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HomeMy WebLinkAboutLand Use Case.507 W Gillespie Ave.0013.2013.AHPC0013.2013.AHPC 507 W GILLESPIE 273512111007 Establishment of TDR's LAS 049 0 1»-e" XL 0 r/- 3 P i THE CITY OF ASPEN City of Aspen Community Development Department CASE NUMBER 0013.2013.AHPC PARCEL ID NUMBERS 273512111007 PROJECTS ADDRESS 507 W GILLESPIE PLANNER JUSTIN BARKER CASE DESCRIPTION ESTABLISHMENT OF TDR'S REPRESENTATIVE JOHN ROWLAND 370-9910 DATE OF FINAL ACTION 08/13/2013 CLOSED BY ANGELA SCOREY ON: 11/11/13 6013.2018 AHPC_ 1* -4 1 10,- - 17.- - - -I- - r'~ v . LU Die Edit Record Navigate Fgrm Reports Format Iab delp @ 4 >X k ./ 4 1=1 , ' 6 ...4. . k 7 21 4 Jumpl $ 42 0 0 2 2 2 2 3 3 ··. /" 36 49 Main Custom Fjelds R outing Status Fee Summail! Actions R outing Mistory Permit type |Bhpc iAspen Historic Land Use Pe,mit# 0013.2013AHPC I· : Address 507W GILLESPIE Apt/Suitei ; City ASPEN State CO~ v ; Zip 81611 - f - Permit Information Master peat R outing queue aslu07 Applied 04/04/2013 Piolect Status penang Approved 1 Description ESTABLISHMENT OFTDR'S Issued IClosed/Find | Submitted JOHN ROWLAND 370·9910 1 Clock:RunningIDaysl 0 Expires 03/30/2014 Submitted via ~ 1 1 OwneT Last name hOWLAND + BROUGHTO .: First name ~ | 234 HOPKINS ~ ASPEN CO 81611 Phone 1 [970! 379-9910 Add= 1 Applicant @ 0 wnet is applicant? ~ Contiactor is applicant? Lastname [ROWLAND+BROUGHTO FIrstnarrte -~~~~"-- ~ 234 H0PK1NS : - ASPEN CO 81611 Phone :[970) 379·9910 Cust # 29474 : Address Lendel Last name First name 11 ' Phone [ 1 Address AsperGot(5 [served iackiek ~ 1 oil c30202'6#L 41 I 2 8 + % 1-300. Gb »ouyi- lio 12- 2/0/Rta q *lU/*Le 19,(3> 1/r 4, 214 33 +6 Y xoqlool, I sdnoig qell 1 =1 I I ILEN 1'=t-dip' I ' - -_ -- - i -22.= =- - ~ - Elle Edit Record Navigate Fgrm Reports Format Lab Help , A *fi . n : 49 >10 9 224 0 4/ 4 : 41 (99 23 4 4 33 11 11- lump 1 - aff- , *, Fs - y - 92 'm /:4,2 Main 23 r i Customer Balances Receipt # :00033468 1 Group jackiek 0,001 On account Batch #| | Date !04/04/2013 Amount due 0,00 ~ Customer # 29474 ~ Tender/Check# check | |3287 1 - Name 1 ROWLAND + BROUGHTON ARCHITECTS Receipt Amounts j : Receipt total ; 1,300,00 Customer 1234 HOPKIN5 address ASPEN CO 81611 On acct change 0.00 1 unapplied 0.00 1 I - Description SARAH BROUGHTON & JOHN ROWLAND 6 Notes pOB 4166 ASPEN, CO 81611 Permit Fee Balance Due | 1 1_ __ Applied i ~0013,2013,AHPC plhf ~ Planning Hourly Fees 0.00 1,300,00 . .....~~~~____-~~~~~11EL____ _2*,0- • Ill 11 AspenGold5 (server) iackiek VIE»,1 1 of 1 R SaioN Vointli ~ xoqlooll sdnoig gel . r . MEMORANDUM TO: Mayor and Aspen City Council THRU: Chris Bendon, Community Development Director~~~p~~ FROM: Justin Barker, Planner RE: 507 W. Gillespie Street - Establishment of Two (2) Transferable Development Rights, Second Reading of Ordinance #25, Series of 2013 MEETING DATE: August 12,2013 SUMMARY: The subject property is a 5,086 square foot vacant lot. 507 W. Gillespie Street €:-0 5. rer "' 'W'···1.91*/Mi' I-. is a historic designated site that was originally a ' ~~ M-- *=-~~=Al part of 515 W. Gillespie (the property to the west) and was created as part of a historic lot FC,4141 W~li~~1 split in 2001. The house on 515 W. Gillespie ~ was originally on 507 W. Gillespie and was -'~ v -· ill' Il-:e~W i relocated as part of the lot split. The property ~ ~ was originally created at 4,572 square feet, with an allowable FAR of 2,840 square feet. In March 2011, a lot line adjustment added square Pi--4 h ./. -1. 4 '1' footage from the properties to the east, 41 -2 increasing the total lot area to 5,086 square feet. ~ 4 - -* FL#.1/2*9".* :15_ The established allowable FAR from the lot split was not changed by this lot size increase. The applicant requests City Council approval to establish two (2) historic Transferable Development Rights certificates for this property, reducing the allowable floor area for 507 W. Gillespie by 500 square feet. Council is the decision-making authority on the establishment of TDRs. APPLICANTS: John Rowland & Sarah Broughton. PARCEL ID: 2735-121-11-007. ADDRESS: 507 W. Gillespie Street, Lot B, Gillespie Historic Partners, LLC Lot Line Adjustment Plat, recorded March 29, 2011 in Plat Book 96 at Page 60. ZONING: R-6, Medium-density Residential. Page 1 0 f 3 PRIOR APPROVALS: o Historic Preservation Commission (HPC) Approvals • In 2001, HPC approved partial demolition, relocation of the existing house and a 500 square foot FAR bonus for 515 W. Gillespie. . In 2007, HPC granted Final Major Development approval.1 , On June 12, 2013, HPC granted Amendment to Final Major Development approval, reducing the approved FAR to 2,339 square feet. o City Council Approvals • In 2001, City Council approved a historic landmark designation and historic landmark lot split for the property.2 507 West Gillespie (Lot B) was established with an FAR of 2,840 square feet, prior to applicable lot area reductions. • In 2010, City Council approved an extension of vested rights from HPC Resolution No. 35, Series of 2007 through September 9,2013.-3 STAFF EVALUATION: • The purpose of a TDR is to encourage the preservation of Historic Landmarks within the City of Aspen by permitting those property owners to sever and convey, as a separate development right, undeveloped Floor Area to be developed on a different and non- historic property within the City o f Aspen. Each TDR comprises 250 square feet of Floor Area. The TDR program enables standard market forces, and the demand for floor area and increased unit sizes in specific zone districts, to accomplish a community goal of preserving Aspen's heritage as reflected in its built environment. Funds that are gained from the sale of TDRs may be invested back into the landmark. • The applicant requests approval from City Council to sever an additional 500 square feet of unbuilt Floor Area from the property in the form of two (2) TDR certificates. No previous TDRs have been established for this property. After the approved development order is acted upon, the resultant allowed FAR after the severance of two TDRs will be 2,340 square feet. This will accommodate the HPC approved house of 2,339 square feet. • The review criteria found in Exhibit A analyze the existing built development on the property against the maximum allowable floor area to determine the amount of unbuilt development that can be turned into TDRs. Development that already received approval is also analyzed as part of the review process for establishing TDRs.4 The property must be a local landmark, i.e. listed on Aspen's Inventory of Historic Sites and Structures, to establish TDRs. 1 HPC Resolution 35, Series of 2007. 2 City Council Ordinance 20, Series of 2001. 3 City Council Resolution 88, Series of 2010. 4 See Exhibit A, criterion d. Page 2 of 3 Floor Area Analysis for 507 W. Gillespie Avenue: Total allowable floor area for a 5,086 square 2,400 + (2,086/100*28)1 = 2,984 square foot lot single family residence in R-6 zone feet allowable.floor area district Total allowable floor area per Ordinance 20, 2,840 squarefeet allowable floor area.for Series of 2001 507 W. Gillespie Avenue 2,840 square feet unbuiltfloor areol Available unbuilt fLoor area (vacant lot) Approved floor area per UPC Approval 2,339 square feet floor area approved June 2013 Approve the establishment of 2 TDR 2,840 - (250*2)1 - 2,340 squarefeet certificates at 250 square feet each remaining unbuilt floor area after severance of TDRs STAFF RECOMMENDATION: In reviewing the proposal, Staff finds that the project meets the applicable review criteria to Establish Transferable Development Rights and recommends approval o f the two (2) TDR certificates. PROPOSED MOTION (AN motions are worded in the affirmative): "1 move to approve Ordinance No. 25, Series of 2013, authorizing the grant of two (2) Transferable Development Rights Certificates for 507 W. Gillespie." CITY MANAGER COMMENTS: ATTACHMENTS: Exhibit A - Review Criteria Exhibit B - Application Page 3 of 3 ORDINANCE #25 (Series of 2013) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO APPROVING TWO (2) TRANSFERABLE DEVELOPMENT RIGHTS FOR THE PROPERTY LOCATED AT 507 W. GILLESPIE STREET, LOT B, GILLESPIE HISTORIC PARTNERS, LLC LOT LINE ADJUSTMENT PLAT, RECORDED MARCH 29, 2011 IN PLAT BOOK 96 AT PAGE 60. PARCEL ID #:2735-121-11-007 WHEREAS, the Community Development Department received an application from John Rowland and Sarah Broughton, requesting the establishment of two (2) Historic Transferable Development Right Certificates for the property located at 507 West Gillespie Street, Lot B, Gillespie Historic Partners, LLC Lot Line Adjustment Plat, recorded March 29, 2011 in Plat Book 96 at Page 60; and WHEREAS, the subject property is zoned Medium-density Residential (R-6) and is currently a vacant lot; and WHEREAS, for City Council approval of Transferable Development Rights, the application shall meet the requirements of Municipal Code Section 26.535.070; and WHEREAS, Justin Barker, Planner, in his staff report to City Council, performed an analysis of the application, found that the review standards for Transferable Development Rights are met, and recommended approval; and WHEREAS, the City Council finds that the proposal meets or exceeds all applicable development standards and that the approval of the development proposal is consistent with the goals and elements ofthe Aspen Area Community Plan; and, WHEREAS, the City Council finds that this Ordinance furthers and is necessary for the promotion ofpublic health, safety, and welfare. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, THAT: Section 1: Transferable Development Rights Pursuant to the findings set forth in Section 1, above, the City Council does hereby authorize the grant of two (2) Transferable Development Rights for 507 West Gillespie Street, with the following conditions: 1. Upon satisfaction of all requirements, the city and the applicant shall establish a date on which the respective Historic TDR Certificates shall be validated and issued by the City and a deed restriction on the property shall be accepted by the City and filed with the Pitkin County Clerk and Recorder. 507 W. Gillespie Ordinance #25, Series of 2013 Page 1 0 f 3 2. On the mutually agreed upon date, the Mayor of the City of Aspen shall execute and deliver the applicable number of Historic TDR Certificates to the property owner and the property owner shall execute and deliver a deed restriction lessening the available development right of the Sending Site (507 West Gillespie Street, Lot B, Gillespie Historic Partners, LLC Lot Line Adjustment Plat, recorded March 29, 2011 in Plat Book 96 at Page 60) by 250 square feet per TDR together with the appropriate fee for recording the deed restriction with the Pitkin County Clerk and Recorder's Office. Section 2: Severabilitv If any section, subsection, sentence, clause, phrase or portion ofthis ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. Section 3: Existing Litigation This ordinance shall not have any effect on existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances amended as herein provided, and the same shall be construed and concluded under such prior ordinances. Section 4: Vested Rights The Land Use entitlements granted herein shall be vested for a period of three (3) years from the date of issuance of a development order. However, any failure to abide by any of the terms and conditions attendant to this approval shall result in the forfeiture of said vested property rights. Unless otherwise exempted or extended, failure to properly record all plats and agreements required to be recorded, as specified herein, within 180 days of the effective date of the development order shall also result in the forfeiture of said vested property rights and shall render the development order void within the meaning of Section 26.104.050 (Void permits). Zoning that is not part of the approved site-specific development plan shall not result in the creation of a vested property right. No later than fourteen (14) days following final approval of all requisite reviews necessary to obtain a development order as set forth in this Ordinance, including Final Major Development and Commercial Design Reviews by the HPC, 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, valid for a period of three (3) years, 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: 507 W. Gillespie Street, Lot B, Gillespie Historic Partners, LLC Lot Line Adjustment Plat, recorded March 29,2011 in Plat Book 96 at Page 60. Nothing in this approval shall exempt the development order from subsequent reviews and approvals required by this approval o f the general rules, regulations and ordinances or the City of Aspen provided that such reviews and approvals are not inconsistent with this approval. 507 W. Gillespie Ordinance #25, Series of 2013 Page 2 of 3 The approval granted hereby shall be subject to all rights of referendum and judicial review; the period of time permitted by law for the exercise of such rights shall not begin to run until the date of publication of the notice of final development approval as required under Section 26.304.070(A). The rights of referendum shall be limited as set forth in the Colorado Constitution and the Aspen Home Rule Charter. Section 5: Public Hearing A public hearing on the ordinance shall be held on the 8th day of July, 2013, continued to the 12th day of August, 2013, in the City Council Chambers, Aspen City Hall, Aspen, Colorado, fifteen (15) days prior to which hearing a public notice of the same was published in a newspaper of general circulation within the City ofAspen. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the 24111 day of June, 2013. Steven Skadron, Mayor ATTEST: Kathryn Koch, City Clerk FINALLY, adopted, passed and approved this day of , 2013. Steven Skadron, Mayor ATTEST: Kathryn Koch, City Clerk APPROVED AS TO FORM: Jim True, City Attorney 507 W. Gillespie Ordinance #25, Series of 2013 Page 3 0 f 3 EXHIBIT A Section 26.535.070 Review Criteria for Establishment of Historic Transferable Development Right. A Historic TDR Certificate may be established by the Mayor of the City of Aspen if the City Council, pursuant to adoption of an ordinance, finds all the following standards met: a) The Sending Site is a Historic Landmark or property identified on the AspenModern Map, on which the development of a single-family or duplex residence is a permitted use, pursuant to Chapter 26.710. Properties on which such development is a conditional use shall not be eligible. Staff Finding: The proposed 5,086 square foot sending site is located within the Medium-density Residential (R-6) zone district, which allows residential single-jhmily use. The sending site is a designated Historic Landmark, listed on the Aspen Inventory of Historic Landmark Sites and Structures and is a vacant lot. Staff,finds this criterion to be met. b) It is demonstrated that the Sending Site has permitted unbuilt development rights, for either a single-family or duplex home, equaling or exceeding two-hundred and fifty (250) square feet of Floor Area multiplied by the number of Historic TDR Certificates requested. Staff Finding: The subject property has a total allowable FAR of 2,840 square feet per Ordinance No. 20, Series of 2001. The lot is vacant, leaving all 2,840 square feet offloor area unbuilt on the site. Stafffinds this criterion to be met. c) It is demonstrated that the establishment of TDR Certificates will not create a nonconformity. In cases where nonconformity already exists, the action shall not increase the specific nonconformity. Staff Finding: The establishment of two TDRs will not create or increase a non- conformity. Stafffinds this criterion to be met. d) The analysis of unbuilt development right shall only include the actual built development, any approved development order, the allowable development right prescribed by zoning for a single-family or duplex residence, and shall not include the potential of the Sending Site to gain Floor Area bonuses, exemptions, or similar potential development incentives. Staff Finding: This is a two part analysis: 1) actual built development, i.e. the existing condition of the property and 2) approved development. Exhibit A 507 W. Gillespie Page 1 0 f 3 Analysis of actual built development: There is currently no development that exists on the lot. Per Ordinance No. 20, Series of 2001, the lot currently has an allowable floor area of 2,840 remaining to develop. Analvsis of approved development: The development proposal that was approved in 2007 received an extension of vested rights per City Council Resolution No. 88, Series of 2010 lasting through September 9, 2013. The floor area of this approval was 2,760 square feet. The development proposal received an Amendment to Final Major Development approval from HPC on June 12, 2013. The new approved floor area is 2,339 square feet. Severing two (2) TDRs from the site will leave 2,340 square feet of allowable floor area. Stafffinds this criterion to be met. e) Any development order to develop Floor Area, beyond that remaining legally connected to the property after establishment of TDR Certificates, shall be considered null and void. Staff Finding: The development order for the approval from 2007 has been amended to reduce the.floor area to 2,339. This would be within the limitations of the property after establishment of two TDR Certificates. Staff,finds this criterion to be met. f) The proposed deed restriction permanently restricts the maximum development o f the property (the sending site) to an allowable floor area not exceeding the allowance for a single-family or duplex residence minus two hundred and fifty (250) square feet of floor area multiplied by the number of historic TDR certificates established. The deed restriction shall not stipulate an absolute floor area, but shall stipulate a square footage reduction from the allowable floor area for a single-family or duplex residence, as may be amended from time to time. The sending site shall remain eligible for certain floor area incentives and/or exemptions as may be authorized by the City Land Use Code, as may be amended from time to time. The form of the deed restriction shall be acceptable to the City Attorney. Staff Finding: The applicant clearly states an understanding of this standard (D in the application. Stafffinds this criterion to be met. g) A real estate closing has been scheduled at which, upon satisfaction of all relevant requirements, the City shall execute and deliver the applicable number of historic TDR certificates to the sending site property owner and that property owner shall execute and deliver a deed restriction lessening the available development right of the subject property together with the appropriate fee for recording the deed restriction with the County Clerk and Recorder's office. Staff Finding: The application demonstrates a clear understanding of the requirements of section (g). Stafffinds this criterion to be met. Exhibit A 507 W. Gillespie Page 2 0 f 3 h) It shall be the responsibility of the sending site property owner to provide building plans and a zoning analysis of the sending site to the satisfaction of the Community Development Director. Certain review fees may be required for the confirmation of built floor area. Staff Finding: There is currently no built floor area on the property as it is a vacant lot. Staff.Ands this criterion to be met. i) The sale, assignment, conveyance or other transfer or change in ownership of transferable development rights certificates shall be recorded in the real estate records of the Pitkin County Clerk and Recorder and must be reported by the grantor to the City of Aspen Community Development Department within five (5) days of such transfer. The report of such transfer shall disclose the certificate number, the grantor, the grantee and the total value of the consideration paid for the certificate. Failure to timely or accurately report such transfer shall not render the transferable development right certificate void. Staff Finding: The application demonstrates a clear understanding of the requirements of section (i). Stafffinds this criterion to be met. Exhibit A 507 W. Gillespie Page 3 0 f 3 ORDINANCE NO. 25 (Series of 2013) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO APPROVING TWO (2) TRANSFERABLE DEVELOPMENT RIGHTS FOR THE PROPERTY LOCATED AT 507 W. GILLESPIE STREET, LOT B, GILLESPIE HISTORIC PARTNERS, LLC LOT LINE ADJUSTMENT PLAT, RECORDED MARCH 29,2011 IN PLAT BOOK 96 AT PAGE 60. PARCEL ID #:2735-121-11-007 WHEREAS, the Community Development Department received an application from John Rowland and Sarah Broughton, requesting the establishment of two (2) Historic Transferable Development Right Certificates for the property located at 507 West Gillespie Street, Lot B, Gillespie Historic Partners, LLC Lot Line Adjustment Plat, recorded March 29, 2011 in Plat Book 96 at Page 60; and WHEREAS, the subject property is zoned Medium-density Residential (R-6) and is currently a vacant lot; and WHEREAS, for City Council approval of Transferable Development Rights, the application shall meet the requirements of Municipal Code Section 26.535.070; and WHEREAS, Justin Barker, Planner, in his staff report to City Council, performed an analysis of the application, found that the review standards for Transferable Development Rights are met, and recommended approval; and WHEREAS, during a public hearing on August 12, 2013, the Aspen City Council approved Ordinance No. 25, Series 2013, by a five to zero (5-0) vote; and, WHEREAS, the City Council finds that the proposal meets or exceeds all applicable development standards and that the approval of the development proposal is consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS, the City Council finds that this Ordinance furthers and is necessary for the promotion of public health, safety, and wel fare. