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HomeMy WebLinkAboutDraft GH Resolution_11.3.20Planning and Zoning Commission Resolution No. XX, Series 2020 Page 1 of 11 RESOLUTION NO. XX (SERIES OF 2020) A RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION FOR A PLANNED DEVELOPMENT DETAILED REVIEW, FINAL COMMERCIAL DESIGN REVIEW, SETBACK VARIANCE, AND SPECIAL REVIEW FOR A SITE SPECIFIC DEVELOPMENT PLAN FOR THE GORSUCH HAUS, A PROPERTY LOCATED AT THE BASE OF ASPEN MOUNTAIN AND 1A LIFT, ON THE EAST SIDE OF S. ASPEN STREET, COMPRISED OF FOUR PARCELS, CITY OF ASPEN, PITKIN COUNTY, COLORADO. Parcel IDs: 273513127001, 273513126001, 273513400028 WHEREAS, the Community Development Department received an application for the Gorsuch Haus lodge from Norway Island LLC, c/o Lowe Enterprises, Inc., 420 E. Main St., Aspen CO 81611 (applicant), where Aspen Skiing Company, PO Box 1248, Aspen CO 81612 is the owner of the property described in Exhibit C, represented by Design Workshop for the following land use review approvals: • Planned Development – Detailed Review, pursuant to Land Use Code Section 26.445. • Final Commercial Design Review, pursuant to Land Use Code Section 26.412. • Variance – Setbacks, pursuant to Land Use Code Section 26.314. • Special Review – Parking, pursuant to Land Use Code Section 26.515. WHEREAS, all code citation references are to the City of Aspen Land Use Code in effect on the day of initial application – March 29, 2016, as applicable to this Project; and, WHEREAS, during a duly noticed public hearing on July 5, 2016, July 19, 2016, August 16, 2016, and September 20, 2016, during which the Planning and Zoning Commission considered an application for Planned Development Project Review and associated reviews made a recommendation of denial of the initial 2016 application via Resolution 07, Series of 2016; and, WHEREAS, the City Council reviewed the initial Application at a duly noticed public hearing on December 12, 2016, February 13th, 2017, March 6th, 2017 and March 27, 2017 and tabled the application for further study of a revised Lift 1 Corridor alignment. At the conclusion of this study, an amended application was submitted in September 2018; and, WHEREAS, at a continued public hearing on January 7, 2019 the Aspen City Council adopted Resolution No. 2, Series of 2019, referring Ordinance No. 39, Series of 2016 to a vote of the electors of the City to grant approval with conditions for a Major Amendment to a Planned Development, Project Review, and related reviews for Subdivision, Exchange of City Land, Rezoning, Growth Management Quota System, Commercial Design, Timeshare Development, Transportation and Parking Management, Special Review, ESA – Mountain View Plane, and Vested Rights; and, WHEREAS, the revised design approved by Aspen City Council via of Ordinance No. 39 (Series of 2016), and referred to a public vote included:  81 lodge unit keys.  4 free-market residential units. Planning and Zoning Commission Resolution No. XX, Series 2020 Page 2 of 11  1 affordable housing unit.  7,730 square feet of net leasable commercial space.  56 parking spaces;  Relocation and replacement of the existing Lift 1A ski operations building to Lift One Lodge property;  Ski operations and ski infrastructure; and, WHEREAS, an application for Planned Development Detailed Review, Final Commercial Design Review, Special Review, and a Setback Variance was submitted in March, 2020; and, WHEREAS, the Community Development Department received referral comments on the Detailed Review application from the City Engineering, Building Department, Environmental Health Department, Parks Department, and the Aspen/Pitkin County Housing Authority as a result of the Development Review Committee meeting; and, WHEREAS, said referral agencies and the Aspen Community Development Department reviewed the proposed Application and recommended approval with conditions; and, WHEREAS, all