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Exhibit D_Full Land Use Application
Agreement to Pay Application Fees An agreement between the City of Aspen ("City") and Address of Property: 1175 DOOLITTLE CIRCLE, ASPEN Please type or print in all caps CASTLE RIDGE ASSOC LUIS MENENDEZ Property Owner Name: Representative Name(if different from Property owned: Billing Name and Address - Send Bills to: CASTLE RIDGE ASSOCIATES, CIO HILL MANAGEMENT CO. PO BOX 95, SAINT ANN, N Contact info for billing: e-mail: DHILLDJH@AOL.COM e: 314-423-6667 I understand that the City has adopted, via Ordinance No. 20, Series of 2020, 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, 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. $ 650 flat fee for PARKS $. flat fee for. $1 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 sent 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 processing my application at the hourly rates hereinafter stated. 1,300 4 $ deposit for hours of Community Development Department staff time. Additional time above the deposit amount will be billed at $325.00 per hour. 325 1 $ deposit for hours of Engineering Department staff time. Additional time above the deposit amount will be billed at $325.00 per hour. City of Aspen: 65 Phillip Supino, AICP Community Development Director City Use: Fees Due: $ Received $ Case # X,&_t"/.7 Signature: �.Vb^-z�� PRINT Name: DONNA HILL Title: PROPERTY MANAGER/OWNER CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT City of Aspen|130 S. Galena St.|(970) 920 5090 April 2020 LAND USE APPLICATION APPLICANT: REPRESENTIVATIVE: Description: Existing and Proposed Conditions Review: Administrative or Board Review Required Land Use Review(s): Growth Management Quota System (GMQS) required fields: Net Leasable square footage Lodge Pillows Free Market dwelling units Affordable Housing dwelling units Essential Public Facility square footage Have you included the following? FEES DUE: $ Pre-Application Conference Summary Signed Fee Agreement HOA Compliance form All items listed in checklist on PreApplication Conference Summary Name: Address: Phone#: email: Address: Phone #: email: Name: Project Name and Address: Parcel ID # (REQUIRED) CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT City of Aspen|130 S. Galena St.|(970) 920 5090 April 2020 DIMENSIONAL REQUIREMENTS FORM Complete only if required by the PreApplication checklist Project and Location Applicant: Zone District: Gross Lot Area: Net Lot Area: **Please refer to section 26.575.020 for information on how to calculate Net Lot Area Please fill out all relevant dimensions Single Family and Duplex Residential 1) Floor Area (square feet) 2) Maximum Height 3) Front Setback 4) Rear Setback 5) Side Setbacks 6) Combined Side Setbacks 7) % Site Coverage Existing Allowed Proposed Multi-family Residential 1)Number of Units 2)Parcel Density (see 26.710.090.C.10) 3)FAR (Floor Area Ratio) 4)Floor Area (square feet) Existing Allowed Proposed 8) Minimum distance between buildings Proposed % of demolition ϱͿ Maximum Height 6Ϳ Front Setback ϳͿ Rear Setback ϴͿ Side Setbacks Proposed % of demolition Commercial Proposed Use(s) Existing Allowed Proposed 1) FAR (Floor Area Ratio) 2) Floor Area (square feet) 3) Maximum Height 4) Off-Street Parking Spaces 5) Second Tier (square feet) 6) Pedestrian Amenity (square feet) Proposed % of demolition Existing non-conformities or encroachments: Variations requested: Lodge Additional Use(s) 1)FAR (Floor Area Ratio) 2)Floor Area (square feet) 3)Maximum Height 4)Free Market Residential(square feet) 4)Front setback 5)Rear setback 6)Side setbacks 7)Off-Street Parking Spaces 8)Pedestrian Amenity (square feet) Proposed % of demolition Existing Allowed Proposed Page 1 of 2 PRE-APPLICATION CONFERENCE SUMMARY DATE: April 17, 2020 PLANNER: Garrett Larimer 429.2739, Garrett.Larimer@CityofAspen.com PROJECT: Castle Ridge Apartments, 600 Doolittle Circle REPRESENTATIVE: Luis Menendez, LAM@menendezarchitects.com REQUEST: Insubstantial PD Amendment, 8040 Greenline