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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 'ql1)0 AC-CoriTh 1 i ka En r it - matc �u4n CiG, l�'c,vi,ctl Vic � � V!�� o� 4 f/� ( I (� — Igo 1 (/blue vet is R for -iv, it ty w,r W Yv d:e KIN , 4 bAtityk 4-C( ,���� � iii ovv (irt (ANtkith c; sly - jd sCI God\ - 4 L i & 6,,fi 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) 7 / x . �\. \ \` ii 4 � \\ e j J Is X 17 0 r hl 4 I i _ 0 - - II ` . \ .. III o a C m,� 1 I m t f ?�;> k.: a' r .1 1 1 r I 1� r ill - e 0 ` �� N i II / / /��� \� h � /3 \ ' / �/ r' n I ._— ,. Nr\ \. fir, I \�� N 1 . a:.. _ _ I II ;A Prirtgil a��� _ m 14, , I m a gi , • te O ` 7.- • s�lrag� cne L 111:::•. o- ' IR y �t �K ►meddle 11� E , ice • i g / - O r " an t = - -I=j .•e6 - - o — •O — x 1. Af 1\ 4 1 s ' WARREN 1,. PALMER a 5. miss 0144A.Iip-r . �AriT 1 ARCHITECT a ED In it f10. SILL 41: 9OX767 970097-9142 3 4 1 T Ys: ._r..� 7111P (YY1V 1N lNrfOMt 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 \ ieiJ* Gpy 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 Dear C,r. copy of the request concern housing on Property owned by enclosed d a n response to . please 1 have received employee raised office questions You nitatio this constructing the q 1n {orm ation or assistance distric answers is additional 1 hope t contact us if there feel free t0 Sincerely, we can provide. �� IC -r ,Paula nerzmark Executive Director :bs Enclosu CC: Dwayne Lon9enbau9h r r.�f Denver, Colorado so203 (3031 839-2771 1 471'74 1 `(44(1 - fi l g / f fie Lip t ifi c (;___ .4\4,4., Af€,Th 970 1 3flr \,''Jx \a 41 -'n4 LIT,'C" ; Tv� c1 c tul, / Vt- . 7M,A,,__ 45ciivrAisi t i 1-• r exi filAk ________214r 114044614? it h iiaMn hi0(2 thOttfffilk f vtreet I ado lb P C , pg. 4 4 y e w , . _ _ \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 ci ° D.� • ro C o c, ., la, o a ` c l-b E 3 E_ — a' a v ° o ° ° n` �s .?) Y 3 E E _ . ` > o oo t° a o o a;_ :.` a) a w O , . 4] v C Cl n C " , . b a c .b N >. c 30 I- ,�i. C, c — a) a0 cn � L. 3 4) 0.) ell E II c) O 1 o C L . a) �. , t, L C '-' c . 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C co �,_° v. o 4 4 r 7 c a) ....4 ,_ t ,, U ca C o y a) c ti E t. c C ac In c4.4 a . 0 C r m Q a) 7 a O L cC J p a. .., a .. y �Ew ° � ti v]c0 ti R+ c � « CO c o n ere ;> (�, N G1. U O v 'O . �) E a) v a) a) a) O } ,.` p ; O co c O N C cd `� '�. ' L an.0 g ° C 'L 7 L v, 'D in E I w QU oU5 Tap" cu.- O C Ano et p 3 F - ° ° a ° c > V 1 CO Q 6 C] ao= ci 3 . E 6 b w E a * .E 41122 :10. / N� 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 2 of 2 R 11.00 D 0.00 N 0.00 PITKIN COUNTY CO 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. • 1111111 11111 111111 111111 1111 III 11111111 111 11111 1111 1111 416223 04/29/1998 10:24A RESOLUTI DAVIS SILVI 1 of 4 R 21.00 D 0.00 N 0.00 PITKIN COUNTY CO 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 1 1 1 1 11 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 ME 11111 111111 111111 416223 04/29/1998 10:24A RESOLUTI DAVIS SILVI 2 of 4 R 21.00 D 0.00 N 0.00 PITKIN COUNTY CO 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. 1 1E11 11111 1 11111 111111 1111 111 11111111 111 1111 1 1111 11 11 416223 04/29/1998 10:24A RESOLUTI DAVIS SILVI 3 of 4 R 21.00 D 0.00 N 0.00 PITKIN COUNTY CO 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 • �}{ 1 111111 11111 111111 111111 1111 111 11111111 111 111111111 1111 416223 04/29/1998 10:24A RESOLUTI DAVIS SILVI 4 of 4 R 21.00 D 0.00 N 0.00 PITKIN COUNTY CO 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 1 OF 4 DRAFT 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 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 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 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). 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 • DRCM0598.DOC 40F4 DRAFT 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. 3 717 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 e Paa e 2.1 S •91 J«. Pte, 'Res i, r Carol rkw.04,( Oise- IS 0441- - 4 . d. C Rette+P ireet ke=i , La vid eate, lav, ; I U ntco a+- sZdt. sF P i 'RS letAe. 