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Home My WebLink AboutLand Use Case.523 Walnut St.0002.2009.ASLUr t .~~. 523 WALNUT ST 0002.2009.ASLU / FOX CROSSING VARIANCE REQUEST 0717 07 3 92-Qum. 5444 ED 41 9 ...9 &. THE CITY OF ASPEN City of Aspen Community Development Department CASE NUMBER 0002.2009.ASLU PARCEL ID NUMBER 2737 07 3 92 001 PROJECTS ADDRESS 523 WALNUT STREET PLANNER ANDERA HINGLEY CASE DESCRIPTION FOX CROSSING SUBDIVISION REPRESENTATIVE PATRICK RAWLEY DATE OF FINAL ACTION 1/17/2009 CLOSED BY Angela Scorey on 03/17/2009 ~ArC-Â·eÂ·~l *- 2731-0 7-8 92-0 U cool '200 9,*61-01 4- "r,+ 1, -L-- >-*. Â»ze--=1':L.U=44/".,=t.=ax>.4=='b,'.U.,A,-rhi'/'M,Wrv< Eile Edit Record Navigate Fgrm Reports Format Iab Help gu -3 9. N 1 2 4 E *1 1 * 016 10*]141@ .0 ..90 7 9.4 _~-Main~ galuation I Custom Fields lActions |Fees |Parcels |Fee Summary |Sub Bermits |Attachments |Routing Status | Routing 1 I Permit Type ~aslu _L]Aspen Land Use Permit # ~0002.2009.ASLU Address |523 WALNUT ST -3 Apt/Suite | City |ASPEN State ~CO .~1| Zip ~81611 ~1 Permit Information Master Permit ~ _1| Routing Queue ~aslu07 Applied ~01/08/2009 -~ Project | Â£] status |pending Approved | j Description FOX CROSSING SUBDIVISION, LOT 11 RESIDENCE Q VARIANCE REQUEST Issued | 1 Final | U A 'J .l Submitted ~PATRICK RAWLEY 925 2323 Clock |Running Days E-6- Expires ~01/03/2010 ~ ~ Owner Last Name ~FOX CROSSING PARTNERS, _..~ First Name ~ 601 E HOPKIN5 AVE ASPEN CO 81611 Phone ~(970) 544-0045 2~l F Owner Is Applicant? 4. hila Applicant 93 Last Name 2 Â¢2,1â‚¬~il:j,J.16,>.Xmlh Z| First Name | Phone ~ Cust # ~26266 40 Lender - last Name ~ -~ First Name ~ 6 â‚¬ Phone| Permit lenders full address F AsperGold[bl ~ ' Record: 1 of 1 Ck *= 1 2- 0 1/ \ 19 (oÂ¥ Â¥Â» 3135Â· CD 04- kÂ»u+0,~ )62 h 02 9-Â£ a.4V W- 1500% /0 rts. ~Moq|ool| ["Sdnojg qell C j 9 i I 4- .-.r. , Patrick Rawley From: Stan Clauson Sent: Monday, January 05,2009 3:06 PM To: Patrick Rawley Subject: FW: Fox Crossing Lot 11, House Q Variance Request RECEIVED JAN 0 7 2009 Stan Clauson, AICP, ASLA L;I Pr OF Ac:>PEN '04*NITy-DE-VELOPMENT STAN CLAUSON ASSOCIATES INC landscape architecture . planning . resort design 412 N. Mill Street Aspen, Colorado 81611 t. 970/925.2323 f. 970/920.1628 stan@scaplanning.com www.scaplanning.com * Please consider the environment before printing this email. From: Jennifer Phelan [mailto:Jennifer.Phelan@ci.aspen.co.us] Sent: 31 December 2008 1:22 PM To: Stan Clauson Subject: RE: Fox Crossing Lot 11, House Q Variance Request Stan: If you include my email it will suffice as a pre-app. Besides the fee amount, could you include a land use application? The front desk uses the application form to input information into our data system. One of my goals for 2009 is to provide better information and tracking of information to whomever needs it. We have purchased a software system that links laserfiche documents to individual parcels for easier research. With an actual case file on your request, I anticipate being able to click on the subject parcel in GIS and have the application and associated approvals come up. Eventually, I want to have a user station available on this floor. Sorry about the formality but I think we will be able to trackthings better overtime. Thanks. Jerutifir PhaZat'L; AICP Deputy Director Community Development Department City of Aspen 130 S. Galena Street - Aspen, CO 81611 PIt 970.429.2759 FAX: 970.920.5439 www.aspenpitkin.com From: Stan Clauson [mailto:stan@scaplanning.com] Sent: Wednesday, December 31, 2008 11:32 AM To: Jennifer Phelan Cc: harris a. cahn; Rick Crandall Subject: RE: Fox Crossing Lot 11, House Q Variance Request Jen- This used to be handled more informally, but I'm happy to comply. Do I need a pre-app? Would the letter request I submitted be sufficient if accompanied by a check? Thanks, 1 RECEIVED JAN 0 7 2009 ATTACHMENT 2 -LAND USE APPLICATION PROJECT: .,1 f Â¥ OF ASPEN OMMUNI i D[V[LOPM[N7 Name: Fox Crossing Subdivision, Lot 11, Residence Q Location: 0523 Walnut Street, Aspen, CO 81611 (Indicate street address, lot & block number, legal description where appropriate) Parcel ID # (REQUIRED) 273707392011 APPLICANT: Name: Fox Crossing Partners LLC 601 E. Hopkins, Suite 202, Aspen, CO 81611 Address: 970-544-0045 Phone #: REPRESENTATIVE: Name: Stan Clauson Associates, Inc. 412 N. Mill Street, Aspen, CO 81611 Address: 970-925-2323 Phone #: TYPE OF APPLICATION: (please check all that apply): GMQS Exemption E1 Conceptual PUD U Temporary Use GMQS Allotment ~1 Final PUD (& PUD Amendment) U Text/Map Amendment Special Review U Subdivision 3 Conceptual SPA ESA - 8040 Greenline, Stream U Subdivision Exemption (includes ~ Final SPA (& SPA Margin, Hallam Lake Bluff, condominiumization) Amendment) Mountain View Plane U Commercial Design Review U Lot Split El Small Lodge Conversion/ Expansion 91 Residential Design Variance U Lot Line Adjustment [3 Other: U Conditional Use EXISTING CONDITIONS: (description ofexisting buildings, uses, previous approvals, etc.) Lot 11 is a vacant lot. Amendment to Fox Crossing Subdivision Residential Design Standards Variance request, 9/30/05 PROPOSAL: (description of proposed buildings, uses, modifications, etc.) A variance to permit the building orientation to be orthogonal to adjacent side yard and not parallel to Lone Pine Rd. Have you attached the following? FEES DtJE: $735.00 Â® Pre-Application Conference Summary U Attachment # 1, Signed Fee Agreement U Response to Attachment #3, Dimensional Requirements Form U Response to Attachment #4, Submittal Requirements- Including Written Responses to Review Standards U 3-D Model for large project All plans that are larger than 8.5" X 11" must be folded. A disk with an electric copy of all written text (Microsoft Word Format) must be submitted as part of the application. Large scale projects should include an electronic 3-D model. Your pre-application conference summary will indicate if you must submit a 3-D model. u El El El PUBLIC NOTICE Of DEVELOPMENT APPROVAL Notice is hereby given to the general public o f the approval of a site specific development plan, and the creation of a vested property right pursuant to the Land Use Code of the City of Aspen and Title 24, Article 68, Colorado Revised Statutes, pertaining to the following described property: 532 Walnut Street, also known as Fox Crossing, by the order of the Community Development Director on January 29,2009 the applicant received approvals a variance to the Residential Design Standard for the building orientation. For further information contact Andrea Hingley, at the City of Aspen Community Development Dept. 130 S. Galena St, Aspen, Colorado (970) 429-2797. s/ City of Aspen Publish in The Aspen Times on February 0,2009 .3 I ./ â€¢ a~geâ€¢ ./. râ€¢â€¢ ..trn., rz-â€¢es. I.r. I. raâ€¢, ./ m. Ocrnalco 2â‚¬3157 - 1 ark,WAN 1 0/t-9/JIC , 09 010-Er . 1/AXW,190411 NG,Ey ON]SSÂ©D >Di #Mi k le 1, InNWAA EUO 11131 3 n 1 Allc.BJJ'.'..AU'â€¢41, 2 I S1331IHONÂ¥ 31:liNNrID 9313Â¥HD b 3SAOH 'U 101 1 9/Elia 9 1 Â£= -----,4 C-J / C_ 4 - --- L - //tb 5-1: 1 1 ' iii J 11 ini u 11 9 t:>3-a~. I 1 ~ ~~~ l.1-h FO--ri-1~~ ~~~ '7.n# i ad I {840 0 '*14'80 L i# 1 lie E- lt ! : 5% W 1% m J ------901Â« ESlEER---- LONE PINE 43Ndo..9,1 .~.' 97#00 F. 7 t.,0 .. 1%14â€¢ 1Â£ 1 -! IC'j m JUSE, V , ..3â‚¬p-, Ut ; .. 4 A 9 f #t Â·, Ahz'rÂ· 4-274 /9 # 84' 64 4* 444 *74,Â¥ 47 ~ NY-Id B.US O BEAOH 4 101 ~ 3) ..00=09,11 91,571 10- -0 .,n.K -I'll-- ......\ \ r-~ mi mi 234% B ,?41 4 \ .a . M..7 4 . 4 Q TO 1.. I >aae D r .13 0. .0 34.> 21~ 17< 91 60. , fit f i .3 1 \U:z= AFC@111$11.-M li / fr \ \E L Il_ 31 1 19 I..,.49 \\ 1 -8 ' (Vit _i 1 1 \ la 10.1 f i U 14 R 1 4 \ t\ i / i 7.- - 1\ *5 2 \â‚¬ \ E.Ell .1.1 50 0 L [1 -\11 ~1 9 51 \, / 1 ~ 3 ~ K.]IrÂ®11 25 &! i 1 z : - u f., \ UL/ 32*. 7- 0 -1.F i C Â»34\- 9 W \61 i 1 5 4 E \\ X 4// O.U=NI... \ Al â€žJ,1 .W 111â€¢ I'lloGI(6$16 ..: 1~001/5 n.. 'IM/* ..Og,011 11â„¢,11... m.. A IN,to. m:4 - 0 ~ LOT 11 HOUSE Q SFTE PLAN FFi â€¢Â«cr I. 9. f.0. U Al,1 O..../...... 31IHONÂ¥ 31 Gy,erna f./Flf. 2~ 71 V a ' < STAN CLAUSON ASSOCIATES ING t.x-<32-36â‚¬ landscape architecture.planning,resort design RECE#t,~2'4a ~~ 412 North Mil[ Street Aspen, Colorado 81611 t. 970/925-2323 f. 970/920-1628 C IX>2<* info@scaptanning.com www.scaplanning.com -2.1&2* 24 December 2008 JAN A & meE Â·-=U=M~~kl V f 2009 Mr. Chris Bendon, AICP 31 rÂ¥ OF ASPEN Community Development Director .OMMUNITY DEVELOPMER City of Aspen 130 S. Galena Street Aspen, CO 81611 Re: Fox Crossing Subdivision, Lot 11, Residence Q Dear Chris: On behalf of our client Fox Crossing Partners LLC, we are submitting an amendment to the Fox Crossing Subdivision Residential Design Standards Variance request, as approved on 30 September 2005. No variances for Lot 11, Residence Q were given with lhe original approval granted on 30 September 2005. We are requesting a variance for the Fox Crossing Subdivision to permit the building orientation as shown on the attached plan. A variance is requested from the Residential Design Standards per Chapter 26.410.040. A (1) in the City of Aspen Land Use Code for "Building Orientation." The proposed Residence Q on Lot 11 orients orthogonally with adjacent side yard lot lines. but is not oriented parallel to Lone Pine Road. A number of factors influenced this design decision. These included the need to locate a driveway entrance from Walnut Avenue Extended rather than Lone Pine Road. Poor sightlines would have precluded locating a driveway entrance along this curving section of the Lone Pine roadway. Moreover, the rear lot line follows the curvature of he old Midland Railroad right-of-way. In this unusual context the side lot lines are oriented orthogonally and the Lone Pine road fagade of the structure does step back in a manner that acknowledges the primary roadway. In sum, we believe this administrative variance may be granted without any derogation to the neighborhood or the Residential Design Standards. For these reasons, the applicant requests approval to orient the structure orthogonally with the northerly side yard line. If you concur, please sign below to approve this vanance request. Please let me know if I can provide any additional information. Very truly yours. Stan Ciauson, AICP. ASLA STAN CLAUSON ASSOCIATES, Inc. Attachment: Site Plan for House Q, Lot 11 11-ilk. APPROVED BY: Chris Bendon Date Community Development Director EXHIBIT A: The variances as outlined in the application. 3 1.2.Per j -~12 ~~ Mr, Chris Bendon, AICP ~ - Re: Fox Crossing Subdivision. Lot 11, House S RECEIVED 24 December 2008 1 - Page 2 4, ..\\\09 JAN 0 7 2009 L 2,~ ..624.