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HomeMy WebLinkAboutagenda.council.regular.20150713 CITY COUNCIL AGENDA July 13, 2015 5:00 PM I. Call to Order II. Roll Call III. Scheduled Public Appearances IV. Citizens Comments & Petitions (Time for any citizen to address Council on issues NOT scheduled for a public hearing. Please limit your comments to 3 minutes) V. Special Orders of the Day a) Councilmembers' and Mayor's Comments b) Agenda Deletions and Additions c) City Manager's Comments d) Board Reports VI. Notice of Call up a) Notice of call-up: 100 So. Spring St., P&Z Commercial Design Approval VII. Consent Calendar a) Minutes - May 4, June 8 & 22, 2015 b) Board Appointments c) Approved Amendments to the Aspen/Pitkin Employee Housing Guidelines VIII. First Reading of Ordinances a) Ordinance #24, Series of 2015 - Castle Ridge Planned Development Amendment b) Ordinance #25, Series of 2015 - CC and C-1 Zone Districts Code Amendment c) Ordinance #26, Series of 2015 - Obermeyer Place Rezoning IX. Public Hearings a) Resolution #72 , Series of 2015 - Land Use Code Reliance Policy Resolution b) Ordinance #22, Series 2015 - Hutton Lot Split (725 Cemetery Lane) c) Ordinance #21, Series of 2015 -Gibson Matchless Subdivision X. Action Items a) Call-up of HPC approval: 223 E. Hallam Street b) Resolution #71, Series of 2015 - Setting Public Hearing for Annexation of 705 West Hopkins c) Executive Session - 24-6-402.(4)(b)-Conferences with an attorney. XI. Adjournment Next Regular Meeting July 27, 2015 COUNCIL’S ADOPTED GUIDELINES • Invite the Community to Participate with Us in Solution-Making • Tone and Tenor Matter • Remember Where We’re Living and Why We’re Here COUNCIL SCHEDULES A 15 MINUTE DINNER BREAK APPROXIMATELY 7 P.M. MEMORANDUM TO: Mayor Skadron and Aspen City Council FROM: Justin Barker, Planner RE: Notice of P&Z approval of consolidated Commercial Design Review for 100 S. Spring Street, P&Z Resolution #11, Series of 2015 MEETING DATE: July 13, 2015 BACKGROUND: On June 16, 2015, the Planning & Zoning Commission approved consolidated Commercial Design Review for a project at 100 S. Spring Street. The existing development on the 3,000 square foot property is a commercial building that ranges from 1-3 stories that contains an affordable housing unit. The proposal is to renovate the existing building, reducing the commercial net leasable area and updating the exterior materials. The only massing changes to the building include minor changes to roof height in the middle of the building and carving out a second story balcony along the alley. Drawings representing the approval are attached as Exhibit A. P&Z minutes are attached as Exhibit B, and the approved P&Z Resolution is attached as Exhibit C. The board approved the project by a 6-0 vote. PROCEDURE : This is not a public hearing and no staff or applicant presentation will be made at the July 13 th Council meeting. If you have any questions about the project, please contact the staff planner, Justin Barker, 429-2797 or justin.barker@cityofaspen.com. Pursuant to Section 26.412.040(B), City Council has the option of exercising the Call Up provisions outlined in Section 26.412.040(B) within 15 days of notification on the regular agenda. For this application, City Council may vote to Call Up the project at their July 13 th meeting. If City Council does not exercise the Call Up provision, the P&Z Resolution shall stand. ATTACHMENTS : Exhibit A: P&Z Approved Design Exhibit B: P&Z Minutes – May 26, 2015 & June 16, 2015 Exhibit C: P&Z Resolution #11, Series of 2015 P1 VI.a Exhibit A P2 VI.a West Elevation South Elevation North Elevation East Elevation P3 VI.a Proposed Materials P4 VI.a Regular Meeting Planning & Zoning Commission Keith Goode, Vice-Chair, called the Planning & Zoning Commission (P&Z) meeting to order at 4:30 PM with members, Jasmine Tygre, Stan Gibbs, Skippy Mesirow, and Kelly McNicholas. Also present from City staff; Debbie Quinn, Jennifer Phelan, Sara Nadolny and Justin Barker. COMMISSIONER COMMENTS There were no comments. STAFF COMMENTS: There were no comments. PUBLIC COMMENTS: There were no comments. MINUTES May 19, 2015 Minutes – Ms. Tygre moved to approve the minutes, seconded by Mr. Gibbs. All in favor, motion carried. DECLARATION OF CONFLICT OF INTEREST There were none expressed. 100 S Spring St, Growth Management and Commercial Design Review Mr. Goode asked if notice had been appropriately provided. Ms. Quinn stated she has received two affidavits of public notice, one for the publication and one for the posting and mailing. The affidavits were provided as Exhibit A. Mr. Goode opened the public hearing for the 100 S Spring St and turned the floor over to staff. Mr. Barker, Planner with the Community Development Department, reviewed the application to P&Z. The application is a Growth Management Review to relocate the existing affordable housing unit on site and a Commercial Design Review to remodel the existing structure. The application is submitted by 100 South Spring Street LLC and represented by Davis Horn, LLC. The property is located at Main and Spring Streets. It is a 3,000 sf lot with mixed use zoning. The current structures include a 3,131 sf commercial building on the property which varies from one to three stories and includes a 400 sf affordable housing rental unit. The property is currently non-conforming in regards to the north and west setbacks as well as the commercial floor area which was previously granted as a bonus by City Council to allow for the extra floor area in exchange for the on-site affordable housing unit. It is also nonconforming in regards to parking which requires three spaces which were never provided. The affordable housing unit was waived of its parking requirement in the same approval as the bonus floor area. Page 1 May 26, 2015 EXHIBIT BP5 VI.a Regular Meeting Planning & Zoning Commission May 26, 2015 The proposal is to remodel the commercial space, relocate the affordable housing unit from the south side of the structure to the north side facing Main St, provide compliant parking for the net leasable area, improve the public amenity space and install new materials and finishes for the building exterior. The demolition and relocation of the affordable housing unit requires a Growth Management Review. The applicant proposes to keep the unit as a rental unit. The Aspen Pitkin County Housing Authority (APCHA) has reviewed the proposal and recommends approval as rental unit with a condition of this being forced as a for sale unit if it is out of compliance for a year. The application also requires a Commercial Design Review. The Community Development Department has authorized the application to go thru a consolidated review to combine the conceptual and final review since what is typically reviewed at the final review including the exterior materials is included in this review. In regards to the Commercial Design Review, the property is located in the central mixed use character area which is primarily two to three story residential buildings with a few commercial buildings as well. The main design objectives are identified on p 8 of the packet. The mass generally remains the same. There is some change in the height in the middle of the building with a portion going higher and portion going lower. There is also a carved out area in the back of the building for a new second floor terrace. The proposed materials are zinc and cedar. Staff is recommending to have the colors of the materials more closely match in color to appear as a one designed project instead of two separate ones linked together. They also recommend the zinc to be patinated to reduce reflective glare from the material. Staff is also recommending removal of the sliding zinc doors that would cover the glass openings on the first floor on Spring St as they may eliminate the interaction between the public and private realm and the activation of the building with the street. The public amenity space is a dramatic improvement as to what is currently available, so Staff is comfortable with the proposal. The current nonconformities may be maintained. The parking proposal is a mixture of two spaces on-site and cash-in-lieu to satisfy the remaining fraction of a space. The affordable housing parking space originally waived can be maintained as nonexistent since the building is not being demolished. For the utility and recycle/trash area, they are proposing to abandon the existing transformer and utilize one across the alley. The Utilities Department is comfortable with this proposed change. The recycle/trash area is smaller than what is required by the Environmental Health Department but they have tentatively agreed to a special review for a smaller area given the nature of the property and proposed use. Overall Staff is recommending approval of both reviews with the conditions listed in the resolutions. Mr. Barker did note the title of the second resolution on p 15 should reflect the Commercial Design Review Page 2 P6 VI.a Regular Meeting Planning & Zoning Commission May 26, 2015 instead of the Growth Management Review. Mr. Barker explained there will be two resolutions because the Commercial Design Review cannot be consolidated with Growth Management Review in order to comply with the code. Mr. Goode asked if there were any questions for Staff. Mr. Mesirow asked if they are eliminating outdoor park spaces. Mr. Barker stated the three to four current spaces off the alley are not compliant with code in regards to dimensions. One is actually in the right-of-way which is not permitted. The applicant is trying to bring them into compliance. Ms. McNicholas asked if the new construction is taller than the current building at any point. Mr. Barker pointed out a window on the second story will be taller, but it will not increase the height of the building. Ms. McNicholas asked if the document received via email earlier in the day would be addressed. Ms. Quinn stated the applicant representative is planning to address it. Ms. McNicholas then asked if APCHA had time to review and comment on the document at which Mr. Barker replied they have not had time yet. Mr. Mesirow wanted to clarify none of the current building is subject to historical preservation at which Mr. Barker replied no. Mr. Goode then turned the floor over to the applicant. Mr. Glenn Horn, Davis Horn Inc, represents the applicant and is joined by Mr. David Johnston of David Johnston Architects who is the local architect of record. The designers, Selldorf Architects, are out of New York and not present at the meeting. Mr. Horn stated Marianne Boesky is the owner of the building. She owns a gallery in New York and would like to open one here in Aspen. She has had a place here for years and is excited about opening a gallery in Aspen. Mr. Johnston reviewed the design of the structure which will consist of a gallery / artist space along with a residential component. He indicated on a slide demonstrating where the residential unit would be moved. Inside the building, they would be removing the second story. The project will reduce the current amount of commercial space. The project includes a two car garage on the back and there will be an extension on the back near the alley to include a deck/patio space. The upper floor will become a conference room with a bathroom and a small bar. The building has an increase in the upper middle area and a decrease in the same area for an overall wash on net area. He recognized the cabin structure near Main St. has historic components and they wanted to go back to cedar siding on the cabin in a grey tone to match the metal siding on the other portion of the building. He also felt they may not use zinc, but may use a silver or chrome painted surface that will not be shiny. They have no issue with the conditions of the approval. New York had proposed the metal doors for a thermal break at night but they have no issue to remove them. Page 3 P7 VI.a Regular Meeting Planning & Zoning Commission May 26, 2015 They looked at keeping a parking space on the corner by the alley but it would be in the right of way, so it will be a green space instead. One component they are adding is the public amenity patio space on the side of the building. Mr. Goode asked the commission for questions of the applicant. Mr. Gibbs asked about the use of the space on the first floor where the windows are located. Mr. Johnston stated currently there is a garden level, second floor and a third floor. They will maintain the third floor, eliminate the second floor and bring the garden level up to street level. Mr. Horn then covered the issue with the affordable housing unit. Regarding the history of the unit, he stated in 1979 Neil Ross and Brian Goodheim obtained a land use approval in a special review approving a bonus on their floor area in exchange for providing affordable housing. The unit was restricted to a moderate income unit which relates to a category two or three. The applicant is proposing to renovate the building and relocate the affordable housing unit from the alley side to the Main St side. The assessor’s record shows the miner’s cabin on Main St was built in 1888 and does not have any historic elements. The owner has offered to make the unit a category two instead of a category three. The decreases for the change are explained on p 72 of the agenda packet. APCHA was uncomfortable making this a rental unit because it is harder for them to manage a single unit vs a complex of units. They would prefer single units to be a for sale unit. The Growth Management Review was triggered only because the applicant wants to move the affordable unit to the other side of the building which requires an update the deed restriction. The owner wants it to be a rental unit for an employee of the gallery and has difficulty with it possibly becoming a for sale unit. APCHA wants to make it a for sale unit if it is out of compliance for a year. A proposed change was drafted after meeting with APCHA. Currently the proposed changes states if the unit is out of compliance for 15 days, the owner may request a hearing regarding the noncompliance. If 15 days passes without a hearing or a request for a hearing, the owner will pay a fine of $500 per day until the unit is rented and compliant with the deed restriction. If it is out of compliance for a period of six months, APCHA would have the capability to place a qualified person or family in the unit that complies with the category two guidelines. There would be no for sale under this proposal. In summary, they would move the unit from one side of the building to the other, renovate the 35 year old unit and change the deed restriction from a category three to a category two. The applicant feels this type of the unit diversifies the rental stock. They understand the potential enforcement issue and hope the proposed agreement would be sufficient for noncompliance. Mr. Mesirow asked what the initial proposal from APCHA was regarding the compliance. Mr. Horn stated the initial proposal specified if the unit was out of compliance for a year, then it would become a for sale unit. Mr. Mesirow didn’t feel it should be difficult to keep the unit rented, so he asked why the owner is concerned. Mr. Horn stated the owner has philosophical objections of having a for sale under any circumstances. She stated it would be unacceptable and in lieu of is it is prepared to pay a substantial fine. Page 4 P8 VI.a Regular Meeting Planning & Zoning Commission May 26, 2015 Ms. Tygre asked how she would feel about having APCHA place a renter in the unit. Mr. Horn stated the owner is comfortable with that approach. Ms. Tygre asked Mr. Horn to confirm the agreement language in packet does not match what Mr. Horn provided verbally during the meeting at which he confirmed was accurate. He was providing the latest information from communications with the owner during the day. Mr. Horn submitted a letter reviewing the owner’s position as Exhibit B. His discussion in the meeting included updates to the letter provided. Mr. Goode asked Staff who would be in charge of monitoring the unit for compliance. Mr. Barker stated it would be APCHA and would be clarified in the deed restriction. Mr. Mesirow asked if the latest agreement language had been reviewed with APCHA which Mr. Horn stated they had not spoken with Staff or APCHA yet. He added they had been in discussions with the County and City attorneys. Mr. Gibbs asked Mr. Barker for the definition of ‘in compliance’. Ms. Phelan stated APCHA would specify this in the deed restriction. Ms. Quinn stated the deed restriction would require APCHA to give notice of any violation to the owner. The owner would then have 15 days to request a hearing. If the owner chose not to request a hearing or if the hearing was held and it was determined to be not in compliance, then the fines would begin at that time. Ms. McNicholas asked Staff if their recommendation would change based on the proposed changes. Mr. Barker stated it would be based on what is in the memo at this time since there has not been time to review the proposed changes. Mr. Goode then opened for public comment. There was no public comment. Mr. Goode closed the public comment portion of the meeting. Mr. Goode then opened for commissioner discussion. Ms. Tygre does not have any problems with the application itself and feels it would be an improvement except for the deed restriction which she feel the language should be reviewed by APCHA prior to making a decision. Ms. Quinn asked if she is recommending a continuance until a new recommendation from APCHA with proposed language from APCHA. Ms. Tygre concurred. Ms. Phelan added it would be helpful to hear from the commission regarding the design. Ms. Tygre stated she would not prefer the zinc doors, but does not care about the materials as long as they are not reflective. Mr. Gibbs agreed with Ms. Tygre. He feels he does not have justification to override APCHA’s policies just because someone has philosophical objections. If APCHA could review the new language and feel it was adequate, he would agree with application. Ms. McNicholas stated she was prepared to approve the application until she heard the new information. She feels the building provides more public amenity and is in line with the character area and feels it will be a benefit to the community. She is not sure how she feels about the zinc doors. She is sympathetic to the owner, but understands APCHA may have challenges with the enforcement. She Page 5 P9 VI.a Regular Meeting Planning & Zoning Commission May 26, 2015 would support a continuance until more details could be made available regarding APCHA’s review of the latest language. Mr. Goode loves the design, but is in agreement with the other commissioners. He feels the zinc doors may help the gallery space inside. He would also like APCHA to review the latest language. Mr. Gibbs asked if the doors would prevent light pollution. Mr. Johnston stated it was a secondary consideration. The designers stressed thermal properties first. Mr. Gibbs feels both are good issues and suggested they be part of the application. Ms. Phelan stated they have to be careful with a building that looks and acts as a commercial space. She suggested the windows could be glazed for the same purposes as presented which is typical in commercial buildings. Mr. Mesirow feels overall the design is really nice. The structure itself and the activation of the streetscape. Regarding the doors, he does not feel they need to be removed. He concurs with the other commissioners regarding the housing unit. He can’t imagine a situation where the owner could not rent the unit for a year. He is happy they are meeting the parking requirements for the project, but is not sure it is best to encourage applicants to be taking 800 sf of space out of a building for parking. Ms. Phelan suggested a continuance date of June 16th to allow APCHA to review and discuss the proposed language changes. Mr. Horn stated he has a conflict on the 16th so it may need to be rescheduled for a later date. Ms. Phelan stated it could be set for that date, but pushed back if necessary. Ms. Tygre motioned to continue the hearing for June 16th, seconded by Ms. McNicholas seconded. All in favor, motion carried. Mr. Goode closed the public hearing. Page 6 P10 VI.a Regular Meeting Planning & Zoning Commission Ryan Walterscheid, Chair, called the Planning & Zoning Commission (P&Z) meeting to order at 4:30 PM with members, Skippy Mesirow, Kelly McNicholas, Jasmine Tygre, Brian McNellis, Keith Goode, and Ryan Walterscheid. Also present from City staff; Debbie Quinn, Jennifer Phelan and Justin Barker. COMMISSIONER COMMENTS There were no comments. STAFF COMMENTS: There were no comments. PUBLIC COMMENTS: There were no comments. MINUTES The draft minutes for May 26th were discussed. Several corrections and a clarification was requested. The minutes will be updated and presented at the next meeting. DECLARATION OF CONFLICT OF INTEREST There were no conflicts expressed. 100 S Spring St – Growth Management and Commercial Design Review – Continued from May 26, 2015 Mr. Walterscheid asked if public notice had been provided. Ms. Quinn stated notice had been provided at the May 26th hearing. Mr. Barker, Community Development Planner Technician, opened with a review of the application. The application is proposing a remodel of the structure including exterior materials and a relocation of the affordable housing unit from the south side to the north side of the building. The application requires a growth management review and a commercial design review. At the May 26th meeting the commission felt mostly comfortable with the design of the building as well as the relocation of the housing unit, but the applicant had presented last-minute amendments regarding the deed restriction of the property as to what would happen if the unit was out of compliance. The commission wanted the Aspen\Pitkin County Affordable Housing Authority (APCHA) to have time to review the proposed changes prior to moving forward with a motion. Since the meeting, APCHA has reviewed the proposed amendments and recommended in favor of all the proposed amendments. Staff is still recommending for approval with the restrictions as presented in the draft resolution. 1 June 16, 2015 P11 VI.a Regular Meeting Planning & Zoning Commission June 16, 2015 Ms. Quinn wanted to clarify the restriction as specified on p 20 of the packet. She stated the changes make it consistent with existing APCHA policies other than forcing the sale of the unit. Mr. Walterscheid asked if there were any questions of Staff. There were none. Mr. Walterscheid turned the floor over to the applicant. Mr. David Johnston of David Johnston Architects represented the applicant. He stated they are comfortable with the language presented and asked P&Z if they had any further questions. Mr. Walterscheid was not in attendance at the previous meeting, but had reviewed the materials and feels he has an understanding of the application. Mr. McNellis asked Ms. Quinn if there was a way APCHA could verify the unit is in compliance with a renter. Ms. Quinn stated it is APCHA’s standard procedure for a tenant to qualify for the unit. Right now the owner gets to pick the tenant, but the tenant would still be qualified through APCHA. If the unit is vacant for a period of 45 days, then APCHA can place a qualified tenant in the unit. Mr. McNellis is concerned the unit may go unoccupied. Ms. Quinn replied there is a standard procedure in the deed restriction which allows APCHA to inspect the unit with proper notice. Ms. McNicholas asked if the commission had finalized the inclusion of the zinc doors. Mr. Barker replied the original language presented by Staff still remains in the resolution because the commission had not provided a direction regarding the zinc doors. Ms. McNicholas stated her position has changed since the previous meeting. After further thought, she agrees with Staff’s recommendation that the doors not be allowed on the building. Mr. Johnston stated from the applicant’s perspective, they are not challenging the removal of the doors. The applicant assumed they would not be included in the design and will not be challenging Staff’s recommendation. Mr. Mesirow thought the design including the doors was cohesive, but is okay if they are removed. Mr. Walterscheid asked for public comment. There was none so he closed that portion of the hearing. Mr. Walterscheid opened for discussion to discuss any possible modifications to the resolution. Ms. Tygre motioned to approve Resolution 10, Series 2015 first for the growth management review and then approve Resolution 11, Series 2015 for the commercial design review concerning 100 S. Spring St. Mr. Goode seconded the motion. Ms. Tygre, yes; Mr. Goode, yes; Mr. Mesirow, yes; Mr. McNellis, yes; Ms. McNicholas, yes, Mr. Walterscheid, yes. The motion passed with a six to zero (6-0) vote. Mr. Walterscheid then closed the hearing. 2 P12 VI.a EXHIBIT C P13 VI.a P14 VI.a P15 VI.a P16 VI.a Regular Meeting Aspen City Council May 5, 2015 1 SCHEDULED PUBLIC APPEARANCES .................................................................................................. 2 CITIZENS COMMENTS & PETITIONS .................................................................................................... 2 COUNCILMEMBERS’ AND MAYOR’S COMMENTS ........................................................................... 2 CITY MANAGER COMMENTS ................................................................................................................ 2 HPC CALL UPS ........................................................................................................................................... 2 CONSENT CALENDAR ............................................................................................................................. 2 Resolution #46, Series of 2015 – Street Department Dump Truck Replacement ................................. 3 Resolution #48, Series of 2015 – Proposed Use of Reudi Water for the 15 Mile Reach and the First Draft of the Colorado Water Plan ................................................................................................................. 3 Solid Waste Assessment ....................................................................................................................... 3 Resolution #50, Series of 2015 – Library Lease of Old Power House ................................................. 3 ORDINANCE #19, SERIES OF 2015 – 300 AND 312 E Hyman Ave – Subdivision ................................ 3 ORDINANCE #11, SERIES OF 2015 – Public Projects Code Amendment................................................ 4 ORDINANCE #13, SERIES OF 2015 – HPC Work session Code Amendment ......................................... 5 ORDINANCE #16, SERIES OF 2015 – Ranger Station Subdivision, Lots 4&5, Growth Management Allotments ..................................................................................................................................................... 6 ORDINANCE #17, SERIES OF 2015 – 119 Neale Avenue Subdivision Amendment and Transferable Development Rights ...................................................................................................................................... 8 P17 VII.a Regular Meeting Aspen City Council May 5, 2015 2 Mayor Skadron called the regular meeting to order at 5:00pm with Councilmembers Mullins, Romero and Frisch present. SCHEDULED PUBLIC APPEARANCES Richard Pryor and Linda Consuegra, police, introduced the four new police officers Seth Delgrasso, Andriano Minniti, Duxton Milam, and Josh Uhernik. Mayor Skadron swore in the new police officers. Aspen Police Appreciation Week is May 10-16. Mayor Skadron read the proclamation. CITIZENS COMMENTS & PETITIONS 1. Marcia Goshorn commented on the proposed maintenance building for Wagner Park. She said it will be 40 feet long an 11 feet tall. She suggested the public notice sign be moved to somewhere the public can see it. COUNCILMEMBERS’ AND MAYOR’S COMMENTS 1. Mayor Skadron said it is election eve, please vote if you haven’t already. CITY MANAGER COMMENTS 1. Steve Barwick thanked the public for their patience on some of the City projects that have been going on. We will be asking for that patience again with the Rubey Park project. Durant Street is closed now through the end of May. HPC CALL UPS 609 W. Smuggler Chris Bendon introduced Sarah Rosenberg. Council elected not to call up the application. CONSENT CALENDAR Resolution #48 – Proposed Use of Ruedi Water for the 15 Mile Reach and the First Draft of the Colorado Water Plan Councilwoman Mullins asked about the first paragraph of the letter where it says undefined amount of water and undefined number of years. She asked for a time limit and a number of years. Debbie Quinn, assistant city attorney, said the proposal is not fully defined and the lease is being negotiated. One of the issues the City and County has is it is undefined. Dave Hornbacher, utilities, said they are working towards a one year pilot program. Councilwoman Mullins asked about the IPPS in the second letter. Mr. Hornbacher said it is a general term for identified projects and processes. Resolution #50 – Library Lease of Old Power House Jeff Pendarvis, asset, said they were approached by Jody and Cathy about using the Old Power House for the library during the construction project. Jody Smith, county facility superintendent, said the request is to start the lease on June 1 st for six months. Councilman Frisch said we are trying to turn over the building as soon as possible will one month make a difference. Jack Wheeler, asset, said there are two projects happening this summer. They would have to come back and ask for any extension. The summer improvements are arranged for in the lease. Councilman Frisch said we need to honor a hard date and would prefer not to see rolling 30 day P18 VII.a Regular Meeting Aspen City Council May 5, 2015 3 extensions. Jim True, city attorney, said the lease is a hard date of seven months. The original five months plus two. Councilman Romero said it is perfectly reasonable to have an extension. Councilwoman Mullins said she would support the June 1 move in date with the six month lease and a one month extension. Councilman Frisch said we have one year to get the building ready for the new tenant. Mr. Wheeler said the remodel project is going to happen while the library will be occupying the building. Councilman Frisch said his preference is to remove the 30 day notice and any options. Mayor Skadron said we should stick to the original nine month agreement plus two month option. Councilwoman Mullins said we should partner and let them go in June first. Ms. Smith said they were looking for some flexibility and the 30 day notice was to give notice to the moving company and the public. She said it is unlikely they will be done in six months. Councilwoman Mullins proposed June 1 for six months with a one month extension and a 30 day termination. Councilman Frisch went back to no option. Mr. Pendarvis said the library is busy in December and nobody wants to move in January. He suggested a seven month lease through January 31. Mr. Wheeler said he and Ms. Smith would prefer the 30 days stays in the lease. Mayor Skadron said the proposal is an eight month lease beginning June 1 running through January 31 with the 30 day termination remaining. Mayor Skadron said he is opposed to this and he believes it should be five months with two additional months if necessary. We are filing to recognize the possible points of contention in the future and the promises we have made to the applicant who is getting the space. • Resolution #46, Series of 2015 – Street Department Dump Truck Replacement • Resolution #48, Series of 2015 – Proposed Use of Ruedi Water for the 15 Mile Reach and the First Draft of the Colorado Water Plan • Solid Waste Assessment • Resolution #50, Series of 2015 – Library Lease of Old Power House Councilman Romero moved to adopt Resolution #46, 48 and the Solid Waste Assessment; seconded by Councilwoman Mullins. All in favor, motion carried. Councilman Romero moved to adopt Resolution #50, Series of 2015 amended to begin June 1 through January 31 with a 30 day mutual termination agreement; seconded by Councilwoman Mullins. All in favor except Mayor Skadron. Motion passes 3 to 1. ORDINANCE #19, SERIES OF 2015 – 300 and 312 E Hyman Ave – Subdivision Becky Levy, community development, told the Council the proposal is to merge two lots into one 9,000 sq ft parcel at the corner of Monarch and Hopkins. P&Z passed Resolution 7, 2015 recommending approval and the public hearing is scheduled for June 8. Mayor Skadron asked if the proposed charter amendment has any effect on this application. Mitch Haas replied none. Councilman Romero asked if it is customary to consider the merger prior to a development application. Mr. Bendon said most communities do the merger first then the development. Councilman Romero said what is the downside to the public, if any. Mr. Bendon replied he does not see one. The property line down the center of a project can open up all kinds of technical glitches that are unnecessary and there is a benefit to cleaning up the property this way. Councilman Romero asked if there in any enrichment to the parcel by having this occur and is there any expanded development opportunity. Mr. Bendon said the properties can be built out to the lot line today. P19 VII.a Regular Meeting Aspen City Council May 5, 2015 4 Councilwoman Mullins asked if this can be reversed in the future. Mr. Bendon replied yes. Councilwoman Mullins said her biggest concern is it relaxes some of the building code rules. She would rather see the building proposal at the same time. Mayor Skadron said there is no enhancement of development rights and it makes the review easier. He said he is not interested in that but what is delivered to the community. He wants to know how much build out is allowed there including mass and scale and character. He said he wants to have a clear picture of what might or might not end up here. Councilman Frisch moved to read Ordinance #19, Series of 2015; seconded by Councilwoman Mullins. All in favor, motion carried. ORDINANCE NO.19 (SERIES OF 2015) AN ORDINANCE OF THE CITY OF ASPEN CITY COUNCIL APPROVING THE CRYSTAL PALACE SUBDIVISION, COMMONLY KNOWN AS 300 AND 312 EAST HYMAN AVENUE, LEGALLY DESCRIBED AS LOTS K AND L, AND LOT M OF BLOCK 81, CITY AND TOWNSITE OF ASPEN, COLORADO Councilman Frisch moved to adopt Ordinance #19, Series of 2015 on first reading; seconded by Councilwoman Mullins. Roll call vote. Councilmembers Mullins, yes; Frisch, yes; Romero, yes; Mayor Skadron, yes. Motion carried. ORDINANCE #11, SERIES OF 2015 – Public Projects Code Amendment Justin Barker, community development, stated this is a continued public hearing from April 27 for a Staff initiated code amendment to comply with State statutes. At the last public hearing there was concern that the City would be able to take advantage of the automatic approval provision within 60 days. There was an option suggested to mitigate the concern and the language was amended in the ordinance prohibiting the City from using the 60 day provision. Mayor Skadron opened the public comment. 1. Marcia Goshorn said section 26.5.030 still puts the City within the same 60 days. She said the City should be going through he full process. Mr. True said 26.500.060 said City projects shall not require the decision in the 60 days and it takes it out of the deemed approved State statute for our own projects. Ms. Goshorn said she is also concerned with taking a private project and putting it within the 60 days if the Staff decided it is a public benefit. You need to have public buy in before you take that step. Mr. True said a private project with an essential public benefit can go pursuant to this statue. They cannot take advantage of the deemed approved after 60 days if the City does not take any action. 2. Amos Underwood said he is concerned with the removal from the purpose statement the allowance of the greater public participation in the review process. It is important when it comes to City development to have public participation. Mayor Skadron closed the public comment. P20 VII.a Regular Meeting Aspen City Council May 5, 2015 5 Councilman Romero moved to adopt Ordinance #11, Series of 2015; second by Councilwoman Mullins. Roll call vote. Councilmembers Frisch, yes; Romero, yes; Mullins, yes; Mayor Skadron, yes. Motion carried. ORDINANCE #13, SERIES OF 2015 – HPC Work session Code Amendment Amy Simon, community development, told the Council this ordinance is for two amendments. The first is to remove the work sessions from the process and the second is to remove a reference to a specific building code. Work sessions have been part of the process for around three decades for informal input. They are required for floor area bonus asks. Staff would like to remove work sessions partly because they have changed over the years. There is no staff memo at the work session. Staff is not sure there is a way to provide an informal review without a proper public hearing. Councilman Frisch asked how P&Z operated compared to HPC. Mr. Bendon replied P&Z does not have work sessions. He said the work sessions do not include everyone and do not provide the same level of information. Councilman Romero said it is appropriate and broadens public participation and awareness. We are not getting rid of work sessions but improving the technique of how HPC conducts its meetings. He fully supports it. Councilwoman Mullins said she supports the building code change but can’t support getting rid of the work sessions. Because it is not binding has its own downside but the applicant is aware of that and it is an opportunity for the applicant, HPC and staff to have a much more free flowing discussion. It can result in a better project. If the work sessions are public noticed it gives the public one more opportunity to see what is going on. The public can come to the work session or send a letter or email. It should be treated differently than P&Z. Mr. Bendon said now we have a system where the neighbors are not notified and it might work 99 times out of 100. The only difference now is the first meeting called a work session or meeting number one. We have an obligation to make sure everyone is fully informed. Mayor Skadron asked Councilwoman Mullins if see foresees a problem calling the work session meeting one. She replied there is a real distinction between the first public meeting and a work session. The work session is non-binding and the public meeting is. At the public meeting HPC is obligated to comment on the project through the guidelines. Mr. True said a lot of this discussion came from the City attorney’s office. They were concerned with some of the informal aspects associated with work sessions, particularly the public notice aspects. He said the notice requirements need to be formalized. He suggested a motion to continue. Mayor Skadron opened the public comment. 1. Marcia Goshorn said what she found good about the work session in the past is when HPC reads something they have the opportunity to ask questions and clarify it before they get in to the official meeting. Mayor Skadron closed the public comment. P21 VII.a Regular Meeting Aspen City Council May 5, 2015 6 Councilman Romero moved to continue Ordinance #13, Series of 2015 to June 22, 2015; seconded by Councilman Frisch. Roll call vote. Councilmembers Mullins, yes; Frisch, yes; Romero, yes; Mayor Skadron yes. Motion carried. ORDINANCE #16, SERIES OF 2015 – Ranger Station Subdivision, Lots 4&5, Growth Management Allotments Jennifer Phelan, community development, said the application is for lots 4 and 5 of the Ranger Station Subdivision. It was submitted by Aspen Dragonfly Partners 3 & 4 LLC and is represented by Mike Hoffman. The request is to receive development allotments, one for each lot so each can be developed residentially. The property is zoned R6 with a PD overlay. The applicant is requesting to pay cash in lieu for affordable housing mitigation for receiving the allotments. They are also asking to memorialize to calculate floor area for each lot and five years vested rights. The history of the property starts with the forest service property and takes up most of blocks 9 and 10 excluding poppies. It includes a couple alleys that have been vacated and a portion of W Francis Street that was also vacated. The property as a whole was platted as the original town site lot. In 1940 the forest service gained ownership. The property is bounded by Smuggler, Hallam, Seventh and Eighth Street. It has operated as the forest service headquarters with housing on site. In 2011 the forest service began work on the redevelopment plan including new office facilities and salable lots to fund the project. As a federal agency they represented to the City they would not participate with a city review. In May 2013 a plat was recorded to create five lots. The City did not consent or sign the plat. The City began receiving inquires on the lots after the plat was recorded and created a written summary in July 2013. The key issues recognize in the summary included the City would recognize the lots but they must meet city regulations. They have to take into consideration how to calculate and measure floor area. There might be issues with the SI Johnson ditch and none of the lots have development allotments. The properties went to auction in 2013 and all sold. With the five lots there are three owners. The applicant is requesting a development allotment for each lot. Lot 4 is a larger lot of 11,614 sq ft containing a former alley. There is also a utility easement. The property is large enough for a duplex. Lot 5 is smaller at 7,490 sq ft. It includes part of the vacated W Francis Street and the SI Johnson ditch. It is large enough to accommodate a single family home. The requests being asked for include floor area. The request is to include the portions of lot 4 and 5 that were formerly the alley on lot 4 and formerly Francis Street on lot 5 to count towards the floor area. Under today’s code there is a section called calculation and measurements and it requires deductions for steep slopes and water and site constraints. In regards to vacated right of ways it is a measure to reflect that there may be a portion of the right of way but there were never development rights associated with it. If you happen to gain additional square footage you can use it but you don’t get additional development rights from something that was vacated by the City. On lot 4 the alley is just over 1,600 sq ft and what that means in a deduction is it is 96 sq ft in floor area. For lot 5, a larger portion of Francis St., 2,500 sq ft represents 489 sq ft of floor area that would not be able to be developed. The applicant is requesting both the alley and Francis Street be counted towards floor area. There are yearly maximums for development allotments whether it is residential, lodging or commercial. There is cap per calendar year. Staff’s position is the newly created lots do not have any development rights as they did not go through a City review process. The growth management for a project like this is 60 percent of the units should be affordable housing and 30 percent of the floor area at a category four income level. To meet the requirement when it can’t be met on site include cash in lieu, affordable housing credit, physical units or combination. P22 VII.a Regular Meeting Aspen City Council May 5, 2015 7 For vesting the minimum requirement is three years and the applicant is asking for a five year vesting period. Mike Hoffman told the Council he is representing the applicant, Aspen Dragonfly Partners 3 LLC and Aspen Dragonfly Partners 4 LLC. The lots were owned by the US government and certain aspects did not apply and continue to do not apply. It is their believe these lots are entitled to development rights and should only have to go through an administrative review for growth management. The maximum affordable housing mitigation cost is $573,283. He showed lots 4 and 5 with the town site overlay of lots K, L, M, N, and O. He showed variances that were granted for non-conforming town site lots. He requested an immediate decision that this is handled administratively and not through City Council. Mr. True stated staff does not agree with Mr. Hofmann’s assessment that these lots do not have any development rights. When these two lots were sold to these two LLC’s it has been our position they had no development rights. There can be no question that the meets and bounds description of the parcels that they own was simply a creation of the forest service at the time. We agreed with the forest service we would not challenge this as an illegal subdivision. Ms. Phelan said if we are taking the position that the lots were never merged you have 34 lots. What the forest service conveyed was a meets and bounds description creating 5 lots that do not follow the individual town site lots. Councilman Frisch said there were the historical 34 lots and the forest service carved out 5 lots. Mr. True said we were careful with providing the forest service with information to pass onto buyers. There would be rules the buyers would have to go through to get development rights. Councilman Frisch said regardless of any map, the forest service started from scratch in 2013. Mr. True replied that has been our position. The property was sold with the description of lots 4 and 5 and the meets and bounds description. We were not asked to approve the survey and the sale was done. Councilman Romero asked if the attorney’s office meet with Dragonfly prior to the purchase. Mr. True replied not prior to the auction. Representatives came to the City and asked for information. Councilman Romero asked if there is any case law to provide additional guidance. Mr. True said he is not familiar with any specific cases that would align with these circumstances. Mr. Hoffman said they are asking to complete all land use reviews and achieve a compromise on the cost of the affordable housing mitigation and to establish a binding consensus on the new lot area of each of the lots and to receive five year vesting. The maximum house size is dependent on the floor area ratio and the net lot area which equals the gross lot area less certain deductions required by code. There are two types of deductions; steep slopes and vacated streets and alleys. They believe there are steep slopes on the site that are man-made as a function of the SI Johnson ditch. They went to the historical society for photos and showed photos of 8 th , Smuggler and Francis indicating the flatness of the site prior to the ditch. They acknowledge there was a newly created access easement on the north side of lot four and there should be a deduction. Mayor Skadron stated he can agree to cash in lieu but he can’t agree to memorializing what the number should be. It could be completely different in five years. Mr. Hoffman said he is willing to remove that. Mr. Hoffman said this is a unique situation and urged Council to accept the inclusion of vacated Francis Street into the area that can be used to create floor area. He asked them to approve the development P23 VII.a Regular Meeting Aspen City Council May 5, 2015 8 allotments and the affordable housing mitigation using the cash in lieu at the regulations current at the time of application. Mayor Skadron said he can agree with some of it but not all. The allowable FAR is based on the lot as platted. Councilman Frisch said it is important to not treat these lots any different than if a private seller did the transaction. He said he is having a hard time supporting this because it seems like the government pulled out an eraser and redrew and lots. Councilwoman Mullins said maybe the road was there first. It is in the code currently and we should not go against it. Ms. Phelan said the right of way was never intended to have development rights associated with it. Mayor Skadron opened the public comment. 1. Peter Fornell said the applicant is not asking to pay money but to mitigate for a quantity of employees. If he buys certificates from me, he satisfy that, if he builds on site he satisfy it, if he builds off site he satisfy it, if he purchases a buy down he satisfy it, if he pays cash in lieu he will not satisfy that concern. 2. Marcia Goshorn said she is glad they did not suggest an ADU. She is not a big fan of cash in lieu she would rather see a unit built. One issue is treating projects fairly. Sky was given credit for a vacated right of way. 3. Tracey said she has been working closely with the lots since they were purchased. This is the west end. Every lot around it is being treated as a west end lot except these. Every part of the code refers to the 1800’s map and shows these lots as originally there. She does not understand why we are here. It is a frustrating process. It should go back to the original town site. 4. Curt Sanders said he represents the other two lot owners. On behalf of the other owners it would go a long way if Council accepted the cash in lieu. Mayor Skadron closed the public comment. Councilman Romero said he is ok with the cash in lieu. Mr. Hoffman said they are proposing the cash in lieu to be determined at the rate described in the code at the time they submit a building permit application. Ms. Phelan reviewed the ordinance changes to include the slopes are man-made at the site and not to be deducted, the alley and West Francis Street shall be deducted from lot 4 and 5, the vesting period is three years, credits or cash in lieu at time of building permit issuance. Councilman Romero moved to adopt Ordinance #16, Series of 2015 with amendments; seconded by Councilwoman Mullins. Roll call vote. Councilmembers Romero, yes; Mullins, yes; Frisch, yes; Mayor Skadron, yes. Motion carried. ORDINANCE #17, SERIES OF 2015 – 119 Neale Avenue Subdivision Amendment and Transferable Development Rights Amy Simon, community development, stated this is a proposed subdivision amendment and creation of TDRs. Around three years ago, Council approved the subdivision on Neale Avenue which took a 16,000 sq ft lot and landmarked it and allowed for a historic lot split. There is an 1800s log cabin on the fathering parcel that was moved here from outside of town that was rescued and restored. That was the reason for placing the landmark designation on the property. It allows the separation of property rights. It created a 3,000 sq ft lot with the cabin and a 12,000 sq ft lot with an existing home. The lot with the existing home was allowed 4,200 sq ft of floor area. When Council approved the subdivision the larger house could have had a duplex but Council elected to restrict it to a single family home. The applicant, P24 VII.a Regular Meeting Aspen City Council May 5, 2015 9 Geoff Shoaf, would like Council to change that restriction and allow the duplex. This is not a discussion about increasing floor area just relief of that restriction. He would also like to create three TDRs. Staff is supportive of the application. Geoff Shoaf, applicant, said the floor area stays the same if it is a duplex or a single family home. In 2012 he screwed up. He thought he had options and did not have to make the call right then. That is how it became a single family home. He said the duplex allows for the possibility of him to continue to live here when he retires. Any redevelopment would be moved farther away from the historic cabin. Councilman Frisch said he would like to have the duplex issue cleared up before he tackles the TDR issue. Mayor Skadron opened the public comment. 1. George Benninghoff said he is a neighbor. He said there is property in dispute and if FAR as it is calculated may not be correct. He is not in favor of a duplex and Council should not allow this to happen. 2. David Harris asked Council to reject the proposal. Doubling the number of units on one parcel is not minor and not consistent with the original approval. We are in a war with this guy who has been illegally using this place since 1986 and I am being asked to accept double the density next door to me. I just don’t know how you can allow it. Mayor Skadron closed the public comment. Councilman Frisch suggested Mr. Shoaf pull his application, pause and reflect. Council is better to post pone until they have more clarity. Councilwoman Mullins said the underlying zoning allows a duplex or a single family home. From the minutes the decision of a single family was somewhat arbitrary and was decided too quickly without enough research. By turning it into a duplex Council would be correcting some mistakes that should not have been made and she is not sure that is the right move. She is reluctant to turn it back to a duplex just to correct some illegal activity that is going on. Councilman Romero said it may be time to pull it back. There was gain in 2012. He said he is with Councilman Frisch to recommend a continuance. He said he would support the TDR application. Councilman Frisch moved to table Ordinance #17, Series of 2015; seconded by Councilwoman Mullins. Roll call vote. Councilmembers Mullins, yes; Frisch, yes; Romero, yes; Mayor Skadron, yes. Motion carried. Councilman Frisch moved to adjourn at 9:52pm; seconded by Councilwoman Mullins. All in favor, motion carried. Linda Manning, City Clerk. P25 VII.a Regular Meeting Aspen City Council May 5, 2015 10 P26 VII.a Regular Meeting Aspen City Council June 8, 2015 1 SCHEDULED PUBLIC APPEARANCES .................................................................................................. 2 CITIZEN COMMENTS AND PETITION ................................................................................................... 3 COUNCILMEMBER COMMENTS ............................................................................................................ 3 CITY MANAGER COMMENTS ................................................................................................................ 3 CONSENT CALENDAR ............................................................................................................................. 3 ORDINANCE #19, Series of 2015 – Crystal Palace Subdivision Lot Merger – 300 and 312 E Hyman ..... 3 ORDINANCE #21, Series of 2015 – Gibson Matchless Subdivision .......................................................... 5 SWEARING IN CEREMONY ..................................................................................................................... 7 COUNCILMEMBER COMMENTS ............................................................................................................ 7 RRESOLUTION #62, Series of 2015 – Community Garden Fence Variance Request ............................... 7 P27 VII.a Regular Meeting Aspen City Council June 8, 2015 2 At 4:05 Mayor Skadron called the Special meeting to order with Council Members Daily, Mullins, Frisch and Romero were present. Jim True, City Attorney, requested Council go into executive session pursuant to CRS 24-6-402(4)(a) purchase, acquisition, lease, transfer or sale of any real, personal or other property interest. Specifically lease interest and conference with attorneys. He stated he would like to have a brief conversation regarding the second opinion he received from Steve Daws regarding the Referendum item. Councilwoman Mullins moved to go into executive session; seconded by Councilman Daily All in favor, motion carried. Motion to come out of executive session at 5:00 pm by Councilman Daily; seconded by Councilman Frisch. All in favor, motion carried. Mayor Skadron called to order the regular meeting at 5:10pm with Councilmembers Daily, Romero, Mullins and Frisch present. Jim True stated the City received an opinion from attorney Steve Daws regarding the timing in whether applications deemed complete prior to the certification of Referendum 1 are subject to Referendum 1. The City received the opinion and he shared it with Council. The attorney’s office is requesting that Council waive the privilege and authorize the release of the letter. He requested there be a motion to authorize the release of the opinion tomorrow. Councilman Daily moved to release the opinion; seconded by Councilwoman Mullins. All in favor, motion carried. Mr. True stated he will email it to the press tomorrow. SCHEDULED PUBLIC APPEARANCES HPC awards, Amy Simon, Community Development, stated John Whipple and Patrick Segal are here representing HPC and these are the 26 th annual HPC awards. Mayor Skadron stated City Council and the Historic Preservation Commission are pleased to present the 26 th annual HPC awards. There have been over 90 projects recognized. This year’s award is for the Elks dome restoration. It is one of the tallest building in Aspen, clad in silver. John and Patrick said this is the first time in 123 years it has been restored to its original luster. The dome was temporary removed to restore it. A lot of work was put in to the replica flagpole as well. HPC acknowledged the restoration team of the ELKS, Graeme Means Architect, William H. Baker Construction, Aspen Insulation and Colorado West Roofing and Adirondack Flagpoles. Mayor Skadron handed out certificates to BPOE lodge 224, Aspen Insulation and Colorado West Roofing, William H. Baker Construction and Graeme Means. Proclamation – High School State Champion Day – Councilman Daily stated he has deep pride and appreciation for the lacrosse team and Sunday, the 400 meter runner. They sent out a solid message that this little mountain town is tough to beat. Councilman Daily read the proclamation. Mayor Skadron thanked the coaches, players and high school staff. Proclamation – ride to work day – Mayor Skadron read the proclamation. June 15, 2015 as ride to work day and parking for motorcycles and scooters is free that day. P28 VII.a Regular Meeting Aspen City Council June 8, 2015 3 CITIZEN COMMENTS AND PETITION 1. David Harris – thanked Councilman Romero for his combat engineer service in the Iraq war. He was always prepared for meetings and thought through things well. 2. Emzy Veazy III said in today’s Daily News the Lift 1A was the towns first chair lift is nearly vacant. He spoke about meeting someone who worked on the chair lift, Roy Stratton at St. James Presbyterian Church in Tarzana. He thinks he should be here when the lift is restored. COUNCILMEMBER COMMENTS 1. Councilwoman Mullins said she is sorry to see Dwayne leave. He set an example for being prepared for the meetings, made well considered decisions, has in depth knowledge of project development and financials and a great sense of humor. She welcomed Bert to the council table. 2. Councilman Daily said he will miss Dwayne and his strong analytical skills, integrity, love for this community, sense of humor and warm friendship. 