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Home My WebLink AboutLand Use Case.934 S Mill St.0002.2008.ASLUTHE CITY OF ASPEN City of Aspen Community Development Department CASE NUMBER PARCEL ID NUMBER PROJECTS ADDRESS PLANNER CASE DESCRIPTION REPRESENTATIVE DATE OF FINAL ACTION CLOSED BY 0002.2008.ASLU 2737 18 2 02 205 934 S. MILL ST JASON LASSER RES. DESIGN AMEND SUNNY VANN 11/26/2008 Angela Scorey on 11/2/2009 934 S. MILL ST 0002.2008. ASLU -ZÂ»WA/0 1 49 1 A 7 PARCEL 5, TOP OF MILL SUBDIVISION/PUD 8040 GREENLINE REVIEW APPLICATION AN APPLICATION FOR 8040 GREENLINE REVIEW, VARIANCES FROM THE RESIDENTIAL DESIGN STANDARDS, AND ACCESSORY DWELLING UNIT APPROVAL FOR PARCEL 5, TOP OF MILL SUBDIVISION/PUD Submitted by: Ian and Isabelle Loring 5 Polo Field Lane Dedham, MA 02026 (617) 312-6664 January 15, 2008 Prepared by: VANN ASSOCIATES, LLC Planning Consultants 230 East Hopkins Avenue Aspen, Colorado 81611 (970) 925-6958 PROJECT CONSULTANTS PLANNER SURVEYOR Sunny Vann, AICP Kendrick Neubecker, L.S. #24325 Vann Associates, LLC Schmueser Gordon Meyer, Inc. 230 East Hopkins Avenue 118 West 6th. Street, Suite 200 Aspen, CO 81611 Glenwood Springs, CO 81601 (970) 925-6958 (970) 945-1004 ARCHITECT David Finholm, AIA Finholm Architects, Inc. 111-L Aspen Airport Business Center Aspen, CO 81611 (970) 925-5713 ATTORNEY David C. Uhlig, Esq. Klein, Cote & Edwards, LLC 201 North Mill Street, Suite 203 Aspen, CO 81611 (970) 925-8700 CIVIL ENGINEER Jay Hammond, P.E. Schmueser Gordon Meyer, Inc. 118 West 6th. Street, Suite 200 Glenwood Springs, C) 81601 (970) 945-1005 1 TABLE OF CONTENTS Section Page I. INTRODUCTION 1 11. PROJECT SITE 3 111. PROPOSED DEVELOPMENT 6 IV. REVIEW REQUIREMENTS 24 A. 8040 Greenline Review 24 B. Residential Design Standards 25 C. Accessory Dwelling Unit 29 D. Vested Property Rights 31 APPENDIX A. Exhibit 1, Pre-Application Conference Summary Exhibit 2, Title Insurance Commitment Exhibit 3, Permission to Represent Exhibit 4, Land Use Application Form Exhibit 5, Dimensional Requirements Form Exhibit 6, Application Fee Agreement Exhibit 7, List of Adjacent Property Owners 11 TABLE OF CONTENTS Section Page APPENDIX B. Exhibit 1, Top of Mill Subdivision/PUD Final Plat Exhibit 2, City of Aspen Storm Drain Pipe Easement Exhibit 3,1975 Topography/Grading and Drainage Plan Exhibit 4, Letter from Alan Richman Planning Services C. Exhibit 1, Top of Mill Subdivision/PUD Agreement Exhibit 2, Letter from Top of Mill Site and Architectural Review Committee D. Exhibit 1, Letter from Hansen Construction iii 1. INTRODUCTION The following application requests 8040 Greenline Review approval for the development of a single-family residence and a detached accessory dwelling unit ("ADU") on Parcel 5 of the Top of Mill Subdivision/PUD (see Pre-Application Conference Summary, Exhibit 1, Appendix A, attached hereto). The proposed development will also require two variances from the City's Residential Design Standards and accessory dwelling unit approval. Vested property rights status is requested for all approvals granted pursuant to this application. The application is submitted pursuant to Sections 26.410, 26.435.030 and 26.520 of the Aspen Land Use Regulations (the "Regulations") by Ian and Isabelle Loring (hereinafter "Applicant"), the owners of the property (see Title Insurance Commitment, Exhibit 2, Appendix A). Permission for Vann Associates, LLC, Planning Consultants, to represent the Applicant is attached as Exhibit 3, Appendix A. A land use application form, dimensional requirements form, application fee agreement. and list of property owners located within three hundred feet of the project site are attached as Exhibits 4, 5,6 and 7, Appendix A, respectively. The application is divided into four sections. Section I provides a brief introduction to the application while Section II describes the project site. Section III of the application outlines the Applicant's development proposal while Section IV addresses the proposal's compliance with the applicable review criteria of the Regulations. For the reviewer's convenience, all pertinent documents relating to the project (e.g., subdivi- sion/PUD agreement, etc.) are provided in the various appendices to the application. While the Applicant has attempted to address all relevant provisions of the Regulations, and to provide sufficient information to enable a thorough evaluation of the H k 1 Aspen, CO, United States of America - Google Maps 12/19/0711:26 AM Address ~ Get Google Maps on your phone dc) < Ble Aspen, CO ,/~) Text the word "GMAPS" to 466453 r.. d a :C = 3 10' G le.+111<: 9 140 I T, LE â‚¬ i /'Â·8 5! . f * S,Â»A.1. N: ff 1 F-~' 2: 1 1 .,4 ... - .... 1 1 E 6% u., ./. 11'14â€ž .9, .,'' n 4#4 2 0 - IJR:Of D -'.3 il . 2-: 1-C, 'hi. C e -1 - 2 ...1 'D R,11 1-:!UÂ·'llt Â· , 1 :2 4.1 r -7 :t- '14 - . 4/ " &- ~ | al J. %- 1 2 ' 2 Xâ€¢ ' 9 L e " . i. t, 1. P J. .0 .0 d 1. 0 '11.3'..4.. - 4 - 03 _m c C popor Ar' -t- 2 4 1 , Pa,â€¢: .. - - L .I,1.6.r: . _ A':pen Gl - 1 .1 SITE ~ Â·Â·r. 7. .t- ~- .)* (3, 1. 1. Â©2007 Google Map data Â©2007 N~,%/TEQTâ€ž http:/ /maps.google.com/maps?q=Aspen,+CO,+United+States+of+Ame...Sll=39.190023,-106.81818&spn=0.021387,0.035748&2= 15&om= 1&pw=2 Page lofl application, questions may arise which require further information and/or clarification. The Applicant will provide such additional information as may be required in the course of the application's review. 11. PROJECT SITE As the Improvement Survey Map on the following page illustrates, the project site is legally described as Parcel 5, Top of Mill Subdivision/PUD, A Planned Community, according to the final plat thereof recorded August 18, 2002 as Reception No. 4711099 (see Exhibit 1, Appendix B). The property's Parcel I.D. Number is 273718202205. Parcel 5 is located at the base of Aspen Mountain and adjacent to Top of Mill Street, a private road which is accessed via South Mill Street. The property contains 10,806 square feet of land area and is zoned L (PUD), Lodge, Planned Unit Development. Parcel 5 is presently being used as a staging area for the construction of a single-family residence on adjacent Parcel 4. Parcel 5 contains a designated building envelope, the dimensions of which were established in connection with the City's approval of the Top of Mill Subdivision/PUD. The property is encumbered with several easements, all of which are located outside of the building envelope. A four foot sidewalk easement is located adjacent to Top of Mill Street and within the property's front yard setback. A five foot by eleven foot utility easement, which is also located within the front yard setback, abuts the property's northwest corner. A ten foot drainage easement parallels the property's eastern boundary and coincides with the approved side yard setback. As the easement grant to the City indicates, the grantor reserved the right to use the easement for all purposes which do not unreasonably interfere with the City' s ability to maintain the storm water drain pipe located therein (see Exhibit 2, Appendix B). Access to Parcel 5 from Top of Mill Street is provided via an access easement which encumbers Parcel 4. 3 Irnprovernent Survey Map Parcel 5 \ \ Top of Mill Subdivision/PUD City of Aspen, Pitkin County, Colorado 1 1 1 1 1 , TOP OF MILL STREET / , , &74 / '36'05'W b' lilli ' Frid #5 Rebor -14.-~ 22 28' f -2,7 -- --- C.-- 0 6,/ f . d/ / L.ri j Cl 4Â· 4' Sidewolk I PARCEL #3 --3 --- E."ment --tr 5' 75 r .3- /3-7- fÂ»k - Legal Description: Porcer 5, TOP OF MU 4, M I to the Final Plot for Top of Mill Subdivision/PUD, c ~ Pile 4 ' l 1/ i Plonned Community recorded 18 August 2002, in Pict SUBDMSION/PUD, A PLANNED COMMUNITY, according 1Â·Grovel/Sno* ---7 1 49 1 ~// FOR PARCEL 5& the County of Pitkin, Stole of Colorado. / // ACCESS EASEMENT 2034/ Book 62 at Page 04 as Reception No. 4 71099 ;n 1 1 . 111 Â¥~ / 1 DRAINAGE EASEMENT /2,/~t/1 ta / i '-, - BASIS of BEARING' Beorings ore relotive to o ~ Portable 91. ll 1111 j1 li1,.1 bearing of S 45'10'13"W 1618.04 feet between Yellow - Toilet /~ i' PARCEL /44) Plastic Cop (No L.S. number) ond rebar found at SE I | Dumpste~ \ 10 corner block 90, City of Aspen, ond No. 5 rebar and Â«Â»e., ~I .113'f/~. ,Dirt Pile'A plastic cop L.S. 20151 found on southwesterly line end of S 45-00'00'W 41.90 feet course on south line ~24. /4 i/ 21 of 101 3, Aspen Mountain Subdivision ond P.U.D. PARCEL #6 , PUE 4 43Â« / b - This survey does not represent o title search by | this surveyor to determine ownership or to discover + 4 eosements or other encumbronces of record. AN 4 jf informction pertaining lo ownership, eosements or rv 7 w other encumbronces of record hos been foken from o title insuronce commitment issued by 2 /4 Commonwealth Lond Tme insurance Co. os Cose No. 3 f Â·~ ~ PCT 18369C2 dated 02 January 2004. Pertoining to Schedule B-2 of soid Cose No. PCT 1836902: Items 1 thru 7 Are Standard Title Commitment I ..4, \ PARCEL #5 Exceptions. * Items 8. 9. 10, 11. 12, 14, 16. 17, 19, ond 20: 10 806 SO /7- k* ~Temp affect subject parcel but con not be graphically dep,-cled. * k I Power 1 14 Afeters Item 18: Does not offect subject parcel. Items 11 15 and ore shown hereon. J : / 992 1 .. . 1 % 15 8 -This Parcel is vacant, although currently being 0/Pt File . 0 4: used cs o construction staging area ond is subject to o Staging Area Liscense Agreement between The 61 8 Boily Family investment Company, Licensor, and Wodehouse-Augello Builders-Aspen, LLC, Licensee. L- 10 - Due to construction activity monuments were not set at property corners along the front of this Set Pin & Cop ~ PARCEL #4 POECel. LS 15710 10 1 - 1 L- 1 - 4 Surveyor's Statement. ~ 9 1, Kendrek Neubecker, being o Regittered Land Surve,or #h the Tra,/er \ / 0 i State 0/ Cotorodo, do hereby state thot this imp,ovement survey wos mode under my supervision and ts true ond correct to ihe Tro,yer -.- improvements on the above described parcel on this date, Morch 2 best of my bejief ond knowledge. I further stote thot the \\ 1 23, 2007. except uti{,ty connections ore entirely within the boundaries of the parcel, except os shown, thot there ore no encroochments upon the described premises by improvements on 7739,â€¢ SCALE: 1 "= 1"=10' any adjoining premises except as indicated, ond 1 hot there is no apparent evidence or sign of any eosement crossing or burdening ory parl of soid parcel. except as noted. Fnd Pin & Cop CURVE TABLE LS 157 10 CURVE RADIUS LENGTH TANGENT CHORD BEARING DELTA Ci 75.50 29.40 14.89 2921 585'45123"E 22'18 37 C2 90.50 30.70 75.50 30 55 584Â·19'09'E 2976 08 t)4-, 2/, 2.007 ~ULL\1,6-'44k C3 75.50 24.81 12.52 24.69 N73'40'35"E !8'49'28* Kendrick Neubecker L.51 4\ ...# AbbeÂ¢,Â· REVISIN DATE BY Job No 2007-349.001 Accord# M CNOÂ«,do Lc'. Fouse SCHMUESER GORDON MEYER N= 1 comm./. Iny ./0, oction boled 'pol Iny 118 W. 6TH STREET, SUITE 200 Parcel 5 Drown by, kn <fe/e<N in this iurwâ„¢ .dhin th,le yely. 0Â¢1 r, yeu N~ discove, such eetec~ le % event GLENWOOD SPRINGS, COLORADO 81601 Improvement MI vy /9/ ec hoo besed "M wy delâ‚¬t (970) 945-1004 FAX (970) 945-5948 Oate. 3-19-07 CRESTED BUTTE, CO (970> 349-5355 r mis s.ve, be commelce' mer' ./. /. SCHMUESER I GORDON I MEYER ASPEN, COLORADo (970) 925-6727 Top of Mill Subdivision/PUD Survey OF 1 pea./ '.,orn R K. 0. ~he ce,64/fion ShÂ©'vn 8 PeÂ«e' 5 - /5 de Approved 6# 1 *98 '2 DRAINAGE 0.007..90/Id</Il./ I - .... 50-0Â· r... 0/ ./ 7002 950- P... ... 20 0- 2.I "le- re.in. Parcel 5's natural grade for building height measurement purposes is depicted on Sheet C3, 1975 Topography, and Sheet C4, Grading and Drainage Plan, which were recorded contemporaneously with the Top of Mill Subdivision/PUD final plat (see Exhibit 3, Appendix B). The grades depicted thereon have been used in the design of the Applicant's proposed residence as well as the other residences which have been developed to date within the subdivision. -- With respect to allowable height, it should be noted that the current incarnation of the L, Lodge, zone district does not allow single-family residences as a permitted use. Confirmation as to the ability to construct a single-family residence on Parcel 5, however, was obtained by Alan Richman in January of 2007 (see Exhibit 4, Appendix B). While the Community Development Department ("COMDEV") also confirmed the allowable floor area of the proposed residence, it did not address the issue of height. As the L, Lodge, zone district does not contain an allowable height limit for single-family residences, COMDEV has since determined that the applicable height limit is twenty-five feet (i.e., that which is presently permitted in the City's residential zone districts). Pursuant to Section 9.15 of the subdivision's Master Declaration of Protective Covenants, the applicant is required to construct a debris flow deflection wall, the location of which is depicted on the final plat, no later than the completion of the foundation work for the residence. The deflection wall was approved by the City in connection with the approval of the Top of Mill Subdivision/PUD. The protective covenants also establish performance standards with which all construction must comply. The standards govern excavation and construction; the removal of contaminated soils; dust suppression; landscaping; soil testing; and restoration following construction. The deflection wall will be constructed prior to the residence's foundation and all require- . P ments regarding excavation and construction will be strictly adhered to. 5 111. PROPOSED DEVELOPMENT As the architectural plans and elevations on the following pages illustrate, the Applicant proposes to construct a seven bedroom single-family residence with seven full baths and two half baths, and a one bedroom accessory dwelling unit on Parcel 5. The residence will contain approximately 5,163 square feet of floor area inclusive of the proposed ADU. The ADU will contain approximately five hundred square feet of net f Â«1 livable area and will be registered with the Aspen/Pitkin County Housing Authority ("APCHA") and deed restricted in accordance with Section 26.520.070 of the Regulations. As no floor area bonus is requested, mandatory occupancy will not be required. On-site parking for the residence will be provided in an enclosed two car garage. One additional surface parking space will be provided for the ADU adjacent to the garage and within the existing drainage easement. Please note that the allowable floor area for Parcel 5 was established as 5,200 square feet inclusive of any on-site ADU in connection with the City's approval of the Top of Mill Subdivision/PUD (see Article 2, paragraph 2.2(e), Top of Mill Subdivi- sion/PUD Agreement, Exhibit 1, Appendix C). As discussed previously, the property's allowable floor area has been confirmed by COMDEV. Article 2, paragraph 2.2(i) of the Agreement requires the provision of an on-site ADU or a cash-in-lieu payment thereof for affordable housing mitigation purposes. The form of mitigation, however, is at the discretion of the parcel owner. In the event constructed, the ADU must be approved, constructed and deed restricted in accordance with the City's ADU regulations in effect at building permit submission. The proposed residence has been sited in the northernmost portion of the building envelope so as to maximize its southern exposure. 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Il IEVISIONS 12/1//07 1 1 1! __ J 1 1 1 PTIAN BÂ¥ eze 1 - 1 1 1 1 15+Sro â€¢OR: 1 1 li SCHEMATIC ADU Upper Level Plan 1 j l 1 U er Level Plan I i â‚¬01 1/4" - 1.-0. 1 1 1 A2.4 1/4"= 1'-0" SCALE FOR 24"X 36"SHEE S 1/8"=1'-0" SCALE FOR 11"X 17"SHEE S I , l .e/L L -.Lt j a.-fili L Lt,t,-Orb-OLb XÂ¥=1 â‚¬ 2 1%14% 121,1 .ONI '60109-LI 3'-O" eouap! Â¥~0100 'NZcISÂ¥'S 0 0 0-3 0 0 0 0 0 31 , a*. 11 11 44 gE mm 71 71 OO 4* XX 4* 0 0 II EE 0) 0 A Custom Residence ........EmimmI Uto for the Loring's .....Im.. T cp of MILL SUBDIVISION, LOT #5, ASPEN, COLORADO -2.9. .1,1 FINHOLM ARCHITECTS, INS. -, ULL-2:U~-i--~nd I 1" f i-i-~"-I~al.Â© 1 11 -I- ASPEN BUSINESS CENTER 44,294"irT/ril/1/Fli//7/0/ V r U] ASPEN, CO. 31611 410-425 5713 FAX 970-420-4471 -/ r m Ut/' r-1 u r. 00 00 00 EEJIB PHEBE -UOIWAel) ~qUENV~-~ O11Â¥haHOS I *EV 6 0/ I 1/3 L Sh LO/L Th It- Li dic Â· 3 6<2112.=0/.Pl"zre-2...:61:6.d ./:Chi 4 - .. -- --.... 1 -- 4-lii'=--22~:fi,~-*=40 ~)'~TiW--~-1,-~: -I.E~:~ =.I;:6 ' ' - . I . 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COLORADO FINHOLM ARCHITECTS, INC. M --Il---. _---$J~-1'.I ~S~EN,~161131:-=Mle FAX â€¢PTO-120-4411 0 NOI1VA313 HlnOS naÂ¥ 9 EV LO/'l/" -KU EE , E % - J ..2/.I~ &Â¥*131222*%Â§20*822*iggli*223 %2~*Â¥1*L + 11=11 1~.111.0111.===-= = 111.1. /--- :.M 11 1 Ill ~1022**3* Â»,T -~'.....1*%2*82* /.-.://*I-/ip*/Â£..=A-Â£=.=,9 imith er- 11-'.LI-'w/-6,3-i - 1~11-41...2 -1 Ilit....74"9.- 4-vi. lilli 11-11"/al-- 4 .. 0 1 CS'Â·1 ' 4 .*,El/2......'.~.all 1 4 . 4 1~11 ~Â»f .-. I , . 1 1 0 . I tl -- 592,32Â§55~5~1~Sia>' .. -â‚¬ate&81â‚¬Si~â‚¬24 .e. 36%*YS*59;Y***YP->f>*-92021221.i265.*... ......... ....----- 7=22+ZEESECEEEW' --- .24 --- _. 2 1 ,Â£â‚¬*zâ‚¬-I+Zâ‚¬â‚¬â‚¬-ZeÂ«-~ --I--1- 1.~0 -=1...:----04*'1"mum *4111111 111111111dk<-5-----2-F~L Jm~I.~71-1~- . 4 9:.74itia#learcrkitiu~kilti.25$. 1116,111.Illllllllllirilll111lituml 1~1 Â¥.9Â¥24, :Cdâ‚¬..2.1 I - . :ip : 0 1 -----6 -- ff e. 21. 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U .- .,l l., 3 -- - a â€¢. 1/1 1Â£ C '' I TA--1 1 /1 1 -L- p.mill 14 1 1 1.- . - 1 1 .- 'Ill 14_4# A \ Â£ I .1 \ 1 ~=377 -il il i l il 11 cul b=/A - 74 W-- .l==fl-- f- [ 0 ll O rj- 12- \ -./1 ,1 0 ez 2 0 11= 0- 0 9 m Â·en /19 3 A Custom Residence Finholm 0 2 6 9 for the Loring's ARCHITECTS TOP OF MILL SUBDIVISION, LOT #5, ASPEN, COLORAPO â€¢ 1 ! ,0=7--I~'rl FINHOLM ARCHITECTS, INC. 4 111-6 ASPEN BUSINESS CENTER ' ASPEN, CO. 31611 470-925 571 3 FAX 470-420-44-1 1 mugmmm Z.OV BAiloadsjed js OllÂ¥Â»laHOG LO/b L /I L SNO -1 0O 21-- =f fL 6, 100 il*TA -1 -0 .lilli. UU 1 HZ,l~*MWN#Ni fÂ° 0 LI 1 \ O 6-- -117 Â©4 22--I: U 07 1 2 1 00 - 11 1 1 0 .glf 03 -17 V E -. 0, 0 A Custom Residence Finholm H K I 0 for the Loring's ARCHITECTS T OP Or MILL. SUBDIVISION, LOT #5, ASPEN, COLOICAPO 'll FINHOLM ARCHITECTS, INC. #I- ~livit# 1 1 1-L ASPEN BUSINESS CENTER Ub ASPEN, CO. 31611 q 70-925 57 15 FAX q 70-120-4471 Â£ OV eA!loadsied 1SeAA4JnoS 0000 .Olly'.1 OIlÂ¥~:HOG LO/l =,9 LO/k, I /5 I - 7-F, 0 0 0 I 1 1 111'll Illi 0 1 1 12 - E (D m / % lili 11 1 ~ 0 1 039 5 A Custom Residence -imimmI 8: 6 6 9 for the Loring's i"i.:1...... TOP OP MILL SUBPIVISION, LOT *5, ASPEN, COLORADO 7 /" 4 FINHOLM ARCHITECTS, INC. 214[ til* LU~,E .... ~ 4 111-L ASPEN BUSINESS CENTER ' ASPEN, CO.31611 f70-925 5713 FAX 'I,O-<20-4471 1~7 li r--1 21._.1. 1111 1 1 LL J _ 8/1 EE N. - I OV =.910/Â£ 99 OilÂ¥Â»laHOG LO/k, L /Z L GN Parcel 4. The detached ADU is located behind the residence in the southern portion of the property. A large terrace, which abuts the debris flow de flection wall to be constructed along Parcel 5's rear property line, will provide usable outdoor space for both the residence and the ADU. Pedestrian access to the residence will be provided from Top of Mill Street via the adjacent sidewalk and entry walkway. Access to the ADU will be provided directly from the outdoor terrace via-exterior stairs and a walkway from the ADU parking area. Pedestrian access from the Top of Mill Street sidewalk to ADU parking area will be provided via the Parcel 5 access easement and the driveway to be constructed therein. Both the stairway and terrace will be snowmelted. The proposed residence has been designed in compliance with the Top of Mill Subdivision/PUD's adopted design guidelines and, to the extent feasible, with the City's Residential Design Standards. Two variances from the Residential Design Standards, however, are required and are discussed in detail in Section IV.B. of this application. Conceptual design approval has been granted by the Top of Mill Site and Architectural Review Committee pursuant to the subdivision's design guidelines (see Exhibit 2, Appendix C). As the architectural elevations illustrate, the residence consists of a two story structure which has been nestled into the sloping site to reduce its apparent bulk and mass. Its roofs forms are fragmented and include dormers, overhangs, brackets, and trusses to further reduce the mass of the structure. The residence's principal building materials include stone veneer, horizontal wood siding and a wood shingle roof. As discussed previously, the Community Development Department has determined the maximum allowable height limit for Parcel 5 to be twenty-five feet as measured pursuant to the City' s current land use regulations. The proposed residence complies with this required height limit as measured pursuant to the Regulations and the property's recorded 1975 topography. 23 IV. REVIEW REQUIREMENTS The proposed development is subject to 8040 Greenline Review, two of the City's Residential Design Standards and its accessory dwelling unit regulations. Each of these review requirements is addressed in this section. A. 8040 Greenline Review Pursuant to Article 2, paragraph 2.1(c) of the Top of Mill Subdivi- sion/PUD Agreement, the development of Parcel 5 is subject to 8040 Greenline Review by the P&Z. The Applicant, however, need only comply with review standards number 3 and 7 which are contained in Section 26.435.040.C. of the Regulations. Compliance with the remainder of the standards was determined in connection with the property's prior subdivision/PUD approval. The applicable review standards, and the proposed development's compliance therewith, are summarized below. 1. The proposed development does not have a significant adverse affect on the air quality in the City. The Master Declaration of Covenants for the Top of Mill Subdivision/PUD specifically addresses excavation and construction; the removal of contaminated soils; dust suppression; landscaping; soil testing; and restoration following construction. As the attached letter from Hansen Construction indicates, all entities and subcontractors involved in the construction of the proposed residence will strictly adhere to the Covenant's requirements (see Exhibit 1, Appendix D). In addition, Article 2, paragraph 2.2(r) of the Top of Mill Subdivision/PUD Agreement requires the submission of a construction management plan prior to building permit issuance which also addresses the measures to be undertaken during construction to minimize adverse impacts to air quality. The measures to be undertaken will comply with all applicable requirements of the City's Environmental Health Department. 4 1 24 2. Building height and bulk will be minimized and the structure will be designed to blend into the open character of the mountain. As discussed previously, the proposed residence has been designed to comply with the City's Residential Design Standards and the Top of Mill Subdivi- sion/PUD' s design guidelines. The residence has been nestled into the site and numerous architectural features have been incorporated to reduce it apparent bulk and mass. These features include the use of fragmented roof forms, dormers, overhangs, brackets, and trusses, all of which further help to breakup the structure's mass. It should also be noted that the proposed residence will be lower in height than its immediate neighbors due to COMDEV's imposition of a twenty-five foot height limit. The adjacent residences were subject to the former L/TR zone district's twenty-eight foot height limit that was in effect at the time their building permits were issued. B. Residential Design Standards Pursuant to Section 26.410.010.B. of the Regulations, all residential development requiring a building permit is subject to compliance with the City's Residential Design Standards. Pursuant to Section 26.410.020.D., administrative variances from the standards may be approved by the Community Development Director if no more than three variances from the standards are requested. Variance requests which do meet the requirements for administrative approval may be granted by the P&Z. As the proposed development will require only two variances, P&Z review and approval is not required. The requested variance may be approved by the Community Develop- ment Director. The applicable Residential Design Standards, and the proposed development's compliance therewith, are summarized below. 1. Section 26.410.040.A. 1., Building Orientation. Oncurvilinear streets, the front facade of all structures shall be parallel to the tangent of the midpoint 25 of the arc of the street. Given Parcel 5's limited street frontage, and the resulting configuration of the approved building envelope, no reasonable ability exists to design a residence meeting this requirement. As the proposed site plan illustrates, the east and west facades of the residence, and the south facade of the ADU, parallel the parcel's building envelope lines. The proposed residence is also oriented in line with the existing residence on adjacent Parcel 6. A variation from this .standard, therefore, will be required. 2. Section 26.410.040.A.2., Build-to Lines. On parcels or lots of less than 15,000 square feet, at least 60 percent of the front facade shall be within five - feet of the minimum front yard setback line. As discussed above, only a small portion of Parcel 5 (i.e., approximately 22 feet) abuts the street. The front yard setback line is even shorter given the property's previously approved side yard setback requirements. No reasonable ability exists, therefore, to located a minimum of 60 percent of the proposed residence's front facade within five feet of the front yard setback line. Notwithstanding these constraints, approximately 57 percent of the residence's front facade meets this requirement. A variation from this standard, therefore, will also be required. 3. Section 26.410.040.A.3., Fences. This standard does not apply as no fences, hedgerows, planter boxes or man-made berms are proposed. 4. Section 26.410.040.B.1., Secondary Mass. All new single- family and duplex structures shall locate at least 10 percent of their total square footage above grade in a mass which is completely detached from the principal building, or linked to it by a subordinate connecting element. The detached ADU constitutes a secondary mass which contains 12 percent of the proposed development's above grade square footage. This review standard, therefore, has been met. 26 5. Section 26.410.040.C.1.a., Parking, Garages and Carports. Pa -king, garages and carports shall be accessed from an alley or private road. The proposed residence is accessed from a private road. 6. Section 26.410.040.C.1.b., Parking, Garages and Carports. If the garage doors are visible from a street or alley, they shall be single-stall doors, or double-stall doors designed to appear like single-stall doori The proposed residence's garage complies with this standard as it contains two single-stall doors. 7. Section 26.410.040.C.1.c., Parking, Garages and Carports. If garage doors are not visible from a street or alley, the garage doors may be either single-stall or normal double-stall doors. This standard does not apply as the proposed residence's garage doors face the street. 8. Section 26.410.040.C.2., Parking, Garages and Carports. This standard does not apply as Parcel 5 is not accessed from a public street. 9. Section 26.410.040.D.1.a., Street Oriented Entrance and Principal Window. The entry door shall face the street and be no more than ten feet back from the frontmost wall of the building. Entry doors shall not be taller than eight feet. The residence's entry door complies with this standard. It is located on the front most wall of the structure facing the street and measures 3.5 feet wide by eight feet high. 10. Section 26.410.040.D.1.b., Street Oriented Entrance and Principal Window. A covered entry porch of fifty or more square feet, with a minimum depth of six feet, shall be part of the front facade. Entry porches and canopies shall not 1 - be more than one story in height. The proposed residence complies with this standard as it includes a one-story, covered entry porch containing ninety square feet with a depth of six feet. 27 11. Section 26.410.040.D.1.c., Street Oriented Entrance and Principal Window. A street facing principal window requires that a significant window or group of windows face the street. The proposed residence complies with this standard as it contains principal windows in its entry area and living, dining and master bedroom, all of which face the street. 12. Section 26.410.040.D.2.. First Stdby Element. All residential buildings shall have a first-story, street facing element the width of which comprises at least 20 percent of the building's overall width and the depth of which is at least six feet from the wall the first-story element is projecting from. The proposed residence's front porch constitutes a first story element the width of which is 20.9 percent of the structure's overall width. The depth of the porch is six feet. The proposed residence. therefore, complies with this standard. 13. Section 26.410.040.D.3.a., Windows. Street facing windows shall not span through the area where a second floor level would typically exist, which is between nine and twelve feet above the finished first floor. No street facing windows are proposed which span through the area of the residence where a second floor level would typically exist. The proposed residence, therefore, complies with this standard. 14. Section 26.410.040.D.3.b., Windows. Nomorethanone non- orthogonal window shall be allowed on each facade of a building. This standard does not apply as the proposed residence contains no non-orthogonal windows. 15. Section 26.410.040.D.4., Lightwells. All areaways, lightwells and/or stairwells on the street facing facades of a building shall be entirely recessed behind the frontmost wall of the building. The proposed residence contains two lightwells on the street facing facade. The lightwells comply with this standard as they are located behind the residence's frontmost wall. 28 16. Section 26.410.040.E. 1.a., Materials. The quality of the exterior materials and details and their application shall be consistent on all sides of the building. The proposed residence' s exterior materials and their application are consistent on all sides of the structure. 17. Section 26.410.040.E.1.b., Materials. Materials shall be used in ways that are true to their characteristics. The proposed residence' s principal exterior materials consist of stone veneer and horizontal wood siding which have been used in ways that are true to their characteristics. 