Loading...
HomeMy WebLinkAboutcoa.lu.su.190 Park Ave.16B-88 ,...., ~, CASELOAD SUMMARY SHEET City of Aspen DATE RECEIVED: 9;'19;88 DATE COMPLETE: 9 Olo_llYl PARCEL ID AND CASE NO. 2737-074-04-004 16B-88 STAFF MEMBER: CI/ PROJECT NAME: Hamwi Subdivision Final Plat Project Address: 170 Park Avenue. Aspen. CO Legal Address: Lot 4 Sunnv Park Subdivision APPLICANT: Paul R. Hamwi Applicant Address: P. O. Box 350 Aspen. CO 81612 REPRESENTATIVE: Martv Pickett. Law Offices of Gideon Kaufman Representative Address/Phone: 315 E. Hvman. Suite 305 925-8166 PAID: YES NO AMOUNT : $900.00 /" V 2 STEP: TYPE OF APPLICATION: 1 STEP: P&Z Meeting Date C< _"" _od Ii PUBLIC HEARING: YES fftV\ ~ VESTED RIGHTS: YES PUBLIC HEARING: YES VESTED RIGHTS: YES NO Planning Director Approval: Insubstantial Amendment or Exemption: Paid: Date: REFEI3RALS : \../ /City Attorney V city Engineer Housing Dir. Aspen Water city Electric Envir. Hlth. Aspen Consolo S.D., Mtn. Bell Parks, Dept. Holy Cross Fire Marshall Roaring Fork Roaring Fork Energy Center School District Rocky Mtn Nat Gas State Hwy Dept(GW} State Hwy Dept(GJ} Building Inspector Other DATE REFERRED: q/.JI!? 8 INITIALS: JfJJ FINAL ROUTING: DATE ROUTED: ~ity Atty ~ity Engineer ~ Zoning ___ Housing ____ Other: INITIAL: Env. Health FILE STATUS AND LOCATION: \t", <~5':,'y;: f"* ;:,~: ,:>,;~~:,'i",; '_: i:IJo..,~.~:",:...c..:'J .~~ ! I. :: N. ~ " t'U. .... ..d. thh Jft: d.y ot o.o-.r.lftl7. bet~ 'UftO~'_ '-.hU.. · Coloril:"'ii..r.l PUtnn.hlp ot tile Couaty ot 'ltkln. 't.te ot Colo.-ado. ,rantor. .1Id '.ul .. ....1.0,.,A Equ..... O......rl04 nr Cnlo....... ..... JlO. ""PIn. Colorado. .1112 ot tile CoItaty ot 'lt1ctn. 't.te ot Colorado. ,rant... ~...... that tile ,r..tor tor .1Id 1ft oOll.ld.rauOll ot tile .... ot .... DoU.r. 1.10.001 ad oth.r 900d Iftd .&1..111. oOll.lder.uOll. tIte ......lPt I1Id .ultlOl....." ot ""1011 h Ile"by .0....10d9ad. Ila. ,rantad. bal'V.tnad. IIOld .1Id -ftJ'od. .... by tIte.. ,hllatl doe. ,rut. ltal'V.tn. "U oon..r .... OOftttra. ..to tIte ,rantoo. IIh lleb. .... ".1,.. tor_r. 11 th. r..l property tovotlter wlth tap......nt.. 1t ..y Utu.t.. lYln, .1Id bal., 1. tIte Couaty ot .1t)UII .1Id 't.t. ot Color.do d..crl11ed .. tcill_, Lot 4. 'u..y '.r~ 'Ubdbl.loll. "'c.pu., tlteht.... tltet poru... d..orl11ed tn Deed "'-rdld In IIoot 241 .t .... '71. - 552 _12'l ---11ft , \;, ~ ....... i I I I I I I 1 Co..ty ot 'lt1ctn. 'tete ot COlorado .. ~ "y .tr..t ad lI......r ... 170 '.r~ A"lIu.. 'UIlIIYPUII COIld.... ""..... Color.do '1111 fta._ wlth .U .1Id .1.....1u tile IInlldl'-.to ad .pPUrtoaa_. tlter.to be1Olltll1', or tn ."ywh. .....rte1al.,. IIId tlta ......r.101l IIId r_r.10ll.. r_llldor .... r_ll1dn.. r...ta. 1...... ad prottt. tlleroot. .1Id 111 tll. ..tat.. rl,lIt. Utl.. ll1tar.at. 0~11I IIId d_1Id .....t......r ot tll. ,rutor. dthar 1.. 1_ or "",lty. ot. 1a ad to th. IIIcwo bar'aillld pr_h... with tile llerodl~t. ad .lIPUrt...._.. t'O .... AIID t'O -.0 tho "id pr_l... alloY. 1I.1'V.1.... .... d..or1bed. wlth tho .""rte........ ....to tile ,r..te.. hh IIeb. lIIld ...1,.. toro.er. Aad tlta ,re..tor. tor it"lt. .... it. .--........ doe. __to ,r.at but.ll1. .1Id .,roo to .... with tlta 9I''''too. Ill. IIeb. .1Id ..U,... that at tll. U.. of tile ......11., lIIld del1..ry ot tile.. Ph'.at.. it h "'U "hid ot tile Phat... abcw. -J'od. II.. '_. .ure. Plrt.ct. abllOlute .... 1Ildot...1It1o ..tat. ot l....rltaM.. tn 1.w. 111 t.. .~1.. ad Ita. ..... r1911t. full _r .... 1.wtul .uthority to ,r...t. .......1... ..11 ad -, th. ._ 10 -_r .... tora .. .t_..id. lIIld that tlta .- .h tr.. IIId ol.u tree .U to....r IIld otller 9I'...t.. IIuod..., ..1... 11.... to..... .....-.-.. .1IOIIlIIIr_. ad r..trIotlO1l. ot .....~r 111... or ..tuh """"-r. .-,t. 1. '1'..... tor tile )'Oar ItI7 .1Id 111 .u".oqua..t !'Iu., 2. 81911t ot tile p&'Oprlator ot . ..1.. or lode to ..traot IIId ~ thh 0'" tll.r.tree. .1I0uld tile ._ ba tou... to PI...tr.te or ilt.r.lOt th. pr_l... .. "...r1rod 1. tile llaltod 'tate. '.t..t. r....rdld 10 "'11 1" at ..,. 1" .... ..... 175 It ..,. 171. 3. ".trlotl...... ....t.l.1d iI ilotr_nt r.ol'rdod In ..... 201 .t .... 301. prOYldl., .. toUOWl. 1'h.t no tr.U.r 0.... Or trail.r Plrll. .IIeU be Plraittad or .haU be OO..thOtIId. 4. ".trlotlon... .....tlnad In In.trwlont rOOOrdld 1. "'11 201 .t .... 234. prOYldln, .. toll_. '1'II.t no tr.l1.r 0.... or tr.l1.r parll. .hal1 be Plraltted or .b.l1 be oOIl.truot.d. ~~ ~ U~ .: 1/ .....::~ ~::i. , '. , J I!I'~ i!" '. .... 1'h. ,r.ntor .b.U .nd wu 1 WAlttlAII,. ANIl POuva. Ilarllfll tile .bov.-llel'V.l.... pr..l... In t~. ,ul.t llId PI......l. po.....lon of tho ,r..too. bl. b.lr. ..d ...1",., .'.In.t .11 .nd .v.ry por.on llwtuUy .1.1111119 tho ""01. or .ny part tber.ot. '1'11. .1""'lu nw.bor .ball lacludo tho Plur.l. tb. plurll tbl .1n9Ullr. .lId tho ':.'j~ ~:~ '>" N CG UI W ..., ~~~~ I I I I I 1 j I i i , , .~). . j":.":: 'i''''t ... 552_123 ... of .IIY ....... .bell be ."Uoell1. to .11 ,...d.r.. D lInlIIu ... ~_, tII. ,rutor h.. ".OUted tIIh died, .. tho duo lit fortll Ibow. -.at.. rAllftqq, ^ Iy Iy aTAft or COUlaADo I t .a. COUIln or rZftza I 1'he, fo...,..t", tn.t~.t _. .oknow1""ved ""0&'1 .. Wa' J.$f" dey of DaD III', un, by lI1oh..t CO....h.r _ ......... lSiitllr .. POrtlier. of 'an.ht... rortnero, . Colorado '_01 Plftner.h1p. WZftU. .,. bend Illd off10111 IIy _1..t.... ""P1re.t, . . ,'Ou, '" '.. ":., ...,' ......~ ':' \\~I\Ily:'::\. ::,~~~W" - ","'1;." . '..PUg" .'; .....11~. ' I,. t., . I . ",. "11" rvl,,''''. -00-882818 A 2 . . o Ha.. Hute . 894.50 5 8' AckIihonll Che.ftI 097 101-01 10/19/87 3 . . 7 . . ~n; 11t1e Insurance @rporatlon Schedule A ~@[PW OWNER'S POLICY CASE NUMBER DATE OF PULICY OCTOBER 19, 1987 @ J' :32 A.M. AMOUNT OF INSURANCE ~ POLfCYNUMBER THE POLICY NUMBER SHOWN ON THIS SCHEOULE MUST 85-00-882818 AGREE WITH THE PREPRINTEO NUMBER ON THE COVER SHEET PCT-1095-87 1, Name of Insured: EILEEN H. KING and JOHN L. KING 2, The estale or interest in the land described herein and which is covered by this policy is: IN FEE SIMPLE 3. The estate or interest referred to herein is at Date of Policy vesled in: EILEEN H. KING and JOHN L. KING 4. The land referred to in this policy is described as follows: LOT C, BLOCK 8', CITY AND TOWNSITE OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO. ~~~'lJ/7 [i ~I{ I"~ ~I \.'=:?\.....0LJ Pitkin County Title, Inc. 601 E. Hopkins (303)925-1766 Aspen, Colorado 81611 Issued .t floc. lIOn, This PolICY IS Invalid unless the cover Sheel and Schedule 8 are an ached ORIGiIP\ULI ALTA Owner's Policy Form 8 1970 (Rev. 1o.17.70..~~~)_~.1?:.~J ,./ '~ ,-. L.AW OFFICES GIDEON I. KAUFMAN MARTHA C. PICKETT GIDEON I, KAUFMAN A PROFESSIONAL. CORPORATION BOX 10001 315 EAST HYMAN AVENUE, SUITE305 ASPEN, COLORADO 81611 TELEPHONE AREA CODE 303 925-8166 TE1..EFAX 925-1090 October 31, 1988 Mr. Chuck Roth City Engineering 130 South Galena Aspen, Colorado Department street 81611 fi 3'11988 Re: Sunny Park SUbdivision Dear Chuck: Enclosed is the Exhibit "F" to Paul Hamwi's Subdivision Improvements Agreement, listing items requiring financial assurance. Also, please note that the figure $3,696.25 has been filled in under paragraph 8, page 6, of the Subdivision Improvements Agreement. This sum represents 125% of the estimated cost of the items listed on Exhibit "F". If you have any questions or comments, please do not hesitate to call me. Sincerely, LAW OFFICES OF GIDEON I. KAUFMAN, P.C., a Professional Corporation MCP jbw Enclosure cc: Alan Richman By~ M tha Pickett r-. ~ \ t.~ APPLICATION FOR APPROVAL OF FINAL PLAT OF SUNNY PARK SUBDIVISION PURSUANT TO ASPEN MUNICIPAL CODE ~7-100.(D) (2) (a) THIS APPLICATION, submitted on behalf of PAUL HAMWI, dba EQUITIES DIVERSIFIED OF COLORADO, requests approval of the Final Plat for the Sunny Park SUbdivision, Aspen, Colorado. I. Final Plat Contents. 97-1004 of the Aspen Municipal Code sets forth the requirements for the contents of the Final Plat. The following items are provided with this Application: 1. Plat drawings on a mylar sheet, 24" x 36", with n" margin on the left, and a ls" margin on the other three sides. The Plat contains the following information: . (a) Accurate dimensions for all lines, angles and curves used to describe boundaries, streets, setbacks, easements, structures, areas to be reserved or dedicated or public or common use, and other important features; (b) Identification of all lots and blocks and names for all streets; (c) Names of all adjoining SUbdivisions, if any; (d) Identification of easements and sidewalks, and a dedication thereof to public use; (e) Written survey description; and (f) Description of all survey monuments, found and set, which mark boundaries of the subdivision. 2. Statement by the land Surveyor explaining how bearings, if used, were determined. 3. Certificate by the registered land surveyor as to the accuracy of the survey and Plat, and a statement that the survey was performed in accordance with the Colorado Revised Statutes. 4. A certificate by a corporate title insurer that Paul Hamwi is the owner of the Property in fee simple. A mortgagee's certificate is also provided whereby the mortgagee consents to recordation of the Final Plat. 5. Certificates showing approval of the Final Plat by the City Engineer, Planning Director, and the Planning and Zoning Commission. 6. A certificate showing approval of the Final Plat and acceptance of dedications and easements by the City Council, with signature by the Mayor, and attestation by the City Clerk. - 1 - (t ',' 6 "../ 1 ,~ ~ 7. A certificate of filing for the Pitkin County Clerk and Recorder. 8. Complete engineering plans and specifications for all improvements to be installed in the Sunny Park Subdivision. 9. A landscape plan showing location, size and type of proposed landscape features. 10. Copies of any monument records required of the land suveyor. 