The URL can be used to link to this page

Home My WebLink AboutLanduse Case.69 Shady Ln.0007.2010.ASLU f1 THE CITY OF ASPEN City of Aspen Community Development Department CASE NUMBER 0007.2010.ASLU PARCEL ID NUMBER 27073 00 012 PROJECTS ADDRESS SPECIAL REVIEW FOR STREAM MARGIN PLANNER JENNIFER PHELAN CASE DESCRIPTION 69 SHADY LANE REPRESENTATIVE ROWLAND, JACK DATE OF FINAL ACTION 11.5.10 CLOSED BY ANGELA SCOREY ON: 11.19.10 0007.2010.ASLU 69 SHADY LANE ~ APPEAL TO THE STREAM MARGIN XXXXX /524< 1002 )2110 S 11 M 0 0194+ 6 01*,152 41, 0 e .ar , i Brian Flynn -deck: 1- 4 9-Â·, 0,/1 12,6- 1-1, iMA From: Janet Leverson [ileverson@galambosarchitects.net] Sent: Wednesday, July 18,2012 9:02 AM To: Brian Flynn; Chris Forman CC: John Galambos Subject: Mustang four trees/variances Attachments: 20120718082324017.pdf Hi Brian and Chris, Attached are drawings showing the new house location saving the four trees and illustrating what we are asking for in terms of variances. 1. Variance on Development Area: we will nee-d-=~,Â£Â£0Lfrom the garage. This area is in the approximate location of the old outhouse and butler storage shed and 1 .7 ' 0 will require some grading and retaining. /(*KE'Grp 91-2 ek... i.<-f 12473 e.a,~i,cÂ·tn-,11Â·g+1.-Â· 2. We are assuming that engin*ering will require the finish floor elevation -to be 1'-0 above the flood elevation. This was defined on Sopris Engineering civil permit drawings and this is the minimum that Sopris will sign off on. 3. Given the floor elevation in #2, we would ask for a height limit variance on three roofs facing the Roaring Fork (West) of 8". Shifting the house changes the existing grade which dictates the height limit. K) D Note that I have diagrammed the Stream Margin Resolution requirement of a 45 degree progressive height limit and we are still OK there, no variance required. We would like to know if Planning, zoning and engineering can grant these variances through an administrative process and ask what the estimated timeframe would be. Architectural, structural, landscape and civil plans will need to be revised and permit drawings resubmitted (including FAR and height limit calculations). This work will take approximately 6-8 weeks so we would also ask if it is possible to get a demo/foundation/excavation permit to begin work in September? I will get the stakes on site placed to represent this scheme and we will be available to meet with all on site. Thanks for your help on this! Janet Janet Leverson Architect, LEED AP Galambos Architects, Inc. 314 AABC, Suite D Aspen, CO 81611 Tel: 970.429.1286 Fax: 970.429.1296 Web: www.galambosarchitects.net 1 '4~,ARY'.,20 -9 . Ar K,204- \ rl- 2%#. e -4 *ma~:I. 4 . â€¢ le;#~*t..1,#*A .6-4)...am. 0 AD. /* Â¥444?01/i)'Fl,/4 4, ,$480&*4 /:-4 //V 144*g*Ng<WA -:421. --- .me#~44 2 - /1 .0144; ,]f~ -14 ''42%4&= Ir**, /8,2 , B- *. . 0- . CA 14.8 - .ke. 71 -Â¥ , a.-1 2-Alk-L : A .. : . .41 4 .1,4 , 11 , ./.2.r . 3 -Mr. 6.9*14*f~ .. a 4. e f 99 of) â‚¬ \*ed=mp , 1 - e =- e leif r' .t ..zn~~=-- 'Tmqrl7,ZI131r 4.-4-#44-* di~-L._~-- __ J I 111'-3" J GARAGE PL /3 El= 1091 -9. 1 i6=x=d 'TTT -1~--IT.-- -FL)JPM#rf 3T - - - ~---- - 1%#Â£16 19=r~2**147**0F 6=1--A. 14:szv'-2 3%41 8*4.44-21 A .=7 W.n.... - - ~2424 l~~~i- MAIN LEVEL /1 4. T ,- 41 - -lilla,fF 21?2 - -411- -412 2--~1- - - -- 1 ---e-SE. #,fLJ. t-U~-1 -221-14=24.-.'-17.11 â„¢~ D(*~ 1 1 1 1 1 11 1 1 1 11 1 1 1 1 J *9 9 9 IN \1\ iii 1,111111111,1 \ 2, '. a n'. -- . '44**444:1427 -51 2 -)-TriNÂ¢* .---0/4.090-4 -1 \\Â» ~ CROIGABLE FL E â‚¬II yEZZ -1.9. -VE#~42*ia:-3:Et.ET,<444,JI//,-1%372.--~ ---= - 1 I /O lilli 1 - J th< r'IPâ€¢-11 -1=-A \ :\---- .-BORM 3PL-i 1- - - 1Â¥.3. 1 1 l'*UL i i 1K 114N-i- -- 1 U: -1,15:&,159/41&25Â£:E .t= -fitffM~U~ilm~ ,-5~kr, ~ir *_,Â· 6- 1 1Â¢64.41&~ T~m.@1mi 1 trrirT 1,1,1,1111" -/ i r. â€¢t i iII r.1-1 13/ c===_- i ~ 1 -/ +=MAIN LEVEL. /1, i â€¢CIRAGE SLAB a"i a 99' . OÂ· L/ 4 . . =22; ~~13(*fu~-=~T~p .: 1 1--fier"'. 1 1 @:=911~ ----- 1 1 -- .-- ..2.r-Â·-88SEMENT t 88'-2 3- 7 1 I LI I I &041 THE CITY OF AspEN City of Aspen Community Development Department CASE NUMBER 0007.2010.ASLU wlf'y b - PARCEL ID NUMBER 273~073 00 012 PROJECTS ADDRESS SPECIAL REVIEW FOR STREAM MARGIN PLANNER JENNIFER PHELAN CASE DESCRIPTION 69 SHADY LANE REPRESENTATIVE ROWLAND, JACK DATE OF FINAL ACTION 11.5.10 CLOSED BY ANGELA SCOREY ON: 11.19.10 27'31-073- 00,0173 0007.toi O . Ail,~14 Eile Edit Record Navigate FQrm Reports Format Iab Belp ~i @ @ IX I V -5 10 ~i QI Â® a dA cl -~i L' 4 , ,J O 2106 jirnp l C *~i O I G ~ li Â£1 t] B U d O â€¢Ii. 4.1 1 (9 m J h 1 ~Main~ Valuation I Custom FiekIs lactions I Feei I Parcels I Fee Summarx |Sub Eermits ~ Attachments | Routing Status | Routing 1 I Permit Type ~aslu -~Aspen Land Use Permit # |0007.2010.ASLU Address |69 SHADY LN Â£| Apt/Suite | City ~A5PEN State |CO _~J Zip |81611 21 9 Permit Information - 6- Master Permit | il Routing Queue |aslu07 Applied low24/2010 -3 Project | 22| Status jpending Approved | Description ~ SPECIAL REVIEW TO APPEAL THE STREAM MARGIN MAP'5 TOP OF 5LOPE Issued | DETERMINATION Finat I Subm tted |HAAS LAND PLANNING 925 7819 Clock |Running Days F O Expires |03/19/2011 ~ Owner -- - Last Name ~ ROWLAND g| First Name |JACK 53 NOVA CIR PINE CO 80470 Phone |(303) 838-1826 P Owner Is Applicant? Applicant - Last Name ~ ROWLAND 21 First Name |JACK ~ 53 NOVA CIR PINE CO 80470 r-,M Phone ~(303) 838-1826 Cust # ~28759 ~ Lender - -- - Last Name ~ Â£~ First Name ~ Phone ~ 2 - Asper,Gold{b] - 1~~~~F F Record: 1 of 1 0\0 90%6 02- A-yvw,ext 4 1, 290 00 22.~-.rrall â‚¬awfs , Ah'-105 , 5- Acl fwif Â¥ 49 072,51 Butâ€ž 16Â£ L \ on -tt %234 6%> or 9404 ["s-9 q'Y[ - J~Â©.....'Q I Xs'/ W.Â¥2 DEVELOPMENT ORDER 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 (3) -year vested property right. The vested property right shall expire on the day after the third anniversary of the effective date of this Order, unless a building permit is approved pursuant to Section 26.304.075, or unless an exemption, extension, reinstatement, or a revocation is issued by City Council pursuant to Section 26.308.010. After Expiration of vested property rights, this Order shall remain in full force and effect, excluding any growth management allotments granted pursuant to Section 26.470, but shall be subject to any amendments to the Land Use Code adopted since the effective date ofthis Order. This Development Order is associated with the property noted below for the site-specific development plan as described below. Property Owner's Name, Mailing Address and telephone number: Jack Rowland, Fleeta Baldwin, Jill Boyd, and Roine St. Andre, owners as tenants in common. 53 Nova Circle; Pine, CO 80407. 303-838-1826. Legal Description and Street Address of Subiect Property: 69 Shady Lane; Aspen, CO 81611. A 2.75 acre metes and bounds parcel, see attached description. PARCEL ID: 2735-073-00-012. Written Description of the Site Specific Plan and/or Attachment Describing Plan: The City of Aspen Planning and Zoning Commission approved a Special Review and Stream Margin Review establishing development parameters for the property. Look for map delineating top of slope and floodway. Should be attached to resolution, in planning file, and in address file. Land Use Approval Received and Dates: City Planning and Zoning Commission resolution No. 13, Series 2010. Adopted June 15, 2010. Attached. Effective Date of Development Order: August 15,2010. (Same as date of publication of notice of approval.) Expiration Date of Development Order: August 15, 2013. (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.) I~~ 10, by the City ofAspen Community Development Director. Chris Bendon, AICP Community Development Director City of Aspen RECEPTION#: 572119, 07/22/2010 a. 10:15:22 AM, 1 OF 4, R $26.00 Doc Code RESOLUTION Janice K. Vos Caudill, Pitkin County, CO RESOLUTION N0. 13 (SERIES OF 2010) A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING COMMISSION APPROVING A SPECIAL REVIEW STREAM MARGIN REVIEW FOR 69 SHADY LANE, CITY OF ASPEN, COLORADO. PARCEL ID: 2735-073-00-012 WHEREAS, the Community Development Department received an application from the owners of 69 Shady Lane - Jack Rowland, Fleeta Baldwin, Jill Boyd, and Roine St. Andre, owners as tenants in common. The application has been authorized for submission by Jack Rowland, Fleeta Baldwin, and Jill Boyd, representing a majority of the property ownership; and, WHEREAS, the property is located at the confluence of the Roaring Fork River and Hunter Creek and is subject to the City's regulations on stream margin development; and, WHEREAS, the City' s mapping for top-0 f-slope excludes this property entirely from that area where development call occur and the applicant has submitted an appeal of the determination as permitted in Section 26.435.040 ofthe City of Aspen Land Use Code; and, WHEREAS, the property is also affected by the floodplain and the floodway designation as depicted on the Flood Insurance Rate Map and interpreted and enforced by the City Engineer in her official capacity as the City' s Floodplain Administrator; and, WHEREAS, during a duly noticed public hearing continued from May 18, 2010 to and held on June 15, 2010, upon review and consideration of the recommendation of the Community Development Department, presentation from the applicant, public testimony, and discussion and consideration of the proposal, the Planning and Zoning Commission approved the Stream Margin Special Review, by a six to zero (6-0) vote, with the allowances and limitations as outlined in this resolution. NOW, THEREFORE BE IT RESOLVED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF ASPEN, COLORADO THAT: Section 1: Approval of Stream Margin Review The Planning and Zoning Commission hereby approves the Stream Margin Special Review with the following conditions: 1. A Stream Margin map for this property shall be prepared by the applicant for approval by the City Engineer and the Community Development Director. The map shall describe and depict a development boundary based on the more restrictive of the Floodway and the top-of-slope. The map shall also indicate and tabulate all areas of the property above and below the high water line, those areas affected by steep slopes, and those areas affected P&Z Reso No. 13, Series of 2010 Page 1 by right-of-way or access easements, including potential proscriptive easements. This map shall be attached to and recorded along with this Resolution. A 24" x 36" copy of the map shall also be retained in the planning file and the building address file. 2. All development within the development boundary shall be setback at least fifteen (15) feet from the top-of-slope. In addition, any development within the development boundary and within thirty (30) feet of the top-of-slope shall be subject to both a forty- five degree (45Â°) progressive height limit from the top-of-slope and the height limitations of the zone district. 3. Development between the development boundary and the top-of-slope shall be limited to those types of development allowed within property setbacks as defined in the Land Use Code and the height limitations described above, provided such development is also consistent with floodplain and floodway restrictions. 4. Development on the river-side of this development boundary shall be limited to at-grade type work which will not raise the base flood elevation and which is secured to the ground and cannot enter a flood event. Any development activity including landscaping shall be subject to approval by the Community Development Director and the City Engineer. 5. A riparian restoration plan approved by the City of Aspen Parks Department shall be required prior to acceptance of a building permit application for this property. The restoration plan shall require implementation of the restoration prior to issuance of a Certificate of Occupancy. Remodeling or other similarly limited development activity, as determined by the Community Development Director, shall not trigger this restoration requirement. 6. Prior to issuance of a building permit for redevelopment of this property, the well and irrigation pump shall be vacated and all water rights shall be assigned to the City of Aspen. The property shall be connected to the City of Aspen water system. Remodeling or other similarly limited development activity, as determined by the Community Development Director, shall not trigger this well abandonment requirement. Section 2: Lot Area The effective Lot Area of the subject property for purposes of calculating allowable Floor Area (FAR) is as follows: Lot Size: 120,007.8 sf Area below High Water Line (HWL): - 18,751.0 sf Sub-total 101,256.8 sf Shady Lane prescriptive easement: - 288.0 sf Sub-total 100,968.8 sf 14 Area above HWL and with 20-30% slope: - 1.247.5 sf Sub-total 99,721.3 sf P&Z Reso No. 13, Series of 2010 Page 2 Area above HWL and with 2 30% slope: - 2,035.0 sf TOTAL LOT AREA for calculating FAR: 97,686.3 sf The Lot Area for purposes of determining allowable density (no slope area reductions) is 100,968.8 s.f. The Floor Area for the parcel shall be according to the zoning for the parcel and the Land Use Code in effect at the time of building permit submission. Section 3: Fishing Easement The Planning and Zoning Commission encourages the applicant to provide a Fisherman' s Easement along the watercourses within this property. The applicant is encouraged to discuss with the City of Aspen Parks Department ideas that may facilitate such a grant of easement such as labor or design assistance with the riparian restoration plan. Section 4: Vested RiEhts This approval shall be valid for the greater of the three-year period of statutory vested rights, as more precisely defined in the Development Order issued by the Community Development Department, or until the City's Stream Margin regulations are amended. The period of statutory vested rights may be extended pursuant to Chapter 26.308 of the Land Use Code. Until said time, development on this property in compliance with this resolution may proceed to building permit as allowed herein. After said timeframe, this approval shall be subject to any revised provisions of the Land Use Code and may, based on a determination by the Community Development Director, be subject to review by the Planning and Zoning Commission. Section 5: 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, 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 6: 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 7: 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 P&:Z Reso No. 13, Series of 2010 Page 3 a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereoÂ£ APPROVED BY the Planning and Zoning Commission of the City of Aspen on this 15th day of June, 2010. APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION: >L â‚¬7.-EL Â»726 ~,/jim True, Special Counsel Stan Gibbs, Chairman f ATTEST: 7*90*443 ~Ackie Lothian, Deputy City P&Z Reso No. 13, Series of 2010 . Page 4 - 01907 4 1 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 properly right pursuant to the Land Use Code of the City of Aspen and Title 24, Article 68, Colorado Revised Statutes, pertain- ing to the following described property: a 2.755 acre metes and bounds property located at the confluence of the roaring fork river and hunter creek known as 69 Shady Lane; Aspen, CO 81611. Parcel ID 2735-073-00-012. The property was approved for a special review and a stream margin review to establish the development parameters for the property pursuant to Planning and Zoning Commission Resolution No 13, Series of 2010. For further information contact Chris Bendon, at the City of Aspen Community Development Dept. 130 S. Galena St, Aspen, Colorado (970) 920-5090. st Chris Bendon. AICP Community Development Director City of Aspen Publish in the Aspen Times Weekly on August 15, 2010. [5424359] CL AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.070 AND CHAPTER 26.306 ASPEN LAND USE CODE ADDRESS OF PROPERTY: 99 64,~3 lang- , Aspen, CO STATE OF COLORADO ) ) SS. County of Pitkin 1, (name, please print) ,Â«-e.6 Â©coÂ« 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: Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen no later than fourteen (14) days after final approval of a site specific development plan. A copy of the publication is attached hereto. Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen no later than fifteen (15) days after an Interpretation has been rendered. A copy Of the publication is attached hereto. -4 - S CÂ»--0 Signature The foregoing "Affidavit o f Notice" was acknowledged before me this ~ G day of A,A~r-sT , 20Â¢0, by ~+-A_AÂ·~a~01 --%A~ WITNESS MY HAND AND OFFICIAL SEAL . , My commission expires: 41/ 1 6 A -1 Notary Public ATTACHMENTS: COPY OF THE PUBLICATION PROPERTY DESCRIPTION 69 SHADY LANE STREAM MARGIN REVIEW PLAN (PER DEEDRECORDEDINBOOK 3,1 ATPAGE 307) BEaNNING AT A POST STANDING AGCUT 30 .ET .ouni OF THE SOUTH BANK OF HUNTERS CRE. AND 50 :4 B FEET ~ST FRD)~ â„¢E CENIER OF TME DEN~R & RIO GRANDE RAILROAD ~ACK, SND POST 8Â£~G ~T THE A PARCEL OF LAND SITUATED IN SECTION 7, NORTHWEST CORNER OF PARCEL OF GROUND DEEDED TO SAID DENVER AND /10 GRANDE RAILRD- COMPANY BÂ¥ _1 0, @ 2%' â„¢E HALLAâ€¢ LAND COMPANY .ENCE SOUâ„¢ERLY PARALLEL ~. â„¢E DEN~R AND RIC GRANDE RLROAD 266 TOWNSHIP 10 SOUTH, RANGE 84 WEST OF THE 6TH P.M. 56659.633EUREP~013â‚¬0010323 995 J SuavEYOR'/ STA~EMENO 61 ~01% 1. FAINK I HARRJNGTO'r 00 -Y ST.E ....' SURIY ./S PREPARED BY I. COUN.r ....RINCr INC FOR COUNTY OF PITKIN, STATE OF COLORADO BEPNNING TOGE.ER I. All 'ATEP RIGHTS PERT'INC THERETO f 2 9 ...5 JACK C RO~AND â„¢AT ~D SURâ‚¬Y WAS PREPARED Sr ME OR UNDER MY SUPER~SION AND RESPON98. CHARCE AND â„¢AT 17 E TRUE AND CORRECT TO â„¢E BEST OF ~rY BELIEF ANO KNO~lE}GE S.,ATE L~NG AND BE,NG IN SEÂ©nON SE.N (7), To-SHIP TEN (10) SOUTH. RANGE EIGHTT-FOUR (84) I. 6 - I =857 SLOPE LEGEND ** I /~1---O I Of â„¢E SIXTH PRINCIPALIERIDIAN l 5/0/i (FND) 1 PROPERTY DESCR!FTION . 0.- ,9.1 SLOPE 1 , FRA. W H.).* L. /0 '9598 *A...49 2~ 20% - 29 991 SLOPE ~ . PARCEL Of LAND SITUATED IN THE WEST ./. OF ...0/ 7 .....HIP 10 SOUTH RANGE 84 'EST C. THE {AS SURVEYED} ...A= SLOPE / EXâ„¢ PRINaPAL UERICIAN. COUNTÂ¥ OF PIâ„¢N STATE OF COLORADO SAiD PARCEL SEING MORE PARnCUALLY DESCAaED AS FOLLOI COMIENING AT A P.NT ON â„¢E ..... RIGHT-.-WAY OF THE DEN.R AN. RIO GRANDE IESTERN QUARTER CORNER OF SAID SECION 7 BEARS S88Â·29'407/ A DISTANCE . 499.25 FEET) THENCE .08Â·03'/E ALONG miE WESTERLY RIGHT-OF-WAY OF 1}{E DEN~R AND RIO GRANDE *ESTERN R~BOAD A DISTANCE OF 260 69 FEIT TO A POINT ON M NORâ„¢ERLY BANK OF â„¢E ROAR,NG FORK RI~R, 1HENCE ALONG THE 134Â»11\ 2 NORD~Â£Aky AND EASEmy INK I SAID ROARING FORK /~ER nÂ£ FOLL.*ING neEEN (13) COURSES MARC & KAREN FHEDBERG 1 .74/046 W A DISTANCE OF 8386 FEET ..7*:*--. P~CE_ HO 2737072000. 2 ..Â·4922~/ A DISTANCE OF 51,42 FET. BOOK 346. PAGE '51 %\ 3 S59'2227'w A DISTANCE . 61.7, FEET (DE- CALLS TO CENER 5 .78'05 13"W A 'STANCE Of 91 12 FEET 4 /72Â·02'40'W A DISTANCE . 4305 FEET %/,10 EDCE OF HUNTER CREEK) / 6 .82'25'.W I DISTANCE OF 6531 FEET 23% - /\a,4 ~ 7 â€¢60Â·40'"W I DISTANCE OF 53/ FEET, / 8 N43~3'03~W A DISTANCE OF 7012 FEET 19.Imp 'U- ~1 0 - A â‚¬ /2 SECTION 7 - - /24/ Le :.. . rÂ¢55'43'43"E A DISTANCE OF 50.85 FEET '--x HuhTERCREEK *, ~ 9 /21+3.9"W A DISTANCE CP 3519 F.T. 11 N481525~E A DISTANCE . 62.81 FEET ~ (Â¥IELOING BEARING) 1 1 ('PK. j A "85'45'SO'E 12 .70512/ A DISTANCE . 64~3 FEET 18" -1 ~ r 18(,ND> 13 N 28~714~E A DISTANCE OF 138 . FEET TO A PINT ON .. SOUTHERLY BANK OF : QE_BiOINMItUL SAID PARCEL CONTINING 2 755 ACRES.MORE OR LESS : 11 HUNTER CREEK, THENCE LE*% -10 EASTERLY BANK Na.Â·4550-E . DISTANCE OF 23899 FEET TO kf~I N.Â·53'.E MaI= L. k -x;dka*+I -:9-~1.~ ZONE X ~ 13 /1 1 1.i,=2078Je. 1 BASIS OF .EARINIGS FOR .IS SURVEY IS A BE'RING 01 TRUE NOR. DETERMINED BY GPS OBSER..IONS YIELDING A BEARING OF .89 53'49~E .ETâ€¢EEN .E WEST 1/4 CORNER OF SECTION! 