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Home My WebLink AboutLand Use Case.1235 Mountain View Dr.0057.2014.ASLUCL , ...... -- - -- . - e.--- 1 - -- . -- 0057.2014.ASLU 1235 MOUNTAIN VIEW RD ~ ORDINANCE AMENDMENT 1 2735-013-00-812 1 ler 1{7< 0, 6 .1 4: 1 ?Cok I THE CITY OF ASPEN City of Aspen Community Development Department CASE NUMBER 0057.2014.ASLU PARCEL ID NUMBERS 2735-013-00-812 PROJECT ADDRESS 1235 MOUNTAIN VIEW DRIVE PLANNER JENNIFERPHELAN CASE DESCRIPTION ORDINANCEAMENDMENT REPRESENTATIVE Z-GROUP ARCHITECTS - SETH HMIELOWSKI/ MELANIE NOONAN DATE OF FINAL ACTION 11/20/2014 CLOSED BY ROBERT GREGOR ON: 05/22/2015 DEVELOPMENT ORDER ofthe City of Aspen Community Development Department This Development Order, hereinafter "Order", is hereby issued pursuant to Section 26.304.070, "Development Orders", and Section 26.308.010, "Vested Property Rights", of the City of Aspen Municipal Code. This Order allows development of a site specific development plan pursuant to the provisions of the land use approvals, described herein. The effective date ofthis Order shall also be the initiation date of a three-year vested property right. The vested property right shall expire on the day after the third anniversary of the effective date of this Order, unless a complete building permit is submitted pursuant to Section 26.304.075, or unless an exemption, extension, reinstatement, or a revocation is issued by City Council pursuant to Section 26.308.010. After Expiration of vested property rights, this Order shall remain in full force and effect, excluding any growth management allotments granted pursuant to Section 26.470, but shall be subject to any amendments to the Land Use Code adopted since the effective date of this Order. This Development Order is associated with the property noted below for the site specific development plan as described below. Jim and Kristi Farrey, 550 Lazy Chair Road, Aspen, CO 81611 Property Owner's Name, Mailing Address Generally described as a tract of land in the SW1/4 of Section 1, Township 10 South, Range 85 West of the 6th P.M.,1235 Mountain View Drive Legal Description and Street Address of Subject Property The ordinance allows additional affordable housing mitigation options including the development or purchase of an off-site affordable housing unit or the purchase of affordable housing credits to remove the on-site affordable housing unit. Written Description of the Site Specific Plan and/or Attachment Describing Plan Ordinance 34 (series of 2014) Land Use Approval(s) Received and Dates (Attach Final Ordinances or Resolutions) November 20,2014 Effective Date of Development Order (Same as date of publication of notice of approval.) November 21,2017 Expiration Date of Development Order (The extension, reinstatement, exemption from expiration and revocation may be pursued in accordance with Section 26.308.010 ofthe City of Aspen Municipal Code.) Issued this 20th day of November, 2014, by the City of Aspen Community Development Director. Â«944Â»4 Chris Bendon, Community Development Director le,n AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.070 AND CHAPTER 26.306 ASPEN LAND USE CODE ADDRESS OF PROPERTY: 2 ~0 Aspen, CO STATE OF COLORADO ) ) SS. County of Pitkin ) (name, please print) being or representing an Applicant to the City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) or Section 26.306.010 (E) of the Aspen Land Use Code in the following manner: \0/ Publication of notice: By the publication in the legal notice section of an official paper or a paper o f general circulation in the City of Aspen no later than fourteen (14) days after final approval of a site specific development plan. A copy of the publication is attached hereto. Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen no later than fifteen (15) days after an Interpretation has been rendered. A copy of the publication is attached hereto. A-5 -2 2-1 7 Signature The foregoing "Affidavit of Notice" was acknowledged before me this .20 day of govâ‚¬N,LbLF , 201)43 by ,4*Uy-2-6- SC'-CL-,-a WITNESS MY HAND AND OFFICIAL SEAL PUBLIC NOTICE et My commission expires : O/~ 57~ c/6 DEVELOPMENT APPROVAL Notjcels hereby given to the general public of the 0,36 2 Kt CLO 2 Â·j.9 approval of a site-specific development plan and , ' .., 01 the creation ol a vested property right pursuant to the Land Use Code of the City of Aspen and Title .2 J 24, Article 68, Colorado Revised Statutes. pertain Notary *blic ing to the following described property: a tract of 4 Â·2 63 land in lhe SW1/4 of Section 1, Township 10 -T Or f -4 South. Range 85 West of the 6th P.M. with the de .4 9 failed legal description on file with the Community -1- 41 '/ Ch Development Department and commonly known as 1235 Mountain View Drive (lormerly known as the .... 1.*. 2. . ' Messiah Lutheran Church) by Ordinance No. 34 ATTACHMENTS: r ' .: ..Â·Â·'4 f AL â‚¬ (Series of 2014) of the City Council. Applicant re : C ceived approval to provide additional options for af .:. I Â¢ fordable housing including the use of affordable 9/ I ..L housing certificates or developing a unit ofl-site. 'A V For further information contact Jennifer Phetan at COPY OF THE PUBLICATION .11 , 1 1 %& 1 t, 1~. % , ' the City of Aspen Community Development Dept., 130 S. Galena St., Aspen, Colorado. (970) 429Â·2759 City ot Aspen Published in The Aspen Times on November 20, 2014.(10726735) R 'TION#: 615518,11/19/2014 at 0 47 PM, 1 OF 3, R $21.00 Doc Code ORDINANCE Janice K. Vos Caudill, Pitkin County, CO ORDINANCE NO. 34 (SERIES OF 2014) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING AN ORDINANCE AMENDMENT TO ORDINANCE NO. 20 (SERIES OF 1991) FOR THE PROPERTY LOCATED AT 1235 MOUNTAIN VIEW DRIVE PARCEL NO. 273501300812 WHEREAS, the Community Development Department received an application from James Farrey requesting approval of an ordinance amendment of Ordinance No. 20, Series of 1991; and, WHEREAS, the ordinance from 1991 permitted a three bedroom, Category 2 affordable housing unit to be developed on the property commonly known as 1235 Mountain View Drive, which operated as the Messiah Lutheran Church; and, WHEREAS, the current owner of the property would like to have the option to provide the affordable housing unit either off-site or through the provision of affordable housing credits; and, WHEREAS, the Community Development Department received referral comments from Aspen Pitkin County Housing Authority; and, WHEREAS, upon review of the application and the applicable code standards, the Community Development Department recommended approval o f the ordinance amendment; and, WHEREAS, the City Council finds that the development proposal meets or exceeds all applicable development standards; 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 RESOLVED BY THE ClTY COUNCIL OF THE CITY OF ASPEN AS FOLLOWS: Section 1: Ordinance No. 20, Series 00200% Sections 1,2 and 3 are hereby amended and shall read as follows: I44l Section 1: That it does hereby permit the development of an Affordable Housing Unit on-site for a deed-restricted, 3 bedroom, Category 2 unit that meets the allowances and limitations of the land use code and APCHA guidelines in place at the time a building permit is submitted to change the church into a free-market residence. The unit may be a rental unit but shall be required to be a "for sale" unit, sold through the APCHA lottery system, no later than the fifth anniversary of the approval date of this ordinance. , Ordinance No. 34, Series of 2014 Page 1 of 3 Section 2: The Affordable Housing Unit may also be provided as an off-site housing unit, today or in the future. in the form of a newly constructed unit or buy-down unit or through the provision of cehificates of affordable housing credits. Any physical unit shall meet the allowances and limitations of the land use code and APCHA guidelines in place at the time a building permit is submitted, The affordable housing mitigation required is for a three-bedroom, category 2 unit or for three FTEs at a category 2 income level i f provided by credits. Section 3: Prior to a certificate of occupancy being issued for any free-market residential unit on 1235 Mountain View Drive a certificate of occupancy and appropriate deed restriction shall be required for either an off-site affordable housing unit or on-site affordable housing unit. If affordable housing credits are provided, the credits shall be extinguished prior to the issuance of a building permit for 1235 Mountain View Drive. Section 2: All material representations and commitments made by the Applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the City Council, are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Section 3: This ordinance shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 4: 1 f any section, subsection, sentence, clause, phrase, or portion of this resolution is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. Section 5: A public hearing on this ordinance shall be held on the 10* day of October, 2014, at a meeting of the Aspen City Council commencing at 5:00 p.m. in the City Council Chambers, Aspen City Hall, Aspen, Colorado. a minimum of fifteen days prior to which hearing a public notice of the same shall be 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 13th day of September, 10\4./ 1\ C. C 1 SievenSkadron, Mayor ' Ordinance No. 34, Series of2014 Page 2 of 3 ATTEST: '44 Uâ€ž04 linda Manning, City/Clerk FINALLY, adopted, passed and approved this November 10,201~f Sttven Skadron, Mayor AT'I'EST: 4Â»f Linua ivianning, Cityjtlerk APPROVED AS TO FORM: :!,â€¢Rs R. True, City Attorney Ordinance No. 34, Series of 20 !4 Page 3 of 3 .! dein f C AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: 1 135 Ho ~141.- 41 Ul --bv- , Aspen, CO SCHEDULED PUBLIC HEARING DATE: h=Uv ArÂ»/ 10 Q' 5- 00~41 ,2014= STATE OF COLORADO ) ) SS. County of Pitkin ) I, AM Jn Sce-Â·'-6 (name, please print) being or rep?esenting an Applicant to the City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) o f the Aspen Land Use Code in the following manner: v'0~'Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen at least fifteen (15) days prior to the public hearing. A copy of the publication is attached hereto. Posting of notice: By posting of notice, which form was obtained from the Community Development Department, which was made of suitable, waterproof materials, which was not less than twenty-two (22) inches wide and twenty-six (26) inches high, and which was composed of letters not less than one inch in height. Said notice was posted at least fifteen (15) days prior to the public hearing on the day of , 20 , to and including the date and time of the public hearing. A photograph of the posted notice (sign)Â·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 ....theÂ·-publicÂ·4*aring, notice was hand delivered or mailed by first class postage t, l/H .8 i ' ' ..3 ~ ~ prep#id:iJ-31. Mail to all owners of property within three hundred (300) feet of the ' â€ž., I,prop*ty subject to the development application. The names and addresses of Â·Â·. 1 1. propeftyÂ·ownfers shall be those on the current tax records of Pitkin County as they .. '1 .,Â·'Â· ~ .:i3ap#823)46.HSLihore than sixty (60) days prior to the date of thepublic hearing. A copy of the owners and governmental agencies so noticed is attached hereto. 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 docunientation that was presented to the public is attached hereto. (continued on next page) Regular IMeeting Aspen City Council November 10,2014 Councilman Romero said he is ready to give it a trial as well. Today, Denis can't qualify for employee housing. There needs to be some initiative to put in place the long term housing needs of the cemetery. It is an essential public facility. He is prepared to support the trial. Mayor Skadron stated it is a legitimate request. It is an essential public facility and the other business that may request this are not. It is a one year trial with a cessation clause and the burden will be on the applicant, By definition it is a dwelling unit but in reality it is a pull down bed. He concurs with Staff"s recommendation but wants to add the condition that the applicant must show a genuine effort with APCHA or appropriate body to secure long term housing arraignment with reporting to Council. He thanked the Spiritis' for their work and effort. Mr. Barker stated there were some comments made by Mr. Spirits and recommended the following modifications. Section one to clarify employee as any person working for the cemetery. To clarify what party from the City will be present at the open houses if any. To make the sleeping log a mandatory item that becomes a public document available for inspection by anyone. Mr. True stated the motion should include to adopt the amendments suggested by the Mayor and Mr. Barker. Councilman Romero moved to adopt Ordinance #30, Series o f 2014 with amendments; seconded by Councilman Daily. Roll call vote, Councilmembers Mullins, no; Romero, yes; Frisch, no. Daily, yes; Mayor Skadron, yes. Motion Carried. Ordinance #34, Series of 2014 - 1235 Mountain View Drive (Messiah Lutheran Church) Jennifer Phelan, community development, stated the request is to amend an ordinance from 1991 regarding affordable housing on site, Mayor Skadron and Councilmembers Romero and Frisch live outside the 300 foot notice area. Until recently the property was operated as the Messiah Lutheran Church. An approval was granted in 1991 to allow the development of an affordable housing unit on site to house the minister. It was approved as a category two with three bedrooms. It was partial mitigation for a commercial development downtown. Since 1991the property has been sold and the new owners want to convert to residential use. The applicant is requesting to amend the ordinance to allow more flexibility for providing affordable housing. The amendments allow for the unit to keep the affordable housing onsite in its current location or redeveloped on the site. Changes would allow the unit to be mitigated with use o f affordable housing credits or allow for an offsite unit. Sta ff supports the additional offsite options but recommend any onsite unit be a for sale unit instead of a rental. The code encourages for sale units. Staff recommends approval. The ordinance contains a condition for a for-sale unit. APCHA is in support of the application. Seth Hmielowsiki, Z group architects, told the council the owners are planning to live here and this will be their home. They plan to fully comply with APCHA requirements. The current concept for onsite housing would be to leave it as is and develop the rest o f the structure around it. The property is messy in regards to the original ordinance. It was written to have the ADU as a rental. They want to make the property into something more suitable to the neighborhood. Jim Fan'ey, owner, stated the goal is to leave it as is or eventually move it offsite. 16 Regular Meeting Aspen City Council November 10,2014 Councilwoman Mullins asked to clarify the Staff recommendation to go off site, be a housing credit or a for-sale unit. Ms. Phelan stated they suggested if the unit stays on site they recommend it is a for sale unit. If the applicant would like to move offsite or use credits that could be supported also. Councilman Romero asked if they already have those options. Ms. Phelan replied they would have to amend the ordinance to remove the affordable housing unit. Councilman Romero asked i f there was no action tonight could they continue with the land use plan. Ms. Phelan stated the conditional use of the church is going away. There is still a requirement for the affordable housing unit. Mr. Bendon stated the 1991 approval was wound pretty light. It will not be used as a church. Regarding the rental unit, there has been difficulty in enforcement. Ms. Phelan added that APCHA said their preference is a replacement but would do credits and maintaining compliance of individual units is difficult. Mr. Bendon stated their recommendation is different than APCHAs. Mr. Farrey stated the immediate goal is to do nothing and keep it as a rental. When and if they can mitigate offsite that would be a goal. Mr. Bendon stated their interest is in unwinding this now and not creating a future enforcement issue. The unit can stay and be rented out as an ADU or a duplex site. The mitigation needs to be unwound in a way that is reliable for the community long term. Mr. Hmielowski said keeping it the way it is makes the renovation financially viable. Councilman Romero said he agrees with Staff. There is a need to clean up the previous approval. He is not convinced that denying the rental use is the only option. Mr. Bendon is sympathetic to the timing dynamic and understands there is a renter. He wants to ensure there is replacement of the mitigation. Councilwoman Mullins is supportive of what Staff is recommending to clean it up and get rid of the questions but only i f Council shows quite a bit of generosity to the applicant in terms of the time it has to be resolved. She recommended leaving it to the schedule o f the applicant. Councilman Daily stated he is generally supportive. It is functional to have a duplex with a for sale unit. It does establish the certainty Staff is seeking. He can support what Staff is saying but would like to come up with a reasonable period of time that works with the owners redevelopment. Councilman Frisch said he is looking for quicker way to turn it into a single family residence away from the church aspect. The housing needs to show up somewhere or be compensated for. He buys into for sale units better than rental. We need to figure out a way it works for everyone and move on. Mayor Skadron asked what the normal course o f events is to change the church to a residence. Mr. Bendon said they are trying to unwind the church use. Originally it was platted for a residence. The issue is the expansion of Vectra bank required some employee housing mitigation so they build a unit onto the church to satisfy the mitigation. They want to provide other viable options to give the ultimate flexibility. Staff would like to turn the property back into a residential development. He is comfortable with a five year window that the unit can continue to be a rental unit. It would not prevent the applicant from cleaning this up earlier. 