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Home My WebLink AboutLand Use Case.934 S Mill St.0014.2010.ASLU934 3 M; CTSv-t<9VI~ 6 -1.4 0014.2010.ASLU PARCEL 5 TOP OFMILL I, 8040 GREENLINE REVIEW 273718202205 4 XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX ~ r 1. 31 R ll - -6---- ------<---1--*)--f- THE CITY OF ASPEN City of Aspen Community Development Department CASE NUMBER 0014.2010.ASLU PARCEL ID NUMBER 2737 18 202 205 PROJECTS ADDRESS 5 PARCEL TOP OF MILL SUBDIVISION PLANNER DREW ALEXANDER CASE DESCRIPTION GREEN LINE ESA VARIANCE REPRESENTATIVE SUNNYVANN DATE OF FINAL ACTION 6.1.10 CLOSED BY ANGELA SCOREY ON: 6.14.10 27 371 1202-205- 00/4.20 1 0 Â·ASLUI liai{gy-iin'.~ 2/11211wl Elle Edit Record Navigate Fgrm Reporis Format Iab 884 i @ 4 Â»< â€¢ 1, 4 he li QI MIlÂ® 23 L d- I i Ji 1 ' .1 0 21 06 jump 1 C *~i O I e ~ 1 9 6 -0 e claar * 1 i 2 El *113 21 J ./i~ .3 /(90 J A -21 Main Custom FÂ»Ids |Routing Status j Fee Summarg I Actions | Rol*ing ftory | Permit type 1 aslu ||Aspen Land Use ~ Permit # 0014,2010.ASLU Address |5 PARCEL TOP OF MILL SUBDIVISION Apt/Suite aty I ASPEN State ~33-71 Zip 81611 ~ Permit Informabon Fr -1Â·itt*235 Cir FÂ·' ,-i'".6,/2..Eakja 7-3lll-- :r'.~ tm= * 1.. Master permit Routing queue |aslu07 Applied 4/9t2010 ProÂ»d Status pending Approved 9 Description 8040 GREENLINE ESA, RDS VARIANCE FOR BUILIDING ORIENTATION/BUILD-TO LINES Issued h Final ~~ Submitted SUNNY VANN 925 6958 Clock ~n~| Days r-3.1 Expires 4/4Â£2011 Submitted via || /kta-8'fy. I'j*.SÂ·4!1 52 Owner ~~~ Last name LORING First name IAN & ISABELLE 5 POLO FIELD LN DEDHAM MA 02026 Phone (61 7) 31 2-6664 Address ** Appkant a Owner is applicant? Â¤ Contractor is applicant? 1 4 4 Last name LORING First name IAN & ISABELLE 5 POLO FIELD LN ~, Phone (617) 312-6664 Cust # ~28042 Address DEDHAM MA 02026 ~ 14 Lender Eft Last name ~ First name i;: 1 k . Phone k 1 - Address Di*/*,0/44*,hill .:E ce * 108 3 AMDOr Â£ 6% 2-.00 4 21 2,0 -D Â¢04.0, . ** * 1-7367.- 600 ki 67 6-PCS>062 AP d~ *Â»1- G ?/ag /2~71 *03 k/- %4 Â· [ sMON 110!noll DEVELOPMENT ORDER ofthe City of Aspen Community Development Department This Development Order, hereinafter "Order", is hereby issued pursuant to Section 26.304.070, "Development Orders", and Section 26.308.010, "Vested Property Rights", of the City of Aspen Municipal Code. This Order allows development of a site specific development plan pursuant to the provisions of the land use approvals, described herein. The effective date of this Order shall also be the initiation date of a three-year vested property right. The vested property right shall expire on the day after the third anniversary of the effective date of this Order, unless a building permit is approved pursuant to Section 26.304.075, or unless an exemption, extension, reinstatement, or a revocation is issued by City Council pursuant to Section 26.308.010. After Expiration of vested property rights, this Order shall remain in full force and effect, excluding any growth management allotments granted pursuant to Section 26.470, but shall be subject to any amendments to the Land Use Code adopted since the effective date of this Order. This Development Order is associated with the property noted below for the site specific development plan as described below. Ian and Isabelle Loring, 111 Huntington Avenue, Boston, MA 02199 Property Owner's Name, Mailing Address Subdivision: Top of Mill Parcel 5 (The physical address for the previous building permit was 934 S. Mill) Legal Description and Street Address of Subject Property Site specific plan includes a 5,163 sq ft (floor area) single family residence with a detached ADU. Written Description of the Site Specific Plan and/or Attachment Describing Plan Approval by the City of Aspen Planning and Zoning Commission for 8040 Greenline Review and Residential Design Standard Variances for Building Orientation and Build-to Lines under Resolution No. 12, Series of 2010. Land Use Approval(s) Received and Dates (Attach Final Ordinances or Resolutions) June 13,2010 Effective Date of Development Order (Same as date of publication of notice of approval.) June 13,2013 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 9~1~y of Ju~~010, by the City of Aspen Community Development Director. Chris Imang'LonE ity evelopment Director -- AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.070 AND CHAPTER 26.306 ASPEN LAND USE CODE ADDRESS OF PROPERTY: 16 f E HN U 5 , Aspen, CO STATE OF COLORADO ) ) SS. County of Pitkin ) (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: ~ Pu.blication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen no later than fourteen (14) days after final approval of a site specific development plan. A copy of the publication is attached hereto. Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen no later than fifteen (15) days after an Interpretation has been rendered. A copy of the publication is attached hereto. (-7 Signature The foregoing "Affidavit of Notice" was acknowledged before me this /4 day 0Â£A,+111 ,2040_,by ,40-101 â‚¬,[a Â·S>ccr-/ -2*1 WITNESS MY HAND AND OFFICIAL SEAL EUSIC-NQTICE My commission expires: Al <Fi~ 1 1- Of DEVELOPMENT APPROVAL Notice is hereby given to the general public of the approval of a site specific development plan, and the creation of a vested property right pursuant to the Land Use Code of the City of Aspen and Title {944-1 &2 tchttâ‚¬Rk- 24, Article 68, Colorado Revised Statutes, pertain- ing to the following legally described property: Notary Public Subdivision: Top of Mill Parcel 5, Aspen, Colorado 81611, the property commonly known as the 934 S. Mill St. (physical address tor previous building permit), by order of the City of Aspen Planning anti Zoning Commissionon June-1,2010. Parcel Id# 2737-182-02-205. The Applicant received approv- als for 8040 Greenline Review and Residential De- ATTACHMENTS: sign Standard Variances for Building Orientation i and Build-to Lines. The approvals were granted for a new single family residence and detached ADU. For further information contact Drew Alexander, at I the City of Aspen Community Development Dept. ' COPY OF THE PUBLICATION I 130 S. Galena St. Aspen, Colorado (970) 429-2739. s/ City of Aspen Publish in The Aspen Times Weekly or June 13, 2010. [5143246] Â£ U i '' Origina/ Grantods) LAURENCE B. WOZNICKI Original Beneficiary(ies) UNITED FINANCIAL MOBTGAGE CORP. Current Holder of Evidence of Debt U.S. BANK NATIONAL ASSOGATION, AS TRUSTEE FOR STRUCTURED ASSET SECURI- TIES CORPORATION MORTGAGE PASS- THROUGH CERTIFICATES SERIES 2007-GEL2. Date of Deed of Trust 8/23/1999 lounty of Recording Pitkin Recording Date of Deed of Trust 8/23/1999 Recording Reception Number 440770 Original Principal Amount $3,325,000.00 Dutstanding Principal Balance $3,034,102.65 - - }ursuant to CRS Â§38-38-101(4)(i), you are here- )y notified that the covenants of the deed of rust have been violated as follows: Failure to }ay principal and interest when due together with all other payments provided for in the Evidence of JDebt secured by the Deed of Trust and other viola- ions thereof. THE LIEN FORECLOSED MAY NOT BE A FIRST LIEN. THE PROPERTY DESCRIBED HEREIN IS ALL OF THE PROPERTY CURRENTLY ENCUM- BERED BY THE LIEN OF THE DEED OF TRUST. RIDER LEGAL DESCRIPTION PARCEL_2 of the W/J RANCH is a tract situated in Lot 8 and the NW1 I4 SW1 14, (previously described as being in the NW1/4 NW 1/4) of Section 22, Township 9 South, Range 85 West of the Sixth Princioal Meridian, described K filln# PUBLIC NOTICE Of DEVELOPMENT APPROVAL Notice is hereby given to the general public of the approval of a site specific development plan, and the creation of a vested property right pursuant to the Land Use Code of the City of Aspen and Title 24, Article 68, Colorado Revised Statutes, pertaining to the following legally described property: Subdivision: Top of Mill Parcel 5, Aspen, Colorado 81611, the property commonly known as the 934 S. Mill St. (physical address for previous building permit), by order of the City of Aspen Planning and Zoning Commission on June 1,2010. Parcel Id # 2737-182-02-205. The Applicant received approvals for 8040 Greenline Review and Residential Design Standard Variances for Building Orientation and Build-to Lines. The approvals were granted for a new single family residence and detached ADU. For further information contact Drew Alexander, at the City of Aspen Community Development Dept. 130 S. Galena St, Aspen, Colorado (970) 429-2739. s/ City of Aspen Publish in The Aspen Times on June 13,2010 RESOLUTION NO. 12, SERIES OF 2010 A RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION APPROVING WITH CONDITIONS 8040 GREENLINE REVIEW AND RESIDENTIAL DESIGN STANDARDS VARIANCES FOR BUILDING ORIENTATION AND BUILD-TO LINES FOR 934 S. MILL ST., SUBDIVISION: TOP OF MILL PARCEL 5, ASPEN, COLORADO - 2 05- PARCEL NO. 2737-182-02~. WHEREAS, the Community Development Department received an application from Ian and Isabelle Loring, represented by Sunny Vann of Vann Associates LLC, requesting approval for 8040 Greenline Review and Residential Design Standard variances for Building Orientation and Build-to Lines; and, WHEREAS, the Applicant's property, Top of Mill Parcel 5, is located within the Lodge Zone District 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 1, 2010, the Planning and Zoning Commission reviewed the application upon recommendation from the Community Development Department and approved Resolution No. 12, Series of 2010, by a(5-2) vote, approving "8040 Greenline Review," and variances to the Residential Design Standards for Building Orientation and Build-to Lines; 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 Aspen Planning and Zoning Commission finds that the development proposal meets all applicable development standards and that the approval of the development proposal, with conditions, is consistent with the goals and elernents of the i Aspen Area Community Plan; and, 1 WHEREAS, the Aspen 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 Title 26 of the City of Aspen Municipal Code, the Planning and Zoning Commission hereby approves "8040 Greenline Review" and two variances to the Residential Design Standards for Building Orientation and Build-to Lines for Parcel 5, Top of Mill Subdivision/PUD, City of Aspen, Pitkin County, Colorado, under the following condition: RECEPTION#: 570390, 06/10/2010 at 08:58:09 AM, 1 OF 10, R $51.00 Doc Code P& Z Resolution 12, Series of 2010 RESOLUTION Page 1 0 f 4 Janice K. Vos Caudill, Pitkin County, CO a) The design of the ADU must satisfy the ADU/Carriage House requirement for snow shedding along the entrance, access, and stairs. This requirement can be found under Section 26.520.050(7) of Title 26. Section 2: Building Permit Application The building permit application shall include the following: a) A copy of the final recorded Resolution printed on the cover page of the building . b) Engineered drawings for the deflection wall (as shown on PUD plat). c) If required, a drainage plan, including an erosion control plan prepared by a Colorado licensed Civil Engineer, which maintains sediment and debris on-site during and after construction. d) As applicable, an excavation stabilization plan, construction management plan (CMP), top of bank and stability of hillside plan, tree protection plan and drainage and soils reports pursuant to the Building Department's requirements. The requirement for a tree protection plan is intended to solely address any trees and their drip line areas that would be affected by construction activities, including protection (such as designated construction routes and temporary fencing) that will be necessary to minimize the impacts on existing trees from construction traffic. The CMP plan shall address traffic management, construction staging, and accurately represent proposed construction hours. e) As applicable, a fugitive dust control plan to be reviewed and approved by the Environmental Health Department. Section 3: Engineering/Drainage Building permit submission shall be compliant with all sections of the City of Aspen Municipal Code, Title 21 and all construction and excavation standards published by the Engineering Department. Section 4: Water Department Requirements rhe Applicant shall comply with the City of Aspen Water System Standards, with Title 25, and with the applicable standards of Title 8 (Water conservation and Plumbing Advisory Code) of the Aspen Municipal Code, as required by the City of Aspen Water Department. Section 5: Exterior Lighting i All exterior lighting shall meet the requirements of the City's Outdoor Lighting Code pursuant to Land Use Code Section 26.575.150, Outdoor Lighting Section 6: Fire Mitigation All codes adopted by the Aspen Fire Protection District shall be met. This includes but is not limited to access (International Fire Code (IFC), 2003 Edition, Section 503), approved fire sprinkler and fire alarm systems (IFC, as amended, Section 903 and 907). P& Z Resolution 12, Series of 2010 Page 2 of 4 The capacity of the water utilities shall be assessed to determine if there is adequate volume for fire suppression. Section 7: Vested Property Rights The development approvals granted herein shall constitute a site-specific development plan vested for a period of three (3) years from the date of issuance of a development order. However, any failure to abide by any of the terms and conditions attendant to this approval shall result in the forfeiture of said vested property rights. Unless otherwise exempted or extended, failure to properly record all plats and agreements required to be recorded, as specified herein, within 180 days of the effective date of the development order shall also result in the forfeiture of said vested property rights and shall render the development order void within the meaning of Section 26.104.050 (Void permits). Zoning that is not part of the approved site-specific development plan shall not result in the creation of a vested property right. Section 8: 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 9: 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 10: 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 1 validity ofthe remaining portions thereof. i {Signatures on following page} P& Z Resolution 12, Series of 2010 Page 3 of 4 APPROVED BY the Planning and Zoning Commission of the City of Aspen on this 1St day of June, 2010. APPROVED AS TO FORM: PLANNING AND ZONING COMMIjAON (+74Â«9 1 j<Gmes R. True, Special Counsel Stan Gibbs, Chairman ATTEST: *UK.1 ~Ki~ckie Lothian, Deputy City Clerk U t ATTACHMENTS: EXHIBIT A - Site plan (showing building envelope) ExHIBIT B - Architectural elevations P& Z Resolution 12, Series of 2010 Page 4 of 4 6,44,elf 4 GENERAL SITE PLAN-NOTES. 1. SITE FLU "ORMATION 6 8ASED 011 THE SUR/Er PREPARED 0. 5C-uESER GGRDC* IDER,MJED WARCH 08.2Dt ;=w ~26&,crr':agE NID -CMITECT IS 4 i \ .. RESFONIBLE FOR *CES.ERMORS OR 01,11SSK1IS W SUÂ®/ETOR. ~'C ~ 0 2 5/rE c[Wraâ€¢ 2/VATS, 003675 EDUAL Bu,UING E/â€¢*rol IrI r 3. OFRACTOR TO T,KE GRE< CARE TO NOT D,SBURB VEG'Â·T/K* OUTSIDE , ~ 9&52&28 :DIN'.#7#.fa::al<*.Â¤~ .Au. BE I~ ~~ ~ -; 1.. Â·Â·ziamt=eomafeele,Â£x _ I AU 00. SH~L BE LEASMED . RE~~/ELEÂ£1 ~I--%26-2.----Â· I Â«k L - a. illi wl USE AN ,PPRONED BEAR-PROOF TRI/ 0rrAINER AS REID I THE C[rr/COUIT. A' GALAMBOS 7. OAGNIC WQEFIAL G TO BE ./D TO THE TOP 2 -0 /MED E.HilÂ·te~rs INC. I \C 5. ALL FLUITK BEDS TO IE MULCHED â€¢fri A â€¢IN.OF /7 *00/ CH,PS. ' -= ~ ..1 64,9 . - --- -. % 1 B. PAE NON-FOIMLE WATER FDA IRRIATION. :98 Â·Â· 3]4 D 'ABC 10. REFER TO INIL & L,INDSCAPE IA-INGS FOF? ACD,TION,i INFOR,1/DL >7-7.-- ~70)429-128/ Y. - il. grE WILS REFER TO AACHrrECTURALS 1 STRUCTURâ€¢13 FOR ZI#TKÂ»IAL INFORNEDÂ£ ' Â· . ~D.4 ~~ ~- .. 4. . I .-a.. Y -- I. I 1 .36 I .htnD, d. '. ''%'- .Â·- /0 :4-3 361"Â« .H - :10#17 -02 [7Â· 2 -40 -4. ... 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EEZEZEEFI'z~i I i:===il-==::=i'z< AOL \.12-0Â£_,ZL=AD.- +J ADU ADU El. 0â‚¬ - EXTER/OR ELEKAT/ON - WEST ~31 EXTERIOK ELEVATION - SOUTH 4 4-w- - SÂ¢.1. 14 = r# -M * #.2/2-Le FINf./ .1.. A Â·..T~*~#ElD-6- ADU ADU ZEXTEREELEVATION-EAST rTh_EXTERIOKELEVATION-NORTH 3 N3083&1 ONI GENERAL ELEVATION NOTES: L @*&~~1~9*ET,&11 Eti~*ME~*31Â£908N j.- 1 DATUM ELEÂ¥/10% loCIC Â· SEE ElEMgot 803635 PER SUR/EY W 56â€¢ . 1 ~C~F/~%E~~E~~~~A~l~~~T~~Et=t,7196'r 4 1Fk#Zu'lW~EN~EMn~m~~E~ SHOMM / ELEY/10!G GALAMBOS ARCH~TECTS INC. 51â€¢ 0 ./.C ASPEN. 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ALL DONMSPOUTS TO BE lt,RDPIPED TO DEUGHT COOBDIH/E D/IWI UDCATIONS WNH #ACHIFECT. 4 NE'k&fin~1&~AmdE~VitpNM~ SHONN ON ELEV/IONS GALAMBOS ARIMITICTS I.C. /14 I AAIC ASPEN. Co llell Â¢970) 4//-1 zee Nd8 My# 0 6,1 Etd OIL Z 00 1 11 0 al- 1,1111 11 UPPER LEVEL .,Â·EE-kÂ¥- - hleSH FUXE......_+ -1 '~~ ~ ~ ' ~~~~~ ~~ ~~-~~~~~~~~'-~~~~~ UPPE~? LEVEL 1 , Â·tiI.er EL"037 - --/T EIT I LEIEL - F=SH FLÂ®R -- - TED#7 ~'-~' \. ~ ~ -~~L__2 G~RAGE EWâ„¢ UNU iriA==, i ' I. --' -----rACON*IL-* - / 1 , 1 .Â·CÂ¥:r 1 Â¢ 1 116/.- ..SPORT Coum 1_EXTER!2_ELEYATION-EA5T .IfN~6600&915.-0- 3 N30163hl 0100 'NldSV ~-'Re!,alle '32993~mualln,11:40!01'131-1~mi~mwÂ·~ --'Al'jil'47-4.' 11'.'Â£'OW-0'47.4 0Â· IA:*la:lv:nal:1'0~ aill:Illillilill:li:lilli:li:TE:i:ilil./:El:iikir:il:ililli:i:'lli:/-5--/1 ~~:":=:6=.'":9:':0.":'Im:=08~A,~~W~~89~ - ~ . E-~~11~11~1]11181~Ill111111ImN~~N~~~iÂ¥~~11~~iiNkl~' â€¢1111~Ilall~ -=-'goillill.limill...ill....lilli.....lill....lilill.qi:mill......ill.....Ii.......Ill......1.......:0.....lul.....li . 1 ........1....~11........................11......19............................. A" ..1 ........1â‚¬ . 1 . 101.11.1.1,1.11.1 1~:~:~ . .1.. .. ...... 1 .1 . 1.41 1@@laillilâ€¢EME"Illlâ‚¬U*:==25. -- ---,-, EE**imE&1=*~ifill Iâ€¢"'"-I--Il â€ž4# . ' ~ -411 =-- .- -=1.-01 - ..aL 111.1111= .'-'-1 .. , . 4 .â€ž 4--.--=.--.1 .-=...-.~~-.9 ---.,il:,01.,11,116,0.e...i..... - .5.-1 . . ., a -- . 0. 0 -72 1 -7 -i P1 I- 1 XAÂ· MEMORANDUM TO: Aspen Planning and Zoning Commission THRU: Jennifer Phelan, Community Development Deputy Direct< FROM: Drew Alexander, Interim Zoning Officer [33 ,4. RE: Parcel 5 Top of Mill Subdivision/PUD - 8040 Greenline Review and Residential Design Standards Variances for Building Orientation and Build-to Lines - Resolution No._, Series 2010 - Public Hearing MEETING DATE: Junelst,2010 APPLICANT /OWNER: STAFF RECOMMENDATION: lan and Isabelle Loring, 5 Polo Field Staff recommends the Planning and Zoning Lane, Dedham, MA 02026 Commission approve the project. REPRESENTATIVE: SUMMARY: Vann Associates, LLC, 230 E. Hopkins The Applicant requests of the Planning and Avenue, Aspen, CO 81611 Zoning Commission approval of 8040 Greenline and Residential Design Standards variances for LOCATION: Building Orientation and Build-to Lines. Subdivision: Top of Mill Parcel 5 (previous building permit granted 934 S. Photo of the subject location Mill for a physical address) CURRENT ZONING & USE -211*fr.9.:42-Di: i,ill -L.#F:-Am,ilitj;142:1-~-1~~ - 46" P Located in L (Lodge), with a Planned Ihclilld#1&~ 3 -- Unit Development Overlay. -~188//914/7.ill PROPOSED LAND USE: The proposal is for a new single family -42~~.,~~~*,~.3.:.*,Â·<~' -54â€¢0 residence on a vacant lot. 222*/IR.I . 0&#1!4#201e 12:24 4 P2 - I LAND USE REQUESTS AND REVIEW PROCEDURES: The Applicant is requesting three (3) land use approvals from the Planning and Zoning Commission (hereinafter P&Z): Planning and Zoning â€¢ 8040 Greenline Review pursuant to Land Use Code Section 26.435.030 (The P&Z is the final review authority, who shall by resolution approve, approve with conditions, or disapprove a development application). â€¢ Residential Design Standards Variance for Building Orientation pursuant to Land Use Code Section 26.410.020.D(2) (The P&Z is the final review authority, who shall by resolution approve, approve with conditions, or disapprove a development application). â€¢ Residential Design Standards Variance for Build-to Lines pursuant to Land Use Code Section 26.410.020.D(2) (The P&Z is the final review authority, who shall by resolution approve, approve with conditions, or disapprove a development application). BACKGROUND: The Top of Mill Subdivision/PUD (also known as the Aspen Mountain PUD, Lot 3) was approved in 2002 under Ordinance No. 7. The Aspen Mountain PUD contains two lots: and Lot 5 which includes the Hyatt Grand Aspen, and Lot 3 which includes Top of Mill and the subject property. Prior to this application, Parcel 5 received approvals for 8040 Greenline Review and Residential Design Standards variances under Planning and Zoning Resolution No. 18, Series of 2008: However, the owners were ultimately not satisfied with the house design submitted with the building permit and have redesigned the home. Community Development reviewed the revised drawings and determined that the changes were substantial enough to require another Planning and Zoning Review. PROJECT SUMMARY: The subject property is one of the few remaining vacant lots in the Top of Mill Subdivision. The 10,806 square foot lot allows for the construction of a detached single family residence not to exceed 5,200 square feet in floor area. The proposed home will contain approximately 5,163 square feet of floor area, which is inclusive of a 460 square foot ADU. In comparison to the previous development plan that was approved in 2008, the floor area for the proposed home has remained the same while there is a minimal difference in ADU size. The subject property rests within the recognized area for 8040 Greenline Review, an Environmentally Sensitive Area (ESA). Development within this area must be reviewed to ensure that there will be no detrimental effects to Aspen's environment. Top of Mill Parcel 5 is accessed via a private road, Top of Mill Street. This is a curvilinear street that forms a turn-around loop before reconnecting with South Mill Street (see Figure 1 and 2 below). The subject property sits on the outer ring of this loop and is experiencing a difficulty of meeting the Building Orientation requirement of the Residential Design Standards (RDS). The structure could either orient itself parallel to the tangent of the curve's midpoint (as the ' The variances granted were for Building Orientation and Build-to Lines 2 P3 requirement requests), or orient itself more in line with the building envelopes. The applicant has chosen the latter. and therefore requires a Building Orientation variance. , , 111- I .1-- i Â· $ e. : . 11'4 . ht. ( 1 1 -L-1.4 4 A~ 1 1 191-'F# FT -=t. -><â€¢A .. 6 1 -- 4 11 - Tle 1 -11 -1 7- --. y- ~ --D, 4. , , 965/- -Â£'*i'/d'F 'i-~.Â«51 44.1 ~ 4980752./. - . 1 - . 1 - 40~2=6~ Figure 1: Curvilinear street in front of subject property The second variance from RDS being requested is for Build-to Lines. This requirement demands that residential projects locate at least 60% of their front faQade within 5 feet of the front yard setback (a building envelope boundary is the basis for measurement for Parcel 5). The recorded envelope for the property is not rectilinear and portions of the street facing boundary are curved. Approximately 22' of the envelope directly abuts the street. The remaining portion of the street- facing envelope jogs to the south due to an access easement that encumbers Parcel 5 and Parcel 4. The current proposal has 0% of its front faGade within this area. The Applicant has stated that there is no reasonable solution to meet this RDS requirement, therefore a variance is being requested. STAFF COMMENTS: 8040 GREENLINE REVIEW: The property, as set forth in Ordinance No. 7, Series of 2002, must obtain 8040 Greenline Review prior to applying for a building permit. The ordinance granted approval for the subdivision' s compliance with nine of the eleven 8040 Greenline Requirements for parcels 4 - 8. Requirement 3 (Air Quality) and requirement 7 (Mountain Character) must receive approval by the Planning and Zoning Commission for compliance. Air OualitÂ¥: This requirement seeks to assure that no development within the ESA will degrade air quality within the city of Aspen. Although the Applicant is requesting RDS variances, there is not a request for dimensional variances that would increase its burden on the environment. As part of a building permit application, the Applicant will be required to submit multiple documents that outline the control procedures for excavation, fugitive dust and construction management. The Subdivision/PUD Agreement for Top of Mill Subdivion/PUD states the following: 3 P4 6 . 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 woodburning stove/fireplace regulations in effect at the time of issuance of the applicable building permit. This parameter provides an adequate control mechanism to ensure proper monitoring of air quality on the subject property during construction. Staff finds that the applicant satisfies the review standard for this criterion. Mountain Character: This requirement encourages design that respects the mountain characteristics in regards to height and bulk. The proposed single-family residence adheres to the dimensional requirements for the Top of Mill Subdivision/PUD, including the maximum height of 28 feet. The design of the home also incorporates strategies that help break up the mass and scale. These features include varying roof heights, roof forms, and an array of building materials. As mentioned previously, Parcel 5 is one of two remaining lots in Top of Mill Subdivision that are either vacant or do not have a completed residence. When examining the existing character, height, and bulk of the neighboring properties, the proposed house is in the same vein of design. Staff finds that the applicant satisfies the review standard for this criterion. RESIDENTIAL DESIGN STANDARDS: Building Orientation: Building Orientation is best implemented and observed in residential neighborhoods with 1 a grid system or along streets with minimal curves. When a UFFI~F ,<6. 