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Home My WebLink AboutLand Use Case.433 W Bleeker St.0009.2004.ASLU-MeGarvey Subd 433 W Bleeker St - PIN 2735-12-4-42-001 Case 0009.2004.ASLU -1 1 2...2.zrzzezzf-9---=....1.- .- --1- .1- -..6 F. I 1. - l 4 /S fCAÂ»TU~ li l 04 1 --1 1 1 t.-1 0 - City of Aspen Community Development Dept. CASE NUMBER 0009.2004.ASLU PARCEL ID# 2735-12-4-42-001 CASE NAME MeGarvey Subd PROJECT ADDRESS 433 W Bleeker St PLANNER Scott Woodford/James Lindt CASE DESCRIPTION Subdivision Improvement REPRESENTATIVE Haas Land Planning, LLC DATE OF FINAL ACTION 08/25/04 CITY COUNCIL ACTION PZ ACTION ADMIN ACTION Subd Improvement Agreement BOA ACTION DATE CLOSED 09/07/04 BY D DRISCOLL $ 0 SUBDIVISION IMPROVEMENTS AGREEMENT FOR THE MeGARVEY SUBDIVISION THIS AGREEMENT is made this 2.5<day of 1- 1 u.-1 Lut , 2004, between JNM Bleeker Street, LLP, a Florida partnership (the "Owner"), @d THE CITY OF ASPEN, a municipal corporation (the "City"). RECITALS: WHEREAS, Owner owns that certain real property (the "Property") known as Lot 1, Standberg Lot Split, according to the Plat recorded October 18, 1982 in Plat Book 14 at Page 1, located at 433 West Bleeker Street, in the City of Aspen, County of Pitkin, having a Parcel Identification Number of 2735-124-42-001, and legally described as: Lot 1, Standberg Lot Split, according to the Plat recorded October 18, 1982 in Plat Book 14 at Page 1, City of Aspen, County of Pitkin, State of Colorado; and, WHEREAS, the Property has been re-subdivided into two (2) lots to be known as Lots 1 and 2, McGarvey Subdivision (Amending Lot 1, Standberg Lot Split, according to the plat thereof recorded in Plat Book 14 at Page 1) for residential development where such development, hereinafter referred to as the "Project", includes: â€¢ Lot 1, at the southeast corner of West Bleeker Street and North Fourth Street, contains approximately 7,500 square feet for development of a single-family residence and customary accessory uses; and, â€¢ Lot 2 fronts on West Bleeker Street and contains approximately 6,000 square feet for development of a single-family residence and customary accessory uses; and, WHEREAS, pursuant to Ordinance No. 17, Series of 2004 ("Ordinance"), the City Council granted Subdivision approval for the Project; and, WHEREAS, the City and the Owner wish to enter into a Subdivision Improvements Agreement (hereinafter "SIA") for the Project; and, WHEREAS, Owner has submitted to the City for approval, execution and recordation, a final plat for the Project (the "Plat") and the City agrees to approve, execute and record the Plat at Owner's expense, subject to the provisions of the Municipal Code of the City of Aspen (the "Code"),the Ordinance, and other applicable rules and regulations; and, WHEREAS, Owner is willing to enter into such SIA with the City and to provide assurances to the City subject to the terms and provisions set forth below. NOW, THEREFORE, in consideration o f the mutual covenants contained herein, and the approval, execution and acceptance o f the Plat for recordation by the City, it is agreed as follows: McGarvey Subdivision S.I!~ Page 2 Of 7 1. Description of Proiect. Refer to the second "Whereas" statement, above. 2. Redevelopment and Dimensional Requirements. As set forth in Condition 2, Section 1 of the Ordinance, the existing house on the Property need not be demolished to accommodate the newly created lot boundaries and the existing encroachments into the side yard setbacks may continue to exist for the life of the original structure only. Unless variances are duly obtained, the residences to be developed on the lots shall meet the R-6 Zone District' s dimensional requirements with respect to the newly created lot boundaries and setbacks and comply with the City o f Aspen residential design standards. If, prior to redevelopment, the zoning designation of the Property is amended by the City Council, development o f the Property shall be subject to the dimensional requirements of the then applicable zone district. Construction o f a house on the second lot shall only be possible i f the existing house is removed. 3. Acceptance of Plat. Upon execution o f this Agreement by the parties hereto, the City agrees to approve and execute the Final Plat for the Project submitted herewith, which conforms to the plat requirements of the Code and the Ordinance. The City agrees to accept such Plat for recording in the office of the Pitkin County Clerk and Recorder upon Owner' s payment o f the recordation fee. 4. Development Requirements. The following development requirements will be satisfied by Owner pursuant to Ordinance No. 17, Series o f 2004. a. Building Permit Plan Requirements. In addition to standard requirements, building permit applications for any lot in the Project shall include: 1. A copy of Ordinance No. 17, Series of 2004, a copy of this SIA, a copy of the Final Plat, and a copy o f the MeGarvey Subdivision GMQS Exemptions approval signed by the Community Development Director and dated May 17, 2004. 2. All conditions of approval from the Ordinance printed on the cover page of the building permit plan set. 3. A completed tap permit for service with the Aspen Consolidated Sanitation District. 4. A tree removal permit, as required by the City Parks Department, including a landscape plan identifying trees for removal and means o f mitigation. Approval is required from the Parks Director for off-site replacement or mitigation of any removed trees. The landscaping plan submitted with the building permit application should have been approved by the Parks Department and include landscaping o f the Fourth Street right-o f-way adj acent to the property. Landscaping in the right-o f-way can be used as mitigation o f any trees removed from the property. 5. A drainage plan, including an erosion control plan, prepared by a Colorado licensed Civil Engineer; said plan must provide for maintaining sediment and debris on-site during and after construction. If a ground recharge system is required, a soil percolation report will be required to correctly size the facility. A 2-year storm frequency should be used in designing any drainage improvements. 6. A signed letter from the primary contractor to the Director of the Community % McGarvey Subdivision S.1.|~ Page 3 Of 7 Development Department stating that the conditions o f approval have been read and understood. 7. Prior to issuance of a building permit for each residence within the Project, Owner shall pay a proportionate amount o f all applicable impact fees (Park Development Impact fees for any additional bedrooms that are added above and beyond what currently exists on the property, and cash-in-lieu o f School Land Dedication), as well as all applicable tap fees and building permit fees. If an alternative agreement to delay payment o f Water Tap and/or Parks Impact fees is finalized, those fees shall be payable according to the agreement. 8. An outdoor lighting plan demonstrating compliance with the requirements of Section 26.575.150, Outdoor Lighting, of the Land Use Code. 9. Plans demonstrating adequate area for snow storage completely on-site and not in the public alley. 10. A full set of construction management plans that are consistent with the City Construction Management Plan Guidelines. b. GMOS Exemptions. In accordance with Section 26.470.070.B. of the City of Aspen Land Use Code, mitigation for the construction of each new home shall be required prior to issuance of a building permit for that home. If the owner of a lot in the Project proposes to construct an accessory dwelling unit (ADU) to satisfy this requirement (instead of paying the in-lieu fee) then the ADU shall be completed prior to issuance of a Certificate of Occupancy for the primary residence on that particular lot. If a credit is to be used against any required payment o f cash-in-lieu o f an ADU, documentation of the existing house's floor area must be submitted and reviewed for approval by the City Zoning Officer as part o f the building permit application for the lot seeking to use such a credit. c. Wastewater and Surface Drainage. Owner shall comply with Aspen Consolidated Sanitation District (ACSD) rules, regulations, and specifications, which are on file at the ACSD office. No clear water connections (roof, foundation, perimeter drains) to ACSD lines shall be allowed. The existing sewer service may be able to serve one o f the two lots in the Project; however, a shared sewer service will not be permitted. Each lot shall require its own sewer service. d. Water Service. Owner shall comply with the City o f Aspen Water System Standards, with Title 25, and with applicable standards of Title 8 (Water Conservation and Plumbing Advisory Code) of the Aspen Municipal Code, as required by the City of Aspen Water Department. The existing water tap must be abandoned when the existing structure is demolished. e. Fire Protection. In any residence that contains more than 5,000 gross square feet of floor area, Owner shall install a fire sprinkler system that meets the requirements o f the Fire Marshal. f. Encroachments and Work in the Public Rights Of Wav. To the extent any exist, Owner shall either remove any encroachments into the public rights-of-way or be subject to .. Mc(]arvey Subdivision S.I~~ Page 4 of 7 current encroachment license requirements, as required by the City o f Aspen Engineering Department. Prior to final inspection for a structure on either lot, a new curb shall be installed in place of the North Fourth Street driveway that is to be abandoned For proposed work in public rights-of-way, Owner must receive approval from: â€¢ The City Engineer for design of improvements, including landscaping; â€¢ The Parks Department for vegetation species, tree removal, and/or public trail disturbances; â€¢ The Streets Department for mailboxes and street cuts; and â€¢ The Community Development Department to obtain permits for any work or development, including landscaping, within the public rights-of-way. g. Construction Schedules and Noise. Construction is prohibited on Sundays and between the hours of 7:00 p.m. and 7:00 a.m. on all other days. All noise ordinances shall be abided by. h. Tree Protection. Tree saving construction fences shall be installed around the drip line of any tree or grouping of trees to be preserved. The City Forester or his/her designee must inspect such fencing before any construction activities commence. There shall be no excavation, no storage of construction materials, backfill, equipment, tools or construction traffic inside of the protective fence(s). This fence must be inspected by the city forester or his/her designee before any construction activities are to commence. i. Utilitv Pedestals. Prior to issuance o f a Certificate of Occupancy for a structure on either lot, any utility pedestals in the alley adjacent to the lots should be moved out of the alley right-of-way and onto the property of the adjacent lot. j. Covenant Against Further Subdivision. There shall be no further subdivision of either lot in the Project, and no duplex shall be constructed on either lot. The option to construct an accessory dwelling unit on either or both lots shall be permitted and, for purposes o f this covenant, shall not be construed as a duplex or a subdivision. 5. Recordation. Pursuant to Section 27.480.070(E) of the Aspen Land Use Code, once fully executed, this SIA and the Final Plat shall be recorded in the o ffice of the Pitkin County Clerk and Recorder. Failure on the part o f the Owner to record the plat within one-hundred eighty (180) days following final land use approvals shall render the plat invalid and reconsideration and approval o f the plat by the Planning and Zoning Commission and City Council will be required before its acceptance and recording, unless an extension or waiver is granted by the City for a showing of good cause. 6. Financial Securitv for Public Improvements. In order to secure the performance of the construction and installation of improvements in the public right-o f-way, including landscaping, the Owner shall provide the City with a financial security for the proposed . NicGarvey Subdivision S.I~.~ Page 5 Of 7 improvements. The financial security shall take the form of a letter of credit, cash or other guarantees in a form satisfactory to the City Attorney and shall be submitted to the City prior to the initiation o f construction or the issuance of any building permits. With the first building permit application for either lot in the Project, the Owner shall provide a detailed cost estimate of the improvements for approval by the City. The amount o f the required financial security shall be 110% ofthe estimated cost of the improvements. The guarantee documents shall give the City the unconditional right, upon clear and unequivocal default by the Owner in its obligations to complete the public improvements, to withdraw funds against such security sufficient to complete and pay for installation for such public improvements, or to withdraw funds against such security sufficient to complete and pay for installation for such public improvements. If the improvements have not been completed to the satis faction of the City within one year of the cost estimate, City may require the Owner to adjust the amount o f the financial security for local increases in construction costs. As portions of the improvements are completed, the City shall inspect them, and upon approval and acceptance, shall authorize the release o f the agreed estimated costs for that portion of the improvements, except that10% of the estimated costs of the improvements shall be withheld for the benefit o f the City until (i) all of the improvements have been inspected and accepted by the City, (ii) a two-year maintenance bond has been provided by the Contractor, and (iii) as-builts have been provided (if required). Separate financial securities and maintenance bonds are required for civil R.O.W. improvements (i.e. pipelines, and curbs) and landscaping R.O.W. improvements. 7. Notices. Notices to the parties shall be sent by United States certified mail to the addresses set forth below or to any other address which the parties may substitute in writing. To Owner: JNM Bleeker Street, LLP c/o James N. MeGarvey, Jr., Partner 432 Osceola Avenue Jacksonville Beach, FL 32250 To City of Aspen: City Manager 130 South Galena Street Aspen, CO 81611 With Copy To: City Attorney 130 South Galena Street Aspen, CO 81611 8. Binding Effect. The provisions of this Agreement shall run with and constitute a burden on the land on which the Project is located and shall be binding on and inure to the benefit of the Owner's and the City's successors, personal representatives and assigns. 9. Amendment. The Agreement may be altered or amended only by written instrument executed by the parties. . McGatÂ·vey Subdivision S.l~ Page 6 Of 7 10. Severability. If any of the provisions of this Agreement are determined to be invalid, it shall not affect the remaining provisions hereof. ATTEST: THE CITY OF ASPEN, a municipal corporation A a-ttle.eÂ»=4 Makâ‚¬Â£,U- - - 4-- Kathryn S. koch, City Clerk Helen Klanderud, NEyor APPROVED AS TO FORM: /--711 ntlit John WffrcZs*r, City Attorney OWNER: JNM BLEEKER STREET, LLP By: -,-1- 1_ ~,~~Aes N. McGarvey, Jr., Partner ~- '00<4XX C C (89'92% r j 7 , STATE OF COLORADO ) lica t v COUNTY OF PITKIN ) ''4<~23~262,90 The foregoing instrument was acknowledged before me this Bxhly oGuÂ© I 2004, by Helen Klanderud, Mayor, and Kathryn S. Koch, City Clerk. Witness my hand and official seal. My commission expires: 04.~1/~~0744;0,-.~~--" ~ " J /44otary PubL U . NicGarvey Subdivision S.I~ Page 7 Of 7 STATE OF Flo r (el L j SS. COUNTY OF Dauad ) The foregoing instrument was acknowledged before me this ,25~- day of 49*&+ 2004, by James N. McGarvey, Jr., as Partner in JNM Bleeker Street, LLP. Witness my hand and official seal. . My commission expires: Lfuu-, 4 6(L..7 lyqtary Public t.k-rr,c, ._ 6 1/9 20'fdtÂ·Â· Patricia H Kelley ~*Â£ 6 .4 MY c~MMISSION # DD101492 EXPIRES 14 4: May 21, 2006 Â·Â·Â·:4.~~i:::= BONDED THRU TROY FAIN INSURANCE, INC c:\My Documents\City Applications\MeGarvey\McGarvey SIA .. Ill Co/ RÂ«04 MEMORANDUM TO: Mitch Haas, Haas Land Planning, LLC 8 70 (352 From: James Lindt, Planner UYL _ I)ate: August 16,2004 4 pu Re: MeGarvey Subdivision Plat and Agreement- Community Development Department's Comments Please make the following modifications to the proposed plat: 1. Include a signature block for City Council with the Mayor's signature line. 2. Remove Parks Department Signature Block from plat. 3. Change Lot lA to read Lot 1 and Lot lB to read Lot 2. Change all references accordingly. 4. Obtain all signatures with the exception of the City Community Development Director, Community Development Engineer, Mayor, and Pitkin County Clerk and Recorder prior to submitting two (2) mylar copies to the Community Development Department. A recording fee of $11 is due upon submittal of the mylars. Please make the following modifications to the proposed agreement: 1. Change Lot LA to read Lot 1 and Lot 1 B to read Lot 2 on the first page. Change all references in the agreement accordingly. 2. On page 2, No.4, change reference to Ordinance No. 27,2004 to read Ordinance No. 17, 2004. 3. On page 2, No. 4(a)( 1), change reference to Ordinance No. 20,2003 to read Ordinance No. 17,2004. - - * I. I .ri/54*:*A , SUBDIVISION IMPROVEMENTS AGREEMENT FOR THE MeGARVEY SUBDIVISION THIS AGREEMENT is made this day of , 2004, between JNM Bleeker Street, LLP, a Florida partnership (the "Owner"), and THE,CITY OF ASPEN, a municipal corporation (the "City"). DRAP I RECITALS: WHEREAS, Owner owns that certain real property (the "Property") known as Lot 1, Standberg Lot Split, according to the Plat recorded October 18,1982 in Plat Book 14 at Page 1, located at 433 West Bleeker Street, in the City o f Aspen, County of Pitkin, having a Parcel Identification Number of 2735-124-42-001, and legally described as: Lot 1, Standberg Lot Split, according to the Plat recorded October 18, 1982 in Plat Book 14 at Page 1, City of Aspen, County of Pitkin, State of Colorado; and, 'ttfEREAS, the Property has been re-subdivided into two (2) lots to be known as Lots 1 A and *, McGarvey Subdivision (Amending Lot 1, Standberg Lot Split, according to the plat thereo f recorded in Plat Book 14 at Page 1) for residential development where such development, hereinafter referred to as the "Project", includes: â€¢ Lot 1A, at the southeast corner o f West Bleeker Street and North Fourth Street, contains approximately 7,500 square feet for development of a single-family residegge and customary accessory uses; and, â€¢ Lot FS fronts on West Bleeker Street and contains approximately 6,000 square feet for development of a single-family residence and customary accessory uses; and, WHEREAS, pursuant to Ordinance No. 17, Series of 2004 ("Ordinance"), the City Council granted Subdivision approval for the Proj ect; and, WHEREAS, the City and the Owner wish to enter into a Subdivision Improvements Agreement (hereinafter "SIA") for the Project; and, WHEREAS, Owner has submitted to the City for approval, execution and recordation, a final plat for the Project (the "Plat") and the City agrees to approve, execute and record the Plat at Owner's expense, subject to the provisions of the Municipal Code of the City of Aspen (the "Code"), the Ordinance, and other applicable rules and regulations; and, WIIEREAS, Owner is willing to enter into such SIA with the City and to provide assurances to the City subject to the terms and provisions set forth below. NOW, THEREFORE, in consideration o f the mutual covenants contained herein, and the approval, execution and acceptance of the Plat for recordation by the City, it is agreed as follows: ' McGarvey Subdivision S. i.~ Page 2 Of 7 . 117, .7 DRAY , 1. Description of Proiect. Refer to the second "Whereas" statement, above. 2. Redevelopment and Dimensional Requirements. As set forth in Condition 2, Section 1 of the Ordinance, the existing house on the Property need not be demolished to accommodate the newly created lot boundaries and the existing encroachments into the side yard setbacks may continue to exist for the li fe of the original structure only. Unless variances are duly obtained, the residences to be developed on the lots shall meet the R-6 Zone District's dimensional requirements with respect to the newly created lot boundaries and setbacks and comply with the City o f Aspen residential design standards. If, prior to redevelopment, the zoning designation of the Property is amended by the City Council, development o f the Property shall be subject to the dimensional requirements of the then applicable zone district. Construction o f a house on the second lot shall only be possible i f the existing house is removed. 3. Acceptance o f Plat. Upon execution o f this Agreement by the parties hereto, the City agrees to approve and execute the Final Plat for the Proj ect submitted herewith, which conforms to the plat requirements o f the Code and the Ordinance. The City agrees to accept such Plat for recording in the office of the Pitkin County Clerk and Recorder upon Owner' s payment o f the recordation fee. 4. Development Requirements. The following development requirements will be satisfied by Owner pursuant to Ordinance No. 17, Series of 2004. a. Building Permit Plan Requirements. In addition to standard requirements, building permit applications for any lot in the Project shall include: 1. A copy of Ordinance No. %0, Series of 2003~ a copy of this SIA, a copy of the Final Plat, and a copy o f the MeGarvey Subdivision GMQS Exemptions approval signed by the Community Development Director and dated May 17, 2004. 2. All conditions of approval from the Ordinance printed on the cover page of the building permit plan set. 3. A completed tap permit for service with the Aspen Consolidated Sanitation District. 4. A tree removal permit, as required by the City Parks Department, including a landscape plan identifying trees for removal and means of mitigation. Approval is required from the Parks Director for o ff-site replacement or mitigation o f any removed trees. The landscaping plan submitted with the building permit application should have been approved by the Parks Department and include landscaping of the Fourth Street right-of-way adjacent to the property. Landscaping in the right-of-way can be used as mitigation of any trees removed from the property. 5. A drainage plan, including an erosion control plan, prepared by a Colorado licensed Civil Engineer; said plan must provide for maintaining sediment and debris on-site during and after construction. If a ground recharge system is required, a soil percolation report will be required to correctly size the facility. A 2-year storm frequency should be used in designing any drainage improvements. 6. A signed letter from the primary contractor to the Director of the Community . McGarvey Subdivision S.I.~ Page 3 of 7 DR -T O Development Department stating that the conditions o f approval have been read and understood. 7. Prior to issuance of a building permit for each residence within the Project, Owner shall pay a proportionate amount o f all applicable impact fees (Park Development Impact fees for any additional bedrooms that are added above and beyond what currently exists on the property, and cash-in-lieu of School Land Dedication), as well as all applicable tap fees and building permit fees. If an alternative agreement to delay payment o f Water Tap and/or Parks Impact fees is finalized, those fees shall be payable according to the agreement. 8. An outdoor lighting plan demonstrating compliance with the requirements of Section 26.575.150, Outdoor Lighting, ofthe Land Use Code. 9. Plans demonstrating adequate area for snow storage completely on-site and not in the public alley. 10. A full set o f construction management plans that are consistent with the City Construction Management Plan Guidelines. b. GMOS Exemptions. In accordance with Section 26.470.070.B. of the City of Aspen Land Use Code, mitigation for the construction o f each new home shall be required prior to issuance of a building permit for that home. If the owner of a lot in the Project proposes to construct an accessory dwelling unit (ADU) to satisfy this requirement (instead o f paying the in-lieu fee) then the ADU shall be completed prior to issuance o f a Certificate of Occupancy for the primary residence on that particular lot. If a credit is to be used against any required payment o f cash-in-lieu of an ADU, documentation o f the existing house's floor area must be submitted and reviewed for approval by the City Zoning Officer as part of the building permit application for the lot seeking to use such a credit. c. Wastewater and Surface Drainage. Owner shall comply with Aspen Consolidated Sanitation District (ACSD) rules, regulations, and specifications, which are on file at the ACSD office. No clear water connections (roof, foundation, perimeter drains) to ACSD lines shall be allowed. The existing sewer service may be able to serve one of the two lots in the Project; however, a shared sewer service will not be permitted. Each lot shall require its own sewer service. d. Water Service. Owner shall comply with the City o f Aspen Water System Standards, with Title 25, and with applicable standards of Title 8 (Water Conservation and Plumbing Advisory Code) of the Aspen Municipal Code, as required by the City o f Aspen Water Department. The existing water tap must be abandoned when the existing structure is demolished. e. Fire Protection. In any residence that contains more than 5,000 gross square feet of floor area, Owner shall install a fire sprinkler system that meets the requirements o f the Fire Marshal. f. Encroachments and Work in the Public Rights Of Way. To the extent any exist, Owner shall either remove any encroachments into the public rights-of-way or be subject to McGarvey Subdivision 3/./ DRAPÂ» Page 4 Of 7 current encroachment license requirements, as required by the City o f Aspen Engineering Department. Prior to final inspection for a structure on either lot, a new curb shall be installed in place o f the North Fourth Street driveway that is to be abandoned For proposed work in public rights-of-way, Owner must receive approval from: â€¢ The City Engineer for design of improvements, including landscaping; â€¢ The Parks Department for vegetation species, tree removal, and/or public trail disturbances; â€¢ The Streets Department for mailboxes and street cuts; and â€¢ The Community Development Department to obtain permits for any work or development, including landscaping, within the public rights-of-way. g. Construction Schedules and Noise. Construction is prohibited on Sundays and between the hours of 7:00 p.m. and 7:00 a.m. on all other days. All noise ordinances shall be abided by. h. Tree Protection. Tree saving construction fences shall be installed around the drip line of any tree or grouping of trees to be preserved. The City Forester or his/her designee must inspect such fencing before any construction activities commence. There shall be no excavation, no storage of construction materials, backfill, equipment, tools or construction traffic inside of the protective fence(s). This fence must be inspected by the city forester or his/her designee before any construction activities are to commence. i. Utility Pedestals. Prior to issuance o f a Certificate o f Occupancy for a structure on either lot, any utility pedestals in the alley adjacent to the lots should be moved out of the alley right-of-way and onto the property of the adjacent lot. j. Covenant Against Further Subdivision. There shall be no further subdivision of either lot in the Project, and no duplex shall be constructed on either lot. The option to construct an accessory dwelling unit on either or both lots shall be permitted and, for purposes o f this covenant, shall not be construed as a duplex or a subdivision. 5. Recordation. Pursuant to Section 27.480.070(E) of the Aspen Land Use Code, once fully executed, this SIA and the Final Plat shall be recorded in the office of the Pitkin County Clerk and Recorder. Failure on the part of the Owner to record the plat within one-hundred eighty (180) days following final land use approvals shall render the plat invalid and reconsideration and approval o f the plat by the Planning and Zoning Commission and City Council will be required before its acceptance and recording, unless an extension or waiver is granted by the City for a showing of good cause. 6. Financial Security for Public Improvements. In order to secure the performance of the construction and installation o f improvements in the public right-of-way, including landscaping, the Owner shall provide the City with a financial security for the proposed McGarvey Subdivision S. L~ Page 5 Of 7 improvements. The financial security shall take the form of a letter of credit, cash or other guarantees in a form satisfactory to the City Attorney and shall be submitted to the City prior to the initiation o f construction or the issuance o f any building permits. With the first building permit application for either lot in the Project, the Owner shall provide a detailed cost estimate of the improvements for approval by the City. The amount o f the required financial security shall be 110% of the estimated cost of the improvements. The guarantee documents shall give the City the unconditional right, upon clear and unequivocal default by the Owner in its obligations to complete the public improvements, to withdraw funds against such security sufficient to complete and pay for installation for such public improvements, or to withdraw funds against such security sufficient to complete and pay for installation for such public improvements. If the improvements have not been completed to the satisfaction of the City within one year of the cost estimate, City may require the Owner to adjust the amount o f the financial security for local increases in construction costs. As portions o f the improvements are completed, the City shall inspect them, and upon approval and acceptance, shall authorize the release o f the agreed estimated costs for that portion of the improvements, except that10% of the estimated costs of the improvements shall be withheld for the benefit of the City until (i) all o f the improvements have been inspected and accepted by the City, (ii) a two-year maintenance bond has been provided by the Contractor, and (iii) as-builts have been provided (i f required). Separate financial securities and maintenance bonds are required for civil R.O.W. improvements (i.e. pipelines, and curbs) and landscaping R.O.W. improvements. 7. Notices. Notices to the parties shall be sent by United States certified mail to the addresses set forth below or to any other address which the parties may substitute in writing. To Owner: JNM Bleeker Street, LLP c/o James N. McGarvey, Jr., Partner 432 Osceola Avenue Jacksonville Beach, FL 32250 To City of Aspen: City Manager 130 South Galena Street Aspen, CO 81611 With Copy To: City Attorney 130 South Galena Street Aspen, CO 81611 8. Binding Effect. The provisions of this Agreement shall run with and constitute a burden on the land on which the Project is located and shall be binding on and inure to the benefit o f the Owner's and the City's successors, personal representatives and assigns. 9. Amendment. The Agreement may be altered or amended only by written instrument executed by the parties. . McGarvey Subdivision S.I.~ Page 6 of 7 10. Severability. If any of the provisions of this Agreement are determined to be invalid, it shall not affect the remaining provisions hereof. ATTEST: THE CITY OF ASPEN, a municipal corporation Kathryn S. Koch, City Clerk Helen Klanderud, Mayor APPROVED AS TO FORM: John Worcester, City Attorney 09.'Al OWNER: JNM BLEEKER STREET, LLP By: James N. McGarvey, Jr., Partner STATE OF COLORADO ) SS. COUNTY OF PITKIN ) The foregoing instrument was acknowledged before me this day of 2004, by Helen Klanderud, Mayor, and Kathryn S. Koch, City Clerk. Witness my hand and official seal. My commission expires: Notary Public McGarvey Sitbdivision S.I~~ Page 7 of 7 STATE OF ) COUNTY OF r.0,-le The foregoing instrument was acknowledged before me this day of 2004, by James N. MeGarvey, Jr., as Partner in JNM Bleeker Street, LLP. Witness my hand and official seal. My commission expires: Notary Public c:\My Documents\City Applications\MeGarvey\MeGarvey SIA ./ I avv /,16/l#PED 'Re four . (bAWâ‚¬)0,0,1 06 ORDINANCE NO. 12, (SERIES OF 2004) AN ORDINANCE OF THE ASPEN CITY COUNCIL APPROVING A SUBDIVISION FOR THE PROPERTY AT 433 WEST BLEEKER STREET, LEGALLY DESCRIBED AS LOT 1 STRANDBERG LOT SPLIT A/KJA LOTS A- D & W V LOT E, BLOCK 37, TOWNSITE OF ASPEN, CITY OF ASPEN, PITKIN COUNTY, COLORADO. Parcel ID: 2735-124-42-001 WHEREAS, the Community Development Department received an application from JNM Bleeker Street, LLP (c/o James MeGarvey, Jr., Partner), represented by Haas Land Planning, LLC for Subdivision and Growth Management Quota System (GMQS) Exemption to subdivide an existing lot into two single-family lots and utilize the development rights from the demolished, existing single-family residence to construct two single-family residences; and, WHEREAS, the Community Development Department received referral comments from the Aspen Consolidated Sanitation District, City Engineering, Building Department, Fire, Streets, Parks and Water Departments as a result of the Development Review Committee meeting; and, WHEREAS, said referral agencies and the Aspen Community Development Department reviewed the proposed plan for Subdivision and Growth Management Quota System (GMQS) Exemptions and recommended approval with conditions; and, WHEREAS, pursuant to Section 26.480 of the Land Use Code, Subdivision approval may be granted by the City Council at a duly noticed public hearing after considering recommendations by the Planning and Zoning Commission, the Community Development Director, and relevant referral agencies; and, WHEREAS, pursuant to Section 26.470 of the Land Use Code, GMQS Exemption approval may be granted by the Community Development Director and, because the requested GMQS Exemption complied with the applicable review criteria, the Director granted such approval; and, WHEREAS, the Subdivision review by the Planning and Zoning Commission requires a public hearing and this application was reviewed at a public hearing where the recommendations of the Community Development Director and comments from the public were heard; and, WHEREAS, during a regular meeting on April 20, 2004, the Planning and Zoning Commission opened a duly noticed public hearing to consider the project and where, by a four to one (4-1) vote, recommended City Council approve the Subdivision, with the findings and conditions listed hereinafter; and, .. WHEREAS, the City of Aspen City Council finds that the development proposal meets or exceeds all applicable development standards and that the approval of the development proposal, with conditions, is consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS, the City of Aspen City Council reviewed and considered the development proposal at a public hearing on June 28,2004 and, by a vote of to (_ -_), approved this Ordinance (on Second Reading) for Subdivision; NOW, THEREFORE BE IT RESOLVED BY THE ASPEN CITY COUNCIL THAT: Section 1: The MeGarvey Subdivision is hereby approved, subject to the following conditions: 1. Prior to issuance of a building permit: a. Park Dedication fees shall be paid for any additional bedrooms that are added above and beyond what currently exists on the site. b. Cash in lieu of school land dedication shall be paid. c. Both of the new single-family residences shall demonstrate their compliance with the Residential Design Standards or any needed variances shall be obtained. d. An outdoor lighting plan for each residence shall be submitted. e. All tap fees, impacts fees, and building permit fees shall be paid. f. Plans shall be submitted showing adequate area for snow storage completely on-site and not in the public alley. g. An approved tree permit is required from the City Forester. An approved tree permit requires a proposed landscape plan identifying trees for removal and means o f mitigation. h. Based on the mitigation for tree removal, an approved landscape plan will need to be submitted to the Parks Department. The building permit landscaping plan should include landscaping o f the Fourth Street right-of-way adj acent to the property. i. Mitigation shall be required in accordance with Section 26.470.070.B of the City of Aspen Land Use Code (if the applicant proposes to construct an accessory dwelling unit instead of paying the fee in lieu to satisfy this requirement, then the ADU shall be completed prior to issuance of a Certificate of Occupancy for the primary structure on that particular parcel). Documentation of the existing house's floor area must be submitted and reviewed by the City Zoning Officer as part o f the building permit i f a credit is to be used against any required payment o f cash-in-lieu of an accessory dwelling unit (ADU). 2. The existing house need not be demolished to accommodate the newly created lot boundaries and the encroachments into the side yard setbacks may continue to exist for the life of the original structure only. Upon redevelopment, all structures on these two (2) lots shall comply with the R-6 Zone District provisions with respect to the - .. newly created lot boundaries and setbacks. Construction of a house on the second lot shall only be possible if the existing house is removed. The language of this condition shall be noted on the subdivision plat and in the subdivision agreement. 3. Prior to Certificate o f Occupancy for a structure on either lot, any utility pedestals in the alley adjacent to the lots should be moved out of the alley ROW and onto the property of the adjacent lot. 4. A new curb shall be installed in place of the abandoned driveway prior to final inspection for a structure on either lot. 5. Prior to commencement of construction on either lot, a vegetation protection fence shall be erected at the drip line of each individual tree or groupings of trees to be preserved. There shall be no excavation, no storage of construction materials, backfill, equipment, tools or construction traffic inside of the protective fence(s). This fence must be inspected by the city forester or his/her designee before any construction activities are to commence. Submission of a construction management plan, including designation of off-street construction parking, shall be required prior to issuance ofbuilding permit. 