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Home My WebLink Aboutcoa.lu.su.Park Dale.4A5A.A00203 ri r1 Plq\- \\~~cB R cCef ~ 4CO&YJ ~9J b,~(J~, S/(p h~'~WJ ~ecovd",~ \<,erup~ "t'b LoCV?51 ------ H ..,.../ ~'\ n DEVELOPMENT ORDER of the City of Aspen Community Development Department This Development Order, hereinafter "Order", is hereby issued pursuant to Section 26,304,070, "Development Orders", and Section 26.308,010, "Vested Property Rights", of the City of Aspen Municipal Code, This Order allows development of a site specific development plan pursuant to the provisions of the land use approvals, described herein, The effective date of this Order shall also be the initiation date of a three-year vested property right. The vested property right shall expire on the day after the third anniversary of the effective date of this Order, unless a building permit is approved pursuant to Section 26,304,075, or unless an exemption, extension, reinstatement, or a revocation is issued by City Council pursuant to Section 26,308,010, After Expiration of vested property rights, this Order shall remain in full force and effect, excluding any growth management allotments granted pursuant to Section 26,470, but shall be subject to any amendments to the Land Use Code adopted since the effective date of this Order. This Development Order is associated with the property noted below for the site specific development plan as described below, Coast Pacific Asset Management rnc, 3535 E, Coast Hwy #307, Corona Del Mar, CA 92625 Property Owner's Name, Mailing Address and telephone number Lots 1-3, Park-Dale Subdivision, Citv of Aspen Legal Description and Street Address of Subject Property Subdivision Approval to reconfigure two (2) lots into three (3) lots Written Description of the Site Specific Plan and/or Attachment Describing Plan Citv Council Ordinance No, 20, Series of2003, 4/28/03 Land Use Approval(s) Received and Dates (Attach Final Ordinances or Resolutions) May 10,2003 Effective Date of Development Order (Same as date of publication of notice of approval.) Mav 11,2006 Expiration Date of Development Order (The extension, reinstatement, exemption from expiration and revocation may be pursued in accordance with Section 26.308,0] 0 of the City of Aspen Municipal Code.) Issued this 10th day of May, 2003, by the City of Aspen Community Dev pment Director. ~ n Woods, Community Development Director / r; 111111111111111111111 2~:;I ~9:36A SILVII=I DAVIS PITKIN COUNTY CO R 36.00 D 0,00 / SUBDIVISION IMPROVEMENTS AGREEMENT FOR THE PARK-DALE SUBDIVISION THIS AGREEMENT is made this 1:b day of COAST PACIFIC ASSET MANAGEMENT, INC" a California c THE CITY OF ASPEN, a municipal corporation (the "City"), , 2003, between oration (the "Owner"), and RECITALS: WHEREAS, Owner owns that certain real property (the "Property") known as Lots 4-A and 5-A, Independence No, 2 Subdivision Plat, located at 215 Park Avenue and 1180 Dale Avenue, respectively, in the City of Aspen, County of Pitkin, legally described as: Lots 4-A and 5-A, Independence No, 2 Subdivision Plat for Replat of Lots 4, 5 & 6 Independence Subdivision, City of Aspen, County of Pitkin, State of Colorado; and, WHEREAS, the Property has been re-subdivided into three (3) lots to be known as Lots I, 2 and 3, Park-Dale Subdivision for residential development where such development, hereinafter referred to as the "Project", includes: · Lot I, at the southwest comer of East Hopkins Avenue and Park Avenue, contains approximately 6,000,65 square feet for development of a single-family residence and customary accessory uses; · Lot 2 fronts on Park Avenue and contains approximately 6,921.78 square feet for development of a single-family residence and customary accessory uses; and, · Lot 3, at the northwest comer of Park Avenue and Dale Avenue, contains approximately 9,000,02 square feet for development of either one (I) single- family residence, one (I) duplex, or two (2) detached single-family residences, and customary accessory uses, WHEREAS, pursuant to Ordinance No, 20, Series of2003 ("Ordinance"), the City Council granted Subdivision approval for the Project; and, WHEREAS, the City and the Owner wish to enter into a Subdivision Improvements Agreement (hereinafter "SIA") for the Project; and, WHEREAS, Owner has submitted to the City for approval, execution and recordation, a final plat for the Project (the "Plat") and the City agrees to approve, execute and record the Plat at Owner's expense, subject to the provisions of the Municipal Code of the City of Aspen (the "Code"), the Ordinance, and other applicable rules and regulations; and, WHEREAS, OWner is willing to enter into such SIA with the City and to provide assurances to the City subject to the terms and provisions set forth below, NOW, THEREFORE, in consideration of the mutual covenants contained herein, and the approval, execution and acceptance ofthe Plat for recordation by the City, it is agreed as follows: t, ~ 1"""\ 1111111I11111111 iMIlll ~~7~~:;I ~9: 36A SI!_VII=! DAVIS PITKIN COUNTY CO R 36.00 0 0.00 ---~. Park-Dale S.LA, Page 2 of7 1. Description ofProiect. Refer to the second "Whereas" statement, above, 2, Dimensional Requirements, As set forth in Condition 8, Section 1 of the Ordinance, unless variances are duly obtained, the residences to be developed on the lots shall meet the R-6 Zone District's dimensional requirements and comply with the City of Aspen residential design standards, If the residence on Lot 1 is remodeled in accordance with the Aspen Land Use Code definition of "remodel," the existing setback nonconformities may be maintained but not expanded, lfthe zoning designation ofthe Property is amended by the City Council, development of the Property shall be subject to the dimensional requirements of the then applicable zone district. 3, Acceptance of Plat. Upon execution ofthis Agreement by the parties hereto, the City agrees to approve and execute the Final Plat for the Project submitted herewith, which conforms to the plat requirements ofthe Code and the Ordinance, The City agrees to accept such Plat for recording in the office of the Pitkin County Clerk and Recorder upon Owner's payment of the recordation fee, 4, Development Requirements, The following development requirements will be satisfied by Owner pursuant to Ordinance No, 20, Series of2003, a, Building Permit Plan Requirements, In addition to standard requirements, building permit applications for any lot in the Project shall include: 1. A copy of Ordinance No, 20, Series of2003, a copy of this SIA, a copy of the Final Plat, a copy of the Park-Dale Subdivision GMQS Exemptions approval signed by the Community Development Director and dated January 30, 2003, and a copy of the Right-Of-Way Improvements Agreement recorded as Reception No, 485661, 2, All conditions of approval from the Ordinance printed on the cover page of the building permit plan set. 3, A completed tap permit for service with the Aspen Consolidated Sanitation District, 4, A tree removal permit, as required by the City Parks Department, and approval from the Parks Director for off-site replacement or mitigation of any removed trees, 5, A drainage plan, including an erosion control plan, prepared by a Colorado licensed Civil Engineer; said plan must provide for maintaining sediment and debris on-site during and after construction, If a ground recharge system is required, a soil percolation report will be required to correctly size the facility, A 2-year storm frequency should be used in designing any drainage improvements, 6, A signed letter from the primary contractor to the Director ofthe Community Development Department stating that the conditions of approval have been read and understood, 7, Prior to issuance of a building permit for each residence within the Project, Owner shall pay a proportionate amount of all applicable impact fees (park Development Impact and cash-in-lieu of School Land Dedication), as well as all applicable tap fees and building permit fees, If an alternative agreement to delay payment of Water Tap and/or Parks Impact fees is finalized, those fees shall be payable according to the agreement. Park-Dale S,I.A. Page 3 of7 I""') 11111111111111111111111;;11 ~~~~~:;I ~9: 36A SJLVIf:l DAVIS PITKIN COUNTY CO R 36.00 0 0.00 b, Wastewater and Surface Drainage, Owner shall comply with Aspen Consolidated Sanitation District (ACSD) rules and regulations, No clear water connections (roof, foundation, perimeter drains) to ACSD lines shall be allowed, All improvements below grade shall require the use of a pumping station, Prior to issuance of a building permit for Lot 3 and at Owner's expense, Owner shall relocate the existing sewer line that runs under Lot 3 along Dale Avenue back into the Dale Avenue right-of-way; the sewer line shall be relocated in a manner that provides and maintains at least a ten (10) foot separation distance between water and sewer lines, c, Water Service, Owner shall comply with the City of Aspen Water System Standards, with Title 25, and with applicable standards of Title 8 (Water Conservation and Plumbing Advisory Code) of the Aspen Municipal Code, as required by the City of Aspen Water Department. d, Fire Protection, In any residence that contains more than 5,000 gross square feet of floor area, Owner shall install a fire sprinkler system that meets the requirements of the Fire Marshal. e, Future Improvement District(s), Owner agrees to join any future improvement district(s) formed for the purpose of constructing City-approved improvements to the adjoining/surrounding rights-of-way which benefit the property under a fair share assessment formula, Prior to the issuance of a Certificate of Occupancy for any part of the Project, Owner agrees to sign a sidewalk, curb and gutter construction agreement and pay any applicable recording fees associated therewith, Unless amended, the terms and provisions of the Right-Of-Way Improvements Agreement entered into between Owner and the City shall supercede any conflicting terms or provisions of such a sidewalk, curb and gutter construction agreement. f, Encroachments and Work in the Public Rights OfWav, To the extent any exist, Owner shall either remove any encroachments into the public rights-of-way or be subj ect to current encroachment license requirements, as required by the City of Aspen Engineering Department. For proposed work in public rights-of-way, with the exception of any work contemplated in the executed Right-Of-Way Improvements Agreement between Owner and the City, Owner must receive approval from: · The City Engineer for design of improvements, including landscaping; · The Parks Department for vegetation species, tree removal, and/or public trail disturbances; · The Streets Department for mailboxes and street cuts; and · The Community Development Department to obtain permits for any work or development, including landscaping, within the public rights-of-way, g, Exterior Lighting and Streetlights, Any and all outdoor lighting shall comply with the applicable portions of Section 26.575,150, Outdoor Lighting, of the Aspen Land Use Park-Dale S,I.A, Page 4 of7 ~11111I11111I1II111I1117~~:;I ~9: 36~ SILVIO oOVIS PITKIN COUNTY CD R 36,00 0 0,00 'm__..___.._, ,___..../ Code, Owner shall install an underground outlet and streetlight circuit from the transformer located adjacent to Park Avenue and East Hopkins Avenue when the overhead utility lines are placed underground, If any existing street lights are disturbed or damaged during construction, they shall be repaired or replaced in kind, as required, in alignment with the other street lights along the subject street. h, Construction Schedules and Noise, Construction is prohibited on Sundays and between the hours of7:00 p,m, and 7:00 a,m, on all other days, All noise ordinances shall be abided by, I. Dale Avenue Landscaping and Pavement Protection, Owner shall provide for and install improvements to ensure stabilization of the northerly edge of the Dale Avenue pavement along the Lot 3 frontage, and the design of such improvements shall be subject to approval by the City Engineer. Any trees planted on Lot 3 and adjacent to the Dale A venue right-of-way will be located such that the drip lines remain two (2) feet back from the southerly property line/northerly edge of pavement. Owner shall install root barriers on the Lot 3 property along Dale A venue right-of-way as necessary to eliminate the cause of pavement uplifting and prevent root growth under the street pavement. The City of Aspen and the Streets Department will be held harmless and are not responsible for damages or losses to landscaping installed by the applicant on Lot 3 alongside the Dale Avenue right-of-way; Owner understands that such damages or losses may result from routine road maintenance and plowing activities, J, Tree Protection, Tree saving construction fences shall be installed around the drip line of any trees to be preserved, The City Forester or his/her designee must inspect such fencing before any construction activities commence, No excavation, storage of construction equipment, construction backfill, foot or vehicular traffic shall be allowed within the fenced drip lines, k. Drivewavs and Access, To the extent that two (2) dwelling units are constructed on Lot 3, the two (2) units may have separate driveways such that one (I) driveway enters off Park Avenue and one (I) driveway enters of Dale Avenue, A circular driveway connecting with both Park Avenue and Dale Avenue shall be prohibited, If the three (3) lots include two (2) driveways from Park Avenue, these driveway entrances shall be at least thirty (30) feet apart, or as may be otherwise approved by the City Engineer, 5, Affordable Housing, Owner and the Project are released from the employee housing restrictions set forth in the Agreement recorded in the office ofthe Pitkin County Clerk and Recorder at Book 387, Pages 452-455; said Agreement is considered null and void for all intents and purposes and is of no force or effect in regard to the Property or the Project. 6, Colorado Common Interest Ownership Act (CCIOA), As soon as construction of the Project allows, Owner anticipates submitting Lot 3 to a plan for condominiumization created pursuant to Colorado Common Interest Ownership Act (CCIOA), The City agrees to process for approval and for recordation a condominium map prepared in accordance with the Code and CCIOA. Park-Dale S,I.A, Page 5 of7 ~ ~ ~ ~II III II m ~I d :~~~~J ;,~" SILVIA DAVIS PITKIN COUNTY CO R 36,00 D 0,00 ---.. ._-_._~_._,. ------~.~.._-~ 7, Recordation, Pursuant to Section 27.480,070(E) of the Aspen Land Use Code, once fully executed, this SIA and the Final Plat shall be recorded in the office of the Pitkin County Clerk and Recorder, Failure on the part of the Owner to record the plat within one-hundred eighty (180) days following final land use approvals shall render the plat invalid and reconsideration and approval of the plat by the Planning and Zoning Commission and City Council will be required before its acceptance and recording, unless an extension or waiver is granted by the City for a showing of good cause, The plat shall also be submitted in a digital format acceptable to the Community Development Department, for incorporation into the City/County GIS system, The one-hundred eighty (180) day recordation requirement contained herein shall not apply to the recording of condominium maps, or declarations or any other documents required to be recorded to accomplish a condominiumization in the City of Aspen, 8, Financial Securitv for Public Improvements, In order to secure the performance of the construction and installation of improvements in the public right-of-way, including landscaping, the Owner shall provide the City with a financial security for the proposed improvements, The financial security shall take the form of a letter of credit, cash or other guarantees in a form satisfactory to the City Attorney and shall be submitted to the City prior to the initiation of construction or the issuance of any building permits, As part of this SIA, the Owner shall provide a detailed cost estimate of the improvements for approval by the City, The amount of the required financial security shall be 110% of the estimated cost of the improvements, The guarantee documents shall give the City the unconditional right, upon clear and unequivocal default by the Owner in its obligations to complete the public improvements, to withdraw funds against such security sufficient to complete and pay for installation for such public improvements, or to withdraw funds against such security sufficient to complete and pay for installation for such public improvements, Ifthe improvements have not been completed to the satisfaction of the City within one year of the cost estimate, City may require the Owner to adjust the amount ofthe financial security for local increases in construction costs, As portions of the improvements are completed, the City shall inspect them, and upon approval and acceptance, shall authorize the release of the agreed estimated costs for that portion of the improvements, except that 1 0% of the estimated costs of the improvements shall be withheld for the benefit of the City until (i) all of the improvements have been inspected and accepted by the City, (ii) a two-year maintenance bond has been provided by the Contractor, and (iii) as-builts have been provided (if required), Separate financial securities and maintenance bonds are required for civil R.O,W, improvements (i,e, pipelines, sidewalks, and curbs) and landscaping R.O,W, improvements, The financial securities required pursuant to this SIA are separate from and exclusive of any right-of-way improvements required pursuant to the separately executed and recorded Right- Of-Way Improvements Agreement entered into between the City of Aspen and the Owner for relocation of the Dale Avenue pavement. Park-Dale S,I.A. Page 60f7 r"'\ , i (') , 1111111I11111111 111111 :~7~~:;~ ~9: 36A SILVIA DAVIS PITKIN COUNTY CO R 36,00 D 0,00 m...m.~.___...._...,_.____.~.___._~,~ .._..___~_.._.._.~__~.___..__/ 9, Notices, Notices to the parties shall be sent by United States certified mail to the addresses set forth below or to any other address which the parties may substitute in writing, To Owner: Coast Pacific Asset Management, Inc, c/o Bill Boehringer, Principal 3535 East Coast Highway, #307 Corona Del Mar, CA 92625 With Copv To: Shane Harvey, Esq, c/o Holland & Hart, LLP 600 East Main Street Aspen, CO 81611 To Citv of Aspen: City Manager 130 South Galena Street Aspen, CO 81611 With Copv To: City Attorney 130 South Galena Street Aspen, CO 81611 10, Binding Effect. The provisions of this Agreement shall run with and constitute a burden on the land on which the Project is located and shall be binding on and inure to the benefit ofthe Owner's and the City's successors, personal representatives and assigns, 11, Amendment, The Agreement may be altered or amended only by written instrument executed by the parties, 12, Severabilitv, If any of the provisions of this Agreement are determined to be invalid, it shall not affect the remaining provisions hereof, ATTEST: THE CITY OF ASPEN, a municipal corporation APPROVED AS TO FORM: A/~~~~ Jt(r//Za;;3 "-J01M Worester, CIty Attorney f"". 1111111I1111111I; 1111 ~~~~~:;I ~9: 36A SI=-V~_~___~~VI~_~~TKIN COUN~Y co _~__.._~._.:~0 D 0.00 ___/ Park-Dale S,I.A, Page 7 of7 OWNER: COAST PACIFIC ASSET MANAGEMENT, INC, STATE OF COLORADO STATE OF CALIFORNIA ) )ss, COUNTY OF LOS ANGELES ) The foregoing instrument was acknowledged before me this ;)~ day of 301 ~ 2003, by William Boehringer, as PresiasHt of COllEt Paei:fis .^.SE€t H:magemeBt, mc, Witness my hand and official seal. My commission expires: ~----~ . P~~5~~';~~~~~~'l1 r .. Commi5sion # 123eero z ~ Notary Public. Calitomia ~ Z Los Angeles Coun1y - My Comm, Expires JuI 31. 2003 c:\My Documents\City Applications\Park-Dale SIA \ ' Dr-, /' 1) jlic};;vJD.iIll? ~I L Vte~<;::,~. 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PQr(!c;",'j ~ Sfv02f- n3~f~~GLJ7 '. ,~lllm 1III'nllllllll~~~~~;~ ;1:51A SILVIA DAVIS PITKIN COUNTY CO R 21.00 D 0,00 ORDINANCE No. 2(f (SERIES Of 2003) AN ORDINANCE OF THE ASPEN CITY COlJNCIL APPR.OVlNG THE SUBDIVISION OF LOTS 4A AND SA, OF THEINI>EPENDENCE NO.2 SUBDIVISION TO CREATE LOTS 1, 2, AND 3, OFTHE PARK-DALE SUBDIVISION, CITY OF ASPEN, PITKIN COUNTY, COLORADO. Parcel In: 2737-181-33-051 Parcel In: 2737-181-33-052 WHEREAS, the Community Development Department received an application from Coast Pacific Asset Management, Inc, represented by Mitch Haas, requesting to subdivide Lots 4A and SA, of the Independence No, 2 Subdivision to create Lots 1,2, and 3, of the Park-Dale Subdivision; and, WHEREAS, the subject properties are zoned R-6 (Medium-Density Residential); and, WHEREAS, the proposed lots are to contain 6,000 square feet (Lot 1),6,921 square feet (Lot 2), and 9,000 square feet (Lot 3) respectively; and, WHEREAS, upon review of the application, and the applicable code standards, the Community Development Department recommended approval, with conditions, of the proposed subdivision; and, WHEREAS, the Fire Marshal, Aspen Consolidated Sanitation District, the City Water Department, the City Engineering Department, and the City Parks Department have reviewed the application and provided referral comments; and, WHEREAS, during a duly noticed public hearing on March 18, 2003, the Planning and Zoning Commission approved by a five to one (5-1) vote, a resolution recommending that City Council approve the proposed Subdivision with conditions; and, WHEREAS,. the Aspen 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, the Planning and Zoning Commission, and has taken and considered public comment at a public hearing; and, . WHEREAS, the City Council finds that the development proposal meets or exceeds all applicable development-standards and that the approval of the development proposal, with conditions, is consistent with the goals and elements ofthe Aspen Area Community Plan; and, 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 ASPEN CITY COUNCIL AS FOLLOWS: '" f""lJ "".,..'.<, ,..., ...".,. .i,'. < . ..., .... ... "'M692 1111111111111111 1111111111 ~;~~~/~0~~; 1 :51A SILVIA DAVIS PITKIN COUNTY CO R 21.00 00,00 Section 1 Pursuant to the procedures and standards set forth in Section 26.480 ofthe City of Aspen Land Use Code, the application to subdivide Lots 4A and 5A, of the Independence No, 2 Subdivision to create Lots 1,2, and 3, of the Park Dale Subdivision is hereby approved with the following conditions: 1, The applicant shall record a subdivision plat and agreement that meets the requirements of Land Use Code Section 26.480 within 180 days of approval. 2, The City of Aspen and the Streets Department shall be held harmless and shall not be responsible for damages or .losses to landscaping installed by the applicant on Lot 3 alongside the Dale Avenue right-of-way; it is understood by the applicant that such damages or losses may result from routine road maintenance and plowing activities, 3, The applicant shall sign a sidewalk, curb, and gutter agreement to install future City approved sidewalk, curb, and gutter on the adjoining/surrounding right-of-ways prior to building permit issuance for any lot within the subdivision, 4, The applicant shall relocate the existing sewer line that' runs under the proposed Lot 3 along Dale Avenue back into the Dale Avenue Right-of-Way at the applicant's expense prior to issuance of a building permit on Lot 3 of the subdivision, The sewer line shall be relocated in a manner that allows for a ten (10) foot separation distl!llce to be maintained between the water and sewer lines, 5, The applicant shall install a fire sprinkler system that meets the requirements of the Fire Marshal in any of the proposed residences that exceed a gross floor area of 5,000 square feet. 6, The applicant shall comply with the City of Aspen Water System Standards, with Title 25, and with the applica1:Jle standards of Title 8 (Water Conservation and Plumbing Advisory Code) of the Aspen Municipal Code, as required by the City of Aspen Water Department. 7, The applicant shall comply with the Aspen Consolidated Sanitation District's rules and regulations, No clear water connections (roof, foundation, perimeter drains) to ACSD lines shall.be allowed, All improvements below grade shall require the use of a pumping station, 8, The residences to be developed on the newly created lots shall meet the R-6 Zone District's dimensional requirements and comply with the residential design standards or obtain a variance therefrom, If the residence on Lot 1 is remodeled pursuant to the definition of a remodel in the City Land Use Code, \ the exiting setback non-conformities may be maintained but not expanded, 1\"1\\ "III "1111 \\\\1\ 11I\ \\\\ 111\"1 11\ "III 11\\ I"~;~~~;~~~ il: 5lA SILVIA DAVIS PITKIN COUNTY CO R 21.00 D 0,00 9, The applicant shall pay a proportionate amount of all applicable impact (Park Development Impact and School Land Dedication) fees prior to issuance of a building permit for each residence within the subdivision, 10, The applicant shall install an underground outlet and streetlight circuit from the transformer located adjacent to Park Avenue and E, Hopkins Avenue when the overhead utility lines are placed underground, 11, The two (2) units to be constructed on Lot 3 may have one driveway that enters off of Park Avenue and one driveway that enters off of Dale Avenue, A circular driveway that connects the driveways to be accessed from Park Avenue and from Dale Avenue shall be prohibited, If two (2) driveways are to be constructed from Park A venue on the three (3) lots within the subdivision, the driveways shall be at least thirty (30) feet apart, or as may be otherwise approved by the City Engineer, 12, The applicant shall install root barriers on the Lot 3 property along the Dale Avenue right-of-way as necessary to eliminate the cause of pavement uplifting and prevent root growth under the street pavement. 13, Any trees planted on Lot 3 and adjacent to the Dale Avenue right-of-way will be located such that the drip lines remain two (2) feet back from the southerly property line/northerly edge of pavement. 14, The applicant shall provide for and install improvements to ensure stabilization of the northerly edge of the Dale Avenue pavement along the Lot 3 frontage, and the design of such improvements shall be subject to approval by the City Engineer. 15, This subdivision approval is contingent upon the current owner selling the property that is described as Lot 5A, of the Independence No, 2 Subdivision to Coast Pacific Asset Management, Inc, in order to release the existing duplex on Lot 5A from the employee housing restrictions that are set forth in the agreement that is recorded at Book 387, Pages 452-455 in the Pitkin County Clerk and Recorder's Office, 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 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 effect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. ~ Section 4: 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 5: A public hearing was conducted on the 28th day of April at 5:00 PM in City Council Chambers, Aspen City Hall, Aspen, Colorado, fifteen (IS) 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 this 14th day of April, 2003, ,:, .' ~ - .f 1'{~*5t~{~( ,;,'; Ci Clerk , He en Kalin Klande ii, ayor F~!ti~'~~oPted, passed and approved by a four to one (4-1) vote on this 28th day of April, 2003, llli;t;ity Clerk ..c '" C .' ~ . iJ ",... 1J.... (0 l\),., ' ,,,,~ , ",,\~ Approved as to form: - . 84/29/2863 13:27 97892Ei"""'" '! HAAS LAND PLANNrN~~ PAGE 02 MEMORANDUM FROM: Julie AM Woods. Community Developm~nt Director James Lindt, Planner :S1- TO: RI)o Park-Dale Subdivision GMQS Exemptions DATE: January 30.2003 StIMMARY: Coast Pacific Asset Management, Ine, represented by Haas Land Planning LLC, has llPplied for administrative Growth Management Quota System (GMQS) exemptions ill cQt\junction with the proposed Park-Dale Subdivision. These GMQS exemption requests would allow for four (4) residentilll units to be constructed on the 1hree (3) lots that are proposed in the Park-Dale Subdivision, The applicant has applied to subdivide Lots 4A and SA of the Independence No, 2 Subdivision into three (3) lots, Currently, three (3) dwelling units exist on the property that is subject to the proposal. The applicant is requesting to reconstruct tnree (3) of the proposed four (4) units pursuant to Land Use Code Section 26.470,070(A)(2), ReC07.1lruCtlon of demolished IInil..-. This s.ction of the Growth Management Quota System allows for an e"emption from the scoring process for the reconstruction of dernollshed units jf the following standards are met: a. An applicant may propose to demolish a'1d then delay the reconstruction of existing dwelling, hotel OT lodge units, b, The applicant ,ball verify, by iI. letter submitted to and approved by the Community Development Director, the number of existing legal units on tne property prior to demolition and shall agree that reconstruction will ceOI.ll' pursuant to the lenns of this Section. c, Reconstruction shaJI occur within fiye (5) years of demolition, unless an extension of this deadline is granted l:>y the City Council for good cause, d, ADY building that is demolished shall be limited to l'<'construction on the same parcel or on a contiguous parcel owned by the applicant, unless it is determined that reconstruction shall be permitt~ off-site pursuant to Section 26,520.020(0), In addition. each ofthe recon.tructed units must also proVide employee housing mitigation in the form of providing 0.' of the mitigation options that are ~t forth in Land Use Code Se;t;on 26,470.070(8), De'twhed .1'ln,~le,family "r duple" dwelling "../1. 64/29/2883 13:27 9789257~ , HAAS LAND FLANNINGi(~ PAGiE a 3 The fourth unit that is proposed by the applicant is requested pursua.nt to Land Use Code Sectlon 26.470,070(6), Detached "ingle;famlly O~ duplex dwelling ""it. This section of the Growth Mansgemtmt Quota System allows for an e:mtll'tion from the CMQS scoring process for the remodel or expansion of a single-family residence into a duplex dwelling unit, proYided tltat one of the following employee housing mitigatiol\ options is satistied by tile propola!: n. Pro\,jdjng an above grade, detached Accessory Dwelling Unit (ADU) pursuant to Chapter 26.520; or, b. Providing an Accessory Dwelling Unit authorized through Special Review to be attached and/or pa.tlially ;)l' fully subgrade, pursuant to Chapter 26.420; or" c, Providing an off-site Affordable Housing Unit \I\~thin the Aspen 10lill Area accep:ed by the AspeulPitkin County Housing Authority and deed restricted in accordance with the AspenlPitkin County Housing Authority Guidelines, as amended; or, d. Paying the applicable affordable housing impact ree pUl'5uant to the Aspen/Pitkin County Housing Authority Guideline!), as amended; or, e, Recording a resident-occupancy (RO) deed resll'iction on the single- family dwelling "nit being constructed, 81 AFF COM!\fi',NTS: The applicant has consenud in the proposal to satisfy one of the abovementioned employee housing mitigation options for each unit that is demolished and I'I'placed on the fathering parcels, Additionally, the applicant has consented to provide ona of the abovementioned employee housing mitigation options for the explll1sion of the single-family residence into a duplex or two (2) detached single-family residences on Lot 3. of the proposed Park-Dale Subdivision, Therefore. staff finds tna! the review re~~irements have been mel and recommends that the C.<>mmunity Development Director "wrove the proposed GMQS exemptions. with the conditions ofapproval described herein. APPLICANT: Co8!;t Pacific Asset Management, Inc. Represented by Haas Land Plan,\ing LLC, LQl;:A TlOI'/: LoIS 1,2, and 3, of the proposed Park-Oale Subdivision (cumlntly described as Lots 4A and SA ;>f the lndependence NQ, 2 Subdivision), ZONING' R-6 (Medium-Density Residential) Zone Djstrict. 2 04/29/2003 13:27 976925--, HAAS LA~D PL~nlG- ,"1 . f PAGE 04 REVIEW Pll.OCEDUIU: The rtquested OMQS exemptions may be approved by the ComMunity Development Di~ctor, pursuant to Land Use Code Sections 26A70,070(A)(2). Reconstruction Qf demolished unit,y; and 26.470.070(B}. Detached $/ngle;famlly or duplex dwelling unii, 5T4Fr COMMENTS: Review criteria and Sta.ffFindings have beel1 included lIS Exhibit "A." The application has been included as B){hibit "1>." RECOMMENDATION: Staff recommeods the Community OevelDpment Director approve the requested GMQS e)!,empliuns on Lots l. 2. and 3 of the proposed Park-Dale Subdivision with the conditions established herein, Al'Pll.OV AL: I hereby approve the GMQS exemptions to develop fOUf (4) units on Lat. 1. ;2" and 3 of the proposed Park-Dale Sub<livisior subject to th~ following condition~: 1. Approval ofthe OMQS exemptions granted herein is subject to the approval and creation of two (2) lots oht least 6,000 square feet, and one lot of at least 9,000 square feet in the proposed Park-Dale Subdivision. 2, The appli.ant shall satisfy one of the emplo:;ee bousing miti!;lation options as are set forth in L~nd Use Code Section 26,470,070(B)~ De/ached singls:famlly and duplex dwelll~g unit, for each Ilfthe tl1ree (3) residential units to be demolished and reconstructed, rhe applicant shall also comply with the standard; set forth in Land Use Code Section 26,470.07Q(A)(2): Reoo,'1.Structilln of'demolished un/tl, as they pertain to reconstruction of the throo(3) units to b~ demolished, :;, The applicant shan satisfy one oflhe employee housing mitigation options as a,e set forth in Land Lse Code Section 26.470,070(B); DqU;1G'hed ,~ing/,,:r()mtly and ',,'\\ ,;:...d/'plex dw~llInf;'lUIil, to expand the single.family residence to be built on Lot 3 of " ',,~. ltke proposed Park-Dale Subdivision into a duplell, , r.'. " FE2 12 200:' a.