11. Subdivision agreement as required by ~7-1004(C) (3). (See Attachment 1) II. Conditions of Approval by Planning and Zoning Commission. Conditions based upon approval of Sunny Park Subdivision and exemption from GMP and mandatory PUD by the Planning and Zoning Commission are described below with an explanation of how these conditions have been met in the Final Plat submission: A. Condition: Prior to review by the City Council, the Applicant shall submit a Final Plat and associated Final Plat documents pursuant to the Code requirements. These documents should include drawings and language which clarifies the optional employee unit situation, if developer so chooses this option. The Applicant has been working with the Housing Authority to determine if construction of a fourth unit as an employee unit is feasible. The Housing Authority has agreed to purchase the employee unit; therefore, the Final Plat submission is based Upon a request for approval of three (3) free-market units and one (1) middle-income employee unit. Although the Applicant's condominiumization request is not before City Council at this time, Applicant requests that Council resolve to waive the Affordable Housing Impact Fee by virtue of the fact that Applicant has provided 25% of the proJect's population as employee housing. B. Condition: The Applicant shall eliminate the patios from within the side yard setback by either moving the building to the north, or making the patio area smaller. The bUildings have been moved to the north so that the patio areas are completely outside the side yard setback. C. Condition: The Applicant shall supply a general utility easement pursuant to the Engineering Department memo dated June 27, 1988. - 2 - 1""', ,r", The Engineering Department requested a 7~ foot general utility easement all around the lot line. A general utility easement, as requested, has been provided. D. Condition: The Applicant shall be subject to all Environmental Health air Pollution/fireplace regulations in place at the time the building permit is requested, and to all conditions as listed by Lee Cassin in her memorandum dated May II, 1988. The Applicant acknowledges that there is pending legislation regarding a requirement for gas logs. Applicant is prepared to meet whatever regulations are in place upon acquisition of the bUilding permit. In addition, Applicant will provide a fugitive dust plan to insure that dust is controlled during demolition and construction. The existing buildings will be tested for the presence of asbestos, and if any is found, the asbestos shall be disposed of in an approved manner. E. Condition: If applicable, the optional employee unit shall be restricted to the middle-income guidelines as part of the Final Plat recorded documents. Applicant agrees that the employee unit shall be restricted to the middle-income guidelines. F. Condition: The Applicant shall be required to vacate the prior approval pursuant to 97-l007(c) prior to recordation of the Final Plat for this approval. Applicant acknowledges that the GMP approval for this site must be vacated prior to the recordation of this Final Plat. Respectfully submitted, LAW OFFICES OF a Professional By , ,/ )" , , j ~( ,/1 I It,' .' ( \f To! rtha , GIDEON I. KAUFMAN, Corporation ir_ ick ( (c_ C. Pickett P.C. , MCP/bw \land\finlplat.app - 3 - ..-, ~ '.:;... EXIHBIT "A" Lot 4, SUNNY PARK SUBDIVISION, excepting therefrom that portion described in deed recorded in Book 246 at Page 879 Also known as 170 Park Avenue, Aspen, Colorado IN THE COUNTY OF PITKIN, STATE OF COLORADO ,- ^ EXHIBIT "B" SITE DATA TABULATIONS Lot Size 13,393 SF 1,922 SF 13,393 SF 10,110 SF 3 1 3 Floor Area Existing Floor Area Allocated Total ,Built Floor Area Existing Units Middle-Income Units Free-Market Units Parking Spaces: Covered Uncovered Total 6 ,,~ ~I'?- L--------/ .:' -- -- EXHIBIT "C" SUNNY PARK SUBDIVISION IMPROVEMENT SCHEDULE The project will be completed in one phase Submission for Building Permit: September 12, 1988 Completion of Building: July 15, 1989 Completion of Landscaping Improvements, including Gravel Sidewalks: September 15, 1989 Owner anticipates that the project will be constructed generally in accordance with the above schedule. The time frames are approximate, especially given the fact that Owner will have a winter construction schedule. ,-.., ,,..-.,, CASE DISPOSITION TO: File FROM: Cindy Houben Hamwi Subdivision Final Plat RE: DATE: October 26, 1988 ---------------------------------------------------------------- ---------------------------------------------------------------- On October 10, 1988 the city Council approved the Hamwi Subdivision with the following conditions: 1. Prior to recordation of the final plat the applicants shall vacate the prior approval for the site. 2. Prior to final approval of the condominiumization the applicant shall submit the required condominium plat documents to the Engineering Department. 3. The final plat shall contain 12 parking spaces (one/bedroom) . 4. The applicant shall revise the plat prior to its recordation to include the following: adjacent streets, edges of pavement, proposed gravel sidewalk locations and drainage swales. 5. Prior to issuance of any permits, the Engineering Department shall approve the drainage plan. 6. All utility lines to the development shall be buried. 7. Prior to signature of the final plat and subdivision improvements agreement, the subdivision improvements agreement shall be modified as follows: a. Page 1" General Development Plan, shall include the book and page numbers for the approved plat. b. Page 3, paragraph deleted. Water and Sewaae Svstems The last is not standard language and shall be c. Page 3, Parkina Spaces provide 12 parking spaces. The applicant shall d. Page 3, Landscapina - The gravel sidewalk shall be constructed pursuant to the Engineering Department standards, adjacent to the property boundary. The landscaping plan shall be recorded and the book and page number shall be identified in this ,.,\ ,""', section of the subdivision improvements agreement. e. Page 3, Woodburninq Devices - The last sentence shall be deleted and the following shall be inserted. "The development shall be subject to all woodburning regulations in affect at the time the building permit is issued for the development." f. Page 5, Park Dedication Fee This shall be reworded to state that the Park Dedication Fee shall be paid at the time of issuance of a building permit pursuant to Section 5-601 of the Aspen Municipal Code. g. Page 6, Financial Assurances - The price shall be inserted to the satisfaction of the Engineering Department and the exhibit outlining these costs shall be inserted. Note: The applicant I s are allowed to do gravel sidewalks with the understanding (in Subdivision Improvements Agreement) that a future concrete sidewalk will be built at the owners expense, once the roadway is widened. close.hamwi ~" ,..-,.. ~ LAW OFFICES GIDEON I. KAUFMAN A PROFESSIONAL CORPORATION BOX 10001 315 EAST HYMAN AVENUE, SUITE 305 ASPEN, COLORADO 81611 TEL.EPHONE AREA CODE 303 925-8166 "TEL'EFAX 925-1090 GIDEON I. KAUFMAN MARTHA C. PICKETT October 26, 1988 Mr. Alan Richman Aspen/Pitkin County Planning Office 130 South Galena Street Aspen, Colorado 81611 OCT 26 Re: Paul Hamwi: Subdivision Improvements Agreement Dear Alan: Attached is the original and one copy of the revised Subdivision Improvements Agreement, executed by Paul Hamwi. I have also enclosed a red(green)-lined version showing changes requested by Cindy. Also enclosed is the original and one copy of the executed Dedication of Real Property to Employee Housing Restrictions and Guidelines for Unit B. As you know, Paul Hamwi needs to have these documents signed by the City as soon as possible so that he will be ready for recordation. On the matter of vacating the prior approvals, please note that the previous applicant for this property, Mr. Conviser, never got to the stage of recordation of the Final Plat. The condition of Hamwi's Final Plat approval was to vacate the prior "approvals". I believe that the City Council, by its approval of this Final Plat, agreed to vacation of those approvals. In addition, the approvals lapsed automatically as of September 1, 1988. Although we had requested an extension of the approvals, in the event this Final Plat was not approved, such an extension did not have to be sought. I have spoken with Fred Gannett, who suggested that Mr. Hamwi execute an affidavit waiving any right to the 1985 approvals. This affidavit is enclosed for your review. It is our understanding that the affidavit will be recorded with the Sunny Park Final Plat. If you have any questions or comments regarding any of these items, please do not hesitate to call me. sincerely, LAW OFFICES OF a Professional By Y M G DE ON I. KAUFMAN, P.C., orporation MCP/bw cc: Paul Hamwi ---~ ~ .--. MEMORANDUM TO: Aspen City Council THRU: Robert Anderson, Jr., City Manager tf1 Cindy Houben, Planning Office \'"""''' FROM: RE: Hamwi SUbdivision/Final Plat and Condominiumization DATE: October 10, 1988 ---------------------------------------------------------------- ---------------------------------------------------------------- APPLICANT: Paul Hamwi REQUEST: Final Plat and Condominiumization approval/Subdivision (replacement of existing units} and a request for Exemption from Growth Management for an employee unit. LOCATION: Lot 4, Sunny Park SUbdivision, address 170 N. Park Avenue, located at the intersection of Park Avenue and Park Circle. ZONING: RMF/PUD HISTORY: The Planning and Zoning Commission approved the Preliminary Plan on September 6, 1988 with conditions. The site received a growth management approval in 1985 for 11 units (7 free market and 4 employee units). The applicants have requested an extension of this approval while they were in this review process. DESCRIPTION OF THE PROPOSAL: The applicant proposes to demolish 3 existing units on the 13,000+ square foot lot and reconstruct 3 new free market townhouse structures and one employee unit. The 3 free market units are proposed 'to be approximately 2,930 square feet each. The optional employee unit is proposed to be approximately 1,300 square feet. SITE DESCRIPTION: The site is a relatively flat site which is bordered on two sides by public roadways (Park Circle and Park Avenue) . The parcel is 13,393 square feet. The RMF zone district allows a 1:1 FAR. The proposed square footage and unit size is as follows: Three free market units, each containing 3 bedrooms and approximately 2,930 sq. ft. One employee unit containing 3 bedrooms and approximately 1,300 sq. ft. '._:>;i,-: ,-. ,-. Total of 12 bedrooms and 10,110 sq. ft. The surrounding land uses are mixed. Directly to the north and east of the site are mUlti-family structures. To the south and west of the site are mUlti-family, duplex and single family structures. The Smuggler Mountain area consists of some old and new structures which have traditionally been owned and rented by individuals who live and work in the community. REFERRAL COMMENTS: Engineering: In a memorandum dated October 4, 1988, Chuck Roth made the following comments: 1. Gravel sidewalks are not in accordance with City specifications which require concrete sidewalks. Council should be consulted about whether or not they want a concrete sidewalk at the project site. 2. The "improvement district" agreement, item F, does not City standards, specifically language in the subdivision appear to be in agreement with the last four lines. 