7. A ILM BRASS CAP IN PLACE AND THE SOUTHV,iEST CORNER OF THAT PROPERTY DESCRIBED IN 6001< 766 AT PAGE 967 OF I THE PITKIN COUNTY CLER. AND RECORDER'S OFFICE . REeAR AND CAP L S NO 2376 fOUND IN PLACE AS SH(WiN HEREON 11; El 5 PAR~ No 273707~000,0 /8 /RE MT - -- ... k J ' m RECPnoN No 501239 2 DATE Of SURVEY AUGUST 13,2009 : 1, 1 1 /1. , S _.1 /\' 0 F ZONE ]O 3 THIS SURVEY IS .ASED IN DEED RECORDED IN BOOK 311 IT PAGE 307 BOOK 512 AT PAGE 2. 8001<348 i ~~ ~2 2 coâ€¢c pins- . 45= FijA I AT PAGE 951 BOOK 766 AT PAGE 967. BOOK 292 .PAGE 472 /001< 568 AT PAGE 75. RECEPTION NO 557260. RECEPnON NO 501239. RECEP"N No 463753 FINAL PLAT OF RUEMAN NEIGHBORHOOD Â· ..3' EN==25.. .Â»SMIAL' â€¢ MAP RECORDED IN 800!< 3 AT PAGE 388 AS RECE[nON NO 134450 AND CoRNERS FOUND IN PLACE AS Z PARCEL NO 273707300801 4=0 0: .Pos~ *.-.<..L L 12* 9!oWN 9 COMMERCIAL PROJECT RECORDED IN BOOK 5 AT PAGE 70. DENVER RIO GRANDE RAILROAD PIGHT-OF-WAY 0 DEVELOPMENT ~ 86<#, 5~ ~)11 - il 14 1/ 2 AREA A . 2 -4,\ i Â·Â·,7 4 THIS PROPERTY IS SUBJECT TO RESERvAnoNS. RESTRICTIONS, COVENANTS AND EASEMENTS OF RECORD DR g /28 11 4 \ IN PLACE AND EXCEPIONS TO ./. SHOAN IN THE ..E COMMITMENT PREPARED BY 'TLE COMPANY OF â„¢E ROOKIES INC , DATED JULY 27 2009 (COMMIâ„¢ENT NU~BER 0702799-C) _J . REFERENCED FROM NAIONAL GEODEne SUR .WGS) SENCHIARK STAnON .159 HAING A PUBLISHED r f // X//0 5 5 ELE,AmONS SH- HEREON ARE BASED ON NORTH AMERICAN VERTICAL DATUM OF 1929 (NA- 29) ELEVAnON OF 77,5.64 m &31 ROARING / I & 7 FLOOD INFORMAION WAS TAKEN FROM fEI,IA FLOOD INSURANCE RATE MAP OF PITKIN COUNTY COMMUNI. 2: W q ' 6 CONTOUR INTERVAL EQUALS 1 FOOT -W- Z FORK RIVER / 4 r \'* \ \ 4 :02&&22 . fil \ 0.Â«43-I 9 â„¢E HIGH WATERUNE AND THE -TOP . SLOPE' SHOWN HEREON Vi,HERE DEUNEATED BY GARY BEACH OF zz~ F OF Ro./9 fORK / PANEL NO 08097C0203 C WITH AN EFFECTIVE DATE OF JUNE 4 .87 100 YEAR FLOOD LINE WAS BASED W :2. U 8EACH RESOURCES ON FEBRUARY 12. 2010 U loNE AE-lvx~ *. ~Ive~ A. --- -4 40 1~ 2-~E AE - too NEAR FLÂ®0 800+~OARr, ZONE x = AREA OUTSIDE OF 500 YEAR FLOOD DOUNDARY U --- - I ON DEERMINED ELEHIONS SHO* â„¢EREON (NA. 1929) 8 THE BEAR]NGS AND DISTANCES SHOWN IN PARENTHESIS *08Â·00'00-W) ARE RECORD UEASUREMENTS M jo 9 1 \- 10 2' CONTOURS SHOWN HAVE BEEN TAKEN FROM THE PITKIN COUN. GIS 8 EN LI~TS PG~ FOIA MAPS ~~ AND FED TOPOCRAPHY - >4- ..._ - 1 No,â€¢f'--Â·Â·Â· ---:2*<- \ 19 O.. \ AOK ----____ ,--' . THE GAP LASELED IN TRE NORâ„¢ERLY CORNER OF DIE PROPERTY ISA GAP BETWEEN â„¢E SUBJECT / /9 /7 6 ~,Ub; 13 â„¢E OVERLAP LA8ELED IN THE NORIHERY CORNER OF THE PROPERTY i: A [>EEO OVERLAP PY THE -' 1 PROPERTY AND THE DEED FOR THE PROPERTY TO THE NORTHWEST _ =E 1 .U.U. 2009-, ~ PROPERTY TO THE NORTHWEST J *2 Â· Â·- 14 DE#ELFIENT ON WIS PROPERM IS SLI.ECT TO THE ALOWANCES AND UINAIONS OF CTY OF ASPEN -. 2.755+ ACREk 4 Â·*.#%- .... _AS RECEPTON NO - PL ANNING AND ZONING COMMISSION RESOLUTION NO- SERIES Of 201 0. RECORDED AT BOOK _ Â«W 6388' I L .... %Â£-7 -< I. g,/0 - - i arr ENGINEER'. APPROVAL 1 â„¢IS 'AT OF THF 69 ... I ./ 5/?FAM /"IN RF.F. P . WAS RE.E.I AND APPROI/ " liE CITY ENGINEER . N21'31'49~W 35 19' -- - M -1 I OF DIE CITY OF ASPEN. DIS -DAY OF 20TO --ISLAND~ .7-a / -~ x ~ T~A ARAGO"r C'Tr EN~NEER t-\ 4 23': 3 COMUUNID DEÂ£OPMENT DIRECTOR'S APPROvAL THIS PLAT OF â„¢E Â¤2..21&2Â£.L8a.~3Â£&Â£-MaÂ£GINimEaa WAS REVIEWED AND APPROVED BY â„¢E DIRECTCR OF 0 0 1. r 7-10 3%2 COMMUNITY DEVELOPMENT DEPARDIENT OF THE CITÂ¥ OF ASPEN. THIS DAY OF C~RIC SENDON COUUUNIT( OEVELOPMENT DIRECTOR NQ 1 266 2&INS COUISS~ON OF â„¢E ITY . ASPEN BY A RESOLUION ON .E - DAY OF PAEE] No 27370735295~ 11415 PLAT OF THE . SHADY 1 ANE STREAU LIAR~N A-FW~ WAS REe AND APPRO~0 87 â„¢E PLANNING AMO 2=m P'~INING AND ZONING COM.ISSION APPROVAL : .<0 lilli'13 W .1.12 AR & CAP - -%Li-4-3.-NG FORKy.. aoo,< s. p.~ 70 o. 0. N82Â·25'32~W 85.31 I < I 10 70,0 . < ATTFET \1.2 \ -- - - * - -4/1 57% ~ ~ STAN GIBBS P&Z COMMSSION CHAIR CITY CLERK ./ PARC. NO 273707301851 2 01 FRI ANT, RF....'. ....... - / BO(* 292. PAGE 472 PROJECT NO / GRAPHIC SCALE 0 CLOCI< I ' ON THE - DAY oF- ID 20,0. AND 6 DuLY RECORDED IN BOOK - PAGE 209'540.00 URS PLAT WAS ALED FOR RECORD IN â„¢E OFTICE OF â„¢E CLERk AND RECORDER . PIâ„¢N COUNTY AT ~ 1 - - RECEPTON Nfl 2 == t=:N=#=ty42 ( 21 rtir) CLERK AND RECORDER aaimrÂ·19:Le'=t 1.... . .. ./ 1 OF1 .pun kn~g A* .3]A]l NJOUV]Al ]NVnkiLS 0.3 / 260,69 SESZ9....4 -9 9 ~6 (OL6} aN'Hd PROPERTY DESCRIPTION Ld K 0 69 SHADY LANE STREAM MARGIN REVIEW PLAN (PER DEED RECORDED IN BOOK 311 AT PAGE 307) %! 5~0 50 h i %31- BEGINNING AT A POST STANDING ABOUT 30 FEET SOUTH OF THE SOUTH BANK OF HUNTERS CREEK AND 50 42 00 0 <*22 FEET WEST FROM THE CENTER OF THE DENVER & RIO GRANDE RAILROAD TRACK, SAID POST BEING AT THE wk O) M z#%[5 A PARCEL OF LAND SITUATED IN SECTION 7, NORTHWEST CORNER OF PARCEL OF GROUND DEEDED TO SAID DENVER AND RIO GRANDE RAILROAD COMPANY BY ~9 - ti 926~m THE HALLAM LAND COMPANY; THENCE SOUTHERLY PARALLEL WITH â„¢E DENVER AND RIO GRANDE RAILROAD 266 OU (<1 52 <(51!E TOWNSHIP 10 SOUTH, RANGE 84 WEST OF THE 6TH P.M. THE ROARING FORK RIVER WITH COURSES WESTERLY AND NORTHERLY 780 FEET TO THE SOUTH BANK OF Trb q) 2,(DOCO FEET TO THE NORTH BANK OF THE ROARING FORK RIVER; THENCE FOLLOWING THE NORTH AND EAST BANK OF ZO N :251-3 SURVEYOR'S STATEMENT HUNTERS CREEK AT ITS JUNCTION WITH ROARING FORK RIVER; THENCE N89'44'E, 220 FEET TO THE PLACE OF 30: 0 g925 1, FRANK W. HARRINGTON, DO HEREBY STATE THAT THIS SURVEY WAS PREPARED BY HIGH COUNTRY ENGINEERING, INC. FOR COUNTY OF PITKIN, STATE OF COLORADO - BEGINNING. TOGETHER WITH ALL WATER RIGHTS PERTAINING THERETO. SE 8 mewa JACK C. ROWLAND, THAT SAID SURVEY WAS PREPARED BY ME OR UNDER MY SUPERVISION AND RESPONSIBLE CHARGE AND motto 111 AT IT IQ Twi 'gÂ· aNn coRRFCT To THF BEST OF MY BELIEF AND KNOWLEDGE. , 1 SITUATE, LYING AND BEING IN SECTION SEVEN (7), TOWNSHIP TEN (10) SOUTH, RANGE EIGHTY-FOUR (84) WEST 48 - *E W 1 1 NOnCE: ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL ACnON BASED UPON ANY DEFECT IN THIS SURVEY WITHIN THREE YEARS ( IN FEET ) AFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT MAY ANY ACTION 1 inch = 30 ft BY: BY: 1 OF1 BASED UPON ANY DEFECT IN THIS SURVEY BE COMMENCED MORE THAN TEN CLERK AND RECORDER DEPUTY YEARS FROM THE DATE OF: CERTIFICATION SHOWN HEREON. . . 0 . 0 . . . S3 LLI1I NI OOL90 - 17â‚¬S . 01 a. . /. 0. , I --0 -. Â¢2#9.1... 1 0 ... " 0.1 . . lie . I : 0 1 0 0 ....0 , .A. : ... 0. I / 1 -:I .0 P I ... 0 . . 0 0 D . - 1 D.0 0: 1 0 - 0 . : 0 .. 0 - -'--.1 0 Z - . .. .;. 0 0 , -1.0-1 . . 1 0 0 -0 0 . : 1 -0. 0. - I . 0 - 1 I : . ID .0 - 0. . I . 0 - 0. $ 1 4 - - - 0 .1 , 0 . :. 0 0 000 â€¢ I ... .. 1 I *- 0 0 1,0 --~ .. ..1 4 0 . . ':y 1 0 - 1.1---#.- , 0. - It e 1 - 1 0 2- . u h' .00: ''' 0 , 0 0 0 , ..3 Â». 1 ..14.- . 1 . 1 Â· 0 . I 0 . ... - .ar 0 . Â· Â· I .. . 1 . 1 : . . . . . .0 0 0 - : 0 . . --* Lk L . . .. .. .1 4 - . 2 0 1 . A '1-*-~ 0 . e . - . , .- .. 0. 1 - 0 0 : :.' A. -7 ...1 0 0. . 0 .... . 1 -:1 ........ . 0 -. , A. . ..D ... ' .- 4 ~ . . 0 ta, .1 " . D . , 0,0 0 ' Jt I ''' 0 ' 0 - 00. ". . . A .. 0 :.0 A .. :00 2 a . e. A . . I ... . . ... 0 ... ..WI/"21< ~ -'. .. .0 . .0 0 0 .... .. .... . A :0. ..1 0 -0 ... ..1 1 . I. ... . . 0 . 0/1 - 0 1 0.1 ..0 . 0-1 1 :.0 . .A . 1 ..11 - . A .. . 4 -0 1 Â£ - - 0 J . m - "~ : 0 - . 0 0 0 1 0 - 0.1 0. Â· .D .0 0 0 0 . . 0 I . 00.. ..1 .. : AL , 0 . 0 -0 .. : 1 0 0. . I A . ...... 1 .. 1 -0 . : - 4 0 ..: 1 . 0. - . . . . 4 . . A .. .. - - -0.- Al"Illj:Llylgi:B2|~~ 44 0 . M ' ... 0. 0 . A .0 . 0.1 .. -A .... 0 0 -- . 4 a . , 0 . 0 .. 2.10 , . . keE,---4$ . . ... 1 A. O . O .. .. 1 . 'b 0/ - D. 0 -- ... r . . 0: 00 00 k. . 0.1 - . 1 0. =R==*?SS:~G=~70, a . . - 1 ./ . A. . 1 .. . 0. 0 ., 0, â„¢19~ 0 ..:A-:.0 981*53 .,. ..... ... . Â»42/ry' I . . \9 - 1 - 0 0 ...0 .... . b , r4 .. . 1 , 1.0 -- 1 :+ -. 0 0 . A .0 - 0.1 :. .... ... 1 0 00 - ..1 :. lA. 0 - ..... A. : .. .: D .. . Al , 1 0. 0 .. 0 0 - h - . 0.- : 1 . 0- .. ..... .1 10 - le. . .. . I ..0. - 0 0. -4 -h 0 - 14. 4 t... 4, ?Fâ‚¬ 4 - . ../.ile D . ...... . 0 00 - 0-1 1 127[ A )15 1 0. 0 .... . : . 0 .1 0 0 . . 1. ) . A . .0 0 % 4 . 4 P I ./.Im . ' 4 St u *-R I. D - 0 - A . 1 1 ,: 0 0- 1., 00 trI * 1, 00 .... 0 /4- Pee , I I 4. , u $â€¢01 ..2 A. 0 1 - . 0 , .... 1: 1. .. . 0 1 0. 0 0 . . . - a . . i C; 0 \ LI 1. 0 ... 1. 1 - 0- 1 Â¥ 0 5 1 1 / ..1 0 . : 4 0 - I . I , .... I D. 1 1.0 . lillie . 0 0 1 eD . 0 . e }0. . 1 0. 1 - - :... U + . I. 0 0 2 -b . , ,. . 0- I D . 0 0 p - 1 0 - :'. 0.1 0 - ..0 1 1 0 . 1 0, ' 2 . 0- . - r -4,1 . 4% I . , .14 + 4- I 4. ' 3 - I . 0 - 0 .. 0 0 1 . 0.1 - . 0 .A. A 0. ..... . . 0 - AD- ..... . 0 d I + 117/1 ' ' â€¢ 0 1 1 0 0 0 D. 0 11 00.1 1 . ..1 1 --- .... P 44.3 2.:,17. ' $~Il I'll'll: PUBLIC NOTICE RE:69 SHADY LANE STREAM MARGIN REVIEW NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday May 18, 2010, ata meet- ing to begin at 4:30 p.m. before the Planning and Zoning Commission, Sister Cities Room, City Hall, 130 S. Galena St. Aspen, to consider an applica tion submitted by Jack Rowland, Fleeta Baldwin, and Jill Boyd tenants in common and owners of 69 Shady Lane; Aspen, Colorado 81611. Jack Row- land is the owner representative; 53 Nova Circle; Pine, Colorado 80470 - (303) 838.1826. The prop- erty is legally described as a 2.7 acre metes and bounds parcel lying in Section seven, Township ten south, Range eighty-tour west of the sixth principal meridian. The property is tocated at the conflu ence of Hunter Creek and the Roaring Fork River, just west of the Rio Grande Trail. The owner Â·would like to establish development parameters for the parcel Including possible development on a portion of the properly which is currently an island surrounded by waterways. For further information, ' contact Chris Bendon at the City ot Aspen Com- munity Development Department, 130 S. Galena St., Aspen, CO, (970) 429.2765, chns.bendon@ci.aspen.co.us. s/Stan Gibbs, Chair Aspen Planning and Zoning Commission Published in the Aspen Times Week/y on May 2, 2010. [4956143] 1 Notice is hereby given to the general public of the apt three (3) years, pursuant to the Land Use Code of thi properly: 726 West Francis, Lots K, L, AND M, Block ' Nothing in this approval shall exempt the developmen and ordinances or the City of Aspen provided that suct The approval granted hereby shall be subject to all n shall not begin to run until the date of publication of th shall be limited as s Section 10: All material representations and commitments made I hearing or documentation presented before the Plannii and the same shall be complied with as if fully set forth Section 11: This Ordinance shall not affect any existing litigation a ordinances repealed or amended as herein provided, at Section 12 ff any section, subsection, sentence, clause, phrase, jurisdiction, such portion shall be deemed a separate, d section_13 A public hearing on this ordinance will be held the 10th INTRODUCED, READ AND ORDERED PUBUSHED a Attest: /s/Kathrvn S. Koch, City Clerk Published in the Aspen Times Week/yon May 2,2010. 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 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 o f real property in the area o f the proposed change shall be waived. However, the proposed zoning map shall be available for public inspection in the planning agency during all business hours for fifteen (15) days prior to the public hearing on such amendments. 1 964Â»-1/n- The foregoing "Affidavit of Notice" was acknowledged before me this 3 day of Hoo~ , 2OM_' by +1544 Sco-4Â·Â£-1 " WITNESS MY HAND AND OFFICIAL SEAL My commission expires: 41 2 lbA 1 -D- b.404 ~RU- foate-.1/ s~-,~4 Notary Public ATTACHMENTS AS APPLICABLE: â€¢ COPY OF THE PUBLICATION â€¢ PHOTOGRAPH OF THE POSTED NOTICE (SIGN) â€¢ LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED BY MAIL â€¢ APPLICANT CERTIFICATION OF MINERAL ESTAE OWNERS NOTICE AS REQUIRED BY C.R.S. Â§24-65.5-103.3 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: 6 9 fEAnc~i L LE 8 , Aspen, CO SCHEDULED PUBLIC HEARING DATE: -Gt>01 0.-,7 Me~1 18; â‚¬ 417*)/n ,20, D STATE OF COLORADO ) ) SS. County of Pitkin ) 1, 04-na d a S co-2-e-1 (name, please print) being or repres6nting 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 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 (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 ofproperty 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 o f the public hearing. A copy of the owners and governmental agencies so noticed is attached hereto. (continued on next page) / ATTACHMENT 7 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: 69 Shadg Une , Aspen, CO SCHEDULED PUBLIC HEARING DATE: fr'(]Ly 1 7/ , 2001 STATE OF COLORADO ) ) SS. County of Pitkin ) I, Jodi Jacobsm (Haas (und flannin~/ llc) (name, please print) being or representing an Applicant to the City of AspeK, 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: X 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. I 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 the29"day of Apr-~ 1 , 20*Q_, to and including the date and time of the public hearing. A photograph Of the posted notice (sign) is attached hereto. 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 all owners of property within three hundred (300) feet of the property subject to the development application. The names and addresses of property owners shall be those on the current tax records of Pitkin County as they appeared no more than sixty (60) days prior to the date of the public hearing. A copy ofthe owners and governmental agencies so noticed is attached hereto. (continued on next page) 4 0 <4 Rezoning or text amendment. Whenever the official zoning district map is in any way to be changed or amended incidental to or as part of a general revision of this Title, or whenever the text of this Title is to be amended, whether such revision be made by repeal ofthis 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 of owners of real property in the area ofthe 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. %41 >*Cb-4~ SÂ®lature U The foregoing "Affidavit of Notice" was_Eknowlglged before me this /2 day of â€ž 4.4 ,1001.9-,by judi :1(le_ohion 0 WITNESS MY HAND AND OFFICIAL SEAL ...r r /0/ My commission expires: 5 /7Â·*99/11 ~ ~E ,:04 G. I W _ A. U--7, 1 4 'SENEY /w 6 kwic -aÂ· /9-uÂ£Â«, Notary Public - ATTACHMENTS: COPY OF THE PUBLICATION PHOTOGRAPH OF THE POSTED NOTICE (SIGN) LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED BY MAIL PUBLIC NOTICE RE: 69 SHADY LANE STREAM MARGIN REVIEW NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday May 18, 2010, at a meeting to begin at 4:30 p.m. before the Planning and Zoning Commission, Sister Cities Room, City Hall, 130 S. Galena St., Aspen, to consider an application submitted by Jack Rowland, Fleeta Baldwin, and Jill Boyd tenants in common and owners of 69 Shady Lane; Aspen, Colorado 81611. Jack Rowland is the owner representative; 53 Nova Circle; Pine, Colorado 80470 - (303) 838.1826. The property is legally described as a 2.7 acre metes and bounds parcel lying in Section seven, Township ten south, Range eighty-four west ofthe sixth principal meridian. The property is located at the confluence of Hunter Creek and the Roaring Fork River, just west of the Rio Grande Trail. The application seeks Special Review to appeal the Stream Margin Map's Top of Slope Determination for the subject property. For further information, contact Chris Bendon at the City of Aspen Community Development Department, 130 S. Galena St., Aspen, CO, (970) 429.2765, chris.bendon@ci.aspen.co.us. s/Stan Gibbs. Chair Aspen Planning and Zoning Commission Published in the Aspen Times on May 2, 2010 City of Aspen Account 1 0 d, r . 4. 2 41'. PUBLIc 11 '8=16â€¢1 11-1.=1 N> F /OUCE 1 5,E'.ST ;M.-E %,CO 7 1 lit - 1! * 1 . ASPEN CENTER FOR ENVIRONMENTAL ASPEN CONSOLIDATED SANITATION CALLWINNIE LLC STUDIES 565 N MILL ST 1606 CLEMSON CIR 100 PUPPY SMITH ST ASPEN, CO 81611 LA JOLLA, CA 92037 ASPEN, CO 81611 CITY OF ASPEN HINES GERALD D FRIEDBERG MARC S 50% INT ATTN FINANCE DEPT C/O DUGDALE MARIAN PO BOX 8747 130 S GALENA ST 2800 POST OAK BLVD ASPEN, CO 81612 ASPEN, CO 81611 HOUSTON, TX 77065-6100 ROARING FORK I LLC WILLOUGHBY PONDS TRUST 445 S FRONTAGE RD 180 N WACKER DR #001 BURR RIDGE, IL 60527 CHICAGO, IL 60606 :, J I . 9 94 6 94* * NA 1.2 ir" -3Rko 4 -- 034 4 4 4 9, 04:*- 4,â€¢,AP Afb# 9 + *uku- 91* l_ Kuâ€¢* ry,4+ 1 6..l +,4 <351. /4/.'~4&66 qs 46&04.09--i 2 1 ULAA...,- -44.1 67 -3 _-peLA lu.442 14pt#4-A~ wu~ok# 61- pwr~1 A"u,% 1~0 ---de 1~..4.~ 67 '-*t- - at5 r/WaS d",4 u Aim 44' n*,b Â»L_,4 0,4- Fid ~h . 6,L Jele [ke Amt pU 4-r &91Â°re Nof 4 ste, -rri~ - lo y.s .po gel doâ€¢944Ce 4 p Fg 40 50' 4 aek F -PÂ« 0 - -*Ac-61. PÂ«*5 - ~_~MIkiw41 ag, 4 a_HA-- 7,4- ic-JAR*$ A &,arl- A AM#w dat obÂ« U.14 13*/4 4- Al 84"Ke et- Flod-~ a.w. 735 - -7- 9. RAU *114 % +-F. le 4 A*a ovwl RaAr k re,4 L LI+1* t-*.44 Ae c . 12&~_ 3/. A-*e- Ats Fisbu..M e~u-,4-. , 1. rf, 44-/W F#irk 1-,4 rh.-c- 604 k,4: al' 44#62 16 A~,6 6-1 0+41~ FhA ,â€žr_,(- * (WO /7 - i. 45Â» 79. U.IL OW,c.4-c 2*n PMTmt- uÂ» 11 Flow rÂ»mt Sk.jl be- u.,e..~ 4 44Â£ 0":2, 42 11* pÂ¢.4.-i. c..4 +4. l#6 2 .fLr- .4 1-40 -4-0 64 -t>RIA r.~1 f *64%4. . ( h- 1 j. 04-4 . -1.---- 3 12 . 6 .//0 i - - MEMORANDUM TO: Aspen Planning and Zoning Commission FROM: Chris Bendon, Community Development Director /) L AA. RE: 69 Shady Lane Stream Margin Review - Public Hearing Resolution No. , Series 2010. MEETING DATE: June 15,2010 SUMMARY: APPLICANT /OWNER: Owner - Jack Rowland, Fleeta Baldwin, Jill The applicant is seeking an appeal to the City's Boyd, and Roine St. Andre as tenants in top-of-slope mapping to determine the common. The application has been development rights for this property. While no authorized by Jack Rowland, Fleeta development is currently proposed, this Baldwin, and Jill Boyd, representing a determination will provide clarity on the developability of the property. majority of the property ownership. The top-of-slope determines where and how REPRESENTATIVE: development can occur on a riverside Mitch Haas, Haas Land Planning. properties. The City's top-of-slope mapping was done about a decade ago and is LOCATION: 69 Shady Lane. Confluence of the Roaring conservative. In some cases, the mapping is overly conservative. This property exists Fork River and Hunter Creek. entirely below the mapped top-of-slope, rendering the property undevelopable without CURRENT ZONING: this Special Review. Survey information and a Low Density residential - R-30 site visit indicate that while this property should have development limitations and river setbacks CURRENT USE: there is a significant area of the property that is Two detached residences and various appropriate for development. outbuildings. STAFF RECOMMENDATION: Staff believes the proposal meets the standards of review and is recommending approval with conditions. LAND USE REQUEST AND REQUIRED PROCESS: The City will be reviewing the following land use action for the property at 69 Shady Lane: â€¢ Stream Margin Special Review to appeal top-of-slope. The application shall be approved, approved with conditions or denied by the Planning and Zoning Commission. 