- date -'-1/';0.3 nn Woods. Community Development Dirtc\Or '~Ol\lMut~ll( ui:,v';:'_ :;\':.NI iJitll;\: ~",lf. my Gi ^~;i'EN ACCEPTANCE' I. as a person being or representing tile applioant, do bereby agree to the conditions of this approval and eenifY the information provided in this application is correct to the best of my knowledge. ~4/29/2~~3 13:27 97~9257-- I.. , I HAAS LAND PLANNIN6~ '" J Coast Pacific Asset Management.lnc ,owner, ATTACIIMI!N1S: Exhibit A -- Review Criteria and Stafffindings Exhibit a -- Application 4 PAEiE ~5 ~4f29/20~3 :3:27 9'/09257""'" , \ ~ 1 HAAS LAND PLANNJNG~ PAGE as EJ.hJblt A Review StaJlldards and Staff Findings: 26.47Q.070(A)(2) Reconstruction of tkmol/$hed "nits. The Community Development Director may approve an exemption from the Growth Manag"ll'I~nt Q\I.Ota System for the reconstrUCtion of demolished units upon a finding of oompliance \vlth the following s1andards: a, An applicaJlt may propose to demolish and then delay the reconstruction of existing dwelling, hotel or lodge units, b, The applicant shall verify, by a letter submitted to and approved by t'1.e Commlmity Development Director, the number of existin\! legal unit,~ on the property prior to demolition and shall agree that rec\mstrnction will occur pursuant to the tenns of this Section, c, Reconstruction shall occur within five (5) years of d~.moJjtion, unless an e)(tensiOll of this deadline is granted by the City Cour,cil for go(,d cause, d, Any building that is demolished shall be limitl:d ", reconstruction on the lame parcel or on a c,ontiguous parcel owned by theapplicaTlt, unless it is determined that reconstlUction shall be permitted off. site pUrSLlllT1t to Seetioo :16.520.020(0), Staft' Flndin~: The applicant ha. CQnsented in the application to meeting the above review standards, Staff feels that this set of criteria h1l$ been met, 26.470.070(B) Det/JChed single-family 1)1' duplex dwelling unit. Singh~..family,ln order to qualify for a single-family exemption, the llfJplicant shall have liv" (5) optjons: B.. Previding an above grade, do:tached Accessory Dwelling Unit (ADU) pursuant te) Chapter 26,520; or, b, proviriing an A~~sSQl')' Dwelling U nil authorized through Special Review to be attached and/or partially or fully sub grade, pursuant to Chapter 26.420; or, c, Providing an off-site Atfordable Housing Unit V\1tbin the Aspen Intlll Area accepted by the Aspen/Pitkin CO\.4"'lty Housing Authority and deed restricted in accordance with the A.spen/Pitkin County Housing Authority Guidelines, as amended: or, d, Payillg the applicable affordable housing impact fee pursuant to the AspenlPitkin County H()using Authority Guidelines, .s amended; 'Jr, 5 > .'" 64/29/2663 13:27 916925"""'" R j HAAS LAND PLANNIN1~ PAGE 67 e, Recording a resident-occupancy (RO) deed restriction on the single-family dwelling unit being con5lrUcted, Staff Findine:l In order 10 obtain a GMQS el'>emption to reconstruct the tr,ree (3) units that are to be demolished in the proposed Park-Dale Subdi~'i~ion, the applicant lnU.~t provide one of the employee housing mitigation <>ptions above, In addition, to convert the ~ingle-family residence to be built on Lot 3 of the proposed subdivision into a duplex, the applicant must also meet one of the options above, The applicant has consented to providing one of the options for each of the four units 10 be constrUcted, Staff finds this ~t of criteria to be met. 6 n ,-" '''I', c.. Af'P(O ve tJ Lf-- t MEMORANDUM Mayor and City Council lWi, km W "M', C"~~i'Y O"""pmrnt Di"""" ~ James Lindt, Planner~ L- ~ TO: THRU: FROM: RE: Park-Dale Subdivision, 2nd Reading of Ordinance No. 20, Series of 2003- Public Hearing DATE: April 28, 2003 ApPLICANT fOWNER: Coast Pacific Asset Management, lnc, REPRESENTATIVE: Mitch Haas, Haas Land Planning LLC, LOCATION: Lots 4A and 5A ofthe Independence No,2 Subdivision (I ] 80 Dale Ave, and 2] 5 Park Ave.) CURRENT ZONING: R-6 (Medium-Density Residential) Zone District (Zoning Map that shows property as RfMF has been determined to be in error) PROPOSED LAND USE REQUEST: Subdivision to reconfigure lot lines to create three (3) lots. ' P & Z RECOMMENDATION: Approval with Conditions Photo Above: The picture above is the existing single-family residence located on Lot 4A. SUMMARY: The Applicant requests subdivision approval to reconfigure the lot lines of Lots 4A and 5A of the Independence No, 2 Subdivision into three (3) lots, The Applicant has concurrently applied for an administrative approval of a GMQS Exemption for reconstruction of demolished units pursuant to Land Use Code Section 26.470,070(A). In addition, the Applicant has applied for administrative approval of a GMQS Exemption to construct a duplex or two (2) Photos Above: The picture above is the detached dwelling units on one of the newly existing duplex that is located on Lot 5A. created lots pursuant to Land Use Code Section 26.4 70,070(B), I') REVIEW PROCEDURE A development application for subdivision shall be approved, approved with conditions, or denied by City Council after considering a recommendation from the Planning and Zoning Commission and the Community Development Director pursuant to Land Use Code Section 26.480,040, Subdivision, PROJECT SUMMARY: The Applicant, Coast Pacific Asset Management, Inc, requests subdivision approval to reconfigure Lots 4A and 5A of the Independence No, 2 Subdivision into three (3) lots for the purpose of single-family and duplex development. Lot 4A is located on the southwest corner of Park and E, Hopkins Avenue and contains 9,005 square feet. Lot 5A is located directly to the south of Lot 4A on the northwest corner of Park and Dale Avenues, Lot 5A contains approximately 12,913 square feet. Therefore, the lots together total 21,918 square feet. The abovementioned properties are located in the R-6 (Medium-Density Residential) Zone District. The Official Zone District Map had shown the parcels as being zoned R/MF, but significant research into the zoning of the properties by the Applicant and the Community Development Department have determined that the zoning map was in error and that the property had never been rezoned to R/MF by an ordinance, Therefore, staff has made the determination that Lots 4A and 5A are zoned R-6 (please see the Zoning Interpretation that is attached as Exhibit "C"), The Applicant would like to re-subdivide Lots 4A and 5A of the Independence No, 2 Subdivision into two (2) lots of just over 6,000 square feet and one lot of slightly more than 9,000 square feet. On the two (2) lots of approximately 6,000 square feet, the Applicant would like to construct a single-family residence on each lot that meets the dimensional requirements of the R-6 Zone District. Subsequently, on the lot proposed to be 9,000 square feet, the Applicant would like to construct either a duplex or two (2) detached residential dwellings that meet the dimensional requirements of the R-6 Zone District. 2 ~ (1 The Applicant concurrently applied for a GMQS exemption for reconstruction of demolished units that has been approved administratively by the Community Development Director contingent upon subdivision approval to obtain development rights, Currently, there are three (3) residential units located on the two (2) existing parcels, The Applicant wishes to demolish the three (3) residential units and replace them with four (4) units on the three (3) lots to be created, Therefore, the Applicant would be able to reconstruct three (3) units within the subdivision by virtue of gaining an exemption from GMQS for reconstruction of three (3) demolished units, Additionally, the Applicant has requested a GMQS exemption pursuant to Land Use Code Section 26.470,070(B), which allows for the "remodel or expansion of a single}amily dwelling into a duplex dwelling", Therefore, the Applicant could remodel the single-family residence to be built on the 9,000 square foot lot into a duplex if the GMQS exemption is approved, This request has also been approved by the Community Development Director contingent upon approval of the subdivision, The Applicant proposes to either pay cash-in-lieu or build an ADD that meets the ADU design standards to satisfy the mitigation requirements of the abovementioned GMQS exemption, In conjunction with the application for subdivision, the Applicant has also requested to move a portion of Dale Avenue back into the platted public right-of-way, Currently, a sizable portion of Dale Avenue is located on the southern part of the existing Lot SA. The Applicant has already received approval of a right-of-way improvements agreement from City Council to relocate Dale A venue back into the platted public right-of-way at the Applicant's expense, STAFF ANALYSIS: Staff believes that the subject properties are suitable for subdivision, Lots 4A and SA are relatively flat and contain no slopes over 20 percent. Staff also feels that the proposed single-family and duplex residential uses are compatible with the uses in the immediate vicinity given that the majority of the development in the general neighborhood consists of single-family and duplex residential structures, In addition, the proposed lots are located near an existing RFT A bus route with a bus stop that is located at the intersection of Park Avenue and E, Hopkins, The site is also within walking distance of the Commercial Core as the Applicant has pointed out in the application, Staff also believes that the Applicant may obtain development rights for the four (4) proposed residential units in the manner that was detailed in the proposal sUll1ll1ary above, Therefore, the Community Development Director has approved the proposed GMQS exemptions contingent upon the approval of the subdivision, The GMQS exemption approval allows the Applicant to use reconstruction credits for the development of three (3) of the proposed units, The fourth \U1it was granted a GMQS exemption for expanding one of the single-family residences to be constructed, into a duplex pursuant to Land Use Code Section 26.470,070(B), As a condition of approval of the administrative GMQS exemptions, the Applicant is required to meet one of the mitigation options that are set forth in Land Use Code Section 26.470,070(B) for each of the residential units to be constructed, SCHOOL LAND DEDICATION: The Applicant is subject to school land dedication for the addition of the residential units to be developed within the proposed subdivision pursuant to Land Use Code Section 26,630, 3 ~ (") The Applicant has proposed to pay cash"in-lieu of dedicating land, The amount of the required cash-in-lieu payment is based on the following equation: Cash Payment= Market Value of the Land Proposed for Subdivision x Land Dedication Standard (based on number of bedrooms proposed) x 0.33 In this instance, the amount of the required cash-in-lieu payment cannot be determined at this time because the proposed residences have not been designed, Therefore, the dedication amount cannot be determined because it is calculated based on the number of bedrooms being proposed within the subdivision, which is still an uncertainty, The Applicant has consented to paying the applicable school land dedication fee at the time of building permit issuance for each residence on a proportional basis and this is reinforced by a condition of approvaL Thus, staff believes that the proposal will meet the land dedication standard, RELOCATION OF DALE AVENUE AND RELATED ISSUES: As was stated in the summary of the proposal, the Applicant is proposing to relocate Dale Avenue off of the southern portion of Lot 5A and into the platted public right-of-way, The Applicant has reached an agreement with the City Engineering Department and City COlmcil to relocate Dale Avenue at the Applicant's expense, As a result of the approved relocation, Dale Avenue will be reduced slightly in width to twenty-one (21) feet. In reviewing the right-of-way improvements agreement to relocate Dale Avenue, City Council indicated that they did not feel that curb and gutter was appropriate for the neighborhood at this time, The proposed subdivision request reflects the terms that were approved in the right-of-way improvements agreement. Conditions 12, 13, and 14 have been proposed to protect the new pavement on Dale Avenue, In a related matter, the Aspen Sanitation District is requiring that the Applicant either grant the District an easement to accommodate the existing sewer line that crosses about twenty (20) feet into the southeast comer of the proposed Lot 3 or relocate the existing sewer line to within the public right-of-way at the Applicant's expense, The Applicant has chosen the option of relocating the sewer line into the public right-of-way, As part of the relocation of the line, the Sanitation District has required that the Applicant maintain a ten (10) foot setback off of the water line that currently exists in the public right-of-way, Therefore, staff has proposed a condition of approval that requires that the Applicant relocate the sewer line completely into the right-of-way at the Applicant's expense prior to issuance of a building permit on Lot 3 of the proposed subdivision, VEHICULAR ACCESS: The Applicant is proposing to access the northern lot (proposed Lot I) by way of E, Hopkins A venue as it is currently accessed, Access to the middle lot (proposed Lot 2) is proposed by way of Park Avenue and access to the southern lot (proposed Lot 3) is proposed from two (2) separate driveways, one driveway to be accessed off of Park Avenue and one driveway to be accessed from Dale Avenue. A discussion issue has arisen regarding whether the two (2) separate driveways should be allowed on Lot 3, The Planning and Zoning Commission recommended that City Council include a condition of approval that requires a common driveway be constructed for the two (2) units on Lot 3 and that the common driveway access the lot by way of Dale Avenue. 4 ..-.... (""\ , ..,/ This condition was recommended to the Commission by staff because at first glance we thought it would likely limit the amount ofhardscape and pavement on the site, However, after the Planning and Zoning Commission hearing, staff reconsidered the likely site plan alternatives that might occur if it is required that the Applicant access both units from a common driveway by way of Dale A venue, Staff concluded from this exercise that if a common driveway from Dale A venue is required, more hardscape and pavement might actually be likely because the garages for both units would be consolidated in one area on the site, Staff believes that the consolidation of the garages on the site would require a large strip of parking and maneuvering space adjacent to the garages, and thus, would yield more pavement and hardscape than if two separate driveways were allowed on Park Avenue and Dale Avenue, Therefore, staff has modified Condition No. 11 in the proposed ordinance from that which is included in the Planning and Zoning Commission Resolution to allow for separate driveways to exist from Park Avenue and Dale Avenue for the two (2) units to be constructed on Lot 3. However, the modified condition does negate the ability of the Applicant to create a circular drive by connecting the driveways from Park and Dale Avenues. Additionally, the modified condition of approval takes into account the safety concern of having two (2) driveways access off of Park Avenue in close proximity on Lots 2 and 3 by requiring a safe distance be maintained from the two (2) driveways, FIRST READING SUBMISSION REQUESTS: During first reading of the proposed ordinance, Councilman McCabe requested that the Applicant provide a detailed site plan representing what is going to be developed on the three (3) lots. In addition, it was requested that the Applicant give an accurate identification in plan form of the existing trees on the properties and the trees that are to be removed as part of the proposed development. In response to Council's request, the Applicant has provided a proposed site plan for the three (3) lots and has identified on it the existing trees and the trees that are anticipated to be removed from the site as part of the proposed development. This site plan is attached as Exhibit "BOO for Council's review, This site plan identifies that one tree within the proposed subdivision is to be relocated or removed, The Park's Department has reviewed the tree removal plan and agrees with the Applicant's assessment that this tree may be removed or relocated on the site, City Council also requested architectural plans for the proposed residences on the lots to be created. However, the Applicant has indicated that they have not yet settled upon specific architectural plans, In addition, architectural plans are not required as a submission requirement for review of a subdivision application primarily because the review standards do not require architectural compatibility with the surrounding neighborhood, Yet even in the absence of architectural plans, staff does believe that because the Applicant will be required to meet the Residential Design Standards and comply with tile dimensional requirements of the R-6 Zone District that there will be a certain amount of assurance that the proposed residences will be compatible in size and architectural content to that of the surrounding residences that had to meet similar requirements, 5 r., f) ,j' REFERRAL AGENCY COMMENTS: The City Engineer, Fire Marshal, Water Department, Aspen Sanitation District, Streets Department, and the Parks Department have all reviewed the proposed subdivision, The referral agencies' comments have been included as proposed conditions of approval as the Planning Staff has deemed appropriate, PLANNING AND ZONING COMMISSION RECOMMENDATION: The Planning and Zoning Commission reviewed the application and recommends that City Council approve the proposed subdivision with the conditions set forth in their attached resolution, STAFF RECOMMENDATION: Staff recommends that City Council approve the proposed subdivision with the conditions set forth in the attached ordinance to allow for the resubdivision of Lots 4A and 5A of the Independence No, 2 Subdivision into Lots 1,2, and 3 of the Park-Dale Subdivision, RECOMMENDED MOTION (ALL MOTIONS ARE PROPOSED IN THE AFFIRMATIVE): "I move to approve Ordinance No. 20, Series of 2003, approving the Park-Dale Subdivision with conditions," CITY MANAGER'S COMMENTS: ATTACHMENTS: Exhibit A -- Review Criteria and Staff Findings Exhibit B -- Detailed Site Plan that includes Tree Identification Exhibit C -- Referral Comments Exhibit D -- Planning and Zoning Commission Minutes and Resolution 6 i""'\ t1 ORDINANCE No. 20 . (SERIES OF 2003) AN ORDINANCE OF THE ASPEN CITY COUNCIL APPROVING THE SUBDIVISION OF LOTS 4A AND5A, OF THE INDEPENDENCE NO.2 SUBDIVISION TO CREATE LOTS 1,2, AND 3, OF THE PARK-DALE SUBDIVISION, CITY OF ASPEN, PITKIN COUNTY, COLORADO. ParcellD: 2737-181-33-051 ParcellD: 2737-181-33-052 WHEREAS, the Community Development Department received an application from Coast Pacific Asset Management, Inc, represented by Mitch Haas, requesting to subdivide Lots 4A and 5A, of the Independence No, 2 Subdivision to create Lots 1,2, and 3, of the Park-Dale Subdivision; and, WHEREAS, the subject properties are zoned R-6 (Medium-Density Residential); and, WHEREAS, the proposed lots are to contain 6,000 square feet (Lot I), 6,921 square feet (Lot 2), and 9,000 square feet (Lot 3) respectively; and, WHEREAS, upon review of the application, and the applicable code standards, the Community Development Department recommended approval, with conditions, of the proposed subdivision; and, WHEREAS, the Fire Marshal, Aspen Consolidated Sanitation District, the City Water Department, the City Engineering Department, and the City Parks Department have reviewed the application and provided referral comments; and, , WHEREAS, during a duly noticed public hearing on March 18, 2003, the Planning and Zoning Commission approved by a five to one (5-1) vote, a resolution recommending that City Council approve the proposed Subdivision with conditions; and, WHEREAS, the Aspen 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, the Planning and Zoning Commission, and has tal,en and considered public comment at a public hearing; and, WHEREAS, the City Council finds that the development proposal meets or exceeds all applicable development standards and that the approval of the development proposal, with conditions, is consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS, the City Council finds that this Ordinance furthers and is necessary for the promotion of public health, safety, and welfare, NOW, THEREFORE, BE IT ORDAINED BY THE ASPEN CITY COUNCIL AS FOLLOWS: 1"""1 f') Section 1 Pursuant to the procedures and standards set forth in Section 26.480 of the City of Aspen Land Use Code, the application to subdivide Lots 4A and 5A, of the Independence No, 2 Subdivision to create Lots 1,2, and 3, of the Park Dale Subdivision is hereby approved with the following conditions: I, The applicant shall record a subdivision plat and agreement that meets the requirements of Land Use Code Section 26.480 within 180 days of approval. 2, The City of Aspen and the Streets Department shall be held harmless and shall not be responsible for damages or losses to landscaping installed by the applicant on Lot 3 alongside the Dale A venue right-of-way; it is understood by the applicant that such damages or losses may result from routine road maintenance and plowing activities, 3, The applicant shall sign a sidewalk, curb, and gutter agreement to install future City approved sidewalk, curb, and gutter on the adjoining/surrounding right-of-ways prior to building permit issuance for any lot within the subdivision, 4, The applicant shall relocate the eXlstmg sewer line that runs under the proposed Lot 3 along Dale Avenue back into the Dale Avenue Right-of-Way at the applicant's expense prior to issuance of a building permit on Lot 3 of the subdivision, The sewer line shall be relocated in a manner that allows for a ten (10) foot separation distance to be maintained between the water and sewer lines, 5, The applicant shall install a fire sprinkler system that meets the requirements of the Fire Marshal in any of the proposed residences that exceed a gross floor area of 5,000 square feet. 6, The applicant shall comply with the City of Aspen Water System Standards, with Title 25, and with the applicable standards of Title 8 (Water Conservation and Plwnbing Advisory Code) of the Aspen Municipal Code, as required by the City of Aspen Water Department. 7, The applicant shall comply with the Aspen Consolidated Sanitation District's rules and regulations, No clear water cOlll1ections (roof, foundation, perimeter drains) to ACSD lines shall be allowed, All improvements below grade shall require the use of a pwnping station, 8, The residences to be developed on the newly created lots shall meet the R-6 Zone District's dimensional requirements and comply with the residential design standards or obtain a variance therefrom, If the residence on Lot I is remodeled pursuant to the definition of a remodel in the City Land Use Code, the exiting setback non-conformities may be maintained but not expanded, r-.. , t} 9. The applicant shall pay a proportionate amount of all applicable impact (Park Development Impact and School Land Dedication) fees prior to issuance of a building permit for each residence within the subdivision, 10, The applicant shall install an underground outlet and streetlight circuit from the transformer located adjacent to Park Avenue and E, Hopkins Avenue when the overhead utility lines are placed underground, 11, The two (2) units to be constructed on Lot 3 may have one driveway that enters off of Park Avenue and one driveway that enters off of Dale Avenue, A circular driveway that connects the driveways to be accessed from Park Avenue and from Dale Avenue shall be prohibited, If two (2) driveways are to be constructed from Park Avenue on the three (3) lots within the subdivision, the driveways shall be at least thirty (30) feet apart, or as may be otherwise approved by the City Engineer. 12. The applicant shall install root barriers on the Lot 3 property along the Dale Avenue right-of-way as necessary to eliminate the cause of pavement uplifting and prevent root growth under the street pavement. 13, Any trees planted on Lot 3 and adjacent to the Dale Avenue right-of-way will be located such that the drip lines remain two (2) feet back from the southerly property line/north~rly edge of pavement. 14, The applicant shall provide for and install improvements to ensure stabilization of the northerly edge of the Dale Avenue pavement along the Lot 3 frontage, and the design of such improvements shall be subject to approval by the City Engineer. 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 City Cowlcil, 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 effect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances, Section 4: 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, Ij ^ ":, ";"'/ Section 5: A public hearing was conducted on the 28th day of April at 5:00 PM in City Council Chambers, Aspen City Hall, Aspen, Colorado, fifteen (I5) 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 this 14th day of April, 2003, Attest: Kathryn S. Koch, City Clerk Helen Kalin Klanderud, Mayor FINALLY, adopted, passed and approved this 28th day of April, 2003, Attest: Kathryn S. Koch, City Clerk Helen Kalin Klanderud, Mayor Approved as to form: John Worcester, City Attorney ,-.,., o REVIEW CRITERIA & STAFF FINDINGS Section 26.480 of the City Land Use Code provides that development applications for Subdivision must comply with the following standards and requirements, Subdivision 1. The proposed subdivision shall be consistent with the Aspen Area Comprehensive Plan. Staff Finding Staff believes that the proposed subdivision is consistent with many aspects of the Aspen Area Community Plan, The properties to be subdivided are located close to the core area of town, which should encourage the residents to use alternative means of transportation such as walking and riding their bicycles as is encouraged by the AACP, Moreover, the proposed subdivision is located near a RFT A bus line and is within a half-mile radius of a transit node as is identified on the AACP's future land use map, which should promote the use of public transportation upon it's inhabitants, In addition, the Applicant has proposed to provide the employee housing mitigation in the form of either constructing ADUs that meet the ADU design standards or by paying cash-in-lieu is consistent with the Growth Management Quota System requirements and the affordable housing goals set forth in the AACP, Staff finds this criterion to be met. 2. The proposed subdivision shall be consistent with the character of existing land uses in the area. Staff Finding Staff believes that the proposed single-family and duplex residential land uses are consistent with the existing land uses in the immediate area, The subject property is surrounded on three (3) sides by properties that are zoned R-6 and contain single-family and duplex residential properties, Additionally, the proposed residences will be required to meet the residential design standards, which is consistent with all new development that is allowed to occur in the area. Staff finds this criterion to be met. 3. The proposed subdivision shall not adversely affect the future development of surrounding areas. . Staff Finding Staff does not feel that the proposed subdivision will adversely affect the future development of surrounding properties, The structures that are proposed within the subdivision will be required to meet the R -6 Zone District requirements as are other neighboring lands and will not encroach onto any of the surrounding properties, Staff finds this criterion to be met. 4. The proposed subdivision shall be in compliance with all applicable requirements of this Title. Staff Finding The Applicant is proposing to meet the residential design standards and all of the R -6 Zone District requirements with proposed development. In addition, the Applicant has been approved for GMQS exemptions for the development of four (4) units pursuant to Land Use Code Section 26.470,070(B), Staff finds this criterion to be met. 7 ,,-, f"""\ , ,y B. Suitability of Landfor Subdivision a. Land suitability. The proposed subdivision shall not be located on land unsuitable for development because of flooding, drainage, rock or soil creep, mud/low, rockslide, avalanche or snowslide, steep topography or any other natural hazard or other condition that will be harniful to the health, safety, or welfare of the residents in the proposed subdivision. b. Spatial pattern efficient. The proposed subdivision shall not be designed to create spatial patterns that cause inefficiencies, duplication or premature extension of public facilities and unnecessary public costs. StaffFinding Staff believes that the properties are suitable for subdivision, The site contains no steep topography and no known geologic hazards that may harm the health of any of the inhabitants of the proposed development. In addition, staff believes that there will not be a duplication or premature extension of public facilities because the property to be subdivided is already served by adequate public facilities, Therefore, staff finds this criterion to be met. C. Improvements. The improvements setforth at Chapter 26.580 shall be providedfor the proposed subdivision. These standards may be varied by special review (See, Chapter 26.430) if the following conditions have been met: 1. A unique situation exists for the development where strict adherence to the subdivision design standards would result in incompatibility with the Aspen Area Comprehensive Plan, the existing, neighboring development areas, and/or the goals of the community. 2. The Applicant shall specify each design standard variation requested and provide justification for each variation request, providing design recommendations by professional engineers as necessary. Staff Finding The Applicant has consented in the application to meeting the subdivision design standards as set forth in Land Use Code Section 26,580, Staff finds this criterion to be met with the conditions that have been proposed in the ordinance, D. Affordable housing. A subdivision which is comprised of replacement dwelling units shall be required to provide affordable housing in compliance with the requirements of Chapter 26.520, Replacement Housing Program. A subdivision which is comprised of new dwelling units shall be required to provide affordable housing in compliance with the requirements of Chapter 26.470, Growth Management Quota System. Staff Finding The Applicant has concurrently applied for GMQS exemptions for reconstruction of demolished units and to expand a single-family residence into a duplex, Staff has the authority to review each of the GMQS exemptions at an administrative level and has already done so contingent upon approval of the proposed subdivision, Staff requires that the Applicant meet the mitigation requirements as set forth in Land Use Code Section 8 fl f"""l \ :/ 26.470.070(B). In addition, the land to be subdivided does not contain any multi-family dwelling units. Therefore, the Applicant will not be subject to the Multi-Family Housing Replacement Program. Staff finds this criterion to be met. E. School Land Dedication. Compliance with the School Land Dedication Standards setforth at Chapter 26.630. Staff Finding The proposed subdivision is required to meet the School Land Dedication Standards pursuant to Land Use Code Section 26.630. The Applicant has proposed to pay cash-in-lieu of providing land. In this instance, the amonnt of the required cash-in-lieu payment cannot be determined at this time because the proposed residences have not been designed. Therefore, the dedication amonnt cannot be determined because it is calculated based on the number of bedrooms being proposed in the subdivision, which is still an nncertainty. The Applicant has consented to paying the applicable school land dedication fee at the time of building permit issuance for each residence on a proportional basis. Thus, staff finds this criterion to be met. F. Growth Management Approval. Subdivision approval may only be granted to applications for which all growth management development allotments have been granted or growth management exemptions have been obtained, pursuant to Chapter 26.470. Subdivision approval may be granted to create a parcel(s) zoned Affordable Housing Planned Unit Development (AH-PUD) without first obtaining growth management approvals if the newly created parcel(s) is required to obtain such growth management approvals prior to development through a legal instrument acceptable to the City Attorney. (Ord. No. 44-2001,92) Staff Finding The Applicant has concurrently applied for GMQS exemptions for reconstruction of demolished nnits and to expand a single-family residence into a duplex. Please see staffs response to Review Standard "D" for staff s response. 9 -- ";..o:..::"...~,. ~&Qo~.. --....-. 2 ....-..~ DAL€ A \I, -.------------- '€/vU€- l! -. t-fOPkl/v r'i-, S A \I, l! '€/vU€ -_-..!~ h ~......"...... ;; ---." \ .A. ,\\ '.' \ I f \ o II \ l ~Ill;. !----". Ii \ BI. Il_-----~ .-'--- \ :. ~--~Q . ___----<>1 \ (f5------,,-\ (r.~';;.._. \ cD! / ~ ~ ~-~~- \ I ,.. ^ I I J,,,. I I ~:ii I : g: ~ ~~. 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I . ) -' Park-Da!,;":~'"~odivision 1!1!1 ~ ~. :~ I;D ? 5-' --t-- ~ '" ,-., MEMORANDUM r'I ExM: [u,'+ )laY Pl0a To: Development Review Committee From: John Niewoehner, Community Development Engineer, DRC Caseload Coordinator Date: February 6, 2003 Re: 2/5/03 DRC Meetinq Minutes: Park-Dale Subdivision Attendees: Mitch Haas, Applicant's Representative James Lindt, Community Development Department Phil Overeynder, Water Department Tom Bracewell, Sanitation District Nick Adeh, Engineering Department Brian Flynn, Parks Department Ed Van Walraven, Fire Department John Niewoehner, Community Development Department Atthe February .5,2003 meeting, the Developme~t ReviewCorilmitteereviewed the proposed plan to create three lots in the vicinity of Park and Dale Avenues. The primary issue concerning the lot split is that the Dale Avenue pavement does not lie within the ROW bui runs across the' Park-Dale Subdivision. Next Steps for Application: (i) The Applicant will need to address the concerns of the DRC members (namely providing a survey map that shows utilities and proposed easements). (ii) Thereafter the project will go to the Planning and Zoning C'ommission. (ili) Pending a positive outcome from P&Z, the project will go to City Council for final approval. Comments to S'e Included in P & Z Resolution andlor Council Ordinance: These comments .are noted below. DRC COMMENTS: 1. Enqineerinq Department . Movinq Dale Avenue: The Applicant must move the paved road into the ROWand construct the road to Engineering and Street Department Standards. (The current plan is to place a curb and gutter along the south property line Of lot 3 and to provide 20-foot width of pavement for Dale Avenue.) .. Wordinq of Resolution: None at this time. This will be done through a ROW agreement between the Applicant and the City Engineer and Attorney. . Sidewalk Easement: Along the Dale Avenue 'property line of lot3, the Engineering Department requests a six-foot wide pedestrian easement to accommodate a sidewalk and ailow for the maintenance of the curb and gutter. (Nick - To simplify things, can we combine the one-foot wide ROW easement with the five foot sidewalk easement? The sidewalk easement can include language regarding the maintenance of the curb and gutter.) . Wordinq of Resolution: The applicant shall grant a six (6) foot wide public sidewalk easement along the southern property line of Lot 3. . Location of Sidewalk, Curb and Gutter: As a condition of subdivision, the owners of each proposed lot must install curb and gutter and a five-foot wide crush and fine gravel sidewalk along Park and Dale Avenues. The location and design of the sidewalk, cWb and gutter shall conform to the standards of the Engineering Department. The Certificate of Occupancy for the new buiidings will be contingent on completion of the sidewalk, curb f"1 r'I " .',Y Page 2 of 3 February 6, 2003 Dale-Park Subdivision P109 and gutter. (Nick - (1) We should consider the timing of the construction of the sidewalk, curb and gutter. We could require that the current Corporate Owner of the lots instal! the sidewalk curb and gutter by a certain date OR we could make in it the responsibility the Owners that build houses on each lot. My concern is that we don't know driveway locations. (2) We'll need to review the drainage related to the curb and gutter.) Wordinq for Resolution: The applicant or lot owners shall install a five-foot wide crush or fine gravel path, as well as, curb and gutter from the southwest corner of E. Hopkins Avenue and Park Avenue to the westernmost property line that abuts Dale Avenue prior to issuance of a certificate of occupancy on any of the residences within the subdivision. . Sidewalk Aqreellient: The lot owners must agree to pave the sidewalk when required by the City. P E 3 condition the EiJggi'/IEion, the current owner ri1~Et eign 3 eige'N3'k . 