40 f1 TA9?A. sat-044 eir ',catirea.c, *YI orb ale} - ( id Oe 64,/z7s *vic thuis 4-( - 6 r // n `Grte / K0 f t #'t tg t6art • m thuid - ,H'* 4 emewti' Isi act( cools i•km iitAg Nth be. 4 rw,lvreot w act a(at PWE VIWF afro be yti e • 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 y J 1i/ 8. \ _h. s_6 -f.", 95 ■ T 4 7 / (_ °7Y ,� / v r �� �% 4 • N. • • • T\ . e1' -191 E jqty, � 51,40 �r /5. � -rc. 0,-,..A N �-. " � 2 0 - - - Pia V W 2� *1 . o 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 r * I /J�1 970- 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 r. &-st cW6riAiktilet, � t � GSA \( /C icl vrW fl ) 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 r w r r 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 r r e e +e a 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 r a a r r' M r 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; r 2 r 40 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. a r a • 3 r • ✓ 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. a a a 5 a O ll iii 5„8 an EQ eta tIg e R ',1 ors 9 i F= '` 1181 1, , . ,, PN 1 0." a S : ::: "1 . 1 'C l 1 ' • ---- " to - ,-,- ‘,.. 4, . . ....,„ ,,,,....„,„ , . , , ,„„., , /, 6 � ,i e • /; i i r c i f i i e 4 �<v: ' r gic- // " i f Or �`� � ) 11 ■ i° t I 1 , .. , , ,• ) 'rr ..„...., Q ' �� G8 IL 1jl : .181 i ^ r... i ( 0 k 1 ( \ 6_4\ 0 ' ) ___. - a ' �� €p 4 gX i Wig ai lip eft l ing 11111 J IT. deve loped s1.00 e�U en approved and °i lard use actlonast. tb two empl e follo in the P building wl t Th sub�ect sit foo off ov al f land on th unit squ Area) ae Prfeet of .10 D 6 units planT' op top equate the , VP lq gpA o g e e c devel w 5 aban doned The . and 1 881 emPl B ate d f t pla a 4,1`54 r AKA(/// dell was r S or a en a p prov c l e for e o u Y (�T 1g I site Was r e lY plan tra d ?Areal 1 the pr t i gp (pfo t afa�ilitY pti gable Housing A y lgg6 avers enan mai oval affor exis two addltl ov a l for 9 Ap pr 10 - units- 0 r 1 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. a 8 I y'IVStl9 I O¢d�dW9 ttAdrei 11001 '' NE , A000 . 3 08Z .16 "19t}I 'tI °a O°..� i -cu L9L X0fl TI14� �'J ISO 3ed�alti' 1 H wW I_ ci '` r 13 1- 1t • t* 4 ' f r Oyt-V9 tad n 1 ii �IaN'IVd •'I N3II�IvM • • I a w�N ` 2. 4 ICI it k 1 1 I ,OY/r 'n�'J4Y?'6 ,,r� /, V() 24/014ted — _ �" ' (0•-• i !tuck ' Ib 3 • Ilk -C4 ... T frill/ '3:: b . tot i '. , --.. 1:-...,14 it - Cjii .. • : - -4 - * VP i a • A *te , . , �' � : �i po o l esu in _ie, ` ` . \ / • " ■ arrIk ® Ni iii �� - F - � q $ r S r 14 a II J a• i ` I I III . \ i � I < `k i I I s I l: I L 1 1 1. . 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I T I I 14 III I 3 ♦ ' - ^L c1, n CPI l - , mid �i una pnsdo3uoa 1S acc -rn as 1 • NISI on V Q mta San 6 uopiPPY Scripting pOIIluo�a2sy�[ , oec MPS 1004S 600•01,11J 1011 Urnitavv: wouniom s nub tir«p g ao.M e�pwoO °0�U0°l �ou�Q IIOAI�S po3ePIIo�OD aid it ii; 11111111 i —mond 1 11 : b gog.xe: k li -r r 4 je re ; wit el a t 1 IL " :,... ,. " ,,. . 4 „,. . • • . , ... '4 , - I1,\ • i C 'I 1 h \ :A .... -,...,... kir il lt - 1 t 1 I ; ' / I /r, \ �\ ` J / \ o e i ......... ,.. ._ / ' - '' . el. \ C l 7 ,... a i oe L661 'L '/Oil ?W'L60SYL6 \SM, \SONAWOO \ :0 SSA 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. a 15 a • 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 a NIP 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. y1I 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. w 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 r 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 w 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 a r 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 a a r a a 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. ww 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. a o nn.un..y4 . �yi. r .0 .0„ ,.., t ' Wald the see., Together .kh .11 op( decoke the .Il - - en •d Rai• thgnes/...T i ' d en the sae. dnaR a Sinn .d p(.5 whitens d W meld pen y d es a � • • i. • d , .b !h. only Paper e... boat .d bebop( d tb meld pert y d W god peer. r 7 ` ,. • . . - „ wraps tonne. p p( W bet pert be • .n her heed ..d east t' The meld pen y e } A ya:. „new., t . d . I ._ORAL) • ,. r . e - _ .pd...d h Prememe p( - - h ,MA .'k '=! w. -- -_OR.W o Mill OP N IA +� &s d . T he `ee000t acknowledged ban a.br .q9 del d Igl.{el.d . a 57 by LO2T RINOQUXBT Winer sit bad W .add eel. S••yme -- Neon rend «. a am la S a gs , w �wwwsia w. a ..t me de . w . .essay sol be .Me ens "° — ens a Goble 1 VW Waal - - - - - --- — -- 1 ■ 90. ALPO 1 PO lin° 1 , � � 00❑ 1 ag�s ��❑ ›-iz nrin w * art op z.c.-c) i poop : D . as J I I 1 1 .: