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HomeMy WebLinkAboutLand Use Case.981 King St.0014.2019.ASLUL_J • COMMUNITY DEVELOPMENT CITY OF ASPEN CASE NUMBER 0014.2019.ASLU PROJECT ADDRESS 981 KING STREET PARCELID 273707453004 PLANNER KEVIN RAYES CASE DESCRIPTION APPLICATION FOR MINOR AMENDMENT TO ASTOR SUBDIVISION, LOT 4 REPRESENTATIVE RYAN LEE DATE CLOSED 11/6/2019 CLOSED BY SARA NESTER J Permits 27 3 ! — c % — -*W' —O n z�- :Ile Edit Record Navigate Form Reports Format Tab Help J J J sj J jo �',� �J `i 5 3i -i Main Custom Fields Routing Status I Fee Summary Actions Routing History no ((Ozo (q - Ifts W [ I ° 1 . Qv Jump _ o 6 Permit type aslu Aspen Land Use Permit# 0014.2019.ASLU Address 1991 KING ST Apt/Suite City ASPEN State CO Zp 81e11 Master permit Routing queue aslu 1 Project Status Fending APPLICATION FOR GIINORAMENDMENTTOASTOR SUBC•MSION, LOT 4 Submitted STEEV WILLSON 279.4109 Clock Running Days Submitted via 11 Applied Ou 19 2019 Approved Issued Closed/Final Expires 02,14i2020 O,nvner Last name 981 KING, LLC First name RYAN LEE 981 KING ST ASPEN CO 31611 Phone (4031314-5104 Address Applicant R Owner is applicant? ❑ Contractor is applicant? Last name 981 KING, LLC First name RYAN LEE 981 KING ST Phone (403)314-5104 Cust 31056 Address ASPEN CO 81611 Email Lender Last name First name Phone ( i - Address '.AsoenGold5 rserverl 1 anaelas 1 o 11 /3704 �`i525•00 4b54 � i�un'v"'� Yk55Q.oa C Regular Meeting Aspen City Council July 22, 2019 to a previous council's decision making. For me I would not support keeping the amenity and eliminating the parking. More favorable to maintaining the parking. It is difficult for me to make a decision just based on the applicant's financial hardship. I support parking remaining and the amenity going. Mr. Kraemer said some of the numbers need to be firmed up and we would like the ability to work with the applicant to ensure we have the correct numbers. Mr. True said I understand and think you could amend the ordinance to reflect the determination of the correct net leasable floor area. Section 1 subparagraph E is commercial net leasable. You are not sure that number is accurate. Mr. Kraemer said the approval hones in on the numbers. Staff had 36 numbers, Chris had 38. If we change the 36 to 38 on paragraph c of section 1. On net leasable the square feet keeps moving. I would like to have a buffer in there to migrate 5 to 10 percent as determined by staff. Councilman Hauenstein said I would favor going one floor below for the bathroom and only have 1. Mr. Bendon said there is a question about the occupancy and if 1 is permitted. Mr. Kraemer asked is it alright to just acknowledge the math is correct and figure out that we have the correct numbers prior to council signing. Mr. True said the mechanism needs to be final. Ms. Phelan asked could we say baseline of 38 up to 40. Mr. True replied you could as well as amend the ordinance to say net commercial floor area. You can continue it and come up with the exact numbers. Councilwoman Richards suggested continuing this for tomorrow to approve the ordinance with the correct numbers. Councilwoman Richards moved to suspend the item and move on to the next item and continue at the meeting tomorrow. Seconded by Councilwoman Mullins. All in favor, motion carried ORDINANCE #16, SERIES OF 2019 — 981 King Street — Minor Subdivision Amendment to Remove On -site Affordable Housing Unit Kevin Rayes, community development, said the request is to remove the onsite affordable housing requirement. It is a minor subdivision amendment. APCHA reviewed this in April. Existing conditions — lot 4 of Astor subdivision. Located in R6 zone district. 17,800 square feet. There is a duplex dwelling on site. One side is a deed restricted affordable housing, category 2 unit. It is required to be on the property as prescribed in the original subdivision agreement. The other side of the duplex is the main residence. The request is to remove the affordable housing unit. The property owner is planning on tearing down and building a single family dwelling. He showed photos of existing condition. The history behind the subdivision includes it being annexed into the city in 1971 and originally consisted of 3 lots. In the 70's the subdivision had 2 duplexes on it. Lot 3 was a vacant lot. Around 1980 the owner of the subdivision requested to rezone from R15 to R6. It was a controversial request at the time. Neighbors felt it was inconsistent with neighboring properties. It was Ms. Astor's intention to provide affordable housing on each parcel if she was permitted to increase the density. Ordinance 2 of 1983 completed the rezoning with the condition that permanent employee housing would exist on site. A subdivision agreement was also approved. 2 dwelling units per lot. Occupancy in 3 of 6 units is restricted to low, moderate and middle income occupants. 14 years later an amendment added a 4' lot to the subdivision. In order to add the additional lot, the lot lines were reconfigured and lots renumbered. Part of the approval was a condition that says the new lot also has to provide an affordable housing unit on site. Lot 1 has a category 1 unit on site. Lots 2, 3 and have category 2 units on site. Owner of lot 4 is requesting to remove the onsite affordable housing unit. There are two criteria to consider when removing an onsite affordable housing unit. The amendment responds to issues raised during the original review or addresses an issue that could hot have been reasonably anticipated during the review. Staff finds it is not met. Representations made to council during the subdivision clearly show they had to weigh the option of a community benefit of onsite affordable housing with the potential of rezoning an area inconsistent with surrounding neighborhood. 1979 memo stated intention to develop 3 duplexes and see 50% of these units deed restricted as employee 11 Regular Meeting Aspen City Council July 22, 2019 units. Highly desirable in seeing 3 dwelling units for affordable housing in perpetuity. P&Z recommended approval 5 to 1 to retain employee housing. Criteria 2 states the amendment is consistent with the approved subdivision. Staff finds this is not met. On site affordable housing is included in the original subdivision agreement. Restricts occupancy to APCHA qualified tenant. APCHA recommends council deny the request. Staff requests council deny the request. Received a public comment over the phone from Tony and Kathy Welgos. Hope council deny the request. Affordable housing is difficult enough and we should not be removing it. Negative precedent for properties that have same requirement. Councilwoman Richards said for the affordable housing credit program and the future occupant of the unit, are they renting it or buying half of it. Ms. Phelan replied with the credit how does it currently operate. Typically, the developer will develop the housing voluntarily and put it up for sale at a certain category. The units sell but they get credits based on the number of employees housed per unit. That is what sells on the open market. Councilwoman Richards said she will not support this application for other reasons. There is a point if you allow people to buy off mitigation from an existing unit you