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HomeMy WebLinkAboutLand Use Case.100 Luke Short Ct.A049-03I DO l. M.ki 91"Vi 84 U·. 4049-0-3 2*L ' 2737-074-27-701 A049-03 - Centennial PUD Amendment, GM Exemp.--. Subdivision f / I..41 //16 ( ' 1 4 U......ff,~Mi j ~Ib<L HAJ N €123 1 1-10 3 L. 1 /Lk» /1~4 k. n ·-t I - r 11 1' 3~ 4 920 -fict 49443-0 ORDINANCE N0.56 (SERIES OF 2003) AN ORDINANCE OF THE ASPEN CITY COUNCIL APPROVING A PUD AMENDMENT AND A GMQS EXEMPTION FOR THE DEVELOPMENT OF AFFORDABLE HOUSING TO THE CENTENNIAL PUD TO ALLOW FOR THE APPROVED MODEL UNIT IN BUILDING H, OF THE CENTENNIAL RENTAL HOUSING UNITS TO BE CONVERTED TO AN AFFORDABLE HOUSING UNIT; AND APPROVING A SUBDIVISION AND A REZONING REQUEST TO ALLOW FOR THE EXISTING PLAYGROUND TO BE DEDICATED AS A PUBLIC PARK, CITY OF ASPEN, PITKIN COUNTY, COLORADO. Parcel ID: 2737-074-27-701 WHEREAS, the Community Development Department received an application from Centennial Aspen II Limited Partnership, represented by Alan Richman Planning Services, requesting approval of a PUD amendment to the Centennial PUD and a GMQS exemption for the development of affordable housing to allow for the previously approved model unit in Building H to be converted into a deed restricted employee housing unit; and a subdivision and rezoning request to allow for the existing playground area outside of Building H to be subdivided, rezoned to the Park Zone District, and dedicated to the City of Aspen as a public park; and, WHEREAS, the Planning and Zoning Commission approved the addition of a model unit to Building H of the Centennial PUD pursuant to Resolution No. 12, Series of 2003; and, WHEREAS, pursuant to Land Use Code Section 26.445, Planned Unit Development; Section 26.470, Growth Management Quota System; Section 26.480, Subdivisioni and Section 26.310, Amendments to the Land Use Code and Official Zone District Map; City Council may approve, approve with conditions, or deny the land use requests made by the applicant during a duly noticed public hearing after taking and considering comments from the general public, and recommendations from the Planning and Zoning Commission, Community Development Director, Housing Authority Staff and relevant referral agencies; and, WHEREAS, upon review of the application and the applicable code standards. the Housing Authority has reviewed the requested waiver of asset, residency, and income restrictions and recommended approval of such waivers with conditions; and, WI-IEREAS, upon review of the application and the applicable code standards, the Community Development Department recommended approval of the proposed PUD amendment, GMQS exemption, subdivision, and rezoning requests, with conditions; and, WIIEREAS, during a duly noticed public hearing on October 21,2003, the Planning and Zoning Commission approved Resolution No. 24, Series of 2003, by a six to zero (6-0) vote, recommending that City Council approve the requested PUD amendinent, GMQS exemption for affordable housing, subdivision, and rezoning; 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 Planning and Zoning Commission, the Community Development Director, the Aspen/Pitkin County Housing Authority Staff. the applicable referral agencies. 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 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 CITY COUNCIL OF THE CITY OF ASPEN, COLORADO THAT: Section 1: Pursuant to the procedures and standards set forth in City of Aspen Land Use Code Section 26.445, Planned Unit Development, and Section 26.470.070(J), GMQS Exemptions .for affordable housing, City Council hereby approves a PUD Amendment and a GMQS exemption to allow for the previously approved model unit in Building II of the Centennial PUD to be converted into a deed-restricted affordable housing unit with the following conditions: 1. Occupancy of the unit shall be limited to no more than 60 days per year. including no more than 15 days during any month and no more than 10 consecutive days at any time until such time as the unit is either rented or until the unit is sold, either as a separate condominiumized unit or as part of the Centennial Rental Affordable Housing Complex. Upon the unit being rented or being sold with the remainder of the Centennial complex, the unit will be required to be rented or sold pursuant to the terms of the Centennial disposition and development agreement for a Category 3 unit. 2. The Applicant shall submit a quarterly report to the Aspen/Pitkin County Housing Authority detailing who has occupied the unit and on what dates it has been occupied during the past quarter. The quarterly report shall be submitted until such time as the unit is rented on a full-time basis or until the unit is sold as part o f the remainder of the Centennial Rental Complex. 3. A waiver of asset, residency, and income restrictions shall be in place until such time as the unit is rented on a full-time basis or until the unit is sold as part o f the remainder o f the Centennial Rental Complex. 4. Approval of this request supercedes Planning and Zoning Commission Resolution No. 12, Series of 2003 and voids Condition No. 1 and Condition No. 10 in said resolution. With the exception of Conditions 1 and 10 of Planning and Zoning Commission Resolution No. 12, Series of 2003, the conditions in said resolution remain in full effect. Section 2: That City Council hereby approves the proposed subdivision request to parcel off the existing playground for the purpose of improving the playground and dedicating it to the City of Aspen as a public park, with the following conditions: 1. The Applicant shall prepare a subdivision plat to be recorded at the Pitkin County Clerk and Recorder's Office within 180 days of City Council's approval. The Applicant shall also prepare a subdivision agreement to be recorded at the Pitkin County Clerk and Recorder' s Office within 180 days ofthe City Council's approval. 2. The Parks Department shall be able to use the Centennial water system to irrigate the park at the Applicant's expense. However. the City of Aspen Parks Department shall maintain the sprinkler system within the Park Parcel. 3. This PUD amendment shall establish the minimum lot size for the park parcel at 6,000 square feet. 4. A sign shall be erected at the sidewalk connection between the Park Circle sidewalk and the park' s interior sidewalk that clearly identifies this connection as the entryway to the park. 5. Utility maintenance easements shall be granted to the utility agencies that currently have utility services located in the land to be dedicated as the park. 6. The City shall place a conservation easement over the park parcel. 7. If it is determined that any portion of the Centennial Subdivision/PUD is located outside of the City's incorporated boundaries, then the Applicant shall submit a petition to annex those lands in conjunction with filing the subdivision plat that is required to be prepared in Condition No. 1 above. Section 3: That City Council hereby rezones the playground parcel to be created to the Park (P) Zone District. Section 4: 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 construed and concluded under such prior ordinances. Section 5: If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held invalid or unconstitutional in a court of competent .jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereo f. Section 6: A public hearing on the ordinance shall be held on the 8th day of December, 2003, in the City Council Chambers. Aspen City LIall, Aspen, Colorado. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council ofthe City of Aspen on the 10th day ofNovember, 2003. Helen Kalin KIanderud, Mayor Attest: Kathryn S. Koch, City Clerk FINALLY, adopted, passed and approved by a vote of five to zero (5-0), this 8th day of December, 2003. Helen Kalin Klanderud, Mayor Attest: Kathryn S. Koch, City Clerk Approved as to form: John P. Worcester, City Attorney MEMORANDUM TO: Julie Ann Woods, Community Development Director FROM: James Lindt, Planner ~+3 - RE: Centennial Park PUD Amendment DATE: February 20.2004 APPLICANTS: Centennial Aspen II Limited Partnership LOCATION: 100 Luke Short Ct. ZONING: IUMFA with a PUD Overlay REVIEW PROCEDURE: Insubstantial amendments to an approved PUD may be approved, approved with conditions, or denied by the Community Development Director, pursuant to Section 26.445.100(A), PUD Insubstantial Amendments. BACKGROUND: The Applicant received approval to subdivide off the existing playground area (northwest corner of Brown Lane and Park Avenue) from Lot 3 of the Centennial Subdivision/PUD and improve it with new equipment, then dedicate it to the City of Aspen as a public park pursuant to Ordinance No. 56, Series of 2003. The conditions of approval contained within Ordinance No. 56 approving the subdivision specified that the minimum lot size for the "Park Parcel" would be 6,000 square feet. However, due to an apparent survey discrepancy, a portion of the park area that was proposed to be dedicated to the City was already landscaped public right-of-way. Therefore, the actual parcel size of the "Park Parcel" will be only about 5,000 square feet. Thus, the Applicant has proposed to amend the PUD to allow for the Park Parcel to contain a minimum lot size of 5,000 square feet. STAFF COMMENTS: Staff does not believe that the character of the development approval is significantly affected by the above-mentioned discrepancy in lot size for the "Park Parcel". The Applicant made a representation in the original review of the project that they were going to dedicate an area of approximately 6,000 square feet to the City of Aspen for use as a public park. The entire area that was anticipated to be used as part of the park will still be included in the park use since the property subject to the survey discrepancy is currently landscaped public right-of- way that will function like part of the park. Staff feels that the insubstantial PUD amendment review standards are met by the proposed request. 1 RECOMMENDATION: Staff recommends that the Community Development Director approve the proposed amendment to allow for the minimum lot size of the Centennial "Park Parcel" to be 5.000 square feet rather than the 6,000 square feet that was originally approved. APPROVAL: I hereby approve this insubstantial PUD amendment to the Centennial Rental Unit PUD to allow for the minimum lot size of the "Park Parcel" to be only 5,000 square feet rather , than the 6,000 square feet that was approved in Ordinance No. 56, Series of 2003. Cl r€- 67--~ date 3/l /O+ Ju~Ann Woods, Community Development Director ATTACHMENTS: Exhibit A -- Review Criteria and Staff Findings 8, 940 Exhibit B -- Ordinance No. 56, Series of 2003 ¥ A COMMUNry [129 4 tool 4»w·t-,· d. r, 1,1 CK . 6 7 -h 2 I I Exhibit A Review Criteria & Staff Findings Insubstantial PUD Amendment. The Community Development Director may approve an amendment to an approved PUD if the proposal meets the following reTriew standards. 1. A change in the use or character of the development. Staff Finding: Staff does not believe that the proposal will change the use or the character of the development in that the entire area that was to be used as part of the park will still function as part of the park since the area subject to the survey discrepancy is already landscaped public right-of-way. Staff finds this criterion to be met. 2. An increase by greater than three (3) percent in the overall coverage of structures on the land. Staff Finding: The proposed PUD Amendment will not change the land coverage of structures within the PUD. Staff finds this criterion not to be applicable. 3. Any amendment that substantially increases trip generation rates of the proposed development, or the demand for public facilities. Staff Finding: Staff does not feel that the request will increase trip generation rates or the demand for public facilities. Staff finds this criterion not to be applicable. 4. A reduction by greater than three (3) percent ofthe approved open space. Staff Finding: The area that was originally anticipated to be part of the park will still functionally operate as part of the park. Staff finds this criterion to be met. 5. A reduction by greater than one (1) percent of the off-street parking and loading space. Staff Finding: The Applicant is not requesting an amendment to the existing or required number of parking spaces. Staff finds this criterion not to be applicable. 6. A reductionin required pavement widths or rights-of-wayfor streets and easements. Staff Finding: The Applicant is not proposing changes to right-of-way widths. Staff finds this criterion not to be applicable. 7. An increase of greater than two (2) percent in the approved gross leasable floor area of commercial buildings, Staff Finding: The Applicant is not proposing changes to the gross leasable fioor area of commercial buildings. Staff finds this criterion not to be applicable. 8. An increase by greater than one (1) percent in the approved residential density of the development. Staff Finding: The Applicant is not proposing a change in the residential density. Staff finds this criterion not to be applicable. 9. Any change which is inconsistent with a condition or representation of the project's original approval or which requires granting a further variation from the project's approved use or dimensional requirements. Staff Finding: The approval granted by City Council considered an approximate area that was to be incorporated into the public park. This area that was considered to be part of the park is not changing given that the area subject to the survey discrepancy is landscaped right-of-way that functionally operates like part of the public park. Thus. staff finds this criterion to be met. Ex k j b i 7 1" ORDINANCE NO. 56 (SERIES OF 2003) AN ORDINANCE OF THE ASPEN CITY COUNCIL APPROVING A PUD AMENDMENT AND A GMQS EXEMPTION FOR THE DEVELOPMENT OF AFFORDABLE HOUSING TO THE CENTENNIAL PUD TO ALLOW FOR THE APPROVED MODEL UNIT IN BUILDING H, OF THE CENTENNIAL RENTAL HOUSING UNITS TO BE CONVERTED TO AN AFFORDABLE HOUSING UNIT; .AND APPROVING A SUBDIVISION AND A REZONING REQUEST TO ALLOW FOR THE EXISTING PLAYGROUND TO BE DEDICATED AS A PUBLIC PARK CITY OF ASPEN, PITKIN COUNTY, COLORADO. Parcel ID: 2737-074-27-701 WHEREAS, the Community Development Department received an application from Centennial Aspen II Limited Partnership, represented by Alan Richman Planning Services, requesting approval of a PUD amendment to the Centennial PUD and a GMQS exemption for the development of affordable housing to allow for the previously approved model unit in Building H to be converted into a deed restricted employee housing unit; and a subdivision and rezoning request to allow for the existing playground area outsile-of Building H to be subdivided, rezoned to the Park Zone District, and dedicated to the City o f Aspen as a public park; and, WHEREAS, the Planning and Zoning Commission approved the addition of a model unit to Building H o f the Centennial PUD pursuant to Resolution No. 12, Series of 2003; and, WHEREAS, pursuant to Land Use Code Section 26.445, Planned Unit 1 Development; Section 26.470, Growth Management Quota System; Section 26.480, -= Gy O 5 291 Subdivision; and Section 26.310, Amendments to the Land Use Code and Official Zone (\1 G ® District Map; City Council may approve, approve with conditions, or deny the land use 1 - 2 0 1 01 6; E requests made by the applicant during a duly noticed public hearing after taking and W Ze considering comments from the general public, and recommendations from the Planning and Zoning Commission, Community Development Director, Housing Authority Staff and relevant referral agenci.es; and, WHEREAS, upon review of the application and the applicable code standards, the Housing Authority has reviewed the requested waiver of asset, residency, and income restrictions and recommended approval o f such waivers with conditions; and, - WHEREAS, upon review of the application and the applicable code standards, the Community Development Department recommended approval of the proposed PUD amendment, GMQS exemption, subdivision, and rezoning requests, with conditions; and, WHEREAS, during a duly noticed public hearing on October 21, 2003, the Planning and Zoning Commission approved Resolution No. 24, Series of 2003, by a six to zero (6-0) vote, recommending that City Council approve the requested P-UD ~ i ·. amendment, GMQS exemption for affordable housing, subdivision, and rezoning; and, 00' I7 hi 03 A_NACJ NIN-Id 9,480 WIA,JS 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 Planning and Zoning Commission, the Community Development Director, the Aspen/Pitkin County Housing Authority Staff, the applicable referral agencies, 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 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 CITY COUNCIL OF THE CITY OF ASPEN, COLORADO THAT: Section 1: Pursuant to the procedures and standards set forth in City of Aspen Land Use Code Section 26.445, Planned Unit Development, and Section 26.470.070(J), GMQS Exemptions for afordable housing, City Council hereby approves a PUD Amendment and a GMQS exemption to allow for the previously approved model unit in Building H of the Centennial PUD to be converted into a deed-restricted affordable housing unit with the following conditions: 1. Occupancy of the unit shall be limited to no more than 60 days per year, including no more than 15 days during any month and no more than 10 consecutive days at any time until such time as the unit is either rented or until the unit is sold, either as a separate condominiumized unit or as part of the Centennial Rental Affordable Housing Complex. Upon the unit being 01;M$ rented or being sold with the remainder of the Centennial complex, the unit will be required to be rented or sold pursuant to the terms of the Centennial disposition and development agreement for a Category 3 unit. 2. The Applicant shall submit a quarterly report to the Aspen/Pitkin County Housing Authority detailing who has occupied the unit and on what dates it has been occupied during the past quarter. The quarterly report shall be submitted until such time as the unit is rented on a full-time basis or until the unit is sold as part of the reminder of the Centennial Rental Complex. 3. A waiver o f asset, residency, and income restrictions shall be in place until such time as the unit is rented on a full-time basis or until the unit is sold as part of the remainder of the Centennial Rental Complex. 4. Approval of this request supercedes Planning and Zoning Commission Resolution No. 12, Series of 2003 and voids Condition No. 1 and Condition dGI Z : i:lf00 Illi ilii 111 Iij Illilil Ii; liljill iiji lljill ijill illi I 00 KINAOO NIMIId SIAUG WIAnIS No. 10 in said resolution. With the exception of Conditions 1 and 10 0 f Planning and Zoning Commission Resolution No. 12, Series of 2003, the conditions in said resolution remain in full effect. Section 2: That City Council hereby approves the proposed subdivision request to parcel off the existing playground for the purpose of improving the playground and dedicating it to the City of Aspen as a public park, with the following conditions: 1. The Applicant shall prepare a subdivision plat to be recorded at the Pitkin County Clerk and Recorder's Office within 180 days of City Council's approval. The Applicant shall also prepare a subdivision agreement to be recorded at the Pitkin County Clerk and Recorder's Office within 180 days of the City Council's approval. 2. The Parks Department shall be able to use the Centennial water system to irrigate the park at the Applicant's expense. However, the City of Aspen Parks Department shall maintain the sprinkler system within the Park Parcel. 3. This PUD amendment shall establish the minimum lot size for the park parcel at 6,000 square feet. Cfr#,z 4. A sign shall be erected at the sidewalk connection between the Park Circle sidewalk and the park's interior sidewalk that clearly identifies this connection as the entryway to the park. 5. Utility maintenance easements shall be granted to the utility agencies that . - currently have utility services located in the land to be dedicated as the park. 0 4-mZ N 026 „mci 0 6. The City shall place a conservation easement over the park parcel. (\1 1. 2 CD 01\ 0 29 7. If it is determined that any portion of the Centennial Subdivision/PUD is located outside of the City's incorporated boundaries, then the Applicant .- shall submit a petition to annex those lands in conjunction with filing the ---,- subdivision plat that is required to be prepared in Condition No. 1 above. ----'- Section 3: That City Council hereby rezones the playground parcel to be created to the Park (P) .- Zone District. - Section 4: - 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 construed and concluded under such EEZZ prior ordinances. dgI Z 00'IZ M 03 AlNROO NI>Illd SIAUG WIABIS Section 5: If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. Section 6: A public hearing on the ordinance shall be held on the 8th day of December, 2003, in the City Council Chambers, Aspen City Hall, Aspen, Colorado. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the 10th day ofNovember, 2003. Helen Kalin Klind™Q, Mayor Attest: · ,· if:fiv,„7"' f. »f.4*4. -Il ~40 -bl« - Kathryn Sj{Rodh, City Clerk f/. SE A L - 1 KINALIfY·Liadopted, passed and approved by a vote of five to zero (5-0), this 8th day of j.:,Mt¢1*].lwbr?,~063. ' Ind 1 - /IlL 1*.u_ 191 v f 8.1 1·Ielen Kalill KlahderN, Mayor A. 4·34 . T i:1: 4 2 4 ...11 0 J: 4..., ©.*"4¢tekf: 4 j~'.,*'0 :., A. 5:it f Q , 64 A Y . 1 1 12<·/0· 3-'6721.LE J ,»-·1'·-U 'U 4.Ni <'I*athi¥h:s.*48h, City Clerk . 94...L '060,4 -AD Q E 492420 1 illill ilill Illill lill illilli ill lillill ill lilli i'll lill 12/16/2003 12:15P *.L.>4=4 -/- Page: 4 of 4 SILVIA DAVIS PITKIN COUNTY Co R 21.00 D 0.00 Approved as to form: -FC f nuita. 96Mil 20: 1'*tester, City Attorney CASE NUMBER A049-03 PARCEL ID # 2737-074-27701 CASE NAME Centennial PUD Amendment, GMQS Exemption, Subdivisi PROJECT ADDRESS 100 Luke Short Ct. PLANNER James Lindt CASE TYPE PUD Amendment, GM Exemption, Subdivisio OWNER/APPLICANT Centennial Aspen 11 Limited Partnership REPRESENTATIVE Alan Richman DATE OF FINAL ACTION 12/08/03 CITY COUNCIL ACTION ORD 56-03 PZ ACTION ADMIN ACTION APPROVED W/COND BOA ACTION DATE CLOSED 12/10/03 BY D DRISCOLL PARCEL ID:~2737-074-27701 DATE RCVE]8/25/03 # COPIES:1 CASE NO]A049-03 CASE NAME:~Centennial PUD Amendment, GMQS Exemption, Subdivision, PLNR~James Lindt PROJ ADDR:]100 Luke Short Ct. CASE TYP:|PUD Amendment, GM Exemption, S STEPS:~m" OWN/APP:~Centennial Aspen Il ADR~5611 16th St, NW C/S/Z: ~Washington/DC/200 PHN*202)882-4400 REPiAlan Richman ADR:~Box 3613 C/S/Z:~Aspen/CO/81612 PHN1920-1125 FEES DUE:~$2520 D FEES RCVD~$2520 STAT: F REFERRALS| REF:~ Bl DUE:1 MTG DATE REV BODY PH NOTICED DATE OF FINAL ACTION:~ i Z./PAP 4 - 1 / 7/ =1- CITY COUNCIL: r; f v , hly- C & REMARKS~ - PZ: BOA: CLOSED:| BY: ~ DRAC: PLAT SUBMITD: ] PLAT (BK,PG):| ADMIN: Att e ·OV FU. \4 G>:td ( R oes .13> ct l·1 - 9 32© 0 -3344 led fliallt *apig 'VU-F[--.cli~eck_ Ctlde Lt. l- but 4-- C / N.3 -f- c) l/~ toid 1 lit-+~€ 67 010' c - [/li q te lA Lt-- ll &1nadjA Ce (41*44 1 S y Ek € \Al- 11 R \/ /1/ i 0/ h C l e722141~Le vre- 00 9 24 (-1-3 Cl l ki.5 9 1 & 9-#4\ k /1 5 V--41 « ut e ict 9 i & 6- vo cd k ass ess u,4 E lit by 1 e>bl 0 4 C A - €-01- S €2 ti/t €L{~ 5 flu, side«14- DEVELOPMENT ORDER ofthe 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. Centennial Aspen 11 Limited Partnership, 100 Luke Short Ct, Aspen, CO 81611 Property Owner's Name, Mailing Address and telephone number Lot 3, Centennial Subdivision/PUD Legal Description and Street Address of Subject Property Approval of a PUD Amendment, GMOS Exemption for AH, Subdivision, and Rezoning to convert model unit into an AH unit and dedicate playground as a public park Written Description of the Site Specific Plan and/or Attachment Describing Plan City Council Ordinance No. 56, Series of 2003, December 8,2003 Land Use Approvaks) Received and Dates (Attach Final Ordinances or Resolutions) December 20,2003 Effective Date of Development Order (Same as date of publication of notice of approval.) December 21,2006 Expiration Date of Development Order (The extension, reinstatement, exemption from expiration and revocation may be pursued in accordance with Section 26.308.010 of the City of Aspen Municipal Code.) th Issued this 20 day of December, 2003, by the City of Aspen Community Development Director. JuliVAnn Woods, Community Development Director 06 libilf \D// P38 - RESOLUTION N0.24 (SERIES OF 2003) A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING COMMISSION RECOMMENDING THAT CITY COUNCIL APPROVE A PUD AMENDMENT AND A GMQS EXEMPTION FOR THE DEVELOPMENT OF AFFORDABLE HOUSING TO THE CENTENNIAL PUD TO ALLOW FOR THE APPROVED MODEL UNIT IN BUILDING H, OF THE CENTENNIAL RENTAL HOUSING UNITS TO BE CONVERTED TO AN AFFORDABLE HOUSING UNIT; AND RECOMMENDING THAT CITY COUNCIL APPROVE A SUBDIVISION AND A REZONING REQUEST TO ALLOW FOR THE EXISTING PLAYGROUND TO BE DEDICATED AS A PUBLIC PARK, CITY OF ASPEN, PITKIN COUNTY, COLORADO. Parcel ID: 2737-074-27-701 WHEREAS, the Community Development Department received an application from Centennial Aspen II.Limited Partnership, represented by Alan Richman Planning Services, requesting approval of a PUD amendment to the Centennial PUD and a GMQS exemption for the development of affordable housing to allow for the previously : approved model unit in Building H to be converted into a deed restricted employee i housing unit; and a subdivision and rezoning request to allow for the existing playground area outside of Building H to be subdivided, rezoned to the Park Zont District, and dedicated to the City of Aspen as a public park; and, WHEREAS, the Planning and Zoning Commission approved the addition of a model unit to Building H of the Centennial PUD pursuant to Resolution No. 12, Series of -I 2003; and, , . WHEREAS, upon review of the application and the applicable code standards, .-- the Housing Authority has reviewed the requested waiver of asset, residency, and income ; restrictions and recommended approval of such waivers with conditions; and, ~ WHEREAS, ·upon review of the application and the applicable co.de standards, the Community Development Department recommended approval of the proposed PUD --~ amendment, GMQS exemption, subdivision, and rezoning requests, with conditions; and, ~ WHEREAS, during a duly noticed public hearing on October 21, 2003, the Planning and Zoning Commission reviewed and considered the development proposal under i the applicable provisions of the Municipal Code as identified herein and approved this resolution, by a six to zero (6-0) vote; approving the proposed requests with the conditions : ,:·. ... of approval contained 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, P39 WHEREAS, the Planning and Zoning Commission finds that this resolution furthers and is necessary for the promotion ofpublic health, safety, and welfare. NOW, THEREFORE, BE IT RESOLVED BY THE CIT-Y OF ASPEN PLANNING AND ZONING COMMISSION AS FOLLOWS: Section 1: Pursuant to the procedures and standards set forth in City of Aspen Land Use Code Section 26.445, Planned Unit Development. and Section 26.470.070(J), GMQS Exemptions for - afordable housing, the Planning·- and Zoning Commission hereby recommends that City Council approve a PUD Amendment and a GMQS exemption to allow for the previously approved model unit in Building H of the Centennial P.UD to be converted into a deed- restricted affordable housing unit with the following conditions: 1. Occupancy of the unit shall be limited to no more than 60 days per year, including· no more than 15 days during any month and no more than 10 , consecutive days at any time until such time as the Unit is either rented or until thE unit is sold; either as a separate condominiumized unit or as part of the Centennial Rental Affordable Housing Complex. Upon the unit being rented or being·sold with the remainder of the Centehnial complex, the unit will be required to be rented or sold pursuant to the· terms of the Centennial disposition and development agreement for a Category 3 unit. 2. The Applicant shall submit a quarterly report to the Aspen/Pitkin County Housing Authority detailing who has occupied the unit and on what dates it has been occupied during the past quarter. The quarterly report shall be submitted until such time as unit is rentdd on a full-time basis or until the unit is sold as part ofthe remainder of the Centennial Rental Complex. 3. :A waiver of asset, residency, and incgme restrictions shall be in place until such time as the unit is rented on a full-time basis or until the unit is sold as part of the remainder o f the Centennial Rental Complex. 4. Approval of this request supercedes Planning and Zoning· Co=nission Resoluti·on No. 12, Series of 2003 and voids Condition No. 1 and Condition No. 10 in said resolution. With the exception of Conditions 1 and 10 of Planning and Zoning Commission Resolution No. 12, Series of 2003, the conditions in said resolution remain in full effect. Section 2: The- Planning and Zoning Commission hereby recommends that City Council approve the , proposed subdivision request to parcel off the existing ·playground for the purpose of improving the playground and dedicating it to the City of Aspen as a public park, with the following conditions: P40 1. The Applicant shall prepare a subdivision plat to be recorded at the Pitkin County Clerk and Recorder's Office within 180 days of City Council' s approval. The Applicant shall also prepare a subdivision agreement to be recorded at the Pitkin County Clerk and Recorder's Office within 180 days ofthe City Council' s approval. 2. The Applicant shall continue to maintain the sidewalk that abuts Brown Lane, Which is to include the portion of sidewalk that runs the length of the park parcel along Browh Lane. The Applicant shall also indemnify the City , of Aspen from any liability that may result in use o f said sideWalk. The City , in return shall grant a pedestrian ingress and egress easement to Centennial where the sidewalk exists on the park property. The City shall take· over maintenance responsibility for the sidewalk along Park Circle for the length of the park parcel' s street frontage (access road to continue to be maintained by Applicant). 3. The Parks Department shall be able to use the Centennial water system to irrigate the park at the Applicant' s expense. However, the City of Aspen Parks Department shall maintain the sprinkler system within the Park Parcel. 4. This PUD amendnlent shall establish the minimum lot size for the park parcel at 6,320 square feet. 5. A sign shall be erected at the sidewalk connection between the Park Circle sidewalk and the park's interior sidewalk that clearly identifies this connection as the entryway to the park. 6. Utility maintenance easements shall be granted to the utility agencies that ; . currently have utility services located in the land to be dedicated as the park. 7. The City shall place a conservatiOn easement over the park parcel. Section 3: The Planning and Zoning Commission hereby recommdnds that City Council rezone the playground parcel to be created to the Park·(P) Zone District. Section 4: All material representations aild 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 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. P41 Section 5: 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 under such prior ordinances. Section 6: If any section. subsection, sentence, clause, phrase, or portion of this resolution is for any reason held invalid of unconstitutional in a court of competent Jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity ofthe remaining portions thereof. - APPROVED BY the Planning and Zoning Commission of the City of Aspen on this 21 st day of October, 2003. APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION: City Attorney Jasmine Tygre, Chair ATTEST: Jackie Lothian, Deputy City Clerk rL, ~ 1 /1 \\ r o L-/41 0 60 1 f CL ASPEN PLANNING &_- NING COMMISSION IMinutes October 21,2003 PUBLIC HEARING: CENTENNIAL PUD AMENDMENT, GMOS EXEMPTION FOR AH, ( SUBDIVISION, REZONING Jasmine Tygre opened the public hearing for Centennial PUD Amendment, GMQS exemption for AH Housing, Subdivision and Rezoning. David Hoefer stated that the notice met the requirements and the commission may proceed. James Lindt distributed the revised condition #1. The application was submitted by Centennial Aspen II Limited Partnership and requested to utilize the model unit that P&Z approved last May as an affordable housing unit with certain restrictions in terms of the use. The second part of the application was to parcel off the existing playground area located next to building H of the PUD and dedicate it to the City as a park after it was approved with new playground equipment. Lindt said the May P&Z approval was for a model unit without being inhabited and temporarily the applicant requested use of this unit on a transient basis to owners, employees and contract employees (auditors). There were time limits proposed at no more than 60 days per year, no more that 15 days in any month and no more than 10 days at one time; the rest of the time of would be utilized as a model unit as originally approved. Lindt said it was proposed to be deed-restricted to a category 3 in case it was ever rented or sold; staff believed that it was a housing staff issue. The parking analysis showed there were 221 existing parking spaces for the 148 units in the rental portion of Centennial; if Centennial were built today the land use code requirements would be for 207 parking spaces. Lindt said the applicant at the applicant's expense will improve the existing playground and then parceled off from the remainder of the development through subdivision, then dedicated to the city as a. public park. The parks department has done the site planning; Lindt provided drawings o f the proposal. Alan Richman said there were deed-restrictions for the Centennial Units. Lindt said there were category 1 and category 3. Richman introduced Sam Brown the managing partner and Kim Kaelin the property manager. Richman explained the process by which they could have gone through was growth management to create a free-market unit rather than the deed-restricted one in this application. This Centennial project was 100% affordable housing; this new unit could house auditors and may end up as an affordable housing unit. Richman said the unit had specific limitations. Richman said the park would just be cleaned up with new equipment and be greener. 8 ASPEN PLANNING UL ZONING COMMISSION Minutes October 21.2003 Jack Johnson asked why or why not would the applicant want to go through GMQS scoring. Bendon answered the idea of creating a model unit by going through growth management for a free-market unit was an over kill process product wise; the applicant was not looking for a free-market unit but rather a place to temporarily place their auditors. Bendon continued that in terms of process this was simpler as an exemption, which was a little bit easier process and provides a back-up plan when housing auditors was no longer needed it reverts to an affordable housing unit as opposed to a free-market unit. Lindt stated that if they went through the growth management there was no guarantee that any mitigation would come of it for an employee housing unit because the original Centennial Housing was all affordable housing. Richman stated that the application would not have been as sweet as this and wouldrl't be in until November 1 5th and was more cumbersome with the ability to rent the unit as a free-market unit; that was not what the applicant wanted to accomplish. MOTION: Ruth Kniger moved to continue the meeting until 7:15pm; seconded by Dylan Johns. APPROVED 6-0. No public comments. Ruth Kruger withdrew her motion. MOTION: Jack Johnson moved to approve resolution #24,2003, Centennial PUD Amendment, GMQS exemption for AH Housing, Subdivision and Rezoning with the following conditions (1). Occupancy of the unit shelli be limited to no more than 60 days per year, including no more than 15 days during any month and no more than 10 consecutive days at any time until such time as the unit is either rented or until the unit is sold, either as a separate condominiumized unit or as part of the Centennial Rental Affordable Housing Complex. Upon the unit being rented or being sold with the remainder of the Centennial complex, the unit will be required to be rented or sold pursuant to the terms ofthe Centennial disposition and development agreement for a Category 3 unit. (2). The Applicant shall submit a quarterly report to the Aspen/Pitkin County Housing Authority detailing who has occupied the unit and on what dates it has been occupied during the past quarter. The quarterly report shall be submitted until such time as unit is rented on aftill-time basis or until the unit is sold as part of the remainder of the Centennial Rental Complex. (3). A waiver of asset, residency, and income restrictions shall be in place until such time as the unit is rented on afull-time basis or until the unit is sold as part of the remainder of the Centennial Rental Complex. (4). Approval of this request supercedes Planning and Zoning Commission Resolution No. 12, Series of 2003 and voids Condition No. 1 and Condition No, 10 in said resolittion, With the exception of Conditions 1 and 1 0 of Planning and Zoning Commission Resolution No. 12, Series of 2003, the conditions in said resolution remain infull effect. Section 2: The Planning and Zoning Commission hereby recommends that City Council approve the proposed subdivision request to parcel off the existing playground for the purpose of improving the playground and dedicating it to the City ofAspen as a public park, with the following conditions. (1) The Applicant shall prepare a subdivision plat to be recorded. at the Pitkin County Clerk and Recorder's Ofice within 180 days of City Council's approval. The Applicant shall also prepare a subdivision agreement to be recorded at the Pitkin County Clerk and Recorder 's O#ice within 180 days ofthe City Council 's approval. (2) The Applicant shall continue to maintain the sidewalk that abuts Brown Lane, which is to include the portion Ofsidewalk that nins the length ofthe park parcel along Brown Lane. The Applicant shall also indemnify the City of Aspenjrom any liability that may result in use of said 9 ASPEN PLANNING & LeNING COMMISSION Minutes October 21,2003 sidewalk. The City in return shall grant a pedestrian ingress and egress easement to Centennial where the sidewalk exists on the parkproperty. The City shalltake over maintenance responsibilityfor the sidewalk along Park Circle for the length of the park parcel's street frontage (access road to continue to be maintained by Applicant). (3) The Parks Department shall be able to use the Centennial water system to irrigate the park at the Applicant's expense. However, the City of Aspen Parks Department shall maintain the sprinkler sysrem within the Park Parcel. (4) This PUD amendment shall establish the minimum lot size for the park parcel at 6,320 squarefeet. (5) A sign shall be erected at the sidewalk connection between the Park Circle sidewalk and the park's interior sidewalk that clearly identifies this connection as the entryway to the park. (6) Utility maintenance easements shall be granted to the utility agencies that currently have utility services located in the land to be dedicated as the park. (7) The City shall place a conservation ecisement over the park parcel. The Planning and Zoning Commission hereby recommends that City Council rezone the playground parcel to be created to the Park (P) Zone District. Seconded by Ruth Kruger. Roll call: Johns, yes; Rowland, yes; Kruger, yes; Johnson, yes; Skadron, yes; Tygre, yes. APPROVED 6-0. Discussion: Johnson requested the unresolved agency referral issues be part of the motion. Lindt responded that the applicant and parks department have a draft agreement on the responsibility of the sidewalk maintenance, which will be resolved by the time it goes before the City Council for the public hearing. Lindt said the same for the water issue. The neighbor who had the access easement was present and stated this had nothing to do with the park. Meeting adjour-1071 fit 7: 10 2.m. / k/u/L/F Un-A-/ U ~Ackie Lothian, D~eputy City Clerk 10 Viil b MEMORANDUM TO: Mayor Klanderud and Aspen City Council r) Appaud THRU: Julie Ann Woods, Community Development Director Of 6-0 FROM: James Lindt, Planner CIL RE: Centennial PUD Amendment, Subdivision, GMQS Exemption for Affordable Housing, and Rezoning- 2nd Reading of Ordinance No. 56, Series of 2003 DATE: December 8,2003 PROJECT: CENTENNIAL PUD AMENDMENT REQUEST: The Applicant is requesting land use approvals to deed restrict the model unit that has been approved to be added to Building H as an affordable housing unit and for the ability to use the unit in the interim to occasionally house employees/contract employees of Centennial Aspen II Limited Partnership. In addition, the Applicant has proposed to improve the existing playground and dedicate it to the City of Aspen as a public park. CURRENT ZONING: R/MFA PUD LAND USE PUD Amendment, Subdivision, GMQS Exemption for the development REQUESTS: of Affordable Housing, and Rezoning STAFF Staff recommends that City Council approve the proposed request with RECOMMENDATION: the conditions set forth in the proposed Ordinance. P&Z The Planning and Zoning Commission unanimously recommends that RECOMMENDATION: City Council approve with conditions the requested land use actions. BACKGROUND: The Planning and Zoning Commission approved the addition of a model unit and the reconfiguration and enlargement of the existing office space in Building H, of the Centennial PUD in May of this year, pursuant to Resolution No. 12, Series of 2003. As part of this approval, it was required that the model unit not be used for residential purposes because it had not been granted a residential allotment or an exemption from the Growth Management Quota System (GMQS) to create a new residential unit. Therefore, the Applicant, Centennial Aspen II Limited Partnership, has now submitted an application requesting approval to permanently deed restrict the approved model unit as an affordable housing unit in return for the ability to allow for it to house the Applicant's employees/contract employees on a temporary basis as is detailed in the "Staff Comments" section of this memo. Additionally, the Applicant would like to pay for -improvements to the existing playground area that can be seen on the site plan that is -1- attached as Exhibit "C" and parcel it off for the purpose of dedicating it to the City as a public park. LAND USE ACTIONS REQUESTED: The Applicant is requesting the following land use actions to allow for the model unit to be deed restricted as an affordable housing unit and to allow for the parceling off of the playground area for the development of a park: • A GMOS Exemption for the Development of Affordable Housing • Planned Unit Development Amendment • Subdivision • Rezoning The Applicant has requested that the Community Development Director combine the review of the aforementioned land use actions pursuant to Land Use Code Section 26.304.060(B)(1). Staff believes that the combination of reviews will reduce duplication in the amount of review time and will ensure the clarity of the final decision. Therefore, the Community Development Director has approved to allow for the consolidation of reviews on this particular proposal. Thus, City Council will be the final decision-making authority on all of the land use requests associated with this proposal after considering recommendations from the Housing Authority, the Planning and Zoning Commission, and the Community Development Director. STAFF COMMENTS REGARDING MODEL UNIT USAGE: Upon submittal of the original application to add the model unit, the Applicant indicated to staff that they wanted to use the model unit to temporarily house eniployees and contract employees (i.e. auditors. attorneys) when they are in town to do work on-site for Aspen Centennial II Limited Partnership. Previously, staff indicated to the Applicant that if they wanted to use the unit in the above manner, they would have to obtain a residential allotment from the Growth Management Quota System to use the unit for residential purposes. Alternatively, the Applicant has proposed a use plan for the unit that would convert the model unit into a permanently deed-restricted, employee-housing unit. Therefore, the Applicant has requested approval of a GMOS exemption for the development of an affordable housing unit pursuant to Land Use Code Section 26.470.070(J). In deed restricting this unit as an affordable housing unit. the Applicant would like to use the unit to house owners, and employees/contract employees such as auditors on a temporary. transient basis in addition to use as a model unit, until such time as it would be sold with the remainder of the Centennial property or until it would be rented as a Category Affordable Housing Unit on a year-round basis. Therefore, the Applicant has requested that the City waive income and asset restrictions on this unit, as well as the full-time employment requirement until the unit is sold as part of the larger Centennial property or rented out on a year-round basis. The Applicant has further proposed to place the following controls on the use of the unit in an attempt to ensure that it does not -2- operate like a full-time, free-market residential unit that would necessitate a itee-market residential allotment: o Occupancy of the unit would be limited to no more than 60 days per year. including no more than 15 days during any month and no more than 10 consecutive days at any time. o Rent could not be charged for the temporary housing of employees/contract employees. o The Applicant would submit a quarterly report (based on the calendar year) to the City detailing who has occupied the unit and on what dates it has been occupied during the last quarter. o The unit would still be used as a model unit for the remainder of the year that it is not occupied by employees/contract employees of Aspen Centennial II Limited Partnership. The Applicant has indicated that the above controls are patterned after the provisions set forth in Part V, Section 8 of the Aspen/Pitkin County Housing Guidelines that permit the short-term rental of a deed restricted ownership unit, "to faculty or employees of a non- profit organization who shall be qualified without meeting the income and asset restrictions for a short-term rental, which is defined as three months or less". The Planning Staff believes that the manner of use of this model unit that the Applicant is proposing to convert into an affordable housing unit is primarily a matter of housing policy and whether the interim use is appropriate for an affordable housing unit under which the Applicant has applied for a GMQS exemption. The Ilousing Authority has reviewed the proposed use and the requested waiver of the income and asset restrictions for this unit as proposed by the Applicant and have expressed that they feel that the proposed interim use is appropriate with the conditions that are set forth iii Conditions 1 thru 3 of the proposed ordinance (please see the Housing Authority's comments that are attached as Exhibit "B"). The only commentary that the Planning Staff would like to add about the use of the unit is that we would rather see the subject unit ultimately be used as an affordable housing unit rather than a free-market residential unit as could possibly be the case if the Applicant were to request approval of a GMQS allotment through the GMQS scoring system as staff originally suggested. IMPACTS RELATED TO RESIDENTIAL USE OF UNIT: As was mentioned above, the Planning Staff believes that the interim use of the unit proposed to be deed restricted as an affordable housing unit is a housing policy decision related to whether the City wishes to waive the income and asset restrictions for the unit in the interim. However, the Planning Staff does believe that mitigating the impacts of the proposed use of the affordable housing unit is a land use issue. With that being said. the Applicant was not required to provide parking for the model unit as part of it's UJ original approval because the unit was not to be used for residential purposes. Staff believes that because the unit is now intended to be used in the interim for temporary, periodic housing and ultimately as a full-time, deed restricted affordable housing unit, the parking impact of the unit now needs to be addressed. According to the Applicant, Centennial currently has 221 parking spaces for use by the 148 deed restricted rental units. The 148 deed restricted rental units are comprised of 89 units of one or less bedrooms each and 59 units of two (2) or more bedrooms each. The underlying Resident/Multi-Family Zoning generally requires one parking space for every unit of one bedroom or less and two (2) parking spaces for every unit of two (2) bedrooms or more. Therefore, pursuant to the underlying zoning requirements the 148 rental units would require a total of 207 parking spaces. Thus, staff believes that sufficient parking currently exists to accommodate the affordable housing use of the approved model unit. SUBDIVISION AND REZONING TO CREATE PUBLIC PARK: As was previously introduced, the Applicant would like to improve the existing playground area on the southeast side of Building H, of the Centennial Affordable Housing Complex and dedicate it to the City as a public park. The Applicant has been in discussions with the Parks Department about doing the site planning (please see the proposed site plan that is attached as Exhibit "C") and installation of equipment for the proposed park, while the Applicant would pay for the playground equipment and provide the land. The Parks Department has indicated that they have been exploring for opportunities to develop a community park in this neighborhood for some time and are excited about the chance to partner with the Applicant in the development of this public playground. In order to parcel the playground area off from the remainder of the Centennial property so that it may be dedicated and deeded to the City as a public park, the Applicant must gain subdivision and rezoning approval as they have applied for. In reviewing the subdivision request, staff believes that the proposed subdivision for the purpose of developing a public park on this site is consistent with many of the Aspen Area Community Plan (AACP) policies that are set forth in the "Parks, Open Space, and the Environment" section of the plan. Additionally, because the property is zoned with a PUD overlay, the Applicant may vary the minimum lot size of the underlying R/MFA Zone District to accommodate the area of the playground. Staff further believes that the land subject to the proposed subdivision is suitable for subdivision for the development of a public park and does not contain any natural hazards that would endanger the users of the park. In total staff believes that the subdivision review standards are met by the proposal. In reviewing the zoning map amendment request to rezone the area to be dedicated as a public park to the Park (P) Zone District, staff believes that the use of the land will not change in all reality because the existing playground is already informally used by many of the kids that live within the area and not just those that live within the Centennial complex. Therefore, other than the fact that there will be new playground equipment and that it will be officially dedicated as a public park, staff does not believe that use characteristics of the land will change from the existing state. Furthermore. as was -4- previously stated, staff feels that the proposed park use is consistent with the AACP's "Parks, Open Space, and Environmental" policies. In addition, staff believes that the Park Zone District is the most appropriate zoning for a Public Park or Public Open-use recreational facility. OTHER ISSUES: ANNEXATION CLEAN UP: Recently, staff had thought that there might have been an oversight in the annexation of Centennial Development in the 1 980's that would have left a small portion of the Centennial development outside of the City limits. The Applicant has consented in their application to petition for annexation upon determination .that a portion of their property is still located outside of the City. As was mentioned above, the Applicant will be required to record a subdivision plat upon subdivision approval that should show the entirety of Lot 3 of the Centennial Subdivision. That being the case, staff has included a condition of approval requiring the Applicant to file a petition to annex any unincorporated area within the Centennial Subdivision/PUD, which should resolve this issue. REFERRAL AGENCY ISSUES: The Parks Department did express that they do not wish to take on responsibility for maintenance and/or repair of the sidewalks that abut the proposed park. That being said, it is staff s understanding that the Applicant would continue to maintain the sidewalks that they currently maintain. Additionally, it is staff s understanding that the Parks Department will maintain the sprinkler system within the park, and that the Applicant will allow for the Parks Department to use Centennial's water for irrigation purposes. The City Engineer has also requested that easements be granted through the proposed park to the utility agencies that currently have services within the park area to accommodate maintenance or replacement of said service lines. Condition No. 5 iii Section 2 of the proposed ordinance represents the inclusion of this request from the City Engineer. STAFF RECOMMENDATION: The Housing Authority has recommended that City Council approve the income and asset restriction waivers that the Applicant has proposed in the interim for the model unit that is ultimately to be converted to a permanent affordable housing unit. Additionally, the Planning Staff feels that the Applicant has appropriately accounted for the impacts of the proposed affordable housing unit. And therefore, staff believes that the proposal meets the review standards for an exemption from the Growth Management Quota System for the development of an affordable housing unit. The Planning Staff also believes that the proposed subdivision and rezoning application to improve the existing playground and dedicate it to the City of Aspen as a public park is consistent with the goals and policies of the Aspen Area Community Plan. Moreover, staff believes that the proposal meets the subdivision -5- and rezoning review standards. Additionally, the Planning and Zoning Commission unanimously recommends that City Council approve the land use requests finding that they agree with staff's recommendation in this matter (Planning and Zoning Commission Meeting Minutes are attached as Exhibit E). RECOMMENDED MOTION: "I move to approve Ordinance No. 56. Series of 2003, approving with conditions, a PUD Amendment and a GMQS Exemption for the development of affordable housing to allow for the previously approved Centennial model unit to be deed-restricted as an affordable housing unit with a waiver of the income and asset restrictions that are established in the Aspen/Pitkin County Affordable Housing Guidelines, and approving the subdivision and rezoning request to improve the existing playground and dedicate it to the City of Aspen as a public park." CITY MANAGER'S COMMENTS: ./ r.rf , ... , 40 'E f L(40,0.