings: 26.470.070(B) Detached single-family or duplex dwelling unit. Single-family. hi order to qualify for a single-family exemption, the applicant shall have five (5) options: a. Providing an above grade, detached Accessory Dwelling Unit (ADU) pursuant to Chapter 26.520; or, b. Providing an Accessory Dwelling Unit authorized through Special Review to be attached and/or partially or fully subgrade, pursuant to Chapter 26.420; or. c. Providing ati off-site Affordable Housing Unit within the Aspen Infill Area accepted by the Aspen/Pitkin County Housing Authority and deed restricted in accordance with the Aspen/Pitkin County Housing Authority Guidelines, as amended; or, d. Paying the applicable affordable housing impact fee pursuant to the Aspen/Pitkin County Housing Authority Guidelines, as amended; or, e. Recording a resident-occupancy (RO) deed restriction on the single-family dwelling unit being constructed. Staff Finding: The applicant has colisented to providing one of the options for each of the units to be constructed. Staff finds this set of criteria to be met. 5 June 15,2004 TO: Aspen City Council FROM: Patti Kay-Clapper, 925-1990 218 Cottonwood Lane, Aspen RE: South and Gibson Subdivision 06/28/04 Public Hearing Comments In reviewing the 06/12/04 Public Notice regarding the above noted City of Aspen land use application. Ordinance No. 18 (2004), I would like to make the following coniments and requests for additional conditions of approval: 1. RE traffic generation/safety issues as a result of"up to 3 unit" development: This property is more than a "corner" lot as it is triangular in shape with Gibson Ave running along the length of the south side property line and South St running ' 1 along the length of the north property line. Both streets have significant traffic - Ordtte AlrÂ·*t~ numbers with South St having greater numbers including RFTA and ASD bus 60 9 3 use. Therefore, both driveways (the existing with increased use and the new driveway to Lot 1) need to be located and engineered with careful consideration to ingress/egress traffic and pedestrians/bike riders. 2. RE existing overhead electric lines: This approval needs to include a requirement - (4 *4 rE.<' -41*Â¥ that applicant (pay for) underground electric lines from Race Street to "Funky 44* Park" (in trailer court). And this needs to occur as part of the Smuggler Park under grounding project, which is currently taking place (if at all possible) 1, If 3. RE construction parking: A condition needs to be added regarding off street - Bact 1 7- parking of all construction vehicles as there is no parking (by City ordinance) allowed on either Gibson or South St. 4. RE diesel fuel: previous property owner had an above ground diesel fuel tank and the soil in this area should be tested for diesel contamination before soil is - Ce l<. tes.IÂ· A+ 6,~ disturbed and or removed. f 9(\,r- dbick noÂ¥4 f.k 6-5 44 24 -fÂ».fÂ»k . 5. RE City Ordinance No. 25 (1994): This ordinance known as Institutional Controls needs to be included as a condition of approval as this property is included within 4 -C Â«L L,e the Smuggler EPA Superfund Site and per the most recent site map this property contains soils with elevated lead levels (greater than 1,000ppm). r n. r r.4...6+0 04 5 9 Low .1 wdird , CaJâ€¢'trAA ' 4 1, Icsjr~ 11<4 w + 1 01 ltv {4-44~-lia (16% A CO.C. Ce r /1 ' Clvt f , 4 I,5, 61~ 7QI uÂ«6 l 1 120(01 Wees,louoll Gro,Â« 8 (6[ lir 4 91 6,7-111>ecul~ (694.2 ~ 01,Â·t Clualt-7 1, u,,0 C<1 6(i- SL' C cli rk,q- Ectdviu.xÂ©~ ~*Â£BH,kt (* {00 LiC{Art -t <Cm clÂ»1â‚¬ 161< c>..â‚¬-.ci'*~ -{'0(( c /tuc irc *91 276 ~ ke gise *9 k lit b~ 14410 Offt" : 1.(-,$6*Â« li?.lutj & lot M Z 3. 0 04644 4 6)/c~) crk,4 Corf<r , cl.H t~4~Â©AC re'li 4, LIN- aÂ£*ir 6 QA#J 04* 1-4+6 â‚¬-Â«1Â£*'A-UU. 40-44.4~ 24 1.-461-1C..7/ Alpt, 61 1 8. Â£3)J C~L~p j L /, 4 4 god 6, 4/ C q Â£6 3 /(2 / c 1 0 Â£.9 u.Jc .1-~) 1 t '. t $ 4/~ 9 1'' L ..l 14& Â·1 4 4 r V l. 0. ' /4,9 4,% C /2. J 415... 1 40.C 2 04 \ / ~M 1 k ' ' 1 r , d'~4 - + \2.5.,4, U . ' evAL ' IT ., 12. Applications shall be provided in paper format (number of copies noted above) as well as the text only on either of the following digital formats. Compact Disc (CD)-preferred, Zip Disk or Floppy Disk. Microsoft Word format is preferred. Text format easi ly convertible to Word is acceptable. 13. Copy of the homeowners association declarations. Disclaimer: The foregoing summary is advisory in nature only and is not binding on the City. The summary is based on current zoning which is subject to change in the future, and upon factual representations that may or may not be accurate. The summary does not create a legal or vested right. 0 HI 1 Ia,Th 1 g Ged) '{2010 Imi 4 9 6 ' Aid Mort kit,il 4 IW:<L 041(6 : tjÂ·A,~blv' (Itr <IEvAU,[,11.,r -4.\L- c Â°08<Tphl~ 441*1 /1'6 te'/j taccd<,a- olÂ· |Aek,(...6. 4J â‚¬1- FOWÂ·1 li.p,y*,69 (bACUR '4 T 0% r... 1 j. C iwl FrlÂ»61 1 Com.A 4 50.06, LI: 1 i><~<1 r on ~th Â£41 Â£6 0- k i ou; Clrer en 11~s- giÂ· 1 . raci -EUOalt EL . &2 4 54 04-1 4~r Nuu â‚¬Â·i L.At -10â€žÂ·Â·t cono,n + sv,f *73 Â£1 CL. FR 4:,11 3 00.Ao rA 4 (\D 6461.1Â» &1A 4 00 Â·. Â·All ~*Ad,a, Ao Â·~-ortll â‚¬Likcd :.. 944\ QcM* ok ~ C I V bul '2. h~' b A U C,Â·tiw f g:.uloUC (~d , 9 -1. 4(2 r.1 01 Â·~ aa .1 0 c~,~ 0J1.. - Q i 944 4 -Pau 2\*+1 343. fl'r<4 66,4 of g, 'fu,_y~I li - (5 w.lv 3 RESOLUTION 30. 11 (SERIES OF 2004) A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING COMMISSION RECOMMENDING CITY COUNCIL APPROVE A SUBDIVISION AND GROWTH MANAGEMENT QUOTA SYSTEM EXEMPTIONS FOR THE SOUTH AND GIBSON SUBDIVISION, LOCATED AT 805 SOUTH AVENUE, LEGALLY DESCRIBED IN ATTACHED EXHIBIT 1, CITY OF ASPEN, PITKIN COUNTY, COLORADO. Parcel ID: 2737-073-00-031 WHEREAS, the Community Development Department received an application from Gibson Avenue LLC (c/o William Boehringer, Manager), represented by Haas Land Planning, LLC for Subdivision approval and Growth Management Quota System (GMQS) Exemptions to subdivide the existing lot into two lots and utilize the development rights from the demolished single-family to redevelop the lots in accordance with the City of Aspen Land Use Code; and, WHEREAS, the Community Development Department received referral comments from the Aspen Consolidated Sanitation District, City Engineering, Parks, Zoning and Water Departments as a result of the Development Review Committee meeting; and, WHEREAS, said referral agencies and the Aspen Community Development Department reviewed the proposal for Subdivision and Growth Management Quota System (GMQS) Exemptions and recommended approval with conditions; and, WHEREAS, pursuant to Section 26.480 of the Land Use Code, Subdivision approval may be granted by the City Council at a duly noticed public hearing after considering recommendations by the Planning and Zoning Commission, the Community Development Director, and relevant referral agencies; and, WHEREAS, pursuant to Section 26.470 of the Land Use Code, GMQS Exemption approval may be granted by the Community Development Director; however, according to Section 26.304.060 of the Land Use Code, the applicant has agreed to combine this administrative review with the other land use approvals sought; and, WHEREAS, the Subdivision review by the Planning and Zoning Commission requires a public hearing and this application was reviewed at a public hearing where the recommendations of the Community Development Director and comments from the public were heard; and, WHEREAS, during a regular meeting on April 20, 2004, the Planning and Zoning Commission opened a duly noticed public hearing to consider the project and where, by a three to one Q - 1) vote, recommended City Council approve the Subdivision and GMQS Exemptions, with the fiiidings and conditions listed hereinafter; and, NOW, THEREFORE BE IT RESOLVED that the Planning and Zoning Commission recommends that the City Council approve the Subdivision and GMQS Exemptions for the property at 805 South Avenue, subject to the conditions listed iii Section 1 below. Section 1: The approval is subject to the following conditions: 1 Prior to issuance ofa building permit for either new lot: a. Park Dedication fees shall be paid for any additional bedrooms that are added above and beyond what currently exists on the site. b. Cash in lieu of school land dedication shall be paid. c. Any proposed new dwelling shall demonstrate their compliance with the Residential Design Standards. d. An approved tree permit is required from the City Forester. An approved tree permit requires a proposed landscape plan identifying trees for removal and means of mitigation. e. An outdoor lighting plan for each residence shall be submitted. f. All tap fees, impacts fees, and building permit fees shall be paid. g. The private well for the existing house must be abandoned and a new municipal water service installed. 2. Prior to commencement of construction on either lot, a vegetation protection fence shall be erected at the drip line of each individual tree or groupings of trees remaining on site. There shall be no excavation, no storage of construction materials, backfill, equipment, tools or construction traffic inside of the protective fence. This fence must be inspected by the city forester or his/her designee before any construction activities are to commence. 3. The existing house need not be demolished to accommodate the newly created lot boundaries and the encroachments into the side yard setbacks may continue to exist for the life of the original structure only. Upon redevelopment, all structures on these two (2) lots shall comply with the R-6 Zone District provisions with respect to the newly created lot boundaries and setbacks. The subdivision plat shall grant an easement to allow for the existing residence to be maintained across the new lot line and shall function for the life of the existing structure only. The existing house floor area shall be noted on the subdivision plat. 4. The driveway for Lot 1 (the corner lot) shall be placed as far as possible from the South/Gibson Avenue intersection. A hammerhead driveway on Lot 1 shall be constructed to allow cars to turnaround onsite and avoid backing onto the street. 5. The applicant shall construct sidewalks, in compliance with City standards for the portion of the property fronting Gibson Avenue and South Avenue. 6. The subdivision plat shall show an easement for utilities, roadway and future sidewalks. Instead of multiple easements, a single 'non-exclusive common easement' may be platted with appropriate plat notes. No structures or trees shall be placed in the easement without the permission of the City Engineer and applicable utilities. 7. Prior to the recordation of the subdivisio11 plat, a design of the sidewalk and curb/gutter needs to be submitted to the City Engineer. (A sidewalk, curb and gutter design will allow the accurate depiction of the easement on the plat.) The curb location along Gibson Street will be dictated by the need for a 24-foot ininimum street width. The design needs to include a site plan with adequate contours and spot elevations to demonstrate that gutter will have a 0.75% slope (minimum) towards a storm drain and sliow the extent of re-grading Gibson St. The sidewalk, curb and gutter along both lots shall be installed as part of the next building permit for either lot 1 or lot 2. No Certificate of Occupancy will be given until the sidewalk, curb and gutter is installed. 8. No proposed structure or landscaping over 30 inches tall shall be installed in a sight triangle located 30 feet within the Gibson/South St intersection. 9. A subdivision agreement and plat shall be recorded in the office of the Pitkin County Clerk and Recorder within 180 days following City Council approval. 10. All uses and construction shall comply with the City of Aspen Water System Standards, with Title 25, and applicable portions of Title 8 (Water Conservation and Plumbing Advisory Code) of the Aspen Municipal Code as they pertain to utilities. 11. There shall be no further subdivision of Lot 2, the 15,079 square foot lot. This restriction shall not apply to condominiumizing two single-family dwelling units or a duplex constructed on the lot. Section 2: This Resolution shall not effect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 3: If any section, subsection, sentence, clause, phrase, or portion of tlis resolution is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity o f the remaining portions thereof. APPROVED by the Commission at its regular meeting on April 20,2004. APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION: *'UALL Lift \ - A David Hoefer, Asst. C~ Attorney Jasmine Tygre, Chair ATTEST: AU.LU.,J O 1.-) 1*kie Lothian, beputy City Clerk 1: / MEMORANDUM TO: Mayor Klanderud and Aspen City Council THRU: Julie Ann Woods, Community Development Director 1 FROM: Scott Woodford, City Plannerbu -ND RE: SOUTH AND GIBSON SUBDIVISION, 2 READING, PUBLIC HEARING, SUBDIVISION; ORDiNANCE No. 16, SERIES 2004 DATE: June 28.2004 Photo oftlie subiect 1.: . 4/. 4.- - ~. e ZE. -1 property taken from the southern corner of the site looking north towards the existing house on the property. 1. ..4, . M 'Â·,~V" ~4 4 './Yi :...5 .21*~177236:-.2 . Ic:bama PROJECT: SOUTH AND GIBSON SUBDIVISION 3 REQUEST SUMMARY: Approval of a Subdivision to subdivide an existing lot into two lots and utilize the development rights from the lot to construct a single-family residence on the 6,859 sq. ft. lot and either a single-family. two single-family dwellings, or a duplex on the proposed ]5.079 sq. ft. lot (as all are allowed on lots ofthis size in the R-6 zone district). APPLICANT: Gibson Avenue LLC (c/o William Boehringer, Manager), represented by Haas Land Planning. LLC P&Z ACTION: Approval with conditions on 4/20/04 (3-1 to approve) Miiiutes attached ZONE DISTRICT: R-6 (Medium Density Residential) I -+ LIEGALDESCRIPTIONÂ·: Parcel of land situated iii the South M of Section 7. Township 10 South , iIi Range 84 West of the 6 Principal Meridian. Pitkin County, more fully described iii attached documents: 805 South Aveiiue STAFF APPROVAL OF THE SUBDIVISION WITH CONDITIONS RECOMMENDATION: SOUTH AND GIBSON STAFF REPORT PAGE 1 PROJECT SUMMARY: The proposal is to subdivide the existing 21,938 sq. ft. lot into two lots, with one 6,859 sq. ft. lot (Lot 1) and one 15,079 square feet lot (Lot 2). demolish the existiiig single- family house. then redevelop the lots. In accordance with the R-6 zone district standards , . of the Land Use Code, the applicant would have the right to construct only a single- Rr Â·r\ family residence on Lot 1 (as the Code requires at least 9,000 sq. ft. to support a duplex in R-6 zoning), but would have the option to construct one of the following on Lot 2: a.) one single-family residence, or b.) two detached_single-family residences. or c.) a duplex. The applicant lias not specified which type of dwelling unit they propose to build on the larger lot. Per the R-6 zone district standards. the allowed floor area on Lot 1 would be approximately 3,360 square feet, while Lot 2 would allow approximately 4,024 sq. ft. for YAL a single-family residence. or 2,022 sq. ft. per unit for two detached single-family residences. or 4,044 sq. ft. if they chose to construct a duplex. The applicant is not required to submit architectural designs for the proposed structures at -DÂ»~2*19. this point in the process: however, each structure will be required to comply with the City's Residential Design Standards. Compliance with those standards will be determined at time of building permit. Location for the driveway access for the proposed lots has not been determined, but the City Engineer will allow access to come off of either South or Gibson Avenues. The City JEAurLC Engineer has. however, stipulated that the driveway for Lot 1 shall be located as far away 4 lot\4 from tlie South and Gibson Avenues intersection as possible and that a hammerhead driveway be constructed on Lot 1 to allow vehicles exiting the lot to not back into the street. A sidewalk. along with curb and gutter will be constructed by the applicant. for the portion of the property fronting both Gibson Avenue and South Avenue (note: the 6'Juatt applicant plans to dispute the requirement for constructing a sidewalk along South Avenue, as they feel that a previous agreement between the property owner and the City absolves them of that responsibility - see Exhibit D iii the Application for copy of Settlement Agreement). SOUTH AND GIBSON STAFF REPORT PAGE 2 Photo of the edge of the applicants properly fionting * 3%03 7 ' South Avenue where the City 71 Milt 11511 1 4 , y ' ' - i -0 -4-,1 ,%-1, u ,0 71& 1- 1 / 11 11 i F,Â£. :4%4 Â· has requested the applicant , - construct a sidewalk with - *ILJ -1 curb aiid gutter. 11'* 1 ... â€¢ 11.. Â¥141.t.....1.74*El#201%3 1- *' /'~i -'.9//5*444.6 .#Jff . -Ill'Ti#./5/4 APPLICABLE LAND USE SECTIONS: Ill order to accommodate the above development request. the following land use approval is required: 1) SUBDIVISION: Section 26.480 of the Code states that subdivision review is required (of\,tO 4 when land is divided into two or more lots (Detailed discussion of this request follows later in the report and Staff Findings are attached in Exhibit A). Final Review juj"k Authority: City Council. NOTE: As part of this application, the applicant has also requested approval of a Growth ManagemeAt Quota System (GMQS) Exemption for construction of the proposed 6%64 Community Development Director. Prior to the City Council hearing, the applicant J dwelling units. Per Section 26.470.070.B of the Code, such exemption review is by the b./ -1,(t-il~Of requested that the Director approve the Growth Management Quota System (GMQS) Exemption for the project. The Director approved the request because it was found to be in compliance with the review criteria (which require the construction of an accessory dwelling unit or payment of cash in lieu --a-cohditibii--6-fipfroval--lias--been added requiring this). No further Council approval or action on this particular exemption is necessary ISSUES FROM FIRST READING: At First Reading, a Council member inquired about how many GMQS Exemptions have been approved by the Director and how the process for this application is different from the two lot proposal on the Chart House property submitted last year. There have been other applications that have separated the reviews of Subdivision and GMOS Exemption in the past. Recently, the Parkdale Subdivision included both a GMQS Exemption and a Subdivision. The applicant for that project requested that the GMOS Exemption portion of the application be administratively- approved (which the Code allows). so the Council only reviewed the Subdivision. In the case of the Cliart House. it was a lot split proposal and the Code required that the GMQS Exemption for Lot Splits be reviewed by City Council. which is why the Council reviewed both requests at the same time. Per Section 26.304.060B of the Code, an SOUTH AND GIBSON STAFF REPORT PAGE 3 applicant may request that the Director combine reviews when tliere is more than one development approval being sought. According to that Section, this is done in the interest of eliminating duplication and ensuring the economy of time, expense and clarity. Sometimes applicants make this request and, therefore, the P&Z and Council review all of the land use requests. Iii the case of the South and Gibson Subdivision. however. the applicant did not request that the reviews for Subdivision and GMQS Exemption be combined. This particular GMQS exemption has been in the Code since the Growth Management System was adopted in 1977. The cash in lieu option was added in 1990. During the course of that time. this exemption has always been an administrative approval. In fact, in most cases the exemption is approved administratively at time of building permit where there is no development approval associated with it (i.e. subdivision, etc.). As the developer is not pulling a building permit immediately on either lot, he wishes to establish the administrative GMOS exemption approval through this process for use when he does want to build. EXISTING CONDITIONS/BACKGROUND INFORMATION: The parcel currently contains one single-family structure that was constructed in 1974 and includes 3-4 bedrooins and two bathrooms. Two small sheds also exist on the property. Vehicular access to the attached garage is off of South Avenue. The site is essentially flat with several trees located around the perimeter of the site. There are several public improvements on the property without easements, including an underground electric line along the west property line, electric vault. portion of the Gibson Avenue roadway. and a fii-e hydrant. The City has requested that easements be dedicated for these improvements or that they be moved from the property into the right- of-way. The applicant is working with Holy Cross Electric regarding the easement for the electric line. which may need to be moved from where it currently encroaches into Lot 1 to under the proposed sidewalk along Gibson Avenue, so lhat the proposed easement does not interfere with the building envelope. Condition #5 in the attached Ordinance requires dedication of an easement if utilities remain on the subject property and are not moved into tlie right-of-way. SOLJ 11-1.AND GIBSON STAFF REPORT PAGE 4 1, ':.. i. , 117,~:Stâ‚¬-Ni Photo ofthe Gibson Avenue . - lillil property frontage where the 42 A '*SyÂ·*-014 underground electric line runs ..2,+re.9Â·tÂ·:4#24: 3,194 '#~.9 without an easement. The c>34%725 #' 1 ' 9,2,12'r-Ust~Joilka.'4 1.,5.....'...'7:.i".::f.-Â·34.> area to the right of the trees is ., Irt ..4.. a +Â·Â·Â·Â·'Â· the location for the sidewalk 43~~-' 4-* -r that the applicant will install with curb and gutter. 1 1 4, 91 1 4 ~.m 21*2% , ..3 -17= 1 --/4 I Al ' 1 4 11/1 ..U,f!?r Â· t 443 I.,- 9.-234'~9.Â». . I ,.0 I ... Background information that is pertinent to this application includes a 1995 dispute between the property owner and the City about whether or not the City had the rights to a portion of the subject property along South Avenue for right-of-way purposes. At the time, a portion of South Avenue encroached onto the applicant's properly. The City's position was that the area that South Avenue encroached onto the property had either been previously conveyed to the City by the owner, or the City had the right to use the property through adverse determination. A settlement ofthe issue was eventually reached whereby the owner quiet titled to the City the area of the parcel in question for use as public roadway. sidewalk, underground utilities or drainage facilities, or other public improvements. As part of the agreement. the property owner is allowed to enjoy use of the conveyed portion of property to the extent that it does not interfere with the above described public improvements. In addition, the settlement specifies that the owner is allowed to utilize the original square footage of the property for the purposes of fioor area calculation for future applications (the Settlement Agreement can be found 'tin attached Exhibit D). SFAFF COMMENTS: SUBDIVISION: Staff has reviewed all of the subdivision criteria in Exhibit A and have found the request to comply with all of the applicable criteria. DEVELOPMENT REVIEW C0A1MITTEE (DRC) REFERRAL COMMENTS: The DRC meeting was held on March 10.2004. The comments from that meeting are attached in Exhibit B. STAFF SUMMARY AND RECOMMENDATION: Staff recommends approval of a Subdivision for the South & Gibson Subdivision, with conditions as put forth in the attached resolution. 32{10(1 t .Aftl fwic r jj.-v 1 - SOUTH ANI) GIBSON STAFF REPORT PAGE 5 RECOMMENDED MOTION: "I move to approve Ordinance No. , Series of 2004, for Subdivision for South & Gibson Subdivision." ATTACHMENTS: Exhibit A Staff Findings - Subdivision Exhibit B: Referral (DRC) Comments Exhibit C: P&Z Minutes Exhibit D: Settlement Agreement City Manager Comments: SOUTH AND GIBSON STAFF REPORT PAGE 6 ORDINANCE NO. 1&, (SERIES OF 2004) AN ORDINANCE OF THE ASPEN CITY COUNCIL APPROVING A SUBDIVISION FOR THE SOUTH AND GIBSON SUBDIVISION, LOCATED AT 805 SOUTH AVENUE, LEGALLY DESCRIBED IN ATTACHED EXHIBIT 1, CITY OF ASPEN, PITKIN COUNTY, COLORADO. Parcel ID: 2737-073-00-031 WHEREAS, the Community Development Department received ali application from Gibson Avenue LLC (c/o William Boehringer. Manager). represented by Haas Land Planning. LLC for Subdivision approval and Growth Management Quota System (GMQS) Exemptions to subdivide the existing lot into two lots for the development of up to three units in accordance with the City of Aspen Land Use Code; and. WHEREAS, the Community Development Department received referral comments from the Aspen Consolidated Sanitation District. City Engineering, Parks, Zoning and Water Departments as a result of the Development Review Committee meeting: and. WHEREAS, said referral agencies and the Aspen Community Development Department reviewed the proposal for Subdivision and Growth Management Quota System (GMOS) Exemptions and recommended approval with conditions; and, WHEREAS, pursuant to Section 26.480 of the Land Use Code, Subdivision approval may be granted by the City Council at a duly noticed public hearing after considering recommendations by the Planning and Zoning Commission, the Community Development Director, and relevant referral agencies; and, WHEREAS, pursuant to Section 26.470 of the Land Use Code. GMQS Exemption approval may be granted by the Community Development Director and. because the requested GMQS Exemption complied with the applicable review criteria, the Director granted such approval for up to three units on the two proposed lots: and, - WHEREAS. the Subdivision review by the Planning and Zoning Conimission requires a public hearing and this application was reviewed at a public liearing where the recommendations of the Comniunity Development Director and comments from the public were heard; and. WHEREAS, during a regular meeting on April 20. 2004, the Planning and Zoiiing Commission opened a duly noticed public hearing to consider the project and where. by a three to one (3-1) vote, recommended City Council approve the Subdivision, with the findings and conditions listed hereinafter: and, -1 - WHEREAS, the City of Aspe11 City Council finds that the development proposal meets or exceeds all applicable development standards and that the approval of the development proposal. with conditions, is consistent with the goals and elements of the Aspen Area Community Plan; and. WHEREAS, the City of Aspen City Council reviewed and considered the development proposal at a public hearing on June 28,2004 and approved this Ordinance Con Second Reading) for Subdivision; and. WHEREAS, the City of Aspen City Council finds that this Ordinance furthers and is necessary for the promotion o f public health. safety, and wel fare. NOW, THEREFORE BE IT RESOLVED BY THE ASPEN CITY COUNCIL THAT: Section 1: The South and Gibson Subdivision is hereby approved, subject to the following conditioiis: 1. Prior to issuance of a building permit for either new lot: a. Park Dedication fees shall be paid for any additional bedrooms that are added above and beyond what currently exists on the site. as determined by the City Zoning Officer. b. Cash in lieu of school land dedication shall be paid. c. Mitigation shall be required in accordance with Section 26.470.070.B of the City of Aspen Land Use Code. d. Any proposed new dwelling shall demonstrate their compliance with the Residential Design Standards. e. An approved tree permit is required from the City Forester. An appi-oved tree permit requires a proposed landscape plan identifying trees for removal and means of mitigation. f. An outdoor lighting plan for each residence shall be submitted. g. All tap fees. impacts fees. and building permit fees shall be paid. h. The private well for the existing house must be abandoned and a new municipal water service installed. 2. Prior to commencement of construction on either lot. a vegetation protection fence shall be erected at the drip line of each individual tree or groupings of trees remaining on site. There shall be no excavation. no storage of construction materials, backfill. equipment, tools or construction traffic inside of the protective fence. This fence must be inspected by the city forester or his/her designee before anv construction activities are to commence. -8- 3. The existing house need not be deinolislied to accommodate the newly created lot boundaries and the encroachments into the side yard setbacks may continue to exist for the life of the original structure only. Upon redevelopment. all structures on these two (2) lots shall comply with the R-6 Zone District provisions with respect to the newly created lot boundaries and setbacks. The subdivision plat shall grant an easement to allow for the existing residence to be maintained across the new lot line and shall function for the life of the existing structure. only. The existing house floor area shall be noted on the subdivision plat. 4. The driveway for Lot 1 (the corner lot) shall be placed as far as possible from the South/Gibson Avenue intersection. A hammerhead driveway on Lot 1 shall be constructed to allow cars to turnaround onsite and avoid backing onto the street. 5. The applicant shall construct sidewalks. in compliance with City standards for the portion of the property fronting Gibson Aveiiue and South Avenue. 6. The subdivision plat shall show an easement for utilities, roadway and future sidewalks. Instead of multiple easements. a single 'non-exclusive common easement' may be platted with appropriate plat notes. No structures or trees shall be placed in tile easement without the permission of the City Engineer and applicable utilities. 7. Prior to the *cordation of the subdivision plat, a design of the sidewalk and curb/gutter needs to be submitted to the City Engineer. (A sidewalk, curb and gutter design will allow the accurate depiction of the easement on the plat.) The curb location along Gibson Street will be dictated by the need for a 24-foot minimum street width. The design iieeds to include a site plan- with adequate contours and spot elevations to demonstrate that gutter will have a 0.75% slope (minimum)towards a storm drain and show the extent of re-grading Gibson St. The sidewalk. curb and gutter along both lots shall be installed as part of the next building permit for either Lot 1 or Lot 2. whichever comes first. No final inspection or Certificate of Occupancy will be given until the. sidewalk, curb and gutter is installed. 8. No proposed structure or landscaping over 30 inches tall shall be installed in a sight triaiigle located 30 feet within the Gibson/South St intersection. This site triangle shall be noted on the plat. 9. A subdivision agreement and plat shall be recorded in the office of the Pitkin Couiity Clerk and Recorder within 180 days following City Council approval. 10. All uses and construction shall comply with the City of Aspen Water System Standards. with Title 25. and applicable portions of Title 8 (Water Coiiservatioii -9- and Plumbing Advisory Code) of the Aspen Municipal Code as they pertain to utilities. 11. There shall be no further subdivision of Lot 2. the 15.079 square foot lot. This restriction shall not apply to condominiumizing two single-family dwelling units or a duplex constructed on the lot. Section 2: This Ordinance shall not effect any existiiig litigation and shall not operate as ali abatement of aiiy action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 3: lf any section. subsection, sentence. clause, phrase. or portion of this Ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction. such portion shall be deemed a separate. distinct and independent provision and shall not affect the validity of the remaining portions thereof. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City th Council of the City of Aspen on this 25 day of May. 2004. ATTEST: Kathryn Koch. City Clerk Helen Kalin Klanderud, Mayor FINALLY, ADOPTED, PASSED, AND APPROVED this 28th day of June, 2004. ATTEST: Kathryn S. Koch. City Clerk Helen Kalin Klanderud. Mayor APPROVED AS TO FORM: John Worcester. City Attorney Attachments: Exhibit 1 (Legal Description of Property) -10- ALTA OWNER'S POLICY EXHIBIT â€¢* 1 A parcel of land situated in the South one-half of Section 7, Township 10 South, Range 84 West 1~ of thÂ¢ Sixth Principal Meridian, Pitkin County, Colorado being more fully described as follows: Beginning at a point whence Comer 22 of Tract A, East Aspen Additional Townsite bears South fril 44Â° 35'50' " East 3.91 feet: thence North 65Â°03'32"" East 7.45 feet; thence 51.50 feet along the arc of a non-tangent curve to the left the radius of said curve being 741.97 feet. the chord of said curve bears South 89Â°It'14'"' Ea* 51,49 feet: thence North 84Â°23'24"" East 143.54 feet to a point ill on the Northerly boundary of the Smuggler Mobile Home Park: thence Southcasterly along said boundary, South 37Â°11'41"" West 60,04 feet; thence North 4.08 feet; thence South 29Â°03'05"" m West 102.32 feet; thence North 61Â°48'00 // West 7.00 fcet to a point on the Easterly boundary of Parcel No. 1 as described in instrument recorded in Book 488 at Page 205, Pitkin County records; J thence South 29Â°34'00"' West 108.00 feet along said Easterly boundary to the Northeasterly boundary of Gibson Ave. as constructed and ill place; thence 165.06 feet along the arc of a curve ,- to the left having a radius of 940.00 feet, the chord of said curve bears North 20Â°30'55'" West 164.85 fect; thence 37.34 feet along the arc of a curve to the right, the radius of said curve being 220.00 feet, (the long chord is North 11Â°54'45"" West 37,29 feet; thence 19.40 feet along thÂ¢ arc of a curve to the right, the radius of said curve being 37.60 feet, (the long chord North 30Â°45'32"" East 19.19 feet to the Point ofBeginning. COUNTY OF PITKIN, STATE OF COLORADO. STEWART TITLE GUARANTY COMPANY maimaamaa. EXHIBIT A STAFFFINDINGS: SUBDniSION The Definitions section (26.104.100) of the Land Use Code explains that subdivision approval is required whenever leasehold interests will be transferred. Section 26.480.050 states that a development application for subdivision review shall comply with the following standards and requirements: A. General Requirements. a. The proposed subdivision shall be consistent with the Aspen Area Community Plan (AACP). STAFF FINDING: DOES IT COMPLY? YES The future land use map in the AACP shows the subject site as "Residential". Therefore, the proposal to subdivide the existing lot into two single-family lots is in compliance with the future direction of the AACP. The project is also generally consistent with the applicable policies and goals of the AACP. The applicable elements of the AACP include locating residential development within the town limits, close to the commercial core and transit stops, and the provision of affordable hcjusing in the form of an on-site accessory dwelling unit or payment of cash in lieu. b. The proposdd subdivision shall be consistent with the character of existing land uses in the area. ST.AFF FINDING: DOES IT COMPLY? YES - The proposed subdivision will be consistent with the character of the gurrounding area. which is currently made up of a variety of different residential uses from mobile homes to single-family and duplex residences. to apartments. c. 1 lie proposed subdivision shall not adversely~ affect the future development of surrounding areas. STAFF FINDING: DOES IT COMPLY? YES Staff believes that this development will not adversely affect the future development of tlie area because all development is internal to the site. does not encroach onto neighboring properties. and does not impact the public streets. d. The proposed subdivision shall be in compliance with all applicable requirements of tliis Title. - 11 - STAFF FINDING: DOES ir COMPLÂ¥? YES All applicable requirements. including with the zoning requirements of the R-6 zone district are proposed to be met. B. Suitability of Land for Subdivision. a. Land Suitability. The proposed subdivision shall not be located on land unsuitable for development because of flooding drainage, rock or soil creep, mudflow. rockslide, avalanche or snowslide. steep topography or any other natural hazard or other condition that will be harmful to the health. safety, or welfare of the residents in the proposed subdivision. STAFF FINDING: DOES IT COMPLY? YES The site is essentially flat in grade and located far away from any adjacent natural impacts. The existing house on the site has apparently not experienced any negative impacts iii its lifetime. b. Spatial Pattern Efficient. 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. STAFF FINDING: DOES IT COMPLY? YES Staff believes that the subdivision has been designed to avoid all of the above spatial patterns. C. Improvements. The improvements set forth at Chapter 26.580 shall be provided for the proposed subdivision. These standards may be varied by special review (See. Chapter 26.430) if the following conditions have been met: 1. A unique situation exists for the development where strict adherence to the subdivision design standards would result in incompatibility with the Aspen Area Community Plan, the existing, neighboring development areasi and/or the goals of the community. STAFFFINDING: DOES IT COMPL)'? N/A No variations are proposed to the subdivision design standards. 