1 %37- 03*h' PUD is involved with building envelopes and private streets Et- I %41% 1 ff / Uj' ~ 1"-9 *--1 Â«7 j, such at Top of Mill St. that are curvilinear, difficulties may ZI 3 ~N>Â° 1 40 , j ' arise. For compliance, the Applicant would need to orient Yes. Yes. the proposed home so that the front favade is parallel to the tangent of the midpoint of the arc of the street. Due to the irregular shape of the lot, this requirement is difficult to 1 satisfy, and compliance may trigger other constraints for the property. The proposed designed, to its best ability attempts to parallel the building envelope lines, especially those to the east and west. Staff finds that the Applicant has made a significant effort to create a site plan that continues neighborhood context and addresses unique site specific constraints. Staff recommends approval of the Applicant request for Building Orientation variance. Build-to Lines: The Build-to Lines requirement seeks a residential pattern of development that requires front facades near the street. On parcels or lots of less than 15,000 square feet, at least 60% of the front fagade shall be within 5 feet of the minimum front yard setback line. Top of Mill Parcel 5 is encumbered with building envelopes rather than setbacks that most residential properties must meet. The building envelope for Parcel 5 places the development area a significant distance from the street, which contradicts the build-to line requirement. Additionally, the front envelope line is curvilinear in the area closest to the street and then jogs to the south where it meets the access easement. Staff does not believe the site lends itself well to this RDS requirement. The Applicant has attempted to move the residence near the street to maximize southern exposure, but the current design has zero (0%) percent of its front fagade 4 P5 within five feet of the minimum front yard setback (envelope). This would be a complete variance from the Residential Design Standard. Staff finds that this design does what it can with the constraints of the lot, and offers a site plan that does not differ much from the surrounding neighborhood. 1 V \ 1 A Â· " ki i : 1. 60 ' . 31%1 32 4. l.Â·0 ~ ~ -* *. aug $ - U. 94 -1 02 - 1 , 2, 1 k i 0 -41=- -3 , 1 1. 5 1 24/4 4- - ~ - ' 22125,fiC = -1Â·,1. - Â¢ 111-4-1 , '11 1,1 , 1111, eap--i--=#- --' - ~ ' 44**~ - 1 , "4 ' 1/ -11 2, i Mr. 0 *f =4 + 4.J i '12.03.J.. S,lams -, ... 1 . Figure 2: Site plan with envelopes REFERRAL AGENCY COMMENTS: â€¢ Parks Department - The Parks Dept. reviewed the application and . provided minimal feedback. Due to the similarity to the previous project that was approved, and the requirements that are memorialized in the PUD approvals, Parks feels that this project will meet the applicable 8040 Greenline criteria. RECOMMENDATION: In reviewing the proposal, Staff believes that the project is consistent with the goals of the AACP as well as the applicable review standards in the City Land Use Code. Staff recommends approval o f the project. RECOMMENDED MOTION (ALL MOTIONS ARE WORDED IN THE AFFIRMATIVE): "I move to approve Resolution No._, Series of 2010, approving with conditions, 8040 Greenline Review and Residential Design Standards for Building Orientation and Build-to Lines." {ATTACHMENTS ON FOLLOWING PAGE} 5 P6 ATTACHMENTS: Exhibit A - 8040 Greenline Review Criteria Exhibit B - RDS Variance Review Criteria Exhibit C - Application 6 P7 RESOLUTION NO. , SERIES OF 2010 A RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION APPROVING WITH CONDITIONS 8040 GREENLINE REVIEW AND RESIDENTIAL DESIGN STANDARDS VARIANCES FOR BUILDING ORIENTATION AND BUILD-TO LINES FOR 934 S. MILL ST., SUBDIVISION: TOP OF MILL PARCEL 5, ASPEN, COLORADO PARCEL NO. 2737-182-0212-408-801. WHEREAS, the Community Development Department received an application from Ian and Isabelle Loring, represented by Sunny Vann of Vann Associates LLC, requesting approval for 8040 Greenline Review and Residential Design Standard variances for Building Orientation and Build-to Lines; and, WHEREAS, the Applicant's property, Top of Mill Parcel 5, is located within the Lodge Zone District 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 1,2010, the Planning and Zoning Commission reviewed the application upon recommendation from the Community Development Department and approved Resolution No. _, Series of 2010, by a(- ) vote, approving "8040 Greenline Review," and variances to the Residential Design Standards for Building Orientation and Build-to Lines; 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 Aspen Planning and Zoning Commission finds that the development proposal meets 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 Aspen 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 Title 26 of the City of Aspen Municipal Code, the Planning and Zoning Commission hereby approves "8040 Greenline Review" and two variances to the Residential Design Standards for Building Orientation and Build-to Lines for Parcel 5, Top of Mill Subdivision/PUD, City of Aspen, Pitkin County, Colorado. P& Z Resolution _, Series of 2010 Page 1 of 4 P8 Section 2: Building Permit Application The building permit application shall include the following: a) A copy of the final recorded Resolution printed on the cover page of the building b) Engineered drawings for the deflection wall (as shown on PUD plat). c) If required, a drainage plan, including an erosion control plan prepared by a Colorado licensed Civil Engineer, which maintains sediment and debris on-site during and after construction. d) As applicable, an excavation stabilization plan, construction management plan (CMP), top of bank and stability of hillside plan, tree protection plan and drainage and soils reports pursuant to the Building Department's requirements. The requirement for a tree protection plan is intended to solely address any trees and their drip line areas that would be affected by construction activities, including protection (such as designated construction routes and temporary fencing) that will be necessary to minimize the impacts on existing trees from construction traffic. The CMP plan shall address traffic management, construction staging, and accurately represent proposed construction hours. e) As applicable, a fugitive dust control plan to be reviewed and approved by the Environmental Health Department. Section 3: Engineering/Drainage Building permit submission shall be compliant with all sections of the City of Aspen Municipal Code, Title 21 and all construction and excavation standards published by the Engineering Department. Section 4: Water Department Requirements The Applicant shall comply with the City of Aspen Water System Standards, with Title 25, and with the applicable standards of Title 8 (Water conservation and Plumbing Advisory Code) of the Aspen Municipal Code, as required by the City of Aspen Water Department. Section 5: Exterior Lighting All exterior lighting shall meet the requirements of the City's Outdoor Lighting Code pursuant to Land Use Code Section 26.575.150, Outdoor Lighting. Section 6: Fire Mitigation ' All codes adopted by the Aspen Fire Protection District shall be met. This includes but is not limited to access (International Fire Code (IFC), 2003 Edition, Section 503), approved fire sprinkler and fire alarm systems (IFC, as amended, Section 903 and 907). The capacity of the water utilities shall be assessed to determine if there is adequate volume for fire suppression. P& Z Resolution _, Series of 2010 Page 2 0 f 4 P9 Section 7: Vested Properly Rights The development approvals granted herein shall constitute a site-specific development plan vested for a period of three (3) years from the date of issuance of a development order. However, any failure to abide by any of the terms and conditions attendant to this approval shall result in the forfeiture of said vested property rights. Unless otherwise exempted or extended, failure to properly record all plats and agreements required to be recorded, as specified herein, within 180 days of the effective date of the development order shall also result in the forfeiture of said vested property rights and shall render the development order void within the meaning of Section 26.104.050 (Void permits). Zoning that is not part of the approved site-specific development plan shall not result in the creation of a vested property right. Section 8: 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 i f fully set forth herein, unless amended by an authorized entity. Section 9: 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 10: 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 thereo f. {Signatures on following page} P& Z Resolution _, Series of 2010 Page 3 0 f 4 Plo APPROVED BY the Planning and Zoning Commission of the City of Aspen on this 1St day ofJune, 2010. APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION: James R. True, Special Counsel Stan Gibbs, Chairman ATTEST: Jackie Lothian, Deputy City Clerk ATTACHMENTS: EXHIBIT A - Architectural elevations EXHIBIT B - Site plan (showing building envelope) P& Z Resolution _, Series of 2010 Page 4 0 f 4 Pll Exhibit A Parcel 5 Top of Mill 8040 Greenline Review Standards: See. 26.435.030.C No development shall be permitted at, above, or one hundred fifty (150) feet below the 8040 greenline unless the Planning and Zoning Commission makes a determination that the proposed development complies with all requirements set forth below (all 8040 requirement other than 3 and 7 were satisfied with the PUD approvals): 33 The proposed development does not have a significant adverse affect on the air quality in the city. Staff finding: As part of a building permit application, the Applicant will be required to submit multiple documents that outline the control procedures for excavation, fugitive dust and construction management. The Subdivision/PUD Agreement for Top of Mill Subdivion/PUD states the following: 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. This parameter provides an adequate control mechanism to ensure proper monitoring of air quality on the subj ect property during construction. Staff finds this criterion met. T) Building height and bulk will be minimized and the structure will be designed to blend into the open character of the mountain. Staff finding: The proposed single-family residence adheres to the dimensional requirements for the Top of Mill Subdivision/PUD, including the maximum height of 28 feet. The design of the home also incorporates strategies that help break up the mass and scale. These features include varying roof heights, roof forms, and an array of building materials. As mentioned previously, Parcel 5 is one of two remaining lots in Top of Mill Subdivision that are either vacant or do not have a completed residence. When examining the existing character, height, and bulk of the neighboring properties, the proposed house is in the same vein of design. Staff finds this criterion met. P12 Exhibit B Parcel 5 Top of Mill Residential Design Standard Variance: Sec. 26.410.020(D.2) An applicant who desires a variance from the Residential Design Standards shall demonstrate, and the deciding board shall find that the variance, if granted, would: a. Provide an appropriate design or pattern of development considering the context in which the development is proposed and purpose 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 the exception is warranted; or. Staff finding - Building Orientation: For compliance to this standard, the Applicant would need to orient the proposed home so that the front faGade is parallel to the tangent of the midpoint of the are of the street. Due to the irregular shape of the lot, this requirement is difficult to satisfy, and compliance may trigger other constraints for the property. The proposed designed, to its best ability attempts to parallel the building envelope lines, especially those to the east and west. Staff finds that the Applicant has made a significant effort to create a site plan that continues neighborhood context and addresses unique site specific constraints. Staff finds this criterion met. Staff finding - Build-to Lines: Top of Mill Parcel 5 is encumbered with building envelopes rather than setbacks that most residential properties must meet. The building envelope for Parcel 5 places the development area a significant distance from the street, which contradicts the build-to line requirement. Additionally, the front envelope line is curvilinear in the area closest to the street and then jogs to the south where it meets the access easement. Staff does not believe the site lends itself well to this RDS requirement. The Applicant has attempted to move the residence near the street to maximize southern exposure, but the current design has zero (0%) percent of its front fagade within five feet of the minimum front yard setback (envelope). Staff finds that this design does what it can with the constraints of the lot, and offers a site plan that does not differ much from the surrounding neighborhood. Staff finds this criterion met. b. Be clearly necessary for reasons offairness related to unusual site-specific constraints. Staff finding - Building Orientation: Staff agrees that the Applicant has a difficult lot for meeting all of the Residential Design Standards. The aggressively curved street in front of the development area and odd-shaped building envelope do not lend themselves well to Building Orientation. The Applicant has attempted to design the home parallel to the majority of the building envelopes. This is an appropriate response to the subject lot and Staff finds this criterion met. Staff finding - Build-to Lines: Top of Mill Parcel 5 is encumbered with building envelopes rather than setbacks that most residential properties must meet. The building envelope for Parcel 5 places the development area a significant distance from the street, P13 .4 - which contradicts the build-to line requirement. Additionally, the front envelope line is curvilinear in the area closest to the street and then jogs to the south where it meets the access easement. Staff does not believe the site lends itself well to this RDS requirement. The Applicant has attempted to move the residence near the street to maximize southern exposure, but the current design has zero (0%) percent of its front favade within five feet of the minimum front yard setback (envelope). Staff finds that this design does what it can with the constraints of the lot, and offers a site plan that does not differ much from the surrounding neighborhood. Staff finds this criterion met. CITY OF ASPEN Permit Receipt RECEIPT NUMBER 00027362 Account Number: 28042 Date: 4/9/2010 Applicant: IAN & ISABELLE LORING Type: check # 1083 Permit Number Fee Description Amount 0014.2010.ASLU Aspen Land Use App Fees 1,470.00 0014.2010.ASLU Aspen Parks Referral 212.00 Total: $1,682.00 92Â» Â» le{4(0 *10 1"1-4 Sero Vi A 9.-,N+J . ATTACHMENT 7 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: 934 4 -H/LL , Aspen, CO SCHEDULED PUBLIC HEARING DATE: J owE 1 , 209-0 STATE OF COLORADO ) ) SS. County of Pitkin ) I. ApoUAH v.,44Â£1 (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) of the Aspen Land Use Code in the following manner: Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen at least fifteen (15) days prior to the public hearing. A copy of the publication is attached hereto. Posting of notice: By posting of notice, which form was obtained from the Community Development Department, which was made of suitable, waterproof materials, which was not less than twenty-two (22) inches wide and twenty-six (26) inches high, and which was composed of letters not less than one inch in height. Said notice was posted at least 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 11#aring. A photograph Of the posted notice (sign) is attached hereto. V Mailing of notice. By the mailing o f 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 any federal agency, state, county, municipal government, school, service district or other governmental or quasi-governmental agency that owns property within three hundred (300) feet of the property subject to the development application. The names and addresses of property owners shall be those on the current tax records of Pitkin County as they appeared no more than sixty (60) days prior to the date of the public hearing. A copy of the owners and governmental agencies so noticed is attached hereto. (continued on next page) -- Rezoning or text amendment. Whenever the official zoning district map is in any way to be changed or amended incidental to or as part of a general revision o f this Title, or whenever the text of this Title is to be amended, whether such revision be made by repeal o f this Title and enactment of a new land use regulation. or otherwise, the requirement of an accurate survey map or other sufficient legal description of, and the notice to and listing of names and addresses o f owners of real property in the area of the proposed change shall be waived. However, the proposed zoning map has been available for public inspection in the planning agency during alI business hours for fifteen (15) days prior to the public hearing on such amendindA- The foregoing "Affidavit ofNotice" was acknowledged before me this / day of <~-c) r? r/ , 2002.,by 67/W /li v l/A-,ak-/1 Â©4011'111111/11/44, WITNESS MY HAND AND OFFICIAL SEAL 49 +IA AM,114:'*4 .:.* % ~y commission expires- 6 -9Â·-20/0 AOTARY E & j Z (1 0.-0-00 PUBLIC j O 2 Ld<Iotary Public 44//4////lilli\\\\\0\73 4 OF COÂ¢.1, ATTACHMENTS: COPY OF THE PUBLICATION PHOTOGRAPH OF THE POSTED NOTICE (SIGN) LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED BY MAIL 1,11'lili./ 3 1 PUBLIC NOTICE RE: PARCEL 5 TOP OF MILL PUD; 8040 GREENLINE REVIEW AND RESIDENTIAL DESIGN VARIANCES FOR BUILDING ORIENTATION AND BUILD- TO LINES. NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, June 11 2010 at a meeting to begin at 4:30 p.m. before the Planning and Zoning Commission, Sister Cities, City Hall, 130 S. Galena St., Aspen, to consider an application requesting 8040 Greenline Review and Residential Design Standards variances for a single family residence planned for Parcel 5 of the Top of Mill Subdivision/PUD. The variances requested are for Building Orientation and Build- to Lines. The application was submitted by Vann Associates, LLC, 230 East Hopkins Avenue, Aspen, CO 81611, on behalf of Ian and Isabelle Loring. The subject property under review is legally described as Subdivision: Top of Mill Parcel 5. The lot is vacant, but 934 S. Mill has been selected for the property's address. The parcel number for the subject property is 273718202205. For further information, contact Drew Alexander at the City of Aspen Community Development Department, 130 S. Galena St., Aspen CO 81611, (970) 429-2739, drew. alexander@ci.aspen.co.us s/Stan Gibbs Planning and Zoning Chair Published in the Aspen Times on May 168,2010 City of Aspen Account Easy PeelÂ® Labels | A I Bend along line to i Use AveryÂ® Template 5160Â® ' Feed Paper expose Pop.Up Edgeâ„¢ ~ AVERYÂ® 5160Â® 2 A 5TH AVE 106 LLC 911 SOUTH MILL ST LLC ASPEN SHAW PROPERTIES LLC CO CRAIG COHN C/O FRIAS PROP TOMC PO BOX 61347 PO BOX 394 730 E DURANT DENVER, CO 80206 VAIL, CO 81658 ASPEN, CO 81611 ASPEN SKIING COMPANY LLC ASPENITALL LLC BENNETT WOOD INTERESTS LTD PO BOX 1248 3755 NE 214TH ST PO DRAWER 1011 ASPEN, CO 81612 AVENTURA, FL 33180 REFUGIO, TX 78377 BORNEMAN BRADLEY A BLEILER JUDITH A BRIDGE TIM LOUGHEAD EDWARD PO BOX 10220 303 BROADWAY # 104-126 PO BOX 552 ASPEN, CO 81612 LAGUNA BEACH, CA 92691 BOYERTOWN, PA 19512 CADER ANDREW CANAS HUGO CHILDS INVESTMENT COMPANY C/O STIRLING HOMES 922 S MILL ST #2B 0284 CR 102 600 E MAIN ST #102 w ASPEN, CO 81611 CARBONDALE, CO 81623 ASPEN, CO 81611 . T ., CITY OF ASPEN CJW ASPEN LLC DESTINATION HOLDINGS FIFTH AVE LLC ATTN FINANCE DEPT 2572 NE MILDRED ST 333 RIVER VALLEY RANCH DR 130 S GALENA ST JENSEN BEACH, FL 34957 CARBONDALE, CO 81623 ASPEN, CO 81611 r FALRIDGE LTD ELLERSTEIN DAVID FAGIEN DEBRA C/O OATES KNEZEVICH & PO BOX 552 18620 LONG LAKE DR GARDENSWARTZ BOYERTOWN, PA 19512 BOCA RATON, FL 33496 533 E HOPKINS AVE ASPEN, CO 81611 FINKLE ARTHUR A & AMELIA FORT BERNARDO & LAURINDA SPEAR FREEDMAN MICHAEL W & NANCI 2100 PONCE DELEON BLVD #901 3315 DEVON CT 32460 EVERGREEN RD CORAL GABLES, FL 33134 COCONUT GROVE, FL 33133 FRANKLIN, MI 48025 GOERES NANCY GUEST KELLEY & CATHERINE HIBBERD LORNA W FAMILY TRUST 826 SAVANNAH AVE PO BOX 5578 PINE ISLAND PITTSBURGH, PA 15221 CARMEL, CA 93921 RYE, NY 10580 IMESON PATRICK IRVINE JOHN ALASTAIR JP INTERESTS LLC BARRENA VICTORIA CP 2097 140 RUA ALVA C/O LOCKE LIDDELL & SAPP LLP PO BOX 2720 PARQUE ATLANTICO QUINTA DO LAGO 301 COMMERCE ST STE 3300 ASPEN, CO 81612 ALMANCIL 8135-024, PORTUGAL FORT WORTH, TX 76102 LLOYD DAVID ASSOC LKGCO LLC M & W LLC ' CAVALIERS CT 2100 WOODSTOCK RD 3092 EDISON CT OXSHOTT ROAD LEATHERHEAD GATES MILLS, OH 44040 BOULDER, CO 80301 SURREY ENGLAND, KT220BZ ttiquettes faciles & peler j A Repliez & la hachure afin de I www.avery.com 1 Sens de Utilisez le gabarit AVERYÂ® 5160Â® J chargement r*v*ler le rebord Pop-Upâ„¢ J 1-800-GO-AVERY 1 Easy PeelÂ® Labels i A I Bend along line to | Use AveryÂ® Template 5160Â® ' Feed Paper expose Pop-Up Edge~M ~ AVERYÂ® 5160Â® ~ A MAYER ROBERT G MCVICKER JULIET MEHRA RAMESH TRUSTEE 350 SE 28TH AVE PO BOX 567 3115 WHITE EAGLE DR POMPANO BEACH, FL 33062 MIDDLEDURY, VT 05753 NAPERVILLE, IL 60564 NAKAGWA MICHAEL F MOSTELLER DAVID MURCHISON ANNE A TRUST AGUILERA DENINE 2601 S QUEBEC ST #6 PO BOX 8968 922 S MILL ST #3 (C) DENVER, CO 80231-6039 ASPEN, CO 81612 ASPEN, CO 81611 4 NEVIN KATHLEEN M PARCEL 4 TOP OF MILL LLC PARCEL 8 LLC 351 MONROE ST PO BOX 989 301 COMMERCE ST #3300 DENVER, CO 80206 COUNCIL BLUFFS, IA 51502 FORT WORTH, TX 76102 ROANOKE INVESTORS LP REARDON DIANA RUNAMOK LLC 109 CLUB CREEK CT PO BOX XX 1.647 E MAPLEWOOD AVE PO BOX 17 , ASPEN, CO 81612 CENTENNIAL, CO 80121 ST ALBANS, MO , 63073 RUTKOWSKI AMY SANS SOUCI ASPEN LLC SCHALDACH NANCY REV TRUST 922 S MILL ST #4D 10463 LA REINA RD 785 UTE COURT ASPEN, CO 81611 DEL RAY BEACH, FL 33446 ASPEN, CO 81611 SMITH CARLETON K SMITH FREDERICK P & ESTHER B SOL HOLDINGS LLC CO MCVICKER JULIET 5454 WISCONSIN AVE #1300 800 S MILL ST PO BOX 567 BETHESDA, MD 20816 ASPEN, CO 81611 MIDDLEBURY, VT 05753 SUMMIT PLACE CONDOS TCF MANAGEMENT CORP TOP 0F MILL INVESTMENTS LLC C/O PETER S HEARST 801 MARQUETTE AVE 3245 ELLA LEE LN 747 S GALENA ST ATTN PAUL BRAWNER HOUSTON, TX 77019 ASPEN, CO 81611 MINNEAPOLIS, MN 55402 TOP OF MILL MASTER ASSOC TOP OF MILL INVESTORS LLC TOP OF MILL LLC C/O FRIAS PROPERTIES PO BOX S 211 NORTH STADIUM #201 730 E DURANT ASPEN, CO 81612-7420 COLUMBIA, MO 65203 ASPEN, CO 81611 TOP OF MILL TH HOA TYLER SANDRA SCOTT TRUST VELMAR A COLORADO CORP 1000 S MILL ST 2190 ALISOS DR 400 E MAIN ST ASPEN, CO 81611-3800 SANTA BARBARA, CA 93108 ASPEN, CO 81611 WAPITI RUNNING LLC , WEISS AUSTIN R & REBECCA L WENDROW NADENE 50% PO BOX 1003 922 S MILL ST #1 (A) 425 N FEDERAL HWY ASPEN, CO 81612 ASPEN, CO 81611 HALLANDALE, FL 33009 Etiquettes faciles & peler 1 Repliez A la hachure afin de 1 www.avery.com 2 Sens de Utilisez le gabarit AVERYÂ® 5160Â® chargement ravaler le rebord Pop-Upâ„¢ J 1-800-GO-AVERY 1 Easy PeelÂ® Labels | A I Bend along line to i ~ AVERYÂ® 5160Â® | Use AveryÂ® Template 5160Â® ~ Feed Paper expose Pop-Up EdgeTM A ZUCKER HOWARD B & DEBRA L 107 S MCINTYRE WAY GOLDEN, CO 80401 ttiquettes faciles & peler 1 Repliez & la hachure afin de 1 www.avery. com j Utilisez le gabarit AVERYÂ® 5160Â® Sens de i chargement r*v*ler le rebord Pop-Upâ„¢ 1 1-800-GO-AVERY A ATTACHMENT 7 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: ~* 3Â·MiLL , Aspen, CO 1 â‚¬ 1' SCHEDULED PUBLIC HEARING DATE: JURE I . 20<ZE STATE OF COLORADO ) ) SS. County of Pitkin ) 1, ~ DO IEÂ·Â· ~-LAq I Al&1 (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 (IE) of the Aspen Land Use Code in the following manner: Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen at least fifteen (15) days prior to the public hearing. A copy of the publication is attached hereto. 4 Posting of notice: By posting of notice, which form was obtained from the Community Development Department, which was made o f suitable, waterproof materials, which was not tess 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 j'Cday of 1-4AH , 20.12.-, to and including the date and time of the public hear\ng. A photograph of the posted notice (sign) is attached hereto. ....r ..=*-6 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 any federal agency, state, county, municipal government, school, service district or other governmental or quasi-governmental agency that owns property within three hundred (300) feet of the property subject to the development application. The names and addresses of property owners shall be those on the current tax records of Pitkin County as they appeared no more than sixty (60) days prior to the date of the public hearing. A copy of the owners and governmental agencies so noticed is attached hereto. (continued on next page) Rezoning or text amendment. Whenever the official zoning district map is in any way to be changed or amended incidental to or as part of a general revision of this Title, or whenever the text o f this Title is to be amended, whether such revision be made by repeal o f this Title and enactment of a new land use regulation, or otherwise, the requirement o f an accurate survey map or other sufficient legal description of, and the notice to and listing of names and addresses of owners of real properly in the area of the proposed change shall be waived. However, the proposed zoning map has been available for public inspection in the planning agency during all business hours for fifteen (15) days prior to the public hearing on such amendments. (.9 06 irlf<Â»-1 Sig+ure 5/ The foregoing "Affidavit of Notice" was acknowledged before me this P-1 day of F/Acul ~ , 200.LE, by 2924 i e . F7 e. \A ht 0,1 WITNESS MY HAND AND OFFICIAL SEAL ,#f~VN~54~ 9 :.O My commission expirerÂ«fl flle / 6,16 . i REBECCA i ~Ut-02-_4--Â·2 -~1-~__9 i PASCHAL i Notary Public 5-\-ckle 0â‚¬ OIl o Cric L b , ColuRL.3 0-4 Pt<\- loh ATTACHMENTS: COPY OF THE PUBLICATION PHOTOGRAPH OF THE POSTED NOTICE (SIGN) LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED BY MAIL 0 4 ' PI L *~~ - 6 2, '6 2 ' ' .*.'L'j'i' a. 90. -4 .-= I - e Â¥ I I .... , . 42 4 -' 120:22'417 /:175 4/4 ' 3 32 - ..ty * 4 /2/* .. 0* . * t'. 4 . 9 4%~ - A 26 4 K ' ./ .4 dE@ 'J Â«4 *Ela 9 -. 43Â», : . ~M.l. v ./ Y- -7.46 : 2- t 'k~.-01~1 40 e . e a. i le , * J #*' .B .2 i *4:14 . 'S..Â·U'23 Â·;40 .7:4-j â€ž,AIL:,u. . 3 . 30'42 0 0...... I.* r :Ule. : ... * (($?(34;14&*iti j.# 8 Â»i: 05 i Â·1* 1.41 2%4 -:, >6 2-2/~0212*Â· - '.902 :2 4. . I *" 11' ~ *** ~* Ptit 1!~:~1>*24' , . j. I. 1 ...allk. 9 4- : 1 6 - -44>&%Â» - -1- 4 -28114# ..m' 9 7: I 94 1Â» * '74. 4 7 404. 44 j :. ~ ~ 492333 0.>< j;4 1,1.,PLQi â‚¬'*1:Â®*f S J <3>efut?44*14 Te- Â£ 7 j . 4 f ./ L. e 1Â«Â».> I# 42* . *ta-/2, 4- 1:J f 12;4Â¥4**Râ‚¬i~24 7.~* 1. 4 -211 2$#F'M%Wir-*0itr.2 +99.at#2143*174Z~~~*24 1 077< ar v:u > 0 -442 2 ~ 7. u '4%.,~ * *.t-A $.FO=#0-0,yIN . 6,=14'GfI~ ilt'Ii.4/~~.,:./ *p. r. 2.6 Â¥,Â»Â» - ; ., , e 71 ...te,yÂ» ellt r *i-I ,A - - --C- , Q -4-r.'AS---'.=-Z=*Syr..~4?"'~*9Â·*- 2 - 4.litif7954 *~U ~:V. * I.... tri 0 - . I.: I' 'F I ' -Â·J ./<0~ 5fr 8- , - 4-,.4* ~44*OF+Yr r. Â· * t . ./, 4 1&22 * 4 -t 14 + . .1 ..0 4 - AU .FE 1, r >-t. 3,~,Â£92;L:=224-4 , & 0. ,-- B -ttE=1- -2.4 4 Â«~ <*%'LA * .-* :~ ./16"'S-+..# - i A liwill'lill'llinall'll/Vill1Â·kit<*xE *IM//fic#2 1- 1/7 ~-:-" \4 * AiL Â£2' 4â€ž.m.