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HomeMy WebLinkAboutLand Use Case.CU.570 Riverside Dr.A101-96570 �,\/RVst cue 'DV 2737-181-00-019 A101-96 Win -River Conditional Use for ADU & Stream Margin Review H ti 11 CASELW SUMMARY SHEET - CITY OF A'JOT DATE RECEIVED: 12/27/96 DATE COMPLETE: PARCEL ID # PROJECT NAME Project Address: APPLICANT: 2737-181-00-019 CASE # A 101-96 STAFF: AQa L- tekTm MI-M* 410ts Win -River Conditional Use for ADU & Stream Margin Review 570 & 58CS. Riverside e WinWin LLC Address/Phone: 317 Park Avenue Aspen, CO 81611 920-1851 REPRESENTATIVE: William B. Campbell Architect P.C. Address/Phone: 175 Big Hat Road Basalt, CO 81621-9778 927-4425 RESPONSIBLE PARTY: Other Other Name/Address: Jai o t- dj tdo Yp I A+(fd FEES DUE FEES RECEIVED PLANNING $1050 PLANNING $1050 # APPS RECEIVED 15 PLANNING $235 PLANNING $235 # PLATS RECEIVED 15 ENGINEERING $105 ENGINEERING $105 GIS DISK RECEIVED: ENV HEALTH $0 ENV HEALTH $ CLERK $0 CLERK $ TYPE OF APPLICATION TOTAL $1390 TOTAL RCVD $1390 One Step REFERRALS: ❑ City Attorney JK City Engineer ❑ Zoning IgHousing ❑ Environmental Health J$( Parks DATE REFERRED: I ❑ Aspen Fire Marshal ❑ City Water ❑ City Electric ❑ Clean Air Board ❑ Open Space Board ❑ Other: INITIALS: F N ❑ CDOT ❑ ACSD ❑ Holy Cross Electric ❑ Rocky Mtn Natural Gas ❑ Aspen School District ❑ Other: DATE DUE:_ APPROVAL: eso # Date: SA�l! -7 Staff Approval Date: Plat Recorded: Book _,Page CLOSED/FILED DATE: INITIALS: 6l ROUTE TO: OCT. -07 97 (7111 15:50 LA0W r)FFICES TEL:303�. 0420 P. 001 TELEFACSIMILE COVER SHEET ALPERSTEIN & COVELL, P.C. A T T O R N E Y S A T L A W TELEPH 0bTE (1203) 694-8191 DONALD W. ALPERSTEIN CYNTHIA F. COALS, 6DWAS1 M. CASWALL SCCTT A.LARK BATE: TO: FROM: 2350 COLORADO STATE BANK RUILDING 1600 BROADWAY DENVER, COLORADO 60202-4923 October 7, 1997 David Hofer, Esq. City of Aspen Telefacsimile: (970) 920-5119 Cynthia F. Covell, Esq. SUWECT: Kastelic Subdivision Number of Pages Following This Cover Sheet: ORIGINAL MAILED ORIGINAL NOT MAILED Y FAX (303) 861-0420 ,'-l-l••l-l-l-;'-l-!-l-I-l-I-I-I-I-I-I-!-l-/-l-l-l-l-/-l-l-l-l-l-l-l-l-l-I-l-l-l-l-l-l-l-l-l-l-l-l-l-l-l-l-l-l-l-I-l-l-l-l-l-l-l-I-l-l- Dave: I apologize for the lateness of this fax. I thought we were amending a City Council resolution, not a P&Z. Kathryn Koch just set me straight, and advised that there is a P&Z meeting this evening. If you can present this,, I'd appreciate it. If it is too late, I certainly understand. The matter can. be put on the next meeting agenda. Thanks. Cindy Covell. l -1-l-!-l-l-l-l•-i-l-l-l-1 -1 -1 -l-l-1 -1 -l-1 -l-1 -l-1 •-l-1 -1 -.l -; -,'-1 -1 -1 - l -1 -1 -1 -1 -1 -1 -1 -1 -1 -1 -1 -1-!-1--1-1-1-1-1-1-1-1-1-1-1-1-1-!-l-1-1-1-1- IF YOU NEED A CONFII:I'viATIuN OR ANY OF THE PAGES RE -SENT PLEASE CALL OUR OFFICE AT (303) 894-8191 Ask for Sharon Miller IF YOU DO NOT CALL WE WILL ASSUME YOU HAVE RECEIVED THE PAGES SATISFACTORILY CONFIDENTIALITY NOTICE-; THE INFORMATION CONTAINED IN TH15 FACSIMILE COMMUNICATION IS ATTORNEY FR Ii WED AND CONFIDENTIAL INFORMATION. IT IS INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY NAMED ABOVE. IF YOU ARE NOT TILE INTPNDED RECIPIENT, YOU ARE NOTIFIED THAT ANY DISCLOSURE., COPYING, DISTRIBUTION OR USE OF 77ilS CONnAUNICATION IS STRICIIY PROiiIBITED. IF You HAVE RECEl'YED THIS COMMUNICATION IN ERROR, PLEASE NOTIFY US IMMEDIATELY BY TELEPHONE, AND RETURN THE ORIGINAL COMMUNICATION TO US AT THE ABOVE ADDRESS VIA UNITED STATES MAIL. THANK YOU. OCT. -0 7' 97 (TGE) 15 : 51 L�"�CFFICES TEL:307 1 1 0420 P. 002 TO FROM: RE: DATE: MEMORANDUM Aspen Planning and Zoning Commission Cindy Covell, Water Attorney Kastelic Subdivision/PUD October 7, 1997 Mir. Winnerman, who has applied for the Kastelic Subdivision/PUD, advised John Worcester that Condition of Approval No. 8 posed some problems. As originally drafted, the condition states, Unless a legal declaration of surface water rights from the ditch crossing the :Kastelic Subdivision/PUD lots can be produced, use of water from the ditch will not be permitted. However, this development cannot preclude delivery of water from the ditch to surrounding properties holding rights to the surface water. Development on both of the Kastelic Subdivision/PUD lots must comply with all City of Aspen Municipal Water and .Sanitation District requirements. Mr. Winnerman, on advice of counsel, noted that the requirement of "a legal declaration of surface water rights from the ditch" is confusing, as there is no such document. One can acquire the right to use water from a ditch in many different ways, and Mr. Winnerman contended that it was not the City's right to prevent Mr. Winnerman from using the ditch if he could not produce the "legal declaration" specified in Condition No. 8. Mr_ Winnerman is correct on this point_ The City is one of the owners of the Riverside Ditch, and as an owner has the right to know who else is an owner. The City ha: also offered to undertake operation and maintenance of this ditch on behalf of all those who own or use water from -the ditch, and to charge back the costs of this service. If the other owners agree to this proposal, the City will find out what right, if any, Mr. Winnerman has to take waiter from the ditch. If the other owners do not want the City to operate and maintain the ditch, the City's main concern will be to assure that the City gets its share of the Riverside Ditch delivered to the Snyder property. The owners will have to find someone else to do the operation and maintenance, and that person will have to find out what interest Mr. Winnerman has. If he has nothing, he won't be allowed to take water. I have redrafted Condition No. 8 to reflect the concern that there be no interference with the ditch as it crosses the Kastelic subdivision property. If this meets with your approval, I have prepared the attached resolution. If you wish to further refine the condition, please let me know if I can be of any additional assistance. • • ADDENDUM TO: Aspen Planning and Zoning Commission THRU: Julie Ann Woods, Community Development Deputy Directo FROM: Mitch Haas, Project Planner o RE: Win -River Conditional Use for JJJ�Two Accessory Dwelling Units - Public Hearing. 570 (Lot 1) and 580 (Lot 2) South Riverside Drive, City of Aspen; Parcel I.D. No. 2737-181-00-019. DATE: May 20, 1997 SUMMARY: Two subjects of discussion presented in the original staff memo regarding the proposed ADUs on the Kastelic Subdivision/PUD need to be corrected and/or clarified. These two subjects are the lack of a request for an FAR bonus, and the GMQS Exemption associated with this application/request. These two subjects affect the recommended conditions of approval; thus, staff is providing a new/replacement "Recommendation" section for the memo along with a new, corresponding "Recommended Motion." First, as the applicant is not requesting an FAR bonus in conjunction with the ADU requests, the units would not be required to be occupied. The combined floor areas of the primary residences and the ADUs, irrespective of any bonuses, will fall within the maximum allowable floor areas for the lots in question. The ADUs are still required to be deed restricted, meeting the housing authority's guidelines for resident occupied units, and shall be limited to rental periods of not less than six (6) months in duration. Owners of the principal residence shall have the right to place a qualified employee or employees of his/her choosing in the ADU. However, if the owners do not rent the ADUs, the Housing Department will not take the initiative of finding a qualified renter to occupy the units. Next, the original staff memo regarding this application stated that "by creating ADUs meeting the provisions of the Code, the applicant shall be granted a GMQS Exemption for the construction of a new single-family home on each of the two lots, provided the homes comply with the City Land Use Regulations." This is not completely correct. Rather, a GMQS exemption, in this case, is granted by the Community Development Director because the applicant will be replacing two existing single-family homes. That is, Section 26.100.050(2)(c) of the code provides a GMQS exemption for "the replacement after demolition of one or two detached residential units." By providing an ADU, the applicant qualifies for a single-family exemption on each of the two lots. • • RECOMMENDATION: Community Development staff recommends that the conditional use request for the proposed Accessory Dwelling Units at 570 (Lot 1) and 580 (Lot 2) South Riverside Drive (Parcel I.D. No. 2737-181-00-019) be approved subject to the following conditions: 1. All conditions placed on the subject property with the approval of the Stream Margin Review, as stipulated in Planning and Zoning Commission Resolution 97- 2, remain as conditions of this approval, including the requirement of placing silt fencing along the back (western) edge of the "no build zone," with no excavation or placement of fill to occur west of the fencing/edge of the "no build zone." 2. Prior to the issuance of any building permits the applicant shall: a) Verify with the Housing Office that the allowable floor area of each Accessory Dwelling Unit contains between 300 and 700 square feet; b) Verify with the Housing Office that each ADU will contain a kitchen having a minimum of a two -burner stove with oven, standard sink, and a 6-cubic foot refrigerator plus freezer; c) For each ADU, provide the Housing Office with signed and recorded Deed Restrictions, copies of which must be obtained from the Housing Office. These deed restrictions shall meet the housing authority's guidelines for resident occupied units, and shall be limited to rental periods of not less than six (6) months in duration. Owners of the principal residence shall have the right to place a qualified employee or employees of his/her choosing in the ADU; however, if the owners do not rent the ADUs, the Housing Department will not take the initiative of finding a qualified renter to occupy the units; d) Clearly identify each Accessory Dwelling Unit (ADU) on building permit plans as separate one -bedroom units complying with