3. The letter of September 22, 1988, from Schmueser Gordon Meyer refers to the drainage on the property saying that the design "will increase thla historic rate of recharge." This is not permissible. Current standards are that the historic rate be maintained with no increase or decrease either to run-off from the site or recharging of the aquifer. 4. The applicant will be required to submit a plat in accordance with the Code requirements for final plat. The adjacent street must be shown as well as edges of pavements proposed sidewalk locations, and proposed drainage swales. If platting is required for other pUrposes (condo- miniumization) prior to construction, the certificate of occupancy should be conditional on recording an amended plat reflecting as-built conditions. 5. It is required by code that the electric service be provided underground. The Engineering Department requests that the applicant be required to bury its telephone and television service connections also. STAFF COMMENTS: 1. This application was made pursuant to the old code. The proposal to replace three existing units is exempt from the Growth Management system. In addition, the applicant is requesting exemption from Growth Management in order to 2 r--., ,~ build a deed restricted employee unit. The Planning Conunission also granted the applicants exemption from the mandatory PUD provisions of the Code. The Council granted the applicant an exemption from the demolition moratorium since the application had already been reviewed by the Planning Conunission and was in the review process. 2. The proposed setbacks for the design are as follows: PROPOSED: REQUIRED: Front yard - 12' Rear yard - 10' Side yard - 25' NORTH Side yard - 10' SOUTH 10' 10' 5' 5' 3. The application states that a gravel sidewalk will be provided by the applicant until such time the City Engineering Department determines the exact location of the road alignment and R.O.W. along the property lines. At such time this is determined the applicants will construct a sidewalk meeting code requirements. The Engineering Department referral notes that gravel is not acceptable. This site is in a dense neighborhood, on a bus route where adequate pedestrian facilities are needed. In discussions with Chuck Roth he made the suggestion that the applicants place the sidewalk directly adjacent to their property line in order to avoid any future problems. The maximum height in the RMF zone district is 25 feet (with allowance for 5 additional feet to the peak of the roof). The proposed elevations illustrate a maximum height of 30 feet to the top of the roof line from existing grade. This meets, the code requirements. The individuals who will be most affected by the project are those living in the multi- family structures to the north and northeast. These individuals will lose a great deal of their existing views towards the south and west due to the height and location of the proposal. The only way to mitigate the impact is to require that the applicants build a single story structure. This design however would require the units be totally reconfigured on the parcel and that the applicants resubmit a plan. As compared to the prior approval, the new proposal reduces the overall buildout on the site and leaves a greater ~~ffer at the intersection of Park Avenue and Park Circle. None of the adjacent land owners came to voice concerns at the public hearing before the Planning and Zoning Conunission. The access to the site is proposed off of Park Circle. Each free market unit will contain a 2 car garage and one 3 c-, -., additional space per unit is supplied in the northwest corner of the lot. This meets the requirements of the code with regard to parking for the free market units. The employee unit has 3 bedrooms and requires 3 parking spaces as well. The application only supplies 2 spaces for this unit. Since the Planning Commission did not waive the requirement for the 3rd space, the plat must be amended to show one additional space. The proposal buildings. The bluegrass. provides limited landscaping yard area is proposed to be around the seeded with 4. The applicant is requesting exemption from the Growth Management competition pursuant to section 24-11. 2. The proposed employee unit is a three bedroom 1,300 square feet unit. The Planning Office and Housing Authority recognize the need in the community for additional employee housing and strongly encourage the Council to approve this exemption request for a deed restricted unit on site. Additionally, the Housing Authority has worked closely with the applicant with regard to the employee unit space. The Housing Authority has actually fronted the financing f~r the unit and will recoup its cost when the unit is sold., 5. The request fot the four units is consistent with the area and bulk requirements for the RMF zone district. 6. The 1973 Aspen Area Comprehensive Plan designates this area as a mUlti-family area which is consistent with the proposed use. 7. The Planning Commission approved the preliminary Plat with the following conditions of approval: a. Prior to review by the city Council the applicants shall submit a final plat and associated final plat documents pursuant to the Code requirements. These documents should include drawings and, language which clarifies the optional employee unit situation, if the developer so chooses this option. RESPONSE: The applicant and the Housing Authority have developed a way to allow the optional employee unit to be built as part of the proposal. b. The applicants shall eliminate the patios from within the side yard setback by either moving the bUilding to the north or making the patio areas smaller. RESPONSE: The patios have been moved out of the 4 r- ,~ setback. c. The applicants shall submit a letter to the Planning Office from the Water Department noting whether the water line connection between Neale Street and King street is necessary. RESPONSE: This letter has been submitted. The referenced water connection was established as part of the Centennial development. d. The applicants shall supply a general utility easement pursuant to the Engineering Department memo dated June 27, 1988. RESPONSE: This easement has been created and is shown on the final plat. e. The applicants shall be subject to all environmental health air pOllution/fireplace regulations in place at the time a building permit is requested and to all conditions as listed by Lee Cassin in her memorandum dated May 11, 1988. RESPONSE: The application states that all these requirements will be met. f. The employee unit shall be restricted to the middle income guidelines prior to recordation of the final plat. RESPONSE: The applicant agrees to deed restrict the employee unit to the middle income guidelines. g. The applicant shall be required to vacate the prior approval pursuant to section 7-1007 (c), prior to the recordation of the final plat for this approval. RESPONSE: The applicant acknowledges that the prior GMP approval for this site must be vacated prior to the recordation of this final plat. 8. The applicants are requesting approval to condominiumize the 4 units. The Engineering Department requires that an as built plat be submitted pursuant to the code requirements. Section 7-1008 of the Aspen Municipal Code has the following criteria for condominiumization: a. The existing tenants must be given notice of sale and first right of refusal. RESPONSE: The applicants have been unable to reach 5 r-, ~ this tenant to date but state that this accomplished. This should be accomplished recordation of the condominium plat. b. All units must be restricted to 6 month minimum lease restrictions with no more than two shorter tenancies per year. will be prior to RESPONSE: The applicant agrees to the 6 month minimum lease restriction. c. An Employee Housing Impact Fee is assessed to each free market unit which is condominiumized unless the project has provided employee housing pursuant to Section 8-106 (E) (5), in which case the project shall be exempt from the Affordable Housing Impact Fee. RESPONSE: This application was not through growth management, however housing (25 % of the development) is the applicants have requested a Affordable Housing Impact Fee. required to go since employee being provided, waiver of the The residential growth management quota system requires that 35 % of the project's population be supplied with employee housing. The application states that 25% of the population of the project is employee housing. Based on the Affordable Housing Fee methodology, the applicant should pay 10% of the Affordable Housing Impact Fee of the 3 (3 bedroom) units. This amounts to $2,415. Both the Housing Authority and the Planning Office feel that, in this case only, the fee should be waived. The rationale is that the Housing Authority participation in this development is a pilot project which should be analyzed after the unit is in place. The $2,415 is a negligible amount which need not be imposed on this applicant who intends to supply a critically needed unit for the community. In summary, the applicants have adequately responded to the conditions imposed by the Planning Commission at preliminary plat review. RECOMMENDED MOTION: "Move to approve the Hamwi Subdivision