2. The applicant shall specify each design standard variation requested and provide j ustification for each variation request. providing design recommendations by professional engineers as necessary. STAFF FINDING: DOES IT COMPLY? N/A No variations are proposed to the subdivision design standards. - 12 - D. Affordable Housing. A subdivision which is comprised ofreplacement dwelling units shall be required to provide affordable housing in compliance with the requirements of Chapter 26.520. Replacement Housing Program. A subdivision which is comprised of new dwelling units shall be required to provide affordable housing in compliance with the requirements of Chapter 26.470. Growth Management Quota System. STAFF FINDING: DOES IT COMPLY? YES The standards of Chapter 26.520. Replacement Housing Program, are not applicable because there is no replacement housing involved (said provision 01ily applies to niulti-family structures and does not apply to deniolition of single-family homes). Appropriate mitigation will be required and provided in accordance with Section 26.070.070.B of tlie Aspen Land Use Code. E. School Land Dedication. Compliance with the School Land Dedication Standards set forth at Chapter 26.630. Applicability. School land dedication standards shall be assessed upon all new subdivisions within the City of Aspen which contain residential units. An applicant may make a cash payment in-lieu of dedicating land to the City. or may make a cash payment in combination with a land dedication, to comply with the standards of this Section. This section of the subdivision regulations requires the dedication of land or the payment of an iii-lieu fee for each new residential unit in a subdivision. Â·' STAFF FINDING: DOES IT COMPLY? YES Cash in lieu of School land dedication is proposed and will be requirdd to be paid by the applicant prior to issuance of building permit. - 13- EXHIBIT B DRC MINUTES MEMORANDUM ro: Development Review Committee From: John Niewoehiier, Community Development Engineer, DRC Caseload Coordinator Date: March 10. 2004 Re: 3/10/04DRC Minutes: Gibson and South Subdivision Attendees: Scott Woodfori Case Planner - Community Development Department Nick Adeh. Engineering Department John Niewoehner, Community Development Department Phil Overeynder, Water Department Tom Bracewell, Sanitation District Jerry Nye. Streets Department Ed VanWalraÂ·Ven, Fire Department Sarah Oates: Zoning Officerrs Brian Flynn, Parks Department Mitch Haas, Planner for Applicant At the March 10. 2004, the Development Review Committee reviewed the following project: South St. and Gibson St. Subdivision - The proposal is to subdivide an existing 21.938 sf lot into two lots - - one lot with 6,859 sf and 15,079 sf. Currently the utilities and part of Gibson Street pavement encroach onto the property. As part of the subdivision, the City seeks to establish easements for the utilities, roadway. and future sidewalk. DRC COMMENTS Engineering and Streets: 1. Access: The driveway for lot 1 (the corner lot) should be placed as far as possible from the South/Gibson intersection. A hammerhead driveway on lot 1 shall be constructed to allow cars to turnaround onsite and avoid backing onto the street. - 14 - 2. Easements: The subdivision plat must show an easement for utilities. roadway and future sidewalk. Instead of multiple easements. a single ' non-exclusive common easement' can be platted with appropriate plat notes. No structures or trees can be placed in the easement without the permission of the City Engineer and applicable utilities. 3. Sidewalk. Curb and Gutter Design: Prior to the recordation of the subdivision plat. a design of the sidewalk and curb/gutter needs to be submitted to the City Engineer. (A sidewalk. curb and gutter design will allow the accurate depiction of the easement on the plat.) The curb location along Gibson Street will be dictated by the need for a 24-foot miiiinium street width. The design needs to include a site plan with adequate contours and spot elevations to demonstrate that gutter will have a 0.75% slope (minimum) towards a storm drain and show the extent of re- grading Gibson St. The sidewalk, curb and gutter along both lots shall be installed as part oftlie next building permit for either lot 1 or lot 2. No Certificate of Occupancy will be given until the sidewalk, curb and gutter is installed. 4. Survey Monuments: A new survey is required for the subdivision plat. Both lots must be fully monumented with property pins at the lot coriiers. 5. Site Distance: No proposed structure or landscaping over 30 inches tall shall be installed in a sight triangle located 30 feet within the Gibson/South St intersection. 6. Drainage: The building permit application needs to include a drainage and erosion controlÂ· prepared by a professional engineer. Parks Department 1. Tree Removal: An approved tree permit is required prior to approval o f the building permit. An approved tree permit requires a proposed landscape plan identifying trees for removal and means of mitigation. Please contact the City Forester for more information 920-5126. 2. Tree Protection: A vegetation protection fence shall be erected at thedrip line of each individual tree or groupings of trees remaining on site. There will be no storage of construction materials, backfill. tools or construction traffic inside of the protective fence. There is no excavation or disturbance of the native area inside of the protective fence. This fence must be inspected by the city forester or his/her designee (920-5126) before any construction activities are to commence. No excavation. storage of materials. storage of construction backfill, storage of equipment. foot or vehicle traffic allowed within the drip line of any tree on site. Fire Department Nothing at this time Sanitation District Separate Sewer Services: The existing sewer service may be able to serve one oftlie two lots. A shared sewer service will not be allowed. Each lot needs its own service. 2. ACSD Standards: Service is contingent upon compliance with the District's rules. regulations, and specifications. which are on file at the District office. -15- Water Dept: 1. Water Taps: The current building (lot 2) is served by a private well. Prior to awarding building permit for either lot lor lot 2. the well for the existing house must be abandoned and a new municipal water service installed 2. City Standards Compliance: All uses and construction will comply with the City of Aspen Water System Standards, with Title 25, and applicable portions of Title 8 (Water Conservation and Plumbing Advisory Code) of the Aspen Municipal Code as they pertain to utilities. Zoning: 1. Lighting: Outdoor Lighting must conform to Lighting Code. 2. Existing Structure: The documentation of the existing house floor area must be submitted as part of the subdivision plat. - 16 - AH{B\TC- ASPEN PLANNING & ZONING COMMISSION Minutes APRIL 20,2004 ~)*Â·~ proposed construction parking, which shall demonstrate that except for essential trade trucks, no other Milor)& personal trucks are to be parked in die area around the site. The Cily encourages that site workers be s huttled infrom die airport parking area. g) A Geolechnical Repoil and stitdy perfbrnied by a Colorado licensed Civil Engineer demonstrating how the required excavation of the site niay be perfbrmed without damaging adjacem slructures and/or properties. This study shall include a defailed description offhe slope stabilization and erosioil comrol techniques to be used during construction. If the applicam zitilizes soil pins to stabilize excavalion cuts, the applicant shall be required to provide a financial assurance in an amount 10 be delermined by the Community Developmem Engineer. The City Engineering Department strongly prefers tlial the Applicants use soil hardening lechniques rather than soil pills to stabilize the excavation cuts. h) A drainage and erosion control plan, prepared by a Colorado licensed Civil Engineer, which maintains sedimem and debiÂ·is ()11-site during and after construction. If a ground recharge system is required, a soil pei'colation report will be required to coirectly size the facility. Siltfencing shall be incorporated into the erosion comrol plan. A 2-year storni.frequency should be used in designing any drainage improvements. Tlie drainage plan shall demonstrate that there will be no increase in the sites hisforic runuffas a result of the new residence, i) A letter.from the primary contractor to ihe Commwilly Development Director stating thal the conditions of approval have been read and undersmod. 4) The Applicant shall provide a new. individual sanitary sewer rein:ice line to serve the proposed residence. The new service line shall nieet the standaids of the Aspen Consolidated Sanitation District. Sanitary sewer service is contingent ilpon compliance with the Aspen Consolidated Sunilation Dislric, 'srules. regulations, and specifications. 5) The Applicam shall install a new water service line to the residence that meets lhe requirements oj the City of Aspen Water Department and provides sufficient water pressure m serve the residential water needs and the fire sprinkler system fhat is required by the Fire Marshal. If the water line is to be shared wilh other residences, the Applicam shall sign a common water service line agreement and the residence shall have an individual water meier. The Applicant shall abandon the existing water service line al the main prior to niaking a new connection. 6) Prior to issuance ofa building permit, all tapÂ·fees, impacts-Res, and building permit.fees shall be paid. Ifan alternative agreement m delay payment of the Water Tap and/or Parks Impact fees pertaining m this properti; is finalized as part of the Residences at Little Nell Final PUD project, thosefees shall be payable according to such agreement. 7) The Applicgm shall abide by all noise ordinances. Construction activity M limiled to the hours between 7 a. m. and 7 p. m, Monday through Saluiday. 8) All uses and construction will comply with the City of Aspen Water System Standards and with Title 25 and applicable portions of Title 8 (Water Conservation and Plumbing Advisory Code) ofthe Aspen Municipal Code as they pertain to litilities. 9) All exlel'101 lighling shall meel the City of Aspen Lighting Code requirements set forih in-Land Use Code Section 26.575.150, as maybe amended from time jo time. 10) Two (2) q#-slreet parking spaces designated for use by the residence on Lol 4 ophe Tipple Woods Subdivision shall be maintained on the adjacent Tipple Woods Lodge properly or a Cily approved parking alternative shall be enacted iii conjunction with the construclion Of t.lie Residences at Little Nellor the Tippler Townhomes that will provide two (2) offstreet parking spaces within the City thaf are m be designatedfor use by the single-family residence on Lot 4, of f he Tipple Woods Subdivision. Seconded by Brandon Marion. Roll call vote: Johnson, ves; Marion, yes: Haneman, yes: Tygre, yes. APPROVED 4-0. * PUBLIC HEARING: SOUTH AND GIBSON SUBDIVISION AND GMOS EXEMPTIONS Jasmine Tygre opened the public hearing for subdivision and GMOS Exemptions for South and Gibson. David Hoefer said the notice, publication and posting were provided. Scott Woodford presented the information on the project for a subdivision and GMQS Exemption dividing one 21,938 square foot lot into 2 lots; one at 6,859 square feet the other at 15,079 square feet. The first lot would have a single-family residence and the second lot would support two single-family residences or a duplex. 6 ASPEN PLANNI 17<J & ZONING COMMISSION lyl inutes APRIL 20,2004 Mitch Haas, planner for the applicant, stated there was a strip of land that runs along South Avenue that was deeded to the city for a sidewalk right-of-way; the area still counts for development rights on this property even through it can't be built on. Haas said at this point it was just a proposed lot line subdivision so the entrances from the streets were not yet determined. Haas noted there were utility lines on the property, which would need to be moved to an easement and there was pavement from Gibson Avenue on this property and not in the right-of-way; there was a condition for an easement to cover all of these nuances. Haas said that he and John Niewoehner, city engineer and Libby hom Holy Cross Electric have been working together on these easements. Woodford stated the city engineer wanted the driveways either on South or Gibson but as far as possible from the intersection; a hammerhead turnaround was requested for the larger lot nearer to Smuggler Park so there wouldn't be cars backing out into the street. Woodford said there was a proposed sidewalk along Gibson Avenue and the city was requesting a sidewalk on South as well, which was controversial with the applicant and city. Woodford said there were 2 GMQS exemptions were for the reconstruction credits for two units. The development rights for the property after subdivision would be a single- family with an ADU or cash-in-lieu on lot 1 and a duplex or 2 single family residences on lot 2 with an ADU or cash-in-lieu. Hoefer stated that the proposal was legal under the code in that zone district. Allgaier stated that "exempt" didn't mean that you were exempt from mitigatjng. This was a way to eliminate the step o f actually having to build the duplex and tear it down in order to gain the unit of density that was allowed. Haas said that the applicant actually had a building permit for a duplex for the square footage and then he would have torn it down. Hoefer explained that P&ZÂ·had to legally approve the subdivision and was basically signing offonthe GMQS exemption. -Â·Woodford stated that the applicant has the option to consolidate; the GMQS requires only P&Z or the community development director approval and the subdivision requires P&Z and Council approval. Tygre said that she was confused about the difference between lot split and subdivision; she asked ifthere were different development rights with lot splits and subdivisions. Woodford replied that there were no changes in the development rights between a lot split or a subdivision. Haas responded the growth management for lot splits were only available in the original town site; they were not eligible for a lot split. Haas said the subdivision carries exactions that a lot split doesn't. Tygre stated that usually roads and access were included in the subdivision review and asked why it wasn't part ofthis application. Woodford replied the engineering department had site lines for the intersection and the minimum distance from the intersections. Allgaier added that it was a two-lot subdivision bordered by roads on two sides with good access for fire, all the health, safety and welfare requirements; there were conditions as to where the access ASPEN PLANNING & ZONING COMMISSION Minutes APRIL 20,2004 points could be limited and during the building permit process they will go through the same kind ofreview process with engineering. Tygre asked ifthe applicant or council decided if ADUs were built or was cash-in-lieu provided. Woodford replied in order to qualify for the single-family exemption the applicant shailliave the option ofproviding a deed restricted RO ADU or fee-in-lieu. Allgaier responded that at the time of building permit they would decide if there was an ADU or fee-in-lieu. Haas stated that in residential development the applicant had the choice of exemptions if there were mitigation requirements it was then up to the Growth Management, P&Z and or Council but this was not a mitigation. Johnson asked ifthis subdivision were approved and it moves onto City Council for approval then no one else but Sarah Oates would see where on the lots the houses would be placed. Allgaier replied the Zoning Officer and every other referral agency would review; i f they walk in and meet the regulations, do the mitigation, pay the impact fees then they obtain a building permit. Haas noted that they rely on the zoning to tell the applicant where and how big buildings can or can't be and residential design standards. Public Comments: 1. Doug Allen, public, said after hearing Jasmine he thinks that there is a problem in the system; this gets divided into a subdivision without hearing all the issues and the next thing that happens is the access becomes a placement problem. 2. David Oaks, public, manager of Smuggler Park Subdivision, asked if this remained a single lot what can legally be built. Woodford responded two single-family residences or a duplex. Oaks said that the subdivision grants the right to build a third home in that area. Woodford said that was correct but not to increase the buildable square footage. Oaks stated concern for the water and electric to this subdivision because currently that lot operates on a well and to connect to the city water system would require them to trench across South Street and up to Race Street or trench into the new Smuggler Park Water system. Oaks said it was the same with electric; there was one transformer box that was retrenched last year and goes through his yard. Oaks also had a height concern because Smuggler Park has placed height limits of 15 feet. Woodford said the height limit in the area was 25 feet. David Oaks stated the sidewalk wasn't needed on South Street. 2 9*'.- 1 Robert Zupancis, public, stated that he lived diagonal from this property. Zupancis asked what the requirement was for off-street parking for the scenario of a single family and a duplex. Haas replied assume that they will be more than one bedroom units so there would be two parking spaces on site per unit. Zupancis stated the traffic was a problem and there was no parking on either side South Street or Race Street and one side of Gibson and Walnut. Zupancis asked if some of the city land could 8 ASPEN PLANNI 17 CI & ZONING COMMISSION lilinutes APRIL 20,2004 be used for snow storage rather than the sidewalk being placed; lie wasn't sui-e the sidewalk was needed. Marion asked if a more comprehensive plan was needed because ofthe questions from the public raised about the water, electric and sidewalks. Woodford replied ther e was a Development Review Committee (DRC), which consists ofthe city engineer, water, electric, housing, parks and all the interested parties to give their technical review and the city water and electric issues were brought up at that DRC meeting. Haas responded to the electric question and explained the location of an existing a Holy Cross Electric vault with a stubbed line onto the property. Haas said that the Water Department didn't see a problem making the water connection to city water and the well would be abandoned and those water rights would go to the city. Haas said that if the lot wasn't subdivided a duplex or 2 single-family homes could be built without any review from P&Z because the setback and dimensional requirements were set in place; the access questions would be brought up at building permit. Tygre asked for clarification on the side yards and front yards and what the setbacks were for these lots. Haas replied that there were combined side yard setbacks and a minimum side yard would be a minimum of 15 feet with a total o f 30 feet combined. Johnson said that he had a hard time understanding the application and now knows why because he hasn't segn anything like this review before; he requested tabling so that he could do his due diligence on the review process. Tygre asked ifthere was more information needed from staff or the applicant. Johnson replied that he couldn't formulate all the questions that he had because he didn't understand it sufficiently. Haneman stated that he would draw a distinction between acceptance and understanding; he said that he could understand what was happening but he was having difficulty accepting it. Marion stated in the interest o f clarification he provided an example of his lot split, which gave different options but the first step was to split the lot and fit it into the existing codes. Marion said when he sold the lot he couldn't say if the buyer would do their due diligence in terms of setbacks and historic significance. Marion said in this subdivision case the commission was just approving the cutting the lot into one-third and two-thirds portion and the applicant would have to deal with the parking, ingress and egress issues, which makes this proposal simpler to deal with. Marion stated whatever the applicant does with the property will end up in the existing code requirements and the commission was just granting the right to use the big piece of property to have another piece of density. Marion said when he walked the property he focused on the density ofthe area and lie concluded that one more piece of density would not be adverse with Smuggler Park and surrounding duplexes. Hoefer stated that you end up 9 ASPEN PLANNING & ZONING COMMISSION Minutes APRIL 20,2004 with two legally conforming lots. Johnson said that he understood they have to conform to the Zoning but that wasn't his issue; he didn't understand the need for the interpretation when the community development directors could have signed off on it. Allgaier explained that there was no mystery to the exemption and it was common for community development to package reviews for the planning commission to see the whole picture. Johnson said that was his issue that he did not understand this and he didn't think that anything said tonight would help his issues tonight; he said lie wanted to review the information and the code. Haneman said they had to go from single-family to duplex and then demolish and have the right for two development rights; does it make any difference iii light of this subdivision whether there was a house on this property at all, if it was a vacant 21,938 square foot lot would this still go forward with the rights for a single family on one and a duplex on the other. Woodford said that they would have the right to build a duplex. Haas replied that the code interpretation was ifthey had to build the duplex and tear it down to get the right to build the two-single family homes or duplex on one lot. Johnson commented that the code language that you must build it to tear it down was odd; he asked ifthis wasn't an issue prior to this review. Tygre said that many ofthe surrounding properties were R-15, which wouldn't be a problem but this one was zoned R-6. Tygre stated that the code is what it is and the commission has to go by the findings ofthe criteria.although the criteria do not address this application; although Tygre said she had problems with the application Tygre stated that it fulfilled the requirements of R-6. Allgaier stated that this was a simple parceling of land and the commission was used to seeing complicated PUD land use reviews. The commission agreed to add a condition that no further subdivision occur on Lot 2 but it could be condoniniumized. MOTION: Brandon Marion moved to approve Resolution #13, series of 2004 for subdivision and GMQS Exemptionfor South & Gibson Subdivision with thefollowing conditioils. 1. Prior m issuance of a building permit.for either new 101: a.) Park Dedicat ion fees shall be paid for any additional bedrooms thal are added above and beyond what currently exists on die sile. b.) Cash in lieu of school land dedicalion shall be paid. c.) Any proposed new dwelling shall demonsliÂ·ate dieir compliance wilh the Residenlial Design Standards. d.) An approved tree permit is required,from the Cio; Forester. An approved treepermit requires a proposed landscapeplan identifying trees 12)rremoval and means (4 miligation. e.) An outdoor lighting plail fi)r each residence shall be submitted. f.) All tal),fees, impacts fees, and building permitfees *shall be paid. g.) The private well for the existing house must be abandoned and a llc 11 ' municipal water service installed. 2. Prior m commencement Ofconstruction on either 101, a vegelation protection.fence shall be erected 21*.- m the drip line of each individual iree or groupings of trees remaining on sile. There shall be no excavation, }10 ,storage of coristruction materials. backfill, equipment, tools or construction tranic niside of the projective jence, Thisfence must be inspected by the city fbrester or his/her designee before any construction activities are to commence. 3. The existing house need 1101 be demolished m accommodate die nell 'A ' created lot boundaries and the encroachmems imo die side yard setbacks may cominue m exist for the lifb of the original structure only. Upon redevel<)pment. all slructures oil these nvo (2) lots shall comply with the R-6 Zone District provisions with respect to the newly created lot boundaries and selbacks. The subdivision plal shall gram an easement to allow for i lie existing residence to be maintained across the new lot line and shallfunctionfor the life ofthe existing 10 ASPEN PLANNI 1 I /1 & ZONING COMMISSION ..1 inutes APRIL 20,2004 snÂ·i.icmre only The existing house floor areashall be notedon the subdivision plat. 4. The drivewarfor Lot 1 (the corner lot) shall be placed as far as possible from the South/Gibson Avellue intersection. A hammerhead driveway on Lot 1 shall be constructed to allow cars to turnaround onsite and avoid backing 01110 dle street. 5. The applicant shall construd sidewalks, in compliance with City standards for the portion ofthe propertv fronting Gibson Avenue and South Avenue. 6. The subdivision plat shall show an easementÂ®r utilifies, roadway andfuture sidewalks. Inslead ofmultiple easenients, a single 'non-exclusive common easement' may belilcmed 11'ith appropriate plat notes. No structures or trees shan be placed in the easemem willioul dle permission of the City Engineer and applicable utilities. 7. Prior m the recordation offhe subdivision plat. a design of ihe sidewalk and curb/gutter needs to be submitted to the City Engineer. (A sidewalk, curb and gutter de.sign will allow fhe accurate depiction of the easement on the plat.) The curb location along Gibson Street will be diciated by the needÂ®r a 24-Â®01 mininium sti#eet width. The design needs m include a site plan with adequale comours and spot elevations m demonstrate that gutter will have a 0.75% slope Oninimum) mwards a slorm drain and show the extent of re-grading Gibson St. The sidewalk, curb aiid gutter along both lols shall be installed as pail 01 the next building permifforeither lot 1 orlot 2. No Certificale ofOccupancy will be given until lhe sidewalk. curb and gutter is installed. 8. No proposed structure or landscaping over 30 inches tall shall be installed in a sight triangle located 30 feet within the Gibson/Soulh St intersection. 9. A subdivision agreement and plat shall be recorded in the oj.lice ofthe Pitkin County Clerk and RecoiÂ·der within 180 days.following Cio; Council approval. 10. All u,ses and construction shall comply wil h the City of Aspen Water System StandaiÂ·ds,Â· with Title 25, and applicable portions of Title 8 (Water Conseivalion and Plumbing Advisory Code) of t.he Aspen Municipal Code as they pertain to utilities. There shall be 110 further subdivision of Lot 2, the 15,079.square.foot lot. This restriction sliall 1101 apply to condominiumizing two single-family did?elling units or a duplex constructed on the lot. Seconded by Roger Haneman. Roll call: Johnson, no; Haneman, yes: Marion, yes; Tygre, yes. APPROVED 3-1. PUBLIC HEARING: MUGARVEY SUBDIVISION - 433 WEST BLEEKER STREET Jasmine Tygre opened the public hearing for the MeGarvey Subdivision at 433 West Bleeker. David Hoefer stated that an affidavit was provided with proof of notice and posting. Scott Woodford stated that the applicant requested a subdivision and GMQS exemption to subdivide the existing lot into two single-family lots. Lot sizes are 6,000 square feet and 7500 square feet; the only option was to build single-family 1-esidences. Woodford utilized blueprints and drawings to show the existing lot line and proposed lot line, which goes through the existing house. The existing access to the house is offof Fourth Street. Woodford said there were two development rights; to satisfy the exemptions they will have to provide ADUs or pay the cash-in-lieu. There will be some credits for the existing house; the timetable for reconstruction is 5 years from demolition unless an extension is granted by city council (memo page 5 #2.d.). Mitch Haas, representative for the applicant JNM Bleeker Street, stated this was like a lot split but wasn't because there was a provision in the lot split standards that ifthe property has ever been subdivided before then it could not be a lot split but had to be a subdivision. The first subdivisionwas done in 1981 or 1982. The subdivision does not add any density to the lots; it will take the Fourth Street access away and the alley will 11 Â»rgtrp - 'Â»ENaff *1 RESOLUTION NO.~ | Series of 1995 A RESOLUTION OF THE. CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, -' APPROVING A SETTLEMENT STIPULATION IN THE MATTER OF STANLEY E. LAURISKI, ET AL. V RUTH C BISEL, ET AL., CIVIL ACTION NO. 93 CV 259-3, IN THE DISTRICT COURT OF PITKIN COUNTY, COLORADO, AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID SETTLEMENT STIPULATION ON BEHALF OF THE CITY OF ASPEN, COLORADO. WHEREAS, there has been submitted to the City Council a Settlement Stipulation in the matter of Stanley E. Lauriski, et al. v Ruth C. Bisel, et al., Civil Action No. 93 CV 259-3, District 1 Court for Pitkin County, Colorado, a true and accurate - copy of which is attached hereto as Exhibit "A"; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ASPEN, 1 COLORADO: i i That the City Council of the City of Aspen hereby approves f III 11: that Settlement Stipulation, and does hereby authorize the City Manager to execute 'said agreement on behalf of the City of Aspen. INTRODUCED, READ AND ADOPTED by the City Council of the City of Aspen on the gj~~ day Of dieÂ·50â‚¬31,43> 4 1995. 72Â· Qi 13- John S. Bennett, Mayor I, Kathryn S. Koch, duly appointed and acting City Clerk do certify that the foregoing is a true and accurate copy of that , 1 -4 resolution adopted by the City Council of the City of Aspen, dc'*-- Colorado, at a meeting held on the day hereinabove stated. ' 17-0 Â»4 - /La/U -41 Katltrryn S. Koch, City Clerk lauriski.res 44: 4 ~1., 1.-w.a.li..â€¢'..'t,Â«-4...4.?Â·Â·~44Â·44;$,A'4*~1~*Uâ€¢*iâ‚¬d*414.ti'041*i'i*331. ... Â·:i,. id#*4'.ARÂ»pr;'%4~**Â¥'*i#%*R*tit* DISTRICT COURT, COUNTY OF PITKIN, STATE OF COLORADO #2 Case No. 93 CV 259-3 SETTLEMENT STIPULATION , STANLEY E. LAURISKI, a/k/a STANLEY E. LAURESKI, AND ROSE MARIE LAURISKI, a/k/a ROSE MARIE LAURESKI, Plaintiffs, V. RUTH C. BISEL; RUTH BISEL; WILLIAM H. LOUGHRAN; CITY OF ASPEN, COLORADO; COUNTY OF PITKIN, COLORADO; and all unknown persons who claim any interest in the subject matter of this action, Defendants. Plaintiffs, Stanley E. Lauriski, a/k/a Stanley E. Laureski, and Rose Marie Lauriski, a/k/a Rose Marie Laureski; and defendant, the City of Aspen, a municipal corporation, including John Bennett and his successors in office, as Mayor of the City of Aspen, and defendant, the County of Pitkin, Colorado, hereby stipulate as follows: WHEREAS, the parties hereto comprise and constitute all of the known parties to this action; and WHEREAS, the City of Aspen, asserts ownership of a portion of the real property described in the complaint; and WHEREAS, the City of Aspen and the County of Pitkin, are satisfied that Plaintiffs have a valid claim of ownership of a portion of the real. property described in the complaint, by reason of previous deeds of conveyance and adverse possession for a period in excess of eighteen (18) years pursuant to Section 38-41-101(1) of the Colorado Revised Statutes; and WHEREAS, the parties hereto mutually desire to settle this action in the manner hereinafter set forth, and such settlement has been approved and authorized by resolution of the City Council of the City of Aspen, Colorado, at a meeting thereof duly called and held on O:IMBER 23 , 1995, and the Board of County Commissioners of Pitkin County, Colorado, at a meeting thereof duly called and held on DECEMPEE. l k, 1995 . 1 NOW, THEREFORE, plaintiffs, Stanley E. Lauriski, a/k/a Stanley E. Laureski, and Rose Marie Lauriski, a/k/a Rose Marie Laureski, r, ,-4 and defendants, the City of Aspen and the County of Pitkin, by their respective attorneys, stipulate and agree as follows: 1. The title to the real property described in the attached -Exhibit A, which property is a part of the property described in the complaint, may be quieted in plaintiffs, Stanley E. Lauriski, a/k/a Stanley E. Laureski, and Rose Marie Lauriski, a/k/a Rose Marie Laureski. 2. For purposes of any future application by plaintiffs or their successors for a development order, as defined in Section 3- 101 of Chapter 24 of the Municipal Code of the City of Aspen as such section exists at the time of this stipulation and as may be amended in the future, the property described in Exhibit A shall be deemed to have an area of 22,882 square feet. 3. Title to the real property described in the attached Exhibit B, which property is a part of the property described in the complaint, may be quieted in the City of Aspen subject to the non-exclusive reserved right of plaintiffs, Stanley E. Lauriski, a/k/a Stanley E. Laureski, and Rose Marie Lauriski, a/k/a Rose Marie Laureski, and their successors in interest, to use, occupy, and enjoy said property except to the extent that the City of Aspen shall undertake construction of a public roadway, sidewalk, underground utilities or underground drainage facilities or other public improvements. 4. Title to the real property described in the attached Exhibit C, which property is a part of the property described in the complaint, may be quieted in the City of Aspen. 5. All parties hereto shall bear their own costs,.expenses, and attorneys' fees in this action. 6. Pursuant to the foregoing, a decree quieting title in the form attached hereto as Exhibit D may be entered by the Court. Dated this-ZOTH day of DOS1418 EL , 1995. TADDUNE & GUEST . THE CITY OF ASPEN . 4, /116Â® Paul J. Taddune, 010824 JohY<92 20610 323 West Main Street 130 South Galena Street Aspen, Colorado 81611 Aspen, Colorado 81611 (970) 925-9190 (970) 920-5055 Attorneys for Plaintiffs Attorney for City of Aspen -1 3,134~2~-~ i -1/Â«7> Sanara N. Stuiler, #0509 Johii M. Ely ,~ityrb 67Â· 106 South Mill Street, #202 AttorneyMP the County of Aspen, Colorado 81611 Pitkin (970) 920-1018 530 E. Main Street - ~ Aspen, Colorado 81611 (970) 920-5190 -LEG@~E~KeÂ·-- a 4 rÂ« 7 1 EXHIBIT A A parcel of land situated in the South one-half of Section 7, Township 10 South, Range 84 West of the Sixth Principal Meridian, Pitkin County, Colorado, being more fully described as follows: Beginning at a point whence Corner 22 of Tract A, East Aspen Additional Townsite bears South 44 Degrees 35 Minutes 50 Seconds East 3.91 feet; thence North 65 Degrees 03 Minutes 32 Seconds East, 7.45 feet; thence 51.50 feet along the arc of a non-tangent curve to the left, the radius of said curve being 741.97 feet, the chord of said curve bears South 89 Degrees 11 Minutes 14 Seconds East, 51.49 feet; thence North 84 Degrees 23 Minutes 24 Seconds East, 143.54 feet to a point on the northerly Boundary of the Smuggler Mobile Home Park; thence southeasterly along said Boundary, South 37 Degrees 11 Minutes 41 Seconds West, 60.04 feet; thence NORTH, 4.08 feet; thence South 29 Degrees 03 Minutes 05 Seconds West, 102.32 feet; thence North.61 Degrees 48 Minutes 00 Seconds West, 7.00 feet described in the instrument recorded in Book 488 at Page 205, to a point on the easterly Boundary of Parcel No. 1, as Pitkin County Records; thence South 29 Degrees 34 Minutes 00 Seconds' West, 108.00 feet along said easterly Boundary to the northeasterly Boundary of Gibson Ave. as constructed and in place; thence 165.06 feet along the arc of a curve to the le ft having b a radius of 940.00 feet, the chord of said curve bears North 20 Degrees 30 Minutes 55 Seconds West, 164.85 feet; thence 37.34 feet along the arc of a curve to the right, the I radius of said curve being 220.00 feet, (the long chord is North 11 Degrees 54 Minutes 45 Seconds West, 37.29 feet; thence 19.40 feet along the arc of a curve to the right , the - radius of said curve being 37.60 feet, (the long chord North 30 Degrees 45 Minutes 32 Seconds East, 19.19 feet to the Point of Beginning. The description describes a Parcel of 21,937.92 square feet I more or less. 1 - --- / h 06 3 latitÂ£ EXHIBIT B A parcel of land situated in Section 7, Township 10 South, Range 84 West of the Sixth Principal Meridian, City of Aspen, Pitkin County, Colorado and being more fully described as follows: Commencing at Corner 22 of Tract "A", East Aspen Additional Townsite; thence North 52 Degrees 49 Minutes 43 Secohds East, 17.40 feet to a point on the back surface of the existing concrete curb and gutter as constructed and in place on the southerly side of South Avenue, the TRUE POINT OF BEGINNING; thence southeasterly along said back surface of the curb and gutter the following 6 courses; southeasterly 41.54 feet along a non-tangential curve to the left, the radius of said curve being 736.97 feet, (the Long chord is South 89 Degrees 33 Minutes 40 Seconds East, 41.54 feet); thence North 85 Degrees 06 Minutes 12 Seconds East, 32.91 feet; thence North 83 Degrees 50 Minutes 43 Seconds East, 42.91 feet; thence Nbrth 84 Degrees 21 Minutes 51 Seconds East, 36.77 feet; thence North 84 Degrees 26 Minutes 36 Seconds East, 28.50 feet; thence North 82 Degrees 46 Minutes 45 Seconds East, 6.85 feet to a point on the northwesterly boundary of :the Smuggler Mobile Home Park; thence along said Smuggler Mobile Home Park boundary South 37 Degrees 11 Minutes 41 Seconds West, 7.03 feet; thence South 84 Degrees 23 Minutes 24 Seconds West, 143.54 feet to the beginning of a curve; thence 51.50 feet northwesterly along a curve to the right, the radius of said curve being 741.97 feet, (the long chord is North 89 Degrees 11 Minutes 14 Seconds West, 51.49 feet); thence North 65 Degrees 03 Minutes 32 Seconds East, 10.87 feet to the TRUE POINT OF BEGINNING. The description describes a parcel of 943.466 square feet more :c-*:7- or less. l EXHIBIT C A parcel of land situated in Section 7, Township 10 South, Range 84 West of the Sixth Principal Meridian, City of Aspen, Pitkin County, Colorado and being more fully described as follows: Commencing at Corner 22 of Tract "A", East Additional Townsite; thence North 52 Degrees 49 Minutes 43 Seconds East, 17.40 feet to a point on the back surface of the existing concrete curb and gutter as constructed and in place on the southerly side of South Avenue, the TRUE POINT OF BEGINNING; thence North 65 Degrees 03 Minutes 32 Seconds East, 22.09 1 feet; thence North 84 Degrees 20 Minutes 00 Seconds East, 179.22 feet; thence South 37 Degrees 11 Minutes 41 Seconds West, 15.93 feet to a point on the back surface of the existing concrete curb and gutter as constructed and in place on the southerly side of South Avenue; thence southwesterly along said curb and gutter back surface the following 6 courses; South 82 Degrees 46 Minutes 45 Seconds West, 6.85 feet; South 84 Degrees 26 Minutes 36 Seconds West, 28.50 feet; South 84 Degrees 21 Minutes 51 Seconds West, 36.77 feet; South 83 Degrees 50 Minutes 43 Seconds West, 42.91 feet; South 85 Degrees 06 Minutes 12 Seconds West, 32.91-feet to the ~, thence 41.54 feet northwesterly along a curve to the right, beginning of a curve; the radius of said curve being 736.97 feet, (the long chord is I North 89 Degrees 33 Minutes 40 Seconds West, 41.54 feet), curve terminating at the TRUE POINT OF BEGINNING. The description describes a parcel of 2,145.30 square feet more or less. 1 I - MEMORANDUM TO: Mayor Klanderud and Aspen City Council THRU: Julie Ann Woods, Community Development Directâ‚¬~~ FROM: Scott Woodford, City PlannerO)C RE: SOUTH AND GIBSON SUBDIVISION, ET READING, SUBDIVISION; ORDINANCE No. % , SERIES 2004 DATE: May 25,2004 Photo of the subject .4. 