the 1994 UBC Sound Transmission Control guidelines; e) Provide a minimum of one off-street parking space for each ADU that shall be shown on the final plans; f) Install any new surface utilities requiring a pedestal or other above ground equipment on an easement provided by the property owner and not within the public rights -of -way. The building permit drawings must indicate all utility meter locations, and these locations must be accessible for reading and cannot be obstructed by trash storage; g) Locate any additional proposed construction in such a way that it does not encroach into an existing utility easement or public right-of-way; h) Agree to join any future improvement district(s) which may be formed for the purpose of constructing improvements in adjacent public rights -of -way; the agreement shall be executed and recorded concurrently upon approval of this application; i) The site development must meet the requirement of runoff design standards of the Land Use Code at Section 26.88.040(C)(4)(f), and the building permit application must include a drainage mitigation plan (full size - 24"x36") and a report, both signed and stamped by an engineer registered in the State of Colorado, submitted as part of the building and site plan. The plan must demonstrate that no drainage will be conveyed to the river bank; j) Obtain the Fire Marshal's approval of the site plan, including provision of adequate access, road grades, and turn -around for fire protection apparatus; k) File an application with the Parks Department for tree removal and tree relocation permits; 1) The applicant must file a fireplace/woodstove permit with the Environmental Health Department. Buildings may have two (2) gas log fireplaces or two (2) certified woodstoves (or 1 of each) and unlimited numbers of decorative gas fireplace appliances per building. New homes are not permitted to have wood burning fireplaces, nor may any heating device use coal as fuel; and, m) A fugitive dust control plan must be submitted to and approved by the Environmental Health Department. The plan must, as a minimum, address fencing, watering of haul roads and disturbed areas, daily cleaning of adjacent paved roads to remove mud that has been carried out, speed limits, or other measures necessary to prevent windblown dust from crossing the property line or causing a nuisance. 3. Prior to the issuance of a Certificate of Occupancy (CO), the applicant shall: a) Submit as -built drawings of the project showing property lines, building footprint, easements, any encroachments, entry points for utilities entering the property boundaries and any other improvements to the Aspen/Pitkin County Data Processing Department in accordance with City GIS requirements, if and when, any exterior renovation or remodeling of the property occurs that requires a building permit; b) Permit Community Development Department and Engineering staff to inspect the property to determine compliance with the conditions of approval; and, c) Schedule and complete an inspection of the units by the Housing Office. 4. The applicant shall consult with City departments regarding the following: a) City Engineering for approval of the proposed design of improvements, including landscaping, within public rights -of -way; b) Fire Department for provision of adequate turn -around, access road grades, and sprinklering needs. c) Parks Department for tree removal, tree relocation, landscaping, and selection of vegetative species; and, d) City Streets Department for mailboxes and street cuts; and, shall obtain permits for any work or development, including landscaping, within public rights -of -way. 5. Due to slope density reduction calculations, only a single-family home plus an accessory dwelling unit or building, is/will be permitted on each lot pursuant to both the Municipal Code for single-family homes in the R-15 zone district and the PUD Subdivision Agreement (recorded with the Pitkin County Clerk in Book 738, pages 75-77). 6. Prior to the issuance of any building permits, a review of any proposed changes from the approvals, as set forth herein, shall be made by the Planning and Engineering Departments, and if the Community Development Director deems it necessary, the Planning and Zoning Commission. 7. As requested, the off-street parking space for the ADU on Lot One will be permitted to extend beyond the southerly limits of the building envelope. 8. Prior to issuance of permits for the demolition of any structure(s) on Lot 1 or 2, asbestos testing/reports shall be completed by the applicant and approved by the Aspen/Pitkin Environmental Health Department. If there is any present, it will have to be removed properly, without getting into the air, and it must be taken to a landfill that accepts asbestos. 9. Unless a legal declaration of surface water rights from the ditch crossing the Kastelic Subdivision/PUD lots can be produced, use of water from the ditch will not be permitted. However, this development cannot preclude delivery of water from the ditch to surrounding properties holding rights to the surface water. Development on both of the Kastelic Subdivision/PUD lots must comply with all City of Aspen Municipal water and Sanitation District requirements. 10. Upon redevelopment of Lot 1 or Lot 2, by the demolition and replacement of the existing residential dwelling on such lot, the developer of such lot shall upgrade all utilities on such lot and locate them underground as required on such lot. 11. During construction, noise cannot exceed maximum permissible sound level standards, and construction cannot be done except between the hours of 7 a.m. and 10 p.m. 12. All trees that will be preserved, as indicated on the plans, must have construction or snow fencing placed around the perimeter of the drip line of the trees and no excavation or placement of fill shall occur within the dripline of any such tree. 13. All relocated trees must survive a minimum of two (2) years after transplanting. 14. All material representations made by the applicant in this application and during public meetings with the Planning and Zoning Commission shall be adhered to L-1 and shall be considered conditions of approval, unless otherwise amended by a Board/Commission having authority to do so. Staff also recommends approval of a variance from Residential Design Standard 26.58.040(A)(3) for Lot Two of the Kastelic Subdivision/PUD, finding that the proposed design more effectively addresses the issue or problem that the given standard responds to than would a design that incorporated a front -loaded garage set back ten (10) feet further from the street than is the rest of the house. RECOMMENDED MOTION: "I move to approve the conditional use request for the proposed Accessory Dwelling Units at 570 (Lot 1) and 580 (Lot 2) South Riverside Drive with the conditions outlined in the `Recommendation' section of the Addendum to the staff memorandum of May 20, 1997. I also move to grant a variance from Residential Design Standard 26.58.040(A)(3) for 580 S. Riverside Drive (Lot Two of the Kastelic Subdivision/PUD), finding that the proposed design more effectively addresses the issue or problem that the given standard responds to than would a design that incorporated a front -loaded garage set back ten (10) feet further from the street than is the rest of the house." ASPEN/PITKIN COMMUNITY DEVELOPMENT DEPARTMENT 130 South Galena Street Aspen, Colorado 81611 Phone (970) 920-5090 FAX (970) 920-5439 MEMORANDUM TO: City Engineer Housing Director Environmental Health Parks FROM: Mitch Haas, Planner RE: Kastelic Conditional Use for Tw (2) ADU's Parcel ID No. 2737-181-00-019 DATE: April 24, 1997 Attached for your review and comments is an application submitted by WinWin, LLC. Please return your comments to me as indicated on the attached Agency Referral Form. Thank you. CITY OF ASPEN COMMUNITY DEVELOPMENT DEPT. 130 S. Galena St. Aspen, CO 81611-1975 (970) 920-5090 AGENCY REFERRAL FORM The City of Aspen Community Development Dept. has received a land use request as highlighted below. Your comments are an important part of the evaluation process. In order to review all appropriate agency comments and incorporate them into the staff evaluation, your written comments are due back to this office on Parcel ID No.. - Case Number. A101 - 96 Date Sent: April 24, 1997 Hearing Date, _May 20 997" DRC Meeting Date: April 30. 1997 Engineering Referral Due to Planner; May 9, 1997 Other Referrals Due to Engineering: a 7 99 APPLICANTS PLEASE NOTEN Applicants or their representatives are encouraged to attend the DRC meeting to discuss the project. The DRC Meeting has been scheduled for Wednesday, _April 23 , 1997 at 10:30 am in the Sister Cities Room of City Hall. Planner: Mitch Haas Phone No. 920-5095 Fax No. (970)920-5439 Applicant: WinWin, LLC Phone No. Fax No. Representative: Bill Campbell Phone No. 927-4425 Fax No. 927-8561 Location of Property: 570 and 580 S. Riverside Ave. (Lots 1 and 2 of Kastelic Subdivision/PUD) Summary of Request: Conditional Use Review for Two (2) ADUs (One on each Lot) Residential Units: SF MF Affordable ADU: Attached (2) Acreage/Square Feet: Lot 1-30,616; Lot2-44,110 FAR Ratio Allowed: Lott-4347; Lot2-4856 FAR Proposed: Lot 1-4326; Lot 2-4811 Zoning: Existing: R-15 Proposed: R-15 REQUESTS TO BE PROCESSED Amendments Growth Management Q.S. Site Plan Review Text Exemption Special Review Map Residential/TounstAccom. Special, Planned Area (SPA) Administrative Review Office/commercial Subdivision Plat Insubstantial Historic Reviews Lot Line Adjustment Appeals Exemptions Lot Split -Change in Use Minor Condominiumization Conditional Use Conceptual Timeshare ADU Final Final Plat Other Landmark Temporary Use Environ. Sensitive Area Landmark Lot Split Variance Stream Margin Review Demolition/Relocation 8040 Gieeniine Review Significant w/SPA or PUD Exemption Ord. 30 Residential Review View Plane Review Planned Unit Development Exemption Conceptual Hallam Lake Bluff Final Exemption insubstantial Amendment SPECIAL ISSUES: Agency .Issues: Ord 30 review will be carried out by ComDev staff Insubstantial PUD Amend currently being processed to revise building envelopes (bldg envelopes shown on submitted plans reflect the proposed revisions) .1 • .7 MEMORANDUM To: Mitch Haas, Planner Thru: Nick Adeh, City Engineer From: Chuck Roth, Project Engineer OyE- Date: May 9, 1997 Re: Kastelic Conditional Use for Two ADU's (Parcel ID No. 2737-181-00-019) I have reviewed the above referenced application and have made a site inspection with staff from the Planning, Parks, and Fire departments, and I have the following comments: 1. Improvement and Topographic Survey - The application did not include a survey titled "improvement survey". The survey must also be titled "topographic" in order to confirm that the surveyor has performed a site specific topographic survey to edge of wet for the "top of slope" determination. 