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Home My WebLink AboutLand Use Case.433 W Bleeker St.0009.2004.ASLU City of Aspen Community Dev~lopment Dept. . CASE NUMBER 0009.2004.ASLU PARCEL ID# 2735-12-4-42-001 CASE NAME McGarvey Subd PROJECT ADDRESS 433 W Bleeker St PLANNER Scott Woodford/James Lindt CASE DESCRIPTION Subdivision Improvement REPRESENTATIVE Haas Land Planning, LLC DATE OF FINAL ACTION 08/25/04 CITY COUNCIL ACTION PZ ACTION ADMIN ACTION BOA ACTION DATE CLOSED BY Subd Improvement Agreement 09/07/04 D DRISCOLL ~ \' -"'>. SUBDIVISION IMPROVEMENTS AGREEMENT FOR THE McGARVEY SUBDIVISION THIS AGREEMENT is made this ~5day of- U JNM Bleeker Street, LLP, a Florida partnership (the "Owner"), municipal corporation (the "City"). f , 2004, between d THE CITY OF ASPEN, a RECITALS: WHEREAS, Owner owns that certain real property (the "Property") known as Lot 1, Standberg Lot Split, according to the Plat recorded October 18, 1982 in Plat Book 14 at Page 1, located at 433 West Bleeker Street, in the City of Aspen, COullty of Pitkin, having a Parcel Identification Number of2735-124-42-00I, and legally described as: Lot 1, Standberg Lot Split, according to the Plat recorded October 18, 1982 in Plat Book 14 at Page 1, City of Aspen, County of Pitkin, State of Colorado; and, WHEREAS, the Property has been re-subdivided into two (2) lots to be known as Lots 1 and 2, McGarvey Subdivision (Amending Lot 1, Standberg Lot Split, according to the plat thereof recorded in Plat Book 14 at Page 1) for residential development where such development, hereinafter referred to as the "Project", includes: · Lot 1, at the southeast comer of West Bleeker Street and North Fourth Street, contains approximately 7,500 square feet for development of a single-family residence and customary accessory uses; and, · Lot 2 fronts on West Bleeker Street and contains approximately 6,000 square feet for development of a single-family residence and customary accessory uses; and, WHEREAS, pursuant to Ordinance No. 17, Series of 2004 ("Ordinance"), the City Council granted Subdivision approval for the Project; and, WHEREAS, the City and the Owner wish to enter into a Subdivision hnprovements Agreement (hereinafter "SIA") for the Project; and, WHEREAS, Owner has submitted to the City for approval, execution and recordation, a final plat for the Project (the "Plat") and the City agrees to approve, execute and record the Plat at Owner's expense, subject to the provisions ofthe Municipal Code of the City of Aspen (the "Code"), the Ordinance, and other applicable rules and regulations; and, WHEREAS, Owner is willing, to enter into such SIA with the City and to provide assurances to the City subject to the terms and provisions set forth below. NOW, THEREFORE, in consideration of the mutual covenants contained herein, and the approval, execution and acceptance ofthe Plat for recordation by the City, it is agreed as follows: I"l McGarvey Subdivision S.IA. Page 2 017 1. Description ofProiect. Refer to the second "Whereas" statement, above. 2. Redevelopment and Dimensional Requirements. As set forth in Condition 2, Section 1 of the Ordinance, the existing house on the Property need not be demolished to accommodate the newly created lot boundaries and the existing encroachments into the side yard setbacks may continue to exist for the life of the original structure only. Unless variances are duly obtained, the residences to be developed on the lots shall meet the R-6 Zone District's dimensional requirements with respect to the newly created lot boundaries and setbacks and comply with the City of Aspen residential design standards. If, prior to redevelopment, the zoning designation ofthe Property is amended by the City Council, development ofthe Property shall be subject to the dimensional requirements of the then applicable zone district. Construction of a house on the second lot shall only be possible if the existing house is removed. 3. Acceptance of Plat. Upon execution of this Agreement by the parties hereto, the City agrees to approve and execute the Final Plat for the Project submitted herewith, which conforms to the plat requirements of the Code and the Ordinance. The City agrees to accept such Plat for recording in the office of the Pitkin County Clerk and Recorder upon Owner's payment of the recordation fee. 4. Development Requirements. The following development requirements will be satisfied by Owner pursuant to Ordinance No. 17, Series of2004. a. Building Permit Plan Requirements. In addition to standard requirements, building permit applications for any lot in the Project shall include: 1. A copy of Ordinance No. 17, Series of2004, a copy of this SIA, a copy of the Final Plat, and a copy of the McGarvey Subdivision GMQS Exemptions approval signed by the Community Development Director and dated May 17, 2004. 2. All conditions of approval from the Ordinance printed on the cover page of the building permit plan set. 3. A completed tap permit for service with the Aspen Consolidated Sanitation District. 4. A tree removal permit, as required by the City Parks Department, including a landscape plan identifying trees for removal and means of mitigation. Approval is required from the Parks Director for off-site replacement or mitigation of any removed trees. The landscaping plan submitted with the building permit application should have been approved by the Parks Department and include landscaping ofthe Fourth Street right-of-way adjacent to the property. Landscaping in the right-of-way can be used as mitigation of any trees removed from the property. 5. A drainage plan, including an erosion control plan, prepared by a Colorado licensed Civil Engineer; said plan must provide for maintaining sediment and debris on-site during and after construction. If a ground recharge system is required, a soil percolation report will be required to correctly size the facility. A 2-year storm frequency should be used in designing any drainage improvements. 6. A signed letter from the primary contractor to the Director of the Community ~ McGarvey Subdivision S.IA. Page 3 017 Development Department stating that the conditions of approval have been read and understood. 7. Prior to issuance of a building permit for each residence within the Project, Owner shall pay a proportionate amount of all applicable impact fees (park Development hnpact fees for any additional bedrooms that are added above and beyond what currently exists on the property, and cash-in-lieu of School Land Dedication), as well as all applicable tap fees and building permit fees. If an alternative agreement to delay payment of Water Tap and/or Parks Impact fees is finalized, those fees shall be payable according to the agreement. 8. An outdoor lighting plan demonstrating compliance with the requirements of Section 26.575.150, Outdoor Lighting, ofthe Land Use Code. 9. Plans demonstrating adequate area for snow storage completely on-site and not in the public alley. 10. A full set of construction management plans that are consistent with the City Construction Management Plan Guidelines. b. GMQS Exemptions. In accordance with Section 26.470.070.B. ofthe City of Aspen Land Use Code, mitigation for the construction of each new home shall be required prior to issuance of a building permit for that home. Ifthe owner of a lot in the Project proposes to construct an accessory dwelling unit (ADU) to satisfy this requirement (instead of paying the in-lieu fee) then the ADU shall be completed prior to issuance of a Certificate of Occupancy for the primary residence on that particular lot. If a credit is to be used against any required payment of cash-in-lieu of an ADU, documentation of the existing house's floor area must be submitted and reviewed for approval by the City Zoning Officer as part of the building permit application for the lot seeking to use such a credi t. c. Wastewater and Surface Drainage. Owner shall comply with Aspen Consolidated Sanitation District (ACSD) rules, regulations, and specifications, which are on file at the ACSD office. No clear water connections (roof, foundation, perimeter drains) to ACSD lines shall be allowed. The existing sewer service may be able to serve one of the two lots in the Project; however, a shared sewer service will not be permitted. Each lot shall require its own sewer service. d. Water Service. Owner shall comply with the City of Aspen Water System Standards, with Title 25, and with applicable standards of Title 8 (Water Conservation and Plumbing Advisory Code) of the Aspen Municipal Code, as required by the City of Aspen Water Department. The existing water tap must be abandoned when the existing structure is demolished. e. Fire Protection. In any residence that contains more than 5,000 gross square feet of floor area, Owner shall install a fire sprinkler system that meets the requirements of the Fire Marshal. f. Encroachments and Work in the Public Rights Of Way. To the extent any exist, Owner shall either remove any encroachments into the public rights-of-way or be subject to .""L_l,.'~"""'- ".-...""<...'>-'..-,-,>j.'.......".' I"") McGarvey Subdivision S./.A. Page 4 017 current encroachment license requirements, as required by the City of Aspen Engineering Department. Prior to final inspection for a structure on either lot, a new curb shall be installed in place of the North Fourth Street driveway that is to be abandoned For proposed work in public rights-of-way, Owner must receive approval from: · The City Engineer for design of improvements, including landscaping; · The Parks Department for vegetation species, tree removal, and/or public trail disturbances; · The Streets Department for mailboxes and street cuts; and · The Community Development Department to obtain permits for any work or development, including landscaping, within the public rights-of-way. g. Construction Schedules and Noise. Construction is prohibited on Sundays and between the hours of7:00 p.m. and 7:00 a.m. on all other days. All noise ordinances shall be abided by. h. Tree Protection. Tree saving construction fences shall be installed around the drip line of any tree or grouping oftrees to be preserved. The City Forester or his/her designee must inspect such fencing before any construction activities commence. There shall be no excavation, no storage of construction materials, backfill, equipment, tools or construction traffic inside ofthe protective fence(s). This fence must be inspected by the city forester or his/her designee before any construction activities are to commence. 1. Utility Pedestals. Prior to issuance of a Certificate of Occupancy for a structure on either lot, any utility pedestals in the alley adjacent to the lots should be moved out ofthe alley right-of-way and onto the property of the adjacent lot. J. Covenant Against Further Subdivision. There shall be no further subdivision of either lot in the Project, and no duplex shall be constructed on either lot. The option to construct an accessory dwelling unit on either or both lots shall be permitted and, for purposes of this covenant, shall not be construed as a duplex or a subdivision. 5. Recordation. Pursuant to Section 27.480.070(E) of the Aspen Land Use Code, once fully executed, this SIA and the Final Plat shall be recorded in the office of the Pitkin County Clerk and Recorder. Failure on the part ofthe Owner to record the plat within one-hundred eighty (180) days following final land use approvals shall render the plat invalid and reconsideration and approval of the plat by the Planriing and Zoning Commission and City Council will be required before its acceptance and recording, unless an extension or waiver is granted by the City for a showing of good cause. 6. Financial Security for Public hnprovements. In order to secure the performance ofthe construction and installation of improvements in the public right-of-way, including landscaping, the Owner shall provide the City with a financial security for the proposed "........ McGarvey Subdivision S.IA. Page 5 017 improvements. The financial security shall take the form of a letter of credit, cash or other guarantees in a form satisfactory to the City Attorney and shall be submitted to the City prior to the initiation of construction or the issuance of any building permits. With the first building permit application for either lot in the Project, the Owner shall provide a detailed cost estimate of the improvements for approval by the City. The amount of the required financial security shall be 110% of the estimated cost of the improvements. The guarantee documents shall give the City the unconditional right, upon clear and unequivocal default by the Owner in its obligations to complete the public improvements, to withdraw funds against such security sufficient to complete and pay for installation for such public improvements, or to withdraw furids against such security sufficient to complete and pay for installation for such public improvements. If the improvements have not been completed to the satisfaction of the City within one year of the cost estimate, City may require the Owner to adjust the amount of the financial security for local increases in construction costs. As portions of the improvements are completed, the City shall inspect them, and upon approval and acceptance, shall authorize the release of the agreed estimated costs for that portion of the improvements, except thatlO% of the estimated costs of the improvements shall be withheld for the benefit of the City until (i) all ofthe improvements have been inspected and accepted by the City, (ii) a two-year maintenance bond has been provided by the Contractor, and (iii) as-builts have been provided (if required). Separate financial securities and maintenance bonds are required for civil R.O.W. improvements (i.e. pipelines, and curbs) and landscaping R.O.W. improvements. 7. Notices. Notices to the parties shall be sent by United States certified mail to the addresses set forth below or to any other address which the parties may substitute in writing. To Owner: JNM Bleeker Street, LLP c/o James N. McGarvey, Jr., Partner 432 Osceola Avenue Jacksonville Beach, FL 32250 To City of Aspen: City Manager 130 South Galena Street Aspen, CO 81611 With Copy To: City Attorney 130 South Galena Street Aspen, CO 81611 8. Binding Effect. The provisions of this Agreement shall run with and constitute a burden on the land on which the Project is located and shall be binding on and inure to the benefit of the Owner's and the City's successors, personal representatives and assigns. 9. Amendment. The Agreement may be altered or amended only by written instrument executed by the parties. ~ 1 McGarvey Subdivision SIA. Page 6017 10. Severability. If any of the provisions of this Agreement are determined to be invalid, it shall not affect the remaining provisions hereof. ATTEST: THE CITY OF ASPEN, a municipal corporation ~~4~~ ~ I/d~(~ If' cvU1. :&~ Kathryn S. och, CIty Clerk APPROVED AS TO FORM: /~-~/?~ J~b:rrv~'" rces er, City Attorney OWNER: JNM BLEEKER STREET, LLP ~91.~....--{~ (~.J.. \~y\ UI ioi-Zlr!~ \n H ~ ~. 'IA,/V!" ss .,..A.... .... . <" ". .' ) 0" .. Q ~" COl'O'R'~\) 2004, b~~er~:el~:~=t:::~:~~~~~;~~~i~ectf:d'~y Of~ Witness my hand and official s~~. My commission eXPires:lJ4./r!Jo't ~ ~ Ootary Pu~ STATE OF COLORADO ) COUNTY OF PITKIN ~ McGarvey Subdivision S.lA. Page 70f7 ~I 0 V' tIel t:L DLlUaJ The foregoing instrument was acknowledged beforellle this;tS"'~day of /lILJJt~ f 2004, by James N. McGarvey, Jr., as Partner in JNM Bleeker Street, LLP. STATE OF ) ss. ) COUNTY OF Witness my hand and official seaL My commission expires: ~~~AI~ ~-{.;..'e t lL 1-1 ~ ,~ //7 ,.'~\f,~f~ Patricia H. Kelley {..'1\A''t\~ MY COMMISSION # 00101492 EXPIRES ;"""~''li May 21, 2006 ~1,l'~ Iot,~' BOHOeD THRU TroY FAIN INSURANCE, INC fiif.."" c:\My Documents\City Applications\McGarvey\McGarvey SIA <:;'..'j:'>;C-"'j.X.;/',J/.,._,; ,::.c,..:.....,....>',..,.;,,, Y';'i'>.-..'_',-",-";-,, .~, MEMORANDUM PI fzf-R r2CO~ 8:;0 N52 . Ri!AbV/qZ? ~tI~ From: ,Mitch Haas, Haas Land Planning, LLC James Lindt, Planner ~ To: Date: August 16, 2004 Re: McGarvey Subdivision Plat and Agreement- Community Development Department's Comments Please make the follQ'Ying ll1odificaiions to the <proposed plat: 1. Include a signature block for City Council with the Mayor's signature line, 2. Remove Parks Department Signature Block from plat. 3. Change Lot 1A to read Lot 1 and LQtlJ?t()ryft9 ~Qt7, ~l1ange all references accordingly. 4. Obtain all signatures with the exception of the City Community Development Director, Community Development Engineer, Mayor, and Pitkin County Clerk and Recordyr prior to submitting two (2) mylar copies to the Community Development Department. . A recording fee of $11 is due upon submittal of the mylars, Please make the following modifications to the proposed agreement: 1. Change Lot 1 A to read Lot 1 and Lot 1 B to rea9~ot2 ()l). the:fl:rst page, Change all references in the agreement accordingly. 2. On page 2, No.4, change reference to Ordinance No. 27, 2004 to read Ordinance No, 17, 2004. 3. On page 2, No, 4(a)(1), change reference to Ordinance No, 20, 2003 to read Ordinance No, 17,2004, r"\ DEVELOPMENT ORDER Of the City of Aspen Community Development Department. This Development Order, hereinafter "Order", is hereby issued pursuant to Section 26.304.070, "Development Orders", and Section 26.308.010, "Vested Property Rights", of the City of Aspen Municipal Code. This Order allows development of a site-specific development plan pursuant to the provisions of the land use approvals, described herein. The effective date of this Order shall also be the initiation date of a three-year vested property right. The vested property right shall expire on the day after the third anniversary of the effective date of this Order, unless a building permit is approved pursuant to Section 26.304.075, or unless an exemption, extension, reinstatement, or a revocation is issued by City Council pursuant to Section 26.308.010. After Expiration of vested property rights, this Order shall remain in full force and effect, excluding any growth management allotments granted pursuant to Section 26.470, but shall be subject to any amendments to the Land Use Code adopted since the effective date of this Order. This Development Order is associated with the property noted below for the site-specific development plan as described below: McGarvev Subdivision. c/o JNM Bleeker Street. LLP (James McGarvev. Jr.. Partner). 432 Osceola Ave.. Jacksonville Beach. FL, 32250. (4()c))247=9"lilo.. .. . Property Owner's Name, Mailing Address and telephone number Lot 1. Strandberl! Lot Split a/k/a Lots A-D & W Yz Lot E. Block 37. Townsite of Aspen. 433 West Bleeker Street. Aspen. CO. Legal Description and Street Address of Subject Property Subdivision and GMQS Exemptions for subdivision of the existinl!lot into two lots Written Description of the Site Specific Plan and/or Attachment Describing Plan Ordinance No. 17-2004. Approved on 6/28/04 Land Use Approval(s) Received and Dates (Attach Final Ordinances or Resolutions) Julv 17.2004 Effective Date of Development Order (Same as date of publication of notice of approval.) Julv 17.2007 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.) Issued this 8th day of July 2004, by the City of Aspen Community .D elopment Direc r. nn Woods, Community Development Director ~ PUBLIC NOTICE Of DEVELOPMENT APPROVAL Notice is hereby given to the general public of the approval of a site specific development plan and the creation of a vested property right pursuant to the Land Use Code of the City of Aspen and Title 24, Article 68, Colorado Revised Statutes, pertaining to the following described property: Lot 1, Strandberg Lot Split a/k/a Lots A-D & W Y:z Lot E, Block 37, Townsite of Aspen, 433 West Bleeker Street, Aspen, CO, 433 West Bleeker Street, Aspen, Co., by Ordinance ofthe Aspen City Council, numbered 17. For further information contact Scott Woodford at the Aspen/Pitkin Community Development Dept. located at 130 S, Galena St, Aspen, Colorado (970) 920-5102. s/City of Aspen Account Published in The Aspen Times on July 17,2004 ~lW "" tAc- ~ ?~ ~{v:'- P~J\(~: oJ<ll!~f,;y>.s.. : f\~.i\'~t1v t+ t~ftr ~d!Jd,;V'Jd.cc\ -tr.. (to Jurl.ut CtJdv "d. (~lck.n:>l ..&1~ dvr~K, J. ~'.h\f\ ~ "lff;z.,( !.vI ,"~J ""^'~.~'^S" ~S t-{ I""'\. ., RESOLUTION NO. 14, (SERIES OF 2004) A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING COMMISSION RECOMMENDING CITY COUNCIL APPROVE A SUBDIVISION AND GROWTH MANAGEMENT QUOTA SYSTEM . EXEMPTIONS FOR THE PROPERTY AT 433 WEST BLEE.Kln~_ STREET, LEGALLY DESCRIBED AS LOT 1 STRANDBERG LOT SPLIT AlK/A LOTS A- D & W ~ LOT E, BLOCK 37, TOWNSITE OF ASPEN, CITY OF ASPEN, PITKIN COUNTY, COLORADO. ParcelID: 2735-124-42-001 WHEREAS, the Community Development Department received an application from JNM Bleeker Street, LLP (c/o James McGarvey, Jr., Partner), represented by Haas Land Planning, LLC for Subdivision and Growth Management Quota System (GMQS) Exemption to subdivide an existing lot into two single-family lots and utilize the development rights from the demolished, existing single-family to construct two single- family residences; and, WHEREAS, the Community Development Department received referral comments from the Aspen Consolidated Sanitation District, City Engineering, Building Department, Fire, Streets, Parks and Water Departments as a result of the Development Review Committee meeting; and, WHEREAS, said refen-al agencies and the Aspen Community Development Department reviewed the proposed plan for Subdivision and Growth Management Quota System (GMQS) Exemptions and recommended approval with conditions; and, WHEREAS, pursuant to Section 26A80 of the Land Use Code, Subdivision approval may be granted by the City Council at a duly noticed public hearing after considering recommendations by the Planning and Zoning Commission, the Community Development Director, and relevant referral agencies; and, WHEREAS, pursuant to Section 26.570 of the Land Use Code, GMQS Exemption approval may be granted by the Community Development Director; however, according to Section 26.304.060 of the Land Use Code the applicant has agreed to combine this administrative review with the other land use approvals sought; and, WHEREAS, the Subdivision review by the Planning and Zoning Commission requires a public hearing and this application was reviewed at a public hearing where the recommendations of the Community Development Director and comments from the public were heard; and, WHEREAS, during a regular meeting on April 20, 2004, the Platming and ZQning Commission opened a duly noticed public hearing to consider the project and where, by a four to one (1 - 1) vote, recommended City Council approve the Subdivision and GMQS Exemptions, with the findings and conditions listed hereinafter; and, NOW, THEREFORE BE IT RESOLVED thafthe Planning and Zoning Commission recommends that the City Council approve the Subdivision and GMQS Exemptions for the property at 433 West Bleeker Street, subject to the conditions listed in Section 1 below. Section 1: The approval is subject to the following conditions: I. Prior to issuance of a building permit: a. Park Dedication fees shall be paid for any additional bedrooms that are added above and beyond what currently exists on the site. b. Cash in lieu of school land dedication shall be paid. c. Both of the new single-family residences shall demonstrate their compliance with the Residential Design Standards. d. An outdoor lighting plan for each residence shall be submitted. e; All tap fees, impacts fees, and building permit fees shall be paid. f. Plans shall be submitted showing adequate area for snow storage completely on- site and not in the public alley. g. An approved tree permit is required from the City Forester. An approved tree permit requires a proposed landscape plan identifying trees for removal and means of mitigation. h. Based on the mitigation for tree removal, an approved landscape plan will need to be submitted to the Parks Department. The building permit landscaping plan should include landscaping of the Fourth Street right-of-way adjacent to the property. 2. The existing house need not be demolished to accommodate the newly created lot boundaries and the encroachments into the side yard setbacks may continue to exist for the life of the original structure only. Upon redevelopment, all structures on these two (2) lots shall comply with the R-6 Zone District provisions with respect to the newly created lot boundaries. and setbacks. The subdivision plat shall grant an easement to allow for the existing residence to be maintained across the new lot line and shall function for the life of the existing structure only. The documentation of the existing house floor area must be submitted as part of the building permit. 3. Prior to Certificate of Occupancy for a structure on either lot, any pedestals in the alley adjacent to the lots should be moved out of the alley ROWand onto the property of adj acent lot. . 4. A new curb is to be installed in place of the abandoned driveway pnor to Certificate of Occupancy for a structure on either lot. 5. Prior to commencement of construction on either lot, a vegetation protection fence shall be erected at the drip line of each individual tree or groupings of trees remaining on site. There shall be no excavation, no storage of construction materials, backfill, equipment, tools or construction traffic inside of the protective fence: This fence must be inspected by the city forester or his/her designee before any construction activities are to commence. 6. A subdivision agreement and plat shall be recorded in the office of the Pitkin County Clerk and Recorder within 180 days following City Council approval. 7. The existing sewer service may be able to serve one of the two lots. A shared sewer service will not be allowed. Each lot shall require its own service. 8. Sewer service is contingent upon compliance with the Aspen. C01:solidated Sanitation District's rules, regulations, and specifications, which are on file at the. District office. . 9. The existing water tap must be abandoned. Abandonment of the tap shall occur when the existing building is demolished. 10. All uses and construction shall comply with the City of Aspen Water System Standards, with Title 25, and applicable portions of Title 8 (Water Conservati9n . and Plumbing Advisory Code) of the Aspen Municipal Code as they pertain to utilities. 11. There shall be no further re-subdivision of either lot created by this approval and no duplex shall be constructed on either new lot. The option to construct an Accessory Dwelling Unit on either lot shall be permitted and shall not be construed as a duplex or a subdivision Section 2: 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 3: If any section, subsection, sentence, clause, phrase, or portion of tins 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 Commission at its regular meeting on April 20, 2004. APPROVED AS TO FORM: .-D~ Iii David Hoefer, Asst. ty Attorney ATTEST: . PLANNING AND ZONING COMMISSION: ~~ Jasmine Tygre, Chair 0'" TO: THRU: FROM: RE: DATE: "'" MEMORANDUM Mayor Klanderud and Aspen City Council Julie Ann Woods, Community D",velopmenf Director (\__-J Scott Woodford, City Plannef(j/; MCGARVEY SUBDIVISION, 2ND READING, PUBLIC HEARING; SUBDIVISION; ORDINANCE No. 17,oSERI"ES'2004 June 28, 2004 . ., Photo .of the existing house on the property taken from Bleeker Street. The house is proposed to be demolished and the lot it sits on is to be subdivided into two lots. One of the proposed lots would be in the center of the photograph where the existing trees and a portion of the house are sitting. REQUEST SUMMARY: Approval of the Subdivision to subdivide an existii1g lot into two single- family lots and utilize the development rights from the demolished, existing single-family to construct two single-family residences. ApPLICANT: P&Z ACTION: ";%;-' ZONE DISTRICT: LEGAL DESCRIPTION / ADDRESS: STAFF RECOMMENDA TION: JNM Bleeker Street, LLP(c/o James McGarvey, Jr.,Partner), represented by Haas Land Planning, LLC Approval with cOl1ditions on 4/20/04 (4-1 to approve) Minutes attached R-6 (Medium Density Residential) Lot 1 Strandberg Lot Split (a/kla Lots A-D & W liS Lot E, Block 37, Townsite of Aspen) /433 West Bleeker Street ApPROVAL OF THE SUBDIVISION WITH CONDITIONS MCGARVEY SUBDIVISION STAFF REpORT PAGE 1 1v5f!)\ /f'd) cVt~ ~., r 1 tVOj.i~~" t;)1fJ . ,. 4' .::~;J.,v;'_- ,~ ,~, PROJECT SUMMARY: The applicant's proposal is to subdivide the existing 13,500 sq. ft. lot located at the corner of Fourth and West Bleeker Streets into two lots, with newly created Lot IA being 7,500 sq. ft. in size and new Lot IB being 6,000 sq. ft.. As the minimum lot size in the R-6 zone district is 6,000 sq. ft. per detached residential unit, each new lot will be able to support a single-family residence. The existing one-story brick house on the site may remain for the time being, altho'ugh it will eventually be demolished to make way for the new structures. The house was designed by Ellie Brickham, but it is not listed on the Aspen Inventory of Historic Landmark Sites and Structures and therefore does not have any special protections from demolition. Per the R-6 zone district standards, the allowed floor area on Lot lA would be approximately 3,450 square feet, while Lot IB would allow approximately 3,240 sq. ft. for a single-family residence. The applicant is not required to submit designs for the proposed structures on the new lots at this point in the process~ however, the designs will be required to comply with the City's Residential Design Standards. According to the applicant, no variances are anticipated to be necessary to comply with the Residential Design Standards. Compliance with tho.~e standards will be determined at time of bllilding permit. Vehicular access to ea~h new lot will be from the alley at the rear, while the existing .../ access off of Fourth~Street will be eliminated. All of the mature trees and landscaping will be preserved with the new lot layouts. No sidewalks currently exist around the property, nor are any required with this proposal, as the lot is located in a "no sidewalk" zone as designated on the city sidewalk map. ApPLICABLE LAND USE SECTIONS: In order to accommodate the above development request, the following land use approvals are required: 1) SUBDIVISION: Section 26.480 of the Code pertains to Subdivision and subdivision review is required in this instance for the proposed split of the existing lot into two single-family lots. A lot split is not allowed in this instance as the lot has been previously subdivided through a lot split. Final Review Authority: City Council. NOTE: As part of this application, the applicant has also requested approval of a Growth Management Quota System (GMQS) Exemption for construction of the proposed single-family dwelling units. Per Section 26.470.070.B of the Code, such exemption review is by the Community Development Director. Prior to the City Council hearing, the applicant requested that the Director approve the Growth Management Quota System (GMQS) Exemption forthe project. The Director approved the request because it was found to be in compliance with the review criteria. No further Council approval or action on this particular exemption is necessary. MCGARVEY SUBDIVISION STAFF REPORT PAGE 2 I"". ISSUES FROM FIRST READING: At First Reading, a Council member inquired about how many GMQS Exemptions have been approved by the Director and how the process for this application is different frofi1 the two lot proposal on the ChartFIouse property submitted last year. J:here have been otheraBBlic~tiol}s.tll~t...h~ye...