1 -property taken from the 3Â· *IMS,4.3/.j Â· 21/01:il southern corner ofthe Â¢4 K . . /4.0.1.tr'. Â§ - - site looking north t f:, 9. tikÂ·:331MR).73= 6; .<.'.1.1 . .1, ..18/--ijill/"fl/ towards the existing house on the property. r j i ty -LD %)----- 1./ jÂ· I ~ IMPE'... - P..2151,T~'49 4? r. . 19.- :-: ... ..5 9:Â·~-t'.3..~L,â€žÂ·mict*_5 PROJECT: SOUTH AND GIBSON SUBDIVISION REQUEST SUMMARY: Approval of a Subdivision to subdivide an existing lot into two lots and utilize the development rights from the lot to construct a single-family residence on the 6,859 sq. ft. lot and either a single-family, two single-family dwellings, or a duplex on the proposed 15,079 sq. ft. lot (as all are allowed on lots of this size in the R-6 zone district). APPLICANT: Gibson Avenue LLC (c/o William Boehringer, Manager), represented by Haas Land Planning, LLC P&Z ACTION: Approval with conditions on 4/20/04 0-1 to approve) Minutes attached ZONE DISTRICT: R-6 (Medium Density Residential) LEGAL DESCRIPTION: Parcel of land situated in the South M of Section 7, Township 10 South , Range 84 West of the 6tll Principal Meridian, Pitkin County, more fully described in attached documents; 805 South Avenue STAFF APPROVAL OF THE SUBDIVISION WITH CONDITIONS RECOMMENDATION: SOUTH AND GIBSON STAFF REPORT PAGE 1 I . 1,31. h. PROJECT SUMMARY: The proposal is to subdivide the existing 21,938 sq. ft. lot into two lots, with one 6,859 sq. ft. lot (Lot 1) and one 15,079 square feet lot (Lot 2), demolish the existing single- family house, then redevelop the lots. In accordance with the R-6 zone district standards of the Land Use Code. the applicant would have the right to construct only a single- family residence on Lot 1 (as the Code requires at least 9,000 sq. ft. to support a duplex in R-6 zoning). but would have the option to construct one of the following on Lot 0* al one single-farnily residence, or b.) two detached single-family residences, or c.) ~ duplex. The applicant has not specified which type of dwelling unit they propose to build on the larger lot. Per the R-6 zone district standards, the allowed floor area on Lot 1 would be approximately 3,360 square feet, while Lot 2 would allow approximately 4,024 sq. ft. for a single-family residence, or 2,022 sq. ft. per unit for two detached single-family residences or 4,044 sq. ft. if they chose to construct a duplex. The applicant is not required to submit architectural designs for the proposed structures at this point in the process; however, each structure will be required to comply with the City's Residential Design Standards. Compliance with those standards will be determined at time of building permit. Location for the driveway access for the proposed lots has not been determined, but the City Engineer will allow access to come off of either South or Gibson Avenues. The City Engineer has, however, stipulated that the driveway for Lot 1 shall be located as far away from the South and Gibson Avenues intersection as possible and that a hammerhead driveway be constructed on Lot 1 to allow vehicles exiting the lot to not back into the street. A sidewalk, along with curb and gutter will be constructed by the applicant, for the portion of the property fronting both Gibson Avenue and South Avenue (note: the applicant plans to dispute the requirement for constructing a sidewalk along South Avenue, as they feel that a previous agreement between the property owner and the City absolves them of that responsibility - see Exhibit 5 in the Application for that agreement). SOUTH AND GIBSON STAFF REPORT PAGE 2 t%*Ne 340 Photo ofthe edge of the 1 2 applicants property fronting 1 6 South Avenue where the City ' .,1 has requested the applicant construct a sidewalk with curb and gutter. 0. - , : ...... :...1,1.4,4 1- el . PX' 0 - ~4922(tht I tr - 14.Â· 4 - 4 . APPLICABLE LAND USE SECTIONS: In order to accommodate the above development request, the following land use approval is required: 1) SUBDIVISION: Section 26.480 of the Code states that subdivision review is required when land is divided into two or more lots (Detailed discussion of this exemption follows later in the report and Staff Findings are attached in Exhibit A). Final Review Authority: City Council. NOTE: As part of this application, the applicant has also requested approval of a Growth Management Quota System (GMQS) Exemption for construction o f the proposed single-family and/or duplex dwelling units (Section 26.470.070.B Growth Management Quota System Exemptions). Per the Code, such exemption can be approved administratively by the Community Development Director. Prior to the City Council hearing, the Director approved the Growth Management Quota System (GMQS) Exemption. No further approval or action on this particular exemption is necessary. EXISTING CONDITIONS/BACKGROUND INFORMATION: The parcel currently contains one single-family structure that was constructed in 1974 and includes 3-4 bedrooms and two bathrooms. Two small sheds also exist on the property. Vehicular access to the attached garage is off of South Avenue. The site is essentially flat with several trees located around the perimeter o f the site. There are several public improvements on the property without easements, including an underground electric line along the west property line, electric vault, portion of the Gibson Avenue roadway, and a fire hydrant. The City has requested that easements be dedicated for these improvements or that they be moved from the property into the right- of-way. The applicant is working with Holy Cross Electric regarding the easement for the electric line, which may need to be moved from where it currently encroaches into Lot 1 to under the proposed sidewalk along Gibson Avenue, so that the proposed easement does not interfere with the building envelope. Condition #5 in the attached Ordinance requires SOUTH AND GIBSON STAFF REPORT PAGE 3 dedication of an easement if utilities remain on the subject property and are not moved into the right-of-way. ... :45*3/ 4 1 1 .46.1-14 -d Photo of the Gibson Avenue ....Â·.: 0,? :!3*'2'~ . I. 4-1-i~. . ty i.42*.-r~y ti.ift~.....41'.,.16'*2..~'4419~ property frontage where the underground electric line runs '7: ~c,;muâ‚¬t #: ,Â·Â·~Â·U:i' "' '9?F (Â·.Â·AM..1 area tothe right ofthe trees is Ilillilli,*2'413*1dltifigillNRnltilW:*<Millihillid/kill"B 1~r**V,ftli~ that the applicant will install '4=.0 with curb and gutter. 111 - A 1 -~- -- . ;Plk- 41 " 4 '*'-. - ...: ..~=49*9: - i:, Â·- ., - - .t~-70,934.liâ‚¬.1 7.trate . Background information that is pertinent to this application includes a 1995 dispute between the property owner and the City about whether or not the City had the rights to a portion of the subject property along South Avenue for right-of-way purposes. At the time, a portion of South Avenue encroached onto the applicant's property. The City' s position was that the area that South Avenue encroached onto the property had either been previously conveyed to the City by the owner, or the City had the right to use the property through adverse determination. A settlement of the issue was eventually reached whereby the owner quiet titled to the City the area of the parcel in question for use as public roadway, sidewalk, underground utilities or drainage facilities, or other public improvements. As part of the agreement, the property owner is allowed to enjoy use of the conveyed portion of property to the extent that it does not interfere with the above described public improvements. In addition, the settlement specifies that the owner is allowed to utilize the original square footage of the property for the purposes o f floor area calculation for future applications (the Settlement Agreement can be found in Exhibit 5 of the Application) STAFF COMMENTS: SUBDIVISION: Staff has reviewed all of the subdivision criteria in Exhibit A and have found the request to comply with all of the applicable criteria. DEVELOPMENT REVIEW COMMITTEE (DRC) REFERRAL COMMENTS: The DRC meeting was held on March 10, 2004. The comments from that meeting are attached in Exhibit B. SOUTH AND GIBSON STAFF REPORT PAGE 4 STAFF SUMMARY AND RECOMMENDATION: Staff recommends approval of a Subdivision for the South & Gibson Subdivision, with conditions as put forth in the attached resolution. RECOMMENDED MOTION: "I move to approve Ordinance No. , Series of 2004, for Subdivision for South & Gibson Subdivision." ATTACHMENTS: Exhibit A Staff Findings - Subdivision Exhibit B: Referral (DRC) Comments Exhibit C: P&Z Minutes City Manager Comments: SOUTH AND GIBSON STAFF REPORT PAGE 5 ORDINANCE N0. -, (SERIES OF 2004) AN ORDINANCE OF THE ASPEN CITY COUNCIL APPROVING A SUBDIVISION FOR THE SOUTH AND GIBSON SUBDIVISION, LOCATED AT 805 SOUTH AVENUE, LEGALLY DESCRIBED IN ATTACHED EXHIBIT 1, CITY OF ASPEN, PITKIN COUNTY, COLORADO. Parcel ID: 2737-073-00-031 WHEREAS, the Community Development Department received an application from Gibson Avenue LLC (c/o William Boehringer, Manager), represented by Haas Land Planning. LLC for Subdivision approval and Growth Management Quota System (GMQS) Exemptions to subdivide the existing lot into two lots for the development of up to three units in accordance with the City of Aspen Land Use Code; and, WHEREAS, the Community Development Department received referral comments from the Aspen Consolidated Sanitation District, City Engineering, Parks, Zoning and Water Departments as a result of the Development Review Committee meeting; and, WHEREAS, said referral agencies and the Aspen Community Development Department reviewed the proposal for Subdivision and Growth Management Quota System (GMQS) Exemptions and recommended approval with conditions; and, WHEREAS, pursuant to Section 26.480 of the Land Use Code, Subdivision approval may be granted by the City Council at a duly noticed public hearing after considering recommendations by the Planning and Zoning Commission, the Community Development Director, and relevant referral agencies; and, WHEREAS, pursuant to Section 26.470 of the Land Use Code, GMQS Exemption approval may be granted by the Community Development Director and, because the requested GMQS Exemption complied with the applicable review criteria, the Director granted such approval for up to three units on the two proposed lots; and, WHEREAS, the Subdivision review by the Planning and Zoning Commission requires a public hearing and this application was reviewed at a public hearing where the recommendations of the Community Development Director and comments from the public were heard; and, WHEREAS, during a regular meeting on April 20, 2004, the Planning and Zoning Commission opened a duly noticed public hearing to consider the project and where, by a three to one (3-1) vote, recommended City Council approve the Subdivision, with the findings and conditions listed hereinafter; and, -6- WHEREAS, the City of Aspen City Council finds that the development proposal meets or exceeds all applicable development standards and that the approval of the development proposal, with conditions. is consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS, the City of Aspen City Council reviewed and considered the development proposal at a public hearing on June 28,2004 and, by a vote of to (_ - _), approved this Ordinance (on Second Reading) for Subdivision; and, NOW, THEREFORE BE IT RESOLVED BY THE ASPEN CITY COUNCIL THAT: Section 1: The South and Gibson Subdivision is hereby approved, subject to the following conditions: 1. Prior to issuance of a building permit for either new lot: a. Park Dedication fees shall be paid for any additional bedrooms that are added above and beyond what currently exists on the site. b. Cash in lieu of school land dedication shall be paid. c. Any proposed new dwelling shall demonstrate their compliance with the Residential Design Standards. d. An approved tree permit is required from the City Forester. An approved tree permit requires a proposed landscape plan identifying trees for removal and means of mitigation. e. An outdoor lighting plan for each residence shall be submitted. f. All tap fees, impacts fees, and building permit fees shall be paid. g. The private well for the existing house must be abandoned and a new municipal water service installed. 2. Prior to commencement of construction on either lot, a vegetation protection fence shall be erected at the drip line of each individual tree or groupings of trees remaining on site. There shall be no excavation, no storage of construction materials, backfill, equipment, tools or construction traffic inside of the protective fence. This fence must be inspected by the city forester or his/her designee before any construction activities are to commence. 3. The existing house need not be demolished to accommodate the newly created lot boundaries and the encroachments into the side yard setbacks may continue to exist for the life of the original structure only. Upon redevelopment, all structures on these two (2) lots shall comply with the R-6 Zone District provisions with respect to the newly created lot boundaries and setbacks. The subdivision plat -7- shall grant an easement to allow for the existing residence to be maintained across the new lot line and shall function for the life of the existing structure only. The existing house floor area shall be noted on the subdivision plat. 4. The driveway for Lot 1 (the corner lot) shall be placed as far as possible from the South/Gibson Avenue intersection. A hammerhead driveway on Lot 1 shall be constructed to allow cars to turnaround onsite and avoid backing onto the street. 5. The applicant shall construct sidewalks, in compliance with City standards for the portion of the property fronting Gibson Avenue and South Avenue. 6. The subdivision plat shall show an easement for utilities, roadway and future sidewalks. Instead of multiple easements, a single 'non-exclusive common easement' may be platted with appropriate plat notes. No structures or trees shall be placed in the easement without the permission of the City Engineer and applicable utilities. 7. Prior to the recordation of the subdivision plat, a design of the sidewalk and curb/gutter needs to be submitted to the City Engineer. (A sidewalk, curb and gutter design will allow the accurate depiction of the easement on the plat.) The curb location along Gibson Street will be dictated by the need for a 24-foot minimum street width. The design needs to include a site plan with adequate contours and spot elevations to demonstrate that gutter will have a 0.75% slope (minimum) towards a storm drain and show the extent of re-grading Gibson St. The sidewalk, curb and gutter along both lots shall be installed as part of the next ~ building permit for either Lot 1 or Lot 2, whichever comes first. No Certificate of Occupancy will be given until the sidewalk, curb and gutter is installed. 8. No proposed structure or landscaping over 30 inches tall shall be installed in a sight triangle located 30 feet within the Gibson/South St intersection. This site triangle shall be noted on the plat. 9. A subdivision agreement and plat shall be recorded in the office of the Pitkin County Clerk and Recorder within 180 days following City Council approval. 10. All uses and construction shall comply with the City of Aspen Water System Standards, with Title 25, and applicable portions of Title 8 (Water Conservation and Plumbing Advisory Code) of the Aspen Municipal Code as they pertain to utilities. 11. There shall be no further subdivision of Lot 2, the 15,079 square foot lot. This restriction shall not apply to condominiumizing two single-family dwelling units or a duplex constructed on the lot. -8- Section 2: 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 3: If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity o f the remaining portions thereo f. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on this 25th day of May, 2004. ATTEST: Kathryn Koch, City Clerk Helen Kalin Klanderud, Mayor FINALLY, ADOPTED, PASSED, AND APPROVED this 28th day of June, 2004. ATTEST: Kathryn S. Koch, City Clerk Helen Kalin Klanderud, Mayor APPROVED AS TO FORM: John Worcester, City Attorney -9- / % EXHIBIT 1 LEGAL DESCRIPTION A parcel of land situated in the South one-half of Secrion 7, Township 10 South, Range 84--W:st of thÂ¢ Sixth Principal Meridian, Pjtkin County, Colorado being more fully described as follows: Beginning at a point whence Corner 22 of Tract,41 East Aspen Additional Townsite bears South East 3.91 fect; thence North 65'03'32'" East 7.45 feet; thence 51.50 feet along the 44Â° 33 39 am of anon-tan.gent curve to the left the radius of said curve being 741.97 feet. the chord of said CUnre bears South 89Â°11'14 .11 East 51,49 feet: thence North 84Â°23'24"1' East 143.54 feet to a poin: on the Northerly boundary ofthc Smuggler Mobile Home Park; thence Southcasterly along said ' boundary, South 37Â°11'41"" West 60.04 feet; thence North 4.Â·08 feet; thence South 29Â°03'05 ,, I West 102.32 feet; thence North 61Â°48'00 .. West 7.00 feet to a point on the Easterly boundary of Parcel No. 1 as described in instrument recorded in Book 488 at Page 205, Pitkin County records; thence South 29Â°34'00"" West 108.00 feet along said Easterly boundary to the Northeasterly boundary of Gibson Ave. as constructed and in~ place; thence 155.06 feet along the arc of a curyc to th.e left having a radius of 940,00 feet, the chord of said curve bears North 20Â°30'5 5 "" West 164.85 fect; thence 37.34 fact along the arc of a curve to the right, the radius of said curve being 220.00 feet (the long chord is North 11Â°54'45"" West 37,29 feet; thence 19.40 feet along the arc of a curve to th= right, the ra.dius of said curve being 37.60 feet, (the long chord North 30Â°45'32"" East 19.19 feet to the Point of Beginning. COUNTY OF PII'KIN, STATE OF COLORADO. STEWART TITLE - GUARANTY COMPANY EXHIBIT A STAFF FINDINGS: SUBDIVISION The Definitions section (26.104.100) of the Land Use Code explains that subdivision approval is required whenever leasehold interests will be transferred. Section 26.480.050 states that a development application for subdivision review shall comply with the following standards and requirements: A. General Requirements. a. The proposed subdivision shall be consistent with the Aspen Area Comprehensive Plan (AACP) STAFF FINDING: DOES [T COiMPLY? YES The future land use map in the AACP shows the subject site as "Residential". There fore, the proposal to subdivide the existing lot into two single-family lots is in compliance with the future direction of the AACP. The project is also generally consistent with the applicable policies and goals of the AACP. The applicable elements of the AACP include locating residential development within the town limits, close to the commercial core and transit stops, and the provision of affordable housing in the form of an on-site accessory dwelling unit or payment of cash in lieu. b. The proposed subdivision shall be consistent with the character of existing land uses in the area. STAFF FINDING: DOES [T COiMPLY? YES The proposed subdivision will be consistent with the character of the surrounding area, which is currently made up of a variety of different residential uses from mobile homes to single-family and duplex residences, to apartments. c. The proposed subdivision shall not adversely affect the future development of surrounding areas. STAFF FINDING: DOES IT COMPLY? YES Staff believes that this development will not adversely affect the future development of the area because all development is internal to the site, does not encroach onto neighboring properties, and does not impact the public streets. d. The proposed subdivision shall be in compliance with all applicable requirements of this Title. - 10 - STAFF FINDING: DOES IT COMPLY? YES All applicable requirements, including with the zoning requirements of the R-6 zone district are proposed to be met. B. Suitability of Land for Subdivision. a. Land Suitability. The proposed subdivision shall not be located on land unsuitable for development because of flooding, drainage, rock or soil creep, mudilow. rockslide, avalanche or snowslide, steep topography or any other natural hazard or other condition that will be harmful to the health. safety, or welfare of the residents in the proposed subdivision. STAFF FINDING: DOES IT COMPLY? YES The site is essentially tlat in grade and located far away from any adjacent natural impacts. The existing house on the site has apparently not experienced any negative impacts in its lifetime. b. Spatial Pattern Efficient. 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. STAFF FINDING: DOES IT COMPLY? YES Staff believes that the subdivision has been designed to avoid all of the above spatial patterns. C. Improvements. The improvements set forth at Chapter 26.580 shall be provided for the proposed subdivision. These standards may be varied by special review (See, Chapter 26.430) if the following conditions have been met: 1. A unique situation exists for the development where strict adherence to the subdivision design standards would result in ineompatibility with the Aspen Area Comprehensive Plan, the existing, neighboring development areas, and/or the goals o f the community. STAFF FINDING: DOES IT COMPLY? N/A No variations are proposed to the subdivision design standards. 2. The applicant shall specify each design standard variation requested and provide justification for each variation request, providing design recommendations by professional engineers as necessary. STAFF FINDING: DOES IT COMPLY? N/A No variations are proposed to the subdivision design standards. -11- D. Affordable Housing. A subdivision which is comprised of replacement dwelling units shall be required to provide affordable housing in compliance with the requirements of Chapter 26.520, Replacement Housing Program. A subdivision which is comprised of new dwelling units shall be required to provide affordable housing in compliance with the requirements of Chapter 26.470, Growth Management Quota System. STAFF FINDING: DOES IT COMPLY? N/A The standards of Chapter 26.520, Replacement Housing Program, are not applicable because there is no replacement housing involved (said provision only applies to multi-family structures and does not apply to demolition of single-family homes). E. School Land Dedication. Compliance with the School Land Dedication Standards set forth at Chapter 26.630. Applicability. School land dedication standards shall be assessed upon all new subdivisions within the City of Aspen which contain residential units. An applicant may make a cash payment in-lieu of dedicating land to the City. or may make a cash payment in combination with a land dedication, to comply with the standards of this Section. This section of the subdivision regulations requires the dedication of land or the payment of an in-lieu fee for each new residential unit in a subdivision. STAFF FINDING: DOES IT COMPLY? YES Cash in lieu of School land dedication is proposed and will be required to be paid by the applicant prior to issuance of building permit. - 12 - EXHIBIT B DRC MINUTES MEMORANDUM To: Development Review Committee From: John Niewoehner, Community Development Engineer, DRC Caseload Coordinator Date: March 10,2004 Re: 3/10/04DRC Minutes: Gibson and South Subdivision Attendees: Scott Woodford, Case Planner - Community Development Department Nick Adeh, Engineering Department John Niewoehner, Community Development Department Phil Overeynder, Water Department Tom Bracewell, Sanitation District Jerry Nye, Streets Department Ed VanWalraven, Fire Department Sarah Oates. Zoning Officerrs Brian Flynn, Parks Department Mitch Haas, Planner for Applicant At the March 10, 2004, the Development Review Committee reviewed the following project: South St. and Gibson St. Subdivision - The proposal is to subdivide an existing 21,938 sf lot into two lots - - one lot with 6,859 sf and 15,079 sf. Currently the utilities and part of Gibson Street pavement encroach onto the property. As part of the subdivision, the City seeks to establish easements for the utilities, roadway, and future sidewalk. DRC COMMENTS Engineering and Streets: 1. Access: The driveway for lot 1 (the corner lot) should be placed as far as possible from the South/Gibson intersection. A hammerhead driveway on lot 1 shall be constructed to allow cars to turnaround onsite and avoid backing onto the street. - 13- 2. Easements: The subdivision plat must show an easement for utilities, roadway and future sidewalk. Instead of multiple easements, a single 'non-exclusive common easement' can be platted with appropriate plat notes. No structures or trees can be placed in the easement without the permission o f the City Engineer and applicable utilities. 3. Sidewalk. Curb and Gutter Design: Prior to the recordation of the subdivision plat, a design of the sidewalk and curb/gutter needs to be submitted to the City Engineer. (A sidewalk, curb and gutter design will allow the accurate depiction of the easement on the plat.) The curb location along Gibson Street will be dictated by the need for a 24-foot minimum street width. The design needs to include a site plan with adequate contours and spot elevations to demonstrate that gutter will have a 0.75% slope (minimum) towards a storm drain and show the extent of re- grading Gibson St. The sidewalk, curb and gutter along both lots shall be installed as part of the next building permit for either lot 1 or lot 2. No Certificate of Occupancy will be given until the sidewalk, curb and gutter is installed. 4. Survey Monuments: A new survey is required for the subdivision plat. Both lots must be fully monumented with property pins at the lot corners. 5. Site Distance: No proposed structure or landscaping over 30 inches tall shall be installed in a sight triangle located 30 feet within the Gibson/South St intersection. 6. Drainage: The building permit application needs to include a drainage and erosion control prepared by a professional engineer. Parks Department 1. Tree Removal: An approved tree permit is required prior to approval of the building permit. An approved tree permit requires a proposed landscape plan identifying trees for removal and means of mitigation. Please contact the City Forester for more information 920-5126. 2. Tree Protection: A vegetation protection fence shall be erected at the drip line of each individual tree or groupings of trees remaining on site. There will be no storage of construction materials, backfill, tools or construction traffic inside of the protective fence. There is no excavation or disturbance of the native area inside of the protective fence. This fence must be inspected by the city forester or ' his/her designee (920-5126) before any construction activities are to commence. No excavation, storage of materials. storage of construction backfill, storage of equipment, foot or vehicle traffic allowed within the drip line of any tree on site. Fire Department Nothing at this time Sanitation District 1. Separate Sewer Services: The existing sewer service may be able to serve one of the two lots. A shared sewer service will not be allowed. Each lot needs its own service. 2. ACSD Standards: Service is contingent upon compliance with the District's rules, regulations, and specifications, which are on file at the District office. - 14 - Water Dept: 1. Water Taps: The current building (lot 2) is served by a private well. Prior to - awarding building permit for either lot lor lot 2, the well for the existing house must be abandoned and a new municipal water service. installed 2. City Standards Compliance: All uses and construction will comply with the City of Aspen Water System Standards, with Title 25, and applicable portions of Title 8 (Water Conservation and Plumbing Advisory Code) of the Aspen Municipal Code as they pertain to utilities. Zoning: 1. Lighting: Outdoor Lighting must conform to Lighting Code. 2. Existing Structure: The documentation of the existing house floor area must be submitted as part of the subdivision plat. - 15- EXHIBIT C P&Z MINUTES PUBLIC HEARING: SOUTH AND GIBSON SUBDIVISION AND GMOS EXEMPTIONS Jasmine Tygre opened the public hearing for subdivision and GMQS Exemptions for South and Gibson. David Hoefer said the notice, publication and posting were provided. Scott Woodford presented the information on the project for a subdivision and GMQS Exemption dividing one 21,938 square foot lot into 2 lots; one at 6,859 square feet the other at 15,079 square feet. The first lot would have a single- family residence and the second lot would support two single-family residences or a duplex. Mitch Haas, planner for the applicant, stated there was a strip of land that runs along South Avenue that was deeded to the city for a sidewalk right-of-way; the area still counts for development rights on this property even through it can't be built on. Haas said at this point it was just a proposed lot line subdivision so the entrances from the streets were not yet determined. Haas noted there were utility lines on the property, which would need to be moved to an easement and there was pavement from Gibson Avenue on this property and not in the right-of-way; there was a condition for an easement to cover all of these nuances. Haas said that he and John Niewoehner, city engineer and Libby from Holy Cross Electric have been working together on these easements. Woodford stated the city engineer wanted the driveways either on South or Gibson but as far as possible from the intersection; a hammerhead turnaround was requested for the larger lot nearer to Smuggler Park so there wouldn't be cars backing out into the street. Woodford said there was a proposed sidewalk along Gibson Avenue and the city was requesting a sidewalk on South as well, which was controversial with the applicant and city. Woodford said there were 2 GMQS exemptions were for the reconstruction credits for two units. The development rights for the property after subdivision would be a single-family with an ADU or cash-in-lieu on lot 1 and a duplex or 2 single family residences on lot 2 with an ADU or cash-in-lieu. Hoefer stated that the proposal was legal under the code in that zone district. Allgaier stated that "exempt" didn't mean that you were exempt from mitigating. This was a way to eliminate the step of actually having to build the duplex and tear it down in order to gain the unit of density that was allowed. Haas said that the applicant actually had a building permit for a duplex for the square footage and then he would have tom it down. Hoefer explained that P&Z had to legally approve the subdivision and was basically signing off on the GMQS exemption. Woodford stated that the applicant has the option to consolidate; the GMQS requires only P&Z or the community development director approval and the subdivision requires P&Z and Council approval. Tygre said that she was confused about the difference between lot split and subdivision; she asked ifthere were different development rights with lot splits and subdivisions. Woodford replied that there were no changes in the development rights between a lot split or a subdivision. Haas responded the growth management for lot splits were only available in the original town site; they were not eligible for a lot split. Haas said the subdivision carries exactions that a lot split doesn't. Tygre stated that usually roads and access were included in the subdivision review and asked why it wasn't part of this application. Woodford replied the engineering department had site lines for the intersection and the minimum distance from the intersections. AI1gaier added that it was a two-lot subdivision bordered by roads on two sides with good access for fire, all the health, safety and welfare requirements; there were conditions as to where the access points could be limited and during the building permit process they will go through the same kind of review process with engineering. Tygre asked ifthe applicant or council decided if ADUs were built or was cash- in-lieu provided. Woodford replied in order to qualify for the single-family exemption the applicant shall have the option ofproviding a deed restricted RO ADU or fee-in-lieu. Allgaier responded that at the time of building permit they would decide if there was an ADU or fee-in-lieu. Haas stated that in residential development the applicant had the choice of exemption; ifthere were mitigation requirements it was then up to the Growth Management, P&Z and or Council but this was not a mitigation. Johnson asked ifthis subdivision were approved and it moves onto City Council for approval then no one else but Sarah Oates would see where on the lots the houses would be placed. Allgaier replied the Zoning Officer and every other referral agency would review; ifthey walk in and meet the regulations, do the mitigation, pay.the impact fees then they obtain a building permit. Haas noted that they rely on the zoning to tell the applicant where and how big buildings can or can't be and residential design standards. Public Comments: 1. Doug Allen, public, said after hearing Jasmine he thinks that there is a problem in the system; this gets divided into a subdivision without hearing all the issues and the next thing that happens is the access becomes a placement problem. 2. David Oaks, public, manager o f Smuggler Park Subdivision, asked if this remained a single lot what can legally be built. Woodford responded two single-family residences or a duplex. Oaks said that the subdivision grants the right to build a third home in that area. Woodford said that was correct but not to increase the buildable square footage. Oaks stated concern for the water and electric to this subdivision because currently that lot operates on a well and to connect to the city water system would require them to trench across South Street and up to Race Street or trench into the new Smuggler Park Water system. Oaks said it was the same with electric; there was one transformer box that was retrenched last year and goes through his yard. Oaks also had a height concern because Smuggler Park has placed height limits of 15 feet. Woodford said the height limit in the area was 25 feet. David Oaks stated the sidewalk wasn't needed on South Street. 