>t CITY OF ASPEN â‚¬25.Ill ~~~*-*Â£~ IOMMUNITY DEVELOPMENI APPROVED by the Community Development Director: Chris Bendon, AICP Date RECE/VED JAN 0 7 2009 CITY OF ASPEN :OMMUNITY DEVELOBMENT consolidate other requisite land use reviews by the Historic Preservation Commission, the Board of Adjustment or the Planning and Zoning Commission ( may elect to have the variance application decided by the board or commission reviewing the other land use application. An applicant who desires a variance from the Residential Design Standards shall demonstrate, and the deciding board shall find that the variance, if granted, would: a. Provide an appropriate design or pattern of development considering the context in which the development is proposed and the purpose of the particular standard. In evaluating the context as it is used in the criteria, the reviewing board may consider the relationship of the proposed development with adjacent structures, the immediate neighborhood setting, or a broader vicinity as the board feels is necessary to determine if the exception is warranted; or, b. Be clearly necessary for reasons of fairness related to unusual site-specific constraints. (Ord. No. 20 -2005, Ord. 52-2003, Â§5) 26.410.030 Administrative checklist. The Director of Community Development shall create a checklist for use by applicants and community development staff in identifying the approvals and reviews necessary for ( issuance of a development order for an application that is consistent with the Residential Design Standards. 26.410.040 Residential design standards. A. _SITE DESIGN. The intent of these design standards is to encourage residential buildings that address the street in a manner which creates a consistent "faâ„¢le line" and defines the public and semi-public realms. In addition, where fences or dense landscaping exist, or are proposed, it is intended that they be used to define the boundaries of private property without eliminating the visibility of the house and front yard from the street. 1. Building orientation. The front facades of all principal structures shall be parallel to the street. On corner lots, both street facing facades must be parallel to the intersecting streets. On curvilinear streets, the front facade of all structures shall be parallel to the tangent of the Y". midpoint of the are of the street. Parcels as outlined in Yes.~X~,/ Section 26.410.010(B)(4) shall be exempt from this requirement. h City of Aspen Land Use Code. June, 2005. Part 400, Page 8 '. /.,. Rece/40 C 7/ JAN 0 7 f DEâ‚¬J:64 M#614 3141.1 BNO-1 -- ----ENG:NK ni ni 0 22434.----- r 81 4 2 21 ad 3: IL '41 /1// Lii - 1 1 ==11 h 1 1&==~11 - /9 -~1101'-----1-9--D *i 1-24'CED' Of.?1~ 11 Im m 4 ' '11 / . ----% -a 1 9 4 ----- C / h <1 1 1\ e 3% 4 el 1 k 1 :flitill LOT 11, HOUSE Q CHARLES CUNNIFFE ARCHITECTS www.cunniff.am i P---3- 9 0523 WALNUT ST. 8. O/9/22 9 01%44 FOX CROSSING ASPEN I OSI FUL,>4 At ' AS,9400 00 1 15.2 %*siN ' DI /**le ASPEN, COLORADO - M/11 19,5=11 919,-1, ir,114[0 -8, â€¢ mur,J-' ~1Â·~',-m, Nyld MUS 0 3SAOH LL 1Ill 111 1 111. Ill Il l ili[111111111 Ill'-1 06/20/2005 09 05fi 511408 Page: 1 of 16 S. Lk.A DAVIS FI WIN COUNrY CO R 81.00 D 0.00 ORDINANCE N0.50 (SERIES OF 2004) AN ORDINANCE OF THE C]TY OF ASPEN CITY COUNCIL APPROVING TIIREE GROWTH MANAGEMENV QUOTA SYSTEM EXEMPTIONS, VACATION OF A PORTION OF RACE STREET, AND A FOURTEEN LOT SUBDIVISION TO BE KNOWN AS THE FOX CROSSING SUBDIVISION ON LAND LOCATED BETWEEN LONE PINE ROAD AND RACE ALLEY BETWEEN WALNUT STREET AND RACE STREET, 557 RACE ALLEY AND VICINITY, CITY OF ASPEN, PITKIN COUNTY, COLORADO. Parcel ID: Griffith Lot #1 - 2737.073.91.001 Griffith Lot #2 - 2737.073.91.002 Railroad Parcel - 2737.073.00.020 North Cabin plus Historic House - 2737.073.00.021 & 2737.073.00.022 South Cabin plus New House - 2737.073.00.023 & 2737.073.00.024 Vacated Walnut Street - 2737.073.00.026 Bennis Property - 273707300045 Garage Parcel - 2737.073.03.030 WHEREAS, the Community Development Department received an application from Walnut Properties, 1,1.C, represented by Stan Clauson and Associates, requesting approval of a Subdivision. including Lot Split approvals and Lot Line Adjustment approvals. Growth Management Quota SystemdWMOS) lixemptions. and amendments to the City of Aspen Land Use Code for a fourtpen lot subdivision, one lot proposed as a park and thirteen lots for development, situated between I.one Pine Road and Race Alley and between Walnut Street and Race Street, as depicted in attachment A; and, WHEREAS, the Community Development 1)epartment received referral comments from the Aspen Consolidated Sanitation District. City Engineering, City Parks, Building Department, Fire District, and the Water I)epartment as a result of the Development Review Committee ineeting. ancl. WHEREAS, said referral agencies and the Aspen Community Development Department reviewed tile application and recommended approval with a series of conditions; and, WHEREAS, pursuant to Section 26.470 (Growth Management Quota System Exemptions) and Section 26.480 (Subdivision) approval may be granted by the City Council at a duly noticed public hearing after considering recommendations by the Planning and Zoning Commission. the Community Development Director, and relevant referral agencies: and WHEREAS, the Planning and Zoning Commission found that the development review standards for Growth Management..Quota System (GMQS) Exemptions, Ordinance No. 50, , , Â· 4 Series of 2004 Page 1 511408 1 fill lili- Ill f ill-lilli lilli lilill I Page: 2 of 16 06/20/2005 09:05â‚¬ SILLIA CAVIS PITKIN COL TÂ¥ CD R 81.00 D 0.00 Subdivision approval, have been met, as long as certain conditions. as listed hereinafter, are implemented; and, WHEREAS, during a regular meeting on October 12, 2004, and continued to November 2.2004. and continued to November 16,2004, and continued to November 30, 2004, and continued to December 7.2004, the Planning and Zoning Commission opened a duly noticed public hearing to consider the project and recommended City Council approve the Growth Management Quota System (GMQS) Exemptions. Subdivision, (and associated amendments to the I.and Use Code) by a five to zero (5-0) vote, with the findings and conditions listed hereinafteÂ¢ and. WHEREAS, the Aspen City Council has reviewed and considered the application according to the applicable provisions of the Municipal Code as identified herein, has reviewed and considered the recommendation of the Community 1)evelopment Director, the Planning and Zoning Commission, the Traffic Safety Advisory Committee and has taken and considered public comment at a public hearing: and. WHEREAS, the City Council finds the application meeting or exceeding all applicable standards of the land use code of the City of Aspen Municipal Code and that the approval of the proposal is consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS, the City Council finds that this Ordinance furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO as follows: Section 1: Subdivision Approval The Fox Crossing Subdivision shall consist of the following lots: Fox Crossing Lot #1 Lot size = 10.331 sf Fox Crossing Lot #2 Lot size = 7.510 sf Fox Crossing Lot #3 Lot size = 6,010sf Fox Crossing Lot #4 Lot size = 6,010 sf Fox Crossing Lot #5 Lot size = 6,016 st- Fox Crossing Lot #6 Lot size =6868 sf Fox Crossing Lot #7 I,ot size = 6.007 sf Fox Crossing Lot #8 Lot size = 6,749 sf Fox Crossing Lot #9 Lot size = 6,945 sf Fox Crossing Lot #10 1.otsize= 11,63 1 sf Fox Crossing Park Parcel 1.ot size -= 9,044 sf Ordinance No. 50, Series of 2004. Page 2 , 0, , 2 J ~ 511408 11-lilli lili- Ill Ill lili--lilli lilli lili i 06/20/2005 09-05A r Page, 3 of 16 r SILVIA DALIS PI EKIN COL...TY _) R 81.00 D 0.00 . "Â·1 Fox Crossing Lot #11 (a.k.a. Griffith #1) Lot size = 9,849 sf Fox Crossing Lot #12 (a.k.a. Griffith #2) Lot size = 7,500 sf Fox Crossing Lot#13 (a. k.a. Griffith #3) I,ot size= 15.065 sf These lot sizes may vary slightly and the final subdivision plat shall prevail upon discrepancy. The lot designation shall be changed for the final plat to designate "Griffith" Lots 1.2. and 3 as "Fox Crossing" Lot 11,12. and 13. respectively. The allowable Floor Area for each parcel shall be pursuant to the R6 Zone District regulations, the Lot Area of each parcel. bonus floor area granted by the Historic Preservation Commission, and the proposed use. The Park Parcel shall have no development right other than for open space/park use. Fox Crossing Lots #5, #6. and the Park Parcel shall be designated Ilistoric Landmark properties and subject to development review regulations of' Section 26.415 of the City of Aspen Land Use Code. Fox Crossing 1.ots #1. #2, #10, #11, #12. and #13 may receive tip to two City of Aspen Historic IDI< floor area bonuses per residence, pursuant to an amendment to the Land Use Code adopted pursuant to Ordinance 48, Series of 2004. Fox Crossing Lots #5 and #6 are Historic Landmark properties and shall not be eligible for receiving TDRs. All other parcels shall be limited to one Historic TDR floor area bonus per residence. The maximum number of Historic TDRs which may be landed within the Fox Crossing Subdivision shall be limited to the total number of non-historic residences within the subdivision. Six (6) of the l,ots shall be required to provide one additional parking space than otherwise required pursuant to the City's Land Use Code (minimum plus one spaces) These lots shall be specified in the Subdivision Improvement Agreement. All other lots shall be required to meet the minimum parking requirement. Section 2: Preservation of Hunter Valley Way Parcel Pursuant to the procedures for exempting development from the scoring and competition procedures of the Growth Management Quora System, Section 26.470.070 of the City of Aspen Land Use Code, and pursuant to an amendment to the Land Use Code adopted pursuant to Ordinance 48, Series of 2004. City Council hereby grants three (3) development rights to be landed within the Fox Crossing Subdivision in exchange for the preservation o f the I Iunter Valley Way parcel, as described in the Fox Crossing Subdivision application. with the following conditions: 1. Clear title to the Hunter Valley Way property shall be facilitated by the applicant and reviewed by the City Attorney. d 2. Title to the Hunter Valley Way property shall be conveyed to the City of Aspen upon filing of the Subdivision Plat. 3. Prior to conveyance the Hunter Valley Way property shall be legally encumbered in a form acceptable to the City of Aspen that sterilizes the parcel and precludes Ordinance No 50, Series of 2004. Page 3 511408 l il li- 1111 111111 lill i ll 11 1 06/20/2005 09:05A Page: 4 of 16 SILVIA C ViS FITKIN __L. TY _) R 81.00 0 0.00 development, other than that associated with the maintenance of open space and trails and the development of new trails. from occurring on the property in perpetuity. 