are only getting half the value for it. I have a hard time with going against the other recommendations. Applicant Steev Wilson and Ryan Lee, Forum Phi, said we don't agree with staff. Does this address an issue that could not be addressed during initial review. The credit program didn't exist then. We are ok with one unit and one affordable housing unit. We just want to use a credit to mitigate for that. Does it diminish the community benefit. No. We are willing to purchase it. The 1980 unit doesn't meet APCHA criteria now. We could retire this deed restriction in favor of the best thinking we have right now. The credit program delivers fantastic results. Employees should live in town and above grade. They don't here. Other benefits include converting to a modern deed restriction. We would have to deliver the credits prior to demolition. Not sure why it is considered a detriment. The program is doing everything we wanted it to do. APCHA voted against this because they viewed it as a loss of a unit. This supports the credit program and retires a substandard unit. Mayor Torre opened the public comment. There was none. Mayor Torre closed the public comment. Councilman Mesirow said staff has it right. The criteria are set. While supporting the credit program is important, I would like to keep lived in units in town. I'm against the ask. Councilwoman Mullins said you made a good case. I go back to the intent of the previous councils and respect what they were trying to do. I don't want to overturn that. The credit program is great but we need to continue to have options. I support staff recommendation. Councilman Hauenstein said the thing I keep going back to is in perpetuity. The subdivision was created with affordable housing units on site in perpetuity. I support staff recommendation. Councilwoman Richards said I agree the historical research was important. I agree with Ward and in perpetuity. It is also about having diverse neighborhoods and dispersed housing. I think when the property was purchased it was known what the deed restriction was. Giving up the location of this is not a bargain I would be willing to make. Mayor Torre said I agree with council on this. This is kind of a bummer. It is not a win all around. When you get rid of a material unit and trade it for cash or credit it doesn't trade at the same. We are losing actual housing and what we gain is not enough to make up for it. I will support staff recommendation. Mr. True said he requests someone move to deny ordinance #16 based on comments made by council and exhibit A. 12 • C] AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: o� __ ___ 1 l K0, Aspen, CO SCHEDULED PUBLIC HEARING DATE: 20 6 STATE OF COLORADO ) 1 ss. County of Pitkin 1, L i ll i an C y Lre-r (name, please print) being or representing an Applicant to the City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) of the Aspen Land Use Code in the following manner: Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen at least fifteen (15) days prior to the public hearing. A copy of the publication is attached hereto. Posting of notice: By posting of notice, which form was obtained from the Community Development Department, which was made of suitable, waterproof materials, which was not less than twenty-two (22) inches wide and twenty-six (26) inches high, and which was composed of letters not less than one inch in height. Said notice was posted at least fifteen (15) days prior to the public hearing on the _ day of , 20_, to and including the date and time of the public hearing. A photograph of the posted notice (sign) is attached hereto. Mailing of notice. By the mailing of a notice obtained from the Community Development Department, which contains the information described in Section 26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to the public hearing, notice was hand delivered or mailed by first class postage prepaid U.S. mail to all owners of property within three hundred (300) feet of the .property subject to the development application. The names and addresses of property owners shall be those on the current tax records of Pitkin County as they appeared no more than sixty (60) days prior to the date of the public hearing. A copy of the owners and governmental agencies so noticed is attached hereto. Neighborhood Outreach: Applicant attests that neighborhood outreach, summarized and attached, was conducted prior to the first public hearing as required in Section 26.304.035, Neighborhood Outreach. A copy of the neighborhood outreach summary, including the method of public notification and a copy of any documentation that was presented to the public is attached hereto. (continued on next page) 0-0 Ms. C 70 Mineral Estate Owner Notice. By the certified mailing of notice, return receipt requested, to affected mineral estate owners by at least thirty (30) days prior to the date scheduled for the initial public hearing on the application of development. The names and addresses of mineral estate owners shall be those on the current tax records of Pitkin County. At a minimum, Subdivisions, PDs that create more than one lot, and new Planned Developments are subject to this notice requirement. Rezoning or text amendment. Whenever the official zoning district map is in any way to be changed or amended incidental to or as part of a general revision of this Title, or whenever the text of this Title is to be amended, whether such revision be made by repeal of this Title and enactment of a new land use regulation, or otherwise, the requirement of an accurate survey map or other sufficient legal description of, and the notice to and listing of names and addresses of owners of real property in the area of the proposed change shall be waived. However, the proposed zoning map shall be available for public inspection in the planning agency during all business hours for fifteen (15) days prior to the public hearing on such amendments. 4 V��/ 61,1111W Signature ged b ore me this The foregoing "Affidavit of Notice" was arev of O , 20�, by _&*day ry �NOOf/D19a rO�o J1�0 j_m ad.0 Oa1°m QR OA21 Gt ,cn= TmOm 0d00.0 n+0 p8 v�mmC m flo �..r~LYm= WITNESS MY HAND AND OFFICIAL SEAL my3 �w°••mca�'co=���0=>p�w�m = o m�8?N7cm00 S$o' �'� ,"' �o mT My a a m �'^d ym�a m� �� �Ooc y" commission expires: $ ••Q3�°immmv vSC7c��� A?-'. �2 o°c 93;o39c ao SNO fTf N fD- �n N.oO-F.y mm -$m� Nm �ON �yy St1 N O? 3f0 fp 7.� &� -0$ ON ? r ND m ° ���d. aa��NM 4; d �� Notary Pu Ric 3m0-mmm&-D- n 'A c$m ?mao cN yy.' 3 ='m ' m m RENEE ESPINOZA OmON� yS a=p °. MARIA a - NOTARY PUBLIC STATE OF COLORADO ATTACHMENTS AS APPLICAB E: NOTARY ID 20184028029 • COPYOFTHEPUBLICATION MY COMMISSION EXPIRES JULY 10, 2022 • PHOTOGRAPH OF THE POSTED NOTICE (SIG • LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED BY MAIL • APPLICANT CERTIFICATION OF MINERAL ESTATE OWNERS NOTICE AS REQUIRED BY C.R.S. §24-65.5-103.3 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: j wt"" s4 • , Aspen, CO SCHEDULED PUBLIC HEARING DATE: .