â€ž.~GLA__ 14 : . . ..1 4 - 6 4 - I 4 2 11. % %.. 4 h. p 4*.':61 f 4 t. 21 .4.. 6,4 VF '~ 27,-TR~"Vr-ll. ~~,4;~P: f 3# ., Ir -91~~ * ' I e . J 5-1- 392#far )Â· . I -p-*iÂ¥4- - , I --T. 544â‚¬tls -t- -2.4- I - . 1'-5 , I .*,f~Ii,11~16 :2-:11 - -3 2 n: -.-3 eti~:,Â·mt .Draâ€¢ - 1 ... PO i . UY#Fli;â€¢ 3 X - 97Â¢02 tittiftimtifilii s .' IC ./ . I. I- 6/Â£/Ilk 0 JQFA- 1 #. ;a - vist.14,6-* -3 141*id'~ -- .Â»3.:~%9--t-.3-,f 7~~.f~ ~ ~ .1,1 - Â« -Â«213 24 - ft AN:,3~.- 49 Â· i:~-f''t.49.-2.?,3 76.*4. 1 2,4 ~ficf Stlit11*N - i Â·9 6.' 1-4--70 72Â·ty 8%2*i** 440 -Pke . .1..2=9*.A,-0..4 ...ts :-4. -4.mk- 4 .r , e -f&- 6: f. â€¢-,6~Â£4 91:il 4,3 -F D Â·; 15'22:1- ;â€¢ref kNL-4.8 . 7 + .I 1Â· 1. Ji:*gric@" . li Afl y#*4114Â£.-- *. - vi/9*Vt * r .,p. K:,3: }plt 74 , a II *.... 14 . â‚¬2 ' D.- = 1 9 5.0 1 jr 1 17 .1 * g I: C. = t 1.e .4 41: ..tÂ¥'T .<A ./.Â· - liÂ·Â·Â· '.:= 1 -)/t ... i Â· t nt 4 2,Â» I I /:sE Â¢41:do * â€¢â€¢ '*4. 9-4 , ..4 - 514: . 5. 42 * 1-4..1 1 9 11 1 *1 1 1 J, 4 3;On AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY- 934 s . Hill - lof OF Hil j , Aspen, CO SCHEDULED PUBLIC HEARING DATE: STATE OF COLORADO ) ) SS. County of Pitkin ) I. -AÂ·n_1 el a LE af Â»-1 (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) o f the Aspen Land Use Code in the following manner: Â£- 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 ofnotice. 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 l (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 ofthe property subj ect to the development application. The names and addresses of < property owners shall be those on the current tax records of Pitkin County as they L 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) & 4 Mineral Estate Owner 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 o f this Title, or whenever the text o f this Title is to be amended, whether such revision be made by repeal o f this Title and enactment of a new land use regulation, or otherwise, the requirement of an accurate survey map or other sufficient legal description of, and the notice to and listing of names and addresses o f owners o f real property in the area of 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. 1 Signatur/ The foregoing "Affidavit ofNotice" was acknowledged before me this /7aay - o f /1 007 4/5440#ha AnÂ°FtÂ« 5324â‚¬-Â£1 0. el (/ t'Nt,1 ) 9 WITNESS MY HAND AND OFFICIAL SEAL 1ke: 't,4.62~kg:'h' My commission expir s: gothry Public ATTACHMENTS AS APPLICABLE: â€¢ COPY OF THE PUBLICATION â€¢ â€¢ PHOTOGRAPH OF THE POSTED NOTICE (SIGN) ' â€¢ LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED 1 BY MAIL â€¢ APPLICANT CERTIFICATION OF MINERAL ESTAE OWNERS NOTICE AS REQUIRED BY C.R.S. Â§24-65.5-103.3 L Sunday, M PUBLIC NOTICE RE: PARCEL 5 -OP OF MILL PUD; 8040 ~ GREENLINE REVAEW AND RESIDENTIAL DESIGN VARIANCES FOR BUILDING ORIENTATION AND BUILD-TO LINES. NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, June 1 st, 2010 at a meet- ing to begin at 4:30 p.m. before the Planning and Zoning Commission, Sister Cities. City Hall. 130 S. Galena St., Aspen. to consider an application re- questing 8040 Greentine Review and Residential Design Standards variances for a single family residence planned for Parcel 5 of the Top of Mill Subdivision/PUD. The vanances requested are for Building Orientation and Build-to Lines. The appli- cation was submitted by Vann Associates, LLC, 230 East Hopkins Avenue. Aspen. CO 81611.on behalf of lan and Isabelle Loring. The subject property under review is legally described as Sub- division: Top of Mill Parcel 5. The lot is vacant, but 934 S, Mill has been selected for the property's ad- dress. The parcel number for the subject properly is 273718202205. For further information, contact Drew Alexander at the City of Aspen Community Development De- partment, 130 S. Galena St. Aspen CO 81611, (970) 429-2739. drew.alexandefeci,asoen.co,us 1 *Stan Gil** Plare,ng and Zoning Chair Published in the Aspen 714â€¢Â·x Weekly on May 16th, 2010. [5020088] 4 MEMORANDUM J YA TC): Aspen Planning and Zoning Commission THRU: Jennifer Phelan. Community Development Deputy Directo((~~> FROM: Drew Alexander, Interim Zoning Officer ID A, RE: Parcel 5 Top of Mill Subdivision/PUD - 8040 Greenline Review and Residential Design Standards Variances for Building Orientation and Build-to Lines- Resolution No. _, Series 2010 - Public Hearing MEETING DATE: June 11 2010 APPLICANT /OWNER: STAFF RECOMMENDATION: lan and Isabelle Loring, 5 Polo Field Staff recommends the Planning and Zoning Lane. Dedham, MA 02026 Commission approve the project. REPRESENTArIVE: SUMMARY: Vann Associates, LLC, 230 E. Hopkins The Applicant requests of the Planning and Avenue, Aspen. CO 81611 Zoning Commission approval of 8040 Greenline and Residential Design Standards variances for LOCATION: Building Orientation and Build-to Lines. Subdivision: Top of Mill Parcel 5 (previous building permit granted 934 S. Photo of the subject location Mill for a physical address) -11 CURRENT ZONING & USE Located in L (Lodge), with a Planned 1( ~.~2;*#iÂ¥Â·'471 ,Â·Â·~ i..,.,3+i:Â·.: m 1.1 . Unit Development Overlay. PROPOSED LAND USE: .â€¢ The proposal is for a new single family + ii>. -Â· residence on a vacant lot. . 70.- M/~4/2010 12:24 / LAND USE REQUESTS AND REVIEW PROCEDURES: The Applicant is requesting three (3) land use approvals from the Planning and Zoning Commission (hereinafter P&Z): Planning and Zoning â€¢ 8040 Greenline Review pursuant to Land tjse Code Section 26.435.030 (The P&Z is the final review authority, who shall by resolution approve, approve with conditions, or disapprove a development application). â€¢ Residential Design Standards Variance for Building Orientation pursuant to Land Use Code Section 26.410.020.D(2) (The P&Z is the final review authority, who shall by resolution approve, approve with conditions, or disapprove a development application). â€¢ Residential Design Standards Variance for Build-to Lines pursuant to Land Use Code Section 26.410.020.D(2) (The P&Z is the final review authority, who shall by resolution approve, approve with conditions, or disapprove a development application). BACKGROUND: The Top of Mill Subdivision/PUD (also known as the Aspen Mountain PUD, Lot 3) was approved in 2002 under Ordinance No. 7. The Aspen Mountain PUD contains two lots: and Lot 5 which includes the Hyatt Grand Aspen, and Lot 3 which includes lop of Mill and the subject property. Prior to this application, Parcel 5 received approvals for 8040 Greenline Review and Residential Design Standards variances under Planning and Zoning Resolution No. 18, Series of 2008: However, the owners were ultimately not satisfied with the house design submitted with the building permit and have redesigned the home. Community Development reviewed the revised drawings and determined that the changes were substantial enough to require another Planning and Zoning Review. PROJECT SUMMARY: The subject property is one of the few remaining vacant lots in the Top of Mill Subdivision. The 10,806 square foot lot allows for the construction of a detached single family residence not to exceed 5,200 square feet in floor area. The proposed home will contain approximately 5,163 square feet of floor area, which is inclusive of a 460 square foot ADU. In comparison to the previous development plan that was approved in 2008, the floor area for the proposed home has remained the same while there is a minimal difference in ADU size. 1 he subject property rests within the recognized area for 8040 Greenline Review, an Environmentally Sensitive Area (ESA). Development within this area must be reviewed to ensure that there will be no detrimental effects to Aspen's environment. Top of Mill Parcel 5 is accessed via a private road, Top of Mill Street. This is a curvilinear street that forms a turn-around loop before reconnecting with South Mill Street (see Figure 1 and 2 below). The subject property sits on the outer ring of this loop and is experiencing a difficulty of meeting the Building Orientation requirement of the Residential Design Standards (RDS). The structure could either orient itself parallel to the tangent o f the curve' s midpoint (as the ' The variances granted were for Building Orientation and Build-to Lines 2 requirement requests), or orient itself more in line with the building envelopes. The applicant has chosen the latter, and therefore requires a Building Orientation variance. . ---1 1.. & - 9-93 . i.- 5.2-ttfUL --.... ./ J - a T: ~~ ~~~<-1- a i. -/i ./- I I.> 1..- ~ Figure 1: Curvilinear street in front of subject property The second variance from RDS being requested is for Build-to Lines. This requirement demands that residential projects locate at least 60% of their front fagade within 5 feet of the front yard setback (a building envelope boundary is the basis for measurement for Parcel 5). The recorded envelope for the property is not rectilinear and portions of the street facing boundary are curved. Approximately 22' ofthe envelope directly abuts the street. The remaining portion of the street- facing envelope jogs to the south due to an access easement that encumbers Parcel 5 and Parcel 4. The current proposal has 0% of its front fa~ade within this area. The Applicant has stated that there is no reasonable solution to meet this RDS requirement, therefore a variance is being requested. STAFF COMMENTS: 8040 GREENLINE REVIEW: The property, as set forth in Ordinance No. 7, Series of 2002, must obtain 8040 Greenline Review prior to applying for a building permit. The ordinance granted approval for the subdivision's compliance with nine of the eleven 8040 Greenline Requirements for parcels 4 - 8. Requirement 3 (Air Quality) and requirement 7 (Mountain Character) must receive approval by the Planning and Zoning Commission for compliance. Air OualitÂ¥: This requirement seeks to assure that no development within the ESA will degrade air quality within the city of Aspen. Although the Applicant is requesting RDS variances, there is not a request for dimensional variances that would increase its burden on the environment. As part of a building permit application, the Applicant will be required to submit multiple documents that outline the control procedures for excavation, fugitive dust and construction management. The Subdivision/PUD Agreement for Top of Mill Subdivion/PUD states the following: 3 Air Quality: During all construction activities on I op 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 woodburning stove/fireplace regulations in effect at the time of issuance of the applicable building permit. This parameter provides an adequate control mechanism to ensure proper monitoring of air quality on the subject property during construction. Staff finds that the applicant satisfies the review standard for this criterion. Mountain Character: This requirement encourages design that respects the mountain characteristics in regards to height and bulk. The proposed single-family residence adheres to the dimensional requirements for the Top of Mill Subdivision/PUD, including the maximum height of 28 feet. The design of the home also incorporates strategies that help break up the mass and scale. These features include varying roof heights, roof forms, and an array of building materials. As mentioned previously, Parcel 5 is one of two remaining lots in Top of Mill Subdivision that are either vacant or do not have a completed residence. When examining the existing character, height, and bulk of the neighboring properties, the proposed house is in the same vein of design. Staff finds that the applicant satisfies the review standard for this criterion. RESIDENTIAL DESIGN STANDARDS: Building Orientation: Building Orientation is best 2-KNI~Ilsey~tee~ntflaYDRegr~ter~2:1 12*de2Wi~21iVADIC:Â°tatill ~ E-â€ž---â€ž1 i Â»r-, - ~ B 7- PUD is involved with building envelopes and private streets ~ ~OU, 4424>' ty / such at Top of Mill St. that are curvilinear, difficulties may < ri If- ~ ~ov 1 47 /0, J arise. For compliance, the Applicant would need to orient Yes. Yes. / the proposed home so that the front fa~ade is parallel to the tangent of the midpoint of the arc of the street. Due to the irregular shape of the lot, this requirement is difficult to Ni satisfy, and compliance may trigger other constraints for the property. The proposed designed, to its best ability attempts to parallel the building envelope lines, especially those to the east and west. Staff finds that the Applicant has made a significant effort to create a site plan that continues neighborhood context and addresses unique site specific constraints. Staff recommends approval of the Applicant request for Building Orientation variance. Build-to Lines: The Build-to Lines requirement seeks a residential pattern of development that requires front facades near the street. On parcels or lots of less than 15,000 square feet, at least 60% of the front fagade shall be within 5 feet of the minimum front yard setback line. 1 op of Mill Parcel 5 is encumbered with building envelopes rather than setbacks that most residential properties must meet. The building envelope for Parcel 5 places the development area a significant distance from the street, which contradicts the build-to line requirement. Additionally, the front envelope line is curvilinear in the area closest to the street and then jogs to the south where it meets the access easement. Staff does not believe the site lends itself well to this RDS requirement. The Applicant has attempted to move the residence near the street to maximize southern exposure, but the current design has zero (08/6) percent of its front fagade 4 within five feet of the minimum front yard setback (envelope). This would be a complete variance from the Residential Design Standard. Staff finds that this design does what it can with the constraints of the lot, and offers a site plan that does not differ much from the surrounding neighborhood. ~ 1.1.1: .4-~0Â«25 2 \ -- 2 -.- â„¢-92 2 /1 1 2 \=1- 114 1 9 1 I. \ .4..X -~ 7 Â·. 4-41/ Whi R>P./.4 ErÂ· - ----30lyÂ»---. i |pt~r - 9- --Â·-rn-ubm6rt-\ 1 iiiÂ£#Ethr- TA' 1 1- 0 *us' 1- 1/1 E. -/ - *:9.*fl- 11 11 Â· ~ 104 -/. I. 1 i 1 - /- I 7r_r~~~4*1 9 , 1./0/I 1 *AE..1 CMâ€¢+PEr)itht,*b 4 + *43634, - - - -' mid $ :AN+1 + 1 -mal .1 0;yA;t --Â·~-=. trp- 1 H~Â·) L'' L LI '.' 1*ty# rtnym -0-Â£14 IL/ T -7 1 1 2 *7 L . .al 2 '-' . v: fu- -,-<*- ---7-7 -r> r .-rl -,-1: -4/-- 1-1-:u.zj 1 Figure 2: Site plan with envelopes REFERRAL AGENCY COMMENTS: â€¢ Parks Department - The Parks Dept. reviewed the application and provided minimal feedback. Due to the similarity to the previous project that was approved, and the requirements that are memorialized in the PUD approvals, Parks feels that this project will meet the applicable 8040 Greenline criteria. RECOMMENDATION: In reviewing the proposal, Staff believes that the project is consistent with the goals of the AACP as well as the applicable review standards in the City Land Use Code. Staff recommends approval of the project. RECOMMENDED MOTION (ALL MOTIONS ARE WORDED IN 7 HE AFFIRMATIVE): "I move to approve Resolution No._, Series of 2010, approving with conditions, 8040 Greenline Review and Residential Design Standards for Building Orientation and Build-to Lines." {ATTACHMENTS ON FOLLOWING PAGE} 5 ATTACHMENTS: Exhibit A - 8040 Greenline Review Criteria Exhibit B - RDS Variance Review Criteria Exhibit C - Application 6 RESOLUTION NO. , SERIES OF 2010 A RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION APPROVING WITH CONDITIONS 8040 GREENLINE REVIEW AND RESIDENTIAL DESIGN STANDARDS VARIANCES FOR BUILDING ORIENTATION AND BUILD-TO LINES FOR 934 S. MILL ST., SUBDIVISION: TOP OF MILL PARCEL 5, ASPEN, COLORADO PARCEL NO. 2737-182-0212-408-801. WHEREAS, the Community Development Department received an application from lan and Isabelle Loring, represented by Sunny Vann of Vann Associates LLC, requesting approval for 8040 Greenline Review and Residential Design Standard variances for Building Orientation and Build-to Lines; and, WHEREAS, the Applicant's property, Top of Mill Parcel 5, is located within the Lodge Zone District 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 1,2010, the Planning and Zoning Commission reviewed the application upon recommendation from the Community Development Department and approved Resolution No. _, Series of 2010, bya( - ) vote, approving "8040 Greenline Review, ' and variances to the Residential Design Standards for Building Orientation and Build-to I.ines; and, WHEREAS, the Aspen Planning and Zoning Commission has reviewed and considered the development proposal under the applicable provisions o f the Municipal Code as identified herein; and, WHEREAS, the Aspen Planning and Zoning Commission finds that the development proposal meets 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 Aspen 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 Title 26 of the City of Aspen Municipal Code, the Planning and Zoning Commission hereby approves "8040 Greenline Review" and two variances to the Residential Design Standards for Building Orientation and Build-to Lines for Parcel 5, Top of Mill Subdivision/PUD, City of Aspen, Pitkin County, Colorado. P& Z Resolution _, Series of 2010 Page 1 of 4 Section 2: Building Permit Application The building permit application shall include the following: a) A copy of the final recorded Resolution printed on the cover page of the building b) Engineered drawings for the deflection wall (as shown on PUD plat). c) If required, a drainage plan, including an erosion control plan prepared by a Colorado licensed Civil Engineer, which maintains sediment and debris on-site during and after construction. d) As applicable, an excavation stabilization plan, construction management plan (CMP), top of bank and stability of hillside plan, tree protection plan and drainage and soils reports pursuant to the Building Department's requirements. The requirement for a tree protection plan is intended to solely address any trees and their drip line areas that would be affected by construction activities, including protection (such as designated construction routes and temporary fencing) that will be necessary to minimize the impacts on existing trees from construction traffic. The CMP plan shall address traffic management, construction staging, and accurately represent proposed construction hours. e) As applicable, a fugitive dust control plan to be reviewed and approved by the Environmental Health Department. Section 3: Engineering/Drainage Building permit submission shall be compliant with all sections of the City of Aspen Municipal Code, Title 21 and all construction and excavation standards published by the Engineering Department. Section 4: Water Department Requirements The Applicant shall comply with the City of Aspen Water System Standards, with Title 25, and with the applicable standards of Title 8 (Water conservation and Plumbing Advisory Code) of the Aspen Municipal Code, as required by the City of Aspen Water Department. Section 5: Exterior Lighting All exterior lighting shall meet the requirements of the City's Outdoor Lighting Code pursuant to Land Use Code Section 26.575.150, Outdoor Lighting. Section 6: Fire Mitigation All codes adopted by the Aspen Fire Protection District shall be met. This includes but is not limited to access (International Fire Code (IFC). 2003 Edition, Section 503), approved fire sprinkler and fire alarm systems (IFC, as amended, Section 903 and 907). The capacity of the water utilities shall be assessed to determine if there is adequate volume for fire suppression. P& Z Resolution _, Series of 2010 Page 2 of 4 Section 7: Vested Property Rights The development approvals granted herein shall constitute a site-specific development plan vested for a period of three (3) years from the date of issuance of a development order. However, any failure to abide by any of the terms and conditions attendant to this approval shall result in the forfeiture of said vested property rights. Unless otherwise exempted or extended, failure to properly record all plats and agreements required to be recorded, as specified herein, within 180 days of the effective date of the development order shall also result in the forfeiture of said vested property rights and shall render the development order void within the meaning of Section 26.104.050 (Void permits). Zoning that is not part of the approved site-specific development plan shall not result in the creation of a vested property right. Section 8: 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 i f fully set forth herein, unless amended by an authorized entity. Section 9: 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 10: I f 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. {Signatures on following page} P& Z Resolution _, Series of 2010 Page 3 of 4 APPROVED BY the Planning and Zoning Commission of the City of Aspen on this 1St day ofJune, 2010. APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION: James R. True, Special Counsel Stan Gibbs, Chairman ATTEST: Jackie Lothian, Deputy City Clerk ATTACHMENTS: EXHIBIT A - Architectural elevations EXHIBIT B - Site plan (showing building envelope) P& Z Resolution _, Series of 2010 Page 4 0 f 4 Exhibit A Parcel 5 Top of Mill 8040 Greenline Review Standards: Sec. 26.435.030.C No development shall be permitted at, above, or one hundred fifty (150) feet below the 8040 greenline unless the Planning and Zoning Commission makes a determination that the proposed development complies with all requirements set forth below (all 8040 requirement other than 3 and 7 were satisfied with the PUD approvals): 3) The proposed development does not have a significant adverse affect on the air quality in the city. Staff finding: As part of a building permit application, the Applicant will be required to submit multiple documents that outline the control procedures for excavation, fugitive dust and construction management. 1 he Subdivision/PlJD Agreement for Top of Mill Subdivion/PUD states the following: 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 woodburning stove/fireplace regulations in effect at the time of issuance of the applicable building permit. rhis parameter provides an adequate control mechanism to ensure proper monitoring of air quality on the subject property during construction. Staff finds this criterion met. 7) Building height and bulk will be minimized and the structure will be designed to blend into the open character of the mountain. Staff finding: The proposed single-family residence adheres to the dimensional requirements for the Top of Mill Subdivision/PUD, including the maximum height of 28 feet. The design of the home also incorporates strategies that help break up the mass and scale. These features include varying roof heights, roof forms, and an array of building materials. As mentioned previously, Parcel 5 is one of two remaining lots in Top of Mill Subdivision that are either vacant or do not have a completed residence. When examining the existing character, height, and bulk of the neighboring properties, the proposed house is in the same vein of design. Staff finds this criterion met. Exhibit B Parcel 5 Top of Mill Residential Design Standard Variance: Sec. 26.410.020(D.2) An applicant who desires a variance from the Residential Design Standards shall demonstrate, and the deciding board shall find that the variance, if granted, would: a. Provide an appropriate design or pattern of development considering the context in which the development is proposed and purpose 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 the exception is warranted; or. Staff finding - Building Orientation: For compliance to this standard, the Applicant would need to orient the proposed home so that the front fa~ade is parallel to the tangent of the midpoint of the arc of the street. Due to the irregular shape of the lot, this requirement is difficult to satisfy, and compliance may trigger other constraints for the property. The proposed designed, to its best ability attempts to parallel the building envelope lines, especially those to the east and west. Staff finds that the Applicant has made a significant effort to create a site plan that continues neighborhood context and addresses unique site specific constraints. Staff finds this criterion met. Staff finding - Build-to Lines: Top of Mill Parcel 5 is encumbered with building envelopes rather than setbacks that most residential properties must meet. The building envelope for Parcel 5 places the development area a significant distance from the street, which contradicts the build-to line requirement. Additionally, the front envelope line is curvilinear in the area closest to the street and then jogs to the south where it meets the access easement. Staff does not believe the site lends itself well to this RDS requirement. The Applicant has attempted to move the residence near the street to maximize southern exposure, but the current design has zero (0%) percent of its front favade within five feet of the minimum front yard setback (envelope). Staff finds that this design does what it can with the constraints of the lot, and offers a site plan that does not differ much from the surrounding neighborhood. Staff finds this criterion met. b. Be clearly necessaryfor reasons offairness related to unusual site-specific constraints. Staff finding - Building Orientation: Staff agrees that the Applicant has a difficult lot for meeting all of the Residential Design Standards. The aggressively curved street in front of the development area and odd-shaped building envelope do not lend themselves well to Building Orientation. The Applicant has attempted to design the home parallel to the majority of the building envelopes. This is an appropriate response to the subject lot and Staff finds this criterion met. Staff finding - Build-to Lines: Top of Mill Parcel 5 is eneumbered with building envelopes rather than setbacks that most residential properties must meet. The building envelope for Parcel 5 places the development area a significant distance from the street, which contradicts the build-to line requirement. Additionally, the front envelope line is curvilinear in the area closest to the street and then jogs to the south where it meets the access easement. Staff does not believe the site lends itself well to this RDS requirement. The Applicant has attempted to move the residence near the street to maximize southern exposure, but the current design has zero (0%) percent of its front fagade within five feet of the minimum front yard setback (envelope). Staff finds that this design does what it can with the constraints of the lot, and offers a site plan that does not differ much from the surrounding neighborhood. Staff finds this criterion met. THE CITY oF AspEN Land Use Application Determination of Completeness Date: April 16,2010 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 0014.2010.ASLU - Parcel 5, Top of Mill, 8040 Greenline Review. The planner assigned to this case is Drew Alexander. Cl 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: 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. ~~)<~*Your Land Use Application is complete: If there are not missing items listed above, then your application has been deemed complete to begin the land use review process. Other submission items may be requested throughout the review process as deemed necessary by the Community Development Department. Please contact me at 429-2759 if you have any questions. Thank You, 432,Â»64~02_~ Jennifer Pheldn.beputy Director City of Aspen, Community Development Department For Office Use Only: Qualifying Applications: Mineral Rights Notice Required SPA PUD COWOP Yes- No-% - - - Subdivision (creating more than 1 additional lot) GMQS Allotments Residential Affordable Housing Yes- No >C Commercial E.P.F. E, H I U 07 6 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 April 6, 2010 Prepared by: VANN ASSOCIATES. LLC Planning Consultants 230 East Hopkins Avenue Aspen, Colorado 81611 (970) 925-6958 PROJECT CONSULTANTS PLANNER SURVEYOR Sunny Vann, AICP Stephen L. Ehlers, L.S. #20133 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 John Galambos, AIA Finholm Architects, Inc. 314-D Aspen Airport Business Center Aspen, CO 81611 (970) 429-1286 CIVIL ENGINEER Jay Hammond, P.E. Schmueser Gordon Meyer, Inc. 118 West 6th. Street, Suite 200 Glenwood Springs, C) 81601 (970) 945-1005 i TABLE OF CONTENTS Section Page I. INTRODUCTION 1 11. PROJECT SITE 3 111. PRIOR LAND USE APPROVALS 6 IV. PROPOSED DEVELOPMENT 6 V. REVIEW REQUIREMENTS 20 A. 8040 Greenline Review 20 B. Residential Design Standards 21 C. Accessory Dwelling Unit 25 D. Vested Property Rights 27 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 ii 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 Exhibit 5, Letter from Vann Associates, LLC C. Exhibit 1, Planning and Zoning Commission Resolution No. 18, Series of 2008 Exhibit 2, Development Order Exhibit 3, Accessory Dwelling Unit Deed Restriction D. Exhibit 1, Top of Mill Subdivision/PUD Agreement Exhibit 2, Exterior Lighting Plan and Fixture Cut-Sheets 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 location of Parcel 5 and the Top of Mill Subdivision/PUD is depicted on the Vicinity Map on the following page. 