- ..£44, ATTACHMENTS EXHIBIT A - REVIEW CRITERIA AND STAFF FINDINGS EXHIBIT B -REFERRAL COMMENTS EXHIBIT C - PROPOSED PARK SITE PLAN EXHIBIT D - PLANNING AND ZONING COMMISSION RESOLUTION EXHIBIT E -PLANNING AND ZONING COMMISSION iMEETING MINUTES -6- EXHIBIT A PLANNED UNIT DEVELOPMENT (PUD) AMENDMENT Review Criteria & Staff Findings SECTION 26.445.050, REVIEW STANDARDS: PUD AMENDMENT Section 26.445.050 of the Regulations provides that development applications for a PUD amendment must comply with the following standards and requirements. A. General Requirements. 1. The proposed development shall be consistent with the Aspen Area Community Plan. Staff Finding Staff believes that the proposal is consistent with the objectives of the Aspen Area Community Plan. The Applicant has appropriately proposed to develop an affordable housing unit well within the Urban Growth Boundary and in close proximity to the Commercial Core of the City as is consistent with the housing policies that are set forth in the AACP. In addition, the Interim Aspen Area Citizen Housing Plan states that citizen housing should be provided within the metro area and in close proximity to public mass transit as the proposed development is. Moreover, the proposal encourages the private sector's participation iii the development of affordable housing in long run by providing a voluntary affordable housing unit. Furthermore, the nousing Authority reviewed the use of the unit and recommended that City Council approve the waiver of the income and asset restrictions for the unit as the Applicant has proposed. In reviewing the portion of the application that requests approval to improve the playground facility and dedicate it as a public park, staff feels that it meets many of the Aspen Area Community Plan's objectives relating to providing additional recreational opportunities to the citizens of Aspen. Staff finds this criterion to be met. 2. The proposed development shall be consistent with the character of existing land uses in the surrounding area. Staff Finding Staff believes that the proposal is consistent with the on-site operations of the rental housing units at Centennial. The primary land use in the immediate vicinity is affordable housing units. And therefore, because the Aspen/Pitkin County 1-lousing Authority has recommended that the terms of the affordable housing/model units use as proposed by the Applicant are appropriate, the Planning Staff feels that the proposed request is consistent with the surrounding land uses. Additionally, staff believes that the park refurbishment is consistent with the existing playground use on the land. Staff finds this criterion to be met. 3. The proposed development shall not adversely afjk,ct the future development of tile surrounding area. Staff Finding Staff does not believe that the proposal will adversely affect the future development of the surrounding area in any way. The unit to be converted into an affordable housing unit is already approved to be built and the use of the unit should not affect the surrounding properties. Additionally, staff feels that the proposed public park will enhance the neighborhood by providing additional, quality recreational opportunities. Staff finds this criterion to be met. 4. The proposed development has either been granted GMQS allotments, is exempt ·from GMQS, or GMQS allotments are available to accommodate the proposed development and will be considered prior to, or in combination with,.final PUD development plan review. Staff Finding The Applicant has requested approval of a GMQS exemption to develop the approved model unit as an affordable housing unit pursuant to Land Use Code Section 26.470.070(J), GMOS Exemption for Affordable Housing. Please see the staffs responses to the review standards for the GMQS exemption for affordable housing. B Establishment of Dimensional Requirements: The.final PUD development plans shall establish the dimensional requirements.for all properties within the PUD. The dimensional requirements of the underlying zone district shall be used as a guide in determining the appropriate dimension'; for the PUD. During review of the proposed dimensional requirements, compatibility with surrounding land uses and existing development patterns shall be emphasized. 1.The proposed dimensional requirements for the subject property are appropriate and compatible with the following influences on the property: a) The character of, and compatibility with, existing and expected .future land uses in the surrounding area. b) Natural and man-made hazards. c) Existing natural characteristics of the property und surrounding area such as steep slopes, waterways, shade, and signijicant vegetation and landforms. d) Existing and proposed man-made characteristics of the property and the surrounding area such as noise, traffic, transit, pedestrian circulation, parking, and historical resources. Staff Finding The Applicant has already gained approval to construct the model unit that is proposed to be converted to an affordable housing unit by this application. During the review of the previous PUD amendment request to construct the model unit, it was determined by the Planning and Zoning Commission and staff that the model unit was compatible in regards to the dimensional requirements and their relation to the structures in the surrounding -8- area. However, staff does believe that converting the model unit into an affordable housing unit would have a possible impact on Centennial's off-street parking situation. and thus, staff has asked the Applicant to provide a parking analysis. The parking analysis provided by the Applicant indicates that there are currently 221 parking space for the 148 deed restricted rental units within the development. It was determined by staff that the underlying zoning would require a total of 207 parking spaces for the 148 rental units because 89 of the units contain one bedroom or less and only 59 of the units have two (2) bedrooms or more. Thus, staff believes that sufficient off-street parking currently exists to accommodate the addition of an affordable housing unit based on the parking surplus of fourteen (14) parking spaces. In addition, staff believes that the proposed public park will operate fairly similar to the existing playground in that it is already used by the majority of the kids in the area because Centennial does not currently restrict it' s use. Therefore, staff does not anticipate that the proposal to dedicate the playground area as a public park as being a traffic generation or a parking issue. Staff finds this criterion to be met. 2. The proposed dimensional requirements permit u scale, massing, and quantity of open space und site coverage appropriate and favorable to the character of the proposed PUD and of the surrounding area. Staff Finding The scale and massing of the model unit was already reviewed and approved by the Planning and Zoning Commission when it was approved to be constructed. And because there will be no changes to the exterior of this unit as a result of the proposed request, staff believes that the scale and massing of the building are still appropriate and consistent with character of the PUD and surrounding area. Staff finds this criterion to be met. 3. The appropriate number of off-street parking spaces shall be established based on the following considerations: a) The probable number of cars used by those using the proposed development including any non-residential land uses. b) The varying time periods of use, whenever joint use of common parking is proposed c) The availability of public transit and other transportation facilities, including those for pedestrian access and/or the commitment to utilize automobile disincentive techniques in the proposed development. d) The proximity of the proposed development to the commercial core and general activity centers in the city. Staff Finding The Applicant has included a parking study as part of the application. Staff believes that this parking study shows that there is currently sufficient parking to accommodate the addition of an occupied affordable housing unit as is detailed in staff' s response to Review Standard No. 1 above. In regards to the park, staff feels that the proposed public park will not really cause parking or traffic generation issue because the existing playground is already essentially open to the public in that Centennial does not currently -9- restrict the use of it. Additionally. staff does not believe that the park will be a considerable parking generator. There fore, staff finds this criterion to be met. 4. The maximum allowable density within a PUD may be reduced if there exists insufficient infrastructure capabilities. Specifically, the maximum density of a PUD may be reduced if: a) There is not su#icient water pressure, drainage capabilities, or other utilities to service the proposed development. b) There are not adequate roads to ensure fire protection, snow removal, and road maintenance to the proposed development. Staff Finding Staff Applicant is not requesting to reduce the maximum allowable density within the PUD. In addition, the City of Aspen Fire Marshall, Water Department Director, and a representative from the Aspen Consolidated Sanitation District have reviewed the proposal and feel that there are sufficient services to serve the additional unit. Staff finds this criterion to be met. 5. The maximum allowable density within a PUD may be reduced if there exists natural hazards or critical natural site features. Specijically, the maximum density of a PUD may be reduced if: a) The landis not suitable for the proposed development because of ground instability or the possibility of mudflow, rockfalls or avalanche dangers. b) The effects of the proposed development are detrimental to the natural watershed, due to runoff, drainage, soil erosion, and consequent water pollution. c) The proposed development will have a pernicious effect on air quality in the surrounding area and the City. d) The design and location of any proposed structure, road, driveway, or trail in the proposed development is not compatible with the terrain or causes harmful disturbance to critical natural features of the site. Staff Finding The Applicant is not proposing to reduce the maximum allowable density within the PUD. Additionally, staff believes that the proposal to create a public park will not put the visitors of the park in danger because there are no known geologic hazards associated with the site. Staff finds this criterion to be met. 6. The maximum allowable density within a PUD may be increased if there exists a significant community goal to be achieved through such increase anci the development pattern is compatible with its surrounding development patterns and with the site's physical constraints. Specifically, the maximum density of a PUD may be increased if: a) The increase in density serves one or more goals of the community as expressed in the Aspen Area Community Plan (AACP) or a specific area plan to which the property is subject. - 10 - b) The site's physical capabilities can accommodate additional density and there exists no negative physical characteristics of the site, as identified in subparagraphs 4 and 5, above, those areas can be avoided, or those characteristics mitigated. c) The increase in maximum density results in a development pattern compatible with, and complimentary to, the surrounding existing and expected development pattern, land uses, and characteristics. Staff Finding The Applicant is requesting to increase the alIowable density within the PUD by converting the approved model unit into a deed restricted affordable housing unit. Staff believes that the proposal to convert the approved model unit into an affordable housing unit promotes several of the AACP's goals relating to affordable housing (please see staff"s response to PUD Criterion No. 1 for specific examples). Moreover, staff believes that the site can accommodate the impacts of the additional affordable housing unit and that the unit is consistent with the affordable housing use that exists throughout the immediate area. Staff finds this criterion to be met. B. Site Design: The purpose of this standard is to ensure the PUD enhances public spaces, is complimentary to the site's natural and man-made features and the adjacent public spaces, and ensures the public's health and safety. The proposed development shall comply with the following: 1. Existing natural or man-made features of the site which are unique, provide visual interest or a specijic reference to the past, or contribute to the identity of the town are preserved or enhanced in an appropriate manner. Staff Finding The addition of the model unit was already approved and there are no changes proposed to the exterior of the structure. Additionally, staff believes that the public park that is proposed will enhance the site's natural and man-made characteristics by providing for updated playground equipment. Therefore, staff finds this criterion to be met. 2. Structures have been clustered to appropriately preserve significant open spaces and vistas. Staff Finding The model unit/affordable housing unit to be constructed was already approved to be built pursuant to Planning and Zoning Commission Resolution No. 12, Series of 2003. Therefore, there is no new physical development proposed for this site in this application other than the new playground equipment, which staff does not think will significantly block any views more than the existing playground equipment. Staff finds this criterion to be met. -11- 3. Structures are appropriately oriented to public streets, contribute to the urban or rural context where appropriate, and provide visual interest and engagement of vehicular and pedestrian movement. Staff Finding There are no new structures proposed as part of this development application other than the new playground equipment. Therefore, staff finds this criterion not to be applicable to this application. 4. Buildings and access ways are appropriately arranged to allow emergency and service vehicle access. Staff Finding There i s no physical change to the structure that was not already approved as part o f Planning and Zoning Commission Resolution No. 12, Series of 2003 other than the replacement of the playground equipment. Furthermore, the Fire Marshall and tile Building Department have reviewed the proposal and have expressed that there is adequate emergency access. Staff finds this criterion to be met. 5. Adequate pedestrian und handicapped access is provided. Staff Finding According to the Building Department, the conversion of the model unit to an affordable housing unit will not require accessibility. In addition, the Parks Department has proposed to meet the ADA requirements for access to the park when designing the park. Staff finds this criterion to be met. 6. Site drainage is accommodated for the proposed development in a practical and reasonable manner and shall not negatively impact surrounding properties. Staff Finding The City Engineering Department will require a drainage plan at the time of building permit submittal for the affordable housing unit. The drainage plan shall be required to demonstrate that there will be increase in the historic run-off on the property. Staff finds this criterion to be met. 7. For non-residential land uses, spaces between buildings are appropriately de-signed to accommodate any programmatic functions associated with the use. Staff Finding The Applicant is not proposing to construct any non-residential land uses on the site other than the new playground equipment. Staff finds that this criterion is not applicable to this application. - 12 - C. Landscape Plan: The purpose of this standard is to ensure compatibility of the proposed landscape with the visual character of the city, with surrounding parcels, and with existing and proposed features Of the subject property. The proposed development shall comply with the.following: 1. The landscape plan exhibits a well designed treatment of exterior spaces, preserving existing significant vegetation, and provides an ample quantity and variety ofornamental plant species suitable.for the Aspen area climate. Staff Finding There are two small Aspen trees that are to be relocated for the construction of the model unit/affordable housing unit; however. the construction of the model unit was already approved pursuant to Planning and Zoning Commission Resolution No. 12, Series of 2003 and thus, the tree relocation was already approved. Additionally, the Parks Department has developed a landscaping plan for the public park. The Parks Department has indicated to staff that they intend on using a mix of species that are suitable for the Aspen area climate. Staff finds this criterion to be met. 2. Significant existing natural and man-made site features, which provide uniqueness and interest in the landscape, are preserved or enhanced in an appropriate manner. Staff Finding Staff does not believe that there are any significant natural and man-made site features that would be disturbed by the proposal. Moreover, staff believes that the proposal to renovate the playground with updated equipment will enhance the playground, which is a unique man-made site feature. Staff finds this criterion to be met. 3. The proposed method of protecting existing vegetation and other landscape features is appropriate. Staff Finding Other than the two Aspen trees that are to be removed for the construction of the model unit/affordable housing unit, staff does not believe that there are any other trees that are close to the area of construction disturbance. Additionally, the Parks Department has indicated that they intend to appropriately protect the existing landscaping and enhance the landscaping in the playground area in redoing the playground. Staff finds this criterion to be met. D. Architectural Character: It is the purpose of this standard to encourage architectural interest, variety, character, and visual identity in the proposed development and within the City while promoting efficient use of resources. Architectural character is based upon the suitability Of a building for its purposes, legibility of the building's use, the building's proposed massing, proportion, scale, orientation to public spaces and other buildings, use of materials, and other attributes which may significantly represent the character of the proposed development. There shall be approved as part Of the jinal development plan and architectural character -13- plan, which adequately depicts the character of the proposed development. The proposed architecture of the development shall: 1. be compatible with or enhance the visual character of the city, appropriately relate to existing und proposed architecture of the property, represent a character suitable for, and indicative of, the intended use, and respect the scale and massing of nearby historical and cultural resources. Staff Finding The exterior design of the model unit/affordable housing unit to be constructed was already approved by the Planning and Zoning Commission pursuant to Planning and Zoning Commission Resolution No. 12, Series of 2003. Therefore, this application does not request any additional alterations to the exterior of the building. Thus, staff finds this criterion not to be applicable to this application. 2. Incorporate, to the extent practical, natural heating and cooling by taking advantage of the property's solar access, shade, and vegetation and by use c)-f non- or less-intensive mechanical systems. Staff Finding The Applicant will be required to meet the energy code requirements of the building code in constructing the model unit/affordable housing unit. Staff finds this criterion to be met. 3. Accommodate the storage and shielding of snow, ice, and water in a safe an appropriate manner that does not require significant maintenance. Staff Finding The proposed addition to Building frI, of the Centennial Affordable Housing Complex that was approved pursuant to Planning and Zoning Commission Ordinance No. 12, Series of 2003, vastly improves the snow protection over the entranceways to the office and the laundry facility that exists in the basement of the building. Additionally, a drainage plan will be required to be submitted to the City Engineering Department for review at the time of building permit submittal. The drainage plan will be required to demonstrate that there will not be an increase in the amount of off-site drainage as a result of the addition to the structure. Staff finds this criterion to be met. E. Lighting: The purpose of this standard is to ensure the exterior ofthe development will be lighted in an appropriate manner considering both public safety and general aesthetic concerns. The tkillowing standards shall be accomplished: 1. All lighting is proposed so as to prevent direct glare or hazardous interference of any king to adjoining streets or lands. Lighting Of site features, structures, and access ways is proposed in an appropriate manner. - 14 - Staff Finding The proposed addition to the building and the new playground area is required to meet the City of Aspen Lighting Code as is set forth in Land Use Code Section 26.575.150, Outdoor Lighting. Staff finds this criterion to be met. 2. All exterior lighting shall be in compliance with the Outdoor Lighting Standards unless otherwise approved and noted in the final PUD documents. Up-lighting Of site features, buildings, landscape elements, and lighting to call inordinate attention to the property is prohibited for residential development. Staff Finding The proposed addition to the building and the new playground area is required to meet the City of Aspen Lighting Code as is set forth in Land Use Code Section 26.575.150, Outdoor Lighting. Staff finds this criterion to be met. G. Common Park, Open Space, or Recreation Area: If the proposed development includes a common park, open space, or recreation area for the mutual benefit of all development in the proposed PUD, the following criteria shall be met: 1. The proposed amount, location, and design of the common park, open space, or recreation area enhances the character of the proposed development, considering existing and proposed structures and natural landscape features o.f the property, provides visual relief to the property's built .form, and is available to the mutual benefit of the various land uses and property users of the PUD. Staff Finding The playground that is to be updated is to be subdivided off from the remainder of the Centennial property and dedicated to the City as a Public Park. Therefore, the Park will be allowed to be used by anyone that would like to use it. Staff finds this criterion to be niet. 2. A proportionate, undivided interest in all common park and recreation areas is deeded in perpetuity (not for a number of years) to each lot or dwelling unit owner within the PUD or ownership is proposed in a similar manner. Staff Finding The playground that is to be updated is to be subdivided off from the remainder of the Centennial property and dedicated to the City as a Public Park. Therefore, the Park will be allowed to be used by anyone that would like to use it. Staff finds this criterion to be met. 3. There is proposed an adequate assurance through legal instrument for the permanent care and maintenance of open spaces, recreation areas, and shared facilities together with a deed restriction against future residential, commercial, or industrial development. -15- Staff Finding The playground that is to be updated is to be subdivided off from the remainder of the Centennial property and dedicated to the City as a Public Park. Thus, the City will take over maintenance of the park to ensure that permanent care is provided to the park. Staff finds this criterion to be met. H. Utilities and Public Facilities: The purpose of this standard is to ensure the development does not impose any undue burden on the City's infrastructure capabilities and that the public does not incur an unjustified financial burden. The proposed utilities and public facilities associated with the development shall comply with the following: 1. Adequate public infrastructure facilities exist to accommodate the development. Staff Finding Staff believes that sufficient public infrastructure exists to construct the proposed unit as was approved in Planning and Zoning Commission Resolution No. 12, Series of 2003. Additionally, the Aspen Fire Marshall, City Water Department, City Streets Department, and a representative from the Aspen Consolidated Sanitation District reviewed the application and indicated that there were sufficient public infrastructure facilities to accommodate the proposal. Staff finds this criterion to be met. 2. Adverse impacts on public infrastructure by the development will be mitigated by the necessary improvements at the sole cost o.f the developer. Staff Finding The utilities and public infrastructure on the site are existing. Staff believes that the proposed amendment will not place a greater demand on the utilities or site improvements than currently exists. The City Water Department and the Aspen Sanitation District have reviewed the proposal and feel that adequate services exist to serve the proposed expansion of one (1) model unit/affordable housing unit. Staff finds this criterion to be met. 3. Oversized utilities, public facilities, or site improvements are provided appropriately und where the developer is reimbursed proportionately jor the additional improvement. Staff Finding The Applicant is not proposing to install oversized utilities or public facilities and it is not anticipated that the applicant will be required by the City to provide oversized utilities. Staff does not find this criterion to be applicable to this application. I. Access and Circulation (Only standards 1&2 apply to Minor PUD applicationS): The purpose of this standard is to ensure the development is easily accessible, does not unduly burden the surrounding road network, provides adequate pedestrian and recreational trail facilities and minimizes the use of security - 16 - gates. The proposed access and circulation Of the development shall meet the following criteria: 1. Each lot, structure, or other land use within the PUD has adequate access to a public street either directly or through and approved private road, a pedestrian way, or other area dedicated to public or private use. Staff Finding Both the addition of a unit to the complex and the dedication of the playground as a public park are not anticipated to be considerable traffic generators and it has been determined by the Fire Marshall and the City of Aspen Engineering Department that adequate vehicular access currently exists to accommodate both requests. Additionally, the Parks Department has proposed to improve the pedestrian access to the park. Therefore, staff finds this criterion to be met. 2. The proposed development, vehicular access points, and parking arrangement do not create traffic congestion on the roads surrounding the proposed development, or such surrounding roads are proposed to be improved to accommodate the development. Staff Finding Staff feels that sufficient parking currently exists within the development to accommodate the addition of an affordable housing unit as has been previously detailed in this memorandum. Additionally, staff believes that the proposed public park will not be a large traffic generator due to the fact that the existing playground is already open to the public in that Centennial does not currently restrict the use of the playground to just it's residents. Staff finds this criterion to be met. J. Phasing of Development Plan. The purpose of these criteria is to ensure partially completed projects do not create an unnecessary burden on the public or surrounding property owners and impacts O.f an individual phase are mitigated adequately. Uphasing of the development plan is proposed, each phase shall be defined in the adopted.final PUD development plan. The phasing plan shall comply with the.following: 1. All phases, including the initial phase, shall be designed to function as a complete development and shall not be reliant on subsequent phases. 1. The phasing plan describes physical areas insulating, to the extent practical, occupants O.f initial phases from the construction of later phases. 3. The proposed phasing plan ensures the necessary or proportionate improvements to public ·facilities, payment of impact fees and fees-in-lieu, construction of any jacilities to be used jointly by residents of the PUD, construction of any required af.fordable housing, and any mitigation measures are realized concurrent or prior to the respective impacts associated with the phase. -17- Staff Finding The Applicant is not proposing to phase the proposed construction. Therefore. staff finds this criterion not to be applicable. -18- Subdivision 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. A. General Requirements: 1. The proposed subdivision shall be consistent with the Aspen Area Comprehensive Plan. Staff Finding The proposed subdivision request is intended solely to allow for the playground to be parceled off from the remainder of the Centennial property so that it may be dedicated to the City as a public park. In reviewing the request to subdivide the playground off from the remainder of the Centennial property and create a public park, staff believes that the request is consistent with the AACP's Parks and Open Space Policy of furthering the growth and development of outdoor recreation through expanded partnerships among government agencies. non-profit organizations, and the general citizenry by providing an additional public park for the citizenry of the neighborhood to utilize. Additionally, staff believes that the proposal supports the AACP's goal of improving the public's access to parks and recreation facilities by providing a public park in an area of town that is densely populated. 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 The area of Centennial that is to be subdivided off from the remainder of the property is already a playground area. Therefore, staff believes that the intended park use of the parcel is consistent with that of the existing playground use. Additionally, staff believes that the park use complements the densely populated affordable housing complexes that exist in the immediate 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 believe that the proposed subdivision will adversely affect the development of the surrounding areas. Staff feels that the subdivision request to dedicate the existing playground as a public park will actually enhance the area because the playground will be updated with new playground equipment. Staff finds this criterion to be met. 4. The proposed subdivision shall be in compliance with all applicable requirements Of this Title. - 19 - Staff Finding Staff believes that the proposed subdivision will create a conforming lot in that the minimum lot size for the proposed park is to be established through the requested PUD amendment. Iii addition, the public park is proposed to be rezoned to the Park Zone District in conjunction with this subdivision request, which will allow for the proposed park to be a permitted use. Staff finds this criterion to be met. B. Suitability of Landfor Subdivision a. Land suitability. The proposed subdivision shall not be located on land unsuitable for development because offlooding, drainage, rock or soil creep, mudflow, 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 ef.licient. 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 proposed subdivision request to parcel off the existing playground and dedicate it to the City as a public park will not require any extension of public facilities or unnecessary public costs. Moreover, staff feels that the land proposed to be subdivided is suitable for the development of a park and will not be harmful to the health. safety. or welfare of the citizenry that will use it. Staff finds this criterion to be met. C. Improvements. The improvements setforth at Chapter 26.580 shall be provided for the proposed subdivision. These standards may be varied by special review (See, Chapter 26.430) if tile 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 shaH specify each design standard variation requested and provide justification for each variation request, providing design recommendations by professional engineers as necessary. Staff Finding The Parks Department and the Applicant will install the improvements necessary for the playground as part of the site redevelopment. Staff finds this criterion to be met. 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 - 20 - 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 As part of the proposed subdivision request, the Applicant has not proposed to construct either a residential unit or a commercial space that would require a GMQS exemption or an allotment for the property being subdivided. The development of a park does not require a GMQS allotment. Staff finds this criterion not to be applicable to this application. E. School Land Dedication. Compliance with the School Land Dedication Standards set forth at Chapter 26.630. Staff Finding The development of a park on the land to be subdivided off from the Centennial property does not include the development of a residential unit; and therefore, school land dedication is not required iii relation to this subdivision application. Staff finds that this criterion is not applicable to this application. 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 parce!(s) zoned Affordable Housing Planned Unit Development (AH-PUD) without first obtaining growth management approvals if the newly created parceks) is required to obtain such growth management approvals prior to development through a legal instrument acceptable to the City Attorney. (Ord. No. 44-2001, § 2) Staff Finding The development of a park does not require a GMQS allotment. Staff finds this criterion not to be applicable to this application. -21- REZONING REVIEW CRITERIA & STAFF FINDINGS Pursuant to Land Use Code Section 26.310, in reviewing an application for an amendment to the official zone district map, the Planning and Zoning Commission and City Council shall consider the following: 1. Whether the proposed amendment is in conflict with any applicable portions Of this Title. Staff Finding Staff does not feel that the proposed rezoning application of the park parcel to the Park Zone District is in conflict with the City of Aspen land use code requirements iii any manner. The proposed rezoning application will not create any non-conformities because the dimensional requirements for the lot that is to be created for the park is to be established through the PUD amendment that is being reviewed simultaneously. Staff finds this criterion to be met. 2. Whether the proposed amendment is consistent with all elements of the Aspen Area Community Plan. Staff Finding Staff believes that the proposed rezoning application is consistent with the AACP in that it will properly zone the public park that is proposed to be dedicated to the City. Additionally, the playground that is to be refurbished and dedicated to the city as a public park meets several of the AACP's goals that are set forth in the Parks, Open Space, and the Environment section as was detailed previously in staffs response to Criterion No. 1 in the Subdivision portion of the staff findings. Staff finds this criterion to be met. 3. Whether the proposed amendment is compatible with the surrounding zone districts and land uses, considering existing land use and neighborhood characteristics. Staff Finding The proposed application to subdivide and rezone the existing playground will not substantially change the existing land use in that the existing playground is already used by the neighborhood in general because Centennial does not currently restrict use of the playground to people that live in Centennial. The playground has been existence for a long period of time in this location and staff believes that the proposed designation as a public park complements the densely populated multi-family housing in the immediate vicinity. Staff finds this criterion to be met. 4. The effect of the proposed amendment on tra#ic generation and road safety. - 22 - Staff Finding Staff does not believe that the refurbishment and the conversion of the existing playground to a public park will be a large traffic generator. As has been stated throughout the memo, the existing playground is already available for use by the general public iii that Centennial does not currently restrict its use. Therefore, staff does not expect a large increase in the number of visitors to the park. Additionally, the City Engineer and the Parks Department believe that there are sufficient roads to satisfy the proposed request. Staff finds this criterion to be met. 5. Whether the extent to which the proposed amendment would result in demands on public facilities, and whether and the extent to which the proposed amendment would exceed the capacity of such public facilities, including but not limited to transportation facilities, sewage facilities, water supply, parks, drainage, schools, and emergency medical facilities. Staff Finding Staff does not believe that the proposed rezoning application would exceed the capacity o f the existing public facilities in the area. Staff finds this criterion to be met. 6. Whether and the extent to which the proposed amendment would result in significantly adverse impacts on the natural environment. Staff Finding Staff does not believe that the proposal to rezone the playground parcel to the Park Zone District would have an adverse impact on the natural environment. Staff feels that maintenance of the playground should improve by the City taking it over and that the natural environment would benefit from the increased landscaping that the Parks Department is proposing. Staff finds this criterion to be met. 7. Whether the proposed amendment is consistent and compatible with the community character of the City of Aspen. Staff Finding Staff believes that the proposed rezoning is consistent and compatible with the community character of Aspen. Staff feels that the proposed amendment is consistent with the goals of the AACP as is detailed in Criterion No. 1 in the rezoning review standards. Staff finds this criterion to be met. 8. Whether there have been changed conditions affecting the subject porcel or the surrounding neighborhood which support the proposed amendment. - 23 - Staff Finding Staff believes that there have been changed conditions in relation to the condition of the playground equipment on the site. The playground equipment needs to be refurbished and the Applicant has chosen to ask the Parks Department if the would like to take the site on as a public park. Therefore, the requested zoning change is necessary for the park to be dedicated as a City park. Staff finds this criterion to be met. 9. Whether the proposed amendment would be in conflict with the public interest and whether it is in harmony with the purpose and intent Of this Title. Staff Finding Staff does not believe that the proposed rezoning application in itself is in conflict with the public interest or the intent of the land use code. Staff believes that the proposed public park will enhance the experience of patrons to the playground by providing for improved facilities and maintenance of the playground. Staff finds this criterion to be met. - 24 - GIVIQS EXEMPTIONS Review Criteria & Staff Findings Section 26.470.07064 Affordable Housing GMOS Exemption Section 26.470.070(J) of the Regulations provides that, "All affordable housing deed restricted in accordance with the housing guidelines of the City Council and its housing designee shall be exempt [from the GMQS scoring and competition procedures]." Review is by City Council. The section goes on to state that, The review of any request for exemption of housing pursuant to this Section shall include a determination Of the City's need forsuch housing, considering the proposed development's compliance with an adopted housing plan, the number of dwelling units proposed and their location, the type of dwelling units proposed, specifically regarding the number Of bedrooms in each unit, the size of the dwelling unit, the rental/sale mix of the proposed development, and the proposed price categories to which the dwelling units are to be deed restricted. Staff Finding The Planning Staff believes that the review of the proposed use of the approved model unit as a deed restricted affordable housing unit, with the income and asset restriction waivers proposed by the Applicant, is primarily a housing policy related issue. With that being the case. the Housing Authority Staff has reviewed the request and recommended that the application be approved as proposed. Additionally, staff feels that there certainly still is a need for the development of affordable housing in that we are still under the projected need of 800 to 1300 additional affordable housing units that is set forth in the 2000 Aspen Area Community Plan's Housing Policies. Moreover. staff believes that the proposed site is located in an appropriate location for the development of affordable housing in that it is iii close proximity to the commercial core and well within the Urban Growth Boundary as is mandated by the AACP. Staff finds this criterion to be met. -25- John Niewoehner, 04:27 PM 00~03/2003,9/3/03 DRC Minutes: Cents: Model Unit C... Page 1 of2 Exk j 4 X-Sender: johan@comdev X-Mailer: QUALCOMM Windows Eudora Pro Version 4.2.2 Date: Wed, 03 Sep 2003 16:27:21 -0600 To: jerryn@ci.aspen.co.us, nicka@ci.aspen.co.us, timw@ci.aspen.co.us, juliew@ci.aspdn.co.us, philo@ci.aspen.co.us, chrisb@ci.aspen. co.us, cindyc@ci.aspen.co.us, amyg@ci.aspen. co.us, edv@ci.aspen.co.us, stephenk@ci.aspen.co.us, jackiel@ci.aspen. co.us, joycea@ci.aspen.co.us, jamesl@ci.asperi. co.us, lindach@ci.aspen. co.us, benl@ci.aspen. co.us, stephene@ci.aspen. co.us, johnk@ci.aspen. co.us, jeffw@ci.aspen. co.us, denism@ci.aspen.co.us, randyr@ci.aspen. co.us, richardg@ci.aspen. co.us, tbracewell@aspensan. com, lynnb@ci.aspen. co.us, victoria@ci.aspen.co.us, chrisb@ci.aspen. co.us, saraho@ci.aspen.co.us, brianf@ci.aspen. co.us, jannette@ci. aspen.co.us, scottw@ci.aspen.co.us, victoria@ci.aspen. co.us From: John Niewoehner <johnn@ci.aspen.co.us> Subject: 9/3/03 DRC Minutes: Centennial Model Unit & City Park 9/3/03 DRC Minutes: Centennial Model Unit and Donation of Park to City Attendees: · *James Lindt, Com-Dev Planner *Tom Bracewell, Sanitation District *Brian Flynn, Parks *Nick Adeh, City Engineer *John Niewoehner, DRC Coordinator , *Alan Richman, Applicant's Representative Overview: The owners of Centennial Townhomes have a two-part application with the City. The first part of the application is to request a PUD change to allow short-time Centennial contractors the use of a model apartment for tempotary housing. If this is approved, water and sewer services would have to be installed in the model unit. The amount of time that contractors could·stay in the model unit will be resticted. Secondly,-Centennial proposes to give the City an existing playground area on the corner of Park Circle and Brown Lane (approx 6000 sf). Prior to giving the land to the City, Centennial plans to make improvements to the playground (not to exceed $25,000). Sanitation District Comments: With regard to the model unit, ASCD needs to see building plans in order to access fees. Parks Department: (all comments pertain to the proposed park) * Actual boundaries of the proposed City Park need to be determined. * Agreement between the City and Centennial will need to delineate the responsibilities for future maintenance of sidewalk, curb and gutter, and street landscaping. Furthermore, the Agreement will need to discuss the arrangement for park irrigation water and any liability issues. * A preliminary plan will be developed for review by P& Z and City Council. If this preliminary plan is approved by a City Council, a subdivision plat will be created for recordation. * Potentially, utility easements will be needed across the proposed park. These easement will need to be shown on the preliminary plan and future plat. Printed for James Lindt <jamesl@ci.aspen.co.us> 09/03/2003 John Niewoehner, 04:27 PM 09/03/2003,9/3/03 DRC Minutes: Centennial 3 ~-del Unit C... Page 2 of 2 P34 Engineering Department: Typically, the owner of the property is responsible for the maintenancd of the sidewalk, curb and gutter, and landscape island abutting the owner's proper-ty. Although the proposed City Park may abut the ROW, Centennial may decide to continue maintining the ROW landscaping, sidewalk, curb and gutter. If, on the other hand, the City does take over the responsibility for maintaining the elements in the ROW adjacent to the park, the City needs to inspect these elements prior. to accepting responsibility for future maintenance. Com-Dev Department: * As part of the process, the proposed park should be re-zoned as 'park' * The applicant should document that adequate parking exists for the additional unit created by converting the model unit to a unit to be used by Centennial contractors. Please let me know if you have any additional comments on this proposal. - - John N. John Niewoehner Community Development Engineer City o f Aspen , 130 S. Galena St. Aspen CO 81611 920-5104 www.aspenpitkin.com Printed for James Lindt <jamesl@ci.aspen.co.us> 09/03/2003 P35 MEMORANDUM TO: James Lindt, Community Development FROM: Cindy Christensen, Operations Manager DATE: September 29,2003 RE: Centennial PUD Amendment,·Subdivision and GMQS Exemption Parcel ID No. 2737-074-27-701 The applicant is requesting approval to use the model unit that was previously approved to accornmodate other uses (temporary, transient housing for contract employees, long-term employee housing). The applicant proposes to place a deed restriction on the model unit stating that if the unit is rented or ifit is sold, it will be subject to the same limitations as have been placed on the other rental or sale units in the Centennial project. · If approved, it would bring deed-restricted units up to 241 Eit ' Centennial. The deed restriction should include· the following limitations: • Occupancy of the unit will be limited to no more than 60 days per year, including no more than 15 days during any month and no more than 10 consecutive days at any time. No rent will be permitted to be charged for this occupancy. U • The applicant will submit a quarterly reort to the Aspen/Pitkin County Housing Authority. detailing who has occupied the unit and on what dates it has been occupied during the past - ~ quarter. The deed restriction should include these two limithtions hlong with what is already stipulated for the other 240 units, which would place a Category 3 deed restriction on this unit. The main intent o f this unit is to be utilized as a model for potential renters. The minimal use to be occupied by specific employees of the owner as necessary is not the reasoning behind the request to add this unit into the housing inventory. This unit only helps in keeping costs down for the owner in order to maintain the property to its highest standafds and as a viable rental deed-restricted property. If in the future the owner desires to subdivide and sell all the rental units, this additional unit would be added into tile ownership inventory. RECOMMENDATION: Staff would recon=nend approval of this request with the deed restriction to include all. the requirements as stipulated in the current restrictions plus the additional - conditions stated above. The reasoning for the approval is two-fold: 1) an additional category unit is added to the housing inventory; and 2) there are other deed-restricted units that allow for the P36 flexibility of an employer to place an employee of his choice in a unit and waive the income and asset requirements. 2 -1/ 261~k,~ 110 0 j ~ --r j~ /e,rr~77» i \ 3-Owe: 27<7**38- ie'»2*- u,f/p- Ariz:*E~- -- A-/ p I 86}41 I 146 rc,AY ~er 6,pryoUT N -7,8 "5**-7742- Pel*'7-065 1. + *t--\ - - /I*,5«€:M«SC ,*mea> *GiE> - /0 // -7%*PE·--02#rai» 0%0*4< 197746 W».645 - -__<6*3*' 27 / - 194*0* St/»s . - -3 1 + -A \ + \ \\ F t j \\ 93 .f + C j + 1 13 t -r 4- 4 -14- 43 tuD¥<#Se> \3 267~4&2121 + D#*E*De!/09 e t + _FEortnet=, - E,7477/t>-1 + 2 2 ' --*~ Aql- _ _*MEON U*P.6 + LIAL#/CALU%4 -37974'332 #'Dd- I + .. r=MU-·- 20/k _ 455>,77/12, /t,e~C + - -C/0 NO¥ -F T U A U. D 9 -S I €p N rj 804 6tal BENTEWN I M- PI-*65H>U A/13 -No-Var\DEF-_ 6,20-003> 0 {T 7 4 Ps rE-N f k ftp-e» parrn- SCA-1.-er' /{r=(01-0. -29'9~de- 2744**/1/- Mf,#mit=- 4//02- /%mPaer_ _f %00- -* A~m;,77 €&1431N4. FLAY »EN- l-'1~f OUT- - *--162* 4¥e,<f™GES*ELBess 1 __ea- 5€ue> - 2*YrU«2 -58477*1426 - ~/3(0 le*Le-23<,Tr-ifj2174.4*46, , 7 - - A,"'*2 2%10 /Z.".1 - - _- 4 / - . ixf:Alv'~___i , £/FARRE* st'A,dits . +.. . \ i . %+ \ L-9 \ 1 .2 + . I . + >t l + i 2 + 4- .-- \ 3/ ./707*se) * 2 $#te;64£,e__ t#* -M.AFE,NNE,gr . 1% e + .EX/*7/t 7 + 4 + + + *9177» A/K*94- . ps;ltz.&* ZO/t4*S 33-x <340=+ /81»- O 0 0 0¥-F T U ,A- 1-- D WS 1 6 N '1 5- -k /04(,P~FL 00/7"*70£- PU>w»6//05 7*pe?"92· 4- .2-de 0 IT 7 06 +6 rE=-N fk F-r-gs *s : EMN Erl \\C_ // \\ -6,75/e- 877***tr 'e,m:81- U,07 LVEZ#€7 ___- 2--*- A 8%*31#4_ P LAY AF·f1t l/Pf~ ouT-- - , lit# ,?0,•.50, 774.9 70/PredkS **~ .-1*uen¥- 40- A¥0¢-fisfirle=~matre Fees -'t %3,4 i t,¢321122 seta,ep . 0 -- »mi0,2-3¥M77Ak -VAZZ25 - , Ai,g,*~ *0 "*0-1 --- 4 .... -- . . 4 148%09* se»/5 -. .. I . .. +.. . . \ 1 + ¢ \ L U.2 + \ 2\00 UE . I. + \\ 2 .1- ·F + < tflf 4- 6 . tDMopose) \ 3 t »09-44.aviashz .. + 67*771&_7 : + fl?