6. A subdivision agreement and plat shall be recorded in the office of the Pitkin County Clerk and Recorder within 180 days following City Council approval. 7. The existing sewer service may be able to serve one of the two lots. A shared sewer service will not be allowed. Each lot shall require its own service. 8. Sewer service is contingent upon compliance with the Aspen Consolidated Sanitation District's rules, regulations, and specifications, which are on file at the District office. 9. The existing water tap must be abandoned. Abandonment of the tap shall occur when the existing building is demolished. 10. All uses and construction shall comply with the City of Aspen Water System Standards, with Title 25, and applicable portions of Title 8 (Water Conservation and Plumbing Advisory Code) o f the Aspen Municipal Code as they pertain to utilities. 11. There shall be no further subdivision of either lot created by this approval and no duplex shall be constructed on either lot. The option to construct an Accessory Dwelling Unit on either or both lots shall be permitted and shall not be construed as a duplex or a subdivision. Section 2: This Ordinance shall not effect 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 3: If any section, subsection, sentence, clause, phrase, or portion of this Ordinance 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 ofthe remaining portions thereof. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on this 25th day of May, 2004. ATTEST: Kathryn Koch, City Clerk Helen Kalin Klanderud, Mayor FINALLY, ADOPTED, PASSED, AND APPROVED this 28th day of June, 2004. ATTEST: Kathryn S. Koch, City Clerk Helen Kalin Klanderud, Mayor APPROVED AS TO FORM: John Worcester, City Attorney 1111111'lli l i- 11111Ill 11111 I ii 111 09/01/2004 11:27 501427 Page: 1 of 7 SILVIA DALIS PITKIN COUNTY CO R 36.00 D 0.00 SUBDIVISION IMPROVEMENTS AGREEMENT FOR THE MeGARVEY SUBDIVISION THIS AGREEMENT is made this Z.-,3 day of ~<~1.2-(2,1,2/3 2~ , 2004, between JNM Bleeker Street, LLP, a Florida partnership (the "Owner"),4And THE CITY OF ASPEN, a municipal corporation (the "City"). RECITALS: WHEREAS, Owner owns that certain real property (the "Property") known as Lot 1, Standberg Lot Split, according to the Plat recorded October 18, 1982 in Plat Book 14 at Page 1, located at 433 West Bleeker Street, in the City of Aspen, County of Pitkin, having a Parcel Identification Number of 2735-124-42-001, and legally described as: Lot 1, Standberg Lot Split, according to the Plat recorded October 18, 1982 in Plat Book 14 at Page 1, City of Aspen, County of Pitkin, State of Colorado; and, WHEREAS, the Property has been re-subdivided into two (2) lots to be known as Lots 1 and 2, MeGarvey Subdivision (Amending Lot 1, Standberg Lot Split, according to the plat thereo f recorded in Plat Book 14 at Page 1) for residential development where such development, hereinafter referred to as the "Project", includes: â€¢ Lot 1, at the southeast corner o f West Bleeker Street and North Fourth Street, contains approximately 7,500 square feet for development of a single-family residence and customary accessory uses; and, â€¢ Lot 2 fronts on West Bleeker Street and contains approximately 6,000 square feet for development of a single-family residence and customary accessory uses; and, WHEREAS, pursuant to Ordinance No. 17, Series of 2004 ("Ordinance"), the City Council granted Subdivision approval for the Proj ect; and, WHEREAS, the City and the Owner wish to enter into a Subdivision Improvements Agreement (hereinafter "SIA") for the Project; and, WHEREAS, Owner has submitted to the City for approval, execution and recordation, a final plat for the Project (the "Plat") and the City agrees to approve, execute and record the Plat at Owner's expense, subject to the provisions of the Municipal Code of the City of Aspen (the "Code"), the Ordinance, and other applicable rules and regulations; and, WHEREAS, Owner is willing to enter into such SIA with the City and to provide assurances to the City subject to the terms and provisions set forth below. NOW, THEREFORE, in consideration o f the mutual covenants contained herein, and the approval, execution and acceptance o f the Plat for recordation by the City, it is agreed as follows: McGarvey Subdivision S.LA. 501427 Page 2 of 7 11 U i il i I M 11\11 i ll \ Ii 09/01/2004 11.27 Page: 2 of 7 SILViA DAL.S FI-KIN COU -Y CO R 36.00 D 0.00 1. Description of Proiect. Refer to the second "Whereas" statement, above. 2. Redevelopment and Dimensional Requirements. As set forth in Condition 2, Section 1 of the Ordinance, the existing house on the Property need not be demolished to accommodate the newly created lot boundaries and the existing encroachments into the side yard setbacks may continue to exist for the li fe o f the original structure only. Unless variances are duly obtained, the residences to be developed on the lots shall meet the R-6 Zone District's dimensional requirements with respect to the newly created lot boundaries and setbacks and comply with the City of Aspen residential design standards. If, prior to redevelopment, the zoning designation o f the Property is amended by the City Council, development of the Property shall be subject to the dimensional requirements of the then applicable zone district. Construction of a house on the second lot shall only be possible i f the existing house is removed. 3. Acceptance of Plat. Upon execution o f this Agreement by the parties hereto, the City agrees to approve and execute the Final Plat for the Project submitted herewith, which conforms to the plat requirements of the Code and the Ordinance. The City agrees to accept such Plat for recording in the office o f the Pitkin County Clerk and Recorder upon Owner' s payment o f the recordation fee. 4. Development Requirements. The following development requirements will be satisfied by Owner pursuant to Ordinance No. 17, Series of 2004. a. Building Permit Plan Requirements. In addition to standard requirements, building permit applications for any lot in the Project shall include: 1. A copy of Ordinance No. 17, Series of 2004, a copy of this SIA, a copy of the Final Plat, and a copy o f the McGarvey Subdivision GMQS Exemptions approval signed by the Community Development Director and dated May 17, 2004. 2. All conditions of approval from the Ordinance printed on the cover page of the building permit plan set. 3. A completed tap permit for service with the Aspen Consolidated Sanitation District. 4. A tree removal permit, as required by the City Parks Department, including a landscape plan identifying trees for removal and means of mitigation. Approval is required from the Parks Director for o ff-site replacement or mitigation o f any removed trees. The landscaping plan submitted with the building permit application should have been approved by the Parks Department and include landscaping of the Fourth Street right-of-way adj acent to the property. Landscaping in the right-o f-way can be used as mitigation of any trees removed from the property. 5. A drainage plan, including an erosion control plan, prepared by a Colorado licensed Civil Engineer; said plan must provide for maintaining sediment and debris on-site during and after construction. If a ground recharge system is required, a soil percolation report will be required to correctly size the facility. A 2-year storm frequency should be used in designing any drainage improvements. 6. A signed letter from the primary contractor to the Director of the Community McGarvey Subdivision S.I.A. li ll i--- 111 li l li -11111Ill 11111 111111 09/01/2004 11:27 501427 Page 3 of 7 Page: 3 of 7 SILVIA DAL-S FITKIN C)UNTY CO R 36.00 D 0.00 Development Department stating that the conditions of approval have been read and understood. 7. Prior to issuance of a building permit for each residence within the Project, Owner shall pay a proportionate amount of all applicable impact fees (Park Development Impact fees for any additional bedrooms that are added above and beyond what currently exists on the property, and cash-in-lieu of School Land Dedication), as well as all applicable tap fees and building permit fees. If an alternative agreement to delay payment of Water Tap and/or Parks Impact fees is finalized, those fees shall be payable according to the agreement. 8. An outdoor lighting plan demonstrating compliance with the requirements of Section 26.575.150, Outdoor Lighting, of the Land Use Code. 9. Plans demonstrating adequate area for snow storage completely on-site and not in the public alley. 10. A full set o f construction management plans that are consistent with the City Construction Management Plan Guidelines. b. GMOS Exemptions. In accordance with Section 26.470.070.B. of the City of Aspen Land Use Code, mitigation for the construction o f each new home shall be required prior to issuance of a building permit for that home. If the owner of a lot in the Project proposes to construct an accessory dwelling unit (ADU) to satisfy this requirement (instead of paying the in-lieu fee) then the ADU shall be completed prior to issuance of a Certificate of Occupancy for the primary residence on that particular lot. If a credit is to be used against any required payment o f cash-in-lieu o f an ADU, documentation o f the existing house' s floor area must be submitted and reviewed for approval by the City Zoning Officer as part of the building permit application for the lot seeking to use such a credit. c. Wastewater and Surface Drainage. Owner shall comply with Aspen Consolidated Sanitation District (ACSD) rules, regulations, and specifications, which are on file at the ACSD office. No clear water connections (roof, foundation, perimeter drains) to ACSD lines shall be allowed. The existing sewer service may be able to serve one of the two lots in the Project; however, a shared sewer service will not be permitted. Each lot shall require its own sewer service. d. Water Service. Owner shall comply with the City o f Aspen Water System Standards, with Title 25, and with applicable standards of Title 8 (Water Conservation and Plumbing Advisory Code) o f the Aspen Municipal Code, as required by the City o f Aspen Water Department. The existing water tap must be abandoned when the existing structure is demolished. e. Fire Protection. In any residence that contains more than 5,000 gross square feet of floor area, Owner shall install a fire sprinkler system that meets the requirements o f the Fire Marshal. f. Encroachments and Work in the Public Rights Of Way. To the extent any exist, Owner shall either remove any encroachments into the public rights-of-way or be subject to McGarvey Subdivision S. I.A. 111111111 1 lilli 11111111111111 111 lili 09/01/2004 11:27 501427 Page 4 of 7 Page: 4 of 7 S.LVIA DAVIS Fi-KIN COUN-Y CO R 36.00 D 0.00 current encroachment license requirements, as required by the City of Aspen Engineering Department. Prior to final inspection for a structure on either lot, a new curb shall be installed in place o f the North Fourth Street driveway that is to be abandoned For proposed work in public rights-of-way, Owner must receive approval from: â€¢ The City Engineer for design o f improvements, including landscaping; â€¢ The Parks Department for vegetation species, tree removal, and/or public trail disturbances; â€¢ The Streets Department for mailboxes and street cuts; and â€¢ The Community Development Department to obtain permits for any work or development, including landscaping, within the public rights-of-way. g. Construction Schedules and Noise. Construction is prohibited on Sundays and between the hours of 7:00 p.m. and 7:00 a.m. on all other days. All noise ordinances shall be abided by. h. Tree Protection. Tree saving construction fences shall be installed around the drip line of any tree or grouping o f trees to be preserved. The City Forester or his/her designee must inspect such fencing before any construction activities commence. There shall be no excavation, no storage o f construction materials, backfill, equipment, tools or construction traffic inside o f the protective fence(s). This fence must be inspected by the city forester or his/her designee before any construction activities are to commence. i. Utility Pedestals. Prior to issuance of a Certificate of Occupancy for a structure on either lot, any utility pedestals in the alley adjacent to the lots should be moved out of the alley right-of-way and onto the property of the adjacent lot. j. Covenant Against Further Subdivision. There shall be no further subdivision o f either lot in the Project, and no duplex shall be constructed on either lot. The option to construct an accessory dwelling unit on either or both lots shall be permitted and, for purposes o f this covenant, shall not be construed as a duplex or a subdivision. 5. Recordation. Pursuant to Section 27.480.070(E) ofthe Aspen Land Use Code, once fully executed, this SIA and the Final Plat shall be recorded in the office o f the Pitkin County Clerk and Recorder. Failure on the part o f the Owner to record the plat within one-hundred eighty (180) days following final land use approvals shall render the plat invalid and reconsideration and approval o f the plat by the Planning and Zoning Commission and City Council will be required before its acceptance and recording, unless an extension or waiver is granted by the City for a showing of good cause. 6. Financial Security for Public Improvements. In order to secure the performance of the construction and installation o f improvements in the public right-of-way, including landscaping, the Owner shall provide the City with a financial security for the proposed MeGarvey Subdivision S.LA. Page 5 of 7 11 /1 1 1 1 lili//lilli Iwill 501427 Page: 5 of 7 09/01/2004 11:27f SILVIA D \,IS FITKIN COUNTY CO R 36.00 D 0.00 improvements. The financial security shall take the form o f a letter o f credit, cash or other guarantees in a form satisfactory to the City Attorney and shall be submitted to the City prior to the initiation o f construction or the issuance o f any building permits. With the first building permit application for either lot in the Project, the Owner shall provide a detailed cost estimate of the improvements for approval by the City. The amount o f the required financial security shall be 110% of the estimated cost of the improvements. The guarantee documents shall give the City the unconditional right, upon clear and unequivocal default by the Owner in its obligations to complete the public improvements, to withdraw funds against such security sufficient to complete and pay for installation for such public improvements, or to withdraw funds against such security sufficient to complete and pay for installation for such public improvements. If the improvements have not been completed to the satisfaction of the City within one year of the cost estimate, City may require the Owner to adjust the amount of the financial security for local increases in construction costs. As portions o f the improvements are completed, the City shall inspect them, and upon approval and acceptance, shall authorize the release o f the agreed estimated costs for that portion of the improvements, except that10% of the estimated costs of the improvements shall be withheld for the benefit of the City until (i) all o f the improvements have been inspected and accepted by the City, (ii) a two-year maintenance bond has been provided by the Contractor, and (iii) as-builts have been provided (ifrequired). Separate financial securities and maintenance bonds are required for civil R.O.W. improvements (i.e. pipelines, and curbs) and landscaping R.O.W. improvements. 7. Notices. Notices to the parties shall be sent by United States certified mail to the addresses set forth below or to any other address which the parties may substitute in writing. To Owner: JNM Bleeker Street, LLP c/o James N. McGarvey, Jr., Partner 432 Osceola Avenue Jacksonville Beach, FL 32250 To Citv of Aspen: City Manager 130 South Galena Street Aspen, CO 81611 With Copy To: City Attorney 130 South Galena Street Aspen, CO 81611 8. Binding Effect. The provisions of this Agreement shall run with and constitute a burden on the land on which the Project is located and shall be binding on and inure to the benefit of the Owner's and the City's successors, personal representatives and assigns. 9. Amendment. The Agreement may be altered or amended only by written instrument executed by the parties. McGarvey Subdivision S.I.A. Page 6 Of 7 111--11111111---111111111111111111 09/01/2004 11.27{ 501427 Page: 6 of 7 S.LVIA DAVIS Fi-KIN COUN-Y CO R 36.00 D 0.00 10. Severability. If any of the provisions of this Agreement are determined to be invalid, it shall not affect the remaining provisions hereof. ATTEST: THE CITY OF ASPEN, a municipal corporation dwi 1~444 OU ,#< ALL <44 kb~.-C Kathryn S. 4ch, City Clerk Helen Klandenif,7~yor APPROVED AS TO FORM: ~ int t.ct> demilfoke@ter, City Attorney OWNER: JNM BLEEKER STREET, LLP Bil k b jAN f 1/ /fames N. McGarvey, Jr., Partner~/ 1 ll u ./423.L-9.4*4~ M *i STATE OF COLORADO ) 5 ~ JACIOE ~ ~ SS. M LOTHIAN COUNTY OF PITKIN ) MS... / . ................C tty 3 OF co\82/ The foregoing instrument was acldiSWFâ‚¬#Ed before me this.~ of~U~U,~~ 2004, by Helen Klanderud, Mayor, and Kathryn S. Koch, City Clerk. U Witness my hand and official seal. My commission expires: 041 12~1,01-7,4,-u*dZCJ Public McGarvey Subdivision S.LA. Page 7 Of 7 m [ H Il- il I -1-1 li 1~~ iliti illi i li 09/01/2004 11:27 501427 Page: 7 of 7 SIL\,IA DAMIS FITKIN -)U T-r CO R 36.00 D 0.00 STATE OF Flon'd 4- ) SS. COUNTY OF Dwal , The foregoing instrument was acknowledged before me this 46 day of 445.5+ 2004, by James N. MeGarvey, Jr., as Partner in JNM Bleeker Street, LLP. Witness my hand and official seal. ~) My commission expires: 43&=- Â¢ 3~16+ Notary Public , 1 4 9 --TAAÂ·ric U. A . Patricia H Kelley 2.43,4 MYCOMMISSION# DD101492 EXMRES May 21, 2006 14::64 BONDED THRU TROY FAIN INSURANCE INC c:\My Documents\City Applications\MeGarvey\MeGarvey SIA ASDEN CITY OF 501426 130 S GALENA ST ASPEN CO 81011 CLERK t PLEASE RETURN TO CITY CLERK : 130 S. G.LENA ASPEN, CO 81611 I I ' ' FINAL PLAT ' ' MCGARVEY SUBDIVISION Drain END - *tâ€žy .4 Cleanout '* :_ 93*1 6 Elec Meter ' GOLF COUR Fire Hydront Gas Meter ' Elec. Box Well , ...MI.- C = 3 13 HAS BEEN PREPARED PURSUANT TO ICIL ORDINANCE NUMBER 17 (SERIES VISION AGREEMENT RECORDED AS . THE LANDS AFFECTED IBY THIS ND CONDITIONS OF SAID ORDINANCE, ili:Adf THE SUBDIVISION AGREEMENT, AND .ATIONS OF THE CITY OF ASPEN. THE D AS COVENANITS BURDENING TIHE ,INANCE, SAID ,AGREEMENT, AND OF =5581 AMENDS LOT 1, STRANDBERG LOT 21*1 EOF RECORDED IN PLAT BOOK 14, AT LOT SPET IS NOT PART OF THIS MY SUBDIVISION. E DEMOLISHED TO ACCOMMODATE THE D THE ENCROACHMENTS INTO TIHE TO EXIST FOR THE LIFE OF THE TING RESIDENTIAL STRUCTUIRE HED PRIOR TO DEVELOPMENT OF THE tEDEVELOPMENT, ALL STRUCTURES ON WITH THE R-6 ZONE DISTRICT EWLY CREATED LOT BOUNDARIES AND )ULY OBTAINED. 3 SHALL BE SUBJECT TO THE TERMS 070(B) OF THE ASPEN LAND USE )M TIME TO TIME. 3DIVISION OF EITHER LOT IN THE .EX SHALL BE CONSTRUCTED ON :VEY IS A BEARING OF S.75'09'11"E - LOT l A, AND THE INORTHEAST BEING MONUMENTED AS SHOWN ) LAW, YOU MUST COMMENCE ANY ECT IN THIS SURVEY MTHIN THREE (3) EFECT. IN NO EVENT MAY ANY ACTION IRVEY BE COMMENCED MORE THAN CERTIFICATION SHOWN HEREON RESPONSIBLE FOR ANY CHANGES EAVES OUR POSSESSION. ANY COPY, MUST BE COMPARED TO THE ORIGINAL VT TO INSURE THE ACCURACY OF THE :OPY, AND TO INSURE THAT NO SUCH ENT A TITLE SEARCH BY RIVER ICITY RSHIP OR EASEMENTS OF RECORD. ALL UNG OWNERSHIP, EASEMENTS AND 'AS OBTAINED FROM, AND SUBJECT TO 'ITKIN COUNTY TITLE, INC., CASE NO. 04. 4RED ON A PRELIMINARY EBASIS, AND HAS BEEN PERFORMED BY RIVER CITY S INDICATED HEREON ARE BASE) E SUBJECT PROPERTY AN[D' LOCATIONS d FIED AT TH]S TIME. 4 0 .4,: ..i.- Â· Â· ,Â·. --33*Â·43#,tiFEA,i:'14!:'1Â·fÂ¥;0 k .,9 FÂ·,e, < y: IERSHIP NTS THAT JNNII BLEEKER STREEL LLP, OR UEN HOLDERS OF ALL THAT REAL OF PITKI'N, STATE OF COLORADO, SAID )WS: AND TOWNSITE OF ASPEN, COUNTY OF IWN ON THAT PLAT THEREOF = 1 (RECEPTION NO. 244854) OF THE 1 CONTAINING 13,500 SQWARE FEET SAID REAL PROPERTY TO IBE LAID CY SUBDIVISION, A SUBDIVISION OF A Y 'OF PITKIN, STATE OF COLORADO. ,A.D. ~ARTNER, KER STREET, LLP NOWLEDGED BEFORE ME : PREPAREP::EOR:.44~444 ti ~ .~7(, e:44 . tâ€¢>,4 .AMBLEEKSe 571ECUP ~'C:~l:': Â¢ -Â· â‚¬61**400#MRs N.:Pic#veg:*.. 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AÂ» 1,7 1 ~ , . . 1 I /92&41 . . .... . .4, ...." .. ./ 1.2. 1 â€¢ .... . 4 .... .. /0. T 04 I. 4. 3. : A - ./ , t .. ORDINANCE N0. 17, (SERIES OF 2004) gat-4, Ckrta Â·Cr'.5,~Attli fict,Â£1~r-~ AN ORDINANCE OF THE ASPEN CITY COUNCIL APPROVING A SUBDIVISION FOR THE PROPERTY AT 433 WEST BLEEKER STREET, LEGALLY DESCRIBED AS LOT 1 STRANDBERG LOT SPLIT A/K/A LOTS A- D & W 1/2 LOT E, BLOCK 37, TOWNSITE OF ASPEN, CITY OF ASPEN, PITKIN COUNTY, COLORADO. Parcel ID: 2735-124-42-001 WHEREAS, the Community Development Department received an application from JNM Bleeker Street, LLP (c/o James MeGarvey. Jr., Partner), represented by Ilaas Land Planning. LLC for Subdivision and Growth Management Quota System (GMQS) Exemption to subdivide an existing lot into two single-family lots and utilize the development rights from the demolished, existing single-family residence to construct two single-family residences; and, WHEREAS, the Community Development Department received referral comments from the Aspen Consolidated Sanitation District, City Engineering. Building Department, Fire, Streets, Parks and Water Departments as a result of the Development Review Committee meeting; and, WHEREAS, said referral agencies and the Aspen Community Development Department reviewed the proposed plan for Subdivision and Growth Management Quota System (GMQS) Exemptions and recommended approval with conditions; and. WHEREAS, pursuant to Section 26.480 of the Land Use Code, Subdivision approval may be granted by the City Council at a duly noticed public hearing after considering recommendations by the Planning and Zoning Commission, the Community Development Director, and relevant referral agencies; and, WHEREAS, pursuant to Section 26.470 of the Land Use Code, GMQS Exemption approval may be granted by the Community Development Director and, because the requested GMQS Exemption complied with the applicable review criteria, the Director granted such approval; and, WHEREAS, the Subdivision review by the Planning and Zoning Commission requires a public hearing and this application was reviewed at a public hearing where the recommendations of the Community Development Director and comments from the public were heard; and, WHEREAS, during a regular meeting on April 20, 2004, the Planning and Zoning Commission opened a duly noticed public hearing to consider the project and where. by a four to one (4-1) vote, recommended City Council approve the Subdivision, with the findings and conditions listed hereinafter; and, WHEREAS, the City of Aspen City Council finds that the development proposal meets or exceeds all applicable development standards and that the approval of the development proposal, with conditions, is consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS, the City of Aspen City Council reviewed and considered the development proposal at a public hearing on June 28,2004 and, by a vote of to (- - _). approved this Ordinance (on Second Reading) for Subdivision; NOW, THEREFORE BE IT RESOLVED BY THE ASPEN CITY COUNCIL THAT: Section 1: The MeGarvey Subdivision is hereby approved. subject to the following conditions: 1. Prior to issuance of a building permit: a. Park Dedication fees shall be paid for any additional bedrooms that are added above and beyond what currently exists on the site. b. Cash in lieu of school land dedication shall be paid. c. Both of the new single-family residences shall demonstrate their compliance with the Residential Design Standards or any needed variances shall be obtained. d. An outdoor lighting plan for each residence shall be submitted. e. All tap fees. impacts fees. and building permit fees shall be paid. f. Plans shall be submitted showing adequate area for snow storage completely on-site and not in the public alley. g. An approved tree permit is required from the City Forester. An approved tree permit requires a proposed landscape plan identifying trees for removal and means of mitigation. h. Based on the mitigation for tree removal, an approved landscape plan will need to be submitted to the Parks Department. The building permit landscaping plan should include landscaping of the Fourth Street right-of-way adjacent to the property. i. Mitigation shall be required in accordance with Section 26.470.070.B of the City of Aspen Land Use Code (if the applicant proposes to construct an accessory dwelling unit instead of paying the fee in lieu to satisfy this requirement, then the ADU shall be completed prior to issuance of a Certificate of Occupancy for the primary structure on that particular parcel). Documentation of the existing house's floor area must be submitted and reviewed by the City Zoning Officer as part of the building permit i f a credit is to be used against any required payment of cash-in-lieu of an accessory dwelling unit (ADU). 2. The existing house need not be demolished to accommodate the newly created lot boundaries and the encroachments into the side yard setbacks may continue to exist for the life of the original structure only. Upon redevelopment, all structures on these two (2) lots shall comply with the R-6 Zone District provisions with respect to the newly created lot boundaries and setbacks. Construction of a house on the second lot shall only be possible if the existing house is removed. The language of this condition shall be noted on the subdivision plat and in the subdivision agreement. 3. Prior to Certificate of Occupancy for a structure on either lot, any utility pedestals in the alley adjacent to the lots should be moved out of the alley ROW and onto the property ofthe adjacent lot. 4. A new curb shall be installed in place of the abandoned driveway prior to final inspection fur a structure on either lot. 5. Prior to commencement of construction on either lot, a vegetation protection fence shall be erected at the drip line of each individual tree or groupings of trees to be preserved. There shall be no excavation, no storage of construction materials, backfill. equipment, tools or construction traffic inside of the protective fence(s). This fence must be inspected by the city forester or his/her designee before any construction activities are to commence. Submission of a construction management plan, including designation of off-street construction parking, shall be required prior to issuance of building permit. 6. A subdivision agreement and plat shall be recorded in the office of the Pitkin County Clerk and Recorder within 180 days following City Council approval. 7. The existing sewer service may be able to serve one of the two lots. A shared sewer service will not be allowed. Each lot shall require its own service. 8. Sewer service is contingent upon compliance with the Aspen Consolidated Sanitation District's rules, regulations, and specifications, which are on file at the District office. 9. The existing water tap must be abandoned. Abandonment of the tap shall occur when the existing building is demolished. 10. All uses and construction shall comply with the City of Aspen Water System Standards, with Title 25, and applicable portions of Title 8 (Water Conservation and Plumbing Advisory Code) of the Aspen Municipal Code as they pertain to utilities. 11. There shall be no further subdivision of either lot created by this approval and no duplex shall be constructed on either lot. The option to construct an Accessory Dwelling Unit on either or both lots shall be permitted and shall not be construed as a duplex or a subdivision. Section 2: This Ordinance shall not effect 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 3: If any section, subsection, sentence, clause, phrase, or portion of this Ordinance 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. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City th Council of the City of Aspen on this 25 day of May, 2004. ATTEST: Kathryn Koch. City Clerk Helen Kalin Klanderud, Mayor FINALLY, ADOPTED, PASSED, AND APPROVED this 28111 day of June, 2004. ATTEST: Kathryn S. Koch. City Clerk Helen Kalin Klanderud, Mayor APPROVED AS TO FORM: John Worcester, City Attorney .. DEVELOPMENT ORDER Of the City of Aspen Community Development Department This Development Order, hereinafter "Order", is hereby issued pursuant to Section 26.304.070, "Development Orders", and Section 26.308.010, "Vested Property Rights", of the City of Aspen Municipal Code. This Order allows development of a site-specific development plan pursuant to the provisions of the land use approvals, described herein. The effective date of this Order shall also be the initiation date of a three-year vested property right. The vested property right shall expire on the day after the third anniversary of the effective date of this Order, unless a building permit is approved pursuant to Section 26.304.075, or unless ati exemption, extension, reinstatement. or a revocation is issued by City Council pursuant to Section 26.308.010. After Expiration of vested property rights, this Order shall remain in full force and effect, excluding any growth management allotments granted pursuant to Section 26.470, but shall be subject to any amendments to the Land Use Code adopted since the effective date of this Order. This Development Order is associated with the property noted below for the site-specific development plan as described below: MeGarvey Subdivision, c/o JNM Bleeker Street, LLP (James MeGarvey, Jr., Partner), 432 Osceola Ave., Jacksonville Beach, FL, 32250, (409) 247-9160 Property Owner's Name, Mailing Address and telephone number Lot 1, Strandbere Lot Split a/k/a Lots A-D & W M Lot E, Block 37, Townsite of Aspen, 433 West Bleeker Street, Aspen, CO. Legal Description and Street Address of Subject Property Subdivision and GMOS Exemptions for subdivision of the existing lot into two lots Written Description ofthe Site Specific Plan and/or Attachment Describing Plan Ordinance No. 17-2004, Approved on 6/28/04 Land Use Approval(s) Received and Dates (Attach Final Ordinances or Resolutions) July 17,2004 Effective Date of Development Order (Same as date of publication of notice of approval.) July 17,2007 Expiration Date of Development Order (The extension, reinstatement, exemption from expiration and revocation may be pursued in accordance with Section 26.308.010 of the City of Aspen Municipal Code.) th Issued this 8 day of July 2004, by the City of Aspen Community Dexplopment Director. C 1,4. + -fib J~~#flnn Woods. Community Development Director .. PUBLIC NOTICE Of DEVELOPMENT APPROVAL Notice is hereby given to the general public ofthe approval of a site specific development plan and the creation of a vested property right pursuant to the Land Use Code of the City of Aspen and Title 24, Article 68, Colorado Revised Statutes, pertaining to the following described property: Lot 1, Strandberg Lot Split a/k/a Lots A-D & W 1/2 Lot E, Block 37. Townsite of Aspen, 433 West Bleeker Street, Aspen, CO, 433 West Bleeker Street, Aspen, Co., by Ordinance of the Aspen City Council, numbered 17. For further information contact Scott Woodford at the Aspen/Pitkin Community Development Dept. located at 130 S. Galena St, Aspen, Colorado (970) 920-5102. s/City of Aspen Account Published in The Aspen Times on July 17,2004 ~ - 1 g 1% sv, 1.il, P ~40 7 -7 7 -9 ~ 3 3493 44 9 \Ant#h' (2791413 1 f Â»rrw),2 147 4 Apol 74/7~'* 00 + TAp r':p:ro -'.2.F. 1 101 $9.14,J O."rao 'mo - v"llv %1 J . 9 . ?979 'TA,#J )~ Test Registration Commit Page 3 of 3 .. Home ~ Privacy Policy | Copyright & Terms I For Employees Thomson Learning ~ Site Map https://www.2test.com/PTCRteServ?pts=1082058756120 4/15/2004 A -54 4 Aâ€¢*8 11 ~r ~ 4 (tor( < Co.-4 ORDINANCE N0. 12, (SERIES OF 2004) -\ i 94 4/ / AN ORDINANCE OF THE ASPEN CITY COUNCIL APP11OVING A SUBDIVISION FOR THE PROPERTY AT 433 WEST BLEEKER STREET, LEGALLY DESCRIBED AS LOT 1 STRANDBERG LOT SPLIT A/K/A LOTS A- D & W M LOT E, BLOCK 37, TOWNSITE OF ASPEN, CITY OF ASPEN, PITKIN COUNTY, COLORADO. Parcel ID: 2735-124-42-001 WHEREAS, the Community Development Department received an application from.TNM Bleeker Street. LLP (c/o James MeGarvey. Jr.. Partner). represented by Haas Land Planning. LLC for Subdivision and Growth Management Quota System (GMQS) Exemption to subdivide an existing lot into two single-family lots and utilize the development rights fro 111 the demolished. existing single-family residence to construct two single-family residences; and. WHEREAS, the Community Development Department received referral comments from the Aspen Consolidated Sanitation District. City Engineering, Building Department. Fire. Streets. Parks and Water Departments as a result of the Development Review Committee meeting; and, WHEREAS, said referral agencies and the Aspen Community Development Department reviewed the proposed plan for Subdivision and Growth Management Quota System (GMQS) Exemptions and recommended approval with conditions; and. WHEREAS, pursuant to Section 26.480 of the Land Use Code, Subdivision approval illay be granted by the City Council at a duly noticed public hearing after considering recommendations by the Planning and Zoning Commission, the Community Development Director. and relevant referral agencies; and WHEREAS, pursuant to Section 26.470 of the Land Use Code. GMQS Exemption approval may be granted by the Community Development Director and, because tlie requested GMQS Exemption complied with the applicable review criteria, the Director granted such approval; and. WHEREAS. the Subdivision review by the Planning and Zoning Commission requires a public hearing and this application was reviewed at a public hearing where the recommendations of the Community Development Director and comments from the public were heard: and, WHEREAS, during a regular meeting on April 20, 2004. the Planning and Zoning Commission opened a duly noticed public hearing to consider the project and where, by a four to one (4-1) vote recommended City Council approve the Subdivision, with the findings and conditions listed hereinafter; and, 4 . WHEREAS, the City of Aspen City Council finds that the development proposal meets or exceeds all applicable development standards and that the approval of the development proposal, with coiiditions. is consistent with the goals and elements of the Aspen Area Community Plan; and. WHEREAS, the City of Aspen City Council reviewed and considered the development proposal at a public hearing on June 28.2004 and. by a vote of to L - _). approved this Ordinance (on Second Reading) for Subdivision: NOW, THEREFORE BE IT RESOLVED BY THE ASPEN CITY COUNCIL THAT: Section 1: The MeGarvey Subdivision is hereby approved, subject to the following conditions: 1. Prior to issuance of a building permit: a. Park Dedication fees shall be paid for any additional bedrooms that are added above and beyond what currently exists on the site. b. Cash in lieu of school land dedication shall be paid. c. Both of the new single-family residences shall demonstrate their compliance with the Residential Design Standards or any needed variances shall be obtained. d. An outdoor lighting plan for each residence shall be submitted. e. All tap fees. impacts fees, and building permit fees shall be paid. f. Plans shall be submitted showing adequate area for snow storage completely on-site and not in the public alley. g. An approved tree permit is required from the City Forester. An approved tree permit requires a proposed landscape plan identifying trees for removal and means of mitigation. ]1. Based on the mitigation for tree removal, an approved landscape plan will need to be submitted to the Parks Department. The building permit landscaping plan should include landscaping of the Fourth Street right-of-way adjacent to the property. i. Mitigation shall be required in accordance with Section 26.470.070.8 of the City of Aspen Land Use Code (if the applicant proposes to construct an accessory dâ€žyelling unit instead of paying the fee in lieu to satisfy this requirement, then the ADU shall be completed prior to issuance of a Certificate of Occupancy for the primary structure on that particular parcel). 2. The existing house need not be demolished to accommodate the newly created lot boundaries and the encroachments into the side yard setbacks may continue to exist for the life of the original structure only. Upon redevelopment. all structures on these two (2) lots shall comply with the R-6 Zone District provisions with respect to the 11ewly created lot boundaries and setbacks. The subdivisipn plat_shall grant ,an 1 UU A A ~\02- Pole A .. easeniwilf *La~* for tile existing residence to be maintained across the new lot line a}4Â·shaHluiction--fer-the lifeet the.existing..structure-only.., Construction of a house oii the second lot shall only be possible if the existing house is removed. The documentation of the existing house floor area must be submitted as part of the building permit if a credit is to be used against any required payment of cash-iii-lieu of an accessory dwelling unit (ADU). (Ell,<r 4 li i Â£Â£.11,4-9,~ s 1-(' L< 1.=.1r 6 e. p 14 3. Prior to Certificate of Occupancy for a structure on either lot. any utility pedestals in the alley adjacent to the lots should be moved out of the alley ROW aiid onto the property of the adjacent lot. 4. A new curb is to be installed in place of the abandoned driveway prior to final inspection for a structure on either lot. 5. Prior to commencenient of construction on either lot. a vegetation protection fence shall be erected at the drip line of each individual tree or groupings of trees remaining on site. There shall be no excavation. no storage of construction materials, backfill. equipment. tools or construction traffic inside of the protective fence. This fence must be inspected by the city forester or his/her designee before any construction activities are to commence. Submission of a construction management plan, including designation of off-street construction parking, shall be required prior to issuance of building permit. 