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, THAT: Section 1: Transferable Development Rkhts Pursuant to the findings set forth in Section 1, above, the City Council does hereby authorize the grant of two (2) Transferable Development Rights for 507 West Gillespie Street, with the following conditions: 507 W. Gillespie Ordinance #25, Series of 2013 Page 1 of 3 1. Upon satisfaction of all requirements. the city and the applicant shall establish a date on which the respective Historic TDR Certificates shall be validated and issued by the City and a deed restriction on the property shall be accepted by the City and filed with the Pitkin County C. lerk and Recorder. 2. On the mutually agreed upon date, the Mayor of the City of Aspen shall execute and deliver the applicable number of Historic TDR Certificates to the property owner and the property owner shall execute and deliver a deed restriction lessening the available development right of the Sending Site (507 West Gillespie Street, Lot B, Gillespie Historic Partners, LLC Lot Line Adjustment Plat, recorded March 29, 2011 in Plat Book 96 at Page 60) by 250 square feet per TDR together with the appropriate fee for recording the deed restriction with the Pitkin County Clerk and Recorder's Office. Section 2: Severability If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not attect the validity of the remaining portions thereof. Section 3: Existing Litigation This ordinance shall not have any effect on existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances amended as herein provided, and the same shall be construed and concluded under such prior ordinances. Section 4: Vested Rights The Land Use entitlements granted herein shall be vested for a period of three (3) years from the date of issuance of a development order. 1 lowever, any failure to abide by any of the terms and conditions attendant to this approval shall result in the forfeiture of said vested property rights. Unless otherwise exempted or extended, failure to properly record all plats and agreements required to be recorded, as specified herein, within 180 days of the effective date of the development order shall also result in the forfeiture of said vested property rights and shall render the development order void within the meaning of Section 26.104.050 (Void permits). Zoning that is not part of the approved site-specific development plan shall not result in the creation of a vested property right. No later than fourteen (14) days following final approval of all requisite reviews necessary to obtain a development order as set forth in this Ordinance, including Final Major Development and Commercial Design Reviews by the HPC, 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 o f a site specific development plan, and the creation of a vested property right, valid for a period of three (3) years, 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: 507 W. Gillespie Street, Lot B, Gillespie Historic Partners, LLC Lot Line Adjustment Plat, recorded March 29,2011 in Plat Book 96 at Page 60. 507 W. Gillespie Ordinance #25, Series of 2013 Page 2 of 3 Nothing in this approval shall exempt the development order from subsequent reviews and approvals required by this approval of the general rules, regulations and ordinances or the City of Aspen provided that such reviews and approvals are not inconsistent with this approval. The approval granted hereby shall be subject to all rights of referendum and judicial review; the period of time permitted by law for the exercise of such rights shall not begin to run until the date of publication of the notice of final development approval as required under Section 26.304.070(A). The rights of referendum shall be limited as set forth in the Colorado Constitution and the Aspen Home Rule Charter. Section 5: Public Hearing A public hearing on the ordinance shall be held on the 8tli day of July, 2013, continued to the 12th day of August, 2013, in the City Council Chambers, Aspen City Hall, Aspen, Colorado, fifteen (15) days prior to which hearing a public notice of the same was published in a newspaper of general circulation within the City o f Aspen. INTRODUCED, READ AND ORDERED PUBLISHED as (propided by law, by the City Council of the City of Aspen on the 24th day of June, 2013. / f . ,/ 2-4 ATT*ST: Std¢en Sl<1~~~~ayor . Kathryn Koch, 04 Clerk 3 FINALLY, adopted, passed and approved this LR_ day 0 1 44 1 .,1 StevA Skadron, Mayor ATTEST: RIL-O 4--4 Kathryn Koch, ~*'Clerk APPROVED AS TO FORM: .*63.7 09/TI.=44- - ./'0Jim True, City Attorney t 507 W. Gillespie Ordinance #25, Series of 2013 Page 3 0 f 3 Regular Meeting Aspen City Council August 12,2013 Councilman Frisch moved to adopt Ordinance #33, Series of 2013, on first reading; seconded by Councilman Daily. Roll call vote; Councilmembers Mullins, yes; Frisch, yes; Daily, yes; Mayor Skadron, yes. Motion carried. ORDINANCE #25, SERIES OF 2013 - 507 Gillespie - Establishment of TDRs Justin Barker, community development department, reminded Council this request is to establish two transferrable development rights which would reduce the allowable floor area by 500 square feet. Barker said the purpose of TDRs is to encourage historic preservation by relieving development pressure. This lot was created from a lot split and is a 4,572 square foot vacant lot with a floor area of 2,840 square feet. Severing two TDRs would leave a floor area o f 2,340 square feet. Barker pointed out staff finds this to meet the review criteria. Mayor Skadron opened the public hearing. There were no comments. Mayor Skadron closed the public hearing. Councilwoman Mullins moved to adopt Ordinance #25, Series of 2013, on second reading; seconded by Councilman Daily. Roll call vote; Councilmembers Daily, yes; Mullins, yes; Frisch, yes; Mayor Skadron, yes. Motion carried. ORDINANCE #27, SERIES OF 2013 - 420 E. Hyman Subdivision Review Councilwoman Mullins recused herself having reviewed this on HPC. Sara Adams, community development department, said this building has retail uses and the proposal is to demolish that building and replace it with a three-story mixed used building with commercial uses in the basement, first and second floors, 3 affordable housing units on the second and third floors, and one free market unit on the second and third floor. This project is being reviewed under the previous land use code which allowed for free market residential and building heights of 38' to 42'; this is proposed at 38'. Ms. Adams reminded Council HPC granted conceptual review, which was called up by Council regarding mass and scale and sent back to HPC. The approval was upheld by HPC. P&Z granted growth management approval and recommended in favor of subdivision. HPC will have final commercial design review after the project is approved by Council. Ms. Adams pointed out subdivision criteria (a) addresses compatibility with neighborhood context, which HPC looks at and the details happen after subdivision review during final HPC review. Ms. Adams told Council the applicant is prepared to show design direction for final design as there have been concerns voiced about design and staff included a condition in the ordinance stating Council has the ability to call up HPC's final design decision. Staff is recommending approval ofthis ordinance as meeting the criteria in the land use code. Charles Cunniffe, representing the applicant, said the streetscape shows this building is not bigger than the surrounding buildings and the applicants believe it is compatible. Cunniffe said the design is not meant to be imitative of the past; this building was built in the 1960's and is not 6 <4shi_ AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY· 5-0--7 P\J · S'd..Ug-4 61,· , Aspen, CO SCHEDULED PUBLIC HEARING DATE: Mwija-1 ·A··uicj il (F 5-toofFy,n '18.11 STATE OF COLORADO ) ) SS. County of Pitkin ) (name, please print) being or representini 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 tile Aspen Land Use Code in the following manner: ./~Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen at least fifteen (15) days prior to the public hearing. A copy of the publication is attached hereto. Posting ofnotice: By posting of notice, which form was obtained from the Community Development Department, which was made of suitable, waterproof materials, which was not less than twenty-two (22) inches wide and twenty-six (26) inches high, and which was composed of letters not less than one inch in height. Said notice was posted at least fifteen (15) days prior to the public hearing and was continuously visible from the day of ,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 narnes and addresses of property owners shall be those on the current tax records of Pitkin County as they appeared no more than sixty (60) days prior to the date of the public hearing. A copy of the 0-wners and governmental agencies so noticed is attached hereto. (Continued on next page) L 4 Rezoning or text amendment: Whenever the official zoning district map is in any way to be changed or amended incidental to or as part of a general revision of this Title, or whenever the text of this Title is to be amended, whether such revision be made by repeal 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 Ablic hearing on such amendments. 62~ - tou~u--~ Signature / The forgoing "Affidavit of Notice" was acknowledged before me this-25- day ~ ofw,Uy , 201£ by KgLA S c-ov-~e--j-- i WITNESS MY HAND AND OFFICIAL SEAL My commission expires: alla] ic e Kal£~ Ruk pat 2-rtfin Notary Public -- -- - 1 014 1.- ro . 4 ,_ ATTACHMENTS AS APPLICABLE: 14.- -- r . t * COPY OF THE PUBLICATION -2 PHOTOGRAPH 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. §24-65.5-103.3 PUBUC NOnCE RE: 507 W. GILLESPIE STREET - ESTABLISH- MENT OF TWO (2) TRANSFERABLE DEVEL- OPMENT RIGHT CERTIFICATES NOTICE IS HEREBY GIVEN that a public hearing will be held on Monday, August 12, 2013, at a meeting to begin at 5:00 p.m. before the Aspen City Council Council Chambers, City Hall, 130 S. Galena St., Aspen, to consider an application sub- mitted by John Row~and and Sarah Broughton, 234 E. Hopkins Ave. Aspen, CO 81611, for the proper- ty located at 507 W. Gillespie Street. The applicant requests approval to establish two (2) historic Transferable Development Right (TDR) certificates for 507 W. Gillespie Street. reducing the allowable floor area for the properly by 250 square teet per TDR. The property is legally described as: Lot B, Gillespie Historic Partners, LLC Lot Line Adiust- ment Plat, recorded March 29.2011 in Plat Book 96 at Page 60; Parcel ID 273512111007. For tur ther information, contact Justin Barker at the City dI Aspen Community Development Department, 130 S. Galena St., Aspen, CO, (970) 429.2797, justin.barker@cityofaspen.corn. 3/ Steven Skadron. Mayor Aspen City Council Publish in The Aspen Times on July 25,2013 .· 9392045 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROVERTY: , Aspen, CO SCHEDULED PUBLIC HEARING DATE: A/1(MAay M<Ust /2 .20 2 0 STATE OF COLORADO ) ) SS. County of Pitkin ) i, 20 kn (20)40-d (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 ~14-- Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen at least fifteen (15) days prior to the public hearing. A copy of the publication is attached hereto. iv/ Posting of notice: By posting of notice, which form was obtained from the Community Development Department, which was made of suitable, waterproof materials, which was not less than twenty-two (22) inches wide and twenty-six (26) inches high, and which was composed of letters not less than one inch in height. Said notice was posted at least fifteen (15) days prior to the public hearing on the 1 2. day of q Jul07 ,2013,to and including the date and time ~ of the public hearing. A-#hotograph of the posted notice (sign) is attached hereto. J Mailing of notice. By the mailing of a notice obtained from the Community Development Department, which contains the information described in Section 26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to the public hearing, notice was hand delivered or mailed by first class postage prepaid U.S. mail to all owners of property within three hundred (300) feet of the property subject to the development application. The names and addresses of property owners shall be those on the current tax records of Pitkin County as they appeared no more than sixty (60) days prior to the date of the public hearing. A copy of the owners and governmental agencies so noticed is attached hereto. 4j << Neighborhood Outreach: Applicant attests that neighborhood outreach, summarized and attached, was conducted prior to the first public hearing as required in Section 26.304.035, Neighborhood Outreach. A copy of the neighborhood outreach summary, including the method of public notification and a copy of any documentation that was presented to the public is attached hereto. (continued on next page) ~ <~ Mineral Estate Owner Notice. By the certified mailing of notice, return receipt requested, to affected mineral estate owners by at least thirty (30) days prior to the date scheduled for the initial public hearing on the application of development. The names and addresses of mineral estate owners shall be those on the current tax records of Pitkin County. At a minimum, Subdivisions, SPAs or PUDs that create more than one lot, new Planned Unit Developments, and new Specially Planned Areas, are subject to this notice requirement. ~(~ Rezoning or text amendment. Whenever the official zoning district map is in any way to be changed or amended incidental to or as part of a general revision of this Title, or whenever the text of this Title is to be amended, whether such revision be made by repeal of this Title and enactment 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. /4 46 Signhittre The foregoing "Affidavit of Notice" was acknowledged before me this l / day of r_k M 2013_, by ~5041 /96 H WITNESS MY HAND AND OFFICIAL SEAL My ~mr*sion expires: 4~/ 9-~/7- ALYSONCEETGAGISH NOTARY PUBLIC STATE OF COLORADO NOTARY ID # 20134023851 \l-Xy/ MY COMMISSION EXPIRES APRI 17 2017 Notary Public ATTACHMENTS AS APPLICABLE: • COPY OF THE PUBLICATION • PHOTOGRAPH OF THE POSTED NOTICE (SIGN) • LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED BY MAIL • APPLICANT CERTIFICATION OF MINERAL ESTAE OWNERS NOTICE AS REQUIRED BY C.R.S. §24-65.5-103.3 Easy Peel® Labels i A Bend along line to ~ ~ AVERY® 5160® | Use Avery® Template 5160® ' Feed Paper expose Pop-up Edge™ A 515 GILLESPIE LLC 600 NORTH STREET LLC AMERY SALADIN PO BOX 10129 1427 CLARKVIEW ROAD # 500 619 N FOURTH ST ASPEN, CO 81612 BALTIMORE, MD 21209 ASPEN, CO 81611 ASPEN FAMILY INVESTMENTS LLC ASPEN INSTITUTE INC CHRIST EPISCOPAL CHURCH 8401 VISTA LN 1000 N THIRD ST 536 W NORTH ST PRESCOTT, AZ 86305 ASPEN, CO 81611 ASPEN, CO 81611 DURAND LOYAL 111 DR & BERNICE COLLINS CHARLES & JANICE S EBRAHIMI FRANCESCA BLACK 531 W GILLESPIE ST 619 N FOURTH ST 415 PEARL CT ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 816111256 FELDER RICHARD & DEBORAH LIV ELLIOTT ELYSE A TRUST FALENDER STEVEN & DEBRA TRUST 610 NORTH ST 603 W GILLESPIE ST 11498 E CAROL WAY ASPEN, CO 81611 ASPEN, CO 81611 SCOTTSDALE, AZ 85259-2620 FOX SAM & MARILYN FRAZER WILLIAM R & JANE Z TRST GOLDSMITH JOHN & BARBARA L 7701 FORSYTH BLVD 433 W GILLESPIE 733 25TH ST CLAYTON, MO 63105 ASPEN, CO 81611 SANTA MONICA, CA 90402-3143 KOLBE EMILY E LEWIS ADAM J TRUST MONTENEGRO GRACE LLC C/O HOOTENANNY LLC 500 S DIXIE HWY #201 444 MADISON AVE 4TH FL 205 S MILL ST #226 CORAL GABLES, FL 33146 NEW YORK, NY 10022 ASPEN, CO 81611 MUSIC ASSOCIATES OF ASPEN INq NITZE WILLIAM A NORTH 4TH STREET ASSOC 225 MUSIC SCHOOL RD 1537 28TH ST NW PO BOX 7943 ASPEN, CO 81611 WASHINGTON, DC 20007 ASPEN, CO 81612 ODOM JOHN A JR FAM TRUST 50°/0 PETERSON JAMES D & HENSLEY R RICHARDS ANN K ODOM LORRIE FURMAN QPRT 50% PO BOX 1714 1537 28TH ST NW 11490 W 38TH AVE ASPEN, CO 81612 WASHINGTON, DC 20007. WHEATRIDGE, CO 80033 SALTER JAMES SMALL ALBERT H JR STUNDA STEVEN R 500 NORTH ST 7311 ARROWOOD RD 602 N 4TH ST ASPEN, CO 81611 BETHESDA, MD 20817 ASPEN, CO 81611-1212 VANDERAA GILBERT T 111 UHLFELDER NAOMI WEST NORTH ASPEN LLC C/O HOOTENANNY LLC 111 EMERSON ST #1841 4049 PENNSYIVANIA AVE #400 205 S MILL ST #226 DENVER, CO 802183792 KANSAS CITY, MO 64111 ASPEN, CO 81611 Etiquettes faciles & peler Repliez 6 la hachure afin de 1 www.avery. com ~ Sens de Utilisez le gabarit AVERY® 5160® i rharnomant ravaler le rebord Pop-upMC ! 1-800-GO-AVERY ! ' 4 £ 5 9,<·12 -':.#* , · 0 1. 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'rte:.gy, 21>42*4111, 1 ·4-i . r . . 4 0,1. ·,> f.· 2 lilli Regular Meeting Aspen City Council Julv 8,2013 Councilman Romero moved to adopt Ordinance #24, Series of 2013, on second reading; seconded by Councilman Daily. Roll call vote; Frisch, yes; Daily, yes; Mullins, yes; Romero, yes; Mayor Skadron, yes. Motion carried. ORDINANCE #25, SERIES OF 2013 - 507 Gillespie Establishment of 2 TDRs Chris Bendon, community development department, proposed continuing this to August 12 because of a publishing mishap. Mayor Skadron opened the public hearing. There were no comments. Mayor Skadron closed the public hearing. Councilwoman Mullins moved to continue Ordinance #25, Series of 2013, to August 12; seconded by Councilman Frisch. All in favor, motion carried. ORDINANCE #23, SERIES OF 2013 - S. Aspen Street Subdivision/PUD Amendment to existing approvals. Jennifer Phelan, community development department, told Council this property is 3 parcels located at the base of Aspen mountain and is 104,000 square feet or 2.39 acres. The property received an approval in 2003 to build 14 free market and 17 affordable housing units and is valid until 2015. Ms. Phelan said since the original approval, there was an application in 2007 for this site for the Lodge at Aspen Mountain, which did not pass. This proposal for amended townhouse development was submitted in 2011 and was for 14 free market and 10 affordable housing units on site with affordable housing at the AABC. Council stated their preference was a lodge on this site and the applicant agreed to pursue a lodge development, after which the applicant withdrew the proposal stating a lodge was not feasible. Ms. Phelan said this proposal is for 14 free market townhouses, 10 affordable housing unit on site housing 18.5 employees and the balance of 27.5 employees would be housed east of the S-curves or by affordable housing credits. Ms. Phelan told Council this project is being reviewed under the code in effect at the time of the submittal, the 2000 land use code. Ms. Phelan presented a slide of the footprint of the two different proposals, the current proposal containing a mix of free market and affordable housing on parcel 1 and free market only on parcels 2 &3. The proposal has the same number of free market units; they are larger. In the original proposal. 46 employees were housed and this proposal has 18.5 employees on site. The Aspen Ski Company has a parking requirement in the site; the original proposal has the garage on the upper parcel, accessed off Juan street. This proposal has the garage on parcel 1 accessed off Garmisch and Dean. Ms. Phelan reiterated Council's preference has been for a lodge on this site; however, there is a vested approval for townhomes in place. The issue is whether Council thinks this proposal is an improvement over the entitlements. P&Z and APCHA have recommended approval; community development staff is not supportive of this amended site plan because of the reduction in density. Ms. Phelan pointed out the old approvals meet the growth management standards for replacement; the developer at the time offered to provide additional affordable housing on site and staff feels that density is appropriate for the site. 1 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (IE), ASPEN LAND USE CODE ADDRESS OF PROPERTY: 507 1AJ· (Ii{ 11-€Sr-L SP , Aspen, CO SCHEDULED PUBLIC HEARING DATE: MUE) 1.31~ 5 € 5: 00 f p.0 ' 2013- STATE OF COLORADO ) ) SS. County of Pitkin ) I, 9506»„-e/-\ (name, please print) being or representing'an Applicant to the City of Aspen, Colorado, hereby personally certify ihat I have complied with the public notice requirements of Section 26.304.060 , (E) of the Aspen Land Use Code in the following manner: v Publication ofnotice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City o f Aspen at least fifteen (15) days prior to the public hearing. A copy of the publication is attached hereto. Posting of notice: By posting of notice, which form was obtained from the Com.munity Development Department, which was made of suitable, waterproof materials, which was not less than twenty-two (22) inches wide and twenty-six (26) inches high, and which was composed of letters not less than one inch in height. Said notice was posted at least fifteen (15) days prior to the public hearing and was continuously visible from the day of , 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 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 of the 0-wners and governmental agencies so noticed is attached hereto. (Continued on next page) 4 4 Rezoning or text amendment.- Whenever the official zoning district map is in any way to be changed or amended incidental to or as part of a general revision of this Title, or whenever the text of this Title is to be amended, whether such revision be made by repeal 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. p*Ag-elts,1 3 6%--~~'~--3 Signature The foregoing "Affidavit of Notice" was acknowledged before me this 20 day of j.r,vr.2.