€2;20 _cotr-ON u.4 04 T _WIN, MEA _ + -_Nff/(6UUM *477» *94 -¥*W- 10+85 &# -<#156* r/[~iE-_ o O W 6¥~F T U A- U b WS -1 4 N " e ENEfy tollua 6*3/7NA#0£-P /DL-/,ya'*04//05 -NoVer\Des 4 5403> 0 IT 7 06 As rt- N f k F+-a »1 -7 - -- 16"-L-21 7 <70 co ' CENTENNIAL PLAYGROUND Cost Summary-Maintenance Costs Aspen Parks Department 05-Dec-03 WORK TASK QTY UNIT UNIT COST TOTAL COST MOWING 2 lirs/week x 26 weeks x $30.00/lir. 1 LS 1.560.00 1,560.00 Materials (gas, trimmer string, etc.) 1 LS 300.00 300.00 Total Mowing 1,860.00 PLAYGROUND MAINTENANCE Playground inspections, Trash, Dog Box 1 LS 5,460.00 5,460.00 3.5 lirs/week x 52 weeks x $30.00/lir Materials (trash bags, dog bags) 1 LS 1,300.00 1,300.00 Miscellaneous I LS 1,000.00 1,000.00 Total Playground Maitenance 7,760.00 Subtotal 9,620.00 Total Annual Maintenance Costs 9,620.00 PUBLIC NOTICE RE: CENTENNIAL PUD AMENDMENT, SUBDIVISION, GMQS EXEMPTION TO DEVELOP AFFORDABLE HOUSING, AND REZONING. NOTICE IS HEREBY GIVEN that a public hearing will be held on December 8,2003, at a meeting to begin at 5:00 P.M. before the Aspen City Council, Council Chambers, City Hall, 130 S. Galena St., Aspen, to consider an application submitted by Centennial Aspen II Limited Partnership requesting approval of a PUD amendment and a GMQS exemption for affordable housing to allow for the model unit that was approved to be constructed within Building H of the Centennial Rental PUD to be converted to a deed restricted affordable housing unit, Additionally, the application requests subdivision approval to parcel off the area of the existing playground that exists adjacent to Building H so that it could be improved and dedicated to the City of Aspen as a public park. The application also requests to rezone the property under the proposed playground to the Park Zone District to accommodate the public park use. The property subject to the proposed requests is legally described as Lot 3 of the Centennial Condominium Subdivision and Condominium Plat. For further information contact James Lindt at the City of Aspen Community Development Department, 130 South Galena St., Aspen, CO (970) 920- 5095, jamest@ci.aspen.co.us s/Helen Kalin Klanderud, Mayor Aspen City Council Published in the Aspen Times on November 22,2003 City of Aspen Account pinooth Feed SheetsTM Use template for 5160® 408 WEST REDS ROAD LLC 23 UPPER RANCH RD ABELIA INVESTMENT LTD C/O NA PROPERTY C/O PEG UGLAND 908 VINE ST PO BOX 8029 6525 W CAMPUS OVAL STE 105 ASPEN, CO 81611-9625 ASPEN, CO 81612 NEW ALBANY, OH 43054 ADLER FAMILY LLC ABERNATHY LINDA K ADAMS RAY VINCENT C/O STEPHEN ADLER 729 N BEDFORD DR 638 VINE ST 287A NASSAU ST BEVERLY HILLS, CA 90210 ASPEN, CO 81611 PRINCTON, NJ 08540-4618 AIR WISCONSIN AIRLINES AERIE LLC ALBRIGHT JENNIFER B 1/2 CORPORATION PO BOX 828 220 TEAL CT A DELAWARE CORPORATION WAUKESHA, WI 53187-0828 ASPEN, CO 81611 W6390 CHALLENGER DR STE 203 APPLETON, WI 54914 ALDEN CHRIS ALFORD CAROLE L ALLEN LEONARD A 150 WILLIAMS RANCH DR 316 VINE ST PO BOX 8316 ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81612 ALLEN VIRGIL G ALTMAN ERIC ANASTASI JOAN PO BOX 3765 223 VINE ST 435 VINE ST ASPEN, CO 81612 ASPEN, CO 81611-3264 ASPEN, CO 81611 ANDERLIK CHRISTY ANDERSON TIMOTHY J ANSON CHRISTOPHER D PO BOX 11843 316 OAK LN 516 VINE ST ASPEN, CO 81612 ASPEN, CO 81611 ASPEN, CO 81611-1593 ASPEN CENTER FOR ENVIRONMENTAL ARMSTRONG MICHAEL D ARTHUR STEPHEN F STUDIES PO BOX 9092 PO BOX 4871 100 PUPPY SMITH ST ASPEN, CO 81612 ASPEN, CO 81612 ASPEN, CO 81611 ASPEN SQUARE CONDOMINIUM ASSOC AUSTER-STEIN M LEAH BABBITT SUSAN 617 E COOPER AVE PO BOX 7963 4400 S MONACO ST APT 1033 ASPEN, CO 81611 ASPEN, CO 81612 DENVER, CO 80237-3454 BACSANYI KARLA S BAEHR LYNNE BAKER KIRK S PO BOX 9226 1132 VINE ST PO BOX 1520 ASPEN, CO 81612 ASPEN, CO 81611 ASPEN, CO 81612 BALCOM SYLVIA J BALLARD PAUL W & ANN H BANC PATRICIA A 1336 VINE ST PO BOX 2572 0298 DEER RUN ASPEN, CO 8161'1 ASPEN, CO 81612 CARBONDALE, CO 81623 ¥~ AVERY® Address Labets Laser 5160® Smooth Feed SheetsTM Use template for 5160® BARDEEN WILLIAM A LIVING TRUST BARNES JOHN ELWOOD 111 & SHARON BARBOUR REGINALD D & MARY BARDEEN WILLIAM A - TRUSTEE MEEKER P O BOX 4194 29 W 280 IROQUOIS CT N 124 VINE ST ASPEN, CO 81612 WARRENVILLE, IL 60555 ASPEN, CO 81611 BARRETT MARIANNE BARRETT WILLIAM A BARROW JUSTIN & AMY PO BOX 4776 2418 SANTA BARBARA 325 TEAL CT ASPEN, CO 81612 SANTA BARBARA, CA 93105 ASPEN, CO 81611 BARTELL NICHELLE BASS CRAIG P BECKER DANIEL A PO BOX 4496 319 AABC STE GH 617 E COOPER ASPEN, CO 81612 ASPEN, CO 81611 ASPEN, CO 81611 BECKER JANICE BELL ANN S & BRUCE A BELL MARTIN W 72 ALDER AVE 319 FREE SILVER CT 5217 18TH AVE NE SAN ANSELMO, CA 94960 ASPEN, CO 81611 SEATTLE, WA 98105 BENNETT PATRICIA WADE & THEODORE BELLINGER BAYARD BERG KRISTOFOR F PO BOX 1857 517 VINE ST 317 OAK LN ASPEN, CO 81612 ASPEN, CO 81611 ASPEN, CO 81611 BERGMAN CARL R & CATHERINE M & BERNARD SUSAN BETTIO JACK A LINDA 37 ALBERT RD 3875 RIDGEWAY RD PO BOX 1365 RICHMOND SURREYTW10 6DJ LAKEHURST, NJ 08733 ASPEN, CO 81612 ENGLAND, BILBY JENNIFER BITTNER SHIRLEY MARIE BIXBY PATRICIA ELLIS 124 FREE SILVER CT 123 VINE ST 554 30TH ST ASPEN, CO 81611 ASPEN, CO 81611 SAN FRANCISCO, CA 94131 BLAKESLEE MICHAEL & WENDY BOHN GERRY BOLTON LANCE PO BOX 2213 537 VINE ST PO BOX 2782 ASPEN, CO 81612 ASPEN, CO 81611 ASPEN, CO 81612 BONGIORNO PHILIP & LINDA BORKOVEC P RICHARD BOSLOUGH JOHN I & SUSAN L RAEHN 628 VINE ST 536 VINE ST 11429 HERITAGE OAK CT ASPEN, CO 81611-1594 ASPEN, CO 81611-1593 RESTON, VA 20194-1977 BOSTICK BARBARA OWEN- BOTICA MICHELLE BOWMAN JEFFREY M & MELISSA D 340 SILVERLODE DR 323 FREE SILVER CT #204 725 VINE ST ASPEN, CO 81611-2542 ASPEN, CO 81611-3223 ASPEN, CO 81611-3268 ~~ AVERY® Address Labels lacer 5160® Smooth Feed SheetsTM Use template for 5160® BRACHER KIMELISE M BRAUNIG MARTHA J BREHOB SANDRA K PO BOX 4002 PO BOX 761 209 COTTONWOOD LN ASPEN, CO 81612 ASPEN, CO 81612 ASPEN, CO 81611 BROMKA KAREN S & BARRY J BROOKES E ALAN BROOKS MURRAY J 11 AJAX AVE , PO BOX 5764 850 GEORGIA AVE ASPEN, CO 81611 PLAYA DEL REY, CA 90296 WINTER PARK, FL 32789 BROWN DEREK & JENNIFER BROWNSTEIN AMY BRUCE DAVID LAWRENCE PO BOX 1181 PO BOX 8153 224 VINE ST ASPEN, CO 81612 ASPEN, CO 81612 ASPEN, CO 81611 BRYAN DANYIELLE BUNCE BARBARA A BUNEVICH PETER & BRIGITTE PO BOX 11995 321 VINE ST 5301 CRACHER BARREL ASPEN, CO 81612 ASPEN, CO 81611 COLORADO SPRINGS, CO 80917 BURBIDGE RICHARD BUREK DEBORAH J BURNAMAN JERRY J & STEPHANIE L PO BOX 4776 PO BOX 812 533 VINE ST ASPEN, CO 81612 ASPEN, CO 81612 ASPEN, CO 81611 BURROWS ARTHUR & COLLEEN BURNETT CHARLES P 111 TRUSTEE BURTCH GEORGE W COLLINS 6744 OLYMPUS DR PO BOX 8345 410 N MILL ST #B-11 EVERGREEN, CO 80439 ASPEN, CO 81612 ASPEN, CO 81611 BYRUM ALBERT G JR BUSCH JON LOWELL BUTLER STEPHANIE BYRUM PATRICIA 548 RACE ST 526 VINE ST 100 LEATHERWOOD CIR ASPEN, CO 81611 ASPEN, CO 81611 MARTINSVILLE, VA 24112 CARDER FAMILY PARTNERSHIP CAMPBELL BEVERLY ANNE CANTER JERRY & MARC E C/O AMY CARDER 207 COTTONWOOD LN PO BOX 50443 40 MULE DEER TRL ASPEN, CO 81611 SANTA BARBARA, CA 93150 LITTLETON, CO 80127 CAREY JANE ELIZABETH CAREY PATRICIA CARNEY TIMOTHY 3 1 12 110 WILLIAMS RANCH DR PO BOX 1440 220 TEAL CT ASPEN, CO 81611 ASPEN, CO 81612 ASPEN, CO 81611-3260 CARP RESA ANNE CENTENNIAL ASPEN CARROLL TWILA A LIMITED PARTNERSHIP A LIMITED PARTNERSHIP 314 TEAL CT PO BOX 10432 100 LUKE SHORT CT ASPEN, CO 81611 ASPEN, CO 81612 ASPEN, CO 81611 77~. AVERY® Address Labels laser 5 160® Smooth Feed SheetsTM Use template for 5160® CHAPMAN KEITH KAREN & KATHY 1/2 CHAPMAN HARVEY G JR & RUTH J CHELEC RICHARD J & SUSAN INT 717 KUPULAU DR PO BOX 11437 12213 206TH PL SE KIHEI, HI 96753-9349 ASPEN, CO 81612 ISSAQUAH, WA 98027-8533 CHRIST NIKOLAUS CHRISTENSEN CAROLINE CITY OF ASPEN 11678 E BERRY DR PO BOX 9195 130 S GALENA ENGLEWOOD, CO 80111-4146 ASPEN, CO 81612 ASPEN, CO 81611 CLAFFEY WALTER W TRUST CLAYTON DOUGLAS W CLAYTON LAURIE C/O ZAP HOUSE CLEANING PO BOX 8813 PO BOX 5004 PO BOX 8313 ASPEN, CO 81612 ASPEN, CO 81612 ASPEN, CO 81612 COATES JOHN J JR & MARY ANN COLLINS CHARLES & JANICE COLORADO MTN NEWS MEDIA PO BOX 25277 531 W GILLESPIE AVE PO BOX 272409 OKLAHOMA CITY, OK 73125 ASPEN, CO 81611 FT COLLINS, CO 80527-2409 COLVER JOHN C COMEAU STEPHEN COMPTON SPENCER 523 VINE ST 412 FREE SILVER CT 237 VINE ST ASPEN, CO 81611-3266 ASPEN, CO 81611 ASPEN, CO 81611 CONNER MICHAEL T CONNOLLY KEVIN M COOK CHARLES E PO BOX 345 514 VINE ST PO BOX 413 ASPEN, CO 81612 ASPEN, CO 81611-1593 ASPEN, CO 81612 COOPER MATTHEW MARC & NINA CORBETT PAUL CHARLES CORDOVA DIANA J IRENE PO BOX 2884 0002 AJAX AVE 8341 PLUM CK CT ASPEN, CO 81612 ASPEN, CO 81611 LAS VEGAS, NV 89113 COSTELLO STEPHANIE TRUST COSTIGAN JILL COULOMBE SHELLEY R 328 OAK LN PO BOX 8686 140 WILLIAMS RANCH DR ASPEN, CO 81611 ASPEN, CO 81612 ASPEN, CO 81611-2519 CRAIG JENNIFER CRAWFORD PATRICIA C CREPPS KAREN E PO BOX 46 412 TEAL CT #Q-104 PO BOX 11773 WOODY CREEK, CO 81656 ASPEN, CO 81611 ASPEN, CO 81612 CRIMMEL PETRA & WILLIAM T CROSS EDWARD T CROWLEY ELAINE C 521 VINE STREET PO BOX 1843 228 VINE ST ASPEN, CO 81611 ASPEN, CO 81612 ASPEN, CO 81611-1550 ~~AVERY® Address Labels Laxer 4 160® Smooth Feed Sheets TM Use template for 5160® CRUZ CATALINA CUELLAR MARIA L CUNNINGHAM ROBERTA J CRUZ LAURA O 210 FREE SILVER CT PO BOX 9211 PO BOX 2661 ASPEN, CO 81611 ASPEN, CO 81612 ASPEN, CO 81612 CURRAN CHRIS CURRY CHARLES T CUSSAGUET CATHERINE 616 VINE ST PO BOX 8150 115 VINE ST ASPEN, CO 81611-1594 ASPEN, CO 81612 ASPEN, CO 81611-1549 DALESSIO ROBERT J & JEAN M DAMKE LEILANI KAE DANFORTH ALISON C 60 WILLIAMS RANCH DR 5371 E CALEY AVE PO BOX 3763 ASPEN, CO 81611 LITTLETON, CO 80121 ASPEN, CO 81612 DANFORTH DAVID N DANIEL CARALYN L DAVIES ALEX PO BOX 1863 621 VINE ST 980 E HYMAN AVE APT 4 ASPEN, CO 81612 ASPEN, CO 81611-3267 ASPEN, CO 81611 DAVIS SILVIA DELISE DONALD LEE DEQUINE SHARON L 509 RACE ST PO BOX 345 713 VINE ST ASPEN, CO 81611 WOODY CREEK, CO 81656 ASPEN, CO 81611 DETKO GEORGE J JR DETWEILER DIRK DEVILBISS JUDSON E 205 COTTONWOOD LN PO BOX 812 PO BOX 5012 ASPEN, CO 81611 ASPEN, CO 81612 ASPEN, CO 81612 DICKINSON SUSAN DIXON DONA J DOMINGOS JULIA GILLIOM & ALLEN 319 FREE SILVER CT 924 VINE ST PO BOX 11452 ASPEN, CO 81611-3222 ASPEN, CO 81611 ASPEN, CO 81612 DOPKIN HARLAN DOWELL RONALD R DOYLE SHARON KAY CAROL DOPKIN REAL ESTATE DOWELL MARSHA S 2815 N NW PO BOX 4696 35 WEST BIGHORN COURT WASHINGTON, DC 20007 ASPEN, CO 81612 SEDONA, AZ 86351 DRISKELL DOUGLAS EARL CAMILLA A & MONTY B EDMONDSON J SCOTT 200 COTTONWOOD LN PO BOX 2929 PO BOX 4486 ASPEN, CO 81611 ASPEN, CO 81612 ASPEN, CO 81612 EMIGH ROBERT A ERICKSON TOM W & CHERYL ERSPAMERJOHN EMIGH PAGTRICIA A 224 TEAL CT 534 SPRUCE ST #1 7877 ANDREWS WAY ASPEN, CO 81611 ASPEN, CO 81611 BOULDER, CO 80303 1~~ AVERY® Address Labels Laser 5160® Smooth Feed Sheets TM Use template for 5160® ESTOCK KIMBERLY A & PETER J ESTRIN MELVYN J ETS-HOKIN ROBERT 522 VINE ST 6508 KENHILL RD 434 VINE ST ASPEN, CO 81611 BETHESDA, MD 20817 ASPEN, CO 81611 FAINSOD NICHOLAS FABER JOHN A FABRIZIO BRUCE P & JUDITH FAINSOD EVA 1401 W PACES FERRY #3401 15922 PACIFIC COAST HWY DANTE 26 BIS - CLOLNIA ANZURES ATLANTA, GA 30327 HUNTINGTON HARBOUR, CA 92649 MEXICO D F, 11590 FELLNER JACK LEE FERRO TESS FIANDACA ALFRED PO BOX 10066 310 FREE SILVER CT PO BOX 7713 ASPEN, CO 8161'2 ASPEN, CO 81611-3221 ASPEN, CO 81612 FINGERMAN SHELDON FIORONI CYNTHIA L & PETER K FLAMER JOSEPH PO BOX 8692 10 AJAX LN PO BOX 1857 ASPEN, CO 81612 ASPEN, CO 81611 ASPEN, CO 81612 FLETCHER PAUL FONTANA WILLIAM FORDE CANDICE MARIE FLETCHER JANET PO BOX 3313 210 COTTONWOOD LN 473 WEST END AVE ASPEN, CO 81612 ASPEN, CO 81611 NEW YORK, NY 10024 FOX FAMILY TRUST FORSEILLE JULIA S FRANK BARBARA FOX CHARLES H - C/O 315 TEAL CT PO BOX 11126 1965 NAUTILUS ST ASPEN, CO 81611 ASPEN, CO 81612 LA JOLLA, CA 92037 FRANKEL MARIETTA C FRANZE LUCAS FREDERICK FAMILY TRUST 280 EL PUEBLO WY PO BOX 2633 405 DUARTE LN PALM BEACH, FL 33480 ASPEN, CO 81612 , LADY LAKE, FL 32159 FRIEDLANDER VIVIAN REVOCABLE FREI MURIEL FRIEDMAN DANIEL S TRUST PO BOX 2171 1328 VINE ST FRIEDLANDER VIVIAN TRUSTEE ASPEN, CO 81612 ASPEN, CO 81611 527 VINE ST ASPEN, CO 81611 FRIEDMAN HAROLD & SANDRA FULLER SANDRA GALICINAO VIRGINIA 19513 PLANTERS POINT DR 422 FREE SILVER CT 219 COTTONWOOD LANE BOCA RATON, FL 33434 ASPEN, CO 81611 ASPEN, CO 81611 GANCSOS JOHN MARTIN GALLUCCIO VINCENT GEIST SUSAN L ANDERSON MARILYN PO BOX 8065 PO BOX 8431 223 TEAL CT ASPEN, CO 81612 ASPEN, CO 81612 ASPEN, CO 81611-3262 ~AVERY® Address Labels Laser 5160® Smooth Feed SheetsTM Use template for 5160® GENDELS JOEL M GIBBONS COLLEEN GILLETTE INGEBORG A TRUST 1/2 INT 340 W 57TH ST SIE 10P 1327 VINE ST 945 GREEN ST #2 NEW YORK, NY 10019 ASPEN, CO 81611 SAN FRANCISCO, CA 94133 GOMES PEPPER JAMES EDWARD & GOKEY REED GOLDMAN SANDRA M SUSAN R 327 TEAL CT PO BOX 11526 732 VINE ST ASPEN, CO 81611-3256 ASPEN, CO 81612 ASPEN, CO 81611-1595 GREENWALD ALAN GONZALES STEVE GREENE ANTHONY F PINE BROOK TIRE CO 105 MAPLE LN , 50 HAZEL AVE 295 CHANGEBRIDGE RD ASPEN, CO 81611 HIGHLAND PARK, IL 60035-3307 PINE BROOK, NJ 07058 GRIFFITH ANGELINE M GREENWOOD GRETCHEN GRIFFITH PROPERTY LLC C/O LARRY R GRIFFITH 520 WALNUT ST 709 N SPRUCE ST 13322 TIERRA OAKS DRIVE ASPEN, CO 81611 ASPEN, CO 81611 REDDING, CO 96003 GRINSTEAD LAURA L GUENTHER OSKAR TRUSTEE HABBERSTAD PAUL HULEY MARC J GUENTHER OSI<AR TRUST PO BOX 8091 317 TEAL CT 1038 OAK HILLS CIR ASPEN, CO 81612 ASPEN, CO 81611 ASHLAND, OH 44805 HAGOPIAN CONSTANCE E TRUSTEE HAGEN CHRISTINE HAGOPIAN SANDY 52% 48% PO BOX 9313 137 WILLIAMS RANCH DR C/O DAVID A NEARON ASPEN, CO 81612 ASPEN, CO 81611-1584 1212 ROSSMOOR PKWY WALNUT CREEK, CA 94565 HAILEY JOHN T HAMOUZ JAMES B & KERRI L HANAH CHERYL M 100 ROBINSON RD P O BOX 10203 313 FREE SILVER CT ASPEN, CO 81611 ASPEN, CO 81612 ASPEN, CO 81612 HANSON CHRISTIAN SOREN HARRIS DAVID G & MARGARET ANN HARRISON RUTH REV TRUST 423 TEAL CT 533 SPRUCE ST PO BOX 2704 ASPEN, CO 81611-1566 ASPEN, CO 81611 ASPEN, CO 81612 HARRISON WILLIAM E & CANDACE S HAUENSTEIN WARD & ELIZABETH HAUER MINEKO 1041 VINE STG 535 SPRUCE ST 202 COTTONWOOD LN ASPEN, CO 81611-3271 ASPEN, CO 81611 ASPEN, CO 81611 HECKER ROSE ROSENFIELD AND HAYDEN PATRICIA HEEDUM SHARON D ROSENFIELD ANITA 6356 FORESTER DR 210 SAINT PAUL ST STE 215 250 RAINTRAIL ROAD HUNTINGTON BEACH, CA 92648 DENVER, CO 80206-5100 SEDONA, AZ 86351 ¥f~ AVERY® Address Labels Laser 5160® Smooth Feed SheetsTM Use template for 5160® HELLER PEGGY JO HENNING BARBARA D HEWINS SAMUEL D 38817 LOBELIA CIR 17377 HIGHWAY 82 424 FREE SILVER CT PALM DESERT, CA 92211 CARBONDALE, CO 81623-9568 ASPEN, CO 81611 HICKS SCOTT ANDREW HILL RODNEY S & SUSAN K HOCH DAVID J PO BOX 374 117 FREE SILVER CT 311 OAK LN ASPEN, CO 81612 ASPEN, CO 81611 ASPEN, CO 81611 HOFFMAN E MICHAEL & SHARON LIST HOFFMAN KAYLA B HOLDERBACH URSULA 80 WILLIAMS RANCH DR PO BOX 413 4 HORIZON RD STE 1220 ASPEN, CO 81611 ASPEN, CO 81612 FORT LEE, NJ 07024 HOLLOWAY JUSTIN & DOCIMO HOLGATE HOWARD B HOLSONBACK JOHN K & HILDE G 1/2 INT CHRISTINA 114 FREE SILVER CT 945 GREEN ST #2 PO BOX 1185 ASPEN, CO 81611 SAN FRANCISCO, CA 94133 ASPEN, CO 81612 HOLZER HANS U HOPKINS TRACY A HORN ERIC PO BOX 11928 400 SILVERLODE DR 124 FREE SILVER CT UNIT A-206 ASPEN, CO 81612 ASPEN, CO 81611 ASPEN, CO 81611 HUNTER CREEK 1045 PARTNERSHIP HORN MICHAEL A HOROWITZ MARTHA MEAGHER A MINNESOTA GENERAL PARTNERSHIP P O BOX 10973 115 WILLIAMS RANCH DR 4428 YORK AVE SOUTH ASPEN, CO 81612 ASPEN, CO 81611 MINNEAPOLIS, MN 55410 HUNTER CREEK COMMONS CORP INC HUNTER CREEK LLC HUNTER CREEK VENTURE 1400 VINE ST 2120 N SEDGWICK 111 WHIPPOORWILL WAY ASPEN, CO 81611 CHICAGO, IL 60614 GEORGETOWN, TX 78628 HUNTTING STANLEY R & MARGARET A HYDE ARTHUR C JR ILICH MARK PO BOX 505 PO BOX T 1132 VINE ST ALLENSPARK, CO 80510-0505 ASPEN, CO 81612 ASPEN, CO 81611 JACKSON LAND COMPANY JACKSON ERNA D REVOCABLE TRUST JACOBI JEANNE S ILLINOIS CORPORATION 5700 VULCAN VISTA DR NE PO BOX 4834 150 SOUTH WACKER DR #950 ALBUQUERQUE, NM 87111 ASPEN, CO 81612 CHICAGO, IL 60606 JACOBS JIM JASICKI BRADLEY J JENNINGS RICHARD M 215 COTTONWOOD LN PO BOX 7742 1004 VINE ST ASPEN, CO 81611 ASPEN, CO 81612 ASPEN, CO 81611 ~ AVERY® Address Labels 1 3€er € 1/9® Sinooth Feed SheetsTM Use template for 5160® JOHNS DYLAN MAXWELL JOHNSON DANNINE J JOHNSON TAMAR PO BOX 2493 PO BOX 11273 410 FREE SILVER CT D101 ASPEN, CO 81612 ASPEN, CO 81612 ASPEN, CO 81611 JOHNSON WILLIAM E JOSEPH MARK C & AGNETE JUNG DENNIS PAUL & LISA KANE PO BOX 1285 100 WILLIAMS RANCH DR PO BOX 8351 ASPEN, CO 81612 ASPEN, CO 81611 ASPEN, CO 81612 KAPLAN ROBIN KALINNA KURT M KATRYNIOK MARIOLA 5 RUE PORTE DE FOURQUEUX 512 VINE ST PO BOX 11841 78112 FOURQUEUX ASPEN, CO 81611 ASPEN, CO 81612 FRANCE, KAUFMAN STEPHEN M TRUST KEERY SEAN & LESLIE M KELLY CHARLES M 3 RIVERWAY STE 1350 20 AJAX LN 00208 COTTONWOOD LN HOUSTON, TX 77056 ASPEN, CO 81611 ASPEN, CO 81611 KELLY GARY P KENNAMER SANDRA KENNEDY JOHN M PO BOX 12356 PO BOX 11947 215 FREESILVER CT ASPEN, CO 81612 ASPEN, CO 81612 ASPEN, CO 81611 KERSHAW ROBERT B KERR MICHAEL KRIS LIVING TRUST KILLIAN LINDA H WARD JOHN THOMAS 1006 LAUREN LN 328 TEAL CT 113 W MONUMENT ST BASALT, CO 81621 ASPEN, CO 81611 BALTIMORE, MD 21201 KIMBALL TRACY KING WANDA JO KINKEAD T W PO BOX 4295 824 VINE ST 670 N TOMOHAWK TR ASPEN, CO 81612 ASPEN, CO 81611 VERO BEACH, FL 32963-3942 KINNEY MAUREEN MARY KIRKWOOD DEBORA J KIRKWOOD JUNE & CYNTHIA TRUSTEES 2 WILLIAMS WAY PO BOX 10552 318 OAK LN ASPEN, CO 81611-3202 ASPEN, CO 81612 ASPEN, CO 81611 KISKER ELLEN H KISSEL NEAL H KLONOWSKI JOHN A 1211 VINE ST C/O MARAKON 1-3 STRAND 420 FREE SILVER CT #D201 ASPEN, CO 81611 LONDON ENGLAND, 2N5HP ASPEN, CO 81611 KLUG CHRISTOPHER J KNIGHT DANA ERIC KOCIELA DANIEL A 911 VINE ST 627 RIO GRANDE PL 421 TEAL CT #Q205 ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81611 ~AVERY® Address Labels Laser 5160® Smooth Feed SheetsTM Use template for 5160® KOWAR JOSEPH ALBERT KOWAR HEIDI MARIE KRAHE CATHLEEN M TRUST 133 VINE ST 225 VINE ST PO BOX 11426 ASPEN, CO 81611-1549 ASPEN, CO 81611 ASPEN, CO 81612 KULZER DENNIS KURIHANA MIDORI LAGESCHULTE KURT G 320 FREE SILVER CT 310 RIVERSIDE DR APT 817 627 VINE ST ASPEN, CO 81611 NEW YORK. NY 10025-4123 ASPEN, CO 81611-3267 LAI RICHARD TSENG-YU AND LAING SALLY LAMBERT ROBERT & NANCY LAI BARBARA ELLEN 415 FREE SILVER CT 12 AJAX AVE 5731 E VOLTAIRE ASPEN, CO 81611 ASPEN, CO 81611 SCOTTSDALE, AZ 85254 LANGLEY WILLIAM LAMM ROBIN LANDIS BILL & MINDY 104 HIGH PLACES QUARRY HILL RD 311 FREE SILVER COURT 45 NARROW WAY CAPE TOWN ASPEN, CO 81611 ASPEN, CO 81611-1064 SOUTH AFRICA, 8001 LARSON KENNETH R LASALLE MARGARET A LAURISKI STANLEY E & ROSE M 1316 VINE ST 422 TEAL CT PO BOX 803 ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81612 LEBACH DOROTHY LAWRENCE TERRY & DEANNA M LAWRENCE THEODORE W 50% LEBACH JOAN C PO BOX 942 314 OAK LN 23 CLAFLIN RD #3 PINE VALLEY, CA 91962 ASPEN, CO 81611 BROOKLINE, MA 2445-4402 LEBBY NICK LEBACH DOROTHY 50% & JOAN 50% LEDINGHAM LARRY C/O LA COCINA INC 1322 VINE ST 219 COTTONWOOD LANE PO BOX 4010 ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81612 LEE JOSEPH B 111 LEONARD LINDA 1/2 LEONARD LINDA SCHIERSE LEE BRENDA R 12213 206TH PLACE SE 1048 VINE ST 131 HOLLY LN ISSAQUAH, WA 98027-8533 ASPEN, CO 81611 GRENANDA, MS 38901 LEWIS ASPEN CONDOMINIUM LLC LESTER GEOFFREY LEVERSON JANET V C/O DANID DE LA VEGA PO BOX 3704 221 TEAL CT 4649 PONCE DE LEON BLVD STE #304 ASPEN, CO 81612 ASPEN, CO 81611 MIAMI, FL 33146-2118 LI MEI YING LINDENAU BEYRON R & SCOTT A LOCARRO ROBERT 0716 VINE ST 320 OAK LN 211 COTTONWOOD LN ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81611 ~~ AVERY® Address Labels Laser 5160® Smooth Feed SheetsTM Use template for 5160® LOCK DENISE E LOUTHIS EZRA LOUTHIS PATRICIA ANN 125 VINE ST 113 FREE SILVER CT PO BOX 48 ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81612 LUNDY KARON LUSK URSULA G LUTGRING TAZ MARIE PO BOX 3804 5050 WOODWAY 3J 219 TEAL CT ASPEN, CO 81612 HOUSTON, TX 77056 ASPEN, CO 81611-3260 M R PECK CO LUU CAM THU LUU TONY C/O ROGERS 435 E MAIN PO BOX 795 240 E 76TH ST APT 15M ASPEN, CO 81611 ASPEN, CO 81612 NEW YORK, NY 10021 MACBLANE EDWARD J JR MAGGI CHRISTINE C MALCOLM IAN 217 TEAL CT PO BOX 3804 35 QUEENS AVE ASPEN, CO 81611 ASPEN, CO 81612 AVALON NS WALES AUSTRALIA, 2107 MALONEY JOHN V MALCOLM IAN MANDT JULIE K MALONEY ANNE J PO BOX 4671 PO BOX 11813 484 SHERIDAN RD ASPEN, CO 81612 ASPEN, CO 81612 GLENCOE, IL 60022 MANIE MICHAEL B MANN CATHERINE A MARKALUNAS LISA PO BOX 11373 736 VINE ST 624 NORTH ST ASPEN, CO 81612 ASPEN, CO 81611 ASPEN, CO 81611 MARKLE CATHERINE E MARQUIS JANET L MARTINSON FREDERICK K PO BOX 9348 PO BOX 2712 PO BOX 3186 ASPEN, CO 81612 ASPEN, CO 81612 ASPEN, CO 81612 MATTHEWS CHARLES & STEPHANIE MATTHEWS NANCY ANN MCCOY MARY L 1/3 PO BOX 11436 PO BOX 1370 811 VINE ST ASPEN, CO 81612 ASPEN, CO 81612 ASPEN, CO 81611 MCDONAGH THOMAS G MCDONOUGH ROBERT P MCGOVERN JEANNE 340 W 57TH ST STE 10P 812 VINE ST 127 FREESILVER CT NEW YORK, NY 10019 ASPEN, CO 81611 ASPEN, CO 81611 MELDAHL JOHN C MCGUIRE MARY MCWILLIAMS TONI MELDAHL DEBORAH M 37 HOOK ST 319 TEAL CT 2620 HUMBOLDT AVE SOUTH SOUTHBRIDGE, MA 01550 ASPEN, CO 81611-1568 MINNEAPOLIS, MN 55408 re~ AVERY® Address Labels laser 5160® Smooth Feed Sheets TM Use template for 5160® MENDELSON MEL I MEYER FREDERICK H 111 & NANCY C MELVILLE SUSAN MENDELSON ROBERTA L MASON 333 E DURANT AVE 5412 FRANCISCA WAY 625 VINE ST ASPEN, CO 81611 AGOURA HILLS, CA 91301 ASPEN, CO 81611-3267 MILLER LEE L MIRIN BERNARD MOONEY THOMAS 11575 FOLSOM POINT PO BOX 7681 635 VINE ST FRANKTOWN, CO 80116 ASPEN, CO. 81612 3 ASPEN, CO 81611 MOORE THOMAS P & TERRY L MORRELL CONSTANCE G MORRIS ROBERT P 102 RAMA RD PO BOX 5121 600 E HOPKINS AVE STE 304 BEAVER FALLS, PA 15010 ASPEN, CO 81612 ASPEN, CO 81611 MUHICH JOE ESTATE OF MORSE ROBERT J REVOCABLE TRUST MUNVES PALMIRA CRICENTI & ANDREW C/O LARRY R GRIFFITH 1515 WESTWOOD CIR PO BOX 24 13322 TIERRA OAKS DR MUSKEGON, MI 49441-5887 ASPEN, CO 81612 REDDING, CA 96003 MUSSO PAMELA LYONS MURTAGH TERESA E TRUSTEE NAKAGAWA HEITOR H&M ROSARIO MUSSON RICHARD L PO BOX 10304 312 OAK LN 319 LOCUST ST ASPEN, CO 81612 ASPEN, CO 81611 DENVER, CO 80220 NEWELL GEORGE NIX ROBERT F NORMAN JUDY KAY PO BOX 2179 323 VINE ST 314 FREE SILVER CT BOULDER, CO 80306 ASPEN, CO 81611 ASPEN, CO 81611 NORRIS SCOTT J NUGENT KATHRYN M LIVING TRUST NYE KAREN M 424 FREE SILVER CT 501 VIA CASITAS APT 106 PO BOX 4332 ASPEN, CO 81611 GREENBRAE, CA 94904 ASPEN, CO 81612 O DRISCOLL KEVIN OAKES KEN OATES SARAH M PO BOX 9995 204 COTTONWOOD LN 112 FREE SILVER CT ASPEN, CO 81612 ASPEN, CO 81611 ASPEN, CO 81611-3209 OBR WARREN ODELBERG JEANETTE OLSEN DEANNA K 5 RUE PORTE DE FOURQUEUX PO BOX 11841 220 FREE SILVER CT 78112 FOURQUEUX ASPEN, CO 81612 ASPEN, CO 81611 FRANCE, OMEARA MOLLY ONSGARD BRAD ORTIZ MICHAEL 514 VINE ST PO BOX 3908 520 WALNUT ST ASPEN, CO 81611 ASPEN, CO 81612 ASPEN, CO 81611 MAVERY® Address Labels Laser 5160® Smooth Feed SheetsTM Use template for 5160® OSTER JEREMY OTTE GAIL D OWEN KEVIN 242 W 5TH AVE 329 TEAL CT PO BOX 1518 DENVER, CO 80204-5117 ASPEN, CO 81611 ASPEN, CO 81612 PACIFIC DEVELOPMENT GROUP LLC PARIS JOHN H PALMER HELEN C/O CHRISTOPHER HEWETT 2222 SANTA MONICA BLVD PO BOX 1855 PO BOX 2577 STE 301 ASPEN, CO 81612 RANCHO SANTA FE, CA 92067 SANTA MONICA, CA 90404-2307 PARK SUNG YOO & JANG LEE PARKER ALEC J PARKER JAY & JAMA 360 W 36TH ST #7H 120 WILLIAMS RANCH DR 160 WILLIAMS RANCH DR NEW YORK, NY 10018 ASPEN, CO 81611 ASPEN, CO 81611 PARKER-SKORIC JACQUELINE A PASCHAL DAVID C & REBECCA LYNN PASTERNAK CAROL A W/STAHL 50 WILLIAMS RANCH DR 410 TEAL CT 323 TEAL CT ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81611 PEKKALA EVA C PAULSON WILLIAM T PEARCE NANCY PEKKALA ERIC W PO BOX 7693 812 VINE ST PO BOX 936 ASPEN, CO 81612 ASPEN, CO 81611 ASPEN, CO 81612 PERGANDE DON PERKINS TOM PERLOV FRANK A 526 VINE ST PO BOX 1991 2626 E 4TH AVE ASPEN, CO 81611 ASPEN, CO 81612 DENVER, CO 80206 PETROSIUS EDWARD W 11 PHILEN DENNIS E & LAYLA G PHILLIPS JOHN E & LYNN D PO BOX 4199 532 VINE ST 305 OAK LN ASPEN, CO 81612 ASPEN, CO 81611 ASPEN, CO 81611 POGLIANO FELIX JR PINKHAM SYBIL PITKIN COUNTY POGLIANO LENORE L 423 LONG HILL DR 530 E MAIN ST STE 302 1110 BLACK BIRCH DR SHORT HILLS, NJ 07078 ASPEN, CO 81611 ASPEN, CO 81611 POLLOCK KATHERINE W POUTOUS MARCIA POWELL MARY FRANCES 412 FREE SILVER CT 534 SPRUCE ST #1 308 OAK LN ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81611 POWER SMITH STEPHANIE & TIMOTHY PRIMIANI MARC S PRYMAK GLORIA TRUST PO BOX 4608 2029 CENTURY PARK E 408 1530 W 10TH AVE ASPEN, CO bl612 LOS ANGELES, CA 90067 BROOMFIELD, CO 80020 ~AVERY® Address Labels Laser 5160® Smooth Feed SheetsTM Use template for 5160® PUGH SUSAN LYNNE & ROBERT PRZYBYLSKI ALBERT L PURCELL EDWARD T & ANNE CELESTE GERALD P O BOX 1003 312 TEAL CT 5445 E JAMES RD ASPEN, CO 81611 ASPEN, CO 81612-1003 BLOOMINGTON, IN 47408 RANKIN ROBERT E QUIGLEYANN MARIE RACH I LLA KALA M RANKIN JOYCE S - JT TENANTS PO BOX 8194 PO BOX 3184 773 COUNTY RD 112 ASPEN, CO 81612 ASPEN, CO 81612 CARBONDALE, CO 81623-8866 RAPPAPORT MYRON & HELENE RAUCHENBERGER CARL & MERILYN RAUPP MARVIN L PO BOX 8399 1127 S OLD WILKE RD #102 2629 MANHATTAN AV PMB277 ASPEN, CO 81612 ARLINGTON HEIGHTS, IL 60005 HERMOSA BEACH, CA 90254 RAY GAYLE A TRUST RAYMOND KIM READER WILLIAM 9473 PINYON TRL PO BOX 1458 327 FREE SILVER CT LITTLETON, CO 80124 ASPEN, CO 81612 ASPEN, CO 81611 RESTAINO THOMAS AND REPPLINGER WILLIAM M RESTAINO THOMAS BECKER JANICE B 1125 VINE ST 72 ALDER AVE 72 ALDER AVE ASPEN, CO 81611 SAN ANSELMO, CA 94960 SAN ANSELMO, CA 94960 RICHARDS JOHN RICHARDS RACHEL E RICHMOND ILENE 400 E HOPKINS PO BOX 3393 714 N ROXBURY DR ASPEN, CO 81611 ASPEN, CO 81612 BEVERLY HILLS, CA 90210 RIDLING JERRY B & MURIEL M RIGGENBACH JEFFREY RISNES TANYA 1110 STONYBROOK DR PO BOX 3280 PO BOX 7713 NAPA, CA 94558 ASPEN, CO 81612 ASPEN, CO 81612 ROBERT ALAN K ROGERS MARY ELLEN ROSIN RICHARD & DRITA 420 FREE SILVER CT #D201 240 E 76TH ST 28246 FRANKLIN RD ASPEN, CO 81611 N EW YORK, NY 10001 SOUTHFIELD, MI 48034 ROSKIEWICZ IMICHAEL & ANDREA ROSS ROBERT M ROURKE DORA H 538 VINE ST 6550 FANNIN ST STE 2403 22 AJAX AVE ASPEN, CO 81611 HOUSTON, TX 77030-2748 ASPEN, CO 81611 ROUSE SUE RUGGEBERG MICHAEL RUTGERS ANTHONY L & DIANE L PO BOX HM 3085 PO BOX 9313 512 SPRUCE ST HAMILTON BERMUDA, ASPEN, CO 81612 ASPEN, CO 81611 ~ AVERY® Address Labets Laser 5160® Smooth Feed Sheets TM Use template for 5160® SALVADORE TERESA RYAN KYM & PAT SANDERS RICHARD ALLEN ARMSTRONG JOHN B 624 VINE ST 2041 BROOKHIGHLAND RIDGE 129 FREE SILVER CT ASPEN, CO 81611 BIRMINGHAM, AL 35242 ASPEN, CO 81611 SARNO JOHN J JR 2001 REV TRUST SANDVOLD DIANE L SBARBARO JAMES A C/O MARY ANN SARNO TRUSTEE 223 FREE SiLVER CT 329 CARLILE AVE 6 EUSTIS ST ASPEN, CO 81611-3214 PUEBLO, CO 81004 STONEHAM, MA 02180 SCHAEFER TERRY SCHEMBRI JAMES F 1/2 SCHLUNDT SUSAN 117 S SPRING ST STE 101 PO BOX 8866 412 FREE SILVER CT ASPEN, CO 81611-2068 ASPEN, CO 81612 ASPEN, CO 81611 SCHUTTER NANCY SEAMAN ANGELA M SEGOVIA SANTOS S 380 SILVERLODE DR#B14 PO BOX 10363 210 FREE SILVER CT ASPEN, CO 81611-2542 ASPEN, CO 81612 ASPEN, CO 81611 SHANDLING MICHAEL A & ANTOINETTE SELLARS KAREN E SEUBERT KAREN A A 1051 OLDE TOWNE LANE 738 VINE ST 401 E HYMAN AVE WOODSTOCK, CA 30189 ASPEN, CO 81611 ASPEN, CO 81611-2903 SHAPIRO HOWARD LEE & JOYCE E SHEEHAN JOHN L SHERIDAN DANIEL P & LANI A 836 VINE ST 115 FRONT ST PO BOX 8953 ASPEN, CO 81611 MARBLEHEAD, MA 01945-3545 ASPEN, CO 81612 SHIFRIN CAROLINE SHERMAN YONEKO SUZUKI SHOAF JEFFREY S NKA NIENSTEDT CAROLINE 1001 VINE ST PO BOX 3123 947 VINE ST ASPEN, CO 81011 . ASPEN, CO 81612 ASPEN, CO 81611 SHOSTAC DAVID SILVER JEROME D SHORE JILL SHOSTAC ALEXES SILVER STEPHANIE PO BOX 8673 2509 AIKEN AVE 6835 FOX LN DR S ASPEN, CO 81612 LOS ANGELES, CA 90052 INDIANAPOLIS, IN 46278-1223 SILVERMAN KAREN E SKADRON STEVEN J SKARVAN ERIK PO BOX 2615 1022 VINE ST 312 TEAL CT ASPEN, CO 81612 ASPEN, CO 81611-3272 ASPEN, CO 81611 SLEDGE EARL INC SLIPAKOFF LINC A SMALL ROBERT A CALIFORNIA CORPORATION 1338 VINE ST 127 FREE SILVER CT 32735 SEAGATE DR UNIT C ASPEN, CO 81611 ASPEN, CO 81611 RCH PALOS VRD, CA 90275 ~AVERY® Address Labels Laser 5160® Smooth Feed SheetsTM Use template for 5160® SMART JEFFREY & KAREN E SMIDDY COLIN 1/2 SMITH ALISON H & CHARLES W PO BOX 10651 PO BOX 8866 226 TEAL CT ASPEN, CO 81612 ASPEN, CO 81612 ASPEN, CO 81611 SMITH BETH A SMITH JAMES F&N LINDSAY SMITH NANCY ROSS PO BOX 1758 6542 WESTCHESTER 315 J WILLRICH CIR ASPEN, CO 81612 HOUSTON,.TX 77005 FOREST HILL, MD 21050 SMUGGLER RACQUET CLUB SPECK KARIN C SPEER CHRISTINE C/O SUE COOK PO BOX 9912 1400 VINE ST PO BOX 8788 ASPEN, CO 81611-3292 ASPEN, CO 81612 ASPEN, CO 81612 SPIEKERMANN MICHAEL SPIROFF JEFF STAHL DAVID K W/PASTERNAK 558 30TH ST 166 BEAVER LN 323 TEAL CT MANHATTAN BEACH, CA 90266 REDSTONE, CO 81623 ASPEN, CO 81611 STALLONE ROBERTA STANLEY NANCY C STEIN SYLVIA B 1049 VINE ST 8918 BURTON WY #4 432 SETTLEMENT LANE ASPEN, CO 81611 BEVERLY HILLS, CA 90211 CARBONDALE, CO 81623 STEPHENSON TERRY ANN STITT KENDRA LEIGH IRREV TRUST STOVER ANNE GRAYSON 633 VINE ST 1450 SILVER KING DR PO BOX 8412 ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81612 SUBOTKY JULIE E STRONACH CAROLYNDA C 50% STURGIS MARGARET A C/O CONSIDER IT DONE 314 OAK LN 731 VINE ST 55 W 14TH ST #15L ASPEN, CO 81611 ASPEN, CO 81611 NEW YORK, NY 10011 SYNERGY UNA INC TANG SAM TANGUAY MICHAEL L 0570 SPRUCE ST PO BOX 3682 1128 VINE ST ASPEN, CO 81611 ASPEN, CO 81612 ASPEN, CO 81611 TANGUAY MICHAEL L TASSE JEFF TIDWELL JOAN 319 AABC #G 37 HOOK ST 734 VINE ST ASPEN, CO 81011-3516 SOUTHBRIDGE, MA 01550 ASPEN, CO 81611 TOBEL KEVIN W & MARY LYNN TOLAND RAY TOMASZCZYK CHET 28610 SUMM! r CT PO BOX 10478 420 SILVERLODE DR NOVI, MI 48375 ASPEN, CO 81612 ASPEN, CO 81611 ~~ AVERY® Address Labels Laser 5160® Smooth Feed SheetsTM Use template for 5160® TORNARE RENE TOWNSEND R JAMES TRAN DANNY 308 W HOPKINS AVE PO BOX 8145 0716 VINE ST ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81611 TRAN HONG 11UONG TROOST ALBERT TUITE WILLIAM E 814 W BLEEKER ST #Cl PO BOX 4894 212 COTTONWOOD LN ASPEN, CO 81611 ASPEN, CQ 81612 ASPEN, CO 81611 TULLMAN DEBORAH TYLER KATHERINE L UKRAINE JOHN M & LINDA 623 VINE ST PO BOX 3184 PO BOX 10032 ASPEN, CO 81611 ASPEN, CO 81612 ASPEN, CO 81612 USHIDA RHODA 1/2 INT UNTERNAHRER JACQUELINE A VAIL ROBERT ESTRELLA ROGER M & JULIA K 1/2 INT PO BOX 638 307 OAK LN 2334 JEFFERSON AVE ASPEN, CO 81612 ASPEN, CO 81611 BERKELEY, CA 94703 VALLEY ORTHOPAEDIC ASSOCIATES VANHOY DONNA & JERRY VENNERWILLIAM H A COLORADO GENERAL PARTNERSHIP 323 OAK LN 300 PUPPY SMITH ST #257 1450 E VALLEY RD #201 ASPEN, CO 81611 ASPEN, CO 81611 BASALT, CO 81621 VERNIER WILLIAM J VETROMILE RICHARD & VIDAMOUR SHELLI & STEVEN VERNIER GLADYS M VETROMILE DENISE BENHAM PO BOX 11292 2040 DAVIS ST 310 OAK LN ASPEN, CO 81612 WYANDOTTE, MI 48192-3537 ASPEN, CO 81611 VILIS PASTS WALDROP L MEL WALLACH ANNE M & KARL E 30 WILLETT POND DR 209 COTTONWOOD LN 5190 UPPER CATTLE CREEK RD WESTWOOD, MA 02090 ASPEN, CO 81611 CARBONDALE, CO 81623 WALLACH HOWARD B AND BETTY S WALPOLE JOANNE WAMPLER MIKE & SANDY 2229 TROY AVE 631 VINE ST 465 N MILL ST STE 19 BROOKLYN, NY 11234 ASPEN, CO 81611 ASPEN, CO 81611-1588 WARD JOHN E & CAROL S WARLOP ELIZABETH F WASHBURN LYNN STAN 22992 SIERRA DR PO BOX 11243 414 TEAL CT TWAIN HANTE, CA 95383-9519 ASPEN, CO 81612 ASPEN, CO 81611 WASTVEDT SUZANNE & MICHAEL WEIL JONAS WEISS DAVID S PO BOX 9976 PO BOX 7963 PO BOX 11911 ASPEN, CO 81612 ASPEN, CO 81612 ASPEN, CO 81612 ~ AVERY® Address Labels Laser 5160® Smooth Feed SheetsTM Use template for 5160® WEISS RONALD K & JODI L WENDLING NAN JEAN WENZEL KAREN M 3000 TOWN CENTER STE 540 1335 VINE ST 1125 VINE ST SOUTHFIELD, MIl 48075 ASPEN, CO 81611-3378 ASPEN, CO 81611 WHEELER PATRICIA A WERTZ JEFFREY LARKIN & LIMOR Z WHIPPLE RALPH U & LYNNE C WHEELER KEITH A AS JT TENANTS PO BOX 3865 855 GIBSON AVE PO BOX 3513 ASPEN, CO 81612 ASPEN, CO 81611 ASPEN, CO ·81612 WHITNEY PATRICIA A WIENER WILLIAM B JR WILLARD CHARLES LAWSON IV 1030 VINE ST 333 TEXAS STE 2375 238 PRESIDIO AVE ASPEN,CO 8-1611 SHREVEPORT, LA 71101 SAN FRANCISCO, CA 94115 WILLIAMS RANCH HOMEOWNERS WILLIAMS DONALD R & NANCY WIMBERLY THOMAS FELTON 111 ASSOCIATION 365 LARIMORE VALLEY DR 9325 STEAMBOAT ISL RD NW C/O KIM POPISH WILDWOOD, MO 63005 OLYMPIA, WA 98502 220 SILVERLODE DR ASPEN, CO 81611 WINGERS JIM WOLFF SUZANNE L WOLOSHIN MELVYN A & ROBERTA S PO BOX 1530 PO BOX 1686 PO BOX 7107 ASPEN, CO 81612 ASPEN, CO 81612 WILMINGTON, DE 19803-0107 WRIGHT & PRUESCH MINING LTD WONG MARGARET S-K WOOLLEY SUSAN C WRIGHT GARY -C/O 835 VINE ST PO BOX 755 201 N MILL ST ASPE[4, CO 81611-3269 ASPEN, CO 81612 ASPEN, CO 81611 ZAUNER HEINZ ZACHARY MARC ZAPPIA JOSEPH C/O BARBARA ELAIS PO BOX 4494 517 VINE ST 0451 STAGECOACH LN ASPEN, CO 81611 ASPEN, CO 81611 CARBONDALE, CO 81623 ZUEHLKE WILLIAM M ZUPANCIS ROBERT L PO BOX 806 PO BOX 11481 ASPEN, CO 81612 ASPEN, CO 81612 ~AVERY® Address Labels Laser 5160® ATTACHMENT 7 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: \0 o \,-w*-c zltuAN. C-ou *-t , Aspen, CO SCHEDULED PUBLIC HEARING DATE: gece -4 ~ € , 2003 STATE OF COLORADO ) County of Pitkin ) I, Acern~ 0--~CL~+ (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 (IE) 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 o f notice, which form was obtained from the Community Development Department, which was made of suitable, waterproof materials, which was not less than twenty-two (22) inches wide and twenty-six (26) inches high, and which was composed of letters not less than one inch in height, Said notice was posted at least fifteen ~5) days prior to the public hearing and was continuously visible from the 2 day of RE)00,-Wx , 2001-, 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 \l Development Department, which contains the information described in Section 26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to the public hearing, notice was hand delivered or mailed by first class postage prepaid U. S. mail to any federal agency, state, county, municipal 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 ofproperty owners shall be those on the current tax records ofPitkin 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) 1 .· i , PUBLIC NOTICE 3 DATE (03 TIME an PLACE - GALE.ir i PURPOSE N 4 4 LER MQULLUMiI.IC.. 28.DAaL£ BCUSiMD.--- . ft i - :< 22 1<3 222 62 · -1 -- 744 E-9 5.- 0.(. -p , €tt L c -lii"91•.24 , v -1. 04 -t S L %9 *4 ' c Wi £ 7- · ' "k- -'>€ " 10.2. 9 .. 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 ofthis 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 ofthe 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. Signature The furegoing "Affidavit of Notice" was acknowledge~ before me this 34 day of Alle Re.1/11 tu-1 , 200_* by A h M ki 0 /1111 a fL WITNESS MY HAND AND OFFICIAL SEAL ~ 2~/ ANN G. ~ My commission qppires: ) 3 1 \4/act>q 1~ .~ KEENEY ,,O (, ( It. /Ch , Q# Notary Public / . 'CAP -6-1-0.~ 1 < 42222ki:5P ATTAOIMENTS: COPY OF THE PUBLICATION PHOTOGRAPH OF THE POSTED NOTICE (SIGN) LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED BY MAIL 4 - ~ /2. PM - - 1-% Le \7 U ef. A vi'v 53~ C -il . .„ COve:opment Department u. Galona Street *spen, Colorado 81611 BELLINGER BAYARD PO BOX 1857 ASPEN, CO 81612 RECEIVED NOV 2 5 2003 - *L i J KN ,~ 1 - ASPEN TO €ENDE-3/ BUILDING DFAARTMEN1 - ~12-<- ATTEMPTED - -r . 1-9 i .lER 1//,1,1,/.111/,l/,1i1,11il1/1i1/lii/11/1/i1 --8*€14€18!57 Illil,1//11,1 11,1 PUBLIC NOTICE RE: CENTENNIAL PUD AMENDMENT, SUBDIVISION, GMQS EXEMPTION TO DEVELOP AFFORDABLE HOUSING, AND REZONING. NOTICE IS HEREBY GIVEN that a public hearing will be held on December 8,2003, at a meeting to begin at 5:00 P.M. before the Aspen City Council, Council Chambers, City Hall, 130 S Galena St., Aspen, to consider an application submitted by Centennial Aspen II Limited Partnership requesting approval of a PUD amendment and a GMQS exemption for affordable housing to allow for the model unit that was approved to be constructed within Building H of the Centennial Rental PUD to be converted to a deed restricted affordable housing unit. Additionally, the application requests subdivision approval to parcel off the area of the existing playground that exists adjacent to Building H so that it could be improved and dedicated to the City of Aspen as a public park. The application also requests to rezone the property under the proposed playground to the Park Zone District to accommodate the public park use. The property subject to the proposed requests is legally described as Lot 3 of the Centennial Condominium Subdivision and Condominium Plat. For further information contact James Lindt at the City of Aspen Community Development Department, 130 South Gatena St., Aspen, CO (970) 920- 5095. jamest@ci.aspen.co.us s/Helen Kalin Klanderud, Mayor Aspen City Council Published in the Aspen Times on November 22,2003 City of Aspen Account - "9 811¥,-65 . I.=-i~ it --- - -ret- - NOT DELIVEN**95;~ - r-70 kNOE' ~ ~ Community Development Department A WIi. AS ADDRESSED, UNABLE TO FOR.AD 130 S. Galena Street Aspen, Colorado 81611 CHRIST NIKOLAUS 11678 E BERRY DR ENGLEWOOD, CO 80111-4146 RECEIVED NOV 9 9 78: 1 Aor'ti~ BUILDING DEARTMEN1 Bai E-i31*5.02 illillitiililiti,!illiti|ili||ii i„,il'lill„,jil,lillitllitili„ilill!111,11!1 PUBLIC NOTICE RE: CENTENNIAL PUD AMENDMENT, SUBDIVISION, GMQS EXEMPTION TO DEVELOP AFFORDABLE HOUSING, AND REZONING. NOTICE IS HEREBY GIVEN that a public hearing will be held on December 8,2003, at a meeting to begin at 5:00 P.M. before the Aspen City Council, Council Chambers, City Hall, 130 S. Gatena St., Aspen, to consider an application submitted by Centennial Aspen II Limited Partnership requesting approval of a PUD amendment and a GMQS exemption for affordable housing to allow for the model unit that was approved to be constructed within Building H of the Centennial Rental PUD to be converted to a deed restricted affordable housing unit. Additionally, the application requests subdivision approval to parcel off the area of the existing playground that exists adjacent to Building H so that it could be improved and dedicated to the City of Aspen as a public park. The application also requests to rezone the property under the proposed playground to the Park Zone District to accommodate the public park use. The property subject to the proposed requests is legally described as Lot 3 of the Centennial Condominium Subdivision and Condominium Plat. For further information contact James Lindt at the City of Aspen Community Development Department, 130 South Galena St., Aspen, CO (970) 920- 5095. jamesl@ci.aspen.co.us s/Helen Kalin Klanderud, Mayor Aspen City Council Published in the Aspen Times on November 22,2003 City of Aspen Account I I - ' : 4 -» 1,1,1,;7:>.. ........--- .4- 9 li> ..t\ .-....9...-Ii.*#.- 0 PM go, col -0 ------/mogi#---* --- ,/ ------ a 11 .'.73 4, ---I -- ommuritv Deve;opment Department 130 S. Galena Street Aspen, Colorado 81611 f BUTLER STEPHANIE ~526 \/11~ ST \*20, CO 81611 BUT-L.526 816112004 1702 04 11/25/03 FORWARD -rIME EXP RTN TO SEND BUTLER ' STEPMANIE 526 VINE ST A5PEN CO 81611-1593 RETURN TO SENDER 816ii./1502 ilillili,lit|| 111/, ll,,ll,',/llil,1/1,,l',llli,jji/li,,j,,lll II ffi. 1.30 NOw 2 0 200] ASPEN BUILDING DEPARTMENT PUBLIC NOTICE RE: CENTENNIAL PUD AMENDMENT, SUBDIVISION, GMQS EXEMPTION TO DEVELOP AFFORDABLE HOUSING, AND REZONING. NOTICE IS HEREBY GIVEN that a public hearing will be held on December 8,2003, at a meeting to begin at 5:00 P.M. before the Aspen City Council, Council Chambers, City Hall, 130 S. Galena St., Aspen, to consider an application submitted by Centennial Aspen II Limited Partnership requesting approval of a PUD amendment and a GMQS exemption for affordable housing to allow for the model unit that was approved to be constructed within Building H of the Centennial Rental PUD to be converted to a deed restricted affordable housing unit. Additionally, the application requests subdivision approval to parcel off the area of the existing playground that exists adjacent to Building H so that it could be improved and dedicated to the City of Aspen as a public park. The application also requests to rezone the property under the proposed playground to the Park Zone District to accommodate the public park use. The property subject to the proposed requests is legally described as Lot 3 of the Centennial Condominium Subdivision and Condominium Plat. For further information contact James Lindt at the City of Aspen Community Development Department, 130 South Galena St., Aspen, CO (970) 920- 5095. jamesl@ci.aspen.co.us s/Helen Kalin Klanderud, Mayor Aspen City Council Published in the Aspen Times on November 22,2003 City of Aspen Account t ·· C: m. .7- 1 - 6. 2 ~ ..,4-1-7 '- DU 00fINTIURity Dovebpment Department SU-9 D ' .1 9,1 --- $t~.... I.ORE-15 19 SAG,Ectia Street - riza.Ii'YEI9-- M /1- Pl",1 '4 -I.E.-. I. - ASP<.0, 4.,0,('mob 81611 ,*21,7~7 -0 - -I---L-I 9 ( HICKS SCOTT ANDREW \ PO,BOX 374 -ASPEN, CO 81612 HICK.374 810122003 1602 05 11/2S/03 FORWARD TIME EXP RTN TO SEND HICKS 2 WILL IA!·15 WAY ASPEN CO 81611-3202 RETURN TO SENDER ai 6 i i .··'~ i/BC*16 12}10374 11„1,„,11,11„i,•li„,11„illl,inli„ „,i,1„11,11„,1„1,1 PUBLIC NOTICE RE: CENTENNIAL PUD AMENDMENT, SUBDIVISION, GMQS EXEMPTION TO DEVELOP AFFORDABLE HOUSING, AND REZONING. NOTICE IS HEREBY GIVEN that a public hearing will be held on December 8,2003, at a meeting to begin at 5.00 P.M. before the Aspen City Council, Council Chambers, City Hall, 130 S. Galena St., Aspen, to consider an application submitted by Centennial Aspen II Limited Partnership requesting approval of a PUD amendment and a GMQS exemption for affordable housing to allow for the model unit that was approved to be constructed within Building H of the Centennial Rental PUD to be converted to a deed restricted affordable housing unit. Additionally, the application requests subdivision approval to parcel off the area of the existing playground that exists adjacent to Building H so that it could be improved and dedicated to the City of Aspen as a public park. The application also requests to rezone the property under the proposed playground to the Park Zone District to accommodate the public park use. The property subject to the proposed requests is legally described as Lot 3 of the Centennial Condominium Subdivision and Condominium Plat. For further information contact James Lindt at the City of Aspen Community Development Department, 130 South Gatena 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 November 22,2003 City of Aspen Account - -2-*-0... 4* n " bl immunky Development Department .E---.=-Ue.-5. I I - 130 S. Gale·na Street -: b - aspen, Colorado 81611 6 29,1.3, ... Con» ft e bu c N to Le Ad CA c K BECKER DANIEL A 617 E COOPER ASPEN, CO 81611 ' 11 2 ' ' £, , j '7, l''jed 4</ 14 , :1 11'111111 It ,1 1 1,);iii r C' C, {71, 4e,e *4*k PECE?VEL Fny 9 0 701.9 AbPEN BUILDING DEPARTMENT PUBLIC NOTICE RE: CENTENNIAL PUD AMENDMENT, SUBDIVISION, GMQS EXEMPTION TO DEVELOP AFFORDABLE HOUSING, AND REZONING. NOTICE IS HEREBY GIVEN that a public hearing will be held on December 8,2003, at a meeting to begin at 5:00 P.M. before the Aspen City Council, Council Chambers, City Hall, 130 S. Galena St., Aspen, to consider an application submitted by Centennial Aspen II Limited Partnership requesting approval of a PUD amendment and a GMQS exemption for affordable housing to allow for the model unit that was approved to be constructed within Building H of the Centennial Rental PUD to be converted to a deed restricted affordable housing unit. Additionally, the application requests subdivision approval to parcel off the area of the existing playground that exists adjacent to Building H so that it could be improved and dedicated to the City of Aspen as a public park. The application also requests to rezone the property under the proposed playground to the Park Zone District to accommodate the public park use. The property subject to the proposed requests is legally described as Lot 3 of the Centennial Condominium Subdivision and Condominium Plat. For further information contact James Lindt at the City of Aspen Community Development Department, 130 South 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 November 22,2003 City of Aspen Account fi PM Z t --- Fr ,# /4 O-- -runity Development Department \-248 j - --- 1. 130 S. Galena Street Aspen, Colorado 81611 CUNNINGHAM ROBERTA J PO BOX 9211 ASPEN, CO 81612 CUNN211 816122004 1903 05 11 /22/03 RETURN TO SENDER CUNNINGHAM BOX CL.OSED UNABLE TO FORWARD RETURN TO SENDER aieii./igatEi2%92ii /l;/l//,,/liil 1,„111,1,111,1 Illtilfililifilt#„111#li!,Al!~il PUBLIC NOTICE ./ 4-1, RE: CENTENNIAL PUD AMENDMENT, SUBDIVISION, GMQS EXEMPTION 1 ?rek TO DEVELOP AFFORDABLE HOUSING, AND REZONING. 219 16 100. I 9 025 NOTICE IS HEREBY GIVEN that a public hearing will be held on December 8,9003, at a meeting to begin at 5:00 P.M. before the Aspen City Council, Council Chambers, City Hall, 130 S. Galena St., Aspen, to consider an application submitted by Centennial Aspen II Limited Partnership requesting approval of a PUD amendment and a GMQS exemption for affordable housing to allow for the model unit that was approved to be constructed within Building H of the Centennial Rental PUD to be converted to a deed restricted affordable housing unit. Additionally, the application requests subdivision approval to parcel off the area of the existing playground that exists adjacent to Building H so that it could be improved and dedicated to the City of Aspen as a public park. The application also requests to rezone the property under the proposed playground to the Park Zone District to accommodate the public park use. The property subject to the proposed requests is legally described as Lot 3 of the Centennial Condominium Subdivision and Condominium Plat. For further information contact James Lindt at the City of Aspen Community Development Department, 130 South Galena St., Aspen, CO (970) 920- 5095. jamesl@ci.aspen.co.us s/Helen Kalin Klanderud, Mayor Aspen City Council Published in the Aspen Times on November 22,2003 City of Aspen Account / C.Crrmurf'/ 221':!cement On·rlment ' \-7 -4 \\ 130 S. €3!-22. Strut koen, Colorado 81611 C .ale- SCHLUNDT SUSAN 412 FREE SILVER CT ASPEN, CO 81611 6 %74 PUBLIC NOTICE 9 Z 1.0 RE: CENTENNIAL PUD AMENDMENT, SUBDIVISION, GMOS EXEM¥~pN: %* TO DEVELOP AFFORDABLE HOUSING, AND REZONING. 4%10 e re, v> 9% fa NOTICE IS HEREBY GIVEN that a public hearing will be held on December 8,12003, at a meeting to begin at 5.00 P.M. before the Aspen City Council, Council Chambers*Jity Hall, 130 S. Gatena St., Aspen, to consider an application submitted by Centennial Aspen II Limited Partnership requesting approval of a PUD amendment and a GMQS exemption for affordable housing to allow for the model unit that was approved to be constructed within Building H of the Centennial Rental PUD to be converted to a deed restricted affordable housing unit. Additionally, the application requests subdivision approval to parcel off the area of the existing playground that exists adjacent to Building H so that it could be improved and dedicated to the City of Aspen as a public park. The application also requests to rezone the property under the proposed playground to the Park Zone District to accommodate the public park use. The property subject to the proposed requests is legally described as Lot 3 of the Centennial Condominium Subdivision and Condominium Plat. For further information contact James Lindt at the City of Aspen Community Development Department, 130 South Galena St., Aspen, CO (970) 920- 5095. jamesl@ci.aspen.co.us s/Helen Kalin Klanderud, Mayor Aspen City Council Published in the Aspen Times on November 22,2003 City of Aspen Account drie' -0 . U PM 3 nul ~ Commi,r.37 29·'et,1,4-er.'.-A r"OZ-:ment F,t, ' : ' 4 3/ T- Con'3 / 4-- , 1 30 S.L.- .=-. --- - Aspen, Colorado 81611 //71 <PIROFF JEFF 3,4~.>-46 BEAVER LN -1., 4 FlE DSTONE, CO 81623 rj 6 4-L ': 1; tljt~111# 9 .11 1 111 111 11$ 11|' 111' :"1' %1' t" 11 tj# 11; Ij 111 <\. j,(24 1 * 1 4*--. PUBLIC NOTICE RE: CENTENNIAL PUD AMENDMENT, SUBDIVISION, GMQS EXEMPTION TO DEVELOP AFFORDABLE HOUSING, AND REZONING. NOTICE IS HEREBY GIVEN that a public hearing will be held on December 8,2003, at a meeting to begin at 5:00 P.M. before the Aspen City Council, Council Chambers, City Hall, 130 S. Galena St., Aspen, to consider an application submitted by Centennial Aspen II Limited Partnership requesting approval of a PUD amendment and a GMQS exemption for affordable housing to allow for the model unit that was approved to be constructed within Building H of the Centennial Rental PUD to be converted to a deed restricted affordable housing unit. Additionally, the application requests subdivision approval to parcel off the area of the existing playground that exists adjacent to Building H so that it could be improved and dedicated to the City of Aspen as a public park. The application also requests to rezone the property under the proposed playground to the Park Zone District to accommodate the public park use. The property subject to the proposed requests is legally described as Lot 3 of the Centennial Condominium Subdivision and Condominium Plat. For further information contact James Lindt at the City of Aspen Community Development Department, 130 South Gatena St., Aspen, CO (970) 920- 5095. jamest@ci.aspen.co.us s/Helen Kalin Klanderud, Mayor Aspen City Council Published in the Aspen Times on November 22,2003 City of Aspen Account /4' P M 11· , 1 C., i. ==227 -~ Commufi:v Devalopment Department 4 2009 ''' F- r~111.1.- 130 S. Galina Steet Aspen, Cot:=0 6:611 rURN ._. , '·*I--- ~ + *i i [, GE!*MEIES JQEL M L „,40* W 57TH ST SIE 10P ;.,WEW[>fRRKE>*P 1000~19 ·· · ,1 U i: ti ..il!:t.:!'~-i:.*;i:j..13.hi:didd Pic@83*%36& 112?lilifilillittilintil;1:::1:..:.1 PUBLIC NOTICE RE: CENTENNIAL PUD AMENDMENT, SUBDIVISION, GMQS EXEMPTION TO DEVELOP AFFORDABLE HOUSING, AND REZONING. NOTICE IS HEREBY GIVEN that a public hearing will be held on December 8,2003, at a meeting to begin at 5:00 P.M. before the Aspen City Council, Council Chambers, City Hall, 130 S. Galena St., Aspen, to consider an application submitted by Centennial Aspen II Limited Partnership requesting approval of a PUD amendment and a GMQS exemption for affordable housing to allow for the model unit that was approved to be constructed within Building H of the Centennial Rental PUD to be converted to a deed restricted affordable housing unit. Additionally, the application requests subdivision approval to parcel off the area of the existing playground that exists adjacent to Building H so that it could be improved and dedicated to the City of Aspen as a public park. The application also requests to rezone the property under the proposed playground to the Park Zone District to accommodate the public park use. The property subject to the proposed requests is legally described as Lot 3 of the Centennial Condominium Subdivision and Condominium Plat. For further information contact James Lindt at the City of Aspen Community Development Department, 130 South Gatena 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 November 22,2003 RECEIVED City of Aspen Account DEC - 1 2003 ASPEN BUILDING DEPARTMENT Cf _ 0,// 1,1,1,/- 27 291'9'0,071€81 Dep-:-Iment @'13.- 130 S. Galena Street Aspen, Colorado 81611 TANGUAY MICHAEL L 1128 VINE ST ASPEN, CO 81611 TANG128 816112004 1N 03 11/24/03 RETtJRN TO SENDER NO FORWARD ORDER ON FILE UNABLE TO FORWARD ATTEMPTED - RETURN TO SENDER NOT KNOWN BiEii#3273 PUBLIC NOTICE RE: CENTENNIAL PUD AMENDMENT, SUBDIVISION, GMQS EXEMPTION TO DEVELOP AFFORDABLE HOUSING, AND REZONING. NOTICE lS HEREBY GIVEN that a public hearing will be held on December 8,2003, at a meeting to begin at 5:00 P.M. before the Aspen City Council, Council Chambers, City Hall, 130 S. Galena St., Aspen, to consider an application submitted by Centennial Aspen II Limited Partnership requesting approval of a PUD amendment and a GMQS exemption for affordable housing to allow for the model unit that was approved to be constructed within Building H of the Centennial Rental PUD to be converted to a deed restricted affordable housing unit. Additionally, the application requests subdivision approval to parcel off the area of the existing playground that exists adjacent to Building H so that it could be improved and dedicated to the City of Aspen as a public park. The application also requests to rezone the property under the proposed playground to the Park Zone District to accommodate the public park use. The property subject to the proposed requests is legally described as Lot 3 of the Centennial Condominium Subdivision and Condominium Plat For further information contact James Lindt at the City of Aspen Community Development Department, 130 South Gatena St., Aspen, CO (970) 920- 5095. jamest@ci.aspen.co.us s/Helen Kalin Klanderud, Mayor Aspen City Council Published in the Aspen Times on November 22,2003 City of Aspen Account Commur':47 2(ve?Apmcnt Department 10 0 S. €122 Street Asnen, Colorado 81611 0=339 s HI Fyil.bLCAEQLLN E NK/1.NIENSTED~) CAROLINE 947 VINE SI- ASPEN, CO 81611 NIEN947 816112006 1A02 04 11/26/03 FORWARD TIME EXP Rl-N TO SEND NIENSTEDT'CAROLINE PO BOX 12285 ASPEN CO 81612-9267 RETURN TO SENDER c . a iS i i/ 19:11 6 i 1 563270 /|,il';"i|'/|"lilli"11|11,111,11,111111,1,1„11,ilit,ji,111 PUBLIC NOTICE RE: CENTENNIAL PUD AMENDMENT, SUBDIVISION, GMQS EXEMPTION TO DEVELOP AFFORDABLE HOUSING, AND REZONING. NOTICE IS HEREBY GIVEN that a public hearing will be held on December 8,2003, at a meeting to begin at 5:00 P.M. before the Aspen City Council, Council Chambers, City Hall, 130 S. Galena St,, Aspen, to consider an application submitted by Centennial Aspen II Limited Partnership requesting approval of a PUD amendment and a GMQS exemption for affordable housing to allow for the model unit that was approved to be constructed within Building H of the Centennial Rental PUD to be converted to a deed restricted affordable housing unit. Additionally, the application requests subdivision approval to parcel off the area of the existing playground that exists adj acent to Building H so that it could be improved and dedicated to the City of Aspen as a public park. The application also requests to rezone the property under the proposed playground to the Park Zone District to accommodate the public park use. The property subj ect to the proposed requests is legally described as Lot 3 of the Centennial Condominium Subdivision and Condominium Plat. For further information contact James Lindt at the City of Aspen Community Development Department, 130 South Galena St., Aspen, CO (970) 920- 5095. jamest@ci.aspen.co.us s/Helen Kalin Klanderud, Mayor RECAVED Aspen City Council DEr 1 2003 Published in the Aspen Times on November 22,2003 '167%/¥ BUILD//1/ROK-PART*FA/T City of Aspen Account €#RINE~#A . . ---- mmunity Development Department tr~ - ..L ----,r..... 130 S. Galena Street Aspen, Colorado 81611 %3 -4183 7 4 23 UPPER RANCH RD 908 VINE ST RECEIVED ASPEN, CO 81611-9625 NOV 24/ 3 ASPEN e ,\Liuz,.t c/,7- .- 1 11 BUILDING DEA%RTMEN1 A ).----./.* 1 1 70 SENDER 4~>_*~_.... j . ~AfIEMPIED:0 0 . 4 N h T h K Mic!'*'~ ~ki l, Il'5.~2- ·LeatieS/&2&44= --2111*15-22 lilli 1,/, 1\,il, 1,; 1,1 „ill il ill lill i 1,1,1, il il Hitill '11,1 il,1 PUBLIC NOTICE RE: CENTENNIAL PUD AMENDMENT, SUBDIVISION, GMQS EXEMPTION TO DEVELOP AFFORDABLE HOUSING, AND REZONING. NOTICE IS HEREBY GIVEN that a public hearing will be held on December 8,2003, at a meeting to begin at 5.00 P.M. before the Aspen City Council, Council Chambers, City Hall, 130 S. Galena St., Aspen, to consider an application submitted by Centennial Aspen II Limited Partnership requesting approval of a PUD amendment and a GMQS exemption for affordable housing to allow for the model unit that was approved to be constructed within Building H of the Centennial Rental PUD to be converted to a deed restricted affordable housing unit. Additionally, the application requests subdivision approval to parcel off the area of the existing playground that exists adjacent to Building H so that it could be improved and dedicated to the City of Aspen as a public park. The application also requests to rezone the property under the proposed playground to the Park Zone District to accommodate the public park use. The property subject to the proposed requests is legally described as Lot 3 of the Centennial Condominium Subdivision and Condominium Plat, For further information contact James Lindt at the City of Aspen Community Development Department, 130 South 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 November 22,2003 City of Aspen Account ¥. U. Ccmmunity Development Department 130 S. Gajena Street Aspen Colorado 81611 FLAMER JOSEPH RECEIVED PO BOX 1857 ASPEN, CO 81612 Nu¥ 7 5 2003 ASPEN 4 BUILDING DEMRTMEN1 ..,t_1 4'11 i Lry ho SENDER45---le- IATTEMPTED ·<.zan 11222 1.A~* '·<,64-6 1 2% i no: Iliti, ttillill; it,ill , d iti.,111„l,lid A i, 11111' dittli titd 'HOT Known .--1 '\ 11 U 1, • PUBLIC NOTICE RE: CENTENNIAL PUD AMENDMENT, SUBDIVISION, GMQS EXEMPTION TO DEVELOP AFFORDABLE HOUSING, AND REZONING. NOTICE IS HEREBY GIVEN that a public hearing will be held on December 8,2003, at a meeting to begin at 5:00 P.M. before the Aspen City Council, Council Chambers, City Hall, 130 S. Galena St., Aspen, to consider an application submitted by Centennial Aspen Il Limited Partnership requesting approval of a PUD amendment and a GMQS exemption for affordable housing to allow for the model unit that was approved to be constructed within Building H of the Centennial Rental PUD to be converted to a deed restricted affordable housing unit. Additionally, the application requests subdivision approval to parcel off the area of the existing playground that exists adjacent to Building H so that it could be improved and dedicated to the City of Aspen as a public park. The application also requests to rezone the property under the proposed playground to the Park Zone District to accommodate the public park use. The property subject to the proposed requests is legally described as Lot 3 of the Centennial Condominium Subdivision and Condominium Plat. For further information contact James Lindt at the City of Aspen Community Development Department, 130 South Galena St., Aspen, CO (970) 920- 5095. jamest@ci.aspen.co.us s/Helen Kalin Klanderud, Mayor Aspen City Council Published in the Aspen Times on November 22,2003 City of Aspen Account M. ATTACHMENT 7 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE C 1 / ADDRESS OF PROPERTY: d « l/1-~ C l.1 1, C Ic, , Aspen, CO SCHEDULED PUBLIC HEARING DATE: / -, , 200 1 » .4 /; (F-23 STATE OF COLORADO ) ) SS. County of Pitkin ) I, <J Ct Lif (AQ (name, please print) L-- fin cj 1-1 £ being or representing an Applicant to the City o f Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) of the Aspen- Land Use Code in the following manner: ~<~ Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen at least fifteen (15) days prior to the public hearing. A copy of the publication is attached hereto. Posting of notice: By posting of notice, which form was obtained from the Community Development Department, which was made of suitable, waterproof materials, which was not less than twenty-two (22) inches wide and twenty-six (26) inches high, and which was composed of letters not less than one inch iii 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 Land Use Code. At least fifteen (15) days prior to the public hearing, notice was hand delivered or mailed by first class postige prepaid U. S. mail to any federal agency, state, county, municipal 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 o f 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) 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 o f 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 o f 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. 