Final Plat, exemption from the growth management process for the employee unit and condominiumization of the tnynits with the l~lowing conditions of approval: l'df'~jV'-I(xlrcf..e-J rM;1P{/ 1. Prior to recordation of the final plat the applicants shall vacate the prior approval for the site. 6 ~ ~ 2. Prior to the applicant shall submit the required condominium plat documents to tfte^ ;:ngineering Department. SuJ, . sidewalk ~o~n~h~Jf~r~~ll be~or::tc:1-zt&~/ 5. The applicant shall revise the plat prior to its recordation to include the following: adjacent streets, edges of pavement, proposed sidewalk locations and drainage swales. (iJ ~Ui;"'~~~S ~rt~~~agecu%;.,"h p:~~~l to ~~t;~~~ce t~f permits, the Engineering Department shall approve drainage plan. 7. All utility lines to the development shall be buried. lhe any the 8. Prior to signature of the final plat and subdivision improvements agreement, the subdivision improvements agreement shall be modified as follows: c. 1). e. a. Page 1, General Development Plan, shall include the book and page numbers for the approved plat. b. Page 3, Water and Sewaqe Svstems The last paragraph is not standard language and shall be deleted. Page 3, Parkinq Spaces The applicants shall provide 12 parking spaces. Page 3, Landscapinq The~alk shall be 'V/ constructed pursuant to the Engineering Department standards, adjacent to the property boundary. The landscaping plan shall be recorded and the book and page number shall be identified in this section of the subdivision improvements agreement; Page 3, Woodburninq Devices - The last sentence shall be deleted and the following shall be inserted. "The development shall be subject to all woodburning regulations in affect at the time the building permit is issued for the development." 7 r-. r-. f. Page 5, Park Dedication Fee This shall be reworded to state that the Park Dedication Fee shall be paid at the time of issuance of a building permit pursuant to Section 5-601 of the Aspen Municipal Code. g. Page 6, Financial Assurances - The price shall be inserted to the satisfaction of the Engineering Department and the exhibit outlining these costs shall be inserted. CftnM / '. RECOMMEiuff~ q.; JI-, CITY MANAGERS ch.hamwi 8 ;-" 1"""'\ MEMORANDUM To: Cindy M. Houben, Planning Office From: Chuck Roth, Assistant City Engineer (!~ Date: October 4, 1988 Re: Hamwi Subdivision Final Plat Having reviewed the above referenced application, and having made a site inspection, the Engineering Department has the following comments: 1. Gravel sidewalks are not in accordance with City specifica- tions which require concrete sidewalks, Council should be consulted about whether or not they want a concrete sidewalk at the project site. 2. The "improvement district" language in the subdivision agreement, item F, does not appear to be in agreement with City standards, specifically the last four lines. 3. The letter of September 22, 1988, from Schmueser Gordon Meyer refers to the drainage on the property saying that the design "will increase the historic rate of recharge." This is not permissible. Current standards are that the historic rate be maintained with no increase or decrease either to run-off from the site or recharging of the aquifer. 4. For subdivision exemption approval, the applicant will be required to submit a plat in accordance with Section 20-15. The adjacent streets must be shown as well as edges of pavements, proposed sidewalk locations, and proposed drainage swales. //,.. If platting is required for other purposes prior to construction, the certificate of occupancy should be conditional on recording an amended plat reflecting as-built conditions. /' 5. It is required by code that the electric service be provided underground. The Engineering Department requests that the applicant be required to bury its telephone and television service connections also, cc: Jay Hammond CR/cr/memo_88.89 " ,:. i /1 ) ~- /// ~ / /' -- . ~ -/ .-., ~ '= << ,,0:; "' .... ., --~, '~ \ '. Ii', (- , I i o f ' ~ ~.. ;f--' , i ~_,_ ,'~ L ,,- ~. ';iJ#1,~,.;_w ~6f::.T~ ~~f:lLTY"~ ,/ " ~y......l.-~nl " .. ..' ./ " V.e.. ......./ II.. A.J~" --- ~~~.~ -" ~ 0,."....'t'rt:Uf .----' -- / -------.~--- ~~ ............;...........-..... ., I . * //1 I { , 1.' I I J '.- .1 , " .. ~, ~, : , <:1., : E4, .- I ,.- s f" Qfv11'd ,-" L:Ll.~M.'..u.:..I..""'"" !"""'\ IAND USE APPLICATICfi :roIM ' PrOject Name SUNNY PARK SUBDIVISION PrOject Location Lot 4, Sunny Park, corner of ,Gibson and Park Avenues (iIxlicate street address, lot & block I1IllIiler, legal description where awropriate) P.resent Zoning RMF-PUD 4) rot Size 5) Applicant's Name, Address & Phone # PAUL R. l~lWI, d/b/a EQUITIES DIVERSIFIED OF COLORADO; P,O. Box 350, Aspen, CO 81612 925-1914 6) Representative's Name, Address & Ehcne # Martha C, Pickett, Law Offices of Gideon I. Kaufman. P,C.. 315 E, Hyman, Suite 305, Aspen, CO 81611 925-8166 7) Type of Application (please dJeck all ~t awly): O:ln:litional Use _ Qn:ept:ual SPA Final SPA Concepb.1al Historic Dev. _ Final Historic Dev. _ Special Review 8040 Greenline _ Qn:ept:ual roD _ Minor Historic Dev. " _ stream Mazgin _ Final roo Mountain view Plane SUbdivision ' , _ Historic Denolition _ Historic Designation ......lL Corrlaniniumization _ Text,IMap Ameudmel.L _ rot SplitjIDt Line Adjustl1art; _ G03 Allotment _ G03 Exarption 8) Description awroxilnate prcperty) . of Existin:J Uses (J'1Imh<>r ani type of existin:J structures, sq. ft., 1'0",*,= of Lc..h.~, any pI:eII'i.aJs aw=vaIs granted to the The DrooertV h,q!=: n:'f"&:l;"r,::.,r! .preliminarv aUDroval of GHP annU~mn,qtory PTm ~vj::llnption. The property will be reviewed by City Council on October 10, 1988, for Final Plat approval. 9) Description of Devel~.t Application Applicant requests approval of condominiumization of the four Sunny Park units. 10) Have}'Ql attac:hed the followin]? 2- Response to Att:adlment 2, Mini.num Snhn;"""ian O:lntents 2- Response to Att:adlment 3, Specific Sl1hn; """ion O:lntents 2- Response to AttadJment 4, Review stamards for Yoor Application -~ ~, . - /",,"\, /",,"\, CONSENT TO CONDOMINIUMIZATION APPLICATION BY THE LAW OFFICES OF GIDEON I. KAUF}UCN, P,C. THAT the undersigned, PAUL R. HAMWI, d/b/a EQUITIES DIVERSIFIED OF COLORADO, being the sole owner of the property described as Lot 4, Sunny Park Subdivision, hereby consents to the submission of a Condominiumization Application to the City of Aspen for the subject roperty. '. (-, ,~ APPLICATION FOR APPROVAL OF PLAN FOR CONDOMINIUMIZATION. SUBDIVISION EXCEPTION. PURSUANT TO ~7-1008 THIS APPLICATION, submitted on behalf of PAUL R. HAMWI, d/b/a EQUITIES DIVERSIFIED OF COLORADO, requests exception from the full subdivision process for the condominiumization of the four (4) units within the Sunny Park Subdivision. The real property is described as follows: Lot 4, Sunny Park Subdivision Pitkin County, Colorado. A Disclosure of Ownership has been provided to the Planning Office as part of the Final Plat Application. A Consent to file this Application is attached. 97-1008 of the Aspen Municipal Code sets forth the requirements by which this condominiumization may be approved. Included in this section are the following requirements: (1) Existing tenants must be given notice of sale and right of first refusal [subparagraph lea)]. (2) All units must be restricted to six (6) month minimum leases with no more than two (2) shorter tenancies per year [subparagraph l(b)]. (3) An Affordable Housing Impact Fee may be imposed unless the project has provided affordable housing under 98-l06(E) (5). Applicant is requesting that this fee be waived by virtue of the fact that this project was exempt from the GMP; however, has provided 25% of the project's population as employee housing [subparagraph (c)]. (4) The unit shall be inspected for fire, health and safety conditions prior to Condominiumization [subparagraph l(d)] . Condominiumization permits the separate ownership of each unit and the common ownership of certain designated common areas. This application contemplates the creation of a declaration of covenants and restrictions which shall govern the subject units and a condominium map which shall depict the areas in separate ownership and the areas in common ownership. The approval of this Application for Subdivision Exception does not contravene the intent and purpose of the full sUbdivision,procedure, and does not impact the following concerns expressed as purposes for the subdivision regulations: the need for public services, planned subdivision, survey standards, and consumer protection. The granting of this Application is not detrimental to the public welfare or injurious to other property in the area since the - 1 - . ,,,.....,, "....., . result of the proposed condominiumization is merely a change in the ownership format. There is currently only one tenant on the property. Applicant has been unable to reach the tenant regarding a waiver of first right of refusal. Such a waiver will be provided, or Applicant shall provide a notice of such right as required. Applicant acknowledges that this project will be subject to the six-month minimum lease restriction pursuant to 97-1008 A(1) (b). Such restriction will be set forth in the Declaration of Covenants, Restrictions and Conditions to be recorded in the Pitkin County records. As part of the Final Plat Application, a drawing of the project has been provided. This will be supplemented by a condominium map after installation of drywall. Applicant acknowledges that a condition of recordation will be Engineering Department approval of the condominium map before recordation. These units will be inspected to insure that they meet current fire, health and safety requirements. A Certificate of Occupancy will issue only if they pass the complete inspection required for new construction. Respectfully submitted this 30th day of September, 1988. LAW OFFICES OF GIDEON I. KAUFMAN, a Professional corWjration I '/ J F-~ By W,' Tc./~ Mar~ C Pic ett U \hamwi\condo.app - 2 - DON MEYER me. ~512 Grand Avenue, Suite 212 .3lenwood Springs, Colorado 81601 (303) 945.1004 CONSUL TING ENGINEERS & SURVEYORS September 22, 1988 Mr. Larry McKinzie Stan Mathis Architects P.o. Box 1984 Aspen, CO 81612 FE: Harnwi Drainage Dear Larry: This letter is intended to se):ve as a report regarding the drainage calculations (attached) and conclusions wade for the Hamwi 'lbwn- houses. '!he existing site (and proposed) is housed upon a 0.3075 acre lot. The existing useage for the lot is separated as follows: ....'; 0.05 acres of roof area 0.02 acres of ooncrete ar'la 0.25 acres of grass area The oombined useage as listed above represents a romposite runoff coefficient of 0.39. The flow direction on the lot generally flows from east to west with time of ooncentration equal to ten minutes. Based upon the ten-minute time of ooncentration, the following rainfall intensities are determined for the Aspen area and for this site specifically: 125 = 3.03 inches per hour 1100 = 4.38 inches per hour Based upon the rational method of runoff estimation and the data representative of the site, the following historic peak flows are determined: 025h = 0.365 cfs Q100h = 0.606 cfs The developed oonditions for the site are proposed to allow off-site drainage to be diverted around the site. An approximate 20' to 25' strip of landalonq the south property line and along the east prop- erty line will be proposed to drain off site as well. '!his area is proposed to be landscaped area with a coefficient of runoff equal to 0.25 in the 25-year case. and 0.31 in the 100-year case. 