1 PROJECT SUMiMARY: The applicant is not proposing a specific development plan at this point. The river, high-water line, top-of-slope, floodplain, and floodway all coincide on this property and make even an estimate of development rights difficult. For that reason, the applicant is pursuing this review to establish the development parameters for this property. TERMS: A few terms of art will be used for this case. The floodpMin is the area affected by flood waters and certain building restrictions are effective in this area - principally that development may not increase the height of flood water and that the finished floor level of a structure must be one foot or higher above that base flood level. The floodway is essentially the river channel during a flood event necessary to convey and discharge water. Development in the floodway is very restricted and only allows types of structures that cannot be dislodged and enter a flooding event. The City Engineer is the City' s designated flood plain administrator and is responsible for implementing these development restrictions. Mapping of this area provided by the National Flood Insurance Program indicates that significant portions of the property, including the entire island, are within the floodway. The high-water line is used to determine a property's development rights. Areas below a high- water line do not contribute to Lot Area and do not increase a property' s floor area or allowed density. The high-water line is the point at which the presence and action of water are so regular as to impress a character distinguishing a river bank from a river bed. (I.e. a river bank has soil and vegetation and a river bed does not.) The top-*slope is the point along a river separating the flat or natural topography of the land from the steeper river bank. It can be considered the top edge of the river bank. STAFF ANALYSIS AND RECOMMENDATION: This property is heavily affected by the river but is developable. There is an existing house located just outside of the flood plain and no history or evidence of flooding damage to the structure. The City's top-of-slope map for this property is way too restrictive and unreasonable. A closer examination of this property indicates that the top-of-slope should be much closer to the river, similar to how the applicant has mapped the line. The property' s island is within the floodway, shows evidence of past flooding, included sections inundated with water during the site visit, and includes both wetland and non-wetland vegetation. While a top-of-slope determination for the island would probably indicate that the island can be developed, it is within the floodway and cannot be developed. Other sections of the main property are outside both the floodway and the floodplain and a more-reasonable top-of-slope would render these areas appropriate for development. Staff recommends that the applicant map a development boundary line that is the more- restrictive of the floodway and the top-of-slope to be approved by the City Engineer and the 2 Community Development Director and then recorded. In some areas this line will track the top- of-slope. In other areas this line will track with the fioodway. From the top-of-slope line there should be established a 15-foot setback and the 45-degree progressive height limit. Staff and the applicant have discussed this strategy and agree in principal. Some minor fine- tuning of the top-of-slope mapping should occur based on the site visit and the applicant appears willing to make those changes. The applicant has developed a revised map and will bring that to the hearing. Staff will be prepared to comment further on the revised map then. Community Development staff also believes the map should indicate and tabulate all areas of the property above/below the high water line, affected by steep slopes, or affected by easements (including potential proscriptive easements). This will enable the owner, prospective owners, and staff to easily determine Lot Area and development rights. Parks Department staff recommends that riparian areas of the property be rehabilitated. The property is not significantly degraded and restoration can be done at the time the property is redeveloped. Parks is also requesting a fishing easement be provided by the applicant. This is a request and not a requirement. The property also contains a well and what appears to be a pump system feeding directly into the roaring fork, possibly for irrigation. City Utilities will require the property be connected to the City's water system, the well be abandoned, all well rights be vacated to the City, and that the irrigation pump be abandoned. Again, this can be at the time of redevelopment. Staff is recommending adoption of a resolution defining conditions of approval and requiring recordation of this development boundary map mentioned above. Staff is recommending future redevelopment in compliance with these regulations not be subject to an additional review by the Commission. This allowance would be in place for at least the period of vested rights or as long as the City's riverfront regulations remained the same. Staff recommends that if the City changes riverfront development restrictions that the property be subject to those new requirements and possibly another Commission review. RECOMMENDED MOTION (ALL 1MOTIONS ARE WORDED IN THE AFFIRMITIVE): "I move to approve Resolution No. , Series of 2010, Stream Margin Review for 69 Shady Lane." ATTACHMENTS: Exhibit A - Referral Comments Exhibit B - Review standards from Land Use Code Exhibit E - Application Uj RESOLUTION N0. (SERIES OF 2010) A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING COMMISSION APPROVING A SPECIAL REVIEW STREAM MARGIN REVIEW FOR 69 SHADY LANE, CITY OF ASPEN, COLORADO. PARCEL ID: 2735-073-00-012 WHEREAS, the Community Development Department received an application from the owners of 69 Shady Lane - Jack Rowland, Fleeta Baldwin, Jill Boyd, and Roine St. Andre, owners as tenants in common. The application has been authorized for submission by Jack Rowland, Fleeta Baldwin, and Jill Boyd, representing a majority of the property ownership; and, WHEREAS, the property is located at the confluence of the Roaring Fork River and Hunter Creek and is subject to the City's regulations on stream margin development; and, WHEREAS, the City' s mapping for top-of-slope excludes this property entirely from that area where development can occur and the applicant has submitted an appeal of the determination as permitted in Section 26.435.040 of the City of Aspen Land Use Code; and, WHEREAS, the property is also affected by the floodplain and the floodway designation as depicted on the Flood Insurance Rate Map and interpreted and enforced by the City Engineer in her official capacity as the City's Floodplain Administrator; and, WHEREAS, during a duly noticed public hearing continued from May 18, 2010 to and held on June 15, 2010, upon review and consideration of the recommendation of the Community Development Department, presentation from the applicant, public testimony, and discussion and consideration of the proposal, the Planning and Zoning Commission approved the Stream Margin Special Review, by a - to _ C_-_) vote, with the allowances and limitations as outlined in this resolution. NOW, THEREFORE BE IT RESOLVED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF ASPEN, COLORADO THAT: Section 1: Approval of Stream Margin Review The Planning and Zoning Commission hereby approves the Stream Margin Special Review with the following conditions: 1. A Stream Margin map for this property shall be prepared by the applicant for approval by the City Engineer and the Community Development Director. The map shall describe and depict a development boundary based on the more restrictive of the Floodway and the top-of-slope. The map shall also indicate and tabulate all areas of the property above and P&Z Reso No. , Series of2010 Page 1 below the high water line, those areas affected by steep slopes, and those areas affected by right-of-way or access easements, including potential proscriptive easements. This map shall be attached to and recorded along with this Resolution. A 24" x 36" copy of the map shall also be retained in the planning file and the building address file. 2. All development within the development boundary shall be setback at least fifteen (15) feet from the top-of-slope. In addition, any development within the development boundary and within thirty (30) feet of the top-of-slope shall be subject to both a forty- five degree (45Â°) progressive height limit from the top-of-slope and the height limitations of the zone district. 3. Development between the development boundary and the top-of-slope shall be limited to those types of development allowed within property setbacks as defined in the Land Use Code and the height limitations described above, provided such development is also consistent with floodplain and floodway restrictions. 4. Development on the river-side of this development boundary shall be limited to at-grade type work which will not raise the base flood elevation and which is secured to the ground and cannot enter a flood event. Any development activity including landscaping shall be subject to approval by the Community Development Director and the City Engineer. 5. A riparian restoration plan approved by the City of Aspen Parks Department shall be required prior to acceptance of a building permit application for this property. The restoration plan shall require implementation of the restoration prior to issuance of a Certificate of Occupancy. Remodeling or other similarly limited development activity, as determined by the Community Development Director, shall not trigger this restoration requirement. 6. Prior to issuance of a building permit for redevelopment of this property, the well and irrigation pump shall be vacated and all water rights shall be assigned to the City of Aspen. The property shall be connected to the City of Aspen water system. Remodeling or other similarly limited development activity, as determined by the Community Development Director, shall not trigger this well abandonment requirement. Section 2: Fishing Easement The Planning and Zoning Commission encourages the applicant to provide a Fisherman' s Easement along the watercourses within this property. The applicant is encouraged to discuss with the City of Aspen Parks Department ideas that may facilitate such a grant of easement such as labor or design assistance with the riparian restoration plan. Section 3: Vested Rights This approval shall be valid for the greater of the three-year period of statutory vested rights, as more precisely defined in the Development Order issued by the Community Development Department, or until the City's Stream Margin regulations are amended. The period of statutory vested rights may be extended pursuant to Chapter 26.308 of the Land Use Code. Until said time, development on this property in compliance with this resolution may proceed to building permit as allowed herein. After said timeframe, this approval shall be subject to any revised P&Z Reso No. _, Series of 2010 Page 2 provisions of the Land Use Code and may, based on a determination by the Community Development Director, be subject to review by the Planning and Zoning Commission. Section 4: 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, 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 5: 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 6: 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 vaiidity of the remaining portions thereof. APPROVED BY the Planning and Zoning Commission of the City of Aspen on this 15th day of June, 2010. APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION: Jim True, Special Counsel Stan Gibbs, Chairman ATTEST: Jackie Lothian, Deputy City P&Z Reso No. _, Series of2010 Page 3 54*A Memorandum Date: June 2, 2010 To: Chris Bendon, Community Development Director 0000--4 From: Brian Flynn, Parks Department Re: 69 Shady Lane Parks Department Requirements: Trails/Easements: 1) Based on the recommendations of the Aspen Area Community Plan the applicant is requested to provide a fisherman's easement along the south side of the island (branch of the river between ACES and the Islan) Landscaping: 1) The applicant will be required during development to make improvements to the native riparian vegetation along the Stream Margin within the 15' setback. Development approvals will be contingent on this aspect of the Stream Margin review. Top of Slope: 1) The Parks Department believes that the island is of important value to the river corridor and should be omitted from the Top of Slope appeal. The island has had limited human impact and has well established river habitat. Both aspects provide appropriate river and water ecology to help control run off, flooding and river health. 6. The placement and cj,ste;ing of structures will minimize the ed for roads, limit cutting and gral~pg/ maintain open space, and preserve mountain as a scenic resource. 7. Build ik'~eioht and bulk will be minimized a e structure will be dest}pito blend jpidthe open character of the mountain. 8. Sufficient water pressure and er utilities are availabl e~tp1~ervice the proposed development. 9. Adequate roads are ailable to serve the propo~ development, and said roads can be properly mainta ed. 10. Adequa ingress and egress is ava~blito the proposed developmenty..06Â§ to ensure ade ate access for fire pro~nd snow removal equipmen.~ . The recommendations Â»f the Aspen Area Community PlaT Parks/Recreation/TraiM Plan are implemented''~in the proposed development, to tife greatest extent prakcal. (Ord. No. 55- 7) 26.435.040 Stream Margin Review. A. Applicability. The provisions of the Stream Margin Review' shall apply to all development within one hundred (100) feet, measured horizontally, from the high water line of the Roaring Fork River and its tributary streams, and to all development within the Flood Hazard Area, also known as the 100-year flood plain. B. Exemptions. The Community Development Director may exempt the following types of development within the Stream Margin Review area: 1. Construction of pedestrian or automobile bridges, public trails, or structures for irrigation, drainage, flood control or water diversion, bank stabilization, provided plans and specifications are submitted to the City Engineer demonstrating that the structure is engineered to prevent blockage of drainage channels during peak flows and the Community Development Director determines the proposed structure complies, to the extent practical, with the Stream Margin Review Standards. 2. Construction of improvements essential for public health and safety which cannot be reasonably accommodated outside of the "no development area" prescribed by this Section including, but not limited to, potable water systems, sanitary sewer, utilities, and fire suppression systems provided the Community Development Director determines the development complies, to the extent practical, with the Stream Margin Review Standards. City of Aspen Land Use Code. August, 2007. Part 400, Page 74 3. The expansion, remodeling, or reconstruction of an existing development provided the following standards are met: a. The development does not add more than ten (10) percent to the fioor area of the existing structure or increase the amount of building area exempt from floor area calculations by more than twenty-five (25) percent. All stream margin exemptions are cumulative. Once a development reaches these totals, a Stream Margin Review by the Planning and Zoning Commission is required; and, b. The development does not require the removal of any tree for which a permit would be required pursuant to Chapter 13.20 of this Code. c. The development is located such that no portion of the expansion, remodeling or reconstruction will be any closer to the high water line than is the existing development; d. The development does not fall outside of an approved building envelope if one has been designated through a prior review; and e. The expansion, remodeling or reconstruction will cause no increase to the amount of ground coverage of structures within the 100-year flood plan. C. Stream Margin Review Standards. No development shall be permitted within the Stream Margin of the Roaring Fork River unless the Community Development Director makes a determination that the proposed development complies with all requirements set forth below: 1. It can be demonstrated that any proposed development which is in the Special Flood Hazard Area will not increase the base flood elevation on the parcel proposed for development. This shall be demonstrated by an engineering study prepared by a professional engineer registered to practice in the State of Colorado which shows that the base flood elevation will not be raised, including, but not limited to, proposing mitigation techniques on or off-site which compensate for any base flood elevation increase caused by the development; and 2. The recommendations of the Aspen Area Community Plan: Parks/Recreation/Open Space/Trails Plan and the Roaring Fork River Greenway Plan are implemented in the proposed plan for development, to the greatest extent practicable. Areas of historic public use or access shall be dedicated via a recorded easement for public use. A fisherman's easement granting public fishing access within the high water boundaries of the river course shall be granted via a recorded "Fisherman's Easement;" and 3. There is no vegetation removed or damaged or slope grade changes (cut or fill) made outside of a specifically defined building envelope. A building envelope shall be designated by this review and said envelope shall be designated by this review and said envelope shall be recorded on a plat pursuant to Section 26.435.040(F)(1); and City of Aspen Land Use Code. August, 2007. Part 400, Page 75 4. The proposed development does not pollute or interfere with the natural changes of the river, stream or other tributary, including erosion and/or sedimentation during construction. Increased on-site drainage shall be accommodated within the parcel to prevent entry into the river or onto its banks. Pools or hot tubs cannot be drained outside of the designated building envelope; and 5. Written notice is given to the Colorado Water Conservation Board prior to any alteration or relocation of a water course, and a copy of said notice is submitted to the Federal Emergency Management Agency; and 6. A guarantee is provided in the event a water course is altered or relocated, that applies to the developer and his heirs, successors and assigns that ensures that the flood carrying capacity on the parcel is not diminished; and 7. Copies are provided of all necessary federal and state permits relating to work within the 100-year flood plain; and 8. There is no development other than approved native vegetation planting taking place below the top of slope or within fifteen (15) feet of the top of slope or the high waterline, whichever is most restrictive. This is an effort to protect the existing riparian vegetation and bank stability. New plantings (including trees, shrubs, flowers, and grasses) outside of the designated building envelope on the river side shall be native riparian vegetation as approved by the City. A landscape plan will be submitted with all development applications. The top of slope and 100-year fiood plain elevation of the Roaring Fork River shall be determined by the Stream Margin Map located in the Community Development Department and filed at the City Engineering Department; and 9. All development outside the fifteen (15) foot setback from the top of slope does not exceed a height delineated by a line drawn at a forty-five (45) degree angle from ground level at the top of slope. Height shall be measured and determined by the Community Development Director using the definition for height set forth at Section 26.104.100 and method of calculating height set forth at Section 26.575.020 as shown in Figure "A" and 43 4â€¢2â€¢â€¢ 4 progr,~ 1,â€¢ / ne' g"t I 1'.:t/4. "m-'.ruflliAL I *_li21.LLF't: 6 1/ / 1 00 A.r=cli~~ 1 1... 