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 five sections. Section I provides a brief introduction to the application while Section II summarizes the parcel' s prior approval history. Section III of the application describes the project site while Section IV outlines the Applicant's development proposal. Section V 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., prior approval documents, etc.) are provided in the various appendices to the application. 1 Aspen, CO, United States of America - Google Maps 12/19/0711:26 AM Address ~ Get Google Maps on your phone Aspen, CO r~ Texttheword"GMAPS"to 466453 X22' 0 e.k Rri D LE .f I . r.t~ 4 01- I. ]IJ LI r. 01 .. .." C 1,91Â¢11'41 41? Â·11 J 3 3. '.r r- r- 7 4 :f'hL'U.,7,4 ,- e , f l.9 ....41,7.9 s, 1,., 1 9 ; I. I ./L 4, 10 /: R 2 - P k 2 5 ..1-Â· C 9 e I. 21 r 'r- 96,7 f:<c. M,Â·n.: fle '2 7 4 HafterÂ» St Me. 0 .V * .,cmes St 2 a*Â°â‚¬ Er 49 fo 1.-0 " c ./. 7.. 9 J 0 < g r l.7 9, c. I -!'.4:f Q - .ZY . Rio Gra Â·Â·,i.ic 'L.'94 S A.;" r. 6 2 u.Â·'ar,. 3, - C .H c ./4 C ~ 2.. - 2 + A , , 4. . . 1 5, . 1 7, 'C:Â· 0 & b:et:.,.6.4 6: 13.dve 9.. . 9 ...6 - -< V j LAain ST r, 0-Â·' ' P ~ 9/ . -. 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P j f k 9Â· lit,Â·: 04Â·, ....1 N. â‚¬ Â©2007 Google Map data @2007 NAVTEQâ„¢ http://maps.google.com/maps?q=Aspen,+CO,+United+States+of+Ame...&Il=39.190023,-106.81818&spn=0.021387,0.035 748&z= 15&om= 1&pw=2 Page 1 of 1 pa SUIC/;94;IN 1 5-31?'..4.~ 1~115:-111' 11't 5.1, Rrj 'Wlii'ia'.05 19 714 St 9 61. =,0'Â·'42:'20, W.01 Â£7 'td:DOJ, ....nr.'I, * 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 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 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 ID# 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 parking area for the construction of a single-family residence on Parcel 7 of the Subdivision. Parcel 5 contains a designated building envelope, the setbacks for 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 3 611 -- 7- -X Found 5' Witness broer t-* Rum.num Ccp ord Rebor -- - Â» 7 4 ---._..~ Marked LS 20 1 33 - 0 9 ' Ill SOUTH MILL STREET - S -- 6/9 A Foucd /95 NoÂ·' 0,90 Wisper P L /,t Ill - - 6 - 1 7#-- Morked LS 2013.3 ~7 4. /.3 $,Th-./._j 6. J- --1 6 8 0 e, 4 Foucd 05 PeboÂ· --- ..rk --- #*. ' I/_54 7 2-ac *i / 1, i 1 4 74*_4=fe'"01-0/ X 3h, 4/2/ I .//44 *AiX,41 xx , 3 0& 1 .,22 7310flk.\ 1 - 1-. 44/61 9,-' - 2 I --P- I 4* & i 12 y , . . g I ~ 1.1, ID --4-23; ~ A /// , / I \e M/. / /0 I . Â·~ i /7..'Gii.rg .0/~ Â£ .i + . f I '''ll - L ..1 .11 1 1 10' Setbock / 0 . Â· 4 \%0 1 / 04% ./ 0 1 2 9 /_ 4 '\ L /Vot Net -- / Cul k - Id 1 SrOW pOe 1 1 e Q '1 \ : 8045-1- . N 26 e.\ i / 4,1 F /,4 ... \ --- 23\ \ J /â‚¬ /44 - PARCEL #5 ----. C.r \\\1. p .-10,806 98.vr. 1 \ 10Â» ixt \ - --.1\) 1 mt -/ \ / 9% 3 ... 1 // A . i! ! \ 62 - 34 - X. l- 4 . N / 1' 1 3 21 4/ 0% 4 1 Fourd Rebor & Ccp FJ-- Â£ 9 13 Â·770 1-k/ 7EM Dev 8048.72 j ~ 4 ~ 4 + ''' -- *-0, F 4 tok 4-46 1 \ *92 . 3112 1 1 \ 2 Gps con,1,413 34; u E- / j 'CÂ·Setback .- , -65*- 773.97. , A 4Â·54. / J - 1 , 00 ~6~09459 p. . i Location OGRequffie Dknesbon- -Â· . -- Wot: o. 54.*rÂ· ore N.Led or, :Re - - --- - L- r.r 4 5.Mt 'of Top Of M:K Sub~Â«on/PUD - - - --- ..-- - - /ound Rebor & Cop Pec #47 1 099 - -... 1% :'57 1 0 80% GRAPHIC SCALE - - - 8055 - C N FEET) 1 inch = 10 fl Nobbe: SCHMUESER GORDON MEYER AcceÂ«12 9 C..cred- Pare %*M) * 1 1 - 118 W. 6TH STREET. SUITE 200 d. A 6 - GLENWOOD SPRINGS, COLORADO 8160 t g .Cle/ (970) 945- 1004 FAX (970) 945-5948 le cor--scce= SCHMUESER| GORDON | MEYER ASPEN, COLORADO (970) 925-6727 Top C,Si, . C.te C. 'Il C d. r#le ./.0. ENGINEERS *URVEYORS CRESTED BuTTE, CO {970) 349-5355 1,01.90 1 - - -*D .:P-1 F. 4 0 \20~01322 Â® 1 Pog ' rop *d WÂ« lvâ€¢(NONO'thhlotb aL/pdate20UO 4â€žg 30Â·4ed iye <)9 Mey 2{M) 9 460. Platted *. 09 MGr 2010 1 08pin hbfnndebewry Improvement Survey Parcel 5 Top of Mill Subdivision/PUD City of Aspen, Pitkin County, Colorado L,fF*-i- Notes: fS 4%641 AJM,&. i# ip'*m - O indicates found survey monument, mc}rked os shown .i,:mb'z:t; 465;Ujtiti7286$~ ~~~~44~.~-~ - 0 '>?dicates 0,4, of Aspen GpS monument. 32 32 - 37:~ 4- 4,.*7:4~4 I indicates set monument, aluminum cop ond rebor marked LS 20133 F**5 11 -get*N.kill// f - o indicates found monument. PK noij and wisher marked LS 20133 3.Â· e -446.. - 8 4 rÂ©*4' %29 2 - 4 6 12 Â£3 - Â¥ '1~â€¢-~ ~M - Legal Description: Parcel 5, TOP OF- MILL SUBOMSION/PUD, A PLANNED COMMUNITY, occording to the -' Â· Â· -,â€ž,â€¢2~ Â¥'L .. 4 ~IfT?99;e==42-,i Final Plat for Top of Mill Subdivision/PUD, a Pronned Community recorded 18 August 2002. in Plot Book 62 - ct Poge 04 os Receptior, No. 47 1099 in the County of Pitkin. Stote of Coforgdo 3 - Basis of Beorings: Beorings ore relotive to N14'57'241 between found Rebor ond Cop Morked LS15710 ...C; 4 at Southwest corner of subject porce ond found No. 5 Rebor witnessing the Northwest corner of said PR #yl ,LE.1,5325- parcel matching the record bearing occord;ng to the Find mot for Top of MBI Subdivision/PUD, a Planned I .* tt~ 9.0 4- -"-#72'5,4 Community recorded 18 August 2002. in Plot Book 62 at Page 04 os Reception No 471099 in the County b~Â· jh~ N*â€¢21 jh~r-JOi...fyiqi/1279' of Pitkin. Stote of Cojorodo. 1 -721 -t 't h:2~~ff -,1 -1442.3 9 17 2.F'IF*Â·j< - E/evoton Ootum. Dotum based on on e/evotion of 8048 78'on o }19//ow Rastic Cap marked Â£515710 if u 4*tzy.-SNE -4,-2 vi#.4,#d found ot the Southwest comer of Subject Porcer as shown hereon refative to benchmark shown on -Waterline f------.....fifistitr['f'~1 ~2 f\\ :~Â· ---Â·- t~~~A%?~4~4~M ig i--M]g 0127.- Â£#ension F>lon Revised Drowing~ prepared for the City of Aspen by Schmueser. Gordon. Meyer. a BLM Brass 0'77'L.Â·'pv E-ASEVE..VT ---+J~ Â· Â·Â·~. Cop in 8* Concrete Retoining Woll Dev: 7994.39'. Contour depiction at 1 foot intervals. Rec. *'471095 ~47 I fl$~a*An,~07.~Af:,~' i' ~ - ~l~~ ; A ~'~ Fi:rqi*.4.-19<q.> -1,<L'e~te aP~s~oe~# toferance of the found monuments for said Parcel 5 is 1/10,000 from the record colfs. tkÂ»-4 - 1 - .-11[ E:tz:,r.*71Â· '4 - Subject Parcel lies in Flood Hozord Zone X, Area determined to be outside 500 year flood plain. as ~ shown on FEMA Flood Insurance Rote Mop Ponel No 08097Â£0203C. dated June 4. 1987. - Subject Parcel is zoned Lodge PUD according to o verbal stotement obtained by Jason Losser ot the City & Aspen Community Development on May 16, 2008 over the phone. which conflicts with the City of 7- f 1 Veba Mm fÂ«\ hy :.7/ Aspen Community Development GIS Mapping Online Zone Districts Map. AN setbocks. building height & floor 2 ht [C i - Â·.k,27ry 4 . spoce arec restrictions subject to terms of the PUD. Fe. 5 /9.'ress Corner Alum,rum C.p 're Ret,or Subject PorceW hos access to Pub/ic Rlght-of--Wcy within the Access Easement to South MiP Street verked 15 20133 > 1 shown hereon True Correr fous c Storm Den N 64 8 i SGU for the City of Aspen June 20 2006. Also, observoble evidence of 011 /tilit;es shown hereon. I - Utility information is bosed upon "Wotertine Extension Plan Record Drawings, Top of 61;11* prepared by â€¢ 4, Underground Utibty tocations for Telephone ond Cable ore not available from said Utlity companies \1 %.. , SITE */ 3 + - Names of adjoining owners based upon Pitkin County Assessor/Treasurer Web site Ditabose on May 15, ~ * ~~449 2008 - Subject Parce; is locoted approximately 1 190' from the intersection of East Durant Avenue end South Mitl Stfeet. 4 Vicinity Map + No evidence of changes in street right of way Nnes observed at the time of this survey. ./ Scale: 1"=400' - Survey Dotes: 6 May 2008, 7 May 2008, ond 14 Moy 2008. SGM field surveyors performed o s,te visit 25.~ on 5 March, 2010 to verify existing conditions. At this time they verified and marked cil existing monumentkn, ond set o uness corner to the Eastern most corner of Parcel #5, ond located c newty . constructed concrete drivewoy Â«ocatec within the access and utifities easement to to Parcel 51 7 Legend- - Notum; Hozords: As o Surveyor T om not qualified to determine whot constitutes o natural hazard. At the time of this survey there wos no observed evidence of snow Wide, ovolorche. mud slice or rock slide. Wi Catch Basin 0 Drain /rdet Gro,el - As per The City of Aspen, the site h locoted within o Poter}tid Geologic Homrd oreo. 0 1 DO-yr Floodphin ond o Mudflow Hazard Areo (See figures ES- 5, ES-6, ond ES-7 respectively of The Cty of 0 Water lerAce Aspen, Surface Dro,noge Master Plan. dated November 2001> 'Pen ~ Sewer Service 77./ % Storm Drain Manho/â‚¬ s - No evidence of permanent trash storage areas were observed at the time of this survey. S Sewer C/ell-Out Concrete - Due to snow storoge. monuments were not set ot property corners noted hereon. Â® Sewer Monhore - The tie between the Southeast comer of scid Porce# 5 and Cily of Aspen - GPS Control Monument GPS- 1 Is for the informotionof use or the City of Aspen. This tie In no woy supersedes the Final Pict of Underground Utifities- record Top of MiN Subdiv}sion/PUD, c Planned Community recorded !8 August 2002, in Plot Book 62 ot . Poge 04 os Reception No. 471099 8-5 - 8- Sewer Line - This survey does not represent o title seorch by this surveyor to determine ownership or to discover - 67Â¥ - 6- Woter Line easements or other encumbrances of record. AH information pertoming to ownership. eosements or other encumbronces of record hos been token from o titte insurance commitment issued by Commonweolth Land ---St..- Sform floin Line Title insurance Co. as Case No. PCT 18369C2 dated 02 Jonuary 2004. Pertaining to Schedule 8-2 of sokd Cose No. PCT18369C2 - 3-G -- 3. GOS Line 2-ws - 7 Water Service items 1 thru 7 ore stondord titte commitment exceptions. Items 8, 9. 10, 11, 12, 14, 16, 17. 19. and 20: uffect subject porcel but con not be grophicolly depicled. jtems 13, 15 and Gre shown hereon. Rem 18: Does not offect subject parcel. - This Parcel is vacant. otthough currentil being used us a parking W, and is subject to o Staging Area LiNE TABLE \ Lkense Agreement between The Boity Family investment Company, Licensor. ond Wodehouse-Augeljo L/,VE f LENGTh \ aBP.ING Builders-Aspen, LLC. Lacensee. L 1 $ 34 62' 1 ,Â¥29-56'76 -w L-2 1 -31.24' ~ S6748'14"E SURVEYORVS CERTIFICATE - .3 ~ 24.86' i 510Â·1626"W 24 , 1828' f 567Â·48'ICE 1. Stephen L. ENers. o duly registered Professional Land Surveyor in the Stote of Colorado. do L 5 \ 20.05 1 529Â·56'16'Â£ 1 hereby certify thct this Improvement Survey of Parcel 5. TOP OF Mill SUBO}VISON/PUD. is o true. correct and complete survey, that such suney was mode from on occurate survey of Lot 17, Bfock G. Moore Fomily P. U. D. by me m under my direct supervision and correctly shows the location end ' dimensions of Parcel 5. TOP OF WILL SUBOMSION/PUD. The field surveys were completed Moy 6, ._74 M8*v#il. 4433 ' \ CJâ‚¬VE \ RAD,US \ LENGTh \ TANGENT 1 CHOAC \ SDANG C DELTâ€¢ i 2008. Moy 7, 2008 onl.MaJ-4 2008, ond o site visit was performed on March 5.2010 to verify 1 existing conditions 040>3*12,9390 monumentation. e,gcept as noted. The site wis bionketed with \ C' 75 50' \ 2940 1, -4.69' , 2921' \ 985'4523"E \ 22'18'37- \ snow of the tirrle,0*...31Â¢0'4~, 02 | 7530' 2 2427' i -2.52' Â· 2469' ; V.73~40'352- | 18'4928" ! C,3 , 9050' 1 30 Â·20' Â·, 15fC j 3055 , 68459'C9'E \ 19.26'08" \ 44-4 2 c te Stephh L. Eme'ha:S. 2033.3 74. Date 16% .:f.4 NUM- RE'ASION Dâ€¢ZE BY Job No. 2010-322.001 SER 1 el 5 Unprovement Dewn by: reb Dde 8 Mar 2010 f Mill OF ~ Survey Approved File: Fop/dy, 06_Â·5_ upeole 20 10 42 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. 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, and to the best of the Architect's knowledge, the existing 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 proposed residence's allowable floor area, it did not address the issue of maximum allowable building height. In response to a May 2008 request by Vann Associates, COMDEV determined that the applicable height limit for Parcel 5 was twenty-eight feet (see Exhibit 5, Appendix B). 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 5 deflection wall will be constructed in connection with the residence' s foundation and all requirements regarding excavation and construction will be strictly adhered to. 111. PRIOR LAND USE APPROVALS The Top of Mill Subdivision/PUD was approved by the City Council on March 11, 2002, pursuant to Ordinance No. 7, Series of 2002. An application for 8040 Greenline Review for the construction of a single-family residence and a detached accessory dwelling unit on Parcel 5 was submitted by the Applicant in January of 2008. The application also requested two variances from the City' s Residential Design Standards and accessory dwelling unit approval. The Applicant's request for 8040 Greenline Review and variances from the Residential Design Standards was unanimously approved by the Planning and Zoning Commission ("P&Z") on June 3, 2008, and is memorialized in Resolution No. 18, Series of 2008 (see Exhibit 1, Appendix C). A Development Order for the approvals was issued by COMDEV on June 15, 2008 (see Exhibit 2, Appendix C). As noted therein, the approvals are vested until June 16, 2011. The Community Development Department's administrative approval of the ADU, and the issuance of a Development Order therefore, was to have occurred contemporane- ously with the review of the residence's building permit application. While a building permit application for the residence was apparently submitted and subsequently withdrawn, no formal approval of the ADU is believed to have been granted. A deed restriction for the unit, however, was approved and recorded by the Aspen/Pitkin County Housing Authority ("APCHA") in August of 2008 (see Exhibit 3, Appendix C). IV. PROPOSED DEVELOPMENT The Applicant has revised the design of the previously approved single-family residence and its caretaker dwelling unit. While the residence's site plan is similar in 6 layout to that of the prior design, COMDEV has determined that new land use approvals are required given the extent of the proposed revisions. As the site plan and architectural plans and elevations on the following pages illustrate, the Applicant proposes to construct a six bedroom single-family residence with six 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 accessory dwelling unit will contain approximately 460 square feet of net livable area and a new, replacement deed restriction will be recorded 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 D). As noted 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. The residence's attached garage is accessible from Top of Mill Street via the existing access easement which encumbers 7 pervE TO FAR GENERAL SITE PLAN NOTES: \ 1. SITE PLAN INFORM#J-ION IS BASED ON THE SURVEY PREPARED gy ' , y . -- VM*- I - ' 9_ -~4 SCHMUESER GORDON MEYER.DATED WARCH 08.2010. ARCHITECT ASSUMES INFORMATION Â· , a PROVIDED BY SUFNEYOR IS ACCURATE AND ARCH#TECT IS NOT , , . Â· RESPONSIBLE FOR INNACURACIES.ERRORS OR OMISSIONS By SURVEYOR. 1 % Ily/ti 2. SITE CONTOUR ELEVATION 8036,75 EQUAL BUIUDNG ELEVATION 100'-4 ' , 3. *Nlfulf 2)T#EGe[&20FEIZI?10[IS?liRBERB Ni&&r#137 82Â£1 OFF , r '\ 1 - RESEEDED OR PLANTED W#TH NATNE VEGETATION. Â£ ,, , 4. 5'NBRC{I~-itfBÂ°9'Ers?LFf-HEEARCTOHRN~(%(N%FOTRHC~~V~~2881 Asrbl'DE -- CONSTRUCTION FENCING WHICH COMPOS WITH WILDUFE FEENCING STANDARDS. -r 7t . 5. ALL DOGS SHAL BE LEASHED OR KENNELED. rt:= =L /P\ , Â· GALAMBOS i ' 6. INSTALL AND USE AN APPROVED BEAR-PROOF TRASH CONTAINER AS REOD BY THE CITY/COUNTY. . \ 78 - , , ARCHITECTS INC. 7. ORGANIC MATERIAL IS TO BE ADDED TO THE TOP SOIL AND AERATED. . ~ . ~ Â·Â·, / Â· - -\.3 3 I 4 D AABC 8. ALL PLANTING BEDS TO BE NULCHED WITH A WN.OF ZOFF WOOD CH,PS. , ~ . ~ ~ ~ ~ . . ~ .- - \9,1 *94 \/ ASPEN, CO 81611 9. USE NON-POTABLE WATER FOR IRRIGATION. Â· - - - - Â·9 *r (970) 429-1 286 TO. REFER TO CIVIL & LANDSCAPE DRA?,fINGS FOR ADDHIONAL INFORMAT!ON. ~ ' -\.<33 i -- 'Â·<1* ~ 11. SITE WALLS REFER TO ARCHITECTURALS & STRUCTURALS FOR ADDITIONAL INFORMATION. 1 -- ./. A. \ \ CEL4 - X. 8036 * 42. :. 1 - I = 96 1 Â·' \ *-1- - - LOW WTE WALL .. ' L. i p==11 1- \ LJ , '' 1:i 149.---7-=-n- - - - - , fo- erÂ·~Pa Â· O MIf) - 90 1 Wdo i- --Â·--m--U M J=J PAR/NE ll-- P.1 E m 29 79-1-11-1 L Up R 140: ,-rl-min- /1 - \ n. 'Plf (f) 20- - - : E le} LL.1 2 ' ---- % @1% OC Id . MAIN RES/ENCE . lhJ i 2 T - 14 1~ 2 b5 OLL 0 ZmO ---- I .- 5% +0.1:. , _01.. 4%1 }96 #1Â¥-/40'- ~~~~ ~ 621 - 121 21 : ~7 3.-t.V'-3 -- (11 Fl OL <C - 1 : .I . - 1 - (9 0 --- - 04: lt:22-- O 0, + /% 1 A. I.&.I . -I .- - 0 0 ip# 7 . . I 7 .- 1 -1 L g. k - . 80 Â· LU I ' 'tu 0 11 14 - 4 0 / UP--I MLI- -0 i - .1 u . 160 1 1 .. 0 1 1 11 D/92*47Â£ . , 1 . 72, L. EASE,ENCE. ---- - ~ - li /1 r ... 1 0 1 r. 1' 4/ 2 -1.\- f ,, r 1 '' GUN/TE /1 0 -- 1 -, \ \~-- 3. 1 i ~ SPA ~,1 -, 1~404.75 --JIJ --2%.______ i i l ~ ' Â°Â·Â£Eâ€¢L-E 03~ 23 ID ' ISSUED FOR DATE 8040 Â£ '--- i -- : AN Â£ i' 1 0 - RJ 0 -, ; r - 1 1, th - , M Irf-74----- *Imi I-3 7-3 r.. /\,/ - ----- --- . , 1 1 - . . . . 4 /\/ -t - - -. * - MUD AND DEBRIS U.Â·Â· - - FL_(*WALL Â· W. , ... 0 TOP oF WAil- -- 805225 UE?.1 - Â·TE 03 SITE FLAN 1 Scalc: 1/8" = râ‚¬ ~ , 1 --- p . -- -1 1 71 NORTH ARRCNV 0100 ' N3dS BENCH , 2~ '2~ i Â« - Â·U'Â·32 /4 EwY S.4 :. Â· R.lpF 40 -: -2 . -1 \My 1 -1.5 b.9 UFF GENERAL PLAN NOTESÂ· ./ i. r V T -- a n -/ 1 - 1. ALL DIMENSIONS ARE TO OUTS#DE FACE OF STUD AT A EXTERIOR WALLS OR FACE OF STUD AT INTERIOR WALLS 0 0 824Â· 0 0 ~ 1 1 YO OR TO CENTERUNE OF POSTS-LAND. 1 11-5/2 16'46- , 8'-74/.Â· A 13 -77.Â· 55'-3' . ,_. - 4 1~ V 2-1 _ ~' 11 2- *902*LaffÂ© 1 , --1 1-1- i ' 1- t,AN i 91*'~22~21PTUD WALL TO FOUNDATION . t k ; 117 4 3. NEW EXTERIOR WALLS SHALL BE 206.{UDNJ 1 1 ~ L=- 4. NEW jNTER;OR WALLS SHALL_ BE 2;~6 WOOD FRAMING AT - ~ ' 1 1 r-<OCIUDJU ' \ r 7 Ir-- Ill J 5. DIMENSIONS AT EXTERIOR DOORS AND WINDONS ARE TO 4 t i \ 1~ CENTERUNE. SIZES ARE BASED ON PELLA WINDONS & GALAMBOS DOORS CONTRACTOR IS RESPONSIBLE FOR ROUGH , OPENUNGS PER MANUFITURER SPEOFICATONS. , ~ , WINDOW MANUFACTURER TO PRO/IDE SHOP DRANINGS FOR APPRO/AL PRIOR TO FABRICATION AND #NCLUDE TEUPERED GLASS WHERE REQUIRED BY CODE. i |~| , 1 '. ~ RE: NISERIES FOR ADDITIONAL INFORMATNON w ARCHVr ECTS INC 1 1 I li A'.5 6. PRW DE SOUND INSULATION IN WALLS. FLOORS AND ' '' V CEIUNGS OF ALL ROOMS: ALSO SURROUNDING ALL Â· \ 1 ' ~ 31 4 D AABC MECHANICAL DUCTING.ALL PIPES TO BE WRAPPED ' ' ' ASPEN. CO Be I 1 1 li W/R25 INSULAT/ON.ALL INTERIOR WALLS AND i ' 1973 429-1 286 0 ELI - - 1210 FLOORS TO HAVE A MIN.R-19 BATT INSULATION th ' c, 1 4 ~ -11 7- 95 F+Ef*25 '* '~JE~SG~~NESfpSU~EmAS ENGINEERS. % 8. REFER TO AE SERIES FOR INTERIOR ELEVATIONS & i BEDROOM 04 ENLARGED PLANS ~ Â· 4 UGHT !. & 013 9 --- 11 CE,-+-,4------- ---4---WE/-Â·- Â·51.---------6-Â·Â·-- --------------- ---------------------------Â·- -- -- -----------Â·-Â·Â·----------------Â·Â·- -i ~ i 8 6 -1_ ! RECREATION Oil 9 -- ! ROOM , i LOWER SPORT 18'-9 LA EmmEmEm * i POWDER CLOSET 103 ~ , 7- ~-7 ---- --------- - -(* li.1 001 - 1 1 2- 4 15'-8 -1---6-- 1~ --1/ -----~- --7------------------ --- ------ - \1/4 -TETILE 1 IL 1 2/'-36' i 015 ~ CL 04 1 - 1 //Li Â» b \7// F APT 014 2 c k i Z L,L.1 -1 O 0 1 i n - H CO 1 BENCH , Nw 1.1.1 [E t; O BENCH 71 W i - F--1 El 1 4 LJ .--' p EL: 88'-3 ~[7 8 b 84'-6Â· , k LL 0 / 1 LONER LEVEL EXERC;'SE 0 (Des f- :1 -f \ P'~ FINISH FLOOR INAH Dny Ph FINISH FLOOR N LO ~PT~~ - LOWER LEVEL EXERCISE 0 TÂ®P OF CONCRf-77- ~ DN-- TOP OF CONCRETE 4 82-2 EL: 84Â·-5Â· (f) UQ-~ M'-772 ) 1 4. - En-Ea F~:3 F:=316 , 2*-ehÂ· (3 [t I ZIO LU 2'0 16'-5 * N BAR 4 i ELIN. EXERCISE SPORT [JOURT . 0 % 22 Â£5- a U LL n BEDROOM 05 002 UGHT 010 AX Cal] Z o) O G 17-r WELL .0 -r-1-OÂ¥ . I .REF i./CE 1. ] 0 - L., 1 CE 1 0-< I Â«1 C Mil 1 1 1 1-11 8 -44 11- i I (3 0 32 ELECTRICAL ~--1 MECHANICAL - 009 1 008 f -[ 1 it !, L...... NI <2) dUFTÂ« 8-Mi 'N Â£'-80 i BiNCH ~ dtfj LS,1 1 r ~1 / 1 BATH 05/~ CL. 05 / -----1- - - -- -- - ------------------ ------------ - - ---- ------- -- O 012 011 1 -0 8040 ISSUED rOR DATE 03 23.10 l [ 0 GA[ I [I = 0 0 00 ~ LOWER LEVEL FLOOR FLAN Ch 6"kl/4. =1'-C NORTH ARROW - *2.,Â® . EGEEVT. 6'-9 94 + 00 / 27 y . 3. M.1 ) 6. * GENERAL PLAN NOTES: f A . 7 L ALL DUENSONS ARE TO OUT5/DE FACE OF STUD AT 6 EXTER/OR WALLS OR FACE OF STUD AT INTER/OR WALLS (63 CE) 82'-6*. CE) CE) CE) CE) OR TO CENTERUNE OF POSTS. UND. 16'#i /3,-a . .1 19-64' , 13'-7/.Â· 15-3Â· , 4' OÂ» 1 2. GRID UNES ARE TO OUTSIDE FACE OF STUD AT , . _ _ *%63(PQPhoirtoW?lis =SI?Ruffu'FAL . - 1--i 'J ilill DRAWINGS FOR STUD WALL TO FOUNDATON 1 WALL ALIGNMENT) ~=--- i-J 0,24,' |~ 1 t.*'i == 14-1 3. NEW EXTERIOR WALLS SMALL BE 216.(024.} ' 00 4. NEW /NTER/OR WALL5 SHALL BE 2,Â£ WOOD FRAAUNG AT ' ENTRY PORCH ' - - 1 r-:r omUDN.} 5. DIMENSIONS *r EXTERIOR DOORS AND WINDOWS ARE TO 4 1 *-1 - '1 CENTERUNE. SIZES ARE BASED ON PELLA WINDOWS & 4 DOORS CONTRACTOR 6 RESPONSIBLE FOR ROUGH lili-/ZZ-7 .-:I W#8@;1~2/Lzf51%~9fil21P'93#28&,INGS ~ \ -N -_ _ -i f22*PNPAW- FR~~~~ONNW~Di~CLUDE ~~- --= - -" - --=' ~~-I.-2.-1.~---2.---2.2.-'_ 1_--2.1-2.2.-11.11_1_1-I_I. ~t.-~f.,3..8,;I,--~-------rt-------~22;3~~-/f / ~,~2-3~~ 1 ~ i ARCHITECTS INC. GALAMBOS RE: AN SERIES FOR ADDiTIONAL INFORWAILON *~444/t*/4/U/~ FR intittitmt' f, 1 j ~213/' 6. PROVIDE SOUND tNSULATION IN WALLS.FLOORS AND ! 314 D AABC / V *c#Eicti d%4t'ttiPff~~~E~U~~48 -ENTRY FOYER~- i ASPEN. CO 81611 1 0-5Â· 16-r W/R25 INSULATION.ALL INTERIOR WALLS AND * FLOORS TO HAVE A MIN.R-29 BATT INSULATION 1 / 1 1 ,====7â€ž=e= ~ , --r-m.-~Tr- BEDROOM 02 BEDROOM 01 ! 1970) 429-1286 7. {*~ ~gtp~[) ~EM ~~E~'~G#UNEe#NOSU~EY~RS '1--h ENGWEERS. - 111 108 ENTRY FOYER \'N _1_-== 1 ! 4-ji= L OF PLKWOODI~~41- 9 8. ~Â£~~.E~ ,~MSSER/ES FOR /NTER/OR ELEVATIONS & g b /0 0 ENTRY LEVEL 1 / --4 FliffiR-~a------- --------------------------------- -- -- ----------------------------------- ----4------- r~-F-rNISM--FLOOR---------------= - - OPEN ~< -. -= 4Mt* 1 -2 2/ -2 - 6.32 filt/ - m = ~ 2/ 6 + 2- r - 2_-_~ 4,P tb /00-5 -----Cl Â«Offi * TOP OF P/)''WOOD / 1 TO ICk--4:2~ 1 ENTRY LEVEL EL: 109 -CT L--- 9------- -E BEL0W~111 n 1 11 1 ~_ 6 -------~-9 / CL~~ - /2839 (22) W ./ -- 1~ A, N .C_1.-1.2..1.1 ' f-r~=.4# 2 / ----- /,W///////////A 15* 041 ~ - t.t -L -1 . ~ '7~ 9-6- 50 5'-878' |t | ~11-1 = 3597-. 1%4 ffil Â· f 8-6% 0 Glo c======Er- Â· '.:' L-#-.j y i\ th., : M 1 TRASH ,---------1 423 7~ Wdo - i i l p.......................: ' ; 11 1 9 ~ Ba~ 01 f U ./.W \29 1 0 1 i ]4 4 ---Ji10 . -----<1-t-1- 1 ~l; i BENCH ~7 Dn IQ 1 1 -I'...................7, % 4 ; . 1---2 1 . 1,4 - 1 - 4: 1 - ---11 24[-01 1 1 1 ffru 2 1~ ~ aw G%2 N Ott - V St L....1 -1 4-----1-1 ~ (0 20-9 1 1. â€¢ , 111 11 J lAi ENmY LEVEL HAL4 GUEST - co 1* 107 41 ~ COAT CLOSET '" i ' 4 (9 W I 102 I I -1 0>24*99*93< ~w<m â€ž1 . ELEV. BEDR~M 03 ~ ~~ : 5'45- ' ~. Eli r-7 LiII ~--im' 7 i IN - r 1 eRAGE Ctl====4 o O LL /Cr-& Â· LAUNDRY 25 Ike ~ *7 '2 - (-1 8 DEN , LU | M--.\\\i * 75 - 24*- - : 'cL. '05 1 ' L_-J 4 103 Z (DO 'f. -- - -- - - - I ; PUft Â£t \43 9 106 i - n. h ' , , GARAGEE It 1 1 09 O 10 -634. - ; r~ Top OF CC'NCRET E H ~ 1 ill 0 0 0 H U: ZED -1 y.3* W D w D I r' " 23'â‚¬ i cp , 4 /7-55Â· i 6 1 14 ' 4, _EMIL .- 2-07 i - 1 134 3-EED E FEEE:~fil Z i il- J 0-11 11 1-1 ,(2 1 ' 1 1- .1 - / 1 1 1 / '2-1 1 4 1 - i ~ / 1 COVERED SKI ENTRY ! - -------- --- -- -- -- ----- - -4 - -- ------- --- -----------------t--------1- --- -- - - -Â·-- ---- - --Â· -Â· -i-- --- ----- -- - - -Â· - - --- -~~ ur, M BATH 03/ Â· ~ STONF.1, 517?A'F 1-- 1 116 i Â·Â· r Â· i ,1 -~ BENCH , 1 1 11 ISSUED FOR DATE 1 N \ ..kt~till~ilit~\11/ttÂ¢11~,111111/1,1111/311tltlllIrâ€¢ 8040 1 GREE"u., 03.23 10 i /1 1 1 1 1 1 1 I I : 'k I . I 1 1 1 I i L 0 8 0 9 0 7 â‚¬Â·2~1~-~& _ - - ENTRY LEVEL FLOOR FLAN ~ , 79' :Â·'C< -j Scale: 1/4" = r-0" NORTH ARRON : 1 ./ 7 - i A2.gli -5- -1 - -- -;12 2 0E 3 00 'N369 6-1 f 0 90 133 00 GENERAL PLAN NOTES: 1 El irm47-232- 1- Nr2#gs~5A& 112'r#!Dbl.G~~1-~f~'rE~'i~.Ls 0 0 .0 0 0 00 7- -0,4.-1.tow. .fi k -i. - OR TO CENTERLINE OF POSTS. UND. 1 /9-64Â· t, 5-1'l.' 13Â·-774Â· 15-3' , 4, C . 2. GRID UNES ARE TO OUTSIDE FACE OF STUD AT . - ,-3 -_-4 EXTEROR WALLS, CENTERUNE OF POSTS UAN. r , C~~2'1149'yoREER~tANÂ¢bSF~~DifbE~URAL ' t, - 1 i 1 I.J i .// WALL AUGNMENT) 1 1 -- /1 -.