2. Trash & Utilities - All utility meters and any new utility pedestals or transformers must be installed on the applicant's property and not in the public right-of-way. For pedestals, easements must be provided. The building permit drawings must indicate all utility meter locations. Meter locations must be accessible for reading and may not be obstructed by trash storage. 3. Site Drainage - The site development must meet the requirement of runoff design standards of the Land Use Code at Sec. 26.88.040.C.4.f, and the building permit application must include a drainage mitigation plan (full size - 24"06") and a report, both signed and stamped by an engineer registered in the State of Colorado, submitted as part of the building and site plan. The plan must demonstrate that no drainage will be conveyed to the river bank. 4. Fire Marshal - The site plan must be revised to show a "hammerhead" shaped and adequately sized or other approved fire engine turn around area. There appears to be sufficient space at the southerly side of the parcel for such a turn area. 5. City Electric Department - The applicant should be required to install a street light if appropriate. • • 6. Aspen Consolidated Sanitation District- The applicant must comply with all Sanitation District requirements. 7. Work in the Public Right-of-way - Given the continuous problems of unapproved work and development in public rights -of -way adjacent to private property, we advise the applicant as follows: The applicant must receive approval from city engineering (920-5080) for design of improvements, including landscaping, within public rights -of -way, parks department (920-5120) for vegetation species and for public trail disturbance, and streets department (920-5130) for mailboxes , street and alley cuts, and shall obtain permits for any work or development, including landscaping, within public rights -of -way from the city community development department. M97.80 PI MA`i' 0 f ' 97 10 : ?4AM A5PE11I SOUSING CIF-C P . I • • MEMORANDUM TO: Mitch Haas, Community Development Department Chuck Roth, Engineering FROM: Cindy Christensen, Housing Office DATE: May 7, 1997 RE: Kastelic Conditional Use for Two Accessory Dwelling Units Parcel ID No. 2737-181-00-019 ISSUE: The applicant is requesting approval to construct two ADU's. According to the plans, the ADU's are to be located above detached garages for each single-family residence. RECOMMENDATION: Staff recommends approval as long as the following conditions are met: 1. The units fall within minimum arxi maximum square footage: Accessory dwelling unite shell contain not less than three hundred (3W) square feet of allowable floor area and not more than seven hundred (700) square foot of allowable floor area. The unit shall be deed reshfcted, meeting the housing auttrority's guidelines for resident occupied units and shall be limited to rental perfode of not loss than six (6) months in duration. Owners of the principal residence shall have the right to place a qualified employee or employees of his or her choosing in the accessory dwelling unit. 2. The kitchen falls within the following specifications: - For Accessory 17Nefiing Unkis and Gareraker Pw®lling Units., a mInlmum of a two -burner stove with oven, standard sink, and 8-cubic toot refrigerator plus heezer. 3. An accessory dwelling unit deed restriction shall be recorded prior to building permit approval (this form is provided by the Housing Office). 4, Inspection of the units by the Housing Office prior to Certificate of Occupancy. %mfur,aRw1nradu.197 0 0 EXHIBIT B Memorandum TO: Bob Nevins, City Planner THRU: George Robinson, Parks Director FR: John D. Krueger, Trails Supervisor/Parks Department DATE: January 15, 1997 RE: Win -River Accessory Dwelling Units -Conditional Use Parcel No. 2737-181-00-019 After review and investigation, the Parks Department offers the following comments on the Win - River application for an Accessory Dwelling Unit under the Municipal Code: 26.60.040 Standards Applicable to all conditional uses. A. The conditional use plan is consistent with the purposes, goals, objectives and standards of the Aspen Area Comprehensive Plan, and with the intent of the zone district in which it is proposed to be located; An accessory dwelling unit is consistent with the AACP. One of the important aspects of the AACP as referenced in the "Transportation" and "Recreation Action Plans ` is to implement the 1990 PED Plan. The Benedict River Trail is an important part of the PED Plan. It is also, shown on the AACP as a priority and a critical "missing link" in the trails system. The Parks Department urges the applicant to consider granting or sell a trail easement across the property to help the City meet the goals and objectives of completing the River Trail and Greenway system. F. The proposed conditional use complies with all additional standards imposed on it by the Aspen Area Comprehensive Plan and by all other applicable requirements of this title. See above. Trail development is an important part of the AACP vision and action plan and should be considered for review of this application. page 2 Win -River ADU Review PARKS DEPARTMENT RECOMMENDATIONS: The Parks Department urges the applicant to negotiate with the City to grant or sell a 15 foot wide trail easement across the applicant's property to help complete the community's trail system along the river. SUMMARY: The Benedict "River Trail" has been a part of community planning process for a long time. It has been referenced, described, and mapped in numerous publications and planning guides through out the last 30 years. It is a critical link in the trails system. We would urge the applicant to grant the trail easement so that the system could be completed and the dream of Fritz Benedict and many others realized. .JAN 23 '97 10' 44Ah1 ASPEN HOUSING OF,- P. MEMORANDUM TO: Bob Nevins, Community Development Department FROM: Cindy Christensen, Housing Office DATE: January 23, 1997 RE: Win -River Review for Two Accessory Dwelling Units Parcel ID No. 2737-181-00-019 SIWIE: The applicant is requesting approval to construct two ADU's. According to the plans, the ADU's are to be located above detached garages for each single-family residence. R &DVl LN_QATION: Staff recommends approval as long as the following conditions are met: The unit falls within minimum and maximum square footage: Accessory dwelling units shall contain not less than three hundred (300) square feet of allowable floor area and not more than seven hundred (W) square feet of aftmobls floor area. The unit shall be deed restricted, meeting the housing authority's guldeffnes for resident occupied units and shaft be limited to rental perfods of not less olden sir (6) months in duration. owners of the prfnclpal residence shall have the right to place a qualified employee or employees of his or her choosing in the accessory dwelling unit. 2. The kitchen falls within the following specifications: �1 - For AcCesscuv Dwelling Units and Caretaker pwehling Units, a minimum of a twn-burner sieve with oven, standard sink, &)d a (-cubic foe( refrig rotor phis fte2er. 3. An accessory dwelling unit deed restriction must be recorded prior to building permit approval (this form is provided by the Housing Office). 4. Actual floor plans of the ADU be provided to the Housing Office prior to building permit approval. 5 Inspection of the unit by the Housing Office prior to Certificate of Occupancy. VPfNmIWW nradu.187 MEMORANDUM To: Bob Nevins, City Planner Thru: Nick Adeh, City Engines From: Ross C. Soderstrom, Project Engineer Date: January 28, 1997 Re: Win River Conditional Use Review for Two (2) ADUs (570 & 580 South Riverside Avenue, City of Aspen: Lots 1 & 2 Kastelic Subdivision, City of Aspen, CO) [Site conditions at the time of site visit: 01/21/97; 2.5 ft snow pack with 4 ft drifts; ground surface and features indistinguishable under snowpack] After reviewing the above referenced application and making a site visit, I am reporting the combined comments made by the members of the DRC: 1. Application: As previously noted by Chuck Roth in his referal memorandum regarding the Stream Margin Review of this property, the lack of a proper Improvement Survey Plat and a site plan of the proposed development pose several noteworthy problems in attempting to provide any useful discussion of the proposed development. Lack of quantitative (field measured verses qualitative depictions, GIS contouring) topographic information in both the Improvement Survey of the existing conditions and the complete lack of a grading plan for the proposed development precludes making informed comments about site drainage; building set -back verses the stability of the slopes; erosion control; vehicular access to the ADU's and primary residences; possible alignment(s) of the pedestrian trail in relation to the remainder of the property; impacts of grading on utilities and drainage; and driveway slopes and access to the common right-of-way easement, each of which depends upon accurate topographic information. For example, the topography generally slopes from south to north and from east to west across the two lots and contains two "retaining walls" on Lot 1 under what is proposed as the footprint of the new residence. Will the proposed buildings be built below the existing grade, at grade, or above existing grade, i.e. which direction will the surface storm drainage flow, and how and where will it be intercepted I OF 4 DRCM0497.DOC Memo - Win River Conditional Use Review A(2) ADUs • before either entering the river, flowing down the common right-of-way easement, or on to the adjoining property? What is the proposed grading around the proposed building on Lot 1 where there are aledgedly two "retaining walls"? The term "retaining wall' may be more figurative than literal since the shown contour lines do not depict the typical terracing effect created by true retaining walls. Since the site is fully blanketed by about 3 ft of snow, I have no practical means of assessing the actual site conditions nor what impacts may arise from the development. Another example is the grade of the driveway on Lot 2 in relation to the access easement; During the site visit it appears that a draiveway may be built at a grade of less than 12% if one assumes the garage will be built approximately at the existing grade. (If the proposed garage is built any lower, it appears that it will catch storm and snowmelt run-off for lack of a site and grading plan depicting otherwise.) In that erosion and sedimentation follow drainage patterns, the unanswered questions relating to drainge will also carry foreward as it purtains to erosion and sedimentation. Similarly, basing the top of slope on the qualitative representation in this application, meaningful comments cannot be made about the slope stability verses the additional loading caused by the construction of a building at the top of a slope above a river which meanders in its channel. While each of these potential problems may be addressed during the actual development of the two lots, the eventual field solutions may create a adverse conditions which the City would not permit if the conditions were known or foreseeable in the planning stage rather than during construction or afterwards. As presented, this application does not adequately address the proposed development in a manner sufficient to make informed recommendations nor prevent undesireable conditions which are not apparent in the "schematice site plan". Although generally consisting of glacial morane and alluvial till, without being able to see the actual soil conditions at the site, I can only comment that the grading and drainage plans be prepared by a qualified professional engineer based upon the soils at the site. Likewise, the foundation designs are dependent upon the soil types so as to minimize or prevent unforesee movements in the slope between the edge of water in the river and the foundations of the buildings. Based upon the above discussion, I request that the application be returned to the applicant for further development and clarification of the existing conditions as properly represented in an Improvement survey and the proposed conditions as shown in a site plan to address the potential problems outlined above. At the least, the Engineering Dept. requests that the revised development plan be re -submitted for review to the Engineering Dept. that we may confirm that this discussion and these recommendations remain appropriate for the final proposed development and that the site plan does not cause preventable undesireable conditions. In separating the stream margin review from the ADU review for this proposed development, the problems of providing a meaningful review are further complicated since conditions necessitated by the delineation of the top of slope (on the western portion of the property) may pause the building design, orienation and location to change which in turn will impact other elements of the site design, particularly drainage and vehicular access at the driveways (on the eastern portion of the property). This also 2OF4 DRCM0497.DOC • Memo - Win River Conditional Use Review 0 (2) ADUs • unneccessarily increases the workload for the engineering department (to make two reviews). and generally results in a disjointed review of an application which by reason and general application standards should be reviewed as a whole application rather than piecemeal -wise. 2. R-O-W & Encroachments: Due to the accummulated snow covering the site at the time of the site visit, the possibility of encroachments or physical constraints or potential conflicts could not be properly evaluated. In that the application was based upon an "existing conditions map" of approximately three years old, rather than an Improvement Survey completed or subsequently updated within the last year, I cannot discern whether any present condition exists that may require mitigation. Qualitatively, the width of the R-O-W width and width and aliengment of the utility easements appear sufficient for the proposed development however the slope of the driveway on Lot 2 may cause access or drainage problems. The driveways should be not greater than 12% in slope within 20 ft of the common access easement line nor more than 18 ft in width where the driveway meets the access easement. 3. Trash & Utility Areas: The existing aerial utility service lines will need to be undergrounded during the redevelopment of the lots. If the main distribution lines are also relocated or undergrounded, these should be shown on the data file returned to the GIS office prior to request for the C.O. inspection. Any new surface utilities requiring a pedestal or other above ground equipment must be installed on an easement provided by the property owner and not located in the public rights -of -way. Any new easements must be recorded prior to issuance of the building permit. All existing and any new easements for utilities shall be shown on the final improvement plans submitted for the building permit. 4. Site Drainage: Apart from the above described inadequacies of the application, the new development cannot release more than historic (pre -development) storm run-off from the site and any increase in storm run-off must be first routed and detained on the site. Given the existing provailing gradient of the site, the landscape and grading plans need to be coordinated to minimize erosion and sedimentation. The building envelopes of each lot need to be delineated by construction fencing incorporating sediment webbing to minimize the erosion potential. The barrier should be erected and maintained throught the construction until issuance of the Certificate of Occupancies of the units. A copy of the soils report must be submitted with the final site development plans. A drainage plan shall be included in the site development plans submitted for the building permit(s). (Not shown on submitted application drawings.) 5. Driveways, Parking & Pedestrian Area: Based upon the sketches of the proposed ADU in the -, ecoiid story over the garage in each of the residences, the driveways appear to conform to City requirements although the driveways may not exceed 12%. in slope which may create a grading limitation for Lot 2. Residential properties in this zone district are permitted to have one (1) driveway curb cut up to 3OF4 DRCM0497.DOC Memo - Win River Conditional Use Review 0 (2) ADUs • ten (10) ft in width for a single width driveway or up to eighteen (18) ft in width for a double width driveway. The schematic site plan does not indicate that there is any designated parking space for the ADU on either lot. The ADU parking space will need to be shown on the site plan submitted for the building permit(s). Along the entire common access easement frontage, a five (5) ft. wide "pedestrian area" shall remain unobstructed by improvements including fences, landscape boulders, vegetation; e.g. any new trees must be located to provide space for and alignment of the pedestrian area with the neighboring pedestrian routes to either side. The pedestrian usable space shall be shown on the final site plan and the plan set submitted for the building permit. The common access and utility easement shall remain unobstructed as would a city street and improvements shall be approved by the appropriate city departments prior to installation or development. The site plan(s) shall contain all the information required of a tree removal permit, driveway location and dimensions, site drainage plan, existing and proposed easements, landscaping plan for the portion of the R-O-W between the edge of the driving width and the property line, and as further required by Aspen Municipal Code. 6. Flood Elevation: Although schematically represented on the site plan submitted with this application, the basis for the determination of the 100 year flood plane and the associated datum information will need to be certified on the building permit improvement survey by a currently licensed professional land surveyor in order to verify that no development is being constructed within the flood plane. If development is to be constructed within the flood plane, it will need to meet the requirements for flood -resistant construction; mitigate the constriction impacts upon the flood channel; and the property owner will need to execute and record a certificate attesting to these conditions prior to the issuance of the C.O. 7. Record Drawings: When the building footprint is remodeled or the property re -developed and prior to C.O. issuance, the building permit applicant will be required to submit to the Aspen/Pitkin County Data Processing Dept. as-builts drawings for the project showing the property lines, building footprint, easements, encroachments, entry points for utilities entering the property boundaries and any other improvements. 4OF4 DRCM0497.DOC WI LLIAM 11. (AIIAE Ll. 0 ARCHITECT, P.C. 175 Big Hat Road Basalt, Colorado 81621 (303) 927-4425 Mitch Hass, City Planner 24 April, 1997 PROJ ECT:Win- River, Kastelic Subdivision, Stream Margin Review and Conditional Use Review for ADU LOCATION: 570 & 580 S. Riverside Avenue Representative: Bill Campbell OWNER: Winwin LLC Mitch; I have provided 15 copies of the supplemental information which you outlined in your memorandum of February 4, 1997. The following have been included: 1. The revised building envelopes, top of slope and 15 foot set back line are shown on the site plan. 2. Detailed , scaled drawings of the proposed ADUs have been provided. 