Review DESCRIPTION: Three sidewalks need to be replaced that provide access to the 600 Building of the Castle Ridge Apartments. The topography requires various stairs throughout the sidewalk in order to comply with code requirements. The exterior stairs count toward the deck area of the lot per land use code Section 26.575.020. The property is zoned R-15a with a Planned Development (PD) overlay and is subject to 8040 Greenline review. The proposed stair replacement is subject to 8040 Greenline Review Exemption and an Insubstantial PD Amendment review. The applicant must identify the total square footage of all exterior stairs proposed. The applicant must also respond to the relevant review criteria in Section 26.435.030.B and 26.445.110.A. Below are links to the Land Use Application form and Land Use Code for your convenience: Land Use Code Land Use Application Relevant Land Use Code Sections: 26.304 Common Development Review Procedures 26.435.030.b 8040 Greenline Review, Exemption 26.445.110.a Planned Unit Development, Insubstantial Amendments 26.575.020 Misc. Calcs and Measurements Review by: Staff for complete application. Community Development Director for decision. Public Hearing: None Planning Fees: Planning Fees: $1,300 deposit for 4 hours of staff time. (Additional staff hours will be billed at $325 per hour, as needed) Referral Fees: Engineering Department - $325 deposit for 1 hour (additional time is billed at $325 per hour) Parks Department - $650 flat fee Total Deposit: $2,275 To apply, submit 1 copy of the following information: Completed Land Use Application and signed fee agreement. Pre-application Conference Summary (this document). 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. 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. HOA Compliance form (Attached to Application). Site improvement survey (no older than a year from submittal) including topography and vegetation showing the current status, certified by a registered land surveyor, licensed in the state of Colorado. 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. Written responses to applicable review criteria. If the copy is deemed complete by staff, the following items will then need to be submitted: Total deposit for review of the application. 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. ATTORNEYS `T'ITLE INSURANCE AGENCY OF ASPEN, LLC 715 WEST MAIN STREET, SUITE 202 ASPEN, COLORADO 8161 1 OWNERSHIP & ENCUMBRANCE REPORT This report is based on a search made of documents affecting the record title to the property described hereinafter, searched by legal description and by the names of the grantor or grantee. Consequently, the information as to record owner is taken from the most recent recorded Vesting Deed, and the information as to existing encumbrances reflects those documents of record which specifically described the subject property by legal description or which refer to the owner of the property which are filed by name only and do not include the legal description of the property. No information is furnished relative to easements, covenants, conditions and restrictions. This report does include the results of a search under the names of the property owner(s) in the general index. Liability of Attorneys Title Insurance Agency of Aspen, LLC under this Ownership and Encumbrance Report is limited to the fee received. Effective Date: June 2, 2015 Property Address: 1175 Doolittle Circle, Aspen, Colorado 81611 Schedule No: R010719 Parcel No: 273513201701 Taxes: Taxes for 2014 have been paid in full in the amount of. $27,456.12. Taxes for 2015 are not yet due or payable. Legal Description: Eight (8) apartment buildings, consisting of a total of eighty (80) apartment units, commonly known as the Castle Ridge Apartments, situate on real property in the City of Aspen, Colorado, which real property is more particularly described as follows: A tract of land situated in the NW 1/4 of the NW 1/4 of Section 13, Township 10 South, Range 85 West of the 6th P.M. more fully described