18. Section 26.410.040.E.1.c., Materials. Highly reflective surfaces shall not be used as exterior materials. The proposed residence's exterior materials do not contain highly reflective surfaces. 19. Section 26.410.040.E.2.a., Inflection. If a one-story building exists directly adjacent to the subject site, then the new construction must step down to one-story in height along their common lot line. This standard does not apply as no one- story buildings are located adjacent to Parcel 5. C. Accessory Dwelling Unit Pursuant to Section 26.520.050 of the Regulations, all accessory dwelling must conform to the following standards. 1. An ADU must contain between 300 and 800 net livable square feet, 10 percent of which must be a closet or storage area. The proposed ADU will contain approximately five hundred square feet of net livable area, approximately fifty-five square feet, or 11 percent of which is contained in the unit's closets. 29 2. An ADU must be able to function as a separate dwelling unit. As the proposed site plan indicates, the ADU is separately accessible via an exterior stairway and door. The one-bedroom unit will contain a kitchen area consisting of an oven, a stove with a minimum of two burners, a sink and a refrigerator with a minimum of six cubic feet of capacity and a freezer. The unit will also contain a bathroom with a sink, toilet and mb with shower. The unirs utilities will be separately accessible. 3. One parking space for the ADU shall be provided on-site and shall remain available for the benefit of the ADU resident. One on-site parking space will be provide for the ADU, the location of which is depicted on the site plan. 4. The finished floor height(s) of the ADU shall be entirely above the natural of finished grade, whichever is higher, on all sides of the structure. The finished floor height of the ADU will be located entirely above grade. 5. The ADU shall be detached from the primary residence. As the site plan illustrates, the proposed ADU will be detached from the primary residence. 6. An ADU shall be located within the dimensional requirements of the zone district in which the property is located. Parcel 5's front, rear and side yard setbacks were established in connection with the City's approval of the Top of Mill Subdivision/PUD and are depicted on both the final plat thereof and on the Improvement Survey Map. The proposed ADU has been located within the parcel's approved building envelope. 30 7. The roof design shall prevent snow and ice from shedding upon an entrance to an ADU. If the entrance is accessed by stairs, sufficient means of preventing snow and ice from accumulating on the stairs shall be provided. The entrance to the ADU is located beneath an overhanging gable roof which will protect it from snow and ice shedding. The exterior stairs that provide access to the outdoor terrace and ADU will be heated to prevent -tfie accumulation of snow and ice, and snow brakes and gutters will be installed on adjacent roofs to prevent sliding. 8. ADUs shall be developed in accordance with the requirements of this title which apply to residential development in general. These include, but are not limited to, the Uniform Building Code requirements related to adequate natural light, ventilation, fire egress, fire suppression, and sound attenuation between living units. The proposed ADU has been designed in compliance with the applicable requirements of the International Residential Code. 9. All ADUs shall be registered with the Housing Authority and the property shall be deed restricted in accordance with Section 26.520.070, Deed Restrictions. The proposed ADU will be deed restricted prior to application for a building permit. The deed restriction will require that all occupants of the ADU be qualified as local working residents pursuant to APCHA's Housing Guidelines. The ADU will also be restricted to lease periods of six months or greater in duration, or as otherwise required by APCHA. All leases will recorded with APCHA. The deed restriction, however, will not require mandatory occupancy. D. Vested Property Rights In order to preserve the land use approvals which may be obtained as a result of this application, the Applicant hereby requests vested property rights status 31 pursuant to the provisions of Section 26.308.010.A. of the Regulations. It is our understanding that the receipt of all required development approvals from the City Council and the issuance of a Development Order by the Community Development Department is sufficient to confer a vested property right, and that no further actions on behal f o f the Applicant are required. 32 APPENDIX A EXHIBIT CITY OF ASPEN 171 PRE-APPLICATION CONFERENCE SUMMARY PLANNER: Jessica Garrow, 429-2780 DATE: 12.13.2007 PROJECT: Parcel 5, Lot 3 Aspen Mountain Subdivision/PUD (Top of Mill) REPRESENTATIVE: Sunny Vann Vann Associates 1 Tel: 925.6958 DESCRIPTION: The Applicant would like to construct a new single-family home and a detached ADU on Lot 5 of the Top of Mill subdivision/PUD. The detached ADU must meet all requirements of the ADU chaptir (section 26.520), including recording a deed restriction with APCHA, and all design standards. The detached ADU may be used to meet the affordable housing mitigation, pursuant to section 26.470.060.2 of the Land Use Code The Applicant is required to go through an 8040 Greenline Review, as required by Ordinance No. 7 (Series 2002). Only two review standards are required to be met as outlined in section 17 of the ordinance. Those two sections are: Â§26.435.030 C.3 and Â§26.435.030 C.7. If the Applicant wishes to vary any Residential Design requirements, a variance from these requirements may be combined with the 8040 Greenline Application. Relevant Land Use Code Section(s): 26.410 Residential Design Review 26.435.030 8040 Greenline Review 26.445.100B PUD Other Amendment 26.470.060.2 Administrative Growth Management Review - Single Family Home 26.520 Accessory Dwelling Units & Carriage Houses 26.600 Impact Fees http://www.aspenpitkin.com/depts/38/citycode.cfm See also: Housing Guidelines Review by: Minor Applications to the Planning and Zoning Commission require a deposit of $1,410 for 6 hours of time. Additional time is billed at a rate of $225 per hour, Minor Referrals from Parks and Engineering are also required; these are each billed at $204. Referral Agencies: None. Planning Fees: Minor. $1,350 Referral Agency Fees: Parks. $204; Engineering. $204. Total Deposit: $1,818 To apply, submit the following information: O Proof of ownership with payment. 0 Signed fee agreement. 0 Applicant's name, address and telephone number in a letter signed by the applicant which states the name, address and telephone number of the representative authorized to act on behalf of the applicant. 0 Street address and legal description of the parcel on which development is proposed to occur, consisting of a current certificate from a title insurance company, or attorney licensed to practice in the State of Colorado, listing the names of all owners of the property, and all mortgages, judgments, lions, casements, contracts and agreements affecting the parcel, and demonstrating the owner's right to apply for the Development Application. U Total deposit for review of the application. 0 11(opies of the complete application packet and maps. HPC = 12; PZ = 10; GMC = PZ+5; CC = 7; Referral Agencies = 1/ea.; Planning Staff = 1 0 An 81/2" by 11" vicinity map locating the parcel within the City of Aspen. Il Site improvement survey including topography and vegetation showing the current status, including all easements and vacated rights of way, of the parcel certified by a registered land surveyor, licensed in the state of Colorado. (This requirement, or any part thereof, may be waived by the Community Development Department if the project is determined not to warrant a survey document.) 0 A written description of the proposal and an explanation in written, graphic, or model form of how the proposed development complies with the review standards relevant to the development application. Please include existing conditions as well as proposed. List of adjacent property owners within 300' for public hearing Il Copies of prior approvals. Il Applications shall be provided in paper format (number of copies noted above) as well as the text only on either of the following digital formats. Compact Disk (CD)-pr6ferred, Zip Disk or Flo-Â®y Disk. Microsoft Word format is preferred. Text format easily convertible to Word is acceptable. Il Applicants are advised that building plans will be required to meet the International Building Code as adopted by the City of Aspen, the Federal Fair Housing Act, and CRS 9.5.112. Please make sure that your application submittal addresses these building-related and accessibility regulations. You may contact the Building Department ' at 920-5090 for additional information. Disclaimer: ~ The foregoing summary is advisory in nature only and is not binding on the City. The summary is based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. The summary does not create a legal or vested right. COMMITMENT FOR TITLE INSURANCE SCHEDULE A 1. Effective Date: December 18, 2007 at 8:00 AM Case No. PCT21792PRO 2. Policy or Policies to be issued: (a) ALTA Owner's Policy-(6/17/06) Amount$ 0.00 Premium$ 0.00 Proposed Insured: Rate: (b) ALTA Loan Policy-(6/17/06) Amount$ 0.00 Premium$ 0.00 Proposed Insured: Rate: (c) ALTA Loan Policy-(6/17/06) Amount$ Premium$ Proposed Insured: Rate: 3. Title to the FEE SIMPLE estate or interest in the land described or referred to in this Commitment is at the effective date hereof vested in: IAN LORING and ISABELLE LORING 4. The land referred to in this Commitment is situated in the County of PITKIN State of COLORADO and is described as follows: PARCEL 5, TOP OF MILL SUBDIVISION/PUD, A PLANNED COMMUNITY, according to the Final Plat for Top of Mill Subdivision/PUD, a Planned Community recorded August 18, 2002, in Plat Book 62 at Page 4 as Reception No. 471099. PITKIN COUNTY TITLE, INC. Schedule A-PG.1 601 E. HOPKINS, ASPEN, CO. 81611 This Commitment is invalid 970-925-1766 Phone/970-925-6527 Fax unless the Insuring 877-217-3158 Toll Free Provisions and Schedules A and B are attached. AUTHORIZED AGENT Countersigned: 1 1 tabbler EXHIBIT January 3,2008 Ms. Jessica Garrow Community Development Department 130 South Galena Street Aspen, Colorado 81611 Re: Permission to Represent Dear Ms. Garrow: Please consider this letter authorization for Sunny Vann of Vann Associates, LLC, Planning Consultants, to represent us in the processing of our application for 8040 Greenline review approval for the development of a single-family residence and an accessory dwelling unit on Parcel 5 of the Top of Mill Subdivision/PUD. Mr. Vann is hereby authorized to act on our behalf with respect to all matters reasonably pertaining to the aforementioned application. Should you have any questions, or if we can be of any further assistance, please do not hesitate to call. Yours truly, Ian and Isabelle Loring *1 16 Ian Loring 5 Polo Field Lane Dedham, MA 02026 (617) 312-6664 EXHIBIT --1 LAND USE APPLICATION APPLICANT: Name: /44 AA/0 /44/Seâ‚¬Â£â‚¬ 60/VAM; Location: /0,9"61 6 -Tbr cf~ 6.1/4.-L fibrUDA/,364 (Indicate street address, ~t & block number, legal description where appropriate) Parcel ID # (REQUIRED) 7.7~37/87-622Â£:bS REPRESENTATIVE: Name: 9161"f \AH 4 \191 +21 &432Â£Â«TES c.Â£322 Address: 7 rÂ» a . Alap 111,-A 4,6. 41=eN ; Phone #: 9~-4918 PROJECT: ~ Name: Address: 1 Phone #: TYPE OF APPLICATION: (please eheck all that apply): Conditional Use [3 Conceptual PUD L] Conceptual Historic Devt. Special Review E] Final PUD (& PUD Amendment) U Final Historic Development Design Review Appeal El Conceptual SPA U Minor Historic Devt GMOS Allotment C Final SPA (& SPA Amendment) [3 Historic Demolition QS Exemption U Subdivision U Historic Designation ESA - 8040 Greenline, Stream E] Subdivision Exemption (includes U Small Lodge Conversion/ Margin, Hallam Lake Bluff, condominiumization) Expansion Mountain View Plane Lot Split U Temporary Use 1â‚¬1 Other: Lot Line Adjustment U Text/Map Amendment ,/'13Â©:0'=~ r-la/*4/ 17,9-1/0,91,34 jv'll EXISTING CONDITIONS: (description of existing buildings, uses, previous approvals, ete.) 4/E '~Â°r'c} 6437.*4 PROPOSAL: (description ofproposed buildings, uses, modifications, etc.) , I (~Re,EY r'VABL-7 rt(29 r>t#Le / ryÂ£#4(4&*D Ar-3,1 b- Havpyou attached the following? FEES DUE: s ~25/ [*1~e-Application Conference Summary [2'Attachment # 1, Signed Fee Agreement Ef'Response to Attachment #3, Dimensional Requirements Form IP<nange tn AttorÂ·hrnpnt -0/4 -i --r --A-- ~-V i "Luvil.Al,bil' ti--K, Submittal Requireme,16- Including Written Responses to Review Standards .Salqq. m[3 K~El[J[Ju EXHIBIT ATTACHMENT 3 DIMENSIONAL REQUIREMENTS FORM Prete: /014261- C ,72)P ef /-f'U- 4Â£bCSTE,4,//9ek} Appilcant: ,51,4/.44/2 964/3 8625 2O~T/*,f,7 Location: Zone District: Â£5, d dY:71@27 Lot Size: 30'2~ .2<5(Z Lot Area: 644 (for the purposes of calculating Floor Area, Lot Area may be reduced for areas within the high water mark, easements, and steep slopes. Please refer to the definition of Lot Area in the Municipal Code.) ~ Commercial net leasable: Existing: Proposed: Number of residential units: Existing: Proposed. 3 Number of bedrooms: Existing: proposed: <2> Proposed % of demolition (Historic properties only): DIMENSIONS: Floor Area: Existing: Allowable: Proposed: Principal bldg. height: Existing: Allowable: Proposed- - Access. bldg. height: Existing: Allowable: Proposed: On-Site parking: Existing: Required: Proposed: % Site coverage: Existing: Required: Proposed: % Open Space: Existing: Required: Proposed: Front Setback: Existing: Required: Proposed: ' Rear Setback: Existing: Required: Proposed: Combined F/R: Existing: Required: Proposed: i Side Setback: Existing: Required: Proposed: Side Setback: Existing: Required: Proposed: Combined Sides: Existing: Required: Proposed: Distance Between Existing Required: Proposed: Buildings Â£DEE AppuÂ«T,Cli-1 Existing non-conformities or encroachments: Variations requested: /1~ /266,254 67~,P=209'1725 CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT ~ Agreement for Payment of City of Aspen Development Application Fees CITY OF ASPEN (hereinafter CITY) and 14] a>nalÂ»1 (hereinafter APPLICANT) AGREE AS FOLLOWS: l. APELICANT has submitted to CITY an aDDIication for 29=24â‚¬b e,tleakle-,Ne Me,ze>+9 (hereinafter, THE PROJECT) 2. APPLICANT understands and agrees that City of Aspen Ordinance No. 57 (Series of 2000) establishes a fee structure for Land Use applications and the payment of all processing fees is a condition precedent to a determination of application completeness. 3. APPLICANT and CITY agree that because of the size, nature or scope of the proposed project, it is not possible at this time to ascertain the full extent of the costs involved in processing the application. APPLICANT and CITY further agree that it is in the interest of the parties that APPLICANT make payment of an initial deposit and to thereafter permit additional costs to be billed to APPLICANT on a monthly basis. APPLICANT agrees additional costs may accrue following their hearings and/or approvals. APPLICANT agrees he will be benefited by retaining greater cash liquidity and will make additional payments upon notification by the CITY when they are necessary as costs are incurred. CITY agrees it will be benefited through the greater certainty of recovering its full costs to process APPLICANT'S application. 4. CITY and APPLICANT further agree that it is impracticable for CITY staff to complete processing or present sufficient information to the Planning Commission and/or City Council to enable the Planning Commission and/or City Council to make legally required findings for project consideration, unless current billings are paid in full prior to decision. 5. Therefore, APPLICANT agrees that in consideration of the CITY's waiver of its right to collect full fees prior to a determination of application completeness, APPLICANT shall pay an initial deposit in the amount of $/0'&8 -which is for 6 hours of Community Development staff time, and if actual record(d costs exceed the initial deposit, APPLICANT shall pay additional monthly - billings to CITY to reimburse the CITY for the processing of the application mentioned above, including post approval review at a rate of $220.00 per planner hour over the initial deposit. Such periodic payments shall be made within 30 days of the billing date. APPLICANT further agrees that failure to pay such accrued costs shall be grounds for suspension of processing, and in no case will building permits be issued until all costs associated with case processing have been paid. CITY OF ASPEN APPLICANT By: By: ~4 76~ Chris Bendon il 1CniJ Community Development Director Date: Billing Address and Telephone Number: Required 26 199-6 F lajo 69442 rE>Wl'Â·4 . t-M â‚¬32â‚¬244 . Cenjl>/2--6.444 g:\support\forms\agrpayas.doc Â¥ 11/30/04 Us2130,(MEZPLATE 5160Â® E 1Feed Paper I treEna~;~~L 2eatuere~1 E 13 7 1/2 AS RANCH HOLDINGS LLC 3U TELECOM INC TX575 911 SOUTH MILL~i ATTN CURT SANDERS PROPERTY TAX DEPT C/O FRIAS PROPI 201 N MILL ST #201 1802 N CARSON ST #212-2683 730 E DURANT Â£....= ASPEN, CO 81611 CARSON CITY, NV 89701 ASPEN, CO 81611 ACCERIS MGMT & ACQUISITION LLC ACN COMMUNICATION SERVICES TX414 918 MILL ST TOWNHOMES CONDO TX653 PROPERTY TAX DEPT ASSOC PROPERTY TAX DEPT 32991 HAMILTON CT COMMON AREA 1001 BRINTON RD FARMINGTON HILLS, MI 48334 PITTSBURG, PA 15221 APOLLO COMMUNICATIONS LLC TL364 ASPEN NORDIC CENTER -- ASPEN SHAW PROPERTIES LLC PROPERTY TAX DEPT CO UTE MOUNTAINEER 300 KALAMATH ST 2790 N ACADAMEY BLVD #110 308 S MILL ST DENVER, CO 80223 COLORADO SPRINGS, CO 80917 ASPEN, CO 81611 ASPEN VALLEY RANCH 4SPEN SKIING COMPANY LLC ASPENITALL LLC 50% SGS-AVD LLC / SPENCER ANGEL iO BOX 1248 3755 NE 214TH ST 12550 BISCAYNE BLVD #500 ASPEN, CO 81612 AVENTURA, FL 33180 NORTH MIAMI, FL 33181 AT & T COMMUNICATIONS TL369 AT&T MOBILITY LLC TM439 BENNETT WOOD INTERESTS LTD J DIFERDINANDO PROPERTY TAX DEPT PROPERTY TAX DEPT PO DRAWER 1011 10 BOX 7207 PO BOX 97061 REFUGIO, TX 78377 BEDMINSTER, NJ 07921 REDMOND, WA 98072 BIDGLE LLC BIRDMAN DIANE BLEILER JUDITH A 5463 E SOPRIS CREEK RD 425 N FEDERAL HWY PO BOX 10220 SNOWMASS, CO 81654 HALLANDALE, FL 33009 ASPEN, CO 81612 BORNEMAN BRADLEY A BULLSEYE TELECOM INC TX571 BRIDGE TIM LOUGHEAD EDWARD PROPERTY TAX DEPT 300 PUPPY SMITH ST STE 203-225 PO BOX 552 25900 GREENFIELD RD #330 ASPEN, CO 81611 BOYERTOWN, PA 19512 OAK PARK, MI 48237 CADER ANDREW CANAS HUGO CERISE CONRAD N & LAVANIA C/O STIRLING HOMES ARGUETA NOLVIA A 3004 EMMA RD 600 E MAIN ST #102 922 S MILL ST #2 (B) BASALT, CO 81621 ASPEN, CO 81611 ASPEN, CO 81611 CHAPARRAL ASPEN 7 LLC DERISE RENO K CERISE RORY N & LUCY W C/O 132 W MAIN ASSOC INC Jo BOX 885 3006 EMMA RD 11001 W 120TH AVE #310 BASALT, CO 81621 BASALT, CO 81621 BROOMFIELD, CO 80021 CHILDS INVESTMENT COMPANY CJW ASPEN LLC COHN PETER & MORLEY & CRAIG 0284 CR 102 2572 NE MILDRED ST 1432 MURRAY DR CARBONDALE, CO 81623 JENSEN BEACH, FL 34957 LOS ANGELES, CA 90026 :tiquettes faciles A peler A Consultez la feuille www.avery.com i i.:1:â€ž.. 1- .-1.-.:+ Aâ€žCDVÂ® clonÂ® Con. 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ROPERTY TAX DEPT- T WATTS EL635 PROPERTY TAX DEPT 901 JONES BRANCH DR #900 VALLECITO HYDROELEC PROJECT PO BOX 1979 ivIC LEAN, VA 22102-3316 115 AABC DENVER, CO 80201-1979 ASPEN, CO 81611 iquettes faciles A peler A Consultez la feuille www.avery. com I #:I--9 1- --k--+ AW[OV~ Cl CA~ Con. Ao .6,/nornon* -1â€¢;-r*.â€ž-:-- 1-Man_,=r,-Aâ€žrov Easy Peel Labels - See Instruction Sheet 1 Use AveryÂ® TEMPLATE 5160Â® 1 Feed Paper for Easy Peel Featurel ~ ~AVERYÂ®5160Â® ~ QWEST CORPORATION TL393 ROANOKE INVESTORS LP REARDON DIANA PROPERTY TAX DEPT 109 CLUB CREEK CT PO BOX XX 1801 CALIFORNIA ST 25TH FL PO BOX 17 DENVER, CO 80202 ST ALBANS, MO 63073 ASPEN, CO 81612 ROCKY MTN NATURAL GAS CO PT679 RSL COM USA INC TX835 PROPERTY TAX DEPT PROPERTY TAX DEPT RUTKOWSKI AMY 370 VAN GORDON 1001 BRINTON RD 922 S MILL ST #4D LAKEWOOD, CO 80228 PITTSBURGH, PA 15221 ASPEN, CO 81611 SAN ISABEL TELECOM TL822 -- SMITH CARLETON K SCHALDACH NANCY REV TRUST PROP TAX / ROBERT LANE CO MCVICKER JULIET 785 UTE COURT 5300 DTC PKWY #255 PO BOX 567 ASPEN, CO 81611 GREENWOOD VILLAGE, CO 80111 MIDDLEBURY, VT 05753 SMITH FREDERICK P & ESTHER B STAY ASPEN SNOWMASS INC SPRINT SPECTRUM LP TM435 5454 WISCONSIN AVE #1300 425 RIO GRANDE PL ATTN GENE HARRIS BETHESDA, MD 20816 ASPEN, CO 81611 PO BOX 8430 KANSAS CITY, MO 64113-8430 TALK AMERICA INC TX684 TELECOM DBA PIONEER TELE TX965 T-MOBILE WEST CORP TM449 PROPERTY TAX DEPT KEVIN PHOTIADES-REGULATORY ATTN PROPERTY TAX DEPT 6805 RTE 202 583 WARREN AVE 12920 SE 38TH ST NEW HOPE, PA 18938 PORTLAND, ME 04103 BELLEVUE, WA 98006 TOP OF MILL INVESTORS LLC TOP OF MILL LLC TOP OF MILL TH HOA C/O FRIAS PROPERTIES 1001 E CHERRY ST 1000 S MILL ST 730 E DURANT ASPEN, CO 81611 COLUMBIA, MO 65201 ASPEN, CO 81611-3800 TRI-M COM INC TX 613 PROPERTY TAX DEPT TURNBULL THOMAS & ROSAMOND TYBAR RANCH COMPANY PO BOX 686 1644 PRINCE CREEK RD 820 STATE ST #501 SANTA BARBARA, CA 93101 CARBONDALE, CO 81623 CARBONDALE, CO 81623 JNIVANCE TELECOMMUNICATIONS - VONAGE NETWORKS INC TX410 VELMAR A COLORADO CORP [X760 PROPERTY TAX DEPT 400 E MAIN ST CONTROLLER 23 MAIN ST ASPEN, CO 81611 7101 S FOLTON ST STE 200 HOLMDEL, NJ 07733-2135 ENGLEWOOD, CO 80112 #VAPITI RUNNING LLC WEISS AUSTIN R & REBECCA L WENDROW NADENE 50% 10 BOX 1003 922 S MILL ST #1 (A) 425 N FEDERAL HWY ASPEN, CO 81612 ASPEN, CO 81611 HALLANDALE, FL 33009 WiLD HORSE ENERGY P+31/ WORKING ASSETS FUNDING TX618 3/OTOM BROWN FIELD SERVICES PROPERTY TAX DEPT ZUCKER HOWARD B & DEBRA L 4517TH ST STE 1850 101 MARKET ST #700 107 S MCINTYRE WAY DENVER, CO 80202 SAN FRANCISCO, CA 94105 GOLDEN, CO 80401 ttiquettes faciles A peler A Consultez la feuille www. avery. com dtilisez le aabarit AVERYÂ® 5160Â® feng rie rharnpment rl'in-+râ€¢â€¢,+1-n , oon r. n Ki,rev Easy Peel Labels E--7 : A 1 See Instruction Sheet Use AveryÂ® TEMPLATE 5160Â® Eli%] 1Feed Paper for Easy Peel Featurel ~ ~~AMERYÂ®5160Â® ~ ZUMA LLC 3/0 MANSON & KARBANK ;04 W MAIN ST ASPEN, CO 81611 Etiquettes faciles & peler A Consultez la feuille www. avery. com 4 Oan-,In AW[DV APPENDIX B EXHIBIT 1 -1 i J 8 62 - 14 ASPE1 Gatu>Â· 4(- 211.2< \ k Â¢4-0Â©2Â«- -1 PLACE SUMMIT \ I Y -1 .-013 1 \ P7 1.--Â£12*&#al i x\-x- , t.=14 90001Â«12*- ' 9Â£0 BOfT #5 PEW? yÂ°t~ t.,cutdi,7Â· --*4.2 %1â‚¬Er A N75-00'001 ....7 > - i .7- -4, 411 4$4* FND mr * * Â»*SHEA LS S;84 1 ' f. Oh Itlt & - b ./ i / 4:a# 3 A-ieÂ»,~Â· 71 SITALÂ·~- 1 1*; 1 1 'f PARCEL~ In . i? ; . 1.732 39. fr. / ; '.Â·* l A A .1 :.1..-1 N 3 00' -1 30%' I VICINITY MAP . ilÂ« _Â·Am,L/77 -7 4 1"=4000' EASKUENT DEFLE C DON */L . 12707 if /Zy fi, GRAPHIC SCALE & . 1,0 N f $ 4.V - 4 i PARCEL #1 l m FEer > 4. 37 -12 0 48.323 SU. Fr I inch = 40 fl #9*y , i /6.- & 7 9 ..t Â· /'&.I -OEFLECTO /AL. 9 7 .. 1%. 2 W 9 $ 45 f E. RKBAR . J} fl> â€žÂ·,e 6 45 Â·822 12 Sar23'22 1 . 237â‚¬ 1 41.-8 DEr'/CMN Â»lil l Â£5;9Co 6 Â·Â·6~29 '07' TOP O/ WEL Ft d , - Â· r TRAL EASEMENT ~ sEE PEAT Non- 4 ~ 4 Jd p. !42,3 du- .1 4. A Â·455%1 ..9 ---43Â» f/2 4 ,%-1 ./ 4- 12 - <.0 4. -- - '1Â»327Â·- 1 A . & 0 49,4 . 0 . t: 4 0 <h '4-' r.-. f.- - .tf' f- Â«30,-3 r /2 1 -142.-37 472. - * 1%15 \ ~ *pe* .74.2 Jot 21 \4 1 '0\ >02. FACIL) 156 fl Ef tY e , \0 - 7 , Â£>SE,VE,%17 CiA.21 1 -- -9- 0 ; 9 1 DISa,N M /5 RED'P PARCELM . 2 Â·- A REW 579'52'45 6 - ; 9,043 SQ FL 26,273 SQ FT. 1:ES I K '5 2376 85':I' 3 PARCEL #2 1 IND #5 REE,A -y-"cÂ· 2 1 -,5, \\\ ' i . COPEN SPACE :~ 4 ; DEFLECION *AC +7..1 ' '1 Â· ; PARCEL 8 1.. + L - 4-25' Unt,7, 01 ~ EASEWENT 0 .6/ r\- - /.dv 91Â· ---'Â·: 'C~ .'C~'~â€¢â€¢st L.-231*0.--2-E: R sag-o:Â·00Â»,. ~ 1' /~~ ~... 5/OfWALK C~li' O~:276,~ Â£ "" 3* 3~2 77>~,- - / 4)V lh. Â· 5802 - if O ~ ~. .t.j' Â£5 23/6 sj22362--~ i . 10,033 Se. FI 1.3.20 11. T 'tr - - 20. CURVE RACCE LENGTH. TANGE - BEARING LEI74 CURVE yABLE N75'02 36 ' r t.Â·?VE DA kE' -' 1* 06 V. LME LENGTH BEAR,NG CHORD 7773Â· --- 5 20'. 1 Â£,-Â· . 1 ,0,,. 5 07 S06'08'50-W C 1 78.94 28.07 1419 27.93 504Â·38'03'W 20*2213 L; 1 ' torrop> %,1 , 1 fi: 'pitipÂ»Z--i-za~_ Sev4'* R i . . . a 9 \ -* i 1. l.2 2 58' NCOO'JOW (2 Â£000Â· 56 44 34 ST 5187 52536'CO*E 80'50'39- L Â·32' e -hZ-- * t. 11 _- - v# 'L,Â·'2 ~SE.Ver ~ 2 0.84 N33'33'59-E 03 75 50' 52 84 27 56 51.77' Nâ€¢558 '7-W 20Â·06 0- 9, 75 --,-- lif - L.4 17 11' Nâ‚¬3'26'03-E (4 7550' 1,884' 75 74 !06.95' N;910'38'E 90- 1 1 95 r 42 / I . .A :5 17.08 1402-20'00-W (5 7550 24 8-/ 4.52 24.69 N73'40 35"E ?8'49 28 t~ 6.1< _ -59 --SE.8'QI' ...MI . .1.1 'v' 7/ 1,43 :6 25 ?0' v4/Â·76 OCW CS 75 50' 29 4(7' 14.29 29 21' 185Â·Â·-'---Â·- R. . PARCEL #7 .4 E.SE.ENT L7 20.05 .N29'36'161Â¥ 52 5C . C.,9 C7 24 10 '2.77 23.89 557'26'53'E 26'18'23 I. # 17.9}2 52. FT. O 0/ * PARCEL 143 3! 3 * 45 /3 c 13.650 30. FT. , 16 34.62 129*56'36-W Cy 58.52' 32.72 55.5/0 5422145 =E 63'933 1 Lg 3 24 56748 14"E 09 52 3,C 69.15 40.53' 24.26' 653Â·18'17* 75Â·28'02" 200 77 / OSEME?a ' Ll O 25.96' 7,6746'371 Cio 9050 48.80' \~ 25.01' 48.21' N50Â·342â‚¬W 30~53'18 / *~~~ Urtz~ 06 -- J : 5 â‚¬%19 YARD / A ~0 ' ,Â»-- Unf/,70,6 1,4. i N_.1'5:DEWA:.r 1 -Il ... r. / 9 - 2 92' 975-0000"E 0,1 25,00 3527' ~ 21.29' 32 42' 12536'09"E 80'50'39' 4/9 / 4 012 90.50' 92.64' Â· 50.84 86 65' *28'38'021 5839'02- f<44 4 -1 2, Pâ‚¬ L 12 27 97' N 15-57'257 Â·0 471; f / 4 @p PARCEL #6 \ 6>44 -4/4, i.'5 26 88' S; 4'00'00~W Ct E 67 50 56.09 29.78 54.49 5 76Â·53'91-E 47-36'39- 10.I37 Se FI ~ ' iq U 4] .4 3 Ll 3 8 00' h74'02'35'* C:3 90.50' 3070' i 1550Â· 30.55 58â€¢1909*E ?9*26'08 lo .2, Â£14 808 N15Â·57'251 C?4 67.50 19 84' 9 99' 79 77' 566Â·30 53-E tOO'22 $#21 jur,U~ // ~I- ACCESS EASEVEN71 \4 L 76 :3 37 RlÂ· 4 600* 0,6 55 00 18.53 P.35* :24' 562-39'211 19-18'02 i egend or.4 Notcs. 90 21 Â«-p; ~10 X Â«12 6 74>. 34. Ed) - C if,dicetes {our,1 45 Â«bor ond :*,stic Coo ex â‚¬*scr.bed AS 2013: L ;7 12.17 N/4-36~05'~W C_:7 67 30 5421' 34.77 61.62 651 12 387 54Â·30 73 618 26.72' N29-5646'* 08 53.62 60.99Â¥ 34.24 57 78 453Â·12'54 V 64*55 35- â‚¬0790 0 indicote. set monument /5 -eter eric Â·feao* Plot'.c --Â£25 .29,31 70.38 57459'72 E C'I 29 SO' 43.89 1277 4349 SEE.3'54 7- 94*57'34- **xy + .~,#M SO. PT TC L 5 US 70'37 CocÂ· </79 L S '57/0 -h 9 .20 9.87 - &14Â·.co9 Â©/Â·e /5/ot,18 AL, r t e.:eÂ¢ of .7 43'70'13- R 76225 Cls /her 45 25, :5' & I CA N<â‚¬38'36-W (SO â€¢7 50 :08.03 102.59' 8621' 40052'9014 ; JO 8'39 " a ' 110' 42652'50'1 Cy; 6800' 48.02 25.06' 47 0-3 345-47 JOIE 10-2739 bet/ee ye 0/ =fc/ c cop ficÂ· L L. Numbe crid reber found 0 9Â£ L 00.ECT,ON Â·Â·viu- . - 3'~ PARCEL#4 / . 222 36.10' S 160 494* _ 91_ 7894 1 6 6 2 18 58' 51218'4(5 13'31'09 corre, bleck 90 0:y cÂ·f AsceÂ·, d N<: 5 .{Ler end pes* cop 002 \ --.2/2. , I. Â£ S. 20:51 founc w reitt~-5!ery â‚¬rd of b '5-00 CK) W 3802> 12,317 Se. FT. / 99 9 , I l 23 27.96' N1957 25 E (73 77.50 191 9 60' 19.04 N67'29'54-W t: 05'25 41 9/0 !â‚¬et CcuÂ·$9 crÂ· sovir, M.- 9 T./ 1 4.per, /.cunloin ..24 30.18 56746'37-W 5,2 50' 'â‚¬ 27 820' 75.20' 0,Â·6570 2'W 7-46 90" A,od,Â·45,5/ Â·2/ 2 9 C 1 ' ' DEZES,0,Â·' .Â·25 25.61; N74 02'35'W 7097 7 X 1 3 ~ ILs survey eces noi fep,esent c Eve ses"ch by ti, s sor#yor k Â«tercr,ine Me'SrÂ·* 0, ic 6%/Cvt' ./. -Â» 4110 L/6 8 00 N.'5Â·57 25'E 4,9 40. #P, . t174'32 35.* eosemets c, wher encumbra-ces of reco,/. N, < 3 Ng./. / .,6 277 8.00 /,formotior peae' 69 4 'wre-I' -05'.ent. or Â©the/ i 29 13.73 N7502'36"W encumbrcnceâ‚¬: of ~cord r.cs *r token f,Gm o inie .609 236 1595' 473-30'032 insurcnce coirre treen~ ;ssued ty FlÂ¥,~ County lAte k eeted 14 Se, 2000 No PU 46027 .3, 77.93 %5311 02'N 0,5 9.6/C"d de/â‚¬Â·ctkn we* Die sno-, 'w Â·Imstfa?ie wrposfs 1 471099 Â£32 !5 56 s O-02'43-,4 0,Â» 0.9' O 8 ..,4.~,I; 8 C.4.... F.C. r. Cor?St-.ctili p"BEHunnumpinimmwimm'llÂ¢lm Â£53 39 fe' /v-3.5.77'35'* t./r"- Bounoery ./ 82//10 reâ€¢Â·tocÂ·, L3I 20 02' 31 746'48<N UL L.33 35.00' â‚¬75't O'417 08/16/29. 02.1. Pâ€¢,â€¢ 4 of 27 R 272.00 .. 00 1 Aspen ..Ung Compely Eoserr*â€¢~' 26 Ze 57 560-58'27-E 137 77.96 N39'48'57'W I 1 20Â·-c 5.oce fose'em Â£40 66. I I :46 :-47'28'W l43 1,63 A,6/,1.Â· /51549'501 kircâ€¢,e'ing fo Ccarol Z 0â€¢. yeu must IUM * SCHMUESER GORDON MEYER BER HEV790:v DAIE BY 2000- 1 40 Det Ne . commente cny degal cct.câ€¢. bose' uperÂ· ory TOP OF MILL defer. ir. th. Sulle, IR./ thf/e ,eors offer 118 W. 6TH STREET, SUrrE 200 FINAL AJD Drewn by C2 m ,f# oaco,8.- su" defeu '2 no .ver,t GLENWOOD SPRINGS, COLORADO 81601 Dote 07/09/02 4 ./. ... fele' 0/6// tile upcÂ·i c. ./.c 6 / . . fh. 'll,ey N comme.cal ./. mon :er (970) 945- 1004 FAX (970) 945-5948 PLAT -- .yl 'ro.n ..e ./. e/ ,Â·le ce/dert- shâ‚¬.I SCHMUESER | GORDON | MEYER AspEN. CoLo-00 {970) 925-6727 SUBDIVISION/PUD 4.-eM â‚¬NG1NIE/S . 9/.VEY'/8 6-mait su,vuy@'9"Wn...n *.u:-c icA 4/77/4 OF ~ 0,0 1 222.87 SOUTH './ lot ..)#t3 ~Â·b<t ./...... .... b.' .. .... . Â·Â·'*}4*,h .... IMI. U../../. ' 4/.ilÂ· a.-, EXHIBIT m CITY OF ASPEN STORM DRAIN PIPE EASEMENT THIS EASEMENT is made on August ~, 2002 and is granted by Top of Mill Investors, LLC, a Delaware limited liability company, hereinafter referred to as "Grantor," to the City of Aspen, Colorado, a Municipal corporation, hereinafter referred to as "the City." i For good and valuable considerations, the receipt and adequacy of which are hereby acknowledged, the parties hereby agree as follows: - 1. Easement. Grantor hereby grants to the City a non-exclusive twenty foot (20') foot wide utility easement, hereinafter referred to as the "Easement" over and across the real property located in Pitkin County, Colorado, more particularly described on - Exhibit "A" attached hereto and incorporated herein, for use by the City solely for installation, maintenance and repair of a storm drain pipe. While the Easement runs through lands owned by Grantor, access to the Easement may only be obtained by first crossing other lands not owned by Grantor. Obtaining access to the Easement shall be the responsibility of the City. Except as specifically provided herein, no other lands of Grantor may be used to access the Easement and nothing herein shall be construed as a grant, express or implied, over lands of Grantor not described in Exhibit "A" for access to the Easement. Grantor reserves the right to use and enjoy the Easement and the land beneath and the airspace above for all purposes and uses which do not unreasonably interfere with the use and enjoyment by the City or members of the public of the rights herein granted. Without limitation to the foregoing, Grantor I shall have the right to grant any easements to utility companies over or under the Easement. In the event that the City damages any landscaping or other improvements located in the Easement in connection with the rights granted hereunder, the City shall promptly repair any such damage and restore the land within the Easement to its prior condition. The Easement is granted subject to all existing easements, restrictions and covenants of record. 