17 Regular Meeting Aspen City Council November 10,2014 Mayor Skadron asked how much greater density will be added to the neighborhood with the renovation. Mr. Hmielowski stated they will need to deconstruct a portion since the current square footage is larger than what they will be permitted. Mayor Skadron opened the public comment. There was none. Mayor Skadron closed the public comment. Councilman Frisch moved to adopt Ordinance #34, Series of 2014 as amended to extend the rental period to five years from the ordinance date. seconded by Councilwoman Mullins. Roll call vote, Councilmembers Daily, yes; Romero, yes; Mullins, yes: Frisch, yes: Mayor Skadron, yes. Motion carried. Mr. True slated that Councilman Frisch recommended going into executive session pursuant to section 24.6.4()2,4(a,b.e) matters relating to the acquisition ofproperty and negotiations associated with that. Councilwoman Mullins moved to go in to executive session at 10:05pm: seconded by Councilman Romero. Motion carried. Councilman Daily was not present for the executive session. Councilman Frisch moved to come out of executive session at 10:35pm, seconded by Councilwoman Mullins. All in favor, motion carried. Councilwoman Mullins moved to adjourn at 10:35pm, seconded by Councilman Romero. All in favor, motion carried. Linda Manning City Clerk 18 MEMORANDUM TO: Mayor Skadron and Aspen City Council THRU: Chris Bendon, Community Development Director FROM: Jennifer Phelan, Deputy Planning Director RE: 1235 Mountain View Drive, Amendment to Ordinance No. 20 (Series of 1991) - Second Reading of Ordinance 34, Series 2014, Public Hearing DATE: November 11, 2014 APPLICANT /OWNER: Jim Farrey SUMMARY OF PROPOSAL: The Messiah Lutheran church was granted approval in the early REPRESENTATIVE: 1990s to develop an affordable housing unit on-site. The church has Seth Hmielowski sold the property and the current owner is requesting additional options for the affordable housing unit including removal of the LOCATION: affordable housing unit from the site by developing either an off-site 1235 Mountain View Drive unit or purchasing Affordable Housing Credits. CURRENT ZONING & USE STAFF RECOMMENDATION: Staff recommends approval of the Moderate -Density amendment with conditions. Residential (R-15). Formerly used as the Messiah Lutheran church and proposed to be a single-family residence. SPECIAL NOTE: Since first reading, the property owner is reconsidering his options for the property including the option of maintaining the existing Affordable Housing Unit in its current location within the building. The body of the memo has been amended to reflect this potential option. Figure 1: Vicinity Map - -\ V A 'r 1//Â·I./. Â·-1_2r ' 4 1 3.0 7647 i. 4 ..i:- I ...4 2 Â·4 5 d fle:, ; 1 4 1232. Ii,02791:li~ 4 .17 - 1' r,MO' - .1. j,k .1030, I. 1260 : .. . 1. ..y 1 -14>:Al *Yiwp i ./ ~tr ; P.1 .. 6 e , *.5 -1 - -191*4WV .>f * .,-,i,#17,ly . -tit,126: ,A 1285. 12]85 2 - 3-4 16..a.~42.73 .t/ .4- I. f'%2 99,1/*gleri,y /1 '' ~ ~ ' $ I ~C; 1 ~ 75 1 >Al---4444 ... Als I 1 1 88 n 2 uf SNOM,BUNNY~ r., ~ ..,:'1* * A l. . 947 -Â·. , I " 4,%*F 3- s /,i~i , .~ 4/emodw~jk:US C.Il/L:' 1992201â€¢ E~t'L 13&*~ n'/ :' .f~ LAND USE REQUESTS AND REVIEW PROCEDURES: The Applicant is requesting an amendment to the 1991 ordinance that approved the existing affordable housing unit on the site. City Council is the sole review authority. PROJECT SUMMARY: The Messiah Lutheran church recently sold its property located at 1235 Mountain View Drive (Figure 2) and the present owner would like to convert the property to a residential use. Besides the church, the building contains an affordable housing unit within it that was intended to house the church's minister. Figure 2: Existing Site Plan r-- 1, 1 9 5â‚¬7..1 .01*..,41â‚¬ .... . 1 3 IL:' 1 ....me....4.3 fli. 1 ------f#110+r-44 :-u 2 -4--- - '1 -0- pILE -F- '14â‚¬11 i /0 i 71 - f , l,lf i 4 - 1 _ it# ' i - I . lb, 1 1 1911 1 Fl IIi 1 0 16 111 1 1 r r i li ' ' l.4/ 1 l J it. 1 11& i -1 1 U. , ./9 1 11 1 -')6'59'1_-~ -... - .- N .-ap, 1 U=-:- . 4'teâ‚¬Q ' 1235 Mountain View Drive - Ordinance Amendment StaffMemo, 11.10.14 Page 2 of 5 In 1991 City Council permitted part of the affordable housing mitigation associated with the expansion of the Pitkin County Bank (currently Vectra Bank) at 534 E. Hyman to be provided by developing an affordable housing unit at 1235 Mountain View Drive. Ordinance No. 20 (Series of 1991) permitted the development of a three-bedroom, Category 2 affordable housing unit on the site. The unit is located on the second floor of the building and was permitted to be a rental. The new owner of the property would like to convert the former church into a single family residence or duplex and requests to amend the ordinance to allow the affordable housing unit to be maintained on-site, remove it off-site or to mitigate for the unit via the use of Affordable Housing Credits. STAFF COMMENTS: The Messiah Lutheran Church was approved as a conditional use for the Mountain View parcel. A conditional use is generally compatible with other permitted uses in a particular zone district but requires individual review to ensure compatibility with the neighborhood. The church's approval was amended in 1991 to allow the development of an affordable housing unit on the site to house the church's minister and family. Although the conditional use is being vacated, the requirement for the affordable housing mitigation still burdens the land as it was required mitigation for another development. The maximum density permitted on the lot appears to be a duplex so the present owner could provide the affordable housing unit on-site; however, the owner is requesting the ability to allow the affordable housing unit to be maintained on-site, remove it off-site or to mitigate for the unit via the use of Affordable Housing Credits. If the unit is provided off-site it may be in the form o f a new or buy-down unit. Community Development staff feels that the provision of an off-site unit or the use of credits is a reasonable option for the applicant. The affordable housing unit may be maintained on the parcel in its current configuration (Figure 3) on the second level of the building or may be redeveloped in a different configuration. The applicant has requested that in either scenario the unit be a rental. Over time, changes have occurred to the land use code regarding the development of affordable housing. Today, besides minimum unit size requirements, fifty percent of a unit is required to be above grade and the units are intended to be "for sale". Enforcement for rental units has proven to be difficult, hence the code change. Specifically, the land use code states that "the proposed units shall be deed-restricted as "for sale" units and transferred to qualified purchasers according to the Aspen/Pitkin County Housing Authority Guidelines. The owner may be entitled to select the first purchasers, subject to the aforementioned qualifications, with approval from the Aspen/Pitkin County Housing Authority. The deed restriction shall authorize the Aspen/Pitkin County Housing Authority or the City to own the unit and rent it to qualified renters as defined in the Affordable Housing Guidelines established by the Aspen/Pitkin County Housing Authority, as amended. The proposed units may be rental units, including but not limited to rental units owned by an employer or nonprofit organization, if a legal instrument in a form acceptable to the City Attorney ensures permanent affordability of the units. The City encourages affordable housing 1235 Mountain View Drive - Ordinance Amendment StaffMemo, 11.10.14 Page 3 of 5 units required for lodge development to be rental units associated with the lodge operation and contributing to the long-term viability of the lodge. Units owned by the Aspen/Pitkin County Housing Authority, the City of Aspen, Pitkin County or other similar governmental or quasi-municipal agency shall not be subject to this mandatory "for sale" provision." As the conditional use is being vacated, staff recommends that the unit be a for sale unit if maintained on the site. Figure 3: Existing Affordable Housing Unit Floor Plan ~ - 0- --T ' '4 - - *uâ€žj 1 1 4-1122 z=z- 1 i Il or, 1 . It-1- 1 ~Â£~ 1.,UWD,~~nry 11 mr 11 1 ~ -1 - - ~ - 4 11 2- 11- 1 1 lit 1 7 III: - 11 1 ... 1. T 1-li MA' 1-4 1 -. frt@~grae - ~ if- iBEC'Bas)-1 to x.8 . -tox1O--- - .- - 11,09*5 \ /I\ APCHA REFERRAL: Community Development Staff requested a referral from APCHA. APCHA's preference is replacement with an actual unit but mitigation via affordable housing credits is also acceptable. If the unit is maintained in its existing condition and location then APCHA supports it remaining as a rental. However, although continuing the unit as a rental is okay with APCHA, maintaining the continued compliance of a single rental unit provides a challenge to APCHA. APCHA has experience with owners that have received an approval for a tenant, the tenant decides not to stay or the owner evicts the household, and the unit is now vacant. APCHA qualifies tenants every two years. This rental unit could be empty for up to two years without APCHA knowing that it is not being rented by a qualified employee. RECOMMENDATION: Staff recommends that the request to amend Ordinance No. 20, Series of 1991, be approved on second reading with the following affordable housing options: â€¢ Allow for an off-site affordable housing unit. â€¢ Allow for the use of Affordable Housing Credits to mitigate the existing unit. â€¢ Require any on-site unit to be for sale. 1235 Mountain View Drive - Ordinance Amendment StaffMemo, 11.10.14 Page 4 of 5 Given the problems with enforcing rental requirements in the past, planning staff does not support the rental option for on-site housing. RECOMMENDED MOTION: "I move to approve Ordinance No. 34, Series of 2014 on second reading." CITY MANAGER COMMENTS: ATTACHMENTS: Ordinance No 34, Series of 2014 Exhibit A - City Council Ordinance No. 20, Series of 1991. Exhibit B - Application. 1235 Mountain View Drive - Ordinance Amendment StaffMemo, 11.10.14 Page 5 of 5 ORDINANCE NO. 34 (SERIES OF 2014) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING AN ORDINANCE AMENDMENT TO ORDINANCE NO. 20 (SERIES OF 1991) FOR THE PROPERTY LOCATED AT 1235 MOUNTAIN VIEW DRIVE PARCEL NO. 273501300812 WHEREAS, the Community Development Department received an application from James Farrey requesting approval of an ordinance amendment of Ordinance No. 20, Series of 1991; and, WHEREAS, the ordinance from 1991 permitted a three bedroom, Category 2 affordable housing unit to be developed on the property commonly known as 1235 Mountain View Drive, which operated as the Messiah Lutheran Church; and, WHEREAS, the current owner of the property would like to have the option to provide the affordable housing unit either off-site or through the provision of affordable housing credits; and, WHEREAS, the Community Development Department received referral comments from Aspen Pitkin County Housing Authority; and, WHEREAS, upon review of the application and the applicable code standards, the Community Development Department recommended approval of the ordinance amendment; and, WHEREAS, the City Council finds that the development proposal meets or exceeds all applicable development standards; 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 RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN AS FOLLOWS: Section 1: Ordinance No. 20, Series of 1999, Sections 1,2 and 3 are hereby amended and shall read as follows: Section 1: That it does hereby permit the development of an Affordable Housing Unit on- site for a deed-restricted, 3 bedroom, Category 2 unit that meets the allowances and limitations of the land use code and APCHA guidelines in place at the time a building permit is submitted to change the church into a free-market residence. The unit shall be a "for sale" unit. Ordinance No. 34, Series of 2014 Page 1 of 3 Section 2: The Affordable Housing Unit may also be provided as an off-site housing unit, today or in the future, in the form of a newly constructed unit or buy-down unit or through the provision of certificates of affordable housing credits. Any physical unit shall meet the allowances and limitations of the land use code and APCHA guidelines in place at the time a building permit is submitted. The affordable housing mitigation required is for a three-bedroom, category 2 unit or for three FTEs at a category 2 income level if provided by credits. Section 3: Prior to a certificate of occupancy being issued for any free-market residential unit on 1235 Mountain View Drive a certificate of occupancy and appropriate deed restriction shall be required for either an off-site affordable housing unit or on-site affordable housing unit. If affordable housing credits are provided, the credits shall be extinguished prior to the issuance of a building permit for 1235 Mountain View Drive. Section 2: All material representations and commitments made by the Applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the City Council, are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Section 3: This ordinance shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repeated or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 4: If any section, subsection, sentence, clause, phrase, or portion of this resolution is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. Section 5: A public hearing on this ordinance shall be held on the 1 0th day of October, 2014, at a meeting of the Aspen City Council commencing at 5:00 p.m. in the City Council Chambers, Aspen City Hall, Aspen, Colorado, a minimum of fifteen days prior to which hearing a public notice of the same shall be published in a newspaper of general circulation within the City o f Aspen. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the 13th day of September, 2014. Steven Skadron, Mayor Ordinance No. 34, Series of 2014 Page 2 0 f 3 ATTEST: Linda Manning, City Clerk FINALLY, adopted, passed and approved this Steven Skadron, Mayor ATTEST: Linda Manning, City Clerk APPROVED AS TO FORM: James R. True, City Attorney Ordinance No. 34, Series of 2014 Page 3 of 3 8 (h 6 TE-A #340 .- 8 12/30/91 09:37 Pec $20.0... B; 665 PG 619 Silvia Devis, Pitiln Clty Clerk. Doc $.00 -- ORDINANCE NO.20 (SERIES OF 1991) AN ORDINANCE OF THE CITY OF ASPEN GRANTING GMQB EXEMPTION AND VESTING OF DEVELOPMENT RIGHTS FOR A DEED RESTRICTED AFFORDABLE HOUSING UNIT AT THE MESSIAH LUTHERAN CHURCH, LOCATED AT 1235 MOUNTAIN VIEW DRIVE (PARCEL A, BLOCK 3 WEST MEADOWS SUBDIVISION) WHEREAS, the Pitkin County Bank on behalf of the Messiah Lutheran Church submitted to the Planning Office an application for amendment of the Church's Conditional Use as well as GMQS Exemption for Affordable Housing and vesting of development rights in order to construct a deed restricted, three bedroom 1,430 square foot unit at the Church property; and WHEREAS, this proposal is in accordance with City Council Resolution #5, Series 1991 which approved the concept of the Bank providing a deed restricted unit at the Church to partially satisfy the Bank'e affordable housing requirement resulting from its 1990 Commercial Growth Management allotment; and WHEREAS, the application was reviewed by the Engineering Department, the Fire Marshal, the Housing Authority, and the Planning Office and those agencies submitted referral comments for the Planning Commission's consideration; and WHEREAS, on May 7, 1991 the Aspen Planning and Zoning Commission approved an amendment to the Church's Conditional Use with conditions and forwarded a recommendation to City Council to approve GMQS Exemption for Affordable Housing with Resolution #91- 12; and WHEREAS, pursuant to Section 24-8-104 C.1.c. of the Aspen Municipal Code, the City Council may grant approval to GMQS 1 #340026 12 /30'91 09:37 Re= $20.00 Bk 665 PE 620 filvie Davis: Pitkin Cnty Clerk, Doc *.00 Exemption for Affordable Housing; and WHEREAG, pursuant to Section 24-6-207 of the Aspen Municipal Code, the City Council may grant vested rights to a development plan for a total of three years from the date of approval; and WHEREAS, the Aspen City Council having considered the Planning and Zoning Commission's recommendation, does wish to grant the GMQS Exemption for Affordable Housing and Vesting of Development Rights for three years for the development of a three bedroom 1,430 square foot affordable housing unit at the Messiah Lutheran Church. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section l: That it does hereby grant GMQS Exemption for Affordable ~ Housing with the conditions recommended by the Planning and Zoning Commission and as modified by the City Council for a deed restricted, 3 bedroom 1,430 square foot affordable housing unit. Section 2. The conditions of approval which apply to this project are: 1. Prior to issuance of Building Permit, the affordable housing unit must be deed restricted with the Housing Authority and filed with the Pitkin County Clerk and Recorder for Category #2 rental/sales guidelines in place at the time of recordation. Proof of recordation with the County Clerk shall be forwarded to the Planning Office. At the applicant's discretion, the square footage of the unit may be lowered to comply with Category 02 size 2 #344020 12/30'91 09:37 Eec $30.00 BY 665 PG 621 Silvia Dakis, Pitkin Cnty Clerk, DOC $.00 *- requirements. 2. Occupancy priority shall be given to the Church's minister. However, if necessary for the specific use by the Messiah Lutheran Church's minister and family, the Category #2 asset and income guidelines may be exceeded. 3. In the event that the church minister does not occupy the unit, the church may rent the unit to other occupants who qualify with all of the Category 02 guidelines, provided however that such occupancy shall be by a family related by blood or marriage. 4. The owner (Messiah Lutheran Church) is obligated to keep the units occupied with qualified tenants and is obligated to notify the Housing Authority when the unit is vacant. 5. Prior to the issuance of a building permit, the well water shall be tested for quality and quantity and approved by the Environmental Health Department. 6. Prior to issuance of a building permit, a dust control program for the parking lot shall be submitted to Planning and approved by the Environmental Health Department for implementation by the Church. 7. All material representations made by the applicant in the application and during public meetings with the Planning and Zoning Commission and city Council shall be adhered to and considered conditions of approval, unless otherwise amended by other conditions. Section 3: That it does hereby grant Vested Rights for the construction 3 #340028 12/30 /91 09:37 Rec *2u.00 B; 665 33 622 Pittin Cati Clerb. Doc 1.00 - - 2- of this affordable housing unit. The rights granted by the site specific development plan shall remain vested for a period of three (3) years from the effective date hereof. 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. Section 4: That the City Clerk be and hereby is directed, upon the adoption of this ordinance, to record a copy of this ordinance in the office of the Pitkin County Clerk and Recorder. Sootion 5: A public hearing on the Ordinance shall be held on the 74-,L A day of Â»,4,-y, , 1991 at 5:00 P.M. in the City Council Chambers, 0 Aspen City Hall, Aspen Colorado, fifteen (15) days prior to which a hearing of public notice of the same shall be 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 /0 Â¢44/ day of , 1991. .j- (5.-X-- 6, i - f John Eennett, Mayor 5*Zn *,01 . f 9/44 c, A J Ka:'Mt Ky*-)~(., Roch, City Clerk 1, "1:It - FINALLY, adopted, passed and approved this AP'--P day of , 1991, -- f I 6% John BAnett, Mayor ~AfTEST i v i , Ka~thryn 04:'-Â£~~h, city -6*ork jtkvj/messiah.ord ./ 4 VA f archltects August 31,2014 Pitkin County Community Development PID # 2735-013-00-812 On behalf of Jim and Kristy Farrey, Z.Group Architects Is submitting this packet for approval to relocate the existing Affordable Housing Unit from the property located at 1235 Mountain View Drive to a location within the Aspen Infill Area. The property was formerly used as a church and their congregation has now moved lo another location down valley. In 1991, the Church received approval to build an AHU on tho second floor. Per the Ordinance No. 20, Series of 1991, the housing unit was built as the living quarters for Ihe Minister for the church. The function of this special approval is no longer valid for another use. Jim and Kristy purchased the properly to turn it Into their new home by renovaling Iho church and AHU into a single family residence. Unfortunately, the existing location of the AHI) does no! work functionally or economically for renovating the church into a home. The initial concept was to build a new AHU out onto the properly with its own access and yard space and meet APCHA Standards; however the current code does not allow them to move tho AHU out of the existing structure as a free-standing unit on the property without making the structure Inlo duplex. Creating a duplex on this lot with one of the dwelling units being an AHU does not make the development financially feasible nor does it actually make sense functionally. The current zoning siluation is Quite messy and does not fit within another zoning use other than what It was giving permission for, making it extremely difficult to develop Ihe site into something more appropriate for the neighborhood. AS a second option, tho Farrey's would like to consider pilrchasing Affordabje Housfng Credits in lieu of relocaling the AHLI, however their preference is to relocate it. 4 Sincerely, r , 7.GROUP A~CHITECTS Seth Hinielo~*. Principal m. -- ~N Z GroupArchiteâ‚¬u, U.C â€¢ 234 East Hopkdos Avenue, Atpen, CO 8l6 I i . Telephone 970-9254832 â€¢ Fax 970Â·925-Illl 3,4-Tffl ATTACHMENT 2 -LAND USE APPLICATION PROJECT: Name: 150*>1 145~06Ly)r 1.0 catioil: 1% 1 14(Al#942,3 \Aeo 'IDe-Ne-,0- V (Indicale street address, lot & block number, legal description where appropriate) Parcel ID # (REQUIRED) 27 ?562> I 3Us>Siz- APPLICANT: Naine: ,#. 1 A lair 194Â¢eer Address: 125Â¢ flooARO 41 60 Phone #: 20\20- 166Â·4444 REPRESEN'rATIVE: â€¢7 - Nat,ic: 42/oe Nobtima â‚¬eT,1 461,â‚¬14>J*1 ~ 11(LAO\â‚¬ da)41) Address: 41 l 000:r KNO -Aler , *Â»18 1650' , A~=2,%6 Phone #: 116- 12/4 . {*>52- TYPE Ot: APPLIC:KnoN: (please eheck all thtit apply): GMQS Exemption O Conceptunt POD El Temporary Use GMQS Allotment Â£ Final PUD (& PUD Amendment) [3 Text/Map Amendment Special Review [3 Subdivision El Conceptual SPA ESA - 8040 Greenline, Stream El Subdivisioti H.xemption (includes [3 Final SPA (& SPA Margin, Hallum I.ake Bluff, condominiumization) Ainendinent) Mountain View Plane O Commercial Design Review [3 1.01 Split El Small Lodge Conversion/ Expansioti C] Residential Design Variance O Lot Line Adjus(ment O Other: O Conditional Use Exts'rING CONDITIONS; (description of existing buildings,uses, previous approvals, etc.) THE 64 *91145i rooori,2,0 of *'TWE Â¢Â¥bfrÂ¢Pl dowrAIA> A* 55> 16â‚¬oteac>w AHO l),M 1,0 'Tite ex> stÂ«:>Â©4 4 14â‚¬ gth>92+1--*. PROPOSAL: (description oiproposed buildings, uses, modilicatioi,s, etc.) 14(46 1116 4%40 1-6 A. irre. 10 T,>00 les,vid Ttle 4%4%,3 1011,1, Apâ‚¬A- Have you attached Ihe following? FEES Dul<: $ C] Pre-Application Conference Summary 13 Atitic hment #1, Signed Fee Agreement E} Response to Attachment #3, Dimensional Requirements Foon l Response to Attachment #4, Submilial Requirements- Including Written Responses to Review Standards [3 3-D Model rotÂ· large project All plans that:ire larger {Imn 8.5" X ll" must be folded. A disk withitti cleetric copy of all written text (Alierosoft Word Formal) must be submitted as part of the applitiltion. Large scale projects should include an electrollie 3-1) model. Your pre-application con feretice summary will indicate if you must submit a 3-]) model, 0000 ATTACHMENT 3 DIMENSIONAL REQUIREMENTS FORM 1--4 Project: 141012Â¥X *Re51pfibe- Applicant: \M Â¥42013;r / t-digoot herÂ·d(RUS. Location: -14549 MÂ®lkid 060 -rue'Me- Zone District: .- 16' Lot Size: 1 396 f Lol Alta: 115 3540 -1>F- (for {hc purposes of calculating Floor Area, I.01 Area may be reduced for areas wichin the high witter mark, easements, and sicep slopes. Please refer to the definition of Lot Area in the Munic*al Code.) Commercial net leasable: /6'iwii,g: 22_Proposed: Nitinber of residential units: E.risting. ~ Proposed,+ .es (39*3 Number of bed:=ooms: Existing: - __~_Proposed: Of Proposed % of demolition (Historic properlies only): ---1.4 DIMENSIONS: -SE Floor Area: Existing: 9 g>66, Allowable:Â£<~; 6,Â£~l '~~*Proposed: _f~ittarsr . , .1 Pi'iiicipiil bldg, lieight: Existi,/g:-71-14_jUott,able. ge Lo" A-oposed: 271-4 Access. bldg. height: A-Av/ing: - A //03#:oble. - Proposed: - On-Site parking: A.visting: 30 Required: O Proposed: __6L_ % Siw coveram. Existing: . _63/4 Reqttired: _. _?44 Proposed: ,4/8- Â°/oopensr>*acc: Existing: Nk Required: hOA Proposed: 4/4- Front Setback: lf.vislitig. -5/J ' Required.' 24' ProposedÂ· '-85 ' Rear SclbÂ·ack: Existing: 22> .44'Required: /49 Proposed: 20'([38*~ Combined F/R: Kristi"ng: /2>' Required.Â· _/Â¢> ' Proposed:__10,- Side Setback: 1.W.rthig:_fL-#03-Required: / c>' Proposed: )2. 24> 1 Skle Setback: Existing.Â· Requb*ed: - f#Â·oposed: Combined Sides: A.W.rting.---- Required: /4Â·oposed: Distance Between Pris,hu: Required: / O' Proposed:./321 Builditigs Existing non-cont'ormilies or encroachinents: Variations requested: Melanie Noonan From: Jim Farrey <jim@jpalrick realty.com> Sent: Friday, June 20, 2014 11:28 AM TO: Melanie Noonan Subject: l.and Use App #2 Letter Planning Staff. Please allow for the below referenced or Melanie Noonan to serve as my representative for 1235 Mountainview Drive P&2 application. Thank you in advance. Any questions feel free to contact me. Jim Farrey 550 Lazy Chair Road Aspen, CO 81611 312-968-4444 Seth Hmielowski, LEED AP 7.-Group Archilects, P.C. 411 Easl Main Stroet, Suite 205 AspenCO 81611 970.925.1832 p 970-925-1371 f http://www.zorouparchilects.coin/ 1 AITORNEYS & COUNS[il.ORE XI LAW 320 WES I' MAIN S I It #El, 1 ASPI:N. (101.ORADO *1611Â· 1557 Sherman & Howard 1.L.C. 1 ELEMIONIE: (970) 925 Â·6300 FAN: (970923.1181 OFFRTES IN: 1)!iN\'1(R Â· (7)1,(}RADO SI~RINGS ' AMI'liNÂ· VAII. STEAkill<)AT SMUNGS Â» 1'1{01Â·.'NIX ' SLY) FISDAUS Â· RENO Â· IAS VIi(}ASÂ· St. 1.OUIS Curtis B. Sjuiders Office Number (970) 300-001,1 E.mi,il: csanders@shermanhoward.com August 18.2014 City of Aspen Community Development Departmenl 130 South Galena Street Aspen, Colot*ado 8161 1 Re: James P. 1281*rey and Kristi N. Farrey; Certificate of Ownership Dear Sir or Madam: i am an altorney licensed by the State 01'Colorado to practice law. Tliis le(ter shall confirm and certify that Joines P. Farrey and Kristi N. Farrey, m e the owners ofeertnin improved real properly located at 1235 Mountain View Drive, Aspen, Colorado 8161 1, and legally described as follows (the "Subjecl Property"): A Imet ol land in the SWI/4 of Section 1, Township JO Soulli, Range 85 West of the (th P.M. described as iollows, to-wit: Beginning at a point whence the 1/4 corner between Sections I I and 12, Township 10 South, Range 85 West of the 6th P.M. of the Kimberly Survey bears S. 14Â°20' W. 2498 feet; thence S. 85Â°154{ast 1085 fuet; 'I'hence N. 6Â°30'East 98 feet to n point 01' ttwe beginning; thence N. 85Â°15' West 167 fuct thence N. 6Â°30' Hast 104 feet; thenceS. 85Â°15'East 167 Ibet; thence S, 6Â°30' West 104 feet to the point of(rue beginning. Together with a right of way over n i'08<1 twelve feet wide lying immccliately South of a line beginning at n point whence the northeast corner ofilic above described land bears S. 6Â°30' \\/est 228 feet: thence Noilh 39Â°30' West 270 feet; thence S. 76Â°30' West 230 feet; thence N. 67Â°30' West 460 feet; tlictice S. 47Â° West 170 feet to tile Colinly Rond. 1 11 1% It!95.163680.1 Also a light of way over a road twelve feet wide lying immediately west of a line beginning at a point whence the northwest corner of the above described land bears S. 6Â°30' West 216 feet; thence S. 6Â°30' Wesl 320 feet An undivided one.quarter interest in and to a tract 01*land in the SWIM of Section I , '1'. 1 OS., R. 85W., 601 P.M., described as follows: Beginning at a point whence the quinler-corner between Sec:lions 1 I and 12, said township And ronge, of the Kimberly Survey bears S. 14Â°20' W. 2493 feet; thence S. 85Â°15' E. 1085 feet thence N. 6Â°30' E. 390 feet to n point of'true beginning; thence N, 89Â°30' W. 15 feet; thence N. 6Â°30' E, 28 feet; thence S. 89Â°30' E. 15 fect; thence S. 6Â°30' W. 28 feet lo the point of true beginning, Also a (inct of land described as follows: Beginning nt the northeast corner ol'the above described tract; ilience N. 6Â°30' E. 12 feet; thence N. 89Â°30' W. 1 79 fbet; thence S. 6Â°30' W. 320 pet; thence S. 85Â°15' E. 12 fect; thence S. 85Â°15' E. 12 feel; Ihence N. 6Â°30' E. 308 feet; thence S. 89Â°30' E. 167 feet to the point ofbegimling, being a strip of land to be used as a road by the properly owners adjacent to suid strip lying to the south and cast thereof. The Subject Properly is subject only to the following matters oirecoirl: 1. Right of the Proprietor of n vcin or locle to extract and remove his ore therefrom, shoold the same be found to penetrate or intersect the premises hereby granted, as reserved in United States Palent recorded August 17,1889, in Book 55 at Page 5. 2. Terms, agreements, provisions, conditions und obligations as contained iii Wai'ranty Deed recorded June 9, 1964, in Book 207 at Page 32 1. 3. Terms, agreements, provisions, conditions and obligations as contained in Eascnient Agreement recorded .lune 17,1970, in Book 249 at Page 10, 4. Terms, agreements, provisions, conditions and obligations as contained in Grant of Easement recordecl Febnutry ! 8,1983, in Book 440 at Pnge 771. 5. Occupancy Decd Restriction and Agi'cement lor mi Affordable Dwelling Unit recorded June 15,1992 in Book 680 at Page 779. 2 BUS Itt /536)680.1 This letter 911011 fullher confirm thnt as the owners oft lie Subject Property,.Inmes P. Fan*ey and Kristi N. Fan*ey have the right and authority to file and pursue land use applications, vationce requests, and other requests with the City of Aspen with respect to the Subject Property. Sincerely, Curtis B. Sanders 3 Ill 1% 111(/3363660.1 fCOMMUNITY DEVELOPMENT DEPARTMENT Homeowner Association Compliance Policy All land use applications within the City of Aspen are required to include a Homeowner Association Compliance Form (this form) certifying the scope of work included in the land use application complies with all applicable covenants and homeowner association policies. The certification must be signed by the property owner or Attorney representing the pronerly owner. Properly Name:31,1 4 KBL-*7 AG~, Owner (91: Email: .31924Â»TeÂ«'0â‚¬41.9 01 Phone No.: 61 â‚¬ .146.4444 Address of 1Â£5.59 Mooerm: 3 41â‚¬K> ;Ed*(2 Properly: 44Â»fbt Ce #4,11 (subject of application) I cenify as follows: (pick one) ~~This properly is not subject to a homeowners association or other form of private covenant, O This property is subject to a homeowners association or private covenant and the improvements proposed in this land use application do not require approval by the homeowners association or covenant beneficiary. C] This property is subject to a homeowners association or private covenant and the improvements proposed in this land use application have been approved by the homeowners association or covenant beneficiary. Evidence of approval is attached. 1 understand this policy and I understand the City of Aspen does not interpret, enforce, or manage tile applicability, meaning or effect of private covenants or homeowner association rules or bylaws. 1 understand thal this docurner~ trr~ublic document. Owner signature: 464. Ct-1 date: 6 ' 61' 14 Owner printed name: 3124Â¢eT 04 Attorney signature: date: Attorney printed name: 32943:006ber. 2013 ~ fÂ¢ i~q ((: If i.~~i:-i~<~~ J:~tiqjititÂ·* p...fo~rlttio :CRy of Aspelli!,1301;901Â¢ijaS.