required public noticing was provided as evidenced by an affidavit of public notice submitted to the record, enhanced public notice was provided by the applicant to meet the requirements of Land Use Code Section 26.304.035; and, WHEREAS, during a duly noticed public hearing on November 4, 2020, the Planning and Zoning Commission heard a summary of the Lift One Corridor project history, a summary of the requested reviews, the applicable review criteria, and the role of the Planning and Zoning Commission; and, WHEREAS, at a continued public hearing on November 17, 2020, the Planning and Zoning Commission approved Resolution XX, Series of 2020, by a ____ to ____ (__-__) vote granting Final Commercial Design approval, and Planned Development - Detailed Review approval, Special Review approval, and a Setback Variance with the recommended conditions of approval listed hereinafter. NOW, THEREFORE BE IT RESOLVED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF ASPEN, COLORADO THAT: Section 1: Approval A. Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the Planning and Commission hereby grants the Gorsuch Haus Planned Development – Detailed Review approval, Final Commercial Design Review approval, Special Review, and a Setback Variance, subject to the conditions of approval as listed herein. B. The Gorsuch Haus Planned Development is subject to all conditions of approval, rights, obligations, and responsibilities as described in City Council Ordinance No. 39, Series of 2016, unless amended by this Resolution. Section 2: Dimensions A. Dimensional limitations were approved in Ordinance 39, Series 2016, are unchanged by this Resolution. The approved dimensions are attached hereto as Exhibit B. The project is subject to Planning and Zoning Commission Resolution No. XX, Series 2020 Page 3 of 11 all conditions contained in Ordinance No. 39, Series of 2016, including Section 7. Unless specifically addressed in the Planned Development Approvals or subsequent amendments, the project is subject to dimensional limitations and dimensional calculation methodology contained in Land Use Code Section as set forth in March 29, 2016. B. Minor modifications of a technical nature to dimensional limitations that are a result of Building Code requirements or Engineering Design Standards may be approved administratively through an Insubstantial Planned Development Amendment. C. Minor modifications to the lot configurations of Lot 1 and Lot 2, as depicted in Exhibit A, are approved with no increase in Lot size of Lot 1. Section 3: Public Amenity Spaces A total of 11,136 sq. ft. (minimum 25%) of public amenity space shall be on the property. These spaces shall meet all requirements of Ordinance 39, Series 2016. Access to the public amenity spaces shall be memorialized using public access easement and depicted in the Subdivision and Condominiumization Plats. Section 4: Materials The materials as represented at the November 4, 2020 P&Z meeting, and attached as Exhibit A, are approved. Depending on the nature of the changes, minor changes to the exterior material palate may be approved either during the building permit review or through an Insubstantial Planned Development Amendment at the discretion of the Community Development Director. Section 5: Setback Variance The utility equipment enclosure on the east side of the property if approved to be within the setback as depicted in Exhibit A. The enclosure shall not exceed 14’9” in height on the northern façade of the enclosure. The remaining enclosure shall not exceed a finished floor elevation that extends above the elevation of the adjacent exterior patio. Minor changes in grade may be permitted south of the front most wall of that enclosure. Minor modifications to the height or square footage of the enclosure may be approved through and Insubstantial Planned Development Amendment (Section 26.445.110) to accommodate required equipment that is the minimum