2. Easement Utilization. This Easement is solely for use by the City for installation. maintenance and repair of a storm drain pipe. The grant of the easement, as described herein, shall be strictly construed. 3. Amendment. This Easement and the rights and obligations granted and assumed herein may not be modified except by a writing signed by Grantor and City, or their respective successors and assigns, as applicable. -]ik-_- 1- --H- Il I-iimmirr ir li Page: 1 of 5 471101 08/16/2002 02:35F SILVIA [ VIS r'IT'-I 4 -JJNTY C) R 25.00 D 0.00 79320-1 1 4. Notices. Any notices given pursuant to the terms of this Easement shall be given by mailing the same, certified mail, return receipt requested, properly addressed and with postage fully prepaid, to the addresses provided below or to subsequent assigns, as applicable, as long as prior written notice of the change of address has been given to the other parties listed below. Said notices shall be sent to the parties hereto at the following address unless otherwise notified in writing: Grantor: Top of Mill Investors, LLC 1000 S. Galena Street Aspen, Colorado 81_611 Attn: Scott Writer With a copy to: Ronald Garfield, Esq. Garfield & Hecht, P.C. 601 E. Hyman Avenue Aspen, Colorado 81611 City: City of Aspen 130 S. Galena Street Aspen, Colorado 81611 Attn: City Manager 5. Venue. Grantor and City agree that his Easement is made in accordance with the laws of the State of Colorado and shall be so construed. Venue is agreed to be exclusively in the courts of Pitkin County, Colorado. 6. Enforcement. Each of Grantor and the City shall have the right and power to bring suit in its own name for any legal or equitable relief due to lack of compliance with any provisions of this Easement. The failure of a party to insist upon the - 4- N Â® performance of any provisions or to exercise any right or option available to it, or to serve any notice or to institute any action, shall not be a waiver or a relinquishment for the future, of any such provision. If any court proceedings are instituted in connection with the rights of enforcement and remedies provided in this easement, the prevailing party shall be entitled to reimbursement of its costs and expenses, including reasonable attorneys' fees, in connection therewith. 7. Designation of Successor. Grantor, by instrument duly recorded in the real estate records of Pitkin County, Colorado, may designate a party to succeed to all the rights, privileges and remedies of Grantor hereunder. 8. Term. The term of this easement shall be permanent and perpetual, so long as the City shall comply with the terms, provisions and conditions set forth herein. 9. Successors and Assigns. All the provisions of this easement. including the benefits and burdens created thereby. shall run with the land and be binding upon all persons who hereafter acquire any interest in the property described in Exhibit "A", 79320-1 2 dge : Z: frfe .1111 1111 11[1 \1 111.~ [ 1111111111 -11 l illi 11111 %1Ii 1 CO ALNnOD NI 1 Ic SIAHO WIAJIG whether as an owner, renter, trust deed or mortgage beneficiary, or otherwise. All provisions of this Easement inure to the benefit of and be binding upon the parties hereto, their heirs, successors, assigns and personal representatives. GRANTOR: TOP OF MILL INVESTORS, LLC a Delaware limited liability company By.0.3 L ) t-(4__ David Parker, birector CITY: 1J CITY OF ASPEN, a Colorado Municipal corporation By:__joc_-2--X->cide,-C,=e,eC___~D Prila<Ntime:~ H-Jrb-r~Kal~74 ta a-~~ex Lu>~ Title: H *-p< ATTEST: 3Bart N Alft acto///-X 4-4 'Kathryn S. Ko* dit*flerk APPROVED AS TO FORM: 1 7., /..0 / 7/,f-EE~< Jehn Wdiceitdk' diti Attorney 471101 \111 1 Iii 1 1\ 1\\1111\1\1\ 08/16/2002 02:35P Page: 3 of 5 SIL\,IA CA\,IS PIT- I,4 CO_..T-Y CJ R 25.00 D 0.00 79320-1 3 STATE OF COLORADO ) ) SS. COUNTY OF PITKIN ) The foregoing Easement was acknowledged before me this 8th day of August 2002 by David Parker as Director of Top of N//5?Nf~ LLC, a Delaware limited liability company. "49:.:. a ati Witness my hand and official sell/#I ; u"jft*.r) fl My commission expires: Notary ...0 STATE OF COLORADO ) 11/09/2002 MYCOMMISSION EXPIRES ) SS. COUNTY OF PITKIN ) The foregoing Iiasement was acknowledged before me this Â£0+1 day of ~f,(0 Ual , 2002 by Rel 4 -, -41;,*leW as ___UA>faÂ©L__ of the City df Aspen, a Colorado Municipal con)ora***Y Fi~7*%. AP.............fÂ» Witness my hand and officifil seal.#t Â· JACKIE 'A My commission expires: 4-8 7 //431 utrrHIAN ~~,~~_p.A_ , Not,a~~~~~h~GF-~-~~~ [Acknowledgements on Next Page] 1 i_ m maltaii- i-ijrjumim I 08/16/2002 02:35P 471101 Page 4 of 5 SILVIA DAL.5 PITKIN COL.-Y CO R 25.00 D 0.00 79320-1 4 EXHIBIT "A" (Legal Description of Storm Drain Pipe Easement) Twenty foot (20') wide utility easement between Parcels 4 and 5 and over Open Space Parcel A, according to the Final Plat of Top of Mill Subdivision/PUD, a planned community recorded AutÂ¢1+ 16, , 2002 in Book 6 2 at Page 4 as Reception No. 411 099 COUNTY OF PITKIN, Â£--Â·r STATE OF COLORADO. 471101 1111111 lilli 111111 lilli lili 11111111111111111111 lili lili Page: 5 of 5 08/16/2002 02:35P SILVIA DAVIS PITKIN COUNTY CO R 25.00 D 0.00 79320-1 5 \ A --/i/'/'//< - -.4 1.-- 4 \39, --- .U r-mmir-t -7996 --v--2144.-- i L Â·Â«02 \ 1142 LÂ« 1 11 1 --4 1 &00' - \2-\Â«0\ C 1 ?t 8(Dll eo/,s *- â‚¬17'P 1.- 1\ GRAPHIC SCALE 07/ 601 \#00*\ h .\ IL ( iN FEET J / 1 Inch " 30 1 C go SCALE: T '= 30' -/ Â» \\14\Â«- gnÂ« t.% -4. 403. --- -204 -Â· 80 4% 8032- Â¢20 do,5 Sk V ------ Â«Ll -:ill .0, !,6 b ~~ / ~ i 0 \ I \ 4*6::r\ \ 1\ , 3% rÂ»-1 0 \ 3 fÂ°JCj ji ---3- Â«\24 .-- \ 12-=rb *\6 \ 9Â« czle)01- 0 t. e .ed,V - 503/ \/15 J i 1 01# c 2-1.44< -- -1 \\ .1 1 -j h ' \ i /7 1,(01 \\ f 1 1 \ \ + 1 ' \\ I \ f 9/~./ / \:\ , \1\ 4/-\ \ 11,1 -6-_4*~704 - 00 \ 3 '1111\:*it /2 \ 1 ' 1 \\\\ 'llifi I ! \\1 .4 / ,\ \ 1 X ----6(26-/ - 5090 \ Ilill ill f \3\, 1/ /Â»V I iii 1 400% e i \ 1.1,111 It \ i'/ J i '//i I i ' '' i 'fi .:30/ ////ff /7 / //1 , Aw l : 1 4 2/1/11 1 \ 3, /37; 1 6 /4/ d Nâ€¢ZTE } TofÂ·.T.RAP" 15 BAND 1% CÂ·.FY OF IS fECEâ€¢:1 FÂ·E.D SUBL'Y =OR *REâ€¢.5 1414*11 / ASPEN 99-75 AER;/1_ U/FfiNG AND HAE KeT CHANGE[ S.NCE %975 BASO ON EnENG WECE TARCN \\ IE // 111 8 THIS GRACE INFORMATiON FORUS i \ \ 1 1\ 1 1- THE BASâ‚¬ PDF? ESTABL;SP}NO NA-l. RAL ' 1 1 . 1 \1\. 1 1 1 41 / ' i tr il. GRADE FOK PURPOSES OF M :SLINNO ' BUILDING REIGHTS I /Â«h----1 .12\ -I---- --------/0300,41 3) STRUCIURES SHOWN HEREON 011'IN \ THE BOUNDARV NA.Â·â‚¬ BEEN OF: IAL_ BE 7 REMOVED. 1 ..\1 1 4 limmimi"Im'mil! 2:D: ,- SILVIP DAv IS ... .M. CO . 270.- ' 8046 j i 8048 9%9?4 -59 ll SCHMUESER GORDON MEYER At,46 4 RER REVISKON rj,TE By 00'4 ,000- t 40.003 ~ ~ I t 8 W. 6â„¢ STREET. SUME 200 TOP OF MILL ONAL FLA SUBUISSiON 5/31/01 . 1, r. .Orcwn b. TJT GLENWOOD SPRJNGS, COLORADO 81601 2 Firei PLAT- RESUBKISS,3/ (970) 945- 1004 FAX (970) 945-5948 332 lt- 1975 TOPOGRAPHY Dole 5/31/02 ASPEN, CoLORADO (970} 925-6727 SCHMUESER | GORDON | MEYER CRESTED BUrrE, CO (970) 349-5355 SUBDIVISION / PUD 3 RECORDATON SET 01 1 -Y OF A INGINEEAS & SUIVEVOR' E-rnall: Ingine.Ospirc lan U ./ PCOC-1/0 01-It-Â©.0 j 2~WVÂ»~ '4U â€¢4,Â©Â·â€¢,VIA.U '*0 . 'Wu~â€¢ Â»N h,ned 6-, 00 Af,4 .*U Â»J~uÂ· 1'1~d- <riâ‚¬ '. 4.q 2~< i - 1,~~, EASEMENT 0,42*77 f \8 j 8 62 ey I lit i./ i \ f i ' PARCEL#9- , - -752 SQ. FT. / A '-Â·Â·Â·Â·Â· -h. 94Â»:g ; G <APHIC SCALE i Ur - 11 I Ff ./:Â· - '~ - C.4, C.' . 3.S 29 f 7 7- t I c IN FEET ) / ..0. : inch = 30 ft FF. 6008 Â£622' GAR , r . 60â‚¬ 3 1 . 442+ til-* 1 <1 .' 4,/ -0 I 3 1 4 510â„¢ 715/ Vh .2 DI../â‚¬-0/r ...... I \ _ &m,rtÂ£ In,â€¢to,. SEâ‚¬ Cf;Â«J j f Cly ./ Â» I) P r .1*EL #1 7D (54 - i ,. R 1~ 6 -. ~"~~NntnON -~ T. fbi I,-0 L (npoe C 1 1# T / 0. 0, 1\ 4 INWr fr'*04> CA,a. Fr - 9012 1 . 4 / /, 1 5 12 l 4 ~ rt..0; / tÂ· IN/.1 k ' FF I. ' % ,8 0. 141 7/Â» 0.9 iâ€¢ . .ce 1 ... i. i -DEFLECTION 3 Â· 1 \\' CS / ' WALL -Â·-*- . i 1. \4. 2,4 /, 1 / - _'- - -1~p 022,x -- _ -- t~a-rPD-2 f X.,23 / -4 \ >1 -4 . / M 1 \ *-- C:174 Â£ 4,- 4, ... 4 18. i - 0 -=. ; r i...40 / 1 4 1 19 / I \ j-/iq- 62 1 . // c a . \ .F- 22' - / 9% / fl , ~ lt<je -f~ - l--- i -----1-- ; ro .'/ 4 +Br I 1 :1 )Â·1/ a.1 1 WALL -. j : PARâ‚¬El #2 .... :'33<~ SITE DEFI MTIONÂ· 612 I ~ V.,ALL 7 -/ 26,273 SQ. FT. i *- SITE i ALLS ./ *EN SPACE *p~~~ ~ .344-- - 1 1 5 PARCEL B - / 1 -5 / N \ \ -4- -\ , i 49,446 SQ. FT. \\ lp/, /1 1 3 -Â»4 1 Ii- \ <f . h 1 -1 \ - .- 3 j -- ' 1 ' i - . I /' 100 4---' Ix\ \ 1. '' ~ 1 l. i )285\7Â· ~ ~ - LA'43'~4 --4 -h 7 \11, -/ . \96 \24 \ 4 3 1 1 1.. .9* d ''' J %0\1 /1 1 . , i f i \_1 111 ' .Att . C / 1- :1-,PCALJ _ j 52 97 \ ' T 7- J r 6 C ' .1 '' 1 x. \1 1 4 -' # 7 1/ \ \ ' t.~\.~-- M. /\ \ hs> 14\ FT , 1 r- 5..1 i /\L 1 -- CEL #24 1 1/ 1 1 -- / , 15,650 . /1 \ DEVLECTiON -1 I WALL -- j. \\ \2 PARCEL\#6 \, \\ 14.157 se. n: 3 AÂ» 1 1 \MARC'21. 5 - f 1 10>4â‚¬98 70' WALL WEIGH.1 ABOVE , ~: 7 f 6 DISUNG GRADE ,/ .. , f TYPICAL) Â·-2 -Dj 27 2, 0 DEFLECTE,N '1Â° PAROU #4 ~ Â» WALL - ,-----~~*7 Sq. FT / b NOTE: 471099 DE.i-Â·-ECTION - --. v : 1 -- -4//4- 2<~~'~ - tf-LECTION 9 DEFICT,ON WALLS, AND SITE WALLS ARE Â»' ~ WALL ---- - --2..-J i . - ~-l ///, I 11,/01.1111 v SHOMN FOR INTEN' ONLY LE:CA-iIONS AND Flut r. ;I.vIA =-- . 270.Â®0 C o .0 OF CON:TRUC'ION ARE CONTINGEN-I UPON - ~ ~2- z-__---- ' eoes p.g... Of 27 -- CONrIRUCMEN 11!UING CF INDIVE,VAL DARCEL S 6/42 MO - A. *8/16/2/02 /2 16/ 2) CONSTRUC'ION DETAIL FOR DEFLECTION STORM SEWER MANHOLE WALLS MUST SE SUBVI ITED PRIOR 10 BU,LDING fF/Th BOOT + 5-GÂ·kE4 P'ERM:T APPROVAL foR fun,'RE E.*TENWON. 3 9059.:, FLUS 91Rtt ONE ' SCHMUESER GORDON MEYER - ' NUU- Rt ve'va GRADING & . $7- BER nul[ 6. .te '46 2000-140-003 C4 6 liB W. eâ„¢ STREET, SUITE 200 TOP OF MILL 1 f INAL PLA T 5:.BM 330/ 5/31/02 T/T trown Dy GLENWOOD SP#UNGS, COLORADO 8 3 GO 1 2 AW' PLAT RESUBMISS;ON 7/2/1/2 Â· 131 (970) 945- 1004 FAX (970 945-5948 ASPEN. COLORADO (970) 925-6727 3 RECORDAT'ON SU SCHMUESER ~ GORDON | MEYER CRES-rED BwmE, CO (9701 349-5355 SUBDIVISION / PUD .Â«447? 77 - DRAINAGE Dcte 5/31/uz- PLAN K \FE OF 8 ENGI/IE/S 8 ........S E-ne e*~eÂ®semat.[an nfl 2:â€¢09- '60-eul .';'a Â·./. i'di'.*g..... 2/ 1g.~a. 2 ,-,/ hiv /0 4.4 ..2 â€¢ /4," .0, t.l Â· U I,/ Ail .74. 4... ... 040# ,,04:* 2260,a. 26â„¢'tigL.~.--J 15* 36 13 Aâ€¢Ke.., 84-6 11'612 PA.,4/7# (970)920- 7 1 25 January 16, 2007 Ms. Joyce Allgaier, Deputy Director City of Aspen Community Development Depanment 130 South Galena Street Aspen, Colorado 81611 RE: TOP OF MILL PARCEL 5 Dear Joyce, I represent Mr. Thomas H. Bailey and the Bailey Family Investment Co., the owner of Parcel 5 of the Top of Mill Subdivision/PUD (hereinafter, "the owner"). Parce15 is a vacant residential lot. The Top of Mill Subdivision/PUD was approved by the Aspen City Council on March 11, 2002, pursuant to Ordinance 7, Series of 2002. The Final Plat for the Subdivisior#PUD is recorded in Plat Book 62 at Page 4 of the Pitkin County Records. The Subdivision/PUD Agreement for the Top of Mill is recorded as Reception No. 471100 of the Pitkin County Records. Article 2, Section 2.2 of the Subdivision/PUD Agreement describes the specific development approvals granted to each parcel in the Top of Mill. Subsection 2.2.e specifically grants approval for Parcel 5 to be developed with a single family residence, I limited to a maximum floor area of 5,200 sq. ft. At the time of its final approval, the Top of Mill Subdivision/PUD received three (3) years of vested rights. Therefore, the vested rights expired on March 11, 2005. Shortly thereafter the City Council adopted Ordinance 9, Series of 2005, which changed the zoning of this property and many surrounding properties from Lodge/Tourist Residential (L/TR) to Lodge. Included in this change was the elimination of single-family residence i as an allowed use for this property. The owner seeks clarification from the City that despite this change in the underlying zone district, Parcel 5 of the Top of Mill Subdivision/PUD may still be developed with a single- family residence, limited to a maximum floor area of 5,200 sq. ft., as specified in the original PUD approval and in the Subdivision/PUD Agreement. Development of the I residence would be subject to: (a) the City's rules for calculating floor area and height thal are in effect at the time of the building permit application for the single family residence; and (b) the other applicable conditions for the Top of Mill Subdivision/PUD. 533922 Page: 1 of 2 11111111111111 -1-1~ lili u[ 111-ililli..1 01/30/2007 11:12i JANICE K U. C UDI.1 r ITKIN .....TY CO R 11.00 0 0.00 Ms. Joyce Allgaier 111-111'll 11'Ulll-lilli 1 -11111 lili 1111111 533922 Page: 2 of 2 January 16, 2007 JANICE K VOS CAUDILL PITKIN COUNTY CO R 11.00 0 8.el 01/30/Z007 11:12/ Page Two In support of this position, the applicant would point out that the majority of the other lots in the Subdivision/PUD have already been developed. Moreover, the infrastructure necessary for the Subdivision has been installed, and many of the requirements imposed upon the Subdivision (such as the provision of affordable housing, and the payment of other development exactions) have been satisfied. As a result, the owner believes that the right to develop the single family residence has vested under the common law. When we spoke about this on the phone, you indicated that you and the City Attorney concurred with this position. We would also point out that in 2005, just before this Subdivision's vested rights expired, the owners of Parcels 4,6 and 8 applied to have their vested rights exlended. That application was approved pursuant to Aspen City Council Resolution 15, Series of 2005. Staff and the Council determined at that time that single-family residences remained the appropriate use for these lots and that great reliance had been placed by the owners of these lots in the requirements and benefits of the Subdivision/PUD Agreement. Based on all of the above, I would ask you to have Chris Bendon sign below, stating that the City concurs that Parcel 5, Top of Mill is allowed to be developed with a single-family residence, limited to 5,200 sq. ft. of floor area, as specified in the original Top of Mill Subdivision/PUD approvals and in the Subdivision/PUD Agreement. Thankyou for your assistance in this matter. Please do not hesitate lo contact me if there is anything else you require. Very truly yours, ALAN RICHMAN ELANNING SERVICES 4-L Lr Alan Richman, AICP I hereby concur that Parcel 5, Top of Mill is allowed to be developed with a single-family residence, limited to 5,200 sq. ft. of floor area, as specified in the original Top of Mill Subdivision/PUD approvals and in the Subdivision/PUD Agreement. Â»Dup- UbuÂ£* , Difk47 Dirwk Yr- Chris Bendon, Director City of Aspen Community Development Department \ 1 \-9- 10-9- 1 APPENDIX C EXHIBIT SUBDIVISION/PUD AGREEMENT FOR TOP OF MILL SUBDIVISION/PUD THIS SUBDIVISION/PUD AGREEMENT ("Agreement") is made and entered this Â£6'k day of August 2002, by and between the CITY OF ASPEN, COLORADO, a Colorado municipal corporation ("City") and TOP OF MILL INVESTORS, LLC, a Delaware limited liability company ("TOMI"). RECITALS WHEREAS, the City and Savanah Limited Partnership, a Delaware limited partnership ('Savanah"), are parties to that certain First Amended and Restated Planned Unit Development/Subdivision Agreement Aspen Mountain Subdivision ("First Amended PUD Agreement") dated October 3, 1988 and recorded in the records of Pitkin County, Colorado, on October 3, 1988 in Book 574 at Page 792, as the same has been amended as hereinafter more particularly set forth; and WHEREAS, on January 11,2001 TOMI acquired from Savanah certain real property situated within the Aspen Mountain Subdivision, which real property is also situated within the municipal boundaries of the City known as Lot 3, First Amended Plat Aspen Mountain Subdivision and Planned Unit Development, according to the PIat thereof filed October 3, 1988 in Plat Book 21 at Page 35 ("Top of Mill"); and WHEREAS, the First Amended PUD Agreement directs that at such time as Top of Mill receives final PUD development approval, a PUD Agreement shall be executed by the parties setting forth such final approvals and incorporating all conditions and assurances that may be reasonably required by the City in connection therewith; and WHEREAS, TOMI has submitted to the City an Application for Final PUD Development Plan Approval (the "Application") pursuant to the June 1996 reprint of Title 26, Land Use Regulations of the 1995 Aspen Municipal Code (the "1996 Code") including approval, execution and recordation o f a Final Plat for Top o f Mill (the "Final Plat"); and WHEREAS, the City has fully considered the Application and the Final Plat, the proposed development and improvement of Top of Mill contained therein, and the effects of the proposed development and improvement of said lands on adjoining or neighboring properties and property owners; and WHER-EAS, the City has imposed certain conditions and requirements in connection with its approval, execution and recordation of the Final Plat, such matters being necessary to protect, promote and enhance the public welfare; and 38181-16 1 471100 I ll 1111111111111 lilli 08/16/2002 02:27; Page: 1 of 47 SILFIA DAVIS PIFKIN _A..TY CO. R 235.00 D 0.00 EXECUTION COPY WHEREAS, TOMI is willing to acknowledge, accept, abide by and faithfully perform the conditions and requirements imposed by the City in approving the Application and the Final Plat; and WHEREAS, under the authorityof Sections 26.84.040(C and D) and 26.88.050(C and D) of the 1996 Code, the City is entitled to certain financial guarantees to ensure that (i) the required public facilities are installed and (ii) the required landscaping is installed and maintained, and TOMI is prepared to provide such guarantees as hereinafter set forth. NOW, THEREFORE, for and in consideration of the mutual covenants and agreements contained herein, the approval, execution and acceptance ofthe Final Plat for recordation by the City, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: ARTICLE 1 PURPOSE AND EFFECT OF AGREEMENT 1.1 Prior Amendments to the First Amended PUD Agreement. The parties acknowledge and agree that the First Amended PUD Agreement has previously been amended by the following, which shall hereinafter be collectively referred to as the "Section M Amendments": (a) June 1990 Section M Amendment. (b) June 1991 Section M Amendment. (c) August 1992 Section M Amendment. (d) October 1992 Section M Amendment. (e) February 1993 Section M Amendment. (f) June 1995 Section M Amendment (Ordinance No. 33-95). (g) May 1998 Section M Amendment (Ordinance No. 8-98). (h) September 1999 Section M Amendment (Ordinance No. 38-99). (i) December 2000 Section M Amendment (Ordinance No. 53-00). (j) June 2002 Section M Amendment (Ordinance No. 15-02). 38181-16 2 lilli -1111-11- ---111111111111111 08/16/2002 02:271: 471100 ~ Page. 2 of 47 SILLIA [AVIS FITKIN COLNT'r CJ R 235.00 D 0.00 EXECUTION COPY 1.2 Purpose of this Agreement. This Agreement is executed by the parties in accordance with the requirements of the First Amended PUD Agreement, as amended by the Section M Amendments, that a new PUD Agreement be executed at the time of final development approval for Top of Mill. The purpose of this Agreement is to set forth the complete and comprehensive agreement between the parties with respect to the development that has been approved for Top of Mill and to enumerate all terms and conditions under which such development may occur. The effect of this Agreement is to terminate, supersede and replace all provisions of the First Amended PUD Agreement and the Section M Amendments, which relate in any manner to Top o f Mill. In the event of any inconsistency between the provisions of this Agreement and the provisions of the First Amended PUD Agreement, as amended by the Section M Amendments, the provisions of this , Agreement shall control. Nothing in this Agreement modifies, revokes, amends or affects any provision of the First Amended PUD Agreement, as amended by the Section M Amendments, which relates to Lot 1,2,4, 5 or 6 of the Aspen Mountain Subdivision/PUD, unless expressly revoked or modified hereby. All provisions o f the First Amended PUD Agreement, as amended by the Section M Amendments, which relate to Lots 1,2,4,5 and 6 ofthe Aspen Mountain Subdivision/PUD, shall remain in full force and effect, except to the extent they may be otherwise amended. ARTICLE 2 DEVELOPMENT REQUIREMENTS AND RESTRICTIONS 2.1 Zoning and Regulatory Approvals. 43 Resolution and Ordinance of Approval . Conceptual PUD development plan approval for Top of Mill was granted by the Aspen City Council in Resolution No. 99-93, approved and adopted on December 6 1999. By adoption of Resolution No. 01-50, adopted on May 29,2001, the Aspen City Council granted amended conceptual PUD Development Plan approval for Top of Mill, which is to be subdivided into eight (8) development parcels, two (2) open space parcels and a parcel of approximately 2,745 square feet containing an existing parking garage ("Parcel 9") for the benefit of Lot 2, Aspen Mountain Subdivision/PUD, known as the Summit Place Condominiums. By adoption of Ordinance No. 7, Series of 2002, adopted on March 11,2002 and recorded April 19,2002 as Reception No. 466392 ("Ordinance No. 73, the Aspen City Council granted Final PUD Development Plan and Subdivision Approval for Top of Mill. Ordinance No. 7 also granted (i) a growth management quota system exemption for the affordable housing units to be constructed on Parcel 2, Top of Mill; (ii) rezoning ofthat portion of Top o f Mill previously zoned R--15 (PUD) (L), Moderate-Density Residential, Planned Unit Development, Lodge Overlay and a portion of Top of Mill zoned C, Conservation to L/TR (PUD), Lodge/Tourist Residential, Planned Unit Development; (iii) Condominiumization, Mountain View Plane, Special Review. and 8040 Greenline Reviews and (iv) approval to construct an Accessory Dwelling Unit ("ADU") on Parcel 3 of Top of Mill. The exterior boundaries of the eight (8) development parcels, two (2) open space parcels and Parcel 9 are depicted on the Final Plat for Top o f Mill which will be recorded contemporaneously with this Agreement. The Final Plat for Top of Mill also depicts the allowed building set backs within the eight (8) 38181-16 3 1- 1111111 --11[ - - -lilli 11111-111111 08/16/2002 02:27; 471100 Page: 3 of 47 SILLIA DAVIS PITKIN :-O-. fr CJ R 235.00 D 0,00 EXECUTION COPY development parcels. TOMI shall convey Parcel 9 to the Summit Place Condominium owners association immediately after the Final Plat for Top of Mill is recorded and, upon such conveyance, Parcel 9 shall not be covered by, or subject to this Agreement except as set forth in Paragraphs 2.1(b)(ii) and (iii) and 2.2(hh) below. The instrument by which TOMI conveys Parcel 9 shall contain a restriction to ensure that Parcel 9 will always serve to provide parking for the benefit o f Lot 2, Aspen Mountain Subdivision and that development on Parcel 9 shall be limited to the existing garage and trash storage structures or any replacement thereof. Pursuant to Section 26.304.060.B of the April 2000 reprint of 'Title 26, Land Use Regulations o f the 1995 Aspen Municipal Code, the Community Development Director, in consultation with TOMI, permitted and directed a modification in review procedures to combine Final PUD Development Plan, Subdivision, Condominiumization, Mountain View Plan, Special Review, GMQS Exemption, 8040 Greenline Review and Rezoning Review for the purposes of ensuring economy oftime and clarity. This Agreement incorporates all the provisions of Ordinance No. 7. To the extent of any conflict between the terms of this Agreement and the provisions of Ordinance No. 7, this Agreement shall govern and control. 04 PUD Variations. Pursuant to Ordinance No. 7, the Aspen City Council approved the following variations in the dimensional requirements of the L/TR, Lodge/Tourist Residential and C, Conservation zone districts: (i) Maximum Lot Size. An increase in the maximum lot size for single family and duplex dwelling units. The size of Parcels 3,4,5,6,7 and 8 shall be as depicted on the Final Plat for Top of Mill to be recorded contemporaneously with this Agreement. (ii) Minimum Lot Size. A reduction in the minimum lot size requirement. The size o f Parcel 9 and Open Space Parcel B shall be as depicted on the Final Plat for Top o f Mill to be recorded contemporaneously with this Agreement. (iii) Minimum Setbacks. A reduction in the minimum setback requirements. The front, side and rear yard setbacks on Parcel 9 shall be as depicted on the Final Plat for Top of Mill to be recorded contemporaneously with this Agreernent. te) Parking, 8040 Greenline and Mountain Viewplane Approval. Pursuant to Ordinance 7, the Aspen City Council granted (i) special review approval of the off-street parking requirements for the affordable housing units approved for development on Parcel 2, Top of Mill, (ii) 8040 greenline approval for Parcels 1, 2 and 3, Top of Mill and (iii) mountain viewplane approval for all development parcels on the Top of Mill. The development of the free market single-family dwellings proposed for Parcels 4 - 8 shall be subject to a site and design specific 8040 Greenline Review prior to their development. These Parcels shall only be required to respond to review standards 26.68.030 (C)(3) and 26.68.030 38181-16 4 lilli 1111111111 lilli 111 lilli 111 lili 08/16/2002 02:27F 471100 Page: 4 of 47 SILVIA DAVIS PITKIN COLâ€ž-Y CO R 235.00 D 0.00 EXECUTION COPY (C)(7) of the 1996 Code. Ordinance No. 7 approves Parcels 4- 8 regarding 8040 Greenline Review Standards 26.68.030 (C)(1,2,4, 5,6,8,9, 10, and 11) of the 1996 Code thereby precluding any further review of such standards. 03 Vested Rights, In accordance with the requirements ofC.R.S. 24-68-103(b) a properly noticed public hearing concerning the establishment of vested property rights for Top of Mill was conducted on March 11,2002. As authorized by C.R.S. 24-68-102(4)(a), City and TOMI hereby agree that the Final Plat, the Top of Mill Final PUD Development Plan and all other documents recorded contemporaneously therewith, collectively constitute the site specific development plan as used in Article 68, Title 24, C.R.S., for Top of Mill. In accordance with applicable provisions of Ordinance No.7, Series of 2001, the City has granted vested property rights for a period of three (3) years from the date of approval of Ordinance No. 7, for the development of Top of Mill in accordance with the documents which are herein agreed to constitute the site specific development plan for Top o f Mill. 2.2 Development Approvals. Top of Mill has been approved for subdivision into eight (8) development parcels, identified on the Final Plat and throughout this Agreement as Parcels 1,2, 3,4,5,6,7 and 8, two (2) open space parcels which are identified as Open Space Parcels A and B on the Final Plat, and Parcel 9 which is identified as Parcel 9 on the Final Plat. The eight (8) development parcels on Top of Mill may be developed as follows: 03 Development on Parcel 1. Approval is hereby granted for the development o f six (6) free market, four-bedroom, multi-family townhouse units on Parcel 1. Such units shall be contained in two (2) separate triplex structures. Each individual townhouse unit shall contain no more than 4,500 square feet of floor area. Development on Parcel 1 is limited to a maximum allowable floor area of 27,000 square feet. TOMI shall further subdivide Parcel 1 by the creation of a common interest community. Prior to the conveyance of any interest in Parcel 1, a common I interest community plat for either a condominium or planned community (as determined by TOMI) shall be duly recorded. TOMI shall record the approved condominium (or planned community) subdivision plat for Parcel 1 in the office of the Pitkin County Clerk and Recorder within one hundred eighty (180) days of its approval by the Community Development Director. IfTOMI fails to record the approved plat within one hundred eighty (180) days following approval by the Community I Development Director, the plat shall be invalid and TOMI shall be required to submit a new plat to the Community Development Director for approval. (b) Development on Parcel 2. Approval is hereby granted for the development of four (4) affordable housing units on Parcel 2. Such units shall be contained within a single multifamily structure. Three (3) of said units shall be three-bedroom units, each having no less than 1550 square feet of net livable area andthe fourth unit shall be a four-bedroom unit having no less than 1870 square feet of net livable area; provided, however, that the actual amount of net livable area in each unit shall be determined at the time of building permit application. Development on Parcel 2 is limited to a maximum allowable floor area of 8,000 square feet. TOMI shall further subdivide Parcel 2 by the creation of a common interest I 38181-16 5 15\I.Ill m--ulli li-Tilll-ri-Ilill~mi~~m~ =2.100 5 of 47 08/16/2002 02:27F ILVIA DEVIS PITKI N COJ TP CO R 235.00 D 0.00 EXECUTION COPY community. Prior to the conveyance of any interest in Parcel 2, a common interest community plat for either a condominium or planned community (as determined by TOMI) shall be duly recorded. TOMI sha[1 record the approved condominium (or planned community) subdivision plat for Parcel 2 in the office of the Pitkin County Clerk and Recorder within one hundred eighty (180) days of its approval by the Community Development Director. If TOMI fails to record the approved plat within one hundred eighty (180) days following approval by the Community Development Director, the plat shall be invalid and TOMI shall be required to submit a new plat to the Community Development Director for approval. The affordable housing units to be developed on Parcel 2 shall comply with all representations made by TOMI in connection with the Application and comply with the deed restrictions administered by APCHA. A master owner' s association for Top of Mill to be known as "Top of Mill Master Association", or such other name determined by TOMI (the "Master Association") will be formed as a master association to exercise the functions set forth in the Master Declaration of Protective Covenants of Top of Mill (the "Master Declaration") and to own, lease, hold, operate, care for and manage certain property for the common benefit of owners of the Parcels within