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Home My WebLink AboutLand Use Case.605 S Aspen Alps Rd.0046-20110046.2011.ASLU 605 S. ASPEN ALPS ROAD 2737 16 2 56 003 , EXTENTION OF VESTED RIGHTS MOSES LOT SPLIT 1 --1 Oallmel abl THE CITY OF ASPEN City of Aspen Community Development Department CASE NUMBER 0046.2011.ASLU PARCEL ID NUMBER 2737 16 2 56 003 PROJECTS ADDRESS 605 S ASPEN ALPS ROAD PLANNER JENIFFER PHELAN CASE DESCRIPTION EXTENTION OF VESTED RIGHTS REPRESENTATIVE ALAN RICHMAN DATE OF FINAL ACTION 7.12.11 CLOSED BY ANGELA SCOREY ON: 8.16.11 DEVELOPMENT ORDER ofthe City of Aspen Community Development Department This Development Order, hereinafter "Order", is hereby issued pursuant to Section 26.304.070, "Development Orders", and Section 26.308.010, "Vested Property Rights", of the City of Aspen Municipal Code. This Order allows development of a site specific development plan pursuant to the provisions of the land use approvals. described herein. The effective date of this Order shall also be the initiation date of a three-year vested property right. The vested property right shall expire on the day after the third anniversary of the effective date of this Order, unless a building permit is approved pursuant to Section 26.304.075, or unless an exemption, extension, reinstatement, or a revocation is issued by City Council pursuant to Section 26.308.010. After Expiration of vested property rights, this Order shall remain in full force and effect, excluding any growth management allotments granted pursuant to Section 26.470, but shall be subject to any amendments to the Land Use Code adopted since the effective date of this Order. This Development Order is associated with the property noted below for the site specific development plan as described below. South Alps Road, LLC, 604 W. Main Street, Aspen, CO 81611. Property Owner's Name, Mailing Address and telephone number Lot 1, Moses lot split commonly known as 605 S. Aspen Alps Road, Aspen, CO 81611 Legal Description and Street Address of Subject Property Reinstatement of vested property rights of a site specific development plan. Written Description of the Site Specific Plan and/or Attachment Describing Plan Resolution No. 47 (series of 2011) 7/25/11 Land Use Approval(s) Received and Dates (Attach Final Ordinances or Resolutions) July 24,2011 Effective Date of Development Order (Same as date of publication of notice of approval.) June 23,2013 Expiration Date of Development Order (The extension, reinstatement, exemption from expiration and revocation may be pursued in accordance with Section 26.308.010 ofthe City of Aspen Municipal Code.) Issued this 25th day of July, 2011, by the City of Aspen Community Development Dire*r. RAA A C JVNOvvvUL CAPTOrenaon, Community Development Director Â»1 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.070 AND CHAPTER 26.306 ASPEN LAND USE CODE ADDRESS OF PROPERTY: 60 9 5 - 4*17 Al,s E-oqj Aspen, CO STATE OF COLORADO ) ) SS. County of Pitkin ) 3 4-n (name, please print) being or representing an Applicant to the City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (IE) or Section 26.306.010 (E) ofthe Aspen Land Use Code in the following manner: L./ 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 fouiteen (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 o f general circulation in the City of Aspen no later than fifteen (15) days after an Interpretation has been rendered. A copy of the publication is attached hereto. Signature The foregoing "Affidavit of Notice" was acknowledged before me this 2 Cday , 201, by +L=r-LL SI 0-03 WITNESS MY HAND AND OFFICIAL SEAL ~ Notice is hereby + en to the general public of the 4 Eha El#L_NQI'GE of My commission expires: DEVELCPMENT APPROVAL reinstatement ot a vested properly right pursuant to the Land Use Code of the City of Aspen and Title 24, Article 68, Colorado Revised Statutes, of a site specific development plan pertaining to the ~-#21\ 072. **9514- following described property: lot 1 Moses lot Split also known as 605 S. Aspen Alps Road, Aspen, Notary Public Colorado, 81611, by order of the City Council on July 11,2011. The Applicant, received approval for a two year reinstatement of their vested rights to build a single family home. For further informationl contact Jennifer Phelan, at the City of Aspen Community Development Dept. 130 S. Galena St, Aspen, Colorado (970) ATTACHMENTS: 920-5090. s/ City of Aspen COPY OF THE PUBLICATION Publish in the Aspen Times Weekly on Ju\Y 24, 2011. [6787031] RESOLUTION NO. 47 (Series of 2011) A RESOLUTION OF THE ASPEN CITY COUNCIL APPROVING A REINSTATEMENT OF THE VESTED RIGHTS GRANTED BY RESOLUTION NO. 19, SERIES OF 2008 FOR THE PROPERTY DESCRIBED AS LOT 1, MOSES LOT SPLIT, COMMONLY DESCRIBED AS 605 S. ASPEN ALPS ROAD (FORMERLY KNOWN AS 800 S. ASPEN ALPS ROAD), CITY OF ASPEN, PITKIN COUNTY, COLORADO. Parcel No. 273718256003 WHEREAS, the Community Development Department received an application from Alan Richman Planning Services representing South Alps Road, LLC, requesting approval of a reinstatement o f the vested rights granted for the subject property pursuant to Resolution No. 19, Series of 2008; and, WHEREAS, the Planning and Zoning Commission adopted Resolution No. 19 (Series of 2008), which approved an 8040 Greenline review to develop a single family residence; and WHEREAS, the applicant's vesting period expired on June 22,2011; and WHEREAS, pursuant to Section 26.308.010 Vested Property Rights of the Land Use Code, City Council may grant an extension or reinstatement of vested rights after a public hearing is held and a resolution is adopted; and, WHEREAS, the Community Development Director has reviewed the application and recommended approval o f an reinstatement of vested rights for a period of approximately 3 years until June 22,2014; and, WHEREAS, the Aspen City Council has reviewed and considered the request under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered the recommendation of the Community Development Director, and has taken and considered public comment at a public hearing; and, WHEREAS, the City Council finds that the reinstatement of vested rights proposal for a period of two years meets or exceeds all applicable land use standards and that the approval of the extension of vested rights proposal, with conditions, is consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS, the City Council finds that this Resolution furthers and is necessary for the promotion ofpublic health, safety, and welfare. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ASPEN, COLORADO, THAT: Resolution No. 47, Series of 201 1 Page 1 of 2 Section 1: The Aspen City Council does hereby approve a reinstatement of vested rights as approved by Resolution No. 19, Series of 2008 for a two (2) year period through June 22, 2013, conditioned on the following: A. That the establishment herein of a vested property right shall not preclude the application of regulations which are general in nature and are applicable to all property subject to land use regulation by the City of Aspen including, but not limited to, building, fire, plumbing, electrical, and mechanical codes, and all adopted impact fees that are in effect at the time of building permit, unless an exemption is granted in writitjg Section 2: All material representations and commitments made by the applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the City Council, are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Section 3: This Resolution shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 4: If any section, subsection, sentence, clause, phrase, or portion of this Resolution is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. Section 5: A duly noticed public hearing on this Resolution was held on the 11 th day of July, 2011 at 5:00 PM in the City Council Chambers, Aspen City Hall, Aspen, Colorado. FINALLY, adopted, passed, and approved by a ~Br rÂ®one M .(pvote on this 11 th day of July, 2011. Approved as to form: Approved as to content: Â«tÂ¢4/ John Worceiter, City Attorney Michael C. Ireland, M~ Attest: Kathryn S. ~#ch, City Clerk Resolution No. 47, Series of2011 Page 2 of 2 Regular Meeting Aspen City Council Julv 11. 2011 communities are built around the people living in them. Mayor Ireland noted the issue was raised whether lodging is less impactful than affordable housing. Mayor Ireland said there are a clash of values, which has been legitimately raised. Mayor Ireland agreed this is not the same size as the existing scale of the neighborhood; however, this proposal is smaller than the lodge. Mayor Ireland said he would like to see if the applicant would eliminate more units. Councilman Skadron said he would like to see fewer units also. Stunda said he would be willing to relocate the 401 floor units within the project. Stunda reiterated the original Boomerang was larger than 30,000 square feet. Stunda said he would be able to go to 40 units and he does not have an issue with more category 3 units. Bendon suggested that the commons room in the historic wing may be turned into a unit. Mayor Ireland noted the neighbors proposed a 30,000 square foot building and the approved lodge was 45,000 square feet and a compromise might be about half of that with car free units to reduce parking impact and eliminate the 4th floor, retaining the gap between buildings. Council suggested a recess so the applicant's team can respond to suggestions. RESOLUTION #47, SERIES OF 2011 - 605 S. Aspen Alps Road Extension of Vested Rights Chris Bendon, community development department, told Council this request involves a single family house approved in 2008. The current owner purchased the property last month, two weeks before the vested rights were going to expire and had no ability to respond to that expiration. The applicants have requested a three-year extension of vested rights. There have been no changes to the land use code that would affect the approval. Bendon presented a summary of the vested rights extensions granted by Council; staff supports the 3 year extension. Bendon presented the public notice affidavits. Mayor Ireland said he feels 3 years is too long and Council should be careful about extending vested rights. Mayor Ireland recommended 2 years as sufficient; Councilman Johnson agreed. Alan Richman, representing the applicant, said they would agree with two year extension. Mayor Ireland opened the public hearing. There were no comments. Mayor Ireland closed the public hearing. Mayor Ireland moved to approve Resolution #47, Series of 2011, amending it to a 2 year extension; seconded by Councilman Johnson. All in favor with the exception of Councilman Torre, motion carried. RESOLUTION #48, SERIES OF 2011 - Aspen Art Museum Request to Pay Cash-in-Lieu Chris Bendon, community development department, reminded Council the approvals for the Aspen Art Museum laid out the requirements for the project to mitigate for additional employees estimated at 5.95 employees. Bendon noted the Aspen Art Museum could meet those obligations by purchasing existing residential units within the urban growth boundary; partnering with the city in purchasing at Burlingame Phase II; purchasing employee housing credits or cash-in-lieu with Council approval. 13 ATTACHMENT 7 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: 605 4. A\,5 UAO , Aspen, CO SCHEDULED PUBLIC HEARING DATE: 3 34 04 + o 11 STATE OF COLORADO ) County of Pitkin ) 1. (name, please print) being or representing an Applicant to the City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) of the Aspen Land Use Code in the following manner: J Publication ojnotice: 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. J Posting of notice: By posting of notice, which form was obtained from the Community Development Department, which was made of suitable, waterproo f 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 2-9 day of A).Al".t , 20*\ , to and including the date and time of the public hearing. A photograph ofthe 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 iii 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 o f Pitkin County as they appeared no more than sixty (60) days prior to the date of the public hearing. A copy of the owners and governmental agencies so noticed is attached hereto. (continued on next page) Rezoning or text amendment. Whenever the official zoning district map is in any way to be changed or amended incidental to or as part of a general revision o f this Title, or whenever the text o f this Title is to be amended, whether such revision be made by repeal of this Title and enactment of a new land use regulation, or otherwise, the requirement of an accurate survey map or other sufficient legal description of, and the notice to and listing of names and addresses o f owners of real property in the area of the proposed change shall be waived. However, the proposed zoning map 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. ML QU Signature The foregoing "Affidavit of Notice" was acknowledged before me this liA. day of jol~ , 200L, by Abn ICI'chehan WITNESS MY HAND AND OFFICIAL SEAL , LORI MOSCHET Mycommission expires: 10(391&011 NOTARY PUBLIC - STATE OF COLORADO 6,Â©06 4*40Ut My Commission Expires 10/29/201 1 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: 605 S. ASPEN ALPS ROAD - VESTED RIGHTS EXTENSION NOTICE IS HEREBY GIVEN that a public hearing will be held on Monday, July 11, 2011, at a meeting to begin at 5:00 p.m. before the Aspen