4. There shall be conveyed an open space easement on the parcel to the Aspen Valley Land Trust or similar third party acceptable to the City of Aspen. 5. The three (3) additional residential units within the Fox Crossing Subdivision sha[1 be required to provide affordable housing mitigation, pursuant to the requirements of Sectiof 26.370.070.13, 6. The Hunter Valley Way parcel shall he sterilized to prevent developlientubonthf- parcel and as a result of the parcel. other than that specified herein. if Pitkin County issues transferable development rights for the sterilization of this parcel, the City of Aspen development:rights issued pursuant to this Ordinance shall be considered null and void, Section 3: Growth Management Exemptions Required for Affordable Housing Replacement of existing residential units requires an exemption from Growth Management, pursuant to Section 26.470.070.B. unless the lot on which the residence is proposed is a Historic Landmark (1.ots 5 and 6). The parcels granted an exemption from growth management by virtue of preserving the I lunter Valley Way open space parcel shall also be required to obtain this additional exemption. The following proposed lots shall require affordable housing mitigation, pursuant to section 26.470.070,B: Fox Crossing Lots 1,2,3,4,7,8.9. 10,12. and 13. No lots within the Fox Crossing Subdivision shall be permitted to provide affordable housing mitigation in the form of Accessory Dwelling Units. Fox Crossing Lot #11 shall not be required to provide affordable housing mitigation, pursuant to former approvals which created the lot. Proposed I.ots 7 and 10 contain existing residences and the current floor area shall be applied as a credit towards the mitigation requirement. The mitigation credit for the existing residences on Lots 7 and 10 may be reallocated to other lots within the Fox Crossing subdivisions pursuant to a letter of understanding with the City of Aspen Zoning Officer to be completed prior to the demolition of the residence on Lot 7 or 10. Section 4: Impact Fees Park Impact Fees shall be assessed based upon the following schedule. Studio residential units $1.520 per unit one-bedroom units $2,120 per unit two-bedroom units $2,725 per unit three-bedroom or larger unit $3.634 per unit 111 recognition of capital improvements to the Citys park and recreation system constructed by the applicant. the City Parks and Recreation Department may reduce this fee commensurate with the costs of those improvements. Ordinance No. 50, Series of 2004. Page 4 i : . It 1 ,!i , lili lili 1111111 lili 111111111111111 lill i 06/20/2005 09.051 511408 Page 5 of 16 S.LkÂ·A DAF:S Fi IK IN COL .1 CO R 31.00 D 0.00 School Land Dedication Fees are assessed based on one-third the value of the unimproved land divided by the proposed number of residential units on a per acre basis. The City of Aspen verifies the unimproved land value of the lands underlying the Project to be $3,621 777 per acre from recent transactions and information from the Pitkin County Assessor. One-third of this value divided by the proposed 11 new units results in a $109.750 per acre standard for calculating the impact fee. The subject subdivision is not conducive to locating a school facility and a cash-in-lieu payment shall be accepted. School 1.and Dedication Fees are not required for replacement dwellings and shall not be assessed to development on the following lots:i. Fox Crossing Lots 5, 6, 7, and 10. Development of each of the remaining lots of the Fox Crossing Subdivision shall require payment of School Land Dedication Fees according to the following schedule, payable at building permit issuance: Ilouse size 1/3 land Land Per unit Fee value per Dedication unit per acre standard (acres) One bedroom $1()9,750 .0012 $132 I wo Bedroom $109,750 .0095 $1,043 ihree $109,750 .0162 $1,778 Bedroom Four Bedroom $109,75() .0248 $2,722 Five or more $ 109.750 .0284 $3,117 Bedrooms Amendments to the project shall include an adjustment to this fee according to the above calculation methodology. - Section 5: Water Department Standards , r The applicant shall comply with the City of Aspen Water System Standards, with Title 25, and with applicable standards of Municip'W! Code Title 8 (Water Conservation and Plumbing Advisory Code) of the Aspen Municipal Code, as required by the City of Aspen Water Department. Section 6: Sanitation District Standards The applicant shall comply with the following Aspen Consolidated Sanitation District rules and regulations. 1. Service is contingent upon compliance with the Districts rules, regulations, and specifications. which are on file at the 1)istrict office at the time of construction. 2. All clear water connections are prohibited, i.e. ground water, (roof. foundation, perimeter patio drains), including entrances to underground parking garages. Ordinance No. 50, Series of 2004. Page 5 1 tiv 511408 06/20/2005 09 051 Page 6 of 18 SILVIA DAVIS PITKIN COUNTY CO R 81.00 D 0 00 3. On-site drainage plans require approval by the district, must accommodate ACST) service requirements and comply with rules, regulations and specifications. 4. On-site sanitary sewer utility plans require approval by ACSD. 5, Glycol snowmelt and heating systems must have containment provisions and must preclude discharge to the public sanitary sewer system. 6. Plans for interceptors, separators and containment facilities require submittal by the applicant and approval prior to building permit. 7, When new service lines are required for existing development the old service line must be excavated and abandoned at the main sanitary sewer line according to specific ACSL) requirements. 8. Generally one tap is allowed for.teach; building. Shared service line agreements inay be required where more tha@ne unit is served by a single service line. 9. Permanent improvements are prohibited in areas covered by sewer easements or right of ways to the lot line of each development. 10. All ACSD total connection fees must be paid prior to the issuance of a building permit. 11. Where additional development would produce flows that would exceed the planned reserve capacity of the existing system (collection system and or treatment system) an additional proportionate fee will be assessed to eliminate the downstream collection system or treatment capacity constraint. Additional proportionate fees would be collected over time from all development in the area of concern in order to fund the improvements needed. Section 7: Public Park and Trail The developer of the Fox Crossing Subdivision shall provide the City of Aspen Parks Department with a monetary contribution of $100.000 for improvements to Aley Park (located at the southwest corner of Spruce Street and Williams Way). This shall be payable upon filing of the Subdivision Improvement Agreement. The Parks Department shall be authorized to use these funds for improvements to Aley Park and improvements to park or trail facilities in the general vicinity of the Project. The Fox Crossing Park Parcel shall be conveyed to the City of Aspen upon filing of the Subdivision Plat. A public access easement shall he provided across the entirety of the Pedestrian Trail connecting the park to Race Street. The form and content of the easement shall be acceptable to the City Parks Department and the City Attorney and shall be referenced in both the Subdivision Agreement and the Subdivision Plat. Prior to filing of the Subdivision Improvement Agreement, there shall be an agreement speci fying ownership, design, use, boundaries, and maintenance responsibilities for the park and trail Ordinance No. 50, Series of 2004. Page 6 511408 1111 1 111- il 11 - 1 11- 1]Ill ill lilli Illill i Page 7 of 16 06/20/2005 09.05A SILLIA DAVIS PIT<IN _OU TY CO R 81.00 D 0.00 review'ed and approved by City Council. Maintenance of the trail shall be at the cost of the homeowners association. This agreement shall be then appended to the Subdivision Improvement Agreement for filling. The Subdivision Improvement Agreement shall, specify a construction detail for the proposed trail including the proposed 6-foot width and concrete surface. 9 , : The Subdivision Improvement Agreement shall specify the number. location. and detail of wayfinding signage to be implemented. The applicant shall work with the City Parks Department to determine a mutually agreeable signage plan. Section 8: Construction Management Plan Prior to issuance of a building permit and prior to commencement of any site/utility work, the applicant shall submit a construction management plan for approval by the Community Development Engineer. The plan shall include the following: 1. The primary construction access point shall be along Lone Pine Road. Race Street. Race Alley, Spruce Street, and Walnut Street shall not be used for contractor parking. The City requires it contractor parking area be designated along I.one Pine Road and on-site. 2. A lot, or several lots. shall be used as a construction staging area. The CMP should specify the particular lot(s) and shall specify at which point a staging area is no longer required. 