3. Robert Zupancis, public, stated that he lived diagonal from this property. Zupancis asked what the requirement was for off-street parking for the scenario of a single family and a duplex. Haas replied assume that they will be more than one bedroom units so there would be two parking spaces on site per unit. Zupancis stated the traffic was a problem and there was no parking on either side South Street or Race Street and one side of Gibson and Walnut. Zupancis asked if some ofthe city land could be used for snow storage rather than the sidewalk being placed; he wasn't sure the sidewalk was needed. Marion asked i f a more comprehensive plan was needed because of the questions from the public raised about the water, electric and sidewalks. Woodford replied there was a Development Review Committee (DRC), which consists ofthe city engineer, water, electric, housing, parks and all the interested parties to give their technical review and the city water and electric issues were brought up at that DRC meeting. Haas responded to the electric question and explained the location o f an existing a Holy Cross Electric vault with a stubbed line onto the property. Haas said that the Water Department didn't see a problem making the water connection to city water and the well would be abandoned and those water rights would go to the city. Haas said that ifthe lot wasn't subdivided a duplex or 2 single-family homes could be bllilt without any review from P&Z because the setback and dimensional requirements were set in place; the access questions would be brought up at building permit. Tygre asked for clarification on the side yards and front yards and what the setbacks were for these lots. Haas replied that there were combined side yard setbacks and a minimum side yard would be a minimum of 15 feet with a total of 30 feet combined. Johnson said that he had a hard time understanding the application and now knows why because he hasn't seen anything like this review before; he requested tabling so that he could do his due diligence on the review process. Tygre asked if there was more information needed from staff or the applicant. Johnson replied that he couldn't formulate all the questions that he had because he didn't understand it sufficiently. Haneman stated that he would draw a distinction between acceptance and understanding; he said that he could understand what was happening but he was having difficulty accepting it. Marion stated in the interest of clarification he provided an example of his lot split, which gave different options but the first step was to split the lot and fit it into the existing codes. Marion said when he sold the lot he couldn't say ifthe buyer would do their due diligence in terms of setbacks and historic significance. Marion said in this subdivision case the commission was just approving the cutting the lot into one-third and two-thirds portion and the applicant would have to deal with the parking, ingress and egress issues, which makes this proposal simpler to deal with. Marion stated whatever the applicant does with the property will end up in the existing code requirements and the commission was just granting the right to use the big piece of property to have another piece of density. Marion said when he walked the property he focused on the density o f the area and he concluded that one more piece of density would not be adverse with Smuggler Park and surrounding duplexes. Hoefer stated that you end up with two legally conforming lots. Johnson said that he understood they have to conform to the zoning but that wasn't his issue; he didn't understand the need for the interpretation when the community development directors could have signed off on it. Allgaier explained that there was no mystery to the exemption and it was common for community development to package reviews for the planning commission to see the whole picture. Johnson said that was his issue that he did not understand this and he didn't think that anything said tonight would help his issues tonight; he said he wanted to review the information and the code. Haneman said they had to go from single-family to duplex and then demolish and have the right for two development rights; does it make any difference in light of this subdivision whether there was a house on this property at all, if it was a vacant 21,938 square foot lot would this still go forward with the rights for a single family on one and a duplex on the other. Woodford said that they would have the right to build a duplex. Haas replied that the code interpretation was if they had to build the duplex and tear it down to get the right to build the two- single family homes or duplex on one lot. Johnson commented that the code language that you must build it to tear it down was odd; he asked if this wasn'tan issue prior to this review. Tygre said that many of the surrounding properties were R-15, which wouldn't be a problem but this one was zoned R-6. Tygre stated that the code is what it is and the commission has to go by the findings of the criteria although the criteria do not address this application; although Tygre said she had problems with the application Tygre stated that it fulfilled the requirements of R-6. Allgaier stated that this was a simple parceling of land and the commission was used to seeing complicated PUD land use reviews. The commission agreed to add a condition that no further subdivision occur on Lot 2 but it could be condominiumized. MOTION: Brandon Marion moved to approve Resolution #13, series of 2004 for subdivision and GMQS Exemption for South & Gibson Subdivision with the following conditions: 1. Prior toissuance ofa building permitfor either ne-w lot a.) Park Dedication fees shall be paidfor any additional bedrooms that are added above and beyond what currently exists on the site. b.) Cashinlieu of school land dedication shall be paid. c.) Any proposed new dwelling shall demonstrate their compliance with the Residential Design Standards. d.) An approved tree permit is required from the City Forester. An approved tree permit requires a proposed landscape planidentifying trees for removaland means of mitigation. e.) An outdoor lighting planjor each residence shall be submitted. f) All tap fees, impacts fees, and building permit fees shall be paid. g.) The private well for the existing house must be abandoned and a new municipal water service installed. 2. Prior to commencement of construction on either lot, a vegetation protection fence shall be erected at the drip line of each individual tree or groupings of trees remaining on site. There shall be no excavation, no storage of construction materials, backfll, equipment, tools or construction traffic inside ofthe protective #nce. Thisjknce must be inspected by the cityforester or his/her designee before any construction activities are to commence. 3. The existing house need not be demolished to accommodate the newly created lot boundaries and the encroachments into the side yard setbacks may continue to exist for the life Of the original structure only. Upon redevelopment, all structures on these two (2) lots shall comply with the R-6 Zone District provisions with respect to the ne-wly created lot boundaries and setbacks. The subdivision plat shall grant an easement to allowfor the existing residence to be maintained across the new lot line and shallfunction for the life of the existing structure only. The existing house floor area shall be noted on the subdivision plat. 4. The drive-wayfor Lot 1 (the corner lot) shall be placed as far as possible from the South/Gibson Avenue intersection. A hammerhead driveway on Lot 1 shall be constructed to allow cars to turnaround onsite and avoid backing onto the street. 5. The applicant shall construct sidewalks, in compliance with City standardsjor the portion ofthe property.#onting Gibson Avenue and South Avenue. 6. The subdivision plat shall show an easement jor utilities, roadway and future sidewalks. Instead of multiple easements, a single 'non-exclusive common easement' may be platted with appropriate plat notes. No structures or trees shall be placed in the easement without the permission of the City Engineer and applicable utilities. 7. Prior to the recordation Of the subdivision plat, a design of the sidewalk and curb/gutter needs to be submitted to the City Engineer. (A sidewalk, curb and gutter design will allow the accurate depiction of the easement on the plat.) The curb location along Gibson Street will be dictated by the needjbr a 24-foot minimum street width. The design needs to include a site plan -with adequate contours and spot elevations to demonstrate that gutter will have a 0.75% slope (minimum) towards a storm drain and show the extent of re_ grading Gibson St. The sidewalk, curb and gutter along both lots shall be installed as part of the next building permitfor either lot 1 or lot 2. No Certijicate of Occupancy will be given until the sidewalk, curb and gutter is installed. 8. No proposed structure or landscaping over 30 inches tall shall be installed in a sight triangle located 30 jeet within the Gibson/South St intersection. 9. A subdivision agreement and plat shall be recorded in the office ofthe Pitkin County Clerk and Recorder within 180 days following City Council approval. 10. All uses and construction shall comply with the City oj'Aspen Water System Standards, with Title 25, and applicable portions of Title 8 (Water Conservation and Plumbing Advisory Code) of the Aspen Municipal Code as they pertain to utilities. There shall be nofurther subdivision of Lot 2, the 15,079 square foot lot. This restriction shall not apply to condominiumizing two single-family d-welling units or a duplex constructed on the lot. Seconded by Roger Haneman. Roll call: Johnson, no; Haneman, yes; Marion, yes: Tygre, yes. APPROVED 3-1. MEMORANDUM TO: Aspen Planning & Zoning Commission THRU: Joyce Allgaier, Deputy Director of Community Development FROM: Scott Woodford, City Planner RE: SOUTH AND GIBSON SUBDIVISION, PUBLIâ‚¬ HEARING, SUBDIVISION AND GMQS EXEMPTIONS; RESOLUTION NO. 13, SERIES 2004 DATE: April 20,2004 . 4. - ' I ./:i. a Photo ofthe subject ' property taken from the f .6 9 4 1/ 1 .6 Â·,eg -- southern corner of the :46*7 4- site looking north 7=2.1 * towards the existing t, . /# *,0/ . house on the property. ~,RÂ¥-lvf,Â·0~ ' - $' Â·*fli)#P' : m 1 1Â£1/6 ./ . Ij.9.49Â£. -,=56#62/1.*4&- - 4% .*Ff i~.,i ,.1 Qu-:-. ' ....:..~~:% 14.-i.. - r 3#-rr)Â·.~Â· .z.uÂ·, ' , 7 ; ... . f? ht-. 14'Â·<~~3:V,1'Pr ' ~1 0 Â·,4 .* PROJECT: SOUTH AND GIBSON SUBDIVISION REQUEST SUMMARY: Approval of a Subdivision and GMQS Exemptions to subdivide an existing lot into two lots and utilize the two development rights from the lot to construct a single-family residence on the 6,859 sq. ft. lot and either a single- family, two single-family dwellings, or a duplex on the proposed 15,079 sq. ft. lot (as all are allowed on lots of this size in the R-6 zone district). APPLICANT: Gibson Avenue LLC (c/o William Boehringer, Manager), represented by Haas Land Planning, LLC ZONE DISTRICT: R-6 (Medium Density Residential) LEGAL DESCRIPTION: Parcel of land situated in the South !4 of Section 7, Township 10 South , Range 84 West of the 6th Principal Meridian, Pitkin County, more fully described in attached documents; 805 South Avenue STAFF APPROVAL OF THE SUBDIVISION AND GMQS EXEMPTIONS, WITH RECOMMENDATION: CONDITIONS SOUTH AND GIBSON STAFF REPORT PAGE 1 PROJECT SUMMARY: Ihe proposal is to subdivide the existing 21,938 sq. ft. lot into two lots. with one 6.859 sq. ft. lot (Lot 1) and one 15,079 square feet lot (Lot 2). demolish the existing single- family house, then redevelop the lots. In accordance with the R-6 zone district standards of the Land Use Code. the applicant would have the right to construct only a single- family residence on Lot 1 (as the Code requires at least 89000 sq. ft. to support a duplex in R-6 zoning), but would have the option to construct one of the following on Lot 2: a.) one single-family residence, or b.) two detached single-family residences, or c.) a duplex. The applicant has not specified which type of dwelling unit they propose to build on the larger lot. Per the R-6 zone district standards, the allowed floor area on Lot 1 would be approximately 3,360 square feet, while Lot 2 would allow approximately 4,024 sq. ft. for a single-family residence, or 2.022 sq. ft. per unit for two detached single-family residences, or 4.044 sq. it. if they chose to construct a duplex. The applicant is not required to submit architectural designs for the proposed structures at this point in the process; however. each structure will be required to comply with the Citys Residential Design Standards. Compliance with those standards will be determined at time of building permit. Location for the driveway access for the proposed lots has not been determined, but the City Engineer will allow access to come offof either South or Gibson Avenues. 1 he City Engineer has, however, stipulated that the driveway for Lot 1 shall be located as far away from the South and Gibson Avenues intersection as possible and that a hammerhead driveway be constructed on Lot 1 to allow vehicles exiting the lot to not back into the street. A sidewalk. along with curb and gutter will be constructed by the applicant, for the portion of the property fronting both Gibson Avenue and South Avenue. '~1 -rr 'Â·r 64*fgA0<' 12?' 01 J>tk' 391 -1(1:- f~=4,2,-~Ei Photo o f the edue of the 1 4* 24~~#~~~+" -14,1418-411-1,1- 1 4~J~ applicants property frontilig 4, 3Â»311.-: - 3 1 .im./.5/9 has requested the applicant -ar- 1.cÂ»,.i,, j, 7 -14~~ Soutil A velille Where the City construct a sidewalk with -A -4*41 +'g~ curb and gutter 4 * + _lIU ~U' -- 1- ./ .Â¥77.41'lill-/ ..1.1.*..1 .1 . SOU'rl{ AN[) GIBSON Si'AFF REPOR'[ PAC; 1-: 2 PROJECT SUMMARY: The proposal is to subdivide the existing 21.938 sq. ft. lot into two lots, with one 6,859 sq. ft. lot (Lot 1) and one 15.079 square feet lot (Lot 2), demolish the existing single- family house, then redevelop the lots. In accordance with the R-6 zone district standards of the Land Use Code, the applicant would have the right to construct only a single- family residence on Lot 1 (as the Code requires at least 8,000 sq. ft. to support a duplex in R-6 zoning), but would have the option to construct one of the following on Lot 2: a.) one single-family residence, or b.) two detached single-family residences, or c.) a duplex. The applicant has not specified which type of dwelling unit they propose to build on the larger lot. Per the R-6 zone district standards, the allowed floor area on Lot 1 would be approximately 3,360 square feet, while Lot 2 would allow approximately 4,024 sq. ft. for a single-family residence, or 2,022 sq. ft. per unit for two detached single-family residences, or 4,044 sq. ft. i f they chose to construct a duplex. The applicant is not required to submit architectural designs for the proposed structures at this point in the process; however, each structure will be required to comply with the City's Residential Design Standards. Compliance with those standards will be determined at time of building permit. Location for the driveway access for the proposed lots has not been determined. but the City Engineer will allow access to come off of either South or Gibson Avenues. The City Engineer has, however, stipulated that the driveway for Lot 1 shall be located as far away from the South and Gibson Avenues intersection as possible and that a hammerhead driveway be constructed on Lot 1 to allow vehicles exiting the lot to not back into the street. A sidewalk, along with curb and gutter will be constructed by the applicant, for the portion of the property fronting both Gibson Avenue and South Avenue. 'r-: .4, - . -121. Photo of the edge of the I ..44 4 $ h + . 4..... *. ' applicants property fronting 7,fiDÂ¢+-.iv~> ~Lâ€¢.~/ *' . 4, . ... .. . South Avenue where the City has requested the applicant Â· construct a sidewalk with *Lacy , 1. 4. 49& 2 4 â€ž.. curb and gutter. I -41 ES 4.4 1 1. 4 . t r -4 .7-4-Â£ I : ir:. . SOUTH AND GIBSON ST,AFF REPORT PAGE 2 APPLICABLE LAND USE SECTIONS: In order to accommodate the above development request, the following land use approvals are required: 1) GROWTH MANAGEMENT OUOTA SYSTEM (GMOS) EXEMPTIONS: Two GMOS Exemptions are requested for this proposal: â€¢ DETACHED SINGLE-FAMILY OR DUPLEX DWELLING UNIT Per Section 26.470.070(B) of the Code, construction of a new detached single-family or duplex dwelling unit is exempt from Growth Management, subject to compliance with required standards (Detailed discussion of this exemption follows later in the report and Staff Findings are attached in Exhibit A). Final Review Authority: Community Development Director. â€¢ RECONSTRUCTION OF DEMOLISHED UNITS: Section 26.470.070.A.2 of the Code states that reconstruction of demolished units shall also be exempt from Growth Management, subject to compliance with review standards (Detailed discussion of this exemption follows later iii the report and Staff Findings are attached in Exhibit A). Final Review Authority: Community Development Director. 2) SUBDIVISION: Section 26.480 of the Code states that subdivision review is required when land is divided into two or more lots (Detailed discussion of this exemption follows later in the report and Staff Findings are attached in Exhibit B). Final Review Authority: City Council. EXISTING CONDITIONS/BACKGROUND INFORMATION: The parcel currently contains one single-family structure that was constructed in 1974 and includes 3-4 bedrooms and two bathrooms. Two small sheds also exist on the property. Vehicular access to the attached garage is off of South Avenue. The site is essentially flat with several trees located around the perimeter of the site. There are several public improvements on the property without easements, including an underground electric line along the west property line, electric vault, portion of the Gibson Avenue roadway, and a fire hydrant. The City has requested that easements be dedicated for these improvements or they be moved from the property into the right-of- way. The applicant is working with Iloly Cross Electric regarding the easement for the electric line, which may need to be moved from where it currently encroaches into Lot 1 to under the proposed sidewalk along Gibson Avenue, so that the proposed easement does not interfere with the building envelope. SOUTH AND GIBSON SIAFF REPORT PAGE 3 - , Photo ofthe Gibson Avenue -- - property frontage where tile -11.- - 4-3-0 - 4 .-.----7 ----- .9 - underground electric line runs 4 e-r- - 8--7 - 224 1-f- ~92 Â«4Â».(- - - - 47.* - without an easement. The P i.Â·a-- 1-J-+1- 9.-z,'...,~I. 4--v-_ -v â€ž area tothe right oft]-ie trees is 11.9:-- 1.- 27 -' - 0 4,1â‚¬46 3 -34=-~rlo- .AP*k. S_*KN Â¥ 1.- the location for the sidewalk 127.t-~-I- -ixit. 2- that the applicant will install t.git 4 1-- 9.ki:*- :,t'-~UZ'~5 with curb and gutter. 4-ki-7-9 LAL# w~ Vulic - E./ r- 4 1 -2,-/*. Background information that is pertinent to this application includes a 1995 dispute between the property owner and the City about whether or not the City had the rights to a portion of the subject property along South Avenue for right-of-way purposes. At the time. a portion of South Avenue encroached onto the applicant' s property. The City's position was that the area that South Avenue encroached onto the property had either been previously conveyed to the City by the owner, or the City had the right to use the property through adverse determination. A settlement o f the issue was eventually reached whereby the owner quiet titled to the City the area of the parcel in question for use as public roadway. sidewalk, underground utilities or drainage facilities, or other public improvements. As part of the agreement, the property owner is allowed to enjoy use of the conveyed portion of property to the extent that it does not interfere with the above described public improvements. In addition, the owner is allowed to utilize the original square footage of the property for the purposes of floor area calculation for future applications. STAFF COMMENTS: GROWTH MANAGEMENT QUOTA SYSTEM (GMOS): As stated above, the applicant is seeking GMQS Exemptions in order to obtain the development rights needed to construct dwellings on the new lots. Below is the specific wording of the exemptions the applicant is requesting followed by staff position on its compliance with the review criteria (Staff Findings can be found in Exhibit A): 1. DETACHED SINGLE-FAMILY OR DUPLEX DWELLING UNIT (SECTION 26.470.070.B). The ,following shall be exempt from the growth management scoring and competition procedures: 1) the construction of one or two detached residential units or a duplex dwelling on a lot that was subdivided or was a legally described parcel prior to November 14, 1977, that complies with the provisions of'Section 26.480.020(E), or 2) the replacement after demolition of one or two detached residential units or a duplex SOUTH AND GIBSON S'rAFF REPORT PAGE 4 f '?t, 21: '. 4 .t dwelling, or 3) the remodel or expansion of a singleÂ®mily dwelling into a duplex dwelling. This exemption shall not be applied to any lot for which any other development allotment is currently being sought or is approved. This exemption shall not be deducted .trom the respective annual development allotments established pursuant to Section 26.470.050 or #om the Aspen Metro Area development ceilings established pursuant to Section 26.470.030. Exemption review is by the Community Development Director. This exemption shall be granted only ifthe following standards are met. 1. Single-flimilv In order to qualify.for a single-family exemption, the applicant shall have three (3) options: a. providing an Accessory Dwelling Unit (ADU) pursuant to Section 26.520: b. paying the applicable affordable housing impact.fee pursuant to the Aspen/Pitkin County Housing Authority Guidelines, as amended; or c. recording a resident-occupancy (RO) deed restriction on the single-family dwelling unit being constructed. 2. Duplex. In order to qualify .for a duplex exemption, the applicant shall have.five (59 options: a. providing one free market dwelling unit and one deed restricted, resident- occupied dwelling unit with a minimum.floor area of one thousand five hundred (1,500) square.Net; b. providing two free market dwelling units and one accessory dwelling unit with a minimum .floor area of six hundred (600) net livable square feet pursuant to Section 26.520: c. providing two free market dwelling units and two Accessory Dwelling Units, each with a minimum net livable .floor area Of three hundred (300) square teet, pursuant to Section 26.520; d. providing two deed restricted, resident-occupied (RO) dwelling units, or e. paying the applicable affordable housing impact.fee pursuant to the Aspen/Pitkin County Housing Authority Guidelines, as amended. Staff Reply: The applicant requests the above exemption for the "remodel or expansion of a single-family dwelling into a duplex dwelling" in order to create two development rights on the site (via criteria #3 in first paragraph above - see NOTE below for explanation of this process). Then they wish to utilize the two development rights for "replacement after demolition of one or two detached residential units or a duplex dwelling" (via criteria #2 above). In other words, one development right will be attributed to each lot. This will result in a single-family structure on Lot 1. On Lot 2, the other development right may be used to construct either a single-family dwelling or, in turn, be utilized to construct two detached single-family dwelling units, or one duplex (utilizing the GMQS exemption allowing conversion of a single-family into a duplex). SOUTH AND GIBSON STAFF REPORT PAGE 5 NOTE: An Interpretation of Title from Section 26.470.070.B was requested by the applicant and approved by the Community Development Director (See attached Exhibit D for copy), officially recognizing that a lot that has an existing single-family. but is large enough to support a duplex, inherently has two development rights. Furthermore, the Director has ruled, it is not necessary for an applicant of such lot to physically convert the single-family into a duplex prior to demolishing it in order to secure such development rights. 2. RECONSTRUCTION OF DEMOLISHED UNITS (SECTION 26.470.A.2.). The reconstruction of demolished units shall be exempt. An exemption request that includes a request for an extension of the three year deadline on reconstruction of demolished dwelling, hotel and lodge units shall be accompanied by an improvements survey of the structure. No demolition shall occur until the Community Development Director haY verified the accuracy of the improvements survey. The exemption for reconstruction of a demolished unit is available only upon a.finding of compliance with the following standards: a. An applicant may propose to demolish and then delay the reconstruction of existing dwelling, hotel or lodge units. b. The applicant shall verify, by a letter submitted to and approved by the Community Development Director, the number of existing legal units on the property prior to demolition and shall agree that reconstruction will occur pursuant to the terms Of this Section. c. Reconstruction shall occur within five (5) years of demolition, unless an extension of this deadline is granted by the City Council for good cause. d. Any building that is demolished shall be limited to reconstruction on the same parcel or on a contiguous parcel owned by the applicant, unless it is determined that reconstruction shall be permitted off-site pursitant to Section 26.520.()20(D). Staff Reply: Section 26.470.070.A.2. allows the transfer of one of the two development rights the applicant has from one parcel to a contiguous parcel and establishes the timetable for utilizing those development rights. The applicant proposes to comply with all of the above criteria. Staff agrees that the criteria can be met. According to the applicant, they will reconstruct the existing dwelling within five years of demolition or seek an extension from City Council. Criteria "d" above allows the applicant to land one of the development rights on a contiguous parcel with the fathering parcel because it will be owned by the applicant. SUBDIVISION: Staff has reviewed all of tlie subdivision criteria in Exhibit B and have found the request to comply with all of the applicable criteria. DEVELOPMENT REVIEW COMMITTEE (DRC) REFERRAL COMMENTS: The DRC meeting was held on March 10, 2004. The comments from that meeting are attached in Exhibit C. SOUTH AND GIBSON SIAFF REPORT PAGE 6 STAFF SUMMARY AND RECOMMENDATION: Staff recommends approval of a Subdivision and GMQS Exemptions for the South & Gibson Subdivision, with conditions as put forth in the attached resolution. RECOMMENDED MOTION: "I move to approve Resolution No. ~j~ , Series of 2004, for Subdivision and GMQS Exemption for South & Gibson Subditision." ATTACHMENTS: Exhibit A: Staff Findings - GMQS Exemption Exhibit B: Staff Findings - Subdivision Exhibit C: Referral (DRC) Comments Exhibit D: Interpretation of Title SOUTH AND GIBSON STAFF REPORT PAGE 7 RESOLUTION Ne. __~ (SERIES OF 2004) A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING COMMISSION RECOMMENDING CITY COUNCIL APPROVE A SUBDIVISION AND GROWTH MANAGEMENT QUOTA SYSTEM EXEMPTIONS FOR THE SOUTH AND GIBSON SUBDIVISION, LOCATED AT 805 SOUTH AVENUE, LEGALLY DESCRIBED IN ATTACHED EXHIBIT 1, CITY OF ASPEN, PITKIN COUNTY, COLORADO. Parcel ID: 2737-073-00-031 WHEREAS, the Community Development Department received an application from Gibson Avenue LLC (c/o William Boehringer, Manager), represented by Haas Land Planning. LLC for Subdivision approval and Growth Management Quota System (GMQS) Exemptions to subdivide the existing lot into two lots and utilize the development rights from the demolished single-family to redevelop the lots in accordance with the City of Aspen Land Use Code; and, WHEREAS, the Community Development Department received referral comments from the Aspen Consolidated Sanitation District, City Engineering. Parks, Zoning and Water Departments as a result of the Development Review Committee meeting; and, WIIEREAS, said referral agencies and the Aspen Community Development Department reviewed the proposal for Subdivision and Growth Management Quota System (GMQS) Exemptions and recommended approval with conditions; and, WIIEREAS, pursuant to Section 26.480 of the Land Use Code, Subdivision approval may be granted by the City Council at a duly noticed public hearing after considering recommendations by the Planning and Zoning Commission, the Community Development Director. and relevant referral agencies; and, WHEREAS, pursuant to Section 26.470 of the Land Use Code, GMQS Exemption approval may be granted by the Community Development Director; however, according to Section 26.304.060 of the Land Use Code. the applicant has agreed to combine this administrative review with the other land use approvals sought; and. WHEREAS. the Subdivision review by the Planning and Zoning Commission requires a public hearing and this application was reviewed at a public hearing where the recommendations of the Community Development Director and comments from the public were heard; and, -8- WHEREAS, during a regular meeting on April 20, 2004, the Planning and Zoning Commission opened a duly noticed public hearing to consider the project and where. by a to (-0 vote. recommended City Council approve the Subdivision and GMQS Exemptions, with the findings and conditions listed hereinafter; and, NOW, THEREFORE BE IT RESOLVED that the Planning and Zoning Commission recommends that the City Council approve the Subdivision and GMQS Exemptions for the property at 805 South Avenue, subject to the conditions listed iii Section 1 below. Section 1: The approval is subject to the following conditions: 1. Prior to issuance of a building permit for either new lot: a. Park Dedication fees shall be paid for any additional bedrooms that are added above and beyond what currently exists on the site. b. Cash in lieu of school land dedication shall be paid. c. Any proposed new dwelling shall demonstrate their compliance with the Residential Design Standards. d. An approved tree permit is required from the City Forester. An approved tree permit requires a proposed landscape plan identifying trees for removal and means of mitigation. e. An outdoor lighting plan for each residence shall be submitted. f. All tap fees, impacts fees, and building permit fees shall be paid. g. The private well for the existing house must be abandoned and a new inunicipal water service installed. 2. Prior to commencement of construction on either lot, a vegetation protection fence shall be erected at the drip line of each individual tree or groupings of trees remaining on site. There shall be no excavation, no storage of construction materials. backfill. equipment, tools or construction traffic inside of the protective fence. This fence must be inspected by the city forester or his/her designee before any construction activities are to commence. 3. The existing house need not be demolished to accommodate the newly created lot boundaries and the encroachments into the side yard setbacks may continue to exist for the life of tlie original structure only. Upon redevelopment. all structures on these two (2) lots shall comply with the R-6 Zone District provisions with respect to the newly created lot boundaries and setbacks. The subdivision plat shall grant an easement to allow for the existing residence to be maintained across the new lot line and shall function for the life of the existing structure only. The existing house tloor area shall be noted on the subdivision plat. -9- 4. The driveway for Lot 1 (the corner lot) shall be placed as far as possible from the South/Gibson Avenue intersection. A hammerhead driveway on Lot 1 shall be constructed to allow cars to turnaround onsite and avoid backing onto the street. 5. The applicant shall construct sidewalks, in compliance with City standards for the portion of the property fronting Gibson Avenue and South Aveiiue. 6. The subdivision plat shall show an easement for utilities, roadway and future sidewalks. Instead of multiple easements, a single 'non-exclusive common easement' may be platted with appropriate plat notes. No structures or trees shall be placed in the easement without the permission of the City Engineer and applicable utilities. 7. Prior to the recordation of the subdivision plat, a design of the sidewalk and curb/gutter needs to be submitted to the City Engineer. (A sidewalk. curb and gutter design will allow the accurate depiction of the easement on the plat.) The curb location along Gibson Street will be dictated by the need for a 24-foot minimum street width. The design needs to include a site plan with adequate contours and spot elevations to demonstrate that gutter will have a 0.75% slope (ininimum) towards a storm drain and show the extent of re-grading Gibson St. The sidewalk, curb and gutter along both lots shall be installed as part of the next building permit for either lot 1 or lot 2. No Certificate of Occupancy will be given until the sidewalk, curb and gutter is installed. 8. No proposed structure or landscaping over 30 inches tall shall be installed in a sight triangle located 30 feet within the Gibson/South St intersection. 9. A subdivision agreement and plat shall be recorded in the office of the Pitkin County Clerk and Recorder within 180 days following City Council approval. 10. All uses and construction shall comply with the City of Aspen Water System Standards, with Title 25, and applicable portions of Title 8 (Water Conservation and Plumbing Advisory Code) of the Aspen Municipal Code as they pertain to utilities. Section 2: This Resolution shall not effect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided. and the same shall be conducted and concluded under such prior ordinances. Section 3: If any section, subsection, sentence, clause. phrase, or portion of this resolution is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion - 10 - shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. APPROVED by the Commission at its regular meeting on April 20.2004. APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION: David Hoefer. Asst. City Attorney Jasmine Tygre, Chair ATTEST: Jackie Lothian, Deputy City Clerk - 11 - EXHIBIT 1 LEGAL DESCRIPTION Aparcel of land situated in the South one-half of Section 7, Township 10 South, Range 84 West of the Sixth Principal Meridian. Pitkin County, Colorado being more fully described as follows: Beginning at a point whence Corner 22 of Tract A, Eist Aspen Additional Townsite bears South 44Â° 35'50"" East 3.91 feet: thence North 65Â°03'32"" East 7.45 feet; thence 51,50 feet along the arc of a non-tan.gent curve to the left the radius of said curve being 741.97 feet, the chord of said curve bears South 89Â° 11 '14"11 East 51,49 feet: thence North 84Â°23'24"11 East 143,54 feet to a point on the Northerly boundary ofthc Smuggler Mobile Home Park; thence Southcasterly along said boundary, South 37Â°11:41'"' West 60,04 feet; thence North 4.08 feet; thence South 29Â°03'05"" West 102.32 feet: thence North 61Â°48'00"" West 7.00 feet to a point on the Easterly boundary of Parcel No. 1 as described in instrument recorded in Book 488 at Page 205, Pitkin County records; thence South 29Â°34'00"" West 108.00 feet along said Easterly boundary to the Northeasterly - boundary of Gibson Ave. as constructed and ill place; thence 165.06 feet along the arc of' a curve to the Ieft having a radius of 940.00 feet, the chord of said curve bears North 20Â°30'55'1" West 164.85 feet; thence 37.34 feet along the arc of a curve to the right, the radius of said curve being 220.00 feet, (the long chord is North 11Â°54'45"" West 37.29 feet; thence 19.40 feet along the arc of a curve to the tight, the radius of said curve being 37.60 feet, (the long chord North 30Â°45'32"" East 19.19 feet to the Point of Beginning. COUNTY OF PITKIN, STATE OF COLORADO. STEWART TITLE GUARANTy COMPANY EXHIBIT A STAFF FINDINGS: GMQS EXEMPTION Section 26.470.070.A.2. of the Land Use Code applies in this situation, as described below: A.2. Reconstruction of demolished units. The reconstruction of demolished units shall be exempt. An exemption request that includes a request for an extension of the three year deadline on reconstruction of demolished dwelling, hotel and lodge units shall be accompanied by an improvements survey of the structure. No demolition shall occur until the Community Development Director has verified the accuracy of the improvements survey. The exemption for reconstruction of a demolished unit is available only upon a finding of compliance with the following standards: a. An applicant may propose to demolish and then delay the reconstruction of existing dwelling, hotel or lodge units. b. The applicant shall verify, by a letter submitted to and approved by the Community Development Director. the number of existing legal units on the property prior to demolition and shall agree that reconstruction will occur pursuant to the terms of this Section. c. Reconstruction shall occur within five (5) years of demolition, unless an extension of this deadline is granted by the City Council for good cause. d. Any building that is demolished shall be limited to reconstruction on the same parcel or on a contiguous parcel owned by the applicant, unless it is determined that reconstruction shall be permitted off-site pursuant to Section 26.520.020(D). STAFF FINDING: DOES IT COMPLY? YES The applicant has indicated that they will reconstruct the existing dwelling within five years of demolition or seek an extension from City Council. The existing dwelling will be redeveloped on the same parcel that it was demolished on and the second development right from the fathering parcel will be redeveloped on the newly created, contiguous lot owned by the applicant, in accordance with criteria d above. Section 26.470.070 of the Land Use Code applies in this situation. as described below. 8. Detached single-family or duplex dwelling unit. The following shall be exempt from the growth management scoring and competition procedures: 1) the construction of one or two detached residential units or a duplex dwelling on a lot that was subdivided or was a legally described parcel prior to November 14. 