~el?~~.~t~d.tee...:ey~~':Y~ of Subdivision and GMQS Exemption in thepast. ]{ecentfi, t~e,'~~~~~g"~g15~l~Isio~ included both a GMQS Exemption and a ~u??ivisiol1..The. applicantf()~:~11~tprojec~' requested that the GMQS .Exell1Bti~n..Bortionof th~aBBHcafi?il~"'be~.~~~i~~~~:~tiy~ly approved (which the Code allows), so the C6uiiCil orily revlewedtlle=Subdlvisioll.' In the case of the Chart House, it was a lot split propo~al~?tl1eCo?e:~q~ire,?tl~a,t1:11e,tJ0gs Exemption for Lot Splits be reviewed by City., COllncil,~hi'Sh'Tsn';yvll~1:~e ,~ollncii reviewed both requests at the same time. Per Section 26,304.060Bof the Code, an applicant may request that the Director combine reviews when there is more than one development approval being sought. According to that' Sectio~,~ei~iS?()i'1~ii'1!~e,i~lterest of eliminating duplication and ensuril1g the economy of time,expel1se andclaJ'l1y. Sometimes applicants make this reque13t and, th~refore, the P&Z, andCoupsirreview all of the land use requests. Ill-the caseoftheMcG~veYS'ubalvrsroE:!11owever:'the"ap'i)fTc'aiir did not request that the reviews forSubdivisi6nahd GMQS'Exe"inp1:I'on1Je'~comblned:"""'" This particularGMQS exemption has been in the Code since the Growth Management System was adopted in 1977. The cash in lieu option was added in 1990. During the course of that time, this exemp~ion has always been an administrative approval. In fact, in most cases the exemption is approved administratively at time of building permit where there is no dev~lopment approval associated with it (i.e. subdivision, etc.): As the developer is not puning a building permit immediately on either 16t,he wishes to establish the administrative GMQS exemption approval through this process for use when he does want to build. EXISTING CONDITIONS/BACKGROUND INFORMAtION:\' Per the Pitkin County Assessor, the existing house was constructed in 1973 ,?pd includes three bedrooms and three bathrooms. The site is basically flat with five mature fir trees located toward the. south end of the property. Ac.cess to the house and its two car garage is located offofFourth Street. Vegetation on the site primarily consists' of grass. .... Originally consisting of Lots A-F of Block 37, the lots making up the subject property were merged in 1975 to create a single lot; however, the lot was subsequently subdivided in 1982 to create. Lots I and 2 of the Strandberg Lot Split Subdivision Exception. The subject property is referred to as Lot 1 Strandberg Lot Split. The adjacent Lot 2 Strandberg Lot Split remains undeveloped. MCGARVEY SUBDIVISION STAFF REpORT PAGE 3 >~ ~ Photo taken from the alley looking back at the subject lot and Bleeker Street STAFF COMMENTS: SUBDIVISION: A subdivision of the eXlstmg lot into two single-family lots is being proposed, therefore, compliance with the review criteria of Section 26.480 is required. A two step process in front of P&Zand Council is required. Staff has reviewed all of the subdivision criteria,in Exhibit A and have found the request to comply with all of the applicable criteria. - DEVELOPMENT REVIEW COMMITTEE (DRC) REFERRAL COMMENT:$: . .'.;- ~ The DRC meeting was held on March 10, 2004. The comments from that meeting are attached in Exhibit B. The applicant has either addressed all of the comn'1~nts or will address them at time of final plat or building permit. STAFF SUMMARY AND RECOMMENDATION: Staff recommends approval of a Subdivision for the McGarvey Subdivision with conditions as put forth in the attached ordinance. RECOMMENDED MOTION: "I move to approve Ordinance No. _, Series of 2004 for a Subdivision for the McGarvey Subdivision." ..:t"~:;."'" City Manager Comments: MCGARVEY SUBDIVISION STAFF REpORT PAGE 4 ~ 1"""\ .. ATTACHMENTS: Exhibit A: Staff Findings - Subdivision Exhibit B: Referr~l (DRC) Comments Exhibit C: P&Z Minutes ..:..... :..\' "" '~'::"':" :- W MCGARVEY SUBDIVISION STAFF REpORT PAGE 5 .~ ~~ ORDINANCE NO. 17, (SERIES OF 2004) AN ORDINANCE OF THE ASPEN CITY COUNCIL APPROVING A SUBDIVISION FOR THE PROPERTY AT 433 WEST BLEEKER STREET, LEGALLY DESCRIBED AS LOT 1 STRANDBERG LOT SPLIT AlK/A LOTS A- D & W ~ LOT E, BLOCK 37, TOWNSITE OF ASPEN, CITY OF ASPEN, PITKIN COUNTY, COLORADO. Parcel ID: 2735-124-42-001 WHEREAS, the Community Development Department received an application from JNM Bleeker Street, LLP (c/o James McGarvey, Jr., Partner), represented by Haas Land Planning, LLC for Subdivision and Growth Management Quota System (GMQS) Exemption to subdivide an existing lot into two single-family lots and utilize the development rights from the demolished, existing single-family residence to construct two single-family residences; and, WHEREAS, the Community Development Department received referral comments from the Aspen Consolidated Sanitation District, City Engineering, Building Department, Fire, Streets, Parks and Water Departments as a result of the Development Review Committee m~~ting; and, .../ WHEREAS, said referral agencies and the Aspen Commlmity Development Department reviewed the proposed plan for Subdivision and Growth Management Quota System (GMQS) Exemptions and recommended approval with condi~ions; and, '"'\''''' ... WHEREAS, pursuant to Section 26.480 of the Land Use Code, ,<Subdivision approval may be granted by the City Council at a duly noticed public hearing after considering recommendations by the Planning and Zoning Commission, the Community Development Director, and relevant referral agencies; and, '" WHEREAS, pursuant to Section 26.470 of the Land Use Code, GMQS Exemption approval may be granted by the Community Development Director and, because the requested GMQS Exemption complied with the applicable review criteria, the Director granted such approval; and, -":%;- WHEREAS, the Subdivision review by the Planning and Zoning Commission requires a public hearing and this application was reviewed at a public hearing where the recommendations of the Community Development Director and comments from the public were heard; and, WHEREAS, during a regular meeting on April 20, 2004, the Planning and Zoning Commission opened a duly noticed public hearing to consider the project and - 6 - ~ ... "'" where, by a four to one (4-1) vote, recommended City. Council approve the Subdivision, with the findings and conditions listed hereinafter; and, \ WHEREAS, the.Ci.ty of Aspen City Cou.n.c...i.lfi.l..l.1ds that.. the. d...ev.. e1.o.pmellt proP.osal meets or exceeds all ..applicable developm.ent stand.ards anCf"that 'th~ approval of the development proposal, with conditions, is consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS, the City of Aspen City Council reviewed and considered the development proposal at a public hearing on June 28, 2004 and approved this Ordinance (on Second Reading) for Subdivision; WHEREAS, the City of Aspen City Council finds that this Ordinance furthers and is necessary for the promotion of public health, safety, and welfare. .... NOW, THEREFORE BE IT.RE$()l,YED 13Y l'ijJfA$~F;NCtTY~C()l.JN(:IL THAT: Section 1: The McGarvey SUb~~vlSiOl1.isheJ:eby approved, subj~ctt~thefollowlilgcoiidmons: I. Prior to issuance of.{l building pennit: <.x a. b. c. ., d. e. f. g. -'< ..<:::fiIf< Park Dedication fees shall be paid for any additional bedrooms that are added above and beyond what cum~ntly exists on the sit~, Cash in lieu of sy~1QollCll1qq~Qiql,tign~hflUJ2e paid., Both of the new single-family residences shall demonstr~~e-their compliance with the Residential Dtsign Standards. An outdoor lighting plan for each residence shall be submitteq. All tap fees, impactsJees, and building permit fees shall be paid. Plans shall be submittedshowi,ng adequate area for snow storage cOlnpletely on- site and not in the public alley. .. . An approved tree permit is required from the City Forester for their review and approval by Community Development. An approved tree. permit requires a proposed landscape plan identifYIng trees forremovai>andl1.1eal1S of mitigation. h. Based on the mitigation for tree removal, an approved landscape plan will need to be submitted to the Parks ... p~partment. The building perhlit landscaping plan should include lanclscaping of the Fourth Street right-of-way adjacent to the property. 2. The existing house need not be demolished to accommodate the .11ewly created lot boundaries and the encroaclunents into. the side yard setbacks may continue to exist for the life of the original structure only. Upon redevelopment, all structures on these - 7- ~, two (2) lots shall comply with the R-6 Zone District provisions with respect to the newly created lot boundaries and setbacks. The subdivision plat shall grant an easement to allow 'for the existing residence to be maintained across the new lot line and shall fUllction for the life of the existing stmcture only. Constmction of a house on the second lot shall only be possible if the existing house is removed. The documentation of the existing house floor area must be submitted as part of the building permit. 3. Prior to Celiificate of Occupancy for a stmcture on either lot, any pedestals in the alley adjacent to the lots should be moved out.oftlle alleyROW and onto the property of the adjacent lot. 4. A new curb is to be installed in place of the abandoned driveway prior to final inspection for a stmcture on either lot. 5. Prior to commencement of constmction on either lot, a vegetation protection fence shall be erected at the drip line of each individual tree or groupings of trees remaining on site. There shall be no excavation, no storage of constmction materials, backfill, equipment, tools or constmction traffic inside of the protective fence. This fence must be inspected by the city forester or his/her designee before any constmction activities are to commence. 6. A subdivision agre~ment and plat shall be recorded ill the office of the Pitkin County Clerk and Record6~' within 180 days following City Council approval. 7. The existing sewer service may be able to serve one of the two lots. A shared sewer service will not be allowed. Each lot shall require its own service. i ~:;.\;~ :- ot' 8. Sewer service is contingent upon compliance with the Aspen Consolidateg Sanitation District's mles, regulations, and specifications, which are on file at the District office. 9. The existing water tap must be abandoned. Abandonment ofthe tap shall occur when the existing building is demolished. 10. All uses and construction shall comply with the City of Aspen Water System Standards, with Title 25, and applicable portions of Title 8 (Water Conservation and Plumbing Advisory Code) of the Aspen Municipal Code as they pertain to utilities. .~t~.\--' 11. There shall be no further subdivision of either lot created by this approval and no duplex. shall be constmcted on either lot. The option to constmct an Accessory Dwelling Unit on.either lot shall be permitted and shall not be construed as a duplex or a subdivision. - 8 - ~ ... Section 2: This Ordinance shall not effeyt any existing litigation and shall not operate as an abatement of any action or proceeding llow pending under or by virtue of the ordinances repealed or ' amended as herein proyided, and the same shall be col1dllfteclaIlcl SQl1flllcled l,ll1qer sl.lch prior ordinances. Section 3: If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason ~leld invalid or unconstitutional in a. fOUlt of competent jurisdiction, such pOliion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. INTRODUCED, READ AND ORDERED PUBLISHEQa.s provided by law, by the City Council of the City of Aspen on this 25th day of May, 2004. ATTEST: HeIeu'1{,1lTn't<:.landerud;Mayor'.' . Kathryn Koch, City gerk FINALLY, ADOPTED, PASSED, AND APPROVED this 28th day of June, 2004, ATTEST: Kathryn S. Koch, City Clerk Helen K31in IZlallderucCMayor" .. APPROVED AS TO FORM: John Worcester, City Attorney .~,;;y,~ - 9 - ~ ,.--. <- EXHIBIT A STAFF FINDINGS: SUBDIVISION The Definitions secti~n (26.104.100) of the Land Use Code explains that subdivision approval is required whenever leasehold interests will be transferred. Section 26.480.050 states that a development application for subdivision review shall comply with the following standards and requirements: A. General Requirements. a. The proposed subdivision shall be consistent with the Aspen Area Community Plan (AACP). STAFF FINDING:! DOES IT COMPLY? 1 YES The future land use map in the AACP shows the subject site as "Residential". Therefore, the proposal to subdivide the existing lot into two single-family lots is in compliance with the future direction of the AACP. The project is also generally consistent with the applicable policies and goals of the AACP. The applicable elements of the AACP include locating residential development within the town limits, close to the commercial core and transit stops, and the provision of affordable housing in the form of an on-site accessory dwelling unit or payment of cash in lieu. .' b. The proposed subdivision shall be consistent with the character of existing land uses in the a~ea. STAFF FINDING: I DOES IT COMPLY? I YES The proposed sllbdivision will be consistent with the charactel>'Of the surrounding area because it proposes a similar density and lot layout as the surrounding land uses and will be designed to comply with the same R-6 zone district standards as its neighbors. . ...l;' c. The proposed subdivision shall not adversely affect the future development of surrounding areas. STAFF FINDING: DOES IT COMPLY? YES Staff believes that this development will not adversely affect the future development of the area because all development is internal to the site, does not encroach onto neighboring properties, and does not im act the ublic streets. t.t~;---' d. The proposed subdivision shall be in compliance with all applicable requirements of this Title. - ] 0- r'\, '-. STAFF FINDING: DOES IT COMPLY? YES All applicable requirements, including the zoning requirements of the R-6 zone district are ro osed to be met. B. Suitability of Land for Subdivision. a. Land Suitability. The proposed subdivision shall not be located on land unsuitable for gevelopment because offloodil1g,drainage, rock 'or soil creep, mudflow, rockslide, avalanche or snoW$lide, steep topofSraphy or any other natural .. hazard or other condition that wi.11 b~ l1a1'l11fu1 to Jl1~ l1~a.1th,safety, or welfare of the residents in the proposed subdivision. STAFF FINDING: I DOES IT COMPLY? I YES The site is essentially flat in grade anclToc'alec:rfaraway'from'iiiiy'iidjac'eiit l1atural impacts. The existing house on the site has not experienced any apparent negative impacts in its lifetime. b. Spatial Pattem Efficient. Th~proposed subdiyision shall not be desi,gned to create spatial patterns that cause illeffici~ncies, duplication or premature extension of public facilities and unnecessary public costs. STAFF FINDING: DOES IT COMPLY? YES Staff believes JJmt the subdivision hasbe~J:lcle~lg11.edtoavoidiirrort1ieabove s atial atterns. C. Improvements. The improvements set forth at Chapter 26.580 shall be provided for the proposed subdivision. The$e standanls may be varied by $pecialreview (See, Chapter 26.430) if the following conditiolls have .b~en 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 Community Plan, the existing, neighboring development areas, and/or the goals of the community. . STAFF FINDING: No variations are DOES IT C.OMPLY? N/A osed to the subdivision desi n standards. "'" 2. The applicant shall specify each design standard variation requested and provide justification for each variation request, providing design recommendations by professiol1al engineers as necessary. STAFF FINDING: No variations are DOES IT COMPLY? N/A osed to the subdivision design standards. -11- .~ ~ / D. Affordable Housing. A subdivision which is comprised of replacement dwelling units shall be required to provide affordable housing in compliance with the requirements of Chapter 26.520, Replacement Housing Program. A subdivision which is comprised cif 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: I DOES IT COMPLY? I YES The standards of Chapter 26.520, Replacement Housing Program, are not applicable because there is no replacement housing involved (said provision only applies to multi-family structures and does not apply to demolition of single-family homes). Appropriate mitigation will be required and provided in accordance with Section 26.070.070.B of the Aspen Land Use Code. E. School Land Dedication. Compliance with the School Land Dedication Standards set forth at Chapter 26.630. Applicability. School land dedication standards shall be assessed upon all new subdivisions within the City of Aspen which contain residential units. An applicant ma~ make a cash payment in-lieu of dedicating land to the City, or may make a cash payment in combination with a land dedication, to comply with the standards of this S.ection. This section of the subdivision regulations requires the ", / dedication oflano or the payment of an in-lieu fee for each new residential unit in a subdivision. f STAFF FINDING: DOES IT COMPLY? YES Cash in lieu of School land dedication is proposed and will be re~Uired to be paid by the applicant rior to issuance of building ermit. ." - 12- ~ ... EXHIBIT B DRC MINUTES MEMORANDUM To: Development Review Committee From: John Niewoehner, Community DevelopIl1.eiit Engineer, DRC Caseload Coordinator Date: March 10, 2004 Re: 3/l0/04DRC Minutes: McGarvey Subdivision Attendees: Scott Woodford, Case Planner - Community Development Department Nick Adeh, Engineering Department John Niewoelmer, Community Developmetlt Department Phil Overeynder, Water Department Tom Bracewell, Sanitation District Jerry Nye, Stre~ts Department Ed Van W alnj~ell, Fire Department Sarah Oates_; Zoning Officers Brian FlYlm, Parks DepartIllent Mitch Haas, Plamler for Applicant .> . (,.~..- At the March 10, 2004, the Development Review Committee reviewed tIie following project: McGarvey Subdivision and GMQS Exemption - The proposal .is to subdivide'a.ll existing 13,500 sf lot at the corner of FourthandI31~eker Stre~t~ int9t\Y9Jots - - on<= lot with 6,000 sf and 7,500 sf. The existing house will initially straddle the two new lots but the house will eventually be demolished to make tool'll for twosingle-family houses. ".;.r DRC COMMENTS Engineering and Streets: ..l<fW,/ 1. Access: The City concurs that the driveways for the two new lots should be off the alley and the existing curb cut on Fourth Street should lJe ~lJcm<i()Iled. A new curb is to be installed in place ofthe abandoned driveway. - 13- ~. i""-""" 2. Utilitv Pedestals: Any pedestals in the alley adjacent to the lots should be moved out of the alley ROWand onto the property of adjacent lot. 3. Smvev: A new survey is required for the subdivision plat. Both lots must be fully monumented with property pins at the lot comers. 4. Drainage: The building permit application needs to include a drainage and erosion control prepared by a professional engineer. Drainage from the lots cannot flow into the alley. 5. Snow Storage: Building plans must show area for snow storage off alley. (Snow from alley CalIDot be placed in alley.) Parks Department I. Tree Removal: An approved tree permit is required prior to approval of the building permit. An approved tree permit requires a proposed landscape plan identifying trees for removal and means of mitigation. Please contact the City Forester for more information 920-5126. 2. Tree Protection: A vegetation protection fence shall be erected at the drip line of each individual tree or groupings of trees remaining on site. There will be no storage of construction materials, backfill, tools or construction traffic inside of the protective fence. There is no excavation or disturbance of the native area inside of the protective fence. This fence must be inspected by the city forester or his/her desigilee (920-5126) before any construction activities are to commence. No excavati~~}.storage of materials, storage of construction backfill, storage of equipment, foot or vehicle traffic allowed within the drip line of any tree on site. 3. Landscape: Based on the mitigation for tree removal, an approved landscape plall will need to be submitted to the Parks Department. The building permit lalldscaping plan should include a landscaping the Fourth Str~et ROW adjacent to the property. '.\' , . Fire Department Nothing at this time. Sanitation District "" 1. Separate Sewer Services: The existing sewer service may be able to serve one of the two lots. A shared sewer service will not be allowed. Each lot needs its own service. 2. ACSD Standards: Service is contingent upon compliance with the District's rules, regulations, and specifications, which are on file at the District office. Water Dept: 1. Water Taps: The existing water tap must be abandoned. Abandonment of the tap will occm when the existing building is demolished. 2. City Standm-ds Compliance: All uses and construction will comply with the City of Aspen Water System Standards, with Title 25, and applicable portions of Title - 14 - '.. ., 8 (Water Conservation and Plumbing Advisory Code) of the Aspen Municipal Code as they pertain to utilities. Zoning: 1. Lighting: Outdoor Lighting must conform to. Lighting Code. 2. Existing Structure: The dOCUlnentation of the existing house floor area must besubmittedas part of the building permit. - 15 - j ~\1r1?rrc ASPEN PLANNING & ZlJl~ING COMMISSION Minutes APRIL 20~ 2004 .1>....2- structw'e only. The existing house floor area shall be noted on the subdivision plat 4. The driveway for Lot 1 (the MIHl1{t: corner lot) shall be placed as far as possible from the South/Gibson Avenue intersection. A hammerhead driveway on Lot 1 shall be constructed to allow cars to turnaround onsite and mJoid backing onto the street. 5. The applicant shall construct sidewalks, in compliance with City standards jor the portion of the property fronting Gibson Avenue and South Avenue. 6. The subdivision plat shall show an easement for utilities, roadway and jutw'e sidewalks. Instead "of multiple easements, a single 'non-exclusive common easement' may be platted with appropriate plat notes. No structw'es or trees shall be placed in the easement without the permission of the City Engineer and applicable utilities. 7. Prior to the recordation oj the subdivision plat, a design oj the sidewalk and curb/gutter needs to be submitted to the City Engineer. (A sidewalk, curb and gutter design will allow the accurate depiction of the easement on the plat) The curb location along Gibson Street will be dictated by the medjor a 24-foot minimum street width The design needs to include a site plan with adequate contours and spot elevations to demonstrate that gutter will hmJe a 0.75% slope (minimum) towards a storm drain and show the extent ofre-grading Gibson St. The sidewalk, curb and gutter along both lots shall be installed as part of the next buildingpermitfor either lot 101' lot 2. No Certificate ojOccupancy will be given until the sidewalk, curb and gutter is installed. 8. No proposed structw'e or landscaping over 30 inches tall shall be installed in a sight triangle located 30 feet within the Gibson/South St intersection. 9. A subdivision agreement and plat shall be recorded in the office of the Pitkin County Clerk and Recorder within 180 days follOWing City Council approval. 10. All uses and construction shall comply with the City of Aspen Water System Standards, with Title 25, and applicable portions of Title 8 (Pf/ater Conservation and Plumbing Advisory Code) of the Aspen MW1icipal Code as they pertain to utilities. There shall be no fw-ther subdivision of Lot 2, the 15,079 square foot lot This restriction shall not apply to condominiumizing two single-family dwelling units or a duplex constructed on the lot Seconded by Roger Haneman. Roll call: Johnson, no; Haneman, yes; Marion, yes; Tygre, yes. APPROVED 3-1. ~\ !~. PUBLIC HEARING: MCGARVEY SUBDIVISION - 433 WEST BLEEKER STREET Jasmine Tygre opened the public hearing for the McGarvey Subdivision at 433 West. Bleeker. David Hoefer stated that an affidavit was provided with proof of notice and posting.,'. Scott Woodford stated that the applicant requested a subdivision and GMQS exelnption to subdivide the existing lot into two single-family lots. Lot sizes are 6,000 square feet and 7500 square feet; the only option was to build single-family r~sidences. Woodford utilized blueprints and drawings to show the existing lot line and proposed lot line, which goes tlu'ough the existing house. The existing access to the house is off of Fourth . Street. Woodford said there were two devdopment rights; to satisfy the exemptions they will have to provide ADUs or pay the cash-in-lieu. There will be some credits for the existing house; the timetable for reconstruction is 5 years fi-om demolition unless an extension is granted by city council (memo page 5 #2.d.). Mitch Haas, representative for the applicant JNM Bleeker Street, stated this was like a lot split but wasn't because there was a provision in the lot split standards that if the propeliy has ever been subdivided before then it could not be a lot split but had to be a subdivision. The first subdivision was done in 1981 or 1982. The subdivision does not add any density to the lots; it will take the Fourth Street access away and the alley will 11 " . ...1' '. . "" ';i+>' ^ . ... ~.............> ASPEN PLANNI1 ,.; & ZONING COMMISSION . J.dinutesAPRIL20, 2004 "-~";;'-_-,fi"';:'-: ,.., ':;;:i;;';;:::'~i_;:j_;:-:?:'~;~~::;;;;~)~'t'kL\$;J;:~;X~~:'~j't!r;:;;X;:P:i;L;:;>?~i:,.f,,;:,:~-#;-iii';->-:';:; ",..c""_'0'h;;,c,.~j".,,,, be used.as it was meant t9P~. I-Iaas st;;]J~d .tl1~ applicant plans to build himself a new home on the com~r lot (the 750Q square foot) and sell the other on~. Roger Haneman asked if these were back to th~ original lots lines from 30 years ago. Haas replied that priorto 1982 it was a 19,500 square foot lot. Doug Allen stated that those 4V2 lots and the lots next door W{;(l'eqllJJnd~1'911~()wnership before it was subdivided. Tygre said that~ach creat~d 19t wOllld hav{;(toprovide an ADD .or cash-in- lieu but if an ADD was creqted it wOllld still hqve to be includ~d in the allowable F.AR.. . C.d """'.',. " .,'.. ,.....,...".,.,.......,...........,:.', .,._;,.-,....._,'~,'._."_.....,.'_...,.._i'_,,.,..',.. ',',-<-"_"',,,_.,,,_."_.' ._.:...'.,.".......,.. "".,_,.,.:.",,-.,_-;. ..,.......,...... .......,..... Jack Johnson inquired that just because this was in the original township does it not mean that there was a historic TDR witl1 either ofth{;(sesJ9tsfol'J~S~iY~l'ship or transference; he asked if it was only the strucWre thqt hqdth{;( TDR trqnsf~rqb,ility. Haas stated that this was not a historic property and it could orily be transf~rred from q historic building. Brandon Marion asked if th~re W~Wqny restrictions whether the front of the house would be on Bleeker or F ollrth. J-;lqqSf{;(Sponded that this situation would require the front to be on Bleek~r because th~blo9kJengthwas longer. Public COlmnents: Doug Allen, public, r~presents SistieFischer, said that they were happy to see this was being developed in a"sensitive manner. Allen requested adding two conditions: that neither lot shall be further subdivided and neith~rJot haveq duplex on it. Haas responded that anADU would not be considered a duplex. Three commissioners thought the additional conditions were a good id~?qnd two cOlmnissioners didn't have an opinion on the addition. MOTION: BrandonMarion moved to approve Resolution #14, series of 2004 for a Subdivision and GMQS Exemption for the McGarvey Subdivi~ion at 433 West Bleeker Street subject to the following conditions: l)Pri()r tOissuanceiqf a building perin it: a) Park Dedicationfees shall be paidfor any addiH()nct! bedrooms that are added above and beyond what currently exists on the site. b) Cashin lieu of school land dedication shall be paid c) Both of the new single-family residences shalldenions}rate thejrc..Q!npliance with the Residential Design Standards. d) An outdoor lighting plan for each residence shall be submitted e) All tap fees, impactsfees, and building permitfees shall be paid. f) Plans shall be submitted showing adequate area for snow storage completely on-site and not in the public alley g) An approved tree permit is required fi'om the City Forester. An approved tree permit requires a proposed landscape plan identifYing trees for removal and means of mitigation. h) Based on the mitigationfor tree removal, an approved landscape plan will need to be submitted to the Parks Department. The building permit landscaping plan should include landscaping of the Fourth Street right..,of-way adjacent to the property. 2) The existing house need not be demolished to accommodate the newly created lot boundaries and the encroachments into the side yard 12 ~ ~ ASPEN PLANNING & ZUNINGCOMl\1ISSION Minutes APRIL 20, 2004 setbacks may continue to existfor the life of the original structure only. Upon redevelopment, all structures on these two (2) lots shall comply with the R-6 Zone District provisions with respect to the newly created lot boundaries and setbacks. The subdivision plat shall grant an easement to . allow for the existing residence to be maintained across the new lot line. and shall fimction for the life of the existing structure only. The documentation of the existing house floor area must be submitted as part of the building permit. 3) Prior to Cert(ficate of Occupancy for a structure on either lot, any pedestals in the alley adjacent to the lots should be moved out of the alley ROW and onto the property of adjacent lot. 4) A new curb is to be installed in place of the abandoned driveway prior to Certificate of Occupancy for a structure on either lot. 5) Prior to commencement of construction on either lot, a vegetation protection fence shall be erected at the drip line of each individual tree orgroupings of trees remaining on site. There shall be no excavation, no storage of construction materials, backfill, equipment, tools or construction traffic inside of the protective fence. Thisfence must be inspected by the city forester or his/her designee before any construction activities are to commence. 