46-tite-z5~iO v , >fgnature 1 The foregoing "Affidavit of Notice" was acknowledged before me tllis-)j day of 09 ovt, . 200-3. by ow.59 13 rk&30 WITNESS MY HAND AND OFFICIAL SEAL My commission expires: 4 /12>/09 Notary Public ~ E SARAH ~ 0< OATES 4,4419¥ ATTACHMENTS: COPY OF THE PUBLICATION PHOTOGRAPH OF THE POSTED NOTICE (SIGN) LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED BY MAIL ED@£622 o T 1 #1*324 2 9 6 2 =24=13. - 4.fii.liff ji 2*#23€:£232:fi im -{ %%EW-22<2. 42.52&6593. c .C v 0-C- 2 I ~ 53*Z= Ce- 2 ==E = 2-* 5 o 2 2~-6.*-2-2 : S o-* 5 83#-- a€-2= ~ 0*ee*-225Ugg= 123 Ul-*-*2226*E =-02€ 1.8--1=.000.2/ 2 32 2 # : -2 . 2 : 6 -3 1 3 -ES & 5-3 8 3· 4 2 -2 2* 2 - cor=-C -1~34=tfif:E*r:94Kgy€f'4*N ulag€%554#255&2&112333 52 == 81: 0~~ill~50*XIC - OUS->,Cut IM - =u 2*9 2 -* 2 2 2- 2 * 2 8 -* 2 Efef.*-2 = 2 : 2 =29 -0 2 E e Ill .-<z,nuka.WEEN.ENZE,23#0§&6fi-§261: 2, 33% CENTENNIAL MENT, SUBDIVI- AFFORD- ublic hearing pprov e construct I the Cen ed ~~Ml pplication r ests is 'gi JaqlU#ON uo sauILL uads¥ 041 improved an edi- und to the~'ar~ Z~le 4 u unlt ouncil Cham ers, v&/a- MEMORANDUM TO: Mayor and City Council c -AA THRU: Julie Ann Woods, Community Development Director FROM: James Lindt. Planner<Sl RE: Centennial PUD Amendment, Subdivision, GMQS Exemption for Affordable Housing, and Rezoning- Ist Reading of Ordinance No.bb, Series of 2003 DATE: November 10,2003 PROJECT: CENTENNIAL PUD AMENDMENT REQUEST: The Applicant is requesting land use approvals to deed restrict the model unit that has been approved to be added to Building H as an affordable housing unit and for the ability to use the unit in the interim to occasionally house employees/contract employees of Centennial Aspen II Limited Partnership. In addition, the Applicant has proposed to improve the existing playground and dedicate it to the City of Aspen as a public park. CURRENT ZONING: R/MFA PUD LAND USE PUD Amendment, Subdivision, GMQS Exemption for the development REQUESTS: of Affordable Housing, and Rezoning STAFF Staff recommends that City Council approve the proposed request with RECOMMENDATION: the conditions set forth in the proposed Ordinance. P&Z The Planning and Zoning Commission unanimously recommends that RECOMMENDATION: City Council approve with conditions the requested land use actions. BACKGROUND: The Planning and Zoning Commission approved the addition of a model unit and the reconfiguration and enlargement of the existing office space in Building H, of the Centennial PUD in May of this year pursuant to Resolution No. 12. Series of 2003. As part of this approval, it was required that the model unit not be used for residential purposes because it had not been granted a residential allotment or an exemption from the Growth Management Quota System (GMQS) to create a new residential unit. Therefore. the Applicant, Centennial Aspen II Limited Partnership, has now submitted an application requesting approval to permanently deed restrict the approved model unit as an affordable housing unit in return for the ability to allow for it to house the Applicant-s employees/contract employees on a temporary basis as is detailed in the "Staff Comments" section of this memo. Additionally. the Applicant would like to pay for improvements to the existing playground area that can be seen on the site plan that is -l- attached in the application as Exhibit "B" and parcel it off for the purpose of dedicating it to the City as a public park. LAND USE ACTIONS REQUESTED: The Applicant is requesting the following land use actions to allow for the model unit to be deed restricted as an affordable housing unit and to allow for the parceling off of the playground area for the development of a park: • A GMQS Exemption for the Development of Affordable Housing • Planned Unit Development Amendment • Subdivision • Rezoning The Applicant has requested that the Community Development Director combine the review of the aforementioned land use actions pursuant to Land Use Code Section 26.304.060(B)(1). Staff believes that the combination of reviews will reduce duplication in the amount of review time and will ensure the clarity of the final decision. Therefore. the Community Development Director has approved to allow for the consolidation of reviews on this particular proposal. Thus, City Council will be the final decision- making authority on all of the land use requests associated with this proposal after considering recommendations from the Housing Authority. the Planning and Zoning Commission. and the Conimunity Development Director. ATAFF COMMENTS REGARDING MODEL UNIT USAGE: Upon submittal of the original application to add the model unit. the Applicant indicated to staff that they wanted to use the model unit to temporarily house employees and contract employees (i.e. auditors, attorneys) when they are in town to do work on-site for Aspen Centennial II Limited Partnership. Previously, staff indicated to the Applicant that i f they wanted to use the unit iii the above manner, they would have to obtain a residential allotment from the Growth Management Quota System to use the unit for residential purposes. Alternatively. the Applicant has proposed a use plan for the unit that would convert the model unit into a permanently deed restricted employee-housing unit. Therefore, the Applicant has requested approval of GMOS exemption for the development of an affordable housing unit pursuant Land Use Code Section 26.470.070(J). In deed restricting this unit as an affordable housing unit, the Applicant would like to use the unit to house owners, and employees/contract employees such as auditors on a temporary. transient basis in addition to it's use as a model unit. until such time as it would be sold with the remainder of the Centennial property or until it would be rented as a Category Affordable Ilousing Unit on a year-round basis. Therefore, the Applicant has requested that the City waive income and asset restrictions on this unit, as well as the full-time employment requirement until the unit is sold as part of the larger Centennial property or rented out on a year-round basis. The Applicant has further proposed to place the following controls on the use of the unit in an attempt to ensure that it does not -2- operate like a full-time, free market residential unit that would necessitate a free-market residential allotment: o Occupancy of the unit would be limited to no more than 60 days per year. including no niore than 15 days during any month and no more than 10 consecutive days at any time. o Rent could not be charged for the temporary housing of employees/contract employees. o The Applicant would submit a quarterly report (based on the calendar year) to the City detailing who has occupied the unit and on what dates it has been occupied during the last quarter. o The unit would still be used as a model unit for the remainder of the year that it i s not occupied by employees/contract employees of Aspen Centennial II Limited Partnership. The Applicant has indicated that the above controls are patterned after the provisions set forth iii Part V, Section 8 of the Aspen/Pitkin County Housing Guidelines that permit the short-term rental of a deed restricted ownership unit, "to faculty or employees of a non- profit organization who shall be qualified without meeting the income and asset restrictions for a short-term rental. which is defined as three months or less". The Planning Staff believes that the manner of use of this model unit that the Applicant is proposing to convert into an affordable housing unit is primarily a matter of housing policy and whether the interim use is appropriate for an affordable housing unit under which the Applicant has applied for a GMQS exemption. The Housing Authority has reviewed the proposed use and the waiver of the income and asset restrictions o f this unit as proposed by the Applicant and have expressed that they feel that the proposed interim use is appropriate with the conditions that are set forth in Conditions 1 thru 3 of the proposed resolution (please see the Housing Authority's comments that are attached as Exhibit "C"). The only commentary that the Planning Staff would like to add about the , use of the unit is that we would rather see the subject unit ultimately be used as an affordable housing unit rather than a free market residential unit as could possibly be the case if the Applicant were to request approval of a GMOS allotment through the GMQS scoring system as staff originally suggested. IMPACTS RELATED TO RESIDENTIAL USE OFUNIT: As was mentioned above, the Planning Staff believes that the interim use of the unit proposed to be deed restricted as an affordable housing unit is a housing policy decision related to whether the City wishes to waive the income and asset restrictions for the unit in the interim. However, the Planning Staff does believe that mitigating the impacts of tlie proposed use of the affordable housing unit is a land use issue. With that being said. the Applicant was not required to provide parking for the model unit as part of it's UJ original approval because it was not to be used for residential purposes. Staff believes that because the unit is now intended to be used iii the interim for temporary. periodic housing and ultimately as a full-time, deed restricted affordable housing unit, the parking impact of the unit now needs to be addressed. According to the Applicant. Centennial currently has 221 parking spaces for the use of 148 deed restricted rental units. The 148 deed restricted rental units are comprised of 89 units of one or less bedrooms each and 59 units of two or more bedrooms each. The underlying Resident/Multi-Family Zoning generally requires one parking space for every unit of one bedroom or less and two (2) parking spaces for every unit of two (2) bedrooms or more. Therefore, pursuant to the underlying zoning requirements the 148 rental units would require a total of 207 parking spaces. Thus, staff believes that sufficient parking currently exists to accommodate the affordable housing use of the approved model unit. SUBDIVISION AND REZONING TO CREATE PUBLIC PARK: As was previously introduced, the Applicant would like to improve the existing playground area on the southeast side of Building LI, of the Centennial Affordable Housing Complex and dedicate it to the City as a public park. The Applicant has been in discussions with the Parks Department about doing the site planning (please see the proposed site plan that is attached as Exhibit "D") and installation of equipment for the proposed park, while the Applicant would pay for the playground equipment and provide the land. The Parks Department has indicated that they have been exploring for opportunities to develop a community park in this neighborhood for a long time and are excited about the chance to partner with the Applicant in the development of this public playground. In order to parcel the playground area off from the remainder of the Centennial property so that it may be dedicated and deeded to the City as a public park. the Applicant must gain subdivision and rezoning approval as they have applied for. In reviewing the subdivision request, staff believes that the proposed subdivision for the purpose of developing a public park on this site is consistent with many of the Aspen Area Community Plan (AACP) policies that are set forth in the "Parks. Open Space, and the Environment" section of the plan. Additionally, because the property is zoned with a PUD overlay, the Applicant may vary the minimum lot size of the underlying R/MFA Zone District to accommodate the area of the playground. Staff further believes that the land subject to the proposed subdivision is suitable for subdivision for the development of a public park and does not contain any natural hazards that would endanger the users of the park. In total staff believes that the subdivision review standards are met by the proposal. In reviewing the zoning map amendment request to rezone the area to be dedicated as a public park to the Park (P) Zone District, staff believes that the use of the land will not change in all reality because the existing playground is already informally used by many of the kids that live within the area and not just those that live within the Centennial complex. Therefore. other than the fact that there will be new playground equipment and that it will be officially dedicated as a public park, staff does not believe that use characteristics of the land will change from it's existing state. Furthermore, as was -4- previously stated, staff feels that the proposed park use is consistent with the AACP's "Parks, Open Space, and Environmental" policies. in addition, staff believes that the Park Zone District is the most appropriate zoning for a Public Park or Public Open-use recreational facility. OTHER ISSUES: ANNEXATION CLEAN UP: Recently, staff had thought that there might have been an oversight in the annexation of Centennial Development in the 1980's that would have left a small portion of the Centennial development outside of the City limits. The Applicant has consented in their application to petition for annexation upon determination that a portion of their property is still located outside of the City. As was mentioned above, the Applicant will be required to record a subdivision plat upon subdivision approval that should show the entirety of Lot 3 of the Centennial Subdivision. That being the case, staff has included a condition of approval requiring the Applicant to file a petition to annex any unincorporated area within the Centennial Subdivision/PUD, which should resolve this issue. REFERRAL AGENCY ISSUES: The Parks Department did express that they do not wish to take on responsibility for maintenance and/or repair of the sidewalks that abut the proposed park. Therefore, the Applicant is still in negotiations with the Parks Department about the details of the maintenance. Additionally, it is staffs understanding that the Parks Department will maintain the sprinkler system within the park, and that the Applicant will allow for the Parks Department to use Centennial's water for irrigation purposes. The City Engineer has also requested that easements be granted through the proposed park to the utility agencies that currently have services within the park area to accommodate maintenance or replacement of said service lines. Condition No. 5 in Section 2 of the proposed ordinance represents the inclusion of this request from the City Engineer. STAFF RECOMMENDATION: The Housing Authority has recommended that City Council approve the income and asset restriction waivers that the Applicant has proposed in the interim for the model unit that is ultimately to be converted to a permanent affordable housing unit. Additionally, the Planning Staff feels that the Applicant has appropriately accounted for the impacts of the proposed affordable housing unit. And therefore, staff believes that the proposal meets the review standards for an exemption from the Growth Management Quota System for the development of an affordable housing unit. The Planning Staff also believes that the proposed subdivision and rezoning application to improve the existing playground and dedicate it to the City of Aspen as a public park is consistent with the goals and policies of the Aspen Area Community Plan. Moreover, staff believes that the proposal meets the subdivision -5- and rezoning review standards. Additionally, the Planning and Zoning Commission unanimously recommends that City Council approve the land use requests finding that they agree with staffs recommendation in this matter (Planning and Zoning Commission Meeting Minutes will be included in City Council's packet for second reading of this ordinance). RECOMMENDED MOTION: "I move to approve Ordinance No66, Series of 2003, approving with conditions, a PUD Amendment and a GMQS Exemption for the development of affordable housing to allow for the previously approved Centennial model unit to be deed -restricted as an affordable housing unit with a waiver of the income and asset restrictions that are established in the Aspen/Pitkin County Affordable Housing Guidelines and approving the subdivision and rezoning request to improve the existing playground and dedicate it to the City of Aspen as a public park." CITY MANAGER'S COMMENTS: 1- dne re e & r ~4€ 04 30 4 Pl£.1 , ATTACHMENTS EXHIBIT A - REVIEW CRITERIA AND STAFF FINDINGS EXHIBIT B --APPLICATION EXHIBIT C - REFERRAL COMMENTS EXHIBIT D - PROPOSED PARK SITE PLAN EXHIBIT E - PLANNING AND ZONING COMMISSION RESOLUTION -6- ORDINANCE NA U W (SERIES OF 2003) AN ORDINANCE OF THE ASPEN CITY COUNCIL APPROVING A PUD AMENDMENT AND A GMQS EXEMPTION FOR THE DEVELOPMENT OF AFFORDABLE HOUSING TO THE CENTENNIAL PUD TO ALLOW FOR THE APPROVED MODEL UNIT IN BUILDING H, OF THE CENTENNIAL RENTAL HOUSING UNITS TO BE CONVERTED TO AN AFFORDABLE HOUSING UNIT; AND APPROVING A SUBDIVISION AND A REZONING REQUEST TO ALLOW FOR THE EXISTING PLAYGROUND TO BE DEDICATED AS A PUBLIC PARK, CITY OF ASPEN, PITKIN COUNTY, COLORADO. Parcel ID: 2737-074-27-701 WHEREAS, the Community Development Department received an application from Centennial Aspen II Limited Partnership, represented by Alan Riehman Planning Services, requesting approval of a PUD amendment to the Centennial PUD and a GMQS exemption for the development of affordable housing to allow for the previously approved model unit iii Building H to be converted into a deed restricted employee housing unit; and a subdivision and rezoning request to allow for the existing playground area outside of Building H to be subdivided, rezoned to the Park Zone District, and dedicated to the City of Aspen as a public park; and, WHEREAS, the Planning and Zoning Commission approved the addition of a model unit to Building H of the Centennial PUD pursuant to Resolution No. 12, Series of 2003; and, WHEREAS, pursuant to Land Use Code Section 26.445, Planned Unit Development; Section 26.470. Growth Management Quota System; Section 26.480. Subdivision; and Section 26.310, Amendments to the Land Use Code and Official Zone District Map; City Council may approve. approve with conditions, or deny the land use requests made by the applicant during a duly noticed public hearing after taking and considering comments from the general public, and recommendations from the Planning and Zoning Commission, Community Development Director, Housing Authority Staff and relevant referral agencies; and, WHEREAS, upon review of the application and the applicable code standards, the Housing Authority has reviewed the requested waiver of asset, residency, and income restrictions and recommended approval of such waivers with conditions; and, WHEREAS, upon review of the application and the applicable code standards, the Community Development Department recommended approval of the proposed PUD amendment, GMOS exemption, subdivision. and rezoning requests, with conditions; and, WHEREAS, during a duly noticed public hearing on October 21, 2003, the Planning and Zoning Commission approved Resolution No. 24, Series of 2003, by a six to zero (6-0) vote, recommending that City Council approve the requested PUD amendment, GMQS exemption for affordable housing, subdivision, and rezoning; 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 Planning and Zoning Commission. the Community Development Director, the Aspen/Pitkin County Housing Authority Staff. the applicable referral agencies, 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 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 CITY COUNCIL OF THE CITY OF ASPEN, COLORADO THAT: Section 1: Pursuant to the procedures and standards set forth in City of Aspen Land Use Code Section 26.445. Planned Unit Development. avid Section 26.470.070(J), GMQS Exemptions for aftbrdable housing, City Council hereby approves a PUD Amendment and a GMQS exemption to allow for the previously approved model unit in Building H of the Centennial PUD to be converted into a deed-restricted affordable housing unit with the following conditions: 1. Occupancy of the unit shall be limited to no more than 60 days per year, including no more than 15 days during any month and no more than 10 consecutive days at any time until such time as the unit is either rented or until the unit is sold, either as a separate condominiumized unit or as part of the Centennial Rental Affordable Housing Complex. Upon the unit being rented or being sold with the remainder of the Centennial complex, the unit will be required to be rented or sold pursuant to the terms of the Centennial disposition and development agreement for a Category 3 unit. 2. The Applicant shall submit a quarterly report to the Aspen/Pitkin County Housing Authority detailing who has occupied the unit and on what dates it has been occupied during the past quarter. The quarterly report shall be submitted until such time as the unit is rented on a full-time basis or until the unit is sold as part of the remainder of the Centennial Rental Complex. 3. A waiver of asset, residency, and income restrictions shall be iii place until such time as the unit is rented on a full-time basis or until the unit is sold as part of the remainder o f the Centennial Rental Complex. 4. Approval of this request supercedes Planning and Zoning Commission Resolution No. 12. Series of 2003 and voids Condition No. 1 and Condition No. 10 in said resolution. With the exception of Conditions 1 and 10 of Planning and Zoning Commission Resolution No. 12, Series of 2003, the conditions in said resolution remain in full effect. Section 2: That City Council hereby approves the proposed subdivision request to parcel off the existing playground for the purpose of improving the playground and dedicating it to the City of Aspen as a public park, with the following conditions: 1. The Applicant shall prepare a subdivision plat to be recorded at the Pitkin County Clerk and Recorder's Office within 180 days of City Council's approval. The Applicant shall also prepare a subdivision agreement to be recorded at the Pitkin County Clerk and Recorder's Office within 180 days of the City Council's approval. 2. The Parks Department shall be able to use the Centennial water system to irrigate the park at the Applicant's expense. However, the City of Aspen Parks Department shall maintain the sprinkler system within the Park Parcel. 3. This PUD amendment shall establish the minimum lot size for the park parcel at 6,320 square feet. 4. A sign shall be erected at the sidewalk connection between the Park Circle sidewalk and the park's interior sidewalk that clearly identifies this connection as the entryway to the park. 5. Utility maintenance easements shall be granted to the utility agencies that currently have utility services located in the land to be dedicated as the park. 6. The City shall place a conservation easement over the park parcel. 7. If it is determined that any portion of the Centennial Subdivision/PUD is located outside of the City's incorporated boundaries, then the Applicant shall submit a petition to annex those lands in conjunction with filing the subdivision plat that is required to be prepared in Condition No. 1 above. Section 3: That City Council hereby rezones the playground parcel to be created to the Park (P) Zone District. Section 4: 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 construed and concluded under such prior ordinances. Section 5: If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held invalid or unconstitutional iii a court of competent jurisdiction, such portion shall be deemed a separate. distinct and independent provision and shall not affect the validity ofthe remaining portions thereof. Section 6: A public hearing on the ordinance shall be held on the 8th day of December, 2003, in the City Council Chambers, Aspen City Hall, Aspen, Colorado. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the 10th day ofNovember, 2003. Helen Kalin Klanderud, Mayor Attest: Kathryn S. Koch, City Clerk FINALLY, adopted, passed and approved by a vote of to C_-_3, this 8th day of December, 2003. Helen Kalin Klanderud, Mayor Attest: Kathryn S. Koch, City Clerk Approved as to form: .John P. Worcester, City Attorney EXHIBIT A PLANNED UNIT DEVELOPMENT (PUD) AMENDMENT Review Criteria & Staff Findings SECTION 26.445.050, REVIEW STANDARDS: PUD AMENDMENT Section 26.445.050 of the Regulations provides that development applications for a PUD amendment must comply with the following standards and requirements. A. General Requirements. 1. The proposed development shall be consistent with the Aspen Area Community Plan. Staff Finding Staff believes that the proposal is consistent with the objectives of the Aspen Area Community Plan. The Applicant has appropriately proposed to develop an affordable housing unit well within the Urban Growth Bouiidary and in close proximity to the Commercial Core of the City as is consistent with the housing policies that are set forth iii the AACP. Iii addition. the Interim Aspen Area Citizen Housing Plan states that citizen housing should be provided within the metro area and in close proximity to public mass transit as the proposed development is. Moreover, the proposal encourages the private sector's participation in the development of affordable housing in long run by providiiig a voluntary affordable housing unit. Furthermore, the LIousing Authority reviewed the use of the unit and recommended that City Council approve the waiver of the income and asset restrictions for the unit as the Applicant has proposed. In reviewing the portion of the application that requests approval to i niprove the playground facility and dedicate it as a public park, staff feels that it meets many of the Aspen Area Community Plan's objectives relating to providing additional recreational opportunities to the citizens of Aspen. Staff finds this criterion to be met. 2. The proposed development shall be consistent with the character o.f existing land uses in the surrounding area. Staff Finding Staff believes that the proposal is consistent with the on-site operations of the rental housing units at Centennial. The primary land use in the immediate vicinity is affordable housing units. And therefore. because the Aspen/Pitkin County Housing Authority has recommended that the terms of the affordable housing/model unit's use as proposed by the Applicant are appropriate, the Planning Staff feels that the proposed request is consistent with the surrounding land uses. Additionally, staff believes that the park refurbishment is consistent with the existing playground use on the land. Staff fiiids this criterion to be met. -7 - 3. The proposed development shall not adversely affect the.future development of the surrounding area. Staff Finding Staff does not believe that the proposal will adversely affect the future development of the surrounding area in any way. The unit to be converted into an affordable housing unit is already approved to be built and the use of the unit sliould not affect the surrounding properties. Additionally, staff feels that the proposed public park will enhance the neighborhood by providing additional. quality recreational opportunities. Staff finds this criterion to be met. 4. The proposed development has either been granted GMQS allotments, is exempt from GMQS, or GMQS allotments are available to accommodate the proposed development and will be considered prior to, or in combination with, final PUD development plan review. Staff Finding The Applicant has requested approval of a GMQS exemption to develop the approved model unit as an affordable housing unit pursuant to Land Use Code Section 26.470.070(J). (JMQS Exemption ®r Affordable Housing. Please see the staffs responses to the review standards for the GMQS exemption for affordable housing. B Establishment of Dimensional Requirements: The.final PUD development plans shall establish the dimensional requirements for all properties within the PUD. The dimensional requirements of the underlying zone district shail be used as a guide in determining the appropriate dimensions for the PUD. During review o.f the proposed dimensional requirements, compatibility with surrounding land uses and existing development patterns shaH be emphasized. 1.The proposed dimensional requirements ·for the sub.ject property are appropriate and compatible with the following in.fluences on the property: a) The character of, und compatibility with, existing and expected future land uses in the surrounding area. b) Natural and man-made hazards. c) Existing natural characteristics of the property and surrounding area such as steep slopes, waterways, shade, and significant vegetation and landforms. d) Existing and proposed man-made characteristics of the property and the surrounding area such as noise, traffic, transit, pedestrian circulation, parking, and historical resources. Staff Finding The Applicant has already gained approval to construct the model unit that is proposed to be converted to an affordable housing unit by this application. During the review of the previous PUD amendment request to construct the model unit, it was determined by the Planning and Zoning Commission and staff that the model unit was compatible in regards to the dimensional requirements and their relation to the structures in the surrounding -8- area. LIowever, staff does believe that converting the model unit into an affordable housiiig unit would have a possible impact on Centennial's off-street parking situation, and thus, staff has asked the Applicaiit to provide a parking analysis. Tlie parkiiig analysis provided by the Applicant indicates that there are currently 221 parking space for the 148 deed restricted rental units within the development. It was determined by staff that the underlying zoning would require a total of 207 parking spaces for the 148 rental units because 89 of the units contain one bedroom or less and only 59 of the units have two (2) bedrooms or more. Thus, staff believes that sufficient off-street parking currently exists to accommodate the addition of an affordable housing unit based on the parking surplus of fourteen (14) parking spaces. In addition, staff believes that the proposed public park will operate fairly similar to the existing playground in that it is already used by the majority of the kids in the area because Centennial does not currently restrict its use. Therefore, staff does not anticipate that the proposal to dedicate the playground area as a public park as being a traffic generation or a parking issue. Staff finds this criterion to be met. 2. The proposed dimensional requirements permit a scale, massing, and quantity of open space and site coverage appropriate and .favorable to the character of the proposed PUD and of the surrounding area. Staff Finding The scale and massing of the model unit was already reviewed and approved by the Planning and Zoning Commission when it was approved to be constructed. And because there will be no changes to the exterior of this unit as a result of the proposed request. staff believes that the scale and massing of the building are still appropriate and consistent with character of the PUD and surrounding area. Staff finds this criterion to be niet. 3. The appropriate number of off-street parking spaces shall be established based on the.following considerations: a) The probable number of cars used by those using the proposed development including any non-residential land uses. b) The varying time periods of use, whenever joint use Of common parking is proposed c) The availability of public transit and other transportation.facilities, including those for pedestrian access and/or the commitment to utilize automobile disincentive techniques in the proposed development. d) The proximity of the proposed development to the commercial core and general activity centers iii the city. Staff Finding The Applicant has included a parking study as part of the application. Staff believes that this parking study shows that there is currently sufficient parking to accommodate the addition of an occupied affordable housing unit as is detailed in staff' s response to Review Standard No. 1 above. In regards to the park, staff feels that the proposed public park will not really cause parking or traffic generation issue because the existing playground is already essentially open to the public in that Centennial does not currently -9- restrict the Lise of it. Additionally. staff does not believe that the park will be a considerable parking generator. Therefore, staff finds this criterion to be met. 4. The maximum allowable density within a PUD may be reduced if there exists insufficient infrastructure capabilities. Specitically, the maximum density o.f a PUD may be reduced if: a) There is not sufficient water pressure, drainage capabilities, or other utilities to service the proposed development. b) There are not adequate roads to ensure jire protection, snow removal, and road maintenance to the proposed development. Staff Finding Staff Applicant is not requesting to reduce the maximum allowable density within the PUD. Iii addition. the City of Aspen Fire Marshall, Water Department Director. and a representative from the Aspen Consolidated Sanitation District have reviewed the proposal and feel that there are sufficient services to serve the additional unit. Staff finds this criterion to be met. 5. The maximum allowable density within a PUD may be reduced if there exists natural hazards or critical natural site features. Specitically, the maximum density of a PUD may be reduced if: a) The land is not suitablefor the proposed development because of ground instability or the possibility of mudflow, rock falls or avalanche dangers. b) The effects of the proposed development are detrimental to the natural watershed, due to runoff, drainage, soil erosion, and consequent water pollution. c) The proposed development will have a pernicious effect on air quality in the surrounding area and the City. d) The design and location of any proposed structure, road, driveway, or trail in the proposed development is not compatible with the terrain or causes harmful disturbance to critical natural features of the site. Staff Finding The Applicant is not proposing to reduce the maximum allowable density within the PUD. Additionally. staff believes that the proposal to create a public park will not put the visitors of the park in danger because there are no known geologic hazards associated with the site. Staff finds this criterion to be met. 6. The maximum allowable density within a PUD may be increased if there exists a significant community goal to be achieved through such increase and the development pattern is compatible with its surrounding development patterns and with the site's physical constraints. Specifically, the maximum density of a PUD may be increased if: a) The increase in density serves one or more goals Of the community as expressed in the Aspen Area Community Plan (AACP) or a specific area plan to which the property is subject. - 10 - b) The site's physical capabilities can accommodate additional density and there exists no negative physical cliaracteristics of the site, as identified in subparagraphs 4 and 5, above, those areas can be avoided, or those characteristics mitigated. c) The increase in maximum density results iii a development pattern compatible with, and complimentary to, the surrounding existing and expected development pattern, land uses, and characteristics. Staff Finding Tlie Applicant is requesting to increase the allowable density within the PUD by converting the approved model unit into a deed restricted affordable housing unit. Staff believes that the proposal to convert the approved model unit into an affordable housing ullit promotes several of the AACP's goals relating to affordable housing (please see staff's response to PUD Criterion No. 1 for specific examples). Moreover, staff believes that the site can accommodate the impacts of the additional affordable housing unit and that the unit is consistent with the affordable housing use that exists throughout the immediate area. Staff finds this criterion to be met. B. Site Design: The purpose of this standard is to ensure the PUD enhances public spaces, is complimentary to the site's natural and man-made .fraturex and the adjacent public spaces, and ensures the public's health and safety. The proposed development shall comply with the following: 1. Existing natural or man-made features of the site which are unique, provide visual interest or a specific reference to the past, or contribute to the identity Of the town are preserved or enhanced in an appropriate manner. Staff Finding The addition of the model unit was already approved and there are no changes proposed to the exterior of the structure. Additionally, staff believes that the public park that is proposed will enhance the site's natural and man-made characteristics by providing for updated playground equipment. Therefore. staff finds this criterion to be met. 2. Structures have been clustered to appropriately preserve significant open spaces and vistas. Staff Finding The model unit/affordable housing unit to be constructed was already approved to be built pursuant to Plaiining and Zoning Commission Resolution No. 12, Series of 2003. Therefore, there is no new physical development proposed for this site in this application otlier than the new playground equipment, which staff does not think will significantly block any views more than the existing playground equipment. Staff finds this criterion to be rnet. -11- 3. Structurex are appropriately oriented to public streets, contribute to the urban or rural context where appropriate, and provide visual interest and engagement of vehicular and pedestrian movement. Staff Finding There are no new structures proposed as part of this development application other than the new playground equipment. Therefore, staff finds this criterion not to be applicable to this application. 4. Buildings and access ways are appropriately arranged to allow emergency and service vehicle access. Staff Finding There is no physical change to the structure that was not already approved as part of Planning and Zoning Commission Resolution No. 12, Series of 2003 other than the replacement of the playground equipment. Furthermore. the Fire Marshall and the Building Department have reviewed the proposal and have expressed that there is adequate emergency access. Staff finds this criterion to be met. 5. Adequate pedestrian and handicapped access is provided. Staff Finding According to the Building Department, the conversion of the model unit to an affordable housing unit will not require accessibility. In addition, the Parks Department has proposed to meet the ADA requirements for access to the park when designing the park. Staff finds this criterion to be met. 6. Site drainage is accommodated for the proposed development in a practical und reasonable manner and shall not negatively impact surrounding properties. Staff Finding The City Engineering Department will require a drainage plan at the time of building permit submittal for the affordable housing unit. The drainage plan shall be required to demonstrate that there will be increase in the historic run-off on the property. Staff finds this criterion to be met. 7. For non-residential land uses,spaces between buildings are appropriately de-signed to accommodate any programmatic.functions associated with the use. Staff Finding The Applicant is not proposing to construct any non-residential land uses on the site other than the new playground equipment. Staff finds that this criterion is not applicable to this application. - 12 - C. Landscape Plan: The purpose Of this standard is to ensure compatibility of the proposed landscape with the visual character of the city, with surrounding parcels, and with existing and proposed features Of the subject property. The proposed development shall comply with the.following: 1. The landscape plan exhibits a well designed treatment o.f exterior spaces, preserving existing significant vegetation, and provides an ample quantity and variety of ornamental plant species suitable.for the Aspen area climate. Staff Finding There are two small Aspen trees that are to be relocated for the construction of the model unit/affordable housing unit; however, the construction of the model unit was already approved pursuant to Planning and Zoning Commission Resolution No. 12. Series of 2003 and thus, the tree relocation was already approved. Additionally, the Parks Department has developed a landscaping plan for the public park. The Parks Department has indicated to staff that they intend on using a mix of species that are suitable for the Aspen area climate. Staff finds this criterion to be met. 2. Significant existing natural and man-made site .features, which provide uniqueness and interest in the landscape, are preserved or enhanced in an appropriate manner. Staff Finding Staff does not believe that there are any significant natural and man-made site features tliat would be disturbed by the proposal. Moreover, staff believes that the proposal to renovate the playground witli updated equipment will enhance the playground. which is a unique man-made site feature. Staff finds this criterion to be met. 3. The proposed method of protecting existing vegetation and other landscape features is appropriate. Staff Finding Other than the two Aspen trees that are to be removed for the construction of the model unit/affordable housing unit, staff does not believe that there are any other trees that are close to the area of construction disturbance. Additionally, the Parks Department has indicated that they intend to appropriately protect the existing landscaping and enhance the landscaping in the playground area in redoing the playground. Staff finds this criterion to be met. D. Architectural Character: It is the purpo,;e of this standard to encourage architectural interest, variety, character, and visual identity in the proposed development and within the City while promoting efficient use Of resources. Architectural character is based upon tile suitability of a building for its purposes, legibility of the building's use, the building's proposed massing, proportion, scale, orientation fo public spaces und other buildings, use (4 materials, and other attributes which may significantly represent the character of the proposed development. There shall be approved as part of tile final development plan and architectural character -13- plan, which adequately depicts the character of the proposed development. The proposed architecture ofthe development shall: 1. be compatible with or enhance the visual character of the city, appropriately relate to existing and proposed architecture of the property, represent a character suitable for, and indicative Of, the intended use, and rexpect the scale and massing of nearby historical and cultural resources. Staff Finding 1 he exterior design of the model unit/affordable housing unit to be constructed was already approved by tlie Planning and Zoning Commission pursuant to Planning and Zoiiing Commission Resolution No. 12. Series of 2003. Therefore. this application does not request any additional alterations to the exterior of the building. Thus, staff finds this criterion not to be applicable to this application. 2. Incorporate, to the extent practical, natural heating and cooling by taking advantage of the property's solar access, shade, and vegetation and by use of non- or less-intensive mechanical systems. Staff Finding Tlie Applicant will be required to meet the energy code requirements of the building code in constructing the model unit/affordable housing unit. Staff finds this criterion to be met. 3. Accommodate the storage and shielding of snow, ice, and water in a safe an appropriate manner that does not require signiticant maintenance. Staff Finding The proposed addition to Building H, of the Centennial Affordable Housing Complex that was approved pursuant to Planning and Zoning Commission Ordinance No. 12, Series of 2003, vastly improves the snow protection over the entranceways to the office and the laundry facility that exists in the basement of the building. Additionally, a drainage plan will be required to be submitted to the City Engineering Department for review at the time of building permit submittal. The drainage plan will be required to demonstrate that there will not be an increase in the amount of off-site drainage as a result of the addition to the structure. Staff finds this criterion to be met. E. Lighting: The purpose ofthis standard is to ensure the exterior ofthe development will be lighted in an appropriate manner considering both public safety and general aesthetic concerns. Thefollowing standards shall be accomplished: 1. All lighting is proposed so as to prevent direct glare or hazardous interference of any king to adjoining streets or lands. Lighting of site features, structures, and access ways is proposed in an appropriate manner. - 14 - Staff Finding The proposed addition to the building and the new playground area is required to meet the City of Aspen Lighting Code as is set forth in Land Use Code Section 26.575.150, Outdoor Lighting. Staff finds this criterion to be met. 2. AH exterior lighting shall be in compliance with the Outdoor Lighting Standards unless otherwise approved and noted in the .final PUD documents. Up-lighting of site.features, buildings, landscape elements, and lighting to call inordinate attention to the property ix prohibited ·for residential development. Staff Finding 7 he proposed addition to the building and the new playground area is required to meet the City of Aspen Lighting Code as is set forth in Land Use Code Section 26.575.150. Outdoor Lighting. Staff finds this criterion to be met. G. Common Park, Open Space, or Recreation Area: If the proposed development includes a common park, open space, or recreation area.for the mutual benefit of all development in the proposed PUD, the.ft}lic,wing criteria shall be met: 1. The proposed amount, location, and design o.f the common park, open space, or recreation area enhances the character of the proposed development, considering existing and proposed structures and natural landscape features of the property, provides visual relief to the property's built form, and is available to the mutual benefit of the various land uses and property users of the PUD. Staff Finding The playground that is to be updated is to be subdivided off from the remainder of the Centennial property and dedicated to the City as a Public Park. Therefore, the Park will be allowed to be used by anyone that would like to use it. Staff finds this criterion to be met. 2. A proportionate, undivided interest in all common park and recreation areas is deeded in perpetuity (not .for a number of years) to each lot or dwelling unit owner within the PUD or ownership is proposed in a similar manner. Staff Finding The playground that is to be updated is to be subdivided off from the remainder of the Centennial property and dedicated to the City as a Public Park. Therefore, the Park will be allowed to be used by anyone that would like to use it. Staff finds this criterion to be met. 3. There is proposed an adequate assurance through legal instrument .for the permanent care and maintenance of open spaces, recreation areas, and shared .facilities together with a deed restriction against .future residential, commercial, or industrial development. -15- Staff Finding The playground that is to be updated is to be subdivided off from the remainder of the Centennial property and dedicated to the City as a Public Park. Thus. the City will take over maintenance of the park to ensure that permanent care is provided to the park. Staff finds this criterion to be met. H. Utilities and Public Facilities: The purpose O.f this standard is to ensure the development does not impose any undue burden on the City's infrastructure capabilities and that the public does not incur an unjusti.tied .financial burden. The proposed utilities and public .facilities associated with the development shall comply with the following: 1. Adequate public infrastructure facilities exist to accommodate the development. Staff Finding Staff believes that sufficient public infrastructure exists to construct the proposed unit as was approved in Planning and Zoning Commission Resolution No. 12. Series of 2003. Additionally, the Aspen Fire Marshall, City Water Department, City Streets Department. and a representative from the Aspen Consolidated Sanitation District reviewed the application and indicated that there were sufficient public infrastructure facilities to accommodate the proposal. Staff finds this criterion to be met. 2. Adverse impacts mi public infrastructure by the development will be mitigated by the necessary improvements at the sole cost o.1 the developer. Staff Finding The utilities and public infrastructure on the site are existing. Staff believes that the proposed amendment will not place a greater demand on the utilities or site improvements than currently exists. The City Water Department and the Aspen Sanitatio11 District have reviewed the proposal and feel that adequate services exist to serve the proposed expansion of one (1) model unit/affordable housing unit. Staff finds this criterion to be met. 3. Oversized utilities, public facilities, or site improvements are provided appropriately and where the developer is reimbursed proportionately for the additional improvement. Staff Finding The Applicant is not proposing to install oversized utilities or public facilities and it is not anticipated that the applicant will be required by the City to provide oversized utilities. Staff does not find this criterion to be applicable to this application. I. Access and Circulation (Only standards 1&2 apply to Minor PUD applications): The purpose of this standard is to ensure the development is easily accessible, does not unduly burden the surrounding road network, provides adequate pedestrian and recreational trail facilities and minimizes the use o.f security - 16 - gates. The proposed access and circulation of the development shall meet the foHowing criteria: 1. Each lot, structure, or other land use within the PUD has adequate access to a public street either directly or through and approved private road, a pedestrian way. or other area dedicated to public or private use. Staff Finding Both the addition of a unit to the complex and the dedication of the playground as a public park are not anticipated to be coiisiderable traffic generators and it has been determined by the Fire Marshall and the City of Aspen Engineering Department that adequate vehicular access currently exists to accommodate both requests. Additionally, the Parks Department has proposed to improve the pedestrian access to the park. Therefore. staff finds this criterion to be met. 2. The proposed development, vehicular access points, and parking arrangement do not create traffic congestion on the roads surrounding the proposed development, or such surrounding roads are proposed to be improved to accommodate the development. Staff Finding Staff feels that sufficient parking currently exists within the development to accommodate the addition of an affordable housing unit as has been previously detailed in this memorandum. Additionally. staff believes that the proposed public park will not be a large traffic generator due to the fact that the existing playground is already open to the public iii that Centennial does not currently restrict the use of the playground to just it's residents. Staff finds this criterion to be met. J. Phasing of Development Plan. The purpose of these criteria is to ensure partially completed projects do not create an unnecessary burden on the public or surrounding property owners and impacts of an individual phase are mitigated adequately. If phasing of the development plan ix proposed, each phase shall be defined in the adopted final PUD development plan. The phasing plan shall comply with the-following: 1. AH phases, including the initial phase, shall be designed to function as a complete development and shall not be reliant on subsequent phases. 1. The phasing plan describes physical areas insulating, to the extent practical, occupants of initial phases -from the construction Of later phases. 3. The proposed pbasing plan ensures the necessary or proportionate improvements to public facilities, payment of impact fees and fees-in-lieu, construction of any .facilities to be used jointly by residents of the PUD, construction of any required af.fordable housing, and any mitigation measures are realized concurrent or prior to the respective impacts associated with the phase. -17- Staff Finding The Applicant is not proposing to phase the proposed construction. Therefore. staff finds tliis criterion not to be applicable. -18- Subdivision 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. A. General Requirements: 1. The proposed subdivision shall be consistent with the Aspen Area Comprehensive Plan. Staff Finding The proposed subdivision request is intended solely to allow for the playground to be parceled off from the remainder of the Centennial property so that it may be dedicated to the City as a public park. In reviewing the request to subdivide the playground off from the remainder of the Centennial property and create a public park, staff believes that the request is consistent with the AACP's Parks and Open Space Policy of furthering the growth and development of outdoor recreation through expanded partnerships among government agencies. non-profit organizations, and the general citizenry by providing an additional public park for the citizenry of the neighborhood to utilize. Additionally, staff believes that the proposal supports the AACP's goal of improving the publics access to parks and recreation facilities by providing a public park in an area of town tliat is densely populated. 