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Home My WebLink AboutFox Crossing Lot 4- Interpolated GradeJune 15, 2018 Ms. Jennifer Phelan, AICP Deputy Planning Director City of Aspen 130 So. Galena St. Aspen, Colorado 81611 RE: Fox Crossing Lot #4— Pre -Development Topography Ms. Phelan: Please accept this application for an administrative determination regarding the pre - development topography of Lot #4 of the Fox Crossing Subdivision. This property is owned by CADG Aspen Holdings LLC; Mehrdad Moayedi, Manager. BendonAdams is authorized to act on behalf of CADG. Lot #4 is part of the Fox Crossing Subdivision. Lot #4 is the final lot to be developed. Homes to the north and south are complete. Race Alley to the east and a public trail to the west are both developed at approximately the level of the Lot #4. A building permit for this Lot #4 site was submitted to the City of Aspen and is pending. During review, City staff questioned the use of the existing, current -day topography as the basis for measuring height for the proposed single-family home. The permit is essentially on -hold until this issue is resolved. The City of Aspen issued an official determination that a civil sheet attached to the recorded subdivision plat from 2005 should be used as the basis for measuring heights. This civil sheet reflects a property elevation approximately 10-12 feet below the elevation of the surrounding properties. Use of this elevation as the basis for the development would result in this final home of the subdivision resting at the bottom of a large hole, completely out of context with its surrounding development. The applicant submitted a notice of appeal of the staff determination in order to enable further conversation regarding the appropriate grades to be used for this final lot. See exhibit 10. 300 SO SPRING ST 1 202 1 ASPEN, CO 81611 970.925.2855 1 BENDONADAMS.COM Fox Crossing Pre-Dev Topo Page 2 A pre -application conference meeting was held between City staff and the applicant design team focused on the applicant providing an estimate of pre -development topography prepared by a Civil Engineer or Professional Land Surveyor. See Exhibit 2. This application provides this pre - development topography estimation along with commentary from the Civil Engineer on its genesis. High Country Engineering (HCE) is a local civil engineering and land surveying company with extensive experience with land development in the Roaring Fork Valley including Aspen. HCE has provided an estimation of pre -development grade of Lot #4 using historic documents and information from surrounding developments. See Exhibits 9 and 10. The site and surrounding area was apparently excavated at some point, materials exported, and then refilled with imported material. This is typical of this area just below the Smuggler Mine where mining -related activities took place. The pictures below show the current condition. HCE's pre -development topography estimation closely resembles the grade shown in the photos. Y View looking west along north property line. Cot #4 is on left. 300 SO SPRING ST 1 202 1 ASPEN, CO 816 970.925.2855 1 BENDONADAMS.COM Fox Crossing Pre-Dev Topo Page 3 o View looking South along western property line. Lot #4 is on left. • View looking north along western property line. Lot #4 is on right. • View looking east along southern property line. Lot #4 is on left. 300 SO SPRING ST 1 202 1 ASPEN, CO 81611 970.925.2855 1 BENDONADAMS.COM Fox Crossing Pre-Dev Topo Page 4 The request, if approved, would allow this final parcel of the Fox Crossing Subdivision to be developed at a very similar grade as the neighboring lots. Accepting the pre -development grade estimation will avoid creating an anomaly, with this one final home sitting in a 10-12-foot deep hole. The pre -development topography will not enable a home on Lot #4 to be any higher than its surrounding counterparts. Accompanying the historic