6) A subdivision agreement and plat shall be recorded in the office of the Pitkin County CleT~k and Recorder within 180 days following City Council approval. 7) The existing sewer service may be able to serve one of the two lots. A shared sewer service will not be allowed. Each lot shall require its own service. 8) Sewer service is contingent upon compliance with the Aspen Consolidated Sanitation District's rules, regulations, and specifications, which are onfile at the District office. 9) The existing water tap must be abandoned. Abandonment of the tap shall occur when the existing building is .demolished. 10) All uses and construction shall comply with the City of Aspen Water System Standards, with Title 25, and applicable portions of Title 8 (Water Conservation wid Plumbing Advisory Code) of the A.sjJen Municipal Code as they pertain to utilities. 11) 11. There shall be no further re-subdivision of either lot created by this approval and no duplex shall be constructed on either neiiif l~t The option to construct an Accessory Dwelling Unit on either lot shall be permitted and shall not be construed as a duplex or a subdivision. Seconded by Roger Hanelnan. Roll call vote: Johns, yes,' Johnson, no,' Haneman, yes; Marion, yes,' Tygre, yes. APPROVED 4-1. -:\.., . ,~ BOARD REPORT Jack Johnson reported on the COWOP Visitor Center. The commission discussed the COWOP process with some reservations and support. Concerns were abuse of the process by the city not being held to the same standards that private projects were held to and to follow the process; the land use opinions were not addressed in the COWOP process; the public perception of the city having made the decision on the Visitor Center location prior to any public input; asset management developing a'plan and taking it to council without full P&Z review process; the COWOP process was very frustrating for some of the members. .". .;;:;-~;...;. Adjourned at 7:20 pm. Jackie Lothian, Deputy City Clerk 13 Mayor Klanderud and Aspen City Council ;~{;e~ Woods, Con:~;;;ty De~el()pmentDrrecto~ Scott Woodford, City Planne~ -7 MCGARVEY SUBDIVISION, 1ST READING, SUBDIVISION; ORDINANCE No. t3:=-, SERIES 2004 May 25, 2004 MEMORANDUM TO: THRU: FROM: RE: GJ DATE: V'IIIt) Photo of the existing house on the property taken from Bleeker Street. The house is proposed to be demolished and the lot it sits on is to be subdivided into two lots. One of the proposed lots would be in the center of the photograph where the existing trees and a portion of the house are sitting. Approval of the Subdivision to subdivide an existing lot into two single- family lots and utilize the developme,nt rights fro1)1 the demolished, existing single-family to construct two single-family residences. JNM Bleeker Street, LLP (c/o James McGarvey, Jr., Partner), represented by Haas Land Planning, LLC Approval with conditions on 4/20/04 (4-1 to approve) Minutes attached REQUEST SUMMARY: ApPLICANT: P&Z ACTION: ZONE DISTRICT: R-6 (Medium Density Residential) LEGALDESCRJ:PTION / ADDRESS: STAFF RECOMMENUATION: Lot I Strandberg Lot Split (a/kla Lots A-D & W 1;2 Lot E, Block 37, Townsite of Aspen) / 433 WestBleeker Street ApPROVAL OF THE SUBDIVISION WITH CONDITIONS MCGARVEY SUBDIVISION STAFF REpORT PAGE I ~ PROJECT SUMMARY: The applicant's proposal is to subdivide the existing 13,500 sq. ft. lot located at the corner of Fourth and West Bleeker Streets into two lots, with newly created Lot lA being 7,500 sq. ft. in size and new Lot IB being 6,000 sq. ft.. As the minimum lot size in the R-6 zone district is 6,000 sq. ft. per detached residential unit, each new lot will be able to support a single-family residence. The existing one-story brick house on the site may remain for the time being, although it will eventually be demolished to make way for the new structures. The house was designed by Ellie Brickham, but it is not listed on the Aspen Inventory of Historic Landmark Sites and Structures and therefore does not have any special protections from demolition. Per the R-6 zone district standards, the allowed floor area on Lot lA would be approximately 3,450 square feet, while Lot IB would allow approximately 3,240 sq. ft. for a single-family residence. The applicant is not required to submit designs for the proposed structures on the new lots at this point in the process, however, the. designs will be required to comply with the City's Residential Design Standards. According to the applicant, no variances are anticipated to be necessary to comply with the Residential Design Standards. Compliance with those standards will be determined at time of building permit. Vehicular access to each new lot will be from the alley. at the rear' while the existing access off of Fourth Street will be eliminated. All of the mature trees and landscaping will be preserved with the new lot layouts. No sidewalks cUrrently exist around the property, nor are any required with this proposal, as the lot is located in a "no sidewalk" zone as designated on the city sidewalk map. ApPLICABLE LAND USE SECTIONS: In order to accommodate the above development request, the following land use approvals are required: I) SUBDIVISION: Section 26.480 of the Code pertains to Subdivision and subdivision review is required in this instance for the proposed split of the existing lot into two single-family lots. A lot split is not allowed in this instance as the lot has been previously subdivided through a lot split. Final Review Authoritv: City Council. NOTE: As part of this application, the applicant has also requested approval of a Growth Management Quota System (GMQS) Exemption for construction ofthe proposed single- family dwelling units. Per the Code; . such exemption can be approved administratively by the Community Development Director. Prior to the City Council hearing, the Director approved the Growth Management Quota System (GMQS) Exemption. No further approval or action on this particular exemption is necessary. MCGARVEY SUBDIVISION STAFF REPORT PAGE 2 ^ EXISTING CONDITIONSIBACKGROtJNJ) INFO:RMATlON: Per the Pitkin County Assessor, the existing house was constructed in 1973 and includes three bedrooms and three bathrooms. The site is basically flat with five mature fir trees located toward the south end of the property. Access to the house and its two car garage is located off of Fourth Street. Vegetation on the site primarily consists of grass. Originally consisting of Lots A-F of Block 37, the lots making up the subject property were merged in 1975 to create a single lot; however, the lot was subsequently subdivided in 1982 to create Lots 1 and 2 of the Strandberg Lot Split Subdivision Exception. The subject property is referred to as Lot 1 Strandberg Lot Split. The adjacent Lot 2 Strandberg Lot Split remains undeveloped. Photo taken from the alley looking back at the subject lot and Bleeker Street STAFF COMMENTS: SUBDIVISION: A subdivision of the existing lot into two single-family lots is being proposed, therefore, compliance with the review criteria of Section 26.480 is required. A two step process in front of P&Z and Council is required. Staff has reviewed all of the subdivision criteria in Exhibit A and have found the request to comply with all of the applicable criteria. DEVELOPMENT REVIEW COMMITTEE (DRC) REFERRAL COMMENTS: The DRC meeting was held on March 10, 2004. The comments from that meeting are attached in Exhibit B. The applicant has either addressed all of the comments or will address them at time of final plat or building permit. MCGARVEY SUBDIVISION STAFF REpORT PAGE 3 ~ STAFF SUMMARY AND RECOMMENDATION: Staff recommends approval of a Subdivision for the McGarvey Subdivision with conditions as put forth in the attached ordinance. ' RECOMMENDED MOTION: "I move to approve Ordinance No. ~ Series of 2004 for a Subdivision for the McGarvey Subdivision." ATTACHMENTS: Exhibit A: Staff Findings - Subdivision Exhibit B: Referral (DRC) Comments Exhibit C: P&Z Minutes City M~~~er Comments:, .. . " j)JtL 4~ <-\nit ~. ~~ MO:JeJ2 ei _ Styi1~~ ~J~~'1.....~~..?~/~' McGARVEY SUBDIVISION STAFF REPORT PAGE 4 ^. ORDINANCE NO. J1-, (SERIES OF 2004) AN ORDINANCE OF THE ASPEN"CrrYCOuNCILApPRUVINGA SUBDIVISION FOR THEPR.()P~lt!Y~'I'~j~~~~!~~l!:l!:~~$!!$Jt:t!:l" LEGALLY DESCRIBED AS LOT lSTRANDBER.G r;OTsPLtt AlKlA LotS A- D & W ~ LOT E, BLOCK 37, tOWNSITEOlt A"SPEN:eITy'uy':ASPEN;PIfK:IN COUNTY, COLORADO. ParcelID: 2735-124-42-001 WHEREAS, the Community Development Department received an application from JNM Bleeker Street, LLP (c/o James McGarvey, Jr., Partner), represented by Haas Land Planning, LLC for Subdivision and Growth Management Quota System (GMQS) Exemption to subdivide an existing lot into two single-falllily lots and utilize the development rights from the demolished, existing single-family residence to construct two single-family residences; and, WHEREAS, the Community Development Department received referral comments from the Aspen Consolidated Sanitation District, City Engineering, Building Department, Fire, Streets, Parks and Water Departments as a result of the Development Review Committee meeting; and, WHEREAS, said referral agencies and the Aspen Community Development Department reviewed the proposed plan for Subdivision and Growth Management Quota System (GMQS) Exemptions and recommended approval with conditions; and, WHEREAS, pursuant to Section 26.480 of the Land Use Code, Subdivision approval may be granted by the City Council at a duly noticed public hearing after considering recommendations by the Planning and Zoning Commission, the Community Development Director, and relevant referral agencies; and, WHEREAS, pursuant to Section 26.470 of the Land Use Code, GMQS Exemption approval may be granted by the Community Development Director and, because the requested GMQS Exemption complied with' the applicable review criteria, the Director granted such approval; and, WHEREAS, the Subdivision review by the Planning and Zoning Commission requires a public hearing and this application was reviewed at a public hearing where the recommendations of the Community Development Director and comments from the public were heard; and, WHEREAS, during a regular meeting on April 20, 2004, the Planning and Zoning Commission opened a duly noticed public hearing to consider the project and - 5 - ^ where, by a four to one (4-1) vote, recommended City Council approve the Subdivision, with the findings and conditions listed hereinafter; and, WHEREAS, the City of Aspen 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 of Aspen City Council reviewed and considered the development proposal at a public hearing on June 28, 2004 and, by a vote of _ to _ L - .J, approved this Ordinance (on Second Reading) for Subdivision; NOW, THEREFORE . BE IT RESOLVED BY THE ASPEN CITY COUNCIL THAT: Section 1: The McGarvey Subdivision is hereby approved, subject to the following conditions: I. Prior to issuance of a building permit: a. Park Dedication fees shall be paid for any additional bedrooms that are added above and beyond what currently exists on the site. b. Cash in lieu of school land dedication shall be paid. c. Both of the new single-family residences shall demonstrate their compliance with the Residential Design Standards. . d. An outdoor lighting plan for each residence shall be submitted. e. All tap fees, impacts fees, and building permit fees shall be paid. f. Plans shall be submitted showing adequate area for snow storage completely on- site and not in the public alley. g. An approved tree permit is required from the City Forester. An approved tree permit requires a proposed landscape plan identifying trees for removal and means of mitigation. . . h. Based on the mitigation for tree removal, an approved landscape plan will need to be submitted to the Parks Department. The building permit landscaping plan should include landscaping of the Fourth Street right-of-way adjacent to the property. 2. The existing house need not be demolished to accommodate the newly created lot boundaries and the encroachments into the side yard setbacks may continue to exist for the life of the original structure only. Upon redevelopment, all structures on these two (2) lots shall comply with the R-6 Zone District provisions with respect to the newly created lot boundaries and setbacks. The subdivision plat shall grant an easement to allow for the existing residence to be maintained across the new lot line and shall function for the life of the existing structure only. Construction of a house on the second lot shall only be possible if the existing house is removed. The - 6- r\ Section 3: . 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. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on this 25th day of May, 2004. ATTEST: Helen Kalin Klanderud, Mayor Kathryn Koch, City Clerk FINALLY, ADOPTED, PASSED, AND APPROVED this 28th day of June, 2004. ATTEST: Kathryn S. Koch, City Clerk Helen Kalin Klanderud, Mayor APPROVED AS TO FORM: John Worcester, City Attorney - 8- ^ .::'1 EXHIBIT A STAFF FINDINGS: SUBDIVISION The Definitions section (26.104.100) of the Land Use Code explains that subdivision approval is required whenever leasehold interests will be transferred. Section 26.480.050 states that a development application for subdivision review shall comply with the following standards and requirements: A. General Requirements. a. The proposed subdivision shall be consistent with the Aspen Area Comprehensive Plan, (AACP). ST AFF FINDING: I DOES IT COMPLY? I YES The future land use map in the AACP shows the subject site as "Residential". Therefore, the proposal to subdivide the existing lot into two single-family lots is in compliance with the future direction of the AACP. The project is also generally consistent with the applicable policies and goals of the AACP. The applicable elements of the AACP include locating residential development within the town limits, close to the commercial core and transit stops, and the provision of affordable housing in the form of an on-site accessory dwelling unit or payment of cash in lieu. b. The proposed subdivision shall be consistent with the character of existing land uses in the area. STAFF FINDING: I DOES IT COMPLY? I YES The proposed subdivision will be consistent with the character of the surrounding area because it proposes a similar density and lot layout as the surrounding land uses and will be designed to comply with the same R-6 zone district standards as its neighbors. c. The proposed subdivision shall not adversely affect the future development of surrounding areas. STAFF FINDING: DOES IT COMPLY? YES Staff believes that this development will not adversely affect the future development of the area because all development is internal to the site, does not encroach onto nei hborin ro erties, anq does not im act the ublic streets. d. The proposed subdivision shall be in compliance with all applicable requirements of this Title. - 9- 1""'\ STAFF FINDING: DOES IT COMPLY? . YES All applicable requirements, including the zoning. requirements of the R-6 zone district are ro osedto 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 flooding, 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. STAFF FINDING: I DOES IT COMPLY? I YES The site is essentially flat in grade and located far away from any adjacent natural impacts. The existing house on the site has not experienced any apparent negative impacts in its lifetime. . b. Spatial Pattern Efficient. The proposed subdivision shall not be designed to create spatial patterns that cause inefficiencies, duplication or premature extension of public facilities and unnecessary public costs. STAFF FINDING: DOES IT COMPLY? YES Staff believes .that the subdivision has been designed to avoid all of the above s atial atterns. 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) ifthe following conditions have been met: I. A unique situation exists for the development where strict adherence to the subdivision design standards would result ill incompatibility with the Aspen Area Comprehensive Plan, the existing, neighboring development areas, and/or the goals of the community. STAFF-FINDiNG: No variations are DOESITCOMPLV? N/A osed to the subdivision desi n standards. 2. The applicant shall specify each design standard variation requested and provide justification for each variation request, providing design recommendations by professional engineers as necessary. STAFF FINDING: No variations are DOES IT COMPL v? NI A osed to the subdivision desi n standards. - 10- Jj() r'\ D. Affordable Housing. A subdivision which is comprised of replacement dwelling units shall be required to provide affordable housing in compliance with the requirements of Chapter 26.520, Replacement Housing Program. A subdivision which is comprised of new dwelling units shall be required to provide affordable hOllsingin compliance with the requirements of Chapter 26.470, Growth Management Quota System. STAFF FINDING: DOES IT COMPLY? N/A The standards of Chapter 26.520, Replacement Housing Program, are not applicable because there is no replacement housing involved (said provision only applies to multi-family structures and does not a ly to demolition of single-family homes). E. School Land Dedication. Compliance with the School Land Dedication Standards set forth at Chapter 26.630. Applicability. School land dedication standards shall be assessed upon all new subdivisions within the City of Aspen which contain residential units. An applicant may make a cash payment in-lieu of dedicating land to the City, or may make a cash payment in combination with a land dedication, to comply with the standards of this Section. This section of the subdivision regulations requires the dedication of land or the payment of an in-lieu fee for each new residential unit in a subdivision. STAFF FINDING: DOES IT COMPLY? YES Cash in lieu of School land dedication is proposed and will be required to be paid by the ap licant rior to issuance of buildin ermit. - 11 - r\ EXHIBIT B DRC MINUTES MEMORANDUM To: Development Review Committee From: John Niewoehner, Community Development Engineer, DRC Caseload Coordinator Date: March 10,2004 Re: 3/10/04DRC Minutes: McGarvev Subdivision Attendees: Scott Woodford, Case Planner - Community Development Department Nick Adeh, Engineering Department John Niewoehner, Community Development Department Phil Overeynder, Water Department Tom Bracewell, Sanitation District Jerry Nye, Streets Department Ed VanWalraven,Fire Department Sarah Oates, Zoning Officers Brian Flynn, Parks Department Mitch Haas, Planner for Applicant At the Match 10, 2004, the Development Review Committee reviewed the following pro] ect: McGarvev Subdivision and GMQS Exemption - The proposal is to subdivide an existing 13,500 sf lot at the corner of Fourth and Bleeker Streets into two lots - - one lot with 6,000 sf and 7,500 sf. The existing house will initially straddle the two new lots but the house will eventually be demolished to make room for two single-family houses. DRC COMMENTS Ell1!ineerine and Streets: 1. Access: The City concurs that the driveways for the two new lots should be off the alley and the existing curb cut on Fourth Street should be abandoned. A new curb is to be installed in place of the abaridoned driveway. - 12- ^ 2. Utilitv Pedestals: Any pedestals in the alley adjacent to the lots should be moved out of the alley ROWand onto the property of adjacent lot. 3. Survey: A new survey is required for the subdivision plat. Both lots must be fully monumented with property pins at the lot corners. 4. Drainage: The building permit application needs to include a drainage and erosion control prepared by a professional engineer. Drainage from the lots cannot flow into the alley. 5. Snow Storage: Building plans must show area for snow storage off alley. (Snow from alley cannot be placed in alley.) Parks Department 1. Tree Removal: An approved tree permit is required- prior to approval of the building permit. An approved tree permit requires a proposed landscape plan identifying trees for removal and means of mitigation. . Please contact the City Forester for more information 920-5126. 2. Tree Protection: A vegetation protection fence shall be erected at the drip line of each individual tree or groupings of trees remaining on site. There will be no storage of constructIon materials,baC1(fill, tools or COllstruction traffic inside of the protective fence. There is no excavation or disturbance of the native area inside of the protective fence. This fence must be inspected by the city forester or his/her designee (920-5126) before any construction activities are to commence. No excavation, storage of materials, storage of construction backfill, storage of equipment, foot or vehicle traffic allowed within the drip line of any tree on site. 3. Landscape: Based on the mitigation for tree removal, an approved landscape plan will need to be submitted to the Parks Department. The building permit landscaping plan should include a landscaping the Fourth Street ROW adjacent to the property. Fire Department Nothing at this time. Sanitation District 1. Separate Sewer Services: The existing sewer service may be able to serve one of the two lots. A shared sewer service will not be allowed. . Each lot needs its own serVICe. 2. ACSD Standards: Service is contingent upon compliance with the District's rules, regulations, and specifications, which are on file at the District office. Water Dept: 1. Water Taps: The existing water tap must be abandoned. Abandonment of the tap will occur when the existing building is demolished. 2. City Standards Compliance: All uses and construction will comply with the City of Aspen Water System Standards, with Title 25, and applicable portions of Title -13- ~ 8 (Water Conservation and Plumbing Advisory Code) of the Aspen Municipal Code as they pertain t,O utilities. Zonin2: I. Lighting: Outdoor Lighting must conform to Lighting Code. 2. Existing Structure: The documentation of the existing house floor area must be submitted as part of the building permit. - 14- EXHIBIT C P&Z MINUTES PUBLIC HEARING: MCGARVEY SUBDIVISION - 43:rWESTBLEEKERSTREET Jasmine Tygre opened the public hearing for the McGarvey Subdivision at 433 West Bleeker. David Hoefer stated that an affidavit was provided with proof of notice and posting. Scott Woodford stated that the applicant requested a subdivision and GMQS exemption to subdivide the existing lot into two single-:falIlilylots, +[ot sizes are 6,000 square feet.and 7500 square feet; the only option was to build single-family residences. Woodford utilized blueprints and drawings to show the existing lot line and proposed lot line, which goes through the existing house, The existing access to the house is off of Fourth Street. Woodford said there were two development rights; to satisfy the exemptions they will have to provide ADDs or pay the cash-in-lieu, There will be some credits for the existing house; the timetable for reconstruction is 5 years froni demolition unless an extension is granted by city council (memo page 5 #2,d,), Mitch Haas, representative for the applicant JNM Bleeker Street, stated this was like a lot split but wasn't because there was a provision in the lot split standards that if the property has ever been subdivided before then it could not be a lot split but had to be a subdivision, The first subdivision was done in 1981 or 1982, The subdivision does not add any density to thelots; it will take the Fourth Street access away and the alley will be used as it was meant to be. Haas stated the applicant plans to build himself a new home on the comer lot (the 7500 square foot) and sell the other one. Roger Haneman asked if these were back to the original lots lines from 30 years ago. Haas replied that prior to 1982ifwasa19,500sqllarefoot.lot..Dollg AlIen stated that those 4Y2lots and the lots next door were all under one ownership before it was subdivided, Tygre said that each created lot would have to provide an ADD or cash-in-lieu but if an ADD was created it would stillh.ave to he included in the allowable FAR. Jack Johnson inquired that just because this was in the original township does it not mean that there was a historic TDR with either of theses lots for receivership or transference; he asked ifit was only the structure that had the TDR transfer I*) - ability. Haas stated that this was not a historic property and it could only be transferred from a historic building. Brandon Marion asked if there were any restrictions whether the front of the house would be on Bleeker or Fourth, Haas responded that this situation would require the front to be on Bleeker because the block length was longer, Public Comments: Doug Allen, public, represents Sistie Fischer, said that they were happy to see this was being developed in a sensitive manner. Allen requested adding two conditions: that neither lot shall be further subdivided and neither lot have a duplex on it. Haas responded that an ADD would not be considered a duplex, Three commissioners thought the additional conditions were a good idea and two commissioners didn't have an opinion on the addition, MOTION: Brandon Marion moved to approve Resolution #14, series of 2004 for a Subdivision and GMQS Exemption for the McGarvey Subdivision at 433 West Bleeker Street subject to the following conditions: 1) Prior to issuance of a building permit: a) Park Dedicationftes shall be paidfor any additional bedrooms that are added above and beyond what currentlyexists on the site. b) Cash in lieu of school land dedication shall be paid c) Both of the new single-family residences shall demonstrate their compliance with the Residential Design Standards. d) An outdoor lighting plan for each residence shall be submitted e) All tap ftes, impacts fees, and building permit fees shall be paid j) Plans shall be submitted showing adequate area for snow storage completely on-site and not in the public alley. g) An approved tree permit is required from the City Forester. An approved tree permit requires a proposed landscape plan identifYing trees for removal and means of mitigation. h) Based on the mitigation for tree removal, an approved landscape plan will need to be submitted to the Parks Department. The building permit landscaping plan should include landscaping of the Fourth Street right-o.fway adjacent to the property. 2) The existing house need not be demolished to accommodate the newly created lot boundaries and the encroachments into the side yard setbacks may continue to exist for the life of the original structure only. Upon redevelopment, all structures on these two (2) lots shall comply with the R-6 Zone District provisions with respect to the newly created lot boundaries and setbacks. The subdivision plat shall grant an easement to allow for the existing residence to be maintained across the new lot line and shall function for the life of the existing structure only. The documentation of the existing house floor area must be submitted as part of the building permit. 3) Prior to Certificate of Occupancy for a structure on either lot, any pedestals in the alley adjacent to the lots should be moved out of the alley ROWand onto the property of adjacent lot. 4) A new curb is to be installed in place of the abandoned driveway prior to Certificate of Occupancy for a structure on either lot. 5) Prior to commencement of construction on either lot, a vegetation protection fence shall . ~ be erected at the drip line of each individual tree or groupings of trees remaining on site. There shall be no excavation, no storage of construction materials,baclifill, equipment, tools or construction traffic inside of the protective fence. This fence must be inspected by the city forester or his/her designee before any construction activities are to commence. 6) A subdivision agreement and plat shall be recorded in the office of the Pitkin County Clerk and Recorder within 180 days following City Council approval. 7) The existing sewer service may be able to serve one of the two lots. A shared sewer service will not be allowed. Each lot shall require its own s~rvice. 8) Sewer service is contingent upon compliance with the Aspen Consolidated Sanitation District's rules, regulations, and specifications, which are onfile at the District office. 9) The existing water tap must be abandoned. Abandonment of the tap shall occur when the existing building is demolished. 10) All uses and construction shall comply with the City of Aspen Water System Standards, with Title 25, and applicable portions of Title 8 (Water Conservation and Plumbing Advisory Code) of the Aspen Municipal Code as they pertain to utilities. 11) 11. There shall be no further re-subdivision of either lot created by this approval and no duplex shall be constructed on either new lot. The option to construct an Accessory Dwelling Unit on either lot shall be permitted and shall not be construed as a duplex or a subdivision. Seconded by Roger Haneman. Roll call vote: Johns, yes; Johnson, no; Haneman, yes; Marion, yes; Tygre, yes. APPROVED 4-1 ~ lvi> MEMORANDUM - ~ TO: THRU: FROM: The Aspen Planriing & Zoning Commission Joyce Allgaier, Deputy Director of Community Development Scoff Woodford, City Pla:tlner M<;GARVEY. S.UBDIVISION, pu. BLIe q~ARING, SUBDIVISION AND GMQS EXEMPTIONS; RESOLUTION No. \ · SERIES 2004 April 20, 2004 RE: DATE: of the existing on the property from Bleeker Street. The house is proposed to be demolished and the lot it sits on is to be subdivided into two lots. One. of the proposed lots would be in the center of the photograph where the existing trees and a portion of the house are sitting. REQUEST SUMMARY: Approval of the Subdivision and GMQS ExempfionstosubdiVideanexisting lot into two single-family lots and utilize the development rights from the demolished, existing single-family to construct two single-family residences. ApPLICANT: JNM Bleeker Street,L(P (c/o James McGarvey, Jr., Partnel.'),represented by Haas Land Planning, LLC R-6 (Medium Density Residential) Lot 1 Strandberg Lot Split (alk/a Lots A-D & wyz Lot E, Block 37, Townsite of Aspen) / 433 West Bleeker Street ApPROVAL OF THE SUBDMSION ANDGMQS EXEMPTIONS, WITH CONDITIONS ZONE DISTRICT: LEGAL DESCRIPTION / ADDRESS: STAFF RECOMMENDATION: MCGARVEY SUBDIVISION STAFF REpORT PAGE 1 ~ PROJECT SUMMARY: The applicant's proposal is to subdivide the existing 13,500 sq. ft. lot located at the corner of Fourth and West Bleeker Streets into two lots with newly created Lot IA being 7,500 sq. ft. in size and new Lot IB being 6,000 sq. ft.. As the minimum lot size in the R-6 zone district is 6,000 sq. ft. per detached residential unit, each new lot will each be able to support only a single-family residence. The existing one-story brick house on the site may remain for the time being, although it will eventually be demolished to make way for the new structures. It is not listed on the Aspen Inventory of Historic Landmark Sites and Structures and therefore does not have any special protections from demolition. Per the R-6 zone district standards, the allowed floor area on Lot lA would be approximately 3,450 square feet, while Lot IB would allow approximately 3,240 sq. ft. for a single-family residence. The applicant is not required to submit designs for the proposed structures on the new lots at this point in the process, however, the designs will .be required to comply with the City's Residential Design Standards. According to the applicant, no variances are anticipated to be necessary to comply with the Residential Design Standards. Compliance with those standards will be determined at time of building permit. Vehicular access to each new lot will be from the alley at the rear, while the existing access off of Fourth Street will be eliminated. All of the mature trees and landscaping will be preserved with the new lot layouts. No sidewalks currently exist around the property, nor are any required with this proposal, as the lot is located in a "no sidewalk" zone as designated on the city sidewalk map. ApPLICABLE LAND USE SECTIONS: In order to accommodate the above development request, the following land use approvals are required: I) GROWTH MANAGEMENT QUOTA SYSTEM (GMQS) EXEMPTIONS: Two GMQS Exemptions are requested for this proposal: · DETACHED SINGLE-FAMILY OR DUPLEX DWELLING UNIT Per Section 26.470.070(B) of the Code, construction of a new detached single-family or duplex dwelling unit is exempt from Growth Management, subject to compliance with required standards (Staff Findings are attached in Exhibit A). Final Review Authority: Community Development Director. · RECONSTRUCTION OF DEMOLISHED UNITS: Section 26.470.070.A.2 of the Code states that reconstruction of demolished units shall also be exempt from Growth MCGARVEY SUBDIVISION STAFF REPORT PAGE 2 ~ Management, subject to compliance with review standards (Staff Findings are attached in Exhibit A). Final Review Authority: Community Development Director. 