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 The area of Centennial that is to be subdivided off from the remainder of the property is already a playground area. Therefore, staff believes that the inteiided park use of the parcel is consistent with that of the existing playground use. Additionally, staff believes that the park use complements the densely populated affordable housing complexes that exist in the immediate 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 believe that the proposed subdivision will adversely affect the development of the surrounding areas. Staff feels that the subdivision request to dedicate the existing playground as a public park will actually enhance the area because the playground will be updated with new playground equipment. Staff finds this criterion to be met. 4. The proposed subdivision shall be in compliance with all applicable requirements Of this Title. - 19 - Staff Finding Staff believes that the proposed Sllbdivision will create a conforming lot in that the minimum lot size for the proposed park is to be established through the requested PUD amendment. In addition. the public park is proposed to be rezoned to the Park Zone District in conjunction with this subdivision request, which will allow for the proposed park to be a permitted use. Staff finds this criterion to be met. B. Suitability of Landfor Subdivision a. Land suitability. The proposed subdivision shall not be located on land unsuitable for development because offloo(ling, drainage, rock or soil creep, mt'(Wow, 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 shail not be designed to create spatial patterns that cause inejjiciencies, duplication or premature extension of public facilities and unnecessary public costs. Staff Finding Staff believes that the proposed subdivision request to parcel off the existing playground and dedicate it to the City as a public park will not require any extension of public facilities or unnecessary public costs. Moreover, staff feels that the land proposed to be subdivided is suitable for the development of a park and will not be harmful to the health. safety, or welfare of the citizenry that will use it. Staff finds this criterion to be met. C. Improvements. The improvements setforth at Chapter 26.580 shall be provided for the proposed subdivision. These standards may be varied by special review (See, Chapter 26.430) ifthefollowing conditions have been met: 1. A unique situation exists for the development where strict adherence to the subdivision design standards would result iii 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 providejustificationfor each variation request, providing design recommendations by professional engineers as necessary. Staff Finding The Parks Department and the Applicant will install the improvements necessary for the playground as part of the site redevelopment. Staff finds this criterion to be met. D. Affordable housing. A subdivision which is comprised of replacement dwelling tinits shall be required to provide affordable housing in compliance with the requirements of Chapter 26.520, Replacement Housing Program. A subdivision - 20 - which is comprised of new dwelling units shelli be required to provide affordable housing in compliance with the requirements of Chapter 26.470, Growth Management Quota System. Staff Finding As part of the proposed subdivision request, the Applicant has not proposed to construct either a residential unit or a commercial space that would require a GMOS exemption or an allotment for the property being subdivided. The development of a park does not require a GMQS allotment. Staff finds this criterion not to be applicable to this application. E. School Land Dedication. Compliance with the School Land Dedication Standards set forth at Chapter 26.630. Staff Finding The development of a park on the land to be subdivided off from the Centennial property does not include the development of a residential unit; and therefore. school land dedication is not required in relation to this subdivision application. Staff finds that this criterion is not applicable to this application. 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 parceks) zoned Affordable Housing Planned Unit Development (AII-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, § 2j Staff Finding The development of a park does not require a GMOS allotment. Staff finds this criterion not to be applicable to this application. - 21 - REZONING REVIEW CRITERIA & STAFF FINDINGS Pursuant to Land Use Code Section 26.310, iii reviewing an application for an amendment to the official zone district map, the Planning and Zoning Commission and City Council shall consider the following: 1. Whether the proposed amendment is in conjlict with any applicable portions of this Title. Staff Finding Staff does not feel that the proposed rezoning application of the park parcel to the Park Zone District is in conflict with the City of Aspen land use code requirements in any manner. The proposed rezoning application will not create any non-conformities because the dimensional requirements for the lot that is to be created for the park is to be established through the PUD amendment that is being reviewed simultaneously. Staff finds this criterion to be met. 2. Whether the proposed amendment is consistent with all elements Of the Aspen Area Community Plan. Staff Finding Staff believes that the proposed rezoning application is consistent with the AACP in that it will properly zone the public park that is proposed to be dedicated to the City. Additionally, the playground that is to be refurbished and dedicated to the city as a public park meets several of the AACP's goals that are set forth in the Parks, Open Space, and the Environment section as was detailed previously in staffs response to Criterion No. 1 in the Subdivision portion o f the staff findings. Staff finds this criterion to be met. 3. Whether the proposed amendment is compatible with the surrounding zone districts and land uses, considering existing land use and neighborhood characteristics. Staff Finding The proposed application to subdivide and rezone the existing playground will not substantially change the existing land use in that the existing playground is already used by the neighborhood in general because Centennial does not currently restrict use of the playground to people that live in Centennial. The playground has been existence for a long period of time in this location and staff believes that the proposed designation as a public park complements the densely populated multi-family housing in the immediate vicinity. Staff finds this criterion to be met. 4. The effect of the proposed amendment on traffic generation and road safety. -22- Staff Finding Staff does 11Ot believe that the refurbishment and the conversion of the existing playground to a public park will be a large traffic generator. As has been stated throughout the memo. the existing playground is already available for use by the general public in that Centennial does not currently restrict its use. Therefore, staff does not expect a large increase in the number of visitors to the park. Additionally. the City Engineer and the Parks Department believe that there are sufficient roads to satisfy the proposed request. Staff finds this criterion to be met. 5. Whether the extent to which the proposed amendment would result in demands on public facilities, and whether and the extent to which the proposed amendment would exceed the capacity of such public facilities, including but not limited to transportation facilities, sewage facilities, water supply, parks, drainage, schools, and emergency medical facilities. Staff Finding Staff does not believe that the proposed rezoning application would exceed the capacity o f the existing public facilities in the area. Staff finds this criterion to be met. 6. Whether and the extent to which the proposed amendment would result in significantly adverse impacts on the natural environment. Staff Finding Staff does not believe that the proposal to rezone the playground parcel to the Park Zone District would have an adverse impact on the natural environment. Staff feels that maintenance of the playground should improve by the City taking it over and that the natural environment would benefit from the increased landscaping that the Parks Department is proposing. Staff finds this criterion to be met. 7. Whether the proposed amendment is consistent and compatible with the community character of the City of Aspen. Staff Finding Staff believes that the proposed rezoning is consistent and compatible with the community character of Aspen. Staff feels that the proposed amendment is consistent with the goals of the AAC P as is detailed in Criterion No. 1 in the rezoning review standards. Staff finds this criterion to be met. 8. Whether there have been changed conditions affecting the subject parcel or the surrounding neighborhood which support the proposed amendment. - 23 - Staff Finding Staff believes that there have been changed conditions in relation to the condition of the playground equipment on the site. The playground equipment needs refurbished and the Applicant has chosen to ask the Parks Department if the would like to take the site on as a public park. Therefore, the requested zoning change is necessary for the park to be dedicated as a City park. Staff finds this criterion to be met. 9. Whether the proposed amendment would be in conflict with the public interest and whether it is in harmony with the purpose and intent Of this Title. Staff Finding Staff does not believe that the proposed rezoning application in itself is in conflict with the public interest or the intent of the land use code. Staff believes that the proposed public park will enhance the experience of patrons to the playground by providing for improved facilities and maintenance of the playground. Staff finds this criterion to be niet. - 24 - GMQS E\EMPTIONS Review Criteria & Staff Findings Section 26.470.070(J), Affordable Housing GMQS Exemption Section 26.470.070(J) of the Regulations provides that, "All affordable housing deed restricted in accordance with the housing guidelines of the City Council and its housing " designee shall be exempt [from the GMQS scoring and competition procedures]. Review is by City Council. The section goes on to state that, The review of any request for exemption of housing pursuant to this Section shall include a determination of the City's need for such housing, considering the proposed development's compliance with an adopted housing plan, the number Of dwelling units proposed and their location, the type of dwelling units proposed, specifically regarding the number of bedrooms in each unit, the size of the dwelling unit, the rental/sale mix of the proposed development, and the proposed price categories to which the dwelling units are to be deed restricted. Staff Finding The Planning Staff believes that the review of the proposed use of the approved model unit as a deed restricted affordable housing unit, with the income and asset restriction waivers proposed by the Applicant. is primarily a housing policy related issue. With that being the case. the Ilousing Authority Staff has reviewed the request and recommended that the application be approved as proposed. Additionally, staff feels that there certainly still is a need for the development of affordable housing in that we are still under the projected need of 800 to 1300 additional affordable housing units that is set forth in the 2000 Aspen Area Community Plan's Housing Policies. Moreover, staff believes that the proposed site is located in an appropriate location for the development of affordable housing in that it is in close proximity to the commercial core and well within the Urban Growth Boundary as is mandated by the AACP. Staff finds this criterion to be met. - 25 - John Niewoehner, 04:27 PM 09/03/2003 , 9/3/03 DRC Minutes: Centennial Model Unit C... Page 1 of 2 1 1 1 4/4 E XM j lail L X-Sender: johnn@comdev X-Mailer: QUALCOMM Windows Eudora Pro Version 4.2.2 Date: Wed, 03 Sep 2003 16:27:21 -0600 To: jerryn@ci.aspen.co.us, nicka@ci.aspen.co.us, timw@ci.aspen.co.us, juliew@ci.aspen.co.us, philo@ci.aspen.co.us, chrisb@ci.aspen.co.us. cindye@ci.aspen.co.us, amyg@ci.aspen.co.us, edv@ci.aspen.co.us, stephenk@ci.aspen.co.us, jackiel@ci.aspen.co.us, joycea@ci.aspen.co.us, jamesl@ci.aspen.co.us, lindach@ci.aspen. co.us, benl@ci.aspen.co.us, stephene@ci.aspen.co.us, johnk@ci.aspen.co.us, jeffw@ci.aspen.co.us, denism@ci.aspen.co.us, randyr@ci.aspen.co.us, richardg@ci.aspen.co.us, tbracewell@aspensan. com, lynnb@ci.aspen.co.us, victoria@ci.aspen.co.us, chrisb@ci.aspen.co.us, saraho@ci.aspen.co.us, brianf@ci.aspen.co.us, jannette@ci.aspen.co.us, scottw@ci.aspen. co.us, victoria@ci.aspen.co.us From: John Niewoehner <johnn@ci.aspen.co.us> Subject: 9/3/03 DRC Minutes: Centennial Model Unit & City Park 9/3/03 DRC Minutes: Centennial Model Unit and Donation of Park to City Attendees: *James Lindt, Com-Dev Planner *Tom Bracewell, Sanitation District *Brian Flynn, Parks *Nick Adeh, City Engineer *John Niewoehner, DRC Coordinator *Alan Richman, Applicant's Representative Overview: The owners of Centennial Townhomes have a two-part application with the City. The first part ofthe application is to request a PUD change to allow short-time Centennial contractors the use of a model apartment for temporary housing. If this is approved, water and sewer services would have to be installed in the model unit. The amount of time that contractors could stay in the model unit will be restricted. Secondly, Centennial proposes to give the City an existing playground area on the corner of Park Circle and Brown Lane (approx 6000 sf). Prior to giving the land to the City, Centennial plans to make improvements to the playground (not to exceed $25,000). Sanitation District Comments: With regard to the model unit, ASCD needs to see building plans in order to access fees. Parks Department: (all comments pertain to the proposed park) * Actual boundaries of the proposed City Park need to be determined. * Agreement between the City and Centennial will need to delineate the responsibilities for future maintenance of sidewalk, curb and gutter, and street landscaping. Furthermore, the Agreement will need to discuss the arrangement for park irrigation water and any liability issues. * A preliminary plan will be developed for review by P& Z and City Council. If this preliminary plan is approved by a City Council, a subdivision plat will be created for recordation. * Potentially, utility easements will be needed across the proposed park. These easement will need to be shown on the preliminary plan and future plat. Printed for James Lindt <jamesl@ci.aspen.co.us> 09/03/2003 John Niewoehner, 04:27 PM 09/03/2003,9/3/03 DRC Minutes: Centennial Model Unit C... Page 2 of 2 Engineering Department: Typically, the owner of the property is responsible for the maintenance of the sidewalk, curb and gutter, and landscape island abutting the owner's property. Although the proposed City Park may abut the ROW, Centennial may decide to continue maintaining the ROW landscaping, sidewalk, curb and gutter. If. on the other hand, the City does take over the responsibility for maintaining the elements in the ROW adjacent to the park, the City needs to inspect these elements prior to accepting responsibility for future maintenance. Com-Dev Department: * As part of the process, the proposed park should be re-zoned as 'park'. * The applicant should document that adequate parking exists for the additional unit created by converting the model unit to a unit to be used by Centennial contractors. Please let me know if you have any additional comments on this proposal. - - John N. John Niewoehner Community Development Engineer City of Aspen 130 S. Galena St. Aspen CO 81611 920-5104 www.aspenpitkin.com Printed for James Lindt <jamesl@ci.aspen.co.us> 09/03/2003 MEMORANDUM TO: James Lindt, Community Development FROM: C indy Christensen, Operations Manager DATE: September 29,2003 RE: Centennial PUD Amendment, Subdivision and GMQS Exemption Parcel ID No. 2737-074-27-701 The applicant is requesting approval to use the model unit that was previously approved to accommodate other uses (temporary, transient housing for contract employees, long-term employee housing). The applicant proposes to place a deed restriction on the model unit stating that if the unit is rented or if it is sold, it will be subject to the same limitations as have been placed on the other rental or sale units in the Centennial project. If approved, it would bring deed-restricted units up to 241 at Centennial. The deed restriction should include the following limitations: • Occupancy of the unit will be limited to no more than 60 days per year, including no more than 15 days during any month and no more than 10 consecutive days at any time. No rent will be permitted to be charged for this occupancy. • The applicant will submit a quarterly report to the Aspen/Pitkin County Housing Authority detailing who has occupied the unit and on what dates it has been occupied during the past quarter. The deed restriction should include these two limitations along with what is already stipulated for the other 240 units, which would place a Category 3 deed restriction on this unit. The main intent of this unit is to be utilized as a model for potential renters. The minimal use to be occupied by specific employees of the owner as necessary is not the reasoning behind the request to add this unit into the housing inventory. This unit only helps in keeping costs down for the owner in order to maintain the property to its highest standards and as a viable rental deed-restricted property. If in the future the owner desires to subdivide and sell all the rental units, this additional unit would be added into the ownership inventory. RECOMMENDATION: Staff would recommend approval of this request with the deed restriction to include all the requirements as stipulated in the current restriction, plus the additional conditions stated above. The reasoning for the approval is two-fold: 1) an additional category unit is added to the housing inventory; and 2) there are other deed-restricted units that allow for the tlexibility of an employer to place an employee of his choice in a unit and waive the income and asset requirements. 2 4 * EMA, b if_ g t:Ki'54 (06 PCAy 6 eA LA»ul- , Fhf:T-Ke WT-s < . 22#170527-72.0«mwz77/«-- ------ \ _Mi N i *COM-_ OLL ZOAES {?7>M - rhfoste Ege,Wst OW * - 1% . ,<in i 3· 4. 11 ff--089*47 ©44¥Map 1 1, 1 1 , I /+ I 1 - y / + . 23-0-X + --t 2<4. /yx -2/*rDA€Leci- . 1/ 0 + PH)POW¢? _20&26?N;;0:;m=:1-- + 9 /~1 06*2Lm2. 9ER,WAG r-L + (\L> f. 37%9?225 h,m© _LIE- 14 12*E--0~*neE/fer--reval - O OR 0 #- P-7-U A- F D B 5 1 4 6/ _t~'2*W*__P+0>16 kbl" gu#"20~ 2-043$ 63, 7 1 7.' ~ Df- 5 t' ~ 7> EFFS-1- 12-4g-·p-f-= = =-=~ = - =- ' 2*3,11,-U-- -. / /6:=Co Lo f --0.- External Media Located Here M-004145 ~ EM'rfe 6201 ) b). f ' 79 5&£671(46 PLAY M-BA -toe"ou-7--- ----------- + pprt, Re Wvs . ~- Pufy -7779277&9- A- 7'PON>DE* .En/W€4 0 W -Ml N l MU N EZZ--,L ZOACES 39~ - - I , 1.-4 B -1131 -I -79=99~p· 3~1P;M/29·23, .-- r. 9 - \ A / 0 + \ , Y-NE 9/5/0 \ 4 74 9- i mu j 1 3 32. X X 1 +0 ~~.002**api . . -590**91£,1 1 - 0 + ~9·t:3922@*--- _ 72 e jaUZEE*OIZ22Ey + + 4 4 7 it j ' % -13 59> ,~~UN€1_3_- 2-I- ; 2@¥*FIC@23~«E;*E-74*7&54 + 1 0 0 N 6- Ip 7 U A- L- - P S 9 1 4 /~- - - - _™AA¢t//4 Puy&*«*A__ -nurteen-- rot 2-003 RESOLUTION N0.24 (SERIES OF 2003) A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING COMMISSION RECOMMENDING THAT CITY COUNCIL APPROVE A PUD AMENDMENT AND A GMQS EXEMPTION FOR THE DEVELOPMENT OF AFFORDABLE HOUSING TO THE CENTENNIAL PUD TO ALLOW FOR THE APPROVED MODEL UNIT IN BUILDING H, OF THE CENTENNIAL RENTAL HOUSING UNITS TO BE CONVERTED TO AN AFFORDABLE HOUSING UNIT; AND RECOMMENDING THAT CITY COUNCIL APPROVE A SUBDIVISION AND A REZONING REQUEST TO ALLOW FOR THE EXISTING PLAYGROUND TO BE DEDICATED AS A PUBLIC PARK, CITY OF ASPEN, PITKIN COUNTY, COLORADO. Parcel ID: 2737-074-27-701 WHEREAS, the Community Development Department received an application from Centennial Aspen II Limited Partnership, represented by Alan Richman Planning Services, requesting approval of a PUD amendment to the Centennial PUD and a GMQS exemption for the development of affordable housing to allow for the previously approved model unit iii Building H to be converted into a deed restricted employee housing unit; and a subdivision and rezoning request to allow for the existing playground area outside of Building H to be subdivided, rezoned to the Park Zone District, and dedicated to the City of Aspen as a public park; and, WHEREAS, the Planning and Zoning Commission approved the addition of a model unit to Building H of the Centennial PUD pursuant to Resolution No. 12, Series of 2003; and, WHEREAS, upon review of the application and the applicable code standards, the Housing Authority has reviewed the requested waiver of asset, residency, and income restrictions and recommended approval of such waivers with conditions; and, WHEREAS, upon review of the application and the applicable code standards, the Community Development Department recommended approval of the proposed PUD amendment, GMQS exemption, subdivision, and rezoiiing requests, with conditions; and, WHEREAS, during a duly noticed public hearing on October 21, 2003, the Planning and Zoning Commission reviewed and considered the development proposal under the applicable provisions of the Municipal Code as identified herein and approved this resolution, by a six to zero (6-0) vote; approving the proposed requests with the conditions of approval contained herein; and, WHEREAS, the Planning and Zoning Commission finds that the development proposal meets or exceeds all applicable development standards and that the approval o f 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 finds that this resolution fuithers and is necessary for the promotion ofpublic health, safety, and welfare. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ASPEN PLANNING AND ZONING COMMISSION AS FOLLOWS: Secrtion 1: Pursuant to the procedures and standards set forth in City of Aspen Land Use Code Section 26.445, Planned Unit Development, and Section 26.470.070(J), GAYQS Exemptions for affordable housing, the Planning and Zoning Commission hereby recommends that City Council approve a PUD Amendment and a GMQS exemption to allow for the previously approved model unit in Building H of the Centennial PUD to be converted into a deed- restricted affordable housing unit with the following conditions: 1. Occupancy of the unit shall be limited to no more than 60 days per year, including no more than 15 days during any month and no more than 10 consecutive days at any time until such time as the unit is either rented or until the unit is sold, either as a separate condominiumized unit or as part of the Centennial Rental Affordable Housing Complex, Upon the unit being rented or being sold with the remainder of the Centennial complex, the unit will be required to be rented or sold pursuant to the terms of the Centennial disposition and development agreement for a Category 3 unit. 2. The Applicant shall submit a quarterly report to the Aspen/Pitkin County Housing Authority detailing who has occupied the unit and on what dates it has been occupied during the past quarter. The quarterly report shall be submitted until such time as unit is rented on a full-time basis or until the unit is sold as part of the remainder ofthe Centennial Rental Complex. 3. A waiver of asset, residency, and income restrictions shall be in place until such time as the unit is rented on a full-time basis or until the unit is sold as part of the remainder of the Centennial Rental Complex. 4. Approval of this request supercedes Planning and Zoning Commission Resolution No. 12, Series of 2003 and voids Condition No. 1 and Condition No. 10 in said resolution. With the exception of Conditions 1 and 10 of Planning and Zoning Commission Resolution No. 12, Series of 2003, the conditions in said resolution remain in full effect. Section 2: The Planning and Zoning Commission hereby recommends that City Council approve the proposed subdivision request to parcel off the existing playground for the purpose of improving the playground and dedicating it to the City of Aspen as a public park, with the following conditions: 1. The Applicant shall prepare a subdivision plat to be recorded at the Pitkin County Clerk and Recorder's Office within 180 days of City Council's approval. The Applicant shall also prepare a subdivision agreement to be recorded at the Pitkin County Clerk and Recorder's Office within 180 days ofthe City Council's approval. 2. The Applicant shall continue to maintain the sidewalk that abuts Brown Lane, which is to include the portion of sidewalk that runs the length of the park parcel along Brown Lane. The Applicant shall also indemnify the City of Aspen from any liability that may result in use of said sidewalk. The City in return shall grant a pedestrian ingress and egress easement to Centennial where the sidewalk exists on the park property. The City shall take over maintenance responsibility for the sidewalk along Park Circle for the length of the park parcel' s street frontage (access road to continue to be maintained by Applicant). 3. The Parks Department shall be able to use the Centennial water system to irrigate the park at the Applicant's expense. However, the City of Aspen Parks Department shall maintain the sprinkler system within the Park Parcel. 4. This PUI) amendment shall establish the minimum lot size for the park parcel at 6,320 square feet. 5. A sign shall be erected at the sidewalk connection between the Park Circle sidewalk and the park's interior sidewalk that clearly identifies this connection as the entryway to the park. 6. Utility maintenance easements shall be granted to the utility agencies that currently have utility services located in the land to be dedicated as the park. 7. The City shall place a conservation easement over the park parcel. Section 3: The Planning and Zoning Commission hereby recommends that City Council rezone the playground parcel to be created to the Park (P) Zone District. Section 4: All material representations and commitments made by the applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the Planning and Zoning Commission or City Council, are hereby incorporated in such plan developnient approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Section 5: 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 under such prior ordinances. Section 6: 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 o f the remaining portions thereof APPROVED BY the Planning and Zoning Commission of the City of Aspen on this 21 st day of October, 2003. APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION: Cit>'~~ 4 »1012«~ Jasmine Tygre, Chair 67 © ATTEST: u.*124 , 020. ~0ckie Lothian, beputy City Clerk MEMORANDUM TO: Aspen Planning & Zoning Commission 11- dAA gowlit« 49 THRU: Joyce Allgaier, Community Development Deputy Director ~ FROM: James Lindt, Planner 31_- )45 41 ) 01 (<_ RE: Centennial PUD Amendment, Subdivision, GMQS Exemption for Affordable Housing, and Rezoning- Public Hearing - 13 yl o G DATE: October 21.2003 4-60 4-\ 1 r Rul-n PROJECT: €ENTENNIAL PUD AMENDMENT Jlpt<:2 REQUEST: The Applicant is requesting land use approvals to deed restrict the model unit that has been approved to be added to Building H as an affordable housing unit and for the ability to use the unit in the interim to occasionally house employees/contract employees of Centennial Aspen II Limited Partnership. In addition, the Applicant has proposed to improve the existing playground and dedicate it to the City of Aspen as a public park. CURRENT ZONING: R/MFA PUD LAND USE PUD Amendment, Subdivision, GMQS Exemption for the development REQUESTS: of Affordable Housing, and Rezoning STAFF Staff recommends that the Planning and Zoning Commission approve RECOMMENDATION: the proposed resolution, recommending that City Council approve the proposed request with the conditions set forth therein. BACKGROUND: The Planning and Zoning Commission approved the addition of a model unit and the reconfiguration and enlargement of the existing office space in Building H, of the Centennial PUD in May of this year pursuant to Resolution No. 12. Series of 2003. As part of this approval. it was required that the model unit not be used for residential purposes because it had not been granted a residential allotment or an exemption from the Growth Management Quota System (GMQS) to create a new residential unit. Therefore. the Applicant, Centennial Aspen II Limited Partnership, has now submitted an application requesting approval to permanently deed restrict the approved model unit as an affordable housing unit in return for the ability to allow for it to house the Applicant's employees/contract employees on a temporary basis as is detailed in the "Staff Comments" section of this memo. Additionally, the Applicant would like to pay for improvements to the existing playground area that can be seen on the site plan that is attached in the application as Exhibit '»B" and parcel it off for the purpose of dedicating it to the City as a public park. -1- (464 5004 Lic ent- . LAND USE ACTIONS REQUESTED: The Applicant is requesting the following land use actions to allow for the model unit to be deed restricted as an affordable housing unit and to allow for the parceling off of the playground area for the development of a park: • A (}MOS Exemption for the Development of Affordable Housing • Planned Unit Development Amendment • Subdivision • Rezoning The Applicant has requested that the Community Development Director combine the review of the aforementioned land use actions pursuant to Land Use Code Section 26.304.060(B)(1). Staff believes that the combination of reviews will reduce duplication iii the amount of review time and will ensure the clarity of the final decision. Therefore, the Community Development Director has approved to allow for the consolidation of reviews on this particular proposal. Thus, City Council will be the final decision- making authority on all of the land use requests associated with this proposal after considering recommendations from the Housing Authority, the Planning and Zoning Commission. and the Community Development Director. tTAFF COMMENTS REGARDING MODEL UNIT USAGE: Upon submittal of the original application to add the model unit, the Applicant indicated to staff that they wanted to use the model unit to temporarily house employees and contract employees (i.e. auditors, attorneys) when they are in town to do work on-site for Aspen Centennial II Limited Partnership. Previously. staff indicated to the Applicant that i f they wanted to use the unit in the above manner, they would have to obtain a residential allotment from the Growth Management Quota System to use the u11it for residential purposes. Alternatively, the Applicant has proposed a use plan for the unit that would convert the model unit into a permanently deed restricted employee-housing unit. Therefore, the Applicant has requested approval of GMQS exemption for the development of an affordable housing unit pursuant Land Use Code Section 26.470.070(J). In deed restricting this unit as an affordable housing unit, the Applicant would like to use the unit to house owners, and employees/contract employees such as auditors on a temporary. transient basis in addition to it's use as a model unit, until such time as it would be sold with the remainder of the Centennial property or until it would be rented as a Category Affordable Housing Unit on a year-round basis. Therefore, the Applicant has requested that the City waive income and asset restrictions on this unit, as well as the full-time employment requirement until the unit is sold as part of the larger Centennial property or rented out on a year-round basis. The Applicant has further proposed to place the following controls on the use of the unit in an attempt to ensure that it does not operate like a full-time, free market residential unit that would necessitate a free-market residential allotment: -2- o Occupancy of the unit would be limited to no more than 60 days per year. including no more than 15 days during any month and no more than 10 consecutive days at any time. o Rent could not be charged for the temporary housing of employees/contract eniployees. o The Applicant would submit a quarterly report (based on the calendar year) to the City detailing who has occupied the unit and on what dates it has been occupied during the last quarter. o Tile unit would still be used as a model unit for the remainder of the year that it is not occupied by employees/contract employees of Aspen Centennial H Limited Partnership. The Applicant has indicated that the above controls are patterned after the provisions set forth in Part V. Section 8 of the Aspen/Pitkin County Housing Guidelines that permit the short-term rental of a deed restricted ownership unit, "to faculty or employees of a non- profit organization who shall be qualified without meeting the income and asset restrictions for a short-term rental. which is defined as three months or less-. The Planning Staff believes that the manner of use of this model unit that the Applicant is proposing to convert into an affordable housing unit is primarily a matter of housing policy and whether the interim use is appropriate for an affordable housing unit under which the Applicant has applied for a GMOS exemption. The Housing Authority has reviewed the proposed use and the waiver of the income and asset restrictions of this unit as proposed by the Applicant and have expressed that they feel that the proposed interim ilse is appropriate with the conditions that are set forth in Conditions 1 thru 3 of the proposed resolution (please see the Housing Authority's comments that are attached as Exhibit '-C"). The only commentary that the Planning Staff would like to add about the iise of the 1111it is that we would rather see the subject unit ultimately be used as an affordable housing unit rather than a free market residential unit as could possibly be the case if tlie Applicant were to request approval of a GMQS allotment through the GMOS scoring systern as staff originally suggested. IMPAers RELATED TO RESIDENTIAL USE OF UNIT: As was mentioned above, the Planning Staff believes that the interim use of the unit proposed to be deed restricted as an affordable housing unit is a housing policy decision related to whether the City wishes to waive the income and asset restrictions for the unit in the interim. However, the Planning Staff does believe that mitigating the impacts of the proposed use of the affordable housing unit is a land use issue. With that being said, the Applicant was not required to provide parking for the model unit as part of it's original approval because it was not to be used for residential purposes. Staff believes that because the unit is now intended to be used iii the interim for temporary, periodic housing and ultimately as a full-time, deed restricted affordable housing unit. the parking 03 impact of the unit now needs to be addressed. According to the Applicant. Centennial currently has 221 parking spaces for the use of 148 deed restricted rental uiiits. Tlie 148 deed restricted rental units are comprised of 89 units of one or less bedrooms each and 59 units of two or more bedrooms each. The underlying Resident/Multi-Family Zoning generally requires one parking space for every unit of one bedroom or less and two (2) parking spaces for every unit of two (2) bedrooms or more. Therefore, pursuant to the underlying zoning requirements the 148 rental units would require a total of 207 parking spaces. Thus. staff believes that sufficient parking currently exists to accommodate the affordable housing use of the approved model unit. SUBDIVISION AND REZONING TO CREATE PUBLIC PARK: As was previously introduced. the Applicant would like to improve the existing playground area on the southeast side of Building H, of the Centennial Affordable Housing Complex aiid dedicate it to the City as a public park. The Applicant has been in discussions with the Parks Departnient about doing the site planning (please see the proposed site plan that is attached as Exhibit 'D") and installation of equipment for the proposed park. while the Applicant would pay for the playground equipment and provide the land. The Parks Department has indicated that they have been exploring for opportunities to develop a community park in this neighborhood for a long time and are excited about the chance to partner with the Applicant in the development of this public playground. In order to parcel the playground area off from the remainder of the Centennial property so that it nifty be dedicated and deeded to the City as a public park. the Applicant must uain subdivision and rezoning approval as they have applied for. In reviewing the subdivision request, staff believes that the proposed subdivision for the purpose of developing a public park on this site is consistent with many of the Aspen Area Community Plan (AACP) policies that are set forth in the "Parks, Open Space, and the Environment section of the plan. Additionally, because the property is zoned with a PUD overlay, the Applicant may vary the minimum lot size of the underlying R/MFA Zone District to accommodate the area of the playground. Staff further believes that the land subject to the proposed subdivision is suitable for subdivision for the development of a public park and does not contain any natural hazards that would endanger the users of the park. In total staff believes that the subdivision review standards are met by the proposal. Iii reviewing the zoning map amendment request to rezone the area to be dedicated as a public park to the Park (P) Zone District, staff believes that the use of the land will not change in all reality because the existing playground is already informally used by many of the kids that live within the area and not just those that live within the Centennial complex. Therefore. other tlian the fact that there will be new playground equipment and that it will be officially dedicated as a public park, staff does not believe that use characteristics of the land will change from it's existing state. Furthermore as was previously stated, staff feels that the proposed park use is consistent with the AACP' s Parks, Open Space. and Environmental" policies. In addition, staff believes that the -4- Park Zone District is the most appropriate zoning for a Public Park or Public Open-use recreational facility. UTHERISSUES: ANNEXATION CLEAN UP: Recently. staff had thought that there might have been an oversight in the annexation of Centennial Development in the 1980's that would have left a portion of the Centennial development outside of the City limits. However, it was determined by staff during the review of this application that there was not an oversight and that the entire development is located within the City of Aspen's jurisdiction. This was determined iii reviewing Assessor's records and archived zoning ordinances for the area in question. ACCESS EASEMENT CLAIM: A neighboring property owner has made claims to staff that there may be an access easenient for her property across the area that is proposed for the public park. The Applicant has indicated that this is a false claim. Staff believes that the subdivision plat that is required to be filed pursuant to Condition No. 1 in the proposed resolution will show any encumbrances that may exist on the property prior to the City of Aspen accepting the land dedication. That being said. staff is not overly concerned about this issue. However. if the Planning and Zoning Commission is concerned that the City may take ownership of property that is encumbered by an access easement. the Commission could consider adding a condition that would require the Applicant to provide proof that no access easement exists on the park property prior to accepting the land dedication. REFERRAL AGENCY ISSUES: The Parks Department did express that they do not wish to take on responsibility for maintenance and/or repair of the sidewalk that abuts Brown Lane along the proposed park's street frontage. It is staff' s understanding that the Applicant has envisioned that Centennial would continue to maintain this sidewalk and indemnify the City of responsibility for the sidewalk to the satisfaction of the City Attorney. This agreement is memorialized in Condition No.2 in Section 2 of the proposed resolution. However, the Parks Department will take on responsibility for maintenance and repair of the sidewalk that abuts Park Circle along the proposed park's street frontage excluding the access road (please see the draft map attached as Exhibit "E" for delineation of responsibility related to the sidewalks). Moreover, the Planning and Zoning Commission should be aware that the sidewalk maintenance responsibilities are still being worked out between the Applicant and the City Parks Department and that the above-referenced map may change prior to final approval. Additionally, it is staffs understanding that the Parks Department will maintain the sprinkler system within the park. and that the Applicant will allow for the Parks Department to ilse Centennial's water for irrigation purposes. Moreover, it has been proposed that easements be granted through the proposed park to the utility agencies that currently have services within the park area to accommodate maintenance or replacement of said service lines. Condition No. 5 in Section 2 of the proposed resolution represents the inclusion of this request from the City Engineer. However, please also note that the -5- Applicant and the City Parks Department are still working out the details in regards to water usage. 9TAFF RECOMMENDATION: The Housing Authority has recommended that City Council approve the income and asset restriction waivers that the Applicant has proposed in the interim for the model unit that is ultimately to be converted to a permanent affordable housing unit. Additionally, the Planning Staff feels that the Applicant has appropriately accounted for the impacts of the proposed affordable housing unit. And therefore, staff believes that the proposal meets the review standards for an exemption from the Growth Management Quota System for the development of an affordable housing unit. The Planning Staff also believes that the proposed subdivision and rezoning application to improve the existing playground and dedicate it to the City of Aspen as a public park is consistent with the goals and policies of the Aspen Area Community Plan. Moreover, staff believes that the proposal meets the subdivision and rezoning review standards. RECOMMENDED MOTION: r, .1 1 move to approve Resolution No.,o< ¥ Series of 2003, recommending that City Council approve with conditions, a PUD Amendment and a GMQS Exemption for the development of affordable housing to allow for the previously approved Centennial model unit to be deed -restricted as an affordable housing unit with a waiver of the income and asset restrictions that are established in the Aspen/Pitkin County Affordable Housing Guidelines and recommending that City Council approve the subdivision and rezoning request to improve the existing playground and dedicate it to the City of Aspen as a public park." ATTACIIMENTS EXHIBIT A - REVIEW CRITERIA AND STAFF FINDINGS E\HIBIT 11 --APPLICATION EXHIBIT C -REFERRAL COMMENTS EXHIBIT D - PROPOSED PARK SITE PLAN EXIIHBIT E - SIDEWALK RESPONSIBILITY MAP -6- RESOLUTION NO. 3 4~ (SERIES OF 2003) A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING COMMISSION RECOMMENDING THAT CITY COUNCIL APPROVE A PUD AMENDMENT AND A GMQS EXEMPTION FOR THE DEVELOPMENT OF AFFORDABLE HOUSING TO THE CENTENNIAL PUD TO ALLOW FOR THE APPROVED MODEL UNIT IN BUILDING H, OF THE CENTENNIAL RENTAL HOUSING UNITS TO BE CONVERTED TO AN AFFORDABLE HOUSING UNIT; AND RECOMMENDING THAT CITY COUNCIL APPROVE A SUBDIVISION AND A REZONING REQUEST TO ALLOW FOR THE EXISTING PLAYGROUND TO BE DEDICATED AS A PUBLIC PARK, CITY OF ASPEN, PITKIN COUNTY, COLORADO. Parcel ID: 2737-074-27-701 WHEREAS, the Community Development Department received an application from Centennial Aspen Il Limited Partnership represented by Alan Richman Planning Services. requesting approval of a PUD amendment to the Centennial PUD and a GMQS exemption for the development of affordable housing to allow for the previously approved model unit in Building H to be converted into a deed restricted employee housing unit: and a subdivision and rezoning request to allow for the existing playground area outside of Building H to be subdivided, rezoned to the Park Zone District, and dedicated to the City of Aspen as a public park; and, WHEREAS, the Planning and Zoning Commission approved the addition of a model unit to Building 1-1 of the Centennial PUD pursuant to Resolution No. 12, Series of 2003: and. WHEREAS, upon review of the application and the applicable code standards, the Housing Authority has reviewed the requested waiver of asset, residency. and income restrictions and recommended approval of such waivers with conditions; and. WHEREAS, upon review of the application and the applicable code standards, the Community Development Department recommended approval of the proposed PUD amendment, GMQS exemption, subdivision, and rezoning requests. with conditions; and, WIIEREAS, during a duly noticed public hearing on October 21. 2003, the Planning and Zoning Commission reviewed and considered the development proposal under the applicable provisions of the Municipal Code as identified herein and approved this resolution. by a to (--_) vote; approving the proposed requests with the conditions of approval contained 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 Plans 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 City of Aspen Land Use Code Section 26.445. Planned Unit Development, and Section 26.470.070(J), GMQS Exemptions ®r aftbrdable housing, the Planning and Zoning Commission hereby recommends that City Council approve a PUD Amendment and a GMQS exemption to allow for the previously approved model unit in Building H of the Centennial PUD to be converted into a deed- restricted affordable housing unit with the following conditions: 1. Occupancy of the unit shall be limited to no more than 60 days per year, including no more than 15 days during any month and no more than 10.le.ed) consecutive days at any time until such time as the unit is either rented or until the unit is sold as part of the Centennial Rental Affordable Housing Complex. Upon the unit being rented or being sold with the remainder of the Centennial complex, the unit will be required to be rented pursuant to the Aspen/Pitkin County Ilousing Guidelines for a Category 3 unit. 1,7 j 490 05,1-,enA c<93<42 .1. Al- 2. The Applicant shall submit a quarterly report to the Aspen/Pitkin County Housing Authority detailing who has occupied the unit and on what dates it has been occupied during the past quarter. The quarterly report shall be submitted until such time as unit is rented on a full-time basis or until the unit is sold as part of the remainder of the Centennial Rental Complex. 3. A waiver of asset, residency, and income restrictions shall be in place until such time as the unit is rented on a full-time basis or until the unit is sold as part of the remainder of tlie Centennial Rental Complex. 4. Approval of this request supercedes Planning and Zoning Commission Resolution No. 12, Series of 2003 and voids Condition No. 1 and Condition No. 10 in said resolution. With the exception of Conditions 1 and 10 of Planning and Zoning Commission Resolution No. 12. Series of 2003. the conditions in said resolution remain in full effect. Section 2: The Planning and Zoning Commission hereby recommends that City Council approve the proposed subdivision request to parcel off the existing playground for the purpose of improving the playground and dedicating it to the City of Aspen as a public park, with the following conditions: 1. The Applicant shall prepare a subdivision plat to be recorded at the Pitkin County Clerk and Recorder's Office within 180 days of City Council's approval. The Applicant shall also prepare a subdivision agreement to be recorded at the Pitkin County Clerk and Recorder's Office within 180 days of the City Council's approval. 2. The Applicant shall continue to maintain the sidewalk that abuts Brown Lane. which is to include the portion of sidewalk that runs the length of the park parcel along Brown Lane. The Applicant shall also indemnify the City of Aspen from any liability that may result in use of said sidewalk. The City iii return shall grant a pedestrian ingress and egress easement to Centennial where the sidewalk exists on the park property. The City shall take over mai 11tenance responsibility for the sidewalk along Park Circle for the length of the park parcel's street frontage (access road to continue to be maintained by Applicant). 3. The Parks Department shall be able to use the Centennial water system to irrigate the park at the Applicant's expense. However, the City of Aspen Parks Department shall maintain the sprinkler system within the Park Parcel. 4. This PUD amendment shall establish the minimum lot size for the park parcel at 6.320 square feet. 5. A sign shall be erected at the sidewalk connection between the Park Circle sidewalk and the park's interior sidewalk that clearly identifies this connection as the entryway to the park. 6. Utility maintenance easements shall be granted to the utility agencies that currently have utility services located in the land to be dedicated as the park. 7. The City shall place a conservation easement over the park parcel. Section 3: The Planning and Zoning Commission hereby recommends that City Council rezone the playground parcel to be created to the Park (P) Zone District. Section 4: All material representations and commitments made by the applicant pursuant to the development proposal approvals as herein awarded, whether iii public hearing or documentation preseiited before the Planning and Zoning Commission or City Council. are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. ,Section 5: 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 under such prior ordinances. Section 6: 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 ofthe remaining portions thereof. APPROVED BY the Planning and Zoning Commission of the City of Aspen on this 21 st day o f October. 2003. APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION: City Attorney Jasmine Tygre, Chair ATTEST: Jackie Lothian, Deputy City Clerk EXHIBITA PLANNED UNIT DEVELOPMENT (PUD) AMENDMENT Review Criteria & Staff Findings SECTION 26.445.050, REVIEW STANDARDS: PUD AMENDMENT Section 26.445.050 of the Regulations provides that development applications for a PUD amendment must comply with the following standards and requirements. A. General Requirements. 1. The proposed development shall be consistent with the Aspen Area Community Plan. Staff Finding Staff believes that the proposal is consistent with the objectives of the Aspen Area Community Plan. The Applicant has appropriately proposed to develop an affordable housing unit well within the Urban Growth Boundary and in close proximity to the Commercial Core of the City as is consistent with the housing policies that are set forth in the AACP. In addition, the Interim Aspen Area Citizen Housing Plan states that citizen housing should be provided within the metro area and in close proximity to public mass transit as the proposed development is. Moreover, the proposal encourages the private sectors participation iii the development of affordable housing iii long run by providing a voluntary affordable housing unit. Furthermore, the Housing Authority reviewed the use of the unit and recommended that City Council approve the waiver of the income and asset restrictions for the unit as the Applicant has proposed. 1n reviewing the portion of the application that requests approval to improve the playground facility and dedicate it as a public park, staff feels that it meets many of the Aspen Area Community Plan's objectives relating to providing additional recreational opportunities to the citizens of Aspen. Staff finds this criterion to be met. 2. The proposed development shall be consistent with the character of existing land uses in the sun'ounding area. Staff Finding Staff believes that the proposal is consistent with tile on-site operations of the rental housing units at Centennial. The primary land use in the immediate vicinity is affordable housing units. And therefore, because the Aspen/Pitkin County Housing Authority has recommended that the terms of the affordable housing/model units use as proposed by the Applicant are appropriate, the Planning Staff feels that the proposed request is consistent with the surrounding land uses. Additionally, staff believes that the park refurbishment is consistent with the existing playground use on the land. Staff finds this criterion to be met. -7- 3. The proposed development shall not adversely affect the.future development of the surrounding area. Staff Finding Staff does not believe that the proposal will adversely affect the future development of the surrounding area in any way. The unit to be converted into an affordable housing unit is already approved to be built and the use of the unit should not affect the surrounding properties. Additionally, staff feels that the proposed public park will enhance the neighborhood by providing additional quality recreational opportunities. Staff finds tllis criterion to be met. 4. The proposed development has either been granted GMQS allotments, is exempt .from GMQS, or GMQS allotments are available to accommodate the proposed development and will be considered prior to, or in combination with,final PUD development plan review. Staff Finding The Applicant has requested approval of a GMQS exemption to develop the approved model unit as an affordable housing unit pursuant to Land Use Code Section 16.470.07001 GMQS Exemption ®r Affordat)le Housing. Please see the staffs responses to the review standards for the GMQS exemption for affordable housing. B Establishment of Dimensional Requirements: The.final PUD development plans shall establish the dimensional requirements.for all properties within the PUD. The dimensional requirements of the underlying zone district shall be uNed as a guide in determining the appropriate dimensions for the PUD. During review of the proposed dimensional requirements, compatibility with surrounding land uses and existing development patterns shall be emphasized. 