size necessary to serve its function. The enclosure is subject to all applicable sections of 26.575.020 – Miscellaneous Calculations, including but not limited to floor area calculations, as applicable and to be determined during the building permit review. Section 6: Special Review - Parking: A. Special Review approval is granted to allow for 14 compact parking spaces and 30 tandem parking spaces. Any changes to the parking configuration that increases the number of compact spaces or number of stacked tandem parking spaces will require additional review pursuant to Section 26.445. Minor changes of a technical nature, such as changes to accommodate building code requirements, may be approved during the building permit review process. B. The compact spaces shall measure no less than 8’x 16’ with 7’ of overhead clearance. C. A Parking Operation plan is required to be addressed in the Subdivision and PD Development Agreements with direction on how the tandem parking spaces will be managed and how access to the free market and affordable housing unit parking spaces will be provided. Section 7: Use Representations: Planning and Zoning Commission Resolution No. XX, Series 2020 Page 4 of 11 During the Planned Development land use review process the Applicant has represented the Spa will be available to Lodge Guests only and is not open to the public. If at any point during the building permit review process, or during the operation of the lodge after completion of the project, it is determined the Spa is available for public use, additional review will be required. Affordable Housing Mitigation for Commercial Net Leasable Space may be required according to Section 26.470 – Growth Management Quota System, as amended from time to time. Section 8: Affordable Housing Mitigation: The following calculations are based in the Land Use Code in effect at the time of application, March 29th, 2016. The calculations below are based on updated drawings provided in the Detailed Review Application. Final calculations will be conducted and confirmed prior to building permit issuance. A. Gorsuch Haus Mitigation Lodge Use 12.83 FTEs Free Market Residential Use 4.64 FTE mitigation Commercial Use 8.85 FTE Commercial mitigation requirement Sub Total 26.32, Category 4 Total Required Mitigation w/ Employee Generation Review 21.68 FTE, Category 4 Section 9: Parks Department: A. The project shall comply with Title 13 of the Municipal Code and all conditions outlined in Ordinance No. 39, Series of 2016. A final landscaping plan shall be approved by the City of Aspen Parks Department prior to building permit issuance. B. The project is subject to the Water Efficient Landscaping Ordinance. Approval by the City of Aspen Parks Department is required prior to building permit submission. Section 10: Engineering Department: The Applicant’s design shall be compliant with all sections of the City of Aspen Municipal Code, Title 21 and all construction and excavation standards published by the Engineering Department. All conditions of Ordinance No. 39, Series of 2016 must be met including all conditions that must be met prior to building permit issuance, throughout construction of the project, and after issuance of a Certificate of Occupancy. A. Construction Management Plan: The Applicant shall work with the Engineering Department to ensure the final Construction Management Plan meets all City requirements. B. Snow Storage: An adequate snow storage plan shall be approved prior to building permit issuance. The snow storage plan shall accommodate snow storage and removal on site that is a result of S. Aspen Street snow removal and maintenance along S Aspen St. All snow shedding requirements as outlined in Ordinance No. 39, Series of 2016 shall be met. C. Right-of-Way: The Applicant shall provide a grading and drainage infrastructure plan for any improvements in the S. Aspen ROW that which meets Engineering’s Design and