6. A subdivision agreement and plat shall be recorded in the office of the Pitkin County' Clerk and Recorder withiii 180 days following City Council approval. 7. The existing sewer service may be able to serve one of the two lots. A shared sewer service will not be allowed. Each lot shall require its own service. 8. Sewer service is contingent upon compliance with the Aspen Consolidated Sanitation District's rules, regulations, and specifications, which are on file at the District office. 9. The existing water tap must be abandoned. Abandonment of the tap shall occur when the existing building is demolished. 10. All uses and construction shall comply with the City of Aspen Water Systeiii Standards. with Title 25. and applicable portions of Title 8 (Water Conservation and Plumbing Advisory Code) of the Aspen Municipal Code as they pertain to utilities. 11. There shall be no further subdivision of either lot created by tliis approval and no duplex shall be constructed on either lot. The option to construct an Accessory Dwelling Unit on either or both lots shall be permitted and shall not be construed as a duplex or a subdivision. Section 2: This Ordinance shall not effect any existing litigation and sliall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or / t .. amended as herein provided and the same shall be conducted and concluded under such prior ordinances. Section 3: lf any section. subsection. sentence. clause. phrase. or portion of this Ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction. such portion shall be deeined a separate. distinct and independent provision and shall not affect the validity of the remaining portions thereof. INTRODUCED, READ AND ORDERED PUBLISHED as provided by laut by the City th Council of the City of Aspen onthis 25 day of May. 2004. ATTEST: Kathryn Koch, City Clerk Helen Kalin I<]anderud, Mayor FINALLY, ADOPTED, PASSED, AND APPROVED this 286 day of June. 2004. ATTEST: Kathryn S. Koch, City Clerk Helen Kalin Klanderud. Mavor APPROVED AS TO FORM: John Worcester, City Attorney 4 .. RESOLUTION NO. 11, (SERIES OF 2004) A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING COMMISSION RECOMMENDING CITY COUNCIL APPROVE A SUBDIVISION AND GROWTH MANAGEMENT QUOTA SYSTEM EXEMPTIONS FOR THE PROPERTY AT 433 WEST BLEEKER STREET, LEGALLY DESCRIBED AS LOT I STRANDBERG LOT SPLIT A/K/A LOTS A- D&WM LOT E, BLOCK 37, TOWNSITE OF ASPEN, CITY OF ASPEN, PITKIN COUNTY, COLORADO. Parcel ID: 2735-124-42-001 WHEREAS, the Community Development Department received an application from JNM Bleeker Street, LLP (c/o James MeGarvey, Jr., Partner), represented by Haas Land Planning, L-LC for Subdivision and Growth Management Quota System (GMQS) Exemption to subdivide an existing lot into two single-family lots and utilize the development rights from the demolished, existing single-family to construct two single- family residences; and, WHEREAS, the Community Developmeiit Department received referral comments from the Aspen Consolidated Sanitation District, City Engineering, Building Department, Fire, Streets, Parks and Water Departments as a result of the Development Review Committee meeting; and, WHEREAS, said referral agencies and the Aspen Community Development Department reviewed the proposed plan for Subdivision and Growth Management Quota System (GMQS) Exemptions and recommended approval with conditions; and, WHEREAS, pursuant to Section 26.480 of the Land Use Code, Subdivision approval may be granted by the City Council at a duly noticed public hearing after considering recommendations by the Planning and Zoning Commission, the Community Development Director, and relevant referral agencies; and, WHEREAS, pursuant to Section 26.570 of the Land Use Code, GMQS Exemption approval may be granted by the Community Development Director; however, according to Section 26.304.060 of the Land Use Code the applicant has agreed to combine this administrative review with the other land use approvals sought; and, WHEREAS, the Subdivision review by the Planning and Zoning Commission requires a public hearing and this application was reviewed at a public hearing where the recommendations of the Conimunity Development Director and comments from the public were heard; and, WHEREAS, during a regular meeting on April 20, 2004, the Planning and Zoning Commission opened a duly noticed public hearing to consider the project and .. where, by a four to one (4 - 1) vote, recommended City Council approve the Subdivision and GMQS Exemptions, with the findings and conditions listed hereinafter; and, NOW, TLIEREFORE BE IT RESOLVED that the Planning and Zoning Commission recommends that the City Council approve the Subdivision and GMQS Exemptions for the property at 433 West Bleeker Street, subject to the conditions listed in Section 1 below. Section 1: The approval is subject to the following conditions: 1. Prior to issuance of a building permit: a. Park Dedication fees shall be paid for any additional bedrooms that are added above and beyond what currently exists on the site. b. Cash in lieu of school land dedication shall be paid. c. Both of the new single-family residences shall demonstrate their compliance with the Residential Design Standards. d. An outdoor lighting plan for each residence shall be submitted. e. All tap fees, impacts fees, and building permit fees shall be paid. f. Plans shall be submitted showing adequate area for snow storage completely on- site and not in the public alley. g. An approved tree permit is required from the City Forester. An approved tree permit requires a proposed landscape plan identifying trees for removal and means ofmitigation. h. Based on the mitigation for tree removal, an approved landscape plan will need to be submitted to the Parks Department. The building permit landscaping plan should include landscaping of the Fourth Street right-of-way adjacent to the property. 2. The existing house need not be demolished to accommodate the newly created lot boundaries and the encroachments into the side yard setbacks may continue to exist for the li fe o f the origiiial structure only. Upon redevelopment, all structures on these two (2) lots shall comply with the R-6 Zone District provisions with respect to the newly created lot boundaries and setbacks. The subdivision plat shall grant an easement to allow for the existing residence to be maintained across the new lot line and shall function for the life of the existing structure only. The documentation of the existing house floor area must be submitted as part of the building permit. 3. Prior to Certificate of Occupancy for a structure on either lot, any pedestals iii the alley adjacent to the lots should be moved out of the alley ROW and onto the property of adjacent lot. 4. A new curb is to be installed in place of the abandoned driveway prior to Certificate of Occupancy for a structure on either lot. .. 5. Prior to commencement of construction on either lot, a vegetation protection fence shall be erected at the drip line of each individual tree or groupings of trees remaining on site. There shall be no excavation, no storage of construction materials, backfill, equipment, tools or construction traffic inside of the protective fence. This fence must be inspected by the city forester or his/her designee before any construction activities are to commence. 6. A subdivision agreement and plat shall be recorded in the office of the Pitkin County Clerk and Recorder within 180 days following City Council approval. 7. The existing sewer service may be able to serve one of the two lots. A shared sewer service will not be allowed. Each lot shall require its own service. 8. Sewer service is contingent upon compliance with the Aspen Consolidated Sanitation District's rules, regulations, and specifications, which are on file at the District office. 9. The existing water tap must be abandoned. Abandonment of the tap shall occur when the existing building is demolished. 10. All uses and construction shall coniply with the City of Aspen Water System Standards, with Title 25, and applicable portions of Title 8 (Water Conservation and Plumbing Advisory Code) of the Aspen Municipal Code as they pertain to utilities. 11. There shall be no further re-subdivision of either lot created by this approval and no duplex shall be constructed on either new lot. The option to construct an Accessory Dwelling Unit on either lot shall be permitted and shall not be construed as a duplex or a subdivision Section 2: This Resolution shall not effect 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 3: 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 provisioii and shall not affect the validity of the remaining portions thereof. .. APPROVED by the Commission at its regular meeting on April 20,2004. APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION: w _1.-2 i _ 2Â»ntle-~7Â»Â£_ Datd Hoefer, Asst. City Attorney Jasmine Tygre, Chair 00 ATTEST: +111 katubb lackie Lothiah, Deputy City Clerk .. MEMORANDUM TO: Mayor Klanderud and Aspen City Council THRU: Julie Ann Woods. Community Development Director ~7-5 FROM: Scott Woodford. City Planne~ / .ND RE: MUGARVEY SUBDIVISION, Z READING, PUBLIC HEARING; St!BDIVISION; ORDINANCE No. 17, SERIES 2004 DATE: June 28,2004 1- ' ...2.,r 'ki Photo of the existing ~Â·Â·Â· ~ ><>4---0-Â·~ -Â· 121Â·Â·Â·Â· .. house on the property ./ taken from Bleeker Street. The house is proposed to be ~ ~*:434 2 E--~~~~,~~~4?Vik - . - demolished and tile lot it ~**2~~i*%442.t~Â§ ~Â·}:~~; t~~734~~~~~~ sits on is to be subdivided into two lots. Otie of the proposed lots ly*Â·4~ j:WyÂ·4*â‚¬* -1 1 1, f,-~ 4, \IM '. 1.:- :, would be in the center of 11 the photograph where the IllHirAW/MAN.2*~ 1 11'.4, 4 1.'. portion of the house are i Iiii sitting. PROJECT: MeGARVEY SUBDIVISION REQUEST SUMMARY: Approval of the Subdivision to subdivide an existing lot into two single- family lots and utilize the development rights from the demolished. existing single-family to construct two single-family residences. - APPLICANT: .INM Bleeker Street, LLP (c/o James MeGarvey, Jr., Partner), represented by Haas Land Planning, LLC P&Z ACTION: Approval with conditions on 4/20/04 (4-1 to approve) Minutes attached ZONE DISTRICT: R-6 (Medium Density Residential) LEGALDESCRIPTION Lot 1 Strandberg Lot Split (a/k/a Lots A-D & W 92 Lot E. Block 37, / ADDRESS: Townsite of Aspen) / 433 West Bleeker Street STAFF APPROVAL OF THE SUBDIVISION WITH CONDITIONS RECOMMENDATION: McGARVEY SUBDIVISION STAFF REPORT PAGE 1 .. PROJECT SLIMMARY: The applicant's proposal is to subdivide the existing 13,500 sq. ft. lot located at the corner of Fourth and West Bleeker Streets into two lots, with newly created Lot 1 A being ~[(1~16;< R-6 zone district is 6,000 sq. ft. per detached residential unit. each new lot will be able to 7.500 sq. ft. in size and new Lot 1 B being 6,000 sq. ft.. As the minimum lot size in the support a single-family residence. The existing one-story brick house on the site may remain for the time being, although it will eventually be demolished to make way for the new structures. The liouse was designed by Ellie Brickham. but it is not listed on the Aspeii Inventory of Historic Landmark Sites and Structures and therefore does not have any special protections from demolition. Per the R-6 zone district standards. the allowed floor area on Lot 1 A would be -14 approximately 3,450 square feet, while Lot 1 B would allow approximately 3.240 sq. ft. for a single-family residence. The applicant is not required to submit designs for the proposed structures on the new lots at this point iii the process, however. the designs will be required to comply with the City's Residential Design Standards. According to the applicant, no variances are anticipated to be necessary to comply with the Residential Design Standards. Compliance with those standards will be determined at time of building permit. Vehicular access to each new lot will be from the alley at the rear, while the existing access off of Fourth Street will be eliminated. All of the mature trees and landscaping ~ltÂ·*~ ~ p,4 will be preserved With the new lot layouts. No sidewalks currently exist around the property, nor are any required with this proposal. as the lot is located in a "no sidewalk" zone as designated On the city sidewalk map. I I APPLIC'ABLE LAND USE SECTIONS: In order to accommodate the above development request, the following land use approvals are required: 1) SUBDIVISION: Section 26.480 of the Code pertains to Subdivision and subdivision 1-eview is required iii this instance for the proposed split of the existing lot into two single-family lots. A lot split is not allowed in this instance as the lot llas been previously subdivided through a lot split. Final Review Authoritv: City Council. NOTE: As part of this application, the applicant has also requested approval of a Growth Management Quota System (GMQS) Exemption for construction of the proposed siiigle-family dwelling units. Per Section 26.470.070.B of the Code. such exemption review is by the Community Development Director. Prior to the City Council hearing, the applicant requested that the Director approve the Growth Management Quota System (GMQS) Exemption for the project. The Director approved the request because it was found to be in compliance with the review criteria. No further Council approval or action on this particular exemption is necessary. MCGARVEY SUBDIVISION S'YAFF REPORT PAGE 2 .. ISSUES FROM FIRST READING: At First Reading. a Council member inquired about how many GMQS Exemptions have been approved by the Director and how the process for this application is different from the two lot proposal on the Chart House property submitted last year. There have been other applications that have separated the reviews of Subdivision and GMQS Exemption in the past. Recently, the Parkdale Subdivision included both a GMQS Exemption and a Subdivision. The applicant for that project requested that the GMQS Exemption portion of the application be administratively approved (which the Code allows). so the Council only reviewed the Subdivision. Iii the case of the Chart House. it was a lot split proposal and the Code required that the GMQS Exemption for Lot Splits be reviewed by City Council. which is why the Council reviewed both requests at the same time. Per Section 26.304.060B of the Code, an applicant may request that the Director combine reviews when there is more than one development approval being sought. According to that Section. this is done in the interest of eliminating duplication and ensuring the economy of time. expense and clarity. Sometimes applicants make this request and, therefore. the P&Z and Council review all of the land use requests. In the case of the MeGarvey Subdivision, however, the applicant did not request that the reviews for Subdivision and GMQS Exemption be combined. This particular GMQS exemption has been in the Code since the Growth Management System was adopted in 1977. The cash in lieu option was added in 1990. During the course of that time. this exemption has always been an administrative approval. In fact. in most cases the exemption is approved administratively at time of building permit where there is no development approval associated with it (i.e. subdivision, etc.). As the developer is not pulling a building permit immediately on either lot, he wishes to establish the administrative GMQS exemption approval through this process for use when he does want to build. EXISTING CONDITIONS/BACKGROUND INFORMATION: Per the Pitkin County Assessor, the existing house was constructed in 1973 and includes three bedrooms and three bathrooms. The site is basically flat with five mature fir trees located toward the south end of the property. Access to the house and its two car garage is located off of Fourth Street. Vegetation on the site primarily consists of grass. Originally consisting of Lots A-F of Block 37, tlie lots making up the subject properly were merged in 1975 to create a single lot: however, the lot was subsequently subdivided iii 1982 to create Lots 1 and 2 of the Strandberg Lot Split Subdivision Exception. The - subject property is referred to as Lot 1 Strandberg Lot Split. The adjacent Lot 2 Strandberg Lot Split remains undeveloped. 1 ** , - Me'GARVEY SUBD1VISION STAFF REPORT PAGE 3 .. Photo taken from the 1*Ir dwiflf\57 ... 3, f alley looking back at . %1 N tile slibiect lot and .*... 4 Bleeker Street 1 1. / 1,7 1\ 0 -- .-AL .4//3//Mi' t. @12,4 : " - ~ , 4 ~4.1 1.6 -.1--..-4 ..--; -Ji ~ ~jf'19 "21,2 %- 'k 1 STAFF COMMENTS: SUBDIVISION: A subdivision of the existing lot into two single-family lots is beiiig proposed, therefore, compliance with the review criteria of Section 26.480 is required. A two step process in front of P&7 and Council is required. Staff has reviewed all of the subdivision criteria, in Exhibit A and have found the request to comply with all of the applicable criteria. DEVELOPMENT REVIEW COMMITTEE (DRC) REFERRAL COMMENTS: The DRC nieeting was held on March 10, 2004. The comments from that meeting are attached iii Exhibit B. Tlie applicant has either addressed all of the commbnts or will address them at time of final plat or building permit. STAFF SUMMARY AND RECOMMENDATION: Staff recommends approval of a Subdivision for the MeGarvey Subdivision with conditions as put forth in the attached ordinance. RECOMMENDED MOTION: "1 move to approve Ordinance No. . Series of 2004 for a Subdivision for the MeGarvey Subdivision. City Manager Comments: 4-Vi- - MIGARVEY SUBDIVISION STAFF REPORT PAGE 4 .. ATTACHMENTS: Exhibit A: Staff Findings - Subdivision Exhibit B: Referral (DRC) Comments Exhibit C: P&Z Minutes MCGARVEY SUBDIVISION STAFF REPORT PAGE 5 :L .. ORDINANCE NO. 12, (SERIES OF 2004) AN ORDINANCE OF THE ASPEN CITY COUNCIL APPROVING A SUBDIVISION FOR THE PROPERTY AT 433 WEST BLEEKER STREET, LEGALLY DESCRIBED AS LOT 1 STRANDBERG LOT SPLIT A/KIA LOTS A- D & W M LOT E, BLOCK 37, TOWNSITE OF ASPEN, CITY OF ASPEN, PITKIN COUNTY, COLORADO. Parcel ID: 2735-124-42-001 WHEREAS, the Community Development Department received an application from JNM Bleeker Street, LLP (c/o James MeGarvey. Jr.. Partner). represented by Haas Land Planning. LLC for Subdivision and Growth Management Quota System (GMQS) Exemption to subdivide an existing lot into two single-family lots and utilize the development rights from the demolished. existing single-family residence to construct two single-family residences: and, WHEREAS, the Community Development Department received referral comments from the Aspen Consolidated Sanitation District, City Engineering. Building Department. Fire. Streets, Parks and Water Departments as a result of the Development Review Committee meeting: and. WHEREAS, said referral agencies and the Aspen Community Development Department reviewed the proposed plan for Subdivision and Growth Managenient Quota System (GMOS) Exemptions and recommended approval with conditions; and. WHEREAS, pursuant to Section 26.480 of the Land Use Code. Subdivision approval illay be granted by the City Council at a duly noticed public hearing after considering recommendations by the Planning and Zoning Commission, the Community Development Director. and relevant referral agencies; and, WHEREAS, pursuant to Section 26.470 of the Land Use Code. GMQS Exemption approval may be granted by the Community Development Director and. because 11ie requested GMQS Exemption complied with the applicable review criteria. - the Director granted such approval: and. WHEREAS. the Subdivision review by the Planning and Zoning Commission requires a public hearing and this application was reviewed at a public hearing where the arÂ¥*' recommendations of the Community Development Director and commeiits from the public were heard: and, WHEREAS, during a reguiar meeting oil April 20. 2004. the Planning and Zoning Commission opened a duly noticed pub]ic hearing to coiisider the project and -6- .. where. by a four to one (4- 1) vote, recommended City Council approve the Subdivision, with the findings and conditions listed hereinafter: and, WHEREAS, the City of Aspen City Council finds that the development proposal nleets or exceeds all applicable development standards and that the approval of the development proposal. with conditions. is consistent with the goals and elements of the Aspen Area Community Plan: and. WHEREAS, the City of Aspen City Council reviewed and considered the development proposal at a public hearing on June 28,2004 and approved this Ordinance Con Second Reading) for Subdivision: WHEREAS, the City of Aspen City Council finds that this Ordinance furthers and is necessary for the promotion of public health, safety. and welfare. NOW, THEREFORE BE IT RESOLVED BY THE ASPEN CITY COUNCIL THAT: Section 1: The MeGarvey Subdivision is hereby approved. subject to the following conditions: 1. Prior to issuance of.a building permit: a. Park Dedication fees shall be paid for any additional bedrooms that are added above and beyond what currently exists on the sile. b. Cash in lieu of school land dedication shall be paid. c. Both of the new single-family residences shall demonstraie their compliance with the Residential Design Standards. d. An outdoor lighting plan for each residence shall be submitted. e. All tap fees. impacts.fees, and building permit fees shall be paid. f. Plans shall be submitted showing adequate area for snow storage completely on- site and not in the public alley. g. An approved tree permit is required from the City Forester for their review and approval by Community Development. An approved tree permit requires a proposed landscape plan identifying trees for removal aiid ineans of mitigation. h. Based on the mitigation for tree removal, an approved landscape plan will need to be submitted to the Parks Department. The building permit landscaping plan should include landscaping of the Fourth Street right-of-way adjacent to the property. 2. The existing house need not be demolished to accommodate the newly created lot boundaries and the encroachments into the side yard setbacks may continue to exist for the life of the original structure only. Upon redevelopment. all structures on these -7- .. two (2) lots shall comply with the R-6 Zone District provisions with respect to the newly created lot boundaries and setbacks. The subdivision plat shall grant an easement to allow for the existing residence to be maintained across the new lot line and shall function for the life of the existing structure only. Construction of a house on the second lot shall only be possible if the existing house is removed. Tlie documentation of the existing house floor area must be submitted as part of the building permit. 3. Prior to Certificate of Occupancy for a structure on either lot, any pedestals iii the alley adjacent to the lots should be moved out of the alley ROW and onto the property of the adjace]11 lot. 4. A new curb is to be installed in place of the abandoned driveway prior to final inspection for a structure on either lot. 5. Prior to commencement of construction on either lot. a vegetation protection fence shall be erected at the drip liiie of each individual tree or groupings of trees remainine on site. There shall be no excavation. no storage of construction materials. backfill. equipment. tools or construction traffic inside of the protective fence. This fence must be inspected by the city forester or his/her designee before anv construction activities are to commence. 6. A subdivision agreement and plat shall be recorded in the office of the Pitkin County Clerk and Recorddr within 180 days following City Council approval. 7. The existing sewer service may be able to serve one of the two lots. A shared sewer service will not be allowed. Each lot shall require its own service. 8. Sewer service is contingent upon compliance with the Aspen Consolidated Sanitation Districts rules. regulations, and specifications, which are on file at the District office. 9. The existing water tap must be abandoned. Abandonment of the tap shall occur when the existing building is demolished. 10. All uses and construction shall comply with the City of Aspen Water System Standards. with Title 25. and applicable portions of Title 8 (Water Conservation and - Plumbing Advisory Code) of the Aspen Municipal Code as they pertain to utilities. 11. There shall be no further subdivision of either lot created by this approval and no duplex shall be constructed on either lot. The option to construct an Accessory Dwelling Unit on either lot shall be permitted and shall not be construed as a duplex or a subdivision. -8- .. Section 2: This Ordinance shall not effect 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 3: If any section. subsection. sentence, clause. phrase, or portion of this Ordinance is for anv reason held invalid or unconstitutional in a court of competent jurisdiction. such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereo f. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law. by the City th Council of the City of Aspen on this 25 day of May. 2004. ATTEST: Kathryn Koch. City Clerk Helen Kalin Klanderud. Mayor FINALLY, ADOPTED, PASSED, AND APPROVED this 28th day of June. 2004. ATTEST: Kathryn S. Koch. City Clerk I-lelen Kalin K]anderud, Mayor APPROVED AS TO FORM: - .john Worcester. Citv Attorney -9- .. EXHIBITA STAFF FINDINGS: SUBDIVISION The Definitions section (26.104.100) of the Laiid Use Code explains that subdivision approval is required whenever leasehold interests will be transferred. Section 26.480.050 states that a development application for subdivision review shall comply with the following standards and requirements: A. General Requirements. a. The proposed subdivision sliall be consistent with the Aspeii Area Community Plan (AACP). STAFFFINDING: DOES IT COMPLY? YES The future land use map in the AACP shows the subject site as "Residential". Therefore. the proposal to subdivide the existing lot into two single-family lots is in compliance with the future direction of the AACP. The project is also generally consistent with the applicable policies and goals of the AACP. The applicable elements of the AACP include locating residential development within the town limits, close to the commercial core and transit stops, and the provision of affordable housing in the form of an on-site accessory dwelling unit or payment of cash in lieu. b. The proposed subdivision shall be consistent with the character of existing land uses iii the area. *rAFFFINDING: DOES IT COMPLY? YES The proposed subdivision will be consistent with the character 'of the surrounding area because it proposes a similar density and lot layout as the surroundin'g land uses and will be designed to comply with the same R-6 zone district standards as its Iieighbors. C. The proposed subdivision shall not adversely affect the future development of surrounding areas. STAFF FINDING: DOES [T COMPLY? YES Staff believes that this development will not adversely affect the future development of the area because all development is internal to the site, does not encroach onto neighboring properties. and does not impact the public streets. d. The proposed subdivision shall be in compliance with all applicable requirements of this Title. - 10- .. STAFFFINDING: DOES IT COMPLY? YES All applicable requirements. including the zoning requirements of the R-6 zone district are proposed to be met. B. Suitability of Land for Subdivision. a. Land Suitability. The proposed subdivision shall not be located on land unsuitable for development because of flooding. drainage: rock or soil creep. mudflow. rockslide, avalanche or snowslide. steep topography or any other natural hazard or other condition that will be harmful to the health. safety. or welfare of the residents in the proposed subdivision. STAFF FINDING: DOES IT COMPLY? YES The site is essentially flat in grade and located far away from any adjacent natural impacts. The existing house on the site has not experienced any apparent negative impacts iii its lifetime. b. Spatial Pattern Efficient. The proposed subdivision shall not be designed to create spatial patterns that cause inefficiencies, duplication or premature extension of public facilities and unnecessary public costs. 8TAFFFINDING: DOES IT COMPLY? YES Staff believes that the subdivision has been designed to avoid all of the above spatial patterns. C. Improvements. The improvements set forth at Chapter 26.580 shall be provided for tlie pi-oposed subdivision. These standards may be varied by special review (See. Chapter 26.430) if the following conditions have been met: 1. A uiiique situation exists for tlie development where strict adherence to the subdivision design standards would result in incompatibility with the Aspen Area Community Plan. the existing, neighboring development areas. aiid/or the goals of the community. tTAFF FINDING: DOES IT COMPLY? N/A No variations are proposed to the subdivision design standards. 2. The applicant shall specify each design standard variatioii requested and pi-ovide justification for each variation request, providing design recommendations by professional engineers as necessary. STAFFFINDING: DOES IT COMPLY? N/A No variations are proposed to the subdivision design statidards. - 11 - .. D. Affordable Housing. A subdivision which is comprised of replacement dwelling units shall be required to provide affordable housing iii compliance with the requirenients of Chapter 26.520, Replacement Housing Program. A subdivision which is comprised of new dwelling units sliall be required to provide affordable housing ill compliance with the requirements of Chapter 26.470. Growth Management Quota Systeni. STAFFFINDING: DOES IT CoMPLY? YES The standards of Chapter 26.520. Replacement Housing Program. are not applicable because there is no replacement housing involved (said provision only applies to multi-family structures and does not apply to deniolition of single-family homes). Appropriate mitigation will be required and provided in accordance with Section 26.070.070.B of the Aspen Land Use Code. E. School Land Dedication. Compliance with the School Land Dedication Standards set forth at Chapter 26.630. Applicability. School land dedication standards shall be assessed upon all new subdivisions within the City of Aspen which contain residential units. An applicant may make a cash payment in-lieu of dedicating land to the City. or may make a cash payment in combination with a land dedication. to comply with the standards of this Section. 1 his section of the subdivision regulations requires the dedication of land or the payment of an in-lieu fee for each new residential unit in a stibdivision. ST<AFFFINDING: DOES IT COMPLY? YES Cash in lieu of School land dedication is proposed and will be requirdd to be paid by the applicant prior to issuance of building permit. - 12 - .. EXHIBIT B DRC MINUTES MEMORANDUM To: Development Review Committee From: John Niewoehner, Community Development Engineer. DRC Caseload Coordinator Date: March 10.2004 Re: 3/10/04DRC Minutes: MeGarvey Subdivision Attendees: Scott Woodford, Case Planner - Community Development Department Nick Adeh. Engineering Department John Niewoeliner. Community Development Department Phil Overeynder, Water I)epartment Toni Bracewell. Sanitation District Jerry Nye, Streets Department Ed VanWalra-Ven. Fire Department Sarah Oates; Zoning Officers Brian Flynn. Parks Department Mitch Haas. Planner for Applicant . At the March 10, 2004, the Development Review Committee reviewed tlie following project: MaG:iney Subdivision and GMOS Exemption - The proposal .is to subdivide an existing 13,500 sflot at the corner of Fourth and Bleeker Streets into two lots - - one lot with 6.000 sf and 7,500 sf. The existiiig house will initially straddle the two new lots but the house will eventually be demolished to make room for two single-family houses. DRC COMMENTS Engineering and Streets: 2:- 3* ~ 1. Access: The City concurs that the driveways for the two new lots should be off the alley and the existing curb cut on Fourth Street should be abandoned. A new cui-b is to be installed in place ofthe abandoned driveway. - 13- .. 2. Utilitv Pedestals: Any pedestals iii the aliey adjacent to the lots should be moved out of the alley ROW and onto the property of adjacent lot. 3. Survey: A new Survey is required for the subdivision plat. Both lots must be fully monumented with properly pins at the lot corners. 4. Drainage: The building permit application needs to include a drainage and erosion control prepared by a professional engineer. Drainage from the lots cannot flow into the alley. 5. Snow Storaue: Building plans must show area for snow storage off alley. (Snow from alley cannot be placed in alley.) Parks Department 1. Tree Removal: An approved tree permit is required prior to approval o f the building permit. An approved tree permit requires a proposed landscape plan identifying trees for removal aiid means of mitigation. Please contact the City Forester for more information 920-5126. 2. Tree Protection: A vegetation protection fence shall be erected at the drip line of each individual tree or groupings of trees remaining on site. There will be no storage of construction materials. backfill. tools or construction traffic inside of the protective fence. There is no excavation or disturbance of the native area inside of the protective felice. This fence must be inspected by tile city forester or his/her desighee (920-5126) before any construction activities are to commence. No excavation, storage of materials. storage of construction backfill. storage of equipment. foot or vehicle traffic allowed within the drip line ofany tree onsite. 3. Landscape: Based on the nlitigation for tree removal, an approved landscape plan will need to be submitted to the Parks Department. The building permit landscaping plan should include a landscaping the Fourth Street ROW adjacent to the properly. Fire Department Nothing at this time. Sanitation District 1 Separate Sewer Ser,ices: The existing sewer service may be able to serve one of the two lots. A shared sewer service will not be allowed. Each lot needs its own service. 2. ACSD Standards: Service is contingent upon compliance with the District's rules. regulations. and specifications. which are on file at the District office. Water Dept: 1 Water Taps: Tile existing water tap must be abandoned. Abandonment of the tap will occur when the existing building is demolished. 2. Citv Standards Compliance: All uses and construction will comply with the City of Aspen Water System Standards, with Title 25, and applicable portions of Title -14- .. 8 (Water Conservation and Plumbing Advisory Code) of the Aspen Municipal Code as they pertain to utilities. Zoning: 1. Lichting: Outdoor Lighting must conform to Lighting Code. 2. Existing Structure: The documentation of the existing house floor area must be submitted as part of the building permit. - 15 - ASPEN PLANNING & Zm:DING COMMISSION Minut~APRIL~~~20*1~~4~- slructure only. The existing housefl.oor area shall be noted on the subdivision plat. 4. The drivewayfor Lot 1 (the MIHU[ti corner lot) shall be placed as far as possible bom the South/Gibson .Avenue intersection. A hammerh.ead diiveÂ·way on Lot 1 shall be constructed to allow cais to turnaround onsite and avoid backing onto the stiÂ·eet. 5. The applicant shall construct sidewalks, in complicnice with City standards.for the portion of the property fronting Gibsoli Avenue cold South Avenue. 6. Ilie subdivision plat shall show an easement for utilities, roadway andfuture sidewalks. Inslead-of multiple easements, asingle 'non-exclusive coninion easemelif maybe platted With appropriale plal notes. No sti-uctures or DÂ·ees shall be placed in the easement without the permission of the City Engineer and applicable utilities. 7. Prior to the recoidation ofthe subdivision plat, a design of the sidewalk and curb/gutter needs lo be submitted to the City Engineer. (A sidewalk cuiÂ·b and gutter design will allow the accurale depiction of the easement on the plat.) The curb location along Gibson Street will be dictated by the need.for a 24-foot minimum street width. The design needs to include a site plan with adequate contours and spot elevations to demonstrale that gutter will have a 0.75% slope (niininium) towards a storm drain Â£mci show the extent ofre-grading Gibson St. The sidewalk. curb and gutter along both lots shall be installed as part of the next building permitfor either lot 1 or lot 2. No Certificate of Occupancy will be givell inlfil the sidewalk. curb and gutter is installed. 8. No proposed structure or landscaping over 30 inches tall shall be installed in a sight triangle located 30 feet within the Gibson/South St imersection. 9. A subdivision agreenient and plat shall be recor(led in the office ofthe Pilkin County Clerk and Recorder within ]80 days following Cily Council approval. 