3greomont th3t holg f~t~ro lot O'.'/nerc reepgnciblg fur rn3int3ining the cr~Eh8r Rne Eid8'."3'k 3ng inEt311ing 3p3VG9 eidG'v3lk '."hen girocteg b,' the Cit,' Wordinq for Resolution: Not needed in resolution since the City now requires homeowners in City Sidewalk Zones to"install paved sidewalks if the CitY requires. . Transformer: The City may request Holy Cross to move the Park Avenue transformer further away from the paved road. Moving the transformer will not be the responsibility or expense of the applicant.' However, if the transformer cannot fit in the ROW, an easement will need to be negotiated betwee.n the owner and Holy Cross. Wordinq for Resolution: None needed . Gas and Electric Lines in ROW: Status is currently unknown. The location of the gas and electric lines will need to be shown on the improvement survey. Wordinq of Resolution: None . Onsite Parkinq on Dale Ave. Lot: Adequate room must exist' so that outside, onsite parking on lot 3 does not block proposed pedestrian sidewalk. ,Wordinq of Resolution: None needed 2. Parks Department . Hopkins Ave and Bike Trail: Driveway of northern lot (lot#1) must be designed such that parked cars will not block Hopkins Ave or the bike trail.' Wordinq of Resolution: None needed 3. Aspen Sanitation District . Existinq Sewer Line Alonq Dale Avenue: Prior to review by P&Z, the Community Development Engineer and the Sanitation District need to see an accurate survey showing the location of the existing sewer line and the locations of proposed easements. (Where the sewer crosses private property, the easement must extend 10' foot to either side of the pipe.) . Wording of Resolution: The applicant shall grant a utility easement that meets the approval of the Aspen Sanitation District to accommodate the existing sewer line that crosses Lot 3, or relocate the sewer line into the Dale Avenue Right-of-Way prior to issuance of a building permit for any of the residences within the subdivision. f'\ I'"') Page 3 of 3 February 6, 2003 Dale-Park Subdivision Plll Wordinq of Resolution: The applicant shall comply with the Aspen Sanitation District's rules and regulations. No clear water connections (roof, foundation, perimeter drains) shall be allowed. All improvements below grade shall require the use of a pumping staiion. . Sewer and. Sidewalk Easement: Sewer and Sidewalk easements can overlap. Wordinq of Resolution: None needed. 4. Citv Water Department: . Existinq Water Line Alonq Dale Avenue: Prior to review by P&Z, the Community Development Engineer and the Water Department need to see an accurate survey showing the location of the existing water and the locations of proposed easements. (Where the water crosses private property, the easement must extend 10 foot to either side of the pipe. There must be 10 foot of separation between the water pipe and sewer pipe or manhole.) Wordinq of Resolution: The applicant shall grant a water line easement that meets the approval of the City of Aspen .Water Department to accommodate the existing water line on. Lot 3 prior to issuance of a building permit on any of the residences within the . subdivision. . . Wordinq of Resolution: The applicant shall comply with the City of Aspen Water System Standards, with Title 25, and with the applicable siandards of Title 8 (Waier Conservation and Plumbing Advisory Code) of the Aspen Municipal Code, as required by . the City of Aspen Water Department. . 5. Fire Department: . Sprinklers: Sprinklers will be needed if the ftoor.' area of any strocture is over 5000 sf. Wordinq of Resolution: The applicant shall install a fire sprinkler system that meets the requirements of the Fire Marshall in any of the proposed residences that exceed a gross ftoor area of 5,000 square feet. 6. Electric Department: . Holy Cross's underground easements on the existing property will need to 'be relocated as part of the building permit process to ac'commodate changes to the electric line. In order to serve a future street light, The City Electric Company requests that a . underground outlet and street light circuit be run form the Park Ave. transformer to the a location near the corner of Hopkins and Park Ave. Wordinq of Resolution: The applicant shall install an underground outlet and light circuit from the Park Avenue transformer to the corner of Park Avenue and Hopkins Avenue. ID RC/Dale-Park-Subdiv Pl12 n Aspen Consolidated Sanitation District 1'"\ ) Paul Smith * Chairman Michael Kelly * Vice- Chair John Keleher * Sec{Treas February 7, 2003 . Frank Loushin Roy Holloway Bruce Matherly, Mgr James Lindt Community Development 130 South Galena Aspen, CO 81611 Re: Park-Dale Subdivision' Dear James:' The Aspen Consolidated Sanitation District currently has sufficient collection and treatm.ent capacity to serve this project.. Service is contingent upon compliance with the District's rules, regulations, and specifications which are on file at the District office. All associated connection. fees must be paid prior to the issuance of a building pennit. . . . The request to moveDale avenue back into or out.ofthe platted right-of-way may create signi.ficarit impacts to the District's system. which must be mitigated by tbe applicant. The public sewer line in Dale avenue is protected by virtue of the fact that the public right~of-way serves as an easement fOr the line. Moving the easement and exposing the line wOlild require the applicant's granting a standard district easement for the line. The line could 'also be relocated at the appiiqnt's expense. If the' line does not need to be relocated, based upon building location, then it may be possible f<;Jr the new easement to. be located in the lot's building setback depending upon the size of the required set back.' A site improvement sUf'{ey showing the proposed building footprint(s) andproposed lot line adjustments relativetothe existing utilities would be a good place to start. We will require the ilpplicant to pay for all of the impacts that the prOposed development causes to'the public system. l' d encour~gethe applicant to conta,ct ~ur line superintendent, Tom Br~cewell, to discuss optioris if the line must be relocated. . prease call if you have any questions. Sincerely, e:~~M~~ . BruceMatherly >..:" ." . bistriciManager'" , . . "~..' . . . ~ . '- ,.' '. .- .,..,- .... ~ '-;. , . ),' . ".' ::1,. ,- ...iL... " . .' I '.;" . ~ . ':M' '/",.. ." ,",- . .:r" ", "" 565 N. Mill St:, Aspen; CO 816111 (970)925-36011 FAX (970)925-2537 .~. f"'"'\ Pll0 MEMORANDUM TO: James Lindt, Planner FROM: Sarah Oates, Zoning Officer RE: Park-Dale Subdivision DATE: January 31, 2003 " ------------------------------------------------------------------------------------------------------------ The applicant is proposing to subdivide two lots totaling 21,918 square feetfrom the existing Independence SUlJdivision into three lots which comply witIithe minimmn lot. size for the underlying R-6 zoning. The two 6,000+ square foot lots permit single-family residences and the 9,000 square foot lot permits a duplex or two detached residential lmits. Dimensional Requirements: Other than tIie proposed lot sizes at outlined above, the applicant is currently not proposing any architecture on the lots so there are no other issues with dimensional requirements. The proposed development must comply with the dimensional requirements of the R-6 zone district or the applicant must seek any relevant variances. Residential Design Standards: . No architecture is proposed with the development. The proposed development must . comply with the ReSidential Design Standards or the applicant mllst seek any relevant vanances. Impact fees: Park impact fees and school impact fees will be calculated and must be paid at the time of building permit issuance. Lighting Code: All exterior lighting must comply with Section 26.575.150 of the Land Use Code. AH Mitigation: Any proposed new or reconstructed dwelling units must be mitigated with a cash-in-lieu payment or Accessory Dwelling Units must be pras outlined in Section 26.520. Fees and! or a deed restriction will be required at the time of building permit issuance. f"""l ('"'1 c..., 'IA '+ \\..(\ 1/ c:YVtIVJI U RESOLUTION NO.9 (SERIES OF 2003) A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING COMMISSION RECOMMENDING THAT CITY COUNCIL APPROVE THE PROPOSAL TO SUBDIVIDE LOTS 4A AND SA, OF THE INDEPENDENCE NO.2 SUBDIVISION TO CREATE LOTS 1, 2, AND 3, OF THE PARK-DALE SUBDIVISION, CITY OF ASPEN, PITKIN COUNTY, COLORADO. Parcel ID: 2737-181-33-051 Parcel ID: 2737-181-33-052 WHEREAS, the Community Development Department received an application from Coast Pacific Asset Management, Inc, represented by Mitch Haas, requesting to subdivide Lots 4A and 5A, of the Independence No.2 Subdivision to create Lots 1, 2, and 3, of the Park-Dale Subdivision; and, WHEREAS, the subject properties are zoned R-6 (Medium-Density Residential); and, WHEREAS, the proposed lots are to contain 6,000 square feet (Lot 1), 6,921 square feet (Lot 2), and 9,000 square feet (Lot 3) respectively; and, WHEREAS, upon review of the application, and the applicable code standards, the Commnnity Development Department recommended approval, with conditions, of the proposed subdivision; and, WHEREAS, during a duly noticed public hearing on March 18, 2003, the Planning and Zoning Commission approved a resolution, by a five to one (5-1) vote, recommending that City Conncil approve the proposed Subdivision with conditions; and, WHEREAS, the Aspen Planning and Zoning Commission has reviewed and considered the development proposal nnder the applicable provisions of the Municipal Code as identified herein; and, WHEREAS, the Planning and Zoning Commission finds that the development proposal meets or exceeds all applicable development standards and that the approval of the development proposal, with conditions, is consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS, the Planning' and Zoning Commission fmds that this resolution furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ASPEN PLANNING AND ZONING COMMISSION AS FOLLOWS: Section 1: Pursuant to the procedures and standards set forth in Section 26.480 ofthe City of Aspen Land Use Code, the Planning and Zoning Commission recommends that City Conncil r'\ " ;! f"""l \. .j approve the application to subdivide Lots 4A and 5A, of the Independence No.2 Subdivision to create Lots 1,2, and 3, of the Park Dale Subdivision, with the following conditions: 1. The applicant shall record a subdivision plat and agreement that meets the requirements of Land Use Code Section 26.480 within 180 days of approval. 2. The applicant shall grant to the City of Aspen a five (5) foot wide general easement for future City approved improvements and snow storage along the southern property line of Lot 3 pursuant to the terms that are set forth in the approved right-of-way improvements agreement. The dedication of this easement shall not affect the lot area for purposes of calculating allowable FAR, density, or other dimensional requirements. Additionally, the required setbacks shall be calculated from the property line. The applicant shall improve this easement with a compacted gravel shoulder along Dale Avenue to provide roadside drainage and pavement protection. This easement shall be dedicated on the final subdivision plat. 3. The applicant shall sign a sidewalk, curb, and gutter agreement to install future City approved sidewalk, curb, and gutter on the adjoininglsurronnding right-of-ways prior to recording a subdivision agreement and plat. 4. The applicant shall relocate the existing sewer line that runs nnder the proposed Lot 3 along Dale Avenue back into the Dale Avenue Right- of-Way at the applicant's expense prior to issuance of a building permit on Lot 3 of the subdivision. The sewer line shall be relocated in a manner that allows for a ten (10) foot separation distance to be maintained between the water and sewer lines. 5. The applicant shall install a fire sprinkler system that meets the requirements of the Fire Marshal in any of the proposed residences that exceed a gross floor area of 5,000 square feet. 6. The applicant shall comply with the City of Aspen Water System Standards, with Title 25, and with the applicable standards of Title 8 (Water Conservation and Plumbing Advisory Code) of the Aspen Municipal Code, as required by the City of Aspen Water Department. 7. The applicant shall comply with the Aspen Consolidated Sanitation District's rules and regulations. No clear water connections (roof, fonndation, perimeter drains) to ACSD lines shall be allowed. All improvements below grade shall require the use of a pumping station. r", 8. The residences to be developed on the newly created lots shall meet the R-6 Zone District's dimensional requirements and comply with the residential design stand:)Ids or obtain a variance therefrom. 9. The applicant shall pay a proportionate amonnt of all applicable impact (Park Development Impact and School Land Dedication) fees prior to issuance of a building permit for each residence within the subdivision. 10. The applicant shall install an undergronnd outlet and streetlight circuit from the transformer located adjacent to Park Avenue and E. Hopkins A venue when the overhead utility lines are placed nndergronnd. 11. Vehicular access to the two (2) units to be constructed on Lot 3 shall be from a common driveway that enters off of Dale Avenue. 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 Planning and Zoning Commission or City Conncil, 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 resolution shall not effect any existing litigation and shall not operate as an abatement of any action or proceeding now pending nnder or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded nnder 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.. APPROVED BY the Planning and Zoning Commission of the City of Aspen on this 18th day of March, 2003. APPROVED AS TO FORM: COMMISSION: PLANNING AND ZONING Q~ \ Ci Attorney - Jv- ~~ -r*- Jasmine Tygre, Chair ' (""'; ,-, l ATTEST: tl ASPEN PLANNING": ZONING COMMISSION -Minutes MARCH 18, 20()3 design has come in a positive direction but the west side of the building was still under treated with scale, mass and articulation. ( MOTION: Eric Cohen moved to continue the public hearing for th~ Dancing Bear Lodge Minor PUD, Rezoning, Mountain View Plane, Timeshare, Subdivision, and GMQS Exemptions for Lodge Preservation and Affordable Housing to April 8, 2003; seconded by Roger Haneman. Roll call vote: Kruger, yes; Johnson, yes; Johns, yes; Haneman, yes; Cohen, yes; Tygre, yes, APPROVED 6-0. PUBLIC HEARING: PARK-DALE SUBDIVISION Jasmine Tygre opened the public hearing for the Park-Dale Subdivision. David Hoefer stated that the affidavit of notice met the jurisdictional requirements. James Lindt provided amended conditions to the commission, which he explained and appear in the motion for the approved resolution. Lindt said that the applicant was Coast Pacific Asset Management Inc., who requested approval to reconfigure lots 4A and 5A of the Independence No.2 Subdivision (1180 Dale Avenue and 215 Park Avenue). The reconfiguration would include two 6,000 square foot lots with a single-family house on each lot and one 9,000 square foot lot with duplex or 2 residential dwelling units that meet the R-6 dimensional requirements. Lindt noted the access for the 9,000 square foot lot would be for one unit off Dale and one unit off Park; stafftook issue With that proposal. Lindt said that the proposed development application was in conjunction with a City Council approval to relocate Dale Avenue back into the platted right-of-way; currently Dale Avenue sits on Lot 5A. The city engineer requested a 5- foot easement for purposes of a buffer zone for future improvements such as sidewalks. Council determined that it was not an appropriate time to install sidewalks. Staff requested the use of a common driveway for the 9,000 square foot lot rather than 2 accesses and curb cuts. Mitch Haas provided the history of the lots noting that there were 3 lots originally with a slightly different configuration for this proposal. Haas mentioned that in the R-6 zone currently 4 dwelling units could be placed on 2 lots but their proposal was for 4 dwelling units on 3 lots, which they felt to be a more orderly . development pattern and better for the client. Haas stated that the client did riot want to give the; 5-foot easement back to the city because there were not sidewalks planned in this area and the neighborhood did not want sidewalks. Haas stated that there was already a 40-foot right-of-way that they were using 21 feet of and did not 8 > ~ ,~ ,. ATTACHMENT 7 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: Po lrk- f) oj If _ C; U /[) SCHEDULED PUBLIC HEARI~G DATE: if;/25fI03 , Aspen, CO ,200_ STATE OF COLORADO ) ) ss. County of Pitl<in ) I, Jr?! \;V\ ~c~ '/_;!/\ ~+ (name, please print) being or representing an Applicant to the Ity of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) of the Aspen Land Use Code in the following manner: Xpublication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen at least fifteen (15) days prior to the public hearing. A copy of the publication is attached hereto. _ Posting of notice: By posting of notice, which form was obtained from the Commnnity Development Department, which was made of suitable, waterproof materials, which was not less than twenty-two (22) inches wide and twenty-six (26) inches high, and which was composed oflerters not less than one inch in height. Said notice was posted at least fifteen (15) days prior to the public hearing and was continuously visible from the _ day of ,200_, to and including the date and time of the public hearing. A photograph of the posted notice (sign) is attached hereto. _ Mailing of notice. By the mailing of a notice obtained from the Community Development Department, which contains the information described in Section 26.304.060(E)(2) of the Aspen Larld Use Code. At least fifteen (15) days prior to the public hearing, notice was hand delivered or mailed by first class postage prepaid U.S. mail to any federal agency, state, connty, mnnicipal government, school, service district or otller governmental or quasi ~governmental agency that owns property within three hundred (300) feet of the property subject to the development application. The names and addresses of property owners shall be those on tlle current tax records of Pitkin County as they appeared no more than sixty (60) days prior to the date of the public hearing. A copy of the owners and governmental' agencies so noticed is attached hereto. (continued on next page) ,/"",\ . j r"! V\ \ A...- MEMORANDUM Mayor and City Conncil ;:::~:::,:"::7(y D"e1opm'"' Dire'",c;f Park-Dale Subdivision, 1 st Reading of Ordinance Not{), Series of 2003 TO: THRU: FROM: RE: DATE: April 14, 2003 ApPLICANT fOWNER: Coast Pacific Asset Management, Inc. REPRESENT A TIVE: Mitch Haas, Haas Land Planning LLC. LOCATION: Lots 4A and 5A of the Independence No.2 Subdivision (I 180 Dale Ave. and 215 Park Ave.) CURRENT ZONING: R-6 (Medium-Density Residential) Zone District (Zoning Map that shows property as R/MF has been determined to be in error) PROPOSED LAND USE REQUEST: Subdivision to reconfigure lot lines to create three (3) lots. Photo Above: The picture above is the existing single-family residence located on Lot 4A. SUMMARV: The applicant requests subdivision approval to reconfigure the lot lines of Lots 4A and 5A of the Independence No.2 Subdivision into three (3) lots. The applicant has concurrently applied for an administrative approval of a GMQS Exemption for reconstruction of demolished nnits pursuant to Land Use Code Section 26.470.070(A). In addition, the applicant has applied for administrative approval of a GMQS Photos Above: The picture above is the Exemption to construct a duplex or two (2) existing duplex that is located on Lot 5A. detached dwelling units on one of the newly created lots pursuant to Land Use Code Section 26.470.070(B). ~ ~ ':,~ REVIEW PROCEDURE A development application for subdivision shall be approved, approved with conditions, or denied by City Council after considering a recommendation from the Planning and Zoning Commission and the Community Development Director pursuant to Land Use Code Section 26.480.040, Subdivision. PROJECT SUMMARY; The applicant, Coast Pacific Asset Management, Inc, requests subdivision approval to reconfigure Lots 4A and 5A of the Independence No.2 Subdivision into three (3) lots for the purpose of single-family and duplex development. Lot 4A is located on the southwest corner of Park and E. Hopkins Avenue and contains 9,005 square feet. Lot 5A is located directly to the south of Lot 4A on the northwest corner of Park and Dale Avenues. Lot 5A contains approximately 12,913 square feet. Therefore, the lots together total 21,918 square feet. The abovementioned properties are located in the R-6 (Medium-Density Residential) Zone District. The Official Zone District Map had shown the parcels as being zoned RlMF, but significant research into the zoning of the properties by the applicant and the Commnnity Development Department have determined that the zoning map was in error and that the property had never been rezoned to R/MF by an ordinance. Therefore, staff has made the determination that Lots 4A and 5A are zoned R-6 (please see the Zoning Interpretation that is attached as Exhibit "C"). The applicant would like to re-subdivide Lots 4A and 5A of the Independence No. 2 Subdivision into two (2) lots of just over 6,000 square feet and one lot of slightly more than 9,000 square feet. On the two (2) lots of approximately 6,000 square feet, the applicant would like to construct a single-family residence on each lot that meets the dimensional requirements of the R-6 Zone District. Subsequently, on the lot proposed to be 9,000 square feet, the applicant would like to construct either a duplex or two (2) detached residential dwellings that meet the dimensional requirements of the R-6 Zone District. 2 r-.. ~ The applicant concurrently applied for a GMQS exemption for reconstruction of demolished units that has been approved administratively by the Community Development Director contingent upon subdivision approval to obtain development rights. Currently, there are three (3) residentiallmits located on the two (2) existing parcels. The applicant wishes to demolish the three (3) residential units and replace them with four (4) nnits on the three (3) lots to be created. Therefore, the applicant would be able to reconstruct three (3) units within the subdivision by virtue of gaining an exemption from GMQS for reconstruction of three (3) demolished units. Additionally, the applicant has requested a GMQS exemption pursuant to Land Use Code Section 26.470.070(B), which allows for the "remodel or expansion of a single-family dwelling into a duplex dwelling". Therefore, the applicant could remodel the single-faniily residence to be built on the 9,000 square foot lot into a duplex if the GMQS exemption is approved. This request has also been approved by the Commnnity Development Director contingent upon approval o( the subdivision. The applicant proposes to either pay cash-in-lieu or build an ADU that meets the ADU design standards to satisfy the mitigation requirements of the abovementioned GMQS exemption. In conjunction with the application for subdivision, the applicant has also requested to move a portion of Dale Avenue back into the platted public right-of-way. Currently, a sizable portion of Dale Avenue is located on the southern part of the existing Lot 5A. The applicant has already received approval of a right-of-way improvements agreement from City Conncil to relocate Dale Avenue back into the platted public right-of-way at the applicant's expense. STAFF ANALYSIS: Staff believes that the subject properties are suitable for subdivision. Lots 4A and 5A are relatively flat and contaiI1 no slopes over 20 percent. Staff also feels that proposed single- family and duplex residential uses are compatible with the uses in the immediate vicinity given that the majority of the development in the general neighborhood consists of single- family and duplex residential structures. In addition, the proposed lots are located near an existing RFT A bus route with a bus stop that is located at the intersection of Park Avenue and E. Hopkins. The site is also within walking distance of the Commercial Core as the applicant has pointed out in the application. Staff also believes that the applicant may obtain development rights for the four (4) proposed residential nnits in the manner that was detailed in the proposal summary above. Therefore, the Commnnity Development Director has approved the proposed GMQS exemptions contingent on the approval of the subdivision. The GMQS exemption approval allows the applicant to use reconstruction credits for the development of three, (3) of the proposed nnits. The fourth unit was granted a GMQS exemption for expanding one of the single-family residences to be constructed, into a duplex pursuant to Land Use Code Section 26.470.070(B). As a condition of approval of the administrative GMQS exemptions, the applicant is required to meet one of the mitigation options that are set forth in Land Use Code Section 26.470.070(B) for each of the residential units to be constructed. SCHOOL LAND DEDICATION: The applicant is subject to school land dedication for the addition of the residential nnits to be developed within the proposed subdivision pursuant to Land Use Code Section 26.630. o ~ t""', I) The applicant has proposed to pay cash-in-lieu of dedicating land. The amount of the required cash-in-lieu payment is based on the following equation: Cash Payment=Market Value of the Land Proposed for Subdivision x Land Dedication Standard (based on number of bedrooms proposed) x 0.33 In this instance, the amonnt of the required cash-in-lieu payment cannot be determined at this time because the proposed residences have not been designed. Therefore, the dedication amonnt cannot be determined because it is calculated based on the number of bedrooms being proposed within the subdivision, which is still an uncertainty. The applicant has consented to paying the applicable school land dedication fee at the time of building permit issuance for each residence on a proportional basis and this is reinforced by a condition of approval. Thus, staff believes that the proposal will meet the land dedication standard. RELOCATION OF DALE AVENUE AND RELATED ISSUES: As was stated in the summary of the proposal, the applicant is proposing to relocate Dale Avenue off of the southern portion of Lot 5A and into the platted public right-of-way. The applicant has reached an agreement with the City Engineering Department and City Council to relocate Dale Avenue at the applicant's expense. As a result of the approved relocation, Dale A venue will be reduced slightly in width to twenty-one (21) feet. In reviewing the right-of-way improvements agreement to relocate Dale Avenue, City Conncil indicated that they did not feel that curb and gutter was appropriate for the neighborhood at this time. Conditions 12, 13, and 14 have been proposed to protect the new pavement on Dale Avenue. In a related matter, the Aspen Sanitation District is requiring that the applicant either grant the District an easement to accommodate the existing sewer line that crosses about twenty (20) feet into the southeast corner of the proposed Lot 3 or relocate the existing sewer line to within the public right-of-way at the applicant's expense. The applicant has chosen the option of relocating the sewer line into the public right-of-way. As part of the relocation of the line, the Sanitation District has required that the applicant maintain a ten (10) foot setback off of the water line that currently exists in the public right-of-way. Therefore, staff has proposed a condition of approval that requires that the applicant relocate the sewer line completely into the right-of-way at the applicant's expense prior to issuance of a building permit on Lot 3 of the proposed subdivision. VEHICULAR ACCESS: The applicant is proposing to access the northern lot (proposed Lot 1) by way of E. Hopkins Avenue as it is currently accessed. Access to the middle lot (proposed Lot 2) is proposed by way of Park Avenue and access to the southern lot (proposed Lot 3) is proposed from two (2) separate driveways, one driveway to be accessed off of Park Avenue and one driveway to be accessed from Dale Avenue. A discussion issue has arisen regarding whether the two (2) separate driveways should be allowed on Lot 3. The Planning and Zoning Commission recommended that City Conncil include a condition of approval that requires a common driveway be constructed for the two (2) nnits on Lot 3 and that the common driveway access the lot by way of Dale Avenue. This condition was recommended to the Commission by staff because at first glance we thought it would likely limit the amonnt ofhardscape and pavement on the site. 4 I I I f1 f) However, after the Planning and Zoning Commission hearing, staff reconsidered the likely site plan alternatives that might occur if it is required that the applicant access both units from a common driveway by way of Dale A venue. Staff concluded from this exercise that if a common driveway from Dale A venue is required, more hardscape and pavement might actually be likely because the garages for both units would be consolidated in one area on the site. Staff believes that the consolidation of the garages on the site would require a large strip of parking and maneuvering space adjacent to the garages, and thus, would yield more pavement and hardscape than if two separate driveways were allowed on Park Avenue and Dale Avenue. Therefore, staff has modified Condition No. 11 in the proposed ordinance from that which is included in the Planning and Zoning Commission Resolution to allow for separate driveways to exist from Park Avenue and Dale Avenue for the two (2) units to be constructed on Lot 3. However, the modified condition does negate the ability of the applicant to create a circular drive by connecting the driveways from Park and Dale Avenues. Additionally, the modified condition of approval takes into acconnt the safety concern of having two (2) driveways access off of Park Avenue in close proximity on Lots 2 and 3 by requiring a safe distance be maintained from the two (2) driveways. REFERRAL AGENCY COMMENTS: The City Engineer, Fire Marshal, Water Department, Aspen Sanitation District, Streets Department, and the Parks Department have all reviewed the proposed subdivision. The referral agencies' comments have been included as proposed conditions of approval as the Planning Staff has deemed appropriate. PLANNING AND ZONING COMMISSION RECOMMENDATION: The Planning and Zoning Commission reviewed the application and recommends that City Conncil approve the proposed subdivision with the conditions set forth in their attached resolution. STAFF RECOMMENDATION: Staff recommends that City Conncil approve the proposed subdivision with the conditions set forth in the attached ordinance to allow for the resubdivision of Lots 4A and 5A of the Independence No.2 Subdivision into Lots 1,2, and 3 of the Park-Dale Subdivision. RECOMMENDED MOTION (ALL MOTIONS ARE PROPOSED IN THE AFFIRMATIVE): "I move to approve Ordinance No. ,j{!), Series of 2003, approving the Park-Dale Subdivision with conditions." ATTACHMENTS: Exhibit A -- Review Criteria and Staff Findings Exhibit B -- Application Exhibit C -- Zoning Interpretation Exhibit D -- Referral Comments Exhibit E -- Planning and Zoning Commission Resolution 5 r'\ !) ORDINANCE No.:2f) (SERIES OF 2003) AN ORDINANCE OF THE ASPEN CITY COUNCIL APPROVING THE SUBDIVISION OF LOTS 4A AND SA, OF THEINDRPEffl'RNCEI'W::i.' SUBDIVISION TO CREATE LOTS 1, 2, AND 3, OF THE PARK-DALE SUBDMSION, CITY OF ASPEN, PITKIN COUNTY, COLORADO. ParcellD: 2737-181-33-051 ParcellD: 2737-181-33-052 WHEREAS, the Community Development Department received an application from Coast Pacific Asset Management, Inc, represented by Mitch Haas, requesting to subdivide Lots 4A and SA, of the Independence No.2 Subdivision to create Lots 1,2, and 3, of the Park-Dale Subdivision; and, WHEREAS, the subject properties are zoned R-6 (Medium-Density Residential); and, WHEREAS, the proposed lots are to contain 6,000 square feet (Lot 1), 6,921 square feet (Lot 2), and 9,000 square feet (Lot 3) respectively; and, WHEREAS, upon review of the application, and the applicable code standards, the Community Development Department recommended approval, with conditions, of the proposed subdivision; and, WHEREAS, the Fire Marshal, Aspen Consolidated Sanitation District, the City Water Department, the City Engineering Department, and the City Parks Department have reviewed the application and provided referral comments; and, WHEREAS, during a duly noticed public hearing on March 18, 2003, the Planning and Zoning Commission approved by a five to one (5-1) vote, a resolution recommending that City Conncil approve the proposed Subdivision with conditions; and, WHEREAS, the Aspen City Conncil has reviewed and considered the development proposal nnder the applicable provisions of the Mnnicipal Code as identified herein, has reviewed and considered the recommendation of the Community Development Director, the applicable referral agencies, the Planning and Zoning Commission, and has taken and considered public comment at a public hearing; and, WHEREAS, the City Conncil finds that the development proposal meets or exceeds all applicable development standards and that the approval of the development proposal, with conditions, is consistent with the goals and elements of the Aspen Area Commnnity Plan; and, WHEREAS, the City Conncil finds that this Ordinance furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT ORDAINED BY THE ASPEN CITY COUNCIL AS FOLLOWS: r; () fonndation, perimeter drains) to ACSD lines shall be allowed. All improvements below grade shall require the use of a pumping station. 