- , 2033, by ,4-vlve--C« Se<_r-L-\ U WITNESS MY HANI) AND OFFICIAL SEAL My commission expires: 2.1 1 €11 'lo I LA/vl 0[-34,9 Notary Public C. 4 EL ..4 : r. r ATTACHMENTS AS APPLICABLE: * COPY OF THE, PUBLICATION * PHOTOGRAPH 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. §24-65.5-103.3 PUBLIC NOnCE RE: 507 W. GILLESPIE STREET - ESTABLISH- MENT OF TWO (2) TRANSFERABLE DEVEL- OPMENT RIGHT CERTIFICATES NOTICE IS HEREBY GIVEN that a public hearing will be held on Monday. July 8,2013, at a meeting to begin at 5:00 p.m. before the Aspen City Coun- cil Council Chambers, City Hall. 130 S. Galena St. Aspen, to consider an application submitted by John Rowland and Sarah Broughton, 234 E. Hop- kins Ave. Aspen, CO 81611, for the property locat- ed at 507 W. Gillespie Street. The applicant re- guests approval to establish two (2) historic Transferable Development Right certificates for 507 W. Gillespie Street, reducing the allowable floor area for the property by 500 square feet. The property is legally described as: Lot B, Gillespie Historic Partners, LLC Lot Line Adjustment Plat, recorded March 29,2011 in Plat Book 96 at Page 60 Parcel ID #2735-121-11-007. For further in- formation, contact Justin Barker at the City of As- pen Community Development Department, 130 S. Galena St., Aspen, CO, (970) 429.2797, justin.barker@cityofaspen.com. 0/ Steve Skadron, Mayor Ampen City Council Publish in The Aspen Times Weekly on June 20 2013.19283027] mm MEMORANDUM TO: Mayor and Aspen City Council 11 i THRU: Chris Bendon, Community Development Director 01/lw1 FROM: Justin Barker, Planner RE: 507 W. Gillespie Street - Establishment of Two (2) Transferable Development Rights, Second Reading of Ordinance #25, Series of 2013 MEETING DATE: July 8, 2013 SUMMARY: The subject property is a 5,086 square foot vacant lot. 507 W. Gillespie Street k r.-t,-,*~011*-,11,1 :T , 4 1 0,5 5 UN h.6-P 1 419=9¥..d-Il='¥&*-- ........1 ... is a historic designated site that was originally a -4tt.* - part of 515 W. Gillespie (the property to the i* ~ 5 1 pl 217 =tzu~ ~5~ thi*2 i ' 1 1 0.1 1 N.. .1 k was originally on 507 W. Gillespie and was '----: *> 4469i- r -.-i ..4 relocated as part of the lot split. The property lili. 4.- was originally created at 4,572 square feet, with 1 ~ 2 an allowable FAR of 2,840 square feet. In March 2011, a lot line adjustment added square 47 .... footage from the properties to the east, arl increasing the total lot area to 5,086 square feet , . The established allowable FAR from the lot split was not changed by this lot size increase. The applicant requests City Council approval to establish two (2) historic Transferable Development Rights certificates for this property, reducing the allowable floor area for 507 W. Gillespie by 500 square feet. Council is the decision-making authority on the establishment of TDRs. APPLICANTS: John Rowland & Sarah Broughton. PARCEL ID: 2735-121-11-007. ADDRESS: 507 W. Gillespie Street, Lot B, Gillespie Historic Partners, LLC Lot Line Adjustment Plat, recorded March 29,2011 in Plat Book 96 at Page 60. ZONING: R-6, Medium-density Residential. Page 1 of 3 PRIOR APPROVALS: o Historic Preservation Commission (HPC) Approvals ' In 2001, HPC approved partial demolition, relocation of the existing house and a 500 square foot FAR bonus for 515 W. Gillespie. . In 2007, HPC granted Final Major Development approval. 1 . On June 12,2013, HPC granted Amendment to Final Major Development approval, reducing the approved FAR to 2,339 square feet. o City Council Approvals . In 2001, City Council approved a historic landmark designation and historic landmark lot split for the property.2 507 West Gillespie (Lot B) was established with an FAR of 2,840 square feet, prior to applicable lot area reductions. . In 2010, City Council approved an extension of vested rights from HPC Resolution No. 35, Series of 2007 through September 9,2013.3 STAFF EVALUATION: ' The purpose of a TDR is to encourage the preservation of Historic Landmarks within the City of Aspen by permitting those property owners to sever and convey, as a separate development right, undeveloped Floor Area to be developed on a different and non- historic property within the City of Aspen. Each TDR comprises 250 square feet of Floor Area. The TDR program enables standard market forces, and the demand for floor area and increased unit sizes in specific zone districts, to accomplish a community goal of preserving Aspen's heritage as reflected in its built environment. Funds that are gained from the sale of TDRs may be invested back into the landmark. . The applicant requests approval from City Council to sever an additional 500 square feet of unbuilt Floor Area from the property in the form of two (2) TDR certificates. No previous TDRs have been established for this property. After the approved development order is acted upon, the resultant unbuilt FAR after the severance of two TDRs will be 2,340 square feet. . The review criteria found in Exhibit A analyze the existing built development on the property against the maximum allowable floor area to determine the amount of unbuilt development that can be turned into TDRs. Development that already received approval is also analyzed as part of the review process for establishing TDRs.4 The property must be a local landmark, i.e. listed on Aspen's Inventory of Historic Sites and Structures, to establish TDRs. 1 HPC Resolution 35, Series of 2007. 2 City Council Ordinance 20, Series of 2001. 3 City Council Resolution 88, Series of 2010. 4 See Exhibit A, criterion d. Page 2 of 3 Floor Area Analvsis for 507 W. Gillespie Avenue: Total allowablefloor area.for a 5,086 square [2,400 + (2,086/100*28)1 = 2,984 square foot lot single family residence in R-6 zone feet allowable floor area district Total allowable floor area per Ordinance 20, 2,840 squarefeet allowable floor area for Series of 2001 507 W. Gillespie Avenue 2,840 square feet unbuiltfloor area Available unbuilt floor area (vacant lot) Approved floor area per HPC Approval 2,339 square feet floor area approved June 2013 Approve the establishment of 2 TDR [2,840-(250*2)1 - 2,340 squarefeet certificates at 250 square feet each remaining unbuilt.floor area after severance of TDRs STAFF RECOMMENDATION: In reviewing the proposal, Staff finds that the project meets the applicable review criteria to Establish Transferable Development Rights and recommends approval of the two (2) TDR certificates. PROPOSED MOTION 0111 motions are worded in the affirmative): "1 move to approve Ordinance No. 25, Series of 2013, establishing two (2) Transferable Development Rights Certificates for 507 W. Gillespie." CITY MANAGER COMMENTS: ATTACHMENTS: Exhibit A - Review Criteria Exhibit B - Application Page 3 of 3 ORDINANCE #25 (Series of 2013) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO APPROVING TWO (2) TRANSFERABLE DEVELOPMENT RIGHTS FOR THE PROPERTY LOCATED AT 507 W. GILLESPIE STREET, LOT B, GILLESPIE HISTORIC PARTNERS, LLC LOT LINE ADJUSTMENT PLAT, RECORDED MARCH 29,2011 IN PLAT BOOK 96 AT PAGE 60. PARCEL ID #:2735-121-11-007 WHEREAS, the Community Development Department received an application from John Rowland and Sarah Broughton, requesting the establishment of two (2) Historic Transferable Development Right Certificates for the property located at 507 West Gillespie Street, Lot B, Gillespie Historic Partners, LLC Lot Line Adjustment Plat, recorded March 29, 2011 in Plat Book 96 at Page 60; and WHEREAS, the subject property is zoned Medium-density Residential (R-6) and is currently a vacant lot; and WHEREAS, for City Council approval of Transferable Development Rights, the application shall meet the requirements of Municipal Code Section 26.535.070; and WHEREAS, Justin Barker, Planner, in his staff report to City Council, performed an analysis of the application, found that the review standards for Transferable Development Rights are met, and recommended approval; and WHEREAS, the City Council finds that the proposal meets or exceeds all applicable development standards and that the approval of the development proposal is consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS, the City Council finds that this Ordinance furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, THAT: Section 1: Transferable Development Rights Pursuant to the findings set forth in Section 1, above, the City Council does hereby authorize the grant of two (2) Transferable Development Rights for 507 West Gillespie Street, with the following conditions: 1. Upon satisfaction of all requirements, the city and the applicant shall establish a date on which the respective Historic TDR Certificates shall be validated and issued by the City and a deed restriction on the property shall be accepted by the City and filed with the Pitkin County Clerk and Recorder. 507 W. Gillespie Ordinance #25, Series of 2013 Page 1 of 3 2. On the mutually agreed upon date, the Mayor of the City of Aspen shall execute and deliver the applicable number of Historic TDR Certificates to the property owner and the property owner shall execute and deliver a deed restriction lessening the available development right of the Sending Site (507 West Gillespie Street, Lot B, Gillespie Historic Partners, LLC Lot Line Adjustment Plat, recorded March 29, 2011 in Plat Book 96 at Page 60) by 250 square feet per TDR together with the appropriate fee for recording the deed restriction with the Pitkin County Clerk and Recorder's Office. Section 2: Severabilitv If any section, subsection, sentence, clause, phrase or portion ofthis ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. Section 3: Existing Litigation This ordinance shall not have any effect on existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances amended as herein provided, and the same shall be construed and concluded under such prior ordinances. Section 4: Vested Rights The Land Use entitlements granted herein shall be vested for a period of three (3) years from the date of issuance of a development order. However, any failure to abide by any of the terms and conditions attendant to this approval shall result in the forfeiture of said vested property rights. Unless otherwise exempted or extended, failure to properly record all plats and agreements required to be recorded, as specified herein, within 180 days of the effective date of the development order shall also result in the forfeiture of said vested property rights and shall render the development order void within the meaning of Section 26.104.050 (Void permits). Zoning that is not part of the approved site-specific development plan shall not result in the creation of a vested property right. No later than fourteen (14) days following final approval of all requisite reviews necessary to obtain a development order as set forth in this Ordinance, including Final Major Development and Commercial Design Reviews by the HPC, 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, valid for a period of three (3) years, 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: 507 W. Gillespie Street, Lot B, Gillespie Historic Partners, LLC Lot Line Adjustment Plat, recorded March 29,2011 in Plat Book 96 at Page 60. Nothing in this approval shall exempt the development order from subsequent reviews and approvals required by this approval of the general rules, regulations and ordinances or the City of Aspen provided that such reviews and approvals are not inconsistent with this approval. 507 W. Gillespie Ordinance #25, Series of 2013 Page 2 of 3 The approval granted hereby shall be subject to all rights of referendum and judicial review; the period of time permitted by law for the exercise of such rights shall not begin to run until the date of publication of the notice of final development approval as required under Section 26.304.070(A). The rights of referendum shall be limited as set forth in the Colorado Constitution and the Aspen Home Rule Charter. Section 5: Public Hearing A public hearing on the ordinance shall be held on the 8th day of July, 2013, in the City Council Chambers, Aspen City Hall, Aspen, Colorado, fifteen (15) days prior to which hearing a public notice of the same was published in a newspaper of general circulation within the City of Aspen. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the 24th day of June, 2013. Steven Skadron, Mayor ATTEST: Kathryn Koch, City Clerk FINALLY, adopted, passed and approved this day of , 2013. Steven Skadron, Mayor ATTEST: Kathryn Koch, City Clerk APPROVED AS TO FORM: Jim True, City Attorney 507 W. Gillespie Ordinance #25, Series of 2013 Page 3 of 3 i . C' EXHIBIT A Section 26.535.070 Review Criteria for Establishment of Historic Transferable Development Right. a. .. A Historic TDR Certificate may be established by the Mayor of the City of Aspen if the City Council, pursuant to adoption of an ordinance, finds all the following standards met: a) The Sending Site is a Historic Landmark or property identified on the AspenModern Map, on which the development of a single-family or duplex residence is a permitted use, pursuant to Chapter 26.710. Properties on which such development is a · conditional use shall not be eligible. Staff Finding: The proposed 5,086 square foot sending site is located within the Medium-density Residential (R-6) zone district, which allows residential single-family use. The sending site is a designated Historic Landmark, listed on the Aspen Inventory of Historic Landmark Sites and Structures and is a vacant lot. Stafffinds this criterion to be met. b) It is demonstrated that the Sending Site has permitted unbuilt development rights, for either a single-family or duplex home, equaling or exceeding two-hundred and fifty (250) square feet of Floor Area multiplied by the number of Historic TDR Certificates requested. Staff Finding: The subject property has a total allowable FAR of 2,840 square feet per Ordinance No. 20, Series of 2001. The lot is vacant, leaving all 2,840 square feet ofjloor area unbuilt on the site. Statffinds this criterion to be met. c) It is demonstrated that the establishment of TDR Certificates will not create a nonconformity. In cases where nonconformity already exists, the action shall not increase the specific nonconformity. Staff Finding: The establishment of two TDRs will not create or increase a non- conformity. Sta#finds this criterion to be met. d) The analysis of unbuilt development right shall only include the actual built development, any approved development order, the allowable development right prescribed by zoning for a single-family or duplex residence, and shall not include the potential of the Sending Site to gain Floor Area bonuses, exemptions, or similar potential development incentives. Staff Finding: This is a two part analysis: 1) actual built development, i.e. the existing condition of the property and 2) approved development. Exhibit A 507 W. Gillespie Page 1 of 3 Analvsis of actual built development: There is currently no development that exists on the lot. Per Ordinance No. 20, Series of 2001, the lot currently has an allowable floor area of 2,840 remaining to develop. Analvsis of approved development: The development proposal that was approved in 2007 received an extension of vested rights per City Council Resolution No. 88, Series of 2010 lasting through September 9, 2013. The floor area of this approval was 2,760 square feet. The development proposal received an Amendment to Final Major Development approval from HPC on June 12, 2013. The new approvedfloor area is 2,339 square feet. Severing two (2) TDRs from the site will leave 2,340 squarefeet of allowable floor area. Stafffinds this criterion to be met. e) Any development order to develop Floor Area, beyond that remaining legally connected to the property after establishment of TDR Certificates, shall be considered null and void. Staff Finding: The development order for the approval from 2007 has been amended to reduce the floor area to 2,339. This would be within the limitations Of the property after establishment of two TDR Certificates. Stafffinds this criterion to be met. f) The proposed deed restriction permanently restricts the maximum development of the property (the sending site) to an allowable floor area not exceeding the allowance for a single-family or duplex residence minus two hundred and fifty (250) square feet of floor area multiplied by the number of historic TDR certificates established. The deed restriction shall not stipulate an absolute floor area, but shall stipulate a square footage reduction from the allowable floor area for a single-family or duplex residence, as may be amended from time to time. The sending site shall remain eligible for certain floor area incentives and/or exemptions as may be authorized by the City Land Use Code, as may be amended from time to time. The form of the deed restriction shall be acceptable to the City Attorney. Staff Finding: The applicant clearly states an understanding of this standard * in the application. Stafffinds this criterion to be met. g) A real estate closing has been scheduled at which, upon satisfaction of all relevant requirements, the City shall execute and deliver the applicable number of historic TDR certificates to the sending site property owner and that property owner shall execute and deliver a deed restriction lessening the available development right of the subject property together with the appropriate fee for recording the deed restriction with the County Clerk and Recorder's office. Staff Finding: The application demonstrates a clear understanding of the requirements of section (g). Statffinds this criterion to be met. Exhibit A 507 W. Gillespie Page 2 of 3 h) It shall be the responsibility of the sending site property owner to provide building plans and a zoning analysis of the sending site to the satisfaction of the Community Development Director. Certain review fees may be required for the confirmation of built floor area. Staff Finding: There is currently no built floor area on the property as it is a vacant lot. Sta#finds this criterion to be met. i) The sale, assignment, conveyance or other transfer or change in ownership of transferable development rights certificates shall be recorded in the real estate records of the Pitkin County Clerk and Recorder and must be reported by the grantor to the City of Aspen Community Development Department within five (5) days of such transfer. The report of such transfer shall disclose the certificate number, the grantor, the grantee and the total value of the consideration paid for the certificate. Failure to timely or accurately report such transfer shall not render the transferable development right certificate void. Staff Finding: The application demonstrates a clear understanding of the requirements of section (i). Stafffinds this criterion to be met. Exhibit A 507 W. Gillespie Page 3 of 3 MEMORANDUM TO: Mayor and Aspen City Council THRU: Chris Bendon, Community Development Director/.7 4 - UVf¥Fj FROM: Justin Barker, Planner RE: 507 W. Gillespie Street - Establishment of Two (2) Transferable Development Rights, First Reading of Ordinance #_, Series of 2013, Second Reading is scheduled for July 8,2013 MEETING DATE: June 24, 2013 SUMMARY: The subject property is a 5,086 square foot vacant lot. 507 W. Gillespie Street is a historic designated site that was originally a part of 515 W. Gillespie (the property to the *' 1 0 4. *g .'·t. west) and was created as part of a historic lot ~ split in 2001. The house on 515 W. Gillespie was originally on 507 W. Gillespie and was E.1 relocated as part of the lot split. The property was originally created at 4,572 square feet, with ~ ..0 1 an allowable FAR of 2,840 square feet. In 4 9 March 2011, a lot line adjustment added square ..:91 footage from the properties to the east, 4 . increasing the total lot area to 5,086 square feet. 4 d,A 1, ....S'* le m. The established allowable FAR from the lot split was not changed by this lot size increase. The applicant requests City Council approval to establish two (2) historic Transferable Development Rights certificates for this property, reducing the allowable floor area for 507 W. Gillespie by 500 square feet. Council is the decision-making authority on the establishment of TDRs. APPLICANTS: John Rowland & Sarah Broughton. PARCEL ID: 2735-121-11-007. ADDRESS: 507 W. Gillespie Street, Lot B, Gillespie Historic Partners, LLC Lot Line Adjustment Plat, recorded March 29,2011 in Plat Book 96 at Page 60. ZONING: R-6, Medium-density Residential. Page 1 of 3 PRIOR APPROVALS: o Historic Preservation Commission (HPC) Approvals • In 2001, HPC approved partial demolition, relocation of the existing house and a 500 square foot FAR bonus for 515 W. Gillespie. • In 2007, HPC granted Final Major Development approval. i • On June 12, 2013, HPC granted Amendment to Final Major Development approval, reducing the approved FAR to 2,339 square feet. o City Council Approvals • In 2001, City Council approved a historic landmark designation, floor area bonus and historic landmark lot split for the property.2 507 West Gillespie (Lot B) was established with an FAR of 2,840 square feet, prior to applicable lot area reductions. • In 2010, City Council approved an extension of vested rights from HPC Resolution No. 35, Series of 2007 through September 9,2013.3 STAFF EVALUATION: • The purpose of a TDR is to encourage the preservation of Historic Landmarks within the City of Aspen by permitting those property owners to sever and convey, as a separate development right, undeveloped Floor Area to be developed on a different and non- historic property within the City of Aspen. Each TDR comprises 250 square feet of Floor Area. The TDR program enables standard market forces, and the demand for floor area and increased unit sizes in specific zone districts, to accomplish a community goal of preserving Aspen's heritage as reflected in its built environment. Funds that are gained from the sale of TDRs may be invested back into the landmark. • The applicant requests approval from City Council to sever an additional 500 square feet of unbuilt Floor Area from the property in the form of two (2) TDR certificates. No previous TDRs have been established for this property. After the approved development order is acted upon, the resultant unbuilt FAR after the severance of two TDRs will be 2,340 square feet. • The review criteria found in Exhibit A analyze the existing built development on the property against the maximum allowable floor area to determine the amount of unbuilt development that can be turned into TDRs. Development that already received approval is also analyzed as part of the review process for establishing TDRs.4 The property must be a local landmark, i.e. listed on Aspen's Inventory of Historic Sites and Structures, to establish TDRs. ' HPC Resolution 35, Series of 2007. 