3. Contractor contact information shall be provided to surrounding property owners. in the case of Hunter Creek Condominiums. contact information may be provided to the condominium association president rather than each individual owner. The intent of this requirement is for the contractor to address neighborhood concerns about construction without involving the: City. Section 9: Access Infrastructure Permit: Prior to the construction any improvements, a licensed Contractor must obtain a City Access-Infrastructure (A-I) permit. One Contractor will be responsible for completing al] infrastructure associated with the project. As part of the A-I Permit. the Contractor will be required to submit a Construction Management Plan. Section 10: liazardous Soils: 1 his area is partially within the Smuggler superfund site, which rneans additional permits and institutional controls may be required for any work done on the site. (See requirements outlined in the City Code.) City Environmental Health Department - 920.5039, Section 11: Streets Race Alley/Race Street shall be designated as one-way with the direction of travel being northbound. Race Alley shall continue to be signed for no parking on either side of the street. Race Street shall be developed with a 34-foot curb-to-curb dimension and parking along both sides of' the street. A six-foot-wide sidewalk/trail shall be provided adjacent to the northern section of Race Street on lox Crossing Lot #1, connecting the park trail to 40: 3 A '4 ' Ordinance No. 50, Series of 2004 Page 7 511408 1 - Ill lili-111111 -1-- 11 - -11 lil lillillit il I 06/20/2005 09 05P PageÂ· 8 of 16 SILLIA [AVIS PITKIN C L T< _J R 81.00 D 0 00 Spruce Street. Sidewalk connections and parking within the rights-of-way shall be L provided as described in the addendum application materials from Stan Clauson Associates dated February 16.2005. ~ 11 ilÂ· ' f Spruce Street shall be improved with afpedestrian sidewalk on at least one side of the street, and preferably both sides, between Race Street and Park Circle. The design of this right-of-way shall be undertaken by the City of Aspen and the costs of implementing a - sidewalk along one side of Spruce Street shall be bourn by the_Applicant and added to the subdivision improvements agreement and secured through a letter or credit, or other acceptable means, due at the time of issuance of a building permit for the first building to be used for implementation of a sidewalk or other enhancements to Spruce Street. Three (3) public parking spaces shall be developed by the Applicant at the northern-most portion of the Walnut Street public right-of-way adjacent to the Fox Crossing Park Parcel. Walnut Street (the public right-of-way portion) shall maintain a twenty-one foot wide clearance with no parking. In the alternative. parking may be permitted if' the 21-foot wide clearance is maintained and the approval of- the Fire Marshall is gained. The extension of Walnut Street to its connection with I.one Pine Road shall be developed within a 20-foot wide access easement with 16 feet of paved surface and a 2-foot stabilized shoulder on both sides. Bollards, or other physical hindrances within the rights-of-way, shall not be implemented. L. Section 12: Subdivision and Vacation Plat Within 180 days after final approval by City Council and prior to applying for a Building Permit, the applicant shall record a Subdivision and Vacation Plat which shall comply with current requirements of the City Community Development Engineer aiid shall include: 1. The final property boundaries. disposition of lands. the partial vacation of Race Street. the dedication of a portion of land to accommodate a turning radius between Race Alley and Race Street. and utility and surface easements. Utility easements not administered by the City of Aspen shall require approval by the particular utility provider. 2. A building envelope on Fox Crossing Lot #3 restricting development along the northwest portion of the lot. 3. Reference to the public easement across the Park Parcel and Pedestrian Trail. 4. A phasing plan describing the sequence of development phases and the improvements for each phase. The City encourages the applicant to perform any overlot grading and utility main work in the first phase. 5. Design specifications and profiles for improvements to the public rights-of-way including geometries and tuming.ra(iii. C Ordinance No. 50 Series of 2004 Page 8 511408 11 1-- - 1- - I l ]11- -li' ..1-1 Ill li l li I I t 06/20/2005 09 05f Page 9 of 16 S.LAIA DAUS PIT-KIN COL.TY CO R 81.00 D 0.00 6. A landscape plan showing location, amount, and species of landscape iniprovements. An irrigation plan for the park parcel shall be included with a signature line for the City Parks Department. 7. A utility plan meeting the standards of the City Engineer and City utility agencies. Utility mains not administered by the City of Aspen shall require approval by the particular utility provider. Fire hydrant(s) locations shall be identified. 8. A grading/drainage plan. including an erosion control plan, prepared by a Colorado licensed Civil Engineer, which maintains sediment and debris on-site during and after construction. lf a ground recharge systems are required, a soil pei-colation report will be required to correctly size the facility. A 2-year storm frequency should be used in designing any drainage improvements. Off-site improvements shall be done in coordination with the City Engineer. 9. The applicant shall provide the final approved Subdivision line data or survey description data describing the revised street and parcel boundaries to the Geographic Information Systems Departmetit prior to applying for a building permit. The final building location data, including any amendments, shall be provided to the GIS Department prior to issuance o fa Certificate of Occupancy. Section 13: Subdivision Agreement Within 180 days after final approval by City Council and prior to applying for Building Permit, the applicant shall record a Subdivision Agreement binding this property to this development approval. The Agreement shall include the necessary items detailed in Section 26.445.()70, iii addition to the following: 1. Tile agreement shall state the ownership and maintenance responsibilities of the common areas of the project, including common driveways and drainage improvements. 2. The Public Facilities Guarantee shall also include the costs of implementing a sidewalk along one side of Spruce Street and shall be used for improvements to Spruce Street as determined appropriate by the City of Aspen. 3. A public access easement and ownership, use, boundary maintenance agreement for the Park Parcel and Pedestrian Trail, and construction detail as specified in Section 1. 4, A Construction Management Plan, as specified in Section 8. 5. In order to secure the construction, installation, and performance of the of public improvements and facilities, including drainage improvements and landscape improvements for each phase, the required performance guarantees shall include and secure the estimated costs ofall phases of the development. Section 14: Fire Department Requirements Sprinkler and fire alarms are required throughout all of the newly constructed residential buildings. 1 he person that designs the sprinkler and alarm systems is required to meet Ordinance No. 50, Series of 2004. Page 9 11-lili- --111-111 -111111-111111'lllilli 511408 Page: 10 of 16 06/20/2005 09 Â· 051 ILVIA CA\.1 FIr'-IN _-L..TY CO R 81.00 0 0 00 with the Fire Marshall before starting design, It needs to be confirmed that adequate water volume and pressure exists for the sprinklers. Section 15: Building Permit Requirements The building permit application shall include/depict: 1. A signed copy of the final Ordinance granting land use approval. Fox Crossing Lots 5,6, and the Park Parcel shall require Final Approval from the I listoric Preservation Commission- 2. A letter from the primary contractor stating that the approving Ordinance has been read and understood. For Fox Crossing Lots 5.6, and the Park Parcel. this letter shall also confirm an understanding of the Final HPC approvals 3. The conditions of approval shall be printed on the cover page of the building permit set. 4. A completed tap permit for service with the Aspen Consolidated Sanitation District. 5. A tree removal/mitigation plan for any trees to be affected by the specific phase. 6. A fugitive dust control plan approved by the Environmental Health Department which addresses watering of disturbed areas including haul roads. perimeter silt fencing, as-needed cleaning of adjacent rights-of-way, speed limits within and accessing the site, and the ability to request additional measures to prevent a nuisance during construction. The applicant shall wash tracked mud and debris from the street as necessary, and as requested by the City. during construction, Submission of a fugitive dust control plan to the Colorado Department of Public Health and Environment Air Quality Control Division will also be necessary due to the property being in excess of 1 acre. 7. A study performed by a Colorado licensed asbestos inspector detailing the presence of asbestos. I lie State.6Â·f Colorado must be notified and the report must be complete prior to issuance of a building permit. Contact the City of Aspen Environmental I Iealth Department for state contact in formation. 8. if the disturbance area of a particular phase of development is over one acre, the Contractor will need to obtain a State Storm Water Management Permit (for erosion control) and a State Emission Permit (for dust control). 9. A construction site management and parking plan nieeting the specifications of the City Building Department Prior to issuance of a building permit: 1. All tap fees. impacts fees, and building perniit fees shall be paid for the particular phase. Ordinance No- 50, Series of 2004. .Page 10 : f 511408 11111-1111111 111- lilli-11Ill 11111111111-1 06/20/2005 09.050 Page 11 of 16 SILE.A DAVIS PITKIN JOL..TY CO R 81 00 D 0 00 2. The location and design of standpipes, fire sprinklers, and alarm systems shall be approved by the Fire Marshall. The Fire Department requests that sprinklers be installed in each proposed house regardless of tloor area. Section 16: Fences Property boundary fences of Fox Crossing Lot 5 and Lot 6 which border the Fox Crossing Park parcel shall be developed no higher than 42 inches and shall be subject to the procedures and requirements of Chapter 26.415 - Development Involving Historic Landmark Sites and Structures. All fences uithin the Project shall be designed to be "wildli fe-friendly" as specified in the Pitkin County Land Use Code. (Contact Pitkin County Planning Department for these specifications.) Section 17: Vested Rights The development approvals granted herein shalli constitute a site-specific development plan vested fur a period of three (3) years from the date of issuance of a development order. No later tlian fourteen (14) days fullowing final approval of all requisite reviews necessary to obtain a development order as set forth in this Ordinance the City Clerk shall cause to be published in a newspaper of general circulation within the jurisdictional boundaries of the City of Aspen. a notice advising the general public of the approval of a site specific development plan and creation of a vested property right pursuant to this Title. Such notice u shall be substantially in 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 properly right, valid for a period of three (3) years, pursuant to the Land Lise Code of the City of Aspen and Title 24, Article 68, ('olorado Revised Statutes, pertaining to the fullowing described property: Fox Crossing Subdivision Lots 1,2.3.4, 5.6,7,8.9,10,11,12.13. and the Fox Crossing Park Parcel. Section 18: All material representations and commitments made by the developer pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the ('ommunity Development Department, the Aspen Planning and Zoning Commission, or the Aspen 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 19: This Ordinance shall not affect 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. Ordinance No. 501 Series of 2004. Page 11 511408 x ' 111111111111111 11111 11111~11111111111111 06/20/2005 09-05: Page 12 of 16 SLLVIA DAL.S F: iKIN CuL FY CO R 81.00 D 0 00 Section 20: 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 21: _ That the City Clerk is directed. upon the adoption of this Ordinance. to record a copy of this Ordinance in the office o f the Pitkin County Clerk and Recorder. Section 22: th A public hearing on the Ordinance was held on the 24 day of January. 