City Council, City Council Chambers, City Hall, 130 S. Galena St., Aspen, to consider an application submitted by South Alps Road, LLC 604 W. Main Street, Aspen, CO 81611. The Applicant requests an extension until June 22, 2014 of their vested rights to develop the site with their approved single family residence. The property is legally described as Lot 1, Moses lot split and commonly known as 605 S. Aspen Alps Road (while some earlier records refer to this property as 800 S. Aspen Alps Road).For further information, contact Jennifer Phelan at the City of Aspen Community Development Department, 130 S. Galena St., Aspen, CO, (970) 429-5090, jennifer.phelan@ci.aspen.co.us. s/ Michael C. Ireland, Mayor Aspen City Council Published in the Aspen Times on June 26, 2011 City of Aspen Account ASPEN ALPS 123 LLC ASPEN ALPS CONDO ASSOC ASPEN SKIING COMPANY LLC 22 ALICE LN PO BOX 1128 DRAWER G-2 ASPEN, CO81611 ASPEN, CO81612 SNOWMASS VILLAGE, CO81615 ASPEN VALLEY LAND TRUST AUHLL 2010 TRUST BAECHLE JAMES & CHRISTINE PO BOX 940 546 MIRAMONTE DR 156 HORSESHOE RD ASPEN, CO81612 SANTA BARBARA, CA93101 MILL NECK, NY11765 CITY OF ASPEN BORNEFELD BRUCE K 1/3 INT CABANISS WILLIAM J QUAL RES TRUST ATTN FINANCE DEPT 2752 LA STRANDA GRANDE HTS 3812 FOREST GLEN DR 130 S GALENA ST COLORADO SPRINGS, CO80906 BIRMINGHAM, AL35213 ASPEN, CO81611 DILLARD WILLIAM T 11 & MARY A FIGI J TODD REV TRUST GARTEN HERBERT & SUSAN F C/O DILLARD DEPT STORES INC C/O JT FIGI ENTERPRISES 36 S CHARLES ST STE 2300 PO BOX 486 PO BOX 1668 BALTIMORE, MD212013177 LITTLE ROCK, AR72203-0486 LA JOLLA, CA92038 GELFAND MICHAEL D ET AL 50% GELFAND BEVERLY QPRT 50% GRAYSON GERALD JUDIN DEBORAH G & SILVERMAN TEDDI 9431 SUNSET BLVD 10147 BLUFFMONT LN G BEVERLY HILLS, CA90210 LONE TREE, CO80124 PO BOX 9262 RANCHO SANTA FE, CA92067 GRIEF IRVIN JR & NANETTE GURTLER ROBERT & JODY HALGLENN CORP 36 S CHARLES ST 2192 WAGON TRAIL RD 4400 BISCAYNE BLVD #950 2300 CHARLES CENTER S WHITE HEATH, IL61884 MIAMI, FL33137-3212 BALTIMORE, MD21201 HARRIS JOHN B GST TRUST 50% HARTMAN DOYLE & MARGARET HURT FAMILY LP HARRIS LUCY A GST TRUST 50% PO BOX 10426 1060 AVONDALE RD 31 MARJORY LN MIDLAND, TX79702 SAN MARINO, CA91108 SCARSDALE, NY10583 ISAAC JENNIFER F REV TRUST JACOBS HARLAN & DEBRA TRUST KAPLAN JEROME A PO BOX 1300 8040 N LA JOLLA SCENIC DR 6001 MONTROSE RD STE 403 SONOITA, AZ85637-1300 LA JOLLA, CA92037 ROCKVILLE, MD20852 LNR LLC KENNER PATRICIA MARTIN HARRY M 1/6 C/O AMERICA DEV & INVEST LTD 720 PARK AVE 2752 LA STRANDA GRANDE HTS 14881 QUORUM DR #200 NEW YORK, NY10021 COLORADO SPRINGS, CO80906 DALLAS, TX75254 MARTIN MARIANNE 1/6 INT MCCLUSKEY DARLENE M MMR ASPEN RESIDENCE TRUST 2752 LA STRADA GRANDE HTS TWO COVENTRY CT 1225 WESTMOOR RD COLORADO SPRINGS, CO80906 PRAIRIE VILLAGE, KS66208 WINNETKA, IL60093 MORRIS DIANE L TRUST MORTON JENNY S NAZCA LLC C/O BROWN SUSAN BOEING 8 PELHAM CRESENT 275 TRADEWIND DR 2550 SCOTT ST LONDON SW7 2NP UK, PALM BEACH, FL33480 SAN FRANCISCO, CA94115 PORTER ROBERT A & CHARLYNN OTTO GERDAU CO PITKIN COUNTY MAXWELL 80 WALL ST #314 530 E MAIN ST #302 611 PARKWAY STE F-13 NEW YORK, NY10005 ASPEN, CO81611 GATLINBURG, TN37738 QD FORECASTLE LLC PRESNALL BETTY 1/3 INT RIDDELL BRALEY LLC QUARTERDECK HOLDING LLC 2752 LA STRANDA GRANDE HTS 2900 WESLAYAN RD STE 500 ONE NORTHFIELD PLAZA # 530 COLORADO SPRINGS, CO80906 HOUSTON, TX77027 NORTHFIELD, IL600931216 ROTH WALTER TRUSTEE SCHAFFER REALTY HOLDINGS 11 LLC SCHRAMM SCOTT C & DENISE M C/O D ANCONA & PFLAUM C/O LESLIE SCHAFFER 150 NASSAU ST #20C 111 E WACKER DR STE 2800 161 E CHICAGO AVE #36E NEW YORK, NY10038 CHICAGO, IL60601 CHICAGO, IL60611 SEIDMAN DOV LIVING TRUST STEEL ROBERT & GILLIAN TAGUE PETER & CHERYL 320 WEST 78TH ST 71 MAYFAIR LN 7 PARK AVE TER NEW YORK, NY10024 GREENWICH, CT06831 BRONXVILLE, NY10708 WELLS RICHARD A & SUSAN T WILSON MICHAEL WINTER RUTH F TRUSTEE 970 POWDER LN 8 ELM ST 175 E DELAWARE PL APT 8404 ASPEN, CO81611-2105 MARBLEHEAD, MA01945 CHICAGO, IL60616 ZEFF RICHARD L TRUST 14 EVERGREEN WAY STRATHAM, NH03885 â‚¬ 1 'lf = -Fi! 2 -(te>~ 3 1 PUBLIC NOTICE ,;12 -'1 -- -Al 11 DATE jul.N \\, 10# t TIME 500 PM .g 1 r 1 -1 1 1 -1. - -1 -* 1 4 1 1 PLACE 130 % GAI F NA ST _.__ Eddll*L-- , -4 PURPOSE_EIIÂ£,11&1QW_QL-....~ 1 - '' VESTED R\GUTS Feal.QI-1.,EQSE.5 r- 'L 441 11- -' I -- 9 v. . -'-DIL-.5.2.\.YI.ZIQ...-REP1.~AC,5=,-~~~Â£---_...._ ~1:,7 4-, 1 - 1*15I1BL.MillE,MCL_ ........---- il.*Rr,4 r--. 1 THE APPL\CANT 16 SQUIB._8621-R'- * i - f MADUL, 609 W MAIN ST ----04~ -44 . - 1---'.t-" ' ASPE.N %1611 1 4 1 ,1.-- 1! 1 1 , 1,4 ..111 41 CON.ACT 1 1119 â€¢'1â€¢111,1, OR/Altrm'Ir AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: Gor- S. Al> v -Arp U , Aspen, CO SCHEDULED PUBIJE HEARING DATE: GO \' â‚¬ 0 : 60 fy~ Mevdz) ,10 11- STATE OF COLORADO ) ) SS. County of Pitkin ) I. (name, please print) Elf-/5. 31Â»-0 being or rÂ«resenting 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: b~~Publication of notice. By the publication in the legal notice section of an official L 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 fifteenÂ·(134 days prior to the public hearing and was continuously visible from the day of , 20 , to and including the date and time of the public hearing. A photograph Of the posted notice (sign) is attached hereto. Mailing of notice. By the mailing of a notice obtained from the Community Development Department, which contains the information described in Section 26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to the public hearing, notice was hand delivered or mailed by first class postage prepaid U.S. mail to all owners of property within three hundred (300) feet of the property subject to the development application. The names and addresses of property owners shall be those on the current tax records of Pitkin County as they appeared no more than sixty (60) days prior to the date o f the public hearing. A copy ofthe owners and governmental agencies so noticed is attached hereto. (Continued on next page) Rezoning or text amendment: Whenever the official zoning district map is in any way to be changed or amended incidental to or as part of a general revision of this Title, or whenever the text of this Title is to be amended, whether such revision be made by repeal of 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 of owners of real property in the area of the proposed change shall be waived. However, the proposed zoning map shall be available for public inspection in the planning agency during all business hours for fifteen (15) days prior to the public hearing on such amendments. c52/ 1Â»--i-y Signature The foregoing "Affidavit ofNotice" was agknowledged before me this 2 7 day of - , 2011, by 04-VlF=Â»eÂ·An EL--ch.-=L,7 PUQUC NOTICE RE: 605 S. AV/EN ALPS-ROAD - VESTED JKIWESS MY HAND AND OFFICIAL SEAL RIGHTS EXTENSION NOTICE IS HERâ‚¬BY GIVEN that a public hearing ...... Unyl will be held of Monday, July 11, 2011, at a 9 12 .9)kc~ 3 meeting to bed/n at 5:00 p.m. before the Aspen I 51*,1.~ES*Xes. City Council, City Council Chambers. City Hall, 130 S. Galena St. Aspen, to consider an application submitted by South Alps Road, LLC I 604 W. Main Street. Aspen, CO 81611.The 0 Applicant requests an extension until June 22, â€¢ A *vt, L = kle< 46Â·7 2014 of their vested rights to develop the site with their approved single family residence. The property is legally described as Lot 1, Moses lot (P:... A .C, ..10 1 Notary Pusli rf split and commonly known as 605 S. Aspen Alps Road (while some earlier records refer to this property as 800 S. Aspen Alps Road).For further information, contact Jennifer Phelan at the City of Aspen Community Development Department, 130 c OF couu S. Galena St., Aspen, CO, (970) 429-5090, lennitnU#]Wan@gianncous. sj Michael_Cke*Ad. Mavor Aspen City Council My Commission Expires 09/25/2013 ' Published in the Aspen Times Weekly on June 26, ATTACHMENTS AS APPLICABLE: ' 2011, [6675579] E PUBLICATION ?H OF THE POSTED NOTICE (SIGN) * LIST OF THE OWNERS AND GOVERNMENT AGENGIES NOTIED BY MAIL * APPLICANT CERTICICATION OF MINERAL ESTATE OWNERS NOTICE AS REQUIRED BY C.R.S. Â§24-65.5-103.3 ViI i CP189 MEMORANDUM TO: Mayor Ireland and Aspen City Council THRU: Chris Bendon, Community Development Director NAM FROM: Jennifer Phelan, Community Development Deputy Directorl~~~ RE: Reinstatement of Vested Rights -Resolution -i~.Series 2011 - Public Hearing MEETING DATE: July 11, 2011 APPLICANT /OWNER: SUMMARY: ~ South Alps Road, LLC The Applicant requests a reinstatement of their vested rights with a 3 year extension to June 22, 2014 with regard to the REPRESENTATIVE: existing approval. Alan Richman, Alan Riehman i.a-'*4,1.FtÂ¥:1 Planning Services . ..3421*. 9.4444 . . 1 1-1, LOCATION: .. 4* .Â·- t -*4' ~ 4*~7/ 6 . flt* 605 S. Aspen Alps Road Â· 19 . S.. i. 4 . r f .<Ek CURRENT ZONING & APPROVED USE * . .1 4 '. ' lier k) 7.-TBAâ‚¬â€¢ .2--- 4 Moderate Density Residential * '/ , / Â·,A 1 3 2*N}~22-1 with a PUD Overlay 442:'P . Aspen it '*.' I 4 412 -Jfga (R-15/PUD), approved for one :,4,4 -1,2 3 N L i , 44Â· : 0 Alps .4 19'RE.Â·f Â· 1 4 re:-W: Awl (1) single family residence. ..40{4 a 1 - le, \463:01 2., 9 6 AP Â·- 061 Â·E.trÂ·, - RECOMMENDATION: **A.3 3, ' Flrn' 9. 7 8 XY 4 4/* Staff recommends approval of Wil*. :~* ' lik , I ' 1* r , ,<44.,en' â€¢ \S<ht 4 1- 4 . 42": 1. 11 the request. .2, - 9. / 7 1= ~ .e. r Subject r :- f property " ,* ,.. Figure 1: Vicinity map LAND USE REQUESTS AND REVIEW PROCEDURES: The Applicant is requesting the following land use approval: â€¢ Reinstatement of Vested Rights to extend the vested rights o f the approved proj ect to June 22, 2014, pursuant to Land Use Code Section 26.308.010 C., Extension or Reinstatement of Vested Rights. (City Council is final review authority who may approve or deny the proposal). P190 PROJECT SUMMARY: The Applicant has requested a reinstatement of their vested rights for the project approved by 1 Planning and Zoning Commission Resolution No. 19, Series 2008, which allows the applicant to develop the site with a single family residence. The resolution granted an 8040 Greenline Review and vested the approval for three years until June 22, 2011. The property was recently sold to South Alps Road, LLC at the beginning of June. According to Section 26.304.070 (D), Expiration of development order, the development order "shall not expire but shall be subject to any amendments to the land use code, that have been adopted since the development was approved, after the period of vested rights has expired." The vested rights period expired on June 22, 2011; however the development order (the 8040 Greenline Review approval) is still valid subject to any changes in the land use code since the original approval. No changes have occurred to the underlying zoning of the property or the 8040 Greenline review criteria since the approval in 2008. The applicant would like to reinstate the vested rights for approximately 3 years. A number of extensions have been granted by the City Council for other entitled projects. Following is a table showing the number of years projects have been extended. Table: 1 Projects with extended vested rights Resolution Address/project Type of project Number of years name extended Resolution No. 16 920 W. Hallam St. SFR 3 (Series of 2009) C Resolution No. 22B Lot 1, Boomerang - SFR 5 (Series of 2009) Subdivision Resolution No. 37 ~ Hannah Dustin Mixed Use 2 (Series of 2009) Building Resolution No. 42 Jerome Professional Mixed Use 4 (Series of 2009) Building Resolution No. 58 Boomerang Lodge 3 (Series of 2009) Resolution No. 96 South Aspen Street Multi-Family 2 (Series of 2009) Resolution No. 17 Jewish Community Essential Public (Series of 2010) Center Facility Resolution No. 78 Dancing Bear Lodge (Series of 2010) (Charthouse) Resolution No. 88 507 Gillespie St. SFR (Series of 2010) Resolution No. 92 604 W. Main St. Mixed Use 3 (Series of 2010) Resolution No. Aspen Club Fractional 5 (Series of 2010) Lodge Resolution No. 15 110 E. Bleeker St. SFR 3 (Series of 2011) c 015 en en P192 RESOLUTION NO. 41- (Series of 2011) A RESOLUTION OF THE ASPEN CITY COUNCIL APPROVING A REINSTATEMENT OF THE VESTED RIGHTS GRANTED BY RESOLUTION NO. 19, SERIES OF 2008 FOR THE PROPERTY DESCRIBED AS LOT 1, MOSES LOT SPLIT, COMMONLY DESCRIBED AS 605 S. ASPEN ALPS ROAD (FORMERLY KNOWN AS 800 S. ASPEN ALPS ROAD), CITY OF ASPEN, PITKIN COUNTY, COLORADO. Parcel No. 273718256003 WHEREAS, the Community Development Department received an application from Alan Richman Planning Services representing South Alps Road, LLC, requesting approval of a reinstatement of the vested rights granted for the subject property pursuant to Resolution No. 19, Series of 2008; and, WHEREAS, the Planning and Zoning Commission adopted Resolution No. 19 (Series of 2008), which approved an 8040 Greenline review to develop a single family residence; and ' WHEREAS, the applicant' s vesting period expired on June 22,2011; and WHEREAS, pursuant to Section 26.308.010 Vested Property Rights of the Land Use Code, City Council may grant an extension or reinstatement of vested rights after a public hearing is held and a resolution is adopted; and, WHEREAS, the Community Development Director has reviewed the application and recommended approval of an reinstatement of vested rights for a period of approximately 3 years until June 22,2014; and, WHEREAS, the Aspen City Council has reviewed and considered the request under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered the recommendation of the Community Development Director, and has taken and considered public comment at a public hearing; and, WHEREAS, the City Council finds that the extension of vested rights proposal meets or exceeds all applicable land use standards and that the approval of the extension of vested rights proposal, with conditions, is consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS, the City Council finds that this Resolution furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ASPEN, COLORADO, THAT: Resolution No.