2) SUBDIVISION:. Section 26.480 of the Code pertains to Subdivision and subdivision review is required in this instance for the proposed split of the existing lot into two single-family lots. A lot split exemption is notapplisable. il1 this }nstance as the lot has been previously subdivided. Final Review Authority: City Council. EXISTING CONDlTIONS/BACKGROUND INFORMATION: Per the Pitkin County Assessor, the existil1ghollse was constructed in 1973 and includes three bedrooms and three bathrooms. The site is basically flat with five mature fir trees located toward the south end of the property. Access to thehollse and its two car garage is located off of Fourth Street. Vegetation on the site primarily consists of grass. Originally consisting of Lots A-F of Block 37, the lots making up the subject property were merged in 1975 to create a single lot; however, thelot,^,~ssllb~~q~e~~l)'~llbdivicled in .1982. to create Lots I and 2 of the Strandberg Lot Split Subdivisiol1 Exception. The subject property is referred to as Lot 1 Strandberg Lot Split. The adjacent Lot 2 Strandberg Lot Split remains undeveloped. STAFF COMMENTS: GROWTH MANAGEMENT QUOTA SYS!~l\1 ((;M2S)~~~l\1.PTI()~S: Ass~Clt~clCtbove the. applicant is requesting two GMQS Exemptions in order .to..a.ccomplish their plan. The specific code provisions are listed below followed by a staff reply: 1. DETACHED SINGLE-FAMILY OR DUPLEX DWELLING UNIT (SECTION 26.470.070.B): The following shall be exempt from the growth management scoring and competition procedures: 1) the construction of one or two detached residential units or a duplex dwelling on a lot that was subdivided or was a legally described parcel prior to November 14, 1977, that complies with the provisions of Section 26.480.020(E), or 2) the replacement after demolition of one or two detached residential units or a duplex dwelling, or 3) the remodel or expansion of a single-family dwelling into. a duplex dwelling This exemption shall not be applied to any lot for which any other development allotment is currently being sought or is approved. This exemption shall not be deducted from the respective annual development allotments established pursuant to Section 26. 470. 050 or from the Aspen Metro Area development ceilings established pursuant to Section 26.470.030. Exemption review is by the Community Development Director. This exemption shall be granted only if the following standards are met. 1. Sinzle-familv. In order to. qualify for a single-family exemption, the applicant shall have three (3) options: a. providing an Accessory Dwelling Unit (ADU) pursuant to Section 26.520; PAGE 3 b. paying the applicable affordable housing impact fie pursuant to the Aspen/Pitkin County Housing Authority Guidelines, as amended; or c. recording a resident-occupancy (RO) deed restriction on the single-family dwelling unit being constructed. Staff Replv:From Section 26.470.070.B. above, the applicant's proposal utilizes the following provisions: I.) "the remodel of a single-family dwelling unit into a duplex dwelling." - As indicated in the discussion above, the staff recognizes the applicants right to 2 development rights on the site without having to a.ctually convert into a duplex (see NOTE below). 2.) "the replacement after demolition of one or two detached residential units, and'- This provision is necessary to replace the two inherent development rights on site after demolition in the form of two new single-family residences. In order to qualify for the exemption, the applicant has committed to either providing an ADU on each site or paying the applicable affordable housing impact fee (cash in lieu). NOTE: An Interpretation of Title from Section 26.470.070.B was requested by the applicant and approved by the Community Development Director (See attached Exhibit D for copy), officially recognizing that a lot that has an existing single-family, but is large enough to support a duplex, inherently has two development rights. Furthermore, the Director has ruled, it is not necessary for an applicant of such lot to physically convert the single-family into a duplex prior to demolishing it in order to secure such development rights. Photo taken from the alley looking back at the subject lot and Bleeker Street MCGARVEY SUBDIVISION STAFF REPORT PAGE 4 2. RECONSTRUCTION OF DEMOLISHED UNITS (SECTION 26.470.070.A.2): The reconstruction of demolished units shall be exempt. An exemption request that includes a request for an extension of the three year deadline on reconstruction of demolished dwelling, hotel and lodge units shall be accompanied by an improvements survey of the structure. No demolition shall occur until the Community Development Director has verified the accuracy of the improvements survey. The exemption for reconstruction of a demolished unit is available only upon a finding of compliance with the following standards: a. An applicant may propose to demolish and then delay the reconstruction of existing dwelling, hotel or lodge units. b. The applicant shall verifY, by a letter submitted to and approved by the Community Development Director, the number of existing legal units on the property prior to demolition and shall agree that reconstruction will occur pursuant to the terms of this Section. c. Reconstruction shall occur within five (5) years of demolition, unless an extension of this deadline is granted by the City Council for good cause. d. Any building that is demolished shall be limitedto reconstruction on the same parcel or on a contiguous parcel owned by the applicant, unless it is determined that reconstruction shall be permitted off-site pursuant to Section 26. 520. 020(D). Staff ReDlv: Section 26.470.070.A.2. allows the transfer of one of the two development rights the applicant has from one parcel to a contiguous parcel and establishes the timetable for utilizing those development rights. The applicant proposes to comply with all of the above criteria. Staff agrees that the criteria can be met. According to the applicant, they will reconstruct the existing dwelling within five years of demolition or seek an extension from City Council. Criteria "d" above allows the applicant to land one. of the development rights on a contiguous parcel with the fathering parcel because it will be owned by the applicant. SUBDIVISION: A subdivision of the existing lot into two single-family lots is being proposed, therefore, the compliance with the review criteria of Section 26A80 is required. A two step process in front of P &Z and Council is required. Staff has reviewed all of the subdivision criteria in Exhibit C and have found the request to comply with all of the applicable criteria. DEVELOPMENT REVIEW COMMITTEE (DRC) REFERRAL COMMENTS: The DRC meeting was held on March 10, 2004. The comments from that meeting are attached in Exhibit C. The applicant has either addressed all of the comments or will address them at time of final plat or building permit. MCGARVEY SUBDIVISION STAFF REpORT PAGE 5 STAFF SUMMARY AND RECOMMENDATION: Staff recommends approval of a Subdivision and GMQS Exemptions for the McGarvey Subdivision, with conditions as put forth in the attached resolution. RECOMMENDED MOTION: "I move to approve Resolution No. ILl, Series of 2004 for a Subdivision and GMQS Exemptions for the McGarvey Subdiv~n." ATTACHMENTS: Exhibit A: Staff Findings - GMQS Exemption Exhibit B: Staff Findings - Subdivision Exhibit C: Referral (DRC) Comments Exhibit D: Interpretation of Title MCGARVEY SUBDIVISION STAFF REPORT PAGE 6 RESOLUTION NO. J!:L (SERIES OF 2004) A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING COMMISSION RECOMMENDING CITY COUNCIL APPROVE A . SUBDIVISION AND GROWTllMANAGEMENTQtJOTASvSfEM EXEMPTIONS FOR THE PROPERTY AT 433WESTBLEEKER'STREltf, LEGALLY DESCRIBED AS LOT rSTRANDBERGLOT SPLIT AlKJA LOTS A': D & W 1Iz LOT E, BLOCK 37, TOWNSITE OFASPEN~CITYOFASPEN~PITKlN COUNTY, COLORADO. ParceIID:2735-124-42-001 WHEREAS, the Community Development Department received an application from JNM Bleeker Street, LLP (c/o James McGarvey, Jr., Partner), represented by Haas Land Planning, LLC for Subdivision and Growth Management Quota System (GMQS) Exemption to subdivide an existing lot into two single-family lots and utilize the development rights from the demolished, existing single-family to construct two single- family residences; and, WHEREAS, the Community Development Department received referral comments from the Aspen Consolidated Sanitation District, City Engineering, Building Department, Fire, Streets, Parks and Water Departments as a result of the Development Review Committee meeting; and, WHEREAS, said referral agencies and the Aspen Community Development Department reviewed the proposed plan for Subdivision and Growth Management Quota System (GMQS) Exemptions and recommended approval with conditions; and, WHEREAS, pursuant to Section 26.480 of the Land Use Code, Subdivision approval may be granted by the City Council at a duly noticed public hearing after considering recommendations by the Plannill~~lldZolling Commission, the Community Development Director, and relevant referral agencies; and, WHEREAS, pursuant to Section 26.570 of the Land Use Code, GMQS Exemption approval 'may be granted by the Community Development Director; however, according to Section 26.304.060 of the Land Use Code the applicant has agreed to combine this administrative review with the other land use approvals sought; and, WHEREAS, the Subdivision review by the Planning and Zoning Commission requires a public hearing and this application was reviewed at a public hearing where the recommendations of the Community Development Director and comments from the public were heard; and, -7- WHEREAS, during a regular meeting on April 20, 2004, the Planning and Zoning Commission opened a duly noticed public hearing to consider the project and where, by a _ to _ L-~ vote, recommended City CoUncil approve the Subdivision and GMQS Exemptions, with the findings and conditions listed hereinafter; and, NOW, THEREFORE BE IT RESOLVED that the Planning and Zoning Commission recommends that the City Council approve the Subdivision and GMQS Exemptions for the property at 433 West Bleeker Street, subject to the conditions listed in Section I below. Section 1: Theapproval is subject to the following conditions: I. Prior to issuance of a building permit: a. Park Dedication fees shall be paid for any additional bedrooms that are added above and beyond what currently exists on the site: b. Cash in lieu of school land dedication shall be paid. c. Both of the new single-family residences shall demonstrate their compliance with the Residential Design Standards. d. An outdoor lighting plan for each residence shall be submitted. e. All tap fees, impacts fees, and building permit fees shall be paid. f. Plans shall be submitted showing adequate area for snow storage completely on- site and not in the public alley. g. An approved tree permit is required from the City Forester. An approved tree permit requires a proposed landscape plan identifying trees for removal and means of mitigation. h. Based on the mitigation for tree removal, an approved landscape plan will need to be submitted to the Parks Department. . The building permit landscaping plan should include landscaping of the Fourth Street right-of-way adjacent to the property. 2. The existing house need not be demolished to accommodate the newly created lot boundaries and the encroachments into the side yard setbacks may continue to exist for the life of the original structure only. Upon redevelopment, all structures on these two (2) lots shall comply with the R-6 Zone District provisions with respect to the newly created lot boundaries and setbacks. The subdivision plat shall grant an easement to allow for the existing residence to be maintained across the new lot line and shall furiction for the life of the existing structure only. The documentation of the existing house floor area must be submitted as part of the building permit. 3. Prior to Certificate of Occupancy for a structure on either lot, any pedestals in the alley adjacent to the lots should be moved out of the alley ROWand onto the property of adjacent lot. - 8- ~ 4. A new curb is to be installed in place of the abandoned driveway prior to Certificate of Occupancy for a structure on either lot. 5. Prior to commencement of construction on either lot, a vegetation protection fence shall be.erected at the drip line of each il1dividual tree or groupil1gsbftrees remaiiiiiig on site. There shall be. no excavation, no storage of construction materials, backfill, equipment, tools or construction traffic inside of the protective fence. This fence must be inspected by the city forester or his/her designee before any construCtion activities are to commence. 6. A subdivision agreement and plat shall be recorded in the office of the Pitkin County Clerk and Recorder within 180 days following City Council approval. 7. The existing sewer service maybe aqle to serve one ofthe two lots. A shared sewer service will not be allowed. Each lot shall require its own service. 8. Sewer service is contingent upon compliance with the Aspen Consolidated Sanitation District's rules, regulations, and specifications, which are on file at the District office. 9. The existing water tap must be abandoned. Abandonment of the tap shall occur when the existing building is demolished. 10. All uses and constmction s~allcoInRIL 'vVith the Cit~ ofi\spen Water System Standards, with/Title 25, and applicable portions of Title 8 (Water Conservation and Plumbing Advisory Code) of the Aspen Municipal Code as they pertain to utilities. Section 2: 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 3: If any section, subsection, sentence, clause, phrase, or portion of this resolution is for any reason. held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deenied a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. -9- APPROVED by the Commission af its regular meeting on April 20, 2004. APPROVED AS TO FORM: PLANNING AND COMMISSION: David Hoefer, Asst. City Attorney Jasmine Tygre, Chair ATTEST: Jackie Lothian, Deputy City Clerk - 10- ZONING ~ EXHIBIT A STAFF FINDINGS: GMQS EXEMPTIONS Section 26.470.070.A.2. of the Land Use Code applies in this situation, as described below: A.2. Reconstruction of demolished units. The reconstruction of demolished units shall be exempt. An exemption request that includes a request for an extension of the three year deadline on reconstruction of demolished dwelling, hotel and lodge units shall be accompanied by an improvements survey of the structure. No demolition shall occur until the Community Development Director has verified the accuracy of the improvements survey. The exemption for reconstruction of a demolished unit is available only upon a finding of compliance with the following standards: a. An applicant may propose to demolish and then delay the reconstruction of existing dwelling, hotel or lodge units. b. The applicant shall verify, by a letter submitted to and approved by the Community Development Director, the number of existing legal units on the property prior to demolition and shall agree that reconstruction will occur pursuant to the terms of this Section. c. Reconstruction shall occur within five (5) years of demolition, unless an extension of this deadline is granted by the City Council for good cause. d. Any building that is demolished shall be limited to reconstruction on the same parcel or on a contiguous parcel owned by the applicant, unless it is determined that reconstruction shall be permitted off-site pursuant to Section 26.520.020(D). STAFF FINDING: I DOES IT COMPLY? I YES The applicant has indicated that they will reconstruct the existing dwelling within five years of demolition or seek an extension from City Council. The existing dwelling will be redeveloped on the same parcel that it was demolished on and the second development right from the fathering parcel will be redeveloped on the newly created, contiguous lot owned by the applicant, in accordance with criteria d above. Section 26.470.070.B of the Land Use Code applies in this situation, as described below. B. Detached single-family or duplex dwelling unit. The following shall be exempt from the growth management scoring and competition procedures: I) the construction of one or two detached residential units or a duplex dwelling on a lot that. was subdivided or was a legally described parcel prior to November 14, 1977, that complies with the provisions of Section 26.480.020(E), or 2) the replacement after demolition of one or two detached residential units or a duplex dwelling, or 3) the remodel or expansion of a single-family dwelling into a duplex dwelling. This exemption shall not be applied to any lot for which any other development allotment is currently being sought or is approved. This exemption shall not be deducted from the respective annual development allotments established pursuant to Section 26.470.050 or from the Aspen Metro Area development ceilings established pursuant - 11 - ~ to Section 26.470.030. Exemption review is by the Community Development Director. This exemption shall be granted only ifthe following standards are met. 1. Single-rami/v. In order to qualify for a single-family exemption, the applicant shall have three (3) options: ' a. providing an Accessory Dwelling Unit (ADU) pursuant to Section 26.520; b. paying the applicable affordable housing . impact fee pursuallt to the Aspen/Pitkin County Housing Authority Guidelines, as amended; or c. recording a resident-occupancy (RO) deed restriction on the single-family dwelling unit being constructed. STAFF FINDING: DOES IT COMPLY? YES The applicant has indicated that they will satisfy this requirement. by either constructing an ADU or paying the appropriate cash in lieu fee on each lot. This decision will be made rior to buildin ermit for eachlot. - 12- ~ EXHIBIT B STAFF FINDINGS: SUBDIVISION The Definitions section (26.104.1 00) of the Land Use Code explains that subdivision approval is required whenever leasehold interests will betransferred. Section 26.480.050 states that a development application for subdivision review shall comply with the following standards and requirements: A. General Requirements. a. The proposed subdivision shall be consistent with the Aspen Area Comprehensive Plan (AACP). STAFF FINDING: I DOES IT COMPLY? I YES The future land use map in the AACP shows the subject site as "Residential". Therefore, the proposal to subdivide the existing lot into two single-family lots is in compliance with the future direction of the AACP. The project is also generally consistent with the applicable policies and goals of the AACP. The applicable elements of tbe AACP include . locating residential. devdopment within the town limits, close to the commercial core and transit stops, and the provision of affordable housing in the form of an on-site accessory dwelling unit or payment of cash in lieu. b. The proposed subdivision shall be consistent with the character of existing land uses in the area. STAFF FINDING: I DOES IT COMPLY? I YES The proposed subdivision will be consistent with the character of the surrounding area because it proposes a similar density and lot layout as the surrounding land uses and will be designed to comply with the same R-6 zone district standards as its neighbors. c. The proposed subdivision shall not adversely affect the future development of surrounding areas. STAFF FINDING: DOES IT COMPLY? YES Staff believes that this development will not adversely affect the future development of the area because all development is internal to the site, does not encroach onto neighborin roperties, and does not im act the ublic streets. d. The proposed subdivision shall be in compliance with all applicable requirements of this Title. - 13 - ~ STAFF FINDING: DOES IT COMPLY? YES All applicable requirements,' including with the zoning requirements of the R-6 zone district are ro osed 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 flooding, 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. STAFF FINDING: I DOES IT COMPLY? I YES The site is essentially flat in grade and located far away from any adjacent natural impacts. The existing house on the site has not experienced any negative impacts in the thirty odd years it has existed. b. Spatial Pattern Efficient. The proposed subdivision shall not be designed to create spatial patterns that cause inefficiencies, duplication or premature extension of public facilities and unnecessary public costs. STAFF FINDING: I DOES IT COMPLY? I YES Staff believes that the subdivision has been designed to avoid all of the above spatial patterns. 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. STAFF FINDING: I DOES IT COMPLY? I N/A No variations are proposed to the subdivision design standards. 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. ST AFF FINDING: No variations are DOES IT COMPLY? NI A osed to the subdivision desi n standards. - 14- ~ D. Affordable Housing. A subdivision which is comprised of replacement dwelling units shall be required to provide affordable housing in compliance with the requirements of Chapter 26.520, Replacement Housing Program. A subdivision which is comprised of new dwelling units shall be required to provide affordable housing in compliance with the requirements of Chapter 26.470, Growth Management Quota System. STAFF FINDING: DOES IT COMPLY? N/ A The standards of Chapter 26.520, Replacement Housing Program, are not applicable because there is no replacement housing involved (said provision only applies to multi-family structures and does not a ly to demolition of sin Ie-family homes). E. School Land Dedication. Compliance with the School Land Dedication Standards set forth at Chapter 26.630. Applicability. School land dedication standards shall be assessed upon all new subdivisions within the City of Aspen which contain residential units. An applicant may make a cash payment in-lieu of dedicating land to the City, or may make a cash payment in combination with a land dedication, to comply with the standards of this Section. This section of the subdivision regulations requires the dedication of land or the payment of an in-lieu fee for each new residential unit in a subdivision. STAFF FINDING: DOES IT COMPLY? N/A Cash in lieu of School land dedication is proposed and will be required to be paid by the ap licant prior to issuance of buildin ermit. - 15 - ~ EXHIBIT C DRC MINUTES MEMORANDUM To: Development Review Committee From: John Niewoehner, Community Development Engineer, DRC Caseload Coordinator Date: March 10,2004 Re: 3/10/04DRC Minutes: McGarvev Subdivision Attendees: Scott Woodford, Case Planner - Community Development Department Nick Adeh, Engineering Department John Niewoehner, Community Development Department Phil Overeynder, Water Department Tom Bracewell, Sanitation District Jerry Nye, Streets Department Ed VanWalraven, Fire Department Sarah Oates, Zoning Officers Brian Flynn, Parks Department Mitch Haas, Planner for Applicant At the March 10, 2004, the Development Review Committee reviewed the following project: McGarvev Subdivision and GMQS Exemption - The proposal is to subdivide an existing 13,500 sflot at the corner of Fourth and Bleeker Streets into two lots - - one lot with 6,000 sf and 7,500 sf. The existing house will initially straddle the two new lots but the house will eventually be demolished to make room for two single-family houses. DRC COMMENTS En2:ineerin2: and Streets: 1. Access: The City concurs that the driveways for the two new lots should be off the alley and the existing curb cut on Fourth Street should be abandoned. A new curb is to be installed in place of the abandoned driveway. - 16- r'\ 2. Utilitv Pedestals: Any pedestals in the alley adjacent to the lots should be moved out of the alley ROWand onto the property of adjacent lot. 3. Survey: A new survey is required for the subdivision plat. Both lots must be fully monumented with property pins at the lot corners. 4. Drainage: The building permit application needs to include a drainage and erosion control prepared by a professional engineer. Drainage from the lots cannot flow into the alley. 5. Snow Storage: Building plans must show area for snow storage off alley. (Snow from alley cannot be placed in alley.) Parks Department 1. Tree Removal: An approved tree permit is required prior to approval of the building permit. An approved tree permit requires a proposed landscape plan identifying trees for removal and means of mitigation. Please contact the City Forester for more information 920-5126. 2: Tree Protection: A vegetation protection fence shall be erected at the drip line of each individual tree or groupings of trees remaining on site. There will be no storage of construction materials, backfill, tools or construction traffic inside of the protective fence. There is no excavation or disturbance of the native area inside of the protective fence. This fence must be inspected by the city forester or his/her designee (920-5126) before any construction activities are to commence. No excavation, storage of materials, storage of construction backfill, storage of equipment, foot or vehicle traffic allowed within the drip line of any tree on site. 3. Landscape: Based on the mitigation for tree removal, an approved landscape plan will need to be submitted to the Parks Department. The building permit landscaping plan should include a lan.dscaping the Fourth Street ROW adjacent to the property. Fire Department Nothing at this time. Sanitation District I. Separate Sewer Services: The existing sewer service may be able to serve one of the two lots. A shared sewer service will not be allowed. Each lot neyds its own service. 2. ACSD Standards: Service is contingent upon compliance with the District's rules, regulations, and specifications, which are on file at the District office. Water Dept: 1. \vater Taps: The existing water tap must be abandoned. Abandonment ofthe tap will occur when the existing building is demolished. 2. City Standards Compliance: All uses and construction will comply with the City of Aspen Water System Standards, with Title 25, and applicable portions of Title - 17- r\ 8 (Water Conservation and Plumbing Advisory Code) of the Aspen Municipal Code as they pertain to utilities. Zoning: I. Lighting: Outdoor Lighting must conform to Lighting Code. 2. Existing Structure: The documentation of the existing house floor area must be submitted as part of the building permit. - IS - '.tr .~ EXHIBIT D iNTERPRET ATI()N()F.TI:TLE HAAS L,ANDP'LANNING, March 8, 2004 , Mrs. Julie Ann Woods, Director Mr. Scott Woodford, Planner Aspen Community Development Department 130 South Galena Street Aspen, CO 81611 f RE: Interpretation of Section 26.470.070(A)(2), GMQS Exemption for Reconstruction of Demoli~hed Units Dear Julie Ann and Scott: This letter is a request for a formal Interpretation of Title, pursuant to Section 26.306.010 of the Land Use Code. More specifically, therequest is for a formal interpretation qf Section 26.470.070(A)(2) of the Code as such relates to the use of residential reconstruction credits for the purposes of subdivision. The best way of explaining the reql!est is by way of hypotheti~l example. As part of the example; a few premises must be outlined, First, the hypothetical property is located in a zone district where the minimum lot area is 6,000 square feet and 9,000 square feet of lot area is the minimum required to support a duplex or two detached residences. Next, the hypothetical lot has an effective area of greater than 12,000 square feet, and maintains one legally established. single-family residence. Pursuant to plain and clear. language of the Code, the residence on this ' hypothetical lot could be converted to ,a GMQS exempt duplex as a permitted use-by-right under the described zoning conditions. Assuming the conversion could be done witho?t adding any FAR floor area, there would be.no required pa,yment of cash-in-lieu of an ADD for such a conversion. Since it is clear that this can'be done~ the City Planning Office has informally decided in consultation with the City Attorney that two (2) reconstruction credits exist even if the actual conversion is not first carried out. . That is, it has been agreed that it would be pointless to complete the conversion just for the .sake of later demolishing the structure, and that allowing the reconstruction credits without this activity saves not only resources, time and finances, but it also saves the neighborhood from . having to accommodate unnecessary construction iII).pacts. . 201 N. MILL STREET, SUITE 108; ASPEN, COLORADO. 