Top of Mill. A separate owners association shall be created for the affordable housing units on Parcel 2, which shall participate in, and be subject to the Master Association and Master Declaration. The Master Declaration shall provide that all annual and special assessments under the Master Declaration shall be allocated 1/17th to each ofthe four (4) affordable housing units on Parcel 2, and that until such time as the units are constructed, Parcel 2 shall be allocated 4/17th ofall annual and special assessments. In addition, there will be a separate assessment for maintenance, repair, replacement or improvements to Top of Mill Street (the private road shown on the Final Plat) and the sidewalks within Top of Mill (the "Private Road Assessment"). Six percent (6%) ofthe Private Road Assessment shall be allocated to Parcel 2 (i.e., 1.5% per unit for each of the four (4) affordable housing units on Parcel 2). Notwithstanding the foregoing allocations, the Master Declaration shall provide that annual and special assessments and Private Road Assessments against any affordable housing unit on Parcel 2 shall not exceed one thousand dollars ($1000.00) per unit per year. (i) Affordability of Parcel 2 Units. The four (4) affordable housing units approved for development on Parcel 2 completely satisfy all requirements of the City' s Multifamily Housing Replacement Program with respect to the demolition of multi-family dwelling units on all of (i.e., Lots 1,2, 3,4, 5 and 6) the Aspen Mountain Subdivision/PUD. TOMI shall meet with APCHA to maintain the average price of the of the four (4) affordable housing units approved for development on Parcel 2 to APCHA Category 2, but to price one of the three bedroom units shall be priced between Category 1 and 2, and the price of the 4-bedroom unit shall be between Category 2 and 3, but marketed and sold as a Category 3 unit. Three of the four units on Parcel 2 shall be distributed and sold under the general lottery through APCHA. TOMI shall be able to choose a buyer for one of the units (and designate the unit to be purchased). However, the buyer chosen by TOMI must be a fully quali fied employee under the category for the unit chosen; 1.e., the potential buyer 38181-16 6 471100 1111111 lilli 111111 1111' ll'l ill ilil lilli Ill lilli ll'l l'll 08/16/2002 02:27F Page: 6 of 47 SILVIA DAVIS PITKIN COUNTY CO R 235.00 D 0.00 * t EXECUTION COPY must meet income and asset requirements, meet minimum occupancy requirements, i not own any other property in the Roaring Fork Drainage System, and have worked in Pitkin County 1500 hours per year for the previous four years. At the time a Certificate of Occupancy is issued for any affordable housing unit constructed on Parcel 2, APCHA shall have the right to conduct a site visit. te) Development on Parcel 3. Approval is hereby granted for the development of two (2) free market dwelling units on Parcel 3. Such units shall be contained within one (1) duplex structure. Each dwelling unit within the duplex structure may contain a maximum o f four bedrooms and no more than 4,500 square feet o f floor area. Development on Parcel 3 is limited to a maximum allowable floor area of 9,000 square feet. TOMI shall further subdivide Parcel 3 by the creation of a common interest community. Prior to the conveyance of any interest in Parcel 3, a common interest community plat for either a condominium or planned community (as determined by TOMI) shall be duly recorded. TOMI shall record the , approved condominium (or planned community) subdivision plat for Parcel 3 in the office of the Pitkin County Clerk and Recorder within one hundred eighty (180) days o f its approval - by the Community Development Director. If TOMI fails to record the approved plat within - one hundred eighty (180) days following approval by the Community Development Director, the plat shall be invalid and TOMI shall be required to submit a new plat to the Community Development Director for approval. (i) Accessory Dwelling Unit on Parcel 3. One (1) o f the units within the duplex structure approved for development on Parcel 3 shall contain an ADU or the owner of Parcel 3, at its election, shall make a cash in lieu payment thereof. The ADU shall be deed restricted and constructed in accordance with the City' s ADU regulations under the 1996 Code. At the time a Certificate of Occupancy is issued for the ADU, APCHA shall have the right to conduct a site visit. Ifthe owner ofparcel 3 elects not to construct the ADU, a cash in lieu payment shall be made in accordance with the City's ADU regulations in effect at the time of building permit issuance. 03 Development on Parcel 4. Approval is hereby granted for the development of one (1) detached, free market single family residence on Parcel 4. Development on Parcel 4 is limited to a maximum allowable floor area of 6,200 square feet, which shall include the ADU if constructed at the owner's election under Section 2.2(i), below. le) Development on Parcel 5. Approval is hereby granted for the development of Cl one (1) detached, free market single family residence on Parcel 5. Development on Parcel 5 is limited to a maximum allowable floor area of 5,200 square feet, which shall include the ADU if constructed at the owner's election under Section 2.2(i), below. (8 Development on Parcel 6. Approval is hereby granted for the development of one (1) detached, free market single family residence on Parcel 6. Development on Parcel 6 38181-16 7 471100 Page: 7 of 47 i imi mr mil imial limimi mul\\ in\\11\ 08/16/2002 02:27F .eNTY CO R 235.00 D 0.00 EXECUTION COPY is limited to a maximum allowable floor area of 5,200 square feet, which shall include the ADU if constructed at the ow-ner's election under Section 2.2(i), below. 43 Development on Parcel 7. Approval is hereby granted for the development of one (1) detached, free market single family residence on Parcel 7. Development on Parcel 7 is limited to a maximum allowable floor area of 6,500 square feet, which shall include the ADU if constructed at the owner's election under Section 2.2(i), below. th) Development on Parcel 8. Approval is hereby granted for the development of one ( 1) detached, free market single family residence on Parcel 8. Development on Parcel 8 is limited to a maximum allowable floor area of 6,500 square feet, which shall include the ADU if constructed at the owner's election under Section 2.2(i), below. 0) Accessory Dwelling Units on Parceis 4,5,6,7 and 8. Each of the single family detached units approved for construction on Parcels 4,5,6,7 and 8 shall contain an ADU, or the owner of each Parcel, at his election, shall make a cash in lieu payment thereof. The decision whether to construct an ADU or make a cash in lieu payment may be made on a parcel-by-parcel basis. If an ADU is constructed, it shall be approved, deed restricted and in every other respect constructed in accordance with the City' s ADU regulations in effect at the time of building permit application for each structure. Ifacashinlieu payment is made, it shall be made in accordance with the City's ADU regulations in effect at the time of issuance of the applicable building permit. If an ADU is constructed on any Parcel, at the time a Certificate of Occupancy is issued for the ADU, APCHA shall have the right to conduct a site visit. (i) Exemption from GMQS. The thirteen (13) free market units approved for development on Top of Mill as hereinabove described are exempt from the City' s growth management quota system as the development rights for such units are derived from the 47 residential development rights held by TOMI under the First Amended PUD Agreement. TOMI's construction ofthe four (4) deed restricted affordable housing units on Parcel 2 and - the six (6) ADU's on Parcels 3-8 (or payment of cash in lieu thereof from the owners of Parcels 3-8), shall constitute compliance with all applicable City regulations with respect to the demolition and reconstruction of existing single family, duplex and multi-family residential units on all of (i.e., Lots 1, 2, 3, 4, 5 and 6) the Aspen Mountain Subdivision/PUD. No further affordable housing shall be required in connection with the development of Top of Mill as approved in this Agreement. It is understood that upon recording of this Agreement and recording of the Subdivision/PUD Agreement for Lot 5, Aspen Mountain Subdivision/PUD, no residential credits associated with the Aspen Mountain Subdivision/PUD will remain (it being understood that all remaining residential credits associated with the Aspen Mountain Subdivision/PUD will have been used in connection with Top of Mill and said Lot 5, Aspen Mountain Subdivision/PUD). 38181-16 8 111111111111111111 lilli lili 1111111 lilli 111 11111 lili 1111 471100 Page: 8 of 47 SILVIA DAVIS PITKIN COUNTY CO R 235.00 D 0.00 08/16/2002 02:27F EXECUTION COPY 04 Calculation of Floor Area. The calculation of allowable floor area for all structures and units approved for development on Top of Mill shall be made in accordance with the City's floor area regulations in effect at the time of the building permit application for each particular structure; provided, however, the maximum allowable floor areas set forth in this Agreement shall not be reduced (i.e., all required adjustments for calculating allowable floor area, such as steep slopes, easements, etc., have already been considered in determining the floor areas set forth in this Agreement). (13 Parking. A minimum of twelve (12) off-street parking spaces shall be provided on Parcel 1; eight (8) off-street parking spaces shall be provided on Parcel 2; four (4) o ff-street parking spaces shall be provided on Parcel 3; and two (2) o ff-street parking spaces shall be provided on each of Parcels 4 - 8. (m) Common Access Driveway, Access Road and Sidewalk, Curb and Gutter. (i) Common Access Driveway. Vehicular access to the townhouse units on Parcel 1 shall be from a common driveway from Mill Street. TOMI shall be responsible to construct the Parcel 1 common driveway in connection with the construction o f any improvement on Parcel 1. After completion of construction of the common driveway, all costs associated with the maintenance and repair, including snowplowing, of the common driveway shall be paid by the owners ofthe units located on Parcel 1. (ii) Access Road. Vehicular access to Parcels 2 through 8 shall be from a private road, identified on the Final Plat as "Top of Mill Street", to be extended from theÂ·existing terminus of South Mill Street. TOMI has dedicated on the Final Plat. for the benefit of owners of Parcels 2 through 8, their guests and invitees, a pen)etual non-exclusive easement for all ingress and egress purposes upon Top of Mill Street. TOMI shall be responsible for the construction ofTop of Mill Street as a subdivision improvement in accordance with Section 2.3 of this Agreement. After completion of said construction, all costs associated with the maintenance and repair, including snowplowing, of Top ofMill Street, shall be paid by owners of Parcels 2 through 8. (iii) Sidewalk, Curb and Gutter. TOMI shall install a sidewalk along the west side of Mill Street between Summit Street and the entrance to Top of Mill Street. TOMI shall install a curb and gutter on the west side of Mill Street adjacent to Parcel 1 and along Top of Mill Street. Such improvements shall be installed as subdivision improvements in accordance with Section 2.3 ofthis Agreement and as shown on the Final PUD Development Plan for Top of Mill to be recorded contemporaneously with the Final Plat and this Agreement. 03 Utilities. TOMI shall install all utilities shown on the Schematic Utility Plan for Top of Mill to be recorded contemporaneously with the Final Plat and this Agreement. 38181-16 9 1 1111111111111111111111 lili 1111111 lilli 11111111 lili lili 08/16/2002 02:27F 471100 Page; 9 of 47 SILVIA DAVIS PITKIN COUNTY CO R 235.00 D 0.00 EXECUTION COPY 2- All such utilities shall be installed as subdivision improvements in accordance with Section 2.3 of this Agreement. TOMI shall be required to show to the Aspen Consolidated Sanitation District ("ACSD") all service locations at the station numbers on the final utility plans for Top of Mill prior to building permit application. Additionally, TOMI shall indicate to the ACSD if main line easements within any City rights-of-way are to be dedicated by plat or by description. In addition, TOMI shall execute a "Line Extension Request" and a "Collection System Agreement" with ACSD prior to building permit application. Unless otherwise agreed to by TOMI and ACSD: (i) forty percent (40%) of the estimated total connection fees must be paid by TOMI to ACSD at the time service lines are stubbed offthe main line into the specific Parcels of Top of Mill and (ii) the remaining balance of the connection fees shall be paid by the owner o f the Parcel at the time service is established to such owner's Parcel. 03 Landscaping. TOMI shall install and otherwise implement all landscaping for Parcels 1, 2, 3 and Open Space Parcel A depicted on the approved Landscape Plan, which is to be recorded contemporaneously with the Final Plat and this Agreement. Landscaping for t 1% Parcels 4-8 shall be the responsibility o f the respective owners of those Parcels. (p) Trail Easements. (i) Top of Mill Trail. The Final Plat vacates the Top of Mill Trail Easement as shown on the First Amended Plat Aspen Mountain Subdivision and Planned Unit Development filed October 3, 1988 in Plat Book 21 at Page 35 (the "First Amended Plat"). The new Top of Mill Trail Easement shall be dedicated to the public for pedestrian purposes, as more fully set forth in that certain Top of Mill Trail Easement Agreement between TOMI and the City of Aspen attached hereto as Exhibit "A-1", to be recorded after: (1) publicly dedicated trails through adjoining lands have been connected up with the easterly and westerly ends of said Top ofMill Trail Easement; (2) the City ofAspen notifies TOMI thereof; and (3) an as-built legal description is available (and provided by TOMI) for the portion of the Top of Mill Trail Easement lying between the western boundary of Parcels 1 and 8 and the western boundary of Open Space Parcel B (it being understood that the Final Plat merely indicates the general vicinity of the new Top of Mill Trail Easement in that area and that the Top o f Mill Trail Easement i.n that area will be located and aligned after the trail is constructed in that area). The public dedication shall also include the ' ~ right, on the part of the public, to cross Top of Mill Street in order to utilize the Top of Mill Trail Easement. Until such time as said public dedication shall become effective, TOMI dedicates and sets apart to the Master Association for the exclusive ' use and benefit of the owners, from time to time, of Parcels 1 through 8, their guests and invitees, for pedestrian purposes, an easement across and through said Top of Mill Trail Easement. Upon conveyance to the Master Association of said Top ofMill Trail Easement and until the public dedication shall become effective, the Master Association shall be: (a) responsible for the maintenance of said trail and (b) entitled 38181-16 10 471100 Page: 10 of 47 4 lilli lilli--lilli- -lillill'Illlili 08/16/2002 02:27F S.LVIA DAVIS PITKIN COLi.-Â¥ CO 2 235.00 D 0.00 EXECUTION COPY to adopt and enforce reasonable rules and regulations concerning the use thereof TOMI, for itself, its successors and assigns, shall improve the Top of Mill Trail Easement as it lies within Top of Mill by constructing a four-foot (4') wide single track path with underlying matting and a crusher-fine surface; provided. however, that TOMI shall have no obligation to improve that portion of the Top of Mill Trail Easement lying between the Aspen Mountain Trail and the western boundary of Open Space Parcel B unless and until publicly dedicated trails through adjoining lands have been connected up with the easterly and westerly ends ofTop of Mill Trail j Easement. If TOMI has not improved the Top of Mill Trail Easement as required herein at the time the public dedication becomes effective, TOMI shall deposit into escrow with the City of Aspen sufficient funds, in an amount determined by the City, to pay of the cost of completing said improvements. If said improvements have not been completed within five (5) years of the date this Agreement is recorded, whether due to the fact that publicly dedicated trails through adjoining lands have not been connected up with the easterly and westerly ends of said Top of Mill Trail Easement t or otherwise. the funds deposited into escrow by TOMI for this purpose shall be released to the City and TOMI shall thereafter be relieved ofany further obligation to improve the Top of Mill Trail Easement. Upon recordation of the Top of Mill Trail Easement Agreement, the portion ofthe Top of Mill Trail Easement depicted on the Final Plat located between the western boundary of Parcels 1 and 8 and the western boundary of Open Space Parcel B shall automatically be vacated and replaced by the portion of the Top of Mill Trail Easement in that area described in the Top o f Mill Trail Easement Agreement. (ii) Aspen Mountain Trail. The Final Plat vacates the Aspen Mountain Trail as shown on the First Amended Plat. The Aspen Mountain Trail Easement shown on the First Amended Plat will be replaced by a new Aspen Mountain Trail Easement to be located and aligned in the general vicinity depicted on the Final L T Plat; however, the Aspen Mountain Trail Easement depicted on the Final Plat merely indicates the general vicinity of the new Aspen Mountain Trail Easement. The new Aspen Mountain Trail Easement shall be dedicated to the public for pedestrian and skiing purposes only as more fully set forth in that certain Aspen Mountain Trail Easement Agreement between TOMI and the City of Aspen attached hereto as Exhibit "A-2", to be recorded at a later date (the "Aspen Mountain Trail Easement Agreement"). The Aspen Mountain Trail Easement Agreement shall be recorded after TOMI and the City of Aspen have agreed upon the actual location and alignment for the new Aspen Mountain Trail Easement. After TOMI and the City o f Aspen have agreed upon the actual location and alignment for the new Aspen Mountain Trail Easement, TOMI shall provide in recordable form an as-built legal description of said new Aspen Mountain Trail Easement that shall be attached to, and recorded with, the Aspen Mountain Trail Easement Agreement. Upon recordation of the Aspen Mountain Trail Easement Agreement, the Aspen Mountain frall Easement depicted on the Finai Piat shall 38181-16 11 111'll' 11111111111 lilli lili 1111111 lilli 111111111 Ill illi 08/16/2002 02:27F 471100 Page: 11 of 47 EXECUTION COPY automatically be vacated and replaced by the Aspen Mountain Trail Easement described in the Aspen Mountain Trail Easement Agreement. (q) Drainage. TOMI shall install the drainage improvements shown on the Grading and Drainage Plan to be recorded contemporaneously with the Final Plat and this Agreement. Drainage improvements shall be installed as a subdivision improvement in accordance with Section 2.3 of this Agreement. In addition, TOMI has granted the City a twenty foot (20') wide utility easement between Parcels 4 and 5 and over Open Space Parcel A as depicted on the Final Plat to be used solely for the purpose of allowing the City to install, maintain and repair a storm drain pipe within said easement, as more fully set forth in that certain Storm Drain Pipe Easement Agreement between TOMI and the City of Aspen attached hereto as Exhibit "B" to be recorded contemporaneously with this Agreement. (r) Air Quality. During all construction activities on Top of Mill, TOMI shall comply with the fugitive dust control specification included as part of the Construction Management Plan that will be submitted prior to building permit issuance. All development within Top of Mill shall comply with the Environmental Health Department's woodbuming stove/fireplace regulations in effect at the time of issuance of the applicable building permit. (s) Improvement Districts. On behalf of itself and all future owners of any property within Top of Mill, TOMI hereby agrees to join any future improvement districts that may be formed for the purpose of constructing improvements that benefit the subject property under an assessment formula. To the extent any future irnprovement districts are formed for storm sewers, storm water retention or slope movement, TOMI shall receive a credit against any amounts that may be assessed against it for amounts paid pursuant to subparagraphs (dd), (ee) or (ff) below. 83 School Land Dedication Fees. The owner of each Parcel shall pay the required School Land Dedication Fee to the City of Aspen, which is due and payable at the time of building permit application for the development of its parcel. This fee shall be ' assessed at the rate of the regulations and calculations in effect at the time of the building permit application. 04 Park Development Impact Fees. The owner of each Parcel shall pay the required Park Development Impact Fee to the City ofAspen, which is due and payable at the time of building permit application for the development of its parcel. This fee shall be assessed at the rate of the regulations and calculations in effect at the time of the building permit application. (v) Exterior Lighting. All exterior lighting within Top of Mill shall comply with the Site and Exterior Lighting Plan to be recorded contemporaneously with the Final Plat and this Agreement. TOMI shall be required to submit detailed "cut sheets" for the proposed 38181-16 12 l illill 1 lilli- li lli I lili 11.111111111 lil i 08/16/2002 02:27F 471100 Page: 12 cf 47 S_LVIA DAVIS PI-KIN COUN-Y Co R 235.00 D 0.00 EXECUTION COPY street lights on Top of Mill indicating the correct lumens on the lighting plan as part of the detailed building set to be examined during building permit review. (W) Work in Public Rights-of-Way. TOMI shall first receive the approval of the appropriate City Department and/or utility/service district prior to commencement of any work within a public right-of-way. 04 Damage to Public Rights-of-Way. TOMI shall repair any public right-of-way damaged during construction on any Parcel within Top of Mill prior to issuance of a certificate ofoccupancy for any structure on said Parcel. ty) Construction Hours. Construction activity within Top ofMill shall be limited to the hours between 7:00 a.m. and 7:00 p.m., Monday through Saturday. No construction activity shall be permitted on Sunday. 03 Construction Management Plan. During all construction activities on Top of Mill, TOMI shall comply with the Construction Management Plan that will be submitted prior to building permit issuance. (aa) Infrastructure and Removal of Fill. TOMI shall have the right to apply for permits for construction of infrastructure and removal of fill from Top of Mill at any time after approval of Ordinance No. 7. (bb) Erosion Control. Erosion control plans, including potential natural resource protection structures, and a detailed plan for irrigation systems and other plantings within the City of Aspen right-of-way shall be submitted by TOMI to the Parks Department for approval prior to the application ofbuilding permits. Separate erosion control plans shall be submitted by the owners of each Parcel prior to the issuance of a building permit for their respective Parcels. (CC) Street Impact Fees. TOMI and Grand Aspen Lodging, LLC have contributed $83,000.00 in Street Impact Fees to the City of Aspen in connection with the proposed development on Top of Mill and on Lot 5 of the Aspen Mountain Subdivision/PUD. No additional street impact fees will be charged in connection with Top of Mill or Lot 5 of the Aspen Mountain Subdivision/PUD. (dd) Storm Sewer. The City of Aspen has agreed to install a storm sewer pipeline adjoining Mill Street and the southern property line of Top of Mill that will run down Mill Street and tap into the City' s existing storm sewer line at or above Durant Street. TOMI has paid the City $14,000.00 towards the cost of designing a complete infrastructure system for South Mill Street and will pay up to an additional $66,000.00 towards the cost of such system within 30 days after completion, as long as it is completed by October 1,2002. Once 38181-16 11 li li 1111 lil i 11111111 lili lilli 08/16/2002 02:27F 471100 Page: 13 of 47 SILVIA DAVi S PI-KIN COLN-Y CO R 235.00 D 0.00 EXECUTION COPY the infrastructure has been constructed at Top of Mill, TOMI shall connect the Top of Mill storm sewer system with the City's and there shall be no cost to TOMI to do so. (ee) Rio Grande Ponds. The City has a plan to upgrade its storm water retention ponds at Rio Grande Park, the cost of which shall be borne by all new development in the City. TOMI and Grand Aspen Lodging, LLC shall contribute $144,000.00 towards the construction of such upgrades within six (6) months ofthe latest to occur of(i) the recording of the Final Plat or (ii) the recording of the final plat for Lot 5 of the Aspen Mountain Subdivision/PUD. No additional costs of the upgrades will be charged to TOMI, Grand Aspen Lodging, LLC or the owners of any real property within Top of Mill or Lot 5 of the Aspen Mountain Subdivision/PUD. If the City has not proceeded with the aforementioned upgrades within five years of the date of this Agreement, the entire $144,000.00 (plus accrued interest) shall be returned to TOMI and Grand Aspen Lodging, LLC. (ff) Slope Movement Monitoring System. The City Engineering Department has requested TOMI to voluntarily contribute $55,000.00 towards the cost of studying and/or developing a slope movement monitoring system for slopes above the City of Aspen. Although TOMI is not aware of any need for such system, or has ever been shown the necessity of such a system above Top of Mill, TOMI has agreed to contribute $55,000.00 for such purpose with the restriction that such funds be used solely for studying and/or developing a system for slopes above Top of Mill. TOMI's contribution under this paragraph shall be made within six (6) months of the recordation ofthe Final Plat. The City shall hold such funds in escrow and shall be dispersed only for the purposes described in this paragraph and upon mutual approval o f TOMI and the City. If the City has not proceeded with the aforementioned study and/or development within three years of the date of this Agreement, the entire $55,000.00 (plus accrued interest) shall be returned to TOMI. (gg) Fire Protection. Fire sprinklers and alarm systems shall be installed in all the proposed buildings on Top of Mill as required by the City of Aspen Fire Marshal. Appropriate "booster pumps" (if required) rather than pressure tanks for the sprinkler system shall be used to gain the necessary water pressure as required by the City Fire Department. The owner of each Parcel shall be responsible for ensuring that any buildings constructed thereon shall comply with this condition of approval. In addition, TOMI shall submit a fire safety plan for the demolition of the existing structures to be preformed by TOMI and the construction of the proposed development of Top of Mill to the Engineering Department at the time o f building permit application. (hh) Development on Parcel 9. Development on Parcel 9 shall be limited to the existing garage and trash storage structures and any replacement thereof (whether due to casualty, obsolescence or otherwise), which replacement shall be for the same use; occur only within the footprint of said existing structures and the existing square footage of said structures cannot be increased. The provisions ofthis Paragraph 2.2(hh) and 2.1(b)(ii) and (iii) above shall be binding on Parcei 9. 38181-16 14 471100 1 111111 Ilit' 111111 lilli lili 11111'l lilli 111 111111111 lili 08/16/2002 02:27F Page: 14 of 47 r. R 235.00 D 0.00 EXECUTION COPY 2.3 Subdivision Improvements. TOMI shall complete the following subdivision improvements, all as depicted on the Final PUD Development Plan for Top of Mill, which is attached to and recorded as a part of the Final Plat. (a) Excavation and removal of approximately 28,000 cubic yards ofexcess fill to bring the site back to the base elevations utilized in the site grading plan. (b) Construction of approximately 1,000 linear feet ofsidewalk both in the public right-of-way (820 linear feet) and internal to the project site. (c) Installation of two handicap sidewalk ramps. (d) Installation of up to 4 street lights in the public right-of-way and on Top of Mill Street. (e) Construction ofapproximately 1,200 linear feet of new curb and gutter along the west side o f the South Mill Street as well as along Top of Mill Street. (f) Construction of approximately 900 linear feet of 8 inch diameter ductile iron water main extension including two fire hydrants and related gate valves and fittings. (g) Construction of approximately 480 linear feet of 8 inch diameter PVC sewer main extension including 6 sewer manholes and appurtenances. (h) Installation of approximately 650 linear feet of electric primary, gas, phone and cable T-V lines. (i) Installation of site drainage improvements including 620 linear feet of storm drain, 6 inlet structures and 3 manholes to handle storm runoff from new impervious areas. 0) Placement of 4,500 square yards of asphalt or concrete paving. -- (k) Construction of approximately 500 linear feet of 4-foot wide gravel path within Top o f Mill Trail Easement. (1) Construction of approximately 590 linear feet of 4-foot wide gravel path - within Aspen Mountain Trail Easement. 2.4 Cost of Subdivision Improvements. The current estimated cost ofthe subdivision improvements described in Section 2.3 above, as more specifically set forth in the Engineer's Estimate of Cost prepared by Schmueser Gordon Meyer: Inc. dated May 31,2002, acopy ofwhichis 38181-16 15 lilill --lil illi ill ilillililll lillilli illill illill 08/16/2002 02:27F 471100 Page: 15 of 47 SILV -A DAVIS PITK N COUNTY CO R 235 0101 na .a EXECUTION COPY attached hereto as Exhibit "C" and made a part hereof by this reference, and as approved by the City Engineer, is $746,925.00. TOMI shall complete construction of the aforesaid subdivision improvements in accordance with a Construction Schedule to be submitted to the City Engineering Department simultaneously with submission of the financial guarantee described in Section 2.6 hereof. 