10. All uses and construclion shall comply with the City of Aspen Water System Standards, wilh Title 25, and applicable portions of Title 8 (Water Conservation ami Plumbing Advison, Code) ofthe Aspen Municipal Code as they pei tain to utilities. There shall be no further subdivision of Lol 2, the 15,079 square foot lot. This restriction shall 1101 apply to condominiumizing two single-family dwelling units or a duplex constructed on tile lot. Seconded by Roger Haneman. Roll call. Johnson, no: Ha.ilenian,, yes; Marion., yes,- Tygre, -yes. APPROVED 3-1. PtIBLIC HEARING: MCGARVEY SUBDIVISION - 433 WEST BLEEKER STREET Jasmine Tygre opened the public hearing for the MeGarvey Subdivision at 433 West Bleeker. David Hoefer stated that ali affidavit was provided with proof of notice and posting. Scott Woodford stated that the applicaiit requested a subdivision and GMQS exemption to subdivide the existing lot into two single-family lots. Lot sizes are 6,000 square feet and 7500 square feet; the only option was to build single-family residences. Woodford utilized blueprints and drawings to show the existing lot line and proposed lot line, which goes thi-ough the existiiig house. The existing access to the house is off of Fourth Street. Woodford said there were two development rights; to satisfy the exemptions - they will have to provide ADUs or pay the cash-in-lieu. There will be some credits for the existing house; the timetable for reconstruction is 5 years from demolition unless an extension is granted by city council (memo page 5 #2.d.). Mitch Haas, representative for the applicant JNM Bleeker Street, stated this was like a lot split but wasn't because there was a provision in the lot split standards that ifthe property has ever been subdivided before then it could not be a lot split but had to be a subdivision. The first subdivision was done in ]981 or 1982. The subdivision does not add any density to the lots; it will take the Fouith Street access away and the alley wil] 11 ASPEN PLANNIFIE & ZONING COMMISSION ~linutes APRIL 20,2004 be used as it was meant to be. Haas stated the applicant plans to build himself a new home on the comer lot (the 7500 square foot) and sell the other one. Roger Haneman asked if these were back to the original lots lines from 30 years ago. Haas replied that prior to 1982 it was a 19,500 square foot lot. Doug Allen stated that those 4/6 lots and the lots next door were all under one ownership before it was subdivided. Tygre said that each created lot would have to provide an ADU or cash-in- lieu but if an ADU was created it would still have to be included in the allowable FAR. Jack Johnson inquired that just because this was in the original township does it not mean that there was a historic TDR with either oftheses lots for receivership or transference; he asked if it was only the structure that had the TDR transfer ability. Haas stated that this was not a historic property and it could only be transferred from a historic building. Brandon Marion asked if there were any restrictions whether the front ofthe house would be on Bleeker or Fourth. Haas responded that this situation would require the front to be on Bleeker because the block leiigth was longer. Public Comments: Doug Allen, public, represents Sistie Fischer, said that they were happy to see this was being developed in a sensitive manner. Allen requested adding two conditions: that neither lot shall be further subdivided and neither lot have a duplex on it. Haas responded that an ADU would not be considered a duplex. Three commissioners thought the additional conditions were a good idea and two commissioners didn't have an opinion on the addition. MOTION: Brandon Marion moved to approve Resolution #14, series of 2004 for a Subdivision, and GMQS Exemption for the McGarvey Subdivision at 433 West Bleeker Street subject to thefollowing conditions: 1) Prior to issuance of a building permit: a) Park Dedication fees shall be paidjbr any additional bedrooms that are added above and beyond what currently exists on the site. b) Cash in lieu ofschool land dedication shall be paid. c) Both of f lie new single-family residences shall demonstrate their compliance with the Residenlial Design Standards. d) An outdoor lighting planfor each residence shall be submitted. e) All tapfees, inipacts.fees, and building permit fees shall bepaid. D Plans shall be submitted showing adequate area 12)r snow slorage completely on-site and }101 in the public alley. g) An approved tree permil is required from the City Forester. An approved tree permit requires a proposed landscape plan identifying trees.fbr removal and means Of mitigation. h) Based on the mitigationÂ®r tree removal, an approved landscape Man will need tobe submitted to the Parks Department. The building permit landscaping plan should include landscaping of the Fourth Street right-of-way adjacent to ille properly. 2) The existing house need not be demolished to accommodate the newly created lot boun.daries and the encroachments into the side yard 12 ASPEN PLANNING & ZONING COMMISSION Minutes APRIL 20,2004 selbacks may continue to exist.for the life o.t the original structure only. Upon redevelopment, all structures on diese two (2) lots shall comply with the R-6 Zone District provisions with respect to the ncii'ly created lot boundaries and selbackx. The subdivision plat shall grant an easement 10 all<~u'.for the eXist ing residence m be maintained across the new lot line. and shallfunctionfor the life ofthe existing structure only. The documentation of the existing house floor area mu.st be submitted as part of the building permit. 3) Prior to Certificate of Occupancy.for a structure on either lot, any pedestals in the alley adjacent to the lots should be moved out of the alley ROW and onto the properly of adjacent lol. 4) A neit' curb is to be installed iii place of 1 he abandoned driveway prior to Certificale (4 Occupancy for a structure on either lot, 5) Prior to commencement ofconstruction on either lot, a vegetation prolectionfence shall be erected at the drip line ofeach individual tree or groupings of trees remaining on site. There shall be no excavation, no storage ofconstruction jilaterials, 1)ackfill, equip}ilent, lools or construction 11"affic inside of 1/le prolective.fence. Thistknce musl be inspected by the city fbrester or his/her designee be.fbre any con.struction activities are m commence. 6) A subdivision agreement enid plat shall be recorded in the office of the Pitkin County Clerk and Recorder within 180 dcow flillowing City Council approval. 7) The existing sewer service may be able to serve one Ofthe ht'o lots. A shared sewer service will not be allowed. Each lot shall require its own service, .1 bewer service is contingent upon compliance 11/ith the Aspen Consolidated Sanitation Disti-ict's rules, regulations, and specifications, which are on file at the District office. 9) The existing water tap must be abandoned. Abandonment of the jap shall occur when the existing building is demolished. 10) All uses and construction shall comply with the City of Aspen Water System Standards. with Title 25, and applicable portions of Title 8 (Water Conservation and Phimbing Advisory Code) of the A.*en Municipal Code as they pertain to utilities. 11) 1 1. There shall be no fi,irther re-subdivision ofeither lot crealed by this approval and no duplex shall be constructed on ei.ther ne-4 101. The option to construct an Accessory Dwelling Unit on either lot shall be permitted and khall not be construed as a duplex or a subdivision. Seconded by Roger Haneman. Roll call vote: Johns, yes; Johnson, no; Haneman, yes; Marion, yes, Tvere, ves. APPROVED 4-1. BOARD REPORT Jack Johnson reported ort the COWOP Visitor Center. The commission discussed the COWOP process with some reservations and support. Concerns were abuse of the process by the city not being held to the same standards that private projects were held to and to follow the process; the land use opinions were not addressed in the COWOP process; the public perception of the city having made the decision on the Visitor Center location prior to any public input; asset management developing a plan and taking it to council without full P&Z review process; the COWOP process was very frustrating for some of the members. Adjourned at 7:20 pm. Jackie Lothian, Deputy City Clerk 13 o V111 t, MEMORANDUM TO: Mayor Klanderud and Aspen City Council THRU: Julie Ann Woods, Community Development Directo~~ FROM: Scott Woodford, City Planner4(000 RE: MCGARVEY SUBDIVISION, IST READING, SUBDIVISION; ORDINANCE NO. 19-, SERIES 2004 DATE: May 25,2004 .: . .t 1 Photo of the existing . 1.10 Â¥.% , house on the property taken from Bleeker Street. The house is ~ 1 4 ?...2, flt.",--,Â·~f*Â·0%:i~.ft,7,Â· : " proposed to be 64..f:<â‚¬,1,14 - cltuU;imÂ«'*'18.0 'Â£ - ' demolished and the lot it FAU/'AtÂ·'./fl. 2,14*65 .- sits on is to be subdivided into two lots. c..z One of the proposed lots ~ it would be in the center ot &054166Â· Â· Â·~ ' ~. Ili A-, the photograph where the 4 * #* " Â· 11\1 existing trees and a portion of the house are ~ ~ ~ - -- -= -=- -~~~Tr-=2 In _-.-r-rr,Trl-Illillill,11111~111 sitting. PROJECT: McGARVEY SUBDIVISION REQUEST SUMMARY: Approval of the Subdivision to subdivide an existing lot into two single- family lots and utilize the development rights from the demolished, existing single-family to construct two single-family residences. APPLICANT: JNM Bleeker Street, LLP (c/o James MeGarvey. Jr., Partner), represented by Haas Land Planning, LLC P&Z ACTION: Approval with conditions on 4/20/04 (4-1 to approve) Minutes attached ZONE DISTRICT: R-6 (Medium Density Residential) LEGAL DESCRIPTION Lot 1 Strandberg Lot Split (a/k/a Lots A-D & W M Lot E, Block 37, / ADDRESS: Townsite of Aspen) / 433 West Bleeker Street STAFF APPROVAL OF THE SUBDIVISION WITH CONDITIONS RECOMMENDATION: MCGARVEY SUBDIVISION STAFF REPORT PAGE I .. PROJECT SUMMARY: The applicant's proposal is to subdivide the existing 13,500 sq. ft. lot located at the corner of Fourth and West Bleeker Streets into two lots, with newly created Lot 1 A being 7,500 sq. ft. in size and new Lot 1B being 6,000 sq. ft.. As the minimum lot size in the R-6 zone district is 6,000 sq. ft. per detached residential unit, each new lot will be able to support a single-family residence. The existing one-story brick house on the site may remain for the time being, although it will eventually be demolished to make way for the new structures. The house was designed by Ellie Brickham, but it is not listed on the Aspen Inventory of Historic Landmark Sites and Structures and therefore does not have any special protections from demolition. Per the R-6 zone district standards, the allowed floor area on Lot 1A would be approximately 3,450 square feet. while Lot 1B would allow approximately 3.240 sq. ft. for a single-family residence. The applicant is not required to submit designs for the proposed structures on the new lots at this point in the process, however, the designs will be required to comply with the City's Residential Design Standards. According to the applicant. no variances are anticipated to be necessary to comply with the Residential Design Standards. Compliance with those standards will be determined at time of building permit. Vehicular access to each new lot will be from the alley at the rear, while the existing access off of Fourth Street will be eliminated. All of the mature trees and landscaping will be preserved with the new lot layouts. No sidewalks currently exist around the property, nor are any required with this proposal, as the lot is located in a "no sidewalk" zone as designated on the city sidewalk map. APPLICABLE LAND USE SECTIONS: In order to accommodate the above development request, the following land use approvals are required: 1) SUBDIVISION: Section 26.480 of the Code pertains to Subdivision and subdivision review is required in this instance for the proposed split of the existing lot into two single-family lots. A lot split is not allowed in this instance as the lot has been previously subdivided through a lot split. Final Review Authority: City Council. NOTE: As part of this application, the applicant has also requested approval of a Growth Management Quota System (GMQS) Exemption for construction of the proposed single-family dwelling units. Per the Code, such exemption can be approved administratively by the Community Development Director. Prior to the City Council hearing, the Director approved the Growth Management Quota System (GMQS) Exemption. No further approval or action on this particular exemption is necessary. Mc'GARVEY SUBDIVISION STAFF REPORT PAGE 2 .. EXISTING CONDITIONS/BACKGROUND INFORMATION: Per the Pitkin County Assessor, the existing house was constructed in 1973 and includes three bedrooms and three bathrooms. The site is basically flat with five mature fir trees located toward the south end of the property. Access to the house and its two car garage is located off of Fourth Street. Vegetation on the site primarily consists of grass. Originally consisting of Lots A-F of Block 37, the lots making up the subject property were merged in 1975 to create a single lot; however, the lot was subsequently subdivided in 1982 to create Lots 1 and 2 of the Strandberg Lot Split Subdivision Exception. The subject property is referred to as Lot 1 Strandberg Lot Split. The adjacent Lot 2 Strandberg Lot Split remains undeveloped. â€¢Â· 4. . â€ž/.236/f///Al,////' Â· . ' , L *t 4 Photo taken from the ~ ,;~U~49,4". - .-bÂ·.:.~~:,~T2L2 ~I I '45.~~S~ZE 1 h .1 alley looking back at e a the subject lot and Â¥A Bleeker Street 40'1Â» 1 1 / 43 *MitÂ·. A>.lk--4'.~7ing P I. 1 1< 1 J 16,//A j -, .tr.':W ..Ze:ZILL. /, I i .--~/.-.f &1~ i.r., i . ..I-.. ..... :Ill. Â£ t' 2~ I ...Â·.c...A...:.f:....c.-9.: #. .r --1.~ --2.-.4.,*. 1 ' 14 ~Â§1:J ' 4,9 STAFF COMMENTS: SUBDIVISION: A subdivision of the existing lot into two single-family lots is being proposed, therefore, compliance with the review criteria of Section 26.480 is required. A two step process in front of P&Z and Council is required. Staff has reviewed all of the subdivision criteria in Exhibit A and have found the request to comply with all of the applicable criteria. DEVELOPMENT REVIEW COMMITTEE (DRC) REFERRAL COMMENTS: The DRC meeting was held on March 10. 2004. The comments from that meeting are attached in Exhibit B. The applicant has either addressed all of the comments or will address them at time of final plat or building permit. MCGARVEY SUBDIVISION STAFF REPORT PAGE 3 .. 8TAFF SUMMARY AND RECOMMENDATION: Staff recommends approval of a Subdivision for the MeGarvey Subdivision with conditions as put forth in the attached ordinance. RECOMMENDED MOTION: "I move to approve Ordinance No. l<, Series of 2004 for a Subdivision for the MeGarvey Subdivision." ATTACHMENTS: Exhibit A: Staff Findings - Subdivision Exhibit B: Referral (DRC) Comments Exhibit C: P&Z Minutes City Manager Comments: '*/04 (1,0-*Cia- cv-I ~M 4Â£ c_.et--*04~Til-0,1 A-+0)02 je-k (7-j 144*, 4 ge L.-8--;/UL , 1.Â·'--2 ._k ,â€¢n . I ,-~-â€ž, I. - 4 ~R U '152fli c'wÂ·7Qi JUX-*-: A. Y k 0 -3 y MI'GARVEY SUBDIVISION STAFF REPORT PAGE 4 .. ORDINANCE NO. ~'~ , (SERIES OF 2004)' AN ORDINANCE OF THE ASPEN CITY COUNCIL APPROVING A SUBDIVISION FOR THE PROPERTY AT 433 WEST BLEEKER STREET, LEGALLY DESCRIBED AS LOT 1 STRANDBERG LOT SPLIT A/K/A LOTS A- D & W M LOT E, BLOCK 37, TOWNSITE OF ASPEN, CITY OF ASPEN, PITKIN COUNTY, COLORADO. Parcel ID: 2735-124-42-001 WHEREAS, the Community Development Department received an application from JNM Bleeker Street, LLP (c/o James MeGarvey, Jr., Partner), represented by Ilaas Land Planning, LLC for Subdivision and Growth Management Quota System (GMQS) Exemption to subdivide an existing lot into two single-family lots and utilize the development rights from the demolished, existing single-family residence to construct two single-family residences; and. WHEREAS, the Community Development Department received referral comments from the Aspen Consolidated Sanitation District, City Engineering. Building Department, Fire, Streets, Parks and Water Departments as a result of the Development Review Committee meeting; and, WHEREAS, said referral agencies and the Aspen Community Development Department reviewed the proposed plan for Subdivision and Growth Management Quota System (GMQS) Exemptions and recommended approval with conditions; and, WHEREAS, pursuant to Section 26.480 of the Land Use Code, Subdivision approval may be granted by the City Council at a duly noticed public hearing after considering recommendations by the Planning and Zoning Commission, the Community Development Director, and relevant referral agencies; and, WHEREAS, pursuant to Section 26.470 of the Land Use Code, GMQS Exemption approval may be granted by the Community Development Director and, because the requested GMQS Exemption complied with the applicable review criteria, the Director granted such approval; and, WHEREAS, the Subdivision review by the Planning and Zoning Commission requires a public hearing and this application was reviewed at a public hearing where the recommendations of the Community Development Director and comments from the public were heard; and, WHEREAS, during a regular meeting on April 20, 2004, the Planning and Zoning Commission opened a duly noticed public hearing to consider the project and -5- .. where, by a four to one (4-1) vote, recommended City Council approve the Subdivision, with the findings and conditions listed hereinafter; and, WHEREAS, the City of Aspen City Council finds that the development proposal meets or exceeds all applicable development standards and that the approval of the development proposal, with conditions. is consistent with the goals and elements of the Aspen Area Community Plan; and, WlIEREAS, the City of Aspen City Council reviewed and considered the development proposal at a public hearing on June 28,2004 and, by a vote of to L - 3, approved this Ordinance (on Second Reading) for Subdivision; NOW, THEREFORE BE lT RESOLVED BY THE ASPEN CITY COUNCIL THAT: Section 1: The MeGarvey Subdivision is hereby approved, subject to the following conditions: 1. Prior to issuance ofa building permit: a. Park Dedication fees shall be paid for any additional bedrooms that are added above and beyond what currently exists on the site. b. Cash in lieu of school land dedication shall be paid. c. Both of the new single-family residences shall demonstrate their compliance with the Residential Design Standards. d. An outdoor lighting plan for each residence shall be submitted. e. All tap fees, impacts fees. and building permit fees shall be paid. f. Plans shall be submitted showing adequate area for snow storage completely on- site and not in the public alley. g. An approved tree permit is required from the City Forester. An approved tree permit requires a proposed landscape plan identifying trees for removal and means of mitigation. h. Based on the mitigation for tree removal, an approved landscape plan will need to be submitted to the Parks Department. The building permit landscaping plan should include landscaping of the Fourth Street right-of-way adjacent to the property. 2. The existing house need not be demolished to accommodate the newly created lot boundaries and the encroachments into the side yard setbacks may continue to exist for the life of the original structure only. Upon redevelopment, all structures on these two (2) lots shall comply with the R-6 Zone District provisions with respect to the newly created lot boundaries and setbacks. The subdivision plat shall grant an easement to allow for the existing residence to be maintained across the new lot line and shall function for the life of the existing structure only. Construction of a house on the second lot shall only be possible if the existing house is removed. The -6- .. documentation of the existing house floor area must be submitted as part of the building permit. 3. Prior to Certificate of Occupancy for a structure on either lot, any pedestals in the alley adjacent to the lots should be moved out of the alley ROW and onto the property ofthe adjacent lot. 4. A new curb is to be installed in place of the abandoned driveway prior to final inspection for a structure on either lot. 5. Prior to commencement of construction on either lot, a vegetation protection fence shall be erected at the drip line o f each individual tree or groupings of trees remaining on site. There shall be no excavation, no storage of construction materials, backfill, equipment, tools or construction traffic inside of the protective fence. This fence must be inspected by the city forester or his/her designee before any construction activities are to commence. 6. A subdivision agreement and plat shall be recorded in the office of the Pitkin County Clerk and Recorder within 180 days following City Council approval. 7. The existing sewer service may be able to serve one of the two lots. A shared sewer service will not be allowed. Each lot shall require its own service. 8. Sewer service is contingent upon compliance with the Aspen Consolidated Sanitation District's rules, regulations, and specifications, which are on file at the District office. 9. The existing water tap must be abandoned. Abandonment of the tap shall occur when the existing building is demolished. 10. All uses and construction shall comply with the City of Aspen Water System Standards, with Title 25, and applicable portions of Title 8 (Water Conservation and Plumbing Advisory Code) o f the Aspen Municipal Code as they pertain to utilities. 11. There shall be no further subdivision of either lot created by this approval and no duplex shall be constructed on either lot. The option to construct an Accessory Dwelling Unit on either lot shall be permitted and shall not be construed as a duplex or a subdivision. Section 2: This Ordinance shall not effect 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. -1- .. Section 3: If any section, subsection, sentence, clause, phrase, or portion of this Ordinance 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. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law. by the City Council of the City of Aspen on this 25th day of May, 2004. ATTEST: Kathryn Koch, City Clerk LIelen Kalin Klanderud. Mayor FINALLY, ADOPTED, PASSED, AND APPROVED this 28* day of June, 2004. ATTEST: Kathryn S. Koch, City Clerk Helen Kalin Klanderud, Mayor APPROVED AS TO FORM: John Worcester, City Attorney -8- .. EXHIBIT A STAFF FINDINGS: SUBDIVISION The Definitions section (26.104.100) of the Land Use Code explains that subdivision approval is required whenever leasehold interests will be transferred. Section 26.480.050 states that a development application for subdivision review shall comply with the following standards and requirements: A. General Requirements. a. The proposed subdivision shall be consistent with the Aspen Area Comprehensive Plan (AACP). STAFF FINDING: DOES IT COMPLY? YES The future land use map in the AACP shows the subject site as "Residential". Therefore, the proposal to subdivide the existing lot into two single-family lots is in compliance with the future direction of the AACP. The project is also generally consistent with the applicable policies and goals of the AACP. The applicable elements of the AACP include locating residential development within the town limits, close to the commercial core and transit stops, and the provision of affordable housing in the form of an on-site accessory dwelling unit or payment of cash in lieu. b. The proposed subdivision shall be consistent with the character of existing land uses in the area. STAFF FINDING: DOES IT COMPLY? YES The proposed subdivision will be consistent with the character of the surrounding area because it proposes a similar density and lot layout as the surrounding land uses and will be designed to comply with the same R-6 zone district standards as its neighbors. c. The proposed subdivision shall not adversely affect the future development of surrounding areas. STAFF FINDING: DOES IT COMPLY? YES Staff believes that this development will not adversely affect the future development of the area because all development is internal to the site, does not encroach onto neighboring properties, and does not impact the public streets. d. The proposed subdivision shall be in compliance with all applicable requirements of this Title. -9- .. STAFF FINDING: DOES IT COMPLY? YES All applicable requirements, including the zoning requirements of the R-6 zone district are proposed to be met. B. Suitability of Land for Subdivision. a. Land Suitability. The proposed subdivision shall not be located on land unsuitable for development because of flooding, drainage. rock or soil creep. mudflow, rockslide, avalanche or snowslide, steep topography or any other natural hazard or other condition that will be harmful to the health, safety, or welfare of the residents in the proposed subdivision. STAFF FINDING: DOES IT COMPLY? YES The site is essentially flat in grade and located far away from any adjacent natural impacts. The existing house on the site has not experienced any apparent negative impacts in its lifetime. b. Spatial Pattern Efficient. The proposed subdivision shall not be designed to create spatial patterns that cause inefficiencies, duplication or premature extension of public facilities and unnecessary public costs. STAFF FINDING: DOES IT COMPLY? YES Staff believes that the subdivision has been designed to avoid all of the above spatial patterns. C. Improvements. The improvements set forth at Chapter 26.580 shall be provided for the proposed subdivision. These standards may be varied by special review (See, Chapter 26.430) if the following conditions have been met: 1. A unique situation exists for the development where strict adherence to the subdivision design standards would result in incompatibility with the Aspen Area Comprehensive Plan, the existing, neighboring development areas, and/or the goals of the community. STAFF FINDING: DOES iT COMPLY? N/A No variations are proposed to the subdivision design standards. 2. The applicant shall specify each design standard variation requested and provide justification for each variation request, providing design recommendations by professional engineers as necessary. STAFF FINDING: DOES IT COMPLY? N/A No variations are proposed to the subdivision design standards. -10- .. D. Affordable Housing. A subdivision which is comprised of replacement dwelling units shall be required to provide affordable housing in compliance with the requirements of Chapter 26.520. Replacement Housing Program. A subdivision which is comprised of new dwelling units shall be required to provide affordable housing in compliance with the requirements of Chapter 26.470, Growth Management Quota System. STAFF FINDING: DOES IT COMPLY? N/A The standards of Chapter 26.520, Replacement Housing Program, are not applicable because there is no replacement housing involved (said provision only applies to multi-family structures and does not apply to demolition of single-family homes). E. School Land Dedication. Compliance with the School Land Dedication Standards set forth at Chapter 26.630. Applicability. School land dedication standards shall be assessed upon all new subdivisions within the City of Aspen which contain residential units. An applicant may make a cash payment in-lieu of dedicating land to the City. or may make a cash payment in combination with a land dedication. to comply with the standards of this Section. This section of the subdivision regulations requires the dedication of land or the payment of an in-lieu fee for each new residential unit in a subdivision. STAFF FINDING: DOES IT COMPLY? YES Cash in lieu of School land dedication is proposed and will be required to be paid by the applicant prior to issuance of building permit. - 11- .. EXHIBIT B DRC MINFTES MEMORANDUM To: Development Review Committee From: John Niewoehner, Community Development Engineer, DRC Caseload Coordinator Date: March 10,2004 Re: 3/10/04DRC Minutes: McGarvev Subdivision Attendees: Scott Woodford, Case Planner - Community Development Department Nick Adeh, Engineering Department John Niewoehner. Community Development Department Phil Overeynder, Water Department Tom Bracewell, Sanitation District Jerry Nye, Streets Department Ed VanWalraven, Fire Department Sarah Oates, Zoning Officers Brian Flynn, Parks Department Mitcli Haas, Planner for Applicant At the March 10, 2004, the Development Review Committee reviewed the following project: MeGarvev Subdivision and GlÂ¥lOS Exemption - The proposal is to subdivide an existing 13,500 sf lot at the corner of Fourth and Bleeker Streets into two lots - - one lot with 6,000 sf and 7.500 sf. The existing house will initially straddle the two new lots but the house will eventually be demolished to make room for two single-family houses. DRC COMMENTS Engineering and Streets: 1. Access: The City concurs that the driveways for the two new lots should be off the alley and the existing curb cut on Fourth Street should be abandoned. A new curb is to be installed in place of the abandoned driveway. -12- .. 2. Utility Pedestals: Any pedestals iii the alley adjacent to the lots should be moved out of the alley ROW and onto the property of adjacent lot. 3. Survey: A new survey is required for the subdivision plat. Both lots must be fully monumented with property pins at the lot corners. 4. Drainage: The building permit application needs to include a drainage and erosion control prepared by a professional engineer. Drainage from the lots cannot flow into the alley. 5. Snow Storage: Building plans must show area for snow storage off alley. (Snow from alley cannot be placed in alley.) Parks Department 1. Tree Removal: An approved tree permit is required prior to approval of the building permit. An approved tree permit requires a proposed landscape plan identifying trees for removal and means of mitigation. Please contact the City Forester for more information 920-5126. 2. Tree Protection: A vegetation protection fence shall be erected at the drip line of each individual tree or groupings of trees remaining on site. There will be no storage of construction materials, backfill, tools or construction traffic inside of the protective fence. There is no excavation or disturbance of the native area inside of the protective fence. This fence must be inspected by the city forester or his/her designee (920-5126) before any construction activities are to commence. No excavation, storage of materials, storage of construction backfill, storage of equipment, foot or vehicle traffic allowed within the drip line of any tree on site. 3. Landscape: Based on the mitigation for tree removal, an approved landscape plan will need to be submitted to the Parks Department. The building permit landscaping plan should include a landscaping the Fourth Street ROW adjacent to the property. Fire Department Nothing at this time. Sanitation District 1. Separate Sewer Services: The existing sewer service may be able to serve one of the two lots. A shared sewer service will not be allowed. Each lot needs its own service. 2. ACSD Standards: Service is contingent upon compliance with the District's rules, regulations, and specifications. which are on file at the District office. Water Dept: 1. Water Taps: The existing water tap must be abandoned. Abandonment o f the tap will occur when the existing building is demolished. 2. City Standards Compliance: All uses and construction will comply with the City of Aspen Water System Standards, with Title 25, and applicable portions of Title -13- .. 8 (Water Conservation and Plumbing Advisory Code) of the Aspen Municipal Code as they pertain to utilities. Zoning: 1. Lighting: Outdoor Lighting must conform to Lighting Code. 2. Existing Structure: The documentation of the existing house floor area must be submitted as part of the building permit. - 14- .. EXHIBIT C P&Z MINUTES PUBLIC HEARING: MCGARVEY SUBDIVISION - 433 WEST BLEEKER STREET Jasmine Tygre opened the public hearing for the MeGarvey Subdivision at 433 West Bleeker. David Hoefer stated that an affidavit was provided with proof of notice and posting. Scott Woodford stated that the applicant requested a subdivision and GMOS exemption to subdivide the existing lot into two single-family lots. Lot sizes are 6,000 square feet and 7500 square feet; the only option was to build single-family residences. Woodford utilized blueprints and drawings to show the existing lot line and proposed lot line, which goes through the existing house. The existing access to the house is off o f Fourth Street. Woodford said there were two development rights; to satisfy the exemptions they will have to provide ADUs or pay the cash-in-lieu. There will be some credits for the existing house; the timetable for reconstruction is 5 years from demolition unless an extension is granted by city council (memo page 5 #2.d.). Mitch Haas, representative for the applicant JNM Bleeker Street, stated this was like a lot split but wasn't because there was a provision in the lot split standards that ifthe property has ever been subdivided before then it could not be a lot split but had to be a subdivision. The first subdivision was done in 1981 or 1982. The subdivision does not add any density to the lots; it will take the Fourth Street access away and the alley will be used as it was meant to be. Haas stated the applicant plans to build himselfa new home on the corner lot (the 7500 square foot) and sell the other one. Roger Haneman asked if these were back to the original lots lines from 30 years ago. Haas replied that prior to 1982 it wasa 19,500 square foot lot. Doug Allen stated that those 496 lots and the lots next door were all under one ownership before it was subdivided. Tygre said that each created lot would have to provide an ADU or cash-in-lieu but i f an ADU was created it would still have to be included in the allowable FAR. Jack Johnson inquired that just because this was in the original township does it not mean that there was a historic TDR with either of theses lots for receivership or transference; he asked if it was only the structure that had the TDR transfer .. ability. Haas stated that this was not a historic property and it could only be transferred from a historic building. Brandon Marion asked if there were any restrictions whether the front of the house would be on Bleeker or Fourth. Haas responded that this situation would require the front to be on Bleeker because the block length was longer. Public Comments: Doug Allen, public, represents Sistie Fischer, said that they were happy to see this was being developed in a sensitive manner. Allen requested adding two conditions: that neither lot shall be further subdivided and neither lot have a duplex on it. Haas responded that an ADU would not be considered a duplex. Three commissioners thought the additional conditions were a good idea and two commissioners didn't have an opinion on the addition. MOTION: Brandon Marion moved to approve Resolution #14, series of 2004 for a Subdivision and GMQS Exemption for the McGarvey Subdivision at 433 West Bleeker Street subject to the following conditions: 1) Prior m issuance ofa building permit: a) Park Dedication fees shall be paid for any additional bedrooms that are added above and beyond what currently exists on the site. b) Cash in lieu ofschool land dedication shall be paid. c) Both of the new single-family residences shall demonstrate their compliance with the Residential Design Standards. d) An outdoor lighting plan Â®r each residence shall be submitted. e) All tap.fees, impacts fees, and building permit.Nes shall be paid. D Plans shall be submitted showing adequate area .for snow storage completely on-site and not in the public alley. g) An approved tree permit is required froni the City Forester. An approved tree permit requires a proposed landscape plan identifying trees for removal and means 01 mitigation. h) Based on the mitigation.for tree removal, an approved landscape plan will need to be submitted to the Parks Department. The building permit landscaping plan should include landscaping of the Fourth Street right-of-way adjacent to the property. 2) The existing house need not be demolished to accommodate the newly created lot boundaries and the encroachments into the side yard setbacks may continue to exist Â®r the life ofthe original structure only. Upon redevelopment, all structures on these two (2) lots shall comply with the R-6 Zone District provisions with respect to the newly created lot boundaries and setbacks. The subdivision plat shall grant an easement to allow for the existing residence to be maintained a cross the new lot line anti shallfunctionfor the life ofthe existing.Wructure only. The documentation Of the existing house.floor area must be submitted as part of the building permit. 3) Prior to Certificate of Occupancyfor a structure on either lot, any pedestals in the alley adjacent to the lots should be moved out of the alley ROW and onto the properly ofadjacent lot. 4) A new curb is to be installed in place of the abandoned driveway prior to Certilicate of Occupancy for a structure on either lot. 5) Prior to commencement of construction on either lot, a vegetation protection.fence shall . .. be erected at the drip line ofeach individual tree or groupings of trees remaining onsite. There shall be no excavation, no storage qfconstruction materials, backfill, equipment, tools or construction traffic inside of'he protective fence. This fence must be inspected by the cityÂ®rester or his/her designee before any construction activities are to commence. 6) A subdivision agreement and plat shall be recorded in the office ofthe Pitkin County Clerk and Recorder within 180 days following City Council approval. 7) The existing sewer service may be able to serve one ofthe two lots. A shared sewer service will not be allowed. Each lot shall require its own service. 8) Sewer service is contingent upon compliance with the Aspen Consolidated Sanitation District's rules, regulations, and specifications, which are on file at the District ollice. 9) The existing water tap must be abandoned. Abandonment ofthe tap shall occur when the existing building is demolished. 10) All uses and construction shall comply with the City of Aspen Water System Standards, with Title 25, and applicable portions of Title 8 (1/Vater Conservation and Plumbing Advisory Code) ofthe Aspen Municipal Code as they pertain to utilities. 11) 11. There shall be no further re-subdivision ofeither lot created by this approval and no duplex shall be constructed on either new lot. The option to construct an Accessory Dwelling Unit on either lot shall be permitted and shall not be construed as a duplex or a subdivision. Seconded by Roger Haneman. Roll call vote: Johns, yes; Johnson, no: Haneman, yes; Marion, yes; Tygre, yes. APPROVED 4- 1 .~0 MEMORANDUM TO: The Aspen Planning & Zoning Commission THRU: Joyce Allgaier, Deputy Director of Community Development FROM: Scott Woodford, City Planner RE: MCGARVEY SUBDIVISION, PUBLIC HEARING, SUBDIVISION AND GMQS EXEMPTIONS; RESOLUTION NO. \ H, SERIES 2004 DATE: April 20,2004 -1..FievA Â·--:9.:-24-4. 1 ,-a.\ 7 4. 1.-.-22 -'- -VU Photo of the existing house on the property ///i///////E . 1//4"/MA 40:14%2-LAIRW///UL Wi. .4;387Â£ taken from Bleeker - Street. The house is 1,1 proposed to be "/w"/1//6/3/W'alÂ· tr//ly/1&70 +4+AN,/mj azm demolished and the lot it ~~~ ~-g~~~~.P.*3~/"'11,1,9 Mirt)*Ic . ~< r~ sits on is to be - subdivided into two lots. 1.r>2 One of the proposed lots ~ ~ ~k ~ ~~ ~~ ~~ 1 . i..~. would be in the center of I'll'll'll'll//1//'llilizijill.'