'Lbwards the north portion of the site, the parking area is proposed for the Hamwi 'Lbwnhouses, along with the driveway for the Hamwi 'lbwnhouses. '!he remainder of the site will be romposed of the structure for the Harnwi Townhouses. '!he drainage, as developed within the parking and driveway, will be proposed to be ooncentrated and oollected near the northwest oorner of the site in a drywell. The roof drainage, it- self, will also be directed to this drywell. ,"""". ,?,,<\ September 22, 1988 Mr. larry McKinzie Stan Mathis Architects Page two As I discussed with you earlier, the grading on the site is such that all the water developed on site will remain on site, and will eventu- ally be dissipated through the drywell. The volume of water gener- ated during the 100-year rainfall event is representative of 708 cubic feet of water. This amount of water must be stored on site until such time the drywells are capable of dissipating the water into the qroundwater. It is proposed that the drywell located in the parking area is to be a 6' diameter by 12' 6" deep drywell (353 cubic foot storage capacity). It is also proposed that the drywell located in the lowest unit (Unit A) is to be a 4' diameter by 10' deep dry- well, with a 125 cubic foot storage capacity. The volumes of the drywells combined are still insufficient to store the 100-year developed event on site. Therefore, it is determined that the grading be adjusted such that above-surface storage is also needed to acco!ll1lodate the remaining volumes. Rim elevations shown on each drywell represent elevations needed to obtain a pond located both in the parking lot above the 6' diameter drywell, and in the garage area above the 4' diameter drywel1. The amount of storage in the pond above the 6' diameter drywell is proposed to be 99 cubic feet; the volume above the 4' diameter drywell is proposed to be approximately 131 cubic feet. The City of Aspen I s drainage requirements state that - the developed runoff cannot be higher than the historic case. If a 60 gpn pump were utilized as a sump pump, this would represent a rate of flow from the site of much less than the historic rate of runoff. In essence, if a pump were deemed needed to discharge excess flows from the site above the drywells, then a 60 gpn pump could be used to maintain historic rates of runoff. 1Ilso, as per City of Aspen Drainage requirements, the recharae rate in the developed case be maintained at a rate equal to the historic case. This particular drainage plan will not only maintain the historic rate of recharge, but will increase the historic rate of recharge. I trust this report and the accompanying drainage plan serve their intended fUrpose. If you have any questions, please do not hesitate to call. ""1' Sincerely, INC. ,...", ~ ASPEN/PITKIN PLANNING OFFICE 130 S. Galena street Aspen, Colorado 81611 (303) 925-2020 Date: 9/21/88 Marty pickett Law Offices of Gideon Kaufman P.C. 315 E. Hyman Avenue Aspen, Colorado 81611 RE: Hamwi Subdivision Final Plat Dear Marty, This is to inform you that the Planning Office has completed its preliminary review of the captioned application. We have determined that your application IS complete. We have scheduled your application for review by the city Council on October 10, 1988. The Friday before the meeting date, we will call to inform you that a copy of the memo pertaining to your application is available at the Planning Office. If you have any other questions, please call Cindy Houben the planner assigned to your case. , Sincerely, Debbie Skehan Administrative Assistant ....."'-~_. - ,~ 1512 Grand Avenue, Suite 212 , Glenwood Springs, Colorado 81601 (303) 945-1004 SCHMUEi. "ORDON MEYER INC. CONSUL rING ENGINEERS & SURVEYORS September 12, 1988 Mr. Larry McKinzie c/o Stan Mathis Architects P.O. Box 1984 Aspen, co 81612 RE: Engineering Site Analysis Hamwi Townhouses Dear Larry: Please find detailed herein our engineering report for the above-refer- enced property. It is our understanding that the project will consist of three attached single-family residences situated on property located on the corner of Park Circle and Park Drive. '!he purpose of this re- port is to provide the necessary supplemental engineering information necessary for a Detailed Submission. There currently exists three rental units on the property 1 this pro- posal is to replace those three units with the same number of units. Normal engineering design analysis would treat the service requirements of the existing and proposed property uses as identical and, therefore, the total impact on service systems is very limited. DRAINAGE Our evaluation of the drainage characteristics of the project site is based upon a site visit, as well as a review of the proposed and exist- ing topographic data provided by yourself. The site generally drains from east to west across the site. Because of the proposed grading, the garage areas and paving/parking areas will be serviced by drywells located on the property. There will be no sur- face water discharge from the drywells. 'llle periphery of the property will generally be allowed to drain off site. '!he proposed surface run- off rate from the porperty will be kept at, or below, the historic run- off rate. Installation of the drywells will allow subsurface recharge to occur. Subsurface recharge rates will be kept at, or above, the historic recharge rates. EIlGSICN There are no significant problems anticipated with respect to erosion on the site. An inspection of the site indicates there are currently no existing problems related to intermittent runoff flow. '!he proposed development will result in the surface area of the project oampletely covered with either impervious surfaces or heavily landscaped areas. ,.,....., ,,-, ~ September 12, 1988 Me. Larry McKinzie c/o Stan Mathis Architects Page two Construction activities will totally disrupt the site while the con- struction is actually taking place. It will be necessary to remove topsoil materials, stockpile the topsoil and return it to prop:>sed landscaped areas. Because of the intensity of use of the site during construction, it is anticipated that excavated materials will effect- ively berm the property preventing any surface water flow through the site onto adjacent properties or into adjacent drainage systems. WASTBWATER TRElmIENT AND COLLECTICN Collection facilities of the Aspen Consolidated Sanitation District are located in adjacent roadways. A service line extension only will be required for collection. Treatment of wastewater flows will be at the ACSD wastewater treatment facility. WATER NEEDS The project can be served from existing City of Aspen water system lines located in adjacent roadways. Existing fire hydrants are located in the vicinity of the project on both Park Drive and Park Circle. We would not anticipate the need for any additional fire hdyrants directly adjacent to this project. IMPAC'l'S CN ROAD ::;1/:>-1__ The project will be serviced by system adjacent to the project. Park Circle and Park Drive. the local City of Aspen urban street Immediate access will be provided by Because the ntm1ber of units is not increasing, there is no anticipated increase in the amount of vehicle trips generated. The street system in this p:>rtion of the City can be characterized as having relatively narrow streets with limited on-street parking. This project is prop:>s- ing off-street parking and is not expected to impact the on-street parking problem. It is reasonable to assume that the streets in this p:>rtion of town will need to be upgraded at some p:>int in the future, and would probably use a Special Improvement District as a mechanism for funding. There is no reason to make any roadway improvements ad- jacent to this property, since they would not be consistent with any of the existing p:>rtion of the roadway and, most likely, would prove to be incomotible with any Master Plan for the area. The existing driveway access is from Park Drive; the prop:>sed access is to be from Park Circle at the farthest p:>int p:>ssible from the Park DrivejPark Circle intersection on the property, and adjacent to the driveway entrance to the property immediately to the north. Driveway access will be from a roadway which has less traffic count than the current access p:>int. . ^ ,~ September 12, 1988 Mr. Larry McKinzie c/o Stan Mathis Architects Page three WGICAL EXTENSIOO OF UTILITIES Telephone, electric, cable TV and gas utilities are all available in the adjacent roadways. Service is already provided to this property with the exception of gas. Either the existing service lines or new service lines would be extended to provide service. 'Ibis project would oot require the extension of any main utility lines, oor would create new properties requiring utility service. GOOWGIC HAZARJl;/FUlOOPIAIN HAZARD There are no apparent geologic hazards associated with this property. There are no identified mine adits or tunnels: there is not a rockfall hazard. 