HomeMy WebLinkAboutLand Use Case.107 Juan St.A06-94
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CASELOAD SUMMARY SHEET
City of Aspen
DATE RECEIVED: 01/28~4 / PARCEL ID AND CASE NO.
DATE COMPLETE: i I 9/- q 1 2735 131 14-002 A06-94
/ . STAFF MEMBER: ML
PROJECT NAME: Juan Street Affordable Housin Pro osal
Project Address: 107 Juan Street u r
Legal Address: Lots 3.4.5.6. Block 11 Eames ddition
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APPLICANT: Aspen/Pitkin County Housinq Authority
Applicant Address:
REPRESENTATIVE: Alan Richman
Representative Address/Phone: 215 S.'Monarch.#G-101
Aspen. CO 81611 920-1125
--------------------------------------------------------------
--------------------------------------------------------------
FEES: PLANNING
ENGINEER
HOUSING
ENV. HEALTH
TOTAL
$ 0
$
$
$
$ 0
# APPS RECEIVED 20
# PLATS RECEIVED
TYPE OF APPLICATION:
PUBLIC
VESTED
1 STEP: 2
HEARING:~
RIGHTS: ~
HEARING~
RIGHTS:~
STEP&
~~ y~
NO
NO
P&Z Meeting Date
CC Meeting Date
PUBLIC
VESTED
DRC Meeting Date Rio, JO
---------------------------------------------------------------
---------------------------------------------------------------
REFERRALS:
City Attorney X Parks Dept. School District
~ City Engineer Bldg Inspector Rocky Mtn NatGas
Housing Dir. ./(' Fire Marshal .--1:" e!S.e!' S.hr~
~ Aspen Water Holy Cross Clean Air Board
- City Electric Mtn. Bell Open SJl~9?rt3oard
,J( Enyir.Hlth. ..>v ACSD --k Other if ~ - fl:.YJ Al
)( Zoning Energy Center ~ Other -PC- .
DATE REFERRED: -.Lj '1 I INITIALS: ~ DUE: 2.1 n
===============================================~~~=7====4=======
FINAL ROUTING: DATE ROUTED: /lIr/f1 INITIAL:~'
--- CitY,Atty ___ City Engineer~ZOning ~EGv~alth
--- Hous~ng ___ Open Space other:~~
FILE STATUS AND LOCATION:
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372119 B-755
SILVIA DAVIS
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P-583 07/15/94 01:20P PG 1 OF 43
PITKIN COUNTY CLERK & RECORDER
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REC
215.00
DOC
PLANNED UNIT DEVELOPMENT AND SUBDIVISION AGREEMENT
FOR JUAN STREET HOUSING PROJECT
This PLANNED UNIT DEVELOPMENT AND SUBDIVISION AGREEMENT is
made and entered into by and between the City of Aspen, Colorado,
a municipal corporation and home rule charter city (hereinafter
referred to as the "city") and the Aspen/Pitkin Housing Authority,
a multi-jurisdictional housing authority established pursuant to
the AMENDED AND RESTATED INTERGOVERNMENTAL AGREEMENT recorded in
BOok 605 and Page 751 of the records of the Pitkin County clerk and
Recorder's Office (hereinafter referred to as the "Owner").
WIT N E SSE T H
WHEREAS, in 1994 the Owner submitted to the City for approval
a development application for a residential project (hereinafter
referred to as the "Project") for a seven (7) lot Planned Unit
Development/Subdivision, within which there would be two (2)
detached residential dwelling units, and four (4) duplex
residential dwelling units, for a total of six (6) dwelling units,
with the remaining lot containing the common open space and common
facilities for the development; and
WHEREAS, in 1994 the Project received approvals pursuant to
the following sections of the Aspen Municipal Code: Rezoning from
R-15 (L/PUD) to AH/PUD (Affordable Housing) pursuant to Chapter 24,
Article 7, Division 11; Final Planned Unit Development approval
pursuant to Section 24-7-903; Final Subdivision approval pursuant
to Section 24-7-1004; Special Review for parking and open space
pursuant to Section 24-7-404 A; 8040 Greenline approval pursuant to
Section 24-7-503; GMQS Exemption for Affordable Housing pursuant to
Section 24-8-104 C1c; and Vesting of Development Rights, pursuant
to Section 24-6-207; and
WHEREAS, the Planning and Zoning Commission reviewed the
development application in accordance with those procedures set
forth at Section 24-6-205 of the Municipal Code and did conduct a
public hearing thereon on March 1, 1994; and
WHEREAS, upon review and consideration of the special review
standards for parking and open space and the 8040 Greenline review
standards as COntained in Chapter 24 of the Municipal Code, to wit,
Division 4 of Article 7 (Special Review) and Division 5 of Article
7 (Development in Environmentally Sensitive Areas), the Commission
approved the special reviews and 8040 Greenline for the Project,
establishing twelve (12) on-site parking spaces in a below-grade
garage, and approximately seven (7) percent of the site as open
space, as defined in the Municipal Code; and
WHEREAS, the City has imposed on the Owner conditions and
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requirements in connection with the approvals described above, such
conditions and requirements being necessary to protect, promote and
enhance the pUblic health, safety and welfare. Such conditions are
set forth in Ordinance No. 10 (Series of 1994), attached as Exhibit
"A" and incorporated herein; and
WHEREAS, under Section 7-904 and 7-1006 of Article 7, Chapter
24 of the Municipal Code of the City of Aspen, the City is entitled
to assurance that the matters agreed to herein will be performed by
the Owner and its successors or assigns; and
WHEREAS, the Owner is willing to enter into such agreement
with the City and to provide to the City assurances, as set forth
herein; and
WHEREAS, prior to entering into this Agreement, the City fully
considered the development application dated January, 1994, filed
by the OWner with the City Planning Department, and has reviewed
the anticipated benefits and bUrdens to neighboring or adjoining
properties by reason of this proj ect. Further, the City has
considered the requirements, terms and conditions of the Aspen
Municipal Code and such laws, rules and regulations as are
applicable; and
WHEREAS, the Owner has submitted to the city for approval,
execution and recording a plat (the "Plat") for the Project on that
real property located at 107 Juan street, the complete legal
description of which is Lots 3, 4, 5 and 6, Block 11, Eames
Addition, City and Townsite of Aspen, County of Pitkin, state of
Colorado. A reduced copy of the Plat is attached as Exhibit "B"
and is incorporated herein; and
WHEREAS, the City is willing to approve, execute and accept
for recordation the Plat; and
WHEREAS, this Agreement, the Plat and Ordinance No. 10 (Series
of 1994) shall constitute the final development plan and
development regulations for the Project pursuant to Section 7-906
of Chapter 24 of the Municipal Code.
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:
1. Descriotion of Proiect. The project which the City
Council approved consists of a seven (7) lot planned development.
Two (2) of the lots contain detached residential dwelling units,
four (4) of the lots contain duplex residential dwellings in a zero
lot line configuration and the remaining lot contains the common
open space and common facilities for the development. The units on
Lots 1-5 each contain three (3) bedrooms; the unit on Lot 6
contains a renovated historic structure, which has two (2) bedrooms.
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2. Acceptance of Plat. Upon execution of this Agreement by
all parties hereto, and upon approval of the Final Plat by the
Engineering Department and Planning Office, the City will approve
and execute the Final Plat for the project herewith, which conforms
to the requirements of Section 24-7-1004 of the Code. The City
will accept such plat for recording in the offices of the Pitkin
County Clerk and Recorder upon payment of the recordation fee and
cost to the City by the Owner.
3. Construction Schedule and Phasina. The City and Owner
mutually acknowledge that an exact construction schedule cannot be
determined for the project at this time. It is anticipated,
however, that construction of the project will begin during the
summer of 1994, with completion occurring within twelve (12) months
thereafter, unless extended by mutual agreement of the parties.
4. parkina Reauirements. Owner shall provide two (2) on-
site parking spaces per dwelling unit in the project. The spaces
shall be located in a garage to be built below the dwelling units.
5. Dimensional Reauirements. The dimensional requirements
applicable to the project shall be those of the Affordable Housing
(AB) zone district, except for the following variations approved by
the Aspen city Council, and any variances which may be approved by
the Aspen Board of Adjustment from time to time.
a. Lot Lot Area (s.f.) Floor Area (s.f. )
1 2,122 1,632
2 1,500 1,424
3 1,308 1,424
4 1,308 1,424
5 1,500 1,424
6 2,175 961
7 2,087 50
Garage N/A 595
b. The total floor area allowed for the project shall not
exceed 9,200 s.f.
c. The front yard setback for Lots 2-5 shall be a minimum of
4' .
d. The front yard setback for Lot 1 shall be a minimum of
5' .
e. The front yard setback for Lot 6 shall be a minimum of
1'.
f. The combined side yard setbacks for Lot 1 shall be a
minimum of 13'.
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g. The combined side yard setbacks for Lots 2-5 shall be a
minimum of 5'.
h. The rear yard setback for Lot 1 shall be a minimum of 9'.
i. The open space requirement for the project is established
as a minimum of seven (7) percent of the site by Aspen
Planning and Zoning Commission Resolution 94-1.
6. Public Improvements and Landscapina.
a. Special Improvement District. The Owner hereby agrees to
join any special improvement district(s), in the event
one is formed which includes the project site.
b. Necessarv Public Improvements and Landscapina. Attached
hereto as Exhibits C and D is an itemization of the cost
of the following public improvements and landscaping.
(1) Fire Hvdrant. The Owner agrees to install a new
f ire hydrant, at OWner's cost, in the location
shown on the Final Plat.
(2) Sanitarv Sewer Svstem. The Owner agrees to pay a
proportionate share of the cost of correcting the
deficiencies in the sanitary sewer collection
system in the neighborhood of the project.
(3) Water Supplv Svstem. The Owner agrees that if, at
the time of site excavation, it is determined that
the water line serving the site requires repairs,
the Owner will pay for the cost of a sleeve or like
repair along the length of the project street
frontage.
(4) Sidewalk. The Owner agrees to construct a five (5)
foot wide sidewalk adjacent to the property line,
with a five (5) foot buffer space between the
sidewalk and future curb and gutter. The sidewalk
shall be designed to meet ADA access requirements
(no steps), to include the transition to the
street.
(5) Curb and Gutter. The Owner agrees to pay for the
cost to construct curb and gutter along the length
of the project street frontage at such time as curb
and gutter is being installed for the remainder of
Juan Street. The Owner acknowledges that the
improvements necessary to Juan street may require
widening of the existing right-of-way and agrees to
cooperate with the City and neighbors in
accommodating future development along Juan Street.
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(6) Landscaoina. The Owner agrees to install, at the
Owner's expense, the landscaping depicted on the
Landscape Plan, included as part of the Final Plat.
The Owner also agrees to work with the neighboring
landowner to the immediate west of the subject
property to install a landscape feature or fence to
ensure that pedestrians do not walk onto the
neighbor's property where the sidewalk terminates.
c. Letters of Acceotance. The Owner has obtained letters
from the Aspen Water Department, Aspen Consolidated
Sanitation District, Holy Cross Electric Association, us
West and Rocky Mountain Natural Gas indicating that they
have inspected and approved the Final Plat. These
letters are attached hereto as Exhibits E through I.
d. Securitv for Public Imorovements and Landscaoina. In
order to secure the performance of the construction and
installation of the public improvements described above,
the Owner shall provide a bond, letter of credit, cash or
other guarantee in a form satisfactory to the City
Attorney in the sum of $35,564.00. Said guarantee shall
be delivered to the City prior to the issuance to the
Owner of a building permit for the project. The
documents shall give the City the unconditional right,
upon clear and unequivocal default by the Owner in its
obligations specified herein, to withdraw funds against
such security sufficient to complete and pay for
installation of such public improvements. As portions of
the improvements are completed, the City Engineer shall
inspect same and, upon approval and acceptance, the City
Engineer shall authorize the release of the agreed
estimated costs for such completed improvements. The
Owner shall require all contractors to provide a warranty
that all improvements were constructed to accepted
standards of good workmanship for the benefit of the City
for the installation of the public improvements described
herein for one (1) year from the date of acceptance. In
the event that any municipal improvements are damaged
during project construction, on request by the City
Engineer, a bond or other suitable security for the
repair of these improvements shall be provided by the
owner to the City.
7. Fireolaces and Woodstoves. The Owner agrees that no
fireplaces or woodstoves will be installed in the units at this
time or at any time in the future.
8. Doa Control. The Owner agrees that if any homeowner
within the project has a dog, that when the dog is on the premises,
it shall be kept inside or controlled by leash, fence enclosure,
electronic fence or similarly effective means.
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---------:r.-Trrlaaiion Svstem. The OWner agrees that any irrigation
system that is installed in the project will comply with the City's
Water Conservation Code.
10. Drainaae. The Owner agrees to maintain the historic
drainage patterns that exist on the site, including drainage from
above the property, and to correct any drainage or runoff problems
encountered during site development.
11. Exterior Liahtina. The Owner agrees that all exterior
lighting within the project will face downward and be shielded to
eliminate the potential for glare Or nuisance to neighboring
properties. Lighting along the walkways will be low to the ground
(approximately three (3) feet in height) and shielded.
12. Public Riaht-of-Wav. The Owner agrees to obtain an
excavation permit from the City Engineering Department prior to
initiating any work in a pUblic right-of-way.
13. Trees. The Owner agrees to obtain a tree removal
permit from the City Parks Department prior to removal of any tree
of six (6) inch caliper or greater. Any trees proposed to be saved
shall be protected during construction, including no digging in the
drip line.
14. Deed Restrictions. The project is to be deed restricted
as category 3 and 4 housing, pursuant to applicable Aspen/Pitkin
County Housing Authority ("APCHA") requirements. The APCHA shall
review and approve all deed restrictions for the project prior to
the issuance of a Certificate of Occupancy for the project.
Attached hereto as Exhibit J is the Master Deed Restriction of the
Occupancy and Resale Deed Restriction, Agreement and Covenant.
Prior to the sale of any individual unit in the project to a
purchaser, such purchaser shall be required to execute such deed
restriction, which shall then be recorded in the Pitkin County Real
Property Records and placed on file with the APCHA.
15. Material Reoresentations. All material representations
made by the OWner on record to the City in accordance with the
approval of the project shall be binding upon the Owner, its
successors and assigns.
16. Enforcement. In the event the City determines the Owner
is not in substantial compliance with the terms of this Agreement
or the Final Plat, the City may serve a Notice of Non-Compliance
and request that the deficiency be corrected within a period of
forty-five (45) days. In the event the Owner believes that it is
in compliance, or that the non-compliance is insubstantial, the
Owner may request a hearing before the City Council to determine
whether the alleged non-compliance exists, or whether any
amendment, variance or extension of time to comply should be
granted. On request, the City shall conduct a hearing according to
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B-755 ~ 489 07/15/94 01:20P PG 7 OF 43
standard procedures and take such action as it then deems
appropriate. The City shall be entitled to all remedies at equity
and at law to enjoin, correct and/or receive damages for any non-
compliance with this Agreement.
17. Notices. Notices to the parties shall be sent by U.S.
Certified Mail, return receipt requested, postage prepaid, to the
addresses set forth below, or to any other address which the
parties may substitute in writing. Such notices shall be deemed
received, if not sooner received, three (3) days after the date of
mailing of same.
To the Owner:
Aspen/Pitkin County Housing Authority
530 East Main street
Aspen, Colorado 81611
with a copy to:
Thomas Fenton Smith, Esquire
Austin, Pierce and Smith
600 East Hopkins Avenue, Suite 205
Aspen, Colorado 81611
City Attorney
City of Aspen
130 South Galena Street
Aspen, Colorado 81611
With a copy to:
18. Bindina 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 and enure to the benefit of the
OWner, its successors and assigns and to the City, its successors
and assigns.
19. Amendment. This Agreement may be altered or amended only
by written instrument executed by all the parties hereto, with the
same formality as this Agreement was executed.
20. Severability. If any of the provisions of this Agreement
are determined to be invalid, it shall not effect the remaining
provisions hereof.
IN WITNESS WHEREOF, the parties hereto have executed this
SUbdivision/POD Agreement the day and year first above written.
ATTEST:
THE CITY OF ASPEN, COLORADO
a municipal corporation
By:
~ lJ~~-
Joh Bennett, Mayor
Kath~~ S. Koch, City Clerk
k'Ol-l-br y Vl '
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372119
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B-755 P-59G 07/15/94 01:20P PG 8
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APPROVED AS TO FORM:
ASPEN/PITKIN COUNTY HOUSING
AUTHORITY
ByJ~ ff/.1;pJ;:
COUNTY OF PITKIN
)
) ss:
)
illlL The fore~nstrument is hereby acknowledged before me, this
~ day of , 1994 by John Bennett, as Mayor, and
Katherine S. as city Clerk of the city of Aspen. .J\Jj
Witness my hand and seal.
My commission expires:
My CommIsGlon eJCplre&. 9/27/96'1., ' "
'",,; I'
STATE OF COLORADO
)
) ss:
)
COUNTY OF PITKIN
~ The foregoing instrument is hereby acknowledged before me this
day of:::ru /..i ,1994 by-f"hol'lo.u 1YI.'Be..lilI2Y, as Director of
he Aspen/Pi~y Housing Authority.
Witness my hand and seal.
My commission expires: 7 ~/qfl
01
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8
372119
Exhibit A
Exhibit B
Exhibit C
Exhibit D
Exhibit E
Exhibit F
Exhibit G
Exhibit H
Exhibit I
Exhibit J
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B-755 P~u~l 07/15/94 01,20P PG 9
,,-,
OF 43
LIST OF EXHIBITS
City of Aspen Ordinance No. 10, Series of 1994
Reduced size copy of the plat for the Project
Itemization of the cost of pUblic improvements,
prepared on June 7, 1994
Itemization of the cost of landscaping, prepared on
June 7, 1994
Letter from the Aspen Water Department dated April
15, 1994
Letters from the Aspen Consolidated Sanitation
District dated June 3 and February 10, 1994
Letter from Holy Cross Electric Association dated
May 24, 1994
Letter from U.S. West dated May 31, 1994
Letter from Rocky Mountain Natural Gas dated May
31, 1994
Master Deed Restriction of the Aspen/pitkin County
Housing Authority's Occupancy and Resale Deed
Restriction, Agreement and Covenant
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382188 B-783
SILVIA DAVIS
P-523 06/14/95 04:00P PG 1 OF 12
PITKIN COUNTY CLERK & RECORDER
DOC
~
REC
60.00
~ {y I>if)1>CCUPANCY AND RESALE DEED RESTRICTION
~\~0 AGREEMENT FOR
.1)'\\1"" JUAN STREET CONDOMINIUMS
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THIS OCCUPANCY AND RESALE DEED RESTRICTION AGREEMENT (the "Agreement") is
made and entered into this _ day of June, 1995, by ~ (hereinafter referred to as "Owner"), for
the benefit of the parties and enforceable by the ASPEN/PITKIN COUNTY HOUSING AUTHORITY
(hereinafter referred to as "APCHA"), a duly constituted multijurisdictional Housing Authority established
pursuantto the AMENDED AND RESTATED INTERGOVERNMENTAL AGREEMENT by and between the
City of Aspen, Colorado (the "City") and Pitkin County, Colorado (the "County"), dated September 26, 1989
and recorded in Book 605 at Page 751 of the records of the Pitkin County Clerk and Recorder's Office.
WIT N E SSE T H:
WHEREAS, Owner has purchased from the APCHA at a price of $ 2 , and owns as a result
of that certain warranty deed executed on the date nereof, an approximately -=-- square foot dwelling
("Dwelling") located on the real property more specifically described in Exhibit "A" attached hereto and
incorporated herein. For purposes of this Agreement, the dwelling, the real property and all
appurtenances, improvements and fixtures associated therewith shall hereinafter be referred to as the
"Property"; and
WHEREAS, as a condition of the sale to the Owner of the Property, the Owner is required to enter
into this Agreement; and
WHEREAS, Owner agrees to restrict the acquisition or transfer of the Property to "Qualified
Buyers," as that term is defined in this Agreement, who fall within the Category 4 income range established
and adopted by the APCHA from time to time in it's Affordable Housing Guidelines. In addition, the Owner
agrees that this Agreement shall constitute a resale agreement setting forth the maximum sale's price for
which the Property may be soid ("Maximum Sale's Price"), the amount of appreciation and the terms and
provisions controlling the resale of the Property shouid Owner desire to sell the Property at any time after
the date of this Agreement. Finally, by this Agreement, Owner agrees to restrict the Property against use
and occupancy inconsistent with this Agreement.
WHEREAS, "Qualified Buyers" are natural persons meeting the income, residency and all other
qualifications set forth in the Aspen/Pitkin County Housing Authority Affordable Housing Guidelines
(hereinafter "the Affordable Housing Guidelines"), or its substitute, as adopted by the APCHA, or its
successor, and in effect at the time of the closing of the sale from Owner to the Qualified Buyer, and who
must represent and agree pursuant to this Agreement to occupy the Property as their sole place of
residence, not to engage in any business activity on the Property, other than a valid home occupation.
A valid home occupation for the purposes of this Agreement is permitted to the extent that it is not
inconsistent with the land use provisions of the Aspen Municipal Code as in effect from time to time and
subject to the applicable licensing and taxation requirements of the City.
'To be determined by a later recorded Memorandum of Acceptance encumbering each individual lot.
,
See Footnote 1.
,
See Footnote 1.
382187 B-783 P-490 05/14/95 03:58PPG 1 OF 33
SILVIA DAVIS PITKIN COUNTY CLERK & RECORDER
REC
155.00
DOC
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CONDOMINIUM DECLARA nON
Ih
'1'/
FOR THE
JUAN STREET CONDOMINIUMS
WHEREAS, the Aspen/Pitkin County Housing Authority, organized pursuant to the provisions of
C.R.S. 29-4-501, et seQ" hereinafter called "Declarant," is the owner of that real property situated in the
County of Pitkin, State of Coiorado, more fully described in Exhibit A attached hereto and made a part
hereof; and
WHEREAS, Declarant desires to establish a condominium project under the Colorado Common
Interest Ownership Act, C.R.S. 38-33.3-101, et seQ., of Colorado; and
WHEREAS, Declarant has constructed four (4) buildings and improvements within the real property
described on Exhibit A, such improvements consisting of six (6) separately designated residential
condominium units and other improvements; and
WHEREAS, Declarant does hereby establish a plan for the ownership in fee simple of the real
property estates currently constructed on said real property consisting of the area or space contained in
each of the air space units in the building improvements currently constructed and the co-ownership by
the individual and separate owners thereof, as tenants in common, of all of the remaining property
hereinafter defined and referred to as the common elements,
NOW, THEREFORE, Declarant does hereby publish and declare that the following terms,
covenants, conditions, easements, restrictions, uses, limitations and obligations shall be deemed to run
with the land, shall be a burden and a benefit to Declarant, its successors or assigns, and any person or
entity acquiring or owning an interest in the reai property and improvements, and their devisees or assigns,
I. DEFINITIONS
1, Definitions. Unless the context shall expressly provide otherwise, the following definitions shall
apply:
1,1 Allocated I nterests, "Allocated interests" means the undivided interest in the common elements,
the common expense liability, and votes in the Association.
1.2 Association. "Association" means the Juan Street Condominium Homeowners' Association.
1,3 BuildinQ. "Building" means any building constructed on the property.
1.4 Bvlaws. "Bylaws" means the instrument adopted by the Association for its regulation and
management, together with any amendments thereto,
1,5 Common Elements. "Common elements" means all portions of the project. The common elements
inciude the garage.
Declaration of Covenants for Juan Street
Page 1
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Exhibit A
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F' ITKI N COUNTY CLERk: 8,
ORDINANCB NO. 10
(SERIES OF 1994)
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370281 8-751
SILVIA DAVIS
1 OF 9
RECORDER
REC
45.00
DOC
AN ORDINANCB OF THE ASPEN CITY COUNCIL GRANTING A MAP AKENDMENT,
PLANNBD UNIT DEVELOPMENT, SUBDIVISION, GMQS BXEMPTION AND VESTED
RIGHTS STATUS FOR THE DEVELOPMBNT OF 6 AFFORDABLB HOUSING UNITS ON
LOTS 3, 4, S, AND 6 BLOCK 11 EAMES ADDITION, JUAN STREBT, TOWNSITE
OF ASPEN, CITY OF ASPEN, PITKIN COUNTY, COLORADO.
WHEREAS, the Juan street property was purchased by the City
in 1990; and
WHEREAS, the applicant, Aspen/Pitkin County Housing Authority,
proposes to develop 6 fully deed restricted dwelling units on a
12,000 square foot parcel; and
WHEREAS, the applicant has requested, a rezoning of the
property from R-15
(L) (PUD)
to Affordable Housing
(AH) ,
PUD/subdivision review, GMQS Exemption and vesting of the
development rights; and
/
\
WHEREAS, the applicant, also requested special review for the
establishment of open space and parking as required in the AH zone
district and 8040 Greenline review; and
WHEREAS, the Planning and Zoning Commission (Commission)
reviewed the development proposal in accordance with those
procedures set forth at Section 24-6-205(A) (5) (b) of the Municipal
Code and did conduct a public hearing thereon on March 1, 1994; and
WHEREAS, upon review and consideration of the special review
standards for parking and open space and the 8040 Greenline review
standards as contained in Chapter 24 of the Municipal Code, to wit,
Division 4 of Article 7 (Special Review) and Division 5 of Article
7 (Development in Environmentally Sensitive Areas), the Commission
approved the special reviews and 8040 Greenline for this
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development establishing 12 on-site parking spaces in a below grade
garage and approximately 7% of the site as open space as defined
in the Municipal Code; and
WHEREAS, upon consideration of the applicant's request to
consolidate the four step PUD review process to two steps and
considering the Planning Director's recommendation, the Commission
has recommended to Council a consolidated POD review process; and
WHEREAS, upon review and consideration of the rezoning,
POD/SUbdivision and GMQS Exemption, agency and public comment
thereon, and those applicable standards as contained in Chapter 24
of the Municipal Code, to wit, Division 9 of Article 7 (Planned
Unit Development), Division 10 of Article 7 (Subdivision) and
Article 8 (GMQS), the Planning and Zoning Commission has
recommended approval of the Juan street affordable housing
development proposal subject to amended conditions, to the City
Council; and
WHEREAS, the Aspen city Council has reviewed and considered
the rezoning and POD/SUbdivision under the applicable provisions
of the Municipal Code as identified herein, has reviewed and
considered those recommendations and approvals as granted by the
Planning and Zoning Commission, and has taken and considered public
comment at public hearing; and
WHEREAS, the Council found that a consolidated two step POD
review process is more appropriate for a development of this size
and nature; and
WHEREAS, the City Council finds that the rezoning and
2
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8-751 ,-147 OS/20/94 02:07P PG 3
OF 9
PUD/subdivision meets or exceeds all applicable development
standards and that the approval of the rezoning, PUD/subdivision
and GMQS Exemption, with conditions, is consistent with the goals
and elements of the Aspen Area Community Plan; and
WHEREAS, the city Council finds that this Ordinance furthers
and is necessary for public health, safety, and welfare.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF AsPEN, COLORADO as follows:
Section 1:
That it does hereby grant a
11 Eames Addition, Aspen
(Affordable Housing)PUD.
Section 2:
rezoning of Lots 3, 4, 5, and 6, Block
Colorado from R~15 (L) (POD) to AH
The Official Zone District Map for the City of Aspen, Colorado,
shall be and is hereby amended to reflect those rezoning actions
as set forth in Section 1 above and such amendments shall be
promptly entered on the Official Map in accordance with Section
24-5-103B of the Municipal Code.
Section 3:
Pursuant to Section 24-7-903.C.3 of the Municipal Code, Council
finds that a four step POD review process would be redundant and
serves no public purpose and approves a two step PtrD review
process.
Section 4:
Pursuant to Sections 24-7-903 and 24-7-1001 of the Municipal Code,
and subject to those conditions of approval as specified
hereinafter, the City Council finds as follows in regard to the
PUD/subdivision:
1. The applicant's submission is complete and sufficient to
afford review, and evaluation for approval.
2. The proposed PUD development plan is consistent with the
character of existing land uses in the surrounding area.
3. The SUbdivision is consistent with the purposes of SUbdivision
which is to assist in the orderly and efficient development
3
372119
B-755 P-594 07/15/94 01:20P PG 12 OF 43
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370281
B-751 P-L48 OS/20/94 02:07P PG 4
OF 9
(
of the city and safeguard the interests of the public and the
subdivider and provide consumer protection for the purchaser.
section 5:
Pursuant to the findings set forth in Section 4 above, the City
council does hereby grant PUD/subdivision approval for the Juan
Street property sUbject to the following conditions:
1. Any costs for new pUblic services that must be installed or
upgraded shall be borne by the applicant on a partial or full
basis depending upon the specific agency's requirements. More
specifically:
a. the cost to correct the sanitary collection system
adjacent to the project;
b. if the 8" water main is to be replaced; and
c. the installation of a new fire hydrant.
2. Prior to the issuance of any building permits, the applicant
shall submit a PUD plan, subdivision plat, and PUD/Subdivision
Improvement Agreement in accordance with Section 24-7-1004.C
and D of the municipal code for review by the Engineering and
Planning Departments and the clty Attorney.
The final PUD/subdivision plat and agreement must be filed
within 180 days of final approval or PUD/subdivision approval
is void.
3. The PUD/Subdivision agreement shall include the following:
a. a requirement that if the homeowners have dogs, that
when the animals are on the premises they shall be
controlled by either leashes, enclosed with fences or
invisible fences, or kept inside etc.;
b. letters from a",J. of the utilities that they have
inspected and approved the final development plan; and
c. restrictions against future installation of fireplaces
and woodstoves.
4. The final PUD/Subdivision plat and plan shall include the
following: .
a. all transformer and utility easements (the existing
transformer is in the pUblic right-of-way) shall be
relocated onto the applicant's property;
b. a 5 foot wide sidewalk shall be located adjacent to
4
372119
B-755 P-595
07/15/94 01'.?()"P F
- -'8 1.:;
OF 43
370281
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I
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,
the property line with a 5 foot buffer space between the
sidewalk and the future curb and gutter. The sidewalk
must meet ADA access requirements (no steps), including
the transition to the street;
c. a detailed landscape plan approved by the Parks
Department; and
d. a detailed drawing of the area for trash, recycle,
utility meters, and other utility facilities. The
dumpster and the recycle bins shall be dimensioned to
ensure that the area functions well.
5. Prior to the issuance of any building permits:
a. tree removal permits from the Parks Department shall
be required for the removal of any trees 6" in caliper
or greater and any trees proposed to be saved shall be
protected during construction, including no digging in
the drip line;
b. the applicant shall enter into an agreement with the
Engineering Department to construct curb and gutter in
the future; and
c. the applicant shall c9nsult with the Environmental
Health Department to explore other mitigation measures
to reduce VMT.
6. Any irrigation system that is installed shall be in compliance
with the Water Conservation Code.
7. The applicant shall maintain the historic runoff patterns that
are found on the site which include drainal;Je from above the
property and shall correct any runoff or erosion problems that
are found during development of the site.
8. The applicant shall agree to join any future improvements
districts which may be formed for the purpose of constructing
improvements in the public right-of-way.
9. At the completion of each phase of the work, the applicant
shall submit a statement by a registered professional land
surveyor that all required survey and property monuments
remain in place or have been re-established as required by
Colorado Revised statutes.
10. Prior to issuance of Certificates of Occupancy for the various,'
phases of the project, the applicant shall submit reproducible
mylar as-built drawings of sidewalk, utility improvements, and
all other work located within the public rights-of-way,
showing horizontal and vertical locations within 1 foot
5
372119
B-755 P-596 07/15/94 01:20P PG 14 OF 43
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370281
B-751 F- L50 OS/20/94 02:07P PG 6
OF 9
( accuracy of all utilities, including their size and
, identification, together with any other features encountered
during excavation within the rights-of-way. The as-builts
shall be signed and stamped by a registered professional
engineer. The as-builts shall also be provided to the city
on a disk in a DFX file compatible with the City GIS ArcInfo
software system.
11. All lighting fixtures will face downward and be shielded to
eliminate the potential for glare or nuisance to neighboring
properties. Lighting along the walkways will be low to the
ground (approximately 3' in height) and shielded.
12. All work in the alley and pUblic right-of-way shall require
a permit from the streets department.
13. During construction, noise cannot exceed maximum permissible
sound level standards, and construction cannot be done except
between the hours of 7 am. and 10 p.m.
14. All material representations made by the applicant in the
application and during public meetings with the Planning and
Zoning Commiss.ion and Council shall be adhered to and
considered conditions of approval, unless otherwise amended
by other conditions.
15. The revised garage, retaining wall and roof plans that were
submitted prior to First Reading at Council shall be adhered
to as representations of the approved PUD/subdivision.
16. The applicant shall enter into a curb and gutter agreement
with the City for future street improvements. The agreement
shall also include language acknowledging a potential right-
of-way increase on Juan street to accommodate future
development.
section 6:
Pursuant to section 24-7-903,5.4 of'the Municipal Code, the city
Council does hereby grant the following PUD dimensional variations
for the Juan Street proposal:
a. Lot Lot Area (sq. ft. ) Floor Area (sq. ft. )
1 2,122 1,632
2 1,500 1,424
3 1,308 1,424
4 1,308 1,424
5 1,500 1,424
6 2,175 961
7 2,087 50
Garage K/A 595
6
372119 B-755 P-597 07/15/94 01:20P
PG 15 OF 43
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OF 9
370281
B-751 P-151 05.120/94 02:07F' F'G 7
(
Total
12,000
up to 9,200
b. Front yard setbacks for Lots 2-5: 4'
c. Front yard setback for Lot 1: 5'
d. Front yard setback for Lot 6: l'
e. Combined sideyard setbacks Lot 1: 13' and Lots 2-5: 5'
f. Rear yard setback for Lot 1: 9'
Section 7:
Pursuant to Section 24-8-104 of the Municipal Code, the City
Council does hereby grant a GMQS Exemption for the development of
6 affordable dwelling units: 5 three-bedroom and 1 two-bedroom.
The units shall be tor-sale units restricted. to categories 3 and
4. The applicant shall file the necessary deed restrictions, prior
to the issuance of any certificates of occupancy.
Section 8:
All material representations and commitments made by the developer
pursuant to the subdivision approvals as herein awarded, whether
in public hearing or documentation presented before the Planning
and Zoning Commission and or City council, are hereby incorporated
in such plan development approvals and the same shall be complied
with as if fully set forth herein, unless amended by other specific
conditions.
Section 9:
Pursuant to Section 24-6-207 of the Municipal COde, the City
Council does hereby grant the applicant vested rights for the Juan
Street property PUD/subdivision as follows:
7
372119
B-755 P-598 07/15/94 01:?OP PG 16 OF
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370281
8-751 P-le"'"" OS/20/94 02: 07P PG 8
r,
OF "l
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"
3.
Nothing in the approvals provided in this Ordinance shall
exempt the site specific development plan from subsequent
reviews and or approvals required by this Ordinance or the
general rules, regulations or ordinances or the City provided
that such reviews or approvals are not inconsistent with the
approvals granted and vested herein.
4. The establishment herein of a vested property right shall not
preclude the application of ordinances or regulations which
are general in nature and are applicable to all property
subject to land use regulation by the City of Aspen including,
but not limited to, building, fire, plumbing, electrical and
mechanical codes. In this regard, as a condition of this site
development approval, the developer shall abide by any and
all such building, fire, plumbing, electrical and mechanical
codes, unless an exemption therefrom is granted in writing.
section 10:
This Ordinance shall not effect any existing litigation and shall
not operate as an abatement of any action or proceeding now pending
under or by virtue of the ordinances repealed or amended as herein
provided, and the same shall be conducted and concluded under such
prior ordinances.
section 11:
If any section, subsection, sentence, clause, phrase, or portion
of this Ordinance is for any reason held invalid or
unconstitutional in a court of competent jurisdiction, such portion
shall be deemed a separate, distinct and independent provision and
shall not affect the validity of the remaining portions thereof.
Section 12:
The City Clerk shall cause notice of this Ordinance to be published
in a newspaper of general circulations within the city of Aspen no
later than fourteen (14) days following final adoption hereof.
Such notice shall be given iR the following form:
Notice is hereby given to the general public of the approval
of a site specific development plan, and the creation of a
vested property right pursuant to Title 24, Article 68,
Colorado Revised Statutes, pertaining to the following-
described property:
The property shall be described in the notice and appended to said
notice shall be the ordinance granting such approval.
I
Section 13:
That the City Clerk is directed, upon the adoption of this
8
372119
B-755 P-599 07/15/94 01:20P PG 17 OF 43
;"'"'\
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ordinance, to record a copy of this ordinance in the office of the
Pitkin County Clerk and Recorder.
section 14:
A public hearing on the Ordinance shall be held on the,;)O ofAv.,-t,
1994 at 5:00 in the City Council Chambers, Aspen City Hall,~n
Colorado, fifteen (15) days prior to which hearing a public notice
of the same shall be published in a newspaper of. general
circulation within the City of Aspen.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law,
~ity Council of the City of Aspen on the ~ day of
, 1994.