81611.' . PHONE: (970) 925-7819 . FAX: (970) 925-7395 . / /, I / March 8, 2004 Page 2 Thus, the owner of the hypothetical property described above would maintain two (2) GMQS exempt residential reconstruction credits under the terms of Section 26.470.070(A) (2) of the Code, provided the conditions for use of the reconstruction credits can be met. ". Carrying this interpretation forward, it :f61lowsthat thehypoi:hetical properti can be subdivided into two (2) lots that comply with the dimensional requirements of the zoning and the reconstruction units can be developed anywhere on the property that is consistent with the dimensional r~quirements and other applicable requirements of the Land Use Code. The subdivision would allow the two reconstructed units to be placed on separate, fee simple IC?ts (if under cor:nmonownership) using the allowable FAR floor area for the size of lots created through the subdivision. Further, with eachredeveloped unit, either an ADU or cash-in-lieu would have to be provided. In closing, it is respectfully requested that theCommuruty Development Director formally confirm the above-described interpretation and understanding . of the Code provisions by signing in the space provided below. If you should have any questions, please do not hesitate to contact me. .',' Yours truly, ~anning. LLC Mitch Haas, AICP Owner/Manager Signed: Ie Ann Woods, Community Development Director '3//<810-:1 Date . . c:/my documents/administrative/city/Subdiv-Recon Credits Interp ~' ~'. ",.... ."!' } ,...." MEMORANDUM TO: Julie Ann Woods, Community Development Director FROM: Scott Woodford, City Planner RE: McGarvey Subdivision. GMQSltxemptions DATE: May 17,2004 SUMMARY: JNM Bleeker Street, LLP (c/o James McGarvey, Jr., Partner), represented by Haas Land Planning, LLC, has applied for an administrative Growth. Management Quota System (GMQS) exemption in conjunction with the proposed McGarvey Subdivision. The applicant is requesting to subdivide the property into iwolots, demolish the existing single-family residence, and then redevelop the new lots with two (2) new single-family residential units. The GMQSExemption requested to accomplish. this proposal is reviewed below: 1. LAND USE CODE SECTION 26.470.070.B (DETACHED SINGLE-FAMILY OR DUPLEX DWELLING UNIT) B. Detached single-family or duplex dwell[ngunzt. . TneroUowmg . stul.1fbe exempt from the growih.managernent scoI':ing and competition procedures: 1) the construction of one or two detached residential units or a duplex dwelling on a lot that was subdivided or was a legally described parcel prior to November 14, 1977, that complies with the provisions of Section 26.480.020(E), or 2) the replacement after demolition of one or two detached residential units or a duplex dwellirig, or 3) the remodel or expansion of a single-family dwellirig into a duplex dwelling. l'his ~~mption shalll10t be applied to any lot for which any other development allotment is currently being sought or is approved. This exemption shall not be deducted from the respective annual development allotments established pursuant to Section 26.470.050 or from the Aspen Metro Area development ceilings established pursuant to Section 26.470.030. Exemption review is by the Community Development Director. This exemption shall be. granted only if the following standards are met. The applicant is requesting option 3) in the above GMQS Exemption to first be able to "remodel" the existing single-family residence into a duplex, in order to establish two (2) development rights on the site. A duplex would establish two development rights on the site - one for. the fathering parcel and one for the newly created parcel. However, the applicant wishes to use the extra development ~ghtfor use in the Sl1~~vision, an~ not to create a duplex. Instead of first physically converting the single-family into a duplex, the applicant has requested and received approval of an Interpretation of Title from the 1 ". . Community Development Director, whereby the City agrees to recognize two inherent development rights on sites large enough to accommodate a duplex - without first having to physically convert the sirigle-family irito a duplex. The City agrees that requiring this conversion irito a duplex prior to it beirig demolished is a waste of resources and is urylecessary. So, the applicant would have one development right on each lot to use for the construction of one sirigle-family dwellirig unitp.er lot. In addition, Section 26.470.070(B) requires that each newly constructed unit iri the proposed subdivision provide employee housing mitigation in the form of one of the allowed mitigation options. This section of the Growth Management Quota System allows for an exemption from the GMQS scoring process provided that one of the following employee housirig mitigation options is satisfied by the proposal: a. Providing an above grade, detached Accessory Dwelling Unit (ADD) pursuant to Chapter 26.520; or, b. Providing an Accessory Dwelling Unit authorized through Special Review to be attached and/or partially or fully subgrade, pursuant to Chapter 26.420; or, c. Providing an off-site Affordable Housing Unit withiri the Aspen Infill Area accepted by the Aspen/Pitkin County Housirig Authority and deed restricted in accordance with the Aspen/Pitkin . County Housing Authority Guideliries, as amended; or, d. Paying the applicable affordable housing impact fee pursuant to the Aspen/Pitkin County Housirig Authority Guideliries, as amended; or, e. Recording a resident-occupancy (RO) deed restriction on the single-family dwelling unit beirig constructed. STAFF COMMENTS: The applicant has consented in the proposal to satisfy one of the abovementioned employee housing mitigation options for each new unit that is constructed on the site at time ofbuildirig permit. Therefore, stafffuids that the review reqllirements.have been met and recommends that the Community bevelopment . birector approve the proposed GMQS exemption, with the conditions of approval described herem. . APPLICANT: JNM Bleeker Street, LLP (c/o James McGarvey, Jr., Partner), represented by Haas Land Planning, LLC LOCATION: Lot 1 Strandberg Lot Split (alk/a Lots A-D & W Y2 Lot E, Block 37, Townsite of Aspen) 1433 West Bleeker Street 2 .. ..,. ZONING: R-6 (Medium-Density Residential) Zone District. REVIEW PROCEDURE: The requested GMQS exemption may be approved by the Community Development Director, pursuant to Land Use Code Sec;tion 26.470.Q70(B): Detached single-fami/y or duplex dwelling unit. STAFF COMMENTS: Review criteria and Staff Findings. have been inclu,ded a& Exhibit "A," RECOMMENDATION: Staff recommends the COIIllll,llnity Development Director approve the requested GMQS exemption for the McGarvey Subdivision with the cond.iti()Jls esta1:>lish~ herein. APPROVAL: I hereby approve the GMQS exemption to devel()p up to two (2) units on Lots 1 and 2 of the proposed McGarvey Subdivision subject to the following conditions: 1. The applicant shall satisfy one of the employee housing mitigation options as are set forth in Land Use Code Section :29.47Q,Q70(B); Detached single-family and duplex dwelling mitt, for each of the new residential units to be constructed. 2. The granting of this GMQS Exemption shall be contingent upon the applicant receiving Subdivision approval from City Council for the subdivision for the AP PRO VE oMcGarvey Subdivision. JUN 2 1 2004 Date (f, IZz7o"1' 'e Ann W ODds, Community Development Director OOMMUN1TV u~"......\oJ; ......... ~4t ....,;,. t v.. CIiY.Of~PTANCE: I, as a person being or representing the applicant, do hereby agree to the conditions of this approval and certify the iriformation provided in. this application is correct to the best of my knowledge. Lf ATTACIJ!\1ENTS: Exhibit A -- ReviewCriteria.and Staff!'!ngipgs 3 .. Exhibit A Review Standa.rds aJl(I.Staff Finqillgs: 26.470.070(B) Detached single-family or duplex dwelling unit Single-family. In order to qualify for a single-family exemption, the applicant shall have five (5) options: a. Providing an above grade, detached Acces!'mry Dwelling Unit (ADD) pursuant to Chapter 26.520; or, b. Providing an Accessory Dwellirig Unit authorized through Special Review to be attacht}d and/or partially or fully subgrade, pursuant to Chapter 26.420; or, c. Providing an off-site Afforda.ble H:QU!;ing Unit within the Aspen Infill Area . accepted by the Aspen/Pitkin County Housing Authority and deed restricted in accordance with the. A-spen/Pitkin . County Housing Authority Guidelines, as amended; or, d. Paying the applicable affordable housing impact fee pursuant. to the Aspen/Pitkin County Housing Authority Guidelines, as amended; or, e. Recording a resident-occupancy (RO) deed restriction on the single-family dwelling unit being constructed. Staff Findin2: The applicant has consented to providing one of the options for each of the units to be constructed. Staff finds this. set. Qf critt}ria t()Qel11~t. 4 ~ ~, ATTACHMENT 7 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: SCHEDULED PUBLIC HEARING DATE: , Aspen, CO ,200_ STATE OF COLORADO ) ) ss. County of Pitkin ) I, (]G lLl4.i'~' 1-,. \/tcll (name, please print) being or repr~senting an Applicant to the City of Aspen, Colorado, hereby personally certify that I have complied with the public notice. requirements of Section 26.304.9.60 (E) of the Aspen Land U se Cod~ in the following ma.rli1er: .,': d Publication of notice: . By the publication in the legal notice section of an officIal . paper or a pa.per of general circulation in the City of Aspen at least fift~en (15) days prior to the public hearing. A copy of the publication is attached Jliereto. .PQ~ting ofnotice:.By posting of notice, which form was obtained from)the ., '.Co1l1IQ.~ity Development Department, which was made6tsuifiible, wateipr<'rof~,aterials, 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 o:ne i~ch in height. Said notice was posted at least fifteen (15) days prior to the public hearing and was continuously visible from the _ day of , 200 , to and including the date and time of the public hearing. A photograph of the posted notice (sign). is attached hereto. Mailingof notice; By the mailingofa notice obtained from the Community. . Development Department, which contains the information described i~Section 26.304.060(E)(2) of the Asp'en Land Use Code. At least fifteen (15) days prior to the public hearing, notice was hand delivered or mailed by first class p~stage 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 of property owners shall be those on the current tax records of Pitkin County as they appeared no more th~ 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 amend~d incidental t() or fts part of a general revision of this Title, or whenever the text of this Title is to be amended, whether such revision be made by repeal of this Title and enactment of a new land use regulation, or otherwise, the requirement of an accurate survey map or other sufficient legal description of, and the notice to and listing of names and addresses of owners ofreal 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. a.~(J,6~~ 'a.fl ~nature,... .. '. ~ The fuJ;.eg.oing "Affidavit of Notice" was acknowledged lJefore ~s 4 day. of 0()~..J ,200L1,by o-~ L1YJ '~'-i>;;:.;."..;;';<;' WITNESS MY HAND AND OFFICIAL SEAL Y !~~7o{- ,. .... PUBU m:: !\{CGA:RVE . . E IS" Y GWEN thai a publ[~". be heid o' Monday, June 28, 2004 at-. begin 'at :00 p.m. before the Aspert City Council. City Council Chambers, City .Hilll. (3ll S.GaIeiiii' 5t:, ASpen, to con'sider an applica, tion submitted 'by.JNM Bleeker Street" UP' (c/o"' James '. McC;M;'ey, Jr.. Partner), represented l?Y~. Haasu.nd"JSlaiining, U:C: requesHng.subdivlsion a:ppto;'aj to subdivide an existing lot Into two sin- gle-family lots and ..mii". the" development rights from the , . eXisting single-family t6.. construct amily resiaeiices. ."The ad- dress . parcel is 433 WesCBleeke~ street an IS egally described as Ln.t r Strand:: berg Lot"Splil (a}kTa: LotS X-D 8ZWl/2 LOn:; aloc~ 37, . . f Aspen). , :' For formation, contact Scott Woodford. at t 0 Aspen'Community Development De: partment, 130 S. Galena St.. Aspen. CO (970) 920, 5102, (or byemair"bic' o.us): . .c., , derud. Mayor C'1lyCouncif Times on June 5. 2004. ATTACHMENTS: .......... ....- .. ". ~......,_._,.__.-.........,.....,......._,~,......,. COpy OF THEPUBLICATION OF THE POSTED NOTICE (SIGN) AND GOVERNMENTAL AGENCIES NOTICED BY MAIL F'\ ~ ~" AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: 4~ tJ. 8u;eKeIL~ SCHEDULED PUBLIC HEARING DATE: t)/JtJ-6 28 , Aspen, CO , 200~ STATE OF COLORADO ) ) ss. County of Pitkin ) I, ~I,L ~ (name,pleaseprint) · 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. ~ Po.sting 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 ten (1 Q)~ays prior to the pu~lic hearing. apd was continuously visible from the /ff!!t1ay of Jt.lNe' , 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 ten (10) days prior to the public hearing, notice was hand delivered or mailed by first class, postage prepaid U,S. mail to all owners of property within three hundred (300) feet of the property subject to the development application, and, 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 of property owners shall be those on the current tax records of Pitkin County as they appeared no more than sixty (60) days prior to the date of the public hearing, A copy of the owners and governmental agencies so noticed is attached hereto. (continued on next page) .~ ~ ~ Rezoning or text amendment. Whenever the official zoning district map is in any way to be changed or amended incidental to or as part of a general revision of this Title, or whenever the text of this Title is to be amended, whether such revision be made by repeal of this Title and enactment of a new land use regulation, or otherwise, the requirement of an accurate survey map or other sufficient legal description of, and the notice to and listing of names and addresses of owners of real property in the area of the proposed change shall be waived. However, the proposed zoning map has been available for public inspection in the planning agency during all business hours for fifteen (15) days prior to the public hearing on such amendments. The foregoing "Affidavit of Notice" was acknowledged before me this v< 8' day of Jt j./JV. , 200 L{, by fi, ~e II ffA-fJ5 WITNESS MY HAND AND OFFICIAL SEAL sSlOn expires: g- - a., -u y '--fh .1/..A...l'1.....(( ATTACHMENTS: COPY OF THE PUBLICA PHOTOGRAPH OF THE POSTED 1 LIST OF THE OWNERS AND GOVERNMEN~ BY MAIL ~. ]0", a-l PUBLIC NOTICE RE: MCGARVEY SUBDIVISION NOTICE IS HEREBY GIVEN that a public hearing will be held on Monday, June 28, 2004 at a meeting to begin at 5 :00 p.m. before the Aspen City Council, City Council Chambers, City Hall, 130 S. Galena St., Aspen, to consider an application submitted by JNM Bleeker Street, LLP (c/o James McGarvey, Jr., Partner), represented by Haas Land Planning, LLC, requesting subdivision approval to subdivide an existing lot into two single-family lots and utilize the development rights from the demolished, existing single- family to construct two single-family residences. The address of the subject parcel is 433 West Bleeker Street and is legally described as Lot 1 Strandberg Lot Split Calk/a Lots A-D & W ~ Lot E, Block 37, Townsite of Aspen). For further information, contact Scott Woodford at the City of Aspen Community Development Department, 130 S. Galena St., Aspen, CO (970) 920-5102, (or by email atscottw@ci.aspen.co.us). s/Helen K. Klanderud. Mavor Aspen City Council Published in the Aspen Times on June 5, 2004 City of Aspen Account SmQ(~th Feed Sheets™ 501 WEST MAIN LLC 314 S GALENA ST #200 ASPEN, CO 81611-1818 ASPEN HOUSING LLC 233 MILWAUKEE ST DENVER, CO 80206 ASPEN SQUARE CONDOMINIUM ASSOC 617 E COOPER AVE ASPEN, CO 81611 BARKER JACK 1/2 (NT PO BOX 7943 ASPEN, CO 81612 BLEEKER STREET PARTNERS II 201 N MILL ST STE 102 ASPEN, CO 81611 CITY OF ASPEN 130 S GALENA ST ASPEN, CO 81011 FERGUS ELIZABETH DAWSON PO BOX 1515 ASPEN, CO 81612 HAISFIELD AUDREY LEA 435 E MAIN ST ASPEN, CO 81611 HOTEL ASPEN CONDOMINIUM ASSOCIATION 600 E HOPKINS AVE STE 304 ASPEN, CO 81611 ILGEN EILEEN L & JACK 0 & ELOISE 518 W MAIN ST ASPEN, CO 81611 8AVERY@ Address Labels ALH HOLDING COMPANY GUNNISON 435 W MAIN ST ASPEN, CO 81611 ASPEN MESA STORE LLC 500 W MAIN ST ASPEN, CO 81611 ASPEN ULLR HOUSING LLC 120 E MAIN ST ASPEN, CO 81611 BAUERWALTERF FAMILY TRUST 15935 VALLEY VISTA ENCINO, CA 91436 BLEEKER STREET PARTNERS II PO BOX 8837 ASPEN, co 81612 COMCOWICH WILLIAM L CHARLES CATHCART PROP MGT PO BOX 1374 ASPEN, CO 81612 FISCHER SISTIE 442 W BLEEKER ASPEN, co 81611 HENRY KRISTEN 525 W HALLAM ST ASPEN, CO 81611-1246 HOUGH JENNINE 265 BRIGHTON RD NE ATLANTA, GA 30309 JANSS MARY TRUST 403 W HALLAM ASPEN, CO 81611 Use template for 5160@ ALPINE BANK ASPEN 600 E HOPKINS AVE ASPEN, CO 81611 ASPEN RETINA SURGEONS LLC 5014 WOODHURST LN MINNETONKA, MN 55345 BAILEY RYAN 1994 TRUST 50% C/O JANUS CAPITAL 620 E COOPER ASPEN, CO 81611 BECK GLENN A 166400 STREET VICTORVILLE, CA 92392 CARINTHIA CORP 45 E LUPINE DR ASPEN, CO 81611 DESTINATION RESORT MGMT INC 610 WEST END ST ASPEN, CO 81611 FRIAS PROPERTIES OF ASPEN LLC 730 E DURANT ASPEN, CO 81611 HILLMAN DORA B TRUST 504 W BLEEKER ASPEN, CO 81611 HUNT ROGER H PO BOX 3944 ASPEN, CO 81612 MAC DONALD BETTE S TRUST 15 BLACKMER RD ENGLEWOOD, CO 80110 Laser 5160@ Smooth Feed Sheets™ ~ MYERS JOSEPH V JR 421 W HALLAM ST ASPEN, CO 81611 PATRICK JAMES K 417 W HALLAM ST ASPEN, CO 81611 SCHOEBERLEIN DEBORAH & JOSEPH 659 LINCOLN AVE CARBONDALE, CO 81623 STRANDBERG JOHN J & JANE T CIO BOA-HACKER PO BOX419119 KANSAS CITY, MO 64105-2100 WALNUT CREEK RANCH LLC 4520 MAIN STSTE 1050 KANSAS CITY, MO 64111-1816 fAAVERV@ Address labels NATIONWIDE THEATRES CORPORATION A CALIFORNIA CORPORATION 120 N ROBERTSON BLVD LOS ANGELES, CA 90048 RICHTER SAM 7874 AFTON VILLA CT BOCA RATON, FL 33433 SEALS JOHN R & CAROLYN 4410 MEDICAL DR #400 SAN ANTONIO, TX 78229 ULLR HOMEOWNERS ASSOCIATION 600 E HOPKINS #304 ASPEN, CO 81611 WM HOLDINGS LLC CIO KELLY MITCHELL 300 B AABC ASPEN, CO 81611 Use template for 5160@ NORTH AND SOUTH ASPEN LLC 200 S ASPEN ST ASPEN, CO 81611 RISCOR INC 2651 N HARWOOD ST#335 DALLAS, TX 75201-1576 STILWELL REED & CLAIRE 191 UNIVERSITY BLVD #714 DENVER, CO 80206 WAGNER HOLDINGS CORPORATION LLC CIO BILL POSS 605 E MAIN ST ASPEN, CO 81611 WOLOFSKY MOIRA 129 CLARENDON AVE PALM BEACH, FL 33480 laser 5160@ ~., AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESSOFPROPERTY: _~~ ID.'?~~ Ssr: ,Aspen,CO SCHEDULED PUBLICHEA.RING DATE: ~'L 2D~ ,2001- STATE OF COLORADO ) ) SS, County of Pitkin ) I, (name, please print) being or representing an Ap licant to the City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) of the Aspen Land Use Code in the following manner: Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen at least fifteen (15) days prior to the public hearing. A copy of the publication is attached hereto. ~ Posting of notice: By posting of notice, which form was obtained from the Community Development Department, which was made of suitable, waterproof materials, which was not less than twenty~two (22) inches wide and twenty-six (26) inches high, and which was composed of letters not less than one inch in height. Said notice was posted at least ten (10) ~s prior ~e public hearing and was continuously visible from the 2iffiy of V( I L- , 200 y, to and including the date and time of the public hearing, A photograph of the posted notice (sign) is attached hereto. y 1'J.lo~ 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 ten (1 0) days prior to the public hearing, notice was hand delivered or mailed by first class, postage prepaid U.S. mail to all owners of property within three hundred (300) feet of the property subject to the development application, and, 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 ()r 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 of property owners shall be those on the current tax records of Pitkin County as they appeared no more than sixty (60) days prior to the date ofthe 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 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. Signature The foregoi~g "Affidavit ofNotic~" was aclq10wledged before me this.;lO day of O~Jc.f ,2001, by /J(~{IfIA Pjl Na.a:s ~0~~.~.~~".. ~....,... .....,.,.,., "'': \ 0 . ;5! ~0ft- \~\ . Sl~ ~k~~!lf g 1 v,. ~ :......} ...., ..,....r9 ...... ._ ('. v . ~.sTAii~ WITNESS MY HAND AND OFFICIAL SEAL My co U Notary Public {jj/fjOl 00 ( --'- ATTACHMENT~ COPY OF THE PUBLIC PHOTOGRAPH OF THE POSTEL LIST OF THE OWNERS AND GOVERNME~;'*4""' BYMAIL q-z-otf ...-... ,-. -----:~ PUBLIC NOTICE RE: MCGARVEY SUBDIVISION NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, April 20, 2004 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 JNM Bleeker Street, LLP requesting Subdivision approval and a Growth Management Quota System (GMQS) Exemption in order to subdivide the existing single-family lot located at 433 W. Bleeker Street into two single'-family lots, The applicant proposes to eventually demolish the existing single-family residence and have a new single-family residence constructed on each of the new lots. The parcel subject to the request is legally described as Lot 1 Strandberg Lot Split (alk/a Lots A-D & W Y2 Lot E, Block 37, Townsite of Aspen). For further information, contact Scott Woodford at the.City of Aspen Community Development Department, 130 S. Galena St., Aspen, CO (970) 920-5102, (or by email atscottw@ci.aspen.co.us). s/ Jasmine TV2re. Chair Aspen Pla.nning and Zoning Commission Published in the Aspen Times on April 3, 2004 City of Aspen Account 4- . Sm"ooth Feed Sheets™ r"\ , 501 WEST MAIN LLC 314 S GALENA ST #200 ASPEN, CO 81611-1818 ALH HOLDING COMPANY GUNNISON 435 W MAIN ST ASPEN, CO 81611 ASPEN HOUSING LLC 233 MILWAUKEE ST DENVER, CO 80206 ASPEN MESA STORE LLC 500 W MAIN ST ASPEN, CO 81611 ASPEN SQUARE CONDOMINIUM ASSOC 617 E COOPER AVE ASPEN, CO 81611 ASPEN ULLR HOUSING LLC 126 E MAIN St ASPEN, CO 81611 BARKER JACK 1/21NT PO BOX 7943 ASPEN, CO 81612 BAUER WALTER F FAMILY TRUST 15935 VALLEY VISTA ENCINO, CA 91436 BLEEKER STREET PARTNERS II 201 N MILL ST STE 102 ASPEN, CO 81611 BLEEKER STREET PARTNERS II PO BOX 8837 ASPEN, CO 81612 CITY OF ASPEN 130 S GALENA ST ASPEN, CO 81611 COMCOWICH WILLIAM L CHARLES CATHCART PROP MGT PO BOX 1374 ASPEN, CO 81612 FERGUS ELIZABETH DAWSON PO BOX 1515 ASPEN, CO 81612 FISCHER SISTIE 442 W BLEEKER ASPEN, CO 81611 HAISFIELD AUDREY LEA 435 E MAIN ST ASPEN, CO 81611 HENRY KRISTEN 525 W HALLAM ST ASPEN, CO 81611-1246 HOTEL ASPEN CONDOMINIUM ASSOCIATION 600 E HOPKINS AVE STE 304 ASPEN, CO 81611 HOUGH JENNINE 265 BRIGHTON RD NE ATLANTA, GA 30309 ILGEN EILEEN L & JACK 0 & ELOISE 518 W MAIN ST ASPEN, CO 81611 JANSS MARY TRUST 403 WHALLAM ASPEN, CO 81611 fAAVERY@ Address Labels Use template for 5160@ AhPI N EE?.At-Jf$.b~F'~N 600 t'HOPKINS"AVE ASPEN, CO 81611 ASPEN RETINA SURGEONS LLC 5014 WOODHURST LN MINNETONKA, MN 55345 BAILEY RYAN 1994 TRUST 50% C/O JANUS CAPITAL 620 E COOPER ASPEN, CO 81611 BECK GLENN A 16640 D STREET VICTORVILLE, CA 92392 CARINTHIA CORP 45 E LUPINE DR ASPEN, CO 81611 DESTINATION RESORT MGMT INC 610 WEST END ST ASPEN, CO 81611 FRIAS PROPERTIES OF ASPEN LLC 730 E DURANT ASPEN, CO 81611 HILLMAN DORA B TRUST 504 W BLEEKER ASPEN, CO 81611 HUNT ROGER H PO BOX 3944 ASPEN, CO 81612 MAC DONALD BETTE S TRUST 15 BLACKMER RD ENGLEWOOD, CO 80110 Laser 5160@ Smooth Feed Sheets ™ MYERS JOSEPH V JR 421 W HALLAM ST ASPEN, CO 81611 PATRICK JAMES K 417 W HALLAM ST ASPEN, CO 81611 SCHOEBERLEIN DEBORAH & JOSEPH 659 LINCOLN AVE CARBONDALE, CO 81623 STRANDBERG JOHN J & JANE T C/O BOA-HACKER PO BOX 419119 KANSAS CITY, MO 64105-2100 WALNUT CREEK RANCH LLC 4520 MAl N ST STE 1050 KANSAS CITY, MO 64111-1816 eAVERV@ Address Labels Use template for 5160@ NATIONWIDE THEATRES CORPORATION A CALIFORNIA CORPORATION 120 N ROBERTSON BLVD LOS ANGElES, CA 90048 NORTH AND SOUTH ASPEN LLC 200 S ASPEN ST ASPEN, CO 81611 RICHTER SAM 7874 AFTON VILLA CT BOCA RATON, FL 33433 RISCOR INC 2651 N HARWOOD ST #335 DALLAS, TX 75201-1576 SEALS JOHN R & CAROLYN 4410 MEDICAL DR #400 SAN ANTONIO, TX 78229 STILWElL REED & CLAIRE 191 UNIVERSITY BLVD #714 DENVER, CO 80206 ULLR HOMEOWNERS ASSOCIATION 600 E HOPKINS #304 ASPEN, CO 81611 WAGNER HOLDINGS CORPORATION LLC C/O BILL POSS 605 E MAIN ST ASPEN, CO 81611 WM HOLDINGS LLC C/O KELLY MITCHELL 300 B AABC ASPEN, CO 81611 WOLOFSKY MOIRA 129 CLARENDON AVE PALM BEACH, FL 33480 Laser 5160@ '11 ...-r HAAS LAND PLANNING,LLC March 8, 2004 Mrs. Julie Ann Woods, Director Mr. Scott Woodford, Planner Aspen Community Development Department 130 South Galena Street Aspen, CO 81611 RE: Interpretation of Section 26.470.070(A)(2), GMQS Exemption for Reconstruction of Demolished Units Dear Julie Ann and Scott: This letter is a request for a formal Interpretation of Title, pursuant to Section 26.306.010 of the Land Use Code. More specifically, the request is for a formal interpretation of Section 26.470.070(A)(2) of the Code as such relates to the use of residential reconstruction credits for the purposes of subdivision. The best way of explaining the request is by way of hypothetical example. As part of the example, a few premises must be outlined. First, the hypothetical property is located in a zone district where the minimum lot area is 6,000 square feet and 9,000 square feet of lot area is the minimum required to support a duplex or two detached residences. Next, the hypotheticallothas an effective area of greater than 12,000 square feet, and maintains one legally established single-family residence. Pursuant to plain and clear language of the Code, the residence on this hypothetical lot could be converted to a GMQS exempt duplex as a permitted use-by-right under the described zoning conditions. Assuming the conversion could be done withollt adding any FAR floor area, there would be no required payment of cash-in-lieu of an ADU for such a conversion. Since it is clear that this can be done, the City Planning Office has informally decided in consultation with the City Attorney thattwo (2) reconstruction credits exist even if the actual conversion is riot first carried out. That is, it has been agreed that it would be pointless to complete the conversion just for the sake of later demolishing the structure, and that allowing the reconstruction credits without this activity saves not only resources, time and finances, but it also saves the neighborhood from having to accommodate unnecessary construction impacts. . 201 N. MILL STREET, SUITE 108 . ASPEN, COLORADO. 81611 . . PHONE: (970) 925-7819 . FAX: (970) 925-7395 . , I I ./ ~ March 8, 2004 Page 2 Thus, the owner of the hypothetical property described above would maintain two (2) GMQS exempt residential reconstruction credits under the terms of Section 26.470.070(A)(2) of the Code, provided the conditions for use of the reconstruction credits can be met. Carrying this interpretation forward, it follows that the hypothetical property can be subdivided into two (2) lots that comply with the dimensional requirements of the zoning and the reconstruction units can be developed anywhere on the property that is consistent with the dimensional. requirements and other applicable requirements of the Land Use Code. The subdivision would allow the two reconstructed units to be placed on separate, fee simple lots (if under common ownership) using the allowable FAR floor area for the size of lots created through the subdivision. Further, with each redeveloped unit, either an ADU or cash-in-lieu would have to be provided. In closing, it is respectfully requested that the Community Development Director formally confirm the above-described interpretation and understanding of the Code provisions by signing in the space provided below. If you should have any questions, please do not hesitate to contact me. .' ; Yours truly, ~anning, LLC Mitch Haas, AICP Owner/Manager Signed: tCU Ie Ann Woods, Community Development Director ~\. 3//8/0-:{ Date c:/my documents/administrative/city/Subdiv-Recon Credits Interp _.~ .. r'\ MEMORANDUM To: Development Review Committee From: John Niewoehner, Community Development Engineer, DRC Caseload Coordinator Date: March 10, 2004 Re: 3/10/04DRC Minutes: McGarvev Subdivision Attendees: Scott Woodford, Case Planner - Community Development Department Nick Adeh, Engineering Department John Niewoehner, Community Development Department Phil Overeynder, Water Department Tom Bracewell, Sanitation District Jerry Nye, Streets Department Ed VanWalraven, Fire Department Sarah Oates, Zoning Officerrs Brian Flynn, Parks Department Mitch Haas, Planner for Applicant At the March 10,2004, the Development Review Committee reviewed the following project: McGarvey Subdivision and GMQS Exemption - The proposal is to su~divide an existing 13,500 sf lot at the corner of Fourth and Bleeker Streets into two lots - - one lot with 6,000 sf and 7,500 sf. The existing house will initially straddle the two new lots but the ,house will eventually be demolished to make room for two single-family houses. (Scott - - James has some Ordinance language that allows the existing house to straddle two lots,) DRC COMMENTS Engineering and Streets: 1. Access: The City concurs that the driveways for the two new lots should be off the alley and the existing curb cut on Fourth Street should be abandoned. A new curb is to be installed in place of the abandoned driveway. 2. Utility Pedestals: Any pedestals in the alley adjacent to the lots should be moved out of the alley ROWand onto the property of adjacent lot. (Put this requirement in Ordinance or Resolution.) 3. Survey: A new survey is required for the subdivision plat. Both lots must be fully monumented with propertypinsat the lot corners. 4. Drainage: The building permit application needs to include a drainage and erosion control prepared by a professional engineer. Drainage from the lots cannot flow into the alley. 5. Snow Storage: Building plans must show area for snow storage off alley. (Snow from alley cannot be placed in alley.) Parks Department 1. Tree Removal: An approved tree permit is required prior to approval of the building permit. An approved tree permit requires a proposed landscape plan identifying trees for removal and means of mitigation. Please contact the City Forester for more information 920-5126. 2. Tree Protection: A vegetation protection fence shall be erected at the drip line of each individual tree or groupings of trees remaining on site. There will be no storage of construction materials, packfill, tools or construction traffic inside of the protective fence. There is no excavation or disturbcince of the Qative area inside of the protective fence. This fence must be inspected by the city forester or his/her designee (920-5126) before any construction activities are to commence. No excavation, storage of materials, ... Page 2 of 2 March 10, 2004 McGarvey Subdivision ~ storage of construction backfill, storage of equipment, foot or vehicle traffic allowed within the drip line of any tree on site. 3. Landscape: Based on the mitigation for tree removal, an approved landscape plan will need to be submitted to the Parks Department. The building permit landscaping plan should include a landscaping the Fourth Street ROW adjacent to the property. Fire Department Nothing at this time Sanitation District 1. Separate Sewer Services: The existing sewer service may be able to serve one of the two lots. A shared sewer service will not be allovveq, Each lot needs its ovvn service. 