9. The residences to be developed on the newly created lots shall meet the R-6 Zone District's dimensional requirements and comply with the residential design standards or obtain a variance therefrom. 10. The applicant shall pay a proportionate amount of all applicable impact (Park Development Impact and School Land Dedication) fees prior to issuance of a building permit for each residence within the subdivision. 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 Planning and Zoning Commission or City Conncil, are hereby incorporated in such plan development approvals and the same shall be complied with as iffully set forth herein, unless amended by an authorized entity. Section 3: This resolution shall not effect any existing litigation and shall not operate as an abatement of any action or proceeding now pending nnder or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded nnder such prior ordinances. Section 4: If any section, subsection, sentence, clause, phrase, or portion of this resolution is for any reason held invalid or nnconstitutional 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. APPROVED BY the Planning and Zoning Commission of the City of Aspen on this 18th day of March, 2003. APPROVED AS TO FORM: COMMISSION: PLANNING AND ZONING City Attorney Jasmine Tygre, Chair . - f"""'\ ATTEST: Jackie Lothian, Deputy City Clerk f"""l I I I I i /"""'I ~ REVIEW CRITERIA & STAFF FINDINGS Section 26.480 of the City Land Use Code provides that development applications for Subdivision must comply with the following standards and requirements. Subdivision 1. The proposed subdivision shall be consistent with the Aspen Area Comprehensive Plan. Staff Finding Staff believes that the proposed subdivision is consistent with many aspects of the Aspen Area Commnnity Plan. The properties to be subdivided are located close to the core area of town, which should encourage the residents to use alternative means of transportation such as walking and riding their bicycles as is encouraged by the AACP. Moreover, the proposed subdivision is located near a RFT A bus line and is within a half-mile radius of a transit node as is identified on the AACP's future land use map, which should promote the use of public transportation upon it's inhabitants. In addition, the applicant has proposed to provide the employee housing mitigation in the form of either constructing ADUs that meet the ADU design standards or by paying cash-in-lieu is consistent with the Growth Management Quota System requirements and the affordable housing goals set forth in the AACP. Staff finds this criterion to be met. 2. The proposed subdivision shall be consistent with the character of existing land uses in the area. Staff Finding Staff believes that the proposed single-family and duplex residential land uses are consistent with the existing land uses in the immediate area. The subject property is surronnded on three (3) sides by properties that are zoned R-6 and contain single-family and duplex residential properties. Additionally, the proposed residences will be required to meet the residential design standards, which is consistent with all new development that is allowed to occur in the area. Staff finds this criterion to be met. 3. The proposed subdivision shall not adversely riffect the future development of surrounding areas. Staff Finding Staff does not feel that the proposed subdivision will adversely affect the future development of surronnding properties. The structures that are proposed within the subdivision will be required to meet the R-6 Zone District requirements as are other neighboring lands and will not encroach onto any of the surronnding properties. Staff finds this criterion to be met. 4. The proposed subdivision shall be in compliance with all applicable requirements of this Title. 6 I I I I , , i ~ Staff Finding The applicant is proposing to meet the residential design standards and all of the R-6 Zone District requirements with proposed development. In addition, the applicant has been approved for GMQS exemptions for the development off our (4) nnits pursuant to Land Use Code Section 26.470.070(B). Staff finds this criterion to be met. t"".. f"""l B. Suitability of Land for Subdivision a. Land suitability. The proposed subdivision shall not be located on land unsuitablefor development because ofjlooding, drainage, rock or soil creep, mudjlow, rockslide, avalanche or snowslide, steep topography or any other natural hazard or other condition that will be harmful to the health, safety, or welfare of the residents in the proposed subdivision. b. Spatial pattern efficient. The proposed subdivision shall not be designed to create spatial patterns that cause inefficiencies, duplication or premature extension of public facilities and unnecessary public costs. Staff Finding Staff believes that the properties are suitable for subdivision. The site contains no steep topography and no known geologic hazards that may harm the health of any of the inhabitants of the proposed development. In addition, staff believes that there will not be a duplication or premature extension of public facilities because the property to be subdivided is already served by adequate public facilities. Therefore, staff finds this criterion to be met. C. Improvements. The improvements setforth at Chapter 26.580 shall be providedfor the proposed subdivision. These standards may be varied by special review (See, Chapter 26.430) if the following conditions have been met: 1. A unique situation exists for the development where strict adherence to the subdivision design standards would result in incompatibility with the Aspen Area Comprehensive Plan, the existing, neighboring development areas, and/or the goals of the community. 2. The applicant shall specify each design standard variation requested and provide justification for each variation request, providing design recommendations by professional engineers as necessary. Staff Finding Staff has proposed a condition of approval that requires the applicant to install a crush on fine gravel path in the public right-of-way abutting Park Avenue and in the five (5) foot wide sidewalk easement that is requested to be granted on Lot 3 along Dale Avenue. Additionally, the applicant has consented in the application to meet the applicable improvements pursuant to Section 26.580. Staff finds this criterion to be met. D. Affordable housing. A subdivision which is comprised of replacement dwelling units shall be required to provide affordaMe housing tn compliallcewiih the requirements of Chapter 26.520, Replacement Housing Program. A subdivision which is comprised of new dwelling units shall be required to provide affordable housing in compliance with the requirements of Chapter 26.470, Growth Management Quota System. Staff Finding The applicant has concurrently applied for GMQS exemptions for reconstruction of demolished nnits and to expand a single-family residence into a duplex. Staff has the authority to review each of the GMQS exemptions at an administrative level and has already 7 I""';, (') done so contingent upon approval of the proposed subdivision. Staff requires that the applicant meet the mitigation requirements as set forth in Land Use Code Section 26.470.070(B). In addition, the land to be subdivided does not contain any multi-family dwelling nnits. Therefore, the applicant will not be subject to the Multi-Family Housing Replacement Program. Staff finds this criterion to be met. E. School Land Dedication. Compliance with the School Land Dedication Standards setforth at Chapter 26.630. Staff Finding The proposed subdivision is required to meet the School Land Dedication Standards pursuant to Land Use Code Section 26.630. The applicant has proposed to pay cash-in-lieu of providing land. In this instance, the amonnt of the required cash-in-lieu payment cannot be determined at this time because the proposed residences have not been designed. Therefore, the dedication amonnt cannot be determined because it is calculated based on the number of bedrooms being proposed in the subdivision, which is still an nncertainty. The applicant has consented to paying the applicable school land dedication fee at the time of building permit issuance for each residence on a proportional basis. Thus, staff finds this criterion to be met. F. Growth Management Approval. Subdivision approval may only be granted to applications for which all growth management development allotments have been granted or growth management exemptions have been obtained, pursuant to Chapter 26.470. Subdivision approval may be granted to create a parcel(s) zoned Affordable Housing Planned Unit Development (AH-PUD) without first obtaining growth management approvals if the newly created parcel(s) is required to obtain such growth management approvals prior to development through a legal instrument acceptable to the City Attorney. (Ord. No. 44-2001, 92) Staff Finding The applicant has concurrently applied for GMQS exemptions for reconstruction of demolished units and to expand a single-family residence into a duplex. Please see staff s response to Review Standard "D" for staffs response. 8 1"". ~ f;.t<01'b; 1- \"C ff () ASPENIPITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT ZONING INTERPRETATION JURISDICTION: City of Aspen APPLICABLE CODE SECTION: Current Zoning of Lots 4-A and 5-A, Independence #2 Subdivision EFFECTIVE DATE: October 17,2002 """ j, ,j \-.;.""r 10;; 7/... '--' A^ ,. 0 i/'VtO ~ "v4t OCt' Ot.-<::- '11&'-;/'<2 ~? - "<) C'/" ~t< , <?O-?~ 'Yr:. ....,... Vc v~ ''1'( '10',,& 1/0- * r.y~" Mitch Haas, of Haas Land Planning, approached staff on September 26, 2002 to determine Ie., the zoning of Lots 4-A and 5-A of the Independence #2 Subdivision. The most recent ordinance rezoning the property is inconsistent with the Official Zoning Map and tlle Commmnnity Development Department has been asked to determine the current zoning of the property. WRITTEN BY: APPROVED BY'9 " CC: Sarah Oates, City Zoning Officer O'-'L..{.... 1--. DATE: GIS SUMMARY: BACKGROUND: The Independence Subdivision was subdivided into 6 lots in 1957 and at the time the entire area was zone R-6. At some point between 1968 and 1975 the area was rezoned to R-15. Lot 1 is currently zoned R-15 PUD and Lots 2 and 3 are zoned R-15. All six lots remained zoned R-15 during a 1975 rezoning, which changed most of the lots in the area back to R-6, because of concerns relating to access and density. In 1979, the current owner of Lots 4-A and 5-A applied for a rezoning of the property from R-15 to R-6 so that the density on the lots could be increased. At the time, the current Lots 4-A and 5-A were Lots 4, 5 and 6 of the Independence Subdivision. Rezoning of the property to R-6 was approved on Jnne 11, 1979 with Ordinance 31 of 1979. The subsequent combining of the lots required a subdivision exemption which was approved. The subdivision and rezoning were revisited and re-approved by City Council on May 12, 1980 because the plat had not been recorded in the required timeframe. Once the plat was recorded, in July 1980, Lots 4, 5, and 6 became Lots 4-A and 5-A ofIndependence #2 Subdivision, zoned R-6. "'.',.,P' ~""'" 'tS:I (,"')', '\J ) <o.;.~ A 1"""\ -} The Commnnity Development Department has on record a zoning map which originated in 1975 and the final revision was dated February 1980. The next map on record with the department has an unknown origin date but was revised beginning in 1983 through 1988. Both maps show Lots 4-A and 5-A of the Independence #2 Subdivision being zoned as RMF. Staff has been unable to find any ordinances after Ordinance 31 of 1979 which would have rezoned the property. The property was rezoned in Jnne 1979 and the next revision of the map was February 1980. At no point during that time period was the Independence #2 Subdivision rezoned per the ordinances on file in the City Clerk's Office. Staff also has been nnable to find any rezoning of the property since that time. Staffwas able to find a 1980 rezoning ofIndependence Subdivision, Block 61, Lots C, D and West Yz ofE (located on the corner of Hyman and Garmisch) from RMF to RMF RB and perhaps there was some sort of mix-up as to which Independence Subdivision was rezoned. This subdivision has subsequently been renamed to the Eagle's Nest Subdivision, which will hopefully prevent any further confusion. INTERPRETATION: Based on the records in the City Clerk's Office and the Community Development Department, staff believes the current zoning map is in error and Lots 4-A and 5-A of Independence Subdivision are zonedR-6 as approved in Ordinance 31 of 1979. '.'", A r :: ~ r'\ 'CJJ '0 RECORD OF PROCEEDINGS 100 Leaves '_" C.'._Clln.I.I.I'-C~ ORDINANCE NO. ~ (Series of 1979) AN ORDINANCE AMENDING THE ZONING DISTRICT MAP OF THE CITY OF ASPEN, COLORADO, SEC. 24-2.2 BY CHANGING THE ZONING OF LOTS 4,5 AND 6 OF INDEPENDENCE SUBDIVISION FROM R-15 to R-6 WHEREAS, the Aspen City Council has been presented with a recommendation from the Planning and Zoning Commission to amend Section 24-2.2 of the Municipal Code. and WHEREAS, the City Council wishes to adopt the same for the benefit of the City of Aspen, , NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: /""3" r .. \. .: Section 1 Section 24-2.2 (Zoning District Map) is hereby amend~d by changing the zoning in the following described area from R-15 to R~ 6 : Lots 4, 5 and 6 Independence Subdivision located in the City of Aspen, Colorado Section 2 If any provision of this ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or application of the ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are declared to be severable. Section 3 That a public hearing be held on this ordinance on ~// , 1979, at 5:00 PM in the City Council Chambers, Aspen City Hall, Aspen, Colorado, 15 days , '-,,' prior to which hearing notice of the same shall be published @ ::"~~~..' 1""'\ , :::.~., . ,"',. " /""\' .~.~;: ~~,,~::, RECORD OF PROCEEDINGS 100 Leaves _.. c.'....._na......c... ("') ~.:.y once 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, Colorado, at held at the City of Aspen on the ;'~ its regular meeting ~ day of , 1979. f!L1liiI~X/1 Mayor ATTEST: K1x~;, ';;c~ ../ kJ r~ FINALLY adopte9, passed and approved'on the /;,10 day of Stacy Mayor III ~ ATTEST:,' ~^-'- ) 4~--". ~ Kathryn S.j,~ch Ci ty Cler][ -2- :(r:r:~ r-, ; ~, ,.,':. .';;/!:' f) ."40I'O'lD PU.L"HIN. ,co.. OCNVa RECORD OF PROCEEDINGS e . STATE OF COLORADO CERTIFICATE ss COUNTY OF PITKIN ... I, . Kathryn S. Koch, City Clerk of Aspen, Colorado, do hereby certify that the above,and foregoing ordinance was introduced, read in full, and passed on '~ reading at a regular meeti~g of the City Council of the City of Aspen on ~~' I'rt , 197~, and published in the Aspen Times a weekly newspaper of general circul- ,"':)'> , Ii'- ," ation, published in the City ~/~ and approved at a regular rn7eting of the City Council on (1- ~ II ort5:nance No. ~ issue of of Aspen, Colorado, in its , 1972, and. was finally adopted , 197 '7. E;erles and ordered published as of 19i2, of sa-id City, as provided by law. IN vHTNESS WHEREOF, I have hereunto set my hand and. the seal ofsaia City of Aspen, Colorado, this~~ ~ day of ~ 1979. J~,i~ SEAL /--~. ~ (~! Deputy City Cle ~ Q~ ; , ........;;. "'" MEMORANDUM ~ ExM: 16;+ 11(j/) To: Development Review Committee From: John Niewoehner, Community Development Engineer, DRC Case load Coordinator Date: February 6, 2003 Re: 2/5/03 DRC MeetinqMinutes: Park-Dale Subdivision Attendees: Mitch Haas, Applicant's Representative James Lindt, Community Development Department Phil Overeynder, Water Department Tom Bracewell, Sanitation District Nick Adeh, Engineering Department Brian Flynn, Parks Department Ed Van Walraven, Fire Department John Niewoehner, Community Development Department At the February 5, 2003 meeting, the Development Review Committee reviewed the proposed plan to create three lots in the vicinity of Park and Dale Avenues. The primary issue concerning the lot split is that the Dale Avenue pavement does not lie within the ROW but runs across the Park-Dale Subdivision. Next Steps for Application: (i) The Applicant will need to address the concerns of the DRC members (namely providing a survey map that shows utilities and proposed easements), (ii) Thereafter the project will go to the Planning and Zoning Commission. (iii) Pending a positive outcome from P&Z, the project will go to City Council for final approval. Comments to Be Included in P & Z Resolution andlor Council Ordinance: These comments are noted below. DRC COMMENTS: 1. En!:!ineerin!:! Department . Movin!:! Dale Avenue: The Applicant must move the paved road into the ROWand construct the road to Engineering and Street Department Standards, (The current plan is to place a curb and gutter along the south property line of lot 3 and to provide 20-foot width of pavement for Dale Avenue,) Wordinq of Resolution: None at this time, This will be done through a ROW agreement between the Applicant and the City Engineer and Attorney. . Sidewalk Easement: Along the Dale Avenue property line of lot 3, the Engineering Department requests a six-foot wide pedestrian easement to accommodate a sidewalk and allow for the maintenance of the curb and gutter. (Nick - To simplify things, can we combine the one-foot wide ROW easement with the five foot sidewalk easement? The sidewalk easement can include language regarding the maintenance of the curb and gutter.) Wordin!:! of Resolution: The applicant shall grant a six (6) foot wide public sidewalk easement along the southern property line of Lot 3, I I I 1 I I I ! I . Location of Sidewalk. Curb and Gutter: As a condition of subdivision, the owners of each proposed lot must install curb and gutter and a five-foot wide crush and fine gravel sidewalk along Park and Dale Avenues. The location and design of the sidewalk, curb and gutter shall conform to the standards of the Engineering Department. The Certificate of Occupancy for the new buildings will be contingent on completion of the sidewalk, curb !""\., n Page 2 of 3 February 6, 2003 Dale-Park Subdivision and gutter. (Nick- (1) We should consider the timing of the construction of the sidewalk, curb and gutter. We could require that the current Corporate Owner of the lots install the sidewalk curb and gutter by a certain date OR we could make in it the responsibility the Owners that build houses on each lot. My concern is that we don't know driveway locations. (2) We'll need to review the drainage related to the curb and gutter.) WordinQ for Resolution: The applicant or lot owners shall install a five-foot wide crush or fine gravel path, as well as, curb and gutter from the southwest corner of E. Hopkins Avenue and Park Avenue to the westernmost property line that abuts Dale Avenue prior to issuance of a certificate of occupancy on any of the residences within the subdivision, . Sidewalk AQreement: The lot owners must agree to pave the sidewalk when required by the City. .A.s a condition the subdivision, tho 8urront Qwnor must sign a si<::!owalk agreement that hold future lot owners reEfl9nsilllo fer maintaining the cryshor fing sidewalk 3m:! installing 3 Fl3ved sidewalk when airectea lly tho City, WordinQ for Resolution: Not needed in resolution since the City now requires homeowners in City Sidewalk Zones to install paved sidewalks if the City requires. . Transformer: The City may request Holy Cross to move the Park Avenue transformer further away from the paved road, Moving the transformer will not be the responsibility or expense of the applicant. However, if the transformer cannot fit in the ROW, an easement will need to be negotiated between the owner and Holy Cross, WordinQ for Resolution: None needed . Gas and Electric Lines in ROW: Status is currently unknown, The location of the gas and electric lines will need to be shown on the improvement survey, WordinQ of Resolution: None . Onsite ParkinQ on Dale Ave. Lot: Adequate room must exist so that outside, onsite parking on lot 3 does not block proposed pedestrian sidewalk. WordinQ of Resolution: None needed 2. Parks Department . Hopkins Ave and Bike Trail: Driveway of northern lot (lot #1) must be designed such that parked cars will not block Hopkins Ave or the bike trail. WordinQ of Resolution: None needed 3. Aspen Sanitation District . Existinq Sewer Line Alonq Dale Avenue: Prior to review by P&Z, the Community Development Engineer and the Sanitation District need to see an accurate survey showing the location of the existing sewer line and the locations of proposed easements, (Where the sewer crosses private property, the easement must extend 10 foot to either side of the pipe,) WordinQ of Resolution: The applicant shall grant a utility easement that meets the approval of the Aspen Sanitation District to accommodate the existing sewer line that crosses Lot 3, or relocate the sewer line into the Dale Avenue Right-of-Way prior to issuance of a building permit for any of the residences within the subdivision, ,..--" ~ 1 MEMORANDUM TO: James Lindt, Planner FROM: Sarah Oates, Zoning Officer RE: Park-Dale Subdivision DATE: January 31, 2003 -------------------------------------------------------~-~~---------------------~--~------------------------ The applicant is proposing to subdivide two lots totaling 21,918 square feet from the existing Independence Subdivision into three lots which comply with the minimum lot size for the nnderlying R-6 zoning. The two 6,000+ square foot lots permit single-family residences and the 9,000 square foot lot permits a duplex or two detached residential nnits. Dimensional Requirements: Other than the proposed lot sizes at outlined above, the applicant is currently not proposing any architecture on the lots so there are no other issues with dimensional requirements. The proposed development must comply with the dimensional requirements of the R -6 zone district or the applicant must seek any relevant variances. Residential Design Standards: No architecture is proposed with the development. The proposed development must comply with the Residential Design Standards or the applicant must seek any relevant variances. Impact fees: Park impact fees and school impact fees will be calculated and must be paid at the time of building permit issuance. Lighting Code: All exterior lighting must comply with Section 26.575.150 of the Land Use Code. AH Mitigation: Any proposed new or reconstructed dwelling nnits must be mitigated with a cash-in-lieu payment or Accessory Dwelling Units must be pr as outlined in Section 26.520. Fees and/or a deed restriction will be required at the time of building permit issuance. Page 3 of 3 February 6, 2003 Dale-Park Subdivision ;-.., ~ Wordin!l of Resolution: The applicant shall comply with the Aspen Sanitation District's rules and regulations. No clear water connections (roof, foundation, perimeter drains) shall be allowed, All improvements below grade shall require the use of a pumping station, . Sewer and Sidewalk Easement: Sewer and Sidewalk easements can overlap, Wordinq of Resolution: None needed. 4. Citv Water Department: . Existinq Water Line Alonq Dale Avenue: Prior to review by P&Z, theCommunity Development Engineer and the Water Department need to see an accurate survey showing the location of the existing water and the locations of proposed easements. (Where the water crosses private property, the easement must extend 10 foot to either side of the pipe. There must be 10 foot of separation between the water pipe and sewer pipe or manhole.) Wordinq of Resolution: The applicant shall grant a water line easement that meets the approval of the City of Aspen Water Department to accommodate the existing water line on Lot 3 prior to issuance of a building permit on any of the residences within the subdivision. Wordinq of Resolution: The applicant shall comply with the City of Aspen Water System Standards, with Title 25, and with the applicable standards of Title 8 (Water Conservation and Plumbing Advisory Code) of the Aspen Municipal Code, as required by the City of Aspen Water Department. 5. Fire Department: . Sprinklers: Sprinklers will be needed if the floor area of any structure is over 5000 sf. Wordin!l of Resolution: The applicant shall install a fire sprinkler system that meets the requirements of the Fire Marshall in any of the proposed residences that exceed a gross floor area of 5,000 square feet. 6. Electric Department: . Holy Cross's underground easements on the existing property will need to be relocated as part of the building permit process to accommodate changes to the electric line, In order to serve a future street light, The City Electric Company requests that a underground outlet and street light circuit be run form the Park Ave, transformer to the a location near the corner of Hopkins and Park Ave. Wordinq of Resolution: The applicant shall install an underground outlet and light circuit from the Park Avenue transformer to the corner of Park Avenue and Hopkins Avenue. IDRC/Dale-Park-Subdiv ~~.~ n n Aspe~tonsolidated Sanitation Dlst:rict Paul Smith * Chairman Michael Kelly * Vice- Chair John Keleher * Sec{rreas February 7, 2003 Frank Loushin Roy Holloway Bruce Matherly, Mgr James Lindt Community Development 130 South Galena Aspen, CO 81611 Re: Park-Dale Subdivision Dear James:' The Aspen Consolidated Sanitation, District currently has sufficient collection and treatment capacity to serve this project., Service is contingent upon compliance ,with the District's rules, regulations, and specifications which are on file at the District office. All associated connection , fees must be paid prior to the issuance of a building permit. The request to lIlove Dale a.venue back into orout ofthe platted right:of -way may create sigilificillitinipacts to the District's system which must be mitigated by the applicant. The public seweJ:1iriein Dale avenue is protected by virtue ofthe fact that the public right-of-way serves as an easement for the line. Moving the easement and exposing the line would require the applicant's granting a standard district ea.sement for the line. The line could also be relocated .atthe applica.nt's expense. If the line does not need to be relocated, ba.sed upon building location, then it may be possible for the new easement to be located in the lot's building setback dependirig upon the size of the required set back. A site improvement survey showing the proposed building footprint(s) and proposed lot line adjustments relative to the existing utilities would be a good place to start. We will require the applicant to pay for all of the impacts that the proposed' development causes to'the public system. I'd encourage the applicant to contact OUr line superintendent, Tom Bracewell, to discuss options ifthe line must be relocated. Please call if you have any questions. Sincerely, ~~<M- :"^h' ""'IQ ~ Bruce at er Y' ,"- . , bistiict~~1Ul,ager _ ' "~'., . ,~,:':;:~.}"'~":~\+~;':;';(";,)":',i;. , 565 N. Mill St., Aspe~, CO 81611/ (970)925-3601/ FAX (970)925-2537 ,-..., f"""l ,j (' I - '\ \ + ,,- r fJ t:::')l V\ I LO \ C RESOLUTION NO.9 (SERIES OF 2003) A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING COMMISSION RECOMMENDING THAT CITY COUNCILAPP:ROVE THE PROPOSAL TO SUBDMDE LOTS 4A AND SA, OFTRE INDEPENDENCE 'NO: 2 SUBDIVISION TO CREATE LOTS 1,2, AND 3,O'FTRE PARK~DALE SUBDIVISION, CITY OF ASPEN, PITKIN COUNTy; COLO:RADO. ParcellD: 2737-181-33-051 Parcel1D: 2737-181-33-052 WHEREAS, the Commnnity Development Department received an application from Coast Pacific Asset Management, Inc, represented by MitchI1aas, requesting to subdivide Lots 4A and SA, of the Independence No.2 Subdivision to create Lots 1,2, and 3, of the Park-Dale Subdivision; and, WHEREAS, the subject properties are zoned R-6 (Medium-Density Residential); and, WHEREAS, the proposed lots are to contain 6,000 square feet (Lot 1), 6,921 square feet (Lot 2), and 9,000 square feet (Lot 3) respectively; and, WHEREAS, upon review of the application, and the applicable code standards, the Commnnity Development Department recommended approval, with conditions, of the proposed subdivision; and, WHEREAS, during a duly noticed public hearing on March 18,2003, the Planning and Zoning Commission approved a resolution, by a five to one (5-1) vote, recommending that City Conncil approve the proposed Subdivision with conditions; and, WHEREAS, the Aspen Planning and Zoning Commission has reviewed and considered the development proposal nnder the applicable provisions of the Mnnicipal Code as identified herein; and, WHEREAS, the Planning and Zoning Commission finds that the development proposal meets or exceeds all applicable development standards and that the approval of the development proposal, with conditions, is consistent with the goals and elements of the Aspen Area Commuuity Plan; and, WHEREAS, the Planning and Zoning Commission 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 OF ASPEN PLANNING AND ZONING COMMISSION AS FOLLOWS: Section 1: Pursuant to the procedures and standards set forth in Section 26.480 of the City of Aspen Land Use Code, the Planning and Zoning Commission recommends that City Council r'j (J approve the application to subdivide Lots 4A and 5A, of the Independence No.2 Subdivision to create Lots 1,2, and 3, of the Park Dale Subdivision, with the following conditions: 1. The applicant shall record a subdivision plat and agreement that meets the requirements of Land Use Code Section 26.480 within 180 days of approval. 2. The applicant shall grant to the City of Aspen a five (5) foot wide general easement for future City approved improvements and snow storage along the southern property line of Lot 3 pursuant to the terms that are set forth in the approved right-of-way improvements agreement. The dedication of this easement shall not affect the lot area for purposes of calculating allowable FAR, density, or other dimensional requirements. Additionally, the required setbacks shall be calculated from the property line. The applicant shall improve this easement with a compacted gravel shoulder along Dale A venue to provide roadside drainage and pavement protection. This easement shall be dedicated on the final subdivision plat. 3. The applicant shall sign a sidewalk, curb, and gutter agreement to install future City approved sidewalk, curb, and gutter on the adjoining/surronnding right-of-ways prior to recording a subdivision agreement and plat. 4. The applicant shall relocate the existing sewer line that rnns under the proposed Lot 3 along Dale Avenue back into the Dale Avenue Right- of- Way at the applicant's expense prior to issuance of a building permit on Lot 3 of the subdivision. The sewer line shall be relocated in a manner that allows for a ten (10) foot separation distance to be maintained between the water and sewer lines. 5. The applicant shall install a fire sprinkler system that meets the requirements of the Fire Marshal in any of the proposed residences that exceed a gross floor area of 5,000 square feet. 6. The applicant shall comply with the City of Aspen Water System Standards, with Title 25, and with the applicable standards of Title 8 (Water Conservation and Plumbing Advisory Code) of the Aspen Municipal Code, as required by the City of Aspen Water Department. 7. The applicant shall comply with the Aspen Consolidated Sanitation District's rules and regulations. No clear water connections (roof, foundation, perimeter drains) to ACSD lines shall be allowed. All improvements below grade shall require the use of a pumping station. .r"\ n 8. The residences to be developed on the newly created lots shall meet the R-6 Zone District's dimensional requirements and comply with the residential design standards or obtain a variance therefrom. 9. The applicant shall pay a proportionate amonnt of all applicable impact (Park Development Impact and School Land Dedication) fees prior to issuance of a building permit for each residence within the subdivision. 10. The applicant shall install an nndergronnd outlet and streetlight circuit from the transformer located adjacent to Park Avenue and E. Hopkins A venue when the overhead utility lines are placed undergronnd. 11. Vehicular access to the two (2) nnits to be constructed on Lot 3 shall be from a common driveway that enters off of Dale Avenue. 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 Planning and Zoning Commission or City Conncil, are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, nnless amended by an authorized entity. Section 3: This resolution shall not effect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded nnder such prior ordinances. Section 4: If any section, subsection, sentence, clause, phrase, or portion of this resolution is for any reason held invalid or nnconstitutional 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. APPROVED BY the Planning and Zoning Commission of the City of Aspen on this 18th day of March, 2003. APPROVED AS TO FORM: COMMISSION: PLANNING AND ZONING City Attorney Jasmine Tygre, Chair . ~ "" ,-, f"""l .;" "'J . ! AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: 215 pAiJ( fJr"g.& lien OA~ Ave. SCHEDULED PUBLIC HEARING DATE: ~. Z~, o~ (~IL 213') , Aspen, CO ,200~ STATE OF COLORADO ) ) ss. County of Pitkin ) I, fflIT~t\...L ~~ (name, please print) being or representing an Applicant to the City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) of the Aspen Land Use Code in the following manner: Publication of notice: By the publication in the legal notice section of an official - paper or a paper of general circulation in the City of Aspen at least fifteen (15) prior to the public hearing. A copy of the publication is attached hereto. ,.... ~.."..ci::,.;. ','.. Posting of notice: By posting of notice, which form was obtained from the Comm, un, ity Development Department, which was made of suitable, ".......,.....:,.....jr,'..... .', ',.. ',,' ",aterpr()of materials, which.\Vas notless than twenty~two (22) inches wide and t\yenty-six (26) inches Iilgh, andwhlch was composed ofletters not less than one inch in height. Said notice was posted at least ten (10) days prior AP the PUb, l,iC heari. ng and, was., c,ontin" ,UOUSlY", viS"ibl,e from, the ',o.~ay of Itll. , 200:L to and including the date and time of the public hearing. A photograph of the posted n.otice (sign) is attached hereto. -L Mailing of notice. By the mailing of a notice obtained from the Commnnity ~/b/o~ Development Department, which contains the information described in Section f 26.304.060(E)(2) of the Aspen LllJ1d {jse Code: At least tell. (10) days prior to the public hearing, notice was hlU.1d. delivered or mailed by first class, postage prepaid U.S. mail to all owners of property within three ~Ul1dred (300) feet of the property subject to the development application, and, at least fifteen (15) days prior to the public hearing, notice was hand.delivered or mailedbynrst class postage prepaid U.S. mail to any federal agency, state, county, mnnicipal government, school, service district or other governmental or quasi-governmental agency that owns property within three hundred (300) feet of the property subject to the development applicatiOn. The. names and addresses of properfyowners shall be those on the current tax records of Pitkin Connty as they appeared no more than sixty (60) days prior to the date otthe public heating. A copy of the owners and governmental agencies so noticed is attached hereto. .' (continued on next page) ." ,/,,\ ! . 