3. Councilman Frisch gave a hats off to Linda for running two great elections. He also gave a hats off to Mick and Bert for running a double header and looks forward to welcoming Bert. To Dwayne, you served you country and state and certainly served your community. You are leaving everything in a much better place than when you came in. Thank you very much. 4. Mayor Skadron said he is glad we are through the elections. He is looking forward to new perspectives and new energy at City Council. He thanked Linda for all her work. CITY MANAGER COMMENTS Steve Barwick said to Councilman Romero on behalf of city staff, thanks for standing up for us and holding our feet to the fire. Councilman Romero said it has been an honor and opportunity to serve the community. It is wildly and richly rewarding. It has been an opportunity to set a good example if for no one else than his daughters. If you want to make things better you need to lean in and get involved and he is in debt to Aspen. There are so many dedicated individuals who seek the opportunity to serve. I will miss working with this particular leadership team. There is a great deal of blue sky for this leadership team. Onward and upward. CONSENT CALENDAR Resolution #63 – Approval of the Brush Creek Park N Ride Lease Mayor Skadron stated the previous lease was 10 years and this one is five. John Kruger, transportation stated all the leases have been five. Councilman Romero moved to adopt the consent calendar; seconded by Councilman Frisch. All in favor, motion carried. ORDINANCE #19, Series of 2015 – Crystal Palace Subdivision Lot Merger – 300 and 312 E Hyman Chris Bendon, community development, told the Council the Crystal Palace is two individual parcels one 6,000 square feet and the other 3,000. The request is to remove the lot line in between. The Crystal Palace is a historic landmark. Both structures are in the historic district. It would take two lots and combine them into one. There are no other changes proposed at this time. The standards for subdivision P29 VII.a Regular Meeting Aspen City Council June 8, 2015 4 are very straight forward. It requires the lots have adequate access, comply with platting standards, hook up with public utilities, and conform to zoning and no non-conformities. There were questions at first reading regarding the size of the lot. There are several lots with 9,000 square feet. Downtown lots are increments of 3,000. There were questions about the landmark designation. Staff is suggesting the extension be extended to the entire 9,000 square foot lot. There were also questions as to the level of benefits. There are a series of benefit that apply to landmarked parcel. The suggestion to expand the landmark designation results in a series of impact fee reduction and affordable housing reduction but it goes from applying to one parcel to one parcel. He said currently there is no development proposed. Mitch Haas is representing the applicant 312 Hyman, represented by Mark Hunt. Mr. Haas said they want to know what they have to work with before designing an application. By merging the lots they will know what they have to work with and can design accordingly. The most current thought is a lodging development. He did say they will have to adhere to the design standards for HPC review. Councilman Daily asked for the purpose of bringing this application. Mr. Haas replied to not have uncertainty. To have one lot. Mr. Bendon said there will be simplicity with the merger. Councilman Frisch said the CC zoning is not changing. If it’s a lodging project it could be higher since it’s on the north side of the street. He asked what is historic. Mr. Hunt replied the Piece on Monarch. Councilman Frisch asked if the other street scape is not protected. Mr. Bendon said that is a discussion for HPC. Mr. Hunt replied that is a good point. People look at the building and think of it as historic. Mayor Skadron asked if this is in a view plane. Mr. Haas said it is but it is irrelevant. Mayor Skadron asked if the set back on the minor building is significant. Mr. Bendon said it has not been identified as a landmark. Mayor Skadron said it is potentially 9,000 square feet and asked if they are precluding it from being residential. Mr. Haas replied the zone precludes it. Mayor Skadron opened the public comment. There was none. Mayor Skadron closed the public comment. Councilwoman Mullins said she is concerned with the physical appearance and HPC incentives. Just because it’s been done before doesn’t mean it should be. She thinks we need to try to retain the historic configuration of the 30 by 100 foot lots. Once the lots are combined the incentives will apply to the entire lot. What is the benefit to the City. Mr. Hunt replied getting lights on and traffic down there. Mr. Bendon said the desire for 30 foot articulation is achieved by the design guidelines not by having the lot line there. The amount of benefit is equal in both scenarios so it does not matter where the lot line is. Councilwoman Mullins stated the large lot developments do not articulate separation and change the fabric of town. Mr. Haas replied the Crystal Palace as we know it is 60 feet and the other parcel is 30. We know we will have a 60 foot and 30 foot. Councilman Frisch asked if it is 6,000 and 3,000 what it looks like on the outside. Mr. Hunt said it would look the same on the outside just change on the inside with fire doors and egress stairs. Councilman Romero said he is comfortable with Staff’s recommendation. P30 VII.a Regular Meeting Aspen City Council June 8, 2015 5 Councilman Frisch said if lot stays and the application comes in for one project it will not be an efficient project. Mr. Bendon said it will have the same outcome regardless of the property boundary and it meets the criteria of the review. Councilwoman Mullins said for criteria 26.4.80.040a new street patterns or rights of way her argument is there will be a change in street pattern one the properties are redeveloped. Mr. Bendon said that criterion speaks to a guaranteed access to a public way. Both properties have access to Hyman and the corner property has access to Hyman and Monarch. The resulting parcel has access to both Hyman and Monarch so the access to a public way is achieved in any scenario and there is no stranded lot. Councilwoman Mullins said b addresses more directly the lot lines and it can be designed to approximate the original lot lines. The projects that have attempted to do that have not been very successful and it is hard to approximate that. Mr. Bendon said she is speaking to a design desire there. The intent of this standard is the platting of the new lot resemble the original platting of the town site which was in 3,000 square foot lots. This falls exactly on those lines. It is not an odd shaped parcel for the downtown. Councilman Romero moved to adopt Ordinance #1, Series of 2015; seconded by Councilman Frisch. Roll call vote. Councilmembers Daily, yes; Mullins, no; Romero, yes; Frisch, yes; Mayor Skadron, yes. Motion carried. ORDINANCE #21, Series of 2015 – Gibson Matchless Subdivision Mr. Bendon stated the property is in the Smuggler neighborhood off of Gibson Avenue. Both properties are historic landmarks. One of the Victorian buildings has been moved to the site. They are two residents in a condominium form of ownership. Two years ago there was a quiet title action on Silver King Drive of a platted but never opened right of way. These areas of platted right of way do not add development rights to the property. The proposed subdivision is to the divide the property into two. There is a curious lot boundary proposed and is the subject of Staff’s denial. One of the subdivision standards is to create approximate of the original town site platting. Part of that requirement is simple lots leads to simple development. This is 17 sided. The desire behind the requirement is to create lots that have equal net lot areas. That is partially what is leading to the strange lot division. As far as development rights it is currently one lot with 4,470 sq ft in the R6 zone district with one 500 sq HPC bonus with one or two homes. There is an ordinance that was adopted in 1987 that capped the maximum house size to 2,486. If there is one house on the one lot it is capped at 2,486 regardless of the allowable floor area. The parcel allows for two residences that would have to equal 4,470. What are the subdivision scenarios. Each lot is allowed 3,708 plus the possible 500 sf HPC bonus or 4,208. The current max with the bonus is 8,416 for the two lots. There are multiple scenarios of the number of homes and sizes of homes that could be built on the lots. Staff’s recommendation is the subdivision does not meet the review criteria due to the strangely shaped lot. Mr. Bendon stated that he and Mr. Haas have been discussing an alternate scenario that may simplify matters. It would divide the lot with a simple lot boundary that is not equally sized but would maintain the 60 foot frontage for the zoning. It would keep the simple shaped lots for simple shape development. The applicant would limit each parcel to one single family home and one ADU. Each lot would be allowed 3,493 floor area. One home would have 2,486 max and the remaining 1,007 for the ADU. There is still an increase in the overall development rights. Staff sees this as a significantly improved scenario. P31 VII.a Regular Meeting Aspen City Council June 8, 2015 6 Councilwoman Mullins asked if it would include the 500 sf bonus. Mr. Bendon replied it does not. Mayor Skadron stated he is not prepared to decide on an alternative that was not presented in the packet. Mr. Bendon said if Council is interested in the alternate they could continue the hearing. Mayor Skadron opened the public comment. 1. Alan Becker, 950 Matchless drive, said he is confused by the FAR of 2,486. It is the same square foot as allowed at his house. There was a lack of information in the public notice. He is wondering how the quiet title action happened. He is concerned about the unique character of the neighborhood. He would like to know the intention of the developers. 2. Terry Murray stated it is wise not to look at this as an either or proposition. Mayor Skadron closed the public comment. Mr. Haas said there are three parcels. The previous owner filed the quiet title action. Silver King became annex to lot one but in two pieces. Today there are three lots. One with development rights and two and three with no development rights. The lot looks strange because it is the only way to do it to achieve equal development rights. The flag area will be yard and unfenced. The City’s grid system extends to the river. After that it is odd. What is better for the property and neighborhood? Preserving the historic resources and ensuring green spaces conservation or maintaining the opportunity for some kind of legal struggle. This is not in the town site and adhering to a town site regulation does not make sense. The concern is not so much the lot lines but the potential density. He said they came up with a workable solution and an alternative. It is to draw a straight line and the effective lot area of the two lots would be 7,808 Square feet. The owner of lot two doesn’t want to do anything in the foreseeable future. Mayor Skadron stated he would allow a vote on the memo presented but it is not fair for Council or the public to vote on the alternative. Mr. True stated he would strongly urge Council not to consider the alternative but to continue. Councilman Frisch said he is supportive of Staff’s recommendation of denial. He said he has been trying to kill ADU’s for a long time. Carriage houses are different. He is supportive of continuing. Councilman Romero said it is appropriate to continue. He said to watch building and massing that may alter the direction of Silver king drive. It is appropriate to continue. Councilwoman Mullins is also supportive to continue. She would not support what is in the memo. What is the effect of the 500 sf bonus. She would like more information on what Mr. True was talking about. She also asked for more information on why the FAR could be equal on both lots, more discussion on the ADUs and context. Councilman Daily supports the idea of the continuance and the compromise. Mayor Skadron concurred with Council. Councilwoman Mullins moved to continue to July 13, 2015; seconded by Councilman Frisch. All in favor, motion carried. P32 VII.a Regular Meeting Aspen City Council June 8, 2015 7 Councilman Frisch moved to adjourn at 7:25 pm; seconded by Councilman Romero. All in favor, motion carried. SWEARING IN CEREMONY Municipal Judge Brooke Peterson swore in Councilmembers Frisch and Myrin and Mayor Skadron. At 7:30pm Mayor Skadron called the regular meeting to order with Councilmembers Frisch, Mullins, Daily and Myrin present. COUNCILMEMBER COMMENTS 1. Mayor Skadron welcomed Bert. 2. Councilwoman Mullis also welcomed Bert. 3. Councilman Daily welcomed Bert. 4. Councilman Frisch welcomed Bert and said he will be a great addition to the community. 5. Councilman Myrin said he looks forward to working with everyone and pulling together. RRESOLUTION #62, Series of 2015 – Community Garden Fence Variance Request Sara Nadolny, community development, stated this application is to request a height variance for the fence at the community garden. The garden is located at the Thomas Property open space and is visible from HWY 82. It is located in the conservation zone district. The applicant is looking to expand the current garden. There is an eight foot fence that runs around the current garden and helps keep out deer and other wild life. The code only allows for a six foot fence. Staff has consulted with CDOT. An eight foot fence is the minimum standard for keeping wildlife out. Staff has reviewed the criteria and this application meets all the criteria. Dave Radeck, project manager, stated they would like to continue the eight foot fence around the expansion. The six foot fence would give deer and elk an easy in. Austin Weiss, open space, said the six foot fence would allow wild like to get hung up and suffer a miserable death. Councilwoman Mullins said six foot is code and she would support the eight foot fence. She asked why fences are allowed in our open spaces. Mr. Radeck replied due to animals getting in the gardens. Ms. Nadolny said there is nothing in the code that would preclude a fence in the open space. Councilman Daily stated he is very much in support of the community garden concept and he likes the idea of expanding it. The fence makes sense. Councilman Myrin said he went out to the site and it looks like the fence is built minus the panels. Mr. Radeck said the height will come down. Councilman Myrin asked if we can we regulate the type of fencing that is there so it doesn’t change over time. Mr. True said we certainly have that ability. Councilman Myrin suggested it is similar to what is there going forward. Councilman Frisch said he supports the variance. Mayor Skadron opened the public comment. P33 VII.a Regular Meeting Aspen City Council June 8, 2015 8 1. Denis Murray, 41 Trainors landing, said this is his third - five year plan in the garden. Deer don’t get in now unless you leave the fence open. Along with the fence is a new irrigation system. This will be great. Mayor Skadron closed the public comment. Mayor Skadron stated the motion will include the fencing to be similar to existing fencing. Councilman Daily moved to adopt Resolution #62, Series of 2015; second by Councilman Myrin. Roll Call Vote. Councilmembers Frisch, yes; Mullins, yes; Daily, yes; Myrin, yes; Mayor Skadron, yes. Motion to adjourn at 7:50 pm by Councilman Frisch; seconded by Councilman Daily. All in favor, motion carried. Linda Manning City Clerk P34 VII.a Regular Meeting Aspen City Council June 22, 2015 1 CITIZEN COMMENTS AND PETITION ................................................................................................... 2 COUNCILMEMBER COMMENTS ............................................................................................................ 2 NOTICE OF CALL UPS .............................................................................................................................. 2 CONSENT CALENDAR ............................................................................................................................. 2 ORDINANCE #23, SERIES OF 2015 – Aspen Historical Society 620 W Bleeker Lot Split, TDRs .......... 3 ORDINANCE #22, Series of 2015 – Hutton Lot Split 725 Cemetery Lane ................................................ 4 ORDINANCE #10, SERIES OF 2015 – 530 W. Hallam Historic Landmark Lot Split ............................... 5 ORDINANCE #13, SERIES OF 2015 – HPC Work Session Code Amendment......................................... 5 RESOLUTION #64, SERIES OF 2015 – CC and C1 Policy Resolution ..................................................... 6 RESOLUTION #42, SERIES OF 2015 – Policy Direction – Residential Mitigation .................................. 8 P35 VII.a Regular Meeting Aspen City Council June 22, 2015 2 At 5:05 pm Mayor Skadron called the regular meeting to order with Councilmembers Daily, Myrin and Frisch present. CITIZEN COMMENTS AND PETITION 1. Phyllis Bronson stated the Base 2 petitioners have looked like cult church members who may do more harm than good. The armageddon they fear may have already come. They are seeking to destroy the first viable good project. We are becoming a town of nimbys and losing vitality. We have wonderful small lodges but don’t have any projects that fit this demographic. We are being offered a gift of incalculable value. Base 1 and Base 2 well not perfect, are the first original projects in a long time and not about speculative real estate. The majority of Aspen elected the majority of you to be representative government and stand up for good projects. 2. Sara Plats said she started the North Mill artist building next to the Rio Grande park. She thanked the city for moving the bike path. She would like speed signs. She is dealing with a Comcast problem with an easement. She would like adjacent neighbors noticed when easements are approved. She asked the parks department to not make a lot of noise when cleaning in the park. COUNCILMEMBER COMMENTS 1. Councilmember Frisch said Food & Wine is a wonderful asset and a big success. 2. Mayor Skadron congratulated the Chamber, volunteers and City for a great Food & Wine postcard weekend. NOTICE OF CALL UPS 333 W Bleeker – No call up 61 Meadows Rd – No call up CONSENT CALENDAR Rubey Park IGA Mayor Skadron asked why are we seeing this now. John Kruger, transportation, said it is a timing issue. On February 9 th Council passed the original IGA. This is restating it with the final numbers. There are no changes to the content just restating it with the final numbers. It was approved prior to the construction. Resolution 66 – USA Pro Challenge Contract Mayor Skadron asked if there is anything that is different from past years. Nancy Leslie, special events, replied the outreach will be heavy in July and August and being out front on traffic. The race will include Independence pass on both days. They are in the process of finalizing closure times with State Patrol. Mayor Skadron asked if the working budget is 300,000 dollars. Ms. Leslie replied it is a work in progress. Mayor Skadron asked if the 300,000 is our budget. Ms. Leslie said 125,000 dollars is allocated by the City. The rest is fundraised and sponsorship. Resolution 67 –Westin & Holiday Inn Hotel Contract – USA Pro Challenge Mayor Skadron asked what is the average room cost. Ms. Leslie replied 89 dollars, the same as last year. Mayor Skadron said the cost of the meals are variable. Ms. Leslie said the variable is due to some room attrition between now and the time of the bike race. The costs are fixed but how many are utilized is variable. Bill Tomcich, stay aspen snowmass, said the Westin and Wildwood provide two thirds of the room accommodations. The rest are at other properties. Only the one property is requiring a contract. The total room count is 678. P36 VII.a Regular Meeting Aspen City Council June 22, 2015 3 • Resolution #65, Series of 2015 – Ice Resurfacer Contract • Minutes – May 26, June 1, 8, 2015 • Adoption of Charter Amendment Map • Resolution #70, Series of 2015 – Amended and Restated Rubey Park IGA • Resolution #66, Series of 2015 – USA Pro Challenge Contract • Resolution #67, Series of 2015 – Westin & Holiday Inn Hotel Contract – USA Pro Challenge • Resolution #68, Series of 2015 – Pickup Replacements for Water and Parks Departments Councilman Frisch moved to adopt the consent calendar; seconded by Councilman Daily. All in favor, motion carried. ORDINANCE #23, SERIES OF 2015 – Aspen Historical Society 620 W Bleeker Lot Split, TDRs Jennifer Phelan, community development, told the Council the museum currently sits on the 53,500 sq ft property in the west end. It is bounded by West Bleeker, North 6 th Street, West Hallam and North 5 th Street. The requests include memorializing the existing conditional use as a museum. There is also a request to subdivide a 9,000 sq ft lot on the corner of 6 th and Hallam from the existing parcel and sever 3,000 sq ft of the allowable floor area as TDRs with the balance to be redeveloped as affordable housing. With this request to subdivide the new lot it creates a smaller side yard setback than allowed and the applicant is requesting a variance for a portion of the museum building. Staff is recommending the public hearing for July 27. Staff has recommended that the current conditions are appropriate for memorializing the existing conditional use of the property. Mitch Haas, representing the applicant, said they are proposing a 9,000 sq ft lot in the northwest corner of the property. They did commit to the lot never being fenced, the lot never being sold to a third party and any housing built would be deed restricted to museum use and remain open as a park. All access would come from the existing driveway. There would be very little change to the property. Councilman Myrin asked for more history of the last time it was raised to sever TDRs from the property beyond the minutes. Councilman Daily pointed out the conditional use review criteria and Staff found that three criteria not met. Councilman Frisch asked why are they doing this, revenue issues or a development game. He asked about the lot splits and what can be built. What is the community benefit for mucking up a beautiful piece of the west end. Mayor Skadron said he is also not clear about the motivation behind the application. He would like information on the history of the historical society becoming a taxing district. What are the stipulations around the City’s ability to dictate what it can and cannot do around the agreement. Councilman Frisch moved to read Ordinance #23, Series of 2015; seconded by Councilman Myrin. All in favor, motion carried. ORDINANCE NO. 23 (SERIES OF 2015) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, MEMORIALIZING A CONDITIONAL USE AND APPROVING A MINOR SUBDIVISION, DIMENSIONAL VARIANCE, AND ESTABLISHMENT OF HISTORIC TRANSFERABLE DEVELOPMENT RIGHTS FOR 620 W. BLEEKER STREET, LOTS A, B, C, D, E, F, G, K, L, M, N, O, P, Q ,R, AND S BLOCK 23, CITY AND TOWNSITY OF ASPEN P37 VII.a Regular Meeting Aspen City Council June 22, 2015 4 Councilman Frisch moved to adopt Ordinance #23, Series of 2015 on first reading; seconded by Councilman Myrin. Roll call vote. Councilmembers Frisch, yes; Myrin, yes; Daily, yes; Mayor Skadron, yes. Motion carried. ORDINANCE #22, Series of 2015 – Hutton Lot Split 725 Cemetery Lane Hillary Seminick, community development, stated the applicant is requesting approval for a lot split that will divide the existing 39,704 sq ft parcel into two new parcels with parcel one being slightly larger than parcel two. Access will be provided through an easement in what will be parcel one. 725 has not been previously subdivided and is eligible for lot split. The Hutton lot is located in the R15 zone district where the minimum lot size is 15,000 sq ft. The dimensional characteristics of both new lots will comply with the R15 zone. There is an existing home on the property and it will be straddling the boundary between the new lots. Staff included a condition that will allow for the existence of the original building only. Staff recommendation is to adopt on first reading with the public hearing on July 13. Councilman Frisch asked if the assumption is a 4plex will be built. Ms. Seminick stated they can build two duplexes. There is no development proposed as part of this application. Councilman Daily asked if it is consistent with lot sizes on Cemetery lane. Ms. Seminick stated they are under code both at 17,681. When redeveloped they will be equal to what is allowed. Councilman Frisch asked if they are not asking for anything else. Ms. Seminick replied there is a condition addressing school land fees, park fees and affordable housing fees. The applicant receives a credit for the existing development for what is on the property. There is a condition that will split those fees. Mayor Skadron said the existing home straddles the boundary but it will be demolished. Ms. Seminick stated it is our understanding it will be. A plat needs to be submitted within 180 days. There is a condition that there needs to be no non-conformities and the house straddling is a non-conformity. They would not be able to submit the plat with the house there. Mayor Skadron asked about the non-exclusive access easement of 4,332 sq ft and how it is the same sq ft that reduces the lot two area. Brian McNellis, representing the applicant, stated it is by design. Councilman Frisch moved to read Ordinance #22, Series of 2015; seconded by Councilman Daily. All in favor, motion carried. ORDINANCE NO. 22 (SERIES OF 2015) AN ORDINANCE OF THE CITY OF ASPEN CITY COUNCIL APPROVING THE HUTTON LOT SPLIT FOR A TRACT OF LAND SITUATED IN LOTS 3 AND 12, SECTION 12, TOWNSHIP 10 SOUTH, RANGE 85 WEST OF THE 6 TH PRINCIPAL MERIDIAN, BEING A PROTION OF THAT CERTIAN TRACT OF LAND DESCRIBED IN BOOK 183 AT PAGE 271 IN THE RECORDS OF THE PITKIN COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE WESTERLY LINE OF COUNTY ROAD WHENCE THE WEST ¼ CORNER OF SAID SECTION 12 BEARS SOUTH 58 DEGREES 17 MINUTES WEST 1614.50 FEET; THENCCE SOUTH 76 DEGREES 26 MINUTES WEST 177.70 FEET; THENCE NORTH 25 DEGREES 14 MINUTES WEST 204.22 FEET; THENCE NORTH 76 DEGREES 26 MINUTES WEST 219.00 FEET TO A POINT ON THE WESTERLY LINE OF SAID COUNTY ROAD; THENCE SOUTH 13 DEGREES 34 MINUTES WEST 200.00 FEET ALONG THE WESTERLY LINE OF SAID COUNTY ROAD TO THE PONT OF P38 VII.a Regular Meeting Aspen City Council June 22, 2015 5 BEGINNING, COUNTY OF PITKIN, STATE OF COLORAD; COMMONLY KNOWN AS 725 CEMETERY LANE. Councilman Frisch moved to adopt Ordinance #22, Series of 2015 of first reading; seconded by Councilman Daily. Roll call vote. Councilmembers Myrin, yes; Frisch, yes; Daily, yes; Mayor Skadron, yes. Motion carried. ORDINANCE #10, SERIES OF 2015 – 530 W. Hallam Historic Landmark Lot Split Amy Simon, community development, told the Council this was passed by Council in April but there was an error in the noticing. They are asking for an amendment to change the effective date to change it to 30 days after tonight’s review. The Ordinance is for a lot split at 530 Hallam Street. The additions will be demolished and relocated on site with a modest addition. The lot will be subdivided. Overall square footage is 700 more than what is there today. Mayor Skadron opened the public comment. There was none. Mayor Skadron closed the public comment. Councilman Frisch moved to adopt Ordinance #10, Series of 2015; seconded by Councilman Daily. Roll call vote. Councilmembers Daily, yes; Frisch, yes; Myrin, yes; Mayor Skadron, yes. Motion carried. ORDINANCE #13, SERIES OF 2015 – HPC Work Session Code Amendment Ms. Simon stated this is the third step in the code amendment process. Staffs original proposal was to eliminate work sessions from the HPC process. Currently, work sessions are required when asking for floor area bonus and this ordinance will make that optional. They are also trying to better define what must be submitted including overall site plan, design intent, massing and programming. Full public notice will be provided and the discussion will be non-binding. The other code amendment is related to the building code and sites a specific section of the code and this will make it more generic. The ordinance will also clarify when in the process a floor area bonus is granted. Councilman Frisch said he likes the progress and it is headed in the right direction. Councilman Myrin asked if notice is given when a TDR is landed on a non-historic property. Ms. Simon replied no. He asked why would notice be required for this. Mr. Bendon replied this is for a development application. Our intent is to make sure everyone knows a development application is pending. Councilman Myrin asked if they received any public comment on this. Ms. Simon replied no. Mr. Bendon stated Council feels it is good dialog. Our interest is in making sure neighbors have full access and information. Mr. True said a lot of this came from the attorney’s office. They were legal meetings but there was no notice. We reviewed the process and felt the change was needed. Mayor Skadron said work sessions are non-binding and it appears to be some action is taking place. The public isn’t partaking fully. This is protecting the public’s interest. Mayor Skadron opened the public comment. 1. Peter Fornell stated the work session process is helpful. He supports the notion to allow those to continue to happen and not making them mandatory. He would have been happy to send out a public notice. Since it is non-binding it might not be inappropriate to have public comment. Mayor Skadron closed the public comment. P39 VII.a Regular Meeting Aspen City Council June 22, 2015 6 Councilman Frisch moved to adopt Ordinance #13, Series of 2015; seconded by Councilman Daily. Roll call vote. Councilmembers Myrin, yes; Frisch, yes; Daily, yes; Mayor Skadron, yes. Motion carried. RESOLUTION #64, SERIES OF 2015 – CC and C1 Policy Resolution Mr. Bendon, said this is a policy resolution and the first step to initiate a code amendment for the commercial core and commercial zone districts. Staff initiated this request to fix some unintended consequences of down zoning of Ordinance 25 of 2012. It reduced allowable height and eliminate free market residential use. As a consequence the removal of free market created a bunch of non-conforming uses. This created complications including investment limitations to no more than 10 percent per year. This is a somewhat old planning concept. We are in a process of code amendments to the non- conforming zone chapter. Staff also hears a non-conforming use presents financing challenges to owners. Staff is proposing amendments to these zone districts. Staff is proposing something short of what the Concept 600 folks are looking for. We recognize the 10 percent limitation is an obstacle and not sure what the purpose is. Staff reviewed this with P&Z and they felt comfortable with our recommendation. Staff is asking Council to endorse the policy and move into code amendments. Councilman Myrin said the applicant could pursue their own code changes. Do you think that would be different. Mr. Bendon said we have not even analyzed that. It would be a PD or code change. We try to do amendments on a zone district wide basis without calling out a single property. It also goes against a planned development to address an individual property. Creating property specific carve outs in the zoning code is against referendum 1. Councilman Myrin asked if it would make sense to just restore the rights that the previous ordinance took away. Mr. Bendon replied their attempt is to restore the conforming status to the residential units downtown. We are not trying to undo ordinance 25. They recognize the units prior to 25 as allowed uses. Councilman Frisch stated in 2012 the plan was no more free market residential and the height. We were focused on south of Main Street. There are parcels north that have it. Is this building zoned properly. Mr. Bendon said it is a different kind of condition since it is on the North side of Main. Councilman Frisch said it is nice to treat all the buildings the same. Did the 10 percent stipulation have anything to do with ordinance 25. Mr. Bendon replied no, it has been around for decades. Councilman Frisch asked if we want to get rid of it. Mr. Bendon said yes. The issue of the non-conforming status is something we should initiate and take care of. Councilman Frisch asked if improvement leads in to expanding. Are there limitations on combining units. Mr. Bendon said there are unit size limitations in the code prior to ordinance 25. It is possible to expand a condo unit. He encouraged Council to look at this as a district wide thing. Councilman Frisch said he would like to come up with a system wide program as much as possible. The original intent of ordinance 25 served the community well. How do we tweak the existing complexes. Mr. Bendon said there is a necessity to treat everyone equally. Zoning applies to the properties. We regulate land and properties. He encourages council to recognize there is that aspect of zoning and to look at it on an objective basis. Councilman Daily said the purpose of this policy resolution is understandable. He is willing to consider the expansion of units. In allowing the establishment of new free market residential units, he can see there may be risks associated with it. Mayor Skadron opened the public comment. P40 VII.a Regular Meeting Aspen City Council June 22, 2015 7 1. Herb Klein, representing the Concept 600 owners, said the owners feel they are collateral damage. It is a mixed use building with long time local residents. There are 24- 2 bedroom units, 6- 3 bed room units. It is a non-conforming building so no expansion can take place. He prepared ordinance language that can solve the problem. They would like to have deck expansion permitted as well as roof overhangs on the top floor. Combining units has always been considered expansion even though no new square footage has been created. They would like to be able to be eligible to apply to combine units. He handed out proposed amended language. 2. Lindsay Smith stated she lived here for 15 years. She handed out photos of the porch extension. She told Council they need help in restoring the rights they had prior to ordinance 25. 3. Ed Van Walraven, co-owner of one of the units said upgrades are necessary. He rents the unit out to working locals at less than market rate. 4. Pat Auldhouse , owner since 1984. Spoke about heat and snow accumulation on the fourth floor deck without a roof. Would like the ability to expand and build a roof over the deck that they had prior to ordinance 25. 5. Bob - Unit 208. Over 40 year owner with long term rental, short term rental and seasonal rental. Not a luxury condo but unique. Would like to get their rights back so they can stay unique. 6. Bill Stirling said he is a business resident of the building since 1978. He has witnessed the ebb and flow of the building. He wants to make it a level playing field. The unintended consequence has been the inability of being able to get loans due to the non-conforming nature. 7. Paul Otto is the past president and current treasurer of Riverview condos. When I heard what happened to concept 600 without being notified I was scared it could happen to us. Amazed this process has become so complicated. He urged council to make an exception and give it to concept 600. 8. Jim Smith, president of concept 600 HOA. Would like to have the property rights back. There are exceptions in the code for specific buidings/areas. He would like the property rights back and to be conforming. They will not and cannot increase the size of their building. 9. Peter Fornell commend council and comdev for recognizing an unintended consequence and taking action on it. It is not specific to the concept 600 building but every property in the cc and c1 zone. He urged council not to spot zone. Correct unintended consequence across the range it was done. Mayor Skadron closed the public comment. Councilman Myrin pointed out page 383 of the packet. His preference is to start with c1 since it is a smaller zone and not apply with cc until we know what it will impact. He would like to see ordinance 25 apply as an effective date for the zone. Councilman Daily said he is comfortable acting on both cc and c1. He thinks Herb Klein’s language is appropriate. Mr. Bendon said the resolution addresses the non-conforming status. There needs to be more analysis on decks and overhangs but not weave that into zone districts. Councilman Frisch said the nonconformity issue needs taken care of as soon as possible and the 10 percent cap needs taken care of. Improve means not adding an extra inch just making what I have better. I don’t want improve to mean expand. We need an answer to a porch overhang as an expansion question. He is fine with combination as long as they don’t go over the 2000 limit. As far as expanding decks and normal expansions I want to treat everyone the same in CC and C1. He does not want to get into spot zoning. Mayor Skadron said staff’s recommendation addresses the unintended consequences by ordinance 25. It does not allow anything defined as an expansion. Concept 600 also has a recommendation that addresses the consequences and allows for expansions. Councilman Myrin also has a recommendation but only for P41 VII.a Regular Meeting Aspen City Council June 22, 2015 8 C1. Mr. Bendon does not have the same apprehension as Councilman Myrin. Councilman Myrin said he would like to understand the impact of CC more. Mayor Skadron said it would act to change the issues the city created by putting back in place the uses and privileges prior to ordinance 25 but Peter is right and we should not zone around one building. We need to restore these permissions without spot zoning. He supports the Staff recommendation. Councilman Daily said he is pretty close to Councilman Myrin. He supports both zone districts and allow for certain expansions already allowed by the code. Councilman Frisch said he does not have a problem with expansion as long as it sticks to the rules, no problem with both zones, no problem with porch or roof. The expansion of decks needs more thought. The goal is to see as many lights on in units as possible and treat everyone as fair and equal as possible. Councilman Myrin moved to approve Resolution #64, series of 2015 with modification to section one to strike the second to last line “expansion of existing free market residential units and the word and” Mayor Skadron stated he will not support this. He is not prepared to act in a way with unintended consequences that will need to be undone in the future. While he believes the owners of Concept 600 should have their rights restored, he believes it should be done without undoing the intent of ordinance 25. Councilman Frisch asked him what concerns him the most and he replied expansion/combining of units. Councilman Myrin said everyone else in CC and C1 have to follow the code when expanding units except for non-conforming units and this is about aligning those rights. This is about trying to be upfront. Mayor Skadron said he agrees with correcting the unintended consequence of ordinance 25. Second by Councilman Frisch. All in favor except Mayor Skadron. 3 to 1 vote. Motion carried . RESOLUTION #42, SERIES OF 2015 – Policy Direction – Residential Mitigation Mr. Bendon said the City has impact mitigation requirements to offset the impacts of additional development on the community for parks, schools, transportation, air quality and housing. These are to offset new development. When something is torn down only the new development has the impact fees assessed. Residential impact fees have been in place since 1990 at a rate of one FTE for every 2000 sq ft of development and was lowered to one FTE for every 3000 sq ft. There is a need to update the requirement. Staff contracted with RRC associates last year. The report suggested the standard should be a max of .445 FTE for 3000 sq ft of floor area. He will focus on questions 5, 6 and 11 from the memo. #5- credit provided for existence of RETT. The presence of the tax shouldn’t interfere with new development. They don’t need to overlap. Lowering the impact fee in exchange for the tax may be work around to the tax. Mike Maple suggested to provide a reduction in the impact mitigation requirement based on the number of employee years that the property has supported the workforce. Staff has some concerns that the impact requirements now are based on the impact the community experiences because of expansion. We currently have in place the ability for deferral of mitigation requirement until the property is sold to a nonworking resident. This helps address self mitigation. There are challenges of administrating the program. Staff is not recommending in favor of Mr. Maples approach. The RETT tax is in place to try to address a long standing community problem. The presence of the tax does not undo or cure the impacts on the community when a property expands. P42 VII.a Regular Meeting Aspen City Council June 22, 2015 9 #6 – Should City assess the full impact fee. We can assess up to 100 percent of the fee. The standard lowering is already a significant reduction. #11 – Should cash in lieu continue as a mitigation option. Staff recommends it continue. They recommend examining an upper limit as to what it accepts. Cash in lieu is the least desirable option. Affordable housing certificates is a relatively new program. They suggest keeping cash in lieu but keep an upper limit. Councilman Myrin asked about the report results. Five percent utilize pet sitters and five percent use child care. He questioned the results. Mr. Bendon said RRC was pleased with the result rate and statistical accuracy. Our recommendation is the report is solid. Councilman Myrin said some things don’t feel right. He supports #1, needs to know more for #2, agree with Council on #3 and #4, agrees with Staff on #5. Councilman Frisch said he appreciates they are from different pots but they are from the same pocketbook. He is sensitive to the view of what is fair. Councilman Daily supports Staff’s recommendation. He agrees with the comment in the memo that providing an impact fee credit to compensate for the applicability of this tax effectively waives the voter approved tax. If we go down that road we should be talking to the voters not Council. Mayor Skadron said he agrees with Staff’s recommendation. Applying an impact fee waiver and whether it should be adjusted should be asked to the voters not to Council. #6- Should the City assess the full impact fee. Staff recommended the full impact fee should be assessed. Councilman Frisch said we need to see how the numbers play out. This gets multiplied by something. If that number becomes too much then we have a discussion. Mayor Skadron said if we talk about assessing an impact fee at a rate less than the full amount it does not mean the community feels less of an impact. Councilman Myrin agrees with Staff. Councilman Daily agrees with Staff. Mayor Skadron agrees with staff. #11 – Should cash in lieu continue as a mitigation option. Councilman Frisch said he agrees with staff. Collecting little bits of money for a big project is a good option. We need to make sure what we collect in whatever form actually houses the workers. Is the program being effective. Mayor Skadron said it places the burden of mitigation on the community’s shoulders. Councilman Frisch said as long as we collect the right amount of money to house the worker. Councilman Daily agrees it should remain an option. Looking at placing an upper limit is worth talking about. Councilman Myrin agreed with considering upper limit. His hesitation is any cash in lieu. We should incentivize credits. All options need to reflect true market value and float with the market over time. Eliminate cash in lieu for all but less than one FTE. Mayor Skadron said he thinks Councilman Myrin is right. Councilman Frisch said if someone pays the RETT and doesn’t come here versus someone who lives here there needs to be something different for what they pay. Mr. Bendon said it is tricky to apply different P43 VII.a Regular Meeting Aspen City Council June 22, 2015 10 policies to people based on their behavior. It is problematic territory. That is why the deferral program exists. Mitigating your own impact. Mayor Skadron opened the public comment. 1. Peter Fornell said for the RETT he is sensitive that people are paying to mitigate more than once and a house is paying more than once. Waivers to individuals who can prove they live and work in their home and the loss they will incur in RETT when they sell. There are logistical nightmares and it speaks of fraud. Already reaping a number of values of the community. If the cash in lieu number got the adjustment it needed you will get the benefit of more than me sitting here. All three of those will produce what we want. We need to keep cash in lieu so we have a mechanism to know what to mitigate for different categories. 2. Tim Semarau said he can’t understand why residential mitigation is wildly different than commercial mitigation. The inconsistencies are inappropriate. Mayor Skadron closed the public comment. Councilman Frisch asked about timing. Mr. Bendon said the prospect of the fee going down has put some people in a perplexing situation. It is good to move this to the ordinance phase. They are close enough to go in to ordinance phase. Councilman Myrin said he needs more information on the survey but this should move forward. He has hesitation on #11 and would lean towards removing the cash in lieu. Councilman Myrin moved to approve Resolution #43 with modification to strike the underlined sentence; seconded by Councilman Daily. All in favor except Councilman Myrin. 3 to 1 vote. Motion carried. Councilman Frisch moved to continue the Call up of HPC approval of 233 E Hallam Street to July 13, 2015; seconded by Councilman Daily. All in favor, motion carried. Councilman Frisch moved to adjourn at 10:00pm; seconded by Councilman Daily. All in favor, motion carried. Linda Manning, City Clerk. P44 VII.a MEMORANDUM TO: Mayor and City Council FROM: Linda Manning, City Clerk DATE: June 13, 2015 RE: Board Appointments By approving the consent calendar, Council is making the following appointments: Planning & Zoning Commission Spencer McKnight, 2 nd alternate Local Licensing Authority Sam Barney Historic Preservation Commission Willis Pember, regular Michael Brown, 2 nd alternate Board of Appeals & Examiners Chet Feldman Thomas Marshall Richard de Campo Open Space & Trails Howie Malory Gyles Thornely Housing Authority Ron Erickson Becky Gilbert, recommended for new joint alternate Renee West, recommended for joint regular Commercial Core & Lodging Don Sheeley Terry Butler Steve Fante Charles Cunniffe, alternate Election Commission Bob Leatherman David Hyman The City Clerk is confident in Bob and David’s continued contributions and requests their re- appointment. Next Generation Advisory Board Matthew Evan Clay Stranger Christien Bradt P45 VII.b P 4 6 V I I . c P 4 7 V I I . c P 4 8 V I I . c P 4 9 V I I . c P 5 0 V I I . c P 5 1 V I I . c P 5 2 V I I . c P 5 3 V I I . c P 5 4 V I I . c P 5 5 V I I . c P 5 6 V I I . c P 5 7 V I I . c P 5 8 V I I . c P 5 9 V I I . c P 6 0 V I I . c P 6 1 V I I . c P 6 2 V I I . c P 6 3 V I I . c P 6 4 V I I . c Page 1 of 5 MEMORANDUM TO: City of Aspen Planning and Zoning Commission FROM: Sara Nadolny, Planner Technician THRU: Chris Bendon, Community Development Director MEETING DATE: July 13, 2015 RE: 1175 Doolittle Circle – Planned Development Minor Project Review & 8040 Greenline Review - First Reading of Ordinance 24, 2015 APPLICANT/OWNERS: Castle Ridge Associates LTD, c/o Hill Management Co. REPRESENTATIVE: Luis Menendez - Menendez Architects LOCATION: 1175 Doolittle Circle, Castle Ridge Apartments CURRENT ZONING & USE: R-15/PD; used as multi-family housing. PROPOSED LAND USE: The site will continue to be used as multi-family housing. SUMMARY: The applicant is interested in demolishing two small maintenance equipment storage sheds on the lot and replacing them with one larger shed in approximately the same location. The current sheds are substandard in size and do not meet the maintenance storage needs of the housing development. Also the existing sheds were never memorialized on the original plat or in any known approvals. There is no site-specific approval for the Castle Ridge Apts. property. According to Section 26.445.110.H of the Land Use Code, in the absence of an approved site specific development plan , what exists on the property at the time of approval represents the approved dimensions of the Planned Development. The addition of a 988 sq. ft. shed will require an amendment for a floor area increase. Any new development on this site is also subject to 8040 Greenline Review. Allowing the requested maintenance shed will provide needed on-site storage for maintenance equipment and vehicles, and will also legitimizing the structure on the site. STAFF RECOMMENDATION: Staff finds the application to meet all of the relevant review criteria for 8040 Greenline and Minor Project reviews. Castle Ridge has demonstrated a need for a shed structure that adequately stores all necessary maintenance equipment for the property, and Staff recommends approval of the request. Figure A: Image of current sheds on site, surrounded by fence. P65 VIII.a Page 2 of 5 Figure B: Location of subject parcel LAND USE REQUESTS AND REVIEW PROCEDURES: The applicant is requesting the following land use approvals: • Minor Amendment to a Project Review approval – pursuant to Land Use Code Section 26.445.110.D. City Council is the final review authority in this matter. • 8040 Greenline Review – pursuant to Land Use Code Section 26.435.020. Typically Planning & Zoning Commission is the review board in this matter. However, pursuant to Section 26.304.060.B.1, reviews may be combined at the discretion of the Community Development Director, so long as all reviews are properly noticed. City Council will be the final review authority in this matter. PROJECT LOCATION AND BACKGROUND: The Castle Ridge Apartments are located in the R-15/PD zone district, located just south of Aspen Valley Hospital and west of Castle Creek Rd. Castle Ridge was originally approved as the Water Plant Housing Project in 1980, and is Lot 3 of the Thomas Property Subdivision Exception. There are eight multi-family residential buildings on the site with 10 units per building. Two small sheds with accompanying decks and a surrounding fence were constructed at some undetermined time near the rear of the property to store maintenance equipment on-site. The sheds total 323 sq. ft. in size and do not appear on the original plat. The parcel is located above 8040’ feet elevation, therefore all new development on the site is subject to the heightened 8040 Greenline Review. Staff has found no past approval for Castle Ridge Apts. According to Section 26.445.110.H of the Land Use Code, in the absence of an approved site specific development plan, the existing development on the property at the time of approval represents the approved dimensions of the Planned Development, which is estimated at 64,251 sq. ft. The proposed 988 sq. ft. increase in floor area will require a Minor Amendment to a Project Review approval. CURRENT REQUEST: The applicant has indicated that the current sheds are inadequately sized to store all of the equipment necessary for the maintenance of grounds, and is interested in demolishing the two small maintenance sheds and decks and replacing these structures with a 988 sq. ft. maintenance building for equipment and vehicles in the same location. The new shed is proposed at a height of 16’ 3” with a metal roof and cedar wood exterior, finished dark brown to match the surrounding structures. P66 VIII.a Page 3 of 5 Figure D: Location of existing sheds Figure E: Location of proposed shed STAFF COMMENTS: Staff has located no evidence regarding the construction of the two existing maintenance sheds, decks and fence on the site. However, it is reasonable to find this type of structure on a multi-family property with multiple buildings. The existing sheds are located towards the rear of the property, on relatively flat ground between Building F and Building G. The applicant is proposing to locate the new shed in the approximate same location. Figure C: North elevation of proposed shed P67 VIII.a Page 4 of 5 Staff and Engineering has reviewed the applicant’s request against the criteria for a Minor Amendment to a Project Review approval and 8040 Greenline review and notes the following: Minor Amendment to a Project Review approval: Staff and Engineering finds the proposed shed’s location to be suitable for the site. The ground is relatively flat in this location, and the proposed shed does not interfere with the sloped ground the adjacent rear of the parcel. There are no known man-made or natural hazards in this location. The proposed shed is oriented to the parking lot area and Doolittle Circle, and opens directly onto the existing asphalt surface. The shed’s unobstructed location makes it easily accessible by emergency, maintenance and service vehicles. The proposed shed will help to create a more orderly, functional storage space for the equipment and vehicles essential to the maintenance of the site. When Staff visited the site some equipment, such as a riding lawn mower, was stored outside of the sheds’ fenced area. Staff believes that by providing a structure that is sized to meet storage needs for maintaining the property the area will appear cleaner and safer. The proposed shed will be constructed from channel rustic cedar wood siding and painted dark brown to match the neighboring residential buildings. It is proposed as one-story with a gabled roof, and will be subordinate to the residences on the site. Engineering finds no concerns with the application. The applicant will need to submit a Drainage Report prior to receipt of building permit to indicate whether drainage patterns are changing as a result of any potential increase in impervious surface. Engineering will require the applicant to clean out the existing drainage swale and basin if needed to ensure proper drainage on the site. 8040 Greenline Review: Staff does not anticipate any significant adverse effect on the natural watershed, runoff, drainage, soil erosion or water pollution as a result of this proposal, nor any changes to the City’s air quality. Any necessary grading will be limited primarily to the area already disturbed by the existing structures and asphalt roadway. Disturbance to terrain, vegetation and natural land features are expected to be minimal. The proposal requires no additional roadways, and no impacts on open space or scenic resources will be created as a result of this application. Any water or electrical utilities needed at this structure are already provided to the Castle Ridge development. At 16’3” the proposed shed is well under the 25’ maximum height for the R-15 zone district. The proposed structure is the minimum size necessary for adequate storage of necessary maintenance equipment. As mentioned previously, the shed will be painted to match the surrounding residential buildings with a dark brown earth tone color that will blend in with the surrounding landscape. P68 VIII.a Page 5 of 5 This parcel is served by Doolittle Drive, which has been properly maintained by the City of Aspen since its creation. The ingress and egress for the proposed shed is on Doolittle Dr. Adequate access will be maintained for fire protection and snow removal equipment. Staff finds all relevant review criteria regarding Minor Amendment to a Project Review approval and 8040 Greenline review to be met, and the addition of 988 sq. ft. to the Planned Development to be insubstantial in nature. Staff recommends City Council approval of this application. RECOMMENDED MOTION (ALL MOTIONS ARE WORDED IN THE AFFIRMATIVE): “I move to adopt Ordinance No. 24, Series of 2015 upon first reading.” CITY MANAGER COMMENTS: ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ___________________________________________________________________________ ATTACHMENTS:  EXHIBIT A – Site Plan  EXHIBIT B – Review Criteria  EXHIBIT C – Application P69 VIII.a Ordinance No.24, Series of 2015 Page 1 of 3 Ordinance No. 24 (Series of 2015) AN ORDINANCE OF THE CITY OF ASPEN CITY COUNCIL APPROVING A REQUEST FOR 8040 GREENLINE REVIEWAND MINOR PLANNED DEVELOPMENT AMENDMENT FOR 1175 DOOLITTLE CIRCLE, KNOWN AS CASTLE RIDGE APARTMENTS AND LEGALLY DESCRIBED AS A METES AND BOUNDS DESCRIPTION, PITKIN COUNTY, COLORADO Parcel No. 273513201701 WHEREAS, the Community Development Department received an application from Castle Ridge Associates LTD, c/o Hill Management Company, represented by Luis Menendez, requesting approval of 8040 Greenline review and Planned Development Minor Amendment to a Project Review approval; and, WHEREAS, the subject property is zoned Moderate-Density Residential (R-15) with a Planned Development (PD) overlay; and, WHEREAS, the applicant has requested a Minor Amendment to a Project Review approval and 8040 Greenline review that will amend the original plat for Cast le Ridge Apartments, approved in 1983 and recorded at Reception No. 248557 with the Pitkin County Clerk and Recorder, and add 988 sq. ft. of floor area to the site to be used for an on-site maintenance storage shed; and, WHEREAS, pursuant to Chapter 26.445.110 of the Land Use Code an application for a Minor Amendment to a Project Review approval may be granted approval, approval with conditions or denial by the City Council at a duly noticed public hearing; and, WHEREAS, pursuant to Section 26.435.030 8040 Greenline review of the Land Use Code Planning and Zoning Commission is generally the review body for this review. However, Section 26.304.060.B.1 of the Code allows for the combination of reviews, at the discretion of the Community Development Director and the request of the applicant, so long as all reviews are properly noticed. Therefore, City Council is the final review authority in this matter; and, WHEREAS, the Community Development Director has reviewed the application and recommended approval of the applicant’s request for 8040 Greenline review and a Minor Amendment to a Detailed Review approval; and, WHEREAS, the Aspen City Council has reviewed and considered the request under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered the recommendation of the Community Development Director, and has taken and considered public comment at a public hearing held on August 10, 2015 and recommended approval of the PUD Amendment; and, P70 VIII.a Ordinance No.24, Series of 2015 Page 2 of 3 WHEREAS, the Aspen City Council finds that the PUD Amendment proposal meets or exceeds all applicable development standards. WHEREAS, the City Council finds that this ordinance furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF ASPEN CITY COUNCIL AS FOLLOWS: Section 1: General Development Approval Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the City Council hereby approves the following land use reviews: 8040 Greenline review and a Minor Amendment to a Project Review approval that amends the 1983 plat for the subject property and allows the addition of 988 sq. ft. of floor area, to be used as a maintenance storage shed in the location indicated by the approval. Application for a building permit shall include a drainage report, pursuant to Engineering Dept. requirements. The applicant may be required to clean out the existing drainage swale and basin. Section 2: 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 Aspen 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 an authorized entity. Section 3: 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 4: If any section, subsection, sentence, clause, phrase, or portion of this Resolution is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. Section 5: A public hearing on this ordinance shall be held on the 25th day of November, 2013, at a meeting of the Aspen City Council commencing at 5:00 p.m. in the City Council Chambers, Aspen City Hall, Aspen, Colorado, a minimum of fifteen 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. P71 VIII.a Ordinance No.24, Series of 2015 Page 3 of 3 INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the 13th day of July, 2015. _________________________ Steven Skadron, Mayor Approved as to form: ________________________ James R. True, City Attorney Attest: ___________________________ Linda Manning, City Clerk P72 VIII.a Exhibit A Site Plan A P 7 3 V I I I . a 1 Exhibit B Review Criteria 26.445.050. Project Review Standards. The Project Review shall focus on the general concept for the development and shall outline any dimensional requirements that vary from those allowed in the underlying zone district. The burden shall rest upon an applicant to show the reasonableness of the development application and its conformity to the standards and procedures of this Chapter and this Title. The underlying zone district designation shall be used as a guide, but not an absolute limitation, to the dimensions which may be considered during the development review process. Any dimensional variations allowed shall be specified in the ordinance granting Project Approval. In the review of a development application for a Project Review, the Planning and Zoning Commission or the Historic Preservation Commission, as applicable, and City Council shall consider the following: A. Compliance with Adopted Regulatory Plans. The proposed development complies with applicable adopted regulatory plans. Staff Response: There are no regulatory plans in affect for this area of the City. Staff finds this criterion to be not applicable. B. Development Suitability. The proposed Planned Development prohibits development on land unsuitable for development because of natural or man-made hazards affecting the property, including flooding, mudflow, debris flow, fault ruptures, landslides, rock or soil creep, rock falls, rock slides, mining activity including mine waste deposit, avalanche or snowslid e areas, slopes in excess of 30%, and any other natural or man-made hazard or condition that could harm the health, safety, or welfare of the community. Affected areas may be accepted as suitable for development if adequate mitigation techniques acceptable to the City Engineer are proposed in compliance with Title 29 – Engineering Design Standards. Conceptual plans for mitigation techniques may be accepted for this standard. The City Engineer may require specific designs, mitigation techniques, and implementation timelines be defined as part of the Detailed Review and documented within a Development Agreement. Staff Response: The Minor Amendment to the Planned Development involves the demolition of two small storage sheds and their accompanying decks, and their replacement with a single larger storage shed. The new shed will occupy the same location the current sheds occupy, but with a larger footprint. There will be no disturbance of any lands unsuitable for development due to natural or man-made hazards, as indicated above. Staff finds this criterion to be met. C. Site Planning. The site plan is compatible with the context and visual character of the area. In meeting this standard, the following criteria shall be used: P74 VIII.a 2 1. The site plan responds to the site’s natural characteristics and physical constraints such as steep slopes, vegetation, waterways, and any natural or man-made hazards and allows development to blend in with or enhance said features. Staff Response: The area where the new shed is proposed is in the same location as the existing shed, with a larger footprint. The increased footprint will remain on a flat area of the site, and does not interfere with the sloped ground to the adjacent rear of the parcel. Staff finds this criterion to be met. 2. The project preserves important geologic features, mature vegetation, and structures or features of the site that have historic, cultural, visual, or ecological importance or contribute to the identity of the town. Staff Response: Staff has no concerns with the disturbance of any geological features, vegetation or structures on the site. The site where the new shed is proposed is flat, between two existing residential buildings, and opens onto an asphalt surface. Staff finds this criterion to be met. 3. Buildings are oriented to public streets and are sited to reflect the neighborhood context. Buildings and access ways are arranged to allow effective emergency, maintenance, and service vehicle access. Staff Response: The proposed shed is oriented to the parking lot area and Doolittle Circle. This orientation will be most efficient for access by maintenance and related needs. Staff finds this criterion to be met. D. Dimensions. All dimensions, including density, mass, and height shall be established during the Project Review. A development application may request variations to any dimensional requirement of this Title. In meeting this standard, consideration shall be given to the following criteria: 1. There exists a significant community goal to be achieved through such variations. Staff Response: The goal achieved here is to create a more orderly, functional storage space for the equipment essential to the maintenance of the Castle Ridge Apartments property. The existing sheds are small and substandard for storage of all of the essential maintenance equipment. Consequently some items are being stored on the ground outside of the shed. Staff believes that by providing a shed that meets the maintenance equipment needs of the complex the area is benefitting by appearing cleaner and safer. Staff finds this review criterion to be met. 2. The proposed dimensions represent a character suitable for and indicative of the primary uses of the project. Staff Response: The increase in floor area for the proposed larger shed is will be suitable for the use of the structure, which is maintenance equipment for use at the Castle Ridge Apartments. The small sheds currently on the site are substandard for the needs of the maintenance needs at Castle Ridge, as evidenced by the equipment that lies in the area outside of the sheds. Staff finds this criterion to be met. P75 VIII.a 3 3. The project is compatible with or enhances the cohesiveness or distinctive identity of the neighborhood and surrounding development patterns, including the scale and massing of nearby historical or cultural resources. Staff Response: The proposed shed will be constructed from cedar wood and painted dark brown to match the neighboring residential buildings. The shed will be one-story with gabled roof. It will match the building that are already on -site, but will remain subordinate in size. Staff finds this criterion to be met. 4. The number of off-street parking spaces shall be established based on the probable number of cars to be operated by those using the proposed development and the nature of the proposed uses. The availability of public transit and other transportation facilities, including those for pedestrian access and/or the commitment to utilize automobile disincentive techniques in the proposed development, and the potential for joint use of common parking may be considered when establishing a parking requirement. Staff Response: The increase in size of the storage shed will not require an increase in the number of off-street parking spaces for the PD. Staff finds this criterion to be not- applicable. 