HomeMy WebLinkAboutcoa.lu.sp.Aspen Consoldiated Sanitation District.A009-98 ORDINANCE NO. 10
(SERIES OF 1998)
AN FINAL SPECIALLY PLANNED AREA (SPA)NAP ROVAL, AN EXEMPTION FROM
F G ROWTH MANAGEMENT COMPETITION AND SCORING PROCEDURES FOR
THE G
AN EXPANSION A ESSENTIAL PC FACILITY AND DEVELOPIVIENT OF APPROVAL OF THE METHOD WHICH
. ONE AFFORDABLE HOUSING UNIT.
AFFORDABLE HOUSING IS TO BE PROVIDED,
AND VESTED PROPERTY RIGHTS
FOR THE ASPEN LL STREET, CITY OF D ASPEN, PITKINN COUNTY, COLORADO. 565 NORTH
MI
Parcel ID No. 2737 - 073 -00 - 854 d
WHEREAS, The Aspen Consolidated Sanitation District (ACSD or applicant) submitte Develo merit Department for the
an application (development proposal) to the Community p
development of approximately 8,100 additional square feet for offices, employee areas, the
ces, g
storage and maintenance of equipment, and an on -site employee dwelling unit at the ACSD offices,
565 North Mill Street; and,
WHEREAS, the applicant has requested a combined Conceptual and Final Specially
Planned Area (SPA) approval, exemption from the Growth Management Quota System for
essential public facilities and one affordable housing unit, approval of the method in which housing
is proposed to be provided, Conditional Use approvals from affordable housing and maintenance
facility, a waiver of the "Residential Design Standards," Stream Margin Review, and Special
Review to establish the parking requirements; and,
WHEREAS, the Community Development Department, the Housing Authority, the City
revie wed, the Fire pment prop in accordance with all apDepartment able proceduremand review � criteria
reviewed the development prop
set forth in Sections 26.28, 26.52, 26.56, 26.58, 26.60 26.64, 26.68, 26.80, and 26.100, of the
Municipal Code; and,
WHEREAS, the Planning and Zoning Commission may approve applications for
Conditional Use, Special Review, waivers of the "Residential Design Standards," and Stream
Margin Review and may recommend City Council approve Specially Planned Areas (SPA)
pursuant to Sections 26.52, 26.58, 26.60, 26.64, 26.68, and 26.80, and approved said requests and
recommended said actions, by a 6 -0 vote, pursuant to said Sections at a duly noticed public hearing
on April 7, 1998; and,
WHEREAS, the Growth Management Commission may recommend City Council exempt
essential public facilities and affordable housing from the Growth Management Quota Syste o
pursuant to Sections 26.52 and 26.100, and recommended said action, by a 11 -0 vote, pursuant
said sections at a duly noticed public hearing on April 7, 1998; and
Ordinance No. 10, Series 1998
Page 1
•
WHEREAS, the Aspen City Council may approve combined Conceptual and Final
Specially Planned Areas, may exempt from the Growth Management Quota System essential public
facilities and affordable housing, and may approve the method in which an applicant proposes to
supply affordable housing pursuant to Sections 26.52, 26.80, and 26.100 of the Municipal Code of
the City of Aspen, and the Aspen City Council reviewed and considered the development proposal
pursuant to said sections, reviewed and considered those recommendations and approvals as
granted by the Community Development Department, Referral Agencies, the Growth Management
Commission, and the Planning and Zoning Commission, and has taken and considered public
comment at a public hearing held May 26, 1998; and,
WHEREAS, the 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 Council finds that this Ordinance furthers and is necessary for public
health, safety, and welfare purposes.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ASPEN, COLORADO as follows:
Section I
That it does hereby grant to the Aspen Consolidated Sanitation District Conceptual and Final
Specially Planned Area (SPA) approval for the development of office space, general employee
areas, maintenance areas, and one affordable housing unit, an exemption from the scoring and
competition procedures of the Growth Management Quota System the essential public facilities and
one affordable housing unit, and approval of the method in which the affordable housing is
proposed to be provided for the subject parcel, the Aspen Consolidated Sanitation District, 565
North Mill Street, City of Aspen parcel number 2737 - 073 -00 -854, with the conditions of approval
delineated in Section 3 below.
Section
The SPA overlay designation shall be applied to the entire subject property. The Official Zone
District Map for this City of Aspen, Colorado, shall be and is hereby amended to reflect the
designation.
&etion
Conditions of Approval:
1. Prior to issuance of a Certificate of Occupancy, a final plat shall be reviewed approved and recorded.
This plat shall conform to all relevant plat requirement of the City Engineer and shall include final
drawings depicting the site plan, landscape plan, utility plan, and building elevations. In addition,
this plat shall depict the following: all locations of as -built utilities and easements, as - built locations
of all structures, an access easement and recordation number for access to the property, the top -of-
slope as designated on the landscape plan, building envelopes following approximately the proposed
Ordinance No. 10, Series 1998
Page 2
"SPA" boundary, a note stating "only native vegetation below the top -of- slope," note(s) identifying
"riparian areas," a note stating "the zoning for this property is Public- Specially Planned Area (PUB -
SPA)."
2. The applicant shall enter into a "SPA Agreement" with the City of Aspen binding the entire property
to the conditions of approval and such information provided in the final plat. This SPA Agreement
shall be recorded prior to issuance of a Certificate of Occupancy. The SPA designation upon the
entire site shall be reflected upon the Official Zone District Map of the City of Aspen.
3. Prior to issuance of a Building Permit, the applicant shall submit GIS data including property lines,
building footprints, easements, utility placements (existing and proposed), and encroachments. Prior
• to issuance of a Certificate of Occupancy, the applicant shall update any changes to this information
to reflect the information recorded in the final plat.
4. Prior to issuance of a building permit, the applicant shall submit a drainage plan for approval. The
applicant shall retain drainage on -site during and after construction. All on -site drainage, surface run-
off, and groundwater are prohibited from the public sewer. Oil and sand interceptors shall be
installed for the wash bays and must be covered with a roof structure if they are served by the public
sewer.
5. Prior to issuance of a Certificate of Occupancy, the applicant shall complete all utility improvements
and record the associated easements. These easements shall be reflected on the final plat.
6. The applicant shall provide a 3 bedroom affordable housing unit on -site deed restricted to Category 3
price guidelines. As long as an occupant is an employee of ACSD, there shall be no restriction
regarding assets or income. ACSD shall retain the right to select the occupant. Prior to issuance of a
Building Permit, the applicant shall record the appropriate deed restriction with the Housing
Authority.
7. Prior to issuance of a Certificate of Occupancy for the housing unit, the applicant shall have the unit
inspected to the satisfaction of the Housing Authority. Prior to issuance of a Certificate of
Occupancy for the office and maintenance portions of the building, the applicant shall obtain a
Certificate of Occupancy for the housing unit.
8.. Prior to issuance of a building permit, the applicant shall gain approval from the Environmental
Health Department for a PM 10 mitigation plan. Any mitigation measures proposed to offset
increases in PM 10 shall be completed prior to issuance of a Certificate of Occupancy.
9. Prior to issuance of a building permit, the applicant shall submit a fugitive dust control plan
including, but not limited to, fencing, watering of haul roads and disturbed areas, daily cleaning of
adjacent paved roads, speed limits, and other measures necessary to limit dust.
10. Any asbestos abatement measures shall be performed by a licensed asbestos removal company.
11. The applicant shall obey the City's Noise Ordinance which prohibits construction from the hours of
10 p.m. to 7 a.m. The applicant is encouraged to limit outdoor mechanical activity after 7 p.m. Th
applicant is encouraged to address the concerns of neighbors by further limiting these hours and
nature of activity, within reason.
12. Any areas on -site where a vehicle or equipment will idle must have adequate ventilation. If the
ventilation is internal, the system must be designed by a Registered Professional Engineer.
13. Prior to issuance of a building permit, the applicant shall obtain approval from the City Fire Marshall
for specific requirements associated with the storage of hazardous materials, sprinkling, and alarm
Ordinance No. 10, Series 1998
Page 3
systems. The proposed addition shall have a fire suppression system. The applicant is encouraged to
also sprinkle the existing portions of the building.
14. The applicant shall conform to all current building code requirements for the City of Aspen. This
includes, but is not limited to, the Aspen/Pitkin County Energy Code.
15. The applicant is encouraged to use earth tone exterior colors and a non- reflective roof material.
16. Outdoor lighting shall be downcast and shall be used to a minimum extent. Uplighting and lighting
of landscape or architectural features is prohibited.
17. The applicant shall not use public rights -of -way for construction staging or parking for contractors
and their employees. The applicant shall clean any tracked mud and debris from the site from
adjacent public rights -of -way.
18. Prior to issuance of a certificate of occupancy, the applicant shall replace any curb and/or gutter
damaged during construction.
19. Prior to issuance of a building permit, the applicant shall complete and record an agreement to join
any future improvement districts, for the purpose of constructing improvements which benefit the
property under an assessment formula, to the extent permitted by law.
20. All utility meters and any new utility pedestals or transformers must be installed on the applicant's
property and not in any public right -of -way. Easements must be provided for pedestals. All utility
locations and easements must be delineated on the site improvement survey. Revisions to utility
locations and easements must be delineated on a revised site improvement survey prior to issuance of
a certificate of occupancy. Meter locations must be accessible for reading and may not be
obstructed.
21. A tree removal permit from the City Parks Department shall be required for the removal or relocation of
trees.
22. The applicant must receive approval for any work within public rights -of -way from the appropriate
City Department. This includes, but is not limited to, approval for a mailbox and landscaping from
the City Streets Department.
23. Before issuance of a building permit, the applicant shall record the Planning and Zoning Commission
and Growth Management Commission resolutions with the Pitkin County Clerk and Recorder located
in the Courthouse Plaza Building. There is a per page recordation fee. In the alternative, the applicant
may pay this fee to the City Clerk who will record the resolutions.
24. Prior to issuance of a Certificate of Occupancy, the applicant shall provide a reasonable amount of
additional riparian vegetation along the north side of the property (along river) to the approval of the
Parks Department.
Section t
All material representations and commitments made by the applicant pursuant to the development
proposal approvals as herein awarded, whether in public hearing or documentation presented before
the Growth Management Commission, Planning and Zoning Commission, and or City Council, are
hereby incorporated in such plan development approvals and the same shall be complied with as if
fully set forth herein, unless amended by other specific conditions.
Section
Ordinance No. 10, Series 1998
Page 4
.............. __
Pursuant to Section 26.52.080 of the Aspen Municipal Code and C.R.S. 2 4 -68- 104(2), City Council
does hereby grant the applicant Vested Property Rights status for the site specific development plan
for the Aspen Consolidated Sanitation District, 565 North Mill Street, as approved by Ordinance
Number _, Series of 1998, for a period of three (3) years from the date said Ordinance is
approved with the following conditions:
1. The rights granted by this site specific development plan shall remain vested for a period of three (3)
years from the effective date hereof. However, any failure to abide by any of the terms and conditions
attendant to this approval shall result in forfeiture of said vested property rights. Failure to properly
record all plats and agreements required to be recorded by the Municipal Code shall also result in
forfeiture of said vested property rights.
2. The approval granted hereby shall be subject to all rights of referendum and judicial review: except that
the period of time permitted by law for the exercise of such rights shall not begin to run until the date of
publication provided for in Section 26.52.080(D)
3. Zoning that is not part of the site specific development plan approved hereby shall not result in the
creation of a vested property right.
4. Nothing in the approvals provided in this Ordinance shall exempt the site specific development plan
from subsequent reviews and or approvals required by this Ordinance or the general rules, regulations
or ordinances of the City provided that such reviews or approvals are not inconsistent with the
approvals granted and vested herein.
5. The establishment herein of a vested property right shall not preclude the application of ordinances or
regulations which are general in nature and are applicable to all property subject to land use regulation
by the City of Aspen including, but not limited to, building, fire, plumbing, electrical and mechanical
codes. In this regard, as a condition of this site development approval, the developer shall abide by any
and all such building, fire, plumbing, electrical and mechanical codes, unless an exemption therefrom is
granted in writing.
Seehon 6•
Pursuant to Section 26.52.080(D) of the Municipal Code, the City Clerk shall cause notice of this
Ordinance to be published in a newspaper of general circulation within the City of Aspen no later
than fourteen (14) days following final adoption hereof.
Section 7•
That the City Clerk is directed, upon the adoption of this ordinance, to record a copy of this
ordinance in the office of the Pitkin County Clerk and Recorder.
Section 8•
This Ordinance shall not affect any existing litigation and shall not operate as an abatement of any
action or proceeding now pending under or by virtue of the ordinances repealed or amended as
herein provided, and the same shall be conducted and concluded under such prior ordinances.
Section 9•
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
Ordinance No. 10, Series 1998
Page 5
separate, distinct and independent provision and shall not affect the validity of the remaining
portions thereof.
Section ]0•
A public hearing on the Ordinance shall be held on the 26th day of May, 1998 at 5:00 in the City
Council Chambers, Aspen City Hall, Aspen Colorado, fifteen (15) days prior to which hearing a
public notice of the same shall be published in a newspaper of general circulation within the City of
Aspen.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law,
by the City Council of the City of Aspen on this 27th day of April, 1998.
Approved as to form:
Approved as to content:
• orney
/. A es"
'- 5
John 13 nnett, Mayor
Attest:
Kathryn S. ch, City lark
FINALLY, adopted, passed and approved this 26th day of May, 1998.
Approved as to form:
Approved as to content:
City A orn --
John Bennett, Mayor
Attest:
Kathryn S. K a , City Clerk
Ordinance No. 10, Series 1998
Page 6
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MEMORANDUM
TO: Mayor and City Council
THRU: Amy Margerum, City Manager
Stan Clauson, Community Develop333ent Director
Julie Ann Woods, Deputy Director'\ // , _c
FROM: Christopher Bendon, Planner //
6
RE: Aspen Consolidated Sanitation istrict -- 565 North Mill Street —
Conceptual and Final Specially Planned Area (SPA), Growth Management
Exemption for Essential Public Facilities and one Employee Housing Unit,
and Vested Rights Status.
Second Reading — Public Hearing
DATE: May 26, 1998
SUMMARY:
The Aspen Consolidated Sanitation District is requesting an amendment to the Specially
ez.; y _ e y Planned Area (SPA) for the addition of approximately 8,100 square feet to the existing
f '� building. This amendment requires approval of a Conceptual and Final SPA plan,
gi -ir Conditional Use approval for a maintenance facility and affordable housing within the
Public (PUB) Zone, a Stream Margin Review, Special Review approval to establish the
parking requirement, a waiver of the Residential Design Standards, and an exemption
from the growth management system from City Council. The applicant has also
requested vested rights.
Y1 The development proposed includes 4,500 square feet of vehicle maintenance and wash
Qck- bays, 700 square feet of mechanical and storage areas, 300 square feet of office space, a
cw 770 square foot employees break room with a changing area and a bathroom, and a 1,440
.\;11- square foot 3 bedroom apartment.
The site is partially designated with an SPA overlay. This designation requires a process
for development approval similar to PUD. The underlying zone district does require this
31A 1 process for any part of the site regardless of the partial designation. Staff is
recommending the entire site be designated SPA and building envelopes be recorded to
show the areas approved for development.
Oa. This facility qualifies as an essential public facility under the definition in the land use
u
ea code and is eligible for an exemption from GMQS by City Council following a
recommendation from the Growth Management Commission (GMC).
To offset the impacts of the development and in response to the conditional uses, the
7: applicant is proposing the construction of a 3 bedroom unit deed restricted to Category 4
p rice and income uidelines. The applicant's interest behind this Category is to not
g
�/ t M prohibit a management level employee. The Housing Authority prefers a Category 3
designation with the understanding that the income and asset limitations will not apply
as long as the occupant is an employee of ACSD.
1
The Growth Management Commission and the Planning and Zoning Commission
reviewed this application on April 7, 1998. Both Commissions recommended approval,
by unanimous votes, with the conditions included in this proposed Ordinance.
Staff, the Growth Management Commission, and the Planning and Zoning
Commission have reviewed this application and recommend approval, with
conditions.
MAIN ISSUES FROM FIRST READING:
During first reading of this Ordinance, City Council had a few key items needing further
explanation:
Scenic qualities of development from bike path.
The proposed site plan locates the new facility as far from the river as possible. The
building will be visable from the river path and will be very visable from the bike
path leading up to the post office area. The proposed addition will be in the same
character as the existing building. Staff has asked the applicant to provide City
Council with a rendering of the proposed facility. The project Architect will present
this rendering during the public hearing.
According to the applicant, ACES has reviewed the proposal and is not opposed to
the plans. Tom Cardamone, Executive Director of ACES, expressed concerns over
the raparian habitat along the river edge. The applicant is amenable to providing a
reasonable amount of additional raparian habitat in cooperation with the Parks
ff Department. To the extent Council wants to make this a condition of approval, the
tae ro os
vt `l P p ed Ordinance should be amended.
A concern was also raised about the amount of vegetative sceening provided along
the west side of the property (bike path to the Post Office). Staff believes the
applicant has proposed a substantial amount of screening along this property
boundary. Screening in addition to what has been proposed would most likely be on
City property and should therefore be coordinated with the City's Parks Department.
The odor problem.
The occassional odor is due to the physical layout of the system. The property is a
collection point which captures 60% of the system flows. Due to the topographic
changes, these flows can be turbulent which causes gases which must be vented to
prevent damage to the system. The ACSD is sealing manhole covers and exploring
infrastructure improvements which would provide a greater air seal for the
confluence box. It is staffs understanding that a tighter seals produces more strain
on the system and reduces its functional Iifespan.
The odor factor can be lessened in two ways: 1) more water can be added to the
l i
system to dillute the flows. Larger flows would require a larger system and may also
produce more frequent turbulence; or 2) a chemical could be added to flow sources
which generate turbulence, such as downtown. This alternative posses additional
treatment requirements and introduces a potential bio -hazard to the immediate
neighborhood and to the Roaring Fork River.
Tom Bracewell, Collection System Superintendent, will be able to provide further
technical information to the Council during the public hearing.
7
Development of Additional Housing. Cfi\A lO
According to the applicant, a Colorado State Supreme Court case determined that
special taxing districts, such as the ACSD, could use public moneys from taxes to
build affordable housing only to the extent such housing directly benefits employees
of the district. The ACSD cannot sell or rent their housing to any non - district
employee. This does not preclude a third party from providing funds to build
housing and then leasing the housing to non - district employees. However, the
ACSD has not indicated an interest in developing housing for non - district
employees.
The center of the site appears to be generally open and developable. The applicant
has stressed with staff the importance and constraints of the below ground
infrastructure. This land may support landscaping. Structures, however, would
present large infrastructure redevelopment costs. Areas closer to the river are
somewhat restricted by the Stream Margin and the ACSD does not wish to develop
these areas.
The remaining area north of the existing free - standing housing represents a
development opportunity. The ACSD, however, is interested in preserving this area
for future housing needs for their own employees. The Council may wish to discuss
the opportunities for housing partnerships on this site with the ACSD.
Property Size.
The deed describes this property as 3.79 acres which complys with the 1997 site
survey.
PREVIOUS ACTION:
City Council considered and passed this Ordinance on first reading April 27, 1998.
APPLICANT:
Aspen Consolidated Sanitation District -- Tom Bracewell, Collection System
Superintendent.
Glen Horn, AICP, Representative.
LOCATION:
565 North Mill Street, City of Aspen.
ZONING:
Public (PUB) - Specially Planned Area (SPA) overlay.
LOT SIZE:
3.79 Acres = 165,000 square feet.
FAR:
Pursuant to SPA.
CURRENT LAND USE:
5,600 square feet of maintenance facility and offices. 8 affordable housing units.
PROPOSED LAND USE:
Same with additional maintenance building and one affordable dwelling unit. The
square footage is proposed in the following uses:
3
800 s.f. Wash bay
3,750 s.f. Storage and maintenance bay
702 s.f. Mechanical and lube room
1,404 s.f. Office and miscellaneous
1 s f bey
8,100 s.f. Total
REVIEW PROCEDURE:
SPA plans are reviewed by City Council at a public hearing following a recommendation
by the Planning and Zoning Commission at a public hearing. Growth Management
Exemptions for essential public facilities and affordable housing are reviewed by City
Council at a public hearing following a recommendation by the Growth Management
Commission at a public hearing.
BACKGROUND:
The extent of existing development on the property is approximately 10,654 square feet.
This includes offices, maintenance areas, and 8 employee units. ACSD currently
V
\ � employs 18 people and houses 8, or 44 %, of those employees on -site. This housing
(FLU` c includes 3 studios, 3 one - bedrooms, and 2 two- bedroom units. Using the Housing
Authority's factor for determining the percentage of employees mitigated on -site, these
units house 13.5 employees, or 75% of the total employed.
]c Because there is no steadfast code requirement to determine the number of employees
generated by an essential public facility, the criteria becomes more of what is generally
acceptable to the Council. Prior to receiving an application, staff encouraged the
applicant to review their own employment and housing needs and to address those needs
with this application. The ACSD identified a need for a family oriented unit for a
management level employee and has included this unit in the development proposal.
GROWTH MANAGEMENT:
The application was received in the 97 -98 growth management year. New affordable
housing units are deducted from the annual pool of development allotments. There are
43 allotments available each year plus additional allotments carried from former years.
Approximately 50 allotments in this category carried forward and have been added to the
current 43, equaling approximately 93. To be subtracted from this number are a few
caretaker units approved in the County. The applicant is requesting 1 unit from the 97 -98
growth management year.
STAFF COMMENTS:
The applicant has requested vested property rights status as part of this application.
Vested rights protects the applicant against changes in the land use code for a period of
three years from City Council approval. Approvals not granted this status are protected
for 18 months. There are no review criteria for the Council to consider other than the
c".4 r \i) development requested. Staff recommends the Council consider and approve vested
right to the extent the proposed development is acceptable. Vested rights status has been
included in the proposed Ordinance.
Review criteria and Staff Findings have been included as Exhibit "A." Agency referral
comments have been included as Exhibit "B." The application was included with the
first reading packet previously distributed to Council members.
RECOMMENDATION:
4
Staff, the Growth Management Commission, and the Planning and Zoning Commission
reviewed this application and recommend the City Council approve the Conceptual and
Final Specially Planned Area amendment, extend the SPA designation to the entire site,
approve the Growth Management Exemptions for this essential public facility and one
affordable housing unit, approve the method in which the applicant is proposing to
provide affordable housing, and grant the applicant vested rights status with the
following conditions:
1. Prior to issuance ofa Certificate of Occupancy, a final plat shall be reviewed, approved, and
recorded. This plat shall conform to all relevant plat requirement of the City Engineer and
shall include final drawings depicting the site plan, landscape plan, utility plan, and building
elevations. In addition, this plat shall depict the following: all locations of as -built utilities
and easements; as -built locations of all structures; an access easement and recordation
number for access to the property; the top -of -slope as designated on the landscape plan;
building envelopes following approximately the proposed "SPA" boundary; a note stating
"only native vegetation below the top -of- slope "; note(s) identifying "riparian areas "; a note
stating "the zoning for this property is Public- Specially Planned Area (PUB- SPA)."
2. The applicant shall enter into a "SPA Agreement" with the City of Aspen binding the entire
property to the conditions of approval and such information provided in the final plat. This
SPA Agreement shall be recorded prior to issuance ofa Certificate of Occupancy. The SPA
designation upon the entire site shall be reflected upon the Official Zone District Map of the
City of Aspen.
3. Prior to issuance ofa Building Permit, the applicant shall submit GIS data including property
lines, building footprints, easements, utility placements (existing and proposed), and
encroachments. Prior to issuance ofa Certificate of Occupancy, the applicant shall update
any changes to this information to reflect the information recorded in the final plat.
4. Prior to issuance ofa building permit, the applicant shall submit a drainage plan for
approval. The applicant shall retain drainage on -site during and after construction. All on-
site drainage, surface run -off, and groundwater are prohibited from the public sewer. Oil and
sand interceptors shall be installed for the wash bays and must be covered with a roof
structure if they are served by the public sewer.
5. Prior to issuance ofa Certificate of Occupancy, the applicant shall complete all utility
improvements and record the associated easements. These easements shall be reflected on
the final plat.
6. The applicant shall provide a 3 bedroom affordable housing unit on -site, deed restricted to
Category 3 price guidelines. As long as an occupant is an employee of ACSD, there shall be
no restriction regarding assets or income. ACSD shall retain the right to select the occupant.
Prior to issuance ofa Building Permit, the applicant shall record the appropriate deed
restriction with the Housing Authority.
7. Prior to issuance ofa Certificate of Occupancy for the housing unit, the applicant shall have
the unit inspected to the satisfaction of the Housing Authority. Prior to issuance of a
Certificate of Occupancy for the office and maintenance portions of the building, the
applicant shall obtain a Certificate of Occupancy for the housing unit.
8. Prior to issuance ofa building permit, the applicant shall gain approval from the
Environmental Health Department for a PM 10 mitigation plan. Any mitigation measures
proposed to offset increases in PM 10 shall be completed prior to issuance ofa Certificate of
Occupancy.
5
9. Prior to issuance of a building permit, the applicant shall submit a fugitive dust control plan
including, but not limited to, fencing, watering of haul roads and disturbed areas, daily
cleaning of adjacent paved roads, speed limits, and other measures necessary to limit dust.
10. Any asbestos abatement measures shall be performed by a licensed asbestos removal
company.
11. The applicant shall obey the City's Noise Ordinance which prohibits construction from the
hours of 10 p.m. to 7 a.m. The applicant is encouraged to limit outdoor mechanical activity
after 7 p.m. The applicant is encouraged to address the concerns of neighbors by further
limiting these hours and nature of activity, within reason.
12. Any areas on -site where a vehicle or equipment will idle must have adequate ventilation. If the
ventilation is internal, the system must be designed by a Registered Professional Engineer.
13. Prior to issuance of a building permit, the applicant shall obtain approval from the City Fire
Marshall for specific requirements associated with the storage of hazardous materials,
sprinkling, and alarm systems. The proposed addition shall have a fire suppression system.
The applicant is encouraged to also sprinkle the existing portions of the building.
14. The applicant shall conform to all current building code requirements for the City of Aspen.
This includes, but is not limited to, the Aspen/Pitkin County Energy Code.
15. The applicant is encouraged to use earth tone exterior colors and a non - reflective roof
material.
16. Outdoor lighting shall be downcast and shall be used to a minimum extent. Uplighting and
lighting of landscape or architectural features is prohibited.
17. The applicant shall not use public rights -of -way for construction staging or parking for
contractors and their employees. The applicant shall clean any tracked mud and debris from
the site from adjacent public rights -of -way.
18. Prior to issuance of a certificate of occupancy, the applicant shall replace any curb and/or
'9 gutter damaged during construction.
//) 19. Prior to issuance of a building permit, the applicant shall complete and record an agreement
0 to join any future improvement districts for the purpose c ting improvements which
benefit the property under an assessment formula. 4, - ey pDn , _ Q h_.
20. All utility meters and any new utility pedestals or transformers must be installed on the
applicant's property and not in any public right -of -way. Easements must be provided for
pedestals. All utility locations and easements must be delineated on the site improvement
survey. Revisions to utility locations and easements must be delineated on a revised site
improvement survey prior to issuance of a certificate of occupancy. Meter locations must be
accessible for reading and may not be obstructed.
21. A tree removal permit from the City Parks Department shall be required for the removal or
relocation of trees.
22. The applicant must receive approval for any work within public rights -of -way from the
appropriate City Department. This includes, but is not limited to, approval for a mailbox and
landscaping from the City Streets Department.
23. Before issuance of a building permit, the applicant shall record the Planning and Zoning
Commission and Growth Management Commission resolutions with the Pitkin County Clerk
and Recorder located in the Courthouse Plaza Building. There is a per page recordation fee. In
the altemative, the applicant may pay this fee to the City Clerk who will record the resolutions.
6
24. All material representations made by the applicant in the application and during public
meetings with the Planning and Zoning Commission, Growth Management Commission, and
with City Council shall be adhered to and considered conditions of approval, unless otherwise
amended by other conditions.
25. Prior to issuance of a Certificate of Occupancy, the applicant shall provide a reasonable
amount of additional riparian vegetation along the north side of the property (along the
river) to the approval of the Parks Department
RECOMMENDED MOTION:
"I move to approve Ordinance No. , Series 1998, upon second reading."
CITY MANAGER COMMENTS:
ATTACHMENTS:
Exhibit A -- Review Criteria and Staff Findings
Exhibit B -- Referral Agency Comments
Exhibit C -- Application (included with first reading)
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ORDINANCE NO.
(SERIES OF 1998)
AN ORDINANCE OF THE ASPEN CITY COUNCIL GRANTING CONCEPTUAL AND
FINAL SPECIALLY PLANNED AREA (SPA) APPROVAL, AN EXEMPTION FROM
THE GROWTH MANAGEMENT COMPETITION AND SCORING PROCEDURES FOR
AN EXPANSION OF AN ESSENTIAL PUBLIC FACILITY AND DEVELOPMENT OF
ONE AFFORDABLE HOUSING UNIT, APPROVAL OF THE METHOD IN WHICH
AFFORDABLE HOUSING IS TO BE PROVIDED, AND VESTED PROPERTY RIGHTS
FOR THE ASPEN CONSOLIDATED SANITATION DISTRICT FACILITY, 565 NORTH
MILL STREET, CITY OF ASPEN, PITKIN COUNTY, COLORADO.
Parcel ID No. 2737 - 073 -00 -854
WHEREAS, The Aspen Consolidated Sanitation District (ACSD or applicant) submitted
an application (development proposal) to the Community Development Department for the
development of approximately 8,100 additional square feet for offices, general employee areas, the
storage and maintenance of equipment, and an on -site employee dwelling unit at the ACSD offices,
565 North Mill Street; and,
WHEREAS, the applicant has requested a combined Conceptual and Final Specially
Planned Area (SPA) approval, exemption from the Growth Management Quota System for
essential public facilities and one affordable housing unit, approval of the method in which housing
is proposed to be provided, Conditional Use approvals for affordable housing and a maintenance
facility, a waiver of the "Residential Design Standards," Stream Margin Review, and Special
Review to establish the parking requirements; and,
WHEREAS, the Community Development Department, the Housing Authority, the City
Engineer, the Fire Marshal, the Environmental Health Department, and the Building Department
reviewed the development proposal in accordance with all applicable procedure and review criteria
set forth in Sections 26.28, 26.52, 26.56, 26.58, 26.60 26.64, 26.68, 26.80, and 26.100, of the
Municipal Code; and,
WHEREAS, the Planning and Zoning Commission may approve applications for
Conditional Use, Special Review, waivers of the "Residential Design Standards," and Stream
Margin Review and may recommend City Council approve Specially Planned Areas (SPA)
pursuant to Sections 26.52, 26.58, 26.60, 26.64, 26.68, and 26.80, and did approve said requests
and recommended said actions, by a 6 -0 vote, pursuant to said Sections at a duly noticed public
hearing on April 7, 1998; and,
WHEREAS, the Growth Management Commission may recommend City Council exempt
essential public facilities and affordable housing from the Growth Management Quota System
Ordinance No. , Series 1998
Page 1
pursuant to Sections 26.52 and 26.100, and recommended said action, by a 11 -0 vote, pursuant to
said sections at a duly noticed public hearing on April 7, 1998; and
WHEREAS, the Aspen City Council may approve combined Conceptual and Final
Specially Planned Areas, may exempt from the Growth Management Quota System essential public
facilities and affordable housing, and may approve the method in which an applicant proposes to
supply affordable housing pursuant to Sections 26.52, 26.80, and 26.100 of the Municipal Code of
the City of Aspen, and the Aspen City Council reviewed and considered the development proposal
pursuant to said sections, reviewed and considered those recommendations and approvals as
granted by the Community Development Department, Referral Agencies, the Growth Management
Commission, and the Planning and Zoning Commission, and has taken and considered public
comment at a public hearing held May 26, 1998; and,
WHEREAS, the 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 Council finds that this Ordinance furthers and is necessary for public
health, safety, and welfare purposes.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ASPEN, COLORADO as follows:
Section 1;
That it does hereby grant to the Aspen Consolidated Sanitation District Conceptual and Final
Specially Planned Area (SPA) approval for the development of office space, general employee
areas, maintenance areas, and one affordable housing unit, an exemption from the scoring and
competition procedures of the Growth Management Quota System the essential public facilities and
one affordable housing unit, and approval of the method in which the affordable housing is
proposed to be provided for the subject parcel, the Aspen Consolidated Sanitation District, 565
North Mill Street, City of Aspen parcel number 2737 - 073 -00 -854, with the conditions of approval
delineated in Section 3 below.
Section 2:
The SPA overlay designation shall be applied to the entire subject property. The Official Zone
District Map for this City of Aspen, Colorado, shall be and is hereby amended to reflect the
designation.
Section);
Conditions of Approval:
1. Prior to issuance of a Certificate of Occupancy, a final plat shall be reviewed approved and recorded.
This plat shall conform to all relevant plat requirement of the City Engineer and shall include final
Ordinance No. , Series 1998
Page 2
drawings depicting the site plan, landscape plan, utility plan, and building elevations. In addition,
this plat shall depict the following: all locations of as -built utilities and easements; as -built locations
of all structures; an access easement and recordation number for access to the property; the top -of-
slope as designated on the landscape plan; building envelopes following approximately the proposed
"SPA" boundary; a note stating "only native vegetation below the top-of-slope"; note(s) identifying
"riparian areas"; a note stating "the zoning for this property is Public- Specially Planned Area (PUB -
SPA)."
2. The applicant shall enter into a "SPA Agreement" with the City of Aspen binding the entire property
to the conditions of approval and such information provided in the final plat. This SPA Agreement
shall be recorded prior to issuance of a Certificate of Occupancy. The SPA designation upon the
entire site shall be reflected upon the Official Zone District Map of the City of Aspen.
3. Prior to issuance of a Building Permit, the applicant shall submit GIS data including property lines,
building footprints, easements, utility placements (existing and proposed), and encroachments. Prior
to issuance of a Certificate of Occupancy, the applicant shall update any changes to this information
to reflect the information recorded in the final plat.
4. Prior to issuance of a building permit, the applicant shall submit a drainage plan for approval. The
applicant shall retain drainage on -site during and after construction. All on -site drainage, surface run-
off, and groundwater are prohibited from the public sewer. Oil and sand interceptors shall be
installed for the wash bays and must be covered with a roof structure if they are served by the public
sewer.
5. Prior to issuance of a Certificate of Occupancy, the applicant shall complete all utility improvements
and record the associated easements. These easements shall be reflected on the final plat.
6. The applicant shall provide a 3 bedroom affordable housing unit on -site deed restricted to Category 3
price guidelines. As long as an occupant is an employee of ACSD, there shall be no restriction
regarding assets or income. ACSD shall retain the right to select the occupant. Prior to issuance of a
Building Permit, the applicant shall record the appropriate deed restriction with the Housing
Authority.
7. Prior to issuance of a Certificate of Occupancy for the housing unit, the applicant shall have the unit
inspected to the satisfaction of the Housing Authority. Prior to issuance of a Certificate of
Occupancy for the office and maintenance portions of the building, the applicant shall obtain a
Certificate of Occupancy for the housing unit.
8. Prior to issuance of a building permit, the applicant shall gain approval from the Environmental
Health Department for a PM 10 mitigation plan. Any mitigation measures proposed to offset
increases in PM 10 shall be completed prior to issuance of a Certificate of Occupancy.
9. Prior to issuance of a building permit, the applicant shall submit a fugitive dust control plan
including, but not limited to, fencing, watering of haul roads and disturbed areas, daily cleaning of
adjacent paved roads, speed limits, and other measures necessary to limit dust.
10. Any asbestos abatement measures shall be performed by a licensed asbestos removal company.
11. The applicant shall obey the City's Noise Ordinance which prohibits construction from the hours of
10 p.m. to 7 a.m. The applicant is encouraged to limit outdoor mechanical activity after 7 p.m. The
applicant is encouraged to address the concerns of neighbors by further limiting these hours and
nature of activity, within reason.
Ordinance No. , Series 1998
Page 3
12. Any areas on -site where a vehicle or equipment will idle must have adequate ventilation. If the
•
ventilation is internal, the system must be designed by a Registered Professional Engineer.
13. Prior to issuance of a building permit, the applicant shall obtain approval from the City Fire Marshall
for specific requirements associated with the storage of hazardous materials, sprinkling, and alarm
systems. The proposed addition shall have a fire suppression system. The applicant is encouraged to •
also sprinkle the existing portions of the building.
14. The applicant shall conform to all current building code requirements for the City of Aspen. This
includes, but is not limited to, the Aspen/Pitkin County Energy Code.
15. The applicant is encouraged to use earth tone exterior colors and a non - reflective roof material.
16. Outdoor lighting shall be downcast and shall be used to a minimum extent. Uplighting and lighting
of landscape or architectural features is prohibited.
17. The applicant shall not use public rights -of -way for construction staging or parking for contractors
and their employees. The applicant shall clean any tracked mud and debris from the site from
adjacent public rights -of -way.
18. Prior to issuance of a certificate of occupancy, the applicant shall replace any curb and/or gutter
damaged during construction.
19. Prior to issuance of a building permit, the applicant shall complete and record an agreement to join
any future improvement districts for the purpose of constructing improvements which benefit the
property under an assessment formula.
20. All utility meters and any new utility pedestals or transformers must be installed on the applicant's
property and not in any public right -of -way. Easements must be provided for pedestals. All utility
locations and easements must be delineated on the site improvement survey. Revisions to utility
locations and easements must be delineated on a revised site improvement survey prior to issuance of
a certificate of occupancy. Meter locations must be accessible for reading and may not be
obstructed.
21. A tree removal permit from the City Parks Department shall be required for the removal or relocation of
trees.
22. The applicant must receive approval for any work within public rights -of -way from the appropriate
City Department. This includes, but is not limited to, approval for a mailbox and landscaping from
the City Streets Department.
23. Before issuance of a building permit, the applicant shall record the Planning and Zoning Commission
and Growth Management Commission resolutions with the Pitkin County Clerk and Recorder located
in the Courthouse Plaza Building. There is a per page recordation fee. In the alternative, the applicant
may pay this fee to the City Clerk who will record the resolutions.
Section 4:
All material representations and commitments made by the applicant pursuant to the development
proposal approvals as herein awarded, whether in public hearing or documentation presented before
the Growth Management Commission, Planning and Zoning Commission, and or City Council, are
hereby incorporated in such plan development approvals and the same shall be complied with as if
fully set forth herein, unless amended by other specific conditions.
Ordinance No. , Series 1998
Page 4
s y
Section 5:
Pursuant to Section 26.52.080 of the Aspen Municipal Code and C.R.S. 24 -68- 104(2), City Council
does hereby grant the applicant Vested Property Rights status for the site specific development plan
for the Aspen Consolidated Sanitation District, 565 North Mill Street, as approved by Ordinance
Number , Series of 1998, for a period of three (3) years from the date said Ordinance is
approved with the following conditions:
1. The rights granted by this site specific development plan shall remain vested for a period of three (3)
years from the effective date hereof. However, any failure to abide by any of the terms and conditions
attendant to this approval shall result in forfeiture of said vested property rights. Failure to properly
record all plats and agreements required to be recorded by the Municipal Code shall also result in
forfeiture of said vested property rights.
2. The approval granted hereby shall be subject to all rights of referendum and judicial review; except that
the period of time permitted by law for the exercise of such rights shall not begin to run until the date of
publication provided for in Section 26.52.080(D)
3. Zoning that is not part of the site specific development plan approved hereby shall not result in the
creation of a vested property right.
4. Nothing in the approvals provided in this Ordinance shall exempt the site specific development plan
from subsequent reviews and or approvals required by this Ordinance or the general rules, regulations
or ordinances of the City provided that such reviews or approvals are not inconsistent with the
approvals granted and vested herein.
5. The establishment herein of a vested property right shall not preclude the application of ordinances or
regulations which are general in nature and are applicable to all property subject to land use regulation
by the City of Aspen including, but not limited to, building, fire, plumbing, electrical and mechanical
codes. In this regard, as a condition of this site development approval, the developer shall abide by any
and all such building, fire, plumbing, electrical and mechanical codes, unless an exemption therefrom is
granted in writing.
Section 6:
Pursuant to Section 26.52.080(D) of the Municipal Code, the City Clerk shall cause notice of this
Ordinance to be published in a newspaper of general circulation within the City of Aspen no later
than fourteen (14) days following final adoption hereof.
Section 'L
That the City Clerk is directed, upon the adoption of this ordinance, to record a copy of this
ordinance in the office of the Pitkin County Clerk and Recorder.