1,,\ , Rezoning or text amendment. Whenever the official zoning district map is in any way to be changed or amended incidental to or as part of a general revision of this Title, or whenever the text of this Title is to be amended, whether such revision be made by repeal of this Title and enactment of a new land use regulation, or otherwise, the requirement of an accurate survey map or other sufficient legal description of, and the notice to and listing of names and addresses of owners of real property in the area of the proposed change shall be waived. However, the proposed zoning map has been available for public inspection in the planning agency during all business hours for fifteen (15) days prio, '0 <h, publi, hoMiog 00 ~b =~~ Signature The foregoing "Affidavit of Notice" was acknowledged before me this ~day of 0 fD; " , 20OJ...., by \'(\ .tdll..LlI H.l'\.n ~ Sl:)~"'~:';Ji .~~jl:h WITNESS MY HAND AND OFFICIAL SEAt /~ i~.":::~'Jt,(,"'. "\H"'~... -.. t. -. ....:,. ,~'-',' '. ..~~ ~ ......(,.:.;.":.:" My commission expires: ~ 6l.:.:: {) / !l , 2 \~f ~ ~J : () . ;;;! i <.' i , G '..., ' .., I' .;:w '('.~ :ItZ5/' .... ..... ,. '. c " ," ...... ~~ ," . '\" > ...... " ~...~.<:~, ,~~,;' ~/'" ......., . <, ")'! ~~ ," <, , " ;. ~t' ';/"~J! .', '., <"'_ ~ ,:~ '.;\' ,-.," r, ,_ (~{ ,\ ,.1". PI ) LISTOFTHl ; NOTICED l.f.l0.o~ t"""\..\ f"""l '1 . PUBLIC NOTICE RE: PARK-DALE SUBDIVISION NOTICE IS HEREBY GIVEN that a public hearing will be held on Monday, April 28, 2003 at a meeting to begin at 5:00 p.m. before the Aspen City Council, Conncil Chambers, City Hall, 130 S. Galena St., Aspen, to consider an application submitted by Coast Pacific Asset Management, Inc. requesting approval for subdivision to further subdivide Lots 4A and SA of the Independence No. 2 Subdivision into three (3) lots to be known as the Park-Dale Subdivision. The subject property is located just west of Park Avenue between E. Hopkins and Dale Avenues and is legally described as Lots 4A and SA, of the Independence No.2 Subdivision, City and Townsite of Aspen. For further information, contact James Lindt at the City of Aspen Community Development Department, 130 S. Galena St., Aspen, CO (970) 920-5095, jamesl@ci.aspen.co.us. s/Helen Kalin Klanderud. Mavor Aspen City Council Published in the Aspen Times on April 12, 2003 City of Aspen Acconnt Smooth Feed Sheets™ , ADAIR ARJA P JR 5375 S GENEVA WY ENGLEWOOD, CO 80111 AUVIL PAUL R JR TRUSTEE 50% AUVIL CAROLE A TRUSTEE 50% 1024 EAST HOPKINS - #14 ASPEN, CO 81611 BELL SILVIA M 1801 SOUTH RD BALTIMORE, MD 21209-4505 BOYD REAL ESTATE LLC PO BOX 89 FOLLY BEACH, SC 29439 CARDWELL ROBERT A 1672 LOUISE ST LAGUNA BEACH, CA 92651 CITY OF ASPEN 130 S GALENA ST ASPEN, CO 81611 CURRAN MICHAEL FRANCIS 4400 POST OAK PKWY STE 1000 HOUSTON, TX 77027 DEUTCH TRUST OF 1985 C/O IRWIN J DEUTCH 1925 CENTURY PARK E STE 1900 LOS ANGELES, CA 90067 DORNEMANN MICHAEL CIO BMG ENTERTAINMENT 390 LAKE AVE GREENWICH, CT 06830 ELA CHARLES S 1208 E HOPKINS ASPEN, CO 81611 8AVERY@ ("'\ "- , /'""', / ~ Use template for 5160@ ASPEN ELF 4301 ARCADY DALLAS, TX 75205 ASPEN VALLEY LAND TRUST PO BOX 940 ASPEN, CO 81612 BAYOIL USA INC 909 TEXAS AVE STE 202 HOUSTON, TX 77002 BEIDLEMAN NEAL J PO BOX 4362 ASPEN, CO 81612 BENNETT NEIL J PO BOX 9937 ASPEN, CO 81612 BIBBIG DIETER 333 PARK AVE ASPEN, CO 81611 BROWN IRVING M & BARBARA J 2600 ISLAND BLVD APT 706 AVENTURA, FL 33160 BUSKY STEPHEN M 1801 SOUTH RD BALTIMORE, MD 21209-4505 CHASE HEIDI 1019 E HOPKINS AVE ASPEN, CO 81611 CHAZEN DAVID FRANKLIN II CHAZEN CAPITAL PTNRS LLC 767 FIFTH AVE NEW YORK, NY 10153 COATES NELlGH C JR 720 E HYMAN AVE ASPEN, CO 81611 CORBIN MARCIA A PO BOX 9312 ASPEN, CO 81612 DE COCCO PHILIP J 886 SrURGIS HWY WESTPORT, CT 06880 DEJEAN FELIX A III & CAROL YNE 1368 KATHERINE DR OPELOUSAS, LA 70570 DI LORENZO MICHAEL PO BOX 1346 NEW LONDON, NH 03257 DINERSTEIN JACK & NANCY PTNSHP 6363 WOODW A Y #1000 ' HOUSTON, TX 77057 ECI VENTURE I EMERGING COMPANIES INC C/O 1035 PEARL ST #301 BOULDER, CO 80302 EISENSTAT DAVID H & NINA 2907 ELLICOTT ST NW WASHINGTON, DC 20008 ELKINS CHRISTINE 1630 30TH ST #A BOULDER, CO 80301-1014 ELLIOTT ELYSE 610 W NORTH ST ASPEN, CO 81611 Address labels laser 5160@ Smooth Feed Sheets™ EMERGING COMPANIES INC A COLORADO CORPORATION #3011035 PEARL ST BOULDER, CO 80302 FLANIGAN MICKIE 514 SIGNAL HILL RD BARRINGTON,IL 60016 FRENZEL OTTO N III & MARY ANN PO BOX 280 ZIONSVILLE, IN 46077 GLEASON FRANK J JR 235 OVERLAND DR SIDNEY, OH 45365 GORGE MICHAEL 0 6735 TELEGRAPH RD #110 BLOOMFIELD HILLS, MI 48301 GROSZ COLLEEN A TRUST 155 N HARBOR DR #3612 CHICAGO, IL 60601 HITCHCOCK SAMANTHA PO BOX 329 ASPEN, CO 81612 KALNITSKY EUGENE & LINDA BUDIN 1701 S FLAGLER DR APT 1601 WEST PALM BEACH, FL 33401 KELLY JESSIE M L TD PARTNERSHIP #1 1657 W CALLE DEL GRAJO GREEN VALLEY, AZ 85614 KRIGEL PEGGY REV TRST 400 W 49TH TER #2054 KANSAS CITY, MO 64112-2303 8AVERY@ Address Labels ,.-..... /\ ENGELBERG ALFRED B & GAIL MAY 1050 N LAKE WAY PALM BEACH, FL 33480-3252 FLENDER RICHARD 115 E 67TH ST APT 10B NEW YORK, NY 10021 GAFFNEY MICHAEL J REVOCABLE TRUST C/O JANICE L GAFFNEY 22 ESTATES DR NEW HARTFORD, NY 13413 GODFREY DIANE A & ANDREW H 1250 REGENT STREET ASPEN, CO 81611-2439 GRAYE JOHN A JR PO BOX 9464 ASPEN, CO 81612 HART STEPHAN H ATTN J W DAVIDSON COMPTROLLER PO BOX 8749 DENVER, CO 80201 ICHIMARU SETSUO DR & TOMOKO 4-3-15 SUMIYOSHI NISHI-TOKYO TOKYO 202 0005JAPAN, KAL TENBOCK ERNST 1612WOODBINE HEIGHTS BLVD TORONTO ONTARIO CANADA, M4B 3A4 KING WALLACE M 41 THE POINT RD WOOLWICH NSW2110 AUSTRALIA, LANE JOAN BALL 325 PARK AVE ASPEN, CO 81611 r--... r- Use template for 5160@ FINE MARTIN & HELEN 58 SAMANA DR MIAMI, FL 33133 FREDERICK W D CIO COATES REID & WALDRON 720 E HYMAN AVE ASPEN, CO 81611 GILBERTSON AMY PO BOX 4362 ASPEN, CO 81612 GOODROE SHIRLEY A 524 WASHNGTON MALL CAPE MAY, NJ 08204 GRENELL BERNARD B & BARBARA TRSTE GRENELL FAMILY TRUST 702 N BEVERLY DR BEVERLY HILLS, CA 90210 HEMMING GREGG S PO BOX 622 ASPEN, CO 81612 JONES MICHAEL C POBOX 7966 ASPEN, CO 81612 KELLY JESSIE M LP #1 3310 COUNTY RD 191 PO BOX 54 HILLSIDE, CO 81232 KNUTSON RODNEY D PO BOX YY ASPEN, CO 81612 LOVING GRAHAM III 1024 HOPKINS AVE #13 ASPEN, CO 81611 Laser 5160@ Smooth Feed Sheets™ " S> , MARKEL DAVID F c/o MDIINC PO BOX 1149 SKIPPACK, PA 19474-1149 MCCORMICK MURIEL PO BOX 3515 ASPEN, CO 81612 MINES THOMAS F JR 1019 E HOPKINS AVE ASPEN, CO 81611 MURRAY PATRICIA A 886 STURGIS HWY WESTPORT, CT 06880 PETERSON DORIS 111 PARK AVE ASPEN, CO 81611 POLlCARO AMY S UND 2/3 INT PO BOX 11704 ASPEN, CO 81612 PORTNOY BARBARA A 50% 1890 BOHLAND ST PAUL, MN REYNOLDS INDUSTRIES INC 5005 MCCONNELL AVE LOS ANGELES, CA 90066 SEID MEL 1104 DALE AVE ASPEN, CO 81611 SIMON FAMILY QPRT CIO CHARLES SIMON 1800 NE 114TH ST PH3 NORTH MIAMI, FL 33181 8AVERY@ r'\... MARSHALL THOMAS M & ELLEN M 300 RIVERSIDE AVE ASPEN, CO 81611 MCMICHAEL REVOCABLE TRUST MCMICHAEL J W JR 4504 E 67TH ST. STE 217 TULSA, OK 74136-4904 MITCHELL ELSA R PO BOX 2492 ASPEN, CO 81612 NICHOLS GARY T POBOX8116 ASPEN, CO 81612 PEVNY HANA PO BOX 10749 ASPEN, CO 81612 POLlCARO JOANNA UND 1/3 INT 4311 RANDMORE RD COLUMBUS, OH 43220-4441 PORTNOY GERALD A 50% PO BOX 44429 EDEN PRAIRIE, MN 55344-1429 RODELL TIMOTHY C & MARJORIE M PO BOX 8005 ASPEN, CO 81612-8005 SELlNKO VERA L 7700 SAN FELEPE STE 340 HOUSTON, TX 77063 SOLHEIM LAUREN 1024 E HOPKINS #17 ASPEN,CO 81611 Address labels n ,."", f Use template for 5160@ MCCORMICK JOHN 302 E HOPKINS ASPEN, CO 81611 MCPHEE RODERICK F AMENDED 1985 TRUST 1/2 2022 KAKELA DR HONOLULU, HI 96822-2157 MOONEY TIMOTHY PO BOX 8931 ASPEN, CO 81612 PEARL JILL 1207 E HOPKINS AVE ASPEN, CO 81611 PLATT ROBERT A & VALERIE Y OLD MUTUAL WASH MALL PHASE 2 22 CHURCH ST HAMILTON, HM 11 BERMUDA POLLOCK PERRY H PO BOX 950 ASPEN, CO 81612 PRICE LINDA J TRUST VITTI LINDA PRICE TRUSTEE 326 RIVERSIDE AVE ASPEN, CO 81611 SANDLER ANDREW & RICKY TRSTE 104 MIDLAND AVE ASPEN, CO 81611 SHADDOCK L YNDSAY CIO RESORT MGNT ATTN CAHILL PO BOX 597 CARBONDALE, CO 81623 SPECK KARIN PO BOX 9912 ASPEN, CO 81612 laser 5160@ Smooth Feed Sheets™ TAUSCHER ETNA 107 PARK AVE ASPEN, CO 81611-2425 TERKUN MARK PO BOX 329 ASPEN, CO 81612 WANG EDWARD D 30% 1406 MAIN ST EVANSTON,IL 60201 BAVERY@ Address labels " I TBH LLC 4500 PGA BLVD STE 207 PALM BEACH GARDENS, FL 33418 TRALlNS ALAN 3850 TAMPA RD PALM HARBOR, FL 34684 WANG KARINA 565 DREXEL AVE GLENCOE, IL 60022 "f'\ Use template for 5160@ '-',. '" . OJ!' TCDC INC 1037 W 59TH ST KANSAS CITY, MO 64113 VANMOORSEL GERARDUS H & MELINDA E 1021 E HOPKINS ASPEN, CO 81611 WOGAN JAQUELlNE T PO BOX 158 ASPEN, CO 81612 laser 5160@ h~6.1 Pr'2 R ~s.o, RESOLUTION NO.9 (SERIES OF 2003) A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING COMMISSION RECOMMENDING THAT CITY COUNCIL APPROVE THE PROPOSAL TO SUBDIVIDE LOTS 4A AND SA, OF THE INDEPENDENCE NO.2 SUBDIVISION TO CREATE LOTS i, 2, AND 3, OF THE PARK-DAlE SUBDIVISION, CITY OF ASPEN, PITKIN COUNTY, COLORADb. ParcelID: 2737-181-33-051 ParcellD: 2737-181-33-052 WHEREAS, the Commnnity Development Department received an application from Coast Pacific Asset Management, Inc, represented by Mitch Haas, requesting to subdivide Lots 4A and 5A, of the Independence No.2 Subdivision to create Lots 1,2, and 3, of the Park-Dale Subdivision; and, WHEREAS, the subject properties are zoned R-6 (Medium-Density Residential); and, WHEREAS, the proposed lots are to contain 6,000 square feet (Lot 1), 6,921 square feet (Lot 2), and 9,000 square feet (Lot 3) respectively; and, WHEREAS, upon review of the application, and the applicable code standards, the Commnnity Development Department recommended approval, with conditions, of the proposed subdivision; and, WHEREAS, during a duly noticed public hearing on March 18,2003, the Planning and Zoning Commission approved a resolution, by a five to one (5-1) vote, recommending that City Conncil approve the proposed Subdivision with conditions; and, WHEREAS, the Aspen Planning and Zoning Commission has reviewed and considered the development proposal nnder the applicable provisions of the Mnnicipal Code as identified herein; and, WHEREAS, the Planning and Zoning Commission finds that the development proposal meets or exceeds all applicable development standards and that the approval of the development proposal, with conditions, is consistent with the goals and elements of the Aspen Area Commuuity Plan; and, WHEREAS, the Planning and Zoning Commission 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 OF ASPEN PLANNING AND ZONING COMMISSION AS FOLLOWS; Section 1: Pursuant to the procedures and standards set forth in Section 26.480 of the City of Aspen Land Use Code, the Planning and Zoning Commission recommends that City Council -' RE";:PA ,!eaiihi at a'1'n~ pen'Pta 1~~Roo; :~nS!d,~; Ie Assef for,subd" SA9f th,l) t~~ee (3)~; ~Sion:,Ini Ca,tlon, the ti()llof D : right"-Of_w:1e Avenuet y. Ave' ",9th: QK.lluesa~d a~d~(the InS oWllsfie'i L Fori'-' indtatth"~~\' men't De ' ~, q (970Y92t5artm~ .,095,j\ PUblished Aspen) (0140)" )0 The~ ~" _~."".c;" - LJ; ~ r-\ A.'TiA.CHMENi 7 A.FFIDA. \In of pUBLIC NOilCE REQUIRED BY SECTlO" .6.304..60 IE). ASPE" LA"O USE CODE ADO"""o"'O""'" j\. f Ie Do r (J ::; uk01' LJ~l~ ",HEOULE.",;RLK HEAR';'O"^ -rn, _ ?I fij/ (')3 ~ ""- STATE OF COLORADO ) ) ss. County of pitkin ) \ 1, ' (-'. pl- pd01) be",g ,,_--"Og ~ Appli=l," the Ci'Y ,f"- Col"""O. _by pow""l, oWify th,ll hOV' wmpli'" with th, poblie noti~ Oquirem@o of Se~ion 26.304,060 (E) of the Aspen Land Use Code in the following manner: 5- publi,",,,,",f no"~ Uy the pobli"tion in thdeg" nou~ owon 0' ~ olli'''' p_ " , ",po of g,noo! eiuul,tion "' tho Ci'Y of ^,p'o .11"'" liawn (\5) ""'" pn" '" the publi' b"ring. A 'W' of ,b' ""bl ",rion I' on"''''' bo'" - p,,'lng of n"I" By po_ of no"~' whieb 'on>> w", obWned from the community Development Department, which was made of suitable, nn~"'~' m.""'"" wbi,b w"' no' 1'" th~ \W.n'Y'''''' (21) ",b" wid. and twenty-six (26) inches high, and which was composed of letters not "" "'" m" ""h in ""igh' S~d noli~ w'" p,,,red " I.'" fifreeo (15) day' pdn< 10 \h, publi' bcoring ""d "'" wotinno~\Y ",-,ibl' "om the - My ,\ _,200_, to and including the date and time of the public hearing. A photograph of the posted notice (sign) is attached hereto. _ Mulling of nori"'. By th, ""iling of u nou", obl,""d from th, Communi'Y D~dopmffil ",_nt, whi,h co"",~ th' ntfoUU"ion d,,""bed "' S,"uon 26.304.060(E)(2) oflh. AY,,, L""d U,c Co",. All"'" fif- (15) dny' ,nO' 10 th' publi' b""'ng, "li" "'" \und ddivered" ""'led by "'0 elM' p""" ,~p"" U.S. """ 10 MY \,d&~ "f,ffi'y, ,,,,^,, wun'Y, munid'~ go"nunent, ",",,01, ,,,,,itt di,.ict" ,fu" ,,,_,n'" 0< qu,"i.g",~mcoW "f"nc~ "'" 0",,'" propertY withio tin~ hnodied (300) I~' oflh' pNP'''' ~bj'ct '" th' d,,,lopment '1',lieu"OO. 11<< _, ""d udd,,"'" 01 PNP'''' o~'" ,bill '" thooc on th' """'" "" "conl, ofFilkio COM'Y "' \hey u'P'"ed no moo "'" ,i,cty (60) day' ,nO< '" "'" datt ,\ tho publi' baring. A copY of'" owM" Md governmental agencies so noticed is attached hereto. (continued on next page) ------ - ~.....: '\. r" , \ 'f"', ~" ;1 ATTACHMENT 7 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: p ~ If k ~ JJC) f ~_ :::; U~&J 't)(~i:r;:~ SCHEDULED PUBLIC HEARING DATE: =1/ fij/()~ ,200_ STATE OF COLORADO ) ) ss. County of Pitkin ) I, ~ ') d I/VI.,O <:::, ( ~I ~ rJ+ (name, please print) being or representing an Applicant to the City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) of the Aspen Land Use Code in the following manner: k Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen at least fifteen (15) days prior to the public hearing. A copy of the publication is attached hereto. _ Posting of notice: By posting of notice, which form was obtained from the Community Development Department, which was made of suitable, waterproof materials, which was not less than twenty-two (22) inches wide and twenty-six (26) inches high, and which was composed ofletters not less than one inch in height. Said notice was posted at least fifteen (IS) days prior to the public hearing and was continuously visible from the _ day of , 200_, to and including the date and time of the public hearing. A photograph of the posted notice (sign) is attached hereto. _ Mailing of notice. By the mailing of a notice obtained from the Commnnity Development Department, which contains the information described in Section 26.304.060(E)(2) ofthe Aspen Land Use Code. At least fifteen (15) days prior to the public hearing, notice was hand delivered or mailed by first class postage prepaid U.S. mail to any federal agency, state, connty, mnnicipal government, school, service district or other governmental or quasi-govermnental agency that owns property within three hundred (300) feet of the property subject to the development application. The names and addresses of property owners shall be those on the current tax records of Pitkin County as they appeared no more than sixty (60) days prior to the date of the public hearing. A copy of the owners and governmental agencies so noticed is attached hereto. (continued on next page) ~ r< ,~ Rezoning or text amendment. Whenever the official zoning district map is in any way to be changed or amended incidental to or as part of a general revision of this Title, or whenever the text of this Title is to be amended, whether such revision be made by repeal of this Title and enactment of a new land use regulation, or otherwise, the requirement of an accurate survey map or other sufficient legal description of, and the notice to and listing of names and addresses of owners of real property in the area of the proposed change shall be waived. However, the proposed zoning map has been available for public inspection in the planning agency during all business hours for fifteen (15) days prior to the public hearing on such amendments. -\'1_ The fore~oing "Affidavit of Notice' was ~owledged ber me ~ day of +tn. ,2003,by O~.5:> lY\. ! . "^ 'PUBLteN(j'T1tE""~'-"-"'--:-"'- -.-- RE:PARIs:7DAL.E: Sl.@D' 'ISI6N'-Y.'''"''"''',^,Y',--":"^,~,-",,,,,>:,, l'lOTICEJS'HE BY GIVEN,~~ta public' hearing' will [leh~td~ n Tuesday, March ,IS, 20031 at ameeUngto be at 4:39 p.m.beforetti:eAs_~ pen Planning and ning Com,miss,ion, Sister:C,it~ iesRoolJl, City H ,130 S.Galen"a)5_t" Aspen, to consider arlapplication suomltt~ byCl:l<tSr~a~,f- icA5s~tMa':l:agelTlent, Tnc., requesting aJ)proval f9r~ul:ldi~}~ion toJLlr~~~r sui>flivi?,e,.L.?t!; ,1~~1"!,~,,; SA"()rtb~)~depe~d~,~,Fe:~()",)" Supoivisl()n li)t?: three (3), lo~}o b~,kIi.~v.>Il,-~~ ~e:J:!r~.:!?<l;~~,~~~~h.~ vlsi(iIl~ In ~onjullcUon witti.,t~,~,~}}E"41':',1_~1~~)')pll- c;ation; t~~ applicant would Iik~ to,rel?'=,llte,tilfOY; don pIp_are, ~ve!l1,Jeback into ,th~ platted public right,,?f~wiy. ^ -Th-e"sii:ll'j(fBCpro-perty ,llbuts Park AVM:ue't,o the w~t i:letween E~, Hop~ns and Dale Av-er\ii~~'.~~t@'(€legany~aes<:Ti'DeCl as tots,,1A}~~. 5A:;,oI)h5~: Independen~e, .'~~_, _ 2,.~~,~,8i~~~~c.:9~~ andTow-nslte of Aspen, - "," " '!"ji-i:("'"For'1uither'lriformatlon, ',conta~tJ_al1).es '~.at'at'ihfCltY'or " C'omm{jnltY'.Dev_elo~" _Tlt~t~partment, 13 S. GalenaSt.,Aspen, CO (970):92Q-5095,james i.aspen.co.us. '''''.', ,;j;*,;m~~,i,"--11j ,s/Jasm!neTygre,.ChaIr, ,:'*~ "ASpeiI,'tSla ingand Zonmg ~ommlssio~_ P,bli,h,d;n ThJ M; Tim" 00 """h 1.:003, TOGRAPH OF THE POSTED NOTICE (SIGN) (0140) ~iP~~,f~%~~\jilWiiibo""'-' . M~:~Pir Notary Public ATTACHMENTS: COPY OF THE PUBLICATION LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED BY MAlL ~ ~ PUBLIC NOTICE RE: PARK-DALE SUBDIVISION NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, March 18, 2003 at a meeting to begin at 4:30 p.m. before the Aspen Planning and Zoning Commission, Sister Cities Room, City Hall, 130 S. Galena St., Aspen, to consider an application submitted by Coast Pacific Asset Management, Inc. requesting approval for subdivision to further subdivide Lots 4A and SA of the Independence No.2 Subdivision into three (3) lots to be known as the Park-Dale Subdivision. In conjnnction with the subdivision application, the applicant would like to relocate a portion of Dale Avenue back into the platted public right-of-way. The subject property abuts Park A venue to the west between E. Hopkins and Dale A venues and is legally described as Lots 4A and SA, of the Independence No.2 Subdivision, City and Townsite of Aspen. For further information, contact James Lindt at the City of Aspen Commnnity Development Department, 130 S. Galena St., Aspen, CO (970) 920-S09S,jamesl@ci.aspen.co.us. s/Jasmine Tygre, Chair Aspen Planning and Zoning Commission ---------------------------------------------------- ------------------------------------------------- Published in the Aspen Times on March 1, 2003 City of Aspen Acconnt /' ~ i r'\ \;,i) ("'i ATTACHMENT 7 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: 2l5..Pftf.~ ~i. !lee 1ALt:: /Jr;e.. SCHEDULED PUBLIC HEARING DATE: fY/1tI:.t:!.tI 0/ 7./Y)3 , Aspen, CO ,200~ STATE OF COLORADO ) ) ss. Connty of Pitkin ) I, ~tLL +h ' (name, please print) being or represen ing an Applicant to the CIty of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) of the Aspen Land Use Code in the following manner: - Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen at least fifteen (15) days prior to the public hearing. A copy of the publication is attached hereto. / Posting of notice: By posting of notice, which form was obtained from the Community Development Department, which was made of suitable, waterproof materials, which was not less than twenty-two (22) inches wide and twenty-six (26) inches high, and which was composed ofletters not less than one inch in height. Said notice was posted at least fifteen (15) days priSl! to the public hearing and was continuously visible from the~~ay of .,..~~ ,200--3.., to and including the date and time of the public hearing. A photograph of the posted notice (sign) is attached hereto. ./' Mailing of notice. By the mailing of a notice obtained from the Community Development Department, which contains the information described in Section 26.304.060(E)(2) ofthe Aspen Land Use Code. At least fifteen (15) days prior to the public hearing, notice was hand delivered or mailed by first class postage prepaid U.S. mail to any federal agency, state, county, municipal govermnent, school, service district or other govermnental or quasi-govermnental agency that owns property within three hnndred (300) feet of the property subject to the development application. The names and addresses of property owners shall be those on the current tax records of Pitkin Connty as they appeared no more than sixty (60) days prior to the date of the public hearing. A copy of the owners and governmental agencies so noticed is attached hereto. (continued on next page) . ,~ 1'""\ Rezoning or text amendment. Whenever the official zoning district map is in any way to be changed or amended incidental to or as part of a general revision ofthis Title, or whenever the text of this Title is to be amended, whether such revision be made by repeal of this Title and enactment of a new land use regulation, or otherwise, the requirement of an accurate survey map or other sufficient legal description of, and the notice to and listing of names and addresses of owners of real property in the area of the proposed change shall be waived. However, the proposed zoning map has been available for public inspection in the planning agency during all busi s hours for fifteen (15) days prior to the public hearing on such amendme t . The foregoing "Affidavit of Notice'; was ac o",ledged before me his !1{ day of 1Y'iJ..A. cl ,2003, by P </u1ul a WITNESS MY HAND AND OFFICIAL SEAL r t I.TTACHMENTS: 'OF THE PUBLICATION ~F THE POSTED NOTICE (SIGN) )VERNMENTAL AGENCIES NOTICED BY MAIL z- :5-03 ~ ..... 0, ~ ./ PUBLIC NOTICE RE: PARK-DALE SUBDIVISION NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, March 18, 2003 at a meeting to begin at 4:30 p.m. before the Aspen Planning and Zoning Commission, Sister Cities Room, City Hall, 130 S. Galena St., Aspen, to consider an application submitted by Coast Pacific Asset Management, Inc. requesting approval for subdivision to further subdivide Lots 4A and 5A of the Independence No.2 Subdivision into three (3) lots to be known as the Park-Dale Subdivision. In conjunction with the subdivision application, the applicant would like to relocate a portion of Dale Avenue back into the platted public right-of-way. The subject property abuts Park Avenue to the west between E. Hopkins and Dale Avenues and is legally described as Lots 4A and 5A, of the Independence No.2 Subdivision, City and Townsite of Aspen. For further information, contact James Lindt at the City 0 fA spen Community Development Department, 130 S. Galena St., Aspen, CO (970) 920-5095, jamesl@ci.aspen.co.us. s/Jasmine Tv!!:re, Chair Aspen Planning and Zoning Commission Published in the Aspen Times on March 1, 2003 City of Aspen Account r (", !) ADAIR ARJA P JR 15375 S GENEVA WY , ENGLEWOOD, CO 80111 ASPEN ELF 4301 ARCADY DALLAS, TX 75205 ASPEN VALLEY LAND TRUST PO BOX 940 ASPEN, CO 81612 I AUVIL PAUL R JR TRUSTEE 50% AUVIL CAROLE A TRUSTEE 50% /1024 EAST HOPKINS" #14 ASPEN, CO 81611 BAYOIL USA INC 909 TEXAS AVE STE 202 HOUSTON, TX 77002 BEIDLEMAN NEAL J PO BOX 4362 ASPEN, CO 81612 r BELL SILVIA M 1801 SOUTH RD I BAL TIM9.RE, MD 21209-4505 BENNETT NEIL J PO BOX 9937 ASPEN, CO 81612 BIBBIG DIETER 333 PARK AVE ASPEN, CO 81611 'BOYD REAL ESTATE LLC PO BOX 89 FOLLY BEACH, SC 29439 I BROWN IRVING M & BARBARA J 2600 ISLAND BLVD APT 706 AVENTURA, FL 33160 BUSKY STEPHEN M 1801 SOUTH RD BALTIMORE, MD 21209-4505 I CARDWELL ROBERT A 1672 LOUISE ST , LAGUNA BEACH, CA 92651 CHASE HEIDI 1019 E HOPKINS AVE ASPEN, CO 81611 CHAZEN DAVID FRANKLIN II CHAZEN CAPITAL PTNRS LLC 767 FIFTH AVE NEW YORK, NY 10153 CITY OF ASPEN COATES NELlGH C JR CORBIN MARCIA A r 130 S GALENA ST 720 E HYMAN AVE PO BOX 9312 . ASPEN,CO 81611 ASPEN, CO 81611 ASPEN, CO 81612 r DEJEAN FELIX A III & CAROL YNE ' CURRAN MICHAEL FRANCIS DE COCCO PHILIP J 4400 POST OAK PKWY STE 1000 886 STURGIS HWY 1368 KATHERINE DR I HOUSTON, TX 77027 WESTPORT, CT 06880 OPELOUSAS, LA 70570 I DEUTCH TRUST OF 1985 DI LORENZO MICHAEL DINERSTEIN JACK & NANCY PTNSHP , CIO IRWIN J DEUTCH PO BOX 1346 6363 WOODWAY #1000 1925 CENTURY PARK E STE 1900 NEW LONDON, NH 03257 HOUSTON, TX 77057 I LOS ANGELES, CA 90067 I ! DORNEMANN MICHAEL ECI VENTURE I EISENSTAT DAVID H & NINA i CIO BMG ENTERTAINMENT EMERGING COMPANIES INC C/O 2907 ELLICOTT ST NW I 390 LAKE AVE 1035 PEARL ST #301 i GREENWICH, CT 06830 BOULDER, CO 80302 WASHINGTON, DC 20008 ELA CHARLES S , 1208 E HOPKINS ASPEN, CO 81611 ELKINS CHRISTINE 1630 30TH ST #A BOULDER, CO 80301-1014 ELLIOTT ELYSE 610 W NORTH ST ASPEN, CO 81611 ("""1 , EMERGING COMPANIES INC A COLORADO CORPORATION #301 1035 PEARL ST BOULDER, CO 80302 FLANIGAN MICKIE 514 SIGNAL HILL RD BARRINGTON,IL 60016 FRENZEL OTIO N III & MARY ANN PO BOX 280 ZIONSVILLE, IN 46077 GLEASON FRANK J JR 235 OVERLAND DR SIDNEY, OH 45365 GORGE MICHAEL 0 6735 TELEGRAPH RD #110 BLOOMFIELD HILLS, MI 48301 GROSZ COLLEEN A TRUST 155 N HARBOR DR #3612 CHICAGO, IL 60601 HITCHCOCK SAMANTHA PO BOX 329 ASPEN, CO 81612 KALNITSKY EUGENE & LINDA BUDIN 1701 S FLAGLER DR APT 1601 WEST PALM BEACH, FL 33401 KELLY JESSIE M L TO PARTNERSHIP #1 1657 W CALLE DEL GRAJO GREEN VALLEY, AZ 85614 KRIGEL PEGGY REV TRST 400 W 49TH TER #2054 KANSAS CITY, MO 64112-2303 ,.- ENGELBERG ALFRED B & GAIL MAY 1050 N LAKE WAY PALM BEACH, FL 33480-3252 FLENDER RICHARD 115 E 67TH ST APT lOB NEW YORK, NY 10021 GAFFNEY MICHAEL J REVOCABLE TRUST CIO JANICE L GAFFNEY 22 ESTATES DR NEW HARTFORD, NY 13413 GODFREY DIANE A & ANDREW H 1250 REGENT STREET ASPEN, CO 81611-2439 GRA YE JOHN A JR PO BOX 9464 ASPEN, CO 81612 HART STEPHAN H ATIN J W DAVIDSON COMPTROLLER PO BOX 8749 DENVER, CO 80201 ICHIMARU SETSUO DR & TOMOKO 4-3-15 SUMIYOSHI NISHI-TOKYO TOKYO 202 0005JAPAN, KAL TEN BOCK ERNST 1612WOODBINE HEIGHTS BLVD TORONTO ONTARIO CANADA, M4B 3A4 KING WALLACE M 41 THE POINT RD WOOLWICH NSW 2110 AUSTRALIA, LANE JOAN BALL 325 PARK AVE ASPEN, CO 81611 FINE MARTIN & HELEN 58 SAMANA DR MIAMI, FL 33133 FREDERICK W D CIO COATES REID & WALDRON 720 E HYMAN AVE ASPEN, CO 81611 GILBERTSON AMY PO BOX 4362 ASPEN, CO 81612 GOODROE SHIRLEY A 524 WASHNGTON MALL CAPE MAY, NJ 08204 GRENELL BERNARD B & BARBARA TRSTE GRENELL FAMILY TRUST 702 N BEVERLY DR BEVERLY HILLS, CA 90210 HEMMING GREGG S PO BOX 622 ASPEN, CO 81612 I JONES MICHAEL C POBOX 7966 ASPEN, CO 81612 KELLY JESSIE M LP #1 3310 COUNTY RD 191 PO BOX 54 HILLSIDE, CO 81232 KNUTSON RODNEY D PO BOX YY ASPEN, CO 81612 LOVING GRAHAM III 1024 HOPKINS AVE #13 ASPEN, CO 81611 , ~ r r~ f"""l , i MARKEL DAVID F I C/O MDIINC , PO BOX 1149 SKIPPACK, PA 19474-1149 " MARSHALL THOMAS M &E:LLEN M 300 RIVERSIDE AVE ASPEN, CO 81611 MCCORMICK JOHN 302 E HOPKINS ASPEN, CO 81611 MCCORMICK MURIEL MCMICHAEL REVOCABLE TRUST MCPHEE RODERICK F AMENDED 1985 I I PO BOX 3515 MCMICHAEL J W JR TRUST 1/2 4504 E 67TH ST - STE 217 2022 KAKELA DR I ASPEN, CO' 81612 TULSA, OK 74136-4904 HONOLULU, HI 96822-2157 I MINES THOMAS F JR MITCHELL ELSA R MOONEY TIMOTHY I 1019 E HOPKINS AVE PO BOX 2492 PO BOX 8931 ASPEN, Co 81611 ASPEN, CO 81612 ASPEN, CO 81612 MURRAY PATRICIA A NICHOLS GARY T PEARL JILL I 886 STURGIS HWY PO BOX 8116 1207 E HOPKINS AVE WESTPORT, CT 06880 ASPEN, CO 81612 ASPEN, CO 81611 t PETERSON DORIS PEVNY HANA PLATT ROBERT A & VALERIE Y I 111 PARK AVE PO BOX 10749 OLD MUTUAL WASH MALL PHASE 2 ASPEN, CO 81611 ASPEN, CO 81612 22 CHURCH ST HAMILTON, HM 11 BERMUDA POLlCARO AMY S UNO 2/3 INT PO BOX 11704 ASPEN, CO 81612 POLlCARO JOANNA UNO 1/3 INT 4311 RANDMORE RD COLUMBUS,OH 43220-4441 POLLOCK PERRY H PO BOX 950 ASPEN, CO 81612 PORTNOY BARBARA A 50% 1890 BOHLAND ST PAUL, MN PORTNOY GERALD A 50% PO BOX 44429 EDEN PRAIRIE, MN 55344-1429 PRICE LINDA J TRUST VITTI LINDA PRICE TRUSTEE 326 RIVERSIDE AVE ASPEN, CO 81611 REYNOLDS INDUSTRIES INC 5005 MCCONNELL AVE LOS ANGELES, CA 90066 RODELL TIMOTHY C & MARJORIE M PO BOX 8005 ASPEN, CO 81612-8005 SANDLER ANDREW & RICKY TRSTE 104 MIDLAND AVE ASPEN, CO 81611 SEID MEL 1104 DALE AVE ASPEN,CO 81611 SELlNKO VERA L 7700 SAN FELEPE STE 340 HOUSTON, TX 77063 SHADDOCK L YNDSA Y CIO RESORT MGNT ATTN CAHILL PO BOX 597 CARBONDALE, CO 81623 SIMON FAMILY QPRT :/0 CHARLES SIMON 1800 NE 114TH ST PH3 ~ORTH MIAMI, FL 33181 SOLHEIM LAUREN 1024 E HOPKINS #17 ASPEN, CO 81611 SPECK KARIN PO BOX 9912 ASPEN, CO 81612 , < TAUSCHER ETNA 107 PARK AVE ASPEN, CO 81611-2425 TERKUN MARK PO BOX 329 ASPEN, CO 81612 WANG EDWARD D 30% 1406 MAIN ST EVANSTON,IL 60201 f1 TBH LLC 4500 PGA BLVD STE 207 PALM BEACH GARDENS, FL 33418 TRALlNS ALAN 3850 TAMPA RD PALM HARBOR, FL 34684 WANG KARINA 565 DREXEL AVE GLENCOE, IL 60022 fJ TCDC INC 1037 W 59TH ST KANSAS CITY, MO 64113 . . VANMOORSEL GERARDUS H & MELlNDJ E 1021 E HOPKINS ASPEN, CO 81611 WOGAN JAQUELlNE T PO BOX 158 ASPEN, CO 81612 . . . . . . . . -I .! _r . . . , . c , t:!"'~ Memorandum TO: Mayor and Members of Council FROM: John P. Worcester DATE: March 10, 2003 ~''i l~b P135 The OilY ofRsDe~ CilY nllOrney~ Office RE: Dale AvenueRight-of-Way Improvements Agreement Attached for your consideration and review is a Resolution that, if approved, would authorize the City Manager to execute on behalf of the City a Right-of-Way Improvements Agreement. The Agreement was proposed to the City by the owner of a property on Dale Avenue. This entity, Coast Pacific Asset Management, Inc. is in the process of purchasing the property in question and has determined that Dale Avenue was actually built on their propertY. Please see the attached map which shows the area in question. Dale Avenue was constructed so that the "edge of pavement" is on Lot 5-A. The Agreement proposes that Dale Avenue be reconstructed so that it is in the actual right of way. To accomplish this, the agreement proposes that Coast Pacific Asset Management, Inc. pay for the reconstruction of Dale Avenue by moving it to the south of its current location and off of Lot 5-A. Please note that properties south of the existing Dale Avenue contains several encroachments onto the Dale Avenue Right-of-Way. Those owners have been made aware of the situation and several meetings have been held with them on site with the City Engineer. One owner has agreed to the relocation and proposal, one is opposed, and one has indicated some reluctance to the agreement. The City Engineer is of the opinion that the proposed agreement is in the best interests of the City. The owner of Lot 5-A will, at his expense, move the actual pavement off of Lot 5-A and locate it within the right-of-way. The owner has also agreed to construct concrete curb and gutter and a sidewalk along the northern edge of the right-of-way. Requested Action: Resolution authorizing the City manager to execute the Agreement. CITY MANAGER'S COMMENTS: ~~:::Qi-~ <r'J-""".9 '. Cr; ~;",,<!"- -t.J>U k ~,,:r .,,(,. .fIor~~----"<~} a,.Jl ~~rc..u.-, /"ergL(;7,..J,[N_CJ ,?,u....~ cc: City Engineer ,~ .~j. ,~ P136 RESOLUTION NO. ~ Series of 2003 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING A RIGHT-OF-WAY IMPROVEMENTS AGREEMENT WITH COAST PACIFIC ASSET MANAGEMENT, INC. AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE SAME. WHEREAS, Coast Pacific Asset Management, Inc. has presented the City a Right-of-Way Improvements Agreement relating to certain improvements proposed to be made to Dale Avenue; and WHEREAS, the City Engineer has determined that it is in the best interests of the City to enter into said Agreement; and WHEREAS, the City Council has determined that it is in the best interests of the City to execute said Agreement. NOW, THEREFORE BE IT RESOLVED that the City Conncil hereby approves the Right-of-Way Improvements Agreement in substantially the form as appended hereto as Exhibit A and hereby authorizes the City manager to execute the same on behalf of the City of Aspen. FINALLY, adopted, passed and approved this 13th day of January, 2003. ASPEN CITY COUNCIL: Helen Kalin Klandenld, Mayor ATTEST: Kathryn Koch, City Clerk JPW.03/04/200J_G:\john\word\resos\dale-ave.doc . tff'/'"', """' 0 ~. HOLLAND & HART LLP ATTORNEYS AT LAW P137 DENVER. ASPEN BOULDER' COLORAQO SPRINGS DENVER TECH CENTER BILLINGS, BOtSE. CASPER CHEYENNE, JACKSON HOLE SALT LAKE CITY. SANTA FE WASHINGTON, D.C. 600 EAST MAIN STREET. SUITE 104 ASPEN, COLORADO 81611 TELEPHONE (970) 925-3476 FACSIMILE (970) 925-9367 Shane J, Harvey sharvey@hollandhart.com /-;:~.::-. March 4, 2003 ,I,. /I~' '.- /I~ /," /r, /(" /' ii. ir- ~ /fAR 2003 City At'. .' l~::.