'- ~ (5~-
John ennett, Mayor
~L6
. U
. KathLl'B Koc, C1ty Cle~
4 FI~LY, adopted, passed
I' _~ , 1994.
and approved this c:?s- day
~ 15~--
Johnennett, Mayor
of
370281
8-751 P-153 OS/20/94 02:07P PG 9
OF 9
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B-755 P-600 07/15/94 01:20P PG 18
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(303) 925-6727
FAX (303) 925-4157
ENGINEERS
SURVEYORS
SG
M_
SCHMUt:SER
GORDON MEYER
P.O, Box 2155
Aspen, CO 81612
June 7, 1994
Exhibit c
Mr, Alan Richman
PLANNING SERVICES
P,O. Box 3613
Aspen, CO. 81612
RE: Juan Street Affordable Housina, Public Improvements Cost Estimates
Dear Alan:
This letter is to provide a cost estimate for public improvements associated with the Juan Street
affordable housing project at 111 Juan Street in Aspen. These are public improvements noted
within the approval for which estimates are required, I have prepared my estimate anticipating
the right-of-way improvements that are public in nature and that the City would need to install
should the project fail to do so, As an example, I have calculated the area of sidewalk that
serves the public along the project frontages and I have not included entry walks into the site
from the public sidewalk, I have also neglected the cost of water main improvements by the
project as well as sewer main improvements that were to be paid for with tap fee surcharges
since these systems would not be impacted if the project were not constructed.
I have also incorporated a 20% factor for design, inspection and construction contingencies into
these figures.
Curb & Gutter 120 l.t. @ $22.50/l.t. x 1,2 =
$3,240,00
Asphalt Widenina 12O!.t. x 8' including prep" base course and 3" asphalt mat
$4,000.00
Sidewalk 67 s,y, @ $60,OO/s,y, x 1,2 =
$4,824.00
(Re: Landscaping cost estimate, this figure does not include landscaping, sod or irrigation
within the right-of-way,)
Fire Hvdrant 1 each fire hydrant including connection to the main and a gate valve @
$6.700.00
Total cost of required items is
$18,764.00
372119
B-755 P-602
G 20
07/15/94 01:20P P
OF 43
118 West 6th, Suite 200' Glenwood Springs, Colorado' (303) 945-1004
-r
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June 7, 1994
Mr, Alan Richman
Page 2
Call me if I can provide further information or detail,
Very Truly Yours,
SCHMUESER GORDON MEYER, INC.
tDat-- ~
Jay W. Hammond, P.E.
Principal-Aspen Office
JHJ1h 93216CE
~
372119
B-755 p-603
07/15/94 01:20P PG 21
OF 43
SCHMUESER GORDON MEYER, INC,
.'-'
,-,
~ GIBSON
EXhibit D
& RENO' ARCHITECTS
DAVID F. GIBSON. AlA
AUGUST G. RENO. AlA
SCOTT C. SMITH. AlA
June 7, 1994
Mr. Alan Richman
P.O. Box 3613
Aspen, CO 81612
Re: Juan Street Affordable Housing Project
Landscaping Cost Estimates
Dear Alan:
The cost estimate for landscaping improvements associated with the above mentioned project is
$16,800.00 and includes a 20% contingency factor.
Sincerely,
SS:ms
372119
B-755
P-604
07/15/94 01:20P PG
~~
.:..:.
OF 43
210 E. HYMAN AVE. #202 . ASPEN, COLORADO 81611 . 30::3lS25-6868 . FAX 303/825-5883
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April 15, 1994
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, $tiJ(y.:J( fj.
. ,Architecg;OQ
.
Mr. Scott C. Smith, AlA
GffiSON & RENO ARCHITECTS
.. 418 E. Cooper Avenue
, ,
Aspen, CO 81611
THE 'CITY OF ASPEN
Dear Scott:
SUBJECT: WATER SERVICE AT 107 JUAN STREET
Thisletter)s to confirm the Aspen Water Department's" ability to service' the Juan Street
Affordable Housing Project. .
The project is located within the City limits and water service is available at the site, No water
, service agreement is reguired because no m3.i.n line extension is proPOsed.. and the project's
location is within the City limit~. We have reviewed the .preliminary project plans and find that
water service t9 the general area canbe adequately provided by existing facilities.
Please [md enclosed a copy of the Water Department's review comments on the project for
further clarification. Water Department staff have met with project representatives to outline
the details of the n~essary service connections and meter installatioris and we are satisfied the
plans meet Aspen Water Department's requirements. '
Sincerely,
~..~'.~'.....'
. . . . <"--
.. '.
Phil Overeynder
Water Director
cc Leslie Lamont, Aspen/Pitkin Planning Office
Larry Ballenger, Water Superintendent .
\phil\juanst.smi
37211 9
8-755 P-605 07/15/94 01:20P PG 23 OF 43
-----------
,
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130 Sourf! GALENA STREET. ASPEN, COLORADO 81611 . PHONE '303.920.5000 . FAx' 303.920.5197
PrinredonrecyclOO.paper
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.
-
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Exhibit F
I""
Tele. t3031 925-3601
flsp,n 19onsolidated Sanita!io"
58/i North Mill Street
Aspen, Colorado 81611
(District
FAX 1(303) 925-2537
Sy Kelly - Chairman
Albert Billhop - Treall,
Louis Popish. 8ecy.
Mlcbael Kelly
Frank Loullhin
Bruce Math"rly, Mgl".
June 3. 1994
Scott Smith
Gibson & Reno Architects
210 E. Hyman Ave. 1202
Aspen, CO 81611
RE: Sewer Service-Juan Street Housing
Dear Scott,
Mark Burqraff called yesterday to explain the proposed sewer
service for this project. A separate interior trench drain which
along with two floor drains will go through a commercial oil/sand
int....ceptor has been proposed. These commercial oil/sand
interceptors af" expensive. You may want to look into a precast
concrete interceptor or having your concrete contractor form and
pour in place an interceptor. The District will need to inspect
the elevation difference between the inside and outside trench
drains to insure that no clear water connections can drain to the
sanitary :'Iewer.
The plans show the northeast unit usinq the exi!:ltinq 4" sewer
service. Althouqh I believe that the :'Iervice is relatively new,
your contractor should give our office a call and we can :'Ichedule
our per:'lonnel to inspect the exi:'ltinq line to assure that it ill
still in serviceable condition.
Since the other units will share a common 6" sewer service, a
SHARED SERVICE AGREEMENT will need to be execute by the owner. I
have enelo:'led our standard form for your Use. I don't believe the
other hou.$e was on the sani tary sewer. Therefore, it won't be
necessary to cap off and abandon that service as shown on your
plans.
All applicable total connection charges will have to be paid
to the Distriet prior to any connections to the District main
sanitary sewer line.
If you have any questions or need further assistance, please
feel free to give us all.
~i5i/;z;L~ V
~mas R. Bracewe 1
Collection Systems Superintendent
[
-
EPA AWARDS 010' EXCELI,ENCE
1976 - 1986.1990
REGIONAL AND NATIONAL
B-7~~ ~-606 07/1~/94 Ol,20P PG 24 OF 43
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Tele.(303}921i-.3S01
Aspen 19onsolidated Sanitation ClJistrict
~65 North Mill Street
A..pen, Colorado 81611
SyKelly.Chairrnan
John~ Snyder.1Tes&
Louis Popi"h.Secy.
FAX 1(303)925.2537
Albert Biahop
FtankLouahin
Bru<;eMatherly,Ml/l'.
F.b~uAry 10. 199~
L..II. LAmont
Planning Off'iea
130 S. 1;.le".
"'dipan, CO 81611
R..: Juan 5tr..t Affordabl. Housing PUD
0..1'" L..lte:
Th, Aapan Consolidated Santt.tion Ot.trict currently h..
sufficia"t capAcity to ..rve this propo..d devaloplllant. S.rvic.
I, eontingant upon cOlllplianca with th, District', RuJ.. end
Regul.tlon" &nd Line Speeif'l,,&tlons, which .1"" on HI,..t the
Distriet o.fflce.
It epp..ra .. though shared ..rvlce IiI" &91""'III&"t, will b,
"'.d,d for the comlllon six inch ..rvtce lin.. th.t would b. u.ed
to connect the individual buildings to our 'yst.~. Tn. ..rvic.
Iln. d,.lgn ~u.t b. &pprov'd by our Lln. Sup.rint.nd.nt prior to
eonn.ction. .... usu&l, th, Di.trict c:..nnot &11011I any c:1.i1.r lIIi1.t.r
c:onn.ction, to our .y.t,m.
W. do h..v. d..'cl,nei., In our coll.ction &dj&c.nt th,
d.v.lop..nt .it. and dOllln,tr.&m, th&t 1II0uld b. corr.ct.d by th.
District. Th. f... i1."oei&t'd lIIith conn.c:ting this proj.ct to our
.y.t.", lIIill b. 'urcharg.d to .und th... improv."'.nt..
One. lishil.d plans i1.r. &vil.il..bls 1II'lIIill b. abls
furth.r on this proj.ct &nd .,tim&t. th. total
cn..rgss.
to cOIIIIII.nt
conn.ction
Sinc.rsly,
'&--_~.......a...r(r
Bruc. M..th.rly
District Managsr
37211<?
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1976.1986-1990
REGIONAL AND NATIONAL
1
I
HOLY CROSSiLECTRIC ASSO'2IATION, INC.
l_HlGHW~YAl
P.O.DAA",,"l1.'>O
GLr'<W<-'(>D :;/'RINGS, (OlU~MX) 81 001
Exhibit G
May 24, 1994
Scott C. s.ith, A.I.A.
GibBon' Reno Architects
418 Eallt Cooplll!" Avenue
Aspen, Colorado '81611
,HU,Q"_,4"1
ilAX\94;-4<l8'
;:'
RE: Juan Street Affordable Housing Project
HeEA W/O,94-14256 t...,
...#1 n J ......
Dear Mr. S.ith; , ,., ~ ~
~ .4 ~ ;II ~
Your final construction drawings tor the Juan Street Affordable
Housing Project have been received. We plan to move the
transformer to it. designated area inside the northwest property
corner within the next two"weeks pendinq the easement shown on
the tinal plat, ....hich we spoke about on the., phone. The only
other potential problem we could see with these plans was the two
trees shown adjacent to the tran8to~er on page A9.l. We need
ten feet of unobstructed apace in front of the transformer doors
which will face the street. We request_~hat this landscaping
plan be amended to cOlllply with this HCEA requirement. ....
,
We see no other conflicts in the final drawings. Pleaae call if
you have any question$ or co~ents. -
Sincerely,
HOLY CROSS ELECTRIC ASSOCIATION, INC.
I
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Assistant Engineering Technician
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Exhibit I
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ROCKY
MOUNTAIN
NATURAL GAS
Rocky Mountain Natural Gas
A Division of K N Energy, Inc.
113 AABC
Aspen, CO 81611
(303) 925-2323
AOIVlSIONOF
~~
May 31, 1994
Scott Smith
418 E, Cooper
Aspen, Co. 81611
Re: Juan Street Housing
,
Dear: Mr. Smith,
This is in reply to your inquiry concerning the proposed building
sites at Juan Street Housing, Aspen, Co. Please be advised that
the project is within the service area of Rocky Mountain Natural
Gas (RMNG) ,
It is RMNG's understanding that if RMNG installs any facilities to
serve this development, said facilities will be installed on
franchise property as governed by the franchise agreement. If
some unusual circumstance arises that requires the installation of
our facilities on a utility easement, the utility easement area
must be accessible to the grantee for the purpose of construction,
installation, maintenance, renewal, repair and operation of
pipelines installed thereon; therefore, grantor shall not
construct nor cause nor allow to be constructed surface structures
over the easement area. Surface structures shall include, but not
be limited to, fences, walls, buildings of any type, shrubs or
,trees. All service provided will be subject to the tariffs, rules
.\and regulations on file and upon completion of contractual
. arrangements.
We do not, however, consider this an application for natural gas
service for this development, If the developer desires natural
gas service, he must submit written applications for such service
to the local RMNG distribution office, A decision will then be
made as to whether or not natural gas service can be rendered.
Very truly yours,
.~~~~
Ra~nd L. Patch
Aspen District Manager
RP!
pc: John Wilson - Glenwood Springs
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..-.."..---.....h.MAY-31-.94 TUE 08:55 ~LENNWOOD ENGINEER TEL NO::;l03 ~tI~\9~;26
Exhibit H
May 31. 1994
GIBSON &: RENO ARCHITECTs
210 E. HYMAN A VB #202
ASnN. CO 81611
Attn: Mr, Scott Smith
Subject: Juan Street Affordable Housing Project
Dear Mr. Smith:
11361 P01
l'~'
COMMuNICATIONS @
US WEST COMMUNICATIONS. has the ability to serve the above mentioned project, with telephone
service.
Please ta.I1 if you have any questions:
. Sincerely. 'L
~~
Manager
US WEST COMMUNICATIONS
372119
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Exhibit J
-,
MASTER DEED RESTRICTION OF
THE ASPEN/PITKIN COUNTY HOUSING AUTHORITY'S
OCCUPANCY AND RESALE DEED RESTRICTION
AGREEMENT, AND COVENANT
JUAN STREET AFFORDABLE HOUSING PROJECT
THIS OCCUPANCY AND RESALE DEED RESTRICTION, AGREEMENT AND
COVENANT (the "Agreement") is made and entered into this day
of ,19 ,by 1 (hereinafter referred
to as "Owner"), for the benefit of the parties and enforceable by
the ASPEN/PITKIN COUNTY HOUSING AUTHORITY (hereinafter referred to
as "APCHA"), a duly constituted multi-jurisdictional Housing
Authority established pursuant to the AMENDED AND RESTATED
INTERGOVERNMENTAL AGREEMENT by and between the City of Aspen,
Colorado (the "City") and Pitkin County, Colorado (the "County"),
dated September 26, 1989 and recorded in Book 605 at Page 751 of
the records of the Pitkin County Clerk and Recorder's Office.
WIT N E SSE T H:
WHEREAS, Owner has purchased from the APCHA at a price of
$ 2 , and owns as a result of that certain warranty deed
executed on the date hereof, an approximately 3 square foot
dwelling ("Dwelling") located on the real property more
specifically described in Exhibit "A" attached hereto and
incorporated herein. For purposes of this Agreement, the dwelling,
the real property and all appurtenances, improvements and fixtures
associated therewith shall hereinafter be referred to as the
"Property"; and
WHEREAS, as a condition of the sale to the Owner of the
Property, the Owner is required to enter into this Agreement; and
WHEREAS, Owner agrees to restrict the acquisition or transfer
of the Property to "Qualified Buyers," as that term is defined in
this Agreement, who fall within the Category 4 income range
established and adopted by the APCHA from time to time in it's
Affordable Housing Guidelines. In addition, the Owner agrees that
this Agreement shall constitute a resale agreement setting forth
the maximum sale's price for which the Property may be sold
("Maximum Sale's Price"), the amount of appreciation and the terms
and provisions controlling the resale of the Property should Owner
desire to sell the Property at any time after the date of this
'TO be determined by a later recorded memorandum encumbering each individual lot.
2see Footnote 1.
3See Footnote 1.
37211 9
B-755 P-611 07/15/94 01:20P P8 29 OF 43
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Agreement. Finally, by this Agreement, Owner agrees to restrict
the Property against use and occupancy inconsistent with this
Agreement.
WHEREAS, "Qualified Buyers" are natural persons meeting the
income, residency and all other qualifications set forth in the
Aspen/Pitkin County Housing Authority Affordable Housing Guidelines
(hereinafter "the Affordable Housing Guidelines"), or its
substitute, as adopted by the APCHA, or its successor, and in
effect at the time of the closing of the sale from Owner to the
Qualified Buyer, and who must represent and agree pursuant to this
Agreement to occupy the Property as their sole place of residence,
not to engage in any business activity on the Property, other than
a valid home occupation. A valid home occupation for the purposes
of this Agreement is permitted to the extent that it is not
inconsistent with the land use provisions of the Aspen Municipal
Code as in effect from time to time and subject to the applicable
licensing and taxation requirements of the City,
NOW, THEREFORE, for value
sufficiency of which is hereby
represents, covenants and agrees as
received, the
acknowledged,
follows:
receipt and
Owner hereby
1, The use and occupancy of the Property shall henceforth be
limited exclusively to housing for natural persons who meet
the definition of Qualified Buyers and their families.
2, An Owner is a Qualified Buyer and, in connection with the
purchase of this Property, Owner agrees: a) to occupy the
Property as his or her sole place of residence during the time
that the Property is owned by the Owner; b) not to engage in
any business activity on or in the Property other than a valid
home occupation as allowed by the Aspen Municipal Code as in
effect from time to time; c) to sell or otherwise transfer the
Property only in accordance with this Agreement and the
Affordable Housing Guidelines; and d) not to permit any use or
occupancy of the Property except in compliance with this
Agreement.
3. a.
It shall be a breach of this Agreement for Owner to
default in payments or other obligations due or to be
performed under a promissory note secured by a first deed
of trust encumbering the Property. Owner hereby agrees
to notify the APCHA, in writing, of any notification
Owner receives from a lender, or its assigns, of past due
payments or default in payment or other obligations due
or to be performed under a promissory note secured by a
first deed of trust, as described herein, within five (5)
calendar days of Owner I s notification from lender, or its
assigns, of said default or past due payments.
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B-755 P-612 07/15/94 01:20P PG 30 OF 43
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b, Upon notification from Owner, as provided above, or other
notice of such default, the APCHA may offer loan
counseling or distressed loan services to the Owner, if
any of these services are available, and is entitled to
require the Owner to sell the Property to avoid the
commencement of any foreclosure proceeding against the
Property, In the event that the APCHA determines that
sale of the Property is necessary, Owner shall
immediately execute a standard Listing Contract on forms
approved by the Colorado Real Estate Commission with the
APCHA, providing for a 3D-day listing period. At this
time, the Owner shall deposit with APCHA an amount equal
to one percent (1%) of the estimated value of the Unit.
If a sales contract has not been executed within the
initial 3D-day period, Owner shall extend the listing
period for an additional 180 days, provided such exten-
sion does not conflict with the statutory rights of any
secured creditors. The APCHA shall promptly advertise
the Property for sale by competitive bid to Qualified
Buyers. At the time of closing, the Owner shall pay to
APCHA an additional one percent (1%), for a maximum fee
of two percent (2%) of the sales price. In the event of
a listing of the Property pursuant to this Paragraph 3,
the APCHA is entitled to require the Owner to accept the
highest of any qualified bids which satisfies the Owner's
financial or other obligations due under the promissory
note secured by a first deed of trust and deed of trust
in favor of the APCHA, as described herein, and to sell
the Property to such qualified bidder.
c. Upon receipt of notice as provided in paragraphs 3a and
b, the APCHA shall have the right, in it's sole
discretion, to cure the default or any portion thereof.
In such event, the Owner shall be personally liable to
APCHA for past due payments made by the APCHA together
with interest thereon at the rate specified in the
promissory note secured by the first deed of trust, plus
one percent (1%), and all actual expenses of the APCHA
incurred in curing the default. The Owner shall be
required by APCHA to execute a promissory note secured by
deed of trust encumbering the Property in favor of the
APCHA for the amounts expended by the APCHA as specified
herein, including future advances made for such purposes.
The Owner may cure the default and satisfy it's
obligation to the APCHA under this subparagraph at any
time prior to execution of a contract for sale, upon such
reasonable terms as specified by the APCHA. Otherwise,
Owner's indebtedness to the APCHA shall be satisfied from
the Owner's proceeds at closing.
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B-755 P-613 0~/15/94)1 0
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4. This Agreement shall constitute covenants running with the
real property, described in Exhibit "A", as a burden thereon,
for the benefit of, and shall be specifically enforceable by
the APCHA or the City, and their respective successors and
assigns, as applicable, by any appropriate legal action,
including but not limited to, specific performance,
injunction, reversion, or eviction of non-complying owners
and/or occupants.
5. In the event that the Owner desires to sell the Property, the
Owner shall execute a standard Listing Contract on forms
approved by the Colorado Rei'l.l Estate Commission with the APCHA
providing for a lSD-day listing period, or such other time
period as required by the APCHA Affordable Housing Guidelines
in effect at time of listing. At this time, the Owner shall
deposit with APCHA an amount equal to one percent (1%) of the
estimated value of the Unit, The APCHA shall promptly
advertise the Property for sale by competitive bid to
Qualified Buyers, At the time of closing, the Owner shall pay
to APCHA an additional one percent (1%), for a maximum fee of
two percent (2%). If FNMA type financing is used, there may
be a fee charged by the APCHA based on the amount financed,
The amount of this fee to be paid by the subsequent Owner
shall be as set forth in the current Affordable Housing
Guidelines and will be distributed to the APCHA Mortgage Fund
Account.
MAXIMUM SALE'S PRICE
6. In no event shall the Property be sold for an amount ("Maximum
Sale's Price") in excess of the lesser of:
a, $ * (the owner's purchase price qoes here), plus an
increase of three percent (3%) of such price per year
from the date of purchase to the date of Owner's notice
of intent to sell (prorated at the rate of .25 percent
for each whole month for any part of a year); or
b. an amount (based upon the Consumer Price Index, All
Items, U. s. City Average, Urban Wage Earners and Clerical
Workers (Revised), published by the U,S. Department of
Labor, Bureau of Labor Statistics) calculated as follows:
the Owner I s purchase price multiplied by the Consumer
Price Index last published prior to the date of Owner's
notice of intent to sell divided by the Consumer Price
Index current at the date of this Agreement, In no event
shall the multiplier be less than one (1), For purposes
of this Agreement, "date of intent to sell" shall be the
date of execution of a listing contract when required by
this agreement, or if a listing contract is not otherwise
necessary, the date shall be determined to be the date
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372119
B-755 P-614 07/15/94 01:20P PG 32 OF 43
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upon which a requirement for the Owner to sell is first
applicable.
NOTHING HEREIN SHALL BE CONSTRUED TO CONSTITUTE A
REPRESENTATION OR GUARANTEE BY THE APCHA, THE CITY OR THE
COUNTY THAT ON SALE THE OWNER SHALL OBTAIN THE MAXIMUM SALE'S
PRICE.
7. a.
For the purpose of determining the Maximum Sale's Price
in accordance with this Section, the Owner may add to the
amount specified in Paragraph 6 above, fifty percent
(50%) 9f the cost of Permitted Capital Improvements, as
defined in Exhibit "B", attached hereto and incorporated
herein, in a total amount not to exceed $** , which
is ten percent (10%) of the initial listed purchase price
set forth in paragraph 6a above. All such Permitted
Capital Improvements installed or constructed over the
life of the unit shall qualify. However, the allowance
permitted by this subsection is a fixed amount, which
shall be calculated on a cumulative basis applicable to
the owner and all subsequent purchasers, and shall not
exceed the maximum dollar amount set forth in this
subsection 7a.
b. Permitted Capital Improvements shall not include any
changes or additions to the Property made by the Owner
during construction or thereafter, except in accordance
with Paragraph 7a above. Permitted Capital Improvements
shall not be included in the APCHA's listed purchase
price, even if made or installed during original
construction.
c. In order to qualify as Permitted Capital Improvements,
the Owner must furnish to the APCHA the following
information with respect to the improvements which the
Owner seeks to include in the calculation of Maximum
Sale's Price:
1)
Original or duplicate receipts to verify
costs expended by the Owner for the
Capital Improvements;
the actual
Permitted
2) Owner's affidavit verifying that the receipts are
valid and correct receipts tendered at the time of
purchase; and
3) True and correct copies of any building permit or
certificate of occupancy required to be issued by
the Aspen/Pitkin County Building Department with
respect to the Permitted Capital Improvements.
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B-755 P-615 07/15/94 01:20P PG 33 OF 43
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d. For the purpose of determining the Maximum Sale's Price
in accordance with this Section, the Owner may also add
to the amount specified in Paragraphs 6 and 7a, the cost
of any permanent improvements constructed or installed as
a result of any requirement imposed by any governmental
agency, provided that written certification is provided
to the APCHA of both the applicable requirement and the
information required by Paragraph 7c, 1) - 3),
e. In calculating the costs under Paragraphs 7a and 7d, only
the Owner's actual out-of-pocket costs and expenses shall
be eligible for inclusion. Such amount shall not include
an amount attributable to Owner's "sweat equity" or to
any appreciation in the value of the improvements.
8. All disputes between the Owner and the administrative staff of
the APCHA shall be heard in accordance with the grievance
procedures set forth in the Affordable Housing Guidelines.
9. Owner shall not permit any prospective buyer to assume any or
all of the Owner's customary closing costs nor accept any
other consideration which would cause an increase in the
purchase price above the bid price so as to induce the Owner
to sell to such prospective buyer,
10. In the event that one qualified bid is received equal to the
Maximum Sale's Price herein established, the Property shall be
sold to such bidder at the Maximum Sale's Price; and in the
event Owner receives two or more such bids equal to the
Maximum Sale's Price, the Qualified Buyer shall be selected
according to the priority for Sale Units set forth in the
Affordable Housing Guidelines; and, in the event that all such
qualified bidders are of equal priority pursuant to the
Affordable Housing Guidelines, the Qualified Buyer shall be
selected by lottery among the qualified bidders, whereupon the
Property shall be sold to the winner of such lottery at the
Maximum Sale's Price. If the terms of the proposed purchase
contract, other than price, as initially presented to the
Owner, are unacceptable to the Owner, there shall be a
mandatory negotiation period of three (3) business days to
allow the Owner and potential buyer to reach an agreement
regarding said terms, including but not limited to, the
closing date and financing contingencies. If, after the
negotiation period is over, the Owner and buyer have not
reached an agreement, the next bidder's offer will then be
presented to the Owner for consideration and a three (3)
business day negotiating period will begin again. The Owner
may reject any and all bids, however, the Owner is subject to
the provisions in the Affordable Housing Guidelines pertaining
to the listing fee, Bids in excess of the Maximum Sale's
Price shall be rejected. If all bids are below Maximum Sale's
Price, Owner may accept the highest qualified bid, If all
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bids are below Maximum Sale's Price and two or more bids are
for the same price, the Qualified Buyer shall be selected by
lottery from among the highest qualified bidders.
11, In the event that title to the Property vests by descent in
individuals and/or entities who are not Qualified Buyers as
that term is defined herein (hereinafter "Non-Qualified
Transferee(s) "), the Property shall immediately be listed for
sale as provided in Paragraph 5 above (including the payment
of the specified fee to the APCHA) , and the highest bid by a
Qualified Buyer, for not less than ninety-five percent (95~)
of the Maximum Sale's Price or the appraised market value,
whichever is less, shall be accepted; if all bids are below
ninety-five percent (95~) of the Maximum Sale's Price or the
appraised market value, the Property shall continue to be
listed for sale until a bid in accordance with this section is
made, which bid must be accepted, The cost of the appraisal
shall be paid by the Non-Qualified Transferee(s).
a. Non-Qualified Transferee (s) shall JOln in any sale,
conveyance or transfer of the Property to a Qualified
Buyer and shall execute any and all documents necessary
to do so; and
b. Non-Qualified Transferee(s) agree not to: 1) occupy the
Property; 2) rent all or any part of the Property, except
in strict compliance with Paragraph 15 hereof; 3) engage
in any other business activity on or in the Property; 4)
sell or otherwise transfer the Property except in
accordance with this Agreement and the Affordable Housing
Guidelines; or 5) sell or otherwise transfer the Property
for use in a trade or business.
c, The APCHA and the City, or their respective successors,
as applicable, shall have the right and option to
purchase the Property, exercisable within a period of
fifteen (15) calendar days after receipt of any notice
submitted to the APCHA by a Non-Qualified Transferee(s)
of its acquisition of the Property. In the event of
exercising their right and option, the APCHA or the City
shall purchase the Property from the Non-Qualified
Transferee(s) for a price of ninety-five percent (95~) of
the Maximum Sale's Price, or the appraised market value,
whichever is less. The offer to purchase shall be made
by the Non-Qualified Transferee within fifteen (15) days
of acquisition of the Property by the Non-Qualified
Transferee,
d, Where the provisions of this Paragraph 11 apply, the
APCHA may require the Owner to rent the Property in
accordance with the provisions of Paragraph 15, below.
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8-755 P-617 07/15/94 01:20P P8 35 OF 43
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OWNER RESIDENCE
12. Owner represents and warrants that the Property shall be and
is to be utilized only as the sole and exclusive place of
residence of an Owner.
13, Owner agrees that in the event Owner changes domicile or
ceases to utilize the Property as his sole and exclusive place
of residence, the Property will be offered for sale pursuant
to the provisions of Paragraph 11 of this Agreement. Owner
shall be deemed to have changed Owner's domicile by becoming
a resident elsewhere or accepting permanent employment outside
pitkin County, or residing on the Property for fewer than nine
(9) months per calendar year without the express written
approval of the APCHA. Where the provisions of this Paragraph
13 apply, the APCHA may require the Owner to rent the Property
in accordance with the provisions of Paragraph 15, below.
14, If at any time the Owner of the Property also owns any
interest alone or in conjunction with others in any developed
residential property or dwelling unit(s) located in Eagle,
Garfield, Gunnison or Pitkin Counties, Owner agrees to
immediately list said other property or unit for sale and to
sell Owner's interest in such property at a sales price
comparable to like units or properties in the area in which
the property or dwelling unit(s) are located. In the event
said other property or unit has not been sold by Owner within
one hundred twenty (120) days of its listing, then Owner
hereby agrees to immediately list this Property or Unit for
sale pursuant to the provisions of Paragraph 11 of this
Agreement, It is understood and agreed between the parties
hereto that, in the case of an Owner whose business is the
construction and sale of residential properties or the
purchase and resale of such properties, the properties which
constitute inventory in such an Owner's business shall not
constitute "other developed residential property" or "dwelling
unit(s)" as those terms are used in this Paragraph 14,
RENTAL
15, Owner may not, except with prior written approval of the
APCHA, and subject to APCHA's conditions of approval, rent the
Property for any period of time. Prior to occupancy, any
tenant must be approved by the Homeowner's Association, if
applicable, and the APCHA in accordance with the income,
occupancy and all other qualifications established by the
APCHA in its Affordable Housing Guidelines. The APCHA shall
not approve any rental if such rental is being made by Owner
to utilize the Property as an income producing asset, except
as provided below, and shall not approve a lease with a rental
term in excess of twelve (12) months. A signed copy of the
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B-755 P-618
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lease must be provided to the APCHA prior to occupancy by any
tenant. Any such lease approved by the APCHA shall be the
greater of Owner's cost or the monthly rental amount specified
in the Affordable Housing Guidelines for units which were
constructed in the year in which the subject unit was deed
restricted at the appropriate income category. Owner's cost
as used herein includes the monthly expenses for the cost of
principal and interest payments, taxes, property insurance,
condominium or homeowners assessments, utilities remaining in
owner's name, plus an additional twenty dollars ($20) and a
reasonable (refundable) security deposit.
The requirements of this paragraph shall not preclude the
Owner from sharing occupancy of the Property with non-owners
on a rental basis provided Owner continues to meet the
obligations contained in this Agreement, including Paragraph
12.
16. IN NO EVENT SHALL THE OWNER CREATE AN ADDITIONAL DWELLING
UNIT, AS DEFINED IN THE PITKIN COUNTY OR CITY OF ASPEN LAND
USE CODES, IN OR ON THE PROPERTY.
17. NOTHING HEREIN SHALL BE CONSTRUED TO REQUIRE THE APCHA TO
PROTECT OR INDEMNIFY THE OWNER AGAINST ANY LOSSES ATTRIBUTABLE
TO THE RENTAL, INCLUDING (NOT BY WAY OF LIMITATION) NON-
PAYMENT OF RENT OR DAMAGE TO THE PREMISES; NOR TO REQUIRE THE
APCHA TO OBTAIN A QUALIFIED TENANT FOR THE OWNER IN THE EVENT
THAT NONE IS FOUND BY THE OWNER.
BREACH
18, In the event that APCHA has reasonable cause to believe the
Owner is violating the provisions of this Agreement, the
APCHA, by it's authorized representative, may inspect the
Property between the hours of 8:00 a.m. and 5:00 p.m" Monday
through Friday, after providing the Owner with no less than 24
hours' written notice.
19. The APCHA, in the event a violation of this Agreement is
discovered, shall send a notice of violation to the Owner
detailing the nature of the violation and allowing the Owner
fifteen (15) days to cure, Said notice shall state that the
Owner may request a hearing before APCHA within fifteen (15)
days to determine the merits of the allegations. If no
hearing is requested and the violation is not cured within the
fifteen (15) day period, the Owner shall be considered in
violation of this Agreement. If a hearing is held before the
APCHA, the decision of the APCHA based on the record of such
hearing shall be final for the purpose of determining if a
violation has occurred,
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REMEDIES
20, There is hereby reserved to the parties hereto any and all
remedies provided by law for breach of this Agreement or any
of its terms. In the event the parties resort to litigation
with respect to any or all provisions of this Agreement, the
prevailing party shall be entitled to recover damages and
costs, including reasonable attorneys' fees.
21. In the event the Property is sold and/or conveyed without
compliance herewith, such sale and/or conveyance shall be
wholly null and void and shall confer no title whatsoever upon
the purported buyer. Each and every conveyance of the
Property, for all purposes, shall be deemed to include and
incorporate by this reference, the covenants herein contained,
even without reference therein to this Agreement,
22. In the event that the Owner fails to cure any breach, the
APCHA may resort to any and all available legal action,
including, but not limited to, specific performance of this
Agreement or a mandatory injunction requiring sale of the
Property by Owner as specified in Paragraphs 3, 11, 13, and
14. The costs of such sale shall be taxed against the
proceeds of the sale with the balance being paid to the Owner.
23. In the event of a breach of any of the terms or conditions
contained herein by the Owner, his heirs, successors or
assigns, the APCHA's initial listed purchase price of the
Property as set forth in Paragraph 6a of this Agreement shall,
upon the date of such breach as determined by the APCHA,
automatically cease to increase as set out in Paragraph 6 of
this Agreement, and shall remain fixed until the date of cure
of said breach.
FORECLOSURE
24, If FNMA-type financing is used to purchase the Property, as
determined by the APCHA, the APCHA and the City Council may,
pursuant to that certain Option to Purchase executed and
recorded of even date herewith, the terms of which are
incorporated in this Agreement by this reference as if fully
set forth herein, agree to release and waive their ability to
enforce the resale deed restrictions contained herein, in the
event of foreclosure, provided that said Option to Purchase
grants to the APCHA and the City, as the designee of the
APCHA, the option to acquire the Property within thirty (30)
days after the issuance of a public trustee's deed to the
holder (including assigns of the holder) of the promissory
note secured by a first deed of trust for an option price not
to exceed the redemption price on the last day of all
statutory redemption period(s) and any additional reasonable
372119
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costs incurred by the holder during the option period which
are directly related to the foreclosure.
In the event that APCHA or the City, as the designee of the
APCHA, exercise the option pursuant to the terms of that
certain Option to Purchase, described above, the APCHA and/or
its designee, may sell the Property to Qualified Buyers as
that term is defined herein, or rent the Property to qualified
tenants who meet the income, occupancy and all other qualifi-
cations, established by the APCHA in its Affordable Housing
Guidelines until sale to a Qualified Buyer is effected,
GENERAL PROVISIONS
25. Notices. Any notice, consent or approval which is required to
be given hereunder shall be given by mailing the same,
certified mail, return receipt requested, properly addressed
and with postage fully prepaid, to any address provided herein
or to any subsequent mailing address of the party as long as
prior written notice of the change of address has been given
to the other parties to this Agreement.
Said notices, consents and approvals shall be sent to the
parties hereto at the following addresses unless otherwise
notified in writing:
To Owner: **
To APCHA:
Executive Director
Aspen/Pitkin County Housing Authority
530 East Main Street, Lower Level
Aspen, Colorado 81611
26, Exhibits. Exhibits "A" and "B", attached hereto, are
incorporated herein and by this reference made a part hereof.
27. Severabilitv. Whenever possible, each provision of this
Agreement and any other related document shall be interpreted
in such a manner as to be valid under applicable law; but if
any provision of any of the foregoing shall be invalid or pro-
hibited under said applicable law, such provisions shall be
ineffective to the extent of such invalidity or prohibition
without invalidating the remaining provisions of such
document.
28. Choice of Law. This Agreement and each and every related
document is to be governed and construed in accordance with
the laws of the State of Colorado,
29, Successors. Except as otherwise provided herein, the provi-
sions and covenants contained herein shall inure to and be
binding upon the heirs, successors and assigns of the parties,
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372119
B-755 P-621 07/15/94 01:20P PG 39 OF 43
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30. Section Headinqs. Paragraph or section headings within this
Agreement are inserted solely for convenience of reference,
and are not intended to, and shall not govern, limit or aid in
the construction of any terms or provisions contained herein.
31 . Waiver. No claim of waiver, consent or acquiescence with
respect to any provision of this Agreement shall be valid
against any party hereto except on the basis of a written
instrument executed by the parties to this Agreement.
However, the party for whose benefit a condition is inserted
herein shall have the unilateral right to waive such
condition.
32. Gender and Number. Whenever the context so requires herein,
the neuter gender shall include any or all genders and vice
versa and the use of the singular shall include the plural and
vice versa.
33. Personal Liabilitv. Owner agrees that he or she shall be
personally liable for any of the transactions contemplated
herein.