3. The "rear" yard on Lot 1 has been increased to 10 feet. 4. The maximum height of buildings has been shown on the elevations. 5. The size (square footage) of the proposed ADUs is indicated on each floor plan. 6. Both ADUs have full kitchens as indicated on the plans including a 14 cu. ft. refrigerator/freezer. 7. The ADUs are identified on the plans. 8. The required parking is shown on the plans. 9. Attachment 2, Dimensional Requirements Form, is included for each Lot. I am planning to submit a package for Ordinance 30 review around May 1, 1977. Please let me know if you need any other information. Sincerely; William B. Campbell RPP-•23-1997 07 : 4 = rrRU i tN L i + wr: ATTACHMENT 2 01ME SIONAL RECUIREMEVTS MRM Apciicant tti t� �A� Adares& 15 10 ► uO s t n c-- A j• Lo -r I IL-ry-�,-fLzu- Lot sue. 30� I (, Existing FAR l ,o _ t� ,-2� _ A1Mawobie FAR: Prcoosed FAR: _=-, 3 Z- F w..� Eris ig not lame ale (comme ): - O - Proposed net leasabi! (cor mmwaml): - 0 — EXWTing % of sits =verag6: ■���� pmccaed °A cf site "verage: 11 °lo Existing % of open scare: FrcCcsed % d open soace: LAP Rz:�?&,� �ci�*:irtg rnmcimtcm flQigrn: P inQUi oicci l5t 0 Proposer rrax. heig^t: Pr+r:c;cai �vdc- r/_ cc:yoN Fec-csad 1% of coamoiiUen: �... S °A" East ng rtumber of bodrecros: P•cccsed number cis dedrecros: F.(j=ttng on -alto park;tlg SCaCSS: 3 Cn-site parking spaces recuired: geltads Existing: From: 88�, Rear. ___ Camoirea Frontlrear, S ice: L 0 Sice: ti- Camoine3 l 15 S ices: .Minimum ^egvire d Front: Roar: to Ccmbirec� FronVrear. kE Side: S ice: C�mt7ir ;f3c,; t%rcocsed:,, - F�ant: 30 Rear' 10 c�_ — Combinec t Fron�rear SiQo: Z. S Side: 10 GQmarec 3S Silas: Existing noncortformities or anm%m3crmer•,ta: 5` Kil'C > Variations requfsted: ►-1 G. {HPC has the ability to varf t mfclwmm requirements: setbacks, distance betweer bui lisp, FAR bonua of up to 51200scA. Ztte c V"qe jaiiance up to 5%, tkeigm ••iatsaaons unaerthe cottage hM program, parking waivers for residential uses in the R-6, R-t 5, RMF, CC, and O tone dtstl") I� TOTPL P.02 APR-23-1997 07:4t FROM ASPEN./P I TK 1 N Cut LE'�, 0 • Applicant~ Adar a 7*rto dj== Lot sin: Existing FAR: A&PAMbig FAR: 45 5� ftoawd FAR: _ 4-8 l (� Exiattng not 1"Saois (cammermlw): ATTACHMENT 2 D1MENS10NAL REQUIROAE.'Vi'S FARM Propcsed net leasable (commerce). �— Exiettng % of site =wage: 3 111/0 PrGPOOOd 14 Gf situ czverage. . e 0 O Elisting % of open space: o`o Frccned % d cpen space: axiving maximum heigm. P_; c=i oica! , cv `� ?-cpcsed rrwL tieignt: ?�irtcit;al dice 2 �c�;rsc^� co: 1Jc �� Pec"CSed % Ct "-.10 riaitcm '3 OEO Existing rn:mber of badn.,cros: - - P•cccsad m=i:9r of 160-edret ms: 5 Extssttng oR-aite park;rg spaces: - Pe5 Cn-arte Dariding spaces -OCU. ed: 3 Exist�ig: Frcrr 3 _„ Roar: ___ Camoirec Fronrlraar l2. a Sice: 1,� Sice: Cam aired S ides: ZO o - Mirimurr, Paruired: F-CM: 2;;: (:,� Roar O Combirac F=Vrear. N ° 00 S idzs: Side: to C:,m bir�� Sides: _,..—f�2-eLDG- P�c>�irsed: F. ant: S-(O Rear. Combnac F,-o4re2r I Sicr _ _ I5 Side:-25 Gampree L o Sides: Existing nonwr fortuities or onaraac irnorts: IJO ` Vasriaticrz requested* Q)O U 9- (t-ipc has the ability to varf the fo!lawim requirements: setbacks, distancs between buodinp, FAR benua of up to WQ sCA. 3tte =V*Mge reliance up to 5 :b, heQnt vanations unew the cottage infRi program, parking waivers for widermal uses in the 4-6. R-t 5, RNA', CC, ana O ton& atstrt=I) \, P). (Ai TOTAL P.02 PUBLIC NOTICE RE: WIN -RIVER CONDITIONAL USE FOR ACCESSORY DWELLING UNIT NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, February 4, 1997 at a meeting to begin at 4:30 p.m. before the Aspen Planning and Zoning Commission, Sister Cities Meeting Room, City Hall, 130 S. Galena St., Aspen, to consider an application submitted by Win - Win, LLC requesting conditional use approval to construct two (2) accessory dwelling units (ADUs) for Lots 1 and 2 of the Kastelic Subdivision. The applicant is proposing to demolish the two existing residences and then construct two new single-family homes and an accessory dwelling unit for each home. The property is located at 570 and 580 South Riverside Avenue, and is described as Lots 1 and 2, Kastelic Subdivision. For further information, contact Mitch Haas at the Aspen/Pitkin Community Development Department, 130 S. Galena St., Aspen, CO (970) 920- 5095. s/Sara Garton, Chair Aspen Planning and Zoning Commission �,Ky-d +Q He,-h Klein @ 925�N-77 1/14lq-7. • MEMORANDUM • TO: Aspen Planning and Zoning Commission THRU: Stan Clauson, Community Developme Director, ' Julie Ann Woods, Deputy Director �` itO I� FROM: Mitch Haas, City Planner RE: Win -River Conditional Use for Two Accessory Dwelling Units (ADUs) - Public Hearing. 570 (Lot 1) and 580 (Lot 2) South Riverside Drive, City of Aspen Parcel I.D. No. 2737-181-00-019. DATE: February 4, 1997 s.VMMA.RY: The app i46t, WinWin LLC, is proposing to construct two (2) new single family Tesidenc4 with,Accessory Dwelling Units (ADUs). ADUs are a conditional use in the R-1 5 zone district. With the advice of staff, the applicant is requesting to ,co re the public hearing concerning the conditional use for the ADUs to a date certain"inou'•order to'glfow adequate , time for the owner to complete the requisite Residential Design Review pursuant to Chapter 26.58 of the City of Aspen Municipal Code. • fe . A, letter from the applieant•reoesting this.contiuu�tion is attached as Exhzbit A. • '* •• "�' ' ,Staff recommends continuation of this conditional use re'queRf to a date certain to be • dderniined by the Planning and Zoning Commission. FXGOMMENDED MOTION: "I move to continue the public hearing, for Conditional* U;e�`' for an ADU at the K telic SuBdi4isiorj PUD propetty; 57.0 (Lot 1) and 586 (LoWfi,�,gouth Riverside DriLe, to, 1997. `: '.•.� 7v, r► Exhibits: "A" LetteYftom the �rppiicant requesting continuation to a date to be determined. 61G���i 'iD IJl '- I 1 I 1 I L1 L L L 11 1'. i- 1 1 1 I L_ 1 1 1 L' • _I I ._ I ._ -! 1 I I I, EXIT 16 IT A] ARCHITECT, P.C. 17'; Big Iiat Road Basalt, Colorado 81621 (303) 927-4425 Mitch Hans Community Devefopment Department 130 S. Galena St. Aspen, CO 61611 January 29. 1997 Dear Mitch, 'No are requesting that the Public Hearing tar the Accessory Dwelling Units on Wts one and two of the Kastelie Subdivision be continued urnil such time as the Owner has obtained the design review pursuant to Section 26.68.020 of the Land Use Regulations of the City of Aspen. Sincerely, William B. Campbell Agent (wYd �Gtt�„Wwrv�:, � r� it �,�„�Ji � t% i� �t. i ��� i � • � jyrl era ► t~ v t '�P%I � • V1h a� tip t(w ' ) 6� &"t� "I , •AT��'lFNr • . 1 LADM USE APPLICATION FCFM , 1) Praject Name 2) Pt aj ect Location 57� Sg S �� �/ ��S I `� G AV 1,47 (Uldicate st reer- address, lat & block ra amber, legal desscr, cn where appropriate) w-r-1 30, 3) Present Zoning - 4) Zat Size 6VT 2 44, j 1 b 5 5) Applicant's Name, Address & Phone 3 I'1 �5 =�•► 67 2-0 l �� 6) Represw.tative-s Nme,Address & PILa -a # � I Limit A�T'1 t-I °Y - �-"S 71 'Ripe of Application che ck eek all that apply) : Coxiditicnai Use sal SPA Special Review 3040 Greenl ine StrMargin Maintain View Plane Int Split/Uc t Line Adj ustme-rrt Final. SPA Final PM Subdivisicn Final Historic Dev. Minor Hist.-ric Dev. Historic Demolition Historic Desicgiaucm, c 4QS motion 3) Des�'ipt cn of x c�=na U-(number and type of Pxd� str c fires; approximat-d sq. ft. ; number of bedrooas; any previous apPzwais granted to t1e Property) - t ) 21ccs� �D � 2, 9) Description of Develog ent Applicaticn I � 100C ,fl,%U. 10) \'Have you attached the following? 7 L Resperse to Att3G=elTt 2, Minimum tilSFr,i ccicn Cor tents Response to Attachment 3, Specific Su► ni sicn � _Response to Attactestt 4, Review Standards for Your Application W CAMPBELL ARCHITECT ID:9709278561 JAN 29'97 9:08 No.004 P.02 NVILLL-01 B. (AMOhELL 0 ARCHITECT, P.C. 175 Big Hat Road Basalt, Colorado 81621 (303) 927-4425 Mitch Ham Community Development Department 130 S. Galena St. Aspen, CO 81611 January 29. 1997 Dear Mitch, We are requesting that the Public Hearing for the Accessory DwolliV Unite on Lots one and two of the KasWlie Subdivision be continued until such time as the Owner has obtained the design review pursuant to Section 28.68.020 of the Land Use Regulations of the City of Aspen. Sincerely f William B. Cartvwl Agent Win Win Enterprises LLC 317 Park Ave. aspon, CO 81611 920-1851 December 23, 1996 To whom it may conoern: William B. Campbell, Architect PC, 175 Big Hat Rd., Basah, CO 81621-g778, 927-4425, is my representative in matters concerning the properties described as Lot 1 and Lot 2, Kastelic Subdivision and located at 570 and 58 S. Riverside Av., Aspen, CO. , I OCT 23 '96 12 22PM WEST_ h1 IN ST -Cf LW (JFF"ICES CONUNT AND Ai)THORIZATION TO MMA HUxLIZIlt�4 � yutzx AND LfAND 11U Ag L� ICAT M Tile undersigned owner hereby atitliorizea Larry Winnerman whose address is 317 Bark Ave., Aspen, CO. 61611, (phone 920-1851), and his selected architect, attorney or other coneultanta, as applicable, to proceee an application for a building permit and any and all other land use applications neceaaary for or related to the issuance of a building permit for tho following property located in the City of Aspen: Lot 1, KASTELIC SUBDIVISION, PUD, according to the plat thereof recorded in Book 33 pagd 62 of the records of Pitkin County, Colorado. Datedz October /lit, 1996 OwNER: B.A. POWELL LIMITED PARTNERSHIP BY: ff_07�E�o"JohAbon, General Partner 241Hidd n Valley Dr. Grand Junction, CO. 81503 970-241-0277 _1n\enr.7 _GIV I .� i 11V I GKG I H I C t7HKuHi.L _U—r_1—"_+O 1 i � Il HI'I 3e1 JlGGI'J`_-.