Section 8:
This Ordinance shall not affect any existing litigation and shall not operate as an abatement of any
action or proceeding now pending under or by virtue of the ordinances repealed or amended as
herein provided, and the same shall be conducted and concluded under such prior ordinances.
Ordinance No. , Series 1998
Page 5
Section 9:
If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason
held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a
separate, distinct and independent provision and shall not affect the validity of the remaining
portions thereof.
Section 10:
A public hearing on the Ordinance shall be held on the 26th day of May, 1998 at 5:00 in the City
Council Chambers, Aspen City Hall, Aspen Colorado, fifteen (15) days prior to which hearing a
public notice of the same shall be published in a newspaper of general circulation within the City of
Aspen.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law,
by the City Council of the City of Aspen on this 27th day of April, 1998.
Approved as to form: Approved as to content:
City Attorney John Bennett, Mayor
Attest:
Kathryn S. Koch, City Clerk
FINALLY, adopted, passed and approved this day of , 1998.
Approved as to form: Approved as to content:
City Attorney John Bennett, Mayor
Attest:
Kathryn S. Koch, City Clerk
Ordinance No. , Series 1998
Page 6
Exhibit A
STAFF COMMENTS
Specially Planned Area (SPA)
1. Whether the proposed development is compatible with or enhances the mix of
development in the immediate vicinity of the parcel in terms of land use, density,
height, bulk, architecture, landscaping and open space.
Staff Finding_
This SPA is compatible with adjacent development. Because the property is zoned Public
(PUB), the review must include either a PUD or SPA. The property has been zoned with a SPA
overlay for 20+ years. This process allows the applicant to modify the zoning uses and
dimensions. The uses and dimensions proposed are not drastically different from the underlying
PUB Zone District.
Staff suggests the plat reflect the SPA overlay for the whole property, designate building
envelopes, the top -of- slope, and appropriate native vegetation below the top -of- slope.
2. Whether sufficient public facilities and roads exist to service the proposed
development.
Staff Findine:
Basic services are sufficient.
3. Whether the parcel proposed for development is generally suitable for
development, considering the sbpe, ground instability and the possibility of mud
flow, rock falls, avalanche dangers and flood hazards.
Staff Ending:
The applicant has avoided areas of flood hazard by placing the structure to the South end of the
property, away from the river.
4. Whether the proposed development creatively employs land planning techniques
to preserve significant view planes, avoid adverse environmental impacts and
provide open space, trails and similar amenities for the users of the project and
the public at large.
Staff Finding:
The applicant's site plan is sensitive to the nearby public trail and is sensitive to visible open
space on the property by the placement of the new development.
5. Whether the proposed development is in compliance with the Aspen Area
Comprehensive Plan.
Staff Finding:
The AACP is silent concerning the need for, and appropriate location for, necessary
infrastructure. A basic concept of comprehensive city planning is the strategic planning for basic
services. If the townsite were a clean slate, this area of town would most likely be prescribed for
public park uses. The town benefited greatly when the bulk of the processing operation moved
downstream to the present location below the AABC, leaving the management and
Staff comments page 1
administrative functions on Mill Street. This separation makes much more sense given the
present land use, operating characteristics of the ACSD, and of the system.
The AACP does identify this parcel as a potential housing site. This recommendation was
probably considered a scenario of the ACSD vacating the parcel. Without this vacation,
however, the site still does lend itself to housing. Proximity to work, recreation, and other
neighborhoods is a benefit of the housing uses.
6. Whether the proposed development will require the expenditure of excessive
public funds to provide public facilities for the parcel, or the surrounding
neighborhood.
Staff Finding:
ACSD is a non - profit and the development will come from their budget. No significant public
expenditure for basic services is expected in relation to this development.
7. Whether proposed development on slopes in excess of twenty (20) percent meet
the slope reduction and density requirements of Section 26.84.030(B)(2)(b).
Staff Finding:
Slope reduction does not affect the proposed density.
8. Whether there are sufficient GMQS allotments for the proposed development.
Staff Finding:
The applicant must receive an allotment from City Council. The essential public facility and the
affordable housing unit may be exempted from the scoring and competition procedures with a
recommendation from the Growth Management Commission. The Growth Management
Commission has reviewed this application and recommended, by an 11 -0 vote, the Council
approve the exemption.
Exemption for Essential Public Facilities:
1. Except for housing, development shall be considered an essential public facility if
it serves an essential public purpose, provides facilities in response to the
demands of growth, is not itself a significant growth generator, is available for use
by the general public, and serves the needs of the City.
Staff Finding:
The Sanitation District is an essential public facility according to this definition and may be
exempted pursuant to this Section.
2. An applicant for an exemption pursuant to this section shall be required to
demonstrate to the satisfaction of the City Council that the impacts of the
essential public facility will be mitigated, including those associated with the
generation of additional employees, the demand for parking, road and transit
services, and the need for basic services including but not limited to water supply,
sewage treatment, drainage control, fire and police protection, and solid waste
disposal. It shall also be demonstrated that the proposed development has a
negligible adverse impact on the city's air, water, land and energy resources, and
is visually compatible with surrounding areas.
Staff Finding;
This standard allows for an essential public facility to be exempted by City Council as long as
the appropriate mitigation measures are taken to off -set the impacts of the development. These
Staff comments page 2
impacts may include parking, air quality, basic services such as water and sewer, and the
increase in employees.
Employee Housing
With private sector commercial applications, there exists a standard to address the creation of
employees which is based upon the amount of net leasable square footage created through the
development. There is no such simple formula for essential public facilities because the concept
of net leasable does not apply as cleanly.
With prior applications, staff has used the amount of additional office space as an indicator of
the number of new employees which could be accommodated by the facility. This factor
describes 3.5 employees per 1000 square feet of net leasable. Applied to this case, the small
amount of office space creates approximately 1 employee. This seems to be a fair assessment
assuming the office space as shown looks to be for one employee. The remainder of the interior
space addresses the general needs for employees. Lockers, a break room, etc. The AACP
prescribes 60% of new employee generation to be mitigated.
The difficulty in assessing the employment generation of a maintenance facility is that not every
employee necessarily operates within a traditional office. The applicant has stated that there will
not be an increase in employees as a result of this development. Nevertheless, staff feels that
there should be some acknowledgment of the capacity for additional employment in the future
based on the size of the facility as proposed.
During the pre- application process, staff encouraged the applicant to provide an employee unit to
off-set the impacts of the development. The applicant was encouraged to review their employee
housing needs and address them with the facility development. The applicant has stated a need
for a family- oriented unit for a management level employee.
The Sanitation District provides more housing than other similar government or quasi-
governmental agencies. There are currently 8 housing units on -site, housing 8 employees, or
44% of the 18 total employees. Using the Housing Authority's number for how many people are
housed specific to the type (size) of the units, these 8 units house 13.5 employees, or 75% of the
18 total.
Staff feels that the 3 bedroom unit is necessary for the applicant to provide and adequately
addresses the impacts of the development. By using the Housing Authority's numbers, this unit
mitigates for 3 employees. If this mitigation is for 60% of the total employees created, the total
would be 5 employees. The development as proposed will increase ACSD's capacity to employ,
but not by more than 5 employees.
The Housing Authority left the door open with regard to creating a `mitigation bank' in which
any over mitigation could be accounted for and applied to future projects. Staff feels that future
projects should be evaluated within the context of the whole facility on this site and the
provision, or lack thereof, of employee housing should be evaluated at that time. The applicant,
however, has asked employee mitigation beyond the minimum requirement be applied to future
developments as a "mitigation bank." The Growth Management Commission did not make a
recommendation concerning the "bank" idea, finding the proposed unit adequately met the
impacts of the development. Council may want to discuss this "mitigation bank" element of the
application during the public hearing.
Staff comments page 3
Other Impacts
The applicant has proposed 3 parking spaces for the maintenance facility and for the housing
unit. Staff does not see any problems with this provision and feels the applicant has the ability to
adequately address the demand for parking. This is not generally a facility which receives a high
amount of customer traffic. Staff suggests that the applicant address parking concerns by
appropriately signing spaces for short-term, employee parking, and residential parking.
Increases in PMI O (air pollution) will have to be mitigated to the standards of the Environmental
Health Department.
The property currently has sufficient water and sewer service. The applicant may have to
relocate water mains which will require providing the appropriate easements for maintenance.
The scale and massing of the proposed building are characteristic of the area. The Council may
want the applicant to state the expected use and color of exterior materials. Generally, staff
would suggest earth tone colors and a low reflectivity roof material. The Council should
discourage the use of outdoor lighting beyond what is necessary. This should preclude the use of
light to accentuate landscape features or call attention to architectural details. Exterior lighting
should also be downcast. These concerns were raised by staff with the Planning and Zoning
Commission and have been included in the recommended set of conditions.
3. Notwithstanding the criteria as set forth in Sections 26.100.050(C)(2)(a)(1) and
26.100.050(C)(2)(a)(2) the City Council may determine upon application that
development associated with a nonprofit entity qualifies as an essential public
facility and may exempt such development from the growth management
competition and scoring procedures and such mitigation requirements as it
deems appropriate and warranted.
Staff Finding:
The ACSD is an essential public facility. The City Council may waive such mitigation
requirements as it deems necessary and warranted. Staff has addressed the mitigation concerns
above.
Exemption for Affordable Housing:
Affordable housing deed restricted in accordance with the guidelines of the City Council
and its housing designee shall be exempt from the scoring and competition procedures of
growth management by City Council.
Staff Finding:
The proposal includes one 3- bedroom unit deed restricted to Category 4. The Housing Authority
has stated a preference for Category 3 designation without the income or asset limitation in
effect until sold or leased to an employee outside of the ACSD. This unit, if approved by City
Council, will be deducted from the annual pool of development allotments.
Approval of the method:
Approval of the method by which the applicant proposes to provide affordable housing shall be
at the option of the City Council, upon the recommendation of the Growth Management
Commission. In evaluating the applicant's proposal, the advice of the Aspen/Pitkin County
Housing Authority shall be sought in considering the following factors:
Staff comments page 4
1. Whether the city has an adopted plan to develop affordable housing with monies
received from payment of affordable housing dedication fees.
Staff Finding,;
The City, through the Housing Authority, has developed an affordable housing plan for both
public and private monies. Developers are strongly encouraged to mitigate on -site before
considering off -site or payments -in -lieu.
2. Whether the city has an adopted plan identifying the applicant's site as being
appropriate for affordable housing.
Staff Finding;
The AACP does specifically recognize this site appropriate for moderate density housing stating
the proximate location to services, recreation, and other neighborhoods. The plan also
acknowledges the potential of relocating endangered historic cottages to the property. These
statements, however were probably under a scenario of relocating the Sanitation District which is
not being proposed. Staff believes that the development of affordable housing close to the
center of town and within walking distance to work opportunities and community facilities is
appropriate and desirable.
3. Whether the applicant's site is well suited for the development of affordable
housing, taking into account the availability of services, proximity to employment
opportunities and whether the site is affected by environmental constraints to
development or historic preservation concems.
Staff Finding:
As mentioned in the response to #2, above, the site is well- suited for providing affordable
housing on -site. There are no known historical constraints to development on this site.
Environmental constraints are most likely associated with the prior treatment facility (not located
where the development is proposed) and can be mitigated.
4. Whether the method proposed will result in employee housing being produced
prior to or at the same time the impacts of the development will be experienced
by the community.
S taff Finding_:
The applicant will be developing the affordable housing at the same time as the maintenance
facility.
5. Whether the development itself requires the provision of affordable housing on-
site to meet its service needs.
Staff Finding:
The development does not specifically require this affordable housing to be provided on -site, but
it does benefit the ACSD and minimizes commuter traffic.
Vested Rights:
Vested Rights status protects the applicant against changes in the land use code for a period of
three years from City Council approval. Approvals not granted this status are protected for 18
months.
There are no review criteria for the Council to consider other than the development requested.
Staff recommends the Council consider and approve vested right to the extent the proposed
development is acceptable.
Staff comments page 5
tritti 4 15
SON
MEMORANDUM
To: Chris Hendon, Project Planner
Thnu: Nick Adeh, City Engi oj
e .�
From: Ross C. Soderstrom, Project Engineer ACCT
Date: March 10, 1998
Re: Aspen Consolidated Sanitation District SPA Specially Planned Area Amendment, Conditional
Use (Maintenance Shop and Affordable Housing), Essential Public Facilities Exemption, Special
Review (Off - Street Parking), Stream Margin, Residential Design Standards, and Vested Property
Rights Reviews
Physical Address: 565 North Mill Street, City of Aspen, CO
Legal Description: A tract of land within the NW 1/4, SW 1/4, Section 7, T 10 S, R 84 W, 6th P.M.,
City of Aspen, CO
[Aspen Consolidated Sanitation District Specially Planned Area (SPA)]
Parcel ID No.: xxxx- xxx- :CC
After reviewing the above referenced application and making a site visit, I am reporting the combined
comments made by the members of the DRC:
[Site conditions at the time of site visits: February 18 and March 10, 1998; 2 - 4 ft snow paclq ground surface
and features indistinguishable under snow pack.]
Discussion: This application is an update to an existing SPA in which the Aspen Consolidated Sanitation
District has substantially completed the conditions of approval from prior reviews for this site so there are
relatively few significant comments or conditions to be addressed.
1. Improvement Survey and Subdivision Plat: The applicant will need to file an updated SPA plat
for the in uperty by the completion of the proposed improvements. The plat needs to conform to the standards
of a subdivision plat with additional notes for the specific conditions of the SPA and other types of reviews
and approvals. The plat should include the site, landscaping and utility plans in addition to the improvement
and subdivision plat contents. Confer with the City Engineering Dept. for specific details.
The applicant will be required to complete the standard requirements and conditions associated with the
form(s) of development requested in the application.
2. Changes in Conditions: If the proposed use, density, or timing of construction of the project
change, or the site, parking, drainage or utility plans for this project change subsequent to this review, a
•
DRCM0598.DOC
1 OF 4
Memo - Aspen Consolidated Sanitation District SPA: Specially Planned Area Amendment. Conditional Use (Maintenance Shop and Affordable
Housing), Essential Public Facilities Exemption. Special Review (Off-Street Parking), Stream Margin. Residential Design Standards.
and Vested Property Rights Renews
complete set of the revised plans shall be provided to the Engineering Dept. for review and re- evaluation. The
discussion and recommendations given in this memorandum apply to the application and plans (dated
December 15, 1997) provided for this review and such comments and recommendations may change in
response to changes in the use, density, or timing of the construction of the project, or changes in the site,
parking, drainage or utility designs.
3. City Water Dept.: Verify, if possible from available records. the location of the water main
(possibly steel) which is believed to have been abandoned in place and to be located along the easterly property
boundary. If apptupt fate, the City may abandon the easement for this line it is no longer required. The well
house in the center of the property is used to pump raw water for irrigating the landscaping on the site. The
district should contact the City Water Dept. about operation of the well and the ownership and maintenance of
the water main and two (2) fire hydrants serving the property. If not already in place, obtain an easement from
the adjacent property owner for the water main from N. Mill Street which serves this property. (The strip of
land between N. Mill St. and the subject property appears to belong to Piticin County.)
4. City Streets Dept.: There is a dewatering drainage line from the Rio Grande Parking Garage
which crosses this property before feeding into Hallam Lake. Libby Cowling (Holy Cross Electric
Association) recalls that this drainage line was buried deepest and the electrical, telephone and cable television
lines were buried on a bench of the same trench excavation above and to the side of the drainage line. If
possible, the location of this drainage line should be included in the utility plan and an easement granted to the
- City of Aspen or the existing easement description corrected to reflect the actual location of the drainage line if
it lies outside of the utility easement.
• 5. Holy Cross Electric Association: According to Libby Cowling (Holy Cross Electric Assoc.)
there are two (2) electrical three phase transformers located on the property. Easements should be granted for
the electrical lines connecting to the transformers and for the transfrmers themselves, if these do not already
exist. The vault in the parking area north of the fueling pumps is probably not an electrical vault and the
identity and label should be collected in the utility plans for the building permit.
6. Utility & Service Easements: As needed, additional easements should be granted for existing and
proposed utility lines through the property and these should be depicted on the plat to be recorded. Field
locates should be made for the existing utilities to verify their locations verses the description of the existing
common utility easement before preparing the final boundary plat and utility plans.
7. ACSD: Any drains serving the garage or other areas where the drains may capture oil, grease
and sand, will need to have oil & sand interceptors installed in -line before the flows are discharged to the
sanitary sewer or the stormwater drainage system.
8. Asper Fire Protection District: The new building and garages will need to be equipped with
the sprinklers and fire alarms.
•
•
DRCM0598.DOC
2 OF 4
Memo - Aspen Consolidated Sanitation District SPA: Specially Planned Area Amendment. Conditional Use (Maintenance Shop and Affordable
Housing), Essential Public Facilities Exemption, Special Review (Off -Street Parking), Stream Margin. Residential Deign Standards,
and Vested Property Rights Reviews
9. City Parks Dept: It appears that only one tree requiring a. tree removal permit will be impacted
by the proposed expansion. The Sanitation District will also coordinate work in the sanitary sewer easement on
the westerly side of the property with the City Parks Dept. for trail closure and re- vegetation.
10. Drainage - On -site & Off -site: The roof and foundation drains on the existing office and garage
building are drained through a pipe which day- lights near the northwesterly comer of the property. The new
roof and foundation drain systems will cormect to this system. During a site visit with Tom Bracewell
(ACSD) he explained that the area denoted on the utility plan for a detention basin will be reserved for this
possible future use although the existing depressed area (swale) will remain essentially unchanged at this time.
Low berms along the gravel driveway within the site direct and contain the surface rum -off which percolates.
Snow storage is accommodated in the open grass areas across the site. The proposed discharge pipe from the
detention basin, crossing the trail to outfall at the river, shown on the utility plan in the application packet, will
not be installed.
11. Access to Public Rights -of -Way and Parking: This property is landlocked from the N. Mill St.
right -of -way by an intervening parcel which belongs to Pitkin County. The right of access needs to be verified
or an access easement from Pitkin County needs to be obtained. Information identifying the recorded access
easement needs to be included in the plat submitted for recording.
In order to make the proposed sanitary sewer service tap for the new building, the District will need to obtain a
right -of -way permit and coordinate closure of the lower, pedestrian path along the Rio Grande Trail on the
westerly side of the property with the City Parks Dept-.
The proposed vehicle parking plan appears suitable for the intended purposes.
12. Specially Planned Area: Recommendations particular to the SPA (and Conditional Use and
Essential Public Facilities Exemption) are incorporated in the other recommendations of this review
memorandum. Due to the location of this property at the bottom of the drainage basin and next to the river,
Tom Bracewell reports that the seasonal ground water table is approximately 6 ft deep at the intended building
site (southerly end of the property) and approximately 4 ft deep near the trail at the northerly end of the
property. The drainage plan is designed given these conditions and functions acceptably for the existing
buildings. If ground water becomes a problem in the construction or permanent drainage system for the site,
the applicant should confer with the City Engineering Dept. about revisions to the site drainage plans.
•
13. Stream Margin: The top of slope for the river bank and any wetlands and riparian zones were
not identified on the Improvement Survey provided with the application although the majority of the proposed
work is obviously beyond the 15 ft top of slope setback. With the deletion of the outfall drainage pipe, there is
no work proposed along the river bank nor on the river -side of the bike path.
N.B.: Wetlands and riparian zones are to be shown on the improvement survey submitted for the application
regardless of whether work is proposed in these areas and should not be contingent upon making a site visit to
verify the existence and location of these areas.
•
DRCM0598.DOC •
3OF4
Memo - Aspen Consolidated Sanitation District SPA; Spinally Planned Area Anmtdntnt. Conditional Use (Mainwnance Shop and Affordable
Housing), Essential Public Facilities Exemption. Special Review (Off-Street Parting), Stream Margin. Residential Design Standards,
and Vested Property Rights Reviews
14. Improvement Districts: The property owner is required to join any future improvement
districts formed for the purpose of constructing public limp' uvements which benefit the property under an
assessment formula. The agreement would be executed and recorded concurrent with recording the
subdivision plat.
15. As- Builts: Prior to C.O. issuance the building permit applicant will be required to submit to the
Aspen/Pitkin County Information Services Dept. as- builts drawings for the project showing the property lines,
building footprint, easements, encroachments, entry points for utilities entering the property boundaries and
any other improvements.
16. Work in the Public Rights -of -Way: Given the continuous problems of unapproved work and
development in public rights -of -way and easements, we advise the - applicant as follows:
The applicant must receive approval from: City Engineering (920 -5080) for design
of improvements, including landscaping and grading, within public rights -of -way;
Parks Department (920 -5120) for vegetation species and placement, - and irrigation
systems; Streets Department (920 -5130) for mailboxes, street and alley cuts; and
shall obtain permits for any work or development, including landscaping, within
public rights -of -way from the City Community Development Department (920 - 5090).
PRC Meeting 9ttendees;
Applicant: Glenn Hom - planner for applicant, Toni Bracewell - Applicant
Staff & Referral Agencies: Tom Bracewell, Mitch Haas, Rebecca Schickling, Ross Soderstlrom, Nick
Adeh, Jack Reid, Nancy MacKenzie, Chris Bendon, Bill Earley
Others: Gideon Kaufman, Bill Sawyers, Bruce Lewis, Alan Richman, Michael Thompson, James von Brewer
•
DRCM059S.DOC
40F4
MEMORANDUM
To: Chris Bendon, Community Development Department
Through: Lee Cassin, Assistant Environmental Health Director `n�
From: Nancy MacKenzie , Environmental Health Specialist
Date: March 18, 1998
Re: Aspen Consolidated Sanitation District Substantial SPA Amendment
The Aspen /Pitkin Environmental Health Department has reviewed the land use submittal under authority
of the Municipal Code of the City of Aspen, and has the following comments.
SEWAGE TREATMENT AND COLLECTION: Section 11 -1.7 "It shall be unlawful for the owner or occupant of any building
used for residence or business purposes within the city to construct or reconstruct an on -site sewage disposal device."
The plans to provide wastewater disposal for this project through the central collection lines of the Aspen
Consolidated Sanitation District (ACSD) meet the requirements of this department
ADEQUATE PROVISIONS FOR WATER NEEDS: Section 23 -55 "All buildings, structures, facilities, parks, or the like within
the city limits which use water shall be connected to the municipal water utility system."
The provision of potable water from the City of Aspen system is consistent with Environmental Health
policies ensuring the supply of safe water. The City of Aspen Water Department shall determine if
adequate water is available for the project. The City of Aspen water supply meets all standards of the
Colorado Department of Health for drinking water quality. A letter of agreement to serve the project must
be provided.
WATER OUALTTY IMPACTS: Section 11 -1.3 "For the purpose of maintaining and protecting its municipal water supply from
injury and pollution, the city shall exercise regulatory and supervisory jurisdiction within the incorporated limits of the City of Aspen and over
all streams and sources contributing to municipal water supplies for a distance of five (5) miles above the points from which municipal water
supplies are diverted?
A drainage plan to mitigate the water quality impacts from drive and parking areas will be evaluated by
the City Engineer.
•
AIR QUALITY: Sections 11 -2.1 "It is the purpose of [the air quality section of the Municipal Code] to achieve the maximum practical
degree of air purity possible by requiring the use of all available practical methods and techniques to control, prevent and reduce air pollution
throughout the city.-" The Land Use Regulations seek to lessen congestion" and "avoid transportation demands that cannot be met" as well as
to "provide dean air by protecting the natural air sheds and reducing pollutant?.
The major air quality impact is the emissions resulting from the traffic generated by this project. PM -10
(83% of which comes from traffic driving on paved roads) is a significant health concern in Aspen. The
traffic generated will also produce carbon monoxide and other emissions that are health concerns. The
1
municipal code requires developments to achieve the maximum practical degree of air purity by using all
available practical methods to reduce pollution. The applicant needs to implement measures that will
minimize traffic increases of the development, or offset the emissions from the project with PM10
reduction measures elsewhere. In order to do this, the applicant will need to determine the traffic increases
generated by the project (using standard ITE trip generation rates), commit to a set of control measures,
and show that the control measures offset the traffic or PM10 produced by the project.
The increase in office area by 1,400 sq if and a new 1,400 sq ft employee housing unit will produce more
traffic and increase PM10. The vehicle wash bay, the shop /vehicle area and the mechanical room for these
two areas are not assumed to generate additional vehicle trips since they are to house activities that are
currently performed outside and are not to generate increased use.
The standard ITE trip generation rates for a Utility (Code 170) is .79 trips generated per 1,000 ft.
1400 /1000 = 1.4
1.4 X .79 = 1.1 trips /day generated by the expansion to the office for this Utility
The standard ITE generation rate for one affordable housing unit (Code 210) is 9.55 trips / day.
Using the standards established by the " Pitkin County Road Management Sr Maintenance Plan" several
pre - approved trip per day reductions can be used with this land use category:
1.5 when 1/2 mile from support services
2.0 for on -site employee housing
1.0 for on -site employee housing located 1/2 mile of transit stop
9.55 /day reduced by 4.5 trips /day = 5 trips /day generated by the affordable housing unit.
5.0 + 1.1= 6 total trips per day will be generated by the expansion and will have to be mitigated.
ACSD should determine what could be done in the immediate area that would encourage at least 6 people
per day to wallc, bike or take the bus instead of driving. This could include constructing a sidewallc, trail or
bike path link. The City Engineering Department and Parks Department could be contacted to coordinate
with them on any new or ongoing projects in the immediate area.
Providing employees with bikes for intown errands, free bus passes and /or encouraging car or van pools
are other ways to decrease vehicle trips. A contribution could be made to acquire easements for trails,
maintain bikepaths, or construct trails. A $1,380 contribution would mitigate 1 trip. A $8,280 contribution
would mitigate the 6 trips generated by this project.
A condition of approval should be that before the building permit can be issued the
applicant provide information to the Aspen/Pitkin Environmental Health Department
which documents that proposed mitigation measures are sufficient to offset increases in
PMro caused by the project. The mitigation measures must be completed before the final
CO can be issued.
2
FIItEPLACEJWOODSTOVE PERMITS
If there are any fireplaces in this project, the applicant must file a fireplace /woodstove permit with the
Environmental Health Department before the building permit will be issued. In the City of Aspen,
buildings may have two gas log fireplaces or two certified woodstoves (or 1 of each) and unlimited
numbers of decorative gas fireplace appliances per building. New homes may NOT have wood burning
fireplaces, nor may any heating device use coal as fuel.
FUGITIVE DUST
A condition of approval should be that a fugitive dust control plan is required which includes, but is not
limited to fencing, watering of haul roads and disturbed areas, daily cleaning of adjacent paved roads to
remove mud that has been carried out, speed limits, or other measures necessary to prevent windblown
dust from crossing the property line or causing a nuisance.
ASBESTOS
Commercial - Prior to remodel, expansion or demolition of any public or commercial building, before
any demolition involving any material put in before 1986 (besides concrete, bricks, or steel) including
removal of drywall, carpet, tile, etc., the state must be notified and a person licensed by the state to do
asbestos inspections must do an inspection. Environmental Health cannot sign any building permits
until we get this report. If there is no asbestos, the demolition can proceed. If asbestos is present, it must
be removed by a licensed asbestos removal contractor.
CONFORMANCE WITH OTHER ENVIRONMENTAL HEALTH LAWS:,
NOISE ABATEMENT: Section 16 "The dty council finds and declares that noise is a significant source of environmental pollution
that represents a present and increasing threat to the public peace and to the health, safety and welfare of the residents of the City of Aspen
and it its visitors. Accordingly, it is the policy of council to provide standards for pemussible noise levels in various areas and manners and
at various times and to prohibit noise in excess of those levels."
During construction, noise can not exceed maximum permissible sound level standards, and construction
cannot be done except between the hours of 7 a.m. and 10 p.m.
It is very likely that noise generated during the construction phase of this project will have some negative
impact on the neighborhood. The applicant should be aware of this and take measures to minimize the
predicted high noise levels.
3
F73 23 'S8 .0: ;SAM ;SPEN -4OUSING OFC: P.1
MEMORANDUM
TO: Chris 8endon, Community Development Department
FROM: Cindy Christensen, Housing Office
DATE: February 23, 1998
RE: Aspen Consolidated Sanitation District Substantial SPA Amendment
Parcel ID No.
_ —
1'a: The applicant b requesting approval to expand an existing maintenance and storage facility for
vehicle maintenance bays, office space, storage space and one affordable housing unit.
mocartoura The affordable housing unit is proposed to be a 1,440 square foot, Category 4, ttree-
bedroom rental affordable housing unit. The applicant is asking a Category 4 designation to make the unit
available in the future for the family of a District supervisor or manager. The applicant does state, though,
that the unit will probably be occupied by a lower Intorne family in the near future,
The square footage of the unit falls under the minimum square footage for a Category 4 unit The main
Concern with the Category 4 designation is the natal for a lower income family.
The applicant also states that this expansion will not create any addittonS employeee, therefore, the applicant
would like to use this unit far credit in the future,
gp AW*t: he Housing Cfflce recommends approval with the following conditions:
1. Deed restrict the unit to a Category 3 with the stipulation that as long as the tenam works for the
Aspen Consolidated Sanitation District, income andlor assets do not corm into play.
2. Provide a list of the arrant employees and one year after CerlNkete of Occupancy, an audit should
be completed verifying the number of employees. Should there be arty additional employees, the
three.bedroom unit wiI be used for this mitigation.
3. A deed restriction must be tiled guaranteeing the unit;
a. ghat be required to be muted and be rented for periods of no Is then sec (e) =new upon venenay
of the unit, a hMord is granted fatty -Ike (45) days in whi b beats a quailed tenant
b. shat not be occupied by she owner or marries of the immerge fanny (as dewed in section 3-
150.130(A)(4) not stunt be used as a guest horse or guest Melly
e. all tenants suet bar approv d by the /haparrfPtiuu Courtly FoSrgAuChorty and aoplaa of the signed
teen muse be provided to the Housing Moe shoving the amsunt ram shamed and she tens of the
lease;
d, Cis maximum rental raffia shat not exceed the Housing Authority Category 3 level or equivalent
4. An inspection of the unit may be done by the Housing Deluxe.
11 this Is approved, a copy of the deed restriction she'd be obtained from the Housing Office and is required
le be recorded before any buirfnq paint an be approved.
cc r� is '
spe onso r afe anifafr'on �sfricf
565 North Mill Street �
Aspen, Colorado 81611 RECi
Tele. (970) 925 -3601 FAX #(970) 925-2537
I 1 1995
Sy Kelly • Chairman Michael Kelly
Paul Smith • Treas. Frank Loushirc,L
Louis Popish • Secy. %tank ie ty, t%l
MEMO
TO: Chris Bendon
FROM: Tom Bracewell
DATE: May 12, 1998
SUBJECT: ACSD: SPA Application
Dear Chris,
Enclosed are the affidavits with pictures that have been notarized, a copy of the notices
that were sent, and a list of the land owners that the notices were mailed to. Please let
me know if you need anything else. Thanks!
Sinc
Thomas R. Bracewell
Collection Systems Superintendent
Rhonda Harris, Community Development
John Worcester, City of Aspen Attorney
Glen Horn, Planner
EPA Awards of Excellence
1976•1986•1990
Regional and National
County of Pitkin } AFFIDAVIT OF NOTICE PURSUANT
} ss , TO ASPEN LAND USE REGULATION
State of Colorado } SECTION 26.52.060 (E)
i T k5 g, , being or representing an
Applicant to the City of Aspen, personally certify that I have complied with the public notice
requirements pursuant to Section 26.52.060 (E) of the Aspen Land Use Regulations in the following
manner.
1. By mailing of notice, a copy of which is attached hereto, by first- class, postage prepaid
U.S. Mail to all owners of property with three hundred (300) feet of the subject
property, as indicated on the attached list, on the 8 day of _ in A - ? / , 1998 (which is Li
days prior to the public hearing date of f r 71 (`i 8.
2. By posting a sign in a conspicuous place on the subject property (as it could be seen
from the nearest public way) and that the said sign was posted and visible continuously
from the 9 day of M ' , 1996 (Must be posted for at least ten (10) full
days before the hearing date). A photograph of the posted sign is attached hereto.
. , 7)i■ 4,‘
Signature
Signed before me this � day
,199gby
PUBLIC NOTICE
DATE ;ikon 17 `)(01
TIME'a'ipm
PLACE(A loll (P
PURPOSE cm.ke
L� WITNESS MY HAND AND OFFICIAL SEAL
rAL�cs �;"l �eAh rfe+-
{ My commission expires: 1 (?-(i (O 0 0
1'�, yy _
• ' ` _ J C�.i\�\ S . �, C � `0
vt \ �
1
, .,• N• Lary Pub r •
No T Public's Signature R Y P
• JANET S.
: • O 0
PUBLIC NOTICE
RE: ASPEN CONSOLIDATED SANITATION DISTRICT CONCEPTUAL AND
FINAL SPECIALLY PLANNED AREA (SPA) AMENDMENT, GROWTH
MANAGEMENT EXEMPTION FOR ESSENTIAL PUBLIC FACILITIES AND
ONE AFFORDABLE HOUSING UNIT, AND VESTED PROPERTY RIGHTS
STATUS
NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, May 26,
1998, 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 the
Aspen Consolidated Sanitation District requesting a substantial amendment to the
Specially Planned Area (SPA); to consider a maintenance facility and one affordable
housing unit, both of which may be exempted by City Council from the scoring and
competition procedures of the Growth Management System, and to consider vested
property rights status for a period of three years. The property is located at 565 North Mill
Street, and is described as a tract of land within the NW 1/4 of the S W 1/4. of Section 7,
Township 10 South, Range 84 West of the 6th P.M. For further information, contact Chris
Bendon at the Aspen/Pitkin Community Development Department, 130 S. Galena St.,
Aspen, CO (970) 920 -5072.
s /John Bennett, Mayor
Aspen City Council
Published in the Aspen Times on May 9, 1998
City of Aspen Account
LIST OF PROPERTY OWNERS
WITHIN 300 FEET OF SUBJECT
ASPEN CONSOLIDATED SANITATION DISTRICT
Parcel ID No. 2737 073 00854
This list was compiled by accessing the Pitkin County Assessor's Public Record via the Pitkin
County Assessors' Web Site — Database Search as the records appeared on 1/14/98 and 1/15/98.
Several addresses were not available via the Web Site (approximately 6 names) and those records
were requested via telephone conversation with Angie & Renee of the Assessor's Office (on
1/14/98 and 1/5/98), and the information give to us by the staff was then entered onto this list.
2737073 00012 2737073 00013
John F. Baldwin, Jr. Roaring Fork Ventures LLC
Mrs. St. Andrew Roine 557 N. MW Street
POB 502 Aspen CO 81611
Aspen CO 81612 -0502
273707300048
2737072 00026 Mill Street Venture
c/oFWMC
Marc & Karen Friedberg POB 1112
POB 8747 Crested Butte CO 81224 -1112
Aspen CO 81612 -8747
2737073 05003
273707300010
Aspen Center for Environmental Studies
Tercero Corporation 100 Puppy Smith Street
Oklahoma Corporation Aspen CO 81611
4400 One Williams Center
Tulsa OK 74172 2737073 00853 Lone Pine Road Right -of -Way
2737073 00859 Aspen Art Museum
2737072 13001 2737073 04851 Electric Switch Station
2737073 03851 Lakewood Addition
Oden & Company 2737073 31851 Jenny Adair Park
POB 660 2737073 52853 Trueman Lot 3
Aspen CO 81612 -0660
City of Aspen
2737073 00001 130 S. Galena St.
Aspen CO 81611
Oden Enterprises
c/o Nancy Oden 273707300861
POB 660
Aspen CO 81612 -0660 Mill Street Parcels
Pitkin County
506 E. Main Street
Aspen CO 81611
1 2737073 52852 R009231 - 273707354706
2737 073 52 852 (R014175)
1
011ie Ubrach
United States Postal Service POB 1 1223
Western Region Aspen CO 81612
I San Bruno CA 94099
R009232 - 27307354707
TRUEMAN CENTER
1 Cyndy A. Reid & Gregory L. Hanle
273707352001 POB 4221
273707352004 Aspen CO 81612 -4221
1 Truman Aspen Co., an LP R009233 - 273707354708
94 N. High Street Suite 50
II Dublin OH 43017 Brigitte T. Birrfelder
Lone Pine Apts.
LONE PINE TH 0155 Lone Pine Road A -8
Aspen CO 81611
1(009226 - 273707354701
R009234 - 273707354709
0 Jason M. Lasser
POB 8941 Dorothy Ann Sharp
Aspen CO 81612 -8941 0155 Lone Pine Road A -9
1
Aspen CO 81611
8009227- 273707354702
R009235 - 273707354710
I Gayle A. Godwin
POB 10776 Marilyn K. Foss
Aspen CO 81612 POB 10149
Aspen CO 81612
R009228 - 273707354703
R009236- 273707354711
Pauline E. Ingram
0155 Lone Pine Road A -3 Blair S. Elliot
Aspen CO 81611 0155 Lone Pine Road A -11
Aspen CO 81611
1 8009229- 273707354704
R009237 - 273707354712
Franklin P. Adriance, III
I 0155 Lone Pine Road A-4 Charles C. Dale & Sandra G. Pena
Aspen CO 81611 POB 9505
Aspen CO 81612 -9505
R009230- 2737073547
R009238- 273707354713
Vitashka Kirshen
1 0155 Lone Pine Road A -5 James R Gulley
Aspen CO 81611 POB 2158
Aspen CO 81612 -2158
0
111
R009239- 273707354714 R009247 - 273707354722
Anthony R. Bell Mary Katherine Etheridge
POB 449 POB 1462
Aspen CO 81612 -0449 Aspen CO 81612 -1462
11009240 - 273707354715 R009248- 273707354723
Virginia C. Straka Richard Sherman
0155 Lone Pine Road A -15 0155 Lone Pine Road B -3
Aspen CO 81611 Aspen CO 81611
R009241- 273707354716 R009249- 273707354724
Della J. Pegolotti & Jack Vickery James Robert Perlmutter
POB 12360 POB 11385
Aspen CO 81612 Aspen CO 81612
R009242 - 273707354717 R009250- 273707354725
Johnie C. Mickles & Perri A. Madison Barbara L. Norris
0155 Lone Pine A -17 POB 1629
Aspen CO 81611 Aspen CO 81612 -1629
R009243 - 273707354718 R009251 - 27370734726
Peter & Pam Mathes Elizabeth Farson
0155 Lone Pine A -18 POB 10602
Aspen CO 81611 Aspen CO 81612
R009244- 273707354719 R009252 - 27370734727
Thomas R. O'Brien & Dominic C. Lanese Stan Snyder
0155 Lone Pine Road A -19 0155 Lone Pine Road B -7
Aspen CO 81611 Aspen CO 81611
R009245 - 273707354720 R009253- 273707354728
Thomas Voorhies Peter J. Platek
POB 619 0155 Lone Pine Road B4
Aspen CO 81612 -0619 Aspen CO 81611
R009246 - 273707354721 (says Unit B -1 in R009735 - 273707371001
records, but mailing address states A -2)
Zuhair H. Fayez
Shirley M. & Paul V. MacDonald c/o Fayez Properties NV
0155 Lone Pine Road A -2 777 29' Street Suite 202
Aspen CO 81611 Boulder CO 80303
R009736 - 273707371002 R009744 - 273707371010
Schultz Living Trust Sam Shamie & Mark Richman, I
Roger & Priscilla Schultz Trustees 26111 W. 14 Mile Road, Ste. LL-4
3849 Paseo Del Campo Franklin MI 48025
Palos Verdes Estates, CA 80274
R009745 - 273707371011
8009737- 273707371003
Glenn & Carol Center Daly
Synergy Partnership & Eileen Rostad 300 Puppy Smith St, 205 -305
610 E. Hyman Ave. Aspen CO 81611
Aspen CO 81611
R009746 - 273707371012
R009738 - 273707371004
Alexander Garrett Kaspar
Francis Ginsburg POB 12061
POB 9961 Aspen CO 81612
Aspen CO 8 1612 -9961
COMMON GROUND
R009739 - 273707371005
R014676 through R014696
Jerome D. Ginsberg
c/a Lansco Corp. 273707378701
866 Third Ave., Suite 2800
New York, NY 10022 John R. Wedum
101 Independence Place
R009740- 273707371006 Aspen CO 81611
John C. Ginn 273707378702
POB 256
Aspen CO 81612 -0256 William Reid & Jaqueline Lse Boughton
102 Independence Place
R009741- 273707371007 Aspen CO 81611
Trust of Beverly Trupp of 1996 273707378703
887 Red Arrow Trail
Palm Desert CA 92211 Jo-Ann Hall
103 Independence Place
R009742 - 273707371008 Aspen CO 81611
14 Mrray C. Pitt 27377378704
2000 Town Center Suite 1350
Southfield MI 48075 Dianne L. Garzoli
104 Independence Place
R009743- 273707371009 Aspen CO 81611
Dr. Morris Barton MD
6245 N. 24t Parkway, Ste. 1005
Phoenix AZ 85016
,M,,
•
273707378705 2737078713
Michael David Sladdin Kirk Bmnswold & Tammie Lane
205 Independence Place 413 Inck:penddice Place
Aspen CO 81611 Aspen CO 81611
73707378706 2737078714
Thomas & Silke Buesch Roya Bddik
206 Independence Place 414 Lndepc Bence Place
Aspen CO 81611 Aspen CO 81611
273707378707 273707378715
David Michael & Michelle Franklin Michael C. Ireland
207 Independence Place 225 N. Jill St #203
Aspen CO 81611 Aspen CO 81611
273707378708 273707378716
Beatrice M. Haggerty Marcia L. Goshom
308 Independence Place 516 Independence Place
Aspen CO 81611 Aspen CO 81611
273707378709 273707378717
Richard & Susan De Campo Monika Helmstedt
309 Independence Place POB 1141
Aspen CO 81611 Aspen CO 81612 -1141
273707378710 273707378718
Michael S. & Elaine Johnson Bonds Michele McClinton
310 Independence Place 618 Independence Place
Aspen CO 81611 Aspen CO 81611
273707378711 • 273707378719
Laurence H. Bielfield Connie Lyn Boguess
311 Independence Place 619 Independence Place
Aspen CO 81611 Aspen CO 81611
273707378712 273707278720
Mark A. Kirch Jon & Mill Bowman
412 Independence Place 620 Independence Place
Aspen CO 81611 Aspen CO 81611
1 ry
273707378721
Christine A. Hipp
621 Independence Place
Aspen CO 81611
11!.
a�t. Affairs
Dept o f L
a rtmen Director
\ 01 Paula Herzmark, E
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7-,,chard D. Lamm, 1979
December 19+
filbert Kern, Esq
Sox 3893 Colorado 8161 w hich
Aspen
Kern: Attorney G'eneral's opinion
s the district
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\LL 93
MEMORANDUM
TO: Mayor and City Council
THRU: Amy Margerum, City Manager
Stan Clauson, Community Development Director
Julie Ann Woods, Deputy Directo ♦ %,
FROM: Christopher Hendon, Planner !/ V
RE: Aspen Consolidated Sanitation District -- 565 North Mill Street --
Conceptual and Final Specially Planned Area (SPA), Growth Management
Exemption for Essential Public Facilities and one Employee Housing Unit,
and Vested Rights Status.