34, Further Actions. The parties to this Agreement agree to
execute such further documents and take such further actions
as may be reasonably required to carry out the provisions and
intent of this Agreement or any agreement or document relating
hereto or entered into in connection herewith,
35. Modifications. The parties to this Agreement agree that any
modifications of this Agreement shall be effective only when
made by writings signed by both parties and recorded with the
Clerk and Recorder of pitkin County, Colorado. Notwi th-
standing the foregoing, the APCHA reserves the right to amend
this Agreement unilaterally where deemed necessary to
effectuate the purpose and intent of this Agreement, and where
such unilateral action does not materially impair the Owner's
rights under this Agreement,
36. Owner and Successors, The term "Owner" shall mean the person
or persons identified at the beginning of this Agreement and
any other person or persons who shall acquire an ownership
interest in the Property in compliance with the terms and
provisions of this Agreement; it being understood that such
person or persons shall be deemed an "Owner" hereunder only
during the period of his, her or their ownership interest in
the Property and shall be obligated hereunder for the full and
complete performance and observance of all covenants,
conditions and restrictions contained herein during such
period.
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37211 9
B-755 P-622 07/15/94 01:20P PG 40 OF 43
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IN WITNESS WHEREOF, the parties hereto have executed this
instrument on the day and year above first written,
OWNER: **
By:
Name:
Title:
Mailing Address:
**To be determined by a later recorded memorandum encumbering each
individual lot.
DECLARATION BY THE ASPEN/PITKIN COUNTY HOUSING AUTHORITY
The foregoing Master Deed Restriction of the Aspen/Pitkin
County Housing Authority'S Occupancy and Resale Deed Restriction,
Agreement and Covenant and its terms are hereby adopted and
declared by The Aspen/Pitkin County Housing Authority.
THE ASPEN/PITKIN COUNTY HOUSING AUTHORITY
By:
Title:
STATE OF COLORADO
ss.
COUNTY OF PITKIN
The foregoing instrument was acknowledged before me this
day of ,19 ,by
Witness my hand and official seal.
My commission expires:
Notary Public
\word\juan_st\master.dr
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372119
8-755 P-623 07/15/94 01:20P PG 41 OF 43
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EXHIBIT "A"
Legal Description
Lots 3, 4, 5 and 6, Block 11, Eames Addition to the City and
Townsite of Aspen.
Juan Street Affordable Housing Subdivision according to the plat
thereof recorded in Book ,Page ,of the records of the Clerk
and Recorder's Office of Pitkin County, Colorado.
372119
B-755 P-624
5/94 01'20P PG 42
07/1 .
OF 43
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JUAN STREET AFFORDABLE HOUSING PROJECT
EXHIBIT "B"
TO THE ASPEN/PITKIN COUNTY HOUSING AUTHORITY'S
OCCUPANCY AND RESALE DEED RESTRICTION,
AGREEMENT, AND COVENANT
Permitted Capital Improvements
1. The term "Permitted Capital Improvement" as used in the
Agreement shall only include the following:
a, Improvements or fixtures erected, installed or attached
as permanent, functional, non-decorative improvements to
real property, excluding repair, replacement and/or
maintenance improvements;
b. Improvements for energy and water conservation;
c. Improvements for the benefit
handicapped persons;
of
seniors
and/or
d,
Improvements for health and safety protection devices;
Improvements to add and/or finish permanent/fixed storage
space;
e.
f.
.
'," " . ',',;<
Improvements to finish unfin'rSheCi.ispace; and/or
g.
The cost of adding decks and 'balconies , and any extension
thereto, .
2. Permitted Capital Improvements as used in this Agreement shall
not include the following:
a. Landscaping;
b. Upgrades of appliances, plumbing and mechanical fixtures,
carpets, and other similar items included as part of the
original construction of the unit;
c. Jacuzzis, saunas, steam showers and other similar items;
d. Improvements required to repair, replace and maintain
existing fixtures, appliances, plumbing and mechanical
fixtures, painting, carpeting and other similar items;
e. Upgrades or addition of decorative items, including
lights, window coverings, and other similar items.
3. All Permitted Capital Improvement items and costs shall be
approved by the APCHA staff prior to being added to the
Maximum Resale Price as defined herein.
372119
B-755 P-625 07/15/94 01:20P PG 43
OF 43
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CURB AND GUTI'ER IMPROVEMENT AGREEMENT
BETWEEN
THE CITY OF ASPEN AND Aspen/Pitkin County Housing Authority
\\'fIEREAS, A~pp-n/"P;'tk;n r.nllT1ry HOll~;ng Al1t'hnr;t'r
is/are the owner(s) of the real property located at (street address and legal description of
property) Lots 3,4,5 and 6, Block 11. Eames Addition to the City and Townsite
of Aspen
, Aspen, Colorado, (hereinafter "Owners"); and
WHEREAS, owner(s) has recently completed new construction and desires to
obtain a Certificate of Occupancy; and
WHEREAS, owner's property is within a zone district or other area as designated
on the City of Aspen adopted sidewalk, curb and gutter plan requiring construction of
curb, gutter and sidewalk prior to issuance of a Certificate of Occupancy or, in lieu
I
,
thereof, an agreement for future construction pursuant to Section 19-100 of the Municipal
Code; and
NOW, THEREFORE, the parties agree as follows:
1. Owner agrees. to c?nstruct curb and gutter and associated asphalt work,
meeting City specifications, along the frontage of owner's property (approximately l1L
_ feet) at such time as the City of Aspen deems construction necessary and feasible.
It is acknowledged by all parties that the present requirement is for a two foot (2') wide
gutter with six inch (6") vertical curb meeting City specifications.
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2. In the alternative, at the City's option, the City may construct the above
improvements and owner shall reimburse the City for all costs of such construction.
Reimbursement shall be made to the City within ninety (90) days after receipt of invoice.
3. This agreement shall be binding and shall inure to the benefit of the heirs,
..
assigns, and successors in title of the parties hereto,
:::te:rh:: 1da&~
Thomas M. Baker, Executive Director
State of Colorado)
, 19..2i..
)
County of Pitkin )
The foregoing instrument was acknowledged before me this JJ!:. day
,19# by '-1iOh-c1.S W\,~~lk
of
:::r~ \"'\
\
'W Tess my m:~ seal.
Notary Public
Address: qq ~ k~St- \
As ~iW ?J~(I
My commission expires: -; '/;/ ,C;~
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CITY OF ASPEN, COLORADO, A Municipal Corporation
Approved as to form: ,//~//J&.Ut-~
KM93.182
YES
o
o
o
o
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ASPEN/PITKIN ENVIRONMENTAL HEALTH DEPARTMENT
APPLICATION CHECKLIST
NO
~Does this project include any NEW fireplaces (either
woodburning or gas), gas (direct vent fireplace)
appliances or woodstoves? If yes, you must fill out a
fireplace device permit. There is a $25 fee.
~ Does this project involve any CHANGE to an existing
fireplace device? For example, are you mov~ng a
fireplace, making cosmetic changes or adding or removing
a gas line? If the answer is yes, contact Environmental
Health to find out if a fireplace device permit is
necessary.
~ Does this project require the installation of an
individual sewage disposal system (also known as ISDS or
"septic tank") or the modification of an existing sewage
system? This applies primarily to projects located in
areas without community sewage treatment centers. Most
homes in Aspen do not have ISDS. If "yes," contac:;t
Environment Health as soon as possible. There is a $150
fee for the septic permit.
~ Does this project involve a building with an individual
sewage disposal system AND involve the addition of one
or more bedrooms? If yes, Environmental Health will have
to ascertain whether the ISDS is' adequate for the
addition.
o
Is the water provided from a community or municipal
water system or from a private source? If the water
;source ~s private, you must provide proof that the water
supply will be adequate. We also recommend that you
test the water to ensure that it is free from
contamination.
~
,
v'
Does this project involve a commercial food service
establishment or retail food market (e.g., a restaurant,
a catering kitchen or a grocery store)? If yes,
whether the project is for a new establishment or is a
remodel, Environmental Health may be required to complete
separate plan review of the establishent. There is a $75
fee for the plan review if it is required.
* Contact Environmental Health if you answered "yes" to anything
on this checklist at 920-5070.
APPLICANT A, /;' c. R-A .
PERMIT NUMBER
JOB ADDRESS
DATE +/-z.-1114-
I f
/t:J7 cJvan Sn A~tbJ/J~
if NO
0
lli 0
0 0
Q:( 0
0"' 0
~ 0
0
ca 0
(E( 0
[( 0
~ 0
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ufo
APPLICANT
Job Address
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AS.t'EN ENGINEERING DEPART~.NT
APPUCATION CHECKLIST
Storm runoff drainage -- compliance with Municipal Code Section 24.7-1004.C4(f),
especially for those planning to build condominium or duplex for future condominiumization.
Also consider drainage coming from off-site onto the site.
Slope of driveway -- maximum of 12% for 20 feet from the property line within the property,
Proper curb cut -- Municipal Code Section 19-101 and 102.
Construction of sidewalk, curb and gutter or signing of agreement for same as determined by the
City or County engineer.
Engineering to sign off as enforcement on any conditions set by Engineering during City Land Use
Review; special soils reports, etc.
Dumpster location on property (not in right-of-way).
Quantity and size of parking spaces, Section 24.5-3 (maximum slope 12%).
Encroachments into right-of-way are not permitted except by approval of City Council.
Existing encroachments must be licensed.
Snow melt systems .- electric recommended against on private property and prohibited in
right-of-way. Knock outs installed for sign locations and future locations as designated by
Engineering Department.
Any work in the right-of-way requires excavation permit from City Public Works Agency.
Locations of mailboxes, driveway extensions, etc" in right-of-way are a concern for snow
removal.
Any boundary monuments disturbed by construction must be reset by a licensed surveyor.
Utility meters, pedestals, etc., may not be located in the right-of-way, Meters should be near
the property line for ease of reading and privacy of resident.
Water rights which are associated with a parcel must be conveyed to the City prior to entering a
water service agreement for municipal water service.
A.~C.H.A,
Date ~~/tJ4-
I~s#;an
~
Permit Number
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J 'COloradO First
~ Construction Co.
May 13, 1994
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Aspen Building Department
p, O. Box
Aspen, Co, 81611
Attn: Steve Kanipe
Re: Juan Street Affordable Housing, Moving Permit
Dear Steve,
As you know, the Juan Street Project has two existing houses on the property that need to be
removed, The historic house ( the white one) is scheduled to moved off site and then relocated on
site after the majority of the work is complete, The other house ( the brown one) is scheduled for
demolition at this time, The Aspen School For The Deaf has expressed interest in moving this house
also, They are checking into the cost to see if it is feasible, The following is our tentative schedule
and approach to relocating the historic house:
6/6/94
6/13/94
6/20/94
10/1/94
Demo the attached shed and prepare the house for moving
Excavate around the building and prepare for the moving truck
Move the house off site
Move the house back on site
We are planning to stage the house on the Savanna Property that located directly across Juan Street.
After we have completed the mass excavation, garage structure, and all the foundation work, we will
relocate the house back on site on a new foundation system.
Scott with Gibson & eno will submit any required forms at your department. If any additional
information is ed please do not hesitate to call.
Paul Broome
Area Manager, V. p,
cc: Scott, Gibson & Reno
P,O, Box 559' Basalt, Colorado 81621 . (303) 927-9328' FAX (303) 927.9589
~~PITKIN COUNTY BUILDINGr;;ERMIT
-- APPLICATION CHECKLIST
RESIDEm:IAL DEVELOPMENI
(Single-Family, Duplex, Multi-Family)
HQIf: If the proposed structure requires City or County Land Use Review, all final approvals must be obtained prior to submiltal ota building
permit application. Applications with outstanding land use reviews will be rejected in Zoning and~med to !he BuildiVll'epartment. ~u are
unsure as to whether a review is needed, please contact the Planning Office at 920.5090, ~ WAM 9::::cA
OWNERNMlE: v//}'" ~~/AfA C.)-/, Il, PERMIT#: . (\'
l.EG.ALCESCRIPTK:N: ~ ~J 1-J5J~ ~<, /3:6!~~ J C~ oP ~(2:yJ ___
.x:lB(STREET)ADDRESS: 1t::J7 <.)VtW/, $r,
This is a genera/list of required infonnation. More infonnation may be required as each project is individually evaluated.
============================================================================================================
REQUIRED ITEMS:
~ I. Building permit application fonn:
a 1-Jf.. Access pennits
~ Two (2) copies of a recent (no more than one-year old) site survey, stamped, signed and sealed showing the proposed structure's
footprint. Tne survey must include:
'S...., All easements and rights.of.ways;
""--6l.... All structures and improvements;
""--6l.... Building footprint located on a topographical survey, using two-foot contour intervals;
~. Location of all trees six inches (S') or greater in trunk diameter, measured four and one-half feet (4-1/2') above grade and
..........._ identified as to type, trunk diameter and species, if located in the City;
~ Two (2) sets of architecturai drawings to include:
a IJ A"E;(isting house 1I00r pians, calculations of 1I00r area and existing uses of rooms;
--a... Proposed calculations of 1I00r area and proposed uses of rooms;
"----9-. Exterior building elevations which clearly indicate natural existing and finished grades, and. which correspond to the
topographical map; '-+. ~ _ ~ S Lt, ~ \/
'S.... If bedrooms are being added, a parking plan will be required if located in the City; I '->U'--' ....., ~.
---s... ArchitecvEngineer. s m si nature when reqUi~~ by Colorado State Statutes; ~. ~ _~ Q..Ar...Q .
a CompliancaModelEher e' M . ~~w M-.>!o ~.:, <J
'6--. Structural drawings sowing ramlng layout, spacing, m~erial specification and desig loads;~~ . . ~ .
~ Foundation plan; . ~
~, Sections and soils report if required;
.-...0......
~
Roar />lea Ratio (FAR) calculations should be explained and included with plans to assist in expediting the review;
Compliance with Housing Replacement Program, if located in the City;
o Deed restrictions; 0 In.lieu fee; 0 RnaI Plats
One (1) copy of any approval pertaining to the parcel, including but not limited to:
o Deed restrictions; 0 All Resoiutions; 0 Rnal Plats
Environmental Health Checklist
Engineering Checklist
a
~
~
BE ADVISED ALL STRUCTURES MAY NEED ENGINEERING, ENVIRONMENTAL HEALTH AND/OR ARE DEPARTMENT APPROVAL!
a:MMENTS:
I have read and
DRAWINGS MUST BE ONORGANIZED SHEETS, TO SCALE, AND DIMENSIONED TO ENABLE AREA AND HEIGHT CALCULATIONS!
, ~ R-
ve requirements are necessary for a complete building application.
Sg1alue:
Date Received (to be filled in by !he BuITding Depariment):
..-..
Apri115, 1994
Mr. Scott C. Smith, AIA
GIBSON & RENO ARCHITECTS
'418 E. Cooper Avenue
. .
Aspen, CO 81611
Dear Scott:
SUBJECT: WATER SERVICE AT 107 JUAN STREET
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APR \ 5
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THE 'CITY OF ASPEN
This letter ,is to confrrm the Aspen Water Department's' ability to service the Juan Street
Affordable Housing Project. .
The project is loCated within the c:ity limits and water service is available at the site. No water
seJ:vi.ce agreement is required because no main line extension is proposed' and the 'project's
location is within the City limits. We have revIewed the preliminary project plans and find that
water seJ:vi.ce tc;> the general area canbe adequately provided by existing facilities.
Please find enClosed a copy of the Water Department's review comments on the project for
further clarification. Water Department sraff have met with project representatives to outline
the details of the necessary service connections and meter installatioris and we are satisfied the
plans meet Aspen Water Department's requirements.
Sincerely,
~ .nt).o..........,;.
.~.~~~-
Phil Overeynder,
Water Director
cc Leslie Lamont, Aspen/Pitkin Planning Office
Larry Ballenger, Water Superintendent .
\philljuanst.smi
/
130 Sourf! GALENA STREET' ASPEN, COLORADO 81611 . PHONE 303.920.5000 . FAX 303.920.5197
Printed()l\fllI:J',ledpaper
~,
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IlBMORAHDUK
TO:
Mayor and Council
Amy Margerum, city Manager ~
Leslie Lamont, Senior Plann~~
April 25, 1994
Juan Street Affordable Housing - Map Amendment,
PUD, Subdivision, GMQS Exemption for Affordable Housing,
and Vested Rights, Second Reading Ordinance 10, Series
of 1994.
THRU:
FROM:
DATE:
RE:
=================================================================
SUMMARY: The applicant, Aspen/Pitkin County Housing Authority
(APCHA), proposes to develop a six unit affordable housing project
on Juan Street. The applicant requests a rezon~IIY ,,1. ...1..:0 1:''' operty ,
a Planned Unit Development and subdivision review, and a GMQS
Exemption recommendation to Council for the' development of
affordable housing.
The applicant's have also proposed a text amendment which is
reviewed in another memo with a separate Ordinance.
City Council approved Ordinance 10, Series of 1994, at first
reading March 28, 1994.
The application was included in your packet for first reading.
At First Reading, Council requested information about the type of
housing that was desired by potential affordable housing occupants.
The Housing Office will answer Council's question at the public
hearing.
APPLXCANT: Aspen/Pitkin ~ounty Housing Authority as represented
by Alan Richman and Scott ~mith of Gibson/Reno Architects.
LOCATION: Lots 3, 4, 5 and 6., Block 11, Eames Addition - on Juan
Street between Garmisch and South Aspen Street.
ZONING: R-15, Lodge Overlay (L), Planned Unit Development (PUD).
-
APPLICANT'S aBguEST: In order to develop six detached affordable
dwelling units the applicant requests:
* rezoning from R-15 (L)
(PUD);
Affordable Housing (~
-, ------------
from four steps to two
* consolidated PUD review process
1
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~
steps;
* a PUD and subdivision review, and
* a GMQS Exemption for the development of affordable housing.
RBPERR~ COKKBHTS: Please see attached referral comments, exhibit
B.
~ PROCBSS: POD review is a four step review process. However, the
process may be consolidated to a two step review if the Commission
ana-C"ouncil find the process adequate to review the proposed
development. The applicant is requesting a consolidated two step
review process.
Map and text ..endllent., and .~ivi.ionare a two step review
process with the Commission making recommendations to council.
special review and 8040 Greenline review are a one step review by
the Commission.
GKQS Ex..ption for affordable housing is a two step review with the
Commission making a recommendation to Council.
At a March 1, 1994 public hearing the Planning and zoning
Commission approved the special reviews for parking and open space,
and the 8040 Greenline review. The Commission recommends to
Council a consolidated PUD review process and approval of the PUD,
subdivision and GMQS Exemption for the development of 6 affordable
dwelling units. Please see attached Resolution, exhibit C.
The Historic Preservation Committee has reviewed the relocation of
the historic structure on this site and the proposed new
development. HPC has approved this development proposal.
COMPLXUCB WITH AACP: The Aspen Area Community Plan (AACP)
identified the Juan street~parcel as a high priority for moderate
density affordable housing.
----===================----
STAI'P COKKBHTS:
I. Backqround - Together, the city of Aspen, Pitkin county and
the Housing Authority have pursued a comprehensive plan to address
the community'S housing problems. The housing plan is threefold
and it: seeks to preserve the existing affordable housing stock,
requires developers to mitigate a "fair share" of their affordable
housing impacts and produces new affordable housing to
reduce/eliminate the current affordable housing shortfall.
2
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As part of this comprehensive approach, the City Council
established an Affordable Housing Zone District (AR). The AR zone
enables the rezoning of land for the purposes of affordable
housing.
The purchase and proposed development of the Juan street (Austin)
property is a step toward the provision of affordable housing
within close proximity to employment opportunities and neighborhood
services for those citizens in need of housing.
In addition, because development of the Kraut property has been
delayed, Council has directed APCHA to move forward on other
property that was purchased for affordable housing development.
The Juan street property was purchased by APCHA in 1990.
II. site De.cription - The property is approximately 12,000
square feet with two existing structures on the parcel. One of the
structures is listed on the City's Inventory of Historic Sites and
structures.
According to the applicant, the property is moderately sloping wit
ha change in elevation from 18 feet across a distance of 100 feet
for an average slope of 18%. The front part of the property is
only about a 13% slope, while the slope at the rear of the property
is about 32%. There are, however, limited areas of the parcel in
the rear that exceed 40% slopes.
There are scattered clumps of Aspen trees on the parcel, six of
which are 6" or more in caliper size. Serviceberry bushes are
found along the Juan Street frontage.
The site is at the base of Aspen Mountain and Shadow Mountain. It
is within 5 blocks of Rubey Park Transit center, and approximately
2 blocks from Lift lA. It is zoned moderate density residential
(R-15) with Lodge (L) and Planned Unit Development (PUD) overlays.
The vacant parcel to the east, Lots 7-12 of Block 11, are zoned R-
15 (L) (PUD) and are restricted by a prior land use action to
parking. Across Juan Street is a vacant full block (with one slllall
single family residence) zbned Lodge/Tourist Residential (L/TR).
Lift One Condominiums and Timber Ridge Condominiums are north of
that property and zoned L/TR. The parcel to the west and southwest
is the Barbee property with a single family residence and zoned R-
15 (L) (PUD). The Mine Dump Apartments are directly to the south
and zoned L/TR.
III. project Description - The proposed project consists of
six affordable dwelling units. The historic, single-family,
residence will be moved to the northwest corner of the property and
a second single-family residence is proposed on the northeast
corner of the property. Behind the two single-family residences
two duplex homes are proposed on the southeast and southwest
3
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~',
corners of the property. Common open space and private yard space
will encompass the middle of the property with private sideyard
space proposed for all four structures. Walkways will connect the
six units.
A below grade parking garage will contain 12 parking spaces, 2 for
each unit, and additional storage space. The trash and utility
area are located just off the driveway within the garage.
APPLICABLE REVIEW CRITERIA
I. Section 24-7-1102 sets out the standards of review for a
Map Amendment. The applicant proposes to rezone the property from
R-15 (PUO) (L) overlay to AH (PUO). Please see the review for a Map
Amendment, exhibit D.
II. section 24-7-903 C. reviews the potential for a
consolidated PUO review process from 4 steps to a 2 step review.
sEction 24-7-903 outlines the review standards for PUO review while
Section 24-7-1004 regards subdivision review. Please see PUO and
subdivision reviews, exhibit E.
III. section 24-8-104 establishes the review for a GMQS
Exemption for the development of affordable housing. Exhibit F
reviews the GMQS Exemption for affordable housing.
-------------------------
ISSUES:
A. Both staff and the Commission identified several items that
were unresolved at the time of the commission meeting. They were:
* the configuration of the garage entrance and the provision
of storage units in'\the garage without compromising some
k' \
par l.ng space;
* a modification to the rear retaining wall plan; the
Commission recommended that the applicant redesign the wall
creating a design feature that would enhance the site plan and
perhaps afford room for plantings;
* a roof plan illustrating that shedding snow will not become
a sit hazard;
* the inclusion of a motion detector light or some other
device to eliminate glare from the garage, wherever one
stands; and
4
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* the garage venting system redesign or proposed relocation
of the vent from behind the homes on lots 2 and 3;
* avalanche hazard; and
* hazard to wildlife from domestic dogs.
The applicant has submitted new plans that staff has found comply
with the Commissioner's request to reconfigure the garage and
indicate an appropriate roof plan to deflect shedding snow.
The applicant has committed to install motion detector lights in
the garage.
The applicant is still working on a garage venting system and will
update Council at either first or second reading of the Ordinance.
During the 8040 Greenline review the Commission accepted the
findings that there is not an avalanche hazard to this site that
in fact small avalanche paths are directed toward the northwest of
the property closer to Koch Park.
Finally, due to the proximity of critical winter elk habitat on the
higher elevations of Shadow Mountain, the applicant agreed to
include language in the PUD/subdivision agreement that would
restrict domestic dog movement on the property with either fences
or leashes.
B. During the Commission meeting there was discussion with regard
to the width of Juan Street and the City'S policy to sign Juan
street "No Parking".
Several Commission members and neighbors believed that Juan Street
should be widened and that visitor parking should be allowed on the
street as it is not contemplated in the garage. A Commission
member recommended the inClusion of visitor parking without
widening the street or pavement. The Commission voted to approve
the subdivision without ,a specific recollllllendation toward this
issue. ~
Staff supports the continued signing of Juan Street preventing
parking and does not believe that the width of the right-of-way
should be increased if parking remains prohibited on the street.
In addition, if the significant half-block across the street is
developed, and significant curb, gutter ~nd street widening
improvements are necessary they may be accomplished in a more
comprehensive manner at that time.
The current site plan as proposed includes a 5' wide sidewalk, in
the pUblic right-of-way, and a 5' wide buffer between the sidewalk
and future curb and gutter. If in the future the width' of pavement
needs to be increased staff feels confident that the 5' wide buffer
5
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could be used for such an increase. Therefore, staff recommends
a curb and gutter agreement that includes language with respect to
widening the Juan street right of way (to equally affect the Juan
AH proposal) when additional development is proposed in this area.
-------=========--------
RBCOICMDlDATION:
A. The Planning and Zoning Commission recommends rezoning the
property from R-15 (PUD)(L) to Affordable Housing.
B. The Commission also recommends a consolidated PUD review
process and approval of the PUD/Subdivision with the following
conditions:
1. Any costs for new public services that must be installed or
upgraded shall be borne by the applicant on a partial or full
basis depending upon the spec if ic agency I s requirements. More
specifically:
a. the cost to correct the sanitary collection system
adjacent to the project;
b. if the 8" water main is to be replaced; and
,.
c. the installation of a new fire hydrant.
2. Prior to the issuance of any building permits, the applicant
shall submit a PUD plan, subdivision plat, and PUD/Subdivision
Improvement Agreement in accordance with Section 24-7-1004.C
and D of the municipal code for. review by the Engineering and
Planning Departments and the City Attorney.
The final PUD/Subdivision plat and agreement must be filed
within 180 days of final approval or PUD/Subdivision approval
is void.
'\\
3. The PUD/Subdivision agreement shall include the following:
a. a requirement that if the homeowners have dogs, that
when the animals are on the premises they shall be
controlled by either leashes, enclosed with fences
or invisible fences, or kept inside, etc.;
b. letters from all of the utilities that they have
inspected and approved the final development plan;
and
c.
restrictions against future
fireplaces and woodstoves.
installation
of
6
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4. The final PUD/Subdivision plat and plan shall include the
following:
a. all transformer and utility easements (the existing
transformer in the public right-Of-way shall be
relocated onto the applicant's property);
b. a 5 foot wide sidewalk shall be located adjacent to
the property line with a 5 foot buffer space between
the sidewalk and the future curb and gutter. The
sidewalk must meet ADA access requirements (no
steps), including the transition to the street;
c. a detailed landscape plan approved by the Parks
Department; and
d. a detailed drawing of the area for trash, recycle,
utility meters, and other utility facilities. The
dumpster and the recycle bins shall be dimensioned
to ensure that the area functions well.
5. Prior to the issuance of any building permits:
a. tree removal permits from the Parks Department shall
be required for the removal of any trees 6" in
caliper or greater and any trees proposed to be
saved shall be protected during construction,
including no digging in the drip line;
b. the applicant shall enter into an agreement with the
Engineering Department to construct curb and gutter
in the future; and
c.
the applicant shall consult with
Health Department to explore
measures to reduce VMT.
the Environmental
other mitigation
6. Any irrigation system\that is installed shall be in compliance
with the Water Conservation Code.
7. The applicant shall maintain the historic runoff patterns that
are found on the site which include drainage from above the
property and shall correct any runoff or erosion problems that
are found during development of the site.
8. The applicant shall agree to join any future improvements
districts which may be formed for the purpose of construction
improvements in the pUblic right-Of-way.
9. At the completion of each phase of the work, the applicant
shall submit a statement by a registered professional land
7
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surveyor that all required survey and property monuments
remain in place or have been re-established as required by
Colorado Revised statutes.
10. Prior to issuance of Certificates of Occupancy for the various
phases of the project, the applicant shall submit reproducible
mylar as-built drawings of sidewalk, utility improvements, and
all other work located within the public rights-of-way,
showing horizontal and vertical locations within 1 foot
accuracy of all utilities, including their size and
identification, together with any other features encountered
during excavation within the rights-of-way. The as-builts
shall be signed and stamped by a' registered professional
engineer. The as-builts shall also be provided' to the City
on a disk in a DFX file compatible with the City GIS ArcInfo
software system.
11. All lighting fixtures will face downward and be shielded to
eliminate the potential for glare or nuisance to neighboring
properties. Lighting along the walkways will be low to the
ground (approximately 3' in height) and shielded.
12. All work in the alley and public right-of way shall require
a permit from the Street's Department.
13. During construction, noise cannot exceed maximum permissible
sound level standards, and construction cannot be done except
between the hours of 7 a.m. and 10 p.m.
14. All material representations made by the applicant in the
application and during public meetings with the Planning and
zoning Commission and Council shall be adhered to and
considered conditions of approval, unless otherwise amended
by other conditions.
15. The revised garage, retaininl;J wall and roof plans that were
submitted prior to First Reading at Council shall be adhered
to as representations,of the approved PUD/Subdivision.
\
Staff also recommends the following condition of approval:
16. The applicant shall enter into a curb and gutter agreement
with the City for future street improvements. The agreement
shall also include language acknowledging a potential right-
of-way increase on Juan street to accommodate future
development.
C. The Commission recommends the following PUD variations for this
project:
a.
Lot
Lot Area (sq. ft.) Floor Area (sq. ft)
8
.,....'\
r,
1 2,122 1,632
2 1,500 1,424
3 1,308 1,424
4 1,308 1,424
5 1,500 1,424
6 2,175 961
7 2,087 50
Garage N/A 595
Total 12,000 up to 9,200
b. Front yard setbacks for Lots 2-5: 4'
c. Front yard setback for Lot 1: 5'
d. Front yard setback for Lot 6: l'
e. Combined sideyard setbacks Lot 1: 13' and Lots 2-5: 5'
f. Rear yard setback for Lot 1: 9'
D. The Commission further recommends a GMQS Exemption for the
development of 6 affordable dwelling units: 5 three-bedroom and 1
two-bedroom. The units shall be for sale units restricted to
Categories 3 and 4. The applicant shall file the necessary deed
restrictions, prior to the issuance of any certificates of
occupancy.
RECOJIMENDED IlOTION:
"1 move to adopt Ordinance 10 ,Series of 1994 on second reading
approving the rezoning, PUD/Subdivision, GMQS Exemption and Vested
Rights for the Juan street affordable housing proposal for the
development of six fully deed restricted dwelling units on Lots 3,
4, 5, and 6, Block 11, Eames Addition, the city of Aspen."
Ordinance 10, Series of 1994.
\
BUIBITS:
A. Public Hearing Notice
B. Referral Comments
C. Planning and Zoning Commission Resolution 1-94
D. Map Amendment Review criteria
B. PUD/Subdivision Review Criteria
~. GMQS Exemption for Affordable Housing Review Criteria
9
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,
..--..
/"
OllJ)IDlfCB 110. 10
(SERIBS 01' 1994)
in
AN OllJ)IDlfCB 01' '.rBB ASPEN CITY COUNCIL GItAIlTIIIG A MAP
P~D UNIT DBVBLOPMENT, SUBDIVISION, GIlQS BXBMPTION
~s STAT. US I'oa THB DBVB LOPMENT 01' 'UI'OllJ)ABLB KODSI
, 3, 4, 5, AND , BLOCK 11 BAMBS ADDITION, JUAN STaB
01' PEN, CITY 01' ASPEN, PITKIN COUNTY, COLORADO.
\
the Juan street property was purcha
KENT,
VESTED
UNITS ON
, TOWNSITE
by the City
, the applicant, Aspen/Pitkin Count Housing Authority,
1994; and
proposes to evelop 6 fully deed restrict
dwelling units on a
12,000 square
parcel; and
applicant has
rezoning of the
WHEREAS ,
property from
(L) (PUD)
Affordable Housing
(AR) ,
PUD/subdivision
'" ~evelopment rights; and
~ WHEREAS,
and
vesting of the
review for the
establishment
required in the AR zone
district and 8040 Gree
WHEREAS, the
Commission (Commission)
with those
reviewed the
proposal
Municipal
orth at Section 24-6-205(A) (
\
Code and did conduct a public hearing thereon
, upon review and consideration of the ~ecial review
for parking and open space and the 8040 Gree~ine review
"-
stan ards as contained in Chapter 24 of the Municipal Code'1-- to wit,
DiviSion 4 of Article 7 (Special Review) and Division 5 of Article
7~Development in Environmentally Sensitive Areas), the Commission
approved the special reviews and 8040 Greenline for this
1
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EXHIBIT B
MEMORANDUM
To: Leslie Lamont, Planning Office
Thru: Robert Gish, Public Works Director
From: Chuck Roth, Engineering Department (l.-f(
Date: February 21, 1994
Re: Juan Street Affordable Housing PUD/Subdivision, Text & Map Amendments,
Special Review, 8040 Greenline Review and GMQS Exemption
Having reviewed the above referenced application, and having made a site inspection, the
Engineering Department has the following comments:
1. Sidewalk - The Pedestrian Walkway and Bikeway System Plan (Ped Plan) calls for
sidewalk to be constructed in this location, The sidewalk must be 5 feet wide and must
be located adjacent to the property line. The right-of-way is only 50 feet wide in this
location, and a five foot buffer space between the sidewalk and the future curb and gutter
is required to provide for snow storage. The sidewalk must meet ADA access
requirements (no steps ),including the transition to the street.
2. Curb & Gutter - Curb and gutter should not be constructed at this time because curb
and gutter needs to be designed on a comprehensive basis for one or more blocks in order
to result in correct drainage, The street might also need to be reshaped in this area,
Therefore the applicant will only be required to enter into an agreement, prior to issuance
of a certificate of occupancy, to cOI!struct curb and gutter in the future.
\\
3. On-street Parking - Currently there is no parking on either side of Juan Street. Since
the location is so near the ski lifts, and since the right-of-way is so narrow, the City will
continue the policy of prohibiting parking on Juan Street.
4. Trash. Re'<)'cle & Utility Area - We recommend a condition of approval that requires
that the final development plan show a detailed drawing of the area for trash, recycle,
utility meters, and other utility facilities. The dumpster and the recycle bins should be
shown and dimensioned to ensure that the area functions well. Meters may not be
obstructed by trash facilities in order to protect the utilities' ability to read the meters.
The application states that the area is within the garage. If a dumpster is to be used, the
slope of the driveway may be of concern for rolling the dumpster to the street for trash
pick-up.
\
ORDINANCE NO, 10 (SERIES OF 1994)
AN ORDINANCE. Of' TIlE ASPEN Cm' COUNCIL
GJWmNG A MAP AMENDMENT, PLANNED UNIT
DEVELOPMENT, SUBDIVISION, GMQS EXEMP.
nON ANO VESTEU RIGHTS STATUS FOR TIlE
DEVELOPMENT Of 6 AFFORDABLE HOUSING
UNITS ON lOTS 3, 4, 5, AND 6 BLOCK II EAMES
ADDfTK)N, JUAN S1ltf.ET. TOWNSm: OF ASPEN,
ern' OF ASPEN, PlTKlN COUNn', COLORADO.
WHEREAS, .the Juan Street property W!U pur-
II:hued hy the City In 1990; and
WHERF.AS, the applicant, Aspen/Pltkln County
Uouslnl Aulhorlly, proposlI:s to develop 6 lully
deed restricted dwelling units on a 12,000 square
b>>C parcel: and
WfIEREAS, the applicant has requested a rezon-
Ing utllle prolJerly hom R.IS tL)(PUO) 10 A1lord-
.ble Houslnll (All), PtlD/subdlvlslon review,
GMQS ExempUun and vesting 01 the developmenl
rilhts;and
WHEREAS, the appUcanl. also requested special
review lor Ihe estabUshment of open space and
puklnS as required In the AH lOne district and
8G4O Greoetlllne review. and
WHEREAS, the PlannlllB and Zonlnl Commlf-
aton (Commlulon) reviewed the developmenl
proposal In accordance with those procedures
set forth alSectlon 24-6-20S(A)(S)(b) 01 the
Municipal Code and dkl conduct a public: heartnS
thereon on March I. 1994; and
WItEREAS, upon review and consideration 01
the special review slandards for parkins oa,nd
open space and the so.w Greenllne review .Ian.
dards as cont~ed In Chapter 24 of the Munlclpa.l
Code, 10 wit, Division 4 01 Article 7 (Special
Revlew) and 0Ms1on 5 01 Article 7 (Deve\opment
In Environmentally Sensitive Area$), the Comml.
slonapproved the special reviews and S040
Greenllne lor this development establishing 12
on-slte parking spaces In a below grad!! sause
.andapproJdmately 7% of the slle as open space
as dellned In lhe Municipal Code; and
WHEREAS, upon conslueratlon of the appli-
cant's request 10 consolidate the lour step PUD ,
remw procelslo two steps and cooslderlngthe
Ptannlnll Olrector's re-commemlallon, the Com-
ml$Slon has recommenucd 10 Council a COllsoll-
dated PUD review process: and
WHEREAS, upon review and conslderallon of
the rezoning, PlID!subdlvlslon and GMQS Exem~
lIun, asency and public comment Iheref)n, and
those applicable stanuards as contained In Cha~
tet 24 otlhe Munklpal Code. to wit, DIvision 9 01
Article 7 (Planned Unit Development), DIvision 10
of Arllch.' 7 (Subdivision) and Arllde S (GMQS),
IIle Planning a.nd Zonlnll Commission has recom-
menued approval of the Juan Street aUordable
housing development proposal subject 10 amend-
ed condlllnns, to Ihe City Counc1l; and
WHERF.AS, Ihe AspenClty C.ouncll has reviewed
and considered the rezoning and PUD/subdlv~
ston under the applicable provisions of the
MunldpatCode as Identllled herein, hu reviewed
and considered those recommendations and
..pprovals as granted by the Planning and Zoning
Commission. and has talu:m and considered pub-
lic: comment at public hf'.arlng; and
WIIEREAS, the CowlClIlnund thai a consolidat-
ed two slep PUO rev\ew proceSs Is more appro-
priate for a development of this size and nature;
...d
WHEREAS, the City COWlcllllnds that the rezon-
Ing and PUD/subdlvlslon meets or exceeds all
applicable development standards and that the
..pproval 01 the rezoning, PUD/subdlvlslon and
CMQS Exemption, wllh conditions. Is consistent
with the goals and elements 01 the As''Ien Area
Community Plan; and
WHEREAS, the City CouncU finds that thls Ord~
nance furthets and ls necessary for publIC health,
Hlely,andwellare.