...1/i ~i , 1 .h i , - Wolm@NI~1 j t' 2- I' 1 EL - *4. râ€¢ 1 r the photograph where the existing trees and a I portion of the house are 49 D sitting. . PROJECT: McGARVEY SUBDIVISION REQUEST SUMMARY: Approval of the Subdivision and GMQS Exemptions to subdivide an existing lot into two single-family lots and utilize the development rights from the demolished, existing single-family to construct two single-family residences. APPLICANT: JNM Bleeker Street, LLP (c/o James MeGarvey, Jr., Partner), represented by Haas Land Planning, LLC ZONE DISTRICT: R-6 (Medium Density Residential) LEGAL DESCRIPTION Lot 1 Strandberg Lot Split (a/lda Lots A-D & W 92 Lot E, Block 37, / ADDRESS: Townsite of Aspen) / 433 West Bleeker Street STAFF APPROVAL OF THE SUBDIVISION AND GMQS EXEMPTIONS, WITH RECOMMENDATION: CONDITIONS MCGARVEY SUBDIVISION STAFF REPORT PAGE 1 . 471 0 PROJECT SUMMARY: The applicant's proposal is to subdivide the existing 13,500 sq. it. lot located at the corner of Fourth and West Bleeker Streets into two lots with newly created Lot 1A being 7.500 sq. ft. in size and new Lot 1B being 6,000 sci. ft.. As the minimum lot size in the R.-6 zone district is 6,000 sq. ft. per detached residential unit, each new lot will each be able to support only a single-family residence. The existing one-story brick house on the site may remain for the time being. although it will eventually be deniolished to make way for the new structures. It is not listed on the Aspen Inventory of Historic Landmark Sites and Structures and tlierefore does not have any special protections from demolition. Per the R-6 zone district standards. the allowed tloor area on Lot 1 A would be approximately 3.450 square feet. while Lot 1 B would allow approximately 3.240 sq. ft. for a single-family residence. The applicant is not required to submit designs for the proposed structures on the new lots at this point in the process, however. the designs will Â·be required to comply with the City's Residential Design Standards. According to the applicant, no variances are anticipated to be necessary to comply with the Residential Design Standards. Compliance with those standards will be determined at time of building permit. Vehicular access to each new lot will be from the alley at the rear while the existing access off of Fourth Street will be eliminated. All of the mature trees and landscaping will be preserved with the new lot layouts. No sidewalks currently exist around the property, nor are any required with this proposal, as the lot is located in a no sidewalk' zone as designated on the city sidewalk map. APPLIC.ABLE LAND USE SECTIONS: In order to accommodate the above development request. the following land use approvals are required: 1) GROWTH MANAGEMENT QUOTA SYSTEM (GMOS) EXEMPTIONS: Two GMOS Exemptions are requested for this proposal: â€¢ DETAeli ED ,SINGLE-FAMILY OR DUPLEX DWELLING UNIT Per Section 26.470.070(B) of the Code construction of a new detached single-family or duplex dwelling unit is exempt from Growth Management, subject to compliance with required staiidards (Staff Findings are attached in Exhibit A). Final Review Authoritv: Community Development Director. â€¢ RECONSTRUCTION OF DEMOLISHED UNITS: Section 26.470.070.A.2 of the Code states that reconstruction of demolished units shall also be exenipt from Growth MC GARVFY St IBDIVISION STAFF REPORT P.AGE 2 .. PROJECT SUMMARY: The applicant's proposal is to subdivide the existing 13,500 sq. ft. lot located at the corner of Fourth and West Bleeker Streets into two lots with newly created Lot 1 A being 7.500 sq. ft. in size and new Lot lB being 6,000 sq. ft.. As the minimum lot size in the R-6 zone district is 6,000 sq. ft. per detached residential unit, each new lot will each be able to support only a single-family residence. The existing one-story brick house on the site may remain for the time being. although it will eventually be demolished to make way for the new structures. It is not listed on the Aspen Inventory of Historic Landmark Sites and Structures and therefore does not have any special protections from demolition. Per the R-6 zone district standards, the allowed floor area on Lot 1 A would be approximately 3,450 square feet, while Lot lB would allow approximately 3.240 sq. ft. for a single-family residence. The applicant is not required to submit designs for the proposed structures on the new lots at this point in the process, however, the designs will Â·be required to comply with the City's Residential Design Standards. According to the applicant. no variances are anticipated to be necessary to comply with the Residential Design Standards. Compliance with those standards will be determined at time of building permit. Vehicular access to each new lot will be from the alley at the rear, while the existing access off of Fourth Street will be eliminated. All of the mature trees and landscaping will be preserved with the new lot layouts. No sidewalks currently exist around the .- property, nor are any required with this proposal, as the lot is located in a "no sidewalk zone as designated on the city sidewalk map. APPLICABLE LAND USE SECTIONS: In order to accommodate the above development request, the following land use approvals are required: 1) GROWTH MANAGEMENT QUOTA SYSTEM (GMOS) EXEMPTIONS: Two GMQS Exemptions are requested for this proposal: â€¢ DETACHED SINGLE-FAMILY OR DUPLEX DWELLING UNIT Per Section 26.470.070(B) of the Code, construction of a new detached single-family or duplex dwelling unit is exempt from Growth Management, subject to compliance with required standards (Staff Findings are attached in Exhibit A). Final Review Authority: Community Development Director. â€¢ RECONSTRUCTION OF DEMOLISHED UNITS: Section 26.470.070.A.2 of the Code states that reconstruction of demolished units shall also be exempt from Growth MC GARVEY SUBDIVISION S'rAFF REPORT PAGE 2 .. Management. subject to compliance with review standards (Staff Findings are attached in Exhibit A). Final Review Authority: Community Development Director. 2) SUBDIVISION: Section 26.480 of the Code pertains to Subdivision and subdivision review is required in this instance for the proposed split of the existing lot into two single-family lots. A lot split exemption is not applicable in this instance as the lot has been previously subdivided. Final Review Authority: City Council. EXISTING CONDITIONS/BACKGROUND INFORMATION: Per the Pitkin County Assessor, the existing house was constructed in 1973 and includes three bedrooms and three bathrooms. The site is basically tlat with five mature fir trees located toward the south end of the property. Access to the house and its two car garage is located off of Fourth Street. Vegetation on the site primarily consists of grass. Originally consisting of Lots A-F of Block 37, the lots making up the subject property were merged in 1975 to create a single lot; however, the lot was subsequently subdivided in 1982 to create Lots 1 and 2 of the Strandberg Lot Split Subdivision Exception. The subject property is referred to as Lot 1 Strandberg Lot Split. The adjacent Lot 2 Strandberg Lot Split remains undeveloped. STAFF COMMENTS: GROWTH MANAGEMENT 01_JOTA SYSTEM (GMOS) EXEMPTIONS: As stated above the applicant is requesting two GMOS Exemptions in order to accomplish their plan. The specific code provisions are listed below followed by a staff reply: 1. DETACHED SINGLE-FAMILY OR DUPLEX DWELLING UNIT (SECTION 26.470.070.B): The .1(,Ilowing shall be exempt front the growth management scoring and competition procedures: 1) the construction of one or two detached residential units or a duplex dwelling on a lot that was subdivided or was a legally described parcel prior to November 14,1977, that complies with the provisions of Section 26.480.020(E), or 1) the replacement Â®er demolition Of one or two detached residential units or a duplex dwelling, or 3) the remodel or expansion of a single-family dwelling into a duplex dwelling. This exemption shall not be applied to any lot .fbr which any other development allotment is currently being sought or is approved. This exemption shall not be deducted .from the respective annual development allotments established pursuant to Section 26.470.050 or,from the Aspen Metro Area development ceilings established pursuant to Section 26.470.030. Exemption review is by the Community Development Director. This exemption shall be granted only if the fbllowing standards are met. 1. Single-family. In order to qualify .for a single-family exemption, the applicant shelli have three (3) options: a. providing an Accessory Dwelling Unit (ADU) pursuant to Section 26.520: MIGARVEY St[BDIVISION STAFF REPORT PAGE 3 .. b. payin:g the applicable atfbrdable housing impact fee pursuant to the Aspen/Pit:kin County Housing Authority Guidelines, as amended; or c. recording a resident-occupancy (RO) deed restriction on the single-family dwelling unit being constructed. Staff Reply: From Section 26.470.070.B. above, the applicant's proposal utilizes the following provisions: \.3 nhe remodel of a single-family dwelling unit into a duplex dwelling: - As indicated in the discussion above, the staff recognizes the applicants right to 2 development rights on the site without having to actually convert into a duplex (see NOTE below). 1.1 "the replacement after demolition ofone or two detached residential units, and>' - This provision is necessary to replace the two inherent development rights on site after demolition in the form of two new single- family residences. 111 order to qualify for the exemption. the applicant has committed to either providing an ADU on each site or paying the applicable affordable housing impact fee (cash in lieu) NOTE: An Interpretation of Title from Section 26.470.070.B was requested by the applicant and approved by the Community Development Director (See attached Exhibit D for copy), officially recognizing that a lot that has an existing single-family. but is large enough to support a duplex, inherently has two development rights. Furthermore, the Director has ruled, it is not necessary for an applicant of such lot to physically convert the single-family into a duplex prior to demolishing it in order to secure such development rights. 1 2, , .* 1 I /:' / ' 1Â· Photo taken from the Â«F 4.. .10, I. alley looking back at . .-43 Â£ Ir e tile subject lot and 1/1,1 1/ 6. e~V;* I Bleeker Street 4 1 â€¢' 7. . t. - Â· 4.23 Q.1% ..f# 30j,9.-- 4.4 1 . i . . f. 3 fl ...7 --r.5.1 . 1,1 1. . 1 '1.mallit t: 1 , ..1 + i 1 - - I. ... . 1, ...4- f- ...7297727. 4 1/ ~t j~ 4.- I M('GARVEY SUBDIVISION S'I'AFF REPORT PAGI: 4 .. 2. RECONSTRUCTION OF DEMOLISHED UNITS (SECTION 26.470.070.A.21: The reconstruction of demolished units shall be exempt. An exemption request that includes a request .for an extension of the three year deadline on reconstruction of deniolished dwelling, hotel. and lodge units shall be accompanied by an improvements survey of the structure. No demolition shall occur until the Community Development Director has verified the accuracy of the improvements survey. The exemption for reconstruction of a demolished unit is available only upon a finding of compliance with the Â®llowing standards: a. An applicant may propose to demolish and then delay the reconstruction of existing divelling, hotel or lodge units. b. The applicant shall verify, by a letter submitted to and approved by the Community Development Director, the number of existing legal units on the property prior to demolition and shall agree that reconstruction will occur pursuant m the terms of this Xecdon. e. Reconstruction shall occur within five (5) years of demolition, unless an extension of this deadline is granted by the City Council.for good cause. d. Any build ing t hat is demolished shall be limited t o reconstruct ion on 1 he same parce l or on a contiguous parcel owned by the applicant, unless it is determined that reconstruction shall be permitted off-site pursuant to Section 26.520.020(D) Staff Reply: Section 26.470.070.A.2. allows the transfer of one of the two development rights the applicant has from one parcel to a contiguous parcel and establishes the timetable for utilizing those development rights. The applicant proposes to comply with all of the above criteria. Staff agrees that the criteria can be met. According to the applicant, they will reconstruct the existing dwelling within five years of demolition or seek an extension from City Council. Criteria "d" above allows the applicant to land one of the development rights on a contiguous parcel with the fathering parcel because it will be owned by the applicant. SUBDIVISION: A subdivision of the existing lot into two single-family lots is being proposed, therefore, the compliance with the review criteria of Section 26.480 is required. A two step process in front of P&Z and Council is required. Staffhas reviewed all oftlie subdivision criteria in Exhibit C and have found the request to comply with all of the applicable criteria. DEVELOPMENT REVIEW COMMITTEE (DRC) REFERRAL COMMENTS: The DRC meeting was held on March 10, 2004. The comments from that meeting are attached in Exhibit C. The applicant has either addressed all of the comments or will address them at time of final plat or building permit. Mt'GARVEY SUBDIVISION STAFF REPORT PAGE 5 .. STAFF SUMMARY AND RECOMMENDATION: Staff recommends approval of a Subdivision and GMQS Exemptions for the McCiarvey Subdivision, with conditions as put forth iii the attached resolution. RECOMMENDED MOTION: 1 move to approve Resolution No. ~Al~'. Series of 2004 for a Subdivision and GMQS Exemptions for the MeGarvey Subdivision." ATTACHMENTS: Exhibit A: Staff Findings - GMQS Exemption Exhibit B: Staff Findings - Subdivision Exhibit C: Referral (DRC) Comments Exhibit D: Interpretation of Title Mt GARVEY SUBDIVISION S IAFF REPORT PAGE 6 .. RESOLUTION NA ~, (SERIES OF 2004) A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING COMMISSION RECOMMENDING CITY COUNCIL APPROVE A SUBDIVISION AND GROWTH MANAGEMENT QUOTA SYSTEM EXEMPTIONS FOR THE PROPERTY AT 433 WEST BLEEKER STREET, LEGALLY DESCRIBED AS LOT 1 STRANDBERG LOT SPLIT A/K/A LOTS A- D & W M LOT E, BLOCK 37, TOWNSITE OF ASPEN, CITY OF ASPEN, PITKIN COUNTY, COLORADO. Parcel ID: 2735-124-42-001 WHEREAS, the Community Development Department received an application from JNM Bleeker Street, LLP (c/o James MeGarvey. Jr., Partner), represented by Haas Land Planning, LLC for Subdivision and Growth Management Quota System (GMQS) Exemption to subdivide an existing lot into two single-family lots and utilize the development rights from the demolished, existing single-family to construct two single- family residences; and. WIIEREAS, the Community Development Department received referral comments from the Aspen Consolidated Sanitation District, City Engineering. Building Department, Fire, Streets, Parks and Water Departments as a result of the Development Review Committee meeting; and. WHEREAS, said referral agencies and the Aspen Community Development Department reviewed the proposed plan for Subdivision and Growth Management Quota System (GMQS) Exemptions and recommended approval with conditions; and, WHEREAS, pursuant to Section 26.480 of the Land Use Code, Subdivision approval may be granted by the City Council at a duly noticed public hearing after considering recommendations by the Planning and Zoning Commission, the Community Development Director. and relevant referral agencies; and, WHEREAS, pursuant to Section 26.570 of the Land Use Code. GMQS Exemption approval may be granted by the Community Development Director: however. according to Section 26.304.060 of the Land Use Code the applicant has agreed to combine this administrative review with the other land use approvals sought and, WHEREAS, the Subdivision review by the Planning and Zoning Commission requires a public hearing and this application was reviewed at a public hearing wliere the recommendations of the Community Development Director and comments from the public were heard; and, -7- 0 . WHEREAS, during a regular meeting on April 20, 2004, the Planning and Zoning Commission opened a duly noticed public hearing to consider the project and where, by a to 0-3 vote. recommended City Council approve the Subdivision and GMQS Exemptions, with the findings and conditions listed hereinafter; and, NOW, THEREFORE BE IT RESOLVED that the Planning and Zoning Commission recommends that the City Council approve the Subdivision and GMQS Exemptions for the property at 433 West Bleeker Street subject to the conditions listed iii Section 1 below. Section 1: The approval is subject to the following conditions: 1. Prior to issuance of a building permit: a. Park Dedication fees shall be paid for any additional bedrooms that are added above and beyond what currently exists on the site. b. Cash in lieu of school land dedication shall be paid. c. Both of the new single-family residences shall demonstrate their compliance with the Residential Design Standards. d. An outdoor lighting plan for each residence shall be submitted. e. All tap fees. impacts fees. and building permit fees shall be paid. f. Plans shall be submitted showing adequate area for snow storage completely on- site and not in the public alley. g. An approved tree permit is required from the City Forester. An approved tree permit requires a proposed landscape plan identifying trees for removal and means of mitigation. h. Based on the mitigation for tree removal, an approved landscape plan will need to be submitted to the Parks Department. The building permit landscaping plan should include landscaping of the Fourth Street right-of-way adjacent to the property. 2. The existing house need not be demolished to accommodate the newly created lot boundaries and the encroachments into the side yard setbacks may continue to exist for the life of the original structure only. Upon redevelopment, all structures on these two (2) lots shall comply with the R-6 Zone District provisions with respect to the newly created lot boundaries and setbacks. The subdivision plat shall grant an easement to allow for the existing residence to be maintained across the new lot line and shall function for the life of the existing structure only. The documentation of the existing house tloor area must be submitted as part of the building permit. 3. Prior to Certificate of Occupancy for a structure on either lot, any pedestals in the alley adjacent to the lots should be moved out of the alley ROW and onto the property o f adj acent lot. -8- .. 4. A new curb is to be installed in place of the abandoned driveway prior to Certificate of Occupancy for a structure on either lot, 5. Prior to commencement of construction on either lot, a vegetation protection fence shall be erected at the drip line of each individual tree or groupings of trees remaining on site. There shall be no excavation, no storage of construction materials, backfill. equipment. tools or construction traffic inside of the protective fence. This fence must be inspected by the city forester or his/her designee before any construction activities are to commence. 6. A subdivision agreement and plat shall be recorded in the office of the Pitkin County Clerk and Recorder within 180 days following City Council approval. 7. The existing sewer service may be able to serve one of the two lots. A shared sewer service will not be allowed. Each lot shall require its own service. 8. Sewer service is contingent upon compliance with the Aspen Consolidated Sanitation District's rules, regulations, and specifications, which are on file at the District office. 9. The existing water tap must be abandoned. Abandonment of the tap shall occur when the existing building is demolished. 10. All uses and construction shall comply with the City of Aspen Water System Standards. with Title 25, and applicable portions of Title 8 (Water Conservation and Plumbing Advisory Code) of the Aspen Municipal Code as they pertain to utilities. Section 2: This Resolution shall not effect 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 3: 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. -9- .. APPROVED by the Commission at its regular meeting on April 20.2004. APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION: David Hoefer. Asst. City Attorney Jasmine Tygre, Chair ATTEST: Jackie Lothian, Deputy City Clerk - 10 - .. EXHIBIT A STAFF FINDINGS: GMQS EXEMPTIONS Section 26.470.070.A.2. of the Land Use Code applies in this situation. as described below: A.2. Reconstruction of demolished units. The reconstruction of demolished units shall be exempt. An exemption request that includes a request for an extension of the three year deadline on reconstruction of demolished dwelling, hotel and lodge units shall be accompanied by an improvements survey of the structure. No demolition shall occur until the Community Development Director has verified the accuracy of the improvements survey. The exemption for reconstruction of a demolished unit is available only upon a finding of compliance with the following standards: a. An applicant may propose to demolish and then delay the reconstruction of existing dwelling, hotel or lodge units. b. Tlie applicant shall verify, by a letter submitted to and approved by the Community Development Director, the number of existing legal units on the property prior to demolition and shall agree that reconstruction will occur pursuant to the terms of this Section. e. Reconstruction shall occur within five (5) years of demolition, unless an extension of this deadline is granted by the City Council for good cause. d. Any building that is demolished shall be limited to reconstruction on the same parcel or on a contiguous parcel owned by the applicant. unless it is determined that reconstruction shall be permitted off-site pursuant to Section 26.520.020(D). STAFF FINDING: ~ DOES IT COMPLY? YES The applicant has indicated that they will reconstruct the existing dwelling within five years of demolition or seek an extension from City Council. The existing dwelling will be redeveloped on the same parcel that it was demolished on and the second development right from the fathering parcel will be redeveloped on the newly created, contiguous lot owned by the applicant, in accordance with criteria d above. Section 26.470.070.B of the Land Use Code applies in this situation, as described below. 8. Detached single-family or duplex dwelling unit. The following shall be exempt from the growth management scoring and competition procedures: 1) the construction of one or two detached residential units or a duplex dwelling on a lot that was subdivided or was a legally described parcel prior to November 14, 1977, that complies with the provisions of Section 26.480.020(E), or 2) the replacement after demolition of one or two detached residential units or a duplex dwelling, or 3) the remodel or expansion of a single-family dwelling into a duplex dwelling. This exemption shall not be applied to any lot for which any other development allotment is currently being sought or is approved. This exemption shall not be deducted from the respective annual development allotments established pursuant to Section 26.470.050 or from the Aspen Metro Area development ceilings established pursuant - 11- .. to Section 26.470.030. Exemption review is by the Community Development Director. This exemption shall be granted only if the following standards are met. 1. Single-familv. In order to qualify for a single-family exemption, the applicant shall have three (3) options: a. providing an Accessory Dwelling Unit (ADU) pursuant to Section 26.520; b. paying the applicable affordable housing impact fee pursuant to the Aspen/Pitkin County Housing Authority Guidelines, as amended; or c. recording a resident-occupancy (RO) deed restriction on the single-family dwelling unit being constructed. STAFF FINDING: DOES IT COMPLY? YES The applicant has indicated that they will satisfy this requirement by either constructing an ADU or paying the appropriate cash in lieu fee on each lot. This decision will be made prior to building permit for each lot. - 12- .. EXHIBIT B ~TAFFFINDINGS: SUBDIVISION The Definitions section (26.104.100) of the Land Use Code explains that subdivision approval is required whenever leasehold interests will be transferred. Section 26.480.050 states that a development application for subdivision review shall comply with the following standards and requirements: A. General Requirements. a. The proposed subdivision shall be consistent with the Aspen Area Comprehensive Plan (AACP) STAFF FINDING: DOES ]T COMPLY? YES The future land use map in the AACP shows the subject site as "Residential". Therefore, the proposal to subdivide the existing lot into two single-family lots is in compliance with the future direction of the AACP. The project is also generally consistent with the applicable policies and goals of the AACP. The applicable elements of the AACP include locating residential development within the town limits, close to the commercial core and transit stops, and the provision of affordable housing in the form of an on-site accessory dwelling unit or payment of cash in lieu. b. The proposed subdivision shall be consistent with the character of existing land uses in the area. STAFF FINDING: DOES IT COMPLY? YES The proposed subdivision will be consistent with the character of the surrounding area because it proposes a similar density and lot layout as the surrounding land uses and will be designed to comply with the same R-6 zone district standards as its 11eighbors. c. The proposed subdivision shall not adversely affect the future development of surrounding areas. STAFF FINDING: DOES IT COMPLY? YES Staff believes that this development will not adversely affect the future development of the area because all development is internal to the site, does not encroach onto neighboring properties, and does not impact the public streets. d. The proposed subdivision shall be in compliance with all applicable requirements of this Title. - 13- .. STAFF FINDING: DOES IT COMPLY? YES All applicable requirements, including with the zoning requirements of the R-6 zone district are proposed to be met. B. Suitability of Land for Subdivision. a. Land Suitability. The proposed subdivision shall not be located on land unsuitable for development because of flooding, drainage, rock or soil creep, mudtlow, rockslide, avalanche or snowslide. steep topography or any other natural hazard or other condition that will be harmful to the health. safety, or welfare of the residents in the proposed subdivision. STAFF FINDING: DOES IT COMPLY? YES The site is essentially flat in grade and located far away from any adjacent natural impacts. The existing house on the site has not experienced any negative impacts in the thirty odd years it has existed. b. Spatial Pattern Efficient. The proposed subdivision shall not be designed to create spatial patterns that cause inefficiencies, duplication or premature extension of public facilities and unnecessary public costs. *TAFF FINDING: DOES IT COMPLY? YES Staff believes that the subdivision has been designed to avoid all of the above spatial patterns. C. Improvements. The improvements set forth at Chapter 26.580 shall be provided for the proposed subdivision. These standards may be varied by special review (See, Chapter 26.430) if the following conditions have been met: 1 A unique situation exists for the development where strict adherence to the subdivision design standards would result in incompatibility with the Aspen Area Comprehensive Plan, the existing, neighboring development areas, and/or the goals o f the community. STAFF FINDING: DOES IT COMPLY? N/A No variations are proposed to the subdivision design standards. 2. The applicant shall specify each design standard variation requested and provide justification for each variation request, providing design recommendations by professional engineers as necessary. STAFF FINDING: DOES IT COMPLY? N/A No variations are proposed to the subdivision design standards. - 14 - .. D. Affordable Housing. A subdivision which is comprised of replacement dwelling units shall be required to provide affordable housing in compliance with the requirements of Chapter 26.520. Replacement Housing Program. A subdivision which is comprised of new dwelling units shall be required to provide affordable housing in compliance with the requirements of Chapter 26.470, Growth Management Quota System. ~TAFF FINDING: DOES IT COMPLY? N/A The standards of Chapter 26.520, Replacement Housing Program, are not applicable because there is no replacement housing involved (said provision only applies to multi-family structures and does not apply to demolition of single-family homes). E. School Land Dedication. Compliance with the School Land Dedication Standards set forth at Chapter 26.630. Applicability. School land dedication standards shall be assessed upon all new subdivisions within the City of Aspen which contain residential units. An applicant may make a cash payment in-lieu of dedicating land to the City, or may make a cash payment in combination with a land dedication. to comply with the standards of this Section. This section of the subdivision regulations requires the dedication of land or the payment of an in-lieu fee for each new residential unit in a subdivision. STAFF FINDING: DOES IT COMPLY? N/A Cash in lieu of School land dedication is proposed and will be required to be paid by the applicant prior to issuance of building permit. -15- .. EXHIBIT C DRC MINLITES MEMORANDUM To: Development Review Committee From: John Niewoehner Community Development Engineer. DRC Caseload Coordinator Date: March 10, 2004 Re: 3/10/04DRC Minutes: MeGarvev Subdivision Attendees: Scott Woodford. Case Planner - Community Development Department Nick Adeh. Engineering Department John Niewoehner. Community Development Department Phil Overeynder, Water Department Tom Bracewell, Sanitation District Jerry Nye, Streets Department Ed VanWalraven, Fire Department Sarah Oates, Zoning Officers Brian Flynn, Parks Department Mitch Haas, Planner for Applicant At the March 10, 2004. the Development Review Committee reviewed the following project: MeGarvev Subdivision and GMOS Exemption - The proposal is to subdivide an existing 13,500 sf lot at the corner of Fourth and Bleeker Streets into two lots - - one lot with 6.000 sf and 7,500 sf. The existing house will initially straddle the two new lots but the house will eventually be demolished to make room for two single-family houses. DRC COMMENTS Engineering and Streets: 1. Access: The City concurs that the driveways for the two new lots should be off the alley and the existing curb cut on Fourth Street should be abandoned. A new curb is to be installed in place ofthe abandoned driveway. -16- .. 2. Utilitv Pedestals: Any pedestals in the alley adjacent to the lots should be moved out of the alley ROW and onto the property of adjacent lot. 3. Survey: A new survey is required for the subdivision plat. Both lots must be fully monumented with property pins at the lot corners. 4. Drainage: The building permit application needs to include a drainage and erosion control prepared by a professional engineer. Drainage from the lots cannot flow into the alley. 5. Snow Storage: Building plans must show area for snow storage off alley. (Snow from alley cannot be placed in alley.) Parks Department 1. Tree Removal: An approved tree permit is required prior to approval of the building permit. An approved tree permit requires a proposed landscape plan identifying trees for removal and means of mitigation. Please contact the City Forester for more information 920-5126. 2. Tree Protection: A vegetation protection fence shall be erected at the drip line of each individual tree or groupings of trees remaining on site. There will be no storage of construction materials, backfill, tools or construction traffic inside of the protective fence. There is no excavation or disturbance of the native area inside of the protective fence. This fence must be inspected by the city forester or his/her designee (920-5126) before any construction activities are to commence. No excavation, storage of materials, storage of construction backfill, storage of equipment, foot or vehicle traffic allowed within the drip line of any tree on site. 3. Landscape: Based on the mitigation for tree removal, an approved landscape plan will need to be submitted to the Parks Department. The building permit landscaping plan should include a landscaping the Fourth Street ROW adjacent to the property. Fire Department Nothing at this time. Sanitation District 1. Separate Sewer Services: The existing sewer service may be able to serve one of the two lots. A shared sewer service will not be allowed. Each lot needs its own service. 2. ACSD Standards: Service is contingent upon compliance with the District's rules, regulations, and specifications. which are on file at the District office. Water Dept: 1. Water Taps: The existing water tap must be abandoned. Abandonment o f the tap will occur when the existing building is demolished. 2. City Standards Compliance: All uses and construction will comply with the City of Aspen Water System Standards, with Title 25, and applicable portions of Title - 17 - .. 8 (Water Conservation and Plumbing Advisory Code) of the Aspen Municipal Code as they pertain to utilities. Zoning: 1. Lighting: Outdoor Lighting must conform to Lighting Code. 2. Existing Structure: The documentation of the existing house floor area must be submitted as part o f the building permit. - 18 - . - . EXHIBIT D INTERPRETATION OF TITLE HAAS LAND PLANNING, March 8,2004 Mrs. Julie Ann Woods, Director Mr. Scott Woodford, Planner Aspen Community Development Depa-rtment 130 South Galena Street Aspen, CO 81611 RE: Interpretation of Section 26.470.070(A)(2), GMOS Exemption for Reconstruction of Demolished -Units Dear Julie Ann and Scott: This letter is a request for a formal Interpretation of Title, pursuant to Section 26.306.010 of the Land Use Code. More specifically, the request is for a formal interpretation of Section 26.470.070(A)(2) of the Code as such relates to the use of residential reconstruction credits for the purposes of subdivision. The best way of explaining the request is by way of hypothetical example. As part of the example, a few premises must be outlined. First the hypothetical property is located in a zone district where the minimum lot area is 6,000 square feet and 9,000 square feet of lot area is the minirnum required to support a duplex or two detached residences. Next, the hypothetical lot has an effective area of greater than 12,000 square feet, ahd maintains one legally established single-family residence. Pursuant to plain and clear language of the Code, the residence on this hypothetical lot could be converted to a GMQS exempt duplex as a permitted use-by-right under the described zoning conditions. Assuming the conversion could be done without adding any FAR floor area, there would be no required payment of cash-in-lieu of an ADU for such a conversion. Since it is clear that . this can be done, the City Planning Office has informally decided in consultation with the City Attorney that two (2) reconstruction credits exist even if the actual conversion is notfirst carried out, That is, it has been agreed that it would be pointless to complete the conversion just for the sake of later demolishing the structure, and that allowing the reconstruction credits without this activity saves not on_ly resources, time and finances, but it also saves the neighborhood from having to accommodate unnecessary construction impacts. Â· 201 N. MILL STREET, SUITE 108 Â· ASPEN, COLORADO Â· 81611 Â· Â· PHONE: (970) 925-7819 Â· FAX: (970) 925-7395 Â· 1 March 8,2004 Page 2 Thus, the owner of the hypothetical property described above would maintain two (2) GMQS exempt residential reconstruction credits under the terms of Section 26.470.070(A)(2) of the Code, provided the conditions for use of the reconstruction credits can be met. Carrying this interpretation forward, it follows that the hypothetical property can be subdivided into two (2) lots that comply with the dimensional requirements of the zoning and the reconstruction units can be developed anywhere on the property that is consistent with the dimensional requirements and other applicable requirements of the Land Use Code. The subdivision would allow the two reconstructed units to be placed on separate, fee simple lots (if under common ownership) using the allowable FAR floor area for the size of lots created through the subdivision. Further, with each redeveloped unit, either an ADU or cash-in-lieu would have to be provided. In closing, it is respectfully requested that the Community Development Director formally confirm the above-described interpretation and understanding of the Code provisions by signing in the space provided below. If you should have any questions, please do not hesitate to contact me. Yours truly, Haas Land Planning, LLC AD Mitch Haas, AICP Owner/ Manager Signed: Grt-- A- 0~3-34- 3/11(01 ~te Ann Woods, Community Development Director Date c:/my documents/administrative/city/Subdiv-Recon Credits Intern . .. MEMORANDUM TO: Julie Ann Woods, Community Development Director FROM: Scott Woodford, City Planner RE: McGarvey Subdivision GMQS Exemptions DATE: May 17, 2004 SUMMARY: JNM Bleeker Street, LLP (do James MeGarvey, Jr., Partner), represented by Haas Land Planning, LLC, has applied for an administrative Growth Management Quota System (GMQS) exemption in conjunction with the proposed MeGarvey Subdivision. The applicant is requesting to subdivide the property into two lots, demolish the existing single-fanily residence, and then redevelop the new lots with two (2) new single-family residential units. The GMQS Exemption requested to accomplish this proposal is reviewed below: 1. LAND USE CODE SECTION 26.470.070.B (DETACHED SINGLE-FAMILY OR DUPLEX DWELLING UNIn B. Detached single-family or duplex dwelling unit. The following shall be exempt from the growth management scoring and competition procedures: 1) the construction of one or two detached residential units or a duplex dwelling on a lot that was subdivided or was a legally described parcel prior to November 14, 1977, that complies with the provisions of Section 26.480.020(IE), or 2) the replacement after demolition of one or two detached residential units or a duplex dwelling, or 3) the remodel or expansion of a single-family dwelling into a duplex dwelling. This exemption shall not be applied to any lot for which any other development allotment is currently being sought or is approved. This exemption shall not be deducted from the respective annual development allotments established pursuant to Section 26.470.050 or from the Aspen Metro Area development ceilings established pursuant to Section 26.470.030. Exemption review is by the Community Development Director. This exemption shall be granted only if the following standards are met. The applicant is requesting option 3) in the above GMQS Exemption to first be able to "remodel" the existing single-family residence into a duplex, in order to establish two (2) development rights on the site. A duplex would establish two development rights on the site - one for the fathering parcel and one for the newly created parcel. However, the applicant wishes to use the extra development right for use in the subdivision, and not to create a duplex. Instead of first physically converting the single-family into a duplex, the applicant has requested and received approval of an Interpretation of Title from the 1 .. Community Development Director, whereby the City agrees to recognize two inherent development rights on sites large enough to accommodate a duplex - without first having to physically convert the single-family into a duplex. The City agrees that requiring this conversion into a duplex prior to it being demolished is a waste of resources and is unnecessary. So, the applicant would have one development right on each lot to use for the construction of one single-family dwelling unit per lot. In addition, Section 26.470.070(B) requires that each newly constructed unit in the proposed subdivision provide employee housing mitigation in the form of one of the allowed mitigation options. This section of the Growth Management Quota System allows for an exemption from the GMQS scoring process provided that one of the following employee housing mitigation options is satisfied by the proposal: a. Providing an above grade, detached Accessory Dwelling Unit (ADU) pursuant to Chapter 26.520; or, b. Providing an Accessory Dwelling Unit authorized through Special Review to be attached and/or partially or fully subgrade, pursuant to Chapter 26.420; or, c. Providing an off-site Affordable Housing Unit within the Aspen Infill Area accepted by the Aspen/Pitkin County Housing Authority and deed restricted in accordance with the Aspen/Pitkin County Housing Authority Guidelines, as amended; or, d. Paying the applicable affordable housing impact fee pursuant to the Aspen/Pitkin County Housing Authority Guidelines, as amended; or, e. Recording a resident-occupancy (RO) deed restriction on the single-family dwelling unit being constructed. STAFF COMMENTS: The applicant has consented in the proposal to satisfy one of the abovementioned employee housing mitigation options for each new unit that is constructed on the site at time of building permit. Therefore, staff finds that the review requirements have been met and recommends that the Community Development Director approve the proposed GMQS exemption, with the conditions of approval described herein. APPLICANT: INM Bleeker Street, LLP (c/o James McGarvey, Jr., Partner), represented by Haas Land Planning, LLC LOCATION: Lot 1 Strandberg Lot Split (al/a Lots A-D & W 92 Lot E, Block 37, Townsite of Aspen) / 433 West Bleeker Street 2 .. ZONING: R-6 (Medium-Density Residential) Zone District. REVIEW PROCEDURE: The requested GMQS exemption may be approved by the Community Development Director, pursuant to Land Use Code Section 26.470.070(B): Detached single-family or duplex dwelling unit. STAFF COMMENTS: Review criteria and StaffFindings have been included as Exhibit "A." RECOMMENDATION: Staff recommends the Community Development Director approve the requested GMQS exemption for the MeGarvey Subdivision with the conditions established herein. APPROVAL: I hereby approve the GMQS exemption to develop up to two (2) units on Lots 1 and 2 of the proposed MeGarvey Subdivision subject to the following conditions: 1. The applicant shall satisfy one of the employee housing mitigation options as are set forth in Land Use Code Section 26.470.070(B); Detached single-family and duplex dwelling unit, for each of the new residential units to be constructed. 