2005. at 5:00 in the City Council Chambers, Aspen City IIall. Aspen Colorado, fifteen (15) days prior to which hearing a public notice of the same was published in a newspaper of general circulation within the City o f Aspen. h. Section 23: This ordinance shall become effective thirty (30) days following final adoption. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law. t}; by the City Council of the City of Aspen on the 13 day of December. 2004. Attest: 4Â»9 24Â« 0 ,~~ali ~in crud,M2Tor Kathryn S. 1*Ah, City Clerk th FINALLY, adopted, passed and approved this 1 4 day of March, 2005. Attest: Kathryn S. K~h, City Clerk ,Â·reled ]6lit) WIN,ilerud, Mayor ..7 7 Approved as to form: .whi i â‚¬163155Â» John Worcester, City Attorney Attachment A -- Existing Property Map Attachment B - Proposed Subdivision Boundary Map Bendon C:\home\Current Planning\(.'ASES\Fo, Crossing\Orilinance51}-subdipision.doc Ordinance No. 50, Series of 2004. Page 12 ~ BENNIS AND WALNL i PROPERTIES, LLC MAN.-1 -1.T Vie~- lu14Â«4,1 ...1- .~ 1* r '# IN THE WILLIAMS ADDITION . =IleCUCI/--/ A- - C. . I. --rot... ,i.. -.* 7â€¢ 9,Uâ€¢t N CITY OF ASPEN ,-ou c ~,â€¢, 4,â€¢Aiz,â€¢Â¥ r~C. 4~ ,rinl }=1Â·i Â£12 ~.a. Um. Wâ‚¬- 'gÂ« -M--TT' 2-<-:, *& 0 8 V'. w =VA- * â„¢ P-**S * '.k> ~ a m - -egailleavar-1 -0 ~.LWT -78q W *#.tnIC Â·-9â‚¬ M , T. 4,0.1 - ip; .000.El.3 - , , j. :3': 114 / mi 'Nt t.â‚¬Â·, }11! -_,-U--- <53 x35:,mt,Â· d -.r=r, V U-% *In- -m -- 1- 0/ .... a., ...ul. # I, Iv - *' ./': ./ -,s~,L M..0 I. 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Units c,b 8407.5.1 lot Ared t Lot 3 i 1855sf Vacated Area /... - Single Family ! 6009.743# : Hunter Creek Condominium /Y ...Mon 1,011 *~ RACE STREEJ i- rkttl..Should./ (Grev.[) / 1 Lot 4 25065.3sf | 6010.3431 | Lol 2 SIngle Family Lot 8 Duplex Units a,b LOT 3 Single F-cm]17 --- - - - - - -- - | 7300)sf Lot Ar- | 1 ~ AREA 14660.5., 6749.08,1 25_ - rly* 1 1 44 -1 1=1 Singze Family Lot 5 ! 1 1 Off if rT-----1 1 - 6015.62.f R.locitid cootr | -7 1 1 1 ~H,1 Â»///a,0c.~42;Inate Fomily ' L .| ~/d LOT 2 jtjt] j lIt*0683\14 I AREâ€¢ 7510.1 1 2 11 4/ 5 / / Lot 9 1 N - Â»Â» 5\.gle Forelly ~ ~ Lot 7 j W 1.=70 ~~ 6945.2/t -1 1 1 4 A L Single fam# .L/& 6 6 10 ; 30 - ~~_me M 8 llÂ«23Â«1 ' - 9849.4sf -te:Rakx 1 \\ LOT 1 -1---1 Fil ,X . 1 - ~ ~ Park Arem (91,044 â€¢f) 1 Nlith 1 Exi,Â¥4 54. 1 Forrlly Hou:* D 1 Z \ 4 1 Lo, 10 j D.plex Units orb T--2, .9~ ~ 1 ot Area 11219.8sf -= 1 ~ 2 Vocale: Arec 432.54 ~ ~ Will filii 932 7!.1 I.â€¢ Sâ€¢--~~r~~:*â€¢ -*...I-1- .)*U'/ APL ~I'.r-.Il~0- pt Â¢ 1 11111111111 1 -lili 111111111111 111111111111 511408 Page: 14 of 16 3F C- 06/20/2005 09:052 SCLVIR DAVIS FITKIN COUNTY CO R 81.00 D 0.00 Â¥O . ,-tl ;uvr,Annr'n~,~ 13]hilS 30nHeS A.311Â¥ 33,8 3Nld 3NO 1 Development Plan UOISAIp U,6010 XO2{ Â¥. r 06/20/2005 09 05A 511408 Page: 15 of 16 S'LVIA DAVIS FITKIN COUN-v CO R 81â€ž00 0 0.00 DEVEI.OPMENT 01<DER City of Aspen Community Development Department This Development Order, hereinafter "Order". is hereby issued pursuant to Section 26.304.070. '1)evelopment Orders", and Section 26.308.010. "Vested Property Rights", of the City of Aspen Municipal Code. 1 his Order allows development of a site-specific development plan pursuant to the provisions of the land use approvals, described herein. The effective date of this Order shall also be the initiation date of a three (3) -year vested property right. The vested property right shall expire on the day after the third anniversary of the effective date of this Order, unless a building permit is approved pursuant to Section 26.304.075, or unless an exemption. extension. reinstatement, or a revocation is issued by C ity Council pursuant toÂ·*ection 26.308.010. After Expiration of vested property rights, this Order shall remain in full force and effect, excluding any growth nianagement allotments granted pursuant to Section 26.470, but shall be subject to any amendments to the Land lise Code adopted since the effective date ofthis Order. This Development Order is associated with the properly noted below for the site-specific development plan as described below. Propertv Owner's Name, Mailing Address and telephone number: Walnut Property, LLC, Walnut Property II, LLC, Walnut Property III, LCC. C/O Camilla Auger. 709 North Spruce Street, Aspen, CO 81611 970.544.0475. Legal Description and Street Address of Subject Property: Fox Crossing Subdivision, located within the City of Aspen Pitkin County, Colorado. Located in the vicinity of Lone Pine Road, Race Alley, Race Street, and Walnut Street. Street Addresses to be determined. Written Description of the Site Specific Plan and/or Attachment Describing Plan: The City Council approved development of a multi-unit residential subdivision more precisely described in Ordinance No. 50, Series of 2004, and depicted on a final Subdivision plat to be filed with the Pitkin County Clerk and Recorder. Land Use Approval Received and Dates: City Council Ordinance No. 50, Series of 2004, attached. approved March 14, 2005. Effective Date of Development Order: May 8.2005 (Same as date of publication of notice of approval.) Expiration Date of Development Order: May 8. 2008. (The extension, reinstatement, exemption from expiration and revocation may be pursued in accordance with Section 26.308.010 of the City of Aspen Municipal Code.) ill Issued this 26 day of April, 2005. hy the City of Aspen Community Development Director 3/4 -4-, Chris Bendon, AICP Community Development Director City of Aspen APPROVED APR 2 6 2005 COMMUNITY DEVELOPMEN] i.*tolljh CITY OF ASPEN lillil--1-11111-lilli 111111111--1 06/20/2005 09 05A 511408 Page. 16 of 16 S.LVIA DAUS Pif,< IN COLNT Y CO R 31.00 D 0.00 '47 NOTE TO Fl LE Date: 2/3/09 Location: Fox Crossing Subdivision Lot 11, House S Zoning approval granted February 2009, for the construction of a detached duplex. TOTAL FAR: 4380 = 250 (TDR) + 4130 House S = 2035.6 sq. ft FAR House Q = 2282.68 sq. ft. FAR (TDR landed = 250 sq. ft. FAR included) Current FAR amount = 4318 sq. ft HOUSE S is eligible to receive a TDR equaling 250 sq. ft. STAN CLAUSON ASSOCIATESINC [andscape architecture.planning.resort design 412 North Mill Street Aspen, Colorado 81611 t. 970/925-2323 f. 970/920-1628 info@scap[anning.com www.scaplanning.com 30 January 2009 Ms. Andrea Hingley Planning Technician Community Development Department City of Aspen 130 S. Galena Street 3rd Floor Aspen, CO 81611 RE: Fox Crossing County Recording Fee Dear Ms. Hingley, Please find enclosed a check in the amount of $26.00 to cover any and all fees associated with county recording for the referenced matter. Do not hesitate to contact me with any questions. Sincerely, 144--u-â€¢ <& 2 7 Patrick S. Rawley STAN CLAUSON ASSOCIATES, INC. ENCLOSURE . :CEPTION#: 556151. 02,'02/2009 at 03: i J: f.. 5 Â°M, 1 01.- 5. R 326 00 Doc Code APPROVAL Janice K. Vos Cauclil. Pil'ktri County. CO NOTICE OF APPROVAL For an Administrative Variance to the Residential Design Standards for the Fox Crossing Subdivision, Lot 11, commonly known as 523 Walnut St. Parcel No.: 273707392011 APPLICANT: Fox Crossing Partners, LLC 601 E. Hopkins Ave, Suite 200 Aspen, CO 81611 REPRESENTATIVE: Stan Clauson Associates, Inc. 412 N. Mill St. Aspen, CO 81611 SUBJECT & SITE OF AMENDMENT: Fox Crossing Subdivision, Lot 11 523 Walnut St. Aspen, CO 81611 SUMMARY: The Community Development department has reviewed the submitted land use application for an Administrative Variance to the Residential Design Standards for building orientation on Lot 11, of the Fox Crossing Subdivision, commonly known as 523 Walnut St. The variance request is for having the orientation o f the building orthogonal to the adj acent side yard and not parallel to Lone Pine Road, which will make the orientation at a right angle. STAFF EVALUATIONS: The proposed variance is appropriate for the neighborhood where the building is located. The Community Development Department feels that the proposed orientation towards the side yard is preferable to having the orientation to Lone Pine Road, as it will help conform to the existing layout of the subdivision, in which is laid out at right angles. Additionally, access onto Lone Pine Road from the site would create site triangle/access problems for driveway placement. REVIEW CRITERIA: Administrative Variances: The applicant may seek an administrative variance for not more than three (3) of the individual requirements. An applicant who desires a variance from the residential design standards shall demonstrate, and the Community Development Director shall find that the variances, if granted, would: a. Provide an appropriate design or pattern of development considering the context in which the development is proposed and the purpose of the particular standard. In evaluating the context as it is used in the criteria, the director may consider the relationship of the proposed development with adjacent structures, the immediate neighborhood setting or a broader vicinity as the director feels is necessary to determine if the exception is warranted; or Response: The proposed buildings fit into the context of the neighborhood as it exists today, as the houses are aligned in a grid/right angle. The proposed orientation to the side yard is consistent with the rest of the subdivision that has been built to date. b. Be clearly necessary for reasons of fairness related to unusual site-specific constraints. Response: The site has the specifc constraint that access off of Lone Pine Road would be dijficult/dangerous, as it is a busy road and site triangles/access for driveway placement are not available because of the curve in the road and the proximity to the intersection. If the buildings was to be oriented towards Lone Pine Road the orientation would be with the curve of the road and the building orientation would not be straight or at a right angle. DECISION: The Community Development Director finds that the application is consistent with the criteria for an Administrative Variance as per the land Use Code 26.410.040.A.1 and thereby APPROVES the variance as requested. APPROVED BY: iblk/ AN).01 nris Bendon Date Community Development Director EXHIBIT A: Site Plan APPROVED EXHIBIT B: Application JAN 8 2009 COMMUNITY DEVELOPMENT DIRECTOR CITYOFASPEN '. 