NOW, TItEREFORE. BE rr ORDAINED BY ntE
CITY COUNCIL OF THE CITY OF ASPEN, COL-
ORADO as loliows:
Section I:
That It doesherebylJrMt a rezoolng of Lots 3,
",5, and 6, BllJc:;k II Eames Addltton, Aspen, Col-
orado Irom R-t5 (L)(PUD) to AH (Affordable
Housing) PUO.
$ectlon2:
The Olllelal Zone DIstrict Map lor ttie elly of
Aspen, Colorado, shan be and ls hereby amtnded
to reRed thDSe rezoning ac:tlons uset forth In
Section I above and such amendments shall be
promptly entered on the Olllclal Map In accor;
dance with Section 24-5-I03B 01 the Municipal
Code.
5ec:tloo3:
Pursuant to Section 24-1-903.C.3 of the Munk'"
pal Code, Councllllnds that a lour step PUD
review process would be redundant and sef'\l'CS
no public purpose and approves a two step PUD
teYIew proc:ess.
Section 4:
Pursuant to Sections 24-7.903 and 24-7-1001 of
the Municipal Code, and subject to those cond'"
lions of approval as specified herelnafter. lhe CIty
Council Rods as lollowsln res:ard 10 the PUD/sub-
dtvtslon:
approval.
2. TIte pr~ PUD development plan ls con-
slltent wlHluacter 01 exIstinS land uses In
tbe surroun. .rea
3. The subdivision Is consistent with the pur-
poses 01 subdivision which Is to assist In the
orderly and ellldcnt development Ilf the city and
salquud the Intuesls of the public and the' sub-
dtvtder and provide consumer protection for the
purchaser.
SecUonS:
Pursuanl 10 the llndlngs set lor1h In Section >4
above, Ihe City Council does hereby grant
PUD/subdlvlslon approval lor the Juan Street
property suble..:t to Ihe lollowing conditions:
I. AAy costs lor new public servtcesthal must
be Installed or upgraded shall be bome by ,the
applicant on a partial or lull basis depending
upon the specific agency's requlremenls. More
specUlcally:
a the cost to correctlhe sanitary collecllon
system adJacent It) Iheproll"Cl;
b.llthe 8~ water main Is to ~ replaced; and
c. Ihe Installation 01 a new fire hydrant.
2. Prior 10 lhe Issuance of any building pennlts,
th~ appllcanl shall submit a pu~ plan, subdlvi.
slon plat, and PUD/Subdlvlsion Improvement
Ailreemenlln accordance with Sectlon 24-7-
1004.C and D of the munlclpa! coc.le for review by
Ihe En~ln.:~rlnll and rlanlllll~ l>ellarlnlt:nls and
Ihe Clly Altonley.
The final rlJV/subdlvlslon pial and agreement
must be hied within 180 days of final approval or
PlID{loubtJlVUilon approval Is void
3. TIle PUD/Subdlvlsion agreement shall Include
thelollo....lng:
&. a requirement that If tbe homeowners have
dogs, .Ihat when the animals are on the premises
they shaUbe controlled by either lushes,
enclosed' with leJ"Icesor Invisible fences, or kept
tnsldeelc.:
b. lellers from all of the utilllles that they have
Inspected and approved Ihe final development
pan: and
c. restrictions against future InstallaUon of fire.
pluoes and woodstoves.
,~. Jbe f1nalPUOtsubdlvtslon plat and plan shall
liK:fude tht:lollowlns:
a. all transformer and uUllly easements (Ihe
ulsUnS transformer Is In the pulJllc rIHht~)f.....ay)
shall be relocated onto the aplllkallt's property,
b. a S 'oot wide sidewalk shall be located adla-
cent to Ihe property line wllh a 5 1001 buller
space between the sidewalk and the future curb
and gutter. The sidewalk musl meet ADA access
teClulrements (no steps),lnc:ludlns Ihe transition
~o e street:
." detailed landscape plan approved by the
. Department; and
d. a detailed drawing 01 the area for trash, recy.
cle, ullllty meters, and other utility facilities, 11le
dumpster and the recycle bins shall be dlmen.
sloned to ensure that the area funcllons ....eJl
~rtor 10 the IsSuance 01 any building permits:
ree removal permits from the Parks Depart.
. I shall be required lor the removal of allY
Ir~ 6" In caillier or greater and any trees pro-
posed tu l>>e saved shall be pro(ected during con-
~ton, including no dl88lnlllnthe drip IllIe;
b. le applicant shall enler Illto an agr~ment
.. e Engineering Department to construct
curb and sullerln lhe fulure: and
c~ the applicant shaU consult with the Environ-
mental Heaith Department 10 explore other mlt"
pilon measures to reduce VMT.
6. Any ln1satlon system t~1s Installed sNlI be
In compliance with the Water ~ervatlon Code.
'7. The applicant shall malmaln the historic
runofl patterns that are found on the site which
lnclude drainage Irom above the property and
shall correct any runoff or eroston problems that
are found durlns development 01 the site,
8. The applicant shall asree to loin any future
lmprovelneJ"lltdlstr1ctt which may be fonned lor
the purpose of constructing Improvements In lhe
public rlsht-of-way.
9. At the completion of each phase oltlte work.
the appllc:anl shallsubmll a statement by a resis-
lered professwnal land surveyor that all required
survey and property monWMflts remain in place
or have been re-establlshed as required by Co'"
Ot~O Revised Statutes.
10. Prior to Issuance of Certificates of Oc:CUI)3Jlo
cy lor tlte varIOus phases 01 the project, the appl'"
cant shall sub;nlt reproduclbleJnylar as-built
drawlllp of sidewalk, utlllly Improv~lI1ents, and
an other work located within the public r1Khts.of-
way, showlns horlzonlal and vertll:al Incatlons
within I loot' accuracy 01 all ulllllles, Including
their slle and Idenllllcatlon, toaether with any
other features encoul1lcred durlnll excavallon
within the rlghts-ol-way. The ...bullts ShOlU be
signed and stamped by a regtstered professional
enBlneer. The as-hullls shall also be provided to
the City on a disk in a DFX file compallble wllh
the City GIS Ardnlo soltwart: system.
I I. AlllIMhung Ilxtures will lace duwnward and
be shielded to eHmlnale: lhe potenUallor stare Of
nuisance 10 nelghborlny properties. Uehling
alunsthe walkways will be low to the ground
I>:jmdntatelY 3'In helSht) and shielded.
. I wQrk In the alley and public: rlght-ol.way
. require a perm" lrom the llreets depart-
ment
13. During conslructlon, noise cannol exceed
maximum permissible sound level stamiards, and
con!lrucllon unm)1 be doll:----~pt ~tWecIl the
hours 017 am, af'.d III p.m.
14. All. material represen, ,IS made hy the
applicant In the application and during rubllc
meetings with Ihe Planning and Zonm" Commis--
slon and Council shall be adhered to and corlsl~.
ered conditions of approval, unless otherwlSl
amended by o(her conditions
15. The revised sarage, retaining wall and roo
plans that were subnUtted prior to F\rst Readlnll
at Councn shall be adheted to as represelllallons
01 the al1ProVed PlIO/subdivision.
16. The applicant s.~all enter Into a curb and
guUer agreemenl with the City lor future street
Improvements. The asreement shall also Include
language acknowledglns a potential rtghl-ol-way
Inc:rease on Juan Street to accommodate future
deve40pment ,
Sectkm6:
Pursuanl to Sectton 24-7-903.B.>4 of the MunIc..
pal Code, the City Council does hereby grant the
lollowlns PlIO dimensional vanallons lor the Juan
StreetproposaJ:
.. U:Jc Lot Area (sq. ft.)
I 2,122
2 1,500
3 1,308
4 1,308
5 1,500
6 2,175
7 2,087
Garage N/ A
floor Area (sq. It.)
1,632
1,424
1,42>4
1,>424
1,424
96\
SO
595
Total 12,000 UI' to 9,200
b: Ftont yard selbacks for L.Dts 2.5: 4'
c. Front yardselback lor LoI I: 5'
d, Front yard selback forl.Dt 6: l'
e, Combined sldeyard setbacks Lot I: 13' and
Lou2.S:S'
I. Rear yard setback for {.Dt I: 9'
Section 7:
Pursuant to Section 24-&-HI4 of the Municipal
Code. Ihe City Council does hereby grant a GMQS
Exemption lor the development 01 6 aflordable
dwelling unlls: 5 three-bedroom and I Iwo-bed-
room. The units shall be for-sale units restricted
to categories 3 and 4. The applicant shalt Ole the
necessary deed restrlctlons, prior to the is.suance
of any certiJIcales of occupancy.
Section 8:
All malertal representations and commitments
made by Ihe developer pursuafll to the subdivi-
sion approvals as herein awarded, whelher In
public hearing or documentation presented
before the Planning and Zonlne Commission and
or City Council, are heteby Incorporated In such
plan development approvals and the same shall
be complied with as If lully set forth herein,
unless amended by olher speclllc conditions.
Section 9:
Pursuanl 10 Section 24-&207 01 the Municipal
Code, the City Council does hereby grant the
appllcanl vesled rights for the Juan Street proper-
ty PUD{subdlvlslon as lollows:
I. The rights granted by the slle speclllc devel-
opment plan appro~ by this Ordinance shall
remain vesled lor three (3) years frorb the dale 01
lInaI adopllOll specified belo..... Ilowever, any f<1l~
ure to abide by the terms and conditions allen-
dantto this approval shall resull In forfeiture of
said vested property rlghls.Fallure to timely and
properly record all plats and agreements as spec~
lied herein and or In Ihe Municipal Code shall
.Iso resullln the forfeiture of saldvestecl rtghts.
2. The approvaJ granted hereby shall be sub)ect
to all rlKhls 01 relerE'ndnnl andlutilclal review
3_ Nolhlnl In Ihe appruvllls provided In thl.
Ordinance shalt exernpt the site spectnc develop-
ment plan from subsequent reviews and or
approvals required by Ihls Ordinance or the sen-
eralrules, rqtulallons or ordinances or the City
provided that such reviews or approvals are not
Inconsistent with the approvals granted and vesl.
ecIhereln.
4. The establishment herein 01 .. vested proper-
ty rtghlshalll\Ot preclude the application of ord"
Rances or reJlltatlons which are ceneralln nature
and are applicable 10 all property subject to land
use regulation by the cn)' of Aspen Including, but
nol limited 10, buildlns, fire, plumbing; ek!ctrlcal
and mechanical codes. In this regard, as a cond'"
tlon ulthls slle cJ.velopmenl approval, Ihe deve~
oper shall abide by any and all such building. lire.
plumbing, electrical and mechanical codes
unless an exemption therefrom Is granted In writ:
....
Secllon 10:
11Ils Ordillance shall not ~11e..:1 any existing Iltl-
latlon and shall not operate as an abatemenl 01
any aclion or proceeding now pendlns under or
by virlue oflhe ordinances repealed or amended
as herein provided, and the same shall be con-
ducled and concluded under such prior ordi-
nances.
EXHIBIT A
Section II:
If any section, subsectlon. senlence. (I~
phrase, or portion 01 Ihls Ordlnllnce Is fm
reason held Invalid or .unconstllullonalln a '
of competenlluosdlctlon. such portion sll~
deemed a separate, dlsll/lct afld Independellt
vision and shall not aUe!;t the validity ')1
remalnins portions thereof.
s.."Cllou 12:
TIle City Clerk shall cause nollce 01 Ihl~ '
natlce to be published In a l\elnlJaller 01 ~"
clrculallons within Ihe City ol Aspen nolal.'r
foUrteen (14) days lollowlng nnal adoplk.n \".
Such notice shall be given In the lollowlng 10'
Notice ls hereby given 10 the general pul"
the approval 01 a site specUlc developnlt~nl
and the creation of a vested propetly olltll
suant to Title 24, Article 68, Colorado Re',
Statutes, pertalnlns to the lollowlng des"
property.
The property shall be described In the I'
and appended to said nollce shall be lhe
nance granUng such approval.
Section 13:
Thai Ihe City Cieri: Is directed, upon the .1
lion 01 this ordinance. 10 record a copy uf
ordtnance In the olflce of the PlIldn COUIlI)' ,
and Recorder.
Section 14:
A public hearing on the Ordinance shall 1><'
on the 2S 01 April 199-1 at 5:00 In the City Cll'
Chaml>ers, Aspen City Hall. Aspen Colorad,
teen (15) days prior to whll;h hearlns a 11'
nutlce of lite same shall be published In a nt"\<-
per 01 general clrc.ulatlon within IheClly of A.s,
INTRODUCED, READ AND ORDERED !
USIIFD as provided by law, by the Clly COUll
the City of Aspen on the 28 day of March. 19')
John Bennett. M
Allesl: Kathryn S. Koch. CIty'
Published In The Aspen TI_mes April ~,-199-1
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5. Utilities - Given the infrequent but occasional problem with projects and their utility
needs, we recommend a condition of approval that the final development plan shall
include letters from all of the utilities that they have inspected and approved the final
development plan. There isa transformer located in the public right-of-way adjacent to
the site. As part of the redevelopment, the transformer must be moved out of the right-
of-way and onto an easement, If utility pedestals are needed, eaSements must be provided
on the property. No above grade utility facilities are permitted to be installed in the
public right-of.way.
6. Driveway - As discussed at the Design Review Committee meeting, the applicant must
provide a letter from a transportation and traffic engineer that specifies the industry
standard regarding when a one-way versus two way driveway is required for a subgrade
parking garage, The applicant plans to provide twelve sUQ-grade parking spaces, and it
must be demonstrated whether that number of parking spaces necessitates a one- or a
two-way driveway. The driveway slope is also of concern and is not indicated in the
application. Code provides for a maximum of 12% for a distance of 20 feet from the
property line. However for a 1~ car .lU'r9ge_the Code requirement of 4% grades at
intersections may be preferable.
7. Street lights - The Ped Plan does not call for street lights on Juan Street.
8. Site drainage - The application satisfactorily addresses the Code requirements of
maintaining run-off at historic, pre-development levels, as well as accounting for foundation
and sub-grade parking garage drainage. The application also indicates that any drainage
onto the property from above the property will be examined. It is preferable for this
drainage also to be maintained on site. .
9. Avalanche Area - This was not specifically addressed in the application. It appears
that the site may be within some 200-300 feet of the 1041 Hazard mapping of avalanche
areas. It is recommended that an avalanche consultant be required to provide current
comments on avalanche possibilities.
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10. Possible Future Improvement Districts - The applicant shall agree to join any future
improvement districts which may be formed for the purpose of constructing improvements
in the public right-of-way.
11. Survey and Property Monuments - At the completion of each phase of the work, the
applicant shall submit a statement by a registered professional land surveyor that all
required survey and property monuments remain in place or have been re-established as
required' by Colorado Revised Statutes,
12. Excavation Permit for Work in Public Right-'Of-way - Given the continuous problems
of unapproved work and development in public rights-of-way, we advise the applicant as
follows:
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The applicant shall consult city engineering (920-5080) for design
considerations of development within public rights-of-way, parks department
(920-5120) for vegetation species, and shall obtain permits for any work or
development, including landscaping, within public rights-of-way from city streets
department (920-5130).
13. As-built Drawimzs -Prior to issuance of Certificates of Occupancy for the various
phases of the project, the applicants shall submit reproducible mylar as-built drawings of
sidewalk, utility improvements, and all other work located within the public rights-of-way,
showing horizontal and vertical locations within 1 foot accuracy of all utilities, including
their size and identification, together with any other features encountered during
excavation within the rights-of-way. This is a current Code requirement for excavation
permits for work in the public right-of-way, The as-builts shall be signed and stamped by
a registered professional engineer. The as-builts shall also be provided to the City on a
disk in a dfx file compatible with the City GIS ArcInfo software system.
14. Final Plat - Prior to the conveyance of any unit, a final plat shall be submitted for
recordation that meets the requirements of Section 24-7-1004.0. .
15. Special Review for Number of Parking Soares - The Engineering Department concurs
with the proposed number of parking spaces, 12 spaces for the 6 units,
16. 8040 Greenline Review - The application satisfactorily addresses 8040 greenline
standards with the possible exception of not discussing the visibility and architectural
treatment of the proposed 6 foot high retaining wall at the rear of the property. The wall
should perhaps be tinted an earth tone or treated with stone or exposed aggregate.
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cc: Cris Caruso
M94.101
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MEMORANDUM
To:
Leslie Lamont, Planning Office
Chris Chiola, Environmental Health Department c1G
Lee Cassin, Senior Environmental Health Officer
From:
Through:
Date:
February 7, 1994
Re:
Juan Street Affordable Housing PUD/Subdivision, Text & Map Amendments,
Special Review, 8040 Greenline Review and GMQS Exemption
Parcel ID # 2735-131-14.002
-----------------------------------------------
-----------------------------------------------
The Aspen/Pitkin Environmental Health Department has reviewed the Juan Street
Affordable Housing land use submittal under authority of the Municipal Code of the City
of Aspen. and has the following comments,
SEWAGE TREATMENT AND COLLECTION: Section 11-1.7 "it shall be unlawful fortheowner
or occupant of any. building used for residence or business purposes within the city to construct. or reconstruct an on.site sewage
disposal device."
The plans to provide wastewater disposal for this project through the central collection
lines of the Aspen Consolidated Sanitation District (ACSD) meet the requirements of this
department. The ability of the ACSD to handle the increased flow for the project should
be determined by the ACSD, The applicant must still provide documentation that the
applicant and the service agency are mutually bound to the proposal and that the service
agency is capable of serving the development.
ADEOUATE PROVISIONS FOR WATER NEEDS: Section 23-55 "All buildings, structures,
facilities, parks, or the like within the city limits which use water shall be cOnnected to the municipal water utility system."
The provision of potable water ftbm the City of Aspen system is consistent with
Environmental Health policies ensuring the supply of safe water. The City of Aspen
Water Department shall determine if adequate water is available for the project. The City
of Aspen water supply meets all standards of the Colorado Department of Health for
drinking water quality.
WATER OUALITY IMP ACTS: Section 11-1.3 "For the purpose of maintaining and protecting its municipal
water supply from injury and pollution, the city shall exercise regulatory and supervisory jurisdiction within the incorporated limits of
the City of Aspen and' over all streams and sources contributing to municipal water supplies for a distance of five (5) miles above the
points from which municipal water supplies are diverted."
This application is not expected to impact stream water quality,
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AIR QUALITY: Section 11-2,1 'It Is the purpose of [the air quality section of the Municipal Code] to achieve
the maximum practical degree of air purity possible by requiring the use of all available practical methods and techniques to control,
prevent and reduce air pollution throughout the city..." The Land Use Regulations seek to "lessen congestion" and "avoid transportation
demands that cannot be met" as weU as to "provide clean air by protecting the natural air sheds and reducing pollutants".
After reading through this application, it is obvious that the project has air quality benefits
as far as meeting the goals of the community plan, city clean air policies, and AspenlPitkin
County State Implementation Plan (SIP) for PM".
The major concern of our department is the impact of increasing traffic in a non-
attainment area designa~ed by the EP A. Under the requirements of the State
Implementation Plan for the Aspen area, any traffic generated by this development must
be fully mitigated, or the SIP will have to be revised.
The project must fully mitigate its increase in PM" emissions, or it would not meet the city
policy of use of all available practical methods to maximize air purity.
There are several important factors of this project that will lessen the traffic increases.
The first and most important is the location of the project and its close proximity to the
City's core district. This fact increases the probability of pedestrian traffic to town for
work and errands.
This project is expected to generate 28 additional trips a day and 140 vehicle miles
traveled (VMT) in the non-attainment area. It is this amount of traffic which the
applicant must offset. Given the small amount of mitigation needed, this Department
recommends that a condition of approval be that the applicant develop a mitigation plan
approved by the Environmental Health Department prior to issuance of a building permit.
The applicant can consult with this Department for assistance.
Without additional controls, the project would be in conflict with community goals to
reduce auto traffic, congestion, and air pollution, the PM" SIP and the land use code,
As previously stated, the major benefit of the project is the provision of employee housing
in town. While the residents of this' project will not all live on the same site where they
work, and many will work at places like the School District, the AABC, etc., this still
provides an opportunity for more walking and less driving. This Department strongly
supports limiting parking requirements and long-term auto storage to further discourage
auto use. While this will not eliminate PM,., the increase it causes will be lower than it
would if the project were located farther downvalley.
A condition of approval for this project is that the applicant must obtain the appropriate
permits from the State of Colorado for the design of the venting system of the
underground parking, This design must be evaluated by a registered professional engineer
to ensure that the system will not emit levels of pollutants above safe health standards to
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the outside air. This is especially important due to the location of dwellings above the
garage,
The lack of fireplaces and woodstoves in the project is a potential benefit, although in
order to be a lasting benefit, there would need to be deed restrictions or conditions of
approval ensuring such devices would not' be installed in the future. The applicant must
file a fireplace/woodstove permit with the Environmental Health Department for any gas
log sets or decorative appliances before the building permit will be issued,
CONFORMANCE WITH OTHER ENVIRONMENTAL HEALTH LAWS:
NOISE ABATEMENT: Section 16-1 '"The city council finds and declares that noise is a significant source of
environmental pollution that represents a present and increasing threat to the public peace and to the health, safety and welfare of the
residents of the City of Aspen and it its visitors. .....Accordingly. it is the policy of council to provide standards for permissible noise
levels in various areas and manners and at various times and to prohibit noise in excess of those levels."
During construction, noise can not exceed maximum permissible sound level standards, and
construction cannot be done except between the hours of 7 a.m. and 10 p.m. I
It is very likely that noise generated during the construction phase of this project will have
some negative impact on the neighborhood. The applicant should be aware of this and
take measures to minimize the predicted high noise levels.
",DD:JT _ENV:WP:lAND _ USE:JUAN,ST,
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MEMORANDUM
TO:
LESLIE LAMONT, ASPEN/PITKIN PLANNING OFFICE
PHIL OVEREYNDER, WATER DEPARTMENT DIRECTOR~
FEBRUARY 8, 1994
FROM:
DATE:
SUBJECT:
JUAN STREET AFFORDABLE HOUSING COMMENTS
Thank you for the opportunity for review of the subject application, I have the following
comments:
. Water Main Inteirity--
The existing 8" water main (p. 4 of application) is a cast iron line of undetermined age.
During excavation for service connections, the Water Department will inspect the line
to determine the condition of the line and its suitability to provide service to the proposed
development. It is possible, but not likely, that replacement of a portion, or all, of the
existing main may be required to provide for a structurally sound service connection
depending on its age and condition,
. Fire Protection--
If the First Marshall requires an additional hydrant (p. A-6 of application), the applicant
will be required to install the hydrant according to the standard specifications of the
Water Department.
. Proposed Affordable Housini Fee Waiver--
The applicant refers to currenrCity policy on water tap fee waivers for 100% affordable
housing projects (p, A-5 of application), City Council has requested a report from the
Housing Authority and Water Department which may alter this policy in the future.
Depending on Council action, the application of the proposed fee waiver mayor may not
be affected. Current policy would permit application to the project as proposed.
PO:ll
\phil\juanst,meni
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MEMORANDUM
TO:
THRU:
FROM:
DAlE:
RE:
Leslie Lamont, Planning Office
George Robinson, Parks Director
Rebecca Baker, Parks Department
February 23, 1994
Juan Street Mfordable Housing PUD/Subdivision, Text & Map Amendments, Special
Review, 8040 Greenline Review and GMQS Exemption
The Parks Department has reviewed the application submitted by the Aspen/Pitkin Housing
Authority and has the following comments to offer.
Staff did a site visit with Dave Tolen and Mary Lackner on Feb 22 to discuss trail and sidewalk
issues for this project. It was decided that tbe Aspen Mountain Trail was not suitable on this site
and should remain above this parceL A sidewalk should be pursued, and if possible, accommodate
some buffer zone between sidewalk and road. The Housing Authority should work with the
Engineering and Parks Department on final design of the sidewalk,
The landscape plan shows five spruce trees proposed on the west side of the property. The tree in
the north-west corner is suitable for that location, allowing it to grow. The other four, particularly
the two by duplex units 4 & 5, the applicant may want to consider a different species of conifer or
relocating elsewhere on the property. Spruces are very fast growing trees and will expand beyond
these limited spaces in 10 years, A more suitable tree that still provides a screening effect may be a
bristlecone pine (Pinus airstata) or other slower growing tree,
Any irrigation system installed should be in compliance with the Water Conservation Code,
Trees over six inches in diameter require tree removal pennits prior to construction and any trees
proposed to be saved need to be protected during construction, including no digging in the drip
line, The Parks Department has guidelines available for construction occuning around trees,
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:Aspen C9onsolidated Sanitation CDistlfict
565 North Mill Street .., ..
Aspen, Colorado 81611
FAX #(303) 925.2537
Tele, (303) 925.3601
Sy Kelly. Chairman
John J, Snyder. Treas.
Louis Popish, Secy,
Albert Bishop
Frank Loushin
Bruce Matherly, Mgr,
February 10, 1994
Leslie Lamont
Planning Office
130 S. Galena
Aspen, CO SI611
Re: Juan street Affordable Housing PUD
Dear Leslie:
The Aspen Consolidated Sanitation District currently has
sufficient capacity to serve this proposed devel~pment. Servic~
is contingent upon compliance with the District's Rules and
Regulations, and Line Specifications, which are on file at the
District office.
It appears as though shared service line agreements will be
needed for the common six inch service lines that would be used
to connect the individual buildings to our system. The service
line design must be approved by our Line Superintendent prior to
connection. As usual, the District cannot allow any clear water
connections to our system.
We do have deficiencies in our collection adjacent the
development site and downstream, that would be corrected by the
District. The fees associated with connecting this project to our
system will be surcharged to fund these improvements.
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Once detaiied ~ians are ~vaiiabie we will be able to comment
further on this project and estimate the total connection
charges.
Sincerely,
~,~~..-;;L<4'X
Bruce MatherlY
District Manager
EPA AWARDS OF EXCELLENCE
1976 . 1986 . 1990
REGIONAL AND NATIONAL
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TO:
FROM:
RE:
DATE:
MEMORANDUM
LESLIE LAMONT, PLANNING
WAYNE VANDEMARK, FIRE .MARSHAL
JUAN ST. AFFORDABLE HOUSING
2/2/94
================================================================
WE HAVE REVIEWED THE APPLICATION SUBMITTED BY THE HOUSING
AUTHORITY. THE BUILDING SITE AREA HAS NO FIRE HYDRANT TO ASSIST IN
FIRE FIGHTING OPERATIONS. SEE APPENDIX D, A6. HYDRANT #720 IS A
LITTLE OUT OF THE WAY FOR FIRE OPERATIONS. IN WINTER IT WOULD
BECOME EVEN MORE DIFFICULT TO ACCESS.
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EXHIBIT C
RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION
FOR A MAP AND TEXT AMENDMENTS, PUD/SUBDIVISION,
SPECIAL REVIEW FOR PARKING AND OPEN SPACE,
8040 GREENLINE AND GMQS EXEMPTION FOR AFFORDABLE HOUSING
FOR THE DEVELOPMENT OF SIX AFFORDABLE DWELLING UNITS
LOCATED ON LOTS 3, 4, 5 AND 6, BLOCK 11, EAMES ADDITION,
JUAN STREET, ASPEN COLORADO
Resolution No. 94-~
WHEREAS, the applicant, the Aspen/pitkin County Housing
Authority (APCHA) has submitted an application for the development
of six fully deed restricted dwelling units; and
WHEREAS, the development application requests to rezone the
property from R-15 (L) (PUD) to Affordable Housing (PUD) ,
consolidated PUD review, subdivision review, special review for
parking and open space, 8040 Greenline review and GMQS Exemption
for affordable housing; and
WHEREAS, the Commission reviewed the development proposal in
accordance with those procedures set forth at Section 24-6-
205(A) (5) (b) of the Municipal Code and did conduct a public hearing
thereon on March 1, 1994; and
WHEREAS, upon review and consideration of the special review
standards for parking anddpen space and the 8040 Greenline review
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standards as contained in Chapter 24 of the Municipal Code, to wit,
Division 4 of Article 7 (Special Review) and Division 5 of Article
7 (Development in Environmentally Sensitive Areas), the commission
approved the special reviews and 8040 Greenline for this
development establishing 12 on-site parking spaces in a below grade
garage and approximately 7% of the site as open space as defined
in the Municipal Code; and
WHEREAS, upon consideration of the applicant I s request to
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consolidate the four step PUD review process to two steps and
considering the Planning Director's recommendation, the Commission
has recommended to Council a consolidated PUD review process; and
WHEREAS, upon review and consideration of the rezoning,
PUD/subdivision and GMQS Exemption, agency and public comment
thereon, and those applicable standards as contained in Chapter 24
of the Municipal Code, to wit, Division 9 of Article 7 (Planned
Unit Development), Division 10 of Article 7 (SUbdivision) and
Article 8 (GMQS), the Planning and Zoning Commission has
recommended approval of the Juan Street affordable housing
development proposal, subject to amended conditions, to the City
Council.
NOW, THEREFORE BE IT RESOLVED by the Commission that it does
affordable housing development; and
NOW, THEREFORE BE IT FURTHER RESOLVED by the Commission that
it does hereby recommend to the Aspen City Council approval of the
map amendment to rezone th~ property from R-15(L) (PUD) to AH (PUD)
. '.
and the text amendment to reduce the minimum lot size per dwelling
unit in the AH zone district; and
NOW, THEREFORE BE IT FURTHER RESOLVED by the Commission that
it does hereby recommend to the Aspen City Council approval of the
consolidated PUD review, subdivision review, with the following
conditions:
1. Any costs for new public services that must be installed or
upgraded shall be borne by the applicant on a partial or full
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basis depending upon the specific agency's requirements. More
specifically:
a. the cost to correct the sanitary collection system
adjacent to the project;
b. if the 8" water main is to be replaced; and
c. the installation of a new fire hydrant.
2. PFior to the iSsUnnce of ~nv building permits, the applicant
shall submit a P lan, subdiv~sbon plat, and PUD/Subdivision
I ovement greement in accordance with Section 24-7-1004.C
and D of the municipal code for review by the Engineering and
Planning Departments and the city Attorney.
The final PUD/subdivision plat and agreement must be filed
~thin 180 days of final approval or PUD/subdivision approval
is void.
3. The PUD/Subdivision agreement shall include the following:
a. a requirement that if the homeowners have dogs, that
when the' animals are on the premises they shall be
controlled by either leashes, enclosed with fences or
invisible fences, or kept inside etc.;
b. letters from all of the utilities that they have
inspected and approved the final development plan; and
c. restrictions against future installation of fireplaces
and woodstoves.
4. The final PUD/Subdivisionplat and plan shall include the
following:
a. all transformer and utility easements (the existing
transformer is 'in the public right-of-way) shall be
relocated onto the applicant's property;
b. a 5 foot wide sidewalk shall be located adjacent to
the property line with a 5 foot buffer space between the
sidewalk and the future curb and gutter. The sidewalk
must meet ADA access requirements (no steps), including
the transition to the street;
c. a detn i led landscape plan approved by the Parks
Dr~; an<L
d. a detailed drawing of the area for trash, recycle,
utility meters, and other utility facilities. The
dumpster and the recycle bins shall be dimensioned to
ensure that the area functions well.
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5. Prior to the issuance of any building permits:
a. tree removal permits from the Parks Department shall
be required for the removal of any trees 6" in caliper
or greater and any trees proposed to be saved shall be
protected during construction, including no digging in
the drip line;
b. the applicant shall enter into an agreement with the
Engineering Department to construct curb and gutter in
the future; and
c. the applicant shall consult the Environmental Health
Department to explore other mitigation measures to reduce
VMT.
6. Any irrigation system that is installed shall be in compliance
with the Water Conservation Code.
7. The applicqnt shall maintain the historic runoff patterns that
are found on the site which include d.rainage from above the
property and shall correct any runoff or erosion problems that
are found during development of the site.
8. The applicant shall agree to join any future improvements
districts which may be formed for the purpose of constructing
improvements in the pUblic right-of-way.
9. At the completion of each phase of the work, the applicant
shall submit a statement by a registered professional land
surveyor that all required survey and property monuments
remain in place or have been re-established as required by
Colorado Revised statutes.
10. Prior to issuance of Certificates of OC"tlp"nC1?f for the various
phases or 't:ne proJe<.;\.., Lho: Q!-'p,ncant shall submit reproducible
mylar as-built drawings of sidewalk, utility improvements, and
all other work loc~ted within the public rights-of-way,
showing horizontal and vertical locations within 1 foot
accuracy of all utilities, including their size and
identification, together with any other features encountered
during excavation within the rights-of-way. The as-builts
shall be signed and stamped by a registered professional
engineer. The as-builts shall also be provided to the City
on a disk in a DFX file compatible with the City GIS ArcInfo
software system.
11. All lighting fixtures will face downward and be shielded to
eliminate the potential for glare or nuisance to neighboring
properties. Lighting along the walkways will be low to the
ground (approximately 3' in height) and shielded.
12. All work in the alley and public right-of-way shall require
a permit from the streets department.
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13. During construction, noise cannot exceed maximum permissible
sound level standards, and construction cannot be done except
between the hours of 7 am. and 10 p.m.
14. All material representations made by the applicant in the
application and during public meetings with the Planning and
Zoning Commission and council shall be adhered to and
considered conditions of approval, unless otherwise amended
by other conditions.
15. The revised garage, retaining wall and roof plans that were
submitted prior to First Reading at Council shall be adhered
to as representations of the approved PUO/subdivision.
NOW, THEREFORE BE IT FURTHER RESOLVED by the Commission that
it does hereby recommend to the Aspen City council GMQS Exemption
for six fully de~d restricted dwelling units: 5 three-bedroom and
1 two-bedroom.
The units shall be for-sale units restricted to
categories 3 and 4. The applicant shall file the necessary deed
restrictions, prior to the issuance of any certificates of
occupancy.
AND THEREFORE, BE IT FINALLY RESOLVED by the commission that
it does hereby recommend to city council approval of the following
PUD dimensional variations for the Juan street development
proposal:
a. Lot Lot Area (~q. ft. ) Floor Area (sq. ft. )
1 2,122 1,632
2 1,500 1,424
3 1,308 1,424
4 1,308 1,424
5 1,500 1,424
6 2,175 961
7 2,087 50
Garage N/A 595
Total 12,000 up to 9,200
b. Front yard setbacks for Lots 2-5: 4'
c. Front yard setback for Lot 1: 5'
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d. Front yard setback for Lot 6: l'
e. Combined sideyard setbacks Lot 1: 13' and Lots 2-5: 5'
f. Rear yard setback for Lot 1: 9'
APPROVED by the Commission at its regular meeting on March 1,
1994.
p:;;;i~n~mmission:
Bruce Kerr, Chairman
Date Signed ~~Z~j?;r'
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Date Signed
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EXBIBITb - Map Amendment
APCHA proposes to rezone the property from R-15 (L) (PUD) to AH
(PUD). Pursuant to Section 24-7-1102 the following standards of
review for an amendment to the Official Zone
District Map are as follows:
a. Whether the proposed amendment is in conflict with any
applicable portions of this chapter.
RESPONSE: The application for rezoning is in compliance with the
standards of section 24-7-1104 and other applicable portions of
Chapter 24, the Land Use Code for the City of Aspen.
b. Whether the proposed amendment is consistent with all
elements of the Aspen Area comprehensive Plan.
RESPONSE: The Aspen Area Community Plan (AACP) has identified this
parcel as a "great" site for moderate density affordable housing.
The Juan Street proposal is also consistent with the following AACP
policies:
continue the approach of dispersed mid-size to smaller
projects throughout the Aspen metro area... Develop small
scale resident housing which fits the character of the
community and is interspersed with free market housing...
The development is one of the smaller affordable housing projects
proposed for Aspen. This neighborhood in the city has very little
deed restricted housing. The redevelopment of the property will
preserve the historic structure while building three new buildings
that are intended to be compatible with the historic structure and
the neighborhood.
Encourage infill development within the existing urban area...
Two single-family structures exist on the parcel. The proposal for
additional density on the 'property is an infill parcel that could
have been redeveloped for a large single-family residence.