2 City Council Ordinance 20, Series of 2001. 3 City Council Resolution 88, Series of 2010. 4 See Exhibit A, criterion d. Page 2 of 3 Floor Area Analysis for 507 W. Gillespie Avenue: Total allowable floor area for a 5,086 square [2,400 + 0,086/100*28)1 = 2,984 square foot lot single family residence in R-6 zone feet alto-wable floor area district · Total allowable floor area per Ordinance 20, 2,840 square feet allowable floor area for Series of 2001 507 W. Gillespie Avenue 2,840 square feet unbuilt floor area Available unbuilt floor area (vacant lot) Approved floor area per HPC Approval 2,399 square feet floor area approved June 2013 Approve the establishment of 2 TDR [2,840 - (250*2)1 - 2,340 square feet certificates at 250 square feet each remaining unbuilt floor area after severance of TDRs STAFF RECOMMENDATION: In reviewing the proposal, Staff finds that the project meets the applicable review criteria to Establish Transferable Development Rights and recommends approval of the two (2) TDR certificates. PROPOSED MOTION (All motions are worded in the affirmative)'. 1 move to approve Ordinance No. , Series of 2013, on First Reading." CITY MANAGER COMMENTS: ATTACHMENTS: Exhibit A - Review Criteria Exhibit B - Application Page 3 of 3 ORDINANCE # (Series of 2013) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO APPROVING TWO (2) TRANSFERABLE DEVELOPMENT RIGHTS FOR THE PROPERTY LOCATED AT 507 W. GILLESPIE STREET, LOT B, GILLESPIE HISTORIC PARTNERS, LLC LOT LINE ADJUSTMENT PLAT, RECORDED MARCH 29,2011 IN PLAT BOOK 96 AT PAGE 60. PARCEL ID #:2735-121-11-007 WHEREAS, the Community Development Department received an application from John Rowland and Sarah Broughton, requesting the establishment of two (2) Historic Transferable Development Right Certificates for the property located at 507 West Gillespie Street, Lot B, Gillespie Historic Partners, LLC Lot Line Adjustment Plat, recorded March 29, 2011 in Plat Book 96 at Page 60; and WHEREAS, the subject property is zoned Medium-density Residential (R-6) and is currently a vacant lot; and WHEREAS, for City Council approval of Transferable Development Rights, the application shall meet the requirements of Municipal Code Section 26.535.070; and WHEREAS, Justin Barker, Planner, in his staff report to City Council, performed an analysis of the application, found that the review standards for Transferable Development Rights are met, and recommended approval; and WHEREAS, the City Council finds that the proposal meets or exceeds all applicable development standards and that the approval of the development proposal is consistent with the goals and elements ofthe Aspen Area Community Plan; and, WHEREAS, the City Council finds that this Ordinance furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, THAT: Section 1: Transferable Development Rights Pursuant to the findings set forth in Section 1, above, the City Council does hereby grant two (2) Transferable Development Rights for 507 West Gillespie Street, with the following conditions: 1. Upon satisfaction of all requirements, the city and the applicant shall establish a date on which the respective Historic TDR Certificates shall be validated and issued by the City and a deed restriction on the property shall be accepted by the City and filed with the Pitkin County Clerk and Recorder. 507 W. Gillespie Ordinance #_, Series of 2013 Page 1 of 3 2. On the mutually agreed upon date, the Mayor of the City of Aspen shall execute and deliver the applicable number of Historic TDR Certificates to the property owner and the property owner shall execute and deliver a deed restriction lessening the available development right of the Sending Site (507 West Gillespie Street, Lot B, Gillespie Historic Partners, LLC Lot Line Adjustment Plat, recorded March 29, 2011 in Plat Book 96 at Page 60) by an additional 500 square feet together with the appropriate fee for recording the deed restriction with the Pitkin County Clerk and Recorder' s Office. Section 2: Severability If any section, subsection, sentence, clause, phrase or portion ofthis ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. Section 3: Existing Litigation This ordinance shall not have any effect on existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances amended as herein provided, and the same shall be construed and concluded under such prior ordinances. Section 4: Vested Rights The Land Use entitlements granted herein shall be vested for a period of three (3) years from the date of issuance of a development order. However, any failure to abide by any of the terms and conditions attendant to this approval shall result in the forfeiture of said vested property rights. Unless otherwise exempted or extended, failure to properly record all plats and agreements required to be recorded, as specified herein, within 180 days of the effective date of the development order shall also result in the forfeiture of said vested property rights and shall render the development order void within the meaning of Section 26.104.050 (Void permits). Zoning that is not part of the approved site-specific development plan shall not result in the creation of a vested property right. No later than fourteen (14) days following final approval of all requisite reviews necessary to obtain a development order as set forth in this Ordinance, including Final Major Development and Commercial Design Reviews by the HPC, 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, valid for a period of three (3) years, 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: 507 W. Gillespie Street, Lot B, Gillespie Historic Partners, LLC Lot Line Adjustment Plat, recorded March 29,2011 in Plat Book 96 at Page 60. 507 W. Gillespie Ordinance #_, Series of 2013 Page 2 of 3 Nothing in this approval shall exempt the development order from subsequent reviews and approvals required by this approval o f the general rules, regulations and ordinances or the City o f Aspen provided that such reviews and approvals are not inconsistent with this approval. The approval granted hereby shall be subject to all rights of referendum and judicial review; the period of time permitted by law for the exercise of such rights shall not begin to run until the date of publication of the notice of final development approval as required under Section 26.304.070(A). The rights of referendum shall be limited as set forth in the Colorado Constitution and the Aspen Home Rule Charter. Section 5: Public Hearing A public hearing on the ordinance shall be held on the 8th day of July, 2013, in the City Council Chambers, Aspen City Hall, Aspen, Colorado, fifteen (15) days prior to which hearing a public notice of the same was published in a newspaper of general circulation within the City of Aspen. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council ofthe City of Aspen on the 24th day of June, 2013. Steve Skadron, Mayor ATTEST: Kathryn Koch, City Clerk FINALLY, adopted, passed and approved this day of , 2013. Steve Skadron, Mayor ATTEST: Kathryn Koch, City Clerk APPROVED AS TO FORM: Jim True, City Attorney 507 W. Gillespie Ordinance #_, Series of 2013 Page 3 of 3 EXHIBIT A Section 26.535.070 Review Criteria for Establishment of Historic Transferable Development Right. A Historic TDR Certificate may be established by the Mayor of the City of Aspen if the City Council, pursuant to adoption of an ordinance, finds all the following standards met: a) The Sending Site is a Historic Landmark or property identified on the AspenModern Map, on which the development of a single-family or duplex residence is a permitted use, pursuant to Chapter 26.710. Properties on which such development is a conditional use shall not be eligible. Staff Finding: The proposed 5,086 square foot sending site is located within the Medium-density Residential (R-6) zone district, which allows residential single-family use. The sending site is a designated Historic Landmark, listed on the Aspen Inventory of Historic Landmark Sites and Structures and is a vacant lot. Stafffinds this criterion to be met. b) It is demonstrated that the Sending Site has permitted unbuilt development rights, for either a single-family or duplex home, equaling or exceeding two-hundred and fifty (250) square feet of Floor Area multiplied by the number of Historic TDR Certificates requested. Staff Finding: The subject property has a total allo-wable FAR of 2,840 square feet per Ordinance No. 20, Series of 2001. The lot is vacant, leaving atl 2,840 square feet offloor area unbuilt on the site. Staff.finds this criterion to be met. c) It is demonstrated that the establishment of TDR Certificates will not create a nonconformity. In cases where nonconformity already exists, the action shall not increase the specific nonconformity. Staff Finding: The establishment of two TDRs will not create or increase a non- conformity. Sta#finds this criterion to be met. d) The analysis of unbuilt development right shall only include the actual built development, any approved development order, the allowable development right prescribed by zoning for a single-family or duplex residence, and shall not include the potential of the Sending Site to gain Floor Area bonuses, exemptions, or similar potential development incentives. Staff Finding: This is a two part analysis: 1) actual built development, i.e. the existing condition of the property and 2) approved development. Exhibit A 507 W. Gillespie Page 1 of 3 Analvsis ofactual built development: There is currently no development that exists on the lot. Per Ordinance No. 20, Series of 2001, the lot currently has an allowable floor area of 2,840 remaining to develop. Analysis of approved development: The development proposal that was approved in 2007 received an extension ofvested rights per City Council Resolution No. 88, Series of 2010 lasting through September 9, 2013, The floor area of this approval was 2,760 square feet. The development proposal received an Amendment to Final Major Development approval from HPC on June 12, 2013. The new approved floor area is 2,339 square feet. Severing two (2) TDRs from the site will leave 2,340 square feet of allowable floor area. Stafffinds this criterion to be met. e) Any development order to develop Floor Area, beyond that remaining legally connected to the property after establishment of TDR Certificates, shall be considered null and void. Staff Finding: The development order for the approval from 2007 has been amended to reduce the floor area to 2,339. This would be within the limitations ofthe property after establishment of two TDR Certificates. Stafffinds this criterion to be met. f) The proposed deed restriction permanently restricts the maximum development of the property (the sending site) to an allowable floor area not exceeding the allowance for a single-family or duplex residence minus two hundred and fifty (250) square feet of floor area multiplied by the number of historic TDR certificates established. The deed restriction shall not stipulate an absolute floor area, but shall stipulate a square footage reduction from the allowable floor area for a single-family or duplex residence, as may be amended from time to time. The sending site shall remain eligible for certain floor area incentives and/or exemptions as may be authorized by the City Land Use Code, as may be amended from time to time. The form of the deed restriction shall be acceptable to the City Attorney. Staff Finding: The applicant clearly states an understanding of this standard * in the application. Stafffinds this criterion to be met. g) A real estate closing has been scheduled at which, upon satisfaction of all relevant requirements, the City shall execute and deliver the applicable number of historic TDR certificates to the sending site property owner and that property owner shall execute and deliver a deed restriction lessening the available development right of the subject property together with the appropriate fee for recording the deed restriction with the County Clerk and Recorder's office. Staff Finding: The application demonstrates a clear understanding of the requirements of section (g). Stafffinds this criterion to be met. Exhibit A 507 W. Gillespie Page 2 of 3 h) It shall be the responsibility of the sending site property owner to provide building plans and a zoning analysis of the sending site to the satisfaction of the Community Development Director. Certain review fees may be required for the confirmation of built floor area. Staff Finding: There is currently no built floor area on the property as it is a vacant lot. Stafffinds this criterion to be met. i) The sale, assignment, conveyance or other transfer or change in ownership of transferable development rights certificates shall be recorded in the real estate records of the Pitkin County Clerk and Recorder and must be reported by the grantor to the City of Aspen Community Development Department within five (5) days of such transfer. The report of such transfer shall disclose the certificate number, the grantor, the grantee and the total value of the consideration paid for the certificate. Failure to timely or accurately report such transfer shall not render the transferable development right certificate void. Staff Finding: The application demonstrates a clear understanding of the requirements of section (i). Staffinds this criterion to be met. Exhibit A 507 W. 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Sur¥~ed 1%-tons f - - Post 0111'e 80. :735 A.98 ; 1 Title ~No: 2 1- Aspen Colorado 816•2 -- =-- u.-~ - 870 9 05 2688 0- 1 6 /2.-4 4, Cl) '/ 0,1 14 9 . / A 'tle' il ,~ -/1 Ill 1 4 ~ 0~ &8 ,- - ~ .F t :2- 94 1 . *. 1 A GiLLESP~z N LOT L A NOTES 1--0 NO ADDITIONAL F.A.R. WILL BE KLOIED WITH THIS LOT LINE ADJUSTI€NT ~ ™E ·/- SI 5 SOUARE FEET BEING CONVEYED TO LOT B SHALL. NOT INCREASI~ THE FLOOR AREA OF LOT B 0 10 20 ' ... · -_.Al THE RECORD LOT SIZES OF 7.078 SQUARE FEET FOR THE ODOM PROPERTY AND 6.329.5 SOUARE FEET FOR THE UHLFELDER PROPERTY ARE ACCURATE AND ARE THE LOT SIZES AFTER THE LOT L INE MUSTMENT AND CONVEYINCES REGARDING - SAME VICINITY MAP 1--400- rf) -i -:*, \\''t. 4--C 'i. *7 ~t« ie Ck= 0 [: <1 - %®c! BLUE 9ED 1/29 9184 '1 --- fl 7 i 'r,L/- -- i rr-L • *©4utttOrfqw 1 1 1'~0~ 21 -4-i l~2~4-itrdpor COLLINS PROPERTY LEGEND SUR/EY MONUMENT AS DESCRIBED UTILITY BOX SURVEY CO/TROL FENCE TITLE IFORMATION FURNISHED BY: PITKIN COUNTY TITLE. INC. NUMBER: PCTI21067PR0 DATED: NOVEMBER 17. 2006 MANHOLE WATER VALVE CALLS,N ( ) RECORD LAND TO BE CONVEYED FROM ODOM AND UHLFELDER TO GILLESPIE HISTORIC PARTNERS. LLC flu 01 0 - ODOM & UHLFELDER TO GILLESPIE HISTORIC PARTNERS. LLC ------ RED !6129 A STRIP OF LAK SITUATED l N BLOCK 99, HALLAM·S ADDITION TO THE CITY oF ASPEN. 91 TKiN COUNTY. COLORADO. LYING EASTERLY OF IND INICENT TO LOT 8. BECK HI STOR I LOT SPLi T AS 5 HOWN ON[ THE PLAT RECORDED IN PLAT BOOK 58 AT PAGE 40 OF THE REAL ESTATE RECORDS OF PITKI N COUNTY. COLORADO. DESCR 1 @ED AS FOLLOWS: BEGJNNING AT A POINT BE: NG THE SOUTHEAST CORNER OF SAID LOT B. BECK HISTORIC LOT SPL:T. THENCE N 00·00· E 127.66 FEET ALONG THE EASTERLY INE OF SA:D LOT B. BECK HISTORIC LOT SPLIT TO THE NORTHEAST CORNER: THENCE S 66'·4· E 4.42 FEET ALONG THE SOUTHERLY LINE OF GILLESP E AVENUE: THENCE S 00 00· W ~27.37 FEET TO THE NORTHERLY LINE OF THE ALLEY oF BLOCK 99. HALLAM·S ADDITION ACCORDING TO THE BECK HISTOR C LOT SPLIT: THENCE N 69·45·58' W 4.31 FEET -0 THE POINT OF BEGINNING. CONTAIN'NG 5 I 5 SQUARE FEET MORE OR .ESS U:8*3*EE°£107'?i?FEM¢~3%10. i.EXWOW"ley/3* SE)Nlilla -10 5 1 5¥8 (.,8./11 HINON) 1.00 RECEPTI~N'11~7121.1~3/~19~~ai~ 1 at 11:19:04 AM, 1, R 511.00 Janice County, CO PLAT BK 6 PG 60 ~€' 8 44 P (OD OWNER-S CERTIF CATE KNOW ALL MEN BY THESE PRESENTS TH•T GKLIESPNE HJSTOR IC PARTNERS LLC. JOHN ALBERT oDOM. JR. & LORRIE FORMAN ODOM AND NAOMI UHLFELDER. ORIC PARTNERS LLC BEING THE RECORD OWNERS OF CERTAIN LIND IN THE CITY oF ASPEN. PITIN COUNTY. COLORADO DO HEREBY CONSENT TO THE RECORDING OF THE GILLESPIE HISTORIC PARTNERS. LLC LINE ADJUSTMAT PLAT AS LAID OUT AND PLATTED INTO THE LOTS SHO~ HEREIN Gi LLESP]E HI STOR IC PARTNERS uLC AS OWNER OF THE FOLLOING LAND LOT B. BECK HISTORIC SUBDIVISi ON. IS SET FORTH ON THE FINAL PLAT DJUSTMENT PLAT THEREOF RECORDED ON AUGUST 13. 200, IN PLAT BOOK 58 AT PAGE 40 AS RECEPTION NO. 457450 EXE~TED. TH 1 40£~ -3ff- DAY OF 2001- RANbALL-BONE GILLESPIE HISTORLC PARTNERS LLC EMENT: STATE OF COLORADO ) r - TA -9/~ 6 3, /--5219 CORRECT SURVEY ERRORS ).. TO LOT B OF THE BECK COUNTY OF PITKIN 1 ONTAINS LOTS A AND B. ~ET&?~EGO I 3.20•gYSOVERritliATE WAS AC~~~~1~~ BONE FOR GILLESPIE HI TORIC PARTNERS LLC. /9· '9=A NUE WITNESS MY HAND AND oFF C ! AL SE*6 # M·K qimu E9kf<JFf . 1 , 1 ''.%0174':1 1 401'AE PUBLIC *§.. 'OBUG .@A EDGE Er- ~OH£~SE~R til#IED ~ERSO~Ail,%:%1&:N~k~~U~H~IDEED 1/2 INTEREST AND LORRIE AJRMAN ODOM.OR 1,1¢1Rd~EB<A# TRUSTEE OF THE LORRIE FURMAN ODOM QUAL IFIED PERSONAL- 4RMPDEFICE TRUST . AS TO AN UNDI¥,DED /2 INTEREST: CONC, DRIVE LOTS 7. 8, 9 AND 10. BLOCK 99. HALLAM-S ADDITION. COUNTY OF PITKIN. STATE OF COLORADO. LESS AND EXCEPT THAT PORTION AS CONVEYED I N DEED RECORDED JANUARY 4. 1979 IN BOOK 361 AT PAGE 12 AS RECEPTION NO. 210494 AND FURTHER DESCR BED AS FOLLOWS · A TRACT OF LING BEING THE SOUTH PART OF LOTS 7 8. 9 AND 10. BLOCK 99. HALLAM·S ADDITION ADJACENT TO THE CITY OF ASPEN SAID TRACT .IES IN THE SW 1/4 OF THE NE 1/4 OF SECTION l2. TOWNSHIP 0 SOUTH. RANGE 85 *EST OF THE OTH PM AND IS MORE FULLY DESCR18ED AS FOLLOWS: BEGINNING 9 THE SOUTHEAST CORNER OF SAID LOT 10 WHENCE THE SOUTHEAST ic>' CORNER oF THE sl !/4 OF SECTION 12 BEARS S 9'53' E #92.75 REET THENCE NORTH 70 FEET Al ONG THE EAST LINE OF LOT 10. THENCE #e»,5 WEST :00 0 FEET TO THE WEST LINE OF LOT 7: THENCE SOUTH 56.59 FEET ALONe THE WEST L I NE Of LOT 7 70 THE SOUTH-WEST CORNER OF LOT 7: BLUE THENCE S 82'22· E 100.90 FEET ALONG THE SOUTH LINE OF LOTS 7 8. 9 AND /9184FS 6 -E .- 10 TO THE POINT OF BEGINNING / e L ~flm:'/ SIGNED THIS DAY OF FUr· ©rj, 241 14 Nkraw -1... ---A- .90HN 'AC&'tRT ODOM ,<IR. TRUSTEE MlrNAIANIMI.rID™r---- STATE OF COLORADO ) COUNTY OF PITK!/ 2Err:EGO.ING OWNE~~ ~43~B~E WIS ACK140:~ ODOM. JR. TRUSTEE & LORRIE CURMAN ODOM. TRUSTEE - * i ...·*or.a. ···· 1 *IJNESS MY HAND AND OFFICIAL SEAL l 112··211.4 CONC. / • DRIVE ~04 411 UNLFELDER AS OWNER oF -HE FOLLOWING L/~~ A TRACT OF LAND BEING THE SOUTH PART OF LOTS LPM# 10. IN BLOCK 99. HALLAM·S ADD ITION ADJACENT TO THE CLTY 6% ASP&N. SAID f TRACT LIES IN THE SW 1/4 OF THE NE 1/4 OF SECTION 12: TOWNSHIP 10 SOUTH RANGE 85 WEST OF THE *TH P.M.. AND IS MORE FULLY DESCRIBED AS FOLLOWS BEGINNING AT THE SOUTHEAST CORNER OF Sllt LOT 10 ODOM WHENCE THE SOUTHEAST CORNER oF THE SW ]/4 oF THE NE 1/4 oF SECTION - CULVERT 12 BEARS S 9·53· E 192 75 FEET· THENCE NORTH TO.00 FEET ALONG THE PROPERTY EAST LINE OF LOT 10: THENCE WEST 100.00 FEET To THE WEST Li NE oF HOUSE LOT 7: THENCE SOUTH 56 59 FEET ALONG THE WEST LiNE OF LOT 7 TO THE 7 078 SO FT •/ SOUTHIEST CORNER OF LOT 7: THENCE S 82•22· E 100.90 FEET ALONG THE SOUTH LINE OF l;plk'. 8 9 AND 10 TO THE POINT OF BEGINNING SIGNED ™IS *O 4 <*- THERE IRE *C ENCROACHMEN-S LOCATED 04 THfS M•v.1. .2411 GIP PARCEL =ROM ODOM AND UHLTELDER -O G LLESI E . NAOMI UHLFELDER O lilli STATE OF COLONDO -BISEMENT REC I 500 4 ~ ~~\~-15'ORIC PARTNERS. L.C. COUNTY OF P TKIN 1 4/3/i THE FOREGOING OWNER· S CERTI F ICATE J,fAS ACKNOWLigee,h@EFORE ME THIS .7 DAY OF .4/14,4 . 023*~P. NAOMi UHLFELDER AS OWNER WITNESS MY HAND AND OFFICIAL SEAL f f 101~4 • ~ , MY·tO¥11 SSION D# (RES v _ - - -2 5 1: - : 1 LOT B NOt*1 PUBLIC VACANT LOr SUA#EYOR 'S CERTIcICATE RECORD AREA 4,572 30 FT. ·/ CONC. ADJUSTED AREA 5.086 SQ FT •/- DR!VE 1. JOHN M. HOWORTH. HEREBY CERTIFY THAT A S UNDER MY DIRECTION AND SUPERVISION OF THE HERED PROPERTY. THE LOCATION AND DIMENSIONS OF THE BOUNDARY LENES. AND EASEMENTS SHOWN ON THE T I TE COMMi TMENT NOTED HEREON ARE ACCURATELY SH[}IN ON THIS PLAT. BLUE Fil.-- THE CONTROL PRECISION FS GREATER THAN I : 10,000 AND ACCURACY TO O 0.001 OF AN ACRE AND THAT THE SURVEY WAS DONE IN ACCORDANCE WI™ C.R 5 1972 TITLE 38. ARTICLE 51 AS AMEND~~~M TIME TO TIME. j S 1,1,0 TAM - DAY OF YELLOW JOHN A©WORTH P.L S. 25947 16129 Til'LE CERTIFICATE THE UNDERSIGNED. A DULY AUTHORIZED REPRESENTATIVE OF PiTKIN COUNTY TITLE, INC. REGISTERED TO DO BUSINESS IN PITKIN COUNTY i.;42~toA ™i s pt~TB;~C~EREBY H~~~ FE~ MRb=%6 WITHUN DESCRIBED REAL PROPERTIES. FREE AND CLEAR OF ALL LIENS AND ENCUMBRANCES. EXCEPT THOSE L]STED ON THE OWNER·S CERTIFICATE. ALTHOUGH VE BELIEVE THE FACTS STATED ON THIS PLAT ATE TRUE. TH! S CERTIFICATE 1 S NOT TO BE CONSTRUED AS AN ABSTRACT OF TITLE. NOT AN OPINION OF TITLE. NOR GUARANTEE OF TILE. AND IT 15 UHLFELDER UNDERSTOOD AND AGREED THAT PITKIN COUNTY TITLE. INC. NEIT-Mi~-'lllh ASSUMES NOR WILL BE CHARGED WrTH ANY FINANCIAL OBLIGATIO!11119*Rli:&5 PROPERTY LIABILITY WHATSOEVER BASED ON ANY STATEMENT CONTAINIED §~~LUS~~~44 HEREIN 6.329 5 SO.FT. ·/ PITK N COUNTY TITLE. INC 601 E HOPKIVS AVENUE , i~21) 't /I i HOUSE ASPEN. CO 81811 4/ siGNED 24' 754>90 SY:- ' ~ -' RECEPTION#· 578715,033:29/2011 at STATE OF COLORADO , ~A-1 EkAtNELL, 11 19:04 AM, 1 OF L R $11.00 Janice K. }.1 COUNTY OF ITKIN ) Vos Caudill, Pitkin County. CO , PLAT BK 96 PG 60 TITLE CaRT,FRCATE WIS ACKNOB.EOSEC) BEWRE * . i. /.,/ DECK THEFO~QDO/Q/P,TILICQUITY TMLE. INC. 1//lill=AY OFil CIAL /1 CM~ Got*115'901<4$7~,2 ).6. 