1. DEVELOPMENT ORDER ofthe City of Aspen Community Development Department This Development Order, hereinafter "Order", is hereby issued pursuant to Section 26.304.070, "Development Orders", and Section 26.308.010, "Vested Property Rights", of the City of Aspen Municipal Code. This Order allows development of a site specific development plan pursuant to the provisions of the land use approvals, described herein. The effective date of this Order shall also be the initiation date of a three-year vested property right. The vested property right shall expire on the day after the third anniversary of the effective date of this Order, unless a building permit is approved pursuant to Section 26.304.075, or unless an exemption, extension, reinstatement, or a revocation is issued by City Council pursuant to Section 26.308.010. After Expiration of vested property rights, this Order shall remain in full force and effect, excluding any growth management allotments granted pursuant to Section 26.470, but shall be subject to any amendments to the Land Use Code adopted since the effective date of this Order. This Development Order is associated with the property noted below for the site specific development plan as described below. Fox Crossing Partners, LLC 601 E. Hopkins Ave. Suite 200, Aspen, CO 81611 970-544-0045 Property Owner's Name, Mailing Address and telephone number Fox Crossing Partners, LLC 601 E. Hopkins Ave. Suite 200, Aspen, CO 81611, Parcel Number: 273707392011 Legal Description and Street Address of Subject Property Approval of a variance from the Residential Design Standards for building orientation. Written Description of the Site Specific Plan and/or Attachment Describing Plan Variance to Residential Design Standards, January 29,2009 Land Use Approval(s) Received and Dates (Attach Final Ordinances or Resolutions) February 8.2009 A Effective Date of Development Order (Same as date of P~?lication of notice of approval.) February 8.2012 Expiration Date of Development Order (The extension, reinstatement, exemption from expiration and revocation may be pursued in accordance with Section 26.308.010 of the City of Aspen Municipal Code.) Issued this 28th day of January 2009, by the City of Aspen Community Derttment Difector. LWvul. t/0 3 - Chris Bendon, Community Development Director m&â€¢iNE ./. m*â€¢saU ./. - CU'~ELB riC-â€¢gs. I..... r.0 I. m OaVe:00*m . 81 â‚¬*Birle i 2=,-laed,41 . Orts*alll i DO 0Â»06Â¥ . W Kâ€¢X#1 13,~ te', N3d SY ON]SSOD >(03 415 lnKIVAA EGO Al-Elii #31 11RDÂ·UJpUU'/AU'A~ 1 9,1111 1 < 1 91331!HOMÂ¥ 311!NNOD SalkIVHD b 3SnOH'LL 101 kj 3 / \ / 6-1 ------ -/.37/ / \ lai lai --1 -- -----Â·Â·- 121 11 m Â¢'-,gnal@-- -11 v U / ~ Lill!111 U h m--737- 51 - 11 :: 1 1 MÂ¢ 3 A //6 7 7 8, 11 kUm t >u - 11110 131 c _-- ----,754 p.,1 E-Il Al/ --Uliti-3/ rfÂ·---- icl 3 ----------- ..- LONE PINE /M49, W UL ': 429 * wer 4/44 . ' 9"90 ~ *4 / 3 2 Â·9 +A 44 1 Nyld BUS 0 3@floHL~' io~ 9 \4 PFCE 11/F D 2 . Â» 'g .: N P eu i : N A '7 9 9 0 0 jr.,2 U Â£ CUUJ ATTACHMENT 2 -LAND USE APPLICATION PROJECT: , ....>F ASPEN Name: Fox Crossing Subdivision, Lot 11, Residence Q 0523 Walnut Street, Aspen, CO 81611 Location: (Indicate street address, lot & block number, legal description where appropriate) Parcel ID # (REQUIRED) 273707392011 APPLICANT: Name: Fox Crossing Partners LLC 601 E. Hopkins, Suite 202, Aspen, CO 81611 Address: 970-544-0045 Phone #: REPRESENTATIVE: Name: Stan Clauson Associates, Inc. 412 N. Mill Street, Aspen, CO 81611 Address: 970-925-2323 Phone #: TYPE OF APPLICATION: (please check all that apply): GMQS Exemption 2 Conceptual PUD U Temporary Use GMQS Allotment 2 Final PUD (& PUD Amendment) El Text/Map Amendment Special Review ~ Subdivision El Conceptual SPA ESA - 8040 Greenline, Stream E Subdivision Exemption (includes ~1 Final SPA (& SPA Margin, Hallam Lake Bluff, condominiumization) Amendment) Mountain View Plane U Commercial Design Review 2 Lot Split U Small Lodge Conversion/ Expansion 7 Residential Design Variance E Lot Line Adjustment U Other: U Conditional Use EXISTING CONDITIONS: (description of existing buildings, uses, previous approvals, ete.) Lot 11 is a vacant lot. Amendment to Fox Crossing Subdivision Residential Design Standards Variance request, 9/30/05 PROPOSAL: (description of proposed buildings, uses, modifications, ete.) A variance to permit the building orientation to be orthogonal to adjacent side yard and not parallel to Lone Pine Rd. Have you attached the following? FEES DUE: $735.00 Â® Pre-Application Conference Summary D Attachment #1, Signed Fee Agreement U Response to Attachment #3, Dimensional Requirements Form El Response to Attachment #4, Submittal Requirements- Including Written Responses to Review Standards U 3-D Model for large project All plans that are larger than 8.5" X 11" must be folded. A disk with an electric copy of all written text (Microsoft Word Format) must be submitted as part of the application. Large scale projects should include an electronic 3-D model. Your pre-application conference summary will indicate if you must submit a 3-D model. 0000 Page 1 of 1 T l illi lilli lili 1111 lilli lili Ill 4 Print Date: - Pitkin County Transaction #: 14309 2/2/2009 3:13:07 Janice K. Vos Caudill Receipt #: 200900590 PM Clerk and Recorder Cashier Date: 2/2/2009 3:13:06 PM 530 East Main Street (JHAAS) Aspen, CO 81611 (970) 429-2707 www.PitkinClerk.org Customer Information Transaction Information Payment Summary DateReceived: 02/02/2009 Source Code: Over the Counter Over the (ASPCIT) ASPEN CITY OF Q Code: Counter Total Fees $26.00 ATTN CITY CLERK Return Code: Over the Total Payments $26.00 Counter Trans Type: Recording Agent Ref Num: 1 Payments *El CHECK 5051 $26.00 1 Recorded Items BK/PG: 0/0 Reception:556151 Date:2/2/2009 k!21 (APPROVAL)APPROVAL ANY 3:13:05 PM TYPE From: To: Recording @ $6 for 1pg and $5 for 2 or more pgs 5 $26.00 $1 Surcharge 0 Search Items 0 Miscellaneous Items file://C:\Program Files\RecordingModule\default.htm 2/2/2009 It)14.Spl AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.070, ASPEN LAND USE CODE ADDRESS OF PROPERTY: 5 Â·32- Abl fu-Jr Shek E>% 609*-n Aspen, CO / STATE OF COLORADO ) ) SS. County of Pitkin ) I, ~0~02~.6/1 436(4~ (name, please print) being or representing an Applicant to the City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) or Section 26.306.010 (E) of the Aspen Land Use Code in the following manner: U'~0000- Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen no later than fourteen (14) days after final approval of a site specific development plan. A copy of the publication is attached hereto. Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen no later than fifteen (15) days after an Interpretation has been rendered. A copy of the publication is attached hereto. Signature The foregoing "Affidavit ofNotice" was acknowledged before me this 9 day of'li~'b-Ud/Vl~ , 200.1 by A-v~QÂ·(a 9204 -â‚¬-Al - WITNESS MY HAND AND OFFICIAL SEAL FliBLIC NOTICE of DEVELOPMENT APPROVAL My com;aission e x~e~s:5~1 ~ Lb\3 Notice is hereby given to the general public of the approval of a siti specific development plan, and the creation of a vested property right pursuant to the Land Use Code of the City of Aspen and Title 4t 24, Article 68, Colorado Revised Statutes, pertain ing to the following described property Notary Public j ,o.--uk 532 Walnut Street, also known as Fox Crossing, by the order of the Community Development Director â‚¬i*Ir/#4. on January 29,2009 the applicant received ap provals a variance to the Residential Design Stan lion dam for the building orientation. For further information contact Andrea Hingley, at ATTACHMENTS: ~ i CORY J. 1 ~ the City of Aspen Community Development Dept. 130 S. Galena St, Aspen, Colorado (970) 429-2797. ~ 1 GARSKE / 8 s/City of Aspen CÂ« COPY OF THE PUBLICATION Published in the Aspbn Time Weekly on February 8, 2009, (2958711) 94=:7 Mv Commission Expires 05/09/2012 ~ 1 STAN CLAUSON ASSOCIATES INC AY landscape architecture.planning.resort design ~ 412 North Mill Street Aspen, Colorado 81611 t. 970/925-2323 f. 970/920-1628 %,~ info@scaplanning.com www.scaplanning.com RECEIVED JAN 0 7 2009 6 January 2009 Cl 1-Y ull ASPEN COMMUNITY DEVELOPMEN1 Ms. Jennifer Phelan, AICP Deputy Director Community Development Department City of Aspen 130 S. Galena Street Aspen, CO 81611 RE: Fox Crossing Subdivision, Lot 11, Residence Q Variance Request Dear Jennifer: On behalf of our client, Fox Crossing Partners LLC, we are submitting the following information in connection with the referenced matter: â€¢ Check in the amount of $735.00 to cover any and all fees associated with the development application made for an administrative variance: â€¢ Land Use Application for a Residential Design Variance; â€¢ Email correspondence that will serve as our pre-application conference with you; and â€¢ Letter with attachments prepared by Stan requesting the variance to permit the building orientation as shown on the attached plan. Please do not hesitate to contact us with any questions. Sincerely, 14&4 0. _CA cu.re~<p- Patrick S. Rawley, Associate ASLA STAN CLAUSON ASSOCIATES, INC Enclosure A , - -ti' 44 < ./.'- I. , 1 .,1.4< 1 W N.. e . JmhOEFUFft> i."M.k *6740.14/3 1 ' r I .:Aul'll -ie Vt 1, 4# - firri~~44.10$:~~~q:~ &30 4- .14 4 10./. b ./Irli - ...4. } 1 +41~4 02 1~ 11..'*t.:Er h. 1 4-9,"6.01(Url i .' ' P. , '41.2- Â· 0~ , *el'F~Â· ' 0 , . U. i . /8./5 0 - ti .Â¢,0 - . \ .11 4'.... 'D ,.,2$24'Ne-Z~ .ra.Â¥wli'. t.@4~jff t '.~;*.-t 1 #<2-:eiam--= -- " 4Â¢ i * *;0> - C' I \ P 4 0:~*.1 444,1 .41%4 It.4,2 ,, 6.4, - 0 A .,1 --. I . 04 - 0+ i ,-~Â·.3.9 4...111 rk.â€¢MFL W .07.24 h, ---"lu ' ,2. , / '1.'-Il--/.--'/ 7 -'ll . . 1 2 r 201. -*f..21Â»10/.Mi...li.. a/-JL-~~Â·CS , 4 -/ 1 7 r Ji. //A 4 //J/ I 4-5 , .4 E:*F w.. - 4-..4 1zrf .02 *Aw< :' e . ff 4.0 .- f & Apx ?- '120... .1.-mil j.--li~ :.*~ . 1>~1 - ,04 + deum' *'14<14f . 4,~ 5 4 ,, d'ki*10~ --*-*U 4e.Â· -4|r'i.2 'f: 11'9!.yhr . 0 ./..- I-- -- . --I '-- h - 4 . -41*3*V'*Mill<,0 .. , . 01.....El. . 9/ I.'Ill.A - '30 ey , n , 44 1, 4 .*40&' .Abir/- 'i H m V W .- ~*J.imi A ' p - --- . en i . ' . f k. / .' 12"8 11+41* b. 0 '7, - I/0...6 . ': 3342 ivit "VA# .. -P , r .; . I * -/1 f ~/Ill, ... AL:NJ; ST 13- a r,m,1 al-- - 0 Y //4 . . -â€¢to -5 ---In N- P r 4- -* ~ 3 .=,91'L.Kit 1 u .6- ..1 ~ -'..b...... D %-e N,V.de'ter,r:* 4 * 13 0,81 -,V 1-&46%~ F ,4 0~5,Fi â€¢6.Â¥466Â», w .crs â€¢ 453Â£,45,~ 92850..m - 1 . /m =~2 /1- â€¢-/ GO ililig//,Jeill - *4 1Ir)L_ I1r r a..1, w. -m,9- ./:lait & P =.