2.5 Landscape Plan and Related Costs. TOMI shall install all landscaping on Parcels 1,2,3 and Open Space Parcel A depicted on the approved Landscape Plan, which is to be recorded contemporaneously with the Final Plat and this Agreement. Landscaping for Parcels 4-8 shall be the responsibility of the respective owners of those Parcels. TOMI shall ensure the success of all landscaping installed by TOMI pursuant to the Landscape Plan for a period of two (2) years from the date of installation. TOMI shall replace any landscaping installed by TOMI that fails during such two (2) year period except where damage or destruction ofsuch landscaping is caused by individual property owners. After installation and initial grow-in o f such landscaping, the Master Association shall have the responsibility to irrigate, mow, trim, and otherwise maintain the landscaping within Open Space Parcel A, the homeowners association for the townhouses on Parcel 1 shall have the responsibility to irrigate, mow, trim, and otherwise maintain the landscaping within Parcel 1, and the homeowners association for the affordable housing units on Parcel 2 shall have the responsibility to irrigate, mow, trim, and otherwise maintain the landscaping within Parcel 2. The owners of the duplex units on Parcel 3 shall have the responsibility to irrigate, mow, trim, and otherwise maintain the landscaping within Parcel 3. The current estimated cost ofimplementing the Landscape Plan and for assuring the success of said landscaping for a period o f two (2) years after installation, as more specifically set forth in the schedule prepared by DHM Design Corporation dated May 15,2002, attached hereto as Exhibit "D" and made a part hereo f by this reference, and as approved by the City Engineer, is $82,182.00.00 for Parcel 1; $47,600.00 for Parcel 2; $ 31,023.00 for Parcel 3; and $55,887.00 for Open Space Parcel A. 2.6 Financial Assurances. (a) In order to ensure construction and installation of the subdivision improvements described in Section 2.3 above, and to guarantee 100 percent o f the current estimated cost o f the subdivision improvements, TOMI shall provide to the City an irrevocable letter of credit from a financially responsible lender in the amount of$746,925.00 (the "Subdivision Improvements Letter o f Credit"). The Subdivision Improvements Letter of Credit shall be provided to the City prior to the issuance of a building permit for the construction ofthe first residential structure on Top ofMill. (b) In order to ensure construction and installation of the landscaping improvements described in Section 2.5 above, and to guarantee 125 percent of the current estimated cost o f the landscaping improvements (including 2 years of maintenance thereoO, TOMI shall provide to the City irrevocable letters of credit from a financially responsible lender in the amount of $102,727.50 (i.e., 125% of $82,182.00) for the landscaping improvements on Parcel 1; $59,500.00(i.e.,125% of $47,600.00) for the landscaping improvements on Parcel 2; $38,778.75 (i.e., 125% of $31,023.00) for the landscaping improvements on Parcel 3: and $69.858.75 (i.eâ€ž 125% of $55,887.00) for the 38181-16 16 1111.1111111111 111111111111Ill 08/16/2002 02:27F 471100 Page: 16 of 47 SILVIA DAEIS PITKIN COLNTÂ¥ C J R 235.00 D 0.00 EXECUTION COPY landscaping improvements on Open Space Parcel A; (each, a "Landscaping Letter of Credit", and collectively, the "Landscaping Letters of Credit"). The Landscaping Letter of Credit for Parcel lshall be provided to the City at the time of building permit application for Parcel 1. The Landscaping Letter o f Credit for Parcel 2shall be provided to the City at the time of building permit application for Parcel 2. The Landscaping Letter of Credit for Parcel 3 shall be provided to the City at the time of building permit application for Parcel 3. The Landscaping Letter of Credit for Open Space Parcel A - shall be provided to the City with the first Landscaping Letter of Credit for Parcels 1,2 or 3 (e.g., if TOMI applies for a building permit for Parcel 1 before Parcels 2 or 3, then the Landscaping Letters of Credit for Parcels 1 and Open Space Parcel A shall be provided at the time of building permit application for Parcel 1). 1. (c) The Landscaping Letters of Credit and the Subdivision Improvements Letter of Credit (together, the "Letters of Credit") shall be in a form reasonably acceptable to the City Attorney and the City Manager, and give the City the unconditional right, upon default by TOMI to draw on funds as necessary and upon demand to partially or fully complete and/or pay for any of such improvements or pay any outstanding and delinquent bills for work done thereon by any party, with any excess letter of credit amounts to be applied first to additional administrative or legal costs associated with any such default and the repair of any deterioration in improvements already constructed before the unused remainder, if any, of such Letter of Credit is released to TOMI. Provided, however, that TOMI shall be given fourteen (14) days written notice o f default (and the right to cure during said period) prior to the City's ability to make a draw under any Letter of Credit. Notwithstanding the foregoing, delays or other problems resulting from acts o f God or other events beyond the reasonable control of TOMI shall not constitute a default hereunder so long as a good faith effort is being made to remedy the problem and the problem is in fact resolved within a reasonable period of time following its occurrence. As portions of the improvements required are completed, the City Engineer shall inspect the subdivision improvements and the City Parks Department shall inspect the landscaping improvements, and upon approval and written acceptance, a reduction in the outstanding amount of the applicable Letter of Credit shall be authorized in an amount equal to the agreed estimated cost for the completed portion of the improvements; provided, however, that ten percent (10%) of the estimated cost shall be withheld until all proposed improvements are completed and approved by the City Engineer or City Parks Department, as the case may be, and with respect to landscaping improvements, an additional twenty-five percent (25%) of the estimated cost thereof shall be retained until the landscaping improvements have been maintained in a satisfactory condition for two (2) years. (d) It is the express understanding of the parties that compliance with the procedure set forth in Section 2.7 below pertaining to the procedure for default and amendment of this Agreement shall not be required with respect to the enforcement and implementation of these financial assurances and guarantees to be provided by TOMI as set forth above. 2.7 Noncompliance and Request for Amendments or Extensions by TOMI. In the event that the City Council determines that TOMI is not acting in substantial compliance with the terms o f this Agreement, the City Council shall noti fy TOMI in writing specifying the alleged non- 38181-16 17 471100 08/16/2002 02:27F Page: 17 of 47 pr,HNTY CO R 235.00 0 0.00 EXECUTION COPY compliance and asking that TOMI remedy the alleged non-compliance within such reasonable time as the City Council may determine, but not less than 30 days. If the City Council determines that TOMI has not complied within such time, the City Council may issue and serve upon TOMI a written order specifying the alleged non-compliance and requiring TOMI to remedy the same within thirty (30) days thereafter. Within twenty (20) days of the receipt ofsuch order, TOMI may file with the City Council either a notice advising the City Council that it is in compliance or a written petition requesting a hearing to determine any one or both of the following matters: (a) W-hether the alleged non-compliance exists or did exist, or (b) Whether a variance, extension of time or amendment to this Agreement should be granted with respect to any such non-compliance, which is determined to exist. Upon the receipt of such petition, the City Council shall promptly schedule a hearing to consider the matters set forth in the order o f non-compliance and in the petition. The hearing shall be convened and conducted pursuant to the procedures normally established by the City Council for other hearings. If the City Council determines by a preponderance of the evidence that a non- compliance exists which has not been remedied, it may issue such orders as may be appropriate, including the imposition of daily fines until such noncompliance has been remedied, the withholding of permits and/or certificates of occupancy, as applicable: provided, however, no order shall terminate any land use approval. The City Council may also grant such variances, extensions of time or amendments to this Agreement, as it may deem appropriate under the circumstances. The parties expressly acknowledge and agree that the City Council shall not unreasonably refuse to extend the time periods for performance if TOMI demonstrates by a preponderance of the evidence that the reasons for the delay(s) which necessitate said extension(s) result from acts of God or other events beyond the reasonable control of TOMI, despite good faith efforts on its part to perform in a timely manner. ' 2.8 Top of Mill Construction Schedule. Development ofTop of Mill shall comply with the most recent municipal engineering practice standards and the "Best Management Practices" (BMPs) identified for water quality control requirements. The development shall occur in accordance with the time frames set forth below, which are contained in Aspen City Council Ordinance No. 15, Series of 2002 ("Ordinance No. 15-02"): (a) TOMI may submit building permit applications for construction of infrastructure and removal o f fill any time after approval o f Ordinance 7, but such applications shall be submitted no later than thirty (30) days after recordation of this Agreement and the Final Plat. (b) TOMI may submit building permit applications for the improvements to be constructed on Parcels 1 and 2 any time after recordation o f this Agreement and the Final Plat. n 38181-16 08/16/2002 02-27F 471100 Page. 18 of 47 SILVIA DAVIS PITKIN COUNTY CO R 235.00 D 0.00 'Ht =willi li illill 11 lililli ililli lil I 471100 Page: 19 of 47 08/16/2002 02:27!: S-LVIA DAVIS PITKIN COUN-Y CO R 235.00 D 0.00 EXECUTION COPY (c) TOMI may submit building permit applications for the improvements to be I constructed on Parcels 3,4,5,6,7 and 8 any time after approval of Ordinance 7, but not before a building permit is issued to Bavarian Affordable Housing, LLC for "Phase I" of the Bavarian Inn Affordable Housing Project. (d) No certificate o f occupancy for any town-home unit to be constructed on Parcel 1 shall i be issued until a certificate of occupancy has been issued for the affordable housing units to be constructed on Parcel 2. (e) The certificate of occupancy for the free-market improvements to be constructed on any of Parcels 3,4,5,6,7 and 8 shall not be issued until a certificate of occupancy has been issued for the on-site accessory dwelling unit on any such Parcel or the owner o f such Parcel has paid the applicable affordable housing impact fee. To the extent o f any conflict between the terms o f this Agreement and the provisions o f Ordinance No. 15-02, this Agreement shall govern and control. ARTICLE 3 GENERAL PROVISIONS 3.1 The provisions hereo f shall be binding upon and inure to the benefit of TOMI and City and each of their respective successors and assigns. 3.L This Agreement shall be subject to and construed in accordance with the laws of the State of Colorado. 3.3 If any ofthe provisions ofthis Agreement or any paragraph, sentence, clause, phrase, word, or section or the application thereo f in any circumstance is invalidated, such invalidity shall not affect the validity ofthe remainder of this Agreement, and the application of any such provision, paragraph, sentence, clause, phrase, word, or section in any other circumstance shall not be affected thereby. 3.4 This Agreement and the Exhibits attached hereto contains the entire understanding between the parties hereto with respect to the transactions contemplated hereunder. TOMI, its successors or assigns may, on its own initiative, petition the City Council for an amendment to this Agreement or an extension of one or more of the time periods required for performance hereunder. The City Council shall not unreasonably deny such petition for amendment or extension after considering all appropriate circumstances. Any such amendments or extensions oftime shall only become effective upon the execution by all parties hereto that are affected by the proposed amendment (it being understood that after TOMI conveys Parcel 9 as described in Section 2.1(a) above, Parcel 9 shall not, except as provided in Paragraphs 2.1(b)(ii) and (iii) and 2.2(hh) above, be covered by, or subject to this Agreement; and, excepting only said Paragraphs 2.1(b)(ii) and (iii) and 2.2(hh). this Agreement may be amended without the consent of the owner of Parcel 9). The 38181-16 19 EXECUTION COPY provisions of this Agreement shall supersede and replace Section M of the First Amended PUD i Agreement as it relates to Top of Mill. 3.5 Numerical and title headings contained in this Agreement are for convenience only, and shall not be deemed determinative ofthe substance contained herein. As used herein, where the context requires, the use of the singular shall include the plural and the use of any gender shall include all genders. 3.6 Upon execution o f this Agreement by all parties hereto, City agrees to approve and execute this Agreement and the Final Plat, and cause the same to be promptly recorded in the office of the Clerk and Recorder for Pitkin County, Colorado, upon payment of the recordation fee by TOMI. 3.7 Notices to be given to the parties to this Agreement shall be considered to be given if hand delivered or ifdeposited in the United States Mail to the parties by registered or certified mail at the addresses indicated below, or such other addresses as may be substituted upon written notice by the parties or their successors or assigns: 1111111 il lilli 11 lili ill Il'11111 11 City: City of Aspen Page: 20 of 47 471100 City Manager 08/16/2002 02: 27;; S.LVIA DAVIS Pi-KIN COUN-Y CO R 235,00 D 0.00 130 South Galena Street Aspen, CO 81611 TOMI: Top o f Mill Investors, LLC c/o Four Peaks Development, LLC 1000 S. Mill Street Aspen, CO 81611 With copy to: Ronald Garfield, Esq. Garfield & Hecht, P.C. i 601 E. Hyman Avenue Aspen, CO 81611 3.8 The terms, conditions, provisions and obligations herein contained shall be deemed covenants that run with and burden the real property more particularly described herein and any and all owners hereof, their successors, grantees or assigns, and further shall inure to the benefit of and be specifically enforceable by or against the parties hereto, their successors, grantees and assigns. [Signatures on Next Page] 38181-16 20 EXECUTION COPY IN WITNESS WHEREOF, the parties have hereunto set their hands and seals as of the day and year first above written. CITY: CITY OF ASPEN, COLORADO, a Colorado munic*407Poration ~---A-40%4 1/i L // /-2/ dtlud,Â« Wele 47,4 #\6 end , Mayor ATTEST: 1/ - ~ W th All UT# .4Â«-7(. ) Â»-14.0 Cathryn S. Koc~City-Cler]/ APPROVED AS TO FORM: t l f ()- C CiAAA. John Wdrcester, tity Attorney TOMI: TOP OF MILL INVESTORS, LLC, a Delaw*~limited liability comp~ty By: A- 1/44,0 ff j David Plifer, Director [Acknowledgments on Next Page] 1 .011'll ilill lill ill'111 ilill ill millin li illi 471100 Page: 21 of 47 SILVIA DAVIS PITKIN COUNTY CO R 235.00 D 0.00 08/16/2002 02:27F 38181-16 21 08/16/2002 02:27 471100 Page: 22 of 47 SILVIA DAVIS PITKIN COUNTY CO R 235.00 D 0.00 EXECUTION COPY STATE OF COLORADO ) ) SS COUNTY OF PITKIN ) p The above and foregoing document was acknowledged before me this | Lo~* day of Aiw luvt- , 2002, by (4-el â‚¬-n tal i vl Micl o r tuf as Mayor and Kathryn A. Koch as City Clerk of the City of Aspen, Colorado, a Colorado municipal corporation. Witness my hand and official , fC--ZU My commission expires: 4Me tki :t O W # i 1JACK1E ll Â»09 - Â· f*imMN,605Kcallj STATE OF b LockAbo j l / -3EOFCOLO COUNTY OF f IfmN } ss The above and foregoing document was acknowledged before me this 8th day of August 2002, by David Parker as Director for Top of Mill Investors, LLC, a Delaware limited liability company. Witness my hand and official r'<fulbr MY COMMISSION EXPIRES My commission expires: 11/09/*02 C _ L d ttif 1-*A 1582Â¢64*4~1 Notary Public 1/11'.*,_611 38181-16 22 lili lili 111:Ililil-Illil ill lillilli[ 08/ 16/2002 02: 270 471100 Page: 23 of 47 S_LV A Dâ€žVi S PITKIN COUN- ' CO R 235.00 D 0.00 EXECUTION COPY EXHIBIT "A-1" CITY OF ASPEN TOP OF MILL TRAIL EASEMENT THIS EASEMENT is made on , 2002 and is granted by Top of Mill Investors, LLC, a Delaware limited liability company, hereinafter referred to as "Grantor," to the City of Aspen, Colorado, a Municipal corporation, hereinafter referred to as "the City. For good and valuable considerations, the receipt and adequacy of which are hereby acknowledged, the parties hereby agree as follows: 1. Easement. Grantor hereby grants to the City a non-exclusive ten foot (10') foot wide easement, hereinafter referred to as the "Top of Mill Trail Easement" or the "Easement" over and across the real property located in Pitkin County, Colorado, more particularly described on Exhibit "A" attached hereto and incorporated herein, for use by members ofthe public solely for pedestrian purposes. The easement granted herein shall also include the right, on the part of the public to cross Top of Mill Street as shown on the Final Plat of Top of Mill Subdivision/PUD recorded ' , 2002 in Book at Page as Reception No. (the "Final Plat") in ) order to utilize the Easement. The City shall be permitted to make improvements to the Easement only to the extent required for drainage, safety and maintenance of the trail. No other improvements by the City (e.g., lighting, etc.) shall be permitted. While the Easement runs through lands owned by Grantor, access to the Easement may only be obtained by first crossing other lands not owned by Grantor. Obtaining access to the Easement shall be the responsibility of the City. Except as specifically provided herein, no other lands of Grantor may be used to access the Easement and nothing herein shall be construed as a grant, express or implied, over lands o f Grantor not described in Exhibit "A" for access to the Easement. Grantor reserves the right to use and enjoy the Easement and the land beneath and the airspace above for all purposes and uses which do not unreasonably interfere with the use and enjoyment by the City or members ofthe public of the rights herein granted. Without limitation to the foregoing, Grantor shall have the right to grant any easements to utility companies over or under the Easement. The City agrees to maintain the Easement at its sole expense; provided, however, that the City shall have the right to assign its maintenance responsibilities to whatever person or entity the City deems is desirable for the effective utilization and maintenance ofthe Easement granted herein. If the City fails to maintain the Easement within a reasonable period after notice from Grantor that the City has failed to do so, Grantor shall have the right, but not the obligation, to maintain the Easement and the City shall reimburse Grantor for any out-of-pocket costs incurred by Grantor. The Easement is granted subject to all existing easements, restrictions and covenants of record. 38181-16 23 EXECUTION COPY Notwithstanding anything to the contrary herein, the City recognizes that Grantor will be engaged in construction in connection with its proposed development of the Top of Mill Subdivision/PUD and that use of the Easement during construction is potentially dangerous and likely to be disruptive to Grantor. Therefore, neither the City nor any member of the public shall have the right to use the Easement until a certificate ofoccupancy has been issued for the townhomes to be constructed by Grantor on Parcel 1, Top of Mill Subdivision/PUD. In addition, after a certificate of occupancy has been issued for the townhomes to be constructed by Grantor on Parcel 1, Top of Mill S ubdivision/PUD, Grantor shall have the right to temporarily close the Easement from time-to-time when Grantor reasonably determines that use ofthe Easement will potentially conflict with Grantor's construction activities. Upon recordation ofthis Easement Agreement, the portion ofthe Top ofMill Trail Easement depicted on the Final Plat located between the western boundary of Parcels 1 and 8, Top of Mill Subdivision/PUD and the western boundary of Open Space Parcel B, Top of Mill Subdivision/PUD shall automatically be vacated and replaced by the portion of the Top of Mill Trail Easement described in this Easement Agreement in that area. 2. Easement Utilization. This Easement is solely for use by the public for pedestrian purposes. No hunting, horses or pedal bikes, such as mountain bikes shall be permitted on the Easement. The use of motor vehicles is also prohibited, except to the extent necessary from time to time for the construction and maintenance of the trail or for emergency vehicles when necessary. The grant of the easement, as described herein, shall be strictly construed. -3. Trail Construction. Subject to seasonal conditions, Grantor shall improve the Easement as it lies within Top of Mill by constructing a four-foot (4') wide single track path with underlying matting and a crusher-fine surface. If, at the time this Easement Agreement is recorded, Grantor has not yet completed such improvements, Grantor shall deposit into escrow with the City sufficient funds, in an amount determined by the City, to pay of the cost of completing said improvements. If said improvements have not been completed by [Insert date that is five (5) years after the date that the Top of Mill Subdivision/PUD Agreement is recorded], whether due to the fact that publicly dedicated trails through adjoining lands have not been connected up with the easterly and westerly ends of the Easement or otherwise, the funds deposited into escrow by Grantor for this purpose shall be released to the City and Grantor shall thereafter be relieved of any further obligation to improve the Easement. 4. Maintenance, Hold harmless and Insurance. The parties expressly acknowledge that the Easement is granted for a "recreational purpose" under, and Grantor is entitled to the benefits, protection and limitations on liability afforded by Colorado law governing recreational easements, including, but not limited to, Colorado Revised Statute Â§ 33-41-101, et seq., as amended. By granting the Easement, Grantor shall have no obligation to repair, clear or otherwise maintain the area within the Easement, or to insure or indemnify the City or any member o f the public for any i injury, claim or damage to any person or property, whether alleged to have occurred as a result ofuse o f the Easement or due to the condition of the trail. 38181-16 24 lili- 1 11 lili 111 lilli 11 08/16/2002 02:27; 471100 Page: 24 of 47 SILLIA Dr,VIS PITKIN .0- Tt CO R 235.00 0 0.00 EXECUTION COPY By accepting the Easement granted herein, the City agrees, to the extent permitted by law, to defend and hold Grantor and its successors and assigns harmless, subject to the procedural requirements and monetary limits ofthe Colorado Governmental Immunity Act, Colorado Revised Statutes Â§ 24-10-101, et seq.,as amended, for any injury, claim or damage to any person or property as a result of use of the Easement or due to the condition of the trail. 5. Right to Relocate. Grantor retains the right to relocate the Easement and/or the trail located therein, with the obligation to reconstruct any improvements thereon, at its sole expense and with the prior written approval of the City as to relocation, procedure and method of reconstruction of the public trail, which approval by the City shall not be unreasonably withheld as long as the proposed relocation and reconstruction serve the purposes of the City, as expressed herein, to the same extent as this Easement, and so long as the improvements so constructed also serve said purposes. 6. Amendment. This Easement and the rights and obligations granted and assumed herein may not be modified except by a writing signed by Grantor and City, or their respective successors and assigns, as applicable. 7. Notices. Any notices given pursuant to the terms of this Easement shall be given by mailing the same, certified mail, return receipt requested, properly addressed and with postage fully prepaid, to the addresses provided below or to subsequent assigns, as applicable, as long as prior written notice of the change of address has been given to the other parties listed below. Said notices - shall be sent to the parties hereto at the following address unless otherwise notified in writing: Grantor: Top of Mill Investors, LLC 1000 S. Mill Street , Aspen, Colorado 81611 Attn: Scott Writer With a copy to: Ronald Garfield, Esq. Garfield & Hecht, P.C. 601 E. Hyman Avenue Aspen, Colorado 81611 City: City o f Aspen 130 S. Galena Street _ Aspen, Colorado 81611 Attn: City Manager 8. Venue. Grantor and City agree that his Easement is made in accordance with the laws of the State of Colorado and shall be so construed. Venue is agreed to be exclusively in the courts of Pitkin County, Colorado. 38181-16 25 471100 Page. 25 of 47 1 11 il ul 11 Illilimill i 08/16/2002 02:27F J SILVIA DCUIS PI-KIN COL, TY CO R 235.00 D 0.00 EXECUTION COPY 9. Enforcement. Each of Grantor and the City shall have the right and power to bring suit in its own name for any legal or equitable relief due to lack of compliance with any provisions of this Easement. The failure of a party to insist upon the performance of any provisions or to exercise any right or option available to it, or to serve any notice or to institute any action, shall not be a waiver or a relinquishment for the future, of any such provision. If any court proceedings are instituted in connection with the rights o f enforcement and remedies provided in this easement, the prevailing party shall be entitled to reimbursement o f its costs and expenses, including reasonable attorneys' fees, in connection therewith. 10. Designation of Successor. Grantor, by instrument duly recorded in the real estate records of Pitkin County, Colorado, may designate a party to succeed to all the rights, privileges and remedies of Grantor hereunder. 11. Term. The term of this easement shall be permanent and perpetual, so long as the City shall comply with the terms, provisions and conditions set forth herein. 12. Successors and Assigns. All the provisions of this easement, including the benefits 1 0 and burdens created thereby, shall run with the land and be binding upon all persons who hereafter acquire any interest in the property described in Exhibit "A", whether as an owner, renter, trust deed or mortgage beneficiary, or otherwise. All provisions of this Easement inure to the benefit ofand be binding upon the parties hereto, their heirs, successors, assigns and personal representatives. [Signatures on Next Page] 471100 11--lilli lillil- -lilli lilli lili Page: 26 of 47 08/16/2002 02:27P SILLIA [AVIS PIT-Il COU-T'r Cl R 235.00 D 0.00 38181-16 26 EXECUTION COPY GRANTOR: TOP OF MILL INVESTORS, LLC a Delaware limited liability company By: Print Name: Title: CITY: CITY OF ASPEN, a Colorado Municipal corporation By: Print Name: Title: ATTEST: Kathryn S. Koch, City Clerk APPROVED AS TO FORM: John Worcester, City Attorney 471100 - 1 _11- Ill- -11111 lilli lilli Page: 27 of 47 08/16/2002 02:27F SILLIA DAVIS PIT IN CO-- Or O R 235.00 0 0.00 38181-16 27 EXECUTION COPY STATE OF COLORADO ) ) SS. - COUNTY OF PITKIN ) The foregoing Easement was acknowledged before me this day of ,2002 by , as of Top of Mill Investors, LLC, a _ Delaware limited liability company. Witness my hand and official seal. My com-mission expires: Notary Public STATE OF COLORADO ) ) SS. COUNTY OF PITKIN ) The foregoing Easement was acknowledged before me this day of ,2002 by , as of the City of Aspen, a Colorado Municipal corporation. Witness my hand and official seal. My commission expires: Notary Public 471100 11 li lilli 1 lillill'll li Ill 08/16/2002 02:27P Page: 28 of 47 SILLIA DAVIS PirKIN CO...TY CJ R 235.00 D 0.00 38181-16 28 EXECUTION COPY EXHIBIT "A" TO EXHIBIT "A-1" (Legal Description of Top of Mill Trail Easement) Top of Mill Trail Easement, according to the Final Plat of Top of Mill Subdivision/PUD, a planned community recorded , 2002 in Book _ at Page__ as Reception No. COUNTY OF PITKIN, STATE OF COLORADO. ~~~M ~N 1 471100 Page: 29 of 47 08/16/2002 02:27F 1 SILLIA DAVIS PITKIV COJ T'r Cl R 235.00 D 0.00 38181-16 29 EXECUTION COPY EXHIBIT "A-2" CITY OF ASPEN ASPEN MOUNTAIN TRAIL EASEMENT THIS EASEMENT is made on , 2002 and is granted by Top of Mill Investors, LLC, a Delaware limited liability company, hereinafter referred to as "Grantor," to the City of Aspen, Colorado, a Municipal corporation, hereinafter referred to as the "City." For good and valuable considerations, the receipt and adequacy of which are hereby acknowledged, the parties hereby agree as follows: 1. Easement. Grantor hereby grants to the City a non-exclusive thirty foot (30') wide easement, hereinafter referred to as the "Aspen Mountain Trail Easement" or "Easement" over and across the real property located in Pitkin County, Colorado, more particularly described on Exhibit "A" attached hereto and incorporated herein, for use by members of the public strictly as a trail for pedestrian and skiing purposes. The City shall be permitted to make improvements to the Easement only to the extent required for drainage, safety and maintenance of the trail. No other improvements by the City (e.g., lighting, etc.) shall be permitted. While the Easement runs through lands owned by Grantor, access to the Easement may only be obtained by first crossing other lands not owned by Grantor. Obtaining access to the Easement shall be the responsibility o f the City. No other lands of Grantor may be used to access the Easement and nothing herein shall be construed as a grant, express or implied, over lands of Grantor not described in Exhibit "A" for access to the Easement. Grantor reserves the right to use and enjoy the l Easement and the land beneath and the airspace above for all purposes and uses which do not unreasonably interfere with the use and enjoyment by the City or members ofthe public ofthe rights herein granted. Without limitation to the foregoing, Grantor shall have the right to grant any easements to utility companies over or under the Easement. The Easement is granted subject to all existing easements, restrictions and covenants of record. The City agrees to maintain the Easement at its sole expense; provided, however, that the City shall have the right to assign its maintenance responsibilities to whatever person or entity the City deems is desirable for the effective utilization and maintenance of the Easement granted herein. If the City fails to maintain the Easement within a reasonable period after notice from Grantor that i the City has failed to do so, Grantor shall have the right, but not the obligation, to maintain the Easement and tile City shall reimburse Grantor for any out-of-pocket costs incurred by Grantor. 