First Reading
DATE: April 27, 1998
SUMMARY:
The Aspen Consolidated Sanitation District is requesting an amendment to the Specially
Planned Area (SPA) for the addition of approximately 8,100 square feet to the existing
building. This amendment requires approval of a Conceptual and Final SPA plan,
Conditional Use approval for a maintenance facility and affordable housing within the
Public (PUB) Zone, a Stream Margin Review, Special Review approval to establish the
parking requirement, a waiver of the Residential Design Standards, and an exemption
from the growth management system from City Council. The applicant has also
requested vested rights.
The development proposed includes 4,200 square feet of vehicle maintenance bays, 800
square feet of mechanical and storage areas, 300 square feet of office space, a 770 square
foot employees break room with a changing area and a bathroom, and a 1,440 square
foot 3 bedroom apartment.
The site is partially designated with an SPA overlay. This designation requires a process
for development approval similar to PUD. The underlying zone district does require this
process for any part of the site regardless of the partial designation. Staff is
recommending the entire site be designated SPA and building envelopes be recorded to
show the areas approved for development.
This facility qualifies as an essential public facility under the definition in the land use
code and is eligible for an exemption from GMQS by City Council following a
recommendation from the Growth Management Commission (GMC).
To offset the impacts of the development and in response to the conditional uses, the
applicant is proposing the construction of a 3 bedroom unit deed restricted to Category 4
price and income guidelines. The applicant's interest behind this Category is to not
prohibit a management level employee. The Housing Authority prefers a Category 3
designation with the understanding that the income and asset limitations will not apply
as long as the occupant is an employee of ACSD.
1
The Growth Management Commission and the Planning and Zoning Commission
reviewed this application on April 7, 1998. Both Commissions recommended approval,
by unanimous votes, with the conditions included in this proposed Ordinance.
Staff, the Growth Management Commission, and the Planning and Zoning
Commission have reviewed this application and recommend approval, with
conditions.
PREVIOUS ACTION:
City Council has not previously considered this application. The most recent
amendments to this SPA were in 1986 (4,154 square feet of additional office,
maintenance, and vehicle storage) and in 1989 (two additional employee units).
APPLICANT:
Aspen Consolidated Sanitation District -- Tom Bracewell, Collection System
Superintendent.
Glen Horn, AICP, Representative.
LOCATION:
565 North Mill Street, City of Aspen.
ZONING:
Public (PUB) - Specially Planned Area (SPA) overlay.
LOT SIZE:
3.79 Acres = 165,000 square feet.
FAR:
Pursuant to SPA.
CURRENT LAND USE:
5,600 square feet of maintenance facility and offices. 8 affordable housing units.
PROPOSED LAND USE:
Same with additional maintenance building and one affordable dwelling unit. The
square footage is proposed in the following uses:
800 s.f. Wash bay
3,750 s.f. Storage and maintenance bay
702 s.f. Mechanical and lube room
1,404 s.f. Office and miscellaneous
1 ,,(14_10oni a apartment
8,100 s.f. Total
REVIEW PROCEDURE:
SPA plans are reviewed by City Council at a public hearing following a recommendation
by the Planning and Zoning Commission at a public hearing. Growth Management
Exemptions for essential public facilities and affordable housing are reviewed by City
Council at a public hearing following a recommendation by the Growth Management
Commission at a public hearing.
2
BACKGROUND:
The extent of existing development on the property is approximately 10,654 square feet.
This includes offices, maintenance areas, and 8 employee units. ACSD currently
employs 18 people and houses 8, or 44 %, of those employees on -site. This housing
includes 3 studios, 3 one- bedrooms, and 2 two- bedroom units. Using the Housing
Authority's factor for determining the percentage of employees mitigated on -site, these
units house 13.5 employees, or 75% of the total employed.
Because there is no steadfast code requirement to determine the number of employees
generated by an essential public facility, the criteria becomes more of what is generally
acceptable to the Council. Prior to receiving an application, staff encouraged the
applicant to review their own employment and housing needs and to address those needs
with this application. The ACSD identified a need for a family oriented unit for a
management level employee and has included this unit in the development proposal.
GROWTH MANAGEMENT:
The application was received in the 97 -98 growth management year. New affordable
housing units are deducted from the annual pool of development allotments. There are
43 allotments available each year plus additional allotments carried from former years.
Approximately 50 allotments in this category carried forward and have been added to the
current 43, equaling approximately 93. To be subtracted from this number are a few
caretaker units approved in the County. The applicant is requesting 1 unit from the 97 -98
growth management year.
STAFF COMMENTS:
The applicant has requested vested property rights status as part of this application.
Vested rights protects the applicant against changes in the land use code for a period of
three years from City Council approval. Approvals not granted this status are protected
for 18 months. There are no review criteria for the Council to consider other than the
development requested. Staff recommends the Council consider and approve vested
right to the extent the proposed development is acceptable. Vested rights status has been
included in the proposed Ordinance.
Review criteria and Staff Findings have been included as Exhibit "A." Agency referral
comments have been included as Exhibit `B." The application has been included as
Exhibit "C."
RECOMMENDATION:
Staff, the Growth Management Commission, and the Planning and Zoning Commission
reviewed this application and recommend the City Council approve the Conceptual and
Final Specially Planned Area amendment, extend the SPA designation to the entire site,
approve the Growth Management Exemptions for this essential public facility and one
affordable housing unit, approve the method in which the applicant is proposing to
provide affordable housing, and grant the applicant vested rights status with the
following conditions:
1. Prior to issuance of a Certificate of Occupancy, a final plat shall be reviewed approved and
recorded. This plat shall conform to all relevant plat requirement of the City Engineer and
shall include final drawings depicting the site plan, landscape plan, utility plan, and building
elevations. In addition, this plat shall depict the following: all locations of as -built utilities
and easements, as -built locations of all structures, an access easement and recordation
number for access to the property, the top -of -slope as designated on the landscape plan,
3
r s.y
building envelopes following approximately the proposed "SPA" boundary, a note stating
"only native vegetation below the top -of- slope," note(s) identifying "riparian areas," a note
stating "the zoning for this property is Public - Specially Planned Area (PUB- SPA)."
2. The applicant shall enter into a "SPA Agreement" with the City of Aspen binding the entire
property to the conditions of approval and such information provided in the final plat. This
SPA Agreement shall be recorded prior to issuance of a Certificate of Occupancy. The SPA
designation upon the entire site shall be reflected upon the Official Zone District Map of the
City of Aspen.
3. Prior to issuance of a Building Permit, the applicant shall submit GIS data including property
lines, building footprints, easements, utility placements (existing and proposed), and
encroachments. Prior to issuance of a Certificate of Occupancy, the applicant shall update
any changes to this information to reflect the information recorded in the final plat.
4. Prior to issuance of a building permit, the applicant shall submit a drainage plan for
approval. The applicant shall retain drainage on -site during and after construction. All on-
site drainage, surface run -off, and groundwater are prohibited from the public sewer. Oil and
sand interceptors shall be installed for the wash bays and must be covered with a roof
structure if they are served by the public sewer.
5. Prior to issuance of a Certificate of Occupancy, the applicant shall complete all utility
improvements and record the associated easements. These easements shall be reflected on
the final plat.
6. The applicant shall provide a 3 bedroom affordable housing unit on -site deed restricted to
Category 3 price guidelines. As long as an occupant is an employee of ACSD, there shall be
no restriction regarding assets or income. ACSD shall retain the right to select the occupant.
Prior to issuance of a Building Permit, the applicant shall record the appropriate deed
restriction with the Housing Authority.
7. Prior to issuance of a Certificate of Occupancy for the housing unit, the applicant shall have
the unit inspected to the satisfaction of the Housing Authority. Prior to issuance of a
Certificate of Occupancy for the office and maintenance portions of the building, the
applicant shall obtain a Certificate of Occupancy for the housing unit.
8. Prior to issuance of a building permit, the applicant shall gain approval from the
Environmental Health Department for a PM 10 mitigation plan. Any mitigation measures
proposed to offset increases in PM 10 shall be completed prior to issuance of a Certificate of
Occupancy.
9. Prior to issuance of a building permit, the applicant shall submit a fugitive dust control plan
including, but not limited to, fencing, watering of haul roads and disturbed areas, daily
cleaning of adjacent paved roads, speed limits, and other measures necessary to limit dust.
10. Any asbestos abatement measures shall be performed by a licensed asbestos removal
company.
11. The applicant shall obey the City's Noise Ordinance which prohibits construction from the
hours of 10 p.m. to 7 a.m. The applicant is encouraged to limit outdoor mechanical activity
after 7 p.m. The applicant is encouraged to address the concerns of neighbors by further
limiting these hours and nature of activity, within reason.
12. Any areas on -site where a vehicle or equipment will idle must have adequate ventilation. If the
ventilation is internal, the system must be designed by a Registered Professional Engineer.
13. Prior to issuance of a building permit, the applicant shall obtain approval from the City Fire
Marshall for specific requirements associated with the storage of hazardous materials,
4
sprinkling, and alarm systems. The proposed addition shall have afire suppression system.
The applicant is encouraged to also sprinkle the existing portions of the building.
14. The applicant shall conform to all current building code requirements for the City of Aspen.
This includes, but is not limited to, the Aspen/Pitkin County Energy Code.
15. The applicant is encouraged to use earth tone exterior colors and a non- reflective roof
material.
16. Outdoor lighting shall be downcast and shall be used to a minimum extent. Uplighting and
lighting of landscape or architectural features is prohibited.
17. The applicant shall not use public rights -of -way for construction staging or parking for
contractors and their employees. The applicant shall clean any tracked mud and debris from
the site from adjacent public rights -of -way.
18. Prior to issuance of a certificate of occupancy, the applicant shall replace any curb and /or
gutter damaged during construction.
19. Prior to issuance of a building permit, the applicant shall complete and record an agreement
to join any future improvement districts for the purpose of constructing improvements which
benefit the property under an assessment formula.
20. All utility meters and any new utility pedestals or transformers must be installed on the
applicant's property and not in any public right -of -way. Easements must be provided for
pedestals. All utility locations and easements must be delineated on the site improvement
survey. Revisions to utility locations and easements must be delineated on a revised site
improvement survey prior to issuance of a certificate of occupancy. Meter locations must be
accessible for reading and may not be obstructed.
21. A tree removal permit from the City Parks Department shall be required for the removal or
relocation of trees.
22. The applicant must receive approval for any work within public rights -of -way from the
appropriate City Department. This includes, but is not limited to, approval for a mailbox and
landscaping from the City Streets Department.
23. Before issuance of a building permit, the applicant shall record the Planning and Zoning
Commission and Growth Management Commission resolutions with the Pitkin County Clerk
and Recorder located in the Courthouse Plaza Building. There is a per page recordation fee. In
the alternative, the applicant may pay this fee to the City Clerk who will record the resolutions.
24. All material representations made by the applicant in the application and during public
meetings with the Planning and Zoning Commission, Growth Management Commission, and
with City Council shall be adhered to and considered conditions of approval, unless otherwise
amended by other conditions.
RECOMMENDED MOTION:
"I move to approve Ordinance No. fa, series 1998, upon first reading."
CITY MANAGER COMMENTS:
ATTACHMENTS:
Exhibit A -- Review Criteria and Staff Findings
Exhibit B -- Referral Agency Comments
Exhibit C -- Application
5
ORDINANCE NO. / ()
(SERIES OF 1998)
AN ORDINANCE OF THE ASPEN CITY COUNCIL GRANTING CONCEPTUAL AND
FINAL SPECIALLY PLANNED AREA (SPA) APPROVAL, AN EXEMPTION FROM
THE GROWTH MANAGEMENT COMPETITION AND SCORING PROCEDURES FOR
AN EXPANSION OF AN ESSENTIAL PUBLIC FACILITY AND DEVELOPMENT OF
ONE AFFORDABLE HOUSING UNIT, APPROVAL OF THE METHOD IN WHICH
AFFORDABLE HOUSING IS TO BE PROVIDED, AND VESTED PROPERTY RIGHTS
FOR THE ASPEN CONSOLIDATED SANITATION DISTRICT FACILITY, 565 NORTH
MILL STREET, CITY OF ASPEN, PITKIN COUNTY, COLORADO.
Parcel ID No. 2737 - 073 -00 -854
WHEREAS, The Aspen Consolidated Sanitation District (ACSD or applicant) submitted
an application (development proposal) to the Community Development Department for the
development of approximately 8,100 additional square feet for offices, general employee areas, the
storage and maintenance of equipment, and an on -site employee dwelling unit at the ACSD offices,
565 North Mill Street; and,
WHEREAS, the applicant has requested a combined Conceptual and Final Specially
Planned Area (SPA) approval, exemption from the Growth Management Quota System for
essential public facilities and one affordable housing unit, approval of the method in which housing
is proposed to be provided, Conditional Use approvals from affordable housing and maintenance
facility, a waiver of the "Residential Design Standards," Stream Margin Review, and Special
Review to establish the parking requirements; and,
WHEREAS, the Community Development Department, the Housing Authority, the City
Engineer, the Fire Marshal, the Environmental Health Department, and the Building Department
reviewed the development proposal in accordance with all applicable procedure and review criteria
set forth in Sections 26.28, 26.52, 26.56, 26.58, 26.60 26.64, 26.68, 26.80, and 26.100, of the
Municipal Code; and,
WHEREAS, the Planning and Zoning Commission may approve applications for
Conditional Use, Special Review, waivers of the "Residential Design Standards," and Stream
Margin Review and may recommend City Council approve Specially Planned Areas (SPA)
pursuant to Sections 26.52, 26.58, 26.60, 26.64, 26.68, and 26.80, and approved said requests and
recommended said actions, by a 6 -0 vote, pursuant to said Sections at a duly noticed public hearing
on April 7, 1998; and,
WHEREAS, the Growth Management Commission may recommend City Council exempt
essential public facilities and affordable housing from the Growth Management Quota System
Ordinance No. , Series 1998
Page 1
pursuant to Sections 26.52 and 26.100, and recommended said action, by a 11 -0 vote, pursuant to
said sections at a duly noticed public hearing on April 7, 1998; and
WHEREAS, the Aspen City Council may approve combined Conceptual and Final
Specially Planned Areas, may exempt from the Growth Management Quota System essential public
facilities and affordable housing, and may approve the method in which an applicant proposes to
supply affordable housing pursuant to Sections 26.52, 26.80, and 26.100 of the Municipal Code of
the City of Aspen, and the Aspen City Council reviewed and considered the development proposal
pursuant to said sections, reviewed and considered those recommendations and approvals as
granted by the Community Development Department, Referral Agencies, the Growth Management
Commission, and the Planning and Zoning Commission, and has taken and considered public
comment at a public hearing held May 26, 1998; and,
WHEREAS, the 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 Council finds that this Ordinance furthers and is necessary for public
health, safety, and welfare purposes.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ASPEN, COLORADO as follows:
Section 1:
That it does hereby grant to the Aspen Consolidated Sanitation District Conceptual and Final
Specially Planned Area (SPA) approval for the development of office space, general employee
areas, maintenance areas, and one affordable housing unit, an exemption from the scoring and
competition procedures of the Growth Management Quota System the essential public facilities and
one affordable housing unit, and approval of the method in which the affordable housing is
proposed to be provided for the subject parcel, the Aspen Consolidated Sanitation District, 565
North Mill Street, City of Aspen parcel number 2737 - 073 -00 -854, with the conditions of approval
delineated in Section 3 below.
Section 2•
The SPA overlay designation shall be applied to the entire subject property. The Official Zone
District Map for this City of Aspen, Colorado, shall be and is hereby amended to reflect the
designation.
Section 3:
Conditions of Approval:
1. Prior to issuance of a Certificate of Occupancy, a final plat shall be reviewed approved and recorded.
This plat shall conform to all relevant plat requirement of the City Engineer and shall include final
drawings depicting the site plan, landscape plan, utility plan, and building elevations. In addition,
Ordinance No. , Series 1998
Page 2
this plat shall depict the following: all locations of as -built utilities and easements, as -built locations
of all structures, an access easement and recordation number for access to the property, the top -of-
slope as designated on the landscape plan, building envelopes following approximately the proposed
"SPA" boundary, a note stating "only native vegetation below the top -of- slope," note(s) identifying
"riparian areas," a note stating "the zoning for this property is Public- Specially Planned Area (PUB -
SPA)."
2. The applicant shall enter into a "SPA Agreement" with the City of Aspen binding the entire property
to the conditions of approval and such information provided in the final plat. This SPA Agreement
shall be recorded prior to issuance of a Certificate of Occupancy. The SPA designation upon the
entire site shall be reflected upon the Official Zone District Map of the City of Aspen.
3. Prior to issuance of a Building Permit, the applicant shall submit GIS data including property lines,
building footprints, easements, utility placements (existing and proposed), and encroachments. Prior
to issuance of a Certificate of Occupancy, the applicant shall update any changes to this information
to reflect the information recorded in the final plat.
4. Prior to issuance of a building permit, the applicant shall submit a drainage plan for approval. The
applicant shall retain drainage on -site during and after construction. All on -site drainage, surface run-
off, and groundwater are prohibited from the public sewer. Oil and sand interceptors shall be
installed for the wash bays and must be covered with a roof structure if they are served by the public
sewer.
5. Prior to issuance of a Certificate of Occupancy, the applicant shall complete all utility improvements
and record the associated easements. These easements shall be reflected on the final plat.
6. The applicant shall provide a 3 bedroom affordable housing unit on -site deed restricted to Category 3
price guidelines. As long as an occupant is an employee of ACSD, there shall be no restriction
regarding assets or income. ACSD shall retain the right to select the occupant. Prior to issuance of a
Building Permit, the applicant shall record the appropriate deed restriction with the Housing
Authority.
7. Prior to issuance of a Certificate of Occupancy for the housing unit, the applicant shall have the unit
inspected to the satisfaction of the Housing Authority. Prior to issuance of a Certificate of
Occupancy for the office and maintenance portions of the building, the applicant shall obtain a
Certificate of Occupancy for the housing unit.
8. Prior to issuance of a building permit, the applicant shall gain approval from the Environmental
Health Department for a PM 10 mitigation plan. Any mitigation measures proposed to offset
increases in PM 10 shall be completed prior to issuance of a Certificate of Occupancy.
9. Prior to issuance of a building permit, the applicant shall submit a fugitive dust control plan
including, but not limited to, fencing, watering of haul roads and disturbed areas, daily cleaning of
adjacent paved roads, speed limits, and other measures necessary to limit dust.
10. Any asbestos abatement measures shall be performed by a licensed asbestos removal company.
11. The applicant shall obey the City's Noise Ordinance which prohibits construction from the hours of
10 p.m. to 7 a.m. The applicant is encouraged to limit outdoor mechanical activity after 7 p.m. The
applicant is encouraged to address the concerns of neighbors by further limiting these hours and
nature of activity, within reason.
Ordinance No. , Series 1998
Page 3
12. Any areas on -site where a vehicle or equipment will idle must have adequate ventilation. If the
ventilation is internal, the system must be designed by a Registered Professional Engineer.
13. Prior to issuance of a building permit, the applicant shall obtain approval from the City Fire Marshall
for specific requirements associated with the storage of hazardous materials, sprinkling, and alarm
systems. The proposed addition shall have a fire suppression system. The applicant is encouraged to
also sprinkle the existing portions of the building.
14. The applicant shall conform to all current building code requirements for the City of Aspen. This
includes, but is not limited to, the Aspen/Pitkin County Energy Code.
15. The applicant is encouraged to use earth tone exterior colors and a non - reflective roof material.
16. Outdoor lighting shall be downcast and shall be used to a minimum extent. Uplighting and lighting
of landscape or architectural features is prohibited.
17. The applicant shall not use public rights -of -way for construction staging or parking for contractors
and their employees. The applicant shall clean any tracked mud and debris from the site from
adjacent public rights -of -way.
18. Prior to issuance of a certificate of occupancy, the applicant shall replace any curb and /or gutter
damaged during construction.
19. Prior to issuance of a building permit, the applicant shall complete and record an agreement to join
any future improvement districts for the purpose of constructing improvements which benefit the
property under an assessment formula.
20. All utility meters and any new utility pedestals or transformers must be installed on the applicant's
property and not in any public right -of -way. Easements must be provided for pedestals. All utility
locations and easements must be delineated on the site improvement survey. Revisions to utility
locations and easements must be delineated on a revised site improvement survey prior to issuance of
a certificate of occupancy. Meter locations must be accessible for reading and may not be
obstructed.
21. A tree removal permit from the City Parks Department shall be required for the removal or relocation of
trees.
22. The applicant must receive approval for any work within public rights -of -way from the appropriate
City Department. This includes, but is not limited to, approval for a mailbox and landscaping from
the City Streets Department.
23. Before issuance of a building permit, the applicant shall record the Planning and Zoning Commission
and Growth Management Commission resolutions with the Pitkin County Clerk and Recorder located
in the Courthouse Plaza Building. There is a per page recordation fee. In the alternative, the applicant
may pay this fee to the City Clerk who will record the resolutions.
Section 4:
All material representations and commitments made by the applicant pursuant to the development
proposal approvals as herein awarded, whether in public hearing or documentation presented before
the Growth Management Commission, Planning and Zoning Commission, and or City Council, are
hereby incorporated in such plan development approvals and the same shall be complied with as if
fully set forth herein, unless amended by other specific conditions.
Ordinance No. , Series 1998
Page 4
Section 5:
Pursuant to Section 26.52.080 of the Aspen Municipal Code and C.R.S. 24 -68- 104(2), City Council
does hereby grant the applicant Vested Property Rights status for the site specific development plan
for the Aspen Consolidated Sanitation District, 565 North Mill Street, as approved by Ordinance
Number , Series of 1998, for a period of three (3) years from the date said Ordinance is
approved with the following conditions:
1. The rights granted by this site specific development plan shall remain vested for a period of three (3)
years from the effective date hereof. However, any failure to abide by any of the terms and conditions
attendant to this approval shall result in forfeiture of said vested property rights. Failure to properly
record all plats and agreements required to be recorded by the Municipal Code shall also result in
forfeiture of said vested property rights.
2. The approval granted hereby shall be subject to all rights of referendum and judicial review; except that
the period of time permitted by law for the exercise of such rights shall not begin to run until the date of
publication provided for in Section 26.52.080(D)
3. Zoning that is not part of the site specific development plan approved hereby shall not result in the
creation of a vested property right.
4. Nothing in the approvals provided in this Ordinance shall exempt the site specific development plan
from subsequent reviews and or approvals required by this Ordinance or the general rules, regulations
or ordinances of the City provided that such reviews or approvals are not inconsistent with the
approvals granted and vested herein.
5. The establishment herein of a vested property right shall not preclude the application of ordinances or
regulations which are general in nature and are applicable to all property subject to land use regulation
by the City of Aspen including, but not limited to, building, fire, plumbing, electrical and mechanical
codes. In this regard, as a condition of this site development approval, the developer shall abide by any
and all such building, fire, plumbing, electrical and mechanical codes, unless an exemption therefrom is
granted in writing.
Section 6:
Pursuant to Section 26.52.080(D) of the Municipal Code, the City Clerk shall cause notice of this
Ordinance to be published in a newspaper of general circulation within the City of Aspen no later
than fourteen (14) days following final adoption hereof.
Section 7:
That the City Clerk is directed, upon the adoption of this ordinance, to record a copy of this
ordinance in the office of the Pitkin County Clerk and Recorder.
Section 8:
This Ordinance shall not affect any existing litigation and shall not operate as an abatement of any
action or proceeding now pending under or by virtue of the ordinances repealed or amended as
herein provided, and the same shall be conducted and concluded under such prior ordinances.
Ordinance No. , Series 1998
Page 5
Section 9:
If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason
held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a
separate, distinct and independent provision and shall not affect the validity of the remaining
portions thereof.
Section 10:
A public hearing on the Ordinance shall be held on the 26th day of May, 1998 at 5:00 in the City
Council Chambers, Aspen City Hall, Aspen Colorado, fifteen (15) days prior to which hearing a
public notice of the same shall be published in a newspaper of general circulation within the City of
Aspen.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law,
by the City Council of the City of Aspen on this 27th day of April, 1998.
Approved as to form: Approved as to content:
City Attorney John Bennett, Mayor
•
Attest:
Kathryn S. Koch, City Clerk
FINALLY, adopted, passed and approved this day of , 1997.
Approved as to form: Approved as to content:
City Attorney John Bennett, Mayor
Attest:
Kathryn S. Koch, City Clerk
Ordinance No. , Series 1998
Page 6
... ... .......... .. .. .. .. ..
Exhibit A
STAFF COMMENTS
Specially Planned Area (SPA)
1. Whether the proposed development is compatible with or enhances the mix of
development in the immediate vicinity of the parcel in terms of land use, density,
height, bulk, architecture, landscaping and open space.
Staff Finding:
This SPA is compatible with adjacent development. Because the property is zoned Public
(PUB), the review must include either a PUD or SPA. The property has been zoned with a SPA
overlay for 20+ years. This process allows the applicant to modify the zoning uses and
dimensions. The uses and dimensions proposed are not drastically different from the underlying
PUB Zone District.
Staff suggests the plat reflect the SPA overlay for the whole property, designate building
envelopes, the top -of- slope, and appropriate native vegetation below the top -of- slope.
2. Whether sufficient public facilities and roads exist to service the proposed
development.
Staff Finding
Basic services are sufficient.
3. Whether the parcel proposed for development is generally suitable for
development, considering the slope, ground instability and the possibility of mud
flow, rock falls, avalanche dangers and flood hazards.
Staff Finding
The applicant has avoided areas of flood hazard by placing the structure to the South end of the
property, away from the river.
4. Whether the proposed development creatively employs land planning techniques
to preserve significant view planes, avoid adverse environmental impacts and
provide open space, trails and similar amenities for the users of the project and
the public at large.
Staff Finding:
The applicant's site plan is sensitive to the nearby public trail and is sensitive to visible open
space on the property by the placement of the new development.
5. Whether the proposed development is in compliance with the Aspen Area
Comprehensive Plan.
Staff Finding
The AACP is silent concerning the need for, and appropriate location for, necessary
infrastructure. A basic concept of comprehensive city planning is the strategic planning for basic
services. If the townsite were a clean slate, this area of town would most likely be prescribed for
public park uses. The town benefited greatly when the bulk of the processing operation moved
downstream to the present location below the AABC, leaving the management and
Staff comments page 1
administrative functions on Mill Street. This separation makes much more sense given the
present land use, operating characteristics of the ACSD, and of the system.
The AACP does identify this parcel as a potential housing site. This recommendation was
probably considered a scenario of the ACSD vacating the parcel. Without this vacation,
however, the site still does lend itself to housing. Proximity to work, recreation, and other
neighborhoods is a benefit of the housing uses.
6. Whether the proposed development will require the expenditure of excessive
public funds to provide public facilities for the parcel, or the surrounding
neighborhood.
Staff Findine:
ACSD is a non -profit and the development will come from their budget. No significant public
expenditure for basic services is expected in relation to this development.
7. Whether proposed development on slopes in excess of twenty (20) percent meet
the slope reduction and density requirements of Section 26.84.030(B)(2)(b).
Staff Findin
Slope reduction does not affect the proposed density.
8. Whether there are sufficient GMQS allotments for the proposed development.
Staff Finding:
The applicant must receive an allotment from City Council. The essential public facility and the
affordable housing unit may be exempted from the scoring and competition procedures with a
recommendation from the Growth Management Commission. The Growth Management
Commission has reviewed this application and recommended, by an 11 -0 vote, the Council
approve the exemption.
Exemption for Essential Public Facilities:
1. Except for housing, development shall be considered an essential public facility if
it serves an essential public purpose, provides facilities in response to the
demands of growth, is not itself a significant growth generator, is available for use
by the general public, and serves the needs of the City.
Staff Findine:
The Sanitation District is an essential public facility according to this definition and may be
exempted pursuant to this Section.
2. An applicant for an exemption pursuant to this section shall be required to
demonstrate to the satisfaction of the City Council that the impacts of the
essential public facility will be mitigated, including those associated with the
generation of additional employees, the demand for parking, road and transit
services, and the need for basic services including but not limited to water supply,
sewage treatment, drainage control, fire and police protection, and solid waste
disposal. It shall also be demonstrated that the proposed development has a
negligible adverse impact on the city's air, water, land and energy resources, and
is visually compatible with surrounding areas.
Staff Finding:
This standard allows for an essential public facility to be exempted by City Council as long as
the appropriate mitigation measures are taken to off -set the impacts of the development. These
Staff comments page 2
impacts may include parking, air quality, basic services such as water and sewer, and the
increase in employees.
Employee Housing
With private sector commercial applications, there exists a standard to address the creation of
employees which is based upon the amount of net leasable square footage created through the
development. There is no such simple formula for essential public facilities because the concept
of net leasable does not apply as cleanly.
With prior applications, staff has used the amount of additional office space as an indicator of
the number of new employees which could be accommodated by the facility. This factor
describes 3.5 employees per 1000 square feet of net leasable. Applied to this case, the small
amount of office space creates approximately 1 employee. This seems to be a fair assessment
assuming the office space as shown looks to be for one employee. The remainder of the interior
space addresses the general needs for employees. Lockers, a break room, etc. The AACP
prescribes 60% of new employee generation to be mitigated.
The difficulty in assessing the employment generation of a maintenance facility is that not every
employee necessarily operates within a traditional office. The applicant has stated that there will
not be an increase in employees as a result of this development. Nevertheless, staff feels that
there should be some acknowledgment of the capacity for additional employment in the future
based on the size of the facility as proposed.
During the pre - application process, staff encouraged the applicant to provide an employee unit to
off -set the impacts of the development. The applicant was encouraged to review their employee
housing needs and address them with the facility development. The applicant has stated a need
for a family- oriented unit for a management level employee.
The Sanitation District provides more housing than other similar government or quasi -
governmental agencies. There are currently 8 housing units on -site, housing 8 employees, or
44% of the 18 total employees. Using the Housing Authority's number for how many people are
housed specific to the type (size) of the units, these 8 units house 13.5 employees, or 75% of the
18 total.
Staff feels that the 3 bedroom unit is necessary for the applicant to provide and adequately
addresses the impacts of the development. By using the Housing Authority's numbers, this unit
•
mitigates for 3 employees. If this mitigation is for 60% of the total employees created, the total
would be 5 employees. The development as proposed will increase ACSD's capacity to employ,
but not by more than 5 employees.
The Housing Authority left the door open with regard to creating a `mitigation bank' in which
any over mitigation could be accounted for and applied to future projects. Staff feels that future
projects should be evaluated within the context of the whole facility on this site and the
provision, or lack thereof, of employee housing should be evaluated at that time. The applicant,
however, has asked employee mitigation beyond the minimum requirement be applied to future
developments as a "mitigation bank." The Growth Management Commission did not make a
recommendation concerning the "bank" idea, finding the proposed unit adequately met the
impacts of the development. Council may want to discuss this "mitigation bank" element of the
application during the public hearing.
Staff comments page 3
Other Impacts
The applicant has proposed 3 parking spaces for the maintenance facility and for the housing
unit. Staff does not see any problems with this provision and feels the applicant has the ability to
adequately address the demand for parking. This is not generally a facility which receives a high
amount of customer traffic. Staff suggests that the applicant address parking concerns by
appropriately signing spaces for short-term, employee parking, and residential parking.
Increases in PM10 (air pollution) will have to be mitigated to the standards of the Environmental
Health Department.
The property currently has sufficient water and sewer service. The applicant may have to
relocate water mains which will require providing the appropriate easements for maintenance.
The scale and massing of the proposed building are characteristic of the area. The Council may
want the applicant to state the expected use and color of exterior materials. Generally, staff
would suggest earth tone colors and a low reflectivity roof material. The Council should
discourage the use of outdoor lighting beyond what is necessary. This should preclude the use of
light to accentuate landscape features or call attention to architectural details. Exterior lighting
should also be downcast. These concerns were raised by staff with the Planning and Zoning
Commission and have been included in the recommended set of conditions.
3. Notwithstanding the criteria as set forth in Sections 26.100.050(C)(2)(a)(1) and
26.100.050(C)(2)(a)(2) the City Council may determine upon application that
development associated with a nonprofit entity qualifies as an essential public
facility and may exempt such development from the growth management
competition and scoring procedures and such mitigation requirements as it
deems appropriate and warranted.
Staff Finding:
The ACSD is an essential public facility. The City Council may waive such mitigation
requirements as it deems necessary and warranted. Staff has addressed the mitigation concerns
above.
Exemption for Affordable Housing:
Affordable housing deed restricted in accordance with the guidelines of the City Council
and its housing designee shall be exempt from the scoring and competition procedures of
growth management by City Council.
Staff Finding:
The proposal includes one 3- bedroom unit deed restricted to Category 4. The Housing Authority
has stated a preference for Category 3 designation without the income or asset limitation in
effect until sold or leased to an employee outside of the ACSD. This unit, if approved by City
Council, will be deducted from the annual pool of development allotments.
Approval of the method:
Approval of the method by which the applicant proposes to provide affordable housing shall be
at the option of the City Council, upon the recommendation of the Growth Management
Commission. In evaluating the applicant's proposal, the advice of the Aspen /Pitkin County
Housing Authority shall be sought in considering the following factors:
Staff comments page 4
1. Whether the city has an adopted plan to develop affordable housing with monies
received from payment of affordable housing dedication fees.
Staff Finding;
The City, through the Housing Authority, has developed an affordable housing plan for both
public and private monies. Developers are strongly encouraged to mitigate on -site before
considering off -site or payments -in -lieu.
2. Whether the city has an adopted plan identifying the applicant's site as being
appropriate for affordable housing.
Staff Finding;
The AACP does specifically recognize this site appropriate for moderate density housing stating
the proximate location to services, recreation, and other neighborhoods. The plan also
acknowledges the potential of relocating endangered historic cottages to the property. These
statements, however were probably under a scenario of relocating the Sanitation District which is
not being proposed. Staff believes that the development of affordable housing close to the
center of town and within walking distance to work opportunities and community facilities is
appropriate and desirable.
3. Whether the applicants site is well suited for the development of affordable
housing, taking into account the availability of services, proximity to employment
opportunities and whether the site is affected by environmental constraints to
development or historic preservation concerns.
Staff Finding;
As mentioned in the response to #2, above, the site is well- suited for providing affordable
housing on -site. There are no known historical constraints to development on this site.
Environmental constraints are most likely associated with the prior treatment facility (not located
where the development is proposed) and can be mitigated.
4. Whether the method proposed will result in employee housing being produced
prior to or at the same time the impacts of the development will be experienced
by the community.
Staff Finding;
The applicant will be developing the affordable housing at the same time as the maintenance
facility.
5. Whether the development itself requires the provision of affordable housing on-
site to meet its service needs.
Staff Finding;
The development does not specifically require this affordable housing to be provided on -site, but
it does benefit the ACSD and minimizes commuter traffic.
Vested Rights:
Vested Rights status protects the applicant against changes in the land use code for a period of
three years from City Council approval. Approval not granted this status are protected for 18
months.
There are no review criteria for the Council to consider other than the development requested.
Staff recommends the Council consider and approve vested right to the extent the proposed
development is acceptable.
Staff comments page 5
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1111111 IIIV 111111111111111111111 III 1111111111P
416224 0. !/1998 10:25A RESOLUTI DAVIS SIL. •
1 of 2 R 11.00 0 0.00 N 0.00 PITKIN COUNTY CO
RESOLUTION OF THE ASPEN/PITKIN COUNTY GROWTH MANAGEMENT
COMMISSION RECOMMENDING CITY COUNCIL EXEMPT FROM THE
GROWTH MANAGEMENT COMPETITION AND SCORING PROCEDURES AN
EXPANSION OF AN ESSENTIAL PUBLIC FACILITY AND DEVELOPMENT OF
ONE AFFORDABLE HOUSING UNIT, AND APPROVE THE METHOD IN
WHICH AFFORDABLE HOUSING IS TO BE PROVIDED, FOR THE ASPEN
'CONSOLIDATED SANITATION DISTRICT, 565 NORTH MILL STREET, CITY
OF ASPEN, PITKIN COUNTY, COLORADO.
Parcel ID # 2737 - 073 -00 -854
Resolution #98- Cd GMC
WHEREAS, The Aspen Consolidated Sanitation District (ACSD or applicant) •
submitted an application (development proposal) to the Community Development
Department for the development of approximately 8,100 additional square feet for an office
and general employee areas, the storage and maintenance of equipment, and an on -site
employee dwelling unit at the ACSD offices. 565 North Mill Street, City of Aspen, parcel
ID number 2737 - 073 -00 -854; and,
WHEREAS, the City Council, pursuant to Sections 26.100.050 and 26.102.040,
has the authority to exempt essential public facilities and affordable housing units from the
competition and scoring procedures of the Growth Management Quota System after a
recommendation is made by the Growth Management Commisison during a public hearing;
and,
WHEREAS, the applicant has requested an exemption as described above; and,
WHEREAS, the Planning Department, the Housing Authority, the City Engineer,
the Fire Marshal, the City Zoning Officer, the City Water Department, and the
Environmental Health Department reviewed the development proposal in accordance with
all applicable procedure and review criteria set forth in Sections 26.100.050 and
26.102.040; and,
WHEREAS, during a public hearing at a regular meeting on April 7,1998, the
Growth Management Commission recommended by a 11 -0 vote City Council exempt
from the scoring and competition procedures of growth management an expansion of the
essential public facility and the development of one affordable housing unit, and
recommended City Council approve the method in which the applicant is proposing to
provide affordable housing with the conditions recommended by the Community
Development Department.
NOW, THEREFORE BE IT RESOLVED by the Growth Management Commission:
That the City Council should exempt from the scoring and competition procedures of the
Growth Management Quota System the expansion of an essential public facility and the
development of one affordable housing unit, and should approve the method in which
affordable housing is proposed for the Aspen Consolidated Sanitation District facility,
with the following conditions:
1. The applicant shall provide a 3 bedroom affordable housing unit on -site deed restricted to
Category 3 price guidelines. As long as an occupant is an employee of ACSD, there shall be
no restriction regarding assets or income. ACSD shall retain the right to select the occupant.