__, Series of 2011 Page 1 of 2 P191 STAFF COMMENTS: VESTED RIGHTS EXTENSION OR REINSTATEMENT: The Applicant is requesting an reinstatement of their vested rights until June 22, 2014, pursuant to Section 26.308.010 (C) Extension or Reinstatement of Vested Rights, of the City's Land Use Code. The review criteria are addressed in Exhibit A. staff Comment: The Applicant is requesting the reinstatement of their vested rights because of the recent transfer of ownership of the property. The new owner is stating that some time is needed to complete any pre-submission work for a building permit. Due to the economic climate and transfer of ownership stajfsupports the request. RECOMMENDATION: Staff recommends that the City Council approve the requested reinstatement of vested property rights for 3 year period with an expiration date of June 22, 2014. RECOMMENDED MOTION (ALL MOTIONS ARE PROPOSED IN THE AFFIRMATIVE): "I move to approve Resolution No. HySeries of 20115 approving a reinstatement ofvested property rights for 604 S. Alps Road as was approved by Resolution No. 19, Series of 2008. rhe new expiration date shall be June 22,2014." CITY MANAGER'S COMMENTS: ATTACHMENTS: EXHIBIT A - Review Criteria and Staff Findings EXHIBIT B - Application P193 Section 1: The Aspen City Council does hereby approve a reinstatement of vested rights as approved by resolution No. 19, Series of 2008 for a three year period through June 22, 2014, conditioned on the following: A. That the establishment herein of a vested property right shall not preclude the application of regulations which are general in nature and are applicable to all property subject to land use regulation by the City of Aspen including, but not limited to, building, fire, plumbing, electrical, and mechanical codes, and all adopted impact fees that are in effect at the time of building permit, unless an exemption is granted in writing. Section 2: All material representations and commitments made by the applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the City Council, are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Section 3: This Resolution shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 4: If any section, subsection, sentence, clause, phrase, or portion of this Resolution is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. Section 5: A duly noticed public hearing on this Resolution was held on the 11 th day of July, 2011 at 5:00 PM in the City Council Chambers, Aspen City Hall, Aspen, Colorado, FINALLY, adopted, passed, and approved by a three to one (_-_0 vote on this 1 lth day of July, 2011. Approved as to form: Approved as to content: Jim True, Special Counsel Michael C. Ireland, Mayor Attest: Kathryn S. Koch, City Clerk Resolution No. , Series of2011 Page 2 0 f 2 P194 Exhibit A EXTENSION OR REINSTATEMENT OF VESTED RIGHTS REVIEW CRITERIA & STAFF FINDINGS Section 26.308.010.C., Extension or Reinstatement of Vested Rights, of the City Land Use Code provides that development applications for an extension of vested rights may be approved in accordance with the following standards and requirements. 1. In reviewing a request for the extension or reinstatement of vested rights the City Council shall consider, but not limited to, the following criteria: a. The applicant's compliance with any conditions requiring performance prior to the date of application for extension or reinstatement; Staff Finding The Applicant is required to submit a number of studies with the building permit application. Additionally, prior to building permit submission an engineering assessment of S, Aspen Alps Road needs to be undertaken to determine load bearing capability. Neither requirement is required to be performed prior to the vested rights request. Staff finds this criterion to be met. b. The progress made in pursuing the project to date including the effort to obtain any other permits, including a building permit, and the expenditures made by the applicant in pursuing the project; Staff Finding. According to the Applicant the previous owners began working on conditions of the apptoval to submit a building permit such as a geotechnical evaluation when the economic downturn occurred and lack of credit availability made it difficult to move forward on the project. Stafffinds this criterion to be met, c. The nature and extent of any benefits already received by the city as a result of - the project approval such as impact fees or land dedications; Staff Finding. No impact fees or dedications have been paid to the city; however, processing oft}le 8040 Greenline land use review resulted in the city collecting approximately $1,400.00 in development related expenditures. Staffinds this criterion to be met. d. The needs of the city and the applicant that would be served by the approval of the extension or reinstatement request. Staff Finding: Staff believes that the proposed extension of vested rights would benefit the City by permitting the Applicant to fnalize the development of a residence that went through a public hearing process where neighbors discussed concerns and conditions were required. Stafffinds this criterion to be met E-7Â£41 AT- ~4 9 5 Ate* Rw,44 PÂ¢944%64* Set#teed 861,3613 As.ke*. (Edaa,6 lg1612 07>464,819ax (970)920-1125 t:an,NAD'tr,@dÂ«,8.bed June 13, 2011 Ms. Jennifer Phelan, Deputy Planning Director City of Aspen Community Development Department 130 South Galena Street Aspen, Colorado 81611 RE: EXTENSION OF VESTED RIGHTS FOR LOT 1, MOSES LOT SPLIT Dear Jennifer, This is an application to extend the vested rights granted to Lot 1, Moses Lot Split. The street address of the property is 605 S. Aspen Alps Road (note: some earlier City records refer to this property as 800 S. Aspen Alps Road). The property's Parcel ID# is 273718256003. The Development Order for Lot 1 was issued on June 22,2008 (see Exhibit #1) and established a three year period of vested rights for re-development of the property with a new residence. The land use approval on which the Development Order is based is Aspen Planning and Zoning Commission Resolution No. 19, Series of 2008, which granted 8040 Greenline Review approval (see Exhibit #2). The applicant for the original project was Gerald Grayson, the then owner of the property. Mr. Grayson sold the property to South Alps Road LLC, the current owner of Lot 1, on June 6, 2011. South Alps Road LLC is the applicant for this extension (see Exhibit #3, the Warranty Deed). Authorization for Alan Richman Planning Services to represent the applicant is provided in Exhibit #4. According to the Pre-Application Summary Form the staff provided to us (see Exhibit #5), Section 26.308.010 C. of the Land Use Code authorizes the Aspen City Council to approve an extension of vested rights. The applicant hereby requests a three (3) year extension of the vested rights for this project, to June 22, 2014. This request is being submitted prior to the date of expiration of the vested rights and is essential to provide the new owner of the property the time to move forward with the approved development. A brief description of the prior approvals granted to this property is provided below. P196 Ms. Jennifer Phelan June 13, 2011 Page Two Background This property has been through several land use review procedures over the last 20+ years. Following is a summary of those procedures. 1. In 1987 Gaard Moses submitted an application to the City to rezone his 1 acre property and split it into two lots. At the time the property was zoned Conservation, a zone district with a 10 acre minimum lot size. The property was improved with two legal dwelling units and several other dwellings which the City concluded were illegal. The City Council adopted Ordinance 6, Series of 1987, which rezoned the property from Conservation to R-15 PUD, and approved a lot split that created two conforming-sized lots, Lot 1 was approved to be 0.602 acres (approximately 26,200 sq. ft.) while Lot 2 was , approved to be 0.398 acres (approximately 17,340 sq. ft.). Development of each lot was limited to a single family residence with a floor area not to exceed 3,800 sq. ft. The plat ~ for the Moses Lot Split was subsequently recorded in Plat Book 19 at Page 83 of the Pitkin County Records 2. In 1989 Moses replaced the existing structures on Lot 1 with a new single-family residence containing approximately 3,800 sq. ft. That residence remains as the principal improvement on Lot 1 today. 3, In 2008 Gerald Grayson submitted an application for 8040 Review to replace the existing residence with a new residence, not to exceed 3,800 sq. ft. of floor area. The application was approved by the Aspen Planning and Zoning Commission pursuant to Resolution 19, Series of 2008. The resolution also granted a three year vested right for that approval. 4. In conjunction with the 8040 application, the applicant also submitted a site plan application to Pitkin County. The reason for the site plan application was that part of this property (the upper section) is located beyond the City limits, in unincorporated Pitkin County, and a small portion (approximately 220 sq. ft.) of the excavation at the rear of the residence crossed that boundary. The Pitkin County Community Development Director approved the application pursuant to Administrative Determination 112-2008. The three year vested right associated with that approval expires on November 26, 2011. Responses to Standards of Land Use Code Section 26.308.010 C. 1 of the Land Use Code provides the standards for City Council to consider in reviewing a request for the extension of vested rights. The applicant's responses to these standards are as follows: P197 Ms. Jennifer Phelan June 13, 2011 Page Three a. The applicant's compliance with any conditions requiring performance prior to the date of application for extension or reinstatement. Response: A review of the P&Z resolution indicates that all of the conditions applied to the project are to be resolved with the submission of plans to obtain a building permit, There are no plats that needed to be recorded or dedications that needed to be.made that should have been accomplished prior to the submission of this extension request. b. The progress made in pursuing the project to date including the effort to obtain any other permits, including a building permit, and the expenditures made by the applicant in pursuing the project. Response: Immediately following the approval of the 8040 Greenline Review on June 8, 2008, the prior owner of the property initiated a series of studies intended to comply with the conditions of approval so a complete building permit application could be submitted. Following is a brief summary of the work that was accomplished: * CGA Partners (an out-of-state architectural firm with an office in Aspen) were engaged to prepare a conceptual design for a new house. Yeh and Associates (Glenwood Springs) completed a debris flow/rockfall hazard evaluation in late June, 2008. Yeh also issued a geotechnical investigation, including soil borings and recommendations for foundation design, in July, 2008, * Pinnacle Design Consulting Group (Carbondale) prepared a drainage and erosion control plan based on the conceptual house design in July, 2008. Altus Environmental (Boulder) completed a Phase I and Limited Phase 11 environmental site assessment, including soil sampling for mine wastes, in July, 2008. CTL Thompson (Glenwood Springs) prepared a mine subsidence potential investigation in August, 2008. The applicant has received copies of all of these reports which can be submitted to the record if the City so requests. Just as these studies were being completed the economy in Aspen and throughout the Country began to stall. The banking and financial systems went into free fall during the fail of 2008, leading b what we now refer to as the Great Recession of 2009-2010, The resulting lack of credit ria:.1 1 diflourt for this project to proceed, as was the case with many other projects. It is only now, as a result of the recent purchase of this property by the applicant, that progress can be made in building the approved development, P198 Ms. Jennifer Phelan June 13, 2011 Page Four c. The nature and extent of any benefits already received by the city as a result of the project approval such as impact fees and land dedications. Response: Because the prior development approval only contemplated the replacement of an existing residence with a new residence of similar size, the resolution of approval did not impose any exactions on the property or require that any special concessions be made. Impact fee payments have not yet been made for this project. All applicable fees will be paid at the time a building permit is issued for the project. d. The needs of the city and the applicant that would be served by the approval of the ' extension or reinstatement request. Response: The applicant just closed on the purchase of this property earlier this month. , The applicant is prepared to move forward with the development of this project, but has not