5. The Project Review approval, at City Council’s discretion, may include specific allowances for dimensional flexibility between Project Review and Detailed Review. Changes shall be subject to the amendment procedures of Section 26.445.110 – Amendments. Staff Response: The applicant is going through a detailed review with the scope of this current application. This criterion is not applicable. E. Design Standards. The design of the proposed development is compatible with the context and visual character of the area. In meeting this standard, the following criteria shall be used: 1. The design complies with applicable design standards, including thos e outlined in Chapter 26.410, Residential Design Standards, Chapter 26.412, Commercial Design Standards, and Chapter 26.415, Historic Preservation. Staff Response: The proposed shed is not subject to Commercial Design Standards or Historic Preservation chapter of the Land Use Code. According to Chapter 26.410, multi - family housing is only subject to the standards regarding building orientation, access, and building elements. The proposed shed is oriented to Doolittle Dr. Access to the parcel remains unchanged by this application, and there are no changes proposed to the multi- family units which will maintain their individual street-oriented entrances and street- facing principal windows. Staff finds this criterion to be met. 2. The proposed materials are compatible with those called for in any applicable design standards, as well as those typically seen in the immediate vicinity. Exterior materials are finalized during Detailed Review, but review boards may set forth certain expectations or conditions related to architectural character and exterior materials during Project Review. P76 VIII.a 4 Staff Response: The shed is proposed with metal roofing and channel rustic cedar siding which will be stained to match the other buildings on the site. Staff finds this criterion to be met. F. Pedestrian, bicycle & transit facilities. The development improves pedestrian, bicycle, and transit facilities. These facilities and improvements shall be prioritized over vehicular facilities and improvements. Any vehicular access points, or curb cuts, minimize impacts on existing or proposed pedestrian, bicycle, and transit facilities. The City may require specific designs, mitigation techniques, and implementation timelines be defined as part of the Detailed Review and documented within a Development Agreement. Staff Response: Given the scope of this project Staff does not feel the project warrants improvements to pedestrian, bicycle or transit facilities. Staff finds this criterion to be not applicable. G. Engineering Design Standards. There has been accurate identification of engineering design and mitigation techniques necessary for development of the project to comply with the applicable requirements of Municipal Code Title 29 – Engineering Design Standards and the City of Aspen Urban Runoff Management Plan (URMP). The City Engineer may require specific designs, mitigation techniques, and implementation timelines be defined as part of the Detailed Review and documented within a Development Agreement. Staff Response: Engineering finds no issues with the application. The applicant will need to submit a Drainage Report prior to receipt of building permit to show how drainage patterns are changing as a result of any potential increase in impervious surface. Staff finds this criterion to bet met. H. Public Infrastructure and Facilities. The proposed Planned Development shall upgrade public infrastructure and facilities necessary to serve the project. Improvements shall be at the sole costs of the developer. The City Engineer may require specific designs, mitigation techniques, and implementation timelines be defined as part of the Detailed Review and documented within a Development Agreement. Staff Response: Engineering will require the Applicant to clean out the existing drainage swale and basin if this is needed to ensure proper drainage on the site. I. Access and Circulation. The proposed development shall have perpetual unobstructed legal vehicular access to a public way. A proposed Planned Development shall not eliminate or obstruct legal access from a public way to an adjacent property. All streets in a Planned Development retained under private ownership shall be dedicated to public use to ensure adequate public and emergency access. Security/privacy gates across access points and driveways are prohibited. Staff Response: There are not changes to the existing unobstructed legal vehicular access to Doolittle Dr. as a result of this application, and not security/privacy gates are proposed. Staff finds this criterion to be met. P77 VIII.a 5 26.435.030C. 8040 Greenline review standards. No development shall be permitted at, above or one hundred fifty (150) feet below the 8040 Greenline unless the Planning and Zoning Commission makes a determination that the proposed development complies with all requirements set forth below. 1. The parcel on which the proposed development is to be located is suitable for development considering its slope, ground stability characteristics, including mine subsidence and the possibility of mudflow, rock falls and avalanche dangers. If the parcel is found to contain hazardous or toxic soils, the applicant shall stabilize and revegetate the soils or, where necessary, cause them to be removed from the site to a location acceptable to the City. Staff Response: The new shed is being proposed on the same area of the site where the existing two sheds are found. The location is a flat area between buildings F and G. This is a flat area and is generally found to be suitable for development. Engineering will require a drainage report prior to the issuance of building permit. Staff finds this criterion to be met. 2. The proposed development does not have a significant adverse effect on the natural watershed, runoff, drainage, soil erosion or have consequent effects of water pollution. Staff Response: Staff does not anticipate any significant adverse effect on the natural watershed, runoff, drainage, soil erosion or water pollution as a result of this proposal. Staff finds this criterion to be met. 1. The proposed development does not have a significant adverse effect on the air quality in the City. Staff Response: Staff anticipates no adverse effects to the air quality as a result of this proposal. Staff finds this criterion to be met. 2. The design and location of any proposed development, road or trail is compatible with the terrain on the parcel on which the proposed development is to be located. Staff Response: The proposed shed will replace two smaller sheds in the same location. Staff and Engineering have examined the proposal and find it to be compatible with the flat terrain on this area of the parcel. Staff finds this criterion to be met. 3. Any grading will minimize, to the extent practicable, disturbance to the terrain, vegetation and natural land features. Staff Response: Any grading for the proposed shed is minimal in nature, and will be limited primarily to the area already disturbed by the existing structures and asphalt roadway. Disturbance to terrain, vegetation and natural land features is expected to be minimal. Staff finds this criterion to be met. 4. The placement and clustering of structures will minimize the need for roads, limit cutting and grading, maintain open space and preserve the mountain as a scenic resource. P78 VIII.a 6 Staff Response: The proposed shed will remain in the same location as the existing sheds, and will be located between buildings F and G on the parcel. These buildings are clustered, and no additional roads, cutting or grading will be required as a result of the proposed larger shed. There will be no additional impacts created on open space or scenic resources as a result of this application. Staff finds this criterion to be met. 5. Building height and bulk will be minimized and the structure will be designed to blend into the open character of the mountain. Staff Response: The proposed structure is one-story, and reaches a height of 16’3”. The maximum height for the R-15 zone district is 25’. The proposed structure is the minimum size necessary for adequate storage of necessary maintenance equipment. The shed will be painted to match the surrounding residential buildings with a dark brown earth tone color that will blend in with the surrounding landscape. Staff finds this criterion to be met. 6. Sufficient water pressure and other utilities are available to service the proposed development. Staff Response: Any water lines or electrical utilities needed for this structure have already been provided to the PD. Staff finds this criterion to be met. 7. Adequate roads are available to serve the proposed development and said roads can be properly maintained. Staff Response: This parcel is served by Doolittle Drive, which has been properly maintained by the City of Aspen since its creation. Staff finds this criterion to be met. 8. Adequate ingress and egress is available to the proposed development so as to ensure adequate access for fire protection and snow removal equipment. Staff Response: The ingress and egress for the proposed shed is on Doolittle Dr. Adequate access will be maintained for fire protection and snow removal equipment. Staff finds this criterion to be met. 9. The adopted regulatory plans of the Open Space and Trails Board are implemented in the proposed development, to the greatest extent practical. Staff Response: There is no required Parks Dept. review for this minor application. Staff finds this criterion to be not applicable. (Ord. No. 55-2000, §7; Ord. No. 3-2012, §8) P79 VIII.a 715 W. Main Street, Suite 104 Aspen, Colorado 81611 voice: 970.544.4851 email:LAM@MenendezArchitects.com May 29, 2015 Ms. Sara Nadolny City of Aspen Community Development Department 130 S. Galena Street Aspen, CO 81611 Re: Castle Ridge Apartments (1175 Doolittle Circle, Aspen) Dear Ms. Nadolny, Attached, please find a completed Land Use Application, and the required submission documents, for an administrative review of the proposed replacement and expansion of the existing maintenance sheds at the employee housing project known as Castle Ridge Apartments. Please contact me with any questions. Sincerely, Luis A. Menendez P80 VIII.a COMMUNITY DEVELOPMENT DEPARTMENT Agreement to Pay Application Fees An agreement between the City of Aspen (“City”) and Property Owner (“I”): Phone No.: Email: Address of Property: (subject of application) Billing Address: (send bills here) I understand that the City has adopted, via Ordinance No. , Series of 2011, review fees for Land Use applications and the 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. $_________ flat fee for _____________________. $_________ flat fee for _____________________. $_________ flat fee for _____________________. $_________ 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 non-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 an 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 $35 per hour. $___________ deposit for ______ hours of Engineering Department staff time. Additional time above the deposit amount will be billed at $265 per hour. City of Aspen: Property Owner: Chris Bendon Community Development Director Name: T i t l e : ____ City Use: Fees Due: $___________ Received: $____________ January, 2013 City of Aspen | 130 S. Galena St. | (970) 920-5090 P81 VIII.a ATTACHMENT 2 –LAND USE APPLICATION PROJECT: TYPE OF APPLICATION: (please check all that apply): Name: Location: (Indicate street address, lot & block number, legal description where appropriate) Parcel ID # (REQUIRED) APPLICANT: Name: Address: Phone #: REPRESENTATIVE: Name: Address: Phone #: GMQS Exemption Conceptual PUD Temporary Use GMQS Allotment Final PUD (& PUD Amendment) Text/Map Amendment Special Review Subdivision Conceptual SPA ESA – 8040 Greenline, Stream Margin, Hallam Lake Bluff, Mountain View Plane Subdivision Exemption (includes condominiumization) Final SPA (& SPA Amendment) Commercial Design Review Lot Split Small Lodge Conversion/ Expansion Residential Design Variance Lot Line Adjustment Other: Conditional Use EXISTING CONDITIONS: (description of existing buildings, uses, previous approvals, etc.) PROPOSAL: (description of proposed buildings, uses, modifications, etc.) Have you attached the following? FEES DUE: $_________ Pre-Application Conference Summary Attachment #1, Signed Fee Agreement Response to Attachment #3, Dimensional Requirements Form Response to Attachment #4, Submittal Requirements- Including Written Responses to Review Standards 3-D Model for large project All plans that are larger than 8.5” X 11” must be folded. A disk with an electric copy of all written text (Microsoft Word Format) must be submitted as part of the application. Large scale projects should include an electronic 3-D model. Your pre-application conference summary will indicate if you must submit a 3-D model. P82 VIII.a ATTACHMENT 3 DIMENSIONAL REQUIREMENTS FORM Project: Applicant: Location: Zone District: Lot Size: Lot Area: (for the purposes of calculating Floor Area, Lot Area may be reduced for areas within the high water mark, easements, and steep slopes. Please refer to the definition of Lot Area in the Municipal Code.) Commercial net leasable: Existing:__________Proposed:___________________ Number of residential units: Existing:__________Proposed:___________________ Number of bedrooms: Existing:__________Proposed:___________________ Proposed % of demolition (Historic properties only):__________ DIMENSIONS: Floor Area: Existing:_________Allowable:__________Proposed:________ Principal bldg. height: Existing:_________Allowable:__________Proposed:________ Access. bldg. height: Existing:_________Allowable:__________Proposed:________ On-Site parking: Existing:_________Required:___________Proposed:________ % Site coverage: Existing:_________Required:___________Proposed:________ % Open Space: Existing:_________Required:___________Proposed:________ Front Setback: Existing:_________Required:___________Proposed:________ Rear Setback: Existing:_________Required:___________Proposed:________ Combined F/R: Existing:_________Required:___________Proposed:________ Side Setback: Existing:_________Required:___________Proposed:________ Side Setback: Existing:_________Required:___________Proposed:________ Combined Sides: Existing:_________Required:___________Proposed:________ Distance Between Buildings Existing ________Required:__________Proposed:_____ Existing non-conformities or encroachments:___________________________________ _______________________________________________________________________ Variations requested: ______________________________________________________ ________________________________________________________________________ P83 VIII.a ASLU PD Amend/8040 Greenline 403 Doolittle Dr. 273513204825 1 CITY OF ASPEN PRE-APPLICATION CONFERENCE SUMMARY PLANNER: Sara Nadolny, 970.429.2739 DATE: 4.4.13, updated by SN on 4.10.15 PROJECT: Castle Ridge Apts, 403 Doolittle Dr. REPRESENTATIVE: Luis Menendez, 970.544.4851 ext. 114 REQUEST: PD Amendment & 8040 Greenline Review DESCRIPTION: The Applicant is interested in building a new garage/storage shed on the site for storage of maintenance equipment and vehicles. The site is home to the Castle Ridge Apartments, and is zoned R-15/PD. Castle Ridge was originally approved as the Waterplant Housing project (circa 1980) and is recorded as Book 9, Page 68. As the recorded plat is not very detailed the existing conditions of the residential buildings are considered the site specific development plan. Currently on-site there is are two storage sheds and two decks off of these sheds. The potential applicant would like to remove these structures and replace them with one garage, approximately 1,000 sq. ft. in size. To add a new structure, the PD approval will need to be amended. Additionally, the property’s location is subject to 8040 Greenline review. Depending on the full scope of the project, the application may be reviewed administratively for both an Insubstantial PD Amendment and 8040 Greenline Review Exemption. If Staff determines that the project does not meet the applicable review criteria the application will require review by the Planning & Zoning Commission in a public hearing. The following fee schedule is based upon an administrative review and an increased deposit will be required if reviewed by a board. Below are links to the Land Use Application form and Land Use Code for your convenience: Land Use App: http://www.aspenpitkin.com/Portals/0/docs/City/Comdev/Apps%20and%20Fees/2013%20land%20use%20a pp%20form.pdf Below is Land Use Code: http://www.aspenpitkin.com/Departments/Community-Development/Planning-and-Zoning/Title-26-Land-Use- Code/ Land Use Code Section(s) 26.304 Common Development Review Procedures 26.435.030.B Greenline Review Exemption 26.445.110.A Insubstantial Amendments (Planned Development) 26.575.020 Calculations and Measurements Review by: Staff for complete application Parks Dept. referral Engineering Dept. referral Public Hearing: None Planning Fees: $1,300 for four (4) hours of staff review time P84 VIII.a 2 Referral Fees: Parks Dept (flat fee) - $650 Engineering Dept - $275 (for one hour of staff review time) Total Deposit: $2,225 (additional planning hours over deposit amount are billed at a rate of $325/hour; additional engineering hours over deposit are billed at a rate of $275/hour) 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. ¨ A site improvement survey (no older than a year from submittal) including topography and vegetation showing the current status of the parcel certified by a registered land surveyor by licensed in the State of Colorado. ¨ Written responses to all review criteria. ¨ An 8 1/2” by 11” vicinity map locating the parcel within the City of Aspen. ¨ 1 Complete Copy. If the copy is deemed complete by staff, the following items will then need to be submitted: ¨ 1 additional copy of the complete application packet and, if applicable, associated drawings. ¨ Total deposit for review of the application. ¨ A digital copy of the application provided in pdf file format. 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. P85 VIII.a P86 VIII.a P87 VIII.a May 29, 2015 Ms. Sara Nadolny City of Aspen Community Development Department 130 S. Galena Street Aspen, CO 81611 Re: Castle Ridge Apartments (1175 Doolittle Circle, Aspen) Dear Ms. Nadolny, This letter serves to authorize our architect, Mr. Luis Menendez of Menendez Architects, to act on our behalf regarding the Land Use and Building Permit application process required for the approval of a new maintenance shed at the above referenced property. Mr. Menendez’s contact information: Luis Menendez Menendez Architects 715 W. Main Street, Suite 104 Aspen, CO 81611 Telephone: 970-544-1874 Email: LAM@MenendezArchitects.com My contact information: Mrs. Donna Hill Castle Ridge Associates LTD P.O. Box 95 Saint Ann, MO 63074 Telephone: 314-423-6667 Email: DHILLDJH@aol.com Please contact me with any questions. Sincerely, Donna Hill P88 VIII.a City  C970   COMMUNITY  DEVELOPMENT  DEPARTMENT   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 Owner (“I”): Name: Castle Ridge Associates LTD, c/0 Hill Management Company Email: DHILLDJH@aol.com Phone No.: 314-423-6667 Address of Property: (subject of application) 1175 Doolittle Circle, Aspen I certify as follows: (pick one) □ This property is not subject to a homeowners association or other form of private covenant. □ 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 document is a public document. Owner signature: _________________________ date:________ Owner printed name: _Donna Hill________________________ or, Attorney signature: _________________________ date:___________ Attorney printed name: _________________________ P89 VIII.a 715 W. Main Street, Suite 104 Aspen, Colorado 81611 voice: 970.544.4851 email:LAM@MenendezArchitects.com May 29, 2015 Re: Castle Ridge Apartments (1175 Doolittle Circle, Aspen) Project Description Castle Ridge Apartments is an employee-housing complex consisting of eight, 2-story, residential buildings and two, 1-story, attached maintenance equipment storage sheds with decks. The project was originally approved as the Waterhouse Housing project and developed by the city of Aspen in 1980-1981. Excluding decks, the eight buildings total approximately 63,928 square feet of floor area. The existing sheds to be replaced total 323 square feet of floor area and 300 square feet of wood deck area. The total area of existing enclosed space is 64,251 square feet. The proposed project consists of removing the existing storage sheds and decks and replacing them with a new one-story, 988 square foot, structure for the storage of maintenance equipment and vehicles. The existing sheds are too small to store all of the maintenance equipment, supplies and vehicles and the overflow of the same outside the sheds creates an unsightly condition for the residents. Per the attached Pre-Application Conference Summary the proposed improvement project is subject to 8040 Greenline review and Insubstantial PD Amendment. 8040 Greenline Exemption Per Land Use Code Section 26.435.030.B projects are exempt from 8040 Greenline and may be reviewed administratively if all of the following standards are met: 1. The development does not add more than ten percent (10%) to the floor area of the existing structure or increase the total amount of square footage of areas of the structure which are exempt from floor area calculations by more than twenty-five percent (25%). Project meets the standard - the proposed shed is 988 square feet, and replaces 323 square feet of existing storage shed space, which represents only one percent (1%) of the existing floor area. 2. The development does not require the removal of any tree for which a permit would be required pursuant to Section 15.04.450 or the applicant received a permit pursuant to said Section. P90 VIII.a Project meets the standard - the project is designed to leave all existing trees in place. In the event that any of the existing trees require removal a tree removal permit will be obtained. 3. The development is located such that it is not affected by any geologic hazard and will not result in increased erosion and sedimentation. Project meets the standard - the proposed shed is to be located between two existing buildings (Buildings F & G) where there is no apparent evidence of geologic hazard and where the existing sheds have been located since the development of the project. The new structure will not create increased erosion or sedimentation in that all of the roof water will be channeled to the existing drainage system via grassy swales. The area between the existing asphaltic paving and the new shed will be paved with pervious material. 4. All exemptions are cumulative. Once a development reaches the totals specified in Subsection 26.435.030.B.1, and 8040 Greenline review must be obtained pursuant to Subsection 26.435.030.C. Project meets the standard – there have been no previous 8040 Greenline exemptions for this property. 8040 Greenline Review Standards In addition to meeting the 8040 Greenline review exemption standards, the project meets all 8040 Greenline review standards listed in Section 26.435.030.C as follows: 1. The parcel on which the proposed development is to be located is suitable for development considering its slope, ground stability characteristics, including mine subsidence and the possibility of mudflow, rock falls and avalanche dangers. If the parcel is found to contain hazardous or toxic soils, the applicant shall stabilize and revegetate the soils or, where necessary, caue them to be removed from the site to a location acceptable to the City. Project complies with requirement – the parcel is already developed with 8 multi- family residential buildings plus the existing sheds that are to be replaced. The replacement building is proposed to be located where the existing sheds and decks currently exist between buildings F and G and where there is no evidence of previous mudflows or rock falls and avalanche dangers. The building is proposed to be located on a gently sloping (approximately 14%) part of the site. 2. The proposed development does not have a significant adverse effect on the natural watershed, runoff, drainage, soil erosion or have consequent effects of water pollution. Project complies with requirement – the project will not change the existing course of drainage. All drainage from the new structure will continue to be directed to the P91 VIII.a existing swale and drainage culvert to the east of the structure. The roof water will be conducted via a grassy (for treatment) swale to the existing culvert. 3. The proposed development does not have a significant adverse affect on the air quality in the City. Project complies with requirement – the proposed building will not have any wood fuel equipment that would contribute to air pollution and will be heated via electric baseboard heaters. 4. The design and location of any proposed development, road or trail is compatible with the terrain on the parcel on which the proposed development is to be located. Project complies with requirement – the proposed building is to be located on a gently sloping (approximately 14%) part of the site where the existing sheds and deck are located. It is on a part of the site that has mostly already been disturbed with previous development. The new building will be smaller in size and bulk as the two existing multi-residential buildings on either side of it. The exterior finishes of the new structure will match those of the adjoining buildings. 5. Any grading will minimize, to the extent practicable, disturbance to the terrain, vegetation and natural land features. Project complies with requirement – grading will be minimized to what is required to construct the proposed project. The project has been designed to preserve the existing trees. All disturbed soils will be reseeded. 6. The placement and clustering of structures will minimize the need for roads, limit cutting and grading, maintain open space and preserve the mountain as a scenic resource. Project complies with requirement – the proposed building will be located where the site already contains development. Grading will be limited to what is needed for the new building. No new roads or driveways will be necessary to serve the new building. 7. Building height and bulk will be minimized. Project complies with requirement – the proposed building is only one-story and 988 square feet, which will be significantly smaller than the two-story, 7,991 square foot buildings on either side. Additionally, the new building will be partially cut into the slope of the land to further reduce its height and bulk. 8. Sufficient water pressure and other utilities are available to service the proposed development. P92 VIII.a Project complies with requirement – the project will be located in an existing development where adequate utility service already exists. The building will only require water for one hose bib/hydrant, possibly a service sink and electricity for power, lighting and electric baseboard. There is no natural gas service on site. 9. Adequate roads are available to serve the proposed development and said roads can be properly maintained. Project complies with requirement – the proposed project will be located in an existing development that is served by Castle Creek Road. The building will be served by Doolittle Circle, which is the private road within the existing development and is maintained by the property owner. 10. Adequate ingress and egress is available to the proposed development so as to ensure adequate access for fire protection and snow removal equipment. Project complies with requirement – there is already adequate ingress and egress to the site, and to the location of the proposed building via Doolittle Circle for fire protection and snow removal. 11. The adopted regulatory plans of the Open Space and Trails Board are implemented in the proposed development, to the greatest extent practical. Project complies with requirement – not applicable. Insubstantial Amendments Per Section 26.445.110.A of the Land Use Code, the proposed project falls under the category of Insubstantial Amendment to a PD by meeting the required criteria as follows: 1. The request does not change the use or character of the development. Project meets the criteria – the proposed project replaces existing structures that house the same use as the proposed structure and is an accessory use to the other buildings on the site. The new building will be of the same character as the existing buildings with the same exterior finishes. 2. The request is consistent with the conditions and representations in the project’s original approval, or otherwise represents an insubstantial change. Project meets the criteria – the original approval is not very detailed but the existing shed structures, that are to be replaced, were apparently built by the City when the City developed the original project prior to selling it to the current Owner. It is unlikely that the original approval would not have included provisions for maintenance equipment storage for a multi-family residential project of this size and configuration. P93 VIII.a 3. The request does not require granting a variation from the project’s allowed use(s) and does not request an increase in the allowed height or floor area. Project meets the criteria – the proposed project is an allowed accessory use to the multi-family residential use and is well below the allowed height. The original approval does not define a specific maximum floor area but the proposed building replaces existing floor area and only increases it by an amount equal to approximately one percent (1%) of the existing floor area. 4. Any proposed changes to the approved dimensional requirements are limited to a technical nature, respond to a design parameter that could not have been foreseen during the Project Review approval, are within dimensional tolerances stated in the Project Review, or otherwise represents an insubstantial change. Project meets the criteria – the original approval is not detailed with respect to dimensional requirements and the proposed improvement should be considered an insubstantial change that is necessary to safely and properly store maintenance supplies, equipment and vehicles. The original approval plat shows buildings with footprints that are irregular and undefined in size, area and precise location. This suggests that precise total floor area was not of concern and that certain flexibility in floor area was allowed for the project. Thus, further supporting that the proposed increase in area is insubstantial to the original approval. The existing storage sheds are of inadequate size to store what is necessary to maintain the property. Currently, some equipment, supplies and vehicles, including a loader used for snow removal, must be stored outside where they are accessible to the children that live in the complex. It would be safer to store all equipment and supplies within the confines of one structure that could be locked for security. In addition, the equipment and supplies that are stored outside create an unsightly condition that the Owner would like to improve for the benefit of the tenants of the employee housing complex. Given the type and the insubstantial nature of the proposed project we feel that it is a good candidate for an administrative review and that the added costs and time that would be required for a Planning and Zoning Commission and City Council review would represent an unnecessary hardship to the Owner of this employee housing project. P94 VIII.a 715 W. Main Street, Suite 104 Aspen, Colorado 81611 voice: 970.544.4851 email:LAM@MenendezArchitects.com Castle Ridge Apartments Maintenance Shed 1175 Doolittle Circle, Aspen Legal Description Lot 3, Castle Ridge Housing Site as Lot 3 is shown on that certain map entitled “The City Thomas Property Subdivision Exception” filed in Plat Book 14 at Page 41, March 10, 1983, as Reception #248557, Pitkin County Records Assessor Parcel #2735-13-201701 Vicinity Map SITE P95 VIII.a P 9 6 V I I I . a P 9 7 V I I I . a S SEX. SEWE R L I N E E E EX. WATER MAIN E X . W A T E R S E R V I C E ET C W W W W W 8070 8 0 5 0 8050 8 0 5 0 8060 8062 8064 8066 8068 8058 8056 80 5 4 8052 SITE PLAN SCALE: 1/8" = 1'-0"1 KEYNOTES DO O L I T T L E C I R C L E DUMPSTER LOCATION UTILITY PEDISTALS IRRIGATION VALVE BOXES AND SPIGOT LOCATION SEWER MANHOLE 64' P R I V A T E R O A D AND U T I L I T Y E A S E M E N T SEWER MANHOLE STEPS CONC. CONC. STEPS (TYP.) ELEC. TRANSFORMER (BUILDING G) (BUILDING F) IN V CP 100 (PK NAIL) 8 0 4 8 . 0 7 8051.66 8 0 5 0 . 5 8 8052. 3 0 80 5 0 . 8 2 80 5 0 . 4 6 8051.47 SS (64' W I D E R / W ) (64' W I D E R / W ) C CONC . W A L K C O N C . W A L K ETC S W A L E SH E D 2 0 " C M P CO N C . W A L K EDGE ASPHAL T CONC . W A L K ±8051.9 2 ±8050. 7 9 S H E D DECK ET C DECK SHED 8"-8"-5" ASPEN 4" ASPEN 8" ASPEN 5" ASPEN 6" COTTONWOOD 6" COTTONWOOD EXISTING MAINTENANCE SHED BUILDING TO BE REMOVED. EXISTING DECK TO BE REMOVED. EXISTING WOOD FENCE TO BE REMOVED. EXISTING TREES TO REMAIN. PROTECT FROM DAMAGE DURING CONSTRUCTION, TYPICAL. 1. 2. 3. 4. 1 1 2 2 3 3 3 4 4 4 4 x x x x x x x x F E N C E 15 ' S E W E R E A S E M E N T CASTLE RIDGE APARTMENTS UTILITY SHED DEMOLITION SITE PLAN TRUE NORTH ARCHITECTURAL NORTH A0.00 Sheet number: Sheet title: Project: Print Date: Drawn By: Issue:Date:Revision:Date: LU SUBMITTAL 05/29/15 MS 715 W. Main Street, Suite 104 Aspen, Colorado 81611 voice: 970.544.4851 email: LAM@MenendezArchitects.com 5/29/15 P 9 8 V I I I . a S SEX. SEWE R L I N E E E EX. WATER MAIN E X . W A T E R S E R V I C E ET C W W W W W 8070 8 0 5 0 8050 8 0 5 0 8058 8056 8054 8052 8060 ±14'-6" ± 1 1 ' - 1 0 3 / 4 " 1 7 ' - 4 1 / 2 " SITE PLAN SCALE: 1/8" = 1'-0"1 DO O L I T T L E C I R C L E DUMPSTER LOCATION UTILITY PEDISTALS SEWER MANHOLE 64' P R I V A T E R O A D AND U T I L I T Y E A S E M E N T SEWER MANHOLE STEPS CONC. CONC. STEPS (TYP.) ELEC. TRANSFORMER (BLDG.G) (BLDG.F) IN V CP 100 (PK NAIL) 8 0 4 8 . 0 7 8051.66 8 0 5 0 . 5 8 8052. 3 0 80 5 0 . 8 2 80 5 0 . 4 6 8051.47 SS (64' W I D E R / W ) (64' W I D E R / W ) C CONC . W A L K C O N C . W A L K ETC S W A L E SH E D 2 0 " C M P CO N C . W A L K EDGE ASPHALT CONC . W A L K NOTE: ARCHITECTURAL ELEVATION 100'-0" = SITE ELEVATION 8051.50 FT ±8051.9 2 ±8050. 7 9 8052.00 80 5 2 . 0 0 8055.0 805 2 . 5 TW 8056.0 T W 80 5 4 . 7 5 TW 8053.5 80 5 3 . 5 8053.25 PROPOSED MAINTENANC E S H E D KEYNOTES STIPPLING INDICATES NEW COMPACTED ROADBASE PAVING OVER GRAVEL BASE. PROPOSED CONTOUR LINE, TYPICAL. EXISTING CONTOUR TO BE MODIFIED SHOWN DASHED, TYPICAL. NEW CONCRETE RETAINING WALL. NEW MAINTENANCE SHED BUILDING. NEW FLOW LINE (GRASSY SWALE). RESTORE ALL EXISTING LANDSCAPING DISTURBED FOR CONSTRUCTION WITH NEW CITY APPROVED SEED MIX.. EXISTING IRRIGATION VALVE BOXES AND SPIGOT TO REMAIN. MODIFY EXISTING IRRIGATION SYSTEM AS NEEDED TO ALLOW FOR NEW BUILDING. 1. 2. 3. 4. 5. 6. 7. 8. 1 2 2 2 3 3 8 4 5 6 6 6 7 7 7 80 5 1 . 5 8051.5 A0.01 8054.0 8053.0 8055.5 15 ' S E W E R E A S E M E N T CASTLE RIDGE APARTMENTS MAINTENANCE SHED SITE PLAN TRUE NORTH ARCHITECTURAL NORTH Sheet number: Sheet title: Project: Print Date: Drawn By: Issue:Date:Revision:Date: LU SUBMITTAL 05/29/15 MS 715 W. Main Street, Suite 104 Aspen, Colorado 81611 voice: 970.544.4851 email: LAM@MenendezArchitects.com 5/29/15 P 9 9 V I I I . a S SEX. SEWE R L I N E E E EX. WATER MAIN E X . W A T E R S E R V I C E ET C W W W W W 8070 8 0 5 0 8050 8 0 5 0 8058 8056 8054 8052 8060 ±14'-6" ± 1 1 ' - 1 0 3 / 4 " 1 7 ' - 4 1 / 2 " SITE PLAN SCALE: 1/8" = 1'-0"1 DO O L I T T L E C I R C L E DUMPSTER LOCATION UTILITY PEDISTALS SEWER MANHOLE 64' P R I V A T E R O A D AND U T I L I T Y E A S E M E N T SEWER MANHOLE STEPS CONC. CONC. STEPS (TYP.) ELEC. TRANSFORMER (BLDG.G) (BLDG.F) IN V CP 100 (PK NAIL) 8 0 4 8 . 0 7 8051.66 8 0 5 0 . 5 8 8052. 3 0 80 5 0 . 8 2 80 5 0 . 4 6 8051.47 SS (64' W I D E R / W ) (64' W I D E R / W ) C CONC . W A L K C O N C . W A L K ETC S W A L E SH E D 2 0 " C M P CO N C . W A L K EDGE ASPHALT CONC . W A L K NOTE: ARCHITECTURAL ELEVATION 100'-0" = SITE ELEVATION 8051.50 FT ±8051.9 2 ±8050. 7 9 8052.00 80 5 2 . 0 0 8055.0 805 2 . 5 TW 8056.0 T W 80 5 4 . 7 5 TW 8053.5 80 5 3 . 5 8053.25 PROPOSED MAINTENANC E S H E D KEYNOTES STIPPLING INDICATES NEW COMPACTED ROADBASE PAVING OVER GRAVEL BASE. PROPOSED CONTOUR LINE, TYPICAL. EXISTING CONTOUR TO BE MODIFIED SHOWN DASHED, TYPICAL. NEW CONCRETE RETAINING WALL. NEW MAINTENANCE SHED BUILDING. NEW FLOW LINE (GRASSY SWALE). RESTORE ALL EXISTING LANDSCAPING DISTURBED FOR CONSTRUCTION WITH NEW CITY APPROVED SEED MIX.. EXISTING IRRIGATION VALVE BOXES AND SPIGOT TO REMAIN. MODIFY EXISTING IRRIGATION SYSTEM AS NEEDED TO ALLOW FOR NEW BUILDING. 1. 2. 3. 4. 5. 6. 7. 8. 1 2 2 2 3 3 8 4 5 6 6 6 7 7 7 80 5 1 . 5 8051.5 A0.02 15 ' S E W E R E A S E M E N T CASTLE RIDGE APARTMENTS MAINTENANCE SHED SITE PLAN TRUE NORTH ARCHITECTURAL NORTH Sheet number: Sheet title: Project: Print Date: Drawn By: Issue:Date:Revision:Date: LU SUBMITTAL 05/29/15 MS 715 W. Main Street, Suite 104 Aspen, Colorado 81611 voice: 970.544.4851 email: LAM@MenendezArchitects.com 5/29/15 P 1 0 0 V I I I . a SS S S S S S SS SSS SS S S S SS S S S S SS SS W W W W W E E CT V T& E T& E T& E T& E T& E T& E DYH E E E E E E E 8110 80 6 0 8 0 8 0 8 0 5 0 8100 8080 8070 8060 8080 8090 805 0 8040 8060 8120 8070 8100 8110 8090 8050 8 0 4 0 8030 8030 80 2 0 8 0 2 0 8 0 1 0 79 9 0 80 0 0 8 0 5 0 8040 8 0 3 0 8080 8070 8100 8050 80 1 0 80 2 0 80 3 0 809 0 80 9 0 8 0 7 0 8 0 1 0 8000 8010 8 0 5 0 8060 ± 192'-10" ± 1 7 2 ' - 1 " ± 4 2 2 ' - 8 " SITE PLAN SCALE: 1" = 50'-0"1 LOT 3 (PER 14 PLATS 41) AREA = 362,869 º SQ. FT. (8.330º ACRES) CASTLE RIDGE HOUSING SITE DO O L I T T L E C I R C L E DO O L I T T L E D R I V E C A S T L E C R E E K R O A D DOOLITTLE C I R C L E -SS- LOT 24 CITY THOMAS PROPERTY CITY THOMAS PROPERTY LOT 25 LOT 2-PARCEL A MOUNTAIN OAKS EMPLOYEE HOUSING (PLAT BOOK 41 PAGE 41) (PLAT BOOK 41 PAGE 41) (PLAT BOOK 39 PAGE 67) SS SS (BLDG.H) SS (BLDG.G) (BLDG.F) ST& E (BLDG.C) T&E JP T&ET&E T& E (BLDG.A) S S S S T& E T& E T T T W S S S S S S T (BLDG.D) W W T W (BLDG.E) S S T W (BLDG.B) T T W W W W S S S S T W S S S S S S S S T S S S S T& E JP SS S S S S S S S S S 4 0 º 3 9 ' 2 7 " W N 3 5 º 2 4 ' 3 5 " W 2 9 9 . 2 4 ' 13 8 . 3 6 ' S 3 6 º 1 4 ' 2 5 " W S 86º00'49" E 454.74' 12 9 . 9 8 ' (64' W I D E R / W ) 2 6 2 . 6 9 ' 15 4 . 1 2 ' N 0 9 º 4 5 ' 4 4 " E 84 . 0 8 ' (6 0 ' W I D E R / W ) N 2 4 º 2 5 ' 5 2 " E 71. 0 7 ' S 3 2 º 1 7 ' 1 4 " W S 0 1 º 0 0 ' 4 8 " E 1 9 0 . 4 3 ' S 4 4 º 1 3 ' 5 9 " E (64' WIDE R / W ) 1 8 1 . 0 0 ' S 3 3 º 3 1 ' 5 9 " E 1 5 0 . 7 0 ' 27 6 . 6 7 ' S 5 2 º 5 0 ' 5 9 " E 1 1 1 . 1 4 ' S 4 3 º 2 1 ' 5 9 " E S 0 7 º 0 5 ' 5 9 " E ASP H A L T P A R K I N G ( A R E A ) ET C ETC PROPOSED MAINTENANCE SHED x x x x x x x x 20 ' W A T E R E A S E M E N T 20 ' W A T E R E A S E M E N T 20 ' W A T E R E A S E M E N T 64' P R I V A T E R O A D A N D U T I L I T Y E A S E M E N T 15 ' S E W E R E A S E M E N T 15 ' S E W E R E A S E M E N T 20 ' W A T E R E A S E M E N T 64' PRIVATE R O A D A N D U T I L I T Y E A S E M E N T 15' SEWE R E A S E M E N T 2 0 ' W A T E R E A S E M E N T CASTLE RIDGE APARTMENTS UTILITY SHED SITE PLAN TRUE NORTH ARCHITECTURAL NORTH A0.03 Sheet number: Sheet title: Project: Print Date: Drawn By: Issue:Date:Revision:Date: LU SUBMITTAL 06/08/15 MT 715 W. Main Street, Suite 104 Aspen, Colorado 81611 voice: 970.544.4851 email: LAM@MenendezArchitects.com 6/8/15 P 1 0 1 V I I I . a 1 A3.01 1 A3.01 2 A3.01 2 A3.01 1 A3.01 1 A3.01 2 A3.01 2 A3.01 1 2 3 2 A 2 1 1 A B B 38 ' - 0 " 26'-0" A B 22 A 1 1 B 9'-3 1/2" R.O.2'-1"9'-3 1/2" R.O.2'-1" 15 ' - 0 " 1'-7 1/2"1'-7 1/2" KEYNOTES FLOOR PLAN SCALE: 1/4" = 1'-0"2 A1.01 ROOF AND FLOOR PLAN ROOF PLAN SCALE: 1/4" = 1'-0"1 METAL ROOFING (SAME STYLE & COLOR AS ON EXISTING BUILDINGS) OVER HIGH TEMPERATURE ICE & WATER SHIELD. USE GAF VERSASHIELD ROOFING UNDERLAYMENT BETWEEN METAL ROOFING AND ICE & WATER SHIELD IF METAL ROOFING DOES NOT HAVE A CLASS 'A' FIRE RATING, TYPICAL. FACTORY FINISHED GALVANZED/GALVALUME SHEET METAL RIDGE CAP FLASHING TO MATCH ROOFING, TYPICAL. 5" THICK SLOPED REINFORCED CONCRETE SLAB OVER 6 MIL PLASTIC VAPOR BARRIR ON 4" COMPACTED GRAVEL BASE ON COMPACTED SOIL. DASHED LINE INDICATES ROOF OVERHANG ABOVE., TYPICAL. GUTTER AND DOWNSPOUT FACTORY FINISHED GALVANZED/GALVALUME SHEET METAL ROOF EDGE FLASHING TO MATCH ROOFING, TYPICAL OF ALL ROOF EDGES. ROOF CANOPY BELOW (ABOVE DOOR). DASHED LINE INDICATES FACE OF STUD WALL BELOW. CONCRETE RETAINING WALL. WOOD FRAMED WALL (2x6 STUDS AT 16" O.C.), TYPICAL. INSIDE FACE OF CONCRETE WALL BELOW. CONCRETE WALL OF OFFSET 1 1/2" FROM FACE OF STUDS. LIGHT DASHED LINE INDICATES OUTSIDE FACE OF FOUNDATION WALL BELOW, TYPICAL. 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 1 2 3 4 4 5 SL O P E 10 0 ' - 0 " ED G E O F S L A B 10 0 ' - 6 " ED G E O F S L A B 6 7 6 8 1 4 9 11 11 12 12 12 10 10 Sheet number: Sheet title: Project: Print Date: Drawn By: Issue:Date:Revision:Date: LU SUBMITTAL 05/29/15 MS 715 W. Main Street, Suite 104 Aspen, Colorado 81611 voice: 970.544.4851 email: LAM@MenendezArchitects.com 5/29/15 CASTLE RIDGE APARTMENTS MAINTENANCE SHED P 1 0 2 V I I I . a T.O. CONC. WALL ELEV. 102'-0" 8' - 1 " TOP PLATE ELEV. 110'-1" AB 12 T.O. CONC. WALL ELEV. 103'-3" 6' - 1 0 " TOP PLATE ELEV. 110'-1" T.O. CONC. WALL ELEV. 104'-6" 5' - 7 " TOP PLATE ELEV. 110'-1" 1 2AB ELEV. 100'-0" 10 ' - 1 " TOP PLATE ELEV. 110'-1" EDGE OF CONC. SLAB ELEV. 96'-6" 3' - 6 " B.O FOOTING B.O. FOOTING ELEV. 96'-6" 5' - 6 " B.O. FOOTING ELEV. 97'-5" 5 ' - 1 0 " B.O. FOOTING ELEV. 98'-11" 5' - 7 " ±1 6 ' - 3 " SCALE: 1/4" = 1'-0"1 NORTH ELEVATION SCALE: 1/4" = 1'-0"2 EAST ELEVATION SCALE: 1/4" = 1'-0"3 SOUTH ELEVATION SCALE: 1/4" = 1'-0"4 WEST ELEVATION 2 1 KEYNOTES METAL ROOFING TO MATCH EXISTING. 1x8 (VERIFY, MATCH EXISTING) HORIZONTAL CHANNEL RUSTIC CEDAR SIDING, STAIN TO MATCH OTHER BUILDINGS ON SITE. CEDAR FASCIA, STAIN, TYPICAL, MATCH EXISTING BUILDINGS. CEDAR DOOR TRIM, STAIN, TYPICAL, MATCH EXISTING BUILDINGS. CEDAR CORNER TRIM, STAIN, TYPICAL, MATCH EXISTING BUILDINGS. ENTRY DOOR. INSULATED SECTIONAL GARAGE DOOR RIDGE CAP FLASHING TO MATCH METAL ROOFING, MATCH EXISTING BUILDINGS GALVANIZED/GALVLUME FACTORY FINISHED SHEET METAL FLASHING TO COVER INSULATION, EXTEND 6" MINIMUM BELOW GRADE, TYPICAL GUTTER AND DOWNSPOUT, MATCH EXISTING BUILDINGS. EXTERIOR WALL MOUNT LIGHT FIXTURE, SEE SPECIFICATION BELOW. DASHED LINE INDICATES TOP OF EXISTING GRADE. ALONG BUILDING WALL, TYPICAL. 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 23 8 6 7 5 4 5 9 9 18 1 3 1 19 9 7 4 9 3 10 10 1111 EXTERIOR LIGHT FIXTURE MINKA GROUP MODEL 8102-A138-L KIRKHAM 11" WIDE IN ASPEN BRONZE FINISH 9 12 12 12 6 12 6 12 EXTERIOR ELEVATIONS A2.01 Sheet number: Sheet title: Project: Print Date: Drawn By: Issue:Date:Revision:Date: REVIEW 05/27/15 MS 715 W. Main Street, Suite 104 Aspen, Colorado 81611 voice: 970.544.4851 email: LAM@MenendezArchitects.com 5/29/15 CASTLE RIDGE APARTMENTS MAINTENANCE SHED P 1 0 3 V I I I . a A4.01 1 A4.01 2 T.O. CONC. WALL ELEV. 102'-0" 8' - 1 " TOP PLATE ELEV. 110'-1" T.O. CONC. WALL ELEV. 103'-3" VA R I E S TOP PLATE ELEV. VARIES AB 1'-0"1'-0" 12 1'-0"1'-0" T.O. CONC. WALL ELEV. 104'-6" 5' - 7 " TOP PLATE ELEV. 110'-1" ELEV. 100'-0" VA R I E S TOP PLATE ELEV. VARIES EDGE OF CONC. SLAB 3'-0" ELEV. 96'-6" B.O. FOOTING 3 ' - 6 " B.O. FOOTING ELEV. 97'-5" 5 ' - 1 0 " B.O. FOOTING ELEV. 96'-6" 5' - 6 " B.O. FOOTING ELEV. 98'-11" 5' - 7 " NOTES: 1. ALL FIBER BATT INSULATION SHALL BE FORMALDEHYDE FREE. 2. CONTINUOUS RIGID FOAM WALL INSULATION SHALL BE 1 1/2" DOW STYROFOAM BRAND SCOREBOARD EXTRUDED POLYSTYRENE FOAM INSULATION WITH R-5 PER INCH THERMALRESISTANCE VALUE. 3. DRAINAGE/INSULATION BOARD SHALL BE 3 1/2" THICK TREMCO WARM-N-DRI BOARD. 4. NAIL BASE ROOF INSULATION PANELS SHALL BE GAF THERMA-CAL PANELS SCALE: 1/4" = 1'-0"2 BUILDING SECTION SCALE: 1/4" = 1'-0"1 BUILDING SECTION 6 6 12 12 INSULATION SCHEDULE R-15 INSULATION/DRAINAGE BOARD EXTERIOR WOOD FRAMED WALLS R-26.5 TOTAL: R-7.5 CONTINUOUS RIGID FOAM INSULATION ON EXTERIOR + R-19 FIBER BATT CAVITY INSULATION ALL NON-VENTILATED ROOFS R-27.5 5" THICK NAIL BASE POLYISOCYANURATE RIGID INSULATION LOCATIONTYPE A B C CONCRETE FOUNDATION WALLS INSULATION TYPE 'A', SEE SCHEDULE INSULATION TYPE 'B', SEE SCHEDULE INSULATION TYPE 'C', SEE SCHEDULE INSULATION TYPE 'B', SEE SCHEDULE INSULATION TYPE 'A', SEE SCHEDULE INSULATION TYPE 'C', SEE SCHEDULE DOOR SCHEDULE 1 A STEEL1 3/4"FACTORY PAINT WOOD STAIN8'-0"9'-0"TRACK, ELECTRIC OPERATOR, WEATHERSTRIPPING - -- -- -- - MARK TYPE WIDTH HEIGHT THICKNESS MATERIAL HARDWARE SETFINISHFRAMEFINISHHEADSILL COMMENTSJAMB 2 3 A STEEL1 3/4"WOOD STAIN8'-0"9'-0"TRACK, ELECTRIC OPERATOR, WEATHERSTRIPPING - -- -- -- - B 3'-0"8'-0"1 3/4"WOOD/GLASS STAIN WOOD STAIN - -- -- -- - 1 - NOTES: 1. HARDWARE SETS: DOOR TYPES: TYPE 'A': INSULATED SECTIONAL GARAGE DOOR TYPE 'B': HALF GLASS WOOD DOOR FACTORY PAINT BUILDING SECTIONS A3.01 Sheet number: Sheet title: Project: Print Date: Drawn By: Issue:Date:Revision:Date: LU SUBMITTAL 05/29/15 MS 715 W. Main Street, Suite 104 Aspen, Colorado 81611 voice: 970.544.4851 email: LAM@MenendezArchitects.com 5/29/15 CASTLE RIDGE APARTMENTS MAINTENANCE SHED P 1 0 4 V I I I . a 1" METAL ROOFING OVER HIGH TEMPERATURE ICE & WATER SHIELD 2x8 R/S CEDAR TRIM 2" 1'-0" 4" 24 GA. FACTORY FINISHED GALVANIZED SHEET METAL FLASHING 2x6 OUTRIGGER 1/2" EXTERIOR GRADE PLYWOOD ROOF SHEATHING METAL ROOFING HIGH TEMPERATURE ICE & WATER SHIELD 5/8" EXTERIOR GRADE PLYWOOD ROOF SHEATHING 2" 4" 2x8 R/S CEDAR TRIM 2x6 R/S CEDAR TRIM 2x6 NAILING CURB 24 GAUGE FACTORY FINISHED GALVANIZED SHEET METAL FLASHING 1x8 R/S CEDAR TRIM 2x6 OUTRIGGER NAIL BASE INSULATION PANEL 2x8 R/S CEDAR TRIM 2x6 SUB-FASCIA 24 GAUGE FACTORY FINISHED GALVANIZED SHEET METAL FLASHING 1x T&G CEDAR SOFFIT BOARDS 2x6 OUTRIGGER 1/2" EXTERIOR GRADE PLYWOOD ROOF SHEATHING HIGH TEMPERATURE ICE & WATER SHIELD METAL ROOFING HALF-ROUND FACTORY FINISHED GALVANIZED SHEET METAL GUTTER 12" 1/4" 2x6 R/S CEDAR TRIM 1x8 R/S CEDAR TRIM 2x6 NAILING CURB 3SCALE: 3" = 1'-0" TYPICAL ROOF EAVE 4SCALE: 3" = 1'-0" TYPICAL ROOF RAKE 5SCALE: 3" = 1'-0" ENTRY ROOF EAVE A4.01 3 A4.01 4 A4.01 5 ELEV. 100'-0" TOP PLATE ELEV. VARIES VA R I E S T.O. CONC. WALL ELEV. 102'-0" TOP PLATE ELEV. 110'-1" 8' - 1 " 1 B 1'-0" 1'-0" EDGE OF CONC. SLAB ELEV. 96'-6" B.O. FOOTING 3' - 6 " B.O. FOOTING ELEV. 96'-6" 5' - 6 " HORIZONTAL WOOD SIDING RIGID INSULATION, SEE INSULATION SCHEDULE 1/2" EXTERIOR GRADE PLYWOOD WALL SHEATHING FIBER BATT INSULATION, SEE INSULATION SCHEDULE INTERIOR WALL FINISH MATERIAL POURED-IN-PLACE CONCRETE FOUNDATION WALL REINFORCED CONCRETE SLAB ON GRADE DRAINPIPE (WITH FILTER SOCK) AND FREE-DRAINING GRANULAR MATERIAL WRAP GRAVEL IN FILTER FABRIC, TYPICAL HORIZONTAL WOOD SIDING RIGID INSULATION, SEE INSULATION SCHEDULE 1/2" EXTERIOR GRADE PLYWOOD WALL SHEATHING FIBER BATT INSULATION, SEE INSULATION SCHEDULE 6 12 2x6 OUTRIGGER INTERIOR WALL FINISH MATERIAL ROOF TRUSS HALF GLASS ENTRY DOOR 4" ROAD BASE 2x8 OUTRIGGER 2x FASCIA BOARDS 1x FASCIA BOARD FACTORY FINISHED SHEET METAL FLASHING SCALE: 1/2" = 1'-0" WALL SECTION1 SCALE: 1/2" = 1'-0" WALL SECTION2 METAL ROOFING OVER HIGH TEMPERATURE ICE & WATER SHIELD NAIL BASE INSULATION PANEL 5/8" EXTERIOR GRADE PLYWOOD ROOF SHEATHING INSULATION/DRAINAGE BOARD, SEE INSULATION SCHEDULE 4" FREE DRAINING GRAVEL BASE ON COMPACTED SOIL POURED-IN-PLACE CONCRETE FOOTING 2x8 OUTRIGGER FACTORY FINISHED SHEET METAL FLASHING 4" FREE DRAINING GRAVEL BASE ON COMPACTED SOIL WALL SECTIONS & DETAILS A4.01 CASTLE RIDGE APARTMENTS UTILITY SHED Sheet number: Sheet title: Project: Print Date: Drawn By: Issue:Date:Revision:Date: LU SUBMITTAL 05/29/15 MS 715 W. Main Street, Suite 104 Aspen, Colorado 81611 voice: 970.544.4851 email: LAM@MenendezArchitects.com 5/29/15 P 1 0 5 V I I I . a CC and C-1 1st Reading, July 13, 2015 Page 1 of 2 MEMORANDUM TO: Mayor Skadron and City Council FROM: Jessica Garrow, Long Range Planner THRU: Chris Bendon, Community Development Director RE: CC and C-1 Code Amendment Ordinance 25, Series of 2015 DATE: July 13, 2015 (PH August 10, 2015) SUMMARY : The attached Ordinance is for amendments to the City’s Land Use Code to address legally established free-market residential units in the Commercial Core (CC) and Commercial (C-1) zone districts. STAFF RECOMMENDATION : Staff recommends approval of the proposed Ordinance on First Reading. LAND USE REQUESTS AND REVIEW PROCEDURES: This is the 1 st reading of proposed code amendments related to the CC and C-1 zone districts. Pursuant to Land Use Code Section 26.310, City Council is the final review authority for all code amendments. All code amendments are subject to a three-step process. This is the second step in the process: 1. Public Outreach 2. Policy Resolution by City Council indicating if an amendment should be pursued 3. Public Hearings on Ordinance outlining specific code amendments. BACKGROUND: In January 2013, City Council approved a code amendment to the Commercial Core (CC) and Commercial (C-1) zone districts that eliminated free-market residential units as an allowed use in these zones (Ordinance 25, Series 2012). This had the effect of rendering all existing free- market residential units as non-conforming uses. This meant that existing free-market residential units could not expand, and were subject to certain limits on investment and maintenance in the unit. Recently, a group of owners from the Concept 600 building approached the Community Development Department to request relief from the prohibition on free-market residential uses, particularly the investment limitation. A number of owners in that building and others have had difficulty finding bank financing as well as getting homeowners insurance because their units are considered non-conforming. P106 VIII.b CC and C-1 1st Reading, July 13, 2015 Page 2 of 2 OVERVIEW: Staff proposes a code amendment that would allow free-market residential units legally established or approved prior to the adoption of Ordinance 25, Series 2012 in the CC and C-1 zones. No new free-market residential units could be established in these zones. Based on Council feedback during the public hearing on the Policy Resolution, staff has included the ability to expand existing units up to the previous unit size cap of 2,000 sq ft of net livable (2,500 sq ft with the landing of an historic TDR). Floor area, however, is proposed to be limited to what exists today. Staff believes this change is consistent with the direction of the original CC and C-1 code amendments, while recognizing that most existing free-market residential units are not likely to be eliminated by their owners. This code amendment would enable existing owners to maintain their units, and would eliminate the code-related financing obstacles. The code amendment would allow internal expansions or combination of units, but would not allow additional floor area. REFERRALS & OUTREACH: A meeting was held with the Planning and Zoning Commission to obtain feedback on the proposed code amendment. The Planning & Zoning Commission supported the code amendment as proposed by staff. A copy of the meeting minutes is attached as Exhibit C. In addition, staff has worked with the Concept 600 owners and representatives. City Council approved a Policy Resolution on this code amendment, attached as Exhibit D. STAFF RECOMMENDATION: Staff recommends adoption of the proposed ordinance. RECOMMENDED MOTION: “I move to approve Ordinance No. 25, Series of 2015, on first reading.” CITY MANAGER COMMENTS :_____________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ATTACHMENTS: Exhibit A – Staff Findings Exhibit B – CC and C-1 Code Redlines Exhibit C – P&Z meeting minutes, May 19, 2015 Exhibit D – Approved Policy Resolution P107 VIII.b Code Amendment – CC and C-1 First Reading Ordinance 25, Series 2015 Page 1 of 5 ORDINANCE No. 25 (Series of 2015) AN ORDINANCE OF THE ASPEN CITY COUNCIL ADOPTING AMENDMENTS TO CHAPTER 26.710.140 – COMMERCIAL CORE (CC) ZONE DISTRICT, AND CHAPTER 26.710.150 – COMMERCIAL (C-1) ZONE DISTRICT, OF THE CITY OF ASPEN LAND USE CODE. WHEREAS, in accordance with Sections 26.208 and 26.310 of the City of Aspen Land Use Code, the City Council of the City of Aspen directed the Community Development Department to prepare amendments to the Commercial Core (CC) and Commercial (C-1) Zone Districts; and, WHEREAS, pursuant to Section 26.310, applications to amend the text of Title 26 of the Municipal Code shall begin with Public Outreach, a Policy Resolution reviewed and acted on by City Council, and then final action by City Council after reviewing and considering the recommendation from the Community Development; and, WHEREAS, pursuant to Section 26.310.020(B)(1), the Community Development Department conducted Public Outreach regarding the code amendment; and, WHEREAS, pursuant to Section 26.310.020(B)(2), during a duly noticed public hearing on June 22, 2015, the City Council approved Resolution No.64, Series of 2015, requesting code amendments to the Land Use Code for the CC and C-1 Zone Districts; and, WHEREAS, the Community Development Director has recommended approval of the proposed amendments to the City of Aspen Land Use Code Chapter 26.710.140 – Commercial Core (CC) Zone District and Chapter 26.710.150 – Commercial (C-1) Zone District; and, WHEREAS, the Aspen City Council has reviewed the proposed code amendments and finds that the amendments meet or exceed all applicable standards pursuant to Chapter 26.310.050; and, WHEREAS, the Aspen City Council finds that this Ordinance furthers and is necessary for the promotion of public health, safety, and welfare; and NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO THAT: Section 1: Chapter 26.710.140(B)(3) – Commercial Core (CC), Permitted uses, Uses allowed on second floors , shall be amended as follows: 3. Uses allowed on second floors: Retail and restaurant uses, office uses, lodging, timeshare lodge, affordable multi-family housing. Section 2: Chapter 26.710.140(B)(5) – Commercial Core (CC), Permitted uses, Uses allowed on P108 VIII.b Code Amendment – CC and C-1 First Reading Ordinance 25, Series 2015 Page 2 of 5 third floors , shall be amended as follows: 5. Uses allowed on third floors: Lodging and associated commercial uses, only when the entire building is dedicated to lodging and associated commercial uses. Section 3: Chapter 26.710.140(B) – Commercial Core (CC), Permitted uses , shall be amended to add the following subsections: 6. Free-Market Residential units are permitted on any level if they were legally established (having received a Certificate of Occupancy, Development Order, or applied for a Development Order) prior to Ordinance 25 (Series of 2012). No new Free-Market Residential Units may be established. 