maintenance requirements. All ice damning concerns and drainage requirements shall be met prior to building permit issuance. Any Maintenance responsibilities of infrastructure in the ROW, including but not limited to snow melted concrete, retaining walls, catch basins, swales, storm pipes and their Planning and Zoning Commission Resolution No. XX, Series 2020 Page 5 of 11 associated permanent revocable encroachment licenses shall be addressed prior to recording the Subdivision and Development Agreement. D. Temporary Encroachments: All temporary uses and work within the ROW that are subject to ROW leases shall be subject to applicable fees as outlined in Section 21.12.140 of the City of Aspen Municipal Code. This requirement shall be memorialized in the Development Agreement. E. Mudflow: The project will be required to adequately mitigate mudflow hazards. Compliance is required prior to building permit issuance. F. Further vetting at building permit is required in regard to ice damning at the interface of snowmelt and non-snowmelt in the ROW. Including options such as grooves in the pavement, kwik bond polymers, applying salt, magnesium chloride, or sand and/or manual removal of the ice in critical locations. The final design of the cul-de-sac to include snowmelt system and surface treatment will be further coordinated with City Engineering as the design progresses with final designs being provided in support of any future right-of-way/building permit applications. Until a design is agreed upon, no snowmelt in the ROW is approved. Language in the Subdivision Agreement should state that Gorsuch Haus will be responsible for any ice damning mitigation and it will not be the City’s responsibility to maintain the interface to keep it safe for vehicles. G. The Development Agreement shall speak to the timing and phasing requirements of all public infrastructure including but not limited to water main lines, electric primary, sidewalks, and cul- de-sac. Section 11: Building Project shall meet all requirements outlined in Ordinance No. 39, Series of 2016 and is subject to the adopted Building Codes in place at the time of building permit submittal. Section 12: Aspen Consolidated Sanitation District Requirements: The proposed development must meet all conditions of Ordinance No. 39, Series of 2016 prior to building permit issuance. Section 13: Environmental Health Department: A. All conditions of Ordinance No. 39, Series of 2016 and Title 12 and Title 13 of the Aspen Municipal Code must be met. B. Appropriate sizing of the trash utility enclosure, delineation of clearance of the waste enclosure, and clarity on co-location of trash and utilities to ensure adequate room is provided will be confirmed prior to building permit issuance. Section 14: Prior to Building Permit Issuance: A. In accordance with Section 26.490.060.A, Proof of Financing, before the issuance of a building permit for the development of any parcel, and as a condition of such approval, owner shall provide to the City Building Department and City Attorney for review and approval, satisfactory evidence that owner has in place sufficient financing to accomplish and complete the construction of the development of the project covered by the building permit and any public improvements identified within an improvements agreement and required under this ordinance; provided, if there is no loan with respect to development of the project, then owner shall provide a letter from a financial institution stating that the owner has funds available in an amount that covers the estimated cost of construction for the development. Such financing may include without limitation, a construction loan from an institutional lender or lenders and equity capital investments and/or Planning and Zoning Commission Resolution No. XX, Series 2020 Page 6 of 11 donations from owner or third-party investors or contributors. In addition, before issuance of