�� �- `f , 2011 STATE OF COLORADO ) ) ss. County of Pitkin ) I, ` MW 4WM& (name, please print) being or re resen ing an Applicant to the City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) of the Aspen Land Use Code in the following manner: ✓ Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen at least fifteen (15) days prior to the public hearing. A copy of the publication is attached hereto. Posting of notice: By posting of notice, which form was obtained from the Community Development Department, which was made of suitable, waterproof materials, which was not less than twenty-two (22) inches wide and twenty-six (26) inches high, and which was composed of letters not less than one inch in height. Said notice was posted at least fifteen (15) days prior to the public hearing on the day of , 20, to and including the date and time of the public hearing. A photograph of the posted notice (sign) is attached hereto. Mailing of notice. By the mailing of a notice obtained from the Community Development Department, which contains the information described in Section 26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to the public hearing, notice was hand delivered or mailed by first class postage prepaid U.S. mail to all owners of property within three hundred (300) feet of the -property subject to the development application. The names and addresses of property owners shall be those on the current tax records of Pitkin County as they appeared no more than sixty (60) days prior to the date of the public hearing. A copy of the owners and governmental agencies so noticed is attached hereto. Neighborhood Outreach: Applicant attests that neighborhood outreach, summarized and attached, was conducted prior to the first public hearing as required in Section 26.304.035, Neighborhood Outreach. A copy of the neighborhood outreach summary, including the method of public notification and a copy of any documentation that was presented to the public is attached hereto. (continued on next page) • Mineral Estate Owner Notice. By the certified mailing of notice, return receipt requested, to affected mineral estate owners by at least thirty (30) days prior to the date scheduled for the initial public hearing on the application of development. The names and addresses of mineral estate owners shall be those on the current tax records of Pitkin County. At a minimum, Subdivisions, PDs that create more than one lot, and new Planned Developments are subject to this notice requirement. Rezoning or text amendment. Whenever the official zoning district map is in any way to be changed or amended incidental to or as part of a general revision of this Title, or whenever the text of this Title is to be amended, whether such revision be made by repeal of this Title and enactment of a new land use regulation, or otherwise, the requirement of an accurate survey map or other sufficient legal description of, and the notice to and listing of names and addresses of owners of real property in the area of the proposed change shall be waived. However, the proposed zoning map shall be available for public inspection in the planning agency during all business hours for fifteen (15) days prior to the public hearing on such amendments. ignat The foregoing "Affidavit of Notice" was acknowledged before me this `' day of S'.,..t , 20 iq , by %'►/1,P K �e�e NDfICEOFPYMingSt. HEARING AL ggl Hlllg >!!. WITNESS MY HAND AND OFFICIAL SEAL Public Hewing: Monday, June 24, 2019; 5:00 PM Meeting Location: City Hall, Council Chambers 130 S. alena St., Aspen, CO 81611 Project Location: 981 King Street; Legally Described as Lot 4, ASTO SUBDIVISION accord- ing to the First Amended Plat thereof recorded June 28, 1994 in Plat Book 34 at Page 86, Pitkin County, Colorado. Description:An affordable housing unit exists on unit was categorized as a low/moderate-income My commission expires: O�r -S , Zo?2 Notary Public PHILLIP K LEHUE housmg and as part of the 1980 Astor Subdivision Agreement. The owner at 981 King St. is interested NOTARY PUBLIC in redeveloping the site and removing the on -site af- fordable housing requirement through the purchase STATE OF COLORADO of a certificate of affordable housing credit. ATTACHMENTS AS APPLICABLE: NOTARY ID 20184039063 Land Use Reviews Req: Minor Amendment to an Approved Subdivision MY COMMISSION EXPIRES OCTOBER 03, 2022 PUBLICATION Decision Making Body: City Council Applicant: 981 King St. LLC, PO Box 3123 As- r OF THE POSTED NOTICE (SIGN) pen, CO Information: For further information re- 9 More In)WNERS AND GOVERNMENTAL AGENCIES NOTICED lated to the project, contact Kevin Reyes at the City of Aspen Community Development Department, 130 S. Galena St., Aspen, CO, 970.429.2797, kevin.raye s@cityofaspen.com. �RTIFICATION OF MINERAL ESTATE OWNERS NOTICE Pu blished the Aspen Times on May 30, 2019 BY C.R.S. §24-65.5-103.3 Aspen Pitkin County Housing Authority AoPoCoHoA Strengthening Community Through Workforce Housing MEMORANDUM TO: APCHA Board of Directors FROM: Cindy Christensen, Deputy Director THRU: Mike Kosdrosky, Executive Director MEETING DATE: April 17, 2019 RE: 981 King Street Request for Minor Subdivision Amendment regarding an onsite mandatory Category 2 deed restricted unit PROJECT: The applicant for 981 King Street, 981 King St. LLC, request a Minor Amendment to a Subdivision approval for Lot 4, Astor Subdivision. EXISTING CONDITIONS: 981 King Street was an exising residential duplex with one free market home and an attached mandatory one -bedroom Category 2 deed restricted unit. PROPOSAL: The applicant requests removing the Category 2 unit through mitigation via the Employee Housing Credit program. The applicant plans to redevelop the property and does not want to replace the on -site unit. BACKGROUND: On January 1, 2019, APCHA received a land use application from the Community Development Department requesting a Minor Amendment to a Subdivision for the property at 981 King Street. Originally, the property contained three duplexes of which the Astor Subdivision was exempted from growth management in exchange for the deed restriction of the lower units in each of the three duplexes to follow the City's low, moderate and middle -income target households. This requirement was memorialized in the declaration of covenants recorded on May 14, 1980. DISCUSSION: APCHA met with Community Development on April 9, 2019, to discuss the applicant's requests. Both parties agreed that the request is inconsistent with the Land Use Code and conflict with broader community goals related to employee housing. According to Community Development, the proposed lot split in 1994 was contentious. The community recognized the opportunity to add lower category units in a location that was close to downtown which could help retain the diversity of dwelling units in the neighborhood. Their solution was to require an onsite, mandatory occupancy affordable housing unit. Page 1 1 Staff finds no reason(s) to support reversing the mandatory onsite mitigation unit without a convincing justification and recommends that the replacement unit be brought into conformity to today's standards (size, amenities, etc.) when the site is redeveloped. The unit at 981 King Street is currently out of compliance relating to the following issues: 1. A deed restriction was never recorded on the property, a requirement of the development; 2. There currently is not a qualified tenant in the unit; 3. There currently is no lease for the unit; 4. Previous rental rate was