had the time to fully evaluate the approved plans and to work with an architect and ~ contractor to ready this project for building permit submission. An extension of the vested rights will give the applicant the time needed to complete this work and initiate the construction process. The extension is justified due to the extenuating economic circumstances of the last several years (both locally and nationally) that could not be anticipated when this project was first being reviewed and approved by the City. This application went through a lengthy and comprehensive review process by both the City and the County in 2008. Public hearings were held, input was provided and the project was ultimately approved by both jurisdictions. Since the approval was granted there have not been changes in the City regulations that would result in a different outcome for this project. So there would be no purpose served by denying this request and having the applicant re-apply for 8040 Greenline Review, which would waste valuable staff time that could better be used addressing community planning priorities. Conclusion The applicant looks forward to the staff review of this request and its consideration by the Aspen City Council. Please do not hesitate to contact us if you have any questions regarding this matter. Very truly yours, ALAN RICHMAN PLANNING SERVICES Alan Richman, AICP P199 EXHIBITS P200 EXHIBIT #1 DEVELOPMENT ORDER of the City of Aspen Community Development Department This Development Order, hereinafter "Order", is hereby issued pursuant to Section 26.304.070, "Development Orders", and Section 26.308.010, "Vested Property Rights", ofthe City of Aspen Municipal Code. This Order allows development of a site specific development plan pursuant to the provisions of the land use approvals, described herein. The effective date of this Order shall also be the initiation date of a three-year vested property right. The vested property right shall expire on the day after the third anniversary of the effective date of this Order, unless a building permit is approved pursuant to Section 26.304.075, or unless an exemption,, extension, reinstatement, or a revocation is issued by City Council pursuant to Section 26.308.010. After Expiration of vested property rights, this Order shall remain in full force and effect, excluding any growth management allotments granted pursuant to Section 26.470, but shall be subject to , any amendments to the Land Use Code adopted since the effective date of this Order, This Development Order is associated with the property noted below for the site specific development plan as described below. Gerald Grayson. 10147 Bluffinont Lane, Lone Tree, Colorado, 80124 Property Owner's Name, Mailing Address and telephone number Moses Split. Lot 1. Aspen, Colorado, more commonly known as 800 Aspen Alps Road Legal Description and Street Address of Subject Property The Applicant received approval to constuct a new single family dwelling located in an environmentallv sensitive area under 8040 Greenline Review subiect to the approved conditions. See attached site plan, Written Description of the Site Specific Plan and/or Attachment Describing Plan Grant of a an approval of an 8040 Greenline Review bv the Planning and Zoning Commission and associated approvals via Resolution No. 019, Series of 2008, June 3rd, 2008. Land Use Approval(s) Received and Dates (Attach Final Ordinances or Resolutions) June 22.2008 Effective Date of Development Order (Same as date of publication of notice of approval.) June 22,2011 Expiration Date of Development Order (The extension, reinstatement, exemption from expiration and revocation may be pursued in accordance with Section 26.308.010 ofthe City ofAspen Municipal Code.) Issued thia 27th day of June, 2008, by the City of Aspen Community Development Chrisliendon, Community Development Director P201 EXHIBIT #2 AMENDED RESOLUTION NO. 19 (SERIES OF 2008) A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING COMMISSION APPROVING AN 8040 GREENLINE REVIEW FOR A SINGLE- FAMILY RESIDENCE ON LOT 1, MOSES LOT SPLIT, CITY OF ASPEN, PITKIN COUNTY, COLORADO, COMMONLY KNOWN AS 800 SOUTH ASPEN ALPS ROAD. Parcel No. 2737-182-56-003 WHEREAS, this resolution amends the reso]ution filed at reception no. 550520 by setting forth the actual resolution number and correcting typographical errors within the original resolution, including the resolution no. cited in Section 2 and correcting the approval date of the resolution; and, WHEREAS, the Community Development Department received an application from Gerald Grayson, represented by Stan Clauson Associates, Inc., requesting approvaJ of an 8040 Greenline Review to construct a new single-family residence on Lot 1, Moses Lot Split; and, WHER-EAS, the subject property is approximately 0.6 acre and is located in the R- 15 (PUD) Zone District; and, WHEREAS, the proposed development is located at an elevation of approximately 8,056 - 8,130 feet above sea level and is subject to 8040 Greenline Review, pursuant to Land Use Code Section 26.435.020, Environmentatty Sensitive Areas; and, WHEREAS, the Planning and Zoning Commission may approve development at, or above, or within 150 feet below the 8040 Greenline in conformance with the review criteria established in Land Use Code Section 26.435,030(C), 8040 Greentine Review; and, WIIEREAS, the Community Development Department has reviewed the proposal and recommended that the Planning and Zoning Commission approve with conditions the 8040 Greenline Review; and, WHEREAS, during a duly noticed public hearing on June 3,2008, the Planning and Zoning Commission approved with conditions, by a3 -2 vote; the Lot 1, Moses Lot Split 8040 Greenline Review; and, WHEREAS, the Aspen Planning and Zoning Commission finds that the development proposalÂ·meets all applicable development standards and that the approval of the development proposal, with conditions, is consistent with -the goals and elements of the Aspen Area Community Plan; and, WHEREAS, the Aspen Planning and Zoning Commission fnds that this Resolution furthers and is necessary for the promotion ofpublic health, safety, and welfare, NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ASPEN ' PLANNING AND ZONING COMMISSION as follows: RECEPTION#: 571868, 07/08/2010 at 02:10:49 PM, 1 OF 6, R $36.00 Doc Code RESOLUTION Page 106 of 120 Janice K. Vos Caudill, Pitkin County, CO P202 Section 1 Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the Lot 1, Moses Lot Split 8040 Greenline Review to construct a new single-family residence on Lot 1, Moses Lot Split, is hereby approved with the following conditions: 1. The allowable floor area of the new single family home shall be no greater than 3,800 square feet. The maximum height shall be 25 feet. 2. No further development shall occur on Lot 1, Moses Lot Split outside of the building envelope approved by Resolution No. 019, Series of 2008. 3, All the required parking shall be provided on-site. There shall be no parking on Aspen Alps Road. 4. An approved tree permit from the Parks Department will be required before any demolition or significant property changes take plate. The tree permit must be ' approved prior to submission of the building permit. Mitigation for removals will be paid cash in lieu or adjacent to the site. Any excavation under the drip line permit will need to be approved along with the tree permit, 5. Prior to obtaining a building permit, tile applicant shall submit an engineering assessment of S. Alps Road, specifically regarding the load-bearing capability of the road in relation to, the use of heavy construction equipment and emergency Â· response apparatus, to be reviewed and accepted by the City Engineer. 6. The building permit application shall include the following: a) A copy of the final Planning and Zoning Commission Resolution. b) The conditions of approval printed on the cover page of the building permit set. c) An Excavation Stabilization Plan that will show the extent of the excavation, the location of constiction fences around the excavation, erosion control measures, spot elevations at the top and bottom of cuts, and site-specific construction drawings of the excavation and stabilization measures. The Excavation Stabilization Plan must be stamped by a Colorado Professional Engineer. For all excavation, the Contractor must comply with neighbor notification requirements stated in Section 3307 of the 2003 International Building Code, d) A Site Grading Plan stamped by a Colorado Professional Engineer, to ensure that the grading plan. agrees with tile drainage plan. Plans must demonstrate positive drainage away from structures as required by the Building Code (IRC -R401.3 and IBC - 1805.3.4), e) A Drainage and Erosion Control Plan and Report stamped by a Colorado Professional Engineer. On-site drainage is to be designed in accordance with the City of Aspen Engineering Design and Construction Standards. IBC Section 3307.1 requires that provisions be made to control erosion. The City requires a plan ths. 1Â·bows the ' Page 107 of 120 P203 location of erosion control measures, drainage patterns, and details of erosion control structures. The plan must include notes that describe how erosion control measures will be regularly maintained. The erosion control plan must show the location of mud racks, the location of water for washing tires and the retention of the wash water. f) A soils and foundation report, shall be reviewed and accepted by the City Engineer with the Building Permit. g) A detailed landscaping plan for approval by the City of Aspen Parks Department. The landscaping plan shall include but not be limited to, the following: A vegetation protection fence shall be erected at the drip line of each individual tree or groupings of trees remaining onsite. A formal plan indicating the location of the tree protection will be required for the building permit set No excavation, storage of materials, storage of construction backfill, storage of equipment, foot or vehicle traffic , allowed within the drip line of any tree remaining on site. This fence must be inspected by the city forester or his/her designee before any construction activities are to commence. Root trenching will be required around all trees with excavation ' next to and/or under the drip line. Specific excavation techniques will be required for the excavation along the back of the property. Vertical excavation will be required and over digging is prohibited in this zone. This note must be represented on the building permit set, A vegetation fence shall be installed along the edge of disturbance on the hillside. This protection fence must be maintained at all times; storage ofmaterials, project access, and construction foot traffic is prohibited beyond this fence. Restoration ofthe area along the fence line will be of native quality and approved by the Parks Department. Supplemental planting in the native area is prohibited unless first approved. Utility connections shall be designed on the plan in a manner that does not encroach into the tree protection zones. h) The building plans shall demonstmte an adequate fire suppression system approved by the Aspen Fire Marshal will be installed. A fire alarm system meeting the requirements of the Fire Marshal may also need to be installed at the discretion ofthe Aspen Fire Marshal. D A wildfire mitigation plan shall be submitted. This plan shall be accepted by the Fire Marshall, Page 108 of 120 P204 j) A completed tap permit for service with the Aspen Consolidated Sanitation District. k) A construction management plan that details the proposed , method and means by which the site will be accessed with excavation and grading equipment during construction. This plan shall also detail the proposed construction parking, which shall demonstrate that except for essential trade trucks, no other personal trucks are to be parked in the area around the site. The management of the Aspen Alps Condominium Association shall be consulted in the preparation of the Construction Management Plan. 1) A letter from the primary contractor to the Community Development Director stating that the conditions of approval have been read and understood. m) The Applicant shall abide by all noise ordinances. Construction activity is limited to the hours between 7 a.m. and 7 p.m, Monday through Saturday. 7. The applicant shall comply with all applicable city regulations addressing wood burning devices in the new residential unit 8, All uses and construction will comply with the City of Aspen Water System i Standards and with Title 25 and applicable portions - of Title 8 (Water Conservation and Plumbing Advisory Code) of the Aspen Municipal Code as they pertain to utilities. 