2. Prior to issuance of a Certificate of Occupancy for the housing unit, the applicant shall
record the appropriate deed restriction, as stipulated in the Housing referral memo, and have
the unit inspected to the satisfaction of the Housing Authority. Prior to issuance of a
Certificate of Occupancy for the office and maintenance portions of the building, the
applicant shall obtain a Certificate of Occupancy for the housing unit.
3. Prior to issuance of a building permit, the applicant shall gain approval from the
Environmental Health Department for a PM 10 mitigation plan and a fugitive dust control
plan. Any mitigation measures proposed to offset increases in PM 10 shall be completed
prior to issuance of a Certificate of Occupancy.
4. The applicant is fully subject to all reviews and approvals by the Aspen Planning and Zoning
Commission and the Aspen City Council as required in the Municipal Code. In no way shall
this recommendation imply approval of any other required approval.
5. Before issuance of a building permit, the applicant shall record this Growth Management
Commission Resolution with the Pitkin County Clerk and Recorder located in the Courthouse
Plaza Building. There is a per page recordation fee. In the alternative, the applicant may pay
this fee to the City Clerk who will record the resolution.
6. All material representations made by the applicant in the application and during public
meetings with the Growth Management Commission shall be adhered to and considered
conditions of approval, unless otherwise amended by other conditions.
APPROVED by the Commission at its regular meeting on April 7, 1998.
APPROVED AS TO FORM: GROWTH MANAGEMENT COMMISSION:
City Attorney f Sara Garton, Chair
ATTEST:
y a ckie Lothian, Deputy City Clerk
•
_
1 111111 11111 111111 111111 1111 1111 HIM 111 11111 1111 1111
416224 04/29/1998 10:268 RESOLUTI DAVIS SILVI
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RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION SSP
APPROVING THE CONDITIONAL USE FOR A MAINTENANCE FACILITY
AND AFFORDABLE HOUSING UNIT IN THE PUBLIC ZONE, APPROVING
THE SPECIAL REVIEW TO ESTABLISH THE PARKING REQUIREMENTS,
WAIVING THE "RESIDENTIAL DESIGN STANDARDS," AND
RECOMMENDING CITY COUNCIL APPROVE THE CONCEPTUAL AND
FINAL SPECIALLY PLANNED AREA FOR THE ASPEN CONSOLIDATED
SANITATION DISTRICT, 565 NORTH MILL STREET, CITY OF ASPEN,
PITKIN COUNTY, COLORADO.
Parcel ID # 2737 - 073 -00 -854
Resolution #98 - Q -
WHEREAS, The Aspen Consolidated Sanitation District (ACSD or applicant)
submitted an application (development proposal) to the Community Development
Department for the development of approximately 8,100 additional square feet for an office
and general employee areas, the storage and maintenance of equipment, and an on -site
employee dwelling unit at the ACSD offices, 565 North Mill Street, City of Aspen, parcel
ID number 2737 - 073 -00 -854; and,
WHEREAS, the Planning and Zoning Commission, pursuant to Sections
26.12,26.28.250, 26.32, 26.52, 26.58, 26.60, 26.64, and 26.80 has the authority to approve
Conditional Uses, approve Special Review for Parking, waive the "Residential Design
Standards," and, forward recommendation to City Council concerning Conceptual and Final
Specially Planned Area designations during a public hearing; and,
WHEREAS, the applicant has requested conditional use approval for the
maintenance facility expansion and one affordable housing unit, special review approval to
establish the parking requirements, a waiver of the "Residential Design Standards, and
conceptual and final approval for a Specially Planned Area designation; and,
WHEREAS, the Planning Department, the Housing Authority, the City Engineer,
the Fire Marshal, the City Water Department, and the Environmental Health Department,
reviewed the development proposal in accordance with all applicable procedure and review
criteria set forth the afore mentioned Sections
WHEREAS, during a public hearing at a regular meeting on April 7, 1998, the
Planning and Zoning Commission reviewed and considered this application, took and
considered public comment, and, by a 6 -0 vote, approved the Conditional Use for an
expansion of the maintenance facility and development of an affordable housing unit,
approved the Special Review to establish the parking requirements, waived all
requirements of the "Residential Design Standards" finding the applicant's proposal to be
a more effective method of addressing the standards in question, and recommended to
City Council approval of the Conceptual and Final Specially Planned Area designation
with the conditions recommended by the Community Development Department, as
amended by the Commission during the public heairng. •
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416223 04/29/1998 10:24A RESOLUTI DAVIS SILVI
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NOW, THEREFORE 13E IT RESOLVED by the Commission:
That the Planning and Zoning Commission approves the Conditional Use for an
expansion of the maintenance facility and development of an affordable housing unit,
Special Review to establish the parking requirements, and waiver of all requirements of
the "Residential Design Standards" finding the applicant's proposal to be a more effective
method of addressing the standards in question, and recommends to City Council
approval of the Conceptual and Final Specially Planned Area designation with the
following conditions:
1. Prior to issuance of a Certificate of Occupancy, a final plat shall be reviewed approved and
recorded. This plat shall conform to all relevant plat requirement of the City.Engineer and
shall include final drawings depicting the site plan, landscape plan, utility plan, and building
elevations. In addition, this plat shall depict the following: All locations of as -built utilities
and easements, as -built locations of all structures, an access easement and recordation
number for access to the property, the top -of -slope as designated on the landscape plan,
building envelopes following approximately the proposed "SPA" boundary, a note stating
"only native vegetation below the top -of- slope," note(s) identifying "riparian areas," a note
stating "the zoning for this property is Public- Specially Planned Area (PUB- SPA)."
2. The applicant shall enter into a "SPA Agreement" with the City of Aspen binding the entire
property to the conditions of approval and such information provided in the final plat. This
SPA Agreement shall be recorded prior to issuance of a Certificate of Occupancy. The SPA
designation upon the entire site shall reflected upon the Official Zone District Map of the
City of Aspen.
3. Prior to issuance of a Building Permit, the applicant shall submit GIS data including property
lines, building footprints, easements, utility placements (existing and proposed), and
encroachments. Prior to issuance of a Certificate of Occupancy, the applicant shall update
any changes to this information to reflect the information recorded in the final plat.
4. Prior to issuance of a building permit, the applicant shall submit a drainage plan for
approval. The applicant shall retain drainage on -site during and after construction. All on-
site drainage, surface run -off, and groundwater are prohibited from the public sewer. Oil and
sand interceptors shall be installed for the wash bays and must be covered with a roof
structure if they are served by the public sewer.
5. Prior to issuance of a Certificate of Occupancy, the applicant shall complete all utility
improvements and record the associated easements. These easements shall be reflected on
the final plat.
6. The applicant shall provide a 3 bedroom affordable housing unit on -site deed restricted to
Category 3 price guidelines. As long as an occupant is an employee of ACSD, there shall be
no restriction regarding assets or income. ACSD shall retain the right to select the occupant.
Prior to issuance of a Building Permit, the applicant shall record the appropriate deed
restriction with the Housing Authority.
7. Prior to issuance of a Certificate of Occupancy for the housing unit, the applicant shall have
the unit inspected to the satisfaction of the Housing Authority. Prior to issuance of a
Certificate of Occupancy for the office and maintenance portions of the building, the
applicant shall obtain a Certificate of Occupancy for the housing unit.
Year
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416223 04/29/1998 10:24A RESOLUTI DAVIS SILVI
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8. Prior to issuance of a building permit, the applicant shall gain approval from the
Environmental Health Department for a PM 10 mitigation plan. Any mitigation measures
proposed to offset increases in PM 10 shall be completed prior to issuance of a Certificate of
Occupancy.
9. Prior to issuance of a building permit, the applicant shall submit a fugitive dust control plan
including, but not limited to, fencing, watering of haul roads and disturbed areas, daily
cleaning of adjacent paved roads, speed limits. and other measures necessary to limit dust.
• 10. Any asbestos abatement measures shall be performed by a licensed asbestos removal
company.
11. The applicant shall obey the City's Noise Ordinance which prohibits construction from the
hours of 10 p.m. to 7 a.m. The applicant is encouraged to limit outdoor mechanical activity
after 7 p.m. The applicant is encouraged to address the concerns of neighbors by further
limiting these hours and nature of activity, within reason.
12. Any areas on -site where a vehicle or equipment will idle must have adequate ventilation. If the
ventilation is internal, the system must be designed by a Registered Professional Engineer.
13. Prior to issuance of a building permit, the applicant shall obtain approval from the City Fire
Marshall for specific requirements associated with the storage of hazardous materials,
sprinkling, and alarm systems. The proposed addition shall have a fire suppression system.
The applicant is encouraged to also sprinkle the existing portions of the building.
14. The applicant shall conform to all current building code requirements for the City of Aspen.
This includes, but is not limited to, the Aspen/Pitkin County Energy Code.
15. The applicant is encouraged to use earth tone exterior colors and a non - reflective roof
material.
16. Outdoor lighting shall be downcast and shall be used to a minimum extent. Uplighting and
lighting of landscape or architectural features is prohibited.
17. The applicant shall not use public rights -of -way for construction staging or parking for
contractors and their employees. The applicant shall clean any tracked mud and debris from
the site from adjacent public rights -of -way.
18. Prior to issuance of a certificate of occupancy. the applicant shall replace any curb and /or
gutter damaged during construction.
19. Prior to issuance of a building permit, the applicant shall complete and record an agreement
to join any future improvement districts for the purpose of constructing improvements which
benefit the property under an assessment formula.
20. All utility meters and any new utility pedestals or transformers must be installed on the
applicant's property and not in any public right -of -way. Easements must be provided for
pedestals. All utility locations and easements must be delineated on the site improvement
survey. Revisions to utility locations and easements must be delineated on a revised site
improvement survey prior to issuance of a certificate of occupancy. Meter locations must be
accessible for reading and may not be obstructed.
21. The applicant is fully subject to all reviews and approvals by the Growth Management
Commission and the Aspen City Council as required in the Municipal Code. In no way shall
this resolution imply approval of any other required approval.
22. A tree removal permit from the City Parks Department shall be required for the removal or
relocation of trees.
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23. The applicant must receive approval for any work within public rights -of -way from the
appropriate City Department. This includes, but is not limited to, approval for a mailbox and
landscaping from the City Streets Department.
*r. 24. Before issuance of a building permit, the applicant shall record this Planning and Zoning
Resolution with the Pitkin County Clerk and Recorder located in the Courthouse Plaza
Building. There is a per page recordation fee. In the alternative, the applicant may pay this fee
to the City Clerk who will record the resolution.
25. All material representations made by the applicant in the application and during public
meetings with the Planning and Zoning Commission shall be adhered to and considered
conditions of approval, unless otherwise amended by other conditions.
APPROVED by the Commission at its regular meeting on April 7, 1998.
APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION:
Ciy Attorney Sara Garton, chair
ATTEST:
++rr
ckie Lothian, Deputy City Clerk
-! i • �}{
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MEMORANDUM <2tMC
TO: Growth Management Commission
THRU: Stan Clauson, Community Development Director 9''ee-
Julie Ann Woods, Deputy Directocr
FROM: Christopher Bendon, Planner, City o Aspen( " 1 wkikn
RE: Aspen Consolidated Sanitation District Exemption for Essential Public
Facilities and One Affordable Housing Unit -- 565 North Mill Street
DATE: April 7, 1998
SUMMARY:
The Aspen Consolidated Sanitation District is requesting an amendment to the Specially
Planned Area (SPA) for the addition of approximately 8,100 square feet to the existing
building. This addition includes 4,200 square feet of vehicle maintenance bays, 800
square feet of mechanical and storage areas, 300 square feet of office space, a 770 square
foot employees break room with a changing area and a bathroom, and a 1,440 square
foot 3 bedroom apartment.
This facility qualifies as an essential public facility under the definition in the land use
code. Such facilities may be exempted from the competition and scoring procedures of
growth management provided City Council is satisfied the impacts of the development
have been addressed. These impacts include the provision of affordable housing,
parking, and other basic services. These impacts are fully discussed in Exhibit A.
The purpose for this review is to make a recommendation to the City Council concerning
the appropriate level of mitigation requirements. Staff has reviewed this application
and recommends the Growth Management Commission forward a
recommendation of approval to the City Council for the exemptions and of the
method in which affordable housing is being provided, with conditions.
MAIN ISSUES:
The applicant is proposing the construction of a 3 bedroom unit deed restricted to
Category 4 price and income guidelines. The applicant's interest behind this Category is
to not prohibit a management level employee. The Housing Authority prefers a
Category 3 designation with the understanding that the income and asset limitations will
not apply as long as the occupant is an employee of ACSD.
PREVIOUS ACTION:
The Growth Management Commission has not previously considered this application.
The most recent amendments to this SPA were in 1986 (4,154 square feet of additional
office, maintenance, and vehicle storage) and in 1989 (two additional employee units).
APPLICANT:
Aspen Consolidated Sanitation District -- Tom Bracewell, Collection System
Superintendent.
Glen Horn, AICP, Representative.
1
LOCATION:
565 North Mill Street, City of Aspen.
ZONING:
Public (PUB) - Specially Planned Area (SPA) overlay.
LOT SIZE:
3.79 Acres = 165,000 square feet.
FAR:
Pursuant to SPA.
CURRENT LAND USE:
5,600 square feet of maintenance facility and offices. 8 affordable units.
PROPOSED LAND USE:
Same with additional maintenance building and one affordable dwelling unit. The
square footage is proposed in the following uses:
800 s.f. Wash bay
3,750 s.f. Storage and maintenance bay
702 s.f. Mechanical and lube room
1,404 s.f. Office and miscellaneous
1.441 s.f. 3 bedroom a artmen
8,100 s.f. Total
REVIEW PROCEDURE:
Essential public facilities may be exempted from the scoring and competition procedures
of GMQS by City Council after a recommendation by the Growth Management
Commission. The applicant must demonstrate that the impacts of the proposed
development have been adequately mitigated. Those impacts may include the generation
of additional employees, the demand for parking, road and transit services, and the need
for basic services such as water, sewage treatment, drainage control, fire and police
protection, and solid waste disposal.
BACKGROUND:
The extent of existing development on the property is approximately 10,654 square feet.
This includes offices, maintenance areas, and 8 employee units. ACSD currently
employs 18 people and houses 8, or 44 %, of those employees on -site. This housing
includes 3 studios, 3 one - bedrooms, and 2 two - bedroom units. Using the Housing
Authority's factor for determining the percentage of employees mitigated on -site, these
units house 13.5 employees, or 75% of the total employed.
GROWTH MANAGEMENT:
The application was received in the 97 -98 growth management year. New affordable
housing units are deducted from the annual pool of development allotments. There are
43 allotments available each year plus additional allotments carried from former years.
Approximately 50 allotments in this category carried forward and have been added to the
current 43, equaling approximately 93. To be subtracted from this number are a few
caretaker units approved in the County. The applicant is requesting 1 unit from the 97 -98
growth management year.
2
STAFF COMMENTS:
Review criteria and Staff Findings have been included as Exhibit "A." Agency referral
comments have been included as Exhibit `B." The application has been included as
Exhibit "C."
RECOMMENDATION:
Staff has reviewed this land use application and recommends the Growth Management
Commission forward a recommendation to approve this exemption from the scoring and
competitions procedures of GMQS to City Council with the following conditions:
1. The applicant shall provide a 3 bedroom affordable housing unit on -site deed restricted to
Category 3 price guidelines. As long as an occupant is an employee of ACSD, there shall be
no restriction regarding assets or income. ACSD shall retain the right to select the occupant.
2. Prior to issuance of a Certificate of Occupancy for the housing unit, the applicant shall
record the appropriate deed restriction, as stipulated in the Housing referral memo, and have
the unit inspected to the satisfaction of the Housing Authority. Prior to issuance of a
Certificate of Occupancy for the office and maintenance portions of the building, the
applicant shall obtain a Certificate of Occupancy for the housing unit.
3. Prior to issuance of a building permit, the applicant shall gain approval from the
Environmental Health Department for a PM 10 mitigation plan and a fugitive dust control
plan. Any mitigation measures proposed to offset increases in PM 10 shall be completed
prior to issuance of a Certificate of Occupancy.
4. The applicant is fully subject to all reviews and approvals by the Aspen Planning and Zoning
Commission and the Aspen City Council as required in the Municipal Code. In no way shall
this recommendation imply approval of any other required approval.
5. Before issuance of a building permit, the applicant shall record this Growth Management
Commission Resolution with the Pitkin County Clerk and Recorder located in the Courthouse
Plaza Building. There is a per page recordation fee. In the alternative, the applicant may pay
this fee to the City Clerk who will record the resolution.
6. All material representations made by the applicant in the application and during public
meetings with the Growth Management Commission shall be adhered to and considered
conditions of approval, unless otherwise amended by other conditions.
RECOMMENDED MOTION:
rett "I recommend City Council exempt from the scoring and competition procedures of
growth management the essential public facilities and the affordable housing unit
proposed at the Aspen Consolidated Sanitation District, 565 North Mill Street, and
recommend that City Council approve of this method of providing affordable housing
with the conditions listed in the Staff memo dated April 7, 1998."
ATTACHMENTS:
Exhibit A -- Review Criteria and Staff Findings
Exhibit B -- Referral Agency Comments
Exhibit C -- Application
3
Exhibit A
Exemptions by City Council are subsequent to review and consideration by the GMC at a public
hearing. Following are the review criteria for City Council:
Exemption for Essential Public Facilities:
1. Except for housing, development shall be considered an essential public facility if
•
it serves an essential public purpose, provides facilities in response to the
demands of growth, is not itself a significant growth generator, is available for use
by the general public, and serves the needs of the City.
Staff Finding:
The Sanitation District is an essential public facility according to this definition and may be
exempted pursuant to this Section.
2. An applicant for an exemption pursuant to this section shall be required to
demonstrate to the satisfaction of the City Council that the impacts of the
essential public facility will be mitigated, including those associated with the
generation of additional employees, the demand for parking, road and transit
services, and the need for basic services including but not limited to water supply,
sewage treatment, drainage control, fire and police protection, and solid waste
disposal. It shall also be demonstrated that the proposed development has a
negligible adverse impact on the city's air, water, land and energy resources, and
is visually compatible with surrounding areas.
Staff Finding:
This standard allows for an essential public facility to be exempted by City Council as long as
the appropriate mitigation measures are taken to off -set the impacts of the development. These
impacts may include parking, air quality, basic services such as water and sewer, and the
increase in employees.
Employee Housing
With private sector commercial applications, there exists a standard to address the creation of
employees which is based upon the amount of net leasable square footage created through the
development. There is no such simple formula for essential public facilities because the concept
of net leasable does not apply as cleanly.
With prior applications, staff has used the amount of additional office space as an indicator of
the number of new employees which could be accommodated by the facility. This factor
describes 3.5 employees per 1000 square feet of net leasable. Applied to this case, the small
amount of office space creates approximately 1 employee. This seems to be a fair assessment
assuming the office space as shown looks to be for one employee. The remainder of the interior
space addresses the general needs for employees. Lockers, a break room, etc. The AACP
prescribes 60% of new employee generation to be mitigated.
The difficulty in assessing the employment generation of a maintenance facility is that not every
employee necessarily operates within a traditional office. The applicant has stated that there will
not be an increase in employees as a result of this development. Nevertheless, staff feels that
•
Exhibit A, page 1
there should be some acknowledgment of the capacity for additional employment in the future
based on the size of the facility as proposed.
During the pre- application process, staff encouraged the applicant to provide an employee unit to
off -set the impacts of the development. The applicant was encouraged to review their employee
housing needs and address them with the facility development. The applicant has stated a need
for a family- oriented unit for a management level employee.
The Sanitation District provides more housing than other similar government or quasi -
governmental agencies. There are currently 8 housing units on -site, housing 8 employees, or
44% of the 18 total employees. Using the Housing Authority's number for how many people are
housed specific to the type (size) of the units, these 8 units house 13.5 employees, or 75% of the
18 total.
Staff feels that the 3 bedroom unit is necessary for the applicant to provide and adequately
addresses the impacts of the development. By using the Housing Authority's numbers, this unit
mitigates for 3 employees. If this mitigation is for 60% of the total employees created, the total
would be 5 employees. The development as proposed will increase ACSD's capacity to employ,
but not by more than 5 employees.
The Housing Authority left the door open with regard to creating a `mitigation bank' in which
any over mitigation could be accounted for and applied to future projects. Staff feels that future
projects should be evaluated within the context of the whole facility on this site and the
provision, or lack thereof, of employee housing should be evaluated at that time. The applicant,
however, has asked empolyee mitigation beyond the minimum requirement be applied to future
developments as a "mitigation bank." The Growth Management Commission may want to
consider this request during the public hearing.
Other Impacts
The applicant has proposed 3 parking spaces for the maintenance facility and for the housing
unit. Staff does not see any problems with this provision and feels the applicant has the ability to
adequately address the demand for parking. This is not generally a facility which receives a high
amount of customer traffic. Staff suggests that the applicant address parking concerns by
appropriately signing spaces for short-term, employee parking, and residential parking.
Increases in PM I O (air pollution) will have to be mitigated to the standards of the Environmental
Health Department.
The property currently has sufficient water and sewer service. The applicant may have to
relocate water mains which will require providing the appropriate easements for maintenance.
The scale and massing of the proposed building are characteristic of the area. The Commission
may want the applicant to state the expected use and color of exterior materials. Generally, staff
would suggest earth tone colors and a low reflectivity roof material. The Commission should
discourage the use of outdoor lighting beyond what is necessary. This should preclude the use of
light to accentuate landscape features or call attention to architectural details. Exterior lighting
should also be downcast.
Exhibit A, page 2
3. Notwithstanding the criteria as set forth in Sections 26.100.050(C)(2)(a)(1) and
26.100.050(C)(2)(a)(2) the City Council may determine upon application that
development associated with a nonprofit entity qualifies as an essential public
facility and may exempt such development from the growth management
competition and scoring procedures and such mitigation requirements as it
deems appropriate and warranted.
Staff Finding:
The ACSD is an essential public facility. The City Council may waive such mitigation
requirements as it deems necessary and warranted. Staff has addressed the mitigation concerns
above.
Exemption for Affordable Housing:
Affordable housing deed restricted in accordance with the guidelines of the City Council
and its housing designee shall be exempt from the scoring and competition procedures of
growth management by City Council.
Staff Finding
The proposal includes one 3- bedroom unit deed restricted to Category 4. The Housing Authority
has stated a preference for Category 3 designation without the income or asset limitation in
effect until sold or leased to an employee outside of the ACSD. This unit, if approved by City
Council, will be deducted from the annual pool of development allotments.
Approval of the method:
Approval of the method by which the applicant proposes to provide affordable housing shall be
at the option of the City Council, upon the recommendation of the Growth Management
Commission. In evaluating the applicant's proposal, the advice of the Aspen /Pitkin County
Housing Authority shall be sought in considering the following factors:
1. Whether the city has an adopted plan to develop affordable housing with monies
received from payment of affordable housing dedication fees.
Staff Finding
The City, through the Housing Authority, has developed an affordable housing plan for both
public and private monies. Developers are strongly encouraged to mitigate on -site before
considering off -site or payments -in -lieu.
2. Whether the city has an adopted plan identifying the applicant's site as being
appropriate for affordable housing.
Staff Finding:
The AACP does specifically recognize this site appropriate for moderate density housing stating
the proximate location to services, recreation, and other neighborhoods. The plan also
acknowledges the potential of relocating endangered historic cottages to the property. These
statements, however were probably under a scenario of relocating the Sanitation District which is
not being proposed. Staff believes that the development of affordable housing close to the
center of town and within walking distance to work opportunities and community facilities is
appropriate and desirable.
Exhibit A, page 3
3. Whether the applicant's site is well suited for the development of affordable
housing, taking into account the availability of services, proximity to employment
opportunities and whether the site is affected by environmental constraints to
development or historic preservation concerns.
Staff Finding:
As mentioned in the response to #2, above, the site is well- suited for providing affordable
housing on -site. There are no known historical constraints to development on this site.
Environmental constraints are most likely associated with the prior treatment facility (not located
where the development is proposed) and can be mitigated.
4. Whether the method proposed will result in employee housing being produced
prior to or at the same time the impacts of the development will be experienced
by the community.
Staff Finding
The applicant will be developing the affordable housing at the same time as the maintenance
facility.
5. Whether the development itself requires the provision of affordable housing on-
site to meet its service needs.
Staff Finding
The development does not specifically require this affordable housing to be provided on -site, but
it does benefit the ACSD and minimizes commuter traffic.
Exhibit A, page 4
• V
MEMORANDUM
Sala
To: Chris Bendon, Project Planner
Thru: Nick Adeh, City Engineer
From: Ross C. Soderstrom, Project Engineer
Date: March 10, 1998
Re: Aspen Consolidated Sanitation District SPA; Specially Planned Area Amendment, Conditional
Use (Maintenance Shop and Affordable Housing), Essential Public Facilities Exemption, Special
Review (Off - Street Parking), Stream Margin, Residential Design Standards, and Vested Property
Rights Reviews
Physical Address: 565 North Mill Street, City of Aspen, CO
Legal Description: A tract of land within the NW 1/4, SW 1/4, Section 7, T 10 S, R 84 W, 6th P.M.,
City of Aspen, CO
[Aspen Consolidated Sanitation District Specially Planned Area (SPA)]
Parcel ID No.: xxxx- xxx- xx -xxx
After reviewing the above referenced application and making a site visit, I am reporting the combined
comments made by the members of the DRC:
[Site conditions at the time of site visits: February 18 and March 10, 1998; 2 - 4 ft snow pack; ground surface
' and features indistinguishable under snow pack.]
Discussion: This application is an update to an existing SPA in which the Aspen Consolidated Sanitation
District has substantially completed the conditions of approval from prior reviews for this site so there are
relatively few significant comments or conditions to be addressed.
1. Improvement Survey and Subdivision Plat: The applicant will need to file an updated SPA plat
for the property by the completion of the proposed improvements. The plat needs to conform to the standards
of a subdivision plat with additional notes for the specific conditions of the SPA and other types of reviews
and approvals. The plat should include the site, landscaping and utility plans in addition to the improvement
and subdivision plat contents. Confer with the City Engineering Dept. for specific details.
•
The applicant will be required to complete the standard requirements and conditions associated with the
form(s) of development requested in the application.
2. Changes in Conditions: If the proposed use, density, or timing of construction of the project
change, or the site, parking, drainage or utility plans for this project change subsequent to this review, a
DRCM0598.DOC
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V Memo - Aspen Consolidated Sanitation District SPA; Specially Planned Area Amendment, Conditional Use (Maintenance Shop and Affordable
Housing), Essential Public Facilities Exemption, Special Review (Off -Street Parking), Stream Margin, Residential Design Standards,
and Vested Property Rights Reviews
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complete set of the revised plans shall be provided to the Engineering Dept. for review and re- evaluation. The
discussion and recommendations given in this memorandum apply to the application and plans (dated
December 15, 1997) provided for this review and such comments and recommendations may change in
response to changes in the use, density, or timing of the construction of the project, or changes in the site,
parking, drainage or utility designs.
3. City Water Dept.: Verify, if possible from available records, the location of the water main
(possibly steel) which is believed to have been abandoned in place and to be located along the easterly property
boundary. If appropriate, the City may abandon the easement for this line it is no longer required. The well
house in the center of the property is used to pump raw water for irrigating the landscaping on the site. The
district should contact the City Water Dept. about operation of the well and the ownership and maintenance of
the water main and two (2) fire hydrants serving the property. If not already in place, obtain an easement from
the adjacent property owner for the water main from N. Mill Street which serves this property. (The strip of
land between N. Mill St. and the subject property appears to belong to Pitkin County.)
4. City Streets Dept.: There is a dewatering drainage line from the Rio Grande Parking Garage
which crosses this property before feeding into Hallam Lake. Libby Cowling (Holy Cross Electric
Association) recalls that this drainage line was buried deepest and the electrical, telephone and cable television
lines were buried on a bench of the same trench excavation above and to the side of the drainage line. If
possible, the location of this drainage line should be included in the utility plan and an easement granted to the
City of Aspen or the existing easement description corrected to reflect the actual location of the drainage line if
it lies outside of the utility easement.
5. Holy Cross Electric Association: According to Libby Cowling (Holy Cross Electric Assoc.)
there are two (2) electrical three phase transformers located on the property. Easements should be granted for
the electrical lines connecting to the transformers and for the transformers themselves, if these do not already
exist. The vault in the parking area north of the fueling pumps is probably not an electrical vault and the
identity and label should be corrected in the utility plans for the building permit.
6. Utility & Service Easements: As needed, additional easements should be granted for existing and
proposed utility lines through the property and these should be depicted on the plat to be recorded. Field
locates should be made for the existing utilities to verify their locations verses the description of the existing
common utility easement before preparing the final boundary plat and utility plans.
7. ACSD: Any drains serving the garage or other areas where the drains may capture oil, grease
and sand, will need to have oil & sand interceptors installed in -line before the flows are discharged to the
sanitary sewer or the stormwater drainage system.
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Fr .
memo_ Aspen Consolidated Sanitation Distnct SPA; Specially Planned Area Amendment, Conditional U.,,,,/iaintenance Shop and Affordable
Housing), Essential Public Facilities Exemption, Special Review (Off- Street Parking), Stream Margin, Residential Design Standards,
and Vested Property Rights Reviews
DRAFT'
8. Drainage - On -site & Off -site: The roof and foundation drains on the existing office and garage
building are drained through a pipe which day- lights near the northwesterly corner of the property. The new
roof and foundation drain systems will connect to this system. During a site visit with Tom Bracewell
(ACSD) he explained that the area denoted on the utility plan for a detention basin will be reserved for this
possible future use although the existing depressed area (swale) will remain essentially unchanged at this time.
Low berms along the gravel driveway within the site direct and contain the surface run -off which percolates.
Snow storage is accommodated in the open grass areas across the site. The proposed discharge pipe from the
detention basin, crossing the trail to outfall at the river, shown on the utility plan in the application packet, will
not be installed.
9. Access to Public Rights -of -Way and Parking: This property is landlocked from the N. Mill St.
right -of -way by an intervening parcel which belongs to Pitkin County. The right of access needs to be verified
or an access easement from Pitkin County needs to be obtained. Information identifying the recorded access
easement needs to be included in the plat submitted for recording.
In order to make the proposed sanitary sewer service tap for the new building, the District will need to obtain a
right -of -way permit and coordinate closure of the lower, pedestrian path along the Rio Grande Trail on the
westerly side of the property with the City Parks Dept..
The proposed vehicle parking plan appears suitable for the intended purposes.
10. Specially Planned Area: Recommendations particular to the SPA (and Conditional Use and
Essential Public Facilities Exemption) are incorporated in the other recommendations of this review
memorandum. Due to the location of this property at the bottom of the drainage basin and next to the river,
Tom Bracewell reports that the seasonal ground water table is approximately 6 ft deep at the intended building
site (southerly end of the property) and approximately 4 ft deep near the trail at the northerly end of the
property. The drainage plan is designed given these conditions and functions acceptably for the existing
buildings. If ground water becomes a problem in the construction or permanent drainage system for the site,
the applicant should confer with the City Engineering Dept. about revisions to the site drainage plans.
11. Stream Margin: The top of slope for the river bank and any wetlands and riparian zones were
not identified on the Improvement Survey provided with the application although the majority of the proposed
work is obviously beyond the 15 ft top of slope setback. With the deletion of the outfall drainage pipe, there is
no work proposed along the river bank nor on the river -side of the bike path.
N.B.: Wetlands and riparian zones are to be shown on the improvement survey submitted for the application
regardless of whether work is proposed in these areas and should not be contingent upon making a site visit to
verify the existence and location of these areas.
12. Improvement Districts: The property owner is required to join any future improvement
districts formed for the purpose of constructing public improvements which benefit the property under an
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Memo - Aspen Consolidated Sanitation District SPA; Specially Planned Area Amendment, Conditional Use (Maintenance Shop and Affordable
Housing), Essential Public Facilities Exemption, Special Review (Off Street Parking), Stream Margin, Residential Design Standards,
and Vested Property Rights Reviews
DRAFT
assessment formula. The agreement would be executed and recorded concurrent with recording the
subdivision plat.
13. As Builts: Prior to C.O. issuance the building permit applicant will be required to submit to the
Aspen/Pitkin County Information Services Dept. as- builts drawings for the project showing the property lines,
building footprint, easements, encroachments, entry points for utilities entering the property boundaries and
any other improvements.
14. Work in the Public Rights - of - Way: Given the continuous problems of unapproved work and
development in public rights -of -way and easements, we advise the applicant as follows:
The applicant must receive approval from: City Engineering (920 -5080) for design
of improvements, including landscaping and grading, within public rights -of -way;
Parks Department (920 -5120) for vegetation species and placement, and irrigation
systems; Streets Department (920 -5130) for mailboxes, street and alley cuts; and
shall obtain permits for any work or development, including landscaping, within
public rights -of -way from the City Community Development Department (920- 5090).
DRC Meeting Attendees:
Applicant: Glenn Horn - planner for applicant, Tom Bracewell - Applicant
Staff & Referral Agencies: Tom Bracewell, Mitch Haas, Rebecca Schickling, Ross Soderstroin, Nick
Adeh, Jack Reid, Nancy MacKenzie, Chris Bendon, Bill Earley, Gideon Kaufman, Bill Sawyers, Bruce
Lewis, Alan Richman, Michael Thompson, James von Brewer
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DRCM0598.DOC
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1
MEMORANDUM
To: Chris Bendon, Community Development Department
Through: Lee Cassin, Assistant Environmental Health Director `�
From: Nancy MacKenzie , Environmental Health Specialist �`
Date: March 18, 1998
Re: Aspen Consolidated Sanitation District Substantial SPA Amendment
The Aspen /Pitkin Environmental Health Department has reviewed the land use submittal under authority
of the Municipal Code of the City of Aspen, and has the following comments.
SEWAGE TREATMENT AND COLLECTION: Section 11 - 1.7 "It shall be unlawful for the owner or occupant of any building
used for residence or business purposes within the city to construct or reconstruct an on -site sewage disposal device."
The plans to provide wastewater disposal for this project through the central collection lines of the Aspen
Consolidated Sanitation District (ACSD) meet the requirements of this department.
ADEQUATE PROVISIONS FOR WATER NEEDS: Section 23 - "All buildings, structures, facilities, parks, or the like within
the city limits which use water shall be connected to the municipal water utility system."
The provision of potable water from the City of Aspen system is consistent with Environmental Health
policies ensuring the supply of safe water. The City of Aspen Water Department shall determine if
adequate water is available for the project. The City of Aspen water supply meets all standards of the
Colorado Department of Health for drinking water quality. A letter of agreement to serve the project must
be provided.
WATER QUALITY IMPACTS: Section 11 - 1.3 "For the purpose of maintaining and protecting its municipal water supply from
injury and pollution, the city shall exercise regulatory and supervisory jurisdiction within the incorporated limits of the City of Aspen and over
all streams and sources contributing to municipal water supplies for a distance of five (5) miles above the points from which municipal water
supplies are diverted."
A drainage plan to mitigate the water quality impacts from drive and parking areas will be evaluated by
the City Engineer.
AIR QUALITY: Sections 11 - 2.1 "It is the purpose of [the air quality section of the Municipal Code] to achieve the maximum practical
degree of air purity possible by requiring the use of all available practical methods and techniques to control, prevent and reduce air pollution
throughout the city...' The Land Use Regulations seek to "lessen congestion" and "avoid transportation demands that cannot be met" as well as
to "provide clean air by protecting the natural air sheds and reducing pollutants ".
The major air quality impact is the emissions resulting from the traffic generated by this project. PM -10
(83% of which comes from traffic driving on paved roads) is a significant health concern in Aspen. The
traffic generated will also produce carbon monoxide and other emissions that are health concerns. The
1
F r municipal code requires developments to achieve the maximum practical degree of air purity by using all
available practical methods to reduce pollution. The applicant needs to implement measures that will
minimize traffic increases of the development, or offset the emissions from the project with PM10
reduction measures elsewhere. In order to do this, the applicant will need to determine the traffic increases
generated by the project (using standard ITE trip generation rates), commit to a set of control measures,
and show that the control measures offset the traffic or PM10 produced by the project.
The increase in office area by 1,400 sq ft and a new 1,400 sq ft employee housing unit will produce more
traffic and increase PM10. The vehicle wash bay, the shop /vehicle area and the mechanical room for these
two areas are not assumed to generate additional vehicle trips since they are to house activities that are
currently performed outside and are not to generate increased use.
The standard ITE trip generation rates for a Utility (Code 170) is .79 trips generated per 1,000 ft.
1400/1000 = 1.4
1.4 X .79 = 1.1 trips /day generated by the expansion to the office for this Utility
The standard ITE generation rate for one affordable housing unit (Code 210) is 9.55 trips /day.
Using the standards established by the " Pitkin County Road Management & Maintenance Plan" several
pre - approved trip per day reductions can be used with this land use category:
1.5 when 1/2 mile from support services
2.0 for on -site employee housing
1.0 for on -site employee housing located 1/2 mile of transit stop
9.55 /day reduced by 4.5 trips /day = 5 trips /day generated by the affordable housing unit.
5.0 + 1.1 = 6 total trips per day will be generated by the expansion and will have to be mitigated.
ACSD should determine what could be done in the immediate area that would encourage at least 6 people
per day to walk, bike or take the bus instead of driving. This could include constructing a sidewalk, trail or
bike path link. The City Engineering Department and Parks Department could be contacted to coordinate
with them on any new or ongoing projects in the immediate area.
Providing employees with bikes for intown errands, free bus passes and /or encouraging car or van pools
are other ways to decrease vehicle trips. A contribution could be made to acquire easements for trails,
maintain bikepaths, or construct trails. A $1,380 contribution would mitigate 1 trip. A $8,280 contribution
would mitigate the 6 trips generated by this project.
A condition of approval should be that before the building permit can be issued the
applicant provide information to the Aspen/Pitkin Environmental Health Department
which documents that proposed mitigation measures are sufficient to offset increases in
PMio caused by the project. The mitigation measures must be completed before the final
CO can be issued.
2
FIREPLACE/WOODSTOVE PERMITS
If there are any fireplaces in this project, the applicant must file a fireplace /woodstove permit with the
Environmental Health Department before the building permit will be issued. In the City of Aspen,
buildings may have two gas log fireplaces or two certified woodstoves (or 1 of each) and unlimited
numbers of decorative gas fireplace appliances per building. New homes may NOT have wood burning
fireplaces, nor may any heating device use coal as fuel.
FUGITIVE DUST
A condition of approval should be that a fugitive dust control plan is required which includes, but is not
limited to fencing, watering of haul roads and disturbed areas, daily cleaning of adjacent paved roads to
remove mud that has been carried out, speed Limits, or other measures necessary to prevent windblown
dust from crossing the property line or causing a nuisance.
ASBESTOS
Commercial - Prior to remodel, expansion or demolition of any public or commercial building, before
any demolition involving any material put in before 1986 (besides concrete, bricks, or steel) including
removal of drywall, carpet, tile, etc., the state must be notified and a person licensed by the state to do
asbestos inspections must do an inspection. Environmental Health cannot sign any building permits
until we get this report. If there is no asbestos, the demolition can proceed. If asbestos is present, it must
be removed by a licensed asbestos removal contractor.
CONFORMANCE WITH OTHER ENVIRONMENTAL HEALTH LAWS:
NOISE ABATEMENT: Section 16 -1 "The city council finds and declares that noise is a significant source of environmental pollution
that represents a present and increasing threat to the public peace and to the'health, safety and welfare of the residents of the City of Aspen
and it its visitors. Accordingly, it is the policy of council to provide standards for permissible noise levels in various areas and manners and
at various times and to prohibit noise in excess of those levels."
During construction, noise can not exceed maximum permissible sound level standards, and construction
cannot be done except between the hours of 7 a.m. and 10 p.m.
It is very likely that noise generated during the construction phase of this project will have some negative
impact on the neighborhood. The applicant should be aware of this and take measures to minimize the
predicted high noise levels.
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717 B •
MEMORANDUM
TO: Planning and Zoning Commission
THRU: Stan Clauson, Community Develop ent Director" •
Julie Ann Woods, Deputy Director
FROM: Christopher Bendon, Planner, City of spen •
RE: Aspen Consolidated Sanitation District Conceptual and Final Specially
Planned Area (SPA), Conditional Use, Special Review, Stream Margin
Review, and Residential Design Waiver -- 565 North Mill Street (Public
Hearing)
DATE: April 7, 1998
SUMMARY:
The Aspen Consolidated Sanitation District is requesting an amendment to the Specially
Planned Area (SPA) for the addition of approximately 8,100 square feet to the existing
building. This amendment requires approval of a Conceptual and Final SPA plan,
Conditional Use approval for a maintenance facility and affordable housing within the
Public (PUB) Zone, a Stream Margin Review, Special Review approval to establish the
parking requirement, and a waiver of the Residential Design Standards.