topography map is a narrative explanation from HCE. This document describes the document and methodology used to prepare the estimated pre -development topography. We have attempted to provide all necessary information to enable a thorough evaluation of the application. Upon request, BendonAdams will gladly provide such additional information as may be required in the course of the review. Kind Regards, a* Chris Bendon, AICP BendonAdams LLC Attachments: 1. Application Form 2. Pre -Application Summary 3. Appeal of Administrative Determination 4. Authorization to Represent 5. HOA Form 6. Agreement to Pay 7. Proof of Ownership 8. Vicinity Map 9. Letter from High County Engineering 10. Estimated Pre -Development Topography from High County Engineering 300 SO SPRING ST 1 202 1 ASPEN, CO 81611 970.926.2855 1 BENDONADAMS.COM Exhibit 1 LAND USE APPLICATION oo, cr�e As Project Name and Address: Fox Crossing Lot #4 Pre -Development Topography Parcel ID # (REQUIRED) 2737-073-92-004 Name: n Address: 1800 Valley View Lane #300; Farmers Branch, TX 75234 Phone#: 970.925.2855 email: chris@bendonadams.com REPRESENTIVATIVE: Name: BendonAdams Phone#: 300 So. Spring St. #202; Aspen, CO 81611 970-295-2855 chris@bendonadams.com Description: Existing and Proposed Conditions Vacant lot with a proposed single-family home Review: Administrative or Board Review Required Land Use Review(s): Growth Management Quota System (GMQS) required fields: Net Leasable square footage na Lodge Pillows na Free Market dwelling units 1 Affordable Housing dwelling units 0 Essential Public Facility square footage na Have you included the following? FEES DUE: $ 975.00 Pre -Application Conference Summary Signed Fee Agreement HOA Compliance form [� All items listed in checklist on PreApplication Conference Summary Phone Cust # 139816 ... I Address Email I Last name Phone First name Address Exhibit 2 CITY OF ASPEN PRE -APPLICATION CONFERENCE SUMMARY PLANNER: Jim Pomeroy DATE: March 1, 2018 PROJECT: Lot 4, Fox Crossing REPRESENTATIVE: Ryan Doremus DESCRIPTION: The applicant requests an administrative determination regarding the pre -development topography on the subject site. The property is currently a lot without a developed home on it. While the lot is currently mostly flat, based on the Subdivision Plat it appears that significant re -grading has taken place on the site at some time in the past. The re -grading is considered a form of development and the Land Use Code requires both height and Floor Area to be calculated using natural or pre - development topography. The development rights associated with the lot may be affected by the re -grading. In order to establish an agreed upon pre -development or interpolated grade, which will then be considered "natural grade," a land use application must be submitted for consideration by the Community Development Director. The Applicant may use the recorded topography from the subdivision plat from 2005 (Book 74, Page 17) or with evidence, provide an alternative interpolated grade. Essential to the application is evidence of the pre -development topography. The following language from the Land Use Code (Chapter 26.575) describes the review process: "In instances where the natural grade of a property has been affected by prior development activity, the Community Development Director may accept an estimation of pre -development topography prepared by a registered land surveyor or civil engineer. The Director may require additional historical documentation, technical studies, reports, or other information to verify a pre -development topography." The submitted materials will additionally be evaluated by the City of Aspen Engineering Department. Below are links to the Land Use Application form and Land Use Code. Land Use Application: httl):I/citvofasl)en.com/DocumentCenter/HomeNiew/415 Land Use Code: https://www.citVofasl)en.com/276/Title-26-Land-Use-Code Land Use Code Section(s) 