38181-16 30 11 111 lili- -lilli lili 11111111 471100 Page: 30 of 47 08/16/2002 02:27F SILLIA DALIS FIrKIN uOL. 7 CO R 235.00 0 0 00 EXECUTION COPY Notwithstanding anything to the contrary herein, the City recognizes that Grantor will be engaged in construction in connection with its proposed development of the Top of Mill Subdivision/PUD and that use of the Easement during construction is potentially dangerous and likely to be disruptive to Grantor. Therefore, neither the City nor any member of the public shall have the right to use the Easement until a certificate o f occupancy has been issued for the townhomes to be constructed by Grantor on Parcel 1, Top of Mill Subdivision/PUD. In addition, after a certificate o f occupancy has been issued for the town-homes to be constructed by Grantor on Parcel 1, 4 Top of Mill Subdivision/PUD, Grantor shall have the right to temporarily close the Easement from time-to-time when Grantor reasonably determines that use of the Easement will potentially conflict with Grantor' s construction activities. 2. Easement Utilization. This Easement is solely for use as a trail for pedestrian and skiing purposes by the public, which for purposes o f this Easement includes the right to use horses and pedal bikes, such as mountain bikes. No hunting shall be permitted on the Easement. The use of motor vehicles is also prohibited, except to the extent necessary from time to time for the construction and maintenance of the trail or for emergency vehicles when necessary. The grant o f the easement, as described herein, shall be strictly construed. 3. Trail Construction. Subject to seasonal conditions, Grantor shall improve said Easement by constructing a four-foot (4') wide single track path with underlying matting and a crusher-fine surface, installation of trail signs at the ends o f the trail identifying the trail name and public access, which signs shall be designed and built in accordance with City of Aspen Parks Department standards. 4. Maintenance, Hold harmless and Insurance. The parties expressly acknowledge 11 Y that the Easement is granted for a "recreational purpose" under, and Grantor is entitled to the benefits, protection and limitations on liability afforded by Colorado law governing recreational easements, including, but not limited to, Colorado Revised Statute Â§ 33-41-101, etseq., as amended. By granting the Easement, Grantor shall have no obligation to repair, clear or otherwise maintain the area within the Easement, or to insure or indemnify the City or any member of the public for any injury, claim or damage to any person or property, whether alleged to have occurred as a result ofuse o f the Easement or due to the condition of the trail. By accepting the Easement granted herein, the City agrees, to the extent permitted by law, to defend and hold Grantor and its successors and assigns harmless, subject to the procedural requirements and monetary limits ofthe Colorado Governmental Immunity Act, Colorado Revised Statutes Â§ 24-10-101, et seq., as amended, for any injury, claim or damage to any person or property as a result of use of the Easement or due to the condition of the trail. 5. Right to Relocate. Grantor retains the right to relocate the Easement and/or the trail located therein, with the obligation to reconstruct any improvements thereon, at its sole expense and with the prior written approval ofthe City as to relocation, procedure and method of reconstruction of the public trail, which approval by the City shall not be unreasonably withheld as long as the 38181-16 31 11 11 Ill 6 illit -kilillililliltill 471100 Page: 31 of 47 08/16/2002 02:27F SILVIA DAVIS Fi [KIN COL..Pr CO R 235.00 D 0.00 EXECUTION COPY proposed relocation and reconstruction serve the purposes of the City, as expressed herein, to the ' same extend as this Easement, and so long as the improvements so constructed also serve said purposes. 6. Vacation of Prior Aspen Mountain Trail Easements. Reference is made to the Final Plat for the Top of Mill Subdivision/PUD recorded , 2002 in Book at Page as Reception No. (the "Final Plat"). The Final Plat (i) vacates the Aspen Mountain Trail as shown on the First Amended Plat Aspen Mountain Subdivision and Planned Unit Development, according to the Plat thereof filed October 3, 1988 in Plat Book 21 at Page 35 (the "First Amended Plat") and (ii) depicts the general vicinity of a new Aspen Mountain Trail Easement that will be located, aligned and dedicated by this Easement Agreement. Upon recordation of this Easement Agreement, the Aspen Mountain Trail Easement depicted on the Final Plat shall i automatically be vacated and replaced by the Easement described and dedicated in this Easement Agreement. 7. Amendment. This Easement and the rights and obligations granted and assumed herein may not be modified except by a writing signed by Grantor and City, or their respective successors and assigns, as applicable. 8. Notices. Any notices given pursuant to the terms of this Easement shall be given by mailing the same, certified mail, return receipt requested, properly addressed and with postage fully prepaid, to the addresses provided below or to subsequent assigns, as applicable, as long as prior written notice o f the change of address has been given to the other parties listed below. Said notices shall be sent to the parties hereto at the following address unless otherwise notified in writing: Grantor: Top of Mill Investors, LLC 1000 S. Mill Street Aspen, Colorado 81611 Attn: Scott Writer With a copy to: Ronald Garfield, Esq. Garfield & Hecht, P.C. 601 E. Hyman Avenue Aspen, Colorado 81611 City: City of Aspen 130 S. Galena Street Aspen, Colorado 81611 Attn: City Manager 38181-16 32 Page: 32 of 47 IE111~~MEM%M 08/16/2002 02:27F 471100 SILVIA DAVIS PITKIN COUNTY CO R 235.00 D 0,00 EXECUTION COPY 9. Venue. Grantor and City agree that his Easement is made in accordance with the laws of the State of Colorado and shall be so construed. Venue is agreed to be exclusively in the courts of - Pitkin County, Colorado. 10. Enforcement. Each of Grantor and the City shall have the right and power to bring suit in its own name for any legal or equitable relief due to lack of compliance with any provisions of , this Easement. The failure of a party to insist upon the performance ofany provisions or to exercise any right or option available to it, or to serve any notice or to institute any action, shall not be a waiver or a relinquishment for the future, of any such provision. If any court proceedings are instituted in connection with the rights o f enforcement and remedies provided in this easement, the prevailing party shall be entitled to reimbursement of its costs and expenses, including reasonable attorneys' fees, in connection therewith. 11. Designation of Successor. Grantor, by instrument duly recorded in the real estate records of Pitkin County, Colorado, may designate a party to succeed to all the rights, privileges and remedies o f Grantor hereunder. 12. Term. The term of this easement shall be permanent and pen)etual, so long as the City shall comply with the terms, provisions and conditions set forth herein. 13. Successors and Assigns. All the provisions ofthis easement, including the benefits and burdens created thereby, shall run with the land and be binding upon all persons who hereafter acquire any interest in the property described in Exhibit"A", whether as an owner, renter, trust deed or mortgage beneficiary, or otherwise. All provisions of this Easement inure to the benefit ofand be binding upon the parties hereto, their heirs, successors, assigns and personal representatives. 471100 111 Ill I lilli lilli lililll Page: 33 of 47 08/16/2002 02:27F Silk.A [HVIS PI V.IN -1. T'r CJ R 235.00 D 0.00 38181-16 33 EXECUTION COPY GRANTOR: 1 TOP OF MILL INVESTORS, LLC a Delaware limited liability company By: Print Name: Title: CITY: CITY OF ASPEN, a Colorado Municipal corporation By- Print Name: ~Title: ATTEST: Kathryn S. Koch, City Clerk Al?PROVED AS TO FORM: 2499 7/2 0~4.._ Jdhn-Wdreester,tfty Attorney 471100 1 1 11 li il li 11111111 lilli l l lili Page: 34 of 47 08/16/2002 02:27F SILVIA DALIS FITKIN CO-:.TY CJ R 235.00 D 0.00 38181-16 34 EXECUTION COPY 9 i STATE OF COLORADO ) ) SS. COUNTY OF PITKIN ) .Â· The foregoing Easement was acknowledged before me this day of ,2002 by ,as ofAspen Mountain Investors, LLC, a Delaware limited liability company. , Witness my hand and official seal. My commission expires: Notary Public STATE OF COLORADO ) ) SS. COUNTY OF PITKIN ) The foregoing Easement was acknowledged before me this day of ,2002 by , as of the City of Aspen, a Colorado ' Municipal corporation. Witness my hand and official seal. My commission expires: Notary Public 08/16/2002 02:27F i 471100 Page: 35 of 47 A SILVIA DAVIS PITKIN COUNTY CO R 235.00 D 0.00 38181-16 35 EXECUTION COPY 4 EXHIBIT "A" TO EXHIBIT "A-2" [Attach Legal Description of Aspen Mountain Trail Easementl COUNTY OF PITKIN, STATE OF COLORADO. 1-j 471100 08/16/2002 02:27F = *ummam~amritimiimmniim Page: 36 of 4 SILVIA DAVIS PITKIN COUNTY CO R 235.00 D 0.00 38181-16 36 EXECUTION COPY EXHIBIT "B" CITY OF ASPEN STORM DRAIN PIPE EASEMENT THIS EASEMENT is made on , 2002 and is granted by Top ofMill Investors, D 1, LLC, a Delaware limited liability company, hereinafter referred to as "Grantor," to the City of Aspen, Colorado, a Municipal corporation, hereinafter referred to as "the City. ,. For good and valuable considerations, the receipt and adequacy of which are hereby acknowledged, the parties hereby agree as follows: 1. Easement. Grantor hereby grants to the City a non-exclusive twenty foot (20') foot wide utility easement, hereinafter referred to as the 6'Easement" over and across the real property located in Pitkin County, Colorado, more particularly described on Exhibit "A" attached hereto and incorporated herein, for use by the City solely for installation, maintenance and repair o f a storm drain pipe. ij While the Easement runs through lands owned by Grantor, access to the Easement may only , be obtained by first crossing other lands not owned by Grantor. Obtaining access to the Easement shall be the responsibility of the City. Except as specifically provided herein, no other lands of Grantor may be used to access the Easement and nothing herein shall be construed as a grant, express f C or implied, over lands of Grantor not described in Exhibit "A" for access to the Easement. Grantor reserves the right to use and enjoy the Easement and the land beneath and the airspace above for all purposes and uses which do not unreasonably interfere with the use and enjoyment by the City or members ofthe public of the rights herein granted. Without limitation to the foregoing, Grantor shall have the right to grant any easements to utility companies over or under the Easement. In the event that the City damages any landscaping or other improvements located in the Easement in connection with the rights granted hereunder, the City shall promptly repair any such damage and restore the land within the Easement to its prior condition. The Easement is granted subject to all existing easements, restrictions and covenants of record. 2. Easement Utilization. This Easement is solely for use by the City for installation, maintenance and repair of a storm drain pipe. The grant ofthe easement, as described herein, shall 1 be strictly construed. 1 .~. Amendment. This Easement and the rights and obligations granted and assumed herein may not be modified except by a writing signed by Grantor and City, or their respective successors and assigns, as applicable. 38181-16 37 08/16/2002 02:270 471100 Page: 37 of 47 SILVIA DAVIS PITKIN COUNTY CO 0 9.- -- EXECUTION COPY 4. Notices. Any notices given pursuant to the terms of this Easement shall be given by mailing the same, certified mail, return receipt requested, properly addressed and with postage fully prepaid, to the addresses provided below or to subsequent assigns, as applicable, as long as prior written notice ofthe change ofaddress has been given to the other parties listed below. Said notices shall be sent to the parties hereto at the following address unless otherwise notified in writing: Grantor: Top of Mill Investors, LLC 1000 S. Gatena Street Aspen, Colorado 81611 Attn: Scott Writer With a copy to: Ronald Garfield, Esq. Garfield & Hecht, P.C. 601 E. Hyman Avenue .UÂ· Aspen, Colorado 81611 City: City o f Aspen 130 S. Galena Street 1 Aspen, Colorado 81611 Attn: City Manager 5. Venue. Grantor and City agree that his Easement is made in accordance with the laws ofthe State of Colorado and shall be so construed. Venue is agreed to be exclusively in the courts of Pitkin County, Colorado. 6. Enforcement. Each of Grantor and the City shall have the right and power to bring suit in its own name for any legal or equitable relief due to lack of compliance with any provisions o f this Easement. The failure of a party to insist upon the performance o f any provisions or to exercise any right or option available to it, or to serve any notice or to institute any action, shall not be a 42 waiver or a relinquishment for the future, of any such provision. If any court proceedings are f instituted in connection with the rights of enforcement and remedies provided in this easement, the prevailing party shall be entitled to reimbursement of its costs and expenses, including reasonable attorneys' fees, in connection therewith. - _r 7. Designation of Successor. Grantor, by instrument duly recorded in the real estate 1 records of Pitkin County, Colorado, may designate a party to succeed to all the rights, privileges and Id remedies of Grantor hereunder. 8. Term. The term of this easement shall be permanent and perpetual, so long as the City shall comply with the terms, provisions and conditions set forth herein. Successors and Assigns. All the provisions of this easement, including the benefits 9. and burdens created thereby. shall run with the land and be binding upon all persons who hereafter 38181-16 38 NEUM'lli ili Ilil wilm 08/16/2002 02:27P 471100 Page: 38 of 47 SILVIA DAVIS PITKIN COUNTY Co R 235.00 D 0.00 1 EXECUTION COPY acquire any interest in the property described in Exhibit "A", whether as an owner, renter, trust deed or mortgage beneficiary, or otherwise. All provisions of this Easement inure to the benefit of and be binding upon the parties hereto, their heirs, successors, assigns and personal representatives. GRANTOR: 11 TOP OF MILL INVESTORS, LLC a Delaware limited liability company By: Print Name: Title: CITY: CITY OF ASPEN, a Colorado Municipal corporation By: Print Name: Title: 3 ATTEST: Kathryn S. Koch, City Clerk APPROVED AS TO FORM: john-WErcester, City Attorney 471100 page: 39 of 47 08/16/2002 02:27P SILVIA DAVIS PITKIN COUNTY CO R 235.00 0 0.00 38181-16 39 EXECUTION COPY STATE OF COLORADO ) ) SS. COUNTY OF PITKIN ) ' ~ The foregoing Easement was acknowledged before me this day of ,2002 by ,as of Top of Mill Investors, LLC, a Delaware limited liability company. Witness my hand and official seal. My commission expires: Notary Public STATE OF COLORADO ) ) SS. COUNTY OF PITICIN ) The foregoing Easement was acknowledged before me this day of ,2002 by , as of the City of Aspen. a Colorado Municipal corporation. Witness my hand and official seal. - My commission expires: Notary Public 471100 Page: 40 of 47 llllllllllll llllll lllllllllllllllllllll llllllllllll lili 08/16/2002 02:27P SILVIA DAVIS PITKIN COUNTY CO R 235.00 D 0.00 38181-16 40 EXECUTION COPY EXHIBIT "A" TO EXHIBIT "B" (Legal Description of Storm Drain Pipe Easement) Twenty foot (20') wide utility easement between Parcels 4 and 5 and over Open Space Parcel A, according to the Final Plat of Top of Mill Subdivision/PUD, a planned community recorded , 2002 in Book at Page as Reception No. COUNTY OF PITKIN, STATE OF COLORADO. 11 11111111111 lillilll lilli lili 08/16/2002 02:27P 471100 Page: 41 of 47 S.Lk--A DAViS Fi-KIN COL.. 7 CO R 235.00 D 0.00 38181-16 41 - EXHIBIT 'C' EXHIBIT TOP OF MILL SUBDIVISION / PUD SCHEDULE OF PUBLIC IMPROVEMENTS May 31, 2002 INTRODUCTION Below is an updated schedule of the public improvements for the Top of Mill project including estimated costs developed with the General Contractor for the project, Resort Builders. This list is based on the site improvements anticipated in the Construction Management Plan for the project but includes only right-of-way improvements and main utility extensions that benefit the project and parcels as a whole. I have excluded utility service lines and improvements internal to each parcel. SITE IMPROVEMENTS Common public improvements to serve the overall Top of Mill Subdivision / PUD project site are shown on drawings submitted as exhibits to the Final Plat titled GRADING & DRAINAGE PLAN, ROAD PLAN & PROFILE and SCHEMATIC UTILITY PLAN and include the following: 1. Excavation and removal of approximately 28,000 cubic yards of excess fill to bring the site back to the base elevations utilized in the site grading plan. Estimated cost: $300,000. 2 Construction of approximately 1,000 linear feet of sidewalk both in the public right-of- way (820 linear feet) and internal to the project site. Estimated cost: $23,000. 3. Installation of two handicap sidewalk ramps at the intersection of South Mill and Summit Streets. Estimated cost: $1,200. 4. Installation of up to 4 street lights in the public right-of-way and on the private access. Estimated cost: $8,000. 5. Construction of approximately 1,200 linear feet of new curb and gutter along the west side of South Mill Street and along the internal access road. Estimated cost: $23,100. 6. Construction of approximately 900 linear feet of 8 inch diameter ductile iron water main extension including two fire hydrants and related gate valves and fittings. Estimated cost: $89,700. 7. Construction of approximately 480 linear feet of 8 inch diameter PVC sewer main extension including 6 sewer manholes and appurtenances. Estimated cost: $61,400. 471100 Page: 42 of 47 SILVIA DAVIS PITKIN COUNTY CO R 235.00 D 0.00 08/16/2002 02:27; - May 31, 2002 Top of Mill Subdivision / PUD Schedule of Public Improvements Page 2 8. Installation of approximately 650 linear feet of electric primary, gas, phone and cable TV lines. $45,150. 9. Installation of site drainage improvements including approximately 6201.f. of storm drain, 6 inlet structures and 3 manholes to handle storm runoff from new impervious areas. Estimated Cost $60,375. 10. Placement of 4,500 square yards of concrete paving. Estimated cost: $118,000. 11. Construction of approximately 500 linear feet of 4 foot wide gravel "Top of Mill Trail" in a 15 foot easement. Construction of approximately 590 linear feet of 4 foot wide gravel "Aspen Mountain Trail" in the 30 foot ski easement. Estimated cost: $17,000. Total estimated cost of the public improvements for the Top of Mill project; $ 746,925. JH/jh 00140SIA4 . i illill lilli lillil ilill lill lillill ilill Ill Illill ill lill 08/16/2002 02:27 471100 Page: 43 of 47 SILVIA DAVIS PITKIN COUNTY CO R 235.00 D 0.00 EXHIBIT 'D' TOP OF MILL Date. May 15,2002 Landscape Quantities Prepared By: DHM Design Corporation Parcel 1 Number Item Quantity Unit Unit Cost Total Cost 1 Sod 2,635 SF $1.00 $2,635 2 Native Seed 12,675 SF $1.00 $12,675 3 Cedar Mulch 1,395 SF $0.60 $837 4 Edging 87 LF $2.50 $218 5 Irrigation 16,705 SF $1.00 $16,705 6 Shrub Bed Prep 1,395 SF $1.70 $2,372 7 5 gal Shrubs 71 EA $45.00 $3,195 8 1 gal. Perennials 193 EA $14.00 $2,702 9 2.5" cal. Deciduous Trees 9 EA $550.00 $4,950 10 2.25" cal. Deciduous Trees 16 EA $400.00 $6:400 11 3" cal. Deciduous Trees 33 EA $500.00 $16,500 12 3.5" cal. Deciduous Trees 5 EA $600.00 $3,000 13 10' Evergreen Trees 3 EA $600-00 $1,800 14 14' Evergreen Trees 4 EA $1,200.00 $2,400 15 17' Evergreen Trees 2 EA $1,700.00 $3,400 Subtotal $79,788 3% Mobilization Fee $2,394 Total $82,182 Assumes that 12" of topsoil has been provided & placed by the Contractor Cobble mulch at dripline has not been included 471100 1 Ill'111111111111 lilli lili l'111 lilli 1111111 ill lili 08/16/2002 02:27F Page: 44 of 47 SILVIA DAVIS PITKIN COUNTY CO R 235.00 0 0.00 TOP OF MILL Date: May 15, 2002 Landscape Quantities Prepared By: DHM Design Corporation Parcel 2 Number Item . Quantity Unit Unit Cost Total Cost 1 Sod 3,054 SF $1.00 $3,054 2 Native Seed 1,078 SF $1.00 $1,078 3 Cedar Mulch 130 SF $0.60 $78 4 Edging 185 LF $2.50 $463 5 Irrigation 4,262 SF $1.00 $4,262 6 Shrub Bed Prep 130 SF $1.70 $221 7 5 gal Shrubs 36 EA $45.00 $1,620 8 1 gal. Perennials 17 EA $14.00 $238 ' 9 2.5" cal. Deciduous Trees 4 EA $550.00 $2,200 10 2.25" cal. Deciduous Trees 11 EA $400.00 $4,400 11 3" cal. Deciduous Trees 23 EA $500.00 $11,500 12 3.5" cal. Deciduous Trees 4 EA $600.00 $2,400 , 13 10' Evergreen Trees 4 EA $600.00 $2,400 14 14' Evergreen Trees 12 EA $1,200.00 $7,200 15 17' Evergreen Trees 3 EA $1,700.00 $5,100 Subtotal $46,214 3% Mobilization Fee $1,386 Total $47,600 Assumes that 12" of topsoil has been provided & placed by the Contractor Cobble mulch at dripline has not been included 471100 lill'll lilli Ill'll ll'Ill Unll'll'Ill'l~Ill'lll'Ill Page: 45 of 47 08/16/2002 02:27P D 0.00 SILVIA DAVIS PITKIN COUNTY CO R 235.00 TOP OF MILL Date: May 15,2002 Landscape Quantities Prepared By: DHM Design Corporation Parcel 3 Number Item Quantity U nit Unit Cost Total Cost 1 Sod 785 SF $1-00 $785 2 Native Seed 4,780 SF $1.00 $4,780 3 Cedar Mulch 775 SF $0.60 $465 4 Edging 170 LF $2.50 $425 5 Irrigation 6,340 SF $1.00 $6,340 # 6 Shrub Bed Prep 775 SF $1.70 $1,318 7 5 gal Shrubs 31 EA $45.00 $1,395 8 1 gal. Perennials 58 EA $14.00 $812 9 2.5" cal. Deciduous Trees 4 EA $550.00 $2,200 10 2.25" cal. Deciduous Trees 9 EA $400.00 $3,600 11 3" cal. Deciduous Trees 9 EA $500.00 $4,500 12 3.5" cal. Deciduous Trees 0 EA $600.00 $0 13 10' Evergreen Trees 2 EA $600.00 $1,200 -- 14 14' Evergreen Trees 1 EA $1,200.00 $600 15 17' Evergreen Trees 1 EA $1,700.00 $1,700 Subtotal $30,120 3% Mobilization Fee $904 Total $31,023 Assumes that 12" of topsoil has been provided & placed by the Contractor Cobble mulch at dripline has not been included 471100 Page: 46 of 47 6.LV-A DAVIS PI-KIN COUN-Y CO R 235.00 D 0.00 08/16/2002 02:27F TOP OF MILL Date: May 15, 2002 Landscape Quantities Prepared By: DHM Design Corporation Infrastructure Parcel Number Item Quantity Unit Unit Cost Total Cost 1 Sod 835 SF $1.00 $835 2 Native Seed 12,675 SF $1.00 $12,675 3 Cedar Mulch 1,395 SF $0.60 $837 4 Edging 87 LF $2.50 $218 5 Irrigation 14,905 SF $1.00 $14,905 6 Shrub Bed Prep 1,395 SF $1.70 $2,372 7 5 gal Shrubs 74 ELA $45.00 $3,330 8 1 gal. Perennials 142 EA $14.00 $1,988 9 2.5" cal. Deciduous Trees 10 EA $550.00 $5,500 10 2.25" cal. Deciduous Trees 6 EA $400.00 $2,400 11 3" cal. Deciduous Trees 9 EA $500.00 $4,500 12 3.5" cal. Deciduous Trees 2 EA $600.00 $1,200 13 10' Evergreen Trees 1 EA $600.00 $600 14 14' Evergreen Trees 2 EA $1,200.00 $1,200 15 17' Evergreen Trees 1 EA $1,700.00 $1,700 Subtotal $54,259 3% Mobilization Fee $1,628 Total $55,887 Assumes that 12" of topsoil has been provided & placed by the Contractor Cobble mulch at dripline has not been included 08/16/2002 02:27F _ Page: 47 of 47 471100 SILVIA DAVIS PITKIN COUNTY CO R 235.00 D 0.00 APPENDIX D EXHIBIT 11/ 1 CONSTRUCTION January 8,2008 City of Aspen 130 S. Galena Street Aspen, Colorado 81611 Re: Loring Residence Top o f Mill Lot # 5 To Whom It May Concern: Hansen Construction, Inc. is working with Waste Engineering on control and removal of tl excavated material at Lot #5. Waste Engineering is a qualified environmental consultant that has been involved with the Top of Mill soils since 2001, and they will be employed by Hansen Construction, Inc. to oversee the excavation of Lot #5. The residence will be designed and constructed by qualified engineers and subcontractors. Hansen Construction, Inc. will employ the Yenter Companies, Inc. for all drilling and soil nailing work. Yenter Companies, Inc., in conjunction with our selected excavation contractor, will construct the deflection wall that is required on this site. Yenter Companies, Inc. has constructed - other deflection walls at the Top of Mill and they are highly qualified to perform this type of work. In addition to Waste Engineering, Hepworth-Pawlak Geotechnical, Inc. will oversee all required soils engineering and construction quality materials testing. Hepworth-Pawlak Geotechnical, Inc. has performed soils boring oil this parcel, and Hansen Construction, Inc. expects to receive a copy o f the soils report this week. Mike Thele with Structural Engineering Services will be designing the deflection wall and the foundation for this residence. Mike Thele and Hansen Construction, Inc. are looking at various options to construct the wall and foundation that would minimize the amount of soil that would be excavated. The options would be to utilize drilled piers and soil nailing in lieu o f over excavation and conventional concrete forming. The size o f the site is such that most o f the area will be disturbed during the construction of the home. The construction would begin at the back of the lot and be staged toward Mill Street; the area at the back of the lot would have the structure for the ADU placed as the work progressed toward the street. By placing the structure at the rear or the southern portion o f the lot and working forward, the area being disturbed would be minimized until the next phase is constructed. 1 www.hansenconst.com P 970.920.1558 F 970.920.3038 1 PO. BOX 10493 Aspen, CO 81612 The mechanical and electrical systems will be designed by licensed professional engineers. The goal is to achieve the highest efficiency possible for both of these systems. Hansen Construction, Inc. will employ qualified subcontractors to install these phases based on the performance specifications supplied by the M/E Engineers. The required excavation will be performed by a qualified excavation contractor that will be monitored daily by Waste Engineering and Hansen Construction, Inc. to assure compliance with previously established requirements for controlling contaminated soil and Pitkin County fugitive dust control regulations. The construction site will be enclosed with safety fence as required to ensure a safe environment for all persons. Erosion fence will also be installed as directed by Waste Engineering, and the excavation contractor will be required to control the dust generated by the excavation work. Dust control will be accomplished by watering all disturbed areas as required, and the vehicle speeds will be controlled to minimize dust. The access to the site will be graveled to try to eliminate as much mud and dirt being tracked onto the road as possible. The road will be maintained by scraping and hand sweeping and will be washed down as required. Sincerely, A Â«1%0 Ran*/ Jace- :h,#- ~ ~ Hansin Con214~Â£~l~bNCf~z_J 2 11" THE CITY OF ASPEN City of Aspen Community Development Department CASE NUMBER 0002.2008.ASLU PARCEL ID NUMBER 2737 18 2 02 205 PROJECTS ADDRESS 934 S. MILL ST PLANNER JASON LASSER CASE DESCRIPTION RES. DESIGNAMEND REPRESENTATIVE SUNNY VANN DATE OF FINAL ACTION 11/26/2008 CLOSED BY Angela Scorey on 11/2/2009 P1 MEMORANDUM TO: Planning and Zoning Commission THRU: Jennifer Phelan, Community Development Deputy Direct4_3 FROM: Jason Lasser, Special Projects Planner JL RE: Parcel 5, Top of Mill Subdivision/PUD A Planned Community, 8040 Greenline Review, and Residential Design Standards Variances -- Resolution No. 18, Series of 2008 - Public Hearing HEARING DATE: June 3,2008 APPLICANT /OWNER: AMI-r*r 94&1//89/ze//ria-~pl////IF Ian and Isabelle Loring t<Â·1 4\..%86' liwN 'Tri'trATWE* 12*~-yÂ· 1â‚¬ REPRESENTATIVE: Sunny Vann, Vann Associates, LLC , f'*fl--2 ~ Ai///0~//MI/~/Â¢ LOCATION: Parcel 5, Top of Mill Subdivision/PUD - commonly known as 934 S. Mill St. - I 9-2 t.' CURRENT ZONING: L (PUD), Lodge, Planned Unit 562,2 64&4 Development SUMMARY: The Applicant is requesting Photo: Parcel 5, Top of Mill Subdivision/PUD. approvals for 8040 Greenline review and for Variances from two STAFF RECOMMENDATION: Staff recommends that the Planning and Zoning Residential Design Standards Commission approve the requests for 8040 Greenline Review and for Variances from the Residential Design Standards. SUMMARY: Ian and Isabelle Loring, represented by Vann Associates, LLC., have applied for a 8040 Greenline Review, and have also applied for variances from the Residential Design Standards for the Building Orientation requirement, and the Build-to lines requirement to construct a new single family home and accessory dwelling unit on Parcel 5 of the Top of Mill Subdivision, commonly known as 934 South Mill Street. The proposed application is attached as Exhibit "C . 