too high The category of the unit was in question based on the absence of a recorded deed restriction. Staff researched the project and are confident that the unit should be a Category 2 one - bedroom. Without a copy of an executed lease, APCHA cannot formally approve occupancy, nor can we verify if the owner had been charging a Category 2 rent. RECOMMENDATION: APCHA suggests the Board recommend denial for the proposal to the City Council based on the non-compliance issues stated above, as well as the unlikelihood of approval of a removal of the employee dwelling unit with mitigation through the Affordable Housing Credit Program, based on previous recommendations; i.e., 955 and 985 King Street. Page 12 • eo , i 0 t I CITY OF ASPEN Land Use Application Determination of Completeness Date: January 22, 2019 Dear City of Aspen Land Use Review Applicant, We have received your land use application for 981 King Street, Minor Amendment to a Subdivision and have reviewed it for completeness (and not compliance). Your Land Use Application is complete: Please submit the following to begin the land use review process. 1) Digital pdf of the entire application (via thumb drive, emailed files, or file sharing) 2) Review deposit of $5,525 (Planning hours to be billed hourly). 3) One additional hard copy of the application. Other submission items may be requested throughout the review process as deemed necessary by the Community Development Department. Please contact me at 429-2759 if you have any questions. Thank You Ben Anderson, Planner City of Aspen, Community Development Department For Office Use Only: Mineral Rights Notice Required Yes No GMQS Allotments Yes No_ _ Qualifying Applications: New PD Subdivision, or PD (creating more than 1 additional lot) Residential Affordable Housing Commercial E.P.F. Lodging 130 South Galena Street Aspen, CO 8161 -1975 1 P: 970.920.5000 1 F: 970.920.5197 1 cityofaspen.com City of Aspen: Jessica Garrow, AICP Community Development Director City Use: Fees Due: $ Received $ Case # Agreement to Pay Application Fees An agreement between the City of Aspen ("City") and Address of Property: 981 KING ST, ASPEN, CO 81611 Property Owner Name: 981 KING ST LLC Billing Name and Address - Send Bills to: 715 W MAIN ST. SUITE 204, ASPEN, CO 81611 Contact info for billing: e-mail: Please type or print in all caps Representative Name (if different from Property Owner) FORUM PHI RLEE®FORUMPHI.COM Phone: (405) 314-5104 I understand that the City has adopted, via Ordinance No. 30, Series of 2017, review fees for Land Use applications and payment of these fees is a condition precedent to determining application completeness. I understand that as the property owner that I am responsible for paying all fees for this development application. For flat fees and referral fees: I agree to pay the following fees for the services indicated. I understand that these flat fees are non-refundable. $ $4,550 flat fee for PLANNING $, flat fee for $.$975 flat fee for APCHA Referral $, flat fee for For Deposit cases only: The City and I understand that because of the size, nature or scope of the proposed project, it is not possible at this time to know the full extent or total costs involved in processing the application. I understand that additional costs over and above the deposit may accrue. I understand and agree that it is impracticable for City staff to complete processing, review and presentation of sufficient information to enable legally required findings to be made for project consideration, unless invoices are paid in full. The City and I understand and agree that invoices mailed by the City to the above listed billing address and not returned to the City shall be considered by the City as being received by me. I agree to remit payment within 30 days of presentation of an invoice by the City for such services. I have read, understood, and agree to the Land Use Review Fee Policy including consequences for no -payment. I agree to pay the following initial deposit amounts for the specified hours of staff time. I understand that payment of a deposit does not render and application complete or compliant with approval criteria. If actual recorded costs exceed the initial deposit, I agree to pay additional monthly billings to the City to reimburse the City for the processing of my application at the hourly rates hereinafter stated. $ deposit for hours of Community Development Department staff time. Additional time above the deposit amount will be billed at $325.00 per hour. $ deposit for hours of Engineering Department staff time. Additional time above the deposit amount will be billed at $325.00 per L. Signature: �� PRINT Name: y �e- Title: Oyir41"fUe gr—P LAND USE APPLICATION Project Name and Address: 981 KING ST, ASPEN, CO 81611 Parcel ID # (REQUIRED) 273-707-453-004 APPLICANT: Name: 981 KING ST LLC Address: PO BOX 3123 ASPEN, CO 81612 Phone #: email: REPRESENTIVATIVE: Name: RYAN LEE Address: 715 W MAIN ST. SUITE 204 ASPEN, CO 81611 Phone#: (405) 314-5104 email: RLEE@FORUMPHI.COM Description: Existing and Proposed Conditions The property located at 981 King St is an existing residence. We are seeking an administrative determination for the front yard lot line to understand where the front, side, and rear setbacks are located on the property. Review: Administrative or Board Review Required Land Use Review(s): Growth Management Quota System (GMQS) required fields: Net Leasable square footage Lodge Pillows Free Market dwelling units Affordable Housing dwelling units Essential Public Facility square footage Have you included the following? FEES DUE: $ 0 Pre -Application Conference Summary 0 Signed Fee Agreement 0 HOA Compliance form 177 All Items listed in checklist on PreApplication Conference Summary • 0 Homeowner Association Compliance Policy All land use applications within the City of Aspen are required to include a Homeowner Association Compliance Form (this form) certifying the scope of work included in the land use application complies with all applicable covenants and homeowner association policies. The certification must be signed by the property owner or Attorney representing the property owner. Property Name: JEFFREY SHOAF Owner (" 1: Email: JEFFREYSHOAFOME.COM Phone No.: (970) 925-4501 Address of 981 KING ST, ASPEN, CO 81611 Property: (subject of application) I certify as follows: (pick one) ❑ This property is not subject to a homeowners association or other form of private covenant. ZI This property is subject to a homeowners association or private covenant and the improvements proposed in this land use application do not require approval by the homeowners association or covenant beneficiary. ❑ This property is subject to a homeowners association or private Covenant and the improvements proposed in this land use application have been approved by the homeowners association or covenant beneficiary. I understand this policy and I understand the City of Aspen does not interpret, enforce, or manage the applicability, meaning or effect of private covenants or homeowner association rules or bylaws. I understand that this docume Owner signature: date: 3 l� Owner printed name: JEFF Y S OAF or, Attorney signature: date: Attorney printed name: FORUM PHI 1 981 King