7ia&/AD,0 /1 Bl-JE i ST':RS 7 ,/ 29 1 W CLERK AN~ RECORDER - S ACCEPTANCE (36 8: J / 1/- 3432 / f~ 3.8!' IC TO SOU-HEIST THE Gi LLES,rE Hi STOR ;C PARTNERS. LLC LOT LINE ADJUSTMENT PLAT WAS ACCEPTED - '08 / /1 CORNER OF AREA TO BE COLORADO,~RT // /9 _ O'CLOCK A M ON THIS 20# DAY OF FOR RIN~IN THE OFFICE OF THE CLERK AND RECORDER QF PITKIN COUNTY. --3.-/ L--EMEYED %0, 5 j./ CITY ENGINEER RECEFf~~1~ULI~Rk- ' 20~U_. IN PLAT BOOK - AT DAGE __42_ /6 AM' RE.BAR - THE GILLESPIE HISTORIC PARTNER. LLC LOT LINE ID JUSTMENT PLAT WAS F •P 7AC , / 7 / S ADDITION ~~I 25947 REVI EWED AND APPROVED BY THE CI TY ENGINEER OF THE CITY OF ASPEN. KAAN'/1.41 671,11 TH § 5-2Bh_ DAY OF hCWUPL_+ 2041- CLERK AND RE¢60£4 1 I. v··rv P 69'45'58-W 43 WALGA -- ~ -tr<· p x~ , PREPARED BY ¢ITY ENGINE*+ A /1 COMMUN TY DEVELOPMENT D RECTOR h. --4. THE GILLESP E HISTORK PARTNERS. LLC lOT LINE ADJUSTMENT PLAT WAS -1 ASPEN SURVEY ENGINEERS, INC. REvlEWED .AND APPRPVED BY THE ASPEN COMMUMIY.DEVELOPMENT2~~~IMENT V , 4,1 1 7,8 OF THETFTY OF,A~EN. TInS 286 DAY OF P•¥•0/4 7;1 210 SOUTH GALENA STREET DA ..2'Els, 94% A,u Co-UNITY DEVELOPMENT DIRECTOR. ASPEN, COLORADO 81611 PHONE/FAX (970) 925-3816 ~ SOW-HEAST CORNER 1 /4 NE 1/4 SECT·oN ,2 DATE JOB 954 BLM BRASS CAP 323556 12/09 '0Mt i./. ./=' '6....... -0..+I.•5--Il--9,£0 -463>194©644 1111'11.11 li 11 - lilli-lilli 11111 lili l l 457449 Page: 1 of 4 08/13/2001 02:43; DA\; SILVIA . IT I,· ... TY C J R 20.00 D 0.00 ORDINANCE NO. 20, (SERIES OF 2001) AN ORDINANCE OF THE ASPEN CITY COUNCIL APPROVING A HISTORIC LANDMARK DESIGNATION AND A HISTORIC LANDMARK LOT SPLIT FOR THE PROPERTY LOCATED AT 515 WEST GILLESPIE AVENUE, LOTS 4,5, AND 6, BLOCK 99, HALLAM ADDITION, ASPEN, COLORADO Parcel ID: 2735-121-11-007 WHEREAS, the Applicant, Pamela and Neil Beck, represented by Randall Bone, requested land use approvals for a Historic Landmark Designation and Historic Landmark Lot Split for the property located at 515 West Gillespie Avenue, Lots 4,5, and 6, Block 99, Hallam Addition, City and Townsite of Aspen; and WHEREAS, the property is currently listed in the City of Aspen's Inventory of Historical Sites and Structures; and WHEREAS, this application for a Historic Landmark Designation and a Historic Landmark Lot Split meets all of the Development Review Standards of Section 26.420.010, Section 26.480.030(A)(2), and Section 26.480.030(A)(4) in order for the Aspen City Council to grant approval; and WHEREAS, the Community Development Department determined the application for a Historic Landmark Designation and Historic Landmark Lot Split meet the applicable review standards indicated above, and recommended approval with conditions; and WHEREAS, at a public hearing, which was legally noticed and held at a regular meeting of the Historic Preservation Commission on June 13, 2001, at which time the HPC considered and found the application to meet the review standards, recommended City Council approve the request for Historic Landmark Designation and Historic Landmark Lot Split with conditions by a vote of three to one (3 to 1); and WHEREAS, at a public hearing, which was legally noticed and held at a regular meeting of the Planning and Zoning Commission on June 5, 2001, at which time the Planning and Zoning Commission considered and found the application to meet the review standards and recommended City Council approve the request for Historic Landmark Designation, with conditions, by a unanimous vote of four to zero (4 to 0); and WHEREAS, the Aspen City Council has reviewed and considered the development proposal under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered the recommendation of the Planning and Zoning Commission, the Historic Preservation Commission, the Community Development Director, and the applicable referral agencies; and WHEREAS, the City Council finds that this request for historic landmark designation and historic landmark lot split meets or exceeds all applicable development I Illill illi --Illi iii imil ill ill lilli ilil - I 08/13/2001 02:43; 457449 Page: 2 of 4 DAVIS SILL.A PITKIN COUNTY CO R 20.00 D 0.00 standards and that the approval of the application, with conditions, is consistent with the goals and elements ofthe Aspen Area Community Plan; and WIIEREAS, the Aspen City Council has taken and considered public comment at a regular public hearing on July 23, 2001, and continued the hearing for further testimony, and approved this Ordinance for Historic Landmark Designation and Historic Landmark Lot Split, with conditions, by a vote of five to zero (5 - 0); and WHEREAS, the City Council fmds that this Ordinance fuithers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT ORDAINED BY THE ASPEN CITY COUNCIL AS FOLLOWS: Section 1 Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the Historic Landmark Designation and Historic Landmark Lot Split for the property located at 515 West Gillespie Avenue, Lots 4, 5, and 6, Block 99, Hallam' s Addition, City of Aspen, Colorado is hereby approved with the following conditions: 1, That the Applicant shall submit a Subdivision Plat and Subdivision Exemption Agreement that shall be reviewed and approved by the Community Development and Engineering Departments and recorded in the office of the Pitkin County Clerk and Recorder within one hundred eighty (180) days of final approval by City Council. Failure to record the plat and subdivision exemption agreement within the specified time limit shall render the plat invalid and reconsideration of the plat by City Council will be required for a showing of good cause. 2. That the submitted Subdivision Plat shall contain a note stating that the lots contained therein shall be prohibited from applying for further subdivision and any development of the lots will comply with the applicable provisions of the Land Use Code in effect at the time of application. 3. That the submitted Subdivision Plat shall contain a note stating that all new development on the lots will conform to the dimensional requirements of the R-6 zone district and residential design standards with the potential exception for variances to be approved by the HPC. 011'Ihat future development on Lot B shall require compliance with the City ofl ~gt's y Affordable Housing Guidelinesi.0% -Land Use Code regardingP .#ig01'ep=2@:f292lehen0t, 5. That Lots "A" and '13" are designated historic landmarks and must receive Historic Preservation Commission approval for all development in accordance with Section 26.415 of the Municipal Code, as well at Section 26.410, the "Residential Design Standards." lil li lilli -lilil-- lili -111- lililll lilli Ill I~-1 08/13/2001 02:43; 457449 Page: 3 of 4 DAVIS SILVIA PITKIN COUNT' CO R 20.00 D 0.00 6. That the Applicant shallsigna-siaewalk, curb and gutter construction agreement and pay the applicable recording fees prior to issuance of a building permit on either lot. -W That the City Council herein and pursuant to this Ordinance, grants the Applicant approval to allocate the FAR to be split between the two newly created lots (including the 500 sq. ft. bonus) to be 4,093 sq. ft. in total. The Applicant shall appropriate this FAR in the following manner: Lot "A" as having 1,753 sq. ft. and Lot 'GB" as having 2,840_sq. Q: prior to consideratioa; . [of potentially #NEable lot area reductions (1.e., slopes, access easements, etc.). Further, these lot sizes and floor areas shall be indicated on the final plat that is recorded in the Pitkin County Clerk and Recorder's Office. 8. That the Applicant shall record a final plat indicating the approvals in this Ordinance as they have been represented to the City Council. In addition, if the westerly lot line dispute between the Collins and the owners of the property known as Lot A of the Beck Lot Split (Lots 4,5, and 6, Block 99, Hallam Addition, City and Townsite of Aspen), has not been resolved prior to the recording of said plat, the applicant shall record a plat showing both lines in dispute and a note on the plat indicating the two lot lines in question and that once the dispute is resolved, the applicant shall file a new plat indicating the resulting resolution. 9. That the Applicant shall be required to enter into a "Ditch Relocation Agreement" with the City of Aspen and that said agreement be a recorded document with the Pitkin County Clerk and Recorder's Office. That the City of Aspen, at it's sole discretion, has the option of moving the ditch off the property at a future date and would have no obligation to compensate the landowner(s) in any way. Specifically, the Ditch Relocation Agreement should reference the plans that are approved and provide for an easement a minimum of 10 feet in width and said agreement shall specifically state that the landowners have no water rights in the ditch nor is any license being granted for use of water from the ditch. This agreement shall also be recorded on the Subdivision Plat and referenced in the Subdivision Exemption Agreement. Section 2: All material representations and commitments made by the applicant pursuant to this application, whether in public hearings or documentation presented before the Historic Preservation Commission, Planning and Zoning Commission, or City Council, are hereby incorporated in such plan approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Section 3: This Ordinance shall not effect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 4: If any section, subsection, sentence, clause, phrase, or portion of this ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. A public hearing will be held the 0 day of July 2001 at 5:00 p.m. in the City Council Chambers, 130 South Galena, Aspen, Colorado. -'' 1 C IN*RODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City /,~ptounc?1·6;*e,City of Aspen on this 25m day of June, 2001, 1 /7 43 0 An i : 3%47/1 L : t 1 * j52.ct,11 466& --7 (7*F*6-UL .J %4 ditt*21 S. 256(h, City Clerk HefeK Kalin ¥1Almel~d, Mayor - FINALLY, adopted, passed and approved this 23rd day of July, 2001. r <Atdeft:4 5, 5, 'Pr KE. 2 29*),du i . , 8101*19.- oth, City Clerk --% Helefi Kalin kfa,Medid, Mayor li 1 m _11 1.11 Itin Iimilm'- H 1 08/13/2001 02:43P 2 340*04*to form: 457449 Page: 4 of 4 DAVIS SILVIA PITKIN CLUM-Y CO R 20.00 D 0.00 \A AU /Nuts#©10 I z- - -- JBNiEWorcestor, City Attorney ...... 11 lilli 111111111111 lililll 457473 Page: 1 of 6 08/13/2001 04:27P DAVIS SILUR PIT L. COL#.Th' CJ R 36.00 D 0.00 FinaI 07-27-01 CITY OF ASPEN DITCH RELOCATION AND EASEMENT AGREEMENT This Ditch Relocation Agreement is entered into this / 3 day of 600#4 , 2001, by and between THE CITY OF ASPEN ("City"), a Colorado municipal corporation and'home rule city, and Neil H. Beck and Pamela L. Beck, whose address is 515 West Gillespie, Aspen, CO 81611 C'Landowner') Recitals WHEREAS, the City owns an interest in the Si Johnson Ditch and the water rights decreed to it; and WHEREAS, the Si Johnson Ditch traverses land owned by Landowner, described as follows: Lots 4,5 and 6, Block 99 of the Hallams Addition to the City and Townsite of Aspen, Pitkin County, Colorado and also known as 515 West Gillespie, Aspen, Colorado 81611, and herein referred to as the "Subject Property," and WHEREAS, Landowner owns no interest in the Si Johnson Ditch, or the water rights decreed to it; and WHEREAS, Landowner is seeking approval from the City for an historic lot split of the Subject Property; and WHEREAS, the City has required Landowner to enter into a ditch relocation agreement prior to approval of the lot split; and WHEREAS, Landowner has agreed to enter into a ditch relocation agreement as herein provided, THEREFORE, IN CONSIDERATION of the promises and agreements set forth below, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. Ditch Relocation. At Landowner's sole expense, Landowner will relocate the portion of the Si Johnson Ditch crossing the Subject Property to the approximate location shown on Exhibit A hereto, consistent with design drawings and specifications reviewed and approved by the City Water Department prior to relocation of the ditch. The final design drawings and specifications shall be prepared by a registered professional engineer, who shall certify that the design, construction and operation of the relocated portion of the Si Johnson Ditch will permit water to be carried at the rate of flow (up to a maximum of 2.0 cfs) and at the times of year that the Si Johnson Ditch has 1 111'll 11-11-11- - 1111111111111111111111 08/13/2001 04:27P 457473 Page: 2 of 6 DAVIS SILVIA PITKIN COLA-Y CO R 32.00 0 0.00 Final 07-27-01 historically carried water prior to the relocation. Landowner hereby guarantees to the City that the design and construction of the relocation are such that the relocated portion of the ditch will have sufficient capacity and proper grade and alignment to permit water to be carried through it at flow rates not to exceed 2.0 cfs, at the same times of year as the Si Johnson Ditch has historically been permitted to divert. Landowner shall be solely responsible for design and construction of the relocation and for any and for all expenses associated with any faulty construction or installation and the correction thereof. Notwithstanding its review of the preliminary design shown on Exhibit A, and of the final plans and specifications, the City shall have no liability arising out of or in connection with construction of the ditch relocation on the Subject Property. 2. Acknowledgment of Other Owners. Landowner acknowledges that one or more persons or entities in addition to the City may have ownership interests in the Si Johnson Ditch or the water rights decreed thereto, that such persons or entities are not parties to this Agreement, and that the City, in entering into this Agreement, is not acting on behalf of such persons or entities. The identity and extent of ownership interests held by all such persons is not known to the City. Landowner is therefore advised to identify and contact such persons, and to verify that the terms and conditions of this Agreement, and the proposed plans for relocating Si Johnson Ditch across the Subject Property are acceptable to such persons. 3. Maintenance. The City will continue to perform such maintenance of the Si Johnson Ditch, including the relocated portion on the Subject Property, as is reasonable and prudent in its discretion. 4. Future Relocation. Landowner agrees that the City or other owner(s) of the Si Johnson Ditch may, at their own cost, relocate the ditch to a location that is not on or contiguous to the Subject Property, and that neither the City nor other owner(s) of the Si Johnson Ditch will have any liability or obligation of any sort to Landowner as a result of such future relocation. Upon such relocation, this Agreement shall terminate, and the easement granted on, over and through the Subject Property for the Si Johnson Ditch shall terminate. The City agrees to execute appropriate documentation to effect the release of said easement. 5. Raw Water Use. Landowner acknowledges that he owns no interest in the water rights decreed to the Si Johnson Ditch or carried in the Si Johnson Ditch, and has no right to use the Si Johnson Ditch for any purpose, or to withdraw water therefrom. Landowner agrees that he will not pump or otherwise divert or withdraw any water from the Si Johnson Ditch, or use the Si Johnson Ditch in any manner without the City's prior written agreement. Landowner further acknowledges that the City Code requires that the City be the sole provider of raw and treated water within the City limits, and that Landowner may not use raw water from any source other than the City. If Landowner wishes to use water from the Si Johnson Ditch for irrigation of the Subject 2 1 li-111111 - 11 11 lilill' 111 lili lill i Page: 3 of 6 457473 08/13/2001 04:27P DAVIS SILVIA PITKIN COUNTY CO R 33.00 0 0.00 Final 07-27-01 Property, he may request a raw water license from the City, and the City may, in its discretion, grant such a raw water license. The City makes no promises or representations that it will grant such a raw water license. 6. Indemnification. Landowner shall be solely responsible for, and shallindemnify the City, its officials, employees and agents, from and against any and all claims, actions, losses, liabilities, or expenses of whatever sort, including attorney fees, that are incurred by such persons and entities, arising out of or in connection with the Si Johnson Ditch on the Subject Property, including but not limited to, claims for personal injury or property damage, claims by other owners or users of the Si Johnson Ditch, claims resulting from loss or diminishment of quantity or rate of flow of water in the Si Johnson Ditch, water quality degradations, and the consequences of flooding or other adverse effects from the relocated ditch, unless such claims, actions, losses, liabilities or expenses are due to negligent or willful conduct of the City, provided, however, that this indemnification provision shall not be deemed a waiver, abrogation, or diminishment of any governmental immunity available to the City. 7. No Liability of Ditch Owners. Neither the City nor other owners of the Si Johnson Ditch shall have any liability to Landowner or other parties for any damages or injuries which result from the use and operation of the Si Johnson Ditch on the Subject Property. Landowner assumes all risk associated with the Landowner's decisions regarding the location of buildings and structures to be constructed on the Subject Property. 8. Grant of Easement. Landowner will provide a survey of the Si Johnson Ditch on the Subject Property (showing the ditch relocation) and easement for the City's approval prior to relocation of the Si Johnson Ditch on the Subject Property. The easement will grant and convey to the City and the other owners and users of the Si Johnson Ditch a surveyed, perpetual non-exclusive easement and right of way (the "Easement") extending five feet in width from the center line of the Si Johnson Ditch on the Subject Property for access by personnel and equipment as needed for the purposes of exercising their rights as owners and users of the Si Johnson Ditch and the water rights carried therein. The Easement shall contain a permitted exception for light wells of the residence to be constructed on the Subject Property, so long as the Easement is no less than seven feet in width at the location of such light wells, and contains Landowner's agreement to assume all risk ofdamage or destruction of such light wells as a result of the use and occupation of the Easement by the City and other owner(s) of the Si Johnson Ditch, and to assume all risk associated with the location of buildings and other structures on the Subject Property. This Easement shall run with the land for the benefit of the owners and users of the Si Johnson Ditch and water rights carried therein, shall burden the Subject Property, and shall be binding upon and inure to the benefit of the parties to this Agreement, the other owners and users of the Si Johnson Ditch and the water rights carried therein, and their respective heirs, successors and assigns. 9. Notices. All notices required to be given shall be deemed given upon deposit in the United States mail, first class postage prepaid, properly addressed to the person or entity to whom directed as follows: 3 Final 07-27·01 11 457473 < miki |_ Mi Hcm mmi w~ Page 4 of 6 08/13/2001 04:27P To Landowner: , DAVIS SILVIA PIT 1.· COUr·,Y 0 R 30.00 D 0.00 Neil H. Beck Pamela L. Beck 515 West Gillespie Aspen, CO 81611 with copy to: Leonard M. Oates, Esq. 533 E. Hopkins Avenue, Third Floor Aspen, CO 81611 To City: Water Director City of Aspen 130 South Galena Street Aspen, CO 81611 or at such other address as shall be given by notice pursuant to this paragraph. Copies of such notices shall also be sent in the same manner to the City Attorney, City of Aspen, 130 South Galena Street, Aspen, Colorado 81611. 10. Force Majeure. No party shall be held liable for a failure to perform or delay in performance hereunder due to wars, strikes, acts of God, natural disasters, drought or other similar occurrences outside of the control of that party, provided, however, that to the extent the relocated Si Johnson Ditch crossing the Subject Property is damaged or destroyed by force majeure, Landowner shall repair or replace such damaged or destroyed portions, at Landowner's expense, within a reasonable time, to the condition in which such damaged or destroyed portions existed prior to the force majeure event. If Landowner is unwilling or unable to commence or complete such repairs or replacement within a reasonable time, the City may elect to perform such repairs or replacement, and shall bill Landowner for all reasonable costs thereof. If any such bill from the City is not paid within thirty (30) days of the billing date, the unpaid balance shall accrue interest at the rate of 18% per annum, and the City shall have available to it all rights and remedies at law or equity, as well as the right to place a lien against the Subject Property. 11. Severabilitv. If any provision of this Agreement shall be or become invalid or unenforceable, the remainder of the provisions shall not be affected thereby, and each and every provision shall be enforceable to the fullest extent permitted by law. 12. Amendment. This Agreement may only be amended in writing by the parties hereto or their successors in interest. 13. Interpretation. Paragraph headings shall not be used to alter the meaning of this Agreernent. 4 lilli 11111111111 ill'111111111 08/13/2001 04:27P 457473 Page: 5 of 6 DAUS SILL J PITKI,· CANT't W R 33.00 0 0.00 Final 07-27-01 References herein to the masculine shall include the feminine and neutral, and references in the singular shall include plural, and vice versa, as appropriate. 