26.304 Common Development Review Procedures 26.576.020 Calculations and Measurements, Measuring Net Lot Area/Height Review by: Staff for complete application and determination Planning Fees: $650 — for two hours of Staff Review time. Referral Fees: Engineering — $325 for one hour of review time WAAS CAMPBELL RIVERA JOHNSON &VELASQUEZE RECEIVED LIAR 13 2018 CITY OF ASPEN OWAKrY DEVELOPMENT March 13, 2018 VIA E-MAIL AND HAND DELIVERY City of Aspen Community Development Department Attn: Jim Pomeroy, Zoning Officer 130 S. Galena St., Third Floor Aspen, CO 81611 Exhibit 3 Bart Johnson, Esq. 970.544.4602 johnson@wcrlegal.com RE: Notice of Appeal — Historical Grade Determination for Lot 4, Fox Crossing Subdivision Dear Jim: This firm represents CADG Aspen Holdings, LLC ("Owner") in connection with Lot 4, Fox Crossing Subdivision, located at 553 Race Alley, Aspen, Colorado ("Lot 4"). I enclose with this letter a determination your office rendered by e-mail regarding building permit application 0304.2017.ARBK submitted on behalf of Owner for the development of a single-family home on Lot 4 (the "Determination"). The Determination made certain interpretations and findings under the Aspen Land Code regarding the topography for Lot 4 as it affects the calculation of the maximum floor area and building height for the proposed home on Lot 4. The Determination also requires Owner to submit an interpolated grade survey for Lot 4. Please be advised that by this letter Owner is hereby appealing the Determination and all interpretations, findings and requirements of the Determination pursuant to Section 26.316.030 of the Aspen Land Use Code. It is our intent to work with the City, potentially through an amendment process, to resolve this matter by a means other than completing the appeals process. We therefore reserve the right to supplement this notice of appeal at a later time with additional materials, information and arguments if the appeal process proceeds. 1350 SEVENTEENTH STREET SUITE 450 DENVER COLORADO 80202 M 720-351-4700 it 720-351-4745 __ __ _ T 420 EAST MAIN STREET SUITE 210 ASPEN LOLORADO 81611 I x 978_544-700fi I 1 B6fi-492-0361 TWCRLEGAL.COM_I Begin forwarded message: From: Jim Pomeroy 4im.pomerov@citvofaspen.com> Date: March 1, 2018 at 3:46:54 PM MST To: Ryan Doremus <rvan thunderbowlarchitects.com> Cc: Jennifer Phelan<iennifer.obelanCdcitvofaspen.com>, Claude Salter <ciaude.satter@citvofaspen.com> Subject: Lot 4- Fox Crossing - Historical Grade HI Ryan: Please consider this email a follow-up to our conversation earlier this week regarding required survey information for Lot 4, Fox Crossing Subdivision. In reviewing the building permit application (0304.2017. ARBK) to develop a single-family residence, it has come to my attention that the topographic survey of Lot 4 submitted with the application is different than the topography shown for Lot 41n the recorded subdivision plat (Book 74, Page 17) for the Fox Crossing Subdivision which was recorded In 2005. Topography affects the measurement of Height and Floor Area. Section 1 of Ordinance No. 50 (Series of 2004), which Is the approval ordinance for Fox Crossing Subdivision, states that "The allowable Floor Area for each parcel shall be pursuant to the R6 Zone District regulations." The Subdivision Improvement Agreement also states that, "The allowable Floor Area for each Lot shall be pursuant to the City of Aspen R-6 Zone District regulations as amended from time to time." Section 26.710.040.D.11, Floor Area Ratio, bases allowable Floor Area for any home in the R-6 zone district on the "Net Lot Area." Net Lot Area is calculated in Section 26.575.020.C, Measuring Net Lot Area. That section of the Land Use Code clearly states that in order to calculate Net Lot Area, gross lot area is to be reduced when the presence of steep slopes greater than 20% are on the site. The table (26.575.020.1) that lays out the proportional reductions in