1.The proposed dimensional requirements.for the subject property are appropriate (ind compatible with the following influences on the property: a) The character of, and compatibility with, existing and expected .future land uses in the surrounding area. b) Natural and man-made hazards. c) Existing natural characteristics of the property and surrounding area such as steep slopes, waterways, shade, and significant vegetation and landforms. d) Existing and proposed man-made characteristics of the property and the surrounding area such as noise, traffic, transit, pedestrian circulation, parking, and historical resources. Staff Finding The Applicant has already gained approval to construct the model unit that is proposed to be converted to an affordable housing unit by this application. During the review of the previous PUD amendment request to construct the model unit. it was determined by the Planning and Zoning Commission and staff that the model unit was compatible in regards to tlie dimensional requirements and their relation to the structures in the Surrounding -8- area. However. staff does believe that converting the model unit into an affordable housing unit would have a possible impact on Centennial's off-street parking situation. and thus, staff has asked the Applicant to provide a parking analysis. The parking analysis provided by the Applicant indicates that there are currently 221 parking space for the 148 deed restricted rental units within the development. It was determined by staff that the underlying zoning would require a total of 207 parking spaces for the 148 rental units because 89 of the units contain one bedroom or less and only 59 of the units have two (2) bedrooms or more. Thus, staff believes that sufficient off-street parkiiig currently exists to accommodate the addition of an affordable housing unit based on the parking surplus of fourteen (14) parking spaces. In addition, staff believes that the proposed public park will operate fairly similar to the existing playground in that it is already used by the majority of the kids in the area because Centennial does not currently restrict it's use. Therefore, staff does not anticipate that the proposal to dedicate the playground area as a public park as being a traffic generation or a parking issue. Staff finds this criterion to be met. 2. The proposed dimensional requirements permit a settle, massing, and quantity Of open space and site coverage appropriate and .favorable to the character of the proposed PUD and of the surrounding area. StaIT Finding The scale and massing of the model unit was already reviewed and approved by the Planning and Zoning Commission when it was approved to be constructed. And because there will be no changes to the exterior of this unit as a result of the proposed request. staff believes that the scale and massing of the building are still appropriate and consistent with character of the PUD and surrounding area. Staff finds this criterion to be met. 3. The appropriate number of off-street parking spaces shall be established based on theD,Ilowing considerations: a) The probable number of cars used by those using the proposed development including any non-residential land uses. b) The varying time periods of use, whenever joint use of common parking is proposed c) The availability of ptiblic transit and other transportation facilities, including those for pedestrian access and/or the commitment to utilize automobile disincentive techniques in the proposed development. cl) The proximity of the proposed development to tile commercial core ancl general activity centers in the city. Staff Finding The Applicant has included a parking study as part of the application. Staff believes that this parking study shows that there is currently sufficient parking to accoinmodate the addition o f an occupied affordable housing unit as is detailed in staffs response to Review- Standard No. 1 above. Iii regards to the park, staff feels that the proposed public park will not really cause parking or traffic generation issue because the existing playground is already essentially open to the public in that Centennial does not currently -9- restrict the use of it. Additionally, staff does not believe that the park will be a considerable parking generator. Therefore. staff finds this criterion to be met. 4. The maximum allowable density within a PUD may be reduced if there exists insufficient infrastructure capabilities. Specifically, the maximum density of a PUD may be reduced if: a) There is not sufficient water pressure, drainage capabilities, or other utilities to service the proposed development. b) There are not adequate roads to ensure fire protection, snow removal, and road maintenance to the proposed development. Staff Finding Staff Applicant is not requesting to reduce the maximum allowable density within the PUD. In addition. the City of Aspen Fire Marshall, Water Department Director. and a representative from the Aspen Consolidated Sanitation District have reviewed the proposal and feel that there are sufficient services to serve the additional unit. Staff finds this criterion to be met. 5. The maximum allowable density within a PUD may be reduced ifthere exists natural hazards or critical natural site features. Specifically, the maxinium density o.f a PUD may be reduced if: a) The land is not suitable for the proposed development because of ground instability or the possibility of mudflow, rock falls or avalanche dangers. b) The effects of the proposed development are detrimental to the natural watershed, due to runoff, drainage, soil erosion, and consequent water pollution. c) The proposed development will have a pernicious effect on air quality iii the surrounding area and the City. d) The design and location of any proposed structure, road, driveway, or trail in the proposed development is not compatible with the terrain or causes harmful disturbance to critical natural features of the site. Staff Finding The Applicant is not proposing to reduce the maximum allowable density within the PUD. Additionally. staff believes that the proposal to create a public park will not put the visitors of the park in danger because there are no known geologic hazards associated with the site. Staff finds this criterion to be met. 6. The niaximum allowable density within a PUD may be increased if there exists a significant community goal to be achieved through such increase and the development pattern is compatible with its surrounding development patterns and with the site's physical constraints. Specifically, the maximum density qf a PUD may be increased if: a) The increase in density serves one or more goals Of the community as expressed in the Aspen Area Community Plan (AACP) or a specific area plan to which the property is subject. - 10 - b) The site's physical capabilities can accommodate additional density and there exists no negative physical cliaracteristics of the site, as identified in subparagraphs 4 and 5, above, those areas can be avoided, or those characteristics mitigated. c) The increase in maximum density results in a development pattern compatible with, and complimentary to, the surrounding existing and expected development pattern, land uses, and characteristics. Staff Finding The Applicant is requesting to increase the allowable density within the PUD by converting the approved model unit into a deed restricted affordable housing unit. Staff believes that the proposal to convert the approved model unit into an affordable housing unit promotes several of the AACP's goals relating to affordable housing (please see staff's response to PUD Criterion No. 1 for specific examples). Moreover. staff believes that tile site can accommodate the impacts of the additional affordable housing unit and that the unit is consistent with the affordable housing use that exists throughout the immediate area. Staff finds this criterion to be met. B. Site Design: The purpose of this standard is to ensure the PUD enhances public spaces, is coniplimentary to the site's natural and man-made features and the adjacent public spaces, and ensures the public's health and safety. The proposed development shall comply with the.following: 1. Existing natural or man-made features of the site which are unique, provide visual interest or a speci.fic reference to the past, or contribute to the identity of the town are preserved or enhanced in an appropriate manner. Staff Finding The addition of the 111odel unit was already approved and there are no changes proposed to the exterior of the structure. Additionally. staff believes that the public park that is proposed will enhance the site's natural and man-made characteristics by providing for updated playground equipment. Therefore, staff finds this criterion to be met. 2. Structures have been clustered to appropriately preserve significant open xpaces and vistas. Staff Finding The model unit/affordable housing unit to be constructed was already approved to be built pursuant to Planning and Zoning Commission Resolution No. 12, Series of 2003. Therefore. there is no new physical development proposed for this site iii this application other than the new playground equipment, which staff does not think will significantly block any views more than the existing playground equipment. Staff finds this criterion to be met. - 11 - 3. Structures are appropriately oriented to public streets, contribute to the urban or rural context where appropriate, and provide visual interest and engagement of vehicular and pedestrian movement. Staff Finding There are no new structures proposed as part of this development application other than the new playground equipment. Therefore. staff finds this criterion not to be applicable to this application. 4. Buildings and access ways are appropriately arranged to allow emergency, and service vehicle access. Staff Finding There is 110 physical change to the structure that was not already approved as part of Planning and Zoning Commission Resolution No. 12. Series of 2003 other than the replacement of the playground equipment. Furthermore. the Fire Marshall and the Building Department have reviewed the proposal and have expressed that there is adequate emergency access. Staff finds this criterion to be met. 5. Adequate pedestrian and handicapped access is provided. Staff Finding According to the Building Department, the conversion of the model unit to an affordable housing unit will not require accessibility. In addition, the Parks Department has proposed to meet the ADA requirements for access to the park when designing the park. Staff finds this criterion to be met. 6. Site drainage is accommodatedfor the proposed development in a practical and reasonable manner and shall not negatively impact Nurrounding properties. Staff Finding The City Engineering Department will require a drainage plan at the time of building permit submittal for the affordable housing unit. The drainage plan shall be required to demonstrate that there will be increase in the historic run-off on the property. Staff finds this criterion to be met. 7. For non-residential land uses, spaces between buildings are appropriately de-signed to accommodate any programmatic.functions associated with the use. Staff Finding The Applicant is not proposing to construct any non-residential land uses on the site other than the new playground equipment. Staff finds that this criterion is not applicable to this application. - 12 - C. Landscape Plan: The purpose of this standard is to ensure compatibility of the proposed landscape with the visual character of the city, with surrounding parcels, and with existing and proposed features of the subject property. The proposed development shall coniply with thefollowing: 1. The landscape plan exhibits a well designed treatment of exterior spaces, preserving existing significant vegetation, and provides an ample quantity and variety ofornamental plant species suitable for the Aspen area climate. Staff Finding There are two small Aspen trees that are to be relocated for the construction of the model unit/affordable housing unit; however, the construction of the model unit was already approved pursuant to Planning and Zoning Commission Resolution No. 12, Series of 2003 and thus, the tree relocation was already approved. Additionally, the Parks Department is in the process of developing a landscaping plan for the public park. The Parks Department has indicated to staff that they intend on using a mix of species that are suitable for the Aspen area climate. Staff finds this criterion to be met. 2. Significant existing natural and man-made site jeatures, which provide uniqueness and interest in the landscape, are preserved or enhanced in an appropriate nianner. Staff Finding Staff does not believe tliat there are any significant natural and man-made site features that would be disturbed by the proposal. Moreover. staff believes that the proposal to renovate the playground with updated equipment will enhance the playground, which is a unique man-macie site feature. Staff finds this criterion to be met. 3. The proposed method of protecting existing vegetation and other landscape .features is appropriate. Staff Finding Other than the two Aspen trees that are to be removed for the construction of the model unit/affordable housing unit, staff does not believe that there are any other trees that are close to the area of construction disturbance. Additionally, the Parks Department has indicated that they intend to appropriately protect the existing landscaping and enhance the landscaping in the playground area in redoing the playground. Staff finds this criterion to be met. D. Architectural Character: It is the purpose of this standard to encourage architectural interest, variety, character, and visual identity in the proposed development and within the City while promoting efficient use of resources. Architectural character is based upon the suitability of a building for its purposes, legibility of the building's use, the building'% proposed massing, proportion, scale, orientation to public spaces and other buildings, use of materials, and other attributes which may significantly represent the character of the proposed development. There shall be approved as part o.f the .final development plan and architectural character -13- plan, which adequately depicts the character of the proposed development. The proposed architecture of the development shall: 1. be compatible with or enhance the visual character of the city, appropriately relate to existing and proposed architecture of the property, represent a character suitable .for, and indicative of, the intended use, and respect the scale and massing of nearby historical and cultural resources. Staff Finding The exterior design of the model unit/affordable housing unit to be constructed was already approved by the Planning and Zoning Commission pursuant to Planning and Zoning Commission Resolution No. 12, Series of 2003. Therefore, this application does not request any additional alterations to the exterior o f the building. Thus, staff finds this criterion not to be applicable to this application. 2. Incorporate, to the extent practical, natural heating and cooling by taking advantage of the property's solar access, shade, and vegetation and by use of non- or less-intensive mechanical systems. Staff Finding The Applicant will be required to meet the energy code requirements of the building code in constructing the model unit/affordable housing unit. Staff finds this criterion to be met. 3. Accommodate the storage and shielding of snow, ice, and water in a safe an appropriate manner that does not require significant maintenance. Staff Finding The proposed addition to Building 11 of the Centennial Affordable Housing Complex that was approved pursuant to Planning and Zoning Commission Ordinance No. 12. Series of 2003. vastly i mproves the snow protection over the entranceways to the office and the laundry facility that exists in the basement of the building. Additionally, a drainage plan will be required to be submitted to the City Engineering Department for review at the time of building permit submittal. The drainage plan will be required to demonstrate that there will not be an increase in the amount of off-site drainage as a result of the addition to the structure. Staff finds this criterion to be met. E. Lighting: The purpose ofthis standard is to ensure the exterior of the development will be lighted in an appropriate manner considering both public safely and general aesthetic concerns. The following standards shall be accomplished: 1. All lighting ir propoxed so as to prevent direct glare or hazardous interference of any king to adjoining streets or lands. Lighting Of site .features, structures, and access ways is proposed in an appropriate manner. -14- Staff Finding The proposed addition to the building and the new playground area is required to meet the City of Aspen Lighting Code as is set forth in Land Use Code Section 26.575.150. Outdoor Lighting. Staff finds this criterion to be met. 2. All exterim· lighting shall be in compliance with the Outdoor Lighting Standards unless otherwise approved and noted in the final PUD documents. Up-lighting of site features, buildings, landscape elements, and lighting to call inordinate attention to the property k prohibited for residential development. Staff Finding The proposed addition to the building and the new playground area is required to meet the City of Aspen Lighting Code as is set forth in Land Use Code Section 26.575.150, Outdoor Lighting. Staff finds this criterion to be met. G. Common Park, Open Space, or Recreation Area: If the proposed development includes a common park, open space, or recreation area ~for the mutual benefit of all development in the proposed PUD, the following criteria shall be met: 1. The proposed amount, location, and design Of the comnion park, open space, or recreation area enhances the character of the proposed development, considering existing and proposed structures and natural landscape features of the property, provides visual relief to the property's built form. and is available to the mutual benefit Of the various land tixes and property users of the PUD. Staff Finding The playground that is to be updated is to be subdivided off from the remainder of the Centennial property and dedicated to the City as a Public Park. Therefore, the Park will be allowed to be used by anyone that would like to use it. Staff fiiids this criterion to be met. 2. A proportionate, undivided interest in all common park and recreation areas ix deeded in perpetuity (not for a number of years) to each lot m dwelling unit owner within the PUD or ownership is proposed in a similar manner. Staff Finding The playground that is to be updated is to be subdivided off from the remainder of the Centennial property and dedicated to the City as a Public Park. Therefore, the Park will be allowed to be used by anyone that would like to use it. Staff finds this criterion to be 111 et. 3. There is proposed an adequate assurance through legal instrument for the permanent care and niaintenance of open spaces, recreation areas, and shared facilities together with a deed restriction against .future residential, commercial, or industrial development. -15- Staff Finding The playground that is to be updated is to be subdivided off from the remainder of the Centennial property and dedicated to the City as a Public Park. Thus, the City will take over maintenance of the park to ensure that permanent care is provided to the park. Staft finds this criterion to be met. H. Utilities and Public Facilities: The purpose of this standard is to ensure the development does not impose any undue burden on the City's infrastructure capabilities und that the public does not incur an unjustified .financial burden. The proposed utilities and public .facilities associated with the development shall comply with the following: 1. Adequate public infrastructure facilities exist to accommodate the development. Staff Finding Staff believes that sufficient public infrastructure exists to construct the proposed unit as was approved in Planning and Zoning Coinmission Resolution No. 12. Series of 2003. Additionally, the Aspen Fire Marshall. City Water Department, City Streets Department. and a representative from the Aspen Consolidated Sanitation District reviewed the application and indicated that there were sufficient public infrastructure facilities to accommodate the proposal. Staff finds this criterion to be met. 2. Adverse impacts on public infrastructure by the development will be niifigated by the necessary improvements at the sole cost of the developer. Staff Finding The utilities and public infrastructure on the site are existing. Staff believes that the proposed amendment will not place a greater demand on the utilities or site improvements than currently exists. The City Water Department and the Aspen Sanitation District have reviewed the proposal and feel that adequate services exist to serve the proposed expansion of one (1) model unit/affordable housing unit. Staff finds this criterion to be met. 3. Oversized utilities, public facilities, or site improvements are provided appropriately and where the developer is reimbursed proportionately for the additional improvement. Staff Finding rhe Applicant is not proposing to install oversized utilities or public facilities and it is not anticipated that the applicant will be required by the City to provide oversized utilities. Staff does not find this criterion to be applicable to this application. I. Access and Circulation (Only standards 1&2 apply to Minor PUD applications): The purpose of this standard is to ensure the development is easily accessible, does not unduly burden the surrounding road network, provides adequate pedestrian and recreational trail facilities and minimizes the use of security -16- gates. The proposed access and circulation of the development shall meet the following criteria: 1. Each lot, structure, or other land use within the PUD has adequate access to a public street either directly or through and approved private road, a pedestrian way. or other area dedicated to public or private use. Staff Finding Both the addition of a unit to the complex and the dedication of the playground as a public park are not anticipated to be considerable traffic generators and it has been determined by the Fire Marshall and the City of Aspen Engineering Department that adequate vehicular access currently exists to accommodate both requests. Additionally. the Parks Department has proposed to improve the pedestria11 access to the park. Therefore, staff finds this criterion to be met. 2. The proposed development, vehicular access points, and parking arrangement do not create traffic congestion on the roads surrounding the proposed development, or such surrounding roads are proposed m be improved to accommodate the development. Staff Finding Staff feels that sufficient parking currently exists within the development to accommodate the additio11 of an affordable liousing unit as has been previously detailed in this memorandum. Additionally, staff believes that the proposed public park will not be a large traffic generator due to the fact that the existing playground is already open to the public iii that Centennial does not currently restrict the use of the playground to just it's residents. Staff finds this criterion to be met. J. Phasing of Development Plan. The purpose Of these criteria is to ensure partially completed projects do not create an unnecessary burden on the public or surrounding property owners und impacts of an individual phase are mitigated adequately. If phasing of the development plan is proposed, each phase shall be de.fined in the adopted.final PUD development plan. The phasing plan shall comply with the.following: 1. All phases, including the initial phase, shall be designed to function as a complete development and shall not be reliant on subsequent phases. 2. The phasing plan describes physical circus insulating, to the extent practical, occupants of initial phases from the construction of later phases. 3. The proposed phasing plan ensures the necessary or proportionate iniprovements to public .facilities, payment of impact fees and fees-in-lieu, construction Of any .facilities to be used jointly by residents of the PUD, construction O.f any required affordable housing, and any mitigation measures are realized concurrent or prior to the respective impacts associated with the phase. - 17 - Staff Finding The Applicant is not proposing to phase the proposed construction. Therefore, staff finds this criterion not to be applicable. -18- Subdivision REVIEW CRIrrERIA & 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. A. General Requirements: 1. The proposed subdivision shall be consistent with the Aspen Area Comprehensive Plan. Staff Finding The proposed subdivision request is intended solely to allow for tile playground to be parceled off from the remainder of the Centennial property so that it may be dedicated to the City as a public park. In reviewing the request to subdivide the playground off from the remainder of the Centennial property and create a public park. staff believes that the request is consistent with the AACP's Parks and Open Space Policy of furthering the growth and development of outdoor recreation through expanded partnerships aillong government agencies, non-profit organizations, and the general citizenry by providing an additional public park for the citizenry of the neighborhood to utilize. Additionally. staff believes that the proposal supports the AACP's goal of improving the public s access to parks and recreation facilities by providing a public park in an area of town that is densely populated. Staff finds this criterion to be met. 2. The proposed subdivision shall be consistent with the character of existing land uses iii the area. Staff Finding The area of Centennial that is to be subdivided off from the remainder of the properly is already a playground area. Therefore. staff believes that the intended park use of the parcel is consistent with that of the existing playground use. Additionally, staff believes that the park use complements the densely populated affordable housing complexes that exist in the immediate area. Staff finds this criterion to be met. 3. The proposed subdivision shall not adversely affect thefuture development of surrounding areas. Staff Finding Staff does not believe that the proposed subdivision will adversely affect the development of the surrounding areas. Staff feels that the subdivision request to dedicate the existing playground as a public park will actually enhance the area because the playground will be updated with new playground equipment. Staff finds this criterion to be met. 4. The proposed subdivision shall be in compliance with all applicable requirements of this Title. -19- Staff Finding Staff believes that the proposed subdivision will create a conforming lot iii that the minimum lot size for the proposed park is to be established through the requested PUD amendment. In addition, the public park is proposed to be rezoned to the Park Zone District in conjunction witli this subdivision request, which will allow for the proposed park to be a permitted use. Staff finds this criterion to be met. B. Suitability of Land.for Subdivision a. Land suitability. The proposed subdivision shall not be located on land unsuitable for development because of,Nooding, drainage, rock or soil creep, mudflow, rockslide, avalanche or snowslide, steep topograpity 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 inejjiciencies, duplication or premature extension Of Public facilities and unnecessary public costs. Staff Finding Staff believes that the proposed subdivision request to parcel off the existing playground and dedicate it to the City as a public park will not require any extension of public facilities or unnecessary public costs. Moreover, staff feels that the land proposed to be subdivided is suitable for the development of a park and will not be harmful to the health, safety. or welfare of the citizenry that will use it. Staff finds this criterion to be met. C. Improvements. The improvements setforth at Chapter 26.580 shall be provided .for the proposed subdivision. These standards may be varied by special review (See, Chapter 26.430) ifthefollowing conditions have been met: 1. A imique situation exists for the development where strict adherence to the subdivision design standards would result in incompatibility with the Aspen Area Compreliensive 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 justi:tication.for each variation request, providing design recommendations by professional engineers as necessary. Staff Finding The Parks Department and tlie Applicant will install the improvements necessary for the playground as part ofthe site redevelopment. Staff finds this criterion to be met. 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 - 20 - which is comprised of new dwelling units shall be reauired to provide affordable housing in compliance with the requirements of Chapter 26.470, Growth Management Quota System. Staff Finding As part of the proposed subdivision request. the Applicant has not proposed to construct either a residential unit or a commercial space that would require a GMQS exemption or an allotment for the property being subdivided. The development of a park does not require a GMOS allotment. Staff finds this criterion not to be applicable to this application. E. School Land Dedication. Compliance with the School Land Dedication Standards setforth at Chapter 26.630. Staff Finding The development of a park on the land to be subdivided off from the Centennial property does not include the development of a residential unit: and therefore, school land dedication is not required in relation to this subdivision application. Staff finds that this criterion is not applicable to this application. 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 parce!(s) z(med Affordable Housing Planned Unit Development (AH-PUD) without jirst obtaining growth management approvals if the newly created parce!(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, § 2j Staff Finding The development of a park does not require a GMQS allotment. Staff finds this criterion not to be applicable to this application. - 21 - REZONING REVIEW CRITERIA & STAFF FINDINGS Pursuant to Land Use Code Section 26.310, in reviewing an application for an amendment to the official zone district map, the Planning and Zoliing Commission and City Council shall consider the following: 1. Whether the proposed amendment is in conflict with any applicable portions of this Title. Staff Finding Staff does not feel that the proposed rezoning application of the park parcel to the Park Zone District is iii conflict with the City of Aspen land use code requirements in any manner. The proposed rezoning application will not create any non-conformities because the dimensional requirements for the lot that is to be created for the park is to be established through the PUD aniendment that is being reviewed simultaneously. Staff fiiids this criterion to be met. 2. Whether the proposed amendment is consistent with all elements Of the Aspen Area Community Plan. Staff Finding Staff believes that the proposed rezoning application is consistent with the AACP in that it will properly zone the public park that is proposed to be dedicated to the City. Additionally, the playground that is to be refurbished and dedicated to the city as a public park meets several of the AACP's goals that are set forth in the Parks, Open Space, and the Environment section as was detailed previously iii staffs response to Criterion No. 1 i n the Subdivision portion of the staff findings. Staff finds this criterion to be met. 3. Whether the proposed amendment is compatible with the surrounding zone districts and land uses, considering existing land use ancl neighborhood characteristics. Staff Finding The proposed application to subdivide and rezone the existing playground will not substantially change the existing land use in that the existing playground is already used by the neighborhood in general because Centennial does not currently restrict use of the playground to people that live iii Centennial. The playground has been existence for a long period of time in this location and staff believes that the proposed designation as a public park complements the densely populated multi-family housing in the immediate vicinity. Staff finds this criterion to be met. 4. The effect of the proposed amendment on traffic generation and road safety. - 22 - Staff Finding Staff does not believe that the refurbishment and the conversion of the existing playground to a public park will be a large traffic generator. As has been stated throughout the memo, the existing playground is already available for use by the general public in that Centennial does not currently restrict its use. Therefore, staff does not expect a large increase in the number of visitors to the park. Additionally. the City Engineer and the Parks Department believe that there are sufficient roads to satisfy the proposed request. Staff finds this criterion to be met. 5. Whether the extent to which the proposed amendment would result iii demands on public facilities, and whether and the extent to which the proposed amendment would exceed the capacity of such public facilities, including but not limited to transportation facilities, sewage facilities, water supply, parks, drainage, schools, and emergency mectical facilities. Staff Finding Staff does not believe that the proposed rezoning application would exceed the capacity of the existing public facilities in the area. Staff finds this criterion to be met. 6. Whether and the extent to which the proposed amendment would result in signijicantly adverse impacts on the natural environment. Staff Finding Staff does not believe that the proposal to rezone the playground parcel to the Park Zone District would have an adverse impact on the natural environment. Staff feels that maintenance of the playground should improve by the City taking it over and that the natural environment would benefit from the increased landscaping that the Parks Department is proposing. Staff finds this criterion to be met. 7. Whether the proposed amendment is consistent and compatible with the community character of the City of Aspen. Staff Finding Staff believes that the proposed rezoning is consistent and compatible with the community character of Aspen. Staff feels that the proposed amendment is consistent with the goals of the AACP as is detailed in Criterion No. 1 in the rezoning review standards. Staff finds this criterion to be met. 8. Whether there have been changed conditions affecting the subject parcel or the surrounding neighborhood which support the proposed amendnient. - 23 - Staff Finding Staff believes that there have been changed conditions in relation to the condition of the playground equipment on the site. The playground equipment needs refurbished and the Applicant has chosen to ask the Parks Department if the would like to take the site on as a public park. Therefore. the requested zoning change is necessary for the park to be dedicated as a City park. Staff finds tltis criterion to be met. 9. Whether the proposed amendment would be in conflict with the ptiblic interest and whether it is in harmony with the purpose and intent of this Title. Staff Finding Staff does 11Ot believe that the proposed rezoning application in itself is iii conflict with the public interest or the intent of the land use code. Staff believes that the proposed public park will enhance the experience of patrons to the playground by providing for improved facilities and maintenance of the playground. Staff finds this criterion to be met. -24- 9 GMQS EXEMPTIONS Review Criteria & Staff Findings Section 26.470.070(J), Affordable Housing GMQS Exemption Section 26.470.070(J) of the Regulations provides that. "All affordable housing deed restricted in accordance with the housing guidelines of the City Council and its housing designee shall be exempt [from the GMQS scoring and competition procedures]." Review is by City Council. The section goes on to state that, The review of any request.for exemption of housing pursuant m this Section shall include a determination of the City's need for such housing, considering the proposed development's compliance with an adopted housing plan, the number o.f dwelling units proposed and their location, the type of dwelling units proposed, specitically regarding the number of bedrooms in each unit, the size of the dwelling unit, the rental/sale mix of the proposed development, and the proposed price categories m which the dwelling units are to be deed restricted. Staff Finding The Planning Staff believes that the review of the proposed use of the approved model unit as a deed restricted affordable housing unit, with the income and asset restriction waivers proposed by the Applicant. is primarily a housing policy related issue. With that being the case, the Housing Authority Staff has reviewed the request and recommended that the application be approved as proposed. Additionally. staff feels that there certainly still is a need for the development of affordable housing in that we are still under the projected need of 800 to 1300 additional affordable housing units that is set forth in the 2000 Aspen Area Community Plan's 1-Iousing Policies. Moreover, staff believes that the proposed site is located iii an appropriate location for the development of affordable housing in that it is in close proximity to the commercial core and well within the Urban Growth Boundary as is mandated by the AACP. Staff finds this criterion to be met. -25- : Ex h k 6 1- \,2 c, tiX/577/6 A/10 /*ef- di~uy- ---- 447 MAFT--5 ~eee- n>ty - 57)427*,«- i ?777 - \ AN C *UN- fALL-- 2.©A,» + I70/£2527' 204#71A/%'DA,/ &111/2 € 4 i i 79/9982773497%5EA -£ 44 . 1 4 0 \ \ e -N / r , 0 / \ + 9- i 4 / + 23 -2.X\. 9- f 2, . 1* .222«2 1 '4'. 'f U . . 0 + ..i .... al#-Ela/At,« + + Mul.PEF- 9//Ma .r-· - w j N Jlf *W -LIT--2 74 f- j 0 - Suk.. -LA~#%95 _ '~Urt.© -p_ +_27 V.. - 6 JEAZAL-r4£2%«r>*1/_134*--»z~) ... 74 4 +0.IN/66" by €44 O 0 ~ C V p7- U A- 1---* 5 9 7 4 /9 - - -- - LA/73:Ut//4 PUFGFeVAA# * 24*270~2 727> 227€3$ 07'77 1-·+spe-/90 7>**26 6- 292-,77-2~~~7 = - 7 ,- ATTACHMENT 7 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: 4€(/14,3~mrol Rjub k , Aspen, CO q € M U ' SCHEDULED PUBLIC HEARING DATE: 10/11 /0.6 , 200_ STATE OF COLORADO ) ) SS. County of Pitkin ) I, (name, please print) 3--0 Moo r_~1/4 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) o f the Aspen Land Use Code in the following manner: < Publication ojnotice: 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 fiftee.3 (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, waterproo f materials, which was not less than twenty-two (22) inches wide and twenty-six (26) inches high, and which was composed o f letters 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 o f the public hearing. A photograph of the posted notice (sign) is attached hereto. Mailing of notice. By the mailing of a notice obtained from the Community Development Department, which contains the information described in Section 26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to the public hearing, notice was hand delivered or mailed by first class postage prepaid U.S. mail to any federal agency, state, county, municipal government,· school, service district or other governmental or quasi-governmental agency that owns property within three hundred (300) feet ofthe property subject to the development application. The names and addresses o f property owners shall be those on the current tax records o f 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) 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 o f. and the notice to and listing o f 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. r»»- »r< d f 46ignature The foregoing "Affidavit o f Notice" was acknowledged before me thip¢ -7day of ~23*7 , 200.5 by Ocru ._-.t.€5 1-0 ~r-v*34·,. PUBLiC N()TICE ~ SKE)N. CGEMNQS~X~PTR-)N~DEVENOTP ~F~)- ' ABLE HOUSIpla, AND REZONING. WITNESS MY HAND AND OFFICIAL SEAL NOTICE IS HT kERY GIVEN that a public hearing will be held on October 21, 2003, at a meeting to begin at 4:30 RM. before the Aspen, Planning and Zoning Commission, Sister Cities 1 My commission expires: ~~-- Room, City Hall, 130 S. Galena St., Aspen. to con- sider an application submitted by Centennial As- pen H Limited Partnership requesting approval of « D--4 7.· ko a PUD amendment and a GMQS exemption for af- \ Upl 65 kirdable housing to allow for the model unit that was approved to be c,instructed within Building Notary Public L 5 --1. H of the Centennia] Rental PlID to be converted v 1,1 i (429 ,... 0 to a deed restricted affordable housing unit. Ad ditionally, the application requests subd;vision .... approval to parcel off the area of the existing playground that exists adjacent to Building H so that it could be improved and dedicated to the 002 0 A-*00 City of Aspen as a public park. The application also requests to rezone the property under the proposed playground to the Park Zone District to accommodate the public park use. The property subject to the proposed requests is legally de- scribed as Lot 3 of the Centennial Condominium Subdivision and Condominium Plat. ATTACHMENTS: For further irformation contact James Lindt at the City ol Aspen Community Development De- partment, 130 South Galena St., Aspen, CO (970) COPY OF THE PUBLICATION 920-5095. larnes!@ci.aspen.co.us s/Jasmine Tygre. Chair Aspen Planning and Zoning Commission Published in The Aspen Times on October 4. PHOTOGRAPH OF THE POSTED NOTICE (SIGN) 2003. (()837) LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED BY MAIL ATTACHMENT 7 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: C Co Loice_ <6406 Cou. 81 , Aspen, CO SCHEDULED PUBLIC HEARING DATE: D c 40\»_ 1 L , 2001 STATE OF COLORADO ) County of Pitkin ) I, (name, please print) A £ AM 1 L & vu\3\ - being or representing an Applicant to the City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) of the Aspen Land Use Code in the following manner: ~ Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen at least fifteen (15) days prior to the public hearing. A copy of the publication is attached hereto. J Posting of notice: By posting of notice, which form was obtained from the Community Development Department, which was made of suitable, waterproof materials, which was not less than twenty-two (22) inches wide and twenty-six (26) inches high, and which was composed of letters not less than one inch in height. Said notice was posted at least fifteen (15) days prior to the public hearing and was continuously visible from the 3 day 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(IE)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to the public hearing, notice was hand delivered or mailed by first class postage prepaid U. S. mail to any federal agency, state, county, municipal 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 ofproperty 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 govertiniental agencies so noticed is attached hereto. (continued on nexi page) cfie ~/lk ellt i 69 --- 210 Ct (36491 Al € 4 0 4 th ' 4 4 f l' i a l- uti- ci vie 1,1 04 IE - 3LIC NOTICE OATE TIME .- PLACE PURPOSE . . . .4 14 -,1 A- r a - r;%·2 7,- Ly--<4~.i ~~ -iAO:-i'U {4 7% 3 ij -Zi , ..t A,4 Li t '27 : 12 4 4 - 0 / 2 Z L 1.. 1 - . 2 9 -22 :. i;TILi. 7!11 7 r~,n·.-·,na-,-~....~..~, ~, i 'P-P, 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 ofthis 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. 44™\ r.9 - A Signature The fgregoing "Affidavit ofNotice" was acknowledged before me this 14) day of i (/1 C CU,i , 20«,by Aa 61 0 i /7 (t_ flul.,x /AY P .. Ax t/ON. · WITNESS MY HAND AND OFFICIAL SEAL g ~ 1 ANN G. 1 H i My commission expifts: B.57 14 lk-'0(/ J 3, KEENEY jo # adil . 4_£1 -A-» Notary Public 7 /L ATTAEHMENTS: COPY OF THE PUBLICATION PHOTOGRAPH OF THE POSTED NOTICE (SIGN) LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED BY MAIL PUBLIC NOTICE RE: CENTENNIAL PUD AMENDMENT, SUBDIVISION, GMQS EXEMPTION TO DEVELOP AFFORDABLE HOUSING, AND REZONING. NOTICE IS HEREBY GIVEN that a public hearing will be held on October 21, 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 Centennial Aspen II Limited Partnership requesting approval of a PI-ID amendment and a GMQS exemption for affordable housing to allow for the model unit that was approved to be constructed within Building H of the Centennial Rental PUD to be converted to a deed restricted affordable housing unit. Additionally, the application requests subdivision approval to parcel off the area of the existing playground that exists adjacent to Building H so that it could be improved and dedicated to the City of Aspen as a public park. The application also requests to rezone the property under the proposed playground to the Park Zone District to accommodate the public park use. The property subject to the proposed requests is legally described as Lot 3 of the Centennial Condominium Subdivision and Condominium Plat. For further information contact James Lindt at the City of Aspen Community Development Department, 130 South Galena St., Aspen, CO (970) 920-5095. jamesl@ci.aspen.co.us s/Jasmine Tvgre, Chair Aspen Planning and Zoning Commission Published in the Aspen Times on October 3,2003 City of Aspen Account 5'Hputn fted joeets .M Use lempidle toi )160ej ADLER FAMILY LLC ABELIA INVESTMENT LTD ALBRIGHT JENNIFER B 1/2 C/O STEPHEN ADLER PO BOX 8029 220 TEAL CT 287A NASSAU ST ASPEN, CO 81612 ASPEN, CO 81611 PRINCTON, NJ 08540-4618 ALDEN CHRIS ANDERLIK CHRISTY ANDERSON TIMOTHY J 150 WILLIAMS RANCH DR PO BOX 11843 316 OAK LN ASPEN, CO 81611 ASPEN, CO 81612 ASPEN, CO 81611 ANGLIN MARK ALLEN & BRONWYN ASPEN CENTER FOR ENVIRONMENTAL ARTHUR STEPHEN F HEATHER STUDIES PO BOX 4871 P O BOX 3657 100 PUPPY SMITH ST ASPEN, CO 81612 ASPEN, CO 81612 ASPEN, CO 81611 ASPEN SQUARE CONDOMINIUMS ASSOC ' BAEHRLYNNE BAKER KIRK S 1132 VINE ST PO BOX 1520 617 E COOPER AVE ASPEN, CO 81611 ASPEN, CO 81612 ASPEN, CO 81611 BALCOM SYLVIA J BALLARD PAUL W & ANN H BARBOUR REGINALD D & MARY 1336 VINE ST PO BOX 2572 P O BOX 4194 ASPEN, CO 81611 ASPEN, CO 81612 ASPEN, CO 81612 BARNARD WILLIAM C BARROW JUSTIN & AMY BELL ANN S & BRUCE A C/O ZAP HEALTH CLEANING 325 TEAL CT 319 FREE SILVER CT PO BOX 8313 ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81612 BENNETT PATRICIA WADE & THEODORE BERGMAN CARL R & CATHERINE M & BERNARD SUSAN F LINDA 37 ALBERT RD 317 OAK LN PO BOX 1365 RICHMOND SURREY TW10 6DJ ASPEN, CO 81611 ASPEN, CO 81612 ENGLAND, BETTIO JACK A BILBY JENNIFER BLAKESLEE MICHAEL & WENDY 3875 RIDGEWAY RD 124 FREE SILVER CT PO BOX 2213 LAKEHURST, NJ 08733 ASPEN, CO 81611 ASPEN, CO 81612 BOSTICK BARBARA OWEN- BOTICA MICHELLE BRACHER KIMELISE M 340 SILVERLODE DR 323 FREE SILVER CT #204 PO BOX 4002 ASPEN, CO 81611-2542 ASPEN, CO 81611-3223 ASPEN, CO 81612 BRAUNIG MARTHA J BREHOB SANDRA K BREHOB SANDRA K PO BOX 761 209 COTTONWOOD LN 209 COTTONWOOD LN ASPEN, CO 81612 ASPEN, CO 81611 ASPEN, CO 81611 ~AVERY® Address Labels Laser 5160® L-- JiliOOLII litud ..illeelb use [elflplale toi ->100- BROMKA KAREN S & BARRY J BROOKES E ALAN BROOKS MURRAY J 11 AJAX AVE PO BOX 5764 850 GEORGIA AVE ASPEN, CO 81611 PLAYA DEL REY, CA 90296 WINTER PARK, FL 32789 BROWNSTEIN AMY BRYAN DANYIELLE BUREK DEBORAH J PO BOX 8153 PO BOX 11995 PO BOX 812 ASPEN, CO 81612 ASPEN, CO 81612 ASPEN, CO 81612 BURROWS ARTHUR & COLLEEN BYRUM ALBERT G JR BUSCH JON LOWELL COLLINS BYRUM PATRICIA 548 RACE ST 410 N MILL ST #B-11 100 LEATHERWOOD CIR ASPEN, CO 81611 ASPEN, CO 81611 MARTINSVILLE, VA 24112 CAMPBELL BEVERLY ANNE CANAS STEFAN CAREY JANE ELIZABETH 207 COTTONWOOD LN ' 4815 SUGARLOAF RD 110 WILLIAMS RANCH DR ASPEN, CO 81611 BOULDER, CO 80302-9219 ASPEN, CO 81611 CARP RESA ANNE CARNEY TIMOTHY J 1/2 CARROLL TWILA A LIMITED PARTNERSHIP 220 TEAL CT 314 TEAL CT PO BOX 10432 ASPEN, CO 81611-3260 ASPEN, CO 81611 ASPEN, CO 81612 CHAPMAN HARVEY G JR & RUTH J CHELEC RICHARD & SUSAN CHRISTENSEN CAROLINE I 717 KUPULAU DR PO BOX 11437 PO BOX 9195 KIHEI, HI 96753-9349 ASPEN, CO 81612 ASPEN, CO 81612 CLAFFEY WALTER W TRUST CITY OF ASPEN COMEAU STEPHEN C/O ZAP HOUSE CLEANING 130 S GALENA 412 FREE SILVER CT PO BOX 8313 ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81612 CONNER MICHAEL T COOK CHARLES E CORBETT PAUL CHARLES PO BOX 345 , PO BOX 413 PO BOX 2884 ASPEN, CO 81612 ~ ASPEN, CO 81612 ASPEN, CO 81612 CORDOVA DIANA J COSTELLO STEPHANIE TRUST COSTIGAN JILL 0002 AJAX AVE 328 OAK LN PO BOX 8686 ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81612 COULOMBE SHELLEY R CRAIG JENNIFER CRAWFORD PATRICIA C 140 WILLIAMS RANCH DR PO BOX 46 412 TEAL CT #Q-104 ASPEN, CO 81611-2519 WOODY CREEK, CO 81656 ASPEN, CO 81611 ~AVERY® Address Labels Laser 5160® jinvoth teto z,heets 11,1 Use template toi 51604 CROSS EDWARD T CUELLAR MARIA L CUNNINGHAM ROBERTA J PO BOX 1843 210 FREE SILVER CT PO BOX 9211 ASPEN, CO 81612 ASPEN, CO 81611 ASPEN, CO 81612 CURRY CHARLES T DALESSIO ROBERT J & JEAN M DANFORTH ALISON C PO MOX 8150 60 WILLIAMS RANCH DR PO BOX 3763 ASPEN, CO 81612 ASPEN, CO 81611 ASPEN, CO 81612 DAVIS SILVIA DELISE DONALD LEE DETKO GEORGE J JR 509 RACE ST PO BOX 345 205 COTTONWOOD LN ASPEN, CO 81611 WOODY CREEK, CO 81656 ASPEN, CO 81611 DETWEILER DIRK DEVILBISS JUDSON E DICKINSON SUSAN PO BOX 812 PO BOX 5012 PO BOX 8635 ASPEN, CO 81612 ASPEN, CO 81612 ASPEN, CO 81612 DOPKIN HARLAN DOWELL RONALD R DOMINGOS JULIA GILLIOM & ALLEN CAROL DOPKIN REAL ESTATE DOWELL MARSHA S PO BOX 11452 PO BOX 4696 35 WEST BIGHORN COURT ASPEN, CO 81612 ASPEN, CO 81612 SEDONA, AZ 86351 DRISKELL DOUGLAS EDMONDSON J SCOTT ERICKSON TOM W & CHERYL 200 COTTONWOOD LN PO BOX 4486 224 TEAL CT ASPEN, CO 81611 ASPEN, CO 81612 ASPEN, CO 81611 ERSPAMERJOHN ERSPAMERJOHN ESTRIN MELVYN J 534 SPRUCE ST #1 534 SPRUCE ST #1 6508 KENHILL RD ASPEN, CO 81611 ASPEN, CO 81611 BETHESDA, MD 20817 FABER JOHN A FABRIZIO BRUCE P & JUDITH FELLNER JACK LEE 1401 W PACES FERRY #3401 15922 PACIFIC COAST HWY PO BOX 10066 ATLANTA, GA 30327 HUNTINGTON HARBOUR, CA 92649 ASPEN, CO 81612 FIORONI CYNTHIA L & PETER K FERRO TESS FINGERMAN SHELDON AS JT TENANTS 310 FREE SILVER CT PO BOX 8692 10 AJAX LN ASPEN, CO 81611-3221 ASPEN, CO 81612 ASPEN, CO 81611 FONTANA WILLIAM FORDE CANDICE MARIE FORSEILLE JULIA S PO BOX 3313 210 COTTONWOOD LN 315 TEAL CT ASPEN, CO 81612 ASPEN, CO 81611 ASPEN, CO 81611 ~ AVERY® Address Labels Laser 5160® 3*AUOU, 1-eeU J fleets'"' Use templale tor ->160<- FRANK BARBARA FRANKEL MARIETTA C FRANZE LUCAS PO BOX 11126 280 EL PUEBLO WY PO BOX 2633 ASPEN, CO 81612 PALM BEACH, FL 33480 ASPEN, CO 81612 FREI MURIEL FRIEDMAN DANIEL S FRIEDMAN HAROLD & SANDRA PO BOX 2171 1328 VINE ST 19513 PLANTERS POINT DR ASPEN, CO 81612 ASPEN, CO 81611 BOCA RATON, FL 33434 FULLER SANDRA GALICINAO VIRGINIA GALLUCCIO VINCENT 422 FREE SILVER CT 219 COTTONWOOD LANE PO BOX 8065 ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81612 GANCSOS JOHN MARTIN GENDELS JOEL M GIBBONS COLLEEN ANDERSON MARILYN . 