14. Binding Agreement - Recording. This Agreement is binding upon the parties hereto, their successors and assigns, and any sale of the Subject Property, or any portion thereof shall be subject to this Agreement as provided herein. This Agreement shall be recorded with the Pitkin County Clerk and Recorder, and shallimpose an easement and covenants running with the land upon the Subject Property. Deeds to subsequent owners of the Subject Property shall provide notice of this Agreement and the obligations contained herein. 15. Governing Law: Venue: Attorney Fees, This Agreement and the rights and obligations of the parties hereunder shall be governed by and construed in accordance with the laws of the State of Colorado. Venue for all actions arising under this Agreement shall be Pitkin County, Colorado. In the event legal remedies must be pursued to resolve any dispute or conflict regarding the terms of this Agreement or the rights and obligations of the parties hereto, the prevailing party shall be entitled to recover costs incurred in pursuing such remedies, including expert witness fees and reasonable attorney fees. 16. Authorization of Signatures. The parties acknowledge and represent to each other that all procedures necessary to validly contract and execute this Agreement have been performed and that the persons signing for each party have been duly authorized to do so. 17. Counterparts. This Agreement may be signed using counterpart signature pages, with the same force and effect as if all parties signed on the same signature page. IN WITNESS WHEREOF, the parties have executed this Agreement the date and year first above written. THE CITY OF ASPEN, COLORADO A Municipal Corporation and Home Rule City Approved as to form: 4)13\ / zinijitip me€L 31 46 1 By r-r t Ul Phil Overeynd~i,=~r Director / - Aspen City Attorney 4ada.-,6 4.a- 94% U Pamela L. Beck, Landowner Neil H. Beck, Landowner STATE OF ) )SS COUNTY OF ) 5 Final 07-27-01 SUBSCRIBED AND SWORN to before me this 1 day o#tut.21* 2001 by ~fiE.LA-L~_Eck M~YN'ES.Sg* hand-and official seal 0/ 9\ 3 'C d 4scall t., 4#Vi~ . 0 My·406*4 40?es: LAR< 03 Rotaryfublic CATEMNitoh rclocation 515 gillespie.wpd 11 m' 111111 l ili 111111111'11111 08/13/2001 04:27P' 457473 Page: 6 of 6 ,DAL: S SILL.A PITKI,· -_jUNT< --9 R 30.00 D 0.00 6 - , lil i 11-1 lilli Ilifill'11111111 457474 Page: 1 of 5 08/13/2001 04:28P DAVI_ SILK.6 r IT Ir CCJFTY _1 R 25.00 D 0.00 SUBDIVISION EXEMPTION AGREEMENT FOR THE BECK HISTORIC SUBDIVISION EXEMPTION AND HISTORIC LANDMARK LOT SPLIT THIS SUBDIVISION EXEMPTION AGREEMENT (hereinafter "Agreement") is made and entered into this 47 day of August, 2001 by and between a) PAMELA L. BECK and NEIL H. BECK (hereinafter collectively "Owners") and, b) THE CITY OF ASPEN, A HOME RULE MUNICIPAL CORPORATION (hereinafter "City"). WITNESSETH: WHEREAS, Owners own that certain real property (the "Property") located at 515 West Gillespie, Aspen, Colorado and more particularly described as Lots 4,5 and 6, Block 99, Hallam's Addition to City of Aspen, Pitkin County, State of Colorado; and WHEREAS, on July 23, 2001, the City Council of the City of Aspen granted approval for subdivision exemption for a lot split on the Property pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code with a Subdivision Exemption Plat for an Historic Landmark Lot Split (hereinafter "Plat"), wherein said Plat indicates two (2) lots, Lot A and Lot B, Lot A resulting in a 4,639 square foot parcel with a floor area ratio of 1,753 square feet for Lot A and 4,572 square foot parcel with a floor area ratio of 2,840 square feet for Lot B. WHEREAS, the approval of the historic landmark lot, split was conditioned upon Owners complying with certain requirements outlined in Ordinance No. 20 (Series of 2001), including entering into a Subdivision Exemption Agreement for the Property; and WHEREAS, Owners have submitted to the City for approval, execution and recordation a final Plat of Beck Historic Subdivision (the "Plat") and the City agrees to approve, execute and record the Plat (Owners pay all applicable recordation fees) on the agreement of the Owners to the matters described herein; and WHEREAS, the City has imposed conditions and requirements in connection with its' approval, execution, and acceptance of the Plat, which matters are necessary to protect, promote and enhance the public health, safety and welfare, and the Owners are prepared to enter into a Subdivision Exemption Agreement incorporating such conditions and requirements. NOW, THEREFORE, in consideration of the mutual covenants contained herein and the approval, execution, and acceptance of the Plat for recordation by the City, it is agreed as follows: 1. Acceptance of Plat. Upon execution of this Agreement by all parties hereto, and upon approval of the Plat by the Engineering Department and the Community Development Director, the City agrees to approve and execute the Plat for subdivision exemption for the historic landmark lot split submitted herewith, which conforms to the requirements of Chapter Page 1 I ll-lili li li'11111 l illi El @111111111 1 08/13/2001 04:28P, 457474 Page: 2 of 5 DAVIS SILVIA PITKIt. COLN1 ' CO R 25.00 D 0.00 26.480 and all other applicable requirements of the Aspen Land Use Code. Said Plat and this Agreement shall be recorded (Owners pay all applicable recordation fees) in the Office of the Pitkin County Clerk and Recorder within 180 days of July 23, 2001 (the day Ordinance No. 20 (Series of 2001) was approved). 2. Ditch Relocation Agreement for Si Johnson Ditch. The Owners and the City of Aspen have entered into a Ditch Relocation Agreement relative to the Si Johnson Ditch contemporaneously herewith, the terms and conditions of which are incorporated herein by reference as if set forth herein. The Ditch Relocation Agreement shall be recorded in the real property records of Pitkin County, Colorado. 3. Subdivision. No furtheAubdivision of the Property shall be permitted and Lots / A and B will comply with the applicable provisions of the City of Aspen Land Use Code ("Code") in effect at the time of application for development thereof. These restrictions shall be noted on the Plat. 4. Develooment Potential. The subdivision exemption lot split results in two (2) lots, one of 4,639 square feet (Lot A) and another of 4,572 square feet (Lot B). 3'he mEI*turn? 'ZEdibined devel*FiEHEFEEntial shall ]E'@*8Eed tEN (2) principal dwelling units; one on each lot. '....."..../.....v 5. Floor Area Ratio. With regard to floor area (FAR), the maximum allowable FAR floor area that can be developed on Lot A is 1,753 square feet and the maximum allowableFARD tioor area that gn be dey©loped on Lot B is 2,840 square feet (which includes a 500 square foot f bonus that has been approved by the Historic Preservation Commission). All of the restrictions and limitations described in this section (7) shall be noted on the Plat. 6. Future Development. Any future development on or redevelopment of the lots created through the subdivision exemption lot split as shown on the Plat, shall be required to mitigate for its impacts pursuant to Chapter 26.470, Growth Management Quota System ,(GMQS), as may be required. Any new development or redevelopment of the Property will„/ *gqggrm tol~e~~imensional requirements of the.R-6 zone distriglunless a variance(s) have been approved by an entity havi4 the authority to do so. The Property (Lots A and B) is designated as an historic landmark and must receive Historic Preservation Commission (HPC) approval for all future development (except development limited to the interior of a building(s)) in accordance with Chapter 26.415 of the Code. All of the restrictions and limitations described in this paragraph (8) shall be noted on the Plat. 7. IAffogibble Housing.-Ali-fuiuie development on ][Joilii~Ifrequire compliandil rwith the City of Aspen's Affordable Housing guidelihesand the Code regarding mitigation for9 "providing affordable housing 8. Improvement Districts. Owners agree to a sidewalk, curb and gutter sign construction agreement and to pay the applicable recording fees prior to issuance of a building permit on either lot. Page 2 1 l il li lilil l lili 11111111 111 lili lili ll 08/13/2001 04:28P 457474 Page: 3 of 5 DAViS SILVIA PITKIN COL,FY CO R 25.00 D 0.00 9. Fees and Reimbursements. Owners agree to reimburse the City for their respective and proportionate share of the cost associated with any improvements which directly benefit the Property should the City of Aspen elect to construct such improvements without the formation of a special assessment district. In addition, Owners agree to pay any applicable fees required by the Code if and when such fees are due. 10. Material Representations. All material representations made by the Owners on record, whether in public hearings or in documentation presented before City Council, shall be binding upon the Owners. 11. Enforcement. In the event the City determines that the Owners are not in substantial compliance with the terms of this Agreement or of the Final Plat, the City may serve a notice of noncompliance and request that the deficiencies be corrected within a period of forty- five (45) days. In the event the Owners believe that they are in compliance or that the noncompliance is insubstantial, the Owners may request a hearing before the City Council to determine whether the alleged noncompliance exists or where any amendment, variance, or extension of time to comply should be granted. On request, the City shall conduct a hearing according to its standard procedures and take such action as it deems appropriate. The City shall be entitled to all remedies at equity and at law to enjoin, correct and/or receive damages for any noncompliance with this Agreement. 12. Notices. Notices to the parties shall be sent in writing by U.S. certified mail, return receipt requested, postage prepaid, Such notices shall be deemed received, if not sooner received, three (3) days after the date of the mailing of the same. To the Owners: Pamela Beck & Neil H. Beck 515 West Gillespie St. Aspen, CO 81611 With a copy to:: Randall A. Bone 735 West Bleeker St. Aspen, CO 81611 To the City: City Attorney City of Aspen 130 South Galena Street Aspen, CO 81611 13. Binding Effect. The provisions of this Agreement shall run with and constitute a burden on the land and shall be binding upon and inure to the benefit of the Owners, their successors and assigns, and to the City and its successors and assigns. 14. Amendment. This Agreement may be altered or amended only by written instrument executed by all parties hereto, with the same formality as this Agreement was executed. Page 3 15. Severability. If any provision of this Agreement is determined to be invalid, such invalidity shall not affect the remaining provisions hereof. IN WITNESS WHEREOF, the parties hereto have executed this Subdivision Exemption Agreement the day and year first written above. OWNERS: 457474 44,6. 6 4££,0 Page: 4 of 5 Pamela L. Beck, 11 lilli - li -lillill'llit 11111111111111 08/13/2001 04:28P , W «4 JAVI SILVIA , IT I· CLKTY CO R 25.00 D 0.00 #Mod Neif H. Beck ' THE CITY OF ASPEN, COLORADO ATTEST: a municipal corpyrajon , e ~ Rlf i <- 1 1/ »*a».4* teu_ HefedKalin Kla?f*h©Mayor Kathryn Koch#ity Clerk APPROVED: dE*(p nu.*6= 9 )5144 John Worcester, City Attorney STATE OF COLORADO ) ) SS. COUNTY OF PITKIN ) The foregoing was acknowledged to before me this 3 day of '~\ ura U~9 , 2001, by Pamela L. Beck and Neil H. Beck. iZJ 2 g . C.:.4 4'9- Witness my hand and offic . 4 My commission expires . ~~ft 63 · itia 2~i40 TAR,-~ 0E 2414. \4-5 k. #82(09 s Notary Public Page 4 . STATE OF COLORADO ) 003,# ) SS. "4/0- -44470 nO/ , A COUNTY OF PITKIN ) 11-13 The foregoing was acknowledgAtik(1~~~01~/316 day of ~U.4U4~ 2001, by Kelen Kalin Klanderud and Ka?~or and City Clerk, r~pectively, of the City of Aspen, a Municipal Corporation.~ Witness my hand and official s al. 1 My commission expires 413103 ·Nokli~-) 46-, ~otary Public lili lillill lililliI'll'lllili 11 08/13/2001 04:28P 457474 Page: 5 of 5 DAVIS SILL:A PITKIN COLATY CO R 25.00 D 0.00 c:My Documents\City Applications\Corbin-Burrows SEA 4 Page 5 RECEIVED APR 4 2013 ATTACHMENT 2 -LAND USE APPLICATION PROJECT: CITY OF ASPEN COMMUNITY DEVELOPMENT Name: 909- ~ille€ppi€- &'lles'Pi€ Hist,I'c-- PAKiMe # uc Location: 589-- W. billeSpit, 50666;WS,04: I.+ t./b c A#j Lol- 15 (Indicate street address, lot & block number, legal description where appropriate) Parcel ID # (REQUIRED) 11-3 5 1 1 / 1/00 =2 APPLICANT: Name: 38 4 M 4-~ ld»U- + Su»l. Ew-u~ 401~EV\__ Address: 234 8. +LOf tks> Ave . Asfe/M, 00 81 all Phone #: 4<90 - 3-71- 9 11 0 030 bul cell) REPRESENTATIVE: Name: SA*Ae 4 5 56 6 6»Q-- Address: Phone #: TYPE OF APPLICATION: (please check all that apply): E GMQS Exemption E Conceptual PUD £ Temporary Use U GMQS Allotment U Final PUD (& PUD Amendment) E Text/Map Amendment ~1 Special Review U Subdivision U Conceptual SPA U ESA -8040 Greenline, Stream U Subdivision Exemption (includes ~ Final SPA (& SPA Margin, Hallam Lake Bluff, condominiumization) Amendment) Mountain View Plane U Commercial Design Review U Lot Split U Small Lodge Conversioni Expansion ~1 Residential Design Variance U Lot Line Adjustment )4 Other: -1-PR U Conditional Use EXISTING CONDITIONS: (description of existing buildings, uses, previous approvals, etc.) E,Mptj lot (lot*split rewlib. Exish» +IP c- App H voll bv MAH-bv ilt k., st (cu Vrgvt (D ¥672.5 lk »f & 6€h-A'd 4yv.MIL ukg.4. PROPOSAL: (description of proposed buildings, uses, modifications, etc.) 3\9\1~,E· ~AMM-4 RAM'. . PI,7 ofial' il * v€01/0 ce- At d rvved, FAK i u/NV\- aff viv-~ Df- h rm.0 K.St\1 gwuw*1 SP :+~006, bw) A.f-HPC». H:ive you attached the following? ' FEE§ DUE: $ 4 -660. DO ~re-Application Conference Summary Utachment #1, Signed Fee Agreement 7$0 tesponse to Attachment #3, Dimensional Requirements Form kil Response to Attachment #4, Submittal Requirements- Including Written Responses to Review Standards ,~ 2 3-D Model for large project B/A All plans that are larger than 8.5" X 11" must be folded. A disk with an electric copy of all written text (Microsoft Word Format) must be submitted as part of the application. Large scale projects should include an el€ctronic 3-D model. Your pre-application conference summary will indicate if you must submit a 3-D model. 0 0 & 3 Q h mut 0 m (b ==r.-- - f~0 - : EEN) Ii/,3.2.2-t -3=-f f L _1: M & rowland+broughton m X architecture and urban design co AFFIDAVIT Project: 507 Gillespie Date: 3 April 2013 CD O 11 0) We acknowledge the following items as it pertains to the establishment of historic TDR's for 507 W. Gillespie as W per Land Use Code 26.535.090.A.2 - CD -4 OO 0 2,1 a) A deed restriction will permanently encumber the sending site and restrict that property's development CA) A OA rights to below that allowed by right by zoning according to the number of historic TDR certificates 90 U CA) NI established from that sending site. N CA) b) For each certificate of development right issued by the City for that particular sending site, that property 01 shall be allowed two hundred and fifty (250) square feet less of floor area, as permitted according to the property's zoning, as amended. c) The sending site property owner shall have not authority over the manner in which the certificate of development right is used by subsequent owners of the historic TDR certificate. Sior'16/7 AL.,ru -43134 John Roandand Sarah Broughton State of: (flolordo County of: P -\-4.ovu-- 'o/ ..i.' Subscribed and sworn to before 0*AU[»I BRIKE\81 Me this 3 day of Apri\, 008 5~< FARLEY ~ ,3 Notary Public:*- ~u©(~t~/~--~ My Commission expiresTI~21 ,&+ ©Cles --G===.-- Page 1 of 1 rowland ughton.coin i office@ owlandbroughton.com 34 e. hopkins avenue, aspen co 81611 i- 70.544.90 +f9 st~~t #106, denver co 80205 t 303 308 1 TPA ATTACHMENT 3 DIMENSIONAL REQUIREMENTS FORM Project: 507 4:>illfspit Applicant: 3-b A,vt R c-74 /•+wt ~ -r Sa'+0:Ut .3,~'11 AR#z- Locaton: go 9-- 1,0. (,ifbesple St. A'sp·¢/M, C# S /6 // Zone District: 1 Lot Size: 5 0 86 SP Lot Area: (for the purposes of calculating Floor Area, Lot Area may be reduced for areas within the high water mark, easements, and steep slopes. Please refer to the definition ofLot Area in the Municipal Code.) Commercial net leasable: Existing: Al A Proposed: Number of residential units: Existing. N/~ Proposed: Number of bedrooms: Existing: WIA Proposed: Proposed % of demolition (Historic properties only): N~A DIMENSIONS: Floor Area: Existing: N~ A Allo-wable: 2,84 0 Proposed: Principal bldg. height: Existing: N~ A Allowable: . 15' Proposed: Access. bldg. height: Existing: N~* Allowable: 10' Proposed: On-Site parking: Existing: N~ Required: o Proposed: % Site coverage: Existing: N|A Required: No LIMIT Proposed: % Open Space: Existing: N~A Required: N~ A Proposed: Front Setback: Existing: N~ A Required: 16~ Proposed: Rear Setback: Existing: 4 A Required: 5 Proposed: Combined-E®. Existing NIA Required:_ 15 Proposed: Side Setback: Existing: N 1A Required: 5 ' Proposed: Side Setback: Existing: N ~ k Required: 5' Proposed. Combined Sides: Existing: Al j R Required: to' Proposed: Distance Between Existing ~flk Required. 5 Proposed: Buildings Existing non-conformities or encroachments: Variations requested: rowland+I roughton architecture and urban design TRANSMITTAL Project: 507 Gillespie Subject: Application for Establishment of TDR's Date: 03 April 2013 To: Amy Guthrie From: John Rowland Via: Hand Attachments: See Below If you do not receive all attachments listed above please call immediately. CC: Attachments: • Pre-Application Conference Summary 2.26.13 • Signed fee agreement with payment • Applicant representative authorization letter • Title insurance company current certificate • Notarized affidavit • Proposed deed restriction • (12) 8 1/2"xl 1" vicinity maps • (12) Site improvement surveys • (12) Written descriptions • (N/A) Dimension drawings - The property is vacant and the proposal for Council is to reduce the allowed floor area, with approval of a home using the remaining square footage pending HPC. 442-Urt CITY OF ASPEN PRE-APPLICATION CONFERENCE SUMMARY PLANNER: Amy Guthrie, (970) 429-2758 DATE: 2.26.13 PROJECT: 507 W. Gillespie APPLICANT: Sarah Broughton and John Rowland DESCRIPTION: HPC granted final design approval for a new house at 507 W. Gillespie through Resolution #35, Series of 2007. The project has not been built and the contract purchasers will be applying for a HPC approval of a Substantial Amendment that involves changes to the design and materials. The revised project is expected to leave at least 500 square feet of unbuilt floor area which is proposed to be sold as TDRs. City Council has the authority to review and approve or disapprove the establishment of TDRs during a noticed public hearing. Land Use Code Section(s) 26.304 Common Development Review Procedures 26.535 Transferrable Development Rights Land Use Code (including all code sections cited above): http://www. aspen pitki n. com/Departments/Com mun itv-Development/Plann inq-and-Zon inq/Title-26- Land-Use-Code/ Land Use Application form (only complete the fee agreement and Attachments 1 and 2) http://www.aspenpitkin.com/Portals/0/docs/City/Comdev/Apps°/o20and°/o20Fees/2013%20Iand%20us e%20app°/o20form.pdf Review by: Staff for complete application, City Council for determination Public Hearing: Yes. Only publication of notice is required. Planning Fees: $1,300 (for a 4 hour deposit, billed at $325 per hour for over 4 hours) Total Number of Application Copies: 12 To apply, please submit 1 copy of: Il Signed fee agreement with payment. Il 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. 1 And 12 copies of: Il An 8 1/2" by 11" vicinity map locating the parcel within the City of Aspen. 0 Site improvement survey including topography and vegetation showing the current status, including all easements and vacated rights of way, of the parcel certified by a registered land surveyor, licensed in the state of Colorado. Il Dimensioned, scaled drawings of existing development and floor area analysis of all structures on property. (In this case, an explanation that the property is vacant and the proposal for Council is to reduce the allowed floor area, with approval of a home using the remaining square footage pending at HPC.) D 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. Applicants are advised that building plans will be required to meet the International Building Code as adopted by the City of Aspen, the Federal Fair Housing Act, and CRS 9.5.112. Please make sure that your application submittal addresses these building-related and accessibility regulations. You may contact the Building Department at 920-5090 for additional information. Disclaimer: The foregoing summary is advisory in nature only and is not binding on the City. The summary is based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. The summary does not create a legal or vested right. COMMUNITY DEVELOPMENT DEPARTMENT .. Agreement to Pay Application Fees An agreement between the City of Aspen ("City") and Property 3-blwl @·OU) I#Wldl. UU| Phone No. 9 70 - 31-9 -4 9 ID Owner ("1"): SNk Dprvikirn Email Jo~/lvt# VD-IA>l~144 low,114.ID•1 . Ld»1 Address of Billing 2,3 + e · +Loptks Ave Property: 909- W. Bille*ie St- Address (subject of application) Af>pf'M, 00 %1611 (send bills here) A6(24«, 00 81 l, 11 I understand that the City has adopted, via Ordinance No. , Series of 2011, review fees for Land Use applications and the payment of these fees is a condition precedent to determining application completeness. I understand that as the property owner that I am responsible for paying all fees for this development application. For flat fees and referral fees: I agree to pay the following fees for the services indicated. I understand that these flat fees are non-refundable. 