â‚¬j (97Â¢Z:?2099?042,-i COMMUNITY DEVELOPMENT DEPARTMENT: vu: 1 Agreement to Pay Application Fees An agreement between Ihe City of Aspen ('Cily') and 0~~'r~fl:~ Jim and Kristy Farrey Phone No.: (012)968-4444 Email: lim@jpatrickroality.com Address of 1235 Mountain View Road Address: Billing 550 Lazy Chair Ranch Rd. propeny. Aspen, CO 81611 (send bills here) Aspen, CO 81611 (subJect of application) I widerstand that the City has adopted, via Ordinance No. , Series of 2011, review fees for Lend Use applications and the payment of Ihese fees 15 a condition precedent to determining application completeness. 1 understand that as the properly owner thai I am responsible for paying all fees lor this development application. For flat fees and referral fees: lagree to pay the following fees for Ihe se/vices indicated. 1 understand that these flal fees are non-refundable, 975 APCHA (Housing) ~ 0 Select Dept S nat fee for flat fee for . 0 S flat fee for Select Dept 0 Select Review S fiat fee for For deposit cases only: The City and I understand that because of Ihe s}ze, nature or scope of Ihe proposed project, it is not possible at (his lime to know the ftill extent or total costs Involved In processing the applicallon. 1 understand thal additional costs over and above the deposit may accrue. l understand and agree thal it Is impracticable for City staff to complete processing, review, and presentation of sufficient information to enable legally required findings to bo mode for project consideration, unless Invoices are paid In full. The C}ty and l understand and agree thal invoices mailed by the City to the above listed billing address and not returned to lhe City shall be considered by the City as being received by me. I agree to remil payment within 30 days of presentallon 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 tho 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 tile Cily to rolinburse the City for the processing of my application at the hourly rales hereinafter staled. 1,950 6 $ deposit for hours of Community Development Department staff Ume. Additional time above lhe deposit amount will bo billed at $326 per hour. S deposit for 0 __ hours of Engineering Department staff linle. Additional time above the deposit amount will be billed at $268 per hour. City of Aspen: proper <y jwi~ x, Chris Bendon ..Â« Community Development Director Name: .3 tri MaT Title: c354469--A City Use: .2925 Foos Duo: 4-_ *. --- Received: $ ., jatiuary, 20 8~73 I Â· 4 ~ f~~pj~i : Â» 3492- :- .< * k)z -24,~ : -- Cio; ef Aspei, 113{tÂ©Galetia-StÂ°1 (970) 3)30.5090 ' CITY OF ASPEN PRE.APPLICATION CONFERENCE SUMMARY PLANNER: Jennifer Phelan DATE: 8.11.2014 PROJECT: 1235 Mountain View Dr. -- Messlah Lutheran Church properly OWNER: Jim Farrey REPRESENTATIVE: Seth Hmielowski TYPE OF APPLICATION: Ordinance Amendment DESCRIPTION: The appljcanl is interested in removing the affordable housing unit (AHU) that is currently located on the site within the church which has acted as housing for the minister. The applicant intends to provide the housing as either an off-sitc unit, cash-in-lieu, a certificate of affordable housing credit or a combination of these methods. Applicant should outline how replacement mitigation is anticipated to be provided for Cily Councjl's review and approval, The properly currently contains the church building and a parsonage. The church has been located on this property since 1964. In 1991 the Pitkin County Bank (now Vectra Bank) received Council approval for the concept to develop a deed-restricted unit on the Mountain View site as part of the bank's affordable housing requirement connected with their development at 534 E. Hyman St, (Resolution No. 5, Series of 1991). Ordinance No. 20 (Series of 1991) granted a growth management exemption for affordable liousing on the subject site, allowing for the development of the 3 bedroom, 1,430 sq. ft., Category 2 unit. To remove the unit a new ordinance will need to be approved by the City Council permitting the removal of the AHU and the form of the replacement housing. An ordinance is required to have a first and second reading prior to passage. Below are links to the Land Use Application form Land Use App: http://www.aspenpitkin.com/Portals/0/docs/City/Comdev/Apps%20and%20Fees/2013% 201and%20use%20app%20form.pdf Land Use Code Section(s) 26.304 Common Development Review Procedures 26.710.050 Moderate-Density Residential (R.15) Review by: Planning Staff, Aspen PI{kIn County Housing Authority (APCHA), Council Public Hearing: Council Planning Fees: $1,950 for six (6) hours of review. Additional hours above this amount will be billed at a rate of $325/hour. Referral Fees: APCHA - $975, flat fee Total Deposit: $ 2,925 ASLU Ordinance Amendment 1235 Mountain View Drive Parcel ID: 273501300812 To apply, submit the following information: O Completed Land Use Application and signed fee agreement. D Pre-application Conference Summary (this document) D Street address and legal description of the parcel on which development is proposed to occur, consisting of a current (no older than 6 months) certificate from a title insurance company, an ownership and encumbrance report, or attorney licensed to practice in the State of Colorado, listing the names of all owners of the property, and all mortgages, judgments, liens, easements, contracts and agreements affecting the parcel, and demonstrating the owner's right to apply for the Development Application. O Applicant's name, address and telephone number in a letter signed by the applicant that states the name, address and telephone number of the representative authorized to act on behalf of the applicant. O A site improvement survey (no older than a vear from submittal) including topography and vegetation showing the current status of the parcel certified by a registered land surveyor by licensed in the State of Colorado. O HOA Compliance form 0 A written description of the proposal and an explanation in written, graphic, or model form of how the proposed development complies with the review standards relevant to the development application and relevant land use approvals associated with the property. O An 8 1/2" by 11" vicinity map locating the parcel within the City of Aspen. O 1 Complete Copy. If the copy Is deemed complete by staff, the following items will then need to be submitted: 0 12 Copies of the complete application packet and, if applicable, associated drawings. (list # of copies typically associated with PZ, HPC, and CC review, 1 peiÂ» referral agency) O Total deposit for review of the application. O A digital copy of the application provided in pdf file format, 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. 4Â«j AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E),ASPEN LAND USE CODE ADDRESS OF PROPERTY: & 2.35 Ho ~,l lzu- 0 U 3>V\NL , Aspen, CO SCHEDULED PUBLIC HEARING DATE: He*hou# hlog \0 42 5 oofÂ» ' 201-4= STATE OF COLORADO ) ) SS. County of Pitkin ) I, j.,-4 Jn Sc-cÂ»Â» (name, please print) being or repbesenting an Applicant to the City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) o f the Aspen Land Use Code in the following manner: V Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen at least fifteen (15) days prior to the public hearing. A copy of the publication is attached hereto. Posting of notice: By posting of notice, which form was obtained from the Community Development Department, which was made of suitable, waterproof materials, which was not less than twenty-two (22) inches wide and twenty-six (26) inches high, and which was composed of letters not less than one inch in height. Said notice was posted at least fifteen (15) days prior to the public hearing on the day of , 20 , to and including the date and time ofthe 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 t: [t~ . '' ; (- 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 Â·, (- th 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. 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 ofany documentation that 1/1'as 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 o f this Title, or whenever the text o f this Title is to be amended, whether such revision be made by repeal of this Title and enactment of a new land use regulation, or otherwise, the requirement of an accurate survey map or other sufficient legal description of, and the notice to and listing of names and addresses 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. Signature The foregoing "Affidavit of Notice" was acknowledged before me this23 day , 204-,by 4-r'.1-â‚¬U 'gbe-C'-â‚¬-.L.,-\ WITNESS MY HAND AND OFFICIAL SEAL My commission expires: 3.I [07 1(p |4* U. 9*"911" Notary Public , - KAREN REED PA rTERSON NOTARY PUBL!C STATE OF COLORADO NOTARY ID #19964002767 ATTACHMENTS AS APPLICABLE: ~ My Commission Expires February 15,2016 0 â€¢ COPY OF THE PUBLICATION â€¢ PHOTOGRAPH OF THE POSTED NOTICE (SIGN) â€¢ LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED BY MAIL â€¢ APPLICANT CERTIFICATION OF MINERAL ESTAE OWNERS NOTICE AS REQUIRED BY C.R.S. Â§24-65.5-103.3 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E),ASPEN LAND USE CODE ADI]~r,F EiZKZRIill Â» , Aspen, CO SCHEDULED PUBLIC HEARING DATE: 9 20-1~- STATE OF COLORADO ) ) SS. County of Pitkin ) I, 93â‚¬i,4 JivwmAR (name, please print) being or representing an Applicant to the City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) of the Aspen Land Use Code in the following manner: Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen at least fifteen (15) days prior to the public hearing. A copy of the publication is attached hereto. ~ Posting of notice: By posting of notice, which form was obtained from the Community Development Department, which was made of suitable, waterproof materials, which was not less than twenty-two (22) inches wide and twenty-six (26) inches high, and which was composed of letters not less than one inch in height. Said notice fas posted at least fifteep (15) days prior to the public hearing on the 1(~ day of NG**6â‚¬00Â·- , 2014 , to and including the date and time of the public hearing. A photograph Of the posted notice (sign) is attached hereto. ~, Mailing of notice. By the mailing of a notice obtained from the Community Development Department, which contains the information described in Section 26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to the public hearing, notice was hand delivered or mailed by first class postage prepaid U.S. mail to all owners of property within three hundred (300) feet of the property subject to the development application. The names and addresses of property owners shall be those on the current tax records of Pitkin County as they appeared no more than sixty (60) days prior to the date of the public hearing. A copy of the owners and governmental agencies so noticed is attached hereto. 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) . . PUBLIC NOTICE ~ RE: 1235 MOUNTAIN VIEW DRIVE, OADI- NANCE AMENDMENT NOTICE IS HEREBY GIVEN that a public hearing will be held on Monday, November 10, 2014, at a meeting to begin at 5:00 p.m. before the Aspen City Council, in the city council chambers meeting room, City Hall, 130 S. Galena Street, Aspen, CO, to review the proposal submitted by Jim and Kristi Farrey, 550 Lazy Chair Road, Aspen CO 81611, for the property generally described as a tract of land in the SW1/4 of Section 1, Township 10 South, Range 85 West of the 6th P.M. with the detailed le- gal description on file with the Community Devel- opment Department and commonly known as 1235 Mountain View Drive (formerly known as the Mes siah Lutheran Church). Applicant seeks to convert the church to a residence and requests to amend Ordinance No. 20 (Series of 1991). Ordinance No. 20 permitted the development of an affordable housing unit on-site and the proposed amendment to the ordinance would allow additional affordable housing mitigation options including the develop- ment or purchase of an oil-site affordable housing unit or the purchase of affordable housing credits to remove the on-site affordable housing unit. For further information, contact Jennifer Phelan at the City of Aspen Community Development Depart- ment, 130 S. Galena St., Aspen, CO, (970) 429.2759, Jennifer.Phelan @cityofaspen.com Published in the Aspen Times Weekly October 23. 2014.(10652650) 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, PDs that create more than one lot, and new Planned Developments 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 apd addresses of owners of real property in the area of the proposed change shaly be waived. However, the proposed zoning map shall be available-foll<Public inspection in the planning agency during all business hours fpp.fiffeen (15 ))Syl prior to the public hearing on such amendments. The foregoing "Affidavit o f Notice" was acknowledged before me this24 day of 82+Obe/r ,20_1-9, by Set-k. Hm iâ‚¬loUDS# ~CARBEWINE M. GAILEY ~ WITNESS MY HAND AND OFFICIAL SEAL NOTARY PUBLIC ~ STATE OF COLORADO ~ NOTARY ID #20134068883 1 My commission expires: t>lov 4 12-01 -7 1 My Commission Expires Nmemkr6.2017 ] 9~QM.LUE+147 Notary Publ(k ATTACHMENTS AS APPLICABLE: â€¢ COPY OF THE PUBLICATION â€¢ PHOTOGRAPH OF THE POSTED NOTICE (SIGN) â€¢ LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED BY MAIL â€¢ APPLICANT CERTIFICATION OF MINERAL ESTAE OWNERS NOTICE AS REQUIRED BY C.R.S. Â§24-65.5-103.3 PUBLIC NOTICE RE: 1235 MOUNTAIN VIEW DRIVE, ORDINANCE AMENDMENT NOTICE IS HEREBY GIVEN that a public hearing will be held on Monday, November 10, 2014, at a meeting to begin at 5:00 p.m. before the Aspen City Council, in the city council chambers meeting room, City Hall, 130 S. Galena Street, Aspen, CO, to review the proposal submitted by Jim and Kristi Farrey, 550 Lazy Chair Road, Aspen CO 81611, for the property generally described as a tract of land in the SW1/4 of Section 1, Township 10 South, Range 85 West of the 601 P.M. with the detailed legal description on file with the Community Development Department and commonly known as 1235 Mountain View Drive (formerly known as the Messiah Lutheran Church). Applicant seeks to convert the church to a residence and requests to amend Ordinance No. 20 (Series of 1991). Ordinance No. 20 permitted the development of an affordable housing unit on-site and the proposed amendment to the ordinance would allow additional affordable housing mitigation options including the development or purchase of an off-site affordable housing unit or the purchase of affordable housing credits to remove the on-site affordable housing unit. For further information, contact Jennifer Phelan at the City of Aspen Community Development Department, 130 S. Galena St., Aspen, CO, (970) 429.2759, Jennifer.Phelan@cityofaspen.com - 9 ..3. ~ 0 4 + 4 1 \\\ \hi- 1 f Al , - - Al . All . oateÂ· ..re.... e .., 4 Time B PUBLIC NOTICE Place: GeÂ»St /4 â€¢ 0./....1/':+ Purpose, 4 . ,Â· 'll' I ...F....0 i i.. Â· i./.ki ..... CovequeN . .... r~n,$,le NO 20 'll.... 