2. The granting of this GMQS Exemption shall be contingent upon the applicant receiving Subdivision approval from City Council for the subdivision for the APPROVED McGarvey Subdivision. JUN 2 1 2004 CLe-,Â£,U\3.- Date G hy /ofp Â£~0lie Ann Woods, Community Development Director GOMMUNiTY bc....u; .-I, .........IIi. - al'(OFNPAPTANCE: I, as a person being or representing the applicant, do hereby agree to the conditions of this approval and certify the information provided in this application is correct to the best of my knowledge. L -/0 7 3 - c LE. P/Date --2, , - ~,0/ AM Bleeker Street, LLP, J~s McGarvey, Jr., P~tner ATTACHMENTS: Exhibit A -- Review Criteria and Staff Findings 3 .. Exhibit A Review Standards and Staff Findings: 26.470.070(B) Detached single-family or duplex dwelling unit. Single-fam*. In order to qualify for a single-family exemption, the applicant shall have five (5) options: a. Providing an above grade, detached Accessory Dwelling Unit (ADU) pursuant to Chapter 26.520; or, b. Providing an Accessory Dwelling Unit authorized through Special Review to be attached and/or partially or fully subgrade, pursuant to Chapter 26.420; or, c. Providing an off-site Affordable Housing Unit within the Aspen Infill Area accepted by the Aspen/Pitkin County Housing Authority and deed restricted in accordance with the Aspen/Pitkin County Housing Authority Guidelines, as amended; or, d. Paying the applicable affordable housing impact fee pursuant to the Aspen/Pitkin County Housing Authority Guidelines, as amended; or, e. Recording a resident-occupancy (RO) deed restriction on the single-family dwelling unit being constructed. Staff Finding: The applicant has consented to providing one of the options for each of the units to be constructed. Staff finds this set of criteria to be met. 4 .. ATTACHMENT 7 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: , Aspen, CO SCHEDULED PUBLIC HEARING DATE: , 200- 19' ~ STATE OF COLORADO ) ) SS. County of Pitkin ) I, ~ 1,11.f C f 'fi lrÂ·--~~ (name, please print) being or representing an Applicant to the City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) o f the Aspen Land Use Code in the following manner: Â·f7 Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen at least fifteen (15) days prior to the public hearing. A copy of the publication is attached hereto. Posting of notice: By posting of notice, which form was obtained froni the Community Development Department, which was made of suitable, waterproof materials, which was not less than twenty-two (22) inches wide and twenty-six (26) inches high, and which was composed of letters not less than one inch in height. Said notice was posted at least fifteen (15) days prior to the public hearing and was continuously visible from the day of . 200 , to and including the date and time of the public hearing. -A photograph Of the posted notice (sign) is attached hereto. -- Mailing of notice. By the mailing of a notice obtained from the Community Development Department, which contains the information described in Section 26.304.060(E)(2) of the Asfen Land Use Code. At least fifteen (15) days prior to the public hearing, notice was hand delivered or mailed by first class pestage prepaid U.S. mail to any federal agency, state, county, municipal government, school, service district or other governmental or quasi-governmental agency that owns property within three hundred (300) feet of the property subject to the development application. The names and addresses of property owners shall be those on the current tax records of Pitkin County as they appeared no more than sixty (60) days prior to the date of the public hearing. A copy Of the o-wners and governmental agencies so noticed is attached hereto. (continued on next page) C . 0 4 V OL O -2 1 0 2.2 7*1 f% -C 4%311%22 n - A /O 8, %{ c f% E X: 4 0 0 . rb f.9 a M r *Â·. 0 6 rl no Â·Â·. 3 2% 9 2 - 4 8 <8 8 60/cd # i i 1 2v rt n #-1 J 2 2 = -8 2 . 7 * A 0 9 6 - < r /\ 09 u d O 19.M EK a M \J O 0 3 0 2 *1 0.2 $ - ti i~ CO 1= 0 61) cd 0 8 -98 0 - .9 of) m 0- C A g C 1% 8% 4 Z O - h 0 1 4 o 931 Mt 22: 32 Z W Â·M % 4 It .M 'N E PUBUC NOTICE & RE: MCGARVEY SUBDIVEION 500 AR 8 ~ 9.92 01 NOTICE IS HEREBY GIVEN that a public 0 4 .0 8 8 5 5 4 0 hearing will be held on Monday. June 28.2004 at a meeting to begin at 3:00 p.m. before the Aspen â‚¬t Â·Â·% gE:ggE City Council, City Council Chambers, City Hall, 130 S. Galena St., Aspen, to consider an applica- 2 1 E b LE =7 R tion submitted by JNM Bleeker Street, LLP (c /0 02 U .2 6. James McGarvey, Jr., Partner), represented by Haas Land Planning. LLC, requesting subdivision -4 ta -2 -2 -B R E -2 -0 approval to subdivide an existing lot into two sin- glelamily lots and utilize the development rights FS .51 Â·us .2 08 4,) U- from the demolished, existing single-family to 17 5 ' e EL E 43 F 4 % construct two single-family residences. The ad- dress of the subject parcel is 433 West Bleeker Street and is legally described as Lot 1 Strand- - berg Lot Split (a/Ida Lots A-D & W 1/2 Lot E, Block 37, Townsite of Aspen). For further Information, contact Scott Woodford at the City of Aspen Community Development De- partment, 130 S. Galena St., Aspen. CO (970) 920- 5102, (or by email at scottw@ci.aspen.co.us). s/Helen K. Klanderud, Mayor Aspen City Council Published in The Aspen Times on June 5, 2004. (1575) Rezoning or text ame dment. Whenever the official zoning district map is in shall WITNESS MY H FICIAL SEAL 4%9% NOIJVOITE[fld ZIHI or amended incidental to or as part epeal o f this Title and enactmen (NDIS) DI.LOX[ alLSOd I[Hl LIO HdVHDOIOHd , a3[OIION SVIONIE)V EIVAL :i[AOS (INV SUG[NaO G[HliO ISIT er the text of this Title is to such amendments. , the requir :SJLN211\IHOVI,LV ~e ~*~5ng"Affidavit ofNoti ' on in .. AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: 763 J Bl,Ea'ee Ar , Aspen, CO SCHEDULED PUBLIC HEARING DATE: cliJAâ‚¬ 2-23 , 200~ STATE OF COLORADO ) ) SS. County of Pitkin ) I, M ITCHEI.L ~ (name, please print) being or representing an Applicant to the City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) of the Aspen Land Use Code in the following manner: ./~ Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen at least fifteen (15) days prior to the public hearing. A copy of the publication is attached hereto. ~ Posting of notice: By posting of notice, which form was obtained from the Community Development Department, which was made of suitable, waterproof materials, which was not less than twenty-two (22) inches wide and twenty-six (26) inches high, and which was composed of letters not less than one inch in height. Said notice was posted at least ten (10)days prior to the public hearing apd was continuously visible from the F#lay of JU,le , 200 ~ , to and including the date and time of the public hearing. A photograph of the posted notice (sign) is attached hereto. ~ Mailing of notice. By the mailing of a notice obtained from the Community Development Department, which contains the information described in Section 26.304.060(E)(2) ofthe Aspen Land Use Code. At least ten (10) days prior to the public hearing, notice was hand delivered or mailed by first class, postage prepaid U,S, mail to all owners of property within three hundred (300) feet of the property subject to the development application, and, at least fifteen (15) days prior to the public hearing, notice was hand delivered or mailed by first class postage prepaid U.S. mail to any federal agency, state, county, municipal government, school, service district or other governmental or quasi-governmental agency that owns property within three hundred (300) feet of the property subject to the development application. The names and addresses of property owners shall be those on the current tax records of Pitkin County as they appeared no more than sixty (60) days prior to the date of the public hearing. A copy of the owners and governmental agencies so noticed is attached hereto. (continued on next page) . .' 0,10'AJ .. bi ~Â¢ Rezoning or text amendment. Whenever the official zoning district map is in any way to be changed or amended incidental to or as part of a general revision of this Title, or whenever the text of this Title is to be amended, whether such revision be made by repeal o f this Title and enactment of a new land use regulation, or otherwise, the requirement of an accurate survey map or other sufficient legal description of, and the notice to and listing of names and addresses of owners of real property in the area of the proposed change shall be waived. However, the proposed zoning map has been available for public inspection in the planning agency during all business hours for fifteen (15) days prior to the public hearing on such amendments. Â°430 Signature ~ The foregoing "Affidavit of Notice" was acknowledged before me this 3 3 day of -#/14< , 2002.,by /1,16 1,2 0 # 171 0 5 WITNESS MY HAND AND OFFICIAL SEAL My commission expires: S-- 24 -09 1 Lkho,f r-:0 . U t Notary Public : :0 o: o .....Bue'NÂ·. 8<J '47.E oF GO ATTACHMENTS: COPY OF THE PUBLICATION PHOTOGRAPH OF THE POSTED NOTICE (SIGN) LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED BY MAIL .. PUBLIC NOTICE RE: MCGARVEY SUBDIVISION NOTICE IS HEREBY GIVEN that a public hearing will be held on Monday, June 28, 2004 at a meeting to begin at 5:00 p.m. before the Aspen City Council, City Council Chambers, City Hall, 130 S. Galena St., Aspen, to consider an application submitted by JNM Bleeker Street, LLP (c/o James MeGarvey, Jr., Partner), represented by Haas Land Planning, LLC, requesting subdivision approval to subdivide an existing lot into two single-family lots and utilize the development rights from the demolished, existing single- family to construct two single-family residences. The address of the subject parcel is 433 West Bleeker Street and is legally described as Lot 1 Strandberg Lot Split (alk/ a Lots A-D & W !6 Lot E, Block 37, Townsite of Aspen). For further information, contact Scott Woodford at the City of Aspen Community Development Department, 130 S. Galena St., Aspen, CO (970) 920-5102, (or by email at scottw@ci.aspen.co.us). s/Helen K. Klanderud, Mayor Aspen City Council Published in the Aspen Times on June 5,2004 City of Aspen Account Smooth Feed Sheets-1-M Use template for 5160Â® .. 501 WEST MAIN LLC ALH HOLDING COMPANY GUNNISON ALPINE BANK ASPEN 314 S GALENA ST #200 435 W MAIN ST 600 E HOPKINS AVE ASPEN, CO 81611-1818 ASPEN, CO 81611 ASPEN, CO 81611 ASPEN HOUSING LLC ASPEN MESA STORE LLC ASPEN RETINA SURGEONS LLC 233 MILWAUKEE ST 500 W MAIN ST 5014 WOODHURST LN DENVER, CO 80206 ASPEN, CO 81611 MINNETONKA, MN 55345 BAILEY RYAN 1994 TRUST 50% ASPEN SQUARE CONDOMINIUM ASSOC ASPEN ULLR HOUSING LLC C/O JANUS CAPITAL 617 E COOPER AVE 120 E MAIN ST 620 E COOPER ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81611 BARKER JACK 1/2 INT BAUER WALTER F FAMILY TRUST BECK GLENN A PO BOX 7943 15935 VALLEY VISTA 16640 D STREET ASPEN, CO 81612 ENCINO, CA 91436 VICTORVILLE, CA 92392 BLEEKER STREET PARTNERS 11 BLEEKER STREET PARTNERS 11 CARINTHIA CORP 201 N MILL ST STE 102 PO BOX 8837 45 E LUPINE DR ASPEN, CO 81611 ASPEN, CO 81612 ASPEN, CO 81611 COMCOWICH WILLIAM L CITY OF ASPEN DESTINATION RESORT MGMT INC CHARLES CATHCART PROP MGT 130 S GALENA ST 610 WEST END ST PO BOX 1374 ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81612 FERGUS ELIZABETH DAWSON FISCHER SISTIE FRIAS PROPERTIES OF ASPEN LLC PO BOX 1515 442 W BLEEKER 730 E DURANT ASPEN, CO 81612 ASPEN, CO 81611 ASPEN, CO 81611 HAISFIELD AUDREY LEA HENRY KRISTEN HILLMAN DORA B TRUST 435 E MAIN ST 525 W HALLAM ST 504 W BLEEKER ASPEN, CO 81611 ASPEN, CO 81611-1246 ASPEN, CO 81611 HOTEL ASPEN CONDOMINIUM HOUGH JENNINE HUNT ROGER H ASSOCIATION PO BOX 3944 265 BRIGHTON RD NE 600 E HOPKINS AVE STE 304 ATLANTA, GA 30309 ASPEN, CO 81612 ASPEN, CO 81611 ILGEN EILEEN L & JACK D & ELOISE JANSS MARY TRUST MAC DONALD BETTE S TRUST 518 W MAIN ST 403 W HALLAM 15 BLACKMER RD ASPEN, CO 81611 ASPEN, CO 81611 ENGLEWOOD, CO 80110 ElAVERYÂ® Address Labels Laser 5160Â® * Smooth Feed Sheetsâ„¢ A- Use template for 5160Â® NATIONWIDE THEATRES CORPORATION MYERS JOSEPH V JR NORTH AND SOUTH ASPEN LLC A CALIFORNIA CORPORATION 421 W HALLAM ST 200 S ASPEN ST 120 N ROBERTSON BLVD ASPEN, CO 81611 ASPEN, CO 81611 LOS ANGELES, CA 90048 PATRICK JAMES K RICHTER SAM RISCOR INC 417 W HALLAM ST 7874 AFTON VILLA CT 2651 N HARWOOD ST #335 ASPEN, CO 81611 BOCA RATON, FL 33433 DALLAS, TX 75201-1576 SCHOEBERLEIN DEBORAH & JOSEPH SEALS JOHN R & CAROLYN STILWELL REED & CLAIRE 659 LINCOLN AVE 4410 MEDICAL DR #400 191 UNIVERSITY BLVD #714 CARBONDALE, CO 81623 SAN ANTONIO, TX 78229 DENVER, CO 80206 STRANDBERG JOHN J & JANE T WAGNER HOLDINGS CORPORATION ULLR HOMEOWNERS ASSOCIATION C/O BOA-HACKER LLC 600 E HOPKINS #304 POBOX 419119 C/O BILL POSS ASPEN, CO 81611 KANSAS CITY, MO 64105-2100 605 E MAIN ST ASPEN, CO 81611 WM HOLDINGS LLC WALNUT CREEK RANCH LLC WOLOFSKY MOIRA C/O KELLY MITCHELL 4520 MAIN ST STE 1050 129 CLARENDON AVE 300 B AABC KANSAS CITY, MO 64111-1816 PALM BEACH, FL 33480 ASPEN, CO 81611 ~AVERYÂ® Address Labels Laser 5160Â® .. .. AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: 13% kj.'REâ‚¬Ka 9. , Aspen, CO SCHEDULED PUBLIC HEARING DATE: 4*ti 209 , 200.~_ STATE OF COLORADO ) ) SS. County of Pitkin ) I, (name, please print) flÂ»â‚¬Ll 6 being or rebrbsenting an Applicant to the City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) of the Aspen Land Use Code in the following manner: Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen at least fifteen (15) days prior to the public hearing. A copy of the publication is attached hereto. Â·lilluÂ·f Posting of notice: By posting of notice, which form was obtained from the Community Development Department, which was made of suitable, waterproof materials, which was not less than twenty-two (22) inches wide and twenty-six (26) inches high, and which was composed of letters not less than one inch in height. Said notice was posted at least ten (10) days prior tathe public hearing and was continuously visible from the 24ay of *>fll- , 200 Â¢ , to and including the date and time of the public hearing. A photograph of the posted notice (sign) is attached hereto. 4 ~7~04 Mailing of notice. By the mailing of a notice obtained from the Community Development Department, which contains the information described in Section 26.304.060(E)(2) ofthe Aspen Land Use Code. At least ten (10) days prior to the public hearing, notice was hand delivered or mailed by first class, postage prepaid U.S. mail to all owners of property within three hundred (300) feet of the property subject to the development application, and, at least fifteen (15) days prior to the public hearing, notice was hand delivered or mailed by first class postage prepaid U.S. mail to any federal agency, state, county, municipal government, school, service district or other governmental or quasi-governmental agency that owns property within three hundred (300) feet of the property subject to the development application. The names and addresses of property owners shall be those on the current tax records of Pitkin County as they appeared no more than sixty (60) days prior to the date of the public hearing. A copy of the owners and governmental agencies so noticed is attached hereto. (continued on next page) - I .. ,. T. , Â¥ 2.0Â¢ .. Rezoning or text amendment. Whenever the official zoning district map is in any way to be changed or amended incidental to or as part of a general revision of this Title, or whenever the text of this Title is to be amended, whether such revision be made by repeal of this Title and enactment o f a new land use regulation, or otherwise, the requirement of an accurate survey map or other sufficient legal description of, and the notice to and listing of names and addresses o f owners of real property in the area of the proposed change shall be waived. However, the proposed zoning map has been available for public inspection in the planning agency during all business hours for fifteen (15) days prior to the public hearing on such amendments.~2<--~ Signature The foregoing "Affidavit ofNotice" was acknowledged before me this-20 day of Opt.< f ,1001,by m,joke/l )4/5la..5 4/4.Â§Â«.X WITNESS MY HAND AND OFFICIAL SEAL . O 9 0.4 't O L My commission expires: 4//2-900Â« H Z{ ~f,P j f 1 69 : - k J ty 2 -Â· A 1 t-ILJO 3*FL- c, -cr NktkgiMER:>, Notary Public , /4 6 ATTACHMENTS: COPY OF THE PUBLICATION PHOTOGRAPH OF THE POSTED NOTICE (SIGN) LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED BY MAIL .. PUBLIC NOTICE RE: MCGARVEY SUBDIVISION NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, April 20, 2004 at a meeting to begin at 4:30 p.m. before the Aspen Planning and Zoning Commission, Sister Cities Room, City Hall, 130 S. Galena St., Aspen, to consider an application submitted by JNM Bleeker Street, LLP requesting Subdivision approval and a Growth Management Quota System (GMQS) Exemption in order to subdivide the existing single-family lot located at 433 W. Bleeker Street into two single-family lots. The applicant proposes to eventually demolish the existing single-family residence and have a new single-family residence constructed on each of the new lots. The parcel subj ect to the request is legally described as Lot 1 Strandberg Lot Split (ajkja Lots A-D & W M Lot E, Block 37, Townsite of Aspen). For further information, contact Scott Woodford at the City of Aspen Community Development Department, 130 S. Galena St., Aspen, CO (970) 920-5102, (or by email at scottw@ci.aspen.co.us). s/Jasmine Tvere, Chair Aspen Planning and Zoning Commission Published in the Aspen Times on April 3,2004 City of Aspen Account Smooth Feed Sheets-[M Use template for 5160Â® .. 501 WEST MAIN LLC ALH HOLDING COMPANY GUNNISON ALPINE BANK ASPEN 314 S GALENA ST #200 435 W MAIN ST 600 E HOPKINS AVE ASPEN, CO 81611-1818 ASPEN, CO 81611 ASPEN, CO 81611 ASPEN HOUSING LLC ASPEN MESA STORE LLC ASPEN RETINA SURGEONS LLC 233 MILWAUKEE ST 500 W MAIN ST 5014 WOODHURST LN DENVER, CO 80206 ASPEN, CO 81611 MINNETONKA, MN 55345 BAILEY RYAN 1994 TRUST 50% ASPEN SQUARE CONDOMINIUM ASSOC ASPEN ULLR HOUSING LLC C/O JANUS CAPITAL 617 E COOPER AVE 120 E MAIN ST 620 E COOPER ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81611 BARKER JACK 1/2 INT BAUER WALTER F FAMILY TRUST BECK GLENN A PO BOX 7943 15935 VALLEY VISTA 16640 D STREET ASPEN, CO 81612 ENCINO, CA 91436 VICTORVILLE, CA 92392 BLEEKER STREET PARTNERS 11 BLEEKER STREET PARTNERS 11 CARINTHIA CORP 201 N MILL ST STE 102 PO BOX 8837 45 E LUPINE DR ASPEN, CO 81611 ASPEN, CO 81612 ASPEN, CO 81611 COMCOWICH WILLIAM L CITY OF ASPEN DESTINATION RESORT MGMT INC CHARLES CATHCART PROP MGT 130 S GALENA ST 610 WEST END ST PO BOX 1374 ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81612 FERGUS ELIZABETH DAWSON FISCHER SISTIE FRIAS PROPERTIES OF ASPEN LLC PO BOX 1515 442 W BLEEKER 730 E DURANT ASPEN, CO 81612 ASPEN, CO 81611 ASPEN, CO 81611 HAISFIELD AUDREY LEA HENRY KRISTEN HILLMAN DORA B TRUST 435 E MAIN ST 525 W HALLAM ST 504 W BLEEKER ASPEN, CO 81611 ASPEN, CO 81611-1246 ASPEN, CO 81611 HOTEL ASPEN CONDOMINIUM HOUGH JENNINE HUNT ROGER H ASSOCIATION 265 BRIGHTON RD NE PO BOX 3944 600 E HOPKINS AVE STE 304 ATLANTA, GA 30309 ASPEN, CO 81612 ASPEN, CO 81611 ILGEN EILEEN L & JACK D & ELOISE JANSS MARY TRUST MAC DONALD BETTE S TRUST 518 W MAI N ST 403 W HALLAM 15 BLACKMER RD ASPEN, CO 81611 ASPEN, CO 81611 ENGLEWOOD, CO 80110 ~ AVERYÂ® Address Labels Laser 5160Â® ~ Smooth Feed Sheetsâ„¢ Use template for 5160Â® NATIONWIDE THEATRES CORPORATION MYERS JOSEPH V JR NORTH AND SOUTH ASPEN LLC A CALIFORNIA CORPORATION 421 W HALLAM ST 200 S ASPEN ST 120 N ROBERTSON BLVD ASPEN, CO 81611 ASPEN, CO 81611 LOS ANGELES, CA 90048 PATRICK JAMES K RICHTER SAM RISCOR INC 417 W HALLAM ST 7874 AFTON VILLA CT 2651 N HARWOOD ST #335 ASPEN, CO 81611 BOCA RATON, FL 33433 DALLAS, TX 75201-1576 SCHOEBERLEIN DEBORAH & JOSEPH SEALS JOHN R & CAROLYN STILWELL REED & CLAIRE 659 LINCOLN AVE 4410 MEDICAL DR #400 191 UNIVERSITY BLVD #714 CARBONDALE, CO 81623 SAN ANTONIO, TX 78229 DENVER, CO 80206 STRANDBERG JOHN J & JANE T WAGNER HOLDINGS CORPORATION ULLR HOMEOWNERS ASSOCIATION C/O BOA-HACKER LLC 600 E HOPKINS #304 POBOX 419119 C/O BILL POSS ASPEN, CO 81611 KANSAS CITY, MO 64105-2100 605 E MAIN ST ASPEN, CO 81611 WM HOLDINGS LLC WALNUT CREEK RANCH LLC WOLOFSKY MOIRA C/O KELLY MITCHELL 4520 MAIN ST STE 1050 129 CLARENDON AVE 300 B AABC KANSAS CITY, MO 64111-1816 PALM BEACH, FL 33480 ASPEN, CO 81611 ~AVERYÂ® Address Labels Laser 5160Â® HAAS LAND PLANNING, LLC March 8,2004 Mrs. Julie Ann Woods, Director Mr. Scott Woodford, Planner Aspen Community Development Department 130 South Galena Street Aspen, CO 81611 RE: Interpretation of Section 26.470.070(A)(2), GMQS Exemption for Reconstruction of Demolished Units Dear Julie Ann and Scott: This letter is a request for a formal Interpretation of Title, pursuant to Section 26.306.010 of the Land Use Code. More specifically, the request is for a formal interpretation of Section 26.470.070(A)(2) of the Code as such relates to the use of residential reconstruction credits for the purposes of subdivision. The best way of explaining the request is by way of hypothetical example. As part of the example, a few premises must be outlined. First, the hypothetical property is located in a zone district where the minimum lot area is 6,000 square feet and 9,000 square feet of lot area is the minimum required to support a duplex or two detached residences. Next, the hypothetical lot has an effective area of greater than 12,000 square feet, and maintains one legally established single-family residence. Pursuant to plain and clear language of the Code, the residence on this hypothetical lot could be converted to a GMQS exempt duplex as a permitted use-by-right under the described zoning conditions. Assuming the conversion could be done without adding any FAR floor area, there would be no required payment of cash-in-lieu of an ADU for such a conversion. Since it is clear that this can be done, the City Planning Office has informally decided in consultation with the City Attorney that two (2) reconstruction credits exist even if the actual conversion is not first carried out. That is, it has been agreed that it would be pointless to complete the conversion just for the sake of later demolishing the structure, and that allowing the reconstruction credits without this activity saves not only resources, time and finances, but it also saves the neighborhood from having to accommodate unnecessary construction impacts. Â· 201 N MILL STREET, SUITE 108 Â· ASPEN, COLORADO â€¢ 81611 â€¢ â€¢ PHONE: (970) 925-7819 â€¢ FAX: (970) 925-7395 â€¢ .. March 8,2004 Page 2 Thus, the owner of the hypothetical property described above would maintain two (2) GMQS exempt residential reconstruction credits under the terms of Section 26.470.070(A)(2) of the Code, provided the conditions for use of the reconstruction credits can be met. Carrying this interpretation forward, it follows that the hypothetical property can be subdivided into two (2) lots that comply with the dimensional requirements of the zoning and the reconstruction units can be developed anywhere on the property that is consistent with the dimensional requirements and other applicable requirements of the Land Use Code. The subdivision would allow the two reconstructed units to be placed on separate, fee simple lots (if under common ownership) using the allowable FAR floor area for the size of lots created through the subdivision. Further, with each redeveloped unit, either an ADU or cash-in-lieu would have to be provided. In closing, it is respectfully requested that the Community Development Director formally confirm the above-described interpretation and understanding of the Code provisions by signing in the space provided below. If you should have any questions, please do not hesitate to contact me. Yours truly, Haas Land Planning, LLC Mitch Haas, AICP Owner/ Manager Signed: 4,4.- A- 0~334- 3/ /1/ 01 - ~fle Ann Woods, Community Development Director Date c:/my documents/administrative/city/Subdiv-Recon Credits Intern MEMORANDUM To: Development Review Committee From: John Niewoehner, Community Development Engineer, DRC Caseload Coordinator Date: March 10, 2004 Re: 3/10/04DRC Minutes: McGarvev Subdivision Attendees: Scott Woodford, Case Planner - Community Development Department Nick Adeh, Engineering Department John Niewoehner, Community Development Department Phil Overeynder, Water Department Tom Bracewell, Sanitation District Jerry Nye, Streets Department Ed VanWalraven, Fire Department Sarah Oates, Zoning Officerrs Brian Flynn, Parks Department Mitch Haas, Planner for Applicant At the March 10, 2004, the Development Review Committee reviewed the following project: McGarvey Subdivision and GMQS Exemption - The proposal is to subdivide an existing 13,500 sf lot at the corner of Fourth and Bleeker Streets into two lots - - one lot with 6,000 sf and 7,500 sf. The existing house will initially straddle the two new lots but the house will eventually be demolished to make room for two single-family houses. (Scott - - James has some Ordinance language that allows the existing house to straddle two lots.) DRC COMMENTS Engineering and Streets: 1. Access: The City concurs that the driveways for the two new lots should be off the alley and the existing curb cut on Fourth Street should be abandoned. A new curb is to be installed in place of the abandoned driveway. 2. Utility Pedestals: Any pedestals in the alley adjacent to the lots should be moved out of the alley ROW and onto the property of adjacent lot. (Put this requirement in Ordinance or Resolution.) 3. Survey: A new survey is required for the subdivision plat. Both lots must be fully monumented with property pins at the lot corners. 4. Drainaqe: The building permit application needs to include a drainage and erosion control prepared by a professional engineer. Drainage from the lots cannot flow into the alley. 5. Snow Storage: Building plans must show area for snow storage off alley. (Snow from alley cannot be placed in alley.) Parks Department 1. Tree Removal: An approved tree permit is required prior to approval of the building permit. An approved tree permit requires a proposed landscape plan identifying trees for removal and means of mitigation. Please contact the City Forester for more information 920-5126. 2. Tree Protection: A vegetation protection fence shall be erected at the drip line of each individual tree or groupings of trees remaining on site. There will be no storage of construction materials, backfill, tools or construction traffic inside of the protective fence. There is no excavation or disturbance of the native area inside of the protective fence. This fence must be inspected by the city forester or his/her designee (920-5126) before any construction activities are to commence. No excavation, storage of materials, Page 2 of 2 ~ March 10, 2004 McGarvey Subdivision storage of construction backfill, storage of equipment, foot or vehicle traffic allowed within the drip line of any tree on site. 3. Landscape: Based on the mitigation for tree removal, an approved landscape plan will need to be submitted to the Parks Department. The building permit landscaping plan should include a landscaping the Fourth Street ROW adjacent to the property. Fire Department Nothing at this time Sanitation District 1. Separate Sewer Services: The existing sewer service may be able to serve one of the two lots. A shared sewer service will not be allowed. Each lot needs its own service. 2. ACSD Standards: Service is contingent upon compliance with the District's rules, regulations, and specifications, which are on file at the District office. Water Dept: 1. Water Taps: The existing water tap must be abandoned. Abandonment of the tap will occur when the existing building is demolished. 2. Citv Standards Compliance: All uses and construction will comply with the City of Aspen Water System Standards, with Title 25, and applicable portions of Title 8 (Water Conservation and Plumbing Advisory Code) of the Aspen Municipal Code as they pertain to utilities. Zoning: 1. Lighting: Outdoor Lighting must conform to Lighting Code. 2. Existing Structure: The documentation of the existing house floor area must be submitted as part of the building permit. /DRC/McGarvey-Subdiv .. Aspen Consolidated Sanitation District Post-itÂ® Fax Note 7671 Date A8es i Paul Smith * Chairman Michael Kelly * Vice- Chair To A,le 4 From 6 (04 0,&003 ~~ Co./Dept Co. John Keleher * Sec/Treas Phone # Phone # March 17, 2004 Fax # 410 ill- 73Â¥4 Fax # Scott Wolford MOr- LIN Community Development BUILDING DEPARTMENT 130 S. Galena Aspen, CO 81611 Re MeGarvey Subdivision Dear Scott We currently have sufficient collection system and treatment capacity to serve this development. Service is contingent upon compliance with the district' s rules, regulations, and specifications which are on file at the district office. Fees for the project can be estimated one detailed plans are made available to our office for the completion of a tap permit. All fees must be paid prior to the issuance of a building permit. The existing four inch cast iron pipe service line for the property must be removed and capped at the district main at the approval of the district line superintendent. Individual services will be required for each lot/residence. All of the comments that we made at the 3-10-04 development review committee meeting remain valid and are incorporated here by reference. Please call if you have any questions. Sincerely, 4Â» ...,-,~70\4 Aâ‚¬-L t.â€¢--~ Bruce Matherly District Manager 565 N. Mill St., Aspen, CO 81611 / (970)925-3601 /FAX (970)925-2537 .. MEMORANDUM TO: Plans were routed to those departments checked-off below: ............ City Engineer Community Development Engineer Community Development Director i. ........... Zoning Officer Housing Director Parks Department Aspen Fire Marshal 1. ........... City Water 1. ........... Aspen Consolidated Sanitation District ............ Building Department Environmental Health Electric Department Holy Cross Electric City Attorney Streets Department Historic Preservation Officer Pitkin County Planning County & City Disaster Coordinator Transportation FROM: Scott Woodford, (scottw(*ci.aspen.co.us) Community Development Department 130 S. Galena St.; Aspen, CO 81611 Phone-920.5102 Fax-920.5439 RE: MeGarvey Subdivision - Subdivision and GMOS Exemption request to subdivide an existing 13,500 square foot lot into two, single-family lots of 6,000 and 7,500 sq. ft. in order to demolish tile existing single-family and to eventually construct a single-family residence on each lot. The request includes requests for GMOS Exemptions for the reconstruction of demolished units and for construction of single-family residences. DATE: February 27.2004 DATE OF DRC MEETING: March 10,2004 at 1:30PM. â€¢ NOTE: IF YOU CANNOT ATTEND THE MEETING, PLEASE EMAIL YOUR COMMENTS TO JOHN NIEWHOEHNER (johnn@ci.aspen.co.us) BY NOON ON MARCH 10.2004. THOSE COMMENTS WILL THEN BE INCORPORATED INTO THE DRC MINUTES. .. ATTACHMENT 7 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: Al 4/~03 (% ~ 4-X~ 9 u,kj , Aspen, CO SCHEDULED PUBLIC HEARING DATE: (-4 ~ -2-r I r U , 200_ C l STATE OF COLORADO ) ) SS. County of Pitkin ) 4 *~~-~1 litos / 1 < 1 (/1 Â·07 - (name. please print) being or representing an Applicant to the City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) of the Aspen Land Use Code in the following manner: ,4 Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen at least fifteen (15) , days prior to the public hearing. A copy of the publication is attached hereto. Posting of notice: By posting of notice, which form was obtained from the Community Development Department, which was made of suitable, waterproof materials, which was not less than twenty-two (22) inches wide and twenty-six (26) inches high, and which was composed of letters not less than one inch in height. Said notice was posted at least fifteen (15) days prior to the public hearing and was continuously visible from the day of , 200 , to and including the date and time of the public hearing. A photograph ofthe posted notice (sign) is attached hereto. , Mailing of notice. By the mailing of a notice obtained from the Community Development Department. which contains the information described in Section 26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to the public hearing, notice was hand delivered or mailed by first class postage prepaid U.S. mail to any federal agency, state, county, municipal government, school. service district or other governmental or quasi-governmental agency that owns property within three hundred (300) feet ofthe property subject to the Â· development application. The names and addresses o f property owners shall be those on the current tax records of Pitkin County as they appeared no more than sixty (60) days prior to the date of the public hearing. A copy Of the owners and governmental agencies so noticed is attached hereto. (continued on next page) .. Rezoning or text amendment. Whenever the official zoning district map is in ally way to be changed or amended incidental to or as part of a general revision of this Title, or whenever the text of this Title is to be amended, whether such revision be made by repeal of this Title and enactment of a new land use regulation. or otherwise, the requirement of an accurate survey map or other sufficient legal description of, and the notice to and listing of names and addresses of owners of real property in the area of the proposed change shall be waived. However, the proposed zoning map has been available for public inspection in the planning agency during all business hours for fifteen (15) days prior to the public hearing on such amendments. A<1 - Or at ~gnature The foregoing "Affidavit of Notice" was acknowledged befofe me thii 2-day of 0#Â£1/ y-1 j , 200~ by J Â£--,L,6 *-A -radÂ¢7 WITNESS MY HAND AND OFFICIAL SEAL PUBLIC NOTICE RE: MCGARVEY SUBDIVISION . : 9/~WA NOTICE IS HEREBY GIVEN that a public My commission expires hearing will be held on Tuesday, April 20.2004 at ' ~ a meeting to begin at 4:30 p.m. before the Aspen F Planning and Zoning Commission, Sister Cities Room, City Hall, 130 S. Galena St., Aspen, to con- sider an application submitted by JNM Bleeker 10 : St RAH Street, LLP requesting Subdivision approval and Notary Public 11 u, i OATES a Growth Management Quota System (GMQS) Ex- IA A Â·t emption in order to subdivide the existing singleÂ· 8 7, family lot located at 433 W Bleeker Street into 0/\Â·.. two single-family lots. The applicant proposes to ...07 eventually demolish the existing single-family res- N v olcadv Idence and have a new single-family residence constructed on each of the new lots. The parcel subject to the request is legally described as Lot & 1 Strandberg Lot Split (a/k/a Lots A-D & W 1/2 Lot E, Block 37, Townsite of Aspen). For further information, contact Scott Woodford ATTACHMENTS: at the City of Aspen Community Development De- partment, 130 S. Galena St., Aspen, CC) (970) 920- 5102, (or by email at scottw@ci.aspen.co.us), s/lasmine Tygre, Chair COPY OF THE PUBLICATION Aspen Planning and Zoning Commission Published in The Aspen Times on April 3,2(X)4. (1383) PHOTOGRAPH OF THE POSTED NOTICE (SIGN) LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED BY MAIL r- ly ' r McaA'RVEY SUWDIVISION A SUBDIVISION & GMQS EXEMPTION I APPLICATION r r r PREPARED By r HAAS LAND PLANNING, LLC 201 NORTH MILL STREET, SUITE 108 ASPEN, COLORADO 81611 PhonN (970) 925-7819 Faod#WIM (970) 925-7395 r Enuuu nt,u;uue,oprotruzt- r FEBRUARy, 2004 r AN APPLICATION FOR APPROVAL OF SUBDIVISION AND GMQS EXEMPTION REQUESTS FOR 433 WEST BLEEKER STREET Submitted by: JNM Bleeker Street LLP c/o James N. MeGarvey, Jr., Partner 432 Osceola Avenue Jacksonville Beach, FL 32250 Prepared by: HAAS LAND PLANNING, LLC 201 North Mill Street, Suite 108 Aspen, CO 81611 phone: (970) 925-7819 fax: (970) 925-7395 email: mhaas@sopris.net McGARVEY SUBDIVISION APPLICATION TABLE OF CONTENTS PAGE I. INTRODUCTION........ ......... II. PROJECT SITE & NEIGHBORHOOD (Existing Conditions)....................3 â€¢ Vicinity Map...........................................................................3 III. PROPOSED DEVELOPMENT IV. REVIEW REQUIREMENTS A. GMQS Exemptions................................................................7 B. Subdivision Approval............................ 9 C. Residential Design Standards.................................................12 V. VESTED PROPERTY RIGHTS..........................................................13 EXHIBITS Exhibit 1: Land Use Application & Dimensional Requirements Forms Exhibit 2: Pre-Application Conference Summary Exhibit 3: Proof of Ownership Exhibit 4: Letter of Authorization to Represent the Applicant Exhibit 5: Strandberg Lot Split Approval and Recorded Plat Exhibit 6: List of Property Owners within 300 Feet of the Subject Property Exhibit 7: Signed and Executed Fee Agreement I. INTRODUCTION This application requests subdivision approval and GMQS exemptions for ' the creation of two lots where only one currently exists. It is also requested that vested property rights status be granted along with the project's land use approvals. (See Land Use Application Form and Pre-Application Conference Summary, Exhibits 1 and 2, respectively.) The subject property is zorted (R-6) Medium-Density Residential, and is located on the southeast corner of West Bleeker and North Fourth Streets. It is legally described as Lot 1, Strandberg Lot Split, according to the plat thereof recorded October 18, 1982 in Plat Book 14 at Page 1 (a/Ida Lots A, B, C, D, and the West half of Lot E, Block 37, City and Townsite of Aspen). The project site currently includes a single-family residence but exceeds the lot area requirements for a duplex (or two detached residential dwellings). This zoned density potential provides two GMQS exempt residential reconstruction credits, thus allowing for the creation of two residential lots, as further explained later in this application. JNM Bleeker Street, LLP, James N. McGarvey, Jr., partner, (hereinafter "applicant"), owns the subject property (see Proof of Ownership, Exhibit 3). Authorization for Haas Land Planning, LLC to represent the applicant is attached as Exhibit 4. Exhibit 5 provides a copy of the approved and recorded Strandberg Lot Split plat. A list of property owners located within three- hundred feet of the property and an executed application fee agreement are attached as Exhibits 6 and 7, respectively. This application is submitted by James N. McGarvey, Jr., on behalf of JNM Bleeker Street, LLP, pursuant to: Section 26.480, Subdivision; Section 26.470.070(A)(2); GMQS Exemption for Reconstruction of demolished units; and, Section 26.470.070(B) - GMQS Exemption-Single Family and Duplex of the Code. The application is divided into five sections. Section I provides a brief introduction to the application, while Section II describes the existing conditions of the project site and neighborhood. Section III outlines the applicant's proposed development, and Section IV addresses the proposed development's compliance with the applicable review criteria of the Code. Section V is a request for vested property rights status. For the reviewer's convenience, all pertinent supporting documents relating to the project (i.e., proof of ownership, etc.) are provided in the various exhibits to the application. While the applicant has attempted to address all relevant provisions of the Code, and to provide sufficient information to enable a thorough evaluation of l McGarvey Subdivision Page 1 the application, questions may arise which require additional information ~ and/ or clarification. Upon request, the applicant will provide such additional information as may be required in the course of the review. Mc(Sarvey Subdivision Page 2 II. PROJECT SITE & NEIGHBORHOOD (Existing Conditions) - corner of West Bleeker and North Fourth Streets. It has a Parcel Identification The subject property, 433 West Bleeker Street, resides at the southeast Number of 2735-124-42-001 and resides within Aspen's West End neighborhood. The 13,500 square foot property is comprised of Lots A, B, C, D, and the west half of E, on Block 37, City and Townsite of Aspen. Lots A-F of Block 37 merged in 1975, creating a single property that includes the subject site. However, the merged parcels were separated in 1982 into what is now known as Lots 1 and 2 of the Strandberg Lot Split Subdivision Exception. The subject property is Lot 1, Strandberg Lot Split according to the plat thereof recorded with the Pitkin County Clerk and Recorder on October 18. 1982 in Book 14 at Page 1 as Reception Number 244854. The lot is rectangular in shape, with 135 feet of frontage on West Bleeker Street and 100 feet of frontage on South Fourth Street. The lot backs up to the alley and its easterly boundary is shared with Lot 2 of the Strandberg Lot Split. The approximate location of the property is indicated with a star ( *) on the Vicinity Map provided below. â‚¬ MAPOVE,7-3 'Der ' Jt#5 i -E & ' 6*{" 22 % 44 -2 T k 11 67)/ 13 }f ID C . W GilbspWa 16 j - U E â‚¬ 1 'f te .. i l if tat ' , -- Lon*Pine Rd i NAâ‚¬,3 3 h- 1 1 Smiyeo Gi ~ Ifn 3% .c r-+ Rlotrande '41,2- ' -St Ball Field h \O F r-Aspen (i- 1 843)2 .4.W.V . : i bf .*Paepcke Par.6 1 . 4,i~j - 9" i f Â£0: 0 *2 - 1% f 1 -ft-I., CN 9 lÂ»/ i .- 0894. AlrÂ·â€ž twagner parkirdikf 1 Â£9 Joen St--L * ,1 O2C103 Mapquest.corn, Inc.: 02003 Navigation Technologes 1 Vicinity Map - 433 West Bleeker Street McGarvey Subdivision Page 3 The only two conditions that were attached to the aforementioned ~ Strandberg Subdivision Exception approval have been satisfied. The first was a requirement for approval of a subdivision plat by the Engineering Department. - ' The recorded plat (Book 14 at Page 1 as Reception Number 244854) was signed by the City Engineer. The second condition required the applicant to join a sidewalk improvement district for both lots of the subdivision. This requirement ~ was accomplished in the form of a protective covenant recorded in Book 434 at Page 194. Existing improvements are limited to a one-story brick single-family residence. Per the records of the Pitkin County Assessor, the existing residential structure was built in 1973 and includes three bedrooms and three bathrooms. Vehicular access to an attached two-car garage is gained from South Fourth Street via a curb cut and asphalt driveway. Some five mature fir trees exist toward the rear of the property, which is essentially flat with no slopes in excess of ten percent. All other trees that appear to be part of the subject property are actually located on the adjacent lot or in the adjacent rights-of-way. For a detailed illustration of the existing conditions, please refer to the accompanying Improvement Survey and copy of the Strandberg Lot Split Plat. The property is zoned R-6, Medium-Density Residential. The "Purpose" of the R-6 zone district is " to provide areasfbr long term residential purposes with customary accessory uses. Lands in this zone district are generally limited to the original ~ Aspen Townsite, contain relatively dense settlements ofpredominantly detached and duplex residences, and are within uialking distance of the center of the City." The list of ~ Permitted Uses includes detached residential dwellings, duplexes, two (2) detached dwellings on lots 9,000 square feet or larger, home occupations, accessory buildings and uses, and accessory dwelling units meeting the ~ provisions of Section 26.520. The existing detached single-family residential use of the subject property is in conformance with the permitted uses of the R-6 zone. The property is served with natural gas by KN Energy, with electricity by Holy Cross Electric Corp., with telephones by Qwest, with sewer by Aspen Consolidated Sanitation District, and with water by the City of Aspen. Fire and ~ police protection are provided by the Aspen Fire Protection District and Police Department, respectively. The surrounding properties to the east west and north are single-family residential sites. To the west across North Fourth Street, is a contemporary one- story residence with a Mansard roof extending down to the ground. Immediately to the east of the subject site is the vacant, 6,000 square foot Lot 2 of the Strandberg Lot Split, then a 7,500 square foot site developed with a two-story ~ Neo-Victorian home (401 W. Bleeker). McGarvey Subdivision Page 4 ~|~IM17'",EJSH 0,~'e'F.'e'"i~'ENXâ‚¬W~E'E:2=* 1 + W E S 0 5gE 29 BACK OF CURB SCALE: 1"=10' . 1 1 4,487 BLEEKER . FLAGSTONE IALK REET 87 CULVERT 1 4 . 135.00,1 E S 75'09 .ASPHALT- D I VEWAY . N .... / 4 / 0 80 1 , 5 75' 09 60 "'E 6 Ch Â· 6 SINGLE-STORY BRICK HOUSE 1 -- 1 1 18 0 j 20.0. I 1 ..3 fe 48 LOT 2 LEGAL DESCRIPTION / 6000 SF . LOTS I AND 2. STRANDBERG LOT SPLIT, CITY OF ASPEN. PITKIN COUNTY. COLORADO Â·. ~- CULVERT Â£ LOT 1 t 2 3 9 - 13500 SF \ e IMPROVEMENT SURVEY CERTIFICATE -44.. 1 HERESY CERTIFY THAT ON NovEURER 20. 2003 A SURvEY WAS PERFORNED BY NE ON THE PARCEL Of LAND _ ISMED HEREIN A SINGLE-STORY BRICK HOUSE WAS FOUND TO BE ON SAID PARCEL AS 51Â·10Â¥N oil PLAT. ALL EASEMENTS, ENCROACHNENTS AND RIGHTS-OF-WAY I EvIDENCE OR KNOWN TO NE ARE SHOWN THIS THIS SURVEY 8 TRUE ANI} 1 'pRECT TO THE BEST OF MY KNOWLEDGE AND BEL IEF. 541% REP w A .n.#;' El/2 Lot G 13Â·/01,4&,1 - m X Block 37 BY~-~~~ii ~------ Nk 14~11 0- 4-,2Â·Â·Â· ..9>i 4Â£ LEY LEGEND 14D NOTES W "O$Â·ica;5 4.7,11*1 -798 / G FOUND ALUMINUM CAP x e FOU~ REBAR & CAPPE& LS 5933 60 004*- 0 FOUND REBAR & CAP L.S 9184 O FOUND .5 REBAR O SET REBAR & CAP L.S. lilli m TELEPHONE PEDESTAL ~ LIGHT POLE ~1 CA Tv PEDESTAL ED ELECTRIC METER ~ SEWER MANHOLE IMPROVEMENT SURVEY EDGE E ASPHIT ROAD 433 WEST BLEEKER STRET LINES IN SPACE ASPEN. COLORADO - -DITCH CENTERLINE LAND SURVEYS -- FE NCE L 1 NE BY LINES IN SPACE 12Â»37 SYDNEY LINCEOME ( L.S. MIll] BOX 0 CARROADALE. COLO 970-963-3852 DATE 1/26/03 SCALE. r - 10 JOB NO. 03-8 BLEEK 433 FOURTH STREET - book /9 Â»Ar / ETÂ· I 1'Â·-' 1:-1 Â·u 7- E 1 1". Eli 2- - fl, 12, ifl IiL yl 4 78 '5â‚¬I Â·WIDE . rÂ·, i ~9 ?n ir= le. m /\\ 25.4 511 2. 16 1, , . Cu:-2 1 4.-7 7. So Â¥ 50 / 924:2 - 10 qi , j li k *10 11 2' S 1 4 0 18' BLUE SPRUCE 14 Blut EFRUCS i. ~ 2 7=23 8.ARS 0, 98.AmNE Â· FCVWD Â¥ONOWEN"3 AS 3/YOWN F.UND; CIFV MC,Nut'EIT L & 4:* S 75Â°09 }1 E 193 00 - *Â¥rhEBAR 8 90 FOUND REBA' 8 CAF 92 "or f .5 3933 'Rk ~ I _ -b 11 1 13 vi,ME ' 3 ~ t - : 1/6/rl - 9'OFTv k.LAP 1 5 O C o O m Ojj ' 2/.LUCE I 4 F... Â· i ~ i; :; Â£Â£67*Â© : */ 10' I 1 20 k ../.47=/ Ah 1 1- , , p ... Ell '7. , ter/75 1 . ... ./. /, 'lle/ -. .2J-Â·4~H-1 64 p<2 3 ,%-T glr-2 L.-J =0. W Al 6 7,2-- Â»TÂ«313 72*Eft)â‚¬41"tÂ«,1.â€ž 2 ' , ' 044 ||Ll' SPRUCE 3 Lâ‚¬ '2:9Â»72 Cze >:22â‚¬2Â»2 4 4/ ./ Â· - 'h 05 , . i w'E 9,Â·A. 240 -rÂ·:SE ~ i L .5., ~~imuppÂ»~via,PÂ· N ~~23*40,127 Â¢3 22 2 -... -=21- . , \4296*SFi 0 1 , - . UU . 2-8-i/9..C OWNER - SUBDIVIDER 0.0 60-x Â©407.68 Cok X>*% Fi!G' 2 JOHN ..1 5FFÂ«+DaERâ‚¬ AND JANE T STRA.NOP>EleG tti gr zz - 303 82.9 4554 d 5 . 0 02Â·6 ./S 1 2 1 Af E r t3500 50; FT n -E 13 012.-1/ LOT 1 LOT 2 LAND SURVEYOR : 6000 SQ,FÂ« -1 2 40 L JAMIES F RESER L S 5184- F r Â©. 7 6- i.pre-suu:vE-itÂ· . 8014 ~-80 AEPUÂ·-4 Ce,-DFJOD 6% 303 57.5 1658 1 00 Vt' \ med i Â©18. IR 1 1 C 461' ell 1 1 ' 05'FIR . 4 4 , , I OIl."R L , >20?49 Â· 41â€¢AR a CAP :3/13' 6 , ------ / - -/ - ----- â€¢ --0 FOUND REF+AR 6 CIP SURVEYOR'S CERTIFICATE "BASIS OF BEARING'J 3/115 8911531.-2-- 9% r . ~ â€ž_Â·..._-~9Â°09'11". Repe{ 193Â·CO FELD )94 95. L S 9,2~4 LS 3,84 ;, 3UES F R.E.>MR , i. REG{STEREE;Â· COLORAEÂ© SilevEYOR Â· " (RES*STRKE,014 9 9164),MEREEÂ¥ CERTIFY TI.AriN JILY, '267., A 60*0.'EY :NAS PER?~~LiED UNDER hÂ« DiFLECT-!Ch AND SUPERViSION OF THE HERE,N DESCRZE,ED REAL Pm:OPER-TY ,#0 IN ACCORDANCE WITH 021.ORADO REVISED STATUTES 273, O SEWER MANHÂ« k TIT'LE 38. ARTICLE 61 kNO -1-P.Kr 71.15 MAP ACCUMEO' AND e SUBSTANT'kU< DEnters' 92) SURVEY ,' ./ / 1 2039 257 WIDE) - L .12 -2 11-: L / .--4 11 21. -JAMâ‚¬5 F RESER L 5 3!54 CITY OF ASPEN SUBDIVISION PLANNING AND ZONING CERTIFICATE Or TITLE PROPERTY DESCRIPTION OWNER'S CERTIFICATE AND <~ ~ APPROVAL AND ACCEPTANCE COMMISSION APPROVAL STATEMENT OF SUBDIVISION i NANSAMERÂ» TITLE INSURANCE COMPANY A LICENSED A.L OF LOTS A.B.(2.2.E,F /.ND -ME ?eÂ¥ HAÂ·,r OFLOT G T:TLE INSURANCE COMPAI,Y AUTMORIZED '10 00 SUSINESE BLOCK 37, OR.Â·GIN.Ul- ASPEN -TDW'19TE , F*TKIN COUNTY, THIS SUBOf\' SION PLAT OF THE STRAND!BERG i.(7 SPi-1- Â·'406-3 THIS SJEÂ·D 1!5!ON FLAT OF Tile S RANDFZRS LOT SPUT WAS IN THE ST-Al-E oF COL.ORA.DO HEREST' CER-r'FIES THAT TRANE-Â· COLOFRADO ACCEP'I[-} 22 13Â« EFTY COUNot 7 -PME CiTY OF ASPEN. APPROVED 8Â·Â·r THE C~Ty OF P.50<.4 ,=1 AIN;* AND ZONING AMERICA TITLE INSURANCE ODIâ€¢(FANY HAS EXAMINED TME. O*WERS OF THE RIAL Â¥12DPERTY DESCR~BED *02Â£I,Â¥4, DO ~ ~ JOHN J BTRANDBER.G A*60 244& T STRANDBERS AS 45 5 6 r.*r oF 4.Â¥!re-â€¢Â·t~Â»e-z c CEÂ¥99~559* wri 19 3Â« OF > Fp P 1551 KEREEr SUBDIVIDE 5,4 to FEAL PROPERTY orTO 1-DTil 2%<Â»-49~212 AijACW>DZE#El*A up .>J KPE- 1, t.#*LL AJE) 2, TO BE KNOWN AS 1-4E 5Â·TRANOBER: LUT SPLI 1 10 Ul .- Â£7, !362 AT 8Â·00 AM THAT TITLE TO THE RDLLOWÂ· 'OF- pn+K,N 31*TE OF COL{INKADO S VESTED 11 -O*4 2 ~gy-~/67t 2,4-,~,Â· INGEâ‚¬SCRIBED REAL PROFEEXTY SITUATE 'N-THECOUNTY . -4,44*47Â«y Fâ„¢ANOBE|*G AND JANE T. STRANDSERG, AS JCANTTENANTS C/h,2.'AN 4â‚¬ Cr OR 4.-4 *1 FEE 81}AP:_[ . TO WIT : , . 30Â¢14./ STRANDes!79& ALL OF LOTE A. 8. C. D.E,FF AID THE WES- HALF OFÂ· LOT C 6.OC/. 3-7, CIrr AND TOWNSITE OF ASPEN SA;O TITLE TO LOTS A, 8, C AND D, AND THE Â·WES-T H.~LP OF LOT E, BLOCÂ¥- ~- 9 Â· 54*.diÂ£,4 57 Cll-v AkED TOWNSETE OFASPE.h WAS VESTED IN JOWN J *NE- T STRANDEERGU ST*A408ERG AND JANE T 61Â»34-DRENG Br WARRANTÂ¥ (333-_-{-IN=f;friEELTS APPROVAL PAARS' APPROVAL DEED RECORDED MK'f -9. 268 04 BOOK 234,â‚¬7 PAAE 530 CLERK AND RECORDER'S STATE OF COLDRADD '~ c c 21 AND-TO THE EAEY NALF OF Let Â£ AL. OF LOT L AND-n:IE :4 Â·,C --"2Â·-E,IP(6 LJ;:9:%- -Â· -. :i r'- OF 1 Â·,! -Â·di, #reERG LOT ga_i-1 W EST HA:_F OF LCiT G BLOCK 5? CIT" A.Kiti TOWNS;TE Cfr ACCEPTANCE COO~r,Â·r gÂ¥~ PVF k l. 1 7,4Â· 41.'MO J 1 -1 713' %' . i 'Â· ';1'2ER O}J TPE Ct,-FY oy .0 be.:-, ..'. 57 ~Â·15 CD-Â·6.'Â· "Â·,C'Â·' OF Ca/'KS CT â‚¬ 7 ASPEN WAS vESTED A Jo*Â·IN d STRANDSDR.3 AND JANE â‚¬ 'ch Th,th 23 5Â·4Â· -- bEPT !981 '.... T. .3.30 20 D. T LE -5/PrÂ· ' ~68 2 2-T'MANDEERG BY WA.RRANTY DEED. REDDRDED PEER.uk.Py 61 7#15 SUBC#V,StÂ©K, FLK- OF TME Slre<NO5f RG UTT art'T I 1 1/- p.rREGr:ING OWNEL/3> COET'.FIC*TE AND STATEMENLOF Â· 26-22 %Â·Wi -.* 0. 0...iEfL. tel KT[ MPEN. COLOÂ«EXE 424,3 9.ECIOP.EFâ‚¬ rv pr.Â·Â·..N O>JNTL COLOA '-DCÂ· 4,4 f.â€¢ 1-K 2,-1 33 Pl,GE 811 , WA.:% Ace/F"FfÂ·n FO 2 Â· dr '/TFKY 8.Â·FtÂ·.Â· Â· -'--Â· Â·Â·16 ACKNOW.F.DIED EFOEN kE TME=> 29 , 6/ 34\ rjhf#9+P[dul .Â· E O. TWE CLERK 01., 44*â€¢AÂ·*44.eaZI Â»k /v . M.Ii.143.,f--- KT-JUOÂ·CLOr, fLM, r.,5 /9- DA- :'1 .0.t .,1587 53 1 . 'Â·Â·Â·Â· i J . 'Â· A-POSERG ANIC >04Â£ T ST/-434/EELEE 1/3 -- m=/47_. 'N. PLAT !300' / 9 10- 90 1, 4/2 r ES'60. i'.0 Â·Â·Â· "RANÂ·Â·BXMER C.1 71 71. Â£ !1746.J PA.NCR- Â·t ASP-EFLUENT RELL-Â·42-DEL 14 2Â·-:OF An- 95 *mes u. X./O â€¢ME) OF.vak BEA i 1 %5 C:ObÂ·-Â·1 5.c :0:' Dipl~~ES 3/2,-4*p ' U , Ppair i JLA. â‚¬-1 --. a,4 41,Â¢,t, 1 -- k..P N.CEÂ·dÂ·T ... Â·Â·Â·Â·â€¢ F11% -1. i 44'-3 ...F'.......1 - i 213 Â·,42Â·f~4=,Z~ /032,52 OF KED-Baw /-10 >..l. "e-1*./.2- A-Â·- 11 -0 .2 Jut 1 Surve,ed &* ZI , :1582 R...'sioer Â·Â· ./the STRANDBERG LOT SMUT aot No 82-97 Drafted A.KSLÂ· 2 â€¢ F. 190,- 0 4'pine Surveys Clefl/ STRAND, BE~ Cost Offre Bal =7230 AST):.. (:VI/)/d' Rts,1 3.3 02% 0/ 2 6 Across West Bleeker Street from the subject site, a lot containing just one single-family home (442 W. Bleeker) consumes the entire block with the - exception of Pioneer Park at the corner of West Bleeker and North Third Streets. A 1.5-story Victorian with additions (500 W. Bleeker) resides caddy-corner from the subject site, at the northwest corner of West Bleeker and North Fourth Streets. Across the Block 37 alley, the properties are developed with office uses fronting on West Main Street. There are two properties directly across the alley from the subject site: the one at the corner of West Main and North Fourth Streets is The Beck House---a Victorian that has been converted to office use; and, the one immediately to the east of the Beck House is a two-story structure containing dental and eye care offices. The remainder of the Block 37 Main Street frontage is consumed by the Floradora Building (medical and eye care offices). Caddy- corner from the subject site, at the northwest corner of West Main and North Fourth Streets, is the Mesa Building, which houses the 02 clothing store and exercise studio. The alley at the rear of the subject property is unused by the properties fronting on West Bleeker Street. In fact, each of these residential properties is fenced off from the alley. Only two single-family homes exist on Block 37 and neither takes access from the alley. The businesses sharing the Block 37 alley all maintain head-in, on-site parking spaces off the alley that are signed for tenant/permit parking only. As it now stands, all of West Bleeker Street between North Fourth and Third Streets contains only three single-family homes, In total, the surrounding uses include a mix of single-family residential, offices, and retail commercial (in the Mesa Store building). The architectural styles used on the surrounding buildings vary widely. For instance, the architectural styles associated with the adjacent properties can be described as follows: Second Empire (circa 1860-1880) at 442 West Bleeker Street (to the north); Neo-Victorian to the east; Victorian to the northwest and south; 1970's Contemporary to the west and southeast; False-Front Storefront (circa 1870-1900) at the Mesa Building to the southwest; and International Style existing on the subject site. The surrounding structures range from one to two-and-one-half (1- 2.5) stories above grade, and roof forms vary from flat and shed roofs, and from steeply pitched roofs to mansard roofs. McGarvey Subdivision Page 5 III. PROPOSED DEVELOPMENT ~ The Applicant proposes to subdivide the 13,500 square foot subject ' property into two lots as shown on the proposed McGarvey Subdivision Plat (see the following page). The resulting lots will eventually be redeveloped in accordance with the R-6 zoning and other provisions of the Land Use Code. The proposal subdivides Lot 1 of the Strandberg Lot Split into two lots, hereinafter referred to as proposed Lots lA and lB, McGarvey Subdivision. Proposed Lot lA is located on the corner of West Bleeker and North Fourth Streets. Lot lA will have an area of 7,500 square feet with 75 feet of frontage on ~ West Bleeker Street (and on the alley) and 100 feet of frontage on North Fourth Street. Lot lA will include Lot A, B, and the westerly half of Lot C, Block 37, City and Townsite of Aspen. Lot lB will have an area of 6,000 square feet and ~ will reside immediately to the east of Lot lA. Lot lB will include the easterly half of Lot C, all of Lot D, and the westerly half of Lot E, Block 37, City and Townsite of Aspen. Using the reconstruction credits concept described in greater detail under the GMQS Exemptions section of this application (below), the existing property maintains two (2) GMQS exempt residential reconstruction credits by virtue of being capable of supporting a duplex or two detached residences as a permitted ~ use. As such, the property can be subdivided in compliance with the dimensional requirements of the R-6 zoning and the reconstruction units can be developed anywhere on the property that is consistent with the R-6 dimensional ~ requirements and other applicable requirements of the Land Use Code. The subdivision will allow the two reconstructed units to be placed on ~ separate, fee simple lots. The resulting lots will comply with the minimum lot area and lot width requirements of the zone district, and the reconstructed homes will comply with the other dimensional requirements of the zone district. Of course, with each redeveloped unit, the requirements of Code Section 26.470.070(B) will have to be satisfied. In accordance with the Land Use Code's Engineering Standards and Residential Design Standards, vehicular access to each of the resulting lots will ~ be taken from the alley at the rear. The existing access from North Fourth Street will be abandoned and the curb cut will be eliminated. Each lot will satisfy the applicable off-street parking requirements attributable to the development to be ~ located thereon. Architectural and landscape designs have not been completed for the ~ proposed project. However, the applicant intends to comply with all applicable McGarvey Subdivision Page 6 ' SÂ·eo ./.4â€¢ BLEEKER (74 7/ FEET WIDE) STREET l> P.* (r *0 I GUT/Ent 1 0 5 10 20 40 5O 1. r \ Â· â€¢ SCALE' = 101 .-1- . i 11 1< 1 > 1 BASIS OF BEARING: FOUND MONUMENTS AS SHOWN 0 8' BLUE SPRUCE : I. BLUE 5PRUCE , I 24' WILLOW ' 9 40 H 15'S 40'H 15' S. 1 40' H 25' s -. ' 7: E 'I . _ .- 3~3' 7~â‚¬EAR I CAP â‚¬0Â·Det~t In 'DONS.E.T FOUNDÂ· REBAR 6 CAP es I r + ~ ~ ~ ; 3 PKE~2 ' , 6000 ' 'i \ L.3 5933 -_-6-0-57'26' + Â·*9-28 1 J*.-1 ~~'i'| f . \ACJN ITY MAP - ' f.'- 8 BLUE SPRUCE 1 \\ P 7 1 3\%1 17 0-1 n in D ' ' 16 BLUE SPRUCE . '1 |30Â· H ids 0 < k 2 .-3=Z. r - 4 ' 40'H I2'S ~i C l, \A, 7Z' ' 1 r> L 1 En Fitia-9 59442%6il. 40 9 ./. 18" eLUE SPRUCED j l.0 1 "//AM p e r.-- C..1 0 r~=f C~ -4 - 4 -Â»82 * ceÂ»* FLLAKE ASPIAL.7 L,n. .....- I 1 Xc 49',0-*. S= 140 - .- kNI q.ef C=J Luct=Zf,r-D- // n 6 N'tre esâ‚¬944,~ 6 43' r-, C-Â·i ./. - 2-h k 2-8'FIRS/ 0 7 0. C FJ: 1 993 0 002-;*~FIRS E / . LOT 1.4 1 LOT 1 B i 7.SOO SO [T ~ 6.0(JO SQ. FT (The easterl. halfor lot C. all oil.o, D. and (t ots A. B, and the weste[ ty }wl fof Lor C. i [hÂ¢ westrilv half of I ./ E. Block 37, Cil,Â· ' IMâ€žk 3 7, /14 and 1 owns/e of 49/n) aod I<~wnsitcof Aspein li f / 012"FIR :1 43 D F t -*IR i G 4 - . I,"4, .Jg)r . 3 0 <FIR 1 Plat Notes 1. This MeGarvey Subdivision Plat has been prepared ! BASPE Oâ‚¬ BEAR'Ne 59 98 r FOUND REBAR a CAP pursuant to and in accordance with Citv Council ; n.., /7. AR a CAP . -5,10.,1.1~-- ~ LS 9184 Ordinance Number _ _- (Series of 200_), | . I. - Planning and Zoning Comnâ€ž,sion Resolution Number 1 , and the Mc(janey Subd/Â·ision I Improvenlents Agreement (SIA) recorded as Recepnon No _ -_ The lands affected bv thus Plat dire ~ | OSEWER MANHOLE sublect to the turns and condmons of said approuls. ALLEY f 20 33 FEE' WIDE) BLOCK 37 the terms and conditions of the SLA. and by al] | applicable Land Use Regulations of the City 01 Aspen I rhe terms and condmons of said approvals, of the SIA, | and of this Plat shall run with the land as coumants | burdening the sallie 2 1 hâ€ž MeGarveÂ¥ Subdivision Plat amends Lot l. | CITY OF ASPEN SUBDIVISION PLANNING AND ZONING CERTIFICATE OF TITLE PROPERTY DESCRIPTION Strandhery Lot Splil accordingtotheplat theleof ; recorded ni Plat Book 14. at Page 1. APPROVAL AND ACCEPTANCE COMMISSION APPROVAL TITLE INEURANCE COMPANY A LICENSED ./. OF LOT5 A. 5,C 0, AND THE WEST HALF OF LOT E, TITLE INSURANCE COMPANY AUTHORVZED TD DO BUSINESS BLOCK 37, ORIGINAL ASPEN -TOWNSITE, PITKIN COUNTY, 1 ~ THIS SUBD:961ON PLAT OF THE McGARVEY SUBDIVISION 45 THIS SUBDIVISION PLAT OF THEMIGARVEY SUBDIVISION/AS IN -HE STA E OF COLORADO HEREBY CERTIFIES THAT TRANS- COLO RADO 3. I he exasting residential structure depicted hereon shall I ACCEPTED Fh' THE CIFICOUNCIL OF THE CZTY OFASPEN APPROVED BY TAE C)TY OF ASPEN PLANNING AND ZONING AMERICA -7 ITLE INSURANCE COMPANY HAS EXAMINED THE be demolished pnor to des elopment of [he MeGaney ' co MM15SION THIS. --_- DXY OF- RECORDS OF THE COUNTY CLERK AND RECORDER OF , P'iT)<ltd COUNTY, COLORADO AND HEREBY CETTIFnES UP Subdi ision Pots Deelopment on Lots 1.\ and ZB. 35 30 TH,67 -TITLE TO THE FOLLOW ,houn hereon, shall compl) tuth the requiremenas of I rhe underlving zone di/Mct. Unle,S vai,ances aie dub ~ ~ ING [DEE>(j<BED KEAL PROPERTÂ¥ 8-UATELIN THE CO[INTÂ¥ KATHRYN S KOCH CHA!.RMAN OF PITKIN. STATE OF COLOFUxt)O IS VESTED IN ; CITY CLEEK MAYOR ob,alned IN FrI SIMPLE. TO WIT ALL OF LOTS A. B.C. D. AND THE Wt.ST HALF OF LOT E , 4 DeÂ·velopment on Lots 1 A and 1 B shall be sublect to the i BLOCK 8-7, CITY AND TOW N EMTE OF ASPEN SAID 1-'TLE TO i terms and prov,slons of Seclion 26 4-'0 070(B){ 1 ) ofthe , LOTS A, B,C AND D, AND TPE WEST HALF OF LOT E, BLOCT Aspen L.and Use Code, and as ma, be aniended from 37,0-ry AND -rOWNSITE OF ASPEN WAS VESTED IN | 5/ \AARRANTV I time to time CITY ENGINEER'S APPROVAL PARKS' APPROVAL DEED AECQRDED_._- CLERK AND RECORDER'S i THS SUBCBVISON PLAT OF THE MIGARVEY SUBDIVISION TH,5 SUBDIVISION PLAT OF THE MeGARVEY SUBDIVISION ACCEPTANCE I WAS APPROVED BY THE CITT ENGINEER OF THE Cll y OF 8.5 APPROVED Er TAE DEPARTMENT oF PARKS, CiTY OF ASPEN THAS .~.. DAY OF. _. ASPEN. THIS . DAY OF THIS SteD,vi SION PLAT OF THEMIGARVEY SUBDIVISION 1 V.'AS ACCEPTED FOR FILING ]N THE OFFICE OF THE CLERK , ~ CAl-ED -THIS__~ ~ rrY OF. AT ASPEN . COLORADO AND RECORER OF PITKIN COUNTY, COLORADO AT. O'CLOCK. - M, THIS .- .- - . DAY OF . CITY ENGINEER DIRECTOR IN PLAT BOOK . ..... KE PAGE..... â€ž ANOTHE SUBBVISION T TLF INSURANCE Go AGREEMENT RECORDED IN BOOK--- ... AT PAGE._â€ž- .. 1 PITKIN COUNTYCLERK VINCENT j HIGENE AND RECORDER | Surveyed Revisions Title Drafted 2UU]li. 11 iti (7566 FEET WICI 5-11- lli 12. le. 11 N 14Â°50'49"E ..16,1090.19 , i Code requirements relating to these design elements. As an example, exterior lighting will be held to a minimum and feature down-directional, shielded fixtures so as to comply with the provisions of the Outdoor Lighting regulations. ' Also, existing trees on site will be protected to the greatest extent possible, and the Residential Design Standards will be adhered to unless variances are properly obtained. IV. REVIEW REQUIREMENTS The proposal requires subdivision approval and approval of exemptions from the Growth Management Quota System (GMQS) scoring and competition procedures pursuant to Section 26.470.070(A)(2) and (B) of the Code. This section of the application is organized by applicable review standards, with each set of standards provided as a sub-section hereto. Under each sub-section, every individual review criterion is presented in indented and italicized print and followed by a response demonstrating compliance with and/ or satisfaction of the given standard. A. GMQS Exemptions The end result of the proposed development will be two lots of 7,500 square feet and 6,000 square feet respectively. Each will be developed or redeveloped with a new detached single-family residence pursuant to the underlying R-6 zoning. Since the existing property has an effective area of 13,500 square feet, the existing single-family residence could be converted to a GMQS exempt duplex as a permitted use-by-right. The conversion could be done without adding any FAR floor area; therefore, there would be no required payment of cash-in-lieu of an ADU. Since this can be done, the City Planning Office has decided in consultation with the City Attorney that the two reconstruction credits exist even if the actual conversion is not first carried out. That is, it has been agreed that it would be pointless to complete the conversion just for the sake of later demolishing the structure, and that allowing the credits without this activity saves not only resources, time and finances, but it also saves the neighborhood from having to accommodate unnecessary construction impacts. Thus, the subject property maintains two GMQS exempt residential reconstruction credits under the terms of Section 26.470.070(A)(2) of the Code. Said Code section provides certain conditions for use of reconstruction credits as a GMQS exemption, including the following: McGarvey Subdivision Page 7 a) An applicant may propose to demolish and then delay the ~ reconstruction of an existing dwelling (beyond three years); b) The applicant shall verify, by letter submitted to and approved by the ~ Community Development Director, the number of existing legal units on the property prior to demolition and shall agree that reconstruction ~ will occur pursuant to the terms of Section 26.470.070 of the Code; c) Reconstruction shall occur within five (5) years of demolition, unless ~ an extension of this deadline is granted by the City Council for good cause (the starting deadline for reconstruction is three (3) years, but can be extended to five years by the Community Development Director after submission and review of an accurate Improvements Survey of the structure); and, d) Any building that is demolished shall be limited to reconstruction on the same parcel or on a contiguous parcel owned by the applicant. The applicant has not yet determined a timeframe for use of the reconstruction credits or for the demolition of the existing dwelling. If use of the ~ reconstruction credits is to be delayed by more than three years, an extension of the exemption will be requested; otherwise, the credits will be used within the three year time frame provided. This application, combined with the City of Aspen Building Department ~ files, should be adequate verification that there is one existing, legal dwelling unit on the subject property. Also, the above-described determination of the Planning Office and City Attorney provides the second reconstruction credit. The applicant hereby agrees that use of both reconstruction credits shall be done in accordance with and pursuant to Section 26.470.070 of the Code. Thus, the applicant is essentially agreeing to comply with the GMQS exemption ~ requirements for reconstruction of a single-family dwelling (construct an ADU(s), or pay the cash-in-lieu fee). Since the applicant will own both resulting lots of the subdivision and they will be contiguous, sub-standard "d" (above) allows use of one of the ~ reconstruction credits on the second lot. That is, using the reconstruction credits concept described above, the property maintains two (2) GMQS exempt residential reconstruction credits. As such, the property can be subdivided in ~ compliance with the dimensional requirements of the R-6 zoning and the reconstruction units can be developed anywhere on the property that is consistent with the R-6 dimensional requirements and other applicable ~ requirements of the Land Use Code. The subdivision will allow the two MeGarvey Subdivision Page 8 reconstructed units to be placed on separate, fee simple lots using the allowable FAR floor area for the size of lots created through the subdivision. The two resulting lots will comply with the minimum lot area and lot width requirements ' of the zone district, and the reconstructed homes will comply with the other dimensional requirements of the zone district unless variances are obtained. Again, with each redeveloped unit either an ADU or cash-in-lieu will be provided. Use of the GMQS exemptions provided at Section 26.470.070(A) and (B) of the Code is approved administratively by the Community Development Director. These exemptions are not deducted from the respective annual development allotments established in Section 26.470.050 or from the Aspen Metro Area development ceilings established in Section 26.470.030 of the Code. B. Subdivision Approval The purpose of Section 26.480, Subdivision, of the Code includes ensuring "the proper distribution of development" and encouraging "the well-planned subdivision of land by establishing standardsfor the design ofa subdivision," This purpose is forwarded by and achieved with the proposal made herein. Section 26.480.020, Applicability and Prohibitions, describes instances where subdivision is prohibited, including the requirement for a development allotment or a GMQS exemption. To comply with this section, the applicant will use the GMQS exemptions described in detail above. The review standards applicable to subdivision applications are contained in Section 26.480.050 of the Code. The standards are provided below, with each followed by a response demonstrating consistency and/or compliance therewith, as applicable. A. General Requirements a. The proposed subdivision shall be consistent with the Aspen Area Comprehensive Plan. The proposed project is consistent with the AACP. It proposes residential development within the Aspen town limits, is located on an existing transit route, and is within walking distance to the commercial core. The site is within a half-mile radius of a transit node as identified on the AACP's future land use map, which has the effect of promoting the use of public transportation among the inhabitants. In addition, the affordable housing goals set forth in the AACP will be addressed by the provision of ADUs and/or cash-in-lieu thereof, as required. McGarvey Subdivision Page 9 b. The proposed subdivision shall be consistent with the character of ~ existing land uses in the area. The proposed project is located in a neighborhood of single-family and ~ duplex residences. Indeed, the area to the north is zoned R-6 and the Main Street Office Zone District is located just across the alley to the south. The proposed ~ subdivision will result in a density and development pattern that is wholly consistent with the West End neighborhood, specifically, and the R-6 zoning in general. The character of the proposed project is compatible with the single-family and duplex residential development of the existing neighborhood. Given that ~ the dimensional requirements of the R-6 zone will be complied with, the result will be site planning that is consistent with that which is typical of the neighborhood. Finally, development on the site will be required to comply with ~ the Residential Design Standards, thereby ensuring a level of design consistency will all residential development in the area. c. The proposed subdivision shall not adversely a#ect the filture development of surrounding areas. The proposed subdivision will not adversely affect future development of surrounding areas. Any structures built will comply with the requirements of ~ the R-6 zone district and will not encroach onto any surrounding properties. Park development school land, and other impact fees will be paid, as required, to offset any impacts of development. If anything, the development will facilitate redevelopment of surrounding properties by virtue of implementing positive drainage measures and any necessary utility upgrades. The surrounding road and utility systems are more than adequate to support the proposed subdivision. d. The proposed subdivision shall be in compliance with all applicable requirements of this Title. As provided throughout this application, the proposed project is and will be in compliance with all applicable requirements of the Code. B. Suitability oflandfor subdivision a. Land suitability. The proposed subdivision shall not be located on land unsuitable for development because of flooding, drainage, rock or soil creep, umdflow, rockslide, avalanche or snowslide, steep topography or aily other natural hazard or other condition that will be ~ McGarvey Subdivision Page 10 harmfill to the health, safety, or welfare of the residents in the proposed subdivision. The proposed project is not located on land considered unsuitable for development. The site is essentially flat, it is developed, and it is surrounded by developed properties. The property contains existing development that is not and has not been subject to geologic or other hazards. The proposed project will not be harmful to the health, safety, or welfare of the future residents. b. Spatial pattern efficient. The proposed subdivision shall not be designed to create spatial patterns that cause ine#iciencies, duplication or premature extension Of public facilities and unnecessary public costs. The proposed project has not been completely designed, however, the proposed lots, as illustrated on the Proposed Plat, are organized to minimize driveway length, and require neither an extension of public facilities nor incurrence of unnecessary public costs. No inefficiencies, duplication or premature extension of public facilities will occur as the property and surrounding area are already developed and served by public facilities and services. The cost of any necessary utility extensions or upgrades will be borne by the applicant. C. Improvemen ts. The improvements set jorth at Chapter 26.580 shall be provided for the proposed subdivision. These standards may be varied by special repieip (See Chapter 26.430) if the following [omitted] conditions are met: The proposed subdivision will comply with the improvements set forth in Chapter 26.580. The improvements