0 Select Dept $. flat fee for Select Dept 0 $. flat fee for 0 $ flat fee for Select Dept 0 Select Review $ flat fee for For deposit cases only: The City and I understand that because of the size, nature or scope of the proposed project, it is not possible at this time to know the full extent or total costs involved in processing the application. 1 understand that additional costs over and above the deposit may accrue. I understand and agree that it is impracticable for City staff to complete processing, review, and presentation of sufficient information to enable legally required findings to be made for project consideration, unless invoices are paid in full. The City and I understand and agree that invoices mailed by the City to the above listed billing address and not returned to the City shall be considered by the City as being received by me. I agree to remit payment within 30 days of presentation of an invoice by the City for such services. I have read, understood, and agree to the Land Use Review Fee Policy including consequences for non-payment. I agree to pay the following initial deposit amounts for the specified hours of staff time. I understand that payment of a deposit does not render an application complete or compliant with approval criteria. If actual recorded costs exceed the initial deposit, I agree to pay additional monthly billings to the City to reimburse the City for the processing of my application at the hourly rates hereinafter stated. $ 11300·00 deposit for ~ hours of Community Development Department staff time. Additional time above the deposit amount will be billed at $325 per hour. $0 0 deposit for hours of Engineering Department staff time. Additional time above the deposit amount will be billed at $265 per hour. City of Aspen: Property Owner: John Bowl#U .r- 9 31/1*- th# Bendon +-fkj~_ Community Development Director Name: Title. F14*64*16 - W lA»0(+ B¥r\,01 1. City Use: 0 44+4 46 rAN€ AU U VIRM\ 13¥913vL- Fees Due: $ Received: $ January. 2013 City of Aspen 1130 S. Galena St. 1 (970) 920-5090 RECEIVED APR 4 2013 ATTACHMENT 2 -LAND USE APPLICATION PROJECT: CITY OF ASPEN .COMMUNITY DEVELOPMENT Name: 9 09- t,illesp ie , 61112'5'pie Hishvt'c- Po.·chle •s U.C. Location: ED=t W. billespit, 506,U' 45,04 : I.+ Une .U Lot- B (Indicate street address, lot & block number, legal description where appropriate) Parcel ID # (REQUIRED) 17351 1 1/1009 APPLICANT: Name: 3-84,0 Ampol ANWL+ 51/»l- 8wvj I VL_ Address: 234 E- +Lop k.ks> Ave. Aae™ , 00 81 90 11 Phone #: 410- 3-MI- 9 1 I D (30|40,Fl Ce,0 REPRESENTATIVE: Name: SuM-e A s OL ID 6-vt- Address: Phone #: TYPE OF APPLICATION: (please check all that apply): U GMQS Exemption U Conceptual PUD U Temporary Use U GMQS Allotment U Final PUD (& PUD Amendment) D Text/Map Amendment ~ Special Review E Subdivision E Conceptual SPA E ESA - 8040 Greenline. Stream U Subdivision Exemption (includes U Final SPA (& SPA Margin, Hallam Lake Bluff, condominiumization) Amendment) Mountain View Plane U Commercial Design Review El Lot Split U Small Lodge Conversion/ Expansion £ Residential Design Variance El Lot Line Adjustment ~2£ Other: TPR U Conditional Use EXISTING CONDITIONS: (description of existing buildings, uses, previous approvals, etc.) Em ptll lot ( lotsplit rofwt)· Exishkj +Ipc. App ut v-•1 flv- M,0vt. bvilF tbivist- (cuvre,:Atit 99% 11™v34 &6sh-A» 4-wu'•IN •PLON'#). PROPOSAL: (description of proposed buildings, uses, modifications, etc.) SM\·e, fi-~ \A/0,4 - hur osal h ,# vt#luct #At d (v\,ti FAR· 1 \AA 1* 417 vivge Df- h.r*t ~54 4 *1*,041 SF **06, Al a.+- H PO. Have you attached the following? FEE§ DUE: $ 4 300.00 ~Pre-Application Conference Summary Attachment #1, Signed Fee Agreement i,Yfliggliti Response to Attachment #3, Dimensional Requirements Form 8~ Response to Attachment #4, Submittal Requirements- Including Written Responses to Review Standards ~ U 3-D Model for large project B/A All plans that are larger than 8.5" X 11" must be folded. A disk with an electric copy of all written text (Microsoft Word Format) must be submitted as part of the application. Large scale projects should include an electronic 3-D model. Your pre-application conference summary will indicate if you must submit a 3-D model. '01 'owland+broughton architecture and urban design LETTER 23 March 2013 Amy Guthrie Historic Preservation Officer of Community Development City Hall 130 S. Galena Street Aspen, CO 81611 PROJECT: 507 Gillespie SUBJECT: Applicant Authorization CC: N/A Dear Amy, This letter acts as the applicant authorization for 507 Gillespie project. We are the owners of this property and will be representing ourselves through the Land Use Transferrable Development Rights application and the Historic Preservation Substantial Amendment application. Property: 507 W. Gillespie St. Aspen, CO 81611 (Parcel #273512111007) Applicant and Representative: John Rowland, AIA + Sarah Broughton, AIA Rowland+Broughton Architecture and Urban Design 234 E. Hopkins St. Aspen, CO 81611 970-544-9006 office 970-379-9910 John cell 970-379-0111 Sarah cell Signed, NIMI Vt,v V ,/ »4 320/4 4,/L John Rowland, AIA Sarah Broughton, AIA Page 1 of 1 ALTA Commitment For Title Insurance A~~,VVESTCOR L.AND TITLE INSURANCE COMPANY AUTHORIZED AGENT: PITKIN COUNTY TITLE, INC. 601 E. HOPKINS AVE. 3RD FLOOR ASPEN, COLORADO 81611 970-925-1766-PHONE 970-925-6527-FAX 877-217-3158-TOLL FREE E-MAIL ADDRESS: TITLE MATTERS: CLOSING MATTERS: Kim Shultz - (kim@sopris.net) TJ Davis - (tjd@sopris.net) Joy Higens - (joy@sopris.net) Issued By ~ WESTCOR -~~i- LAND TITLE INSURANCE COMPANY Home Office: 201 N. New York Avenue, Suite 200 Winter Park, FL 32789 Telephone (407) 629-5842 p WESTCOR ~ LAND TITLE INSURANCE COMPANY q ALTA Commitment Form (6-17-06) COMMITMENT FOR TITLE INSURANCE ISSUED BY WESTCOR LAND TITLE INSURANCE COMPANY Westcor Land Title Insurance Company, a California Corporation,("Company"), for a valuable consideration, hereby commits to issue its policy or policies oftitle insurance, as identified in Schedule A, in favor of the Proposed Insured named in Schedule A, as owner or mortgagee of the estate or interest covered hereby in the land described or referred to in Schedule A, upon payment of the premiums and charges and compliance with the Requirements: all subject to the provisions of Schedule A and B and to the Conditions of this Commitment. This Commitment shall be effective only when the identity ofthe Proposed Insured and the amount of the policy or policies committed for have been inserted in Schedule A hereof by the Company. All liability and obligations under this Commitment shall cease and terminate within six (6) months after the Effective Date or when the policy or policies committed for shall issue, whichever first occurs, provided that the failure to issue such policy or policies is not the fault of the Company. The Company will provide a sample of the policy form upon request. IN WITNESS WHEREOF, WESTCOR LAND TITLE INSURANCE COMPANY has caused its corporate name and seal to be hereunto affixed and these presents to be signed in facsimile under authority of its by-laws on the date shown in Schedule A. Issued By: WESTCOR LAND TITLE INSURANCE COMPANY #2:*44 By. /41/~j!-e.Kident 60#4<4 f#=21% ~46 truiurance #037 VA Company 1 27 / Secretary Countersigned: Authorized Signature CO 1045 * * Pitkin County Title, Inc. 601 E. Hopkins #3 Aspen, CO 81611 CONDITIONS AND STIPULATIONS 1. The term "mortgage", when used herein, shall include deed of trust, trust deed or other security instrument. 2. If the Proposed Insured has or acquires actual knowledge of any defect, lien, encumbrance, adverse claim or other matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in Schedule B hereof, and shall fail to disclose such knowledge to the Company in writing, the Company shall be relieved from liability for any loss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure to so disclose such knowledge. If the Proposed Insured shall disclose such knowledge to the Company, or if the Company otherwise acquires actual knowledge of any such defect, lien or encumbrance, adverse claim or other matter, the Company at its option may amend Schedule B of this Commitment accordingly, but such amendment shall not relieve the Company from liability previously incurred pursuant to paragraph 3 of these Conditions and Stipulations. 3. Liability of the Company under this Commitment shall be only to the named Proposed Insured and such parties included under the definition of Insured in the form of policy or policies committed for and only for actual loss incurred in reliance hereon in undertaking in good faith (a) to comply with the requirements hereof, or (b) to eliminate exceptions shown in Schedule B, or (c) to acquire or create the estate or interest or mortgage thereon covered by this Commitment In no event shall such liability exceed the amount stated in Schedule A for the policy or policies committed for and such liability is subject to the insuring provisions and Conditions and Stipulations and the Exclusions from Coverage of the form of policy or policies committed for in favor of the Proposed Insured which are hereby incorporated by reference and are made a part of this Commitment except as expressly modified herein. 4. This Commitment is a contract to issue one or more title insurance policies and is not an abstract of title or a report of the condition of title. Any action or actions or rights of action that the Proposed Insured may have or may bring against the Company arising out of the status of the title to the estate or interest or the status of the mortgage thereon covered by this Commitment must be based on and are subject to the provisions of this Commitment. 5. The policy to be issued contains an arbitration clause. All arbitrable matters when the Amount of Insurance is $2,000,000.00 or less shall be arbitrated at the option ofeither the Company or the Insured as the exclusive remedy ofthe parties. You may review a copy of the arbitration rules at http://www.alta.org. COMMITMENT FOR TITLE INSURANCE SCHEDULE A 1. Effective Date: January 16, 2013 at 8:00 AM Case No. PCT23649W3 2. Policy or Policies to be issued: (a) ALTA Owner's Policy-(6/17/06) Amount$ 2,300,000.00 Premium$ 2,345.00 Proposed Insured: Rate: Re-Issue JOHN ROWLAND and SARAH BROUGHTON (b) ALTA Loan Policy-(6/17/06) Amount$ 1,725,000.00 Premium$ 125.00 Proposed Insured: Rate: Companion TO BE DETERMINED (c) ALTA Loan Policy-(6/17/06) Amount$ Premium$ Proposed Insured: Rate: 3. Title to the FEE SIMPLE estate or interest in the land described or referred to in this Commitment is at the effective date hereof vested in: 507 W GILLESPIE, LLC, A COLORADO LIMITED LIABILITY COMPANY 4. The land referred to in this Commitment is situated in the County of PITKIN State of COLORADO and is described as follows: LOT B, GILLESPIE HISTORIC PARTNERS, LLC LOT LINE ADJUSTMENT PLAT, recorded March 29, 2011 in Plat Book 96 at Page 60. PITKIN COUNTY TITLE, INC. Schedule A-PG.1 601 E. HOPKINS, ASPEN, CO. 81611 This Commitment is invalid 970-925-1766 Phone/970-925-6527 Fax unless the Insuring 877-217-3158 Toll Free Provisions and Schedules A and B are attached. AUTHORIZED AGENT Countersigned: ««f--- N SCHEDULE B - SECTION 1 REQUIREMENTS The following are the requirements to be complied with: ITEM (a) Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be insured. ITEM (b) Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record to-wit: 1. A current survey, certified by a Registered Colorado Land Surveyor must be delivered to, approved and retained by the Company 2. Release of the lien for common assessments against 507 W GILLESPIE LLC, in the amount of $1492.04 recorded March 13, 2012 as Reception No. 587381 and lien recorded December 21, 2012 as Reception No. 595136. 3. Copy of the Registration duly stamped by the Secretary of State of the State of COLORADO evidencing registration of 507 W GILLESPIE, LLC and Statement of Authority and a copy of the Operating Agreement of 507 W GILLESPIE, LLC evidencing the names and addresses of the Members and/or Managers authorized to act on behalf of said Limited Liability Company. 4. NOTE: A Statement of Authority for 507 W Gillespie LLC was recorded June 21, 2011 as Reception No. 580665. 5. Duly executed and acknowledged Deed, From : 507 W GILLESPIE, LLC, A COLORADO LIMITED LIABILITY COMPANY To : JOHN ROWLAND and SARAH BROUGHTON 6. Deed of Trust from : JOHN ROWLAND and SARAH BROUGHTON to the Public Trustee of the County of PITKIN for the use of : THE LENDER TO BE INSURED HEREUNDER to secure : $1,725,000.00 7. Evidence satisfactory to the Company that the Real Estate Transfer Tax as established by Ordinance No. 20 (Series of 1979) and Ordinance No. 13 (Series of 1990) has been paid or exempted. 8. Certificate of nonforeign status executed by the transferor(s). (This instrument is not required to be recorded) 9. Completion of Form DR 1083 regarding the withholding of Colorado Tax on the sale by certain persons, corporations and firms selling Real Property in the State of Colorado. (This instrument is not required to be recorded) 10. Evidence satisfactory to the Company that the Declaration of Sale, Notice to County Assessor as required by H.B. 1288 has been complied with. (This instrument is not required to be recorded, but must be delivered to and retained by the Assessors Office in the County in which the property is situated) SCHEDULE B SECTION 2 EXCEPTIONS The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 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. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, any facts which a correct survey and inspection of the premises would disclose and which are 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. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. 6. Taxes due and payable; and any tax, special assessment, charge or lien imposed for water or sewer service or for any other special taxing district. 7. Right of the proprietor of a vein or lode to extract or remove his ore therefrom, should the same be found to penetrate or intersect the premises hereby granted as reserved in United States Patent recorded June 8, 1888 in Book 55 at Page 2. 8. Terms, conditions, provisions, obligations and all matters as set forth in Ordinance No. 20, Series of 2001 by Aspen City Council recorded August 13, 2001 as Reception No. 457449. 9. Terms, conditions, provisions and obligations as set forth in City of Aspen Ditch Relocation and Easement Agreement recorded August 13,2001 as Reception No. 457473 10. Terms, conditions, provisions and obligations as set forth in Subdivision Exemption Agreement for the Beck Historic Subdivision and Historic Landmark Lot Split recorded August 13, 2001 as Reception No. 457474 11. Easements, rights of way and all matters as disclosed on Plats of subject property recorded August 13, 2001 in Plat Book 58 at Page 40 and recorded March 29, 2011 in Plat Book 96 at Page 60. 12. Terms, conditions, provisions, obligations and all matters as set forth in Resolution of the Aspen Planning and Zoning Commission recorded December 10, 2001 as Reception No. 461617 as Resolution No. 1-19, Series of 2001 and Resolutions of the Aspen Historic Preservation Commission recorded February 8, 2002 as Reception No. 463767 as Resolution No. 34, Series of 2001 and recorded October 24,2002 as Reception No. 473890 as Resolution No. 25, Series of 2001. 13. Terms, conditions, provisions and obligations as set forth in Easement for the Si Johnson Ditch recorded July 28,2004 as Reception No. 500141 14. Terms, conditions, provisions and obligations as set forth in Agreement Regarding Setbacks recorded July 28,2004 as Reception No. 500145 15. Terms, conditions, provisions and obligations as set forth in Resolutions of the Aspen Historic Preservation Commission recorded April 27,2007 as Reception No. 537081 as Resolution No. 10, Series of 2007 and recorded October 11, 2007 as Reception No. 542977 as Resolution No. 35, Series of 2007. 16. Terms, conditions, provisions and obligations as set forth in Grant of Easement recorded March 29, 2011 as Reception No. 578719 (Continued) SCHEDULE B SECTION 2 EXCEPTIONS - (Continued) 17. Encroachment of fence on East and West sides of subject property and all matters as disclosed by Improvement Survey Plat of Tuttle Surveying Services dated December 6, 2012. . ENDORSEMENT SCHEDULE FOR LENDERS POLICY FILE NO: PCT23649W3 BORROWER: JOHN ROWLAND and SARAH BROUGHTON The following endorsements will be issued in connection with the Policy to be issued hereunder as referenced above: Form: $ Form: $ Fonn: $ Form: $ Form: $ Upon compliance with the requirements set forth below, the following exceptions will be deleted from the final title policy. The fee for deleting exceptions 1 thru 3 is $50.00. The fee for deleting exception 4 is $10.00 for Residential Property and $25.00 for Commercial Property. Exception Number 5 will be deleted upon recordation of the documents called for on the Requirement Page. Exception Number 6 will be amended to read: Taxes for the current year not yet due or payable, upon evidence satisfactory that the Taxes for prior years have been paid in full. NOTE: A satisfactory affidavit and agreement indemnifying the Company against unfiled mechanic's and materialmens liens, executed by the borrower and any additional parties deemed necessary by the Company. The company hereby reserves the right to make additional requirements as may be deemed necessary in the event additional facts regarding development, construction or other building or work are disclosed to the company that may fall within any lien period as defined in the Statues of the State of Colorado, and may result in additional premiums and/or fees for such coverage and any additional requirements deemed necessary by the Company. The Company hereby reserves the right to deny any of the above coverage's at its sole discretion. ENDORSEMENT SCHEDULE FOR OWNERS POLICY ATTACHED TO AND BECOMING A PART OF CASE NO: PCT23649W3 SELLER: 507 W GILLESPIE, LLC, A COLORADO LIMITED LIABILITY COMPANY BUYER: JOHN ROWLAND and SARAH BROUGHTON The following endorsements will be issued in connection with the Policy to be issued hereunder as referenced above: ENDORSEMENTS: For a fee of: $ For a fee of: $ For a fee of: $ For a fee of: $ For a fee of: $ Upon compliance with the requirements set forth below, the following exceptions will be deleted from the final policy. The fee for deleting exceptions 1 thru 3 with the issuance of Form 130 is $50.00 A satisfactory affidavit and agreement indemnifying the Company against any defects, liens, encumbrances, adverse claims, or other matters known by Seller and Buyer. The Company hereby reserves the right to make additional requirements as may be deemed necessary in the event information regarding defects, liens, encumbrances, adverse claims, or the like are discovered. The fee for deleting exception 4 is $10.00 for Residential Property and $25.00 for Commercial Property. Exception Number 5 is automatically deleted upon recordation of the documents called for on the requirement page of this commitment. Exception Number 6 will be amended to read: Taxes for the current year not yet due or payable, upon evidence satisfactory that the Taxes for the prior year(s) have been paid. NOTE: A satisfactory affidavit and agreement indemnifying the Company against unfiled mechanic's and materialmens liens, executed by the seller and any additional parties deemed necessary by the Company. The company hereby reserves the right to make additional requirements as may be deemed necessary in the event additional facts regarding development, construction or other building or work are disclosed to the company that may fall within any lien period as defined in the Statues of the State of Colorado, and may result in additional premiums and/or fees for such coverage. NOTE: A current survey, certified by a Registered Colorado Land Surveyor must be delivered to, approved and retained by the Company for Deletion of Printed Exception No. 3. (NOT REQUIRED FOR CONDOMINIUM OR TOWNHOME UNITS) ADDITIONAL INFORMATION AND DISCLOSURES The Owner's Policy to be issued, if any shall contain the following items in addition to the ones set forth above: (1) The Deed of Trust, if any, required under Schedule B-Section 1. (2) Water rights, claims or title to water. (NOTE: THIS EXCEPTION WILL APPEAR ON THE OWNER'S AND MORTGAGE POLICY TO BE ISSUED HEREUNDER) Pursuant to Insurance Regulation 89-2 NOTE: Each title entity shall notify in writing every prospective insured in an owner's title insurance policy for a single family residence (including a condominium or townhouse unit) (i) of that title entity's general requirements for the deletion of an exception or exclusion to coverage relating to unfiled mechanics or materialmens liens, except when said coverage or insurance is extended to the insured under the terms of the policy. A satisfactory affidavit and agreement indemnifying the Company against unfiled mechanics' and/or Materialmen's Liens executed by the persons indicated in the attached copy of said affidavit must be furnished to the Company. Upon receipt of these items and any others requirements to be specified by the Company upon request, Pre-printed Item Number 4 may be deleted from the Owner's policy when issued. Please contact the Company for further information. Notwithstanding the foregoing, nothing contained in this Paragraph shall be deemed to impose any requirement upon any title insurer to provide mechanics or materialmens lien coverage. NOTE: If the Company conducts the owners or loan closing under circumstances where it is responsible for the recording or filing of legal documents from said transaction, the Company will be deemed to have provided "Gap Coverage". Pursuant to Senate Bill 91-14 (CRS 10-11-122) (a) The Subject Real Property may be located in a Special Taxing District; (b) A Certificate of Taxes Due listing each taxing jurisdiction may be obtained form the County treasurer of the County Treasurer's Authorized Agent; (c) Information regarding Special Districts and the boundaries of such districts may be obtained from the Board of County Commissioners, the County Clerk and Recorder, or the County Assessor. NOTE: A tax Certificate or other appropriate research will be ordered from the County Treasurer/Assessor by the Company and the costs thereof charged to the proposed insured unless written instruction to the contrary are received by the company prior to the issuance of the Title Policy anticipated by this Commitment. Pursuant to House Bill 01-1088 (CRS 10-11-123) If Schedule B of your commitment for an Owner's Title Policy reflects an exception for mineral interests or leases, pursuant to CRS 10-11-123 (HB 01-1088), this is to advise: (a) There is recorded evidence that a mineral estate has been severed, leased or otherwise conveyed from the surface estate and that there is a substantial likelihood that a third party holds some or all interest in oil, gas, other minerals or geothermal energy in the property and (b) That such mineral estate may include the right to enter and use the property without the surface owners' permission. NOTE: The policy(s) of insurance may contain a clause permitting arbitration of claims at the request of either the Insured or the Company. Upon request, the Company will provide a copy of this clause and the accompanying arbitration rules prior to the closing of the transaction. NOTICE REGARDING CONSTRUCTION FINANCING: If it is not disclosed to the company that the loan to be insured hereunder is in fact a construction loan, any coverage given under the final policy regarding mechanic or materialmen's liens shall be deemed void and of no effect. Pitkin County Title, Inc. Privacy Policy We collect nonpublic information about you from the following sources: · Information we receive from you, such as your name, address, telephone number, or social security number; · Information about your transactions with us, our affiliates, or others. We receive this information from your lender, attorney, real estate broker, etc.; and Information from public records We do not disclose any nonpublic personal information about our customers or former customers to anyone, except as permitted by law. We restrict access to nonpublic personal information about you to those employees who need to know that information to provide the products or services requested by you or your lender. We maintain physical, electronic, and procedural safeguards that company with appropriate federal and state regulations. Notice of Privacy Policy of Westcor Land Title Insurance Company Westcor Land Title Insurance Company ("WLTIC") values its customers and is committed to protecting the privacy of personal information. In keeping with that philosophy, we have developed a Privacy Policy, set out below, that will ensure the continued protection of your nonpublic personal information and inform you about the measures WLTIC takes to safeguard that information. Who is Covered We provide our Privacy Policy to each customer when they purchase an WLTIC title insurance policy. Generally, this means that the Privacy Policy is provided to the customer at the closing of the real estate transaction. Information Collected In the normal course of business and to provide the necessary services to our customers, we may obtain nonpublic personal information directly from the customer, from customer-related transactions, or from third parties such as our title insurance agents, lenders, appraisers, surveyors or other similar entities. Access to Information Access to all nonpublic personal information is limited to those employees who have a need to know in order to perform their jobs. These employees include, but are not limited to, those in departments such as legal, underwriting, claims administration and accounting. Information Sharing Generally, WLTIC does not share nonpublic personal information that it collects with anyone other than its policy issuing agents as needed to complete the real estate settlement services and issue its title insurance policy as requested by the consumer. WLTIC may share nonpublic personal information as permitted by law with entities with whom WLTIC has a joint marketing agreement. Entities with whom WLTIC has a joint marketing agreement have agreed to protect the privacy of our customer's nonpublic personal information by utilizing similar precautions and security measures as WLTIC uses to protect this information and to use the information for lawful purposes. WLTIC, however, may share information as required by law in response to a subpoena, to a government regulatory agency or to prevent fraud. Information Security WLTIC, at all times, strives to maintain the confidentiality and integrity of the personal information in its possession and has instituted measures to guard against its unauthorized access. We maintain physical, electronic and procedural safeguards in compliance with federal standards to protect that information. The WLTIC Privacy Policy can also be found on WLTIC's website at www.wltic.com. . AMERICAN LAND TITLE ASSOCIATION COMMITMENT 6-17-06 WESTCOR LAND TITLE INSURANCE COMPANY COMMITMENT FOR TITLE INSURANCE HOME OFFICE 201 N. New York Avenue, Suite 200 Winter Park. Florida 32789 Telephone: (407) 629-5842 - PJTKIN COUNTY TITLE, INC. 601 E. HOPKINS, THIRD FLOOR ASPEN, CO 81611 970-925-1766/970-925-6527 FAX TOLL FREE 877-217-3158 WIRING INSTRUCTIONS FOR ALL TRANSACTIONS REGARDING THE CLOSING OF THIS FILE ARE AS FOLLOWS: ALPINE BANK-ASPEN 600 E. HOPKINS AVE. ASPEN, CO. 81611 ABA ROUTING NO. 102103407 FOR CREDIT TO: PITKIN COUNTY TITLE, INC., ESCROW ACCOUNT ACCOUNT NO. 2021 012 333 REFERENCE:PCT23649W3/JOHN ROWLAND and SARAH BROUGHTON i FEN) NI 2 --1 powland+: roughton E 77 architecture and urban design CD U) AFFIDAVIT 1 C- 7 U 0 Project: 507 Gillespie 0 CD 5 Date: 3 April 2013 CD h 00 CO 0 0 CD We acknowledge the following items as it pertains to the establishment of historic TDR's for 507 W. Gillespie as Ul A per Land Use Code 26.535.090.A.2 a) A deed restriction will permanently encumber the sending site and restrict that property's development rights to below that allowed by right by zoning according to the number of historic TDR certificates established from that sending site. b) For each certificate of development right issued by the City for that particular sending site, that property shall be allowed two hundred and fifty (250) square feet less of floor area, as permitted according to the property's zoning, as amended. c) The sending site property owner shall have not authority over the manner in which the certificate of development right is used by subsequent owners of the historic TDR certificate. Sione*9 4%40 44 -fu John Rotifidand Sarah Broughton State of: 62,(orec·G County of: Pr\-\Uvu-- FL·Al Subscribed and sworn to before Me this 3 day of AM\, 40,3 5~ ( FARLEY Notary Public: i 1 6174~~*z- *4~-*)J~ 1 My Commission expiresT~2\ 63,472)\(r Page 1 of 1 online w .rowlandbro g ton office@rowlandbroughton.com denver # 06, d nver co 80205 3 308.1373 f 303.308.1375 aspen 34 e. hopkins avenue, aspen co 81611 t 9 f 970.544 3473 -9 .. .~, U/4 '044 ' ritkln <~, f#74. / v C - N ~ Green %,69 - C L-- 07 '4\0.-~~r/,4, 22 9 .\Aper 1 Ii- Il hullit e 7---~d 1 Flush Rd,Nloar toy -61\- fi ./1 in· 9,06 "62 (4 ·\4111 111 \14 16,11 /-61 Nam 1.12--~ ·A Festival Ti '1 IL .ake rn- ippl \ -\\ Gillesple Sl. 0,111¥ Br ~ Rio braille pear\ Fam#n&-ital 5ti jrhe4 \ Tro# 0 .No th tit. CL \ Smu cer ~.pupp\0\ S, 05 . S \ (/ (5 - <--/0 We t End Francis St. H Bleeker St. (/3 Hallam St. Je 5 2% C Main St. Sal nii// Ct. f 0 k In 5 Ave , M - 507 W. GILLESPIE STREET ASPEN, CO 81611 Sneak Ln Cast/e Meadowc Rd. 1 Shady ~/ Cemeter ' ~ 10Y) 3~ PM lueld J 7th 0 4 Z ro 13 22}N 2 41 N -J rowland+Hroughton 8 2 g. g. architecture and urban design %(D-0 MEMORANDUM Project: 507 Gillespie Subject: Establishment of TDR's Date: 2 April 2013 To: Amy Guthrie From: John Rowland CC: Project Description: 507 Gillespie is Lot B, a vacant lot created in 2001 as part of a two lot subdivision known as the Beck Historic Landmark Lot Split. It is located at 507 West Gillespie Avenue in a R-6 residential zone district. The lot was first created in 2001 with 4,572SF of land area but was adjusted to 5,086SF through a lot line adjustment recorded in March of 2011. As part of both the Lot Split in 2001 and the Lot Line Adjustment in 2011, the lot has right by zoning for a maximum allowable floor area of 2,840SF. This application is asking for a permanent deed restriction restricting the property's floor area to 2,340SF in exchange for the establishment of (2) historic TDR's of 250SF each. This is a 500SF reduction in the allowed by right zoning floor area (2,340SF instead of allowed 2,840SF). 26.535.070 Review criteria for establishment of a historic transferable development right All of the standards outlined in this section of the Land Use Code have been met (as outlined below). 507 West Gillespie is the sending site. A. The sending site is in the R-6 zone district and has a single-family residence permitted use. B. The sending site has the allowed by right zoning for a single-family residence with 2,840SF floor area. This application seeks to create (2) historic TDR's of 250SF each, restricting the allowable floor area to 2,340SF on the sending site. C. The establishment of TDR certificates will not create a nonconformity. D. The sending site shall be allowed the development right by zoning for a single-family residence and shall not include the potential to gain floor area bonuses, exemptions or similar potential development incentives. E. Any development order to develop floor area, beyond that remaining legally connected to the property after establishment of TDR Certificates, shall be considered null and void. F. The proposed deed restriction permanently restricts the maximum development of the property (the sending site) to an allowable floor area not exceeding the allowance for a single-family residence minus 250SF of floor area multiplied by the number of historic TDR certificates established. G. A real estate closing has been scheduled at which, upon satisfaction of all relevant requirements, the City shall execute and deliver the applicable number of historic TDR certificates to the sending site property owner and that property owner shall execute and deliver a deed restriction lessening the available development right of the subject property together with the appropriate fee for recording the deed restriction with the County Clerk and Recorder's office. H. The sending site is a vacant lot and there is not built floor area. Page 1 of 2 aspen 34 e. ho kins avenue, aspen co 81 611 t 970.544.9006 f 970.544 3473 S~e~tug#10~ ~Jnver~°~t{)~92wla~n~~~~0981t103nl~mt 303.308 1375 rowland+broughton architecture and urban design 1. The sale, assignment, conveyance or other transfer or change in ownership of transferable development rights certificates shall be recorded in the real estate records of the Pitkin County Clerk and Recorder and must be recorded by the grantor to the City of Aspen Community Development Department within five (5) days of such transfer. The report of such transfer shall disclose the certificate number, the grantor, the grantee and the total value of the consideration paid for the certificate. Failure to timely or accurately report such transfer shall not render the transferable development right certificate void. Page 2 of 2 Easy Peel® Labels i A m Bend ajong line to ~ AVERY® 5160® 3 Use Avery® Template 5160® Feed Paper - expose Pop-up Edger,1 ~ 515 GILLESPIE LLC 600 NORTH STREET LLC AMERY SALADIN PO BOX 10129 1427 CLARKVIEW ROAD # 500 619 N FOURTH ST ASPEN, CO 81612 BALTIMORE, MD 21209 ASPEN, CO 81611 ASPEN FAMILY INVESTMENTS LLC ASPEN INSTITUTE INC CHRIST EPISCOPAL CHURCH 8401 VISTA LN 1000 N THIRD ST 536 W NORTH ST PRESCOTT, AZ 86305 ASPEN, CO 81611 ASPEN, CO 81611 DURAND LOYAL 111 DR & BERNICE COLLINS CHARLES & JANICE S EBRAHIMI FRANCESCA BLACK 531 W GILLESPIE ST 619 N FOURTH ST 415 PEARL CT ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 816111256 FELDER RICHARD & DEBORAH LIV ELLIOTT ELYSE A TRUST FALENDER STEVEN & DEBRA TRUST 610 NORTH ST 603 W GILLESPIE ST 11498 E CAROL WAY ASPEN, CO 81611 ASPEN, CO 81611 SCOTTSDALE, AZ 85259-2620 FOX SAM & MARILYN FRAZER WILLIAM R & JANE Z TRST GOLDSMITH JOHN & BARBARA L 7701 FORSYTH BLVD 433 W GILLESPIE 733 25TH ST CLAYTON, MO 63105 ASPEN, CO 81611 SANTA MONICA, CA 90402-3143 KOLBE EMILY E LEWIS ADAM J TRUST MONTENEGRO GRACE LLC C/O HOOTENANNY LLC 500 S DIXIE HWY #201 444 MADISON AVE 4TH FL 205 S MILL ST #226 CORAL GABLES, FL 33146 NEW YORK, NY 10022 ASPEN, CO 81611 MUSIC ASSOCIATES OF ASPEN INC NITZE WILLIAM A NORTH 4TH STREET ASSOC 225 MUSIC SCHOOL RD 1537 28TH ST NW PO BOX 7943 ASPEN, CO 81611 WASHINGTON, DC 20007 ASPEN, CO 81612 ODOM JOHN A JR FAM TRUST 50% PETERSON JAMES D & HENSLEY R - RICHARDS ANN K ODOM LORRIE FURMAN QPRT 50% PO BOX 1714 1537 28TH ST NW 11490 W 38TH AVE ASPEN, CO 81612 - WASHINGTON, DC 20007 WHEATRIDGE, CO 80033 SALTER JAMES SMALL ALBERT H JR STUNDA STEVEN R 500 NORTH ST 7311 ARROWOOD RD 602 N 4TH ST ASPEN, CO 81611 BETHESDA, MD 20817 ASPEN, CO 81611-1212 VANDERAA GILBERT T 111 UHLFELDER NAOMI WEST NORTH ASPEN LLC C/O HOOTENANNY LLC 111 EMERSON ST #1841 4049 PENNSYIVANIA AVE #400 205 S MILL ST #226 DENVER, CO 802183792 KANSAS CITY, MO 64111 ASPEN, CO 81611 1 A Etiquettes faciles & peler Repliez & la hachure afin de 1 www-avery.com I Sens de Utiiisez le gabarit AVERY® 5160® chargement rdvuler le rebord Pop-UpMC 1 1-800-GO-AVERY 1 ........ IMPROVEMENT SURVEY PLAT GILLESPIE STREET (65' R.O.W.) LOT B ~*4 1 0 4~ 19 PE-*%,be<AC 9,*4161*23ift*3@13%1*r<kE# g GILLESPIE HISTORIC PARTNERS, LLC % - 4 0- . . ,7885.39 -~4kwum . %--r6*r"-- € EDGE OF PAVEMENT~l X7886.67 49' r * 4}*14'f~t 4 tdAA--c#*66,++ J.FMS*5, DA -- =21 w. 1,~223-1 LOT LINE ADJUSTMENT PLAT 7'Vi 7. el,w ..... 4%,A 1 .0 ..~ 119..E.:~26~~.R<Willrl~i, ~db.li:'* Qo ROCK WA.L 9.7 + 1 %2*k .1 - i. 0 0 ~- ~~©81~-~ / ~ CITY OF ASPEN, COUNTY OF PEKIN, STATE OF COLORADO 2 2 -- ...>«885.96 >686.04 X7886.47 -¥ £~#-*id.+*4£9,2,4*4$:fkligy*14»44 LEGEND AND NOTES: H,05'lfr buft:~ 2'*~21§*-1,#irtt?»~0R-*Fjj nvert 14" - o INDICATES FOUND MONUMENT AS DESCRIBED f-2 ' i op.4 % 4 <0~*ttonwood x7886.9~3 7885.47 - DATE OF SURVEY: DECEMBER 4, 2012 -1 9.- h. eD -~9,;24-1 - UNIT OF MEASUREMENT: US SURVEY FOOT FOUND NO. 5 IL~LAG~BEULCEA~RAE~~r~~*~~~~W b~~~PB~ ~~%8~< 1 - LEGAL DESCRIPTION: - - LOT B. NTPO'00'00 £14'414* ,#•* 0 ! ' ~~ ~ F 4~~ / 36.49' - _ _ _ _ GILLESPIE HISTORIC PARDVERS LLC LOT LINE ADJUS7¥ENT PLA E RECORDED MARCH 29, 2011 IN PLA T BOOK 96 AT PAGE 60. 0€41042 o ~ FOUND NO. 5 *Pr W =34 k *6**Ckh :' MW,:..444- :. '%,AA/- k r>.1,-mt»~~ 1 1/ 44 MARKED LS 16129 j~ <t~ ~jt*cottonwood *1 PLASIC CAP .#''I,T.:.-' /1/r~.'42 f IN# f '1. 1...e 42. /. h ,e REBAR & YELLOW - CITY OF ASPEN & PIn<IN COUNTY ZONING: R-6 E- i 42.9.22* I - 1 i ,-44*9 1 . 6'J - FLOOD ZONE DESIGNATION: ZONE X "AREAS DETERMINED TO BE OUTSIDE OF 500 YEAR FLOODPLAIN" PER FEMA FLOOD -- INSURANCE RATE MAP PANEL 203 OF 325, MAP 8 08097C0203C ' ~-£,L._M•ert 16" Cl#' VICINITY MAP 1/ j 7885.75 X7887.32 X7887.25 SCALE: 1"=2000' \ ~ - BEARINGS ARE BASED UPON FOUND NO.5 REBARS & ILLEGIBLE RED PLASTIC CAPS ALONG THE WESTERN BOUNDARY OF SAID \ PARCEL. USING A BEARING OF NOO*00'00*E BETWEEN THE TWO DESCRIBED MONUMENTS AS SHOWN HEREON. .1 1 1 El I - THIS SURVEY DOES NOT REPRESENT A TITLE SEARCH BY THIS SURVEYOR TO DETERMINE OWNERSHIP OR TO DISCOVER \ EASEMENTS OR OTHER ENCUMBRANCES OF RECORD. ALL INFORMATION PERTAINING TO OWNERSHIP, EASEMENTS OR OTHER &1 10' St JOHNSON ENCUMBRANCES OF RECORD HAS BEEN TAKEN FROM TITLE INSURANCE COMMITMENTS ISSUED BY PITKIN COUNTY TITLE, INC., DATED DITCH EASEMENT i j - EFFECTIVE NOVEMBER 28, 2012 AS CASE NO. PCT23649W. REC. NO. 500141 -c THIS PROPERTY IS SUBJECT TO THE FOLLOWING EXCEPHONS PER SAID TITLE COMMITMENT: 515 GILLESPIE LLC ~ JOHN ODOM AND LORRIE P.O. BOX 10129 0 FURMAN ODOM 7. RIGHT OF THE PROPRIETOR OF A VEN OR LODE TO EXTRACT OR REMOVE HIS ORE THEREFROM, SHOULD THE SAME BE FOUND ASPEN, CO. 81612 11490 W. 38™ AVE. )<7887.59 ~ WHEATRIDGE, CO. 80033 TO PENETRATE OR INTERSECT THE PREMISES HEREBY GRANTED AS RESERVED IN UNITED STATES PATENT RECORDED JUNE 8, 1888 *7887.79 IN BOOK 55 AT PAGE 2. (MAY AFFECT SUBJECT PARCEL, BUT CANNOT BE GRAPHICALLY DEPICTED.) LOT B LOT A GILLESPIE HISTORIC 8. TERMS, CONDITIONS, PROVISIONS, OBLIGATIONS AND ALL MATTERS AS SET FORTH IN ORDNANCE NO. 20, SERIES OF 2001 BY GILLESPIE HISTORIC 1 PARTNERS, LLC ASPEN CITY COUNCIL RECORDED AUGUST 13, 2001 AS RECEPTION NO. 457449. (AFFECTS SUBJECT PARCEL BUT CANNOT BE 1 PARTNERS LLC LOT ~ I LOT LINE GRAPHICALLY DEPICTED.) LINE ADJUSTMENT PLAT, ADJUSTMENT PLAT, 1-- PLAT BOOK 96 AT PAGE ~ ~,~ 5,086 SQ. FL * 60. , S PLAT BOOK 96 AT 9. TERMS, CONDKnONS, PROVISIONS AND OBLIGATIONS AS SET FORTH IN CITY OF ASPEN DITCH RELOCATION AND EASEMENT PAGE 60. AGREEMENT RECORDED AUGUST 13, 2001 AS RECEP-nON NO. 457473. (AFFECTS SUBJECT PARCEL, BUT CANNOT BE GRAPHICALLY ~~./nirt 160 CAdP DEPICTED.) 7885.90 X7887.70 X7887.46 10. TERMS. CONDITIONS, PROVISIONS AND OBLIGATIONS AS SET FORTH IN SUBDIVISION EXEMPTION AGREEMENT FOR THE BECK 1 - -l -*I-- -Ill I- -il- j 4 11 HISTORIC SUBDMSION AND HISTORIC LANDMARK LOT SPLIT RECORDED AUGUST 13. 2001 AS RECEPTION NO. 457474. (AFFECTS - SUBJECT PARCEL., BUT CANNOT BE GRAPHICALLY DEPICTED.) - 5.3' WEST YARD SETBACK REC. NO. 500145 11. EASEMENTS, RIGHTS OF WAY AND ALL MATTERS AS DISCLOSED ON PLATS OF SUBJECT PROPERTY RECORDED AUGUST 13, 2001 t GAS Gv IN PLAT BOOK 58 AT PAGE 40 AND RECORDED MARCH 29, 2011 IN PLAT BOOK 96 AT PAGE 60. (AFFECTS SUBJECT PARCEL AS 0 VAL IE M SHOWN HEREON.) 1 0 X7887.85 X788¢43 6 12. TERMS, CONDIHONS. PROVISIONS, OBLIGATIONS AND ALL MATTERS AS SET FORTH IN RESOLUTION OF THE ASPEN PLANNING 1 f AND RESOLUTIONS OF THE ASPEN HISTORIC PRESERVATION COMMISSION RECORDED FEBRUARY 8, 2002 AS RECEPTION NO. 463767 AND ZONING COMMISSION RECORDED DECEMBER 10, 2001 AS RECEPION NO. 461617 AS RESOLUTION NO. 1-19, SERIES OF 2001 2 X7887.67 SERIES OF 2001. (AFFECE SUBJECT PARCEL, BUT CANNOT BE GRAPHIC,ILL Y DEP/ClED.) X7887.52 AS RESOLUTION NO. 34, SERIES OF 2001 AND RECORDED OCTOBER 24, 2002 AS RECEPTION NO. 473890 AS RESOLUTION NO. 25, t 1 1 x 13. TERMS, CONDITIONS, PROVISIONS AND OBLIGATIONS AS SET FORTH IN EASEMENT FOR THE Sl JOHNSON DITCH RECORDED JULY NAOMI UHLFELDER 28, 2004 AS RECEPTION NO. 500141. (AFFECTS SUBJECT PARCEL AS SHOWN HEREON.) 111 EMERSON ST. #1841 DENVER, CO. 80218 14. TERMS, CONDITIONS, PROVISIONS AND OBUGATIONS AS SET FORTH IN AGREEMENT REGARDING SETBACKS RECORDED JULY 28, \ UNDERGROUND SEWER EASEMENT . 2004 AS RECEPTION NO. 500145. (AFFECTS SUBJECT PARCEL AS SHOWN HEREON.) REC. NO. 578719 \ - , 6 15. TERMS, CONDITIONS, PROVISIONS AND OBL/GA-DONS AS SET FORTH IN RESOLUTIONS OF THE ASPEN HISTORIC PRESERVAION COMMISSION RECORDED APRIL 27. 2007 AS RECEPTION NO. 537081 AS RESOLUTION NO. 10, SERIES OF 2007 AND RECORDED X7887.78 OCTOBER 11, 2007 AS RECEPTION NO. 542977 AS RESOLUTION NO. 35, SERIES OF 2007. (AFFECTS SUBJECT PARCEL, BUT < ~1 ><7887.80 6 CANNOT BE GRAPHICALLY DEPICTED.) CONG @ X7887.90 1 1 PAD 16. TERMS, COND,nONS, PROVISIONS AND OBUGATIONS AS SET FORTH IN GRANT OF EASEMENT RECORDED MARCH 29, 2011 AS L_ , IT RECEPRON Na 578719 (AFTECE SUBJECT PARCEL AS SHOWN HEREON) /1 - - FOUND Not 5 REBAR & ock Cv,4 1 ALUMINUM CAP - - <7888.32 06 < MARKED LS 3132 SURVEYOR'S CERTIFICATE: FOUND NO. 5 *mzzz&422 3.87' W.C. REBAR & TELEPHONE ~~ STE BENCHMARK ILLEGIBLE RED / PEDESTAL~ ELEV. 7888.57 1, JEFFREY ALLEN TUTU BEING A PROFESSIONAL LAND SURVEYOR IN THE STATE OF COLORADO, DO HEREBY PLASTIC CAP ~ *F OF GMA'kz CERTIFY THAT THIS IMPROVEMENT SURVEY WAS PREPARED FROM AN ACTUAL MONUMENTED LAND SURVEY OF THE ~888.26 PROPERTY CORNER MONUMENTS, BOTH FOUND AND SET, UNDER MY DIRECT SUPERVISION AND CHECKING; THAT IT IS \ ALLEY BLOCK 99 p..... WERE DETERMINED BY AN ACCURATE CONTROL SURVEY IN THE FIELD WHICH BALANCED AND CLOSED WITHIN A LIMIT CORRECT TO THE BEST OF MY BELIEF AND KNOWLEDGE AND THAT ALL DIMENSIONS, BOTH UNEAR AND ANGULAR LINE TABLE •444,4*3' 9 - ADDITION OF 1 IN 15,000 (WYCH COMPLIES WITH COLORADO PROFESSIONAL STANDARDS FOR A LAND SURVEY PLAT AND THE LINE BEARING LENGTH ~ ~'~ '40 CURRENT ACCURACY STANDARDS FOR AL TA/(CSM LAND 777ZE SURVEYS).· 1 FUR7HER CERMFY 7HAT 771£ (15' R.O.W.) Ll S 66*14'0" E 4.42' 19. IMPROVEMENTS ON THE ABOVE DESCRIBED PARCEL ON THIS DATE, DECEMEBER 6. 2012, EXCEPT UnLITY CONNECTIONS, ARE ENnRELY WITHIN THE BOUNDARIES OF THE PARCEL, EXCEPT AS SHOWN, THAT THERE ARE NO ENCROACHMENTS L2 N 69'45'58" W 4.31' 16% 4. .9- e UPON THE DESCRIBED PREMISES BY IMPROVEMENTS ON ANY ADJOINING PREMISES EXCEPT AS INDICATED, AND THAT Nt City of Aspen -4~- Control G.P.S. #9 TNfp!7 22 'A:~ OR SIGN OF ANY EASEMENT CROSSING OR BURDENING ANY PART OF SAID PARCEL GRAPHIC SCALE (NAVD 88) 23/...,6 AL-LE,09.>...,4,11 City of Aspen Control G.P.S. ila 1~ O 1#UY *411»luc~·- Ov»Z) 88) , · M KI 04/03/2013 ( IN FEET ) JEFFREY ALLEN ~1%1***~' 33638 DATE 1 inch = 10 ft Notice: TUTTLE SURVEYING SERVICES 507 W. GILLESPIE STREET IMPROVEMENT Drawn by: J W According to Colorado law, wu must commence any kyal act€on based upon any defect in 727 Blake Avenue iT this survey wOMn three years gner you first discover such defect In no event may Glenwood Springs, Colorado 81601 - 070 - any legal act€on based upon any defect in SURVEY PLAT Date: 12/06/12 this survey be commenced more than ten years (970) 928-9708 (FAX 947-9007) Jrom the date of the certification shown TUTTLE SURVEYING SERVICES ASPEN, CO 81611 herein Emait- ieff@tss-us. com - 1 KE 1 ........ 2288" ~ 56.59'