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Regular Meeting Aspen Citv Council October 13,2014 â€¢ Resolution #114, Series of 2014 - Stormwater Cleaning Services â€¢ Resolution #129, Series of 2014 - Mill Street Bridge Repair Project Construction Contract Approval â€¢ Resolution # 123, Series of 2014 - Agreement with Twin Lakes Company Regarding Mitigation of Impacts Associated with Exercise of Junior Water Rights â€¢ Resolution #124, Series of 2014 - Manned Visual Inspection of Concrete Pipe in Raw Water System â€¢ Resolution #126, Series of 2014 - Smuggler/Hunter Surface Drainage Master Plan - Change Order Approval â€¢ Resolution #128, Series of 2014 - Toro utility Vehicle Contract Approval â€¢ Resolution #125, Series of 2014 - Burlingame Ranch Phase Il Landscape Maintenance Contract â€¢ Minutes -September 22,2014 â€¢ Resolution #130, Series of 2014 - Burlingame Phase II Construction Contract Change Orders Councilwoman Mullins moved to approve the consent calendars seconded by Councilman Friscli. All in favor, motion carried. Ordinance #34, Series of 2014 - 1235 Mountain View Drive (Messiah Lutheran Church) Ordinance Amendment. Jennifer Phelan, community development, said this is to amend an ordinance from 1991 to allow additional options for affordable housing mitigation on the site. This site has historically been home to the Messiah Lutheran church. The new owner would like to convert the property to a residence. In the early 1990's the site was approved to allow for a 3 bedroom affordable housing unit to house the minister. This housing was required mitigation for expansion of a downtown commercial building. The request is to amend the ordinance to allow for additional affordable housing options. Staff is recommending approval on first reading. Second reading is scheduled for November 1Ott Councilman Romero asked for Ms. Phelan's response to Councilmen Frisch and Romero living on the same street. Ms. Phelan stated both Councilman Romero and Frisch live on Mtn. View drive. It looks like they are beyond the 300 feet of property. Jim True, city attorney, asked if they received notice. Ms. Phelan said the notice had not gone out yet. Councilman Frisch asked if something like this issue has come up before. Ms. Phelan said this is unique and not since she has been here. The church use was considered a civic use. The minister needed a place to live and it worked out for the bank to put housing on the site. Councilman Daily asked if the proposed residential square footage is consistent with the existing size of the church. Ms. Phelan said that is hard to pin down. The old minutes say they were approved for a duplex. The architect will need to deconstruct to meet the conformity. Councilman Daily moved to read Ordinance #34, Series of 2014; Seconded by Councilwoman Mullins. All in favor, motion carried. ORDINANCE NO, 34 (SERIES OF 2014) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING AN ORDINANCE AMENDMENT TO ORDINANCE 5 Regular Meeting Aspen Citv Council October 13, 2014 NO. 20 (SERIES OF 1991) FOR THE PROPERTY LOCATED AT 1235 MOUNTAIN VIEW DRIVE Councilman Romero moved to adopt Ordinance #34, Series of 2014 on first reading; seconded by Councilwoman Mullins. Roll call vote; Councilmembers Frisch, yes; Daily, yes; Mullins, yes; Romero, yes; Mayor Skadron, yes. Motion carried. Ordinance #32, Series of 2014 - Authorizing the Issuance of 2014 Parks and Recreation Bonds. Don Taylor, finance department, introduced Steve Jeffers, underwriter. This bond issue will pay for the acquisition of the Dolinsek property and five other parks projects that were in their capital plan. The ordinance was written so that council can redirect those funds to other parks projects. The second aspect of the ordinance is to refund a portion of the 2005 parks and recreation bonds. This will result in around $160,000 in savings. The net interest costs as oftoday are just under 2.3 percent. Mayor Skadron asked if that is the reason for the emergency ordinance. Mr. Taylor said yes it is to protect the rates. The rates can go either way and they are good now. Mayor Skadron asked if they are confident they will sell. Mr. Jeffers said yes, Aspen is a double A rated credit. The demand for double A paper is phenomenal. It is bank qualified and will sell very easily. Councilman Romero said he did not see the notion of the emergency play in the memo. He said he was not focused on the fact we are using the emergency ordinance pathway. It will still be sound in the market in 30 days from now. The notion of deploying the emergency route is one o f convenience. Mr. True said the emergency ordinance section of the charter, 4.1, states the emergency ordinance for the preservation of public property is authorized. The same type of item has been presented to Council before. Councilman Romero said it has been awhile that a bond issue has not been an emergency ordinance. Mr. True said the advisors have always suggested to do as an emergency. Councilman Romero said it is mitigating the risk of what can happen in the market place. Mr. jeffers said there are a fair amount of bond issues coming to market especially school bond issue. Councilman Romero said he does not see those dynamics changing in next 30 days. The compelling evidence is the fact we have used it in the past. It is real and there is risk. Mr. True said this does require two meetings and will come back in two weeks. Councilwoman Mullins asked to explain emergency ordinance. Mr. True said it is handled as an ordinance through two meetings and we are treating it like a standard ordinance. It will take effect as soon as it passes at second reading instead of waiting 30 days. Councilwoman Mullins said she understands the Dolinsek property but $900,000 for something in 2016 it's unclear why that is part of an emergency ordinance. She does not think we should take the emergency ordinance lightly. She does not see the emergency in the projects other than Dolinsek. Mr. Taylor said the emergency relates to locking in the rates not the projects. It would not matter what is on the list it is locking in very favorable rates while we can. Councilwoman Mullins said it is funny to describe it as an emergency. It would apply to something that is a threat to safety or a potential loss to the City. Mr. Taylor said they would lose the ability to lock in the rates. There is the two week waiting period where the public can speak their peace. The only thing different is the referendum period. Mr. True said the charter states other grounds for emergency; health, peace and safety. He is not suggesting those are at issue. The charter does not require a public hearing but it has been scheduled. 6 MEMORANDUM TO: Mayor Skadron and Aspen City Council THRU: Chris Bendon, Community Development Director FROM: Jennifer Phelan, Deputy Planning Director RE: 1235 Mountain View Drive, Amendment to Ordinance No. 20 (Series of 1991) - First Reading of Ordinance --, Series 2014. DATE: October 13,2014 APPLICANT /OWNER: Jim Farrey SUMMARY OF PROPOSAL: The Messiah Lutheran church was granted approval in the early REPRESENTATIVE: 1990s to develop an affordable housing unit on-site. The church has Seth Hmielowski sold the property and the current owner is requesting removal of the affordable housing unit from the site by developing either an off-site LOCATION: unit or purchasing Affordable Housing Credits. 1235 Mountain View Drive 8TAFF RECOMMENDATION: Staff recommends approval of the CURRENT ZONING & USE amendment. Moderate -Density Residential (R-15). Formerly used as the Messiah Lutheran church and proposed to be a single-family residence. Figure 2: Vicinity Map 2 SUE . tr 2@44 1 0 . 94= t.3,1.IN" 0.44 0 4 ..7 . Â·r. 4_ . l 1. 1 4 r'Y /' lt.69'47' :Â·;= JR.Â£~~~4*~~~~5 ... 1.t I ' I,W.Mir. -r.ji, C.'-lthÂ¥ 7*. 3&'Ary'l - I:*44 4 â€¢16,1. rit,-141 , 1 lf:, 0 , '. t. 'IPE 17 ; U.*6/1/* , ' *r,- afA I:*' Â·A >h 1-3 a . .Fk ./'W-* 1, Â£ A2f'rr1 ~rÂ·j.PirLfÂ» ~IL),s - 4; 4 *ht C 4 ... ~.*-7.â€ž~4,*'##IA:itt0%1' Ti,W, 2 fit -:r~ju . -t 1. Wl .. . 'â€¢.Â·4.- LAND USE REQUESTS AND REVIEW PROCEDURES: The Applicant is requesting an amendment to the 1991 ordinance that approved the existing affordable housing unit on the site. City Council is the sole review authoritY. PROJECT SUMMARY: The Messiah Lutheran church recently sold its property located at 1235 Mountain View Drive and the present owner would like to convert the property to a residential use. Besides the church, the building contains an affordable housing unit within it that was intended to house the church's minister. In 1991 City Council permitted part of the affordable housing mitigation associated with the expansion of the Pitkin County Bank (currently Vectra Bank) at 534 E. Hyman to be provided by developing an affordable housing unit at 1235 Mountain View Drive. Ordinance No. 20 (Series of 1991) permitted the development of a three-bedroom, Category 2 affordable housing unit on the site. The new owner of the property would like to convert the former church into a single family residence and requests to amend the ordinance to allow the affordable housing unit off-site or to mitigate for the unit via the use o f A ffordable Housing Credits. APCHA REFERRAL: Community Development Staff requested a referral fi-om APCHA. APCHA's preference is replacement with an actual unit but mitigation via affordable housing credits is also acceptable. 1235 Mountain View Drive - Ordinance Amendment Staff Memo Page 2 of 3 STAFF COMMENTS: The maximum density permitted on the lot appears to be a duplex so the present owner could provide the affordable housing unit on-site; however, Community Development staff feels that the provision of an off-site unit or the use of credits is a reasonable option for the applicant. RECOMMENDATION: Staff recommends that the request to amend Ordinance No. 20, Series of 1991, be approved on first reading. RECOMNIENDED MOTION: "I move to approve Ordinance No, _, Series of 2014 on First Reading." CITY MANAGER COMMENTS: ATTACHMENTS: Ordinance No --, Series of 2014 Exhibit A - City Council Ordinance No. 20, Series of 1991. Exhibit B - Application. 1235 Mountain View Drive - Ordinance Amendment Staff Memo Page 3 0 f 3 ORDINANCE NO. 34 (SERIES OF 2014) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING AN ORDINANCE AMENDMENT TO ORDINANCE NO. 20 (SERIES OF 1991) FOR THE PROPERTY LOCATED AT 1235 MOUNTAIN VIEW DRIVE PARCEL NO. 273501300812 WHEREAS, the Community Development Department received an application from James Farrey requesting approval of an ordinance amendment of Ordinance No. 20, Seriesof 1991;and, WHEREAS, the ordinance from 1991 permitted a three bedroom, Category 2 affordable housing unit to be developed on the property commonly known as 1235 Mountain View Drive, which operated as the Messiah Lutheran Church; and, WHEREAS, the current owner of the property would like to have the option to provide the affordable housing unit either off-site or through the provision of affordable housing credits; and, WHEREAS, the Community Development Department received referral comments from Aspen Pitkin County Housing Authority; and, WHEREAS, upon review of the application and the applicable code standards, the Community Development Department recommended approval of the ordinance amendment; and, WHEREAS, the City Council finds that the development proposal meets or exceeds all applicable development standards; and, WHEREAS, the City Council finds that this Ordinance furthers and is necessary for the promotion o f public health, safety, and welfare. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN AS FOLLOWS: Section 1: Ordinance No. 20, Series of 1991, Sections 1,2 and 3 are hereby amended and shall read as follows: Section 1: That it does hereby permit the development of an A ffordable Housing Unit on- site for a deed-restricted, 3 bedroom, Category 2 unit that meets the allowances and limitations of the land use code and APCHA guidelines in place at the time a building permit is submitted to change the church into a free-market residence. Ordinance No. 34, Series of 2014 Page 1 of 3 Section 3: Prior to a certificate of occupancy being issued for any development on 1235 Mountain View Drive a certificate of occupancy and appropriate deed restriction shall be required if an off-site affordable housing unit is provided. If affordable housing credits are provided, the credits shall be extinguished prior to the issuance of a building permit for 1235 Mountain View Drive. Section 2: All material representations and commitments made by the Applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the City Council, are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Section 3: This ordinance shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided. and the same shall be conducted and concluded under such prior ordinances. Section 4: If any section, subsection, sentence, clause, phrase, or portion of this resolution is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereo f. Section 5: A public hearing on this ordinance shall be held on the 1 0th day of October, 2014, at a meeting of the Aspen City Council commencing at 5:00 p.ni. in the City Council Chambers Aspen City Hall, Aspen, Colorado, a minimum of fifteen days prior to which hearing a public notice of the same shall be 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 13th day of September, 2014. Steven Skadron, Mayor ATTEST: Linda Manning, City Clerk FINALLY, adopted, passed and approved this Ordinance No. 34, Series of 2014 Page 2 of 3 Steven Skadron, Mayor ATTEST: Linda Manning, City Clerk APPROVED AS TO FORM: James R. True, City Attorney Ordinance No. 34, Series of 2014 Page 3 0 f 3 COMMUNITY DEVELOPMENT DEPARTMENT . Land Use Review Fee Policy The City of Aspen has established a review fee policy for the processing of land use applications. A flat fee or deposit is collected for land use applications based on the type of application submitted. A flat fee is collected by Community Development for applications which normally take a minimal and predictable amount of staff time to process. Review fees for other City departments reviewing the application (referral departments) will also be collected when necessary. Flat fees are cumulative - meaning an application with multiple flat fees must pay the sum of those flat fees. Flat fees are not refundable. A review fee deposit is collected by Community Development when more extensive staff review is required. Actual staff time spent will be charged against the deposit. Various City staff may also charge their time spent on the case in addition to the case planner. Deposit amounts may be reduced if, in the opinion of the Community Development Director, the project is expected to take significantly less time to process than the deposit indicates. A determination on the deposit amount shall be made during the pre-application conference by the case planner. Hourly billing shall still apply. All applications must include an Agreement to PaY Application Fees. One payment including the deposit for Planning and referral agency fees must be submitted with each land use application, made payable to the City of Aspen. Applications will not be accepted for processing without the required application fee. The Community Development Department shall keep an accurate record of the actual time required for the processing of a land use application requiring a deposit, The City can provide a summary report of fees due at the applicant's request. The applicant will be billed for the additional costs incurred by the City when the processjng of an application by the Community Development Department takes more time or expense than is covered by the deposit. Any direct costs attributable to a project review shall be billed to the applicant with no additional administrative charge. In the event the processing of an application takes less time than provided for by the deposit, the department shall refund the unused portion of the deposited fee to the applicant. Fees shall be due regardless of whether an applicant receives approval. Unless otherwise combined by the Director for simplicity of billing, all applications for conceptual, final, and recordation of approval documents shall be handled as individual cases for the purposes of billing. Upon conceptual approval all billing shall be reconciled and all past due invoices shall be paid prior to the Director accepting an application for final review. Final review shall require a new deposit at the rate in effect at the time of final application submission. Upon final approval all billing shall again be reconciled prior to the Director accepting an application for review of technical documents for recordation. The Community Development Director may cease processing of a land use application for which an unpaid invoice is 30 or more days past due. Unpaid invoices of 90 or more days past due may be assessed a late fee of 1.75% per month. An unpaid invoice of 120 days or more may be subject to additional actions as may be assigned by the Municipal Court Judge. All payment information is public domain. All invoices shall be paid prior to issuance of a Development Order or recordation of development agreements and plats. The City will not accept a building permit for a property until all invoices are paid in full, For permits already accepted, an unpaid invoice of 90 or more days may result in cessation of building permit processing or issuance of a stop work order until full payment is made. The property owner of record is the party responsible for payment of all costs associated with a land use application for the property. Any secondary agreement between a property owner and an applicant representing the owner (e.g. a contract purchaser) regarding payment of fees is solely between those private parties. January. 