-*&kill 3. NEW EXTER/OR WALLS SHALL BE ex6. (u.ONJ I 4. NEW INTERIOR WALLS SHALL BE 2x6 WOOD FRAAUNG AT - ...9.- 1'-27 0Â£IUD.NO ' ' 5. 21#0'88'jE.AL*i~!lwORB~f''PEUTYQx:#E JO -- -- rn A 41 1 4 1 DOORS CONTRACTOR ES RESPONSIBLE FOR ROUGH -_-1.-_- -------------1---/ . OPEN?NGS PER MANUFACTURER SPECtACATÂ»IS. 6 70%.#072*8#TJF~~TORHSigorjrk ~ a~- - 3- I- J- I J I- C- L---- ILE-JiL-IliCIL - -, T i:IIi- [1: _~ G A L A M B O 1 L ! TEMPEREL) GLASS WHERE REQUIRED BY CODE. , ' ARCHITECTS IN RE: AN SERIES FOR ADDOZONAL INFORMATION - CEIUNGS OF ALL ROOMS: ALSO SURROUNDING ALL .â‚¬ i 4 m c. 4 F L-7 1 ~<23,/ 6. PR~DE SOUND WSULATAON IN WALLS.FLOORS AND , V 314 D AABC MECHANICAL DUCTING. ALL PIPES TO BE WRAPPED - ASPEN, CO 8-1 W/R25 INSULATION.ALL INTERIOR WALLS AND FLOORS TO HAVE A WIN.R-/9 BATT /NSULATION ~ - ' -~:~ ' ,970)429-1286 1 UVINd dECK & k Fl 4 7 DATUM ELEVATION 100-OEOUALS SITE ELEVATION 803615 6, 1 4 1 I 1 ~ AS PREPARED BY SCHMUESER GORDON MEYER SURVEYORS - ~ ENGINEERS, < ( DININÂ·3 8. 74142~ At;2~RIES FOR jNTERFOR ELEVATONS & LIGHT , ' M L I~-:il-i-1 -- ~~==f- -. t U= 215 2 IL- "--ILLL#=41 N., -- 1 Ir--7 P I Ilk==---1---- I ' 020*Â· i i - 1 It / /Â·-1 1 4 / //-/\1 E /5,-//7Â£ 31 1 TO ENTRY FOrEAL_U====4 . Kir--711-3-3-94-1 1 + 11 U== 18? =L-,1 ; sa~Me~ m-- 1 _--=j $ Â® 4 ' EL_L===1 Ezz!1 ~IL~~'~~il-_==-1 MASTER DECK '~ LIVING . 4 4 ' - ------ -OFFISE- --- ---Â·- - . i ad '' V b O ti If 1 11 1 DNe ~ , 13'-134Â· 1 111 . --- 10-1 16 V 1 , .(34 : 1 1 1 Al 003 3. 24 29â€¢ 11 Â£ ' : ' " Il :!wOOD I 6- 0 (flo , :I UPPER HALL 1 UPPER LEVEL 201 1 â‚¬ V /1//////A ' ~ ~ ~- -~ ~t <L]/RECTION of WOOD FLOOR) & TOP OF Pi YWOOD 1, 11 1 EL MI'-9 1 66 OFFICE & -MASTER . 3 1-1 FINTSH FLOOR b < VESTIBULE .~ 11 UPPER LEVEL I MASTER BEDROOM LU 202. W(lon. C.Pr / EU Ilr-6Â· 1- * 1 ./ . 3'40Â· . -- I. -011 1 1- 1: 1 1 4-03 ' LL=L -. 4-4/2 18'-972 MT 1 1 E* 1.- -- 1, M - JL - 'Â· ----g 0 + - 0 OU 12 11 0 1 4 MASTER ~ UGG ' . 3-6 6 , 5'-4Â· 111 CLOSET Z (f)( n' WEL.Â£. i ~ ~~ - iÂ· m 90 BELOW ; --. 11 1 r--1 f*25~ *7| ' - 4-~ '1_~f-~ fiti - 0 0 9 '3 1 --1 9 , -5-2%Â· . | T .' j CL W/0 6 11 1-- - - --1 1! 1 6 ' L Â£42=1 + ~ 1 - - .:1 1 1 KI rCHEN 213 2-7,/4. 92. r-r Ezo Eli' 5'-9 4 16-8 j 54' 5'-aÂ· 50; 4'-0Â· .2-59 " e I -/ 52 U Â» 1 -l=n-f==:--A-----------t!- PANTRY g % 1 -)' ~ ~ /1~~~f~~~-17-- 17-- 1- - -9-- 1.7.-7- ----- 71 212 02 1 11 Irrl, 1 lili 8 1~1 '16 li i , : n r) 11 1 I ----9- lili lk 4 1 '1 11 b I CO . 1 4 2- 11 1 11 + do. f 1-5==tr 4 1 '1 . 1 1 4 '111, 11 14 P , Â·-tjED FOR DATE 11 11 11 1 0040 -' ~ 6-' 03.23 1 1,11 1, I lili 1 ', 1, , ~,~ t:----:-t--= i t, t, :, â€ž , 1 1011 11 1 Â¢3Ao:' PORCH 11 5 1,1 11 11 1 " 11 " 11 1 I,il Il 1 It 1 11 1] 1 r 1!ki -4 '-- -L- --1- -4-:-- -1 -- t. __L _ ___;- -llt --11 -- -t__ _h_ _-S---f----tk-- 441- --! 1 1 /1 11 1 41 11 1 11 11 1 1 .1 11 11 1 11 1, 1 11 11 1 1 11 11 1, 11 11 1 1 1 I . I Al I I 0 0[0 â‚¬4. f =4*=47 r K{ 9,3 1-1 UFFEK LEVEL FLOOR PLAN ~ - Scale. 1/4' = 1-0 NORTH ARROW *11@Il =~1- ~ 1,1 1 31 L 2%69.6. 52-934' 1 IW H 00 i 2J 1 -4*' .- r. 1 6---34.4- (E) 82-69 0 0 80 19-6/2Â· 16-0/2. , 13,-7/4~ 13'-71/4. 15'-3 4 0 I ./ I & 12+ 7 9 1 1,1 1 ~1~Al f 11 te-- -VERIFY DEPTH OF 2 'T. ~, ~ \ FASCKA AT DINING ROOM \ -FASCIA TG BE AT SAWE SLOPE SLOPE : I \ ELEVATION 2:iF 437~ ! 1 ~ AT S/02 OF UV/NG Acaw i i 1 1 GALAMBOS ! ARCHITECTS INC. 0. k .-1------0 -- ----- fh' - 1 '243/1, I R: V 314 D AABC 0 1 ./ls/l i ASPEN, CO 81611 (970) 429- 1286 1 SLOPE 6- SLOPE 1 i 9:/2 EN i 91 -~ .r : 1 : i 8 1 \ , ~ SLOPE SLOPE ' C 9:12 9 52' ~ / 11~ I 0-9 / 1 1 ! 8 Ld 1 1 0 t,Lo ! SLOPE 20Â£4 J ,/7~ Z 1.1.1 -| i .9/2 9 4, / 05 W 0 1 UU W ho 69 ~la 0 0 tr 6 - - _1< WNN RIDGE ELEVATION: 807225 6- Â·Â· 9 I -1 L.L| I -~ *199 - ' A 6 5 14 W O LL 9 0- /1 (3 6 82 419 SLOPE SLOPE \ '9:/2 9 -52' 1 k / \\ 1 / il i / ', :/ ,_>21 -24MfU Cl- 11 / -1 .r ~6:/2 6 :12' e 1 1 e. ~ ~ ISSUED FOR [>~TE 1 1 :1. \ 0 I t CH... 0323.10 91 i T i 1 1 1 1 [ I mI I I I 8 0 99 0 0 00 Â»klitÂ«'h.-7 9-.41.- Williellifi~zzld A #*61=4-2 7 1 1 ROOF FLAN scale: 1/4Â· = r-oÂ· NORTH ARROW , A2;.3 9Â«6 6-17 ' 9-531 52-9%' 01 8 4-47 - - 4.8 07% 6 157 2 â‚¬ ~ 3271 . V 42 ~~UFF, 142 Â»29-3=Q,f=-4621*420*3~ -iJ. 1 41 GENERAL PLAN NOTES: . ~ , . .,1 r 1 -,1.- 1 1 - 1 ' fir E'RjoR::ASA'& 1%yr@a6-6Â¥ sigydiALLS - (.L-- -' OR TO CENTERUNE OF POSTS. UND. Ch ' 2. GR/D UNES ARE TO OUTSIDE FACE OF STUD AT \FL EXTERIOR WALLS.CENTERUNE OF POSTS UD.N. (RE:BUILDING SECTIONS,DETALS AND STRUCTURAL ' DRANINGS FOR STUD WALL TO FOUNDATION ~ ----.. , f I- I WALL AUGNMENT; 3. NEW EXTERIOR WALLS SHALL BE Ex6.{UD.N.) ' 4. NEW INTERIOR WALLS SHALL BE 2.6 WOOD FRAMING AT GALAMBOS < - ARCHITECTS INC 5. DIMENSIONS AT EXTERIOR DOORS AND WINDONS ARE TO , OPEN 2 CENTERUNE.SIZES ARE BASED ON PELLA WIN[XNVS & OPEN d '4257 314 D AABC DOORS CONTRACTOR LS RESPONSIBLE FOR ROUGH , OPENINGS PER MANUFACTURER SPECIFICATIONS. Â¥'oftpmÂ®UR~REATJF 2*loN Hgl~ iN~ZY . ADU ST RAGE , (970) 429- 1286 ASPEN, CO Blel l TEMPERED GLASS WHERE REOUIRED BY CODE. RE: NI SERIES FOR ADDNNONAL INFORMATION , 6. PROVIDE SOUND INSULADON IN WALLS. FLOORS AND Ah__ , COUNGS OF ALL ROOMS: ALSO SURROUND2NG ALL MECHANICAL DUCTING.ALL PIPES TO BE wRAPPED , A '' " , , ' W/R25 INSULAINON. ALL TNTERIOR WALLS AND FLOORS TO HAVE A WN.2-19 BAIT INSULATfON i -7. *T~~EF~ t& NUE~~SG~N EliR ERSUNERS - ENGINEERS. -- 11 ; 1 0 8. REFER TO &6 SERIES FOR INTERIOR ELEVATIONS & ~ ~ -- ENLARGED PLANS ! - ' f LLI A ' W9 i 0 b 1.0 Z [1.1 -1 CE L.L.1 P 0 21 ADU - STORAGE LOFT FLAN Scale= 1/4.=1'-0' 9 0% 0 -10_' ~ Ld I '* 3 0% 3 01 64.8 ' -, 44.8 j \0327 2 i )97 2 - j /14.8 ~ 1 i U. Gfli Ma 7 li LL 6.- -- ; 1 1 ZO' 312 t =- - 4-1 i O 4,3-5 , -. \<357 - : ....i I 1 ' 1 ---4 1 __ -3 1 ~ -tf,) -~- * ADU NG 1 0 9 1 1 ADU T 99 0 ,--21 LU , 04 ADU EDROOM 0 4 1 / 1 atopÂ£ SLOPE / ._ ISSUED FOR DATr 9 :,2 1 CLOS 8040 " GREDâ€¢-E 03 23.10 ------- L --=-1-3-tut-43--111-22=3-1= M f\11 Wknijt -4- 1 T 1 i, 9 i 9 0 1 Ch 1 \<97 ; Chil i El?.Et*1-4â‚¬V- -M =+ A AL,Le, 0 :,1, 6 6 Rtly~~i A 01-*Iva ~ biWI ~ ADU - ROOF FLAN 11 ADU - FLOOK FLAN 0 1 Scair: 1/4~' = 1'-0 scate: 1/4-= 1-0 *2 . NORTH ARRON LL; . .41 T r - t dEDÂ» 1 I H.LAOS V â€¢311 GENERAL ELEVATION NOTES: 1- DIMENSIONS AT EXTERIOR DOORS AND WINDOWS GIVEN TO CENTERUNE. CONTRACTOR IS RESPONSIBLE FOR PROPER ROUGH OPENING BASED ON MANUFACTURER GUIDELINES.WINDON SES ARE BASED ON PELLA CONTRACTOR IS RESPONSIBLE FOR ADJUSTMENTS - ~ IN ROUGH OPENINGS. IF ALTERNATE MANUFACTURERS ARE SELECTED. WINDOW MANUFACTURER TO PROVIDE SHOP DRANINGS AND TO INDICATE TEMPERED GLASS WHERE REQUIRED Bf CODE. PRO/IDE SHOP DRANINGS FOR APPRWAL 2. DATUM ELEVATION 100-1- SfTE ELEVATION 803615 PER SUREY Err SGM 3. ALL GUTTERS AND DONNSPOUTS TO HAVE A DEDICATED CIRCUIT AND HEAT ~ TRACE FOR ENTIRE LENGTH. ALL DONNISPOUTS TO BE HARDPIPED TO DAYUGHT :4 COORDINATE DAYLIGHT LOCATIONS WITH ARCHITECT. 4. SNON GUARDS / GUTTERS / DONNSPOUTS NOT SHONN ON ELEVAT IONS RE: ROOF PLAN & COORDINATE WITH ARCHff ECT GALAMBOS ARCHITECTS INC. 314 D AABC ASPEN. CO 8I6II (970) 429-1286 t]Lr~ *do - - - 3%% W N'O 1 EE EE E r rdo 68 16// 1 b Y 5 O LL C. 1 41 / Z (Do 2 90-4 (9 0 UPPER LEVEL O al- 1 Ill - F/A/SH FLOOR /-~ -~ ' ~ " ~~~~~ ~ . UPPER LEVEL ..TDP-0.11.El.INCQD El= m'â‚¬ I I ../. F INISH FLOOR rlâ€¢ ENTRY ForER EBEHEE EBEBEE 0 L ./ I Lid / . I .... ENTRY FOY ER TOP OF PUWOOD -- --------EL-031----------~- ' ENTRY LEVEL ISSUED FOR OATE 1 ..).â€¢E 03.23.10 1 1 1 , 80â€¢40 GARAGE , , --Â·-Â·--Â·--* ENTRY LEVEL - TOP OF CONCRETE - -1-------------- -----------------'------- .---------~---.- - -- - -------- -- ----= ~ ~IKENE ZIELE JI I J~ m ~I .I- ~~E~~ ZEI -~E J J J Z ~I Z JIZ-- ZIEZZIC~~ Z - - Z -Z Z ~ J Z IC Z -II[:~ - Z ~~ - ------ - ---1 I '.. TOP-QF..El.NOW._ + - ' EL: 100â‚¬ 1 - 1 1 1 1 1 1 - ' LONER LEVEL ' FINISH FLOOR r~ i...TE-387 1 --------- ~ 724%50NORETE SPORT COURT r:------------------------ -------L------------------------------------2--------- ..~- FIN/SH FLGOR - +Limil 26849----' ~ ~ SPORT COURT -~.-12_Of- CQNCRELE./ 1 1 - i- - 2 EL: 84'-5 .---1----------~1-illillill---i------;-~-~-~~m--~I----1--I-------I--I--------;. i.- i 1_EXIERIQK_ELEMATION-NORTH-*TREET-ELEMATION AA3 P j Scale: 1/41~ = 1-0 1% .- - - Â¢-2 2 1- =2--21 30N3a 'N3dS hr GENERAL ELEVATION NOTES: 1 - 1. DIMENSIONS AT EXTERIOR DOORS AND WINDONS GWEN TO CENTERLINE. \ CONTRACTOR IS RESPONSIBLE FOR PROPER ROUGH OPENING BASED ON WANUFACTURER GUIDEDNES. WINDON SIZES ARE BASED ON PELLA ' CONTRACTOR IS RESPONSIBLE FOR ADJUSTMENTS j IN ROUGH OPENINGS,IF ALIERNATE MANUFACTURERS ARE SELECTED. WINDON MANUFACTURER TO PROVIDE SHOP DRANINGS AND TO INDICATE TEMPERED GLASS WHERE REQUIRED BY CODE. PROIDE SHOP DRANINGS FOR APPRO/AL 1- i +011 1 2. DATUM ELEVATION 100-0 -SITE ELEVATION 803675 PER SURVEY BY SGM 3. ALL GUTTERS AND DONNSPOUTS TO HWEE A DEDICATED CIRCUIT AND HEAT \ TRACE FOR ENTIRE LENGTH. ALL DOWNSPOUTS TO BE HARDPIPED TO DAYUGHT COORDNATE DAYUGHT LOCATIONS W[TH ARCHITECT. ./.11 - 11 4. SNON GUARDS / GUTT ERS / DONNSPOUTS NOT SHOWN ON ELEVAT IONS RE: ROOF PLAN & COORDINATE WITH ARCHITECT GALAMBOS ARCHITECTS INC. 314 D AABC ASPEN. CO 8 I 6 t / (970> 429- 1286 Clo LU J 1 0 %82 LL.1 2'0 m 13581 - Oc =30 bE 0 O LL Z coo 1/ ' UPPER LEVEL O al- FjNLSH FLOOR ,/--EffTiP--7------ ---- 0-1 ------------------------- . UPPER LEVEL \.TO-f-QC.-ar#200-__~- EL /1-6 ' ENTRY FefER ANISH FLOOR , /Eliva-F -/-/-/ft / ENTRY FOYER --- - -- - -- - - Â·Â·--- ---------j TOP OF PLYWOOD.._~- + -- ----------22 039- ENTRY LEVEL .SUED '02 DATE .*_FIN/SH FLOOR ' 0040 5 GARAGE GAâ‚¬Â£* 03 233 1 0 ENTRY LEVEL r -= - - + - - - -= -= -.r....................................... . ......... w .-_ -.-.- .-. - -. _ -- _~_-_.._7'*VQNBEJE P. ~ ED /00-~ 1 , i t - _TQP .OF_#?03~20-/ 2 i , i LOWER LEVEL 254400 - --0 LOWER LEVEL | ~ r'____________4 ' 1 ~Â·,TOP_QE.EDNCRETE -e- p..=Weillilillillill E---------------------------------1 EL 88'-2 ---=-- --- ---- ~-=--- -=-- - --=- =-=----=- -= --- - --=--- -~- -- - -- -= -= --- -=- - -- -- -----"~~-t~-1.k-7............---Uâ‚¬J,----Â·n SPORT C'OURT ,_fff__Ilf_# -- SPORT Ca/AT ~Â·.IDE-Qf...CONC-GOI. 4 r A. *CS : /1, in EXTERIOK ELEVATION - EABT A J.. C EL: 84'+5 V j Scale: 1/4~ = Y-0 i.-Ii,'.8,11* il 30N3 N3dSV hr GENERAL ELEVATION NOTES: 1. DIMENSIONS AT EXTERIOR DOORS AND WINDONS GWEN TO CENT-ERLINE. CONTRACTOR IS RESPONSIBLE FOR PROPER ROUGH OPENING BASED ON WANUFACTURER GUIDEUNES. WINDON SIZES ARE BASED ON PELLA CONTRACTOR IS RESPONSIBLE FOR ADJUSTMENTS 1-/ IN ROUGH OPENINGS.IF ALTERNATE MANUFACTURERS mE SELECTED. WINDON +4 i + Â¥25 WANUFACTURER TO PRWIDE SHOP DRAWINGS AND TO INDICATE TEMPERED +14 GLASS WHERE REQUIRED BY CODE. PRO/IDE SHOP DRAWINGS FOR APPROJAL 2 DATUU ELEVATON 2 QI - SEE ELEVAT;ON 803675 PER SUEVET BY IGM " 3. ALL GUTTERS AND DONNSPOUTS TO HNE A DEDICATED CIRCUIT AND HEAT #*jilid li TRACE FOR ENTIRE LENGTH. ALL [)0Â«NSPOUTS TO BE HARDPIPED TO DAYUGHT COORDINATE DAYUGHT LOCATIONS WITH ARCHITECT. 4. SNON GUARDS / GUTTERS / DONNSPOUTS NOT St*IN ON ELEVATIONS RE: ROOF PLAN & COORDINATE WITH ARCHITECT GALAMBOS ARCHITECTS INC. 314 D AABC ASPEN. CO 81611 (970> 429-1286 bio Wdo MWQ 40: (f) LQ-~ LL.1 2'0 PE] EE JO I -1 i EEB EE] EfF ZE Z (Do E-Â«f 1 ,// 1 , r -0- 1/ 1 / (DO FINISH FLOOR -i UPPER LEVEL O al- _ ---- ZI. IJZI. I.ZIZZE_____ _____ _'. UPPER LEVEL i \.AMP-GE.ELE#BOD-_-4~ , EL: ///'-6' 11 1 ENTRY LEVEL ISSUED FOR DATE , FINISH FLOOR 8040 i .,'EL-7mzy- - -- -- -+ - OPÂ£Â£-UNE 03.23.10 l "r~""i*Ii -iE :~Ei:22-EfiEE LEE I~ LiE LI E :IEI :E L~ E-EE ~IE~: F: :E-IES-E:i E-E--:~3 ~zE.:~~~:~ : -n..'~D~FlMf~E~WD + - 1 1 i i i ... GARAGE , - ...HE.Of. CONCBEJE-lh- ' ' ' ED 99-9 } - 1 1 1 1 1 1 1 1 LOVER LEVEL- ANSH FLOOR /2. i 1 1///D/Lr'#MI <. LONER LEVEL- 1 1 1 1 , \TOP-OF.2.NERETE 1/# lpti~mt=.1.1 Eb 88'-2 .0 1--8 *%@mearil . 1 EC*i~~ +r :==5-â€¢IT 5 1 ..FiNiSHILDOE -_ , - r------------------------------_LE ---------------------------------------- --, .1. EL: 84'â‚¬ . -r L-__-_----_----_-___--__-_-__-__-L-___--__-__-_----_-_---_----_-___--_----__ 'Â·. SPORT COURT '.TOP OF CONC-RELE.+ A3.3 11 EXTEKIOK ELEVATION - SOUTH -Ed-34; 5' -@ZiGE<-2,3~~ L J 30N30 ' N3dSV --4---- -14.-4---------------------- GENERAL ELEVATION NOTES: 1. DIMENSIONS AT EXTERIOR DOORS AND WINDONS GWEN TO CENTERUNE. CONTRACTOR IS RESPONSIBLE FOR PROPER ROUGH OPENING BASED ON MANUFAGURER GUIDELINES.WINDON SIZES ARE BASED ON PELLA CONTRACTOR IS RESPONSIBLE FOR ADJUSTMENTS IN ROUGH OPENINGS.IF ALTERNATE MANUFACTURERS ARE SELECTED. WmDOW MANUFACTURER TO PROÂ¢IDE SHOP DRANINGS AND TO INDICATE TEMPERED GLASS WHERE REQUIRED BY CODE. PROVIDE SHOP DRANINGS FOR APPROJAL 11NA. 2. DATUW ELEVATION 100-0 - SITE ELEVATION 803615 PER SUMEY BY SGU 3. ALL GUTTERS AND DONNSPOUTS TO HWE A DEDICATED CIRCUIT AND HEAT TRACE FOR ENTIRE LENGTH. ALL DONNSPOUTS TO BE HARDPIPED TO DAYUGHT COORDINATE DAYUGHT LOCATIONS WITH ARCHITECT. 61,4,4 i 4. SNOW GUARDS / GUTTERS / DOWNSPOUTS NOT SHONN ON ELEVATIONS m.,1 -Â£-â€¢ 1, ..1= 2 A RE: ROOF PLAN & COORDINATE WITH ARCHITECT GALAMBOS ARCHITECTS INC. 314 D AABC ASPEN. CO 81611 (970) 429-1286 b Lo W do GWE 32 I, -10 I-1 255z O LL 1. 1 (f) O 1 0- MO F/N/SH Flpoe - _.* _~ UPPER LEVEL 0 01- .r' EG Tir-9 UPPER LEVEL \, TOP_OF--ar#QOD __~_ EU tir-e 1 11 1 1 2 1 ENTRY LEVEL ISSUED 'OR DATE F/N/SH FLOOR 8040 1 I , ./ED-?007-32--Â·---Â·- GAEE= 03 23 10 IZZI.ZILIZI IT .Z.J......=2.-Z~.Z Z / 4,-Z I...ZE.Z...Z..Z....IZI~ZI III.ZI_ /_IZ_ 3_.ZE_/-_i:_Il:Il:JI'. Il__ELI:Â·E:.IZZ.. .I...........EZZ:.El...i:Z:ZI:ZE_Z:222.# I.I..._ZIEIZ_:222:Z:/.:n. ENTRY LEVEL , 1 + - t ' EL: KOO-0- IL-4.-311 ..lj 1 . / 11\ 1. 1 1 - I i .... 11 11 1 I 10=Mil i 1 1 ~ i - 1 1 1 - 1 1/1 1 1 1 1 1 1 LOWER LEVEL - 1 1 1 1 1 illillillillillilill LEVEL ..roP_GE- CONCRETE-*- ~~n.A -Ir--- , , , EL= 88-2 -11 EXTERIOK ELEVATION - WEST -66/2.-1/P-=-EG R. 1 ..1 4 1.4 3ON3a IS3hl 9141&1 010 ' 3dSV hr GENERAL ELEVATION NOTES: RE//6141 1. DIMENSIONS AT EXTERIOR DOORS AND WINDOWS GIVEN TO CENTERUNE. CONTRACTOR IS RESPONSIBLE FOR PROPER ROUGH OPENING BASED ON 11 ..1-11 11<.,-1,11% MANUFACTURER GUIDEUNES. WINDON SIZES ARE BASED ON PELLA CONTRACTOR IS RESPONSIBLE FOR ADJUSTMENTS IN ROUGH OPENINGS.IF ALTERNATE MANUFACTURERS ARE SELECTED. WINDON MANUFACTURER TO PROVIDE SHOP DRANINGS AND TO INDICATE TEMPERED :1 ~1 14 GLASS WHERE REQUIRED Bf CODE. PROVIDE SHOP DRMINGS FOR APPRNAL 2. DATUM ELEVATION 100=0 Â· SETE ELEVATION 803615 PER SUMEY Bf SGM 3. ALL GUTTERS AND DOWNSPOUTS TO HAfE A DEDICATED CIRCUIT AND HEAT .7/7.1 3 TRACE FOR ENTIRE LENGTH. ALL DONNSPOUTS TO BE HARDPIPED TO D,(fLIGHT . 1 -102=.1 f- 1 41 COORDINATE DAYUGHT LOCATIONS WITH ARCHITECT. 4. SNON GUARDS / GUTTERS / DOWNSPOUTS NOT SHOWN ON ELEVATIONS GALAMBOS RE: ROOF PLAN & COORDINATE WITH ARCHITECT ARCHITECTS INC. 3 l 4D AABC ASPEN,CO 8 1611 (970)429-1286 LU -| %82 U) or < -10- 11 Hilly/ ~r I l l lit Illt H U LUI liF 11 H LU Il Il J -1 - - IF 1 1 ImP 1 1 NI r---1- I l l l 1 1 11 1 /1 tl 1 1 [WI 'l' Illn 1 11 1. 1.1 .1 11 I ... u LL - -LE .1 1.1./ 0 z AS}U , 12*Â·4~0* - - + O 82 .Â·- .Â·- ............ _- _- ..... ......... ..... -~IZ~CZZIELIZ:JIELI:ZIEZZLIZZI: I:Z:~Z::Z:LZ::Z:JZ::11Â·:~ZI:Z::Z::I:-ZIÂ·I~~~-~ZIII--+IIZZI~CIZJIZ~~ZII< ADÂ£/ '\.T.92-QE.-PLYW(ED-_ + -1 ADU ADU EL: 9-6 - EXTEKIOK ELEVATION - WEST - EXTEKIOK ELEVATION - SOUTH \ 4 r---gapaN-vi;ue-~ 3 j ScaE. 114Â» = 1-0 ISSUED FOR DATE 8040 _I'll'..._22./.12- tnzy/.2/\ - I " / \11 - 1 1 1 - =i = =ZAEL FINISH FLOOR \.72_QE.fLE#00,0 - +1~1 ED //7-6 ADU ADU - -; EXTEKIOK ELEVATION -EAST -~ EXTEKIOK ELEVATION - NOKTH -71~ 1-523,PEE.7:37~ ip.3.5 rt-1 U. ill- . r 6- 7 - ..2 1 1 6.1-123 3-I, r ' - 2 3ON3aIS3hl ONIEI 1 I H.LAOS V 0100 ' N3dSV Parcel 4. The detached accessory dwelling unit is located behind the residence in the southern portion of the property. A large terrace, which abuts the debris flow deflection 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 the ADU parking area will be provided via the Parcel 5 access easement and the driveway to be constructed therein. The ADU access stairway 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 V.B. of this application. 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 roof 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 and non-reflective metal roof. An Exterior Lighting Plan and fixture cut-sheets are attached as Exhibit 2, Appendix D. As discussed previously, the Community Development Department has determined the maximum allowable height limit for Parcel 5 to be twenty-eight 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. 19 V. REVIEW REQUIREMENTS The proposed development is subject to 8040 Greenline Review, 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. He) 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. All entities and subcontractors involved in the construction of the proposed residence will be required to strictly adhere to the Covenant's requirements. 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. The proposed development will also be subject to the City's TDM/Air Quality impact fee. 20 2. Building height and bulk will be minimized and the structure will be designed to blend into the open character of the mountain. The proposed residence has been designed, to the extent feasible, 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. The immediate site area is essentially built out, and the proposed residence's height and bulk is consistent with neighboring residential development. 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 arguably is not required. COMDEV has determined, however, that review pursuant to the Residential Design Standards will be consolidated with the P&Z's review of the Applicant's request for 8040 Greeenline Review approval. The applicable Residential Design Standards, and the proposed development's compliance therewith, are summa- rized 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 21 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 residence' s north facade is located within two degrees of a straight line connecting the parcel's streetfront property corners. 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 practical ability exists, therefore, to locate a minimum of 60 percent of the proposed residence's front facade within five feet of the front yard setback line. 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 10 percent of the proposed development's above grade square footage. This review standard, therefore, has been met. 22 5. Section 26.410.040.C.1.a., Parking, Garages and Carports. Parking, 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 doors. 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 be more than one story in height. The proposed residence complies with this standard as it includes a one-story, covered entry porch containing fifty square feet with a depth of six feet. 23 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 Story 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 roof constitutes a first story element the width of which is 20.1 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. This standard does not apply as the proposed residence does contain lightwells on its street facing facade. 24 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 460 square feet of net livable area, approximately one hundred square feet, or 22 percent of which is contained in the unit's closets and storage area. 25 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 shower. The unit's utilities will be separately metered. 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. 26 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 the 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 27 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 behalf of the Applicant are required. 28 APPENDIX A EXHIBIT EEJ CITY OF ASPEN PRE-APPLICATION CONFERENCE SUMMARY PLANNER: Drew Alexander, 970.429.2739 DATE: 3/01/10 PROJECT: Loring House, Lot 5 REPRESENTATIVE: Jodie Fielding, 970.429.1286 OWNER: Lodng TYPE OF APPLICATION: 8040 Greenline ESA, RDS Variance for Building Orientation/Build-to Lines DESCRIPTION: The owner has proposed changes to a single-family residential project with pre-existing approvals. The home received 8040 Greenline approval and Residential Design Standard Variances for Build-to Lines and Building Orientation under Resolution No. 18, Series of 2008 by the Planning and Zoning Commission. The building permit was cancelled and the home now has minor changes that require revisiting Planning and Zoning for the same approvals. The building orientation has been slightly altered and the project still does not conform to the build-to lines requirement. Staff determined that the site and structure changes were significant enough to deem necessary a new 8040 Greenline review. 8040 Greenline Review and the Residential Design Standards are handled by the Planning and Zoning Commission. Community Development Staff is recommending a Parks Department referral that will be included with the review fee. Public noticing is required. Below is a link to the Land Use application Form for your convenience. http://www.aspenpitkin.com/Departments/Community-DevelopmenUPIanning-and-Zoning/Title-26- Land-Use-Code/ Land Use Code Section(s) 26.304 Common Development Review Procedures 26.435.030 8040 Greenline Review 26.410.020.D Residential Design Standards, Variances Review by: Community Development Staff for complete application Planning and Zoning Commission for 8040 Greenline and RDS Variances Public Hearing: Required Planning Fees: $1470 for a Minor Application Review. This includes six (6) hours of staff review time. Additional time over six (6) hours will be billed at $245 per hour Referral Fees: $212 for Parks Minor Review. Total Deposit: $1,682 Total Number of Application Copies: 13 Copies Includes appropriate drawing for board review (HPC = 12; PZ = 10; CC = 7; Referral Agencies = 1/ea.; Planning Staff = 2) To apply, submit the following information 1-1 Total Deposit for review of application. 1-1 Pre-application Conference Summary. E Applicant's name, address and telephone number, contained within a letter signed by the applicant stating the name, address, and telephone number of the representative authorized to act on behalf of the applicant. 1 Street address and legal description of the parcel on which development is proposed to occur, consisting of a current certificate from a title insurance company, or attorney licensed to - practice in the State of Colorado, listing the names of all owners of the property, and all mortgages, judgments, liens, easements, contracts and agreements affecting the parcel, and demonstrating the owner's right to apply for the Development Application. 0 A site plan depicting the proposed layout and the project's physical relationship to the land and its surroundings. 1-1 Completed Land Use application and signed fee agreement. I-1 An 8 1/2" x 11 " vicinity map locating the subject parcels within the City of Aspen. El Thirteen copies of the Land Use Application and all additional letters, maps, and agreements. [73 A written description of the proposal and a written explanation of how a proposed development complies with the review standards relevant to the development application Â£ Proposed elevations of the development Additional materials for 8040 Greenline Review: 1-1 Accurate elevations (in relation to mean sea level) of the lowest floor, including basement, of all new or substantially improved structures; a verification and recordation of the actual elevation in relation to mean sea level to which any structure is constructed; a demonstration that all new construction or substantial improvements will be anchored to prevent flotation, collapse or lateral movement of any structure to be constructed or improved; a demonstation that the structure will have the lowerst floor, including basement, elevated to at least two (2) feet above the base flood elevation, all as certified by a registered professional engineer or architect. 0 A description of proposed construction techniques to be used. Â£ Plan with Existing and proposed grades at two-foot contours, with five-foot intervals for grades - over ten (10) percent. 0 Exterior lighting plan showing location, height, type and luminous intensity of each above grade fixture. Additional materials for Residential Design Standard Variance: [-1 A neighborhood block plan at 1" = 50' (available from City Engineering Department). Graphically show the front portions of all existing buildings on both sides of the block and their setback from the street in feet. Identify parking and front entry for each building and locate any accessory dwelling units along alley. Indicate whether any portions of the houses immediately adjacent to the subject parcel are one story (only one living level). E-1 Roof plans 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. EXHIBIT 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. Titie 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: k 9/ -r-/ 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 301.-- Ian Loring 5 Polo Field Lane Dedham, MA 02026 (617) 312-6664 EXHIBIT EF-1 LAND USE APPLICATION APPLICANT: Name: /44 AA/0 /44/Leâ‚¬.4Â£ 60/va-A Location: /0*50Â£64 -Tbr CF 64/41 9-bryÂ»/1 5141 (Indicate street address, 1~ & block number, legal description where appropriate) Parcel ID # (REQUIRED) 2737/83-2322LBS REPRESENTATIVE: Name: 9-2>kIA.-H \"+1 4 \JAH 14 &43Mgr es C.Ls= Address: 72* a.+P rf 'UL Â«ve.,4reR 1 Phone #: *5 -4918 PROJECT: Name: Address: Phone #: TYPE OF APPLICATION: (please check all that apply): Conditional Use [3 Conceptual PUD U Conceptual Historic Devt. Special Review Â£ Final PUD (& PUD Amendment) U Final Historic Development Design Review Appeal U Conceptual SPA D Minor Historic Devt GMQS Allotment U Final SPA (& SPA Amendment) U Historic Demolition QS Exemption D Subdivision E Historic Designation ESA - 8040 Greenline, Stream U Subdivision Exemption (includes El Small Lodge Conversioni Margin, Hallam Lake Bluff, condominiumization) Expansion Mountain View Plane Lot Split U Temporary Use [E[ Other: Lot Line Adjustment m Text/Map Amendment ,/12*W'':E54,bqi /01&5/44/ f/TWY-1 rihvt'DC Antlb / EXISTING CONDITIONS: (description of existing buildings, uses, previous approvals, ete.) ZOefE .Â·9Â°Ft} 06-T-/ â‚¬*1 PROPOSAL: (description ofproposed buildings, uses, modifications, etch , I 6,/Re#JE- rÂ»-1 leÂ¥' 1929 ne,-1-ce / ria#*c,#ar> ARE Havpyou attached the following? FEES DUE: $77ZSrC- MPIe-Application Conference Summary ,i 68-2_ [*I'litachment # 1, Signed Fee Agreement Eliesponse to Attachment #3, Dimensional Requirements Form [i>Kgponse to Attachment #4, Submittal Requirements- Including Written Responses to Review Standards m[El Kl~E]C][3[3 EXHIBIT Fri ATTACHMENT 3 DIMENSIONAL REQUIREMENTS FORM pÂ»sts:. r:,/'Â¢:zEÂ£- C , 723P eF /4 /GL 4LbCS/-:hA.