9. All exterior lighting shall meet the City of Aspen Lighting Code requirements set forth in Land Use Code Section 26.575.150, as may be amended from time to 'time. Section 2: The development Â·approvals granted herein shall constitute a site-specific development plan vested for a period of three (3) years from the date of issuance of a development order. No later than fourteen (14) days following final approval of all requisite reviews necessary to obtain a development order as set forth in this resolution, the City Clerk shall cause to be published in a newspaper of general circulation within the jurisdictional boundaries of the City of Aspen, a notice advising the general public of the approval of a site specific development plan and creation of a vested propeity right pursuant to this Title. Such notice shall be substantially in the following form: Notice is hereby given to the general public of the approval of a site specific development plan, and the creation of a vested property right, pursuant to the Land Use Code of the City of Aspen and Title 24, Article 68, Colorado Revised Statutes, pertaining to the following described property: Lot 1, Moses Lot Split, Page 109 of 120 P205 by Resolution No. 19, Series of 2008, of the Aspen Planning and Zoning Commission. Section 3: All material representations and commitments made by the Applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the Planning and Zoning Commission, are hereby incorporated in such plan development approvals and the sams shall be complied with as if fully set forth herein, unless amended by an authorized entity. Section 4: This resolution shall not affect ally existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 5: If. any section, subsection, sentence, clause, phrase, or portion of this resolution is for any reason held invalid or unconstitutional ill a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. APPROVED BY the Planning and Zoning Commission of the City of Aspen on the 3rd day of June, 2008. APPROVED AS TO FORM: PLANNING AND ZONINGI ISSION: 0_2*FUL 11 61 9#3- 4- lim True, Assistant City Attorney >BfiRA Spegk,66*% Chair ATTEST: %444%40_+4 ~ckie Lothian! Deputy City Clerk Page 110 of 120 P206 EXHIBIT #3 WARRANTY DEED State Doc Fee: $655.00 THIS DEED is dated the Gth day of June, 2011, and is made between Gerald Grayson (whether one, or more than one), the "Grantof' of the County of -P ITIL, o and State of Colorado and South Alps Road LLC (whether one, or more than one), the "Grantee", whose legal address is c/o Millard Zimet, Manager, 604 West Main Street, Aspen, CO 81611 of the County of Pitkin and State of Colorado, WITNESS, that the Grantor, for and in consideration of the sum of Six Million Five Hundred Fifty Thousand Dollars and No Cents ( $6,550,000.00 ), the receipt and sufficiency of which is hereby acknowledged, hereby grants, bargains, sells, conveys and confirms unto the Grantee and the Grantee's heirs and assigns forever, all the real property, together with any improvements thereon, located in the County of Pitkin and State of Colorado described as follows: Lot 1, MOSES LOT SPLIT according to the plat recorded June 26, 1987 in Plat Book 19 at Page 83 as Reception No. 290474. COUNTY OF PITKIN: STATE OF COLORADO also known by street address as: 605 South Alps Road, Aspen, CO 81611 TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise appertaining, the reversions, remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the Grantor, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances; . TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the ' Grantees, and the Grantees' heirs and assigns forever. The Grantor, for the Grantor and the Grantor's heirs and assigns, does covenant grant, bargain, and agree to and with the Grantee, and the Grantee's heirs and assigns: that at the time of the ensealing and delivery of these presents, the Grantor is well seized of the premises above described; has good, sure, perfect, absolute and indefeasible estate of inheritance, in law, and in fee simple; and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form as aforesaid; and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature soever, l except and subject to: SEE ATTACHED EXHIBIT "A" And the Grantor shall and will WARRANT THE TITLE AND DEFEND the above described premises, but not any aojoining vacate# street or al/ey, if any, in the quiet and peaceable possession of the Grantees, and the heirs and assigns of the ~nt~2, against all and every person or persons lawfully claiming the whole or any part thereof, IN WITNEM WMEREOF, the Granlor has executed this deed on the date set forth above. p W / ~381- Gdra\8.CrA fn RECEPTION#: 580314,06/06/2011 at 12:01:51 PM, 1 OF 2, R $16.00 DF $655.00 Doc Code WD CStaid Af golorado CEuntbtf br* 24/ As Janice K Vos Caudill, Pitkin County, CO The. foregoing instrument was acknowledged before me this r:,7/vt> day of Z:li,Aft by Gerald Grayson. ..ilill'/If, //, y, bA. Jor ,t,,a Witness mv hand and official gmal 7 0.. : d~ - < 74 fir- ~ *c>tary '*:~1'~ Notary'Public: /r 6 r o E -.- j E My commission expires: U AuS r.:rryÂ»sf 9/, 0/e of 00.00 40,"00 4 4 .f ,.,9 ,â‚¬18'72N Orry OF Â»EN WEFEr EAD HMT-r PA,D DATE Fie Â»0 ... r.-M,/, i LA [i. C.7:*,2 NO. 40, Ok-lon 0%702 Lap-- Slewart Title File Number: 01330-1426 Page 1 of 2 TCF 932A WARRANTY DEED O 1650 - l42-(p P207 EXHIBIT "A" DEED EXCEPTIONS 1. Taxes and assessments for the year 2011 not yet due and payable. 2. The effect of inclusions in any general or specific water conservancy, fire protection, soil conservation or other district or inclusion in any water service or street improvement area. 3. Reservations and exceptions as contained in United States Patents recorded in Book ]36 at Page 173 and recorded in Book 175 at Page 213 as follows: "That the premises hereby granted, with the exception of the surface may be entered by the proprietor of any other vein or ledge, the top or apex of which lies outside of the boundary, should the same in its dip be found to penetrate, intersect or extend into said premises, for the purpose of extracting and removing the ore from such other vein, lode or ledge. 4. Right of the proprietor ofa vein or lode to extract and remove his ore therefrom, should the same be found to penetrate or intersect the premises hereby granted, and right of way thereon for ditches and canals constructed by the authority ofthe United States as reserved in United States Patents recorded Book 136 at Paee 173 and in Book 175 at Pa[Ie 299. 5, Reservation ofallthe minerals, mineral deposits, mineral oils and natural gases o f every kind and nature, together with the right o f ingress and egress for the purpose of mining, drilling and exploring said land for minerals as reserved in Deed recorded April 28,1961 in Book 193 at Page 595 as Reception No. 111295. 6. Statement of Exception from the Full Subdivision Process for the Purpose of Subdividing the Moses Property as set forth in instrument recorded June 26,1987 in Book 540 at Page 186 as Reception No. 290476. 7. Terms, conditions, provisions and obligations contained in the Restated Easement Agreement recorded September 3, 1992 in Book 687 at Page 915 as Reception No. 348321. 8. All matters shown on the plat of Moses Lot Split recorded June 26,1987 in Plat Book 19 at Paee 83 as Reception No. 290474. 9. Al] matters shown on the Little Nell Residence Site Plan Lot 1 Moses Lot Split recorded January 28,2009 in Book 90 at Page 34 as Reception No. 556039. 10. Easement Agreement by and between LNR, LLC and Gerald Grayson recorded August 7,2007 &2 Reception No. 540749, 11. Resolution by City Of Aspen Planning and Zoning recorded Julie 25,2008 as Reception No, 550520. 12, Administrative Decision by Community Development Pitkin County recorded December 9,2008 5 Reception No. 554912, 13. Amended Resolution recorded July 8, 2010 as Reception No. 571868 14, Any rights, easements, interests or claims which may exist by reason of or reflected by the following facts shown on the survey dated 5-4-11 by Pinnacle Design Consulting Group Inc.: encroachments of gravel drive, lawn fence, woven wire fence gate, gravel foot path, fdot bridge and wall onto adjoining property known as The Aspen Chance Subdivision; wall, conc. walk, steps, concrete drive saves, gravel drive sitting outside of building envelope; wood rail fence going onto adj Dining property to the north. Stewart Title File Number. 01330-1426 Page 2 of 2 TCF 932A WARRANTY DEED P208 - EXHIBIT #4 6- 4-t C Ms. Jennifer Phelan, Deputy Planning Director City of Aspen Community Development Department 130 South Galena Street Aspen, Colorado 81611 RE: LETTER OF AUTHORIZATION FOR LOT 1, MOSES LOT SPLIT Dear Jennifer, South Alps Road LLC is the owner of Lot 1 of the Moses Lot Split. As the owner's , authorized representative, I hereby authorize Alan Richman Planning Services to submit an application to extend the vested rights previously granted to this property. Mr. Richman is authorized to submit this land use application on our: behalf and to represent the owner in meetings with staff and the applicable decision-Â·making bodies. Sincerely, 1\10 1 Neil Karbank, Authorized Representative South Alps Road LLC EXHIBIT #5 P209 CITY OF ASPEN PRE-APPLICATION CONFERENCE SUMMARY PLANNER: Amy Guthrie, 429.2758 DATE: 6.7.2011 PROJECT: Lot 1, Moses Lot Split Vested Rights Extension. 800 S. Aspen Alps Road (since re- addressed to be 605 S. Aspen Alps Road) REPRESENTATIVE: Alan Richman, 920-1125 OWNER: South Alps Road LLC DESCRIPTION: The applicant would like to extend the vested rights that were originally granted as part of an 8040 Greenline review of proposed single-family home on Lot 1 of the Moses Lot Split. Approval was via P&Z Resolution #19, Series of 2008, passed on June 3,2008. Per the Development Order, Vested Rights expire on June 22, 2011. An application for extension of Vested Rights that is ~ submitted on or before that date will be scheduled for Council review. Relevant Land Use Code Section(s): 26.304 Common Development Review Procedures 26.308.010 C. Extension or Reinstatement of Vested Rights http://www.aspenpitkin.com/depts/38/citvcode.cfm Review By: Staff for complete application and recommendation. City Council for final decision, Public Hearing: Yes at City Council l lanning Fees: $1,470,00 Deposit for 6 hours of staff time. Additional staff time is billed at $245/ hour. Total Deposit: $1,470.00 Total Number of Application Copies: 10 Copies To apply, submit the following information m Proof of ownership with payment. U Signed fee agreement and deposit m 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, m Street address and legal description of the parcel on which development is proposed to occur, consisting of a current certificate from a title insurance company, or attorney licensed to practice in the State of Colorado, listing the names of all owners of the property, and all mortgages, judgments, liens, easements, contracts and agreements affecting the parcel, and demonstrating the owner's right to apply for the Development Application. Il 10_Copies ofthe complete application packet and maps. U An 8 1/2" by 11" vicinity map locating the parcel within the City of Aspen. 0 A written description of the proposal and r.i i :clion in written, graphic, or model form of how the proposed developrnent complies with the review standards relevant to the development appllcation. Please include existing conditions as well as proposed. List of adjacent property owners within 300' for pubk Ii,32.1-ing m Copies of prior approvals. Disclaimer: i-he foregoing summary is advisory in nature only and is not binding on the City. The summary is based on current zoning, wtuch is st-'Fect to change m the future, and upon factual representations that may or may not be accurate. The summary does not create a legal or vested rigiit. RECF'VED LAND USE APPLICATION JUN 16 2011 APPUCANT: CITY OP /3 1412FN COMMUNI 1 Â¥ DEVELO-Â·Â· 22%,n Name: 9 4 4 01 A\? 5 @opro LLC Location: 605 4. 45,4- Arle Â¢",0 .1 1-0,t , 044 9.5 64 161.1 (Indicate street address, lot & block number, legal description where appropriate) Parcel ID # (REQUIRED) 2137 (8 2 56 003 REPRESENTATIVE: Name: ALP.- (1&(L,-,- Q\A 0 - C) St#w L C Â£-5 Address: 20,4 361% Pâ€¢Di~ 57# c~ Phone #. 910 420 \(3-f PROJECT: Name: Â£014 4/01 0 2 0 e-544 R mUr J l,ek, \ UvLÂ© 3Â£5 G Â¥ <(l.-1~ Address: lOS 9.- A A~ re. Al f $ A A.7 Phone #: TYPE OF APPLICATION: (please check all that apply): U Conditional Use El Conceptual PUD U Conceptual Historic Devt, gl Special Review U Final PUD (& PUD Amendment) U Final Historic Development E Design Review Appeal U Conceptual SPA U Minor Historic Devt. U GMQS Allotment U Final SPA (& SPA Amendment) U Historic Demolition El GMQS Exemption ~ Subdivision U Historic Designation ~1 ESA-8040 Greenline, Stream C Subdivision Exemption (includes U Small Lodge Conversion/ Margin, Hallam Lake Bluff, condominiumization) Expansion Mountain View Plane U Lot Split Â£ Temporary Use E Other: U Lot Line Adjustment U TexUMap Amendment 9,4~--%&0. 0/Ve.;4+0 A,1*1 EXISTING CONDITIONS: (description of existing buildings, uses, previous approvals, etc.) Kee_ A*22 442#. PROPOSAL: (description of proposed buildings, uses, modifications, etc.) S<-L 444 ki l t {b- Have you attached the following? FEES DUE: $ 1 410 Ef Pre-Application Conference Summary [0 Attachment # 1, Signed Fee Agreement U Response to Attachment #3, Dimensional Requirements Form N /k ~1 Response to Attachment #4, Submittal Requirements- Including Written Responses to Review Standards RECEIVED CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT'JN 16 2011 Aercement for Pavment of Citv of Aspen Development Application Fees CITY OF A.SPENNT COMMUNITY DEVELOPME CITY OF ASPEN (hereinafter CITY) and South Alps Road LLC (hereinafter APPLICANT) AGREE AS FO[.LOWS: i. APPLICANT has submitted to CITY an application for Extension 01'Vested Rights (hereinafter, 1'111{ PROJECT). APPLICANT understands and agrees that tile City of Aspen has an adopted lee structure for Land Use applications and the payment of all processing fees is a condition precedent to a determination of application completeness. j. APPLICANT und CITY agree that because of the size. nature or scope of the proposed project, il 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 iii the interest of the parties that APPLICANT make payment of an initial deposit alid 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 benelited by retaining greater cash liquidity and will make additional payments upon notification b> tile 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, CHY and APPLICANT ftirther agree that it is impracticable for CITY staIT to complete processing or present sufficient informattion to the Historic Preservation Commission. Planning and Zoning Commission and/or City Council to enable the Historic Preservation Commission. Planning and Zoning Commission and/or City Council to make legally required findings for project consideration. unless current billings are paid in full prior to decision. 