'Ihe site is close to the identified Superfund hazard area, but not designated as ]:art of the hazard area. However, if mine tailings are exposed during excavation, they should be analyzed and removed as necessary. The site is not in a designated floodplain hazard area. I trust the above information is sufficient to address the sul:rnittal requirements for this project. Under se]:arate rover, we are forwarding detailed calculations with respect to sizing of drainage system compon- ents. In sumnary, from an engineering standpoint, this project basi- cally has 00 impacts on adjacent public roadway and utility systems. I will remain available to answer any questions roncerning the informa- tion presented herein, and to provide whatever additional clarifica- tions or roodifications to this report which are required. Respectfully sul:rnitted, SCHMUESER OOROON MEYER, . ec/8164 ,- .- MEMORANDUM TO: Aspen Planning and Zoning Commission Cindy Houben, Planner Hamwi Subdivision FROM: RE: DATE: September 6, 1988 ================================================================ On July 19, 1988 the Planning Commission reviewed the Hamwi Subdivision application and set the Public Hearing for August 9, 1988. The City Council passed an Administrative Delay Resolution on August 8, resulting in the delay of the Hamwi SUbdivision. On August 30 the City Council approved an exemption from the Administrative Delay for the Hamwi project. At the July 19 meeting, the Planning Commission reviewed the application and made preliminary comments indicating the approval of the subdivision request with an option to place an employee unit on site. The Planning Commission reviewed the conditions recommended by the Planning Office as listed below. Several modifications to these conditions were made at the meeting. I have placed the applicants response to these conditions below each condition. L The applicants shall submit a final landscape plan to the Planning Office no later than August 2nd in order for the Planning Office to review the plan prior to the August 9th Public Hearing before the Planning Commission. RESPONSE: The applicants have submitted a final landscaping plan as was requested. The landscaping plan provides a variety of deciduous blooming species as well as cottonwoods and one 8 foot blue spruce. This plan will be available for review at the Planning Commission meeting. 2. The applicants shall submit a final plat and associated final plat documents pursuant to the Code requirements. These documents should include drawings and language which clarifies the optional employee unit situation. RESPONSE: This is to be submitted prior to the City Council review of Final Plat. 3. The applicants shall eliminate the patios from within the side yard setback by either moving the building to the north or making the patio areas smaller. 1"""\ 1"""\ RESPONSE: The applicants were to discuss this with Bill Dreuding, Zoning Officer prior to tonights meeting. At the time this memo was written this still had not been accomplished. 4. The applicants shall submit a letter to the Planning Office from the Water Department noting whether the water line connection between Neale Street and King Street is necessary. RESPONSE: Larry McKenzie of Stan Mathis I s office assured the Planning Office that the Water Department will no longer require this connection. No letter has been submitted. However, a representative from the Water Department did call me to confirm that the Water Department had installed the necessary lines when Centennial was constructed. The Planning Office recommends that this condition be eliminated. 5. The applicants shall supply a general utility easement pursuant to the Engineering Department memo dated June 27, 1988. RESPONSE: The applicants have stated that they will supply whatever easement is necessary. 6. The applicants shall be subject to all environmental health air pollution/fireplace regulations in place at the time a building permit is requested and to all conditions as listed by Lee Cassin in her memorandum dated May II, 1988. RESPONSE: This shall become a condition of Final Plat submission. 7. The employee unit shall be restricted to the middle income guidelines prior to recordation of the final plat. RESPONSE: The subdivision improvements agreement shall reflect this restriction. 8. The applicant shall be required to vacate the prior approval pursuant to section 7-1007 (c) prior to the recordation of the plat for this project. Other discussions at that meeting revolved around the ability for the applicant to place more employee units on site. The Planning Commission directed the Planning Office to speak with the Housing Authority about the possibility of the Housing Authority helping build on site employee units in some of these projects and/or helping defray the cost of the fees involved in developing a unit (water tap fees, impact fees etc.). At the last meeting on August 8 these issues were discussed with the applicant, Jim Adamski and the Planning Commission. 2 r, ~ RECOMMENDATION: Approval of the request for exemption from mandatory PUD, approve the request for exemption from GMP for the optional employee unit and approve the application as the preliminary submittal for the Hamwi Subdivision with the conditions as listed. (Please refer to the July 19, 1988 memorandum from the Planning Office) . 1. Prior to review by the city Council the applicants shall submit a Final Plat and associated Final Plat documents pursuant to the Code requirements. These documents should include drawings and language which clarifies the optional employee unit situation. 2. The applicants shall eliminate the patios from within the side yard setback by either moving the building to the north or making the patio areas smaller. 3. The applicants shall supply a general utility easement pursuant to the Engineering Department memo dated June 27, 1988. 4. The applicants shall be subject to all environmental health air pollution/fireplace regulations in place at the time a bUilding permit is requested and to all conditions as listed by Lee Cassin in her memorandum dated May 11, 1988. 5. The employee unit shall be restricted to the middle income guidelines as part of the Final Plat recorded documents. 6. The applicant shall be required to vacate the prior approval pursuant to section 7-1007 (c) prior to the recordation of the Final Plat for this approval. ch.hamwipc2 3 1"""\, ,-" MEMORANDUM TO: Aspen Planning and Zoning Commission Cindy Houben, Planner FROM: RE: Hamwi Subdivision DATE: August 9, 1988 ================================================================ On July 19, 1988 the Planning Commission reviewed the Hamwi Subdivision application and set the Public hearing for August 9, 1988. The Planning Commission reviewed the application and made preliminary comments that they approve the subdivision request with an option to place an employee unit on site. The Planning Commission reviewed the conditions recommended by the Planning Office as listed below. Several modifications to these conditions were made at the meeting. I have placed the applicants response to these conditions below each condition. 1. The applicants submit a final landscape plan to the Planning Office no later than August 2nd in order for the Planning Office to review the plan prior to the August 9th Public Hearing before the Planning Commission. RESPONSE: The applicants have not submitted this plan. They intend to submit a plan at the meeting. Unfortunately this will not give the Planning Office time to review the plan prior to the meeting. 2. The applicants shall submit a final plat and associated final plat documents pursuant to the Code requirements. These documents should include drawings and language which clarifies the optional employee unit situation. RESPONSE: This is to be submitted prior to the City Council review of Final Plat. 3. The applicants shall eliminate the patios from within the side yard setback by either moving the building to the north or making the patio areas smaller. RESPONSE: The applicants were to discuss this with Bill Dreuding in the Zoning Dept. prior tonights meeting. At the time this memo was written this still had not been accomplished. 1""'\ 1""'\, 4. The applicants shall submit a letter to the Planning Office from the Water Department noting whether the water line connection between Neale street and King Street is necessary. RESPONSE: Larry McKenzie of Stan Mathis I s office assured the Planning Office that the Water Department will no longer require this connection. No letter has been submitted. 5. The applicants shall supply a general utility easement pursuant to the Engineering Department memo dated June 27, 1988. RESPONSE: The applicants have stated that they will supply whatever easement is necessary. 6. The applicants shall be subject to all environmental health air pollution/fireplace regulations in place at the time a building permit is requested and to all conditions as listed by Lee Cassin in her memorandum dated May 11, 1988. RESPONSE: This shall become a condition of Final Plat SUbmission. 7. The employee unit shall be restricted to the middle income guidelines prior to recordation of the final plat. RESPONSE: The SUbdivision improvements agreement shall reflect this restriction. 8. The applicant shall be required to vacate the prior approval pursuant to section 7-1007 (c) prior to the recordation of the plat for this project. Other discussions at that meeting revolved around the ability for the applicant to place more employee units on site. The Planning Commission directed the Planning Office to speak with the Housing Authority about the possibility of the Housing Authority helping build on site employee units in some of these projects and or helping defray the cost of the fees involved in developing a unit (water tap fees, impact fees etc.). Please see the attached memo from Jim Adamski which notes that the applicants never gave the Housing Authority a proposal which could be evaluated. Jim Adamski will be present at the meeting to answer any questions. RECOMMENDATION: Approval of the request for exemption from mandatory PUD, approve the request for exemption from GMP for the optional employee unit and approve the application as the preliminary submittal for the Hamwi SUbdivision with the conditions as listed. (Please refer to the July 19, 1988 memorandum from the Planning Office). 