//9641 ApplkantÂ· /514/ Â·04Â£#p'/64/1~55Â£225 gO,r/A47 Location: Zone District: Â£55 2 6,;2(727 Lot Size: 32> adc Lot Area: ,0Â«4 (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 ofbedrooms: Existing: Proposed -23-7 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: Side Setback: Existing: Required: Proposedl Side Setback: Existing: Required: Proposed: Combined Sides: Existing: Required: Proposed: Distance Between Existing Required: Proposed: - I3uildings a:EE AM=FLJÂ«T toLl Existing non-conformities or encroachments: Ak>AE Variations requested: /92447964774*,266Â£54 608'%~*~1~4796 EXHIBIT B CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT Agreement for Payment of City of Aspen Development Application Fees CITY OF ASPEN (hereinafter CITY) and 1AH Cs=>n, hld,1 (hereinafter APPLICANT) AGREE AS FOLLOWS: 1. _ APPLICANT has submitted to CITY an avolication for 294<b elrsâ‚¬*16, Ve Medi â‚¬>ID (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 o f 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. -/ j' 42Â§-2. 5. Therefore, AP P~ANT agpees that in consideration of the CITY's waiver of its right to collect full fees prior to a detprmination of application completeness, APPLICANT shall pay an initial deposit in the amount of L -- ..31vhich is for 6 hours of Community Development staff time, and if actual recorded 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: %1 53;01~0) Chris Bendon \/14 Community Development Director Date: Billing Address and Telephone Number: Required â‚¬6 ftle:> Flay-> 6,0-le rce*MN . +-4,4 02-02Â£34> g:\support\forms\agrpayas.doc *.1+3 -5/ 2--44â‚¬-4- 11/30/04 EXHIBIT Easy PeelÂ® Labels 1 A I Bend along line to ; f-7 Use AveryÂ® Template 5160Â® ; Feed Paper expose Pop-Up Edgeâ„¢ J 5TH AVE 106 LLC 911 SOUTH MILL ST LLC ASPEN SHAW PROPERTIES LLC C/O CRAIG COHN C/O FRIAS PROP TOMC PO BOX 61347 PO BOX 394 730 E DURANT DENVER, CO 80206 VAIL, CO 81658 ASPEN, CO 81611 ASPEN SKIING COMPANY LLC ASPENITALL LLC BENNETT WOOD INTERESTS LTD PO BOX 1248 3755 NE 214TH ST PO DRAWER 1011 ASPEN, CO 81612 AVENTURA, FL 33180 REFUGIO, TX 78377 BORNEMAN BRADLEY A BLEILER JUDITH A BRIDGE TIM LOUGHEAD EDWARD PO BOX 10220 303 BROADWAY # 104-126 PO BOX 552 ASPEN, CO 81612 LAGUNA BEACH, CA 92691 BOYERTOWN, PA 19512 CADER ANDREW CANAS HUGO CHILDS INVESTMENT COMPANY C/O STIRLING HOMES 922 S MILL ST #2B 0284 CR 102 600 E MAIN ST #102 ASPEN, CO 81611 CARBONDALE, CO 81623 ASPEN, CO 81611 CITY OF ASPEN CJW ASPEN LLC DESTINATION HOLDINGS FIFTH AVE LL( ATTN FINANCE DEPT 2572 NE MILDRED ST 333 RIVER VALLEY RANCH DR 130 S GALENA ST â‚¬ JENSEN BEACH, FL 34957 CARBONDALE, CO 81623 ASPEN, CO 81611 â‚¬- FALRIDGE LTD ELLERSTEIN DAVID FAGIEN DEBRA C/O OATES KNEZEVICH & PO BOX 552 18620 LONG LAKE DR GARDENSWARTZ BOYERTOWN, PA 19512 BOCA RATON, FL 33496 533 E HOPKINS AVE ASPEN, CO 81611 FINKLE ARTHUR A & AMELIA FORT BERNARDO & LAURINDA SPEAR FREEDMAN MICHAEL W & NANCI 2100 PONCE DELEON BLVD #901 3315 DEVON CT 32460 EVERGREEN RD CORAL GABLES, FL 33134 COCONUT GROVE, FL 33133 FRANKLIN, MI 48025 GOERES NANCY GUEST KELLEY & CATHERINE HIBBERD LORNA W FAMILY TRUST 826 SAVANNAH AVE PO BOX 5578 PINE ISLAND PITTSBURGH, PA 15221 CARMEL, CA 93921 RYE, NY 10580 IMESON PATRICK IRVINE JOHN ALASTAIR JP INTERESTS LLC BARRENA VICTORIA CP 2097 140 RUA ALVA C/O LOCKE LIDDELL & SAPP LLP PO BOX 2720 PARQUE ATLANTICO QUINTA DO LAGO 301 COMMERCE ST STE 3300 ASPEN, CO 81612 ALMANCIL 8135-024, PORTUGAL FORT WORTH, TX 76102 LLOYD DAVID ASSOC LKGCO LLC M&WLLC CAVALIERS CT 2100 WOODSTOCK RD 3092 EDISON CT - OXSHOTT ROAD LEATHERHEAD GATES MILLS, OH 44040 BOULDER, CO 80301 SURREY ENGLAND, KT220BZ Easy Peelw Labels A Bend along line to i ~ AVERYÂ® 5160Â® t Use AveryÂ® Template 5160Â® ~ Feed Paper expose Pop-Up Edgeâ„¢ J MAYER ROBERT G MCVICKER JULIET MEHRA RAMESH TRUSTEE 350 SE 28TH AVE PO BOX 567 3115 WHITE EAGLE DR POMPANO BEACH, FL 33062 MIDDLEDURY, VT 05753 NAPERVILLE, IL 60564 NAKAGWA MICHAEL F MOSTELLER DAVID MURCHISON ANNE A TRUST AGUILERA DENINE 2601 S QUEBEC ST #6 PO BOX 8968 922 S MILL ST #3 (C) DENVER, CO 80231-6039 ASPEN, CO 81612 ASPEN, CO 81611 NEVIN KATHLEEN M PARCEL 4 TOP OF MILL LLC PARCEL 8 LLC 351 MONROE ST PO BOX 989 301 COMMERCE ST #3300 DENVER, CO 80206 COUNCIL BLUFFS, IA 51502 FORT WORTH, TX 76102 ROANOKE INVESTORS LP REARDON DIANA RUNAMOK LLC 109 CLUB CREEK CT PO BOX XX 1647 E MAPLEWOOD AVE PO BOX 17 ASPEN, CO 81612 CENTENNIAL, CO 80121 ST ALBANS, MO 63073 RUTKOWSKI AMY SANS SOUCI ASPEN LLC SCHALDACH NANCY REV TRUST 922 S MILL ST #4D 10463 LA REINA RD 785 UTE COURT ASPEN, CO 81611 DEL RAY BEACH, FL 33446 ASPEN, CO 81611 â‚¬ SMITH CARLETON K SMITH FREDERICK P & ESTHER B SOL HOLDINGS LLC CO MCVICKER JULIET 5454 WISCONSIN AVE #1300 800 S MILL ST PO BOX 567 BETHESDA, MD 20816 ASPEN, CO 81611 MIDDLEBURY, VT 05753 SUMMIT PLACE CONDOS TCF MANAGEMENT CORP TOP QF MILL INVESTMENTS LLC C/O PETER S HEARST 801 MARQUETTE AVE 3245 ELLA LEE LN 747 S GALENA ST ATTN PAUL BRAWNER HOUSTON, TX 77019 ASPEN, CO 81611 MINNEAPOLIS, MN 55402 TOP OF MILL MASTER ASSOC TOP OF MILL INVESTORS LLC TOP OF MILL LLC C/O FRIAS PROPERTIES PO BOX S 211 NORTH STADIUM #201 730 E DURANT ASPEN, CO 81612-7420 COLUMBIA, MO 65203 ASPEN, CO 81611 TOP OF MILL TH HOA TYLER SANDRA SCOTT TRUST VELMAR A COLORADO CORP 1000 S MILL ST 2190 ALISOS DR 400 E MAIN ST ASPEN, CO 81611-3800 SANTA BARBARA, CA 93108 ASPEN, CO 81611 WAPITI RUNNING LLC WEISS AUSTIN R & REBECCA L WENDROW NADENE 50% PO BOX 1003 922 S MILL ST #1 (A) 425 N FEDERAL HWY ASPEN, CO 81612 ASPEN, CO 81611 HALLANDALE, FL 33009 ttiquettes faciles & peler , Repliez & la hachure afin de 1 www.avery. com i A Sens de i Utilisez le gabarit AVERYÂ® 5160Â® chargement rA,Her le rebord Pop-Upâ„¢J 1-800-GO-AVERY A Easy PeelÂ® Labels | A I Bend along line to ; ~ AVERYÂ® 5160Â® | Use AveryÂ® Template 5160Â® , Feed Paper expose Pop-Up Edgeâ„¢ , A ZUCKER HOWARD B & DEBRA L 107 S MCINTYRE WAY GOLDEN, CO 80401 â‚¬ A ttiquettes faciles & peler sens de Repliez & la hachure afin de I www.avery.com 1 Utilisez le gabarit AVERYÂ® 5160Â® ; chargement râ‚¬v*ler le rebord Popupâ„¢ 1 1-800-GO-AVERY 1 APPENDIX B EXHIBIT i - 97 E-1 L._> - i \ 1- - -1637--tiff~--- -7 ~f,</1 li 3 -LPE ao. au petxwr# C-4 11 1---Â£447mliblf ' . '.1 80. 0 armur 14533' LL' ~ '~91-1~ - N - 0 0. 9644 =%37' N7500'0074 r- 77.68, -Â· . r *,-13' 142,46, FND PIr Nâ€¢,i * tteâ‚¬# il â€¢:8â€¢ LS.707 ; 4 - 3 - - 71 1 1 -0. 3 : m.-7-- -ia, 4 SITIiÂ¥ .i i/ 1.751 SQ.fr. 5 .' i '/ PARCEL~ 14)0 n - -.>,lih 3 00Â·J -1.5 VICINITY MAP A / //.A ...Ty 76 a -_ 6., 175 b 1"=4000' 1 1 1 1 ~ -EASEMENT h 41 0/,4 t''e/- DEn ECT]04 WALL J 4 ~2 4 , f 40Â¢7 986 GRAPHIC SCALE % Le : M â€¢ e e - . 1 3 //# 1 m ' t '' i . PARCEL #1 ' ~1 1 *h = 40 1, C IN FEET ) ,/i 4 j/ =if 48.323 8 Fr , i /" 6 6-'6.1 1 4/4"'. ' :Mr. / *U- --Dozze/4,9 Â»AL. ~ 6 IP /' 3.:Â·*16 i.O.11 -R N83Â·51'10-1 -Â·.48/23*2 ' 4 1 /7/' 7 41-58 \ DErLECION WALL S. 6 10Â· TOP Of // ~ LS:90*0 s~,E'.7-.M~~-'' _- * 0 9, t.. 4 ,\. /5 U ;7'9 A /4. 7 7&41Â£ 2>,SEWefT 2 . Ny. ~ SEE PLAT NOTE â‚¬ Re MÂ«94 Â·U I. Â«- . Â·77Â· ' 4--- 7-%- f..3Â» .4 j. 2 3 ; '- ./ 092: Pe /Ifus e \ 6 5 - - N 7 , N74Â·30 \ "U Cr, --,-W. AP. r 92.03 -5 2-;76 '22 "AT - k-jâ‚¬*af f--7 0'4'*L,7.55 13 '* j ela- 2. e .2 . 1 , ELE'ENT 049%3 1 - - -- r, 1 23Â£11Â£4.1. FWD 0/ REW' 60.0. '7 ../ f / + . ' tf273- 42> - 0 S ZI PARCEL #2 ~ cs ms 43 PARCEL 118 24~2-1--- 0/ 0 , - N / I 0 4, 1 - i:ks 4/ 15' 26,273 SQ. FT. . * 0/,0. DEFLECTON */41 , / 1 Â· ~25' um,r,Â· 9.- el > 8&361â‚¬NT Y \\0 L ; - i '; PARCEL R ': . 5 4 1. - 0/. - 40 th L - -9.411?923-1-2.J 4 589Â·31Â·087,Â· * / :/0 \ 'e OPEN SPAâ‚¬EA 0 / 7- - rÂ·-- ---32'.~PANY' f 'St Ut:7-"1 . 5802' L.' 5/004*7 20 '* f /0. V-In :7--- #SEMENT- PARCEL A *Â· LS 23. UNE TABLE CURVE TABLE 10,085 Se. FT. 1% 1 1 -- N75Â·02 36519 . 20,51 UNE LENGTH SEAR,NG CURVE RAD.US LENGTH TANGENT CHORD BEARING aEY Di i.. I -h Â£7 5.07 S06'0850'W C f 78.94 28.07 14.19 27.93 S04Â·38 03'W 20 22'33 -12 2- 58' 445-00'001 02 40.00' 56.44 34.07 5~ 87 52536'00-E 80Â·50'39 ! b -4 2.- 4.2,23.3 k 7 52.84 27 56 51.77 N45Â·58 17-W 40Â·06 05 - U 0.84 N33-33 59 7 53 75 501 1 1 91->3.16 F Ll 1711 Nâ‚¬3-26'031 04 75 50- 118 84 75.74' ?06.95 N:9'NO'18'E 90'1 i '05' ' S65Â·46'42' 4.- \?t...9-yum=,; 4Â» Lf 1 :6 25. 8 9,41-76*74 (5 7550' 29.40 1489' 29.21' 385-45'231 2'2'8'37- 05 75.50 24.81' 4.52' 24./9 N7340'35 E 38'49'28 . 20.05 929-56'161Â¥ 07 52 5C 24 10 12.27 23.89 56 ;'2633Â»E 26 18'23 42> Â· C.>9 / 9 13,6.5039. Fl~ i 18 34.62 129-56'76* 9 59.50 5852' 32 722 55 54 5 76'27'452 633 , 33" '44 f EASIVENT ~ ~,~ PARCEL #3 Di & ~ -242 + 424' s:..... â€ž 2015, LS 3 .24' 567Â·48'1â€¢E .09 52 5C 69.15 40 63' 64.26 553Â·18'721Â¥ 7528'02. 4 1642. - -56?ok. - , CASEMEIT ' L,O 25 96' Cio 90.50Â· 48.80 25.or 48.21 N50-3426'W 30'53'48 N74*36'05'W N57.46'37.E Â· DEZZ-COOV Â»!44. 40~6' / 22.2.Â· CE * I 15- FRCNT YARD- :11 2 92' 575-00'001 01 25 00 35.27' 21.29 32.42 525Â·3621 BO'50'39 Â·Â·Â·a< -SETSACK 01'le/) Â· ' iF . L!2 2797' NOS/'251 0-12 99.10 92.64' 50.84 88.65' N28*38'02-E 58-39'02 LS 2376 -- p 1 2/ ....J i ~i .. / A 5, ~9~36 0 1 r--4- '4. 1 -5 Set- 2 6 Â·Â· 25 17.08' NO:2*20 0074 6. r unup * .: . 51 PARCEL#7 \ 9.0 */ 1 9- 64 41Â«*t *f /.2.4/,f PARCEL #6 808' N 15'57'251 C .t 4 67 -50 19 64' 9 99 79 77' 566Â·10137 1 6-50'22 L13 8 00 2,74*02'35# 0.3 90.Sc 30 7~ 15.50 30.55' S8419 091 !9'26'08* 41 ' [O.I:7 Se Fr. I 4.46 ' 4Â£55 EASE?127,Â» 4~3-;t L 75 26.88 515-00 00'W 05 67 50' 56 09' 29.78' 54.49 81653'1;E 4r36'39- Jkor L FOR PARCEL 5 & 2 -3.4. \ / 216 :3 37 N41'4 600~W ('6 5500' 18 53 935' 18â€¢4 S62'39'21 'lE 19Â·18'02- --3 91 - , 4 1 PARCEL #5 Le#emy end Noid,s. . , 4 ZE 2015 -,;, 442' 4 DEFLECDON WALL f . 8 R L /2 26.72' N.29-56'16.W 08 53.62' 60.99 34.24 57.76' 953'12'54'w 645535- 4 4 & 4 .77Â£/.fy EASEMIE .+4b, L?7 12.17' N7436 05*W Ct7 67 50' 64.2 1 34.77 51.82' 557 723Â©y 9-30'73- - 0 indicites fount #5 rebor one Mostk coo os dek.-zoed - * /,dicoles set eneÂ·nument. /5 ,â‚¬bcr or.d Yedow *lost,â‚¬ \ . 2/Â·51 .29 70.38 574-59'-2 E 09 29.to' 48.39' 32.17 43.49 568-13'541 94*57'34- CÂ«. 090, L 5. 73710 -14 6 1 10,806 Se. Fr _~ Ck- ~ 3 9 : 9.87 :'446Â·38'3614 C~0 47 50' 108.03 1 02.59' 86.21' NOO'52'0â‚¬W 730-72,39 :20 $ 2.8 2 - I LS .70Â·P /.2 t 2.W N26-52-507 Â£22 36.10 S,4.50-49'~W C22 78.94' 18â‚¬3' 9.36 ' 18 58 ' 512' 18'49 "E j 3Â·3 i '09 - Becrings cre re:otiÂ·ie te o teer:.9 of S â€¢5Â·101 r * 36-60â€¢ feet 021 6800 48 022 25 06' 47.03 54547'301 40Â·27'39' betweed ye;41% pestic cop 010 t.5. Numbed and reber found of SE 4224>45- 4 ~?f,zi-rac,v 45*u-Â·F ~ x i.3 PARCEL #4 corcer block 90. Ory (f A.spen, cod NÂ© 5 <ter end picstic cip L 3. 201.51 found on southri//ery g.d of S /900 00 W 12377 Se, FT. l 23 27.96 A;15-57'25-E C.23 72.50 19.09' 9-60 19.04' N67Â·29'54-W 15-05'25 31 9......3920 2,0 74 30 1 8 567'46'37*N 224 3250' 75.27' Â· 820 75.70' A:657: 33"' '743'70" \#Â· n DEÂ·na-420,: 1 \ k 4.26 8 00 N.'5-57'25E 2 / .4 :25 25.61 N74'02399# surveyor . letermhe 0*nersh,p or tc 'scover 02 49 - 7 2 605emeMS Or Gthe encumbrances o' recoid. Al l27 8 00 ,474-52'3914 : <4... ':torÂ·nothr pe,to':'09 +I ownership. eller.â‚¬rk or ahe/ 09 :3 73 :475Â·02'36"W 1027> .00 230 75 95' 4Â·73-JU'037 e.Â·/I.b,coce. ct record h" Deer le#,en from o ;-ifle 1""""c- co"mitment Issued by FRK.in County Tdle Ec .3~ 1793Â· 503-21 92N dated U Ses. 2000 No Pe 75602t-2 02 Â·5.56 3 10-02439/ - Proposed def;ection wons ace Enow. b.- lus!rctive purposrs r- - 04 0â€¢9 4.-â‚¬ 5.bject 16 cheoge Brier tO Const-,ction Â£33 39 10' AL.35-2 7'361Â¥ 471099 torepir Boundary d B:Alding Se,bockÂ· 20.02 6 1 746'4â‚¬W P.,/ 4 of 27 1 lilli E .11 /011 01 08/ 16/2,02 02:150 .- Lju N 75-; 0'4 1 79 61Â¥10 DAâ€¢,IS PIÂ¥Kâ„¢ COUN7Â¥ CO . 270.00 . 0 00 ~ ' ~ '~Aspen Sking Com.ocrâ€ž Eosemint L36 20.57' Ste58'271 37 77.96' N39-48'577 ~f~ seer 50) Eosemeni .40 66.,3 46 T.47'281 L 43 1,65 N 15-49 501 Atwic.' NOU- REISK/ OATE B. 20 Ne. 2000-140 Aceording t Ockrodâ‚¬. LoW, ycu nut SCHMUESER GORDON MEYER TOP OF MILL Â» 6 ce:Nner.r_e Cnr }egO Octier, t,Ji,4 upeÂ© cry c.* ,-Â· ./ rurve -7,6,7. thi- .0~ 0/fer 118 W. 6â„¢ STREET, SUITE 200 - .~77W1.L Dawn by. AJD C2 79:j "'S~ c>,CC/6- Suc,rÂ· 4,57'ec~ h ng eve.;t GLENWOOD SPRINGS, COLORADO 8 1 601 Dott 07/09/02 frâ€¢;Dy ocy %ego. octer. tosec 'pon ony *b,Ct i. At.~ 5./.el I. I.-.v,e.lilli .... 'll' re. (9707 945- 1004 FAX (970} 945-5948 OF 8 ........ rt. A..9 5/ I. )...tÂ·or .... SCHMUESER ~ GORDON | MEYER ASPEN. COLORADC {970) 925-6727 SUBDIVISION/PUD 5 4.-/Cr CNG;NIERS . SURVE'ORS - B.,nat ./19,@914*130,1 ...O/3-SUWD , 6......d N14Â·50'492 SOUTH , srf&/" 00 .S':92Â· i /uus\$40 -1\*W* Si.k~t 0~4 bu- *~d. 9/ Ai~ m. 11 'bun. &* I-J. U~ AJ' 4~U 1 1 40... 1-, EXHIBIT F71 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." 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 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. 471101 Page: 1 of 5 1- -1-- 11 --M-- -=- limm liliii li11111 1-11 08/16/2002 02.35F SILLIA [AVIS PITKIN C.J TY CO R 25.00 0 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 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 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 ....%Ne 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 bea waiver or a relinquishment for the future, of any such provision. If ally 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 tenn 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:Z0 00'GZ 8 AiNAQO NIMLIc SIAea WI11,9 0 13 1 1-ill_ 1~'- fillill'll lilill'll lilli lill- lil'll 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:<fUL) fÂ«u_ David Parker, birector CITY: CITY OF ASPEN, a Colorado Municipal corporation By: ~ ,~< .**f**+f-<-1 Pria<Narne: H-6\-e-,~EAJ# tfli-*der Luz>~ Title: H ALF< ATTEST: 1~/D-44--f- 4 1 1 V IA Â£ 5 94-44 'Kathryn S. Koe~ dity Clerk APPROVED AS TO FORM: 1 1 .. . st{ f 3 1L.q)4~ JghnÂ· Wdkeest;k' dity Attorney 111 1111.11 -1111[lilli 11-lili lilli 11111111...I ll.1 08/16/2002 02:35P 471101 Page: 3 of 5 BILLIA DAVIS )ITKI 4 COU TY CO R 25.00 D 0.00 79320-1 3 STATE OF COLORADO ) ) SS. COUNTY OF PITKIN ) The foregoing Easement was acknowledged before me this gth day of August 2002 by Dhvid Parker as Director of Top of hli09?NM~ LLC, a Delaware limited liability company. AN-:Â·~Rlik 1#04 Alki . Witness myhand and official seqll HJ y orilff .n Z M My commission expires: 4 -0 1. . Notary f'.316.Eby â€¢ Viv STATE OF COLORADO ) 11/09/2002 MYCOMMISSION EXPIRES ) SS. COUNTY OF PITKIN ) A The foregoing Easement was acknowledged before me this Â£04[ day of Al/(01//4 52002 by l.le/1~> +1. Va_lin jAL,440#d as UATRE of the City df Aspen, a Colorado Municipal corpor*0~*Â¥-ii~ Witness my hand and officipl seaJ.8 2, JACKIE r n My commission expires: 1 T /~ 1 hâ„¢,AN j Ut , 7 , <~(611.3 ~â‚¬#iXIÂ¥Ubcl-,L, Not. [Acknowledgements on Next Page] 11 Ill 1111 lili 1111111 lilli 111 lit 08/16/2002 02:35F 471101 Page: 4 of 5 SILEIA DÂ· US PITKI-it COLNPY 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 AulÂ¢1+ 1 G , 2002 in Book 6 2 at Page 4 as Reception No. 4-11 094 COUNTY OF PITKIN, STATE OF COLORADO. 471101 1 jilill Imill ilill'Ill lill lillill ilill ill ilill ilill lill Page: 5 of 5 08/15/2002 02:35P SILVIA DAVIS PITKIN COUNTY CO R 25.00 D 0.00 79320-1 5 .\ \2293__2~ -- - .2:@FL ... - EXHIBIT 7996 m P L 4 N \4 a re- 1-1 8012 arÂ·'. 21\441 \11\ L GRAPHIC SCALE *i-i\-h N p 1 â‚¬100\ '1 . 1 1- ( iN FEET ) â‚¬24 1 f 1 inch - 30 1 0- 98, n 0.J \2.=3= ' SCALE: 15 30' 20 \ ,03 g \\ 1 25922 -8032 - 20.4.-- \\ \,\ 80* \ C,-06.-- ------ -1---Ii--1 -Â£1---IX-*- \ AEÂ«-2--- Â»91 1 -9 (1, \ 1 \. 7 42 4 li - ti__~ -----Â«~Â«~Â«ftj - ~ =~F~~~v ----42 A-.-- - doll h lur- \ d \ \ CP \ \\ 424 \ 1 Â«01 1 e- \ ao,O 0.-e ---- \0 -0: 1 1.-//- --83 72-evl~i 0- rp=- 4/ Â· .6 4- 8034 46, 1 1 i.,EL~44,~~ . A_ --7 \ 13 1 %\\\ 1 1 1 -L - \\ 1 (/2 /9/76Â« . 11 1 \ -,lillf //2 \\2 PvIS 94 9 =10\ 11,11 i Cn CP\ \ 944-. F /1. 1 \ ; f, , /''i 11 9 \ , --1 1 0/ 0 1 1 Â·O C ' - X , \.\1 1 2 y 11\ \1 0949// '. \ 11 \1 O \ '04 4,o 1 0\ i\l< 11I\l\ .1 i \ t -2 \+ \ *42- d,4 ---1-----*---- 1 +4 1< 1. i 4 ~ f -- h\ \ ~ \ '\ \ i C \ i \ ' \\ 1 1 1-4~t (.0-, f 8024 1 1.7 j/i / flfi:.ili /\ 1 1 \'Ir f 1 + Mi :6004 587./ l \\\ 111 \,1 1 \ f /Nh It #\ , i i 11 1 \ \ 1 i !~ \ 1 I Ch\ \1 .\\ \ \ h. i il// 1 11\ \ f 2/1.j %\ 1 1,1 -4 11 1 1 \ imal - \ 1 j)1 St 2 3/W// I NOTE: 1 TOPOGRAP-f IS BASED ON CITY OF 41 - 1.4, ASPEN 1975 AERIAL MAPPING AND RECENT PELD SURVEY FOR AREAS THAT HAL NOT CHANGED SiNCE 1975 BASED It THE BASIS FOR ESTABUSHING NAIL_RAL ) ON EX,5-iNG VEGETATION -to36 ~ ~ 1 2) THIS GRACE INFORMATION FORMS /2, 32 1- %. GRADE FOK PURPOSES OF MEASUP/45 BUILDING HEIGHTS. \ E 1 THE BOUNDAR- HAVE BEEN Of RL_ BE \P ./. 1 REMOvED. 3) STRUC TURES SHOWN HEREON Â£/1â„¢IN h 0-\ \ 471099 804, -*go" + 8 â€¢' 27 */0,14610*IvvolÂ£410 â€ž co,6 03/1&/20*2 82.18â‚¬ 1040 -=0634 SCHMUESER GORDON MEYER *SA- REVISION gaTE 6% Jot 40 2000-140.003 6 1 1 8 W. 6â„¢ STREET. SUiTE 2Â©O TOP OF MILL T FUNAM PLAT SUEWAWON . 5/31/02 . -ar .0/5-/7 br (3 GLENWOOD STÂ»18NGS, COLORADO 81601 2 44/ PIA.7 RESUet(159/ON 7/76/07 T j.' 1975 TOPOGRAPHY Oare 5/31/02 (970) 945- 1004 FAX (970) 945-5948 ASPEN, COLORADO (970> 925-6727 3 RECORDANON SEr 8/7/02 TJ SCHMUESER I GORDON I MEYER CRESTEÂ© BUrTE, CO (970) 349-5355 SUBDIVISION / PUD or H OF 8 ENGINEERS 5 SURVE'ORS E-maa: Ingine'.12,9,4*eor' 7 Sor- Il-03- 73DJPO 8076 /6 61/*76 Ituout..... ..'1$,i#.'1... 1.1 i. I..... I.V.U. h,.. I. A. ... 'r J.m. .... hah /6 ... ./. I f >p- 4-I. f/77Â» 3s 8 62 FY f Â»33 - I i . j ' . '34 ~ PARCEL 79-, ~ L 4 252 84. FT. 7 - . GRAPHIC SCALE 1 0 f.. 4 '20 4 FF ...7 -3~/1 GNP 0 - 19% 99 1 ( IN FÂ·EET) 1 inch = 30 K 1 7.F - 6006 11 1Â·lEi . GAi , 6 - 8053 3 -: 1 7- F 42- D.. Pâ€¢E-.. 7~F 11 3,Â£7 .rom, rzo' ..10 Â·ex # O. C.Al.! I ! DPr*ELI mF'gi. SEE OE;* /24 1 ./. 4,13Â· ~ i 70 -1 ~it Z --,3 -- 1 RCEL #1 : 48, FT. .Ry'.EL. <'PIC.') 09 37,0.(/ 15,0 k./Â£-W FOUND'DON :i' 1 t OyAâ‚¬*? n - 8.5. WfF - E f.2 ;80' - / I FF - Se~E G./ F r. . ... GE,Â£276* i ; Â· Â·\ 41= -eoh.... . -' ...WALL v.. . 0 90 . \.. 1: rey~ .775 \ 2,0/ I .1 . ,/h 3916 - .F. - 802,- 7--\ ' ?.- / -d' 18. \ t / 4 . 4 . Â·AÂ·Â· 1 I r 02 '.1 - / IP>' I ... --1-1 :' N ' 7. 1 - 0 -iii. /-- y yi / / 1 Â·d i k. 1 1 1 '>9'09 '- rO / O - i / AP Â·- / Â·i 1 - .4 H 1 -6 I. /' 1.-"4 SUL ' PARÂ©Ei #2 -. 1%> C B<l/? :. # -7, ~ ... \ 74 - 7- r. Stft 1 # W.ALL - t 26 273 SQ. FT. \ / / Â· 'Lt.35 \ -1 *Ati - L ~Â« 2 1 7 1 - fÂ°f-fljrgE *1 - li \\ 30 ' ; 49,446 Se. FT. \ A / 1 + . . 1 - 1 4% r / 7.2 9 I 1 14%9 -R 19 \ i.i- -4 -4.--.-1. h \ , 1 I ./ 4 45, 1 '1 ~ - 134â€ž' - 00;z * 91 -1 ' . \01\\ 1 , 1 1 \ i \ 1 d:Pr -22 -- - I ---- -/ ---- - 1 1 ' 1 185\Fl-- , 1 - ~- Â· , 1 #9401- I .- B ' \ r /34Â« Col-â‚¬5,4 5 1 f /706Â· #Â·00<1 W'-H t 2, I -1.. I -- M i if 9 - - - Ifl / Â«l<-22 C CD â‚¬> -4*~aa-/ , 0> r\ . 1 0 .. :.% 9 -0 - CEL #3 .1.3 1 - 3 / IFT - 15,65 FI . 9 --Â·4_ ' 1/ r DEFLECÂ·NON ~ -- VY .i , \ 7- WALL , Â·i. PA/?CEL\~6 \ i l \ 1 8.15 7 Se Â·Â· ~0 - 4- # -h. WALL HEIGAT ABO~,E 0 EXIST?NG GRADE / U t- Â·b- , (TY?ic,0 -3 -9 j. ,Â· k f.. ~\~)< i ~Â·fo PARC /4 Â»5 DEFLECTK,N WALL ~~- i t040 ' DEFLECTION - ., 77 SQ. FT.~// DFECTÂ·ON -_Ii- ~---A ~ WALL 471099 WALL -- NCE , 1,31'll. 0 ,#1 UND . 9 DEFICTiON WALLS. AND SITE WALLS ARE SHOWN FOR INTENT ONLY LOCAT~ONS AND PME d ' 60 18/16/2002 02,1. 80-. C ...0 OF CONSTRWOON ARE CONTINGENT UPON 6 \ CONSTRUCTTON [lUiNG CF INDIVIDUAL 'ARCELS 0 ::4 v - 2) CONSTRUCTION DETAIL FOR DEFLECTION STORM SEWER MANHOLE 6 ' Â·Â·Â· WALLS MUST GE SUBMITTED PRIOR 10 BuiLDING WITK BOOT & COVER .0 FOR FUTURE EFTENS/ON. 9.0......5 PERMIT APPROVAL PLUG UORIA ONE SCHMUESER GORDON MEYER %& REVISION DATE Sy a '2 2000-140.003 1 $ 8 W. 6TH STREET, SUITE 200 TOP OF MILL 1 FINAL FLAJ SIBUSSON W 1â€¢102 1/1 GRADING & Brown by TJT - C4 6 GLENWOOD SPRNOS, COLORADO 8160 ! 2 nMAL PLAT RESUGMGSON */U UT DRAINAGE OPete 5/31/02 SUBDIVISION / PUD 3 RECORD'DON SE' 8/7~02 UT PLAN 00 1PE OF ~ (970) 945- 1004 FAX (9701 946-5948 ASPEN, COLORADO (970) 925-6727 File 2030-%40-9. SCHMUESER I GORDON I MEYER CRESTED BuTTE. CO (970) 349-5355 I ENGINEERS 6 SUIVEYORS E-n./el,inee,@Egn'...lin LS TIIA 11111 0 ...\1;00 5./.va,â€¢â€ž,VIA. ./ ...'.9 .-11 hil ........ 1 2.. Â·./. ./. I. ...... I.U.IN, Hi>., 0/Oe 1 . ''*4* 2240*4* pt:-9 11 4 1 156 36 13 A.Ae.. 806.6 2 16 12 'PA-<9- (9701920-1125 ..UL,-@.0,4,a.*d January 16, 2007 Ms. Joyce Allgaier, Deputy Director City of Aspen Community Development Department 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"). Parcel 5 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 SubdivisiorVPUD 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, 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 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 residence would be subject to: (a) the City's rules for calculating floor area and height that 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. el/30/2007 11:129 533922 Page: 1 of 2 JANICE K VOS C U.:-L r ITKIN -3Lr.TY CÂ· R 11 .00 D 0.00 Ms. Joyce Allgaier ||~|Il .WHINE ~ P#/: Zof 2 533922 January 16,2007 JANICE K VOS CAUDILL 11.00 D 0.00 01/30/2007 11 : 12I 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 10 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 sci. ft. of floor area, as specified in the original Top of Mill Subdivision/PUD approvals and in the Subdivision/PUD Agreement. Thank you for your assistance in this matter. Please do not hesitate to contact me if there is anything else you require. Very truly yours, ALAN RICHMAN ELANNING SERVICES AL L Alan Richman, AICP 1 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»up- uo,r , D++1 Dire44 4- Chris Bendon, Director City of Aspen Community Development Department \ 1 \-Â¥ lo-Â¥ EXHIBIT VANN ASSOCIATES, LLC Planning Consultants May 8, 2008 HAND DELIVERED Mr. Chris Bendon, Director Aspen Community Development Department 130 South Galena Street Aspen, CO 81611 Re: Parcel 5, Top of Mill Subdivision/PUD Dear Chris: The purpose of my letter is to request your confirmation as to the maximum allowable height for a new residence to be constructed on Parcel 5 of the Top of Mill Subdivi- sion/PUD. Based on my research, I believe that the appropriate height limit should be 28 feet. The Top of Mill Subdivision/PUD was approved by the City Council on March 11, 2002, pursuant to Ordinance No. 7, Series of 2002. While both the ordinance and the recorded subdivision/PUD agreement both establish the allowable floor area on Parcel 5, neither document addresses the parcel's maximum allowable height. Both docu- ments also state that the subdivision/PUD was vested for a period of three years commencing on March 11, 2002. The subdivision/PUD' s vested rights status, therefore, expired in March of 2005. The subdivision/PUD approval was processed pursuant to the June 1996 reprint of Title 26 of the 1995 Aspen Municipal Code, including all amendments thereto through Ordinance 50-98. As you know, the State statutes permit multi-step land use applica- tions to be processed pursuant to the regulations in effect at the time of the submission of the initial application, in this case the project's 1998 conceptual PUD application. Pursuant to Section 26.28.190. D.7. of the then regulations, the maximum allowable building height for all development within the L/TR, Lodge/Tourist Residential zone district was 28 feet (see Exhibit 1), and both the subdivision/PUD's conceptual and final PUD applications specifically include this limitation. As a result, the 28 foot height limit was clearly vested until 2005. 230 East Hopkins Ave. Â· Aspen, Colorado 81611 Â· 970/925-6958 - Fax 970/920-9310 Mr. Chris Bendon May 8, 2008 Page 2 In December of 2000, the City Council amended the L/TR zone district's maximum height limit. Pursuant to Ordinance No. 56, Series of 2000, the allowable height for "detached residential dwellings" was reduced to 25 feet. The prior 28 foot height limit, however, was retained for all other permitted development. Pursuant to Ordinance No. 5, Series of 2005, the Council further amended the L/TR zone district regulations and changed its name to L, Lodge. The ordinance also eliminated single- family and duplex residential structures as pennitted uses within the zone district. While the 28 foot height limit was retained for multi-family structures, the prior 25 foot height limit for detached residential dwellings was eliminated. Three single-family residences and a duplex have been constructed or are under construction on Parcels 3,4,6 and 7 of the subdivision/PUD. An application for 8040 Greenline and Residential Design Standards review has been submitted for Parcel 5. Only Parcel 8, which is also approved for a single-family residence, has not been developed to date. Six multi-family free market units and four multi-family affordable housing units have been developed on Parcels 1 and 2, respectively. As the attached building permits/building plans and elevations indicate (see Exhibit 2), the duplex on Parcel 3 and the single-family residence on Parcel 6 were both permit- ted in 2004 (i.e., prior to the expiration of the subdivision/PUD's vested rights) and built to the 28 foot height limit. The single-family residences on Parcels 4 and 7 were permitted in 2007 and are presently under construction. Both of these structures are also being built to the 28 height limit. As no height limit for single-family residences was in effect at the time their building permits were issued, it was appar- ently concluded that the prior 28 foot approval should govern as the Zoning Enforce- ment Officer signed off on both permits. Given that the current L, Lodge, zone district does not contain a height limit for detached residential structures, and that all of the detached single-family/duplex structures in the subdivision/PUD have been allowed to build to the previously approved 28 foot height limit, it seems only fair that Parcel 5 be afforded the same right. The Top of Mill Subdivision/PUD is arguably common law vested given the extent to which existing development has occurred, and no reasonable public purpose would appear to be served by restricting building height on Parcel 5 to 25 feet. Based on the above, I would appreciate it if you would sign below, stating that the City concurs that the single-family residence on Parcel 5 may be developed with a maximum building height of 28 feet, measured pursuant to the applicable regulations in effect at the time of building permit submittal. Mr. Chris Bendon May 8, 2008 Page 3 Should you have any questions, or require additional information, please do not hesitate to call. Both David and I sincerely appreciate your help with this matter. Yours truly, VANN ASSOCIATES, LLC ~Sunny ~inn, AICP SV: CWV Attachments CC: David Finholm I hereby concur that the single-family residence to be developed on Parcel 5 of the Top of Mill Subdivision/PUD may be developed with a maximum height of 28 feet measured pursuant to the applicable regulations in effect at the time of building permit submittal. 