~ L ~ *36''t L tit'/09.I./4 49, -+Ii ~. -.6 1* ..-6, 1 .1~.'...,art,m -" ' i**tÂ» .4. Ijain............. - râ€¢ Aâ€¢ .. r 4 4/l Â·N'~ 0/â€¢4 -0-I t/*c' ey///1-3Â£,r. .. .If ..17â‚¬~ 2.1 *14Â° 1, 167'll-6...I.t ///8 + C 12.~ - -2,/Wit B - 02,757 -': lillilijk../17'efr) 95 ~ 1. .Â· 94 ~~~~~~~~P~UG;t#2_ \ 9. -Illif--9-- -HlneS- Â£. Sta n RECEIVED Stan Clauson, AICP, ASLA STAN CLAUSON ASSOCIATES INC JAN 0 7 2009 landscape architecture . planning . resort design 011 Y OF ASPEN 412 N. Mill Street Aspen, Colorado 81611 COMMUNITY DEVELOPMENT t. 970/925.2323 f. 970/920.1628 stan@scaplanning.com www.scaplanning.com * Please consider the environment before printing this email. From: Jennifer Phelan [mailto:Jennifer.Phelan@ci.aspen.co.us] Sent: 30 December 2008 3:39P To: Stan Clauson Subject: RE: Fox Crossing Lot 11, House Q Variance Request Hi Stan: An administrative variance is considered a development application and requires a fee of $735.00 as well as the submission of a land use application. Once a formal application and fee is submitted, staffcan review it to see if it qualifies as an administrative approval. If it cannot be handled administratively, we will let you know and see if you want to pursue a variance through the Planning and Zoning Commission. You can then pay the difference between an administrative vs. minor application (as well as submit additional copies)and be scheduled before the commission. Jennifer Phelan, AICP Deputy Director Community Development Department City of Aspen 130 S. Galena Street Aspen, CO 81611 PH: 970.429.2759 FAX: 970.920.5439 www.aspenpitkin.com From: Stan Clauson [mailto:stan@scaplanning.com] Sent: Monday, December 29,2008 5:58 PM To: Jennifer Phelan Cc: Todd Grange; harris a. cahn; Nate Heintzman Subject: Fox Crossing Lot 11, House Q Variance Request Hi Chris- Attached is an administrative variance request for a Fox Crossing property that has not received or required any other Residential Design Standards variances. Please let me know if you have any questions regarding this request. Merry Christmas! Sta n Stan Clauson, AICP, ASLA STAN CLAUSON ASSOCIATES INC landscape architecture . planning . resort design 412 N. Mill Street Aspen, Colorado 81611 2 1 . , t. 970/925.2323 f. 970/920.1628 stan@scaplanning.com www.scaplanning.com * Please consider the environment before printing this email. CONFIDENTIALITY NOTICE: This e-mail may contain confidential and privileged material forthe sole use of the intended recipient(s). Any review, use, distribution, or disclosure by others is strictly prohibited. If you have received this communication in error, please notify the sender immediately by e-mail and delete the message and any file attachments from your computer. Information given or attached herewith is provided for informational purposes only. Stan Clauson Associates, Inc. cannot guarantee the accuracy of this data and assumes no responsibility for any liability incurred by the recipient from the use of this data. Any information used for engineering or surveying purposes must be verified by a licensed engineer or surveyor and can only be used if written permission is obtained from Stan Clauson Associates, Inc. RECEIVED JAN 0 7 2009 ;el 1 COMM r Op ASPEN UNITY DEVELOPMENT 3 THE CITY OF ASPEN Land Use Application Determination of Completeness Date: January 9,2009 Dear City of Aspen Land Use Review Applicant, We have received your land use application and reviewed it for completeness. The case number and name assigned to this property is 0002.2009.ASLU, 523 Walnut -Residential Design Variance). The planner assigned to this case is Andrea Hingley. She will be in contact with you shortly to verify whether the variance can be granted administratively. O Your Land Use Application is incomplete: We found that the application needs additional items to be submitted for it to be deemed complete and for us to begin reviewing it. We need the following additional submission contents for you application: 3Â· 4 1 '12 4/ 1. 2. 3. Please submit the aforementioned missing submission items so that we may begin reviewing your application. No review hearings will be scheduled until all of the submission contents listed above have been submitted and are to the satisfaction of the City of Aspen Planner reviewing the land use application. ~]Z~- Your Land Use Application is complete: If there are not missing items listed above, then your application has been deemed complete to begin the land use review process. Other submission items may be requested throughout the review process as deemed necessary by the Community Development Department. Please contact me at 429-2759 if you have any questions. Thai*youb 03Â«02[UL--\ Jennifer PhAn, Deputy Director -~ City of Aspen, Community Development Department C:\Documents and Settings\jennifep\My Documents\organized\G Drive\Templates\Land Use Cases\Completeness Letter Land Use.doc â€¢~r/p - LAND CONDOMINIUM MAP OF: -RECE,#- TH_E -RESI_DENCES AT FIER_RA VISTA JAN 1 0 hm' CHY Ur nor l_, 4 LOT 14 WEST ASPEN SUBDIVISION FILING 1, SITUATED IN THE Swh OF SECTION 1 COMMUNITY DEVELOPMENT NE1/4 OF SECTION 11, AND THE NWI /4 SECTION 12 a-41,> Wi~Â¥ - 1 li,i,9.,Â¢Â·i-ej~%03~<449~,{-613â€ž :~liffÂ·tilsi,4 Lgr ALÂ· a TOWNSHIP 10 SOUTH, -RA-NGE 85 WEST OF THE 6th P.M. ~~., 4 14 1% 411 _.rf 2 1*U~ne. .. 1 - Pj , .9 1 ...1, 26' ....... t-.- ' .:A ..1 . . .. ./ I CITY- OF ASPEN, COUNTY OF PITKIN, STATE OF COLO-RADO \Â· <L Â·~\Â· y.r.- f ' 1'1 ' 1 G . 1 DECLARANT'S CERTIFICATE SHEET 1 OF 3 it-ii ( A11- r:r, 'Â·Â«-Â·.fi-â‚¬~tÂ»23't~ti-itii>43Â·1~-13-&~~.-t~ k C ,,80#) 1 1. . IlÂ».1<.N''leT,~.'..~u-=r~2.-Ri.-.Â·.~.rfÂ·,~it~~t,24*~.Â·- KNOW ALL MEN BY THESE PRESENTS, that Spencer F. Schiffer, an individual, (hereinafter 3'V. - 7&-4'Â· Â·1~0.14.Â·' 1â‚¬:71*5-2-I-' 921....:...~fl/3.?4%.-rie"44bdi,i "Declarant"), being the owner of certain real property situated in the County of Pitkin, State of Colorado, to wit: a'. , < PURPOSE STATEMENT: *. 'U,q C. , 11 : --I :-.%1 Â·fÂ·blst.~ga,e~, \~~ Lot 14, West Aspen Subdivision, Filing 1, according to the Final Plat thereof recorded . 1 1.41 - t--14!.?11~344>Â·11-~Â·:YZE-*1 7Â·3-lt.~) Â·-1- 2.4-= A September 5, 1967 in Plat Book 3 at Page 252 as Reception No. 128426 in the Office of A. Condominumize Lot 14, West Aspen Subdivision, Filing 1 the Clerk and Recorder of Pitkin County, Colorado (the 'Property"), 6~.,1, 7 1.J 140~,Â·,~tiff#,Ff; 211646(.2,4~9.-~, Â·Â· hereby certifies that this Condominium Map of the Residences at Sierra Vista has been .:6,2.4../Cdi v , ...... j/(11.~ ...'.~3RmmAH&/bvE/N$Â·fÂ·%54yt/4%JgJ,21 prepared pursuant to the purposes stated in the Condominium Declaration of the "R- 14't-1 ' 1 Residences at Sierra Vista, recorded on , 20__ as Reception No. â€ž~ SHEET INDEX ,~Â·''144 .â€¢,-Â·A 4 a Col,Â»t?15!Â¢Ii ~Â·'>~~~45.'441;*45a (the "Declaration ). ~ 2. DECLARANT: By: SHEET 1 - CERTIFICATES, MAP NOTES, SURVEY NOTES AND CONTROL MAP . Â·,1- 1 Â·t\2:Â·Nar. Â·.. ' '1 J./ -'~~ pOLF COURS-F ~ . : 1 , ...4~':1 ' b.Â·,0. 'Of:> ~-'~~ >4~0):ia.\>% 2 <' ' -'~~~, SITE -1 . ..91.1 K....1 Spencer F. Schiffer, SHEET 2 - UNIT AND COMMON ELEMENT LAYOUT I. STATE OF COLORADO ) SHEET 3 - ELEVATION VIEWS . 7 :1Â·Â·*.4~.'17..ft.4-14.-11:... A +A. 9 Â·:.Â·t..Â· '. '''.://PL'.:'~:.3/::*I.Q..pl:Â·~ ~ ~ .,V.. '' ) ss. 53Â¢WÂ·fi;':TÂ·Â·j):'.j: . .. 'lf 19.4,2 ..Aspen 4 i ..'10-t 1141,40 COUNTY OF PITKIN ) ~,4 i 0 -Â·-iwf,~ 1 .... IL .'.21.3. .. 4. i <OM -'9.'; 1... -- . 4 . /92% ./-/*Ill -,;i â‚¬ .i~(ftkit;Iti{2344(. fl . O SET REBAR & CAP The foregoing Declarant's Certificate was acknowledged before me this ___ day of )479Â©/3 - N . Berr, rÂ·:~~,-+Mr a-.1: January, 2009, by Spencer F. Schiffer . '10~&SU&~,A-.Â·'Akls- .5- -Â· . .~ -U'toprE:.4 ~- Â® FOUND REBAR & CAP 0. '. \ 1 ~. 4 1 ..taifh/,4, < 91 # 04 - 6 ,* \% Itr'4945*6~~:.e# F * CITY OF ASPEN MONUMENT: 6TH & HOPKINS, HOPKINS & WESTEND . t:~*fitiFi':4 My commission expires: LOT 1 LOT 13 fiÂ¢{~1.-Litig\\f4Â·7~dfltf 0 46?i ;hcC: - . Â·Â·,1'-7--~ -~ w'Â·1-4.~Â©*,~ 7;Â·i,~1';.44#*&Â·%-Â·Â·, ; ittj'i-~7/f C,XE.....:20/1''i~~,~).l.j.144.4/ ill i'~Â·'Â·'t..:SELD,/Et. 1/ir'$.'4~9.'146**0:~24661 k)&2~~ 4<.2/$.15 Witness my hand and official seal. LOT 12 . ./- -kS-n..p,Â¥82?'(4/9 /4-Â·D,8. --- ~ Â·2 4//-- ---Â»24.14 '1~1411-12-416,<I'~,Iffs.f { FOUND #5 REBAR 1 \ -,- & PLASTIC CAP -~ ]DT 2 >Â·ff**1~~~2<,.AL#fj~*<-fi~ 4%?ffittlid't j~(~j.Â·fltitÂ·Â·--ik,ore Notary Public 9/1 L.S. 033638 & \ LOT 43 ,)" . ,-,Â· .i' r. SET #5 REBAR ~ SET #5 *BAR PLASTIC CAP LOT 11 VICINITY MAP LOT 42 \\\ & PLAyAC CAP /~ Â». #28643 DEPARTMENT OF COMMUNITY DEVELOPMENT APPROVAL ~1 #28643 SCAI F: 1" = 2000' FOUND 05 48,0 & RED BLAST/C~,dAP 0 1 LOT S TITLE CERTIFICATE This Condominium Map of The Residences at Sierra Vista was approved by The City of /L G/BLE 15ir UNIT 'r~, Aspen Department of Community Development this day of January, 2009. < FOUNE#5 REBAR/' e LOT 10 The undersigned, a duly-authorized representative of Land Title Guarantee Company a title & YELLOWFLASVe 1 SET #5 REBAR Community Development Director LOftAP ILLEGIBLE 1, vib LOT 1 & PLASTIC CAP company registered to do business in Pitkin County, Colorado, hereby certifies that Spencer F. 41 7 460* L.S. #28643 Schiffer P.C. holds fee simple title to the Property, free and clear of all monetary liens and encumbrances except those identified in the Title Commitment issued by Land Title Guarantee 0.* UNIT A Company, Inc. under Order No. Q62000159.1, effective date December 26, 2008 LOT 15 4.79 *98 LOT 4 Although we believe the facts stated on this Map are true, this Certificate is not to be construed FOUND # REBAR L02 13 COMMUNITY DEVELOPMENT ENGINEER'S APPROVAL , dc ALUM/NU CAP as an abstract of title, nor an opinion of title, nor a guaranty of title, and it is understood and NELSON R.O. . 'ET #5 RE AR agreed that Land Title Guarantee Company neither assumes nor will be charged with any financial 9 2 WITNESS P obligation or liability whatsoever on any statement contained herein. This Condominium Map of The Residences at Sierra Vista, shown hereon, was approved LOT 16 D dE LS #28643 by the Community Development Engineer of The City of Aspen this day of f LOT 5 Land Title Guarantee Company FOUND # EBAR T #5 REBAR ~ t~ January, 2009. , & RED PL ic PLASTIC CAP 24'. 