Encourage pUblic/private partnerships for development and
management of affordable housing...Public funds for
housing should be used primarily for purchasing and
acquiring land on which affordable housing could be
built, in partnership with the private sector, and/or
acquiring existing structures for deed restriction and
resale.. .
According to the application, a private development team is
designing and building the project. The development team is
guaranteeing that the units will be built at a specific price and
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will cover any cost overruns
the land.
Public funds were used to purchase
Locate permanent resident housing near desired activity
centers.
The project is within walking distance of downtown, Rubey Park, the
ice garden, Koch Park, Lift 1A and other community amenities.
c. Whether the proposed amendment is compatible with
surrounding Zone Districts and land uses, considering existing
land use and neighborhood characteristics.
RESPONSE: Properties surrounding this proposal are zoned R-15
(L) (PUD) and L/TR. L/TR allows a greater density of development,
1:1 FAR, for hotel/lodge and condominium development as well as
mUlti-family, single and duplex dwelling units.
The 1973 Aspen Land Use Plan identified this area of town as a
Recreation/Accommodations Transition area. According to the plan
"the primary role of this area should be to provide for a rural
scale and design for hillside development by regulating development
intensity, building height and bulk and requiring adequate open
space." The R-15 PUD zoning was most likely implemented to limit
development to a moderate density and require a PUD review thus
encouraging better site planning for development on difficult
parcels. The purpose of the Lodge (L) zone district is to provide
for lodge uses in areas of the city suitable for lodge
accommodations where there are limitations on development that
necessitate the permitted density to be significantly less than
that in the city's other lodge zone districts.
Although the AH zone district, which is proposed by the applicants,
allows a greater density than the R-15 zone district, the PUD
overlay will be maintained on the property to enable flexible site
planning on this property.
To further the compatibility of this development with the
surrounding land uses, tl\e applicant proposes to develop this
parcel with single-family and duplex dwelling units instead of
mUlti-family which is also permitted in the AH zone district. This
parcel will serve as a transition between the higher density
development to the south and southeast, and the lower density and
rural/park development patterns to the west and northwest.
The maximum height of the structures complies with the height limit
in the R-15 zone district, 25' to the mid-point and 30' to the peak
of the roof. The combined floor area of all the proposed
structures and portion of the garage will be approximately 9,200
square feet with a projected FAR of 0.765:1. This is less than the
maximum floor area of 1.1:1 allowed in the AH zone district and the
1:1 allowed in the surrounding L/TR zone district.
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Although ~he maximum allowable floor area for this parcel under the
R-15 zon~ng is only 4,170 square feet for a single family
residence, the AH zone district offers incentives for development
of affordable housing such as greater density and floor area. Yet,
this proposal will provide needed family-oriented housing near the
downtown while preserving an historic structure without the large
addition to the home that so often accompany preservation of
Aspen's historic structures.
d. The effect of the proposed amendment on traffic generation
and road safety.
RESPONSE: According to the application, traffic generated from
this project is anticipated to be 24 trips a day. Traffic counts
are not available for Juan street, however a 1987 count for South
Aspen street estimated 1,200 vehicle tr ips a day which is well
below the street's capacity. Therefore it is presumed that this
proposal of six dwelling units will have negligible impact on the
streets in this area.
The parking is below grade with one entrance/exit point to the
garage. Given the minimal traffic on Juan street, and the adequate
site distance, a congestion problem is not anticipated with this
project.
e. Whether and the extent to which the proposed amendment
would result in demands on public facilities, and whether and
the extent to which the proposed amendment would exceed the
capacity of such public facilities, including but not limited
to transportation facilities, sewage facilities, water supply,
parks, drainage, schools, and emergency medical facilities.
RESPONSE: According to referrals from public service providers,
there is adequate capacity to service this small project.
However, the sanitary collaction system adjacent to and downstream
of the project is deficient and will be corrected as a result of
this project with a fee assessed to the project.
It is possible that the existing 8" water main will be replaced due
to its age, condition, and the need to service this new project.
If during excavation the Water Department finds the that main must
be replaced the applicant will be expected to help finance the
replacement.
The existing fire hydrant around the corner is too far for adequate
fire protection. A new fire hydrant near the property is necessary
for a development of this density.
f. Whether and the extent to which the proposed amendment would
result in significantly adverse impacts on the natural environment.
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RESPONSE: At a neighborhood meeting conducted by the applicant,
several neighbors indicated that elk have been seen at this edge
of town. According to the Division of Wildlife maps, the backside
(Castle Creek side) of Shadow Mountain is mapped for winter and
severe winter range and critical habitat for elk. These elk ranges
also extend around the front of Shadow Mountain and above the Juan
Street property at the 8400 elevation. Although the Juan Street
property is not included in the critical habitat and winter range
areas, the applicant has agreed to require homeowners to keep dogs
on leashes or enclosed with fences or invisible fencing. These
restrictions shall be included in the subdivision agreement and
homeowners covenants.
Tree removal permits shall be required for the removal of any trees
6" in caliper or greater. The applicant shall submit a landscaping
plan, as approved by the Parks Department, to be recorded with the
subdivision plat.
g. Whether the proposed amendment is consistent and
compatible'with the community character in the City of Aspen.
RESPONSE: The AACP proposes the revitalization of the permanent
community and the encouragement of development that is pedestrian~
oriented as an auto disincentive. The development is family-
oriented and within close proximity of the downtown and
recreational activities within the community, i.e. the ice garden,
Koch Park, and skiing on Aspen Mountain. It is believed by the
applicant that the small scale development of family-oriented
affordable housing, in a neighborhood with little affordable
housing, will enhance the community character.
h. Whether there have been changed conditions affecting the
subject parcel or the surrounding neighborhood which support
the proposed amendment.
RESPONSE: The reduction of Aspenites working and living in Aspen,
combined with the increase in commuter traffic, have led the City
of Aspen to pursue devel'opment on in-town affordable housing.
Wi thin the last five years the city, county, and APCHA have
purchased several properties for the development of affordable
housing. The AACP calls for 60% of Aspen's permanent workforce to
reside in the community where they work.
i. Whether the proposed amendment would be in con~lict with
the public interest, and is in harmony with the purpose and
intent of this chapter.
RESPONSE: The rezoning of this property would further the public
interest and focus for affordable housing programs as identified
in the AACP.
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EXHIBIT ~ - PUD/Subdivision Review
This review is a four step process, with conceptual review at P&Z
then council, followed by final review at P&Z and council.
However, PUD review may be consolidated into a two step review.
section 24-7-903 C. provides that the Planning Director may
determine "that because of the limited extent of the issues
involved in a proposed planned unit development. in relation to
these review procedures and standards, or because of a significant
community interest which the project would serve, it is appropriate
to consolidate conceptual and final development plan review. The
planning director shall consider whether the full four step review
would be redundant and serve no public purpose...The commission or
city council may, during review, determine that the application
should be subject to both conceptual and final plan review..."
The Planning Director and the Planning and zoning Commission
recommend a consolidated review of this project. As the applicant
states in the application, the timely review and development of the
affordable dwelling units will ensure quick occupancy of this
needed housing. Consolidation serves a significant community
interest. In addition, the applicant has provided a level of
detail in the application in order to present a full picture of the
project. The project was reviewed by the Historic Preservation
Committee and the relocation of the historic structure and the
surrounding new development were approved. It is believed that a
four step review process would provide little new information or
illuminate issues that have not already been included in the
application.
Please refer to the application for specific site plans and floor
plans of this project, exhibit A.
Pursuant to section 24-7-903 and 24-7-1004 the following review
criteria for PUD/Subdivision review are as follows:
A. General Requirements
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(a) The prop.osed development shall be cons.istent with the
Aspen Area Comprehensive Plan.
RESPONSE: Please see the RESPONSE to criterion b. for the Map
Amendment review, page 1 of Exhibit C.
(b) The proposed development shall be consistent with the
character of existing land uses in the area.
RESPONSE: Please see the RESPONSE to Criterion c. for the Map
Amendment review, page 2 of Exhibit C.
(c) The proposed development shall not adversely affect the
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future development of surrounding areas.
RESPONSE: The applicant .conducted a neighborhood meeting to review
the proposed development with the surrounding neighbors. A primary
concern of the neighbors was the development potential of the other
underdeveloped property in the area. They were concerned that
development approval may set a bad precedent for future
development. Of a particular concern was the height of the
buildings and whether they would obstruct views of the mountain.
story poles have been placed on the site to simulate the proposed
building heights. The poles indicate that with one minor
exception, the proposed structures will not further restrict views
of Aspen Mountain, but instead fall within views blocked by the
Mine Dump Apartments and Shadow Mountain Condominiums.
This project complies with the 25' height limit to the mid-point
of the roof which is the height limit in the existing R-15 zone
district and is the limit in the AH zone without special review.
The applicants are not requesting a special review to increase the
height limit for this project.
(d) Final approval shall only be granted to the development
to the extent to which GMQS allotments are obtained by the
applicant.
RESPONSE: The six dwelling units are eligible for a GMQS Exemption
for the development of affordable housing.
(e) The project shall be in compliance with all
applicable requirements of this chapter.
RESPONSE: Provided the Commission and Council find the development
in compliance with the various review criteria involved with this
project, the development proposal is in compliance with Chapter 24
of the Municipal Code.
B.
Density Standards for PUD Review
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a. General. The maXlmum denslty shall be no
that permitted in the underlying zone district.
densities may be reduced if:
(1) There is not sufficient water pressure and other
utilities to service the proposed development;
greater than
Furthermore,
RESPONSE: There are sufficient utilities to service this
plan.
(2) There are not adequate roads to ensure fire
protection, snow removal and road maintenance to the
proposed development;
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RESPONSE: The roads are adequate
project. The applicant shall install
ensure adequate protection.
to service this
a fire hydrant to
(3) The land is not suitable for the proposed
development because of its slope, ground instability, and
the possibility of mud flow, rock falls and avalanche
dangers;
RESPONSE: Due to slope density reductions, the 12,000
square foot parcel has been reduced to 10,000 square feet
for lot area purposes. Although avalanche maps indicate
the presence of some chutes it appears from the maps that
there is no specific danger t.o the site. There is a 100
year old house on the property and trees of significant
caliper. Avalanche and environmental hazards review was
part of the 8040 Greenline review. The applicant
confirmed for the Commission that avalanche is not a
hazard.
(4) The effects of the proposed development are
detrimental to the natural watershed, due to runoff,
drainage, soil erosion and consequent water pollution;
RESPONSE: The applicant shall maintain the historic
runoff patterns that are found on the site and shall
correct any runoff or erosion problems that currently
exists on the site.
(5) The proposed development will have a deleterious
effect on air quality in the surrounding area and the
city;
RESPONSE: This proposal will enhance the air quality as
the development is intended to provide pedestrian
oriented housing within close proximity to the workplace
and other commu~ity amenities to discourage auto use.
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The Environmenta-l Health Department has expressed the
need for the applicants to reduce VMT. As reduction
measures are not codified staff recommends that the
applicant consult with the Environmental Health
Department to explore VMT reduction measures.
(6) The design and location of any proposed structure,
road, driveway, or trail in the proposed development is
. not compatible with the terrain or causes harmful
disturbance to critical natural features of the site.
RESPONSE: Due to the slopes on the property the amount
of dwelling units has been reduced. A proposed trail at
the base of ShadOW Mountain, that had been considered
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crossing this site, is not suitable and should be moved
further up the mountain for a better hiking experience.
b. Reduction in density for slope consideration.
(1) In order to reduce wildfire, mudslide, and avalanche
hazards; enhance soil stability; and guarantee adequate
fire protection access, the density of a PUD shall also
be reduced in areas with slopes in excess of twenty
percent in the following manner.
(a) For lands between zero and twenty percent slope,
the maximum density allowed shall be that permitted in
the underlying zone district;
(b) For lands between twenty-one and thirty percent
slope, the maximum density allowed shall be reduced to
fifty percent of that permitted in the underlying zone
district;
(c) For lands between thirty-one and forty percent
slope, .the maximum density allowed shall be reduced to
twenty-five percent of that permitted in the underlying
zone district;
(d) For lands in excess of forty percent slope, no
density credit shall be allowed.
Maximum density for the entire parcel on which the
development is proposed shall be calculated by each slope
classification, and then by dividing the square footage
necessary in the underlying zone district per dwelling
unit.
Density shall be further reduced as specified in Article
3, Definition of Lot Area.
RESPONSE: Due to slope density calculations a portion
of the site ex~eds 20% slopes, therefore the 12,000
square foot parcel must be reduced to 10,000 square feet
of lot area for density purposes. The proposed text
amendment will enable the development of six single
family parcels on the 10,000 square foot lot.
C. Land Uses
Detached residential units may be authorized to be
clustered in a zero lot line or row house configuration.
RESPONSE: The applicant proposes 2 single-family detached
dwelling units and 2 "duplex" structures that are being
proposed as detached single-family units. utilizing the PUD
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variation process, the applicant requests to vary the side
yard setbacks to achieve a zero lot line configuration. The
footprints cover a total of 4,820 square feet, or only 40% of
the entire site.
D. Dimensional Requirements
The dimensional requirement shall be those
district, provided that variations may
following:
of the underlying zone
be permitted in the
minimum distance between buildings, maximum height, m~n~mum
front yard, minimum rear yard, minimum side yard, minimum lot
width, minimum lot area, trash access area, internal floor
area ratio, and minimum percent open space.
RESPONSE: Please see the attached table, next page, listing the
dimensional variations that are being requested.
The following chart indicates the lot size and proposed floor area:
Lot Lot Area (sq. ft. ) Floor Area (sq. ft. )
1 2,122 1,632
2 1,500 1,424
3 1,308 1,424
4 1,308 1,424
5 1,500 1,424
6 2,175 961
7 2,087 50
Garage N/A 595
Total 12,000 8,934
Lot lines have been defined to provide private yards around the
homes.
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The front yards proposed f~r the rear parcels (Lots 2-5) are: 4'
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The front yard setback proposed for Lot 1 is: 5'
The front yard setback proposed for Lot 6 is 1'. HPC has
recommended moving the historic structure closer to the street.
However the home will be 6' from the property line and the front
porch will be l' from the property line.
All exterior side yard setbacks comply with the AH zone district
requirement of 5'. Howev>er the rpl'1tl i ,.."n "'ombined total for
sideyard setbacks of 15', is requested to be varied for Lot 1 to
13' and 5' (due to zero lot line) for Lots 2-5.
The rear yard setback for Lot 1 is requested to be varied to 9'.
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TABLE Z
COMPARISON OF PROJECI' DIMENSIONAL REQUIREMENTS TO
AD ZONE DlSTRICI'DIMENSIONAL REQUIREMENTS
. AD Zone District Proposed Requirement Cor
Dimensional Limitation
Requirement Juan Street POO
1. Minimum lot area 3,000 sq. ft. 1,300 sq. ft.
2. Minimum lot area per See note 1, below; At least 9,953 sq. ft. of lot
dwelling unit 5 units @ 1,500 + 1 unit area is available after
@ 2,000 = 9,500 sq. ft. density reduction
3. Minimum lot width 30' 30'
4. Minimum front yard 10' 4'
5. Minimum side yard 0' for each yard; 0' for each yard;
15' total for both yards; 5' total for both yards;
5' for yards contiguous to 5' for yards contiguous to
other zone districts other zone districts
.
6, Minimum rear yard 10' 9'
7. Maximum height 25' (increasable to 30') 25'
8. Minimum distance 5' 10'
between buildings
9, Minimum percent open Special Review 7% conforming; 55% total
space "green/p~destrian area
10, Maximum external 10,400 sq. ft.; see note 2, 8,934 sq. ft. -----. 'v
floor area ratio below "'"
11. Maximum internal No requirement No requirement
floor area ratio
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Notes:
1. 1,500 s.f for a lot on which no more than 1,500 sq. ft. of floor area is built;
2,000 sq. ft. fora lot on which 1,500 sq, ft. to 1,750 sq. ft. of floor area is built.
2. In a PUD, allowable floor area is calculated by dividing the lot area by the
total number of proposed lots to obtain an average lot area, (12,000/6= 2,(00)
so floor area can be calculated (2,000 x 80/100= 1,600 (2 detached residences)
+ 2,000 x 90/100 = 1,800 (4 duplex units). The total of the floor areas for
each lot is the total allowed in the PUD (1,600 x 2 + 1,800 x 4 = 10,400 s.f.)
Source: Alan Richman Planning Services, January, 1994.
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Development Application for Juan Street Afl'onlable Housing Project
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The applicant believes that variations in the minimum lot size and
setbacks, and the ability to average allowable floor area over the
entire parcel, is the best use of the PUD plan review. PUD enables
a developer to plan a site specific proposal taking into account
specific site characteristics. Because of the ability for the
project team to use PUD review, a small residential enclave has
been created that provides private yard space and common open
space. In addition the exterior yard space provides an open space
buffer between this property and surrounding properties.
E. Landscaping Plan
A landscaping plan 'shall be approved as part of final development
approval. The plan should exhibit well designed treatment of
exterior spaces. It should provide ample variety of ornamental
plant species that are regarded as suitable for the Aspen area
climate.
RESPONSE: Any trees oVer six inches in caliper must receive a tree
removal permit prior to removal or relocation. The applicant
proposes to scatter deciduous and evergreen trees and shrubs
throughout the site. Next to the Barbee property blue spruce trees
will be concentrated. Chokecherry and Aspen trees and Buffalo
Juniper and lilac shrubs will accent all the building. Canadian
bluegrass will be planted on all pervious surfaces.
The Parks Department suggests that the four blue spruce trees
proposed for the west side of the property be relocated elsewhere
on the property where there is enough room for these fast growing
trees. Another species, such as a bristlecone pine or other slower
growing tree, may be more appropriate for this small space.
F. Architectural site Plan
As part of the final development plan an architectural site plan
shall be submitted to ensure architectural consistency in the
proposed development, architectural character, building design, and
the preservation of the vi~ual character of the city. It is not
the purpose of this review that control of architectural character
be so rigidly enforced that individual initiative is stifled in the
design of a particular building, or substantial additional expense
is required. Architectural character is based upon the suitability
of a building for its purposes, upon the appropriate use of
materials, and upon the principles of harmony and proportion of the
building with each other and surrounding land uses. Building
design should minimize disturbances to the natural terrain and
maximize the preservation of existing vegetation, as well as
enhance drainage and reduce soil erosion.
RESPONSE: Architectural renderings of the proposal are found in
the submitted application. As stated in the application, the
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design of the three new buildings was greatly influenced by the
historic structure in the following manner:
* by designing buildings with a one and two story massing;
* by using simple gable roof forms;
* by breaking up each building's forms with the introduction
of bay windows, porches and tower elements; and
* by using narrow vertical windows,
lap siding, corner board trims,
shingles.
paneled doors, horizontal
and heavy textured roof
The HPC reviewed this project at their meeting February 23 and
approved the relocation and new development on this parcel finding
that the new construction was compatible with the historic element.
Unfortunately, most of the existing vegetation will be removed for
the development of this proposal. However, the applicant has been
able to take advantage of the site's topography to construct an
underground parking garage for 12 parking spaces rather than
compromise a good site plan for the needs of the private
automobile.
G. Lighting and Public Facilities
RESPONSE: All lighting fixtures will face downward and be shielded
to eliminate the potential for glare or nuisance to neighboring
properties. Lighting along the walkways will be low to the ground
,(approximately 3' in height) and shielded. Lighting within the
garage should only be visible when standing directly across from
its entrance. The applicant has committed to installing a motion
detector light system to prevent garage to eliminate glare from the
garage 24 hours a day.
All public service providers have indicated that adequate capacity
exists to service the proj.ept. A fire hydrant shall be installed
and if the 8" water main needs to be replaced the applicant will
be required to financially assist in replacement costs. The
Sanitation District has also indicated that downstream costs may
be assessed on this project.
The applicant is not requesting a waiver of park dedication fees.
H. Traffic and Pedestrian CirCUlation
The project has direct access onto Juan Street, a public right-
of-way.
The only vehicular access point is the entrance/exit to the below
grade garage. HPC has asked the applicant to reduce the width of
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the entrance to one lane,
expressed a safety concern
proposes a width to 18'.
however the Engineering Department has
with the narrow entrance. The applicant
I. Land suitability
The proposed subdivision shall not be located on land unsuitable
for development because of flooding, drainage, rock or soil creep,
mudflow, rock slide, avalanche or snowslide, steep topography or
any harmful to the health, safety, or welfare of the residents in
the proposed subdivision.
RESPONSE: Hepworth-Pawlak Geotechnical, Inc. have conducted an
evaluation of the site. They have found that "the proposed
development at the site appears feasible based on geotechnical
considerations. The si te does not appear to be impacted by
geologic hazards such as unstable slopes or rock fall."
A retaining wall will be developed on the rear portion of the site.
A subgrade perimeter drain in a gravel trench will be installed to
transfer surface water from behind the retaining wall to on-site
drywells. The drywells will also collect surface drainage from the
interior of the site and from the parking garage.
Although the garage is not a natural occurrence on the site, staff
has expressed concern that the required vent/fans for the garage
are located just behind the home on Lot 3. Fumes and noise could
become a problem for occupants of that home. The applicant was
requested to provide additional information as to the venting
system that will be used or relocate the vent at either first or
second reading.
J. spatial Pattern
The proposed subdivision shall not be designed to create spatial
patterns that cause inefficiencies, duplication or premature
extension of public facilities and unnecessary public costs.
RESPONSE: All utilities ~~e available near the site. Any costs
for new public services that must be installed or upgraded will be
borne by the applicant.
K. Improvements and Design Standards
(a) WATER - The City water system has sufficient capacity to
accommodate the project for both domestic and fire protection
needs. The 8" water main is old and may be in bad shape. If
it is necessary to replace the water main, the applicant shall
assist in replacement costs.
(b) SEWER The Aspen Consolidated sanitation District
currently has sufficient collection and treatment capacity to
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serve the project. The collection system adjacent to the
development will need to be upgraded and the District will
add a surcharge to the applicant's connection tees.
(c) ELECTRIC, TELEPHONE, NATURAL GAS AND CABLE TV - Given
the infrequent but occasional problem with projects and their
utility needs, the final development plan shall include
letters trom all of the utilities that they have inspected and
approved the final development plan. There is a transformer
located in the public right-of-way adjacent to the site. As
part of the redevelopment, the transformer must be moved out
of the right-of-way and onto an easement. If utility
pedestals are needed, easements must be provided on the
property. No above grade utility facilities are permitted to
be installed in the pUblic right-of-way.
(d) SIDEWALK, CURB, AND GUTTER - The Pedestrian Walkway and
Bikeway System Plan (ped Plan) calls for sidewalk to be
constructed in this location. The sidewalk must be 5 feet
wide and must be located adjacent to the property line. The
right-of-way is only 50 feet wide in this location, and a five
foot buffer space between the sidewalk and the future curb and
gutter is required to provide for snow storage. The sidewalk
must meet ADA access requirements (no steps), including the
transition to the street.
Curb and gutter should not be constructed at this time because
curb and gutter needs to be designed on a comprehensive basis
for one or more blocks in order to result in correct drainage.
The street might also need to be reshaped in this area.
Therefore the applicant will only be required to enter into
an agreement, prior to issuance of a certificate of occupancy,
to construct curb and gutter in the future. The agreement
will also contain language acknowledging the increase in the
Juan Street right-or-way when future development occurs on the
street.
(e) FIRE PROTECTION ~, A fire hydrant shall be installed near
the project to ensure~adequate fire protection.
(f) DRAINAGE - It is preferable that drainage on the property
that comes from above the property be maintained on site.
(g) STREET LIGHTS - The Pedestrian Plan does not recommend
street lights for this street.
(h) STREETS - All work in the alley and public right-of-way
shall require a permit from the streets department.
(i) FINAL PLAT - Prior to the issuance of any permits, the
applicant must submit a PUD plan and subdivision plat in
accordance with Section 24-7-1004.C and D of the municipal
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code. (It is recommended that the applicant review bluelines
with the Engineering Department prior to final sUbmission.)
The final subdivision plat and agreement must be filed within
180 days of final approval or sUbdivision approval is void.
(j) STREET TREES AND LANDSCAPING - A detailed landscape plan
for the entire project shall approved by the Parks Department
for review.
(k) OTHER - The final development plan shall include a
detailed drawing of the area for trash, recycle, utility
meters, and other utility facilities. The dumpster and the
recycle bins should be shown and dimensioned to ensure that
the area functions well. Meters may not be obstructed by
trash facilities in order to protect the utilities' ability
to read the meters. The application states that the trash
area is within the garage. If a dumpster is to be used, the
slope of the driveway may be of concern for rolling the
dumpster to the street for trash pick-up.
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EXHIBIT f - GMQS Exemption
Pursuant to Section 24-8-104, before any proposed development can
be considered for exemption by the City Council, an application
for exemption shall be forwarded to the Planning and Zoning
commission for review and recommendation at a hearing.
The review criteria for an exemption includes the City's need for
affordable housing, the development's compliance with the adopted
housing plan, the number, type and location of the proposed units,
and the proposed price categories.
The project is designed to provide six affordable dwelling units.
Five of the units are three bedroom units and the historic
structure will be a two bedroom unit. All units will be sale
units, with the first priority for purchase being employees with
children. The units will be restricted to categories 3 and 4
income guidelines.
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'~VI'~
MEMORANDUM
TO:
Mayor and Council ~
Amy Margerum, City Manager
Leslie Lamont, Senior Planne~
April 25, 1994
THRU:
FROM:
DATE:
RE:
Text Amendment to Reduce the Minimum
Affordable Housing Zone District
Ordinance 12, Series of 1994
Lot Size in the
Second Reading
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SUMMARY: The applicant, Aspen/Pitkin County Housing Authority
(APCHA), proposes to develop a six unit affordable housing project
on Juan Street. The site planning for this project establishes
small, family-oriented homes on separate parcels as a priority.
The Affordable Housing zone district does not enable small
lot/small home development in a detached configuration. Therefore,
Housing Authority staff has proposed a text amendment to the AH
zone district to enable smaller home development on smaller lots,
duplicating Aspen's historic residential land use patterns as
recommended in the AACP.
city Council approved Ordinance 12, Series of 1994, at first
reading March 28, 1994.
Please see attached Ordinance 12, Series of 1994.
APPLICANT: Aspen/Pitkin County Housing Authority
TEXT AHENDMEN'l':
The applicant proposes to amend the m~n1mum lot area per dwelling
unit limitations of the AH zone district. Currently, the minimum
lot area is 3,000 square feet per detached dwelling unit and 1,500
square feet per unit in a duplex. The 12,000 square foot parcel
could accommodate the six single-family and duplex dwelling units
(2 x 3,000 plus 4 x 1,500 = 12,000) if not for the slope density
reduction requirement of the PUD overlay. Because of the area in
excess of 20% slopes, the ~seable lot area for density purposes is
10,000 square feet. Thus only three single-family dwelling units
or six duplex dwelling units would be allowed on the parcel.
Please note: preservation of the historic structure as a single-
family home is an important element of this proposal.
If the project were proposed as a mUlti-family development (three
or more units in one structure), approximately 8 three-bedroom
dwelling units may be constructed on the 10,000 square foot parcel
with aLl: 1 allowable floor area ratio. The East Hopkins
affordable housing development ran into a similar problem because
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the amount of lot area would not
dwelling units but would enable
greater density and floor area.
support single-family and duplex
a mUlti-family configuration of
The affordable housing development program has recently begun to
emphasize small, detached, family-oriented housing. The Planning
and Zoning Commission, in several worksessions with AH applicants,
has encouraged developers to work toward the small lot size with
small detached homes similar to the historic land use patterns of
the community. Therefore, the Housing Authority has proposed this
text amendment to enable small lot/small home development on these
infill parcels.
Table 3 in the application, page 31, is no longer applicable.
staff does not believe it is necessary to establish new allowable
floor area ratios for parcels less than 3,000 square feet because
the AH zone district has already incorporated FAR sliding scales
beginning with a 0-3,000 square foot lot size calculation. As with
all the Land Use Code's sliding FAR scales, a larger parcel does
not necessarily mean a commensurate sized home as the FAR would
limit the building size. Please refer to the attached sliding
scale for single-family and duplex residences in the AH zone,
exhibit A.
For small developable parcels, the small lot/small home concept
would not create a large dense development beyond the scale and
character of the city and metro area. However, as larger projects
are proposed, the small lot/small home concept could result in a
dense, over developed, project of the kind the community finds
undesirable. For example, the Housing Action Plan in the AACP
recommends against single big projects as an attempt to solve our
affordable housing problems.
Given the above mentioned concerns of greater density on bigger
parcels, the proposed text amendment recommends a cutoff of 27,000
square feet (a little over 1/2 an acre) for those parcels eligible
to take advantage of the smaller minimum lot area requirements for
single-family and duplex dwelling units. The 27,000 square foot
limit is consistent with the existing AH zone district density
requirements for mUlti-family requirements and also the allowable
floor area requirements in the R/MFA zone district.
Finally, staff has included some minor amendments to clean-up the
language in the AH zone district.
Proposed changes are indicated in bold.
The following changes are proposed for section 24-5-206.2 B:
B. Permitted uses. The following uses are permitted as
of right in the Affordable Housing (AH) zone district.
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1. Residential uses restricted to lev,
maaeratc ana middle ineem6 afferaablc
he1:lsiftlj ~iEieliftes the affordal:lle housing
income and category guidelines, as
defined by the Aspen/Pitkin County
Housing Authority and adopted by Council
in effect at the time of approval, and
resident occupied units, as defined by
the Aspen/Pitkin County Housing Authority
and,adopted by Council in effect at the
time of approval, must comprise at least
seventy (70) percent of the unit mix, of
the development. Free market development
may comprise up to thirty (30) percent of
the unit mix, and forty (40) percent of
the bedroom mix of the development.
Residential uses may be comprised of
single-family, duplex and multi-family
dwelling units;
The following changes are proposed for Section 24-5-206.2 D.:
D. Dimensional requirements. The fOllowing dimensional
requirements shall apply to all permitted and conditional uses in
the Affordable Housing (AR) zone district.
1. UiftiBllHll le~ aimc (sEf\:lare fc.et-.); J,BeS
1. Minimum lot size (square feet) on a lot of 27,000 square
feet or less: 1,500
2. Minimum lot si.e (square feet) on a lot greater than 27,000
square feet: 3,000
3. Minimum lot area per dwelling unit (square feet):
Dctaefica residential awclliB~:J,eee
D1:11'lcx; 1,see
Detached and duplex residential dwelling on a
lot of 27,000 square feet or less: 1,500
Detached and duplex residential dwelling on a
lot greater than 27,000 square feet:
Detached residential dwelling: 3,000
Duplex: 1,500
Pursuant to Section 7-1102 the following standards of review apply
for a text amendment:
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a. Whether the proposed amendment is in conflict with any
applicable portions of this chapter.
RESPONSE: The proposed amendment is not in conflict with any
portions of this chapter.
b. Whether the proposed amendment is consistent with all
elements of the Aspen Area Comprehensive Plan.
RESPONSE: Although this proposed amendment was not specifically
identified in the AACP, the AACP did recommend as a policy the
development of family-oriented housing and the development of
small scale resident housing which fits the character of the
community. This text amendment enables small lot/small home
development in the AH zone district.
c. Whether the proposed amendment is compatible with
surrounding Zone Districts and land uses, considering
existing land use and neighborhood characteristics.
RESPONSE: The use of this text amendment, especially if combined
with a PUD overlay, will enable small scale development and
flexible site planning to ensure that proposed development is
compatible with surrounding land use patterns. This amendment,
for this specific project, will enable the preservation of the
historic structure and separated dwelling units rather than one
big building of multiple dwelling units. Although multi-family is
a predominant land use pattern in this area of town, the Juan
street detached dwelling units will represent a transition between
the L/TR zone district and the single residence on the Barbee
property and Shadow Mountain.
d. The effect of the proposed amendment on traffic
generation and road safety.
RESPONSE: The code amendment only affects parcels that are 27,000
square feet or less. Although a more dense project has greater
traffic implications, the more affordable housing that is
developed in the community should result in less auto traffic as
more people will live near their work and recreational activities.
e. Whether and the extent to which the proposed amendment
would result in demands on public facilities, and whether and
the extent to which the proposed amendment would exceed the
capacity of such public facilities, incl~ding but not limited
to transportation facilities, sewage facilities, water
supply, parks, drainage, schoOls, and emergency medical
facilities.
RESPONSE: As part of subdivision review (which is required of all
multiple parcel development) impacts to public facilities will be
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assessed at the time of development review. This text amendment
does not necessarily result in additional density because multi-
family lot area requirements and allowable FAR for mUlti-family is
in the AH zone district allow for greater density on a parcel of
this size.
f. Whether and the extent to which the proposed amendment
would result in significantly adverse impacts on the natural
environment.
RESPONSE: This text amendment is not anticipated to have any
adverse impacts on the natural environment.
g. Whether the proposed amendment is consistent and
compatible with the community character in the City of Aspen.
RESPONSE: As was pointed out in the Commission worksessions with
other proposed affordable housing projects, small lots with
smaller homes are compatible with the historic development
patterns of the community. In addition, as was mentioned
previously, the AACP encourages small scale, family-oriented
development.
h. Whether there have been changed conditions affecting the
subject parcel or the surrounding neighborhood which support
the proposed amendment.
RESPONSE: The changed character of the Aspen community has
prompted pUblic officials and the authors of the AACP to develop
more incentives and effective programs for the development of
affordable housing within the Aspen metro area.
i. Whether the proposed amendment would be in conflict with
the pUblic interest, and is in harmony with the purpose and
intent of this chapter.
RESPONSE: The text amendments proposed would not only clean-up
some code language but also further promote the pUblic's interest
toward affordable housing programs and legislated by the Land Use
Regulations.
RECOMKBNDATION: The Planning and Zoning Commission recommends to
Council approval of the proposed text amendments for the
Affordable Housing zone district.
RECOMKBNDED KOTZON: "I move to adopt Ordinance 12, Series of 1994
amending the Affordable Housing zone district to reduce the
minimum lot size for single-family and duplex dwelling units on
parcels less than 27,000 square feet to 1,500 square feet, on
first reading."
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CITY MANAGER'S COMMENT'S:
Ordinance 12, Series of 1994
BXHIBITS:
A. Floor Area Ratios - AH Zone District
B. Public Notice
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EXHIBIT A
g 5-206,2
ASPEN CODE
f
m,JPLEX
9,000 +
Allowable
Square Feet
90 square feet of floor area for each 100 square
feet in lot area, up to a maximum of 2,700
square feet of floor area.
2,700 square feet of floor area, plus 30 square
feet offioor area for each additional 100 square
feet in lot area, up to a maximum of 3,600
square feet of floor area.
3,600 square feet of floor area, plus 16 square
feet of floor area for each additional 1 00 square
feet in lot area, up to a ma.-amum of 4,080
square feet of floor area,
4,080 square feet of floor area,
Lot Size
(Square Feet)
0-3,000
3,000-6,000
6,000-9,000
M1JLTI-FA.c\1ILY
Lot Size
- 0-27,000 square feet
27,001 square feet-43,560 square
feet
43,561 square feet-3 acres
>3 acres-6 acres
>6 acres-9 acres
>9 acres-18 acres
> 18 acres
Allowable
(Square Feet)
1.1:1
,36: 1, increasable to 1:1 by special review, pur.
suant to Article 7, Division 4.
.36:1
.33:1
,30:1
.27:1
,24:1
11. Internal floor area ratio: No requirement.
E, Off-street parking requirement. The following off.street parking spaces shall be pro.
vided for each use in the Affordable Housing (AH) zone district,
1. Residential uses: Established by special review pursuant to Article 7, Division 4. The
ma.-omum number of parking spaces required shall not e..xceed 1 spacelbedroom or 2
spaces/dwelling unit whichever is less,
2. All other: N/A.
(Ord. No. 59.1989, g 1; Ord. No. 22-1992, g 1)
Editor's note-Provisions enacted by g 1 of Ord. No, 59.1989, and designated as g 5-208
have been included herein at the direction of the city as g 5.206,2,
Sec. 5.207. Residential Mobile Home Park (MHP).
A. Purpose. The purpose of the Residential Mobile Home Park (MHP) zone district is to r
provide for the use ofland to locate manufactured housing for intensive long.term residential
Supp, No, 3
1634
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LA...~D USE REGULATIONS
g 5.206,2
4, Minimum front yard (feet):
Principal building: 10
Accessory building: 15
5. Minimum side yard (feet): The minimum side yard for single.family and duplex dwell.
ings is 0 feet for each side yard; 15 feet total minimum for both side yards. (Minimum
side yard shall be 5 feet for yards which are continuous to any zone district other than
Affordable Housing,)
The minimum side yard for multi.family dwellings shall be 5 feet,
6, Mininmm rear yard (feet):
,
Principal building: 10
Accessory building: 5
7. Maximum height (feet): 25; increasable up to 30 feet by special review pursuant to
Article 7, Division 4,
8, Minimum distance between buildings on the lot (feet): 5
9. Percent of open space required for building site: To be established by special review
pursuant to Article 7, Division 4; open space may be used for off.street parking by
special review, pursuant to Article 7, Division 4~
10. External floor area ratio (applies to conforming and nonconforming lots of record),
DETACHED RESIDENTIAL DWELLINGS
Lot Size
(Square Feet)
9,000+
Allowable
Square Feet
80 square feet of floor area for each 100 in lot
area, up to a ma-amum of 2,400 square feet of
floor area.