�G-! LdUti.'dG GI'J'�G: � c CONSENT AND AUWH0RTV3P.T10N TO PROCESS BUILDING PERMIT AND LAND U5S APPLICATION The underuigned owners hereby authorize Larry Winnerman whose address is 317 park Ave., Aspen, CO. 81611, (phone 920-1851), and his selected architect, attorney or other consultants, as applicable, to procesu an application for a building permit and any and all other land use applications necessary for or related to the issuance of a building permit for the following property located in the City of 1!apan: Lot 2, KASTELIC SUBDIVISION, PUD, according to the plat thereof recorded in Book 33 page 62 of the records of Fitkin Countyy Colorado. Dated: Octobar-w7, 1996 OWNERS s MARGlE CASEY 1717 S . bi'X%,AUiEE Denver, CO. 80210 303-777-8916 vin�CPA F CIS CASEY ST. 1717 S. MILWAUKEE ST. 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SUBDIVISION AGREEMENT KASTELIC SUBDIVISION THIS AGREEMENT is made this ]-Qn day of -� « M L�LF' , 1993, between MARGIE CASEY, INDIVIDUALLY and as PERSONAL REPRESENTATIVE OF THE ESTATE OF ANTHONY KASTELIC and BETTE JOHNSON (collectively the "Applicant"), and THE CITY OF ASPEN, a municipal corpo►aZicia, ("City"). RECITALS WHEREAS, Applicant owns that certain real property (the "Property") located in the City of Aspen, County of Pitkin, State of Colorado, and zoned R-15 P.U.D., legally described as: Described in Exhibit "A" hereto WHEREAS, the Applicant submitted an application for, and received approval for the subdivision of the above referenced property from the City Council on 82d-V-4,d�-L-5,71993, pursuant to Ordinance No. 49 (Series of 1993) (the "Ordinance"), for the division of the above described real property into two (2) lots to be known as Lot 1 and Lot 2, Kastelic Subdivision P.U.D., and R-15 Zone P.U.D. and WHEREAS, the Applicant has submitted to the City for approval, execution and recordation a plat for the Kastelic Subdivision P.U.D. (the "Plat") and the City agrees to approve, execute and record the Plat on the agreement of the Applicant to the matters described herein, subject to the provisions of the Municipal Code of the City of Aspen ("Code") and its other applicable rules and regulations; and WHEREAS, the City has imposed conditions and requirements in connection with its approval, execution and acceptance of the Plat and such matters are necessary to protect, promote and enhance the public health, safety and welfare, and pursuant to the Code, the City is entitled to assurances that the matters set forth herein will be faithfully performed by the Applicant and the Applicant's successors and assigns; and WHEREAS, the Applicant is willing to enter into such agreement with the City, and to provide assurances to the City; and NOW, THEREFORE, in consideration of the mutual covenants contained herein, and the approval, execution and acceptance of the Plat for recordation by the City, it is agreed as follows: A. The Applicant shall file the Plat to be reviewed and approved by the Engineering Department. 1 #. 6556i� i�1i�3i, 15:C3 Rec ^��. o � 738 -'G 76 Davis, F- tk:in Cnty C1er*oac $-C B. Applicant shall comply with all provisions contained herein and all material representations made during public hearings before the City Council and the terms and conditions of the Ordinance which are as follows: 1. Due to slope density reduction calculations, only a single-family home plus any accessory dwelling unit or building, is permitted on each lot pursuant to the Municipal Code for single-family homes in the R-15 zone district. 2. Prior to the issuance of any demolition, excavation or building permits for Lot 1 or Lot 2, stream margin review (if applicable), shall be required. 3. The rear yard setback for Lot 1 shall be varied from the required ten feet to five feet for the existing residential structure. The redevelopment of Lot 1, through the replacement of the existing residential structure, shall comply with the dimensional requirements of the R-15 zone district and the approved building envelope, unless varied through the PUD review process. If the existing residential structure on Lot I is damaged or destroyed in whole or in part, any reconstruction shall occur under the applicable provisions of the Municipal Code. This shall be noted on the subdivision plat. 4. Prior to the issuance of any building permits for Lot 1 or Lot 2, tree removal permits shall be required for any trees over 6" in caliper that are removed or relocated. 5. A final Plat shall be reviewed and approved by the Engineering and Planning Departments. The plat shall include the book and page of the recording and current improvements as would be required for redevelopment. 6. The final subdivision Plat shall be filed with 180 days of final approval. Failure to file the Plat and this Subdivision Agreement within 180 days shall render the subdivision approval void. 7. Prior to the issuance of any building permits for Lot 1 or Lot 2, the Applicant shall consult with the City Engineer to determine whether a drainage analysis is necessary. 8. Upon redevelopment of Lot 1 or Lot 2, by the demolition and replacement of the existing residential dwelling on such lot, the developer of such lot shall upgrade all utilities on such lot and locate them underground as required on such lot. 9. The Applicant shall adhere to all representations made in the application and during the review process. 2 b�5bi y 01 / 07," a ' ' : C3 Rec 8K 738 ='G 77 Si1viri is, Pitkin Cnty Clerk:, Do $.(.��> 10. Prior to the issurance of any building permits, a review of any proposed • changes from the approvals, as set forth herein, shall be made by the Planning and Engineering Departments. 11. The recorded final plat shall include the revised building envelopes indicating that the trees are being protected and that the envelopes are out of the proposed trail alignment. At the time of stream margin review applica- tion, the Applicant may request to vary the building envelope depending on them existing site conditions. This language shall be reflected on the final plat. C. The provisions of this Agreement shall run with and constitute a burden on the property and shall be binding on and inure to the benefit of Applicant and Applicant's successors and assigns and to the City, its successors and assigns. D. This Agreement may be altered or amended only by written instrument executed by all parties hereto with the same formality as this Agreement is executed. E. If any provision of this Agreement is determined to be invalid, such invalidity shall not affect the remaining provisions hereof. F. This Agreement shall become effective upon the date of the last signature set forth below. CITY OF ASPEN MARGIE CASE'Y, INDIVIDUALLY AND AS John S. Bennett, Mayor PERSONAL REPRESENTATIVE OF THE ESTATE OF ANTHONY KASTELIC Date: �,'L ��/ " , 1993 BETTE JOH N Date: �d- ^� 71 , 1993 3 Date: % 19 MEMORANDUM TO: Aspen Planning and Zoning Commission THRtJ: Stan Clauson, Community Develop nt Direct 4�s� Julie Ann Woods, Deputy Director �. FROM: Bob Nevins, City Planner Mitch Haas, City Planner Affwjtv wl I1 MQ��cv RE: Win -River LLC Stream Margin (ESA) Review - Public Meeting 570 (Lot 1) and 580 (Lot 2) South Riverside Drive, City of Aspen Parcel I.D. No. 2737-181-00-019 DATE: January 21, 1997 SUMMARY: The applicant is proposing to demolish two detached single-family homes and then construct a new detached single-family residence on each of the two subdivided lots within the R- 15 zone district. As part of the development application, the applicant is requesting Stream Margin (ESA) Review approval for the development of two residences within 100 feet of the high water line of the Roaring Fork River. The applicant is also requesting Conditional Use approval for two Accessory Dwelling Units (ADUs) at a public hearing scheduled for Planning and Zoning Commission on 4 February. The applicant's land use application is attached as Exhibit A. Referral comments from Engineering and Parks are included as Exhibit B. Ordinance 49-93, Subdivision, PUD and Vested Rights Approval for the Kastelic property, is Exhibit C. Stream Margin Review standards, Section 26.68.040, is attached as Exhibit D. Staff recommends approval of the Stream Margin (ESA) Review for the proposed single-family residential development on Lot 1 and Lot 2 with conditions. APPLICANT: Win -River LLC, as represented by William Campbell, Architect P.C. LOCATION: Lots 1 and 2 of the Kastelic Subdivision PUD are located at 570 and 580 South Riverside Drive in the City of Aspen. The lots are bounded by the Redwood Condominiums to the north, Riverside Subdivision to the east, Gordon Subdivision on the south and the Roaring Fork River along the western boundaries. ZONING: Moderate -Density Residential (R-15/PUD) LOT SIZES: Lot 1 (570 S. Riverside Dr.) = 30,616 sf; Lot 2 (580 S. Riverside Dr.) = 44.110 sf PROPOSED LAND USE: Two, detached single-family residences with two accessory dwelling units (ADUs). Detached residential dwellings are permitted uses on lots of 15,000 sf. or greater within the R-15 zone district. Due to slope density reduction calculations only one single-family residence and ADU per lot are permitted within the Kastelic Subdivision. REVIEW PROCESS: Stream Margin (ESA) Review is a one-step process at a meeting before the Planning and Zoning Commission. An ESA Review may be consolidated with any other development applications. Stream Margin (ESA) Review is not a public hearing and requires no notification of the public prior to review as per Section 25.52.060(E)(4)(a). BACKGROUND: The Kastelic Subdivision PUD consists of two residential lots. It was approved and granted vested rights status for three years (to October 25, 1996) by City Council via Ordinance 49 (Exhibit C) in 1993. An extension of vested rights status has been submitted to City Council by the property owner. Council has continued the public hearing regarding the extension of vested rights to 27 January. The Subdivision and PUD conditions of approval contained in Ordinance 49-93 relating to Stream Margin Review are the following: "2. Prior to the issuance of any demolition, excavation or building permits for Lot 1 or Lot 2, stream margin review (if applicable), shall be required; 7. Prior to the issuance of any building permits for Lot 1 or Lot 2, the applicant shall consult with the City Engineer to determine whether a drainage analysis is necessary; and 11. The recorded final plat shall include the revised building envelopes indicating that the trees are being protected and that the envelopes are out of the proposed trail alignment. At the time of stream margin review application, the applicant may request to vary the building envelope depending on then existing site conditions. This language shall be reflected on the final plat." Since the 1993 approval of the subdivision, the City adopted revised Stream Margin Review standards which affect the buildable areas on each of the two lots. Hence, the building envelopes shown on the plat are not in compliance with current Stream Margin Review setback requirements. Staff conducted several site visits and reviewed the topographic surveys to determine the "top -of - slope"; establish a fifteen foot no development setback; and delineate a progressive height limit pursuant to Section 26.68.040(B)(10). The applicant has modified the previously approved building envelopes to comply with the current standards contained in the Land Use Regulations. Should P & Z approve this Stream Margin Review, the applicant shall withdraw from Council thcir request for extension of vested rights. 