00/ ...i G;Fl==7Â· 4 ~~L 13 -1 4 , S.thec' 1 Figurm -A" City of Aspen Land Use Code. August, 2007. Part 400, Page 76 FifIEI 10. All exterior lighting is low and downcast with no light(s) directed toward the river or located down the slope and shall be in compliance with Section 26.575.150. A lighting plan will be submitted with all development applications; and 11. There has been accurate identification of wetlands and riparian zones. D. Appeal of Director's Determination. An appeal of a determination in regards to a Stream Margin Application or in regards to the top of slope determination made by the Community Development Director, shall be reviewed as a Special Review pursuant to subsection E, below. In this case, the Community Development Director's finding shall be forwarded as a recommendation and a new application need not be filed. E. Special Review. An application requesting a variance from the Stream Margin Review Standards, or an appeal of the Stream Margin Map's top of slope determination, shall be processed as a Special Review in accordance with Common Development Review Procedure set forth in Chapter 26.304. The Special Review shall be considered at a public hearing for which notice has been published, posted and mailed, pursuant to Section 26.304.060(E)(3)(a, b, and c). Review is by the Planning and Zoning Commission. A Special Review from the Stream Margin Review Determination may be approved, approved with conditions, or denied based on conformance with the following review criteria: 1. An authorized survey from a Colorado Professionally Licensed Surveyor shows a different determination in regards to the top of slope and 100-yeap fiood plain than the Stream Margin Map located in the Community Development Department and filed in the City Engineering Department; and 2. The proposed development meets the Stream Margin Review Standard(s) upon which the Community Development Director had based the finding of denial. F. Building Permit Submittal Requirements. Prior to receiving a building permit for a property within the stream margin review area, the following must be submitted: 1. The applicant shall record a site improvement plat with topography prepared by a Colorado licensed, professional surveyor showing the building envelope determined by the Community Development Director based on the Stream Margin Review Map located in the Community Development Department. 2. Site sections drawn by a registered architect, landscape architect, or engineer shall be submitted showing all existing and proposed site elements, the top of slope, and pertinent elevations above sea level. 3. The building envelope shall be barricaded prior to issuancd of any demolition, excavation or building permits. The barricades shall remain in place until the issuance of Certificates of Occupancy. (Ord. No. 45-2001, Â§ 3) City of Aspen Land Use Code. August, 2007. Part 400, Page 77 RESOLUTION N0. (SERIES OF 2010) A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING COMMISSION APPROVING A SPECIAL REVIEW STREAM MARGIN REVIEW FOR 69 SHADY LANE, CITY OF ASPEN, COLORADO. PARCEL ID: 2735-073-00-012 1-*t~~ WHEREAS, the Community Development Department received an application from the owners of 69 Shady Lane - Jack Rowland, Fleeta Baldwin, Jill Boyd, and Roine St. Andre, owners as tenants in common. The application has been authorized for submission by Jack Rowland, Fleeta Baldwin, and Jill Boyd, representing a majority of the property ownership; and, WHEREAS, the property is located at the confluence of the Roaring Fork River and Hunter Creek and is subject to the City's regulations on stream margin development; and, WHEREAS, the City's mapping for top-of-slope excludes this property entirely from that area where development can occur and the applicant has submitted an appeal of the determination as permitted in Section 26.435.040 of the City of Aspen Land Use Code; and, WHEREAS, the property is also affected by the floodplain and the floodway designation as depicted on the Flood Insurance Rate Map and interpreted and enforced by the City Engineer in her official capacity as the City's Floodplain Administrator; and, WHEREAS, during a duly noticed public hearing continued from May 18, 2010 to and held on June 15, 2010, upon review and consideration of the recommendation of the Community Development Department, presentation from the applicant, public testimony, and discussion and consideration of the proposal, the Planning and Zoning Commission approved the Stream Margin Special Review, by a _ to _ C_-_) vote, with the allowances and limitations as outlined in this resolution. NOW, THEREFORE BE IT RESOLVED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF ASPEN, COLORADO THAT: Section 1: Approval of Stream Margin Review The Planning and Zoning Commission hereby approves the Stream Margin Special Review with ' the following conditions: 1. A Stream Margin map for this property shall be prepared by the applicant for approval by the City Engineer and the Community Development Director. The map shall describe and depict a development boundary based on the more restrictive of the Floodway and the top-of-slope. The map shall also indicate and tabulate all areas of the property above and P&Z Reso No. , Series of 2010 Page 1 below the high water line, those areas affected by steep slopes, and those areas affected by right-of-way or access easements, including potential proscriptive easements. This map shall be attached to and recorded along with this Resolution. A 24" x 36" copy of the map shall also be retained in the planning file and the building address file. 2. All development within the development boundary shall be setback at least fifteen (15) feet from the top-Of-slope. In addition, any development within the development boundary and within thirty (30) feet of the top-of-slope shall be subject to both a forty- five degree (45Â°) progressive height limit from the top-of-slope and the height limitations of the zone district. 3. Development between the development boundary and the top-of-slope shall be limited to those types of development allowed within property setbacks as defined in the Land Use Code and the height limitations described above, provided such development is also consistent with floodplain and floodway restrictions. 4. Development on the river-side of this development boundary shall be limited to at-grade type work which will not raise the base flood elevation and which is secured to the ground and cannot enter a flood event. Any development activity including landscaping shall be subject to approval by the Community Development Director and the City Engineer. 5. A riparian restoration plan approved by the City of Aspen Parks Department shall be required prior to acceptance of a building permit application for this property. The restoration plan shall require implementation of the restoration prior to issuance of a Certificate of Occupancy. Remodeling or other similarly limited development activity, as determined by the Community Development Director, shall not trigger this restoration requirement. 6. Prior to issuance of a building permit for redevelopment of this property, the well and irrigation pump shall be vacated and all water rights shall be assigned to the City of Aspen. The property shall be connected to the City of Aspen water system. Remodeling or other similarly limited development activity, as determined by the Community Development Director, shall not trigger this well abandonment requirement. ~- Section 2: Lot Area The effective Lot Area of the subject property for purposes of calculating allowable Floor Area (FAR) is as follows: AA Lot Size: 120,007.8 sf Area below High Water Line (HWL): - 18,751.0 sf Sub-total 101,256.8 sf Shady Lane prescriptive easement: - 288.0 sf Sub-total 100,968.8 sf 14 Area above HWL and with 20-30% slope: - 1,247.5 sf Sub-total 99,721.3 sf 1 P&Z Reso No. , Series of2010 Page 2 Area above HWL and with 2 30% slope: - 2,035.Osf TOTAL LOT AREA for calculating FAR: 97,686.3 sf Per Section 26.710.080 - R.-30 Zone District, the total allowable FAR for a single-family ~ residence is 7,553.72 s.f. Similarly, total allowable FAR for a duplex is 8,450.59 s.f. ~ The Lot Area for purposes of determining allowable density (no slope area reductions) is ~ 100,968.8 s.f. E- Section 3: Fishing Easement The Planning and Zoning Commission encourages the applicant to provide a Fisherman' s Easement along the watercourses within this property. The applicant is encouraged to discuss with the City of Aspen Parks Department ideas that may facilitate such a grant of easement such as labor or design assistance with the riparian restoration plan. Section 4: Vested Rights This approval shall be valid for the greater of the three-year period of statutory vested rights, as more precisely defined in the Development Order issued by the Community Development Department, or until the City' s Stream Margin regulations are amended. The period o f statutory vested rights may be extended pursuant to Chapter 26.308 of the Land Use Code. Until said time, development on this property in compliance with this resolution may proceed to building permit as allowed herein. After said timeframe, this approval shall be subject to any revised provisions of the Land Use Code and may, based on a determination by the Community Development Director, be subject to review by the Planning and Zoning Commission. Section 5: 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, 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 6: 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 7: 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. P&Z Reso No. _, Series of 2010 Page 3 APPROVED BY the Planning and Zoning Commission of the City of Aspen on this 15th day of June, 2010. APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION: Jim True, Special Counsel Stan Gibbs, Chairman ATTEST: Jackie Lothian, Deputy City P&Z Reso No. , Series of2010 Page 4 0 -acul- 69 SHADY LANE STREAM MARGIN REVIEW PLAN 28 5 m clki=b Z - %002 U COM A PARCEL OF LANDSITUATED IN SECTION 7, g-1 1- ti Eest ON F <OWQ TOWNSHIP 10 SOUTH, RANGE 84 WEST OF THE 6TH P.M. 0 4, o DiD[ra ME o R %225 COUNTY OF PITKIN, STATE OF COLORADO %88 M <O - M Am m REBAR & CAP----~ 0~ ~m 0 L, S.#20151 (FND) 06 D f PROPERTY DESCRIPTION Z (PER DEED RECORDED IN BOOK 311 AT PAGE 307) W th / BEGINNING AT A POS'- STANDING ABOUT 30 FEET SOUTH OF THE SOUTH BANK OF HUNTERS CREEK AND 50 FEET WEST FROM THE CENTER OF THE DENVER & RIO GRANDE RAILROAD TRACK, SAID POST BEING AT THE NORTHWEST CORNER )F PARCEL OF GROUND DEEDED TO SAID DENVER AND RIO GRANDE RAILROAD COMPANY BY // THE HALLAM LAND C0MPANY; THENCE SOUTHERLY PARALLEL WITH THE DENVER AND RIO GRANDE RAILROAD 266 1 2.j- 1 103%-7 16 / FEET TO THE NORTH BANK OF THE ROARING FORK RIVER; THENCE FOLLOWING THE NORTH AND EAST BANK OF 4 THE ROARING FORK RVER WITH COURSES WESTERLY AND NORTHERLY 780 FEET TO THE SOUTH BANK OF 6 GRAPHIC SCALE ~' ~ ~ (i 7,- . BEGINNING. TOGETHER WITH ALL WATER RIGHTS PERTAINING THERETO. HUNTERS CREEK AT HS JUNCTION WITH ROARING FORK RIVER; THENCE N89'44'E, 220 FEET TO THE PLACE OF ,1 Â£1 1 I IA . 1 A W A A Ion 00 -1- c<1.1 Â£.3 _ _ __ . . -- _ _ -- -- - .__.- ,_ .' I tj LL - 00 3-2 d- 0 0 Ze 11 E > ac Â¢ a. Al 0 5Â§ E taR 690 0 Z ZW 53 *J 0 4 a: 0 bdww 00,0. <(00 JECT NO. 1640.00 --' \ 1 NOTICE: ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL ACRON BASED UPON ANY DEFECT IN THIS SURVEY WITHIN THREE YEARS AFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT MAY ANY ACnON BASED UPON ANY DEFECT IN THIS SURVEY BE COMMENCED MORE THAN TEN 1 OF1 YEARS FROâ€¢ THE DATE OF CERDFICATION SHOWN HEREON . e . . . . . . 1VAVDX3 i n -17 0 18 NOISI 31Â¥a O L-â‚¬2-2 9952â‚¬96 C XV.=1 - 9Â£99Â·996 C WOO'9143OH' 00Â¥210700 D . ... , .1 . ... I V ... :, I -= 1 . ... - -&//- . . 0.0 . ... 0 1 000 1 :0/ I. ./ 0 :00 :-' I ../1.' m.- 1 0 - . ... D . .. ... .7.- A ... . .1 1 . . 0 ... .. I. ., .Â· 0 ... ........ .:..... . .: 1 0 . ... 1-0= I ./ I . . 0 . 1 . 0 . I . I. 1 - 1 1 -*' ;I. . I ...1 .... .... . ...... 0 . .. ..0 --=--A*.0 .lin . 1 . .... 0. . 0 1 0 : A. . . 1 ... a . 0 . :; lie '.. . ... .:0 4. . - 0 0 1 -1 A D L- Fi----= . .1 . 1 . .. ...1 /1 1 . . I. 0 . . . . 0 . 1 . . :. 0 1 .... .. . . . . . 0 I ..1 1-r ..6 - ..2....9. 4 A ..:. D a 0 1 54 I. . .. .... :1 , 0: /' A . 0. =* 0 0,0 0 20 .... -.;../1.I"i- . . 9--9-I-: o III~91:4~12[alllicziii ....0. 01% .0 /0 : A . 0 .. , 0. 91 1 0 1Jz :,0. ... I ... . I . , 1 . .. . A . I , 0 '. . A . . I . . : .. . .. 0 & . ... 4 . . . .. 0 ..:. . 0 :-p . . ... .0 0 : .... 0 . 4. 0. 0. A .1 & I :. :,0 .1 . . : I. 0 " 1 . ... 0 .. I - ... .. . .. . 0 , A : :.. .. .. 0. .. D ....... '. 0.1 - " .- . 0 . 0 - ..... . . . . :.. . 1 I. . ..1 . ... . 00 0 - 1 .. 'A 1 00. -0 - 0 9 , . : ... . .. :4 .. . :... .. :.. . . lA 1 :.0 .: I .A ... 1 I . " 0 0 0 0 . ... . '. .... .. :.. ..1 . .. . I . ..1 1 :.0 ... 0, 1. . A .. .. . 0 1 0- I . 1 0 .... . . :........ . I ., A . . ..1 0. .... 1 1 , :A . I. Al . 0 0 0 0 .. ....: .. 0 I .. . . .. , D .... .. ,.. ... 0 0 I. A- :A I. ./ I ./ I . 1. . .. D . 0- . 1 -0 .. .1 - : A- A. I .: 1 0 0 ./ .. 0 10. .. .. . ..1 0. 0 .. . I ... . 0 0 -. , 1. 0 , I: 0, I. ..1 .:'' 4 0 1 - D .â€¢ 0 -0 .... 4 .:.. D . 0 .:.... . I rI ..D m . 0. . 4 : . .. 0 . 1 . D: A. : 0 0 I . . . :. A. .. . ... .: . 0 1 A. . I ... 0 4 . A. 1 0 - D \ X. ... f I.... I 0 1 0 1 I . / 0 ... 0. A. , 11 1 I U 4 . I. 0. ... . A . 1 . .0 .. r , . I . 0 A. 1 1 V. A . /.- 0 : ,./ . 1 .. . 0 ....0 I .- . :00.. 1 . 1 I . .. 0. . . ...0 : , . .A . . .. ....: 0 - - 0- ......:.: 0 - ... 1 i % . 0 00 . : I . 0 ...: ... - 4 . 0 0. ' ..........44 69 SHADY LANE STREAM MARGIN REVIEW PLAN PROPERTY DESCRIPTION .09 > w Quizg Z Z >003 5 2,ug (PER DEED RECORDED IN BOOK 311 AT PAGE 307) *W 0 2 <OMD A PARCEL OF LAND SITUATED IN SECTION 7, 25 a @ 25%% --1 -h {0 VAW BEGINNING AT A POST STANDING ABOUT 30 FEET SOUTH OF THE SOUTH BANK OF HUNTERS CREEK AND 50 b 0 61 :i < 9-~ 3 TOWNSHIP 10 SOUTH, RANGE 84 WEST OF THE 6TH P.M. NORTHWEST CORNER OF PARCEL OF GROUND DEEDED TO SAID DENVER AND RIO GRANDE RAILROAD COMPANY BY ...LL /n - Â°boto FEET WEST FROM THE CENTER OF THE DENVER & RIO GRANDE RAILROAD TRACK, SAID POST BEING AT THE zO N z Clova THE HALLAM LAND COMPANY; THENCE SOUTHERLY PARALLEL WITH THE DENVER AND RIO GRANDE RAILROAD 266 62 38 ooz 01 0 G %558 SURVEYOR'S STATEMENT COUNTY OF PITKIN, STATE OF COLORADO THE ROARING FORK RIVER WITH COURSES WESTERLY AND NORTHERLY 780 FEET TO THE SOUTH BANK OF FEET TO THE NORTH BANI< OF THE ROARING FORK RIVER; THENCE FOLLOWING THE NORTH AND EAST BANK OF 9 0 9 H 1, FRANK W. HARRINGTON, DO HEREBY STATE THAT THIS SURVEY WAS PREPARED BY HIGH COUNTRY ENGINEERING, INC. FOR HUNTERS CREEK AT ITS JUNCTION WITH ROARING FORK RIVER; THENCE N89'44'E, 220 FEET TO THE PLACE OF LL]*LU 20 -1- N \ BEGINNING, TOGETHER WITH ALL WATER RIGHTS PERTAINING THERETO. O mwa ~CAKT j: I~OR~END~N~AC~RS~~~TS?ORECEYATPRO~PARYEDBETEFMEAN~RKUNNO~1[:GE. SUPERVISION AND RESPONSIBLE CHARGE AND SLOPE LEGEND REBAR & CAP- L.S.#20151 (FND) 0% - 19.99% SLOPE -... SITUATE, LYING AND BEING IN SECTION SEVEN (7), TOWNSHIP TEN (10) SOUTH, RANGE EIGHTY-FOUR (84) WEST 9kf FRANK W. HARRINGTON, L.S. NO. 19598 OF THE SIXTH PRINCIPAL MERIDIAN. M BY 20% - 29.99% SLOPE / W ,/0 230% SLOPE - \ PROPERTY DESCRIPTION Kh,bt k S - WEST 1/4 CORNER SECnON 7 3" BUM BRASS CAP (FND) ZONE X ASPEN CENTER FOR ENVIRONMENTAL STUDIES PARCEL NO. 273707300801 BOOK 568, PAGE 75 4 1 Id' ROARING U FORK RIVER /1 . I BOOK 568. PAGE 75 -- 0'> REFERENCES CENTER \:..5 OF ROARING FORK -SIVER 0 '27 / 49â‚¬:... ~ 6,42.9 449' 1 .tf.i \ 440 ' 2 .. 3/ 9Â· 1 N21*31'49"W 35.19' . \ 4-\>6 + I x e 2/1. 1 6 ?il.i.li)(tâ€¢*~.. $ A 0 /4,4,44. i. t- t. . 0 EXISTING EDGE .-/ OF WATER 1 AUGUST 2009 ~0 NOTICE: ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL ( IN' FEET ) W r 1 1 D -- - ACTION BASED UPON ANY DEFECT IN THIS SURVEY WITHIN â„¢REE YEARS AFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT MAY ANY ACTION BASED UPON ANY DEFECT IN THIS SURVEY BE COMMENCED MORE THAN TEN 1 inch = 30 ft. 1 OF 1 YEARS FROM THE DATE OF CERRACATION SHOWN HEREON. ........ VES HO 93 SnEâ‚¬ 11Â¥0 Ogel \ 0 1 1 . . . . 0 . - 1 0 - -D . 0 - 0 1 -:I' 0 0 1 . .. . 0 . . . D 4 . D , .0 .: 0 0 . 0 . = . - 0 -0 . = A - :; I. .1 1 - D D ./'ll . . ... . .. ... . .. .. .. . 0 1 -1 0 0.1 ... . -1 =r:.:= .. . 1 . .. .. 1 1 . .1 .. . .0 0 ..: D D . . ..... 0 . . I D I : 0 1 D 0 ..1 - . I . 0 - 0 . ... *' . 1. ... ID . . 1 . . 0 f .. 0,7,2. ,c .. .. ' .0 0.* 4 . 1 .0 0 2 ., 0 . -le J . 0 .0.2...ir . - - -immal .. Ar I , 0 ... 0 I : A-j; _<-4 - - I . 1 , . I - . 0 0 1 . 1 ..: ':89Â·9 . 0 ' 1 / 0 â€¢Â·I . *-~19 --~~ -*1 1 . ' 1 4 .. . 0 . I : 0 01 - I I I -:I : 0 ... . 2 I. 0 . ... .. 0 : , 1 .- 0 . 0. 0. . .â€ž --0 -- 0 1 0.0 0 . .... I . /1 Ila . a . ... li/â€¢m.,MIMIWI'llill'll/'ll .. -.il-- 0 - 1 0 . .= I 0 1 0:.'. : .. . = ./ .D , 0 0. . 0 : .. .. .. . . 0 . . 1- 0-1 - 0 -m - 1 - ..... . . 11 0 - . ... 0. 6- A ~ ..1 AL' - ' 0 0 1 .0 0 . 0 - :0- ... . I . 1 0 :.0 . 0 ... : . :00 .. A ... ... I. I ... . .. . 1 . ID --0 - 1 - . I I ..1 1 .1 0 0 1 - I ... 0 0 0 " I .... .... . 4 .1 . - ..1 .- I. ... 1 : . .. . .1 -0 0 0 1 1 . :-00 .. .. -. I . I.: D . 0 . I .. ...~~ . 0 : D. 0- - - 1 0 ....... 1 -0 0 . : I . 0 " 0 1 I. I . - 0 .0 1 .. , - 1 0. . ..1 - . 0 0 0 11 . ..1 ...: . - . 0 1 . .0 - ... : D. 1 . 1 . w ..0 .. . A . 11 0 -- . I ..1 - .- , 1 I-. -,0. Aff . I. ./ 0 .... II ./ . . 1 0 I - 1 ..0 0 -0 - D . : 0 0 : . 0 . . .: . 0 ... . 4 , ... . ... .0 - ..1 0 . .... .. ..1 =. 1 . : 1 . ..... ..:: A - , 1 1 0 .... I . .. A ON, 4'/ + Tle . I.. '- - 0. , 1. ... ..... . 0. ./. Â§* .Ca Ij . A. . . .... - 0- I ..0 0 .: C.le I 1/ I 8 1 . 6 ... 0 . /4 1 ers \4 ... ; 0 ,.: , 4 .. .. ....:: 0 0 0. 0 0. .. . 1 , 0. . 0 . 0 .. ..I. A ... .. ... 4 . .. .. .1 - 0- 0. I.: - A A- 1 .1 0 0.: I . 0. . *21.., . . :0. 0 .. . 1 . . .. A ... . 0 : 1 0 0 1 0 4 1 0 : -5 .0 ..: : .. :, S : ..; I .. . :.- ..1 . 0 -Ill' A . 1 .. . ...: A- A . 0 1 A .... . 1 0 - .. . 0 . : 0 ... : . . I. 1 0 1 - 0 0 1 L: 11 ---. 0 1 1 ...= A. 4 1. . : ........ ... ... . 1 0- A I .. . D . 1 I. - . . 1 0 I ' ..': A. A .. A. I : 0 0 1 0. 1. .. .. ..... D .. . . . IiI A . , .. / 1 1. , r Â»r. 51-6, Clu of <24- 64- kâ€¢ 4 n,- ---.-.- A- Fli,d we.1 . 00 ,/400 11-+-0 -36'k,&1442, %42 66â€¢cl I ks--Â· P â€¢36'-4. 74466 -63 9-- GUu &64'wk. hbo %4446 D/* 01,J wt f qh.6~ V~ 6+~de t=urbl< 42 8,4 _1*A<Q, M *r + gt4,- . Â¥ FUs __Â«ajld. 11- 63Wkt 6- kl-L â€ž6 AL /14 U,-25 â‚¬U-+2 - _524 que o {-- 6 ,-1, <36- b.u mia.61 <40'L 9 . 1 \1 1 -fkl'.010 c.- Gk. ~A=7. _ Abi,J- 1Ai94 -@ reutpÂ· 1 - ill Ce,>. 454 - Wl /795 F . -(.-4 - *7 14 *S 727Â«2 /5.,4,7. C.ALL Shâ‚¬ 0405-' C.24 6,+ '4-414.- <91//4 ~4\+U vv + - A/<4- 67/ 10 [-r'Â·k - 92'*e 9,44,U Â· - - - aÂ»Mu- U /At - Â£52, P.6.~a,A. 44Â» Rbq F-4* AL'r tv'// H J . I V LEGEND 4 b 46241] SPECIAL FLOOD HAZARD AREAS INUNDATED BY 100-YEAR FLOOD X~ ZONE A No base flood elevations determined. ZONE AE Base flood elevations determined. ZONE AH Flood depths of 1 to 3 feet (usually areas of ponding); base flood elevations determined. ZONE AO Flood depths of 1 to 3 feet (usually sheet flow on stoping terrain); average depths PITKIN COUNTY determined. For areas of alluvial fan flood- UNINCORPORATED AREAS ing, velocities also determined. ZONE A9g To be protected from 100-year flood by 080287 Federal flood protection system under construction; no base elevations determined. ZONE V Coastal flood with velocity hazan e action); no base flood elevations r- -7746 V mined. ' ZONE VE Coastal flood with velocity hazard (wave action); base flood elevations determined. ONE X 1 9~7750 mÂ· ' FLOODWAY AREAS IN ZONE AE ~ 7755 OTHER FLOOD AREAS 1 , 5 ZONE X Areas of 500-year flood; areas of 9 100-year flood with av.erage depths 64 of less than 1 foot or with drainage < 4 areas less than 1 square mile; and ZONE X areas protected by levees from 100- 00 % a \ It, year flood. ZONE \* OTHER AREAS 1163. 40 X ZONE X Areas determined to be outside 500- \ year flood plain. Q C ZONE D Areas in which flood hazards are un determined. Ql 2/7Â· Flood Boundary . Cll:Vt!1\1 - - Zone D Boundary OF--COUNTY - Floodway Boundary o ASPEN7790 1181 11 Boundary Dividing Special Flood 0 0 1- 1 ZONE AE <0 1-- - -- ~~ Hazard Zones, and Boundary i i -, 1- Dividing Areas of Different Coastal Base Flood Elevations 0 1â€¢2> Within Special Flood Hazard e cc Zones. 7801 e ROARING FORK RIVER -54%0 Base Flood Elevation Line; Ele- vation in Feet* 8@ 0 Cross Section Line 'f 780>4 Private Drive 0 (EL 987) Base Flood Elevation in Feet ZONE X 1 c Where Uniform Within Zone* Z , 7813 ZOI\IE X ~ ~ RM/x Elevation Reference Mark r *Referenced to the National Geodetic Vertical Datum of 1929 0 ~ ZON E AE %Â·. i~Â·a Â®1 S NOTE /000 ~~ ZONE X < ~ , f'*2 . r 7833 ~ ~ GILLESPIE STREET ., < Q This map is for use in administering the National Flood Insurance Program; it does not necessarily identify all areas subject to flood- r- f--> Â°~ 7819 Ing, particularly from local drainage sources of small size, or all planimetric features outside Special Flood Hazard Areas. 