St — Minor Amendment to Subdivision Agreement Extinguishing 1.75 FTEs - Affordable Housing Credits and APCHA Guidelines Date: 2019-01-15 Applicant: Forum Phi, on Behalf of, Client: 981 King St LLC Client Address: 981 King St, Aspen, CO Aspen Pitkin County Housing Authority 210 East Hyman Avenue, Suite 202 Aspen, Colorado 81611 Re: 981 King St, Aspen CO, Parcel #: 273-707-453-004 Dear Director, The owner of 981 King St would like to apply for a minor amendment to the Subdivision Agreement for the Astor Subdivision to allow Lot 4 to make use of the Employee Housing Credit Program as an alternative means of meeting the Affordable Housing requirement described in section 3 of the Subdivision Agreement. The regulations and requirements of APCHA and the Employee Housing Program have been changed, modified, and updated as part of the normal course of code evolution; at the time when this subdivision was written, the code did not contemplate the existence of a Credit Program which we would like to amend and include as an option for Lot 4. The affordable housing unit that is currently located on the subject property has been confirmed by APCHA to be in compliance with the deed restriction and has a perfect record of compliance since it's creation. It was originally classified as a moderate -income housing unit, which was updated by resolution to Category 2. The current standards which regulate Affordable Housing would require the applicant to extinguish 1.75 Category 2 Affordable Housing Credits to offset the value of the existing Unit. This has been confirmed by Staff and is accepted by The Applicant. The original Deed Restricted unit located at 981 King St was categorized as a low/moderate-income housing unit per Section 3 of the 1980 Astor Subdivision Agreement. Owner agrees to deed restrict three (3) out of the total six (6) dwelling units in the subdivision so that the restricted units shall be used and occupied solely by low, moderate and middle -income individuals as defined by Housing Income -Eligibility Guidelines established by the City Council of the City of Aspen within the provisions of Section 24-10.4(b)(3). EXHIBIT A Through various amendments and resolutions, the employee housing unit is now categorized as a Category 2 unit by the Resolution No 49 Series 2000. Prior to issuance of a Certificate of Occupancy or Certificate of Completion for the Category 2 employee unit, a member of the Aspen/Pitkin County Housing Authority shall inspect the unit to determine if the unit complies with the representations made in the application, Housing Guidelines, and prior land use approvals for this property. EXHIBIT B This Unit was created as required by the code at the time, and then made available for qualified renters as a result of the above agreements and resolutions. It has been occupied and in compliance since its creation, and as it was updated in 2000, continues to be in compliance with APCHA's updated standards. APCHA Compliance letter. EXHIBIT C forumphi.com I p. 970.279.4109 1 f. 866.770.5585 Aspen: 715 W. Main St, #204 Aspen, CO 81611 Basalt: 104 Midland Ave, #202 Basalt, CO 81621 The Affordable Housing unit located at 981 King St was constructed per the requirements for low, moderate and middle -income individuals based on guidelines and standards from 1980 at the time of the Subdivision Agreement, which is a 500 square foot 1 Bedroom Unit. Comparing this to the current standards which prescribe 500 SF for a Studio or, 700 SF for a 1 Bedroom Unit; we find that the current unit is substandard for the size of a 1 Bedroom Unit by nearly 30%, or approximately 0.5 of an FTE's deficient based on the generation rate for a 500 SF Studio. See APCHA's current rules and regulations, located on Table VI within APCHA's 2018 Guidelines. Being defined as a category 2 unit by APCHAs current standards, it must be at least 700 square feet per Table V1, Minimum Net livable square feet for affordable housing. EXHIBIT D The unit at 981 King St is not creating Bonus FAR for the existing structure and its removal would not create a non -conformity with the single-family FAR as calculated in the current code. Existing FAR of 2,901 SF. Allowable FAR per 26.710.040 is 3,954 SF, including Net Lot Reductions for steep slopes. EXHIBIT E & EXHIBIT F The request for the inclusion of use of Affordable Housing Credits as a means of mitigation for Lot 4 of the Astor Subdivision would allow a unit which has always been in compliance to be converted to an already approved, constructed, and occupied unit which meets all of the current APCHA guidelines for a modern Employee Housing Unit. This would support the Credit Program through the purchase of 1.75 FTE's in order to replace a substandard unit with one of a higher value. The intent of the Applicant is to redevelop the property with a new single-family home. The guidelines would require the replacement of the same substandard unit which would require 24 to 36 months to become available for rent based on the timeline for construction and approval. The use of Credits would fill the need for affordable housing before any development occurs, effectively eliminating the gap between demolition and move -in, while simultaneously increasing the value of the unit to that of a modern APCHA approved size and quality. The applicant has met with APCHA to look for alternative methods in lieu of Credits: Unit Buy Downs: There are only 5 qualified units suitable for buy down, all of which are located in Hunter Creek. There is no ability to create a Cat-2 unit through buy downs within the code, so this method is not open to the applicant as an option for mitigation. Free Market Designation: The possibility of deed restricting a free market unit lead to a discussion on the complications associated with Home Owner Associations, inflated dues, and exorbitant maintenance fees, all of which a category 2 renter simply could not afford. As a result, APCHA indicated they were not interested in this method of mitigation, and so this option also is not available to the applicant. Based on the above there are two options for continued compliance. The first option is to reconstruct the required substandard unit after years of vacancy during construction. The second option is to support the APCHA Credit Program by extinguishing, 1.75 Cat-2 Credits, which replaces a substandard unit with a superior modern unit meeting all the current standards, that will not suffer from years of vacancy during construction. The applicant requests a Minor Amendment to the Astor Subdivision Agreement be granted for Lot 4 to allow for use of Affordable Housing Credits. We believe that the Credit Program is successful, and that supporting the program will help our community to deliver housing for employees in front of the need which creates it. Please allow us to have access to this Program. Thank you for your consideration in this matter. We look forward to your recommendation. Aspen: 715 W. Main St, #204 Aspen, CO 81611 Basalt: 104 Midland Ave, #202 Basalt, CO 81621 EN 0 • Attachments: EXHIBIT A - Excerpt from Astor Subdivision Agreement EXHIBIT B - Resolution No 49 Series 2000 - Category 2 determination EXHIBIT C - APCHA Table VI - One Bedroom Square Footage Requirements