5, 1 P2 REVIEW PROCEDURE: The Planning and Zoning Commission may approve, approve with conditions, or deny an 8040 Greenline Review. Ordinance No. 7, Series 2002, approved the Top of Mill Subdivision and set forth that all of the single-family residences to be constructed within the subdivision shall be required to obtain 8040 Greenline Review approval prior to applying for a building permit. The above referenced ordinance granted approval of the subdivision' s compliance with nine of the eleven 8040 Greenline requirements (standards 1,2,4-6,8-11). The remaining two requirements, standards 3 and 7, must be approved by the Planning and Zoning Commission for compliance for each individual residence design. In addition, The Planning and Zoning Commission may approve, approve with conditions, or deny any variance requests from the Residential Design Standards pursuant to Land Use Code Section 26.410.020(D), Variances. STAFF COMMENTS: The parcel of land that is subject to this application is an abnormal shaped lot located at the top of Mill Street. At the top of the street, it becomes a curvilinear private street serving as a turn-around loop. The street facing lot line is comprised of a curve of approximately thirty (30) feet and a straight line of twenty-two (22) feet to the northwest corner. As a result the street-facing building envelope line is approximately forty (40) feet wide. The northeast corner of the parcel is pinched to allow for an access easement for Parcel 4. The lot is 10,806 square feet. 8040 GREENLINE: The property, as set forth Ordinance No. 7, Series 2002, must obtain 8040 Greenline Review approval prior to applying for a building permit. The ordinance granted approval of the subdivision's compliance with nine of the eleven 8040 Greenline requirements. The remaining two requirements -3: Air Quality Impacts; and 7: Mountain Character - must be approved by the Planning and Zoning Commission for compliance. Air Ouality Impacts The purpose of the air quality requirement is to ensure that the proposed development does not have significant adverse effect on the air quality in the city. The driveway will be poured in place, minimizing the air quality impacts. Additionally, the utility infrastructure is currently in place and will not be altered or added to by this project. The proj ect will be subject to a construction management plan that will govern pm10 mitigation, off-site mud transport, etc. Mountain Character The purpose of the mountain character requirement is to ensure that the building height and bulk will be minimized and the structure will be designed to blend into the open character of the mountain. The allowable square footage and height were approved as part of the original Top of Mill PUD to ensure all structures would fit with the mountain character. The provided square footage is equal to the allowable level and the height is below the allowable level. The roof forms are pitched and blend into the mountain 2 P3 backdrop. Staff believes the applicant satisfies the review standards for these requirements. RESIDENTIAL DESIGN STANDARDS: Building Orientation On curvilinear streets the building orientation Residential Design Standard requires the front faGade be parallel to the tangent of the midpoint of the arc of the street. (L.U.C. Section 26.410.040(A)) Staff believes that because of the lots abnormal shape it is difficult to meet the requirement. Staff believes that the proposed variance satisfies the review standards for granting a variance from the Residential Design Standards because strict adherence to this standard would likely create constraints that would trigger other deviations from the Residential Design Standards. Also, the distance from the street to the buildable site is significant in length so that the purpose of this particular review standard becomes almost inapplicable. The front of the house does generally face the driveway, leading to the street. Staff recommends approval of the variance from the building orientation standard. Build-to lines Land Use Code Section 26.410.040 (A.2) requires parcels less than 15,000 square feet have at least 60% of the front fagade must be within five (5) feet of the minimum front yard setback line. Due to the unique shape of the lot, it does not lend itself to a traditional front yard setback. While the rear lot line is a straight 92 feet, the front line is approximately 40 feet, which zigzags across the front to connect side lot lines. The structure will be built within five (5) feet of the side and rear yard setbacks. Staff finds that the proposed variance satisfies the review standards for granting a variance from the Residential Design Standards because the lot' s shape creates difficulty in strict adherence to this standard. The structure will be built within five (5) feet of the side and rear yard setbacks. Staff finds that the proposed variance satisfies the review standards for granting a variance from the residential design standards because the lot shape prohibits strict adherence to this standard. RECOMMENDATION: Staff finds that this application meets the applicable review standards for allowing development above the 8040 Greenline and that recommends the Planning and Zoning Commission approve the request. Additionally, staff believes this application meets the applicable review standards for granting a variance from the building orientation, build-to lines Residential Design Standards and recommends the Planning and Zoning Commission approve the variance request. RECOMMENDED MOTION: "I move to approve Resolution No. 18, Series of 2008, approving an "8040 Greenline Review," and approving variances to the Residential Design Standards for building orientation, and build-to lines. ATTACHMENTS: Exhibit A -- Review Criteria and Staff Findings Exhibit B -- 8040 Greenline Review and Staff Findings Exhibit C -- Application Exhibit D - DRC Comments 3 P4 9 RESOLUTION No.#18 (Series of 2008) RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION APPROVING AN 8040 GREENLINE REVIEW AND RESIDENTIAL DESIGN VARIANCES FOR PARCEL 5, TOP OF MILL SUBDIVISION/PUD, A PLANNED COMMUNITY, COMMONLY KNOWN AS 934 SOUTH MILL STREET, CITY AND TOWNSITE OF ASPEN, PITKIN COUNTY, COLORADO PARCEL NO. 2737-182-02205 WHEREAS, the Community Development Department received an application from Ian and Isabelle Loring, represented by Sunny Vann of Vann Associates LLC, for variances to the Residential Design Standards for building orientation, and build-to lines; and an "8040 Greenline Review;" and, WHEREAS, the subject property is zoned Lodge with a Planned Unit Development Overlay (L/PUD) in the Top of Mill Subdivision (Aspen Mountain Subdivision) PUD; and, WHEREAS, upon review of the application, and the applicable code standards, the Community Development Department recommended approval, of the land use requests; and, WHEREAS, during a duly noticed public hearing on June 3,2008, the Planning and Zoning Commission approved Resolution No. 18, Series of 2008, by a to O_) vote, approving varianees to the Residential Design Standards for building orientation, and build-to lines; and approving an "8040 Greenline Review."; and, WHEREAS, the Aspen Planning and Zoning Commission has reviewed and considered the development proposal under the applicable provisions of the Municipal Code as identified herein; and, WHEREAS, the Planning and Zoning Commission finds that the development proposal meets or exceeds all applicable development standards and that the approval of the development proposal, with conditions, is consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS, the Planning and Zoning Commission finds that this resolution furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ASPEN PLANNING AND ZONING COMMISSION AS FOLLOWS: Section 1: Pursuant to the procedures and standards set forth in Section 26 of the City of Aspen Municipal Code, the Planning and Zoning Commission hereby approves variances to the Residential Design Standards for building orientation, build-to lines; and an "8040 Greenline Review" on Parcel 5, Top of Mill Subdivision/PUD, A Planned Community, City and Townsite of Aspen, Pitkin County, Colorado. . P5 Section 2: All material representations and commitments made by the Applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the Planning and Zoning Commission or City Council, are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Section 3: Building Permit Application The building permit application shall include the following: a. A copy of the final P&Z Resolution. b. A Construction Management Plan c. Engineered drawings for the defiection wall (as shown on PUD plat) Section3: This resolution 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. Section 4: If any section, subsection, sentence, clause, phrase, or portion of this resolution is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. APPROVED BY the Planning and Zoning Commission of the City of Aspen on this 3rd day of June, 2008 APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION: City Attorney LJ Erspamer, Chair ATTEST: Jackie Lothian, Deputy City Clerk EXHIBIT A: Survey, Proposed Site Plan --- - -- 0 ./. ST</7 .irTI~~ p.f<EL '3 49,/,2 t,h hai&**.hte-% /2,7 U;.34 9---4 4. 2 / 'PA, . b I / //,4. Â¥1\ , ''a -9 =* . \4 NU///L,v //Â·pen. wA, i i Dum,>5~ek ,> PpaCEL /5 Xt 2 /f ~ PARCEL /5 1 %806 SO . i A i tler Maters t 1 44 3 0,rt IN 2/ 2 - 4 .Â· L PICEL 04 J-- i 50 k./ c/ , - Â»UÂ»L. - ,-- - , a /34,0 .' 44 . # 2294.:... %% 74-#1/ 1,0.ler ~Â·- >Â·< ' ' Â·Â·, 1 1*,7.r~ -Â·9 1 1 14Â« ~- .-J Sciw F r. 6 20 M.*2 1 * * I Lop 4% 13720 CUR' *SUS ..NG(,1 70,4#? 1 090 *S~Aâ€¢,S 02/ 1 C: a. '1140 . 2, 29Â·.M \ C. lk,W .... .se j -56 -ri,m' 11~26#Z.. 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Ultr- he %04-1 FORÂ·rt*17Â· 3'EETS 1.Â¢9... ~ ' -4 flâ‚¬..2,4 = A EXHIBIT A REVIEW CRITERIA & STAFF FINDINGS The Planning and Zoning Commission may grant variances from the Residential Design Standards if the proposed application meets the following: a) Provides an appropriate design or pattern of development considering the context in which the development is proposed and 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. The following are Staff s findings in regards to the variances being requested by the Applicant. Variance Requested Building orientation. (26.410.040 Al) The front facades of all principal structures shall Yes. No. ~ Yes. be parallel to the street. On corner lots, both ~ ~ 7 street facing facades must be parallel to the / -11 Vi 2..1 intersecting streets. On curvilinear streets, the front facade of all structures shall be parallel to the tangent Of the midpoint of the arc Of the street. a) Provides an appropriate design or pattern of development considering the context in which the development is proposed and 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, Staff Finding: On curvilinear streets the building orientation residential design standard requires the front fagade be parallel to the tangent of the midpoint of the arc of the street (L.U.C. Section 26.410.040(A)). Staff believes that because of the abnormal shape of the lot, it is difficult to meet the requirement. Staff believes that the proposed variance satisfies the review standards for granting a variance from the residential design standards because strict adherence to this standard would likely create constraints that would trigger other deviations from the residential design standards. Also, the distance from the street to the parallel orientation location site is minimal in length that the purpose of this particular review standard becomes almost inapplicable. The front of the house does generally face the driveway, leading to the street. Staff finds this criterion to be met. 4 miiilimil~--gi- b) Be clearly necessary for reasons of fairness related to unusual site-specific constraints. Staff Finding: Staff agrees with the application that the lot is unusually shaped and that requiring a parallel street facing fagade is problematic given the site' s constraints. Staff finds this criterion to be met. Variance Requested Build-to lines. (26.410.040 Al) Yes. 1 /0. Yes. On parcels or lots ofless than 15,000 squarefeet, & at least 60% of thefrontfagade shall be within 5 \ feet of the minimum front yard setback line. I &1 1-2--hi 1 4 1 a) Provides an appropriate design or ~ _ _- .~ ..3. pattern of development considering \ f \ - the context in which the development is proposed and 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, Staff Finding: Land Use Code Section 26.410.040 (A2) requires parcels less than 15,000 square feet have at least 60% of the front fa~ade must be within five (5) feet of the minimum front yard setback line. Due to the unique shape of the lot, it does not lend itself to a traditional front yard setback. While the rear lot line is a straight 92 feet, the front line is approximately 40 feet, which zigzags across the front to connect side lot lines. The structure will be built within five (5) feet of the side and rear yard setbacks. Staff finds that the proposed variance satisfies the review standards for granting a variance from the residential design standards because the lot's shape creates difficulty in strict adherence to this standard. Staff believes that the proposed build-line respects and fits into the context of the neighborhood setting. Staff finds this criterion to be met. b) Be clearly necessary for reasons offairness related to unusual site-specific constraints. Staff Finding: The front entry faces the street, and the proposed front fagade is within 5 feet of the side and rear yard setbacks. Staff agrees with the application in that the lot is unusually shaped and that requiring the front fagacle be within 5 feet of the traditional front yard setback is problematic given the site' s constraints. Staff finds this criterion to be met. 5 . 0 Pg EXHIBIT B 8040 GREENLINE REVIEW: According to Section 26.435.030 of the Land Use Code, no development shall be permitted at, above, or one hundred fifty feet below the 8040 Greenline unless the Planning and Zoning Commission makes a determination that the proposed development complies with all requirements set below. The property is located in the Aspen Mountain Subdivision PUD. Ordinance No. 7, Series 2002, approved the Top of Mill Subdivision and set forth that all of the single-family residences to be constructed within the subdivision shall be required to obtain 8040 Greenline Review approval prior to applying for a building permit. The above ordinance granted approval of the subdivision's compliance with nine of the eleven 8040 Greenline requirements. The remaining two requirements, items 3 and 7, must be approved by the Planning and Zoning Commission for compliance for each individual residence design. 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. 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: STAFF COMMENT: Standards 1 and 2 were approved as part ofthe Aspen Mountain Subdivision PUD. 3. The proposed development does not have a significant adverse affect on the air quality in the city. STAFF COMMENT: This development will not have a significant air quality impact, as the utility infrastructure is currently in place and will not be altered or added to for this project. Additionally, the Top of Mill Subdivision specifically addresses the removal of contaminated soils, dust suppression, landscaping, restoration following construction, and the project will be subject to all requirements of the Environmental Health Department, and to a construction management plan which will govern PM-10 mitigation, off-site mud transport, etc. Staff believes this project meets this standard and should be approved. 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. 5. Any grading will minimize, to the extent practicable, disturbance to the terrain, vegetation and natural land features. 6 Plo 1 6. The placement and clustering of structures will minimize the need for roads, limit cutting and grading, maintain open space, and preserve the mountain as a scenic resource. STAFF COMMENT: Standards 4,5, and 6 were approved as part of the Aspen Mountain Subdivision PUD. 7. Building height and bulk will be minimized and the structure will be designed to blend into the open character of the mountain. STAFF COMMENT: The allowable building height and square footage were approved as part of the original PUD to ensure the structures would blend into the open character of the mountain. Development on Parcel 5 is limited to a maximum allowable floor area of 5,200 square feet, which shall include the ADU. The proposed residence will contain approximately 5,163 square feet inclusive of the proposed ADU. The building height limit for the parcel is 28 feet. The proposed height (25 feet) is lower than the allowable height, and the square footage is equal to the allowable level, helping it blend in with the existing mountain character. Staff believes this project meets this standard and should be approved. 8. Sufficient water pressure and other utilities are available to service the proposed development. 9. Adequate roads are available to serve the proposed development, and said roads can be properly maintained. 10. Adequate ingress and egress is available to the proposed development so as to ensure adequate access for fire protection and snow removal equipment. 11. The recommendations of the Aspen Area Community Plan: Parks/Recreation/Trails Plan are implemented in the proposed development, to the greatest extent practical STAFF COMMENT: Standards 8, 9, 10, and 11 were approved as part of the Aspen Mountain Subdivision PUD. 7 . 1 Pll EXHIBIT D Zoning DRC Comments - Lot 5 T.O. Mill Subdivision 1. Applicant is required to confirm grade: The site plan appeared to be using an interpolation of grade or a finished grade. It did not appear to reflect the grade in the Top of Mill Subdivision / PUD sheet C4. Sheet C3, 1975 Topography, noted as a reference for natural grade, was not found in the packet. Please clarify the grade on the Site Plan page. Height will be taken from the most restricted grade. 2. Plan set will require a roof plan over topographic map with all pertinent roof heights marked and listed in corresponding key. The spots on this key and page should relate to same locations on elevation pages. 3. Applicant will be required to submit a Residential Design Standard page with the permit drawing set. Engineering DRC Comments - Lot 5 T.O. Mill Subdivision 1. The Engineering Department has reviewed the application and concluded that the deflection wall as shown is compliant with the PUD approval and will need to be designed by a Colorado P.E. *NtÂ« \ - 1 / 1 1 V i \,1 8 i :1< 42-, I <A Â·Â· 2-~"K CODT f I Â· ve n ' rkee Ma i "/1.7 â€¢ VJ / ..y ...2'.i /-U 94Â»\111 r\. \ , 4.4 4 91 \24% 34Â·Â· 1 #c ~id>< 1 11.-I--4 \ / CEL /3 1. i . - --1 ' 1.-J ~ 15,650 FT. ... ON --- ../ /2 , 1 1 *.. - 0 : ill - 41 Mi\\\\ \\..4 ' 4/\ - - =Â» . --- 1. .. ... , 2.: 6 S 1 -2. Bitd<l B- ic f 21 % 2 4.Qi 3 ,< 11 6 - 2.- i .'1 f. -f iEIGH.1 ABOVE ~ - / . 0 / Al STNG GRADE 6. . -~ CTYPICAL) Â·--/ d Â·' Â· 2 DEFECTBON , L. 1 \ WALL -5 2 4 4, .Â· 1 -3040. . / /0 .A W -A . I I * 19:97 MA. Vt.3 j , C{FLECTioN C * CÂ·Â· e. 1 - NOTE: DEFLECTON WAU. ') DEFICTION WALLS. ANC SITE WALLS ARE. WALL --- 940'NW FOR INTEâ€¢}T ONLY. LOCATE,5 AND -BME 07 CONS,RUCTION ARE CON'INGEN! UPON &53 CC+ElRUCUON 1&(ING CF iNDP,MDUAL cARCEL.5 /060 .. 6 Z.*:1/L- -/ 2) CONSTRUCTION DEâ„¢l. FOR DETLECTICN STORM SEWER UANHOLE WALLS MUST SE SWKED FRI02 19 BU,LPING #Th, floor + 50,1-4 FOR rUTURf EX-ENRON. i PERM:T APPROVAL. es=Pfre. 2. PLUG 5%4Rt# CRE K =71 1 04;r * 8' GRA REVT:ON LEYER< TOP OF MILL ; e.,(1 ELAT 5919WS&ON 4/15/0 7'T Got . 2 Fial PLAT RES(*DiSiCN 1 FAIÂ¢k xsi DR 5;5948 SUBDIVISION / PUD 3 PEORDâ€¢noR ta 41"1 Ng 355 8 \ U 1 li li - lit ililill\Ill j\11 04/19/2002 11:46Â¢ 466392 Page: 1 of 7 S.LUA CALIS FITKIN OUNTY Co R 35.00 D 0.00 . ORDINANCE No. 7 SERIES OF 2002 AN ORDINANCE OF THE, ASPEN CITY COUNCIL APPROVING THE FINAL PLANNED UNIT DEVELOPMENT APPLICATIONINCLUDING SUBDIVISION, CONDOMINIUMIZATION, MOUNTAIN VIEW PLANE, SPECIAL REVIEW, GROWTH MANAGEMENT QUOTA EXEMPTIONS (GMQS), 8040 GREENLINE REVIEW, AND REZONING FOR THE TOP OF MILL SITE TO LODGE / TOURIST RESIDENT[AL PUD AND CONSERVATION, LOT 3 OF THE ASPEN MOUNTAIN SUBDIVISION / PUD, CITY AND TOWNSITE OF ASPEN, PITKIN COUNTY, COLORADO PARCEL NO. 2737-182-85-003 WHEREAS, the Community Development Department received an application from Top of Mill Investors, LLC c/o Four Peaks Development, LLC (Applicant), represented by Vann Associates, requesting Final Planned Unit Development (PUD) approval for Lot 3 of the Aspen Mountain Subdivision / PUD (hereinafter "AMPUD"); and WHEREAS, Top of Mill Investors, LLC c/o Four Peaks Development, LLC requested specific land use approvals as part of the Final PUD including Final PUD Development Plan, Subdivision, Condonâ‚¬niumization, Mountain View Plane, Special r\ Review, GMQS Exemption, 8040 Greenline Review, and Rezoning; and WHEREAS, Savanah Limited Partnership, owner at the time of Lot 3 of AMPUD, received Conceptual PUD approval from City Council for AMPUD on December 6, 1999 which is memorialized through Resolution No. 93, Series of 1999; and WHEREAS, Top of Mill Investors, LLC, received an Amended Conceptual Approval from City Council for Lot 3 AMPUD on May 29, 2001 which is memorialized through Resolution No. 50, Series 2001; and WHEREAS, the Housing Office, the City Zoning Officer, the City Engineer, the Parks Department, Aspen Consolidated Sanitation District, the Environmental Health Department, the City Fire Department, the City Streets Department, the City Parking Department, the City Water Department, and the City Electric Department reviewed the development proposal for Lot 3 and provided written referral comments as a result of the Development Review Committee meeting; and WHEREAS, the Applicant appropriately applied for specific land use approvals pursuant to the June 1996 reprint of Title 26, Land Use Regulations, of the 1995 Aspen Municipal Code for the Final PUD for Lot 3 AMPUD including Final PUD Development J Plan, Subdivision, Condominiumization, Mountain View Plane, Special Review, Growth Management Quota Exemptions, 8040 Greenline Review, and Rezoning; and 7 1 J .U lili 111111 Ill 11111111 111111111111111111 466392 Page: 2 of 7 04/19/2002 11:45 SILVIA [:.CiS PITKI C0Ui4TY CO R 35.00 D 0.00 WHEREAS, pursuant to Section 26.304.060 of the Land Use Code, and in consultation with the applicant, the Community Development Director has permitted a modification in review procedures to combine the Final PUD Development Plan, Subdivision, Condominiumization, Mountain View Plane, Special Review, GMQS Exemption, 8040 Greenline Review, and Rezoning review for the purposes of ensuring economy of time and clarity; and WHEREAS, such review procedure modification has not lessened any public hearing noticing or any scrutiny of the project as would otherwise be required; and, WHEREAS, upon review of the application, referral comments, and the applicable Land Use Code standards, the Community Development Director recommended approval of the Final Aspen Mountain PUD land use requests for Lot 3 with conditions; and WHEREAS, the Planning and Zoning Commission forwarded a recommendation of approval to the City Council, by a vote of four to one (4 - 1), Final PUD Development Plan, Subdivision, Condominiumization, Mountain View Plane, Special Review, GMQS Exemption, 8040 Greenline Review, and Rezoning for Lot 3 AMPUD; and WHEREAS, this ordinance, as adopted, incorporates all the relevant and applicable conditions of approval formerly contained in Resolution No. 93, Series of 1999 granting Conceptual PUD Approval to Lot 3 AMPUD by City Council and Resolution No. 50, Series of 2001 granting Amended Conceptual PUD Approval to Lot 3 AMPUD by City Council hereby allowing this ordinance to supersede those resolutions regarding the conditions of approval as stated herein; and WHEREAS, the Aspen City Council has reviewed and considered the development proposal under the applicable provisions of the applicable Municipal Codes as identified herein, has reviewed and considered the recommendation of the Community Development Director, the Planning and Zoning Commission, the Aspen / Pitkin County Housing Authority, the applicable referral agencies, and has taken and considered public coinment at a public hearing; and WHEREAS, the City of Aspen City Council finds that the development proposal meets or exceeds all applicable development standards and that the approval of the development proposal, with conditions, is consistent with the goals and elements of the Aspen Area Community Plan; and WHEREAS, the City of Aspen City Council hereby approves, by a vote of five to zero (5 - 0), a Final PUD Development Plan, Subdivision, Condominiumization, Mountain View Plane, Special Review, GMQS Exemption, 8040 Greenline Review, and Rezoning for Lot 3 AMI>UD; and WHEREAS, the City of Aspen City Council finds that this Ordinance furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT ORDAINED BY THE ASPEN CITY COUNCIL AS FOLLOWS: Ill lil i lili 1111111-11 111 lilli lili p 466392 ~ Page: 3 of 7 04/19/2002 11:45 SILLIA CCUS PITKI- COUNTY C) R 35.00 0 0.00 Section 1 Pursuant to this Ordinance and consistent with condition no. 3, of Resolution No. 93, Series of 1999, the City Council approves the allowable FAR for each Lot 3 parcel and allocated as shown in the matrix below. Parcel 1 27,000 square feet ofFAR Parcel 2 8,000 square feet of FAR Parcel 3 9,000 square feet of FAR Parcel 4 6,200 square feet ofFAR Parcel 5 5,200 square feet of FAR Parcel 6 5,200 square feet ofFAR Parcel 7 6,500 square feet ofFAR Parcel 8 6,500 square feet of FAR Parcel 9 No FAR shall be allocated to this parcel. Section 2 Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the requests for the Final PUD including Final PUD Development Plan, Subdivision, Condominiumization, Mountain View Plane, Special Review, GMQS Exemption, 8040 Greenline Review, and Rezoning for Lot 3 of AMPUD is hereby approved with the following conditions: 1. The development shall comply with the most recent municipal engineering practice standards and the "Best Management Practices" (BMPs) identified for water quality control requirements. 2. Regarding the concerns associated with the type of units of the four (4) deed-restricted multi-family housing units on Parcel 2, should it not be possible to change the unit type, Staff recommends the Applicant meet with Housing Authority Staff to maintain the average of the Category 2, but to price one of the three bedroom units between Category 1 and 2, and to price the 4-bedroom unit between Category 2 and 3, and market as a Category 3. 3. Three of the units on Parcel 2 shall be distributed and sold under the general lottery through the Housing Office. The Applicant shall be able to choose a buyer for one of the units. However, the buyer must be a fully qualified employee under the category for the unit chosen by the applicant; i.e., the potential buyer must meet income and asset requirements, meet minimum occupancy, not own any other property in the Roaring Fork Drainage System, and have worked in Pitkin County 1500 hours per year for the last four years. 4. The Applicant shall submit Infrastructure and Removal of Fill Material Permits for Lot 3 AMPUD within 30 (30) days after recordation of all Final PUD documents. The Applicant may submit building permit applications at the Applicant's discretion, but no sooner than the issuance of a building permit for the Bavarian Inn affordable housing ~ 7 project. The Applicant shall be eligible for a Certificate of Occupancy for the free market I 1 ill I lill 1 11 Illl ilill lill lill Page: 4 of 7 466392 04/19/2002 11:46F SILWA C.-VIS PIT-IN COU,lf CO R 35.00 0 0.00 / multi-family units on Parcel I only after a Certificate of Occupancy has been issued for 1 4 the affordable housing units on Parcel 2. The Applicant shall be eligible for a Certificate of Occupancy for the Free Market Dup[ex on Parcel 3 and the single-family units to be constructed on Parcels 4,5,6,7, and 8 no sooner than the receipt of a Certificate of Occupancy for an on-site accessory dwelling unit or upon the full payment of the applicable affordable housing impact fee. 5. The accessory dwelling units (for Parcels 4 - 8) shall abide by the regulations in the Land Use Code in effect at the time of building permit application and further defined in the Aspen/Pitkin County Housing Guidelines. Should an accessory dwelling unit not be provided on Parcels 4 through 8, a payment-in-lieu fee shall be provided in the amount required in the Guidelines at the time of building permit approval. 6. At the time of Certificate of Occupancy, a site visit shall be conducted on the deed- restricted units. 7. Since the "for-sale" affordable housing units are to be developed on a separate parcel, Parcel 2, a separate homeowner's association shall be established for the affordable housing portion of the development. 8. The Applicant shall include appropriate language in the Final PUD Agreement for Lot 3 and it's associated condominium (or planned community) documentation regarding the separate homeowner' s association for Lot 3 (to be reviewed and approved by Staff) that ensures that the four (4) "for-sale" affordable housing units to be developed on Parcel 2, shall comply with the representations made in the application, adhere to the conditions of this Final PUD Approval, and comply with the required deed restrictions as administered by the Aspen / Pitkin County Housing Authority so that the owners of said units shall not be unduly burdened by a disproportionate share of responsibilities associated with the master homeowner's association or other homeowner associations established for the free market residences on parcels 1 and 3 - 8. 9. Erosion control plans, including potential natural resource protection structures, and a detailed plan for irrigation systems and other plantings within the City of Aspen right-of- way shall be submitted by the Applicant to the Parks Department for approval prior to the application of building permits. Separate erosion control plans shall be submitted by the owners of each parcel prior to the issuance of a building permit for their respective parcels. 10. The Applicant shall construct the "Aspen Mountain Trail" which traverses the adjacent Open Space Parcel "B" according to City of Aspen standards during the comptetion of this project. This trail improvement shall meet engineering specifications as defined by I the City of Aspen Parks Department including a crusher fines trail surface, a width of 4 four feet, a trail sign located at the entrance of each trail identifying trail name and public I access, and the sign shall be designed and built to match the character of the neighborhood. The Applicant shall submit a detailed plan for trail design and drainage. Parks Department requests the applicant field stake the trail. The Applicant shall be required to have the trail improvement completed and inspected to the satisfaction of the Parks Department prior to the receipt of a Certificate of Occupancy for the free market triplexes on Parcel 1. 1 466392 lil i -1 -11111111.' lili 1111111111 lilli Page: 5 of 7 04/19/2002 11:46Â¢ SILUA [G.VIS PITKIN COU*TY CJ R 35-~- --9-9/9 _ - --.' - . r 11 11. The Applicant shall formally establish the Top of Mill Trail across Lot 3 AMPUD. This trail shall have a legal description, be shown on the Final Plat, and be dedicated/conveyed to the City of Aspen. Further, the Applicant shall memorialize in the Final PUD / Subdivision Agreement for Lot 3 and associated condominium (or planned community) documents, the obligation by the master homeowner's association or Applicant to improve the Top of Mill Trail, at such time the connection is realized, pursuant to the Parks Department's design criteria. If the trail has not been improved to the satisfaction of the Parks Department within 5 years of the recordation of the Final Plat for AMPUD Lot 3, the master homeowner's association for Lot 3 shall make a cash payment to the City of Aspen equal to a sum defined by the Parks Department for the improvement of the trail. 