0Â« /ke 50 Chris Bendon, Director ~ Date Aspen Community Development Department d:\oldc\bus\city.ltr\ltr52307. cb 1 APPENDIX C RECEPTION#: 550327,06/18/2008 2 EXHIBIT 09:28:58 AM, 1 OF 4, R $21.00 Doc Code RESOLUTION Janice K. Vos Caudill, Pitkin County, CO F71 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 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 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 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 of three (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 APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION: 0 ---. - 3~ D) (i,LaÂ» /tity Attorney Brian Speck, keti~~Chair J ATTEST: 44022*04 KL r Jackie Lothia~Deputy City Clerk U Attachments: Exhibit A: Survey of existing site, Proposed Site Plan EXHIBIT A: Survey, Proposed Site Plan , , TW OF VIi 920 0 ---4--4 6.4-4-- - A. A ", 'fi...5.. PAACS. 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A. ~-- el #< 1 1429 2. 6 1 30.70 1 15 3,0 Â¢ , 1.-4 1 1.-8, i :21.2 - /h ' Site Pfan.14 Roof ur=:WrSCALE FORM X:r S>IEEYS 5,1/-60Â·8=/LE FoltÂ·ft- fr Rer, d. 1 N'.n EXHIBIT r-1 DEVELOPMENT ORDER of the City of Aspen Community Development Department This Development Order, hereinafter "Order", is hereby issued pursuant to Section 26.304.070, "Development Orders", and Section 26.308.010, "Vested Property Rights", of the City of Aspen Municipal Code. This Order allows development of a site specific development plan pursuant to the provisions of the land use approvals, described herein. The effective date of this Order shall also be the initiation date of a three-year vested property right. The vested property right shall expire on the day after the third anniversary of the effective date of this Order, unless a building permit is approved pursuant to Section 26.304.075, or unless an exemption, extension, reinstatement, or a revocation is issued by City Council pursuant to Section 26.308.010. After Expiration of vested property rights, this Order shall remain in full force and effect, excluding any growth management allotments granted pursuant to Section 26.470, but shall be subject to any amendments to the Land Use Code adopted since the effective date of this Order. This Development Order is associated with the property noted below for the site specific development plan as described below. 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 approvinR 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. 4)liflfilLlihocikefjillto:> 5Of 1,:51Â¥\, / 3Â£FOR d, vo ~4>1/ ~, ~AUG. 18. 2008 4:29PM ASPEN PITKIN CNTY HOUSING NO. 2325 EXHIBIT ACCESSORY DWELLING UNIT DEED RESTRICTION PURSUANT TO SECTION 26.520 OF THE CITY OF ASPEN MUNICIPAL CODE THIS ACCESSORY DWELLING UN]T DEED RESTRICTION is made and entered into this ./25"day of -000'6#9-, 2008, Ian and Isabelle Loring ("Owner"), for itself, its successors and assigns, for file benefit of Ihe City of Aspen, Colorado, a municipal corporation and the Aspen/Pitkin County Housing Authority ("Authority"), a multi-jurisdictional housing aufnobty estabUshell pursuant to the THIRD AMENDED AND RESTATED INIERGOVERN- MENTAL AGREEMENT recorded on January 8,2003, at Reception No. 477066 of the records of the Pitkin County Clerk and Recorder's Office. WHEREAS, Owner owns that parcel of real propeIty located at 934 Top of Mill Street in the City of Aspen, County of Pitkin, Colorado, more specifically described in Exhibit "A", attached hereto, upon which the Owner intends to conslruct a single-family residence and a delached, one (1) bedroom accessory dwelling unit ("Unit"), which Unit shall contain approxi- mately five hundred and thirty-five (535) square feet of net livable area; and WHEREAS, Owner agrees to accept and impose certain conditions on the use and occupancy of the Unit as an accessory dwelling unit under the Aspen Municipal Code. NOW, THEREFORE, in consideration of the mutual promises and obligations contained herein, the Owner hereby covenants and agrees as follows: 1, The Umt as identified hereinabove shall not be condominiumjzed and, if rented, shall be rented only in accordance with the Aspen/Pitkin County Employee Housing Guidelines ("Guidelines") as adopted and as may be amended from time to time by the Authority. 2. Owner need not rent the Unit; however, when rented, only "qualified residenls", as defboed in the Guidelines, shall reside therein and all rental terms shall be for a period of not less than six (6) consecutive months. Owner shall maintain the right to select the qualified resident of its own choosing when renting lile Unit. An executed copy of all leases for the Unit shall be submitted to the Authority within ten (10) days of the approval of a qualified resident. 3. The covenants and limitations of this deed restriction shall ron with and be binding on the land for the benefit of the City of Aspen and the Authority, either of whom may enforce the provisions thereof through any proceedings at law or in equity, including eviction of non-complying tenants. 4. It is understood and agreed by the Owner that no waiver of a breach of any term or condition as contained in this deed restriction shall be constnled to be a waiver of any breach of the same or other term or condition, nor shall failure to enforce any one of the terms or conditions, either by forfeiture or otherwise, be construed as a waiver of any term or condition. -- RECEPTION#: 552044, 08/18/2008 at 10:45:00 AM, 1 OF 4, R $21.00 DF $0.00 Doc Code DEED RESTRICT Janice K. Vos Caudill, Pitkin County, CO AUG. 18.2008 4:29PM ASPEN PITKIN CNTY HOUSING NO.2325 P. 2 IN WITNESS IIEREOF, Owner has placed its duly authorized signamre hereto on the date described above. OWNER: By:Jkabe -111 LA-,- 2 Ian Loring By: / 4- Isabelle Lorikg Mailing Address: 5 Polo Field Land Dedham, MA 02026 STATE OF MASSACHUSETTS ) t Ar AL j ss. COUNTY 111Â£42*42.LA. ) The foregoing instrument was aclmowledged before me this day of f / -U-Â«4 .. 841 2008, by Ian and Isabelle Loring. Witness my hand and official seal. My commission expires: /014*07 /4, 20 (5- A 1440 Notagkblic 1**2],p-07*/9 *#146 1*-231 (.i(1*))31 COMMODIZAR OF WASBACHUSETTS ~ March 12.2015 i. 381'.A 2 AUG. 18.2008 4:29PM ASPEN PITKIN CNTY HOUSING NO.2325 P. 3 ACCEFrANCE BY THE HOUSING AUTHORITY The foregoing Agreement and its terms are accepted by the Aspen/Pitkin County Housing Authority, THE ASPEN/PITKIN COUNTY HOUSING AUTHORITY By:, C./fliti':rid; 22009622,6,4277 Sheft-Senzene, Chairperson rho.,6 cw- 6,05 6. 47 9- STATE OF COLORADO ) ) SS. COUNTY OF PITKIN ) The foregoing instrument was acknowledged before me this 1% day of /~0~CAJ *--3- 2008, by Shmt:Xmztme, Chairperson. ~ 14 YÂ« 1-4,~v.4 ;A 1,- Witness my band and official seal. My commission expires: ~CINDERENISEN I NOTARY PUBLIC I | STATE OF CR!-9RAD-9- ] My Commission Expires 07/22/12 Notary Public~ 3 , .AUG. 18. 2008 4:29PM ASPEN PITKIN CNTY HOUSING NO. 2325 P. 4 EXHIBIT "Al LEGAL DESCRIPTION: PARCEL 5, TOP OF M[LL SUBDIVISION/PUD, A PLANNED COMMUNITY, according to the Final Plat for Top of Mill SubdivisioWPUD. a Planned Community recorded August 18, 2002, in Plat Book 62 at Page 4 as Reception No. 471099, 4 A APPENDIX D EXHIBIT r-1 SUBDIVISION/FIJI) AGREEMENT FOR TOP OF MILL SUBDIVISION/PUD THIS SUBDIVISION/PUD AGREEMENT ("Agreement") is made and entered this 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 Developmenâ‚¬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 Plat thereof filed October 3, 1988 in Plat Book 21 at Page 35 ("Top ofMill"); 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 of a Final Plat for Top of 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 WHEREAS, 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 El 111.111 lilli l lilli 111111111 08/ 16/2002 02: 27; ~ 471100 Page: 1 of 47 SILVIA D VIS PITKIN COLNTY 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 authority of 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 maintined, and TOMI is prepared to provide such guarantees as hereinafter set forth. NOW, TIIEREFORE, 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 1 li lli 11111111111111 lili 471100 Page: 2 of 47 ~I 08/16/2002 02:276 SILFIA [AVIS PITKIN C.X TY 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 ofthe First Amended PUD Agreement, as amended by the Section M Amendments, that a new PUD Agreement be executed at the time offinal 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 ofthe First Amended PUD Agreement and the Section M Amendments, which relate in any manner to Top of Mill. In the event of any inconsistency between the provisions ofthis Agreement and the provisions ofthe 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 ofthe First Amended PUD Agreement, as amended bythe Section M Amendments, which relates to Lot 1, 2,4, 5 or 6 ofthe Aspen Mountain Subdivision/PUD, unless expressly revoked or modified hereby. All provisions of 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. 03 Resolution and Ordinance ofApproval. 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 ofResolution No. 01-50, adopted on May 29,2001, the Aspen City Council granted amended conceptual PUD Development Plan approval for Top ofMill, 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 of2002, adopted on March 11,2002 and recorded April I 9,2002 as Reception No. 466392 ("Ordinance No. 7"), the Aspen City Council granted Final PUD Development Plan and Subdivision Approval for Top ofMill. 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 Mills (ii) rezoning of that portion of Top of 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 Review; 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 of 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 3 111 11 lilli -2 1111111111111-1 471100 Page: 3 of 47 08/16/2002 02:27F SILLIA C.,US FITKIN COL..TY CÂ·v 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 of 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 ofthe April 2000 reprint of Title 26, Land Use Regulations of 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 ofthis Agreement and the provisions of Ordinance No. 7, this Agreement shall govern and control. Â¢63 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 ofMill to be recorded contemporaneously with this Agreement. (ii) Minimum Lot Size. A reduction in the minimum lot size requirement. The size of Parcel 9 and Open Space Parcel B shall be as depicted on the Final Plat for Top of 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. le) 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 viewpIane 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 1 111111111111111111111111'llilli 08/16/2002 02:27F 471100 Page: 4 of 47 S-LVIA DAVIS FI-KIN COL..-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 o f such standards. la) Vested Rights. In accordance with the requirements of C.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 of Mill. 2.2 Development Approvals. Top ofMill has been approved for subdivision into eight (8) development parcels, identified on the Final PIat 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: (a) Development on Parcel 1. Approval is hereby granted for the development of 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 of27,000 square feet. TOMI shall further subdivide Parcel 1 bythe creation of a common interest community. Prior to the conveyance of any interest in Parcel 1, 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 1 in the office of the Pitkin County Clerk and Recorder within one hundred eighty (180) days of its approval bythe Community Development Director. IfTOMI fails to record the approved plat within one hundred eighty (180) days following approval bythe 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. (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 and the fourth unit shall be a four-bedroom unit having no less than 1870 square feet of net livabIe 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 38181-16 5 471100 ikuiumm~.4 miKimi1m~i Page: 5 of 47 08/16/2002 02:27F SILVIA DAVIS PITAIN CO-NTY 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 shall 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 1/17m 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 ofthe 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 ofthe 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 ofthe units (and designate the unit to be purchased). However, the buyer chosen by TOMI must be a fully qualified employee under the category for the unit chosen; i.e., the potential buyer 38181-16 6 471130 liuitmillililminlilimmilimilmilli 08/16/2002 02:27F Page: 6 of 47 SILVIA DAVIS PITKIN COUNTY CO R 235.00 D 0,00 EXECUTION COPY must meet income and asset requirements, meet minimum occupancy requirements, 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 of four bedrooms and no more than 4,500 square feet offloor 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 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 TOM[ shall be required to submit a new plat to the Community Development Director for approval. (i) Accessory Dwelling Unit on Parcel 3. One (1) of 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. (e) Development on Parcel 5. Approval is hereby granted for the development of 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 2.20), below. (f) 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 08/16/2002 02:27F Page: 7 of 47 rnI INTY 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 owner's election under Section 2.2(i), below. (g) 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. 04 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. ti) Accessory Dwelling Units on Parcels 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. If a cash in lieu 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. (j) Exemption from GMQS. The thirteen (13) free market units approved for development on Top of Mill as hereinabove described are exempt from tile 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 tile 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 1 111111 lilli 111111 111111111 ~111111 lilli Ill lilli lili lili 08/16/2002 02:27F 471100 Page: 8 of 47 SILVIA DAVIS PITKIN COUNTY CO R 235.00 0 0.00 EXECUTION COPY (k) 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). 03 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) off-street parking spaces shall be provided on Parcel 3; and two (2) off-street parking spaces shall be provided on each of Parcels 4 - 8. (m) Common Access Drive-way, 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 of 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 ofMill Street", to be extended from theÂ·existing terminus ofSouth Mill Street. TOMI has dedicated onthe Final Plat, for the benefit of owners of Parcels 2 through 8, their guests and invitees, a perpetual non-exclusive easement for all ingress and egress purposes upon Top of Mill Street. TOMI shall be responsible for the construction of Top 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. (n) 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 11111'l lilli lilli lilli lili lilli lili 11111111 lili lili 08/16/2002 02:27P 471100 Page: 9 of 47 SILVIA DAVIS PITKIN COUNTY CO R 235.00 D 0.00 EXECUTION COPY 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 ofMill 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 of 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 Parcels 4-8 shall be the responsibility of 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 ofMill 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 ofMill Trail Easement in 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 ofthe 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 of Mill 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 li li 1111 lilli 111111111111111111111 08/16/2002 02:27F 471100 Page: 10 of 47 SILVIA DAVIS FY-KIN COL.-Y CO R 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 ofthe 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 of Top ofMill Trail Easement. If TOMI has not improved the Top o f Mill Trail Easement as required herein at the time the public dedication becomes effective, TOMI shall deposit into escrow with the City ofAspen sufficient funds, in an amount determined by the City, to pay of the cost ofcompleting said improvements. If said improvements have not been completed within five (5) years ofthe 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 or otherwise, the funds deposited into escrow by TOMI for this purpose shall be released to the City and TOMI shall thereafter be relieved of any further obligation to improve the Top of Mill Trail Easement. Upon recordation ofthe 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 I 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 of 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 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 Agreemenf'). 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 of 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 Mountin Trail Easement Agreement. Upon recordation of the Aspen Mountain Trail Easement Agreement, the Aspen Mountain Trail Easement depicted on the Final Plat shall 38181-16 11 * mi ll'Ill ilill illl 1111111 ilill ill li~11111 illi 08/16/2002 02:27F 471100 Page: 11 of 47 -- - I -- EXECUTION COPY automatically be vacated and replaced by the Aspen Mountain Trail Easement described in the Aspen Mountain Trail Easement Agreement. 03 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. 03 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 ofMill shall comply with the Environmental Health Department's woodbuming stove/fireplace regulations in effect at the time of issuance ofthe applicable building permit. ts) 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 improvement 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. CY) 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 pennit 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. (u) Park Development Impact Fees. 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. (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 I 1-111-IT.' - Ill -11-I lll Ill Ill I Ill Ill lilli lil i-] 08/16/2002 02:27F 471100 Page: 12 of 47 SILVIA 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 ofthe appropriate City Department and/or utility/service district prior to commencement of any work within a public right-of-way. (x) Damage to Public Rights-ofWay. TOMI shall repair anypublic right-of-way damaged during construction on any Parcel within Top of Mill prior to issuance of a certificate of occupancy for any structure on said Parcel. Cy) 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 pennitted on Sunday. li) 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) In#astructure and Removal of Fill. TOMI shall have the right to apply for pennits 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. (Ce) 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 ofAspen 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 ofdesigning 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 1: li li 111111111 lilli 11111111111 lili 08/16/2002 02:27F 471100 Page: 13 of 47 S.LVIA DAUS PI-KIN COL,. ,-Y CO R 235.00 D 0.00 EXECUTION COPY the infrastructure has been constructed at Top of Mill, TOMI shall connect the Top ofA/till 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 of the 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 o f 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. Eff) 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 ofsuch a system above Top ofMill, 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 ofthe 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 of TOMI and the City. Ifthe 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 ofthe proposed development of Top ofMill to the Engineering Department at the time of building permit application. 0*4 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*h) and 2.1(b)(ii) and (iii) above shall be binding on Parcel 9. 38181-16 14 471100 1 111111111111111 lilli lili ll'll'llilli 111111111Ill lili 08/16/2002 02:27F Page: 14 of 47 rn 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 IN_ID Development Plan for Top of Mill, which is attached to and recorded as a part of the Final Plat. (a) Excavation and removal ofapproximately 28,000 cubic yards of excess fill to bring the site back to the base elevations utilized in the site grading plan. (b) Construction ofapproximately 1,000 linear feet of sidewalk 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 of approximately 1,200 linear feet of new curb and gutter along the west side of the South Mill Street as well as along Top of Mill Street. (f) Construction ofapproximately 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 TV 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 of4,500 square yards of asphalt or concrete paving. 00 Construction of approximately 500 linear feet of 4-foot wide gravel path within Top of 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 ofCost prepared by Schmueser Gordon Meyer, Inc. dated May 31,2002, acopy ofwhich is 38181-16 15 11[.111.. 111111 111.111111111111111Ill lili lili-I -- 471100 Page: 15 of 47 08/16/2002 02:27F SILV A DAVIS PITKIN COUN-y CO R 2-15 0,8 n m In 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 hereoÂ£ 2.5 Landscape Plan and Related Costs. TOMI shall install alllandscaping 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 oftwo (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 of such landscaping is caused by individual property owners. After installation and initial grow-in of 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 of implementing the Landscape Plan and for assuring the success of said landscaping for a period of 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 hereofby 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 of the current estimated cost of 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 of 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 of the landscaping improvements (including 2 yeaIS of maintenance thereof), 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) forthe 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.e., 125% of $55,887.00) for the 38181-16 16 lil li 1-111 1-11 lilli 11111111111 08/16/2002 02:27F 471100 Page: 16 of 47 SILLIA CAL:S FIT IN COLKIÂ¥ CO 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 ofCredit for Parcel 1 shall be provided to the City at the time of building permit application for Parcel 1. The Landscaping Letter of Credit for Parcel 2shall be provided to the City at the time ofbuilding permit application for Parcel 2. The Landscaping Letter of Credit for Parcel 3 shall be provided to the City at the time o f 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 ofCredit 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). (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 of 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 of 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 ofthe 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 ofthis 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 of this Agreement, the City Council shall notify TOMI in writing specifying the alleged non- 38181-16 17 471100 Imalimllimililiall.mimimmit~. Page: 17 of 47 08/16/2002 02:27F R 235.00 D 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 ofthe receipt of such 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) Whether 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 of 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 oftime 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 ifTOMI demonstrates by a preponderance ofthe 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 ofMill Construction Schedule. Development ofTop ofMill 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 ofinfrastructure and removal of fill any time after approval of 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 of this Agreement and the Final Plat. 38181-16 1 1111'l lilli 1111'l lilli lili '111111 lilli 111111111 Ill lili 08/15/2002 02:27F 471100 Page: 18 of 47 SILVIA DAVIS PITKIN COUNTY CO R 235.00 D 0.00 ...1. lilli-'11-11311.1111|11.111.1111111111111 lilli 08/16/2002 02:27F 471100 Page: 19 of 47 S.LV_A CAVIS Fi-KIN COLN1 ' CO R 235.00 D 0.00 EXECUTION COPY (c) TOMI may submit building pennit applications for the improvements to be 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 of occupancy for any townhome unit to be constructed on Parcel 1 shall 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 of such Parcel has paid the applicable affordable housing impact fee. To the extent of any conflict between the terms of this Agreement and the provisions of Ordinance No. 15-02, this Agreement shall govern and control. ARTICLE 3 GENERAL PROVISIONS 3.1 The provisions hereof shall be binding upon and inure to the benefit of TOMI and City and each of their respective successors and assigns. 3.2 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 thereof in any circumstance is invalidated, such invalidity shall not affect the validity of the remainder ofthis 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 ofthe 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(bXii) 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 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 of the 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 of 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 if deposited 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: 471100 City: City of Aspen Page: 20 of 47 City Manager 11 - 111111111 lil i l l 111111111111111111 08/16/2002 02:27F S.LVIA DAVIS Fi-KIN COUN-Y CO R 235.00 D 0.00 130 South Galena Street Aspen, CO 81611 TOMI: Top of 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. 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 ofthe day and year first above written. CITY: CITY OF ASPEN, COLORADO, a Colorado municipal#orporation Bvh- 7---3* L6L We~Â·e-Vili~k- K\(<-tle-nust . Mayor ATTEST: j t*/juitÂ·% 9 4-kja Kathryn S. Ko* City-Clerl/ APPROVED AS TO FORM: 42/// 7,~021 V Up: u ' Joihi Wd-rcester,City Attorney TOMI: TOP OF MILL INVESTORS, LLC. a Delaw~imited liability compgy By: 4 /L LUD (4 David PANer, Director [Acknowledgments on Next Page-] I ilifil ilill Illill ~~ill lill ilillil ilill ill illilll il lill 08/16/2002 02:27; 471100 Page: 21 of 47 SILVIA DAVIS PITKIN COUNTY CO R 235.00 D 0.00 38181-16 21 liimiwi 11/1/Imilim ..1.l. linli Ui llillu I lill 1111111 471100 Page: 22 of 47 SILVIA DAVIS PITKIN COUNTY CO R 235.00 D 0.00 08/16/2002 02:27; EXECUTION COPY STATE OF COLORADO ) ) SS COUNTY OF PITKIN ) y The above and foregoing document was acknowledged before me this 1 Loth day of A'UQ Luvt- , 2002, by (4-el en tal i n M.la-4~ 9-r U.q# as Mayor and Kathryn A. Koch as City Clerk ofthe City of Aspen, Colorado, a Colorado municipal corporation. Witness my hand and official, t /2~2Zz:x My commission expires: AC 1-1-1 09 â€ž/43.)