5. Therefore. APPLICANT agrees that in consideration of the CITY's waiver of its right to collect full fees prior to a determination of application completeness, APPLICANT shall pay an initial deposit in the amount of S 1,470 which is for 6 hours of Community Development staff time, and if actual recorded costs exceed the initial deposit, APPLICANT shall pa>Â· additional monthly billings to CiTY to reimburse the CITY for the processing ofthe application mentioned above. including post approval review at a rate of S]45.00 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 APPLICANr foUTM AL.f).1 11.40*10 LLC_ By: By: ~44~ - Chris Hendon A-Â£4+ 0- Community Development Director Date: (9-4-li Billing Address and Telephone Number: 604 West Main Street Aspen, CO 81611 97()-92()-2899 1 , ~14* ga40*a* 'Ataot*tint* Setui#ted. /Â«Â»Â« V 861 3613 Aamt. (346~46 9 1612 Putz/79% (970)920-1125 CAL/Lata.Â«AaÂ»61. Ket June 13, 2011 RECEIVED JUN 1 6 2011 Ms. Jennifer Phelan, Deputy Planning Director City of Aspen Community Development Department CITY OF P.SPEN 130 South Galena Street COMMUNITY DEVELOPMENT Aspen, Colorado 81611 RE: EXTENSION OF VESTED RIGHTS FOR LOT 1, MOSES LOT SPLIT Dear Jennifer, This is an application to extend the vested rights granted to Lot 1, Moses Lot Split. The street address of the property is 605 S. Aspen Alps Road (note: some earlier City records refer to this property as 800 S. Aspen Alps Road). The property's Parcel ID# is 273718256003. The Development Order for Lot 1 was issued on June 22, 2008 (see Exhibit #1) and established a three year period of vested rights for re-development of the property with a new residence. The land use approval on which the Development Order is based is Aspen Planning and Zoning Commission Resolution No. 19, Series of 2008, which granted 8040 Greenline Review approval (see Exhibit #2). The applicant for the original project was Gerald Grayson, the then owner of the property. Mr. Grayson sold the property to South Alps Road LLC, the current owner of Lot 1, on June 6, 2011. South Alps Road LLC is the applicant for this extension (see Exhibit #3, the Warranty Deed). Authorization for Alan Richman Planning Services to represent the applicant is provided in Exhibit #4. According to the Pre-Application Summary Form the staff provided to us (see Exhibit #5), Section 26.308.010 C. of the Land Use Code authorizes the Aspen City Council to approve an extension of vested rights. The applicant hereby requests a three (3) year extension of the vested rights for this project, to June 22, 2014. This request is being submitted prior to the date of expiration of the vested rights and is essential to provide the new owner of the property the time to move forward with the approved development. A brief description of the prior approvals granted to this property is provided below. Ms. Jennifer Phelan June 13, 2011 Page Two Background This property has been through several land use review procedures over the last 20+ years. Following is a summary of those procedures. 1. In 1987 Gaard Moses submitted an application to the City to rezone his 1 acre property and split it into two lots. At the time the property was zoned Conservation, a zone district with a 10 acre minimum lot size. The property was improved with two legal dwelling units and several other dwellings which the City concluded were illegal. The City Council adopted Ordinance 6, Series of 1987, which rezoned the property from Conservation to R-15 PUD, and approved a lot split that created two conforming-sized lots. Lot 1 was approved to be 0.602 acres (approximately 26,200 sq. ft.) while Lot 2 was approved to be 0.398 acres (approximately 17,340 sq. ft.). Development of each lot was limited to a single family residence with a floor area not to exceed 3,800 sq. ft. The plat for the Moses Lot Split was subsequently recorded in Plat Book 19 at Page 83 of the Pitkin County Records 2. In 1989 Moses replaced the existing structures on Lot 1 with a new single-family residence containing approximately 3,800 sq. ft. That residence remains as the principal improvement on Lot 1 today. 3. In 2008 Gerald Grayson submitted an application for 8040 Review to replace the existing residence with a new residence, not to exceed 3,800 sq. ft. of floor area. The application was approved by the Aspen Planning and Zoning Commission pursuant to Resolution 19, Series of 2008. The resolution also granted a three year vested right for that approval. 4. In conjunction with the 8040 application, the applicant also submitted a site plan application to Pitkin County. The reason for the site plan application was that part of this property (the upper section) is located beyond the City limits, in unincorporated Pitkin County, and a small portion (approximately 220 sq. ft.) of the excavation at the rear of the residence crossed that boundary. The Pitkin County Community Development Director approved the application pursuant to Administrative Determination 112-2008. The three year vested right associated with that approval expires on November 26, 2011. Responses to Standards of Land Use Code Section 26.308.010 C.1 of the Land Use Code provides the standards for City Council to consider in reviewing a request for the extension of vested rights. The applicant's responses to these standards are as follows: Ms. Jennifer Phelan June 13, 2011 Page Three a. The applicant's compliance with any conditions requiring performance prior to the date of application for extension or reinstatement. Response: A review of the P&Z resolution indicates that all of the conditions applied to the project are to be resolved with the submission of plans to obtain a building permit. There are no plats that needed to be recorded or dedications that needed to be made that should have been accomplished prior to the submission of this extension request. b. The progress made in pursuing the project to date including the effort to obtain any other permits, including a building permit, and the expenditures made by the applicant in pursuing the project. Response: Immediately following the approval of the 8040 Greenline Review on June 8, 2008, the prior owner of the property initiated a series of studies intended to comply with the conditions of approval so a complete building permit application could be submitted. Following is a brief summary of the work that was accomplished: * CGA Partners (an out-of-state architectural firm with an office in Aspen) were engaged to prepare a conceptual design for a new house. Yeh and Associates (Glenwood Springs) completed a debris flow/rockfall hazard evaluation in late June, 2008. Yeh also issued a geotechnical investigation, including soil borings and recommendations for foundation design, in July, 2008. Pinnacle Design Consulting Group (Carbondale) prepared a drainage and erosion control plan based on the conceptual house design in July, 2008. Altus Environmental (Boulder) completed a Phase I and Limited Phase 11 environmental site assessment, including soil sampling for mine wastes, in July, 2008. CTL Thompson (Glenwood Springs) prepared a mine subsidence potential investigation in August, 2008. The applicant has received copies of all of these reports which can be submitted to the record if the City so requests. Just as these studies were being completed the economy in Aspen and throughout the Country began to stall. The banking and financial systems went into free fall during the fall of 2008, leading to what we now refer to as the Great Recession of 2009-2010. The resulting lack of credit made it difficult for this project to proceed, as was the case with many other projects. It is only now, as a result of the recent purchase of this property by the applicant, that progress can be made in building the approved development. Ms. Jennifer Phelan June 13, 2011 Page Four c. The nature and extent of any benefits already received by the city as a result of the project approval such as impact fees and land dedications. Response: Because the prior development approval only contemplated the replacement of an existing residence with a new residence of similar size, the resolution of approval did not impose any exactions on the property or require that any special concessions be made. Impact fee payments have not yet been made for this project. All applicable fees will be paid at the time a building permit is issued for the project. d. The needs of the city and the applicant that would be served by the approval of the extension or reinstatement request. Response: The applicant just closed on the purchase of this property earlier this month. The applicant is prepared to move forward with the development of this project, but has not had the time to fully evaluate the approved plans and to work with an architect and contractor to ready this project for building permit submission. An extension of the vested rights will give the applicant the time needed to complete this work and initiate the construction process. The extension is justified due to the extenuating economic circumstances of the last several years (both locally and nationally) that could not be anticipated when this project was first being reviewed and approved by the City. This application went through a lengthy and comprehensive review process by both the City and the County in 2008. Public hearings were held, input was provided and the project was ultimately approved by both jurisdictions. Since the approval was granted there have not been changes in the City regulations that would result in a different outcome for this project. So there would be no purpose served by denying this request and having the applicant re-apply for 8040 Greenline Review, which would waste valuable staff time that could better be used addressing community planning priorities. Conclusion The applicant looks forward to the staff review of this request and its consideration by the Aspen City Council. Please do not hesitate to contact us if you have any questions regarding this matter. Very truly yours, ALAN RICHMAN PLANNING SERVICES Alan Richman, AICP EXHIBITS EXHIBIT #1 DEVELOPMENT ORDER of the City of Aspen Community Development Department This Development Order, hereinafter "Order", is hereby issued pursuant to Section 26.304.070, "Development Orders", and Section 26.308.010, "Vested Property Rights", of the City of Aspen Municipal Code. This Order allows development of a site specific development plan pursuant to the provisions of the land use approvals, described herein. The effective date of this Order shall also be the initiation date of a three-year vested property right. The vested property right shall expire on the day after the third anniversary of the effective date of this Order, unless a building permit is approved pursuant to Section 26.304.075, or unless an exemption, extension, reinstatement, or a revocation is issued by City Council pursuant to Section 26.308.010. After Expiration of vested property rights, this Order shall remain in full force and effect, excluding any growth management allotments granted pursuant to Section 26.470, but shall be subject to any amendments to the Land Use Code adopted since the effective date of this Order. This Development Order is associated with the property noted below for the site specific development plan as described below. Gerald Grayson, 10147 Bluffmont Lane, Lone Tree, Colorado, 80124 Property Owner's Name, Mailing Address and telephone number Moses Split. Lot 1. Aspen. Colorado. more commonly known as 800 Aspen Alps Road Legal Description and Street Address of Subject Property The Applicant received approval to conslruct a new single family dwelling located in an environmentally sensitive area under 8040 Greenline Review subiect to the approved conditions. See attached site plan. Written Description of the Site Specific Plan and/or Attachment Describing Plan Grant of a an approval of an 8040 Greenline Review bv the Planninpi and Zoning Commission and associated approvals via Resolution No. 019. Series of 2008, June 3rd. 2008. Land Use Approval(s) Received and Dates (Attach Final Ordinances or Resolutions) June 22.2008 Effective Date of Development Order (Same as date of publication of notice of approval.) June 22 2011 Expiration Date of Development Order (The extension, reinstatement, exemption from expiration and revocation may be pursued in accordance with Section 26.308.010 of the City of Aspen Municipal Code.) Issued thi, 27'h day of June, 2008, by the City of Aspen Community Development Directok f ChrislQndon, Community Development Director EXHIBIT #2 AMENDED RESOLUTION N0. 