gross lot area based on steep slopes has notes attached to it. Note 2 to the chart states: www.cltvofaspen.com (Please note, the city's website has changed and any saved links should be updated) Notice and Disclaimer: This message is intended only for the individual or entity to which it is addressed and may contain information that is confidential and exempt from disclosure pursuant to applicable law. If you are not the intended recipient, please reply to the sender that you have received the message In error and then delete it. Further, the Information or opinions contained In this email are advisory in nature only and are not binding on the City of Aspen. If applicable, the Information and opinions contain in the email are based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. The opinions and information contained herein do not create a legal or vested right or any claim of detrimental reliance. June 8, 2018 Exhibit 4 Jessica Garrow, AICP Community Development Director City of Aspen 130 So. Galena St. Aspen, Colorado 81611 RE: Fox Crossing Lot #4, 533 Race Alley Ms. Garrow: Please accept this letter authorizing BendonAdams, LLC, to represent our ownership interests in Fox Crossing Subdivision Lot # 4 and act on our behalf on matters reasonably associated in securing land use approvals for the property. If there are any questions about the foregoing or if I can assist, please do not hesitate to contact me. Property — Fox Crossing Lot # 4, AKA 553 Race Alley Legal Description — Fox Crossing Subdivision Lot 4, AKA House 1 Owner — CADG Aspen Holdings LLC; Mehrdad Mcayedi, Manager Parcel ID # — 2737-073-92-004 Kind Regards, Mehrdad Moayedi, Manager CADG Aspen Holdings LLC 1800 Valley View Lane # 300 Farmers Branch, TX 75234 970.925.2855 80 SPRING ST 1 292 1 ASPEN, CO 8- 970.925.2B55 I BENDONADAMS.COM Exhibit rJ 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 Afomey representing the property owner. Property Name: Mehrdad Moayedi, Manager; CADG Aspen Holdings LLC _. Owner(17 Email: kayzafar@gmailcom Phone No.: 97p,g25.2855 Address of Lot #4, fox Crossing Subdivision Pro( ubjeecctrtof 533 Race Alley application) Aspen, CG 81611 I certify as follows: (pick one) ❑ This property is not subject to a homeowners association or other form of private covenant. ❑ 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. (ff' 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. 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. I understand that this document Is a public document. .. Ownersignaturs: _ �/ date: dune 8, 2018 Owner printed name: Mehrdad Moayedi, Manager; CADG Aspen Holdings LLC or, Attorney signature: date: Attorney printed name: _ �oVefnbe`t2077, - �<,6tyoEAspQri'f 305-galena, `i(97o)420S090 Agreement to Pay Application Fees n agreement between the City of Aspen(" Property Owner ("I"): CADG Aspen Holdings LLC Address of 553 Race Alley Property: Fox Crossing Lot #4 (Subject of Aspen, CO 81611 - ZoI5,A5 Phone No.: 970.925.2855 Email: kayzafar@gmail.com Billing Mehrdad Moayedi Address: CADG Aspen Holdings LLC (send bills here) 1800 Valley View Lane # 300 Exhibit 6 rya I understand that the City has adopted, via Ordinance No., Series of 2011, review fees for Land Use applications and 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. $. flat fee for $, flat fee for $. flat fee for $. 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. I 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 no -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 and 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. $ $650.00 ✓ depositfor 2 hours of Community Development Department staff time. Additional time above the deposit amount will be billed at $325.00 per hour. $ $325.00 f deposit for 1 hours of Engineering Department staff time. Additional time above the deposit amount will be billed at $325,00 per hour City of Aspen: Jessica Garrow, AICP Community Development Director City Use: Fees Due: $_Received $ Property Owner: ,� J J� Name: Mehrdad Moayedi Title: GADG Aspen Holdings LLC Nter'jlt ZD1�' ".