340 W 57TH ST STE 10P 540 N LAKE SHORE DR APT 707 223 TEAL CT NEW YORK, NY 10019 CHICAGO, IL 60611-3435 ASPEN, CO 81611-3262 GOKEY REED GOLLNER HERMANN GONZALES STEVE 327 TEAL CT P O BOX 953 105 MAPLE LN ASPEN, CO 81611-3256 VERDI, NV 89439-0953 ASPEN, CO 81611 GRINSTEAD LAURA L GREENWOOD GRETCHEN GRIFFITH ANGELINE M HULEY MARC J 520 WALNUT ST 530 WALNUT 317 TEAL CT ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81611 HAGOPIAN CONSTANCE E TRUSTEE HAGOPIAN SANDY 52% HAMOUZ JAMES B & KERRI L 48% 213 S MILL ST 130 WILLIAMS RANCH DR C/O DAVID A NEARON ASPEN, CO 81611 ASPEN, CO 81611 1212 ROSSMOOR PKWY WALNUT CREEK, CA 94565 HANAH CHERYL M HANSON CHRISTIAN SOREN HARRIS DAVID G & MARGARET ANN 313 FREE SILVER CT 423 TEAL CT 533 SPRUCE ST ASPEN, CO 81612 ASPEN, CO 81611-1566 ASPEN, CO 81611 HARRISON RUTH REV TRUST HARRISON WILLIAM E & CANDACE S HAUENSTEIN WARD & ELIZABETH PO BOX 2704 PO BOX 7906 535 SPRUCE ST ASPEN, CO 81612 ASPEN, CO 81612 ASPEN, CO 81611 HECKER ROSE ROSENFIELD AND HAUER MINEKO HENNING BARBARA D ROSENFIELD ANITA 202 COTTONWOOD LN 17377 HIGHWAY 82 250 RAINTRAIL ROAD ASPEN, CO 81611 CARBONDALE, CO 81623-9568 SEDONA, AZ 86351 ~AVERY® Address Labels Laser 5160® bino.oth Heed oneets'M Use template toi .,160° HEWINS SAMUEL D HICKS SCOTT ANDREW HILL RODNEY S & SUSAN K 424 FREE SILVER CT PO BOX 374 117 FREE SILVER CT ASPEN, CO 81611 ASPEN, CO 81612 ASPEN, CO 81611 HOCH DAVID J HOFFMAN E MICHAEL & SHARON LIST HOFFMAN KAYLA B 311 dAK LN 80 WILLIAMS RANCH DR PO BOX 413 ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81612 HOLLOWAY JUSTIN & DOCIMO HOLGATE HOWARD B HOPKINS TRACY A CHRISTINA 114 FREE SILVER CT 400 SILVERLODE DR PO BOX 1185 ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81612 HORN ERIC HORN MICHAEL A HOROWITZ MARTHA MEAGHER 124 FREE SILVER CT UNIT A-206 P O BOX 10973 115 WILLIAMS RANCH DR ASPEN, CO 81611 ASPEN, CO 81612 ASPEN, CO 81611 HUNTER CREEK 1045 PARTNERSHIP HUNTER CREEK VENTURE HYDE ARTHUR C JR A MINNESOTA GENERAL PARTNERSHIP 111 WHIPPOORWILLWAY PO BOX T 4428 YORK AVE SOUTH GEORGETOWN, TX 78628 ASPEN, CO 81612 MINNEAPOLIS, MN 55410 HYKEN MICHELLE R 10% ILICH MARK INNES JENNY A 1128 VINE ST 1132 VINE ST 214 TEAL CT ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81611 JACOBI JEANNE S JACOBS JIM JASICKI BRADLEY J PO BOX 4834 215 COTTONWOOD LN PO BOX 7742 ASPEN, CO 81612 ASPEN, CO 81611 ASPEN, CO 81612 JENNINGS RICHARD M JOHNSON DANNINE J JOHNSON TAMAR 1004 VINE ST PO BOX 11273 410 FREE SILVER CT D101 ASPEN, CO 81611 ASPEN, CO 81612 ASPEN, CO 81611 JOSEPH MARK C JUNG DENNIS PAUL & LISA KANE KAUFMAN STEPHEN M TRUST 100 WILLIAMS RANCH DR PO BOX 8351 3 RIVERWAY STE 1350 ASPEN, CO 81611 ASPEN, CO 81612 HOUSTON, TX 77056 KEERY SEAN & LESLIE M KELLY CHARLES M KELLY GARY P 20 AJAX LN 00208 COTTONWOOD LN PO BOX 12356 ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81612 ~AVERY® Address Labels Laser 5160® , 4 6 1 . U U L. 1 • u L U J i i u C LO UJC Ltht j)late 101 jiUJ KELSO MARY MCGUIRE KENNAMER SANDRA KENNEDY JOHN M C/O LINDA DETERS PO BOX 11947 215 FREESILVER CT 2372112 RD ASPEN, CO 81612 ASPEN, CO 81611 CARBONDALE, CO 81623 KILLIAN LINDA H KINNEY MAUREEN MARY KIRKWOOD DEBORA J 328 TEAL CT PO BOX 374 PO BOX 10552 ASPEN, CO 81611 ASPEN, CO 81612 ASPEN, CO 81612 KIRKWOOD JUNE & CYNTHIA KLAR JOAN L KLONOWSKI JOHN A 318 OAK LN 12 BUTLER HILL RD 420 FREE SILVER CT #D201 ASPEN, CO 81611 SOMERS, NY 10589-2404 ASPEN, CO 81611 KNIGHT DANA ERIC KOFFEND DAVID ALLEN KULZER DENNIS 627 RIO GRANDE PL ' 21 CAMINO DE LAS MINAS 320 FREE SILVER CT ASPEN, CO 81611 SANTE FE, NM 87508-9491 ASPEN, CO 81611 LAI RICHARD TSENG-YU AND KURIHANA MIDORI LAING SALLY LAI BARBARA ELLEN 310 RIVERSIDE DR APT 817 415 FREE SILVER CT 5731 E VOLTAIRE NEW YORK, NY 10025-4123 ASPEN, CO 81611 SCOTTSDALE, AZ 85254 LAMBERT ROBERT & NANCY LAMM ROBIN LARSON KENNETH R 12 AJAX AVE 311 FREE SILVER COURT 1316 VINEST ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81611 LASALLE MARGARET A LAURISKI STANLEY E & ROSE M LAWRENCE TERRY & DEANNA M 422 TEAL CT PO BOX 803 PO BOX 942 ASPEN, CO 81611 ASPEN, CO 81612 PINE VALLEY, CA 91962 LEBACH DOROTHY LAWRENCE THEODORE W 50% LEBACH DOROTHY 50% & JOAN 50% LEBACH JOAN C 314 OAK LN 1322 VINE ST 23 CLAFLIN RD #3 ASPEN, CO 81611 ASPEN, CO 81611 BROOKLINE, MA 2445-4402 LEBBY NICK LEDINGHAM LARRY LEDINGHAM LARRY C/O LA COCINA INC 219 COTTONWOOD LAND 219 COTTONWOOD LANE PO BOX 4010 ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81612 LEONARD LINDA UND 1/2 INT LEONARD LINDA SCHIERSE LESTER GEOFFREY CHAPMAN KEITH KAREN & KATHY UND 1048 VINE ST PO BOX 3704 1/2 ASPEN, CO 81611 ASPEN, CO 81612 12213 206TH PL SE ISSAQUAH, WA 98027-8533 ~AVERY® Address Labels Laser 5160® Smogth Feed bheels rid Use template tor 5160° LEVERSON JANET V LINDENAU BEYRON R & SCOTT A LOCARRO ROBERT 221 TEAL CT 320 OAK LN 211 COTTONWOOD LN ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81611 LOUTHIS PATRICIA ANN LUNDY KARON LUSK URSULA G PO BOX 48 PO BOX 3804 1211-C NANTUCKET ASPEN, CO 81612 ASPEN, CO 81612 HOUSTON, TX 77057-1911 LUTGRING TAZ MARIE LUU CAM THU LUU TONY 219 TEAL CT 435 E MAIN PO BOX 795 ASPEN, CO 81611-3260 ASPEN, CO 81611 ASPEN, CO 81612 MACBLANE EDWARD J JR MAGGI CHRISTINE C MANIE MICHAEL B 217 TEAL CT ' PO BOX 3804 PO BOX 11373 ASPEN, CO 81611 ASPEN, CO 81612 ASPEN, CO 81612 MARKALUNAS LISA MARQUIS JANET L MATTHEWS CHARLES & STEPHANIE 624 NORTH ST PO BOX 2712 PO BOX 11436 ASPEN, CO 81611 ASPEN, CO 81612 ASPEN, CO 81612 MATTHEWS NANCY ANN MCDONAGH THOMAS G MCGOVERNJEANNE PO BOX 1370 340 W 57TH ST STE 10P 127 FREESILVER CT ASPEN, CO 81612 NEW YORK, NY 10019 ASPEN, CO 81611 MELDAHL JOHN C MCWILLIAMS TONI MELVILLE SUSAN MELDAHL DEBORAH M 319 TEAL CT 333 E DURANT AVE 2620 HUMBOLDT AVE SOUTH ASPEN, CO 81611-1568 ASPEN, CO 81611 MINNEAPOLIS, MN 55408 MENDELSON MEL I MILLER LEE L MORRELL CONSTANCE G MENDELSON ROBERTA L 11575 FOLSOM POINT PO BOX 5121 5412 FRANCISCA WAY FRANKTOWN, CO 80116 ASPEN, CO 81612 AGOURA HILLS, CA 91301 MUHICH JOE ESTATE OF MUSSO PAMELA LYONS MORRIS ROBERT P C/O ANGELINE GRIFFITH MUSSON RICHARD L 600 E HOPKINS AVE STE 304 530 WALNUT ST 319 LOCUST ST ASPEN, CO 81611 ASPEN, CO 81611 DENVER, CO 80220 NAKAGAWA HEITOR H&M ROSARIO NEWELL GEORGE NORMAN JUDY KAY 312 OAK LN PO BOX 2179 314 FREE SILVER CT ASPEN, CO 81611 BOULDER, CO 80306 ASPEN, CO 81611 ~AVERY® Address Labels Laser 5160® . Jit,Oul,/ tccu ..,ietelj Ube Ltilipldit 10| 3100 - NORRIS SCOTT J O DRISCOLL KEVIN OAKES KEN 424 FREE SILVER CT PO BOX 9995 204 COTTONWOOD LN ASPEN, CO 81611 ASPEN, CO 81612 ASPEN, CO 81611 DATES SARAH M OLSEN DEANNA K ORTIZ MICHAEL 112 FREE SILVER CT 220 FREE SILVER CT 520 WALNUT ST ASPEN, CO 81611-3209 ASPEN, CO 81611 ASPEN, CO 81611 OSTER JEREMY OTTE GAIL D OWEN KEVIN P O BOX 11689 329 TEAL CT PO BOX 1518 ASPEN, CO 81612 ASPEN, CO 81611 ASPEN, CO 81612 PALMER HELEN PARKER ALEC J PARKER JACQUELINE A PO BOX 1855 120 WILLIAMS RANCH DR 50 WILLIAMS RANCH DR ASPEN, CO 81612 ASPEN, CO 81611 ASPEN, CO 81611 PARKER JAY & JAMA PASCHAL DAVID C & REBECCA LYNN PASTERNAK CAROL A W/STAHL 160 WILLIAMS RANCH DR 410 TEAL CT 323 TEAL CT ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81611 PEKKALA EVA C PAULSON WILLIAM T PFEIFER PATRICK A PEKKALA ERIC W PO BOX 7693 1240 E COOPER AVE PO BOX 936 ASPEN, CO 81612 ASPEN, CO 81611 ASPEN, CO 81612 PHILLIPS JOHN E & LYNN D PITKIN COUNTY POLLOCK KATHERINE W 305 OAK LN 530 E MAIN ST STE 302 412 FREE SILVER CT ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81611 POUTOUS MARCIA POUTOUS MARCIA POWELL MARY FRANCES 534 SPRUCE ST #1 534 SPRUCE ST #1 308 OAK LN ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81611 POWER SMITH STEPHANIE & TIMOTHY PRYMAK BILL PRZYBYLSKI ALBERT L PO BOX 4608 1530 W 10TH AVE 312 TEAL CT ASPEN, CO 81612 BROOMFIELD, CO 80020 ASPEN, CO 81611 RAUCHENBERGER CARL & MERILYN RAY GAYLE A TRUST RAYMOND KIM 1127 S OLD WILKE RD #102 9473 PINYON TRL PO BOX 1458 ARLINGTON HEIGHTS, IL 60005 LITTLETON, CO 80124 ASPEN, CO 81612 ~ AVERY® Address Labels Laser 5160® billooth Feed Sheets™ Use template for 5160w RESTAINO THOMAS AND READER WILLIAM REPPLINGER WILLIAM M BECKER JANICE B 327 FREE SILVER CT 1125 VINE ST 72 ALDER AVE ASPEN, CO 81611 ASPEN, CO 81611 SAN ANSELMO, CA 94960 RIDLING JERRY B & MURIEL M RIGGENBACH JEFFREY ROBERT ALAN K 1110 STONYBROOK DR PO BOX 3280 420 FREE SILVER CT #D201 NAPA, CA 94558 ASPEN, CO 81612 ASPEN, CO 81611 ROSIN RICHARD & DRITA ROURKE DORA H RUTGERS ANTHONY L & DIANE L 28246 FRANKLIN RD 22 AJAX AVE 512 SPRUCE ST SOUTHFIELD, MI 48034 ASPEN, CO 81611 ASPEN, CO 81611 SALVADORE TERESA SANDVOLD DIANE L SCHAEFER TERRY ARMSTRONG JOHN B . 223 FREE SILVER CT 117 S SPRING ST STE 101 129 FREE SILVER CT ASPEN, CO 81611-3214 ASPEN, CO 81611-2068 ASPEN, CO 81611 SCHEMBRI JAMES F 1/2 SCHEMBRI MARY ELLEN SCHLUNDT SUSAN PO BOX 8866 PO BOX 8866 412 FREE SILVER CT ASPEN, CO 81612 ASPEN, CO 81612 ASPEN, CO 81611 SCHUTTER NANCY SEAMAN ANGELA M SEGOVIA SANTOS S PO BOX 11613 PO BOX 10363 210 FREE SILVER CT ASPEN, CO 81612 ASPEN, CO 81612 ASPEN, CO 81611 SHANDLING MICHAEL A & ANTOINETTE SELLARS KAREN E SHERIDAN DANIEL P & LANI A A PO BOX 8862 PO BOX 8953 401 E HYMAN AVE ASPEN, CO 81612 ASPEN, CO 81612 ASPEN, CO 81611-2903 SHOSTAC DAVID SILVER JEROME D SHERMAN YONEKO SUZUKI SHOSTAC ALEXES SILVER STEPHANIE 1001 VINE ST 2509 AIKEN AVE 6835 FOX LN DR S ASPEN, CO 81611 LOS ANGELES, CA 90052 INDIANAPOLIS, IN 46278-1223 SILVERMAN KAREN E SKADRON STEVEN J SKARVAN ERIK PO BOX 2615 1022 VINE ST 312 TEAL CT ASPEN, CO 81612 ASPEN, CO 81611-3272 ASPEN, CO 81611 SLIPAKOFF LINC A SMALL ROBERT SMART JEFFREY & KAREN E PO BOX 2567 127 FREE SILVER CT PO BOX 10651 ASPEN, CO 81612 ASPEN, CO 81611 ASPEN, CO 81612 ~ AVERY® Address Labels Laser 5160® J|HOOL,1 reeu oneeis .1?1 use lemplale ior )100 SMIDDY COLIN 1/2 SMITH ALISON H & CHARLES W SMITH JAMES F&N LINDSAY PO BOX 8866 226 TEAL CT 6542 WESTCHESTER ASPEN, CO 81612 ASPEN, CO 81611 HOUSTON, TX 77005 SMUGGLER RACQUET CLUB SOYKA FREDERICK K SMITH NANCY ROSS C/O SUE COOK HOBAN SONYA L 315 J WILLRICH CIR PO BOX 8788 326 TEAL CT FOREST HILL, MD 21050 ASPEN, CO 81612 ASPEN, CO 81611 SPARKS CYNTHIA S SPIROFF JEFF STAHL DAVID K W/PASTERNAK PO BOX 3056 166 BEAVER LN 323 TEAL CT ASPEN, CO 81612 REDSTONE, CO 81623 ASPEN, CO 81611 STALLONE ROBERT A . STANLEY NANCY C STEIN SYLVIA B 1049 VINE ST ' 8918 BURTON WY #4 6531 LAUREL VALLEY RD ASPEN, CO 81611 BEVERLY HILLS, CA 90211 DALLAS, TX 75248 STITT KENDRA LEIGH IRREV TRUST STOVER ANNE GRAYSON STRONACH CAROLYNDA C 50% 1450 SILVER KING DR PO BOX 8412 314 OAK LN ASPEN, CO 81611 ASPEN, CO 81612 ASPEN, CO 81611 SYNERGY USA INC TANG SAM TANGUAY MICHAEL L 0570 SPRUCE ST PO BOX 3682 319 AABC #G ASPEN, CO 81611 ASPEN, CO 81612 ASPEN, CO 81611-3516 TASSE JEFF TANGUAY MICHAEL L 27% TOLAND RAY C/O LINDA DETERS 1128 VINE ST PO BOX 10478 2372 112 RD ASPEN, CO 81611 ASPEN, CO 81612 CARBONDALE, CO 81623 TOMASZCZYK CHET TORNARE RENE TOWNSEND R JAMES 420 SILVERLODE DR 308 W HOPKINS AVE PO BOX 8145 ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81611 TRAN HONG HUONG TUITE WILLIAM E VAIL ROBERT 814 W BLEEKER ST #Cl 212 COTTONWOOD LN 307 OAK LN ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81611 VETROMILE RICHARD & VANHOY DONNA & JERRY VILIS PASTS VETROMILE DENISE BENHAM 323 OAK LN 30 WILLETT POND DR 310 OAK LN ASPEN, CO 81611 WESTWOOD, MA 02090 ASPEN, CO 81611 ~AVERY® Address Labels Laser 5160® Smc.oth Feed Sheets TM Use template for 51603 WAGAR RICHARD H WALDROP L MEL WALDROP L MEL 601 E HYMAN AVE 209 COTTONWOOD LN 209 COTTONWOOD LN ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81611 WAMPLER MIKE & SANDY WASHBURN LYNN STAN WASTVEDT SUZANNE & MICHAEL 465 N'MILL ST STE 19 414 TEAL CT PO BOX 9976 ASPEN, CO 81611-1588 ASPEN, CO 81611 ASPEN, CO 81612 WEISS DAVID S WENDLING NAN JEAN WENZEL KAREN M PO BOX 11911 1335 VINE ST 1125 VINE ST ASPEN, CO 81612 ASPEN, CO 81611-3378 ASPEN, CO 81611 WHEELER PATRICIA A WHITNEY PATRICIA A WILLARD CHARLES LAWSON IV WHEELER KEITH A AS JT TENANTS ~. 1030 VINE ST 238 PRESIDIO AVE PO BOX 3513 ASPEN, CO 81611 SAN FRANCISCO, CA 94115 ASPEN, CO 81612 WILLIAMS RANCH HOMEOWNERS WILLETTE BEATRICE J 63% WILLIAMS DONALD R & NANCY ASSOCIATION 1128 VINE ST 365 LARIMORE VALLEY DR C/O KIM POPISH ASPEN, CO 81611 WILDWOOD, MO 63005 220 SILVERLODE DR ASPEN, CO 81611 WIMBERLY THOMAS FELTON 111 WINGERS JIM WOLFF SUZANNE L 9325 STEAMBOAT ISL RD NW PO BOX 1530 - PO BOX 1686 OLYMPIA, WA 98502 ASPEN, CO 81612 ASPEN, CO 81612 WRIGHT & PRUESCH MINING LTD WOLOSHIN MELVYN A & ROBERTA S ZACHARY MARC WRIGHT GARY -C/O PO BOX 7107 PO BOX 4494 201 N MILL ST WILMINGTON, DE 19803-0107 ASPEN, CO 81611 ASPEN, CO 81611 ZAUNER HEINZ ZUEHLKE WILLIAM M ZUPANCIS ROBERT L C/O BARBARA ELAIS PO BOX 806 PO BOX 11481 0451 STAGECOACH LN ASPEN, CO 81612 ASPEN, CO 81612 CARBONDALE, CO 81623 ~ AVERY® Address Labels Laser 5160® til 2*12-'4 ' f t. • . I J , I'l . 0.4.. .. ... 4- 44• 1 · 444 6 . 1 .,1.1/Ive-,4.4 - . #-tri" . 0 ' . 1 ~ 4%,751 . . f 4 -' - *l . 4. 11. 1, ' -- 7 1 . 1 , ' '; fi 1 . . . . , F 4 +F~ F A 0 1.,m...4 - -A.,",9,9£2.#*. . 4 . .1 - 1 f . C 2. 0 I . .44.* .0 ~d' \ 1-- 1- 4.'014#/t 'II. 1,;1 2 / 2% 1 r 'FLU.4,4 0 4 -1. . *al...'A 4 0 - jt,~t t , · 4»42 .- i....' I 4.1 - I I . 71. 3,24:.' a. ..4~ , ~ ' 6 **12 - . . . % » 9 9- 4, I I ./ ./ . 44,«9.14'.:fLF.* - ' , 5#ijkiK.1¥~4lt-**M**40 <<4;- r' . 4* ir cr46,9,-Ar,-7, •rnm. 00, * s • . Awu.-h 3:•, ..p ·.4•, 1. ...... r t ' ...'. .i :'... Le .r . , . * '' >4* . .' 40./. 43 +N.* d. , .% l "2 k ... .i '46 r.f i ... . 1-3 4 15. .. 4 /4 4 A- dile :~.,'.'1:~:I i ' ~ ..,1.;SM-I - t,06*1,€769 49=0* 1447-/Ir,wm*4~'-1""*'I,~iNA-. 4 44. '*.TE-2,?jew<CY&*br 24,1 :2"·Foil)# *4: L.. , '4... *C k. tl. 47 * 4 . 1 ' f '. f 0 k.z - - I · w" 4 .. r L 4, ki' .. S . a .„137 *. . I ~:7: I . ' 'OF r. I 4. « 4 a*41*r .,4 4/ 4 ·· ye . /- .9 r -' M. I / *2%9* %-3 / .. p , I ' e . 4 Aft 14* 16·74 ,%.·..: i i .7.4 , VA .61 & 0 7 ./ p - A·' 121 /vA"-*i"* 44#kt 2: 3r.9.4 W. - i.oi¥1 ' - t. 2.' 1% . 45'14 1 . 49r . 5 4. 4-7 0 ' Alan Richman Planning Services Memo To: James Lindt From: Alan Richman A Date: 9/17/2003 Re: Centennial PUD Amendment - Parking Analysis You have asked me to provide you with some additional information on the parking situation at Centennial Apartments, to augment the application I submitted for a PUD Amendment forthat property. I have spoken with Kim Keilin, the manager of the complex and she has provided me information on the existing parking situation in the rental portion of the project. There are 221 parking spaces available in the rental portion of the project. This number of spaces exceeds the current standards of the Aspen Land Use Code. This is due to the fad that of the 148 rental units in the project, 89 units are studio or one bedroom units, while 59 units have two or three bedrooms. Since the Code requires 1 space per studio or one bedroom unit (89 spaces required for 89 units) and 2 spaces per two or three bedroom unit (118 spaces required for 59 units), there should be 207 spaces provided for the 148 units. Therefore, there are 14 spaces in existence above and beyond what the Code would actually require. Accordingly, it is our position that there is adequate parking available to accommodate the proposed periodic occupancy of the model unit, particularly since the contract employees who will occupy the unit will not always require the use of a car for their business. Finally, I would point out to you that Kim has informed me that many of the occupants of the rental units do not own cars. This should not be surprising, given the location of the property on a bus route, and the fact that many people living in these affordable housing units are doing so on a limited budget. Therefore, it is the applicant's experience that there is generally sufficient parking available on the property to meet current needs and no additional parking is necessary. Please let me know if there is anything else you require as you review this application. Thanks! • Page 1 MEMORANDUM TO: Plans were routed to those departments checked-off below: X........... City Engineer X......... Community Development Engineer O......... Police Department 0........... Zoning Officer X........... Housing Authority X........... Parks Department X ........... Aspen Fire Marshal X........... City Water X........... Aspen Consolidated Sanitation District O........... Building Department 0........... Environmental Health O........... Electric Department O........... Holy Cross Electric 0........... City Attorney X ........... Streets Department 0........... Historic Preservation Officer O........... Pitkin County Planning O.........DRC FROM: James Lindt, Planner Community Development Department 130 So. Galena St.; Aspen, CO 81611 Phone-920.5095 Fax-920.5439 RE: Centennial PUD Amendment, Subdivision, and GMQS Exemption Parcel ID #2737-074-27-701 DATE: August 27,2003 COMMENTS: Please review the attached application for a PUD Amendment at Centennial. The Applicant would like the ability to use the model unit that the previously received approval for to accommodate other uses (temporary, transient housing for contract employees, long-term employee housing). Additionally, the Applicant would like to improve the playground that exists on the corner of Park Circle and Brown Lane and dedicate it to the City as a public park. A DRC Meeting will be held on Wednesday, September 3rd in the Sister Cities Room, Basement of City Hall. Please return comments to John Neiwoehner by September 10th. Please do not write in application and return the application to Planner after DRC for use by the Planning and Zoning Commission and City Council. DRC Meeting: September 3rd Comments Due: September 10th Thank You, James Lindt CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT Agreement for Pavment of City of Aspen Development Application Fees CITY OFASPEN (hereinafter CITY) and Cl.AL ..„Al rxbf-- 31 L,-.4-0 94-*v~e-Al>\A Ze (hereinafter APPLICANT) AGREE AS FOLLOWS: 1. APPLICANT has submitted to CITY an application for 909 -,te.0-2 (hereinafter, THE PROJECT). 2. APPLICANT understands and agrees that City of Aspen Ordinance No. 57 (Series of 2000) establishes a fee structure for Land Use applications and the payment of all processing fees is a condition precedent to a determination of application completeness. 3. APPLICANT and CITY agree that because of the size, nature or scope of the proposed project, it is not possible at this time to ascertain the full extent of the costs involved in processing the application. APPLICANT and CITY further agree that it is in the interest of the parties that APPLICANT inake payment of an initial deposit and to thereafter pennit additional costs to be billed to APPLICANT on a monthly basis. APPLICANT agrees additional costs may accrue following their hearings and/or approvals. APPLICANT agrees he will be benefited by retaining greater cash liquidity and will make additional payments upon notification by the CITY when tliey are necessary as costs are incurred. CITY agrees it will be benefited through the greater certainty of recovering its full costs to process APPLICANT'S application. 4. CITY and APPLICANT further agree that it is impracticable for CITY staff to complete processing or present sufficient information to the Planning Commission and/or City Council to enable the Planning Commission and/or City Council to make legally required findings for project consideration, unless current billings are paid in full prior to decision. 5. Therefore, APPLICANT agrees that in consideration of the CITY's waiver of its right to collect full fees prior to a determination of application completeness. APPLICANT shall pay an initial deposit iii the amount of $ 1603-0 which is for \*1 hours of Community Development staff time, and if actual recorded costs exceed the initial deposit. APPLICANT shall pay additional monthly billings to CITY to reimburse the CITY for the processing of the application mentioned above, including post approval review at a rate of $205.00 per planner hour over the initial deposit, Such periodic payments shall be made within 30 days of the billing date. APPLICANT further agrees that failure to pay such accrued costs shall be grounds for suspension of processing, and in no case will building permits be issued until all costs associated with case processing have been paid. CITY OF ASPEN APPLICANT & JA (11£4% H.· --s J,-; ,/Ii_c tt.. 6-- -J 71£-1 By: 1ht /~ ~-/1-J 2.-t.-=4-. p , tt.- 61-421441 Julie Ann Woods d C.uk 24 Asi?k- I L.,-Ji--4 R,-4*- Community Development Director Date: 67 50.-7 *-) - 732.- *--- 3 74©. /345 44~ Mailing Address: .4-*.rl 9 56fl , i N. 64 9.La A u a Al>L /fLOA. 0 . C . -20,0 0 // g:\support\forms\agrpayas.doc 1/10/01 Alan Richman. 01 :57 PM 1 f'/29/2003 9 Fwd: Centennial park Page 1 of 2 X-Sender: arichman@mail.sopris.net X-Mailer: QUALCOMM Windows Eudora Pro Version 4.0 Date: Wed, 29 Oct 2003 13:57:09 -0700 To: Jamesl@ci.aspen.co.us From: Alan Richman <arichman@sopris.net> Subject: Fwd: Centennial park X-MailScanner-Information: Please contact the ISP for more information X-MailScanner: Found to be clean James - Just so you know that we ARE being diligent! >X-From_: sbrown@centennialpartners.com Wed Oct 29 11:34:01 2003 >User-Agent: Microsoft-Entourage/10.1.1.2418 >Date: Wed, 29 Oct 2003 12:34:06 -0600 >Subject: Centennial park >From: Sam Brown <sbrown@centennialpartners.com> >To: Jeff Woods <jeffw@ci.aspen.co.us> >CC: Kim Miller Keilin <centmgt@rof.net>, Kim Raymond <kraymond@aspeninfo.com>, > Alan Richman <arichman@sopris.net> >X-pstn-levels: (S:64.7684 ) >X-pstn-settings: 1 (0.1500:0.MOO) >X-pstn-addresses: from <sbrown@centennialpartners.com> [115/5] >.jeff - This memo is to summarize the conversation we had yesterday. If you >believe it does not accurately reflect that discussion or if I have made a >mistake please let me know ASAP. >We discussed four issues and agreed as follows: >Planning: Kim Raymond will talk to Scott Chism in order to reach a final >conceptual plan. My general concerns are to reduce the amount of concrete >while increasing the amount of landscape, and to separate the play area from >the driveway and from the new sidewalk to be constructed at the corner of >the building. >Construction: Centennial will pay up to $25.000 for equipment in the park. >The design. construction and supervision will be undertaken by the Parks >Department at their expense. >Liability: Centennial will maintain liability insurance for the non-Park >areas of the Centennial property. The City will be liable for the areas >deeded to the City as Park including the sidewalk leading to the park and >any hard scape within the park. >Maintenance: Centennial will provide water for irrigation of the Park >landscaping. The City will design. install and maintain the irrigation for >the Park to tie into the Centennial irrigation system. Centennial will >maintain the sidewalks it currently maintains (i.e., those adjacent to the >buildings and the sidewalk on Park Circle). My understanding it that the >City had originally agreed to maintain this public sidewalk. Centennial Printed for James Lindt <jamesl@ci.aspen.co.us> 10/29/2003 Alan Richman, 01 :57 PM 1" 39/2003 , Fwd: Centennial park -- Page 2 of 2 >will not be responsible for any of the hardscape, equipment. or landscape in >the area deeded to the City. >We did not discuss preparation of the plat and ofthe subdivision agreement. >1 think that the easiest way for this to occur would be for the City >Attorney to draw up the land donation language for review by our attorney >and consultant. >I would also like to establish a value for this land and if you have any >comparables for other land purchased for Parks that would be helpful. It >may/may not be substantial, but it would be helpful to us to have a number. >Thanks. Sam Brown Printed for James Lindt <jamesl@ci.aspen.co.us> 10/29/2003 vvvv Phil Overeynder, 01:07 PM 09/19/2003 , Centennial PUD Amendment Page 1 of 1 Date: Fri, 19 Sep 2003 13:07:08 -0600 (MI)T) 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: Centennial PUD Amendment James, Thanks for checking. I don't have any additional comments that weren't included in our initial review when the "model unit" was constructed, Phil At 03:23 PM 9/18/2003 -0600, you wrote: >Hi Phil, >I am putting my staff memo together for P&Zon the Centennial application >that I referred out to DRC a couple of weeks ago and was wondering if you >had any comments about it or any specific conditions that you need? The >application requests approval of a PUD amendment to use the model unit that >was approved as an affordable housing unit at Centennial. Additionally, >they are requesting to subdivide off the playground area and dedicate it to >the City as a Public Park after it improved with new playground equipment. >Thanks, James Printed for James Lindt <jamesl@ci.aspen.co.us> 09/23/2003 vvvv +,td.... 1 91%'. r E Aut-& fdoFF couff c#t,MeNNIAL_-A·50"1 0'<1911 •461 '>ft' M 9 =r :**Itplk'flw-SITerf!»r·.1 SCALE.; l ". to -c, ./ /3-- --t>w\troth\A - . . FUMP«ft#L - f .... . NOFTH . 93 \ 1 \ 2< I . 1 1 - , ' .\ L _ - i ~dUAS._ . .. . . I | . -0,la Ute. ·* - \4 ... - \+ I. , i \4 wrrf :..frup-- . ¢316-0 li r .-7 . I Liimil.ir: ·- I -771 ..11' -*11!101*6,1 - c.«6« 11 \ Lo<,aw../E\\ l//A .:. 'INES , 1141.-'.' ~ -A: I.- ir- 0, -. 1 - ep .*6.0.-1 . 1 1.1 ,- C f AF.1*16.Ilk/G, t*.1ALLY' 1 - C1LAU•fou,IP..._. _ t. al<elik,4 . 11.1 !52•.WP.ek)*q-- . *<1-7» .. 9415626. 4 - . 10 1\~v - -- · O . I - 06 - 19 1- I ....s®JA Actess ~ 0 -- - 43£> tw Par $ .. ms H. 17 I 20 C; - ' -· 'i·.r··N> ~~"~~v.> t·t'¥9 ff"~;·'9'1~~·~Re/*f 4.Bki·.,12...?, 2 '.1 7.1¢ t. . CENTENNIAL APARTMENTS APPLICATION FOR PUD AMENDMENT GROWTH MANAGEMENT EXEMPTION SUBDIVISION REVIEW SUBMITTED BY ALAN RICHMAN PLANNING SERVICES BOX 3613 ASPEN, COLORADO 81612 920-1125 AUGUST, 2003 4 Wth,0 Re40,ta* PUot*ttet'* Set*€dea fiot 3613 Aa»t, Aimb %1612 Putel?416 (970)920-1125 4,6/4#MA@40#ta.*te¢ August 25,2003 Mr. James Lindt, Planner City of Aspen Community Development Department 130 South Galena Street Aspen, Colorado 81611 RE: CENTENNIAL APARTMENTS PUD AMENDMENT APPLICATION Dear James, On May 20,2003, the Aspen Planning and Zoning Commission adopted Resolution 12, Series of 2003, granting a PUD amendment to the Centennial PUD to develop a model unit for the rental apartments. The model unit will be located within Building "H' of the complex. The address for the model unit is 100 Luke Short Court. The entire apartment complex is zoned R/MF-A with a PUD overlay. This letter constitutes a request for a modification of that approval to permit the model unit to be occupied on a peiiodic basis solely by the owners of Centennial-Aspen or by regular or contract employees of Centennial-Aspen or its designated management firm. This application is being submitted by Centennial Aspen II Limited Partnership, the owners of the property (hereinafter, "the applicant"). Proof of the ownership of the property is provided by Exhibit #1, the title insurance policy. Authorization for Alan Richman Planning Services to represent the property owner for this application is provided by Exhibit #2. A pre-application conference was held with you on 7/15/03, and several follow-up discussions were held thereafter (see Exhibit #3, Pre-Application Conference Summary). Based on these discussions, we confirmed that this application would be subject to the following development review procedures: PUD Amendment, pursuant to Section 26.445.100 of the Aspen Land Use Code, to modify conditions #1 and #10 ofResolution 12, Series of2003; GMQS Exemption, pursuant to Section 26.470.070 J of the Aspen Land Use Code, to make the model unit a deed restricted affordable housing unit; and Subdivision, pursuant to Section 26.480.050 ofthe Aspen Land Use Code, to create a separate parcel so the applicant can dedicate the playground in front of Building H to the City of Aspen for a public park. Mr. James Lindt August 25,2003 Page Two The following sections of this application are organized to respond to the standards of the Land Use Code for these review procedures. However, before addressing these standards, the next section of this application provides some background information about the Centennial project and also describes the conditions imposed by the Aspen Planning and Zoning Commission in its original approval of the model unit. Summary of Prior and Current Land Use Applications The Centennial project consists of 240 deed restricted affordable housing units, including 148 rental units and 92 ownership units. There are no free market residential units in this project. Development of this project was approved by Pitkin County in 1983. This approval is memorialized in the Disposition and Development Agreement entered into between the applicant and the Board of County Commissioners on May 10, 1983, and in four subsequent amendments to that Agreement. Centennial was annexed into the City during the late 1980's as part of a City-initiated annexation of large portions of the Smuggler Mountain neighborhood. The apartment complex received its R/MILA zoning designation at that time. Earlier this year, the applicant submitted a request to the City of Aspen to make certain minor changes to the office, conference room, and laundry room in Building H at Centennial. These changes can be described as follows: • Create a model unit to show to prospective renters. This will be accomplished by remodeling the existing office space and expanding it by approximately 722 sq. ft. • Relocate the office to the lower level of Building 4 by eliminating the existing conference room, storage area, and some of the hallway that leads to the laundry. The new office will be 930 sq. ft., which is 300 sq. ft. larger than the existing office. The proposed changes were approved as a PUD Amendment by the Planning and Zoning Commission. Their approval is documented in P&Z Resolution No. 12, Series of 2003, attached hereto as Exhibit #4. The approved site plan, floor plan, and building elevations depicting these changes are included in this application. During the course of the hearings conducted by the Planning and Zoning Commission, the applicant held discussions with City staff about whether the model unit could be used on a periodic basis solely by the owners of Centennial-Aspen, or by regular or contract employees of Centennial-Aspen or its designated management firm. These discussions hit a dead end when the City staff determined that if the unit were occupied in this manner, the applicant would need to obtain a residential growth management allotment to occupy it as a free market unit. Applications for such allotments may only be submitted on November 15 of each year. Mr. James Lindt August 25,2003 Page Three As a means of documenting this staff determination, the P&Z included the following two conditions in its resolution: "1. The model unit may not be used for residential purposes. A subsequent PUD amendment and a GMQS allotment shall be required for the model unit to be used for residential purposes in the future. 10. The applicant shall maintain an inactive water service account for the model unit, which does not allow for water service to the model unit because it is not to be used for residential purposes." The applicant believes that establishing the model unit as a ftee market unit is not the proper approach. It has never been the applicant's intention to include free market units in this complex. For nearly 20 years Centennial has provided exclusively affordable housing for the benefit of this community. The applicant is committed to maintaining a complex that is comprised exclusively of affordable housing units. However, because the applicant has never sought the economic rewards ofbuilding free market housing in Aspen, the applicant would like to find a way to control what has become the increasing cost of providing housing for his accountants, lawyers, and other employees/contract employees who must work on the property from time-to-time. Therefore, the applicant believes that the best way to create the model unit would be for it to be an affordable housing unit. This application seeks to obtain the development right for this unit pursuant to Section 26.470.070 J. of the Land Use Code, which authorizes a GMQS exemption for deed restricted affordable housing units. The applicant hereby proposes to place a deed restriction on the model unit stating that if the unit is rented or if it is sold it will be subject to the same limitations as have been placed on the other rental or sale units in the Centennial project. This means that if the model unit is used full time for residential purposes it will become the 241 st deed restricted unit in the complex. In the interim the unit will be used as a model unit to show prospective tenants. While it is being so used the applicant would also request that the owners of Centennial-Aspen, or regular or contract employees of Centennial-Aspen or its designated management firm, be allowed to periodically occupy the unit. The periodic occupancy would be limited to just the owners and these employees, and would in no way resemble the occupancy which typically occurs with a free market residential unit. The applicant discussed this concept with staff of the Community Development Department and the Housing Office to determine how the proposed periodic use of the model unit could comply with the provisions of the Land Use Code and the Housing Authority guidelines. Based on these discussions the applicant hereby agrees to a series of restrictions on the occupancy of the unit which ensure it will be occupied on a temporary basis and which provide a mechanism for the City to properly monitor and, ifnecessary, enforce this occupancy. These limits are as follows: , Mr, James Lindt August 25,2003 Page Four • Occupancy of the unit will be limited to no more than 60 days per year, including no more than 15 days during any month and no more than 10 consecutive days at any time. No rent will be permitted to be charged for this occupancy. • The applicant will submit a quarterly report to the City detailing who has occupied the unit and on what dates it has been occupied during the past quarter. These provisions have been fonnulated considering a somewhat similar set of restrictions that were adopted by the Housing Authority to permit short term rentals by owners of affordable housing units. These provisions, found in Part V, Section 8 of the Housing Authority Guidelines, pennit the short term rental of a deed restricted ownership unit "to faculty or employees of a non-profit group who shall be qualified without meeting income and assets only for a short-term rental (three months or less)." The applicant is proposing an even more limited time period for use of the model unit (no more than 60, rather than 90, days per year), and will prohibit any rent being paid for this occupancy. These provisions and others agreed to by the applicant are specified in the proposed Draft Fifth Amendment to the Disposition and Development Agreement, attached hereto as Exhibit #5. The Disposition and Development Agreement is the legal document that binds the applicant to all of the commitments made in the approval ofthe Centennial project. It is the applicant's expectation that this Draft Fifth Amendment will require review by the City Attorney and the applicant's counsel before it is recorded. However, the substantive concepts incorporated in this Draft are an accurate statement of the applicant' s intent, and should only require legal review for technical, not substantive compliance. The applicant will record the Fifth Amendment following approval ofthis PUD Amendment. PUD Amendment Section 26.445.100 B. ofthe Aspen Land Use Code authorizes the Planning and Zoning Commission to approve a PUD Amendment that it finds to be "consistent with or an enhancement of the cuproved final development plan". The approved final development plan for this development is the PUD Amendment granted by the P&Z on May 20, 2003. This proposal is an enhancement of that approval for the following reasons: 1. The proposal ensures that if the model unit is permanently occupied as a residential unit it will be occupied as an affordable rental or sale unit. Therefore, ultimately the unit will provide needed housing for employees ofthe community. 2. The proposal also provides that in the interim the unit will function as a model unit, allowing prospective tenants to rent a unit at Centennial without having to inconvenience present tenants by forcing them to have their units available for showing while they are still in occupancy. Mr. James Lindt August 25,2003 Page Five 3. Lastly, the proposal provides for the periodic use of the model unit solely by the owners of Centennial-Aspen, or by regular or contract employees of Centennial-Aspen or its designated management firm. Permitting such occupancy will reduce the cost ofmanaging this affordable housing project, thereby providing additional funds that Centennial-Aspen can use to maintain and upgrade the property. One additional benefit of the proposed PUD Amendment can be found in paragraph 1 of the Fifth Amendment to the Disposition and Development Agreement. Apparently, City of Aspen staff have uncovered some technical problems with the prior City-initiated annexation of the Centennial property. In paragraph 1 the applicant commits to cooperating with the City of Aspen by taking those actions necessary to ensure the entire site is incorporated within the City boundaries. Finally, it should be pointed out that with one exception (described below), there are no physical changes to the property associated with this proposed amendment, The physical changes to the property were authorized pursuant to the prior PI-ID Amendment. Therefore, the applicant's responses to the criteria of Sections 26.445,040 and 26.445.050 ofthe Land Use Code, all ofwhich are contained in the prior application for PUD Amendment, are not repeated herein. Instead, these responses and the relevant conditions established by the Planning and Zoning Commission in its approval of that application are hereby incorporated in this application by reference. The one exception to the above statement is a proposal by the applicant to improve the playground in front of Building H and to dedicate the playground to the City as a public park. While preparing this application, the applicant met with representatives of the City of Aspen Parks Department to review the current condition of the playground. The playground was built during the original construction of the apartment complex. The materials used on the children's play equipment have aged, are no longer state-of-the-art, and are in need ofreplacement. The applicant sought the advice of the City's Parks Department because they have had many recent successes replacing similar facilities and building new playgrounds around Aspen. The applicant suggested that it might be possible to accomplish these improvements cooperatively. The applicant would pay for the cost ofmaking the improvements and would dedicate the playground to the City as a public park. In exchange, the Parks Department would share its expertise by acting as the site planner for the playground, bidding out the equipment, and providing the labor needed to install the facilities. A letter to the Parks Department summarizing the complete terms of this offer is attached as Exhibit #6. As of the time of the submission of this application, the applicant had not received any formal response to this offer from the City. It is the applicant's expectation that the City staff will review this offer in detail during the referral process for this application, so the City Council can take action on this proposal in the context ofits review this application. I ' Mr. James Lindt August 25,2003 Page Six We believe this offer is a great opportunity for the City. In our initial meeting, the Parks Department staff appeared to share our enthusiasm for this project. As shown on the site plan and the vicinity map, the playground is located at the very edge of the apartment complex. Over the years, it has seen considerable use from residents of the Smuggler neighborhood, particularly since there is a sidewalk that goes right from Park Circle to the playground. Smuggler is one of Aspen's densest neighborhoods, and the Parks Department has been anxious to establish more public parks in this area. The facilities that would be installed would be simple, to attract people from the immediate area, but not to become a tranic generator for the area. GMQS Exemption Section 26.470.070 J. of the Aspen Land Use Code states that all affordable housing deed restricted in accordance with the housing guidelines of the City Council and its housing designee shall be exempt from the GMQS. The Section goes on to provide the following standard for the review of this exemption: The review of any request for exemption of housing pursuant to this Section shall include a determination of the City's need for such housing, considering the proposed development's compliance with an adopted housing plan, the number of dwelling units proposed and their location, the lype of dwelling units proposed, specifically regarding the number of bedrooms in each unit, the size of the dwelling unit, the rental/sale mix of the proposed development, and the price categories to which the dwelling units are to be deed restricted. The applicant proposes to create one additional affordable housing unit at Centennial. Floor plans for the approved model unit are included in this application. These drawings show that the unit will be a two bedroom toi The applicant proposes to place a deed restriction on the model unit stating that ifthe unit is rented or if it is sold it will be subject to the same limitations as have been placed on the other rental or sale units in the Centennial project. The limitations were first established in the Disposition and Development Agreement and were later refined in the Order, Judgment and Decree that resolved litigation between Centennial-Aspen and the City, County, and Housing Authority. The Order, Judgment and Decree is the most current document that establishes the permissible rental price per square foot for the apartments. It also specifies the method of calculating the annual increase in these rents, based on the Consumer Price Index (CPI). Units are classified as either Category 1 or Category 3 units. Given the size of the model unit, the Housing Guidelines would indicate that the unit should be assigned to Category 3. The applicant would request that this designation be placed on the model unit. Mr. James Lindt August 25,2003 Page Seven Subdivision The applicant proposes to create a new parcel, so the playground can be dedicated to the City ofAspen as a public park. The parcel will be less than 14 acre in size; its exact size and configuration will be established during the review process, in conjunction with the City's Parks Department. A plat showing the precise configuration of the parcel will be submitted and recorded following approval of this application by the City. It would be the applicant's intention to dedicate to the City the area where the playground equipment is located, plus a portion of the immediate surrounding grass area, to permit the installation of benches and other appropriate facilities. Easements will need to be established for existing infrastructure and to ensure appropriate public access into the playground area. Following dedication of the land to the City, the City would become responsible for maintenance and upkeep ofthe playground. The applicant's responses to the standards for subdivision review of Section 26.480.050 are as follows: A. General Requirements. 1. The proposed subdivision shall be consistent with the Aspen Area Community Plan. Response: Creation of a parcel so this playground can become a City park is consistent with the AACP. 2. The proposed subdivision shall be consistent with the character of existing land uses in the area. Response: The playground is already developed and is well landscaped so it fits with the character of the surrounding area. 3. The proposed subdivision shall not adversely affect the future development of surrounding areas. Response: The playground already exists and has been enjoyed by residents of the Smuggler area for many years. 4. The proposed subdivision shall be in compliance with all applicable requirements of this title. Response: The subdivision will comply with all applicable requirements ofTitle 26. , Mr. James Lindt August 25,2003 Page Eight B. Suitability of Ijand for Subdivision. 1. The proposed subdivision shall not be located on land unsuitable for development because offlooding, drainage, rock or soil creep, mudflow, 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. Response: The playground site is already developed. No such hazardous or harmful conditions will limit the development this property. 2. 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. Response: No public facilities are required for the park. All public facilities to serve the Centennial project are already in place. C. Improvements. The improvements set forth at Chapter 26.580 shall be provided for 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. Response: The improvements necessary for the playground will be installed as part of the site re- development by the applicant and the City. D. A subdivision which is comprised of replacement units shall be required to provide affordable housing in compliance with the requirements of Chapter 26.520, Replacement Housing Program. A subdivision whichis comprised of newdwelling units shallberequired toprovide affordable housing in compliance with the requirements of Chapter 26.470, Growth Management Quota System. Response: This standard is not applicable to the proposed development. E. Compliance with the School I.,and Dedication Standards set forth at Chapter 26.630. Mr. James Lindt August 25,2003 Page Nine Response: This standard is not applicable to the proposed development. F. Subdivision approval may only be granted to applications for which all growth management allotments have been granted or growth management exemptions have been obtained, pursuant to Chapter 26.470. Response: By definition the development of a park is not a residential, commercial, or tourist accommodations development, and is exempt from growth management. Vested Rights Pursuant to Section 26,52.080 of the Aspen Municipal Code, the applicant hereby requests that this development be granted vested rights status. Conclusion The applicant has responded to the standards of the Aspen Land Use Code applicable to the project, pursuant to direction given by the Community Development Department during pre-application meetings. Sufficient evidence has been provided of the project's compliance with said standards and the applicant has made commitments in order to ensure that the proposed development will mitigate all of its impacts. The applicant will respond in a timely manner to requests by any reviewing agency for additional information, or clarification ofthe statements made herein. Thank you for your assistance while this application was being prepared. Please do not hesitate to contact me ifyou have any questions. Very truly yours, ALAN RICHMAN PLANNING SERVICES A~441/12 Alan Richman, AICP EXHIBITS EB-10-2003 16:04 FROM: CENTENNIAL 202-723-8532 , TO:9709252252 P. 005/000 EXHIBIT #1 SCHEDULE A-LOAN POLICY CASE NUMBER DATE OF POLICY AMOUNT OF INSURANCE POLICY NUMBER 4.* PCT16290l.2 October 11, 2001 @ 2-28 PM $10,401,644.00 G47-0889959 1. NAME OF INSURED: US. BANK NATIONAL ASSOCIATION, ITS SUCCESSORS AND/OR ASSiGNS 2. THE ESTATE OR INTEREST REFERRED TO HEREIN IS AT DATE OF POLICY VESTED IN: CENTENMAL-ASPEN Il LIMITED PARTNERSHIP, A COLORADO LIMITED PARTNERSHIP 3. THE ESTATE OR INTEREST IN THE LAND DESCRIBED IN THIS SCHEDULE AND WHICH IS ENCUMBERED BY THE INSURED MORTGAGE IS: IN FEE SIMPLE 4. THE MORTGAGE, HEREIN REFERRED TO AS THE INSURED MORTGAGE, AND THE ASSIGNMENTS THEREOF, IF ANY, ARE DESCRIBED AS FOLLOWS: Deed of Trust from . CENTENNIAL-ASPEN 11 LIMITED PARTNERSHIP, A COLORADO LIMITED PARTNERSHI P To the Public Trustee of the County of PITKIN For the use of : U. S. BANK NATIONAL ASSOCJATION Original Amount : $10,401,644,00 Dated : October 11,2001 (-, Recorded : October 11, 2001 Re©eption No 459687 5. THE LAND REFERRED TO IN THIS POLICY IS SITUATED IN THE COUNTY OF PITKIN, STATE OF COLORADO AND IS DESCRIBED AS FOLLOWS- See Attached Exhibit "A" PrTKIN COUNTY TrILE INC 601 E. HOPKINS AVE. ASPEN COLORADO 81611 (970) 925·I 766 (970) 925-6527 FAX THE POLICY NUMBER SHOWN ON THIS SCHEDULE MUST AGREE WITH THE PREPRINTED NUMBER ON THE COVER SHEET FEB-10-2003 16:83 FROM.~ENTENNIAL ' 202-723-8532 TO:9789252252 P.004/005 .. ENDORSEMENT FORM 107.3 ATTACHED TO AND MADE A PART OF LAWYERS TITLE INSURANCE CORPORATION 'OUCY NO. G47-0889959 CASE NO. PCT16290L2 1--- The Company does hereby increase the face amount of said policy from $10,401,644.00 to $14,401,644,00, per the Modification of Loan Documents recorded October 26, 2001 as Reception No. 460122 and the effective date of said policy is changed to read: October 26, 2001 @ 02:50 PM. The Company hereby insures: (1) Thal, except as otherwise expressly provided herein, there are no liens, encumbrances or or other matters shown by the public records, affecting said estate or interest, other than those shown in said policy, except: (2) That, as shown by the public records, the title to said estate or interest is vested in : CENTENNIAL-ASPEN It LIMITED PARTNERSHIP, A COLORADO LIMITED PARTNERSHIP This endorsement is made'a part of the policy and is subject to al! the terms and provisions thereof and of any prior endorsements thereto. Except to the extent expressly statedl it neither modifies any of the terms and provisions of the policy and prior endorsements, if any, nor does it extend the effective date of the policy and prior endorsements or increase the face amount thereof. IN WITNESS WHEREOF, the Company has caused this Endorsement to be signed and sealed and to be valid when countersigned by an authorized officer or agent of the Company, all in accordance with its By-Laws. ISSUED AT PrrKIN COUNIY TITLE, INC.,-,601 E. HOPKINS AVE., ASPEN, COLORADO 81611 /1. COUNTERSIGNED: 7712~~*MC#*,rn j f IZED OFFICER OR AGENT / 28-10-2003 16: 04 FROM: CENTENNIAL 202-723-8932 · TO: 97@923209 P. 007:309 SCHEDULE B-PART I , CASE NUMBER DATE OF POLICY POLICY NUMBER - PCT16290l.2 October 11, 2001 @ 2.28 PM G47-0889959 THIS POLICY DOES NOT INSURE AGA]NST LOSS OR DAMAGE BY REASON OF THE FOLLOWING- ..· 1. Rights or dalms of partes in possession not shown by the public records. f. - ~32. ~~Easements, or.itihimitf *asements.trior:i€hewo hy·,the:publk.,me©Lds .-0 3. Discrepancies. conflicts in boundary lines, shoriage in area, encroachments, any facts which a correct . 2 1. survey ind inspection of the prernises would disclose and which are not shown bv the public records, 4. Any lien, or right to a lien, for services, labor, or material heretofore or hereafter furnished, imposed by law ~ and not shown by the public reards. 5. Water Mghts or claims of title to water. 6 Taxes for the year 2001 not yet due or payable. 7. Right ofway for construction and meintenance of pipes, mains: ditches, flumes. darrJ and reservoirs as granted to David R.C. Bnown by instrument recorced March 18, 1885 in Book 24 at Page 59. (Specific location not defined in instrument) 8. Right of way for water pipes and majns, and for eledric transmission pole line as granted to James A. Devereux by instrument recorded January 20, 1887 in Book 29 at Page 582. (Spedfic location not defined in instrument) 9. Terms, conditions and obligations as contained in Agreement between Cowenhoven Mining Transportabon and Drainage Tunnel Company and: (a). The Bushwacker Mining Company, recorded December 6, 1890 An Book 80 at Page 422. (b). The Della S. Mining Company, recorded February 2, 1891 in Book 80 at Psge 580. (c). The AM<ansaw Consolidated Mining Company, reccrded April 20, 1891 in Book 92 at Page 66. (d). The Pontiac Mining Company, recorded March 29, 1892 in Book 114 at Page 1. 10. Reservations, exceptions, mining rights, mineral rights as contained In Unjted States Patents recorded July 19, 1893 in Book 39 at Page 123; October 26, 1895 in Book 136 at Page 49; September 10, 1897 in Book 136 at Page 149; December 14, 1900 in Book 39 at Page 136; December 24, 1902 in Book 55 at Page 116; May 20, 1949 In Book 175 at Page 168; May 20, 1949 in Book 175 at Page 171; August 29, 1958 in Book 185 at Page 69. 11. Terms, conditions, provisions and obligations as set forth in Easement Agreement between Delia S. Consolidated Mines Company: J,mes Markalunas, Ramona Mari<alunas and Donald T. Randall, recorded May 18,1964 in Book 207 at Page 109. 12. Teens, conditions, provisions and obligations as set forth in Grant of Easement and Agreement between Top of Aspen, Inc., Mitchell Development Corporation of the Southwesi and Cecil Lewiti, recorded October 23, 1978 in Book 356 at Page 952. 13. Terms: conditions, provisions and obligations as set forth in Easement Agreement between Top of Aspen, Inc., and Trim International, Inc., recorded January 9, 1979 in Book 361 at Page 306. (Con#nued) FEB-10-2003 16: 05 FROM NTENNIAL 202-723-8532 TO:9709252252 P.008'009 .. POLICY NO. G47-0889959 CASE NO, PCT16290L2 L SCHEDULE B-PART 1 -EXCEPTIONS--CONTINUED- 14. Terms, conditions, provjsions, obligations and all matterE as set forth in Resolutions of tile The Board of County Commissioners recorded March 22 1983 in Book 442 at Page 320 as Resolution No. 83-20; February 3, 1984 in 'to*1450 '87*age*14@35:Resctutie,iNG.444..Februafy 13, 1984 in Book 460 at Page 867 as Resolution No. 84-11 : February 22, 1984 in Book 461 at Page 437 as Resolutiori No, 54-10,< Apli1226,1984 in;606*455'at:Page 348 as Resolution No. 84-32; Apal 1,1985 in Book 483 at Page 692 as Resolution No. 85-27, 15. Terms, conditions, provisions and obligations as set forth in Subordination of Mineral Rights, recorded November 11,1983 in Book 455 at Page 199. 16. Terms, conditions, provisions and obligations as set forth in Improvements Agreement recorded February 13, 1984 in Book 460 at Page 862 17. Easements, rights of way and all matters as disdosed on Plat of subject property recorded in Plat Book 17 at Page 30. 18. Temls, conditions, provisions and obligations as set forth in Ackowledgment of Use of Easement recorded October 3, 1984 in Book 474 21 Page 470. 19. Easements as shown on the survey by Alpine Surveys, dated August 13, 1984, and updated December 8, 1996 as Job No. 82-146.6, and further updated October 5,2001, by James Reser, regjstered Land Surveyor, No. 9184. 20. Those covenants, conditions, terms, obligabons, licenses, easements and restrictions which are a burden to 6 Subject property as described in the Condominium Declaration for Centennual Condominiums recorded October 3, 19&4 in Book 474 at Page 479, and amendments thereto recorded January 25, 1985 in Book 480 at Page 510 and March 7,1985 in Book 482 at Page 455. 21. Terms, conditions, provisions and obligations as set forth in Amended and Restated Regulatory Agreement and Declaraoon of Restrictive Covenants recorded December 16,1996 as Reception No. 400032. 22. Easements as granted to Holy Cross Electric Association, Inc., recorded February 2,1985 in Book 481 at Page 205 and Februiry 8, 1985 in Book 481 at Page 216 and March 3,1986 in Book 506 at Page 506. 23. Terms, conditions, provislons and obligations as set forth In Easement Agreement recorded April 25, 1985 in Book 485 at Page 159- 24. Terms, conditions, provisions and obligations as set forth in Grant of Access Easement and Agreement recorded May 13,1985 in Book 486 at Page 38 25. Terms, conditions, provisions and obligations as set forth in Permanent Easement recorded January 13, 1986 in Book 503 at Page 253 26 Terms, conditions, provisions and obliga#ons as set forth in Partial Release of Easement recorded Februar·y 12, 1986 in Book 506 at Page 225. (Conunued) EB-10-2083 16: 05 FROM: CENTENNIAL 202-723-8532 , TO: 9709252252 P. 309/009 POUCY NO. G47-0889959 CASE NO. PCT16290L2 SCIIEDULE B-PART 1 --EXCEFTIONS-CONTINUED- 27. Terms, conditions, provisions and obligations as sel forth in Amended Agreement for Access and Utility Easements recorded April 2: 1986 In Book 508 at Page 312. 28, Terms, tonbitions, pruvisionG undjobagatieasass.el foftb in Parking Agreement, Cease, and Easement recorded Aprit 4,1986 in Book 508 at Page 380, and the effect of any TalluTe to complrwithlhaterms of:shictlease. ..c r 29. Terms, conditions, provisions and obligations as selforth in Bill cf Sale and Grant of Easement recorded August - · 2-: : 2-. - 26,1987 in Book 544 at Page 558. r-I 30. Terms, conditions, provisions and obligations as set forth in Licence To Use Property recorded August 28, 1989 in Book 600 at Page 406. 31. Tenns, conditions, provisions and obligations as set forth in Abstract of Extended Lease with Autornatjc Laundry Company, recorded September 2, 1994 in Book 760 at Page 431. 32. Terms, conditions, provisions, obligations and all matters as set forth in Resolution of the Board of County Commissioners recorded June 27, 1994 in Book 754 at Page 204 as Resolution No. 94-99. 