7. Home Occupations and Vacation Rentals in legally established residential units are permitted on any building level. Section 4: Chapter 26.710.140(D)(12) – Commercial Core (CC), Dimensional requirements, Floor area ratio (FAR) , shall be amended to add the following subsection: e. Free-Market multi-family housing : Limited to the existing FAR. No expansion to FAR shall be permitted. Any subsequent reduction in floor area occupied by such residential use shall be deemed a new limitation and the use shall not thereafter be enlarged to occupy a greater floor area. Section 4: Chapter 26.710.140(D) – Commercial Core (CC), Dimensional requirements , shall be amended as follows: [Subsections 1 – 13 are unchanged, except as outlined above ] 14. Net Livable Area (square feet): a) Affordable multi-family housing : No limitation. b) Free-Market Residential : Overall net livable for a building or project area is limited to the existing net livable square footage. No expansion to overall net livable area shall be permitted. Any subsequent reduction in net livable area occupied by such residential use shall be deemed a new limitation and the use shall not thereafter be enlarged to occupy a greater net livable area. Individual units shall be limited to 2,000 sq. ft. of net livable area. i. Combination of Free-Market residential units is permitted, but subject to the net livable size limitations herein. Commentary: Refer to Chapter 26.470 for procedures related to combining and demolition of residential units. ii. The property owner may increase individual multi-family unit size by extinguishing Historic Transferable Development Right Certificates (“certificate” or “certificates”), subject to the following: P109 VIII.b Code Amendment – CC and C-1 First Reading Ordinance 25, Series 2015 Page 3 of 5 1) The transfer ratio is 500 sq. ft. of net livable area for each certificate that is extinguished. 2) The additional square footage accrued may be applied to multiple units. However, the maximum individual unit size attainable by transferring development rights is 2,500 sq. ft. of net livable area (i.e., no more than 500 additional square feet may be applied per unit). 3) This incentive applies only to individual unit size. Transferring development rights does not allow an increase in the Floor Area Ratio (FAR) of the lot. Commentary: Refer to Chapter 26.535 for the procedures for extinguishing certificates. 15. Commercial/residential ratio: The total free-market residential net livable area shall be no greater than the total above-grade floor area associated with the uses described in Subparagraphs 26.710.140.D.12.a. and b. combined on the same parcel. Section 5: Chapter 26.710.150(B) – Commercial (C-1), Permitted uses, shall be amended as follows: [Subsection 1 shall be unchanged ] 2. Uses allowed on second floors: Lodging, affordable multi-family housing. 3. Uses allowed on third floors: Lodging and associated commercial uses, only when the entire building is dedicated to lodging and associated commercial uses. 4. Free-Market Residential units are permitted on any level if they were legally established (having received a Certificate of Occupancy, Development Order, or applied for a Development Order) prior to Ordinance 25 (Series of 2012). No new Free-Market Residential Units may be established. 5. Home Occupations and Vacation Rentals in legally established residential units are permitted on any building level. Section 6: Chapter 26.710.150(D)(12) – Commercial (C-1), Dimensional requirements, Floor area ratio (FAR) , shall be amended to add the following subsection: f. Free-Market multi-family housing : Limited to the existing FAR. No expansion to FAR shall be permitted. Any subsequent reduction in floor area occupied by such residential use shall be deemed a new limitation and the use shall not thereafter be enlarged to occupy a greater floor area. P110 VIII.b Code Amendment – CC and C-1 First Reading Ordinance 25, Series 2015 Page 4 of 5 Section 7: Chapter 26.710.150(D) – Commercial (C-1), Dimensional requirements , shall be amended as follows: [Subsections 1 – 13 are unchanged, except as outlined above ] 14. Net Livable Area (square feet): a) Affordable multi-family housing : No limitation. b) Free-Market Residential : Overall net livable for a building or project area is limited to the existing net livable square footage. No expansion to overall net livable area shall be permitted. Any subsequent reduction in net livable area occupied by such residential use shall be deemed a new limitation and the use shall not thereafter be enlarged to occupy a greater net livable area. Individual units shall be limited to 2,000 sq. ft. of net livable area. i. Combination of Free-Market residential units is permitted, but subject to the net livable size limitations herein. Commentary: Refer to Chapter 26.470 for procedures related to combining and demolition of residential units. ii. The property owner may increase individual multi-family unit size by extinguishing Historic Transferable Development Right Certificates (“certificate” or “certificates”), subject to the following: 4) The transfer ratio is 500 sq. ft. of net livable area for each certificate that is extinguished. 5) The additional square footage accrued may be applied to multiple units. However, the maximum individual unit size attainable by transferring development rights is 2,500 sq. ft. of net livable area (i.e., no more than 500 additional square feet may be applied per unit). 6) This incentive applies only to individual unit size. Transferring development rights does not allow an increase in the Floor Area Ratio (FAR) of the lot. Commentary: Refer to Chapter 26.535 for the procedures for extinguishing certificates. 15. Commercial/residential ratio: The total free-market residential net livable area shall be no greater than the total above-grade floor area associated with the uses described in Subparagraphs 26.710.150.D.12.a. and b. combined on the same parcel. Section 8: Any scrivener’s errors contained in the code amendments herein, including but not limited to mislabeled subsections or titles, may be corrected administratively following adoption of the Ordinance. Section 9: Effect Upon Existing Litigation. P111 VIII.b Code Amendment – CC and C-1 First Reading Ordinance 25, Series 2015 Page 5 of 5 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 10: Severability. 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 11: Effective Date. In accordance with Section 4.9 of the City of Aspen Home Rule Charter, this ordinance shall become effective thirty (30) days following final passage. Section 12: A public hearing on this ordinance was held on the __ th day of ______________, at a meeting of the Aspen City Council commencing at 5:00 p.m. in the City Council Chambers, Aspen City Hall, Aspen, Colorado, a minimum of fifteen days prior to which hearing a public notice of the same was 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 the ____ day of ____________, 2014. Attest: __________________________ ____________________________ Linda Manning, City Clerk Steven Skadron, Mayor FINALLY , adopted, passed and approved this ___ day of ______, 2015. Attest: __________________________ ___________________________ Linda Manning, City Clerk Steven Skadron, Mayor Approved as to form: ___________________________ James R. True, City Attorney P112 VIII.b Exhibit A – Staff Findings CC and C-1, 1st Reading – 7/13/2015 Page 1 of 2 Exhibit A: Staff Findings 26.310.050 Amendments to the Land Use Code Standards of review - Adoption. In reviewing an application to amend the text of this Title, per Section 26.310.020(B)(3), Step Three – Public Hearing before City Council , the City Council shall consider: A. Whether the proposed amendment is in conflict with any applicable portions of this Title. Staff Findings: The proposed amendment is not in conflict with any applicable portion of Title 26. It amends the CC and C-1 zone districts to allow legally established free-market residential units (having received a Certificate of Occupancy, Development Order, or applied for a Development Order) to remain in these zones. It does not allow increases in floor area for the use, nor does it allow new residential units. Staff finds this criterion to be met. B. Whether the proposed amendment achieves the policy, community goal, or objective cited as reasons for the code amendment or achieves other public policy objectives. Staff Findings: Staff believes there is a community interest in allowing existing free-market residential units to be maintained. Despite the code prohibition on free-market residential units, it is highly unlikely that these units will disappear. This code amendment clarifies the 2013 CC and C1 zone districts changes (Ordinance 12, Series 2012) by maintaining the prohibition on new free-market residential units and expansion of existing units, while enabling regular maintenance and upkeep of existing free-market residential units. This is consistent with the AACP goals of creating certainty in the land use process (pg 27) for these homeowners, as well as controlling and limiting the location and massing of free-market homes (pg 25). Potential benefits to making the use conforming include removing the owners’ disincentive to invest in the upkeep of their properties, and removing the barrier that a nonconforming designation has to attaining financing for such improvements. The existing prohibition on new free market residential uses would remain. Staff finds this criterion to be met. C. Whether the objectives of the proposed amendment are compatible with the community character of the City and in harmony with the public interest and the purpose and intent of this Title. Staff Findings: The objective of this code amendment is to enable residents to maintain their existing residential units located in the CC and C-1 zone districts. Staff finds this objective is compatible with Aspen’s community character, the land use code, and the public interest. Staff finds this criterion to be met. P113 VIII.b Exhibit A – Staff Findings CC and C-1, 1st Reading – 7/13/2015 Page 2 of 2 P114 VIII.b Exhibit B – Land Use Code Redlines, CC & C-1 zones Page 1 of 8 Exhibit B: Land Use Code Redlines 26.710.140 Commercial Core (CC). A. Purpose. The purpose of the Commercial Core (CC) Zone District is to allow the use of land for retail, service commercial, recreation and institutional purposes within mixed-use buildings to support and enhance the business and service character in the historic central business core of the City. The district permits a mix of retail, office, lodging, affordable housing, free-market housing, and short term vacation rental uses oriented to both local and tourist populations to encourage a high level of vitality. Retail and restaurant uses are appropriate for ground floors of buildings while residential and office uses are not permitted on ground floors. B. Permitted uses. The following uses are permitted as of right in the Commercial Core (CC) Zone District: 1. Uses allowed on basement floors: Retail and restaurant uses, office uses, uses and building elements necessary and incidental to uses on other floors. Lodging uses, only when the entire building is dedicated to lodging and associated commercial use. 2. Uses allowed on the ground floor: Retail and restaurant uses and uses and building elements necessary and incidental to uses on other floors. Lodging uses, only when the entire building is dedicated to lodging and associated commercial use. Office uses are prohibited on the ground floor except within spaces set back a minimum of forty (40) feet from a street and recessed behind the front-most street-facing façade. This prohibition shall not apply to split-level buildings (see definition) or properties north of Main Street. Parking shall not be allowed as the sole use of the ground floor. Automobile drive-through service is prohibited. 3. Uses allowed on second floors: Retail and restaurant uses, office uses, lodging, timeshare lodge, affordable multi-family housing., home occupations and vacation rentals in new residential units and any residential unit established prior to the adoption of Ordinance No. 25 (Series of 2012). 4. Uses allowed on basement, ground and second floors: Retail and restaurant uses, neighborhood commercial uses, service uses, arts, cultural and civic uses, public uses, recreational uses, academic uses, child care center, accessory uses and structures, storage accessory to a permitted use, uses and building elements necessary and incidental to uses on other floors, including parking accessory to a permitted use, and farmers' market, provided that a vending agreement is obtained pursuant to Section 15.04.350(B). 5. Uses allowed on third floors: Lodging and associated commercial uses, only when the entire building is dedicated to lodging and associated commercial uses, and vacation rentals in residential units established prior to the adoption of Ordinance No. 25 (Series of 2012). 6. Free-Market Residential units are permitted on any level if they were legally established (having received a Certificate of Occupancy, Development Order, or P115 VIII.b Exhibit B – Land Use Code Redlines, CC & C-1 zones Page 2 of 8 applied for a Development Order) prior to Ordinance 25 (Series of 2012). No new Free-Market Residential Units may be established. 5.7.Home Occupations and Vacation Rentals in legally established residential units are permitted on any building level. C. Conditional uses. The following uses are permitted as conditional uses in the Commercial Core (CC) Zone District, subject to the standards and procedures established in Chapter 26.425: 1. Gasoline service station. 2. Commercial parking facility, pursuant to Chapter 26.515. D. Dimensional requirements. The following dimensional requirements shall apply to all permitted and conditional uses in the Commercial Core (CC) Zone District: 1. Minimum Gross Lot Area (square feet): No requirement. 2. Minimum Net Lot Area per dwelling unit (square feet): No requirement. 3. Minimum lot width (feet): No requirement. 4. Minimum front yard setback (feet): No requirement. 5. Minimum side yard setback (feet): No requirement. 6. Minimum rear yard setback (feet): No requirement 7. Minimum utility/trash/recycle area: Pursuant to Section 26.575.060. 8. Maximum height (feet): a) For properties located on the south side of a Street: (1) Twenty-Eight (28) feet for two story elements of a building. b) For properties located on the north side of a Street: (1) Twenty-Eight (28) feet for two story elements of a building. (2) Thirty-eight (38) feet for three-story elements of a building, which may be increased to forty (40) feet through commercial design review. See Chapter 26.412 and the Commercial, Lodging and Historic District Design Objectives and Guidelines. (a) Achieving the maximum height is subject to compliance with applicable design standards, view plane requirements, public amenity requirements and other dimensional standards. Accordingly, the maximum height is not an entitlement and is not achievable in all situations. (b) The footprint of all third story conditioned space shall not exceed 50% of the gross parcel square footage. The location of the third story is subject to review and compliance with Chapter 26.412 and the Commercial, Lodging P116 VIII.b Exhibit B – Land Use Code Redlines, CC & C-1 zones Page 3 of 8 and Historic District Design Objectives and Guidelines. City Council may approve third story conditioned space that exceeds this footprint limitation if the proposed development is compatible with the community character and is in harmony with the public interest. 9. Minimum floor to floor heights: a) Minimum First Floor to Second Floor floor-to-floor: Thirteen (13) feet. b) Minimum Upper Floor-to-ceiling height: Nine (9) feet. c) Floor-to-Ceiling heights in upper floors shall be less than the floor-to-ceiling height of the first floor. 10. Minimum distance between buildings on the lot (feet): No requirement. 11. Public amenity space: Pursuant to Section 26.575.030. 12. Floor area ratio (FAR): The following FAR schedule applies to uses cumulatively up to a total maximum FAR of 2.75:1. Achieving the maximum floor area ratio is subject to compliance with applicable design standards, view plane requirements, public amenity requirements and other dimensional standards. Accordingly, the maximum FAR is not an entitlement and is not achievable in all situations. a. Commercial uses: 2:1. b. Arts, cultural and civic uses, public uses, recreational uses, academic uses, child care center and similar uses: 2.75:1. c. Affordable multi-family housing: No limitation. d. Lodging: 0.5:1, which may be increased to 2.5:1 if the individual lodge units on the parcel average five hundred (500) net livable square feet or less, which may be comprised of lock-off units. d.e. Free-Market multi-family housing: Limited to the existing FAR. No expansion to FAR shall be permitted. Any subsequent reduction in floor area occupied by such residential use shall be deemed a new limitation and the use shall not thereafter be enlarged to occupy a greater floor area. 13. Maximum lodge unit size (square feet): 1,500. When units are comprised of lock-off units, this maximum shall apply to the largest possible combination of units. 14. Net Livable Area (square feet): a) Affordable multi-family housing: No limitation. b) Free-Market Residential: Overall net livable for a building or project area is limited to the existing net livable square footage. No expansion to overall net livable area shall be permitted. Any subsequent reduction in net livable area occupied by such residential use shall be deemed a new limitation and the use shall not thereafter be enlarged to occupy a greater net livable area. Individual units shall be limited to 2,000 sq. ft. of net livable area. P117 VIII.b Exhibit B – Land Use Code Redlines, CC & C-1 zones Page 4 of 8 i. Combination of Free-Market residential units is permitted, but subject to the net livable size limitations herein. Commentary: Refer to Chapter 26.470 for procedures related to combining and demolition of residential units. ii. The property owner may increase individual multi-family unit size by extinguishing Historic Transferable Development Right Certificates (“certificate” or “certificates”), subject to the following: 1) The transfer ratio is 500 sq. ft. of net livable area for each certificate that is extinguished. 2) The additional square footage accrued may be applied to multiple units. However, the maximum individual unit size attainable by transferring development rights is 2,500 sq. ft. of net livable area (i.e., no more than 500 additional square feet may be applied per unit). 3) This incentive applies only to individual unit size. Transferring development rights does not allow an increase in the Floor Area Ratio (FAR) of the lot. Commentary: Refer to Chapter 26.535 for the procedures for extinguishing certificates. 13. 14.15. Commercial/residential ratio: The total free-market residential net livable area shall be no greater than the total above-grade floor area associated with the uses described in Subparagraphs 26.710.140.D.12.a. and b. combined on the same parcel. P118 VIII.b Exhibit B – Land Use Code Redlines, CC & C-1 zones Page 5 of 8 26.710.150 Commercial (C-1). A. Purpose. The purpose of the Commercial (C-1) Zone District is to provide for the establishment of mixed-use buildings with commercial uses on the ground floor, opportunities for affordable residential density, and to support vacation rentals of residential dwelling units. A transition between the commercial core and surrounding residential neighborhoods has been implemented through a slight reduction in allowable floor area as compared to the commercial core, the ability to occupy the ground floor with offices, and a separate chapter in the commercial design guidelines B. Permitted uses. The following uses are permitted as of right in the Commercial (C-1) Zone District: 1. Uses allowed on basement, ground and second floors: Retail and restaurant uses, neighborhood commercial uses, service uses, lodging uses, office uses, arts, cultural and civic uses, public uses, recreational uses, academic uses, child care center, bed and breakfast, accessory uses and structures, uses and building elements necessary and incidental to uses on other floors, including parking accessory to a permitted use, storage accessory to a permitted use, farmers' market, provided that a vending agreement is obtained pursuant to Section 15.04.350(b). Parking shall not be allowed as the sole use of the ground floor. Automobile drive-through service is prohibited. 2. Uses allowed on second floors: Lodging, affordable multi-family housing, home occupations, and vacation rentals in new residential units and any residential unit established prior to the adoption of Ordinance 25, 2012. 3. Uses allowed on third floors: Lodging and associated commercial uses, only when the entire building is dedicated to lodging and associated commercial uses, and vacation rentals in residential units established prior to the adoption of Ordinance 25, 2012. 4. Free-Market Residential units are permitted on any level if they were legally established (having received a Certificate of Occupancy, Development Order, or applied for a Development Order) prior to Ordinance 25 (Series of 2012). No new Free-Market Residential Units may be established. 3.5.Home Occupations and Vacation Rentals in legally established residential units are permitted on any building level. C. Conditional uses. The following uses are permitted as conditional uses in the Commercial (C-1) Zone District, subject to the standards and procedures established in Chapter 26.425: 1. Affordable multi-family housing or home occupations on the ground floor. 2. Commercial parking facility, pursuant to Section 26.515. D. Dimensional requirements. The following dimensional requirements shall apply to all permitted and conditional uses in the Commercial (C-1) Zone District: 1. Minimum Gross Lot Area (square feet): P119 VIII.b Exhibit B – Land Use Code Redlines, CC & C-1 zones Page 6 of 8 a. Bed and breakfast: 3,000. b. All other uses: No requirement. 2. Minimum Net Lot Area per dwelling unit (square feet): a. Bed and breakfast: Same as R-6 Zone District. b. All other uses: No requirement. 3. Minimum lot width (feet): a. Bed and breakfast: Same as R-6 Zone District. b. All other uses: No requirement. 4. Minimum front yard setback (feet): a. Bed and breakfast: Same as R-6 Zone District. b. All other uses: No requirement. 5. Minimum side yard setback (feet): a. Bed and breakfast: Same as R-6 Zone District. b. All other uses: No requirement. 6. Minimum rear yard setback (feet): a. Bed and breakfast: Same as R-6 Zone District. b. All other uses: No requirement. 7. Minimum utility/trash/recycle area: Pursuant to Section 26.575.060. 8. Maximum height: a. Bed and breakfast: Same as R-6 Zone District. b. All other uses: i. For properties located on the south side of a Street: 1. Twenty-Eight (28) feet for two story elements of a building. ii. For properties located on the north side of a Street: 1. Twenty-Eight (28) feet for two-story elements of a building. Thirty-six (36) feet for three-story elements of a building, which may be increased to thirty- eight (38) feet through commercial design review. See Chapter 26.412 and the Commercial, Lodging and Historic District Design Objectives and Guidelines. 2. Achieving the maximum height is subject to compliance with applicable design standards, view plane requirements, public amenity requirements and other dimensional standards. Accordingly, the maximum height is not an entitlement and is not achievable in all situations. P120 VIII.b Exhibit B – Land Use Code Redlines, CC & C-1 zones Page 7 of 8 3. The footprint of all third story conditioned space shall not exceed 50% of the gross parcel square footage. The location of the third story is subject to review and compliance with Chapter 26.412 and the Commercial, Lodging and Historic District Design Objectives and Guidelines. City Council may approve third story conditioned space that exceeds this footprint limitation if the proposed development is compatible with the community character and is in harmony with the public interest. 9. Minimum floor heights: a. Minimum First Floor to Second Floor floor-to-floor height: Eleven (11) feet. b. Minimum Upper Floor-to-ceiling height: Nine (9) feet. c. Floor-to-Ceiling heights in upper floors shall be less than the floor-to-ceiling height of the first floor. 10. Minimum distance between buildings on the lot (feet): a. Bed and breakfast: Same as R-6 Zone District. b. All other uses: No requirement. 11. Public amenity space: Pursuant to Section 26.575.030. 12. Floor area ratio (FAR): The following FAR schedule applies to uses cumulatively up to a total maximum FAR of 2.5:1. Achieving the maximum floor area ratio is subject to compliance with applicable design standards, view plane requirements, public amenity requirements and other dimensional standards. Accordingly, the maximum FAR is not an entitlement and is not achievable in all situations. a. Commercial uses: 1.5:1. b. Arts, cultural and civic uses, public uses, recreational uses, academic uses, child care center and similar uses: 2.5:1. c. Affordable multi-family housing: No limitation. d. Lodging: .5:1, which may be increased to 2:1 if the individual lodge units on the parcel average five hundred (500) net livable square feet or less, which may be comprised of lock-off units. e. Bed and breakfast (as the sole use of parcel and not cumulative with other uses): Eighty percent (80%) of allowable floor area of a same-sized lot located in the R-6 Zone District. (See R-6 Zone District.) Extinguishment of historic TDRs shall not permit additional FAR for single-family or duplex development. f. Free-Market multi-family housing: Limited to the existing FAR. No expansion to FAR shall be permitted. Any subsequent reduction in floor area occupied by such residential use shall be deemed a new limitation and the use shall not thereafter be enlarged to occupy a greater floor area. P121 VIII.b Exhibit B – Land Use Code Redlines, CC & C-1 zones Page 8 of 8 13. Maximum lodge unit size (square feet): 1,500. When units are comprised of lock-off units, this maximum shall apply to the largest possible combination of units. 13. 14. Net Livable Area (square feet): a) Affordable multi-family housing: No limitation. b) Free-Market Residential: Overall net livable for a building or project area is limited to the existing net livable square footage. No expansion to overall net livable area shall be permitted. Any subsequent reduction in net livable area occupied by such residential use shall be deemed a new limitation and the use shall not thereafter be enlarged to occupy a greater net livable area. Individual units shall be limited to 2,000 sq. ft. of net livable area. iii. Combination of Free-Market residential units is permitted, but subject to the net livable size limitations herein. Commentary: Refer to Chapter 26.470 for procedures related to combining and demolition of residential units. iv. The property owner may increase individual multi-family unit size by extinguishing Historic Transferable Development Right Certificates (“certificate” or “certificates”), subject to the following: 4) The transfer ratio is 500 sq. ft. of net livable area for each certificate that is extinguished. 5) The additional square footage accrued may be applied to multiple units. However, the maximum individual unit size attainable by transferring development rights is 2,500 sq. ft. of net livable area (i.e., no more than 500 additional square feet may be applied per unit). 6) This incentive applies only to individual unit size. Transferring development rights does not allow an increase in the Floor Area Ratio (FAR) of the lot. Commentary: Refer to Chapter 26.535 for the procedures for extinguishing certificates. 14.15. Commercial/residential ratio: The total free-market residential net livable area shall be no greater than the total above-grade floor area associated with the uses described in Subparagraphs 26.710.150.D.12.a. and b. combined on the same parcel. P122 VIII.b Regular Meeting Planning & Zoning Commission May 19, 2015 Mr. Gibbs added that allowing houses to timeshare may encourage higher occupancy which he supports. Mr. Mesirow added he would support changes to allow higher occupancy as well. CC / C-1 Clarifications Ms. Levy provided the background regarding the impacts to free market residential units located in CC and C-1 zone districts with the enactment of Ordinance 25, series 2012. Permitted uses on the fourth floor are not addressed in the code, despite the existence of several buildings with four floors above ground level in both districts. The City has received requests from owners of the fourth floor units who wish to upgrade or expand their units. The current code allows the units to continue to exist, but consider them units of non-conforming use and therefore subject to the non-conforming portion of the code. The owners of the units experience difficulties obtaining financing and building permits based on the non-conforming status. Staff is proposing to amend the code to clarify the free market residential units established prior to Ordinance 25, series 2012 continue in CC and C-1 as conforming as long as they do not expand. Currently there is a 10% cap for a 12 month period to improve or maintain a non-conforming unit. One of the properties impacted is the Concept 600 building located at 600 E Main St. Mr. Bendon explained the non-conforming portion of the code needs a complete review and upgrades. He also explained at the time Ordinance 25, series 2015 was approved, emphasis was placed on reducing height to 28 ft and eliminating new penthouses and not necessarily realizing the impacts to existing units. He is aware there is a substantial number of units impacted by this ordinance. He also feels the 10% cap does not make sense for the residential units. Mr. Bendon then stated this was not technically a public hearing but was aware of members of the public at the meeting who may want to provide comment if allowed. Mr. Walterscheid then asked for members of the public to provide comment if they wished. Mr. Jim Smith lives at the Concept 600 building is also president of the homeowners association. He stated he became aware of the issues when he attempted to obtain a building permit six months ago to expand their porch. He stated they would like to see the long existing free market resident units recognized as conforming. He reviewed old meetings in an effort to determine the focus of the efforts to approve Ordinance 25, series 2012 which he feels focused on future development instead of the existing units. He also feels it was an unintended consequence. He would like the code to be clarified to allow units to be maintained, upgraded and improved as needed as well as allow other provisions available prior to the ordinance. Ms. Lindsey Smith also lives at the Concept 600 building. She described the type of tenants in the building including long term renters, short term renters, and locals. The free market units are not separated from the renters. She feels the building represents a cross section of the visitors and residents of Aspen. Many improvements have been completed to the building to meet safety and ADA requirements. She reiterated the same requests as Mr. Smith. Mr. Bill Sterling is a commercial user of the building as of 1978. He is troubled by the non-conforming status and feels it may negatively impact the real estate market values and impede financing. He would like the ordinance to be amended to allow flexibility to maintain and upgrade the units. He feels the ordinance had unintended consequences. Page 4 P123 VIII.b Regular Meeting Planning & Zoning Commission May 19, 2015 Mr. Jody Edwards represents the unit owners and feels Staff’s proposal is a good first step. He is concerned the owners will not be able to expand their units. As examples, he stated owners may want to expand their deck to the near wall, combine w adjacent units or extend the top roof to cover their deck. He noted some owners had completed similar projects in the past. Mr. Walterscheid then closed the public comment portion of the meeting. Mr. Walterscheid asked Staff for rebuttal. Mr. Bendon stated Staff wants to focus on making the units conforming to stay with the intent of the ordinance. The owners have other mechanisms to utilize to pursue expansions or changes in use for the units. Mr. Walterscheid then asked for comments from the commissioners. Ms. Tygre does not like to change code that only affects one property but feels the ordinance was over- reaching. She feels it is best to keep the scope narrow at this point in time. Mr. Gibbs agreed. Mr. Mesirow asked if the intent of City Council was to cease development of larger penthouses. Mr. Bendon stated he doesn’t expect the units to amortize away and feels at the time the ordinance was approved, the focus was on the impact the penthouses had on the commercial use of the buildings along with height, mass and scale. Mr. McNellis asked how the 10% cap was determined. Mr. Bendon stated it is an outdated percentage and Ms. Levy added that she found other cities are eliminating the cap altogether. Mr. Bendon stated Staff will present options to City Council to consider to move forward. Land Use Code Applicability Ms. Garrow described the proposed code amendments to address minor amendments, major amendments and multi-step processes. P&Z supports staff’s recommendations. Mr. Walterscheid then adjourned the meeting. Cindy Klob City Clerk’s Office, Records Manager Page 5 P124 VIII.b Resolution No. 64, Series 2015 CC and C-1 code amendment Page 1 of 2 RESOLUTION NO. 64 (SERIES OF 2015) A RESOLUTION OF THE CITY OF ASPEN CITY COUNCIL REQUESTING AMENDMENTS TO THE LAND USE CODE FOR THE CC AND C1 ZONE DISTRICT. WHEREAS, pursuant to Section 26.310.020(A), the Community Development Department received direction from City Council to amend the CC and C-1 zone districts; and, WHEREAS, pursuant to Section 26.310.020(B)(1), the Community Development Department conducted Public Outreach with the Planning and Zoning Commission and certain existing free-market residential property owners; and, WHEREAS, City Council has reviewed the proposed code amendment policy direction, and finds it meets the criteria outlined in Section 26.310.040; and, WHEREAS, pursuant to Section 26.310.020(B)(2), during a duly noticed public hearing on June 22, 2015, the City Council approved Resolution No. 64, Series of 2015, by a three to one (3-1) vote, requesting code amendments to the Land Use Code; and, WHEREAS, this Resolution does not amend the Land Use Code, but provides direction to staff for amending the Land Use Code; and, WHEREAS, the City Council finds that this Resolution furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN AS FOLLOWS: Section 1: Code Amendment Objective and Direction City Council hereby directs staff to draft and pursue a code amendment to the CC and C-1 Zone Districts. The objective of this code amendment is to enable residents to maintain their existing free-market residential units located in the CC and C-1 zone districts. The prohibition on new free-market residential units shall remain in place. Section 2: This resolution 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 resolutions or ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior resolutions or ordinances. Section 3: If any section, subsection, sentence, clause, phrase, or portion of this resolution is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion P125 VIII.b Resolution No. 64, Series 2015 CC and C-1 code amendment Page 2 of 2 shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. FINALLY, adopted this 22 day of June, 2015. _______________________________ Steven Skadron, Mayor ATTEST: APPROVED AS TO FORM: _______________________________ ______________________________ Linda Manning, City Clerk James R True, City Attorney P126 VIII.b Page 1 of 5 MEMORANDUM TO: Mayor and City Council FROM: Sara Nadolny, Planner Technician THRU: Chris Bendon, Community Development Director MEETING DATE: July 13, 2015 RE: Obermeyer Place – Rezoning and Minor Amendment to a Planned Development Project Review Approval, First Reading of Ordinance No. 26, Series of 2015 APPLICANT/OWNERS: Obermeyer Place Condominium Association REPRESENTATIVE: Jerome Simecek, Director of Operations LOCATION: Obermeyer Pl., 601 Rio Grande Place (mgmt. office), Aspen, CO 81611 CURRENT ZONING & USE: SCI, with a few units that are permitted both SCI and NC uses. This parcel contains a mix of residential, commercial, service and industrial uses, as well as a fitness club. PROPOSED LAND USE: The property will continue the same mix of uses. The applicant is requesting a zoning change from SCI to NC, and a PD amendment to continue SCI uses. SUMMARY: Obermeyer Pl. was approved in 2003 and zoned SCI with a series of office and limited NC uses. The SCI zone district is very limiting in its allowed uses, while the NC zone district allows for more general categories of uses, including commercial. Since the project’s opening, many owners of Obermeyer Pl. units have struggled to find tenants with businesses that fit the list of specific uses of the SCI zone district. The result is empty units, contributing to the lack of vitality in this area. Based on this ten-year history and City Council’s goal to reinvigorate the SCI properties, Staff encouraged the Obermeyer Pl. owners to apply for this rezoning. Staff supports rezoning the project to NC as the expansion in uses will increase the likelihood that vacant units can be filled. Amending the PD to permit SCI uses will ensure no existing use becomes non-conforming, and will still allow those industrial uses to locate here. On May 26th P&Z reviewed this case in a public hearing and provided a recommendation of denial for the rezoning and PD amendment. The Commission recommended Council examine and amend the entire SCI zone district instead. STAFF RECOMMENDATION: Staff recommends City Council approve the request to rezone the SCI units within the Obermeyer Place PD to Neighborhood Commercial (NC), and to amend the PD to permit SCI uses. NC zoning will allow this project to best meet community needs, fill dormant spaces with productive businesses and is not expected to provoke redevelopment. P127 VIII.c Page 2 of 5 Figure B: Location of subject property LAND USE REQUESTS AND REVIEW PROCEDURES: The Applicant is requesting the following land use approvals:  Rezoning – pursuant to Land Use Code Section 26.310.060. Staff has obtained a referral from the P&Z. City Council is the final review authority in this matter.  Minor Amendment to a Project Review approval – pursuant to Land Use Code Section 26.445.110. City Council is the final review authority in this matter. PROJECT LOCATION AND BACKGROUND: Obermeyer Place is located just north of the commercial core between Main St. and Rio Grande Pl. The parcel measures approximately 2.6 acres in size, and contains five separate buildings with a mix of uses. The zoning for the property is Service, Commercial, Industrial (SCI) with a Planned Development (PD) overlay. The planned development approval allows for an 850 sq. ft. space and the outdoor seating area outside of building #5 for either SCI or Neighborhood Commercial (NC) uses. Additionally, the approval lists eight spaces that are considered to be legally established non-conformities for the SCI zone district. These spaces are all office uses, with the exception of the fitness club. These non-conforming uses existed prior to the redevelopment of Obermeyer Pl. and were allowed to be maintained within the redeveloped PD. The Obermeyer Pl. PD was granted final approval in 2003 via Ordinance No. 18. The final plat was recorded in June, 2004. Obermeyer Place was envisioned as a vibrant area adjacent to the downtown core that provided a place for service-oriented and industrial businesses, surface and underground parking for public and private needs, free-market and deed-restricted housing, and that served as a link between the river and the city’s core area. RECENT HISTORY: In 2013 the City Council directed Staff to examine the SCI zoned areas within the City and determine whether these areas are functioning successfully. In response, Staff performed public outreach and held community meetings to gauge owners’ experience in these locations, and their potential interest in rezoning. Neighborhood Commercial (NC) was found to be the most logical zone district that would reflect the current needs and uses of the tenants, while allowing for more variety of uses. A high level of interest in change was found at Obermeyer Pl. where owners expressed difficulty in attracting businesses to the area that concur with the zoning. As a planned development, P128 VIII.c Page 3 of 5 Obermeyer Pl. serves as an excellent example of where rezoning may work. The dimensions of structures are set by the PD, and there is no threat at this point of redevelopment. Respondents overwhelmingly expressed that an expansion of allowed uses may be the key factor in revitalizing the area and allowing perpetually vacant spaces to be filled. CURRENT REQUEST: The applicant is interested in changing the underlying zoning of Obermeyer Place from SCI to NC. The applicant is further proposing an amendment to the PD approvals to allow the uses associated with the SCI zone district within any unit in Obermeyer Pl. The rezoning will expand the allowed uses, while the PD amendment will prevent the creation of non-conforming uses for existing businesses that are current tenants of Obermeyer Place, for example, the wood shop. It will also still allow for all SCI uses to locate in this area. P&Z REFERRAL: On May 26, 2015 this matter went before P&Z in a public hearing to provide a recommendation to City Council. After a lengthy discussion, P&Z provided a recommendation of denial for the current requests, recommending the City Council revisit and amend the entire SCI zone district code language to determine changes that might be made to resolve the issues presented in this current land use case. STAFF COMMENTS: The SCI zone district permits a very narrow set of uses (see Exhibit A). For example, typesetting and coffee roasting are two of the permitted uses, while office use is not. This specificity of uses creates a burden on Obermeyer Pl. unit owners to find tenants with businesses that fit within the limited list of uses allowed within the SCI zone district. Staff regularly receives requests from business owners who are interested in locating at Obermeyer Pl, but often these requests are denied as the business does not fit within the allowed uses. Exhibit B to this memo outlines the common requests that have been denied in recent years within all SCI zoned areas. This has had the unintended consequence of many units remaining vacant for long periods of time. Through the years a number of businesses have considered spaces within Obermeyer Pl. Aspen Medical Care physician’s offices required an amendment to the SCI zoning. The Aspen Police Dept. has recently located in one of the Obermeyer buildings, which required a temporary use approval. The nature of Obermeyer Pl. is changing and more office-type businesses are seeking success in this area. Rather than consider these on a case by case basis, Staff suggests changing the zoning to allow such uses and recognize the progression of industries. For instance, the Figure C: Image of vacant unit at Obermeyer Place P129 VIII.c Page 4 of 5 current evolution of typesetting, an allowed use in SCI, may now appear more as an office, with a desk and computer as its primary tools. In response to the review criteria for rezoning, Staff does not anticipate any changes to demands on public facilities that was not originally planned for with the development of Obermeyer Pl, nor will the rezoning exceed the availability of current public facilities. Staff does not anticipate any significant adverse impacts to the natural environment as a result of this proposal; the zoning change would merely allow an expansion of uses in an area that was constructed to handle such usage. The NC zone district permits uses such as retail, office and public uses among others. Rezoning the property to NC increases the likelihood of bringing more businesses to the area. The proposed amendment is consistent and compatible with the community character and in harmony with the public interest and intent of the Land Use Code. The surrounding zone districts include C-1 and CC, which are both commercial zone districts, R/MF/PD which is a residential parcel, R-6/PD which contains the Fraternal Order of the Eagles, and PUB/PD which is the Rio Grande Park area. Commercial and residential uses are permitted within the NC zone district. The Fraternal Order of the Eagles is located on a site that would typically be used residentially; however, this fraternal club is also compatible with the commercial uses found in the NC zone district. The Rio Grande Park to the north provides an excellent buffer from the mix of uses associated with the NC zone district, and the level of vitality that was initially anticipated for Obermeyer Pl. Staff finds that the rezoning will maintain compatibility between Obermeyer Pl. and the surrounding parcels. The majority of the criteria related to the Minor PD Amendment do not apply to this application. The Obermeyer Pl. Planned Development Guide sets the dimensions of the structures on the site which is not proposed to be changed with this application. Staff finds that the proposal to maintain SCI uses in conjunction with the proposed rezoning will aid in a significant community goal, which is to enhance the vitality of this region and allow for uses that are difficult to locate within the city. When it was first created, Obermeyer Pl., with its underlying SCI zoning, was expected to function as a vibrant, essential part of the city that allowed for uses that would otherwise be difficult to locate elsewhere, potentially forcing them out of the Aspen community. However, the demand for industrial types of businesses has not been strong. The exclusionary zoning of the SCI zone district’s uses has provided too narrow an industry selection, and has not brought in the businesses once imaged. Staff believes that by opening up the allowed uses in the way that the NC zone district does Obermeyer Pl. has a better chance at becoming that successful, vibrant community space that was originally planned. While the SCI zone district code language may benefit from an overhaul, Staff finds the functionality of Obermeyer Pl. to still more closely align with the permitted uses within the NC zone district. Staff finds all relevant criteria regarding rezoning and an amendment to the Planned Development approvals to be met, and recommends City Council approval. P130 VIII.c Page 5 of 5 RECOMMENDED MOTION (ALL MOTIONS ARE WORDED IN THE AFFIRMATIVE): “I move to adopt Ordinance No. 26, Series of 2015 upon first reading.” CITY MANAGER COMMENTS: ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ___________________________________________________________________________ ATTACHMENTS:  EXHIBIT A1 – Zone Comparison Overview  Exhibit A2 – Land Use Code Sections SCI and NC  EXHIBIT B – Denied requests for locating in the SCI zone district  EXHIBIT C – Results of Neighborhood Meeting in Obermeyer Pl.  EXHIBIT D – Review Criteria  EXHIBIT E – P&Z Resolution No. 9, Series of 2015  EXHIBIT F – Application P131 VIII.c Ordinance No. 26, Series of 2015 Page 1 of 3 Ordinance No. 26 (Series of 2015) AN ORDINANCE OF THE CITY OF ASPEN CITY COUNCIL APPROVING A REQUEST FOR REZONING AND MINOR PD AMENDMENT FOR OBERMEYER PLACE, LEGALLY DESCRIVED AS ALL LANDS BETWEEN EAST BLEEKER STREET AND RIO GRANDE PLACE, ALL LAND BORDERING EAST BLEEKER STREET BETWEEN SPRING STREET AND RIO GRANDE PLACE, AND PORTIONS OF RIO GRANDE PARK, AND MORE PRECISELY DESCRIBED IN EXHIBIT A, PITKIN COUNTY, COLORADO Parcel No. 273707324003 WHEREAS, the Community Development Department received an application from Obermeyer Place Condominium Associates (Applicant), represented by Jerome Simecek, requesting the Aspen City Council approve a Rezoning and Minor PD Amendment at Obermeyer Place; and, WHEREAS, the Obermeyer Place COWOP PD was granted final approval via Ordinance No. 18 Series of 2003 by the Aspen City Council; and, WHEREAS, pursuant to Chapter 26.310.060 of the Land Use Code, an application for Rezoning may be granted a recommendation of approval, approval with conditions or denial by the Cit y Council at a duly noticed public hearing after receiving a recommendation from the Planning and Zoning Commission; and, WHEREAS, the Aspen Planning and Zoning Commission reviewed the request for Rezoning at a duly noticed public hearing on May 26, 2015 and has provided a recommendation of denial by a vote 1 to 3 of the application (with one Commissioner in support of the request) through P&Z Resolution No. 9, Series of 2015; and, WHEREAS, pursuant to Chapter 26.445.110 of the Land Use Code, a Minor PD Amendment may be approved, approved with conditions, or denied by the City Council at a duly noticed public hearing; and, WHEREAS, the Community Development Director has reviewed the application and recommended approval of the applicant’s request to Rezone Obermeyer Place from Service Commercial Industrial (SCI) to Neighborhood Commercial (NC); and, WHEREAS, the Community Development Director has reviewed the application and recommended approval of the applicant’s request for a Minor PD Amendment that will vary the uses to allow the continuation of SCI uses at Obermeyer Place; and, WHEREAS, the Aspen City Council has reviewed and considered the request under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered the recommendation of the Community Development Director, and has taken P132 VIII.c Ordinance No. 26, Series of 2015 Page 2 of 3 and considered public comment at a public hearing held on August 10, 2015 and recommended approval of the Rezoning and Minor PD Amendment; and WHEREAS, the Aspen City Council finds that the Rezoning and Minor PD Amendment proposal meets or exceeds all applicable development standards. WHEREAS, the City Council finds that this ordinance furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF ASPEN CITY COUNCIL AS FOLLOWS: Section 1: General Development Approval Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the City Council hereby approves the following land use reviews: Rezoning Obermeyer Place from Service Commercial Industrial (SCI) to Neighborhood Commercial (NC), and a Minor Amendment to a Project Review approval al lowing Obermeyer Place to retain all SCI uses as an amendment to the Planned Development (PD) approval. Section 2: 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 Aspen 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 an authorized entity. Section 3: 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 4: If any section, subsection, sentence, clause, phrase, or portion of this Resolution is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. Section 5: A public hearing on this ordinance shall be held on the 10th day of August, 2015, at a meeting of the Aspen City Council commencing at 5:00 p.m. in the City Council Chambers, Aspen City Hall, Aspen, Colorado, a minimum of fifteen 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. P133 VIII.c Ordinance No. 26, Series of 2015 Page 3 of 3 INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the 13th day of July, 2015. _____________________________ Steven Skadron, Mayor Approved as to form: _____________________________ James R. True, City Attorney Attest: _____________________________ Linda Manning, City Clerk Attached: Exhibit A: Full legal description of property P134 VIII.c Exhibit A-1 Zone Comparison Overview SCI NC Min gross lot area (sf) 3,000 None Min lot area per dwelling unit None None Min lot width None None Min front yard setback None 5' Min side yard setback None 5' Min rear yard setback None 5' Max height 35' 28' FAR Max 2.25:1 1.5:1 P135 VIII.c 1 Exhibit A-2 Land Use Code Sections SCI and NC 26.710.160 Service/Commercial/Industrial (S/C/I). A. Purpose. The purpose of the Service/Commercial/Industrial (SCI) zone district is to preserve and enhance locally-serving, primarily non-retail small business areas to ensure a more balanced permanent community; to protect the few remaining such small business parks historically used primarily for light industrial uses, manufacturing, repair, storage and servicing of consumer goods, with limited retail, showroom, or customer reception areas. The SCI zone district contains uses that may not be appropriate in other zone districts or do not require or generate high customer traffic volumes, and permits customary accessory uses. B. Permitted Uses. The following uses are permitted as of right in the Service/Commercial/Industrial (SCI) zone district. Each of the permitted uses may have, in combination, a limited percent of the floor area, as noted below, devoted to retail sales, showroom, or customer reception, and such uses shall be ancillary to the primary commercial use. This floor area percentage may be increased through Special Review by the Planning and Zoning Commission, pursuant to Section 26.430.050, and according to the standards of Section 26.710.160(E)1. 1. SCI Uses which may use up to 100% of the floor area for retail sales, showroom, or customer reception include the manufacturing, repair, customizing, servicing, detailing, sales, and rental of consumer goods such as: a. Building materials, components, hardware, fixtures, interior finishes and equipment. b. Household appliances such as ranges, refrigerators, dishwashers, etc. c. Automobiles and motorcycles, Motor-driven cycles, and Motorized bicycles, including parts. d. Non-motorized vehicles such as bicycles and river-related recreational items, for rental or in combination with a service use related to guiding or touring. e. Fabric and sewing supply. 2. SCI Uses which may use, in combination, up to 25% of the floor area for accessory retail sales, showroom, or customer reception including the manufacturing, repair, alteration, tailoring, and servicing of consumer goods such as, electronic equipment; floral arrangements; furniture; clothing; or sporting goods: a. Typesetting and printing, including copy center. b. Photo processing laboratory. c. Locksmith. d. Post Office branch. e. Shipping and receiving services. P136 VIII.c 2 f. Internet auction consignment outlet g. Laundromat. h. Commercial dry cleaning. i. Recycling center. j. Artist studio. k. Veterinary clinic. l. Animal boarding facility. m. Animal grooming establishment. n. Brewery and brewing supply, with on-site alcoholic beverage consumption limited to the hours of noon to 9 pm Mondays through Saturdays and noon through 6 pm on Sundays and limited to six samples of six ounces, or four samples of six ounces and one sample of 16 ounces, per person, per day; this consumption limitation to be suspended for wholesale buyers. o. Coffee roasting and supply p. Commercial Kitchen or Bakery. q. Design Studio, limited to the Andrews-McFarlin Subdivision. r. Marijuana Cultivation Facility, which may include up to 25% of the floor space used for a medical marijuana establishment or a retail marijuana establishment (i.e. sales). s. Marijuana Product Manufacturing Facility, which may include up to 25% of the floor space used for a medical marijuana establishment or a retail marijuana establishment (i.e. sales). t. Marijuana Testing Facility, which may include up to 25% of the floor space used for a medical marijuana establishment or a retail marijuana establishment (i.e. sales). 3. SCI Uses which may use, in combination, up to 10% of the floor area for accessory retail sales, showroom, or customer reception: a. Building/landscape maintenance facility. b. Automobile washing facility. c. Warehousing and storage. 4. Primary Care Physician’s Office Uses permitted: a. On Upper Floors, pursuant to Section 26.710.160 (D)11(b). b. Limited to a cap of 3,500 square feet at the Obermeyer Place PD, upon execution of an Insubstantial PD Amendment. 5. Permitted Accessory Uses: a. Service yard accessory to a permitted use. b. Sales and rental accessory and incidental to a permitted use. P137 VIII.c 3 c. Accessory buildings and uses. d. Home occupations. e. Offices, accessory to a permitted or conditional use, not to exceed 10% of a commercial unit. C. Conditional uses. The following uses are permitted as conditional uses in the Service/Commercial/ Industrial (SCI) zone district, subject to the procedures established in Chapter 26.425.050 Procedures for Review, and the standards established in Section 26.710.160(F). Under Section 26.710.160(C)1-3, the Commission shall establish the appropriate amount of floor area to be devoted to retail sales, showroom, or customer reception for each conditional use during the review, pursuant to the review standards of Section 26.710.160 (F)1. Under Section 26.710.160(C)4-5, the Commission shall review the site plan to determine compliance pursuant to the review standards of Section 26.710.160(F)2-3, and establish conditions of approval as needed. 1. Consignment retail establishment. 2. Commercial Parking Facility, pursuant to Section 26.515. 3. Gasoline service station. 4. Affordable Multi-Family Housing on Upper Floors. 5. Free Market Multi-Family Housing on Upper Floors D. Dimensional requirements. The following dimensional requirements shall apply to all permitted and conditional uses in the Service/Commercial/ Industrial (SCI) zone district: 1. Minimum Gross Lot Area (square feet): 3,000 2. Minimum Net Lot Area per dwelling unit (square feet): No requirement. 3. Minimum lot width (feet): No requirement. 4. Minimum front yard setback (feet): No requirement. 5. Minimum side yard setback (feet): No requirement. 6. Minimum rear yard setback (feet): No requirement. 7. Minimum Utility/Trash/Recycle area: Pursuant to Section 26.575.060. 8. Maximum height: 35 feet. 9. Minimum distance between buildings on the lot (feet): No Requirement. 10. Pedestrian Amenity Space: Pursuant to Section 26.575.030. P138 VIII.c 4 11. Floor Area Ratio (FAR): The following FAR schedule applies to uses cumulatively up to a total maximum FAR of 2.25:1. Achieving the maximum floor area ratio is subject to compliance with applicable design standards, view plane requirements, public amenity requirements and other dimensional standards. Accordingly, the maximum FAR is not an entitlement and is not achievable in all situations. a. Commercial Uses: 1.5:1. b. Primary Care Physician’s Office uses: .25:1 FAR, only if a minimum of .75:1 FAR of Commercial uses, listed in Section 26.710.160(B)1-3, exist on the same parcel. c. Affordable Multi-Family Housing: .5:1. d. Free-Market Multi-Family Housing: .25:1, only if a minimum of .75:1 FAR of Commercial Uses listed in Section 26.710.160(B)1-3 exist on the same parcel. e. Free-Market Multi-Family Housing: .5:1, only if a minimum of .75:1 FAR of Commercial Uses listed in Section 26.710.160(B)1-3 exist on the same parcel, and a minimum of .25:1 FAR of Primary Care Physician’s Office Uses exist on the same parcel. 12. Maximum multi-family residential dwelling unit size (square feet): 2,000 sq. ft. of net livable area. a. The property owner may increase individual multi-family unit size by extinguishing Historic Transferable Development Right Certificates (“certificate” or “certificates”), subject to the following: 1) The transfer ratio is 500 sq. ft. of net livable area for each certificate that is extinguished. 2) The additional square footage accrued may be applied to multiple units. However, the maximum individual unit size attainable by transferring development rights is 2,500 sq. ft. of net livable area (i.e., no more than 500 additional square feet may be applied per unit). 3) This incentive applies only to individual unit size. Transferring development rights does not allow an increase in the Floor Area Ratio (FAR) of the lot. Commentary: Refer to Chapter 26.535 for the procedures for extinguishing certificates. E. Special Review Standards. Whenever the dimensional standards of a proposed development within the SCI Zone District are subject to Special Review, the development application shall be processed as a Special Review, pursuant to Section 26.430.050, and shall be approved, approved with conditions, or denied based on conformance with the following criteria: 1. To increase the allowable percentage of interior space assigned to retail, showroom, or customer reception area, the applicant shall demonstrate the need and appropriateness for such additional space and shall demonstrate consistency with the purpose of the SCI Zone District. The additional approved percentage for a specific use shall be limited to that use and not applicable to subsequent uses in the same space. P139 VIII.c 5 F. Conditional Use Review Standards. 