1- ~~t<f "JOHNS " L.S. #28643 -al> 9. By: 't. e LOT 12 Community Development Engineer 1 LOT 27 \ LOT 17 / P ~ LOT 18 Date: 14 Address: 533 E. Hopkins #102 \ CONTROL MAP ~ Aspen, Colorado 81611 SCALE: 1" = 100' STATE OF COLORADO ) MAP NOTES ) SS. L--- COUNTY OF PITKIN ) 1) The Residences at Sierra Vista is subject to the easements, rights of way and 6TH & HOPKINS I other matters set forth on the Plat of West Aspen Subdivision, Filing No. 1 1998 aTY OF ASPEN ' CONTROL MONUMENTS recorded September 5, 1967 as Reception in Plat Book 3 at Page 252 of the REBAR & ALUM/NUM CAP The foregoing Certificate was subscribed and sworn to before me this ___ day of January, 2009, Pitkin County records. HOPKINS & WEST END by as L.S. #28650 of Land Title Guarantee Company. 1998 CITY OF ASPEN 2) The Residences at Sierra Vista is subject to the Condominium Declaration of CONTROL MONUMENTS Witness my hand and official seal. The Residences at Sierra Vista recorded this day of January, 2009 as REBAR & ALUMINUM CAP L.S. #28650 Reception No. (the "Declaration"). SURVEY NOTES My commission expires: 1) Date of Survey: September and November, 2008. Notary Public 2) Date of Preparation: September-December, 2008. 3.) Basis of Bearing: A Bearing of S 74Â°14'02" E between the 1988 LIENHOLDER'S SUBORDINATION City of Aspen-GPS control monuments 3.5" Aluminum caps stamped GPS PLS No. 28650 at the Street Intersections of 6th\Hopkins and SURVEYOR'S CERTIFICATE The undersigned, being the holder of a lien on the herein described property West End\Hopkins. Which established a site bearing of N 36Â°50'45" W pursuant to a Deed of Trust recorded as Reception No. in the Office from a set #5 rebar & plastic cap L.S. #28643, monumenting the I, Mark S. Beckler, a registered land surveyor, do hereby certify that I have prepared of the Clerk and Recorder of Pitkin County, Colorado, hereby consents and Southern property corner of Lot 14, West Aspen Subdivision, to the this Land Condominium Map of The Residences at Sierra Vista Condominiums; that the approves this Condominium Plat of the Residences at Sierra Vista and hereby found #5 rebar & plastic cap illegible, monumenting the Western location and dimensions of each Unit and that Unit's identifying number, the location subordinates the lien of said Deed of Trust to the matters set forth herein. property corner of Lot 14, West Aspen Subdivision, as shown. (with reference to established datum) of the horizontal boundaries of each Unit, and the approximate location and dimensions of the Common Element, are accurately and Dated this ___ day of January, 2009. 4) Basis of Survey: The Plat of West Aspen Subdivision filing No. 1, correctly shown hereon; that the same is based on field surveys performed under my as recorded in the Office of the Pitkin County Clerk & Recorder, supervision in September, and November, 2008; that this Condominium Map meets the Timberline Bank in Book 3 at Page 252, as reception #127426, the Improvement requirements of a land survey plat as set forth in CRS Section 38-51-106; and that this Survey prepared by Tuttle Surveying Services dated August, 2008, Condominium Map contains all of the information required by CRS Section 38-33.3-209 By: various documents of record, and the found monuments, as shown. of the Colorado Common Interest Ownership Act. Pursuant to CRS Section 38-33.3-201(2), Its: 5) Sopris Engineering, LLC (SE) relied on Land Title Guarantee's any units described on this Map are substantially completed. The control precision is I further certify that all structural components of all buildings containing or comprising Title Insurance Commitment issued under Order No. Q62000159.1 greater than 1 in 10,000. Recorded easements, rights-of-way and restrictions shown STATE OF COLORADO) with an effective date of December 26, 2008 and the Plats described ) SS. in Note 4 above for recorded information regarding rights of way, Commitment issued by Land Title Guarantee Company under Order No. Q62000159.1, with hereon are the same as those set forth in Section 2 of Schedule B of the Title COUNTY OF PITKIN ) easements and encumbrances in the preparation of this Map. This an effective date of December 26, 2008 Map does not constitute a title search by SE. The foregoing instrument was acknowledged before me this _____ day of January, 2009, by as of Mark S, Beckler, P.L.S. # 28643 6.) Basis of elevation: The 1998 City of Aspen Drexel Barrel control datum, which is based on an elevation of 7720.88' (NAVD 1988) Witness my hand and official seal. on the NGS station "S-159". This established a site benchmark with an elevation of 7857.50 feet, monumented by the set #5 My commission expires: . rebar & plastic cap L.S. #28643 on the South property corner of Lot 14, West Aspen Subdivision, as shown on page 2. ACCEPTANCE FOR RECORDING Notary Public This Land Condominium Map of The Residences at Sierra Vista Condominiums is accepted SOP-RIS ENGIN-EERING - LLC for filing in the Office of the Clerk and Recorder for Pitkin County, Colorado, this day of January, 2009, in Plat Book ___ at Page ___ as Reception No. CIVIL CONSULTANTS 502 MAIN STREET, SUITE A3 NOTICE: ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL ACTION BASED UPON ANY DEFECT IN THIS SURVEY WITHIN THREE YEARS Clerk and Recorder CARBONDALE, COLORADO 81623 AFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT MAY ANY ACTION BASED UPON ANY DEFECT IN THIS SURVEY BE COMMENCED MORE THAN TEN (970) 704-0311 YFARS FROM THF DATF OF CFRTIFICAT1ON SHOWN HFRFON. AJS 28121 12/03/08 28121-CONDO LAND COND0MINIUM MAP OF: THE RESIDEN-CES _AT lIE_R_RA VISTA LOT 14 WEST ASPEN SUBDIVISION FILING 1, SITUAT-ED IN THE S-Wh OF SECTION 1 NE1/4 OF SECTION 11, AND THE N-Wl /4 SECTION 12 TOWNSHIP 10 SOUTH, RANGE 85 WEST OF THE 6th P.M. CITY- OF ASPEN, COUNTY OF PITKIN, STATE OF COLO-RADO - 1 SHEET 2 OF 3 1 - '_ 1 4 - III- 11- 11 -t - 1 - 1 1. LOT 2 SNOWBUNNY SUB. Bdu: ':'~ -:Â· LOT 3 CONCRETE .. . ' . SNOWBUNNY CEMETERY LANE VALLEY PAN ': #' SUB. , .;..... (C.R. 19) Â· ASPHALT SURFACE 0 ..5.3 -jilt<*35.1 R.O.W. VARIES CONCRETE CURB & GUT1ER -.. SET #5 REBAR .DRAA A.?'26 .:Â·SÂ·'*.Rr'Â·â€¢ & PLASTIC CAP 1%1%.2~':~f :.L~:14-' 2.1. Â· GRAPHIC SCA E L.S. #28643 :->*.11Â·~1 2 -4.- 10 0 5 10 20 40Â©I 64 .//1/74Â« ASPHALTPATH ( IN FEET ) 1 inch = 10 f / 81.6-5 S 36*50'45" E 160.45 1 / / I LOT 43 , , , /1 10.0' UNDERGROUND / 60.0* UTILITY ESMT , X // / , 3/ ~~.Ar 64 R.O.W. 1 1 ../ //r 27.4' . i .// / Im / i. Off/ - 31.5' ' ~ 30 1. ---Ut-- / SET #5 REBAR U Q- rige ~ -& PLASTIC CAP y - STONE ----,4.---di L// //,>/. ~1///7. >/ ~/ E,4Â£2 25.0' L.S. #28643 BUILDING n BUIEDING ENVELOPET - - CONCRETE SETBACK f 22.0' DRIVEWAY LINE TABLE \\\ CONCRETE PORCH , 10.0' COLUMN _ _l- 1 f / ~ DR/VEWAY UNE LENGTH BEARING 30.00 1. '. a 'I * DRIVEWAY U 32.00' N 53Â°09'15" E / / 14 EASEMENT L2 14.75' N 36Â°50'45" W O N a- 2 -3 r STONE L3 44.00' N 53Â°09'15" E 0 10.O FACIA I,4 | 21.79' \ N 85Â°51'45Â·" W NO Q 2 70 N 20 *Â· O . 2.0' 0 /f ~ A PA no WW 0 27 CONCRETE 0 26.5, L 11.5, 228' 4 // 45 CURVE TABLE 1325 SIERRA VISTA DR. 4'3 17.5' r CURVE LENGTH RADIUS TANGENT CHORD BEARING DELTA 2.0* 8.0' UNIT B 8,450 sq. ft. 10.0' 4 / Cl 8.56' 10.00' 4.56' 8.30' N 32Â°05'43" E 49Â°01'00" 7,595 sq. ft. UNDERGROUND . I 30.2' 985 CEMETERYLN. 0.174 acres (O UTILITY ESMT. 0 UNIT A PER llC 0 0 0 < PARTY WALL m i v , 1.8' l.' 0 / 1 PORCH F .4 0.194 acres /~ /' ~ COLUMN 7 , 1 1 AREA SUMMARY 9.1' 1.3' 29 f ,Â·'' Lot 14: 16,045 s.f. 7, 3 F 4 1 12 16.8' . /~ ~~YARD Unit A: 8,450 s.f. 4.1 U' ' DRAN F , k Unit B: 7,595 s.f. 4 2 BUILDING 1 9 9 h k 1' Wl NESS TO Â· ** LOT 13 16,045 s.f. LU SETBACK 3-------1 85 5 - 4! PROPERTY CORNER 20.0' 1 ... 0 <O 2- l/ I ' 0 â‚¬ O 00 . / 0- PX .4,4 . 1 00 4 NOF * 06 43 CONCRETE 1) ' ': I. / / 1 9 PAT/O 1 /1 16.4' , :'. A VIEW PLANE - WW 10.0' 25.3' EASEMENT FOR PADO SETBACK CONCRETE BENEFIT OF UNIT B BUILDING ' MAP NOTES / \Er, 56 09,3 j - 1/; ~ n/Ai~ 6/ The exterior vertical perimeter walls, the air space / ....uuk EN "ri -YARD 5088. 44#OPE--3 5.0' / DRAIN to a height 50 feet above the elevation of the finished EL. . .IIi FOUND #5 REBAR L UNDERGROUND floor on the main level of a Building, and the land to LEGEND & RED PLASTIC - -22.9' 1 UTILITY ESMT. a depth of 20 feet below finished floor of the main CAP ILLEGIBLE . I Â© ELECTRIC MANHOLE --- level of a Building, including the Building foundation, / r---! 1 --- ~ --- - shall mark the perimeter boundaries of a Unit as -- WW VWNDOW WELL 5.0' ./ / 1 1 ' .4 , 7-7---L 1 1 ---- shown on this Condominium Map and as further defined N 36Â°50'45" W BASIS OF BEARING CATV PEDESTAL 1/ 0/ 1 7 . UNDERGROUND 8 and described in the Declaration. TELEPHONE PEDESTAL UULATY ESMT.,0, , lÂ£ 2) The Units are subject to easements for the service ELECTR/C METER -1/~7.-3.~-72--1-7.4-1_ I ; i ' Il ..4 160.45' .L .4 -/ ''-:*-- p. 6 utility lines and facilities serving the Units and other ELECTRIC TRANSFORME 75 0, easements as provided in the Declaration. SET REBAR /1/:.:I. SEWER CLEANOUT & PLASTIC CAP L.S. #28643 (TYP.) 10.0' 3) See Paragraph 3 of the Declaration for a O SEWER MANHOLE BUILDING description of the obligations and responsibilities @ DRYWELL SETBACK PROJECT BENCHMARK associated with the common walls that divide the Units. WV FOUND #5 REBAR M WATER VALVE & PLASTIC CAP 4) All areas North and West of the common unit 2 DRAIN LOT 15 ELEV. =7857.50' boundary are appurtenant to Unit B; All areas South L.S. # 28643 n GAS METER and East of the common unit boundary are ~ appurtenant to Unit A. 0 0 WOOD FENCE 5) Setbacks & Utility easement are from the record i ike' s,9,1.N?'vÂ¥**6 10*6 2.'111, plat of the West Aspen Subdivision, Filing No. 1, and the building permit submittal drawings. SOPRIS ENG-INEERING - LLC CIVIL CONSULTANTS 502 MAIN STREET, SUITE A3 NOnCE ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL ACT10N BASED UPON ANY DEFECT IN â„¢IS SURVEY WITHIN THREE YEARS CARBONDALE, COLORADO 81623 AFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT MAY ANY ACTION BASED UPON ANY DEFECT IN THIS SURVEY BE COMMENCED MORE THAN TEN (970) 704-0311 AJS 28121 12/15/08 28121-CONDO YFARS FROM THF DATF OF CFRTIFICAnON SHOWN HFRFON, SIERRA rSTA DRIVE 100.00' ASPHAL SURFACE 01 08 fil ilE;gll LAND COND0MINIUM MAP OF: THE RESIDE_NCES AT SI_E_NRA_ -VIET_A LOT 14 WEST ASPEN SUBDIVISION FILING 1, SITUATED IN THE S-W-14 OF SECTION 1 -N-El/4 0-F SECTION 11, AND THE NW1 /4 SECTION 12 TOWNSHIP 10 SOUTH, -RANGE 85 WEST OF THE 6th P.M. CITY OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO SHEET 3 OF 3 NOTES 1) THE ELEVATIONS SHOWN HEREON INDICATE THE HEIGHT AND LOCATION OF THE IMPROVEMENTS ON THE PROPERTY. THEY ARE NOT MEANT TO DELINEATE OR LIMIT THE BOUNDARIES OF THE UNITS WHICH ARE AS SET FORTH IN MAP NOTE 1 ON SHEET 2 AND ARE FURTHER DEFINED AND DESCRIBED IN THE DECLARATION. 2) PLAN & ELEVATION VIEWS ARE FROM ARCHITECTURAL DRAWINGS UPDATED WITH AS-BUILT DIMENSIONS AND ELEVATION INFORMATION. 3) FF = FINISHED FLOOR ELEVATION AT ENTRANCE. 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