1977, that complies with the provisions of Section 26.480.020(E), or 2) the replacement after demolition of one or two detached residential units or a duplex dwelling, or 3) the remodel or expansion of a single-family dwelling into a duplex dwelling. This exemption shall not be applied to any lot for which any other development allotment is currently being sought or is approved. This exemption shall not be deducted from the respective annual development allotments established pursuant to Section 26.470.050 or from the Aspen Metro Area development ceilings established pursuant - 12 - to Section 26.470.030. Exemption review is by the Community Development Director. This exemption shall be granted only if the following standards are met. 1. Sinirle-family. In order to qualify for a single-family exemption, the applicant shall have three (3) options: a. providing an Accessory Dwelling Unit (ADU) pursuant to Section 26.520; b. paying the applicable affordable housing impact fee pursuant to the Aspen/Pitkin County Housing Authority Guidelines, as amended; or c. recording a resident-occupancy (RO) deed restriction on the single-family dwelling unit being constructed. STAFF FINDING: DOES IT COMPLY? YES The applicant has indicated that they will satisfy this requirement by either constructing an ADU or paying the appropriate cash in lieu fee on each lot. This decision will be made prior to building permit for each lot. - 13- EXHIBIT B STAFF FINDINGS: SUBDIVISION The Definitions section (26.104.100) of the Land Use Code explains that subdivision approval is required whenever leasehold interests will be transferred. Section 26.480.050 states that a development application for subdivision review shall comply with the following standards and requirements: A. General Requirements. a. The proposed subdivision shall be consistent with the Aspen Area Comprehensive Plan (AACP). STAFF F[NDING: DOES [T COMPLY? YES The future land use map in the AACP shows the subject site as "Residential". Therefore, the proposal to subdivide the existing lot into two single-family lots is in compliance with the future direction of the AACP. The project is also generally consistent with the applicable policies and goals of the AACP. The applicable elements of the AACP include locating residential development within the town limits, close to the commercial core and transit stops, and the provision of affordable housing in the form of an on-site accessory dwelling unit or payment of cash in lieu. b. The proposed subdivision shall be consistent with the character of existing land uses in the area. STAFF FINDING: DOES IT COMPLY? YES The proposed subdivision will be consistent with the character of the surrounding area which is currently made up of a variety of different residential uses from mobile homes to single-family and duplex residences, to apartments. c. The proposed subdivision shall not adversely affect the future development of surrounding areas. STAFF FINDING: DOES IT COMPLY? YES Staff believes that this development will not adversely affect the future development of the area because all development is internal to the site, does not encroacli onto neighboring properties, and does not impact the public streets. d. The proposed subdivision shall be iii compliance with all applicable requirements of this Title. -14- STAFF FINDING: DOES IT COMPLY? YES All applicable requirements, including with the zoning requirements of the R-6 zone district are proposed to be met. B. Suitability of Land for Subdivision. a. Land Suitability. The proposed subdivision shall not be located on land unsuitable for development because of flooding. drainage, rock or soil creep, mudtlow, rockslide, avalanche or snowslide, steep topography or any other natural hazard or other condition that will be harmful to the health. safety, or welfare of the residents in the proposed subdivision. STAFF FINDING: DOES IT COMPLY? YES The site is essentially flat in grade and located far away from any adjacent natural impacts. The existing house on the site has not experienced any negative impacts in the thirty odd years it has existed. b. Spatial Pattern Efficient. 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. STAFF FINDING: DOES IT COMPLY? YES Staff believes that the subdivision has been designed to avoid all of the above spatial patterns. C. Improvements. The improvements set forth at Chapter 26.580 shall be provided for tlie proposed subdivision. These standards may be varied by special review (See, Chapter 26.430) ifthe following conditions have been met: 1. A unique situation exists for the development where strict adherence to the subdivision design standards would result in incompatibility with the Aspen Area Comprehensive Plan, the existing, neighboring development areas. and/or the goals of the community. ~TAFFFINDING: DOES IT COMPLY? N/A No variations are proposed to the subdivision design standards. 2. The applicant shall specify each design standard variation requested and provide .justification for each variation request, providing design recommendations by professional engineers as necessary. STAFF FINDING: DOES IT COMPLY? N/A No variations are proposed to the subdivision design standards. -15- D. A ffordable Housing. A subdivision which is comprised of replacement dwelling units shall be required to provide affordable housing in compliance with the requirements of Chapter 26.520, Replacement Housing Program. A subdivision which is comprised of new dwelling units shall be required to provide affordable housing in compliance with the requirements of Chapter 26.470, Growth Management Quota System. STAFF FINDING: DOES IT COMPLY? N/A The standards of Chapter 26.520, Replacement Housing Program, are not applicable because there is no replacement housing involved (said provision only applies to multi-family structures and does not apply to demolition of single-family homes). E. School Land Dedication. Compliance with the School Land Dedication Standards set forth at Chapter 26.630. Applicability. School land dedication standards shall be assessed upon all new subdivisions within the City of Aspen which contain residential units. An applicant may make a cash payment iii-lieu of dedicating land to the City. or may make a cash payment in combination with a land dedication, to comply with the standards of this Section. This section of the subdivision regulations requires the dedication of land or the payment of an in-lieu fee for each new residential unit in a subdivision. STAFFFINDING: DOES IT COMPLY? N/A Cash in lieu of School land dedication is proposed and will be required to be paid by the applicant prior to issuance of building permit. - 16 - EXHIBIT C DRC MINUTES MEMORANDUM To: Development Review Committee From: John Niewoehner, Community Development Engineer, DRC Caseload Coordinator Date: March 10,2004 Re: 3/10/04DRC Minutes: Gibson and South Subdivision Attendees: Scott Woodford, Case Planner - Community Development Department Nick Adeh, Engineering Department John Niewoehner. Community Development Department Phil Overeynder, Water Department Tom Bracewell, Sanitation District Jerry Nye. Streets Department Ed VanWalraven, Fire Department Sarah Oates, Zoning Officerrs Brian Flynn, Parks Department Mitch Haas. Planner for Applicant At the March 10, 2004, the Development Review Committee reviewed the following project: South St. and Gibson St. Subdivision - The proposal is to subdivide an existing 21,938 sf lot into two lots - - one lot with 6,859 sf and 15,079 sf. Currently the utilities and part of Gibson Street pavement encroach onto the property. As part of the subdivision, the City seeks to establish easements for the utilities, roadway, and future sidewalk. DRC COMMENTS Engineering and Streets: 1. Access: The driveway for lot 1 (the corner lot) should be placed as far as possible from the South/Gibson intersection. A hammerhead driveway on lot 1 shall be constructed to allow cars to turnaround onsite and avoid backing onto the street. -17- 2. Easements: The subdivision plat must show an easement for utilities, roadway and future sidewalk. Instead of multiple easements, a single 'non-exclusive common easement' can be platted with appropriate plat notes. No structures or trees can be placed in the easement without the permission of the City Engineer and applicable utilities. 3. Sidewalk, Curb and Gutter Design: Prior to the recordation of the subdivision plat, a design of the sidewalk and curb/gutter needs to be submitted to the City Engineer. (A sidewalk, curb and gutter design will allow the accurate depiction of the easement on the plat.) The curb location along Gibson Street will be dictated by the need for a 24-foot minimum street width. The design needs to include a site plan with adequate contours and spot elevations to demonstrate that gutter will have a 0.75% slope (minimum) towards a storm drain and show the extent of re- grading Gibson St. The sidewalk, curb and gutter along both lots shall be installed as part of the next building permit for either Iot 1 or lot 2. No Certificate of Occupancy will be given until the sidewalk, curb and gutter is installed. 4. Survey Monuments: A new survey is required for the subdivision plat. Both lots must be fully monumented with property pins at the lot corners. 5. Site Distance: No proposed structure or landscaping over 30 inches tall shall be installed in a sight triangle located 30 feet within the Gibson/South St intersection. 6. Drainage: The building permit application needs to include a drainage and erosion control prepared by a professional engineer. Parks Department 1. Tree Removal: An approved tree permit is required prior to approval of the building permit. An approved tree permit requires a proposed landscape plan identifying trees for removal and means of mitigation. Please contact the City Forester for more information 920-5126. 2. Tree Protection: A vegetation protection fence shall be erected at the drip line of each individual tree or groupings of trees remaining on site. There will be no storage of construction materials, backfill, tools or construction traffic inside of the protective fence. There is no excavation or disturbance of the native area inside of the protective fence. This fence must be inspected by the city forester or his/her designee (920-5126) before any construction activities are to commence. No excavation, storage of materials. storage of construction backfill, storage of equipment, foot or vehicle traffic allowed within the drip line of any tree on site. Fire Department Nothing at this time Sanitation District 1. Separate Sewer Services: The existing sewer service may be able to serve one of the two lots. A shared sewer service will not be allowed. Each lot needs its own service. 2. ACSD Standards: Service is contingent upon compliance with the District's rules, regulations, and specifications, which are on file at the District office. - 18- Water Dept: 1. Water Taps: The current building (lot 2) is served by a private well. Prior to awarding building permit for either lot 1 or lot 2, the well for the existing house must be abandoned and a new municipal water service installed 2. City Standards Compliance: All uses and construction will comply with the City of Aspen Water System Standards, with Title 25, and applicable portions of Title 8 (Water Conservation and Plumbing Advisory Code) of the Aspen Municipal Code as they pertain to utilities. Zoning: 1. Lighting: Outdoor Lighting must conform to Lighting Code. 2. Existinst Structure: The documentation of the existing house floor area must be submitted as part of tlie subdivision plat. - 19 - ' EXHIBIT D INTERPRETATION OF TITLE HAAS LAND PLANNING, March 8,2004 Mrs. Julie Ann Woods, Director ~ Mr. Scott Woodford, Planner Aspen Community Development Department 130 South Galena Street Aspen, CO 81611 RE: Interpretation of Section 26.470.070(A)(2), GMQS Exemption for Reconstruction of Demolished -Units Dear Julie Ann and Scott: This letter is a request for a formal Interpretation of Title, pursuant to Section 26.306.010 of the Land Use Code. More specifically, the request is for a formal interpretation of Section 26.470.070(A)(2) of the Code as such relates to the use of residential reconstruction credits for the purposes of subdivision. The best way of explaining the request is by way of hypothetical example. As part of the example, a few premises must be outlined. First the hypothetical property is located in a zone district where the minimum lot area is 6,000 square feet and 9,000 square feet of lot area is the minimum required to support a duplex or two detached residences. Next, the hypothetical lot has an effective area of greater than 12,000 square feet, ahd maintains one legally established single-family residence. Pursuant to plain and clear language of the Code, the residence on this hypothetical lot could be converted to a GMQS exempt duplex as a permitted use-by-right under the described zoning conditions. Assuming the conversion could be done without Adding any FAR floor area, there would be no required payment of cash-in-lieu of an ADU for such a conversion. Since it is clear that . this can be done, the City Planning Office has informally decided in consultation with the City Attorney that two (2) reconstruction credits exist euen if the actual conversion is not-first carried out. That is, it has been agreed that it would be pointless to complete the conversion just for the sake of later demolishing the structure, and that allowing the reconstruction credits without this activity saves not only resources, time and finances, but it also saves the neighborhood from having to accommodate unnecessary construction impacts. Â· 201 N. MILL STREET, SUITE 108â€¢ ASPEN, COLORADO â€¢ 81 611 Â· Â· PHONE: (970) 925-7819 Â· FAX: (970) 925-7395 Â· March 8,2004 Page 2 Thus, the owner of the hypothetical property described above would maintain two (2) GMQS exempt residential reconstruction credits under the terms of Section 26.470.070(A)(2) of the Code, provided the conditions for use of the reconstruction credits can be met. Carrying this interpretation forward, it follows that the hypothetical property can be subdivided into two (2) lots that comply with the dimensional requirements of the zoning and the reconstruction units can be developed anywhere on the property that is consistent with the dimensional requirements and other applicable requirements of the Land Use Code. The subdivision would allow the two reconstructed units to be placed on separate, fee simple lots (if under Common ownership) using the allowable FAR floor area for the size of lots created through the subdivision. Further, with each redeveloped unit, either an ADU or cash-in-lieu would have to be provided. In closing, it is respectfully requested that the Community Development Director formally confirm the above-described interpretation and understanding of the Code provisions by signing in the space provided below. If you should have any questions, please do not hesitate to contact me. Yours truly, Haas Land Planning, LLC Mitch Haas, AICP Owner/ Manager Signed: (~rt- 1- 0413- 3/ 1% fol ~fie Ann Woods, Community Development Director Date c:/rny documents/administrative/city/Subdiv-Recon Credits Intern RESOLUTION NO.~71 , Series of 1995 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, -- APPROVING A SETTLEMENT STIPULATION IN THE MATTER OF STANLEY E. LAURISKI, ET AL. V RUTH C BISEL, ET AL., CIVIL ACTION NO. 93 CV 259-3, IN THE DISTRICT COURT OF PITKIN COUNTY, COLORADO, AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID SETTLEMENT STIPULATION ON BEHALF OF THE CITY OF ASPEN, COLORADO. WHEREAS, there has been submitted to the City Council a Settlement Stipulation in the matter of Stanley E. Lauriski, et al. v Ruth C. Bisel, et al., Civil Action No. 93 CV 259-3, District Court for Pitkin County, Colorado, a true and accurate copy of which is attached hereto as Exhibit "A"; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ASPEN, COLORADO: That the City Council of the City of Aspen hereby approves that Settlement Stipulation, and does hereby authorize the City Manager to execute said agreement on behalf of the City of Aspen. INTRODUCED, READ AND ADOPTED by the City Council of the City of Aspen on the /3*~ day of. ~-6- , 1995. a. ! 9.-1 13Â»-Â¥/ 1 John S. Bennett, Mayor + I, Kathryn S. Koch, duly appointed and acting City Clerk do ~ certify that the foregoing is a true and accurate copy of that resolution adopted by the City Council of the City of Aspen, Colorado, at a meeting held on the day hereinabove stated. i XÂ»Â« 44Â« 1 Kat*yn S. Koch, City Clerk lauriski.res Â· DISTRICT COURT, COUNTY OF PITKIN, STATE OF COLORADO ~ r /1 7 r $2 1 03_L _--- Case No. 93 CV 259-3 i y - 2//311 - SETTLEMENT STIPULATION STANLEY E. LAURISKI, a/k/a STANLEY E. LAURESKI, AND ROSE MARIE LAURISKI, a/k/a ROSE MARIE LAURESKI, Plaintiffs, V. RUTH C. BISEL; RUTH BISEL; WILLIAM H. LOUGHRAN; CITY OF ASPEN, COLORADO; COUNTY OF PITKIN, COLORADO; and all unknown persons who claim any interest in the subject matter of this action, Defendants. Plaintiffs, Stanley E. Lauriski, a/k/a Stanley E. Laureski, and Rose Marie Lauriski, a/k/a Rose Marie Laureski; and defendant, the City of Aspen, a municipal corporation, including John Bennett and his successors in office, as Mayor of the City of Aspen, and defendant, the County of Pitkin, Colorado, hereby stipulate as follows: WHEREAS, the parties hereto comprise and constitute all of the known parties to this action; and WHEREAS, the City of Aspen, asserts ownership of a portion of the real property described in the complaint; and WHEREAS, the City of Aspen and the County of Pitkin, are satisfied that Plaintiffs have a valid claim of ownership of a portion of the real. property described in the complaint, by reason of previous deeds of conveyance and adverse possession for a period in excess of eighteen (18) years pursuant to Section 38-41-101(1) of the Colorado Revised Statutes; and WHEREAS, the parties hereto mutually desire to settle this action in the manner hereinafter set forth, and such settlement has been approved and authorized by resolution of the City Council of the City of Aspen, Colorado, at a meeting thereof duly called and held onOcronER 13 , 1995, and the Board of County Commissioners of Pitkin County, Colorado, at a meeting thereof duly called and held on 'iÂ»ERA GE<i. l k , 1995. 1 NOW, THEREFORE, plaintiffs, Stanley E. Lauriski, a/k/a Stanley E. Laureski, and Rose Marie Lauriski, a/k/a Rose Marie Laureski, h and defendants, the City of Aspen and the County of Pitkin, by their respective attorneys, stipulate and agree as follows: 1. The title to the real property described in the attached -Exhibit A, which property is a part of the property described in the complaint, may be quieted in plaintiffs, Stanley E. Lauriski, a/k/a Stanley E. Laureski, and Rose Marie Lauriski, a/k/a Rose Marie Laureski. 2. For purposes of any future application by plaintiffs or their successors for a development order, as defined in Section 3- 101 of Chapter 24 of the Municipal Code of the City of Aspen as such section exists at the time of this stipulation and as may be amended in the future, the property described in Exhibit A shall be deemed to have an area of 22,882 square feet. 3. Title to the real property described in the attached Exhibit B, which property is a part of the property described in the complaint, may be quieted in the City of Aspen subject to the non-exclusive reserved right of plaintiffs, Stanley E. Lauriski, a/k/a Stanley E. Laureski, and Rose Marie Lauriski, a/k/a Rose Marie Laureski, and their successors in interest, to use, occupy, and enjoy said property except to the extent that the City of Aspen shall undertake construction of a public roadway, sidewalk, underground utilities or underground drainage facilities or other I public improvements. 4. Title to the real property described in the attached Exhibit C, which property is a part of the property described in the complaint, may be quieted in the City of Aspen. 5. All parties hereto shall bear their own costs, expenses, and attorneys' fees in this action. 6. Pursuant to the foregoing, a decree quieting title in the form attached hereto as Exhibit D may be entered by the Court. Dated this 70Ttl day of DOS 141(3 E-4 , 1995. TADDUNE & GUEST . THE CITY OF ASPEN 73 - - *\ (9-7 C fli # 1 10 8Â£133:- 1 *6\E Paul J. Taddune, #10824 Johri-~ pâ‚¬ *61:cester, i#20'610 323 West Main Street 130 South Galena Street Aspen, Colorado 81611 Aspen, Colorado 81611 (970) 925-9190 (970) 920-5055 Attorneys for Plaintiffs Attorney for City of Aspen - 1 . 3 ' +Y\\1622*7 X5> Sandra N. Stuller, 00509 Johri M. Elyâ€ž0.0.rrb67 106 South Mill Street, #202 Attorney,f<52 the County of Aspen, Colorado 81611 Pitkin (970) 920-1018 530 E. Main Street Aspen, Colorado 81611 - (970) 920-5190 I . + - wt-i99.=-7.- EXHIBIT A A parcel of land situated in the South one-half of Section 7, Township 10 South, Range 84 West of the Sixth Principal Meridian, Pitkin County, Colorado, being more fully described as follows: Beginning at a point whence Corner 22 of Tract A, East Aspen Additional Townsite bears South 44 Degrees 35 Minutes 50 Seconds East 3.91 feet; thence North 65 Degrees 03 Minutes 32 Seconds East, 7.45 feet; thence 51.50 feet along the arc of a non-tangent curve to the left, the radius of said curve being 741.97 feet, the chord of said curve bears South 89 Degrees 11 Minutes 14 Seconds East, 9 51.49 feet; thence North 84 Degrees 23 Minutes 24 Seconds East, 143.54 feet to a point on the northerly Boundary of the Smuggler Mobile Home Park; thence southeasterly along said Boundary, South 37 Degrees 11 Minutes 41 Seconds West, 60.04 feet; thence NORTH, 4.08 feet; thence South 29 Degrees 03 Minutes 05 Seconds West, 102.32 feet; thence North 61 Degrees 48 Minutes 00 Seconds West, 7.00 feet to a point on the easterly Boundary of Parcel No. 1, as described in the instrument recorded in Book 488 at Page 205, Pitkin County Records; thence South 29 Degrees 34 Minutes 00 Seconds West, 108.00 feet along said easterly Boundary to the northeasterly Boundary of Gibson Ave. as constructed and in place; thence 165.06 feet along the arc of a curve to the left having a radius of 940.00 feet, the chord of said curve bears North 20 Degrees 30 Minutes 55 Seconds West, 164.85 feet; thence 37.34 feet along the arc of a curve to the right, the radius of said curve being 220.00 feet, (the long chord is North 11 Degrees 54 Minutes 45 Seconds West, 37.29 feet; thence 19.40 feet along the arc of a curve to the right, the radius of said curve being 37.60 feet, (the long chord North 30 Degrees 45 Minutes 32 Seconds East, 19.19 feet to the Point of Beginning. The description describes a Parcel of 21,937.92 square feet more or less. 1 -- h /4 EXHIBIT B A parcel of land situated in Section 7, Township 10 South, Range 84 West of the Sixth Principal Meridian, City of Aspen, Pitkin County, Colorado and being more fully described as follows: Commencing at Corner 22 of Tract "A", East Aspen Additional Townsite; thence North 52 Degrees 49 Minutes 43 Secohds East, 17.40 feet to a point on the back surface of the existing concrete curb and gutter as constructed and in place on the southerly side of South Avenue, the TRUE POINT OF BEGINNING; thence southeasterly along said back surface of the curb and gutter the following 6 courses; southeasterly 41.54 feet along a non-tangential curve to the left, the radius of said curve being 736.97 feet, (the Long chord is South 89 Degrees 33 Minutes 40 Seconds East, 41.54 feet); thence North 85 Degrees 06 Minutes 12 Seconds East, 32.91 feet; thence North 83 Degrees 50 Minutes 43 Seconds East, 42.91 feet; thence North 84 Degrees 21 Minutes 51 Seconds East, 36.77 feet; thence North 84 Degrees 26 Minutes 36 Seconds East, 28.50 feet; thence North 82 Degrees 46 Minutes 45 Seconds East, 6.85 feet to a point on the northwesterly boundary of the Smuggler Mobile Home Park; thence along said Smuggler Mobile Home Park boundary South 37 Degrees 11 Minutes 41 Seconds West, 7.03 feet; thence South 84 Degrees 23 Minutes 24 Seconds West, 143.54 feet to the beginning of a curve; thence 51.50 feet northwesterly along a curve to the right, the radius of said curve being 741.97 feet, (the long chord is North 89 Degrees 11 Minutes 14 Seconds West, 51.49 feet); thence North 65 Degrees 03 Minutes 32 Seconds East, 10.87 feet to the TRUE POINT OF BEGINNING. The description describes a parcel of 943.466 square feet more or less. ~d.... -Â·r: EXHIBIT C A parcel of land situated in Section 7, Township 10 South, Range 84 West of the Sixth Principal Meridian, City of Aspen, Pitkin County, Colorado and being more fully described as follows: Commencing at Corner 22 of Tract "A", East Additional Townsite; thence North 52 Degrees 49 Minutes 43 Seconds East, 17.40 feet to a point on the back surface of the existing concrete curb and gutter as constructed and in place on the southerly side of South Avenue, the TRUE POINT OF BEGINNING; thence North 65 Degrees 03 Minutes 32 Seconds East, 22.09 feet; thence North 84 Degrees 20 Minutes 00 Seconds East, 179.22 feet; thence South 37 Degrees 11 Minutes 41 Seconds West, 15.93 feet to a point on the back surface of the existing concrete curb and gutter as constructed and in place on the southerly side of South Avenue; thence southwesterly along said curb and gutter back surface the following 6 courses; South 82 Degrees 46 Minutes 45 Seconds West, 6.85 feet; South 84 Degrees 26 Minutes 36 Seconds West, 28.50 feet; South 84 Degrees 21 Minutes 51 Seconds West, 36.77 feet; South 83 Degrees 50 Minutes 43 Seconds West, 42.91 feet; South 85 Degrees 06 Minutes 12 Seconds West, 32.91 feet to the beginning of a curve; thence 41.54 feet northwesterly along a curve to the right, the radius of said curve being 736.97 feet, (the long chord is North 89 Degrees 33 Minutes 40 Seconds West, 41.54 feet), curve terminating at the TRUE POINT OF BEGINNING. The description describes a parcel of 2,145.30 square feet ~ more or less. 1 1 A â€¢ 1 ..40' R â€¢37-80' CBâ€¢ /30Â·~43'12*E Pos CL â€¢ 1 S. M C Â£-V L CRIER ZZ,TRACT A 344-35'30-I EAST ASPEN ADDITIONAL f 1/ I k ,, TOW.St-TE . .. .C. SO - ./ ./00 REVtSED G/16/~3 j *00.r .. Aâ€¢37.34' Mâ€¢220.00' CURB a GUTTER c.â€¢1411"44.43-1 4-0.. A â€¢41.34 CURVE DATA CLâ€¢37.ZS' M â€¢736.ST' SIDEWALK AREA + A. 03oU'47- cURVE DATA CDâ€¢M 89 -33'40-W , Aâ€¢ 3147, CLâ€¢41.34 Râ€¢741.37' Aâ€¢ 04-OT'ZS* . DescR(BED 661 0<H[817 A CDâ€¢50*000'34=C CLâ€¢53.44' + 4 f.0: \ -rb=-DESCRIBâ‚¬b OR a<H{BiT 3 ~ - Â·r Â· 4 r , - DESOLLBED 6167- 6%1116+r C . P r 6 12- 24/:5 \ j r---A , N' .L+::132 23 ::2 . P 1-Lk Â£,de. A- 1 CZL" 67 e $ - rKS--y c-cr-50' 5 5- W 4 4. ' 9.'//bl--Iâ‚¬ . Â¥ 09492% ./. C uÂ«k Â«2/ . . I . r l 1 4 L U ./ ..1 9,0 * 4/. 3 23-34"OV I...O. â€¢ MORTH,4.OI' VÂ·- )4 8!041'OO~W ' 529.0305'/ IOZ.32' 0... . .46'43.1. 4-.3 T. 00 ' . S.1 5â€¢ /7. 3 37.1,Â·11-W .3.00' - 8 157,3. SMUGGLER' MOBILE PA R K 71 3 .3 , .:0: j - 9 MEMORANDUM To: Development Review Committee From: John Niewoehner, Community Development Engineer, DRC Caseload Coordinator Date: March 10,2004 Re: 3/10/04DRC Minutes: Gibson and South Subdivision Attendees: Scott Woodford, Case Planner - Community Development Department Nick Adeh, Engineering Department John Niewoehner, Community Development Department Phil Overeynder, Water Department Tom Bracewell, Sanitation District Jerry Nye, Streets Department Ed VanWalraven, Fire Department Sarah Dates, Zoning Officerrs Brian Flynn, Parks Department Mitch Haas, Planner for Applicant At the March 10, 2004, the Development Review Committee reviewed the following project: South St. and Gibson St. Subdivision - The proposal is to subdivide an existing 21,938 sf lot into two lots - - one lot with 6,859 sf and 15,079 sf. Currently the utilities and part of Gibson Street pavement encroach onto the property. As part of the subdivision, the City seeks to establish easements for the utilities, roadway, and future sidewalk. DRC COMMENTS Engineering and Streets: 1. Access: The driveway for lot 1 (the corner lot) should be placed as far as possible from the South/Gibson intersection. A hammerhead driveway on lot 1 shall be constructed to allow cars to turnaround onsite and avoid backing onto the street. 2. Easements: The subdivision plat must show an easement for utilities, roadway and future sidewalk. Instead of multiple easements, a single 'non-exclusive common easement' can be platted with appropriate plat notes. No structures or trees can be placed in the easement without the permission of the City Engineer and applicable utilities. (Put these requirements in Ordinance or Resolution.) 3. Sidewalk, Curb and Gutter Design: Prior to the recordation of the subdivision plat, a design of the sidewalk and curb/gutter needs to be submitted to the City Engineer. (A sidewalk, curb and gutter design will allow the accurate depiction of the easement on the plat.) The curb location along Gibson Street will be dictated by the need for a 24-foot minimum street width. The design needs to include a site plan with adequate contours and spot elevations to demonstrate that gutter will have a 0.75% slope (minimum) towards a storm drain and show the extent of re-grading Gibson St. The sidewalk, curb and gutter along both lots shall be installed as part of the next building permit for either lot 1 or lot 2. No Certificate of Occupancy will be given until the sidewalk, curb and gutter is installed. (Put this requirement in Ordinance or Resolution.) 4. Survey Monuments: A new survey is required for the subdivision plat. Both lots must be fully monumented with property pins at the lot corners. 5. Site Distance: No proposed structure or landscaping over 30 inches tall shall be installed in a sight triangle located 30 feet within the Gibson/South St intersection. 6. Drainaqe: The building permit application needs to include a drainage and erosion control prepared by a professional engineer. Parks Department U Page 2 of 2 March 10,2004 Gibson and South Street Subdivision 1. Tree Removal: An approved tree permit is required prior to approval of the building permit. An approved tree permit requires a proposed landscape plan identifying trees for removal and means of mitigation. Please contact the City Forester for more information 920-5126. 2. Tree Protection: A vegetation protection fence shall be erected at the drip line of each individual tree or groupings of trees remaining on site. There will be no storage of construction materials, backfill, tools or construction traffic inside of the protective fence. There is no excavation or disturbance of the native area inside of the protective fence. This fence must be inspected by the city forester or his/her designee (920-5126) before any construction activities are to commence. No excavation, storage of materials, storage of construction backfill, storage of equipment, foot or vehicle traffic allowed within the drip line of any tree on site. Fire Department Nothing at this time Sanitation District 1. Separate Sewer Services: The existing sewer service may be able to serve one of the two lots. A shared sewer service will not be allowed. Each lot needs its own service. 2. ACSD Standards: Service is contingent upon compliance with the District's rules, regulations, and specifications, which are on file at the District office. Water Dept: 1. Water Taps: The current building (lot 2) is served by a private well. Prior to awarding building permit for either lot lor lot 2, the well for the existing house must be abandoned and a new municipal water service installed. (Phil and Scott - - Is this right? How and when should we require that the existing house (lot 2) connect to the municipal supply.) (We'll put this requirement in Ordinance or Resolution.) 2. City Standards Compliance: All uses and construction will comply with the City of Aspen Water System Standards, with Title 25, and applicable portions of Title 8 (Water Conservation and Plumbing Advisory Code) of the Aspen Municipal Code as they pertain to utilities. Zoning: 1. Lighting: Outdoor Lighting must conform to Lighting Code. 2. Existing Structure: The documentation of the existing house floor area must be submitted as part of the subdivision plat. /DRC/Gibson&SoutSt-Subdiv AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: 305 SÂ©unt Â·Avaue , Aspen, CO SCHEDULED PUBLIC HEARING DATE: 4:PR~L 206 , 200_5/ STATE OF COLORADO ) ) SS. County of Pitkin ) Â£ MITatu 44 (name, please print) being or representing an Applicant to the City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) of the Aspen Land Use Code in the following manner: Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen at least fifteen (15) days prior to the public hearing. A copy of the publication is attached hereto. '01 ~71~15~ Posting of notice: By posting of notice, which form was obtained from the 11 1 Community Development Department, which was made of suitable, waterproof materials, which was not less than twenty-two (22) inches wide and twenty-six (26) inches high, and which was composed of letters not less than one inch in height. Said notice was posted at least ten (10) days prior to the public hearing and was continuously visible from the~-day of 4%1 6 , 200 ~ , to and including the date and time of the public hearing. A photograph of the posted notice (sign) is attached hereto. 10|~2~0~ Mailing Of notice, By the mailing of a notice obtained from the Community Development Department, which contains the information described in Section 26.304.060(E)(2) of the Aspen Land Use Code. At least ten (10) days prior to the public hearing, notice was hand delivered or mailed by first class, postage prepaid U.S. mail to all owners of property within three hundred (300) feet of the property subject to the development application, and, at least fifteen (15) days prior to the public hearing, notice was hand delivered or mailed by first class postage prepaid U.S. mail to any federal agency, state, county, municipal government, school, service district or other governmental or quasi-governmental agency that owns property within three hundred (300) feet of the property subject to the development application. The names and addresses of property owners shall be those on the current tax records of Pitkin County as they appeared no more than sixty (60) days prior to the date of the public hearing. A copy of the owners and governmental agencies so noticed is attached hereto. (continued on next page) '25, 1*04 * .4 .:&..14't'.3 4 I. 1 ieku :e %.0 %'.< 9 -21 j . ....I-- . h. - Â¥1.04 Rezoning or text amendment. Whenever the official zoning district map is in any way to be changed or amended incidental to or as part of a general revision of this Title, or whenever the text of this Title is to be amended, whether such revision be made by repeal o f this Title and enactment of a new land use regulation, or otherwise, the requirement of an accurate survey map or other sufficient legal description of, and the notice to and listing of names and addresses of owners of real property in the area of the proposed change shall be waived. However, the proposed zoning map has been available for public inspection in the planning agency during all business hours for fifteen (15) days prior to the public hearing on such amendmentsj ~- Signature The fortgoing "Affidavit of Notice" was ackÂ» owledged b,efore me this 2D~ay of &44Ft\L- 2002 by 1 4 1-[CHâ‚¬u, ilftâ€ž , WITNESS MY HAND AND OFFICIAL SEAL f . ANNG. 1 M~ comrdissxont*Uts.. 5 1 #4/BOO Â¢ f I 1 lit KEENEY i ./8 1 -t~1:.61:.(.95&566:72% 04Â«79Â«46 Notary Public / / ~ ATTACHMENTS: COPY OF THE PUBLICATION PHOTOGRAPH OF THE POSTED NOTICE (SIGN) LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED BY MAIL - PUBLIC NOTICE RE: SOUTH & GIBSON SUBDIVISION NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, April 20, 2004 at a meeting to begin at 4:30 p.m. before the Aspen Planning and Zoning Commission, Sister Cities Room, City Hall, 130 S. Galena St., Aspen, to consider an application submitted by Gibson Avenue LLC (c/o William Boehringer, Manager) requesting Subdivision approval and a Growth Management Quota System (GMQS) Exemption in order to subdivide the existing single-family lot located at 805 South Avenue into two lots. The applicant proposes to eventually demolish the existing single- family residence and redevelop the lots in accordance with the Aspen Land Use Code. For further information, contact Scott Woodford at the City of Aspen Community Development Department, 130 S. Galena St., Aspen, CO (970) 920-5102, (or by email at scottw@ci.aspen.co.us). s/Jasmine Tvere, Chair Aspen Planning and Zoning Commission Published in the Aspen Times on April 3,2004 City of Aspen Account Smpoth Feed SheetsTM Use template for 516()Â® ALLEN DOUGLAS P ANDERLIK CHRISTY ARTHUR STEPHEN F 520 E COOPER AVE STE 230 PO BOX 11843 PO BOX 4871 ASPEN, CO 81611 ASPEN, CO 81612 ASPEN, CO 81612 BENNIS CLURIE W REV TRST BREHOB SANDRA K BROOKS LAURIA J C/O CLURIE BENNIS 209 COTTONWOOD LN 112 MAPLE LN 515 WALNUT STREET ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81611 BURROWS ARTHUR & COLLEEN BROOKS MURRAY J BUDINGERWILLIAM COLLINS 850 GEORGIA AVE 728 EAST FRANCIS ST 410 N MILL ST #B-11 WINTER PARK, FL 32789 ASPEN, CO 81612 ASPEN, CO 81611 CENTENNIAL ASPEN CAMPBELL BEVERLY ANNE CITY OF ASPEN A LIMITED PARTNERSHIP 207 COTTONWOOD LN 130 S GALENA ST 100 LUKE SHORT CT ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81611 COLORADO PROPERTIES LTD COX ROBERT CREEKSTONE ASPEN LLC C/O KLEIN & BARENBLAT 112 MAPLE LN 4545 POST OAK PL STE 100 504 MILAM BUILDING ASPEN, CO 81611 HOUSTON, TX 77027 SAN ANTONIO, TX 78205 CROUCH DAVID CWG HOLDINGS LLC DANFORTH DAVID N 7118 SUGAR MAGNOLIA CT 163 JOHN ST PO BOX 1863 NAPLES, FL 34109-7831 GREENWICH, CT 06831 ASPEN, CO 81612 DAVIS SILVIA DETKO GEORGE J JR DRISKELL DOUGLAS 509 RACE ST 205 COTTONWOOD LN 200 COTTONWOOD LN ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81611 FABRIZIO BRUCE P & JUDITH FORDE CANDICE MARIE GIBSON AVENUE LLC 15922 PACIFIC COAST HWY 210 COTTONWOOD LN 330 PARK AVE HUNTINGTON HARBOUR, CA 92649 ASPEN, CO 81611 ASPEN, CO 81611 GOLDSTEIN GERALD H & CHRISTINE S GONZALES STEVE GREENWOOD GRETCHEN PO BOX 2045 105 MAPLE LN 520 WALNUT ST ASPEN, CO 81612 ASPEN, CO 81611 ASPEN, CO 81611 GRIFFITH LARRY R GRIFFITH PROPERTY LLC GUPTA FAMILY ENTERPRISES LP 13322 TIERRA OAKS DR 709 N SPRUCE ST 5711 S 86TH CIR REDDING, CO 96003 ASPEN, CO 81611 OMAHA, NE 68127 ElAVERYÂ® Address Labels Laser 5160Â® : Smnoth Feed Sheetsl-M Use template for 5160Â® HARRIS DAVID G & MARGARET ANN HAUENSTEIN WARD & ELIZABETH HAUER MINEKO 533 SPRUCE ST 535 SPRUCE ST 202 COTTONWOOD LN ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81611 HEATH JESSE B JR & HETTA S JOHNSON ELIZABETH A JUNG DENNIS PAUL & LISA KANE 606 N SPRING ST 115 MAPLE LN PO BOX 8351 ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81612 KAUFMAN STEPHEN M TRUST KELLY CHARLES M KESSLER CHARLES D & DIANNE A 3 RIVERWAY STE 1350 00208 COTTONWOOD LN 114 MAPLE LN HOUSTON, TX 77056 ASPEN, CO 81611 ASPEN, CO 81611 KING CHRISTOPHER & DONNA LEBBY NICK LAWRENCE TERRY & DEANNA M CLOUATE C/O LA COCINA INC PO BOX 942 PO BOX 3065 PO BOX 4010 PINE VALLEY, CA 91962 ASPEN, CO 81612 ASPEN, CO 81612 LEBOUTILLIER PHILIP G LOCARRO ROBERT MARSHALL ANN 113 MAPLE LN 211 COTTONWOOD LN PO BOX 10894 ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81612 MILLER LEE L MORSE JAMES A TRUST OAKES KEN 11575 FOLSOM POINT 107 SINCLAIR DR 204 COTTONWOOD LN FRANKTOWN, CO 80116 MUSKEGON, MI 49441 ASPEN, CO 81611 PETERSON ANNE BYARD ORTIZ MICHAEL PEEPERS HOLLOW LLC ANNE PETERSON RICHARDS BYARD 520 WALNUT ST 728 E FRANCIS ST C/O ASPEN, CO 81611 ASPEN, CO 81611 35 LOCUST MILL VALLEY, CA 94941 PHILLIPS JOHN E & LYNN D POWELL MARY FRANCES RATHBUN W DON 305 OAK LN 308 OAK LN PO BOX 1573 ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81612 RUTGERS ANTHONY L & DIANE L SEYMOUR EUGENE H & JUDITH K STONE PHYLLIS 512 SPRUCE ST 390 N SPRING ST 108 MAPLE LN ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81611 STROBL MARIO J TAYLOR LAKE EQUITY VENTURE LLC TUITE WILLIAM E 110 MAPLE LN 728 E FRANCIS 212 COTTONWOOD LN ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81611 ~AVERYÂ® Address Labels Laser 5160Â® ATTACHMENT 7 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: 12/v/14 j gi /6 co c i 46 5 Aspen, CO SCHEDULED PUBLIC HEARING DATE: , 200__ 11 1 STATE OF COLORADO ) ) SS. County of Pitkin ) (name, please print) being or representing an Applicant to the City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) of the Aspen Land Use Code in the following manner: ~ Publication ofnotice.