2,400 square feet of floor area, plus 28 square
feet of floor area for each additional 100 square
feet in lot area, up to a ma-amum of 3,240
square feet of floor area,
3,240 square feet of floor area, plus 14 square
feet of floor area for each additional 100 square
feet in lot area, up to a maximum of 3,660
square feet of floor area,
3,660 square feet of floor area, plus 7 square
feet for each additional 100 square feet of floor
area to a maximum of 5,770 square feet of
floor area,
0-3,000
3,000-6,000
6,000-9,000
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ORDINANCE NO.12 (SERIES OF 1994)
AN ORDINANCE OF rHE CITY COUNCIL OF
THE eln' OF ASPEN, AMENDING CHAPTER 24 OF
rHE MUNiCIPAL CODE. LAND USE REGULA.
TlONS, By AMENDING SECTiON 24-5-206.2 TO
REDUCE THE MINIMUM LOT SlZEFOR SINGLL
FAMILY AND DUPLEX DWEWNGUNfTSTO 1,500
SQLJARE FEET PER OWEWNG UNIT ON PARCElS
LESS THAN 27.000 SQUARE FEET IN THE
AFFORDABLE HOUSING ZONE DISTRICT.
WHEREAS. Section2~7.1l03 01 the MuniCipal
Code prC,lvides that amendments 10 Chapter 24 of
the COde. 10 wit.~Land Use Regujatjons~. shall be
reviewed and recommended lor approval by the
Planning Director and Ihenby the Planning and
Zoning CommisSion al public hearing, and then
approved, approved with condilions. or disap.
proved by Ihe Clly Council at public hearing: and
WHEREAS. the Plannin!: Director did receive
from Ihe Aspen Pilkin County Houslnl:: AUfhorlty
e AppJicanl") illlrJ has reyj~weJ and r~conllnt:lld-
ed lur approval a text amendmt:nt to Chapter 24
associaled with tht: deVelopment 0/ affordable
housing: and
WHEREAs.. the Planning and Zoning Commis-
sion r~viewed the proposal ilnd did conducl a
public hearing thereon on March 1. 1994: and
WHERf.A.S. upon review and Consideration 0/
lhe It:xt am..:ndment, aijency and public commt:nt
thert!On. and those applicable standards as con-
tained in Chapler 24 of the. MuniCipal Code, 10
wit. Division II 01 Artlele 7 (Text Amendments),
the Planning and Zoning Commission hasrecom-
mended approval of the lext amendment recom-
mended by the Planning Director purSUant 10
procedure as authorized by Section 24~6.205
(Al(S) o/the Munleipal Code: and
WHEREA.S, the Aspen City CounCI! has
revit:wed and COnsidered the lext amendment
,
1I
under the applICable provisions o/Ihe Munlci~
COde as identified herein. has reviewed and cor ;
sJdered those recommendations and approval:.
as granted bythe Planning andZontng Commis-
sion, and has taken and considered public com-
ment at public hearing; and ..
WHEREAS, the City CouncJJ finds that the text
amendment meets or eXceeds all app/Jcable
development standards and Is Consistent with
the goals and elements 01 the Aspen Area Com-
munity Plan; and
WHEREAs, the City Counclllinds that this Ordi-
nance lurthers and Is necessary for pubUc health.
Safety, and welfare; and
WHEREAs, the City CounCil finds that the pro-
posed text amendment wJl/ allow and promote
betler site design, encourage small, famlJy-orlem.
ed affordable housing. promote housing propos-
als that reflect surrounding neighborhoOd Char.
acteristics and wiIJ be Consistent with the public
welfare and the purposes and Intent 01 Chapler
24 of the Municipal Code. .
NOW THEREFORE BE IT ORDAINED BY THE
CITY COUNCIL OF THE CITY OF ASPEN COl..
OkADO:
Sectlun I:
PurSluiull I() Section 24-7-1102 of lhe Munlci~
Code, the City Counclllinds as loIlows In regard
to the lext amendment:
I, The proposed text amendments as set forth
are not In conflict with the prOvisions 01 Chapter
24 o/the Municipal COde or the Aspen Area Com-
munity Plan.
2. The proposed text amendments will not
adversely Impact traflic generation or road safety
when taken Inlo conslderaUon with the other
aspects of the MuniCipal Code.
3. The proposed lext amendment wJlJ promote
the public Interest and character 0/ the City of
Aspen.
Section 2:
SecUon 5-206.2 of Chapter 24 of the MuniCipal
COde of the CJty 01 Aspen. COlorado, Is hereby
amended, which new text shall read as /ollows:
B. Permitted uses. The following uses are per.
mltted as of right In the Affordable Housing (AIi)
zone dl.'llrict
I. Residential uses restricted to the affordable
housing Income and category gUidelines. as
defined by the Aspen/PJtkln County Housing
Authol1ty and adopted by Council In effect at the
time 01 approval, and resident OCcupied units, as
defined by the Aspen/Pitkin County Housing
Authority and adopted by COuncllln eflect at the
time of approval. must Comprise at least seventy
(10) percent of the unit mix, of the develOpment.
Free market development may comprJse up to
thll1)' (30) percent of the unit mix, and tony (40)
percent at the bedroom mix of the development.
Resldenllaluses may be Comprised of single-Iami-
Iy, duplex and multl.famlly dwelling units;
The lollowlng changes are proposed lor Section
2+5-206.2 D.:
D. Dimensional requirements. The follOWing
dimensional requirements shall apply to all per.
mltted and conditional uses In the Affordable
Housing (AIi) zone district.
1. MJnlmum lot siZe (square leet) on a lot 01
27,000 square feet or less: 1,500
2. Minimum lot size (square teet) on a lot
greater than 27,000 square leet: 3.000
3. Minimum iot area per dwelling unl! (square
feet):
Detached and dliplex residential dwelling on a
lot of 27.000 square leet or less: 1,500
Detached and duplex residential dweiling.on a
lot grealer than 27.000 Square tee!:
Detached residential dwelUng: 3,000
Duplex: J ,500
Seclion3:
This Ordinance shall not effect any existing liti-
gation and shall not operate as an abatement 01
any action or prOceeding now pending under or
by virlue ollhe ordinances repealed oramencled
as herein provided, and the S"lIne shall be Con.
ducted and concluded under such prior ordi.
nances.
Section 4:
If any section, subsection, sentence, clause,
phrase, or pnrtion 01 this Orclinan('e Is lor any
reason held illvalj(l or UIl('OIlSliluliulI,,1l III a Court
of competent jurisdiction, such purtioll shafJ be
deemed a separale, dislint:l and independent
prOVlsionand shall not al/eCI the VaI(dity uf the
remainIng j>orlions lhereol.
SectionS:
A public hearing on the Ordinance shal1 be held
un the 25 day (II April. 1994a15:00 in the City
CouncH Chamher,!;. As'Jen Cll)' Ilal!, Aspt:n Col.
orad(), JJlteen (15) days priur 10 whlell hear/lit:: a
public notice of Ihe same shall be pliblished in a
newspaper 0/ general circulation Wilhln the CilY
01 Aspen.
INTRODUCED, READ AND ORDERED PUB-
USHED as provided by la....., by the City Council 01
Ihe City 01 Aspen on the 28 day 01 March. 1994
John Bennell, Mayor
Allesr: Kathryn S, Koch. City Clerk
Published in The ASpen Times April I, 1994,
EXHIBIT B
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l\:: GIBSON & RENO. ARCHITECTS
DAVID F. GIBSON. AlA
AUGUST G. FIeND. AlA
SCOTT C. SMITH, AlA
JUAN STREET HOUSING: MAILING AFFIDAVIT
April 13, 1994
I James Terry, on the thirteenth day of April, 1994, have mailed the Juan Street Housing letters
to residents and owners within a 300 foot radius of the pl'Oject as recommended by the Aspen
Title Co, To the best of my ability each person has been contacted from my list which the title
search provided.
The notification is for the public City Council meeting to be held April 25, 1994.
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Terry
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418 E. CDOPEFI AVENUE . ASPEN, COLORADO 81611 .. 303/925-5888 . FAX 3031925-5883
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GIBSON & RENO. ARCHITECTS
CAVID F. GIBSON, AlA
AUGUST G. FiEND. AlA
SCOTT C, SMITH, AlA
April 15, 1994
This sworn affidavit shall attest that a public notice was posted at 107 Juan Street for the Juan
Street Affordable Housing Project on April 13, 1994, by Scott C. Smith.
The sign was in plain sight from the street and was notification for the public City Council
meeting to be held on Monday, April 25, 1994.
/1~J~
DorothYJ, Pow"" ~
My Commission "xpir"s 8-20.97
Colorado National Bank Asp,," NA
Box 3318, Aspen, Colorado 81612
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418 E. COOPER AVENUE . ASPEN, COLORADO 81811 . 303/825.5868 . FAX 30:31825.5883
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PUBLIC NOTICB
RBI JtlU lI'l'REBT UJ'OlWAlILB BOtlll:IRlJ PtlD/SUBDrvIlIION, AMDDIlBIr'1'8 !l'O
ns TEXT OJ' TBIl CITY OJ' ABPBH LA!III us. CODII RZQt7LATIORB, CHAPTER
24 OJ' THB AUI'D MUNICIPAL CODII AND AJlBHDXBNTB TO '!'BE OPJ'ICIAL l!IOQ
DX8TJl.ICT IO.P OJ' THlI CITY 01' ASPBR AND 0)(Q8 UBJQlTIO)f :rOR Al'J'OlUIABLB
DWELLING UR:ITS
lJO'l'ICB IS H1UI.EBY QIVE1!l' that a public hearing- will be held on
Monday, April 25, 1994 at a ~eeting to begin at 5:00 p.m. before
the Aspen City Council, city Council Chambers, city Hall, 130 s.
Galena, Aspen, CO to consider an application submitted by the
Aspen/Pitkin County Housing Authority, 530 E. Main St., Aspen, CO,
requesting- the following approvals for' a 'six unit affordable
housing project: consolidated conceptual and final PUD/Subdivision
review; amendments to the official City of Aspen Zone District Map
to rezone the property from R-15(L) (POO) to AH/PUD; an amendment
to the City of Aspen Municipal Code Section 24-5-206.2D2, the
Affordable Houeing' (AH) Zone Distl:'lct, to amend the minimum lot
area per dwelling' unit I:'equlrement; and GMQS Exemption for
Affordable Housing'. The pl:'operty is located at Lots 3, 4, 5 and
6, Block 11, Eames Addition to the City and Townsite of Aspen. For
further information, contact Leslie Laloont at the Aspen/Pitlc1n
Planning Office, 130 S. Galena, Aspen, CO 920-5101
s/John Bennett. MaVOI:'
Aspan City Counoil
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MEMORANDUM
THRU:
Mayor and Council ~~
Amy Margerum, city Manager\jJ ~
Diane Moore, city Planning Director~\\ ,
Leslie Lamont, Senior Planner
TO:
THRU:
FROM:
DATE:
March 28, 1994
RE:
Text Amendment to Reduce the Minimum Lot Size in the
Affordable Housing Zone District First Reading
ordinance/et, Series of 1994
------------~----------------------------------------------------
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SUMMARY: The applicant, Aspen/Pitkin County Housing Authority
(APCHA), proposes to develop a six unit affordable housing project
on Juan Street. The site planning for this project establishes
small, family-oriented homes on separate parcels as a priority.
The Affordable Housing zone district does not enable small
lot/small home development in a detached configuration. Therefore,
Housing Authority staff has proposed a text amendment to the AH
zone district to enable smaller home development on smaller lots,
duplicating Aspen's historic residential land use patterns as
recommended in the AACP.
Staff recommends approval of the text amendment, as outlined in
this memo for section 24-506.2, to reduce the minimum lot size for
single-family and duplex dwelling units on parcels less than 27,000
square feet to 1,500 square feet.
Please see attached ordinance/~, Series of 1994.
APPLICANT: Aspen/Pitkin County Housing Authority
TEXT AMENDMENT:
The applicant proposes to amend the minimum lot area per dwelling
unit limitations of ~he AH zone district. Currently, the minimum
lot area is 3,000 square feet per detached dwelling unit and 1,500
square feet per unit in a duplex. The 12,000 square foot parcel
could accommodate the six single-family and duplex dwelling units
(2 x 3,000 plus 4 x 1,500 = 12,000) if not for the slope density
reduction requirement of the PUD overlay. Because of the area in
excess of 20% slopes, the useable lot area for density purposes is
10,000 square feet. Thus only three single-family dwelling units
or six duplex dwelling units would be allowed on the parcel.
Please note: preservation of the historic structure as a single-
family home is an important element of this proposal.
If the project were proposed as a mUlti-family development (three
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or more units in one structure), approximately 8 three-bedroom
dwelling units may be constructed on the 10,000 square foot parcel
with a 1.1: 1 allowable floor area ratio. The East Hopkins
affordable housing development ran into a similar problem because
the amount of lot area would not support single-family and duplex
dwelling units but would enable a mUlti-family configuration of
greater density and floor area.
The affordable housing development program has recently begun to
emphasize small, detached, family-oriented housing. The Planning
and Zoning Commission, in several worksessions with AH applicants,
has encourag~d developers to work toward the small lot size with
small detached homes similar to the historic land use patterns of
the community. Therefore, the Housing Authority has proposed this
text amendment to enable small lot/small home development on these
infill parcels.
Table 3 in the application, page 31, is no longer applicable.
staff does not believe it is necessary to establish new allowable
floor area ratios for parcels less than 3,000 square feet because
the AH zone district has already incorporated FAR sliding scales
beginning with a 0-3,000 square foot lot size calculation. As with
all the Land Use Code's sliding FAR scales, a larger parcel does
not necessarily mean a commensurate sized home as the FAR would
limit the building size. Please refer to the attached sliding
scale for single-family and duplex residences in the AH zone,
exhibit A.
For small developable parcels, the small lot/small home concept
would not create a large dense development beyond the scale and
character of the city and metro area. However, as larger projects
are proposed, the small lot/small home concept could result in a
dense, over developed, project of the kind the community finds
undesirable. For example, the Housing Action Plan in the AACP
recommends against single big projects as an attempt to solve our
affordable housing problems.
Given the above mentioned concerns of greater density on bigger
parcels, the proposed text amendment recommends a cutoff of 27,000
square feet (a little over 1/2 an acre) for those parcels eligible
to take advantage of the smaller minimum lot area requirements for
single-family and duplex dwelling units. The 27,000 square foot
limit is consistent with the existing AH zone district density
requirements for mUlti-family requirements and also the allowable
floor area requirements in the R/MFA zone district.
Finally, staff has included some minor amendments to clean-up the
language in the AH zone district.
Proposed changes are indicated in bold.
The following changes are proposed for section 24-5-206.2 B:
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B. Permitted uses. The following uses are permitted as
of right in the Affordable Housing (AH) zone district.
1. Residential uses restricted to le.;,
moderate and middle iReeme afferdahle
houainq quidelinea the affordable housing
income and category guidelines, as
defined by the Aspen/Pitkin County
Housing Authority and adopted by council
in effect at the time of approval, and
resident occupied units, as defined by
the Aspen/Pitkin County Housing Authority
and adopted by council in effect at the
time of approval, must comprise at least
seventy (70) percent of the unit mix, of
the development. Free market development
may comprise up to thirty (30) percent of
the unit mix, and forty (40) percent .of
the bedroom mix of the development.
Residential uses may be comprised of
single-family, duplex and multi-family
dwelling units;
The. following changes are proposed for section 24-5-206.2 D.:
D. Dimensional requirements. The following dimensional
requirements shall apply to all permitted and conditional uses in
the Affordable Housing (AH) zone district.
1. Uiniltl1:l1R let sille (aE{uare feet): 3,131313
1. Minimum lot size (square feet) on a lot of 27,000 square
feet or less: 1,500
2. Minimum lot size (square feet) on a lot greater than 27,000
square feet: 3,000
3. Minimum lot area per dwelling unit (square feet):
Detached residential d.;ellinq: 3,131313
Duplex: 1,51313
Detached and duplex residential dwelling on a
lot of 27,000 square feet or less: 1,500
I
Detached and duplex residential dwelling on a
lot greater than 27,000 square feet:
Detached residential dwelling: 3,000
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Duplex: 1,500
Pursuant to section 7-1102 the following standards of review apply
for a text amendment:
a. Whether the proposed amendment is in conflict with any
applicable portions of this chapter.
RESPONSE: The proposed amendment is not in conflict with any
portions of this chapter.
b. Whether the proposed amendment is consistent with all
elements of the Aspen Area Comprehensive Plan.
RESPONSE: Although this proposed amendment was not specifically
identified in the AACP, the AACP did recommend as a policy the
development Of family-oriented housing and the development of
small scale resident housing which fits the character of the
community. This text amendment enables small lot/small home
development in the AH zone district.
c. Whether the proposed amendment is compatible with
surrounding Zone Districts and land uses, considering
existing land use and neighborhood characteristics.
RESPONSE: The use of this text amendment, especially if combined
wi th a PUD overlay, will enable small scale development and
flexible site planning to ensure that proposed development is
compatible with surrounding land use patterns. This amendment,
for this specific project, will enable the preservation of the
historic structure and separated dwelling units rather than one
big building of multiple dwelling units. Although mUlti-family is
a predominant land use pattern in this area of town, the Juan
street detached dwelling units will represent a transition between
the L/TR zone district and the single residence on the Barbee
property and Shadow Mountain.
d. The effect of the proposed amendment on traffic
generation and road safety.
RESPONSE: Th'e code .amendment only affects parcels that are 27,000
square feet or less. Although a more dense project has greater
traffic implications, the more affordable housing that is
developed in the community should result in less auto traffic as
more people will live near their work and recreational activities.
e. Whether and the extent to which the proposed amendment
would result in demands on public facilities, and whether and
the extent to which the proposed amendment would exceed the
capacity of such public facilities, including but not limited
to transportation facilities, sewage facilities, water
supply, parks, drainage, schools, and emergency medical
4
.-,
.-,
facilities.
RESPONSE: As part of subdivision review (which is required of all
multiple parcel development) impacts to public facilities will be
assessed at the time of development review. This text amendment
does not necessarily result in additional density because multi-
family lot area requirements and allowable FAR for multi-family is
in the AH zone district allow for greater density on a parcel of
this size.
f. Whether and the extent to which the proposed amendment
would result in significantly adverse impacts on the natural
environn(ent.
;
RESPONSE: This text amendment is not anticipated to have any
adverse impa~ts on the natural environment.
g. Whether the proposed amendment is consistent and
compatible with the community character in the City of Aspen.
RESPONSE: As was pointed out in the Commission worksessions with
other proposed affordable housing proj'ects, small lots with
smaller homes are compatible with the historic development
patterns of the community. In addition, as was mentioned
previously, the AACP encourages small scale, family-oriented
development.
h. Whether there have been changed conditions affecting the
subject parcel or the surrounding neighborhood which support
the proposed amendment.
RESPONSE: The changed character of the Aspen community has
prompted public officials and the authors of the AACP to develop
more incentives and effective programs for the development of
affordable hqusing within the Aspen metro area.
i. Whether the proposed amendment would be in conflict with
the public interest, and is in harmony with the purpose and
intent of this chapter.
RESPONSE: The text amendments proposed would not only clean-up
some code language but also further promote the public's interest
toward affordable housing programs and legislated by the Land Use
Regulations.
RECOMMENDATION: The Planning and Zoning commission recommends to
Council approval of the proposed text amendments for the
Affordable Housing zone district.
RECOMMENDED MOTION:
1994."
"I move to read Ordinance Ie:?, series of
5
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.-,
"I move to approve Ordinance /~, Series of 1994 amending the
Affordable Housing zone district to reduce the minimum lot size
for single-family and duplex dwelling units on parcels less than
27,000 square feet to 1,500 square feet, on first reading."
CITY MANAGER'S COMMENT'S:
ordinance/~, Series of 1994
EXHIBITS:
A. Floor Area Ratios - AH Zone District
6
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i i.. \
~EXHI\BIT A
LAND USE REGULATIONS
~ 5-206.2
4. Minimum front yard (feet):
Principal building: 10
Accessory building: 15
5. Minimum side yard (feet): The minimum side yard for single-family and duplex dwell-
ings is 0 feet for each side yard; 15 feet total minimum for both side yards. (Minimum
side yard shall be 5 feet for yards which are continuous to any zone district other than
Affordable Housing.)
The minimum side yard for multi.family dwellings shall be 5 feet.
6. Minimum rear yard (feet):
,
Principal building: 10
Accessory building: 5
7. Maximum height (feet): 25; mcreasable up to 30 feet by special review pursuant to
Article 7, Division 4.
8. Minimum distance between buildings on the lot (feet): 5
9. Percent of open space required for building site: To be established by special review
pursuant to Article 7, Division 4; open space may be used for off.street parking by
special review, pursuant to Article 7, Division ~
10. External floor area ratio (applies to conforming and nonconforming lots of record).
DETACHED RESIDENTIAL DWELLINGS
Lot Size
(Squa~ Feet)
~"
0-3,000
--'.'_.~--
( 3,000-r-6,000
6,000-9,000
9,000+
Supp. No.3
--
/ .':)
Allowable
Square Feet
So. square feet of floor area for each 100 in lot
area, up to a maximum of 2,400 square feet of
floor area. '
2,400 square feet of floor area, plus 28 square
feet of floor area for each additional 100 square
feet in lot area, up to a maximum of 3,240
square feet of floor area.
3,240 square feet of floor area, plus 14 square
feet of floor area for each additional 100 square
feet in lot area, up to a maximum of 3,660
square feet of floor area.
3,660 square feet of floor area, plus 7 square
feet for each additiona1100 square feet of floor
area to a maximum of 5,770 square feet of
floor area.
1633
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(.....
,~
\\
^
-,
~ 5-206.2
ASPEN CODE
r~
.,'.',' '",
..... .-\
'--.
DUPLEX
3,00(}~p,000
, ~~,,--
''----.::::)
Allowable
Square Feet
/----.. ,
"'. .\ '\
'''-,'', .91\ square feet of floor area for each 10.0. squlgE!
'. -....}/. ... , ,,-"
"Teet in ro~(area, up to a maximum' of 2,700
') I ,! square feet llf floor area. '-\(:::~-;t"'"
=~\ '.i.,~", ,. :-ll,iOQ squar~ feet of floor area, plus ~square
__ feet offlllor area for each additional 100 square
r
feet in lot area, up to a maximum of 3,600
square feet of floor area.
3,600 square feet of floor area, plus 16 square
feet of floor area for each additional 100 square
feet in lot area, up to a maximum of 4,080
square feet of floor area,
4,080 square feet of floor area.
-"E-:::_
Lot Size
(Square Feet)
0-3,000
'"':--
6,000-9,000
9,000+
MULTI-FAMILY
Lot Size
0-27,000 square feet
27,001 square feet-43,560 square
feet
43,561 square feet-3 acres
>3 acres-6 acres
>6 acres-9 acres
>9 acres-18 acres
> 18 acres
Allowable
(Square Feet)
.
1.1:1
.36:1, increasable to 1:1 by special review, pur-
suant to Article 7, Division 4.
.36:1
.33:1
.30:1
.27:1
.24:1
11. Internal floor area ratio: No requirement.
E. Off-street parking requirement. The following off-street parking spaces shall be pro-
vided for each use in the Affordable Housing (AIl) zone district.
1. Residential uses: Established by special review pursuant to Article 7, Division 4. The
maximum number of parking spaces required shall not exceed 1 space/bedroom or 2
spaces/dwelling unit whichever is less.
2. , All other: N/A.
(Ord. No. 59-1989, ~ 1; Ord. No. 22-1992, .~ 1)
Editor's note-Provisions enacted by ~ 1 of Ord. No. 59-1989, and designated as ~ 5-208
have been included herein at the direction of the city as ~ 5-206.2. '
Sec. 5.207. Residential Mobile Home Park (MHP).
A. Purpose. The purpose of the Residential Mobile Home Park (MHP) zone district is to
provide for the use ofland to locate manufactured housing for intensive long-term residential
Supp. No.3
1634
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MEMORANDUM
TO:
Aspen Planning and Zoning Commission
FROM:
Leslie Lamont, Senior Planner
DATE:
March 1, 1994
RE:
Juan Street Affordable Housing Project
Amendments, PUD/Subdivision, Special
Greenline Review and GMQS Exemption
Housing
- Map and Text
Review, 8040
for Affordable
-----------------------------------------------------------------
-----------------------------------------------------------------
SUMMARY: The applicant, Aspen/Pitkin County Housing Authority
(APCHA), proposes to develop a six unit affordable housing project
on Juan Street. The applicant requests a rezoning of the property,
a Planned Unit Development and subdivision review, 8040 Greenline
and Special Reviews, a text amendment, and a GMQS Exemption
recommendation to Council for the development of affordable
housing.
The Historic Preservation Committee has reviewed the relocation of
the historic structure on this site and the proposed new
development. HPC has approved this development proposal.
Please review the attached application, exhibit A.
APPLICANT: Aspen/Pitkin County Housing Authority as represented
by Alan Richman and Scott Smith of Gibson/Reno Architects
LOCATION: Lots 3, 4, 5 and 6, Block 11, Eames Addition - on Juan
Street between Garmisch and South Aspen Street
ZONING: R-15, Lodge Overlay (L), Planned Unit Development (PUD)
APPLICANT'S REQUEST: In order to develop six detached affordable
dwelling units the applicant requests:
* rezoning from R-15 (L) (PUD) to Affordable Housing (AH)
(PUD) ;
* consolidated PUD review process from four steps to two
steps;
* a subdivision review;
* special reviews for parking and open space;
* a 8040 Greenline review;
* a text amendment to amend the minimum lot area per dwelling
unit in the AH zone district; and
~.
~,
* a recommendation to council for a GMQS Exemption for the
development of affordable housing.
REFERRAL COMMENTS: Please see attached referral comments, exhibit
B.
PROCESS: PUD review is a four step review process. However, the
process may be consolidated to a two step,review if the Commission
and Council find the process adequate to review the proposed
development. The applicant is requesting a consolidated two step
review process.
Map and text amendments, and subdivision are a two step review
process with the Commission making recommendations to Council.
Special review and 8040 Greenline review are a one step review by
the Commission.
GMQS Exemption for affordable housing is a two step review with
the Commission making a recommendation to Council.
----===================----
STAFF COMMENTS:
I. Background - Together, the City of Aspen, Pitkin County
and the Housing Authority have pursued a comprehensive plan to
address the community's housing problems. The housing plan is
threefold it: seeks to preserve the existing affordable housing
stock, requires developers to mitigate a "fair share" of their
affordable housing impacts and produces new affordable housing to
reduce/eliminate the current affordable housing shortfall.
As part of this comprehensive approach, the city Council adopted
Ordinance 59 establishing an Affordable Housing Zone District (AH).
The AH zone enables the rezoning of land for the purposes of
affordable housing.
The purchase and proposed development of the Juan street (Austin
property) property is a step toward the provision of affordable
housing within close proximity to employment opportunities and
neighborhood services for those citizens in need of housing.
In addition, because development of the Kraut property has been
delayed, Council has directed APCHA to move forward on other
property that was purchased for affordable housing development.
The Juan street property was purchased by APCHA in 1990.
The Aspen Area Community Plan (AACP) identified the Juan street as
a high priority for moderate density affordable housing.
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II. site Description - The property is approximately 12,000
square feet with two existing structures on the parcel. One of the
structures is listed on the city's Inventory of Historic sites and
structures.
According to the applicant, the property is moderately sloping with
a change in elevation from 18 feet across a distance of 100 feet
for an average slope of 18%. The front part of the property is
only about a 13% slope, while the slope at the rear of the property
is about 32%. There are, however, limited areas of the parcel in
the rear that exceed 40% slopes.
There are scattered clumps of Aspen trees on the parcel, six of
which are 6" or more in caliper size. Serviceberry bushes are
found along the Juan Street frontage.
The site is at the base of Aspen Mountain and Shadow Mountain. It
is within 5 blocks of Rubey Park Transit Center, and approximately
2 blocks from Lift 1A. It is zoned moderate density residential
(R-15) with Lodge (L) and Planned Unit Development (PUD) overlays.
The vacant parcel to the east, Lots 7-12 of Block 11, are zoned R-
15 (L) (PUD) and are restricted by a prior land use action to
parking. Across Juan Street is a vacant full block (with one small
single family residence) zoned Lodge/Tourist Residential (L/TR).
Lift One Condominiums and Timber Ridge Condominiums are north of
that property and zoned L/TR. The parcel to the west and southwest
is the Barbee property with a single family residence and zoned R-
15 (L) (PUD). The Mine Dump Apartments are directly to the south
and zoned L/TR.
III. project Description - The proposed project consists of
six affordable dwelling units. The historic, single-family,
residence will be moved to the northwest corner of the property and
a second single-family residence is proposed in the northeast
corner of the property. Behind the two single-family residences
two duplex homes are proposed in the southeast and southwest
corners of the property. Common open space and private yard space
will encompass the middle of the property with private sideyard
space proposed for all four structures. Walkways will connect the
six units.
A below grade parking garage will contain 12 parking spaces, 2 for
each unit, and additional storage space. The trash and utility
area are located just off the driveway within the garage.
----==============----
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APPLICABLE REVIEW CRITERIA
I. Map Amendment - APCHA proposes to rezone the property
from R-15 (L) (PUD) to AH (PUD). Pursuant to Section 24-7-1102 the
following standards of review for an amendment to the Official Zone
District Map are as follows:
a. Whether the proposed amendment is in conflict with any
applicable portions of this chapter.
RESPONSE: The application for rezoning is in compliance with the
standards of section 24-7-1104 and other applicable portions of
Chapter 24, the Land Use Code for the City of Aspen.
b. Whether the proposed amendment is consistent with all
elements of the Aspen Area comprehensive Plan.
RESPONSE: The Aspen Area community Plan (AACP) has identified this
parcel as a "great" site for moderate density affordable housing.
The Juan Street proposal is also consistent with the following AACP
policies:
continue the approach of dispersed mid-size to smaller
projects throughout the Aspen metro area... Develop small
scale resident housing which fits the character of the
communi ty and is interspersed with free market housing. . .
The development is one of the smaller affordable housing projects
proposed for Aspen. This neighborhood in the City has very little
deed restricted housing. The redevelopment of the property will
preserve the historic structure while building three new buildings
that are intended to be compatible with the historic structure and
the neighborhood.
Encourage infill development within the existing urban area. . .
Two single-family structures exist on the parcel. The proposal for
additional density on the property is an infill parcel that could
have been redeveloped for a large single-family residence.
Encourage pUblic/private partnerships for development and
management of affordable housing...Public funds for
housing should be used primarily for purchasing and
acquiring land on which affordable housing could be
built, in partnership with the private sector, and/or
acquiring existing structures for deed restriction and
resale. . .
According to the application, a private development
designing and building the project. The development
team is
team is
4
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guaranteeing that the units will be built at a specific price and
will cover any cost overruns. Public funds were used to purchase
the land.
Locate permanent resident housing near desired activity
centers.
The project is within walking distance of downtown, Rubey Park, the
ice garden, Koch Park, Lift 1A and other community amenities.
c. Whether the proposed amendment is compatible with
surrounding Zone Districts and land uses, considering existing
land use and neighborhood characteristics.
RESPONSE: Properties surrounding this proposal are zoned R-15
(L) (PUD) and L/TR. L/TR allows a greater density of development,
1: 1 FAR, for hotel/ lodge and condominium development as well as
mUlti-family, single and duplex dwelling units.
The 1973 Aspen Land Use Plan identified this area of town as a
Recreation/Accommodations Transition area. According to the plan
"the primary role of this area should be to provide for a rural
scale and design for hillside development by regulating development
intensity, building height and bulk and requiring adequate open
space." The R-15 PUD zoning was most likely implemented to limit
development to a moderate density and require a PUD review thus
encouraging better site planning for development on difficult
parcels. The purpose of the Lodge (L) zone district is to provide
for lodge uses in areas of the city suitable for lodge
accommodations where there are limitations on development that
necessitate the permitted density to be significantly less than
that in the city's other lodge zone districts.
Although the AH zone district, which is proposed by the applicants,
allows a greater density than the R-15 zone district, the PUD
overlay will be maintained on the property to enable flexible site
planning on this property.
To further the compatibility of this development with the
surrounding land uses, the applicant proposes to develop this
parcel with single-family and duplex dwelling units instead of
mUlti-family which is also permitted in the AH zone district. This
parcel will serve as a transition between the higher density
development to the south and southeast, and the lower density and
rural/park development patterns to the west and northwest.
The maximum height of the structures complies with the height limit
in the R-15 zone district, 25' to the mid-point and 3D' to the peak
of the roof. The combined floor area of all the proposed
structures and portion of the garage will be approximately 9,200
square feet with a projected FAR of 0.765:1. This is less than the
5
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maximum floor area of 1.1:1 allowed in the AH zone district and the
1:1 allowed in the L/TR zone district.
Although the maximum allowable floor area for this parcel under the
R-15 zoning is only 4,170 square feet for a single family
residence, the AH zone district offers incentives for development
of affordable housing such as greater density and floor area. Yet,
this proposal will provide needed family-oriented housing near the
downtown while preserving an historic structure without the large
addition to the home that so often accompanies preservation of
Aspen's historic structures.
d. The effect of the proposed amendment on traffic generation
and road safety.
RESPONSE: According to the application, traffic generated from
this project is anticipated to be 24 trips a day. Traffic counts
are not available for Juan street, however a 1987 count for South
Aspen Street estimated 1,200 vehicle trips a day which is well
below the street's capacity. Therefore it is presumed that this
proposal of six dwelling units will have negligible impact on the
streets in this area.
The parking is below grade with one entrance/exit point to the
garage. Given the minimal traffic on Juan street, and the adequate
site distance, a congestion problem is not anticipated with this
project.
e. Whether and the extent to which the proposed amendment
would result in demands on public facilities, and whether and
the extent to which the proposed amendment would exceed the
capacity of such public facilities, including but not limited
to transportation facilities, sewage facilities, water supply,
parks, drainage, schools, and emergency medical facilities.
RESPONSE: According to referrals from pUblic service providers,
there is adequate capacity to service this small project.
However, the sanitary collection system adjacent to and downstream
of the project is deficient and will be corrected as a result of
this project with a fee assessed to the project.
It is possible that the existing 8" water main will be replaced due
to its age, condition, and the need to service this new project.
If during excavation the Water Department finds the that main must
be replaced the applicant will be expected to help finance the
replacement.
The existing fire hydrant around the corner is too far for adequate
fire protection. A new fire hydrant near the property is necessary
for a development of this density.
6
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f. Whether and the extent to which the proposed amendment would
result in significantly adverse impacts on the natural environment.
RESPONSE: At a neighborhood meeting conducted by the applicant,
several neighbors indicated that elk have been seen at this edge
of town. According to the Division of Wildlife maps, the backside
(Castle Creek side) of Shadow Mountain is mapped for winter and
severe winter range and critical habitat for elk. These elk ranges
also extend around the front of Shadow Mountain and above the Juan
Street property at the 8400 elevation. Although the Juan Street
property is not included in the critical habitat and winter range
areas, the applicant has agreed to require homeowners to keep dogs
on leashes or enclosed with fences or invisible fencing. These
restrictions shall be included in the subdivision agreement and
homeowners covenants.
Tree removal permits shall be required for the removal of any trees
6" in caliper or greater. The applicant shall submit a landscaping
plan, as approved by the Parks Department, to be recorded with the
subdivision plat.
g. Whether the proposed amendment is consistent and
compatible with the community character in the City of Aspen.
RESPONSE: The AACP proposes the revitalization of the permanent
community and the encouragement of development that is pedestrian-
oriented as an auto disincentive. The development is family-
oriented and within close proximity of the downtown and
recreational activities within the community, i.e. the ice garden,
Koch Park, and skiing on Aspen Mountain. It is believed by the
applicant that the small scale development of family-oriented
affordable housing, in a neighborhood with little affordable
housing, will enhance the community character.
h. Whether there have been changed conditions affecting the
subject parcel or the surrounding neighborhood which support
the proposed amendment.
RESPONSE: The reduction of Aspenites working and living in Aspen,
combined with the increase in commuter traffic, have led the city
of Aspen to pursue development on in-town affordable housing.
Within the last five years the City, County, and APCHA have
purchased several properties for the development of affordable
housing. The AACP calls for 60% of Aspen's permanent workforce to
reside in the community where they work.
i. Whether the proposed amendment would be in conflict with
the public interest, and is in harmony with the purpose and
intent of this chapter.
7
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RESPONSE: The rezoning of this property would further the pUblic
interest and focus for affordable housing programs as identified
in the AACP.
II. Text Amendment - The applicant proposes to amend the
mJ.nl.mum lot area per dwelling unit limitations of the AH zone
district. Currently, the minimum lot area is 3,000 square feet per
detached dwelling unit and 1,500 square feet per duplex dwelling
uni t. The 12,000 square foot parcel could accommodate the six
single-family and duplex dwelling units (2 x 3,000 plus 4 x 1,500
= 12,000) if not for the slope density reduction requirement of the
PUD overlay. Because of the area in excess of 20% slopes the
useable lot area for density purposes is 10,000 square feet. Thus
only three single-family dwelling units or six duplex dwelling
units would be allowed on the parcel. Please note: preservation
of the historic structure as a single-family home is an important
element of this proposal.