9,4, Certain areas not in Special Flood Hazard Areas may be protected HALLAM X -â€¢~by flood control structures. 0:90 LAKE 7830 7823 ~ 7828 Boundaries of the floodways were computed at cross sections 7826 and~interpolated between cross sections. The floodways were .VES, of the Federal Emergency Management Agency. 7836 based on hydraulic considerations with regard to requirements 4>.4 1* 7838 7825 dil . L , Floodway widths in some areas may be too narrow to show to WES 7 1-W/-0 . 7834 Coastal base flood elevations apply only landward of the shoreline. scale. Floodway widths are provided in the Flood Insurance Hunter W 4-LJ Creek r& e L Study Report. ~---RE#*REEL~vt-\- # 829- 7831 k 7837 Elevation reference marks are described in the Flood Insurance W O Study Report. 116 Fli#LAQ L IM 1% 4 4 im, 06) Corporate limits shown are current as of the date of this map. --'-le 0 /2/ 0/ il user should contact appropriate community officials to det, 2 /4-1 1 jf corporate limits have changed subsequent to the issuance o, -is O map. fk /2 For community map revision history prior to countywide map- M )-1-- M Abandoned g ping, see Section 6.0 of the Flood Insurance Study Report. /9 --0 Rallroad Bridge â„¢ For adjoining map panels see separately printed Map Index. P\--J Â»%1-JL\-1- -1 W 1-1 16- z See Map Index for Map Repository. 1 Z /6 z./ 8 EFFECTIVE DATE OF COUNTYWIDE 2/ 41 FLOOD INSURANCE RATE MAP: 0 1/-*t*4/.lf iFf ~ ' JUNE 4,1987 /2/ // - -41 f \---7- g w - L i i \16Â» 4---J ZOL f 7 - \OfÂ»/4 1 1 1&1 AVEE 7 HYMAN L */ 10 0/ ZONE X = < /0/ 0 k /0 Refer to Flood Insurance Rate Map Effective date shown below to I 41 \-\--t/L%----r~if 1Â«Â«f determine when actuarial rates apply to structures in zones where & / elevations or depths have been established. /L 2// ral b To determine if flood insurance is available in this community, contact your insurance agent, or call the National Flood Insurance Program at (800) 638-6620. 11-,200Â»\T- 2 UJ 0/7 APPROXIMATE SCALEIN FEET >libÂ· 7766 7794 NORT *F 3NOZ WORTH ~ 01 0 L--J~J H J ./. LEGEND p ,. ,. SPECIAL FLOOD HAZARD AREAS INUNDATED {i'; flÂ·,::- Â·/- BY 100-YEAR FLOOD ZONE A No base flood elevations determined. ZONE AE Base flood elevations determined. ZONE AH Flood depths of 1 to 3 feet (usually areas of ponding); base flood elevations determined. Z ON E AO Flood depths of 1 to 3 feet (usually sheet flow on sloping terrain); average depths PITKIN COUNTY determined. For areas of alluvial fan flood- ing, velocities also determined. UNINCORPORATED AREAS ZONE A99 To be protected from 100-year flood by 080287 Federal flood protection system under construction; no base elevations determined. ZONE V Coastal flood with velocity hazard action); no base flood elevations mined. -7746 V 7 ZONE VE Coastal flood with velocity hazard (wave action); base flood elevations determined. ONE X 9â‚¬750 FLOODWAY AREAS IN ZONE AE 0 7755 u. < : OTHER FLOOD AREAS 9, / 1 ZONE X Areas of 500-year flood; areas of 100-year flood with average depths 01- of less than 1 foot or with drainage < 4 8 4 areas less than 1 square mile; and ZONE X areas protected by levees from 100- 19 99 \ year flood. \4 ZONE \*- OTHER AREAS ZONE X Areas determined to be outside 500- 1763 0 ~ 4/1 year flood plain. 4 4 ZONE D Areas in which flood hazards are undetermined. I: ' :.. Qt Flood Boundary O,24 - 1-loodway Boundary OPCOUNTY - - Zone D Boundary O ASE'47790 n 0 1116 ~ 1181 0 44- 1~ Boundary Dividing Special Flood Hazard Zones, and Boundary ZONE AE e iR..*.eÂ·Â· Dividing Areas of Different Coastal Base Flood Elevations 0 0 4 Within Special Flood Hazard 0 3/ *9+0 004~ 3-~~- 1. Zones. CC 0 7801 co ROARING FORK RIVER 513- Base Flood Elevation Line; Ele- vation in Feet* 1 i <63 <6, Cross Section Line .'07809 0% Base Flood Elevation in Feet Private Drive ( E L 987) ZONE X 1- Where Uniform Within Zone* ~- 7813 ZONEX RM7x Elevation Reference Mark Â£10 12 *Referenced to the National Geodetic Vertical Datum of 1929 ZONE- AE . f . 1 Fihei NOTES \ 3 7836\ 1 ZONE X , 4.4 .78.33~~~ ~ This map is for use In administering the National Flood Insurance ProgramÂ· it does not necessarily identify all areas subject to flood- GILLESPIE STREET C - le.,.% Q ~ ing, particularly from local drainage sources of small size, or all 7819 44. 9 . "-iÂ· 1 pfanimetric features outside Special Flood Hazard Areas. Â· Certain areas not in Special Flood Hazard Areas may be protected HALLAM Wa.. 2 by flood control structures. LAKE 7830 4 FÂ« 4 7823 ~ 7828 Boundaries of the floodways were computed at cross sections 7826 and interpolated between cross sections. The floodways were -- N l j I~- ~ Hunter - 7836 based on hydraulic considerations with regard to requirements 7838 of the Federal Emergency Management Agency. CÂ»Dea--------l lilli 7825 29 Mu 0 i Floodway widths in some areas may be too narrow to show to scale. Floodway widths are provided in the Flood Insurance I'Pest Creek rÂ® ov 1 Study Report. O Study Report. 6 1 7834 Coastal base flood elevations apply only landward of the shoreline. M 7829 7~31 >< 7837 Elevation reference marks are described in the Flood Insurance /V 0/ 4 WEST r,_HALLAM l~ - - ~T <JZ O Corporate limits shown are current as of the date of this map. The 131 4 b - r user should contact appropriate community officials to det e 62/ if corporate limits have changed subsequent to the issuance is 0 map. 14Â«4 v 1 /w For community map revision history prior to countywide map- Abandoned g ping, see Section 6.0 of the Flood Insurance Study Report. 121 - Railroad Bridge a For adjoining map panels see separately printed Map Index. /01-1,1 1 e -21 Z See Map Index for Map Repository. < J 4203Â«Â»4---fl U STREET iÂ«Â«\\-7 Y EFFECTIVE DATE OF COUNTYWIDE k FLOOD INSURANCE RATE MAP: III JUNE 4,1987 I r 1. LL f~ Ilill ZON E X \ 2 -L /0/ \ /0/ Ist - e ; Refer to Flood Insurance Rate Map Effective date shown below to tio--- 2 elevations or depths have been established. o determine when actuarial rates apply to structures in zones where 181 Z i # To determine if flood insurance is available in this community, u *r- contact your insurance agent, or call the National Flood Insurance ' fl----f - O g Program at (800) 638-6620. -1 ~DURANTNS AVENUE L==--3.~ f Al 4,2 21Lu 3100 APPROXIMATE SCALEIN FEET foÂ«Â» 9/n 7766 7775 7786 ~ 7794 RED MOUNTAIN X 3 NOZ RT ~ UL T EQ-WHIB~ STE-RET ---Â·-AR@Mis DRC : 69 Shady Lane June 2, 2010 The city of Aspen participates in the NFIP, this is a federal program that makes flood insurance available to property owners. As a result the City has agreed to implement and enforce measures that reduce future flood risks in flood hazard areas. The island and surrounding property is located in a floodway this includes the channel for the Roaring Fork river and the adjacent floodplain area. As a result this area must be kept free of encroachments so that the 100 year discharge can be conveyed with no rise in the water surface above the BFE. 26.435.010B states: properties within STM are subject to a heightened review to ensure the natural and unimpeded flow of water courses and to protect and preserve the natural riparian buffer. The review shall encourage development and land uses that preserve and protect existing water courses and the habitat surrounding those water courses as important and natural resources: The island and surrounding property is an important and natural resource to the Roaring Fork River for the following reasons: 1. Overbanking occurs on the island which allows for energy dissipation. This dissipation preserves downstream habitat. Overbanking also allows for ground water recharge which is vital to the base flow of the river. 2. The riparian areas on and around the island. Only 10% of the roaring fork is dominated with ripariaran vegetation. Additionally there are very few areas along the Roaring fork which have several calluses of woody vegetation. The island is one of those examples. 3. Uncompacted soils and the humus layer on the island and surrounding areas are critical to riparian habitat. 4. Removal of riparian vegetation negatively affects terrestrial habitat, stream habitat, and water quality. 5. If shade is decreased on the island and surrounding areas, this will result in increased water temperatures, protective cover is decreased, the filtering function of riparian vegetation and soils is lost. 26.104.100 states the top of slope is a line generally running parallel to a stream or river from which development must be setback and which delineates the bank of the river or stream or other riparian areas as determined by the City Engineer. Before a determination of the location of the top of slope can be made, the City must be granted access to the property to evaluate the location of the bank of the river or other riparian areas. Haas Land Planning, LLC 201 N. Mill Street Suite 108 Aspen, CO 81611 (970) 925-7819 City of Aspen Community Development Dept. 130 S. Galena Street Aspen, CO 81611 RE: 0069 Shady Lane (PID# 2737-073-00-012) Appeal of the Stream Margin Map's Top of Slope Determination To whom it may concern: As owners of the above referenced property, we hereby authorize Haas Land Planning, LLC (HLP) to act as our designated and authorized representative for the preparation, submittal and processing of a letter requesting the appeal of the Stream Margin Map's Top of Slope Determination, as well as, any subsequent applications associated therewith. HLP is also authorized to represent us in meetings with City staff, the Hearing Officer, the Planning and Zoning Commission, and the Aspen City Council, Should you have any need to contact us during the course of your review, please do so through Haas Land Planning, LLC, whose address and telephone number are included in this letter. Yours truly, 52Â«4=7 Ja& Rowland ' ~ Â«-- 53 Nova Circle , Pine, CO 80470 (303) 838-1826 1 UR . , 1 .. By: UKewd. 3&) A UIL-t--ul.... Â®jo Ad. 7~7Â£, J ( p. 6 Â· 164 j *14 Print Name Address, and Telephone Number Flex-1-a. 136410/1.0 in 81554 92176 310 11/. Tvreltian \WAY C.*64 80'y CD' 1121 9.- 930,ah-R' 0â‚¬ 9 7441 i . ..., *.......-7/rÂ·H~,4Â·:eill-Prip-'â€¢A'IÂ·'.'er...,-Va'.I..$:71,1~'Â»-Â·' -Â· -Â· -Â·Â·Â· Jennifer Phelan From: Jennifer Phelan Sent: Monday, March 29, 2010 1014 AM To: 'Mitch Haas' Subject: 69 Shady Lane Hi Mitch: I need some additional letters of consent forthe land use application you submitted for 69 Shady Lane. The title commitment notes that Fleeta Baldwin, Jack Rowland, Roine St. Andre and Jill Boyd all have interest in the property. Only Fleeta and Jack have consented to the land use application. I need consent from Ms. Andre and Ms. Boyd before we can schedule this. Thanks. Je,unifer Pheta,re, AICP Deputy Director Community Development Department City of Aspen 130 S. Galena Street Aspen, CO 81611 PH: 970.429.2759 FAX 970.920.5439 www.aspenpitkin.com 1 HAAS LAND PLANNING, LLC 201 N. MILL STREET, SUITE 108 ASPEN, CO 81611 (970) 925-7819 MHAAS@SOPRIS.NET To: The City of Aspen Thru: Aspen Date: March 23, 2010 Planning and Zoning Comrnunity Commission Development Department Subject: Special Review to Appeal the Community Development Director' s Top of Slope Determination for 0069 Shady Lane, Aspen Please consider this letter and the attached exhibits to represent a formal request for Special Review before the City of Aspen Planning and Zoning Commission to appeal the Stream Margin Map's top of slope determination for the subject property located at 0069 Shady Lane, Aspen. The property is zoned R-30, Low-Density Residential, and contains two detached single-family residences. It has a Parcel Identification Number of 2737-073-00-012 and is on Shady Lane, off of Red Mountain Road and next to the Rio Grande Trail. This 2.75 acre property is bounded on the south and west by the Roaring Fork River, while Hunter Creek lies immediately to the north. The approximate location of the property is indicated on the Vicinity Map provided below. MAP,QUEST. St , 6 WL----1 1 = "~1 11 /~~ 1.z I ff ~e j n 7%41 4 \14 ....\A H .--- L.4/ -JOK \>/1 - . floati,u : k. J -37Â»233 J i Ji -f\ MEM'â€¢st C Â¢ Er-*41\ , RÂ» Flet 1 it 482}>f 1,4.._ 4 h 4..- Â£ f r. 34#19 0 2609 UÂ®Qued *c Q f./3-7 ~.: 3' E Map Data Â© 2009 NAVTEQ of TeleAti Vicinity Map - 0069 Shady Lane, Aspen Section 26.435.010 of the Code states that certain land areas within the City are of particular ecological, environmental, architectural, or scenic significance and all development within such areas shall be subject to heightened review procedures and 1 standards. These areas are known as Environmentally Sensitive Areas (ESA) and include stream margins. Subsection B states that areas located within one hundred (100) feet, measured horizontally, from the high water line of the Roaring Fork River and its tributary streams, or within the one-hundred-year floodplain where it extends one hundred (100) feet from the high water line of the Roaring Fork River and its tributary streams, or within a flood hazard area are subject to heightened review so as to reduce and prevent property loss by flood while ensuring the natural and unimpeded flow of watercourses. The subject property and its existing residence are located within 100 feet of the respective Roaring Fork River and Hunter Creek High Water Lines. In order to determine where development can take place on properties that are adjacent to the Roaring Fork River and its tributary streams, the City of Aspen has mapped the top of slope. Top of slope is defined by Section 26.104.100 of the Code as, A line generally running parallel to a stream or riverfrom which development must be setback and which delineates the bank of the river or stream or other riparian area as determined by the City Engineer. Attached to this application is the City of Aspen Community Development Director Chris Bendon's Top of Slope Determination for the subject property (see Exhibit 2). The applicant is seeking to appeal this Determination pursuant to Section 26.435.040(D) of the Code. According to Section 26.435.040(E) of the Code, Special Review at a public hearing before the Planning and Zoning Commission is needed for such a request. Code Section 26.435.040(E) goes on to state that, A special review .Fom the stream margin review determination may be approved, approved with conditions or denied based on conformance with the following review criteria: 1. An authorized survey -#om a Colorado projessionally licensed surveyor shows a di#erent determination in regards to the top ofslope and 100-yearjlood plain than the Stream Margin Map located in the Community Development Department and filed in the City Engineering Department; and 2. The proposed development meets the stream margin review standard(s) upon which the Community Development Director had based thejinding ofdenial. The City's mapping shows the top of slope on the opposite side of Red Mountain Road, (approximately 65 feet above the entire property) and would render this long since developed 2.75-acre property not developable. Clearly, the City's mapping is incorrect as several homes, a road, and a public trail sit below it. Attached to this application is an authorized survey from Frank W. Harrington, L.S. # 1959, of High Country Engineering 2 which shows an accurate determination of the top of slope as it relates to the subject property. The Stream Margin Review Standards of Section 26.435.040(C) are provided below in indented and italicized print and each is followed by a response demonstrating compliance and/ or consistency therewith, as applicable: 1. It can be demonstrated that any proposed development which is in the Special Flood Hazard Area will not increase the base jlood elevation on the parcel proposed for development. This shall be demonstrated by an engineering study prepared by a protkssional engineer registered to practice in the State which shows that the base flood elevation will not be raised, including, but not limited to, proposing mitigation techniques on or oysite which compensate for any base flood elevation increase caused by the development; This application is merely establishing the correct top of slope for the subject property. No specific development is being proposed at this time. But if and when an actual development is proposed, it will be subject to an additional Stream Margin Review based upon the top of slope determination made pursuant hereto. 2, 7-he recommendations of the Aspen Area Community Plan: Parks/Recreation/Open Space/Trails Plan and the Roaring Fork River Greenway Plan are implemented in the proposed plan Ar development, to the greatest extent practicable. Areas of historic public use or access shall be dedicated via a recorded easement Or public use. A fisherman's easement granting publicjishing access within the high water boundaries of the river course shall be granted via a recorded " Fisherman's Easement;" See response to the standard above. The property is immediately adjacent to the very popular and heavily-used Rio Grande Trail. 3. There is no vegetation removed or damaged or slope grade changes (cut or jilD made outside of a specifically dejined building envelope. A building envelope shall be designated by this review and said envelope shall be designated by this review and said envelope shall be recorded on a plat pursuant to Subsection 26.435.040.F.1; This standard is understood. However, no building envelope is being defined at this time. Instead, the top of slope is being established on three of the properties four sides, as well as around all sides of the island. This, combined with front-yard setback requirements, effectively establishes the potential area for development. 4. The proposed development does not pollute or inter/Pre with the natural changes Of the river, stream or other tributary, including erosion and/or sedimentation during construction. Increased on-site drainage shall be accommodated within the parcel to prevent entry into the river or onto its banks. Pools or hot tubs cannot be drained outside ofthe designated building envelope; 3 The proposed development will not pollute or interfere with the natural changes of the Roaring Fork River or Hunter Creek during any construction as all development will take place at least 15 to 30 feet from the top of slope. Also, please refer to the narrative provided in response to standard number 1, above. 5. Written notice is given to the Colorado Water Conservation Board prior to any alteration or relocation ofa water course and a copy Of said notice is submitted to the Federal Emergency Management Agency; This standard is not applicable as no alteration or relocation of any water course is contemplated or otherwise proposed. 6, A guarantee is provided in the event a water course is altered or relocated, that applies to the developer and his heirs, successors and assigns that ensures that the flood carrying capacity on the parcel is not diminished;. This standard is not applicable. (See response to standard number 5 above.) 7. Copies are provided of all necessary >deral and state permits relating to work within the 100-year.flood plain; This standard is not applicable. No work is proposed within the 100-year floodplain at this time. 8. There is no development other than approved native vegetation planting taking place below the top of slope or within fifteen (15) *et of the top of slope or the high waterline, whichever is most restrictive. This is an e#brt to protect the existing riparian vegetation and bank stability. New plantings (including trees, shrubs, flowers and grasses) outside Of the designated building envelope on the river side shall be native riparian vegetation as approved by the City. A landscape plan will be submitted with all development applications. The top of slope and 100-year food plain elevation of the Roaring Fork River shall be determined by the Stream Margin Map located in the Community Development Department and filed at the City Engineering Department; No development will take place below the top of slope or within fifteen (15) feet of the top of slope or the high water line. No specific development is currently being proposed. Please also refer to the narrative provided in response to standard number 1, above. 