a building permit for the project, owner shall provide supporting cost estimates for all improvements covered by the requested building permit prepared by owner’s general contractor for review and approval by the City of Aspen Building Department. Section 15: Prior to Issuance of a Certificate of Occupancy: The timing requirement for the submission of the Condominium Map, below, are subject to the requirements of this Resolution and supersede the requirements established by Ordinance No. 39, Series of 2016. A. In accordance with Section 26.590, Timeshare, the Applicant shall incorporate the requirements and restrictions of the City’s Timeshare Regulations, as applicable, into the final timeshare instruments, including: 1. State requirements, 2. Owner occupancy limitations and disclosure of the public rental requirement, 3. Provisions for reserve funds for ongoing maintenance, 4. Prohibited practices and uses, 5. Limits on marketing techniques, 6. A prohibition against long-term storage of owner vehicles, and 7. Prohibitions on offering non-Aspen gifts within a marketing plan. B. A Condominium Map shall be completed for the development in accordance with Section 26.480.050(A), Condominiumization. The Condominium Map shall depict all easements, including a public access easement to the roof top public amenity space. Parking assigned to the Free-market units, Affordable Housing Unit, and any other designated parking should be identified in the condo map. C. The City and the Applicant understand and acknowledge that functional operation of the Lift 1 Corridor requires that SkiCo undertake certain maintenance and operational activities, including snow making, snow grooming, lift maintenance, load in and load out for special events and mountain operations, outside of operational hours, including during early morning, evening, and night time hours throughout the Lift 1 Corridor. An operational plan shall be approved by the City of Aspen Environmental Health Department (others?) prior to issuance of a Certificate of Occupancy. D. An operation, programing, and noise agreement shall be approved by the City of Aspen Community Development and Environmental Health Department for the roof top deck and associated activities prior to issuance of a Certificate of Occupancy. Section 16: Outdoor Lighting and Signage: All outdoor lighting and shall meet the requirements of the Aspen Municipal Code. All Signage shall meet the requirements of the Land Use Code. A Master Sign Plan may be approved by the Community Development Director to establish a specific sign plan for the Lodge and Commercial Uses in accordance with Section 26.445.110.A - Insubstantial Planned Development Amendments. Section 17: South Aspen Street Improvements; Planning and Zoning Commission Resolution No. XX, Series 2020 Page 7 of 11 The proposed design of the cul-de-sac at the terminus to Aspen Street was reviewed by the Engineering Department and Aspen Fire Department. The Aspen Fire Department recommended approval and will confirm design prior to building permit issuance. The City of Aspen Engineering Department has provided a recommendation of approval with conditions. The Applicant will continue to coordinate with the Engineering Department to meet the Engineering Design Requirements and Maintenance Agreement through the Subdivision and Development Agreements approval process and prior to Building Permit issuance. Section 18: Fire Mitigation: The project will be subject to all adopted Fire Code requirements in effect at the time of building permit submission and shall show compliance prior to issuance of a building permit. Section 19: Vested Rights Vested Rights for this project are subject to all rights, obligations, and responsibilities set forth in Ordinance 39, Series of 2016. Section 20: 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 Community Development Department, the Planning and Zoning Commission, or the