1. To establish the allowable percentage of interior space assigned to retail, showroom, or customer reception area, the applicant shall demonstrate the need and appropriateness for the space and shall demonstrate consistency with the purpose of the SCI Zone District. The approved percentage for a specific use shall be limited to that use and not applicable to subsequent uses in the same space. 2. Applicant must demonstrate that the affordable housing and/or free market housing is substantially removed and physically separated from Commercial Uses on the same parcel, to the extent practicable, so as to isolate residential uses from commercial impacts and to adequately provide for on-loading, off-loading, circulation and parking for commercial uses. 3. Applicant must implement a prohibition on the cross-ownership of free market residential units and commercial space, to be reviewed and accepted by the City Attorney. (Ord. No. 2-1999, §1; Ord. No. 22-2005, §1; Ord. No. 4-2008; Ord. No. 27-2010, §4; Ord. No. 39-2013, §3) P140 VIII.c 6 26.710.170 Neighborhood Commercial (NC). A. Purpose. The purpose of the Neighborhood Commercial (NC) Zone District is to provide for the establishment of mixed-use buildings with commercial uses serving the daily or frequent needs of the surrounding neighborhood, thereby reducing traffic circulation and parking problems, to provide opportunities for affordable and free-market residential density, to support vacation rentals of residential dwelling units, and to provide a transition between the commercial core and surrounding residential neighborhoods. B. Permitted uses. The following uses are permitted as of right in the Neighborhood Commercial (NC) Zone District: 1. Uses allowed on upper floors: lodging, affordable multi-family housing, free-market multi-family housing, home occupations and vacation rentals. 2. Uses allowed on all building levels: retail and restaurant uses, neighborhood commercial uses, service uses, office uses, arts, cultural and civic uses, public uses, recreational uses, academic uses, child care center, bed and breakfast, accessor y uses and structures, uses and building elements necessary and incidental to uses on other floors, including parking accessory to a permitted use, storage accessory to a permitted use, farmers' market, provided that a vending agreement is obtained pursuant to Subsection 15.04.350(b). C. Conditional uses. The following uses are permitted as conditional uses in the Neighborhood Commercial (NC) Zone District, subject to the standards and procedures established in Chapter 26.425: 1. Lodging, affordable multi-family housing, free-market multi-family housing or home occupations on the ground floor. 2. Commercial parking facility, pursuant to Chapter 26.515. D. Dimensional requirements. The following dimensional requirements shall apply to all permitted and conditional uses in the Neighborhood Commercial (NC) Zone District: 1. Minimum Gross Lot Area (square feet): No requirement. 2. Minimum Net Lot Area per dwelling unit (square feet): No requirement. 3. Minimum lot width (feet): No requirement. 4. Minimum front yard setback (feet): five (5). 5. Minimum side yard setback (feet): five (5). 6. Minimum rear yard setback (feet): five (5). 7. Minimum utility/trash/recycle area: Pursuant to Section 26.575.060. 8. Maximum height: twenty-eight (28) feet, which may be increased to thirty-two (32) feet through commercial design review. See Chapter 26.412. 9. Minimum distance between buildings on the lot (feet): No requirement. P141 VIII.c 7 10. Public amenity space: Pursuant to Section 26.575.030. 11. Floor area ratio (FAR): The following FAR schedule applies to uses cumulatively up to a total maximum FAR of 1.5:1. Achieving the maximum floor area ratio is subject to compliance with applicable design standards, view plane requirements, public amenity requirements and other dimensional standards. Accordingly, the maximum FAR is not an entitlement and is not achievable in all situations. a. Commercial uses: 1:1. b. Lodging, arts, cultural and civic uses, public uses, recreational uses, academic uses, child care center and similar uses: 1:1. c. Affordable multi-family housing: .5:1. d. Free-market multi-family housing: .25:1, which may be increased to .5:1 if affordable housing floor area equal to 100% of the free-market residential floor area is developed on the same parcel. 12. Maximum multi-family residential dwelling size (square feet): one thousand five hundred (1,500) square feet of net livable area. a. The property owner may increase individual multi-family unit size by extinguishing historic transferable development right certificates ("certificate" or "certificates"), subject to the following: 1) The transfer ratio is 500 sq. ft. of net livable area for each certificate that is purchased. 2) The additional square footage accrued may be applied to multiple units. However, the maximum individual unit size attainable by transferring development rights is 2,000 sq. ft. of net livable area (i.e., no more than 500 additional square feet may be applied per unit). 3) This incentive applies only to individual unit size. Transferring development rights does not allow an increase in the Floor Area Ratio (FAR) of the lot. Commentary: Refer to Chapter 26.535 for the procedures for extinguishing certificates. 13. Commercial/residential ratio: The total free-market residential net livable area shall be no greater than the total floor area associated with the uses described in Subparagraphs 26.710.170.D.11.a and b combined on the same parcel. (Ord. No. 38-2000, §2; Ord. No. 12-2005, §1; Ord. No. 12-2006, §14, 15; Ord. No. 11, 2007; Ord. No. 27-2010, §4; Ord. NO. 34-2011, §15) P142 VIII.c Exhibit B Recent Denied Request for Locating in the SCI Zone District   The planning department initiated a service position to provide assistance to those who need answers  on planning‐related issues in the City between the hours of 9am‐12pm and 1pm – 3:30 pm, every week  day.  This is a rotating position that is filled by a different member of the planning staff daily.  In 2008  the department began tracking the questions received during these hours.  Below is a breakdown by  category of the requests that are commonly asked regarding the Service Commercial Industrial (SCI)  zone district.  These are requests that have been denied by the planning department due to their  incompatibility with Section 26.710.160 of the Land Use Code.  1. Marijuana‐related requests.  A common request is for medical marijuana dispensaries that are  looking to locate in this zone district.  One such request involved becoming a joint tenant within  the Aspen Laundry.  Another request was for the cultivating of hydroponic “plants” and  “flowers” in this zone district.      2. Office‐related requests.  Another very common request is to allow offices in the SCI zone  district.  These requests have ranged from a law office, property management/rental, insurance,  and event production company offices.  More general commercial office type requests are  found throughout the request tracker spreadsheet.    3. Medical‐related.  Requests within this category have included psychotherapist and dental  offices.  Medical offices are allowed in Obermeyer Place, however these are limited to Primary  Care Physician’s offices only, are limited to upper floors, and capped at 3,500 sq. ft.    4. Interior Design & Architecture.  These requests can be difficult to permit or deny without a  great deal of staff discussion.  The Andrews‐McFarlin Subdivision is the one space within the SCI  zone district that allows design studios.  Therefore staff cannot approve the majority of these  requests.    5. General Retail & Related Services.  Common requests are for those looking to locate their  commercial retail businesses in the SCI zone district.  Permitted uses within this zone district can  be extremely specific and limiting.  Due to the extent of retail activity, staff could not approve  requests for a frame/framing shop, office supplies store, home consignment, and solar voltaic  sales.    6. Other.  Lastly, there are always a number of requests that staff receives which are found to be  inconsistent with the SCI zone district.  These include security systems, web design/IT, taxi  business, child learning center, yoga studio and a distillery with a restaurant component.  Also, a  P143 VIII.c significant number of individuals have requested to use SCI spaces for personal storage of items,  files, and vehicles.  While storage is an allowed use, this is intended to allow for storage  businesses, and not simply for personal storage.    P144 VIII.c Exhibit C Results of Neighborhood Meeting for Obermeyer Place     SCI Zone Meeting 3  Obermeyer Place   501 Rio Grande Pl #7  April 23, 2013 @ 2 pm    Participants: 7   Expanding uses:  o Free‐marked residential tends to create conflicts with commercial    Businesses are often the losers in this scenario  o Free‐market residential has a tendency to suppress what uses are allowed in area  o Redevelopment could push out existing businesses     Current Zoning:  o Use limits do not make sense, outdated & strange  o Owners of spaces cannot sell or rent due to use restrictions  o Case‐by‐case zoning is too discretionary   E.g. – primary care physician allowed but no dentist   Dog washer allowed but no hair stylist  o Too many Code changes too often!  o Difficult to decipher allowed uses in Code     Zoning Changes:  o NC makes sense for Obermeyer  o Obermeyer is different than other SCI properties and should be zoned differently      P145 VIII.c 1    Exhibit D Review Criteria 26.310.090. Rezoning - Standards of review. In reviewing an amendment to the Official Zone District Map, the City Council and the Planning and Zoning Commission shall consider: A. Whether the proposed amendment is compatible with surrounding zone districts and land uses, considering existing land use and neighborhood characteristics. Staff Response: The applicant is proposing to change the underlying zoning of Obermeyer Place from Service Commercial Industrial (SCI) to Neighborhood Commercial (NC), and amend the PD to allow the continuation of SCI uses. NC allows for a wider, more general variety of uses, and maintaining the SCI uses an allowed per the PD approval will prevent the creation of any nonconformity in regards to the existing uses. The surrounding zone districts include C-1 and CC, which are both commercial zone districts, R/MF/PD which is a residential parcel, R-6/PD which contains the Fraternal Order of the Eagles, and PUB/PD which is the Rio Grande Park area. Commercial and residential uses are permitted within the NC zone district. The Fraternal Order of the Eagles is located on a site that would typically be used residentially; however, this fraternal club is also compatible with the commercial uses found in the NC zone district. Lastly, Rio Grande Park to the north provides an excellent buffer from the mix of uses associated with the NC zone district, and the level of vitality that was initially anticipated for Obermeyer Place. Staff finds this criterion to be met. B. Whether and the extent to which the proposed amendment would result in demands on public facilities and whether and the extent to which the proposed amendment would exceed the capacity of such public facilities including, but not limited to, transportation facilities, sewage facilities, water supply, parks, drainage, schools and emergency medical facilities. Staff Response: Staff does not anticipate any changes to demands on public facilities or that the proposed amendment would exceed the availability of the current public facilities. Obermeyer Place was created with the intent of these facilities being utilized at a higher degree than are being currently utilized, due to many vacant units. Staff finds this criterion to be met. C. Whether and the extent to which the proposed amendment would result in significantly adverse impacts on the natural environment. Staff Response: Staff does not anticipate any significant adverse impacts to the natural environment as a result of this proposal. The proposed zoning change would merely allow an expansion of allowed uses in an area that is already built to handle such usage. Staff finds this criterion to be met. D. Whether the proposed amendment is consistent and compatible with the community character in the City and in harmony with the public interest and the intent of this Title. P146 VIII.c 2    Staff Response: Obermeyer Place was intended to be an area of vitality adjacent to the City’s downtown core that would to serve, in part, as a desirable location for businesses that could not locate elsewhere due to zoning restrictions. This vision was supported by the City as well as private parties. Obermeyer Place was created as a COWOP (Convenience and Welfare of the Public) project. By rezoning the property to NC, while still allowing the uses found in SCI, the applicant, with Staff’s support, hopes to bring additional businesses to the area, such as was originally intended for Obermeyer Place. The proposed amendment is consistent with and compatible with the community character and in harmony with the public interest and intent of the Land Use Code. Staff finds this criterion to be met. P147 VIII.c 3    26.445.050. Project Review Standards. The Project Review shall focus on the general concept for the development and shall outline any dimensional requirements that vary from those allowed in the underlying zone district. The burden shall rest upon an applicant to show the reasonableness of the development application and its conformity to the standards and procedures of this Chapter and this Title. The underlying zone district designation shall be used as a guide, but not an absolute limitation, to the dimensions which may be considered during the development review process. Any dimensional variations allowed shall be specified in the ordinance granting Project Approval. In the review of a development application for a Project Review, the Planning and Zoning Commission or the Historic Preservation Commission, as applicable, and City Council shall consider the following: A. Compliance with Adopted Regulatory Plans. The proposed development complies with applicable adopted regulatory plans. Staff Response: There is no proposed development or redevelopment associated with this request. Staff finds this criterion to be not applicable. B. Development Suitability. The proposed Planned Development prohibits development on land unsuitable for development because of natural or man-made hazards affecting the property, including flooding, mudflow, debris flow, fault ruptures, landslides, rock or soil creep, rock falls, rock slides, mining activity including mine waste deposit, avalanche or snowslide areas, slopes in excess of 30%, and any other natural or man-made hazard or condition that could harm the health, safety, or welfare of the community. Affected areas may be accepted as suitable for development if adequate mitigation techniques acceptable to the City Engineer are proposed in compliance with Title 29 – Engineering Design Standards. Conceptual plans for mitigation techniques may be accepted for this standard. The City Engineer may require specific designs, mitigation techniques, and implementation timelines be defined as part of the Detailed Review and documented within a Development Agreement. Staff Response: The Obermeyer PD has already been developed, with final approval granted via Ordinance No. 18, Series of 2003. No new development is proposed as part of this current application. Staff finds this criterion to be not applicable. C. Site Planning. The site plan is compatible with the context and visual character of the area. In meeting this standard, the following criteria shall be used: 1. The site plan responds to the site’s natural characteristics and physical constraints such as steep slopes, vegetation, waterways, and any natural or man-made hazards and allows development to blend in with or enhance said features. Staff Response: There are no changes to the approved site plan as a result of this current application. Staff finds this criterion to be not applicable. P148 VIII.c 4    2. The project preserves important geologic features, mature vegetation, and structures or features of the site that have historic, cultural, visual, or ecological importance or contribute to the identity of the town. Staff Response: There are no changes to the built environment as a result of this current application. Staff finds this criterion to be not applicable. 3. Buildings are oriented to public streets and are sited to reflect the neighborhood context. Buildings and access ways are arranged to allow effective emergency, maintenance, and service vehicle access. Staff Response: The Obermeyer PD has already been developed, and was approved via Ordinance No. 18, Series of 2003. There are no new buildings or redevelopment of existing buildings proposed as part of this current application. Staff finds this criterion to be not applicable. D. Dimensions. All dimensions, including density, mass, and height shall be established during the Project Review. A development application may request variations to any dimensional requirement of this Title. In meeting this standard, consideration shall be given to the following criteria: 1. There exists a significant community goal to be achieved through such variations. Staff Response: Obermeyer Place was approved and developed as a COWOP (a development for the Convenience and Welfare of the Public), with the vision that this would be a vibrant area that contributed to the city’s residential and business opportunities. It was imagined to be an area just north of the commercial core where hard to locate service and industrial businesses could thrive. However, through the years it is found that less and less of these types of businesses are locating here, leaving vacant units and creating dead space. The proposed Minor PD Amendment will work in conjunction with the proposed rezoning of the property to continue to allow service and industrial businesses to locate in Obermeyer Pl. This amendment further ensures that existing service and industrial uses do not become non- conforming. Finding a way to increase vitality in an area that was designed and built for this purpose is surely a significant community goal that may be achieved through the requested rezoning and PD amendment. Staff finds this criterion to be met. 2. The proposed dimensions represent a character suitable for and indicative of the primary uses of the project. Staff Response: The current application does not proposed any dimensional changes to the approved Obermeyer Place PD. Staff finds this criterion to be not applicable 3. The project is compatible with or enhances the cohesiveness or distinctive identity of the neighborhood and surrounding development patterns, including the scale and massing of nearby historical or cultural resources. P149 VIII.c 5    Staff Response: There are no changes to the approved dimensions requested as part of this application. Obermeyer Pl. currently is zoned SCI. This portion of the application deals with a PD amendment to continue the allowance of SCI uses. These uses are existing, and compatible with the surrounding neighborhood. Staff finds this criterion to be met. 4. The number of off-street parking spaces shall be established based on the probable number of cars to be operated by those using the proposed development and the nature of the proposed uses. The availability of public transit and other transportation facilities, including those for pedestrian access and/or the commitment to utilize automobile disincentive techniques in the proposed development, and the potential for joint use of common parking may be considered when establishing a parking requirement. Staff Response: There are no changes to the approved parking at Obermeyer Place requested as part of this PD amendment. Staff finds this criterion to be not applicable. 5. The Project Review approval, at City Council’s discretion, may include specific allowances for dimensional flexibility between Project Review and Detailed Review. Changes shall be subject to the amendment procedures of Section 26.445.110 – Amendments. Staff Response: The applicant is requesting no dimensional flexibility, or changes to the approved PD dimensions as part of this PD Amendment application. Staff finds this criterion to be not applicable. E. Design Standards. The design of the proposed development is compatible with the context and visual character of the area. In meeting this standard, the following criteria shall be used: 1. The design complies with applicable design standards, including those outlined in Chapter 26.410, Residential Design Standards, Chapter 26.412, Commercial Design Standards, and Chapter 26.415, Historic Preservation. Staff Response: There are no changes to the built environment associated with this application. Staff finds this criterion to be not applicable. 2. The proposed materials are compatible with those called for in any applicable design standards, as well as those typically seen in the immediate vicinity. Exterior materials are finalized during Detailed Review, but review boards may set forth certain expectations or conditions related to architectural character and exterior materials during Project Review. Staff Response: There are no changes to the existing materials found within the Obermeyer Pl. PD associated with this application. Staff finds this criterion to be not applicable. F. Pedestrian, bicycle & transit facilities. The development improves pedestrian, bicycle, and transit facilities. These facilities and improvements shall be prioritized over vehicular facilities and improvements. Any vehicular access points, or curb cuts, minimize impacts on existing or proposed pedestrian, bicycle, and transit facilities. The City may require specific designs, mitigation techniques, and implementation timelines be defined as part of the Detailed Review and documented within a Development Agreement. P150 VIII.c 6    Staff Response: There are no changes proposed to the pedestrian, bicycle, and transit facilities already approved and in place for Obermeyer Place. Staff finds this criterion to be not applicable. G. Engineering Design Standards. There has been accurate identification of engineering design and mitigation techniques necessary for development of the project to comply with the applicable requirements of Municipal Code Title 29 – Engineering Design Standards and the City of Aspen Urban Runoff Management Plan (URMP). The City Engineer may require specific designs, mitigation techniques, and implementation timelines be defined as part of the Detailed Review and documented within a Development Agreement. Staff Response: There is no new development or redevelopment associated with this Minor PD Amendment request. Staff finds this criterion to be not applicable. H. Public Infrastructure and Facilities. The proposed Planned Development shall upgrade public infrastructure and facilities necessary to serve the project. Improvements shall be at the sole costs of the developer. The City Engineer may require specific designs, mitigation techniques, and implementation timelines be defined as part of the Detailed Review and documented within a Development Agreement. Staff Response: Staff believes adequate infrastructure is already in place at the Obermeyer Pl. This proposed Minor PD Amendment, in conjunction with the requested rezoning, will not cause any stress to the system that was not already planned for with the initial development of the PD. The spaces reserved for commercial, service and industrial businesses are underutilized in Obermeyer Pl. with many vacancies. The intent of the rezoning, in combination with this PD amendment, is to open up the allowed uses to fill these vacant spaces and bring vitality to this area. Staff finds this criterion to be met. I. Access and Circulation. The proposed development shall have perpetual unobstructed legal vehicular access to a public way. A proposed Planned Development shall not eliminate or obstruct legal access from a public way to an adjacent property. All streets in a Planned Development retained under private ownership shall be dedicated to public use to ensure adequate public and emergency access. Security/privacy gates across access points and driveways are prohibited. Staff Response: The current development has perpetual unobstructed vehicular access to a public way through the Obermeyer Pl. There are no changes proposed to the development as part of this current application. Staff finds this criterion to be not applicable. P151 VIII.c P152 VIII.c P153 VIII.c P154 VIII.c P155 VIII.c P156 VIII.c P157 VIII.c P158 VIII.c P159 VIII.c P160 VIII.c P161 VIII.c P162 VIII.c P163 VIII.c P164 VIII.c P165 VIII.c P166 VIII.c P167 VIII.c P168 VIII.c P169 VIII.c P170 VIII.c P171 VIII.c P172 VIII.c P173 VIII.c P174 VIII.c P175 VIII.c P176 VIII.c P177 VIII.c P178 VIII.c P179 VIII.c P180 VIII.c P181 VIII.c P182 VIII.c P183 VIII.c P184 VIII.c P185 VIII.c P186 VIII.c P187 VIII.c P188 VIII.c P189 VIII.c P190 VIII.c P191 VIII.c P192 VIII.c P193 VIII.c P194 VIII.c P195 VIII.c P196 VIII.c P197 VIII.c P198 VIII.c P199 VIII.c Code Amendment - Land Use Code Reliance Policy Direction – 7/13/2015 Page 1 of 3 MEMORANDUM TO: Mayor Skadron and City Council FROM: Jessica Garrow, Long Range Planner THRU: Chris Bendon, Community Development Director RE: Policy Resolution: Land Use Code Reliance Code Amendment Resolution 72, Series of 2015 DATE: July 13, 2015 SUMMARY : The attached Resolution outlines policy direction for amendments to the City’s Land Use Code to clarify which land use code a project may rely on when part of a multi-step process or when amending a previous approval. If the Policy Resolution is approved, Staff will bring an Ordinance to City Council that amends the Land Use Code. STAFF RECOMMENDATION : Staff recommends approval of the proposed Resolution. LAND USE REQUESTS AND REVIEW PROCEDURES : This meeting is to review potential changes to the City’s Land Use Code. Pursuant to Land Use Code Section 26.310, City Council is the final review authority for all code amendments. All code amendments are subject to a three-step process. This is the second step in the process: 1. Public Outreach 2. Policy Resolution by City Council indicating if an amendment should be pursued 3. Public Hearings on Ordinance outlining specific code amendments. BACKGROUND : The Community Development Department often receives inquiries from project applicants wondering which land use code applies to their project. These questions arise when projects are part of a multi-step process, such as a project requiring Conceptual HPC Review, and Final HPC Review, as well as when a vested project requests an amendment to the approval. Staff has a written policy addressing this issue (attached as Exhibit C), and proposes to formally incorporate it into the Land Use Code. OVERVIEW: Nearly all projects require amendments to their approvals, and this code change would clarify how to determine which land use code an amendment is subject to. In addition, it would address which land use code is in effect when multi-step land use processes are required. P200 IX.a Code Amendment - Land Use Code Reliance Policy Direction – 7/13/2015 Page 2 of 3 Minor Amendments: Most amendments are simple, non-substantive changes that do not affect a project’s original representations. For example, in 2014 the Aspen Club received an amendment approval from the Planning and Zoning Commission to amend a few retaining wall heights in a setback area along the back of the property. The City applied the same codes to the amendment as were in effect when the project originally received approval. The proposed code amendment would clarify that the vested land use code applies. For the purposes of this code amendment, staff proposes that minor amendments are those which do not change the inherent nature, use, massing, character, dimensions, or design of the project or which change these attributes in such a subtle way as to be immaterial. All other amendments would be considered major. Major Amendment: Other project amendments appear as completely new projects with nothing resembling the former project – different uses, new site plan, different massing and architecture, etc. Staff believes processing these types of “amendments” under an out-of-date code is inappropriate. This has also been a concern of the Planning and Zoning Commission, specifically during the reviews of the Aspen Townhomes amendment and the Boomerang amendment. Staff believes these “amendments” should be considered new projects and subject to the land use code in effect upon submission of the amendment. Staff’s proposal would require these so-called major amendments to be subject to the code in effect upon submission, and would prevent an applicant from using a decades old land use code. Multi-Step Processes: Often a project is subject to multiple land use reviews. For instance, a project may be subject to a Conceptual Commercial Design Review and a Final Commercial Design Review. For these projects, existing department policy is to review them according to the land use code in effect on the date of the complete application for the first-step. For instance, a project requiring subsequent applications for Conceptual HPC Review and Final HPC Review, is reviewed according to the land use code in effect when the complete Conceptual HPC application is made. Multiple applications that are not part of a code required multi-step process would be subject to the land use code in effect for each individual submission. For instance, an application for a Subdivision would not vest an applicant in that code for a subsequent separate application for Commercial Design Review. REFERRALS & OUTREACH : A meeting was held with the Planning and Zoning Commission to obtain feedback on the proposed code amendment. The Planning & Zoning Commission supported the code amendment as proposed by staff. The City Attorney’s Office has reviewed the suggested approach and supports staff’s recommendation. STAFF RECOMMENDATION : Staff recommends adoption of the attached Policy Resolution. P201 IX.a Code Amendment - Land Use Code Reliance Policy Direction – 7/13/2015 Page 3 of 3 RECOMMENDED MOTION (A LL MOTIONS ARE PROPOSED IN THE AFFIRMATIVE ): “I move to approve Resolution No. 72, Series of 2015.” CITY MANAGER COMMENTS :_____________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ATTACHMENTS : Exhibit A – Staff Findings Exhibit B – P&Z meeting minutes, May 19, 2015 Exhibit C – Administrative Policy on Land Use Code Reliance P202 IX.a Resolution No. 72, Series 2015 Page 1 of 2 RESOLUTION NO. 72, (SERIES OF 2015) A RESOLUTION OF THE CITY OF ASPEN CITY COUNCIL REQUESTING AMENDMENTS TO CLARIFY WHICH CODE AN APPLICANT MAY RELY ON FOR VARIOUS LAND USE APPLICATIONS. WHEREAS, pursuant to Section 26.310.020(A), the Community Development Department received direction from City Council to explore code amendments to clarify which land use code a project may rely on when part of a multi-step process or when amending a previous approval; and, WHEREAS, the Community Development Director recommended changes to the Land Use Code and/or City Charter to implement City Council’s direction; and, WHEREAS, City Council has reviewed the proposed code amendment policy direction, and finds it meets the criteria outlined in Section 26.310.040; and, WHEREAS, pursuant to Section 26.310.020(B)(2), during a duly noticed public hearing on July 13, 2015, the City Council approved Resolution No. 13, Series of 2015, by a _____ to ____ (_ – _) vote, requesting code amendments to clarify which land use code a project may rely on when part of a multi- step process or when amending a previous approval; and, WHEREAS, this Resolution does not amend the Land Use Code, but provides direction to staff for processing amendments to the Land Use Code; and, WHEREAS, the City Council finds that this Resolution implements the City’s goals related to creating a clearer and more predictable land use review process, as articulated in the 2012 Aspen Area Community Plan; and WHEREAS, the City Council finds that this Resolution furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN AS FOLLOWS: Section 1: Code Amendment Objective and Direction City Council herby directs staff to process amendments to the City Land Use Code to clarify which land use code a project may rely on when part of a multi-step process or when amending a previous approval, by: • Defining a “major amendment” and “minor amendment” to previously approved projects and outlining a process for each; and • Clarifying when and how multi-step land use requests are processed in relation to vesting in a particular land use code. Section 2: P203 IX.a Resolution No. 72, Series 2015 Page 2 of 2 This resolution 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 resolutions or ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior resolutions or ordinances. Section 3: If any section, subsection, sentence, clause, phrase, or portion of this resolution is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. FINALLY, adopted this ___day of ____ 2015. _______________________________ Steven Skadron, Mayor ATTEST: APPROVED AS TO FORM: _______________________________ ______________________________ Linda Manning, City Clerk James R True, City Attorney P204 IX.a Land Use Code Reliance Policy Direction; Exhibit A Page 1 of 1 Exhibit A: Staff Findings 26.310.040. Amendments to the Land Use Code standards of review – Initiation In reviewing a request to pursue an amendment to the text of this Title, per Section 26.310.020(B)(2), Step Two – Public Hearing before City Council , the City Council shall consider: A. Whether there exists a community interest to pursue the amendment. Staff Findings: Staff believes there is a community interest in updating the code to clarify how the land use code applies to project subject to a multi-step process, as well as approved projects requesting amendments. The proposed amendment implements existing City policy. Staff finds this criterion to be met. B. Whether the objectives of the proposed amendment furthers an adopted policy, community goal, or objective of the City including, but not limited to, those stated in the Aspen Area Community Plan. Staff Findings: The 2012 Aspen Area Community Plan includes a policy to “create certainty in zoning and the land use process.” Updating the vested rights portion of the Code is in concert with this policy by clarifying how the land use code applies to various applications. Staff finds this criterion to be met. C. Whether the objectives of the proposed amendment are compatible with the community character of the City and in harmony with the public interest and the purpose and intent of this Title. Staff Findings: The intent of the proposed amendment is to ensure a predictable and clear zoning review. Staff finds this criterion to be met. P205 IX.a Regular Meeting Planning & Zoning Commission May 19, 2015 Page 5  Mr. Walterscheid then closed the public comment portion of the meeting.   Mr. Walterscheid asked Staff for rebuttal.   Mr. Bendon stated Staff wants to focus on making the units conforming to stay with the intent of the  ordinance. The owners have other mechanisms to utilize to pursue expansions or changes in use for the  units.   Mr. Walterscheid then asked for comments from the commissioners.   Ms. Tygre does not like to change code that only affects one property but feels the ordinance was over‐ reaching. She feels it is best to keep the scope narrow at this point in time. Mr. Gibbs agreed.  Mr. Mesirow asked if the intent of City Council was to cease development of larger penthouses. Mr.  Bendon stated he doesn’t expect the units to amortize away and feels at the time the ordinance was  approved, the focus was on the impact the penthouses had on the commercial use of the buildings  along with height, mass and scale.   Mr. McNellis asked how the 10% cap was determined. Mr. Bendon stated it is an outdated percentage  and Ms. Levy added that she found other cities are eliminating the cap altogether.   Mr. Bendon stated Staff will present options to City Council to consider to move forward.     Land Use Code Applicability Ms. Garrow described the proposed code amendments to address minor amendments, major  amendments and multi‐step processes.   P&Z supports staff’s recommendations.     Mr. Walterscheid then adjourned the meeting.        Cindy Klob  City Clerk’s Office, Records Manager  P206 IX.a P207 IX.a P208 IX.a Hutton Lot Split Staff Memo July 10, 2015 Page 1 of 7 MEMORANDUM TO: Mayor Skadron and Aspen City Council FROM: Hillary Seminick, Planning Technician THRU: Chris Bendon, Community Development Director RE: Hutton Lot Split Second Reading of Ordinance #22, Series of 2015 MEETING DATE: July 13 th , 2015 APPLICANT : Robert Hutton REPRESENTATIVE : BMC Planning + Design LOCATION : 725 Cemetery Lane PARCEL ID : 2735-122-00-008 CURRENT ZONING : R-15, Moderate Density Residential LEGAL DESCRIPTION : The lot is a parcel described in meets and bounds and is commonly known as 725 Cemetery Lane. For full legal description, please refer to the draft ordinance. SUMMARY : The Applicant requests to subdivide a 39,704 sf gross lot area parcel with an existing single family home into two lots. Lot 1 will be allocated 22,023 sf of gross lot area and Lot 2 will be allocated a gross lot area of 17,681 sf. The net lot area of each lot will be 17,681 sf and therefore equal as currently calculated by the land use code. STAFF RECOMMENDATION : Staff recommends approval of the request to subdivide the property commonly known as 725 Cemetery Road. Figure 1. Image of Subject Property P209 IX.b Hutton Lot Split Staff Memo July 10, 2015 Page 2 of 7 ADDITIONAL INFORMATION SINCE FIRST READING The First Reading for the Hutton Lot Split was held on June 22, 2015. The information provided below is intended to clarify the Application and address questions or concerns stated by City Council at First Reading. The remainder of the Staff Memo has not changed; however, Figure 3 was edited to remove a typo and moved within the Project Summary section of the memo to address formatting issues. Access Easement There is a parcel, known as 729/731 Cemetery Lane and referred to in the Staff Memo as Ironwood Condos, to the west of the subject property. The Ironwood Condos parcel does not have frontage to Cemetery Lane and is boarded by the Aspen Golf Course on three sides and the subject property to the east. Access to the Ironwood Condo parcel is provided by a non-exclusive access easement, a technical term for the shared driveway. Staff has provided Figure A below to further clarify the site vicinity as it relates to Ironwood Condos. Future Development While no development for the lot is proposed at this time; the Applicant has represented the client has expressed interest in redeveloping the property with a duplex on each newly created lot. All future development would be subject to the requirements of the R-15 Zone District. Non-Conformities According to Section 26.480.040.D, Existing Structures, Uses and Non-Conformities; if the approval of a subdivision creates a non-conforming structure, the structure may continue until Figure A. Subject property in red, Ironwood Condos in blue. The Figure is oriented to the east. P210 IX.b Hutton Lot Split Staff Memo July 10, 2015 Page 3 of 7 recordation of the subdivision plat. The Code allows for “certain assurances that the non- conformities will be remedies after recordation of the subdivision plat” by a legal mechanism acceptable to the City Attorney. The proposed lot split line would create a non-conforming building because the existing building would span the newly created lot line. As noted in the Staff Review Criteria in Exhibit B, to provide said assurance; the Ordinance includes a condition of approval that allows the structure to remain for the life of the original structure only. Upon demolition, as defined in Section 26.104.100, Definitions, all structures on Lot 1 and Lot 2 shall comply with the R-15 Zone District provisions with respect to the newly created lot boundaries and setbacks. Existing Floor Area –Impact/Mitigation Fees Impact fees are assessed on the floor area of a new development when a structure is demolished. Replacing the existing development is not subject to impact fees; therefore, the existing floor area is considered a “credit” towards impact fees for new development. Floor area calculations must be provided prior to demolition of the existing to document this credit. As a part of the building permit process, fees are assessed on the floor area of the new development and the existing development floor area credit is then deducted from this figure. Affordable Housing, School Land Dedication, and Parks fees are then assessed on the net new floor area of the new development. ***Memo from First Reading Continues Below*** LAND USE REQUEST AND REVIEW PROCEDURE : The Applicant is requesting the following land use approval from the City Council: • Lot Split. The split of a lot for the purpose of creating one (1) additional development parcel on a lot formed by a lot split granted subsequent to November 14, 1977, where all of the following conditions are met… (see Exhibit B, Review Criteria). A lot split is considered an exemption from the full review associated with other forms of subdivision, and does not require a public hearing before the Planning and Zoning Commission prior to City Council. BACKGROUND : The subject parcel, legally described in meets and bounds, currently has a single family structure on the property. The meets and bounds parcel was first described in a land patent to Samuel Flanagan in April of 1894. A land patent is an exclusive land grant between the US Government, at that time the US General Land Office, and the grantee. The land was exchanged between various parties and further subdivided over the years while the property was within Pitkin County jurisdiction. The lot to the rear known as Ironwood Condominiums at 729 and 731 Cemetery Lane, was severed from the 725 Cemetery Lane parcel in April of 1964, while the property was beyond City Limit. Additionally, the creation of this parcel was prior to the adoption of Ordinance 6, 1969; which established Subdivisions within the City of Aspen. 725 Cemetery Lane, shown in Figure 2, has not been previously subdivided under City of Aspen Land Use Regulations and is therefore eligible for a lot split. P211 IX.b Hutton Lot Split Staff Memo July 10, 2015 Page 4 of 7 Figure 2. Subject Parcel Location Map (site highlighted in yellow) PROJECT SUMMARY : The Applicant requests of the City Council approval for a lot split that will divide the current 39,704 sq. ft. parcel into two parcels as shown in Figure 3. Lot 1 will be allocated 22,023 sf of gross lot area and Lot 2 will be allocated a gross lot area of 17,681 sf. The lot area allocation is summarized in Table 1. Hutton Lot Split Allocations. Table 1. 725 Hutton Lot Split Allocations Gross Lot Area Lot Area Deductions Net Lot Area 1 Fathering Parcel 39,704 sf 4,342 2 35,362 sf Lot 1 22,023 sf 4,342 2 17,681 sf Lot 2 17,681 sf 17,681 sf 1 Net lot area was calculated March 2015 in accordance with 26.575.020.C Measuring Net Lot Area and is subject to change. 2 The lot area deductions are attributed to a vehicular access easement for 729/731 Cemetery Lane. No new development is proposed with this application, and no new utilities are required as a result of the lot split. P212 IX.b Hutton Lot Split Staff Memo July 10, 2015 Page 5 of 7 Figure 3. Hutton Lot Split Site Plan STAFF COMMENTS : Staff finds the application to meet all of the relevant requirements for subdivision, as well as those associated with lot split. The proposed lot split will not change the character or use of the parcels, and is compatible with the surrounding residential neighborhood. No new development is proposed at this time. The two new lots are within the R-15 Zone District, where the minimum lot size is 15,000 sf. The dimensional characteristics of both Lot 1 (22,023 sf) and Lot 2 (17,681 sf) comply with the requirements of the R-15 zone district. The existing home straddles the boundary between the two lots. To avoid creating a non-conformity, the Ordinance includes a condition of approval that allows the structure to remain for the life of the original structure only. Upon demolition, as defined in Section 26.104.100, Definitions, all structures on Lot 1 and Lot 2 shall comply with the R-15 Zone District provisions with respect to the newly created lot boundaries and setbacks. The proposed fathering parcel contains one single family home, roughly in the center of the lot. Should the lot split be granted, one lot would receive one growth management allotment for a single family home or duplex as defined in 26.470.060.2(a)(1). The growth management allotment associated with the fathering parcel would be allocated to the other lot. This would P213 IX.b Hutton Lot Split Staff Memo July 10, 2015 Page 6 of 7 result in each lot receiving an allotment for a single family home or duplex. No additional land use review for a growth management allotment would be required as a result of this lot split. The property is eligible to receive a credit for the existing floor area on the property. This credit will be used towards impact fees at time of Building Permit. Staff has recommended this credit be allocated between the two newly created lots as a condition of approval. Credit for the existing floor area shall be allocated between the two lots evenly; with the exception of floor area credit as it is applied to School Land Dedication. 100% of the floor area applied to School Land Dedication fees shall be applied to Lot 1. This allocation, notated by “fee type”, is shown in Table 2. This floor area credit allocation has been included as a condition of approval and may be amended by the Community Development Director. Table 2. Existing Floor Area Credit Allocation Table Fee Type Lot 1 Lot 2 School Land Dedication 100% 0% Parks 50% 50% Affordable Housing 50% 50% REFERRAL AGENCY COMMENTS : • Parks Department – Future development will require separate landscape/tree protection reviews and permits. Approved tree permits will be required prior to demolition or significant property change, should a tree be affected. There are two 15 inch spruce trees on Lot 2 the Parks Department would like to see preserved. • Water/Utilities – As proposed the lot split has negligible utility impacts. If either lot is developed in the future, utility design should be incorporated to address individual services and meters for both lots. The Marolt Holden Ditch, owned by City and maintained by City runs on the east lot line of both Lots 1 and 2. An easement is not recorded for either property. While a prescriptive easement exists for the ditch, it is recommended the Applicant and the City enter an Agreement for the ditch easement. STAFF RECOMMENDATION : In reviewing the proposal, Staff finds the application to be consistent with the applicable review standards as found in the City Land Use Code. Staff is recommending approval of this request. CITY MANAGER COMMENTS: P214 IX.b Hutton Lot Split Staff Memo July 10, 2015 Page 7 of 7 PROPOSED MOTION: “I move to approve Ordinance # 22, Series of 2015, approving the Hutton Lot Split. ATTACHMENTS: Exhibit A – Proposed Plat Exhibit B – Review Criteria Exhibit C – Access Easement Exhibit D – Application P215 IX.b 1 ORDINANCE NO. 22 (SERIES OF 2015) AN ORDINANCE OF THE CITY OF ASPEN CITY COUNCIL APPROVING THE HUTTON LOT SPLIT FOR THE PROPERTY COMMONLY KNOWN AS 725 CEMETERY LANE, LEGALLY DESCRIBED IN EXHIBIT A; CITY OF ASPEN, PITKIN COUNTY, COLORADO. Parcel No. 2737-073-16-003 WHEREAS, the Community Development Department received an application from BMC Planning + Design on behalf of Robert Hutton, requesting Lot Split review for the property commonly known as 725 Cemetery Lane; and, WHEREAS, the subject property is zoned Moderate Density Residential (R-15); and, WHEREAS, the Applicant has requested a Lot Split review by the City Council and approval to divide the current 39,704 square foot lot into two lots; allocating 22,023 square feet of gross lot area to Lot 1 and allocating 17,681 gross square feet to Lot 2; and, WHEREAS, the City Council has reviewed and considered the lot split proposal under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered the recommendation of the Community Development Director, and has taken and considered public comment at a duly noticed public hearing on July 13, 2015; and, WHEREAS, during a duly noticed public hearing on July 13, 2015, the City Council opened the hearing, took public testimony, considered pertinent recommendations from the Community Development Director, and referral agencies of the City of Aspen and adopted Ordinance No. 22, Series of 2015, approving Lot Split, which would allow the division 725 Cemetery Lane, a 39,704 square foot lot into two lots, allocating 22,023 square feet of lot area to Lot 1 and allocating 17,681 square feet of lot area to Lot 2; and, WHEREAS, the Aspen City Council finds that the lot split proposal meets or exceeds all the applicable development standards. NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF ASPEN CITY COUNCIL AS FOLLOWS: Section 1: Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, City Council hereby approves the Lot Split request to divide the 39,704 square foot lot into two lots; allocating 22,023 square feet to Lot 1 and allocating 17,681 square feet to Lot 2; and, P216 IX.b 2 Section 2: Plat The Applicant shall record a lot split plat that meets the requirements of Land Use Code Chapter 26.490, Approval Documents; within 180 days of approval. The existing home need not be demolished to accommodate the newly created lot boundaries. The existing structure may remain for the life of the original structure only. Upon demolition, as defined in Section 26.104.100, Definitions, all structures on Lot 1 and Lot 2 shall comply with the applicable zone district provisions with respect to the newly created lot boundaries and setbacks. Section 3: Subdivision No further subdivision may be granted for the newly created lots. No additional units shall be constructed without the required land use approvals and growth management allocations. Section 4: Engineering The existing driveway and curb cut configuration shall be abandoned upon demolition of the existing residence Access to the newly created Lot 1 is required to be off the existing 20' “Non- Exclusive Easement” as recorded in Book 572 Page 384. A new curb cut along Cemetery Lane will not be permitted on this lot. Lot 2 shall be allowed one curb cut along Cemetery Lane. Section 5: Parks The Parks Department will require separate landscape and tree protection reviews for each new lot upon the request for building permit. Staff will determine if an approved tree permit will be required prior to demolition or significant property changes. Tree removal mitigation will be handled through cash-in-lieu payment or by on-site plantings, such as street trees. Planting in the public right-of-way will be subject to landscaping in the right-of-way requirements. Improvements to the right-of-way should include new grass and irrigation. The applicant shall work with the Parks Department to design an appropriate trench box for any new tree plantings. Plans for tree plantings shall be completed and conceptually approved prior to building permit submittal. Section 6: Water/Utilities Upon future development of either lot, utility design shall be incorporated into plans that will address individual services and meters for each lot. The Holden-Marolt Ditch runs along the western boundary of each newly created parcel. Prior to recording the plat for the lot split, an easement agreement acceptable and approved by the City Attorney shall be recorded and the ditch with reference to the recorded easement be shown in its full easement width on the plat. Section 7: Existing Floor Area Credit Allocation The floor area calculations for the existing single family home shall be provided with the demolition permit in accordance with Section 26.575.020, Calculations and Measurements. Floor area credit applies to three forms of mitigation. Credit for the existing floor area shall be allocated between the two lots evenly; with the exception of floor area credit as it is applied to P217 IX.b 3 School Land Dedication. 100% of the floor area applied to School Land Dedication fees shall be applied to Lot 1. This allocation, notated by “fee type”, is shown in Table 1. Table 1. Existing Floor Area Credit Allocation Table Fee Type Lot 1 Lot 2 School Land Dedication 100% 0% Parks 50% 50% Affordable Housing 50% 50% If the floor area calculations are not provided prior to demolition, the applicant forfeits the right to any floor area credit. This condition may be amended by the Community Development Director. Nothing herein shall exempt development on these lots to the applicability of impact fees, amendments to fee schedules or adoption of new impact mitigation requirements. Section 8: Vested Property Rights The development approvals granted herein shall constitute a site-specific development plan vested for a period of three (3) years from the date of issuance of a development order. No later than fourteen (14) days following final approval of all requisite reviews necessary to obtain a development order as set forth in this ordinance, the City Clerk shall cause to be published in a newspaper of general circulation within the jurisdictional boundaries of the City of Aspen, a notice advising the general public of the approval of a site specific development plan and creation of a vested property right pursuant to this Title. Such notice shall be substantially in the following form: Notice is hereby given to the general public of the approval of a site specific development plan, and the creation of a vested property right, pursuant to the Land Use Code of the City of Aspen and Title 24, Article 68, Colorado Revised Statutes, pertaining to the following described property: Hutton Lot Split, A tract of land situated in lots 3 and 12, section 12, township 10 south, range 85 west of the 6th principal meridian, being a portion of that certain tract of land described in book 183 at page 271 in the records of Pitkin County, described as follows: beginning at a point on the westerly line of county road whence the west 1/4 corner of said section 12 bears south 58 degrees 17 minutes west 1614.50 feet; thence south 76 degrees 26 minutes west 177.70 feet; thence north 25 degrees 14 minutes west 204.22 feet; thence north 76 degrees 26 minutes east 219.00 feet to a point on the westerly line of said county road; thence south 13 degrees 34 minutes east 200.00 feet along the westerly line of said county road to the point of beginning, County of Pitkin, State of Colorado by Ordinance No. 22, Series of 2015, of the Aspen City Council. Section 9: 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 construed and concluded under such prior ordinances. P218 IX.b 4 Section 10: 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 11: A public hearing on the ordinance shall be held on the 13 th day of July, 2015, 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. Section 12: This ordinance shall become effective thirty (30) days following final adoption. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the 22 nd of June, 2015. Attest: _________________________ ____________________________________ Linda Manning, City Clerk Steven Skadron, Mayor FINALLY, adopted, passed and approved this 13 th day of July, 2015. Attest: _________________________ ____________________________________ Linda Manning, City Clerk Steven Skadron, Mayor Approved as to form: __________________________ James R. True, City Attorney P219 IX.b Ordinance 22, Series 2015 Exhibit A Hutton Lot Split 5 A TRACT OF LAND SITUATED IN LOTS 3 AND 12, SECTION 12, TOWNSHIP 10 SOUTH, RANGE 85 WEST OF THE 6TH PRINCIPAL MERIDIAN, BEING A PORTION OF THAT CERTAIN TRACT OF LAND DESCRIBED IN BOOK 183 AT PAGE 271 IN THE RECORDS OF PITKIN COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE WESTERLY LINE OF COUNTY ROAD WHENCE THE WEST 1/4 CORNER OF SAID SECTION 12 BEARS SOUTH 58 DEGREES 17 MINUTES WEST 1614.50 FEET; THENCE SOUTH 76 DEGREES 26 MINUTES WEST 177.70 FEET; THENCE NORTH 25 DEGREES 14 MINUTES WEST 204.22 FEET; THENCE NORTH 76 DEGREES 26 MINUTES EAST 219.00 FEET TO A POINT ON THE WESTERLY LINE OF SAID COUNTY ROAD; THENCE SOUTH 13 DEGREES 34 MINUTES EAST 200.00 FEET ALONG THE WESTERLY LINE OF SAID COUNTY ROAD TO THE POINT OF BEGINNING, COUNTY OF PITKIN, STATE OF COLORADO P220 IX.b P 2 2 1 I X . b 1 Exhibit B Review Criteria 26.480.060. Minor subdivisions. The following types of subdivision may be approved by the City Council, pursuant to the provisions of Section 26.480.030 – Procedures for Review, and the standards and limitations of each type of subdivision, described below: A. Lot Split. The subdivision of a lot for the purpose of creating one additional development parcel shall be approved, approved with conditions, or denied by the City Council, pursuant to Section 26.480.030 – Procedures for Review, according to the following standards: 1. The request complies with the requirements of Section 26.480.040, General Subdivision Review Standards. Staff Response: The lot split will meet 26.480.040 Review Standards A-C. The lot split meets Review Standard D, with the following condition: The existing structure will span the parcel boundary between the two lots; however, an assurance will be included in the ordinance a condition of approval will be included into the ordinance that allows the structure to remain for the life of the original structure only. Upon demolition, as defined in Section 26.104.100, Definitions, all structures on Lot 1 and Lot 2 shall comply with the R-15 Zone District provisions with respect to the newly created lot boundaries and setbacks. Staff finds this criterion met. 2. No more than two lots are created by the lot split. No more than one lot split shall occur on any one fathering parcel. Staff Response: The Applicant is proposing two lots as a result of this lot split. The fathering parcel has a gross lot size of 39,704 sf with a net lot area of 35,362 sf. There is a 4,342 sf non-exclusive access easement along the northern portion of the lot. The lot split will create two lots. Lot 1 will have a gross lot area of 22,023 sf and a net lot area of 17,681 sf. Both the gross and net lot area of Lot 2 will be 17,681 sf. The proposed lots are located in the Moderate-Density Residential (R-15) zone district, which requires a minimum gross lot area of 15,000 sf. The proposed lot dimensions will conform to the requirements of the R-15 zone district. Staff finds these criteria to be met. 3. The Lot Split Plat shall be reviewed and recorded in the office of the Pitkin County Clerk and Recorder, pursuant to Chapter 26.490 – Approval Documents. No subdivision agreement need be prepared or entered into between the applicant and the City unless the Community Development Director determines such an agreement is necessary. Staff Response: A final subdivision plat reflecting the lot split shall be recorded pursuant to the requirements of Pitkin County Clerk and Recorder, Chapter 26.490 and Title 29, Engineering Design Standards, as amended. P222 IX.b 2 The existing single family home will span the parcel boundary between the newly created lots, resulting in a non-conformity. This non-conformity is addressed in review criteria 26.480.040.D, Existing Structures, Uses, and Non-Conformities. No subdivision agreement shall be required between the applicant and the City. Staff finds these criteria met. 26.480.040. General subdivision review standards. All subdivisions shall be required to conform to the following general standards and limitations in addition to the specific standards applicable to each type of subdivision: A. Guaranteed Access to a Public Way. All subdivided lots must have perpetual unobstructed legal vehicular access to a public way. A proposed subdivision shall not eliminate or obstruct legal vehicular access from a public way to an adjacent property. All streets in a Subdivision retained under private ownership shall be dedicated to public use to ensure adequate public and emergency access. Security/privacy gates across access points and driveways are prohibited. Staff Response: The lot split shall not obstruct any legal vehicular access. A non- exclusive access easement (Exhibit D) to 729/731 Cemetery Lane is located on the northern portion of Lot 1 and no changes to said easement are proposed. The existing driveway and curb cut shall be abandoned and access to the two newly created lots shall be in accordance with Engineering Standards. Lot 1 shall be provided access from the existing 20’ Non-Exclusive Access Easement as recorded in Book 572 Page 384 (Exhibit D). No security and/or privacy gates are proposed. Staff finds these criteria met. B. Alignment with Original Townsite Plat . The proposed lot lines shall approximate, to the extent practical, the platting of the Original Aspen Townsite, and additions thereto, as applicable to the subject land. Minor deviations from the original platting lines to accommodate significant features of the site may be approved. Staff Response: The fathering parcel is located on Cemetery Lane, which is outside of the original Aspen Townsite. The applicant has supplied the dimensions of 12 neighboring parcels and calculated the mean lot area of 17,828 sf and a mean lot width of 105 feet. At 22,023 and 17,681 sf; with a 106 and 94 feet front lot line(s), respectively; the lot split will result in parcels with dimensions similar in character to other lots the Cemetery Lane area. Staff finds these criteria met. C. Zoning Conformance. All new lots shall conform to the requirements of the zone district in which the property is situated, including variations and variances approved pursuant to this Title. A single lot shall not be located in more than one zone district unless unique circumstances dictate. A rezoning application may be considered concurrently with subdivision review. Staff Response: The fathering parcel has a gross lot size of 39,704 sf with a net lot area of 35,362 sf. There is a 4,342 sf non-exclusive access easement along the northern portion of the lot. The lot split will create two lots. Lot 1 will have a gross lot area of 22,023 sf and a net lot area of 17,681 sf. Both the gross and net lot area of Lot 2 will be 17,681 sf. The dimensional characteristics of Lot 1 and Lot 2 comply with the P223 IX.b 3 requirements of the R-15 zone district. Both new lots are wholly within the R-15 zone district; therefore, a rezoning application is not required. Staff finds these criteria met. D. Existing Structures, Uses, and Non-Conformities . A subdivision shall not create or increase the non-conformity of a use, structure or parcel. A rezoning application or other mechanism to correct the non-conforming nature of a use, structure, or parcel may be considered concurrently. In the case where an existing structure or use occupies a site eligible for subdivision, the structure need not be demolished and the use need not be discontinued prior to application for subdivision. If approval of a subdivision creates a non-conforming structure or use, including a structure spanning a parcel boundary, such structure or use may continue until recordation of the subdivision plat. Alternatively, the City may accept certain assurance that the non-conformities will be remedied after recordation of the subdivision plat. Such assurances shall be reflected in a development agreement or other legal mechanism acceptable to the City Attorney and may be time-bound or secured with a financial surety. Staff Response: The existing structure will span the parcel boundary between the two new lots, resulting in a non-conformity. As an alternative to the demolition of the structure prior to recordation of the final subdivision plat, a condition of approval will be included into the ordinance that allows the structure to remain for the life of the original structure only. Upon demolition, as defined in Section 26.104.100, Definitions, all structures on Lot 1 and Lot 2 shall comply with the R-15 Zone District provisions with respect to the newly created lot boundaries and setbacks. Staff finds these criteria met. P224 IX.b P225 IX.b P226 IX.b P227 IX.b P228 IX.b P229 IX.b Lot Split Application 725 Cemetery Lane (PID# 2735-122-00-008) Submitted: March 2015 P.O. Box 73, Aspen, CO 81612 970-948-0002 www.bmcaspen.com P230 IX.b www.bmcaspen.com P.O. Box 73 Aspen, CO 81612 970-948-0002                                                       March 16, 2015  Chris Bendon, AICP, Director  City of Aspen Community Development  130 S. Galena Street, 3rd Floor  Aspen, CO 81611    RE: 725 Cemetery Lane Lot Split    Dear Chris:     Please accept this application for a Lot Split for the property located at 725 Cemetery Lane owned by  Robert Hutton (ID # 2735‐122‐00‐008). Enclosed you will find 10 copies for distribution, each addressing  the appropriate code section(s) and including the requirements outlined in the pre‐app prepared by  Amy Simon and Jessica Garrow dated February 27, 2015. We have also includes the Agreement to Pay  form and a check to initiate the application review.    