2 REFERRAL COMMENTS: The comments from City Engineering and Parks Department are included as Exhibit B. STAFF COMMENTS: Stream Margin Review is contained within Chapter 26.68, Development in Environmentally Sensitive Areas (ESA) of the Municipal Code. Section 26.68.040 defines stream margins as "areas located within one hundred feet, measured horizontally, from the high water line of the Roaring Fork River and its tributary streams, or within the one hundred year floodplain where it extends one hundred feet from the high water line of the Roaring Fork River and its tributary streams, or within a flood hazard area (stream margin). Development in these areas shall be subject to heightened review so as to reduce and prevent property loss by flood while ensuring the natural and unimpeded flow of watercourses. Review shall encourage development and land uses that preserve and protect existing watercourses as important features. The Kastelic Subdivision PUD is located within one hundred feet, measured horizontally, from the Roaring Fork River. The proposed development of new detached single-family residences on Lot and Lot 2 is subject to Stream Margin Review pursuant to Section 26.68.040 (Exhibit D). STAFF FINDINGS: Based upon review of the applicant's land use application, agency referral comments and several site visits, Community Development staff make the following findings: A. The development proposal complies with Standard (A) and Standard (B)(1,5,9,10,12, and 13). B. Standards (B)(6,7 and 8) are not applicable to this application. C. Standards (B)(2,3 and 14) have not been accurately represented by the applicant ( see Exhibit B, Parks Department Memorandum). D. Standard (B)(4) needs to be slightly modified. Staff has determined the top -of - slope to be elevation 7954. The fifteen foot no development setback shall be east of and parallel to the 7954 contour for both Lots 1 and 2. E. Standard (B)(11), landscape plan, shall be submitted prior to the issuance of any building permits. STAFF RECOMMENDATION: Staff recommends Stream Margin (ESA) Review approval for Lots 1 and 2 of the Kastelic Subdivision with the following conditions: T . The final plat shall be amended to clearly show the revised building envelopes for Lot 1 OL and Lot 2 with top -of -slope being elevation 7954. The fifteen foot no development v setback from the top -of -slope shall also be delineated on the revised and recorded plat. �d 0 1 2. A current Site Improvement Survey certified by a registered land surveyor, licensed in Colorado showing the wetland and riparian vegetation areas and the "public fisherman's easement " shall be submitted in accordance with Section 26.52.030(B)(5). E KE 0/ ! The applicant shall submit site sections of the final architectural plans for each Sftbs b�p(13� single-family re_ sidences.Lursuant to Section 26 68_040��1 � he site sections shall be �`' sign�ec ana stamped by a regist"er`e- arc rtect or engineer. The City Zoning Officer shall i easure and determine height as per Section 26.68.040(B)(10), Figure A, with the top- of-sl for Lots 1 and 2 bein"MMrLg elevation 7954. 4. A drainage report and mitigation plan, stamped and signed by an engineer registered to practice in Colorado shall be submitted in accordance with Section 26.88.040(C)(4)(f) prior to the issuance of any building permits. A sediment and erosion control plan shall be provided for the construction phase to prevent construction site runoff from leaving the site and entering the river. 5. The applicant shall acquire approval from the appropriate utility companies for any proposed construction activity within utility easements prior to the issuance of any building permits. p�1oW'r0 Prior to the issuance of any buil�nerms �ea�lislallb lm teadse plan �$-td(ot,�i(�t for review and approval by the Parks Department A tree remova permits all be Z required for the removal or relocation of trees as per Section 13.20.020 of the Code. 7. No vegetation shall be manipulated outside either of the revised building envelopes. The boundaries of the building envelopes along the Roaring Fork River shall be barricaded prior to issuance of any building permits. Revegetation is required for any soil disturbed on the site. 8. All exterior lighting shall be low and downcast with no light(s) directed toward the river or located within the no development setback or down the sloptqaarry -r-'^ Tqg 6opAo F� uPS "T �-M�5 PRoP � co+STq ias R ! U �� C6 T Ili a GRP r�Ot, �RPrt � � kr�p 9. -the applicant�ag�fe*'gt5iiate in good faith witch 'ty for the granting of a trail easement to the City. The trail easement, if granter Nall be described and shown on the revised final plat and recorded with the County Clerk. The allowable FAR permitted on each lot would not be affected by the granting of the trail easement to the City. 10. All material representations made by the applicant in the application and during public meetings with the Planning and Zoning Commission shall be adhered to and considered conditions of approval, unless otherwise amended by other conditions. 4 PROJECT:Win-River. Kastelic Subdivision, Stream Margin Review and Conditional Use Review for ADU LOCATION: 570 & 58 S. Riverside Avenue Representative: Bill Campbell OWNER: Winwin LLC SUMMARY EXPLANATION: Both lots are zoned R-15. Each lot contains a residence which the owner plans to replace with a single family residence and accessory dwelling unit. REVIEW STANDARDS: 26.68..040 A. No development will take place within the flood way. B. Development will begin approximately 50 feet from the 100 year flood plane. 1. No development will take place within the Special Flood Hazard Area. 2. There are no designated trails or historic public uses associated with the parcel. 3. Recommendations of the Roaring Fork Green way Plan will be implemented to the greatest extent possible. 4. No vegetation will be removed or damaged outside of the building envelope. The designated envelope shall be barricaded prior to construction and remain in place until a Certificate of Occupancy is issued. 5. The proposed development will not pollute or interfere with the natural changes of the river. On site drainage will be accommodated by dry wells. 6. The water course will not be changed. 7. The water course will not be changed. S. No work will take place within the 100 year flood plain. 9. No development will take place below the top of slope or within the 15 foot set back as shown on the schematic site plan. 10. The 450 height set back will be observed. 11. No landscaping outside of the building envelope is proposed. 12. No exterior lighting will be directed down slope or toward the river. 13. See attached site section. 14. Wetlands and riparian zones are below the high water mark. 0 • Memorandum TO: Bob Nevins, City Planner THRU: George Robinson, Parks Director FR: John D. Krueger, Trails Supervisor/Parks Department DATE: January 14, 1997 RE: Win -River Stream Margin Review Parcel No. 273 7-181-00-019 After review and investigation, the Parks Department offers the following comments on the Win - River application for Stream Margin Review under the Municipal Code: 26.68.040 Stream Margin. B.2. Any trail on the parcel designated on the Aspen Area Community Plan, Parks/Recreation/open Space/Trails Plan map, or areas of historic public use or access are dedicated via a recorded easement for public use. Dedications are necessitated by development's increased impacts to the City's recreation and trail facilities including public fishing access; The applicant responded: "There are no designated trails of historic public uses associated with the parcel. " This is an incorrect statement by the applicant. The River Trail has been a part of the community planning since 1962 when the Aspen Institute Director -Robert Craig and Fritz Benedict recommended to purchase and preserve open space along all this river corridor. The River Trail has been part of the planning process and various studies and plans for past 30 years. (A history of the River Trail and documents it has been referenced in is attached.) While the exact location of the trail has changed due to some of the development, a river trail corridor along the Roaring Fork River has been a constant desire of the community. It was so noted in Ordinance 49, Series of 1993, granting subdivision, PUD, and vested rights for the Kastelic properties. Aspen Area Community Plan (,AAM- The River Trail ja shown on the Aspen Area Community Plan (see attached). It is shown on the "Pedestrian Trails Plan" map of the AACP as a "primary" and "secondary" commuter trail. It is shown on the "Bikeways Trails Plan" as a "recreation" trail. Exhibit -B page 2 Win -River Stream Margin Review Both maps are designed to supplement the "Pedestrian and Bikeway Plan" of 1990 which is referred to numerous times in the AACP. Both the "Open Space/Recreation and Environment Action Plan" and the "Transportation Action Plan" section of the AACP list the following as an action item: "Implement the recommendations in the Pedestrian and Bikeway System Plan in a phased capital improvement program". Parks/Recreation/Open pace/Trails Element of the AACP: The River Trail is also shown in the "Parks/Recreation/Open Space/Trails Element" of the AACP as figure 9 of the same plan map as a trail and pedestrian corridor (see attached). This was adopted by the Planning and Zoning Commission. This "Element" of the AACP also cross references the "Roaring Fork Greenway Study" as a guide to be used. In the "Trails" section, under "Objectives", it lists: 5. "Provide a trail alignment along the river and creeks for use by hikers and fisherman, especially on the Rio Grande parcel." 