9. All development outside the jifteen (15) foot setback#om the top of slope does not exceed a height delineated by a line drawn at a forty-five (45) degree angle #om ground level at the top Of slope. Height shall be measured and determined by the Community Development Director using the definition for height set ./brth at Section 26.04.100 and method of calculating height set forth at Section 26.575.020 as shown ill Figure 11 A" ; 4 / This standard is understood by the applicant. The progressive height limit affective the subject property and any future development thereof will be established in relation to the proposed, surveyed top of slope. 10. All exterior lighting is low and downcast with no light(s) directed toward the river or located down the slope and shall be in compliance with Section 26.575.150. A lighting plan will be submitted with all development applications; This standard is understood by the applicant. However, no specific development is being proposed at this time. 11. There luis been accurate identijication ofwetlands and riparian zones. This application simply requests an appeal of the Top of Slope Determination made by the Community Development Director. No actual development is proposed at this time. If and when development is proposed on the property, an accurate identification of wetlands and riparian zones will be provided as part of the then applicable Stream Margin Review. It is hoped that the provided information and responses prove helpful in the review of this application. If you should have any questions or desire any additional information, please do not hesitate to contact me. Truly yours, Haas Land Planning, LLC Mit(~h Haas Owner/ Manager Attachments: Exhibit 1: Land Use Application and Dimensional Requirements Forms . Exhibit 2: Top of Slope Determination by the Community Development Director Exhibit 3: A Pre-Application Conference Summary prepared by Sara Adarns Exhibit 4: Proof of Ownership Exhibit 5: Authorization for Haas Land Planning, LLC to represent the Applicant. Exhibit 6: An Executed Application Fee Agreement Exhibit 7: A list of all property-owners within 300 feet 5 U M :.58 IMPROVEMENT AND PARTIAL TOPOGRAPHIC SURVEY 22 8 m :.es Z Z :00j t> 0% 0) I Zi:m A PARCEL OF LAND SITUATED IN SECTION 7, ".7 m e E 98 21 6 a,-A TOWNSHIP 10 SOUTH, RANGE 84 WEST OF THE 6TH P.M. Gb a JO COUNTY OF PITKIN, STATE OF COLORADO E~~ 2%1 REBAR & CAP-O 6 LS.#20151 (FND) 1 F ~ PROPERTY DESCRIPTION > (PER DEED RECORDED IN BOOK 311 AT PAGE 307) m BEGINNING AT A POST STANDING ABOUT 30 FEET SOUTH OF THE SOUTH BANK OF HUNTERS CREEK AND 50 FEET WEST FROM THE CENTER OF THE DENVER & RIO GRANDE RAILROAD TRACK, SAID POST BEING AT THE NORTHWEST CORNER OF PARCEL OF GROUND DEEDED TO SAID DENVER AND RIO GRANDE RAILROAD COMPANY BY TNE HALLAM LAND COMPANY; THENCE SOUTHERLY PARALLEL WITH THE DENVER AND RIO GRANDE RAILROAD 266 5 TY C HUNTERS CREEK AT ITS JUNCTION WITH ROARING FORK RIVER; THENCE N 89*44'E. 220 FEET TO THE PLACE OF FEET TO THE NORTH BANK OF THE ROARING FORK RIVER; THENCE FOLLOWING THE NORTH AND EAST BANK OF THE ROARING FORK RIVER MITH COURSES WESTERLY AND NORTHERLY 780 FEET TO THE SOUTH BANK OF GRAPHIC SCALE 9 \ BEGINNING. TOGETHER WITH ALL WATER RIGHTS PERTAINING THERETO. ~ i ,\8 SITUATE, LYING AND BONG N SECTION SEVEN (7). TOWNSHIP TEN (10) SOUTH, RANGE EIGHTY-FOUR (84) WEST ~ 16 \ U) 5 MARC & KAREN FRIEDBERG OF THE SIXTH PRINCIPAL MERIDIAN. \ GERALD D. HINES \\\~~ \ PARCEL No, 273707200026 ( IN FEET) PARCEL NO. 273707200035 80OK 766, PAGE 967 1 inch - 30 ft. ~~ BOOK 348, PAGE 951 \ (DEED CALLS TO CENTER F EXISTING EDGE Of HUNTER CREEK) - 0 * 1 (AS SURVEYED) PROPERTY DESCRIPTION OF WATER - AUGUST 2009 --/, / / 480 '' l '1~ / A PARCEL OF LAND SITUATED IN THE WEST HALF OF SECTION 7, TOWNSHIP 10 SOUTH, RANGE 84 / - WEST 1/4 CORNER , \ ---- a + :1 2./ 1 -1 , 341 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF PITKIN, STATE OF COLORADO; SAID PARCEL 1- Â· \ BEING MORE PAR TICUALLY DESCRIBED AS FOLLOWS: SECEN 7 .&*FE- fsE-* . m 6% I FLLB. ran 3Â» BIN BRASS CAP -- HUNTER CREEK <413.- / \ (FND) ./ REBAR & CAP i # 1 ~ wÂ¥ * . COMMENCING AT A POINT ON THE WESTERLY RIGHT-OF-WAY OF THE DENVER AND RIO GRANDE REBAR & CAP -9 LS.#19598 (SET) v 1~ ,-REBAR & CAP WESTERN RAILROAD. SAID POINT ALSO BEING 30' SOUTHERLY OF THE SOUTH BANK OF HUNTER LS. #19598 (SET) OVERLAP ~, '138.99' --- (nE FROM 1/4 CORNER b.226, ~ L. S.#2376 (FND) CREEK, (WHENCE THE WEST QUARTER CORNER OF SAID SECTION 7 BEARS: S88-29'40"W A DISTANCE 44---- ------7- - __ _- ---5= -- - -,â€¢-C L _- - -__- -- --- -~ - - - - - -- - RIO GRANDE WESTERN RAILROAD A DISTANCE OF 260,69 FEET TO A POINT ON THE NORTHERLY BANK _(rIELDING BEARING) -1.(.PICAL) AN N89'53'49"E N85'45'50"E '188*29'40-E 499.25') -lf? OF 499.25 FEET); THENCE S08Â·03'41~E ALONG THE WESTERLY RIGHT-OF-WAY OF THE DENVER AND OLD wOOD 1 --7 C al - CAP / ./2'Â· - - 41: \ 1- L I OF THE ROARING FORK RIVER; THENCE ALONG THE NORTHERLY AND EASTERLY BANK OF SAID /88Â·59'38-W in35' - FENCE POSTS ~ O ROARING FORK RIVER THE FILOWING TH[RTEEN (133) COURSES: /7XL- Ja8855'30.14 160.00') -d>-1 -m * 1 Â·'3* 1 LS.#25947 (FND) /.. 491 SHED ~ yx 1 '9,3 I N ELEVAION: 7838.32 1. 574Â·20'45Â»W A DISTANCE OF 63.86 FEET; 0 - CAU,mAN,Â£. ur- 4, S72-08'49'W A DISTANCE OF 43.05 FEET: 2, S23Â·49'22'W A DISTANCE OF 61.42 FEET: 7821 1....' 3. 55972'27Â»W A DISTANCE OF 61.71 FEET . 0 96- /. 1 - 8.11 R ZONE X | /~ ~~' STONE Â¥Â£U--Â® MOAQ- / 6 1/12 FIRE PIT -0 \ lit, PARCEL NO. 273707300010 5. 578Â·05'13'W A DISTANCE OF 91,12 FEET; 91 8 8 0Â°4 131\ ' CO ,Â¢ RECEPTION NO, 501239 6. N82'25'32"W A DISTANCE OF 65.31 FEET; 1 f 4 - 17.1 a 8. N43Â·23'03~W A DISTANCE OF 79.12 FEET; . U Q I *m I. 7. N60'40'18"W A DISTANCE OF 53.12 FEET; MIW .- ~2 1 STORY \ ,-STONE \ .9-K . /4 OLD WOOD . , 9. N21Â·31'49~W A DISTANCE OF 35.19 FEET, -,41.4 CONC. PA.O- /' COTTAGE '~ ~ CHIMNEY .H ~Â·â€¢14 / 44 FENCE pOST i ~ I . ;\ 4 ~ 51.3 \: 11. N48-15'25'E A DISTANCE OF 62.81 FEET; 0 %41 6-14 10. N 55Â·43'43Â»E A DISTANCE OF 50.85 FEET; â€¢ ASPEN CENTER FOR ENVIRONMENTAL STUDIES - /.AN~=ING /fi f 1 ZONE X V 13/ . 1 \ A 12 Ni 7Â·05'12"E A DISTANCE OF 64.93 FEET; 13. N 28'27'14"E A DISTANCE OF 136.43 FEET TO A POINT ON THE SOUTHERLY BANK OF - PARCEL NO. 273707300801 4 1 BOOK 568. PAGE 75 // LASPHALT ROADIAY&~.~9< -~ THE POINT OF RFGINNING, SAID PARCEL CONTAINING 2.755 ACRES, MORE OR LESS. 0 HUNTER CREEK; THENCE LEAVING SAID EASTERLY BANK N85'45'SOE A DISTANCE OF 238.99 FEET TO \ ASPHALT . 12 WALK r 1 1 j \ 1 , 1 y . 2 6 200.4 - \ \ , NOTES i U_ -3 -1. 1 .41 1 . r- 1 \ 1, BASIS OF BEARINGS FOR THIS SURVEY IS A BEARING OF TRUE NORTH DETERMINED BY GPS OBSERVATIONS W \. Â·. 1 661 -cO YIEL-DING A BEARING OF N 89Â·53'49-E BETWEEN THE WEST 1/4 CORNER OF SECTON 7. A BLM BRASS CAP IN z %Â§ J I ... I t.. 1 PLACE AND THE SOUTHWEST CORNER OF THAT PROPERTY DESCRIBED IN BOOK 766 AT PAGE 967 OF THE 2 STORY WOOD . PITKIN COUNTY CLERK AND RECORDER'S OFFICE, A REBAR AND CAP L.S. NO. 2376 FOUND IN PLACE AS 16 0 ROARING-n ZONE AE-1 672~~07[2~E 3, f ~ 1 14 -1 ~ ~ SHOWN HEREON. Z * 16 0 1 e FORK RIVER \ / 1 1 2 1 LIMITS PER FEMA MAPS ' ~ '~' 0 1 ~ Â·. Or ~~ . AND RELD~ TOPOCRAPHY , 2. DATE OF SURVEY: AUGUST 13, 2009. 111 X .. - 5% 111 & I 4-1 1 . M .01 e.'' 3. THIS SURVEY IS BASED ON DEED RECORDED IN BOOK 311 AT PAGE 307. BOOK 512 AT PAGE 253, BOOK - l SPIGOT r- 1 WA --h) 4 2 1 61 \ 348 AT PAGE 951, BOOK 766 AT PAGE 967, BOOK 292 AT PAGE 472. BOOK 568 AT PAGE 75. RECEPTION 13 N 0. BOOK 568, PAGE 75 - / Its :. NO. 557260, RECEPTION NO. 501239, RECEPTION NO. 463751. FINAL PLAT OF TRUEMAN NEIGHBORHOOD REFERENCES CENTER \ : 2.755+ ACRES \ . - 3 .4 COMMERCIAL PROJECT RECORDED IN BOOK 5 AT PAGE 70. DENVER RIO GRANDE RAILROAD RIGHT-OF-WAY \ i . 1 . thik, 1 0 5619 OF ROARING FORK RIVER \ , , 2 . SHOWN. MAP RECORDED IN BOOK 3 AT PAGE 388 AS RECEPTION NO, 134450 AND CORNERS FOUND IN PLACE AS C â‚¬ . ,-WATER . r PUMP 5 - -- ' " 4. THIS PROPERTY IS SUBJECT TO RESERVATIONS. RESTRICnONS, COVENANTS AND EASEMENTS OF RECORD OR U - IUk. 1 % 9 5 IN PLACE AND EXCEPn ONS TO TITLE SHOWN IN THE TITLE COMMITMENT PREPARED BY TITLE COMPANY OF 1 % I 3%5< "lilli/ \ / 1/ /0 < M 5 07-, f THE ROCKIES, INC., DATED JULY 27, 2009 (COMMIâ„¢ENT NUMBER 0702799-C). WOOD \ \ > FENCE . / \ ,-EXISING EDGE / \~'-- \ REFERENCED FROM NATIi}VAL GEODETIC SURVEY (NGS) BENCHMARK STATION S159 HAVING A PUBL]SHED -- 5 ELEVATIONS SHOWN HERâ‚¬ON ARE BASED ON NORTH AMERICAN VERTICAL DATUM oF 1929 (NAVO 29) / OF WATER j - \ ,/ AUGUST 2009 6 CONTOUR INTERVAL EQUALS 1 FOOT. / / . to~ .... U 7. FLOOD INFORMATION WAS TAKEN FROM FEMA FLOOD INSURANCE RATE MAP OF PITKIN COUNTY COMMUNITY Â« . * .....- PANEL NO. 08097C0203 C WITH AN EFFECT!VE DATE OF JUNE 4,1987. 100 YEAR ROOD UNE WAS BASED 0 .06 65 - - \ 63 86' - ON DETERMINED ELEVATIONS SHOWN THEREON (NAV[ 1929). ! / / , +JO N WOOD -- 1 8. THE BEARINGS AND DISâ„¢NCES SHOWN IN PARENTHESIS (NOB'00'00"W) ARE RECORD MEASUREMENTS. .. / PEDESTRIAN BRIDGE - N21Â·31'49"W 35,19' IMPROVEMENT SURVEY STATEMENT z ISLAND - - & JACK C. ROWLAND. rV -~ - 1 HEREBY STATE THAT THIS IMPROVEMENT SURVEY WAS PREPARED BY HIGH COUNTRY ENGINEERING, INC., FOR 1 FURTHER STATE THAT THE IMPROVEMENTS ON THE ABOVE DESCRIBED PARCEL ON THIS DATE, AUGUST 26, \ 2\ 1 1 2009, EXCEPT UTILITY CONNECTIONS, ARE ENTIRELY WITHIN THE BOUNDARIES OF THE PARCEL. EXCEPT AS A , 1 SHOWN, THAT THERE ARE NO ENCROACHMENTS UPON THE DESCRIBED PREMISES BY IMPROVEMENTS ON ANY l / 4 \1\/ ADJOINING PREMISES, EXCEPT AS INDICATED, AND THAT THERE IS NO APPARENT EVIDENCE OR SIGN OF ANY i THE BEST OF MY KNOWLEDCE AND BELIEF. 4 ~REBAR & c/ 4 1/1 \ 4 \ \ \ 76 , U #19598 (SET) \\\ (nPICAL) ,11 d h ' 0 <TRm 8 e.. .. 1.. 1 1 9 0>Â· . RYÂ· 'X AL- 6211.:17 57805'13"*1 91Â·12 6 1 c72Â·08'49"W N60'40'18"w CITY OF ASPEN FRANK W. HARRINGTON.- E.,tÂ·Â°#195% 4 M Mi . 43.05 - .fl O \ V., a.\,1,Â°.:Â·.7 ME :i BANK OF ROARING / ~/ PARCEL NO. 273707352853 FORK RIVER ,/ /// / LBOOK 292, PAGE 472 LOT 3, TRUEMAN NEIGHBORHOOD ~ -ROARING FORK RIVERe 1~ BOOK 5, PAGE 70 ~ 44 1 ELEVATION OF 7715.64. 42 - ' / EASEMENTS CROSSING OR 8JRDENING ANY PART OF SAID PARCEL, EXCEPT AS NOTED. ARE SHOWN HEREON TO 4 3% REFERENCES COMMERCIAL PROJECT aÂ»242&7 \ --- - - , , %2 20 / N82'25'32"w 65.31 EISnNG EDGE -1 -- \ \ ---2\ .... T -- /. j CLERK AND RECORDER'S CERTIFICATE OF WATER AUGUST 2009 \ -- /' / ~ 1}1[S PLAT WAS FILED FOR RECORD IN THE OFFICE OF THE CLERK AND RECORDER OF PITKIN COUNTY AT ___ / / PAGE _____, RECEPTZON NO O'CLOCK-.M., ON THE -- DAY OF_______ A.0. 2009, AND IS DULY RECORDED IN BOOK -- / CITY OF ASPEN ~ -Â· PARCEL NO. 273707301851 PROJECT NO. / BOOK 292. PAGE 472 BY: CLERK AND RECORDER 2091640.00 \ 1 -Â·Â·-. ~'~ 1 BY: 0922 DEPUTY NOTICE: ACCORDNG TO COLORADO LAW YOU * COW),IENCE ANY LEGAL ACION .ASE' UPCÂ»~ ANY DEFECT I NS SURMâ‚¬Y 'THIN T.. YEARS AFTER YOU FIRST DISCOâ€¢,â‚¬R .CH DEFECT. I NO r,ENT IUY ANY Aclc,1 8ASED UPON ANY DEFECT IN THIS SUR......ENCED 'CRE THAN TE' 1 OF1 .ARS FROM THE DATE OF CERâ„¢ICATION SHOWN HENEON. INIH NO 31VAVDX3 OCIVMO-103 'N3dSV Va SSI ISne 11Â¥3 SSGZ-276 C XY -9Â£9 3NOHd >Ida 'S>INVEI.30 d019 >iV3BEI 03Â¤aV 6007-9-0 L 1 13AWASDIHel 21Â¥d aNV ' ' 3901" 3.Lva Â·ON 00 HOR e. '3n,EIAÂ¥ 1 S -LNE]IN I.ROAD R.O.W.) - ~__ __ __ __ W 69 SHADY LANE STREAM MARGIN REVIEW PLAN 35:5 %82 A R f ~~-i~~~~r //- THE HALLAM LAND COMPANY; THENCE SOUTHERLY PARALLEL 'MTH THE DENVER AND RK) GRANDE RNLROAD 26 A PARCEL OF LAND SITUATED IN SECTION 7, TOWNSHIP 10 SOUTH, RANGE 84 WEST OF THE 6TH P.M. &~ C) 8 mao@ COUNTY OF PITKIN, STATE OF COLORADO 42Â§ o i 4,-A W : REBAR & CAP--9 3 L S #202 51 (FND) PROPERTY DESCRIPTION (PER DEED RECORDED IN BOOK 311 AT PAGE 307) BEGINNING AT A POST STANDING ABOUT 30 FEET SOUTH OF THE SOUTH BANK OF HUNTERS CREEK AND 50 1 / FEET WEST FROM THE CENTER OF THE DENVER & RIO GRANDE RAILROAD TRACK, SAID POST BEING AT THE NORIHWEST CORNER OF PARCEL OF GROUND DEEDED TO SAID DENVER AND RIO GRANDE RAILROAD COMPANY BY FEET TO THE NORTH BANK OF THE ROARING FORK RIVER; â„¢ENCE FOLLOWING THE NORTH AND EAST BANK OF i i THE ROARING FORK RIVER W,111 COURSES WESIERLY AND NORRERLY 780 FEET TO THE SOUTH BANK OF HUNTERS CREEK AT ITS JUNCTION WITH ROARING FORK RIVER, THENCE N 89'44'E. 220 FEET TO THE PLACE OF GRAPHIC SCALE 44 - , ...P. W # Â·' Â· \.La:i ~~ ; i -14 - BEGINNING. TOGETHER WITH ALL WATER RIGHTS PERTAINING THERETO. ~..4.664.-IL t. 4,7'.24.W:Â¥e...1 SITUATE, LYING AND BEING IN SECRON SEVEN (71 TOWNSHIP TEN (10) SOUTH. RANGE EIGHTY-FOUR (84) WEST MARC & KAREN FRIEDBERG OF THE SIXTH PRINCIPAL MERIDIAN. 7 GERALD D. HINES PARCEL NO. 273707200026 C IN FEET) PARCEL NO. 273707200035 Â· Â·- BOOK 766, PAGE 967 1 inch = 30 ft \~ ........~. 1; BOOK 348. PAGE 951 (DEED CALLS TO CENTER f~Â· ~ (AS SURVEYED) PROPERTY DESCRIPTION 0~. . 1 ~ . ~ ~ ~~ EX~p*i~GE OF- HUNTER CREEK) - Â·- t, ~ ~ AUGUST 2009 - /2. 1 311.Oil 24+1 \F-I- 1 ~i l - A PARCEL OF LAND SITUATED IN THE WEST HALF OF SECTION 7, TOWNSHIP 10 SOUTH, RANGE 84 P.O.BA , \41 WEST OF THE SIXTH PRINCIPAL MERIDIAN. COUNTY OF PITKIN, STATE OF COLORADO; SAID PARCEL -NEST 1,4 CORNER '~ i pÂ· '*./.61* -Â· - BEING MORE PARACUALLY DESCRIBED AS FOLLOWS: SECTION 7 COMMENCING AT A POINT ON THE WESTERLY RIGHT-OF-WAY OF THE DENVER AND RIO GRANDE LLI 3'* BLM BRASS CAP REBAI & CAP Â·30 'I \ 91 (FND) LS.~19598 (SET) 1% 1 & 'ilk REBAR & CAP WESTERN RAILROAD. SAID POINT ALSO BEING 30' SOUTHERLY OF THE SOUTH BANK OF HUNTER ~ 1%~â‚¬3 ,"148Ek ~ Â·- WO~ HUNTER CREEK REBAR & CAP 1 - i-LS. ~19598 (SET) _ / OVERLAP (TIE FROM 1/4 CORNER ~~ ~ E~ L. S./2376 (FND) CREEK, (WHENCE THE WEST QUARTER CORNER OF SAID SECDON 7 BEARS: S88Â·29'40"W A DISTANCE lk-j- - - - -(Y!%*.184~RE'NG)_ _-~- 4(IRH- - -1---- --- RIO GRANDE WESTERN RAILROAD A DISTANCE OF 260.69 FEET TO A POINT ON THE NORTHERLY BANK N85'45'50"E -*UAIM Y AREA OF 499.25 FEET): THENCE S08Â·03'41"E ALONG THE WESTERLY RIGHT-OF-WAY OF THE DENVER AND U - - ~t*.2--2 79~~~~44 - - - 0 -r- OF THE ROARING FORK RIVER; THENCE ALONG THE NORTHERLY AND EASTERLY BANK OF SAID Z - 7 r./ N..,gua w.160 't ? 112~1Et~il.3 -32'' . OLD WOOD ~ / ~ ~/ 3 ~ pLNO. 4 REPAR & CAP ROARING FORK RIVER THE FOLLOWING THIRTEEN (13) COURSES: 1 S#421 1 \I !,Â·j L.5.#25947 (FNO) 1 4/' 1 4 *r,1.1.1 ELEVATION: 7838.32 1. 574Â·20'454Â¥ A DISTANCE OF 63.86 FEET; 2. S23'49'22"W A DISTANCE OF 61.42 FEET; - CALLWINNIE, LLC 4. 572Â·08'49"W A DISTANCE OF 43.05 FEET: 3. 559'22'27"W A DISTANCE OF 61.71 FEET 0 ZONE X | ' 4* 7-~ LSTONE PARCEL NO. 273707300010 5. 578'05'13"W A DISTANCE OF 91.12 FEET: / neE pir - - - 4-Z* \%~ fit MEE m / / 5 0 .~~Of /\. ,/ /~ 1 .0. 44 Or NCE POST . ,/ CONC. PATTon_-c 3 AJ~ t , CpUMNEY ~ '~ ~ ~~ ~~ ~ RECEPTION NO- 501239 6. N82*25'32'W A DISTANCE OF 65.31 FEET; /0 SHED 5%\ 7. N60Â·40'18"W A DISTANCE OF 53,12 FEET; STONE 8. N43Â·23'03~W A DISTANCE OF 79.12 FEET: . I . 9. N21'31'49"W A DISTANCE OF 35.19 FEET; 51.3' ' f ~ FORK RIVER ING 4~ Z r '-~ 11. N48Â·15'25"E A DISTANCE OF 62.81 FEET: 10. N55-43'43~E A DISTANCE OF 50.85 FEET; J.< / BANK OF RO ,/ N / Â·d . \ ASPEN CENTER FOR ENVIRONMENTAL STUDIES - - 13. N 28'27'14-E A DISTANCE OF 136.43 FEET TO A POINT ON THE SOUTHERLY BANK OF - / 2 25 -Ay ZONE X \ \ 11 . 1Â«1.% r 12. N17-05'12"E A DISTANCE OF 64.93 FEET: Z PARCEL NO. 273707300801 HUNTER CREEK: THENCE LEAVING SAID EASTERLY BANK N85-45'50~E A DISTANCE OF 238.99 FEET TO BOOK 568. PAGE 75 A i. Â· SPHALT 0 \ ASPHALT THE POINT OF RFGINNING, SAID PARCEL CONTAINING 2.755 ACRES, MORE OR LESS. \ .1 NOTES 1 (14,331 WALK ~1 ~ ~ E ReADWAY ~ ~ Z r - W 9-(n \ w I eR ~ 54\11 i /1 04 4; f~ f~ GRAVEL DRIvE 94.2~ ' .... U -2.-L '~_ -'~ \ 1 1, BASIS OF BEARINGS FOR THIS SURVEY IS A BEARING OF TRUE NORTH DETERMINED BY GPS OBSERVATIONS = < ; 3 PLACE AND THE SOUTHWEST CORNER OF THAT PROPERTY DESCRIBED IN BOOK 766 AT PAGE 967 OF THE ~RINGR 4 1 . *f 69 SHADY LANE Â·' 44 V f . 1-L<-Â·7 . lili - 1 -2 1\ YIELDING A BEARING OF N 89Â·53'49"E BETWEEN THE WEST 1/4 CORNER OF SECTION 7, A BLM BRASS CAP IN z 48.8 PITKIN COUNTY CLERK AND RECORDER'S OFFICE, A REBAR AND CAP L.S. NO. 2376 FOUND IN PLACE AS (~ ~ ~ @2Â£ z SHOWN HEREON. Z W .6 W c , 02 0 0,9â‚¬7..9. J- .# -Â· 1 3-' . :. ~f.'22 \.21*'.liw 2. DATE OF SURVEY: AUGUST 13, 2009. 111 <ES i - CM J & 1Â§Â§ i 9, 7 f \ Â». \04 \ . . Â· Â·Â· I. j Â°MÂ·Â·Â·47 ' -. NO. 557260, RECEPTION NO. 501239, RECEPnON NO. 463751, FINAL PLAT OF TRUEMAN NEIGHBORHOOD 3. THIS SURVEY IS BASED ON DEED RECORDED IN BOOK 311 AT PAGE 307. BOOK 512 AT PAGE 253, BOOK /1 1 @y 1 .N...12:.1.4%*L f . /52 .1 .2. ) -1.... 09 -44 '\ 11 ~ 348 AT PAGE 951, BOOK 766 AT PAGE 957, BOOK 292 AT PAGE 472. BOOK 568 AT PAGE 75, RECEP-nON BOOK 568, PAGE 75 - )7' fl ./ COMMERCIAL PROJECT RECORDED IN BOOK 5 AT PAGE 70, DENVER RIO GRANDE RAILROAD RIGHT-OF-WAY REFERENCES CENTER \ .44 OF ROARING FORK *IVER \/71 \ \. i Â»Â» .-- 1 Z f ~ ~\Â« #ONE AE--/1~ 0 -- 9Â· -9Â· 2,4'4 : 62% SHowN. 0 61.19 MAP RECORDED IN BOOK 3 AT PAGE 388 AS RECEPTION NO. 134450 AND CORNERS FOUND IN PLACE AS $ \ co / : 1 \ A. , Zii /\ rWATER - -> C t.'97* \/ tul 0 -dwz UMITS PER FEMA MAPS . 1 PUMP 4. THIS PROPERTY IS SUBJECT TO RESERVATIONS, RESTRICnONS, COVENANTS AND EASEMENTS OF RECORD OR .--34-JL - - ANO RELD TOPOGRAPHY X - \ \51?061 TOS 0 0 :74,4 ' Y<4 IN PLACE AND EXCEPTONS TO TITLE SHOWN IN THE n TLE COMMITMENT PREPARED BY n TLE COMPANY OF OlIn , .t,Â·Â· & Â· \ ./. I 4.6 THE ROCKIES, INC.. DATED JULY 27. 2009 (COMMITMENT NUMBER 0702799-C). / / F.rr /--.--1 .---- ~' '\ < <.LUEIBE~_ =\ // .Â· ,&64 3 1-=Â» i f.7 ./ /4* i / - 00% / OF WATER j Â· ELEVATION OF 7715.64. \ r \ A / L 5. ELEVATIONS SHOWN HERD)N ARE BASED ON NORTH AMERICAN VERACAL DATUM OF 1929 (NA,0 29) FROM TOS 6. CONTOUR tNTERVAL EQUAA.S 1 FOOT. TOP OF 3.... 1~- 1-3. 1 \ REFERENCED FROM NATIONAL GEODETIC SURVEY (NGS) BENCHMARK STATION S159 HAVING A PUBLISHED r-EXISTNG EDGE ~ -j-~, / 604 1 1 Â»,~ 7 -I <MGUST 2009 LOPE (76Â§71 -1- 1 7. FLOOD INFORMATION WAS TAKEN FROM FEMA FLOOD INSURANCE RATE MAP OF Pin<IN COUNTY COMMUNITY . - 0 -:Z x. 2.755* AcRER / 151 PANEL NO. 08097C0203 0 WITH AN EFFECTIVE DATE OF JUNE 4, 1987. 100 YEAR FLOOD UNE WAS BASED - 1 4 6611 - 8 ON DETERMINED ELEVARONS SHOWN THEREON (NAVD 19291 -14' 21BACL- WOOD --- 0 8. THE BEARINGS AND DISTANCES SHOWN IN PARENTHESIS (N08'00'00"W) ARE RECORD MEASUREMENTS. CD . S74 20 45 //t N21'31'49"W 55.19' 1 FROU TOS PEDESTRIAN M \ 1 \ 8RIDGE . 1 BEACH RESOURCES ON FEBRUARY 12, 2010. 1 10. 2' CONTOURS SHOWN HAVE BEEN TAKEN FROM THE Pin<IN COUNTY GIS. Â£ 76* \\ ~-- ISLAND - 11. ZONE AE = 100 YEAR FLOOD BOUNDARY, ZONE X = AREA OUTSIDE OF 500 YEAR FLOOD BOUNDARY. \+ \ -2,1.- ...:11, -\ 19 - / i.Â£ 1... 1 4 \ - 6 94 / , 2/ 1.- r.4.4.-4 v.#iÂ·~fof, 1 - 3%2 1-1 ..14-2*'.4 832 - 1: SLOPE LEGEND -< I a#~71.4 7 ' 14 -/ Â· RÂ·Lim. f 9385/r ~ M- 19.991 SLOPE / / ,<7 - 4/ t>+ 4 ~ L - .1 20% - 29.99% SLOPE % 2Md \ 2 leo. ---- .4- 51*Â·â€ž,ff-- 1~~ *4*R/ilit 0- :40 /, 4 ../ CITY OF ASPEN BANK OF BIKRING -/ , 1 PARCEL NO. 273707352853 ~ EÂ·,-LAWÂ·Â·4 NE ~ 230% SLOPE ~ . Fpe/ RIVER 8007'292. PAGE 472 ~ s LOT 3, TRUEMAN NEIGHBORHOOD Elow I -*.0. 57â‚¬233-91Â·12~y/ --2-- //2?// y ,Â«' REFERENCES ~~ 2~9Â¥ 1 -20Â¥' "ROARING FORK ~*R.. Oma- i /14. 1 / <lou} N8225'32"W 65.M . 9. THE Â»HIGH WATERUNE" AND THE "TOP OF- SLOPE" SHOWN HEREON WHERE DELINEATED BY GARY BEACH OF 40 . / 1\ . 1 COMMERCIAL PROJECT BOOK 5. PAGE 70 ~ Â¥2}AR & CAP - ' -- â‚¬04 / EXISMNG EDGE L 5- 119598 (SET) - d \ SURVEYOES STATEMENT -1 < OF WATER - (719,0 - - 1 -- - .01'57-71 >i..:25~ / \ 1. FRANK W. HARRINGTON, DO HEREBY STATE THAT THIS SURVEY WAS PREPARED BY HIGH COUNTRY ENGINEERING, INC. FOR 1 AUGUST 2009 1 JACK C. ROWLAND. THAT SAID SURVEY WAS PREPARED BY ME OR UNDER MY SUPERVISION AND RESPONSIBLE CHARGE AND P.. e;-: PARCEL NO. 273707301801 FRANK W. HAR~ING*1. L.S. N& 19598 PROJECT NO THAT IT IS TRUE AND CORRECT TO THE BEST OF MY BEUEF AND KNOWLEDGE. \ <*111 4--i#Ar la '., 1': / CITY OF- ASPEN RY 4- -1. 