as follows: Beginning at a point which is the common corner for Sections 11, 12, 13 and 14, Township 10 South, Range 85 West of the 6th P.M., thence S 00°03'40" E, 464.23 feet; thence S 89°52' E, 534.72 feet; thence N 2304P E, 730.07 feet to the true point of beginning; thence along the Southwesterly line of Castle Creek Road S 43 ° 1 T E, 111.14 feet; thence along the Southwesterly line of Castle Creek Road S 52046' E, 276.67 feet; thence along the Southwesterly line of Castle Creek Road S 44009' E, 150.70 feet; thence along the Southwesterly line of Castle Creek Road S 33°27' E, 181.00 feet; thence along the Southwesterly line of Castle Creek Road S 07001' E, 262.69 feet; thence S 40026109" W. 130.14 feet; thence N 85°52'36" W, 454.74 feet; thence N 35°16'22" W, 299.24 feet; thence N 36°22'38" E, 138.36 feet; thence N 32025'27" E, 71.07 feet; thence N 24034'05" E, 84.08 feet; thence N 09°53'57" E, 154.12 feet; thence N 01 ° 15'05" W, 190.11 feet to the true point of beginning, containing 8.317 acres more or less, Pitkin County, Colorado. TELEPHONE (970) 925-7328 - FACSIMILE (970) 925-7348 ATTORNEYS TITLE INSURANCE -AGENCY OF ASPEN, LLC 715 WEST MAIN STREET, SUITE 202 ASPEN, COLORADO 8161 1 Record Owner: Castle Ridge Associates, Ltd.; a Colorado limited partnership The following liens were found affecting the subject property: This property is currently free and clear. Title Insurance Agency of Aspen, LLC By',Winter Van 4*stine, Authorized Officer or Agent TELEPHONE (970) 925-7328 A - A FACSIMILE (970) 925-7348 Se pte mber 24 , 20 19 C ity of Aspe n Community Deve lopment De partment 13 0 S . G al e n a S tre e t Aspen , C O 81 6 11 Re: C a stl e Ri dge A partme nts (11 75 D oolittl e C ircl e, Aspe n) T o Who m It M ay Conce rn : Thi s le tte r serve s to a utho r ize o ur architec t , Mr. Lui s Menendez of M e n e n dez A rc hite c t s, to act o n o ur beh a lf reg arding the Land Us e a nd Building Pe rmit a ppli cati o n p rocess require d fo r the a pprova l of a ny w o rk , a t th e above refere nced prope rty. Mr. Menendez's contact information: Lui s M e nendez Me n e nde z Arch ite cts 7 15 W . M a in Stree t , Sui te I 0 4 As pe n, CO 81 6 11 Te le pho ne : 97 0-544 -1 874 E m a il : LAM@ Menend ezAr c h ite cts.com My contact information: Mrs. Do nn a Hill C astl e Rid g e Associate s LTD P .O . B ox 9 5 Sa int Ann, MO 63 0 74 Te le ph o n e : 3 14-423 -6667 Em a il : D HILLDJH @ a o l.com Pl ea se contact m e w it h a ny q ue sti o ns . S in cer e ly , {J)~;hL Do nn a Hi ll ADDRESS: PERMIT NUMBER : COMMUNITY DEVELOPMENT DEPARTMENT HOMEOWNER ASSOCIATION COMPLIANCE FORM Tl IE Cm Of Asl'EN All applications for a building perm it within the City of Aspen are requ ired to include a certification of compliance with applicable covenants and homeowner association policies . Th e certification must be signed by the property owner or attorney representing the property owner. Th e following certification shall accompany the ap plica tion for a permit. ADDRess 1175 Doolittle Circle UNIT# PARCEL ID# 27351 3201701 I, the pro perty owner, certify as follows : (pick one) ~ This property is not subject to a homeowners association or other form of private covenant . D This pro perty is subject to a homeowners associa tion or private covenant and the improvements proposed in this building permit do not re quire app ro val by t he homeowners association or covenant beneficiary. D This property is subject to a homeowners association or private cove nant and the improvements proposed in this building permit have been appro ved by the homeowners ass oc iation or covenant beneficiary. I understand the City of Aspen does not interpret, enforce, or manage the applicability, meaning, or effect of private covenant s or homeowner association rules or bylaws . I understand that this document i s a public document. Owner Signature _ ...... L._Q!"