(.f@,4h 9 0/ i / 2 N ey ....O 0 0 t /1.hACI<lE U 28 , ' STATE OF :Lohho ) U N-E:OF:COLO COUNTY OF P litic Al & 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 MY COMMISSION EXPIRES ,i. i~-AffNPX My commission expires: 11/09*02 72/ye.-'.Â·*,L /1 A i -i)n o<I I vi ,-44,1,)3, 5,Â·. f., Notary Public /71 . 38181-16 22 U 6 , 6: I ./.rb, ...F#89 4- li ' fe i 90* I ~~~~-----------_L_.__ 83 i . 1% ;' ~ 1 i /43'-------I ---- ------------ - Z l,r 1111 L~ 0~7 - it Â· d fr 1 f li t:t :Al â€¢WAM 1 iii i / fill_ '' .1 ,/ 1 1 4/ t f .r--7 1 4 9 /JI,//1/c it ~ 0 w -1... .. 1 : ' 1 r.- - , t 1- \ a 3201 6 <72 - 1 6 1 . m , \ '11 , 1, 0 '2 ESL/ - f -2 7 4 , ..... , 3 4 0%.m*,1 L'.22 1 ...19 =/.:07 -- / C ib XEr '' Â·, r' r f~ 0-03 4 1 11 -1 1 - / /4 i 84 '1. 1 ~1 4 , 1 fiw i . Â· 6 :1 / / 1 ~------- Ct ir ...............1 /1 i 0-2. $ u. 1 Fr D / \/ \ Val , 3 LUE -_1-t*--1213>11=&G;~2ZLP i %-21-4 I $ Litlll_Jelklil_X_Â»111_LU+O 0< ./ 1% \ 701 1 / i .0/ f . i 1 , 1 - i -1~1--' 1 $ >0 - LORING RESIDENCE j j w 2 , 6.. '~21-4 Li~-4-~{ ~:Â»44944 l] - - : __ I 'le,le $ 96%44 i. 0 '# I J I.U I :r W:$;t~;~1't<gilf.1, ic: 3, "4*7'll.pre,y-fr - \ 1 I O OK - - - 11'"9/I/Â·-4 Â·; :4 Y , 9Â¥ 1 ' 934 SOUTH MILL STREET I 31 4 10 1 ~ = 9.AN/f At Il L , r., Â· ., .. : A 1 2 0 F 0 4= /~1- I TOP OF MILL - PARCEL 5 - 9 0 &*1.-I'l,~/*- 0-467'/l. .lib, 0 ASPEN, COLORADO 9!W830 ONV On 413 55(59OF UGHTING FL Â£*Â·01 NOW* H .LUON OBVE TO FARCEL 4 SISTEMALUX SPECIFICATION SHEET MINIEOS #S.4624 - 120 - LAMPING: 1X 20WT3 HALOGEN LOW VOLTAGE, SQUARE VOLTAGE FINISH G4 BASE Minieos square is a recessed luminaire in die cast PROJECT NAME: aluminum. It is designed with a stepped downward trim for lighting walkways and staircases. The glass diffuser is TYPE: concealed for optimum vandal resistance. LAST UPDATE: FEBRUARY 240,2009 ISOMETRIC VIEW U b ,---â‚¬3 Â»r. 1 4 /'\1 m*sp- a WALL 0 0 OPAL TEMPERED ~~mm~11---Tivi.â€ž [t. - ~Â·-9 1X 20WHALOGEN GLASS DIFFUSER - ; 2 Â·Â·Â·Â· -11_U- LOW VOLTAGE POWDER 1.- ----- 1=31-4 PAINTED u 3-15/16" 1 FOR HIGH 4 l Itit p PLASTIC 0100mm) CORROSION g i 3-98~ -~ E_11_Zi- RECESSED BOX RESISTANCE " 0 4 DIE CAST ALUMINUM BODY VANDAL RESISTANT /~ MEMORY RETENTIVE STAINLESS STEEL - 1 . CLOSED CELL ALLEN HEAD SILICONE MOUNTING SCREWS '~0. - 13 GASKET 3-15/16" 3/8" â€¢â€¢ i ' 2-3/4' (100mm) (8mm) (70mm) ELEVATION VIEW SECTION VIEW NOTE: CONNECTIONS TO BE DONE INSIDE THE FIXTURE HOUSING. CUT- OUT DETAIL r~h CUT OUT DIMENSION USE SUITABLE TRANSFORMER \a / 3-7/8" X 3-7/8" 1 . VOLTAGE FIXTURE ~ 12OV 1 METAL FINISH -FUTFEL_ WALL ~ 09 -BLACK ~ 14- ALUMINUM GREY c~us 5455 de Gaspa suite 100, Montial (Quabec) MINIEOS Canada H2T 3B3 P. 514.523.1339 F. 514.525.6107 SQUARE L1 Vist our web site at www. seaguilighting.com Sea Gull Lighting - 92060-44 - page 1 ofl Job Name: Job Type: Sea Gulllighting Comments: Quantity: Liti' Illwnimi,ted I Since 1919 Product Number: 92060-44 Dimensions: 4rtli Â·..- 1 Height wl Tail: 33" Diameter: 91/4" AL Height: 241/4" Wire: 38" (color/Black) Mounting Proc.: Other Bulbs: 1 - Wedge Xenon 75 1:w max 12v - included 1 - Wedge T-5 :w max 12v - Not included 1 - Widge T-5 12* max 12v - Not included 1 - Wedge T-5 189, ma, 129 - Not included Material List: 1 Body - Brass - Weathered Copper 1 Pipe - Brass - Weathered Copper 1 Stake -Polycarbonate -Black 92060-44 - Single-Light Path Fixture Weathered Copper Landscape Path Lkght Saftey Listing: cUL Listed lor Wet Locations UPC #: 785652920608 Product Type: Landscape Ught Instruction Sheets Finish: Weathered Copper (44) English (HC-557) Replacement Bulb Data: Product # Type Base Watts Watts Consumed Volts Hours Lumens Tomp CK) CR] 9774 Clear Xenon Xenon Wedge 18 16.2 12v 10000 210 2800 T5 9776 Clear 8 8 12v 2500 57 2650 9777 Clear 12 11.6 12, 2000 120 2750 9778 Clear 18 16.2 12v 2000 210 2800 Shipping Information Package Type Quantity UPC Length Width Height Cube Weight UPS Ship Label Individual 1 785652920608 28.375 11.25 11.5 2.124 5.06 Yes 2 A-2-IP Master Pack 6 10785652920605 34.5 27.25 24 13.057 30.8 No 1 A-1 M NJ Pallet 24 48 40 60 66.667 123 No NV Pallet 24 48 40 60 66.667 123 No L2 Sea Gull lighting reserves the right to revise the design of components of any product due to pIns availability or change in safety lis8ng standards wRhout assuming any obligation or liability to modify any products previously manufactured and without notice. This literature depicts a product design that is the sole and exclusive property of Sea Gull Lighting. In compliance with U.S copyright and patent requtrements, nobfication is hereby presented in this form that this literature or the product it depicts, is not to be copied, altered or used in any manner without the express Mitten consent of. or contrary to the best interests of Sea Gull Ughting Products. LLC - A Generabon Brands Company. k.-9 I a 2 0.44 HINKLEY. LIGHTING iii' . de4Iol~*jtumleat*,enlov 1162AS-DS in Aged Brass from the Edison family Width: 11" Height: 16" One 50w Medium Base (R20) or On Weight: 6 lbs. Glass: Clear Seedy Glass Cylinder 75w Medium Base Voltage: 120v Leadwire: 72" Chain: 60" Certification: c-ETL-us Damp UPC: 640665116229 Notes: Dark Sky Fixture; 5.5" Canopy NOTES: ED 1 Â£Â·EMI HINKLEY. F LIGHTING drijaâ€¢AHIum***â€¢en#oy ..: 0,-4.31%1'> ;t.Â· ~:1...f: 4.: j~ P - i 1160AS-DS . in Aged Brass from the Edison family Width: 8" Height: 14.5" Weight: 5 lbs. Material: Solid Brass Glass: Clear Seedy Glass Bulb: One 50w Medium Base (R20) or One 75w Medium Base Voltage: 120v TTO: 3" Extension: 9.5" Back Plate Height: 5.5" Back Plate Width: 5.5" Certification: c-ETL-us Wet UPC: 640665116045 Notes: Dark Sky Fixture NOTES: ED 2 A#14. <avery 8122-188-PL 17-qira Place outdoor Sconce, Windsor R Fluorescent / H Page 1 of 5 - . 00 A *(877) 247-8990 1~,Uvi Chat _ Â· 142% fr,'Â·SiÂ· Â¥2,0 4 4, 1.- CÂ»ar=IC-- I Week*le- OIVAd,ke #oSer,kes bilm, EgtifmEÂ» Ughtingl Plumbiq! Ha/*IM~ Fhm,Hum [Decor ~ Rugsl 6utdooil Kids? Baby [ 1fooâ€¢51 4,1#.1,2,54 School & Ollkof Sports 8 Fibiess! House-1,-~ Luggage ' Mon '.R:Â© 1 Minka Lavery 8122-Â·188-PL Vanira Place OutdÂ©or Sconce, Windsor Rust s Part #. 3244706 fut - lutore produc,s by M.KI Lavely In Stock & Â£ a-i (imilg!01Â£-rt'de'ws) Rock Updated Mar 23rd ir List Price $168.80 FREE Shipping 1 1- You Save: $27.80 41614 Â¥ Add to Shopping Cart 22 QuantityÂ· 1 }2 Â· k - lirt You can always remove R later;~~*~~ _~~ - Shoe mowlâ€¢ Rx you ~ 1 - Â»01.124 10 Buy, Add to Shopping Cart Â»7 - . -A.. Finish: V.Â· i.le .f Red ~, - , Due lo the applicalion of some finishes variations in color may occur. 17=1 2-''r Light Bulb: {1)11 F 4 - 1 1Â·1 CFC ~b,ckded FREE} ~1*3*t Bulbs suppliM Ree from the manufacturer pre not eligible fof replacement (1)19 Splral G24q 1 CFLI 84.iN Aa,#W: H. 15 7154.JE'*7700Â·' 0096' Wtent: 12 /2-0 v.vr Wer tj,câ€¢r- U L . Â· 1 ED 3 It F: http://www.exteriorlightinguniverse.com/products/view.asox?familv=11<7,2 8.An--1-rr- . r- - 11,mmfm[*T:-~ 3529 Or tonejo R . #1.18 Mewbury Park, CA 91320 Phone: BD5.480.4 Eu*Di: sales@hklightinggroup.com MODEL ZX16-A Project Name: Fixture Type: Rev Number: Part Number: ZX 16-A â€¢ The ZX16 is a very compact quality lighting solution for accent or area illumination in an architectural or landscape application. Designed with a modernist edge, it is machined A.1, from anti-corrosion silicone magnesium aluminum alloy. The unique solution of a partially integrated stem allows full ~ h= adjustment to all aiming positions. â€¢ NEMA 250, Type 6P standard was used as a design guide for the construction of the enclosure to "provide a degree of *44 J protection against hose-directed water, and the entry of water during prolonged submersion at a limited depth, and to remain undamaged by the external formation of ice on the enclosure" â€¢ UL - Listing for Wet Locations ground mounted and above including an immersion test. Ideal for application on the edges of streams, waterfalls and in installations with a fluctuation in - water level. I..../Ah'WJA,# â€¢ Double anodized finish, or polyester coating with chromate conversion substrate surface. â€¢ Ozone, aging and weather resistant silicone shore 70 and 40 0-rings are used to hermetically seal and protect the fixture. â€¢ Stainless steel hardware. â€¢ Eight integrated weep holes drain water away from lens. â€¢ Recessed light source for glare reduction. â€¢ Additional lenses, filters and louvers are mounted inside 4 5.45" , housing. F DIA. 2.25 3.40" 1 Specifications: MATERIAL: Housing/Cap/Stem, Machined FINISHES: Poiyester coating with chromate silicone magnesium aluminum conversion substrate surface. alloy (6061-T6) resistant to corrosion,stainless steel (SS304) Bronze BZ hardware Brass and stainless Black BK steel versions available upon Wh ite WT request Custom color PCC available. VOLTAGE: 12 Volt AC WATTAGE: Max. 50 Watt Please provide international color code. LAMP: MR 16 type or equivalent 2 inches (50mm) dia. max. By others SOCKET: Porcelain Bi-Pin halogen socket, fits two lamp bases G5.3 & GX5.3 Anodized with SF-2 leads rated at 2500C and with PTFT insulation Standard Black ABK 8" lead wires for quick wiring Clear ACL FITTING: 1/2" NPS threaded male fitting Copyright Â© HKLightingGroup 2004-2006 1 ED 4 IK lighting Grcy 32529 0121 ConeÂ» ' 4,11,8 Newbuty Parke CA 91320 Phone: 805.4BD.4 E'rnail: sales@hklightingaroup.corn MODEL ZX16WM Project Name: Fixture Type: Rev Number: Part Number: ZX16WM â€¢ The ZX16WM is a compact quality lighting solution for accent or area illumination. Utilizing MR16 Lamps â€¢ UL - Listing for Wet Locations, wall mounted including an immersion test. Ideal for application in public areas, indoor/outdoor installations. â€¢ Wall mounted sconce for UP/DOWN illumination,. 4 â€¢ Stylish contemporary design integrated with intelligents and practicality. Push-on/pull-off hood equipped with position memory for quicker, easier lamp installation/removal. â€¢ Anti-corrosion silicone magnesium aluminum alloy.Double anodized finish, or polyester coating withchromate conversion substrate surface â€¢ Ozone, aging and weather resistant silicone shore 70 and 40 0-rings are used to hermetically seal and protect the fixture. Â· I â€¢ Stainless Steel hardware. 1/V ---ill- â€¢ Recessed light source for glare reduction. Â· * â€¢ Optional lenses, louvers & filters are can be mounted inside hood. For additional light control & effect. Tamper proof available indicate "TP" Junction box mounted transformer Speci fy:120/12 Transformer available indicate "CM5-120" ~-3.50.u -, --- IÂ·$- DlA -D~ 675Â» 2.25-" - Specifications: FINISHES: Poiyester coating with chromate MATERIAL: Housing/Cap/Stem Machined conversion substrate surface. silicone magnesium aluminum alloy (6061-T6) resistant to corrosion, stainless steel (SS304) Bronze BZ hardware 6061-T6, SS304 Black BK VOLTAGE: 12 Volt AC, Remote Transformer Wh ite WT required Custom color PCC available. WATTAGE: Max. 50 Watt LAMP: MR 16 By others Please provide international color code. SOCKET: Porcelain Bi-Pin halogen socket, fits two lamp bases G5.3 & GX5.3 with SF-2 leads rated at 2500C Anodized and with PTFT insulation Standard 8" lead wires for quick wiring Black ABK FITTING: 5" Mounting Canopy (CM5) Clear ACL Copyright Â© HKLightingGroup 2004-2006 1 ED 5 Page 1 of 1 31331 - Bayport Exterior Wall Sconce By Designers Fountain (C *Lighting Part # 3855281 Price $89.55 Finish Bronze (1)100w A21 Med C Incand Light Bulb Dimensions Projection: 13.5" - Height: 10.25" - Width: 11" Description - The Bayport Collection - Dark *A 7...... Sky compliant with a fully shielded lamp, our Bayport collection makes a statement with it's casual silhouette and charm of a seaside haven. ED 6 http://www.lightinguniverse.com/print/print.aspx?sku=3855281 3/30/2010 Pagel of 1 507PHM-PM - Holbrook Pier Mount Head (F Lighting By Z-Lite . 1 42 4,4.1,+i~ 1 -9: 11 Part # 4915906 Price $135.98 Finish Oil Rubbed Bronze Light Bulb (1)100w A19 Med F Incand Dimensions Height: 14" - Width: 8" Description ED 7 http://www.lightinguniverse.com/print/print.aspx?sku=4915906 3/30/2010 Page 1 of 1 1027-01 - Outdoor Wall Sconce By Forte Lighting *Lighting Part # 2513740 Price $37.81 Finish Antique Bronze 4- Light Bulb (1)100w A19 Med C Incand re Dimensions Width: 9.25" - Projection: 9.75" - . Height: 9.25" Description Outdoor Wall Sconce with Dark 2.3, outer layer. Dark Sky Compliant. ED 8 http://www.lightinguniverse.com/print/print.aspx?sku==2513740 3/30/2010 Vist our web site at www,seagulllighting.com Sea Gull Lighting - 88081D-71 - page 1 of 1 Job Name: Job Type: Sea Gulllighting Comments: Quantity: Lifi, ilifimij,Lited I Since 1919 Product Number: 88081 D-71 4 -w.Â·Â£-Â»-,44Â£.4-. Dimensions: Width: 7" Extends: 8 1/4" Height: 131/2" Wire: 61/2" Swllch Type: N/A Mounting Proc.: Cap Nuts Out;et Box: Mourhed To Box Bulbs: 1 - Medjum A - Line 1001 max 120v . Not included Material List: 1 Body -Brass -Ant*e Bronze Saftey Listing: 88081 D-71 - Single-Light Hermitage Outdoor Wall cUL Listed for Wet LocaNons Collections: Hermitage (Primary) Dark Sky Instruction Sheets Dark SkyOutdoor One Light Wall Fixture in Antique Bronze Finish with Clear Glass with Antique Bronze Banding UPC #: 785652088001 Product Type: Outdoor Wall Lantern Finish: Antique Bronze (71) Features: Dark Sky Shade / Diffuser Part Material Finish Quantity Item Number Length Width Height Diameter Fllt,r Shade Top Shade Top Shade Top Diameter Length Width Diameter Glass Glass Clear 1 51/4 Backplate / Canopy Type HeighU Width Depth Diameter Outlet Box Outlet Box Length Up Down Canopy 8 4 1/2 11/4 4112 Shipping Information Package Typo Quantity UPC Length Width Height Cube Weight UPS Ship Label Individual 1 785652088001 10.25 8 15.25 0.724 4.6 Yes NJ Palet 96 48 40 72 80 441.6 No NV Palet 96 48 40 72 80 441.6 No ED 9 Sea Gull Lighting reserves the right to revise the design of components of any product due to parts availability or change in safely listing standards without assuming any obligation or liability to modi fy any products previously lam factured and without notice. This literature depicts a product design that is the sole and exclusive property of Sea Gull Lighting. In compliance with U.S copyright and patent requirements. notifica~nis herebv presented in this form that this literature or the product it depicts, is not to be copied, altered or used in any manner without the express written consent of, or contrary to the best interests of Sea Gull Lighung Products, LLC - A Genera8on Mrands Company. 2. . 2 Â»*4; Â·-11<* 4..1 DL36ZP DL36ZP RECESSED DOWNLIGHT SQUARE WALLWASH MIRAGEÂ® WET LOCATION Online Quick Product Page Reference: DLCAT36ZP DESCRIPTION A Aiming Utilizes integral kick reflector and angled tampholder for even wallwashing B Special Features Stainless steel construction; seated aperture and integralsilicone gasket prevent water intrusion; die-cast Professional Baffle minimizes aperture glare; seated collar prevents light leak r-12 Ll, r'7 3.42 1 / 87mm C Effects Devices Sealed frosted glass lens included; G- ------- 4-k #4~+i:Â· , adjustable yoke allows secure placement N w i \EV of additional effects devices bee chart giÂ» 1 2- :ti~. EE~lt-I---e r- below for timit per light source] . 4 L 1.97-10----------~ D Trim Plate 1 50mm I .15" return; install as flange overlay 4.25- 108mm E Retention Torsion spring clips accomodate varying ceiling thicknesses and ensure snug fit of trim against ceiling TECHNICAL CONSTRUCTION SPACING Trim: Stainless steet and aluminum; painted finishes are Recommended fixture spacing is 30" on centerwith granulated powdercoat 15"-18" setback from wall plane LAMP HOUSING MR-16 style lamp options: 12V halogen [HAL] max wattage See housing specifications [page 2] is housing dependent, ceramic metal halide [HID} 39W max, cold cathode compact fluorescent [CCFL], light emitting LISTING diode [LED} ETL listed for wet locations 50W 30Â° {EXK] recommended for HAL applications; 20W 25Â° recommended for HID applications WARRANTY To ensure optimal results, it is recommended to specify Manufacturer's oneyear warranty guarantees product(s} lamps supplied by Lucifer Lighting* (see page 2) listed to be free from defects in material workmanship under normal use and service. Warranty is conditional upon use of manufacturer supplied transformeror batlast. ORDERING INFORMATION (downlight) Example: DL36ZP-W-HAL Exampte: 12-50-HR-MF 1 DEEP 1-1 1-1 1 1 1 4 1 .......................... ~ SERIES i *INISH : :LIGHT SOURCE : :ADDITIONAL EFFECTS DEVICES i :LAMP E .......................... DL36ZP W Matte White HAL Hatogen Â¤ UVL-2 Ultra Viotet Lens â€¢ Optional bee page 21 B Matte Black HID High Intensity Discharge O SGL-2 Spread Lens Â·Â· C Polished Chrome LED Light Emitting Diode O LSL-2 Linear Spread Lens skelil [E--1 liE-11-821 IG Industrial Gray CCFL Cold Cathode Compact O SFL-2 Soft Focus Lens SS Brushed Staintess Fluorescent O HCL-2 Honeycomb Louver Effects :- Â·Â· .- .. Steel O WTL-2 Warm Tone Lens Devices i 2 EE 1 iE 2 ::.*: Limit:.......:......::......i i......i O AGL-2 Amber Glass Lens ** Consult factory page 1 LUCIPEFI ~ luciferlighting.corn Â©2009 Lucifer Lighting Company 3750 IH35 North LIGHTING COMPANY As part of its policy of continuous research and product San Antonio, Texas 78219 development, the company reserves the right to change [PH] +1-210-227-7329 [122209] or withdraw specifications without prior notice. [FAX] +1-210Â· EA1 UNIVERSAL HOUSINGS DL36ZP - IC ~7"/177mm For use with recessed downlights in IC accessible and non-accessible ceilings up to 1" thick. Transformer ~ 16.3-/413mm compartment and all sptice connections may be e 7.2" / 185mm serviced from room side. Certified Chicago Plenum â€¢ laperture centerline] and ASTM E283 Airtight. Hanging bars are included 010.9" / 276mm and can be fitted to all sides of the housing. Maximum wattage: 50W for halogen, 39W for HID. Ned.\ . rep' 4 I/>. <\63<e NON-IC ~ 5.1 " /129mm [HID/ CCFLI For use with recessed downlights in non-IC, non-accessible ceilings up to 1" thick. Transformer ... ~ 3.7 ' / 94mm [HAL] compartment and all splice connections serviceable ./...0 X..44 7>/ ~ 6.3 ' / 160mm - from room side. Hanging bars are included and can -f / 15:k h.Â· [aperture centerline} 0.- '' \,1 be fitted to all sides of the housing for installation in *4, I ~1 â€¢10 -0,3-26. e 12" / 305mm spaces as narrow as 9". 1 - \ S â„¢L 06 -11 3> e 6.8"/172mm Maximum wattage: 75W for halogen, 39W for HID. ,1, +02(, -* 0 1%>. . il e 6.3"/160mm HID and CCFL versions come with extended top. The \-- OIl 5><7 - ~ 3.30'/84mm lowest profile housing (see measurement Blis for use , -- with the halogen lamp. ->/ ORDERING INFORMATION [housing] .... Exampte: DH-IC-ZO-LED-5-120E DH - - - .......................... .. HOUSING E i RATING i ESERIES : :LIGHT SOURCE ~ iMAX WATTS i POWER SUPPLY [primary} : ........................... .. DH IC IC, Airtight, ZF Z Series HAL Halogen Low Voltage 75 (NIC onty] 120E 120V Electronic CCEA Flange Overtay 50 [IC only} 277E 277V Electronic NIC Non-IC 277M 277V Magnetic 120M 120V Magnetic REM Remote 50 120T 120VTorroidal HID Metat Halide 39 120E 120V Electronic 20 277E 277V Etectronic REM Remote LED Light Emitting Diode 5 120E 120VElectronic CCFL Cold Cathode Fluorescent 10 120E 120V Electronic ORDERING INFORMATION [lamps]* 12-37-HRIR-SP 37W IR Halogen 10Â° Spot i 120-20-MH-SP 20W Ceramic Metal Halide HID 12Â° Spot 12-37-HRIR-MF 37W IR Halogen 25Â° Medium Flood 120-20-MH-MF 20W Ceramic Metal Halide HID 25Â° Medium Flood 12-37-HR]R-FL 37W IR Hatogen 35Â° Flood 120-20-MH-FL 20W Ceramic Metal Halide HID 40Â° Flood 12-37-HRIR-WF 37W IR Hatogen 60Â° Wide Flood 120-39-MH-SP 39W Ceramic Metal Halide HID 12Â° Spot 12-50-HRIR-SP 50W IR Halogen 10Â° Spot 120-39-MH-MF 39W Ceramic Metal Halide HID 25Â° Medium Flood 12-50-HRIR-MF 50W IR Halogen 25Â° Medium Flood 120-39-MH-FL 39W Ceramic Metal Halide HID 40Â° Flood 12-50-HRIR-FL 50W IR Halogen 35Â° Flood 12-50-HRIR-WF 50W IR Halogen 60Â° Wide Flood 12-5-LED-SP 5W MR-16 Styte LED 10Â° Spot 12-5-LED-MF 5W MR-16 Style LED 25Â° Medium Flood 12-20-HL-SP 20W Halogen 12Â° Spot 12-20-HL-MF 20W Halogen 15Â° Medium Flood CCFL Consult factory for availability 12-20-HL-FL 20W Halogen 25Â° Flood 12-50-HR-SP 50W Halogen 15Â° Spot 12-50-HR-MF 50W Halogen 30Â° Medium Flood 12-50-HR-FL 50W Halogen 40Â° Flood r 1 1 ICIPEFI luciferlighting.com Â©2009 Lucifer Lighting Company 3750 IH35 North page 2 LICEHTING COMPANY As part of its policy of continuous research and product San Antonio. Te] development, the company reserves the right to change [PH]+1-210-22 [122209] or withdraw specifications without prior notice. [FAX] +1-210-22 EA1 ..... Â¤ DL39ZP DL39ZP RECESSED DOWNLIGHT SQUARE FIXED WET LOCATION Online Quick Product Page Reference: DLCAT39ZP DESCRIPTION A Aiming Fixed vertical lampholder B Special Features Stainless steel construction: seated aperture and integral siticone gasket [==23 prevent water intrusion; die-cast Professional Baffle minimizes aperture T gtare; sealed collar prevents light leak C Effects Devices 0-------- 4.41 0 3.42" Sealed frosted glass lens inctuded; \ 1 Ir-71 H pal- i -L -87m-m- - -~ optional seated clear glass lens available; U-------- -J-,4.14.-1 1 H -1- , adjustable yoke allows secure placement - of additionat effects devices {see chart {al-------1- -1 - below fortotal per light source! . + D Trim Plate , 50mm I .15" return; install as flange overlay 4.25- 108mm E Retention Torsion spring clips accomodate varying ceiling thicknesses and ensure snug fit of trim against ceiling TECHNICAL CONSTRUCTION HOUSING Trim: Stainless steet and aluminum; painted finishes are See housing specifications (page 2] granulated powdercoat LISTING LAMP ETL listed for wet locations MR-16 style lamp options: 12V halogen [HALI max wattage is housing dependent, ceramic metal halide {HID] 39W max, WARRANTY cold cathode compact fluorescent [CCFLI, light emitting Manufacturer's one year warranty guarantees product[s} diode (LED) listed to be free from defects in material workmanship To ensure optimal results, it is recommended to specify under normal use and service. Warranty is conditional lamps supptied by Lucifer Lighting* [see page 2} upon use of manufacturer supplied transformeror ballast. ORDERING INFORMATION {downlight) Example: DL39ZP-W-LED-F Example: 12-5-LED-MF DLAZP |-| - ~- | | *| .................. SERIES i :FINISH : iLIGHTSOURCE : :SEALED LENS i :ADDITIONAL EFFECTS DEVICES : 1.AMP Y ...................... DL39ZP W Matte White HAL Hatogen F Frosted O FGL-2 Frosted Glass Lens E. *Optional {see page 2) B Matte Black HID High Intensity Istandard) O CGL-2 Clear Glass Lens C Polished Chrome Discharge C Clear O UVI--2 Ultra Violet Lens IG Industrial Gray LED Light Emitting O SGL-2 Spread Lens SS Brushed Staintess Diode O LSL-2 Linear Spread Lens Light fiiAL~| Steel CCFL Cold Cathode O SFL-2 Soft Focus Lens Source 1 1 Imi61~TE] pEE] Compact O HCL-2 Honeycomb Louver ADD'Li -.i - *': .... .............. Effects i 2 ii 2 "" 2 16 ** i Fluorescent O WTL-2 Warm Tone Lens Devices Â· Â· .... O AGL-2 Amber Glass Lens - Consult factory page 1 LUCIFEFI lucifertighting.com Â©2009 Lucifer Lighting Company 3750 IH35 North LIGHTING COMPANY As part of its policy of continuous research and product San Antonio Teng 78?19 development, the company reserves the right to change [PH]+1-21( or withdraw specifications without prior notice. [FAX] +1-21' EA2 [072809] UNIVERSAL HOUSINGS DL39ZP |C ~ 7'/ 177mm For use with recessed downlights in IC accessible and ~ 16.3"/413mm non-accessible ceilings up to 1" thick. Transformer compartment and all splice connections may be e 7-2"/185mm serviced from room side. Certified Chicago Plenum laperture centerlinel and ASTM E283 Airtight. Hanging bars are included e 10.9" / 276mm and can be fitted to all sides of the housing. Maximum wattage: 50W for halogen, 39W for HID. NON-IC ~ 5.1" / 129mm {HID / CCFLI For use with recessed downtights in non-IC, ~ 3.7" / 94mm (HAO non-accessible ceilings up to 1" thick. Transformer ~-t#,16 ~~~~~~ <~ 6.3" / 160mm compartment and all splice connections serviceable ~ ~:â€ž 0~, \204 (aperture centerlinel from room side. Hanging bars are included and can .f / rh.-1 .... 0- - be fitted to all sides of the housing for installation in 1 I 1 73â€¢- e 12" /305mm spaces as narrow as 9". - vo ~ 6Â·8" / 172mm Maximum wattage: 75W for halogen, 39W for HID. -1 ~ 6.3" / 160mm HID and CCFL versions come with extended top. The g ~ 3.3" 1 84mm lowest profile housing (see measurement Blis for use ' withthehalogen tamp. ORDERING INFORMATION (housing} Example: DH-IC-ZO-LED-5-120E DH - - - - - ............. HOUSING : i RATING i ESERIES i :LIGHT SOURCE i :MAX WATTS : :POWER SUPPLY {primary} i .................................................................................... DH IC IC, Airtight, ZF Z Series HAL Hatogen Low Voltage 75 INIC onlyl 120E 120Â¥ Electronic CCEA Flange Overlay 50 [IC only] 277E 277V Etectronic NIC Non-IC 277M 277V Magnetic 120M 120V Magnetic REM Remote 50 120T 120VTorroidal HID Metal Hatide 39 120E 120V Electronic 20 277E 277V Electronic REM Remote LED Light Emitting Diode 5 120E 120V Electronic ... CCFL Cold Cathode Fluorescent 10 120E 120V Electronic ORDERING INFORMATION [lamps]* 12-37-HRIR-SP 37W IR Halogen 10Â° Spot 3 120-20-MH-Sp 20W Ceramic Metal Halide HID 12Â° Spot 12-37-HRIR-MF 37W IR Hatogen 25Â° Medium Flood 120-20-MH-MF 20W Ceramic Metal Halide HID 25Â° Medium Flood 12-37-HRIR-FL 37W IR Halogen 35Â° Flood 120-20-MH-FL 20W Ceramic Metal Halide HID 40Â° Flood 12-37-HRIR-WF 37W IR Halogen 60Â° Wide Flood 120-39-MH-SP 39W Ceramic Metal Halide HID 12Â° Spot 12-50-HRIR-SP 50W IR Halogen 10Â° Spot 120-39-MH-MF 39W Ceramic Metal Halide HID 25Â° Medium Flood 12-50-HRIR-MF 50W IR Halogen 25Â° Medium Flood 120-39-MH-FL 39W Ceramic Metal Halide HID 40Â° Flood 12-50-HRIR-FL 50W IR Hatogen 35Â° Flood 12-50-HRIR-WF 50W IR Halogen 60Â° Wide Flood 12-5-LED-SP 5W MR-16 Style LED 10Â° Spot 12-5-LED-MF 5W MR-16 Style LED 25Â° Medium Flood 12-20-HL-SP 20W Halogen 12Â° Spot 12-20-HL-MF 20W Halogen 15Â° Medium Flood CCFL Consult factory for availability 12-20-HL-FL 20W Halogen 25Â° Flood 12-50-HR-SP 50W Halogen 15Â° Spot 12-50-HR-MF 50W Halogen 30Â° Medium Flood 12-50-HR-FL 50W Halogen 40Â° Flood page 2 1 1 ICIF:EFI lucifertighting.com Â©2009 Lucifer Lighting Company 3750 IH35 North LIGHTING COMPANY As part of its policy of continuous research and product San Antonio, Texas 78219 development, the company reserves the right to change [PH] +1-210-227-7329 or withdraw specifications without prior notice. [FAX] +1-210-227-4967 [072809] .....