33. Those tenancies as set forth in Rent Roll Mtached to and made a part ofthis policy EXCEPTIONS NUMBERED 1,2,3 AND 4 ARE HEREBY OMITTED. FEB-10-2003 16:04 FROM -NTENNIAL 202-723-8532 TO:9709252252 P.006/009 EXHIBIT "A" LEGAL DESCRIPTION LOT 3, THE CENTENNIAL CONDOMINIUM SUBDIVISION AND CONDOMINIUM PLAT, according to the Second Amended Plat of the Centennial Condominium Subdivision and Condominium Plat, recorded June 3, 1985 in Plat Book 17 at Page 30. TOGETHER WITH those easements which are a benefit to above said Lot 3, as set forth in the Condominium Declaration for Centennial Condominiums recorded October 3, 1984 in Book 474 at Page 479 as amended January 25, 1985 in Book 480 at Page 510 and March 7, 1985 in Book 482 at Page 455. TOGETHER VWTH those easements which are a benefit zo above said Lot 3, as set forth in Permanent Easement fecorded January 13, 1986 in Book 503 at Page 253. TOGETHER WITH the airspace as ser forth in Partial Release of Easement recroded February 12, 1986 in Book 505 at Page 225. TOGETHER WITH those easements which are a benefit to above said Lot 3, as set forth in Parking Agreement Lease, and Easement recorded April 4, 1986 in Book 508 at Page 380. TOGETHER WITH thal certain Leasehold Estate for parking spaces, as created by Parking Agreement, Lease, and Easement recorded April 4,1986 in Book 508 at Page 380, for a term ending April 4,2084. EXHIBIT #2 Mr. James Lindt, Planner City of Aspen 130 South Galena Street Aspen, Colorado 81611 RE: CENTENNIAL APARTMENTS PUD AMENDMENT APPLICATION Dear James, I hereby authorize Alan Richman Planning Services to act as my designated representative with respect to the land use application being submitted to your office to amend the Centennial Apartments PUD. Alan Richman is authorized to submit a PUD Amendment and GMQS Exemption application for the recently approved model unit. He is also authorized to represent me in meetings with City of Aspen staff and the City's review bodies. Should you have any need to contact me during the course of your review of this application, please do so through Alan Richman Planning Services, whose address and telephone number are included in the application. IM-EL-44 San#W. Brown, Presidenf / Wolld Class Housing, Inc.,/(he General Partner of Centennial Aspen, A Limited Partnership, the General Partner of Centennial Aspen II Limited Partnership 5611 16th Street NW Washington, D.C. 20011 202-882-4400 EXHIBIT #3 CITY OF ASPEN PRE-APPLICATION CONFERENCE SUMMARY PLANNER: James Lindt, 920.5095 DATE: 8/15/03 PROJECT: Centennial PUD Amendment- Model Unit Amendment REPRESENTATIVE: Alan Richman OWNER: Centennial II Limited Partnership TYPE OF APPLICATION: Subdivision, PUD Amendment, GMQS Exemption for development of an Affordable Housin Unit DESCRIPTION: As was discussed during the pre-application conference, the Applicant would li to be able to use the model unit that was approved to be constructed for t purpose of temporarily housing staff such as auditors when they are in tow Additionally, the Applicant indicated that they were willing to deed restrict the u as an affordable housing after its use as a model unit is no longer needed or if t property were to change ownership. Therefore, it was decided that t appropriate review process to develop such a unit would be to request a PL Amendment and a GMQS exemption to develop an affordable housing unit so th the Applicant could negotiate with City Council the terms of an interim de, restriction that would allow the unit to be used to house temporary staff. The Applicant would also like to give the land on which the existing playgrout sits to the City for the development of a neighborhood pocket park. This w require subdivision to parcel this area offfrom the remainder of Centennial. Applicable Code Sections: 26.480.050 Subdivision 26.445.100(B) Planned Unit Development (PUD) Amendment 26.470.070(J) GMQS Exemption for Affordable Housing 26.304.060(B)(1) Combined Reviews Review by: Staff for complete application, referral agencies for technical considerations (Housing), Planning and Zoning Commission for recommendation to City Council, City Council for final review of the proposed subdivision, PUD amendment and GMQS Exemption. Public Hearing: Yes at P & Z, Council 2nd Reading of Ordinance Planning Fees: $2520 Deposit for 12 hours of staff time (additional stafftime required is billed at $210 per hour] Total Deposit: $2520 To apply, submit the following information: 1. Total Deposit for review of application. 2. Applicant's name, address and telephone number, contained within a letter signed by the applicant statin the name, address, and telephone number ofthe representative authorized to act on behalf ofthe applicant. 3. Signed fee agreement. 4. Pre-application Conference Summary. 5. An 8 1/2" x 11" vicinity map locating the subject parcels within the City of Aspen. 6. Proof of ownership. 7. Approved site plan. 8. Approved floor plans and elevation drawings that include the approved dimensional requirements established in the PUD. 9. Proposed interim deed restriction language. .. 0. A written description ofthe proposal and a written explanation of how a proposed development complies with the review standards relevant to the development application. 20 Copies ofthe complete application packet (items 2-10) 1. Applications shall be provided in paper format (number of copies noted above) as well as the text only on either of the following digital formats. Compact Disk (CD)-preferred, Zip Disk or Floppy Disk. Microsoft Word format is preferred. Text format easily convertible to Word is acceptable. 'rocess: Appty. Planner checks application for completeness. Application referred to applicable referral agencies. Applicant is given a )ublic hearing date by Staff. Staff writes a memo of recommendation. Planning and Zoning Commission reviews case and makes a ecommendation to City Council. City Council makes final determination on land use requests. )isclaimer: ['he foregoing summary is advisory in nature only and is not binding on the City. The summary is based on current zoning, which is iubject to change in the future, and upon factual representations that may or may not be accurate. The summary does not create a egal or vested right. 1111\111\111\11~ \Ill\ till/Ill lil 'mill lili lili 07/02/2003 11:50A EXHIBIT #4 .49. v ge: 1 -1 4 SILVIA DAVIS PITKIN CCUI\Fl " Co R 21.00 D 0.00 RESOLUTION N0.12 (SERIES OF 2003) A RESOLUTION OF TIll£ CITY OF ASPEN PLANNING AND ZONING COMMISSION APPROVING A PUD AMENDMENT TO THE CENTENNIAL PUD TO ALLOW FOR A REMODEL OF THE EXISTING OFFICE AND THE CREATION OF A MODEL UNIT IN BUILDING H, OF THE CENTENNIAL RENTAL HOUSING UNITS, CITY OF ASPEN, PITKIN COUNTY, COLORADO. Parcel ID: 2737-074-27-701 WHEREAS, the Community Development Department received an application from Centennial Aspen II Limited Partnership, represented by Kim Raymond Architects, requesting approval of a PUD amendment to the Centennial PUD to move and expand the existing administration office in Building H to the lower level of the building and to create a model unit; and, WHEREAS, the Community Development Department is not requiring an approval of a GMQS exemption or allotment for the model unit because it is not to be inhabited; and thus, it is not a new residential unit; and, WHEREAS, upon review of the application and the applicable code stan**.ds, the Community Development Department recommended approval of the proposed PUD amendment with conditions; and, WHEREAS, during a duly noticed public hearing on April 15, 20031 the Planning and Zoning Commission opened and continued the public hearing to May 6, 2003; and, WHEREAS, during a duly noticed public hearing on May 6,2003, the Planning and Zoning Commission opened and continued the public hearing to May 20,2003; and, WHEREAS, during a duly noticed public hearing on May 20th, the Planning and Zoning Commission reviewed and considered the development proposal under the applicable provisions of the Municipal Code as identified herein and approved this resolution, by a four - zero (4 - 0) vote; approving the proposed amendment with the conditions of approval contained 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 finds that this resolution furthers and is necessary for the promotion ofpublic health, safety, and welfare. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ASPEN PLANNING AND ZONING COMMISSION AS FOLLOWS: lil li 11 l ili 11111111111111'llili Page: 2 of 4 484904 07/02/2003 11:50A SIlk-A DA.5 Fi-KIA CCL,·TY CO R 21.00 D 0.00 Section 1: Pursuant to the procedures and standards set forth in City of Aspen Land Use Code Section 26.445, Planned Unit Development; a PUD amendment to allow for the existing administration office in Building H of the Centennial PUD to be moved and expanded into the lower level o f the building and for a model unit that includes a loft to be created on the main level o f the building as was represented · on the site plan and elevation drawings presented to the Planning and Zoning Commission oil May 20% 2003 and on file at the City Clerk's Office, is hereby approved with the following conditions: 1. The model unit may not be used for residential purposes. A subsequent PUD amendment and a GMQS allotment shall be required for the model unit to be used for residential purposes in the future. 2. The applicant shall obtain a tree removal permit prior to removing or relocating any trees from the site in which a tree removal permit is required pursuant to Section 11 of the City of Aspen Municipal Code. 3. The applicant shall comply with Ordinance No. 25, Series of 1994 regarding the handling of any contaminated soils within the former Smuggler Superfund Site prior to any excavation on and/or prior to the application for building permit. All contaminated soils that are removed from the site shall be transported to the Pit]<in County Landfill and disposed of at the Sm~¢Eler repository. All soils on the site shall be considered contaminated unless detennined otherwise through testing that adheres to the protocols that were established by the Environmental Protection Agency pursuant to Ordinance No. 25, Series of 1994. Any disturbed soil or material that is to be temporarily stored above ground or remain on site shall be securely contained on and covered with a non-permeable tarp or other protective barrier approved by the Environmental Health Department so as to prevent leaching of contaminated material onto or into the surface soil and to prevent windblown dust. 4. The owner and general contractor shall submit a letter to the City of Aspen Environmental Health Department stating that they have read, understood, and will comply with the regulations for handling contaminated soils within the former Smuggler Superfund Site as set forth in Ordinance No. 25, Series , of 1994 prior to any excavation and/or issuance o f building permits for the property. 5. The applicant shall submit a dust suppression plan for approval by the City Environmental Health Department prior to any activity or development occurring on the site. All activity or development shall be accompanied by dust suppression measures such as the application of water or other soil surfactant to minimize the creation and release of dust and other particulates into the air. No soil may be tracked onto paved roads without being immediately removed. i Ill Illilli T lili lil--I Fil TI'illillilill Ilil~Rli 10:Z .i:50 Page: 3 of 4 SILLIA DAVIS PITKIN OUNTY CO R 21.00 D 0,00 6. The owner shall complete the Soil Removal Permit and Affidavit for excavation prior to any excavation or disturbance of soil and prior to any issuance of building permits for the property. 7. The applicant shall comply with the City o f 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. The water tap fees that are based on the number of fixtures shall be calculated as if the model unit were to be used for residential purposes. 8. 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 sanitation-related improvements below grade shall require the use of a pumping station. Sanitation District fees that are based on the number of fixtures shall be calculated as if the model unit were to be used for residential purposes. 9. The Applicaht shall erect a sign that prohibits public vehicular entry and parking on the eight (8) foot wide maintenance vehicle entrance that exists west o f the playground that enters off o f Park Circle. Maintenance velfffies may continue to use the driveway. 10. The Applicant shall maintain an inactive water service account for the model unit, which does not allow for water service to the model unit because it is not to be used for residential purposes. Section 2: This resolution serves to put the applicant on notice that the approvals granted herein, and the development of the property pursuant to this approval, does not guarantee GMQS or - any other future approvals for the use of the property with an additional residential unit. The applicant is subject to full enforcement measures under the City ofAspen Municipal for any violation now or in the future. Section 3: 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 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 4: 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 under such prior ordinances. Section 5: 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 20th day o f May, 2003. APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION: _014 1 )#- 4Fb--6226-730(144 City Attorney Jasmine Tygre, Chair fu ATTEST: 111111111 1 11 lilli 1111111111 lilli lill i 07/02/2003 11:50A 484904 Page: 4 of 4 S--LVIA DAVIS PI-KIN COUNTY CO R 21.00 D 0.00 ~ackle Lothian, Deputy City Clerk . EXHIBIT #5 DRAFT Fifth Amendment to Disposition and Development Agreement By and between The Board of County Commissioners of Pitkin County, Colorado and Centennial-Aspen, A Limited Partnership (the assignee of World Class Housing, Inc.) This Fifth Amendment to the Disposition and Development Agreement ("Fifth Amendment") is made and entered into by and between the Board of County Commissioners of Pitkin County, Colorado (the "County") and Centennial-Aspen, A Limited Partnership ("Centennial Aspen"), the assignee of World Class Housing, Inc. (WCH). WHEREAS, on May 10, 1983, the County and WCH entered into a Disposition and Development Agreement (the "Agreement," which term includes the First, Second, Third and Fourth Amendments described below, and this Fifth Amendment, unless the context otherwise requires) for the construction, management, and operation of an employee housing project upon that land described in the Agreement as the "Site"; and WHEREAS, the First, Second, Third and Fourth Amendment to the Agreement were executed by the County and Centennial-Aspen on April 27, 1984; August 8,1984, April 10,1986, and September 21,1987 respectively; and WHEREAS, it is the desire of the County and Centennial-Aspen to further amend the Agreement to reflect the annexation of the Site into the City of Aspen, Colorado; to make certain modifications to the Annexation Agreement; and to place certain restrictions on and provide for limitations on the occupancy of the model unit that was authorized by the action of the Planning and Zoning Commission on May 20,2003. NOW, THEREFORE, in consideration of the mutual covenants herein contained, the parties hereto agree that: ' 1. Centennial-Aspen will cooperate with the City of Aspen to take those actions required to insure that the entire Site is incorporated within the corporate limits of the City of Aspen. 2. All references to Pitkin County in the Disposition and Development Agreement or its Amendments shall be interpreted to also include the City o f Aspen to reflect the incorporation of the Site into the City of Aspen. 3. Notwithstanding any other provisions of the Disposition and Development Agreement, including Section 2.01 (c) (6) as amended, Centennial-Aspen shall be permitted to build 722 additional square feet and convert a portion of the existing office to residential square footage, for a total of 105,769 residential square feet, substantially in accordance with the design approvals granted by the Planning and Zoning Commission on May 20,2003 and attached hereto. The portion of the building which is designated as "Model unit" shall not be rented, except in accordance with the provisions of the Stipulated Motion entered into between Centennial-Aspen II Limited Partnership and the City of Aspen and the City Council of Aspen, the County of Pitkin, Colorado and the Board of County Commissioners of Pitkin County, Colorado and the Aspen/Pitkin County Housing Authority and the Board of Directors of the Aspen/Pitkin County Housing Authority entered on June 17,1994. 4. The portion of this new construction that is designated "Model unit" shall not be sold, except in accordance with the provisions of the Disposition and Development Agreement, including Section 2.01 (f) as amended, applicable to other Converted Sales Units. 5. Until such time as the portion of this new construction that is designated "Model unit" is rented or sold, it may be occupied on a transient basis only by owners of Centennial-Aspen or by regular or contract employees of either Centennial-Aspen or its designated management firm while engaged in the ordinary course of business. No rent shall be charged for this occupancy. 6. To ensure that the permitted occupancy remains transient, occupancy by such persons shall be subject to the following limitations: . a. The unit may be occupied no more than sixty (60) days per calendar year; and b. The unit may be occupied no more than fifteen (15) days during any month, and no more than ten (10) consecutive days at any time. c. At the end of each quarter of the calendar year, Centennial-Aspen shall submit a report to the Aspen Community Development Department and the Housing Office. The report will provide an accounting of who has occupied the unit and on what days it has been occupied during the prior quarter, so the City can verify that the unit is being occupied according to the terms of this Agreement. 7. Any provisions of the approval granted by the Planning and Zoning Commission on May 20,2003 which conflict with this Amendment shall be superceded by this Amendment. 8. All terms used in this Fifth Amendment, whether capitalized or not, unless otherwise stated, shall have the same meaning as when used in the Agreement, whether by explicit definition or as a matter of custom and usage. 9. Except as modified by this Fifth Amendment, the Agreement shall remain if full force and effect as previously executed. 10. If any provision in this Fifth Amendment is inconsistent with any provision of the Agreement, then the provision contained herein shall prevail and control. 11. References to section number and headings herein shall be consistent with and as defined in the Agreement. 12. The effective date of this Fifth Amendment shall be the date upon which this Fifth Amendment shall have been executed by both of the parties hereto. 13. This Fifth Amendment may be executed in counterparts, such counterparts shall be deemed to be originals and shall together constitute one and the same instrument. IN WITNESS WHEREOF, this Fifth Amendment has been executed and delivered by the parties hereto as of the dates indicated below. ATTEST: Aspen City Council BY: Deputy Clerk and Recorder Mayor CENTENNIAL-ASPEN, A LIMITED PARTNERSHIP BY: World Class Housing, Inc, Its General Partner BY: President Date: Attest: APPROVED AS TO FORM: CITY ATTORNEY ' EXHIBIT #6 ARM Ze4000.0 P.tg, Sew€eee €61 3613 Aaizat, €.t-4 21612 PAO.te/?eve (970)920-1125 dta*t»o,#'ta. etet August 19, 2003 Mr. Jeff Woods, Director City of Aspen Parks Department 585 Cemetery Lane Aspen, Colorado 81611 RE: PLAYGROUND AT CENTENNIAL APARTMENTS Dear Jeff, The purpose of this letter is to memorialize the elements of the conceptual agreement we reached last week in my work on behalf of the Centennial-Aspen II United Partnership, the owners of the Centennial Apartments. We met last week to look at the playground located in front of Building H at the apartment complex. At the meeting we discussed the possibility of the owners working together with the City to improve the playground and to dedicate it to the City as a public park. You were quite enthusiastic about this opportunity, and the owners are generally comfortable with the approach we discussed. Following is a delineation ofthe primary responsibilities that would be associated with this cooperative effort: Owners' Responsibilities 1. The owners will pay for the new equipment to be installed at the playground, and for the associated site improvements. The owners commit to spend up to, but not more than, $25,000 on this project. It is, of course, their hope that the work can be accomplished for less than the maximum budget. 2. The owners will dedicate the playground and a portion of the immediately surrounding open areas to the City, to be used solely as a public park. The owners will have a survey conducted and will prepare a plat that depicts the exact configuration and size ofthe area to be dedicated. Any necessary easements for existing utilities or other improvements will be shown on the plat. The costs of conducting the survey and drawing the plat will be shared equally by the owners and the City. The plat will be filed with the City following final approval of the PUD Amendment/Subdivision application that the applicant is about to submit to the City. Although we did not specifically discuss this element of the project, a sharing of costs seems reasonable and the owners will agree to this. .. Mr. Jeff Woods August 19, 2003 Page Two 3. The owners will dedicate an agreed-upon easement to the City, to provide the ability for the public to get from the public right-of-way to the playground. City's Responsibilities 1. The City's Parks Department will prepare the site plan for the playground area. The City will submit this site plan to the owners, who will provide their suggestions to the City on the final design ofthe playground. 2. The City will bid out the purchase of the equipment to be installed at the playground and will select the company from whom it will be purchased. 3. The City will install the equipment using its own labor, or will cause the equipment to be installed through a contractor of its choosing. 4. The City will maintain the lands the owners have dedicated and will maintain the improvements upon those lands. Maintenance will be accomplished at a level satisfactory to both parties. I would appreciate it if you would call me as soon as possible to let me know if the above statements represent an accurate summary of the matters we have discussed to date and an appropriate basis on which to move forward. It is our intention to include these representations in the PUD Amendment application we are about to submit to the City. This will ensure that the City Council is fully aware of our intentions before any formal action is taken on this offer to create a new City park. Thank you very much for your assistance with this matter. Very truly yours, ALAN RICHMAN PLANNING SERVICES 74- 2,2 Alan Richman, AICP MAPS AND DRAWINGS j...# -'·% . 111' 11 1111111 T,al [,irt , 5 -L Fi,0 Silver Cirt N.4.' i V \ 1 lillil.Illillillilll &21 /EjA /·': I ... f / 1. r -* -- .- . 9 \\ r ritte I ''A»4 ../ L CO•ubm, Curt · ~ r~~~ (~1 J6 414 \ c f-32« 4 Illfillillilif) 149>N \0 -- .-.4 3«~' 4. fo»-© Sf< - ··1 · ···· Nical" t.ort . : ' A'F. Nalold Niss Quit ..9 ?, , \ \ *%51.3 0 - En 1 .PLE~//8 f,~\ h.- I. w. ./. c Nt i f ~=MilidE/di/,fores 62--*.50 ------ r/..h...f%flb * ---- ./2- . . ' 2 ..... I . 9. , --H Z IR . 1 . .4.i. 14.4 .. 19.. · Playground 4-3-1 l~.- Building H ' 4 -- = r %039 / , CENTENNIAL HOUSING PROJECT: ASPEN. COLORADO WORLD CLASS HOUSING -DEVELOPER MOSHE SAFDIE AND ASSOCIATES -AR[HITECTS 6 - Number of units 240 Rental units 148 Condominium units 92 Site 08 17·5 acres Parking spaces 325 2 \ 1 CENTENNIAL/ASPEN (07\)9 .. b uk-£/ 900Ff couff 6#14'feNNIAL-Asf•14 04Jell•461 *Ult.plwl# '14 411* f'»1~.1 *PK.th| 9 wf . .,1 . 1 SpGALIO, 1 4/0,0 Du-11,F[NA FUMF«1*F ZZE_ . NOFTH . 1 < \ h - 17 4--jl. 1 Y.iI-~ 1 1 . 1 \ /1 - 1 , la 1 - \S F. I I \41. X4 , rel\\111/ /1, / 1§: 4994 4. I. 'H' *011-t?1461 - »6 : LWO.,»' 'U ·' ,··f>664 F T N, ' ------ ..ro &e OF Ff .. i //1 1 1 ge-1*1•41614 WALL i:'.2 1 9%61-ikIG, - 916 t //»~ £323~>r 7«/1'\\ 7» , . ~1911 14 ».CLESS ~ . PAVE· I " .. a . 0 . L> W ZIZ 04 C. Z= CD ~E f 9 Za ZZ- 41= 3 tii H 1 1 1 1 I 1 1 29 1 1 41\06 11 1 4*1*TING 20 Ldodeled-,1.. EXISTING I LAUNDRY 1 ' storage LU-C u'-2 0 4/1- 11- n CL E WIts CA 0 5 o W 2/ 1 <C X O 1 Up U .--1 t: 6 0 KfTCHENETTE <fo . -1 9 C d supply Z ~LUP \11 storag@ rew hall Z~ 0*Lt 1 offjce LUE Ed@ wgdo[**v 11A_ .L__ _ 1 b 1 -- 1 Ci) UU -1 . LI u I U 0 « 1 · L. 1 05 Orne LKLI 4 1 ELEE : DATE ISSUE: -- $ 2-4 1 0 01.10.03 SCHEMATIC new constructlork fwld,tion need,d / 1 andat thenm po•ts I 9'-Or .. 1- - - r# _ tr g,oqjfaf-*-_ _ -~ -1 SCALE: 1/4" =1'-0" Hne of deck above[*1 - E - -- LOWER LEVEL FLOOR PLAN LOWER LEVEL FLOOR PLAN A 1.1 ALL DESIGNS IDEAS, ARRANGEMENI AND PLANS INDICATED Err THESE DRAWINGS AND SPECIFICAIIONS ARE THE PROFERTY AND COFERIGHT CE KIMRA™ONDARCHITECTS, INC ANDSHALL N[LmLER BE USED ON ANY OTHER WORK NORIBUSED BY ANY OTHER PEJOON FOR ANY USE WHATSOEVER WITHOUr WRITIEN PER}iniSTON. Win-TEN 2{ENmONS SHALL TAKE PRECEDENCE OVER SCALED Dne€ZONS AND SHALL BE VER[MED AT THE SITE. ANY DIMENmONALDISCKEPANCY SHALL BE BROUGHT TO THE AT-rEN-nON OFTHE ARCHnBCT PRIOR TO COMMENCEMENr CE WORK. [1100' df?of:te' 0 -1.kIOI~ ORADO .. tr> 'r- <CD /3 'r- =I= L> 06 < (I =Z C> tM m ;Eg r dj) '14 . ) a 13'-GIl 5'-6" * 6'-3" . 1 1 -» -jih r----1 \/ 1 FRE« 1 I wkI I d..,4~ ) /; 1 · 1_* supply E slp~r ~ ,.1 L' 57 11 bath 3 ,IIA Z L-~ c#les Lu LU =stairs-- entry < in a) 8 2 --n <A E E n]11 ski locker 1- 1===-1 -Ir E & _L_r-- S 2 g u, 3 ~~ pantry 9 + 0 A J_ Z-5 EWO 11 / \ 11 0 4=4-41 9--4- bu,tbt ..1 caby .4 L I OVer,t. WI m,2 &3 fbwilt-41 bookshel/ N C over.talf-IL r 94/1 kitchen LF f i E us 1.LIJ + 36. 1 U A dining K + 42" 1 double c) turs <3 I ha shelves -hneof.c~,t•vered· n- c T 1 1-21 Y L - line of joft bove cort"'ton ~ desk 4 JA[©LIE pk-- 9 ---- N -- I I - DAM ISSUE: 01.10.03 SCHEMATIC CZ== -1 - 1 1 T *.2.. = - - 1 8£e~orw. 1 9 1 1]ving room ~ . 5 m·~ - ~ / 25'-3~ -deckbeyond 6-d. I 1 Up SCALE: 1/4" = 1'-0" "short~ deck j * MAIN LEVEL 1/2 wall FLOOR PLAN ~ storage - doset I MAIN LEVEL FLOOR PLAN A 1.2 ALL DENGNS, IDEAS. ARRANGEMENE AND PLANS INDICATED BY ™ESE DRAWINGS AND SPECIFICATIONS A.RE·IHE PROPERrY AND COPYRIGHT OF KIM RAYMOND ARCHITECTS, INC ANDSHALL NEMHERBEUSED ON ANY OIHERWORKNOR BEUSED BY ANY CIHERPERSONFORANYUSE WHAISOEVER WTEHOUTWRITTEN PER.MISSK)N WRITTENDIMENSIONS SHALL TAKE PRECEDENCE OVER SCP,l,ED DDANUOR'e AND SHALLBEVERIMED ATIHESTTE. ANY DIMENSIONAL DECREPANCY SHALL BE BROUGHT TO TE=m ATIENTRON OFTHE ARCHIrECT PRIOR TO COMMENCEMENT OF WORK UI03·0;'mlf=:Yr*721 MAOD 12]OH 00Y30100 d!4SJ 9 'N3dSV 9 1 'Stairl 11 E-2-* d.-1 C ' TEP : C== v = aw Wr1,4/ 3 2 6 1 3 1/2 5 1/z... qi g 111 1,1 m gi r- 610 ' g O = O = 70 iL-/ -0 . \1 F /! Q...i --f ED 121(51 Z 2/ ul 11 -- N P 41 ~„™~„.-g-w- ¥T~,ry-- h·g-wVm~M---•r'' 6„--*reirrT-I#-,---•·4 ....... A- # 16'-1111 + PE M SP #A CENTENNIAL ASPEN II ¤KIM RAYMOND ARCHITECTS ~*Pr 0 g +F Limited Partnership 412 N MILL ASPEN COLORADO 81611 CENTENNIAL REMODEL 11 d e-mall: kraymon aspeninfo.com z p 2 100 LUKE SHORT COURT PHONE/FAX 970 #5.2252 n ASPEN, COLORADO 81611 $ f , , . % 4 re - - i 1[-1 Jk..e·-f Ill'/10 1- -1 AllIM .1 Lj 1 11- 1 1 111 / 111 : 1 I / 11 11 11. .1 AF i "1~3317 ~ 1 i IT' 11, --- 1/ 1~ 1,1 '' 9/1 k 143 71 0. ft¥ 101 Go 1 1 Il &, 1 1 I I · 'is i! / 1 / etrrprt >'1»140 0%46»1 -1 bl o f.frt @Agr 2-14*Alf O 24 1 1 E---1 1 /-2\ 1·1«tjA I L ·of>f-- - - .- --- - ·· ~ ~ _1- toff N & t.,~1»l..L to. 10 , f.· fil 1040 & 1 'P"blp 1 7 ~11 tcry,wa. PM - 110'- 10 1--_-1 -0- 11 ~1~ III . - -11 1 ~re>· [Of -1-1---, ------ I i'!21!lifilit#! h I _ I 1 1 40411-212- 4 1 \ Laer=. - -·_ f...loq' o % 1 ~ 10»31 f Jung 1 1 i 1!ilil till '11· ·- 1 1 \ 1--- - -------- 1 1 5 1 1 003 lou 1.. 1 rt' 171 1/1 1!,.:11 11-13]201 11 1311'11 1!11 1 .11 Il t! ~; 1 i!! i l.: 1 H 1 ,.. 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Galena Streoi Aspen, Colorado 81611 *57\ 01/ 9// 7, 43 €--*,4.9- 7 SCHUTTER NANCY --4.C 474>. PO BOX 11613 ~14,01/4 ASPEN, CO 81612 ROTYMPTED RECEIVED REP 3 0 2003 ASPEN 3UILDING DEPAR™ENT 84652*9807 11· 4' ~ #1 £ 0.; 11*.; 4, 1%,t. f.+.11'6.1..T,·. J #.,it, f....Ill PUBLIC NOTICE RE: CENTENNIAL PUD AMENDMENT, SUBDIVISION, GMQS EXEMPTION TO DEVELOP AFFORDABLE HOUSING, AND REZONING. NOTICE IS HEREBY GIVEN that a public hcaring wi]1 be held on October 21, 2003, at a meeting to begin at 430 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 Centennial Aspen II Limited Partnership requesting approval of a PUD amendment and a GMQS exemption for affordable housing to allow for the model unit that was approved to be constructed within Building H of the Centennial Rental PUD to be converted to a deed restricted affordable housing unit. Additionally, the application requests subdivision approval to parcel offthe area ofthe existing playground that exists adjacent to Building H So that it could be improved and dedicated to the City of Aspen as a public park. The application also requests to rezone the property under tile proposed playground to the Paik Zone District to accommodate the public park use. The property subject to the proposed requests is legally described as Lot 3 of the Centennial Condorninium Subdivision and Condominium Plat. For further information contact James Lindt at the City of Aspen Community Development Department, 130 South Galena St.. Aspen, CO (970) 920-5095. jamest@Qi,aspen.co.us s/Jasnline Tvure. Chair Aspen Planning and Zoning Commission Published in the Aspen Times on October 3,2003 City of Aspen Account ,62 to PM O fk ' City of Aspen ---- ------ W 26 SEP A Community Development Department . ~ 2003 130 S. Galena Street ---- Aspen, Colorado 81611 .r 6:77\1- m # - t. 6 {-':irr litil [D Not dcli, .:.1,· A. :„Itti·c~rd 1111:;1. .,3 1(,!'1%:trd PFEIFER PATRICK A 0 111%,Iffic·icia ~dd 1-<,ff O RCI't,%crl 1240 E COOPER AVE O 1(lempted - nor known ASPEN, CO 81611 E J No such number dj T Jenni O jo mail receptacle PUBLIC NOTICE RE: CENTENNIAL PUD AMENDMENT, SUBDIVISION, GMQS EXEMPTION TO DEVELOP AFFORDABLE HOUSING, AND REZONING. NOTICE IS HEREBY GIVEN that a public hearing will be held on October 21, 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 Centennial Aspen II limited Partnership requesting approval of a PUD amendment and a GMQS exemption for affordable housing to allow for the model unit that was approved to be constalcted within Building H of the Centennial Rental PUD to be converted to a deed restricted affordable housing unit. Additionally, the application requests subdivision approval to parcel offthe area ofthe existing playground that exists adjacent to Building H so that it could be improved and dedicated to the City of Aspen as a public park. The application also requests to rezone the property under tile proposed playground to the Park Zone District to accommodate the public park use. The properrY subject to the proposed requests is legally described as Lot 3 of the Centennial Condominium Subdivision and Condominium Plat. For further information contact James Lindt at the City of Aspen Community Development Department, 130 South Galina St.. Aspen, CO (970) 920-5095. jamest@ci,aspen.co.u? F/Jasmine Tvgre, Chair Aspen Planning and Zoning Commission Published in the Aspen Times on October 3,2003 City of Aspen Account PUBLIC NOTICE RE: CENTENNIAL PUD AMENDMENT, SUBDIVISION, GMQS EXEMPTION TO DEVELOP AFFORDABLE HOUSING, AND REZONING. NOTICE IS HEREBY GIVEN that a public hcaring will be held on October 21, 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 Centennial Aspen II Limited Partnership requesting approval of a PUD amendment and a GMQS exemption for affordable housing to allow for the model unit that was approved to be constructed within Building H of the Centennial Rental PUD to be converted to a deed restricted affordable housing unit, Additionally, the application requests subdivision approval to parcel off the area ofthe existing playground that exists adjacent to Building H so that it could be improved and dedicated to the City o f Aspen as a public park. The application also requests to rezone the property under the proposed playground to the Park Zone District to accommodate the public park use. The propertj subject to the proposed requests is legally described as Lot 3 of the Centennial Condominium Subdivision and Condominium Plat. For further information contact James Lindt at the City of Aspen Community Development Department, 130 South Galena St., Aspen, CO (970) 920-5095, jamest@ci,aspen.co.us s/Jasm-ine Tvgre, Chair Aspen Planning and Zoning Commission Published in the Aspen Times on October 3,2003 City of Aspen Account City of Aspen munity Development Department 130 8. .hi- en. Ctilorado 81611 Galena Street .// ba~ .aanhi... r\FY /' 1 97 SPIROFF JEFF (BAJ 166 BEAVER LN i kas. '8\ REDSTONE, CO 81623·r< 0/10 ~.VID 42* 1.. <ocly .052. A.- E..9..%#'N'i ale,&21 C-J VZJ RESy #74 7 2 Qu<Latv.UM•A- 44 9110 CD SET: RED PLASTIC CAP MOLLY GIBSON LODGE TRANSFORMER .· LS 24303 BLOCK 59 LOT D , SFT: RED PLASTIC CAP BLOCK 59 LOT N EASEMENh --ill-- 4#-U EFT· Flgn pt AqTir rap Cr T. DEn DI ACTIP PAn B 524 P 918 ~ JT 4 SITE ON 6AM iy of 2000. 46 VED , 2000, U C U L,i n A 1 1 L I N run I n C ,-torcly Or\1 LUL/UC UL'INUUIVI]INIUIVIO ' 601 East Hopkins PLANTER ~ LS 24303 RECORDED DECEMBER 30, 1980 IN BOOK 402 AT PAGE 236. Aspen, CO 81611 \\50 X * F 5 - ! DES-4 4 11 1 1 / CLERK AND RECORDERS ACCEPTANCE PARCEL 2: i \ GEORGE 4}3 %*TM#K NAIL AND WASHER L LOTS 0,P, AND Q, BLOCK 59, CITY AND TOWNSITE OF ASPEN, %00- FOUND: YPC ---Ill---i----I--.I-- Sl'DO'49'9-----I~E' ~1 THIS PLANNED UNIT DEVELOPMENT WAS ACCEPTED FOR FILING .--48 COUNTY OF PITKIN, STATE OF COLORADO. 19-n~ ~1 LS 9814 CONCRETE SIDEWALK MANHOLE ~T~Z, t~ITEE OOFF CT~LEORN#KA?ND-RE~;CRL~CRKOF_THEMCOTUM~~YD~ OF-__e~ O Legend and Notes: - 2 A-t' AT PAGE.2,2-1~S RECEPTION NUMBER *08 3/0 0 - indicates found monument as described, g 71 8.59 Al; 6./U INDEX: CLERK,/8, R~R~@R NOTE, THIS MAP IS INVALID AS A LEGAL DOCUMENT AND POSSESSION SHEET ONE: PUD PLAT 1 C LIGHT I OR USE OF THIS MAP IS UNAUTHORIZED BY THE SURVEYOR UNLESS IT PUBLIC -- BEARS THE ORIGINAL SIGNATURE AND WET STAMP OF CARL R, CARMICHAEL GRAVEL PARKING AREA ~~ I HEREBY CERTIFY THAT THIS MAP ACCURATELY DEPICTS A SHEET 2: ELEVATIONS PLS, DOCUMENTS PREPARED BY THE SURVEYOR AND WITHOUT A SIGNATURE AND SNOW STORAGE AREA WET STAMP ARE TO BE VIEWED AS PRELIMINARY AND ALL INFORMATION SURVEYORS CERTIFICATE SHOWN THEREON IS SUBJECT TO CHANGE, NOTE: AN IMPROVEMENT SURVEY PLAT PERFORMED UNDER THIS PLAT ONLY INDICATES THE SITE FOR THE DEED RESTRICTED EMPLOYEE MY SUPERVISION ON JUNE 14, 2000 OF THE ABOVE DESCRIBED PARCEL OF HOUSING AND CORRECTS ALL PREVIOUSLY INCORRECTLY RECORDED PLAT DOCUMENTATION, LAND, THE LOCATION AND DIMENSIONS OF ALL, IMPROVEMENT~0ENTS, THIS PLAT DOES NOT MODIFY ANY OTHER RECORDED PLAT IN ANY WAY, RIGHTS-OF-WAY IN EVIDENCE OR KNOWN TO ME AND ENC~*010[t¥'*„ ALL EASEMENTS OF RECORD AS INDICATED ON TITLE POLICY NO, PCT15367 THIS SURVEY IS COMPLIANT WITH THE CRS 1973 TITL~ 94*31 92*An /3 OR ON THESE PREMISES ARE ACCURATELY SHOWN, THIS *R*»fS™*fiek UNDER 1 IN 10,000 DATED JULY 18,2000 ARE SHOWN HEREON, GARMISCH STREET CARL R. CARMICHAEL P.L.S. 24303 DATE, SEPTEMBER 20, 2000 1*r~- ~4383:Mir-// 4, S %44(U* 57/4. 4~er'+~ATA FILE NAMEt 9811194 HIRED GUN SURVEYING DATE SURVEYED, 6/14/00 NOTICE: According to Colorado law you must commence any legal action based upon DATE DRAFTED, 8/15/00 DRAWN BY T. YOCUM any defect in this survey within three years after you first discover such defect. In no event may any action based upon any defect In this survey be commenced more REVISED, 8/25/00 P,0, BED< 9 REVISED 6/14/00 than ten years from the date of the certification shown hereon. S N El W IMASS, CULCIRADO 81654 REVISED, 9/20/00 <97Ah 921-2794 HOPKINS STREET - BACK OF CURB SIDEWALK (70.0' R.O.W.) . . , 0 . A 0.1 -/,A .1 1, . ... 11 11 . . 6. . . 9, ':. . ..:.. . . . . 1 0 11 . . 00 - .......... I. D. .A . - .- . 0 A : .- . . :0.1 / 0 . 4 : lili. .- .1.0 - .D ... . . 0 0 0 .. A . . 0 1. I. , I. 01 0 7 0,0 . 1 :-1.:0 I :.. 0. I .... 0. 1 . .1 1. 1, 0 1. '1 - 1 - 0 .. . .1 0 1. . . . ... 0. .. . . I . 0 . 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Galena Street Aspen, Colorado 81611 1 GIBBONS COLLEEN ~f 540 N LAKE SHORE DR Mt*-1* CHICAGO, IL 60611-341kh:r€/A .r·. RECEIVED 4 \91 1 OC T 0 7 2003 4 »42*k 4bp .5424*A ASPEN BUILDING DEPARTMENT 0> 69*i -1 %345·..li;RA¥/iscia Ij, , 6 , „litli, , ,„11, , ,11, „jij, Mil /!/!I j,j,/fj,ij„,l„iii PUBLIC NOTICE RE: CENTENNIAL PUD AMENDMENT, SUBDIVISION, GMQS EXEMPTION TO DEVELOP AFFORDABLE HOUSING, AND REZONING. NOTICE IS HEREBY GIVEN that a public hearing will be held on October 21, 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 Centennial Aspen II Limited Partnership requesting approval of a PUD amendment and a GMQS exemption for affordable housing to allow for the model unit that was approved to be constructed within Building H of the Centennial Rental PUD to be converted to a deed restricted affordable housing unit. Additionally, the application requests subdivision approval to parcel off the area of the existing playground that exists adjacent to Building H so that it could be improved and dedicated to the City of Aspen as a public park. The application also requests to rezone the properly under the proposed playground to the Park Zone District to accommodate the public park use. The propero subject to the proposed requests is legally described as Lot 3 of the Centennial Condominium Subdivision and Condominium Plat. For further information contact James Lindt at the City of Aspen Community Development Department, 130 South Galena St., Aspen, CO (970) 920-5095. jamest@ei,aspen.co.us s/Jasmine Tvpre, Chair Aspen Planning and Zoning Commission Published in the Aspen Times on October 3,2003 City of Aspen Account ' SY""47 x 0-0--7. -72/1/'llt 0 C.IL -./.-- ,%......... --- - 2 P V; '· -11 ... - -- -== -y --9.7/fl. t.: 'j. City of Aspen - /-': ES ..' I ./ 1-r,munity Development Department ~~ ~ 'j'% / - * -6 2000 5 30 S. Galena Street sn. Colorado 81611 RECEIVED 01: 1 1. 6 2003 f TANGU» MICHAEL L 27% £ 1128 WNE ST »PEN, CO 81611 lortk BUILDING DEPARTMENT TANG 12a 81811200-3 1 N 05 09/30/03 RETURN TC BENDER i J ft /- NO FORWARD ORDER ON FILE UNABLE TO FORWARD RETURN TO SENDER M To S E ?:. o lip £1_-----<26 -. ~,-·-rt,(TER ,\ 1 1 L ?'1 1 1 L.L· : !NOT KNOWN *ihji#3273 A I.J... . .-· 4 1 uslf PUBLIC NOTICE RE: CENTENNIAL PUD AMENDMENT, SUBDIVISION, GMQS EXEMPTION TO DEVELOP AFFORDABLE HOUSING, AND REZONING. NOTICE IS HEREBY GIVEN that a public hearing will be held on October 21, 2003, at a meeting to begin at 4:30 P,M. before the Aspen Planning and Zoning Commissi04 Sister Cities Room, City Hall, 130 S Galena St,, Aspen, to consider an application submitted by Centennial Aspen II Limited Partnership requesting approval of a PUD amendment and a GMQS exemption for affordable housing to allow for the model unit that was approved to be constructed within Building H of the Centennial Rental PUD to be converted to a deed restricted affordable housing unit. Additionally, the application requests subdivision approval to parcel offthe area ofthe existing playground that exists adjacent to Building H so that it could be improved and dedicated to the City of Aspen as a public park. The application also requests to rezone the properly under the proposed playground to the Park Zone District to accommodate the public park use. The propertY subject to the proposed requests is legally described as Lot 3 of the Centenoial Condominium Subdivision and Condominium Plat. For further information Contact James Lindt at the City of Aspen Community Development Department, 130 South Galena St., Aspen, CO (970) 920-5095. jamest@ci,aspen.co.us ,/Jasmine Tvere. Chair Aspen Planning and Zoning Commission -- Published in the Aspen Times on October 3,2003 City of Aspen Account .;f I , 41# 11, 4 6- . 1 ) City of Aspen --i'.'I.=- - Community Development Department .. - 1 116 - -1 --, ------ 130 S. Galena Street - 70.-Ao \7 ....-k.*U 26 SCP 21 *./.---*//*./.#....*/-1. M--I//0-0-1./.- Aspen, Colorado 81611 k~ZE:j P FORWARDING - u.1- ORDER EXP'RED GENDELS JOEL M 340 W 57TH ST STE 10P NEW YORK, NY 10019 RECEIVED 01 T 0 8 2003 norclv BUILDING DEPARTMENT 60©4 0/4%6< 11<416 ll/i1/'l;ll/lli//;/ll''/li Itl|i|l|,1||1,,11|t|il||l||,1l|It|i| PUBLIC NOTICE RE: CENTENNIAL PUD AMENDMENT, SUBDIVISION, GMQS EXEMPTION TO DEVELOP AFFORDABLE HOUSING, AND REZONING. NOTICE IS HEREBY GIVEN that a public bcaring will be held on October 21, 2003, at a meeting to begin at 4:30 PIM. before the Aspen Planning and Zoning Commission, Sister Cities Room, City Hall, 130 S. Galena St, Aspen, to consider an application submitted by Centennial Aspen II Limited Partnership requesting approval of a PUD amendment and a GMQS exemption for affordable housing to allow for the model unit that was approved to be constructed within Building H of the Centennial Rental PUD to be converted to a deed restricted affordable housing unit, Additionally, the application requests subdivision approval to parcel off the area ofthe existing playground that exists adjacent to Building H so that it could be improved and dedicated to the City o f Aspen as a public park. The application also requests to rezone the properly under the proposed playground to the Park Zone District to accommodate the public park use, The propere 5Uwect to the proposed requests is legally described as Lot 3 of the Centennial Condominium Subdivision and Condominium Plat. For further information contact James Lindt at the City of Aspen Community Development Department, 130 South Galina St.. Aspen, CO (970) 920-5095, jamest@ci,aspen.co.us s/Jasmine Tvere, Chair Aspen Planning and Zoning Commission Published in the Aspen Times on October 3,2003 City of Aspen Account City of Aspen Community Development Department 130 S. Galena Street Aspen, Colorado 81611 CUNNINGHAM ROBERTA J PO BOX 9211 ASPEN, CO 81612 CUNI\1211 816122001 RETURN To ~REMVED? CUNNINGHAM BOX CLOSED UNABLE TO FORWAREPT RETURN TO SENDEFWL I O 1 2003 Atirtly ;EiSi i .··' 1 '33*32. 5~2ii -35 i i /li,li',/1I,/i lilli ll'lll,,i/1l,j,lli , „ „ 1,1, HUNDING'DEPARTMENT PUBLIC NOTICE RE: CENTENNIAL PUD AMENDMENT, SUBDIVISION, GMQS EXEMPTION TO DEVELOP AFFORDABLE HOUSING, AND REZONING. NOTICE IS HEREBY GIVEN that a public hearing will be held on October 21, 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. Gal= St,, Aspen, to consider an application submitted by Centennial Aspen II Limited Partnership requesting approval of a PUD amendment and a GMQS exemption for affordable housing to allow for the model unit that was approved to be constructed within Buil ding H o f the Centennial Rental PUD to be converted to a deed restricted affordable housing unit. Additionally, the application requests subdivision approval to parcel off the area ofthe existing playground that ex.ists adjacent to Building H so that it could be improved and dedicated to the City of Aspen as a public park. The application also requests to rezone the properly under the proposed playground to the Park Zone District to accommodate the public park use. The propert) subject to the proposed requests is legally described as Lot 3 of the Centennial Condominium Subdivision and Condominium Plat. For further information contact James Lindt at the City of Aspen Community Development Department, 130 South Galena St.. Aspen, CO (970) 920-5095. james!@ci,aspen.co.us s/Jasmine Tvgre, Chair Aspen Planning ancl Zoning Commission Published in the Aspen Times on October 3,2003 City of Aspen Account /'/ Li U r\:1 42*--7//4 -he- ... 4' .8743> City of Aspen /.2 F M -c~ i fi? Community Development Department op, • --#.... - 0-4.--- 130 S. Galena Street ~ ~ ~' . .4- 1.--- -mil- UL' 3 96 :EP '247 . ---* A--en, Colorado 81611 : 4 12...--,0.. 6/ --- 4/. .VIV . -4/-*- KOFFEND DAVID ALLEN RECEIVED 21 CAMINO DE LAS MINAS SANTE FE, NM 87508-9491 OCT 1 4 2003 ALLE021 875082aH 01/OB AbFEN Rlil'URN 1'8' %~32684*tiff NO FORWARD ORDER ON FILE 1.INABL.E TO FORWARD RETURN TO SENDEA 87408%9491 Rois i,73 5:33 Pi firf ,32 83:332!SE,lit:i iat. i PUBLIC NOTICE RE: CENTENNIAL PUD AMENDMENT, SUBDIVISION, GMQS EXEMPTION TO DEVELOP AFFORDABLE HOUSING, AND REZONING. NOTICE IS HEREBY GIVEN that a public hearing will be held on October 21, 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 Centennial Aspen II Limited Partnership requesting approval of a PUD amendment and a GMQS exemption for affordable housing to allow for the model unit that was approved to be constructed within Building H of the Centennial Rental PUD to be converted to a deed restricted affordable housing unit. Additionally, the application requests subdivision approval to parcel off the area ofthe existing playground that exists adjacent to Building H so that it could be improved and dedicated to the City of Aspen as a public park. The application also requests to rezone the property under tile proposed playground to the Park Zone District to accommodate the public park use. The property subject to the proposed requests is legally described as Lot 3 of the Centennial Condominium Subdivision and Condominium Plat. For further information contact James Lindt at the City of Aspen Community Development Department, 130 South Galena St.. Aspen, CO (970) 920-5095. jamest@CLaspen.co.us ,/Jasmine Tvgre, Chair Aspen Planning and Zoning Commission Published in the Aspen Times on October 3, 2003 City of Aspen Account LA 7 141 1 -- I.-0--- ¥ -- ry) --*---- -'..0. W. -J r --*- SFF ¢, ..-*.-p-. -7 City of Aspen 94 Community Development Department -~ .3210*i.,v 130 S. Galena Street .102 Aspen, Colorado 81611 RECEIVED (~ASCOTT ANDREW 3526X 374 OCT 0 1 2003 ASPEN, CO 81612 ASPEN BUILDING DEPARTME HICK374 016122005 1602 05 09/30/03 FORWARD TIME EXP RTN TO SEND HICKS 2 WILLIAMS WAY AJPEN CO 81611-3202 RETURN TO SENDER 11I,1!:t*11Ii1"ll,11,,i11f,1 /ll,j'/11 1,51, 1i1tli1i1i,I,1"1'1 ai€*10if~7& 8005 PUBLIC NOTICE RE: CENTENNIAL PUD AMENDMENT, SUBDIVISION, GMQS EXEMPTION TO DEVELOP AFFORDABLE HOUSING, AND REZONING. NOTICE IS HEREBY GIVEN that a public hearing will be held on October 21, 2003, at a meeting to begin at 4:30 PM. before the Aspen Planning and Zoning Commission, Sister Cities Room, City Hall, 130 S Galena St,, Aspen, to consider an application submitted by Centennial Aspen II Limited Partnership requesting approval of a PUD amendment and a GMQS exemption for affordable housing to allow for the model unit that was approved to be constructed within Building H of the Centennial Rental PUD [o be converted to a deed restricted affordable housing unit. Additionally, the application requests subdivision approval to parcel offthe area ofthe existing playground that exists adjacent to Building H so that it could be improved and dedicated to the City of Aspen as a public park. The application also requests to rezone the properly under the proposed playground to the Paik Zone District to accommodate the public park use, The propert) 5ubject to the proposed requests is legally described as Lot 3 of the Centennial Condominium Subdivision and Condominium Plat. For further information contact James Lindt at the City of Aspen Community Development Department, 130 South Galena St., Aspen, CO (970) 920-5095. jamest@ei,aspen.co.us ,/Jasmine Tvere, Chair Aspen Planning and Zoning Commission Published in the Aspen Times on October 3,2003 City of Aspen Account 4, City of Aspen :02' 224. -#........... -...I-- Community Development Department R. PM 61 ..... --4-.-- tls - Col - 130 S. Galena Street ,-. Aspen, Colorado 81611 ~,ct 26 SEP y€9 \92,7 - *I#-I-JI:Il.~ I~~_#.0_ - ~ ..1 RETURN TO SENDER g UNDELIVERABLE AS ADDRESSED FABER JOHN A 1401 W PACES FERRY #3401 ATLANTA, GA 30327 8 1.*:1=.fl¥>40*2 A-1,1 |~1 1 ~111 1 ||1 |~11 1 11 ~lt Il~| 11!|||l| 11||1!111 |1|11||}||111|11|1~ t*.1 PUBLIC NOTICE RE: CENTENNIAL PUD AMENDMENT, SUBDIVISION, GMQS EXEMPTION TO DEVELOP AFFORDABLE HOUSING, AND REZONING. NOTICE IS HEREBY GIVEN that a public hearing will be held on October 21, 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 Centennial Aspen II Limited Partnership requesting approval of a PUD amendment and a GMQS exemption for afTordable housing to allow for the model unit that was approved to be constructed within Building H of the Centennial Rental PUD to be converted to a deed restricted affordable housing unit. Additionally, the application requests subdivision approval to parcel off the area ofthe existing playground that exists adjacent to Building H so that it could be improved and dedicated to the City o f Aspen as a public park, The application also requests to rezone the properly under the proposed playground to the Park Zone District to accommodate the public park use, The propert) subject to the proposed requests is legally described as Lot 3 of the Centennial Condominium Subdivision and Condominium Plat. For further information contact James Lindt at the City of Aspen Community Development Department, 130 South Galena St.. Aspen, CO (970) 920-5095. jamest@ci,aspen.co.us s/Jasmine Tvure, Chair Aspen Planning and Zoning Commission Published in the Aspen Tjmes on October 3,2003 City of Aspen Account City of Asoen 1 Col,Unil» Develop:, c' - D-,flment 130 S. Galena o. .---1.* Aspen, Colorado 81611 ~, RECEIVED fR~·NNA~AUREEN MARY ASPEN OCT 0 1 2003 POMR 374 BUILDING DEP ASPEN, CO 81612 ARTMENT KINN374 816122005 1602 05 09/30/03 FORWARD TItlE EXP P.'IN TO SEND KINNEY 2 WILLIAMG WA Y ASPEN CO 81611-3202 RETURN TO SENDER 8 if *iiA i€E.ti~75 8 AriE /1, 111 1,11 11 /1,11, , 1 /1 z i /1111 jil l 111 1 1„ l i l l i / 11 / li lli li li 1 1,1 SUSA PUBLIC NOTICE RE: CENTENNIAL PUD AMENDMENT, SUBDIVISION, GMQS EXEMPTION TO DEVELOP AFFORDABLE HOUSING, AND REZONING. NOTICE IS HEREBY GIVEN that a public bearing wi]1 be held on October 21, 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 Centennial Aspen II Limited Partnership requesting approval of a PUD amendment and a GMQS exemption for affordable housing to allow for the model unit that was approved to be constructed within Building H of the Centennial Rental PUD to be converted to a deed restricted affordable housing unit. Additionally, the application requests subdivision approval to parcel off the area ofthe existing playground that exjsts adjacent to Building H so that it could be improved and dedicated to the City of Aspen as a public park. The application also requests to rezone the properly under the proposed playground to the Park Zone District to accommodate the public park use. The propere subject to the proposed requests is legally described as Lot 3 of the Centennial Condominium Subdivision and Condominium Plat. For further information contact James Lindt at the City of Aspen Community Development Department, 130 Smith Galena St., Aspen, CO (970) 920-5095, jamest@ci,aspen,co.us ,/Jasmine Tvgre, Chair Aspen Planning and Zoning Commission Published in the Aspen Times on October 3,2003 City of Aspen Account City of Aspen Connlnty Devolopn,ent Depadment ~ 130 S. Galena b. 2 --W Aspen, Colorado 81611 4 SCHLUNDT SUS#N 412 FREE SILVQA CT , ASPEN, CO 8.11 SCI-iL412 X816112O05 1-chfo*603 RETURN TO SEri~~ SCHLUNDT 'SUSAN NOT DEL. IVERABLE A'S=~&-DAESSED UNABLE TO FORWARD RETURN TO SENDEWIT O 1 ?c 1 8 i 623.61 i**29 En.-g /I,ili'ti/li/j,Iil,/l,,ll1,' //11 11,111,1,1 bbli~j~1~1~~:191~ EPARTMENT PUBLIC NOTICE RE: CENTENNIAL PUD AMENDMENT, SUBDIVISION, GMQS EXEMPTION TO DEVELOP AFFORDABLE HOUSING, AND REZONING. NOTICE IS HEREBY GIVEN that a public bearing will be held on October 2 1, 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 Centennial Aspen II Limited Partnership requesting approval of a PUD amendment and a GMQS exemption for affordable housing to allow for the model unit that was approved to be constructed within Building H ofthe Centennial Rental PUD to be converted to a deed restricted affordable housing unit. Additionally, the application requests subdivision approval to parcel off the area ofthe existing playground that exists adjacent to Building H so that it could be improved and dedicated to the City of Aspen as a public park, The application also requests to rezone the properly under the proposed playground to the Park Zone District to accommodate the public park use, The propert) subject to the proposed requests is legally described as Lot 3 of the Centennial Condominium Subdivision and Condominium Plat. For further information contact James Lindt at the City of Aspen Community Development Department, 130 South Galina St., Aspen, CO (970) 920-5095. jamest@(Laspen.co.us ,/Jasmine Tvere, Chair Aspen Planning and Zoning Commission - Published in the Aspen Times on October 3,2003 City of Aspen Account fy n„ 11 --,---I-- City of Aspen r M 1.38 1 0.1 .....f~.T.W- ommunity Development Department 17 .,. 1-0 04 130 S. Galena Street <V, 05 .N- I < t j Aspen, Colorado 81611 409 ...Ana / 2002 RECEIVED HAGOPIAN SANDY 52% 213 S MILL ST ASPEN, CO 81611 OCT 0 7 2003 ASPEN BUILDING DEPARTMENT HAGO213 816112007 iN 03 10/04/03 RETURN TO SENDER NO FORWARD ORDER ON FILE UNASLE TO FORWARD RETURN TO SENDER MET ER N · i 4 TO SENDER -9- UNGELiVEJARIC , o .- 46:,A-Si '326 :mfij-;4 1 "J A ,/ J.,LJO ..1, ~ 4" f"' F Tn FORUI,pil ; j ) 1~i¥,? ...05- PUBLIC NOTICE RE: CENTENNIAL PUD AMENDMENT, SUBDIVISION, GMQS EXEMPTION TO DEVELOP AFFORDABLE HOUSING, AND REZONING. NOTICE IS HEREBY GIVEN that a public hearing will be held on October 21, 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. Gatena St„ Aspen, to consider an application submitted by Centennial Aspen II Limited Partnership requesting approval of a PUD amendment and a GMQS exemption for affordable housing to allow for the model unit that was approved to be constructed within Building H of the Centennial Rental PUD to be converted to a deed restricted affordable housing unit. Additionally, the application requests subdivision approval to parcel off the area ofthe existing playground that exists adjacent to Building H so that it could be improved and dedicated to the City of Aspen as a public park. The application also requests to rezone the property under the proposed playground to the Park Zone District to accommodate the public park use, The propenj subject to the proposed requests is legally described as Lot 3 of the Centennial Condominium Subdivision and Condominium Plat For further information contact James Lindt at the City of Aspen Community Development Department, 130 South Galena St.. Aspen, CO (970) 920-5095, lamest@ci,aspen.co.us s/Jasnline Tvere. Chair Aspen Planning and Zoning Commission Published in the Aspen Times on October 3,2003 City of Aspen Account