~;rfi,ey's Oi'fiCt~ HAND DELIVERED John Worcester, Esq. City of Aspen 130 S. Galena Aspen, CO 81611 We represent Coast Pacific Asset Management, Inc., the contract purchaser of that property located in Aspen, Colorado known as Lot 4A and Lot 5A, Independence No.2 Subdivision (the "Property"). As you know, as part of the due, diligence undertaken by Coast Pacific under the Contract, it was discovered that a portion of the existing Dale A venue road improvements are located outside the Dale A venue right-of-way and actually encroach upon the south-easterly portion of the Property. In December of2002, I prepared a draft Right-of~Way Improvements Agreement ("ROW Agreement") whereby Coast Pacific agreed, to the exterit it closed on the Property, to remove the existing pavement and related improvements located on the Property and install a similar amount of pavement and related improvements within the Dale Avenue right-of-way in order to move the road off of the Property and wholly into the adjacent existing right-of- way owned and controlled by the City. Upon the parties arriving at a mutually acceptable version of the agreement, the agreement was scheduled to be presented and, hopefully, approved at a City Council meeting. However, before this could occur, several neighbors of the Property apparently voiced concern that they had not been notified or cOIlsulted about the proposed agreement. As a resultof the various neighbors' comments and concerns, you asked that my client take the lead in consulting with the neighbors about the proposed re-alignment of Dale Avenue and attempt to reach a mutually agreeable resolution in regard thereto. In the last two months, we have convened three meetings on-site .with the various neighbors and/or their representatives. Present at each meeting was the City Engineer, Mr. Nick Adeh. Furthermore, ", P13a HOLLAND & HARTLLP ATTORNEYS AT LAW March 4, 2003 Page 2 my client has expended substantial time and money in order to reach a resolution with the neighbors as you previously requested. To date, no mutual resolution has been agreed upon by all parties. The most recent proposal for the roadway alignment as discussed o between all parties at the last meeting is currently staked along both sides of Dale Avenue. This alignment consists ofa twenty-three foot (23') wide roadway, commencing at the boundary of the Property and extending 23' to the south into the right-of-way. This alignment of the roadway has been approved by Nick Adeh and is shown on that survey enclosed herein for your review. Mr. Adeh has reiterated numerous times to Coast Pacific and the neighbors that this is the narrowest possible roadway that can be constructed within the right- of-way due to public health, safety and welfare concerns. Apparently, any narrower access will not allow adequate emergency vehicle access to residences located along Dale Avenue. I would encourage you to speak directly with Mr. Adeh about his analysis of the proposed realignment of Dale Avenue and the options open and acceptable to the City in his opinion. Based on Mr. Adeh's input and suggestions, Coast Pacific has agreed to the installation of roadway in this proposed location and is prepared to pay for the installation of pavement in this alignment. The proposed roadway alignment and 23' width does not result in the loss of any improvements that have been placed in the right-of-way by any of the neighbors, including any vegetation, walkways or mailboxes, and only adds approximately two more feet of pavement in front of the house directly across the street from the Property (where two of the three neighbors live). Despite this fact, only one of the three neighbors who have spoken out against the Dale Avenue realignment has signed off on the proposed location. Accordingly, Coast Pacific has not been able to execute any type of agreement with the neighbors in regard to the proposed roadway realignment. I would also encourage you to speak to Mr. Adeh about my client's numerous efforts to convene meetings among the neighbors, make concessions to such parties, and reach a mutual resolution of this issue. In addition to attempting to resolve the various right-of-way issues with the neighbors, Coast Pacific has agreed to pay for and install curb and gutter along the boundary of the Property and the Dale Avenue right-of-way, as well as granting an easement to the City for a five-foot sidewalk directly on the Property. This agreement by Coast Pacific has been made notwithstanding the fact that the City arguably should require these improvements to be placed in their proper location: that unused 17' feet of ample City right-of-way existing on the south side of Dale Avenue. This concession has been directly made by c tl""\f"""l A ..,. .A . HOLLAND & HARTLLP ATTORNEYS AT LAW P139 March 4, 2003 Page 3 Coast Pacific on behalf of the neighbors to the south of Dale A venue. Coast Pacific also understands that such improvements not only directly benefit the Property, but all users of Dale Avenue in regard to public health and safety concerns. Coast Pacific believes that, based on the numerous options considered to date and Mr. Adeh' s input in regard to this issue, the currently proposed alignment presents the most sensible solution to the present issue and results in the least impact on the neighbors. Clearly it is within the City's right to utilize much more of the existing 40'right-of-way than 23' if it chose to do so or was otherwise required to do so for public health and safety considerations. The resolution of this issue should not be ultimately left up to two property owners , whose improvements currently encroach into the City's right-of-way and who are arguably not adversely affected by the realignment. The current proposal results in an insubstantial decrease in the existing "parking area" located in front of the neighboring lots and a de minimus impact on the adjacent neighbors. Again, no existing encroachments of the neighbors would be required to be removed as a result of the currently proposed roadway alignment. In an attempt to keep this matter moving forward, I have revised the draft ROW Agreement between the City and Coast Pacific that I last sent to you in December in connection with this issue. Again, this agreement clearly sets forth the obligations of my client to remove the existing roadway located upon the subject property and to bear all costs related to installation of new roadway in that alignment ultimately approved by the City. Based on the recent attempts to work with the neighbors in regard to the right-of-way issues to no avail, the revisions I have made to the agreement delete the previous provisions obligating Coast Pacific to attempt to reach a mutual resolution with all of the neighbors in regard to the ultimate alignment of the roadway. All other provisions have remained the same. My client requests to have the issue of the ROW Agreement added to the agenda for next Monday's City Council meeting. Coast Pacific wants the ability to address this issue with the City Council'(if necessary) and (if necessary)defend the merits of the currently proposed alignment. The forum will also allow Mr. Adeh to speak to the current proposal and public health and safety concerns from the City's perspective in regard thereto. This is the last opportunity my client will have to address this issue with the City Council prior to expiration of the due diligence deadline under the contract for purchase of the Property (which deadline has already been extended twice in order for Coast Pacific to try and resolve matters with the neighbors). ~' P140 March 4, 2003 Page 4 Please call me as soon as possible after reviewing this letter to discuss any questions or concerns that you may have in regard to the issues discussed in this letter and to confirm that this issue can in fact be added to next week's agenda. Very truly yours, SJH:om cc: Coast Pacific Asset Management, Inc. '- ~r'I r'I .~ P14l RlGHT-OF-WAYIMPROVEMENTS AGREEMENT DRAFT 3/4/2003 9:15 AM THIS RIGHT-OF-WAY IMPROVEMENTS AGREEMENT ("Agreement") is made and entered into this day of March, 2003, by and between COAST PACIFIC ASSET MANAGEMENT, INC., a California corporation ("Coast Pacific") and THE CITY OF ASPEN, COLORADO, a Colorado mnnicipal corporation and home rule city (the "City"); WITNESSETH: WHEREAS, Coast Pacific is currently nnder contract to purchase that property located within the City of Aspen, Colorado known as Lot 4A and Lot 5A, Independence #2 Subdivision (the "Property") from the current owner, The Crystal Palace Corporation ("CPC"); and WHEREAS, as part of its due diligence under the contract to purchase the Property, Coast Pacific has discovered that physical road improvements associated with that public right- of-way known as Dale Avenue (hereinafter "Existing Improvements") currently encroach upon a substantial portion of the Property; and WHEREAS, the encroachment of the Existing Improvements onto the Property precludes the full use and enjoyment of the Property and limits the potential development related thereto; and WHEREAS, Dale Avenue is a public right-of-way controlled and operated by the City; and WHEREAS, the City has agreed to allow Coast Pacific, as the contract purchaser of the Property, to remove the Existing Improvements located upon the Property in consideration for adding similar road improvements within a portion of the Dale Avenue right-of-way located directly south of the Property (hereinafter the "New Improvements"), subject to plans and specifications approved by the City; and WHEREAS, the parties desire to enter into this Agreement in order to set forth their respective rights, obligations and liabilities in regard to such removal and construction of the Existing Improvements and New Improvements, respectively. NOW, THEREFORE, in consideration of the mutual promises contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: I. Removal of Existing Improvements. The City hereby authorizes Coast Pacific to remove the Existing Improvements from the Property that currently encroach onto and encumber the Property. The area of the Property on which the Existing Improvements are located is shown ,~ f\ P142 in detail on Exhibit A attached hereto and incorporated herein by reference. The Existing Improvements consist of all physical improvements related to the existing roadway located upon the Property, which improvements may include without limitation asphalt, asphalt fabric, concrete, gravel and other road base materials. The plans for the removal of the Existing Improvements from the Property and the resulting re-alignment of the Dale Avenue roadway adjacent to the Property shall be developed mutually by Coast Pacific and the City prior to the commencement of any such removal actions. The cost of removing the Existing Improvements, including any planning, surveying, design, construction and testing costs related thereto, shall be borne solely by Coast Pacific. Coast Pacific shall abide by all pertinent provisions contained within Chapter 21 of the City's Municipal Code in regard to such removal actions, including without limitation requirements for obtaining any and all permits and approvals necessary for work within a City public right-of-way. 2. Construction of New Improvements. Coast Pacific shall, subsequent to or simultaneously with the removal of the Existing Improvements from the Property as set forth in Paragraph I above, construct and install the New Improvements within the Dale A venue ri'ght-of- way located to the south of the Property, which area is shown in detail on Exhibit A. The New Improvements to be constructed and installed by Coast Pacific within the Dale Avenue right-of- way may include without limitation necessary road materials such as asphalt, concrete, gravel and other road base materials, the installation of which shall conform with and follow all pertinent provisions contained within Chapter 21 of the City's Municipal Code and the latest City Engineering Department Practice Standards on file with the City in regard to construction within public rights-of-way. The extent of the New Improvements installed shall be as necessary to adequately provide for a usable and safe roadway, the plans for which shall be provided and/or approved by the City. The cost to construct the New Improvements within the Dale Avenue right-of-way shall be borne solely by Coast Pacific. The City acknowledges that the New Improvements must be installed within the platted Dale Avenue right-of-way, which right-of-way has historically been utilized by neighbors on the south side of Dale A venue for certain property improvements, including walkways, landscaping, and temporary structures. The parties acknowledge that such encroachments may preclude the construction of the New Improvements to the specifications required by the City's regulations, which regulations require minimum road widths due to public health, safety and welfare factors. Accordingly, the City shall, prior to the installation of the New Improvements by Coast Pacific, decide on the extent and location of the New Improvements and provide plans to Coast Pacific that set forth the same. The parties acknowledge that a proposed alignment has been suggested in regardto the New Improvements that would not require the removal of any existing encroachments within the right-of-way. Notwithstanding this fact, should the City ultimately decide that any portion of the existing encroachments need to be removed in order to construct the New Improvements, the City shall take any and all actions as may be necessary in connection with notification to the neighbors and if necessary, the removal of any existing encroachmentswithin the Dale Avenue right-of-way. The parties acknowledge that upon removal of the Existing Improvements from the Property, the intersection of Dale Avenue and Park Avenue will be altered and that certain work will need to be performed in order to tie-in and transition Park Avenue into the remaining Dale 2 r".~ ^ '0 P143 A venue road improvements. The City shall provide all necessary input in regard to the reconstruction of this intersection, including providing any and all necessary review of engineering analyses and acceptable reconstruction plans related to the new intersection alignment. 3. Subdivision Approval Contingencv. The parties hereby agree and acknowledge that Coast Pacific's obligations, to perform any of the improvements work herein described shall ' be contingent upon the City granting approval of a subdivision application related to the Property to be applied for by Coast Pacific. 'To the extent that the subdivision application contemplated to be applied for by Coast Pacific related tothe Property is not successfully approved by the City, in the sole discretion of Coast Pacific, Coast Pacific shall not be obligated to perform any of the work contemplated herein. Neither this Agreement nor any term hereof shall be included as a condition of approval related to any subdivision application submitted by Coast Pacific. 4. Damage to Adiacent Propertv. Coast Pacific slia.lIpfomptly repair, in a good and workmilnlike manner, any damage to any property located adjacent to either that portion of the Dale A venue right-of-way removed or that portion to be constructed as a result of any construction activities undertaken in connection therewith by Coast Pacific or its agents. 5. Indemnity: Liens. Coast Pacific shall indemnify, assume the defense of and hold free and harmless the City from any and all obligations, liabilities, claims, demands, loss, damage, injury, suit, cost or causes of action whatsoever (including reasonableattorneys' fees) in any way due to bodily injury (including death) and/or property damage or loss of use arising out of the activities of Coast Pacific and its agents undertaken pursuant to this Agreement. Coast Pacific covenants and agrees not to suffer Or permit any lien of mechanics or materialmen or others to be placed against any City-owned or controlled right-of-way with respect to work or services claimed to have been performed for, or materials claimed to have been furnished to, Coast Pacific or its agents in connection with those activities contemplated herein or otherwise. 6. Public Right-of-Wav Setbacks. The parties hereby agree that notwithstanding the historical location of Dale Avenue right-of-way improvements on the Property and the grant of any easement by Coast Pacific to the City for a sidewalk or similar improvements on the Property, the City shall grant to Coast Pacific as part of any subdivision approval related to the Property any and all public right-of-way setback variances necessary to allow the maximum allowed development of the Property and that no public right-of-way setbacks shall in any way deduct from or otherwise diminish the Property's development potential or reduce or otherwise adversely affect allowable floor area, allowable density, or any other applicable dimensional requirements related to the Property, as such may be amended from time to time. 7. Miscellaneous. a. Recording. This Agreement shall be recorded in the real property records of Pitkin County, Colorado. 3 ~ f'\. " P144 b. Modifications. This Agreement may not be modified or amended except by written agreement of the parties. c. Assignment: Termination. To the extent that Coast Pacific does not close under the existing contract to purchase the Property, the rights and obligations of Coast Pacific hereunder may be assigned to CPC without the consent of the City but may not be assigned to any other third party without the prior written consent of the City. To the extent Coast Pacific does not close under the contract to purchase the Property and this Agreement is not assigned to CPC or another third party, this Agreement shall automatically terminate and be of no further force or effect. ' d. Governing Law: Attornevs' Fees. This Agreement shall be governed by the laws of the State of Colorado and either party may enforce this Agreement by appropriate action and the substantially prevailing party shall be awarded their reasonable costs and attorneys' fees incurred in such enforcement from the other party. e. Runs with the Land. Subject to those termination provisions set forth above, the rights, benefits and burdens of this Agreement shall inure to and be binding upon the parties and their respective successors and assigns and shall be appurtenant to and shall run with the title to the Property. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. COAST PACIFIC ASSET MANAGEMENT, INC. By: William Boehringer, President THE CITY OF ASPEN, COLORADO APPROVED BY: By: Nick Adeh, City Engineer John Worcester, City Attorney APPROVED AND ACKNOWLEDGED BY: THE CRYSTAL PALACE CORPORATION, a Colorado corporation and current owner of and holder of title in and to the Property By: F. Mead Metcalf, President 4 , r-. r"\ ^ , ) t""\ P145 STATE OF ) ) ) ss. COUNTY OF The foregoing instrument was acknowledged before me this _ day of March, 2003, by William Boehringer as President of Coast Pacific Asset Management, Inc., a Califomia corporation. Witness my hand and official seal. My commission expires: Notary Public STATE OF ) ) ) ss. COUNTY OF The foregoing instrument was acknowledged before me this _ day of March, 2003, by F. Mead Metcalfas President of The CrystalPalace Corporation, a Colorado corporation. Witness my hand and official seal. My commission expires: Notary Public 3015288_ 4,DOC 5 ~,._-- ..; rUll vvtrtynUtf, VL.:Vl r1Vl VL.lL.flL.VV:J , Ke: J'arK-vale ;::'UOUIVISIon LneCK-In t'age I or I rll h Date: Thu, 27 Feb 200" /4:01. ",6 -070Ci (MST) X-Sender: philo@water X-Mailer: Windows Eudora Pro Version 2.1.2 To: James Lindt <jamesl@ci.aspen.co.us> From: Phil Overeynder <philo@water.ci.aspen.co.us> Subject: Re: Park-Dale Subdivision Check-in n n '-/ James, Nick provided me with a copy of the survey. We acme top the same conclusion as you. Thanks, Phil At 11 :29 AM 2/27/03 -0700, you wrote: >HiPhil, >The applicant in the proposed Park-Dale Avenue Subdivision that we looked >at as DRC a couple of weeks ago has completed an improvements survey >showing both the existing water and sewer lines that run along Dale > Avenue. You had asked the applicant to grant an easement where the water >line ran through the property. However, the survey shows that the water >line is within the right-of-way near the southern edge of pavement and that >the line never runs below the private property. Therefore, to me it does >not look like I need to ask for an easement. Please verify that this is >the case. Also, it appears that there is enough room to relocate the sewer >line back into the public right-of-way and still maintain a ten foot >setback from the water line. Please let me know if you agree with this. > > Thanks, > James > > > Printed for James Lindt <jamesl@ci.aspen.co.us> 02/27/2003 , .., I ----------------------------- " ~ -....----'----0::-__ ,---.... ' ", ~........ .r-,/ . ~ / ',.~ ~'/ A ~" . .. -------- I .. // ., 1 ! .1 I I II i ~/ r< I; . I ~ IC-i I i I ~ I !.. ;..:..J I r- i " /',1 I .. / .' , I .- I ,. , 14 I~ I i I ! I , I Lot 5A i . Independence #2 I f",J-.., f)t"1 MEMORANDUM FROM: Plans were routed to those departments checked-off below: X ........... City Engineer X ......... Community Development Engineer 0......... Police Department X ........... Zoning Officer o ........... Housing Director X ........... Parks Department X ........... Aspen Fire Marshal X ........... City Water X ........... Aspen Consolidated Sanitation District o ........... Building Department o ........... Environmental Health o ........... Electric Department X ........... Holy Cross Electric o ........... City Attorney X ........... Streets Department o ........... Historic Preservation Officer o ........... Pitkin County Planning O.........DRC James Lindt, Planner Community Development Department 130 So. Galena St.; Aspen, CO 81611 Phone-920.5095 Fax-920.5439 TO: RE: Park-Dale Subdivision- Lots 4A and 5A of the Independence No.2, Subdivision Parcel ID #2737-181-33-051 Parcel ID #2737-181-33-052 DATE: January 29, 2003 COMMENTS: Please review the attached application for a Subdivision of Lots 4A and 5A of the Independence No.2 Subdivision into three lots. In conjunction with the subdivision application, the applicant requests approval to move Dale A venue back into the platted right-of-way. A DRC Meeting will be held on Wednesday, February 5th in the Sister Cities Room, Basement of City Hall. Please return comments to John Neiwoehner by February 12th. DRC Meeting: Comments Due: February 5th February 12th Thank You, r t; "'" l"" f , l"" ,~ "'" \ l:':"'> r" I"" it I""' "'" I ,.. ,I: I ,.. r r !"" f ,.. f: r 8 l"" , I""' I ,~,",o<""".ov==f.'"'" ,'c','" ",7,.., ,- ''I "':~. ~":""',,,' :':.. ,','trnnt"mM~""'" '~l" "~~"""::'"''r~"ttr~^'"~'*'''!;{''' PARK -'C2dbjf:~':Ct'C","!!I"':c.,,'?'"Cc-C""'" (rNVEPfN'Df:NG,t......SJJ~.12I~lSIQl:J) . ~, ,~ I I I I Ii! I ~ I m; j ~ I ll! ~ OJ I fiJll I ~ I ~ '8il I ",:;-i ~ I I !II I I I I I i Ill! I I I I A SU1312J'}!lSl0Nvg__GMQ~~g:fMPr:(QNi APPLlc:~r!QN"""",":"""",,,_",, ," .., ,," PREPARED 'By tlAAS LAND PLANNING, LLC 201 NORm MILL STREET SUITE 108 __, ,,' '" _ _._ ' "":_rJ'"" '" _" ,_",_ ":,,..',.""=~,<<i~=:"'-'-,.._,.... "~!_,.,:}~~";,;~,>;;";;,,',".,:;,,;,,,,,~;;.t':"O:;,,,:,,;:;~:.~,<;.;;:~-<,,;;.;';'::<_;.::;;::~:~'.~,::; ASPEN, COLORADO 81 i5J 1 P~ (970)925~7819 f~ (970) 925-7"395 ..". ErJ'UNlJ;. ~~rw. t1et" JANUARY, 2003 .... ;:<' ... plIII!I!l AN APPl.I€A.'I'lON..FOR'..APPROVAt.'OF SUBDIVISION-AND GMQSEXEMPTION REQUESTS FOR LOTS 4/\ & 5AOF THE ,. INDEPENDENCE No.2 SUBDIVISION ... ,... I"'" Submitted by: ... Coast Pacific Asset Management, Inc. c/o Mr. Bill Boehringer,Principal 3535 East Coast Highway, #307 Corona Del Mar, CA 92625 ... ... ... ~ Prepared by: ... HAAS LAND PLANNING, LLC 201 North Mill Street, Suite 108 Aspen, CO 81611 (910) 925-7819 fax: (~7t))915:"13~5 mhaas@sopris.net """'" r- & ~ ... BLUE GREEN, LLC 555 North Mill Street A.spen, Co 81611 (970) 429-7499 fax: (970) 920-7812 bI uegreen@sopris.net ... ... ""...., ,.... PROJECT CONSULTANTS '" 'i, "'",";1 ;':%';, ~',. {:f r~i . ""'''< ' PLANNERS Mitch Haas, AICP Haas Land Planning, LLC 201 North Mill Street, Suite lOa Aspen, CO 81611 (970) 925-7819 Sheri Sanzone, AICP Blue Green, LLC 555 North Mill Street Aspen, CO 81611 (970) 429-7499 ARCHITECT David Brown, AIA Stryker Brown Architects, P.e. 119 South Spring Street Aspen, CO 81611 (970) 925-2100 SURVEYOR Aspen Survey Engineers, Inc. David McBride, L.S. 210 South Galena Street Aspen, CO 81611 (970) 925-3816 LEGAL Shane Harvey, Esq. Holland & Hart, LLP 600 East Main Street Aspen, CO 81611 (970) 925-3476 I"'! k'..' .... .... h"" 1"""', PARK-DALE TABLE 1. INTRODUCTION....................................... . t;,,/ .... II. PROJECT SITE & NEIGHBORHOOD ...............................................3 ~ ,.... ,... ~ .... .... r"""i ,... .... ,.... .... ,... , III. PROPOSED DEVELOPMENT... ................................... .... ... ............6 · Table One: ProposedjR-6 Dimensional Requirements .......................7 IV. REVIEW REQUIREMENTS.. ....... ............................................ ...... .10 A. GMQS Exemptions ................................. .............................10 B. Subdivision Approval......... ........................................................12 C. Residential DesignStandards ................................................1(; , V. VESTED PROPERTY RIGHTS .............. ........... ..................16 EXHIBITS EXhibit 1: Land Use Applica.tion Form Exhibit 2: Pre-ApplicationConference Summary Exhibit 3: Proof ofQwnership Exhibit 4: Letters pf authorization for Applicant EXhibit 5: Letter ()f Authorization to Represent the Applicant E"hibit 6: 2:g11ing Confirmation Letter Exhibit 7: Draft Right-of-Way Improvements Agreement Exhibit 8: List of Properly Owners within 300 Feet of the Subject Property Exhibit 9: Signed and Executed Fee Agreement --.....:.;;.;...,.. ""..,,' ,. ...." ...... - ~ "-"~ .... .... I. INTRODUCTION - This application requests subdivision approval and GMQS exemptions for the construction of three or four residential dwelling nnits on three lots. The property is located on Park Avenue between Hopkins and Dale Avenues. The project site currently includes a residential cabin and a duplex on two lots-Lots 4A and 5A of Independence No.2 Subdivision. .... ,..... ~, The subject property IS zoned (R-6) Medium-Density Residential and this application entails a request to resubdivide the two lots (Lots 4A and 5A) into three lots. Subdivision review is required because the proposal involves reconfiguration of the existing lot lines so as to create three lots. It is also requested that vested property rights status be granted along with the project's land use approvals. (See Land Use Application Form and Pre-Application Conference Summary, Exhibits 1 and 2, respectively.) ....,,"; ,- r:-. ",.,. Coast Pacific Asset Management, Inc., (hereinafter "Applicant"), is nnder contract to purchase the subject property from the Crystal Palace Corporation, current owner of the property (see Proof of Ownership, Exhibit 3). Permission for Coast Pacific Asset Management, Inc., to submit this application is provided in the letter attached hereto as Exhibit 4. Authorization for Haas Land Planning, LLC and BlueGreen, LLC to represent the Applicant is attached as Exhibit 5. The significance of Exhibits 6 and 7 are explained later in this application. A list of property owners located within three-hnndred feet of the property and an executed application fee agreement are attached as Exhibits 8 and 9, respectively. ,.... .... .- I - , This application is submitted by Coast Pacific Asset Management, Inc., pursuant to: Section 26.480-Subdivision, Section 26.470.070(A)(2)--GMQS Exemption- Reconstruction of demolished nnits, and Section 26.470.070(B)-GMQS Exemption- Single Family and Duplex of the Code. - ~ This application is divided into five sections. Section I provides a brief introduction to the application, while Section II describes the project site and neighborhood. Section III outlines the Applicant's proposed development, and Section IV addresses the proposed development's compliance with the applicable review criteria of the Code. Section V is a request for vested property rights status. For the reviewer's convenience, all pertinent supporting documents relating to the project (e.g., proof of ownership, etc.) are provided in the various exhibits to the application. .... ~ .... Park-Dale/Independence Subdivision Page 1 ,.... While the Applicant has attempted to address all releva:nfpiovislonsbfthe Code; and to provide sufficient information to enaple.a.thoroVgh.evaluati()n of the application, qu,,<stions may arise which require additional ipforrnaJion and/or clarificatioll. Upon request, the applicant will provide such additional informatio!,! as may be required in the course ofthe review, Park-Dale/Independence Subdivision Page 2 '~ ,..., ... ... II. PROJECT SITE &; NEIGHBQ~ROOQ , The subject property contains two (2) separate lots known as Lots 4A and 5A of Independence No. 2 Subdivision Plat for Replat of Lots 4, 5 and 6, Independence Subdivision. This is shown on the plat recorded with the Pitkin Connty Clerk and Recorder in Plat Book 10, at Page 6 as Reception No. 225710 (see Plat on the following page). This property was originally three lots (Lots 4, 5 and 6 of the Independence Subdivision, recorded with the Pitkin County Clerk and Recorder in Plat Book 2A-Ditch, Page 234), but was the subject of a subdivision exemption approval in 1979 that converted it to two (2) lots (Lots 4A and 5A). 1"'\ ,... ... ~ Since the 1979 subdivision exemption approval and associated plat were completed after 1975, these lots have not and will not merge-they are two (2) separately developable and/or saleable lots. Per the Code, the Applicant has the option to develop the lots as a single site, ignoring the common lot line and using the outside lot lines for purposes of establishing setbacks and other dimensional requirements. This option is not being pursued. ... "'" ~ As they exist today, Lot 4A has an address of 215 Park Avenue, and the address for Lot 5A is 1180 Dale Avenue. Lot 4A (215 Park Avenue) has been assigned a Parcel IdentificationNumber of 2737~181-33-051, and Lot 5A has a Parcel Identification Number of 2737-181-33-052. Lot 4A is located at the southwest comer of Park and Hopkins Avenues and is 9,005 square feet in size. Lot 5A is immediately adjacent and to the south of Lot 4A, and is located at the northwest comer of Park and Dale Avenues. Lot 5A totals 12,913 square feet. Park Avenue provides the easterly border of both lots, and the westerly border is formed by Lots 2 and 3 of the Independence Subdivision. ... - ,. ... ~ The lots are zoned R-6 (Medium-Density Residential), however, the City of Aspen's Official Zoning Map indicates the lots as zoned R/MF (Residential/Multi- Family). It has been determined by the Community Development Director that the R/MF designation on the Map is an error. This determination is documented in the letter attached as Exhibit 6. No ordinance that effected a change from R-6 to R/MF has been located, nor has any evidence that such action has ever been contemplated by the City. .... .... r- The R-6 zone district's purpose is to provide areas for long-term residential purposes with customary accessory uses. Lands in this zone district are generally limited to the original Aspen Townsite, contain relatively dense settlements of predominately detached and duplex residences, and are within walking distance of the town center. The [tllllII Park-Dale/Independence Subdivision Page 3 ... list of Permitted Uses includes detached residential dwellings, duplexes, two (2) detached dwellings on lots 9,000 square feet or larger, home occupations, accessory buildings and uses, and accessory dwelling units meeting the provisions of Section 26.520. The existing duplex and detached single-family residential uses of the subject properties are in conformance with the permitted uses of the R-6 zone. Existing improvements on Lot 4A include a one-story frame house built in 1956 and two sheds. The Pitkin Connty Assessor's records indicate that the house was remodeled in 1971. The house was, at one time, considered for historic designation but has since been removed from consideration. According to the Assessor's records, the house contains 750 square feet of heated space. Also on Lot 4A is a two-car gravel parking area which is accessed from Hopkins Avenue. There are existing trees and the lot is essentially flat, with no grades in excess of 20%. (See Improvements Survey on the following page.) Existing improvements on Lot 5A include a duplex (two residential units) that was extensively remodeled in 1977. The remodel substantially altered the original features of the structure to an extent removing it from consideration for historic designation. According to the Assessor's records, the duplex contains a total of 1,927 square feet of heated space. Vehicular access to Lot 5A is from Dale Avenue and there is a gravel drive and parking area. There are several existing trees and this lot, too, is basically flat with no grades of more than 20%. The lots are encumbered by limited easements-two (2) utility easements of record are in place and there are no access easements. The first is an aerial utility (public electric and communication) easement granted as part of the Independence No. 2 Subdivision Plat (Book 10, Page 6). The ten (10) foot-wide easement is depicted on the Improvements Survey and is described as being for purposes of: ...constructing, installing, maintaining, inspecting, repairing, replacing, operating and removing poles, aerial lines, electrical transformers and switch cabinets, telephone pedestals, terminal boxes and similar electrical and communication utility appurtenances. The other utility easement is for an nnderground right-of-way granted to Holy Cross Electric Association, Inc. (recorded on January 9,1998 as Reception No. 412347). This easement is not specific with regard to its location, but is a ten (10) foot-wide "as built" easement. The Improvements Survey locates this easement within the above Park-Dale/Independence Subdivision Page 4 ",g~11 '-:::5 ",~'-, () , .r.. " . . 'VJ '.0 ~ ":;:(,,~,\I- ~""~' ",\J!~-- ~~ ! i I ~!~a 1 ~-~~I .""C."...;.',,,,"'''''' ---""-r~-'--_W' "- - \.",,,. .,;0.','", "~""'''~''''~='':~~''I'}!k')F''~t'.F.O':'' '.r,;~r ~ ~ :"' :"". 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'" <.> :; 1:; .., e ~ * 1.. ~ : . ~ ~ ~ ~ ~ ~ ~ ;:! _ <> 0: . N P " l _.; g . li1: !" ~ .. ;; ? g ~ ~~~~ . . , ~ u u ~ _ N 000 ~ ~ r~ r--' Il r-- r-- -~ :---j J -.-.JJi! -~ rr~- '-' Z - '"' ~ e~ ;:;:.... "" "- -~~~~~ ~ ~ '" ;; g:; g .,~ t.tJ;! .... t :: ~ ~ R i >0'" '-' ",. ~..: %;.i :> <> :e .. -' <> :3 ' , i ~ ~ V) .. W i z "' "" V1 "" , , ^ ~-'~ .~~ :Ji ~ ~ :: ~ ~ ~ ~ ! : ~ ~ .n~ Ii'-' I" ,I' ~ ~ Q i " -I- i ~ ~ 2 ; ,~ ,: :: 5 .. l;\::\O: ,.,.' I ' I ~ ; .: ~ : ! ! ;; ~ ~ ~ ~- 'i ~ ~ :g :l i;: !! ~d~~~ ~~ j ,-..., j Fc-- -' ... ... ... ~ "... .... .... , .... ~ ' ~ ~ i.j , r'" .... - ... .... , ~ r-: .... described aerial easement that runs east-west on Lot 4A. The easement all.ows for Holy Cross ingress and egress: ...to construCt, reconstruCt, repair, change, enlarge, re-phase, operate and maintain an underground electric transmission or distribution line, or both, together with associated equipment required above ground. There is also a Haly Cross transformer located adjacent ta the property within the Park Avenue right-of-way. A ten (10) by ten (10) foot-wide easement was also recorded as Reception No. 412347. Existing Dale Avenue is partially located on Lot 5 A. This is indicated 0 n the Improvements Survey. A right-of-way improvements agreement between the Applicant and the City of Aspen is in the pracess of being executed to allow relocatian of the Dale Avenue driving surface off the subject property and into the right-of-way (see Exhibit 7). The surronnding properties include single-family detached and duplex residences. l1anY properties have,re~ently or are currentlynnder redevelopment "Immediately across Park A venue is a recently reconstructed siilgle- family residence and .one currently under reconstruction. There is a R FT A b us route that follows Park A venue with a bus stop located at the intersection of Park and Hopkins Avenue. Park-Dale/Independence Subdivision Page 5 III, PROPOSED DEVELOPMENT The Applicant proposes to re-subdivide Lots 4A and SA Into three lots as shown on the proposed plat (see the following page). The end result of the proposed development will be three lots containing either three or four dwelling nnits. The 6,000 square foot "Lot 1" will contain a detached single-family residence; the 6,921 square foot "Lot 2" will also contain a detached single-family residence; and, the 9,000 square foot "Lot 3" will contain either one or two detached single-family residences or a duplex. Using the reconstruction credits concept described in greater detail under the GMQS Exemptions section of this application (below), the two existing lots (Lots 4A and SA) maintain three (3) G MQS exempt residential reconstruction credits. As such, the property can be subdivided in compliance with the dimensional requirements of the R-6 zoning and the reconstruction units can be developed anywhere on the property that is consistent with the R-6 dimensional requirements and other applicable requirements of the Land Use Code. The subdivision will allow the three reconstructed nnits to be placed on separate, fee simple lots using the allowable FAR floor area for the size oflots created through the subdivision. The three resulting lots will comply with the minimum lot area and lot width requirements of the zone district, and the reconstructed homes will comply with the other dimensional requirements of the zone district. Furthermore, since Lots 4A and SA have a combined area of 21,918 square feet (9,005 square feet and 12,913 square feet, respectively), there is enough land in the re- subdivision to create two lots of at least 6,000 square feet and a third lot with at least 9,000 square feet of area (6,000 + 6,000 + 9,000 = 21,000). This allows development ofa single-family residence on each of the 6,000+ square foot lots, and development of either one s ingle- family residence, two detached single-family residences, or a duplex on the 9,000 square foot lot. Again, with each redeveloped nnit, either an ADU or cash-in-lieu will be provided unless 60% or more of the structure are maintained and incorporated into the redevelopment. Vehicular access to Lot 1 will be generally located in the existing location 0 ff Hopkins Avenue. Vehicular access to Lot 2 will be gained via Park Avenue. Vehicular access to Lot 3 will be taken from Dale Avenue. Each lot will satisfy the applicable off- street parking requirements attributable to the development to be located thereon. Park-Dale/Independence Subdivision Page 6 - - ~" ".","'. .... ......... ........ Existing Dale Avenue will be reconstructed so as to relocate the dilvingsUrtaceto .. ,".,', ..'....... .>,,:,d,~,':... ." ":," within the established and platted right-of-way. An agreement betw,een the Applicant and the City of Aspen is in the process of being executed to this effect (see Exhibit 7). ..., I"'" , , It is proposed that the lots will be developed and then sold. Lot 3 will likely be developed with two detached residential dwellings (using the allowable duplex FAR) and then be condominiumized for the purpose of creating separate ownership interests. I f ADUs are provided they will be designed to meet the Code Provisions in Section 26.520. As the Code allows, the ADUs' floor area will not be counted against the total floor area allowed on each lot if sold, . T, h, e,fl"oor area of ,th"e,.,ADU, s",w, 1,'1,1" b",e, counted, a,g" ainst the, tota,l floor area if rented. IfA6U~arebuilt tobe~~ld, those illlitswil1 also be condominiumized prior to sale. ..., ! ~ Architectural and landscape designs have not been completed for the proposed project. However, the Applicant intends to comply with all applicable Code requirements relating to these design elements. As an example, exterior lighting will be held to a minimum and feattgtl d()vyp~dirtlcti()nal, shielded fixtures so as to comply with the provisions of the Outdoor Lighting regulations. Also, existing trees on site will be protected to the greatest extent possible, and the ResidentialU esign Standards will be adhered to nnless variances are properly obtained. - ,..., "~ For purposes of clarification and ease of reference, the dimensional requirements associated with the R-6 zone district are as depicted in Table One, below. The applicant intends to comply with a II applicable dimensional requirements in the development of Lots 1,2 and 3. Where Table One indicates "TBD" (To Be Determined) for the proposal, the intention is to comply with the requirement of the R-6 zoning but the actual setback, height, site coverage, etc., has not yet been plannti<IJdesigned. - ~ -- TABLE ONE-- PROPOSED/R-6 DIMENSIONAL REQUIREMENTS ~, 1. Minimum Lot Size: . Single-Family Residences: o R-6 requirement: 6,000 sf o Proposal: 6,000 sffor Lot 1, and 6,921 sffor Lot 2 . Detached Duplex Residence: o R-6 requirement: 9,000 sf o Proposal: 9,000 sffor Lot 3 - f' - Park-Dale/Independence Subdivision Page 7 _. 2. Minimum Lot Width: · Single-Family and Duplex Residences: o R-6 requirement: 60 feet o Proposal: 70 feet 3. Minimum Front and Rear Yard Setbacks: · Single-Family and Duplex Residences: o R-6 requirement: 10 feet each, 30 feet combined o Proposal: TBD 4. Minimum Side Yard]: · Single-Family and Duplex Residences, 6,000-8,000 sflots: o R-6 requirement: 5 feet each, 15 feet combined2 o Proposal: TBD · Single-Family and Duplex Residences, 8,000-10,000 sflots: o R-6 requirement: 5 feet each, 25 feet combined3 o Proposal: TBD 5. Maximum Site Coverage: · Single-Family and Duplex Residences, 6,000-9,000 sflots: o R-6 requirement: 40%, to a minimum of30%4 o Proposal: TBD · Single-Family and Duplex Residences, 9,000-12,000 sf lots: o R-6 requirement: 30%, to a minimum of25%5 o Proposal: TBD 6. Maximum Height: · Single-Family and Duplex Residences: o R-6 requirement: 25 feet o Proposal: TBD · Accessory Buildings: o R-6 requirement: 21 feet on the front 2/3rds of the lot, and 12 feet on the rear 1I3rd of the lot o Proposal: TBD ~ 7. Minimum Distance Between Detached Buildings on a Lot: · Single-Family and Duplex Residences: o R-6 requirement: 5 feet o Proposal: TBD1 8. Allowable External Floor Area: · Single-Family Residences, 6,000-9,000 sf lots: o R-6 requirement: 3,240 sf to 3,660 sfmax. o Proposal: Lot 1,3,240 sf; Lot 2, 3,369 sf Park-Dale/Independence Subdivision Page 8 - i j ~, ..... ~ .- , t I'. r"' ~, ,... r- !"'. ,.... - r< h, ,~ ... 1 ; o · Duplex Residences, 9,000-15,000 sflots: o R-6 requirement: 4,080 sf to 4,440 sfmax. b Proposal: tot 3, 4,080 sf 9. Minimum Off-Street Parking Spaces: · Single-Family and Duplex Residences: o R-6 requirement: 2 spaces per dwelling nnit o Proposal: 2 spaces per dwelling unit . Accessory Dwelling Units: o R-6 requirement: 1 space o Proposal: 1 space Table One Notes: 1: Two detached residential dwellings located on one lot shall not be subject to the combined side yard setback requirements, provided that the minimum setback between the two detached dwellings on the lot shall be 10 feet. 2: 15 feet for a 6,000 square foot lot, plus 1 foot for each additional 200 square feet of lot area, to a total of 25 feet of side yard. 3: 25 feet for an 8,000 square foot lot, plus 1 foot for each additional 200 square feet oflot area, to a total of35 feet of side yard. 4: 40% for a 6,000 square foot lot, minus 1 % for each additional 300 square feet of lot area, to a maximum site coverage 000%. 5: 30% for a 9,000 square foot lot, minus 1% for each additiona1600 square feet oflot area, to a maximum site coverage of 25%. P,!rk-DalejIndependence Subdivision Page 9 IV. REVIEW REQUIREMENTS The proposal requires subdivision approval and approval of exemptions from the Growth Management Quota System (GMQS) scoring and competition procedures pursuant to Section 26.470.070(A)(2) and (B) of the Code. This section of the application is organized by applicable review standards, with each set of standards provided as a sub-section hereto. Under each sub-section, every individual review criterion is presented in indented and italicized print and followed by a response demonstrating compliance with and/or satisfaction of the given standard. ('fl' A. GMQS Exemptions The end result of the proposed development will be three lots containing either three or four dwelling units. The 6,000 square foot "Lot 1" will contain a detached single-family residence; the 6,921 square foot "Lot 2" will also contain a detached single- family residence; and, the 9,000 square foot "Lot 3" will contain either one or two detached single-family residences or a duplex. Since existing Lot 5A has a duplex with two legally established dwelling nnits, it maintains two GMQS exempt residential reconstruction credits under the terms of Section 26.470.070(A)(2) of the Code. Said Code section provides certain conditions for use ofreconstruction credits as a GMQS exemption, including the following: a) An applicant may propose to demolish and then delay the reconstruction of an existing dwelling (beyond three years); b) The applicant shall verify, by letter submitted to and approved by the Commnnity Development Director, the number of existing legal nnits on the property prior to demolition and shall agree that reconstruction will occur pursuant to the terms of Section 26.470.070 of the Code; -- '- c) Reconstruction shall occur within five (5) years of demolition, nnless an extension of this deadline is granted by the City Conncil for good cause (the starting deadline for reconstruction is three (3) years, but can be extended to five years by the Community Development Director after submission and review of an accurate Improvements Survey of the structure); and, d) Any building that is demolished shall be limited to reconstruction on the same parcel or on a contiguous parcel owned by the applicant Park-Dale/Independence Subdivision Page 10 ~ ,... , ".. Thus, the existing duplex provid~sfugresi4~!1tiaIW29nst1'ucti9n credits that allow demolition and reconstruction (not necessarily in the same form) of two residential dwelling nnits on the same parcel or on a contiguous parcel nnder common ownership, provided reconstruction occurs within three years and the above cited, standards are met. By agreeing that reconstruction will occur pursuant to the terms of Section 26.470.070 of the Code, the applicant is essentially agreeing to comply with the GMQS exemption requirements for reconstruction of a single-family dwelling or a duplex (construct an AQU(s), or pay the cash-in-lieu fee). A i~ ~ .... Using the reconstruction credits concept described above, the two existing lots (Lots 4A and 5A) maintain three (3) GMQS exernptresidential reconstruction credits. As such, the property can be subdivided in compliance with the dimensional requirements of the R-6 zoning and the reconstruction units can be developed anywhere on the property that is consistent with the R-6 dimensional requirements and other applicable requirements of the Land Use Code. The subdivision will allow the three reconstructed units to be placed on separate, fee simple lots using the allowable FAR floor area for the size of lots created thI-oughthe subdivision. The three resulting lots will comply with the minimum lot area and lot width requirements of the zone district, and the reconstructed homes will comply with the other dimensional requirements of the zone district. ,.., "J. f"'" po - Furthermore, since Lots 4A and 5A have a combined area of 21 ,918 square feet (9,005 square feet and 12,913 square feet, respectively), there is enough land to create a subdivision with two lots of at least 6,000 square feet and a third lot with at least 9,000 square feet of area (6,000 + 6,000 + 9,000 = 21,000). This scenario allows development of a single-family residence on each of the 6,000 square foot lots, and development of e,l,.th, er one single-family, residence, two detac,hed sin,g,le,,-family, residences" or"a., duplex on th~<),()O() sqllare foot ltit. Again, with each redeveloped unit, either an AD1J or cash-in- lieu will be provided nnless 60% or more of the structure are maintained and incorporated into the redevelopment. ,.., "" I - ~ In summary, the GMQS exemptions for this application are obtained through the following means: - 1"'.. . For Lot 1: the GMQS exemption is derived from the remodel or reconstruction of the existing single-family home pursuant to Section 26.470.070(A)(5) or Section 26.470.070(A)(2), respectively, as applicable. W1:lich exemption is used will - Park-Dale/Independence Subdivision Page 11 .... , depend 0 n w hetherthe existing structUre is simply remodeled or demolished and reconstructed. . For Lot 2: the GMQS exemption is derived from a reconstruction credit associated with one of the two existing units in the duplex pursuant to Section 26.470.070(A)(2) ofthe Code. .-"--. · For Lot 3: (a) the GMQS exemption for unit one of a duplex or the first of two detached residences is derived from a reconstruction credit associated with the second of the two existing units in the duplex pursuant to Section 26.470.070(A)(2); and, (b) the GMQS exemption for unit two of a duplex or the second of two detached residences is derived from the fact that the 9,000 square foot lot (Lot 3) allows development of a second attached or detached unit pursuant to the R-6 zoning and Section 26.470.070(B)(2) of the Code. That is, Section 26.470.070(B) of the Code provides an exemption from the GMQS scoring and competition for "the construction of one or two detached residential units or a duplex dwelling on a lot that was subdivided..." Further, Section 26.470.070(B) of the Code allows for "the remodel or expansion of a single-family dwelling unit into a duplex dwelling" exempt from the GMQS scoring and competition procedures; certainly there is no need to finish developing a single-family dwelling only to then expand it into a duplex dwelling to be eligible for this exemption as the end result would be the same and it would only force a triumph for technique over substance, so to speak, at great expense. ~ ,- ~\ G Use of the GMQS exemptions provided at Section 26A70.070(A) and (B) of the Code is approved administratively by the Community Development Director. These exemptions are not deducted from the respective annual development allotments established in Section 26.470.0S0 or from the Aspen Metro Area development ceilings established in Section 26.470.030 of the Code. C~ B. Subdivision Approval ~ Section 26.480--Subdivision of the Code provides direction for the proposed resubdivision of Lots 4A and SA of Independence Subdivision No.2. The purpose of the Subdivision section includes ensuring "the proper distribution of development" and encouraging "the well-planned subdivision of land by establishing standards for the Park-Dale/Independence Subdivision Page 12 - , """ design of a suodivision." This purpose is .forwai-de:d by an4achieve<l with tile proposal made herein. .. .' Section 26.480.020-Applicability and Prohibitions describes instances where subdivision is prohibited, including the requirement for a development allotment or a GMQS exemption. To comply with this section, the Applicant will use the GMQS exemptions described in greater detail above. Section 26:480.()2()of the Code also describes the merger provisions applicable to certain Aspen Townsite lots. As stated earlier in this application, Lots 4A and SA have not and do not merge nnder this Code provision because a subdivision exemption approval and associated plat was completed after 1975. ,... ,. r' 1. Section 26.480.050-Review Standards ^ A. General Requirements a. The proposed subdivision shall be consistent with the Aspen Area Comprehensive Plan. "", , ;;...;; The proposed project is consistent with the AACP. It proposes residential development within the Aspen town limits, is located on an existing transit route, and is within walking distance to the commercial core. ADUs or cash-in-lieu thereof will be provided as required. .... - b. The proposed subdivision shall be consistent with the character of existing land uses in the area. ,... The proposed project is located in a neighborhood 0 fsingle-family and duplex residences. The character of the proposed project is compatible with the single-family ahd . duplex' residential development of" theeXistillg ~erghborhood. Givenlhat the dimensional requirements of the R-6 zone will be complied with, the result will be site planning that is consistent with that which'is typical ofthe neighborhood:' ,," .,., , I "" c. The proposed subdivision shall not adversely affect the future development of surrounding areas. ,.... Since the proposed project is consistent in character with the neighborhood and its R-6 zoning, it will not adversely affect future development of surrounding areas. If anything, the development will facilitate redevelopment of surrounding properties by virtue of implementing positive drainage measures and any necessary utility upgrades. .... Park-Dale/Independence Subdivision Page 13 !"" '\ c.-- The surrounding road and utility systems are mote than adequa.te to' support the net addition of one single-family residence. - d. The proposed subdivision shall be in compliance with all applicable requirements of this Title. As provided throughout this application, the proposed project is and will be in compliance with all applicable requirements of the Code. B. Suitability of land for subdivision a. Land suitability. The proposed project is not located on land considered unsuitable for development. The site is essentially flat, it is developed, and it is surronnded by residential development on all sides. Lots 4A and 5A contain existing development that is not and has not been subject to geologic or other hazards. The proposed project will not be harmful to the health, safety, and welfare of the future residents. "- ~ b. Spatial pattern efficient. The proposed project has not been completely designed, however, the proposed lots, as illustrated on the Proposed Plat, are organized to minimize driveway length, and require neither an extension of public facilities nor incurrence of urmecessary public costs. The property and surrounding area are already developed and served bypublic facilities and services. The cost of any necessary utility extensions or upgrades will be borne by the Applicant. C. Improvements The proposed project will comply with the improvements set forth in Chapter 26.580. The improvements will also comply with the design standards contained in said Chapter. In the event that any variances from the engineering design standards become necessary due to nnforeseen circumstances, special review approval will then be sought. ~ D. Affordable housing. Chapter 26.520-Resident Multi-Family Replacement Program is not applicable since no multi-family dwellings will be demolished. The applicant will provide affordable housing in compliance with the requirements of Chapter 26.470-Growth Park-Dale/Independence Subdivision Page 14 I"" fI1I/!IIrr ~ - !;.;..~ - ~. .~ "'" 1"" J".:l - - !f:.J i '" k ,... w i' .~ .... r., ; ..... ... Management Quota System, and more specifically, in accordance with the requirements of Section 26.470.070(A) and (B) of the Code, as applicable. E. School land dedication. This section ()f the subdivision regulations requires the dedication ofland or the <'-<:.-<::::.:....>'...\',.,.....:....,.,..,..,'<.::....,..,.,;.;...,...,...e'?:.,.t.co.".'....:.\.......::.>..:..:.':.c,:,:::.>.::.""m:'.,.,."-",""\> ,:',,:,"" ':",,":., _.,.. ',,":.:.. ..._.....;.. .. ',. paYment of an in-lieu fee for each new ~esidential unit in a subdivision. As the property in question contains only 21,918 square feet of land, the dedication of land would not be appropriate and the payment of cash-in-lieu represents a more fitting option. These payments shall be made to the City prior to and on a proportional basis to the issuance of any building permits for the residential dwelling units, where the payments shall be based on the following formula and calculations: Formula = Market Value (V A) x Land Dedication Standard (STAND) x 0.33 Based on this formula for determining per nnit fees, as stipulated in Section 26.630.030(B) of the Code, the market value of the unimproved site must first be determined. According to the most current records of the Pitkin Connty Assessor, the market value of the subject property (exclusive of improvements) is $1,850,000.00 (215 Park Avenue = $900K and 1180 Dale Avenue = $950K). With 21,918 square feet of land, the land value is $84.41 per square foot. The reduction standard accommodates for the high price of land by multiplying the cost by one-third (1/3), resulting in an adjusted cost of$27.85 per squflI'e foot ofland. .As the residences have not been designed, the calculation cannot be completed at this time. The Applicant agrees to make the required payments prior to and on a proportional basis with the issuance of building permits for the project. 2. Section 26.480.070-Subdivision Agreement The Applicant will enter into a Subdivision Improvements Agreement (SIA) with the City binding the subdivision to any conditions placed on the development order. This will be done concurrently with the preparation and recordation of the Final Subdivision Plat. All required elements of the SIA will be provided for review by the Community Development Director, the City Engineer, and the City Attorney. Park-Dale/Independence Subdivision Page 15 C. Residential Design Sta.ndards c Section 26.41O.040--Residential Design Standards is applicable to all residential development in the City of Aspen, except that within the R-15B zone district. Since the proposed project is residential and is located in the R-6 zone district, Section 26.410.040 must be complied with 0 r v ariances from specific standards thereof must b e 0 btained. The proposed project's architectural designs have not been completed for this application. However, it is the intent of the Applicant that the standards contained within this Section be met and/or the appropriate variances be requested. V, VESTED PROPERTY RIGHTS ~- In order to preserve the land use approvals which may be obtained as a result of this application, the Applicant hereby requests vested property rights status pursuant to the provisions of Chapter 26.308 of the Aspen Land Use Code. It is our nnderstanding that final approval of the proposed development must be granted by ordinance of the City Conncil to establish such status. It is also our nnderstanding that no specific submission requirements, or review criteria other than a public hearing, are required to confer such status. The Applicant also nnderstands that the City Conncil has the option to provide an exemption of expiration of vested rights for this project which is comprised of detached residential and duplex units. An exemption application may be submitted at any time prior to the three year anniversary of the effective date of the development order. ft. '- ,~ '! ~ Park-Dale/Independence Subdivision Page 16 .... ,... I I'>>, - Exhibit 1: -- Exhibit 2: .. Exhibit 3: "" Exhibit 4: .... h' , "'" Exhibit 5: ,.-; Exhibit 6: - ,~ Exhibit 7: ~.. { Exhibit 8: "'" Exhibit 9: .... "'" r .~ EXHIBITS Land Use Application Form Pre-Application Conference Summary Proof of Ownership Letter of authorization for Coast Pacific Asset Management, Inc. Letter of Authorization for Haas Land Planning, LLC, and Blue Green, LLC to represent the applicant Letter from Sarah Oates Confirming R-6 Zoning Draft Right-of-Way Improvements Agreement List of Property Owners within 300 Feet of Subject Property Signed and Executed Fee Agreement ~ lAND USE APPLICATION PROJECT: ,... Name: Location: ;,.,.., 1l'" ApPLICANT: ,..." , Name: Address: Phone #: Have you attached the following? FEES DUE: $ 0~pre-APPlication Conference Summary Attachment #1, Signed Fee Agreement Response to Attachment #2, Dimensional Requirements Form-.5Q: -r~ Ot1~ \,.lItff'\.Ic.4:1io,..) 0' Response to Attachment #3, Minimum Submission Contents [if Response to Attachment #4, Specific Submission Contents G1 Response to Attachment #5, Review Standards for Your Application ~ ~. ~ ~j ... REPRESENTATIVE: .... , """ TYPE OF ApPLICATION: (please check all that apply): o Conditional Use D Conceptual PUD o Special Review D Final PUD (& PUD Amendment) o Design Review Appeal D Conceptual SPA ~ GMQS Allotment D Final SPA (& SPA Amendment) l.Y1 GMQS Exemption ~ Subdivision o ESA - 8040 Greenline, Stream D Subdivision Exemption (includes Margin, Hallam Lake Bluff, condominiwnization) Mountain View Plane Lot Split Lot Line Adjustment .... ~ , o '..-: 0 D D Temporary Use TextlMap Amendment "" EXISTING CONOITfONS: descri tion of existin ~ M'PI..\C1ff1(oJ, ~0J>l :n: . ..... I ....., PROPOSAL: (descri tion of ro osed buildin s, uses, modifications, etc. $a:; Mf'\..U-A"T',o.1, ~a.l:nt.. .~ .... -\ "'" ... ~ , ..... ' 9ZfoZ.~ D Conceptual Historic Devt. D Final Historic Development D Minor Historic Devt. D Historic Demolition D Historic Designation D Small Lodge Conversion! Expansion D Other: rovals, etc.) ... ~ -po, .... '!"": .. .,.. [' 1'" ... ~: ; EXHIBIT 2 - - r ~ ~ ~ ~ ~., "'" t' - 1'" ,,-:. ;:--1 p.. i, ;JCITY OF ASPEN PRE-APPLICATION CONFERENCESOMMARY - \: ;;,,:0'" PLANNER.: Chris Bend()n, 920.5072 DAlE: 11.8.02 ... 1\ :! , PROJECT: REPRESENTATIVE: OWNER: TYPE OF APPLICATION: Independence #2 Subdivision Mitch Haas 925.7819 Coast Pacific Asset Management Subdivision - Two Step Planning and Zoning Commission, City Council Growth Management Exemption - Administrative 'I!"'" DESCRIPTION: Two existing parcels zoned R-6 containing three residences total. Owner seeking to re- subdivide parcels into three lots - two single-family lots and one lot to contain a duplex or two single-family residences. Reconstruction of the three existing residences allowed as a growth management exemption. Development of the second residence on the duplex lot is allowed as a growth management exemption. All residences will require a growth management exemption (accessory dwelling unit, cash-in-lieu, or an RO deed restriction). .... , ~ ,. '" .... Land Use Code Secti()n(s): 26.470.070A2 GMQS Exemption - Reconstruction of demolished units. 26.470.070B GMQS Exemption - Single FalTlily and Duplex t"' 26.480 Subdivision "." ~ A Process: Review by: Public Hearing: Staff, Planning and Zoning Commission (PH), City Council (PH). Yes, Applicant must post property and mail notice at least 10 days prior to hearing, or at least 15 days prior to the public hearing if any federal agency, state, county, municipal government, school, servic~ distrid or other governmental or quasi-governmental agency owns property within three hundred (300) feet of the property subject to the development application. Applicant will need to provide proof of posting and mailing with an affidavit at the public hearing. Zoning, Engineering, Streets, Water, ACSD, Plaiming Deposit, Major ($2,405 for 12 hours of staff time) Engineering, Major ($345); $2,750 (additional hours are billed at a rate of$205/hour) - I -~ t-' Referral Agencies: Planning Fees: Referral Agency Fees: Total Deposit: ... , To apply, submit the following information (applies only to Lot Split application): Proof of ownership Signed fee agreement. Applicant's name, address and telephone number in a letter signed by the applicant which states the name, address and telephone number of the representative authorized to act on behalf of the applicant. Street address and legal description of the parcel on which development is proposed to occur, consisting of a current certificate from a title insurance company, or attorney licensed to practice in the State of Colorado, listing the names of all owners of the property, and all mortgages, judgments, liens, easements, contracts and agreements affecting the parcel, and demonstrating the owner's right to apply for the Development Application. Total deposit for review of the application 25 Copies of the complete application packet and maps. HPC = 12; 1'Z = 10; GMC = PZ+5; CC = 7; Referral Agencies = lIea.; Planning Staff= I An 8 112" by II" vicinity map locating the parcel within the City of Aspen. Site improvement survey including topography and vegetation showing the current status, including all easements and vacated rights of way, of the parcel certified by a registered land surveyor, licensed in the state of Colorado. (This requirement, or any part thereof, may be waived by the Cotnnnn~ity Development Department if the project is determined not to warrant a survey document.) 9. Proposed plat prepared by a Registered Surveyor. Call City Engineering about plat requirements. 920.5080. 10. Additional materials as required by the specific review. II. A written description of the proposal and an explanation in written, graphic, or model form of how the proposed development complies with the review standards relevant to the development application. Please include. existing conditions as well as proposed. 12. Copies of prior approvals. Disclaimer: TIle fOtegoing summary is advisory in natute only and is not binding on the City. The summary is based on current zoning, which is subject to change in the futute, and upon factual reptesentations that mayor may not be accurate. The summary does not create a legal or vested right. - ""' 9. 10. 11. (This requirement, or any part thereof, may be waived by theCQtt)tl1Ut1ity Development Department if the project is determined not to wan-ant a survey docUlllent.) Proposed plat prepared by a Registered Surveyor. Call City Engineering about plat requirements. 920.5080. Additional materials as required by the specific review. A written description of the proposal and an explanation in written, graphic, or model form of how the proposed development complies with the review standards relevant to the development application. Please include existing conditions as well as proposed. Copies of prior approvals. 12. Disclaimer: TIle fOtegoing summary is advisory in natute only and is not binding on the City. The summary is based on current zoning, which is subject to change in the futute, and upon factual representations that mayor may not be accurate. The summary does not cteate a legal or vested right :"1 '1 - I , j - , J ., , l 1 ,.., L J - 1- .~ .., '""""1 r. CITY OF ASPEN PRE-APPLICATION CONFERENCE SUMMARY PLANNER: Chris Bendon, 920.5072 DAlE: 11.8.02 PROJECT: REPRESENTATIVE: OWNER: TYPE OF APPLICATION: Independence #2 Subdivision Mitch Haas 925.7819 Coast Pacific Asset Management Subdivision - Two Step Planning and Zoning Commission, City Council Growth Management Exemption - Administrative ,-:.... . DESCRIPTION: Two existing parcels zoned R-6 containing three residences total. Owner seeking to re- subdivide parcels into three lots - two single-family lots and one lot to contain a duplex or two single-family residences. Reconstruction of the three existing residences allowed as a growth management exemption. Development of the second residence on the duplex lot is allowed as a growth management exemption. All residences will require a growth management exemption (accessory dwelling unit, cash-in-lieu, or an RO deed restriction). - Land Use Code Section(s): 26.470.070A2 GMQS Exemption - Reconstruction of demolished units. 26.470.070B GMQS Exemption - Single Family and Duplex 26.480 Subdivision Process: Review by: Public Hearing: Staff, Planning and Zoning Commission (PH), City Council (PH). Yes, Applicant must post property and mail notice at least 10 days prior to hearing, or at least 15 days prior to the public hearing if any federal agency, state, county, municipal government, school, service district or other governmental or quasi-governmental agency owns property within three hundred (300) feet of the property subject to the development application. Applicant will need to provide proof of posting and mailing with an affidavit at the public hearing. Zoning, Engineering, Streets, Water, ACSD, Plaiming Deposit, Major ($2,405 for 12 hours of staff time) Engineering, Major ($345); $2,750 (additional hours are billed at a rate of$205/hour) ,.- R.eferral Agencies: Planning Fees: Referral Agency Fees: Total Deposit: To apply, submit the following information (applies only to Lot Split application): r-, I. Proof of ownership 2. Signed fee agreement. 3. Applicant's name, address and telephone number in a letter signed by the applicant which states the name, address and telephone number of the representative authorized to act on behalf of the applicant. 4. Street address and legal description of the parcel on which development is proposed to occur, consisting of a current certificate from a title insurance company, or attorney licensed to practice in the State of Colorado, listing the names of all owners of the property, and all mortgages, judgments, liens, easements, contracts and agreements affecting the parcel, and demonstrating the owner's right to apply for the Development Application. 5. Total deposit for review of the application 6. 25 Copies of the complete application packet and maps. HPC = 12; PZ = 10; GMC = PZ+5; CC = 7; Referral Agencies = Ilea.; Planning Staff = I 7. An 8 112" by II" vicinity map locating the parcel within the City of Aspen. 8. Site improvement survey including topography and vegetation showing the current status, including all easements and vacated rights of way, of the parcel certified by a registered land surveyor, licensed in the state of Colorado. r"'"' Ii? ~ ~ #.'.1 .. ~, "'" , 11"< f: EXHIBIT 3 ~ "'""" 1"" !: ~ t"" ;-, I; ~. , ... ii, .... .... .~ ... ~ cOMMITMENT FOR TITLE INSURANCE ":. /'. ",.\-"",;,.",<.",:,.",:.,'';/,-,.:;,;/::ii'".; -'f:~" ?"',.,,....,'>;~. SCHEtiUL"E A """'" 1. Effective Date: September 11, 2002 at 8:00 AM Case No. PCT17383F ~ 2. Policy or Policies to be issued: (a) ALTA Owner's Polic:y~F&m1g92 ".. Proposed Insured: COAST PACIFIC ASSET MANAGEMENT, INC. (b) AL T A Loan Policy-Form 1992 Amount$ 3,825,066.00 Premium$ 6,723.00 Rate: Standard Proposed Insured: Amount$ 0.00 Premium$ 0.00 Rate: f""'" 1"" Tax Certificate: $10.00 ;;;. 3. Title to the FEE SIMPLE estate or interest in the land described or referred to in this Commitment is at the effective date hereof vested in: .,- THE CRYSTAL PALACE CORPORATION ... f:) 4. The land referred to in this Commitment is situated in the County of PITKIN State of COLORADO and is described as follows: - ,I , , LOTS 4-A and 5-A, INDEPENDENCE N(). 2, according to the Plat recorded July 31, 1980 in Plat Book 10 at page 6. f": !'" ,~ ,....., PITKIN c:::(j(jNfYTiTLE',1N'c. 601 E. HOPKINS ASPEN, CO. 81611 970-925-1766 Phone 970-925-6527 FAX 877-217-3158 Toll Free AUTHORIZED AGENT Schedule M'G.1 This Commitment is invalid unless the Insuring Provisions and Schedules A and B are attached. - ;>., f" ,;:. ~ , SCHEDULE B - sECTION 1 .' REQUIREMENTS' The following are the requirements to be complied with: ITEM (a) Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be insured. ITEM (b) Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record to-wit: 1. Deed, executed by the President or Vice President or other designee authorized by the Board of Directors of: THE CRYSTAL PALACE CORPORATION a COLORADO Corporation To : COAST PACIFIC ASSET MANAGEMENT, INC. NOTE: Corporate Seal or Facsimilie should be affixed. 2. Certified copy of Corporate Resolution authorizing the transaction contemplated herein, and evidencing those persons authorized to act on behalf of said corporation. .... 3. Evidence satisfactory to the Company that THE CRYSTAL PALACE CORPORATION is a duly existing and valid corporation existing pursuant to the laws of the State of COLORADO, must be delivered to and approved by the Company. 4. Evidence satisfactory to the Company that COAST PACIFIC ASSET MANAGEMENT, INC. is a duly existing and valid corporation existing pursuant to the laws of the State of , must be delivered to and approved by the Company. ." 