The development proposed includes 4,200 square feet of vehicle maintenance bays, 800
square feet of mechanical and storage areas, 300 square feet of office space, a 770 square
foot employees break room with a changing area and a bathroom, and a 1,440 square
foot 3 bedroom apartment.
This facility qualifies as an essential public facility under the definition in the land use
code and is eligible for an exemption from GMQS by City Council following a
recommendation from the Growth Management Commission (GMC). The GMC will
consider this exemption under a separate public hearing.
To offset the impacts of the development and in response to the conditional uses, the
applicant is proposing the construction of a 3 bedroom unit deed restricted to Category 4
price and income guidelines. The applicant's interest behind this Category is not
prohibit a management level employee. The Housing Authority prefers a Category 3
designation with the understanding that the income and asset limitations will not apply
as long as the occupant is an employee of ACSD.
Staff has reviewed this application and recommends the Planning and Zoning
Commission approve the Conditional Use, Special Review, Stream Margin Review,
and waiver of the Residential Design Standards, and recommend City Council
approve the Conceptual and Final SPA, with conditions.
PREVIOUS ACTION:
The Commission has not previously considered this application. The most recent
amendments to this SPA were in 1986 (4,154 square feet of additional office,
maintenance, and vehicle storage) and in 1989 (two additional employee units).
1
APPLICANT:
Aspen Consolidated Sanitation District -- Tom Bracewell, Collection System
Superintendent.
Glen Horn, AICP, Representative.
LOCATION:
565 North Mill Street, City of Aspen.
ZONING:
Public (PUB) - Specially Planned Area (SPA) overlay.
LOT SIZE:
3.79 Acres = 165,000 square feet.
FAR:
Pursuant to SPA.
CURRENT LAND USE:
5,600 square feet of maintenance facility and offices. 8 affordable housing units.
PROPOSED LAND USE:
Same with additional maintenance building and one affordable dwelling unit. The
square footage is proposed in the following uses:
800 s.f. Wash bay
3,750 s.f. Storage and maintenance bay
702 s.f. Mechanical and lube room
1,404 s.f. Office and miscellaneous
1,441 s.f. 3 bedroom apartment
8,100 s.f. Total
REVIEW PROCEDURE:
SPA plans are approved by City Council at a public hearing following a recommendation
by the Commission at a public hearing. Conditional Use, and waivers of the Residential
Design Standards may be approved by the Commission at a public hearing. Special
Review and Stream Margin Reviews may be approved by the Commission at a hearing.
BACKGROUND:
The extent of existing development on the property is approximately 10,654 square feet.
This includes offices, maintenance areas, and 8 employee units. ACSD currently
employs 18 people and houses 8, or 44 %, of those employees on -site. This housing
includes 3 studios, 3 one - bedrooms, and 2 two- bedroom units. Using the Housing
Authority's factor for determining the percentage of employees mitigated on -site, these
units house 13.5 employees, or 75% of the total employed.
STAFF COMMENTS:
Review criteria and Staff Findings have been included as Exhibit "A." Agency referral
comments have been included as Exhibit `B." The application has been included as
Exhibit "C."
2
RECOMMENDATION:
Staff has reviewed this application and recommends the Planning and Zoning
Commission approve the Conditional Use, Special Review, Stream Margin Review, and
waiver of the Residential Design Standards, and recommend City Council approve the
Conceptual and Final SPA, with the following conditions:
1. Prior to issuance of a Certificate of Occupancy, a final plat shall be reviewed approved and
recorded. This plat shall conform to all relevant plat requirement of the City Engineer and
shall include final drawings depicting the site plan, landscape plan, utility plan, and building
elevations. In addition, this plat shall depict the following: All locations of as -built utilities
and easements, as -built locations of all structures, an access easement and recordation
number for access to the property, the top -of -slope as designated on the landscape plan,
building envelopes following approximately the proposed "SPA" boundary, a note stating
"only native vegetation below the top -of- slope," note(s) identifying "riparian areas," a note
stating "the zoning for this property is Public- Specially Planned Area (PUB- SPA)."
2. The applicant shall enter into a "SPA Agreement" with the City of Aspen binding the €Ms.%f•
property to the conditions of approval and such information provided in the final plat. This
SPA Agreement shall be recorded prior to issuance of a Certificate of Occupancy.
3. Prior to issuance of a Building Permit, the applicant shall submit GIS data including property
lines, building footprints, easements, utility placements (existing and proposed), and
encroachments. Prior to issuance of a Certificate of Occupancy, the applicant shall update
any changes to this information to reflect the information recorded in the final plat.
4. Prior to issuance of a building permit, the applicant shall submit a drainage plan for
approval. The applicant shall retain drainage on -site during and after construction. All on-
site drainage, surface run -off, and groundwater are prohibited from the public sewer. Oil and
sand interceptors shall be installed for the wash bays and must be covered with a roof
structure if they are served by the public sewer.
5. Prior to issuance of a Certificate of Occupancy, the applicant shall complete all utility
improvements and record the associated easements. These easements shall be reflected on
the final plat.
6. The applicant shall provide a 3 bedroom affordable housing unit on -site deed restricted to
Category 3 price guidelines. As long as an occupant is an employee of ACSD, there shall be
no restriction regarding assets or income. ACSD shall retain the right to select the occupant.
Prior to issuance of a Building Permit, the applicant shall record the appropriate deed
restriction with the Housing Authority.
7. Prior to issuance of a Certificate of Occupancy for the housing unit, the applicant shall have
the unit inspected to the satisfaction of the Housing Authority. Prior to issuance of a
Certificate of Occupancy for the office and maintenance portions of the building, the
applicant shall obtain a Certificate of Occupancy for the housing unit.
8. Prior to issuance of a building permit, the applicant shall gain approval from the
Environmental Health Department for a PM 10 mitigation plan. Any mitigation measures
proposed to offset increases in PM 10 shall be completed prior to issuance of a Certificate of
Occupancy.
9. Prior to issuance of a building permit, the applicant shall submit a fugitive dust control plan
including, but not limited to, fencing, watering of haul roads and disturbed areas, daily
cleaning of adjacent paved roads, speed limits, and other measures necessary to limit dust.
3
10. Any asbestos abatement measures shall be performed by a licensed asbestos removal
company.
11. The applicant shall obey the City's Noise Ordinance which prohibits construction from the
hours of 10 p.m. to 7 a.m. The applicant is encouraged to limit outdoor mechanical activity
after 7 p.m. The applicant is encouraged to address the concerns of neighbors by further
limiting these hours and nature of activity, within reason.
12. Any areas on -site where a vehicle or equipment will idle must have adequate ventilation. If the
ventilation is internal, the system must be designed by a Registered Professional Engineer.
13. Prior to issuance of a building permit, the applicant shall obtain approval from the City Fire
Marshall for specific requirements associated with the storage of hazardous materials,
sprinkling, and alarm systems. The proposed addition shall have a fire suppression system.
The applicant is encouraged to also sprinkle the existing portions of the building.
14. The applicant shall conform to all current building code requirements for the City of Aspen.
This includes, but is not limited to, the Aspen/Pitkin County Energy Code.
15. The applicant is encouraged to use earth tone exterior colors and a non - reflective roof
material.
16. Outdoor lighting shall be downcast and shall be used to a minimum extent. Uplighting and
lighting of landscape or architectural features is prohibited.
17. The applicant shall not use public rights -of -way for construction staging or parking for
contractors and their employees. The applicant shall clean any tracked mud and debris from
the site from adjacent public rights -of -way.
18. Prior to issuance of a certificate of occupancy, the applicant shall replace any curb and /or
gutter damaged during construction.
19. Prior to issuance of a building permit, the applicant shall complete and record an agreement
to join any future improvement districts for the purpose of constructing improvements which
benefit the property under an assessment formula.
20. All utility meters and any new utility pedestals or transformers must be installed on the
applicant's property and not in any public right -of -way. Easements must be provided for
pedestals. All utility locations and easements must be delineated on the site improvement
survey. Revisions to utility locations and easements must be delineated on a revised site
improvement survey prior to issuance of a certificate of occupancy. Meter locations must be
accessible for reading and may not be obstructed.
21. The applicant is fully subject to all reviews and approvals by the Growth Management
Commission and the Aspen City Council as required in the Municipal Code. In no way shall
this resolution imply approval of any other required approval.
22. A tree removal permit from the City Parks Department shall be required for the removal or
relocation of trees.
23. The applicant must receive approval for any work within public rights -of -way from the
appropriate City Department. This includes, but is not limited to, approval for a mailbox and
landscaping from the City Streets Department.
24. Before issuance of a building permit, the applicant shall record this Planning and Zoning
Resolution with the Pitkin County Clerk and Recorder located in the Courthouse Plaza
Building. There is a per page recordation fee. In the alternative, the applicant may pay this fee
to the City Clerk who will record the resolution.
4
25. All material representations made by the applicant in the application and during public
meetings with the Planning and Zoning Commission shall be adhered to and considered
conditions of approval, unless otherwise amended by other conditions.
RECOMMENDED MOTION:
"I move to approve the Conditional Use for a maintenance facility and one affordable
01 , ""' housing unit, Special Review for parking, Stream Margin Review, and waiver of the
' 1 Residential Design Standards, and recommend City Council approve the Conceptual and
(C r ° Final Specially Planned Area with the conditions listed in the Staff memo dated April 7,
1998."
ATTACHMENTS:
Exhibit A -- Review Criteria and Staff Findings
Exhibit B -- Referral Agency Comments
Exhibit C -- Application
5
Exhibit A
STAFF COMMENTS
Specially Planned Area (SPA)
Section 26.80.040, Standards Applicable to Specially Planned Areas
1. Whether the proposed development is compatible with or enhances the mix of
development in the immediate vicinity of the parcel in terms of land use, density,
height, bulk, architecture, landscaping and open space.
Staff Finding;
This SPA is compatible with adjacent development. Because the property is zoned
Public (PUB), the review must include either a PUD or SPA. The property has been
zoned with a SPA overlay for 20+ years. This process allows the applicant to modify the
zoning uses and dimensions. The uses and dimensions proposed are not drastically
different from the underlying PUB Zone District.
Staff suggests the plat reflect the SPA overlay for the whole property, designate building
envelopes, the top -of- slope, and appropriate native vegetation below the top -of- slope.
2. Whether sufficient public facilities and roads exist to service the proposed
development.
S taff Findine:
Basic services are sufficient.
3. Whether the parcel proposed for development is generally suitable for
development, considering the slope, ground instability and the possibility of mud
flow, rock falls, avalanche dangers and flood hazards.
Staf Findine
The applicant has avoided areas of flood hazard by placing the structure to the South end
of the property, away from the river.
4. Whether the proposed development creatively employs land planning techniques
to preserve significant view planes, avoid adverse environmental impacts and
provide open space, trails and similar amenities for the users of the project and
the public at large.
Staff Finding;
The applicant's site plan is sensitive to the nearby public trail and is sensitive to visible
open space on the property by the placement of the new development.
5. Whether the proposed development is in compliance with the Aspen Area
Comprehensive Plan.
Staff Finding;
Staff comments page 1
The AACP is silent concerning the need for, and appropriate location for, necessary
infrastructure. A basic concept of comprehensive city planning is the strategic planning
for basic services. If the townsite were a clean slate, this area of town would most likely
be prescribed for public park uses. The town benefited greatly when the bulk of the
processing operation moved downstream to the present location below the AABC,
leaving the management and administrative functions on Mill Street. This separation
makes much more sense given the present land use, operating characteristics of the
ACSD, and of the system.
The AACP does identify this parcel as a potential housing site. This recommendation
was probably considered a scenario of the ACSD vacating the parcel. Without this
vacation, however, the site still does lend itself to housing. Proximity to work, recreation,
and other neighborhoods is a benefit of the housing uses.
6. Whether the proposed development will require the expenditure of excessive
public funds to provide public facilities for the parcel, or the surrounding
neighborhood.
Staff Finding;
ACSD is a non - profit and the development will come from their budget. No significant
public expenditure for basic services is expected in relation to this development.
7. Whether proposed development on slopes in excess of twenty (20) percent meet
the slope reduction and density requirements of Section 26.84.030(B)(2)(b).
Staff Finding_
Slope reduction does not affect the proposed density.
8. Whether there are sufficient GMQS allotments for the proposed development.
Staff Finding;
The applicant must receive an allotment from City Council. The essential public facility
and the affordable housing unit may be exempted from the scoring and competition
procedures with a recommendation from the Growth Management Commission. The
GMC will consider this exemption request and pass a recommendation to Council.
CONDITIONAL USE:
MAINTENANCE FACILITY AND AFFORDABLE HOUSING IN THE PUBLIC ZONE DISTRICT
Section 26.60.040, Standards Applicable to all Conditional Uses
(A) The conditional use is consistent with the purposes, goals, objectives and
standards of the Aspen Area Comprehensive Plan, and with the intent of
the zone district in which it is proposed to be located.
Staff Finding;
The AACP only refers to this site as a potential for housing development. The ACSD is
not vacating this site but does wish to build affordable housing as an accessory use to
their administrative and maintenance functions.
Staff comments page 2
The purpose of this Public Zone District is to provide for the development of
governmental and quasi - governmental facilities for cultural, educational, civic, and other
related governmental purposes. Given this purpose statement, these facilities and are
certainly within the spirit of the zoning.
Considering the applicant is not proposing to vacate the property for the purpose of an
affordable housing site, staff believes the maintenance facility and the affordable housing
proposed for this site are not in conflict with the AACP.
(B) The conditional use is consistent and compatible with the character of the
immediate vicinity of the parcel proposed for development and
surrounding land uses, or enhances the mixture of complimentary uses
and activities in the immediate vicinity of the parcel proposed for
development.
Staff Finding:
Both uses being considered are an expansion of the uses already on -site. The Housing is
compatible and enhances the mix of land uses on- and off -site.
(C) The location, size, design and operating characteristics of the proposed
conditional use minimizes adverse effects, including visual impacts,
impacts on pedestrian and vehicular circulation, parking, trash, service
delivery, noise, vibrations and odor on surrounding properties.
Staff Finding:
The maintenance facility should improve the operating characteristics of the ACSD by
enclosing those functions. The site programming avoids the more public areas of the site
and areas close to the trail and the river. The Commission should limit the use of outdoor
lighting to a minimum and prohibit the use of light to accentuate landscape and
architectural features.
(D) There are adequate public facilities and services to serve the conditional
use including but not limited to roads, potable water, sewer, solid waste,
parks, police, fire protection, emergency medical services, hospital and
medical services, drainage systems, and schools.
Staff Finding
There are sufficient basic services to supply this development. The applicant may need to
re -route a water line and provide a revised easement for servicing.
(E) The applicant commits to supply affordable housing to meet the
incremental need for increased employees generated by the conditional
use.
Staff Finding:
This is largely discussed in the recommendation to City Council concerning the
exemption from growth management. There are no clear factors for deriving the
number of additional employees that may be generated by this development. The
applicant has requested approval for a 3 bedroom affordable housing unit. Using
the Housing Authorities numbers to calculate the number of employees a unit
houses by size, this unit houses 3 employees. 3 employees is 60% of 5
employees. Staff does not believe this development could increase the capacity
Staff comments page 3
•
for ACSD to employ by more than 5 employees and believes the unit as proposed
is sufficient to offset the employee impacts of this conditional use.
(F) The proposed conditional use complies with all additional standards imposed on it
by the Aspen Area Comprehensive Plan and by all other applicable requirements
of this title.
Staff Finding_
The applicant must obtain GMQS allotments and final SPA approval from City Council.
Other required review and recommendation are contained within this review unless
covered by the Growth Management Commission.
STAFF COMMENTS: OFF- STREET PARKING REQUIREMENTS
No development subject to special review shall be permitted unless the Commission
makes a determination that the proposed development complies with all standards set
forth below.
B. Off - street parking requirements. Whenever off - street parking requirements of a
proposed development are subject to establishment and /or mitigation via a
payment in lieu by special review, the development application shall only be
approved if the following conditions are met:
1. In all zone districts where the off - street parking requirements of a proposed
development are subject to establishment and /or mitigation by special review, the
applicant shall demonstrate that the parking needs of the residents, customers,
guests, and employees of the project have been met, taking into account potential
uses of the parcel, the projected traffic generation of the project, the projected
impacts onto the on- street parking of the neighborhood, its proximity to mass
transit routes and the downtown area, and any special services, such as vans,
provided for residents, guests, and employees.
Staff Finding
The applicant has proposed three (3) parking spaces for both the maintenance facility and
the housing unit. Two (2) spaces would be required if the housing unit were anywhere
else in the City. The small amount of office space generates the need for one (1)
additional space. Staff does not see any problems with this provision and feels the
applicant has the ability to adequately address the demand for parking. This is not
generally a facility which receives a high amount of customer traffic. Staff suggest that
the applicant address parking concerns by appropriately signing spaces for short-term,
employee parking, and residential parking.
Staff comments page 4
STAFF COMMENTS: STREAM MARGIN REVIEW
Section 26.68.040, Standards Applicable to Development within 100 feet of the Roaring
Fork River and its tributary streams.
A. No development shall be permitted in the floodway, with the exception of bridges or
structures for irrigation, drainage, flood control or water diversion, which may be
permitted by the City Engineer, provided plans and specifications are submitted to
demonstrate that the structure is engineered to prevent blockage of drainage
channels during peak flows and the Commission determines the proposed structure
complies, to the extent practical, with all standards set forth below.
B. No development shall be permitted within one hundred (100) feet, measured
horizontally, from the high water line of the Roaring Fork River and its tributary
streams, or within the Special Flood Hazard Area where it extends beyond 100 feet
from the high water line of the Roaring Fork River and its tributary streams, unless
the Commission makes a determination that the proposed development complies
with all standards set forth below:
1. It can be demonstrated that any proposed development which is in the Special
Flood Hazard Area will not increase the base flood elevation on the parcel proposed
for development. This shall be demonstrated by an engineering study prepared by
a professional engineer registered in the State of Colorado which shows that the
base flood elevation will not be raised, including, but not limited to, proposed
mitigation techniques on or off -site which compensate for any base flood elevation
increase caused by the development.
Staff Finding;
The applicant is not proposing development within the floodway and will not be increasing
the base flood elevation.
2. Any trail on the parcel designated on the Aspen Area Community Plan,
Parks /Recreation /Open Space/Trails Plan Map, or areas of historic public use or
access are dedicated via a recorded easement for public use. Dedications are
necessitated by development's increased impacts to the City's recreation and trail
facilities including public fishing access.
3. The recommendations of the Roaring Fork Greenway Plan are implemented in the
proposed plan for development, to the greatest extent practical;
4. There is no vegetation removed or damaged or slope grade changes (cut/fill) made
outside of a specifically defined building envelope. A building envelope shall be
designated by this review and said envelope shall be barricaded prior to issuance of
any demolition, excavation or building permits. The barricades shall remain in place
until the issuance of Certificates of Occupancy.
Staff Finding;
This public trail has been constructed. The area along the river has been limited to native
vegetation.
Staff comments page 5
Staff is recommending the SPA boundary be extended to cover the entire property and
building envelopes be designated on the recorded plat proximate to the existing SPA
boundary. Staff does not see a need for barricading prior to development due to the
distance from of the river.
5. The proposed development does not pollute or interfere with the natural changes of
the river, stream or other tributary, including erosion and /or sedimentation during
construction. Increased on -site drainage shall be accommodated within the parcel
to prevent entry into the river or onto its banks. Pool or hot tubs cannot be drained
outside of the designated building envelope.
Staff Findingi
The applicant must maintain drainage on -site during and after construction. This has been
included as a condition of approval.
6. Written notice shall be provided to the Colorado Water Conservation Board prior to
any alteration or relocation of a water course, and a copy of said notice is submitted
to the Federal Emergency Management Agency.
7. A guarantee is provided in the event a water course is altered or relocated, that
applies to the developer and his heirs, successors and assigns that ensures that the
flood carrying capacity on the parcel is not diminished.
8. Copies are provided of all necessary federal and state permits related to the work
within the 100 -year floodplain.
Staff Findigi
The applicant is not proposing any changes to the watercourse and the proposed
development is not within the 100 -year floodplain.
9. There is no development other than approved native vegetation planting taking
place below the top of slope or within fifteen (15) feet of the top of slope or the high
waterline, whichever is most restrictive.
Staff Findingi
The applicant is not proposing development below the top -of- slope.
10. All development outside of the fifteen (15) foot setback from the top of slope does
not exceed a height delineated by a line drawn at a forty -five (45) degree angle from
ground level at the top of slope.
Staff Finding_
The area proposed for development is clearly outside of this "no development zone" The
final plat shall designate the top -of- slope.
11. A landscape plan is submitted with all development applications.
Staff Finding:
A landscape plan has been submitted which depicts an appropriate treatment of outdoor
spaces and no changes to the area below the top -of- slope.
Staff comments page 6
12. All exterior lighting is low and downcast with no lights directed toward the river or
located down the slope
Staff Finding:
The has been included as a condition of approval.
13. Site sections drawn by a registered Architect, Landscape Architect, or Engineer are
submitted showing all existing and proposed site elements, the top -of- slope, and
pertinent elevations above sea level.
Staff Finding:
This site section has not been prepared. Staff, however, is certain the proposed
development would not breach this progressive height limit.
14. There has been accurate identification of wetland and riparian areas.
Staff Finding_
The applicant is not proposing changes to areas along the river. No impacts to wetlands or
riparian areas are expected with the development.
STAFF COMMENTS: RESIDENTIAL DESIGN STANDARDS
All residential development within the City of Aspen, unless in the R -15B Zone District,
shall comply with the Residential Design Standards unless otherwise granted a variance
by the Design Review Appeal Committee (DRAC) or by any other review board for
which the project must obtain an approval or recommendation.
Relief from the Residential Design Standards may be granted if the variance is found to
be one of the following :
a) in greater compliance with the goals of the AACP.
b) a more effective method of addressing standard in question.
c) clearly necessary for reasons of fairness related to unusual site
specific constraints.
Staff believes standards a and b apply to this development. These standards were derived
to address purely residential development and give the community oversight on mixed
use projects. Staff feels that the strict application of these standards would not generate a
better project than proposed and that maintenance facilities should not be "dressed -up" to
look like something they are clearly not.
Staff comments page 7
MEMORANDUM i la ra
To: Chris Bendon, Project Planner
Thru: Nick Adeh, City Engineer
From: Ross C. Soderstrom, Project Engineer
Date: March 10, 1998
Re: Aspen Consolidated Sanitation District SPA; Specially Planned Area Amendment, Conditional
Use (Maintenance Shop and Affordable Housing), Essential Public Facilities Exemption, Special
Review (Off- Street Parking), Stream Margin, Residential Design Standards, and Vested Property
Rights Reviews
Physical Address: 565 North Mill Street, City of Aspen, CO
Legal Description: A tract of land. within the NW 1/4, SW 1/4, Section 7, T 10 S, R 84 W, 6th P.M.,
City of Aspen, CO
[Aspen Consolidated Sanitation District Specially Planned Area (SPA)]
Parcel ID No.: xxxx- xxx- xx -xxx
After reviewing the above referenced application and making a site visit, I am reporting the combined
comments made by the members of the DRC:
[Site conditions at the time of site visits: February 18 and March 10, 1998; 2 - 4 ft snow pack; ground surface
and features indistinguishable under snow pack.]
Discussion: This application is an update to an existing SPA in which the Aspen Consolidated Sanitation
District has substantially completed the conditions of approval from prior reviews for this site so there are
relatively few significant comments or conditions to be addressed.
1. Improvement Survey and Subdivision Plat: The applicant will need to file an updated SPA plat
for the property by the completion of the proposed improvements. The plat needs to conform to the standards
of a subdivision plat with additional notes for the specific conditions of the SPA and other types of reviews
and approvals. The plat should include the site, landscaping and utility plans in addition to the improvement
and subdivision plat contents. Confer with the City Engineering Dept. for specific details.
The applicant will be required to complete the standard requirements and conditions associated with the
form(s) of development requested in the application.
2. Changes in Conditions: If the proposed use, density, or timing of construction of the project
change, or the site, parking, drainage or utility plans for this project change subsequent to this review, a
DRCM0598.DOC
1 OF 4
DRAFT
Memo - Aspen Consolidated Sanitation District SPA; Specially Planned Area Amendment, Conditional Use (Maintenance Shop and Affordable
Housing), Essential Public Facilities Exemption, Special Review (Off -Street Parking), Stream Margin, Residential Design Standards,
and Vested Property Rights Reviews
DRAFT
complete set of the revised plans shall be provided to the Engineering Dept. for review and re- evaluation. The
discussion and recommendations given in this memorandum apply to the application and plans (dated
December 15, 1997) provided for this review and such comments and recommendations may change in
response to changes in the use, density, or timing of the construction of the project, or changes in the site,
parking, drainage or utility designs.
3. City Water Dept.: Verify, if possible from available records, the location of the water main
(possibly steel) which is believed to have been abandoned in place and to be located along the easterly property
boundary. If appropriate, the City may abandon the easement for this line it is no longer required. The well
house in the center of the property is used to pump raw water for irrigating the landscaping on the site. The
district should contact the City Water Dept. about operation of the well and the ownership and maintenance of
the water main and two (2) fire hydrants serving the property. If not already in place, obtain an easement from
the adjacent property owner for the water main from N. Mill Street which serves this property. (The strip of
• land between N. Mill St. and the subject property appears to belong to Pitkin County.)
4. City Streets Dept.: There is a dewatering drainage line from the Rio Grande Parking Garage
which crosses this property before feeding into Hallam Lake. Libby Cowling (Holy Cross Electric
Association) recalls that this drainage line was buried deepest and the electrical, telephone and cable television
lines were buried on a bench of the same trench excavation above and to the side of the drainage line. If
possible, the location of this drainage line should be included in the utility plan and an easement granted to the
City of Aspen or the existing easement description corrected to reflect the actual location of the drainage line if
it lies outside of the utility easement.
5. Holy Cross Electric Association: According to Libby Cowling (Holy Cross Electric Assoc.)
there are two (2) electrical three phase transformers located on the property. Easements should be granted for
the electrical lines connecting to the transformers and for the transformers themselves, if these do not already
exist. The vault in the parking area north of the fueling pumps is probably not an electrical vault and the
identity and label should be corrected in the utility plans for the building permit.
•
6. Utility & Service Easements: As needed, additional easements should be granted for existing and
proposed utility lines through the property and these should be depicted on the plat to be recorded. Field
locates should be made for the existing utilities to verify their locations verses the description of the existing
common utility easement before preparing the final boundary plat and utility plans.
7. ACSD: Any drains serving the garage or other areas where the drains may capture oil, grease
and sand, will need to have oil & sand interceptors installed in -line before the flows are discharged to the
•
sanitary sewer or the stormwater drainage system.
•
DRCM0598.DOC
2 OF 4
DRAFT
Memo - Aspen Consolidated Sanitation District SPA; Specially Planned Area Amendment, Conditional Use (Maintenance Shop and Affordable
Housing), Essential Public Facilities Exemption. Special Review (Off -Street Parking), Stream Margin, Residential Design Standards,
and Vested Property Rights Reviews
DRAFT
8. Drainage - On - site & Off The roof and foundation drains on the existing office and garage
building are drained through a pipe which day - lights near the northwesterly corner of the property. The new
roof and foundation drain systems will connect to this system. During a site visit with Tom Bracewell
(ACSD) he explained that the area denoted on the utility plan for a detention basin will be reserved for this
possible future use although the existing depressed area (swale) will remain essentially unchanged at this time.
Low berms along the gravel driveway within the site direct and contain the surface run-off which percolates.
Snow storage is accommodated in the open grass areas across the site. The proposed discharge pipe from the
detention basin, crossing the trail to outfall at the river, shown on the utility plan in the application packet, will
not be installed.
9. Access to Public Rights - of - Way and Parking: This property is landlocked from the N. Mill St.
right -of -way by an intervening parcel which belongs to Pitkin County. The right of access needs to be verified
or an access easement from Pitkin County needs to be obtained. Information identifying the recorded access
easement needs to be included in the plat submitted for recording.
In order to make the proposed sanitary sewer service tap for the new building, the District will need to obtain a
right -of -way permit and coordinate closure of the lower, pedestrian path along the Rio Grande Trail on the
westerly side of the property with the City Parks Dept..
The proposed vehicle parking plan appears suitable for the intended purposes.
10. Specially Planned Area: Recommendations particular to the SPA (and Conditional Use and
Essential Public Facilities Exemption) are incorporated in the other recommendations of this review
memorandum. Due to the location of this property at the bottom of the drainage basin and next to the river,
Tom Bracewell reports that the seasonal ground water table is approximately 6 ft deep at the intended building
site (southerly end of the property) and approximately 4 ft deep near the trail at the northerly end of the
property. The drainage plan is designed given these conditions and functions acceptably for the existing
buildings. If ground water becomes a problem in the construction or permanent drainage system for the site,
the applicant should confer with the City Engineering Dept. about revisions to the site drainage plans.
11. Stream Margin: The top of slope for the river bank and any wetlands and riparian zones were
not identified on the Improvement Survey provided with the application although the majority of the proposed
work is obviously beyond the 15 ft top of slope setback. With the deletion of the outfall drainage pipe, there is
no work proposed along the river bank nor on the river -side of the bike path.
N.B.: Wetlands and riparian zones are to be shown on the improvement survey submitted for the application
regardless of whether work is proposed in these areas and should not be contingent upon making a site visit to
verify the existence and location of these areas.
12. Improvement Districts: The property owner is required to join any future improvement
districts formed for the purpose of constructing public improvements which benefit the property under an
DRCM0598.DOC
3 OF 4
DRAFT
Memo - Aspen Consolidated Sanitation District SPA; Specially Planned Area Amendment, Conditional Use (Maintenance Shop and Affordable
Housing), Essential Public Facilities Exemption, Special Review (Off -Street Parking), Stream Margin, Residential Design Standards,
and Vested Property Rights Reviews
DRAFT
assessment formula. The agreement would be executed and recorded concurrent with recording the
subdivision plat.
13. As Builts: Prior to C.O. issuance the building permit applicant will be required to submit to the
Aspen/Pitkin County Information Services Dept. as- builts drawings for the project showing the property lines,
building footprint, easements, encroachments, entry points for utilities entering the property boundaries and
any other improvements.
14. Work in the Public Rights - of - Way: Given the continuous problems of unapproved work and
development in public rights -of -way and easements, we advise the applicant as follows:
The applicant must receive approval from: City Engineering (920 -5080) for design
of improvements, including landscaping and grading, within public rights -of -way;
Parks Department (920 -5120) for vegetation species and placement, and irrigation
systems; Streets Department (920 -5130) for mailboxes, street and alley cuts; and
shall obtain permits for any work or development, including landscaping, within
public rights -of -way from the City Community Development Department (920 - 5090).
DRQMeeting Attendees;
Applicant: Glenn Hom - planner for applicant, Tom Bracewell - Applicant
Staff & Referral Agencies: Tom Bracewell, Mitch Haas, Rebecca Schickling, Ross Soderstrom, Nick
Adeh, Jack Reid, Nancy MacKenzie, Chris Bendon, Bill Earley, Gideon Kaufman, Bill Sawyers, Bruce
Lewis, Alan Richman, Michael Thompson, James von Brewer
DRCM0598.DOC
40F4
DRAFT
•
MEMORANDUM
To: Chris Bendon, Community Development Department
Through: Lee Cassin, Assistant Environmental Health Director `�
From: Nancy MacKenzie , Environmental Health Specialist \``
Date: March 18, 1998
Re: Aspen Consolidated Sanitation District Substantial SPA Amendment
The Aspen /Pitkin Environmental Health Department has reviewed the land use submittal under authority
of the Municipal Code of the City of Aspen, and has the following comments.
SEWAGE TREATMENT AND COLLECTION: Section 11 - 1.7 It shall be unlawful for the owner or occupant of any building
used for residence or business purposes within the city to construct or reconstruct an on -site sewage disposal device."
The plans to provide wastewater disposal for this project through the central collection lines of the Aspen
Consolidated Sanitation District (ACSD) meet the requirements of this department.
ADEQUATE PROVISIONS FOR WATER NEEDS: Section 23 - All buildings, structures, facilities, parks, or the like within
the city limits which use water shall be connected to the municipal water utility system."
The provision of potable water from the City of Aspen system is consistent with Environmental Health
policies ensuring the supply of safe water. The City of Aspen Water Department shall determine if
adequate water is available for the project. The City of Aspen water supply meets all standards of the
Colorado Department of Health for drinking water quality. A letter of agreement to serve the project must
be provided.
WATER QUALITY IMPACTS: Section 11 - 1.3 "For the purpose of maintaining and protecting its municipal water supply from
injury and pollution, the city shall exercise regulatory and supervisory jurisdiction within the incorporated limits of the City of Aspen and over
all streams and sources contributing to municipal water supplies for a distance of five (5) miles above the points from which municipal water
supplies are diverted?
A drainage plan to mitigate the water quality impacts from drive and parking areas will be evaluated by
the City Engineer.
AIR DUALITY: Sections 11 - 2.1 "It is the purpose of [the air quality section of the Municipal Code] to achieve the maximum practical
degree of air purity possible by requiring the use of all available practical methods and techniques to control, prevent and reduce air pollution
throughout the city..." The Land Use Regulations seek to "lessen congestion" and "avoid transportation demands that cannot be met" as well as
to "provide clean air by protecting the natural air sheds and reducing pollutants ".
The major air quality impact is the emissions resulting from the traffic generated by this project PM -10
(83% of which comes from traffic driving on paved roads) is a significant health concern in Aspen. The
traffic generated will also produce carbon monoxide and other emissions that are health concerns. The
•
1
municipal code requires developments to achieve the maximum practical degree of air purity by using all
available practical methods to reduce pollution. The applicant needs to implement measures that will
minimize traffic increases of the development, or offset the emissions from the project with PM10
reduction measures elsewhere. In order to do this, the applicant will need to determine the traffic increases
generated by the project (using standard ITE trip generation rates), commit to a set of control measures,
and show that the control measures offset the traffic or PM10 produced by the project.
The increase in office area by 1,400 sq ft and a new 1,400 sq ft employee housing unit will produce more
traffic and increase PM10. The vehicle wash bay, the shop /vehicle area and the mechanical room for these
two areas are not assumed to generate additional vehicle trips since they are to house activities that are
currently performed outside and are not to generate increased use.
The standard ITE trip generation rates for a Utility (Code 170) is .79 trips generated per 1,000 ft.
1400/1000 = 1.4
1.4 X .79 = 1.1 trips /day generated by the expansion to the office for this Utility
The standard ITE generation rate for one affordable housing unit (Code 210) is 9.55 trips /day.
Using the standards established by the " Pitkin County Road Management & Maintenance Plan" several
pre - approved trip per day reductions can be used with this land use category:
1.5 when 1/2 mile from support services
2.0 for on -site employee housing
1.0 for on -site employee housing located 1/2 mile of transit stop
9.55 /day reduced by 4.5 trips /day = 5 trips /day generated by the affordable housing unit.
5.0 + 1.1 = 6 total trips per day will be generated by the expansion and will have to be mitigated.
ACSD should determine what could be done in the immediate area that would encourage at least 6 people
per day to walk, bike or take the bus instead of driving. This could include constructing a sidewalk, trail or
bike path link. The City Engineering Department and Parks Department could be contacted to coordinate
with them on any new or ongoing projects in the immediate area.
Providing employees with bikes for intown errands, free bus passes and /or encouraging car or van pools
are other ways to decrease vehicle trips. A contribution could be made to acquire easements for trails,
maintain bikepaths, or construct trails. A $1,380 contribution would mitigate 1 trip. A $8,280 contribution
would mitigate the 6 trips generated by this project.
A condition of approval should be that before the building permit can be issued the
applicant provide information to the Aspen/Pitkin Environmental Health Department
which documents that proposed mitigation measures are sufficient to offset increases in
PM10 caused by the project. The mitigation measures must be completed before the final
CO can be issued.
2
FIREPLACElWOODSTOVE PERMITS
If there are any fireplaces in this project, the applicant must file a fireplace /woodstove permit with the
Environmental Health Department before the building permit will be issued. In the City of Aspen,
buildings may have two gas log fireplaces or two certified woodstoves (or 1 of each) and unlimited
numbers of decorative gas fireplace appliances per building. New homes may NOT have wood burning
fireplaces, nor may any heating device use coal as fuel.
FUGITIVE DUST
A condition of approval should be that a fugitive dust control plan is required which includes, but is not
limited to fencing, watering of haul roads and disturbed areas, daily cleaning of adjacent paved roads to
remove mud that has been carried out, speed limits, or other measures necessary to prevent windblown
dust from crossing the property line or causing a nuisance.
ASBESTOS
Commercial - Prior to remodel, expansion or demolition of any public or commercial building, before
any demolition involving any material put in before 1986 (besides concrete, bricks, or steel) including
removal of drywall, carpet, tile, etc., the state must be notified and a person licensed by the state to do
asbestos inspections must do an inspection. Environmental Health cannot sign any building permits
until we get this report. If there is no asbestos, the demolition can proceed. If asbestos is present, it must
be removed by a licensed asbestos removal contractor.
CONFORMANCE WITH OTHER ENVIRONMENTAL HEALTH LAWS:
NOISE ABATEMENT: Section 16 "The city council finds and dedares that noise is a significant source of environmental pollution
that represents a present and increasing threat to the public peace and to the health, safety and welfare of the residents of the City of Aspen
and it its visitors. Accordingly, it is the policy of council to provide standards for permissible noise levels in various areas and manners and
at various times and to prohibit noise in excess of those levels." •
During construction, noise can not exceed maximum permissible sound level standards, and construction
cannot be done except between the hours of 7 a.m. and 10 p.m.
It is very likely that noise generated during the construction phase of this project will have some negative
impact on the neighborhood. The applicant should be aware of this and take measures to minimize the
predicted high noise levels.
3
MEMORANDUM
To: Chris Bendon, Project Planner
Thru: Nick Adeh, City Engiriti
From: Ross C. Soderstrom, Project Engineer
Date: March 10, 1998 Engineer "
Re: Aspen Consolidated Sanitation District SPA; Specially Planned Area Amendment, Conditional
Use (Maintenance Shop and Affordable Housing), Essential Public Facilities Exemption, Special
Review (Off - Street Parking), Stream Margin, Residential Design Standards, and Vested Property
Rights Reviews
Physical Address: 565 North Mill Street, City of Aspen, CO
Legal Description: A tract of land within the NW 1/4, SW 1/4, Section 7, T 10 S, R 84 W, 6th P.M.,
City of Aspen, CO
[Aspen Consolidated Sanitation District Specially Planned Area (SPA)]
Parcel ID No.: xxxx- xxx- xx -xxx
After reviewing the above referenced application and making a site visit, I am reporting the combined
comments made by the members of the DRC:
[Site conditions at the time of site visits: February 18 and March 10, 1998; 2 - 4 ft snow pack; ground surface
and features indistinguishable under snow pack.]
Discussion: This application is an update to an existing SPA in which the Aspen Consolidated Sanitation
District has substantially completed the conditions of approval from prior reviews for this site so there are
relatively few significant comments or conditions to be addressed.
1. Improvement Survey and Subdivision Plat: The applicant will need to file an updated SPA plat
for the property by the completion of the proposed improvements. The plat needs to conform to the standards
of a subdivision plat with additional notes for the specific conditions of the SPA and other types of reviews
and approvals. The plat should include the site, landscaping and utility plans in addition to the improvement
and subdivision plat contents. Confer with the City Engineering Dept. for specific details.
The applicant will be required to complete the standard requirements and conditions associated with the
form(s) of development requested in the application.
2. Changes in Conditions: If the proposed use, density, or timing of construction of the project
change, or the site, parking, drainage or utility plans for this project change subsequent to this review, a
DRCM0598.DOC
1 OF 4
Memo - Aspen Consolidated Sanitation District SPA; Specially Planned Area Amendment, Conditional Use (Maintenance Shop and Affordable
Housing), Essential Public Facilities Exemption, Special Review (Off -Street Parking), Stream Margin, Residential Design Standards,
and Vested Property Rights Reviews
complete set of the revised plans shall be provided to the Engineering Dept. for review and re- evaluation. The
discussion and recommendations given in this memorandum apply to the application and plans (dated
December 15, 1997) provided for this review and such comments and recommendations may change in
response to changes in the use, density, or timing of the construction of the project, or changes in the site,
parking, drainage or utility designs.