6,2>. vt--4 -4 / BOOK 292, PAGE 472 N ..f .. 49-21' -3*4,3466*:1 M.. k 1951 5 . .F 2091640.00 1 -I - 7834 ~ - NOICE ACCORDING TO COLORADO LAW YOU â€¢IUST COAâ€¢ENCE ANÂ¥ LEGAL ACTION BASED UPON ANY DEFECT IN THIS WRVEY MIHIN THREE ,EANS AFTER YOU FmST DISCOVER SUCH DEFECT, Â»1 NO nDIT ALAy ANY ACMON . 2, 1 *5â„¢3 N 'Ag' UPON *Y DEFECT IN 1HIS SURVEY BE COW,IENCED MORE â„¢AN B 1 OF1 ,â‚¬ARS FROU â„¢E DATE OF ==40- HEREON. H3AN30 NOUVO Aa NOISLAEIM M31/\328 N[923Â¥01 01Â¥3B-LS NI>lyÂ¥ 04 1 Â£ d 31VAVO 1 INISIBâ‚¬ 1-TVO Sssz-St' Ae /Â»13-10 0 HDIH < EXHIBIT 1 1 ATTACHMENT 2-LAND USE APPLICATION PROJECT: Name: 69 SHADY U<litj â‚¬Te-EAM Ill\FRIA 4\)laID Location: 0069 5hadM lane z AStkn (Indicate street address?lot & block number, legal description where appropriate) Parcel ID # (REQUIRED) APPLICANT: Name: OkiC go w LAND Address: 53 NNA Clec L.â‚¬ PINE j CD *)41 0 Phone #: (303) 23 L tgal REPRESENTATIVE: Name: Haas Land P lan ning_ Address: Rot N. Mill 34. 3, S,i; 4' 18% : A.spin, fu -3}%l, Phone #: (99 4 935 -79(9 TYPE OF APPLICATION: (please check all that apply): D GMQS Exemption El Conceptual PUD U Temporary Use 2 GMQS Allotment ~1 Final PUD (& PUD Amendment) U Text/Map Amendment ~ Special Review j Subdivision U Conceptual SPA 0 ESA - 8040 Greenline, Stream C] Subdivision Exemption (includes C Final SPA (& SPA Margin, Hallam Lake Bluff, condominiumization) Amendment) Mountain View Plane U Commercial Design Review U Lot Split Â£ Small Lodge Conversioni Expansion D Residential Design Variance E Lot Line Adjustment U Other: U Conditional Use EXISTING COND]TIONS: (description of existing buildings, uses, previous approvals, etc.) Tvvo DerAC- HE D Sl NGLâ‚¬ *2*N I uy RE Sit)ENCE â‚¬ PROPOSAL: (description ofproposed buildings, uses, modifications, etc.) SpeciAL Â£611 64 -1-8 Apfâ‚¬ AL_THâ‚¬ STEâ‚¬.AMI MAer,iN MAP; -Ef oP-Su,PE DETEQM/NA-7-loW -4.L... Have you attached the following? FEES DUE: $ 4 198 Â® Pre-Application Conference Summary N Attachment #1, Signed Fee Agreement U Response to Attachment #3, Dimensional Requirements Form U Response to Attachment #4, Submittal Requirements- Including Written Responses to Review Standards U 3-D Model for large project All plans that are larger than 8.5" X 11" must be folded. A disk with an electric copy of all written text (Microsoft Word Format) must be submitted as part of the application. Large scale projects should include an electronic 3-D model. Your pre-application conference summary will indicate if you must submit a 3-D model. ~21 ATTACHMENT 3 DIMENSIONAL REQUIREMENTS FORM project: 69 5 hady (-ane 5-tnÂ°#n Btr~n Reviab Applicant: \73 c â‚¬ to wtan,<k Location: 6 9 .96 aÂ©7 (ane / spel Zone District: /4-30 Lot Size: A. -7 Â£59 cic nÂ° 5 Lot Area: / 00,9(,3.8 sf FAr (IMOUâ€ž13 9-7 6%6.3 st (4, rde#/ahnf FAij (for {he purposes of calculating F16or Area, Lot Area may b6 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: Eotisting: 14/A Proposed: 14/A Number ofresidential units: Existing: 2- Proposed: /0 / A Number of bedrooms: Existing: N fA Proposed: NFA Proposed % of demolition (Historic properties only): 4 V DIMENSIONS: it 2-30 A\/A Floor Area: Existing:Ste Surve.)~Allowable:art ile,~ , Proposed: Â·v~ Principal bldg. height: Existing: U Allowable: 4 Proposed: A) Access. bldg. height: Existing: U Allowable: n Proposed: U On-Site parking: Existing: w Required: U Proposed: tl % Site coverage: Existing. Required: 4 Proposed: W % Open Space: Existing: 4 Required: 4 Proposed: \) Front Setback: Existing: 4 Required: 4 Proposed: 4 Rear Setback. Existing: 4 Required: U Proposed: 11 Combined F/R: Existing: 4 Required: 4 Proposed: 11 Side Setback: Existing: 4 Required: u Proposed: 1\ I 11 Side Setback: Existing: Required: Proposed: U Combined Sides: Existing " U Required: Proposed: 0 Distance Between Existing L I Required: M Proposed: D Buildings Existing non-conformities or encroachments: ANA Variations requested: ~ EXHIBIT Mitch Haas Haas Land Planning 970.925.7819 February 26,2010 Re: 69 Shady Lane, Top of Slope Determination ASPEN/PITKIN Dear Mitch, COMMUNITY DEVELOPMENr DEPAM I'MEN 1 The Stream Margin Map delineates the Top of Slope outside and above the property boundary of 69 Shady Lane, as illustrated below. The blue line outlines the parcel boundaries for 69 Shady Lane and the green line demarcates the Top of Slope. The actual surveyed Stream Margin Map is available in the Community Development Department. As stated in the Land Use Code Section 26.435.040, development may not occur below the Top of Slope or within 15 feet above the Top of Slope. r -, b - 12,-:Â· 2/* :Â· i r m ",9/1,1 :.2,# tpliaili:mver,;AW: Vid'ki i L'JI il ' *h - * 3% . "r'' *4 . .r. Â¥ w . Ass/.A' .... 12 Â· ti Â·Â· Â·eâ‚¬. 1.1/_f,ivitillil5r Ic, pY*fdij/lilizillit*Al## 427 I .f .... 4. .J' b :~ .' 6 69 Shady Lane * The Land Use Code permits an appeal of the Top of Slope Determination to the Planning and Zoning Commission through the Special Review process. A pre-application summary outlining the appeal process is attached to this Determination. Sincereln , Chfis Bendon V Community Development Director Attachment: pre-application summary 130 Soul H GALENA STRIi!,1 ASPEN, COLORADO 81611-1975 Â· PHONE 970.920.5090 Â· Bu 970.920.5439 Printed on Recycled Paper F Jabt. i EXHIBIT F71 CITY OF ASPEN PRE-APPLICATION CONFERENCE SUMMARY PLANNER: Sara Adams, (970) 429.2778 sara,adams@ci.aspen.co.us DATE: 02.23.10 PROJECT: 69 Shady Lane, p=k,1 1 41 Parcel # 2737.073.00.012 ,/IT/61/,ths//,14:% 11'afF#Ii'AM/:I./161//luj f Y.trim -3 H4Iili5Ill REPRESENTATIVE: Mitch Haas, Haas Land Planning % I b ' (970) 925-7819 *g . . . mhaas@sopris,net TYPE OF APPLICATION: Stream Margin Special Review to appeal Top of Slope determination. DESCRIPTION: Background: 69 Shady Lane is located along the banks of the Roaring Fork River and Hunter Creek. Pursuant to Ordinance No. 26 Series of 1989, it is zoned R-30 PUD, The Rio Grande trail runs parallel to the east lot line and the Aspen Center for Environmental Studies (ACES) is located southwest. The proximity of the subject parcel to the waterways requires Stream Margin Review, which applies to all development within 100 feet, measured horizontally, from the high water line of the Roaring Fork River and its tributary streams (i.e, Hunter Creek), and to all development within the Flood Hazard Area (aka the 100 year flood plain.) Stream Margin Review relies on the Top of Slope determination to dictate where specific types of development are permitted. The current Top of Slope, as determined by the City's stream margin map, is located such that no future development is permitted on 69 Shady Lane. Proposal: The property owner would like to appeal the Top of Slope determination through the Special Review process to eventually permit development on 69 Shady Lane. The Stream Margin Map located in the Community Development Department delineates the Top of Slope. A property owner applicant may appeal the Top of Slope determination to the Planning and Zoning Commission through a Special Review process using the review criteria listed in Section 26.435.040.E of the Land Use Code. A signed survey by a licensed surveyor proposing a new Top of Slope must be included in the application in addition to an explanation as to why the Top of Slope must be changed and the reasoning behind the proposed delineation. The Planning and Zoning Commission is the final review authority. Staff strongly recommends that the applicant meet with ACES to discuss the impact of the proposed new top of slope line on their property and Hallam Lake, specifically the potential to develop the southern portion of the parcel (the island.) No actual development is proposed at this time. It is important to note that lot area beneath the high water line of a body of water is not included in the total lot area when calculating floor area. Land Use Code Section(s) 26.304 Common Development Review Procedures 26.435.040 Stream Margin Review 26.435.040.D Appeal of Director's Determination 26.435.040.E. Stream Margin Special Review Review by: Staff for completeness, Public Hearing: Yes. Referral Agencies: Engineering and Parks. Planning Fees: $1,470 Deposit for 6 hours of staff time (additional staff time required is billed at $245 per hour.) Referral Agency Fees: Engineering Major ($410) , Parks Major ($410) Total Deposit: $ 2,290 to submit application. To apply, submit the following information: 1. Proof of ownership with payment. 2. Signed fee agreement (all applications) 3. Completed City of Aspen application form Call applications) 4. Applicant's name, address and telephone number in a letter signed by the applicant, which states the name, address and telephone number of the representative authorized to act on behalf of the applicant. 5. 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 ownefs right to apply for the Development Application. 6. Total deposit for review of the application. 7. Copies of the complete application packet and maps: 13 copies total. HPC = 12; PZ = 10; GMC = PZ+5; CC = 7; Referral Agencies = 1/ea.; Planning Staff = 1 8. An 8 1/2" by 11" vicinity map locating the parcel within the City of Aspen. 9. Site improvement survey including topography and vegetation showing the current status, including all easements and vacated rights of way, of the parcel certified by a registered land surveyor, licensed in the state of Colorado. (This requirement, or any part thereof, may be waived by the Community Development Department if the project is determined not to warrant a survey document.) 10. A written description of the proposal and an explanation in written , graphic, or model form of how the proposed development complies with the review standards relevant to the development application. Please include existing conditions as well as proposed. 11. List of adjacent property owners within 300' for public hearing. The GIS department can provide this list on mailing labels for a small fee. 920.5453 12. Copies of prior approvals. 13. Applications shall be provided in paper format (number of copies noted above) as well as the text only on either of the following digital formats. Compact Disk (CD)-preferred, Zip Disk or Floppy Disk. Microsoft Word format is preferred. Text format easily convertible to Word is acceptable. 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 [7 COMMITMENT for TITLEINSURANCE RECEIVEA issued by ~~ TITLE COMPANY OF THE ROCKIES, INC. MAR 2 4 2010 as agent for CITY OF AS PEN COMMUNITY DEVELOPMENT FIRST AMERICAN TITLE INSURANCE COMPANY Reference: Commitment Number: 0702799-C Prepared for: Inquiries should be directed to: Carol Dopkin Susan Hass Carol Dopkin Real Estate, Inc. The Title Company of the Rockies, Inc. 122 W. Main Street 220 East Cody Lane Aspen, CO 81611 Basalt, CO 81621 Reference Property Address: 69 Shady Lane, Aspen, CO 81611 SCHEDULE A 1. Effective Date: June 29,2009,7:00 am Issue Date: July 23,2009 2. Policy (or Policies) to be issued: ALTA Owner's Policy (6-17-06) Policy Amount: Premium: Proposed Insured: A Buyer To Be Determined 3. The estate or interest in the land described or referred to in this Commitment is: Fee Simple and Title to said estate or interest is at the Effective Date vested in: Fleeta Baldwin, Roine St. Andre, Jack Rowland, and Jill Boyd, as tenants in common 4. The land referred to in this Commitment is located in the County of Pitkin, State of Colorado, and is described as follows: FOR LEGAL DESCRIPTION SEE SCHEDULE A CONTINUED ON NEXT PAGE Alta Commitment - 2006 Schedule A V.1 Commitment No. 0702799-C Schedule A (continued) LEGAL DESCRIPTION The land referred to in herein is located in the County of Pitkin, State of Colorado, and described as follows: Beginning at a post standing about 30 feet south ofthe south bank of Hunters Creek and 50 feet west from the center ofthe Denver & Rio Grande Railroad track, said post being at the northwest corner of parcel of ground deeded to said Denver and Rio Grande Railroad Company by the Hallam Land Company; thence southerly parallel with the Denver and Rio Grande Railroad 266 feet to the north bank ofthe Roaring Fork River; thence following the north and east bank of the Roaring Fork River with courses westerly and northerly 780 feet to the south bank of Hunters Creek at its junction with Roaring Fork River; thence N. 89Â°44' E. 220 feet to the place of beginning. Together with all water rights pertaining thereto. Situate, lying and being in Section Seven (7), Township Ten (10) South, Range eighty-four (84) West of the Sixth Principal Meridian. NOTE: Upon compliance with Requirement No. 1, the above legal description will be amended accordingly. Alta Commitment - 2006 Schedule A (continued) Commitment No. 0702799-C Schedule B-I Requirements COMMITMENT FOR TITLE INSURANCE ~CHEDULE B - SECTION I REQUIREMENTS THE FOLLOWING ARE THE REQUIREMENTS TO BE COMPLIED WITH: Item (a) Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be insured. Item (b) Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record, to wit: 1. Legal description by a registered Surveyor or Engineer accurately describing the land to be insured. 2. Deed from Fleeta Baldwin, Roine St. Andre, Jack Rowland, and Jill Boyd, to A Buyer To Be Determined. NOTE: Duly executed real property transfer declaration, executed by either the Grantor or Grantee, to accompany the Deed mentioned above, pursuant to Article 14 of House Bill No. 1288- CRA 39-14-102. 3. Evidence satisfactory to the Company that there has been compliance with the Right of First Refusal recorded April 28, 1976, in Book 311 at Page 308. THE COMPANY RESERVES THE RIGHT TO CONDUCT AN ADDITIONAL SEARCH OF THE RECORDS IN THE OFFICE OF THE CLERK AND RECORDER FOR PITKIN COUNTY, COLORADO FOR JUDGMENT LIENS, TAX LIENS OR OTHER SIMILAR OR DISSIMILAR INVOLUNTARY MATTERS AFFECTING THE GRANTEE OR GRANTEES, AND TO MAKE SUCH ADDITIONAL REQUIREMENTS AS IT DEEMS NECESSARY, AFTER THE IDENTITY OF THE GRANTEE OR GRANTEES HAS BEEN DISCLOSED TO THE COMPANY. NOTE: THIS COMMITMENT IS ISSUED UPON THE EXPRESS AGREEMENT AND UNDERSTANDING THAT THE APPLICABLE PREMIUMS, CHARGES AND FEES SHALL BE PAID BY THE APPLICANT IF THE APPLICANT AND/OR ITS DESIGNEE OR NOMINEE CLOSES THE TRANSACTION CONTEMPLATED BY OR OTHERWISE RELIES UPON THE COMMITMENT, ALL IN ACCORDANCE WITH THE RULES AND SCHEDULES OF RATES ON FILE WITH THE COLORADO DEPARTMENT OF INSURANCE. Alta Commitment - 2006 Schedule B-I Requirements Commitment No. 0702799-C Schedule B-II Exceptions COMMITMENT FOR TITLE INSURANCE SCHEDULE B - SECTION II EXCEPTIONS Schedule B of the policy or policies to be issued will contain exceptions to the following matters unless the same are disposed ofto the satisfaction ofthe Company, Any loss or damage, including attorney fees, by reason ofthe matters shown below: 1. Any facts, rights, interests, or claims which are not shown by the Public Records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. 2. Easements or claims of easements, not shown by the Public Records. 3. Any encroachment encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land. 4. Any lien, or right to a lien for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the Public Records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any created, first appearing in the Public Records or attaching subsequent to the effective date hereof, but prior to the date of the proposed insured acquires ofrecord for value the estate or interest or mortgage thereon covered by this Commitment. 6. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 7. Right of the Proprietor of a vein or lode to extract and remove his ore therefrom, should the same be found to penetrate or intersect the premises hereby granted, as reserved in United States Patent recorded December 24, 1902, in Book 55 at Page 116. 8. Any question, dispute or adverse claims to any loss or gain of land as a result of any change in the riverbed location by other than natural causes, or alteration through aceretion, reliction, erosion or evulsion of the center thread, bank, channel or flow of the waters in the Roaring Fork River and Hunter Creek lying within the subject land; and any question as to the location of such center thread, bank, bed or channel as a legal description monument or marker for the purposes of describing or locating subject lands. NOTE: There are no documents in the land records in the office of the Clerk and Recorder for Pitkin County, Colorado accurately locating past or present locations of the center thread, bank, bed or channel of the above river or indicating any alterations of the same as from time to time may have occurred. 9. Any rights, interests or easements in favor ofthe State of Colorado, the United States ofAmerica, or the general public, which exist or are claimed to exist in, over, under and/or across the waters and present and past bed and banks ofthe Roaring Fork River and Hunter Creek, 10. Any water rights or claims or title to water in, on or under the land. Alta Commitment - 2006 Schedute B-II Exceptions EXHIBIT 15 Haas Land Planning, LLC 201 N. Mill Street Suite 108 Aspen, CO 81611 (970) 925-7819 City of Aspen Community Development Dept. 130 S. Galena Street Aspen, CO 81611 RE: 0069 Shady Lane (PID# 2737-073-00-012) Appeal of the Stream Margin Map's Top of Slope Determination To whom it may concern: As owners of the above referenced property, we hereby authorize Haas Land Planning, LLC (HLP) to act as our designated and authorized representative for the preparation, submittal and processing of a letter requesting the appeal of the Stream Margin Map's Top of Slope Determination, as well as, any subsequent applications associated therewith. HLP is also authorized to represent us in meetings with City staff, the Hearing Officer, the Planning and Zoning Commission, and the Aspen City Council. Should you have any need to contact us during the course of your review, please do so through Haas Land Planning, LLC, whose address and telephone number are included in this letter. Yours truly, // / /-32 e O Â»k- icaq-4 Jack Rowland ' 53 Nova Circle Pine, CO 80470 (303) 838-1826 By: (224Â£2.Ali-.jift'ZLL.<-. Print Name Address, and Telephone Number A exta. 13Ddoj w in 1 1 6 TX ro lear, WAY Caken (L; t'y Cd 81 21'1 EXHIBIT J" 6 CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMEN Agreement for Pavment of Citv of Aspen Development ADplication Fees CITY OF ASPEN (hereinafter CITY) and Jack Rowland (hereinafter APPLICANT) AGREE AS FOLLOWS: 1. APPLICANT has submitted to CITY an application for Stream Margin Review for the property located at 0069 Shady Lane (PID# 2737-073-00-012) (hereinafter, THE PROJECT). 2. APPLICANT understands and agrees that City of Aspen Ordinance No. 57 (Series of 2000) establishes a fee structure for Land Use applications and the payment of all processing fees is a condition precedent to a determination of application completeness. 3. APPLICANT and CITY agree that because of the size, nature or scope of the proposed proj ect, 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 o f 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 ancFor City Council to make legally required findings for project consideration, unless current billings are paid in full prior to decision. 5. Therefore, APPLICANT agrees that in consideration of the CITY's waiver of its right to collect full fees prior to a determination of application completeness, APPLICANT shall pay an initial deposit in the amount of $ 2.290* which 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 $245.00 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 ~.r- Â£~~~~EJE:z:, 7 C 1. 11- By: By: 20*t?C ~>Â¢' Chris Bendon Jkk Rowland Community Development Director Date: 3 - R -/O nd Billing Address and Telephone Number: 53 Nova Circle Pine, CO 80470 (303) 838-1826 *1,470 Planning Fee; $410 Engineering Fee; $410 Parks Fee. T AH3AV-09-008-L ~ widn-dod poqa, ei ,@19Av :uautaBJete f Â®ogK5 ~-EXHIBIT Â¥ ~ ap sues . 1 UIO)*.IBAYMMAA ap u!