19 (SERIES OF 2008) A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING COMMISSION APPROVING AN 8040 GREENLINE REVIEW FOR A SINGLE- FAMILY RESIDENCE ON LOT 1, MOSES LOT SPLIT, CITY OF ASPEN, PITKIN COUNTY, COLORADO, COMMONLY KNOWN AS 800 SOUTH ASPEN ALPS ROAD. Parcel No. 2737-182-56-003 WHEREAS, this resolution amends the resolution filed at reception no, 550520 by setting forth the actual resolution number and correcting typographical errors within the original resolution, including the resolution no. cited in Section 2 and correcting the approval date of the resolution; and, WHEREAS, the Community Development Department received an application from Gerald Grayson, represented by Stan Clauson Associates, Inc., requesting approvaJ of an 8040 Greenline Review to construct a new single-family residence on Lot 1, Moses Lot Split; and, WHEREAS, the subject property is approximately 0.6 acre and is located in the R- 15 (PUD) Zone District; and, WHEREAS, the proposed development is located at an elevation of approximately 8,056 - 8,130 feet above sea level and is subject to 8040 Greenline Review, pursuant to Land Use Code Section 26.435.020, Environmentally Sensitive Areas; and, WHEREAS, the Planning and Zoning Commission may approve development at, or above, or within 150 feet below the 8040 Greenline in conformance with the review criteria established in Land Use Code Section 26.435.030(C), 8040 Greenline Review; and, WHEREAS, the Community Development Department has reviewed the proposal and recommended that the Planning and Zoning Commission approve with conditions the 8040 Greenline Review; and, WHEREAS, during a duly noticed public hearing on June 3,2008, the Planning and Zoning Commission approved with conditions, by a 3-2 vote, the Lot 1, Moses Lot Split 8040 Greenline Review; and, WHEREAS, the Aspen Planning and Zoning Commission finds that the development proposal meets all applicable development standards and that the approval of the development proposal, with conditions, is consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS, the Aspen Planning and Zoning Commission finds that this Resolution furthers and is necessary for the promotion ofpublic health, safety, and welfare. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ASPEN PLANNING AND ZONING COMMISSION as follows: RECEPTION#: 571868, 07/08/2010 at 02:10:49 PM, 1 OF 6, R $36.00 Doc Code RESOLUTION Page 106 of 120 Janice K. Vos Caudift Pitkin County, CO Section 1 Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the Lot 1, Moses Lot Split 8040 Greenline Review to construct a new single-family residence on Lot 1, Moses Lot Split, is hereby approved with the following conditions: 1. The allowable floor area of the new single family home shall be no greater than 3,800 square feet. The maximum height shall be 25 feet. 2. No further development shall occur on Lot 1, Moses Lot Split outside of the building envelope approved by Resolution No. 019, Series of 2008. 3. All the required parking shall be provided on-site. There shall be no parking on Aspen Alps Road. 4. An approved tree permit from the Parks Department will be required before any demolition or significant property changes take place, The tree permit must be approved prior to submission of the building permit. Mitigation for removals will be paid cash in lieu or adjacent to the site. Any excavation under the drip line permit will need to be approved along with the tree permit. 5. Prior to obtaining a building permit, the applicant shall submit an engineering assessment of S. Alps Road, specifically regarding the load-bearing capability of the road in relation to the use of heavy construction equipment and emergency response apparatus, to be reviewed and accepted by the City Engineer. 6. The building permit application shall include the following: a) A copy of the final Planning and Zoning Commission Resolution. b) The conditions of approval printed on the cover page of the building permit set. c) An Excavation Stabilization Plan that will show the extent of the excavation, the location of constriction fences around the excavation, erosion control measures, spot elevations at the top and bottom of cuts, and site-specific construction drawings of the excavation and stabilization measures. The Excavation Stabilization Plan must be stamped by a Colorado Professional Engineer. For all excavation, the Contractor must comply with neighbor notification requirements stated in Section 3307 of the 2003 International Building Code. d) A Site Grading Plan stamped by a Colorado Professional Engineer, to ensure that the grading plan agrees with the drainage plan. Plans must demonstrate positive drainage away from structures as required by the Building Code (IRC - R401.3 and IBC - 1805.3.4), e) A Drainage and Erosion Control Plan and Report stamped by a Colorado Professional Engineer. On-site drainage is to be designed in accordance with the City of Aspen Engineering Design and Construction Standards. IBC Section 3307.1 requires that provisions be made to control erosion. The City requires a plan that shows the Page 107 of 120 location of erosion control measures, drainage patterns, and details of erosion control structures. l'he plan must include notes that describe how erosion control measures will be regularly maintained. The erosion control plan must show the location of mud racks, the location o f water for washing tires and the retention of the wash water. f) A soils and foundation report, shall be reviewed and accepted by the City Engineer with the Building Permit. g) A detailed landscaping plan for approval by the City of Aspen Parks Department. The landscaping plan shall include but not be limited to, the following: A vegetation protection fence shall be erected at the drip line of each individual tree or groupings of trees remaining on site. A formal plan indicating the location of the tree protection will be required for the building permit set. No excavation, storage of materials, storage of construction backfill, storage of equipment, foot or vehicle traffic allowed within the drip line of any tree remaining on site. This fence must be inspected by the city forester or his/her designee before any construction activities are to commence. Root trenching will be required around all trees with excavation next to and/or under the drip line. Specific excavation techniques will be required for lhe excavation along the back of the property. Vertical excavation will be required and over digging is prohibited in this zone. This note must be represented on the building permit set. A vegetation fence shall be installed along the edge of disturbance on the hillside. This protection fence must be maintained at all times; storage of materials, project access, and construction foot traffic is prohibited beyond this fence. Restoration ofthe area along the fence line will be ofnative quality and approved by the Parks Department. Supplemental planting in the native area is prohibited unless first approved. Utility connections shall be designed on the plan in a manner that does not encroach into the tree protection zones. h) The building plans shall demonstrate an adequate fire suppression system approved by the Aspen Fire Marshal will be installed. A fire alarm system meeting the requirements of the Fire Marshal may also need to be installed at the discretion ofthe Aspen Fire Marshal. i) A wildfire mitigation plan shall be submitted. This plan shall be accepted by the Fire Marshall. Page 108 of 120 j) A completed tap permit for service with the Aspen Consolidated Sanitation District. k) A construction management plan that details the proposed method and means by which the site will be accessed with excavation and grading equipment during construction. This plan shall also detail the proposed construction parking, which shall demonstrate that except for essential trade trucks, no other personal trucks are to be parked in the area around the site. The management of the Aspen Alps Condominium Association shall be consulted in the preparation of the Construction Management Plan. 1) A letter from the primary contractor to the Community Development Director stating that the conditions of approval have been read and understood. m) The Applicant shall abide by all noise ordinances. Construction activity is limited to the hours between 7 a.m. and 7 p.m, Monday through Saturday. 7. The applicant shall comply with all applicable city regulations addressing wood burning devices in the new residential unit. 8. All uses and construction will comply with the City of Aspen Water System Standards and with Title 25 and applicable portions of Title 8 (Water Conservation and Plumbing Advisory Code) of the Aspen Municipal Code as they pertain to utilities. 9. All exterior lighting shall meet the City of Aspen Lighting Code requirements set forth in Land Use Code Section 26.575.150, as may be amended from time to time. Section 2: The development approvals granted herein shall constitute a site-specific development plan vested for a period of three (3) years from the date of issuance of a development order. No later than fourteen (14) days following final approval of all requisite reviews necessary to obtain a development order as set forth in this resolution, the City Clerk shall cause to be published in a newspaper of general circulation within the jurisdictional boundaries of the City of Aspen, a notice advising the general public of the approval of a site specific development plan and creation of a vested property right pursuant to this Title. Such notice shall be substantially in the following form: Notice is hereby given to the general public of the approval of a site specific development plan, and the creation of a vested property right, pursuant to the Land Use Code of the City of Aspen and Title 24, Article 68, Colorado Revised Statutes, pertaining to the following described property: Lot 1, Moses Lot Split, Page 109 of 120 by Resolution No. 19, Series of 2008, of the Aspen Planning and Zoning Commission. Section 3: All material representations and commitments made by the Applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the 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 4: 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 5: If any section, subsection, sentence, clause, phrase, or portion of this resolution is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. APPROVED BY the Planning and Zoning Commission of the City ofAspen on the 3rd day of June, 2008. APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION: 00,/lim True, Assistant City Attorney Trian SpedÂ£Adtifit; Chair ATTEST: \_1/ J *44>cgul.-4) (~ickie Lothian, Deputy City Clerk Pagell0of120 EXHIBIT #3 WARRANTY DEED State Doc Fee: $655.00 THIS DEED s dated the 6th day of June, 2011, and is made between Gerald Grayson (whether one, or more than one), the "Grantof' of the County of 8772,4 and State of Colorado and South Alps Road LLC (whether one, or more than one), the "Grantee", whose legal address is c/o Millard Zimet, Manager, 604 West Main Street, Aspen, CO 81611 of the County of Pitkin and State of Colorado. WITNESS, that the Grantor, for and in consideration of the sum of Six Million Five Hundred Fifty Thousand Dollars and No Cents C $6,550,000.00 ), the receipt and sufficiency of which is hereby acknowledged, hereby grants, bargains, sells, conveys and confirms unto the Grantee and the Grantee's heirs and assigns forever, all the real property, together with any improvements thereon, located in the County of Pitkin and State of Colorado described as follows: Lot 1, MOSES LOT SPLIT according to the plat recorded June 26, 1987 in Plat Book 19 at Page 83 as Reception No. 290474. COUNTY OF PITKIN, STATE OF COLORADO also known by street address as: 605 South Alps Road, Aspen, CO 81611 TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise appertaining, the reversions, remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the Grantor, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances, TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the Grantees, and the Grantees' heirs and assigns forever. The Grantor, for the Grantor and the Grantor's heirs and assigns, does covenant, grant, bargain, and agree to and with the Grantee, and the Grantee's heirs and assigns: that at the time of the ensealing and delivery of these presents, the Grantor is well seized of the premises above described; has good, sure, perfect, absolute and indefeasible estate of inheritance, in law, and in fee simple: and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form as aforesaid; and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature soever, except and subject to: SEE ATTACHED EXHIBIT "A" And the Grantor shall and will WARRANT THE TITLE AND DEFEND the above described premises, but not any adjoining vacatec} street or alley, if any, in Uie quiet and peaceable possession of the Grantees, and the heirs and assigns of the G.Ante~%' against all and every person or persons lawfully claiming the whole or any part thereof. IN WITNE~EREOF, the Grantor has executed this deed on the date set forth above. /4 1 0 111- Sks.94*n 1 RECEPTION#: 580314, 06/06/2011 at 12:01:51 PM, 1 OF 2, R $16.00 DF $655.00 Doc Code C1*~f Â¢6orado WD Countkâ‚¬f b,tELAS Janice K. Vos Caudill, Pitkin County, CO The foregoing instrument was acknowledged before me this ,:,40 day of ZIA.re, , Aoil by Gerald Grayson. Witness my hand and official seal 34.10.'.