12. Fire sprinklers and alarm systems shall be installed in all the proposed buildings on Lot 3 as required by the City of Aspen Fire Marshal. Appropriate "booster pumps" (if required) rather than pressure tanks for the sprinkler system shall be used to gain the necessary water pressure as required by the City Fire Department. The owner of each parcel shall be responsible for ensuring that any buildings constructed thereon shall comply with this condition of approval. In addition, the Applicant shall submit a fire safety plan for the demolition to be preformed by the Applicant of the existing structures and the construction of the proposed development of Lot 3 to the Engineering Department at the time of building permit application. 13. The Applicant shall execute a "Line Extension Request" and a "Collection System n Agreement" with Aspen Consolidated Sanitation District (ACSD) prior to building permit application. In addition, forty percent (40%) of the estimated total connection fees must be paid to ACSD by the applicant for service lines that are to be stubbed off the main line into the specific parcels of this development. 14. The Applicant shall be required to show to the ACSD all service locations at the station numbers on the final utility plans for this development prior to building permit application. Additionally, the Applicant shall indicate to the ACSD if main line easements in the ROW are to be dedicated by plat or by description. 15. The Applicant shall record the approved condominium (or planned community) subdivision plat for Parcels 1,2, and 3 of AMPUD Lot 3 in the office of the Pitkin County Clerk and Recorder within one hundred eighty (180) days of its approval by the Community Development Director. Failure on the part of the Applicant to record the plat within one hundred eighty (180) days following approval by the Community Development Director shall render the plat invalid and a new application and approval will be required. 16. The Applicant shall record a PUD Agreement and the Final PUD Plans within 180 days of the final approval by City Council with the Pitkin County Clerk and Recorder binding f this property to this development approval. 17. The development ofthe free market single-family dwellings proposed for Parcels 4-8 of rn AMPUD Lot 3 shall be subject to a site and design specific 8040 Greenline Review prior to their development. These Parcels shall only be required to respond to review standards 4 il .'ll lili Illill Hill-11 lillill L _lil Illl li~ i,J 466392 Page: 6 of 7 04/19/2002 11:46# SILVIA D~VIS PITKI C)UNTY CO R 35,00 D 0,00 26.68.030 (C)(3) and 26.68.030 (C)(7); this resolution approves Parcels 4- 8 regarding A 8040 Greenline Review Standards 26.68.030 (C)(1,2,4,5,6,8,9, 10, and 11) thereby precluding any further review of the same standards as indicated. 18. The owner of each parcel shall pay the required School Land Dedication Fee to the City of Aspen, which is due and payable at the time of building permit application for the development of its parcel. This fee shall be assessed at the rate of the regulations and calculations in effect at the time of the building permit application. 19. The owner of each parcel shall pay the required Park Development Impact Fee to the City of Aspen, which is due and payable at the time of building permit application for the development of its parcel. This fee shall be assessed at the rate of the regulations and calculations in effect at the time of the building permit application. 20. The Applicant shall record the appropriate deed restrictions for Parcel 9, containing the six-space enclosed parking garage, requiring that the lot remain for parking purposes only as part of the Summit Place Condominiums project. 21. It is understood that upon approval of this Final PUD, all remaining residential credits associated with the AMPUD are hereby extinguished. 22. The Applicant shall be required to submit detailed "cut sheets" for the proposed lights on Lot 3 AMPUD indicating the correct lumens on the lighting plan as part of the detailed building set to be examined during building permit review. 23. The Applicant shall work closely with the City of Aspen Engineering Department to ensure the access point from Parcel 1 on Lot 3 adequately provides for a left turn onto South Mill Street. 24. While the development proposal meets virtually all of the proposed underlying L/TR and Conservation zone districts' dimensional requirements, this Ordinance approves the following modifications ofthe dimensional requirements: a. Maximum Lot Size for Parcel 3 is 15,170 sq. ft. b. Maximum Lot Size for Parcel 4 is 12,278 sq. ft. c. Maximum Lot Size for Parcel 5 is 10,593 sq. ft. d. Maximum Lot Size for Parcel 6 is 9,825 sq. ft. e. Maximum Lot Size for Parcel 7 is 17,669 sq. ft. f. Maximum Lot Size for Parcel 8 is 18,756 sq. ft. g. Minimum Lot Size for Parcel 9 is 2,745 sq. ft. I h. Minimum Lot Size for Open Space Parcel B is 49,446 sq. ft. i. Minimum Front Yard Setback for Parcel 9 is 8 feet j. Minimum East Side Yard Setback for Parcel 9 is 3 feet k. Minimum West Side Yard Setback for Parcel 9 is 3 feet 1. Minimum Rear Yard Setback for Parcel 9 is 3 feet 1111111111111 Ill 1111111111 lili lili 04/19/2002 11:46f 466392 Page: 7 of 7 6ILkIA [AVIS PI IKI COUÂ·TY CO R 35.00 D 0.00 Section 3 All material representations and commitments made by the Applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the 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 an authorized entity. Section 4 This Ordinance shall not effect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 5 If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. Section 6 A public hearing on this Ordinance was held on the 11th day of March at 5:00 pm in the Council Chambers Room, Aspen City Hall, 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 of Aspen. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council ofthe City of Aspen on this 25th day of February, 2002. 'Â·lakÂ· ''>.Â·Â· .,12%1".12*â€¢ @EF. 3 4 ''' U. A A>MA/1-â€¢Uf IA / +-7 <*,61*fs306*â‚¬, City Clerk Hele'n Kalin'~1â€¢*de*d, Mayor , -Â·u.. FINXLCIA 448*d, passed and approved this I lth Day of March, 2002. ~ Attest.: ,' 2 1*- ' a. 9, ; ... 93>Qi# Â·22/ C Kathryn 9.*och, City Clerk He14 1612Â¥laA.ta-kiAyor ... f ~.4.*.24 f t= 4.- Approed.Â·hs to form: j .. e ..&*~ : c *'1 22544 j #-7 06Â£Â·Â·ra jaliR'Wd],cestor, City Attorney /-4 1, PUBLIC NOTICE Of DEVELOPMENT APPROVAL Notice is hereby given to the general public of the approval o f 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: Parcel 4, Top of Mill Aspen Mountain Subdivision PUD, by resolution of the Planning and Zoning Commission of the City of Aspen, numbered 18, Series of 2008 on June 3, 2008. The Applicant received approval of Residential Design Standard variances from the building orientation, build-to lines, and approval of an 8040 Greenline Review. For further information contact Jason Lasser, at the City of Aspen Community Development Dept. 130 S. Galena St, Aspen, Colorado (970) 429- 2763. s/ City of Aspen Publish in The Aspen Times on June 15, 2008 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 ofthis Order. This Development Order is associated with the property noted below for the site specific development plan as described below. Parcel 5. Top of Mill Subdivision/PUD, Ian and Isabelle Loring, 5 Polo Field Lane, Dedham, MA, CO 02026, (617)312-6664 Property Owner's Name, Mailing Address and telephone number Parcel 5 in Top of Mill, Aspen Mountain Subdivision/PUD, Legal Description and Street Address of Subject Property The applicant has received Residential Design Guidelines variance approval from the building orientation, build-to lines, and 8040 Greenline Review approval, for the construction of a new single family home on the vacant parcel located at Parcel 5 in the Top of Mill Subdivision. Written Description of the Site Specific Plan and/or Attachment Describing Plan City of Aspen, City Council, Ordinance No. 24, Series of 2005 approving the PUD/Subdivision and related land use approvals associated with and necessary for the development plan. City of Aspen, Planning and Zoning Commission, Resolution No. 18, Series 2008 approving the Residential Design Variances and 8040 Greenline Review and land use approvals associated with and necessary for the development plan. Land Use Approval(s) Received and Dates (Attach Final Ordinances or Resolutions) June 15,2008 Effective Date of Development Order (Same as date of publication of notice of approval.) June 16,2011 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 15th day of June, 2008, by the City of Aspen Community Development Director. rjlufvÂ·Â·Fl eLE- u#&125 u *CN, 1 kpr di w liM- hifis Bendon, Community Development Director AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.070, ASPEN LAND USE CODE ADDRESS OF PROPERTY: P 042 H & LL P U D , Aspen, CO STATE OF COLORADO ) ) SS. County of Pitkin ) Â£ A-UU 9 el A Sco 26/i (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: L./00'- 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 thepublicationis attached hereto. 94-04-% 5- Signatur The foregoing -Affidavit of Notice" was acknowledged before me this 1-7 day O 4 0 N â‚¬ , 2002, by A Â»S El- A SCCS 2.-1~~7 6 , WITNESS MY HAND AND OFFICIAL SEAL PUBLIC NOTICE â€¢ Of DEVELOPMENT APPROVAL My commission expires: 09 /ID (061 0 Notice is hereby given to the general public ot 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, pertain rfo unc~ Ae~Â»c~Â» ing to the following described property: Parcel 4, Top of Mill Aspen Mountain Subdivision PUD, by Notary Public resolution of the Planning and Zoning Commission of the City of Aspen, numbered 18, Series of 2008 on June 3,2008. The Applicant received approval of Residential Design Standard variances from the building orientation, build-to lines, and approval of an 8040 Greenline Review. 6Â°dryfgr-tkl,UNCM:i,281:.70'tgzld?(:Af-nrEC:btalltÂ© ATTACHMENTS: '*geâ‚¬y--ege@3*h S. Galena St, Aspen, Colorado (970) 429-2763. M 4-: 0 : s/ City of Aspen Publish in the Aspen Times Weekly on June 15, COPY OF THE PUBLICATION 2008.(1695481) # i LAURA 4----R2zy a : MEYER j # My Commission Exoires 08/10/2010 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: 934 .504-FA /FloU SUâ‚¬U- , Aspen, CO SCHEDULED PUBLIC HEARING DATE: -TE.adou~ ..lung- 3 Q. 4...30/,rl,200-2 STATE OF COLORADO ) ) SS. County of Pitkin ) I, (name, please print) Ang ek Sco-/exf being or repJesenting an Applicant to the City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) of the Aspen Land Use Code in the following manner: J- Publication of notice. By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen at least fifteen (15) days prior to the public hearing. A copy of the publication is attached hereto. Posting of notice: By posting of notice, which form was obtained from the Community Development Department, which was made of suitable, waterproof materials, which was not less than twenty-two (22) inches wide and twenty-six (26) inches high, and which was composed of letters not less than one inch in height. Said notice was posted at least fifteen (15) days prior to the public hearing and was continuously visible from the day of , 200 , to and including the date and time of the public hearing. A photograph of the posted notice (sign) is attached hereto. Mailing of notice. By the mailing of a notice obtained from the Community Development Department, which contains the information described in Section 26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to the public hearing, notice was hand delivered or mailed by first class postage prepaid U.S. mail to all owners of property within three hundred (300) feet of the property subject to the development application. The names and addresses of property owners shall be those on the current tax records of Pitkin County as they appeared no more than sixty (60) days prior to the date of the public hearing. A copy of the owners and governmental agencies so noticed is attached hereto. (continued on next page) 1- Mineral Estate (hvner Notice. By the certified mailing of notice, return receipt requested, to affected mineral estate owners by at least thirty (30) days prior to the date scheduled for the initial public hearing on the application of development. The names and addresses of mineral estate owners shall be those on the current tax records of Pitkin County. At a minimum, Subdivisions that create more than one lot, Planned Unit Developments, Specially Planned Areas, and COWAPs are subject to this notice requirement. Rezoning or text amendment. Whenever the official zoning district map is in any way to be changed or amended incidental to or as part of a general revision of this Title, or whenever the text of this Title is to be amended, whether such revision be made by repeal of this Title and enactment o f a new land use regulation, or otherwise, the requirement of an accurate survey map or other sufficient legal description of, and the notice to and listing o f names and addresses o f owners of real property in the area o f the proposed change shall be waived. However, the proposed zoning map shall be available for public inspection in the planning agency during all business hours for fifteen (15) days prior to the public hearing on such amendments. AL Swl Signat44 The foregoing "Affidavit ofNotice" was acknowledged before me this /7 day Of MOui , 200-5, by ,+~â‚¬,la Scayff 1 2302 2% 6 E %96 8 9 9 6 22 6 5Â£ 86: B.28 . Qi:0 1*ia,%f#{ilt'02&8@Heae"-.1 31 9. &2#20 Ze=E> .u Â®CÂ®Â®2325229&@#4 U â‚¬6 WITNESS MY HAND AND OFFICIAL SEAL ,<Z O-152,c:â‚¬88{1Â£I:F-BEE=-E 50>0 3 ._ I E -2 (02 6 a. a) - 0.9> u * I.Zâ€¢ Â§00 8 EEBE 2849 -3 g.e y :Â£ c.* ; 8 :or0 8 0-c --1% . b 12%9 021-3/13*-Ii:*22-*flimi cd N il My commission expires: 01 9/ 10 ~00 L 6 ziH ziES-maceg:*23@9ffÂ¥6825 0 E b,zE %001:f,=-e-me=:28:.2*12:=El~ p &*am 2-02-k-*19:gall-glialig=~*:Â·i0 i~LWLÂ» UNG <27Wivi--Â« <D ~21~~ E:<60=0>090-4*~3&22*~@~~* ~ .EÂ»u /1-Â·â€¢4.,3@:ABBm:/22:1*18*'@8<8 Notary Public Q 0~2 *2.1,27==522.2=EIWE..MEGEOO 50 26.24:EEE:%%12:"1:51&,5 Et:cud #8690 ~.222%2@:22 2 4:0 0 -co câ„¢, 0,< C 0- uu'La 2.Â®oirS~IE@9.22:62=18:5326 52 â‚¬!fbyÂ·.fi,~3 KEE:% 822.22Â·:&Â·81%1*03E1:63Â§3&%*00 CIC. COU.10 z R.Eco.CL.cOC[coÂ·-v.{02.240.-<LLOC/58 ~8~ 2 i LAURA 1 ATTACHMENTS AS APPLICABLE: i MEYER i â‚¬... ...9 â€¢ COPY OF THE PUBLICATION 14;86'646/ â€¢ PHOTOGRAPH OF THE POSTED NOTICE (SIGN) â€¢ LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES*AERIBA*%% *AMW BY MAIL â€¢ APPLICANT CERTIFICATION OF MINERAL ESTAE OWNERS NOTICE AS REQUIRED BY C.R.S. Â§24-65.5-103.3 PUBLIC NOTICE Aspen Planning and onwig Co~~i RECEPTION#: 550327,06 /2008 at 09:28:58 AM, 1 OF 4, R $21.00 Doc Code RESOLUTION Janice K. Vos Caudill, Pitkin County, CO RESOLUTION No.18 - (Series of 2008) RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION APPROVING AN 8040 GREENLINE REVIEW AND RESIDENTIAL DESIGN VARIANCES FOR PARCEL 5, TOP OF MILL SUBDIVISION/PUD, A PLANNED COMMUNITY, COMMONLY KNOWN AS 934 SOUTH MILL STREET, CITY AND TOWNSITE OF ASPEN, PITKIN COUNTY, COLORADO PARCEL NO. 2737-182-02205 WHEREAS, the Community Development Department received an application from Ian and Isabelle Loring, represented by Sunny Vann of Vann Associates LLC, for variances to the Residential Design Standards for building orientation, and build-to lines; and an "8040 Greenline Review;" and, WHEREAS, the subject property is zoned Lodge with a Planned Unit Development Overlay (L/PUD) in the Top of Mill Subdivision (Aspen Mountain Subdivision) PUD; and, WHEREAS, upon review ofthe application, and the applicable code standards, the Community Development Department recommended approval, of the land use requests; and, WHEREAS, during a duly noticed public hearing on June 3,2008, the Planning and Zoning Commission approved Resolution No. 18, Series of 2008, by a five to zero (5-0) vote, approving variances to the Residential Design Standards for building orientation, and build-to lines; and approving an "8040 Greenline Review."; and, WHEREAS, the Aspen Planning and Zoning Commission has reviewed and considered the development proposal under the applicable provisions ofthe Municipal Code as identified herein; and, WHEREAS, the Planning and Zoning Commission finds that the development proposal meets or exceeds all applicable development standards and that the approval of the development proposal, with conditions, is consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS, the Planning and Zoning Commission finds that this resolution furthers and is necessary for the promotion ofpublic health, safety, and welfare. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ASPEN PLANNING AND ZONING COMMISSION AS FOLLOWS: Section 1: Pursuant to the procedures and standards set forth in Section 26 of the City of Aspen Municipal Code, the Planning and Zoning Commission hereby approves variances to the Residential Design Standards for building orientation, build-to lines; and an "8040 Greenline Review" on Parcel 5, Top of Mill Subdivision/PUD, A Planned Community, City and Townsite of Aspen, Pitkin County, Colorado. Section 2: All material representations and commitments made by the Applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the Planning and Zoning Commission or City Council, are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Section 3: Building Permit Application The building permit application shall include the following: a. A copy of the final P&Z Resolution. b. A Construction Management Plan c. Engineered drawings for the deflection wall (as shown on PUD plat) Section3: This resolution 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. Section 4: If any section, subsection, sentence, clause, phrase, or portion of this resolution is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. Section 5: Vested Property Rights The development approvals granted herein shall constitute a site-specific development plan vested for a period ofthree (3) years from the date of issuance of a development order. No later than fourteen (14) days following 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 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 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: Parcel 5, Top of Mill Subdivision/PUD, City of Aspen Townsite, for Residential Design Standards Variances and 8040 Greenline Review by the Aspen Planning and Zoning Commission. APPROVED BY the Planning and Zoning Commission of the City of Aspen on this 3rd day ofJune, 2008 MEMORANDUM TO: Plans were routed to those departments checked-off below: ........... City Engineer 1........... Zoning Officer Housing Department 1 ........... Parks Department l . ........... Aspen Fire Marshal . ............ Aspen Consolidated Sanitation District 1 ........... Building Department Environmental Health I . ........... Utilities / Public Works l............ Holy Cross Electric City Attorney Streets Department Historic Preservation Officer i . ........... Pitkin County Planning County & City Disaster Coordinator i . ........... Police i . ........... Transportation Parking FROM: Jason Lasser Community Development Department, 130 S. Galena St.; Aspen, CO 81611 Phone-429.2763 Fax-920.5439 DATE: April 4,2008 RE: DRC Review - Lot 5, T.O. Mill Subdivision - Development in Environmentally Sensitive Areas - 8040 Greenline Review The Applicant would like to develop a single family home in an Environmentally Sensitive Area. DATE OF DRC MEETING: April 16th @ 1:30 in the Sister Cities Room Blank Page 1 of 1 Jason Lasser - - From: Todd Grange -- Sent: Friday, April 18,2008 10:41 AM To: Jason Lasser Subject: DRC comments - 8040 GREEN LINE REVIEW Jason, Please call or stop by if you have any questions or need further clarification on below comments. Lot 5 T.O. Mill Subdivision Confirm grade: The site plan appeared to be using an interpolation of grade or a finished grade. It did not appear to reflect the grade in the Top Of Mill Subdivision / PUD sheet C4. Sheet C3, 1975 Topography, noted as a reference for natural grade, was not found in the packet. Please clarify the grade on the Site Plan page. Height will be taken from the most restricted grade. Plan set will require a a roof plan over topo map with all pertinent roof heights marked and listed in corresponding key. The spots on this key and page should relate to same locations on elevation pages. Applicant will submit a Residential Design Standard page with plan set. A new requirement. Todd Grange, Zoning Officer Community Development Department City of Aspen 130 S. Galena Street Aspen, CO 81611 Phone: (970)429-2767 Fax: (970)920-5439 www.aspenpitkin.com 5/13/2008 Â· r - b . e '.4 Â¢ . L 2 1, A # /4 I I. .71, . . . 4 ' 0 6,1,0 lf... ' I. '. 4 - U, *A + ~~,1 '4 '1*' . 44 * . - I . i - e r 4 Identify from: | <Top-most layer> 4. 1 1, . - parcels Location: | 2,625,495.425 1,494,653.960 Fe t Top of Mill | Field |Value 1-3 . ..4 0 .4/ N -- 1 . 9 14 k. Al.l . FID 1780 .. ' Shape Polygon â‚¬ '4 4 . 2 AREA 10804.055383 ./IrÂ· . . I NAME Top of Mill PERIMETER 421,160562 t . . FILING BLOCK '' MULTJD TYPE rs EXEMPT 7 PARCEL 273718202205 ~~ -LJ* -1 *i,L.3 14,5.... ACCOUNTNO R018864 SUBNAME TOP OF MILL 4, 4 i %1:th: OWNERNAME BAILEY FAMILY INVESTMENT CO 4 ADDREâ„¢ C/O THOMAS H BAILEY 2 1 r,.e ADDRESSZ BOX 15808798 4 ."'liRK CITY SIOUX FALLS STATE 5D h.ft:. ir;r ZIPCODE 57186 9 0 . ry i- 1 4 STREETNO 4 STREETDIR 5 5TREETNAME MILL STREETSUF ST 5TREETALP 9,9, reâ‚¬ C.- LOT_1 ANDTHRU b J.L... r :; . *4 : .K-~ 7.\ ANDLOT le r BLOCK_1 REMARK PARCEL 5 1 * .. er , . .* ' IMPORVECD VACANTCD 0100 A55E55VAL 1334000 jACTVAL 4600000 EXHIBIT E-1 LAND USE APPLICATION APPLICANT: ~ Name: /*1 46.10 /44/3â‚¬Â£<-â‚¬ 60/VAP, Location: /991=2- â‚¬ 7br CP b.|/LL Â£ibrgch/J Nc*1 (Indicate street address, !6t & block number, legal description where appropriate) ~ Parcel ID # (REQUIRED) 2737/8'2-022Â£65 ~ REPRESENTATIVE: Name: 9-DUL-H \"+1 LX \JAH 14 Â»632Â£-Â«1 -26 AL-c= Address: 72* a . A-~>p M#UL 4/e .,4)42'Â·,1 / ~ phone # 9~-d-95-8 ~ PROJECT: Name: Address: Phone #: TYPE OF APPLICATION: (please check all that apply): 1 Conditional Use E] Conceptual PUD [J Conceptual Historic Devt. Special Review Â£ Final PUD (& PUD Amendment) U Final Historic Development 1 Design Review Appeal U Conceptual SPA U Minor Historic Devt. GMQS Allotment U Final SPA (& SPA Amendment) [3 Historic Demolition QS Exemption U Subdivision El Historic Designation ESA - 8040 Greenline, Stream U Subdivision Exemption (includes El Small Lodge Conversion/ Margin, Hallam Lake Bluff, condominiumization) Expansion Mountain View Plane ~ C Lot Split E] Temporary Use Er Other: [3 Lot Line Adjustment El Text/Map Amendment ,/12*1:.d>'RE*ted,46 /765/4,4/ 44731-/ r),91'14 Ana EXISTING CONDITIONS: (description of existing buildings, uses, previous approvals, ete.) Loae /NOFC,} off' 614 ~ PROPOSAL: (description ofproposed buildings, uses, modifications, etc.) / 1 6-9 146*JES- '59-4 ICY' rvmt, r>â‚¬5#4025 1 rban9:48, D /4-3,1 Ha~'you attached the following? FEES DUE: $ /f~,5/5 - [919-Application Conference Summary [*<*tachment #1, Signed Fee Agreement [EKResponse to Attachment #3, Dimensional Requirements Form &14*onse to Attachment #4, Submittal Requirements- including Written Responses to Review Standards K~1 El El El El EXHIBIT CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT 1 Agreement for Payment of City of Aspen Development Application Â¥ees CITY OF ASPEN (hereinafter CITY) and i AN On>n,1*1 (hereinafter APPLICANT) AGREE AS FOLLOWS: 1. APPLICANT has submitted to CITY an aoolication for 85=40 24Â¥%6116/Ne teÂ»,1 6/1 i: --I (hereinafter, THE PROJECT). - 2000) establishes a fee structure for Land Use applications and the payment of all processing fees is a 2. APPLICANT understands and agrees that City of Aspen Ordinance No. 57 (Series of condition precedent to a determination of application completeness. ~F project, it is not possible at this time to ascertain the full extent of the costs involved in processing the 3. APPLICANT and CITY agree that because of the size, nature or scope of the proposed application. APPLICANT and CITY further agree that it is in the interest of the parties that APPLICANT make payment of an initial deposit and to thereafter permit additional costs to be billed to APPLICANT on a monthly basis. APPLICANT agrees additional costs may accrue following their hearings and/or approvals. APPLICANT agrees he will be benefited by retaining greater cash liquidity and will make additional payments upon notification by the CITY when they are necessary as costs are incurred. CITY agrees it will be benefited through the greater certainty of recovering its full costs to process APPLICANT'S application. processing or present sufficient information to the Planning Commission and/or City Council to enable the 4. CITY and APPLICANT further agree that it is impracticable for CITY staff to complete Planning Commission and/or City Council to make legally required findings for project consideration, unless current billings are paid in full prior to decision. .6 5. Therefore, APPLICANT agrees that in consideration of the CITY's waiver of its right to collect full fees prior to a determination of application completeness, APPLICANT shall pay an initial ~E deposit in the amount of $/1:Ste-&'hich is for & hours of Community Development staff time, and if actual record~d costs exceed the initial deposit, APPLICANT shall pay additional monthly billings to CITY to reimburse the CITY for the processing of the application mentioned above, including post approval review at a rate of $220.00 per planner hour over the in itial deposit. Such periodic payments ~E shall be made within 30 days of the billing date. APPLICANT further agrees that failure to pay such accrued costs shall be grounds for suspension of processing, and in no case will building permits be issued until all costs associated with case processing have been paid. CITY OF ASPEN APPLICANT By: By: ~4 70~4 Chris Bendon Community Development Director Date: 91(~i-~ Billing Address and Telephone Number: Required _ 4Â· re,.Â£:> F 1421-n 694â‚¬EL "52094+71 /941 02â‚¬523,%, g:\support\forms\agrpayas.doc r 41+3 -5/2.-44-64- 11/30/04 (51 Permits Ele Edit Elecord Navigate Fgrm Reports Format I.ab tlelp *@ â€¢X, V -3 2 Il 2,1 8 21 ed - 1 li N 1 4 M 0 Â£} i . 1.3.1 1 : 01 lie el ; d 2 *1 6 -1 3 + 111. 43 . b> -LI] 0 1 Main| Custom Fields | Actions | Feel ~ Fee SummarM | Yaluation ~ Parcels | Sub fermits | Conditions | Routing History | Permit Type ~ aslu _~,]Aspen Land Use Permit # |0002.2008.ASLU Address |934 5 ML g~ Apt/Suite ~ City ~ASPEN State FO-| Zip ~81611 gj Permit Information 9. Master Permit ~1 . . ~g~ Routing Queue |aslu07 Applied |01/14/2008 *3 Ploiect i g| Status jpending App,oved | 111 _ Description ~RESIDENTIAL DESIGN STANDARDS Issued 1 1] Final ~ 21 ~ Submitted |SUNNY VANN 925-6958 Clock |Enning- Days [---6 Expires |01/08/2009 ill I Owner ~---- - Last Name ~LORING ~ Fist Name ~IAN & ISABELLE 5 POLO FIELD LN DEDHAM MA 02026 Phone @17) 312-6664 P Owner Is Applicant? Applicant Last Name |LORING g| First Name }IAN & ISABELLE 5 POLO FIELD LN i DEDHAM MA 02026 1 Phone @17] 312-6664 Cust # ]28042 .2 Lender Â·Â·Â·Â·~~ ~~ ~ ~~- Â·- i Last Name ~ g| Fifst Name ~ ; Phone ~ Enter the master permit number AspenG old[b) Edit 10 Record: 1 of 1 2737- / 6-2 -02- 2-05 00 02. 1008 .As LU 1 s@,ON 40 0 xoqpol ~ sdnoig qel FINHOLM ARCHI TS, INC. [L[*VF[% Â©35 9'[14[M]Â©[M]OUTA[l 111-L Aspen Busings Center Aspen, CO 81611 1729 ARCHITECTS DATE l| 1612 JOB NO. (970) 925-5713 ATTENTIOW Fax (970) 920-4471 To 326\08 6#9â‚¬1200-3 RE : L.012.1 NG- RE: > 1 OENEE C (3-9 O EL .4&8214 TOP of W ILL ) LOT- *16- Aâ‚¬>fER j Co 61-lu Di ue CE-er. WE ARE SENDING YOU ~Attached D Under separate cover via the following items: > E Shop drawings El Prints D Plans U Samples E Specifications ~Copy of letter U Change order U COPIES DATE NO. DESCRIPTION 1 Ill(-1, 11 Or 14 ACJ- C edtbr 0 4~ Afp -t P- f L / 1-1. Cg r 0(4 /1 l c THESE ARE TRANSMITTED as checked below: U For approval El Approved as submitted m Resubmit copies for approval ~For your use El Approved as noted 0 Submit copies for distribution Cl As requested C] Returned for corrections U Return corrected prints > El For review and comment El E FOR BIDS DUE El PRINTS RETURNED AFTER LOAN TO US REMARKS P\PolL, acld Â»-101 10&Â« ct- a.-0Â©001 + ax,r a-AP 1 i (14-1 L.N 4Â·tud- LOA. S Ul n.-a. CL-~ 916 rikiftzi et --1-0 LÂ» - RECEIVED C CL.U- DCAOid LOI biy t.A~OllioÂ·'G - CITY 02 ASPEN COMMUNITY DEVELOPMENT COPY TO SIGNFD: 134-NiD f-i Atipud If enclosures are not as noted, kindly notify us at once. 4* Finholm - -& - . ./Ill//3-/.il ------ 1.r, I. .. 59.- 02Â»044 .*t ' IPÂ« Lill fr#* PROPERTIES . OF ASPEN January 14.2008 City O f Aspen Building Department 130 South Galena St. Aspen. CO 81611 To Whom It May Concern: I am writing to you on behalf of the Top of Mill Master Homeowners Association located at rrop of South Mill Street iii Aspen. The Master Association and its Design Review Committee (SARC) approve the Conceptual Design for the home on lot #5 (Loring Residence) located within the Top of Mill Master Association and the owner has permission to proceed with the process involved with moving this project forward. Sincerely, , 0 /7 Padraig Allen ~ Association Property Manager Frias Properties of Aspen 970-429-2436 RECEIVED ASPEN t ELOPMENT REAL ESTAT E â€¢ PROPERTY MANAGEMENT â€¢ F./1 017/ON RENTA L.%' â€¢ SINCE 1974 730 East Durant. Aspen. Colorado 8/611 970-920-2000 u, 9-0-920-2020 1-800-633-03.36 E-MA[L: reservations(11) Priasproperties. com WEB S]TEÂ· Frias Properties.com THE CITY oF AspEN Land Use Application Determination of Completeness Date: January 15,2008 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 0002.2008.ASLU (934 S. Mill Street). The planner assigned to this case is Jason Lasser. The public hearing on the application is scheduled for June 3,2008. 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: , 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~~)(our 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. Thyk- You, 2-7hl f 4:lefh<~r Phg*, Deputy Director City o f Aspen, Community Development Department C:\Documents and Settings\jennifep\Desktop\organized\G Drive\Templates\Completeness Letter Land Use.doc