If the project were proposed as a multi-family development '(three
or more units in one structure), approximately 8 three-bedroom
dwelling units may be constructed on the 10,000 square foot parcel
with a 1.1:1 allowable floor area ratio. The East Hopkins
affordable housing development ran into a similar problem because
the amount of lot area would not support single-family and duplex
dwelling units but would enable a mUlti-family configuration of
greater density and floor area.
The affordable housing development program has recently begun to
emphasize small, detached, family-oriented housing. The Commission
in several worksessions has encouraged developers to work toward
the small lot size with small detached homes similar to the
historic land use patterns of the community. Therefore, the
Housing Authority has proposed this text amendment to enable small
lot/small home development on these infill parcels.
Table 3 in the application, page 31, is no longer applicable.
Staff does not believe it is necessary to establish new allowable
floor area ratios for parcels less than 3,000 square feet because
the AH zone district has already incorporated FAR sliding scales
beginning with a 0-3,000 square foot lot size calculation. As with
all the Land Use Code's sliding FAR scales, a larger parcel does
not necessarily mean a commensurate sized home. Please refer to
the attached sliding scale for single-family and duplex residences
in the AH zone, exhibit C.
For small developable parcels the small lot/small home concept
would not create a large dense development beyond the scale and
character of the city and metro area. However, as larger projects
are proposed, the small lot/small home concept could result in a
dense, over developed, project of the kind the community finds
undesirable. For example, the Housing Action Plan in the AACP
8
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recommends against single big projects as an attempt to solve our
affordable housing problems.
Given the above mentioned concerns of greater density on bigger
parcel~, the proposed text amendment recommends a cutoff of 27,000
square feet (a little over 1/2 an acre) for those parcels eligible
to take advantage of the smaller minimum lot area requirements for
single-family and duplex dwelling units. The 27,000 square foot
limit is consistent with the existing AH zone district density
requirements for multi-family requirements and also the allowable
floor area requirements in the R/MFA zone district.
Finally, staff has included some minor amendments to clean-up the
language in the AH zone district.
Proposed changes are indicated in bold.
The following changes are proposed for Section 24-5-2-6.2 B:
B. Permitted uses. The following uses are permitted as
of right in the Affordable Housing (AH) zone district.
1. Residential uses restricted to le,. ,
moderate una middle ineemc afferdaelc
fieHBiR~ ~uiaeliReB the affordable housing
income and category guidelines, as
defined by the housing designees and
adopted by Council in effect at the time
of approval, and resident occupied units,
as defined by the housing designees and
adopted by Council in effect at the time
of approval, must comprise at least
seventy (70) percent of the unit mix, of
the development. Free market development
may comprise up to thirty (30) percent of
the unit mix, and forty (40) percent of
the bedroom mix of the development.
Residential uses may be comprised of
single-family, duplex and multi-family
dwelling units;
The following changes are proposed for Section 24-5-2-6.2 D.:
D. Dimensional requirements. The following dimensional
requirements shall apply to all permitted and conditional uses in
the Affordable Housing (AH) zone district.
1. uiRill\ull\ let size (aqHare feet): 3,000
1. Minimum lot size (square feet): 1,500
2. Minimum lot area per dwelling unit (square feet):
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Detaeacd reGiacntial a..ellil~l!J: J, 000
Duplex: 1,500
Detached and duplex residential dwelling on a
lot of 27,000 square feet or less: 1,500
Detached and duplex residential dwelling on a
lot great than 27,000 square feet:
Detached residential dwelling: 3,000
Duplex: 1,500
Pursuant to Section 7-1102 the following standards of review apply
for a text amendment:
a. Whether the proposed amendment is in conflict with any
applicable portions of this chapter.
RESPONSE: The proposed amendment is not in conflict with any
portions of this chapter.
b. Whether the proposed amendment is consistent with all
elements of the Aspen Area Comprehensive Plan.
RESPONSE: Although this proposed amendment was not specifically
identified in the AACP, the AACP did recommend as a policy the
development of family-oriented housing and the development of
small scale resident housing which fits the character of the
community. This text amendment enables small lot/small home
development in the AH zone district.
c. Whether
surrounding
existing land
the proposed amendment is compatible with
Zone Districts and land uses, considering
use and neighborhood characteristics.
RESPONSE: The use of this text amendment, especially if combined
with a PUD Overlay, will enable small scale development and
flexible site planning to ensure that proposed development is
compatible with surrounding land use patterns. This amendment,
for this specific project, will enable the preservation of the
historic structure and separated dwelling units rather than one
big building of multiple dwelling units. Although mUlti-family is
a predominant land use pattern in this area of town, the Juan
Street detached dwelling units will represent a transition between
the L/TR zone district and the single residence on the Barbee
property and Shadow Mountain.
d. The effect of the proposed amendment on traffic
generation and 'road safety.
10
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RESPONSE: The code amendment only affects parcels that are 27,000
square feet or less. Although a more dense project has greater
traffic implications, the more affordable housing that is
developed in the community should result in less auto traffic as
more people will live near their work and recreational activities.
e. Whether and the extent to which the proposed amendment
would result in demands on pUblic facilities, and whether and
the extent to which the proposed amendment would exceed the
capacity of such public facilities, including but not limited
to transportation facilities, sewage facilities, water
supply, parks, drainage, schools, and emergency medical
facilities.
RESPONSE: As part of subdivision review (which is required of all
multiple parcel development) impacts to public facilities will be
assessed at the time of development review. This text amendment
does not necessarily result in additional density because multi-
family lot area requirements and allowable FAR for multi-family is
greater in the AH zone district.
f. Whether and the extent to which the proposed amendment
would result in significantly adverse impacts on the natural
environment.
RESPONSE: This text amendment is not anticipated to have any
adverse impacts on the natural environment.
g. Whether the proposed amendment is consistent and
compatible with the community character in the City of Aspen.
RESPONSE: As was pointed out in the Commission worksessions with
other proposed affordable housing projects, small lots with
smaller homes are compatible with the historic development
patterns of the community. In addition, as was mentioned
previously, the AACP encourages small scale, family-oriented
development.
h. Whether there have been changed conditions affecting the
subject parcel or the surrounding neighborhood which support
the proposed amendment.
RESPONSE: The changed character of the Aspen community has
prompted public officials and the authors of the AACP to develop
more incentives and effective programs for the development of
affordable housing within the Aspen metro area.
i. Whether the proposed amendment would be in conflict with
the public interest, and is in harmony with the purpose and
intent of this chapter.
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RESPONSE: The text amendments proposed would not only clean-up
some code language but also further promote the pUblic's interest
toward affordable housing programs and legislated by the Land Use
Regulations.
III. PUD/Subdivision Review - This review is a four step
process, with conceptual review at P&Z then Council, followed by
final review at P&Z and Council. However, PUD review may be
consolidated into a two step review. section 24-7-903 C. provides
that the Planning Director may determine "that because of the
limited extent of the issues involved in a proposed planned unit
development in relation to these review procedures and standards,
or because of a significant community interest which the project
would serve, it is appropriate to consolidate conceptual and final
development plan review. The planning director shall consider
whether the full four step review would be redundant and serve no
public purpose...The commission or city council may, during
review, determine that ,the application should be subject to both
conceptual and final plan review...
The Planning Director recommends a consolidated review of this
project. As the applicant states in the application, the timely
review and development of the affordable dwelling units will
ensure quick occupancy of this needed housing. Consolidation
serves a significant community interest. In addition, the
applicant has provided a level of detail in the application in
order to present a full picture of the project. The project was
reviewed by the Historic Preservation Committee and the relocation
of the historic structure and the surrounding new development were
approved. It is believed that a four step review process would
provide little new information or illuminate issues that have not
already been included in the application.
Please refer to the application for specific site plans and floor
plans of this project, exhibit A.
Pursuant to section 24-7-903 and 24-7-1004 the following review
criteria for PUD/Subdivision review are as follows:
A. General Requirements
(a) The proposed development shall be consistent with the
Aspen Area Comprehensive Plan.
RESPONSE: Please See the RESPONSE to Criterion b. for the Map
Amendment review, page 4, of this memo.
(b) The proposed development shall be consistent with the
character of existing land uses in the area.
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RESPONSE: Please see the RESPONSE to Criterion c. for the Map
Amendment review, page 4, of this memo.
(c) The proposed development shall not adversely affect the
future development of surrounding areas.
RESPONSE: The applicant conducted a neighborhood meeting to
review the proposed development with the surrounding neighbors.
A primary concern of the neighbors was the development potential
of the other underdeveloped property in the area. They were
concerned that development approval may set a bad precedent for
future development. Of a particular concern was the height of the
buildings and whether they would obstruct views of the mountain.
story poles have been placed on the site to simulate the proposed
building heights. The poles indicate that with one minor
exception, the proposed structures will not further restrict views
of Aspen Mountain, but instead fall within views blocked by the
Mine Dump Apartments and Shadow Mountain Condominiums.
This project complies with the 25' height limit to the mid-point
of the roof which is the height limit in the existing R-15 zone
district and is the limit in the AH zone without special review.
The applicants are not requesting a special review to increase the
height limit for this project.
(d) Final approval shall only be granted to the development
to the extent to which GMQS allotments are obtained by the
applicant.
RESPONSE: The six dwelling units are eligible for a GMQS
Exemption for the development of affordable housing.
(e) The project shall be in compliance with all
applicable requirements of this chapter.
RESPONSE: Provided the Commission and Council find the development
in compliance with the various review criteria involved with this
project, the development proposal is in compliance with Chapter 24
of the Municipal Code.
B. Density Standards for PUD Review
a. General. The maximum density shall be no
that permitted in the underlying zone district.
densities may be reduced if:
greater than
Furthermore,
(1) There is not sufficient water pressure and other
utilities to service the proposed development;
RESPONSE: There are sufficient utilities to service this
plan.
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(2) There are not adequate roads to ensure fire
protection, snow removal and road maintenance to the
proposed development;
RESPONSE: The roads are adequate
project. The applicant shall install
ensure adequate protection.
to service this
a fire hydrant to
(3) The land is not suitable for the proposed
development because of its slope, ground instability, and
the possibility of mud flow, rock falls and avalanche
dangers;
RESPONSE: Due to slope density reductions, the 12,000
square foot parcel has been reduced to 10,000 square feet
for lot area purposes. Although avalanche maps indicate
the presence of some chutes it appears from the maps that
there is no specific danger to the site. There is a 100
year old house on the property and trees of significant
caliper. Further avalanche discussion and environmental
hazards are found in the 8040 Greenline review section
of this memo.
(4) The effects of the proposed development are
detrimental to the natural watershed, due to runoff,
drainage, soil erosion and consequent water pollution;
RESPONSE: The applicant shall maintain the historic
runoff patterns that are found on the site and shall
correct any runoff or erosion problems that currently
exists on the site.
(5) The proposed development will have a deleterious
effect on air quality in the surrounding area and the
city;
RESPONSE: This proposal will enhance the air quality as
the development ~s intended to provide pedestrian
oriented housing within close proximity to the workplace
and other community amenities to discourage auto use.
(6) The design and location of any proposed structure,
road, driveway, or trail in the proposed development is
not compatible with the terrain or causes harmful
disturbance to critical natural features of the site.
RESPONSE: Due to the slopes on the property the amount
of dwelling units has been reduced. A proposed trail at
the base of Shadow Mountain, that had been considered
crossing this site, is not suitable and should be mOVed
further up the mountain for a better hiking experience.
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b. Reduction in density for slope consideration.
(1) In order to reduce wildfire, mUdslide, and avalanche
hazards; enhance soil stability; and guarantee adequate
fire protection access, the density of a PUD shall also
be reduced in areas with slopes in excess of twenty
percent in the following manner.
(a) For lands between zero and twenty percent slope,
the maximum density allowed shall be that permitted in
the underlying zone district;
(b) For lands between twenty-one and thirty percent
slope, the maximum density allowed shall be reduced to
fifty percent of that permitted in the underlying zone
district;
(c) For lands between thirty-one and forty percent
slope, the maximum density allowed shall be reduced to
twenty-five percent of that permitted in the underlying
zone district;
(d) For lands in excess of forty percent slope, no
density credit shall be allowed.
Maximum density for the entire parcel on which the
development is proposed shall be calculated by each slope
classification, and then by dividing the square footage
necessary in the underlying zone district per dwelling
unit.
Density shall be further reduced as specified in Article
3, Definition of Lot Area.
RESPONSE: Due to slope density calculations a portion
of the site exceeds 20% slopes, therefore the 12,000
square foot parcel must be reduced to 10,000 square feet
of lot area for density purposes. The proposed text
amendment will enable the development of six single
family parcels on the 10,000 square foot lot.
c. Land Uses
Detached residential units may be authorized to be
clustered in a zero lot line or row house configuration.
RESPONSE: The applicant proposes 2 single-family detached
dwelling units and 2 "duplex" structures that are being
proposed as detached single-family units. utilizing the PUD
variation process, the applicant requests to vary the side
yard setbacks to achieve a zero lot line configuration. The
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footprints cover a total of 4,820 square feet, or only 40% of
the entire site.
D. Dimensional Requirements
The dimensional requirement shall be those
district, provided that variations may
following:
of the underlying zone
be permitted in the
minimum distance between buildings, maximum height, minimum
front yard, minimum rear yard, minimum side yard, minimum lot
width, minimum lot area, trash access area, internal floor
area ratio, and minimum percent open space.
RESPONSE: Please see the attached table, next page, listing the
dimensional v&riations that are being requested.
The following chart indicates the lot size and proposed floor area:
Lot Lot Area (sq. ft. ) Floor Area (sq. ft. )
1 2,122 1,632
2 1,500 1,424
3 1,308 1,424
4 1,308 1,424
5 1,500 1,424
6 2,175 961
7 2,087 50
Garage N/A 595
Total 12,000 8,934
Lot lines have been defined to provide private yards around the
homes.
The front yards proposed for the rear parcels (Lots 2-5) are: 4'
The front yard proposed for Lot 1 is: 5'
The front yard proposed for Lot 6 will vary as HPC has recommended
moving the historic structure closer to the street. The applicant
will present the details of this setback variation at the
Commission meeting.
All exterior side yard setbacks comply with the AH zone district
requirement of 5'. However the required combined total for
sideyard setbacks of 15', is requested to be varied for Lot 1 to
13' and 5' (due to zero lot line) for Lots 2-5.
The rear yard setback for Lot 1 is requested to be varied to 9'.
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The applicant believes that variations in the minimum lot size and
setbacks, and the ability to average allowable floor area over the
entire parcel, is the best use of the PUD plan review. PUD enables
a developer to plan a site specific proposal taking into account
specific site characteristics. Because of the ability for the
project team to use PUD review, a small residential enclave has
been created that provides private yard space and common open
space. In addition the exterior yard space provides an open space
buffer between this property and surrounding properties.
E. Landscaping Plan
A landscaping plan shall be approved as part of final development
approval. The plan should exhibit well designed treatment of
exterior spaces. It should provide ample variety of ornamental
plant species that are regarded as suitable for the Aspen area
climate.
RESPONSE: Any trees over six inches in caliper must receive a tree
removal permit prior to removal or relocation. The applicant
proposes to scatter deciduous and evergreen trees and shrubs
throughout the site. Next to the Barbee property blue spruce trees
will be concentrated. Chokecherry and Aspen trees and Buffalo
Juniper and lilac shrubs will accent all the building. Canadian
bluegrass will be planted on all pervious surfaces.
The Parks Department suggests that the four blue spruce trees
proposed for the west side of the property be relocated elsewhere
on the property where there is enough room for these fast growing
trees. Another species, such as a bristlecone pine or other slower
growing tree, may be more appropriate for this small space.
F. Architectural site Plan
As part of the final development plan an architectural site plan
shall be submitted to ensure architectural consistency in the
proposed development, architectural character, building design, and
the preservation of the visual character of the city. It is not
the purpose of this review that control of architectural character
be so rigidly enforced that individual initiative is stifled in the
design of a particular building, or substantial additional expense
is required. Architectural character is based upon the suitability
of a building for its purposes, upon the appropriate use of
materials, and upon the principles of harmony and proportion of the
building with each other and surrounding land uses. Building
design should minimize disturbances to the natural terrain and
maximize the preservation of existing vegetation, as well as
enhance drainage and reduce soil erosion.
RESPONSE: Architectural renderings of the proposal are found in
the submitted application. As stated in the application, the
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design of the three new buildings was greatly influenced by the
historic structure in the following manner:
* by designing buildings with a one and two story massing;
* by using simple gable roof forms;
* by breaking up each building's forms with the introduction
of bay windows, porches and tower elements; and
* by using narrow vertical windows,
lap siding, corner board trims,
shingles.
paneled doors, horizontal
and heavy textured roof
The HPC reviewed this project at their meeting February 23 and
approved the relocation and new development on this parcel finding
that the new construction was compatible with the historic element.
Unfortunately, most of the existing vegetation will be removed for
the development of this proposal. However, the applicant has been
able to take advantage of the site's topography to construct an
underground parking garage for 12 parking spaces rather than
compromise a good site plan for the needs of the private
automobile.
G. Liqhtinq and PUblic Facilities
RESPONSE: All lighting fixtures will face downward and be shielded
to eliminate the potential for glare or nuisance to neighboring
properties. Lighting along the walkways will be low to the ground
(approximately 3' in height) and shielded. Lighting within the
garage should only be visible when standing directly across from
its entrance. However, the applicant is not proposing a garage
door and staff has a concern that garage lights will be illuminated
24 hours thus creating some form of light pollution. The applicant
should discuss the possibility of motion detector light or some
other device to eliminate glare from the garage, wherever one
stands.
All pUblic service providers have indicated that adequate capacity
exists to service the project. A fire hydrant shall be installed
and if the 8" water main needs to be replaced the applicant will
be required to financially assist in replacement costs. The
Sanitation District has also indicated that downstream costs may
be assessed on this project.
The applicant is not requesting a waiver of park dedication fees.
H. Traffic and Pedestrian Circulation
The project has direct access onto Juan Street, a public right-
of-way.
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The only vehicular access point is the entrance/exit to the below
grade garage. HPC has asked the applicant to reduce the width of
the entrance to one land, however the Engineering Department has
expressed a safety concern with the narrow entrance. At the time
of preparation of this memo the issue was not yet resolved, staff
will report to the Commission at the March 1 meeting.
The appropriate sight distance and the perpendicular angle of the
drive to the street reduce potential congestion problems.
I. Land Suitability
The proposed subdivision shall not be located on land unsuitable
for development because of flooding, drainage, rock or soil creep,
mudflow, rock slide, avalanche or snowslide, steep topography or
any harmful to the health, safety, or welfare of the residents in
the proposed subdivision.
RESPONSE: Hepworth-Pawlak Geotechnical, Inc. have conducted an
evaluation of the site. They have found that "the proposed
development at the site appears feasible based on geotechnical
considerations. The site does not appear to be impacted by
geologic hazards such as unstable slopes or rock fall."
A retaining wall will be developed on the rear portion of the site.
A subgrade perimeter drain in a gravel trench will be installed to
transfer surface water from behind the retaining wall to on-site
drywells. The drywells will also collect surface drainage from the
interior of the site and from the parking garage.
Although the garage is not a natural occurrence on the site, staff
has expressed concern that the required vent/fans for the garage
are located just behind the home on Lot 3. Fumes and noise could
become a problem for occupants of that home. The applicant was
requested to provide additional information as to the venting
system that will be used or relocate the vent.
J. Spatial Pattern
The proposed subdivision shall not be designed to create spatial
patterns that cause inefficiencies, duplication or premature
extension of public facilities and unnecessary public costs.
RESPONSE: All utilities are available near the site. Any costs
for new pUblic services that must be installed or upgraded will be
borne by the applicant.
K. Improvements and Design Standards
(a) WATER - The City water system has sufficient capacity to
accommodate the project for both domestic and fire protection
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needs. The 8" water main is old and may be in bad shape. If
it is necessary to replace the water main, the applicant shall
assist in replacement costs.
(b) SEWER The Aspen Consolidated Sanitation District
currently has sufficient collection and treatment capacity to
serve the project. The collection system adjacent to the
development will need to be upgraded and the District will
add a surcharge to the applicant's connection fees.
(c) ELECTRIC, TELEPHONE, NATURAL GAS AND CABLE TV - Given
the infrequent but occasional problem with projects and their
utility needs, the final development plan shall include
letters from all of the utilities that they have inspected and
approved the final development plan. There is a transformer
located in the pUblic right-of-way adjacent to the site. As
part of the redevelopment, the transformer must be moved out
of the right-of-way and onto an easement. If utility
pedestals are needed, easements must be provided on the
property. No above grade utility facilities are permitted to
be installed in the public right-of-way.
(d) SIDEWALK, CURB, AND GUTTER - The Pedestrian Walkway and
Bikeway System Plan (Ped Plan) calls for sidewalk to be
constructed in this location. The sidewalk must be 5 feet
wide and must be located adjacent to the property line. The
right-of-way is only 50 feet wide in this location, and a five
foot buffer space between the sidewalk and the future curb and
gutter is required to provide for snow storage. The sidewalk
must meet ADA access requirements (no steps), including the
transition to the street.
Curb and gutter should not be constructed at this time because
curb and gutter needs to be designed on a comprehensive basis
for one or more blocks in order to result in correct drainage.
The street might also need to be reshaped in this area.
Therefore the applicant wiLl only be required to enter into
an agreement, prior to issuance of a certificate of occupancy,
to construct curb and gutter in the future.
(e) FIRE PROTECTION - A fire hydrant shall be installed near
the project to ensure adequate fire protection.
(f) DRAINAGE - It is preferable that drainage on the property
that comes from above the property be maintained on site.
(g) STREET LIGHTS - The Pedestrian Plan does not recommend
street lights for this street.
(h) STREETS - All work in the alley and public right-of-way
shall require a permit from the streets department.
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(i) FINAL PLAT - Prior to the issuance of any permits, the
applicant must submit a PUD plan and subdivision plat in
accordance with Section 24-7-1004.C and D of the municipal
code. (It is recommended that the applicant review bluelines
with the Engineering Department prior to final sUbmission.)
The final subdivision plat and agreement must be filed within
180 days of final approval or subdivision approval is void.
(j) STREET TREES AND LANDSCAPING - A detailed landscape plan
for the entire project shall approved by the Parks Department
for review. '
(k) OTHER - The final development plan shall include a
detailed drawing of the area for trash, recycle, utility
meters, and other utility facilities. The dumpster and the
recycle bins should be shown and dimensioned to ensure that
the area functions well. Meters may not be obstructed by
trash facilities in order to protect the utilities' ability
to read the meters. The application states that the trash
area is within the garage. If a dumpster is to be used, the
slope of the driveway may be of concern for rolling the
dumpster to the street for trash pick-up.
As discussed at the Design Review Committee meeting, the
applicant must provide a letter from a transportation and
traffic engineer that specifies the industry standard
regarding when a one-way versus two way driveway is required
for a subgradeparking garage if the width is to be redUced.
The applicant plans to provide twelve sUb-grade parking
spaces, and it must be demonstrated whether that number of
parking spaces necessitates a one- or a two-way driveway. The
driveway slope is also of concern and is not indicated in the
application. Code provides for a maximum of 12% for a
distance of 20 feet from the property line. However for a 12
car garage, the Code requirement of 4% grades at intersections
may be preferable.
IV. Special Review - The Affordable Housing zone district
requires Special Review for establishing off-street parking and
open space.
A. Parking - The development will provide 2 off-street
parking spaces per dwelling unit for a total of 12 parking spaces.
The AH zone district limits required parking to a maximum of two
parking spaces per dwelling unit.
The parking spaces will be provided in a below grade garage. The
entrance to the garage is located on the northeast corner of the
property.
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Given the proj ect' s proximity to downtown and other community
activity centers additional parking is unnecessary. Juan street
is signed to prohibit parking on both sides of the street and the
applicant supports this prohibition.
Preliminary review of the garage identified a conflict with some
of the storage spaces and one of the parking spaces. The applicant
shall demonstrate how this conflict has been resolved at the
Commission meeting.
B. Open Space - Approximately 7% or 840 square feet of the
site conforms with the Code's definition of open space. However
55% of the total site consists of green space or pedestrian
walkways. Much of the green space does not conform to the
definition of open space as this space constitutes private yards
that will be enclosed with wooden fences. However, the space is
unobstructed from the ground to the sky. This type of development
is consistent with most residential zone districts that do not have
an open space requirements.
v. 8040 Greenline Review - Pursuant to section 24-7-503 the
following review criteria apply for a 8040 Greenline Review -
1. The parcel on which the proposed development is to be
located is suitable for development considering its slope,
ground stability characteristics, including mine subsidence
and the possibility of mud flow, rock falls and avalanche
dangers. If the parcel is found to contain hazardous or toxic
soils, the applicant shall stabilize and revegetate the soils,
or, where necessary, cause them to be removed from the site
to a location acceptable to the City.
RESPONSE: Please see RESPONSE to I. Land Suitability page 20 of
this memo.
The applicant is in the process of
avalanche chutes on Shadow Mountain are
property. The applicant shall inform
findings at the March 1 meeting.
confirming that several
not problematic for this
the Commission of their
2. The proposed development does not have a significant
adverse affect on the natural watershed, runoff, drainage,
soil erosion or have consequent effects on water pollution.
RESPONSE: The project engineers have suggested the use of on-site
drywells to control site runoff. A slope cut is necessary on the
rear of the property and a retaining wall will be constructed with
a gravel trench to transfer runoff to the drywells.
3. The proposed development does not have a significant
adverse affect on the air quality in the city.
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RESPONSE: Although the Environmental Health Department's referral
comments indicate that the applicant must comply with the State
Implementation Plan and mitigate for the increased vehicle miles
travelled (VMT) it is the city Attorney's position that the SIP
does not require new development to mitigate VMT and at this point
neither does the City Code or state law require conformance.
without standards in place it is difficult to enforce the SIP.
Although the project is located within walking distance of
downtown, Rubey Park etc., thus supporting the premise that this
project will reduce VMT travelled in the metro area, the applicant
should still consult'the Environmental Health Department to explore
other mitigation measures to reduce VMT.
Although the applicant has committed to not install fireplace and
woodstoves, the applicant shall deed restrict the project to ensure
that such devices will not be installed in the future.
4. The design and location of any proposed development, road,
or trail is compatible with the terrain on the parcel on which
the proposed development is to be located.
RESPONSE: The proposed mountain trail that was indicated on this
site is inappropriate. The Parks Department recommends moving the
trail location further up the mountain above this parcel.
Slope density reduction has already reduced the developable parcel
from 12,000 square feet to 10,000 square feet.
5. Any grading will minimize, to the extent practicable,
disturbance to the terrain, vegetation and natural land
features.
RESPONSE: It is not possible to build the underground parking and
the dwelling units without removing most of the vegetation on the
site. However, the applicant has proposed an extensive landscape
plan that the Parks Department shall approve.
A six foot retaining wall is proposed to hold the cut slope at the
rear of the property. The applicant has provided very little
information about this wall and its visibility and architectural
treatment. The applicant shall be prepared to review the retaining
wall at the March 1 Commission meeting.
6. The placement and clustering of structures will minimize
the need for roads, limit cutting and grading, maintain open
space, and pre~erve the mountain as a scenic resource.
RESPONSE: Because the applicant can use the topography to develop
the below grade parking garage more open space is maintained and
the site plan is not compromised by the needs of the private
automobile.
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7. Building height and bulk will be minimized and the
structure will be designed to blend into the open character
of the mountain.
RESPONSE: All the structures will comply with the 25' height limit
of the existing zoning R-15 and the proposed zoning AH. The
applicant is not ri=questing a height variance through special
review. Wood and stone building materials will be used to blend
in with the sparsely wooded hillside.
As the story poles on the property indicate, the height of the
buildings and the location of this parcel relative to surrounding
properties create a pocket development at the foot of the mountain
that will not block views of either Shadow Mountain or Aspen
Mountain. The Mine Dump apartments creep further up the hillside.
8. Sufficient water pressure and other utilities are
available to service the proposed development.
RESPONSE: As mentioned previously in this memo the project can be
served by all pUblic utilities.
9. Adequate roads are available to serve the proposed
development, and said roads can be properly maintained.
RESPONSE: Juan Street serves this parcel which is signed against
curbside parking and' is lightly travelled. A survey of South Aspen
Street has indicated that traffic on that street is under the
streets carrying capacity.
10. Adequate ingress and egress is available to the proposed
development so as to ensure adequate access for fire
protection and snow removal equipment.
RESPONSE: A fire hydrant will be installed near the project.
11: Any trail on the parcel designated on the Aspen Area
Comprehensive Plan: parks/Recreation/Open space/Trails Plan
map is dedicated for public use.
RESPONSE: The proposed trail across the property should be
relocated further up the mountain to provide a better trail
experience and to keep the elevation as the trail moves around onto
Aspen Mountain.
VI. GMQS Exemption - Pursuant to section 24-8-104, before
any proposed development can be considered for exemption by the
City Council, an application for exemption shall be forwarded to
the Planning and Zoning Commission for review anq recommendation
at a hearing.
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The review criteria for an exemption includes the city's need for
affordable housing, the development's compliance with the adopted
housing plan, the number, type and location of the proposed units,
and the proposed price categories.
The project is designed to provide six affordable dwelling units.
Five of the units are three bedroom units and the historic
structure will be a two bedroom unit. All units will be sale
units, with the first priority for purchase being employees with
children. The units will be restricted to categories 3 and 4
income guidelines.
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ISSUES: The following items are still unresolved
information must be provided.
1. The applicant has provided very little information about the
rear retaining wall and its visibility and architectural treatment.
The applicant shall be prepared to review the retaining wall at the
March 1 Commission meeting.
2'. With regard to the garage the following items shall be
reviewed:
G
* a motion detector light or some other device to eliminate;o~
glare from the garage, wherever one stands. _q?
* a reduction of the width of the entrance to one lane
* the venting system or proposed relocation of the vent.
3. The applicant is in the process of confirming that seVeral (J
avalanche chutes oniShadow Mountain are not problematic for this 7~
property. The applicant shall inform the Commission of their<:.,-
findings at the March 1 meeting. ~
* the slope of the driveway
* storage spaces in the garage that conflict with parking
spaces
4. The front yard setback for Lot 6 may be varied based upon HPC
recommendations. The applicant will define that variation at the
March 1 Commission meeting.
RECOMMENDATION:
A. staff recommends the rezoning of the property from R-15 (L)
(PUD) to Affordable Housing.
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B. Staff recommends approval of the text amendment, as outlined
in this memo for section 24-506.2, to reduce the minimum lot size
for single-family and duplex dwelling units on parcels less than
27,000 square feet to 1,500 square feet.
C. Staff recommends a consolidated PUD review process.
D. Staff recommends approval of the PUD/Subdivision review with
the following conditions:
1. Any costs for new public services that must be installed or
upgraded shall be borne by the applicant on a partial or full
basis depending upon the specific agency's requirements. More
specifically:
a. the cost to correct the sanitary collection system
adjacent to the project;
b. if the 8" water main is to be replaced; and
c. the installation of a new fire hydrant.
2. Prior to the issuance of any building permits, the applicant
shall submit a PUD plan, subdivision plat, and PUD/Subdivision
Improvement Agreement in accordance with Section 24-7-1004.C
and D of the municipal code for review by the Engineering and
Planning Departments and the City Attorney.
The final PUD/subdivision plat and agreement must be filed
within 180 days of final approval or PUD/subdivision approval
is void.
3 .
The PUD/Subdivision agreement. ~l inCe~~~j~0"Y\ ~
a. a requirement that~~omeowners~hall keep dogs on ~~'
'," \leashes or enclosed with fences ~r. i~visible fencinq~\ ,~
b. letters from all of the utJ.lJ.tJ.es that they have 6 '
inspected and approved the final development plan; and ?~
c. restrictions against future installation of fireplaces ~1I/J
and woodstoves. I../tf/
1
4. The final PUD/Subdivision plat and plan shall include the
following:
a. all transformer and utility easements (the existing ~~
transformer in the pUblic right-of-way shall be relocated
onto the applicant's property); ~
b. a 5 foot wide sidewalk shall be located adjacent to ~ ~
the property line With,: ' foot buffer space between the ~
,-'
.1'""\
~~ sidewalk and the future curb and gutter. The sidewalk
,_ ~ ~~", ~~:t1 meet ADA access requirements (no steps), including
r~ _~~transition to the street;
c. a detailed landscape plan approved by the Parks
Department; and
7.
8.
9.
10.
d. a detailed drawing of the area for trash, recycle,
utility meters, and other utility facilities. The
dumpster and the recycle bins shall be dimensioned to
ensure that the area functions well.
5. Prior to the issuance of any building permits:
a. tree removal permits from the Parks Department shall
be required for the removal of any trees 6" in caliper
or greater and any trees proposed to be saved shall be
protected during construction, including no digging in
the drip line;
b. the applicant shall enter into an agreement with the
Engineering Department to construct curb and gutter in
the future; and
c. the applicant shall consult the Environmental Health
Department to explore other mitigation measures to reduce
VMT.
6.
Any irrigation system that is installed shall be incompliance
with the Water conservati~~~~~
The applicant shall m-~ain the historic runoff patterns tha~
are found on the sit~~~' shall correct any runoff or erosio ~
problems thai. ;; - ~ 1. ~ ~>: .I1W~
The applicant sha~g ee to join any uture imp ovements ~;
districts which may be formed for the purpose of constructing JJ
improvements in the public right-of-way.
At the completion of each phase of the work, the applicant
shall submit a statement by a registered profsssional land
surveyor that all required survey and property monuments
remain in place or have been re-established as required by
Colorado Revised statutes.
Prior to issuance of Certificates of Occupancy for the various
phases of the project, the applicant shall submit reproducible
mylar as-built drawings of sidewalk, utility improvements, and
all other work located within the public rights-of-way,
showing horizontal and vertical locations within 1 foot
accuracy of all utilities, including their size and
identification, together with any other features encountered
28
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during excavation within the rights-of-way. The as-builts
shall be signed and stamped by a registered professional
engineer. The as-builts shall also be provided to the City
on a disk in a dfx file compatible with the city GIS ArcInfo
software system. '
11. All lighting fixtures will face downward and be shielded to
eliminate the potential for glare or nuisance to neighboring
properties. Lighting along the walkways will be low to the
ground (approximately 3' in height) and shielded.
)~~
on th
All work in the alley and pUblic right-of-way shall require
a permit from the streets department.
I ],~. During construction, noise cannot exceed maximum permissible
sound level standards, and construction cannot be done except
between the hours of 7 am. and 10 p.m.
1 <-.+~
i~
All material representations made by the applicant in the
application and during public meetings with the Planning and
Zoning Commission shall be adhered to and considered
conditions of approval , unless otherwise amended by other
conditions.
~rio_r : PUD/SUbd'ViSiO?r':;'~wYp~c1L ths~
a. t e rear wall rnd itris~bility and
arc itectural ..9NIT()~ ~ ~0~
tector light or some other device to eliminate G1~
e gtahraege; A~:?-'~
garage entrance; Ib~
the driveway; ~
s in the garage that appear to be in conflict (~,
spaces; '\
c. the
d. the
~
the garage vent'ng system; and
recommends the following PUD variations for this project:
a. Lot
Lot Area (sq. ft.) Floor Area (sq. ft.)
1
2,122
1,632
1"""'\ .'-',
2 1,500 1,424
3 1,308 1,424
4 1,308 1,424
5 1,500 1,424
6 2,175 961
7 2,087 50
Garage N/A 595
Total 12, 000 8,934(~~ q, ~O <:l
b. Front yard setbacks for Lots 2-5: 4 '
c. Front yard setback for Lot 1: 5'
d. Front yard for Lot 6ClWill Iia Q.a:Ein~J. ell lh~ l'lel.L'-'U 1
,-,.....mmissi.....'""' lft.-...o+:; ng___ @ J-
e. Combined sideyard setbacks Lot 1: 13' and Lot 2-5: 5'
f. Rear yard setback for Lot 1: 9'
F. Staff recommends approval of the Special Review for parking 12
on-site parking spaces and 7% or 840 square feet of open space as
defined in Chapter 24.
G. Staff recommends approval of the 8040 Greenline review with the
/jffOllOWing conditions:
.' The applicant shall assure staff and the Commission that an
avalanche hazard does not exists on this site.
2. The applicant shall review, in detail, the 6' retaining wall
with staff and the Commission at the March 1 meeting.
3. Prior to the issuance of any building permits, the applicant
shall consult the Environmental Health Department to explore
other mitigation measures to reduce VMT.
H. Staff recommends a GMQS Exemption for the development of 6
affordable dwelling units: 5 three-bedroom and 1 two-bedroom. The
units shall be for sale units restricted to categories 3 and 4.
The applicant shall file the necessary deed restrictions, prior to
the issuance of any certificates of occupancy.
RECOMMENDED MOTION:
"I move to recommend to Council the rezoning of the Juan Street
parcel to the Affordable Housing zone district."
"I move to recommend to Council the text amendments as outlined in
memo dated March 1,1994."
30
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,-..,
"I move to recommend to Council the consolidated PUD review process
and PUD/Subdivision approval of the Juan street development with
the conditions outlined in Planning Office memo dated March 1,
1994."