2. ACSD Standards: Servic~ is contingent upon compliance with the District's rules, regulations, and specifications, which .are on file at the District office. Water Dept: 1. Water Taps: The existing water tap must be abandoned. Abandonment of the tap will occur when the existing building is demolished. 2. City Standards Compliance: All uses and construction wm comply with the City of Aspen Water System Standards, with Title 25, and applicable portions of Title 8 (Water Conservation and Plumbing Advisory Code) of the Aspen Municipal Code as they pertain to utilities. Zoning: 1. Lighting: Outdoor Lighting must conform to Lighting Code. 2. E)(istirig Structure: The documentation of the existing house floor area must be submitted as part of the building permit. /DRC/McGarvey-Subdiv .r*) () . \-.C' ,,,-->~ . Aspen Consolidated Sanitation Oistrict Paul Smith * Chairman Michp.el Kelly * Vice- Chair John Keleher * Sec/Treas March 17, 2004 Post-it" Fax Note 7671 Date #01 ~ pages ~ To If-I_ I~\l tv CoJDept From Co. Phone # Phone # Scott Wolford . Community Development 130 S. Galena Aspen, C08I611 13f~ Fax # nVll..n BU1LDtNGOWARTMENT Re: McGarvey Subdivision Dear Scott: We currently have sufficient collection system and treatment capacity to serve this development. Service is contingent . uponcompliance withthe district's rules, regulations, and. specifications. which are, on file at the district office. Fees for the project can be estimated one ,detailed plans are made available to our office for the completIon of a tap permit. All fees must be paid prior to the issuance 'of a buildin~ permit. The existing four inch cast iron pipe service linefor the property must be removed an~lcapped at the district main at theapproval of the district Hnesuperintendent. Individual set:Vi~es\Vill be. required for each lot/residence. All ofthecommentsthat we made at the 3-10-04 development review committee meeting re,main valid and ar~incorporated here by referenc~. / Please call if you have any questions. Sincerely, _" '~~~~.~.. Bruce Matherly District Manager '-', -' < - " , .' - '" " " ". - 565 N. Mill St., Aspen, co 81611 / (970)925-3601/ FAX (970)925-2537 MEMORANDUM TO: Plans were routed to those departments checked-off below: X ........... City Engineer X ......... Community Development Engineer o .........Community Development Director X ........... Zoning Officer o ........... Housing Director X ........... Parks Department X ........... Aspen F~re Marshal X ........... City Water X ........... Aspen Consolidated Sanitation District X ........... Building Department o ........... Environmental Health o ........... Electric Department o ........... Holy Cross Electric o ........... City Attorney X ............ Streets. Department o ........... Historic Preservation Officer o ........... Pitkin County Planning o ........... County & City Disaster Coordinator o ......... Transportatio~ FROM: Scott Woodford, (scottw@ci.aspen.co.us) Community Development Department 130 S. Galena St.; Aspen, CO 81611 Phone-920.5102 Fax-920.5439 RE:McGarvey Subdivision - Subdivision and, GMQS Exemption request to subdivide an existing 13,500 square foot lot into t""o, single-fall1ily lots of6,000 alld.1,500 sq. ft. in order to demolish the existing single-family and to eventually construct a single-family residence on each lot. The request includes requests for GMQS Exemptions for the reconstruction of demolished units and for construction of single-family residences. DATE: February 27.2004 DATE OF DRC MEETING: Marclild,2d(j4arr:j(jPM. · NOTE: IF YOU CANNOT ATTENDTI-IEMEETINO,PLEASEEMAILYotrlt' COMMENTS TO JOHN NIEWHOEI-INER U()1u1n~ci.~spen.co'lls)BY~()()1'J()1'J MARCH 10, 2004. THOSE COMMENTS WILL.. THENBEINCORFORA:TEn' INTO THE DRC MINUTES. /",,,..., ATTACHMENT 7 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY, M WOcvV ~ 5.~b: SCHEDULED PUBLIC HEARING DA'J:1': if /'2:010 Cf ; Aspen, CO ,200_ STATE OF COLORADO ) ) ss. County of Pitkin ) I, <ra~ 4.5 ~I 'HJ j (name, please print) being or representing an Applicantto 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: /:x:/ Publication of notice: By the publication in the legal notice section of an official pape{or a paper of general circulation in the City of Aspen at least fifteen (15) clays prior to the public hearing. A copy of the publication is attached hereto. ..;;, ' Posting "ofn'otice: By posting of notice, which form was obtained from , COlTIrnunity D!ev~lopmen~ Depart:ment, which was made of suit~ble, .) waterproof m~tenals, whlch was not less than twenty-two (22) mches wlde- 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 to the public hearing and was continuously visible from the _ day of , 200_,to and including the date and time ofthe public. hearing, A photograph of the posted notice (sign) is attached hereto. _ Mailing of notice. By the mailing of a notice obtained fromth~ComrriUrlit} Development Department, which contains the information describ~d il1$yction 26.304.060(E)(2) ofthe Aspen Land Use Code. At least fifteen (15) days'~or to tpe 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 of property owners shall be those on the current tax records of Pitkin County as they appeared no more than sixty (60) days prior to the date of the public hearing. A copy of the owners and governmental agencies so noticed is attached hereto. (continued on next page) .--- .......... '..--.....^- Rezoning or text amendment Whenever the official zoning district map is in any way to be changed or am~nd~d in9identStUQ 9l'~S part of a general revision of this Title, 'or whenever the t~xt of this Titleis tQ b.eatllel1<kc!, whether such revision be made by repeal of this Title and eIlactn1ent of a new land use :r:egulation, 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 pi aiming agency during all business hours for fifteen (15) days prior to the public hearing on such amendments. The foregoing "Affidavit of Notice" was ~wledged befO~e~ay of 11 () ~ 1 ' 200!/-, by - ~ ~ ~ 'WITNESS MY HAND AND OFFICIAL SEAL My commission eXPires:)..j- ~ ")...... '''_'_n a U,b~h~19.0 Tuesday, April 20, .'p"~"" ., ' . tobegin at ,:30 p.m. before the Aspen R.'ii9'lmg and Zoning :ommission, Sister CiUt;;s' .oOrn' City Ball, 130 S: Galena St.. Aspen to con' ~~~~r,.~I)..apPlic~tion blllilted by JNM':J3ieef Street.~LP requesting SUbdiyision approval a:~ ~ ,pr~~th Management Quota System (GMQS) Eli; ~~.-'ez:?:~~J?r.U-9 ~r(jerto subdivide the existing singl;' ::~I!Y lotloc~t~d at 433 W. Bleeker Stre,,!intp famlly}ots. . The, applicant propo~es to "'a", 1Ish the existing single.family res. ~'A~"~~;:~01&}~r;~__~p~~,_,, ~:,.n_~w__,~,ingle-famiIy residence :_'. 0, s,ructed on e~<:p__()f the_new Jots. The 'parcel quest i~!egally describecl asLot Split (a/k/a LotsA-D & W 1/2 LOt' site of Aspen). .;.~; malion. contact Scott Woodford"" ty o~pen fOf:unity Development De.'- . tlf!. ~.Galena , t.. Aspen, CO (970) 920- by.:!';a~1 a\sco tw@cl.aspenco.us). COPY OF THE PUBLICATION >>{~ ""'''. sjJasmme Tygre, Chair ~pen Planm and Zoning CommisslOn m The Aspen Times on Apnl 3. 2004 TOGRAPH OF THE POSTED NOTICE (SIGN) ATTACHMENTS: LIST OF THE OWNERS AND GOVE~NTALAGI:NC.~~NQl'I(:~It". BY MAIL JlII'IIi -- AN APPLICATION FOR APPROVAL OF SUBDIVISION AND GMQS EXEMPTION REQtJ:ES''fS. FOR 433 WEST BLEEKER STREET ~ """" Submitted by: JNM Bleeker Street, LLP cj 0 James N, McGarvey, Jr" Partner 432 Osceola Avenue Jacksonville Beach, FL 32250 "... ".. Prepared by: HAAS LAND PLANNING, LtC 201 North Mill Street, Suite 108 Aspen,C081611 phone: (970) 925-7819 fax: (970) 925-7395 email: mhaas@sopris.net "'"" ".., McGARVEY SUBDIVISION ApPLIcATIoN TABLE OF CONTENTS PAGE - I. INTRODUCTION.....,.. ......". ,..... ...... ". ,.. ..,."", ". .,. .",... .,.........,.. ....1 "., ~ ",.., ~ """" II. PROJECT SITE & NEIGHBORHOOD (Existing Conditions)... ............. ....3 · Vicinity Map...................................................,........................,.3 III. PROPOSED DEVELOPMENT.........................................................6 IV. REVIEW REQUIREMENTS.. ~""'~."'" ..... ~,.... ...... .......,... .... ......... ..... . ...7 A. GMQS Exemptions................................................. ...... ..........7 B. Subdivision Approval. . . ... ......... ............... .................,.................... 9 C. Residential Design Standards................. ........ .......... ........... ...12 V. VESTED PROPERTY RIGHTS.. .. .. .. . .. .. . ..... .. .. .. . .. .. . .. .. . . .. . .. .. ...... .... .. ..13 EXHIBITS Exhibit 1: Land Use Application & Dimensional Requirements Forms Exhibit 2: Pre-Application Conference Summary Exhibit 3: Proof of Ownership Exhibit 4: Letter of Authorization to Represent the Applicant Exhibit 5: Strandberg Lot Split Approval and Recorded Plat Exhibit 6; List of Property Owners within 300 Feet of the Subject Property Exhibit 7: Signed and Executed Fee Agreement ,., ,.,.. I. INTRODUCTION ~ This application requests subdivision approval and GMQS exemptions for the creation of two lots where only one currently exists. It is also requested that vested property rights status be granted along with the project's land use approvals. (See Land Use Application Form and Pre-Application Conference Summary, Exhibits 1 and 2, respectively.) ".., - the subject property is zoned (R-6) Medium-Density Residential, and is located on the southeast corner of West Bleeker andNorthFol.lrthStreets. It is legally described as Lot 1, Strandberg Lot Split, according to the plat thereof . ,recorded Qctober 18, 1982 in PlatBook 14 atPage 1 (a/k/a Lots A, B, C, D, and the West half of Lot E, Block 37, City and Townsite of Aspen). The project site currently includes a single-family residence but exceeds the lot area requirements for a duplex (or two detached residential dwellings). This zoned density potential provides two GMQS exempt residential reconstruction credits, thus allowing for the creation of two residential lots, as further explained later in this application. ",.., JNM Bleeker Street, LLP, James N. McGarvey, Jr., partner, (hereinafter "applicant"), owns the subject property (see Proof of Ownership, Exhibit 3). Authorization fo!, Haa.s La.nclRICll'll1ing, LLC to represent the applicant is attached as Exhibit 4. Exhibit 5 provides a copy of the approved and recorded Strandberg Lot Split plat. A list of property owners located within three- hundred feetof the property and an executed application fee agreement are attached as Exhibits 6 and 7, respectively. ",.,., ~. This application is submitted by James N. McGarvey, Jr., on behalf of JNM Bleeker Street, LLP, pursuant to: Section 26.480, Subdivision; Section 26.470.070(A)(2); GMQS Exemption for Reconstruction of demolished units; and, Section 26.470.070(B) - GMQS Exemption-Single Family and Duplex of the Code, The application is divided into five sections. S~ction I provides a brief introduction tothe application, while Section II describes the existing conditions of the project site and neighborhood. Section III outlines the applicant's proposed development, and Section IV addresses the proposed development's compliance with the applicable review criteria of the Code. Section V is a request for vested property rights status. For the revi~wer'sconyeni~n~~, all pertinent supporting documents relating to the project (i.e., proof of ownership, etc.) are provided in the various exhibits to th~. application. ,.,.. f. While the applicant has attempted to address all relevant provisions of the Code, and to provide sufficient information to enable a thorough evaluation of McGarvey Subdivision ". ...... ........,.., Page 1 ~ t!'" .. the application, questions may arise which require additional information and/ or clarification. Upon request, the applicant will provide such additional information as may be required in the course of the review. ... - "... ~ !"""I !"""I ,~ - McGarvey Subdivision Page 2 """" """" II. PROJECT SITE & NEIGHBOllHQOD (ExistingConditi.ons) - The subject property, 433 West Bleeker Street, resides at the southeast corner of West Bleeker andNQrth. F... ..0.. u. .rth Streets..... It has a Pa. r. cell. d. entif.ica. t...l.....0........ n... . .. . . . ...... ."".,..., -,' ."<""",:",:,, ,'~"';"'!_' ..:,"",.,.,>"~,,,~ ,;,_,>>-::,~";""""j ,:;,--<- """'~:\:''':'"''t-!'-s,''>'C:'i'','''""'Y~:;,;,,:>,-,,,;;<--,,'W':-':'\::"-,:'^,,',' " ,..-.-'".."".,-...." ' Number of 2735-124-42-001 and r~~!ci.~E>"Yiili!nA~pe~-t's We;t End neighbo~ho~d. The 13,500 square foot property is comprised of Lots A, B, C, D, and the west half of E, on Block 37, City and Townsite of Aspen. - "... 1R"'> Lots A-F of Block 37 merged in 1975, creating a single property that includes the subject site. However, the merged parcels were separated in 1982 into ~hat is now known as Lots 1 aI1d2 of tl1.g E)tr@lnci.p~rg Lot Split Subdivision Exception. The subject property is Lot 1, Strandberg Lot Split according to the plat thereof recorded withthe.Pitkin.<:::9t!nty Clerk and Recorder on October 18. 1982 in Book 14 Clt Page 1 as Reception Number 244854. - - The lot is rectangular in shape, with 135 feet of frontage on West Bleeker Street and 100 feet of frontage on South FourthStr~et. TheJQt l::mcks up to the alley and its easterly boundary is shared with Lot2 of the StrClnc;lb~rg Lot Split. The approximate location of the property is indicated with a star (*) on the Vicinity Map provided below. - ", . 03001l'l "_~'M""""". 900ft .- I!"\'Il .- .,.,.., - Vicinity Mirp - 433 West Bleeker street - ~ McGarvey Subdivision Page 3 - The only two conditions that were attached to the aforementioned Strandberg Subdivision Exception approval have been satisfied. The first was a requirement for approval of a subdivision plat by the Engineering Department. The recorded plat (Book 14 at Page 1 as Reception Number 244854) was signed by the City Engineer. The second condition required the applicant to join a sidewalk improvement district for both lots of the subdivision. This requirement was accomplished in the form of a protective covenant recorded in Book 434 at Page 194. Existing improvements are limited to a one-story brick single-family residence. Per the records of the Pitkin County Assessor, the existing residential structure was built in 1973 and includes three bedrooms and three bathrooms. Vehicular access to an attached two-car garage is gained from South Fourth Street via a curb cut and asphalt driveway. Some five mature fir trees exist toward the rear of the property, which is essentially flat with no slopes in excess of ten percent. All other trees that appear to be part of the subject property are actually located on the adjacent lot or in the adjacent rights-of-way. For a detailed illustration of the existing conditions, please refer to the accompanying Improvement Survey and copy of the Strandberg Lot Split Plat. The property is zoned R-6, Medium-Density Residential. The "Purpose" of the R-6 zone district is /I to provide areas for long term residential purposes with customary accessory uses. Lands in this zone district are generally limited to the original Aspen Townsite, contain relatively dense settlements of predominantly detached and duplex residences, and are within walking distance of the center of the City." The list of Permitted Uses includes detached residential dwellings, duplexes, two (2) detached dwellings on lots 9,000 square feet or larger, home occupations, accessory buildings and usesl and accessory dwelling units meeting the provisions of Section 26.520. The existing detached single-family residential use of the subject property is in conformance with the permitted uses of the R-6 zone. The property is served with natural gas by KN Energy, with electricity by Holy Cross Electric Corp., with telephones by Qwest, with sewer by Aspen Consolidated Sanitation District, and with water by the City of Aspen. Fire and police protection are provided by the Aspen Fire Protection District and Police Departmentl respectively. The surrounding properties to the east, west and north are single-family residential sites. To the west, across North Fourth Street, is a contemporary one- story residence with a Mansard roof extending down to the ground. Immediately to the east of the subject site is the vacantI 6,000 square foot Lot 2 of the Strandberg Lot Split, then a 7/500 square foot site developed with a two-story Neo-Victorian home (401 W. Bleeker). McGarvey Subdivision --<.t--- Page 4 ~... p:'l z+oo ~ .J!' 5 i~~ ~~ !!3 t~S ~~G ~: ~~ ~.~ ~.! . .. ~~~ li~ ~i! I.i ;11 ;:~ !~i ~t ,!!:ljg .g. !'B ~~S ~f '" '" '" ~ ~ ",.J ~ In :: ~ J ~ ~ ~ _ ~ . ~ ~ ~ ~ ~ ~ ~~"~~~ ~~'j~i:'i:l' z ~ :_ffi 04 ~ w 5 ~ ~ ... ~ ,.J ~:~~~~;5~~ % ~ J: tl ~:~;~L;=~ e *-: ~ 5g~5~~3~Gl... ow t ? u,.l&.1,I.. '" ~ ; . <t e 0 13# 9 .. ~ " ~ ...:l '" < C) r/J f;I;1 ~ E-< ~ . < ~ li C,) ~zo OO~ .... irtww r:<. ~~: ~~;z .... ~dJf!. 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H I { I I I CfJ I I !<="j / ril I r-~.:~! I I I I ~ ". Across West Bleeker Street from the subject sitel a lot containing just one single-family home (442 W. Bleeker) consumes the entire block with the exception of Pioneer Park at the corner of West Bleeker and North Third Streets. A l.5-story Victorian with additions (500 W. Bleeker) resides caddy-corner from the subject site, at the northwest corner of West Bleeker and North Fourth Streets. ,.. ,.,., Across the Block 37 alleYI the properties are developed with office uses fronting on West Main Street. There are two properties directly across the alley frol1l<thr stlbject site: the one at the corner of West Main and North Fourth Streets is The Beck House --- a Victorian that has been converted to office use; and, the one immediately to the east of the Beck House is a two-story structure containing dental and. rye ca~e offices..Th~r~1Tlainder ()f the Block 37 Main Street frontage is consumed by the Floradora Building (medical and eye care offices). Caddy- corner f{olU th~ stlbject site,. at the northwest corner of West Main and North Fourth Streets, is the Mesa Building, which houses the 02 clothing store and exercise studio. - The alley at the rear of the subject property is unused by the properties fronting on West Bleeker Street. In fact, each of these residential properties is fenced off from the alley. Only two single-family homes exist on Block 37 and neither takes access from the alley. The businesses sharing the Block 37 alley all maintain head-inl on-site parking spaces off the alley that are signed for tenant/permit parking only. As it now stands, all of West Bleeker Street between North Fourth and Third Streets contains only three single-family homes. ...... ,- In total, the surrounding uses include a mix of single-family residential, bfficesl and retail commercial (in the Mesa Store building). The architectural styles used on the surrounding buildings vary widely. For instance, the architectural styles associated with the adjacent properties can be described as follows: Second Empire (circa 1860-1880) at 442 West Bleeker Street (to the north); Neo-Victorian to the east; Victorian to the northwest and south; 1970's Contemporary to the west and southeast; False-Front Storefront (circa 1870-1900) at the Mesa Building to the southwest; and International Style existing on the ~tl})ject site. The surrounding structures range from one to two-and-one-half (1- 2.5) stories above grade, and roof forms vary from flat and shed roofSI and from steeply pitched roofs to mansard roofs. ~ ~ McGarvey Subdivision Page 5 - III. PROPOSED DEVELOPMENT The Applicant proposes to subdivide the 13,500 square foot subject property into two lots as shown on the proposed McGarvey Subdivision Plat (see the following page). The resulting lots will eventually be redeveloped in accordance with the R-6 zoning and other provisions of the Land Use Code. The proposal subdivides Lot 1 of the Strandberg Lot Split into two lots, hereinafter referred to as proposed Lots lA and lB, McGarvey Subdivision. Proposed Lot lA is located on the corner of West Bleeker and North Fourth Streets. Lot lA will have an area of 7,500 square feet with 75 feet of frontage on West Bleeker Street (and on the alley) and 100 feet of frontage on North Fourth Street. Lot lA will include Lot AI B, and the westerly half of Lot CI Block 37, City and Townsite of Aspen. Lot lB will have an area of 6,000 square feet and will reside immediately to the east of Lot lA. Lot lB will include the easterly half of Lot C, all of Lot D, and the westerly half of Lot EI Block 371 City and Townsiteof Aspen. Using the reconstruction credits concept described in greater detail under the GMQS Exemptions section of this application (below)1 the existing property maintains two (2) GMQS exempt residential reconstruction credits by virtue of being capable of supporting a duplex or two detached residences as a permitted use. As such, the property can be subdivided in compliance with the dimensional requirements of the R-6 zoning and the reconstruction units can be developed anywhere on the property that is consistent with the R-6 dimensional requirements and other applicable requirements of the Land Use Code. The subdivision will allow the two reconstructed units to be placed on separate, fee simple lots. The resulting lots will comply with the minimum lot area and lot width requirements of the zone districtl and the reconstructed homes will comply with the other dimensional requirements of the zone district. Of coursel with each redeveloped unit, the requirements of Code Section 26.470.070(B) will have to be satisfied. In accordance with the Land Use Code's Engineering Standards and Residential Design Standards, vehicular access to each of the resulting lots will be taken from the alley at the rear. The existing access from North Fourth Street will be abandoned and the curb cut will be eliminated. Each lot will satisfy the applicable off-street parking requirements attributable to the development to be located thereon. Architectural and landscape designs have not been completed for the proposed project. Howeverl the applicant intends to comply with all applicable McGarvey Subdivision Page 6 ..~ E=i W ~ ~ E=i Cf!) ~ ~ ~ ~ w ~ ~ ~ g :? o ~ z ~ w ~ ~ ~ z ~ ~ ~ o z ~ 2 g " _ z 2 ~ .11 ~ ~ " ~ ~ - ~ ;a ", ~4 fI!. ',. , ~.r<'3: (.OJ '_ c.::,* ~.~ ---\\~~} ~:t:: '," =~":? ~ o ' ' (((I" > ~ ~ --......"'~ .. w ~ ~ ~ ' (F, mX '",':? ' o f ' ''^-.../ I (,~:h I ~o~ '! ,~-_/ .~ ~ iD~ ~Im o!::j~ i ~ $,/0 :l~/ Z I g, M"Gv,~otrtS c;~') (iJ \-~ ~J ~~-, (JOOf , 0 \ l~ ; -m N (.~\ o ~ \'~') \ ~ C 0 ~ '''--.,j W.o ILl 3J<> 3 ...........--------------- ~."--.._._- -,..--'-'-- (;~~j \r~ wX ~.~ o o o ~ -~ {" ~I -, "' -1; f! ];:. ~~-fi Q=d~:: ~, ~ ~ .-I .u~'C ~gj3.t:: Sg~~~ ..c.]jg'::: lP ~.;; ~''>IM !; ~ ~~ . """,,',""-,' I I \ D I I 0,.... 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REVIEW REQUIREMENTS The proposal requires subdivision approval and approval of exemptions from the Growth Management Quota System (GMQS) scoring and competition procedures pursuant to Section 26.470.070(A)(2) and (B) of the Code. This section of the application is organized by applicable review standardsl with each set of standards provided as a sub-section hereto. Under each sub-section, every individual review criterion is presented in indented and italicized print and followed by a response demonstrating compliance with and/ or satisfaction of the given standard. GMQS Exemptions - T.l).e end result of the proposed development will be two lots of 7/500 square feet and 6,000 square feet respectively. Each will be developed or redeveloped with a new detached single-family residence pursuant to the underlying R-6 zoning. f""!, Since the existing property has an effective area of 13/500 square feetl the existing single-family residence could be converted to a GMQS exempt duplex as a permitted use-by-right. The conversion could be done without adding any FAR flc>or area; thl~r~forel there would be no required payment of cash-in-lieu of an ADU. Since this can be done, the City Planning Office has decided in consultation with the City Attorney that the two reconstruction credits exist even if the actual conversion is not first carried out. That is, it has been agreed that it would be pointless to complete the conversion just for the sake of later demolishing the structure, and that allowing the credits without this activity saves not only resources, time and finances, but it also saves the neighborhood from having to accommodate unnecessary construction impacts. - 'Thl1~lthe~l1bject property maintains two GMQS exempt residential feconstruction credits under the terms of Section 26.470.070(A)(2) of the Code. Said Code sectioI1 provides certain conditions for use of reconstruction credits as a GMQS exemption, including the following: McGarvey Subdivision Page 7 ,.-., a) An applicant may propose to demolish and then delay the reconstruction of an existing dwelling (beyond three years); b) The applicant shall verify, by letter submitted to and approved by the Community Development Director, the number of existing legal units on the property prior to demolition and shall agree that reconstruction will occur pursuant to the terms of Section 26.470.070 of the Code; c) Reconstruction shall occur within five (5) years of demolition, unless an extension of this deadline is granted by the City Council for good cause (the starting deadline for reconstruction is three (3) yearsl but can be extended to five years by the Community Development Director after submission and review of an accurate Improvements Survey of the structure); andl d) Any building that is demolished shall be limited to reconstruction on the same parcel or on a contiguous parcel owned by the applicant. The applicant has not yet determined a timeframe for use of the reconstruction credits or for the demolition of the existing dwelling. If use of the reconstruction credits is to be delayed by more than three yearsl an extension of the exemption will be requested; otherwise, the credits will be used within the three year time frame provided. This applicationl combined with the City of Aspen Building Department filesl should be adequate verification that there is one existing, legal dwelling unit on the subject property. Alsol the above-described determination of the Planning Office and City Attorney provides the second reconstruction credit. The applicant hereby agrees that use of both reconstruction credits shall be done in accordance with and pursuant to Section 26.470.070 of the Code. Thus, the applicant is essentially agreeing to comply with the GMQS exemption requirements for reconstruction of a single-family dwelling (construct an ADU(s)1 or pay the cash-in-lieu fee). Since the applicant will own both resulting lots of the subdivision and they will be contiguousl sub-standard" d" (above) allows use of one of the reconstruction credits on the second lot. That iSI using the reconstruction credits concept described abovel the property maintains two (2) GMQS exempt residential reconstruction credits. As such, the property can be subdivided in compliance with the dimensional requirements of the R-6 zoning and the reconstruction units can be developed anywhere on the property that is consistent with the R-6 dimensional requirements and other applicable requirements of the Land Use Code, The subdivision will allow the two McGarvey Subdivision Page 8 !IIIIII!It reconstructed units to be placed on separatel fee simple lots using the allowable FAR floor area for the size of lots created through the subdivision. The two resulting lots will comply with the minimum lot area and lot width requirements of the zone district, and the reconstructed homes will comply with the other dimensional requirements of the zone district unless variances are obtained. Again, with each redeveloped unit, either an ADU or cash-in-lieu will be provided. Use of the GMQS exemptions provided at Section 26.470.070(A) and (B) of the Code is approved administratively by the Community Development Director. These exemptions are not deducted from the respective annual development allotments established in Section 26.470.050 or from the Aspen Metro Area development ceilings established in Secti01126.