-..... ~'-'-----/k ___ _ Date 09-2 4-19 Owner Printed Name Donna Hill ---------~ OR Owner's Attorney Signature ------------Date ______ _ Owner's Attorney Printed Name ---------~ ( CITY OF ASPEN January2018 130 S. GALENA ST I ASPEN, CO 81611) 715 W. Main Street, Suite 104 Aspen, Colorado 81611 voice: 970.544.4851 email:LAM@MenendezArchitects.com March 25, 2021 Re: Castle Ridge Apartments Sidewalk Replacement Project (1175 Doolittle Circle, Aspen) Project Description Castle Ridge Apartments is an employee-housing complex consisting of eight, 2-story, residential buildings and one, 1-story, maintenance equipment storage shed. The project was originally approved as the Waterhouse Housing project and developed by the city of Aspen in 1980-1981. Excluding decks and exterior on-grade stairs, the total area of existing enclosed space is 64,251 square fee, consisting of eight residential buildings totaling approximately 63,928 square feet plus a maintenance shed of 988 square feet. The proposed project consists of removing the on-grade concrete walkways and stairs serving the 600 & 700 Buildings, that were constructed without a permit, and replacing them with new code-compliant on-grade concrete walkways and stairs as mandated by order of the Building Department. The replacement on-grade stairs count toward the deck area of the lot. Per the attached Pre-Application Conference Summary the proposed improvement project is subject to 8040 Greenline Review Exemption and Insubstantial PD Amendment review. 8040 Greenline Exemption Per Land Use Code Section 26.435.030.B projects are exempt from 8040 Greenline and may be reviewed administratively if all of the following standards are met: 1. The development does not add more than ten percent (10%) to the floor area of the existing structure or increase the total amount of square footage of areas of the structure that are exempt from floor area calculations by more than twenty- five percent (25%). Project meets the standard - the replacement walkway stairs total 425 square feet, which represents less than one percent of the existing floor area. 2. The development does not require the removal of any tree for which a permit would be required pursuant to Section 15.04.450 or the applicant received a permit pursuant to said Section. Project meets the standard - the project is designed to leave all existing trees in place. In the event that any of the existing trees require removal a tree removal permit will be obtained. 3. The development is located such that it is not affected by any geologic hazard and will not result in increased erosion and sedimentation. Project meets the standard - the replacement walkways are to be located in the same general location as the existing walkways. There are no geologic hazards in these locations and the replacement walkways should not result increased erosion and sedimentation since these are already developed and disturbed areas. 4. All exemptions are cumulative. Once a development reaches the totals specified in Subsection 26.435.030.B.1, and 8040 Greenline review must be obtained pursuant to Subsection 26.435.030.C. Project meets the standard – the only previous 8040 Greenline exemption for this property was for the 988 square foot shed that replaced previously existing sheds. 8040 Greenline Review Standards In addition to meeting the 8040 Greenline review exemption standards, the project meets all 8040 Greenline review standards listed in Section 26.435.030.C as follows: 1. The parcel on which the proposed development is to be located is suitable for development considering its slope, ground stability characteristics, including mine subsidence and the possibility of mudflow, rock falls and avalanche dangers. If the parcel is found to contain hazardous or toxic soils, the applicant shall stabilize and revegetate the soils or, where necessary, cause them to be removed from the site to a location acceptable to the City. Project complies with requirement – the parcel is already developed with 8 multi- family residential buildings, a shed and a significant amount of hardscape areas dedicated to walkways, road and parking. The replacement walkways are to