3. City Water Dept.: Verify, if possible from available records, the location of the water main
(possibly steel) which is believed to have been abandoned in place and to be located along the easterly property
boundary. If appropriate, the City may abandon the easement for this line it is no longer required. The well
house in the center of the property is used to pump raw water for irrigating the landscaping on the site. The
district should contact the City Water Dept. about operation of the well and the ownership and maintenance of
the water main and two (2) fire hydrants serving the property. If not already in place, obtain an easement from
the adjacent property owner for the water main from N. Mill Street which serves this property. (The strip of
land between N. Mill St. and the subject property appears to belong to Pitkin County.)
4. City Streets Dept.: There is a dewatering drainage line from the Rio Grande Parking Garage
which crosses this property before feeding into Hallam Lake. Libby Cowling (Holy Cross Electric
Association) recalls that this drainage line was buried deepest and the electrical, telephone and cable television
lines were buried on a bench of the same trench excavation above and to the side of the drainage line. If
possible, the location of this drainage line should be included in the utility plan and an easement granted to the
City of Aspen or the existing easement description corrected to reflect the actual location of the drainage line if
it lies outside of the utility easement.
5. Holy Cross Electric Association: According to Libby Cowling (Holy Cross Electric Assoc.)
there are two (2) electrical three phase transformers located on the property. Easements should be granted for
the electrical lines connecting to the transformers and for the transformers themselves, if these do not already
exist. The vault in the parking area north of the fueling pumps is probably not an electrical vault and the
identity and label should be corrected in the utility plans for the building permit.
6. Utility & Service Easements: As needed, additional easements should be granted for existing and
proposed utility lines through the property and these should be depicted on the plat to be recorded. Field
locates should be made for the existing utilities to verify their locations verses the description of the existing
common utility easement before preparing the final boundary plat and utility plans.
7. ACSD: Any drains serving the garage or other areas where the drains may capture oil, grease
and sand, will need to have oil & sand interceptors installed in -line before the flows are discharged to the
sanitary sewer or the stormwater drainage system.
8. Aspen Fire Protection District: The new building and garages will need to be equipped with
fire sprinklers and fire alarms.
DRCM0598.DOC
2 OF 4
Memo - Aspen Consolidated Sanitation District SPA; Specially Planned Area Amendment, Conditional Use (Maintenance Shop and Affordable
Housing), Essential Public Facilities Exemption, Special Review (Off -Street Parking), Stream Margin, Residential Design Standards,
and Vested Property Rights Reviews
9. City Parks Dept.: It appears that only one tree requiring a tree removal permit will be impacted
by the proposed expansion. The Sanitation District will also coordinate work in the sanitary sewer easement on
the westerly side of the property with the City Parks Dept. for trail closure and re- vegetation.
10. Drainage - On - site & Off - site: The roof and foundation drains on the existing office and garage
building are drained through a pipe which day - lights near the northwesterly corner of the property. The new
roof and foundation drain systems will connect to this system. During a site visit with Tom Bracewell
(ACSD) he explained that the area denoted on the utility plan for a detention basin will be reserved for this
possible future use although the existing depressed area (swale) will remain essentially unchanged at this time.
Low berms along the gravel driveway within the site direct and contain the surface run -off which percolates.
Snow storage is accommodated in the open grass areas across the site. The proposed discharge pipe from the
detention basin, crossing the trail to outfall at the river, shown on the utility plan in the application packet, will
not be installed.
11. Access to Public Rights - of - Way and Parking: This property is landlocked from the N. Mill St.
right -of -way by an intervening parcel which belongs to Pitkin County. The right of access needs to be verified
or an access easement from Pitkin County needs to be obtained. Information identifying the recorded access
easement needs to be included in the plat submitted for recording.
In order to make the proposed sanitary sewer service tap for the new building, the District will need to obtain a
right -of -way permit and coordinate closure of the lower, pedestrian path along the Rio Grande Trail on the
westerly side of the property with the City Parks Dept..
The proposed vehicle parking plan appears suitable for the intended purposes.
12. Specially Planned Area: Recommendations particular to the SPA (and Conditional Use and
Essential Public Facilities Exemption) are incorporated in the other recommendations of this review
memorandum. Due to the location of this property at the bottom of the drainage basin and next to the river,
Tom Bracewell reports that the seasonal ground water table is approximately 6 ft deep at the intended building
site (southerly end of the property) and approximately 4 ft deep near the trail at the northerly end of the
property. The drainage plan is designed given these conditions and functions acceptably for the existing
buildings. If ground water becomes a problem in the construction or permanent drainage system for the site,
the applicant should confer with the City Engineering Dept. about revisions to the site drainage plans.
13. Stream Margin: The top of slope for the river bank and any wetlands and riparian zones were
not identified on the Improvement Survey provided with the application although the majority of the proposed
work is obviously beyond the 15 ft top of slope setback. With the deletion of the outfall drainage pipe, there is
no work proposed along the river bank nor on the river -side of the bike path.
N.B.: Wetlands and riparian zones are to be shown on the improvement survey submitted for the application
regardless of whether work is proposed in these areas and should not be contingent upon making a site visit to
verify the existence and location of these areas.
DRCM0598.DOC
3 OF 4
Memo - Aspen Consolidated Sanitation District SPA; Specially Planned Area Amendment, Conditional Use (Maintenance Shop and Affordable
Housing), Essential Public Facilities Exemption, Special Review (Off - Street Parking), Stream Margin, Residential Design Standards,
and Vested Property Rights Reviews
14. Improvement Districts: The property owner is required to join any future improvement
districts formed for the purpose of constructing public improvements which benefit the property under an
assessment formula. The agreement would be executed and recorded concurrent with recording the
subdivision plat.
15. As Guilts: Prior to C.O. issuance the building permit applicant will be required to submit to the
Aspen/Pitkin County Information Services Dept. as- builts drawings for the project showing the property lines,
building footprint, easements, encroachments, entry points for utilities entering the property boundaries and
any other improvements.
16. Work in the Public Rights - of - Way: Given the continuous problems of unapproved work and
development in public rights -of -way and easements, we advise the applicant as follows:
The applicant must receive approval from: City Engineering (920 -5080) for design
of improvements, including landscaping and grading, within public rights -of -way;
Parks Department (920 -5120) for vegetation species and placement, and irrigation
systems; Streets Department (920 -5130) for mailboxes, street and alley cuts; and
shall obtain permits for any work or development, including landscaping, within
public rights -of -way from the City Community Development Department (920 - 5090).
DRC Meeting Attendees: •
Applicant: Glenn Horn - planner for applicant, Tom Bracewell - Applicant
Staff & Referral Agencies: Tom Bracewell, Mitch Haas, Rebecca Schickling, Ross Soderstrom, Nick
Adeh, Jack Reid, Nancy MacKenzie, Chris Bendon, Bill Earley
Others: Gideon Kaufman, Bill Sawyers, Bruce Lewis, Alan Richman, Michael Thompson, James von Brewer
•
DRCM0598.DOC
4 OF 4
MEMORANDUM
To: Chris Bendon, Community Development Department
Through: Lee Cassin, Assistant Environmental Health Director `�
From: Nancy MacKenzie , Environmental Health Specialist �l``
Date: March 18, 1998
Re: Aspen Consolidated Sanitation District Substantial SPA Amendment
The Aspen /Pitkin Environmental Health Department has reviewed the land use submittal under authority
of the Municipal Code of the City of Aspen, and has the following comments.
SEWAGE TREATMENT AND COLLECTION: Section 11 - 1.7 "It shall be unlawful for the owner or occupant of any building
used for residence or business purposes within the city to construct or reconstruct an on -site sewage disposal device."
The plans to provide wastewater disposal for this project through the central collection lines of the Aspen
Consolidated Sanitation District (ACSD) meet the requirements of this department.
ADEQUATE PROVISIONS FOR WATER NEEDS: Section 23 - "All buildings, structures, facilities, parks, or the like within
the city Limits which use water shall be connected to the municipal water utility system."
The provision of potable water from the City of Aspen system is consistent with Environmental Health
policies ensuring the supply of safe water. The City of Aspen Water Department shall determine if
adequate water is available for the project. The City of Aspen water supply meets all standards of the
Colorado Department of Health for drinking water quality. A letter of agreement to serve the project must
be provided.
WATER QUALITY IMPACTS: Section 11 - 1.3 "For the purpose of maintaining and protecting its municipal water supply from
injury and pollution, the city shall exercise regulatory and supervisory jurisdiction within the incorporated limits of the City of Aspen and over
all streams and sources contributing to municipal water supplies for a distance of five (5) miles above the points from which municipal water
supplies are diverted."
A drainage plan to mitigate the water quality impacts from drive and parking areas will be evaluated by
the City Engineer.
AIR QUALITY: Sections 11 - 2.1 it is the purpose of [the air quality section of the Municipal Codej to achieve the maximum practical
degree of air purity possible by requiring the use of all available practical methods and techniques to control, prevent and reduce air pollution
throughout the city...' The Land Use Regulations seek to "lessen congestion" and "avoid transportation demands that cannot be met" as well as
to "provide clean air by protecting the natural air sheds and reducing pollutants ".
The major air quality impact is the emissions resulting from the traffic generated by this project. PM -10
(83% of which comes from traffic driving on paved roads) is a significant health concern in Aspen. The
traffic generated will also produce carbon monoxide and other emissions that are health concerns. The
1
municipal code requires developments to achieve the maximum practical degree of air purity by using all
available practical methods to reduce pollution. The applicant needs to implement measures that will
minimize traffic increases of the development, or offset the emissions from the project with PM10
reduction measures elsewhere. In order to do this, the applicant will need to determine the traffic increases
generated by the project (using standard ITE trip generation rates), commit to a set of control measures,
and show that the control measures offset the traffic or PM10 produced by the project.
The increase in office area by 1,400 sq ft and a new 1,400 sq ft employee housing unit will produce more
traffic and increase PM10. The vehicle wash bay, the shop /vehicle area and the mechanical room for these
two areas are not assumed to generate additional vehicle trips since they are to house activities that are
currently performed outside and are not to generate increased use.
The standard 11E trip generation rates for a Utility (Code 170) is .79 trips generated per 1,000 ft.
1400/1000 = 1.4
1.4 X .79 = 1.1 trips /day generated by the expansion to the office for this Utility
The standard ITE generation rate for one affordable housing unit (Code 210) is 9.55 trips /day.
Using the standards established by the " Pitkin County Road Management & Maintenance Plan" several
pre - approved trip per day reductions can be used with this land use category:
1.5 when 1/2 mile from support services
2.0 for on -site employee housing
1.0 for on -site employee housing located 1/2 mile of transit stop
9.55 /day reduced by 4.5 trips /day = 5 trips /day generated by the affordable housing unit.
5.0 + 1.1 = 6 total trips per day will be generated by the expansion and will have to be mitigated.
ACSD should determine what could be done in the immediate area that would encourage at least 6 people
per day to walk, bike or take the bus instead of driving. This could include constructing a sidewalk, trail or
bike path link. The City Engineering Department and Parks Department could be contacted to coordinate
with them on any new or ongoing projects in the immediate area.
Providing employees with bikes for intown errands, free bus passes and /or encouraging car or van pools
are other ways to decrease vehicle trips. A contribution could be made to acquire easements for trails,
maintain bikepaths, or construct trails. A $1,380 contribution would mitigate 1 trip. A $8,280 contribution
would mitigate the 6 trips generated by this project.
A condition of approval should be that before the building permit can be issued the
applicant provide information to the Aspen/Pitkin Environmental Health Department
which documents that proposed mitigation measures are sufficient to offset increases in
PMio caused by the project. The mitigation measures must be completed before the final
CO can be issued.
2
FIREPLACEIWOODSTOVE PERMITS
If there are any fireplaces in this project, the applicant must file a fireplace /woodstove permit with the
Environmental Health Department before the building permit will be issued. In the City of Aspen,
buildings may have two gas log fireplaces or two certified woodstoves (or 1 of each) and unlimited
numbers of decorative gas fireplace appliances per building. New homes may NOT have wood burning
fireplaces, nor may any heating device use coal as fuel.
•
FUGITIVE DUST
A condition of approval should be that a fugitive dust control plan is required which includes, but is not
limited to fencing, watering of haul roads and disturbed areas, daily cleaning of adjacent paved roads to
remove mud that has been carried out, speed limits, or other measures necessary to prevent windblown
dust from crossing the property line or causing a nuisance.
ASBESTOS
Commercial - Prior to remodel, expansion or demolition of any public or commercial building, before
any demolition involving any material put in before 1986 (besides concrete, bricks, or steel) including
removal of drywall, carpet, tile, etc., the state must be notified and a person licensed by the state to do
asbestos inspections must do an inspection. Environmental Health cannot sign any building permits
until we get this report. If there is no asbestos, the demolition can proceed. If asbestos is present, it must
be removed by a licensed asbestos removal contractor.
CONFORMANCE WITH OTHER ENVIRONMENTAL HEALTH LAWS:
NOISE ABATEMENT: Section 16 -1 "The city council finds and declares that noise is a significant source of environmental pollution
that represents a present and increasing threat to the public peace and to the health, safety and welfare of the residents of the City of Aspen
and it its visitors. Accordingly, it is the policy of council to provide standards for permissible noise levels in various areas and manners and
at various times and to prohibit noise in excess of those levels." •
During construction, noise can not exceed maximum permissible sound level standards, and construction
cannot be done except between the hours of 7 a.m. and 10 p.m.
It is very likely that noise generated during the construction phase of this project will have some negative
impact on the neighborhood. The applicant should be aware of this and take measures to minimize the
predicted high noise levels.
3
FEB 23 '90 10 :35AM ASPEN HOUSING OFC P.1
MEMORANDUM
TO: Chris Bendon, Community Development Department
FROM: Cindy Christensen, Housing Office
DATE: February 23, 1998
RE: Aspen Consolidated Sanitation District Substantial SPA Amendment
Parcel ID No.
ISSUE: The applicant is requesting approval to expand an existing maintenance and storage facility for
vehicle maintenance bays, office space. storage space and one affordable housing unit
: The affordable housing unit is proposed to be a 1,440 square foot, Category 4, three -
bedroom rental affordable housing unk. The applicant is seeking a Category 4 designation to make the unit
available in the future for the family of a District supervisor or manager. The applicant does state, though,
that the unit will probably be occupied by a lower income family in the near future,
The square footage of the unit falls under the minimum square footage for a Category 4 unit. The main
concern with the Category 4 designation is the rental for a lower income family.
The applicant also stag that this expansion will not create any additional employees, therefore, the applicant
would like to use this unk for credit in the future,
RECOMMENDArlfat The Housing Office recommends approval with the following conditions:
1. Deed restrict the unk to a Category 3 with the stipulation that as long as the tenant works for the
Aspen Consolidated Sanitation District, income andlor assets do not come into play.
2. Provide a list of the current employees and one year after Certificate of Occupancy, an audit should
be completed verifying the number of employees. Should there be any additional employees, the
three-bedroom hark will be used for this mitigation.
3. A deed restriction must be Tiled guaranteeing the unit:
a. shall be required to be rented and be rented for periods of no lees than six (8) morello; upon vacancy
of the unit, a landlord is granted forty -fire (45) days in which bD boats a qualified tenant;
b. shall not be occupied by the owner or members of the immediate family (as defined in Section 3-
150,130(A)(4) nor shall k be used as a guest house or guest fadkry;
c. all tenants must be approved by the AsperlPkkhr County Housing Authority and copies of the aligned
lease must be provided to the Housing Office showing the amount of rent charged and the term of the
tease;
d, the maximum rend rates shall not exceed the Housing Authority Category 9 level or equivalent
4. An inspection of the unit may be done by the Housing Office.
If this Is approved, a copy of the deed restriction should be obtained from the Housing Office and is required
lo be recorded before any building permit can be approved.
22'C The Aspen Timer* Saturday- Sunday, Mardi 21 -22, 1998
PUBLIC NOTICE
PUBLIC NOTICE
RE: PITKIN COUNTY AIRPORT MASTER PLAN PURSUANT TO C.R.S., 37 - 92 - 302, AS AMENDED, You are notj tied that the
AMENDMENT 11ND SPECIAL REVIEW AMEND following pages comprise a resume of the applications and amended
MENT FOR THE AIRPORT CARWASH applications filed with the Water Clerk for Water Division 5 during the month
NOTICE IS HEREBY GIVEN that a public hearing of FEBRUARY 1998.
will be held on Wednesday, April 22, 1998 at a '
regular meeting to begin at 3:00 PM before the 12. 9804022 APPLICATION FOR UNDERGROUND WATER RIGHT OF:EEN KRIZ IN GARFIELD
Board of County Commissioners, Plaza One COUNTY, CO Name, address 6 phone of Appllcant:Ken Kris 0483 Cnty Rd 167
Conference Room, 530 E. Main St., Aspen to con Glenwood springs, CO 81601 c/o Billie G. Burchfield Attorney for Applicant
Sider an application submitted by the 802 Grand 'we, S. 305 Glenwood Springs, CO 81601 (970) 945 -8818 CLAIM FOR
UNDERGROUND WATER RIGHT
Aspen/Pitkin County Airport requesting Name: Kris Well 140. 1 Legal al description: well located in Sec 1, T. 7 5., R.
approval to amend the master plan to update 89 W. 6 P14. 4300 ft fr N. line 6 1700 ft fr E. sec line Sec 1. Source is
the Airport Layout Plan (ALP). The applicant Is from underground water trib to Roaring Fork R. Depth of well 38 ft. Date Of
also requesting a special review amendment to o r P
approp: Oct. How 16 198, l r te0 construction 6 beneficial u ke
relocate the approved, but not rental car Date applied to usese: : Oct Irr. Permit 4
e Domestic N A. Amount claimed: 8 4
Mg lot t fueling and end of and
the refer ntal ca ept park park (8 0 ire p l cfs), to , plicante Use: Ire 1 acre, bmestiedeic 1 dwelling, livestock
Mg lot the western rorid Is [helatercepl park fire pur Applicant requests water ri be declared exempt domestic
T
ing lot. The property s located the pril pursuant C.R to C.R.S. . 88 1986.. 37-9(-) and . awarded original
a c County Airportand in ip priority date Oct. Oc 16, . 37
1986, , 0 C.R8.S. 5. 3J -92- 602(4). Name of f i owner 0 of land
parcel uel tl of land located P.M. 3, Township where well is located: Applicant (2 pages)
So
10 South, Range West nge 85 West 01f 6th P.M. and Sections
27,28 and 34, Township 9 South, Range 85 West 16. 98CW026 PITKIN, GARFIELD AND EAGLE COUNTIES -THE FRYING PAN RIVER,
of 6th PM. For further Information contact TRIBUTARY TO THE ROARING FORK RIVER, TRIBUTARY TO THE COLORADO RIVER. Basalt
Suzanne Wolff at the Aspen /PBkin Community Water Conservancy District, c/o Dan Kerst, Schenk, Kerst 6 deWinter,302 8"
Development Department (970) 920 Street, Suite 310, Glenwood Springs, CO 016010 /o Scott Balcomb, Lori S.M.
Copies of the proposed Resolution are available Satterfield, De' aney 6 Balcomb, P.C., P.O. Drawer 790Glenwood Springs, CO
for public inspection during regu business 81602 Amended Application for Change of Water Right and Plan for Augmentation
hours in the Office of the Clerk and Recorder, Claim for Change of Water Right: Decreed Name of Structures For Which Changes
530 East Main Street, Aspen, Colorado 81611. Are Sought: Basalt Conduit. Date Entered: 6/20/58, Case No. 8 -4613, Court:
Phone (970)9205180. Garfield County District Court Decreed Point of Diversion: The decreed
Jeanette Jones, Deputy County Clerk headgate and point of diversion for the Basalt Conduit is located on the left
ss Dy Fauns, Chalk side of the Frying Pan River in the NM of the Mil. of unsurveyed Section 18,
o /Drot Commissioners T. 6 5., R. 84 W. of the 6th P.M. at the head of the outlet tube for Ruedi
Board of
Published in The Aspen County on March e r r, Reservoir whence the SW corner of Section 7 of T. 8 S., R. 84 W. of the 6th
P.M. bears N. 79 W., a distance of 2,017.1 feet. Appropriation Date:
1998. 7/29/57, Amt.: 450 eft. Use: Genel of electricity, irrigation,
PUBLIC NOTICE domestic, municipal, stock watering, piscatorial and industrial. Proposed
RE: ASPEN CONSOLIDATED SANITATION DIS Change: Applicant seeks an alternate point of diversion of the Basalt Conduit
TRICT SPA AMENDMENT, SPECIAL REVIEW, in the amount of 3.307 cfs (1488.15 gpm), which is the cumulative total of
STREAM MARGIN, RESIDENTIAL DESIGN AND diversions at these described alternate points: Wally No. 1 Well. Located in
CONDITIONAL USE REVIEW the SWk NEk, Section 9, Township 8 South, Range 86 West, 6" P.X. at a point
NOTICE IS HEREBY GIVEN theta public hearing 1,500 feet from the North Section line and 1,950 feet from the East section
will be E15 on Tuesday, April line of said Section 9. Amt.: 0.010 cfs Eagle County. W 1 1x11 2 Well.
will to held at 4:30 7, 1998, 8, at Located in the SEtNEk,Section 9, Township 8 South Range 86 West, 6" P.M. at
ing Planning t e begi at 4:. bekr the -seen a point 1,900 feet from the North section line and 850 feet from the East
Zoning Commission, Sister er Cities
St., es section line of said Section 9. Amt.: 0.033 cfs Eagle County. Eailvllo, 1
Meeting an nd begin Rom, City Hall, application 130 5. S 5. Galena by Well. at a
Aspen, to ceted in the SEn4 88k , Section 9, Township 8 South, ange 86 West, 6"
point 1,650 feet from the worth section line and 830 feet from the
the Aspen Consolidated Sanitation District East Section line of said Section 9. Amt.: 0.033, Eagle County. Ta ker tl 11.
requesting a substantial amendment to the Located in the NE1 5N1/4 Section 30, Township 7 South, Range 87 West, 6th.
Specially Planned Area (SPA); t0 consider a P.M. at a point 1,440 feet from the South Section line and 2,170 feet from '
maintenance facility and one affordable housing the Weat Section line of said Section 30 .Amt. :0.066 cfs, Garfield County.
unit which are both conditional uses In the ()Kentaro Nn. 1 Well. Located in the PIES 5E1/4, Section 32, Township 7 South.
Public (PUB) Zone District; and to consider a Range 87 West, 6th P.M. at a point 2,000 feet from the South Section line ant -
waiver of the Residential Design Standards. The 557 feet from the East Section line of said Section 32. Amt.: 0.033 cfs,
property is located at 565 North MITI Street, and Garfield county. Blue 4e11. Located in the NE 1 4 5141/2, Section 30, Township :
is described as a tract of land within the NW1/4 South, Range 87 West, 6th P.M. at a point 1,378 feet from the South Sectlo,
of the SWI /4 of Section 7, Township 10 South, line and 1,979 feet from the West Section line of said Section 30. Amt. a
Range 84 West of the 6th P.M. For further inlor- 0.200 era, Garfield County. gBne Nn. 1 Well.: Located in the NNE SW;, Sectlo,
mation, contact Chris Bendon at the 11, Township 8 South, Range 87 Meat, 6th P.M. at a point 1,550 feet from the
Aspen/Pitkin Community Development South Section line and 850 feet from the west Section line of said Sects O.
Department. 130 S. Galena SL, Aspen, CO (970) 11. Amt.: 0.033 eft, Eagle County. Atlimn Jot 1Wa11: Located in the NW3 SEt
920 Section 33, Township 7 South, Range S7 Weat, 6th P.M. at a point 1,470 fee'
s /Sara Garton. Chair from the South Section line and 2,165 feet from the East Section line of sal.
Aspen Planning and Zoning Commission Section 33. Aat.: 0.033, Eagle County. Arllan Jot 7 Well: Located in the 5W
Published in The Aspen Times on March 21, 3E3, Sec tion 33, Tornshlp 7 South, Range 87 West, 6th P.M. at a point 1,31'
1998. £eat froe the South section line and 1,680 feet from the East Section line o
said Section 33. Amt. :0.033 cfs, Eagle County. Arline Lot 3 Wall: Located 1
PUBLIC NOTICE - the 514 SE1/2 Section 33, Township 7 South, Range 87 West, 6th P.M. at a poin
The annual return of The Erdman Family 1,275 feet from the South Section line and 1,800 feet from the East Sectlo
Foundation Is available, at the address noted line of said Section 33. Mat. :0.033 cfs, eagle County. Arlie.n tot 4 Well
below, for Inspection during acme! business Located in the SA SEk, Section 33, Township 7 South, Range 87 West, 6th P.M
hours, by anyd[lzen who so requests within 180 at a point 1,220 feet from the South Section line and 2,225 feet from th
days after publication of this notice of Its avail East Section line of said Section 33. Amt.: 0.033 cfs, Eagle County. Mau
ability. - Well: Located In the NE3 58k. Sedtion 31, Township 7 South, Range 87 West
The Erdman Family Foundation B. P.M. at a point 1,500 feet from the South Section line and 3,450 fee'
In care Family Linneeke; CPA 1 roil the East Section line of said Section 31. Amt. : 0.033 cfs, Garnet.
of Carl 2155. Monarch, Satre 101 County. G>:.pgm well: Located in the 5113/4 5E1, Section 35, Township 7 South
Aspen, CO 8161,/ Range 88 West, 6th P.M. at a point 920 feet from the South Section line an
-
(970)925 970 feet from the East Section line of said Section 35. Amt.: 0.067 ors
The principal manager Is Don Erdman, Garfield County. Daa Nell: Located In the NM; SEk, Section 28, Township
Tresldpri m a alte 9 is4J3 South, Range 88 West, 6th P.M. at a point 1,700 feet from the South sectio.
Published in The Aspen Ti mes 258 25 March 21, Well: and 2,100 feet from the East Section line of said Section 28. Amt.:0.03
1998. s cfa, Garfield County. Glassier lot A ml: Located in the 8E; SEE, Section 3
Township 8 South, Range 87 West, 6th P.M. at a point 2,800 feet from th,
PUBLIC NOTICE -. North Section line and 1,100 feet from the East Section line of said Sectioi
The 1997 annual return of The Hoffman Family 3. Amt.: 0.056 cfs, Eagle County. Weenier Lot B Well: Located in the SE]
Charitable annual return b complete, and avail- NEk Section 3, Township 8 South, Range 87 West, 6th P.N. at a point 2,75'
able for Inspection during no ®al business feet from the South Section line an d 000 feet from the East Section line o
Bald Section 3. Amt.: 0.056 cfs; Eagle County. fla t4 t C 11: Locate.
hours at the offices of Janet 4, Roberts, 215 So. in the NEk 5E Section 3, Township E South, Range 87 West, 6th P.M. at .
Monarch Street, Unit 101, Aspen,CO. The report point 2,750 feet from the South section line and 400 feet from the Eas'
will be available to any citizen who requests Section line of said Section 3. Amt.: 0.056 cfs, Eagle County. Letbert_Well
Inspection within 180 days alter the date of this Located in the 5E1/4 SE14 Section 17, Township 8 South, Range 86 West, 6th P.M
publication. The address of the foundation's at a point 1,000 feet from the south Section line and 250 feet from the Eas '
principal office is 100 Terrace Lane, Snowmass Section line of said Section 17. Amt.:0.033 era, Pitkin County. yeller Well
Village, CO 81615. J. Nelson Hoffman, Principle Located in the SEA SA, Section 33, Township 7 South, Range 87 West, 6th P.M
Manager. at a point 900 feet from the south Section line and 1,225 feet from the Eas
Published in The Aspen Times on March 21, Section line of said Section 33. Amt.: 0.033 cfs, Eagle County. Tygk�w 11
1998 Located in the NE3 REk Section 3, Township 8 South, Range 87 West, 6th P.
at a point 1,000 feet f M
from the North Section line and 100 feet from the Eas
Section line of said Section 3. Amt.:0.033 cfs, Eagle County. Eubank Well
PUBLIC NOTICE Located in the NWk Nw1, Section 35, Township 7 South, Range 88 West, 6th P,"
CffY OF ASPEN at a point 1,200 feet from the North Section line and 1,150 feet from 14
INVITATION TO BID West Section line of said Section 35.Amt.:0.066 cfs, Garfield County. NA E,,
BID NO. 199OBID Bill t1 Well: Located in the N NA, Section 27, Township 7 South, Range 8
c..i.A Ru...iii A. - ...e...,,4 ", ,we r,,., .,s Meet, 6th P.M. eta point 1,250 feet from the North SacH,... tine ...61 cn� a.,..
a•F pavnc flan or smar cnange or name ny' the County and North A irlines. Inc. And Man Bec ker of P.O. Box 119, Woody Creek, CO,
publication of Public Notice three (3) times in Mesa Airlines, Inc. respectively, have reached requesting approval to construct an accessory
The Aspen Times, a legal newspaper, published agreement on the amendments of the Lease and dwelling unit above the existing garage. The fol-
in said county. This publication is to be made Use Agreements to meet the needs of the lowing variances are requested: a variance of 7
within 20 days of the date of this Order. Prdper Airport and the Airlines; and feet on the combined sideyard setbacks, a
proof of publication shall be filed with the Clerk 6. On the recommendation of staff the approval height variance to 18 feet. The property is locat-
of the Court upon final publication. and adoption of these amendments to the ed at 950 Matchless Drive, and is described as
2. That upon proof of publication being filed County /Alrline Agreements are in the best inter - Lot 4A, Dunn /Bishop Lot Split. For further inlor-
with the Clerk of the Court, the name of Roger ests of the residents of and visitors to Pitkin mat ion, contact Amy Guthrie at the Aspen/Pitkin
Dean Barnett will be changed to Scotty Jeromy County. Community Development Department. 130 S.
Lee. Published In The Aspen Times on March 21. Galena 51., Aspen, CO (970) 920-5096.
DATED: March 11, 1998. 1998. s /Sara Garton, Chair
Fitzhugh Scott, III State of Colorado Aspen Planning and Zoning Commission
County Judge NOTICE OF PUBLIC HEARING Published in The Aspen Times on March 21,
Glenita Melnick, Clerk 1998.
Published In The Aspen Times on March 21, 28, Sponsored by
and April 4. 1998. The Rehabilitation Advisory Council (RAC) PUBLIC NOTI
Division of Vocational Vocational al R nee RE: ASPEN VILLAGE,
want INC. EXTENSION OF VEST -
We waot p n of public input about Rehabilitation
the the needs and nd pr pri- ED RIGHTS
tattles for new or expanden se es rehabili- NOTICE HEREBY We GIVEN that a public hearing a
N70
tation sdIabililivingrvicseir families invite will be hel d Wednesday, 3:00 1998
DISTRICT COURT, COUNTY OF PN, person's with disabilities, abilities, an t led Board Con to g to Cogan in i o n PM M 2, before at e
e
COLORADO friends, advocacy dis ocacy ourupsand interested proles- Conf Aspen of f County Commissioners. issioSer Plaza One
Case No. PR 7, Division 3 sionals attend our public meetings pro- Conference Room, 530 E. Main spen o-
i Ig
NOTICE OF HEARING G Ride comment monnt o the Division f Vocational c
ors an. Inc. r an application submitted Aspen rights.
IN THE MATTER OF THE DETERMINATION OF Rehabilitation's Slf ate Plan and Strategic Plan. oy- In requesting a on extension by by A hestes sideto
HEIRS RS DEVISEES OR 1999 BOTH, AND OF INTER- The 1 Plan will focuses supported Vg rted a with The property is located on
IN PROPERTY southwest side of f
Deceased IN PROPERTPERT DAVIS, Y OF WILLIAM J. DAM ment services st severe end services to to individuals with the intersection of f State Hi so ghwaay ty 82 e 82 and and Watson
Deceased
the most severe dlsabili i you Your local rehabili- Divide Road, and is described as a parcel of land
To: lies L. Davis, 102 Fairway Drive, Anniston, tattoo office can give you more information situated in Sections 1, 2 and 12 of Township 9
Alabama 36201; Ellen Davis Salm, 2330 Jontla about these areas, South, Range 86 West of the 6th P.M. For further
Avenue, Lakeland, Florida 33803; Thomas A. Hearing times, dates and locations are as fol- Information contact Tamara Pregl at the
lows: Community Development
Davis, 1613 Lanark Place, Birmingham, Alabama Aspen/Pitkin Y P meal
35223. Colorado Springs D lorad Sp Hotel Department (970) 920-5103. Copies of the pro-
A Petition, a copy of which accompanies this Colorado Springs World Arena posed Resolution are available for public enapec-
notice, has been filed alleging that the above April 7, 1998 Colorado Springs Ballroom lion during regular business hours In the Office
Decedent died leaving the following real proper- 4:00 - 6:00 PM 1775 E. Cheyenne Mountain of the Clerk and Recorder, 530 East Main Street,
g g P P Colorado Springs, CO Aspen, Colorado 81611. Phone (970) 920-5180.
ty situate in the County of Pitkin, State of Grand Junction City and County Auditorium Jeanette Jones, Deputy County Clerk
Colorado, to wit: April 8, 1998 250 N. 5th Street s /Dorothea Faris, Chair
Condominium Unit 202, Building J. Crestwood 3:00 - 5:00 PM Grand Junction, CO
Condominiums, according to the Supplemental Board of County Commissioners
Condominium Map appearing in the records of Denver Denver Central Public Library Published in The Aspen Times on March 21,
the County County, Clerk and Recorder of Pitkin Count , 14, 1998 1998.
Conference
Colorado, Book 4 at Page defined 4:00 -6:00 PM IOW 14th Avenue Parkway PUBLIC NOTICE
and nd described i that nin
n tons ,um Declaration v & Broadway) RE: ASPEN CONSOLIDATED SANITATION D
for Crestwood Condominiums, 5 atPage appearing , as up supple- in Denver, CO TRICT C H EXEMPTION
such ed records by in Book 24eatna a Con go mil April Lincoln Center NOTICE be IS HEREBY IVEN t a pu hearing
Declar on the Supplemental t Condominium
l Ludlow Room m held will be elgday, 7, 1e9 at e[ a meet
appearing for Condominiums 4:00-6: 6:00 1 00 PM PM For 17 dcw West Magnolia g begin n Tuesday. m ites Growth
appearing g i reco Crestwood n such records in Book 252 a i 252 at Page :0 , 1998
aratns, Management Coo mmin ssion, ion, m. il b 7 n St. er , C t i. Melling
107 a su n copies of this year's 's Sttate e St and Strategic Roo Room, , City City H Hall, 130 S. Galena a St, Aspen, to con -
commonly referred to as 400 Wood Road, Unit Plan submittals are available for review in all cider an application submitted by the Aspen
3202, Snowmass Village, Colorado 81615. local offices of the Division of Vocational Consolidated Sanitation District requesting an
The Hearing on the Petition will be held at the Rehabilitation; braille copies can be obtained / exemption from the scoring and competition
following time and location or at a later date to from the State Office. An American Sign procedures of the Growth Management Quota
which the Hearing may be o at a l continued: Language (ASL) Interpreter will be present at System for essential public facilities and one
Dale and Time: Tuesday, April 28, 1998. at 9:00 the Hearings. Requests to accommodate special affordable residential unit. The property is locat-
o'clock a.m. needs must be submitted to the State Office of ed at 565 North Mill Street, and is described as a
Address: District Courtroom Vocational Rehabilitation at 110 16- Street, 2nd tract of land within the NW I/4 of the SWI /4 of
Pitkin Courthouse Floor, Denver, CO 80202, Attention: Debbie Section 7, Township 10 South, Range 84 West of
Powell prior to the scheduled Public Hearing. the 6th P.M. For further information. contact
506 East Main Street Those persons who are unable to attend or Chris Bendon at the Aspen /Fltkln Community
Aspen. Colorado 81611 who do not wish to speak publicly may submit I Development Department, 130 S. Galena St..
You must answer the Petition within 20 days written comments by May 1, 1998 to: Annette Aspen, CO (970) 920-5072.
alter service of this notice if personal service D'Amico; Policy, Planning, Research & s /Sara Garton, Chair
occurs within Colorado, or within 30 days after Evaluation Unit; Division of Vocational Aspen Planning and Zoning Commission
service of this notice if personal service occurs Rehabilitation, 110 16th Street, 2nd Floor, Published in The Aspen Times on March 21,
outside Colorado or if service occurs by mail. Denver, CO 80202. 1998.
Within the time required for answering the The mission of the Division of Vocational PUBLIC NOTICE t
Petition, all objections to the Petition must be in Rehabilitation is to assist individuals whose dis- PLEASE TAKE NOTICE:
writing and filed with the Court and the filing fee abilities create barriers to employment or inde- That the Board of County Commissioners of
must be paid. The Hearing shall be limited to the pendent living 19 obtain or maintain employ- Pitkin County. Colorado, at its regular muslin
Petition, the objections timely filed and the par- ment and live independently. y meeting
ties answering the Petition in a timely manner. Published in The Aspen Times March 21, 28 on March 11, 1998 after a duly - noticed public
Dated on February 20. 1998. and April 4, 1998. hearing, adopted the following Resolution.
ry To make Revisions to the Pitkin County .
STEPHEN R. CONNOR, P.C. Personnel Policies And Procedures Manual
Attorney for Petitioner. 323 West Main Street, NOTICE OF PUBLIC TRUSTEE SALE Copies of the full text of the Resolution are '
Suite 301, Aspen, Colorado 81611, (970) 925- Public Trustee No. 98-5 available for public inspection from 8:30 am. to
1275. Attorney Registration No. 7773. To Whom it may Concern: This Notice is given 4:30 p.m. in the office of the Clerk and Recorder,
(This pleading conforms in substance to the with regard to the following described Deed of 530 East Main, Aspen, Colorado 81611 Phone
current version of the approved form number Trost 970-920-5180. .
57B.) Grantor (Borrower): Ray Dibacco and Marti Jeanette Jones, Deputy County Clerk
Published in The Aspen Times March 7. 14, 21, Dibacco Published in The Aspen Times on March 21, -
1998. 1998.
r - .
PUBLIC NOTICE
RE: ASPEN CONSOLIDATED SANITATION DISTRICT SPA AMENDMENT,
SPECIAL REVIEW, STREAM MARGIN, RESIDENTIAL DESIGN AND
CONDITIONAL USE REVIEW
NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, April 7,
1998, at a meeting to begin at 4:30 p.m. before the Aspen Planning and Zoning
Commission, Sister Cities Meeting Room, City Hall, 130 S. Galena St, Aspen, to
consider an application submitted by the Aspen Consolidated Sanitation District
requesting a substantial amendment to the Specially Planned Area (SPA); to consider a
maintenance facility and one affordable housing unit which are both conditional uses in
the Public (PUB) Zone District; and to consider a waiver of the Residential Design
Standards. The property is located at 565 North Mill Street, and is described as a tract of
land within the - NW 1/4 of the S W 1/4 of Section 7, Township 10 South, Range 84 West of
the 6th P.M. For further information, contact Chris Bendon at the Aspen/Pitkin
Community Development Department, 130 S. Galena St., Aspen, CO (970) 920 -5072.
s /Sara Garton. Chair
Aspen Planning and Zoning Commission
Published in the Aspen Times on March 21, 1998
City of Aspen Account
PUBLIC NOTICE
RE: ASPEN CONSOLIDATED SANITATION DISTRICT GMQS XEMPTION
NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, April 7,
1998, at a meeting to begin at 5:30 p.m. before the Growth Management Commission,
Sister Cities Meeting Room, City Hall, 130 S. Galena St., Aspen, to consider an
application submitted by the Aspen Consolidated Sanitation District requesting an
exemption from the scoring and competition procedures of the Growth Management
Quota System for essential public facilities and one affordable residential unit. The
property is located at 565 North Mill Street, and is described as a tract of land within the
NW 1/4 of the SW 1/4 of Section 7, Township 10 South, Range 84 West of the 6th P.I. For
further information, contact Chris Bendon at the Aspen/Pitkin Community Development
Department, 130 S. Galena St., Aspen, CO (970) 920 -5072.
s /Sara Garton. Chair
Aspen Planning and Zoning Commission
Published in the Aspen Times on March 21, 1998
City of Aspen Account
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MEMORANDUM
TO: Plans were routed to those departments checked -off below:
4 City Engineer
4 Zoning Officer
Housing Director
Parks Department
Aspen Fire Marshal
4 City Water
(0) Aspen Consolidated Sanitation District
Building Department
Environmental Health
O Electric Department
O City Attomey
O Streets Department
O Historic Preservation Officer
O Pitkin County Planning
FROM: Chris Bendon, Planner
Community Development Department
130 So. Galena St.; Aspen, CO 81611
Phone 920.5090 Fax 920.5439
RE: Aspen Consolidated Sanitation District Substantial SPA Amendment
DATE: February 13, 1998
REFERRAL SCHEDULE
DRC MEETING DATE:(note new time: 1:30 -3:00) February 18, 1998
SECOND DRC MEETING DATE (if necessary) February 25, 1998
OTHER REFERRALS DUE TO. ENGINEER & PLANNER: February 25, 1998
ENGINEERING REFERRAL DUE TO PLANNER: February 27, 1998
Thank you,
Chris.
t
r ' .