~!O~Q3Qof the Code. B. Subdivision Approval The purpose of Section 26.480, Subdivision, of the Code includes ensuring "the proper distribution of development" and encouraging" the well-planned subdivision of land by establishing standards for the design of a subdivision." This purpose is forwarded by and achieved with the proposal made herein. Section 26.480.020, Applicability and Prohibitions, describes instances where subdivision is prohibited, including the requirement for a development allotment or a GMQS exemption. To comply with this section, the applicant will use tl1~ c;MQS exemptions described in detail above. The review standards applicable to subdivision applications are contained in Section 26.480.050 of the Code. The standards are provided below, with each followed by a response ciemonstrating consistency and/ or compliance therewithl as applicable. - A. General Requirements a. The proposed subdivision shall be consistent with the Aspen Area Comprehensive Plan. - The proposed project is consistent with the AACP. It proposes residential development within the Aspen town limitsl is located on an existing transit route, and is within walking distance to the commercial core. The site is within a half-mile radius of a transit node as identified on the AACP's future land use map, which has the effect of promoting the use of public transportation among the inhabitants.. In adciition, the affordable housing goals set forth in the AACP will be addressed by the provision of ADUs and/ or cash-in-lieu thereofl as required. ~ McGarvey Subdivision Page 9 """. b. The proposed subdivision shall be consistent with the character of existing land uses in the area. The proposed project is located in a neighborhood of single-family and duplex residences. Indeedl the area to the north is zoned R-6 and the Main Street Office Zone District is located just aCrOSS the alley to the south. The proposed subdivision will result in a density and development pattern that is wholly consistent with the West End neighborhoodl specificallYI and the R-6 zoning in general. The character of the proposed project is compatible with the single-family and duplex residential development of the existing neighborhood. Given that the dimensional requirements of the R-6 zone will be complied withl the result will be site planning that is consistent with that which is typical of the neighborhood. PinallYI development on the site will be required to comply with the Residential Design Standards, thereby ensuring a level of design consistency will all residential development in the area. c. The proposed subdivision shall not adversely affect the future development of surrounding areas. The proposed subdivision will not adversely affect future development of surrounding areas. Any structures built will comply with the requirements of the R-6 zone district and will not encroach onto any surrounding properties. Park development, schoollandl and other impact fees will be paidl as requiredl to offset any impacts of development. If anythingl the development will facilitate redevelopment of surrounding properties by virtue of implementing positive drainage measures and any necessary utility upgrades. The surrounding road and utility systems are more than adequate to support the proposed subdivision. d. The proposed subdivision shall be in compliance with all applicable requirements of this Title. As provided throughout this applicationl the proposed project is and will be in compliance with all applicable requirements of the Code. B. Suitability of land for subdivision a. Land suitability. The proposed subdivision shall not be located on land unsuitable for development because of j1ooding, drainage, rock or soil creep, mudj1ow, rockslide, avalanche or snowslide, steep topography or any other natural hazard or other condition that will be McGarvey Subdivision Page 10 harmful to the health, safetYI or "welfare of the residents in the proposed subdivision. The proposed project is not located on land considered unsuitable for development. The site is essentially flat, it is developed, and it is surrounded by developed properties. The property contains existing development that is not and has not been subject to geologic or other hazards. The proposed project will not be harmful to the health safety, or welfare of the future residents. b. Spatial pattern efficient. The proposed subdivision shall not be designed to create spatial patterns that cause inefficiencies, duplication or premature extension of public facilities and unnecessary public costs. The proposed project has not been completely designed, howeverl the proposed lotsl as illustrated on the Proposed Platl are organized to minimize driveway length, and require neither an extension of public facilities nor incurrence of unnecessary public costs. No inefficiencies, duplication or premature extension of public facilities will occur as the property and surrounding area are already developed and served by public facilities and services. The cost of any necessary utility extensions or upgrades will be borne by the applicant. 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 [omitted] conditions are met; The proposed subdivision will comply with the improvements set forth in Chapter 26.580. Iheilllprovements will also comply with the design standards 'contained in said Chapter. In the event that any variances from the engineering design standards become necessary due to unforeseen circumstancesl special review approval will then be sought. - Permanent survey monuments, range points and lot pins will be placed to the extent required. The surrounding streets are already paved and adequate to support the proposed subdivision; there will be no roadways internal to the subdivision. The alley is in adequate condition and needs not be upgraded or otherwise improved. There are street name signs existing, and a fire hydrant and stop signs already exist at the intersection of North Fourth and West Bleeker Streets. . Th.~r~. is al~oi:1.str~~t light at the corner; if additional street lighting is tequiredl the applicant will install such in accordance with the directions and standards of the City. There are no sidewalks in the West End neighborhood ",.., McGarvey Subdivision Page 11 - and no plans for development of sidewalks. Curb and gutter improvements will be made as required. The Applicant will enter into a Subdivision Improvements Agreement (SIA) with the City binding the subdivision to any conditions placed on the development order. This will be done concurrently with the preparation and recordation of the Final Subdivision Plat. All required elements of the SIA will be provided for review by the Community Development Director, the City Engineer, and the City Attorney. D. Affordable housing. Chapter 26.520, Resident Multi-Family Replacement Program, is not applicable since no multi-family dwellings will be demolished. As explained in the preceding section of this applicationl the applicant will provide affordable housing in compliance with the requirements of Chapter 26.4701 Growth Management Quota System, and more specifically, in accordance with the requirements of Section 26.470.070(A) and (B) of the Code, as applicable. E. School land dedication. This section of the subdivision regulations requires the dedication of land or the payment of an in-lieu fee for each new residential unit in a subdivision. As the property in question contains only 13,500 square feet of land area, the dedication of land would not be appropriate and the payment of cash-in-lieu represents a more fitting option. These payments are required to be made to the City prior to and on a proportional basis to the issuance of any building permits for residential dwelling units. As residences have not been designed for the subject property, the calculation cannot be completed at this time. The Applicant agrees to make the required payments prior to and on a proportional basis with the issuance of building permits for the project. Payments will be based on the applicable formula in effect at the time of building permit issuance for each residence. C. Residential Design Standards Section 26.410.040, Residential Design Standards, of the Code is applicable to all residential development in the City of Aspen, except that within the R-15B zone district. Since the proposed project is residential and is located in the R-6 zone district, Section 26.410.040 must be complied with or variances from specific standards thereof must be obtained. Architectural designs have not been completed for this application. However, it is the intent of the applicant that the McGarvey Subdivision Page 12 standards contained within this Section will be met and/ or the appropriate variances will be requested. -. V. VESTED PROPERTY RIGHTS In order to preserve the land use approvals which may be obtained as a result of this application, the applicant hereby requests vested property rights status pursuant to the provisions of Chapter 26.308 of the Aspen Land Use Code. It is understood that final approval of the proposed development must be granted by ordinance of the City Council to establish such status. It is also understood that no specific submission requirementsl or review criteria other than a public hearing, are required to confer such status. Finally, the applicant understands that the City Council has the option to provide an exemption from expiration of vested rights for this project since it will be comprised of detached residential and duplex units. An exemption application may be submitted at any time prior to the three year anniversary of the effective date of the development order. !lIIlI'!l l!IIIl\ ji) ",." McGarvey Subdivision Page 13 - Exhibit 1: Exhibit 2: i!!'O; Exhibit 3: - f Exhibit 4: Exhibit 5: Exhibit 6: Exhibit 7: ~'. ~ ~ -. EXHIBITS LandUse Application & Dimensional Requirements Forms Pre-Application Conference Summary Proof of Ownership Letter of Authorization for Haas Land Planning, LLC, to represent the applicant Strandberg Lot Split Approval and Recorded Plat List of Property Owners within 300 Feet of Subject Property Signed and Executed Fee Agreement jII'I'l\ ""'" EXHIBIT 1 ~ fI"'l"I ,..... - ,.. PROJECT: LAND USE APPLICATION ~ Name: McGarve Subdivision Location: 433 W. Bleeker Street (Lot 1, Strandber Lot S lit - aJk/a Lots A-D & W~ LotE, Block 37, Townsite of As en (fudicate street address, lot & block number, legal description where appro riate) 21-:36- (;2 - ApPLICANT: "." Name: JNM Bleeker Street, LLP, c/o James N. J\1c:Garvey, Jr., Partner Address: 432 Osceola Ave.; Jacksonville Beach, FL 32250 Phone #: 409 247 - 9160 REPRESENTATIVE: Name: Haas Land Plannin,g, LLC --- Mitch Haas Address: 201 N. Mill Street, Suite 108; Aspen, CO 81611 Phone #: (970) 925 - 7819 " TyPE OF APPLICATION: (please check all that apply): o Conditional Use D Conceptual PUD o Special Review 0 Final PUD (& PUD Amendment) o Design Review Appeal 0 Conceptual SPA ~ 0 GMQS Allotment g, Final SPA (& SPA Amendment) ~ GMQS Exemption ItlI Subdivision o ESA - 8040 Greenline, Stream 0 Subdivision Exemption (includes Margin, Hallam Lake Bluff, condominiumization) Mountain View Plane o Lot Split o Lot Line Adjustment o Conceptual Historic Devt. o Final Historic Development o Minor Historic Devt. o Historic Demolition o Historic Designation o Small Lodge Conversion! Expansion ,- f:' o TemporaryUse o Text/Map Amendment o Other: EXISTING CONDITIONS: Lot 1 of the Strandberg Lot Split according to the Plat there?f re~orde~. in Pl~t B?ok" 1 ~<lt Page 1. ic>"' ......' 13,500 square foot lot with a one-story single-family dwelling unit. See detaile>_'i\,,,,"';k',.H~"':-"_-.'::.'~",:i.{,.:;:- ;,: :.-'if'';''''''':'' '" ,.,-.: :.: ", ':__'_~ :'::",^:"","" .,._ Z" :'0 ,;_, "".%..,",;\...: .... . . ',' ". Subdivide the property into two lots: a 7,500 square foot loton the c()r:n~r~n<l a 8,000 square foot lot to its east. .,..., ;ve you attached the following? Pre-Application Conference Summary Attachment #1, Signed Fee Agreement. fiGlr. Response to Attachment #2, Dimensional Requirements Fonn "...,. Response to Attachment #3, Minimum Submission Contents ~Response to Attachment #4, Specific Submission Contents blJ Response to Attachment #5, Review Standards for Your Application FEES DUE: $ 2.1 fJO 5. QQ ~ f ATTACHMENT 2 DIMENSIONAL REQUIREMENTS FORM Project: McGarvey Subdivision Applicant: JNM Bleeker Street, LLP, c/o James N. McGarvey, Jr., Partner Location: 433 West Bleeker Street Zone District: R-6, Medium Density Residential Lot Size: 13,500 square feet Lot Area: 13,500 square feet (for the purposes of calculating Floor Area, Lot Area may be reduced for areas within the high water mark, easements, and steep slopes. Please refer to the definition of Lot Area in the Municipal Code.) Commercial net leasable: Number of residential units: Number of bedrooms: Existing: Existing: 1 Existing: 3 Proposed: Proposed: Proposed: 2 TBD Proposed % of demolition (Historic properties only): N/A DIMENSIONS: Floor Area: Existing: ~ 2.950 Allowable: 4350 _Proposed:_ TBD_ Principal bldg. height: Existing: 1 story Allowable: 25' Proposed: TBD Access. bldg. height: Existing: NI A Allowable: 21' Proposed: _ TBD_ On-Site parking: Existing: 2 Required:_2. Proposed: TBD % Site coverage: Existing: 29.76% Required: 23.75% Proposed:_TBD_ % Open Space: Existing: NI A Required: NI A Proposed: NI A Front Setback: Existing: 6.5' Required: 10' Proposed:_TBD_ Rear Setback: Existing:-.R.._ Required:_l 0' _Proposed:_ TBD_ Combined FIR: Existing: 38.5'_Required:_N/A_Proposed:_N/A _ Side Setback: Existing:_l 0' _ Required:_15' _Proposed:_ TBD_ Side Setback: Existing:_35.5'_Required:_15' _ Proposed: TBD Combined Sides: Existing:_ 45.5'_Required: 43.75' _ Proposed:_TBD_ ,/""i,.' Existing non-conformities or encroachments: Site Coverage. Front Setback. Side Setback (west) V ariations requested: None ~ .. ATTACHMENT 2 DIMENSIONAL REQUIREMENTS FORM III Project: McGarvey Subdivision Applicant: JNM Bleeker Street, LLP, c/o James N. McGarvey, Jr., Partner Location: 433 West Bleeker Street Zone District: R-6, Medium Density Residential Lot Size: 13,500 square feet Lot Area: 13,500 square feet (for the purposes of calculating Floor Area, Lot Area may be reduced for areas within the high water mark, easements, and steep slopes. Please refer to the definition of Lot Area in the Municipal Code.) .. "" .. Commercial net leasable: Number of residential units: Number of bedrooms: Existing: Existing: 1 Existing: 3 Proposed: Proposed: Proposed: ,.. 2 TBD ~ Proposed % of demolition (Historic properties only): N/A DIMENSIONS: Floor Area: Existing: ~ 2.950 Allowable: 4350 Proposed: TBD Principal bldg. height: Existing: 1 story, Allowable: 25' Proposed: TBD Access. bldg. height: Existing: N/A Allowable: 21' Proposed:_TBD_ On-Site parking: Existing: 2 Required:_2. Proposed: TBD % Site coverage: Existing: 29.76% Required: 23.75% Proposed.'_TBD_ % Open Space: Existing: N/ A Required: N/ A Proposed: N/ A Front Setback: Existing: 6.5'_Required: 10' Proposed: TBD Rear Setback: Existing:~_Required:_1 O'_Proposed:_ TBD_ Combined FIR: Existing:_38.5'_Required: N/A Proposed: N/A Side Setback: Existing:~~ Required:_15' _Proposed:_ TBJ)_ Side Setback: Existing:_35.5'_Required: 15' Proposed: TBD Combined Sides: Existing:_ 45.5'_Required: 43.75' _ Proposed: TBD ,,,.. "" I"'" ,f ,,,,", .- Existing non-conformities or encroachments: Site Coverage. Front Setback. Side Setback (west) "'" Variations requested: None .,.. ,... - LAND USE APPLICATION PROJECf: Name: McGarvey Subdivision 433 W. Bleeker Street (Lot I, Strandberg Lot Split) - a!kIa Lots A-D & Wl;2 Lot E, Block 37, Townsite of Aspen (Indicate street address, lot & block number, legal description where appropriate) 21~6 .. { ;2. Af~ l<~;,1. 'Ci5} Location: ApPLICANT: Name: JNM Bleeker Street, LLP, c/o James N. McGarvey, Jr., Partner 432 Osceola Ave.; Jacksonville Beach, FL 32250 Address: Phone #: (409) 247 - 9160 REPRESENTATIVE: Name: Haas Land Planning, LLC --- Mitch Haas Address: 201 N. Mill Street, Suite 108; Aspen, CO 81611 Phone #: (970) 925 - 7819 TYPE OF APPLICATION: (please check all that apply): o Conditional Use 0 Conceptual PUD o Special Review 0 Final POD (& POD Amendment) o Design Review Appeal 0 Conceptual SPA -- 0 GMQS Allotment ~ Final SPA (& SPA Amendment) ~ GMQS Exemption ltlI Subdivision o ESA - 8040 Greenline, Stream 0 Subdivision Exemption (includes Margin, Hallam Lake Bluff, condominiumization) Mountain View Plane o Lot Split , 0 Lot Line Adjustment o Conceptual Historic Devt. o Final Historic Development o Minor Historic Devt, o Historic Demolition o Historic Designation o Small Lodge Conversion! Expansion o Temporary Use o Text/Map Amendment o Other: EXISTING CONDITIONS: Lot 1 of the Strandberg Lot Split according to the Plat thereof recorded in Plat Book 14 at Page 1. 13,500 square foot lot with a one-story single-family dwelling unit. See detailed description in the application, J Subdivide the property into two lots: a 7,500 square foot lot on the comer and a 6,000 square foot lot to its east. ive you attached the following? Pre-Application Conference Summary Attachment #1, Signed Fee Agreement GXi Response to Attachment #2, Dimensional Requirements Form Response to Attachment #3, Minimum Submission Contents ~Response to Attachment #4, Specific Submission Contents ~ Response to Attachment #5, Review Standards for Your Application FEES DUE: $ 2"B05. Q.Q - fJ""&, EXHIBIT 2 - I""" ,. , "'" _J!. CITY OF ASPEN PRE-APPLlCA liON CONFERE.NC5.. ~lJl\JI.I\JIAR'Y ".,., PLANNER: PROJECT: REPRESENTATNE: OWNER: TYPE OF APPLICATION: DESCRIPTION: James Lindt, 920.5095 DATE: 1/30/04 433 W. Bleeker Mitch Haas James McGarvey Subdivision, GMQS Exemptiotls forreplacement of demolished units. The prospective purchaser of 433 W.Bleeker would like .to subdivide the property into two (2) lots of greater than 6,000 square feet for the purpose of constructing a single-family residence on each of the newly created parcels. There is currently a single-family residence located on the property, but the property is large enough to accommodate a duplex under the current R-6 zoning. - The Applicant has expressed intent to obtain two (2)GMQS exemptions for the replacement of dem()li$h~dunit$iJ:1grdertohllY~ ~Bmsi~tq~,,~loPll1ent rights to construct a single-family residence on both of the parcels to be created thr-ough the subdivision. The City Attorney has been consulted about \Vhether.the Applicant would need to first convert the existing single-family residence into a duplex to obtain two (2) GMQS exemptions. The City Attorney and Staff felt that it would be wasteful to require the Applicant to ... convert the single-family unit into a duplex just to tear it down. Therefore, unless City Council disagrees with staffs opinion on this matter, Staff does :not feel that the Applicant would have to first convert the existing single-family dwelling unit into a duplex. - Land Use Code Section(s) 26.470.070(A)(2) Growth Management Quota System- Exemption for reconstruction of demolished units 26.480 Subdivision Review by: Staff for complete application, Development Review Committee for technical considerations, P & Z for recommendation, City Council for final decision. Yes, at P & Z, and Council 2nd Reading of Ordinance. Engineering. Planning Deposit $2,620 for 12 hours of staff time (additional staff time would be billed at $220 per hour) Engineering $185 $2,805 Public Hearing: Referral Agencies: Planning Fees: pII!II>, Referral Agency Fees: Total Deposit: .- To apply, submit the following information: 1. City of Aspen Land Use Application Form. ""'. 2. Total Deposit for review of application. 3. Applicant's name, address and telephone number, contained within a letter signed by the applicant stating the name, address, and telephone number of the representative authorized to act on behalf of the applicant. Street ~ address and legal description of the parcel on which development is proposed to occur, consisting of a current certificate fr()rn atitleiJ:1~llrllnsecol11pany, o~ attorI'ley licensed to practice in the State of Colorado, listing the names of all owners of the property, and all mortgages, judgments, liens, easements, contracts and agreements ~ affecting the parcel, and demonstrating the owner's right to apply for the Development Application. 4. An 8 1/2" by II" vicinity map locating the parcel within the City of Aspen. 5. Signed fee agreement. 6. Pre-application Conference Summary. 7. A site improvement survey that includes all existing and proposed natural and man-made site features. 8. A draft subdivision plat as discussed at the preapp. - 9. A written description of the proposal and a written explanation of how a proposed development complies with the applicable review standards relevant to the development reviews (Subdivision, GMQS Exemptions) required. 10. A copy of the recorded documents that affect the proposed development. 11. Proof of ownership. 12. List of adjacent property owners within 300' for public hearing. The GIS department can provide this list on -'mailing labels for a small fee. 920.5453 11:. RCopies of the complete application packet (items 3-12). 14. 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. Process: Apply. Case Planner reviews application for completeness. The Case Planner then refers the application to the Development Review Committee for technical considerations. Case Planner subsequently takes the application to the weekly staff meeting to establish a staff recommendation. Public hearing dates are then assigned by the Deputy Director of Community Development in conjunction with the Case Planner. A public hearing is held before the Planning and Zoning Commission to establish the Commission's recommendation to City Council regarding the Subdivision portion of the application. A First and Second Reading (Public Hearing) of the Ordinance is then reviewed by City Council for a fmal decision. If the application is approved, the applicant will have to prepare a Subdivision Plat for recordation at the Pitkin County Clerk and Recorder's office. Disclaimer: The foregoing summary is advisory in nature only and is not binding on the City. The summary is based on current zoning, which is subject to change in the future, and upon factual representations that mayor may not be accurate. The summary does not create a legal or vested right. ,..-:1"\ ~ 9. A written description of the proposal and a written explanation of how a proposed development complies with the applicable review standards relevant to the development reviews (Subdivision, GMQS Exemptions) required. 10. A copy of the recorded documents that affect the proposed development. 11. Proof of ownership. 12. List of adjacent property owners within 300' for public hearing. The GIS department can provide this list on -'mailing labels for a small fee. 920.5453 li ~Copies of the complete application packet (items 3-12). 14. 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. Process: Apply. Case Planner reviews application for completeness. The Case Planner then refers the application to the Development Review Corrnnittee for technical considerations. Case Planner subsequently takes the application to the weekly staff meeting to establish a staff recommendation. Public hearing dates are then assigned by the Deputy Director of Community Development in conjunction with the Case Planner. A public hearing is held before the Planning and Zoning Commission to establish the Commission's recommendation to City Council regarding the Subdivision portion of the application. A First and Second Reading (Public Hearing) of the Ordinance is then reviewed by City Council for a fmal decision. If the application is approved, the applicant will have to prepare a Subdivision Plat for recordation at the Pitkin County Clerk and Recorder's office. 41 I> ,. Disclaimer: The foregoing summaiy is advisoiy in nature only and is not binding on the City. The summaiy is based on current zoning, which is subject to change in the future, and upon factual representations that mayor may not be accurate. The summaiy does not create a legal or vested right. liiiiiI !""" ,~ ~ CITY OF ASPEN PRE-APPLICATION CONFERENCE SUMMARY PLANNER: PROJECT: REPRESENTATIVE: OWNER: TYPE OF APPLICATION: DESCRIPTION: James Lindt, 920,5095 DATE: 1/30/04 433 W. Bleeker Mitch Haas James McGarvey Subdivision, GMQS Exemptions for replacement of demolished units. The prospective purchaser of 433 W. Bleeker would like to subdivide the property into two (2) lots of greater than 6,000 square feet for the purpose of constructing a single-family residence on each of the newly created parcels. There is currently a single-family residence located on the property, but the property is large enough to accommodate a duplex. under the current R -6 zoning. The Applicant has expressed intent to obtain two (2) GMQS exemptions for the replacement of demolished units in order to have sufficient development rights to construct a single-family residence on both of the parcels to be created through the subdivision. The City Attorney has been consulted about whether the Applicant would need to first convert the existing single-family residence into a duplex to obtain two (2) GMQS exemptions. The City Attorney and Staff felt that it would be wasteful to require the Applicant to convert the single-family unit into a duplex just to tear it down. Therefore, unless City Council disagrees with staffs opinion on this matter, Staff does not feel that the Applicant would have to first convert the existing single-family dwelling unit into a duplex. Land Use Code Section(s} 26.470.070(A}(2} Growth Management Quota System- Exemption for reconstruction of demolished units 26.480 Subdivision Referral Agency Fees: Total Deposit: Staff for complete application, Development Review Committee for technical considerations, P & Z for recommendation, City Council for final decision. Yes, at P & Z, and Council 2nd Reading of Ordinance. Engineering. Planning Deposit $2,620 for 12 hours of staff time (additional staff time would be billed at $220 per hour) Engineering $185 $2,805 Review by: Public Hearing: Referral Agencies: Planning Fees: To apply, submit the following information: 1. City of Aspen Land Use Application Form. 2. Total Deposit for review of application. 3. Applicant's name, address and telephone number, contained within a letter signed by the applicant stating the name, address, and telephone number of the representative authorized to act on behalf of the applicant, Street address and legal description of the parcel on which development is proposed to occur, consisting of a current certificate from a title insurance company, or attorney licensed to practice in the State of Colorado, listing the names of all owners of the property, and all mortgages, judgments, liens, easements, contracts and agreements affecting the parcel, and demonstrating the owner's right to apply for the Development Application, 4. An 8 1/2" by 11" vicinity map locating the parcel within the City of Aspen. 5. Signed fee agreement. _~ 6. Pre-application Conference Summary. 7. A site improvement survey that includes all existing and proposed natural and man-made site features. 8. A draft subdivision plat as discussed at the preapp, - jiiiIfI., ~ ~, 1IIlo\ ~ - EXHIBIT 3 ::.:.:....i: , '.~'" . .... ... ,...., -. ~' ~ ti1 o U) \P '--- 1- ...f/II'I'>,.,. n..... <.J .~. ~- ".... fI'I'i;, ~ ,,...., ..'. ... .;.... .. .. ..........."... .. .;:'.::: .'. ~. ." df -0- SPECIAL WARRANTY DEED THIS DEED, Made February 4, 2004 between JAMES N. MCGARVEY, JR. AND PAULA S. MGGARVEY of the County of Dl.A. vo...-\ and State of FLORIDA, . of t?~ryrst~~rt,9F{.Ar-J1.()BClndJNMI3LE:E:KER STREEET, LLP whose legal address is: 432 OSCEOLA AVE, JACKSONVILLE BEACH, FL 32250 of the County of -:D u. if 0-.... \ State of FLORIDA, of the sec,ond part, GRANTEE WITNESSETH, That the said parties of the first part, for and. in consideration of the sum of Ten dollars and other good and valuable considerations, to the said parties of the first part, in hand paid by the said parties of the second part, the receipt whereof is hereby confessed and acknowledged, has granted, bargained; sold and conveyed and by these presents do grant, bargain, sell, convey and confirm unto the said parties of the second part, its successors and assigns forever, all the following described lots or parcel of land, situate, lying and being in the County of and State of COLORADO, to wit: LOT 1, STRANDBERG LOT SPLIT according to the Plat recorded October 18, 1982 in Plat Book 14.atpage J. Together with all and singular the hereditaments and appurtenances there-unto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and all the estate, right, title, interest, claim and demand whatsoever, of the said parties of the first part, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances; TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the said parties of the second part, its successors and assigns forever. And the said parties of the first part for themselves, their heirs and assigns do covenant, grant, bargain and agree to and with the saidparties of the second part, their successdrsand assigns, the above bargained premises in the quiet and peaceable possession of said parties of the second part, its successors and assigns, against all and every person or persons lawfully claiming or to claim the whole or any part thereof, by through or under the said parties of the first part to WARRANT AND FOREVER DEFEND. The singular shall include the plural, the plural the singular, and the use of gender shall be applicable to all genders. PAGE 2 - SPECIAL WARRANTY DEED WITN(~~: i1:S of the firot part have hereunt:::~:) and seal(s) 1\MES N. MCGARVEY, JR. P1f3LA S. MCGAR~~ STATE OF f! 0'('" I dC\ ) ss COUNTY OF DUo '1/<>- \ ) The foregoing instrument was acknowledged before me this 3rcl day of ~(~bY--lAAJ),-\ ,2004 By: JAMES N. MCGARVEY, JR. AND PAULA S. MCGARVEY 6 WITNESS my hand. and official seal "~tNU~d~ Notary Public my commission expires: .:-..~*~lr9.;;:"~ Patricia H. Kelley tr~"'f:~ MY COMMISSION # D0101492 EXPIRES ~.~~-\>_: May 21, 2006 ""/:r:';:jf::~~";""'" BONDED T'HRU T~OY FAIN INSURANCE. rNC PCT18505A The person authorized to receive this document is: JAMES & PAULA MCGARVEY 432 OSCEOLA AVE. JACKSONVILLE BEACH, FL 32250 rtB-02-04 MON 01:05 PM FAX NO. P. 02 PARTNERSffiP REGISTRATION STATEMENT 1.__ IN[-1 Bled<:er street, L.LP (Name of Partnership ) 2._ FloridaLPuypl count~ (StatelConnty of Fonnation 3. Applied For (FEl Number) 4.____--!~scEX?la Avenue, Jacksonv1.1J.e Beach, ,Jrlorida 32250 (Street Address of Chief Executive Office) 5._...___ 432 (~c~l<:-_~\ven1Je, Jacksonville Beach, Florida 32250 -_.._--..~_._--.. (Street Addros~ ofPrin~ipal OfficeinF1o~ida.if applicable) -. 6. In accordance with s. 620.8105(1)(c)(1 & 2), Florida Statutes, required partner information is provided in one of the following options: o Attached is a list of the na.mes and mailing addresses of ALL partners and Florida Registration Numbers, if other than individuals, or: [) The name and s lrect address of the agent in Florida who shall maintain a list of the names and addresses of all partller~: IF OTmR THAN INDl'VIDUAL, FLORIDA REGISTRATION NUMBER NAi\1'E&FLORIDAS'TREET ADDltESS OF FT~ORmA AGENT _IS..~!:.l:!~~ IblJ-ycook Cold One IndepE'ndo~:t Drive, Suite 2301 Jacksonville, FrJ 32202 ---~--..._-- If any of the partners are other than individuals, its entity name and Florida Registration Number must be listed below: --...--.---- -_.__.__._-~._--.- ------~-_.- Florida Document Number Partner Entity Name ~ The execu.tion of this statement as a partner constitutes an affirmation under the penalties of perjury that the facts, stated herem arl~. tt:lJ Signed this -.2:-=:-__day of Signatures of IWQ Partners: ,~ Typed or plinted names of partners signing above: J~s N. t.1cC"YlY"l.lAY. ,Tr. Paula McGarvey , ;;;~J~1!~~:~;~ii:':?i~;X:,t;;:~:~$~:~~;~J.Jf~~~d*~j~; :Cert'(fka:le ',6fS tatUs;; j' :'};,;::S:;' '8:7 5'(optiona1t ' " . :.~!.: .~; y;~5:r"..:~ :~~, \ ~.:; ":": d>'.:;:~' .~,::':j>>.:< '::V:.,:.;-;<Y~ ';~:<-J i~ ::.i::?f.~1"~~;,(~, piYi~i?!IofCorporations P.O. Box 6327 Tallahassee, FL 32314 , FEB-02-04 MON 01:06 PM FAX NO. P. 03 ST ATEMENT OF QUALIFICATION FOR FLORIDA OR FORlf,IGN LIMITED LIABILITY P ARTNERSIDP 1. The name of the partnership as identified in the records of the Florida Department of State: JNM Bleeker street, IJ..P ---..----..--..-----'. InscD: paltnershi"p's Florida registration number: or Attach completed Partnership Registration Statement and $50 filing fee. 2. Suffix adopted for the above named partnership: LLP ("Regi.~t()fed Limited Liability Partnership," "Limited Liability Partnership," "R.L.L.P "n "L,L.P.," "F.LLP ," or, "LLP") ,....", 3. The street address of its chiefexecl1tive office: 432 osceola Avenue (if different flom CUITont rccord~d address): Jacksonville Beach, Florida 32250 4. The street address of principal office in Florida: (if different from abovo) 5. The name and Florida street address ofthe partnership's agent for service of process: KathleE'ln Holbrook Cold --' ..____,-.9,n0:-..J!.!.9.9~dent Drive, Suite 2301 ____.--2ilcksonville , Florida 32202 6. This partnership hereby elects to be a limited liability partnership. 