- By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen at least fifteen (15) days prior to the public hearing. A copy of the publication is attached hereto. Posting ofnotice: By posting of notice, which form was obtained from the Community Development Department, which was made of suitable, waterproof materials, which was not less than twenty-two (22) inches wide and twenty-six (26) inches high. and which was composed of letters not less than one inch in height. Said notice was posted at least fifteen (15) days prior to the public hearing and was continuously visible from the day of , 200 , to and including the date and time of the public hearing. A photograph of the posted notice (sign) is attached hereto. , Mailing of notice. By the mailing of a notice obtained from the Community Development Department, which contains the information described in Section 26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to the public hearing, notice was hand delivered or mailed by first class postage prepaid U.S. mail to any federal agency. state, county, municipal government, school, service district or other governmental or quasi-governmental agency that owns property within three hundred (300) feet of the property subject to the development application. The names and addresses of property owners shall be those on the current tax records of Pitkin County as they appeared no more than sixty (60) days prior to the date of the public hearing. A copy Of the owners and governmental agencies so noticed is attached hereto. (continued on next page) Rezoning or text amendment. Whenever the official zoning district map is in any way to be changed or amended incidental to or as part of a general revision of this Title, or whenever the text of this Title is to be amended, whether such revision be made by repeal of this Title and enactment of a new land use regulation, or otherwise, the requirement of an accurate survey map or other sufficient legal description of, and the notice to and listing of names and addresses o f owners of real property in the area of the proposed change shall be waived. However, the proposed zoning map has been available for public inspection in the planning agency during all business hours for fifteen (15) days prior to the public hearing on such amendments. alÂ«1Â«9441 ~~;:Signature The foregoing:"Affidavit of Notice" was acknowledged before me this ..1 da~ , 200*,by -UA---Â« )-1 fflar WITNESS MY HAND AND OFFICIAL SEAL 4 PUBUC NOTICE RE: SOUTH & (1[BSC)N.SUBDIVIS]ON NOTICE [S HEREBY GIVEN that a public , My commission expires: fl-,~57 hearing will be held or,Â·Tuesday, April 20,2004 at a meeting to begin at 430 p.m. before the Aspen 9 Planning and Zoning Commission, Sister Cities i Room. City Hall. 130 S.'Galena St., Aspen. to con- | # i St RAH # sider an application submitted by Gibson Avenue LLC (c/o William Boehringer. Manager) request- Notary Public k. OATES ..7 O i; ing Subdivision approval and a Growth Manage- ment Quota System ((IMQS) Exemption in order :/0 12 to subdivide the existing single-family lot located 4 121 ...........2.941- , at 805 South Avenue into two lots. The applicant 9* c ouu ' proposes to eventually dem<,lish the existing sin- ~ gle-family residence and redevelop the lots iii ac- cordance with ttle Aspen Land Use Code. For further intormation. contact Scott Woodford ~ at the City of .Ar; Den Community Development De- I partment, 130 S Galena St., Aspen, CO (970) 920- 1 5102, (or b>Â· eÂ·n,iÂ·~1 at scottw@ci.aspen.co,us). s/Jasmine Tygre, Chair ATTACHMENTS: Aspen Planning and Zoning Commission Published in The Aspen Times on April 3, 2004. (1385) COPY OF THE PUBLICATION PHOTOGRAPH OF THE POSTED NOTICE (SIGN) LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED BY MAIL Aspen Consolidated Sanitation District Paul Smith * Chairman Frank Loushin Michael Kelly * Vice- Chair Roy Holloway John Keleher * Sec/Treas Bruce Matherly, Mgr March 17, 2004 RECEIVI=, Scott Wolford Community Development MAR 1 ' 130 S. Galena Aspen, CO 81611 BUILDING DI=PBon,cv Abrch Re South and Gibson Subdivision Dear Scott: , We currently have sufficient collection system and treatment capacity to serve this proposed project. Service is contingent upon compliance with the district's rules, regulations, and specifications which are on file at the district office. The fees for the project can be estimated once detailed plans are made available to our office for the completion of a tap permit. All fees must be paid prior to the issuance of a building permit. The existing service line must be removed and capped at the district main at the approval ofthe district line superintendent. All of our comments made through the development review committee meeting on 3-10-04 remain valid and included here by reference. Please call ifyou have any questions. Sincerely, -lu G.k ...06/13 Bruce Matherly District Manager 565 N. Mill St., Aspen, CO 81611 / (970)925-3601 / FAX (970)925-2537 HAAS LAND PLANNING, LLC March 8,2004 Mrs. Julie Ann Woods, Director Mr. Scott Woodford, Planner Aspen Community Development Department 130 South Galena Street Aspen, CO 81611 RE: Interpretation of Section 26.470.070(A)(2), GMQS Exemption for Reconstruction of Demolished Units Dear Julie Ann and Scott: This letter is a request for a formal Interpretation of Title, pursuant to Section 26.306.010 of the Land Use Code. More specifically, the request is for a formal interpretation of Section 26.470.070(A)(2) of the Code as such relates to the use of residential reconstruction credits for the purposes of subdivision. The best way of explaining the request is by way of hypothetical example. As part of the example, a few premises must be outlined. First, the hypothetical property is located in a zone district where the minimum lot area is 6,000 square feet and 9,000 square feet of lot area is the minimum required to support a duplex or two detached residences. Next, the hypothetical lot has an effective area of greater than 12,000 square feet, and maintains one legally established single-family residence. Pursuant to plain and clear language of the Code, the residence on this hypothetical lot could be converted to a GMQS exempt duplex as a permitted use-by-right under the described zoning conditions. Assuming the conversion could be done without adding any FAR floor area, there would be no required payment of cash-in-lieu of an ADU for such a conversion. Since it is clear that this can be done, the City Planning Office has informally decided in consultation with the City Attorney that two (2) reconstruction credits exist even if the actual conversion is not./irst carried out. That is, it has been agreed that it would be pointless to complete the conversion just for the sake of later demolishing the structure, and that allowing the reconstruction credits without this activity saves not only resources, time and finances, but it also saves the neighborhood from having to accommodate unnecessary construction impacts. â€¢ 201 N. MILL STREET, SUITE 108â€¢ ASPEN, COLORADO â€¢81611 â€¢ â€¢ PHONE: (970) 925-7819 â€¢ FAX: (970) 925-7395 â€¢ March 8,2004 Page 2 Thus, the owner of the hypothetical property described above would maintain two (2) GMQS exempt residential reconstruction credits under the terms of Section 26.470.070(A)(2) of the Code, provided the conditions for use of the reconstruction credits can be met. Carrying this interpretation forward, it follows that the hypothetical property can be subdivided into two (2) lots that comply with the dimensional requirements of the zoning and the reconstruction units can be developed anywhere on the property that is consistent with the dimensional requirements and other applicable requirements of the Land Use Code. The subdivision would allow the two reconstructed units to be placed on separate, fee simple lots (if under common ownership) using the allowable FAR floor area for the size of lots created through the subdivision. Further, with each redeveloped unit either an ADU or cash-in-lieu would have to be provided. In closing, it is respectfully requested that the Community Development Director formally confirm the above-described interpretation and understanding of the Code provisions by signing in the space provided below. If you should have any questions, please do not hesitate to contact me. Yours truly, Haas Land Planning, LLC Mitch Haas, AICP Owner/ Manager Signed: Julie Ann Woods, Community Development Director Date c:/my documents/administrative/city/Subdiv-Recon Credits Interp '11. MEMORANDUM TO: Plans were routed to those departments checked-off below: City Engineer 1. ......... Community Development Engineer Community Development Director ............ Zoning Officer Housing Director Parks Department ............ Aspen Fire Marshal City Water ............ Aspen Consolidated Sanitation District Building Department Environmental Health Electric Department Holy Cross Electric City Attorney ............. Streets Department Historic Preservation Officer Pitkin County Planning County & City Disaster Coordinator Transportation FROM: Scott Woodford, (scottw@ci.aspen.co.us) Community Development Department 130 S. Galena St.; Aspen, CO 81611 Phone-920.5102 Fax-920.5439 RE: South and Gibson Subdivision - Applicant proposes to subdivide the 805 South Avenue property into two lots with proposed Lot 1 being 6,859 sq. ft. and Lot 2 being 15,079 sq. ft.. The applicant proposes to utilize the two development rights existing on the property-because the lot will support two units-to eventually construct a single-family residence on each lot. DATE: February 27.2004 DATE OF DRC MEETING: March 10,2004 at 1 :30PM. â€¢ NOTE: IF YOU CANNOT ATTEND THE MEETING, PLEASE EMAIL YOUR COMMENTS TO JOHN NIEWHOEHNER 0ohnn@ci.aspen.co.us) BY NOON ON MARCH 10. 2004. THOSE COMMENTS WILL THEN BE INCORPORATED INTO THE DRC MINUTES. ATTACHMENT 7 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: &c~-jt 4,44_e < 1 ~-bq Aspen, CO SCHEDULED PUBLIC HEARING DATE: 45 127 /04-1 , 200__ STATE OF COLORADO ) ) SS. County of Pitkin ) \ 3- I. i 642-9 l_--~Incff I, (name, please print) being or representing an Applicant to the City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) of the Aspen Land Use Code in the following manner: ..,~i~ Publication of notice: By the publication in the legal notice section of an official paper or a paper o f general circulation in the City of Aspen at least fifteen (15) days prior to the public hearing. A copy of the publication is attached hereto. Posting ofnotice: By posting of notice, which form was obtained from the r Community Development Department, which was made of suitable,, ~, waterproof materials, which was not less than twenty-two (22) inchet wide ~ c and twenty-six (26) inches high, and which was composed of letters not r o less than one inch in height. Said notice was posted at least fifteen (15) days ., prior to the public hearing and was continuously visible from the day of 5 200 , to and including the date and time of the public hearing. A photograph of the posted notice (sign) is attached hereto. - Mailing of notice. By the mailing of a notice obtained from the Com]Punity --- Development Department, which contains the information described in Section 26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to the public hearing, notice was hand delivered or mailed by first class pbstage prepaid U.S. mail to any federal agency, state, county, municipal government, school, service district or other governmental or quasi-governmental agency that owns property within three hundred (300) feet o f the property subj ect to the development application. The names and addresses of property owners shall be those on the current tax records of Pitkin County as they appeared no more than sixty (60) days prior to the date of the public hearing. A copy of the owners and governmental agencies so noticed is attached hereto. (continued on next page) Rezoning or text amendment. Whenever the official zoning district map is in any way to be changed or amended incidental to or as part of a general revision of this Title, or whenever the text of this Title is to be amended, whether such revision be made by repeal o f this Title and enactment of a new land use regulation, or otherwise, the requirement of an accurate survey map or other sufficient legal description of, and the notice to and listing of names and addresses o f owners of real property in the area of the proposed change shall be waived. However, the proposed zoning map has been available for public inspection in the planning agency during all business hours for fifteen (15) days prior to the public hearing on such amendments. fe.gnature The foregoing "Affidavit of Notice" was acknowledged tlefore me thiE 9 day of -2-FL---0.-~ , 20031, by -E3~-4-25 A-Â·1 7*<i/1 PUBUC NOTICE RE: SOUTH & GIBSON 31;BDIVISION NOTICE IS HEREBY (11, EN that a public hearing will be held on Mondav .lune 28,2004 at a meet- ~ InK to begin at 5:00 p m. before the Aspen City WITNESS MY HAND AND OFFICIAL SEAL Council, City Council Chambers. City Hal, 130 S. ~ Galena St.. Aspen. to, onsider an application sub- I mitted by Gibson Avenue LLC (c/o William Boeh- ~ My commiss~on expires: 2-04:~26.~@>9 1 ringer. Manager). represented by Haas Land Plan- ning, LLC. requesting subdivision approval to subdhride the existing lot Into two lots. The ap- 1~ plicant proposes to demolish the existing single- ' family residence and redevelop the new lots in accordance with the Aspen Land Use Code. The address of the subject parcel is 805 South Avenue Notary Public : and is legally described as a parcel of land situat- R { SARAH ed in the South 1/2 of Section 7, Township 10 OATES ~ South, Range 84 West of the 6th Principal Meridi- an, Pitkin County. %.E\..... For the complete legal description and for further p , information. please contact Scott Woodford at 1 . e .... ..... f the City of Aspen C, smunity Development De- foR=col b partment. 130 S. Gatena St., Aspen, CO (970) 920- I ..... 5102. (or by eman a. ..cottw@ci.aspen.co.us). r/Helen K. Klanderud, Mayor Aspen City Council ATTACHMENTS: Published in The Aspen Times on June 5, 2(104. 1 (1576) < COPY OF THE PUBLICATION ' PHOTOGRAPH OF THE POSTED NOTICE (SIGN) LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED BY MAIL 05.9040 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: 806 &~rr.\ AveÂ·~luâ‚¬- , Aspen, CO SCHEDULED PUBLIC HEARING DATE: Jude- 2 8 , 200_Y STATE OF COLORADO ) ) SS. County of Pitkin ) I, MITÂ®u, 14> (name, please print) being or representing an Applicant to the City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) of the Aspen Land Use Code in the following manner: ,/~ Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen at least fifteen (15) days prior to the public hearing. A copy of the publication is attached hereto. ~ Posting of notice: By posting of notice, which form was obtained from the Community Development Department, which was made of suitable, waterproof materials, which was not less than twenty-two (22) inches wide and twenty-six (26) inches high, and which was composed of letters not less than one inch in height. Said notice was posted at least ten (10).days prior to the public hearing and was continuously visible from the #Miay of JUAE , 200 4 , to and including the date and time of the public hearing. A photograph of the posted notice (sign) is attached hereto. ~ Mailing of notice. By the mailing of a notice obtained from the Community Development Department, which contains the information described in Section 26.304.060(E)(2) ofthe Aspen Land Use Code. At least ten (10) days prior to the public hearing, notice was hand delivered or mailed by first class, postage prepaid U.S. mail to all owners of property within three hundred (300) feet of the property subject to the development application, and, at least fifteen (15) days prior to the public hearing, notice was hand delivered or mailed by first class postage prepaid U.S. mail to any federal agency, state, county, municipal government, school, service district or other governmental or quasi-governmental agency that owns property within three hundred (300) feet of the property subject to the development application. The names and addresses of property owners shall be those on the current tax records of Pitkin County as they appeared no more than sixty (60) days prior to the date of the public hearing. A copy of the owners and governmental agencies so noticed is attached hereto. (continued on next page) s "Â© nA =6 1 .r- ..0.-r/AL*Â£* .. 6 11-04 ~R Rezoning or text amendment. Whenever the official zoning district map is in any way to be changed or amended incidental to or as part of a general revision of this Title, or whenever the text of this Title is to be amended, whether such revision be made by repeal o f this Title and enactment of a new land use regulation, or otherwise, the requirement of an accurate survey map or other sufficient legal description of, and the notice to and listing of names and addresses of owners of real property in the area of the proposed change shall be waived. However, the proposed zoning map has been available for public inspection in the planning agency during all business hours for fifteen (15) days prior to the public hearing on such amendments. Signature The foregoing "Affidavit of Notice" was acknowledged before me this 31 f day of 9,(_LA1 , 200Â£,by Mltt he 11 /JAnt WITNESS MY HAND AND OFFICIAL SEAL My commission expires: 9 -26- 0 4 L:4/4/42'rY -*1 7 4 /LA dfx' 4>Â·.'k:,TA42.. Notary Public u te . Â· O.4, *OF GOV' ATTACHMENTS: COPY OF THE PUBLICATION PHOTOGRAPH OF THE POSTED NOTICE (SIGN) LIST OF THE OWNERS AND GOVERNMENTALÂ·AGENCIES NOTICED BY MAIL . D PUBLIC NOTICE RE: SOUTH & GIBSON SUBDIVISION NOTICE IS HEREBY GIVEN that a public hearing will be held on Monday, June 28, 2004 at a meeting to begin at 5:00 p.m. before the Aspen City Council, City Council Chambers, City Hall, 130 S. Galena St., Aspen, to consider an application submitted by Gibson Avenue LLC (c/o William Boehringer, Manager), represented by Haas Land Planning, LLC, requesting subdivision approval to subdivide the existing lot into two lots. The applicant proposes to demolish the existing single-family residence and redevelop the new lots in accordance with the Aspen Land Use Code. The address of the subject parcel is 805 South Avenue and is legally described as a parcel of land situated in the South 1/2 of th Â· Section 7, Township 10 South, Range 84 West o f the 6 Prlncipal Meridian, Pitkin County. For the complete legal description and for further information, please contact Scott Woodford at the City of Aspen Community Development Department, 130 S. Galena St., Aspen, CO (970) 920-5102, (or by email at scottw@ci.aspen.co.us). s/Helen K. Klanderud, Mayor Aspen City Council Published in the Aspen Times on June 5,2004 City of Aspen Account Smooth Feed SheetsTM Use template for 5160Â® ALLEN DOUGLAS P ANDERLIK CHRISTY ARTHUR STEPHEN F 520 E COOPER AVE STE 230 PO BOX 11843 PO BOX 4871 ASPEN, CO 81611 ASPEN, CO 81612 ASPEN, CO 81612 BENNIS CLORIE W REV TRST BREHOB SANDRA K BROOKS LAURIA J C/O CLURIE BENNIS 112 MAPLE LN 209 COTTONWOOD LN 515 WALNUT STREET ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81611 BURROWS ARTHUR & COLLEEN BROOKS MURRAY J BUDINGER WILLIAM COLLINS 850 GEORGIA AVE 728 EAST FRANCIS ST 410 N MILL ST #B-11 WINTER PARK, FL 32789 ASPEN, CO 81612 ASPEN, CO 81611 CENTENNIAL ASPEN CAMPBELL BEVERLY ANNE CITY OF ASPEN A LIMITED PARTNERSHIP 207 COTTONWOOD LN 130 S GALENA ST 100 LUKE SHORT CT ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81611 COLORADO PROPERTIES LTD CREEKSTONE ASPEN LLC COX ROBERT C/O KLEIN & BARENBLAT 4545 POST OAK PL STE 100 112 MAPLE LN 504 MILAM BUILDING HOUSTON, TX 77027 ASPEN, CO 81611 SAN ANTONIO, TX 78205 CROUCH DAVID CWG HOLDINGS LLC DANFORTH DAVID N 7118 SUGAR MAGNOLIA CT 163 JOHN ST PO BOX 1863 NAPLES, FL 34109-7831 GREENWICH, CT 06831 ASPEN, CO 81612 DAVIS SILVIA DETKO GEORGE J JR DRISKELL DOUGLAS 509 RACE ST 205 COTTONWOOD LN 200 COTTONWOOD LN ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81611 FABRIZIO BRUCE P & JUDITH FORDE CANDICE MARIE GIBSON AVENUE LLC 15922 PACIFIC COAST HWY 210 COTTONWOOD LN 330 PARK AVE HUNTINGTON HARBOUR, CA 92649 ASPEN, CO 81611 ASPEN, CO 81611 GOLDSTEIN GERALD H & CHRISTINE S GONZALES STEVE GREENWOOD GRETCHEN PO BOX 2045 105 MAPLE LN 520 WALNUT ST ASPEN, CO 81612 ASPEN, CO 81611 ASPEN, CO 81611 GRIFFITH LARRY R GRIFFITH PROPERTY LLC GUPTA FAMILY ENTERPRISES LP 13322 TIERRA OAKS DR 709 N SPRUCE ST 5711 S 86TH CIR REDDING, CO 96003 ASPEN, CO 81611 OMAHA, NE 68127 ~ AVERYÂ® Address Labels Laser 5160Â® Smooth Feed Sheets-rM Use template for 5160Â® HARRIS DAVID G & MARGARET ANN HAUENSTEIN WARD & ELIZABETH HAUER MINEKO 533 SPRUCE ST 535 SPRUCE ST 202 COTTONWOOD LN ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81611 HEATH JESSE B JR & HETTA S JOHNSON ELIZABETH A JUNG DENNIS PAUL & LISA KANE 606 N SPRING ST 115 MAPLE LN PO BOX 8351 ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81612 KAUFMAN STEPHEN M TRUST KELLY CHARLES M KESSLER CHARLES D & DIANNE A 3 RIVERWAY STE 1350 00208 COTTONWOOD LN 114 MAPLE LN HOUSTON, TX 77056 ASPEN, CO 81611 ASPEN, CO 81611 KING CHRISTOPHER & DONNA LEBBY NICK LAWRENCE TERRY & DEANNA M CLOUATE C/O LA COCINA INC PO BOX 942 PO BOX 3065 PO BOX 4010 PINE VALLEY, CA 91962 ASPEN, CO 81612 ASPEN, CO 81612 LEBOUTILLIER PHILIP G LOCARRO ROBERT MARSHALL ANN 113 MAPLE LN 211 COTTONWOOD LN PO BOX 10894 ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81612 MILLER LEE L MORSE JAMES A TRUST OAKES KEN 11575 FOLSOM POINT 107 SINCLAIR DR 204 COTTONWOOD LN FRANKTOWN, CO 80116 MUSKEGON, MI 49441 ASPEN, CO 81611 PETERSON ANNE BYARD ORTIZ MICHAEL PEEPERS HOLLOW LLC ANNE PETERSON RICHARDS BYARD 520 WALNUT ST 728 E FRANCIS ST C/O ASPEN, CO 81611 ASPEN, CO 81611 35 LOCUST MILL VALLEY, CA 94941 PHILLIPS JOHN E & LYNN D POWELL MARY FRANCES RATHBUN W DON 305 OAK LN 308 OAK LN PO BOX 1573 ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81612 RUTGERS ANTHONY L & DIANE L SEYMOUR EUGENE H & JUDITH K STONE PHYLLIS 512 SPRUCE ST 390 N SPRING ST 108 MAPLE LN ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81611 STROBL MARIO J TAYLOR LAKE EQUITY VENTURE LLC TUITE WILLIAM E 110 MAPLE LN 728 E FRANCIS 212 COTTONWOOD LN ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81611 ~AVERYÂ® Address Labels Laser 5160Â® Smooth Feed Sheets-[Vt Use template for 5160Â® UHLHORN FLORENCE M VAIL ROBERT VARE DARLENE DESEDLE TRUST 991 ISLAND PARK DR 307 OAK LN 1024 19TH ST #7 MEMPHIS, TN 38103 ASPEN, CO 81611 SANTA MONICA, CA 90403 VOLK RICHARD W FAMILY RESID TRUST WALDROP L MEL WEISS DAVID S 1/2 PO BOX 11911 209 COTTONWOOD LN 2327 MIMOSA DR ASPEN, CO 81612 ASPEN, CO 81611 HOUSTON, TX 70719 WIENERWILLIAM B JR YOUNG DENNIS & ANDREA ZUPANCIS ROBERT L 401 MARKET ST #1110 PO BOX 133 PO BOX 11481 SHREVEPORT, LA 71101 ASPEN, CO 81612 ASPEN, CO 81612 ~~AVERYÂ® Address Labels Laser 5160Â® PUBLIC NOTICE RE: SOUTH & GIBSON SUBDIVISION NOTICE IS HEREBY GIVEN that a public hearing will be held on Monday, June 28, 2004 at a meeting to begin at 5:00 p.m. before the Aspen City Council, City Council Chambers, City Hall, 130 S. Galena St., Aspen, to consider an application submitted by Gibson Avenue LLC (c/o William Boehringer, Manager), represented by Haas Land Planning, LLC, requesting subdivision approval to subdivide the existing lot into two lots. The applicant proposes to demolish the existing single-family residence and redevelop the new lots in accordance with the Aspen Land Use Code. The address of the subject parcel is 805 South Avenue and is legally described as a parcel of land situated in the South M of Section 7, Township 10 South, Range 84 West of the 6th Principal Meridian, Pitkin County. For the coniplete legal description and for further information, please contact Scott Woodford at the City of Aspen Community Development Department, 130 S. Galena St., Aspen, CO (970) 920-5102, (or by email at scottw@ci.aspen.co.us). s/Helen K. Klanderud, Mayor Aspen City Council Published in the Aspen Times on June 5,2004 City of Aspen Account 7-7-/*-. - -Il-./.-- -7..Il--. - .'..- ,/rf; P fEF>\~ COMMUNnY DEVELOPMENT V 3r. 130 S. GALENA STREET (62 PM ...~ ASPEN, CO 81611 re, ~, Â¤ZEZIEZI--~~~~~~~- - U' 10 JUÂ» 47 -ttd?tx :T Tn04 1 : -;EN'll 'OT DELIVERABLE = ~,92844 UNABLE TO FORWAR, RECEIVED MILLER LEE L JUN 2 8 2004 11575 FOLSOM POI FRANKTOWN, C 116 <3> PITKIN COUNTY C BUMING DEPARTMENT r- .--C- MILL575 494453610 1N 14 06/17/04 RETURN TO SENDER NO FORWARD ORDER ON FILE UNABLE TO FORWARD RETURN TO SENDER IX>MUt.NITY DEVELOPMENT 4 PM L <11 9-1 130 S. GALENA STREET .C.-/.---**#4.---'. ASPEN, CO 81611 4 <'10,1 / Pitktri County 63\ Community Develonment Depr 180 South Galen. .,tree; GIBSON AVENUE LLC Aspen. COÂ· 8161 j 330 PARK AVE ASPEN, CO 81611 ' : , 19 ,' Â·- 03 -T- r.:â€¢ Eifii-..2464 11â€ž1â€ž â€ž11,11â€ž 1 â€ž.11 1,11'llil d â€ž1,11â€ž,1â€ž1 â€ž11,11â€ž, d â€ž11 ./. M D U -- .---- -1.- Rt. e - i.. Ch , 0-4-- . CCMMUNITY DEVELOPMENT 92 Carr. Init - 02 130 S. GALENA STREET Date, C -4 ' A 4:; ASPEN, CO 81611 D Not D-erable As Addressed , D Wiable To Forward O Insufficient Address O Moved, Left No Address O Unclaimed O Refusedj ~Attempted-Not Known O No Such Street O Numb, O Vacant El 'llegiltic. C| No Mall Receptacle& r] G428O!WclAA*~ LLC CIA@12#*1~1611- GÂ£85330 816112005 1N 04 04/03/04 REFURN TO SENDER NO FORWARD ORDER ON FILE UNABLE TO FORWARD RETURN TO BENDER /yiNG.< ,- ing P PM ' 'A ...~-.--- -- q=#&--F (4 aol ..â€ž-,1.----â„¢.---- COMMUNITY DEVELOPMENT -, .1-.r../...&-- #442Â· 10 JIJN Â©j 130 S. GALENA STREET <b ..1,-1. - -/-& -'.,0 -.1.. ASPEN, CO 81611 :3344~/ VARE DARLENE DESEDLE TRUST 1024 19TH ST #7 SANTA MONICA, CA 90403 1 - 1 lilli i 1 . C . 90 r 00 I. -WI ' < ~05) 0:ji. 01 0 se/*fls' ' 32'/0 ,/ X' /V - ' h , < 7.1., 9 1 4 / f ... 580. . 0 4~ , ,. \ ' '' 805 SOUTH- LOT 1 , 1 *p â‚¬ 1 < '. it 1 1 14 '' 1 . 4.- I -'- ~ i. 2 1 +W ). 9 U -2- f 6 t \1 .: & + 7,1 , - ':- %*K . IÂ·t: ~ Original Lot \ ~ - 805 South Avenue , ' i. g 805 SOUTH , 2 1,919 61~. r i. a - ' 465 0.50 4 Ac.1 Â· Fd. # 5 LOT 2 , Set #5 Rebor & Plastic %.11-% % .*-< .- Rebor 15,079 SF / PLs if 29030 ' 't COP, 1 \ Z .- < - g .- B2. IJ~ '. ./ - . Ed. Rebor & Cop <~i I ' PU # 25947 IC.~ ;' / 77(/AR-:.~ it '.1~ '21 2.. ~ %.i i. :*. ~ 0 1 I 6,859 SF ...lt, r 4- 1 L.2 - - - <r t=- r .... Ed. Reber & Cap â‚¬ A r #6-4- li c, t. 6 PLS# 9184 K-,7 ke -- 9 09 .#.f,+ <44464 1*16\911- 1%\18\4 ERCEbse[> Urr- Fl-4 Notes 1) BASIS OF BEARINGS FOR THIS SURVEY IS A BEARING OF S.29'34'00"W. Kmprovement Survey Plat & Topographic Survey f / Mtness Comer m PLS # 9184 BETWEEN TWO PROPERTY CORNER MONUMENTS ALONG THE SOUTHEASTERLY -O . PROPERTY, AS MORE FULLY DEPICTED HEREON. - 0 2) THE PROPERTY SHOWN HEREON IS SUBJECT TO ALL EASEMENTS, g RIGHTS-OF-WAYS, OR OTHER RESTRICTIONS OF RECORD, AS SUCH ITEMS f 9- Situated in Section 7, Township 10 South, Range 84 West of the 6th P.M. AFFECT THIS PROPERTY. * ~ - 3) NOTICE: ACCORDING TO COLORADO LAW, YOU MUST COMMENCE ANY , C:* â‚¬O4Lwen, Pitkin Com:* Colorado 7959 LEGAL ACTION BASED UPON ANY DEFECT IN THIS SURVEY WITHIN THREE (3) 4 2- e * YEARS AFTER YOU DISCOVER SUCH DEFECT. IN NO EVENT MAY ANY ACTION 700 4 1@PI Z BASED UPON ANY DEFECT IN THIS SURVEY BE COMMENCED MORE THAN TEN 4-34342:!Po Â® (10) YEARS FROM THE DATE OF CERTIFICATION SHOWN HEREON. 90 -~26 4 4, 9242:91Â£&>,74, 20Â¢ %- 4) RIVER CITY SURVEYS WILL NOT BE RESPONSIBLE FOR ANY CHANGES 1 MADE TO THIS DOCUMENT AFTER IT LEAVES OUR POSSESSION. ANY COPY, 1% 1Er 'EsCTE> 0@t~mm#mmw : FACSIMILE, ETC., OF THIS DOCUMENT MUST BE COMPARED TO THE ORIGINAL $1 -74. e 44 4* 1.40 -- LEGEND -- ~dp Ye. u--7 5 4 0. SIGNED, SEALED AND DATED DOCUMENT TO INSURE THE ACCURACY OF THE 27.-6 \ INFORMATION SHOWN ON ANY SUCH COPY, AND TO INSURE THAT NO SUCH ~. 4-13..0 4 /n , r & Mask CHANGES HAVE BEEN MADE. // 7/8 Rebo 29030 ~ Â® Sewer Monhole @ Cleanout 54435'50Â¥' 191' 5) ANY SUBSURFACE UTILITIES NOT SHOWN HEREON, WERE NOT MARKED BY Â£ i wpen cop, - $ Phone Pedestal L.0 22 : 44 5.451 @ Droin 44 @ Elec Meter APPROPRIATE UTILITY COMPANIES AT THE TIME OF THIS SURVEY. lo'3[ EastfAIn5R~, CLIENT/CONTRACTOR MUST CONTACT SPECIFIC UTILITY COMPANIES TO /44 1 *Fire Hydrant @ Gas Meter 4 1'>41 Water Valve VERIFY BOTH THE LOCATION AND DEPTH OF RESPECTIVE UTILITIES. ADDITIONAL SURVEYING WORK MAY BE REQUIRED TO SHOW ANY SUCH f r \,f,0 4 \ -Ch . . Fa RGar & C~ 1 0 Water Meter (%. Well ~ y Â® Elec. Manhole SUBSURFACE UTILITY LOCATIONS ON THIS DRAWING. RIVER CITY SURVEYS .a WILL NOT BE RESPONSIBLE FOR PROTECTION OF SUBSURFACE UTILITIES NOT 4 MARKED ON THE GROUND AT THE TIME OF THIS SURVEY. 4 67/ 4 4017 0/3% 1 O Elec. Box * Water Monhole , 6) NO INFORMATION WAS MADE AVAILABLE, NOR WAS ANY RESEARCH 4 2/1 6 P/on te'r l PERFORMED CONCERNING BUILDING SETBACKS. THIS PROPERTY MAY BE 4 1 ~ SUBJECT TO SETBACKS OF RECORD, CITY OF ASPEN SETBACKS, PITKIN . ~4 0 VO \ ...41 4 1 ~ COUNTY SETBACKS, OR OTHER DOCUMENTED SETBACK AGREEMENTS, ETC. 4 04 \ \ \\ 6Â£1 Surveyor s Certificate 121 12 1- %40 <> 0. b \- 1 1 10/ 0510 LICENSED IN THE STATE OF COLORADO, DO HEREBY CERTIFY THAT THIS % 1, E. M 1, DAVID A. COOPER, BEING A REGISTERED PROFESSIONAL LAND SURVEYOR, 996 ks) U .0 \ Property Description \ IMPROVEMENT SURVEY PLAT AND TOPOGRAPHIC SURVEY WAS PREPARED BY 4 RIVER CITY SURVEYS, LLC., FOR WILLIAM BOEHRINGER, STANLEY E. A PARCEL OF LAND SITUATED IN THE SOUTH ONE-HALF OF SECTION 7, t. 0/ 1$ r-:1 1 1 % \ / a SCALE : 1 NCH = 10 FEET LAURISKI, ROSE MARIE LAURISKI AND STEWART TITLE OF ASPEN, INC., TOWNSHIP 10 SOUTH, RANGE 84 WEST OF THE SIXTH PRINCIPAL MERIDIAN, + A + v- 4& ~ 19' UNDER MY DIRECT SUPERVISION AND CHECKING AND THAT IT IS TRUE AND PITKIN COUNTY, COLORADO BEING MORE FULLY DESCRIBED AS FOLLOWS; /1 BEGINNING AT A POINT WHENCE CORNER 22 OF TRACT A, EAST ASPEN + < le ~ i~ ~144%~ CORRECT TO THE BEST OF MY KNOWLEDGE AI\ID BELIEF-. ADDITIONAL TOWNSITE BEARS SOUTH 44' 35'50" EAST 3.91 FEET; THENCE <~~ ~4. ~ l CONNECTIONS, ARE ENTIRELY WITHIN THE BOUNDARIES OF THE PARCEL, IT IS FURTHER CERTIFIED THAT THE IMPROVEMENTS ON THE ABOVE DESCRIBED PARCEL ON THIS DATE, October 27, 2003, EXCEPT UTILITY NORTH 65'03'32" EAST 7.45 FEET; THENCE 51.50 FEET ALONG THE ARC OF 0 + ..6~97 ferj ts> A NON-TANGENT CURVE TO THE LEFT, THE RADIUS OF SAID CURVE BEING 1Â«Â© câ‚¬-4~ EXCEPT AS SHOWN, THAT THERE ARE NO ENCROACHMENTS UPON THE 741.97 FEET, THE CHORD OF SAID CURVE BEARS SOUTH 8911'14"" EAST T 1 1 Ir*J 9 DESCRIBED PREMISES BY IMPROVEMENTS ON ANY ADJOINING PREMISES, 79453 L I 51.49 FEET; THENCE NORTH 84'23'24" EAST 143.54 FEET TO A POINT ON im ./ EXCEPT AS IND[GATED, AND THAT THERE IS NO APPARENT EVIDENCE OR THE NORTHERLY BOUNDARY OF THE SMUGGLER MOBILE HOME PARK; 9 + 61 ~ . PARCEL EXCEPT AS SHOWN, $ 4.ne,r.~ \ SIGN OF ANY EASEMENT CROSSING OR BURDENING ANY PART OF SAID ~ THENCE SOUTHWESTERLY ALONG SAID BOUNDARY, SOUTH 3711 '41" WEST * 2 6 '0.A Aft ~ THIS DOCUMENT DOES NOT REPRESENT A TITLE SEARCH BY RIVER CITY k 60.04 FEET; THENCE NORTH 4,08 FEET; THENCE SOUTH 29'03'05" WEST .~ ~0 + 4 \ SURVEYS, LLC. TO DETERMINE OWNERSHIP OR EASEMENTS OF RECORD, ALL 1 102.32 FEET; THENCE NORTH 61'48'00" WEST 7.00 FEET TO A POINT ON ~ INFORMATION SHOWN HEREON REGARDING OWNERSHIP, EASEMENTS AND 0 THE EASTERLY BOUNDARY OF PARCEL NO. 1 AS DESCRIBED IN INSTRUMENT y + ~pen Set , Rebar & 000 et. t \ RECORDED IN BOOK 488 AT PAGE 205, PITKIN COUNTY RECORDS; THENCE + \ A 11TL-E COMMITMENT PROVIDED BY STEWART TITLE OF ASPEN, INC., ORDER \ OTHER ENCUMBRANCES OF RECORD WAS OBTAINED FROM, AND SUBJECT TO SOUTH 29'34'00" WEST 108.00 FEET ALONG SAID EASTERLY BOUNDARY TO 0 / cop, NO. 41706, DATED JULY 14, 2003. THE NORTHEASTERLY BOUNDARY OF GIBSON AVENUE AS CONSTRUCTED AND CEO + \ CM.r-t'L~I.J.1 \ d100 81Â·.2% 1 ee' 0~=â„¢2241â‚¬.Ut/-T/M/Diff..Â»Iligrâ€¢143-~ IN PLACE; THENCE 165.06 FEET ALONG THE ARC OF A CURVE TO THE LEFT * f/ V C.Â« 'Â· 4 1 HAVING A RADIUS OF 940.00 FEET, THE CHORD OF SAID CURVE BEARS 4 1 l.:i Â·>'i i \ >IM. 11 *O<124/ NORTH 20'30'55" WEST 164.85 FEET; THENCE 37.34 FEET ALONG THE ARC 6 OF A CURVE TO THE RIGHT, THE RADIUS OF SAID CURVE BEING 220.00 ~ ~ AAIrl ' Aspen - David A. Cooper {FÂ° v',1.,p 11'rt FEET, (THE LONG CHORD IS NORTH 11'54'45" WEST 37.29 FEET; THENCE 0 : Colo. Reg. P.LS.#29~30 ~-~-' 4~,LN . :,D / 19.40 FEET ALONG THE ARC OF A CURVE TO THE RIGHT, THE RADIUS OF \ 1 3 \ 0 SAID CURVE BEING 37,60 FEET, (THE LONG CHORD NORTH 30'45'32" EAST 0 & - For, and On Behalf of 4.16. 8<21 19.19 FEET TO THE POINT OF BEGINNING. <f Y it \ di River City Surveys, L. L.C. h /, Â·Â·Â·Â·Â·â€ž.-* % 2Â¥' pen -2 Â· +1 ;4% + / 1 \ COUNTY OF PITKIN, STATE OF COLORADO. 9 Â©, / A.Pen , Â·.44 , Ck ..f -45 + t ~ 103 Aspen .1 \ i r * . \ '6 .=. 9 ,31 1 1 , L As en 1945 V e \ 1 ? ...'.6 -ld Cled / 4 4 ~ ~C~I ~ : 2 /7 / 619 Asp*n. ~ Â·. Â¢ S 99 -- c <4 Amp.1 . %3 2> 6 + / % yee\ / (af A.p..\ r f S f-1 1 - ~0999 - A 402% b V As ...pen 4 d>/6 / 4 n \ , 6 2* I . ' : i-,1,-:0.!14 49/ 44/. f d \ \ Ar.. i.,Â»per. 4 -vt N ki-< t'*b.: ~4 \ / r~ki ' / 1 r - - 1. V t<J.....p. 6#Â·i, __UA /#/....%46 44 1 X '73*IÂ« Aspen \ , \ 17 1 .SLA\, 1 Pal .' i '70Â· 4 '2 r Â°y'Af e 91 r I T 1- 1 1 # 25947 4 - 1 -/ 04. A,p-n f ye . 1 4 \ 1 - IN 6 -2 f. - 7964 1 A.Pen /0 .4 1 IN \ " COM 1 I It 1 ./ h) 1 . * 1 1 #' .7963 O 4 1 0 -z- - 1 b ~ t 4. 6 \ \ e -0 0 + e / 1 \ -~1~ -T~, 1~ ~ ~r~~~ f. 9 ~/ 1 1 / + 149ndow Conc 1 2L 0&# I k .'u '1Â· 1 -Â° 23.7' \ 1965 1 + 4 it 4.4' 0 4 + 1 4.4 , 8Â«60049/tpÂ« 1 11 1 1- \ if ~C#* AsÂ®oR Driveway i 0.5041Â· Ft. 26 rlle Family Residence 1\ 11, 1.1. S 0 0 1 90 i X \ 0 .dow ~ 42--4 3% 1 NI 1. 1 A / N : 1 I \ E r 4 4 We// \ ':Lâ€¢ 4 0 Aspen - 1 - r i -- 1 <2027 1966 - 1 1% Wojd Frame Construction 9 1 1 ' 4 V'50. , \ n I Â» \\ --r 28.1' I 1 . \\ b _1 0 11. 50 \< \ It f f ,.. Al ?. dood 1 py.Fet ~64** .1 92' I -l 44% &5 ' \E --- 0-en \ Basis of Bearings 1.)... .. 1lip 1 *--21~1=2~~*1&-&-F-X_az-x . 1 \ --X-- 4 P Noe.00 --- j / &57941'W 7 6%204' \ -- tor / 1\ (06 C-3 1 -- 62934'00W 0 \ \ /9/5 \ Ed. Rebor & Cop GÂ© 1-x 7 \ 1 p--1 1,1 1 28 \ 43 \ Reer (Spruce St Esmt.) \ C. 1 1 \ \ 11 9- 'a â‚¬4.16 5 \ 0 F. \ I \ \ 4-x-x-x-x- v-*62566:,LZE;L......v - 4 m 13 - 1 - <Foce / * 25,44(4 13% \ --\ 13'0Â£ Sule h FREPAREP APR: , 0 -- r S 92 Cap \ ) 0 I. 0 \ ' ~ ~,0005-lx-i?~:~ William Boel'ringer -9 i \ rk \ 2 1 i 9, 1 C. 1 9# / 9, DOD Splet Stanley and Rose Lauriski (5mumbr Park Suk - Eaumsnt) / CA l ~ e \ I 11 1 ts / 4 06 616 0.2 44p ' ,;\ ?tewal Tfils of A*pan, k 'A 42 ti ) \ \ S \ 1 e \ 4 00:Â· â‚¬1 \ e to \ \ FO \ s job# 3164 sheet # I \ / 61% 4 :2. Comer 1 of (0000 1 \ ~ phone 970-945-6019 / 1 \px 970-945-6022 / ~ plotted . 10/27/2003 12: 03 Py A/ 3164 Boehringer Topo Sec 7 Aspen.dwg - - A AN APPLICATION FOR APPROVAL OF SUBDIVISION AND GMQS EXEMPTION REQUESTS FOR 805 SOUTH AVENUE 1 4 Submitted by: Gibson Avenue, LLC c/o Mr. William Boehringer, Manager 330 Park Avenue Aspen, CO 81611 ,1 9 Prepared by: HAAS LAND PLANNING, LLC 201 North Mill Street, Suite 108 Aspen, CO 81611 phone: (970) 925-7819 fax: (970) 925-7395 email: mhaas@sopris.net PROJECT CONSULTANTS PLANNER Mitch Haas, AICP Haas Land Planning, LLC 201 North Mill Street Suite 108 Aspen, CO 81611 (970) 925-7819 r ARCHITECTURE/SITE PLANNING Dylan Johns, A.I.A. Zone 4 Architecture P.O. Box 2508 Aspen, CO 81612 (970) 544-9041 SURVEYOR David A. Cooper, P.L.S. River City Surveys, LLC P.O. Box 213 Glenwood Springs, CO 81602 (970) 945-6019 e LEGAL Shane Harvey, Esq. - Holland & Hart, LLP 600 East Main Street A Aspen, CO 81611 (970) 925-3476 SOUTH & GIBSON SUBDIVISION APPLICATION 1 TABLE OF CONTENTS PAGE I. INTRODUCTION...................................................................... ....1 II. PROJECT SITE & NEIGHBORHOOD (Existing Conditions)........ ............u, â€¢ Vicinity Map..........................,.,.....,......Â·Â·Â·Â·Â·Â·Â·Â·-Â·Â·Â·Â·Â·Â·Â·Â·Â·Â·Â·Â·Â·Â·Â·Â·-Â·Â·Â·Â·Â·Â·Â·Â·Â·Â·3 III. PROPOSED DEVELOPMENT........ IV. REVIEW REQUIREMENTS...............................................................8 A. GMQS Exemptions.................................................................8 B. Subdivision Approval.............................. .............