2013 o City of Aspen I 130 S. Galena St. I (970) 920-5090 CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT GENERAL LAND USE APPLICATION PACKEr THE Cin OF AsrEN Attached is an Application for review of Development that requires Land Use Review pursuant to the City of Aspen Land Use Code. Included in this package are the following attachments: 1. Development Application Fee Policy. Fee Schedule and Agreement for Payment Form 2. Land Use Application Forni 3. Dimensional Requirements Form 4. Matrix of Land Use Application Requirements/Submittal Requirements Key 5. General Summary of Your Application Process 6. Public Hearing Notice Requirements 7. Aindavit of Notice All applications are reviewed based on the criteria established in Title 26 of the Aspen Municipal Code. Title 26 of the Aspen Municipal Code is available at the City Clerk's Office on the second floor of'City Hall and on the internet at www.aspenpitkin.com . City Departments, City Clerk. Municipal Code. and search Title 26. We strongly encourage all applicants to hold a pre-application conference with a Planner in the Community Development Departnient so that the requirements for submitting a complete application can be fully described. Also, depending upon the complexity of the development proposed, submitting one copy of the development application to the Case Planner to determine accuracy, insufficiencies. or redundan<ics can reduce the overall cost of materials and Staff time. Please recognize that review of these materials does not substitute for a complete review o f the Aspen Land Use Regulations. While this application package attempts to summarize the key provisions of the Code as they apply to your type of development, it cannot possibly replicate the detail or the scope ofthe Code. If you have questions which are not answered by the materials in this package. we suggest that you contact the Staff member assigned to your case or consult the applicable sections ofthe Aspen Land Use Regulations. COMMUNITY DEVELOPMENT DEPARTMENT r- Agreement to Pay Application Fees An agreement between the City of Aspen ("City") and Phone No.: (312)968-4444 Property Jim and Kristy Farrey Owner (T): Email: jim@jpatrickreality.corn Address of 1235 Mountain Vjew Road Billing 550 Lazy Chair Ranch Rd. Property: Aspen, CO 81611 Aspen, CO 81611 Address: (subject of (send bills here) application) 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 1 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, 1 understand that these flat fees are non-refundable. 975 flat fee for APCHA (Housing) 0 Select Dept $ . $ flat fee for - 0 Select Dept 0 Select Review $ flat fee for . S fiat 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 totaj costs involved in processing the application. I understand that additional costs over and above the deposit may accrue. l understand and agree that it is impracticable for City staff to complete processing, review, and presentation of sufficient information to enable legally required findings lo 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 ab:ove listed billing address and not returned to the City shall be considered by the City as being received by me. 1 agree to remit payment within 30 days of presentation of an invoice by the City for such services. Ihave 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 t:he processing of my application at the hourly rates hereinafter stated. 1,950 6 $ deposit for hours of Community Development Department staff time. Additional time above the deposit amount will be billed at $325 per hour. s O 0 deposit for hou.rs of Engineering Department staff time. Additional time above the deposit amount will be billed at $265 per hour. City of Aspen: Property Owner: 0%.. 394-L~ Chhs Bendon .4--<- -1- Community Development Director Name: - 9 +M TRAA5*r Title: 04-0- m 1 City Use: 2925 Fees Due: S Received: S January. 2013 1Â· City of Aspen I 130 S. Galena St. 1 (970) 920-5090 ATTACHMENT 2 -LAND USE APPLICATION PROJECT: Name: 50%1 839 00150- 1.ocation: 12.6â‚¬ L PlajaA 0 Vt /0 132,16- (indicate street address, lot & block number, legal description where appropriate) Parcel ID # (REQUIRED) 27?950' 1.3,%>Sig--- APPI~ICANT: Name: '5141 1 ge teiX f:hee.ET Address: 891 Flo~â€ž0 ' G Co Phone #: 4&Â· 166 Â·4444 REPRESENTATIVE: Name: (Z- i'ZOor Aeobt,Ttz:ru - â‚¬eld tibilâ‚¬U.J*t / Met,AO\â‚¬ ~6Â£240 Address: 41{ 920 KAÂ© -6920 , fo#lE 20*, AdaO Phone #: 110- 124 . 1*>52- TYPE OF APPLICATION: (please check al] that apply) E C}MOS Exemption El Conceptual pUD E Temporary Use El GMQS Allotment U Final PUD (& PUD Amendment) D Text/Map Amendment j Special Review U Subdivision E Conceptual SPA El ESA - 8040 Greenline, Stream U Subdivision Exemption (includes D Final SPA (& SPA Margin. I lallam Lake Bluff. condominiumization) Amendment) Mountain View' Plane Commercial Design Review E Lot Split E Small Lodge Conversion/ Expansion Residential Design Variance gl Lot Line Adjustment O Other: Conditional Use EXISTING CONDITIONS: (description of' existing buildings. uses. previous approvals. etc.) ilte 64$74)69 00Â°litoO oF -iltâ‚¬ MFEED~ doerA)36 A 56 16â‚¬0#0044 ARC 0,1 .3 -ate tes ,# 43 Â§ be laâ‚¬ ctlegue PROPOSAL: (description of proposed buildings, uses, modifications. etc.) Mo,6 -ntâ‚¬ AMM) Tb k 4.rre. 10 -Tbgk) larMILI Ttte :AÂ¢%856 lk>fiu. 8116A- Have you attached the following? FEES DLE: $ L] Pre-Application Conference Summary O Attachment #1. Signed Fee Agreement U Response to Attachment #3. Dimensional Requirements Form Â£ Response to Attachment #4, Submittal Requirements- Including Written Responses to Review Standards El 3-I) Model for large project All plans that are larger than 8.5" X 11" must be folded. A disk with an electric copy of all written text (Microsoft Word Format) must be submitted as part ofthe application. Large seale projects should include an electronic 3-D modeL Your pre-application conference summary will indicate if you must submit a 3-1) model. 00 0 ATTACHMENT 3 DIMENSIONAL REQUIREMENTS FORM Project: 40Â¥4 45 '13;f1006- Applicant: h,Vl tÂ®2.-T,Â¥ / 21-*oOF Aa:*tritz:ML Location: 12-645 MINTW 660 -IDe,ye- Zone District: F-\15- Lot Size: 1 36:pe> Â·se Lot Area: 1 f. 300 *sf- (for the purposes of calculating Floor Area, Lot Area may be reduced for areas within the high water mark, easements, and steep slopes. Please refer to the definition of Lot Area in the Municipal Code.) Commercial net leasable: Existi/lg: /7 Proposed: Number of residential units: Eristing. 1 Proposed: 2~ (3cx.03 Number of'bedrooms: Existing. 5 Proposed: Proposed % ofdemolition (Historic properties only): - DIMENSIONS: Floor Area: Existing: 5,046 Allowable: 41611 Â« Proposed: 8403.56f Principal bldg. height Existing.Â·_27 4Â£2-I>t /lowable.Â· ze i o Proposed:. 7236: 1 Access. bldg. height: Existing: - Allowable: - Proposed: - On-Site parking: Existing: 30 Required: de Proposed: -LQ_. _ % Site coverage: Existing: K)/4 Re,wired: 4/4- Proposed: Al/A- 9/0 Openspace: Existing: 144Â¥ Required: AjA Proposed: A)/40 Front Setback: Existing: ,*L. 7 ' Required: 24' Proposed: 14 ' Rear Setback: Existi-ng:_.36>â€ž....*f_'Required: /25' Proposed. /<O'(fIJZZÂ¥:I.~ Combined ER: Existing: le' Required: 161 Proposed: /0' Side Setback: Existing: /2.36:,'Required: 10' Proposed: JZ. &42 Side Setback: Existing. Required: Proposed: Combined Sides: Exirting: Required: Proposed: Distance Between Existing Required: /00 Proposed: /03. Buildings Existing non-conforniities or encroachments: Variations requested: ATTACHMENT 6 PUBLIC HEARING NOTICING REQUIREMENTS Three forms of notice are required by the Aspen Land Use Regulations: publication in tile newspaper. posting of the property, and mailing to surrounding landowners, Followine is a summary oftlie notice requirements, including identification of who is responsible for completing the notice. 1. Publication - Publication of notice in a paper of general circulation in the City of Aspen is to be done at least fifteen (15) days prior to the hearing. The legal notice will be written by the Community Development Depaitment and we will place the notice in the paper within the appropriate deadline. 2. Posting - Posting of a sign in a conspicuous place on the property is to be done tifteen (15) days prior to the hearing. It is the applicant's responsibility to obtain a copy of the sign from the Community Development Department. to till it in correctly and to bring proof' to the hearing that posting took place (use attached affidavit). 3. Mailing - Mailing of notice is to be made to all owners of property within 300 feet of the subject development parcel by the applicant. It is the applicant's responsibility to obtain a copy of the notice from the Community Development Department, to mail it according to the following standards. and to bring proof to the hearing that the mailing took place (use attached affidavit). Notice to mineral Estate Owner. An Applicant for surface Development shall noti fy affected mineral estate owners by at least thirty (30) days prior to the date scheduled for the initial public hearing on the application for development. The applicant shall certify that the notice has been provided to the mineral estate owners. The names and addresses o f property ow'ners shall be those on the current tax records of Pitkin County as they appeared no more than sixty (60) days prior to the clare of public hearing. AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: , Aspen, CO SCIIEDULED PUBLIC HEARING DATE: , 20 STATE OF COLORADO ) ) SS. County of Pitkin ) 1, (manie. please print) being or representing an Applicant to the City of' Aspen, Colorado. hereby personally certify that 1 have complied with the public notice requirements of Section 26.304.060 (E) of the Aspen Land Use Code in the following manner: Publication of itotice: 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. P).rting of notice: By posting of notice. which fbi-Ill was obtained from the C.ommunity 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 _ day of , 20 , to and including the date and time of the public hearing. /1 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 lifteen (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 properly subject to the development application. The names and addresses of properly 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. /1 copy ofthe owners and governmental agencies so noticed is attached hereto. 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, inchiding the method of public notification and a copy of any documentation that was presented to the public is attached hereto. (continued on next page) .Wineral 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 tctrt 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, Signature The foregoing "Affidavit of Notice" was acknowledged before me this __ day of .20 .by WITNESS MY HAND AND OFFICIAL SEAL My cominission expires: Notary Public ATTACHMENTS AS APPLICABLE: = COPY OF THE PUBLICATION â€¢ PHOTOGRAPH OF THE POSTED NOTICE (SIGN) Â· LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED BY MAIL Â· APPLICANT CERTIFICATION OF MINERAL ESTAE OWNERS NOTICE AS REQUIRED BY C.R.S. Â§24-65.5-103.3 CITY OF ASPEN PRE-APPLICATION CONFERENCE SUMMARY PLANNER: Jennifer Phelan DATE: 8.11.2014 PROJECT: 1235 Mountain View Dr. - Messiah Lutheran Church property OWNER: Jim Farrey REPRESENTATIVE: Seth Hmjelowski TYPE OF APPLICATION: Ordinance Amendment DESCRIPTION: The applicant is interested in removing the affordable housing unit (AHU) that is currently located on the site within the church which has acted as housing for the minister. The applicant intends to provide the housing as either an off-site unit, cash-in-lieu, a certificate of affordable housing credit or a combination of these methods. Applicant should outline how replacement mitigation is anticipated to be provided for City Council's review and approval. The property currently contains the church building and a parsonage. The church has been located on this property since 1964. In 1991 the Pitkin County Bank (now Vectra Bank) received Council approval for the concept to develop a deed-restricted unit on the Mountain View site as part of the bank's affordable housing requirement connected with their development at 534 E. Hyman St. (Resolution No. 5, Series of 1991). Ordinance No. 20 (Series of 1991) granted a growth management exemption for affordable housing on the subject site, allowing for the development of the 3 bedroom, 1,430 sq. ft., Category 2 unit. To remove the unit a new ordinance will need to be approved by the City Council permitting the removal of the AHU and the form of the replacement housing. An ordinance is required to have a first and second reading prior to passage. Below are links to the Land Use Application form Land Use App: http://www.aspenpitkin.com/Portals/0/docs/City/Comdev/Apps%20and%20Fees/2013% 20IandÂ°/020use%20app%20form.pdf Land Use Code Section(s) 26.304 Common Development Review Procedures 26.710.050 Moderate-Density Residential (R-15) Review by: Planning Staff, Aspen Pitkin County Housing Authority (APCHA), Council Public Hearing: Council Planning Fees: $1,950 for six (6) hours of review. Additional hours above this amount will be billed at a rate of $325/hour. Referral Fees: APCHA - $975, flat fee Total Deposit: $ 2,925 ASLU Ordinance Amendment 1235 Mountain View Drive Parcel ID: 273501300812 To apply, submit the following information: O Completed Land Use Application and signed fee agreement. D Pre-application Conference Summary (this document) 0 Street address and legal description of the parcel on which development is proposed to occur, consisting of a current (no older than 6 months) certificate from a title insurance company, an ownership and encumbrance report, or attorney licensed to practice in the State of Colorado, listing the names of all owners of the property, and all mortgages, judgments, liens, easements, contracts and agreements affecting the parcel, and demonstrating the owner's right to apply for the Development Application. O Applicant's name, address and telephone number in a letter signed by the applicant that states the name, address and telephone number of the representative authorized to act on behalf of the applicant. Â£ A site improvement survey (no older than a year from submittal) including topography and vegetation showing the current status of the parcel certified by a registered land surveyor by licensed in the State of Colorado. Il HOA Compliance form 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 and relevant land use approvals associated with the property. O An 8 1/2" by 11" vicinity map locating the parcel within the City of Aspen. O 1 Complete Copy. If the copy is deemed complete by staff, the following items will then need to be submitted: 0 12 Copies of the complete application packet and, if applicable, associated drawings. (list # of copies typically associated with PZ, HPC, and CC review, 1 per referral agency) 0 Total deposit for review of the application. O A digital copy of the application provided in pdf file format. 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. #340028 12/30/91 09:37 Pe= 520.0.. BÂ» 665 PG 619 Silvia Devls, Pizi in C,ty Clerk. Doc $.DO ORDINANCE NO.20 (SERIES OF 1991) AN ORDINANCE OF THE CITY OF ASPEN GRANTING GMQS EXEMPTION AND VESTING OF DEVELOPMENT RIGHTS FOR A DEED RESTRICTED AFFORDABLE HOUSING UNIT AT THE MESSIAH LUTHERAN CHURCH, LOCATED AT 1235 MOUNTAIN VIEW DRIVE (PARCEL A, BLOCK 3 WEST MEADOWS SUBDIVISION) WHEREAS, the Pitkin County Bank on behalf of the Messiah Lutheran Church submitted to the Planning Office an application for amendment of the Church's Conditional Use as well as GMQS Exemption for Affordable Housing and vesting of development rights in order to construct a deed restricted, three bedroom 1,430 square foot unit at the Church property; and WHEREAS, this proposal is in accordance with City Council Resolution #5, Series 1991 which approved the concept of the Bank providing a deed restricted unit at the Church to partially satisfy . the Bank'e affordable housing requirement resulting from its 1990 Commercial Growth Management allotment; and WHEREAS, the application was reviewed by the Engineering Department, the Fire Marshal, the Housing Authority, and the Planning Office and those agencies submitted referral comments for the Planning Commission's consideration; and WHEREAS, on May 7, 1991 the Aspen Planning and Zoning Commission approved an amendment to the Church's Conditional Use with conditions and forwarded a recommendation to City Council to approve GMQS Exemption for Affordable Housing with Resolution #91- 12; and WHEREAS, pursuant to Section 24-8-104 C.1.c. of the Aspen biIA Municipal Code, the City Council may grant approval to GMQS 1/.lili 1 #74 th')26 1 2 /30/91 09:37 Re:z $20.,0 Bk 665 F*3 620 fil v i e Cavis. Pit K 1 1 Cn ty Clerk, ID oc $ . 00 ... -I- Exemption for Affordable Housing; and WHEREAG, pursuant to Section 24-6-207 of the Aspen Municipal Code, the City Council may grant vested rights to a development plan for a total of three years from the date of approval; and WHEREAS, the Aspen City Council having considered the Planning and Zoning Commission's recommendation, does wish to grant the GMQS Exemption for Affordable Housing and Vesting of Development Rights for three years for the development of a three bedroom 1,430 square foot affordable housing unit at the Messiah Lutheran Church. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OP THE CITY OF ASPEN, COLORADO: Section 1: That it does hereby grant GMQS Exemption for Affordable ~ Housing with the conditions recommended by the Planning and Zoning Commission and as modified by the City Council for a deed restricted, 3 bedroom 1,430 square foot affordable housing unit. Section 2. The conditions of approval which apply to this project are: 1. Prior to issuance of Building Permit, the affordable housing unit must be deed restricted with the Housing Authority and filed with the Pitkin County Clerk and Recorder for Category #2 rental/sales guidelines in place at the time of recordation. Proof of recordation with the County Clerk shall be forwarded to the Planning Office. At the applicant's discretion, the square footage of the unit may be lowered to comply with Category #2 size 2 4344028 12/30/9: 09:37 Eec $20.90 El' 665 16 621 Silvia Dakis, Pitkin 3"ty Clerk, Doc $.00 requirements, 2. Occupancy priority shall be given to the Church's minister. However, if necessary for the specific use by the Messiah Lutheran Church's minister and family, the Category #2 asset and income guidelines may be exceeded. 3. In the event that the church minister does not occupy the unit, the church may rent the unit to other occupants who qualify with all of the Category 02 guidelines, provided however that such occupancy shall be by a family related by blood or marriage. 4. The owner (Messiah Lutheran Church) is obligated to keep the units occupied with qualified tenants and is obligated to notify the Housing Authority when the unit is vacant. 5. Prior to the issuance of a building permit, the well water 4 shall be tested for quality and quantity and approved by the Environmental Health Department. 6. Prior to issuance of a building permit, a dust control program for the parking lot shall be submitted to Planning and approved by the Environmental Health Department for implementation by the Church. 7. All material representations made by the applicant in the application and during public meetings with the Planning and Zoning Commission and City Council shall be adhered to and considered conditions of approval, unless otherwise amended by other conditions. Section 3: That it does hereby grant Vested Rights for the construction 3 #340028 12/30/91 09:37 Rec *20.AÂ¢ Bt 665 33 622 Siliia Davis. Pl:Fln Entv Cleri. Doc $.00 . ---- of this affordable housing unit. The rights granted by the site specific development plan shall remain vested for a period of three (3) years from the effective date hereof. 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. Section 41 That the City Clerk be and hereby is directed, upon the adoption of this ordinance, to record a copy of this ordinance in the office of the Pitkin County Clerk and Recorder. Section 5: A public hearing on the Ordinance shall be held on the 7'4- A day of Â».4,-1~ , 1991 at 5:00 P.M. in the City Council Chambers, 0 Aspen City Hall, Aspen Colorado, fifteen (15) days prior to which a hearing of public notice of the same shall be 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 /OLC<-~ day of 4 617 d .0 . , 1991, -1 1.-2 : John Bennett, Mayor Ka:t'llry*~36Â·'**Rpah, City Clark FINALLY, adopted, passed and approved this 022*1 day of , 1991, 0 1 1 '011'. (4 5. ap- John BAnett, Mayor - A*TEST: C-' 0- r n /1 f ,/t",le42 2/ ~ Kathryn ,#12 Kgch, City Wirk jtkvj/messiah.ord IJ' k ~ 1 :AKO / 4 e ./ Fav architeCtS August 31, 2014 Pitkin County Community Development PID # 2735-013-00-812 On behalf of Jim and Kristy Farrey, Z-Group Architects is submitting this packet for approval to relocate the existing Affordable Housing Unit from the property located at 1235 Mountain View Drive to a location within the Aspen Infill Area. The property was formerly used as a church and their congregation has now moved to another location down valley. In 1991, the Church received approval to build an AHU on the second floor. Per the Ordinance No. 20, Series of 1991, the housing unit was built as the living quarters for the Minister for the church. The function of this special approval is no longer valid for another use. Jim and Kristy purchased the property to turn it into their new home by renovating the church and AHU into a single family residence. Unfortunately, the existing location of the AHU does not work functionally or economically for renovating the church into a home. The initial concept was to build a new AHU out onto the property with its own access and yard space and meet APCHA Standards; however the current code does not allow them to move the AHU out of the existing structure as a free-standing unit on the property without making the structure into duplex. Creating a duplex on this lot with one of the dwelling units being an AHU does not make the development financially feasible nor does it actually make sense functionally. The current zoning situation is quite messy and does not fit within another zoning use other than what it was giving permission for, making it extremely difficult to develop the site into something more appropriate for the neighborhood. As a second option, the Farrey's would like to consider purchasing Affordable Housing Credits in lieu of relocating the AHU, however their preference is to relocate it. Sincerely, ~ i Z-GROUp ARCHITECTS c I .... - Seth Hmibl~*02~3 Principal .. ~ Z Group Architects. LLC . 234 East Hopkins Avenue. Aspen, CO 81611 . Telephone 970-925- 1832 . Fax 970-925- 1371 ATTACHMENT 2 -LAND USE APPLICATION RECEIVED PRO.IE(-r: SEP 8 2014 Nmne: tivel %39 0616- . ~ . 4'. 14 i JITY 01 ' 2 < r.. 4'%#4Â· NT 1.ocation: 12Â·66 1 Mcoâ€¢3~ 0 Vito Ikz-tvf- . ( Indicate street address, lot & block number. legal description where appropriate) Parcel 11) # (RliQUIRED) 2.7 0-0 15,0 tiz'- API'l.!CANT: N.une: 2Â»/1 1 2"/*T 194Â¢ee~ Address: 12Â«- 400*0 460 Phone #: â‚¬\2-- 166 Â·4444 REPRESEN'l-ArIVE: Name: â‚¬'*oof AgobtiÂ·re:r:6 - 99 t\*cifi/1Jkt ~ Pto-Adâ‚¬ dirj>J Address: 41 [ 500:r Kko -092:88&-, SD\1Â£ 20â‚¬~ , A~RO Phone #: 116- 124Â· 1%52. '1'3 PE OF APPLICATION: (please check ;ill Iliat apply): O GMQS 1.xemption O Conceptual PUD U Temporary Use E GMQS Allotment ~ Final PUD (& PUD Amendment) 0 Text/Map Amendment El Special Review U Subdivision E Conceptual SPA El I{SA - 8040 Greenline. Stream ~ Subdivision Exemption (includes U 1:inal SPA (& SPA Margin, 1 1.illam Lake Bluff. (011(lom ini um i7.ati <,Ii ) Amendment) Mountain View Plane Â£ Coniniercial Design Review /1 I.ot Split Â£ Small Lodge Conversion/ Expansion E Residential Design Variance j Lot Line Adjustment Â£ Other: U Conditional Use ExISTING CONDITIONS: (description of existing buildings. uses. previous approvals. etc,) 926 64tl)'0/q gooÂ°,7,00 of -ntâ‚¬ fibeter7 /04rkt.16 A, 06 16â‚¬c>~eaâ€¢.4 AHO 0/TH I.) 11+8 150&94,1 of 114â‚¬ Oteg241-- PROPOSAL: (description of proposed buildings, uses. modifications. etc.) Mo46 -THâ‚¬ 4%0 Tb A. â‚¬rit /0 -rbÂ·00 An/*10 Ttle bâ‚¬Afed Ajfilz. APGÂ¥- 11:ive,Â·ou attached the following? FEES Dl:E: S 2 Pre-Application Conference Summary U Attachment# 1, Signed Fee Agreement U Response to Attachment #3. Dimensional Requirements Form C Response to Attachment #4. Submittal Requirements- Including Written Responses to Review Standards 3 3-D Model for large project All plans that are larger than 8.5" X 11" must be folded. A disk with an electric copy of all written text (Microsoft Word Format) must be submitted as part of the application. Large scale projects should include an electronic 3-1) model. 3'our pre-application conference summary will indicate if,ou must submit a 3-1) model. 1 , ATTACHMENT 3 DIMENSIONAL REQUIREMENTS FORM Project: #viax AstpFUÂ« Applicant: huvl f#*zar i &-12Â« A.Aria:n Location: 1-2-6â‚¬ May[*J 060 -Dewâ‚¬r- Zone District: F.-16- Lot Size: 1 1 84*> f Lot Area: lf. 32> -f>F- (tor the purposes of calculating Floor Area. Lot Area may be reduced fur areas within the high water mark, easements, and steep slopes. Please refer to the definition of Lot Area in the Municipal Code. ) Commercial net leasable: Existilig: <:32 Proposed: d> Number of residential units: Airisti,ig: 1 /4-opo.st'cl: Z. C*03 Number ofbedrooms: Airisti/lg. 9 Propo.xed: Proposed 9% of demolition (Historic properties only): --I DIMENSIONS: -SE 4 I 9 tif Floor Area: Existing: '520â‚¬23 Alloitable:< 69~ Proposed: 61<202-p Principal bldg. height: Existing: 7716 Allowable: 20â€¢LO.. Proposed: 2714' Access. bldg. height: A.ri.#ting: - Allowable: Proposed: - On-Site parking: Exi.wing.- 36> Required: 6, Proposed: 6, % Site coverage: Existing: 6*'4 Required: U/4 Proposed: N/â€¢r 0 1 % Open Space: Existing: ~A- Required: AM Proposed: 414- Front Setback: Existing: >U. 1 Rcqi,ired: 14' Proposed: 1â‚¬ ' Rear Setback: Existing: 20 ,6,4 'Re quired: /C>' Proposed: /O'(IJOSib Combined F'R: Existing.Â· /O' Rcqi,ired: 16' Propo.Ned: lo' Side Setback: E.xi.mng. /2,56/Required: 14>' Proposed: )2.86 ' Side Setback: Existing: Regitired: P,uposc'd: Combined Sides: Existing: Reqi,ired: /11 7 )p<,scd: Reguired: / C)' Propoxed: 10+ ' Distance Between Existing Buildings Existing non-coniolinities or encroachments: Variations requested: ATIC)RNI:YS & ('C)UNSI:1.ORS AT LAW 33) WEST MAIN S[REET ASPEN. COLOR:\DO 81611 -1557 Sherman & Howard I.L.C. TELEitiONE: (970) 925-6300 FAX: (970) 925-1181 011'ICES IN: DENVIÂ·R Â· COLORAIX) SPRINGS Â· ASPENÂ· VAIL STEAMBOAT SPRINGS Â· Ptl<)1-N[\ Â· >,('01 1 54[)Al.H Â· RENO Â· 1.AN VEGAS Â· Al.1.()14% Curtis B. Sanders Office Number (970) 300-0()14 E-mail: csandersru shermanhoward.com August 18.2014 City ofAspen Community Development Department 130 South Galena Street Aspen. Colorado 81611 Re: James P. Farrey and Kristi N. Farrey; Certificate of Ownership Dear Sir or Madam: 1 am an attorney licensed by the State ot'Colorado to practice law. This letter shall confirm and certify that James P. Farrey and Kristi N. Fan*ey. are the ou'ners ofeertain improved real property located at 1235 Mountain View Drive. Aspen. Colorado 81611. and legally described as follows (the "Subiect Propertv"): A tract 01 land in the SW1/4 of Section 1. Township 10 South. Range 85 West of the 6th P.M. described as follows, to-wit: Beginning at a point whence the 1/4 corner between Sections 11 and 12. Township 10 South. Range 85 West of the 6111 P.M. of the Kimberly Survey bears S. 14Â°20' W. 2498 feet: thence S. 85Â°15' East 1085 teel: Thence N. 6Â°30' East 98 feet to a point of true beginning: thence N. 85Â°15' West 167 feet: thence N. 6Â°30' East 104 feet: thence S. 85Â°15' East 167 feet thence S. 6'30' West 104 feet to the point o f true beginning. Together with a right of way over a road twelve feet wide lying immediately South of a line beginning at a point whence the northeast corner of the above described land bears S. 6Â°30' West 228 feet: thence North 89Â°30' West 270 feet, thence S. 76Â°30' West 230 feet. thence N. 67Â°30' West 460 feet: thence S. 47Â° West 170 feet to the County Road. BUS_RE/536368 0.1 . Also a right of way over a road twelve feet wide lying immediately west of a line beginning at a point whence tile northwest corner of the above described land bears S. 6Â°3()' West 216 feet: thence S. 6Â°30' West 320 ket. An undivided one-quarter interest in and to a tract of land in the SW1/4 of' Section 1. T. lOS.. R. 85W.. 6th P.M.. described as follows: Beginning at a point whence the quarter-corner between Sections 11 and 12, said township and range. of the Kimberly Survey bears S. 14Â°20' W. 2498 feet: thence S. 85Â°15' E. 1085 feet: thence N. 6Â°30' E. 390 feet to a point oftiue beginning. thence N. 89Â°30' W. 15 feet: thence N. 6Â°30' E. 28 feer thence S. 89Â°30' E. 15 feet: thence S. 6Â°30' W. 28 feet to the point of true beginning. Also a tract of land described as follows: Beginning at the nollheast corner of the above described tract; thence N. 6Â°30' E. 12 feet: thence N. 89Â°30' W. 179 feet: thence S. 6Â°30' W. 320 feet: thence S. 85Â°15' E. 12 feet: thence S. 85Â°15' E. 12 feet. thence N. 6Â°30' E. 308 feet thence S. 89Â°30' E. 167 feet to the point of beginning. being a strip of land to be used as a road by the property owners adjacent to said strip lying to the south and east thereof'. The Subject Property is subject only to the following matters of record: 1. Right of the Proprietor of a vein or lode to extract and remove his ore therefrom. should the same be found to penetrate or intersect the premises hereby granted, as reserved in United States Patent recorded August 17,1889, in Book 55 at Page 5. 2. Terms. agreements. provisions. conditions and obligations as contained in Warranty Deed recorded June 9,1964. in Book 207 at Page 321. 3. Terms. agreements. provisions. conditions and obligations as contained in Easement Agreement recorded June 1 7,1970. in Book 249 at Page 10. 4. Terms. agreements. provisions. conditions and obligations as contained in Grant of Easement recorded February 18, 1983, in Book 440 at Page 771. 5. Occupancy Deed Restriction and Agreement for an Affordable Dwelling Unit recorded June 15.1992 in Book 680 at Page 779. 2 BUS RE/5363680.1 This letter shall further confirm that as the owners of the Subiect Property, James P. Fan ey and Kristi N. Fat-rey have the right and authority to file and pursue land use applications. variance requests. and other requests with the City of Aspen with respect to the Subject Pt-operty Sincerely. Curtis B. Sanders 3 BUS RE/5363680.1 COMMUNH Y DEVELOPMENT DEPARTMENT Agreement to Pay Application Fees RECEIVED An agreement between the City of Aspen ('City') and SEP 8 2014 Phone No.: (312)968-4444 Properly Jim and Kristy Farrey CITY OF ASPEN Owner (r) Email: jim@jpatrickreality.com Address of 1235 Mountain View Road Billing 550 Lazy Chair RancA'RA:VUY Dr'/21 OPMENT Property: Aspen, CO 81611 Address: (subject of Aspen, CO 81611 (send bills here) application) 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. 975 APCHA (Housing) 0 Select Dept S flat fee for . S. flat fee for 0 S nat fee for Select Dept 0 Select Review S 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. 1,950 6 S deposit for hours of Community Development Department staff time. Additional time above the deposit amount will be billed at $325 per hour. SO O deposit for hours of Engineering Department staff time. Additional time above the deposit amount will be billed at S265 per hour. City of Aspen: Property Owner: Chris Bendon Community Development Director Name: . Diwi *aET Title: dis#dge- City Use: 2925 Fees Due: S Received: S Janijao'. 2013 City of Aspen 1 130 S. Galena St. 1 (970) 920-5090 COMMUNITY DEVELOPMENT DEPARTMENT .. Homeowner Association Compliance Policy All land use applications within the City of Aspen are required to include a Homeowner Association Compliance Form (this form) certifying the scope of work included in the land use application complies with all applicable covenants and homeowner association policies. The certification must be signed bv the properly owner or Attorney representing the property owner. Property Name' 2>IM 1 t:,219 14(201 Owner CID. Email: Di*(2.Â·bfATQe#-06310:r~ 200 Phone No. :54 â‚¬Â·12>Â·4444 Address of 12566 Metra~ 0 \lleâ€¢> 254,49=' Properly 416â€¢704 09 0164 (subject of application) I certify as follows: (pick one) bIL This property is not subject to a homeowners association or other form of private covenant. Â£ This properly is subject to a homeowners association or private covenant and the improvements proposed in this land use application do not require approval by the homeowners association or covenant beneficiary. ~ This property is subject to a homeowners association or private covenant and the improvements proposed in this land use application have been approved by the homeowners association or covenant beneficiary. Evidence of approval is attached. I understand this policy and I understand the City of Aspen does not interpret, enforce, or manage the applicability, meaning or effect of private covenants or homeowner association rules or bylaws. 1 understand that this docurner'~t ~~blicdocument. Owner signature: / r , date: 6 . 41Â· {4 Owner printed name: -hkA meÂ¢â‚¬T or, Attorney signature: date: Attorney printed name: October, 2013 City of Aspen I 130 S. Galena St. I (970) 920-5090 1235 Mountain View Dr - Google Mop.4 littps://uÂ·uÂ·w.google.com/maps/previcu 4 2 1236 Moti,lair, V,ew Dr . f W E'pkw, Ilws at,8 '1-% 4 4 41 la --*A**Â·ri,+:, .0. 4 1?L \. 1 -1:%- lit: -9 Â· ~ ~ ~>Â¢JQ t. 2. / 4 * 1235 Mountain View 8 4 7 . a '.....: . M '0 , AN;en M..... Hno'I - , 04*4 t : 11/0 Hul. Crfâ„¢â€¢ter' 5 , la 20.,4 12 .7 - E â‚¬.A-W. A. , .- I I Â¢ i .3 i ; 5:2,@4.G'.Â» S, 1... ....... ... IE '6. il *'44â€¢, 5, : . . 4/2* 4 ~//'44' 4 D Ii 1'1 i 14 0 J .... I 9 0- ./.. -1 - *,4*4 4 . 1 L 44+, 3 7 -' Â® /4/t N - Ul; â€¢ A 4-n Vale, 1â€¢040,1,1 4:- I.l e '4 . 'I k ' Ii, i I 4:-Â·.-9~i AP & a , I .4 u.p d,la C 2014 Google 1000 4 1 of 1 6/26, 2014 9:18 AM A IMPROVEMENT & TOPOGRAPHIC SURVEY PLAT A TRACT OF LAND SITUATED IN THE SW1/4 OF SECTION 11, TOWNSHIP 10 SOUTH, RANGE 85 WEST OF THE 6TH P.M. 1 1/ CITY OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO LIN 13166 / 1 SITE BENCHMARK / 0 1-KE....37 RICHARD W & SARAH C. SHAW 106 /20 MOUNTAIN VIEW DR BK 600 PG 73 1 ./ , , J .~.. UNDERGROUND TELEPHONE -/4--ZI----- FFENCE (TYP.) 1 EASEMENTBI[440,07'll Y 1.42 wIT-NE CONCRETI SIDEWALK A ' + -/Cm--_x ' '16 1 ELEC FED n# . ff. ...'-'.1.