Aspen 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 other specific conditions or an authorized authority. Section 21: This Resolution shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 22: 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. FINALLY, adopted, passed and approved this 17th day of November, 2020. Approved as to form: Approved as to content: __________________________ ______________________________ Katharine Johnson, Assistant City Attorney Spencer McKnight, Chair Attest: _______________________________ Cindy Klob, Records Manager Attachments: Planning and Zoning Commission Resolution No. XX, Series 2020 Page 8 of 11 Exhibit A – Site Plan, Elevations, and Materials Exhibit B - Dimensional Standards Exhibit C – Legal Description Exhibit B: Dimensional standards Planning and Zoning Commission Resolution No. XX, Series 2020 Page 9 of 11 Dimensions Lodge Zoning Minimum lot size 44,545 (Lot 1) Minimum net lot area per dwelling unit NA Minimum lot width +/- 60 ft. Front yard 5 ft. Side yard 5 ft. Rear yard 5 ft. Maximum height 40 ft. Floor area 64,023 sq. ft. Lodging floor area 42,077 sq. ft. Commercial floor area 7,730 sq. ft. Multi-family floor area 8,633 sq. ft. Affordable housing floor area 1-1 bedroom unit. 730 sq. ft. Maximum multi-family size cap 4 units. 1,500 sq. ft./per unit. Up to 2,000 sq. ft./per unit via use of TDR’s Minimum off-street parking spaces Lodge 81 keys = 41 spaces Residential 4 units = 4 spaces Commercial 7,730 sq. ft. = 7.7 spaces Public Amenity Space Minimum of 11,136 sq. ft. Planning and Zoning Commission Resolution No. XX, Series 2020 Page 10 of 11 Exhibit C – Legal description The legal descriptions are as follows: PARCEL 1: LOTS 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13 AND 14, BLOCK 10, EAMES ADDITION TO THE CITY OF ASPEN PARCEL 2: LOTS 1, 2, 3, 4, 5, 6 AND 7, BLOCK 12, EAMES ADDITION TO THE CITY OF ASPEN PARCEL 3: A PARCEL OF LAND BEING A PORTION OF THAT PROPERTY DESCRIBED IN THE DOCUMENT RECORDED JULY 15, 1985 AS RECEPTION NO. 156038 IN BOOK 270 AT PAGE 21 OF THE PITKIN COUNTY RECORDS AND THAT PROPERTY DESCRIBED IN THE DOCUMENT RECORDED JULY 13, 1971 AS RECEPTION NO. 146439 IN BOOK 256 AT PAGE 506; SAID PARCEL OF LAND ALSO BEING SITUATED IN GOVERNMENT LOT 1 IN SECTION 13, TOWNSHIP 10 SOUTH, RANGE 85 WEST OF THE SIXTH PRINCIPAL MERIDIAN; SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE EASTERLY BOUNDARY LINE OF BLOCK 10 EAMES ADDITION TO THE CITY OF ASPEN, WHENCE THE NORTHEAST CORNER OF LOT 7 OF SAID BLOCK 10 BEARS N.15°46'58"E. A DISTANCE OF 41.96 FEET; SAID POINT ALSO BEING THE SOUTHWEST CORNER OF CARIBOU CONDOMINIUMS, ACCORDING TO THE MAP THEREOF RECORDED APRIL 24, 1973 IN PLAT BOOK 4 AT PAGE 379; THENCE S.70°03'10"E. ALONG THE SOUTHERLY BOUNDARY LINE OF SAID CARIBOU CONDOMINIUMS A DISTANCE OF 1.01 FEET TO THE NORTHWEST CORNER OF MOUNTAIN QUEEN CONDOMINIUMS, ACCORDING TO THE MAP THEREOF RECORDED SEPTEMBER 27, 1974 IN PLAT BOOK 4 AT PAGE 489; THENCE LEAVING SAID SOUTHERLY BOUNDARY LINE OF SAID CARIBOU CONDOMINIUMS S.11°25'30"E. ALONG THE WESTERLY BOUNDARY LINE OF SAID MOUNTAIN QUEEN CONDOMINIUMS A DISTANCE OF 110.77 FEET TO A POINT ON THE SOUTH LINE OF SAID GOVERNMENT LOT 1; THENCE LEAVING SAID WESTERLY BOUNDARY LINE OF SAID MOUNTAIN QUEEN CONDOMINIUMS S.89°55'06"W. ALONG SAID SOUTH LINE OF SAID GOVERNMENT LOT 1 A DISTANCE OF 53.70 FEET TO A POINT ON THE EASTERLY BOUNDARY LINE OF BLOCK 12 EAMES ADDITION TO THE CITY OF ASPEN; THENCE LEAVING SAID SOUTH LINE OF SAID GOVERNMENT LOT 1 N.15°46'58"E. ALONG THE EASTERLY BOUNDARY LINE OF SAID BLOCK 12 EAMES ADDITION A DISTANCE OF 5.21 FEET TO THE NORTHEAST CORNER OF SAID BLOCK 12 EAMES ADDITION, SAID POINT ALSO BEING THE SOUTHEAST CORNER OF SUMMIT STREET RIGHT OF WAY; THENCE CONTINUING N.15°46'58"E. ALONG THE EASTERLY LINE OF SAID RIGHT OF WAY A DISTANCE OF 20.00 FEET TO THE SOUTHEAST CORNER OF SAID BLOCK 10 EAMES ADDITION; THENCE CONTINUING N.15°46'58"E. ALONG