5. Evidence satisfactory to the Company that the Real Estate Transfer Tax as established by Ordinance No. 20 (Series of 1979) and Ordinance No. 13 (Series of 1990) has been paid or exempted. ~ 6. Certificate of nonforeign status executed by the transferor(s). (This instrument is not required to be recorded) 7. Completion of Form DR 1079 regarding the witholding of Colorado Tax on the sale by certain persons, corporations and firms selling Real Property in the State of Colorado. (This instrument is not required to be recorded) ,- 8. Evidence satisfactory to the Company that the Declaration of Sale, Notice to County Assessor as required by H.B. 1288 has been complied with. (This instrument is not required to be recorded, but must be delivered to and retained by the Assessors Office in the County in which the property is situated) "- L- ~ ,~ ~, SCHEDULE B SECTION 2 EXCIlI'T1"ONS The policy or policies to be issued will contain exceptions tathe following unless thE1SarTle are disposedofto the satisfaction of the Company: . - 'i )1 #'< I' 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, shorta!;le in area, encroachments, any facts which a correct survey and inspection of the premises would disclose' and which are not shown by tile public records. 4. Any lien, or right to a lien, for services, labor, or material heretofore or hereafter furnislled, 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 tllis Comrnitment. 6. Taxes due and payable; and any tax, special assessment, charge or lien imposed for water or sewer service or for any other special taxing district. ~ ~ 7. Right of the proprietor of a vein or lode to extract or remove his ore therefrom, should the same be found to penetrate or intersect the premises hereby granted as reserved in United States Patent. - 8. Easements, rights of way and all matters as disclosed on Plat of subject property recorded September 24- 1957 in Plat Book 2A at Page 234 as Reception No. 105595. . ~ 9. Easement and right of way for ingress and egress as set fortll in Deed recorded October 16, 1957 in Book 182 at Page 431. 10. Terms, conditions, provisions, obligations and all rnattersas setfortllin Resolution oftlle Board of County Commissioners recorded October 16, 1957 in Book 182 at Page 432. 11. Terms, conditions, provisions and obligations as set fortll in Agreemenfrecorded Ai:kil11, 1980 in Book 387 at Page 452. ~ ~ 15. Any and leases and tenancies .- . !~ .. ~ ADDITIONAL INFORMATION AND DISCLOSURES The Owner's Policy to be issued, if any shall contain the following items in addition to the ones set forth above: (1) The Deed of Trust, if any, required under Schedule B-Section 1, (2) Water rights, claims or title to water. (NOTE: THIS EXCEPTION WILL APPEAR ON THE ClWNER'S AND MORTGAGE POLICY TO BE ISSUED HEREUNDER) Pursuant to Insurance Regulation 89-2 NOTE: Each title entity shall notify in writing every prospective insured in an owner's. title insurance policy for a single family residence (including a condominium or townhouse unit) (i) of that title entity's general requirements for the deletion of an exception or exclusion to coverage relating to unfiled mechanics or materialmens liens, except when said coverage or insurance is extended to the insured under the terms of the policy. A satisfactory affidavit and agreement indemnifying the Company against unfiled mechanics' and/or Materialmen's Liens executed by the persons indicated in the attached copy of said affidavit must be furnished to the Company. Upon receipt of these items and any others requirements to be specified by the Company upon request, Pre-printed Item Number 4 may be deleted from the Owner's policy when issued. Please contact the Company for further information. Notwithstanding the foregoing, nothing contained in this Paragraph shall be deemed to impose any requirement upon any title insurer to provide mechanics or material mens lien coverage. - NOTE: If the Company conducts the owners or loan closing under circumstances where it is responsible for the recording or filing of legal documents from said transaction, the Company will be deemed to have provided "Gap Coverage". Pursuant to Senate Bill 91-14 (CRS 10-11-122) (a) The Subject Real Property may be located in a Special Taxing District; (b) A Certificate of Taxes Due listing each taxing jurisdiction may be obtained form the County treasurer of the County Treasurer's Authorized Agent; (c) 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: A tax Certificate will be ordered from the County Treasurer by the Company and the costs thereof charged to the proposed insured unless written instruction to the contrary are received by the company prior to the issuance of the Title Policy anticipated by this Commitment. Pursuantto House Bill 01-1088 (CRS 10-11-123) If Schedule B of your commitment for an Owner's Title Policy reflects an exception for mineral interests or leases, pursuant to CRS 10-11-123 (HB 01-1088), this is to advise: (a) There 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 owners' permission. This commitment is invalid unless the Insuring Provisions and Schedules A and B are attached. Schedule B-Section 2 Commitment No. PCT17383F ~ ,... ~ [".J ,.. I' "..,. F "'"' .- ~ r 1---- ,..., r r - "..,! ..... , ~ ""'*, \ EXHIBIT 4 ~ 1'" , ~ January 10, 2003 The CrY~~ Palace Cotporatiop Mr. F. .Mead Metcalf, Presiderit P.O. Box 32 ' , Aspen, CO 81612 ... 1'i'< ~. Aspen Community Development Department 130 South Galena Street Aspen, CO 81611-1975 r f Re: Park-Dale Subdivision & GMQS Exemption Application To whom it may concern: ~ . r-r i As current owner of Lots 4A and SA of the Independence No.2 Subdivision, I hereby authorize Coast Pacific Asset Management, Inc., to submit a land use appli~ation to your office for these properties, located on Park Avenue betWeen Dale and Hopk1.ns Avenues. Coast Pacific Asset Management, Inc.; is under contract to purchase Lolli 4A and SA of the Independence No.2 Subdivision, and under the terms and provisious:of said contract is authorized to submit an application for GMQS Exemptions, Sl,lbdivision ' and associated approvals. ~ ~ Sincerely, .... lj .~ ;;4 cad Metcalf; President Crystal Palace Corporation ...... ".., ti ~ f'i ... - r'" ~ ... T"d Cl'Ki'H'O Wtl8Z:H ::.0. D Ntl[, ""' , ~. ~ i'""' r-. i r ~ 'jIl!IIII!I( EXHIBIT 5 I!"" , .::; ~ '2 .... , ,..., ~ ,~ I~ -'11I"'1 r- ,~ January 10, 2003 .... - Coast Pacific Asset Mgmt, Inc. Mr. William Boehringer, Principal 3535 East Coast Hwy, #307 Corona Del Mat, CA 92625 " ,... v: ; Aspen Community Development Department 130 South Galena Street Aspen, CO 81611-1975 - I Re: Park-Dale Subdivision & GMQS Exemption Application "'" To whom it may concern: ~ I hereby authorize Haas Land Planning, LLC, and Blue Green, LLC, Planning Consultants, to act as our designated and authorized representatives with respect to the land use application being submitted to your office for the Independehce NO.2 properties located on Park Avenue between Dale and Hopkins Avenues. Haas Land Planning, LLC, and Blue Green, LLC are authorized to submit an application for GMQS Exemptions, Subdivision and associated approvals on the Independence No.2, Lots 4A and SA properties. They, or their assigns, are authorized to represent us in meetings with City staff, boards, commissions, and the City Council. "'" , ~ 1"'< Should you have any need to contad me during the course of your review, please do so through Haas Land Planning, LLC, whose addresses and telephone numbers are provided in the application. --. b ; Sincerely, t.... '" .' / ,,/ 4f/II'I"O. Ii'" """ ,... ,i'!""'Oi Ii ~, ~ " . !'"" , .- f< - , '"""". , t"'I ~ ~ EXHIBIT 6 ,-. ~, '" 1"" r (. . - ... ~ f' ~, ""' L r .......,-, -r-, '"""' ,-: ,.... . - t""i .... !!fill( Y'!'. r-, ",","" -. r ~: ...... t~: ,""" - - ASPENIPITKIN COUNTY COMMUNITY DEVEtOPMF:NI: DEPARTMENT ZONING INTERPRETATION ')>, ,: >":~,.:i;;' '-F-'; JURISDICTION: City of Aspen APPLICABLE CODE SECTION: Current Zoning of Lots 4-A and 5-A, Independence #2 Subdivision EFFECTIVE DATE: October 17,2002 WRITTEN BY: APPROVED BY:/ ~ CC: Sarah Oates, City Zoning Officer /0//7/..,- 4^ . ,. ~ ''''''',t:) ~ '"I:.< O~ OJ..... '1i4t" l' .. ..~^ 1~)- ~..-= 'v a, r ,., ~t.. .?/> -7l).. (", <//l SUMMARY: 0,.:- ~i\ <{? '1sA ~~ ""4' 0/9,. '-'c- Mitch Haas, of Haas Land Planning, approached staff on September 26,2002 to deterrnine/(,i" the zoning of Lots 4-A and 5-A of the Independence #2 Subdivision. The most recent ordinance rezoning the property is inconsistent with the Official Zoning Map and the Cornrnrnunity Development Department has been asked to determine the current zoning of the property. ~<"'-'<""1--. DATE: GIS BACKGROUND: The Independence Subdivision was subdivided into 610ts in 1957 and at the time the entire area was zone R-6. At some point between 1968 and 1975 the area was rezoned to R-15. Lot 1 is currently zoned R-15 PUD and Lots 2 and 3 are zoned R-15. All six lots remained zoned R-15 during a 1975 rezoning, which changed most ofthe lots in the area back to R-6, because of concerns relating to access and density. In 1979, the current owner of Lots 4-A and 5-A applied for a rezoning of the property from R-15 to R-6 so that the density on the lots could be increased. At the time, the current Lots 4-A and 5-A were Lots 4, 5 and 6 of the Independence Subdivision. Rezoning of the property to R-6 was approved on June 11, 1979with Ordinance 31 ofI979. The subsequent combining of the lots required a subdivision exemption which was approved. The . subdivision and rezoning were revisited and re-approved by City Council on May 12, 1980 because the plat had not been recorded in the required timeframe. Once the plat was recorded, in July 1980, Lots 4, 5, and 6 became Lots 4-A and 5-A ofIndependence #2 Subdivision, zoned R-6. The Community Development Department has on record a zoning map which originated in 1975 and the final revision was dated February 1980. The next map on record with the department has an unknown origin date but was revised beginning in 1983 through 1988. Both maps show Lots 4-A and 5-A of the Independence #2 Subdivision being zoned as RMF. Staff has been unable to find any ordinances after Ordinance 31 of 1979 which would have rezoned the property. The property was rezoned in June 1979 and the next revision of the map was February 1980. At no point during that time period was the Independence #2 Subdivision rezoned per the ordinances on file in the City Clerk's Office. Staff also has been unable to find any rezoning of the property since that time. Staffwas able to find a 1980 rezoning ofIndependence Subdivision, Block 61, Lots C, D and West Y, of E (located on the comer of Hyman and Garmisch) from RMF to RMF RB and perhaps there was some sort of mix-up as to which Independence Subdivision was rezoned. This subdivision has subsequently been renamed to the Eagle's Nest Subdivision, which will hopefully prevent any further confusion. INTERPRETATION: Based on the records in the City Clerk's Office and the Community Development Department, staff believes the current zoning map is in error and Lots 4-A and 5-A of Independence Subdivision are zoned R-6 as approved in Ordinance 31 of 1979. -, r .:' - o 160' lea~es ......." ~. F.HO[QCft....... L. cO,. RECORD OF PRoCEEDINGS .... ORDINANCE NO. ~ . (Series of 1979) ..... f'.' r-, AN ORDINANCE AMENDING THE ZONING DISTRICT MAP OF THE CITY OF ASPEN, COLORADO, SEC. 24-2.2 BY CHANGING. THE ZgNING OF .LOTS 4, 5. AND. 6 OF INDEPENDENCE SUBDIVISIONFROMR-15 to R-6 t"" WHEREAS, the Aspen City Council has been presented with a recommendation from the Planning and Zoning Commission to amend ..... t Section 24-2.2 of the Municipal Code, and WHEREAS, the City Council wishes to adopt the same for the benefit of the City of Aspen, "'" f.,:.. NOW, THEREFORE, BE IT ORDAINED BY TEE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: ..... Section 1 Section 24-2.2 (Zoning District Map) is hereby amended by -, changing the zoning in the fOllowing described area fromR-lS to R-6: ~ Lots 4, S....and 6 Independence subdivIsion located in the City of Aspen, Colorado ,..., Section 2 If any provision of this ordinance or the application ,.....: thereof to any person or circumstance is held invalid, such ,... invalidity shall not affect other provisions or application of the ordinance which can be given effect without the invalid provision or application, and to this end the provisions of ~ this ordinance are declared to be severable. .Section 3 t--, That a public hearing be held on this ordinance on ~// , 1979, at 5:00 PM in the City - , . Council Chambers, Aspen City Hall, Aspen, Colorado,. 15 days prior to which hearing notice of the same shall be published - ..,_.. C.'.If(IICKU.....I..,U. RECORD OF PROCEEDINGS 100 Leaves once in a ne.wspaper of genera~ circulation. ~ithin 'the. 'City of Aspen. regular meeting ~ law by the City Council of the City of Aspen, COlorado, held at the City of Aspen on the 'l'~ day of , 1979. i/;~X/" fit cy S n ey I........ Mayor . , . . ATTEST: ~'/d~/U ~athryn S KOCh.',"'. . City C1er . . FINALJ;.Y adopted, passed and ~ approved on the I;' day of Stacy Mayor .111 ....~. ATTEST:.. ~),d~-" ~ Kathryn S. och Ci ty C1er . -. -2- ~ I . _______ . .~';'r~~--- ~~% . ).(~.' /' ::,':" :'C'. '. ,... .,... ~-~ ", " >'. '.e..,:., """""'''';''''''''-''-'''<";'',<...''.'''' ...,'" "-- '&'~"')"":"":";",,: ":,,e.,'. ' . ~,~<< l'i':2;t :.,. ,.../ ',. ,.. ,,~1,:'1',:'::.,'.~?:,.. ',':".,,:J:;' ;E\",:::"'<' '. '.1"....'.",:," 'r . .. """'. , ie.......,.;...., ",..". .. .... "''-' '. ,', r. '.": "',. ._ ,... "',' ;..... ..,.' ;"., ',' "''''" ,II .' ~ ~ r- r- tSI'.s."':. . c.:,:, '. .';;i~~~..< "-"';,.'::' I' . ....,-..,;<, at"""'" .';o. - ,.. , ~1' ~'J ..... "'.. , ....'....... 'R, . ~0! '. .'....... ". - _._~- .., ....... '.. ., : .... .. '. :: . '". '. '.':. .' . ". .........'...... '. '. . '.: :.. . '.' ".:. . '. '.. :.. ..... : :7: "-'- "'. . ' . .~ -', .'.: ................"..'. .,......'.,., . . .. '. ~ /' .......l ......'.................... . r..... /'!'t":,. -".. ~. ','" -~ ,.. " ~ ,... r ~ - I" .,.... - r- EXHIBIT 7 ~ , ,.... ~ f': - , , r""' ..., jI111IiIt r - ~. \ ~ - '~ ;,i.:', N ,-. I'""' ... ,... - , ~ ... - - f"H' ?""'"\ b - ,.. ,... l RIGHT-OF- WA YIMPROVEMENTS AGREEMENT TillS RlGHT-OF- WAY IMPROVEMENTS AGREEMENT ("Agreement") is made and entered into this _ day of January, 2003, by and between COAST PACIFIC ASSET MANAGEMENT, INC., a California corporation ("Coast Pacific") and THE CITY OF ASPEN, COLORADO, a Colorado municipal corporation and home rule city (the "City"); WITNESSETH: WHEREAS, Coast Pacific is currentl)'under contract to purchase that property located within the City of Aspen, Colorado known as Lot 4A and Lot SA, Independence #2 Subdivision (the "Property") from the current owner, The Crystal Palace Corporation ("CPC"); and WHEREAS, as part of its due diligence under the contract to purchase the Property, Coast Pacific has discovered that physical road improvements associated with that public right- of-way known as Dale Avenue (hereinafter "Existing Improvements") currently encroach upon a substantial portion of the Property; and WHEREAS, the encroachment of the Existing Improvements onto the Property precludes the full use and enjoyment of the Property and limits the potential development related thereto; and WHEREAS, Dale Avenue is a public right-of-way controlled and operated by the City; and WHEREAS, the City has agreed to allow Coast Pacific, as the contract purchaser of the Property, to remove the Existing Improvements located upon the Property in consideration for adding similar road improvements within a portion of the Dale Avenue right-of-way located directly south of the Property that is currently unimproved (hereinafter the "New Improvements"), subject to plans and specifications approved by the City; and WHBREAS, the parties desire toetlter into this Agreement in order to set forth tlieir respective rights, obligations atid liabilities in regard to such removal and construction of the Existing Improvements and New Improvements, respectively. NOW, THEREFORE, in consideration of the mutual promises contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: I. Removal of Existing Improvements. The City hereby authorizes Coast Pacific to ret!1ove the Existing Improvements from the Property that currently encroach onto and encumber the Property, which Existing Improvements are shown in detail on Exhibit A attached hereto and incorporated herein by reference. The Existing Improvements consist of all physical I improvements related to the existing roadway located upon the Property, which improvements may include without limitation asphalt, asphalt fabric, concrete, gravel and other road base materials. The plans for the removal of the Existing Improvements from the Property and the resulting alignment of the Dale Avenue roadway adjacent to the Property shall be developed mutually by Coast Pacific and the City prior to the commencement of any such removal actions. The cost of removing the Existing Improvements, including any planning, surveying, design, construction and testing costs related thereto, shall be borne solely by Coast Pacific. Coast Pacific shall abide by all pertinent provisions contained within Chapter 21 of the City's Municipal Code in regard to such removal actions, including without limitation requirements for obtaining any and all permits and approvals necessary for work within a City public right-of-way. 2. Construction of New Improvements. Coast Pacific shall, subsequent to or simultaneously with the removal of the Existing Improvements from the Property as set forth in Paragraph I above, construct and install the New Improvements within that portion of the Dale Avenue right-of-way located to the south of the Property, which area is shown in detail on Exhibit A. The New Improvements to be constructed and installed by Coast Pacific within the Dale Avenue right-of-way may include without limitation necessary road materials such as asphalt, concrete, gravel and other road base materials, the installation of which shall conform with and follow all pertinent provisions contained within Chapter 21 of the City's Municipal Code and the latest City Engineering Department Practice Standards on file with the City in regard to construction within public rights-of-way. The New Improvements installed will be similar in square footage to the Existing Improvements removed pursuant to Paragraph I above. No certificate of occupancy shall be issued for any improvements constructed by Coast Pacific upon the Property unless and until the construction of the New Improvements as contemplated in this paragraph have been completed and approved by the City Engineering Department. The cost to construct the New Improvements within the Dale A venue right-of-way shall be borne solely by Coast Pacific. The parties hereby acknowledge that certain improvements have been constructed within that portion of the Dale Avenue right-of-way in which the New Improvements are contemplated to be installed. These improvements have been constructed by owners of property located to the south of and adjacent to Dale Avenue. Such improvements include walkways, landscaping, and temporary structures. The parties agree and acknowledge that such encroachments preclude the construction of the New Improvements as contemplated herein within the right-of-way. Accordingly, the City shall, prior to the installation of the New Improvements by Coast Pacific, contact such neighbors and attempt to facilitate an agreement which is acceptable to all parties in connection with installation of the New Improvements within the Dale Avenue right-of-way. Thereafter, the City shall cause such existing improvements, as applicable, to be removed by the landowners who have installed such encroachments therein to the extent necessary to allow the New Improvements to be installed. Coast Pacific's obligation to install the New Improvements shall be conditioned upon the prior removal of such encroachments from the Dale Avenue right- of-way. 2 ~ ~ """' The parties acknowledge that upon removal 9f1p~g)(.isting Improvements from the Property, the intersection of Dale Avenue and Park Avenue will be altered and that certain work will need to be performed in order to tie-in and transition Park A venue into the remaining Dale Avenue road improvements. The City shall provide all necessary input in regard to the reconstruction of this intersection, including providing any and all necessary review of engineering analyses and acceptable reconstruction plans related to the new intersection alignment. In order to provide adequate and safe turning radii at the new intersection, and for other public health and safety reasons, Coast Pacific acknowledges that it may be necessary to Cotlstfucta small amount ofthe road improvements related to the intersection upon the south- easterly portion of the Property. In such an instance, the parties shall agree on a mutually acceptable plan which plan shall not unreasonably encroach upon the Property or preclude, diminish or otherwise interfere with Coast Pacific's planned redevelopment of the Property. ~. ,... ( ~ r-'" 3. Subdivisiotl Approval COtltingen~Y. The,parties hereby agree and acknowledge that Coast Pacific's obligations to perfoiin any ofthe improvements work herein described shall be contingent upon the City granting approval of a subdivision application related to the Property to be applied for by Coast Pacific. To the extent that the subdivision application contemplated to be applied for by Coast Pacific related to the Property is not successfully approved by the City, in the sole discretion of Coast Pacific, Coast Pacific shall not be obligated to perform any of the work contemplated herein. Neither this Agreement nor any term hereof shall be included as a condition of approval related to any subdivision application submitted by Coast Pacific. ,...., ~ iI"""\' 4. Damage to Adiacent Property. Coast Pacific shall promptly repair, in a good and workmanlike manner, any damage to any property located adjacent to either that portion of the Dale Avenue fight~of-way removed or that portiofl to be cOflstructed as a. result of any construction activities undertaken in connection therewith by Coast Pacific or its agents. ,... r"'": 5. Indemnity; Liens. Coast Pacific shall indemnify, assume the defense of and hold free and harmless the City from any and all obligati?tls: liabilities, claims, detnatlds, loss, damage, injury, suit, cost or causes of action whatsoever (including reasonableattomeys" fees) in any way due to bodily injury (including death) and/or property damage or loss of use arising out of the activities of Coast Pacific and its agents undertaken pursuant to this Agreement. Coast Pacific covenants and agrees not to suffer or permit any lien of mechanics or materialmen or others to be placed against any City-owned or controlled right-of-way with respect to work or services claimed to have been performed for, or materials claimed to have been furnished to, Coast Pacific or its agents in connection with those activities contemplated herein or otherwise. ,... r ~ 6. Public Right-of-Way Setbacks. The parties hereby agree that notwithstanding the historical location of Dale Avenue right-of-way improvements on the Property and the relocation of such improvements pursuant to the terms of this Agreement, the City shall grant to Coast Pacific as part of any subdivision approval related to the Property any and all public right-of-way setback variances necessary to allow the maximum allowed development of the Property and that no public right-of-way setbacks shall in any way deduct from or otherwise diminish the ,... ~; ,... 3 ,... Property's development potential with regard to allowable floor area, allowable density, and other applicable dimensional requirements, as such may be amended from time to time. 7. Miscellaneous. a. Recording. This Agreement shall be recorded in the real property records of Pitkin County, Colorado. b. Modifications. This Agreement may not be modified or amended except by written agreement of the parties. c. Assignment: Termination. To the extent that Coast Pacific does not close under the existing contract to purchase the Property, the rights and obligations of Coast Pacific hereunder may be assigned to CPC without the consent of the City but may not be assigned to any other third party without the prior written consent of the City. To the extent Coast Pacific does not close under the contract to purchase the Property and this Agreement is not assigned to CPC or another third party, this Agreement shall automatically terminate and be of no further force or effect. d. Governing Law: Attornevs' Fees. This Agreement shall be governed by the laws of the State of Colorado and either party may enforce this Agreement by appropriate action and the substantially prevailing party shall be awarded their reasonable costs and attorneys' fees incurred in such enforcement from the other party. e. Runs with the Land. Subject to those termination provisions set forth above, the rights, benefits and burdens of this Agreement shall inure to and be binding upon the parties and their respective successors and assigns and shall be appurtenant to and shall run with the title to the Property. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. COAST PACIFIC ASSET MANAGEMENT, INC. By: William Boehringer, President THE CITY OF ASPEN, COLORADO APPROVED BY: By: Nick Adeh, City Engineer John Worcester, City Attorney 4 .... ,.. Ii, - .... c ~ ,-,. " , ~ .... ~ ,... /""' . ,... ..., ~ ,... - ,""'" ,... \ By: APPROVED AND ACKNOWLEDGED BY: THE CRYSTAL PALACE CORPORATION, a Colorado corporation and current owner of and holder of title in and to the Property F. Mead Metcalf, President 5 STATE OF ) ) ) ss. COUNTY OF The foregoing instrument was acknowledged before me this _ day of January, 2003, by William Boehringer as President of Coast Pacific Asset Management, Inc., a California cOtporation. Witness my hand and official seal. My commission expires: Notary Public STATE OF ) ) ) ss. COUNTY OF The foregoing instrument was acknowledged before me this _ day of January, 2003, by F. Mead Metcalf as President of The Crystal Palace Cotporation, a Colorado cOtporation. Witness my hand and official seal. My commission expires: Notary Public 3015288_3 6 ,,.J It"". ,... - - k', ... lI.'..d """"! .-, .... ,... EXHIBIT 8 . ... ,... r-, k'; ... ,.... f' "..., ,... ,... ~o ',' - ~ i r'! ,.. .... ADAIR ARJA P JR 5375 S GENEVA WY ENGLEWOOD, CO 80111 ASPEN ELF 4301 ARCADY DALLAS, TX 75205 ASPEN VALLEY LANtiTRUST PO BOX 940 ASPE:N. CO 81612 .... C AUVIL PAUL R JR TRUSTEE 50% AUVIL CAROLE A TRUSTEE 50% r- 1024 EAST HOPKINS - #14 ASPEN, CO 81611 BAYOIL USA INC 909 TEXAS AVE STE 202 HOUSTON, TX 77002 BEIDLEMAN NEAL J PO BOX 4362 ASPEN, CO 81612 .... . BELLSILVIAM 1801 SOUTH RD .... BALTIMORE. MD 21209-4505 BENNETT NEIL J PO BOX 9937 ASPEN, CO 81612 BIBBIG DIETER 333 PARK AVE ASPEN, CO 81611 ... BOYD REAL ESTATE LLC PO BOX 89 FOLLY BEACH, SC 29439 BROWN IRVING M & BARBARA J 2600 ISLAND BLVD APT 706 AVENTURA, FL 33160 BUSKY STEPHEN M 1801 SOUTH RD BALTIMORE, MD 21209-4505 .... .... CARDWELL ROBERT A I' 1672 LOUISE ST LAGUNA BEACH, CA 92651 CHASE HEIDI 1019 E HOPKINS AVE ASPEN, CO 81611 CHAZEN DAVID FRANKLIN II CHAZEN CAPITAL PTNRS LLC 767 FIFTH AVE NEW YORK, NY 10153 ,.... CITY OF ASPEN .... 130 S GALENA ST ASPEN, CO 81611 COATES NELlGH C JR 720 E HYMAN AVE ASPEN, CO 81611 CORBIN MARCIA A PO BOX 9312 ASPEN, CO 81612 t""'i, CURRAN MICHAEL FRANCIS 4400 POST OAK PKWY STE 1000 .... HOUSTON, TX 77027 DE COCCO PHILIP 886 STURGIS HWY ',' WESTPORT, CT 0688ll DEJEAN FELIX A III & CAROL YNE 1368 KATHERINE DR OPELOUSAS, LA 70570 .... r l' DEUTCH TRUST OF 1985 C/O IRWIN J DEUTCH 1925 CENTURY PARK E STE 1900 .... LOS ANGELES, CA 90067 k,:, DI LORENZO MICHAEL PO BOX 1346 NEW LONDON, NH 03257 DINERSTEIN JACK & NANCY PTNSHP 6363 WOODWA Y #1 000 HOUSTON, TX 77057 ... DORNEMANN MICHAE:L C/O BMG ENTERTAINMENT 390 LAKE AVE GREENWICH. CT 06830 ECIVENTUREI EMERGING COMPANIES INC C/O 1035 PEARL ST #301 BOULDER, CO 80302 EISENSTAT DAVID H & NINA 2907 ELLICOTT ST NW WASHINGTON, DC 20008 ~ .... ELA CHARLES S · ' 1208 E HOPKINS , ASPEN. CO 81611 ELKINS CHRISTINE 1630 30TH ST #A BOULDER, CO 80301~1014 ELLIOTT ELYSE 610WNORTHST ASPEN, CO 81611 1"'1 EMERGING COMPANIES INC A COLORADO CORPORATION #3011035 PEARL ST BOULDER, CO 80302 FLANIGAN MICKIE 514 SIGNAL HILL RD BARRINGTON,IL 60016 FRENZEL OTTO N III & MARY ANN PO BOX 280 ZIONSVILLE, IN 46077 GLEASON FRANK J JR 235 OVERLAND DR SIDNEY,OH 45365 GORGE MICHAEL 0 6735 TELEGRAPH RD #110 BLOOMFIELD HILLS, MI 48301 GROSZ COLLEEN A TRUST 155 N HARBOR DR #3612 CHICAGO, IL 60601 HITCHCOCK SAMANTHA PO BOX 329 ASPEN. CO 81612 KALNITSKY EUGENE & LINDA BUDIN 1701 S FLAGLER DR APT 1601 WEST PALM BEACH, FL 33401 KELLY JESSIE M L TO PARTNERSHIP #1 1657 W CALLE DEL GRAJO GREEN VALLEY, AZ 85614 ' KRIGEL PEGGY REV TRST 400 W 49TH TER #2054 KANSAS CITY, MO 64112-2303 ENGELBERG ALFRED B & GAIL MAY 1050NLAKEWAY PALM BEACH, FL 33480-3252 FLENDER RICHARD 115 E 67TH ST APT 10B NEW YORK, NY 10021 GAFFNEY MICHAEL J REVOCABLE TRUST C/O JANICE L GAFFNEY 22 ESTATES DR NEW HARTFORD, NY 13413 GODFREY DIANE A & ANDREW H 1250 REGENT STREET ASPEN, CO 81611-2439 GRAYE JOHN A JR PO BOX 9464 ASPEN, CO 81612 HART STEPHAN H ATTN J W DAVIDSON COMPTROLLER PO BOX 8749 DENVER, CO 80201 ICHIMARU SETSUO DR & TOMOKO 4-3-15 SUMIYOSHI NISHI-TOKYO TOKYO 202 0005JAPAN. KAL TENBOCK ERNST 1612 WOODBINE HEIGHTS BLVD TORONTO ONTARIO CANADA, M4B 3M KING WALLACE M 41 THE POINT RD WOOLWICH NSW 2110 AUSTRALIA. LANE JOAN BALL 325 PARK AVE ASPEN. CO 81611 FINE MARTIN & HELEN 58 SAMANA DR MIAMI, FL 33133 FREDERICK W D C/O COATES REID & WALDRON 720 E HYMAN AVE ASPEN, CO 81611 GILBERTSON AMY PO BOX 4362 ASPEN, CO 81612 GOODROE SHIRLEY A 524 WASHNGTON MALL CAPE MAY, NJ 08204 GRENELL BERNARD 8 & BARBARA TRSTE GRENELL FAMILY TRUST 702 N BEVERLY DR BEVERLY HILLS, CA 90210 HEMMING GREGG S PO BOX 622 ASPEN, CO 81612 JONES MICHAEL C POBOX 7966 ASPEN, CO 81612 KELLY JESSIE M LP #1 3310 COUNTY RD 191 PO BOX 54 HILLSIDE, CO 81232 KNUTSON RODNEY D PO BOX YY ASPEN, CO 81612 LOVING GRAHAM III 1024 HOPKINS AVE #13 ASPEN, CO 81611 ... ,.., MARKEL DAVID F .' C/O MOl INC PO BOX 1149 SKIPPACK, PA 19474-1149 MARSHALL THOMAS M & ELLEN M 300 RIVERSIDE AVE ASPEN, CO 81611 ,.., MCCORMICK MURIEL :- PO BOX 3515 ASPEN, CO 81612 MCMICHAEL REVOCABLE TRUSt MCMICHAEL J W JR 4504 E 67TH ST - STE 217 TULSA, OK 74136-4904 ~ MINES THOMAS F JR 1019 E HOPKINS AVE .... ASPEN, CO 81611 MITCHELL ELSA R PO BOX 2492 ASPEN, CO 81612 NICHOLS GARY T PO BOX8116 ASPEN, CO 81612 - PETERSON DORIS , 111 PARK AVE ASPEN, CO 81611 PEVNY HANA PO BOX 10749 ASPEN, CO 81612 ,.., .... POLlCARO AMY S UNO 2/3 INT , PO BOX 11704 ASPEN, CO 81612 POLlCARO JOANNA UNO 1/3 INT 4311 RAND MORE RD COLUMBUS,OH 43220-4441 .... PORTNOY BARBARA A 50% ....1890 BOHLAND rSTPAUL, MN PORTNOY GERALD A 50% PO BOX 44429 EDEN PRAIRIE, MN 55344-1429 r-: , , RODELL TIMOTHY C & MARJORIE M PO BOX 8005 ASPEN, CO 81612-8005 REYNOLDS INDUSTRIES INC 5005 MCCONNELL AVE ....LOS ANGELES, CA 90066 " ,.., ;, ,SEID MEL '.'1104 DALE AVE ASPEN, CO 81611 M SELlNKO VERA L 7700 SAN FELEPE STE 340 HOUSTON, TX 77063 ,.., SIMON FAMILY QPRT , . C/O CHARLES SIMON 1800 NE 114TH ST PH3 NORTH MIAMI, FL 33181 SOLHEIM LAUREN 1024 E HOPKINS #17 ASPEN, CO 81611 .... " f i) MCCORMICK JOHN 302 E HOPKINS ASPEN, CO 81611 MCPHEE RODERICK F AMENDED 1985 TRUST 1/2 2022 KAKELA DR HONOLULU, HI 96822-2157 MOONEY TIMOTHY PO BOX 8931 ASPEN, CO 81612 PEARL JILL 1207 E HOPKINS AVE ASPEN, CO 81611 PLATT ROBERT A & VALERIE Y OLD MUTUAL WASH MALL PHASE 2 22 CHURCH ST HAMILTON, HM 11 BERMUDA POLLOCK PERRY H PO BOX 950 ASPEN, CO 81612 PRICE LINDA J TRUST VITTI LINDA PRICE TRUSTEE 326 RIVERSIDE AVE ASPEN. CO 81611 SANDLER ANDREW & RICKY TRSTE 104 MIDLAND AVE ASPEN,CO 81611 SHADDOCK L YNDSA Y C/O RESORT MGNT ATTN CAHILL PO BOX 597 CARBONDALE, CO 81623 SPECK KARIN PO BOX 9912 ASPEN, CO 81612 TAUSCHER ETNA 107 PARK AVE ASPEN, CO 81611-2425 TBH LLC 4500 PGA BLVO STE 207 PALM BEACH GAROENS,FL 33418 TERKUN MARK PO BOX 329 ASPEN, CO 81612 TRALlNS ALAN 3850 TAMPA RO PALM HARBOR, FL 34684 WANG EDWARD D 30% 1406 MAIN ST EVANSTON,IL 60201 WANG KARINA 565 DREXEL AVE GLENCOE, IL 60022 TCDC INC 1037W 59TH ST KANSAS CITY, MO 64113 VANMOORSEL GERARDUS H & MELlNDP E 1021 E HOPKINS ASPEN,CO 81611 WOGAN JAQUELlNE T PO BOX 158 ASPEN, CO 81612 - r ,11IIII\ "" "" ~ "" ... ~ EXHIBIT 9 "" ~ ,.., ~. ~ "" , ,.., .... '"" ,;" " , ~ ,., ,... .... ",",", ; , "'" - j; , ,... .... I"""i , ~ - ~ - i p .... 1, ~, .... ~" , l' ~cr-~~-~uuu J'KI U~;~I Hn r AX NU. P. 03 ASPEN/PITKIN COMMUNITY DEVEI'oI'MEN'I' DEPARTMENT Al!r.e~ellt for Payment ofCitv o(As~n Dcvclo"men!~pl>lication :(f!! CITY OF ASPeN (hereinafter CITY) llIld ~~ P~Al'J- ~ (r11bJ~1'IIan: .1rJc.. (ilminatier APPLICANT) AGReE AS fOLLOWS: S I. ~ APP~CANT has subminef! to CITY an application for u601"I~O.J ~ct5 ex€"!o'INo.J<;;. _ (he1"einaller. llfE PROJeCT). . 2. APPLICANT und.l~tands and agn:c,s that City of Aspen Ordinance No. 45 (Series of 1999) eSI.blishes a fee SIrUClure for Land Use applic.tions and thc payment of all processing fees is a condition precedcnl to a dctermination of applicati"lI completeness. 3. APPLICAN1' and CITY agree thar because oftlte size. nalure or scope of the proposed project, it is not po.<sible at dlls lime to ascertain the full extent of the costs involved in l,rocessing lhc application. API'l.JCANT and CITY timber agr6C that it is ill tile jnten:st of the parties that API'LICAN'r make paymffit of an initial deposit and to thereaticr pe,mil addilional costs to be biIlcd to APPLICANT on a monthly ba..is. APPLICANT asre.. additional costs tnay accrue followinS their hearings andlor approvals. APPLICANT agrces be will be benefited by retaining greatcr ...osh liquidity and will make additional payments upon notification by me CrIY whe., they are necessary as costs are incurred. CITY agrees it will be benefited through Ihe greal~ cC11ainty of recovering its fulJ costs to process API'I.lCANl"'S application. 4. CITY and APPLICANT funller agree that it is impl"acticable for CITY starr to complete processing or prosent sllfi]cient inlQ.mation to the Planning Conunlssion and/or City Council to enable the Planning C"mmi"ion and/or City Council to make legally required findings for project considcration. unless curren! billings are paid in full priot to decision. 5. Thcn:rore, APPLICANT agrees lhat in consideration of the CITY's waiver of its right to collect full fees prior to a detere.!nation of apDlicatlo!, completeness, APPLICANT shaR pay an initial deposit in thc alllount of $ -:r;tSb~ which Is for 12... hours of Community Development staff time, and if actoal recorded CQl;ts exceed the initial deposit. APPLICANT shan pay additional montbly biIlings to CITI' to reimburse lhe CITY for the processinJ; of the aPl'lication mentioned above, including post approval review. Such periOdic payments shalt be made within 30 days of Ihe billing date, APPLICANT fUllher agrees that failure to pay such acnucd costs shall b~ grounds for suspension of processing, llJld in no case will building pennil. be issued until all costs ;as.socia!~d with case ptoc~~.sjn~ have been paid. CITY 01> ASPEN "'(PPLlCANT 8y:__.._ Julie AnD Wood. COllllbunity Dn>e/opmenr Dia..cto,' ::~-. s Mailing Address: 3535 f;. a~ ~t4I\'(,:I# 301-._ 9'J(;~~ g,lsUIJportl(orms"'grpayas.doc /2fZ7199 .f ~SIT fI1v1T. ,,.lCtAItS M~ ~1~~R~R.If(..~