-" _ �.Gity i+f A�ien� 130 5. ! i�alefta Se 1(�705 g�0"=05Q. WAAS CAMPBELL RIVERA JOHNSON &VELASQUEZo June 12, 2018 City of Aspen Community Development Dept. 130 South Galena Street Aspen, CO 81611 Re: Proof of Ownership for Lot 4, Fox Crossing Subdivision Community Development Department: Exhibit % J. Bart Johnson 970.544.4602 johnson@wcrlegal.com I am licensed to practice law by the State of Colorado. By this letter, I am confirming that the following described property is owned in fee simple by CADG Aspen Holdings, LLC, a Texas limited liability company: LOT 4, FOX CROSSING SUBDIVISION, ACCORDING TO THE PLAT THEREOF RECORDED JUNE 20, 2005 IN PLAT BOOK 74 AT PAGE 17, COUNTY OF PITKIN, STATE OF COLORADO. The recorded title matters and encumbrances affecting such property are listed on Exhibit A attached to this letter. Such matters include a Deed of Trust, Security Agreement, Assignment of Rents, and Fixture Filing granted for the benefit of CGS Holdings, L.P., a Delaware limited partnership. Sincerely, L/ J. Bart Johnson for WAAS CAWBELL RIVERA JOHNSON & VELASQUEZ LLP cc: CADG Aspen Holdings, LLC Chris Bendon Ryan Doreumus 1350 SEVENTEENTH STREET SUITE 450 DENVER COLORADO 80202 �'.. m 720-351-4700 r 720-351-4745 420 EAST MAIN STREET SUITE 210 ASPEN COLORADO 81611 14970-544-7006 r 866-492-0361 WCRLEGAL.COM 12. Terms, conditions, provisions. obligations and an matters as set forth in Resolution of the Aspen Historic Preservation Commission recorded December 27, 2013 as Reception No. 606828 as Resolution No. 35-2013. 13. Terms, conditions, provisions and obligations as set forth in Affordable Housing Impact Fee Deferral Agreement recorded June 5, 2007 as Reception No. 538577. 14. Terms, conditions, provisions, obligations and all matters as set forth in Resolution of the Aspen Historic Preservation Commission recorded September 5, 2014 as Reception No. 613269 as Resolution No. 24-2014. 15. Deed of Trust, Security Agreement, Assignment of Rents, and Fixture Filing recorded May 26, 2017 as Reception No. 638643. 16. Notice of Approval recorded October 30, 2017 as Reception No. 642666. Exhibit A � C} .�5w Fga°"�. Gifi'sonq�e �iyl e�j �E g� P" ' i 4 ` '4a 9)h Denver Sanctuary 3 t min ( b ` l J `s rm M1 M1 Exhibit 9 HISTORIC TOPOGRAPHY CERTIFICATION LETTER To whom it may concern, Please accept this report in response to your request to examine the pre -development topography of Lot #4 within the Fox Crossing Subdivision located in Aspen, Colorado. Your request relates to the City of Aspen seeking an understanding of the "natural" grade of the site prior to development activity to be used as the basis for development measurements. I have performed an analysis of the site and offer the following findings: The site and its surrounding context show indirect effects of mining activity. A railroad spur accessing the Smuggler Mine, various waste rock and mining spoil dump sites, roadways, and development activities all potentially affected grades. Many of these activities have no or very limited documentation. High Country Engineering has prepared the attached analysis entitled "Historic Topography, Lot 4, Fox Crossing ". This analysis is an aggregation of two reliable and competent sources. The 1958 Aspen, Colorado, and Vicinity Topographic Map prepared by Falcon Air Maps of Denver, Colorado. The 1958 Falcon Air map is widely considered by local professionals to be the most reliable documented source of Aspen area topography prior to modern-day construction activities. This map pre -dates significant development, especially of lands outside of the Original Aspen Townsite. The second source used for this analysis is historical topographic analyses of adjacent sites previously reviewed and accepted by the City of Aspen. These sources provide professional corroboration