Street. 7-
8. Air /Water /Land Resources. No significant impact
m , upon the community's air and water quality is anticipated as a
••r result of the proposed development. No wood burning devices are to
be included in the building. Stormwater runoff will be detained in
compliance with the City's regulations.
1
a
9. Energy Conservation. / The addition to the building
_b will be designed to enhance energy conservation. All building
n ' insulation will meet or exceed applicable requirements. The
". /qi} ' I;: ibility of utilizing high performance glass (e.g., low "E" )
'' and adv mechanical systems (e.g., modular boilers) is
currently being investigated. Internal lighting systems will be
/ task oriented and low consumption water fixtures will be utilized
throughout the building. All plumbing and ductwork will be
insulated. In summary, no adverse effect upon the community's
Vf s
I nergy resources is anticipated a a rasalt -of the proposed
U e i development. 7 50 _
515 ✓ 10. visual Compatibility. The building will provide in-
door storage and a maintenance area for equipment. The elevations
a
show there will be minimal visual impacts. The building will look
more attractive then equipment stored outside.
"' Growth Management Quota System
Exemption for Affordable Rousing
The Community has a documented need for additional affordable
23
gm
ye
line serving the site and a sanitary sewer line. All costs
associated with obtaining sufficient water and sewer service will
be borne by the Applicant.
5. Drainage. The proposed development's storm drainage
system has been designed to maintain historic flow rates with
respect to surface water runoff and groundwater recharge. Figure
7 shows that foundation and roof drains will carry water from the
site improvements to a storm water detention area on the north side
of the property.
6. Fire /Police otection. Fire protection will be
provided by the Aspen Volunteer Fire Department. The project site
is located less than six (6) blocks from the fire station,
resulting in a response time of approximately three (3) to five (5)
minutes.
Police protection will be provide by the City's Police
Department. The Department is headquartered in the Pitkin County
Courthouse which is located approximately three (3) blocks
]southeast of the project site.
7. Solid Waste. Solid waste generated by the proposed
development will be deposited into an appropriately sized dumpster
to be located in the building's service area. Vehicular access to
the area for collection by United Waste Systems Incorporated will
be provided via the parking garage's main access drive off Mill
22
June 18, 1997
Tom Bracewell, ACSD
Tom,
Thanks for coming in to discuss your plans for expansion. I have attached a pre -
application conference summary outlining the requirements for submittal. You may
request a combined conceptual and final review, but I recommend a full four step process
for the PUD. This will allow you to respond to issues raised in conceptual review before
the final review. The process is generally cleaner and simpler. It is, however, longer and
can be more expensive.
As we talked about in our meeting, the Parks Department is in the process for a similar
approval. They contracted a Planner, Engineer, and an Architect for the submission. You
should talk with Becca as to how this helped her and the estimated costs.
If you are planning on breaking ground in the 1998 season, I encourage you to have full
land use approval by early March. This will allow you to submit for a building permit
and be ready to go by early May. I have outlined a rough schedule below for your
consideration.
Now - Sept. Prepare Application
Sept. 20. Submit for Conceptual (steps 1 and 2)
Oct. 30 Conceptual PUD - P &Z
Nov. 30 Conceptual PUD - City Council, public hearing
December Respond to conceptual approvals and prepare final application
Jan. 1 Submit for Final (steps 3 and 4)
Feb. 10 Growth Management Commission, public hearing
Feb. 10 Final PUD, Cond. Use, Special, Res. Design - P &Z, public hearing
March 10 Final PUD, Growth Mgmt. Exemption - City Council, public hearing
March 15 Submit for building permit
May 1 Receive building permit and break ground
There are many requirements in the PUD section of the Code, feel free to call me about
them. Also, if you do decide to hire a consultant, it would be good to have that person
meet with me about the process.
Chris Bendon, City Planning
CITY OF ASPEN
PRE - APPLICATION CONFERENCE SUMMARY
PLANNER: Chris Bendon, 920.5072 DATE: 6.18.97
PROJECT: Sanitaion District Expansion
REPRESENTATIVE:
OWNER: Tom Bracewell 925.3601
TYPE OF APPLICATION: 4 -step: Conceptual and Final PUD, GMQS exemption, conditional use, special review,
Stream margin exemption
DESCRIPTION: Expansion of essential public facilities, offices, possible housing mitigation
Land Use Code Section(s)
26.28.250 Public Zone District
26.32 Off - Street Parking
26.58 Residential Design Standards (if housing is proposed)
26.60 Conditional Use
26.64 Special Review
26.68.040 Stream Margin Review (exemption)
26.84 Planned Unit Development
26.102.040 Commercial Growth Management Exemptions
26.102.060 Growth Management Standards for employee generation
Review by: Growth Management Commission for recommendation to Council (public hearing)
P &Z for PUD, Conditional Use, Special Review, and res. design waiver. (public hearing)
City Council for PUD, Growth Management Exemption (public hearing)
Public Hearing: Yes, Applicant must post property and mail notice at least 10 days prior to hearing, or at least 15
days prior to the public hearing if any federal agency, state, county, municipal government,
school, service district or other governmental or quasi - governmental agency owns property
within three hundred (300) feet of the property subject to the development application .
Applicant will need to provide proof of posting and mailing with a affidavit at the public hearing.
Referral Agencies: Engineering, Housing, Environmental Health, Parks, Zoning, Fire Marshall, Water, ACSD
Planning Fees: Planning Deposit Minor ($2160) (additional hours are billed at a rate of $180/hour)
Referral Agency Fees: Engineering, Minor ($110); Housing, minor ($70); Env. Health, minor ($155)
Total Deposit: $2,495 (x2 for Conceptual and Final)
To apply, submit the following information:
1. Proof of ownership
2. Signed fee agreement
3. Applicant's name, address and telephone number in a letter signed by the applicant which states the name,
address and telephone number of the representative authorized to act on behalf of the applicant.
4. Street 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.
5. Total deposit for review of the application
6. _ 30 Copies of the complete application packet and maps. (contact Planner before submitting)
HPC = 12; PZ = 10; GMC = PZ +5; CC = 7; Referral Agencies = 1 /ea.; Planning Staff = 1
7. An 8 1/2" by 11" vicinity map locating the parcel within the City of Aspen.
8. Site improvement survey including topography and vegetation showing the current status, including all
easements and vacated rights of way, of the parcel certified by a registered land surveyor, licensed in the state of
•
Colorado. (This' requirement, or any part thereof, may be waived by the Community Development Department if
the project is determined not to warrant a survey document.)
9. A written description of the proposal and an explanation in written, graphic, or model form of how the proposed
development complies with the review standards relevant to the development application. Please include
existing conditions as well as proposed.
10. For Residential Proposals (Ord. 30):
a) Neighborhood block plan at 1 " =50' (available from City Engineering Department)
Graphically show the front portions of all existing buildings on both sides of the block and their setback
from the street in feet. Identify parking and front entry for each building and locate any accessory
dwelling units along the alley. Indicate whether any portions of the houses immediately adjacent to the
subject parcel are one story (only one living level).
b) Site plan at 1" = 10'. Show ground floors of all buildings on the subject parcel, as proposed,
and footprints of adjacent buildings for a distance of 100' from the side property lines. Show topography
of the subject site with 2' contours.
c) All building elevations at 1/8" = 1' -0.
d) Floor plans, roof plan, and elevations as needed to verify that the project meets or does not
meet the "Primary Mass" standard.
e) Photographic panorama. Show elevations of all buildings on both sides of the block,
including present condition of the subject property. Label photos and mount on a presentation board.
11. List of adjacent property owners within 300' for public hearing.
12. Copies of prior approvals
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.
f i 4<
f
MEMORANDUM
k
TO: Aspen City Council
THRU: Ron Mitchell, Acting City Manager
FROM: Steve Burstein, Planning Office ,V`\
RE: Aspen Consolidated Sanitation District SPA Amendment
and GMP Exemption for Essential Public Facilities
Parcel ID #2737- 073 -00 -004
DATE: June 16, 1986
LOCATION: 565 N. Mill Street
ZONING: Public
APPLICANT'S REQUEST: The applicant requests approval to build a
4,154 square foot administrative and storage facility attached to
the existing office building at 565 N. Mill Street. An SPA
development area of approximately 32,200 square feet has been
delineated to contain the project. There are three main compo-
nents of the building: Office Space (1,026 sq.ft.); 2 -Bay
Vehicle Storage (1,564 sq. ft.); and, a 2 -Bay Carport for future
enclosure (1,564 sq. ft.). Also proposed within the planning
area are two buried fuel tanks and fueling island, paved areas
for parking and circulation, landscaping and undergrounding of
existing utilities.
APPLICABLE SECTIONS OF THE CODE: The administrative and office
facility is eligible for a growth management competition exemp-
tion pursuant to Section 24- 11.2(e) for essential public facili-
ties. The applicant must demonstrate that a proposed facility "
. . . meets an essential governmental purpose, provides facili-
ties in response to the demands of growth and is not itself a
growth generator, is available for use by the general public,
services the needs of the local community and is a not -for- profit
venture." Impacts to be mitigated include " . . . those associ-
ated with the generation of additional employees; the demand for
parking, road and transit services; and the need for such basic
services as water supply, sewage treatment, drainage control,
fire and policy protection and solid waste disposal."
All of the area and bulk requirements in the public zone district
are set according to Section 24 -3.4 by an adopted plan for a
Specially Planned Area (SPA). Section 24 -7.7 states the review
criteria by which the precise plan shall be reviewed, including
1
most importantly:
"(1) Whether the proposal is compatible with neighboring
developments in terms of use, density, height, bulk, open
space, landscaping and other site and architectural design
features . . .
(2) Whether sufficient utilities and roads exist to service
the intended development.
(4) Whether the applicant has creatively employed land
planning techniques such as setbacks, clustering, screening,
buffering and architectural design to preserve significant
view planes, avoid adverse environmental impacts and provide
open space, trails and similar amenities for the users of
the project and the public at large.
(5) Whether the proposal is in compliance with the Aspen
Area General Plan."
Each of these items are addressed below under Staff Comments on
the proposal.
BACKGROUND: The existing office building which contains two (2)
employee units on the second floor was built in 1976. In 1981,
an SPA plan was approved for the construction of a four unit
employee housing project in the northwest portion of the pro-
perty. The sewage treatment facility was abandoned in 1983 and
dismantled and /or covered up in 1985.
The Aspen Consolidated Sanitation District submitted an applica-
tion for a maintenance facility and employee housing on this site
in February, 1986. However, upon P &Z's recommendation for denial
of a Code amendment allowing maintenance facilities and employee
housing zone district as conditional uses, the applicant submit-
ted an amended application in April. Council adopted an Ordi
nan - •e •:. makin. these conditional uses in the Public....
zone district, but the applicant still prefers to go forward with
rs alternative request.
PROBLEM DISCUSSION:
A. Referral Comments:
1. Engineering Department - In a memorandum from Jay
Hammond dated April 15, 1986 (Attachment B) the
following comments were given:
a. There is a narrow undefined parcel abutting Mill
Street that may be in County ownership. The
applicant should verify the ownership of the land
and obtain an appropriate easement to accommodate
2
the proposed driveway.
b. The proposed SPA boundary should be defined by a
metes and bounds description. The area for the
foundation drain routing should be deleted from
the described SPA.
c. The proposed site is not within 100 feet of the
floodplain and, therefore, no Stream Margin Review
is required. The Engineering Department recom-
mends testing by a geotechnical engineer to verify
the design relative to the groundwater conditions
on the site. There do not appear to be any other
geological hazards.
d. The site is under consideration as a potential
location for a City Street Department facility;
however, preliminarily it appears to be
unsuitable. The Engineering Department is not
recommending that the proposal be put on hold
until other studies are completed.
2. Environmental Health: In a memorandum from Tom Dunlop
dated March 27, 1986 (Attachment C) the following
concerns were discussed:
a. Oil and grease from the storage facility bays
should be contained by sand traps similar to those
found in a service station. In a May 1, 1986,
memorandum Mr. Dunlop added that the proposed sand
traps discussed by the applicant are in confor-
mance with the policies of the Environmental
Health Department.
b. The Colorado Health Department and U.S. Environ-
mental Protection Agency should be contacted with
regard to the location, sizes, type, etc. of the
proposed fuel tanks. General criteria dictate
that the tanks must not corrode, must be com-
patible with the material they contain, and are
structurally sound.
c. If windblown dust becomes a source of complaints
during construction, the applicant must initiate
remedies such as watering, chemical dust suppres-
sion and fencing. Prompt revegetation and use of
pavement will provide long -term dust control.
3. Water Department: In a March 11, 1986 memorandum from
Jim Markalunas (Attachment D), it is stated that water
will be available to the facility from existing water
mains.
3
4. Housing Authority: In a March 11, 1986 memorandum from
Ann Bowman (Attachment E) it is pointed out that there
are currently twelve (12) employees of the Sanitation
District. Verbally Ms. Bowman stated that the Housing
Authority accepted that no new employees would be
generated by the proposal.
B. STAFF COMMENTS: The Planning Office has the following
comments about the Sanitation District proposal:
1. Essential Public Facilities: In order to be eligible
for an exemption from the Growth Management Quota
System, the applicant must demonstrate that the
proposed project is an essential public facility and
that the impacts of the project will be mitigated. The
applicant has argued that the project is necessary for
the efficient operation of the Sanitation District.
More office space is needed as the present quarters are
somewhat cramped, and indoor storage space is necessary
for pipe and vehicles that are used almost exclusively
in the Aspen Area. Mr. Kuhn stated that the Hog
Pastures Treatment Plant site next to the Airport
Business Center is approximately four (4) miles from
Aspen and this site is too small for expansion. If the
facility were located at Hog Pastures, the eight (8)
mile round trip is costly, and emergency response time
for the lines in the City of Aspen would be unaccept-
ably slow according to Mr. Kuhn.
As mentioned by the City Engineer, the City Streets
Department is in need of additional facility space, and
a study is under way to evaluate alternative sites.
Furthermore, it has been suggested that facilities in
the entire Aspen /Snowmass area should be consolidated.
While there may be many advantages to such a consolida-
tion of city, county and special district facilities,
there is no accepted plan to accommodate this develop-
ment program. At the present time, the only reasonable
site is the County location next to the bus maintenance
facility, which will not serve the ACSD needs. The
Planning Office believes it is inappropriate to delay
the Sanitation District project until other entities
develop their maintenance and storage facilities plans.
The Planning Office believes that the proposed project
appears to be necessary and does qualify for the
Essential Facilities GMP Exemption. Mitigation of the
impacts of the project will be discussed below,
incorporated into the SPA plan review.
2. Compatibility with Surrounding Land Uses: To the south
of the project are the Stephan Kaelin building and Mill
4
Street Venture in the Service /Commercial /Industrial
(S /C /I) zone district. The proposed facility does not
appear to create any conflicts with these adjacent
S /C /I uses. No significant noise, dust or fumes should
be created. Considering the proposed building's
maximum height of 22 feet at a lower grade sloping
toward the river, architectural style and materials,
and proposed landscaping, this building should not
create unacceptable visual impacts for neighbors to the
south.
To the north and west of the Sanitation District
development parcel is open space zoned Park. Further-
more, there is a significant amount of green area
within the Sanitation District Public zoned parcel that
is the result of successful revegetation after removal
of the treatment plant and snow dump. This green area
is part of the general open space along both sides of
the Roaring Fork River. It is highly desireable to
maintain the open space character of the general area.
Given the siting of the proposed structure towards the
south of the property, most of the area would remain
green space. This project would not appear to severely
derogate that open space; and the landscaping proposal
should be expanded to further soften the visual impacts
of the building from the Rio Grande Trail and the open
space along the river. It should be noted that the
Sanitation District has already done a great deal on
its wan volition to make the site attractively clean
and green.
To insure future compatibility with the river Greenway
Plan, we suggest that the open space be designated as
open space in the SPA plan. This area should remain as
private open space until the time of an SPA plan for
the Sanitation District use of it. It would not
necessarily be open space into perpetuity.
3. Utilities and Roads: The utilities are in place and
appear to be able to handle this project. Some
undergrounding will occur. Mill Street is capable of
handling the volume of traffic generated by the
project, estimated at 20 vehicle trips per day. Sight
distance is not a major problem. The access easement
issue raised by the Engineering Department should be
resolved.
4. Environmental Concerns: The Environmental Health
Department discussed two areas of concern that should
be further accounted for by the applicant. The fuel
tanks should meet the latest criteria for environmental
safety promulgated by the State Department of Health
5
and the EPA. In addition, dust suppression should be
monitored so that it does not become a problem during
construction, and revegetation should be accomplished
as soon after construction as possible.
As suggested by the Engineering Department, a geotech-
nical engineer should verify the design of the struc-
ture and drainage system with regard to the groundwater
conditions on the site. Sand traps should be installed
as represented in the application.
5. Land Planning Techniques: The SPA -set area and bulk
requirements as well as the SPA plan review criteria
encourage creative land planning techniques. The
building is sited behind the existing office building
and at a fairly low grade compared to nearby properties
and roads. Primarily for this reason, it appears that
the building will not have a great visual impact from
Mill Street, where the greatest number of people will
pass nearby the building. The other significant
viewplane is from the Rio Grande Trail and the river-
side. Additional tree plantings should be incorporated
in the plan to further screen the structure from those
views. The architectural design will match the
existing office, using brick, cedar paneling and a flat
roof. Garage doors should be painted the same approxi-
mate brown of the brick so to not call any unnecessary
attention to the building.
Three spruce trees west of the existing office would be
relocated to the south side of the proposed building
and this appears acceptable.
6. Compliance with Aspen Area General Plan: The 1973
Aspen General Land Use Plan designates the site as open
space, however, shows the Sanitation Plant in this
location. The Aspen Area Comprehensive Plan: Parks /Re-
creation /Open Space /Trails Element (July 1985) shows a
portion of the site as existing open space and part of
the area as proposed open space. There are no proposed
trails nor identification of property for acquisition
that the proposed development site would effect. As
stated above, the portion of the site near the river
(outside the SPA development area) should be designated
as interim open green space. This action would help
implement the goals of the Open Space Plan.
7. Schedule: The building and landscaping should be
completed by May, 1987, or else be subject to an
amendment to the SPA plan.
6
COMMITTEE VOTE: On June 3, 1986, the Planning Commission
unanimously (4 -0) voted to recommend approval of the proposed SPA
Plan Amendment subject to the eight conditions listed below.
RECOMMENDATION: The Planning Office and Planning Commission
recommend City Council to approve the proposed SPA Plan Amendment
and GMP Exemption for Essential Public Facilities subject to the
following conditions:
1. The applicant shall verify the ownership of the land
abutting Mill Street and obtain an easement to accommodate
the proposed driveway which is acceptable to the City
Engineer prior to the issuance of a building permit for the
project.
2. Testing by a geotechnical engineer to verify the design
relative to the groundwater condition in the site shall be
accomplished to the satisfaction of the City Engineer prior
to the issuance of a building permit.
3. Sand traps within the drainage system for the storage
facility bays shall be installed as represented in the
application.
4. The applicant shall contact the State Department of Health
and the U.S. Envrionmental Protection Agency for the most
current information regarding fuel tank environmental safety
and shall submit a more detailed proposal based on the most
applicable criteria to the satisfaction of the Environmental
Health Department prior to issuance of a building permit.
5. Trees shall be replanted as represented in the proposed
landscape plan. Ten additional trees shall be planted to
better screen the east, west and south elevations of the
proposed building.
6. The applicant shall designate the northerly portion of the
property as interim open space.
7. An SPA plan shall be filed with the County Clerk and
Recorder's Office, meeting the requirements of the Engineer-
ing Department prior to the issuance of a building permit
for the project.
8. Construction, paving and landscaping shall be accomplished
by no later than May, 1987. An improvements guarantee and
bonding sufficient to cover paving landscaping shall be
filed to the satisfaction of the City Attorney and Engineer-
ing Department prior to issuance of a building permit.
SB.2
7
I
4
AGENDA
ASPEN PLANNING AND ZONING COMMISSION
October 17, 1989 - Tuesday
4:30 P.M.
2nd Floor Meeting Room
City Hall
REGULAR MEETING
I. COMMENTS
Commissioners
Planning Staff
Public
II. MINUTES
III. RESOLUTIONS
A. European Inn Open Space Code Amendment
B. European Inn LP Zone GMQS Allocation
IV. PUBLIC HEARING
A. Aspen Consolidated Sanitation District SPA
Amendment and GMQS Exemption
V. ADJOURN MEETING
a.cov
r R
0 MEMORANDUM
TO: Aspen Planning and Zoning Commission
FROM: Debbie Skehan, Planning Office
RE: Upcoming Meetings
DATE: October 12, 1989
This is a list of your scheduled upcoming meetings.
October 24 - Special Meeting
SH 82 EIS (TB)
November 7 - Regular Meeting
1001 Ute Avenue 8040 Greenline, Conditional Use & GMQS Exemption
(LL)
127 E. Hallam Historic Designation (RE)
Choumas Conditional Use for Accessory Dwelling Unit (LL)
Means Conditional Use for Accessory Dwelling Unit (LL)
November 14 - Special Meeting
Housing Replacement Program (AM /TB)
November 21 - Regular Meeting
Explore GMQS Exemption (LL)
a.nex
• r i
MEMORANDUM
TO: Aspen Planning and Zoning Commission
FROM: Leslie Lamont, Planner
Aspen Consolidated Sanitation District Final SPA
Amendment and GMQS Exemption
DATE: October 17, 1989
SUMMARY: The Planning Office recommends approval of the Aspen
Consolidated Sanitation District's (ACSD) amendment to the Final
SPA Plan and a GMQS exemption for the addition of two affordable
housing units. Pursuant to Section 7 -804 the increased employee
housing is an amendment to the Final SPA Plan requiring review by
the Commission at a public hearing and review and approval at
Council. A GMQS exemption for affordable housing, pursuant to
Section 8 -104 (C)(1)(c), is a two step process with a public
hearing at the Commission and a review and approval by Council.
APPLICANT: Aspen Consolidated Sanitation District
LOCATION: 565 North Mill Street, Aspen
ZONING: Public
APPLICANTS REQUEST: The ACSD seeks a GMQS Exemption and amendment
to the Final SPA Plan for two units of affordable housing.
BACKGROUND:
1976- a 1,440 square foot office building with two employee units
was built;
1981- a SPA plan was approved for the construction of a four unit
employee housing project, of 4,032 square feet, in the north west
portion of the property, a development area of 32,200 square feet
was delineated in the SPA Plan for project development.
1983- the sewage treatment facility was abandoned, and dismantled
and /or covered up on 1985;
1986- a SPA amendment was approved for the development of a 4,154
square foot administrative and storage facility attached to the
existing office building.
REFERRAL COMMENTS: Because of the small scope of this
application, referral agencies were not contacted.
STAFF COMMENTS: The ACSD proposes to add two employee units to
the existing building which contains offices, storage facilities
and 2 employee units. The proposed units, a 366 square foot
studio and one 662 square foot one bedroom unit, will be
constructed on the second floor adjacent to second floor office
space. Please see attached plan.
Amendment to the SPA - The proposal is not an insubstantial
amendment to the SPA plan because the residential density will be
increased by 33 %. There are already 6 employee units on site.
Two units are attached to the existing office /storage building
and 4 are located in the northwest portion of the property.
The addition of two new employee units, totalling 1,028 square
feet, is consistent with the original SPA Plan locating ACSD
services and employee housing on this site. In the SPA Plan a
total of 32,200 square feet of development area was approved for
the site. The addition of the two units increases the total
improvements on site to 10,654 square feet.
GMQS Exemption - The adopted SPA Plan identifies the coexistence
of ACSD services and housing on this site. The proposed units
will be deed restricted pursuant to the 1989 Affordable Housing
Guidelines to be reviewed and approved by the Housing Authority.
The units will be used by District employees. The District also
intends to provide two new parking spaces to accommodate the new
units.
RECOMMENDATION: The Planning Office recommends that the Planning
and Zoning Commission recommend to the Council approval of the
SPA Plan amendment and the GMQS exemption for two affordable
housing units with the following conditions:
1. Before the issuance of a building permit, the deed restricted
units shall be reviewed and approved by the Housing Authority.
2. Before the issuance of a building permit, a site plan showing
the two new parking spaces shall be reviewed and approved by the
Engineering Department.
3. An amended plat shall be filed with the Engineering
Department.
2
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ASPEN CONSOLIDATED SANITATION DISTRICT
SPA PLAN
r
Tom Bracewell
r Aspen Consolidated Sanitation District
565 North Mill Street
Aspen, Colorado 81611
r 970 - 925 -3601
Prepared
by /��/�/
— Glenn Horn AICP &" "'
Davis Horn incorporated
215 South Monarch Street n� /C,
— Suite 104 L 1� W
Aspen, Colorado 81611
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970- 925 -6587 1 'MT
CoAA G41d vrii�'
r Warren L. Palmer
Architect
Box 767
- 280 East Cody Lane /Pi/�
Basalt, Colorado 81621 ft, b (.�� (Jw -
4.1 970 - 927 -9442
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TABLE OF CONTENTS
Page
INTRODUCTION 1
I. EXISTING CONDITIONS 4
II. BACKGROUND 7
III. PROJECT DESCRIPTION 8
IV. LAND USE REVIEWS 16
Conditional Use Review for Maintenance Shop and
Affordable Housing in Public (PUB) Zone (26.60) 16
a- Growth Management Exemptions For:
Construction of Essential Public Facilities 18
Growth Management Exemptions For:
Affordable Housing 23
Specially Planned Area Amendment (SPA) 24
Special Review for Off - Street Parking 29
,. Stream Margin Review Exemption 30
Residential Design Standards 33
Vested Property Rights 35
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LIST OF FIGURES
Figure Page
1 Improvement Survey 6
2 Proposed Site Plan 9
3 Main Level Plan 10
4 Upper Floor Plan 11
5 Building Elevations: North and West 12
.. 6 Building Elevations: South and East 13
7 Conceptual Utility Plan 14
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Appendix
1 Pre - application Conference Summary Sheet
2 List of Property Owners Located within 300 Feet of Subject
Site
3 Letter from Aspen Consolidated Sanitation District Authorizing
Davis Horn Incorporated to Submit Land Use Application
5M
4 Fee Agreement
5 Ownership and Encumbrance Report for Subject Site
6 Vicinity Map
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INTRODUCTION
The Aspen Consolidated Sanitation District (hereinafter
04
"applicant ") requests land use approvals to expand the existing
maintenance and storage facility located at 565 North Mill Street.
Additional vehicle maintenance bays, office space, storage space
and one affordable housing unit are proposed.
The Aspen Consolidated Sanitation District has established the
following objectives for proposed development:
1. Provide space to store existing large equipment.
2. Provide space to maintain larger vehicles and equipment
2. Provide a dedicated area for washing vehicles /equipment.
3. Provide a break room and locker room for the crew.
4. Provide additional office space.
5. Provide an additional affordable housing unit.
6. Provide additional record storage space.
The applicant requests the following land use approvals:
* Conditional Use Review for Maintenance Shop and
Affordable Housing in Public (PUB) Zone (26.60)
Growth Management Exemptions For:
1. Construction of Essential Public Facilities
(26.102.040 C.a.)
2. Affordable Housing (Section 26.102.040 C.b.)
* Specially Planned Area Amendment (SPA) (26.80);
"° * Special Review for Off - Street Parking (26.64.040
B.)
* Stream Margin Review Exemption (Section 26.68.040);
* Residential Design Standards (26.58)
^ * Vested Property Rights (Section 26.52.080).
Appendix 1 is a June 6, 1997 City of Aspen Pre - Application
Conference Summary Sheet which mistakenly indicates that the
applicant must address PUD (Planned Unit Development) standards and
Commercial Growth Management Exemption standards. The proposed
development is an SPA (Specially Planned Area) amendment not a PUD
amendment. Typically, the dimensional requirements for land uses
in the PUB zone are established pursuant to the PUD process.
However, in the case of parcels designated SPA common practice has
been for dimensional standards to be established in the SPA process
rather than the PUD process (see Section 26.80.010 B.). The subject
site has been reviewed pursuant to the SPA standards three times
and has not been reviewed as a PUD.
The proposed development is an Essential Public Facility, therefore
a Commercial Growth Management Quota System Exemption is not
required. Instead, the Essential Public Facilities Exemption
regulations need to be addressed.
The application is divided into the following five sections:
I. Existing Conditions;
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II. Background;
III. Project Description;
IV. Land Use Reviews; and
V. Appendix.
The applicant is represented in this application by Glenn Horn
AICP, Planner, of Davis Horn Incorporated and Warren L. Palmer,
Architect. The land use application addresses all relevant City
review standards. In the event further information or
clarification is required, the applicant will provide additional
information or material to the staff.
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✓
I.
EXISTING CONDITIONS
Figure 1 is an improvement survey of the subject site prepared by
Cross Country Surveys, Incorporated. The survey shows the subject
site is improved with a vehicle maintenance shop, offices, a
garage, a two story apartment building, a pedestrian/ bike path
adjacent to the Roaring Fork River, parking and open space.
As depicted by Figure 1, Space, the site is relatively flat with
the exception of the river bank. There is a significant amount of
green area within the subject site which is the product of a
successful revegetation program completed after the removal of the
sewage treatment plant and snow dump which used to be located on
site. Vegetation within the property boundaries consists of
grasses and a mix of conifers and deciduous tree.
The subject site is zoned PUB (Public). An SPA (Specially Planned
Area) development area of approximately 32,000 square feet has been
designated around the existing maintenance shop and offices. Lands
located east and west of the subject site are zone P (Park). The
Rio Grande Trail is located adjacent to the west property boundary.
The land located to the south of the subject site is zone SCI
(Service /Commercial /Industrial) and developed with the Stephan
Kaelin building and the Mill Street Venture. There is a
significant elevation change between the subject site and the Mill
4
0
Street Venture Building located to the south. A tall retaining
wall separates the subject site from the adjoining property to the
south. The land to the north on the other side of the Roaring Fork
River is zoned R -30 PUD and developed with low density single
family residential development.
Vehicular access to the subject site is via Mill Street.
Pedestrians may access the site from the trail on the Roaring Fork
River and the Mill Street sidewalk. The site is proximate to the
Hunter Creek bus route on Mill Street and the Galena Steep shuttle.
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III.
PROJECT DESCRIPTI the Proposed
use application describes
section of the land illustrat
This made to the following
s are presented at 11" x 17"
development. References are
develop All drawing
depict the project. blueprints.
which n at the 24" x 36" size in
size in the text and
Proposed Site Plan
Figure 2 - plan
- proposed Main Floor
Figure 3 Upper Floor Plan
Proposed
Figure 4 - North and West
Building Elevations
Figure 5 - Routh and East
Building Elevations:
Figure 6 Utility Plan
- Conceptual
Figure 7 and the
applicant proposes to expand depicted on Figure 2, the SPA line is
As west. The existing
- to the south and SPA line
the
building to the west to accommodate
existing slightly be extended slig be eXpanded to
proposed to asphalt pad will
Proposed addition. The existing and a driveway to
w, the north and west to provide additional parking
the vehicle wash and maintenance bays.
shows offices, crew break room,
dressing room, mud room,
Figure 3 storage
one vehicle wash bay
room and fire floor.
TOOm mechanical proposed for the main
lube s a re prop
A maintenance bay improved with a three
and four vehicle will be
�_ Figure 4 shows the second floor
.. bedroom affordable housing unit.
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Figure 5 depicts the proposed north and west elevations while
Figure 6 south and east elevations. The elevations show the
proposed addition is designed to be consistent with the existing
building design.
Figure 2 shows that a small stand of trees will be relocated to
accommodate the new driveway. The trees will be transplanted to a
new location on site as shown on Figure 2.
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III.
LAND USE REVIEWS
This section of the application demonstrates compliance with the
land use requirements in the following sections of the Aspen Land
Use Regulations:
* Conditional Use Review for Maintenance Shop and
Affordable Housing in Public (PUB) Zone (26.60)
* Growth Management Exemptions For:
1. Construction of Essential Public Facilities
.. (26.102.040 C.a.)
2. Affordable Housing (Section 26.102.040 C.b.)
* Specially Planned Area Amendment (SPA) (26.80);
* Special Review for Off - Street Parking (26.64.040
B.)
* Stream Margin Review Exemption (Section 26.68.040);
Residential Design Standards (26.58)
* Vested Property Rights (Section 26.52.080).
Conditional Use Review:
.. Maintenance Shop & Affordable Housing in Public Zone
Section 26.28.250 established maintenance shops and affordable
housing as Conditional Uses in the PUD zone. The applicant is
✓ proposing a vehicle maintenance shop and one three bedroom,
Category four rental affordable housing unit. This section
demonstrates compliance with the Conditional Use review standards.
16
A. The conditional use is consistent with the purposes, goals,
objectives and standards of the Aspen Area Comprehensive Plan,
and with the intent of the Zone District in which it is
proposed to be located;
The portion of the subject site located adjacent to the Roaring
""" Fork River is dedicated open space. This designation is consistent
with the Roaring Fork Greenway Plan and the Aspen Area Community
Plan. Section 26.28.250 A. establishes the purpose of the PUB
district is to provide for the development of governmental and
quasi governmental facilities.
.. B. The conditional use is consistent and compatible with the
character of the immediate vicinity of the parcel proposed for
development and surrounding land uses, or enhances the mixture
of complimentary uses and activities in the immediate vicinity
of the parcel proposed for development;
vir
The area located to the south of the subject site has been a
,, service commercial area for many years. The proposed uses are
+. consistent with the service commercial uses in the area. There is
a large open area between the proposed development and the trail on
the Roaring Fork River. The existing trees will provide a buffer
between he Rio Grande Trail and the proposed building.
C. The location, size, design and operating characteristics of
the proposed conditional use minimizes adverse effects,
including visual impacts, impacts on pedestrian and vehicular
circulation, parking, trash, service delivery, noise,
vibrations and odor on surrounding properties;
Presently, the applicant stores equipment outside the existing
facility. If the proposed development is approved equipment will
be stored inside which will improve the appearance of the site.
- The only additional demands placed on public facilities will be
^- 17
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generated by the new affordable housing unit. The impacts of the
affordable housing until should be minimal.
D. There are adequate public facilities and services to serve the
conditional use including but not limited to roads, potable
water, sewer, solid waste, parks, police, fire protection,
emergency medical services, hospital and medical services,
drainage systems, and schools;
Refer to the response to C, above.
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E. The applicant commits to supply affordable housing to meet the
incremental need for increased employees generated by the
conditional uses;
The proposed development will not generate a need for any
affordable housing. Nevertheless, the applicant will construct one
affordable housing unit.
G. The proposed conditional use complies with all additional
-- standards imposed on it by the Aspen Area Comprehensive Plan
and by all other applicable requirements of this title.
The Aspen Area Community Plan does not contain standards. The
conditional uses are consistent with the goals, objectives and
policies of the Plan and will comply with the Aspen Land Use
Regulations.
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Growth Managment Exemptions
f The applicant seeks Growth Management Exemptions for Essential
Public Facilities and one affordable housing unit. The standards
for these exemptions are addressed in this section.
18
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Growth Managment Quota system Exemption for Essential Public
Facilities (26.102.040 C.a.)
(1) Except for housing development shall be considered an
essential public facility if it serves an essential public purpose,
provides facilities in response to the demands of growth, is not
itself a growth generator, is available for use by the general
public, and serves the needs of the City. It shall also be taken
into consideration whether the development is a not - for - profit
venture. This exemption shall not be applied to commercial
development.
The proposed development is being done to provide shelter for
existing equipment. The maintenance bays will allow the applicant
to store publicly owned equipment inside. The applicant is a non -
profit organization.
(2) A development applicant shall demonstrate that the impacts of
the essential public facility will be mitigated, including those
+' associated with the generation of additional employees, the demand
for parking and transit services, and the need for basic services
including but not limited to water supply, sewage treatment,
drainage control, fire and police protection and solid waste
disposal. It shall also be demonstrated that the proposed
development has a negligible adverse impact on the City air, water,
land and energy resources and is visually compatible with
surrounding areas.
i. Employee Generation. There will be no additional
employees generated by the proposed development. The maintenance
and storage facility will be staffed by the existing Aspen
* Consolidated Sanitation District staff.
+� Section 26.102.060 of the Regulations establishes employee
generation standards for various zone districts. There are no
standards for development in the PUB district. `Pitkin County and
the City of Aspen have a longstanding policy that maintenance
19
facilities and ancillary office space are built in response to
demand for public services and do not generated a demand for public_
services .j k�9 "� 4V� )1W� Q DY"
MIN
Figure 3, the Proposed Main Floor Plan depicts approximately 300
44 square feet of new office space. The new space will provide
adequate space for existing employees and will not result in any
4.4 employee generation. Section 26.102.060 E.3. suggests a standards
-.4 of 3 employees /1,000 square feet of net leasable office space
\�� in the 0 (Office) zone district. The application of this employee
generation standard to the proposed development would suggest that
the proposed 300 square feet of office space may generate
approximatley .9 employees. The applicant objects to the
pp ication of t is standard to the proposed development and
maintains that there will not be any employee generation resulting
from the proposed development.
2. Parking. The off - street parking requirement for
development within the PUB, Public zone district is established by
Special Review, the principal criteria being whether sufficient
parking will be provided to meet the needs of the project. The
r. City's Land Use Regulations, however, contain no specific parking
standards for public land uses such as Sanitation District
Maintenance Facilities. Where standards are specified, they range
from two (2) to four (4) spaces per thousand (1,000) square feet of
4110 .n s ; _� 041444 20
net leasable commercial or lodge floor area to one (1) space per
bedroom for residential uses.
The City staff has suggested that the 300 square feet proposed
office space will generate a demand for parking. If the 0 (Offics)
zone standards is a to the proposed development, there is a
theoretical demand for .9 parking spaces resulting from the 300
square feet of proposed office space. The applicant contends that
the parking is not required because there will not be any
additional employee generation from the proposed development.
Figure 2 shows that three parking spaces are being added to the
site to accommodate parking demands from the proposed affordable
housing unit.
3. Roads /Transit. There will not be a significant
impact on roads or transit. The maintenance facility will not
generate additional demands on the road or transit system. The
affordable housing unit will slightly increase traffic on Mill
Street, but will probably result in less traffic on Main Street and
State Highway 82.
4-
4. Water /Sewer. As discussed previously, water and
sewer service will be provided via the existing mains which already
service the site. Figure 7 shows there is an existing 6 inch water
21
line serving the site and a sanitary sewer line. All costs
associated with obtaining sufficient water and sewer service will
be borne by the Applicant.
5. Drainage. The proposed development's storm drainage
system has been designed to maintain historic flow rates with
respect to surface water runoff and groundwater recharge. Figure
7 shows that foundation and roof drains will carry water from the
site improvements to a storm water detention area on the north side
of the property.
6. Fire /Police Protection. Fire protection will be
provided by the Aspen Volunteer Fire Department. The project site
.. is located less than six (6) blocks from the fire station,
resulting in a response time of approximately three (3) to five (5)
minutes. MA 6 1 c (ju it, ,
Police protection will be provide by the City's Police
Department. The Department is headquartered in the Pitkin County
Courthouse which is located approximately three (3) blocks
O southeast of the project site.
7. Solid Waste. Solid waste generated by the proposed
development will be deposited into an appropriately sized dumpster
to be located in the building's service area. Vehicular access to
the area for collection by United Waste Systems Incorporated will
be provided via the parking garage's main access drive off Mill
22
num
Street. AA,4ArIA ti
8. Air /Water /Land Resources. No significant impact
upon the community's air and water quality is anticipated as a
result of the proposed development. No wood burning devices are to
be included in the building. Stormwater runoff will be detained in
compliance with the City's regulations.