EXHIBIT D - APCHA Compliance letter - Don't have this yet EXHIBIT E - Chart of Allowable and Existing FAR EXHIBIT F - Improvement Survey showing Steep Slopes Aspen: 715 W. Main St, #204 Aspen, CO 81611 Basalt: 104 Midland Ave, #202 Basalt, CO 81621 EXHIBIT A iAG,1853 to the receipt of growth management approval and allotment as such is defined and regulated by the City Code. 3.. Owner agrees -to deed restrict three (3) out of the total six (6) dwelling units in the subdivision so that the restricted units shall be used and occupied solely by low, moderate acid miAhie income - individuals as defined by Housing Income -Eligibility duidelifies established by the City Council'of the City of Aspen within the provi6ion'd of Sedti6n 24-10.4 (b) (3) of the Municipal Code of the City of Adpen. Jk 4. The:coVehants and agreements of the owner her6ih shall be deemed covenants that run with the land, shall burden the -larid-'inoldd6d within the ;subdivision i"and -shaU bind and be specifically enforceable against all present and subsequent 2, irinterest, owners thereof, including the owner, I rs in n t6reSt. its successors grantees and assigns. 5. On execution of this agicement by all parties hereto and receipt by -the City of Appidotiate-ked'otdifig fe66i the . -City agrees to approve and execute theFinalPlat and ti) authorize the recording of the same in the real property records. Y_ in Pitkin County, Colorado. 6. Owner agrees.to enter into a sidewalk, curb and gutter improvement district'in the eventoneis formed. IN WITNESS WHER90F,.the parties have executed -this -the'daj and year first above written. to CITY OF ASPEN crk BY Kerman 5del Mayor C. L. ASTOR & 'C0­ Byt (Ge Car a: Astor Generai'Piftfiei. -2- M tB .. I . .. . I,IJ .'i iNbl d EXHIBIT B A RESOLUTION OF THE DESIGN REVIEW APPEAL COMMITTEE APPROVING A VARIANCE OF THE SECONDARY MASS RESIDENTIAL DESIGN STANDARD FOR A PARCEL LOCATED AT 981 KING STREET, LOT 4, ASTOR SUBDIVISION, CITY OF ASPEN, COLORADO. Parcel ID # 2737-074-53-004 Resolution No. 49, Series of 2000 WHEREAS the applicant, Jeffrey Shoo represented by Mark Hesselshwerdt, has requested a variance from the secondary mass Residential Design Standard, Land Use Code Section 26.410.040, for the property located at 981 King Street, Lot 4, Astor Subdivision; and, WHEREAS all applications for appeal from the Residential Design Standards of Section 26.410.040 must meet one of the following criteria in order for the Design Review Appeal Committee or other decision making administrative body to grant an exception, namely the proposal must: a) yield greater compliance with the goals of the Aspen Area Community Plan; b) more effectively address the issue or problem a given standard or provision responds to; or c) be clearly necessary for reasons of fairness related to unusual site specific constraints, and WHEREAS the Planning Staff, in a report dated October 17, 2000, recommended approval of the variance for secondary mass Residential Design Standard finding that Criteria B has been met; and, WHEREAS a public hearing, which was legally noticed, was held at a regular meeting of the Design Review Appeal Committee on October 17, 2000, at which the Committee considered and approved the variance from the secondary mass standard, by a vote of three to two (4-0). NOW, THEREFORE, BE IT RESOLVED by the Design Review Appeal Committee: That the Residential Design Standard variance for secondary mass, Section 26.410.040, is approved for a duplex at 981 King Street, Lot 4, Astor Subdivision, Aspen, Colorado with the following conditions: Conditions of Approval 1. All prior City of Aspen approvals shall remain in full force and effect. 2. The building permit application shall include: a. A copy of the final recorded Aspen Planning and Zoning Commission resolution. b. The conditions of approval printed on the cover page of the building permit set. IIII�NS SILVI �YN�IBI�IMIMNVIMIR�II�NR 0 ;i , " "" "" i'"a", '' 0 c. A current Site Improvement Survey indicating the nature of all easements of record indicated on the property title commitment. d. An illustrative site plan of the project showing the proposed improvements, landscaping, parking, and the dimensional requirements as approved. e. A drawing representing the project's architectural character. . f. A drainage plan, including an erosion control plan, prepared by a Colorado licensed Civil Engineer which maintains sediment and debris on -site during and after construction. If a ground recharge system is required, a soil percolation report will be required to correctly size the facility. A 2-year storm frequency should be used in designing any drainage improvements. g. A completed tap permit for service with the Aspen Consolidated Sanitation District. The existing residential improvements located on the subject property are currently serviced by the District. Fees must be paid prior to the issuance of building permits. Service is contingent upon compliance with the District's rules, regulations, and specifications. h. A tree removal permit as required by the City Parks Department and any approval from the Parks Department Director for off -site replacement or mitigation of removed trees, if necessary. A completed curb, gutter, and sidewalk agreement. i. A completed agreement to join any future improvement districts formed for the purpose of constructing improvements in adjacent public rights -of -way. 2. The building permit plans shall reflect/indicate: a. Conformance with all aspects of the City's Residential Design Standards, unless variances have been granted. b. The dwelling units meet all applicable UBC requirements for light and air. c. An overhang shall cover each units' entrance designed to prevent snow and ice from falling on, or building -up on, the entrance. Snowmelt may also be used to prevent snow and ice from falling on, or building -up on, the entrance to each unit. d. A fire suppression system approved by the Aspen Fire Marshal. 3. Prior to issuance of a building permit: a. The primary. contractor shall submit a letter to the Community Development Director stating that the conditions of approval have been read and understood. b. All tap fees, impacts fees, and building permit fees shall be paid. If an alternative agreement to delay payment of the Water Tap and/or Parks Impact fee is finalized, those fees shall be payable according to the agreement. 4. No excavation or storage of dirt or material shall occur within tree driplines. 5. All construction vehicles, materials, and debris shall be maintained on -site and not within public rights -of -way unless specifically approved by the Director of the Streets Department. All vehicle parking, including contractors' and their employees', shall abide by the 2 hour residential parking limitation of the area. The applicant shall inform the contractor of this condition. I IGNI III Iful II I III 1111111111111111111 IN IN • I NI�1 IM•iN:Ni II 6. The applicant shall abide by all noise ordinances. Construction activity is limited to the hours between 7 a.m. and 7 p.m. 7. Prior to issuance of a Certificate of Occupancy or Certificate of Completion for the Category 2 employee unit, a member of the Aspen/Pitkin County Housing Authority shall inspect the unit to determine if the unit complies with the representations made in the application, Housing Guidelines, and prior land use approvals for this property. The Applicant shall abide by the deed restriction for the deed restricted employee unit, which requires that it be occupied year around. 