=2%/49 ,; *ofary : Â® S :0 C Notary Public: M 4 - OE ; i My commission expires: (/ 4u6 4 joi 1 C Pub\\9 / 0 2 6.- 4.............. - . '4,04 of CCY}f 44,!Ittli\'0 4.--I. ae=/0 0471 OF /*94 4, A' FAID i<M'rr 11,,!E r.6 6 L,lip, 3 1-Fp O..4 6 (.t 522 NO. 60 9 02701 Gl W Il 2-2=p 00702 Stewart Title File Number: 01330-1426 Page 1 of 2 TCF 932A WARRANTY DEED â€ž'T Ut"* EXHIBIT "A" DEED EXCEPTIONS 1. Taxes and assessments for the year 2011 not yet due and payable. 2. The effect of inclusions in any general or specific water conservancy, fire protection, soil conservation or other district or inclusion in any water service or street improvement area. 3. Reservations and exceptions as contained in United States Patents recorded in Book 136 at Page 173 and recorded in Book 175 at Page 213 as follows: "That the premises hereby granted, with the exception oftlie surface may be entered by the proprietor of any other vein or ledge, the top or apex of which lies outside of the boundary, should the same in its dip be found to penetrate, intersect or extend into said premises, for the purpose of extracting and removing the ore from such other vein, lode or ledge. 4. 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, and right of way thereon for ditches and canals constructed by the authority ofthe United States as reserved in United States Patents recorded Book 136 at Page 173 and in Book 175 at Page 299. 5. Reservation ofall the minerals, mineral deposits, mineral oils and natural gases of every kind and nature, together with the right o f ingress and egress for the purpose of mining, drilling and exploring said land for ntinerals as reserved in Deed recorded April 28,1961 in Book 193 at Page 595 as Reception No, 111295. 6. Statement of Exception from the Full Subdivision Process for the Purpose of Subdividing the Moses Property as set forth in instrument recorded June 26,1987 in Book 540 at Page 186 as Reception No. 290476. 7. Terms, conditions, provisions and obligations contained in the Restated Easement Agreement recorded September 3, 1992 in Book 687 al Page 915 as Reception No, 348321. 8. All matters shown on the plat of Moses Lot Split recorded June 26,1987 in Plat Book 19 at Paee 83 as Reception No. 290474. 9. All matters shown on the Little Nell Residence Site Plan Lot 1 Moses Lot Split recorded January 28,2009 in Book 90 at Page 34 as Reception No. 556039. 10. Easement Agreement by and between LNR, LLC and Gerald Grayson recorded August 7,2007 &3 Reception No, 540749, 11. Resolution by City Of Aspen Planning and Zoning recorded June 25,2008 as Reception No. 550520. 12. Administrative Decision by Community Development Pitkin County recorded December 9,2008 88 Reception No. 554912, 13. Amended Resolutionrecorded July 8,2010 as Reception No. 571868 14. Any rights, easements, interests or claims which may exist by reason of or reflected by the following facts shown on the survey dated 5-4-11 by Pinnacle Design Consulting Group Inc.: encroachments of gravel drive, lawn fence, woven wire fence gate, gravel foot path, foot bridge and wall onto adjoining property known as The Aspen Chance Subdivision; wall, conc. walk, steps, concrete drive saves, gravel drive sitting outside of building envelope; wood rail fence going onto adjoining property to the north. Stewart Title File Number: 01330-1426 Page 2 of 2 TCF 932A WARRANTY DEED EXHIBIT #4 6-9-lf Ms. Jennifer Phelan, Deputy Planning Director City of Aspen Community Development Department 130 South Galena Street Aspen, Colorado 81611 RE: LETTER OF AUTHORIZATION FOR LOT 1, MOSES LOT SPLIT Dear Jennifer, South Alps Road LLC is the owner of Lot 1 of the Moses Lot Split. As the owner's authorized representative, I hereby authorize Alan Richman Planning Services to submit an application to extend the vested rights previously granted to this property. Mr. Richman is authorized to submit this land use application on our behalf and to represent the owner in meetings with staff and the applicable decision-making bodies. Sincerely, Neil Karbank, Authorized Representative South Alps Road LLC EXHIBIT #5 CIT, wF ASPEN PRE-APPLICATION CONFERENCE SUMMARY PLANNER. Amy Guthrie, 429.2758 DATE: 6.7.2011 PROJECT: Lot 1, Moses Lot Split Vested Rights Extension. 800 S. Aspen Alps Road (since re- addressed to be 605 S. Aspen Alps Road) REPRESENTATIVE: Alan Richman, 920-1125 OWNER: South Alps Road LLC DESCRIPTION: The applicant would like to extend the vested rights that were originally granted as part of an 8040 Greenline review of proposed single-family home on Lot 1 of the Moses Lot Split. Approval was via P&Z Resolution #19, Series of 2008, passed on June 3,2008. Per the Development Order, Vested Rights expire on June 22, 2011. An application for extension of Vested Rights that is submitted on or before that date will be scheduled for Council review. Relevant Land Use Code Section(s): 26.304 Common Development Review Procedures 26.308.010 C. Extension or Reinstatement of Vested Rights http://www.aspenpitkin.com/depts/38/citycode.cfm Review By: Staff for complete application and recommendation. City Council for final decision. Public Hearing: Yes at City Council Planning Fees: $1,470.00 Deposit for 6 hours of staff time. Additional staff time is billed at $245/ hour. Total Deposit: $1,470.00 Total Number of Application Copies: 10 Copies To apply, submit the following information Il Proof of ownership with payment. Il Signed fee agreement and deposit 0 Applicant's name, address and telephone number in a letter signed by the applicant which states the name, address and telephone number of the representative authorized to act on behalf of the applicant. Il Street address and legal description of the parcel on which development is proposed to occur, consisting of a current certificate from a title insurance company, or attorney licensed to practice in the State of Colorado, listing the names of all owners of the property, and all mortgages, judgments, liens, easements, contracts and agreements affecting the parcel, and demonstrating the owner's right to apply for the Development Application. O 12-Copies of the complete application packet and maps. Il An 8 1/2" by 11" vicinity map locating the parcel within the City of Aspen. 0 A written description of the proposal and an explanation in written, graphic, or model form of how the proposed development complies with the review standards relevant to the development application. Please include existing conditions as well as proposed. List of adjacent property owners within 300' for public hearing m Copies of prior approvals. 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. FOR DafWiT G;WLY ALTA OWNER'S POLICY (6/17/06) SCHEDULE A JUN 2~vi~#,?j402 WELLS FAFIGO A94 Name and Address of Stewart Title Guaranty Company 81 Title Insurance Company: P.O. Box 2029, Houston, TX 77252 Uviw i BWBEOGRem#T Prepared by: Colorado Regional Production Center Title Officer: Linda Williams File No.: 01330-1426 Policy No.: O-9301-001840979 Address Reference: 605 South Alps Road, Aspen, CO 81611 (For Company Reference Purposes Only) Amount of Insurance: $6,550,000.00 Premium: $5,310.00 Date of Policy: June 06, 2011 at 12:01 pm 1. Name of Insured: South Alps Road LLC 2. The estate or interest in the Land that is insured by this policy is: Fee Simple 3. Title is vested in: South Alps Road LLC 4. The Land referred to in this policy is described as follows: Lot 1, MOSES LOT SPLIT according to the plat recorded June 26,1987 in Plat Book 19 at Page 83 as Reception No. 290474. COUNTY OF PITKIN, STATE OF COLORADO Copyright 2006-2009 American Land Title Association. All rights reserved. AM# *.Â§!L AN The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. 14â€¢e 11*1 4 All other uses are prohibited. Reprinted under license from the American Land Title Association. A///49/,/ File No. 01330-1426 Page l of l stevâ€žart -1~. CO STG ALTA Owner's Policy Sch A -Â·---Wee guararly company BEE.1. ALTA OWNER'S POLICY (6/17/06) SCHEDULE B File No.: 01330-1426 Policy No.: O-9301-001840979 EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) that arise by reason of: 1, Rights or claims of parties in possession, not shown by the public records. 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 and not shown by the public records. 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. Unpatented mining claims, reservations or exceptions in patents, or in acts authorizing the issuance thereof. 6. Water rights, claims or title to water. 7. All taxes for 2011 and subsequent years, which are a lien not yet payable. The effect of inclusions in any general or specific water conservancy, fire protection, soil conservation or other district or inclusion in any water service or street improvement area. 8. Reservations and exceptions as contained in United States Patents recorded in Book 136 at Page 173 and recorded in Book 175 at Page 213 as follows: "That the premises hereby granted, with the exception of the surface may be entered by the proprietor of any other vein or ledge, the top or apex of which lies outside of the boundary, should the same in its dip be found to penetrate, intersect or extend into said premises, for the purpose of extracting and removing the ore from such other vein, lode or ledge. 9. 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, and right of way thereon for ditches and canals constructed by the authority ofthe United States as reserved in United States Patents recorded Book 136 at Page 173 and in Book 175 at Page 299. 10. Reservation of all the minerals, mineral deposits, mineral oils and natural gases of every kind and nature, together with the right of ingress and egress for the purpose of mining, drilling and exploring said land for minerals as reserved in Deed recorded April 28, 1961 in Book 193 at Page 595 as Reception No. 111295. 11. Statement of Exception from the Full Subdivision Process for the Purpose of Subdividing the Moses Property as set forth in instrument recorded June 26,1987 in Book 540 at Page 186 as Reception No. 290476. Copyright 2006-2009 American Land Title Association. All rights reserved. - =*:#41Â©:AN: The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. LA*P TI Â¥$: All other uses are prohibited. Reprinted under license from the American Land Title Association. %*46,Â¢4>:6*':%3:. File No. 01330-1426 Page 1 of 2 stewart CO STG ALTA Owner's Policy Sch B SE Â·Â·Â·Â·1* guaran# company Â¥ep ~ *k ALTA OWNER'S POLICY (6/17/06) SCHEDULE B 12. Terms, conditions, provisions and obligations contained in the Restated Easement Agreement recorded September 3,1992 in Book 687 at Page 915 as Reception No. 348321. 13. All matters shown on the plat of Moses Lot Split recorded June 26, 1987 in Plat Book 19 at Page 83 as Reception No. 290474. 14. All matters shown on the Little Nell Residence Site Plan Lot 1 Moses Lot Split recorded January 28, 2009 in Book 90 at Page 34 as Reception No. 556039. 15. Easement Agreement by and between LNR, LLC and Gerald Grayson recorded August 7,2007 as Reception No. 540749. 16. Resolution by City Of Aspen Planning and Zoning recorded June 25,2008 as Reception No. 550520. 17. Administrative Decision by Community Development Pitkin County recorded December 9,2008 a.2 Reception No. 554912. 18. Amended Resolution recorded July 8,2010 as Reception No. 571868 19. Any rights, easements. interests or claims which may exist by reason of or reflected by the following facts shown on the survey dated 5-4-11 by Pinnacle Design Consulting Group Inc.: encroachments of gravel drive, lawn fence, woven wire fence gate, gravel foot path, foot bridge and wall onto adjoining property known as The Aspen Chance Subdivision; wall, conc. walk, steps, concrete drive eaves, gravel drive sitting outside of building envelope; wood rail fence going onto adjoining property to the north Copyright 2006-2009 American Land Title Association. All rights reserved. *61* *Â§09* The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. L AÂ¥ D 1 **U All other uses are prohibited. Reprinted under license from the American Land Title Association. &**O*244,:*e,%: File No. 01330-1426 Page 2 of 2 stewart CO STG ALTA Owner's Policy Sch B SE -1.Â»14+ Â· 91* gum"gr:%*33 W. , .: PouU 2 9 31 (8 2- 5 6 003 0 04-6 -20 (l Â·AS LU -- Eile Edit Darci Navigate FQrm Report Format Iab Ee# i#@))(, 94 40#66 3 de.~ i N j , 4011*jumpt *0~iolo, 141 â‚¬] @ 3@ 0 â€¢,Il *: @3 L% J 4 4~1 Routing Status |Feei | Fee SummarY [&218ctions | Attachments Routing tlistory Yaluation | Arch/Eng |Custom FleIds 15ub termits |Parcels I PemIR type aslu Aspen Land Use Permit 0048.2011.ASLU ~ Address 605 S ASPEN ALPS RD */5ute D City ASPEN / Rate %-7 zb 81611 Permit Information 2:...lib . 16 lief Master permit Routhg Aue |aslu07 ~ Appted M62011 Project Status pending | Approved Des[Â®tion EXTENTION OF VESTED RIGHTS, LOTS 1 MOSES LOT SPLIT 605 SOUTH ASPEN ALPS Issued ROAD F,181 5ubmitted ALAN RICHMOND 9201125 Clock ~ningl Days E-03 ExNes 64 02012 v Subritted Ma r Owner Last name MOSES GAARD HOPKINS 1 First name PO BOX 21 ASPEN CO 81612 Phone () - Address Applicant mâ€¢&3*5 00*ne[ is applicant? Il Contractor is appiant? Last name ~Eii-*EFF---~ Ftst name NEIL 604 WEST MAIN ST ASPEN CO 81611 Phone |(970) 920 -2899 Cust# 29054 Address Lender Last name First name Phone () - Address Displays the pe,mitlendefs addkess AspenGokE {served angelas ll-1-22 A K A ; 100 5 . >ts fÂ·-~vn Ates Reaol CIO- Stt Â©000-2- ,Awu~2r I' 410- 00 .-, 0 2.1,65\ clÂ¢if~1 1 646 kY-2. (c~.0.000 c.rn b.ob|C S/MQ~ a < l LI \ < "ON YOInt)~ F *oqlooil Itt*10,9 q.11