be located where the existing walkways currently exist that serve the 600 and 700 buildings. There is no evidence of previous mudflows or rock falls and avalanche dangers in this location. The walkways are proposed to be located on a gently sloping part of the site. 2. The proposed development does not have a significant adverse effect on the natural watershed, runoff, drainage, soil erosion or have consequent effects of water pollution. Project complies with requirement – the project will not change the existing course of drainage. All drainage from the replacement walkways will continue to flow similarly to the existing walkways. The water will be conducted via grassy areas to the existing drainage. 3. The proposed development does not have a significant adverse affect on the air quality in the City. Project complies with requirement – the replacement walkways will not have any equipment that would contribute to air pollution and will not have a snowmelt system. 4. The design and location of any proposed development, road or trail is compatible with the terrain on the parcel on which the proposed development is to be located. Project complies with requirement – the replacement walkways follow the slope of the terrain and create a gentler and safer approach to the buildings than the walkways they will replace. 5. Any grading will minimize, to the extent practicable, disturbance to the terrain, vegetation and natural land features. Project complies with requirement – grading will be minimized to what is required to construct the proposed project. The project has been designed to preserve the existing trees. All disturbed soils will be reseeded. 6. The placement and clustering of structures will minimize the need for roads, limit cutting and grading, maintain open space and preserve the mountain as a scenic resource. Project complies with requirement – the proposed building will be located where the site already contains development. Grading will be limited to what is needed for the replacement walkways. No new roads or driveways will be necessary to access the walkways. 7. Building height and bulk will be minimized. Project complies with requirement – the proposed replacement walkways are on- grade. 8. Sufficient water pressure and other utilities are available to service the proposed development. Project complies with requirement – the replacement walkways do not require utilities or water. 9. Adequate roads are available to serve the proposed development and said roads can be properly maintained. Project complies with requirement – the proposed project will be located in an existing development that is served by Castle Creek Road. The walkways will be served by Doolittle Circle, which is the private road within the existing development and is maintained by the property owner. 10. Adequate ingress and egress is available to the proposed development so as to ensure adequate access for fire protection and snow removal equipment. Project complies with requirement – there is already adequate ingress and egress to the site, and to the location of the replacement walkways via Doolittle Circle for fire protection and snow removal. 11. The adopted regulatory plans of the Open Space and Trails Board are implemented in the proposed development, to the greatest extent practical. Project complies with requirement – not applicable. Insubstantial Amendments Per Section 26.445.110.A of the Land Use Code, the proposed project falls under the category of Insubstantial Amendment to a PD by meeting the required criteria as follows: 1. The request does not change the use or character of the development. Project meets the criteria – the replacement walkways will serve existing development without changing its use or character. The proposed work does not include any work to the existing buildings, only to the walkways. 