8. The applicant shall not track mud onto City streets during construction. A washed rock or other style mud rack must be installed during construction. 9. The applicant should provide separate utility taps and meters for each residential unit. 10. 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. Meter locations must be accessible for reading and may not be obstructed. 11. 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. 12. 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 COMMITTEE at its regular meeting on the 17th clay of October, 2000. APPROVED AS TO FORM: E::l -- City—Attorney ATTEST: DESIGN REVIEW APPEAL COMMITTEE: Chair � - *4k, Vly lerk I IIII�! II111111f11 111111 IN OF 11111111111111101 IN 44MO 12/27/2000 04:01P RESowTZ ORVIS SILVI 3 of 3 R 15.00 0 0.00 N 0.00 PITKIN COUNTY CO EXHIBIT C TABLE VI MINIMUM NET LIVABLE SQUARE FEET (SF) FOR AFFORDABLE HOUSING Per Unit Size (standardized) Unit Size Studio 1-Bedroom 2-Bedroom 3-Bedroom Single -Family Detached Minimum Square Footage 500 700 900 1,200 1,500 TABLE VH APCHA MITIGATION STANDARDS Per Unit Size Unit Type Occupancy Standard Dormitory/Lodge per 150 sq. ft. mitigates for 1.00 employee Studio units mitigate for 1.25 employees One -bedroom units mitigate for 1.75 employees Two -bedroom units mitigate for 2.25 employees Three -bedroom units mitigate for 3.00 employees Four or more bedrooms mitigate by adding an additional .5 employee per bedroom APCHA Employee Housing Guidelines May 2018 Page 118 • EXHIBIT D • Asp" MW County Housing Authority A*P,oC*H*A 210 E. Hymen, Suits 202 • Aspen, CO 01611 970.920.5050 • www.asehod= Strengthening Community Through Workforce Housing October 26, 2018 Via E Mail Ryan Lee, Project Manager Forum Phi RE: Compliance Resolution Dear Mr. Lee Thank you for providing the lease for the Employee Dwelling Unit at 981 King Street, Aspen. This brings the unit into compliance with the APCHA Guidelines. Please let me know if you have any questions. Sincerely, Julie lieffer Qualifications Specialist • 11 ::4:ll:]id=1 Allowable Floor Area 981 King St a'to9rAtw. _. Allowable Floor Area for Single -Family Residence' 13,893 SF -9,000 SF - 9,000-15,000 Net Lot Area (Square Feet): = 4,893 3,660 square feet of floor area, plus 6 square feet of floor area (4,893/100) = 48.93 for each additional 100 square feet In Net Lot Area, up to a (48.93 x 6) - 293.68 maximum of 3660 square feet of floor area. 293.58 + 3,660 . 3,953.58 SF Allowable ' Total external floor area for multiple detached residential dwellings FAR on one (1) lot shall not exceed the floor area allowed for one(1) duplex. Net Lot Area:13,893 SF Allowable FAR: 3,952.58 SF 26.710.040 Garage Exemption First 250 sq it exempt Next 251-500 sq it to exiude 50% of area Table 26.575.020-2 Deck Exemption 16% of 3,953.68 allowable floor area per R-6 = 593.04 SF Atrat. Lower Level 744.00 1744.00 Pitkin County Assessor Main Level 2,157.00 12,157.00 PUN County Assessor Garage pocated on Mein LeveQ 240.00 1240.00 1 Pitkin County Assessor 77 77777777771 NOTE: No additional FAR calculated due to the presence of an ADU. Not Lol AMU Min. Gross Lot Area (per MU) 6,000 sq It 26.710.040 Min. Net Lot Area (per MU) 4,500 sq R (detached residential dwelling)1 4,500 sq it (duplex) 26.710.040 Reductions for area with slopes 0%-20% (100% of parcel area to be included in Net Lot Area) 0.00 Total Area with slopes 20%-30% 1922.00 Reductions for area with slopes 20%-30% (50% of parcel area to be included in Net Lot Area) 961.00 Total Area with slopes greater than 30% 2955.00 Reductions for area with slopes greater than 30% (0% of parcel area to be Included In Net Lot Area) 2955,00 -7777 Gross Lot Area 17809.00 J ,...�..,f ALTA Commitment for Title Insurance .k L� �L r �+s�T++��'sf� L'jm1` tAmencan Tide ISSUED BY - First American Title Insurance Company Exhibit A File No.: 18004088 The Land referred to herein below is situated in the County of Pitkin, State of Colorado, and is described as follows: Lot 4, ASTOR SUBDIVISION, according to the First Amended Plat thereof recorded June 28, 1994 in Plat Book 34 at Page 86, Pitkin County, Colorado. Form 5000000-EX (7-1-14) Page 11 of 14 Exhibit A / LOr1 FIRST AMENDED PLAT ASTOR SUBDMSION PLAT BOOK 34 PAGE HIS y 4T / JIG" N40 /� RS SIT£ B£NC}( MARK ! iONND REAR a � / RED PLtSRC 1 u LT1f12, L.or 2 LEVAnoN:7„s:, yAo1TJs / s66s3Z�Fzp FI?ZSr AMENDED PLAT 20 o ASTOR SUBDIVISION 1 A223 N`GE 56 �/ \ 2 o9 PLAT BOOK 34 PAGE 86 \ FauuoxeeAx a \ /\ uDvwrsc \ A l r I / (• I \\ 1 IODND RE6NR6 TITIAN GJ OWNER Ws\/ 1 /—��—� JzyT. THOMA5 D ISAAC REV TRUST SZ.09. PARCEL NO. 273707400023 PARCEL 3 - BOUNDARY LINE PLAT PLAT BOOK 13 PAGE 35 / \ 793 so'WIMESS C—It / SETRFE3.—IA'eL9F I.asTlc w TM: RLTJa2u WC COMSR 04ERJNMD PokRR ltM A%0IIRNTEATFMEI,17 K SLOPES IMPROVEMENT & TOPOGRAPHIC SURVEY LOT 4 - FIRST AMENDED PLAT, ASTOR SUBDIVISION SECTION 7, TOWNSHIP 10 SOUTH, RANGE 85 WEST OF THE 6TH PM CITY OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO / / / / / / �OY1ND REAR 6 / '•Trtmvw'nc ulfla \\� T J7EP5 V , / 2s JL�5� .WQ / PKRMTREO ROOF LINE NEIGILT ELEVA^TIN:,O,7957.20 (NaW29)7RY CNAVD� 7962.5,j. ON 52 REG2pRNO. M33 77E.7� fyRAaJa / / / MULTI - LEVEL %/ WOOD Fr STONE HOUSE Fr GARAGE Y / 981 KING STREEF ASPEN - COLORADO \ / 7939 ` / N� \ 1VOOD 1TRNDGE 45IEP5 7'd� a8 \\ 0% TO 20% (12,932E SQ.FT.) 20% TO 30% (L922E SQ.FT.) 30%&GREATER R.955z SQ.FT.) 100' SETBACK FROM — i( ON WATER LINE OF THE ROARING FORK RIVER OWNER MARCELLA DECRAY TRUST PARCEL NO. 273707*00025 PARCEL 5 - BOUNDARY LINE PUT PLAT'SOOK 13 PAGE 35 THE SUBJECT PROPERTY UES WITH ZONE X AREAS DETERMINED TO BE OUTSIDE SIX) YEAR -YEAR ROOD PLAIN, ACCORDING TO RMA FLOOD INSURANCE RATE MAP, COMMUNITY PANEL NO. OOMCO2M C WITH AN EFFECTIVE DATE OF JUNE 4, 1987, LOr 3 FIRSTAMENDED PLAT ASTOR SUBDIVISION PLAr BOOK 34 PAGE 86 0 ~- �FAOLLY G lqpp REFERENCE LINE •'1 ` \ ,.. REC'EPnON NO. 445232 - ��:_: LOT 4 17,809± SQ.Fr. 0.409± AC. / / A POND 811111,E11 / / vumc�uv Tuc nssa:Is CONTRAIL (jARRISH PARK, �pb�� i C ` \ \ � � i {/ A A•n ITr� �. `POSSIDLE� �EXwRON IIOOK226BOOK293 -- FOUND I•eW ALIlIWIW T 0 �• �IIaIIAnII�IINrllr Im LEGEND ELECIWGL METER I® GAS METER Q CLFANIUDT I SPLIT -RATE FENCE I—LIE 1 a (9VERFLFAD ELECTRIC LINE N 4 0 S• 30 20 SCALE: 1 10' SCALE: 1• = 500' nDYMnc DrY7 vriMniFc. MODERATE -DENSITY RESIDENTIAL (R-6) CITY OF ASPEN LAND USE REGULATIONS 26710.(MO SETBACIE • FRONT YARD PRINCIPAL BUILDINGS: 10 FEET. ACCESSORY BUILDINGS. 15 FEET • REAR YARD PRIMCM BUILDINGS 10 FEET, FOR PORTION Of A PRINCIPAL BUILDING USED SOLELY AS A GARAGE 5 FEET, ACCESSORY BLR D RIGS 5 FEET • SIDE YARD MINIMUM IS FEEL FOR EACH SIDE YARD, TOTAL FOR BOTH SIDE YARDS 35 FEET, PLUS 1 FOOT FOR EACH ADDITIONAL 400 SQUARE FEET OF GROSS LOT AREA, TO A MA)MMUM OF 50 FEET OF TOTAL SIDE YARD. • MAXIMUM HEIGHT: 25 FEET PROPERTY DESCRIPTION: LOT 4 —OR SUBDIVISION, ACCORDING TO THE FIRST AMENDED PLAT THEREOF RECORDED RUNE 2L 1994IN PUT BOOK 34 AT PAGE 86. COUNTY OF PDIRIN STATE OF COLORADO SURVEY NOTES: • BASE OF BEARINGS FOR THIS SURVEY E A BEARING OF S66•ZIWE ALONG THE NORTHEASTERLY PROPERTY UNE BETWEEN A FOUND REIMS AND 1• RED PLASTIC CAPS LS16129 AS SHOWN HEREON. • DATE OF FIELD SURVEY: MARCH Z 2018, LOCATED HIGH WATER NINE FOR SETBACK IULY 9. 