Please let us know at your earliest convenience if an item was not included that is required for the  application to be deemed complete and scheduled for review with City Council.     We appreciate you and your staff’s time in reviewing this application and are available to answer any  questions as they may arise.    Sincerely,      Brian McNellis AICP, ASLA  BMC Planning + Design            P231 IX.b ATTACHMENT 3 DIMENSIONAL REQUIREMENTS FORM Project: Applicant: Location: Zone District: Lot Size: Lot Area: (for the purposes of calculating Floor Area, Lot Area may be reduced for areas within the high water mark, easements, and steep slopes. Please refer to the definition of Lot Area in the Municipal Code.) Commercial net leasable: Existing:__________Proposed:___________________ Number of residential units: Existing:__________Proposed:___________________ Number of bedrooms: Existing:__________Proposed:___________________ Proposed % of demolition (Historic properties only):__________ DIMENSIONS: Floor Area: Existing:_________Allowable:__________Proposed:________ Principal bldg. height: Existing:_________Allowable:__________Proposed:________ Access. bldg. height: Existing:_________Allowable:__________Proposed:________ On-Site parking: Existing:_________Required:___________Proposed:________ % Site coverage: Existing:_________Required:___________Proposed:________ % Open Space: Existing:_________Required:___________Proposed:________ Front Setback: Existing:_________Required:___________Proposed:________ Rear Setback: Existing:_________Required:___________Proposed:________ Combined F/R: Existing:_________Required:___________Proposed:________ Side Setback: Existing:_________Required:___________Proposed:________ Side Setback: Existing:_________Required:___________Proposed:________ Combined Sides: Existing:_________Required:___________Proposed:________ Distance Between Buildings Existing ________Required:__________Proposed:_____ Existing non-conformities or encroachments:___________________________________ _______________________________________________________________________ Variations requested: ______________________________________________________ ________________________________________________________________________ P232 IX.b ATTACHMENT 2 –LAND USE APPLICATION PROJECT: TYPE OF APPLICATION: (please check all that apply): Name: Location: (Indicate street address, lot & block number, legal description where appropriate) Parcel ID # (REQUIRED) APPLICANT: Name: Address: Phone #: REPRESENTATIVE: Name: Address: Phone #: GMQS Exemption Conceptual PUD Temporary Use GMQS Allotment Final PUD (& PUD Amendment) Text/Map Amendment Special Review Subdivision Conceptual SPA ESA – 8040 Greenline, Stream Margin, Hallam Lake Bluff, Mountain View Plane Subdivision Exemption (includes condominiumization) Final SPA (& SPA Amendment) Commercial Design Review Lot Split Small Lodge Conversion/ Expansion Residential Design Variance Lot Line Adjustment Other: Conditional Use EXISTING CONDITIONS: (description of existing buildings, uses, previous approvals, etc.) PROPOSAL: (description of proposed buildings, uses, modifications, etc.) Have you attached the following? FEES DUE: $_________ Pre-Application Conference Summary Attachment #1, Signed Fee Agreement Response to Attachment #3, Dimensional Requirements Form Response to Attachment #4, Submittal Requirements- Including Written Responses to Review Standards 3-D Model for large project All plans that are larger than 8.5” X 11” must be folded. A disk with an electric copy of all written text (Microsoft Word Format) must be submitted as part of the application. Large scale projects should include an electronic 3-D model. Your pre-application conference summary will indicate if you must submit a 3-D model. P233 IX.b P 2 3 4 I X . b P 2 3 5 I X . b P 2 3 6 I X . b P 2 3 7 I X . b Property Location: 725 Cemetery Lane, Aspen, CO                                                                 Vicinity Map (City of Aspen)    Legal Description A TRACT OF LAND SIUTATED IN LOTS 3 AND 12, SECTION 12, TOWNSHIP 10 SOUTH, RANGE 85 WEST OF THE 6TH PRINCIPAL MERIDIAN, BEING A PORTION OF THAT CERTAIN TRACT OF LAND DESCRIBED IN BOOK 183 AT PAGE 271 IN THE RECORDS OF PITKIN COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE WESTERLY LINE OF COUNTY ROAD WHENCE THE WEST 1/4 CORNEROF SAID SECTION 12 BEARS SOUTH 58 DEGREES 17 MINUTES WEST 1614.50 FEET; THENCE SOUTH 76 DEGREES 26 MINUTES WEST 177.70 FEET; THENCE NORTH 25 DEGREES 14 MINUTES WEST 204.22 FEET; THENCE NORTH 76 DEGREES 26 MINUTES EAST 219.00 FEET TO A POINT ON THE WESTERLY LINE OF SAID COUNTY ROAD; THENCE SOUTH 13 DEGREES 34 MINUTES EAST 200.00 FEET ALONG THE WESTERLY LINE OF SAID COUNTY ROAD TO THE POINT OF BEGINNING, COUNTY OF PITKIN,STATE OF COLORADO.   P238 IX.b Project Overview    This application requests approval to subdivide (Lot Split) a parcel of land in accordance with  Section 26.480.060 ‐ Minor Subdivisions of the Aspen Land Use Code. The property is located  at 725 Cemetery Lane and is 39,704 square feet in size (over 2.5 times the minimum lot size  allowed within the R‐15 zoned district as currently designated). If granted, the Lot Split will  allow for the creation of two smaller parcels that conform to the character of the Cemetery  Lane neighborhood and the R‐15 zone district.    The residence that occupies the property will be removed to accommodate the subdivision  request. Demolition of the structure will occur prior to recordation of a new subdivision plat.    26.304.035 Neighborhood Outreach    …C. Appropriate forms of public outreach. The applicant must choose to do one or more of  the following forms of neighborhood outreach. Community Development Department  staff may, as part of the pre‐application conference, suggest certain forms of  neighborhood outreach that would be most appropriate for a development application. In  addition, Community Development Department staff may identify specific aspects of the  project or potential impacts of the project that should be addressed as part of the  neighborhood outreach.     …3. Enhanced Public Information. The applicant must provide detailed information on  the project in the form of a project website, a detailed public notice mailing, etc. that  explains the proposal, outlines the review process, provides visual rendering or maps, or  any other information that will describe the project in layman’s terms. The applicant  shall be responsible for coordinating the information. The applicant must conduct a  minimum level noticing, pursuant to Section 26.304.060.E.3.c, to ensure the public is  aware of a website, etc. Additional noticing beyond that called for in Section  26.304.060.E.3.c may be provided.    Response: Staff has determined that neighborhood outreach is appropriate for this proposal and  the applicant is prepared to facilitate an enhanced public notice mailing (described above) that will  be included  as part of the typical public noticing requirements.     26.480.060 Minor Subdivisions    The following types of subdivision may be approved by the City Council, pursuant to the  provisions of Section 26.480.030     Procedures for Review, and the standards and limitations of each type of subdivision,  described below:    P239 IX.b A. Lot Split. The subdivision of a lot for the purpose of creating one additional  development parcel shall be approved, approved with conditions, or denied by the City  Council, pursuant to Section 26.480.030 Procedures for Review, according to the  following standards:     1. The request complies with the requirements of Section 26.480.040, General  Subdivision Review Standards.    Response: The request complies with the General Subdivision Review Standards (see below).    2. No more than two lots are created by the lot split. No more than one lot split shall  occur on any one fathering parcel.    Response: No more than 2 lots will be created by the Lot Split.    3. The Lot Split Plat shall be reviewed and recorded in the office of the Pitkin County  Clerk and Recorder, pursuant to Chapter 26.490 Approval Documents. No  subdivision agreement need be prepared or entered into between the applicant and  the City unless the Community Development Director determines such an  agreement is necessary.     Response: The Lot Split Plat shall be reviewed by Planning Staff and recorded pursuant to the  requirements of the Aspen Land Use Code and the Clerk & Recorder’s office.     26.480.040. General subdivision review standards    All subdivisions shall be required to conform to the following general standards and limitations  in addition to the specific standards applicable to each type of subdivision:     A. Guaranteed Access to a Public Way. All subdivided lots must have perpetual  unobstructed legal vehicular access to a public way. A proposed subdivision shall not  eliminate or obstruct legal vehicular access from a public way to an adjacent property.  All streets in a Subdivision retained under private ownership shall be dedicated to  public use to ensure adequate public and emergency access. Security/privacy gates  across access points and driveways are prohibited.     Response: The Lot Split will not obstruct access to any adjacent properties and each of the new  lots shall have direct access to Cemetery Lane’s public right‐of‐way. This proposal will not change  or modify the 20’ wide driveway/access easement along the northern boundary of the subject  parcel and it shall continue to allow access to the property located immediately to the west. No  new streets will be created and no additional road cuts along Cemetery Lane are requested. The  Lot Split will eliminate the current looped driveway and therefore extinguish an existing curb cut  along Cemetery Lane. Security and/or privacy gates will not be used on any access point to the  properties or adjacent properties.  P240 IX.b   B. Alignment with Original Townsite Plat. The proposed lot lines shall approximate, to the  extent practical, the platting of the Original Aspen Townsite, and additions thereto, as  applicable to the subject land. Minor deviations from the original platting lines to  accommodate significant features of the site may be approved.     Response: Upon researching 12 properties along the western side of Cemetery Lane (on each side  of the subject parcel) it was calculated that the average lot area is approximately 17,828 square  feet with an average width of about 105 feet. If granted, the Lot Split would create two parcels –  one at 17,681 square feet and the other (including the existing access easement) at 22,023 square  feet. The resulting property lines along Cemetery Lane will be 94 and 106 feet respectively. The  proposal will foster a residential condition that is more in conformance with the traditional lot  sizes depicted on the Original Townsite Plat and those existing in the Cemetery Lane  neighborhood.    C. Zoning Conformance. All new lots shall conform to the requirements of the zone  district in which the property is situated, including variations and variances approved  pursuant to this Title. A single lot shall not be located in more than one zone district  unless unique circumstances dictate. A rezoning application may be considered  concurrently with subdivision review.     Response: The resulting lots will exceed the minimal dimensional requirements of the R15 zone  district. No variances or zoning changes are requested as part of this application.     D.  Existing Structures, Uses, and Non‐Conformities. A subdivision shall not create or  increase the non‐conformity of a use, structure or parcel. A rezoning application or  other mechanism to correct the non‐conforming nature of a use, structure, or parcel  may be considered concurrently.     Response: There are no non‐conformities on the property currently. No non‐conformities will be  created by the proposed Lot Split.    26.710.050 Moderate ‐ Density Residential (R‐15).    A. Purpose. The purpose of the Moderate ‐ Density Residential (R‐15) Zone District is to   provide areas for long‐term residential purposes, short term vacation rentals, and  customary accessory uses. Recreational and institutional uses customarily found in  proximity to residential uses are included as conditional uses. Lands in the Moderate‐ Density Residential (R‐15) Zone District typically consist of additions to the Aspen  Townsite and subdivisions on the periphery of the City. Lands within the Townsite  which border Aspen Mountain are also included in the Moderate‐Density Residential  (R‐15) Zone District.    P241 IX.b Response: The proposed Lot Split will create two smaller parcels that better conform to the intent  of R‐15 zone district where the minimum lot size is 15,000 square feet. The fathering parcel is  currently 200 feet wide while the minimum in the zone district is 75 feet. If granted, the Lot Split  will establish a more consistent streetscape condition by creating lots that are no greater than 1o6  feet wide. No variances from the R‐15 setback requirements are requested.   P242 IX.b P 2 4 3 I X . b Customer Distribution Our Order Number: Q62006490 Date: 02-24-2015 Property Address: 725 CEMETERY LANE, ASPEN, CO 81611 For Closing Assistance Kimberly Parham 533 E HOPKINS #102 ASPEN, CO 81611 970-925-1678 (phone) 303-393-4870 (fax) kparham@ltgc.com Closer's Assistant NIKKI DURRETT 533 E HOPKINS #102 ASPEN, CO 81611 970-925-1678 (phone) 800-318-8202 (fax) ndurrett@ltgc.com For Title Assistance KIM SHULTZ 533 E HOPKINS #102 ASPEN, CO 81611 970-927-0405 (phone) 970-925-6243 (fax) kshultz@ltgc.com Buyer/Borrower LIBMAN DEVELOPMENT LLC Delivered via: Electronic Mail Agent for Seller Attention: MICHAEL LUCIANO 166 SWINGING BRIDGE LANE BASALT, CO 81621 970-927-0837 (work) mike@libmangroup.com,heather@libmangroup.com Delivered via: Electronic Mail Seller/Owner ROBERT C. HUTTON Delivered via: Electronic Mail OLD REPUBLIC NATIONAL TITLE Attention: RICH JONES 1301 WASHINGTON AVE #300 GOLDEN, CO 80401 303-421-6495 (work) rjones@ortcolo.com Delivered via: Electronic Mail P244 IX.b Wire Instructions Bank: Address: ABA No: Account: Attention: ALPINE BANK 600 E HOPKINS ASPEN, CO 81611 102103407 2020010529 Kimberly Parham Reference Q62006490 *If any of the above information is missing, the wire will be returned to sender. *If you have questions or concerns, please contact your closer. *Please remit funds in the form of a cashiers check or wire ***NOTE: Land Title can not accept buyer funds in the form of personal checks, and buyer funds delivered using ACH payment systems may result in the delay or cancellation of your closing. P245 IX.b Land Title Guarantee Company Estimate of Title Fees Order Number:Q62006490 Date: 02-24-2015 Property Address:725 CEMETERY LANE, ASPEN, CO 81611 Buyer/Borrower:LIBMAN DEVELOPMENT LLC Seller:ROBERT C. HUTTON Visit Land Title's website at www.ltgc.com for directions to any of our offices. Estimate of Title Insurance Fees ALTA Owners Policy 06-17-06 (Reissue Rate) Deletion of Standard Exception(s) Tax Certificate $3,947.00 $65.00 $21.00 If Land Title Guarantee Company will be closing this transaction, the fees listed above will be collected at closing. Total $4,033.00 THANK YOU FOR YOUR ORDER! P246 IX.b ALTA COMMITMENT Old Republic National Title Insurance Company Schedule A Order Number: Q62006490 Customer Ref-Loan No.: Property Address: 725 CEMETERY LANE, ASPEN, CO 81611 1. Effective Date: 02-05-2015 at 05:00PM 2. Policy to be Issued and Proposed Insured: "ALTA" Owner's Policy 06-17-06 $4,700,000.00 Proposed Insured: LIBMAN DEVELOPMENT LLC 3. The estate or interest in the land described or referred to in this Commitment and covered herein is: A FEE SIMPLE 4. Title to the estate or interest covered herein is at the effective date hereof vested in: ROBERT C. HUTTON 5. The Land referred to in this Commitment is described as follows: A TRACT OF LAND SIUTATED IN LOTS 3 AND 12, SECTION 12, TOWNSHIP 10 SOUTH, RANGE 85 WEST OF THE 6TH PRINCIPAL MERIDIAN, BEING A PORTION OF THAT CERTAIN TRACT OF LAND DESCRIBED IN BOOK 183 AT PAGE 271 IN THE RECORDS OF PITKIN COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE WESTERLY LINE OF COUNTY ROAD WHENCE THE WEST 1/4 CORNER OF SAID SECTION 12 BEARS SOUTH 58 DEGREES 17 MINUTES WEST 1614.50 FEET; THENCE SOUTH 76 DEGREES 26 MINUTES WEST 177.70 FEET; THENCE NORTH 25 DEGREES 14 MINUTES WEST 204.22 FEET; THENCE NORTH 76 DEGREES 26 MINUTES EAST 219.00 FEET TO A POINT ON THE WESTERLY LINE OF SAID COUNTY ROAD; THENCE SOUTH 13 DEGREES 34 MINUTES EAST 200.00 FEET ALONG THE WESTERLY LINE OF SAID COUNTY ROAD TO THE POINT OF BEGINNING, COUNTY OF PITKIN, STATE OF COLORADO. Copyright 2006-2015 American Land Title Association. All Rights Reserved The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. P247 IX.b ALTA COMMITMENT Old Republic National Title Insurance Company Schedule B-1 (Requirements) Order Number: Q62006490 The following are the requirements to be complied with: Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be insured. Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record, to-wit: 1.PROVIDE LAND TITLE GUARANTEE COMPANY WITH A CURRENT IMPROVEMENT LOCATION CERTIFICATE OF SUBJECT PROPERTY. THIS REQUIREMENT IS NECESSARY TO DELETE STANDARD EXCEPTIONS 1-3 AND MUST DISCLOSE THE LOCATION OF FENCE LINES ALONG THE SUBJECT PROPERTY BOUNDARIES, IF ANY. (IF NO FENCE IMPROVEMENTS EXIST ALONG THE PROPERTY PERIMETERS, THE CERTIFICATE MUST AFFIRMATIVELY STATE SUCH). UPON REVIEW, ADDITIONAL REQUIREMENTS AND/OR EXCEPTIONS MAY BE NECESSARY. NOTE: ANY MATTERS DISCLOSED BY SAID IMPROVEMENT LOCATION CERTIFICATE WILL BE REFLECTED ON SAID POLICY(S) TO BE ISSUED HEREUNDER. NOTE: LAND TITLE IS NOT RESPONSIBLE FOR ORDERING SAID IMPROVEMENT LOCATION CERTIFICATE. 2.EVIDENCE SATISFACTORY TO THE COMPANY THAT THE TERMS, CONDITIONS AND PROVISIONS OF THE CITY OF ASPEN TRANSFER TAX HAVE BEEN SATISFIED. 3.RELEASE OF DEED OF TRUST DATED JUNE 13, 2013 FROM ROBERT C. HUTTON TO THE PUBLIC TRUSTEE OF PITKIN COUNTY FOR THE USE OF ANB BANK TO SECURE THE SUM OF $495,000.00 RECORDED JUNE 19, 2013, UNDER RECEPTION NO. 600483. 4.WARRANTY DEED FROM ROBERT C. HUTTON TO LIBMAN DEVELOPMENT LLC CONVEYING SUBJECT PROPERTY. REQUIREMENTS TO PROVIDE OWNER'S COVERAGE IN THE OWNER'S POLICY TO BE ISSUED A. UPON RECEIPT BY THE COMPANY OF A SATISFACTORY FINAL AFFIDAVIT AND AGREEMENT FROM THE SELLER AND PROPOSED INSURED, EXCEPTIONS 1 THROUGH 4 OF THE STANDARD EXCEPTIONS WILL BE DELETED. ANY ADVERSE MATTERS DISCLOSED BY THE FINAL AFFIDAVIT AND AGREEMENT WILL BE ADDED AS EXCEPTIONS. B. IF LAND TITLE GUARANTEE CONDUCTS THE CLOSING OF THE CONTEMPLATED TRANSACTIONS AND RECORDS THE DOCUMENTS IN CONNECTION THEREWITH, EXCEPTION NO. 5 OF THE STANDARD EXCEPTIONS WILL BE DELETED. C. UPON RECEIPT OF PROOF OF PAYMENT OF ALL PRIOR YEARS' TAXES AND ASSESSMENTS, EXCEPTION NO. 6 OF THE STANDARD EXCEPTIONS WILL BE AMENDED TO READ: TAXES AND ASSESSMENTS FOR THE YEAR 2015 AND SUBSEQUENT YEARS. NOTE: ALL PARTIES WILL BE REQUIRED TO SIGN A FINAL AFFIDAVIT AND AGREEMENT AT CLOSING. P248 IX.b Old Republic National Title Insurance Company Schedule B-2 (Exceptions) Order Number: Q62006490 The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 1.Any facts, rights, interests, or claims thereof, not shown by the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 2.Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. 3.Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records. 4.Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the Public Records. 5.Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date of the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. 6.(a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 7.(a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water. 8.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, AND A RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED STATES, AS RESERVED IN UNITED STATES PATENT RECORDED JUNE 16, 1894 IN BOOK 55 AT PAGE 45. 9.UTILITY EASEMENT AS GRANTED TO MOUNTAIN STATES TELEPHONE AND TELEGRAPH CO. IN INSTRUMENT RECORDED DECEMBER 11, 1929, IN BOOK 162 AT PAGE 172. 10.TERMS, CONDITIONS AND PROVISIONS OF DECLARATION RECORDED AUGUST 08, 1958 IN BOOK 184 AT PAGE 435. 11.TERMS, CONDITIONS AND PROVISIONS OF AGREEMENT RECORDED APRIL 28, 1964 IN BOOK 206 AT PAGE 560. 12.TERMS, CONDITIONS AND PROVISIONS OF EASEMENT RECORDED SEPTEMBER 01, 1988 IN BOOK 572 AT PAGE 384. P249 IX.b JOINT NOTICE OF PRIVACY POLICY OF LAND TITLE GUARANTEE COMPANY, LAND TITLE GUARANTEE COMPANY - GRAND JUNCTION, LAND TITLE INSURANCE CORPORATION AND OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY This Statement is provided to you as a customer of Land Title Guarantee Company and Meridian Land Title, LLC, as agents for Land Title Insurance Corporation and Old Republic National Title Insurance Company. We want you to know that we recognize and respect your privacy expectations and the requirements of federal and state privacy laws. Information security is one of our highest priorities. We recognize that maintaining your trust and confidence is the bedrock of our business. We maintain and regularly review internal and external safeguards against unauthorized access to non-public personal information ("Personal Information"). In the course of our business, we may collect Personal Information about you from: applications or other forms we receive from you, including communications sent through TMX, our web-based transaction management system; your transactions with, or from the services being performed by, us, our affiliates, or others; a consumer reporting agency, if such information is provided to us in connection with your transaction; and the public records maintained by governmental entities that we either obtain directly from those entities, or from our affiliates and non-affiliates. Our policies regarding the protection of the confidentiality and security of your Personal Information are as follows: We restrict access to all Personal Information about you to those employees who need to know that information in order to provide products and services to you. We maintain physical, electronic and procedural safeguards that comply with federal standards to protect your Personal Information from unauthorized access or intrusion. Employees who violate our strict policies and procedures regarding privacy are subject to disciplinary action. We regularly access security standards and procedures to protect against unauthorized access to Personal Information. WE DO NOT DISCLOSE ANY PERSONAL INFORMATION ABOUT YOU WITH ANYONE FOR ANY PURPOSE THAT IS NOT PERMITTED BY LAW. Consistent with applicable privacy laws, there are some situations in which Personal Information may be disclosed. We may disclose your Personal Information when you direct or give us permission; when we are required by law to do so, for example, if we are served a subpoena; or when we suspect fraudulent or criminal activities. We also may disclose your Personal Information when otherwise permitted by applicable privacy laws such as, for example, when disclosure is needed to enforce our rights arising out of any agreement, transaction or relationship with you. Our policy regarding dispute resolution is as follows. Any controversy or claim arising out of or relating to our privacy policy, or the breach thereof, shall be settled by arbitration in accordance with the rules of the American Arbitration Association, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. P250 IX.b LAND TITLE GUARANTEE COMPANY LAND TITLE GUARANTEE COMPANY - GRAND JUNCTION DISCLOSURE STATEMENTS Note: Pursuant to CRS 10-11-122, notice is hereby given that: A)The Subject real property may be located in a special taxing district. B)A certificate of taxes due listing each taxing jurisdiction will be obtained from the county treasurer of the county in which the real property is located or that county treasurer's authorized agent unless the proposed insured provides written instructions to the contrary. (for an Owner's Policy of Title Insurance pertaining to a sale of residential real property) C)The information regarding special districts and the boundaries of such districts may be obtained from the Board of County Commissioners, the County Clerk and Recorder, or the County Assessor. Note: Effective September 1, 1997, CRS 30-10-406 requires that all documents received for recording or filing in the clerk and recorder's office shall contain a top margin of at least one inch and a left, right and bottom margin of at least one half of an inch. The clerk and recorder may refuse to record or file any document that does not conform, except that, the requirement for the top margin shall not apply to documents using forms on which space is provided for recording or filing information at the top margin of the document. Note: Colorado Division of Insurance Regulations 3-5-1, Paragraph C of Article VII requires that "Every title entity shall be responsible for all matters which appear of record prior to the time of recording whenever the title entity conducts the closing and is responsible for recording or filing of legal documents resulting from the transaction which was closed". Provided that Land Title Guarantee Company conducts the closing of the insured transaction and is responsible for recording the legal documents from the transaction, exception number 5 will not appear on the Owner's Title Policy and the Lenders Policy when issued. Note: Affirmative mechanic's lien protection for the Owner may be available (typically by deletion of Exception no. 4 of Schedule B-2 of the Commitment from the Owner's Policy to be issued) upon compliance with the following conditions: A)The land described in Schedule A of this commitment must be a single family residence which includes a condominium or townhouse unit. B)No labor or materials have been furnished by mechanics or material-men for purposes of construction on the land described in Schedule A of this Commitment within the past 6 months. C)The Company must receive an appropriate affidavit indemnifying the Company against un-filed mechanic's and material-men's liens. D)The Company must receive payment of the appropriate premium. E)If there has been construction, improvements or major repairs undertaken on the property to be purchased within six months prior to the Date of the Commitment, the requirements to obtain coverage for unrecorded liens will include: disclosure of certain construction information; financial information as to the seller, the builder and or the contractor; payment of the appropriate premium fully executed Indemnity Agreements satisfactory to the company, and, any additional requirements as may be necessary after an examination of the aforesaid information by the Company. No coverage will be given under any circumstances for labor or material for which the insured has contracted for or agreed to pay. Note: Pursuant to CRS 10-11-123, notice is hereby given: This notice applies to owner's policy commitments disclosing that a mineral estate has been severed from the surface estate, in Schedule B-2. A)That there is recorded evidence that a mineral estate has been severed, leased, or otherwise conveyed from the surface estate and that there is a substantial likelihood that a third party holds some or all interest in oil, gas, other minerals, or geothermal energy in the property; and B)That such mineral estate may include the right to enter and use the property without the surface owner's permission. Note: Pursuant to CRS 10-1-128(6)(a), It is unlawful to knowingly provide false, incomplete, or misleading facts or information to an insurance company for the purpose of defrauding or attempting to defraud the company. Penalties may include imprisonment, fines, denial of insurance, and civil damages. Any insurance company or agent of an insurance company who knowingly provides false, incomplete, or misleading facts or information to a policyholder or claimant for the purpose of defrauding or attempting to defraud the policyholder or claimant with regard to a settlement or award payable from insurance proceeds shall be reported to the Colorado Division of Insurance within the Department of Regulatory Agencies. Commitment to Insure P251 IX.b ALTA Commitment - 2006 Rev. OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY, a Minnesota corporation, (Company) for a valuable consideration, commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the Proposed Insured named in Schedule A, as owner or mortgagee of the estate or interest in the land described or referred to in Schedule A, upon payment of the premiums and charges and compliance with the requirements; all subject to the provisions of Schedule A and B and to the Conditions of this Commitment. This Commitment shall be effective only when the identity of the Proposed Insured and the amount of the policy or policies committed for have been inserted in Schedule A by the Company. All liability and obligation under this commitment shall cease and terminate six months after the Effective Date or when the policy or policies committed for shall issue, whichever first occurs, provided that the failure to issue such policy or policies is not the fault of the Company. CONDITIONS AND STIPULATIONS 1.The term "mortgage", when used herein, shall include deed of trust, trust deed, or other security instrument. 2.If the proposed Insured has or acquires actual knowledge of any defect, lien, encumbrance, adverse claim or other matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in Schedule B hereof, and shall fail to disclose such knowledge to Company in writing, the Company shall be relieved from liability for any loss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure to so disclose such knowledge. If the proposed Insured shall disclose such knowledge to the Company, or if the Company otherwise acquires actual knowledge of any such defect, lien, encumbrance, adverse claim or other matter, the Company at its option may amend Schedule B of this Commitment accordingly, but such amendment shall not relieve the Company from liability previously incurred pursuant to paragraph 3 of these Conditions and Stipulations. 3.Liability of the Company under this Commitment shall be only to the named proposed Insured and such parties included under the definition of Insured in the form of policy or policies committed for and only for actual loss incurred in reliance hereon in undertaking in good faith (a) to comply with the requirements hereof or (b) to eliminate exceptions shown in Schedule B, or (c) to acquire or create the estate or interest or mortgage thereon covered by this Commitment. In no event shall such liability exceed the amount stated in Schedule A for the policy or policies committed for and such liability is subject to the insuring provisions and the Conditions and Stipulations and the Exclusions from Coverage of the form of policy or policies committed for in favor of the proposed Insured which are hereby incorporated by reference and are made a part of this Commitment except as expressly modified herein. 4.This commitment is a contract to issue one or more title insurance policies and is not an abstract of title or a report of the condition of title. Any action or actions or rights of action that the proposed Insured may have or may bring against the Company arising out of the status of the title to the estate or interest or the status of the mortgage thereon covered by this Commitment must be based on and are subject to the provisions of this Commitment. 5.The policy to be issued contains an arbitration clause. All arbitrable matters when the Amount of Insurance is $2,000,000 or less shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. You may review a copy of the arbitration rules at www.alta.org. STANDARD EXCEPTIONS In addition to the matters contained in the Conditions and Stipulations and Exclusions from Coverage above referred to, this Commitment is also subject to the following: 1.Rights or claims of parties in possession not shown by the Public Records. 2.Easements, or claims of easements, not shown by the Public Records. 3.Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct survey or inspection of the Land would disclose and which are not shown by the Public Records. 4.Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the Public Records. 5.Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the Public Records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. IN WITNESS WHEREOF, Old Republic National Title Insurance Company has caused its corporate name and seal to be affixed by its duly authorized officers on the date shown in Schedule A to be valid when countersigned by a validating officer or other authorized signatory. Old Republic National Title Insurance Company a Stock Company 400 Second Avenue South Minneapolis, Minnesota 55401 (612)371-1111 Authorized Officer or Agent Issued by: Land Title Guarantee Company 3033 East First Avenue Suite 600 Denver, Colorado 80206 303-321-1880 John E. Freyer, President P252 IX.b 777 CLUB LLC 777 CEMETERY LN ASPEN, CO 81611 ASPEN GOLF PRO SHOP 299 MILWAUKEE ST #502 DENVER, CO 80206-5045 ASPEN SCHOOL DISTRICT NO 1 RE 0235 HIGH SCHOOL RD ASPEN, CO 81611 BARWICK STEPHEN H 705 CEMETERY LN ASPEN, CO 81611 BIDWELL CAPITAL LLC 2711 N HASKELL AVE STE 1650 DALLAS, TX 75204 BRENNAN CHRISTINE 3 BOARDMAN PL CAMBRIDGE, MA 02139 CALLAHAN CYNTHIA TRUST 74.95% 750 CEMETERY LN ASPEN, CO 81611 CARRIS SANDRA L TRUST NUMBER TWO PO BOX 966 ASPEN, CO 81612 CITY OF ASPEN 130 S GALENA ST ASPEN, CO 81611 DRUEDING THOMAS W 3 BOARDMAN PL CAMBRIDGE, MA 02139 ENGELS JOHN L & VELMA B PO BOX 8132 ASPEN, CO 81612 GREENE ANTHONY F 705 CASTLE CREEK DR ASPEN, CO 81611 HUDSON FRASHER ANN 616 TEXAS ST FORT WORTH, TX 76102 KATZ ANDREW & DEBORAH 1 SUSSEX ST LONDON, UNITED KINGDOM SW1V4RZ, MACCASKILL PAUL L PO BOX 12374 ASPEN, CO 81612 MENSCHER LELYA J 725 CASTLE CREEK DR ASPEN, CO 81611 MEYER FAMILY LLC 101 DESTIN RIVER RIDGE, LA 70123 NELSON NATHAN & TARA 707 CEMETERY LN ASPEN, CO 81611 ORE BUCKET ASSOC LLC 1944 HUDSON ST DENVER, CO 80220 OREN NEDRA RES TRUST 3526 BAYSHORE VILLAS DR COCONUT GROVE, FL 33133 RABINOW RICHARD A & KATHRYN L E 3711 SAN FELIPE #12-I HOUSTON, TX 77027 RED MTN GRILL 1000 TRUSCOTT PL ASPEN, CO 81611 ROUSH G JAMES AS TRUSTEE OF ROUSH TRUST 2441 EVERGREEN POINT RD MEDINA, WA 98039 ROWLANDS DONNA K REV TRST PO BOX 8310 ASPEN, CO 81612 SALOMON CHESTER B & ARLENE LIDSKY 975 PARK AVE NEW YORK, NY 10028 SEAMANS STERLING WILLIAM 50% 717 CEMETERY LN ASPEN, CO 81611 SEELEY EILEEN MARIE 50% 717 CEMETERY LN ASPEN, CO 81611 WINCHESTER ROBERT P PO BOX 5000 SNOWMASS VILLAGE, CO 81615 WPPY LLC 19946 N E 36TH PL AVENTURA, FL 33180 ZANIN FAMILY INVESTMENTS LLC 0308 MCSKIMMING RD ASPEN, CO 81611 P253 IX.b CITY OF ASPEN PRE-APPLICATION CONFERENCE SUMMARY PLANNER: Jessica Garrow/Amy Simon, DATE: 02/27/15 PROJECT: 725 Cemetery Lane TYPE OF APPLICATION: Subdivision DESCRIPTION: The prospective Applicant would like to divide the property located at 725 Cemetery Lane (Parcel ID # 2735-122-00-008) into 2 lots through a Lot Split. A duplex home is currently located on the site. The applicant represents that the lot has not been previously subdivided. The lot is within the R-15 zone district. There is an access easement running along the north property line that provides access to the landlocked property to the west. Please note that access easements are deducted from lot area for the purpose of calculating FAR and density. As per the R-15 zone district, the minimum lot size per dwelling unit is 15,000 square feet for a single family residence and 7,500 square feet per unit for a duplex residence; and the minimum lot width is 75 feet. The newly created lots must comply with the R-15 zone district requirements, as per Land Use Code Section 26.710.050. The applicant is interested in pursuing a subdivision review to permit 2 duplexes- one on each newly created parcel. The newly created lots must meet the R-15 zone district requirements. The process requires review by City Council. It is strongly recommended that the applicant meet with the Engineering Department to discuss the proposed curb cuts for the lots. Neighborhood Outreach is required prior to the first public hearing in accordance with Land Use Code Section 26.304.035. A link to the land use application is found here: http://www.aspenpitkin.com/Portals/0/docs/City/Comdev/Apps%20and%20Fees/2013%20land%20use%20app%20form.pdf Land Use Code Section(s) 26.304 Common Development Review Procedures (as applicable) 26.304.035 Neighborhood Outreach 26.480.030.B Procedures for review – Minor Subdivisions 26.480.040 General Subdivision Review Standards 26.480.060.A Minor Subdivisions – Lot Split 26.490 Approval Documents (for plat requirements) 26.710.050 Moderate Density Residential (R-15) Zone District Review by: - Staff for complete application - City Council Public Hearing: Yes, City Council Planning Fees: $4,550 Deposit for 14 hours, additional hours billed at $325 per hour. Referral Fees: $275 hourly rate for Engineering. $975 flat fee for Parks. Total Deposit: $5,800 To apply, submit ONE COPY of the following information for completeness review: 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. 3. 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 P254 IX.b the names of all owners of the property, and all mortgages, judgments, liens, easements, contracts and agreements affecting the parcel, and demonstrating the owner’s right to apply for the Development Application. 4. Completed Land Use Application. 5. Signed fee agreement. 6. HOA Compliance Policy (attached) 7. Pre-application Conference Summary. 8. An 8 1/2” x 11” vicinity map locating the subject parcel within the City of Aspen. 9. Improvement survey of existing condition. 10. Proposed subdivision plat. 10. A written description of the proposal and a written explanation of how a proposed development complies with the review standards relevant to the development application. 11. All other materials required pursuant to the specific submittal requirements. ONCE THE APPLICATION IS DETERMINED COMPLETE, PLEASE SUBMIT THE REVIEW FEE. The total number of application copies needed will be determined by the assigned planner. 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. P255 IX.b TO: Mayor and Aspen City Council FROM: Chris Bendon RE: Gibson Matchless Second Reading of Ordinance Continued from June 8, 2015. MEETING DATE: June 8, 201 APPLICANT : Gibson Matchless LLC REPRESENTATIVE : Mitch Haas Land Planning, LLC LOCATION : 980 and 990 Gibson Avenue , also known as Lot 1, Alpine Acres Subdivision. LEGAL DESCRIPTION : Alpine Acres Condominium Units #1 and #2 and Inclusive of a Portion of Silver King Drive (Rec. No. 550853) PARCEL ID : 2737-074-10-001 CURRENT ZONING : R-6, Medium Density Residential SUMMARY : The Applicant ’s amended request is to re-subdivide 30,786 land containing a duplex into two single-family home sites. Both new parcels would be historically designated and contain an historic resource. Gibson Matchless Subdivision MEMORANDUM Mayor and Aspen City Council Chris Bendon , Community Development Director Gibson Matchless Subdivision Reading of Ordinance #21, Series of 2015 Continued from June 8, 2015. 201 5 Gibson Matchless LLC Mitch Haas , Haas Gibson , also known as Lot 1, Alpine Alpine Acres Condominium Units #1 and #2 and Inclusive of a Portion of Silver King , Medium ’s amended 30,786 sf of containing a duplex into two family home sites. Both new parcels would be historically designated and contain an historic STAFF RECOMMENDATION : Staff recommends denial of the original subdivision request original request would create odd-shaped lots and significantly more development. Staff recommends approval of an amended request to subdivide the property. The amended request provides simple lot lines, staff’s primary objection to the previous prop osal. Some further discussion regarding total floor area is recommended. proposed ordinance reflects the amended request. Gibson Matchless Subdivision Staff Memo 7/13/2015 Page 1 of 5 recommends request . The shaped lots and of an amended request The amended request provides simple lot lines, staff’s primary objection osal. Some further discussion regarding total floor area is recommended. The proposed ordinance reflects the amended request. P256 IX.c SUMMARY : The property is located along Gibson Avenue in the Smuggler neighborhood. The property is three parcels with a total gross lot area pf (Alpine Acres Condominium Units 1 and 2) houses two residential units that were condominiumized in 1977. The other two parcels were once part of Silver King Drive, prior to being acquired by the condominium association through quiet title action in 2008. These are referred to as the Northerly and Southerly parcels of Silver King Drive. Total build-out currently is 4,970 s.f. split between two homes and up to two ADUs from HPC. Neither home can exceed 2,486 square feet. The applicant is seeking to merge all three parcels and subdivision. The applicant is seeking to provide the n The Applicant’s original solution for achieving equal development rights was to sided lot (Lot 1) and one 10-sided lot (Lot 2) Each lot could be developed with up to two homes and two ADUs each. The odd not meet the Code’s General Subdivision Review Standards criteria for creating new lots that approximate the size and shape of lots in the Original Aspen Townsite or subsequent additions (26.480.040.B). recommended denial. The project was continued with the expectation that staff and the applicant could discuss an alternate scenario. The applicant has revised the request. The amended subdivision request subdivides the land into two simple shaped lots, addressing staff’s primary concern. The amended proposal also limits the development Gibson Matchless Subdivision property is located along Gibson Avenue in the Smuggler neighborhood. The three parcels with a total gross lot area pf 30,786 square feet. Currently, one parcel between two homes and up to two ADUs . This total number assumes a 500 s.f floor area bonus from HPC. Neither home can exceed 2,486 square feet. merge all three parcels and re-subdivide, creating subdivision. The applicant is seeking to provide the n ew lots with equal development rights. solution for achieving to create one 17- sided lot (Lot 2) . Each lot could be developed with up to two homes configurations do not meet the Code’s General Subdivision Review Standards criteria for creating new lots that approximate the size and shape of the rectangular lots in the Original Aspen Townsite or subsequent Thus, staff The project was continued with the expectation that staff and the applicant could discuss an The applicant has revised the request. The amended subdivision request subdivides the land into two simple - shaped lots, addressing staff’s concern. The amended proposal also limits the development Gibson Matchless Subdivision Staff Memo 7/13/2015 Page 2 of 5 property is located along Gibson Avenue in the Smuggler neighborhood. The Currently, one parcel This total number assumes a 500 s.f floor area bonus subdivide, creating a two-lot ew lots with equal development rights. The project was continued with the expectation that staff and the applicant could discuss an P257 IX.c Gibson Matchless Subdivision Staff Memo 7/13/2015 Page 3 of 5 on each parcel to a single-family residence plus an ADU. Both new parcels would contain a historic resource and both would remain historic landmarks. In order to ensure the two new lots have equal floor area (a desire of the applicant), the development rights for each lot will be based on a Net Lot Area of 7,808 square feet each. This number accounts for steep slopes and other lot area deductions. Normally, staff would not support establishing development rights independent of parcel size, but this subdivision already has unique floor area limits. Due to a 1987 subdivision requirement, each single-family home in the Alpine Acres Subdivision is limited to 2,486 square feet of floor area. This limitation is proposed to continue to the two newly created lots. The R6 Zoning allows each lot to contain a single-family home of 3,493 s.f. After applying the 2,486 s.f. house-size cap, each lot will have 1,007 s.f. of floor area left over for an Accessory Dwelling Unit or to sever as Transferable Development Rights. Each lot will remain eligible for a floor area bonus via HPC. Total build-out of the amended proposal is 7,986 square feet split between two homes and up to two ADUs. This total number assumes 1,000 s.f floor area bonus from HPC (one bonus for each lot). Neither home can exceed 2,486 square feet. Unbuilt floor area could be severed as TDRs. BACKGROUND : The proposed subdivision is situated in the northeastern portion of the City, near the historic Smuggler mine works, and is zoned R-6, Medium Density Residential. The existing site currently has a condominiumized duplex that is made up of two remodeled historic structures, joined by a garage. The condominiums are located on a single 18,635 square foot lot, and are accessed from Gibson Avenue. In 2008 the condominium association took possession through quiet title action of an additional 12,151 square feet that made up the northern and southern portions of Silver King Drive. This is a platted, but never opened former right-of-way. These two additional lots were added to the applicant’s holdings. Vacated rights-of-way do not convey development rights according to the City’s Land Use Code. The previous owner of 980 sued the City over the City’s position that the former right-of-way parcels had no independent development right and no floor area. The City prevailed in the lawsuit with the 980 owner. The 990 owner was not a party to that lawsuit and has asserted that they have the right to re-litigate the same issues. The proposal suggests a benefit of settling this dispute by merging all three parcels and re-subdividing the land into two new lots. Currently, 980 and 990 Gibson are zoned R-6. The zone district standards determine the permitted uses, and set the dimensional requirements for lots and developments. In addition to the zoning limit, a 1987 Subdivision Agreement capped the maximum floor area per dwelling P258 IX.c Gibson Matchless Subdivision Staff Memo 7/13/2015 Page 4 of 5 unit at 2,486 square feet for lots in the Alpine Acres Subdivision. This floor area cap runs with the land, and therefore applies to this subdivision proposal. The entire fathering site is 30,786 square feet of gross lot area. Gross lot area includes the entire area within a parcel’s boundaries. After accounting for steep slopes, former and current rights- of-way, the net lot area of the fathering parcel (all three lots together) is 15,616 square feet. The amended proposal uses this number, split in half to 7,808 square feet, as the net lot area for each new lot. STAFF ANALYSIS : The original application proposed a very unusual-shaped lot, with a narrow 50 foot stretch and a disassociated flag portion. Staff recommended denial prior to the continuation and further discussions with the applicant. The amended application proposes two simple-shaped lots and achieves the applicant’s desire to divide the development rights equally. The applicant has agreed to restrict the lots to a single- family home each, with an accessory dwelling unit, and observe the 2,486 s.f. house size cap. Staff suggests this build-out potential will better suit the neighborhood. After accounting for each primary house, each property will enjoy roughly 1,000 square feet extra which could be used for an ADU or severed as a TDR. This represents total of about 2,000 s.f. more than the properties are allowed today. However, there is some benefit to resolving potential litigation regarding the City’s position on the former right-of-way parcels. The Staff does suggest the practical need to apply for and receive HPC floor area bonuses may be minimal and may benefit from additional discussion. HPC may grant a floor area bonus of up to 500 s.f. for a superior historic preservation effort. These structures are in need of preservation work. But, the houses are already capped at 2,486 s.f. each. So, any bonus would add to the TDR potential which is already 1,000 s.f. per parcel. If maximum bonuses are granted, the total development rights would be increased by roughly 3,000 s.f. over today’s allowance. The proposal meets the remaining criteria for subdivision. Although the proposal would create a nonconformity along an existing garage, the Code allows a nonconforming structure to continue after the recordation of a plat if the City accepts the Applicant’s assurance, through a legally binding mechanism, that the non-conformity will be remedied. The draft ordinance includes language requiring the Applicant to provide this assurance in a subdivision agreement with the City. STAFF RECOMMENDATION : Staff recommends City Council approve the amended application. P259 IX.c Gibson Matchless Subdivision Staff Memo 7/13/2015 Page 5 of 5 RECOMMENDED MOTION : “I move to approve Ordinance #21, Series of 2015, on second reading, approving the Gibson Matchless Subdivision. CITY MANAGER COMMENTS: ATTACHMENTS: Ordinance #21, Series of 2015 Memo Exhibit A – General Subdivision Review Standards Memo Exhibit B – Minor Subdivision Review Criteria Memo Exhibit C – Flagpole and Flag Area Diagram – (provided on June 8, 2015) Exhibit D – Application – (provided on June 8, 2015) P260 IX.c Ordinance 21, Series 2015. pg. 1 ORDINANCE N0. 