-....................10 C. Residential Design Standards.................................................14 V. VESTED PROPERTY RIGHTS..........................................................14 EXHIBITS Exhibit 1: Land Use Application & Dimensional Requirements Forms Exhibit 2: Pre-Application Conference Summary Exhibit 3: Proof of Ownership Exhibit 4: Letter of Authorization to Represent the Applicant 4 Exhibit 5: City Council Resolution No. 71, Series of 1995; and, the Settlement Stipulation (in the matter of Stanley E. Lauriski, et. al. V. Ruth C. Bisel, et. al., Civil Action No. 93 CV 259-3, In The / District Court of Pitkin County, Colorado) Exhibit 6: List of Property Owners within 300 Feet of the Subject Property Exhibit 7: Signed and Executed Fee Agreement I. INTRODUCTION 1 This application requests subdivision approval and GMQS exemptions for - ' the creation of two lots where only one currently exists. It is also requested that vested property rights status be granted along with the project's land use approvals. (See Land Use Application Form and Pre-Application Conference Summary, Exhibits 1 and 2, respectively.) The subject property is zoned (R-6) Medium-Density Residential, and is located on the corner of South and Gibson Avenues. The project site currently includes a single-family residence but exceeds the lot area requirements for a duplex (or two detached residential dwellings). This zoned density potential provides two GMQS exempt residential reconstruction credits, thus allowing for the creation of two residential lots, as further explained later in this application. Gibson Avenue, LLC, (hereinafter "applicant"), owns the subject property (see Proof of Ownership, Exhibit 3). Authorization for Haas Land Planning, LLC to represent the applicant is attached as Exhibit 4. Exhibit 5 provides copies of City Council Resolution No. 71, Series of 1995 and the Settlement Stipulation (in I the matter of Stanley E. Lauriski, et. al. V. Ruth C. Bisel, et. al., Civil Action No. 93 CV 259-3, In The District Court of Pitkin County, Colorado) that was approved by said Resolution; the significance of the documents provided in Exhibit 5 are explained later in this application. A list of property owners located within three-hundred feet of the property and an executed application fee , agreement are attached as Exhibits 6 and 7, respectively. This application is submitted by Gibson Avenue, LLC, pursuant to: Section 26.480, Subdivision; Section 26.470.070(A)(2); GMQS Exemption for Reconstruction of demolished units; and, Section 26.470.070(B) - GMQS Exemption-Single Family and Duplex of the Code. 1 I This application is divided into five sections. Section I provides a brief , introduction to the application, while Section II describes the project site and ~, neighborhood. Section III outlines the applicant's proposed development, and Section IV addresses the proposed development's compliance with the applicable review criteria of the Code. Section V is a request for vested property rights status. For the reviewer's convenience, all pertinent supporting documents relating to the project (i.e., proof of ownership, etc.) are provided in the various \ exhibits to the application. While the applicant has attempted to address all relevant provisions of the j Code, and to provide sufficient information to enable a thorough evaluation of the application, questions may arise which require additional information South & Gibson Subdivision Page 1 and/ or clarification. Upon request the applicant will provide such additional information as may be required in the course of the review. 1 South & Gibson Subdivision Page 2 II. PROJECT SITE & NEIGHBORHOOD (Existing Conditions) The subject property, 805 South Avenue, resides at the corner of Gibson and South Avenues and to the west of the Smuggler Trailer Park. It has a Parcel Identification Number of 2737-073-00-031 and was originally annexed into the City of Aspen as part of the so-called Williams Addition. The lot is triangular in shape with two of its sides defined by the aforementioned streets and the third side bounded by the trailer park. The approximate location of the property is indicated with a star (*) on the Vicinity Map provided below. â‚¬ MA/WE#f' - 7 - 4 i i 01 i loom 3 i Â». _- ' 90Oft a \ 1 '% 4 1 4>yph'' l 'i X 1 --* I 1.1 1 . f *pfuePtl / ~ rÂ·..q)e'Bte 6.1 4 )*--4--11 1 960#0-Â·f 1 ig ,t\F f f&19&54%9* st $ 2~11-94 -2.-1 +1 '111-124 i tÂ©Â»aa PA~Â·* Â·?3':4' [p;'ark.43.- 2. 2& j 3 0*Â»glk Â·44%(-4 01 W./ fly' i n VIi 15[1 6.1 f 1 -7 f-4-0/8 U 4.01 67 ' -164142'41 ~ --last,Rgyottatei ~ Midland Park Pl ,L W,=Sein '-0427--~*>9-1-Â·257~ap:*:4~:~Â£pÂ· :rtier K.0.07 % ... C.'.~ 1 & 02003 Mapa~st.com. Inc.: 02003 GDT. Inc.-. : i .'~~~1Â·'*~0--' k ' ~ ~<~ Vicinity Map - 805 South Avenue Existing improvements include one detached single-family residence and two small sheds (approximately 75 square feet each). Per the records of the Pitkin County Assessor, the existing residential structure was built in 1974 and includes three or four bedrooms and two bathrooms. Vehicular access to the existing residence is gained from South Avenue via a large curb cut and asphalt driveway. Another curb cut and access is maintained off Gibson Avenue. The property contains several trees (mostly around its perimeter) and is essentially flat with no slopes in excess of ten percent. For a detailed illustration of the existing conditions, please refer to the accompanying Improvement Survey Plat & Topographic Survey, prepared by River City Surveys, Inc. and dated October 27,2003. As depicted on the survey, South & Gibson Subdivision Page 3 *00:08 Alke fÂ·/ 1 Nal# \. Improvement Survey Plat & Topographic Survey 1) BASIS OF SEAR1NGS FOR THIS SUR'/EY ISA BEARING OF S. 2934'00-W 8ETWEEN TIO PROPERTY CORNER MONUMENTS ALONG Th E SOUTHEASTERLY Â· 0 1 PROPERTY. AS kIORE FULLY DEPICTED HEREON. 2) â„¢E PROPERTY SHOWN HEREON IS -UBJECT TO ALL EASEMENE, li 6 9 ~ Situated 5% Section Z 7-2,10,#gh#, 10 South, Range 84 PP'kft â‚¬f)ke 6-th P.M. RIGHTS-OF-WAYS, OR OMER RESTRICIONS OF RECORD. AS SUCH IRS Â·t - AFFECT THIS PROPERTY. 4 -k # 3) Nona ACCORDING TO COLORADO LAW, YOU MUST COMMENCE ANY 2 f 7959 - 4 LEGAL ACnON MID UPON ANY DEFECT N IHIS SURVEY WITHIN THREE (3) -2 ~~ City qfkspet, Pitkigit CoÂ·uy*, Colorado YEARS AFTER YOU DISCOVER SUCH DEFECT. IN NO EVENT W AY ANY ACTION @ BASED UPON ANY DEFECT N THIS SURVEY BE COUMENCED MORE THAN TEN + (10) YEARS FROM THE DATE OF CERTIRCATION SHOWN HEREONI 3 4) RI'/ER CITY SURVEYS Ma NOT BE RESPONSIBLE FOR ANY CHANCES â‚¬ d < 5 .41â‚¬ Â» ';G>Â· MES'E> 1 MADE TO THIS DOCUMENT AFTER IT LEAVES OUR POSSESSION ANY COPY. r FACSIILE. ETC . OF THIS DOCUMENT MUST BE COMPARED TO THE ORIGINAL / 1 96 91 - LEGEND - SIGNED. SEALED AND DATED DOCUhIENT TO INSURE THE ACCURACY OF THE Â· 4 4 . U.=. \, / INFORMATION SHOWN ON ANY SUCH COPY AND TO INSURE THAT NO SUCH kai' Wâ€ž 7 .51-33'.> ~ 9 1. CHANGES HAVE BEEN WADE a Â® Sewer 'Inhole . Cieer,t 4 +144) - Â® Phone Pedest/ Â©Drcin 5) ANY SUBSURFACE UnUIES NOT SHOWN HEREON, WERE NOT MARKED BY w //0'~i , :r Â·zy, Â· 84 44 0 Dec Meter APPROPIATE UNUTY COMPANIES AT THE IME OF THIS SURVEY , ' ~60 400*k E.'re""P - - 48 29.1 1. - M Water vclve Â® Gom Meler CUENT/CONTRACTOR IUST CONTACT SPECIFIC UTILITY COMPANIES TO , 44 : miIci Â»V VERIFY BOTH THE LOCAT,ON AND DEPTH OF RESPECTIVE UT}Un ES &0 24 d \ ./ ' A i ADDITIONAL SURVEYING WORK WAY BE REOUIRED 70 SHOW ANY SUCH 6 , ./.3 - *Fire Hydront SUBSURFACE UT LITY LOCAT]ONS ON TES DRAWING RIER CITY SURVEYS ; - 8 Elec. Box WILL NOT SE RESPONSIBLE FOR PROETION OF SUBSURFACE UnunES NOT I. 4, LeAV ; -4- LL 0,-I - 4- 1 i k -4 (30 MARKED ON THE GROUND AT THE INIE OF THIS SURVEY 78 0 Elec .cnhole . : e Water lorhole 5) NO INFORMATION WAS MADE AVAJLABLE, NOR WAS ANY RESEARCH 7 404 44 9 - A PERFORMED CONCERNING BUILDING SETBACKS THIS PROPERTY WAY BE 4 9#5 # 0 Â»r Meter 4/ k 1 -1 N / 1 N SUBJECT TO SETBACKS OF RECORD, a TY OF ASPEN SUBACKS. PITKIN F 3 COUNTY SETBACKS, OR OTHER DOCUUENTED SETBACK AGREEMENTS, Ele. 4 . i 6/ 7.- \ 1.4.\\ -./ ' 8 4 2 2 ~ ,<4 0 , 0 5 ]0 LICENSED IN THE STATE OF COLORADO, DO HEREBY CERIFY THAT THIS < 0 Survever's Certificate 7 -7-'Â·â‚¬'m; .W:Â»â€¢ aA -eA-epr:'VÂ°%'12'7991'87 k.,r k<, #t/-/9- . \ / ~t Progertv Defieription & 4 ELL IMPROVEMENT SURVEY PLAT AND TOPOGRAP HIC SURVEY WAS PREPARED BY 1, DAVID A COOPER, BING A REGSTERED PROFESSINAL LAND SURVEYOR. ~ -4 RIVER CITY SURVEYS, LLC , FOR NUJAM BOEHRINGER. STANLEY E 3/ / A PARCEL OF LAND SITUATED IN THE SOUTH ONE-HALF OF SECION 7. 9 . h~; t ~ I '54 â€¢ e FEET TOWNSHIP 10 SOUTH, RANGE 84 WEST OF THE SIXTH PRINCIPAL MERIDIAN. Â· 1'#KI, R HARIE AND STEWART TIZZI / ASPEN. INC . UNDER MY DIRECT SUPERVISION AND CHECKiNG AND THAT IT 15 TRUE AND ~ PITKIN COUNTY. COLORADO BEING WORE FULLY DESCRIBED AS FOLLOW& 1 4/ k /T 1 A CORRECT TO THE BEST OF key KNOWLEDGE AND BELIEF- , BEGINNING AT A POINT WHENCE CORNER 22 OF TRACT A. EAST ASPEN i .//4 ~ /B *c \ .4 4 NT 15 FURTHER CER PHED THAT â„¢E IMPROVEWENTS ON THE ABOVE ADDITIONAL TOWNSITE BEARS SOUTH 44' 35'50Â» EAST 3.91 FEET; THE}ICE 6 \ DESCRIBED PARCEL ON 1/6 DATE. October 27, 2003. EXCEPT UTIUrf NORTH 6903' 32 EAST 7 45 FEET. THENCE 51 50 FEEI ALONG THE ARC OF Â·Â· A NON-TANGENT CURVE TO IHE LEn. THE RADIUS OF SAID CURVE BEING 'r ./. -0 1 4, EXCEPT AS SHOWN. THAT THERE ARE NO ENCROACHMENTS UPON THE 74.97 FEET, IHE CHORD OF SA!O CURVE BEARS SOU1H 5911'14-Â» EAST f , : 1. 1 \ B 51 49 FEET: THENCE NORTH 84'23'24 EAST 143.54 FEET TO A POINT ON i . 6 EXCEPT AS INDICATED. AND THAT THERE 3S NO APPAREN T EVIDENCE OR THE NORTHERLY BOUNDARY OF THE SMUGGLER MOBILE HONE PARK, , j SIGN OF ANY EASEMENT CROSSING OR BURDENING ANY PART OF SAID THENCE SOUTHWESTERLY ALONG SAID BOUNDARY. SOUTH 3711 '41 WEST 6 JO , 17.~ 4 â‚¬,1\4/ 3,34 1 PARCEL. EXCEPT AS SHOV,IN. THIS DOCUMENT DOES NOT REPRESENT An TIE SEARCH 8Y Rt,ER CITY 80 04 FEET: THENCE NORTH Â¢08 FEE P THENCE SOUTH 29Â·03'05'WEST 3 , ~ - 4 44. CONNECTIONI ARE ENTRELY WITHIN THE BOUNDARIES OF RE PARCE. / DESCRIBED FREMISES BY /PROVEMEN TS ON ANY ADJOINING PREMISES. SURVEYS, L,LC. TO DETERMINE OWNERSHIP OR EASEWENTS OF RECORD. ALL r 102.32 FEET. THENCE NORTH 61'48'00 IST 7.00 FEET TO A HINTON 3 THE EASTERLY BOUNDARY OF PARCEL NO 1 AS DESCRIBED IN INSTRUMENT r ,:f ~) />e - RECORDED IN 8001( 488 AT PAGE 205. PITKIN COUNTY RECORDS; MENCE 3 -' 0~ -- . 50 01HER ENCUMBRANCES OF RECORD WAS 08TAINED FROM. *ID SUBJECT TO ~ 50[ *cY,NX:*0.11 Li~*-10 e INFORMAnON SHOWN HEREON REGARDING OIJERSHIP. EASEMENTS AND \ 5OUTH 2934'00- WEST 108.00 FEET ALONG SAID EASTERLY BOUNDARY To Â·. f THE NORâ„¢EASTERLY BOUNDARY OF GIBSON AVENUE AS CONSTRUCTED AND ' HAVING A RADIUS OF 940 00 FEET, THE CHORD OF SAID CURVE BEARS 1- m'*=r-â€žiÂ·*:~m,cm~ huTLE COWA,t?MENT PROVIDED By 57EWART ITLE OF ASPEN INC., ORDER " NO 41706, DATED Ally 14. 2003 IN PLACE: THENCE 165 06 FEET ALONG THE ARC OF A CURVE TO THE LEFT = / / / / 4 i ' NORTH 20'30'55 WEST 164.85 FEET: THENCE 37.34 FEE f ALONG THE ARC 2 / 41 1% /3.4 OF A CURVE TO [HE RIGHT, THE RADIUS 0. SAID CURVE BEING 220.00 I i ~ , fla FEET. (THE LONG CHORD IS NORTH 11'54Â·45- WEST 37.29 FEET, THENCE 2 .~ ~ j+ < 44 Dayid . Coope g . 9 .- A--1 \ 4 I \ 11,722Â£2 261Ef 12UGUUM~Â·rfrsEAM 't ' CS' 4~ Colo, Reg. P.l.S. # 29030 5. - b ., 1 1 4 For, and on Behalf of ~ - p 19.19 FEET TO THE POINT OF BEGINNING 47 J 49 1 / ' + Â·2. i COUNTY OF PiTKIN. STATE OF COLORADO Â·/ -Â·e \ A 8 /22- / I t. / 0 k Jrj,51 i 1 0 /5-il.#I:/O.-VeÂ·.7 f./3,/6:.I:*I;=a,Fal.-89'*0....2.-&'T: â€¢.'Â· ./ .4,â€¢ â€¢ . ~ . Lf, \ River Cily Surveys, L.L.C. . i \ V A. 2 1 , /2,6. \ . 3 lâ€¢ 1 3 + '32 1 (FI ,> ..rh '.Th.:...1 9 \\ 47/ . .1 6. \ 41 <t \ 6 4 <f ..49 1 i 2/1 - 1 \ 0Â·. :14'3* N 70-1 -2:et . , 1 ,)** *I 3 --- I~ * \ f 63* 71Â¢fy, /1 1 1.- - ...r . . ..,221 . 1/ T*.2 - It Â·" Â» \ Â¢de . \ : . -1 1% 4 L ''1 7964__~~_.#I. --\ 37 - 1 - -1-,-1 .\.X \.../ 1 .' ; U.UE,k~_ in 1 / 31 3 , ' 1 & ..i \ 0 : -2 805 C .,0..... 1, 1 ... ... 1 I 4 .&6%4 + 9&./ , -2-_10 23.7 . ~ 7, 3, 21.SBa AveMOe 4 4' m. 6 .. '.:.. 0 /9 16 V X . , Sla / 1 1% j 3 0/ 0.504 4.* Single Family Residence #- el /. Wood Frome Construction e I. j / 0 2: . C Â·1 91 LI , 12' : U. X 4 0 i 6 .â‚¬- 46 0'_ 7966 N .- -t-,1 \ i \ ff// 28.1 ' I - __-_------------m'.111'.- ---t-9-I . \ 1\ r . , 1 *st-R.~ T 10 "' ~ Set 0 -a - \ T If . 1 s -3** 4/ */0 431/ / Basis of BeatifYS -9-' - -' p:Ik~449 \ - \ - f 2019953?fi- - 0* &5 / MON \ 537Â°tr41'w 226Â¥' \ 2 1 f ~ Â·c, 52954~00'W , 1 \ 1.â‚¬1 1 94. 1% %.1 1- \ 1 :.\ \ -3 / -24 -'31 i T*~ ~,iT 5697-- F<EF-,RED FORF - A \ â‚¬?41 _ b ' 1 JÂ· '= 2Â·eÂ·r.1!r i - ele -0 1 1 - -2 1 1 \ 5-1 1 < 51 \ -93. /9 +L--12'JIR 1~7 ~A 2-Â·COUit- f , 4% '6<2,44.92*E,â‚¬#7* .3.84 -.FlkeiÂ»,90 / +4 1 /2 -ft T.} 11& 9- -= 1 \ 0 1 / 1 4 1 1 +R 1 - - 1 20 * I -1.' . i ** z ur- I . La 1 - 1 1 1 1 ' 1 1 ~ #lan.42*918-60 1 , tax LinÂ·NitÂ·lum -.*=14=-t, r -- iÂ»REA=*6:,les**0*1*ece*awÂ¥A,Wu=Â«10*RY,E~;W:Ut< 9. 2 '-4: r 'i..5.49Â·,~=W.~4â€žu . Â·'Taw't.*Â·Â·4 Â·9,~&â€¢Â· f.YerÂ«FÂ»wz"aâ€¢A k im.2 -Â»Ir-4.24 *M#: 80*46 04â€¢ 04â€¢Â·/A:â€¢.7.~Â¥/INU31,1...er,wip 'Ler>. \ several public improvements, such as but not necessarily limited to an electric vault, an underground electric line, a street light and a portion of the Gibson f Avenue roadway, have been constructed on the subject property without easements. This is not uncommon on the east side of town, and the applicant will be amenable to either relocating these improvements or providing easements (as appropriate and mutually agreed) provided such activities do not in any way affect the property's development potential or the otherwise applicable dimensional requirements. The property is zoned R-6, Medium-Density Residential. The "Purpose" of the R-6 zone district is "to provide areasjor long term residential purposes with customary accessory uses. Lands in this zone district are generally limited to the original Aspen Townsite, contain relatively dense settlements ofpredominantly detached and duplex residences, and are within walking distance ofthe center of the City." The list of Permitted Uses includes detached residential dwellings, duplexes, two (2) detached dwellings on lots 9,000 square feet or larger, home occupations, accessory buildings and uses, and accessory dwelling units meeting the provisions of Section 26.520. The existing detached single-family residential use of the subject property is in conformance with the permitted uses of the R-6 zone. The property is served with natural gas by Rocky Mountain Natural Gas, with electricity by Holy Cross Electric Corp., with telephones by Qwest with sewer by Aspen Consolidated Sanitation District, with water from a well (apparently not connected to City of Aspen Water --- connection to City Water 4 will be required upon redevelopment and tap fees will be due as applicable), and with fire protection by the Aspen Fire Protection District. Water lines exist in the surrounding streets (an 8-inch diameter main is in South Avenue) and a fire hydrant is located near the corner/intersection. , Based on the Pitkin County District Court Settlement Stipulation in Case Number 93 CV 259-3 (dated December 20, 1995, hereinafter referred to as "the Settlement," and included herewith as Exhibit 5) the property itself has an area of 21,937.92 square feet (hereinafter "the Parcel"). As part of the Settlement the City of Aspen was given the right to construct a sidewalk along the northerly edge of the property (parallel to South Avenue). The sidewalk area contains 943.466 square feet and was quieted to the City of Aspen (hereinafter "Parcel B"). Parcel B lies adjacent to but completely outside of the Parcel. Between the sidewalk (Parcel B) and the South Avenue roadway is a strip of land containing 2,145.30 square feet, which was also quieted to the City of Aspen (hereinafter "Parcel C"). These parcels are identified on the accompanying Improvement Survey Plat & Topographic Survey, prepared by River City Surveys, Inc. and dated October 27,2003. South & Gibson Subdivision Page 4 In effect Parcels B and C have become part of the South Avenue right-of- way. However, certain important reservations were outlined and agreed to in the Settlement. First and most importantly, item number 2 in the Settlement 1 -' states that "For purposes ofanyjilture application ...fora development order ... the property described in Exhibit A [the subject property/805 South Avenue] shall be deemed to have an area of 22,882 square feet." Therefore, the subject property has an effective lot area of 22,882 square feet for purposes of determining the allowable density, floor area and the general implications of the dimensional requirements applicable pursuant to the underlying R-6 zoning. Basically, while the previous owners of the property agreed to quiet title to the City of Aspen for purposes of building a sidewalk, they made sure that no development rights (i.e., allowable ~ floor area, density, etc.) would be lost in doing so. Next title to Parcel B (the sidewalk) was quieted to the City of Aspen but with the non-exclusive reserved right of the 805 South Avenue owners (and their successors) "to use, occupy, and enjoy said property [Parcel B] except to the extent that the City ofAspen shall undertake construction ofa public roadway, sidewalk, underground utilities or underground drainage facilities or other public improvements." Thus, as mentioned above, Parcel B effectively became part of the South Avenue right-of-way; however, the owners of 805 South Avenue maintain certain non- exclusive rights to use the area in a manner that would not interfere with the City's ability to use it for public purposes. City Council Resolution No. 71, Series of 1995 (see Exhibit 5) memorialized the City's acceptance of the above-described terms of the i Settlement. The surrounding properties to the north and south include single-family detached and duplex residences. Many properties have recently or are currently L/ under redevelopment. The Smuggler Mobile Home Park (Lots 200, 202, 204, 101, Maple Lane and an open space parcel) is located next door, to the east. l South & Gibson Subdivision Page 5 III. PROPOSED DEVELOPMENT The Applicant proposes to subdivide the 805 South Avenue property into - two lots as shown on the proposed South & Gibson Subdivision Lot Plan (see the following page). The property is considered to have an effective area of 22,882 square feet pursuant to City Council Resolution No. 71, Series of 1995; however, the resultant lots do not include the actual area referred to in the preceding section as "Parcel B." Consequently, the proposal subdivides 21,938 square feet of actual land into two lots, hereinafter referred to as proposed Lots 1 and 2, South & Gibson Subdivision. Proposed Lot 1 has an actual area of 6,859 square feet and proposed Lot 2 has an actual area of 15,079 square feet. Given the terms of the Stipulation approved via Resolution No. 71, Series of 1995, Lots 1 and 2 will have effective lot areas of 7,184 square feet and 15,694 square feet respectively, for purposes of determining allowable floor areas. That is, the so-called "Parcel B" adds 325 square feet of effective lot area to proposed Lot 1 and 615 square feet of effective lot area to proposed Lot 2 for purposes of determining allowable floor areas. The lots will eventually be redeveloped in accordance with the R-6 zoning and other provisions of the Land Use Code. Using the reconstruction credits concept described in greater detail under the GMQS Exemptions section of this application (below), the existing property maintains two (2) GMQS exempt residential reconstruction credits by virtue of being capable of supporting a duplex or two detached residences as a permitted use. As such, the property can be subdivided in compliance with the dimensional requirements of the R-6 zoning and the reconstruction units can be developed anywhere on the property that is consistent with the R-6 dimensional requirements and other applicable requirements of the Land Use Code. The subdivision will allow the two reconstructed units to be placed on separate, fee simple lots. The resulting lots will comply with the minimum lot area and lot width requirements of the zone district, and the reconstructed homes will comply with the other dimensional requirements of the zone district. Furthermore, since the fathering parcel has an effective lot area of 22,882 square feet there is enough land in the subdivision to create two lots of at least 9,000 square feet each. This would allow development of one single-family residence, two detached single-family residences, or a duplex on each lot. However, the proposal involves creation of one lot with an effective area of 7,184 square feet and another lot with an effective area of 15,694 square feet. Therefore, the potential density has been reduced by one dwelling unit since proposed Lot 1 cannot support two dwelling units under the R-6 zoning South & Gibson Subdivision Page 6 provisions. Of course, with each redeveloped unit the requirements of Code Section 26.470.070(B) will have to be satisfied. Architectural and landscape designs have not been completed for the proposed project. However, the applicant intends to comply with all applicable Code requirements relating to these design elements. As an example, exterior lighting will be held to a minimum and feature down-directional, shielded fixtures so as to comply with the provisions of the Outdoor Lighting regulations. Also, existing trees on site will be protected to the greatest extent possible, and I the Residential Design Standards will be adhered to unless variances are properly obtained. South & Gibson Subdivision Page 7 South & Gibson Subdivision , Proposed Lot Plan P 1 /i 1.1 0 1 4 1 448. 10 . ce\10=2904 9 Of Â»9 - A. 4 4%7% 9'~ ~A' . 0 1/ - 2% f 44..4 3 //: 231 .1 f Â¥ 0 06 0\\ 1 1 0 14 0 4 x 2 04 / li 4, 1> f 6 4* 2 g 0006.Oh / . r.h. It 1 0*21 I. R> â‚¬ 1 G / 805 S TH . 4 '. 11\ Â«4.- 0 - 6,8 9 y I j... \ m.*-9 Â¢ - I ly'<2 / 1 . / in. 47 0 , 4 11\ / , -- / 1/ I I // 2 0 1 9 1 , 1 J \ 91 0 - M \ 1 . *3 < 43% \ jul - 1 - Â«Â·i i + 4 . - a. -2.11 I - 9 2+2 - M 1 --- - . 1 f 11 33 1 7 <0 *V, I 4 5,- 1 1 ~1 5 Giow i 1 I I 3" i #. I P} I 4 Original Lot - yj - Â«41.. 9/ I tÂ«Â«~Â«Â« 9- 9 2 & f - 805 South Avenue 4 0. 1 Â§,(2 4 Â·67 1 1 h 805 S TH + 21.938 Sq. Ft. =t #p~* u/fu 4 be m Â£ 2 1 LoT 2 . 0.504 Ac.1 ts, / + (Spruce St Esmt) 44$.,0 _- 60.04 0 23 /1 1 15:0 - ~ Â· 1--- 1 4 . -~ =--<1'41"W 102.32' rih \-4, T L / / 0.0 Nx \ e Cl'* 1-1 4.2 . 1 /4 C. =- 4 G .t-\ '061 4 ,~,33~ ~ 1 LE-49' /: 1 4 1* 4.4 49 / 51 4 ~Â«Â·*Af... / C>,76 Ill 9 0' - 42. ./ Alj 2 .4-1 13. .0/ 2 e /f j /4 ~~* of-*z*- - i *4-%4 *444 '49 4 9 \ Busis 02 Ge/fr \' 02,5 q. /0 4 3 11 ... r % 1 1 0 '24'00-W \ 40 1 .1 52LL./ Â»C> / =0 jij -- /9/ / 1 1 1 /l 6-1/. 1 40 00 \ \ 4 f <0/ 1 xe, ' ~ent) 42 - E*7 ~~~~~ ~(Suquggler Pork Su' ~~ ~ ?V \ IV. REVIEW REQUIREMENTS / The proposal requires subdivision approval and approval of exemptions - from the Growth Management Quota System (GMQS) scoring and competition procedures pursuant to Section 26.470.070(A)(2) and (B) of the Code. This section of the application is organized by applicable review standards, with each set of standards provided as a sub-section hereto. Under each sub-section, every individual review criterion is presented in indented and italicized print and followed by a response demonstrating compliance with and/ or satisfaction of the given standard. A. GMQS Exemptions The end result of the proposed development will be two lots. The effective lot areas of proposed Lots 1 and 2 are 7,184 and 15,694 square feet respectively. Thus, maximum combined build-out pursuant to the underlying R- 6 zoning is three dwellings units, where Lot 1 can be development with no more than one single-family dwelling, and Lot 2 can support either one or two detached single-family residences or a duplex. Since the existing property is considered to have an effective area of 22,882 square feet, the existing single-family residence could be converted to a GMQS exempt duplex as a permitted use-by-right. The conversion could be done without adding any FAR floor area; therefore, there would be no required payment of cash-in-lieu of an ADU. Since this can be done, the City Planning Office has decided in consultation with the City Attorney that the two reconstruction credits exist even if the actual conversion is not first carried out. That is, it has been agreed that it would be pointless to complete the conversion just for the sake of later demolishing the structure, and that allowing the credits without this activity saves not only resources, time and finances, but it also saves the neighborhood from having to accommodate unnecessary construction impacts. Thus, the subject property maintains two GMQS exempt residential reconstruction credits under the terms of Section 26.470.070(A)(2) of the Code. Said Code section provides certain conditions for use of reconstruction credits as a GMQS exemption, including the following: a) An applicant may propose to demolish and then delay the reconstruction of an existing dwelling (beyond three years); b) The applicant shall verify, by letter submitted to and approved by the Community Development Director, the number of existing legal units South & Gibson Subdivision Page 8 on the property prior to demolition and shall agree that reconstruction will occur pursuant to the terms of Section 26.470.070 of the Code; c) Reconstruction shall occur within five (5) years of demolition, unless an extension of this deadline is granted by the City Council for good cause (the starting deadline for reconstruction is three (3) years, but can be extended to five years by the Community Development Director after submission and review of an accurate Improvements Survey of the structure); and, d) Any building that is demolished shall be limited to reconstruction on the same parcel or on a contiguous parcel owned by the applicant. The applicant has not yet determined a timeframe for use of the ~ reconstruction credits or for the demolition of the existing dwelling. If use of the reconstruction credits is to be delayed by more than three years, an extension of the exemption will be requested; otherwise, the credits will be used within the three year time frame provided. This application, combined with the City of Aspen Building Department files, should be adequate verification that there is one existing, legal dwelling unit on the subject property. Also, the above-described determination of the Planning Office and City Attorney provides the second reconstruction credit. The applicant hereby agrees that use of both reconstruction credits shall be done in accordance with and pursuant to Section 26.470.070 of the Code. Thus, the l applicant is essentially agreeing to comply with the GMQS exemption requirements for reconstruction of a single-family dwelling or a duplex (construct an ADU(s), or pay the cash-in-lieu fee). Since the applicant will own both resulting lots of the subdivision and they will be contiguous, sub-standard "d" (above) allows use of one of the reconstruction credits on the second lot. That is, using the reconstruction credits concept described above, the property maintains two (2) GMQS exempt 4 residential reconstruction credits. As such, the property can be subdivided in compliance with the dimensional requirements of the R-6 zoning and the reconstruction units can be developed anywhere on the property that is consistent with the R-6 dimensional requirements and other applicable requirements of the Land Use Code. The subdivision will allow the two reconstructed units to be placed on separate, fee simple lots using the allowable FAR floor area for the effective size of lots created through the subdivision. The two resulting lots will comply with the minimum lot area and lot width requirements of the zone district, and the reconstructed homes will comply with South & Gibson Subdivision Page 9 the other dimensional requirements of the zone district unless variances are obtained. Furthermore, since proposed Lot 2 has an effective area of 15,694 square feet, it contains enough land (i.e., more than 9,000 square feet) to support development of one single-family residence, two detached single-family residences, or a duplex. Again, with each redeveloped unit, either an ADU or cash-in-lieu will be provided. By way of a more detailed explanation, to the extent that Lot 2 is developed with two dwelling units (whether it be as a duplex or two detached dwellings), the GMQS exemption for the second unit is derived from the fact that a 9,000-plus square foot lot allows development of a second attached or detached unit pursuant to the R-6 zoning and Section 26.470.070(B)(2) of the Code. That is, Section 26.470.070(B) of the Code provides an exemption from the GMQS scoring and competition for "the construction ofone or two detached residential units or a duplex dwelling on a lot that was subdivided..." Further, Section 26.470.070(B) of the Code allows for "the remodel or expansion Ofa single-family dwelling unit into a duplex dwelling" exempt from the GMQS scoring and competition procedures. It was determined as part of the Park-Dale Subdivision's GMQS Exemption approvals that there is no need to finish developing a single-family dwelling only to then expand it into a duplex dwelling to be eligible for the Section 26.470.070(B) exemption as the end result would be the same and finding otherwise would only force a triumph for technique over substance, so to speak, at great expense. Use of the GMQS exemptions provided at Section 26.470.070(A) and (B) of the Code is approved administratively by the Community Development Director. These exemptions are not deducted from the respective annual development allotments established in Section 26.470.050 or from the Aspen Metro Area development ceilings established in Section 26.470.030 of the Code. B. Subdivision Approval The purpose of Section 26.480, Subdivision, of the Code includes ensuring "the proper distribution Ofdevelopment" and encouraging "the well-planned subdivision Ofland by establishing standards for the design Ofa subdivision." This purpose is forwarded by and achieved with the proposal made herein. Section 26.480.020, Applicability and Prohibitions, describes instances where subdivision is prohibited, including the requirement for a development allotment or a GMQS exemption. To comply with this section, the applicant will South & Gibson Subdivision Page 10 use the GMQS exemptions described in detail above. The review standards applicable to subdivision applications are contained in Section 26.480.050 of the Code. The standards are provided below in italics, with each followed by a ' response demonstrating consistency and/ or compliance therewith, as applicable. A. General Requirements a. The proposed subdivision shall be consistent with the Aspen Area Comprehensive Plan. The proposed project is consistent with the AACP. It proposes residential development within the Aspen town limits, is located on an existing transit route, and is within walking distance to the commercial core. The site is within a half-mile radius of a transit node as identified on the AACP's future land use map, which has the effect of promoting the use of public transportation among the inhabitants. In addition, the affordable housing goals set forth in the AACP will be addressed by the provision of ADUs and/ or cash-in-lieu thereof, as i required. b. The subdivision shall be consistent with the character Of existing land uses in the area. The proposed project is located in a neighborhood of single-family and duplex residences. Indeed, the area to the north is zoned R-6 and the Smuggler Trailer Park is located to the east and southeast. The adjacent Smuggler Trailer Park maintains one of the most dense residential development patterns found in the City, but the portion located immediately adjacent to the subject site is the least dense part of the park and provides an appropriate transition to development of the subject property in accordance with the R-6 zoning. The character of the proposed project is compatible with the single-family and duplex residential development of the existing neighborhood. Given that the dimensional requirements of the R-6 zone will be complied with, the result will be site planning that is consistent with that which is typical of the ' neighborhood. Finally, development on the site will be required to comply with the Residential Design Standards, thereby ensuring a level of design consistency will all residential development in the area. c. The proposed subdivision shall not adversely a#ect the juture development ofsurrounding areas. The proposed subdivision will not adversely affect future development of surrounding areas. Any structures built will comply with the requirements of the R-6 zone district and will not encroach onto any surrounding properties. South & Gibson Subdivision Page 11 Park development, school land, and other impact fees will be paid, as required, to offset any impacts of development. If anything, the development will facilitate redevelopment of surrounding properties by virtue of implementing - positive drainage measures and any necessary utility upgrades. The surrounding road and utility systems are more than adequate to support the ' proposed subdivision. d. The proposed subdivision shall be in compliance with all applicable requirements Of this Title. As provided throughout this application, the proposed project is and will be in compliance with all applicable requirements of the Code. Connection to the City of Aspen Water system will be made. B. 5uitability oflandfor subdivision a. Land suitability. The proposed subdivision shall not be located on land unsuitable for development because offlooding, drainage, rock or soil creep, mudflow, rockslide, avalanche or snowslide, steep topography or any other natural hazard or other condition that will be harm=Al to the health, st#ty, or welÂ®re of the residents in the proposed subdivision. The proposed project is not located on land considered unsuitable for development. The site is essentially flat, it is developed, and it is surrounded by residential development on all sides. The property contains existing development that is not and has not been subject to geologic or other hazards. The proposed project will not be harmful to the health, safety, or welfare of the future residents. b. Spatial pattern e#icient. The proposed subdivision shall not be designed to create spatial patterns that cause ine#iciencies, duplication or premature extension Of public facilities and unnecessary public costs. The proposed project has not been completely designed, however, the proposed lots, as illustrated on the Proposed Subdivision Lot Plan, are organized to minimize driveway length, and require neither an extension of public facilities nor incurrence of unnecessary public costs. No inefficiencies, duplication or premature extension of public facilities will occur as the property and surrounding area are already developed and served by public facilities and services. The cost of any necessary utility extensions or upgrades will be borne by the applicant. South & Gibson Subdivision Page 12 C. Improvements. 7he improvements set forth at Chapter 26.580 shall be provided jor the proposed subdivision. These standards may be varied by special review (See Chapter 26.430) 4 the following [omitted] conditions are met: The proposed subdivision will comply with the improvements set forth in Chapter 26.580. The improvements will also comply with the design standards contained in said Chapter. In the event that any variances from the engineering design standards become necessary due to unforeseen circumstances, special review approval will then be sought. Permanent survey monuments, range points and lot pins have already been placed. The surrounding streets are already paved and adequate to support the proposed subdivision; there will be no roadways internal to the subdivision. There are no alleys to be paved, and street name signs, a fire hydrant and a stop sign already exists at the corner of Gibson and South Avenues. A street light has been installed on the property (without an easement) and if additional street lighting is required, the applicant will install such in accordance with the directions and standards of the City. With regard to sidewalks, curbs and gutters, stipulation number three of the Settlement Agreement affecting the subject property (See Exhibit 5) provides that if such improvements are undertaken in the area quieted to the City, they will be undertaken by the City. The Applicant will enter into a Subdivision Improvements Agreement I (SIA) with the City binding the subdivision to any conditions placed on the development order. This will be done concurrently with the preparation and recordation of the Final Subdivision Plat. The Final Subdivision Plat will be prepared by a Colorado licensed surveyor and will meet the requirements of the Land Use Code. All required elements of the SIA will be provided for review by the Community Development Director, the City Engineer, and the City Attorney. D. A.gordable housing. Chapter 26.520, Resident Multi-Family Replacement Program, is not applicable since no multi-family dwellings will be demolished. As explained in i the preceding section of this application, the applicant will provide affordable ' housing in compliance with the requirements of Chapter 26.470, Growth Management Quota System, and more specifically, in accordance with the requirements of Section 26.470.070(A) and (B) of the Code, as applicable. ' South & Gibson Subdivision Page 13 E. School land dedication. t This section of the subdivision regulations requires the dedication of land , or the payment of an in-lieu fee for each new residential unit in a subdivision. As the property in question contains only 21,938 square feet of actual land area, the dedication of land would not be appropriate and the payment of cash-in-lieu represents a more fitting option. These payments shall be made to the City prior to and on a proportional basis to the issuance of any building permits for the residential dwelling units. As the residences have not been designed, the calculation cannot be completed at this time. The Applicant agrees to make the required payments prior to and on a proportional basis with the issuance of building permits for the project. Payments will be based on the applicable 1 formula in effect at the time of building permit issuance for each residence. C. Residential Design Standards Section 26.410.040, Residential Design Standards, of the Code is applicable to all residential development in the City of Aspen, except that within the R-15B zone district. Since the proposed project is residential and is located in the R-6 zone district, Section 26.410.040 must be complied with or variances from specific standards thereof must be obtained. The proposed project's architectural designs have not been completed for this application. However, it is the intent of the applicant that the standards contained within this Section will be met and/or the appropriate variances will be requested. V. VESTED PROPERTY RIGHTS In order to preserve the land use approvals which may be obtained as a result of this application, the applicant hereby requests vested property rights status pursuant to the provisions of Chapter 26.308 of the Aspen Land Use Code. It is understood that final approval of the proposed development must be granted by ordinance of the City Council to establish such status. It is also understood that no specific submission requirements, or review criteria other than a public hearing, are required to confer such status. Finally, the applicant understands that the City Council has the option to provide an exemption from expiration of vested rights for this project since it will be comprised of detached residential and duplex units. An exemption application may be submitted at any time prior to the three year anniversary of the effective date of the development order. South & Gibson Subdivision Page 14 EXHIBITS Exhibit 1: Land Use Application & Dimensional Requirements Forms ' Exhibit 2: Pre-Application Conference Summary Exhibit 3: Proof of Ownership Exhibit 4: Letter of Authorization for Haas Land Planning, LLC, to represent the applicant Exhibit 5: City Council Resolution No. 71, Series of 1995; and, the Settlement Stipulation (in the matter of Stanley E. Lauriski, et. al. V. Ruth C. Bisel, et. al., Civil Action No. 93 CV 259- 3, In The District Court o f Pitkin County, Colorado) Exhibit 6: List of Property Owners within 300 Feet of Subject Property Exhibit 7: Signed and Executed Fee Agreement EXHIBIT 1 LAND USE APPLICATION PROJECT: Name: lou-r# A 6*o,1 ,%80 Wisioo Location: 005 611 41â‚¬- (PARca lÂ©*: 2331- 013>- 00- 030 (Indicate street address, lot & block number, legal description where appropriate) APPLICANT: Name: Ot*al Ayâ‚¬Mut LLC Address: %Me.