1. The applicants submit a final landscape plan to the r""'" ,"""'\, Planning Office no later than August 2nd in order for the Planning Office to review the plan prior to the August 9th PUblic Hearing before the Planning Commission. 2. The applicants shall submit a final plat and associated final plat documents pursuant to the Code requirements. These documents should include drawings and language which clarifies the optional employee unit situation. 3. The applicants shall eliminate the patios from within the side yard setback by either moving the bUilding to the north or making the patio areas smaller. 4. The applicants shall submi t a letter to the Planning Office from the Water Department noting whether the water line connection between Neale Street and King street is necessary. 5. The applicants shall supply a general utility easement pursuant to the Engineering Department memo dated June 27, 1988. 6. The applicants shall be subject to all environmental health air pollution/ fireplace regulations in place at the time a building permit is requested and to all conditions as listed by Lee Cassin in her memorandum dated May 11, 1988. 7. The employee unit shall be restricted to the middle income guidelines prior to recordation of the final plat. 8. The applicant shall be required to vacate the prior approval pursuant to section 7-1007 (c). ch.hamwipc2 ~ ,,-., MEMORANDUM TO: CINDY HOUBEN, PLANNING OFFICE FROM: JAMES L. ADAMSKI, HOUSING DIRECTOR HAMWI SUBDIVISION RE: DATE: AUGUST 9, 1988 This memo concerns the Hamwi SUbdivision and PUD and request for exemption for Growth management for an employee unit. It specifically response to Paul Hamwi and his architect Stan Mathes comments at the June 7, 1988 meeting with the Aspen City Planning and Zoning Commission regarding employee housing and the Housing Authority's interaction with this applicant. Paul Hamwi made reference to two issues concerning the Housing Authority (1) the payment-in-lieu and (2) the Authority's inability to work with him. First, the payment-in-lieu program- the applicant states that we are sitting on this money and that it should be put to use to construct employee housing. The payment-in-lieu fund is approximately $500,000 and is scheduled to be used as seed money in 1989 for the construction of rental and sales deed restricted units. The Housing Authority has spent a small amount to initiate the development of one small rental projected and to research potential development sites. Second, regarding working with the applicant, Mr. Hamwi states "...In fact up until yesterday was trying to crunch numbers with the Housing Authority to make it (an 11 unit project) work before we came before you people so we wouldn't have to give up on the 11 units." Neither Mr. Hamwi nor any of his representatives have presented any numbers to the Housing Authority for the production of employee housing. Mr. Hamwi, his agents and persons inter- ested in purchasing his property, have approached me (by tele- phone) with vague concepts for employee housing on the Hamwi site. I gave them what information I could based on "what if scenarios" and requested that tliey reduce their thoughts to writing and SChedule a meeting with the Housing Authority to review how we could best assist them in the production of employee housing the Housing Authority has not received anything from this applicant. In summary, the Housing Authority's intent is to use the payment -in-lieu funds as seed money to assist the private and non-profit sectors in the production of deed restricted employee housing. This assistance can range from the research and development stage to production and can take any form that is practical and cost effective. We are interested in sitting down with Mr. Hamwi to determine how we can be of assistance to him for the production of employee housing. ,1""'\ 1""'\ MEMORANDUM TO: Aspen Planning and Zoning Commission FROM: Cindy Houben, Planning Office RE: Hamwi SUbdivision DATE: July 19, 1988 ---------------------------------------------------------------- ---------------------------------------------------------------- APPLICANT: Paul Hamwi REQUEST: Subdivision and PUD (replacement of existing units) and a request for exemption from Growth management for an employee unit. LOCATION: Lot 4, Sunny Park SUbdivision, address 170 N. Park Avenue, located at the intersection of Park Avenue and Park Circle. ZONING: RMF PUD HISTORY: This parcel received a Growth management approval in 1985 for 11 units (4 new free market, 3 replacement free market and 4 employee units). This approval expires on September 1, 1988. The applicant has applied for an extension of this approval while he is in this review process. A copy of the approved site design is attached for comparison purposes. DESCRIPTION OF THE PROPOSAL: This application was not given adequate public notice for this meeting. Therefore the Planning Office is requesting that the Planning Commission review the application at this meeting and open the Public Hearing at a special meeting on August 9th in order for adjacent landowners and other concerned citizens to respond. No formal action should be taken by the Planning Commission at tonight's meeting. The applicant proposes to demolish 3 existing units on the 13,000+ square foot lot and reconstruct 3 new townhouse structures and an optional employee unit. The 3 free market units are proposed to be approximately 2,950 square feet each. The optional employee unit is proposed to be approximately 1,600 square feet. The applicants desire is to construct one employee unit on site, however he is unsure as to whether or not he can afford to build the employee unit at this time. Therefore, he is requesting an exemption from growth management for the employee unit in order to allow him to construct the unit if it turns out to be ,-- ,~ financially feasible. Attached are copies of the design of the development with and without the employee unit. SITE DESCRIPTION: The site is a relatively flat site which is bordered on two sides by public roadways (Park Circle and Park Aveue). The parcel is 13,393 square feet. The RMF zone district allows a I: 1 FAR. The proposed square footage and unit size is as follows: three (3) bedroom units ranging between 2,920 and 2,980 sq. ft. one (1) bedroom employee unit of 1,660 sq. ft. Total of 15 bedrooms and 10,510 sq. ft. The surrounding land uses are mixed. Directly to the north and east of the site are multi-family structures. To the south and west of the site are multi-family, duplex and single family structures. The Smuggler Mountain area consists of some old and new structures which have traditionally been owned and rented by individuals who live and work in the community. REFERRAL COMMENTS: 1. ENGINEERING: In a memo dated June 27, 1988 Chuck Roth of the Engineering Department made the following comments: 1. This parcel has previously been reviewed for development in 1981, 1982, and 1985. 2. The sal ient item from previous reviews, in terms of engineering considerations, appears to be the possible need of a water line connection between the 6" line on King street and the 6" line on Neale Street. The Water Department should be contacted to determine if this requirement should be carried forward from previous applications. 3. The electric utility serving the project site is Holy Cross. They would like, and the City Engineering Department supports, a seven and a half foot general utility easement all around the lot line. 4. For SUbdivision exemption approval, the applicant will be required to submit a plat in accordance with Section 20- 15. If platting is required for other purposes prior to construction, the certificate of occupancy should be conditional on recording an amended plat reflecting as-built conditions. 2 ,-., ,-., 2. FIRE MARSHAL: The Fire Marshal noted in a memo dated May 10, 1988 that the site is within a four minute response time and that adequate water is available to service the area. 3. HOUSING AUTHORITY: In a memorandum dated June 22, 1988 Jim Adamski of the Housing Authority notes that the proposal does not require that employee housing be provided and that he encourages the applicant to provide the deed restricted housing. This unit should be restricted to the middle income guidelines. 4. WATER DEPARTMENT: In a memo dated May 18, 1988 Jim Markalunas of the Water Department notes that the proposal can be served by the Water Department. 5. Aspen Consolidated Sanitation District: In a memo dated June 30, 1988 Heiko Kuhn of the ACSD states that the project can be served with the existing facilities. 6. ENVIRONMENTAL HEALTH: In a memo dated May 11, 1988 Lee Cassin of the Environmental Health Dept. notes the following: 1. The Environmental Heal th Department assumes that the proposal will be served by City Water and sewer. 2. There is no statement as to how many fireplaces and stoves are planned. The entire project is allowed one fireplace (which will have to contain gas logs if pending legislation passes on second reading) and one certified stove (or a second fireplace containing gas logs if pending legislation passes.) Unlimited numbers of natural gas fireplace appliances are allowed. Each of these devices requires a permit from the Aspen/Pitkin Environmental Health Department. 3. A fugitive dust plan must be submitted to this office to ensure that dust is controlled during demolition and construction. Prior to demolition, the eXisting building should be tested to determine whether asbestos is present. If any is found, it must be disposed of in an approved manner. 4. The applicant is advised to contact this office for comment should mine waste, waste rock or mine dumps be encountered during the excavation phase of the project. Disposal of such materials Off-site is discouraged due to the possibility of excessive heavy metals being present in the soil. 5. Since this project is located within the Smuggler Mountain Hazardous Waste Site, the applicant is urged to 3 ~ ..