"I move to approve the Special Review for parking and open space
and 8040 Greenline review for the Juan Street development with the
conditions outlined in Planning Office memo dated March 1, 1994."
"I move to recommend to Council a GMQS Exemption for the
development of six affordable dwelling units as proposed by the
applicant for Juan Street."
EXHIBITS:
A. Application
B. Referral Comments
c. Affordable Housing FARs
31
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-,
MEMORANDUM
TO:
THRU:
FROM:
DA1E:
RE:
Leslie Lamont, Planning Office
George Robinson, Parks Director
Rebecca Baker, Parks Department
February 23, 1994
Juan Street Affordable Housing PUD/Subdivision, Text & Map Amendments, Special
Review, 8040 Greenline Review and GMQS Exemption
The Parks Department has reviewed the application submitted by the Aspen/Pitkin Housing
Authority and has the following comments to offer.
Staff did a site visit with Dave Tolen and Mary Lackner on Feb 22 to discuss trail and sidewalk
issues for this project It was decided that the Aspen Mountain Trail was not suitable on this site
and should remain above this parcel. A sidewalk should be pursued, and if possible, accommodate
some buffer zone between sidewalk and road. The Housing Authority should work with the
Engineering and Parks Department on final design of the sidewalk.
The landscape plan shows five spruce trees proposed on the west side of the property. The tree in
the north-west coruer is suitable for that location, allowing it to grow. The other four, particularly
the two by duplex units 4 & 5, the applicant may want to consider a different species of conifer or
relocating elsewhere on the property. Spruces are very fast growing trees and will expand beyond
these limited spaces in 10 years. A more suitable tree that still provides a Screening effect may be a
bristlecone pine (Pinus airstata) or other slower growing tree.
Any inigation system installed should be in compliance with the Water Conservation Code.
Trees over six inches in diameter require tree removal pennits prior to construction and any trees
proposed to be saved need to be protected during construction, including no digging in the drip
line. The Parks Department has guidelines available for construction occurring around trees.
~
;-
,..
1"""".
,~ EXHIBIT B
MEMORANDUM
To: Leslie Lamont, Planning Office
Thru: Robert Gish, Public Works Director
From: Chuck Roth, Engineering Department e..-R..
Date: February 21, 1994
Re: Juan Street Affordable Housing PUD/Subdivision, Text & Map Amendments,
Special Review, 8040 Greenline Review and GMQS Exemption
Having reviewed the above referenced application, and having made a site inspection, the
Engineering Department has the following comments:
1. Sidewalk - The Pedestrian Walkway and Bikeway System Plan (Ped Plan) calls for
sidewalk to be constructed in this location. The sidewalk must be 5 feet wide and must
be located adjacent to the property line. The right-of-way is only 50 feet wide in this
location, and a five foot buffer space between the sidewalk and the future curb and gutter
is required to provide for snow storage. The sidewalk must meet ADA access
requirements (no steps), including the transition to the street.
2. Curb & Gutter - Curb and gutter should not be constructed at this time because curb
and gutter needs to be designed on a comprehensive basis for one or more blocks in order
to result in correct drainage. The street might also need to be reshaped in this area.
Therefore the applicant will only be required to enter into an agreement, prior to issuance
of a certificate of occupancy, to construct curb and gutter in the future.
3. On-street Parking - Currently there is no parking on either side of Juan Street. Since
the location is so near the ski lifts, and since the right-of-way is so narrow, the City will
continue the policy of prohibiting parking on Juan Street.
4. Trash. R~cle & Utility Area - We recommend a condition of approval that requires
that the final development plan show a detailed drawing of the area for trash, recycle,
utility meters, and other utility facilities. The dumpster and the recycle bins should be
shown and dimensioned to ensure that the area functions well. Meters may not be
obstructed by trash facilities in order to protect the utilities' ability to read the meters.
The application states that the area is within the garage. If a dumpster is to be used, the
slope of the driveway may be of concern for rolling the dumpster to the street for trash
pick-up.
\
("""'\
i""",
5. Utilities - Given the infrequent but occasional problem with projects and their utility
needs, we recommend a condition of approval that the final development plan shall
include letters from all of the utilities that they have inspected and approved the [mal
development plan. There is a transformer located in the public right-of-way adjacent to
the site. As part of the redevelopment, the transformer must be moved out of the right-
of-way and onto an easement. If utility pedestals are needed, easements must be provided
on the property. No above grade utility facilities are permitted to be installed in the.
public right-of-way.
6. Driveway. As discussed at the Design Review Committee meeting, the applicant must
provide a letter from a transportation and traffic engineer that specifies the industry
standard regarding when a one-way versus two way driveway is required for a subgrade
parking garage. The applicant plans to provide twelve sub-grade parking spaces, and it
must be demonstrated whether that number of parking spaces necessitates a one- or a
two-way driveway. The driveway slope is also of concern and is not indicated in the
application. Code provides for a maximum of 12% for a distance of 20 feet from the
property line. However for a 12 car garage, the Code requirement of 4% grades at
intersections may be preferable.
7. Street lights - The Ped Plan does not call for street lights on Juan Street.
8. Site drainage - The application satisfactorily addresses the Code requirements of
maintaining run-off at historic, pre-development levels, as well as accounting for foundation
and sub-grade parking garage drainage. The application also indicates that any drainage
onto the property from above the property will be examined. It is preferable for this
drainage also to be maintained on site. '
9. Avalanche Area - This was not specifically addressed in the application. It appears
that the site may be within some 200-300 feet of the 1041 Hazard mapping of avalanche
areas. It is recommended that an avalanche consultant be required to provide current
comments on avalanche possibilities.
10. Possible Future Improvement Districts - The applicant shall agree to join any future
improvement districts which may be formed for the purpose of constructing improvements
in the public right-of-way.
11. Smvey and ProoeI1;y Monuments - At the completion of each phase of the work, the
applicant shall submit a statement by a registered professional land surveyor that all
required survey and property monuments remain in place or have been re-established as
required by Colorado Revised Statutes.
12. Excavation Permit for Work in Public Right-of-way - Given the continuous problems
of unapproved work and development in public rights-of-way, we advise the applicant as
follows:
1/
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The applicant shall consult city engineering (920-5080) for design
considerations of development within public rights-of-way, parks department
(920-5120) for vegetation species, and shall obtain permits for any work or
development, including landscaping, within public rights-of.way from city streets
department (920-5130).
13. As-built Drawings -Prior to issuance of Certificates of Occupancy for the various
phases of the project, the applicants shall submit reproducible mylar as-built drawings of
sidewalk, utility improvements, and all other work located within the public rights-of-way,
showing horizontal and vertical locations within 1 foot accuracy of all utilities, including
their size and identification, together with any other features encountered during
excavation within the rights-of-way. This is a current Code requirement for excavation
permits for work in the public right-of-way. The as-builts shall be signed and stamped by
a registered professional engineer. The as-builts shall also be provided to the City on a
disk in a dfx file compatible with the City GIS ArcInfo software system.
14. Final Plat - Prior to the conveyance of any unit, a final plat shall be submitted for
recordation that meets the requirements of Section 24-7-1004.D.
15. ;Special Review for Number of Parking Spaces - The Engineering ,Department concurs
with the proposed number of parking ,spaces, 12 spaces for the 6 units.
16. 8040 Greenline Review - The application ,satisfactorily addresses 8040 greenline
standards with the possible exception of not . discussingAhe' visibility, and architectural
treatment of the proposed 6 foot high retaining wall at the rear of the property. The wall
should perhaps be tinted an earth tone or treated with stone or exposed aggregate.
cc: Cris Caruso
M94.101
'b
n ()
~~"9-!~d
B.. 961S. ,,_ t'J_,{" "61e 'PI or (9tJS) 9M-IIeS
February 14, 1994
,.......-...
IS ,--;~..~".'tf\
'", fEe I a91 .lri
il __I~
U\j~- .
HAND DEUVERED
l
Ms. Leslie Lamont, Senior Planner
AspenIPitltin County Planning Office
130 South Galena Street
Aspen, Colorado 81611
RE: JUAN STREET AFTORDABLE HOUSING DEVELOPMENT APPLICATION
Dear Leslie,
Please consider this letter to be II minor clarification of the Juan Street Affordable Housing
Development Application.
On page 17 of the application booklet, we have identified the maximum allowable floor area
for the project liS 8,934 square feet, an FAR of 0.745:1. lbis includes spaces which count
as floor arca within the six dwdlinS$, the garage and the gazebo, and is based on the
drawings prepared for the application.
After further thought, we recognize that when detailed drawings are prepared for building
penrril approval, it is possible that the Zoning Official will count areas toward floor area
which we have excluded. Therefore, to provid~ $OIIle flexibility to the project, and to aVllid
any possible delays associated with future staff reviews or the project, we propose that the
maximum allowable floor aWl for the project be 9,200 square feet, an FAR of 0.765:1.
For purposes of your files, 1 am also attaching a copy of the updated Title Insurance
commitment for the property which we recently received.
Please let me know if there is anything else you require during the review process.
Very truly yours,
AlAN RICHMAN PlANNING SERVICES
.Ih~ ~
Alan Richman, AICP
t"'"'\
,,-.,
p
PUBLIC NOTICE
RE: JUAN STREET AFFORDABLE HOUSING PUD/SUBDIVISION, AMENDMENTS TO
THE TEXT OF THE CITY OF ASPEN LAND USE CODE REGULATIONS, CHAPTER
24 OF THE ASPEN MUNICIPAL CODE AND AMENDMENTS TO THE OFFICIAL ZONE
DISTRICT MAP OF THE CITY OF ASPEN, SPECIAL REVIEW, 8040 GREENLINE
REVIEW AND GMQS EXEMPTION FOR AFFORDABLE DWELLING UNITS
NOTICE IS HEREBY GIVEN that a E'ublic hearing will be held on
Tuesday, March 1, 1994 at a meeting to begin at 4:30 p.m. before
the Aspen Planning and Zoning Commission, 2nd Floor Meeting Room,
City Hall, 130 S. Galena, Aspen, CO to consider ,an application
submitted by the Aspen/Pitkin County Housing Authority, 530 E. Main
st., Aspen, CO, requesting the following approvals for a six unit
affordable housing project: consolidated conceptual and final
PUD/Subdivision review; amendments to the official City of Aspen
Zone District Map to rezone the property from R-15 (L) (PUD) to
AH/PUD; an amendment to the City of Aspen Municipal Code Section
24-5-206.2D2, the Affordable Housing (AH) Zone District, to amend
the minimum lot area per dwelling unit requirement; Special Review
to establish the minimum open space and parking requirements; 8040
Greenline Review; and GMQS Exemption for Affordable Housing. The
property is located at Lots 3, 4, 5 and 6, Block ,11, Eames Addition
to the City and Townsite of Aspen. For further information,
contact Leslie Lamont at the Aspen/Pitkin Planning Office, 130 S.
Galena, Aspen, CO 920-5101
s/Bruce Kerr. Chair
Aspen Planning and Zoning Commission
Published in the Aspen Times on February 11, 1994
-----------------------------------------------------------------
-----------------------------------------------------------------
city of Aspen Account
~d~~~~'
~Il 11 V ~W
r--,
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~ ,
Aspen Gonsolidated Sanitation 'District
565 North_Ml\lStrE:et,~. _.
Aspen, Colorado 81611
Thle.(303)925-3601
FAX 1(303)925-2537
Sy Kelly-Chairman
JohnJ,Snyder.Trell&
Louis Popish.Secy.
Albert Bishop
Frank Loushin
Bruce Matherly, Mgr.
FebrUAry 10. t99~
FER I ~
L..lie L.IIlont
PlAnning Office
130 S. C.llll".
Aspen, CO 81611
~.: JUiln Street AffordAble Housing PUD
o.,u' Lesli.:
The Aspen Consolidated SAnitAtion Oi_trict currantly h..
sufficient cap.city to serve this propo..d deyelopM.nt. Service
Is contingent upon co.plll.nc. with the District'. Rule. ilnd
R8gul.Uons, and line Specificl.tione, which .,.. On fil..t the
District offiCii.
It .pp..rs .. though shl.red .ervice line I.gr..",.nts will be
n..ded for the co,","on .i~ inch service Iln.. that would be u..d
tg conn.ct the individU.l building. to oul' .y.t.... Th...l'vice
lin. d..ign Muet be .~~rov.d by OUI' Lin. SU~.l'intend.nt ~I'iol' to
conn.ction. Ae uau.l, the Di.trict c.nnot .llow .ny ci..r w.t.r
connectione to our eyets...
w. do h.v. deficiencies in Our coiiection .dj.c.nt the
d.v.lopM.nt .it..nd down.tr.;iln, th.twould b. corrected by the
Dietrict. The fee. ...oci.ted with conn.cting this pl'oject to our
.yst... will b. eurchArged to fund th..e i..~rov.m.nt..
Onee det.iled pi.n. .1'. AVAii.ble w. will be .01. to comment
further on thie ~I'oject .nd .stimAt. the tot.1 connection
ch.rge..
Sincerely.
1r<---"-~':)l......'0
Bruc. M.th.rly
DI.trict MAn.ger
EPA AWARDS OF EXCELLENCE
1976-1986-1990
REGIONAL AND NATIONAL
'\
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~.
Date: A) )0
I
Case Name: ~l)~
DEVELOPMENT REVIEW COMMITTEE
SUMMARY SHEET
~
Aqent/Representative: AP~-t-!4
~
Chairperson:
~L./
Case TvPe: ~
REFERRAL COMMENTS SUMMARY:
County Engineer: (memo: yes no )
~nvi~onmental Health (me~o: y~s
>::~~
Fire Department: (memo: yes no)
-w~
\P~tm~(~mo.: ~)~ '
Y. l a \ (
.- .
DUP!O)L~-/
Building Department: (memo: yes no)
Housing Authority:
(memo: yes no )
Attorney: (memo: yes no )
~~~~~cb~~.
General Comments: .w e ;-
/'
,,,,,,,",
r->,
fEB
1..,;
J
MEMORANDUM
TO:
LESLIE LAMONT, ASPEN/PITKIN PLANNING OFFICE
PHIL OVEREYNDER, WATER DEPARTMENT DIRECTOR~
FEBRUARY 8, 1994
FROM:
DATE:
SUBJECT:
JUAN STREET AFFORDABLE HOUSING COMMENTS
Thank you for the opportunity for review of the subject application. I have the following \
comments:
.
Fire Protection--
If the First Marshall requires an additional hydrant (p. A-6 of application), the applicant
will be required to install the hydrant according to the standard specifications of the
Water Department.
l,
Water Main Inte~rity-- 1:1 "
The existing 8" water main (p. 4 of application) is a cast iron line of undetermined age./ Lcl \
During excavation for service connections, the Water Department will inspect the li~i .,~/ \
to determine the condition of the line and its suitability to provide service to the propo~/\j
development. It is possible, but not likely, that replacement of a portion, or all, of the \\\l-~
existing main may be required to provide for a structurally sound service connection \ 'c:;:
depending on its age and condition. '\,;:
\,,:-;
~~C
~
.
· Proposed Affordable Housing Fee Waiver--
The applicant refers to current City policy on water tap fee waivers for 100% affordable
housing projects (p. A-5 of application). City Council has requested a report from the
Housing Authority and Water Department which may alter this policy in the future.
Depending on Council action, the application of the proposed fee waiver mayor may not
be affected. Current policy would permit application to the project as proposed.
PO:ll
Iphil\juanst.mem
,,~
~
"......,
MEMORANDUM
To:
Leslie Lamont, Planning Office
Chris Chiola, Environmental Health Department cfG
Lee Cassin, Senior Environmental Health Officer
From:
Through:
Date:
February 7, 1994
Re:
Juan Street Affordable Housing PUD/Subdivision, Text & Map Amendments,
Special Review, 8040 Greenline Review and GMQS Exemption
Parcel ID # 2735-131-14-002
-----------------------------------------------
-----------------------------------------------
The AspenlPitkin Environmental Health Department has reviewed the Juan Street
Affordable Housing land use submittal under authority of the Municipal Code of the City
of Aspen. and has the following comments.
SEWAGE TREATMENT AND COLLECTION: Section 11-1.7 "It shall be unlawful for the owner
or occupant of any -building used for residence or business purposes within the city to construct or reconstruct an on-site sewage
disposal device."
The plans to provide wastewater disposal for this project through the central collection
lines of the Aspen Consolidated Sanitation District (ACSD) meet the requirements of this
department. The ability of the ACSD to handle the increased flow for the project should
be determined by the ACSD. The applicant must stilI provide documentation that the
applicant and the service agency are mutually bound to the proposal and that the service
agency is capable of serving the development.
ADEOUATE PROVISIONS FOR WATER NEEDS: Section 23-55 "All buildings, structures,
facilities, parks, or the like within the city limits which use water shall be connected to the municipal water utility system."
The provision of potable water from the City of Aspen system is consistent with
Environmental Health policies ensuring the supply of safe water. The City of Aspen
Water Department shall determine if adequate water is available for the project. The City
of Aspen water supply meets all standards of the Colorado Department of Health for
drinking water quality.
WATER OUALITY IMPACTS: Section 11-1.3 "For the purpose of maintaining and protecting its municipal
water supply from injury and pollution,'the city'shall exercise regulatory and supetVisory jurisdiction within the incorporated limits of
the City of Aspen and over all streams and sources contributing to municipal water supplies for a distance of fwe (5) miles above the
points from which municipal water supplies are diverted."
This application is not expected to impact stream water quality.
1
,....."
1""\
AIR QUALITY: Section 11-2.1 "It is the purpose of [lhe air quality section of the Municipal Code] to achieve
the maximum practical degree of air purity possible by requiring the use of all avallablepractical methods and techniques to control,
prevent and. reduce air poJJution throughout the city..." The Land Use Regulations seek. to "lessen congestion" and "avoid transportation
demands that cannot be met" as well as to "provide clean air by protecting the natural air sheds and reducing pollutants".
After reading through this application, it is obvious that the project has air quality benefits
as far as meeting the goals of the community plan, city clean air policies, and Aspen/Pitkin
County State Implementation Plan (SIP) for PM".
The major concern of our department is the impact of increasing traffic in a non-
attainment area designated by the EPA. Under the requirements of the State
Implementation Plan for the Aspen area, any traffic generated by this development must
be fully mitigated, or the SIP will have to be revised.
The project must fully mitigate its increase in PM" emissions, or it would not meet the city
policy of use of all available practical methods to maximize air purity.
There are several important factors of this project that will lessen the traffic increases.
The first and most important is the location of the project and its close proximity to the
City's core district. This fact increases the probability of pedestrian traffic to town for
work and errands.
This project is expected to generate 28 additional trips a day and 140 vehicle miles
traveled (VMT) in the non-attainment area. It is this amount of 'traffic which the
applicant must offset. Given the small amount of mitigation needed, this Department
recommends that a condition of approval be that the applicant develop a mitigation plan
approved by the Environmental Health Department prior to issuance of a building permit.
The applicant can consult with this Department for assistance.
Without additional controls, the project would be in conflict with community goals to
reduce auto traffic, congestion, and air pollution, the PM,. SIP and the land use code.
As previously stated, the major benefit of the project is the provision of employee housing
in town. While the residents of this project will not all live on the same site where they
work, and many will work at places like the School District, the AABC, etc., this still
provides an opportunity for more walking and less driving. This Department strongly
supports limiting parking requirements and long-term auto storage to further discourage
auto use. While this will not eliminate PM,.. the increase it causes will be lower than it
would if the project were located farther downvalley.
A condition of approval for this project is that the applicant must obtain the appropriate
permits from the State of Colorado for the design of the venting system of the
underground parking. This design must be evaluated by a registered professional engineer
to ensure that the system will not emit levels of pollutants above safe health standards to
2
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~.
,
the outside air. This is especially important due to the location of dwellings above the
garage.
The lack of fireplaces and woodstoves in the project is a potential benefit, although in
order to be a lasting benefit, there would need to be deed restrictions or conditions of
approval ensuring such devices would not be installed in the future. The applicant must
file a fireplace/woodstove permit with the Environmental Health Department for any gas
log sets or decorative appliances before the building permit will be issued. !
CONFORMANCE WITH OTHER ENVIRONMENTAL HEALTH LAWS:
NOISE ABATEMENT: Section 16-1 'The city council finds and declares that noise is a significant source of
environmental pollution that represents a present and.. increaSing threat to the public peace and to the health, safety and welfare of the
residents"of the City of Aspen and it its visitors. .....Accordingly, it is the policy of council to provide standards forpennissible noise
levels in various areas and manners.. and at various times and to prohibit noise in excess of those levels.tl
During construction, noise can not exceed maximum permissible sound level standards, and
construction cannot be done except between the hours of 7 a.m. and 10 p.m. I
It is very likely that noise generated during the construction phase of this project will have
some negative impact on the neighborhood. The applicant should be aware of this and
take measures to minimize the predicted high noise levels.
...DD:.IT _ENV:WP:LAND _ USE:JUAN.ST.
3
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TO:
MEMORANDUM
LESLIE LAMdNT, PLANNING
WAYNE VANDEMARK, FIRE MARSHAL
JUAN ST. AFFORDABLE HOUSING
2/2/94
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FROM:
RE:
DATE:
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WE HAVE REVIEWED THE APPLICATION SUBMITTED BY THE HOUSING
AUTHORITY. THE BUILDING SITE AREA HAS NO FIRE HYDRANT TO ASSIST IN
FIRE FIGHTING OPERATIONS. SEE APPENDIX D, A6. HYDRANT #720 IS A
LITTLE OUT OF THE WAY FOR FIRE OPERATIONS. IN WINTER IT WOULD
BECOME EvEN MORE DIFFICULT TO ACCESS.
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ASPEN/PITKIN PLANNING OFFICE
130 South Galena Street
Aspen, Colorado 81611
Phone 920-5090 FAX 920-5197
MEMORANDUM
TO:
City Engineer
Aspen Water Department
Environmental Health Department
Parks Department
Zoning Administration
Aspen Consolidated Sanitation District
Aspen Fire Protection District
Streets Department
PPRG
HPC
FROM:
Leslie Lamont, Planning Office
Juan Street Affordable Housing PUD/Subdivision, Text & Map Amendments,
Special Review, 8040 Greenline Review and GMQS Exemption
Parcel ID No. 2735-131-14-002
January 31, 1994
RE:
DATE:
Attached for your review and comments is an application submitted by the Aspen/Pitkin County
Housing Authority.
Please return your comments to me no later than February 17.
The Development Review Committee will meet to review this application on February 10
at 3:00 P.M. in the Council Chambers at City Hall.
Thank you.
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ASPEN/PITKIN PLANNING OFFICE
130 S.Galena Street
Aspen, C"lorado 81611
(303) 920-5090 FAX# (303) 920-5197
January 31, 1994
Alan Richman
Box 3613
Aspen, CO 81612
Re: Juan Street Affordable Housing PUD/Subdivision, Map and Text Amendments,
Special Review, 8040 Greenline Review and GMQS Exemption
Case A6-94
Dear Alan,
The Planning Office has completed its preliminary review of the captioned application. We
have determined that this application is complete.
We have scheduled this application for review by the Aspen Planning and Zoning Commission
at a Public Hearing to be held on Tuesday, March 1, 1994 at a meeting to begin at 4:30 p.m.
Should this date be inconvenient for you please contact me within 3 working days of the date
of this letter. After that the agenda date will be considered final and changes to the schedule
or tabling of the application will only be allowed for unavoidable technical problems. The
Friday before the meeting date, we will call to inform you that a copy of the memo pertaining
to the application is available at the Planning Office.
Please note that it is your responsibility to mail notice to property owners within 300' and to
post the subject property with a sign at least ten (10) days prior to the public hearing. Please
submit a photograph of the posted sign as proof of posting and an affidavit as proof of mailing
prior to the public hearing.
The Development Review Committee will review this application on February 10, 1994 at 3
P.M. in the Council Chambers at City Hall.
Please provide a draft subdivision plat prior to the scheduling of the application for review by
the City Council.
If you have any questions, please call Leslie Lamont, the planner assigned to your case, at 920-
5101.
Sincerely,
~f
Administrative Assistant
apz.ph
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January 28, 1994
HAND DELIVERED
Ms. Leslie Lamont, Senior PI8Ilner
AspenJPitkin County Planning Office
130 South Galena Streel
Aspen. Colorado 81611
HE: JUAN STREET AFFORDABLE HOUSING DEVEWPMENT APPLICATION
Dear Leslie,
Attached please find twenty (20) copies of the Juan Street Affordable Housing Development
Application. In addition to the reduced size copies of all drawings, which are included in
the application booklet, five (5) copies of the full scale drawings have also been provided.
A land use application fee is not being submitted for this project, since this is a 100%
affordable housing development. As such, we would also request all possible consideration
for priority scheduling of the public hearing review by the Planning and Zoning Commission,
to enable the project to get intu the ground as early in 1994 as possible.
L-
The Applicant has made every effort to provide final review level of detail in the materials
found in this application booklet. Should any reviewer determine that additional detail is
necessary, the Applicant would appreciate it if such requests could be brought to our
atlenlion as soon as the deficienl.--yis identified, allowing us torespondasq uicklyaspossible
during the review process and to avoid unnecessary delays, which could preclude the timely
occupancy of these much needed housing units. The Applicant will respond in a timely
manner to requests by any reviewing agency for additional information, or clarification of
the statements made herein.
Thank you for your considerable l15Sistance while the application was being prepared and
for your continuing attention to this project during its staff and public review stages.
Very truly yours,
ALAN RICHMAN PLANNING SERVICES
A..,.Itv\
Alan Richman, AlCP
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Form 1756
Commitment Face Page
COMMITMENT FOR TITLE INSURANCE
ISSUED BY
First American Title Insurance Company
FIRST AMERICAN TITLE INSURANCE COMPANY, herein called the Company, for valuable consideration,
hereby commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the proposed
Insured named in Schedule A, as owner or mortgagee of the estate or interest covered hereby in the land described or
referred to in Schedule A, upon payment of the premiums and charges therefor; all subject to the provisions of Schedules
A and B and to the Conditions and Stipulations hereof.
This Commitment shall be effective only when the identity of the proposed Insured and the amount of the policy
or policies committed for have been inserted in Schedule A hereof by the Company , either at the time of the issuance
of this Commitment or by subsequent indorsement.
ThisCommitment is preliminary to the issuance of such policy or policies of title. insurance and all liability and obli.
gations hereunder shall cease and terminate six (6) months after the effective date hereof or when the policy or policies
committed for shall issue, whichever first occurs, provided that the failure to issue such policy or policies is not the fauJt
of the Company. This Commitment shall not be valid or binding until countersigned by an authorized officer or agent.
IN WITNESS WHEREOF, the Company has caused this Commitment to be signed and sealed, to become valid when
countersigned by an authorized officer or agent of the Company, all in accordance with its By-Laws. This Commitment
is effective as of the date shown in Schedule A as "Effective Date."
First American Title Insurance Company
8yr?~x1~
PRESIDENT
ATTEST III M1 J( ~
SECRETARY
BY
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COUNTERSIGNED
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COMMITMENT
SamooLE A
DAVE TOLEN
ASPEN/PITKIN CXXJNl'Y HOOSII'G AUl'HORITY
530 EAST MAIN S'I'REE:l'
ASPEN CO 81611
1. Effective Date: January 10, 1994 at 7:00 AM
PL/te
Order No. 403344 -C
U1staner Reference ASPEN/PITKI
.l\nr:xmt: $
2. ALTA Owner's Policy
~ Insured:
TO BE DEiI'ERMINED
3. ALTA Loan Policies
Proposed Insured:
.l\nr:xmt: $
Proposed Insured:
.l\nr:xmt: $
4. The estate or interest in the land des=ibed or referred to in this Ccmni.1:IIEnt and
covered herein is:
FEE SIMPLE
and titlethere1:o is at the effective date hereof vested in:
ASPEN/PITKIN CXXJNl'Y HOOSIN3 AUTHORITY, a multi-jurisdictional housing authority
Owner's PremilH1l: $
lender's PremilH1l: $
Add'l lender Olg: $
Add'l Charges: $
Tax Certificate: $ 10.00
Endorsenent Olg: $
TED Charges: $ 138.00
TOTlIL OIARGES: $ 148.00
issued by:
Aspen Title Corp::>ration
600 E. Hopkins Avenue, #102
ASPEN CO 81611
FAX (303) 920-4052
(303) 920-4050 Denver 595-8463
FIRST AMERICAN TITLE INSURANCE CXl-1PANY
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COMMITMENT
SOIEOOLE A (cx:.ntinued)
Plat id No. U/2
Order No. 403344 -C
5. '!be land referred to in the Camu:tnEnt is =vering the land in the State of
Colorado, County of Pitkin, described as follCMS:
Lots 3, 4, 5 & 6,
Bl=k 11,
EI\MES ADDITION TO THE CITY AND TCWNSITE OF ASPEN
FIRST AMERICAN TITLE INSURAN::E CCMPANY
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COMMITMENT
SCHEOOLE B
Order No. 403344 -C
Section 1
REWlREMENI'S
THE FOJ:.LCM:NG ARE THE REWlREMENI'S TO BE cn!PLIED Wl'IH:
Item (a) Paynent to or for the =t of the grantors or rrortgagors of the full
=nsideration for the estate or interest to be insured.
Item (b) Proper iIlstrument(s) creating the estate or interest to be insured must be
executed and duly filed for record, to wit:
1. Deed fran ASPEN/PITKIN CXXJNTY HOOSlN; AUTHORITY to A BUYER 'IO BE DEl'ERMINED.
OOTE: Duly executed real property transfer declaration, executed by either
the Grantor or Grantee, to aa:x:xnp.:my the Deed rrentioned above, pursuant to
Article 14 of House Bill Nb. 1288 - CRA 39-14-102.
A CERrIFICATE OF TAXES DUE LISTIN:> EACH TAXlN; JURISDIcrION SHALL BE OBl'AINED
FRCM THE CXXJNTY TREASURER OR THE CXXJNTY TREASURER'S AUlliORIZED AGENT FURSUANT
'IO 1983 C.R.S., 39-1-102 (14.5) AT A mARGE OF $10.00 EACH 'IO THE aJS'KMER.
THE cc:MPANY RESERVES THE RIGHT 'IO CXlNrXX::I' AN ADDITIONAL SEARCH OF THE REXXlRDS
IN THE OFFICE OF THE CLERK AND REXXlRDER FOR PITKIN CXXJNTY, cx)IDRAOO FOR
JlJIXMENT LIENS, TAX LIENS OR 0l'HER SIMIIAR OR DISSIMIIAR INVOWNl'ARY MATTERS
AFFECl'IN:; THE GRANTEE OR GRANl'EES, AND 'IO MAKE SUCH ADDITIONAL RmJIREMENTS
AS IT DEEMS NECESSARY, AFTER THE IDENTITY OF THE GRANTEE OR GRANl'EES HAS BEEN
DISClffiED 'IO THE cc:MPANY.
OOTE: THIS CXM1I'IMENT IS ISSUED UPON THE EXPRESS AGREEMENT AND UNDERSTANDIN:>
THAT THE APPLICABLE PREMIUMS, CHARGES AND FEES SHALL BE PAID BY THE APPLICANT
IF THE APPLICANT AND/OR ITS DESIGNEE OR N::MINEE CffiSES THE TRANSACl'ION
cx)Nl'EMPIATED BY OR Ol'HERWISE RELIES UPON THE CXM1I'IMENT, ALL IN ACCORDAN:::E
WITH THE RULES AND SCHEOOLES OF RATES ON FILE WITH THE cx)IDRAOO DEPAR'IMENT OF
INSURANCE .
FIRST AMERICAN TITLE INSURANCE cc:MPANY
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COMMITMENT
SCHEIXJLE B
Section 2
EXCEPl'IOOS
Order No. 403344 -C
'!be policy = policies to be issued will contain exceptions to the following matters
tmless the same are disposed of to the, satisfaction of the CaIIlany:
Any loss or damage, including attorney fees, by reason of the matters shoNn belCM:
1. Any facts, rights, interests, or claims which are not shoNn by the public reaords
but which =u1d ascertained by an inspection of said land or by making inquiry of
persons in possession thereof.
2. Easenents or claims of easerrents, not shoNn by the public reaords.
3. Discrepancies, a:>n:Elicts in boundary lines, shortage in area, erx::roac:hments, and
any other facts which a correct survey would disclose and which are not shoNn by
the public records.
4. Any lien, or right to a lien for services, labor or material heretofore or hereafter
fumished, imposed by law and not shoNn by the public records.
5. Defects, liens, encumbrances, adverse claims or other matters, if any, created,
first appearing in the public records or attaching subsequent to the effective date
hereof, but prior to the date the proposed insured acquires of record for value the
estate or interest or nortgage thereon =vered by this Ccmni:tnent.
6. Taxes due and payable; and any tax, special assessrrents, charge or lien imposed
for water or sewer service, or for any other special t:ax:ir:g district.
7. Unpatented mining claims; reservations or exceptions in patents or in Acts
authorizing, the issuance thereof; water rights, claims or title to water.
8. Right of the Proprietor of a Vein or Lode to extract and renove his ore therefran,
should the same be found to penetrate or intersect the premises hereby granted, as
resexved in United States Patent recorded August 26, 1949, in Book 175 at Page
298.
9. An undivided 100% interest in all oil, gas and other mineral rights, as resexved by
Henry Milsen in the Deed to Alice Schroeder recorded August 13, 1891, in Book 93 at
Page 241, and any and all assignments thereof or interests therein.
10. Fence erx::roac:hments as evidencEd by Survey by Aspen Survey Engineers dated June 29,
1990, at Job N::l. 20169.
11. Purchase Option Agreenent between. The Aspen/Pitkin County Housing Authority and
Frances Austin recorded September 12, 1990 in Book 629 at Page 391.
(Continued)
FIRST AMERICAN TITLE INSURAN::E cx:MPANY
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EXCEPTIONS (continued)
Order No. 403344 -C
12. AIry and all unredeemad tax sales.
NJTE: Upon receipt of a Certificate of Taxes Due evidencing that there are no
existing open tax sales, the above exception will not appear on the policies to
be issued hereunder.
FIRST AMERICAN TITLE INSURAN:E CCMPANY
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NOTICE TO PROSPECTIVE BUYERS
OF SINGLE FAMILY RESIDENCES
(PURSUANT TO INSURANCE REGULATION 89-2)
A. "GAP" PROTECTION
When Lawyers Title Insurance Corporation or its authorized agent, (hereinafter referred to as "Company"), is
responsible for recording or filing the legal documents creating the estate or interestto be insured in a single family
residence and for disbursing funds necessary to complete the transaction, the Company shall be responsible for
any deeds, mortgages, lis-pendens, liens or other title encumbrances which first appear in the public records
subsequent to the Effective Date of the Commitment but prior to the Effective Date of the Policy, provided the
following conditions are satisfied prior to the Company's disbursement of the funds:
1. Properly executed documents creating the estate or interest are in the possession of the Company.
2. A fuily executed Affidavit and Indemnity form signed by the seller and satisfactory to the Company is in the
possession of the Company.
No Coverage will be afforded against deeds, mortgages, lis-pendens, liens or other title encumbrances
actually known to the proposed insured prior to or at the time of recordation of the documents.
Public Records as used herein means those records established under state statutes for the purpose of
imparting constructive notice of deeds, mortgages, lis-pendens, liens or other title encumbrances to purchasers
for value and without knowledge.
B. MECHANICS' LIEN PROTECTION
If you are a buyer of a single family residence. you may request coverage against loss because of
unrecorded claims asserted by construction, labor or material suppliers against your home.
If no construction, improvements or major repairs have been undertaken on the property to be purchased
within six months prior to the Date of the Commitment, the requirements to obtain coverage for unrecorded liens
will be payment of the appropriate premium and the execution by the seller of an Affidavit and Indemnity form
satisfactory to the Company.
Ifthere have been construction, improvements or major repairs undertaken on the property to be purchased,
within six months prior to the Date of the Commitment, the requirements to obtain coverage for unrecorded liens
will include: disclosure of certain construction information; financial information as to the seller, the builder and/or
the contractor; payment of the appropriate premium; fully executed Indemnity Agreements satisfactory to the
Company; and, any additional requirements as may be necessary after an examination of the aforesaid
information by the Company.
No coverage will be given under any circumstances for labor or material for which you have contracted or
agreed to pay.
NOTHING HEREIN CONTAINED WILL BE DEEMED TO OBLIGATE THE COMPANY TO PROVIDE ANY OF
THE COVERAGES REFERRED TO HEREIN UNLESS THE ABOVE CONDITIONS ARE FULLY SATISFIED.
Lawyers Title Insurance Corporation
Colorado
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DISCLOSURE STATEMENT REQUIRED BY
COLORADO REVISED STATUTES
910-11.122
Colorado Revised Statutes 91 0-11-122 requires that "every title insurance agent or title insurance company shall
provide, along with each title commitment issued, a statement disclosing the following information:
(al , That the subject real property may be located in a special taxing district;
(b) That a certificate of taxes due listing each taxing jurisdiction may be obtained from the
county treasurer or the county treasurer's authorized agent;
(c) That information regarding special districts and the boundaries of such districts may be
obtained from the Board of County Commissioners, the County Clerk and Recorder or the
County Assessor." -'''/ '