#e amlpell el ? ze!idekl 1 V 3 ASPEN CENTER FOR ENVIRONMENTAL ASPEN CONSOLIDATED SANITATION CALLWINNIE LL STUDIES 565 N MILL ST 1606 CLEMSON 100 PUPPY SMITH ST ASPEN, CO 81611 LA JOLLA, CA 92037 ASPEN, CO 81611 CITY OF ASPEN HINES GERALD D FRIEDBERG MARC S 50% INT ATTN FINANCE DEPT C/O DUGDALE MARIAN PO BOX 8747 130 S GALENA ST 2800 POST OAK BLVD ASPEN, CO 81612 ASPEN, CO 81611 HOUSTON, TX 77065-6100 ROARING FORK I LLC WILLOUGHBY PONDS TRUST 445 S FRONTAGE RD 180 N WACKER DR #001 BURR RIDGE, IL 60527 CHICAGO, IL 60606 ~ .ialipa dn-dod esodxe Jaded pead ' Â®09ts ejeidulal Â®A'BAY esn Â£0925 Â®AMEAV ~ 01 au!1 Buole puea I V siege-1 Â®lead Xsea M itch Haas Haas Land Planning 970.925.7819 February 26,2010 Re: 69 Shady Lane, Top of Slope Determination ASPEN/PITKIN Dear Mitch, COMMUNITY DEVELOPMENT DEPARTMENT The Stream Margin Map delineates the Top of Slope outside and above the property boundary of 69 Shady Lane, as illustrated below. The blue line outlines the parcel boundaries for 69 Shady Lane and the green line demarcates the Top of Slope. The actual surveyed Stream Margin Map is available in the Community Development Department. As stated in the Land Use Code Section 26.435.040, development may not occur below the Top of Slope or within 15 feet above the Top of Slope. . 1 .. 4'J Â¥ 1,2 L Ul - .9 - bt .U.,-1 , wilvfi. I 1 .4 .:Â· ; 4 tr..Fivlk W)*t.1~ -roiÂ¢. #~.~.pr;,c. ; f24.0~ 2-9 . ,<i - I .-A 474/ ....f t * ,--. . .B.-1 ,<2 4 11.1 I .. I. A . .1 , 1/ilill./64,1 t f''ll ff Â· 0 t..t , A 4.2, 1,41...1 ]StreamMargin . 69 Shady Lane * The Land Use Code permits an appeal of the Top of Slope Determination to the Planning and Zoning Commission through the Special Review process. A pre-application summary outlining the appeal process is attached to this Determination. Sincereln Chi:Ts Bendon V Community Development Director Attachment: pre-application summary 130 SOUTH GALENA STREET ASPEN, COLORADO 81611-1975 PHONE 970.920.5090 Â· FAx 970.920.5439 Printed on Recycled Paper ADMINISTRATOR: Mary Lackner COVERAGE NAME: streammargin SUMMARY DESCRIPTION: This coverage illustrates the "top of slope" along the Roaring Fork River in the City of Aspen. This line is used to identify where development is subject to the City's Stream Margin Review COVERAGE TYPE arc FORMA1. ARC/INFO , PROJECIION: State Plane, Colorado Central Zone UNHS OF MEASURE: Feet DA 1UM: NAI) 83 SOURCE SCALE: 1:6000 ORIGIN: Sopris Engineering D A 1 E : February 2002 COVERAGE COMMENTS: The demarcation of the "top of slope" (referred to as "top of bank" on the maps) was prepared by Sopris Engineering under contract by the City of Aspen Community Development department in 2000. GIS received the data from Sopris Engineering in .dxf and extracted the "top of slope" line to create this coverage. '1'he original maps created by Sopris Engineering are recorded in the Pitkin County Clerk & Recorder's office at Book _ and Pages Refer to these maps for survey notes and methodology for establishing the "top of slope" Non-standard arc features: AAT DIATAFILE: stream,aat Col ITEM NAME WDTH OPIT 1- TJ P N.DEC CONIENT 33 Type 12 12 C - Description of the line types ARCHIVING: The original .dxf and .dwg files used to create this file are located in archive/deep/env/streammargin.dxfand streammargin.dwg The current file is located in archive/current/ellutro. MAINUENANCE: When the City has funds to extend this project into Maroon and Castle Creek GIS will update this layer. stream_ mmÂ·gin.doc C.1 -r BUD,1 611 pAE 605 CL CD L I >- I. .0 ORDINANCE NO. 26 -71 -Id: I . (Series of 1989) 9 AN ORDINANCE ZONING THE CENTENNIAL/HUNTER C~EK/LONE PINE ANNEXATION AREA GENERALLY LOCATED AT THE BASE OF SMUGGLER AND RED MOUNTAINS TO R-30 PUD, R-15A PUD, R-15A, PUBLIC, R/MFA AND R/MFA PUD. WHEREAS, the Centennial/Hunter Creek/Lone Pine area was annexed to the City of Aspen on March 24, 1989; and WHEREAS, the Planning Office held a neighborhood meeting with residents of the Centennial/Hunter Creek/Lone Pine area to receive input regarding zoning of the area; and WHEREAS, the Planning and Zoning Commission held a duly noticed public hearings on February 21, 1989, to consider zoning of the Lone Pine area and April 25, 1989, to consider zoning of the Centennial/Hunter Creek area; and WHEREAS , the City Council has considered the recommendation of the Planning and Zoning Commission and has determined the proposed zoning to be compatible with surrounding zone districts and land use in the vicinity of the site. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO Section 1 That it does hereby zone the Centennial/Hunter Creek/Lone Pine annexation area as illustrated on the attached map. Section 2 That the Zoning District Map be amended to reflect the zoning described in Section 1 and the Planning Director be authorized and directed to amend the map to reflect the zoning 1 change. BOOK 61 1 PAGE 606 Section 3 That the City Clerk is directed upon adoption of this ordinance to record a copy in the office of the Pitkin County Clerk and Recorder. Section 4 If any section, sub-section, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional by and court of competent jurisdiction, such portion shall be deemed a separate, district and independent provision and such holding shall not affect the validity of the remaining portions thereof. Section 5 Nothing in this ordinance shall be construed to affect any right, duty or liability under any ordinance in effect prior to the effective date of this ordinance, and the same shall be continued and concluded under such prior ordinances. Section 6 A public hearing on the Ordinance shall be held on the /6190</ day of ~4--4- , 1989, at 5:00 P.M. in the City Council Chambers, Aspen City Hall, Aspen, Colorado, fifteen (15) days prior to which hearing notice of the same shall be published once in a newspaper of general circulation within the City of Aspen. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law by the City Council of the City of Aspen on the,749 er/*-dday of 2 ZONING MAP ATTACHMENT TO . ORDINANCE 26 (SERIES OF 1989) &-f,ir = 1- <149 49 41 L ft , 4/1 6 2*21 1 â€¢ 1 f 'J 1 Â£ 1 - - m /1 . #4# f. 15/ht 911 f. A . ea.' + 93 f f \ v RUBEY SUBDIVISION 1, cr C.'4 f 2 +211#6 / 0 4 4., 15Â¢ .6, , 1 4 . 14. ~ 7- -30 . 18 UP t / R- 78* PUD! . ODEft COWEE :: + I uff# .' ~, 046 -01~ -L' 1 1 ! 9~~rt* 2â€¢ . 9 6 ..1 6. _---1--LF. 1 . 4,47 .4 ,..1 \6 1>~3662 , 1,1 :t *.7 y --*' - -- , V .# 6. , ' Â·Â·13 Â·/ LOT 6 ... &. -= 440 9:I ,). 9,,:9: ** R-30 PUD COMMUNITY - RUBEY SUBDIVISION CENTER J 11.F,FI]gDBS~*,~~*LAND- SCULLY (NOT INCLUDED N r Lt'.2.4 C ...1â€¢11' 0. _- ..c' ir ..0 + THIS ANNEXATION) + 42Â©G < PUBLIC LONG HOUSE *41.-4.4.'.... / HUNTER ' ' ' I -t,4/24. C.25:33221 Jk,=P-3 1 -L., f -1 1, , # 1 11 1 1 . :MORAN ~l tb< .. ... 4 1 1 9, 1 1 1 Il , f. /1 ' 111 /-1 - - 1 1. eÂ¥ \\,11 5 1 HORIH .~3~B~- AN+1% .Al i A 344.. aco'48 . '1 7 68 ~ - 1 ' ~ \ 7 4. .3 \ \ R/MFA , J. N Â» , LONE PINE / HUNTER CREEK : 3 0. 1 1 1 CONDOMINIUM / CONCCM,NINFUMS 7 q 8 0 1' :THE ' 1 LI'l : N SCALE 1 Nâ€¢ 100 FT I j, CENTENNIAL X ,< 1 4 ' CONDOMINIUM 1 -Â· ' Â· 0 ' . lk' / 1 I .9. DOUNC<RY TABULATION , 1 \2 <.3 4 1.Al CAL Ahâ€¢.2 1-AT 0. 51,0Â« Â¥ 1.130 02 " 0.04' CON '*.Ckh v Ayth -3 4 r " Â· 1 .ECI>41*, a>[rt-Â¥ AREA / ANNE I.A.Â©N / 091 N '.5 1-*â€¢fliuÂ»~â€¢kâ€¢CU ..... â€¢.1, I....1/.r Â· f~/31 ,, / MOCKLIN 3 , , )/ j : R/MFA ROD 2,004000.- .4 â€¢â€¢61.h>cxft iâ€ž; - i77Â°90'' ' DTY Qf ASPrN APPRaVA6 1.*7...w. -- 4 R-15A .. 1,4,3 UNTIKIL/â€¢Â·UNTIX ME+\â€¢i,[UTe. I- IgN -TX ColeÂ»00 e 2 ~ ./. Arrâ€¢>tr ./ T./ O 'Â¥ CO~Â£1/ Of 'â€¢â‚¬ C *~. 1 L M ou:Â»Illiz -I Al _..SENr, ~49!1. â€¢AN - 2 1 .... I. 4 3.1 ~.~.~~' ' ' 4,00.JOI 1 1 Will'AMS ADDITION ~ANNEXATKON 1 I'lt' I-. ' | 748 ,1,7 OP TUâ‚¬ CEHÂ·~.~+A~L~~~j7&.r *â‚¬00.gw u#61â€¢â€¢nÂ·t . ~337' '32.6 C~â€¢Il .rwe CLE..1 ANO UXI'DE. --1 \ \ >r' ' t 11 - I.'.'' - CCXJN//, =LJO ON h._ y' 51,/ . 1 J, W, ' I , 1 11 IN FLIT POOK - 1 . AT 42*_* l,0/1 â€¢sct,fe, i/,Iâ€¢â€¢0 P + d.: ,, 11 , aftlializz*o<. 04 . --..... ..Efe 1 . 4 1 A1111=Trly 11T-MT ulivt 1 151,1.IAL/IIIJNTIÂ» rip 1Â£1* / i'._1 ~\. 18- . .VSMUGGLER ENCLAVE ANNEXATOÂ© 1 Â· . 1 LONE PINE ANNEXATIOIN f .1 â€¢41Â·9 lyÂ· - -1 -4-Al. - .â€¢O - .Mfo # 135! â€¢9,Â·i ter-. 7 5Â¥0-7 f .0 C'-1 .. al !'.- hejo-0 -30 04 O,il>~ ~t~ ~~ ~ 611 p.,0,6(17 ox 611 *[)48 95727 , 1989. /-~Il~Â« William L. Stirling, Maydr ATTEST: 60Â»43 1 6 24-0 Kathryn S/ Koch, City Clerk FINALLY, adopted, passed and approved this day of , 1989. A. 1 William L. Stirling, Maydr ATTEST: #34 6-1.L Kathryn S~Koch, City Clerk annex.cen.hc.lp.ord.zon 3 Sara Adams From: Mary Lackner Sent: Tuesday, September 15, 2009 10:33 AM To: Sara Adams Subject: RE. GIS layer question Attachments: stream_margin.doc Sara- Attached is the description of where the data came from. At the time, Sopris was contacted so ComDev could have a reference map to easily determine what parcels were subject to Stream Margin review along the Roaring Fork River and what parcels would be exempt. A map was also produced for ComDev at this time which I have put in X:\gis\sara. Since this information was created in direct relationship to the Stream Margin process, changingthe name may "break" this relationship and provide more ambiguity to the process. I'd like a bit more discussion and the definition of "stream margin" before changing this. I'd also be happy to discuss this with you at your convenience. Mary Lackner 970.920.5106 http://www.aspenpitkin.com/gis 39Â° 11' 28.8"N 106Â° 49' 3.4"W elevation 7906' From: Sara Adams Sent: Monday, September 14, 2009 11:37 AM To: Mary Lackner; Bridgette Kelly; Jennifer Phelan Subject: GIS layer question Hi Bridgette and Mary, I am researching a parcel on lake avenue using a few of ESA layers (Hallam Bluff, Stream Margin) to create a map. 1 spoke with Bridgette this morning to get clarification what the 'stream margin' layer delineates. The stream margin layer indicates the top of slope or top of bank that was plotted by Sopris Engineering. In our Code, the top of slope and stream margin review are different...which leads me to my question- can we change the layer name to top of slope instead of stream margin? Thanks!! Sara Sara Adams, Historic Preservation Planner Lity ot Aspen 130 South Uaiena btreet 2/" 01 71 - fispei }, uu o i o i i tiDie 9701429 2778 f:ly 9701920 5439 www.aspenhistoricpreservation.com 1 : I - *'~ifi'~ariur-k~,-â€žt,q pi, Ir'._.Ill/Biliwimul'*'. ..#.93- i~/1 r/ ./4, en ..... - ' .3 39Â·~, -lul< - I. * ~~ 961<*~A --. W,ir~#+r:~sur-*f.4.* 7"*AM,lfirlf .... I 'll- -5 . I -- -~ '- ' 1- i I d.Â· i LI[m -5. L. . E -)/I# ....i- . . - ...~1- -. 1.- *' mâ€¢- . &-Il,"I<0*V3'11* 1.â€¢ 9- //B, I .4>, ': '. '1 e 2 .. 1* L -/a#.6 \U l,fifith \,flp.8. A -'- t -i ~131.. ''' - U-L: -- .4./pl ..adli3ilig:lambillial::dimille , ;91) 4 4' * -t! "Lâ€¢. 1 Â·11. rf e.,.r &, - ~ Fly -4 4 1 12,<r , ., 9 \417#'14 4 i Ar . 2. *. 2 . 6..7,7 . 3 ---1 . . 7.4.-/1 1 4 1 11 1 ./.mJ'f 31 7 -Â· t Â«9~1 ;Il li /klilti /0. -- L ..p~A . I. t....*A I .-2,lu â‚¬ r Â¥--424.49 4% : i ....1 1//9,4 I r . J - 4/<' / . .f , 4>/ .1,4 A. & -Iv<*-... ...F -1 141 p.rE#3Â·Â·13, I 1 t. . 4, 1 4. 1 I, 4.(3 ti \ 1 .a 1.4 â‚¬9 b . ...lill-W ./.' /MTÂ¢. 4 lut. H 2/: 40//will'/1/ .i, J , ' 1 ./ 7*- 4.4 1 . . ' m-*Â©-.5, ~ Â· Â·~ \, / di . 1... 1.- a I :/IH# .16 illl 4 +-. - 6 - 31. 11% Â¢ . 1.1 . r. 4 - - *l .r .... '4$Â£m-W. 1 ' . . , 4 .,r...... ..Wma'",2,1,(21(1'"6:..1 "â€ž114'ri; + . . I r.l. . ...dIA . 4 . . .1(.14 . 9 149:knkbeit 'Liky' .i~ 4*1- t Â».,~ 1 2 '14 1 7 & ; V I .2, 41% . ..1 / pm#/ >Â·'il.* :/ILI'll'Wilifi . Se /KI,1.6&.mr 1. 34. CHIP k .1 . 0 I N .... 4. ' . a U 4. /<LiN//Ii:927Â£(4/.I."E - 4.' 4 ./../..#1'll e Â· -0 --*4 ~*=r - - -.flf k ./Â·a ~-flood_-100yr 1;~,,46 F'~44 lf,11 , 0.#,14 - '97 .-4 L . Â¤StreamMargin 1 .~ .4. NIi.' 1~,0,4 1141'12*Et ' " parcels , f 4 -~1 i.ir.i 0 0 005 0.01 0.02 0.03 004 1 1 IMiles 69 Shady Lane , 1 W / 0 69 SHADY LANE STREAM MARGIN REVIEW PLAN 90 h ~ 02 z & AO 32 g 2 :9:. t (PER DEW RECORDED IN BOOK 311 AT PAGE 307 A PARCEL OF LAND SITUATED IN SECTION 7, @9 ; m 051 Â§833 g TOWNSHIP 10 SOUTH, RANGE 84 WEST OF THE 6TH P.M. rb cp / COUNTY OF P[TKIN, STATE OF COLORADO Wo G z. map: /0-M / /08 0 5 I O REBAR & CAP---O LS.,120151 (FND) 0 I 1- I 1 I W W PROPERTY DESCRIPTION m I Z / BEGINNING AT A POST STANDING ABOUT 30 FEET SOUTH OF THE SOUTH BANK OF HUNTERS CREEK AND 50 FEET WEST FROU THE CENTER OF THE DENVER & RIO GRANDE RAILROAD TRACK, SAID POST BEING AT THE / NORTHWEST CORNER OF PARCEL OF GROUND DEEDED TO SAID DENVER AND RIO GRANDE RAILROAD COMPANY BY THE HALLAU LAND COMPANY; THENCE SOUTHERLY PARALLEL WTH THE DENVER AND RIO GRANDE RAILROAD 266 FEET TO THE NORTH BANK OF THE ROARING FORK RIVER: THENCE FOUOWING THE NORTH AND EAST BANK OF THE ROARING FORK RIER WTH COURSES WESTERLY AND NORTHERLY 780 FEET TO THE SOUTH BANK OF . -2 GRAPHIC SCALE 3/ 1.../- 9g. r"/9-,Vir HUNTERS CREEK AT ITS JUNCTION NTH ROARING FORK RIVER: THENCE N89Â·44'E. 220 FEET TO THE PLACE OF BEGINNING. TOGETHER WITH ALL WATER RIGHTS PERTAINING THERETO. ... . 4 \ 'deb '01.. i 8 STUATE. LYING AND BEING IN SECTION SE\EN (71 TOWNSHIP TEN (10) SOUTH, RANGE DGHTY-FOUR (84) WEST 0 , GERALD O. HINES Â· ~' /.1 PARCEL NO. 273707200026 0 D- i MARC & KAREN FR]EDBERG OF THE SIXTH PRINaPAL MERIDIAN. & PARCEL NOu 273707200035 ' ~< - 8 ~ C IN FEET) . . I\ BOOK 766, PAGE 967 1 inch - 80 ft ~ BOOK 348. PAGE 951 \- Ii.- (DEED CAUS TO CENTER ~~ ' 1 (AS SURVEYED) , PROPERTY DESCRIPTION P. resur OF HUNTER CREEK) 4- 1 1 * AUGUST 2009 - 1 \ . . /9Â¢ . **f,6// ' i I -/' A PARCEL OF LAND ~TUATED IN THE WEST HALF OF SECTION 7, TOWNSHIP 10 SOUTH. RANGE 84 ./4,1,3 --- ~ WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF PITKIN, STATE OF COLORADO; SAID PARCEL r *EST 1/4 CORNER 40/ i. .. 1 p~ P.O.~ t ~ BEING MORE PARnaJALLY DESCRIBED AS FOLLOWS: SEelloN 7 i r BLM BRASS CAP -" COMMENCING AT A POINT ON THE WESTERLY RIGHT-OF-WAY OF â„¢E DENVIER AND RIO GRANDE 0 (FWD) - 1 -ArdeÂ«, . -* (TIE â€ž0&11/4~11 REBAR & CAP ,-REBAR & CAP WESTERN RAILROAD, SAID POINT ALSO BEING 30' SOUTHERLY OF THE SOUTH BANK OF HUNTER < t 1--121 019695 (SET) / LS.02376 (FND) CREEK. 0,4HENCE THE WEST QUARTER CORNER OF SAID SECT1ON 7 BEARS: S8829'40~W A DISTANCE a ~'1 . OF THE ROARING FORK RIVER; THENCE ALONG THE NORTHERLY AND EASTERLY BANK OF SAID Z (YIELDING BEARING) ~: } RPICAL) OF 499.25 FEET); TMENCE S08Â·03'41'E .ALONG THE WESTERLY RIGHT-OF-WAY OF THE DENVER AND ~~------- RIO GRANDE WESERN RAILROAD A DISTANCE OF 260.69 FEET TO A POINT ON THE NORTHERLY BANK N89Â·53'49"E -=_- r % L Â£ 2 illi -- / ..I - -61 b 1 .4 REBAR & CAP ROARING FORK RIVER THE FOLLOWING THIRTEEN (13) COURSES: ~: LS.#5947 (RED 'W A DISTANCE OF 61.42 FEET; SHED .9/\ - 1 1. S7420'45 W A DISTANCE OF 63.86 FEET; 1361 ElEVAnON: 7838.32 ~Â·-OLD f 4 V - / I Â·'- ~ ~ ~~ b |~ 4 3. S59'2227-W A DISTANCE OF 61.71 FEET In I .7 = \ W 14 > FENCE ZONE X | 1 5:9 0 7 ' ' /L=& . /23& \* . RECEPnON NO. 501239 6. N8225'32-W A DISTANCE OF 65.31 FEET; /V- V CALLNNNIE, LLC 4. S72*08'49'W A DISTANCE OF 43.05 FEET: 1 I \COVERED / PARCEL NO. 273707300010 5. S7805'13Â»W A DISTANCE OF 91.12 FEET: Â£ 0 *</ V' yÂ»UCNG 8 7. N60'40'18"W A DISTANCE OF 53.12 FEET: 0 1 CONC. PATIL- fuE. >'36y '- ~ 1. 4 i | & 14 8. N43'23'034Â¥ A DISTANCE OF 79.12 FEET; . I : , Â· 7 1 L Y , 10. N55Â·43'43~E A DISTANCE OF 50.85 FEET: POST Â· 1 51.1 9. N21 31'49"W A DISTANCE OF 35.19 FEET; 2 , 11. N4815'257 A DISTANCE OF 62.81 FEET: 91 ASPEN CENTER FOR , FORK RIVER 4% 5. 6 / ../ - 1~ t ~ < ~ , ~ - 13. N28'27'147E A DISTANCE OF 136.43 FEET TO A POINT ON THE SOUTHERLY BANK OF ENVIRONMENTAL STUDIES . ~ ZONE X 12. N17'05'12Â»E A DISTANCE OF 64.93 FEET: Z PARCEL NO. 273707300801 . 2 1~ 4~F / ,\. \ BOOK 564 PAGE 75 ~ ~ ' Â·l \TI HUNTER CREEK; THENCE LEAVING SAID EASTERLY BANK N8545'50-E A DISTANCE OF 238.99 FEET TO /. / WALK I Â· THE POINT OF- BEGINNING. SAID PARCEL. CONTAINING 2.755 ACRES, MORE OR LESS. ALT Â· ~- - . 2- 0. 1 f ji \ -0 0 40Â· ~*~ i~*i /./ ~ - 1 .8 1 22 NOTES . I r GRAVEL D.'--,+2f--=-z- --- _ u -- i 1. BASIS OF BEARINGS FOR THIS SURVEY IS A BEARING OF TRUE NORTH DETERMINED BY GPS OBSERVATIONS 2- 1 '' .\1 PLACE AND THE SOUTHWEST CORNER OF THAT PROPERTY DESCRIBED IN BOOK 766 AT PAGE 967 OF THE r . YIELDING A BEARING OF N89'53'49E BETWEEN THE WEST 1 /4 CORNER OF- SECTION 7, A BLM BRASS CAP IN E :8% 8 ROARING 'ie~~ ~ FRAME HOUSE 4 14-:U-- S % Ch- N ; / PITKIN COUNTY CLERK AND RECORDER'S OFFICE, A REBAR AND CAP LS. NO. 2376 FOUND IN PLACE AS a W,E ~ . \ 4 / '.41 2 69 SHADY LANE: * ...1 Â§ 1,0 5 'l I SHOWN HEREON. Z m- FORK RIVER ~~ <HA 1 A / 2,Â· W . Â»a \ / WATER~ v 29> 4 , 0, 2 W ~WR O DATE OF SURVEY: AUGUST 13,2009. 4 - SPIGOT \. 4/ 1 \\ e Ill 1 3. THIS SURVEY IS BASED ON DEED RECORDED IN BOOK 311 AT PAGE 307, BOOK 512 AT PAGE 253, BOOK \ I. 348 AT PAGE 951, BOOK 766 AT PAGE 967. BOOK 292 AT PAGE 472, BOOK 568 AT PAGE 75. RECEPnON /4 NO. 557260. RECEPTION NO. 501239. RECEPTION NO. 463751, ANAL PLAT OF TRUEMAN NEIGHBORHOOD E SH W BOOK 588, PAGE 75 , 8\ # -1 - 1 ~ /EV 9~ L 1 REFEnENCES CENER h j ; MAP RECORDED IN BOOK 3 AT PAGE 388 AS RECEPnON NO. 134450 AND CORNERS FOUND IN PLACE AS ZC Z h rV 21 COMMERCIAL PROJECT RECORDED IN BOOK 5 AT PAGE 70, DENVER RIO GRANDE RAILROAD RIGHT-OF-WAY OF ROARNG FORK irER 1-ZONE AE-<4- f ~ SHOVN. 3 low2 Al \ a 4 0 -g~ UMITS PER FEMA MAPS /. .O 1}1IS PROPERTY IS SUBJECT TO RESERVAnONS, RESTRICTIONS, COVENANTS AND EASEMENTS OF RECORD OR ~~0% IN PLACE AND EXCEPTIONS TO TITLE SHOWN IN THE TITLE COMMITMENT PREPARED BY TITLE COMPANY OF 0 16 N.M~ AND FIELD TOPOGRAPHY \. a-.1- - ... - -oGE.- - 1 THE ROCKIES, INC., DATED JULY 27. 2009 (COMMIâ„¢ENT NUMBER 0702799-C). CL 6. -*diT.. -- .4 WOOD \ I ...10 5 4% 7\ \ \ \ FENCE\-- ~I#~a v = -Â·0~ - 5. ELEVATIONS SHOWN HEREON ARE BASED ON NORTH AMERICAN VERTICAL DATUM oF 1929 (NAV[) 29) ~ / REFERENCED FROM NATIONAL GEODETIC SURV'EY (NGS) BENCHMARK STAnON S159 HAVING A PUBUSHED ELEVATION OF 7715.64. / -- 1 / 402 - / AUGUST 2009-/ 6. CONTOUR INTERVAL- EQUALS 1 FOOT. Â¥ 2 3 6 ~ --' (4Â·.3/ -- \ I ... f f /n -- Â·. .. 3 I.-Â· I -Â· -r 1 \ \4 -\Â·. a x 2.755+ ACRES - - 7. FLOOD INFORMATION WAS TAKEN FROM FENA FLOOD INSURANCE RATE MAP OF PITKIN COUNTY COUMUNITY PANEL NO. 08097C0203 C ~TH AN EFFECTIVIE DATE OF JUNE 4.1987.100 YEAR FLOOD UNE WAS BASED NÂ£.%/DAF, fl; i' -'44 Tos.2.- A-0 .--1. / *Ch , 1 - \84 x ON DETERWINED ELEVATIONS SHOWN THEREON (NAVD 1929). i / 1 WOOD -h. -- 1 +11~ THE BEARINGS AND DISTANCES SHOWN IN PARENTHESIS (NOBÂ·00'00-W) ARE RECORD MEASUREMENTS. ..IGE.. $74*20'45' 63.8 c / ct PEIES,RIAN , 8 Â· I ~ N21'31'49Â»W 35 19' 1 ~ ~0~~ ~ ~ - -~ Â·Â·~ ~ ~< Â· ~ BEACH RESOURCES ON FEBRUARY 12, 2010. BRIDGEr 9. THE "HIGH WATERUNC AND THE 1Â»TOP OF SLOPC SHOWN HEREON WHERE DELINEATED BY GARY BEACH OF - ~ 10. 2' CONTOURS SHOWN HAVE BEEN TAKEN FRON THE PITKIN COUNTY GIS. \ \ < ISLAND ---. 11. ZONE AE = 100 YEAR FLOOD BOUNDARY, ZONE X = AREA OUTSIDE OF 500 YEAR FLOOD BOUNDARY. $\ . \ t. / ./2/'*Fri L - I . *\ _CZ- 4 -1Â¢3 ?A \ S. m / , 4 Z III / $ 2 .19 3 .. 24 . -jhy I 6, blt/./ - . gA /../..U*-4 -i Â· 1'*/ / SLOPE LEGEND Z I 1 j --% / / / O% - 19.99% SLOPE ~ id Â£ 20% - 29.99% SLOPE E 2= -eA.1. 1 ANK OF Re*li~ I 2 30% SLOPE 0- .< .gt~~Y.of~Â» *~ 29Zp4~72~ -- ~ PARCEL~.~t~52853 0I I I FORK RIVER ~ 5 LOT 4 TRUENAN NOGHBORHOOD ~ M m \ -... 13"\11 91.12:z- - X-~- /' t~~ ,4#10"- REFERENCES W O COMMERCIAL PROLCT .~ Â»ROARING FORK RNER" . ... 2.7 16 BOOK 5, PAGE 70 ~ 0 Ap-/ N8225'32'W 65.31' S78t5' \ 73 < (D 0 -1 \ 11 -4 - df...A i DOSTING EDGE -.X L 98 (SED *- - - - $1 1:. ../ .9, 1 1 --- N. /%#AY- \ ~ CITY OF AS'EN . ~ , : BOOK 292, PAGE 472 Â· PARCEL NO. 273707301851 PROJECT NO 4 i . . . *. / . 1Â»146- Â· \ 2091640.00 7/'47*:: 4-/16.-u, .1.,2---I-~07Â·- -Â·Â·-.Â·- .- 9,11:' .1 ..... NOTICE. ACCOF.I. TO CCLORADO LAW ~u UUST CO,~Ell~ I. LEGAL ACTDI .A~} UPON ANy DEFECT I ..Er ... ...Rs NeTER YOU NST 019Â¤01,ER SUCH DEFECT. I NO E~ENT ~AY ANY = BA~D -ON ANY DEFECT I mIS SUR.Er BE CO-,ENCED WORE nIN, Te, 1 OF1 ,EARS FRI../ DA. ./ CER,1,1CA'ON SHOIN HEREON. /31.1 a380!31011 0 009&!0103'N)dSÂ¥ Â¥V 31Â·LL HO/ 31VAÂ¥3)(3 VO SSI 1.08-2-1-1/0 ESSZâ‚¬Ve nun" 0 18 NOISIAE]U 8'0 '4 -E 260.69' M3[A321 NIDMVIN IAIV3hllS