7. The effective. date of this filing shall be: __1L-_ as of the date this document is filed with the Florida Secretary of State or a date later than the time of filing: The execution of this statement as a partner constitutes an affim1ation under the penalties of petjury that the facts stated herein are uue. ' JUl Signed this d..:--- dRY of Signature of TWO P,utners: / Typed or printed names of pa signing above: James N. McGarvey, Jr. Paula McGaxvey Filing Fee: $25,00 Certified Copy: (Optional): $52.50 Certificate of Status Optional): $8.75 INHS67(1/OO) FEB~03-04 TUE 10:47 AM Department of State 2/3/2004 10 11 PAGE FAX NO. 111 RightFAX P. 03 February 3, 2004 FLORIDA DEPARTMENT OF STATE ' Glenda E: Hood Sea-clary of State HOLBROOK, AKEL .. The Partne~ship Registration Statement for JNM BLEEKER STREET, LLP, a Florida par.tnership, was filed on February 2, 2004. The document number assigned to.~hls filing is GP0400000240. This document was electronically received and filed under FAX audit number EGP040000088. .. Please he aWare if the partnership address ohanges, it is the responsibility of the partnership to notify this office. Should you have any questions regarding partnerships I please contact this offj.ce at the address given below. Sincerely, Trevor Brultibley DOCUlllent S:pecii~U.st Partnership SeQtion Division of Co~porations Letter Number: 204A000070S6 ~ I Division of' Co.r:po:rations - P.O. Box 6327 - Tallahassee, Florida 32314 e-, rt~-Uj-Uq lUt lU:4( AM , Depa.rtment of Stale 213/2004 10: 11 PAGE FAX NO. 1/1 RightFAX P. 02 ~~ J?LORIDA DEPARTMENT OF STATE Glenda E; Hood Secretary of State February 3, 2004 HOI.BROOK, .lU<EI, The Statement of Qualification for JNM BLEEKER STREET, LLP, was filed on Febr.uary 2, 2004. The document number assigned to this filing is LLP0400001~11. This documltmt Has electronically received and filed under FAX audit number EGP040000087. Please be ciwarfa if the address changes, it is the responsibility of the limited liability partnership/limited liability limited partnership to notify this office. An annual repoxtjuniform business report will be due this office between January 1 and Hay 1 of the year following the calendar year of the file date. A FederCll Employer Idel1tification (FEI) number will be r,equired before this report can be filed. Please apply NOW with the Internal Revenue Service by calling 1-800-829-3676 and requesting form 33-4 Should you have tiny questions regarding this filing, please contact this office at the addJ:ess given below. Sincerely, 'rrevor Brumbley Document Sp.ecialist Partnership Secti.on Division of Corporati.ons Letter Number: 404A00007057 Division of Co~poration5 - P.O, Box 6327 - Tallahassee, Florida 32314 " EXHIBIT 4 ~, III""; -, ~ ~\ -- February 1, 2004 Aspen Community Development Department 130 South Galena Street Aspen, CO 81611-1975 Re: McGarvey Subdivision and GMQS Exemptions Application To whom it may concern: r hereby authorize Haas Land Planning, LLC, to act as the d~~igrtated and aUtllorized representative of JNM Bleeker Street, LLP, with respect to the land use application being submitted to your office for my property located at 433 West Bleeker Street (parcel ID No.2735-124-42-001). Haas Land Planning, LLC, is authorized to submit an application for Subdivision, GMQS Exemptions, and any ()theriIlci<i~Iltal reyiews. HaCiS, La.ndPlanning, LLC, is also authorized to represent me in meetings with City staff, boards, colllmissions, and the City Council. Should you have any need to contact me during the course of ,yoll.freView, please do so through Haas Land Planning, LLC, whose contact information is provided in the application. Sincerely, ~d es N. McGarvey, Jr., Partner M Bleeker Street, LLP EXHIBIT 5 ~ - / "'" MEMORANDUM TO: FROM: RE: DATE: Aspen City Council Planning Office. Alice Davis Strandberg Lot Split - Subdivision Exception September 27. 1982 APPROVED AS TO FORM: Location: Lots A. B. C. D. E. F and the west ~ of Lot G. Original Townsite - 433 West Bleeker Street. Zone District: R-6. Lot Size: 19.600 square feet. The applicant is requesting approval of a subdivision exception in order to accomplish a lot split pursuant to Section 24-1l.2(d) of the Code. Planning Office Review: Section 24-11.2(d) of the Code allows a lot split as an exception from GMP procedures. A lot split is allowed provided: 1) The tract of land which is being divided has a pre-existing dwe 11 ing. and 2) No more than two lots are created. Planning Office review shows that there is an eXisting single ly residence on the tract of land being divided which will be located on a 13,500 square foot parcel after the lot split occurs. The newly created lot will be 6,000 square feet and can only be : developed wi,th a single-family residence. Both new lots are within the minimum lot size requirements of the R-6 zone district. Referral Comments: Engineering Department After reviewing the appl ication the Engineering Department had the following comments; "The plat as submitted would appeClr to be suffi:cient for subdivision purposes. The only further requirement for thi,s applicant should be that both resulting lots be required to jOin a sidewalk improvement district in the event one is formed. 1.1 1""'1 Planning Office and P & Z Recommendation: ~ ThePl anning Office and Planning and Zoning Commission recommend that City Council approve the Strandberg Lot Split subject to the fol1owing~ . The. sU~diyi~i()11 pl at he approved by the Engineertng Department. 2) The applicant be required to jOin a sidewalk improvement dis- tri,ct for the two resulting lots. in the event one is formed., Council Motion: Should Council concur with the Planning Offtceqnd p & Z J'ecommen~ dations. the appropriate motion is as follows,: - "-/'>'<>:'\C-\<;:;~-;:-'" <;:,'<'_,:i/-'! > "';C":,;'; ~'-i{;';,~:::;j-,J; :"s,;;Y>"~'>;'L;X> ;" Memo: Strandberg lot Split Page Two September 27. 1982 "Move to grant subdivision exception for the Strandberg Lot Split subject to the following' conditions:' l} The subdivision plat be approved by the Engineering Department. 2) The applicant be required to jOin a sidewalk improvement dis- triGt for the two resulting lots, in the eventone is formed." iI""t- 1 I '~ ; ~"~I'..' ;<,c ~,. . 'c_'." '. --. !ii, (ttt~ G~ "",1 ! \; : /J;,i . '--~~ ~I" t', ':) ..- :" :I '.. "R em 0~,..:... ~.~,.~I.,. . : .~~, i ";;' f~ -10.~ ~... T'-. i .. "i' _ ". ; .;.. ~ . : ;,.. :;. : ': :..'~ ',:. 434 ,4 ~f; OOOK _ 1',~,l:..L'..'~ DECL.ARATlON OF RESl'RICTIVJ!: UONENANTS Jom,x. 'S'mANDB:ii:RG and JANE T. S'rRJ\l..1DBERG (hereinaf'ter known as 1l00venantors") 1'o,r\:thfin~e:tve8, their heira, successors and assigns, in consideration ot" the graIit1rig, 'by the 01 ty of Aapen, i'itkin County, Oolorado, of a Subdivision EX~Ei~'tIo'n in order to accomplish a lot split with respect to the following d esei"ib'edreal property, hereby covenant with said <h ty of Aspen to restrict sSid'>:I>ro}ierty, arid hereby do restri~t said p;raperty, as follows: 1,. CO"{(Ulantors state that they are the owners, as Joint tenants, of the roll~rw.~de,seribed property situate in the County of Pitkin, Stateo! COlofado, to wit: .. . .A11of'Lots A, .8, C, D and the West one half' of Lot E {Lot ONE of the STR.AlU)~lc:lt SpHr.) and tl;1e Ea,st one half 01" Lot E, all of Lot F, end the Wei!t~"one'#aL!'Of,Lo:l; G (Lot 'M) of the 6'TRilNDBERG Lot Split}, all in Block 37, Ci~i:,~teilp..Tolm81te'or Aspen. 2~ In the eTant a sidewalk improvem!>nt district is famed which would inclUde,.theabciveqe scribed real. property, COTenantors hereby agree, upon damand 'ther~for by said City of Aspen, to join.suchdistrict. INw;r~~F, this Declaration has been, d~ly executed daY':()f0~pt.embor, 1982. . 0::. C"...J w = <>::0 - W a:: :::E: :;;C,Q 0- ze.:>' 4W !D CQ,a::: .::r -<! ,..: 1=1- we.:> cc:z:: = 0;:;;: ..J!;:: 't; a... = ~t;f;A.J this ."U':). CQIiENAN'.OORS : i..b , OJ 3~~ . J[ J 0 STRANDBEro . ~... .L_... :), ..O~~.ft~,J~- ~e T. STRAND.BXF~ "Q:" , ..q7. C'-l $TJi.'rE OF COLORADO }, ,- ) Cduuty of Pitkin } 'I"ne.foI'egoing instrumellt was acknowledged before me this -4t1;tzJ dey of Septealtb~r,,'1982 by John J. Strandberg and Jane T. Strandberg, Uovenentors. ss. Wl'INESS :l4~ lliUID AND OynClAL SEAL )1/aJU)) ~*-J-~IJfljJ. {].~ ..,\" ,,\,.,~ \J ll~ i . i ...,...... ("\.~ ~..' . _. - ,', ~ ...."~... 11 '.. .:: v'. hn " ~ ... -: / .v iA11'\ -CD:'~j :: ..,.. :,4. c;.~,.,," . - ,"",'.'v. S ~\:;. BLf C "---_..._. o;..::,f..!.;.., ,,':; ..." COI 'JI'." lJy C<:l11lIll1elllon (~. ~".' .~~? ~ ~~~ ~ Not Public Address:~. . !.. ~ . . Y/l,;1 -....-'-""'" - --", .. i" . j 1 11 \ \ 1'1 [~ r:Jf) \ I \ I \ \ ! \ I \ \ \ I \ \ \ \ I \ \ \ \ \ \ \ \ \ I ".--'",._"._.--._.._-"---_.._-'-_...,._....,.."........,_......~.__.....,..__..._,-,-_.",..,..,_.._-_..,...~...,_..........~......._'....,....,....-....,.,...'..'.-'..." 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U ~;I\H ~h!ri~: ~\li ?~, ~:; :::1\ 'i~, ~f;;t \J\i~i~ t3t.i~l I,:llci~ ~~<~, L..iljt..i',r.. !:"~......il'.'>; " ,".., " G, ~'~ t~ ~.,,3 P-Jt;! ,J ((,:\ Qif\"'jlCt ~\~ ~~ t\ ~l ~~l :~i:9 ~ ;;; ~ u 'J :';..:"~ ~ '~ ~...... , 'lI.r ':ce"" ., fl. .~! r~. u ~J '~,r. ~ ~',~..-. ,,~ %~ ~~~'" '~..... ~~,~ z) ~~~,~ i;>'''') t~ ), t ~ ~ ~1: ~G: ~ ~;, ~ -, ~',~","".. \~~t.:;, ~' ~ lR. ~ ,,-, "'~\II~ ~5:. cJ<ii:; ,.,/\ (}\\ '" t\:; ~~. .V' ~~(, ak '<J ~ ,,~"i. :;n~: .::t:t , d'e,r' ., ',*4>, "~ - ~>> P;"""l ~:-~. ~ ~;;;i w-- \'~, ' '. -,..' ""'" ...., ... EXHIBIT........b - ~~ ."... Smooth Feed Sheets™ 501 WEST MAfNLLC r"314 S GALENA ST #200 ; ASPEN, CO 81611-1818 L. .; - , -, ASPEN HOUSING LLC 233 MILWAUKEE ST ~PENVER, CO 80206 ~, ". ~i\SPEN SQUARE CONDOMINIUM ASSOC 617ECOOPERAVE .... . . riSPEN, CO 81611 r~ARKER JACK 1/2 INT '~.;)O BOX 7943 ASPEN, CO 81612 f- ~LEEKER STREET PARTNERS II 1\D1.NMILL ST STE 102 r 'sPEN, CO 81611 OF ASPEN ~10S. GALENA ST h\'SPEN, CO 81611 1Il'ro\ t,\=RGU$ ELIZABETH DAWSON PO BOX 1515 ~SPE~, CO 612 ;;,. ~\ :t\ISFIELD AUDREY LEA fe""l.' , ;.!'5 E MAIN ST ASPEN, CO 81611 ~OTEL ASPEN CONDOMINIUM ~.;SOCIATION ,~!jO EHOPKINS AVE STE 304 ASPEN, CO 81611 ILGEN EILEEN L & JACK D & ELOISE ~8 W MAIN ST i3PEN,CO 81611 ._, .AVERY@ Address Labels Use template for 5160@ ALH HOLDING COMPANY Gl)NNJSQN 43SWMAINST ' ' ., .,. , ASPEN, CO 81611 Ah.PINI::..J?AJ:\j.K.,ASPI::N 600 E HOPKINS AVE ASPEN, CO 81611 ASPEN MESA STORE LLC 500 W MAIN ST ASPEN, CO 81611 ASF'.EN BE:TIN[\SURGEONS LLC 5014 WOODHURST LN MINNETONKA, MN 55345 ASPEN ULLR HOUSING LLC 120E MAIN ST ASPEN, CO 81611 BAILEY RYAN 1994 TRUST 50% C/O JANUS CAPITAL 620 E COOPER ASPEN, CO 81611 BAUER WALTER F FAMILYJRUST 15935 VALLEY VISTA ENCINO, CA 91436 BE:GK C3.L.E:NNA 16640 0 STREET VICTORVILLE, CA 92392 BLEEKER STREET PARTNERS II PO BOX 8837 ASPEN, CO 81612 CAR.INTHI[\ .GORP 45 E LUPINE DR. ASPEN, CO 81611 ,.... .. ", ,.., ." ..... " ",',' ','n' ....,." COMCOWICH WILLIAM CHARLES CATHCART PO BOX 1374 ASPEN, CO 81612 DESTINATION RESORT MGMT INC 610 WEST END ST ASPEN, CO 81611 FISCHER SISTIE 442Wl3LEEKER ASPEN, CO 81611 FRIAS PROPERTIES OF ASPEN LLC 730 E DURANT ASPEN, CO 81611 HENRY KRISTEN 525 W HALLAM ST ASPEN, CO 81611-1246 HILLMAN DORA B TRUST 504 W BLEEKER ASPEN, CO 81611 HOUGH JENNINE 265 BRIGHTON RD NE ATLANTA, GA 30309 HUNT ROGER H PO BOX 3944 ASPEN, CO 81612 JANSS MARY TRUST 403 W HALLAM ASPEN, CO 81611 MAC DONALD BETTE S TRUST 15 BLACKMER RD ENGLEWOOD, CO 80110 laser 5160@ Smooth Feed Sheets™ MYERS JOSEPH V JR 421 W HALLAM ST ASPEN, CO 81611 :~ PATRICK JAMES K 417W HALLAM ST ASPEN, CO 81611 SCHOEBERLEIN DEBORAH & JOSEPH 659 LINCOLN AVE CARBONDALE, CO 81623 STRANDBERG JOHN J & JANE T C/O BOA-HACKER PO BOX 419119 KANSAS CITY, MO 64105-2100 WALNUT CREEK RANCH LLC 4520 MAIN ST STE 1050 KANSAS CITY, MO 64111-1816 raAVERY@ Address Labels Use template for 5160@ NATIONWIDE THEATRE;.S90RPQRA TION A CALIFORNIA CORPORATION 120 N ROBERTSON BLVD LOS ANGELES, CA 90048 NORTH AND SOUTH ASPEN LLC 200 S ASPEN ST ASPEN, CO 81611 RICHTER SAM 7874 AFTON VILLA CT BOCA RATON, FL 33433 RISCOR INC 2651 N HARWOOD ST #335 DALLAS, TX 75201-1576 SEALS JOHN R & CAROLYN 4410 MEDICAL DR #400 SAN ANTONIO, TX 78229 STILWELL REED & CLAIRE 191 UNIVERSITY BLVD #714 DENVER, CO 80206 ULLR HOMEOWNERS ASSOCIATION 600 E HOPKINS #304 ASPEN, CO 81611 WAGNER HOLDINGS CORPORATION LLC CIO BILL POSS 605 E MAIN ST ASPEN, CO 81611 WM HOLDINGS LLC CIO KELLY MITCHELL 300 B MBC ASPEN, CO 81611 WOLOFSKY MOIRA 129 CLARENDON AVE PALM BEACH, FL 33480 ,..... ~ ,,-'I f;..' .~ ,.. ,... Laser 5160@ ~ - k , ',..! ~ ,.. ,.. EXHIBIT 7 ~, - ~ #j., ....., erN OF ASPEN eOMMUNI1'YQFNEb()PIVlt:;f'I'TD~P~R...>.'T.....,ME~'T ...., ..',..., ' ,. .,,' "'",.,.., .". .,','.. ~ Asueement for Pavment of City ~f Asoen Deve!ooment ~1;l~I~~,~~on Fees CI1'Y OF A.s:PgN (hereinafter CITY) and JNM Blee.ker Street. LLP. c/o JlUlle.sl'i.l\1:cc;~rv~v. ~r~. Partner. (hereinafter APPLICANT) AGREE AS FOLLOWS: ," .., , . , 1. APPLICANT has submitted to CITY an application for Subdivision andGMQS Exemotions (hereinafter, THE PROJECT). 2. APPLICANT understands and agrees that City of Aspen Ordinance No. 57 (Series of 2000) establishes a fee structure for .l.an.dJJ~ applica~()ns and the payment of all processing fees is a condition precedent to a determina,tion of application completeness. 3. APPIJCANTand CI1'Y ~gree that because of the size, nature or scope of the proposed project, it is not possible at this tiJne t03scertain the fi.lIL~~eJ:lt Q~tl1e~stsiIJ.y.()ly~d in processing the application. APPLICANT and CITY further agree that it is in the interest of the parties that APPLICANT make payment of an initial deposit and to thereafter permit additional cost~ to bebi1l~t()bP}>p(~~()n a lllonthly basis. APPLICANT agrees additional costs may accrue following their hearingsandlor approvals. APPLICANT agrees he will be benefited by retaining greater cash liquidity and will make additional payments upon notification by the CITY when they are necessary as costs are incurred.. CITY agrees it will be benefited through the greater certainty of recovering its full costs to process APPLICANT'~ application. ~ 4. CITY and APPLICANT :furt:11~! agree that it is impracticable for CITY staff to complete processing or present sufficient infonnation to the Plannin~ Commission andlor City Council to enable the Planning Commission andlor 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.()f.tl1e CITY'S waiver of its right to collect full fees prior to a determination of application completeness, APPLICANT shall pay an initial deposit in the amount of $2.805.00* which is for twelve (12) hours of Community Development staff time, and ifactual recorded costs e"ceedtl1e initi~ ~eposit,APPLICANT shall pay additional monthly billings to CITY to reimburse the CITY for the processing of the applicatiou mentioned above, including post approval review at a rate of $210.00 per planner hour overtl1e initill,1 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. By: Julie Ann Woods Community Developm.ent Director Billing Address and Telephone Number: Required CITY OF ASPEN *$2,805 includes $2,620 Planning Office Deposit for 12 hours of staff tilne plus the $185 Engineering Dept. fee. JNM Bleeker Street, LLP c/o James N. McGarvey, Jr., Partner 432 Osceola Avenue Jacksonville Beach, FL 32250 (904) 247- 9160 ~, ... - R 36,00 o 0,00 SUBDIVISION IMPROVEMENTS AGREEMENT FOR THE McGARVEY SUBDIVISION THIS AGREEMENT is made this l~y of . IL (kj t- , 2004, between JNM Bleeker Street, LLP, a Florida partnership (the "Owner"), d THE CITY OF ASPEN, a municipal corporation (the "City"), RECITALS: WHEREAS, Owner owns that certain real property (the "Property") known as Lot I, Standberg Lot Split, according to the Plat recorded October 18,1982 in Plat Book 14 at Page 1, located at 433 West Bleeker Street, in the City of Aspen, County of Pitkin, having a Parcel Identification Number of2735-124-42-001, and legally described as: Lot 1, Standberg Lot Split, according to the Plat recorded October 18,1982 in Plat Book 14 at Page 1, City of Aspen, County of Pitkin, State of Colorado; and, WHEREAS, the Property has been re-subdivided into two (2) lots to be known as Lots 1 and 2, McGarvey Subdivision (Amending Lot 1, Standberg Lot Split, according to the plat thereof recorded in Plat Book 14 at Page 1) for residential development where stich development, hereinafter referred to as the "Project", includes: . Lot 1, at the southeast comer of West Bleeker Street and North Fourth Street, contains approximately 7,500 square feet for development of a single-family residence and customary accessory uses; and, . Lot 2 fronts on West Bleeker Street and contains approximately 6,000 square feet for development of a single-family residence and customary accessory uses; and, WHEREAS, pursuant to Ordinance No, 17, Series of2004 ("Ordinance"), the City Council granted Subdivision approval for the Project; and, WHEREAS, the City and the Owner wish to enter into a Subdivision Improvements Agreement (hereinafter "SIA") for the Project; and, WHEREAS, Owner has submitted to the City for approval, execution and recordation, a final plat for the Project (the "Plat") and the City agrees to approve, execute and record the Plat at Owner's expense, subject to the provisions of the Municipal Code of the City of Aspen (the "Code"), the Ordinance, and other applicable rules and regulations; and, WHEREAS, Owner is willing to enter into such SIA with the City and to provide assurances to the City subject to the terms and provisions set forth below, NOW, THEREFORE, in consideration of the mutual covenants contained herein, and the approval, execution and acceptance of the Plat for recordation by the City, it is agreed as follows: McGarvey Subdivision S.lA, Page 2 of7 1111111111111111111111 ~;~::~:~I ~1271 SILVIR DRVIS PITKIN COUNTY CO R 36,00 D 0,00 1. Description ofProiect. Refer to the second "Whereas" statement, above, 2, Redevelopment and Dimensional Requirements, As set forth in Condition 2, Section 1 of the Ordinance, the existing house on the Property need not be demolished to accommodate the newly created lot boundaries and the existing encroachments into the side yard setbacks may continue to exist for the life of the original structure only, Unless variances are duly obtained, the residences to be developed on the lots shall meet the R-6 Zone District's dimensional requirements with respect to the newly created lot boundaries and setbacks and comply with the City of Aspen residential design standards, If, prior to redevelopment, the zoning designation ofthe Property is amended by the City Council, development of the Property shall be subject to the dimensional requirements ofthe then applicable zone district. Construction of a house on the second lot shall only be possible if the existing house is removed, 3, Acceptance of Plat. Upon execution of this Agreement by the parties hereto, the City agrees to approve and execute the Final Plat for the Project submitted herewith, which conforms to the plat requirements ofthe Code and the Ordinance, The City agrees to accept such Plat for recording in the office ofthe Pitkin County Clerk and Recorder upon Owner's payment of the recordation fee, 4, Development Requirements, The following development requirements will be satisfied by Owner pursuant to Ordinance No, 17, Series of 2004, a, Building Permit Plan Requirements, In addition to standard requirements, building permit applications for any lot in the Project shall include: 1. A copy of Ordinance No, 17, Series of2004, a copy ofthis SIA, a copy of the Final Plat, and a copy ofthe McGarvey Subdivision GMQS Exemptions approval signed by the Community Development Director and dated May 17, 2004, 2, All conditions of approval from the Ordinance printed on the cover page ofthe building permit plan set. 3, A completed tap permit for service with the Aspen Consolidated Sanitation District. 4, A tree removal permit, as required by the City Parks Department, including a landscape plan identifying trees for removal and means of mitigation, Approval is required from the Parks Director for off-site replacement or mitigation of any removed trees, The landscaping plan submitted with the building permit application should have been approved by the Parks Department and include landscaping of the Fourth Street right-of-way adjacent to the property, Landscaping in the right-of-way can be used as mitigation of any trees removed from the property, 5, A drainage plan, including an erosion control plan, prepared by a Colorado licensed Civil Engineer; said plan must provide for maintaining sediment and debris on-site during and after construction, If a ground recharge system is required, a soil percolation report will be required to correctly size the facility, A 2-year storm frequency should be used in designing any drainage improvements, 6, A signed letter from the primary contractor to the Director of the Community McGarvey Subdivision S.IA, Page 3 of7 11111111111111111 1111 II :~~:: ~:;~ ;127' SILVIA ORVIS PITKIN COUNTY CO R 36.00 0 0.00 Development Department stating that the conditions of approval have been read and understood, 7, Prior to issuance of a building permit for each residence within the Project, Owner shall pay a proportionate amount of all applicable impact fees (park Development Impact fees for any additional bedrooms that are added above and beyond what currently exists on the property, and cash-in-lieu of School Land Dedication), as well as all applicable tap fees and building permit fees, If an alternative agreement to delay payment of Water Tap and/or Parks Impact fees is finalized, those fees shall be payable according to the agreement. 8, An outdoor lighting plan demonstrating compliance with the requirements of Section 26,575.150, Outdoor Lighting, of the Land Use Code, 9, Plans demonstrating adequate area for snow storage completely on-site and not in the public alley, 10, A full set of construction management plans that are consistent with the City Construction Management Plan Guidelines, b, GMOS Exemotions, In accordance with Section 26.470,070,B, of the City of Aspen Land Use Code, mitigation for the construction of each new home shall be required prior to issuance of a building permit for that home, Ifthe owner of a lot in the Project proposes to construct an accessory dwelling unit (ADD) to satisfy this requirement (instead of paying the in-lieu fee) then the ADU shall be completed prior to issuance of a Certificate of Occupancy for the primary residence on that particular lot. If a credit is to be used against any required payment of cash-in-lieu of an ADU, documentation ofthe existing house's floor area must be submitted and reviewed for approval by the City Zoning Officer as part of the building permit application for the lot seeking to use such a credit. c, Wastewater and Surface Drainage, Owner shall comply with Aspen Consolidated Sanitation District (ACSD) rules, regulations, and specifications, which are on file at the ACSD office, No clear water connections (roof, foundation, perimeter drains) to ACSD lines shall be allowed, The existing sewer service may be able to serve one of the two lots in the Project; however, a shared sewer service will not be permitted, Each lot shall require its own sewer service, d, Water Service, Owner shall comply with the City of Aspen Water System Standards. with Title 25, and with applicable standards of Title 8 (Water Conservation and Plumbing Advisory Code) of the Aspen Municipal Code, as required by the City of Aspen Water Department. The existing water tap must be abandoned when the existing structure is demolished, e, Fire Protection, In any residence that contains more than 5,000 gross square feet of floor area, Owner shall install a fire sprinkler system that meets the requirements of the Fire Marshal. f. Encroachments and Work in the Public Rights OfWav, To the extent any exist, Owner shall either remove any encroachments into the public rights-of-way or be subject to . ._-~---_._-~~--"-,~",~",.,_..--,~~-_..._.- McGarvey Subdivision S.l.A, Page 40f7 111111111111111111 111I 1I11I11 I11I 111111111 11111 11111111 ~~:}~~I ~l '27' SILVIA Di=lVIS PITKIN COUNTY CO R 36.00 0 0.00 . current encroachment license requirements, as required by the City of Aspen Engineering Department. Prior to final inspection for a structure on either lot, a new curb shall be installed in place ofthe North Fourth Street driveway that is to be abandoned For proposed work in public rights-of-way, Owner must receive approval from: · The City Engineer for design of improvements, including landscaping; · The Parks Department for vegetation species, tree removal, and/or public trail disturbances; · The Streets Department for mailboxes and street cuts; and · The Community Development Department to obtain permits for any work or development, including landscaping, within the public rights-of-way, g, Construction Schedules and Noise, Construction is prohibited on Sundays and between the hours of7:00 p,m, and 7:00 a,m, on all other days, All noise ordinances shall be abided by, h, Tree Protection, Tree saving construction fences shall be installed around the drip line of any tree or grouping oftrees to be preserved, The City Forester or his/her designee must inspect such fencing before any construction activities commence, There shall be no excavation, no storage of construction materials, backfill, equipment, tools or construction traffic inside of the protective fence( s), This fence must be inspected by the city forester or his/her designee before any construction activities are to commence, 1. Utilitv Pedestals, Prior to issuance of a Certificate of Occupancy for a structure on either lot, any utility pedestals in the alley adjacent to the lots should be moved out of the alley right-of-way and onto the property ofthe adjacent lot. j, Covenant Against Further Subdivision, There shall be no further subdivision of either lot in the Project, and no duplex shall be constructed on either lot. The option to construct an accessory dwelling unit on either or both lots shall be permitted and, for purposes ofthis covenant, shall not be construed as a duplex or a subdivision, 5, Recordation, Pursuant to Section 27,480,070(E) ofthe Aspen Land Use Code, once fully executed, this SIA and the Final Plat shall be recorded in the office of the Pitkin County Clerk and Recorder, Failure on the part of the Owner to record the plat within one-hundred eighty (I 80) days following final land use approvals shall render the plat invalid and reconsideration and approval of the plat by the Planning and Zoning Commission and City Council will be required before its acceptance and recording, unless an extension or waiver is granted by the City for a showing of good cause, 6, Financial Securitv for Public Improvements, In order to secure the performance of the construction and installation of improvements in the public right-of-way, including landscaping, the Owner shall provide the City with a financial security for the proposed McGarvey Subdivision S.I.A, Page 5 of7 1111111111111111111111 :;~::~:~~ ~l :271 SILVIA Di=WIS PITKIN COUNTY CO R 36.00 D 0.00 improvements, The financial security shall take the form of a letter of credit, cash or other guarantees in a form satisfactory to the City Attorney and shall be submitted to the City prior to the initiation of construction or the issuance of any building permits, With the first building permit application for either lot in the Project, the Owner shall provide a detailed cost estimate ofthe improvements for approval by the City, The amount ofthe required financial security shall be 110% of the estimated cost of the improvements, The guarantee documents shall give the City the unconditional right, upon clear and unequivocal default by the Owner in its obligations to complete the public improvements, to withdraw funds against such security sufficient to complete and pay for installation for such public improvements, or to withdraw funds against such security sufficient to complete and pay for installation for such public improvements, If the improvements have not been completed to the satisfaction of the City within one year of the cost estimate, City may require the Owner to adjust the amount of the financial security for local increases in construction costs, As portions of the improvements are completed, the City shall inspect them, and upon approval and acceptance, shall authorize the release ofthe agreed estimated costs for that portion of the improvements, except thatlO% ofthe estimated costs of the improvements shall be withheld for the benefit ofthe City until (i) all of the improvements have been inspected and accepted by the City, (ii) a two-year maintenance bond has been provided by the Contractor, and (iii) as-builts have been provided (if required), Separate financial securities and maintenance bonds are required for civil R,O,W, improvements (i,e, pipelines, and curbs) and landscaping R.O,W, improvements, 7, Notices, Notices to the parties shall be sent by United States certified mail to the addresses set forth below or to any other address which the parties may substitute in writing, To Owner: JNM Bleeker Street, LLP c/o James N, McGarvey, Jr" Partner 432 Osceola Avenue Jacksonville Beach, FL 32250 To Citv of Aspen: City Manager 130 South Galena Street Aspen, CO 81611 With Copv To: City Attorney 130 South Galena Street Aspen, CO 81611 8, Binding Effect. The provisions ofthis Agreement shall run with and constitute a burden on the land on which the Project is located and shall be binding on and inure to the benefit ofthe Owner's and the City's successors, personal representatives and assigns, 9, Amendment, The Agreement may be altered or amended only by written instrument executed by the parties, McGarvey Subdivision S.lA, Page 60f7 III III 111111 III II III II 111111 111111 III ~~:~ ~~;I ~ 127. SILVIR DAVIS PiTKIN COUNTY CO R 36.00 0 0.00 10, Severability, If any of the provisions of this Agreement are determined to be invalid, it shall not affect the remaining provisions hereof. ATTEST: THE CITY OF ASPEN, a municipal corporation ~~l;: Kathryn S, K' ch, City Clerk ~~. Helen Klande , ayor ~~ APPROVED AS TO FORM: ~/lIJ~ orce ter, City Attorney OWNER: JNM BLEEKER STREET, LLP / a~~~.x..e!!~ ) ~/ ....,<"'" r JACl<JE LOTHIAN , ss, COUNTY OF PITKIN ) ~~;\,'".. ..,..,.lpc:, l'e- ."...... 0\' H .... OFCO\. _~,1 ~ The foregoing instrument was ac ged before me this ~day of 2004, by Helen Klanderud, Mayor, and Kathryn S, Koch, City Clerk. STATE OF COLORADO ) MLd Witness my hand and official seal. My~m;"";"" crp;=' ""/I1'/':~~ No Public McGarvey Subdivision S.I.A, Page 70f7 1111111111111111111111 :~~:~~~~~; 1 SILVIA ORVIS PITKIN COUNTY CO R 36.00 0 0,00 :271 STATE OF _r-:-I on'cf It. COUNTY OF D IA t/aJ ) ss, ) The foregoing instrument was acknowledged before me this~ay of tJ.1i\1" ~ f , 2004, by James N, McGarvey, Jr., as Partner in JNM Bleeker Street, LLP, Witness my hand and official seal. My commission expires: ~~..~~'R::tlo_ Patricia H. Kelley 1.'f'J:i.~;. MYCOMMISSION' 00101492 EXPlRfS ~',~;.i May 21, 2006 os.;~Jno:.~~': &ONOEDTHRUTROY FA..INSIJiANCI:, INC. c:\My Documents\City Applications\McGarvey\McGarvey SIA