- 1 contact the U.S. Environmental Protection Agency. The EPA contact person is Marilyn Null at 293-1698 (Denver). The EPA requires information on any building project within the hazardous waste boundaries. 6. Construction activities should be limited to the hours of 7 am until 10 pm. STAFF COMMENTS: 1. This application was made pursuant to the old code. The proposal to replace three eXisting units is exempt from the Growth Management system. In addition, the applicant is requesting exemption from Growth Management in order to build a deed restricted employee unit. The applicant is also requesting exemption from the mandatory PUD provisions of the Code. 2. The three existing units were verified in the process of reviewing the previous approvals for this property. 3. The application requests exemption from mandatory PUD (section 24-8.13). The Planning and Zoning Commission has the ability to exempt an application from mandatory PUD if you make the determination that the proposal meets the objectives of the PUD regulations and therefore is not required to go through the entire PUD development review. The mandatory PUD development criteria and the applicants response to those criteria are as follows: 1. Criterion. pressure and development. Response. In the 1985 Residential GMP process, the Planning Department noted the fOllowing: "The Water Department reported that the proposed development can be serviced with no problem due to the extension (looping) of the eXisting water line in Park Circle Drive which was accomplished by Centennial. The existing eight inch (8") trunk line in Park CirCle and sewage treatment plant can service this Project." Whether there exists sufficient water other utilities to service the intended 2. Criterion. The existence of adequate roads to insure fire protection, snow removal and road maintenance. Response. The project is accessible by Park CirCle and Park Avenue; fire protection is adequate by virtue of a fire hydrant approximately fifty feet (50') from the property and response time is under four (4) minutes. 3. Criterion. The suitability of the site for development considering the slope, ground and stability, and the 4 ,-., ~ possibility of mud flow, rock falls and avalanche dangers. Response. There are no potential environmental problems related with the site. 4. Criterion. The effects of the development of the natural water shed, runoff, drainage, soil erosion and consequent effects on water pollution. Response. The proposed drainage plan is shown on the Site Plan. The development will have minimum impact upon drainage because of the natural terrain of the site. All drainage from pavement of the site will be retained on-site through dry wells. 5. Criterion. The possible effects on air quality in the area and city-wide. Response. The Applicant acknowledges that the maximum of one (1) woodburning fireplace woodburning stove for the proposed structure. 6. Criterion. The design and location of any proposed structure, roads, driveways or trils and their compatibility with the terrain, which is basically flat. Some vegetation is being relocated on-site. Code allows a and one (1) Response. The proposed structure is compatible with the terrain, which is basically flat. Some vegetation is being relocated on-site. 7. Criterion. Whether proposed grading will result in the least disturbance to the terrain and other natural land features. Response. Proposed excavation and grading are designed to have minimum effect upon the naturally flat terrain. (See Grading and Excavation Plan.) 8. Criterion. The placement and Clustering of structures and reduction of building height and scale to increase open space and preserve natural features of the terrain. Response. The proposed structure is placed away from existing structures, and is within the available height and FAR restrictions. In summary the Planning Office does not object to the waiver of the mandatory PUD procedures for the proposal. The applicants have adequately addressed the criteria listed above. Given the form of the development (multi-family) the applicants have addressed the clustering aspects of the intention of the PUD 5 ,-" ,,......,,, regulations. In regard to the design aspects of the structure the applicants propose a three story bUilding with lap wood siding and pitched roof lines (see attached design). The applicants did not provide us with a copy of the elevation and design of the structure if the employee unit is not to be included. The Planning Office assumption is that the structure will look basically the same with the smaller inside (employee unit) taken out. The proposed setbacks for the two optional designs are as follows: PROPOSED: REQUIRED: 4 UNIT DEVELOPMENT: Front yard - 14' 10' Rear yard - 11' 10' Side yard - 10' 5' Side yard - 10' 5' PROPOSED: REQUIRED: 3 UNIT DEVELOPMENT: Front yard - 22.5' Rear yard - 10.5' Side (north) - 30' Side (south) - 10.5' 10' 10' In both cases the patios for the structures encroach into the north side yard setback. The Planning Office recommendation is to ei ther cut down the size of these patios or move the buildings further to the south side of the lot. No request for a variation of the setback was requested in the application. The application states that a gravel sidewalk will be provided by the applicant until such time the City Engineering Department determines the exact location of the road alignment and R.O.w. along the property lines. At such time this is determined the applicants will construct a sidewalk meeting code requirements. The maximum height in the RMF zone district is 25 feet (with allowance for 5 additional feet to the peak of the roof). The proposed elevations illustrate a maximum height of 30 feet to the top of the roof line from existing grade. This meets the code requirements. The individuals who will be most affected by the project are those living in the multi-family structures to the north and northeast. These individuals will lose a great deal of their existing views towards the south and west due to the height and location of the proposal. The only way to mitigate the impact is to require that the applicants build a single story structure. This design however would require the units be totally reconfigured on the parcel and that the applicants resubmit a plan. As you can tell from the prior approval, the new proposal 6 ,-, ,- reduces the overall buildout on the site and leaves a greater buffer at the intersection of Park Avenue and Park Circle. The staff feels that the current proposal is a much less intensive site design than what is currently approved and will have less impact on the neighborhood. The access to the site is proposed off of Park Circle. Each unit will contain a 2 car garage and one additional space per unit is supplied in the northwest corner of the lot. This meets the requirements of the code with regard to parking. The proposal is to provide limited landscaping around the buildings. The exact size and type of trees has not been submitted by the applicant at this time. The Planning Office recommends that the corner of the property (at the intersection of the two streets) have the most concentrated area of landscaping since it will be the most visible from a public perspective. We also recommend that the applicants supply the Planning Office with a more detailed landscape plan to be reviewed by the Planning Commission on the 9th of August. At that time a final recommendation from the Planning Commission can be sent to the City Council. 4. The applicant is requesting exemption from the Growth Management competition pursuant to section 24-11.2. The proposed employee unit is a two bedroom 1,600 square feet unit. The Planning Office and Housing Authority recognize the need in the community for additional employee housing and strongly encourage the Planning Commission to approve this exemption request for a deed restricted unit on site. 5. The request for the three units is consistent with the area and bulk requirements for the RMF zone district. 6. The 1973 Aspen Area Comprehensive Plan designates this area as a multi-family area which is consistent with the proposed use. RECOMMENDATION: The Planning Office advises the Planning Commission to withhold a final approval of the application until August 9, 1988 after the Public Hearing on the application has been Officially held. The Planning Office recommends that at that time, the Planning Commission approve the request for exemption from mandatory PUD, approve the request for exemption from Growth Management for the optional employee unit and approve the application as the preliminary submittal for the Hamwi subdivision with the following conditions: 1. The applicants submit a final landscape plan to the Planning Office no later than August 2nd in order for the 7 ~ ,,......., Planning Office to review the plan prior to the August 9th Public Hearing before the Planning Commission. 2. The applicants shall submit a final plat and associated final plat documents pursuant to the Code requirements. These documents should include drawings and language which clarifies the optional employee unit situation. 3. The applicants shall eliminate the patios from within the side yard setback by either moving the building to the north or making the patio areas smaller. 4. The applicants shall submit a letter to the Planning Office from the Water Department noting whether the water line connection between Neale Street and King Street is necessary. 5. The applicants shall supply a general utility easement pursuant to the Engineering Department memo dated June 27, 1988. 6. The applicants shall be subject to all environmental health air pollution/ fireplace regulations in place at the time a building permit is requested and to all conditions as listed by Lee Cassin in her memorandum dated May II, 1988. 7. The employee unit shall be restricted to the middle income guidelines prior to recordation of the final plat. 8. The applicant shall be required to vacate the prior approval pursuant to section 7-1007 (c). ch.hamwi 8