THE EASTERLY BOUNDARY LINE OF SAID BLOCK 10 EAMES ADDITION A DISTANCE OF 88.05 FEET TO THE POINT OF BEGINNING. SAID PARCEL OF LAND CONTAINING 2,973 SQUARE FEET OR 0.068 ACRES, MORE OR LESS. PARCEL 4: A PARCEL OF LAND BEING A PORTION OF THAT PROPERTY DESCRIBED IN THE DOCUMENT RECORDED DECEMBER 19, 1946 AS RECEPTION NO. 094502 OF THE PITKIN COUNTY RECORDS; SAID PARCEL OF LAND ALSO BEING SITUATED IN GOVERNMENT LOT 31 IN SECTION 13, TOWNSHIP 10 SOUTH, RANGE 85 WEST OF THE SIXTH PRINCIPAL MERIDIAN AS DESCRIBED BY THE DEPENDENT RESURVEY AND SURVEY PLAT OF TOWNSHIP 10 SOUTH, RANGE 85 WEST, OF THE SIXTH PRINCIPAL MERIDIAN, FILED MAY 30, 1980 IN THE UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF LAND MANAGEMENT OFFICE IN DENVER, COLORADO ("BLM PLAT"); SAID PARCEL OF LAND IS LOCATED ENTIRELY WITHIN THE CITY LIMITS OF THE CITY OF ASPEN AND IS MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE WESTERLY BOUNDARY LINE OF MOUNTAIN QUEEN CONDOMINIUMS, ACCORDING TO THE MAP THEREOF RECORDED SEPTEMBER 27, 1974 IN PLAT BOOK 4 AT PAGE 489, WHENCE THE NORTHWEST CORNER OF SAID MOUNTAIN QUEEN CONDOMINIUMS BEARS N.11°25'30"W. A DISTANCE OF 110.77 FEET; THENCE S.11°25'30"E. ALONG SAID WESTERLY BOUNDARY LINE OF MOUNTAIN QUEEN CONDOMINIUMS A DISTANCE OF 197.75 FEET; THENCE CONTINUING ALONG SAID WESTERLY BOUNDARY LINE S.45°00'00"W. A DISTANCE OF 6.42 FEET TO THE SOUTHWEST CORNER OF SAID MOUNTAIN QUEEN Planning and Zoning Commission Resolution No. XX, Series 2020 Page 11 of 11 CONDOMINIUMS; THENCE LEAVING SAID WESTERLY BOUNDARY LINE S.45°00'00"W. ALONG THE EAST LINE OF SAID GOVERNMENT LOT 31 A DISTANCE OF 281.39 FEET TO A POINT ON THE SOUTHERLY BOUNDARY LINE OF THE SOUTH ANNEXATION TO THE CITY OF ASPEN, COLO, ACCORDING TO THE MAP THEREOF RECORDED MARCH 24, 1967 IN PLAT BOOK 3 AT PAGE 132; THENCE LEAVING SAID EAST LINE OF SAID GOVERNMENT LOT 31 N.70°37'00"W. ALONG THE SOUTHERLY BOUNDARY LINE OF SAID SOUTH ANNEXATION TO THE CITY OF ASPEN A DISTANCE OF 757.26 FEET TO A POINT ON THE WEST LINE OF SAID GOVERNMENT LOT 31; THENCE N.14°40'13"E. A DISTANCE OF 35.71 FEET TO THE SOUTHERLY MOST POINT OF GOVERNMENT LOT 38, ACCORDING TO SAID "BLM PLAT"; THENCE ALONG THE COMMON LINE BETWEEN SAID GOVERNMENT LOT 31 AND SAID GOVERNMENT LOT 38 THE FOLLOWING TWO (2) COURSES: 1) N.38°38'25"E. A DISTANCE OF 72.34 FEET 2) N.45°13'35"W. A DISTANCE OF 33.86 FEET; THENCE LEAVING THE EAST LINE OF SAID GOVERNMENT LOT 38, CONTINUING ALONG THE WEST LINE OF SAID GOVERNMENT LOT 31 N.14°42'57"E. A DISTANCE OF 30.93 FEET TO A POINT ON THE NORTH LINE OF THE SE1/4NE1/4 OF SECTION 13, ALSO BEING A POINT ON THE NORTH LINE OF SAID GOVERNMENT LOT 31; THENCE LEAVING SAID WEST LINE OF SAID GOVERNMENT LOT 31 N.89°55'06"E. ALONG THE NORTH LINE OF THE SE1/4NE1/4 OF SECTION 13, ALSO BEING THE NORTH LINE OF SAID GOVERNMENT LOT 31, A DISTANCE OF 598.23 FEET TO A POINT ON THE WESTERLY BOUNDARY LINE OF BLOCK 12, EAMES ADDITION TO THE CITY OF ASPEN THENCE LEAVING SAID NORTH LINES S.14°50'49"W. ALONG THE WESTERLY BOUNDARY LINE OF SAID BLOCK 12 EAMES ADDITION A DISTANCE OF 6.17 FEET TO THE SOUTHWEST CORNER OF SAID BLOCK 12 EAMES ADDITION; THENCE LEAVING SAID WESTERLY BOUNDARY LINE OF SAID BLOCK 12 EAMES ADDITION S.75°09'11"E. ALONG THE SOUTHERLY BOUNDARY LINE OF SAID BLOCK 12 EAMES ADDITIONS A DISTANCE OF 181.46 FEET TO THE SOUTHEAST CORNER OF SAID BLOCK 12 EAMES ADDITION; THENCE N.15°46'58"E. ALONG THE EASTERLY BOUNDARY LINE OF SAID BLOCK 12 EAMES ADDITION A DISTANCE OF 54.79 FEET TO A POINT ON SAID NORTH LINE OF SAID SE1/4NE1/4 OF SECTION 13, SAID POINT ALSO BEING A POINT ON THE NORTH LINE OF SAID GOVERNMENT LOT 31; THENCE LEAVING SAID EASTERLY BOUNDARY LINE OF SAID BLOCK 12 EAMES ADDITION N.89°55'06"E. ALONG THE NORTH LINE OF THE SE1/4NE1/4 OF SECTION 13, ALSO BEING THE NORTH LINE OF SAID GOVERNMENT LOT 31, A DISTANCE OF 53.70 FEET TO THE POINT OF BEGINNING. SAID PARCEL OF LAND CONTAINING 240,375 SQUARE FEET OR 5.518 ACRES, MORE OR LESS.