2. The request is consistent with the conditions and representations in the project’s original approval, or otherwise represents an insubstantial change. Project meets the criteria – the original approval is not very detailed but the replacement walkways replace existing walkways. This is an insubstantial change to what has existed since the project was originally built. 3. The request does not require granting a variation from the project’s allowed use(s) and does not request an increase in the allowed height or floor area. Project meets the criteria – the replacement walkways do not change the allowed use and does not impac height. The original approval does not define a specific maximum floor area but the walkways replace existing stair floor area and only increases it, if at all, by an amount equal to less than one percent (1%) of the existing floor area. 4. Any proposed changes to the approved dimensional requirements are limited to a technical nature, respond to a design parameter that could not have been foreseen during the Project Review approval, are within dimensional tolerances stated in the Project Review, or otherwise represents an insubstantial change. Project meets the criteria – the original approval is not detailed with respect to dimensional requirements and the proposed improvement should be considered an insubstantial change that is necessary to safely and properly access the building they serve. This suggests that precise total floor area was not of concern and that certain flexibility in floor area was allowed for the project. Thus, further supporting that the proposed increase in area is insubstantial to the original approval. Given the type and the insubstantial nature of the proposed project we feel that it is a good candidate for an administrative review and that the added costs and time that would be required for a Planning and Zoning Commission and City Council review would represent an unnecessary hardship to the Owner of this employee housing project. UP 8050 8055 8 0 5 5 80 6 0 (64' W I D E R / W ) (64' W I D E R / W ) W W W W W ET C E X . W A T E R S E R V I C E EX. WATER MAIN E E EX. SEWER L I N E SS 1 SCALE: 1" = 10'-0" SITE PLAN - PROPOSED CONC. W A L K S W A L E 2 0 " C M P CONC . W A L K (GRAVEL ON HDPE PAVERS) SINGLE-STORY MAINTENANCE BUILDING EDGE ASPHALT 6" COTTONWOOD 6" COTTONWOOD 5" ASPEN 2-9"ASP 8"SPR 2-3"ASPN 14"ASP 5"SPR ROCK WALL F-HYD DUMPSTER LOCATION UTILITY PEDISTALS SEWER MANHOLE 64' P R I V A T E R O A D AND U T I L I T Y E A S E M E N T SEWER MANHOLE ELEC. TRANSFORMER DOO L I T T L E C I R C L E CONTOUR INTERVAL = 1 FEET (64' W I D E R / W ) (64' W I D E R / W ) (64' W I D E R / W ) (64' W I D E R / W ) 8051.66 CP 100 (PK NAIL) 100 DECK DECK 600 BUILDING 700 BUILDING 600 BUILDING WEST WALKWAY TOTAL STAIR AREA = 68 SF 600 BUILDING CENTER WALKWAY TOTAL STAIR AREA = 71 SF 600 BUILDING EAST WALKWAY TOTAL STAIR AREA = 89 SF 700 BUILDING WEST WALKWAY TOTAL STAIR AREA = 35 SF 700 BUILDING EAST WALKWAY TOTAL STAIR AREA = 162 SF 17 Sq ft 23 Sq ft 16 Sq ft 16 Sq ft 16 Sq ft 17 Sq ft 17 Sq ft 17 Sq ft 8 Sq ft 18 Sq ft 18 Sq ft 18 Sq ft 27 Sq ft 18 Sq ft 17 Sq ft 16 Sq ft 17 Sq ft 18 Sq ft 19 Sq ft 20 Sq ft 16 Sq ft 16 Sq ft 16 Sq ft 24 Sq ft 600 BUILDING WEST WALKWAY STAIRS 600 BUILDING CENTER WALKWAY STAIRS 600 BUILDING EAST WALKWAY STAIRS 700 BUILDING WEST WALKWAY STAIRS 68 SQ. FT. 71 SQ. FT. 89 SQ. FT. 35 SQ. FT. 700 BUILDING EAST WALKWAY STAIRS 162 SQ. FT. TOTAL WALKWAYS STAIR FLOOR AREA 425 SQ. FT. FLOOR AREA CALCULATIONS (REPLACEMENT WALKWAYS/STAIRS) PER DIRECTION FROM ZONING DEPARTMENT STAIR FLOOR AREA WAS CALCULATED BY ADDING THE AREA OF ALL OF TREADS ON EACH RUN OF STAIR AND ADDING AN ADDITIONAL TREAD DIMENSION AT THE BOTTOM AND TOP OF EACH STAIR RUN, SEE GRAY TONE ON DIAGRAMS BELOW S S CNC 8048.49 COR -940.42 15' S E W E R E A S E M E N T C CASTLE RIDGE APTS. WALKWAYS REPLACEMENT 1175 DOOLITTLE CIRCLE Project: FLOOR AREA CALCULATIONS Z-001 715 W. Main Street, Suite 104 Aspen, Colorado 81611 voice: 970.544.4851 email: LAM@MenendezArchitects.com Sheet number: Sheet title: Print Date:Drawn By: LM3/25/21 © 2019 Menendez Architects P.C. Building Dept.: Project: Issue:Date: 03-25-21 Revision:Date:#: LU APP