14. "Establish a review process that refers development and applications to an agency/council responsible for addressing the needs of the trails system.." 21. " Revise the subdivision regulations to require the developer to construct or pay for the construction of the required trails." In Table 92"Missing Components of Open Space/Trails System in the Aspen Area" it lists "Pedestrian/Bicycle/Nordic Trail from Aspen Club to State Highway 82" as a missing link to be acquired and developed. Kastelic Subdivision P.U.D.: On the Kastelic Subdivision P.U.D., dated 1993, sheet 1, a "public fisherman's easement to the high water line" is shown on the property. This easement should qualify as historic and public use that is recorded. Under the "Plat Notes", it refers to "9. This final plat reflects the revised building envelopes indicating that the existing trees are being protected and that the envelopes are out of the proposed trail alignment. At the time of stream margin review application the applicant may request to vary the building envelopes depending on then existing site conditions." page 3 Win -River Stream Margin Review B.3. The recommendations of the Roaring Fork River Greenway Plan are implemented in the proposed plan for development, to the greatest extent practicable. The applicant responded: Recommendations of the Roaring Fork Greenway Plan will be implemented to the greatest extent possible. There is no detail listed as to how the plan will be implemented. A big part of the Plan is the River Trail along the Roaring Fork River. The trail is shown on Trails Plan map of "The Roaring Fork Greenway Plan" ( see attached) as a trail corridor. The plan states that: "A developed trail system throughout the Greenway is essential if the maximum possible recreational and educational potentials are to be achieved." 14. There has been accurate identification of wetlands and riparian zones. Applicant response: Wetlands and riparian zones are below the high water mark. The applicant does not show any wetlands or riparian zones on site plan. The applicant's response is incomplete and inaccurate. A wetland survey of the area for the Parks Department shows almost all of the wetlands area is above the high water line of the river (see attached). PARKS DEPARTMENT RECOMMENDATIONS: 1. The application appears to be incomplete and lacking in detail. Therefore, a current "site improvement survey" certified by a registered land surveyor should be required. The one submitted is 3 years old and has no surveyors stamp or sign off. Several of the trees shown by the applicant no longer exist. The "Public Fisherman's Easement" should be shown by the applicant. 2. The top of slope should be defined as the 7954 elevation contour line and indicated on the site development plan. A 15 foot setback from the top of slope should also be defined and marked on the plan. The 15 foot setback is to be barricaded in the field and verified prior to construction. No excavation is to occur beyond the barricade. page 4 Win -River Stream Margin Review 3. Per Ordinance 49 of series 1993, prior to the issuance of any building permits for lot 1 or lot 2, tree removal permits shall be required for any trees to be removed or relocated as defined in the "Municipal Code". 4. Stream Margin Review requires a landscape plan to be submitted with all development applications. A complete landscape plan must be submitted for review immediately. 5. The applicant shall negotiate in good faith with the Parks Department for a 15 foot wide trail easement across the applicant's property to help complete the City's trail system along the river as stated in ordinance 49. SUMMARY: The Benedict "River Trail" has been a part of community planning process for a long time. It has been referenced, described, and mapped in numerous publications and planning guides through out the last 30 years. It is a critical link in the trails system. We would urge the applicant to grant the trail easement so that the system could be completed and the dream of Fritz Benedict and many others realized. BENEDICT TRAIL HISTORY 1962 Aspen Institute Director -Robert Craig and Fritz Benedict recommended purchase and preservation of open space in and around Aspen and along the river corridor. 1966 The Aspen Area General Plan referred to the development of Roaring Fork Greenway. 1970 Interested citizens -John Doremus, Charles Wolcott, and Chuck Fothergill proposed a planning program as a first step in the development of the Roaring Fork River Greenway. 1972 The Roaring Fork Greenway Planning Committee was formed under the auspices of the Pitkin County Parks Association and Trout Unlimited to study the Greenway along the Roaring Fork River. 1973 The "Roaring Fork Greenway and Trails Plan" was published and identified a trail system along the Roaring Fork River through the entire town including the proposed Benedict Trail and Bridge alignment. 1973 The Roaring Fork Greenway and River Trail was incorporated into the Aspen Area Trails Map 1976 "The Roaring Fork Greenway and Trails Plan" was integrated into the "Aspen Area General Plan." 1979 The Roaring Fork Greenway and River Trail was incorporated into the "Aspen/Pitkin CountyTrails Master Plan." 1979 The Roaring Fork Greenway and River Trail was included in the "Aspen/Pitkin County Open Space Master Plan." 1981 The Roaring Fork River Trail was proposed for second phase development in the "Colorado State Trails Master Plan." 1984 The Roaring Fork Greenway including the Benedict Trail linkage was identified as an important trail amenity along the Roaring Fork River to connect Ute Park to Henry Stein Park in the "Report by the Task Force on Resort Amenities and Beauty." • 6 page 2 Benedict Trail and Bridge History 1985 The Benedict Trail was identified as a "missing link in the open space/trails system" in the "Aspen Area Comprehensive Plan: Parks/Recreation/Open Space/Trails Element." 1985 The Benedict Trail was identified in the "State Recreational Trails Master Plan" as part of the Rio Grande Trail system. 1990 The Benedict Trail and Bridge was identified as a high priority to be implemented in the "Aspen Pedestrian Walkway and Bikeway System Plan." The Neighborhood Advisory Committee (now the Pedestrian and Bikeway Committee) was created to implement the "PED" plan. 1991 The Aspen Area Community Plan -Executive Summary -Phase One Report had as one its goals to "complete the trail system along the river" and a vision to "create a creative non -auto oriented public, mass transportation system which integrates pedestrian and bike trails systems with community facilities and services." 1992 Regional Trails Committee worked on HWY 82 trail to link Glenwood to Aspen -including the Benedict Trail segment. 1993 The Parks Department presented the Benedict Trail and Bridge conceptual proposal to Army Corp Of Engineers at the Inter -Agency conference to Grady L. McNure-Chief, Western Colorado regulatory Office. Mike Claffey was designated as the contact for this project. Also, Alan Czencusch-DOW as a liaison. 1995 The "City of Aspen Parks Recreation and Open Space Needs Assessment and Master Plan" identified the Implementation of Greenway Trails system as a high priority. • 0 11 d) V ca -ate N � 40 Ul � J � � O O J N J � 4-1 0 � N 0 y �r w 73 Q) � :° > s'> _v -Ks tr CI N r w O (� } J 1- 0 0 0 • NORTH ELEVATION KA5TELIG SUBDIVISION LOT 2 TOP OF SLOPE 5ET BACK ELEVATION Ig54 SOUTH GENTER NORTH FOMMIl ILF La NORTH E-EVATION KASTELIG SUBDIVISION LOT 1 ELEV. 1954 TOP OF 5iOPE 5E7 5AGK CENTER \ORTH SOura. 1:120 0 -7 I i �I VERS I DE AVE -- 40 CURVE DEL 7A ANGLE RAD I US ARC r4,vG`t'.'T CHORD CHORD BEARING i G5°GO'35" 920 ?5' 60 47' 40 26' 60 44' N 73040'0004 BOJLD'.k WALL. 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SO FT 51.903 SG F1 •r Akr.A BELOW hh`_ 8 b00 SOFT 7 Oi0 .;0."I , jjjrrrrr1..` N r 1 ,( Q j L kCAC t4 22' "0 'ASEMENT - i O Fr -- J S 097 SO_rT. 2' pEa k -� DAVID W. McBkIDE. A kEGIS'EkEU -AND SURVEYOR IN TIE S1AiE 8--CTT ` r FAScltEN , r -- - ----- ----- ---'- -'� - Y' -"a� •i OF COLORADO. HEREBY CckT{FY THAT -11S PLAT WAS PkcPAREU FROM d^J ` �1 ` i / •• , I !' UK 2A9 G 63� y -� j��� \ CTA, ARE, b'6 SO FT 44 110 5 A FIELD SURVEY PREFORMr.D UNDER MY SUPERVISION IN ----- o \ i_�_�-�__-- - -- f 199- AND IS TRUE AND CORRECT TO TIE BEST OF KNOWLEDGE AND �&y�. \ _ \ 7 I� ' V}J�L BELIEF. THIS CERTI=(CATION IS VOID UN-ESS WEI STAMPED ON AN ° ° _ r / ` is I �{ ORIGINAL BLUEPRINT. -._ ('T(N SIGNED DAY O-49-.. `• 00, f / �� l., 1 ( /�'i MH L✓►" �J,. i��• �J J��..• LF'r� �,Q 1'-6 07 • -- --� —X-- - 1 40' Ste. �/� w.p ,ry \ 43-14'W.C. �. DAVID W. Mc6RIDE RLS 16129 ;l_•I JL/ I S ! VIV �Lam.... .. G0R'I-'- C ��B� YJ PIL.Ak5 /'42 Or, r dl J •a n i' I NE AGREEMENT s PREPARED 8) ASPEN SLUEY ENGINEERS 210 S. GALENA STREET ACCORDING TO CO,OkADO LAW YOU 4J5T COMYENC}. ANY LEGAL ACTION - P:O. BOX 2t>06 BASED UPON ANY DEFECT IN THIS 'LAT WITHIN TnREE YLARS AFTER YOU - - ASPEN. CC-O. 816,1 FIRST A SCOVERED SUCH DEFECT. IN NO EVENT. MAY ANY ACTION dASED - - P,IONE7rAx 1970, 4;25-3416 UPON ANY DEFECT IN THIS PLAT BE LOWENCED NONE TH,%N TEN YEARS - FROM THE DATE OF THE CERTIFICATION SHOWN HF.NLON. JOB ?v ;97'7D JAP., 51 i91s1 LJ E r--------------------- ---- -- - - - � 1 I I I I I I I L---------------------------1 1 I I I I 1 1 I I 1 1 I I I I I I I I { I I I I I I 1 I I I I I I 1 I 1 I 1 I I I I I L---"----------- I I I 1 I I I I 1 1 1 I I I I 1 I I I I 1 I 1 I i L_.-------------------------- I I 1. 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