\0 ILLINA 8Â£42106â‚¬B,IV AMAGed \330 ka 4.j Agra, cr) 81(oil Phone #: (510)965-*07 REPRESENTATIVE: Name: IVIrrcA HAAs- -1-ks I.A,Â»RAJA.~. LLC Address: ,201 0. Miu- 3(,SuT,-6 1083 ACKER, CD Blbil Phone #: (910) 925--72)19 TYPE OF APPLICATION: *lease check all that apply): Conditional Use E] Conceptual PUD U Conceptual Historic Devt. Special Review [3 Final PUD (& PUD Amendment) U Final Historic Development Design Review Appeal E] Conceptual SPA U Minor Historic Devt. ' GMQS Allotment U Final SPA (& SPA Amendment) 2 Historic Demolition GMQS Exemption ~ Subdivision U Historic Designation ESA - 8040 Greenline, Stream U Subdivision Exemption (includes D Small Lodge Conversion/ Margin, Hallam Lake Bluff, condominiumization) Expansion Mountain View Plane El Lot Split ~ Temporary Use U Other: El Lot Line Adjustment Â£ Text/Map Amendment j EXISTING CONDITIONS: (description of existing buildings, uses, previous approvals, etc.) 0}16 506(,6-eJAily 1).lell,Â»6 u,le. EffiC,we WT AREA oF 22, 863* ; R-(0 800<06 PROPOSAL: (description ofproposed buildings, uses, modifications, etc.) ~USONÂ«* laTD TOO LoTS. Haye you attached the following? FEES DuE: $ 2,80â‚¬a [2[ Pre-Application Conference Summary , [~"Attachment # 1, Signed Fee Agreement [2"Response to Attachment #2, Dimensional Requirements Form [2' Response to Attachment #3, Minimum Submission Contents [2' Response to Attachment #4, Specific Submission Contents [@' Response to Attachment #5, Review Standards for Your Application 01<010001 ATTACHMENT 2 DIMENSIONAL REQUIREMENTS FORM i Project: 38#m i &050,1 &99Wtslod Applicant: {bligsÂ©,3 AMEN<1â‚¬, LLC Location: 005 Scu-nt A~fe. Zone District: R. 6 Lot Size: 21.958* Lot Area: 2Â£,86Z* (for the purposes of calculating Floor Area, Lot Area may be reduced for areas within the high water mark, easements, and steep slopes. Please refer to the definition of Lot Area in the Municipal Code.) Commercial net leasable: Existing: U ~ Proposed: IJ~Â£\ Number of residential units: Existing. 1 Proposed: 2-4 Number of bedrooms: Existing: 50Â¢~ Proposed: -TED Proposed % of demolition (Historic properties only): 1*~ ~ DIMENSIONS: Floor Area: Existing:35660 Allowable: 4,8340 Proposed: -TBO Principal bldg. height: Existing: ~~5'[cUEAilowable: 25' Proposed: 180 Access. bldg. height: Existing: 10 - 12' Allowable: 2 ~ \73 Proposed: TOO On-Site parking: Existing: 2,-5 Required: 7- Proposed. 199 % Site coverage: Existing:JE, 30&** Required: 2576 Proposed: -Tâ‚¬D Â°/0 Open Space: Existing:%Â£3%10 Required: 0 ~A Proposed: -Iso Front Setback: Existing: fl~. ~ ' Required. 10' Proposed: 1FD Rear Setback. Existing: -AH Required: 5~10 Proposed: -TSO CombinedÂ¥Â®. Existing: '1[f.)' Required: ~A Proposed: -reD Side Setback: Existing: Â£~, (,' Required: 15' Proposed: "TeD Side Setback: Existing: NI /A 44 Required: hi~ A Proposed: -TED 1 ** Combined Sides: Existing: bl f A Required: fl~A Proposed: TW Existing non-conformities or encroachments: 310â‚¬ '(ARD SerEACIC~kiACBU.4 ACCEEE,ORH STRderl>Ke* f~lcE, Ulit,r[4 1,10Â£.El.FrrRIC \kulrrd ROM)WALf F}1CE0AC,4#lerr6 0~rrb SUBJECT srre - ste sutve~. Variations requested: BOBJE, 915= Gress QNAAâ‚¬ FbcrrAGE, Fâ‚¬Â£-45ESSOK'G Râ‚¬(26205 ix = TRIA*6ULAÂ£ l.crr WrTH A FlbArr, A SAC.14 Ad 0 0.16 SivE 4AKO, EXHIBIT 2 CITY OF ASPEN PRE-APPLICATION CONFERENCE SUMMARY 2 PLANNER: James Lindt, 920.5095 DATE: 1/30/04 PROJECT: 805 South Avenue REPRESENTATIVE: Mitch Haas OWNER: Gibson Avenue LLC TYPE OF APPLICATION: Subdivision, GMQS Exemptions for replacement of demolished units. DESCRIPTION: The owner of 805 South Avenue would like to subdivide the property into two (2) lots of greater than 6,000 square feet for the purpose of constructing one or two residential dwelling units on each of the newly created parcels. There is currently a single-family residence located on the properly, but the property is large enough to accommodate a duplex under the current R-6 zoning. The Applicant has expressed intent to obtain two (2) GMQS exemptions for the replacement of demolished units in order to have sufficient development rights to construct a single-family residence on both of the parcels to be created through the subdivision. The City Attorney has been consulted about whether the Applicant would need to first convert the existing single-family residence into a duplex to obtain two (2) GMQS exemptions. The City Attorney and Staff felt that it would be wasteful to require the Applicant to convert the single-family unit into a duplex just to tear it down. Therefore, unless City Council disagrees with staff s opinion on this matter, Staff does not feel that the Applicant would have to first convert the existing single-family dwelling unit into a duplex. As was discussed in the pre-application conference, the Applicant could then obtain GMQS exemptions to convert the single-family residences into duplexes. Land Use Code Section(s) 26.470.070(A)(2) Growth Management Quota System- Exemption for reconstruction of demolished units. 26.470.070(B) Growth Management Quota System- Exemption to convert single-family residence into a duplex. 26.480 Subdivision. Review by: Staff for complete application, Development Review Committee for technical considerations, P & Z for recommendation, City Council for final decision. Public Hearing: Yes, at P & Z, and Council 2nd Reading of Ordinance. Referral Agencies: Engineering. Planning Fees: Planning Deposit $2,620 for 12 hours of staff time (additional staff time would be billed at $220 per hour) Referral Agency Fees: Engineering $185 Total Deposit: $2,805 To apply, submit the following information: 4 - City of Aspen Land Use Application Form. 2. Total Deposit for review of application. 3. Applicant's name, address and telephone number, contained within a letter signed by the applicant stating the name, address, and telephone number of the representative authorized to act on behal f of the applicant. Street l address and legal description of the parcel on which development is proposed to occur, consisting of a current certificate from a title insurance company, or attorney licensed to practice in the State of Colorado, listing the names of all owners of the property, and all mortgages, judgments, liens, easements, contracts and agreements affecting the parcel, and demonstrating the owner's right to apply for the Development Application. 4. An 8 1/2" by 11" vicinity map locating the parcel within the City of Aspen. 5. Signed fee agreement. 6. Pre-application Conference Summary. 7. A site improvement survey that includes all existing and proposed natural and man-made site features. 8. A draft subdivision plat as discussed at the preapp. 9. A written description of the proposal and a written explanation of how a proposed development complies with the applicable review standards relevant to the development reviews (Subdivision, GMQS Exemptions) required. 10. -'Acopy of the recorded documents that affect the proposed development. 11. Proof of ownership. 12. List of adjacent property owners within 300' for public hearing. The GIS department can provide this list on mailing labels for a small fee. 920.5453 11 Â®.Copies of the complete application packet (items 3-12). 14. Applications shall be provided in paper format (number of copies noted above) as well as the text only on either of the following digital formats. Compact Disk (CD)-preferred, Zip Disk or Floppy Disk. Microsoft Word format is preferred. Text format easily convertible to Word is acceptable. - Process: Apply. Case Planner reviews application for completeness. The Case Planner then refers the application to the Development Review Committee for technical considerations. Case Planner subsequently takes the application to the weekly staffmeeting to establish a staff i recommendation. Public hearing dates are then assigned by the Deputy Director of Community Development in conjunction with the Case Planner. A public hearing is held before the Planning and Zoning Commission to establish the Commission's recommendation to City Council regarding the Subdivision portion of the application. A First and Second Reading (Public Hearing) of the Ordinance is I then reviewed by City Council for a final decision. If the application is approved, the applicant will have to prepare a Subdivision Plat for recordation at the Pitkin County Clerk and Recorder's office. Disclaimer: The foregoing summary is advisory in nature only and is not binding on the City. The summary is based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. The summary does not create a legal or vested right. EXHIBIT 3 ALTA OWNER'S POLICY SCHEDULE A Order Number: 41706 Policy No.: O-9701-271440 , Date of Policy: October 31, 2003 at 11 :02 AM Amount of Insurance: $ 1,750.000.00 Premium: 33,490,00 1. Name of Insured: Gibson Avenue, LLC 2. The estate or interest in the land which is covered by this Policy is: Fee Simple 3. Title to the estate or interest in the land is vested in: Gibson Avenue, LLC 4. The land referred to in this policy is described as follows: See "Exhibit A" attached hereto STEWART TITLE GUARANTY COMPANY ALTA OWNER'S POLICY EXHIBIT "A" A parcel of land situated in the South one-half of Section 7, Township 10 South, Range 84 West of thÂ¢ Sixth Principal Meridian. Pitkin County, Colorado being more fully described as follows: Beginning at a pojnt whence Corner 22 of Tract A, East Aspen Additional Townsite bears South 44Â° 35'50"" East 3.91 feet: thence North 65Â°03'32"' East 7.45 feet; thence 51.50 feet along the arc of a non-tangent curve to the left the radius of said curve being 741.97 feet, the chord of said curve bears South 89Â°11'14"" East 51,49 feet thenÂ¢Â¢ North 84Â°23'24"" East 143.54 feet to a point on the Northerly boundary ofthe Smuggler Mobile Home Park: thence Southcasterly along said boundary, South 37Â°11'41"" West 60.04 feet; thence North 4.03 feet; thence South 29603'05"" West 102,32 feet; thence North 61Â°48'00"" West 7.00 feet to a point on the Easterly boundary of ~ Parcel No. 1 as described in instrument recorded in Book 488 at Page 205; Pitkin County records; thence South 2994'00"" West 108.00 feet along said Easterly boundary to the Northeasterly boundary of Gibson Ave. as constructed and in place; thence 165.06 feet along the arc of a curve to the left having a radius of 940.00 feet, the chord of said curve bears North 20Â°30'55 "" U,(St 164.85 feet; thence 37.34 feet along the arc of a curve tothÂ¢ right, the radius of said curve being 220.00 feet, (the long chord is North 11Â°54'45"" West 37.29 feet; thence 19.40 feet along tlic arc of a curve to the right, the radius of said curve being 37.60 feet, (the long chord North 30Â°45'32"" East 19.19 feet to thÂ¢ Point ofBeginning. COUNTY OF PrEKIN, STATE OF COLORADO. STEWART TITLE GUARANTY COMPANY ALTA OWNER'S POLICY SCHEDULE B Order Number: 41706 Policy No: O-9701 -271440 , This policy does not insure against loss or damage (and the Company will not pay costs, attorney's fees or expenses;) which arise by reason of: 1. Rights or claims of parties in possession, not shown by the public records. i 2- Easements, or claims ofeasements, not shown by the public records. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroacbments, and any facts which a correct survey and inspection ofthe premises woujd disclose and which are not shown by the public records. 4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Unpatented mining claims; reservations or exceptions in patents. or an act authorizing the issuance thereof; water rights, claims or title to water. 6. Taxes and Assessments for tile year 2003, not yet due and payable, and subsequent years and any special assessments not yet certified on the tax rolls of Pitkin County. 7. Right of way for ditches or canals con$tructed by the authority of the United States, as reserved in United States Patent recorded August 29,1958 in Book 185 at Page 69 as Reception No. 106874. 8. Terms, conditions, obligations and restrictions as set forth in Resolution 86-116 of tile Board of County Commissioners of Pitkin County, Colorado, to change the name of a portion o f Spruce Street to '"' South Avenue"", recorded October 29, 1986 in Book 521 at Page 593 as Reception No. 282736. 9. A Deed of Trust dated October 30,2003, executed by Gibson Avenue, LLC, to the Public Trustee of Pitkin County, to secure an indebtedness of $ 1,137.500.00, in favor of Mesa National Bank, recorded October 31,2003 as Reception No. 490546. 10. A Decd of Trust dated October 28,2003, executed by Gibson Avenue. LLC, to the Public Trustee of Pitkin County, to secure an indebtedness of $262:500.00, in favor of New Frontier Capital, LLC, recorded October 31,2003 as Reception No. 490547. 11, A Deed of Trust dated October 28,2003, executed by Gibson Avenue, LLC. to the Public Trustee of Pitkin County, to secure an indebtedness of $96,375.00, in favor of Jonathan H. Monkarsh, recorded October 31,2003 as Reception No. 490548. STEWART TITLE GUARANTY COMPANY ENDORSEMENT ATTACHED TO AND MADE A PART OF POLICY OF TITLE INSURANCE SERIAL NUMBER O-9701-271440 STEWARTTITLE GUARANTYCOMPANY HEREIN CALLED THE COMPANY Order Number: 41706 Charge: $13000 Thc Policy is hereby amended by deleting Paragraph 1 through 4 of Schedule B. This endorsement is made a part of the policy and is subject to all of the terms and p,ovisions thereof and of any prior endorsements : thereto. Except to the extent expressly stated, it neither modifies any of the terms and provisions of the policy and any prior endorsements. nor docs it extend the effective date of the policy and any prior endorsements, nor does it increase the face amount thereof. Signcd under Beal for the Company, but this endorsement is to be valld only when it bcors an authorized countersignature. i STEWART TITLE GUARANTY COMPANY ,<Ce-h. 4~641:efj3150,6 nati.e. or t..fa-,â€¢ (6â‚¬24â‚¬M .,( - Prâ€¢â€¢14.1; I \12.'999 N12/ Authorized Countersignatore Stewart Title of Aspen, Inc, 620 East Hopkins Avenue AspenCO CO 81G11 (970) 925-3577 Serial No. E-9851-271440 CLTA Foint 110.1 (Rev, 9-10-93) Deletion of Ttem From Pnlicy i ALTA - Owner EXHIBIT 4 01/29/2004 13: 52 9709257395 HAAS LAND PLANNING PAGE 02 February 1,2004 Aspen Community Development Department 130 South Galena Street Aspen, CO 81611-1975 Re: South & Gibson Subdivision and GMQS Exemptions Application To whom it may concern: I hereby authorize Haas Land Planning, LLC, to act as our designated and authorized representative with respect to the land use application being submitted to your office for our property located at 805 South Avenue (Parcel ID No. 2737-073-00-031). Haas Land Planning, LLC is authorized to submit an application for Subdivision, GMQS Exemptions, and any other incidental reviews. Haas Land Planning, LLC, is also authorized to represent us in meetings with City staff, boards, commissions, and the City Council. Should you have any need to contact me during the course of your review, please do so through Haas Land Planning, LLC, whose contact information is provided in the application. Sincerely, / I --23-t_ William Boell)inger, Managerâ„¢~33 Gibson Avenue, LLC EXHIBIT 5 ,-1 1 and defendants, the City of Aspen and the County of Pitkin, by / their respective attorneys, stipulate and agree as follows: 1. The title to the real property described in the attached Exhibit A, which property is a part of the property described in the complaint, may be quieted in plaintiffs, Stanley E. Lauriski, a/k/a Stanley E. Laureski, and Rose Marie Lauriski, a/k/a Rose Marie Laureski. 2. For purposes of any future application by plaintiffs or their successors for a development order, as defined in Section 3- 101 of Chapter 24 of the Municipal Code of the City of Aspen as such section exists at the time of this stipulation and as may be amended in the future, the property described in Exhibit A shall be deemed to have an area of 22,882 square feet. 3. Title to the real property described in the attached Exhibit B, which property is a part of the property described in the complaint, may be quieted in the City of Aspen subject to the non-exclusive reserved right of plaintiffs, Stanley E. Lauriski, a/k/a Stanley E. Laureski, and Rose Marie Lauriski, a/k/a Rose Marie Laureski, and their successors in interest, to use, occupy, and enjoy said property except to the extent that the City of Aspen shall undertake construction of a public roadway, sidewalk, underground utilities or underground drainage facilities or other public improvements. 4. Title to the real property described in the attached Exhibit C, which property is a part of the property described in the complaint, may be quieted in the City of Aspen. 5. All parties hereto shall bear their own costs, expenses, and attorneys' fees in this action. 6. Pursuant to the foregoing, a decree quieting title in the form attached hereto as Exhibit D may be entered by the Court. Dated this70Tttday of DC-(1141(3 EL , 1995. TADDUNE & GUEST . THE CITY OF ASPEN /74(lin u/~7 146\44 \ c-----7 (Â· Paul J. Taddune, #10824 JohE--0 4**cester, #20'616 323 West Main Street 1 130 South Galena Street Aspen, Colorado 81611 Aspen, Colorado 81611 (970) 925-9190 (970) 920-5055 Attorneys for Plaintiffs Attorney for City of Aspen - 1. I 1---=93Â» +g#@71-,44.1 Sandra 14. Stuller, #0509 John' M. Ely,f067Â· 106 South Mill Street, #202 Attorneydr the County of Aspen, Colorado 81611 Pitkin (970) 920-1018 530 E. Main Street Aspen, Colorado 81611 (970) 920-5190 I . DISTRICT COURT, COUNTY OF PITKIN, STATE OF COLORADO ~ A 1 *. C 1 9 --Â«1- 42 Case No. 93 CV 259-3 SETTLEMENT STIPULATION < 311 - STANLEY E. LAURISKI, a/k/a STANLEY E. LAURESKI, AND ROSE MARIE LAURISKI, a/k/a ROSE MARIE LAURESKI, Plaintiffs, V. RUTH C. BISEL; RUTH BISEL; WILLIAM H. LOUGHRAN; CITY OF ASPEN, COLORADO; COUNTY OF PITKIN, COLORADO; and all unknown persons who claim any interest in the subject matter of this action, Defendants. Plaintiffs, Stanley E. Lauriski, a/k/a Stanley E. Laureski, and Rose Marie Lauriski, a/k/a Rose Marie Laureski; and defendant, the City of Aspen, a municipal corporation, including John Bennett and his successors in office, as Mayor of the City of Aspen, and defendant, the County of Pitkin, Colorado, hereby stipulate as follows: WHEREAS, the parties hereto comprise and constitute all of the known parties to this action; and WHEREAS, the City of Aspen, asserts ownership of a portion of the real property described in the complaint; and WHEREAS, the City of Aspen and the County of Pitkin, are satisfied that Plaintiffs have a valid claim of ownership of a portion of the real. property described in the complaint, by reason of previous deeds of conveyance and adverse possession for a period in excess of eighteen (18) years pursuant to Section 38-41-101(1) of the Colorado Revised Statutes; and WHEREAS, the parties hereto mutually desire to settle this action in the manner hereinafter set forth, and such settlement has been approved and authorized by resolution of the City Council of the City of Aspen, Colorado, at a meeting thereof duly called and held on O:TABER 23 , 1995, and the Board of County Commissioners of Pitkin County, Colorado, at a meeting thereof duly called and held on 13â‚¬cen GE,2 l L, , 1995. ' NOW, THEREFORE, plaintiffs, Stanley E. Lauriski, a/k/a Stanley E. Laureski, and Rose Marie Lauriski, a/k/a Rose Marie Laureski, RESOLUTION NO.'071 Series of 1995 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING A SETTLEMENT STIPULATION IN THE MATTER OF STANLEY E. LAURISKI, ET AL. V RUTH C BISEL, ET AL., CIVIL ACTION NO. 93 CV 259-3, IN THE DISTRICT COURT OF PITKIN COUNTY, COLORADO, AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID SETTLEMENT STIPULATION ON BEHALF OF THE CITY OF ASPEN, COLORADO. WHEREAS, there has been submitted to the City Council a Settlement Stipulation in the matter of Stanley E. Lauriski, et al. v Ruth C. Bisel, et al., Civil Action No. 93 CV 259-3, District Court for Pitkin County, Colorado, a true and accurate copy of which is attached hereto as Exhibit "A"; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ASPEN, COLORADO: That the City Council of the City of Aspen hereby approves that Settlement Stipulation, and does hereby authorize the City Manager to execute said agreement on behalf of the City of Aspen. INTRODUCED, READ AND ADOPTED by the City Council of the City of Aspen on the 43~ day of d~25Â£EAâ‚¬~0'4-3) , 1995. D 4/6- 13Â»-,26Â« John S. Bennett, Mayor I, Kathryn S. Koch, duly appointed and acting City Clerk do certify that the foregoing is a true and accurate copy of that resolution adopted by the City Council of the City of Aspen, Colorado, at a meeting held on the day hereinabove stated. 1 i) 3 1 , - '14 -0 -- KatFrryn S. Koch, City Clerk lauriski.res EXHIBIT A A parcel of land situated in the South one-half of Section 7, Township 10 South, Range 84 West of the Sixth Principal Meridian, Pitkin County, Colorado, being more fully described as follows: Beginning at a point whence Corner 22 of Tract A, East Aspen Additional Townsite bears South 44 Degrees 35 Minutes 50 Seconds East 3.91 feet; thence North 65 Degrees 03 Minutes 32 Seconds East, 7.45 feet; thence 51.50 feet along the arc of a non-tangent curve to the left, the radius of said curve being 741.97 feet, the chord of said curve bears South 89 Degrees 11 Minutes 14 Seconds East, 51.49 feet; thence North 84 Degrees 23 Minutes 24 Seconds East, 143.54 feet to a point on the northerly Boundary of the Smuggler Mobile Home Park; thence southeasterly along said Boundary, South 37 Degrees 11 Minutes 41 Seconds West, 60.04 feet; thence NORTH, 4.08 feet; thence South 29 Degrees 03 Minutes 05 Seconds West, 102.32 feet; thence North 61 Degrees 48 Minutes 00 Seconds West, 7.00 feet to a point on the easterly Boundary of Parcel No. 1, as described in the instrument recorded in Book 488 at Page 205, Pitkin County Records; thence South 29 Degrees 34 Minutes 00 Seconds West, 108.00 feet along said easterly Boundary to the northeasterly Boundary of Gibson Ave. as constructed and in place; thence 165.06 feet along the arc of a curve to the left having a radius of 940.00 feet, the chord of said curve bears North 20 Degrees 30 Minutes 55 Seconds West, 164.85 feet; thence 37.34 feet along the arc of a curve to the right, the radius of said curve being 220.00 feet, (the long chord is North 11 Degrees 54 Minutes 45 Seconds West, 37.29 feet; thence 19.40 feet along the arc of a curve to the right, the radius of said curve being 37.60 feet, (the long chord North 30 Degrees 45 Minutes 32 Seconds East, 19.19 feet to the Point of Beginning. The description describes a Parcel of 21,937.92 square feet more or less. .Ff 1 EXHIBIT B A parcel of land situated in Section 7, Township 10 South, Range 84 West of the Sixth Principal Meridian, City of Aspen, Pitkin County, Colorado and being more fully described as follows: Commencing at Corner 22 of Tract "A", East Aspen Additional Townsite; thence North 52 Degrees 49 Minutes 43 Seconds East, 17.40 feet to a point on the back surface of the existing concrete curb and gutter as constructed and in place on the southerly side of South Avenue, the TRUE POINT OF BEGINNING; thence southeasterly along said back surface of the curb and gutter the following 6 courses; southeasterly 41.54 feet along a non-tangential curve to the left, the radius of said curve being 736.97 feet, (the Long chord is South 89 Degrees 33 Minutes 40 Seconds East, 41.54 feet); thence North 85 Degrees 06 Minutes 12 Seconds East, 32.91 feet; thence North 83 Degrees 50 Minutes 43 Seconds East, 42.91 feet; thence North 84 Degrees 21 Minutes 51 Seconds East, 36.77 feet; thence North 84 Degrees 26 Minutes 36 Seconds East, 28.50 feet; thence North 82 Degrees 46 Minutes 45 Seconds East, 6.85 feet to a point on the northwesterly boundary of the Smuggler Mobile Home Park; thence along said Smuggler Mobile Home Park boundary South 37 Degrees 11 Minutes 41 Seconds West, 7.03 feet; thence South 84 Degrees 23 Minutes 24 Seconds West, 143.54 feet to the beginning of a curve; thence 51.50 feet northwesterly along a curve to the right, the radius of said curve being 741.97 feet, (the long chord is North 89 Degrees 11 Minutes 14 Seconds West, 51.49 feet); thence North 65 Degrees 03 Minutes 32 Seconds East, 10.87 feet to the TRUE POINT OF BEGINNING. The description describes a parcel of 943.466 square feet more or less. r=9 , EXHIBIT C A parcel of land situated in Section 7, Township 10 South, Range 84 West of the Sixth Principal Meridian, City of Aspen, Pitkin County, Colorado and being more fully described as follows: Commencing at Corner 22 of Tract "A", East Additional Townsite; thence North 52 Degrees 49 Minutes 43 Seconds East, 17.40 feet to a point on the back surface of the existing concrete curb and gutter as constructed and in place on the southerly side of South Avenue, the TRUE POINT OF BEGINNING; thence North 65 Degrees 03 Minutes 32 Seconds East, 22.09 feet; thence North 84 Degrees 20 Minutes 00 Seconds East, 179.22 feet; thence South 37 Degrees 11 Minutes 41 Seconds West, 15.93 feet to a point on the back surface of the existing concrete curb and gutter as constructed and in place on the southerly side of South Avenue; thence southwesterly along said curb and gutter back surface the following 6 courses; South 82 Degrees 46 Minutes 45 Seconds West, 6.85 feet; South 84 Degrees 26 Minutes 36 Seconds West, 28.50 feet; ' South 84 Degrees 21 Minutes 51 Seconds West, 36.77 feet; South 83 Degrees 50 Minutes 43 Seconds West, 42.91 feet; South 85 Degrees 06 Minutes 12 Seconds West, 32.91 feet to the beginning of a curve; thence 41.54 feet northwesterly along a curve to the right, the radius of said curve being 736.97 feet, (the long chord is North 89 Degrees 33 Minutes 40 Seconds West, 41.54 feet), curve terminating at the TRUE POINT OF BEGINNING. The description describes a parcel of 2,145.30 square feet more or less. 1 1-6--- A â€¢IS. 40' M â€¢37.10' CDâ€¢MDC~40'322 poe Ct- â€¢ 1 ~Â· 4 f 6 ORMER ZZ, TRACT A 344-31'50-E EAST ASPEN ADDITIONAL 7- .....= I'-I - il/ 1â€¢, 4 .. Towl,IrTE . 10 - Â·. .100 . -4Â¥- .CL=1344- REVISED G/16/23 Aâ€¢37.34' CURB a GUTTER 'â€¢120.00 CURVE DATA CDâ€¢N 11-34'45hr e CLâ€¢/7.25' -0 A â€¢ 41.34 Mâ€¢ 736.37' SIDEWALK AREA - Aâ€¢ 03*13'47- CURVE DATA CDâ€¢Mal-33'40-W , Aâ€¢ 3147' CLâ€¢41.04' Mâ€¢74Z.37' Aâ€¢04-OT'ZE- . DESCRCEED 6.N â‚¬%11{817 A CDâ€¢SI,~06~34' E e CLâ€¢ 3 3.4 4' (1 n, -Pac-,156.b O,1 e<H{BIT 3 cO> ,. -20 ' Ill- I Ii- 5 4 * 5. - Dâ‚¬ScLiBED 6 ht. Extills 11 C ' Â¥ e O- 4 694â‚¬ 5 3 t.&1< 1 13 2. 63> '4 4 Â»â€¢ I f k C=..=.-so'5/W . 1 Câ‚¬~/9- 't. / .,Â·---4 .. ,. 5...41 5 29-3.Â·00-v .0.-00. 9.1- . MORTH, 4.08' N.râ€¢â€¢'00-w ~ ..9.03'IS'. *02.32. 0- .~ 3,1-46'AW'' 1-, 5 7.00' I - ... .17.11.4,-W .3.00Â· I . ts:,3: SMUGGLER' MOBILE PARK 1 1 9/Â£-- EXHIBIT 6 Smooth Feed SheetsTM Use template for 5160Â® ALLEN DOUGLAS P ANDERLIK CHRISTY ARTHUR STEPHEN F 520 E COOPER AVE STE 230 PO BOX 11843 PO BOX 4871 ASPEN, CO 81611 ASPEN, CO 81612 ASPEN, CO 81612 BENNIS CLURIE W REV TRST BREHOB SANDRA K BROOKS LAURIA J 3/O CLURIE BENNIS 112 MAPLE LN 209 COTTONWOOD LN 515 WALNUT STREET ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81611 BURROWS ARTHUR & COLLEEN BROOKS MURRAY J BUDINGER WILLIAM COLLINS 350 GEORGIA AVE 728 EAST FRANCIS ST 410 N MILL ST #B-11 WINTER PARK, FL 32789 ASPEN, CO 81612 ASPEN, CO 81611 CENTENNIAL ASPEN JAMPBELL BEVERLY ANNE CITY OF ASPEN A LIMITED PARTNERSHIP 207 COTTONWOOD LN 130 S GALENA ST 100 LUKE SHORT CT \SPEN, CO 81611 ASPEN, CO 81611 , ASPEN, CO 81611 JOLORADO PROPERTIES LTD COX ROBERT CREEKSTONE ASPEN LLC 1/O KLEIN & BARENBLAT 4545 POST OAK PL STE 100 112 MAPLE LN 504 MILAM BUILDING ASPEN, CO 81611 HOUSTON, TX 77027 SAN ANTONIO, TX 78205 :ROUCH DAVID CWG HOLDINGS LLC DANFORTH DAVID N 118 SUGAR MAGNOLIA CT 163 JOHN ST PO BOX 1863 JAPLES, FL 34109-7831 GREENWICH, CT 06831 ASPEN, CO 81612 DAVIS SILVIA DETKO GEORGE J JR DRISKELL DOUGLAS 09 RACE ST 205 COTTONWOOD LN 200 COTTONWOOD LN ,SPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81611 r ABRIZIO BRUCE P & JUDITH FORDE CANDICE MARIE GIBSON AVENUE LLC 15922 PACIFIC COAST HWY 210 COTTONWOOD LN 330 PARK AVE UNTINGTON HARBOUR, CA 92649 ASPEN, CO 81611 ASPEN, CO 81611 ;OLDSTEIN GERALD H & CHRISTINE S GONZALES STEVE GREENWOOD GRETCHEN PO BOX 2045 105 MAPLE LN 520 WALNUT ST A,SPEN, CO 81612 ASPEN, CO 81611 ASPEN, CO 81611 ;RIFFITH LARRY R GRIFFITH PROPERTY LLC GUPTA FAMILY ENTERPRISES LP 3322 TIERRA OAKS DR 709 N SPRUCE ST 5711 S 86TH CIR REDDING, CO 96003 ASPEN, CO 81611 OMAHA, NE 68127 12" AW=I,vm AA,Ir0cc I ak.Ic | lear C 1 LAÂ® Smooth Feed SheetsTM Use template for 5160Â® HARRIS DAVID G & MARGARET ANN HAUENSTEIN WARD & ELIZABETH HAUER MINEKO 533 SPRUCE ST 535 SPRUCE ST 202 COTTONWOOD LN I ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81611 HEATH JESSE B JR & HETTA S JOHNSON ELIZABETH A JUNG DENNIS PAUL & LISA KANE 606 N SPRING ST 115 MAPLE LN PO BOX 8351 ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81612 KAUFMAN STEPHEN M TRUST KELLY CHARLES M KESSLER CHARLES D & DIANNE A 3 RIVERWAY STE 1350 00208 COTTONWOOD LN 114 MAPLE LN HOUSTON, TX 77056 ASPEN, CO 81611 ASPEN, CO 81611 KING CHRISTOPHER & DONNA LEBBY NICK LAWRENCE TERRY & DEANNA M CLOUATE C/O LA COCINA INC PO BOX 942 PO BOX 3065 PO BOX 4010 PINE VALLEY, CA 91962 ASPEN, CO 81612 ASPEN, CO 81612 LEBOUTILLIER PHILIP G LOCARRO ROBERT MARSHALL ANN 113 MAPLE LN 211 COTTONWOOD LN PO BOX 10894 ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81612 MILLER LEE L MORSE JAMES A TRUST OAKES KEN 11575 FOLSOM POINT 107 SINCLAIR DR 204 COTTONWOOD LN FRANKTOWN, CO 80116 MUSKEGON, MI 49441 ASPEN, CO 81611 PETERSON ANNE BYARD ORTIZ MICHAEL PEEPERS HOLLOW LLC ANNE PETERSON RICHARDS BYARD 520 WALNUT ST 728 E FRANCIS ST C/O ASPEN, CO 81611 ASPEN, CO 81611 35 LOCUST -- MILL VALLEY, CA 94941 PHILLIPS JOHN E & LYNN D POWELL MARY FRANCES RATHBUN W DON 305 OAK LN 308 OAK LN PO BOX 1573 ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81612 RUTGERS ANTHONY L & DIANE L SEYMOUR EUGENE H & JUDITH K STONE PHYLLIS 512 SPRUCE ST 390 N SPRING ST 108 MAPLE LN ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81611 STROBL MARIO J TAYLOR LAKE EQUITY VENTURE LLC TUITE WILLIAM E 110 MAPLE LN 728 E FRANCIS 212 COTTONWOOD LN ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81611 19~ AVERYÂ® Address Labels Laser 5160Â® Smooth Feed Sheetsâ„¢ Use template for 5160Â® JHLHORN FLORENCE M VAIL ROBERT VARE DARLENE DESEDLE TRUST 391 ISLAND PARK DR 307 OAK LN 1024 19TH ST #7 VIEMPHIS, TN 38103 ASPEN, CO 81611 SANTA MONICA, CA 90403 VOLK RICHARD W FAMILY RESID TRUST WALDROP L MEL WEISS DAVID S 1/2 PO BOX 11911 209 COTTONWOOD LN 2327 M]MOSA DR ASPEN, CO 81611 ASPEN, CO 81612 HOUSTON, TX 70719 WIENER WILLIAM B JR YOUNG DENNIS & ANDREA ZUPANCIS ROBERT L 401 MARKET ST #1110 PO BOX 133 PO BOX 11481 3HREVEPORT, LA 71101 ASPEN, CO 81612 ASPEN, CO 81612 1~~ AVERYÂ® Address Labels Laser 5160Â® EXHIBIT 7 CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT Altreement for Pavment of City of Asnen Development Application Fees CITY OF ASPEN (hereinafter CITY) and ..rt .Sh- Aden. 1-j-C_ (hereinafter APPLICANT) AGREE AS FOLLOWS: 1. APPLICANT has submitted to CITY an application for 4>'40911610.kilt>InQ'b F,Â«MP-ric.4 (hereinafter, THE PROJECT). 2. APPLICANT understands and agrees that City of Aspen Ordinance No. 57 (Series of 2000) establishes a fee structure for Land Use applications and the payment of all processing fees is a condition precedent to a determination of application completeness. 3. APPLICANT and CITY agree that because of the size, nature or scope of the proposed project, i[ is not possible ar this time to ascertain the full extent of the costs involved in processing the application. APPLICANT and CITY further agree that it is in the interest of the parties that APPLICANT make payment of an initial deposit and to thereafter permit additional costs to be billed to APPLICANT on a monthly basis. APPLICANT agrees additional costs may accrue following their hearings and/or approvals. APPLICANT agrees he will be benefited by retaining greater cash liquidity and will make additional payments upon notification by the CITY when they are necessary as costs are incurred. CITY agrees it will be benefited through the greater certai nty of recovering its full costs to process APPLICANT'S application. 4. CITY and APPLICANT further agree that it is impracticable for CITY staffto complete processing cr present sufficient information to the Planning Commission and/or City Council to enable the Planning Commission and/or City Council to make legally required findings for project consideration, unless current billings are paid in full prior to decision. 5. Therefore, APPLICANT agrees that in consideration of the CITY's waiver of its right to collect full fees prior to a determiyion of application completen~, APPLICANT shall pay an initial deposit in the amount of$; which is for /R___ hourf-of Community Development staff time, and if actual recorded costs exceed the initial deposit, APPLICANT shall pay additional monthly billings to CITY to reimburse the CITY for the processing of the application mentioned above, including post approval revjew at a rate of S210.00 per planner hour over the initial deposit. Such periodic payments shall be made within 30 days of the billing date, APPLICANT further agrees that failure to pay such accrued costs shall be grounds for suspension of processing, and in no case will building permits be issued until all costs associated with case processing have been paid. CITY OF ASPEN APPLICA!~f -/0<Z...0 ~~---333-p_-,I By: ./F-il-$/rÂ»---n Julie Ann Woods L__ -Â£/.----------' Community Development Director Date: /lis ~o* Billing Address and Telephone Number: 4/280592 /4(LUDâ‚¬6 42420 L.1*46%/ Required $ IZEÂ¥%5Â· Â· 0Â¥ 9(*fl' -6 ME, FULE.* lt)5: 35 SS E Wast #Aug *30-7 U6*â‚¬&406 064,â„¢ FiDE. Cn- cls& Ar ot- 929 25 g:\support\forms\agrpayas.doc Atb- 611(ka- Act-(iriVE--Â·4&r- 6/05/03 -4 6. 4 LLC- 02 Aspen Page 2 of 2 Pilates Privates and Pilates Equipment Classes Available By Appointment Free two hour parking in the West End Â· Mat rental 32 Â· Schedule subject to cha - -- 7 Mit /*Fz. 12 0 http://www.02aspen.com/classes/index.html 2/9/2004 External Media Returned RMMI 10734 7.-Il t=<b%.I COMMIJNITY DEVELOPMENT DEPARTMENT 130 South Galena Street Aspen, Colorado 81611 (970)920-5090 City of Aspen 1 Land Use: CAT' 4 1 / 1 131041 Deposit -- 131042 Flat Fee 131043 HPC 131046 Zoning and Sign Referral Fees: f ,-3 151163 City Engineer 251205 Environmental Health 237001 Housing Building Fees: 211071 Board ofAppeals 211072 Building Permit 211073 Electrical Permit 211074 Energy Code Review 211075 Mechanical Permit 211076 Plan Check 211077 Plumbing Permit 211078 Reinspection 211079 Aspen Fire Other Fees: 111006 Copy 111165 Remp Fee 601303 GIS Fee 231480 Housing Cash in Lieu q 111165 Open Space Cash in Lieu '2 Park Dedication ~ Parking Cash in Lieu School District Land Ded. Code Sales (Joint) Contractor Licensing (Joint) CO TOTAL 376D 6 NAME: -0 .41,-f -/ c ~/4 5â‚¬ Â·'f PÂ·'/.,0.,~ j n ~ ADDRESS/PROJECT: PHONE: CHECK# CASE/PERMIT#: DO|~ ~~~0~ # OF COPIES: L - - 1 DATE: ' 2'. - INITIAL: t-/