21 (SERIES OF 2015) AN ORDINANCE OF THE CITY OF ASPEN CITY COUNCIL APPROVING THE GIBSON MATCHLESS SUBDIVISION, COMMONLY KNOWN AS 980 AND 990 GIBSON AVENUE, LEGALLY DESCRIBED AS THE ALPINE ACRES CONDOMINIUMS #1 AND #2 AND THE NORTHERLY PARCEL AND SOUTHERLY PARCEL OF FORMER SILVER KING DRIVE (REC. NO. 550853), ASPEN, COLORADO PARCEL NO. 2737-073-20-003 . WHEREAS, the Community Development Department received an application from Gibson Matchless, LLC represented by Land Planning, LLC, requesting the City Council approve the Minor Subdivision review for the property commonly known as 980 and 990 Gibson Avenue - legally described as Unit 1 and Unit 2, Alpine Acres Condominiums, #1, according to the Condominium Map recorded in Book 6 at Page 11 and as described in the Condominium Declaration thereof recorded August 2, 1977 in Book 332 at Page 722, and the Northerly Parcel and Southerly Parcel as more fully described in the Amended Decree Quieting Title in Plaintiffs and Correcting Clerical Errors recorded July 9, 2008 as Reception No. 550853, City of Aspen, County of Pitkin, State of Colorado; and, WHEREAS, the application intends to combine all three parcels of land together for the purposes of creating a two-lot subdivision; and, WHEREAS, the property located at 980 and 990 Gibson Avenue is currently zoned R-6, Medium Density Residential; and, WHEREAS, the property contains two structures listed on the Aspen Inventory of Historic Landmark Sites and Structures, one at 980 and the other at 990 Gibson Drive; and, WHEREAS, according to Section 26.480.030 Minor Subdivisions shall be approved, approved with conditions, or denied by the City Council after reviewing a recommendation by the Community Development Director; and, WHEREAS, upon initial review of the application and the applicable code standards, the Community Development Department recommended denial of the application; and, WHEREAS, immediately prior to the initial hearing on this matter conducted on May 26, 2015, the applicant proposed a modification of the application. The public hearing on the application was continued until July 13, 2015 to enable staff to evaluate the proposed changes to the application; and, WHEREAS, based on the changes proposed by the applicant, the Community Development Director recommends approval of the application; and, WHEREAS, City Council has reviewed and considered the development proposal under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered the recommendation of the Community Development Director, the applicable referral agencies, and has taken and considered public comment at a public hearing; and, P261 IX.c Ordinance 21, Series 2015. pg. 2 WHEREAS, during a duly noticed public hearing held on July 13, 2015, the City Council approved Ordinance No. 21, Series of 2015, by a vote of _ to _, approving the Minor Subdivision; and, WHEREAS, City Council finds that the Minor Subdivision proposal meets or exceeds all the applicable development standards; and, WHEREAS, City Council finds that this Ordinance furthers and is necessary for the promotion of public health, safety and welfare, NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF ASPEN CITY COUNCIL AS FOLLOWS: Section 1: Conditions of Approval Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, City Council hereby approves the Minor Subdivision Review for the division of the lots legally described above - into two lots to be known as “Lot 1, Gibson and Matchless Subdivision” and “Lot 2, Gibson and Matchless Subdivision”, with the following conditions: a. Each lot shall enjoy and be burdened by the development rights of the applicable zone district designation (currently R-6, but as may change from time to time) as stated in the Land Use Code, as amended. The development rights shall be based upon each lot containing a Net Lot Area of 7,808 square feet regardless of the actual measured lot size. b. Each lot shall be restricted to a density not to exceed one (1) single-family home subject to the floor area limitation of 2,486 square feet per dwelling unit as stated in Ordinance No 35, Series 1987. Each lot may also have one Accessory Dwelling Unit or Carriage House, which may utilize floor area in excess of the 2,486 square feet limit up to the total allowable floor area for the lot. c. Each Lot shall be listed as a designated historic landmark and be eligible for the benefits and burdened by the restrictions set forth in the Land Use Code, as amended, for historic landmarks. d. Each lot shall have separate water taps and separate sewer taps, and separate connections for any additional utility services serving each individual lot. All tap fees, materials and connection costs shall be borne at the expense of the appropriate property owner. e. Neither Lot shall be further subdivided to create additional lots. This shall not prohibit condominiumization of improvement within an individual lot. f. This approval is specifically conditioned upon the execution of a waiver of any and all existing rights, claims or causes of action on the part of either property owner of any right to assert that a distinct development right exists on either the Southerly Parcel or Northerly Parcel that formerly comprised Silver King Drive, which waiver shall be set forth in the Subdivision Improvement Agreement to the satisfaction of the City Attorney. P262 IX.c Ordinance 21, Series 2015. pg. 3 g. Alpine Acres Condominiums, #1 including all existing condominium agreements, bylaws, associations or incorporations shall be dissolved upon recordation of the final plat. h. All easements shall be shown on the final plat. i. The plat requirements listed under Section 2: Plat, shall be satisfied. j. The Subdivision Agreement requirements listed under Section 3: Subdivision Agreement, shall be satisfied. Section 2: Plat Two original signed plats that meet the requirements of Land Use Code Section 26.480, Subdivision , Section 26.490, Approval Documents, and Municipal Code Title 29, Engineering Design Standards shall be submitted to the City of Aspen for review and approval prior to requisite recordation with the Pitkin County Clerk and Recorder within 180 days of final approval. The final plat shall include: a. A plat note stating that the driveway access for Lot 1 shall be moved from Gibson Avenue to Matchless Drive prior to any future development, b. A plat note stating that any buildings spanning across lot lines shall be removed prior to any substantial redevelopment, c. A plat note stating that any required public infrastructure, including sidewalks and stormwater best management practices, shall be constructed in accordance with the City of Aspen’s engineering and design standards at the time of the given resulting lot’s development and at the expense of that property owner, d. A plat note stating that each lot shall have separate water taps and separate sewer taps, and separate connections for any additional utility services serving each individual lot. All tap fees, materials and connection costs shall be borne at the expense of the property owners, and e. The identification of all easements. Section 3: Subdivision Agreements Within 180 days following the final approval of this ordinance, the Applicant shall submit two original signed copies of a Subdivision Agreement to the City of Aspen for recordation with the Pitkin County Clerk and Recorder guaranteeing: a. Each lot shall enjoy and be burdened by the development rights of the applicable zone district designation (currently R-6, but as may change from time to time) as stated in the Land Use Code, as amended. The development rights shall be based upon each lot containing a Net Lot Area of 7,808 square feet regardless of the actual measured lot size. b. Each lot shall be restricted to a density not to exceed one (1) single-family home subject to the floor area limitation of 2,486 square feet per dwelling unit as stated in Ordinance No 35, Series 1987. Each lot may also have one Accessory Dwelling Unit or Carriage House, P263 IX.c Ordinance 21, Series 2015. pg. 4 which may utilize floor area in excess of the 2,486 square feet limit up to the total allowable floor area for the lot. c. Each Lot shall be listed as a designated historic landmark and be eligible for the benefits and burdened by the restrictions set forth in the Land Use Code, as amended, for historic landmarks. d. The relocation of the driveway access for Lot 1 from Gibson Avenue to Matchless Drive, e. The removal of any existing structures that would span across a lot line or conflict with applicable setback requirements as a result of this subdivision approval, prior to any substantial development of either lot, f. Commitment of financial sureties guaranteeing the construction of the required public infrastructure, including sidewalks and stormwater best management practices, in accordance with the City of Aspen’s engineering and design standards, and g. A waiver of all rights, claims or causes of action on the part of either property owner regarding the quiet title action or rights associated with the quiet title action to assert that a distinct development right exists on either the Southerly Parcel or Northerly Parcel that formerly comprised Silver King Drive. No development shall occur on either resulting parcel until the conditions of the Subdivision Agreement are met. All future development on either resulting parcel shall be subject to Historic Preservation Commission (HPC) review and approval, to the extent required by the Land Use Code. The sufficiency and acceptance of the Subdivision Agreement and its associated financial sureties shall be determined by the City of Aspen Community Development Department, City of Aspen Engineering Department and the Aspen City Attorney. Section 4: 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 construed and concluded under such prior ordinances. Section 5: 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 6: A public hearing on the ordinance was held on the 8st day of June, 2015, and the 13 th day of July in the City Council Chambers, Aspen City Hall, Aspen, Colorado, fifteen (15) days prior to which P264 IX.c Ordinance 21, Series 2015. pg. 5 hearing a public notice of the same was published in a newspaper of general circulation within the City of Aspen. Section 7: Vested Rights The development approvals granted herein shall constitute a site-specific development plan vested for a period of three (3) years from the date of issuance of a development order. However, any failure to abide by any of the terms and conditions attendant to this approval shall result in the forfeiture of said vested property rights. Unless otherwise exempted or extended, failure to properly submit all plats and agreements required to be recorded, as specified herein, within one year of the effective date of the development order shall also result in the forfeiture of said vested property rights and shall render the development order void within the meaning of Section 26.104.050 (Void permits). Zoning that is not part of the approved site-specific development plan shall not result in the creation of a vested property right. No later than fourteen (14) days following final approval of all requisite reviews necessary to obtain a development order as set forth in this Ordinance, the City Clerk shall cause to be published in a newspaper of general circulation within the jurisdictional boundaries of the City of Aspen, a notice advising the general public of the approval of a site specific development plan and creation of a vested property right pursuant to this Title. Such notice shall be substantially in the following form: Notice is hereby given to the general public of the approval of a site specific development plan, and the creation of a vested property right, valid for a period of three (3) years, pursuant to the Land Use Code of the City of Aspen and Title 24, Article 68, Colorado Revised Statutes, pertaining to the following described property: Gibson Matchless Subdivision, City of Aspen, Pitkin County Colorado, as more fully described in City of Aspen City Council Ordinance No. 21, Series 2015. Nothing in this approval shall exempt the development order from subsequent reviews and approvals required by this approval of the general rules, regulations and ordinances or the City of Aspen provided that such reviews and approvals are not inconsistent with this approval. The approval granted hereby shall be subject to all rights of referendum and judicial review; the period of time permitted by law for the exercise of such rights shall not begin to run until the date of publication of the notice of final development approval as required under Section 26.304.070(A). The rights of referendum shall be limited as set forth in the Colorado Constitution and the Aspen Home Rule Charter. Section 8: This ordinance shall become effective thirty (30) days following final adoption. [Signatures on following page] P265 IX.c Ordinance 21, Series 2015. pg. 6 INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the 26 th day of May, 2015. Attest: _________________________ ____________________________________ Linda Manning, City Clerk Steven Skadron, Mayor FINALLY, adopted, passed and approved this ___ day of ____, 2015. Attest: _______________________________ _____________________________ Linda Manning, City Clerk Steven Skadron, Mayor Approved as to form: __________________________ James R. True, City Attorney P266 IX.c Exhibit A – General Subdivision Review Standards Gibson Matchless Subdivision Preliminary Plat 26.480.040. General subdivision review standards. A. Guaranteed Access to a Public Way. All subdivided lots must have perpetual unobstructed legal vehicular access to a public way. A proposed subdivision shall not eliminate or obstruct legal vehicular access from a public way to an adjacent property. All streets in a Subdivision retained under private ownership shall be dedicated to public use to ensure adequate public and emergency access. Security/privacy gates across access points and driveways are prohibited. Staff Findings: Currently, both properties are accessed off of Gibson Avenue, which is a paved right-of-way that was improved in accordance with the Alpine Acres annexation and subdivision development agreement. There are approximately ten feet between each condo unit’s individual driveways. If this lot split proposal is approved, each parcel would be allowed one curb cut, and the City would require the driveway access for the northern parcel, 980 Gibson (Lot 1 in the preliminary plat,) to be relocated to Matchless Drive, a gravel right-of-way used to access three residential lots and the Smuggler Racquet Club. No new right-of-way dedications would be required to provide adequate public or emergency access, and no private gateways are being proposed. Staff finds that a satisfactory development agreement as a condition of approval would satisfy this criteria. B. Alignment with Original Townsite Plat. The proposed lot lines shall approximate, to the extent practical, the platting of the Original Aspen Townsite, and additions thereto, as applicable to the subject land. Minor deviations from the original platting lines to accommodate significant features of the site may be approved. Staff Findings: The preliminary plat proposes the creation of two lot configurations which deviate significantly from the Original Aspen Townsite, as well as the Alpine Acres Addition that includes this site under consideration. In order to divide the Floor Area Ratio (FAR) evenly between the two resulting lots, the applicants are requesting to create one parcel with 18 lot lines (Lot 1) and another parcel with 10 lot lines (Lot 2). To accomplish this balance in FAR, the applicants are proposing to connect the primary land mass of Lot 1 to a landlocked land mass on the far side of Lot 2 via a strip of land roughly two feet wide and 50 feet long that runs along the northeast lost line of Lot 2. The City’s original platted lots consist of rectangular blocks that are 270 feet wide by 220 feet deep, and composed of nine lots on each side, separated by a 20 foot-wide alley. The Alpine Acres Addition was first subdivided by Pitkin County in 1964. The addition includes two perpendicular rights-of-way, Silver King Drive (a portion of which was vacated and granted to Alpine Acres Condominiums via quiet title) and Herron Drive (which later became Matchless Drive). Lot Two through Five of the Alpine Acres Addition are rectangular lots approximately 86 feet wide by 185 feet long (15,900 square feet each) that front the northeast side of Silver King Drive, while Lot One - this proposal’s fathering parcel - is a five-sided lot abutting the southwest side of Silver King Drive. The subject site is relatively level, with the exception of a few man-made berms and runoff drainages that have grades greater than 20%. These undulating spots take up approximately P267 IX.c 1,300 of the fathering parcel’s 18,635 square feet. Thus, topographic conditions do not hinder a logical lot configuration approximating the quadrilateral shape of the Original Townsite or the other four lots of the Alpine Acres Addition. The unusual number of lot lines, the narrow 50 foot stretch, and the incorporation of a seemingly disconnected flag area of Lot 1 that is on the opposite side of the proposed Lot 2 do not meet this criteria of the Code. The applicant responded to this analysis by amending the proposed lot configurations to provide simple-shaped lots. These amended lots provide compliance with this standard and staff finds this criterion met. C. Zoning Conformance. All new lots shall conform to the requirements of the zone district in which the property is situated, including variations and variances approved pursuant to this Title. A single lot shall not be located in more than one zone district unless unique circumstances dictate. A rezoning application may be considered concurrently with subdivision review. Staff Findings: The applicants are not requesting a change in zoning. The fathering parcel is zoned R-6 which requires a minimum lot area of 6,000 square feet and a minimum net lot area of 4,500 square feet. Both proposed parcels have more than enough square feet to meet the required minimum gross lot area (16,444 sf for Lot 1 and 14,342 sf for Lot 2), as well as the minimum net lot area for FAR purposes (7,808 sf for both lots). Staff finds this criterion met. D. Existing Structures, Uses, and Non-Conformities. A subdivision shall not create or increase the non-conformity of a use, structure or parcel. A rezoning application or other mechanism to correct the non-conforming nature of a use, structure, or parcel may be considered concurrently. In the case where an existing structure or use occupies a site eligible for subdivision, the structure need not be demolished and the use need not be discontinued prior to application for subdivision. If approval of a subdivision creates a non-conforming structure or use, including a structure spanning a parcel boundary, such structure or use may continue until recordation of the subdivision plat. Alternatively, the City may accept certain assurances that the non-conformities will be remedied after recordation of the subdivision plat. Such assurances shall be reflected in a development agreement or other legal mechanism acceptable to the City Attorney and may be time-bound or secured with a financial surety. Staff Findings: An existing garage is currently attached to Alpine Acres Condominiums No. 1 and No. 2 which spans across one of the proposed lot lines that would separate the two lots. The Applicant is aware structures are not allowed to span across lot lines when subdividing land, and is willing to demolish the garage as a condition of approval, which staff finds would satisfy this criteria. Assurances acceptable to the City of Aspen guaranteeing removal of the garage prior to the recording a subdivision plat must be in place as a condition of approval. Such an assurance would meet this criteria of the Code. P268 IX.c Exhibit B - Minor Subdivision Approval Criteria Gibson Matchless Subdivision Preliminary Plat 26.480.060. Minor subdivisions : A. Lot Split. The subdivision of a lot for the purpose of creating one additional development parcel shall be approved, approved with conditions, or denied by the City Council, pursuant to Section 26.480.030 – Procedures for Review, according to the following standards: 1. The request complies with the requirements of Section 26.480.040, General Subdivision Review Standards. Staff Findings: The proposed subdivision does not comply with all of the General Subdivision Review Standards in Section 26.480.040, as discussed in Exhibit A. Specifically, the proposed subdivision does not approximate the Original Aspen Townsite or the Alpine Acres Addition, of which this proposed subdivision is a part of. Staff finds the original application to not meet this criterion. The applicant responded to this analysis by amending the lot configurations. The amended proposal would provide simple-shaped lots and conformance with this standard. Staff finds the amended proposal meets this criterion. 2. No more than two lots are created by the lot split. No more than one lot split shall occur on any one fathering parcel. Staff Findings: Lot 5 of the Alpine Acres Addition has not been subdivided by the City of Aspen. Staff finds this criterion met. 3. The Lot Split Plat shall be reviewed and recorded in the office of the Pitkin County Clerk and Recorder, pursuant to Chapter 26.490 – Approval Documents. No subdivision agreement need be prepared or entered into between the applicant and the City unless the Community Development Director determines such an agreement is necessary. Staff Findings: Staff recommends requiring satisfactory development agreements and sureties as a condition of approval. P269 IX.c MEMORANDUM TO: Mayor Skadron and Aspen City Council FROM: Amy Simon, Historic Preservation Officer THRU : Chris Bendon, Community Development Director RE: Call-up of HPC approval of Conceptual Major Development, On-site relocation, and Variances for 223 E. Hallam Street, HPC Resolution #16, Series of 2015 MEETING DATE: July 13, 2015 On June 1 st City Council voted to call up a recent HPC approval for discussion. The call up procedures are described below. During a public meeting, City Council shall consider the application de novo and may consider the record established by the HPC. The City Council shall conduct its review of the application under the same criteria applicable to the HPC. City Council may take the following actions: 1. Accept the decision, or 2. Remand the application to HPC with direction from City Council for rehearing and reconsideration, or 3. Continue the meeting to request additional evidence, analysis or testimony as necessary to conclude the call up review. Although the final HPC vote on this application was split (4-3), staff believes the review resulted in a good project. Staff supports the HPC decision and recommends Council select Option #1, accepting the HPC decision. If Council selects Option #2 and remands the application back to the Board, the rehearing and reconsideration of the application by HPC is final and concludes the call up review. Substantial changes to the application outside of the specific topics listed in the remand to HPC may require a new call up notice to City Council; however the call up review would be limited only to the new changes to the application. Following the conclusion of the call up process, this application will be subject to Final Major Development Review by HPC. P270 X.a BACKGROUND : 223 E. Hallam is a 6,000 square foot lot that contains a Victorian era home. This property was recently the subject of a subdivision, which separated the 19 th century resource from the Berko photography studio to the west. HPC was asked to conduct Conceptual design review of a project that involves demolishing non-historic construction on the site, moving the Victorian to the front of the property, and expanding it. The project included setback variances and a floor area bonus request. The Historic Preservation Commission (HPC) approved the proposal by a vote of 4 -3. Staff recommended approval of the project and the majority of the board also found that the Design Guidelines and review standards were met. The approved drawings are attached, along with the HPC resolution and draft minutes. DISCUSSION : The proposed project involves several actions that are typical of residential Major Development reviews that are heard by HPC. The existing Victorian, like most in Aspen, has experienced some alterations over the years. The owner plans to restore the home to its original design. In this case, a significant addition was made to the front of the house, sometime around the 1940’s. This addition destroyed the original front porch and dramatically changed the architecture. This intrusive addition will be removed, along with a non-historic outbuilding along the alley. Below left is the home today, with the addition that was inserted into the front of the house. Below right is the proposed project, with a front porch reconstructed. Below are “before and after” figure-ground drawings showing the existing footprint of the home, including encroachments into the setbacks, and the proposed condition. P271 X.a The project involves lifting the Victorian for a new basement and shifting the house forward on the lot. HPC typically allows this action as a means to distance a historic resource from new construction, which is best placed at the rear of the site. HPC requires new construction to attach to the rear of a historic building as lightly and minimally as possible, with a one story connecting hallway approximately 10 feet in length separating the historic resource from the bulk of the addition. The applicant is following this standard model for Aspen preservation projects. The drawing at the right shows the extent to which the house location is to be altered, in blue. (The red shading indicates where the house might be temporarily placed during excavation.) The house is to be moved forward approximately 10 feet and westward approximately 1 foot. Relocation decisions often factor in the surrounding historic context. In this case, there are no other Victorian era homes on the blockface. The Berko studio, a new landmark to the west, is being moved substantially forward and eastward of its existing location and will have features that will sit closer to Hallam Street than will be the case with the subject Victorian. As noted, three HPC members did not vote in favor of Conceptual approval of this project. Two members indicated that their primary concern was that the applicant did not provide studies of alternative placements for the home on the lot. It is staff’s opinion that the HPC has typically asked for relocations to be closely tied to original siting. Generally, HPC is more favorable to a forward movement than a lateral movement of a historic structure. There was some suggestion that this project should be shifted eastward in response to the Berko Studio approval. Staff, and at least four of the HPC members, did not make that finding. As part of moving the house, the applicant will salvage existing foundation material and replicate the historic design. The Conceptual review did include a discussion of possibly lowering the Victorian so that the first floor level is 7” closer to grade than it is now. The reason this is being considered is because the applicant would like to avoid being required to construct a handrail on the steps leading to their newly restored porch. A handrail would not likely have been part of the original design. HPC discussed this issue and asked that the applicant work with the Chief Building Official to find a solution that did not change the building height. All aspects of the final porch design are required to be reviewed in further detail at HPC Final review and building permit/construction. P272 X.a Regarding the proposed addition to the house, staff provided guidance to the applicant in preparation for the HPC meeting. We worked cooperatively to shift the project from one which staff initially felt had many conflicts with the HPC design guidelines to one which we fully supported. ORIGINAL PROPOSAL APPROVED BY HPC P273 X.a The project received a 500 square foot floor area bonus. In selected circumstances, the HPC may grant up to five hundred (500) additional square feet of allowable floor area for projects involving designated historic properties. To be considered for the bonus, it must be demonstrated that: a. The design of the project meets all applicable design guidelines; b. The historic building is the key element of the property and the addition is incorporated in a manner that maintains the visual integrity of the historic building; c. The work restores the existing portion of the building to its historic appearance; d. The new construction is reflective of the proportional patterns found in the historic building's form, materials or openings; e. The construction materials are of the highest quality; f. An appropriate transition defines the old and new portions of the building; g. The project retains a historic outbuilding; and/or h. Notable historic site and landscape features are retained. Staff recommended that the project met 6 of the 8 criteria (a-f.) One HPC member did not support the Conceptual approval because of the floor area bonus. His concern was that the restoration of the front porch may involve some conjecture because there are no photographs or clear documentation of the design. Staff believes that more evidence of the original design will be uncovered once the 1940’s addition on the front of the house is removed. There are several aspects of the original porch that do remain in place, including the foundation, the building walls that surrounded the porch, and the original front door openings. It is not unusual to have to rely on this sort of information, rather than photos, in an HPC project. Aside from the matter of porch restoration, staff supported the bonus because of the applicant’s commitment to preserve all existing historic features of the home, including all original windows, doors, siding and decorative details, and because we find the proposed addition to be sympathetic and clearly secondary to the historic resource. The applicant has agreed to work with HPC on a solution to a concern the board had with an interior design issue (the location of an interior stair relative to the main bay window) even though interior review is generally beyond HPC’s purview. The approval included two setback variances. HPC has the authority to consider setback variances if they allow for better placement of the new construction relative to the historic building. The project meets the required 5’ sideyard on each side, but does not meet the total combined yard of 15’. This is only true at the new addition. The Victorian has a large yard on the east side of it. Part of the new addition comes within 5’ of the rear lot line, rather than 10’ as required. This resulted from staff’s encouragement to shift the new construction farther to the back of the historic resource versus the original proposed addition, which met the rear setback but wrapped up along the east side of the historic house, which was undesirable. RECOMMENDATION : Staff recommends that Council uphold HPC Resolution #16, Series of 2015, granting Conceptual Major Development, On-site relocation, and Variances for 223 E. Hallam Street. We believe that the project is consistent with HPC policies and previous approvals. RECOMMENDED MOTION (A LL MOTIONS ARE WORDED IN THE AFFIRMITIVE ): “I move to uphold HPC Resolution #16, Series of 2015.” CITY MANAGER COMMENTS :_____________________________________________________ ______________________________________________________________________________ P274 X.a ATTACHMENTS : Exhibit A: Conceptual Design Exhibit B: HPC Resolution #16, Series of 2015 Exhibit C: Draft HPC minutes from May 13, 2015 Exhibit D: Applicant response P275 X.a Z-CVR Z-001 Z-002 COVER LAND USE APPROVALS LAND USE APPROVALS PLAT Z-004 Z-005 Z-006 Z-007 SURVEY ZONING SUMMARY RDS COMPLIANCE SITE PLAN SITE COVERAGE Z-011X Z-012X Z-013X Z-011 Z-012 Z-013 Z-014 Z-101 Z-102 Z-103 Z-104 Z-201 Z-202 Z-203 Z-204 FLOOR AREA CALCULATIONS FLOOR AREA CALCULATIONS FLOOR AREA CALCULATIONS FLOOR AREA CALCULATIONS FLOOR AREA CALCULATIONS FLOOR AREA CALCULATIONS TEMPORARY RELOCATION FLOOR PLANS FLOOR PLANS FLOOR PLANS FLOOR PLANS HEIGHTS HEIGHTS HEIGHTS HEIGHTS Z-009 Z-010 ROOF DEMOLITION CALCULATIONS WALL DEMOLITION CALCULATIONS Z-206 Z-207 Z-208 HEIGHT OVER TOPOGRAPHY MATERIALS STREETSCAPE SHEET INDEX PROJECT SITE 223 E Hallam Street, Aspen, CO, 81611, USA 223 E Hallam StSCOPE OF WORK The remodel of a landmarked historic residence - removing two non- historic additions, removing a non-historic detatched garage, moving the entire remaining structure to the North West corner of the Lot, building an addition to the rear of the house, and the addition of a subgrade level.HPC MINOR DEVELOPMENT REVIEW STRUCTURAL CONSULTANTS SURVEYOR MECHANICAL COPYRIGHT CONTRACTOR CIVIL SHEET TITLE 5/7/15 PROJECT NO: DRAWN BY:KPT 1422 FORUM PHI, LLC Tuttle Surveying Services 727 Blake Avenue Glenwood Springs, Colorado 81601 P: 970.928.9708 F: 970.947.9007 jeff@tss-us.com TBD TBD TBD TBD DATE OF PUBLICATION Z-CVR COVER 223 E Hallam Street, Aspen, CO, 81611, USA 223 E Hallam St 715 West Main Street, Suite 204 Aspen, Colorado 81611 P: 970.279.4157 F: 866.770.5585 PARCEL ID # 273-707-316-008 LEGAL DESCRIPTION LOT 2 OF 223 E HALLAM STREET LOT SPLIT ZONE DISTRICT R-6 12/31/14SD HPC REVIEW HPC CON. REVISED3/24/15SD SD 5/7/15 HPC CON. REVISED 2 P 2 7 6 X . a Deed Deed INDEX OF LAND USE APPROVALS: Resolution 29 Series of 2012 - (Z-002) Ordinance No 5 Series of 2013 - (Z-002) Book 104, page 38 Sept 2013 - Final Plat STRUCTURAL CONSULTANTS SURVEYOR MECHANICAL COPYRIGHT CONTRACTOR CIVIL SHEET TITLE 5/7/15 PROJECT NO: DRAWN BY:KPT 1422 FORUM PHI, LLC Tuttle Surveying Services 727 Blake Avenue Glenwood Springs, Colorado 81601 P: 970.928.9708 F: 970.947.9007 jeff@tss-us.com TBD TBD TBD TBD DATE OF PUBLICATION Z-001 LAND USE APPROVALS 223 E Hallam Street, Aspen, CO, 81611, USA 223 E Hallam St 715 West Main Street, Suite 204 Aspen, Colorado 81611 P: 970.279.4157 F: 866.770.5585 PARCEL ID # 273-707-316-008 LEGAL DESCRIPTION LOT 2 OF 223 E HALLAM STREET LOT SPLIT ZONE DISTRICT R-6 12/31/14SD HPC REVIEW HPC CON. REVISED3/24/15SD SD 5/7/15 HPC CON. REVISED 2 P 2 7 7 X . a Resolution 29 Series of 2012 - Remodel to the West Elevation Resolution 29 Series of 2012 - Remodel to the West Elevation Resolution 29 Series of 2012 - Remodel to the West Elevation Ordinance No 5 Series of 2013 - Lot Split Ordinance No 5 Series of 2013 - Lot Split Ordinance No 5 Series of 2013 - Lot Split Ordinance No 5 Series of 2013 - Lot Split STRUCTURAL CONSULTANTS SURVEYOR MECHANICAL COPYRIGHT CONTRACTOR CIVIL SHEET TITLE 5/7/15 PROJECT NO: DRAWN BY:KPT 1422 FORUM PHI, LLC Tuttle Surveying Services 727 Blake Avenue Glenwood Springs, Colorado 81601 P: 970.928.9708 F: 970.947.9007 jeff@tss-us.com TBD TBD TBD TBD DATE OF PUBLICATION Z-002 LAND USE APPROVALS 223 E Hallam Street, Aspen, CO, 81611, USA 223 E Hallam St 715 West Main Street, Suite 204 Aspen, Colorado 81611 P: 970.279.4157 F: 866.770.5585 PARCEL ID # 273-707-316-008 LEGAL DESCRIPTION LOT 2 OF 223 E HALLAM STREET LOT SPLIT ZONE DISTRICT R-6 12/31/14SD HPC REVIEW HPC CON. REVISED3/24/15SD SD 5/7/15 HPC CON. REVISED 2 P 2 7 8 X . a P 2 7 9 X . a P 2 8 0 X . a Allowable Floor Area 223 E Hallam St, Lot 2 Allowable Floor Area Reference Per R-6 26.710.040.D.11 Unique Approvals Reference Variances Reference Exemptions Reference Garage Exemption First 250 sq ft exempt; Next 250 sq ft to exclude 50% of area 26.575.020.D.7. Deck Exemption 486 sq ft exempt (Allowable floor area 3,240 sq ft x 15%)26.575.020.D.5. Floor Area Summary Existing Gross (Sq Ft) Existing Floor Area (Sq Ft) Proposed Gross (Sq Ft) Proposed Floor Area (Sq Ft) Reference Lower Level 257.75 17.55 3,709.75 144.15 Main Level 2,037.50 1,550.25 2,480.50 2,105.50 Upper Level 1,015.50 1,015.50 1,458.75 1,458.75 Deck Area (including covered front porch)40.00 371.50 TOTAL 3,350.75 2,583.30 8,020.50 3,708.40 Lot is 6,000 sq ft therefore, per R-6 code, this Lot has an allowable FAR of 3,240 (will apply for a 500 sq ft bonus from HPC, which would allow for 3,740) Zoning Allowance & Project Summary Proposed Development Single Family | Remodel/Addition Parcel #273-707-316-008 Zone District R-6 Setbacks Existing Reference Front 3'-0 1/2”10'15'10'N/A 26.710.040.D.2 Rear 10'10'5'10'5'26.710.040.D.3 West Side 5'5'N/A 5'N/A 26.710.040.D.4 East Side 1'-7”5'N/A 5'N/A 26.710.040.D.4 Combined Side 10'15'N/A 10'N/A 26.710.040.D.4 Distance between Buildings N/A 5'N/A N/A 26.710.040.D.9 Corner Lot no no Plat Supplemental Breakdown Info Existing Required Proposed Reference Open Space %N/A Not Required for R-6 N/A 26.710.040.D.10 Site Coverage 33.90%50%42.30%26.710.040.D.7 On-Site Parking 2 (garage)2 2 Land Value Summary Actual Value Reference Land $3,000,000 Improvements $99,500 Total $3,099,500 223 E Hallam St, Lot 2 Allowed (Principal) Allowed (Accessory) Proposed (Principal) Proposed (Accessory) Pitkin County Assessor Pitkin County Assessor Pitkin County Assessor Net Lot Area Zone District Requirements Reference Min. Gross Lot Area (per R-6)6,000 Sq Ft; 3,000 Sq Ft for Historic Landmark Properties 26.710.040.D.1 Min. Net Lot Area (per R-6)4,500 Sq Ft; 3,000 Sq Ft for Historic Landmark Properties 26.710.040.D.2 Lot Size Per Survey Reference N/A N/A N/A Total Area Reductions Net Lot Area 6,000 Sq Ft Per Plat 223 E Hallam St, Lot 2 Reductions for area with slopes 0%-20% (100% of parcel area to be included in Net Lot Area) Survey 26.575.020-1 Reductions for area with slopes 20%-30% (50% of parcel area to be included in Net Lot Area) Survey 26.575.020-1 Reductions for area with slopes greater than 30% (0% of parcel area to be included in Net Lot Area) Survey 26.575.020-1 STRUCTURAL CONSULTANTS SURVEYOR MECHANICAL COPYRIGHT CONTRACTOR CIVIL SHEET TITLE 5/7/15 PROJECT NO: DRAWN BY:KPT 1422 FORUM PHI, LLC Tuttle Surveying Services 727 Blake Avenue Glenwood Springs, Colorado 81601 P: 970.928.9708 F: 970.947.9007 jeff@tss-us.com TBD TBD TBD TBD DATE OF PUBLICATION Z-004 ZONING SUMMARY 223 E Hallam Street, Aspen, CO, 81611, USA 223 E Hallam St 715 West Main Street, Suite 204 Aspen, Colorado 81611 P: 970.279.4157 F: 866.770.5585 PARCEL ID # 273-707-316-008 LEGAL DESCRIPTION LOT 2 OF 223 E HALLAM STREET LOT SPLIT ZONE DISTRICT R-6 12/31/14SD HPC REVIEW HPC CON. REVISED3/24/15SD SD 5/7/15 HPC CON. REVISED 2 P 2 8 1 X . a Residential Design Standards Compliance Project Name RDS Section Code Description Compliance Description Referenced Z Sheets A. Site Design 1. Building orientation.The front facades of all principal structures are parallel to the street. This is not a corner lot. Z-006 2. Build-to lines. Z-006 3. Fences.Z-006 B. Building Form 1. Secondary mass.Z-006 a) Parking, garages and carports shall be accessed from an alley or private road.The garage is accessed from the alley.Z-101 Z-203 The garage doors are visible from the alley. Z-203 The garage is accessed from the alley.Z-203 The garage is accessed from the alley.Z-203 The garage is accessed from the alley.Z-203 The garage is accessed from the alley.Z-203 The garage is accessed from the alley.Z-203 The garage is accessed from the alley.Z-203 D. Building Elements Z-201 Z-101 Z-101 There is a significant group of windows in the historic resource that face the street.Z-201 2. First story element.Z-101 3. Windows.The proposed street facing windows do not span between 9' and 12'.Z-201 There are no non-orthogonal windows existing to remain or proposed.Z-201 – Z-205 All light-wells are recessed behind the front-most wall of the building.Z-101 E. Context 1. Materials.Z-201 – Z-205 Proposed materials will be used in ways that are true to their characteristics.Z-201 – Z-205 c) Highly reflective surfaces shall not be used as exterior materials.There are no proposed highly reflective exterior materials.Z-201 – Z-205 2. Inflection. Z-201 Z-102 The front facades of all principal structures shall be parallel to the street. On corner lots, both street-facing facades must be parallel to the intersecting streets. On curvilinear streets, the front facade of all structures shall be parallel to the tangent of the midpoint of the arc of the street. Parcels as outlined in Subsection 26.410.010.B.4 shall be exempt from this requirement. One (1) element, such as a bay window or dormer, placed at a front corner of the building may be on a diagonal from the street if desired. On parcels or lots of less than fifteen thousand (15,000) square feet, at least sixty percent (60%) of the front façade shall be within five (5) feet of the minimum front yard setback line. On corner sites, this standard shall be met on the frontage with the longest block length. Porches may be used to meet the sixty percent (60%) standard. Due to the relocation of the historic resource, more than 60% of the front facade will be within 5 feet of the front yard setback. Fences, hedgerows and planter boxes shall not be more than forty-two (42) inches high, measured from natural grade, in all areas forward of the front facade of the house. Man-made berms are prohibited in the front yard setback. The historic fence that is proposed to be located at the front of the house is no more than 42”. All new single-family and duplex structures shall locate at least ten percent (10%) of their total square footage above grade in a mass which is completely detached from the principal building or linked to it by a subordinate linking element. This standard shall only apply to parcels within the Aspen infill area pursuant to Subsection 26.410.010.B.2. Accessory buildings such as garages, sheds and accessory dwelling units are examples of appropriate uses for the secondary mass. A subordinate linking element for the purposes of linking a primary and secondary mass shall be at least ten (10) feet in length, not more than ten (10) feet in width, and with a plate height of not more than nine (9) feet. Accessible outdoor space over the linking element (e.g. a deck) is permitted but may not be covered or enclosed. Any railing for an accessible outdoor space over a linking element must be the minimum reasonably necessary to provide adequate safety and building code compliance and the railing must be 50% or more transparent. More than 10% of the total above grade square footage is located in a secondary mass that is connected to the primary structure by a subordinate linking element that is 10' in length, 10' in width and has a plate height of less than 9'. C. Parking, Garages and Carports 1. For all residential uses that have access from an alley or private road, the following standards shall apply: b) If the garage doors are visible from a street or alley, then they shall be single-stall doors or double-stall doors designed to appear like single-stall doors. The garage doors are visible from the alley and are double stall doors that appear like single stall doors. c) If the garage doors are not visible from a street or alley, the garage doors may be either single-stall or normal double-stall garage doors. 2. For all residential uses that have access only from a public street, the following standards shall be apply: a) On the street facing facade(s), the width of the living area on the first floor shall be at least five (5) feet greater than the width of the garage or carport. b) The front facade of the garage or the front-most supporting column of a carport shall be set back at least ten (10) feet further from the street than the front-most wall of the house. c) On lots of at least fifteen thousand (15,000) square feet in size, the garage or carport may be forward of the front facade of the house only if the garage doors or carport entry are perpendicular to the street (side-loaded). d) When the floor of a garage or carport is above or below the street level, the driveway cut within the front yard setback shall not exceed two (2) feet in depth, measured from natural grade. e) The vehicular entrance width of a garage or carport shall not be greater than twenty-four (24) feet. f) If the garage doors are visible from a public street or alley, then they shall be single-stall doors or double-stall doors designed to appear like single-stall doors. 1. Street oriented entrance and principal window. All single-family homes and duplexes, except as outlined in Subsection 26.410.010.B.4 shall have a street-oriented entrance and a street facing principal window. Multi-family units shall have at least one (1) street-oriented entrance for every four (4) units and front units must have a street facing a principal window. On corner lots, entries and principal windows should face whichever street has a greater block length. This standard shall be satisfied if all of the following conditions are met: The historic resource that is proposed to be relocated at the front of the lot has a street oriented entrance and a street facing principal window. a) The entry door shall face the street and be no more than ten (10) feet back from the front- most wall of the building. Entry doors shall not be taller than eight (8) feet. The entry door of the historic resource is no more than 10' back from the front most wall of the building. The entry door is not taller than 8'. b) A covered entry porch of fifty (50) or more square feet, with a minimum depth of six (6') feet, shall be part of the front facade. Entry porches and canopies shall not be more than one (1) story in height. The entry porch of the historic resource is being restored. It is more than 6' in depth and not more than 1 story in height. It is more that 50 square feet. c) A street-facing principal window requires that a significant window or group of windows face street. All residential buildings shall have a first story street-facing element the width of which comprises at least twenty percent (20%) of the building's overall width and the depth of which is at least six (6) feet from the wall the first story element is projecting from. Assuming that the first story element includes interior living space, the height of the first story element shall not exceed ten (10) feet, as measured to the plate height. A first story element may be a porch or living space. Accessible space (whether it is a deck, porch or enclosed area) shall not be allowed over the first story element; however, accessible space over the remaining first story elements on the front façade shall not be precluded. The historic resource does not have a first story street facing element and therefore this is not applicable. a) Street-facing windows shall not span through the area where a second floor level would typically exist, which is between nine (9) and twelve feet (12) above the finished first floor. For interior staircases, this measurement will be made from the first landing if one exists. A transom window above the main entry is exempt from this standard. b) No more than one (1) non-orthogonal window shall be allowed on each facade of the building. A single non-orthogonal window in a gable end may be divided with mullions and still be considered one (1) non-orthogonal window. The requirement shall only apply to Subsection 26.410.010.B.2. 4. Lightwells.All areaways, lightwells and/or stairwells on the street-facing facade(s) of a building shall be entirely recessed behind the front-most wall of the building. a) The quality of the exterior materials and details and their application shall be consistent on all sides of the building. The quality of the exterior materials and their application is consistent on all sides of the building. b) Materials shall be used in ways that are true to their characteristics. For instance stucco, which is a light or non-bearing material, shall not be used below a heavy material, such as stone. The following standard must be met for parcels which are six thousand (6,000) square feet or over and as outlined in Subsection 26.410.010.B.2: a) If a one-story building exists directly adjacent to the subject site, then the new construction must step down to one-story in height along their common lot line. If there are one-story buildings on both sides of the subject site, the applicant may choose the side toward which to Inflect. There is a 1 story building on the lot to the east of our property and we are inflecting in the proposed addition to that lot with a 1 story garage. A one-story building shall be defined as follows: A one story building shall mean a structure or portion of a structure, where there is only one (1) floor of fully usable living space, at least twelve (12) feet wide across the street frontage. This standard shall be met by providing a one story element which is also at least twelve (12) feet wide across the street frontage and one (1) story tall as far back along the common lot line as the adjacent building is one (1) story. The proposed addition is located behind the historic resource and therefore the inflection is not visible from the street. It is more than 12' wide on the alley/south side of the lot and has only one floor of fully usable space. Residential Design Standards Unique Approvals & Variances See Land Use Approvals for complete list of approved resolutions and/or admin approvals. This project does not include any unique approvals related specifically to RDS. STRUCTURAL CONSULTANTS SURVEYOR MECHANICAL COPYRIGHT CONTRACTOR CIVIL SHEET TITLE 5/7/15 PROJECT NO: DRAWN BY:KPT 1422 FORUM PHI, LLC Tuttle Surveying Services 727 Blake Avenue Glenwood Springs, Colorado 81601 P: 970.928.9708 F: 970.947.9007 jeff@tss-us.com TBD TBD TBD TBD DATE OF PUBLICATION Z-005 RDS COMPLIANCE 223 E Hallam Street, Aspen, CO, 81611, USA 223 E Hallam St 715 West Main Street, Suite 204 Aspen, Colorado 81611 P: 970.279.4157 F: 866.770.5585 PARCEL ID # 273-707-316-008 LEGAL DESCRIPTION LOT 2 OF 223 E HALLAM STREET LOT SPLIT ZONE DISTRICT R-6 12/31/14SD HPC REVIEW HPC CON. REVISED3/24/15SD SD 5/7/15 HPC CON. REVISED 2 P 2 8 2 X . a 8'-10" 1 0 ' - 0 " 6'-2" 1 0 ' - 0 " 5' - 0 " LINE OF EXTERIOR WALL EXISTING TREE ON NEIGHBORS LOT [LOT 1 OF 223 E HALLAM LOT SPLIT] TO BE REMOVED BY NEIGHBOR LEGAL ADDRESS: LOT 2 OF 223 E HALLAM STREET LOT SPLIT ZONE DISTRICT : R-6 LOT SIZE: 6,000 SQFT SQFT PROJECT ZERO: 7896'-6" P R O P E R T Y L I N E S E T B A C K L I N E F R O N T Y A R D SE T B A C K SIDE YARD SETBACK RE A R Y A R D SE T B A C K [P R I N C I P L E ST R U C T U R E ] R E A R YA R D SE T - BA C K [G A R A G E ] SIDE YARD SET- BACK E HALLAM STREET LOT 1 OF 223 E HALLAM STREET LOT SPLIT 225 E HALLAM STREET ALLEY BLOCK 72 7895 7896 7897 1 0 ' - 0 " 5'-0" 5'-0" 1 0 ' - 0 " 5' - 0 " 1'-4" 7'-01/2" 7'-37/8" LINE OF EXTERIOR WALL EXISTING HISTORIC FENCE TO BE RELOCATED TO PROPERTY LINE 6' PRIVACY FENCE TO BE LOCATED BEHIND FRONT FACADE OF ADDITION PER 26.575.020.E.5.p LIGHTWELL TO EXTEND INTO SETBACK PER 26.575.020.E.5.i; SEE LOWER LEVEL FLOOR PLAN SHEET Z-101 FOR DIMS LIGHTWELL TO EXTEND INTO SETBACK PER 26.575.020.E.5.i; SEE LOWER LEVEL FLOOR PLAN SHEET Z-101 FOR DIMS P R O P E R T Y L I N E S E T B A C K L I N E 7895 7896 7897 FR O N T Y A R D SE T B A C K SIDE YARD SET- BACK SIDE YARD SET- BACK SIDE YARD SET- BACK R E A R Y A R D S E T B A C K [P R I N C I P L E ST R U C T U R E ] R E A R YA R D S E T - B A C K [G A R A G E ] E HALLAM STREET LOT 1 OF 223 E HALLAM STREET LOT SPLIT 225 E HALLAM STREET ALLEY BLOCK 72 LEGAL ADDRESS: LOT 2 OF 223 E HALLAM STREET LOT SPLIT ZONE DISTRICT : R-6 LOT SIZE: 6,000 SQFT SQFT PROJECT ZERO: 7896'-6" TREE TO BE REMOVED PROPOSED TREE TREE LEGEND N 1X EXISTING SITE PLAN 1/8" = 1'-0"1 PROPOSED SITE PLAN 1/8" = 1'-0" STRUCTURAL CONSULTANTS SURVEYOR MECHANICAL COPYRIGHT CONTRACTOR CIVIL SHEET TITLE 5/7/15 PROJECT NO: DRAWN BY:KPT 1422 FORUM PHI, LLC Tuttle Surveying Services 727 Blake Avenue Glenwood Springs, Colorado 81601 P: 970.928.9708 F: 970.947.9007 jeff@tss-us.com TBD TBD TBD TBD DATE OF PUBLICATION Z-006 SITE PLAN 223 E Hallam Street, Aspen, CO, 81611, USA 223 E Hallam St 715 West Main Street, Suite 204 Aspen, Colorado 81611 P: 970.279.4157 F: 866.770.5585 PARCEL ID # 273-707-316-008 LEGAL DESCRIPTION LOT 2 OF 223 E HALLAM STREET LOT SPLIT ZONE DISTRICT R-6 12/31/14SD HPC REVIEW HPC CON. REVISED3/24/15SD SD 5/7/15 HPC CON. REVISED 2 P 2 8 3 X . a 6,000.00 sq ft 1,550.25 sq ft 487.25 sq ft P R O P E R T Y L I N E S E T B A C K L I N E EXISTING SITE COVERAGE: 33.9% 6,000.00 sq ft 2,507.25 sq ft P R O P E R T Y L I N E S E T B A C K L I N E ALLOWABLE SITE COVERAGE: 50% PROPOSED SITE COVERAGE: 41.7% N EXISTING SITE COVERAGE 1/8" = 1'-0"PROPOSED SITE COVERAGE 1/8" = 1'-0" STRUCTURAL CONSULTANTS SURVEYOR MECHANICAL COPYRIGHT CONTRACTOR CIVIL SHEET TITLE 5/7/15 PROJECT NO: DRAWN BY:KPT 1422 FORUM PHI, LLC Tuttle Surveying Services 727 Blake Avenue Glenwood Springs, Colorado 81601 P: 970.928.9708 F: 970.947.9007 jeff@tss-us.com TBD TBD TBD TBD DATE OF PUBLICATION Z-007 SITE COVERAGE 223 E Hallam Street, Aspen, CO, 81611, USA 223 E Hallam St 715 West Main Street, Suite 204 Aspen, Colorado 81611 P: 970.279.4157 F: 866.770.5585 PARCEL ID # 273-707-316-008 LEGAL DESCRIPTION LOT 2 OF 223 E HALLAM STREET LOT SPLIT ZONE DISTRICT R-6 12/31/14SD HPC REVIEW HPC CON. REVISED3/24/15SD SD 5/7/15 HPC CON. REVISED 2 P 2 8 4 X . a 1 1 A A B B C C D D E E F F 2 2 3 3 4 4 5 5 C C G G P R O P E R T Y L I N E S E T B A C K L I N E 21 3 456 7 8 9 10 11 12 1513 14 16 17 18 19 157.25 sq ft 155.25 sq ft 301.25 sq ft 301.25 sq ft 124.25 sq ft19.75 sq ft 143.25 sq ft 264.50 sq ft194.25 sq ft 5.00 sq ft 31.50 sq ft 198.50 sq ft 104.00 sq ft 277.25 sq ft 204.00 sq ft 19.50 sq ft 19.50 sq ft 177.00 sq ft 227.50 sq ft 21.50 sq ft 2.75 sq ft 1918 1 2 3 4 3 56 8 9 10 11 12 13 14 15 16 17 7 Demolition Calculations Roof Demolition Roof Label Individual Roof Area (Sq Ft) 1157.25157.25 2155.25155.25 3144.00144.00 4143.25143.25 5264.50 6194.25 75.00 831.502.75 9198.50 10 104.00 11 277.25 12 204.00 13 19.50 19.50 14 19.50 19.50 15 177.00 16 227.50 227.50 17 21.50 21.50 18 301.25 301.25 19 301.25 301.25 Roof Surface Total (Sq Ft)2,946.25 Roof Surface Area to be Removed (Sq Ft)1,493.00 Demolition Totals Roof + Wall Area Used for Demo Calculation (Sq Ft)6,732.00 Surface Area to be Removed (Sq Ft)3,630.75 Total 53.93% 223 E Hallam St, Lot 2 Area of Roof to be Removed (Sq Ft) EXISTING ROOF TO REMAIN ROOF TO BE DEMOLISHED ROOF DEMO LEGEND N ROOF DEMO PLAN 1/8" = 1'-0"ROOF DEMO FILLS - FLAT PLANE METHOD 1/8" = 1'-0" STRUCTURAL CONSULTANTS SURVEYOR MECHANICAL COPYRIGHT CONTRACTOR CIVIL SHEET TITLE 5/7/15 PROJECT NO: DRAWN BY:KPT 1422 FORUM PHI, LLC Tuttle Surveying Services 727 Blake Avenue Glenwood Springs, Colorado 81601 P: 970.928.9708 F: 970.947.9007 jeff@tss-us.com TBD TBD TBD TBD DATE OF PUBLICATION Z-009 ROOF DEMOLITION CALCULATIONS 223 E Hallam Street, Aspen, CO, 81611, USA 223 E Hallam St 715 West Main Street, Suite 204 Aspen, Colorado 81611 P: 970.279.4157 F: 866.770.5585 PARCEL ID # 273-707-316-008 LEGAL DESCRIPTION LOT 2 OF 223 E HALLAM STREET LOT SPLIT ZONE DISTRICT R-6 12/31/14SD HPC REVIEW HPC CON. REVISED3/24/15SD SD 5/7/15 HPC CON. REVISED 2 P 2 8 5 X . a 1 1 A A B B C C D D E E F F 2 2 3 3 4 4 5 5 C C G G P R O P E R T Y L I N E S E T B A C K L I N E A B C D EF G H I J K LM N O P Q R S T U V S W X Y Z AA HISTORIC 1 1 A A B B C C D D E E F F 2 2 3 3 4 4 5 5 C C G G P H M S R BB CC DDEE FF P R O P E R T Y L I N E S E T B A C K L I N E HISTORIC 54.00 sq ft 163.50 sq ft 181.25 sq ft 135.00 sq ft 153.25 sq ft 171.00 sq ft 41.25 sq ft 38.25 sq ft 12.50 sq ft12.50 sq ft 25.25 sq ft 19.00 sq ft 14.50 sq ft10.00 sq ft 88.75 sq ft 112.75 sq ft 166.25 sq ft 32.50 sq ft 72.25 sq ft30.25 sq ft 30.25 sq ft 202.25 sq ft 13.75 sq ft 30.00 sq ft 34.75 sq ft 49.25 sq ft15.25 sq ft 208.25 sq ft 161.50 sq ft 197.00 sq ft 164.50 sq ft A B C D E F HG I J K L M N O P Q R S T U V W BB CCDD EE FF X Y Z AA 387.75 sq ft 300.00 sq ft 10.75 sq ft 13.75 sq ft 3.75 sq ft3.75 sq ft 126.00 sq ft 9.25 sq ft 3.50 sq ft 49.75 sq ft 18.25 sq ft 44.50 sq ft 18.25 sq ft 226.25 sq ft 26.50 sq ft 8.50 sq ft 232.50 sq ft 8.00 sq ft 5.75 sq ft 226.25 sq ft 29.00 sq ft 33.00 sq ft8.75 sq ft 8.75 sq ft Demolition Calculations Wall Demolition Wall Label Individual Wall Area (Sq Ft) A163.50 163.50 B181.25 181.25 C135.00 135.00 D153.25 153.25 E171.00 171.00 F41.2510.00 G38.2514.50 H387.7569.25 I88.75 88.75 J112.75 112.75 K166.25 166.25 L32.50 32.50 M300.0032.00 N126.0012.75 O49.7518.25 P226.2535.00 Q44.5018.25 R232.5013.75 S226.2529.00 T30.258.75 U75.2533.00 V30.258.75 W202.25 202.25 X208.25 208.25 Y161.50 161.50 Z197.00 197.00 AA 164.50 164.50 BB 13.75 CC 30.00 DD 34.75 EE 49.25 FF 15.25 Wall Surface Area Total (Sq Ft)4,089.00 Area Reduced for Fenestration (Sq Ft)303.25 Area Used for Demo Calculation (Sq Ft)3,785.75 Wall Surface Area to be Removed (Sq Ft)2,137.75 Demolition Totals Roof + Wall Area Used for Demo Calculation (Sq Ft)6,732.00 Surface Area to be Removed (Sq Ft)3,630.75 Total 53.93% 223 E Hallam St, Lot 2 Area Reduced for Fenestration (Sq Ft) Area of Wall to be Removed (Sq Ft) Demolition CalculationsWall Demolition Wall Label Individual Wall Area (Sq Ft)A163.50 163.50B181.25 181.25C135.00 135.00D153.25 153.25E171.00 171.00F41.2510.00G38.2514.50H387.7569.25I88.75 88.75J112.75 112.75K166.25 166.25L32.50 32.50 M300.0032.00 N126.0012.75 O49.7518.25 P226.2535.00 Q44.5018.25 R232.5013.75 S226.2529.00 T30.258.75 U75.2533.00 V30.258.75 W202.25 202.25 X208.25 208.25 Y161.50 161.50 Z197.00 197.00 AA 164.50 164.50 BB 13.75 CC 30.00 DD 34.75 EE 49.25 FF 15.25 Wall Surface Area Total (Sq Ft)4,089.00 Area Reduced for Fenestration (Sq Ft)303.25 Area Used for Demo Calculation (Sq Ft)3,785.75 Wall Surface Area to be Removed (Sq Ft)2,137.75 Demolition Totals Roof + Wall Area Used for Demo Calculation (Sq Ft)6,732.00 Surface Area to be Removed (Sq Ft)3,630.75 Total 53.93% 223 E Hallam St, Lot 2 Area Reduced for Fenestration(Sq Ft)Area of Wall to be Removed(Sq Ft) Demolition Calculations Wall Demolition Wall Label Individual Wall Area (Sq Ft) A163.50 163.50 B181.25 181.25 C135.00 135.00 D153.25 153.25 E171.00 171.00 F41.2510.00 G38.2514.50 H387.7569.25 I88.75 88.75 J112.75 112.75 K166.25 166.25 L32.50 32.50 M300.0032.00 N126.0012.75 O49.7518.25 P226.2535.00 Q44.5018.25 R232.5013.75 S226.2529.00 T30.258.75 U75.2533.00 V30.258.75 W202.25 202.25 X208.25 208.25 Y161.50 161.50 Z197.00 197.00 AA 164.50 164.50 BB 13.75 CC 30.00 DD 34.75 EE 49.25 FF 15.25 Wall Surface Area Total (Sq Ft)4,089.00 Area Reduced for Fenestration (Sq Ft)303.25 Area Used for Demo Calculation (Sq Ft)3,785.75 Wall Surface Area to be Removed (Sq Ft)2,137.75 Demolition Totals Roof + Wall Area Used for Demo Calculation (Sq Ft)6,732.00 Surface Area to be Removed (Sq Ft)3,630.75 Total 53.93% 223 E Hallam St, Lot 2 Area Reduced for Fenestration (Sq Ft) Area of Wall to be Removed (Sq Ft) EXISTING WALL TO REMAIN WALL TO BE DEMOLISHED WALL DEMO LEGEND N MAIN LEVEL DEMO PLAN 1/8" = 1'-0"UPPER LEVEL DEMO PLAN 1/8" = 1'-0"WALL DEMO FILLS 1/8" = 1'-0" STRUCTURAL CONSULTANTS SURVEYOR MECHANICAL COPYRIGHT CONTRACTOR CIVIL SHEET TITLE 5/7/15 PROJECT NO: DRAWN BY:KPT 1422 FORUM PHI, LLC Tuttle Surveying Services 727 Blake Avenue Glenwood Springs, Colorado 81601 P: 970.928.9708 F: 970.947.9007 jeff@tss-us.com TBD TBD TBD TBD DATE OF PUBLICATION Z-010 WALL DEMOLITION CALCULATIONS 223 E Hallam Street, Aspen, CO, 81611, USA 223 E Hallam St 715 West Main Street, Suite 204 Aspen, Colorado 81611 P: 970.279.4157 F: 866.770.5585 PARCEL ID # 273-707-316-008 LEGAL DESCRIPTION LOT 2 OF 223 E HALLAM STREET LOT SPLIT ZONE DISTRICT R-6 12/31/14SD HPC REVIEW HPC CON. REVISED3/24/15SD SD 5/7/15 HPC CON. REVISED 2 P 2 8 6 X . a 1 1 A A B B C C D D E E F F 2 2 3 3 4 4 5 5 C C G G 12 ' - 3 1/ 2 " 16'-03/8" 16'-03/8" 12 ' - 3 1/ 2 " 4. 3. 2. 1. P R O P E R T Y L I N E S E T B A C K L I N E CRAWL CRAWL CRAWL 257.75 sq ft 16'-03/8"12'-31/2"16'-03/8"12'-31/2" 7' - 0 " 112.25 sq ft 86.00 sq ft 112.25 sq ft 86.00 sq ft 15.00 sq ft 12.00 sq ft 1.2.3.4. EXPOSED WALL AREA WALL BELOW GRADE Floor Area Calculations Existing Lower Level Wall Calculations Lower Level Wall Label Total Wall Area (Sq Ft) Exposed Wall Area (Sq Ft) 1112.25 286.00 3112.2515.00 486.0012.00 Overall Total Wall Areas (Sq Ft)396.50 Exposed Wall Area (Sq Ft)27.00 % of Exposed Wall (Exposed / Total)6.8% Existing Lower Level Floor Area Calculations Lower Level Gross Floor Area (Sq Ft)257.75 Lower Level Countable Floor Area (Sq Ft)17.55 Total Existing Floor Area Calculations Lower Level Floor Area (Sq Ft)17.55 Main Level Floor Area (Sq Ft)1550.25 Deck/Porch Floor Area (Sq Ft) Upper Level Floor Area (Sq Ft)1015.50 Total Existing Floor Area (Sq Ft)2,583.30 223 E Hallam St, Lot 2 LIVABLE FLOOR AREA GARAGE DECK EXEMPT AREA N EXISTING LOWER LEVEL 1/8" = 1'-0" EXISTING LOWER LEVEL 1/8" = 1'-0" SUGBRADE CALC LEGEND FAR LEGEND STRUCTURAL CONSULTANTS SURVEYOR MECHANICAL COPYRIGHT CONTRACTOR CIVIL SHEET TITLE 5/7/15 PROJECT NO: DRAWN BY:KPT 1422 FORUM PHI, LLC Tuttle Surveying Services 727 Blake Avenue Glenwood Springs, Colorado 81601 P: 970.928.9708 F: 970.947.9007 jeff@tss-us.com TBD TBD TBD TBD DATE OF PUBLICATION Z-011X FLOOR AREA CALCULATIONS 223 E Hallam Street, Aspen, CO, 81611, USA 223 E Hallam St 715 West Main Street, Suite 204 Aspen, Colorado 81611 P: 970.279.4157 F: 866.770.5585 PARCEL ID # 273-707-316-008 LEGAL DESCRIPTION LOT 2 OF 223 E HALLAM STREET LOT SPLIT ZONE DISTRICT R-6 12/31/14SD HPC REVIEW HPC CON. REVISED3/24/15SD SD 5/7/15 HPC CON. REVISED 2 P 2 8 7 X . a 1 1 A A B B C C D D E E F F 2 2 3 3 4 4 5 5 C C G G 40.00 sq ft P R O P E R T Y L I N E S E T B A C K L I N E 1,550.25 sq ft 487.25 sq ft Floor Area Calculations Existing Main Level Floor Area Calculations Main Level Gross Floor Area (Sq Ft)1550.25 Garage Gross Floor Area (Sq Ft)487.25 Garage Floor Area (Sq Ft)112.25 Main Level Countable Floor Area (Sq Ft)1550.25 Garage Countable Floor Area (Sq Ft)112.25 Main Level Countable Floor Area (Sq Ft)1550.25 Existing Deck/Porch Floor Area Calculations Front Porch Gross Floor Area (Sq Ft) Deck Gross Floor Area (Sq Ft)40.00 Exempt Deck Floor Area (Sq Ft)486.00 (3,240 sq ft x 15%) Deck/Porch Countable Floor Area (Sq Ft) Total Existing Floor Area Calculations Lower Level Floor Area (Sq Ft)17.55 Main Level Floor Area (Sq Ft)1550.25 Deck/Porch Floor Area (Sq Ft) Upper Level Floor Area (Sq Ft)1015.50 Total Existing Floor Area (Sq Ft)2,583.30 223 E Hallam St, Lot 2 LIVABLE FLOOR AREA GARAGE DECK EXEMPT AREA EXISTING MAIN LEVEL 1/8" = 1'-0" FAR LEGEND STRUCTURAL CONSULTANTS SURVEYOR MECHANICAL COPYRIGHT CONTRACTOR CIVIL SHEET TITLE 5/7/15 PROJECT NO: DRAWN BY:KPT 1422 FORUM PHI, LLC Tuttle Surveying Services 727 Blake Avenue Glenwood Springs, Colorado 81601 P: 970.928.9708 F: 970.947.9007 jeff@tss-us.com TBD TBD TBD TBD DATE OF PUBLICATION Z-012X FLOOR AREA CALCULATIONS 223 E Hallam Street, Aspen, CO, 81611, USA 223 E Hallam St 715 West Main Street, Suite 204 Aspen, Colorado 81611 P: 970.279.4157 F: 866.770.5585 PARCEL ID # 273-707-316-008 LEGAL DESCRIPTION LOT 2 OF 223 E HALLAM STREET LOT SPLIT ZONE DISTRICT R-6 12/31/14SD HPC REVIEW HPC CON. REVISED3/24/15SD SD 5/7/15 HPC CON. REVISED 2 P 2 8 8 X . a 1 1 A A B B C C D D E E F F 2 2 3 3 4 4 5 5 C C G G OPEN TO BELOW P R O P E R T Y L I N E S E T B A C K L I N E 771.75 sq ft 243.75 sq ft Floor Area Calculations Existing Upper Level Floor Area Calculations Upper Level Gross Floor Area (Sq Ft)771.75 Upper Level Garage Floor Area (Sq Ft)243.75 Upper Level Countable Floor Area (Sq Ft)1015.50 Total Existing Floor Area Calculations Lower Level Floor Area (Sq Ft)17.55 Main Level Floor Area (Sq Ft)1550.25 Deck/Porch Floor Area (Sq Ft) Upper Level Floor Area (Sq Ft)1015.5 Total Existing Floor Area (Sq Ft)2,583.30 223 E Hallam St, Lot 2 LIVABLE FLOOR AREA GARAGE DECK EXEMPT AREA EXISTING UPPER LEVEL 1/8" = 1'-0" FAR LEGEND STRUCTURAL CONSULTANTS SURVEYOR MECHANICAL COPYRIGHT CONTRACTOR CIVIL SHEET TITLE 5/7/15 PROJECT NO: DRAWN BY:KPT 1422 FORUM PHI, LLC Tuttle Surveying Services 727 Blake Avenue Glenwood Springs, Colorado 81601 P: 970.928.9708 F: 970.947.9007 jeff@tss-us.com TBD TBD TBD TBD DATE OF PUBLICATION Z-013X FLOOR AREA CALCULATIONS 223 E Hallam Street, Aspen, CO, 81611, USA 223 E Hallam St 715 West Main Street, Suite 204 Aspen, Colorado 81611 P: 970.279.4157 F: 866.770.5585 PARCEL ID # 273-707-316-008 LEGAL DESCRIPTION LOT 2 OF 223 E HALLAM STREET LOT SPLIT ZONE DISTRICT R-6 12/31/14SD HPC REVIEW HPC CON. REVISED3/24/15SD SD 5/7/15 HPC CON. REVISED 2 P 2 8 9 X . a 43'-0" 34 ' - 0 1/ 2 " 4'-0" 16 ' - 3 1/ 8 " 3' - 0 " 12 ' - 3 3/ 8 " 3' - 0 " 8' - 5 " 42 ' - 1 1 1/ 2 " 45'-81/8" 16 ' - 3 1/ 8 " 3' - 0 " 19 ' - 1 7/ 8 " 3' - 0 " 7' - 1 1/ 2 " 48 ' - 6 1/ 2 " 1'-37/8" 28 ' - 5 1/ 2 " 9.00 sq ft 9.00 sq ft 9.00 sq ft 9.00 sq ft S E T B A C K L I N E P R O P E R T Y L I N E 1. 2. 3. 4. 5. 6. 7. 8. 3,709.75 sq ft 1 1 D D E E F F 2 2 4 4 5 5 G G A A B B C C 3 3 Floor Area Calculations 223 E Hallam St, Lot 2 Proposed Lower Level Exposed Wall Calculations Lower Level Wall Label Total Wall Area (Sq Ft) Exposed Wall Area (Sq Ft) 1473.00 2374.50 344.00 4537.0057.00 5571.00 6606.7557.00 714.50 8313.00 Overall Total Wall Area (Sq Ft)2,933.75 Exposed Wall Area (Sq Ft)114.00 % of Exposed Wall (Sq Ft) (Exposed / Total)3.89% Proposed Lower Level Floor Area Calculations Lower Level Gross Floor Area (Sq Ft)3,709.75 Lower Level Countable Floor Area (Sq Ft)144.15 Total Proposed Floor Area Calculations Lower Level Floor Area (Sq Ft)144.15 Main Level Floor Area (Sq Ft)2105.50 Upper Level Floor Area (Sq Ft)1458.75 Deck/Porch Floor Area (Sq Ft) Total Proposed Floor Area (Sq Ft)3,708.40 43'-0"34'-01/2"4'-0" 42'-111/2" 16'-31/8"3'-0"19'-17/8"3'-0"1'-61/2" 45'-81/8" 48'-61/2" 7'-11/2"3'-0"19'-17/8"3'-0"16'-31/8" 1'-37/8"28'-51/2" 11 ' - 0 " 3' - 0 " 9' - 6 " 12 ' - 6 " 12 ' - 6 " 3' - 0 " 9' - 6 " 12 ' - 6 " 11 ' - 0 " 374.50 sq ft473.00 sq ft 313.00 sq ft14.50 sq ft 44.00 sq ft 537.00 sq ft 28.50 sq ft28.50 sq ft 571.00 sq ft 606.75 sq ft 28.50 sq ft 28.50 sq ft 1.2.3.4. 