2018. • LINEAR UNITS USED TO PERFORM THE SURVEY WERE U.S. SURVEY FEET. • THE SURVEY E BASED ON THE FIRST AMENDED PUT OF ASTOR SUBDIVISION RECORDED TUNE 28. 1994IN PUT BOOK 34 AT PAGE 86 AS RECEPTION NO. 371571 AND CORNERS FOUND IN PLACE AS SHOWN HEREON. • THE IMPROVEMENT SURVEY PUT DOES NOT CONSTITUTE A TIRE SEARCH BY TRUE NORTH COLORADO, LLC FOR ALL INFORMATION REGARDING EASEMENT, RIGHTS -OF -WAY AND/OR TITLE OF RECORD, TRUE NORTH COLORADO. LLC RELIED UPON TIRE COMMITMENT NO. Q62009463 ISSUED BY LAND TITLE GUARANTEE COMPANY. EFFECTIVE DATE MAY 24. 2018. • BEARINGS AND DISTANCES SHOWN HEREON ARE BASED ON FlELD MEASUREMENTS. BEARINGS AND DISTANCES SHOWN IN PARENTHESIS ARE OF RECORD SHOWN ON THE FIRST AMENDED PUT OF ASTOR SUBDMSION RECORDED )UNE 28. 1994 IN PUT BOOK M AT PAGE 86 AS RECEPTION NO. 371571. • ELEVATIONS SHOWN HEREON ARE BASED ON NORTH AMERICAN VERTICAL DATUM OF 1988 (NAVD BB REFERENCED FROM NATIONAL GEODETIC SURVEY (NGS) STATION Q159 HAVING AN ELEVATION OF 791198 • OUTING CONTOUR INTERVAL EQUALS 1 FOOT. • THIS PROPERTY E SUBJECT TO DECIMATION OF COVENANTS AND RFSTIUCTIONS RECORDED JULY 7, 2000 AS RECEPTION NO. 445231 SURVEYOR'S CERTIFICATION L RODNEY P. KISER HEREBY CERTIFY TO DAVIT) ESKENAZI THAT THIS IS AN -IMPROVEMENT SURVEY PLAT- AS DEFINED BY CAS.38-SI-102(9) AND THAT IT IS A MONUMENTED LAND SURVEY SHOWING THE LOCATION OF ALL STRUCTURES, VIBE UTIMES, FENCES, HEDGES. OR WAILS SITUATED ON THE DESCRIBED PARCEL AND WITHIN FIVE FEET OF ALL BOUNDARIES OF SUCH PARCEL, ANY CONFLICTING BOUNDARY EVIDENCE OR VISIBLE ENCROACHMENTS, AND ALL PUTTED EASEMENTS RODNEY P. KISER LICENSED PROFESSIONAL LAND SURVEYOR COLORADO REGISTRATION NO. 39215 TRUEELNORTH ADO — A LAND SURVEYING AND MAPPING COMPANY 4 DAVID ESKENAZI IMPROVEMENT & TOPOGRAPHIC SURVEY LOT 4 - FIRST AMENDED PLAT ASTOR SUBDIVISION CITY OF ASPEN - COUNTY OF PITKIN - STATE OF COLORADO TRUE NORTH COLORADO LLC. OO LICEA. A LAND SURVEYING AND MAPPING COMPANY r•...........S6. 1118 BENNETT AVENUE PK •;O GLENWOOD SPRINGS, COLORADO 81601 v:o� -P* to (970) 945-1105 3821`'�4 WwW,Truenorthcolando.com of y 'I.1 n DRAWN t PROJECT NO: 201E-218 RPK SHEET DATE: jULY Io, 2o18 I 5URVLYED I OF J LDV • 0 CITY OF ASPEN PRE -APPLICATION CONFERENCE SUMMARY PLANNER: Ben Anderson, 429.2765 DATE: 2.23.18 PROJECT: Minor Amendment to Astor Subdivision, Lot 4 - 981 King Street REPRESENTATIVE: Steev Wilson, Forum Phi; 970.279.4109 DESCRIPTION: The applicant would like to pursue amending the approval for the Subdivision and Subdivision agreement (Reception number: 223991) for the Astor Subdivision to allow the removal of an existing employee dwelling unit (EDU) on Lot 4 (981 King Street). Astor Subdivision was initially established as a three lot subdivision and further amended to add an additional lot. Both approvals required the establishment of employee dwelling units for the lots in the subdivision (one per lot to a total of four for the subdivision). The subdivision agreement only describes these units as for "low, moderate and middle income" employees. Interestingly, the unit at 981 King Street was never formally bound by a deed restriction. The other three employee housing units in the Astor Subdivision continue to have deed restrictions placed on them — two are restricted at Category 2 and one is restricted as Category 1. The Pre -application assumes that the employee unit at 981 King is one bedroom — as employee units from this era were required to be a minimum of one bedroom, but this needs to be verified. Additionally, based on initial understanding of the history of this unit, it appears that the unit is a Category 2 unit, but again, Planning Staff will work with APCHA to verify the Category of the unit. Assuming this is a one bedroom, Category 2 unit, the removal of the unit (if approved) would require one of the following methods to provide affordable housing mitigation: • Extinguishing Affordable Housing Credits for 1.75 FTE, Category 2 employees to remove the on -site EDU, or • Provision of a fee -in -lieu payment to mitigate for 1.75 FTE, Category 2 (would require approval by Council), or • Provision of an equivalent deed -restricted off -site unit (also known as a buy down unit), acceptable to APCHA. One last item will need to be verified. While this is a large lot, the allowable floor area for a single family residence will need to be established to ensure that a conversion from a duplex to a single family residence will not cause a non -conformity in terms of Floor Area. The review before City Council will be for a Minor Amendment to a Subdivision. Prior to City Council review, the request will be referred to APCHA for a recommendation from their Board on the request to remove the unit. A public hearing with City Council will be scheduled once APCHA's Board has issued a recommendation. The applicant should be aware that two other properties in this subdivision have pursued changes to these employee housing units. In 2011, an application to remove the unit at 985 King Street was withdrawn prior to Council review. A 2017 Application to raise the Category of the unit at 955 King Street is currently on hold following a recommendation of denial from APCHA's Board. Relevant Land Use Code Section(s): 26.304 Common Development Review Procedures 26.480.090.0 Subdivision Amendments 26.470.050.D Employees Housed, GMQS 26.470.110.0 Provision of required affordable housing via a fee -in -lieu payment Review By: 1) Staff for complete application and recommendation. 2) APCHA Staff and Board for recommendation to City Council 3) City Council for decision on Minor Subdivision Amendment Public Hearing: Yes, City Council Planning Fees: $4,550 Deposit for 14 hours of Planning Staff time. Additional staff time is billed at $325 / hour. Referral Fees APCHA, $975 Total Deposit: $5,525.00 To apply, submit the following information ❑ Completed Land Use Application and signed fee agreement. ❑ Pre -application Conference Summary (this document). ❑ Street address and legal description of the parcel on which development is proposed to occur, consisting of a current (no older than 6 months) certificate from a title insurance company, an ownership and encumbrance report, 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. ❑ Applicant's name, address and telephone number in a letter signed by the applicant that states the name, address and telephone number of the representative authorized to act on behalf of the applicant. ❑ HOA Compliance form (Attached) ❑ 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 and relevant land use approvals associated with the property. ❑ Written responses to all review criteria. ❑ An 81/2" by I vicinity map locating the parcel within the City of Aspen. ❑ List of adjacent property owners within 300' for public hearing. If the copy is deemed complete by staff, the following items will then need to be submitted: ❑ . 1 digital PDF copy of the complete application packet. ❑ Total deposit for review of the application. 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.