9. Energy Conservation. The addition to the building
will be designed to enhance energy conservation. All building
insulation will meet or exceed applicable requirements. The
feasibility of utilizing high performance glass (e.g., low "E" )
and advanced mechanical systems (e.g., modular boilers) is
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currently being investigated. Internal lighting systems will be
task oriented and low consumption water fixtures will be utilized
throughout the building. All plumbing and ductwork will be
` insulated. In summary, no adverse effect upon the community's
energy resources is anticipated as a result of the proposed
development. A7 sr CP Cr
10. Visual Compatibility. The building will provide in-
..
door storage and a maintenance area for equipment. The elevations
show there will be minimal visual impacts. The building will look
more attractive then equipment stored outside.
Growth Management Quota System
Exemption for Affordable Housing
The Community has a documented need for additional affordable
'" 23
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housing. The applicant is proposing to construct a 1,440 square
foot, Category 4, three bedroom rental affordable housing unit.
The applicant is seeking a Category 4 designation to make the unit
available in the future for the family of a District supervisor or
manager. It likely that the unit will be occupied by a lower
income family in the near future.
Since there will be no affordable housing mitigation required by
the proposed development, the applicant requests the capability to
reserve the right to use the proposed unit for affordable housing,
project.
if necessary, to mitigate housing needs for a future p
//44Agcti 4or b Kk7
a - Specially Planned Area Amendment it Qo 'oaf ls,
f f f ire/
The subject site has been designated SPA. The applicant propos
a minor expansion of the SPA area as depicted on Figure 2. The
applicant requests the Planning Director to consolidate the
conceptual and final development plan review. A four step review
.IM would be redundant and serve no public purpose.
Any development within a Specially Planned Area is subject to both
P &Z and City Council review as set forth in Sections 26.80.040 B.
the Land Use Regulations. The specific review criteria for a final
,,, SPA development plan, and the proposed development's compliance
are outlined below.
A 1. Whether the proposed development is compatible with or
enhances the mix of development in the immediate vicinity of
the parcel in terms of land use, density, height, bulk,
24
architecture,landscaping and open space.
The area to the north and west of the project site is zoned P
(Park). Land to the south is zoned SCI (Service / Commercial
/Industrial). The site is presently improved with a vehicle
maintenance facility and ancillary office space and affordable
housing. Existing development in the immediate site area consists
primarily of service commercial uses located to the south and above
,,,, than the existing building. A retaining wall separates the subject
site from land uses to the south. The proposed building is
compatible with these land uses in terms of architecture, bulk and
height, and will be an attractive addition to the streetscape of
this area of the Ci3T
All utilities which will be required by the proposed development
are readily available within the immediate site area (see Figure
7). Existing water and sewer mains are easily accessible to the
project site. Electric and telephone service is already a *p2100Xany
public utility will be required in order to serve the project.
r The expansion of the maintenance facility and ancillary offices not
increase traffic volumes on Mill Street. The newtraffria Mill
Street, but will most likely reduce traffic on Main Street and
.r
State Highway 82.
25
r
3. Whether the parcel proposed for development is generally
suitable for development, considering the slope, ground
instability and the possibility of mud flow, rock falls,
avalanche dangers and flood hazards.
The proposed development will be free of such natural hazards as
mud flow, rock falls, and avalanche and flood dangers. To the best
of the Applicant's knowledge, there are no adverse soils conditions
which would preclude development. A soils analysis, however, will
be undertaken in connection with the design of the foundation and
,w.
all construction will strictly adhere to any recommendations which
may be forthcoming.
4. Whether the proposed development creatively employs land
planning techniques to preserve significant view planes,
avoids adverse environmental impacts and provides open space,
trails and similar amenities for the users of the project and
the public at large.
The proposed facility will be located at the base of a retaining
wall in a portion of the site that is not highly visible from the
south. The building addition is not visible from Mill Street on
the east. The building will be visible through the aspen trees on
the Rio Grande Trail to the west and from the trail on the river to
the north.
s
5. Whether the proposed development is in compliance with the
Aspen Area Comprehensive Plan.
The proposed affordable housing is consistent with the direction of
• the Aspen Area Community Plan. The Plan does not address the
expansion of the service facility.
s
6. Whether the proposed development will require the expenditure
of excessive public funds to provide public facilities for the
parcel, or the surrounding neighborhood."
A To the best of the applicant's knowledge, no upgrade of any
existing public facility will be required in order to serve the
26
proposed development.
7. Whether proposed development on slopes in excess of twenty
percent (20 %) meet the slope reduction and density
requirements of Section 26.84.030(B)(2)(b).
The dimensional requirements of the PUB, Public zone district are
established in conjunction with the adoption of a final PUD or SPA
development plan. Consequently, the project site has no
- theoretical maximum allowable density which is subject to reduction
pursuant to the Regulations. Nevertheless, Figure 1 shows the site
does not contain any areas in which the slope exceeds twenty (20)
percent.
8. Whether there are sufficient GMQS allotments for the proposed
development.
As noted in the introduction to this application, the Applicant is
requesting an exemption from growth management .for the proposed
3 on- *4% owe -
r. development as an essential public facility. \Should the exemption
.. be approved by the City Council, no growth management allocation
will be required.
The Land Use Regulations require compliance with the following
Final Plan regulations in addition to the regulations addressed
above.
-+ a. The general application information required in Sec.
r
26.52.030.
All of the general application information is included within this
land use application.
27
b. A precise plan of the proposed development including but not
limited to proposed land uses, densities, landscaping,
internal traffic circulation, and accessways. The precise
plan shall be in sufficient detail to enable evaluation of the
architectural, landscaping, and design features of the
proposed development. It shall show the location and floor
area of all existing and proposed buildings and other improve-
meats including heights, dwelling unit types and non-
residential facilities.
Figure 2 depicts the site plan including landscaping, parking areas
and internal traffic circulation. Figures 5 and 6 depict the
building elevations. The floor plans for the buildings are
depicted by Figures 3 and 4.
c. A statement specifying the underlying Zone District on the
parcel and, if variations are proposed, a statement of how the
variations comply with the standards of Section 26.80.040 (B).
- The subject site is zoned PUB (Public) with an SPA overlay. The
previous section of this application addresses Section 26.80.040
(B).
d. A statement outlining a development schedule specifying the
date construction is proposed to be initiated and completed.
Construction is planned for the late spring of 1998. If the
facility is not developed in 1998, it will probably be built in
1999.
e. A statement specifying the public facilities that will be
needed to accommodate the proposed development, and what
specific assurances will be made to ensure that public
facilities will be available to accommodate the proposed
r development.
As noted in the previous section of this application, the applicant
does not anticipate the proposed development of place any
additional significant demands on any public facilities.
28
f. A statement of the reasonable conformance of the Final
Development Plan with the approval granted to the Conceptual
Development Plan and with the original intent of the City
Council in designating the parcel Specially Planned Area
(SPA).
The applicant is seeking a consolidated conceptual and final
development plan review. The City originally designated the site
SPA to provide land use flexibility on the site. At one time the
site was improved with, offices, the maintenance facility and
affordable housing. The north side of the site is preserved as
- open space.
g. A plat which depicts the applicable information required by
Sec. 26.88.040(D)(1)(a)(3) and (D)(2)(a).
The applicant will prepare a plat upon approval of the SPA plan
prior to issuance of building permit.
Special Review for Off - Street Parking
Off- street parking in the PUB zone district is established by
Special Review pursuant to Section 26.64.040 B. of the Regulations.
The applicant demonstrates compliance with the Regulations in this
vise
section.
D. Off - street parking requirements. Whenever the off - street
parking requirements of a proposed development are subject to
establishment or reduction by Special Review, the Development
Application shall only be approved if the following conditions
are met.
1. In all other zone districts where the off street parking
requirements are subject to establishment or reduction by
special review, the applicant shall demonstrate that the
parking needs of the residents, guests and employees of
- the project have been met, taking into account potential
29
uses of the parcel, its proximity to mass transit routes
and the downtown area, and any special services, such as
vans, provided for residents, guests and employees.
Figure 2, Proposed Site Plan, shows three additional parking spaces
are proposed. The parking spaces will be used to accommodate the
affordable housing unit. Since addition to the maintenance
building will not generated additional employees there will not be
any additional parking demands resulting from the Essential Public
Facilities exemption.
The City staff has suggested that the 300 square feet proposed
office space will generate a demand for parking. If the 0 (Office)
7 ne standards is applied to the proposed development, there is a
theoretical demand for .9 parking spaces resulting from the 300
square feet of proposed office space. The applicant contends that
the parking is not required because there will not be any
additional employee generation from the proposed development.
r
Figure 2 shows that three parking spaces are being added to the
site to accommodate parking demands from the proposed affordable
housing unit.
Stream Margin Review Exemption
The proposed development does not comply with the Stream Margin
Review Exemption criteria (section 26.68.040 C) therefor, this
section of the application demonstrates compliance with the Stream
Margin Review requirements, Section 26.68.040 of the Aspen Land Use
30
ale
Regulations. Each of the criteria appear in bold followed by the
applicant's responses.
1. It can be demonstrated that any proposed development which is
in the Special Flood Hazard Area will not increase the base
flood elevation on the parcel proposed for development. This
shall be demonstrated by an engineering study prepared by a
professional engineer registered to practice in the State of
Colorado which shows that the base flood elevation will not be
raised, including, but not limited to, proposing mitigation
techniques on or off -site which compensate for any base flood
elevation increase caused by the development.
The FEMA maps show that the proposed improvements are not located
within the Special Flood Hazard Area.
2. Any trail on the parcel designated on the Aspen Area
Comprehensive Plan: Parks /Recreation /Open Space /Trails Plan
map is dedicated for public use.
The Aspen Area Comprehensive Plan: Parks /Recreation /Open
Space /Trails Plan recommends that a trail be constructed on the
subject site adjacent to the Roaring Fork River. As depicted on
Figure 1, the trail has already been constructed.
— 3. The recommendations of the Roaring Fork Greenway Plan are
implemented in the proposed plan for development, to the
greatest extent practicable.
The recommendations of the Roaring Fork Greenway Plan have already
been implemented on the subject site. The land adjacent to the
River has zoned P (Park) and is maintained as open space. There is
a trail on the River.
4. There is no vegetation removed or damaged or slope grade
changes (cut or fill) made outside of a specifically defined
envelope. A building envelope shall be designated by this
review and said envelope shall be barricaded prior to the
issuance of any demolition excavation or building permits.
31
The barricades shall remain in place until the issuance of
Certificates of Occupancy.
All improvements will be located within the SPA portion of the
site. The SPA line will delineate the proposed building envelope
(see Figure 21).
5. The proposed development does not pollute or interfere with
the natural changes of the river, stream or other tributary,
including erosion and or /sedimentation during construction.
Increased on -site drainage shall be accommodated within the
parcel to prevent entry into the river or onto its banks.
Pools or hot tubs cannot be drained outside of the designated
envelope.
The proposed development has been adequately setback from the river
to avoid interference with the natural changes of the river.
During construction, silt fences will be utilized to protect the
stream. Site drainage will be directed to the interior of the
site.
6. Written notice is given to the Colorado Water Conservation
Board prior to any alteration or relocation of a water course,
and a copy of said notice is submitted to the Federal
'-' Emergency Management Agency.
There will not be any alteration of the water course. Therefore,
the applicant has not notified the Colorado Water Conservation
Board.
7. A guarantee is provided in the event a water course is altered
or relocated, that applies to the developer and his heirs,
successors and assigns that ensures that the flood carrying
capacity on the parcel is not diminished.
The proposed structure is located at least 340 feet horizontally
from the Roaring Fork River high water line and 19 feet
32
W
horizontally from the flood hazard boundary. There is adequate
room to assure that the water course will not be altered or
relocated by the applicant or heirs. All disturbance will be
restricted to the within the SPA line, therefore a guarantee is not
needed.
8. Copies are provided of all necessary federal and state permits
relating to work within the one hundred (100) year floodplain.
The applicant does not propose any work within the one hundred year
floodplain.
9. There is no development other than approved native vegetation
planting taking place below the top of the slope or within
fifteen (15) feet of the top of the slope or the high
waterline, whichever is most restrictive. This is an effort
to protect the existing riparian vegetation and bank
stability. If any development is essential within this area,
it may only be approved by special review pursuant to Section
26.64.040(D) (refer to Figure "A" below for illustrative
purposes).
Development will not take place within 15 feet of the top of the
slope. There will not be any disturbance to the River bank.
10. All development outside the fifteen (15) foot setback from the
top of the slope does not exceed a height delineated by a line
drawn at a forty -five (45) degree angle from ground level at
the top of the slope. Height shall be measured and determined
by the Zoning Officer utilizing that definition set forth at
Section 26.04.100 (refer to Figure "A" below for illustrative
purposes).
The proposed building is 340 feet from the River. The building
clearly not exceed the height delineated by a line drawn at a
33
forty -five degree angle from ground level at the top of the slope.
It is easy to make this determination without a drawing, therefore
an illustration is not necessary.
11. A landscaping plan is submitted with all development
applications. Such plan shall limit new plantings (including
trees, shrubs, flowers and grasses) outside of the designated
building envelope on the river side to native riparian
vegetation.
Figure 2, Proposed Site Plan includes a landscape plan.
12. All exterior lighting is low and downcast with no light(s)
directed toward the river or located down the slope.
Exterior lighting will comply with this land use requirement.
13. Site sections drawn by a registered architect, landscape
architect, or engineer are submitted showing all existing and
proposed site elements, the top of the slope, and pertinent
elevations above sea level.
Refer to Figure 2, the Proposed Site Plan which shows topography
f and the top of slope.
14. There has been accurate identification of wetlands and
riparian zones.
A review of Figure 2 clearly shows that the existing building is
r
located approximately 340 feet from the top of the slope above the
Roaring Fork River. A site visit shows that there are no wetlands
or riparian areas in the proposed SPA area.
34
AIM
Residential Design Standards
Section 26.58 of the Regulations establishes residential design
standards to be applied to "residential development" (Section
26.58.010. The residential design standards are intended to
address design of residences as viewed from public streets and to
preserve neighborhood scale and character. The proposed structure
is not visible from public streets, nor is it a residential use.
According to the Regulations "residential use means used or
intended exclusively for dwelling purposes, but not including hotel
or lodge rooms" (emphasis added). The proposed use is a
maintenance facility with an ancillary office and affordable
housing unit. It does not meet the definition of residential use,
therefore the residential design standards are not applicable to
the proposed development.
Vested Property Rights
The applicant requests Vested Property Right status pursuant to
— Section 26.52.080 of the Regulations. No specific submission
requirements are required for the Vested Property Rights hearing.
a
35
Apr er-4
•
•
June 18, 1997 - -
•
tA6‘ 9 e
Tom Bracewell, ACSD
•
•
ASPEN • PITKIN
Tom, COMMUNITY DEVELOPMENT DEPARTMENT
• Thanks for coining in to discuss your plans for expansion. I have attached a pre -
application conference summary outlining the requirements.for submittal. You may
request a combined conceptual and final review, but I recommend a frill four step process
for the PUD. This will allow you to respond to issues raised in conceptual review before
the final review. The process is generally cleaner and simpler. It is, howexer, longer and
can be more expensive.
As we talked about in our meeting, the Parks Department is in the process for a similar
approval. They contracted a Planner, Engineer, and an Architect for the submission. You
should talk with Becca as to how this helped her and the estimated costs.
If you are planning oh breaking ground in the 1998 season, I encourage you to have full
land use approval by early March. This will allow you to submit for a building permit
and be ready to go by early May. I have outlined a rough schedule below for your
consideration.
•
Now - Sept. Prepare Application
Sept. 20. Submit for Conceptual (steps 1 and 2)
Oct. 30 Conceptual PUD - P &Z
Nov. 30 Conceptual PUD - City Council, public hearing
December Respond to conceptual approvals and prepare final application
Jan. 1 Submit for Final (steps 3 and 4)
Feb. 10 Growth Management Commission, public hearing
Feb. 10 Final-PUD, Cond. Use, Special, Res. Design - P &Z, public hearing
March 10 Final PUD, Growth Mgmt. Exemption - City Council, public hearing
March 15 Submit for building permit
.' May 1 Receive building permit and break ground
There are many requirements in the PUD section of the Code, feel free to call me about
them. Also, if you do decide to hire a consultant, it would be good to have that person
meet with me about the process.
Chris Bendon, City Planning
130 SOLIH GALENA STREET ASPEN, COLORADO 81611 -1975 • PHONE 970.920.5090 F•x 970.920.5439
A• Panted on Recycled Paper
ATTACHMENT 1
LAND USE APPLICATION FORM
Project Name
Project Location
(Indicate street address, lot & block number, legal description where appropriate)
Present Zoning Lot Size
APPLICANT Phone #
Address
• REPRESENTATIVE Phone #
Address
Type of Application (please check all that apply):
'" ❑ Conditional Use ❑ Conceptual PUD ❑ Conceptual Historic Devt.
• ❑ Condominiumization ❑ Final PUD (& PUD Amendment) ❑ Final Historic Development
❑ Design Review Appeal ❑ Conceptual SPA ❑ Minor Historic Devt.
❑ GMQS Allotment ❑ Final SPA (& SPA Amendment) ❑ Historic Demolition
❑ GMQS Exemption ❑ Special Review ❑ Historic Designation
❑ Lot Line Adjustment ❑ Subdivision ❑ Text/Map Amendment
❑ Lot Split ❑ Temporary Use ❑ Other:
❑ ESA - 8040 Greenline, Stream ❑ Small Lodge Conversion/
W Margin, Hallam Lake Bluff, Expansion
Mountain View Plane
Description of Existing Uses (number and type of existing structures; approximate square feet; number of
- bedrooms; any previous approvals granted to the property):
4•
• Description of Development Application:
Have you attached the following ?
• Response to Attachment/ Muumum Submission Contents
• Response to Attachment�Specific Submission Contents
• Response to Attachment A, Review Standards for Your Application
5
ATTACHMENT
DIMENSIONAL REQUIREMENTS FORM
Applicant:
Address:
Zone district
Lot size:
LA Area
Allowable FAR:
Proposed FAR:
Existing net leasable (commercial):
Proposed net leasable (commercial):
Existing % of site coverage:
Proposed % of site coverage:
Existing 14) 'of open space:
Frccosed % of open space:
Existing maximum height: Principai bido: Accescry blda:
Proposed max. height: Principal bido: Accessory bido:
Proposed % of demolition:
Existing number of bedrooms:
Frccosed number of bedrooms:
Existing on -site parking spaces:
On-site parking spaces required:
Setbacks
Existing: Minimum required: Proposed:
Front: Front: Front:
Rear: Rear. Rear.
Comoined Combined Combined
Front/rear_ Front/rear.. Front/rear.
Side: Side: Side:
Side: Side: Side:
Combined Combined Combined
Sices: Sides: Sides:
Existing nonconformities or encroachments:
•
Variations requested:
(HPC has the ability to vary the following requirements: setback., distance between buildings,
FAR bonus of up to 500 sq.ft., site coverage variance up to 5 %, height variations underthe
cottage infill program, parking waivers for residential uses in the R-6, R -15, RMF, CC, and 0
zone districts)
r
ATTACHMENT 3
MINIMUM SUBMISSION REQUIREMENTS
ALL DEVELOPMENT APPLICATIONS
1. 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 behalf of the applicant.
2. The street address and legal description of the parcel on which development is proposed
to occur.
3. A disclosure of ownership 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
r the owner's right to apply for the Development Application.
4. An 8 1/2" x 11" vicinity map locating the subject parcel within the City of Aspen.
5. A site improvement survey including topography and vegetation showing the current
status of the parcel certified by a registered land surveyor, licensed in the State of Colorado.
(This requirement, or any part thereof, may be waived by the Community Development
Department if the project is determined not to warrant a survey document.)
ATTACHMENT 4
Specific Submission Contents
Conditional Use Review
The request a Conditional Use Application shall contain the following items:
1. The general information required in Section 26.52.030.
2. A sketch plan of the site showing existing and proposed features which are relevant
to the review of the conditional use application.
3. If the application involves development of a new structure or expansion or exterior
remodeling of an existing structure, proposed elevations of the structure.
4. Written response to the review standards. F . 4 h
.q,
r1
+li
air
,r
ATTACHMENT 4a
Specific Submission Contents
Conceptual PUD Development Plan
1. Conceptual development plan.
a. Contents of application. The contents of a development application for a
conceptual development plan shall include the following.
(1) The general application information required in Common
Procedures, Section 6 -202;
(2) A conceptual description of the proposed planned unit development
(PUD). This shall include but not be limited to a statement of the
objectives to be achieved by the planned unit development and a
conceptual description of proposed land uses, building heights and
locations, landscaping, open space, natural features, and accessways;
(3) A statement conceptually outlining how the proposed
PUDdevelopment will be served with the appropriate public
facilities, and how assurance will be made that those public facilities
are available to serve the proposed development; and
(4) A conceptual site plan, illustrating:
(a) Existing natural and manmade features.
(b) General configuration of proposed land uses, access ways,
and existing and proposed utilities.
(c) A general landscaping plan and elevations or other
architectural renderings of the proposed improvements,
-- which at a conceptual level, depict general site design
features, building mass and height, and relation to natural
features of the site.
b. Effect of approval of conceptual development plan. Approval of a
conceptual development plan shall not constitute final approval for a
planned unit development (PUD), or permission to proceed with
development. Such approval shall constitute only authorization to proceed
with a development application for a final development plan.
c. Limitation on approval of conceptual development plan. A development
application for a final development plan shall be submitted within one (1)
year of the date of approval of a conceptual development plan. Unless an
extension is granted by the city council, failure to file such an application
within this time period shall render null and void the approval of a
conceptual development plan.
at4a.concept.pud
2
■
ATTACHIIMENT 4
Specific Submission Contents
Exemption from Stream Margin Review By Planning Director
The request for Planning Director approval of an Insubstantial Amendment or Exemption shall
contain the following items:
1. A written description of the existing conditions on the property which are requested
to be altered via the amendment or exemption.
2. Such site plan drawings or elevations as may be necessary to adequately evaluate
the proposed amendment or exemption.
3. A listing of all previous development approvals granted to the property, with the
approximate dates of said approvals.
4. A copy of any recorded document which affects the proposed development,
including but not limited to recorded plats, agreements and deed restrictions. If
changes are proposed to said recorded documents, these should be "red - lined" onto a
copy of the original document.
att4.exemp.stream.pd
ATTACHMENT/
SPECIFIC SUBMISSION REQUIREMENTS
All applications for DRAC review must include the following information:
1. Neighborhood block plan at 1 " =50' (available in the City Engineering
Department). Graphically show the front portions of all existing buildings
on both sides of the block and their setback from the street in feet.
Identify parking and front entry for each building and locate any accessory
dwelling units along the alley. Indicate whether any portions of the
houses immediately adjacent to the subject parcel are one story (only one
living level).
2. Site plan at 1 " =10'. Show ground floors of all buildings on the subject
parcel, as proposed, and footprints of adjacent buildings for a distance of
100' from the side property lines. Show topography of the subject site
with 2' contours.
3. All building elevations, roof and floor plans at 1/8 "= 1'0.
4. A graphic verification that the project meets or does not meet the "Primary
Mass" standard. ,
5. Photographic panorama. Show elevations of all buildings on both sides of
the block, including present condition of the subject property. Label
photos and mount on a presentation board.
6. A written explanation of the requested variance and a discussion of why a
variance would be appropriate and would not compromise the intended
goals of the "Residential Design Standards." The applicant may provide
any offsetting design features that may mitigate impacts of the variance
requested.
r
A Peena K Z
LIST OF PROPERTY OWNERS
WITHIN 300 FEET OF SUBJECT
ASPEN CONSOLIDATED SANITATION DISTRICT
Parcel ID No. 2737 073 00854
This list was compiled by accessing the Pitkin County Assessor's Public Record via the Pitkin
County Assessors' Web Site — Database Search as the records appeared on 1/14/98 and 1/15/98.
Several addresses were not available via the Web Site (approximately 6 names) and those records
were requested via telephone conversation with Angie & Renee of the Assessor's Office (on
1/14/98 and 1/5/98), and the information give to us by the staff was then entered onto this list.
2737073 00012 2737073 00013
John F. Baldwin, Jr. Roaring Fork Ventures LLC
Mrs. St. Andrew Roine 557 N. Mill Street
POB 502 Aspen CO 81611
Aspen CO 81612 -0502
273707300048
2737072 00026 Mill Street Venture
c/oFWMC
Marc & Karen Friedberg POB 1112
POB 8747 Crested Butte CO 81224 -1112
Aspen CO 81612 -8747
2737073 05003
273707300010
Aspen Center for Environmental Studies
Tercero Corporation 100 Puppy Smith Street
Oklahoma Corporation Aspen CO 81611
4400 One Williams Center
Tulsa OK 74172 2737073 00853 Lone Pine Road Right-of-Way
2737073 00859 Aspen Art Museum
2737072 13001 2737073 04851 Electric Switch Station
2737073 03851 Lakewood Addition
Oden & Company 2737073 31851 Jenny Adair Park
POB 660 2737073 52853 Truman Lot 3
Aspen CO 81612 -0660
City of Aspen
2737073 00001 130 S. Galena St.
Aspen CO 81611
Oden Enterprises
c/o Nancy Oden 273707300861
POB 660
Aspen CO 81612 -0660 Mill Street Parcels
Pitkin County
506 E. Main Street
w Aspen CO 81611
2737073 52852 R009231 - 273707354706
2737 073 52 852 (R014175)
011ie Ubrach
United States Postal Service POB 11223
Western Region Aspen CO 81612
San Bruno CA 94099
R009232 - 27307354707
TRUEMAN CENTER
Cyndy A. Reid & Gregory L. Hanle
273707352001 POB 4221
273707352004 Aspen CO 81612 -4221
Trueman Aspen Co., an LP R009233 - 273707354708
94 N. High Street Suite 50
Dublin OH 43017 Brigitte T. Birrfelder
Lone Pine Apts.
LONE PINE TH 0155 Lone Pine Road A -8
Aspen CO 81611
R009226 - 273707354701
R009234 - 273707354709
Jason M. Lasser
POB 8941 Dorothy Ann Sharp
Aspen CO 81612 -8941 0155 Lone Pine Road A -9
Aspen CO 81611
R009227 - 273707354702
R009235 - 273707354710
Gayle A. Godwin
POB 10776 Marilyn K. Foss
Aspen CO 81612 POB 10149
Aspen CO 81612
R009228 - 273707354703
R009236 - 273707354711
Pauline E. Ingram
0155 Lone Pine Road A -3 Blair S. Elliot
Aspen CO 81611 0155 Lone Pine Road A -11
Aspen CO 81611
R009229 - 273707354704
R009237 - 273707354712
Franklin P. Adriance, III
0155 Lone Pine Road A-4 Charles C. Dale & Sandra G. Pena
id Aspen CO 81611 POB 9505
Aspen CO 81612 -9505
R009230 - 273707354705
R009238 - 273707354713
Vitashka Kirshen
0155 Lone Pine Road A -5 James R. Gulley
Aspen CO 81611 POB 2158
Aspen CO 81612 -2158
R009239 - 273707354714 R009247- 273707354722
Anthony R. Bell Mary Katherine Etheridge
POB 449 POB 1462
Aspen CO 81612 -0449 Aspen CO 81612 -1462
R009240 - 273707354715 R009248- 273707354723
Virginia C. Straka Richard Sherman
0155 Lone Pine Road A -15 0155 Lone Pine Road B -3
Aspen CO 81611 Aspen CO 81611
R009241- 273707354716 1(009249 - 273707354724
Della J. Pegolotti & Jack Vickery James Robert Perlmutter
POB 12360 POB 11385
Aspen CO 81612 Aspen CO 81612
R009242 - 273707354717 R009250- 273707354725
Johnie C. Mickles & Perri A. Madison Barbara L. Norris
0155 Lone Pine A -17 POB 1629
Aspen CO 81611 Aspen CO 81612 -1629
R009243- 273707354718 R009251- 27370734726
Peter & Pam Maines Elizabeth Farson
0155 Lone Pine A -18 POB 10602
Aspen CO 81611 Aspen CO 81612
R009244 - 273707354719 R009252 - 27370734727
Thomas R. O'Brien & Dominic C. Lanese Stan Snyder
0155 Lone Pine Road A -19 0155 Lone Pine Road B -7
Aspen CO 81611 Aspen CO 81611
R009245- 273707354720 R009253- 273707354728
Thomas Voorhies Peter J. Platek
POB 619 0155 Lone Pine Road B-4
Aspen CO 81612 -0619 Aspen CO 81611
R009246 - 273707354721 (says Unit 8-1 in R009735 - 273707371001
., records, but mailing address states A -2)
Zuhair H. Fayez
Shirley M. & Paul V. MacDonald c/o Fayez Properties NV
0155 Lone Pine Road A -2 777 29 Street Suite 202
Aspen CO 81611 Boulder CO 80303
4401
R009736 - 273707371002 R009744 - 273707371010
Schultz Living Trust Sam Shamie & Mark Richman, I
Roger & Priscilla Schultz Trustees 26111 W. 14 Mile Road, Ste. LL-4
3849 Paseo Del Campo Franklin MI 48025
Palos Verdes Estates, CA 80274
R009745 - 273707371011
R009737 - 273707371003
Glenn & Carol Center Daly
Synergy Partnership & Eileen Rostad 300 Puppy Smith St, 205 -305
610 E. Hyman Ave. Aspen CO 81611
Aspen CO 81611
R009746 - 273707371012
R009738 - 273707371004
Alexander Garrett 'Caspar
Francis Ginsburg POB 12061
POB 9961 Aspen CO 81612
Aspen CO 8 1612 -9961
COMMON GROUND
R009739 - 273707371005
R014676 through R014696
Jerome D. Ginsberg
c/o Lansco Corp. 273707378701
866 Third Ave., Suite 2800
New York, NY 10022 John R. Wedum
101 Independence Place
R009740 - 273707371006 Aspen CO 81611
John C. Ginn 273707378702
POB 256
Aspen CO 81612 -0256 William Reid & Jaqueline Lee Boughton
102 Independence Place
R009741- 273707371007 Aspen CO 81611
• Trust of Beverly Trupp of 1996 273707378703
887 Red Arrow Trail
Palm Desert CA 92211 Jo-Ann Hall
103 Independence Place
R009742 - 273707371008 Aspen CO 81611
Mrray C. Pitt 27377378704
2000 Town Center Suite 1350
Southfield MI 48075 Dianne L. Garzoli
104 Independence Place
R009743 - 273707371009 Aspen CO 81611
Dr. Morris Barton MD
6245 N. 24t Parkway, Ste. 1005
Phoenix AZ 85016
273707378705 2737078713
Michael David Sladdin Kirk Brunswold & Tammie Lane
205 Independence Place 413 Independence Place
Aspen CO 81611 Aspen CO 81611
73707378706 2737078714
Thomas & Silke Buesch Roya Beklik
206 Independence Place 414 Independence Place
Aspen CO 81611 Aspen CO 81611
273707378707 273707378715
David Michael & Michelle Franklin Michael C. Ireland
207 Independence Place 225 N. Jill St 4203
Aspen CO 81611 Aspen CO 81611
273707378708 273707378716
Beatrice M. Haggerty Marcia L. Goshom
308 Independence Place 516 Independence Place
Aspen CO 81611 Aspen CO 81611
273707378709 273707378717
Richard & Susan De Campo Monika Holmstedt
309 Independence Place POB 1141
Aspen CO 81611 Aspen CO 81612 -1141
273707378710 273707378718
Michael S. & Elaine Johnson Bonds Michele McClinton
310 Independence Place 618 Independence Place
Aspen CO 81611 Aspen CO 81611
273707378711 273707378719
Laurence H. Bielfield Connie Lyn Boguess
311 Independence Place 619 Independence Place
Aspen CO 81611 Aspen CO 81611
273707378712 273707278720
Mark A. Kirch Jon & Mill Bowman
al 412 Independence Place 620 Independence Place
a Aspen CO 81611 Aspen CO 81611
273707378721
Christine A. Hipp
621 Independence Place
Aspen CO 81611
ar
er
02/12/98 12 :00 1$970 925 2537 ACSD rt 0002
A ?ec nu Lx 3
•
Bruce xatherly
Aspen Consolidated Sanitation District
565 ]forth Mill Street
Aspen, Colorado 81611
February 12, 1998
Chris Bendon
Aspen Pitkin Community Development Department
130 South Galena Street
Aspen, Colorado 81611
Re; Aspen Consolidated Sanitation District SPA Plan
Dear Chris:
This letter authorizes Glenn Horn of Davis Horn Incorporated to
submit the Aspen Consolidated Sanitation District SPA Plan and
represent the District in the City of Aspen land use review
process.
Please contact Tom Bracewell at 925 -3601 if you have any questions
pertaining to the land use application.
Thank you.
Sincerely,
kiMx
Bruce /fatherly
Aspen Consolidated Sanitation District
a
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02/12/98 12:00 $970 925 2537 ACSD CaJ 0001
AQP @
ASPEN/P11fl4 COMMUNITYDEVELOPMEWT DEPARTMENT •
•
•
Agreement for PaymentofCity of Aapait DevelopmentAppficattoa Fees
(Please Print Clearly)
CITY OF ASPEN (hereinafter CITY) and - A Size n uci So -rest Sc n TEct...n l7 Sri c-t
(haeira$eAPPLICANT) AGREE AS FOLLOWS: AA
L • APPLICANT as submitted to CITY an application for Ac` t." CQ,s‘sI :1 , 4T641
"' .TK T• w. sTri ct s (L rhereinarte THE PROJECT).
2. APPLICANT unde:stands and agxecs that City of Asven,Ocdioance No. 43 (Series of 1996)
establishes afee structure for Ind use applications and the payment of ail processing fees is a
condition precedent to a de:cminarion of anpiica¢on completeness.
3. APPLICANT and CITY re tat because of the size. nature or scope of to =nosed
project, it is not possible at this time to ascertain the fail extent of the costs involved in processing
the application. APPLICANT and CITY further amee that it is in die interest of the caries to allow
APPLICANT to make payment of an initial deposit and to thereafter pewit atditionai cost to be
billed to APPLICANT on a monthly basis. APPLICANT awes he will be benefited jv re'aining .
gem= cash liquidity and will make additionai payments upon notification by te CITY when they
are nec as costs are Inc red. CITY agrees it will be bete$ted through the e3.M• terrairrty of
_ recovering its full cast to process APPLIC A 4TS applicnon.
4. CITY and APPLICANT furtite+ agree tat it is impracticable for CITY sta to complete
processing or present sufficient information to the Planning Commission and/or City Council ro
enable the Planning Co=tission and/or City Councl to make legally required findings for project
approval. unless current billings are paid in fail prior to decision.
Tneetore. APPLICANT agrees *hat n consideration of the CITTs waiver of its right to
collect full fees prior to a determination of application completeness. APPLICANT %ball pay an
initial deposit in the amount of S which is for hours of Planning staff time, and if
actual recorded cost exceed the initial deposit, APPLICANT shall pay additional monthly billings
to CITY to reimburse the CITY for the processing of -the application mentioned above, including
post approval review. Such peiodic payments shall be made within 30 days of flue billing dace.
° APPLICANT further agrees that failure to pay such awed costs shall be groimds for suspension
of processing.
• • CITY OF ASPEN APPLICANT
•
Signature: ' • u- __)v.
Stan Date: y
Community Development Director Printed Name: ?au. e k
. City of Aspen ?timing Address:
A eS i7 r ie s (.1 n 1- c- tr
•
•
A P Eer.,1,X s
STEWART TITLE OF ASPEN, INC.
OWNERSHIP AND ENCUMBRANCE REPORT -
Order No.: 00024169
PREPARED FOR: ASPEN CONBOLIDATBD SANITATION DISTRICT
STEWART TITLE OF ASPEN, INC.
HEREBY CERUIdES from a search of the books in this ofice that title to:
See Attached Legal Description
situated in the County of Pitkin, State of Colorado, appears to be vested in the name of
ASPEN SANITATION DISTRICT
and that the above described property appears to be subject to the following liens:
1. Right of the proprietor of a vein or lode to extract and remove his ore
therefrom, should the same be found to penetrate or intersect the premises
hereby granted, as reserved In the United States Patent.
2. Easement for sewer granted to Aspen Metropolitan Sanitation District by Aspen
Sanitation District, recorded November 26, 1969 in Book 244 at Page 688 as
Reception No. 138076.
3. Agreement between the Board of County Commissioners of Pitkin County, Colorado
and Aspen Sanitation District, recorded October 2, 1979 in Book 376 at Page 948
.,W as Reception No. 218459.
4. Underground Right-of-Way Easement granted to Holy Cron Electric Association,
Inc. by The Aspen Sanitation District, recorded February 17, 1982 in Book 422
at Page 169 as Reception NO. 239266.
5. License Agreement between Aspen Consolidated Sanitation District and The City
of Aspen, recorded October 17, 1991 in Book 659 at Page 191 as Reception No
337506.
wa
6. Plat entitled Aspen Meter Plant Annexation to the Aspen Metro Sanitation
mw District, recorded February 19, 1981 in Plat Book 11 at Page 12 as Reception
Continued on next page
ms EXCEPT any and all taxes and assessments.
EXCEPT all easements, rights of way, restrictions and reservations of record.
This repon does not reflect any of the following natters:
(1) Bankruptcies which, from date of adjudication of the most recent bankruptcies, antedate the report by more than
fourteen (14) years.
(2) Suits and judgments which, from date of entry, antedate the repon by more than seven (7) years or until the
governing statue of limitations has expired, whichever is the longer period.
(3) Unpaid tax liens which, from date of payment, antedate the report by more than seven years.
Although we believe the facts stated are true, this letter is not to be construed as an abstract of title, nor an opinion
,„ of title, nor a guaranty of title, and it is understood and agreed that Stewart Title of Aspen. Inc., neither assumes,
nor will be charged with any financial obligation or liability whatever on any statement contained herein.
Dated: September 15, 1997 at 7:30 A.M. , at Aspen, Colorado
STEWART TITLE OF ASPEN, INC:
•.^ By:
rued Signature
_Continuation of Ownership and =cumbrance Report
Order =mbar: 00024169
No. 730980.
7. Plat entitled aspen Consolidated Sanitation District Office Expansion and
Vehicle Storage Facility, recorded January 78, 1994 is Plat Book 33 at Page 76
as Reception No. 366300.
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SENT Frnx,rox Tilscopi.r 7020 ;10 2 -97 1 16:53 ; A C. S. D. 970 925 13841; 2
.6 41M1 nano ar. e.r+a.►u ►. rawa a.
.D 1 7 1 66 .
alkiii Beth, Made nth ( IA wd la dowel ow
um ..,y. o ,dewrr d o
+.+. fifty ven µiv LOS! amowIST
Oft ogee At Pitkin ed e.t. d °.Wdks d he Sent pert. end •
ORM SANITATION DISTRICT, duly organised pursuant to Chapter 89,
C. S., 1953 peed litkia .r errdor.
Wr wOerMS. That the old pert d he ent pet, he nth me.e"k..r d See s d , •.Oeiaie,
Y
TES DOLLARS and other Va oo luable considerations" part map ; ben
o r.. pen y p( the Sent Is Intl b .
pert h p the pony R! Lew
..doe ei a.._-: Pd. r • me ..t..d. geld, ..seas d Sees.. . 17 vcsr.
.rw SS S Nee wpm •d oslbmde ete the ski pert y d w.merpertb. s wedath.t.9.w1.d
tern, in the IVA Sew Inters* eta end deeed whoa the meld pert y IMO" a lyK.d
co broad t parcels of Saari . d sm. d odwd., took:
re r �, Goat d ink a ht of Section 7.
i of land within the NW} of the SW}
Township 10 South, Range 84 West, 6th P. M. oiJ the 84
- Commencing at the Southeast oorne e of the P4
of Section 7, Township 10 South Range 84
thence N. 89 0 32 1 West along the South line of said tub -
d a distance of.184.4 ft.;
thence R. 53 ° 35 1 west 335. ft.;
thence N. 10 15 East 100.0 ft.;
thence R. 7 4$1 West 217.0 ft. to true point of beginning
of the tract herein conveyed; ;
thence B. 82"15 West a distance of 303.0 ft. to a point
• 50 ft. easterly measured at right angles from the center lino of
— main track thence 5' 15MWet parrallel and 50 ft. easterly Cc
from center line of main track a distance of about 585 ft. to the
. southerly bank of the Roaring Pork River;
thence easterly and southeasterly along the southerly
Dank of Z7S 7 °e451Riaast 413.00tft. to poin tfof b ginninlg,ser
115 containies more or lss.
however, i to all existting•. emrennts,liOenses, ditches erwis pon P e upon, along,naverpor across the land herein
ditches or others al
above described.
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acknowledged ban a.br .q9 del d Igl.{el.d . a 57
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