5.6.7.8. EXPOSED WALL AREA WALL BELOW GRADE LIVABLE FLOOR AREA GARAGE DECK EXEMPT AREA N PROPOSED LOWER LEVEL 1/8" = 1'-0" LOWER LEVEL SUBGRADE FILLS 1/8" = 1'-0" SUGBRADE CALC LEGEND FAR LEGEND STRUCTURAL CONSULTANTS SURVEYOR MECHANICAL COPYRIGHT CONTRACTOR CIVIL SHEET TITLE 5/7/15 PROJECT NO: DRAWN BY:KPT 1422 FORUM PHI, LLC Tuttle Surveying Services 727 Blake Avenue Glenwood Springs, Colorado 81601 P: 970.928.9708 F: 970.947.9007 jeff@tss-us.com TBD TBD TBD TBD DATE OF PUBLICATION Z-011 FLOOR AREA CALCULATIONS 223 E Hallam Street, Aspen, CO, 81611, USA 223 E Hallam St 715 West Main Street, Suite 204 Aspen, Colorado 81611 P: 970.279.4157 F: 866.770.5585 PARCEL ID # 273-707-316-008 LEGAL DESCRIPTION LOT 2 OF 223 E HALLAM STREET LOT SPLIT ZONE DISTRICT R-6 12/31/14SD HPC REVIEW HPC CON. REVISED3/24/15SD SD 5/7/15 HPC CON. REVISED 2 P 2 9 0 X . a P R O P E R T Y L I N E S E T B A C K L I N E D W D W 1 1 D D E E F F 2 2 4 4 5 5 G G A A B B C C 3 3 500.00 sq ft 71.50 sq ft 48.00 sq ft 1,980.50 sq ft ATTIC FRONT PORCH PER 26.575 020.D.5 Floor Area Calculations 223 E Hallam St, Lot 2 Proposed Main Level Floor Area Calculations Main Level Gross Floor Area (Sq Ft)1980.50 Garage Gross Floor Area (Sq Ft)500.00 Garage Floor Area (Sq Ft)125.00 Main Level Countable Floor Area (Sq Ft)1980.50 Garage Countable Floor Area (Sq Ft)125.00 Total Main Level Countable Floor Area (Sq Ft)2105.50 Proposed Deck/Porch Floor Area Calculations Front Porch Floor Area (Sq Ft)48.00 Main Level – Exempt Deck Floor Area (Sq Ft) (Main Level)71.50 Main Level Deck Floor Area (Sq Ft) (Upper Level)252.00 Upper Level Total Deck Floor Area (Sq Ft)323.50 Exempt Deck Floor Area (Sq Ft)486.00 (3,240 sq ft x 15%) Deck/Porch Countable Floor Area (Sq Ft) Total Proposed Floor Area Calculations Lower Level Floor Area (Sq Ft)144.15 Main Level Floor Area (Sq Ft)2105.50 Upper Level Floor Area (Sq Ft)1458.75 Deck/Porch Floor Area (Sq Ft) Total Proposed Floor Area (Sq Ft)3,708.40 LIVABLE FLOOR AREA GARAGE DECK EXEMPT AREA N PROPOSED MAIN LEVEL 1/8" = 1'-0" FAR LEGEND STRUCTURAL CONSULTANTS SURVEYOR MECHANICAL COPYRIGHT CONTRACTOR CIVIL SHEET TITLE 5/7/15 PROJECT NO: DRAWN BY:KPT 1422 FORUM PHI, LLC Tuttle Surveying Services 727 Blake Avenue Glenwood Springs, Colorado 81601 P: 970.928.9708 F: 970.947.9007 jeff@tss-us.com TBD TBD TBD TBD DATE OF PUBLICATION Z-012 FLOOR AREA CALCULATIONS 223 E Hallam Street, Aspen, CO, 81611, USA 223 E Hallam St 715 West Main Street, Suite 204 Aspen, Colorado 81611 P: 970.279.4157 F: 866.770.5585 PARCEL ID # 273-707-316-008 LEGAL DESCRIPTION LOT 2 OF 223 E HALLAM STREET LOT SPLIT ZONE DISTRICT R-6 12/31/14SD HPC REVIEW HPC CON. REVISED3/24/15SD SD 5/7/15 HPC CON. REVISED 2 P 2 9 1 X . a P R O P E R T Y L I N E S E T B A C K L I N E OPEN TO BELOW OPEN TO BELOW 1 1 D D E E F F 2 2 4 4 5 5 G G A A B B C C 3 3 970.00 sq ft 108.50 sq ft 488.75 sq ft 143.50 sq ft ATTIC EXEMPT PER 26.575 020.D.3 Floor Area Calculations 223 E Hallam St, Lot 2 Proposed Upper Level Floor Area Calculations Upper Level Gross Floor Area (Sq Ft)1458.75 488.75 + 944.75 Upper Level Countable Floor Area (Sq Ft)1458.75 Proposed Deck/Porch Floor Area Calculations Front Porch Floor Area (Sq Ft)42.00 Main Level – Exempt Deck Floor Area (Sq Ft) (Main Level)71.50 Main Level Deck Floor Area (Sq Ft) (Upper Level)252.00 Upper Level Total Deck Floor Area 323.50 Exempt Deck Floor Area (Sq Ft)486.00 (3,240 sq ft x 15%) Deck/Porch Countable Floor Area (Sq Ft) Total Proposed Floor Area Calculations Lower Level Floor Area (Sq Ft)144.15 Main Level Floor Area (Sq Ft)2105.50 Upper Level Floor Area (Sq Ft)1458.75 Deck/Porch Floor Area (Sq Ft) Total Proposed Floor Area (Sq Ft)3,708.40 LIVABLE FLOOR AREA GARAGE DECK EXEMPT AREA NN PROPOSED UPPER LEVEL 1/8" = 1'-0" FAR LEGEND STRUCTURAL CONSULTANTS SURVEYOR MECHANICAL COPYRIGHT CONTRACTOR CIVIL SHEET TITLE 5/7/15 PROJECT NO: DRAWN BY:KPT 1422 FORUM PHI, LLC Tuttle Surveying Services 727 Blake Avenue Glenwood Springs, Colorado 81601 P: 970.928.9708 F: 970.947.9007 jeff@tss-us.com TBD TBD TBD TBD DATE OF PUBLICATION Z-013 FLOOR AREA CALCULATIONS 223 E Hallam Street, Aspen, CO, 81611, USA 223 E Hallam St 715 West Main Street, Suite 204 Aspen, Colorado 81611 P: 970.279.4157 F: 866.770.5585 PARCEL ID # 273-707-316-008 LEGAL DESCRIPTION LOT 2 OF 223 E HALLAM STREET LOT SPLIT ZONE DISTRICT R-6 12/31/14SD HPC REVIEW HPC CON. REVISED3/24/15SD SD 5/7/15 HPC CON. REVISED 2 P 2 9 2 X . a CURRENT LOCATION OF HOUSE PROPOSED LOCATION OF HOUSE POTENTIAL LOCATION OF HOUSE DURING CONSTRUCTION P R O P E R T Y L I N E S E T B A C K L I N E 7895 7896 7897 N 1 TEMPORARY RELOCATION PLAN 1/8" = 1'-0" STRUCTURAL CONSULTANTS SURVEYOR MECHANICAL COPYRIGHT CONTRACTOR CIVIL SHEET TITLE 5/7/15 PROJECT NO: DRAWN BY:KPT 1422 FORUM PHI, LLC Tuttle Surveying Services 727 Blake Avenue Glenwood Springs, Colorado 81601 P: 970.928.9708 F: 970.947.9007 jeff@tss-us.com TBD TBD TBD TBD DATE OF PUBLICATION Z-014 TEMPORARY RELOCATION 223 E Hallam Street, Aspen, CO, 81611, USA 223 E Hallam St 715 West Main Street, Suite 204 Aspen, Colorado 81611 P: 970.279.4157 F: 866.770.5585 PARCEL ID # 273-707-316-008 LEGAL DESCRIPTION LOT 2 OF 223 E HALLAM STREET LOT SPLIT ZONE DISTRICT R-6 12/31/14SD HPC REVIEW HPC CON. REVISED3/24/15SD SD 5/7/15 HPC CON. REVISED 2 P 2 9 3 X . a 1 1 A A B B C C D D E E F F 2 2 3 3 4 4 5 5 C C G G P R O P E R T Y L I N E S E T B A C K L I N E CRAWL 000 2X Z-202 4X Z-204 1X Z-201 3X Z-203 W CD W CD 1 1 A A B B C C D D E E F F 2 2 3 3 4 4 5 5 G G S E T B A C K L I N E P R O P E R T Y L I N E REC ROOM 001 STAIR 002 MECH 004 BEDROOM 1 006 LAUNDRY 005 BEDROOM 2 009 BATH 1 007 CLOSET 1 008 BATH 2 010CLOSET 2 011 BEDROOM 4 015 BATH 4 017 CLOSET 4 016 BEDROOM 3 012 BATH 3 014 CLOSET 3 013 PWDR 003 BAR 2 Z-2024 Z-204 1 Z-201 3 Z-203 N 1X EXISTING LOWER LEVEL 3/16" = 1'-0"1 PROPOSED LOWER LEVEL 3/16" = 1'-0" STRUCTURAL CONSULTANTS SURVEYOR MECHANICAL COPYRIGHT CONTRACTOR CIVIL SHEET TITLE 5/7/15 PROJECT NO: DRAWN BY:KPT 1422 FORUM PHI, LLC Tuttle Surveying Services 727 Blake Avenue Glenwood Springs, Colorado 81601 P: 970.928.9708 F: 970.947.9007 jeff@tss-us.com TBD TBD TBD TBD DATE OF PUBLICATION Z-101 FLOOR PLANS 223 E Hallam Street, Aspen, CO, 81611, USA 223 E Hallam St 715 West Main Street, Suite 204 Aspen, Colorado 81611 P: 970.279.4157 F: 866.770.5585 PARCEL ID # 273-707-316-008 LEGAL DESCRIPTION LOT 2 OF 223 E HALLAM STREET LOT SPLIT ZONE DISTRICT R-6 12/31/14SD HPC REVIEW HPC CON. REVISED3/24/15SD SD 5/7/15 HPC CON. REVISED 2 P 2 9 4 X . a 1 1 A A B B C C D D E E F F 2 2 3 3 4 4 5 5 G G 1.1 Z-201 2 Z-2024 Z-204 1 Z-201 3 Z-203 2.1 Z-202 P R O P E R T Y L I N E S E T B A C K L I N E ENTRY 101 STAIR 102 LIVING ROOM 103 BAR 104 HALL 105 KITCHEN 108 DINING ROOM 110 PANTRY 109 FRONT PORCH D W D W PWDR 106 MUDROOM 107 FAMILY ROOM 111 GARAGE 112 1 1 A A B B C C D D E E F F 2 2 3 3 4 4 5 5 C C G G CD W CD W F F RG RG 2X Z-202 4X Z-204 1X Z-201 3X Z-203 P R O P E R T Y L I N E S E T B A C K L I N E HISTORIC LIVING ROOM 101 BEDROOM 102 BATH 104KITCHEN 103 DINING ROOM 105 LIVING ROOM 106 KITCHEN 107 ENTRY 108 BATH 111 STORAGE 109 CLOSET 110 GARAGE 112 N 2 PROPOSED MAIN LEVEL 3/16" = 1'-0"2X EXISTING MAIN LEVEL 3/16" = 1'-0" STRUCTURAL CONSULTANTS SURVEYOR MECHANICAL COPYRIGHT CONTRACTOR CIVIL SHEET TITLE 5/7/15 PROJECT NO: DRAWN BY:KPT 1422 FORUM PHI, LLC Tuttle Surveying Services 727 Blake Avenue Glenwood Springs, Colorado 81601 P: 970.928.9708 F: 970.947.9007 jeff@tss-us.com TBD TBD TBD TBD DATE OF PUBLICATION Z-102 FLOOR PLANS 223 E Hallam Street, Aspen, CO, 81611, USA 223 E Hallam St 715 West Main Street, Suite 204 Aspen, Colorado 81611 P: 970.279.4157 F: 866.770.5585 PARCEL ID # 273-707-316-008 LEGAL DESCRIPTION LOT 2 OF 223 E HALLAM STREET LOT SPLIT ZONE DISTRICT R-6 12/31/14SD HPC REVIEW HPC CON. REVISED3/24/15SD SD 5/7/15 HPC CON. REVISED 2 P 2 9 5 X . a 1 1 A A B B C C D D E E F F 2 2 3 3 4 4 5 5 C C G G 2X Z-202 4X Z-204 1X Z-201 3X Z-203 P R O P E R T Y L I N E S E T B A C K L I N E HISTORIC BEDROOM 203 CLOSET 202 BEDROOM 207HALL 201 BATH 204 BEDROOM 205 BEDROOM 206 1 1 A A B B C C D D E E F F 2 2 3 3 4 4 5 5 G G 2 Z-2024 Z-204 1 Z-201 3 Z-203 P R O P E R T Y L I N E S E T B A C K L I N E ATTIC 206 STAIR 202 HALL 202 HALL 208 MASTER BEDROOM 209 CLOSET 204 GUEST MASTER BEDROOM 203GUEST MASTER BATH 205 WC 203 SHOWER 203 MASTER BATH 210 SHOWER 210 WC 1 210 WC 2 210 MASTER CLOSET 211 N 3X EXISTING UPPER LEVEL 3/16" = 1'-0"3 PROPOSED UPPER LEVEL 3/16" = 1'-0" STRUCTURAL CONSULTANTS SURVEYOR MECHANICAL COPYRIGHT CONTRACTOR CIVIL SHEET TITLE 5/7/15 PROJECT NO: DRAWN BY:KPT 1422 FORUM PHI, LLC Tuttle Surveying Services 727 Blake Avenue Glenwood Springs, Colorado 81601 P: 970.928.9708 F: 970.947.9007 jeff@tss-us.com TBD TBD TBD TBD DATE OF PUBLICATION Z-103 FLOOR PLANS 223 E Hallam Street, Aspen, CO, 81611, USA 223 E Hallam St 715 West Main Street, Suite 204 Aspen, Colorado 81611 P: 970.279.4157 F: 866.770.5585 PARCEL ID # 273-707-316-008 LEGAL DESCRIPTION LOT 2 OF 223 E HALLAM STREET LOT SPLIT ZONE DISTRICT R-6 12/31/14SD HPC REVIEW HPC CON. REVISED3/24/15SD SD 5/7/15 HPC CON. REVISED 2 P 2 9 6 X . a 1 1 A A B B C C D D E E F F 2 2 3 3 4 4 5 5 C C G G 2X Z-202 4X Z-204 1X Z-201 3X Z-203 P R O P E R T Y L I N E S E T B A C K L I N E 1 1 A A B B C C D D E E F F 2 2 3 3 4 4 5 5 G G 2 Z-2024 Z-204 1 Z-201 3 Z-203 P R O P E R T Y L I N E S E T B A C K L I N E N 4X EXISTING ROOF PLAN 3/16" = 1'-0"4 PROPOSED ROOF PLAN 3/16" = 1'-0" STRUCTURAL CONSULTANTS SURVEYOR MECHANICAL COPYRIGHT CONTRACTOR CIVIL SHEET TITLE 5/7/15 PROJECT NO: DRAWN BY:KPT 1422 FORUM PHI, LLC Tuttle Surveying Services 727 Blake Avenue Glenwood Springs, Colorado 81601 P: 970.928.9708 F: 970.947.9007 jeff@tss-us.com TBD TBD TBD TBD DATE OF PUBLICATION Z-104 FLOOR PLANS 223 E Hallam Street, Aspen, CO, 81611, USA 223 E Hallam St 715 West Main Street, Suite 204 Aspen, Colorado 81611 P: 970.279.4157 F: 866.770.5585 PARCEL ID # 273-707-316-008 LEGAL DESCRIPTION LOT 2 OF 223 E HALLAM STREET LOT SPLIT ZONE DISTRICT R-6 12/31/14SD HPC REVIEW HPC CON. REVISED3/24/15SD SD 5/7/15 HPC CON. REVISED 2 P 2 9 7 X . a 5 4 3 2 1 LINE OF SETBACK @ NORTH ELEVATION PROPERTY LINE @ NORTH ELEVATION LINE OF SETBACK @ NORTH ELEVATION PROPERTY LINE @ NORTH ELEVATION 1/3 POINT FROM EAVE TO RIDGE 1/3 POINT FROM EAVE TO RIDGE 1/3 POINT FROM EAVE TO RIDGE 1/3 POINT FROM EAVE TO RIDGE R-6 ZONE DISTRICT HEIGHT LIMIT 25' 1/3 POINT FROM EAVE TO RIDGE MAIN LEVEL T.O. PLY 100'- 0" = 7896'-6" HIST. MAIN LEVEL T.O. PLY 100'- 61/2" 17 ' - 9 1/ 2 " 22 ' - 7 1/ 8 " 22 ' - 1 0 3/ 8 " 23 ' - 1 7/ 8 " 12 ' - 3 1/ 8 " 12 ' - 3 1/ 8 " 12 ' - 2 1/ 2 " UPPER LEVEL T.O. PLY 111'- 0" EXISTING RIDGE 127' - 01/2" PROPOSED RIDGE 128' - 11/4" LOWER LEVEL T.O. SLAB 86'- 0" 1. 2. 12 12 12 12 6.12 12 7. 12 12 4.3.5. 345 2 1 LINE OF SETBACK @ NORTH ELEVATION PROPERTY LINE @ NORTH ELEVATION LINE OF SETBACK @ NORTH ELEVATION PROPERTY LINE @ NORTH ELEVATION 1/3 POINT FROM EAVE TO RIDGE 1/3 POINT FROM EAVE TO RIDGE R-6 ZONE DISTRICT HEIGHT LIMIT 25' INTERPOLATED SLOPE1/3 POINT FROM EAVE TO RIDGE TOP OF STRUCTURE MAIN LEVEL T.O. PLY 100'- 0" = 7896'-6" HIST. MAIN LEVEL T.O. PLY 100'- 61/2" 22 ' - 8 3/ 8 " 23 ' - 7 3/ 4 " UPPER LEVEL T.O. PLY 111'- 0" EXISTING RIDGE 127' - 01/2" LOWER LEVEL T.O. SLAB 86'- 0" 18. 8 12 12 8 18. 4 12 13. PROPOSED RIDGE 125' - 61/4" 19. 5 4 3 2 1 TO BE REMOVED LINE OF SETBACK @ NORTH ELEVATION PROPERTY LINE @ NORTH ELEVATION LINE OF SETBACK @ NORTH ELEVATION PROPERTY LINE @ NORTH ELEVATION HIST. MAIN LEVEL T.O. PLY 101'- 2" = 7897'-8" HIST. CRAWL LEVEL T.O. SLAB 93'- 21/2" HIST. UPPER LEVEL T.O. PLY 111'- 31/2" EXISTING RIDGE 127' - 8" 1 PROPOSED NORTH ELEVATION 3/16" = 1'-0"1.1 PROPOSED NORTH EAST ELEVATION 1X EXISTING NORTH ELEVATION 3/16" = 1'-0" STRUCTURAL CONSULTANTS SURVEYOR MECHANICAL COPYRIGHT CONTRACTOR CIVIL SHEET TITLE 5/7/15 PROJECT NO: DRAWN BY:KPT 1422 FORUM PHI, LLC Tuttle Surveying Services 727 Blake Avenue Glenwood Springs, Colorado 81601 P: 970.928.9708 F: 970.947.9007 jeff@tss-us.com TBD TBD TBD TBD DATE OF PUBLICATION Z-201 HEIGHTS 223 E Hallam Street, Aspen, CO, 81611, USA 223 E Hallam St 715 West Main Street, Suite 204 Aspen, Colorado 81611 P: 970.279.4157 F: 866.770.5585 PARCEL ID # 273-707-316-008 LEGAL DESCRIPTION LOT 2 OF 223 E HALLAM STREET LOT SPLIT ZONE DISTRICT R-6 12/31/14SD HPC REVIEW HPC CON. REVISED3/24/15SD SD 5/7/15 HPC CON. REVISED 2 P 2 9 8 X . a A B C D E F G 1/3 POINT FROM EAVE TO RIDGE1/3 POINT FROM EAVE TO RIDGE 1/3 POINT FROM EAVE TO RIDGE LINE OF SETBACK @ EAST ELEVATION PROPERTY LINE @ EAST ELEVATION LINE OF SETBACK @ EAST ELEVATION R-6 ZONE DISTRICT HEIGHT LIMIT 25' TOP-MOST PORTION TOP-MOST PORTION MAIN LEVEL T.O. PLY 100'- 0" = 7896'-6" HIST. MAIN LEVEL T.O. PLY 100'- 61/2" 23 ' - 3 1/ 2 " 23 ' - 3 1/ 2 " 11 ' - 6 " 1 0 ' - 1 0 3/ 8 " LOWER LEVEL T.O. SLAB 86'- 0" UPPER LEVEL T.O. PLY 111'- 0" EXISTING RIDGE 127' - 01/2"17. 12 12 17. 12 12 18. PROPOSED RIDGE 128' - 11/4" 12 2 19. 20. 12 1 C D E F G 1/3 POINT FROM EAVE TO RIDGE 1/3 POINT FROM EAVE TO RIDGE1/3 POINT FROM EAVE TO RIDGE 1/3 POINT FROM EAVE TO RIDGE TOP MOST PORTION OF STRUCTURE TOP MOST PORTION OF STRUCTURE 17 ' - 1 0 7/ 8 " 22 ' - 1 0 3/ 8 " 17 ' - 4 " 10 ' - 4 3/ 8 " 11 ' - 5 " 1.12 12 12 12 6. 12 12 6. 9.12 12 11.12 1 10.12 1 A B C D E F G TO BE REMOVED TO BE REMOVED LINE OF SETBACK @ EAST ELEVATION PROPERTY LINE @ EAST ELEVATION LINE OF SETBACK @ EAST ELEVATION PROPERTY LINE @ EAST ELEVATION HIST. MAIN LEVEL T.O. PLY 101'- 2" = 7897'-8" HIST. CRAWL LEVEL T.O. SLAB 93'- 21/2" HIST. UPPER LEVEL T.O. PLY 111'- 31/2" EXISTING RIDGE 127' - 8" 2 PROPOSED EAST ELEVATION 3/16" = 1'-0"2.1 PROPOSED EAST ELEVATION 3/16" = 1'-0" 2X EXISTING EAST ELEVATION 3/16" = 1'-0" STRUCTURAL CONSULTANTS SURVEYOR MECHANICAL COPYRIGHT CONTRACTOR CIVIL SHEET TITLE 5/7/15 PROJECT NO: DRAWN BY:KPT 1422 FORUM PHI, LLC Tuttle Surveying Services 727 Blake Avenue Glenwood Springs, Colorado 81601 P: 970.928.9708 F: 970.947.9007 jeff@tss-us.com TBD TBD TBD TBD DATE OF PUBLICATION Z-202 HEIGHTS 223 E Hallam Street, Aspen, CO, 81611, USA 223 E Hallam St 715 West Main Street, Suite 204 Aspen, Colorado 81611 P: 970.279.4157 F: 866.770.5585 PARCEL ID # 273-707-316-008 LEGAL DESCRIPTION LOT 2 OF 223 E HALLAM STREET LOT SPLIT ZONE DISTRICT R-6 12/31/14SD HPC REVIEW HPC CON. REVISED3/24/15SD SD 5/7/15 HPC CON. REVISED 2 P 2 9 9 X . a 1 2 3 4 5 1/3 POINT FROM EAVE TO RIDGE 1/3 POINT FROM EAVE TO RIDGE SEE PROPOSED NORTH ELEVATION DRAWING 1.1 SHEET Z-201 FOR HEIGHT MEASUREMENT LINE OF SETBACK @ SOUTH ELEVATION PROPERTY LINE @ SOUTH ELEVATION LINE OF SETBACK @ SOUTH ELEVATION PROPERTY LINE @ SOUTH ELEVATION R-6 ZONE DISTRICT HEIGHT LIMIT 25' MAIN LEVEL T.O. PLY 100'- 0" = 7896'-6" HIST. MAIN LEVEL T.O. PLY 100'- 61/2" UPPER LEVEL T.O. PLY 111'- 0" EXISTING RIDGE 127' - 01/2" LOWER LEVEL T.O. SLAB 86'- 0" 12 12 18.18. 12 12 PROPOSED RIDGE 128' - 11/4" 1 2 3 4 5 TO BE REMOVED TO BE REMOVED LINE OF SETBACK @ SOUTH ELEVATION PROPERTY LINE @ SOUTH ELEVATION LINE OF SETBACK @ SOUTH ELEVATION PROPERTY LINE @ SOUTH ELEVATION HIST. MAIN LEVEL T.O. PLY 101'- 2" = 7897'-8" HIST. CRAWL LEVEL T.O. SLAB 93'- 21/2" HIST. UPPER LEVEL T.O. PLY 111'- 31/2" EXISTING RIDGE 127' - 8" 3 PROPOSED SOUTH ELEVATION 3/16" = 1'-0" 3X EXISTING SOUTH ELEVATION 3/16" = 1'-0" STRUCTURAL CONSULTANTS SURVEYOR MECHANICAL COPYRIGHT CONTRACTOR CIVIL SHEET TITLE 5/7/15 PROJECT NO: DRAWN BY:KPT 1422 FORUM PHI, LLC Tuttle Surveying Services 727 Blake Avenue Glenwood Springs, Colorado 81601 P: 970.928.9708 F: 970.947.9007 jeff@tss-us.com TBD TBD TBD TBD DATE OF PUBLICATION Z-203 HEIGHTS 223 E Hallam Street, Aspen, CO, 81611, USA 223 E Hallam St 715 West Main Street, Suite 204 Aspen, Colorado 81611 P: 970.279.4157 F: 866.770.5585 PARCEL ID # 273-707-316-008 LEGAL DESCRIPTION LOT 2 OF 223 E HALLAM STREET LOT SPLIT ZONE DISTRICT R-6 12/31/14SD HPC REVIEW HPC CON. REVISED3/24/15SD SD 5/7/15 HPC CON. REVISED 2 P 3 0 0 X . a G F E D C B A 12 ' - 3 1/ 8 " 1/2 POINT FROM EAVE TO RIDGE 1/3 POINT FROM EAVE TO RIDGE TOP OF TRELLIS 1/3 POINT FROM EAVE TO RIDGE TOP MOST PORTION OF STRUCTURE1/3 POINT FROM EAVE TO RIDGE LINE OF SETBACK @ WEST ELEVATION PROPERTY LINE @ WEST ELEVATION LINE OF SETBACK @ WEST ELEVATION PROPERTY LINE @ WEST ELEVATION R-6 ZONE DISTRICT HEIGHT LIMIT 25' 1/3 POINT FROM EAVE TO RIDGE MAIN LEVEL T.O. PLY 100'- 0" = 7896'-6" HIST. MAIN LEVEL T.O. PLY 100'- 61/2" 20 ' - 1 1 7/ 8 " 2 4 ' - 6 1/ 2 " 2 4 ' - 0 1/ 4 " 23 ' - 1 7/ 8 " 2 3 ' - 3 1/ 2 " 14 ' - 1 1/ 4 " 11 ' - 1 1/ 8 " 1/3 POINT FROM EAVE TO RIDGE 1/3 POINT FROM EAVE TO RIDGE UPPER LEVEL T.O. PLY 111'- 0" EXISTING RIDGE 127' - 01/2" PROPOSED RIDGE 128' - 11/4" LOWER LEVEL T.O. SLAB 86'- 0" 6 12 12 8 12 12 13. 14. 15. 12. 16. 7.12 12 8. 14.12 12 G F E D C B A TO BE REMOVED TO BE REMOVED TO BE REMOVED LINE OF SETBACK @ WEST ELEVATION PROPERTY LINE @ WEST ELEVATION LINE OF SETBACK @ WEST ELEVATION PROPERTY LINE @ WEST ELEVATION HIST. MAIN LEVEL T.O. PLY 101'- 2" = 7897'-8" HIST. CRAWL LEVEL T.O. SLAB 93'- 21/2" HIST. UPPER LEVEL T.O. PLY 111'- 31/2" EXISTING RIDGE 127' - 8" 4 PROPOSED WEST ELEVATION 3/16" = 1'-0" 4X EXISTING WEST ELEVATION 3/16" = 1'-0" STRUCTURAL CONSULTANTS SURVEYOR MECHANICAL COPYRIGHT CONTRACTOR CIVIL SHEET TITLE 5/7/15 PROJECT NO: DRAWN BY:KPT 1422 FORUM PHI, LLC Tuttle Surveying Services 727 Blake Avenue Glenwood Springs, Colorado 81601 P: 970.928.9708 F: 970.947.9007 jeff@tss-us.com TBD TBD TBD TBD DATE OF PUBLICATION Z-204 HEIGHTS 223 E Hallam Street, Aspen, CO, 81611, USA 223 E Hallam St 715 West Main Street, Suite 204 Aspen, Colorado 81611 P: 970.279.4157 F: 866.770.5585 PARCEL ID # 273-707-316-008 LEGAL DESCRIPTION LOT 2 OF 223 E HALLAM STREET LOT SPLIT ZONE DISTRICT R-6 12/31/14SD HPC REVIEW HPC CON. REVISED3/24/15SD SD 5/7/15 HPC CON. REVISED 2 P 3 0 1 X . a 2 Z-2024 Z-204 1 Z-201 3 Z-203 23'-31/2"23'-31/2" 23'-31/2" 23'-31/2" 23'-31/2"23'-31/2" 24'-61/2" 11'-11/8" 11'-6" 10'-103/8" P R O P E R T Y L I N E S E T B A C K L I N E 7895 7896 7897 1 1 D D E E F F 2 2 4 4 5 5 G G A A B B C C 3 3 23'-31/2" 24-01/4" 20'-117/8" 10'-43/8" 23'-17/8" 17'-91/2"22'-71/8" 22'-103/8" 22'-103/8" 14'-11/4"17'-4" 12'-31/8" 12'-31/8"12'-21/2" 11'-5" 23'-31/2" 23'-31/2" 1.2. 5. 4. 3. 6.7. 8.9.10. 11. 18. 12. 13. 14. 15. 16. 17. 12 12 12 12 12 12 12 12 12 12 12 1212 12 12 12 12 12 12 12 12 12 12 12 1 12 1 12 1 12 6 12 8 12 18.12 12 12 12 14.12 12 12 12 19.2 12 20. 1 12 Height Over Topography 223 E Hallam St, Lot 2 Elevation Label Most Restrictive 1 7895'-2 ¼”7895'-2 ¼”Natural 7912'-11 ¾”17'-9 ½” 2 7895'-0”7895'-0”Natural 3 7895'-0”7895'-0”Natural 4 7895'-0”7895'-0”Natural 5 7895'-1”7895'-1”Natural 7907'-3 ½”12'-2 ½” 6 7895'-5 ¼”7895'-5 ¼”Natural 7 7895'1 ¼”7895'1 ¼”Natural 8 7895'-4”7895'-4”Natural 7909'-5 ¼”14'-1 ¼” 9 7895'-5 ¾”7895'-5 ¾”Natural 7912'-9 ¾”17'-4” 10 7895'-5 ¾”7895'-5 ¾”Natural 7907'-0 ¼”11'-6 ½” 11 7895'-10 ¼”7895'-10 ¼”Natural 12 7895'-10 ¼”7895'-10 ¼”Natural 13 7895'-10 ¼”7895'-10 ¼”Natural 7919'-3”23'-4 ¾” 14 7896'-1 ¾”7896'-1 ¾”Natural 7918'-10”22'-8 ¼” 15 7896'-1 ¾”7896'-1 ¾”Natural 16 7896'-0”7895'-0”Natural 7907'-6”11'-6” 17 7896'-0”7896'-0”Natural 18 7896'-0”7896'-0”Natural 19 7895'-8 ½”7895'-8 ½”Natural 7907'-2 ½”11'-6” Elevation of Natural Grade Elevation of Proposed Grade Roof Height over Topography Actual Roof Height over Most Restrictive 7917'-71/8”22'-7 1/8” 7907'-31/8”12'-31/8” 7907'-31/8”12'-31/8” 7918'-35/8”22'-103/8” 7918'-31/8”23'-1 7/8” 7906'-25/8”10'-4 3/8” 7916'-101/8”20'-11 7/8” 7919'-103/8”23'-8 5/8” 7918'-5 5/8”22'-5 5/8” 7918'-8 3/8”22'-8 3/8”N 1 PROPOSED ROOF TOPOGRAPHY 3/16" = 1'-0" STRUCTURAL CONSULTANTS SURVEYOR MECHANICAL COPYRIGHT CONTRACTOR CIVIL SHEET TITLE 5/7/15 PROJECT NO: DRAWN BY:KPT 1422 FORUM PHI, LLC Tuttle Surveying Services 727 Blake Avenue Glenwood Springs, Colorado 81601 P: 970.928.9708 F: 970.947.9007 jeff@tss-us.com TBD TBD TBD TBD DATE OF PUBLICATION Z-206 HEIGHT OVER TOPOGRAPHY 223 E Hallam Street, Aspen, CO, 81611, USA 223 E Hallam St 715 West Main Street, Suite 204 Aspen, Colorado 81611 P: 970.279.4157 F: 866.770.5585 PARCEL ID # 273-707-316-008 LEGAL DESCRIPTION LOT 2 OF 223 E HALLAM STREET LOT SPLIT ZONE DISTRICT R-6 12/31/14SD HPC REVIEW HPC CON. REVISED3/24/15SD SD 5/7/15 HPC CON. REVISED 2 P 3 0 2 X . a EXISTING ROUND SAWN SHINGLE TO BE PAINTED PROPOSED CEDAR SHINGLE SIDING EXISTING HORIZONTAL SIDING TO BE PAINTED WHITE PROPOSED HORIZONTAL CEDAR SIDING EXISTING ASPHALT ROOF MATERIAL TO BE REMOVED PROPOSED FAUX SLATE ROOF MATERIAL PROPOSED MACHINE SAWN CEDAR SHINGLE PROPOSED MATERIALS: ADDITION PROPOSED MATERIALS: HISTORIC RESOURCE EXISTING HORIZONTAL SIDING TO BE PAINTED WHITE EXISTING FOUNDATION MATERIAL TO BE PAINTED PROPOSED FOUNDATION VENEER MATERIAL STRUCTURAL CONSULTANTS SURVEYOR MECHANICAL COPYRIGHT CONTRACTOR CIVIL SHEET TITLE 5/7/15 PROJECT NO: DRAWN BY:KPT 1422 FORUM PHI, LLC Tuttle Surveying Services 727 Blake Avenue Glenwood Springs, Colorado 81601 P: 970.928.9708 F: 970.947.9007 jeff@tss-us.com TBD TBD TBD TBD DATE OF PUBLICATION Z-207 MATERIALS 223 E Hallam Street, Aspen, CO, 81611, USA 223 E Hallam St 715 West Main Street, Suite 204 Aspen, Colorado 81611 P: 970.279.4157 F: 866.770.5585 PARCEL ID # 273-707-316-008 LEGAL DESCRIPTION LOT 2 OF 223 E HALLAM STREET LOT SPLIT ZONE DISTRICT R-6 12/31/14SD HPC REVIEW HPC CON. REVISED3/24/15SD SD 5/7/15 HPC CON. REVISED 2 P 3 0 3 X . a E HALLAM STREET - LOOKING SOUTH E HALLAM STREET - LOOKING NORTH ALLEY BLOCK 72 - LOOKING NORTH ALLEY BLOCK 72 - LOOKING SOUTH PROJECT SITE PROJECT SITE PROJECT SITE STRUCTURAL CONSULTANTS SURVEYOR MECHANICAL COPYRIGHT CONTRACTOR CIVIL SHEET TITLE 5/7/15 PROJECT NO: DRAWN BY:KPT 1422 FORUM PHI, LLC Tuttle Surveying Services 727 Blake Avenue Glenwood Springs, Colorado 81601 P: 970.928.9708 F: 970.947.9007 jeff@tss-us.com TBD TBD TBD TBD DATE OF PUBLICATION Z-208 STREETSCAPE 223 E Hallam Street, Aspen, CO, 81611, USA 223 E Hallam St 715 West Main Street, Suite 204 Aspen, Colorado 81611 P: 970.279.4157 F: 866.770.5585 PARCEL ID # 273-707-316-008 LEGAL DESCRIPTION LOT 2 OF 223 E HALLAM STREET LOT SPLIT ZONE DISTRICT R-6 12/31/14SD HPC REVIEW HPC CON. REVISED3/24/15SD SD 5/7/15 HPC CON. REVISED 2 P 3 0 4 X . a J A RESOLUTION OF THE ASPEN HISTORIC PRESERVATION COMMISSION APPROVING CONCEPTUAL MAJOR DEVELOPMENT, ON-SITE RELOCATION AND VARIANCES FOR THE PROPERTY LOCATED AT 223 E. HALLAM, LOT 2, 223 E. HALLAM STREET LOT SPLIT, CITY AND TOWNSITE OF ASPEN, COLORADO RESOLUTION #16, SERIES OF 2015 PARCEL ID: 2737-073-16-008 WHEREAS, the applicant, 223 LLC, represented by Forum Phi Architects, -has requested approval for Conceptual Major Development, On-site Relocation and Variances; and WHEREAS, Section 26.415.070 of the Municipal Code states that "no building or structure shall be erected, constructed, enlarged, altered, repaired, relocated or improved involving a designated historic property or district until plans or sufficient information have been submitted to the Community Development Director and approved in accordance with the procedures established for their review;" and WHEREAS, for Conceptual Major Development Review, the HPC must review the application, a staff analysis report and the evidence presented at a hearing to determine the project's conformance with the City of Aspen Historic Preservation Design Guidelines per Section 26.415.070.D.3.b.2 and 3 of the Municipal Code and other applicable Code Sections. For review of benefits, such as a floor area bonus and setback variances, HPC must determine conformance with Section 26.415.110 of the Municipal Code. The HPC may approve, disapprove, approve with conditions or continue the application to obtain additional information necessary to make a decision to approve or deny; and WHEREAS, in order to receive approval for Relocation, the application shall meet the requirements of Aspen Municipal Code Section 26.415.090.C, Relocation of a Designated Property; and WHEREAS, the HPC may approve variances according to Section 26.415.110; and WHEREAS, Amy Simon, in her staff report to HPC dated May 13, 2015, performed an analysis of the application based on the standards. Staff recommended in favor of the Conceptual Major Development, On-site Relocation and Variances; and WHEREAS, at their regular meeting on May 13, 2015, the Historic Preservation Commission considered the application during a duly noticed public hearing, including the staff recommendation and public comments, and found the project to be consistent with the review criteria,with conditions, by a vote of 4 to 3. NOW, THEREFORE, BE IT RESOLVED: HPC grants Conceptual Major Development, On-Site Relocation and Variance approval with the following conditions: RECEPTION#: 620223, 05128/2015 at 11:08:09 AM, 1 OF 3, R $21.00 Doc Code RESOLUTION Janice K. Vos Caudill, Pitkin County, CO i P305 X.a I. The final design for the restored porches on the northeast and southeast of the Victorian will be reviewed and approved by staff and monitor after these areas are exposed to view during the construction process. 2. HPC hereby grants a 10' combined sideyard and a 5' rear yard setback. HPC grants a 500 square foot floor area bonus. 3. For Final Review, restudy the interior staircase proposed to be adjacent to the front bay window and consider moving it. 4. A report from a licensed engineer, architect or housemover demonstrating that the house can be moved must be submitted with the building permit application in addition to a bond, letter of credit or cashier's check in the amount of $30,000 to ensure the safe relocation. 5. The development approvals granted herein shall constitute a site-specific development plan vested for a period of three (3) years from the date of issuance of a development order. However, any failure to abide by any of the terms and conditions attendant to this approval shall result in the forfeiture of said vested property rights. Unless otherwise exempted or extended, failure to properly record all plats and agreements required to be recorded, as specified herein, within 180 days of the effective date of the development order shall also result in the forfeiture of said vested property rights and shall render the development order void within the meaning of Section 26.104.050 (Void permits). Zoning that is not part of the approved site-specific development plan shall not result in the creation of a vested property right. No later than fourteen (14) days following final approval of all requisite reviews necessary to obtain a development order as set forth in this Ordinance, the City Clerk shall cause to be published in a newspaper of general circulation within the jurisdictional boundaries of the City of Aspen, a notice advising the general public of the approval of a site specific development plan and creation of a vested property right pursuant to this Title. Such notice shall be substantially in the following form: Notice is hereby given to the general public of the approval of a site specific development plan, and the creation of a vested property right, valid for a period of three (3) years, pursuant to the Land Use Code of the City of Aspen and Title 24, Article 68, Colorado Revised Statutes, pertaining to the following described property: 223 E. Hallam, Lot 2, 223 E. Hallam Street Lot Split, City and Townsite of Aspen, Colorado. Nothing in this approval shall exempt the development order from subsequent reviews and approvals required by this approval of the general rules, regulations and ordinances or the City of Aspen provided that such reviews and approvals are not inconsistent with this approval. P306 X.a The approval granted hereby shall be subject. to all rights of referendum and judicial review; the period of time permitted by law for the exercise of such rights shall not begin to run until the date of publication of the notice of final development approval as required under Section 26.304.070(A). The rights of referendum shall be limited as set forth in the Colorado Constitution and the Aspen Home Rule Charter. 6. A development application for a Final Development Plan shall be submitted within one 1) year of May 13, 2015, the date of approval of a Conceptual Development Plan. Failure to file such an application within this time period shall render null and void the approval of the Conceptual Development Plan. The Historic Preservation Commission may, at its sole discretion and for good cause shown, grant a one-time extension of the expiration date for a Conceptual Development Plan approval for up to six (6) months provided a written request for extension is received no less than thirty (30) days prior to the expiration date. APPROVED BY THE COMMISSION at its regular me on the 13th day of May,2015. Willis Pember, Chair Aproved as to Form: Debbie Quinn, Assistant City Attorney ATTEST: rt-4 Kathy Strickland, Chief Deputy Clerk P307 X.a ASPEN HISTORIC PRESERVATION COMMISSION MINUTES OF MAY 13, 2015 1 223 E. Hallam St. – Conceptual Major Development, On-Site Relocation, Demolition and Variances, Public Hearing Debbie said the affidavit of postings are in order and the applicant can proceed – Exhibit I Amy said this is a landmark, 6,000 square foot lot with a Victorian house on it. This building is a nicely detailed high style Victorian house. The Berko family bought the property in 1957. There was a one-story added to the front porch which is not original and that will be demolished and the front porch brought back. There is also a garage that doesn’t appear on the Sanborne map and staff feels that is not contributing. The addition that fills in the rear porch will also be removed. The proposal is to pick the Victorian up, move it forward on the lot and put it on a new basement and do an addition. Staff supports the revision dated May 7 th . This proposal shifts the construction more toward the rear and has a one-story connector. The scale and roof forms are appropriate and staff supports conceptual approval of this project. There are two setback variances on the table; one is a combined and they need a five foot variance. Because the addition is moved back they are in the rear yard setback and are requesting a five foot setback. The applicant is also asking for the 500 square foot floor area bonus and we feel that is warranted due to the amount of restoration work that will be done including the front porch. There are no photographs of the appearance of the front of the house historically. Reconstruction of the front porch will be difficult. Once evidence is uncovered when they tear the front off we will look at it to make sure the porch on the front and back are restored accurately. The applicant is also proposing to construct a stair case that is facing the front bay window. HPC generally does not approve interiors but something done on the inside that interferes with the exterior of the building could be a concern. The applicant cannot find a way to avoid the impact. Seeing the stringer through the front bay seems unfortunate. All of the Victorian fencing will be salvaged and brought onto this side and then it transitions into a wood privacy fence in the back. The Berko studio will be back six feet from the street and in front of the Victorian next door by a few feet. The front steps will not need a railing because the building will be dropped 7 inches into the ground. P308 X.a ASPEN HISTORIC PRESERVATION COMMISSION MINUTES OF MAY 13, 2015 2 Sallie said if the house is dropped you will lose more of the foundation and maybe something can be worked out with the Building Dept. and get relief from the railing. The stairs are very graceful coming up to the house. Steev Wilson, Forum Phi Steev said this house and the Berko studio will be moved forward. We are trying to make the Victorian have a street presence. We will research on the porch and make sure it is reconstructed back to the original. We have the historic building, connector and the two story element. The rear porch will also be restored. The connector is ten feet long and 9 feet tall. We have tried to pull the volume off the historic resource as much as we could. We meet all the side yard variances. The entire mass is behind the rear of the historic structure. We will hold the stairs back from the window but as far as the space layout of the interior the stair in its location is the best solution for us. The stair gains access to the guest area upstairs. The stringer will be moved back to the center of the stair so that it is not visible. It is not a direct application to the glass. We don’t know what the material of the tread will be on the stairs, possibly acrylic. There will be grass over the front lawn. We have also talked to Parks about the tree removal by the garage. Steev said they had tried a number of different stair opportunities and it was our intent to use the space best. The stairs access the attic space. We did not look at a circular stair. Chairperson, Willis Pember opened the public hearing. Mirte Berko – Exhibit II Mirte said the applicant has incorporated a lot of their suggestions and we have been in close dialogue. Our goal is two legacy preservation projects that honor and respect each other. They have respected the garage five yard setback. We don’t support the plan presented today which is moving the massing east which staff supports. The re-distribution of mass is a detriment to the historic preservation goals of our project. We desire to showcase the geometric structures. The preservation strategy of tucking the new mass behind the Victorian would be appropriate in the majority of cases and if only viewed from the front entrance of the Victorian; however, to the west is the AspenModern building. The new additions peaked roof visibly protrudes from the modern studio’s roof line thereby breaking the architectural integrity preservation efforts of the geometric structure. P309 X.a ASPEN HISTORIC PRESERVATION COMMISSION MINUTES OF MAY 13, 2015 3 Howie Mallory entered a letter from Nora Berko – Exhibit III Nora stated that the Victorian house needs renovations. Nora said she feels the relationship between the Berko studio and the Victorian are important. Placing the staircase on the street front façade is inconsistent with the best preservation. The staircase has a visual distraction seen from the street. The upstairs windows seem to have a different form and arrangement than the existing original windows. The foundation should be retained as part of the good restoration effort. Howie said the community expects preservation to the highest standard. With the input from staff and HPC we have ended up with a better AspenModern program next door. Steev said the top of the building will be dwarfed by the two story structure that will be erected next door. The structure is so far back that I don’t think the two will be seen together. Regarding the windows that Nora mentioned, we are not changing the windows. We will reuse the stone from the base of the building. Scott Rider, owner Scott said one of the comments we got back was to save the second level within the Victorian. Initially we did not desire to do that. By doing that required the stairs which also access the basement so they have to work together. The steps provide natural light for the downstairs living area. We have brought back the steps and we don’t feel they will be visible. We have left room in the bay window for the curtains. The roof is set back at least 40 feet from the Berko studio. The second story of their building also impacts the views and we aren’t complaining about that. We have supported their application from the beginning. Willis identified the issues: Relocation Setback variances 500 square foot bonus Dropping the resource 7 inches in the ground Stairs at the bay window Willis brought up a site design study especially when you are next door to an AspenModern project. Instead of an L shaped plan it could have been mirrored. The ground work on how to develop this property is not part of this presentation. The bonus is achievable and the setbacks are OK. The stair with the central stringer and floating treads that is pushed back two feet P310 X.a ASPEN HISTORIC PRESERVATION COMMISSION MINUTES OF MAY 13, 2015 4 from the glazing is fine. If the 7 inch drop eliminates the handrails I am all for that. Bob said the new rendering is no more of a problem then the addition to the Berko studio. The addition to the studio is more apparent than what this proposal is. Regarding the staircase I question HPC getting involved with certain aspects of the interior. I can accept the new proposal of the stair case. John said he is OK with the stairs and this is a good project. There is a little concern about restoration of the front façade because we do not know what it looked like. It wouldn’t be an exact restoration so I cannot approve all of the bonus. Everything else is well thought out. Gretchen said she liked the idea of rethinking the site plan. They did a good job by pushing the addition back and pulling the Victorian forward. The addition overwhelms the Victorian and the entire development overwhelms the AspenModern experience. If you are going to relocate the Victorian perhaps there is an opportunity to allow the AspenModern to have space around it. A site plan could have been studied in greater detail to enhance both properties. There is a lot of development going on the site and in terms of restoration I couldn’t support a 500 square foot bonus because you are putting in a basement under the entire property which is going to preclude the ability to screen the addition on any side. The addition needs scaled down some. Patrick said he like the mass and scale and the openness of the trellis and deck to the north of the connector. The pitched roofs separate from the AspenModern which has flat roofs. The project is well done. If there is a way to reduce the square footage to the addition I would be in favor of that. Sallie said she agrees with staff on their comments. At some point looking from the street at the Berko Studio you will see the back drop of whatever addition gets in the back I do like the mass and scale and how it is laid out. I agree with Nora on the staircase not being in the entryway. There is a standard that living rooms should look like living rooms when you walk by the street and you are taking that away. I do support the 500 square foot bonus. P311 X.a ASPEN HISTORIC PRESERVATION COMMISSION MINUTES OF MAY 13, 2015 5 Eric said this is a great presentation and the diagram is clear. The addition in the back of the Berko studio is also imposing. The Victorian is closer to its original position than the Berko studio. The stair location is OK. Amy pointed out that the Berko project is the first time we had someone reviewing different variations for the position of the studio which was appropriate for their very unique situation. We would not encourage an applicant to come in saying they can move it north/south east/west etc. We send the message that you have to stay as close to the original location as you can. Gretchen said given that this is a new program, perhaps the AspenModern needed more space and this house could move over. Amy said they are doing a nice job attaching lightly to the back of the house. MOTION: Sallie made the motion to approve resolution #16 as written by staff for conceptual approval and incorporation the 500 square foot bonus and restudy the staircase in the front and moving it; second by Patrick. Willis made the friendly amendment to add more separation between the resource and the western side yard and to look at the sideyard setback variance request. Sallie did not accept the friendly amendment. Roll call vote: Patrick, yes; Gretchen, no; John, no; Bob, yes; Sallie, yes; Eric, yes; Willis, no. Motion carried 4-3. MOTION: Willis moved to adjourn; second by Gretchen. All in favor, motion carried. Kathy Strickland, Chief Deputy Clerk P312 X.a ARCHITECTURE  |  INTERIORS  |  PLANNING   715  W  Main  Street  |  Suite  204  |  Aspen,  CO  81611  |  970.279.4157   Ms.  Amy  Simon        Re:    223  E  Hallam  Street   Senior  Planner,  City  of  Aspen      City  Council  Call  Up   130  S  Galena  Street,  3rd  Floor   Aspen,  CO  81611     June  12,  2015   Dear  Amy,                                     The  following  is  a  summary  of  our  efforts  to  renovate  223  E  Hallam  Street  in  an  exemplary  fashion.  We  have  worked   with  Staff  extensively  and  made  4  formal  submittals  (and  uncounted  informal  efforts)  with  changes  geared  to  win   Staff  approval:  January  2,  2015;  March  24,  2015;  May  6,  2015;  May  7,  2015.    We  have  reached  out  to  all  of  the   neighbors  and  worked  extensively  with  the  Berko  heirs  (as  the  two  buildings  were  formally  part  of  one  estate)  to   present  the  best  possible  historic  renovation  to  the  community.   This  project  earned  Staff  recommendation  and  HPC  approval  in  its  first  Conceptual  meeting.  We  are  proud  to  win   this  kind  of  support  and  believe  it  speaks  to  the  quality  and  thoroughness  of  our  proposal.  We  believe  this  is  a   demonstration  of  a  successful  collaborative  process  with  Staff  and  HPC  that  resulted  in  a  design  that  restores,  the   currently  non-­‐conforming  and  blighted  presence  of  the  resource  along  Hallam  Street,  and  it  provides  an  appropriate   and  functional  addition  that  doesn’t  compete  with  the  resource,  but  rather  compliments  it  in  style  and  location.  We   greatly  appreciate  staff’s  help  in  the  process.     NEIGHBORING  RESOURCE  -­‐  Berko  Aspen  Modern:  We  purchased  223  E  Hallam  Street  from  the  Berko  heirs   and  have  been  working  closely  with  the  family  (immediate  neighbors  to  the  west)  on  design  from  the  onset  with  the   goal  to  present  these  wonderful  resources  to  the  community  as  best  as  possible.    The  Berko/Mallory  Conceptual   plans  were  not  formally  approved  by  this  Council  until  after  our  Conceptual  plans  were  approved  by  HPC.       Facts  about  the  two  projects:  We  have  both  supported  each  other’s  relocation  plans  throughout   the  process.       Resource:  Victorian  -­‐223  Hallam  Studio  -­‐  211  Hallam   Owner  223  Hallam  by  Scott  Writer  Berko  Mallory’s   Lot  Size  6,000  sf  6,000  sf   Use  Single  Family  Duplex   FAR  –  Above  Grade  3,708.4  SF  ~4,100  SF   Relocation  9’-­‐1”  forward  50+’  from  back  SW  corner  to  front  NE  corner  of  lot   5’  Side  yard  set  back  Comply  2’  into  east  yard   Garage  size  2  car  4  cars  –  Two  Units   Relief    around  Resource  Large  front  yard,  no  front   yard  set  back  variance  and   “connector”  in  back,  not   visible  to  street.   No  front  yard,  and  the  plan  required  a  front  yard   set  back  variance  that  was  granted  and  a   “connector”  on  the  side  visible  to  street.   P313 X.a ARCHITECTURE  |  INTERIORS  |  PLANNING   715  W  Main  Street  |  Suite  204  |  Aspen,  CO  81611  |  970.279.4157     RELOCATION  OF  HISTORIC  RESOURCE    We  worked  with  staff  exhaustively  before  proposing  to  move  the  existing  home  9’-­‐1”  forward  on  the  lot.         The  issues  from  staff  on  moving  a  historic  resource,  and  our  answers,  are:   1) How  does  it  fit  in  with  the  other  historic  homes  on  the  block?  –  Answer:  there  are  no  other  existing   historic  homes  so  there  is  no  natural  location  for  the  façade.     2) Can  the  relocation  of  the  resource  help  to  create  a  more  prominent  location  on  the  lot?  –  Answer:  by   moving  this  home  9’-­‐1”  feet  to  the  front  it  gives  us  a  better  opportunity  to  separate  the  historic  asset  from   the  addition  and  allow  it  to  stand  “proud”  of  the  addition.   3) If  moving  the  asset  move  it  as  little  as  possible  and  generally  only  move  it  vertically  backwards  or  forwards   and  not  sideways  on  the  lot?  –  Answer:  after  establishing  that  it  was  appropriate/desirable  to  move  we   followed  staff  direction  on  this  issue  and  moved  it  forward  without  any  shift  from  side  to  side.   4) Would  a  relocation  of  the  resource  improve  the  separation  between  the  resource  and  the  addition?  –   Answer:  This  relocation  will  give  the  resource  not  only  a  better  presence  to  the  street  ,  it  also  allows  us   the  space  to  create  relief  between  the  resource  and  addition  by  both  an  appropriate  linking  element  and   the  room  to  pull  the  addional  back  behind  (towards  the  alley)  the  resource.  The  front  53’-­‐8”  of  the  lot  are   exclusively  historic  Victorian  and  a  front  yard  to  accent  it.     CONCLUSION:  From  both  a  micro  and  macro  level  moving  the  home  is  both  appropriate  and   beneficial  overall.     DEVELOPMENT  OF  ADDITION   In  order  to  receive  Staff  and  HPC  Approval,  we  have  made  many  significant  design  changes  to  our  original  plan   submitted  January  2,  2015.     Major  changes  in  plan  to  win  staff  and  HPC  support:   Condition  of  Staff  Approval:  Do  not  remove  interior  2nd  level  in  Victorian.  RESULTS  on  applicant:   • Caused  disruption  of  key  style  concept:  In  analyzing  the  project  our  first  goal  was  to  make  the   inside  of  the  historic  Victorian  as  important  as  the  outside.    Our  first  and  best  choice  to  do  this  was  to   remove  the  second  floor  in  the  resource  and  open  it  up  to  make  dramatic  high  ceilings  in  the  entry  living   and  dining  areas.  The  square  footage  removed  from  the  resource  would  go  into  the  addition.     • Required  stairs  to  be  added  to  entry  living  area:  Leaving  the  second  floor  also  made  for   challenges  to  access  that  level  with  stairs  that  don’t  disrupt  or  rob  us  of  key  living  square  footage.         Condition  of  Staff  Approval:  Reduce  the  size  of  the  linking  element  to  one  story,  RESULTS  on  applicant:   P314 X.a ARCHITECTURE  |  INTERIORS  |  PLANNING   715  W  Main  Street  |  Suite  204  |  Aspen,  CO  81611  |  970.279.4157   • Caused  a  change  in  stair  location.    With  the  linking  element  as  a  one-­‐story  element  there  is  no   ability  to  put  stairs  in  that  form,  the  most  logical  and  convenient  location  for  the  design.   • Requires  redundant  stairs.  We  now  have  two  sets  of  stairs  (instead  of  one)  to  access  the  2nd  level  of   both  the  resource  and  new  addition.   Condition  of  Staff  Approval:  Relocate  a  portion  of  the  area  of  the  upper  level  that  was  visible  from  Hallam  Street  to   directly  behind  the  resource,  concealing  it  more  appropriately  from  the  Hallam  RESULTS  on  applicant:   • Pushed  the  new  addition  back  in  the  lot  and  west  “behind”  the  historic  resource.     • Reduced  living  area  in  family  kitchen  area  on  the  main  floor.   • S hifted  the  2nd  floor  West  towards  the  Berkos.    The  roof  form  moved  approximately  10’  over  to   the  west  (still  within  the  minimum  side  yard  setback).     • Lost  of  wonderful  sunny  deck  on  the  SW  corner.     • Lost  of  deck  on  front  of  addition  facing  Hallam.   • Lost  of  space  for  a  separate  office  upstairs.   • Significant  loss  of  area  for  on  grade  south  facing  patio  off  kitchen.     Additional  changes  in  plan  to  win  staff  and  HPC  support:   • Agreed  to  restudy  interior  element:  stair  location  accessing  saved  2nd  level  in  the  Victorian.   • Adjusted  roof  pitches  to  be  more  complimentary  to  the  historic  resource.   • Relocated  some  of  the  mass  of  the  addition  to  the  rear  of  the  resource  per  suggestions  from  staff  resulted   in  the  extension  of  the  addition  past  the  Rear  Yard  Setback,  but  still  respecting  the  5’  Rear  Yard  setback  for   Secondary  Structures.   •  Removed  all  non-­‐historic  additions  to  the  resource,  which  extend  beyond  current  setbacks.     • Restored  the  original  porches.      We  fully  support  the  requirement  by  staff  that  during  the  demolition  of  the   additions,  we  investigate  what  is  remaining  of  the  historic  structure  and  use  those  findings  as  a  basis  for   the  restoration  of  the  porches.   • Lowered  the  resource  enough  to  prevent  requirement  for  non-­‐historic  railing  to  front  and  back  porches.     The  result  of  these  collaborative  re-­‐designs  is  what  we,  staff,  and  HPC  consider  the  exemplary   restoration  of  the  Historic  Victorian  resource  on  the  lot  and  a  beautiful  addition  that  is   complimentary  to,  not  competitive  with,  the  r esource.    Please  contact  us  with  any  comments  or   questions  regarding  our  considerations  of  the  process  and  proposal  described  above  for  the  City  Council  Call  Up  on   June  22,  2015.     Sincerely,     Steev  Wilson,  AIA      Scott  Writer   Principal        Owner  &  Applicant     P315 X.a 1 Memorandum TO: Mayor and Members of Council FROM: James R. True, City Attorney and Deborah Quinn, Assistant City Attorney DATE: July 6, 2015 RE: Annexation of 705 West Hopkins Avenue Property ══════════════════════════════════════════════════════════════════ Attached for your consideration is a resolution which, if adopted, would initiate annexation proceedings for what is known as the 705 West Hopkins Annexation. The Petitioners, Starford Investments LLC, Shadow Mountain Corporation and Westchester Investments, Inc., signed and filed an annexation petition with the City Clerk on June 26, 2015, followed by an Amended Petition filed July 6, 2015 (hereinafter collectively referred to as the “Petition”). The 705 West Hopkins Avenue property includes three parcels: Parcel 1: Lot 1, Amended and Restated Mary B Subdivision (100% owned by Starford Investments LLC); Parcel 2: Lot 2, Amended and Restated Mary B Subdivision (100% owned by Shadow Mountain Corporation); and Parcel 3: a portion, consisting of approximately 3.35 acres, of the “Adjusted” Gramiger Parcel (100% owned by Westchester Investments, Inc.); all as more fully described in the Petition, a copy of which is attached. The property to be annexed is currently within the jurisdiction of Pitkin County. Annexation would allow the above described property, approximately 6.609 acres, to be within the City’s jurisdiction. The Petitioner has had preliminary discussions with Community Development and has submitted an informational package with the Petition summarizing what the zoning and land use requests will be. A copy of this package is also attached. Since annexation is a multistep process, we thought that it would be prudent to briefly outline the process. The proposed Resolution No. 71 is the first step in the annexation process. This step involves a determination of Council as to whether the petition for annexation is in substantial compliance with the requirements set forth in C.R.S. §31-12-107(1)(c) and (d). Subsection (c) requires the petition to state the following: P316 X.b 2 (I) An allegation that it is desirable and necessary that such area be annexed to the municipality; (II) An allegation that the requirements of sections 31-12-104 and 31-12-105 exist or have been met; (III) An allegation that the signers of the petition comprise more than fifty percent of the landowners in the area and own more than fifty percent of the area proposed to be annexed, excluding public streets and alleys and any land owned by the annexing municipality; (IV) A request that the annexing municipality approve the annexation of the area proposed to be annexed; (V) The signatures of such landowners; (VI) The mailing address of each such signer; (VII) The legal description of the land owned by such signer; (VIII) The date of signing of each signature; and (IX) The affidavit of each circulator of such petition, whether consisting of one or more sheets, that each signature therein is the signature of the person whose name it purports to be. Subsection (d) requires the petition to be accompanied by an annexation map, containing the following: (I) A written legal description of the boundaries of the area proposed to be annexed; (II) A map showing the boundary of the area proposed to be annexed; (III) Within the annexation boundary map, a showing of the location of each ownership tract in unplatted land and, if part or all of the area is platted, the boundaries and the plat numbers of plots or of lots and blocks; (IV) Next to the boundary of the area proposed to be annexed, a drawing of the contiguous boundary of the annexing municipality and the contiguous boundary of any other municipality abutting the area proposed to be annexed. Pursuant to C.R.S. §31-12-107(g) if the petition is found to be in substantial compliance with the requirements set forth above, then the procedures set forth in §§31-12-108 through 110 shall be followed. Otherwise, no further action shall be taken. This office, the Engineering Department and the Community Development Department have determined that the Petition substantially complies with the technical requirements for a petition and annexation maps pursuant to state annexation laws. According to state law, the next step in the annexation process is for Council to conduct a public hearing to determine if the annexation complies with C.R.S. §§31-12-104 and 31-12-105. The date of the hearing may be set in the resolution finding substantial compliance of the annexation petition and shall be no less than 30 days nor more than 60 days after the effective date of the resolution setting the date for the public hearing. The attached resolution sets the date for the public hearing on August 24, 2015, which assuming the resolution is passed on July 13, 2015, is the only regular council meeting that falls within that time frame. P317 X.b 3 C.R.S. §31-12-104 requires: (a) That not less than one-sixth of the perimeter of the area to be annexed is contiguous with the annexing municipality. ... and (b) That a community of interest exists between the area proposed to be annexed and the annexing municipality; that said area is urban or will be urbanized in the near future; and that said area is integrated with or is capable of being integrated with the annexing municipality. ... C.R.S. §31-12-105 sets forth certain limitations upon annexations. None of the limitations in the statute currently appear to disqualify this annexation (limitations on dividing land held in identical ownership without owner’s consent, commencement of annexation proceedings for annexation to other municipalities, detachment of area from a school district, prohibition against extending city limits beyond three miles in a single year, requirement of a plan for area to be annexed within the three miles, and requirement that entire widths of streets be made a part of the annexed area). Nevertheless, a hearing must be scheduled so Council can make those specific findings. At the public hearing evidence from the staff and the public may be presented addressing the substance of these provisions. The action of Council will be by resolution. If it is determine that the application does not comply with the requirements of these provisions, then the annexation process stops. If, however, Council finds that the application complies with these provisions then the Council may annex the area proposed. Such annexation must be by ordinance. If the Council adopts an ordinance of annexation, underlying zoning must be established within ninety (90) days after the effective date of the annexation. The process may be instituted any time after the petition has been found to be valid, per state law. The attached resolution includes a section authorizing the City Manager to initiate the process. Adoption of the attached resolution will cause staff to continue working on the above described steps and provide notice of the required hearing. It is currently anticipated that a land use application will be made and will work its way through the land use process, conditioned throughout upon finalizing the annexation. A pre-annexation agreement is also contemplated. As noted above, eventually, two ordinances will be presented to Council, the first to formally annex the area into the City and, the second, no later than within ninety days of the effective date of the first, to give the property its initial zoning in the City. REQUESTED ACTION: A motion to adopt Resolution No. 71, Series of 2015. P318 X.b 1 RESOLUTION NO. 71 (Series of 2015) A RESOLUTION OF THE CITY COUNCIL OF ASPEN, COLORADO, RELATIVE TO THE PETITION FOR ANNEXATION OF TERRITORY TO THE CITY OF ASPEN, COMMONLY KNOWN AS THE "705 WEST HOPKINS AVENUE ANNEXATION;" FINDING SUBSTANTIAL COMPLIANCE WITH SECTION 31-12-107(1), C.R.S.; ESTABLISHING A DATE, TIME, AND PLACE FOR A PUBLIC HEARING TO DETERMINE COMPLIANCE WITH SECTIONS 31-12-104 AND 31-12-105, C.R.S.; AUTHORIZING PUBLICATION OF NOTICE OF SAID HEARING; AND AUTHORIZING THE INSTITUTION OF ZONING PROCEDURES FOR LAND IN THE AREA PROPOSED TO BE ANNEXED. WHEREAS, on June 26, 2015, Eduardo L. Hernandez, on behalf of Starford Investments LLC, Shadow Mountain Corporation, and Westchester Investments, Inc., the owners of the property proposed to be annexed, (“Petitioners”), did file with the City Clerk of the City of Aspen a Petition for Annexation of territory to the City of Aspen, whereby real property described in Exhibit "A" appended to the Petition for Annexation, is being petitioned for annexation to the City of Aspen; and WHEREAS, on July 6, 2015, Eduardo L. Hernandez, on behalf of Petitioners, did file with the City Clerk of the City of Aspen an Amended Petition for Annexation of territory to the City of Aspen (The Petition and the Amended Petition are hereinafter collectively referred to as the “Petition”); and WHEREAS, the City Clerk of the City of Aspen has referred the aforesaid Petition as a communication to the City Council for appropriate action to determine if the Petition is substantially in compliance with Section 31-12-107, C.R.S.; and WHEREAS, the Petition, including accompanying copies of an annexation map, has been reviewed by the City Attorney's Office and the City Engineer and found by them to substantially comply with the technical submission requirements set forth in paragraphs (c) and (d) of subsection (1) of Section 31-12-107, C.R.S., as set forth in the staff memorandum dated July 6, 2015; and P319 X.b 2 WHEREAS, Westchester Development, Inc., owner of Parcel 3 as described in Exhibit A of the Petition, has consented in writing to the division of Westchester’s property by the proposed boundary for the annexation, as required by C.R.S. §31-12-105(1)(a); and WHEREAS, the Petitioners own one hundred percent (100%) of the affected property and have signed the Petition; and WHEREAS, C.R.S. §31-12-107(1)(g) mandates that the City of Aspen initiate annexation proceedings in accordance with §§31-12-108 to 31-12-110, C.R.S., whenever a petition is filed and found to be in substantial compliance with subsection 31-12-107(1); and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1 That the Petition for Annexation of territory to the City of Aspen is hereby found and determined to be in substantial compliance with the provisions of subsection (1) of C.R.S. §31-12- 107. Section 2 That the City Council hereby determines that it shall hold a public hearing to determine if the proposed annexation complies with C.R.S. §§31-12-104 and 31-12-105, and to establish whether or not said area is eligible for annexation pursuant to Colorado’s Municipal Annexation Act of 1965, C.R.S. §§31-12-101 et seq., as amended; said hearing to be held at a regular meeting of the City Council of the City of Aspen at 5:00 o'clock p.m. on the 24th day of August, 2015 in Council Chambers at City Hall, 130 S. Galena, Aspen, Colorado 81611. P320 X.b 3 Section 3 That the City Clerk shall give public notice as follows: A copy of this resolution shall constitute notice that, on the given date and at the given time and place set by the City Council, the City Council shall hold a hearing of the City of Aspen for the purpose of determining and finding whether the area proposed to be annexed meets the applicable requirements of §§31-12-104 and 31- 12-105, C.R.S., and is considered eligible for annexation. Said notice shall be published once a week for four consecutive weeks in a newspaper of general circulation in the area proposed to be annexed. The first publication of such notice shall be at least thirty days prior to the date of the hearing. The proof of publication of the resolution shall be returned when the publication is completed, and the certificate of the owner, editor, or manager of the newspaper in which said notice is published shall be proof thereof. A copy of the resolution and petition as filed, shall also be sent by registered mail by the clerk to the Pitkin County Board of County Commissioners and to the County Attorney of Pitkin County and to the Aspen School District at least twenty days prior to the date fixed for such hearing. Section 4 That pursuant to Section §31-12-115, C.R.S., the City Manager is hereby directed to initiate appropriate zoning procedures with regard to the territory proposed to be annexed. INTRODUCED, READ AND ADOPTED by the City Council of the City of Aspen on the 13th day of July, 2015. __________________________ Steven Skadron, Mayor P321 X.b 4 I, Linda Manning, duly appointed and acting City Clerk, do certify that the foregoing is a true and accurate copy of that resolution adopted by the City Council of the City of Aspen, Colorado, at a meeting held on the day hereinabove stated. __________________________ Linda Manning, City Clerk P322 X.b P323 X.b P324 X.b P325 X.b P326 X.b P327 X.b P328 X.b P329 X.b P330 X.b P331 X.b P332 X.b P333 X.b P334 X.b P335 X.b P336 X.b P337 X.b P338 X.b P339 X.b P340 X.b P341 X.b P342 X.b P343 X.b P344 X.b P345 X.b P346 X.b P347 X.b P348 X.b P349 X.b P350 X.b P351 X.b P352 X.b P353 X.b P354 X.b P355 X.b P356 X.b P357 X.b P358 X.b P359 X.b P360 X.b P361 X.b P362 X.b P363 X.b P364 X.b