- 7-7 -J ;*(,I=%*x -I----I-* -f -~--- c-u~~ ~ ~_~f,i ---- - .. ,Â¢f 1 j L'IM 71j 7 M '.-,- - 74 4 ' -Su. 9714 TELE,-~ *41 M i 81 % - -*--- -L - - aa- 7â€¢37 30 reMP)'' 1 ' ~ 71 ~ UN*RGROUNDCABLETV(TYP) ~ \ 7 - "-1 - --- CATVFED -7 f N TR! i 2- 26-2-27-2- - f- Urf--1- 11 I EL-7834.8' 1 - ---- r-1 UNDERGROUND ELECTRIC r[17) % .... : i EL=7939/ 1 /0 ..INGE )!1 t ELEC. 1 7 .DUL TRAN~ f L zi CONTROL LOTS I # WE r / -.0 __..____l j WEST MEADOW 1 1 4 LuDGE EL=7967 y IfT L f--f - 42/ -J 2/ 2/ 7 $ K gr f W F . Â£ 0/ m:/ 1 ASPHAL' P'NO 0 1 1. 0 W , I 4 2 jj f#,1 / 1/ &#r 4 00*- 9/ E / 11360SFI~ E-Â£8 5 fs' 1 1 1 ~1 ~ ~~~ i Lor 7 -422.-A co-11 : 7=$ 4 0 BOWBUI'VY SUB. 6 e:' 1, /0/6 1 I. i .1 1 -------- I I W.CRE. I ; j SNOW'UNNY SUB, *1* SEIZE_ -v--- - 1 ill ~Â· TRACT PUMP HOUSE ' I . REC NO 41.-U 141 DESCRIBED E_ ' /1 \ i ..'> /'. 1~ h % ..' 60990'Fr. 3 '' - A Â· 9/ idE . UDGE # 11 P =7 1 EL=7959.2' d :0 7 . ~#I.. .to 1 11% 1 ~ / 8% 48 /1/ / 1 % I TRACT DESCRIBED ; __~11*.BEDEEEMFL _ . 9Â» 1 609903 Fr. 1 T - / EL,7932-9/ / 1 1 n--4 [N ILEC NO 1*2 --2~GROUNDaAS qm_.f - 11 6~ IMP-' j \ j EL-7835.7 1| n ./33 I /% ,~ SHED ~Â· :im -~-Â· Â·Â·~... , , 1 i~ 1 11 L Â·CAP --- I- - ..... i 2~1, Â»MAIL BOX .--------- X--~T~ZI YR11 5. LS. #U.UOIBLE (r':rp) LFENCE (TYP.) ./. ,-FENCE (TYP.) \1 N a iIi ------lcup--- I-- 0 : LATTA GUBSER CONDO C . m u i 'f : GRAPHIC SCALE COMMON AREA 1227 MOUNTAIN VIEW DR. f #5 REBAR & CAP 300 14& A LCOA GPS #11 & L.S.# 15710 I CEMEERY / @ b SILVER KNO DR. 8 4. Eli C m FEET ) 7: U 1 1,9 1 inch = 100 ft go E COAGPS#107 P CEME-rERY EN'@ \ / CEMETERY LN 4 E- 240 . /.3 :Il ./. A MACT OF LAND LN THE SW 1 /4 OF SECrION 1, TOWNSH ' 10 SOUTH, RANGE 85 WEST OF THE SIXTH PRINCIPAL 1) IHLS PROPER[-Y ES SUBJECr TO RESERVATIONS. RESTR[(mONS, COVENANTS, BUILDING I HEREBY STATE niAT TH]S iMPROVEMENT SURVEY WAS PUPARED BY PEAK SURVEYING, INC. â€ž6 MSFTâ€ž~m , 150 MERID]AN, CrTY OF ASPEN, COUNTY OF PrrKIN, STATE OF COLORADO, SAID TRACT BEING MOREPART[CULARLY SE.ACKS AND EASEMENTS OF RECORD, OR IN PLACE AND EXCE-ONS TO TITLE SHOWN IN FOR JAMES P. FAiUUEY AND KRISTIN N. FARREY 180 DESCRLBED AS FOLLOWS: THE TrrLE COMMITMENT PREPARED BY riTLE COMPANY OF THE ROCKIES. COMMIMENT NO 0703773Â·438 DATED EFFECrIVE APRIL 30.2014. [ FURTHER STATE THAT THE [MPROVEMENTS ON THE ABOVE DESCRIBED PARCEL ON TIUS DATE. MAY 28, 2014, EXCEPT UnLITY CONNECTIONS, ARE ENTIRELY WITHâ„¢ THE BOUNDARIES OF THE BEG[NNING ATA POINT WHENCE THE QUARTER CORNER BETWEEN SECTIONS 11 AND 12. TOWNSHLP 10 SOUTH. 2) THE DATE OF THE SURVEY WAS MAY 28,2014. PARCEL, EXCEN AS SHOWN, THAT THERE ARE NO ENCROAC1[MENTS UPON IHEDESCRIBED RANGE 85 WEST OF THE SIXTH PRINCTPAL MEWDLAN OF THE KIMBERLY SURVEY BEARS S 14~20'00-W 2498.00 FEET; PREM]SES BY IMPROVEMENTS ON ANY ADJO[NrNG PREMISES, EXCEFT AS [NDICATED, ANDTHAT THENCE SM' I 5Â·00 FEET !085.00 FEET; INENCE N06â€¢30Â·00Â»E 98.00 FEEÂ·IÂ· TO THE ForNT OF TRUE BEGINNING: THENCE 3) BASIS OF BEARINGS FOR THIS St.VEY IS A BEARING OF /85Â°15â€¢00"W BETWEEN THE THERE lS NO APPARENT EVIDENCE OR SIGN OF ANY EASEMENT CROSSING OR BURDENING ANY N85Â° 15'00"W 167.00 FEET: nmNCE N06Â°30'00' 6 104.00 FE Er; THENCE S85~15'00"E 167.00 FEET; THENCE S069O00"W SOUHEASTERLY CORNER. A #5 KEBAR & CAP IS. #15710 FOUND IN PLACE AND THE PART OF SAID PARCEL, EXCEN AS NOTED. I FURTHER STATE THAT! HAVE EXAMENED THE TrTLE GRAPHIC SCALE 104.00 FEET TO THE POINT OF TRUE BEGINNING. SOUTHWESTERLY CORNER, A #4 REBAR AND CAP L.S. I ILLE'[BLE FOUND IN PLACE. COMM]TMENT PREPARE} BÂ¥ TITLE COMPANY OF THE ROCKIES, COMMn-MENT NO 0703773-/8 DAÂ·IÂ·ED EFFECnVE APEUL 30,2014 AND FIND ALL EXCE[mONS TO TTrLE THAT AFFECT 11113 FO[}En{ER WrTH AllGHT-OF-WAYOVERAROADTWELVEFEETWIDELYINGIMMEDIATELYSOUTHOFALINE 4) UNITS OF MEASURE FOR ALL D[MENSIONS SHOWN HEREON [S US StfRVEY FEE SUBIECT PROPERTY ARE SHOWN KEREON TO THE BEST OF MY KNOWLEDGE AND BELIEF. 4 BEGINNING 'T A POINT WHENCE THE NORTHWEST CORNER OF Tile ABOVE DESCRIBED LAND BEARS S069]C,00Â·W 5) THIS SURVEY IS BASED ON THE GENERAL WARRANTY DEED RECOKIED AP]UL 30,2014 AS 228.00 FEET, THENCE N89Â°WOO-W 270.00 FEET, THENCE S76630'00Â·W 230.00 FEET: THENCE '6730'00Â·W 460.00 FEEL RECEPTION NO. 609903 [N THE PrrKIN COUNTY CLERK AND RECORDER'S OFFICE AND CORNERS .IENCE s,47~00. w 170,00 FEEr TO THE! COUNTY ROAD. FOUND IN PLACE. â€žÂ«Ese-Â»>~ ( IN FFET) 1 inch = 10 fL N31Utij-~~221%221&&112,CZNZYOZ~}myt&~2~(S"',56AT 546:&9,*,s,~Ifisi~%Â£13-~,4,~~-6.0~~~~~ ay: f'R'.0 Â·Â·~t 460"011. P.LA, No 1794 NORTHWESTERLY CORNER AS SHOWN CONTOUR INTERVAL EQUALS 1 FOOT. t<.. 1 3 74311 . 1 TIiENCE S06~30'00.W 320.00 FEE. Â· ~ 4 TREE CHART 7) THE SUBJECT PROPERTY IS ZONED R. 15 ACCORDING To THE C.Y OF ASPEN LAND USE 1 - ' AN UND[VIDED ONE-QUARTER INTEREST IN AND TO A TRACT OF LAND IN THE SW1/4 OF SECTION 11, TOWNSHIP 10 R.EGULATIONS PART 700, CHAMER 26.710.50.D.4-6. SETBACKS ARE LISTED AS FRONT YARD 1Â·. 07/lg~14 TREE TYPE TRUNK DIA. DRIP DIA. SOUTH. RANGE 85 WEST OF THE SIXTH PRINCIPAL MERIDIAN CITY OF ASPEN, COUNTY OF P[TKIN. STATE OF SETBACKS FOR RES1DeNTIAL DWELLIGS 25Â·,ACCESSORY BUILDINGS 3/, REAR YARD 1 DECIDUOUS 12" 12' COLORADO. SAID TRACT 321NG MORE PARTICULARLY DESCRIBED AS FOLLOWS: SETBACKS FOR PRINCIPAL BUILDINGS 10' ACCESSORY BUILDINGS 5' AND S[DE YARD SETBACK 2 2Â·DECIDUOUS 'N 8 10' BUILDING SETBACKS SHOULD BE VER[FIED WTâ„¢ COMMUNrrY DEVELOPMENT PRIOR m %46.1/ 3 DECIDUOUS W 14' BEGINNING AT A POINT WHENCE THE QUARTER CORNER BETWEEN SECTIONS 11 AND 12. SAID TOWNSHIP 10 ANY DESIGN OR CONSTRUCTION. 4 DEC[DUOUS 4" 4' SOUTH, RANGE 85 WEST. OF THE KIMBERLY SURVEY BEARS S14â€¢2/00:W 2498.00 FEET: THENCE S85g 15'00Â·E 1085.00 5 4-DEC[DUOUS 4" 4 FEET; THENCE N06~30~00. 390.00 FEET TO THE POINT OF TRUE BEGINNING; THENCE N89Â°30'00~W 15.00 FEET: 6 DEC[DUOUS 24" 25' THENCE N06~30'00Â·E 28.00 FEET: THENCE 389Â°30'0013 15.00 FEET; THENCE SO/30'009/28.00 FEET TO THE POr,rr OF Drawn By 7 DECIDUOUS 14Â·' I y TRUE BEGINNING, No. Date Revision Bv Project NO. 8 DECIDUOUS 12Â· 12' ~ ~ A JRN JAMES P. FARREY & KRISTIN N. FARREY 9 DECIUOUS 24" 25' ALSO A TRACr OF LAND DESCRIBED AS FOLI.OWS 1 07/18/14 UPDATE SURVEY - REMOVE 12' ACCESS JRN -hecked ByÂ· 10 DECIDUOUS 36" 20 . CHY OF ASPEN. COLORADO 14036 11 DECIDUOUS 8" 8 BEGINNING AT THIE NORTHEAST CORNER OF THE ABOVE DESCRIBED TRACT; THENCE .06Â°30'00"E 12.00 FEET; JRN IMPROVEMENT & TOPO SURVEY 12 DECID'lus i. 12 THENCE N8/30'00'W 179.00 FEED THENCE S06Â°30'00"W 320.00 FliET; â„¢ENCE 903Â°15'00Â»E 12 00 FEET; TliENCE 03xPEAK~<4 EASEMENT VACATED '06'30'00 3 308.00 FEET; THENCE S89Â°3~00'E [67.00 FEET TO THE POINT OF BEGINNLNG, BEING A STRIP OF LAND TO SWIM SEC. 11, TlOS, R85W I 2-DECIDUOUS 8" 8 Surveying, lIne. .0- BE USED AS A ROAD BY THE PROPERTY OWNERS ADJACENT TO SAID STRIP LYING TO THE SOUTH AND EAST JUNE 6,2014 m:jj:.492;#tif:~&&&2542:2&3 THEREOF. P.O. Box 1746 - Rifle, CO 81650 1235 MOUNTAIN VIEW DRIVE 1 OF 1 Phone (970) 625-1954 - Fax (970) 579-7150 Computc~ Flle: aULT[FICATION SHOWN i[EREON www.peaksurveyinginc.com 036.DWG inti@REL.eaw'~~ ---Â·- -3VFuliS-6 alle UNDERGROU TELEPHONE (TY}.) 8K 249 7835 - . . . . 0 0 . . IMPROVEMENT & TOPOGRAPHIC SURVEY PLAT A TRACT OF LAND SITUATED IN THE SWI/4 OF SECTION 11, TOWNSHIP 10 SOUTH, RANGE 85 WEST OF THE 6TH P.M. 1 fl/ CITY OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO T-#5 REBAR & CAP / L.S.#13166 1 0 ' /; SITE BENCHMARK 1 / ..2, ,/1/~ 1 y ELEV=7836.37 RICHARD W. & SARAH C. SHAW N. /0 x- 1220 MOUNTAIN VIEW DR. \ X BK 600 PG 751 /1 1 2 #POST -4/ Fvp , f - 41 0 X- ~--FENCE (TYP ) ~ -Â·-Â·-1836 --- I UNDERGROUND TELEPHONE - - -- - X EW. A X- -FORTIONOF~WATEENE J-12' WATERLINE ~ . Â«. j -Â·Â·-Â·Â·-Â·Â·Â·_._-~..~.. ~~~ ~ ~~ ~~~ _ -. _.~_.__.-_-=-- -- - x- i j -t..%6: r.-- - ~ - / EASEMENT BK 440 PG 771 . 4 ~ ~t 24- 4 CONCRETE SIDEWALK ' Â£-* 7 X -4.-1~_ ELEC. PED.n M v -- ., 1 . 1 ..- I. . . . ~~V-,~ . . -. ..U~h . i 10' 913335Ernker - lr-4,l.C -16Â»*.Â»-4+ 4.'..* - 9 + 1 -SPIGOTO 7836 -4 -â€žN (t. 3% ~~%-+V-41.9 Â»ENEE@A%,05,4 TR# TELE.-1 :k. f PED. (TYP.) \ 1\, . 6 fle . ~ Â·.-,----.---4-)\/e-.....-- M-,4-â€ž.--.......V.M..4 - 7837 ~~~+~le.-'.... 1- -1 L-L:L-Â¥4 2 / 74\-SPIKE J ~Â« - ".2&1L-, ~~ UNIÂ¢RGROUND CABLE TV (TYP.) 1 - -5~-STEPS --~Â·~"-.-~10 6" bkipjÂ·~'Â»\ 4,46/~//'~.,1 . 73-* - - EL-7434,8' CATV PED.-/ 4 1 ---------7X -- (TYP.) P , 14% 1// 1 F 1/ P {)- sn - Â· TRU l 1 -T~ -Ill Ill -1 - - -2 yo Eli,L Â· ., UNDERGROUND ELECTRIC fIYPÂ·) 1 EL=7939.9 LFLANGE Ill 1-1 1 1 1 1/ li 1 1 -4 ELEC.1-1 l J 1 Go 1 , CONTROL 1 / FENCE- 1 1 Â£-IRR W 1 1 1 1,8 TRANS; i N . 30' \ l (TYP.)/ h~ i 11 & f' .../ 1 LOT 8 1 1 1 4 me i 25' WESTMEADOWSUB/ 1 I 4 0/1 1 1 0 / 1 2 "6 H 88: :--------1 1 /0 ~; 1 *0 . 1 't ' 0, 1 1 40/ ~ 0 4 j u Cb A W A /1 7 If / ....1 / LRIDGE j~ 0/ 1 42, 1-1 , 2 2 -44' / . f EL==7967.5' -I--if i :1 1 _ 9 4 J / Cul I Nli /-.8 . . 0 W hi. 1Â·'f 1,1 -1 '6. 11/ f 1 ,1 STEP-1 - 1.- $ 0 -,4/ el \ 1 0 12' , 4 j - 0/ 1,1 2 i <; 4 1 \ 1 / a 41 . 1 , f' 01 :; 4 4~/ gd/ >1.1/ 0 4/ 1, 1. 40.3, : Ck: 1 2 1 /,r t f j ~~ jiff .49 , \ 109 1 ASPHALT PARKING / , 1 j t v 4 1- / ~ 4 . 8 0 1 A-la / N.i .2. /0 'r g *1 891 2./ Wl *55 r- , 9 4 1 1 '1 21 621 1 r--* 300 7-7~ 3 2 h 0/ W I -ful I / - 4.4-0*9\ 1/ f i ,/2, d 17,360 S.F.6 i i f . I b / 2 1 0 a 7 ~~ ~ f LOT 7 Z41:Dpz) :'/ / / l~2.2.4 LFLANG'E 4 0 /2 1 ! 96~14RJED /1-_.3 EL=7939.9' SNOWBUNNY SUB. Â·/l/ENTRANCE 0 ---Â·-4 / 9 Â«84%?V.*h il 0, m. al 00 2-I. 4. al 1 1 :m i Wi . I b ? 1 % %0 - ' ~Â· LOT 8 -- -- Ii-- N f ' , '4& SNOWBUNNY SUB. - m - -w- ----2 1 ..INOM9903PT. 2 R i A 0 9 m W ./2 + U NX 1 . il 1 / / L PUMP HOUSE-/ f b , br 4 K a t , . cal ' TRACT i 1 f 1--41 1 ; b.' 4 0 / l 443 l , /// 1 ~~ h ? 44 DESCRIBED j 1 _.~-1:8 'f \ 1 Q 1 im/2 IN REC. NO. 3 $. 1 0 . M h 1 f ''i ll - // F >.1 8 609903 PT. 3 / 4/ 1< . F-7-7 16' 4. 1 6 I f i -"< .t / ny /4 L RiDGE - CO -- . _ 1 f / EL==7959.2' 7 h u 00 2 -/ /# 7 0-97- 0/7~ E >-t* /ew 1 1 i EL j 10.0, i .. 0 1 f . L 9 1 ~ 1 SEEDETAIL 21 '~ CAR.PdR 6- 2 "Â· ~ 1 TRACT DESCRIBED f IN REC. NO. f u lail / I /// 1 / 1 10, SIDEBUILDING SE-rlBACK. _ _~ / LL 609903 PT. 1 T- . , 1 F- 11. Â·Ilt" CMP-Â·' i 14\ '1 4 . fEL-7835.7' f UNDERGROUND GAS (TYP) - . 78N1===AP.' im i o m ' li ----4-'jr------EFIErt-OT-.7-7 G -L--,-,- 5Â£4 . .M 9.-.-m..g_ .MJ,2.2121-1~112.*: U 42.40 SHED . 1 F----...-~.=--.Wâ€žU ...... < TR12 j -1 - A- 1 1 >1 TR6 J i , 1 - F --- #4 REBAR & CAP MAILBOX X - 14 4 j I --------.....L, 1 ' e. ~UlÂ· R j /9 TRM 1% L.S.#ILI~GIBLE / o ...w. -. .: - -*. - .+. - *.- w - --. - -. 7---*.Au..1-*4.. (TYP.) FENCE (TYP.) X - XÂ«1-2~ / : -ha 4+4 1 4 N x- t /-FENCE (TYP.) PUMP--Â·y_,~~ 18 ~~ 0 ~ LATTA GUBSER CONDO X -'.AA 97 . TRo h t COMMON AREA \ : TRIO 4 :1 01 j GRAPHIC SCALE 330 \\Ul\2111.1.dlud, /30 k. 2 ~ 1227 MOUNTAIN VIEW DR. \ 2 +?1871'8523'~~~~~- fr 1 0v1200~I \,&327 w e y i-7*e// A / #5 REBAR & CAP 300 ~~~ ~ ~ ~ 60 LCOA GPS #11 CEMETERY LN. @ .~2h SILVER KING DR. * 2 / ( IN FEET ) 1 inch = 100 ft $ hiES o E- 54 ~ 270 _~ ---- . L 90 E COA GPS #lon r CEMETERY ENT. @ \ / CEMETERY LN. 240- ' ~ ~* '120 /'//X A TRACT OF LAND IN THE SW1/4 OF SECTION 1, TOWNSHIP 10 SOUTH, RANGE 85 WEST OF THE SIXTH PRINCIPAL 1) THIS PROPERTY IS SUBJECT TO RESERVATIONS, RESTRICTIONS, COVENANTS, BUILDING I HEREBY STATE THAT THIS IMPROVEMENT SURVEY WAS PREPARED BY PEAK SURVEYING, INC. 210 / '''ll'll"')\I' \ 150 MERIDIAN, CITY OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO, SAID TRACT BEING MORE PARTICULARLY SETBACKS AND EASEMENTS OF RECORD, OR IN PLACE AND EXCEPTIONS TO TITLE SHOWN IN FOR JAMES P. FARREY AND KRISTIN N, FARREY 180 DESCRIBED AS FOLLOWS: THE TITLE COMMITMENT PREPARED BY TITLE COMPANY OF THE ROCKIES, COMMITMENT NO. 0703773-C8 DATED EFFECTIVE APRIL 30,2014. I FURTHER STATE THAT THE IMPROVEMENTS ON THE ABOVE DESCRIBED PARCEL ON THIS DATE, MAY 28,2014, EXCEPT UTILITY CONNECTIONS, ARE ENTIRELY WITHIN THE BOIJNDARIES OF THE BEGINNING AT A POINT WHENCE THE QUARTER CORNER BETWEEN SECTIONS 11 AND 12, TOWNSHIP 10 SOUTH, 2) THE DATE OF THIS SURVEY WAS MAY 28,2014. PARCEL, EXCEPT AS SHOWN, THAT THERE ARE NO ENCROACHMENTS UPON THE DESCRIBED RANGE 85 WEST OF THE SIXTH PRINCIPAL MERIDIAN OF THE KIMBERLY SURVEY BEARS S14Â°20'00"W 2498.00 FEET; PREMISES BY IMPROVEMENTS ON ANY ADJOINING PREMISES, EXCEPT AS INDICATED, AND THAT THENCE S85Â°15'00 FEET 1085.00 FEET; THENCE N06Â°30'00"E 98.00 FEET TO THE POINT OF TRUE BEGINNING; THENCE 3) BASIS OF HEARINGS FOR THIS SURVEY IS A BEARING OF N85Â°15'00"W BETWEEN THE THERE IS NO APPARENT EVIDENCE OR SIGN OF ANY EASEMENT CROSSING OR BURDENING ANY N85Â°15'00"W 167.00 FEET; THENCE N06Â°30'00"E 104.00 FEET; THENCE S85Â°15'00"E 167.00 FEET; THENCE S06Â°30'00"W SOUTHEASTERLY CORNER, A #5 REBAR & CAP L.S. #15710 FOUND IN PLACE AND THE PART OF SAID PARCEL, EXCEPT AS NOTED. I FURTHER STATE THAT I HAVE EXAMINED THE TITLE GRAPHIC SCALE 104.00 FEET TO THE POINT OF TRUE BEGINNING. SOUTHWESTERLY CORNER, A #4 REBAR AND CAP L.S. # ILLEGIBLE FOUND IN PLACE. COMMITMENT PREPARED BY TITLE COMPANY OF THE ROCKIES, COMMITMENT NO. 0703773-C8 DATED EFFECTIVE APRIL 30,2014 AND FIND ALL EXCEPTIONS TO TITLE THAT AFFECT THE TOGETHER WITH A RIGHT-OF-WAY OVER A ROAD TWELVE FEET WIDE LYING IMMEDIATELY SOUTH OF A LINE 4) UNITS OF MEASURE FOR ALL DIMENSIONS SHOWN HEREON IS U.S. SURVEY FEET. SUBJECT PROPERTY ARE SHOWN HEREON TO THE BEST OF MY KNOWLEDGE AND BELIEF. BEGINNING AT A POINT WHENCE THE NORTHWEST CORNER OF THE ABOVE DESCRIBED LAND BEARS S06Â°30'00"W 5) THIS SURVEY IS BASED ON THE GENERAL WARRANTY DEED RECORDED APRIL 30, 2014 AS 228.00 FEET; THENCE N89Â°30'00"W 270.00 FEET; THENCE S76Â°30'00"W 230.00 FEET; THENCE N67Â°30'00"W 460.00 FEET; RECEPTION NO. 609903 IN THE PITKIN COUNTY CLERK AND RECORDER'S OFFICE AND CORNERS THENCE S47Â°00'00"W 170.00 FEET TO THE COUNTY ROAD. FOUND IN PLACE. ( IN FEET ) 1 inch = 10 ft, ALSO A RIGHT-OF-WAY OVER A ROAD TWELVE FEET WIDE LYING IMMEDIATELY WEST OF A LINE BEGINNING AT 6) ELEVATIONS ARE BASED ON A GPS OBSERVATION UTILIZING THE MESA COUNTY RTVRN 4444 /.i/f@% A POINT WHENCE THE NORTHWEST CORNER OF THE ABOVE DESCRIBED LAND BEARS S06Â°30'00"W 216.00 FEET; NETWORK (1988 ORTHO DATUM) YIELDING AN ON-SITE ELEVATION OF 7836.37' ON A THE BY: 67 U ... Â»0 / L/..0 ti NORTHWESTERLY CORNER AS SHOWN. CONTOUR INTERVAL EQUALS 1 FOOT. 13 - ~ 37937 , M bASON'k yEIL, P.L,6 NO. 379* THENCE S06Â°30'00"W 320.00 FEET. t! 0 0 Â£3 TREE CHART 7) THE SUBJECT PROPERTY IS ZONED R-15 ACCORDING TO THE CITY OF ASPEN LAND USE 85 .+ N AN UNDIVIDED ONE-QUARTER INTEREST IN AND TO A TRACT OF LAND IN THE SW 1/4 OF SECTION 11, TOWNSHIP 10 REGULATIONS PART 700, CHAPTER 26.710.50.D.4-6. SETBACKS ARE LISTED AS FRONT YARD Y\ â€¢Â·j~. 07/18/14 .0 4727 TREE TYPE TRUNK DIA. DRIP DIA. SOUTH, RANGE 85 WEST OF THE SIXTH PRINCIPAL MERIDIAN, CITY OF ASPEN, COUNTY OF PITKIN, STATE OF SETBACKS FOR RESIDENTIAL DWELLINGS 25', ACCESSORY BUILDINGS 30', REAR YARD 1 DECIDUOUS 12" 12' COLORADO, SAID TRACT BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: SETBACKS FOR PRINCIPAL BUILDINGS 10', ACCESSORY BUILDINGS 5' AND SIDE YARD SETBACK 2 2-DECIDUOUS 8" 8' 19. BUILDING SETBACKS SHOULD BE VERIFIED WITH COMMUNITY DEVELOPMENT PRIOR TO ~~ZzzlzzILW- 3 DECIDUOUS 14" 14' BEGINNING AT A POINT WHENCE THE QUARTER CORNER BETWEEN SECTIONS 11 AND 12, SAID TOWNSHIP 10 ANY DESIGN OR CONSTRUCTION. 4 DECIDUOUS 4" 4' SOUTH, RANGE 85 WEST, OF THE KIMBERLY SURVEY BEARS S 14Â°20'00"W 2498.00 FEET; THENCE S85Â°15'00"E 1085.00 5 4-DECIDUOUS 4" 4' FEET; THENCE N06Â°30'00"E 390.00 FEET TO THE POINT OF TRUE BEGINNING; THENCE N89Â°30'00"W 15.00 FEET; 6 DECIDUOUS 24" 25' THENCE N06Â°30'00"E 28.00 FEET; THENCE S89Â°30'00"E 15.00 FEET; THENCE S06Â°30'00"W 28.00 FEET TO THE POINT OF 7 DECIDUOUS 14" 15' TRUE BEGINNING, NO. I)ate Revisi,]0 Drawn By: BY Project NO. 8 DECIDUOUS 12" 12' JRN JAMES P. FARREY & KRISTIN N. FARREY 9 DECIDUOUS 24" 25' ALSO A TRACT OF LAND DESCRIBED AS FOLLOWS: 1 07/18/14 UPDATE SURVEY -REMOVE 12'ACCESS JRN ~ Checked By: CITY OF ASPEN, COLORADO 14036 10 DECIDUOUS 36 20 Â·CXPEAK 1 EASEMENT VACATED 11 DECIDUOUS 8" 8' BEGINNING AT THE NORTHEAST CORNER OF THE ABOVE DESCRIBED TRACT; THENCE N06Â°30'00"E 12.00 FEET; JRN 12 DECIDUOUS 12" 12' THENCE N89Â°30'00"W 179.00 FEET; THENCE S06Â°30'00"W 320.00 FEET; THENCE S85Â°15'00"E 12.00 FEET; THENCE IMPROVEMENT & TOPO SURVEY N06Â°30'00"E 308.00 FEET; THENCE S89Â°30'00"E 167.00 FEET TO THE POINT OF BEGINNING, BEING A STRIP OF LAND TO 13 2 DECIDUOUS 8" 8' ~ ~ Ille. BE USED AS A ROAD BY THE PROPERTY OWNERS ADJACENT TO SAID STRIP LYING TO THE SOUTH AND EAST SWIM SEC. 11, TIOS, R85W JUNE 6, 2014 NOTICE: ACCORDING TO COLORADO LAW, YOU MUST COMMENCE ANY LEGAL ACTION THEREOF. P.O. Box 1746 - Rifle, CO 81650 BASED UPON ANY DEFECT IN THIS SURVEY WITHIN THREE YEARS AFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT MAY ANY ACT10N BASED UPON ANY DEFECT IN Phone (970) 625-1954 - Fax (970) 579-7150 Computer File: 1235 MOUNTAIN VIEW DRIVE 1 OF 1 THIS SURVEY BE COMMENCED MORE THAN TEN YEARS FROM THE DATE OF THE www.peaksurveyinginc.com 036.DWG CERTIFICATION SHOWN HEREON. . 0 . . . 0 . . SS- ss GROUND TELEPHO &--