and the ability to "tie" topographic information to the 1958 Falcon Air map and to actual site conditions. A potential third source would be an examination of soil boring data. Site borings could confirm a significant depth of overburden but without any subsurface organic layer. There is a possibility that past grading activity did not just merely fill-in the site, but, that previous activity exported substantial material from the site and more -recent activity returned material back to the site. In my professional assessment, the attached analysis provides a competent, rational assessment of "natural site conditions prior to development." The assessment is substantiated with relevant and reliable information available to professional land surveyors and avoids any and all unsubstantiated speculation concerning prior activities that may have affected grade. The assessment pre -dates development of the Hunter Creek Condominiums to the north and the Centennial Condominiums to the east which likely involved mass grading activities. The assessment utilizes the oldest known topographic land survey information available. I also offer that use of the HCE pre -development grade analysis results in a base -line property grade in context with neighboring properties. Use of this assessment will not result in a development aberration, a development dramatically out of synch with its surrounding context. I assume this is an important consideration to the City of Aspen and to surrounding property owners. High County Engineering is a full -service Civil Engineering and Land Surveying company with close to 30 years of experience focused on land surveying, civil engineering, and land development in the Aspen Area. I am a licensed Professional Land Surveyor (Colorado PLS #23875) and to the best of my knowledge, information and belief state that this report is a valid assessment of the "pre - development" condition of Fax Crossing Subdivision Lot #4 . Please contact me if any further explanation of this pre -development grade assessment is necessary or appropriate to provide. CITY OF ASPEN CONTROL POINT #2 19 If - L FCHC,LLC I 0 SLOPES 01 1 mmeNxi wn.nss znx m!xs: el.aus J3+: 11.]IS 3 SITE BENCHMARK EL: 7930.95' FOUND REBAR & YELLOW PLASTIC HISTORIC LOT 4, FOX CROSSING SUBDIVISION & VACATION PLAT, SECTION 7, TOWNSHIP 10 SOUTH, RANGE 84 WEST OF THE GTH P.M. CITY OF ASPEN, COUNTY OF PITICIN, STATE OF COLORADO LOT 3 CADG ASPEN HOLDINGS, ' LLC Exhibit 1 — LEGEND ® 5uaw aw I. N=Z o vwlw vNwmrc mwYw ws New® = L CAP LS38215 — — — — — RIM:7929.68 EAST INV. 7922.08 RIM 7935.13 SOUTH INV:7922.08 8' WIDE PEDESTRAIN NORTH INV. 7932.73 o? RpU��ERs r CONC INV:792z10 / TRAIL EASEMENT EAST INV:7931.13 WEST INV 792' FOUND REBAR & ORANGE - 6 r FLAT BOOK 74 PAGE 17 ,80 CONC. INV: 792783 rl PLASTIC CAP L538215 / I (0.9' WTNESS.CORNER) 1 _ _ _ _ _ L _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ yCONCRETE "WALK < n d. S89o27'0711 • 91 3.02' �—s s—® d d ® 104LF 24" CPP (FIELD VERIFY) L;OT 4 i n 795 > 0:�65.7 ACRES± re 7 30.138 . % 03 ✓ z tom' / AD �o w 8' WDE PEDESTRAIN 1 1 i a A TRAILIEASEMENT l ,,•, PLAT BOOK 74 PAGE 17 RIM:7929 07 NORTH IN-V 7920,37„ SOUTH INV,7920.37 •`� FOUND REBAR & ALUMINUM CAP - 1.533545 / d ° n� i ppy % mw nr nmru GRAPHIC SCALE IN 1 Nd v 5 R N89020100"4ii 1-23.0 (BASIS OF BEARINGS) LOT 5 WINDOW �� _WHITE RIVER REAL ESTATE, WELL II II - LLC W NDOW I 26.3' WELL '— TBC:7935.75/ II I rn I TBC 9 17.3' l EO 7936.18 n MV4NDOW TBC: 7936.05 EXISTING BUILDING 23.7 1 it O =�0 x< m.10 ¢p �<u 0 30 �Uz mw ¢a 1 0 oQ EN0 z E a PROJECTNO, 2171531.00 IA .APEN MNPR LOT 8 PHO. on�T9vm�M SURVEYIMPROVEMENT AND TOPOGRAPHIC LOT 4, FOX CROSSING SUBDIVISION & VACATION PLAT, SECTION 7, TOWNSHIP 10 SOUTH, RANGE 84 WEST OF THE GTH P.M. CITY OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO GN6 APBI M«pN$ uG AWA.WW,MNN _ LOT 4 0.138 ACRES1 8012f S.F. 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