will also comply with the design standards contained in said Chapter. In the event that any variances from the engineering design standards become necessary due to unforeseen circumstances, special review approval will then be sought. Permanent survey monuments, range points and lot pins will be placed to the extent required. The surrounding streets are already paved and adequate to support the proposed subdivision; there will be no roadways internal to the subdivision. The alley is in adequate condition and needs not be upgraded or otherwise improved. There are street name signs existing, and a fire hydrant and stop signs already exist at the intersection of North Fourth and West Bleeker Streets. There is also a street light at the corner; if additional street lighting is required, the applicant will install such in accordance with the directions and standards of the City. There are no sidewalks in the West End neighborhood McGarvey Subdivision Page 11 and no plans for development of sidewalks. Curb and gutter improvements will ~ be made as required. The Applicant will enter into a Subdivision Improvements Agreement (SIA) with the City binding the subdivision to any conditions placed on the development order. This will be done concurrently with the preparation and ~ recordation of the Final Subdivision Plat. All required elements of the SIA will be provided for review by the Community Development Director, the City Engineer, and the City Attorney. D. Affordable housing. Chapter 26.520, Resident Multi-Family Replacement Program, is not applicable since no multi-family dwellings will be demolished. As explained in ~ the preceding section of this application, the applicant will provide affordable housing in compliance with the requirements of Chapter 26.470, Growth Management Quota System, and more specifically, in accordance with the ~ requirements of Section 26.470.070(A) and (B) of the Code, as applicable. E. School land dedication. This section of the subdivision regulations requires the dedication of land ~ or the payment of an in-lieu fee for each new residential unit in a subdivision. As the property in question contains only 13,500 square feet of land area, the dedication of land would not be appropriate and the payment of cash-in-lieu ~ represents a more fitting option. These payments are required to be made to the City prior to and on a proportional basis to the issuance of any building permits for residential dwelling units. As residences have not been designed for the ~ subject property, the calculation cannot be completed at this time. The Applicant agrees to make the required payments prior to and on a proportional basis with the issuance of building permits for the project. Payments will be based on the applicable formula in effect at the time of building permit issuance for each residence. C. Residential Design Standards Section 26.410.040, Residential Design Standards, of the Code is applicable to all residential development in the City of Aspen, except that within the R-15B zone district. Since the proposed project is residential and is located in the R-6 zone district Section 26.410.040 must be complied with or variances from specific standards thereof must be obtained. Architectural designs have not been completed for this application. However, it is the intent of the applicant that the ~ McGarvey Subdivision Page 12 standards contained within this Section will be met and/ or the appropriate variances will be requested. V. VESTED PROPERTY RIGHTS In order to preserve the land use approvals which may be obtained as a result of this application, the applicant hereby requests vested property rights status pursuant to the provisions of Chapter 26.308 of the Aspen Land Use Code. It is understood that final approval of the proposed development must be granted by ordinance of the City Council to establish such status. It is also understood that no specific submission requirements, or review criteria other than a public hearing, are required to confer such status. Finally, the applicant understands that the City Council has the option to provide an exemption from expiration of vested rights for this project since it will be comprised of detached residential and duplex units. An exemption application may be submitted at any time prior to the three year anniversary of the effective date of the development order. McGarvey Subdivision Page 13 EXHIBITS Exhibit 1: Land Use Application & Dimensional Requirements Forms Exhibit 2: Pre-Application Conference Summary Exhibit 3: Proof of Ownership Exhibit 4: Letter of Authorization for Haas Land Planning, LLC, to represent the applicant Exhibit 5: Strandberg Lot Split Approval and Recorded Plat Exhibit 6: List ofProperty Owners within 300 Feet of Subject Property Exhibit 7: Signed and Executed Fee Agreement EXHIBIT 1 LAND USE APPLICATION PROJECT: Name: MeGarvey Subdivision Location: 433 W. Bleeker Street (Lot 1, Strandberg Lot Split) - a/]da Lots A-D & Wh Lot E, Block 37, Townsite ofAspen (Indicate street address, lot & block number, legal description where appropriate) 9 APPLICANT: Name: JNM Bleeker Street, LLP, c/o James N. MeGarvey, Jr., Partner Address: 432 Osceola Ave.; Jacksonville Beach, FL 32250 Phone #: (409) 247 - 9160 I REPRESENTATIVE: Name: Haas Land Planning, LLC --- Mitch Haas Address: 201 N. Mill Street, Suite 108; Aspen, CO 81611 Phone #: (970) 925 - 7819 ~ TYPE OF APPLICATION: (please check all that apply): U Conditional Use D Conceptual PUD U Conceptual Historic Devt. ~ U Special Review U Final PUD (& PUD Amendment) E Final Historic Development U Design Review Appeal U Conceptual SPA U Minor Historic Devt. ~ ~ GMQS Allotment U Final SPA (& SPA Amendment) D Historic Demolition GMQS Exemption ~ Subdivision U Historic Designation U ESA-8040 Greenline, Stream U Subdivision Exemption (includes U Small Lodge Conversion/ Expansion Margin, Hallam Lake Bluff, condominiumization) Mountain View Plane U Lot Split 01 Temporary Use U Other: U Lot Line Adjustment U Text/Map Amendment EXISTING CONDITIONS: (description of existing buildings, uses, previous approvals, etc.) Lot 1 of the Strandberg Lot Split according to the Plat thereof recorded in Plat Book 14 at Page 1. 13,500 square foot lot with a one-story single-family dwelling unit. See detailed description in the application. ~ PROPOSAL: (description of proposed buildings, uses, modifications, etc.) Subdivide the property into two lots: a MOO square foot lot on the corner and a 6,000 square foot lot to its east. Have you attached the following? FEES DI_~E: $ ~,~~~ 92 ~ ~~ Pre-Application Conference Summary ~ Attachment #1, Signed Fee Agreement 5~ Response to Attachment #2, Dimensional Requirements Form , 1 Response to Attachment #3, Minimum Submission Contents Response to Attachment #4. Specific Submission Contents 10 Response to Attachment #5, Review Standards for Your Application ATTACHMENT 2 DIMENSIONAL REQUIREMENTS FORM Project: MeGarvey Subdivision Applicant: JNM Bleeker Street, LLP, c/o James N. MeGarvey, Jr., Partner Location: 433 West Bleeker Street ~ Zone District: R-6, Medium Density Residential Lot Size: 13,500 square feet Lot Area: 13,500 square feet ~ (for the purposes o f calculating Floor Area, Lot Area may be reduced for areas within the high water mark, easements, and steep slopes. Please refer to the definition of Lot Area in the Municipal Code.) Commercial net leasable: Existing: Proposed: Number of residential units: Existing:_1 Proposed: 2 Number of bedrooms: Existing: 1 Proposed: TBD Proposed 8/6 of demolition (Historic properties only): N/A DIMENSIONS: Floor Area: Existing: - 2,950 Allowable:_43.50 Proposed:_TBD_ Principal bldg. height: Existing:_1 story Allowable:_25' Proposed:_TBD Access. bldg. height: Existing:_N/A Allowable: 21' Proposed._TBD On-Site parking: Existing:_2 Required: 2 Proposed:_TBD % Site coverage: Existing:_29.76%_Required:_23.75% Proposed:_TBD % Open Space: Existing: N/A Required: N/A Proposed: N/A Front Setback: Existing:_6.9 Required: 101 Proposed:_TBD Rear Setback: Existing:_31' Required: 10' Proposed: TBD Combined F/R: Existing:_38.9 Required: 14/A Proposed:_ -NIA Side Setback: Existing:_10' Required: 15' Proposed: TBD Side Setback: Existing:_35.5'_Required: 15' Proposed. THU_ Combined Sides: Existing:_45.5' _Required: 43.75' _ Proposed:_TBD Existing non-conformities or encroachments:_Site Coverage, Front Setback, Side Setback (west) Variations requested: _None- 0 EXHIBIT 2 CITY OF ASPEN PRE-APPLICATION CONFERENCE SUMMARY PLANNER: James Lindt, 920.5095 DATE: 1/30/04 ~ PROJECT: 433 W. Bleeker REPRESENTATIVE: Mitch Haas OWNER: James MeGarvey ~ TYPE OF APPLICATION: Subdivision, GMQS Exemptions for replacement of demolished units. DESCRIPTION: The prospective purchaser of 433 W. Bleeker would like to subdivide the property into two (2) lots of greater than 6,000 square feet for the purpose of constructing a single-family residence on each of the newly created parcels. There is currently a single-family residence located on the property, but the property is large enough to accommodate a duplex under the current R-6 zoning. The Applicant has expressed intent to obtain two (2) GMQS exemptions for the replacement of demolished units in order to have sufficient development rights to construct a single-family residence on both of the parcels to be created through the subdivision. The City Attorney has been consulted about whether the Applicant would need to first convert the existing single-family residence into a duplex to obtain two (2) GMQS exemptions, The City Attorney and Staff felt that it would be wasteful to require the Applicant to convert the single-family unit into a duplex just to tear it down. Therefore, unless City Council disagrees with staff's opinion on this matter, Staff does not feel that the Applicant would have to first convert the existing single-family dwelling unit into a duplex. Land Use Code Section(s) ~ 26.470.070(A)(2) Growth Management Quota System- Exemption for reconstruction of demolished units 26.480 Subdivision ~ Review by: Staff for complete application, Development Review Committee for technical considerations, P & Z for recommendation, City Council for final decision. , Public Hearing: Yes, at P & Z, and Council 2nd Reading o f Ordinance. Referral Agencies: Engineering. Planning Fees: Planning Deposit $2,620 for 12 hours of staff time (additional staff time would be billed at $220 per hour) ~ Referral Agency Fees: Engineering $185 Total Deposit: $2,805 ~ To apply, submit the following information: 1. City of Aspen Land Use Application Form. 12 Total Deposit for review of application. Applicant's name, address and telephone number, contained within a letter signed by the applicant stating the name, address, and telephone number of the representative authorized to act on behalf of the applicant. Street address and legal description of the parcel on which development is proposed to occur, consisting of a current certificate from a title insurance company, or attorney licensed to practice in the State of Colorado, listing the names of all owners of the properly, and all mortgages, judgments, lions, easements, contracts and agreements affecting the parcel, and demonstrating the owner's right to apply for the Development Application. ~ 4. An 8 1/2" by 11" vicinity map locating the parcel within the City of Aspen. 5. Signed fee agreement. 6. Pre-application Conference Summary. ~ 7. A site improvement survey that includes all existing and proposed natural and man-made site features. A draft subdivision plat as discussed at the preapp. . 9. A written description of the proposal and a written explanation o f how a proposed development complies with the applicable review standards relevant to the development reviews (Subdivision, GMQS Exemptions) required. ~ 10. A copy of the recorded documents that affect the proposed development. 11. Proofofownership. 12. List of adjacent property owners within 300' for public hearing. The GIS department can provide this list on ' mailing labels for a small fee. 920.5453 11 21.Copies of the complete application packet (items 3-12). 14. Applications shall be provided in paper format (number of copies noted above) as well as the text only on either ~ of the following digital formats. Compact Disk (CD)-preferred, Zip Disk or Floppy Disk. Microsoft Word format is preferred. Text format easily convertible to Word is acceptable. Process: Apply. Case Planner reviews application for completeness. The Case Planner then refers the application to the Development Review Committee for technical considerations. Case Planner subsequently takes the application to the weekly staffmeeting to establish a staff ~ recommendation. Public hearing dates are then assigned by the Deputy Director of Community Development in conjunction with the Case Planner. A public hearing is held before the Planning and Zoning Commission to establish the Commission's recommendation to City Council regarding the Subdivision portion of the application. A First and Second Reading (Public Hearing) of the Ordinance is then reviewed by City Council for a final decision. If the application is approved, the applicant will have to prepare a Subdivision Plat ~ for recordation at the Pitkin County Clerk and Recorder's office. Disclaimer: The foregoing summary is advisory in nature only and is not binding on the City. The summary is based on current zoning, which is ~ subject to change in the future, and upon factual representations that may or may not be accurate. The summary does not create a legal or vested right. l EXHIBIT 3 01-1-2-- 6- SPECIAL WARRANTY DEED THIS DEED, Made February 4,2004 between JAMES N. MCGARVEY, JR. AND PAULA S. MCGARVEY ofthe County of -~3 U Va...\ and State of FLORIDA, of the first part, GRANTOR and JNM BLEEKER STREEET, LLP whose legal address is: 432 OSCEOLA AVE, JACKSONVILLE BEACH, FL 32250 of the County of -b u v a- l State of FLORIDA, of the second part, GRANTEE WITNESSETH, That the said parties of the first part, for and in consideration of the sum of Ten dollars and other (() good and valuable considerations, to the said parties of the first part, in hand paid by the said parties of the second part, the receipt whereof is hereby confessed and acknowledged, has granted, bargained, sold and ~ . part, its successors and assigns forever, all the following described lots or parcel of land, situate, lying and being conveyed and by these presents do grant, bargain, sell, convey and confirm unto the said parties of the second 1- ~~cj in the County of and State of COLORADO, to wit: LOT 1, STRANDBERG LOT SPLIT according to the Plat recorded October 18, 1982 in Plat Book 14 at Page 1. Together with all and singular the hereditaments and appurtenances there-unto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and all the estate, right, title, interest, claim and demand whatsoever, of the said parties of the first part, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances; TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the said parties of the second part, its successors and assigns forever. And the said parties of the first part for themselves, their heirs and assigns do covenant, grant, bargain and agree to and with the said parties of the second part, their successors and assigns, the above bargained premises in the quiet and peaceable possession of said parties of the second part, its successors and assigns, against all and every person or persons lawfully claiming or to claim the whole or any part thereof, by through or under the said parties of the first part to WARRANT AND FOREVER DEFEND. The singular shall include the plural, the plural the singular, and the use of gender shall be applicable to all genders. 1 PAGE 2 - SPECIAL WARRANTY DEED ~1N,WITNESS WHEREOF, the aid parties of the first part have hereunto set their hand(s) and seal(s). ~~~0\MES N. MCGARVEY, JR. PAULA S. MCGARVEY O ~ 4 STATE OF 8944 ) 1 SS COUNTY OF-buvoll ) rd The foregoing instrument was acknowledged before me this 3 day of 69.k)y- UAn L\ . , 2004 By: JAMES N. MCGARVEY, JR. AND PAULA S. MCGARVEY 6 WITNESS my hand and official seal flu4441 1 Notary Public' my commission expires: < 201'N. rp.Â©, Patricia H. Kelley 674 34 MYCOMMISSION# DD101492 EXPIRES May 21, 2006 ''3 37 ~A.Ry 8ONDED THRU T20Y FAN INSU#ANCE INC PCT18505A The person authorized to receive this document is: JAMES & PAULA MCGARVEY 432 OSCEOLA AVE. JACKSONVILLE BEACH, FL 32250 - PEB-02-04 MON 01:05 PM FAX NO, P. 02 4 PARTNERSITIP REGISTRATION STATEMENT 1, JNM Bled<er Street, TAP (Name of Partnership) Florida/lkival County 3, Applied For 2. (State/County of Fonnation) (FEI Number) 4. 432 Osceola Avenue, Jacksonvill-e Beach, Florida 32250 (Street Address of Chief Executive Office) 5. 432 Osceola Avenue, Jacksonville Beach, Florida 32250 (Street Address of Principal Office in Florida, if applicable) 6. Inaccordance with s. 620.8105(1)(c)(1 & 2), Florida Statutes, required partner information is provided in one of the following options: O Attached is a list of the names and mailing addresses of ALL partners and Florida Registration Numbers, , The name and street address of the agent in Florida who shall maintain a list of the names and addresses if other than individuals, or: of all partners: IF OTHER THAN INDIVIDUAL, NAME & FLORIDA STREET ADDRESS FLORIDA REGISTRATION OF FLORIDA AGENT NUMBER Kathleen Holbrook Cold One vidependent Drive, Suj-te 2301 Jacksonville, FL 32202 1 If any of the partners are other than individuals, its entity name and Florida Registration Number must be listed below: Partner Entity Name Florida Document Number The execution of this statement as a partner constitutes an affirmation under the penalties of perjury that the facts . stated herein are true. 1 Signed this_2=_%7-_day of F f-kca CA A- ~ 2p04 Signatures of IWQ Partners: ~7t- tl ' i/Â»Ljt-4 231 ' 1 ./ 11 47 (0 Typed or printed names of partners signing above: James N. McGarvey, Jr. Paula Mcgarvey FiAÂ©ee:.Â·, , :,95 i)I 0,7 Certifidd Jops .-,352-50(-i:p.forialj-Â· tbrtlficate of Status:... 1~3Â· 3.75 (bplid-hal), CIO.E074(1/00) Division of Corporations P.O, Box 6327 Tallahassee, FL 32314 - FEB-02-04 MON 01:06 PM FAX NO, P, 03 1 STATEMENT OF QUALIFICATION FOR FLORIDA OR FOREIGN ~ LIMITED LIABILITY PARTNERSHIP 1. The name ofthe partizership as identified in the records of the Florida Department of State: ~ JNM Bleeker Street, IAP Insett partnership's Florida registration number: or Attach completed Partnership Registration Statement and $50 filing fee. 2. Suffix adopted for the above named partnership: ILP ("Registered I.jinited Liability Partnership," " Limited Liability Partnership," 'CR.L.LIP., . 1, L.LPâ€ž )1" BLLP," or"LIP") 3. The street address of its chief executive office: 432 Osceola Avenue (i f different ff om current recorded address) Jacksonville Beach, Florida 32250 4. The street address of principal office in Florida: (ifdifferent fiom above) 5. The name and Florida street address of the partnership' s agent for service ofprocess: Kathleen Holbrook Cold One Independent Drive, Suite 2301 Jacksonville , Florida 32202 6. This partnership hereby elects to be a limited liability partnership. 7. The effective date of this filing shall be: X as of the date this document is filed with the Florida Secretary of State ~ or a date later than the time of filing: The execution of this statement as a partner constitutes an affirmation under the penalties of perjury that the facts stated herein are true. 1 Signed this JL.7-- day of ~~~D D- \A (A Â¥- 2004 A Signature ofTWO Partners:J,t. 441 kil--M . i >j~ f--fl <IL -2 (c> 4-, irj <,~l,Â©ciÂ£--Â£-~~ Typed orprinted Daines of partÂ¢erisigning above: James N. McGarvey, Jr. Paula McGarvey Filing Fee: $25.00 Certified Copy: (Optional): $52.50 Certificate of Status Optional): $8.75 INIE67(1/00) K E,B-US-U# LUE lU;4( fin r na nu, Department of State 2/3/2004 10:11 PAGE 1/1 RightFAX ...... FLORIDA DEPARTMENT OF STATE Glenda E. Hood Secretary of State February 3, 2004 HOLBROOK, AKEL The Partne:cship Registration Statement for JNM BLEEKER STREET, LLP, a Florida partnership, was filed on February 2, 2004. The document number assigned to this filing is GP0400000240. This document was electronically received and filed under FAX audit number EGP040000088. Please be aware if the partnership address changes, it is the responsibility of the partnership to notify this office. Should you have any questions regarding partnerships, please contact this office at the address given below. Sincerely, Trevor Brunibley Document Specialist Partnership Section Division of Corporations Letter Number: 204A00007056 Division of Corporations - P.O. Box 6327 - Tallahassee, Florida 32314 r P.0-03-U4 IUM IUÂ·41 Mil Department of State 2/3/2004 10:11 PAGE 1/1 RightFAX -4#22Dk -m./. FLORIDA DEPARTMENT OF STATE Glenda E. Hood Secretary of State February 3, 2004 HOLBROOK, .AKEL The Statement of Qualification for JNM BLEEKER STREET, LLP, was filed on February 2, 2004. The document number assigned to this filing is LLP040000131. This document was electronically received and filed under FAX audit number EGP040000087. Please be aware if the address changes, it is the responsibility of the limited liability partnership/limited liability limited partnership to notify this office. An annual report/uniform business report will be due this office between January 1 and May 1 of the year following the calendar year of the file date. A Federal Employer Identification <FEI) number will be required before this report can be filed. Please apply NOW with the Internal Revenue Service by calling 1-800-829-3676 and requesting form SS-4 Should you have any questions regarding this filing, please contact this office at the address given below. Sincerely, Trevor Bruibley Document Specialist Partnership Section Division of Corporations Letter Number: 404A00007057 Division of Corporations - P.0. Box 6327 - Tallahassee, Florida 32314 al?.47#My l, 1 EXHIBIT 4 1 February 1,2004 Aspen Community Development Department 130 South Galena Street Aspen, CO 81611-1975 Re: McGarvey Subdivision and GMQS Exemptions Application To whom it may concern: Thereby authorize Haas Land Planning, LLC, to act as the designated and authorized representative of JNM Bleeker Street LLI?, with respect to the land use application being submitted to your office for my property located at 433 West Bleeker Street (Parcel ID No. 2735-124-42-001). Haas Land Planning, LLC, is authorized to submit an application for Subdivision, GMQS Exemptions, and any other incidental reviews. Haas Land Planning, LLC, is also authorized to represent me in meetings with City staff, boards, commissions, and the City Council. Should you have any need to contact me during the course of your review, please do so through Haas Land Planning, LLC, whose contact information is provided in the application. Sincerely, 10 ./\ / f ~fNM Bleeker Street, LLP /Jpnes N. McGarvey, Jr., Partner F, r 9' l EXHIBIT 5 1 MEMORANDUM To: Aspen City Council FROM: Planning Office - Alice Davis RE: Strandberg Lot Split - Subdivision Exception . DATE: September 27, 1982 APPROVED AS TO FORM: 4190 A Location: Lots A, B, C, D, E, F and the west li of Lot G, 'Blkck 37, A~en Original Townsite - 433 West Bleeker Street. V Zone District: R-6. Lot Size: 19,600 square feet. Applicant's Request: The applicant is requesting approval of a subdivision exception in order to accomplish a lot split pursuant to Section 24-11.2(d) of the Code. Planning Office Review: Section 24-11.2(d) of the Code allows a lot split as an exception from GMP procedures. A lot split is allowed provided: 1) The tract of land which is being divided has a pre-existing dwelling, and 2) No more than two lots are created. The Planning Office review shows that there is an existing single family residence on the tract of land being divided which will be located on a 13,500 square foot parcel after the lot split occurs. The newly created lot will be 6,000 square feet and can only be 1 ; developed with a single-family residence. Both new lots are within the minimum lot size requirements of the R-6 zone district. Referral Comments: Engineering Department After reyiewing the application the Engineering Department had the following comments: "The plat as submitted would appear to be sufficient for subdivision purposes. The only further requirement for this applicant should be Â¥ that both resulting lots be required to join a sidewalk improvement district in the event one is formed." Planning Office and P&Z Recommendation: The Planning Office and Planning and Zoning Commission recommend that City Council approve the Strandberg Lot Split subject to the following: 1) The subdivision plat be approved by the Engineering Department. 2) The applicant be required to join a sidewalk improvement dis- trict for the two resulting lots, in the event one is formed. Council Motion: Should Council concur with the Planning Office and PhZ recommen dations, the appropriate motion is as follows; Memo: Strandberg Lot Split I Page Two September 27, 1982 "Move to grant subdivision exception for the Strandberg Lot Split subject to the following conditions: 1) The subdivision plat be approved by the Engineering Department. 2) The applicant be required to join a sidewalk improvement dis- trict for the two resulting lots, in the eventone is formed." 1 1 1 l . - \*@*Ad/,q - - WE -- - 1-1.4.6-41 20 TÂ·Â·42Â¥40:Â· . 1 7 900K434 & .4 AL : #91?Fi,Â·& *.04:., 1Â·11't DECLARATION OF RESTRICTIVE GONENANTS JOHN J. STRANDB]iNG: and JANE T. STRANDBERG (hereinafter known as "Covenantors") for themselves, their heirs, successors and assigns, in consideration of the '' granting, by the City of Aspen, Pitkin County, Colorado, of a Subdivision Exception in order to accomplish a lot split with respect to the following i said property, and hereby do restrict said property, as follows: described real property, hereby covenant with said City of Aspen to restrict 1. Covenantors state that they are the ownera, as Joint tenants, of the m -- . 1.-"~'.' Â·'.~ 1/ following described property situate in the County of Pitkin, State of Colorado, to wit: f.....? 1 ~ ..1.- , All of 1<}ta A, B, C, D and the West one half of Lot E (Lot ONE of the STRANDBERG Lot Splid) and the East one half of Lot E, all of Lot F, and the A...L.....%-ffi. 5 West one half of Lot G (Lot TWO of the SIRANDBERG Iot Split), all in Block 37, City{:and Townsite of Aspen. 2. In the event a sidewalk improvement district is formed which would .. include the above described real property, Covenantors hereby agree, upon demand therefor by said City of Aspen, to join such district. ~2*~79 IN WITNESS WHEREOF, this Declaration has been duly executed this 244-13 M N *. 11 1 :1. day of September, 1982. Mt, A .:.1 LO LU CO CK O - COVENANTORS: tu = =E .4 LO *g L j.t W LD w---~----- I . 0,0- . 10*n J o STRANDBLED U R.:'*ra 00 5 ar =r >41- 0-24- 91- /*+(~L~.Â«ddle~ul/ ... <6 - E C u a= Z E M."Am M 0= e\.1 -te 5 L ,Â» 0 . 0 +4--9 L../ z , :':.01 C. CD 3-ane T. SUiAND.BE}t(i~ @TATE 01 COLORADO ) i.if adunty of Pitkin ) 11 Tne foregoing instrument was acknowledged before me thiA <~4~3.2 day of September, 1982 by John J. Strandberg and Jane T. Strandberg, Covenan'cors. A (4 WITNESS 17 HAND AND OYFICIAL SEAL , I. My comini Birion expires /_L~LC43 3 -~/4 ~/~~ Â¢ . f th ~ 5(f NO 1 Â· 1 E,--14 --17 = ' Not47 Public 5 , Fr;El#'Lt C : f P --'f~col'Ar//0 45.'ressâ€¢' ~:3 I 4 . ~69,Â£261 j ' 40 . X) 18 ! j , J 1 'ln :ZAFFNMEam .:' I ' 12 JadL49--le -b / 1-~~ 71 .- . 5. 9 r-1 -4 Uf ' 5/ . /'LE STREET /r\\. 1 /, Nb 1 --<m i G P- -- _ L*-3 .f. 1 0 E â‚¬ 9 1 ' 1 SCALE = c ' 4 i . W 1 I ell;t 0 "CCE . 24 *112* -95 04 PE.Asâ€¢Nt NÂ·L>Â»1? IC*.2*.N"5 AS 902Â·. 4/Â·t L . 40/ 23% 5 73Â°29 1 E 93 80 te- REBAR a CAP I , . , /4 2 . 9 -*1332Â· REBAR? S."F ...S 595Z , L E ./4 .Â»27.2 + . 929 ''f'Â»r>. :.taw 9 ./ tâ‚¬ .../F C.~ ~ ~~'T 'i'-1 >=. .4 K 'bâ‚¬ S....A 3 1 4 t .'f ' --.L- Â·IT'7Â¥mr 2-77.-- ~~ I '. re. 1/2 0--9 24.- 1 0 - I I. - . . - - + I - .. 4 ..,7 Â£8 9.0 ..UCE : i er.1 -.6 h U. . T'j -9 4 n ~1 - N .â€ž R 0 OWNER - SUBDIVU)1-lt 57Â·â€¢â€¢ -RE/9 ., D JANI T '1 7 RANE),13>F REC- ~ - :ac .-62 ./.---Â·Â· -,i.Â·/ICÂ·12 8161 ~ar .1 I t===~ 3 42-6,1.5 4 1 f -:21 *10 LOT 1 LOT k LAN.p_ ST-:31.XEJER____-_ _ _- - 2 JAâ€¢ ;17Â· - 4 F ir 9 1_ C. Al Fl. ' 22 '' 305 Z n .1 - e'. I 'F I Ma 813,6 OF BEAR!45 .~ ' li~AP /'A 39 9$ ,iNp_Râ‚¬8*3 s .... 51.3.83--tiYQB'5_CER-TIfiCATE_ j --1 70 39 -E. U 17 rt, 'r,1 767 9 72 . 1-2 3La <UA.- 1 a ...} 1 ,-77 ' .11: i +I' 1 2--'-Â·~~c â€žL~,-5P1=~kl-7.-- â‚¬'1-3 V OF *SPEN '41-BDIV T STON : F.ANNY N"G AND ZONING CERTITUCATE QIâ„¢ TITLE= _ -- PROPERPL- RESCRI?--3-7Tru-=_ OWNER'fi CT-RTIFIC.t.TE AND. <4 53-6.rE.MEN'I. OF-9-U }.'*-14.VISION _ 1 .. .F E : 2-Y ;Â· Â·Â·: 49 0..A 'x. F~r.;Â· - :Â· Â· Â·~ rÂ·Â·..i icÂ·: -Â· Â· Â· Â·Â·Â· .Â·.~ : p. -4 36 - . I.,1 'll r. ./:.%.. : 1 3- I .' tÂ· -T* 3Â»,#*00 - Lan- 2 4..., /7/752/7/5, ... l.; ~ ..,2, 1-',4. ~.111 ~:........ ......2,1... . ..1.A - . -, 1-47 7 ro fraÂ· tem- , 7 i i c. *'-TE T 9-Ak/63IR. rrA D 4 Q k- r : r, Def -1 '. 1. 3 C LERyÂ· AND RECORDER'S 1Â·'./4&.. il 1 .1--Â· 9 2 ACC E FrANCE_ h â€¢â€¢~- ~>2~' Â·: PAr' Â·~ 1 , 230 - -Â· Â·t>19-u ' . - to -9 - - 2*00 - 1 7-4..Â· I. ::Â·-_t-6.-:. C ~'~Â·-. '~U ; . * Unpr-7-: .'..â€¢22:245 057. rs-1. r-5 le.,- cr---2 0 - 4.c i 3 +9,9+64 - =/52 A: ~/ 4 ~ 4/ i H ) .%. 2 #Â¥1;1- A ' 1/pi i f u.-4.-, 1-' 1 .6.A â‚¬*f:- . Â·223.3* 0- ~~-3-02Â· ff: >4Â· 4'25& -r D / ##mt'%44 1-1, 0 3 râ„¢NL,flche L. a .101 Ms E. 't 1-18,9 v u Â· Â·Â·1'hpER'- .ILVI[dE it' 9 1 1 EXHIBIT 6 -- i . . Sm6oth Feed SheetsTM Use tempiate for 5160Â® 1 501 WEST MAIN LLC ALH HOLDING COMPANY GUNNISON ALPINE BANK ASPEN 1314 S GALENA ST #200 435 W MAIN ST 600 E HOPKINS AVE ~ASPEN, CO 81611-1818 ASPEN, CO 81611 ASPEN, CO 81611 vASPEN HOUSING LLC ASPEN MESA STORE LLC ASPEN RETINA SURGEONS LLC 233 MILWAUKEE ST 500 W MAI N ST 5014 WOODHURST LN ~DENVER, CO 80206 ASPEN, CO 81611 MINNETONKA, MN 55345 BAILEY RYAN 1994 TRUST 50% ~SPEN SQUARE CONDOMINIUM ASSOC ASPEN ULLR HOUSING LLC C/O JANUS CAPITAL 617 E COOPER AVE 120 E MAIN ST <SPEN, CO 81611 ASPEN, CO 81611 620 E COOPER ASPEN, CO 81611 ~ARKER JACK 1/2 INT BAUER WALTER F FAMILY TRUST BECK GLENN A ~0 BOX 7943 15935 VALLEY VISTA 16640 D STREET ASPEN, CO 81612 ENCINO, CA 91436 VICTORVILLE, CA 92392 LEEKER STREET PARTNERS 11 BLEEKER STREET PARTNERS 11 CARINTHIA CORP )1 N MILL ST STE 102 PO BOX 8837 45 E LUPINE DR SPEN, CO 81611 ASPEN, CO 81612 ASPEN, CO 81611 COMCOWICH WILLIAM L ITY OF ASPEN DESTINATION RESORT MGMT INC CHARLES CATHCART PROP MGT M S GALENA ST 610 WEST END ST PO BOX 1374 3PEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81612 ERGUS ELIZABETH DAWSON FISCHER SISTIE FRIAS PROPERTIES OF ASPEN LLC D BOX 1515 442 W BLEEKER 730 E DURANT ~ SPEN, CO 81612 ASPEN, CO 81611 ASPEN, CO 81611 HISFIELD AUDREY LEA HENRY KRISTEN HILLMAN DORA B TRUST 15 E MAIN ST 525 W HALLAM ST 504 W BLEEKER 3PEN, CO 81611 ASPEN, CO 81611-1246 ASPEN, CO 81611 DTEL ASPEN CONDOMINIUM HUNT ROGER H HOUGH JENNINE ~SOCIATION PO BOX 3944 265 BRIGHTON RD NE 0|0 E HOPKINSAVE STE 304 ATLANTA, GA 30309 ASPEN, CO 81612 ASPEN, CO 81611 ILGEN EILEEN L & JACK D & ELOISE JANSS MARY TRUST MAC DONALD BETTE S TRUST ~8 W MAIN ST 403 W HALLAM 15 BLACKMER RD ~PEN, CO 81611 ASPEN, CO 81611 ENGLEWOOD, CO 80110 ~ Â¥3~ AVERYÂ® Address Labels Laser 5160Â® A 1 V Smooth Feed SheetsTM Use template for 5160Â® ~ NATIONWIDE THEATRES CORPORATION MYERS JOSEPH V JR NORTH AND SOUTH ASPEN LLC A CALIFORNIA CORPORATION 421 W HALLAM ST 200 S ASPEN ST ~ 120 N ROBERTSON BLVD ASPEN, CO 81611 ASPEN, CO 81611 LOS ANGELES, CA 90048 PATRICK JAMES K RICHTER SAM RISCOR INC 417 W HALLAM ST 7874 AFTON VILLA CT 2651 N HARWOOD ST #335 ASPEN, CO 81611 BOCA RATON, FL 33433 DALLAS, TX 75201-1576 SCHOEBERLEIN DEBORAH & JOSEPH SEALS JOHN R & CAROLYN STILWELL REED & CLAIRE 659 LINCOLN AVE 4410 MEDICAL DR #400 191 UNIVERSITY BLVD #714 CARBONDALE, CO 81623 SAN ANTONIO, TX 78229 DENVER, CO 80206 STRANDBERG JOHN J & JANE T WAGNER HOLDINGS CORPORATION ~ ULLR HOMEOWNERS ASSOCIATION C/O BOA-HACKER LLC 600 E HOPKINS #304 PO BOX 419119 C/O BILL POSS ASPEN, CO 81611 KANSAS CITY, MO 64105-2100 605 E MAIN ST ASPEN, CO 81611 WM HOLDINGS LLC WALNUT CREEK RANCH LLC WOLOFSKY MOIRA ~ C/O KELLY MITCHELL 4520 MAIN ST STE 1050 129 CLARENDON AVE 300 B AABC KANSAS CITY, MO 64111-1816 PALM BEACH, FL 33480 ASPEN, CO 81611 l t l ~AVERYÂ® Address Labels Laser 5160Â® ~ L' EXHIBIT 7 1 ' CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT Agreement for Payment of Citv of Aspen Development Apiplication Fees CITY OF ASPEN (hereinafter CITY) and JNM Bleeker Street, LLP. c/o James N. MeGarvey, Jr., Partner, (hereinafter APPLICANT) AGREE AS FOLLOWS: Exemptions (hereinafter, THE PROJECT). 1. APPLICANT has submitted to CITY an application for Subdivision and GMOS 2. APPLICANT understands and agrees that City of Aspen Ordinance No. 57 (Series of 2000) establishes a fee structure for Land Use applications and the payment of all processing fees is a condition precedent to a determination of application completeness. 3. APPLICANT and CITY agree that because of the size, nature or scope of the proposed project, it is not possible at this time to ascertain the full extent of the costs involved in processing the application. APPLICANT and CITY further agree that it is in the interest of the parties that APPLICANT make payment of an initial deposit and to thereafter permit additional costs to be billed to APPLICANT on a monthly basis. APPLICANT agrees additional costs may accrue following their hearings an(For approvals. APPLICANT agrees he will be benefited by retaining greater cash liquidity and will make additional payments upon notification by the CITY when they are necessary as costs are incurred. CITY agrees it will be benefited through the greater certainty of recovering its full costs to process APPLICANT'S application. 4. CITY and APPLICANT further agree that it is impracticable for CITY staff to complete 1 processing or present sufficient information to the Planning Commission and/or City Council to enable the Planning Commission and/or City Council to make legally required findings for project consideration, unless current billings are paid in full prior to decision. 5. Therefore, APPLICANT agrees that in consideration of the CITY's waiver of its right to collect full fees prior to a determination of application completeness, APPLICANT shall pay an initial deposit in the amount of $2.805.00* which is for twelve (12) hours of Community Development staff time, and if actual recorded costs exceed the initial deposit, APPLICANT shall pay additional monthly billings to CITY to reimburse the CITY for the processing of the application mentioned above, including post approval review at a rate of $210.00 per planner hour over the initial deposit. Such periodic payments shall be made within 30 days of the billing date. APPLICANT further agrees that failure to pay such accrued costs shall be grounds for suspension of processing, and in no case will building pennits be issued until all costs associated with case processing have been paid. CITY OF ASPEN LIC By: 321 h &\CE Julie Ann Woods ,..#' -3-hy.-*Lf- S Al . hA c Gs,A.k- 4 ikf~35~ Community Development Director Ilatpf F </.6 6, , ze u 't 4/ Billing Address and Telephone Number: *$2,805 includes $2,620 Planning Office Deposit Required for 12 hours of staff time plus the $185 Engineering Dept. fee. JNM Bleeker Street, LLP c/o James N. McGarvey, Jr., Partner 432 Osceola Avenue Jacksonville Beach, FL 32250 (904) 247- 9160 PUBLIC NOTICE RE: MCGARVEY SUBDIVISION NOTICE IS HEREBY GIVEN that a public hearing will be held on Monday, June 28, 2004 at a meeting to begin at 5:00 p.m. before the Aspen City Council, City Council Chambers, City Hall, 130 S. Galena St., Aspen, to consider an application submitted by JNM Bleeker Street, LLP (c/o James MeGarvey, Jr., Partner), represented by Haas Land Planning, LLC, requesting subdivision approval to subdivide an existing lot into two single-family lots and utilize the development rights from the demolished, existing single- family to construct two single-family residences. The address of the subject parcel is 433 West Bleeker Street and is legally described as Lot 1 Strandberg Lot Split (a/kja Lots A-D & W h Lot E, Block 37, Townsite of Aspen). For further information, contact Scott Woodford at the City of Aspen Coinmunity Development Department, 130 S. Galena St., Aspen, CO (970) 920-5102, (or by email at scottw@ci.aspen.co.us). s/Helen K. Klanderud, Mayor Aspen City Council Published in the Aspen Times on June 5,2004 City o f Aspen Account -. .u.-E R f,h --" -4-4--â„¢-P.--'- -IWEIIL --- "'J ' '44~ .-I--.4-0..$--4. O PM t> ------â€ž--- -*44.6.72= ~MMUNITY DEVELOPMENT - --- er , *,) te JUN 49' 130 S. GALENA STREET ASPEN, CO 81611 Uy:DILIVER.ABLE AS ADDRESSED RETURN TO SE.HDER :* , Â·Â·Â·Â·Â· Â·r HOUGH JENNINE 265 BRIGHTON RD NE ATLANTA, GA 30309 81611 *&30*%Â¥922 i| I, 111â€žli! lit,111||! ,}1' 3,!)),1,31|'15 ;t'ill 11|1 1|| 1 11| 1 111| FEB-18-04 MON 08:02 PM MOGARVEY COMPANIES FAX NO. 9042479163 2, 01 MeGarvey Residential Coinmunities 432 Osceola Avenue Jacksonville Beach. FL 32250 (904) 247-9160 Fax (904) 247-9163 www,inegarve, commullities.Coin FACSIMILE TRANSMITTAL DATE: ~1- ~ U:Â«Â·- e <~ TO: FAX # k\.2 1-1 FAX # FROM: 274/ No. OF PAGES INCLUDING THIS COVER SHEET: *_3 HARDCOPY TO BE SENT BY MAIL: YES 0~ NO MESSAGE: D--gel -s te,~u,2-=1 pigp #fl-f 4--1 A-\ ,- Bj.-tur- 94-4,1--LD. d V CONFIDEN'11.41 1TY NOTE 1*hc page: accon,panying thi: fiesimile v:.nsmisi:on may contain Information thai ls ccnfidentÂ·.al or yriÂ¥,1Â¢â‚¬cC. -1 he inferination 15 it';E nted to be f~r the wÂ¢ c f the individu:,1 or vill ity r,.incd on tkis cover letter, if ye.1 are nor tlic 13Â·it;:NIcd recip~ell!. be awarÂ¢ thal any di,closu, 0, copving, dist: ibuti in or \'se ofthe CONÂ¢t, ts Of thB in formation is prchibi ed. , f you hav: gaccived,lits filaimile .n crror, plca:c vol. 6 Js by t:kphone '11-lnladiately. If tlierc 15 any prob':rn wil'i t?'ic Jan,Sill.';SiOA. r ]:-5 2 :}11| ia teerl aS pOSSill le :O (904) 247-9160. M5AGef le\4{5(~0,-1 Atful CA-502 HAAS LAND PLANNING, LLC 201 NORTH MILL STREET SUITE 108 ASPEN. CO 81611 External Media Located Here 1.- 7- M-001136 ~f MEN-' 1 44.*, t 1 1 RMMI Af:E 19 1154 11Â·80 MC954â€¢ BLEEKER (74Â·78 FEETWIDE) STREET Â·Â· f CURS 4- GuTTER yvÂ»-1.k 0 5 10 20 30 40 5p 1 1 1 1 SCALE: 1" = 10' ...r/Â«AX - o 24"WILLOW 18" BLUE SPRUCE ~~ SPRUCE Â· 9 0 40' H. 15'S 40'H. 15' S 40' H. 25'S. % BASIS OF BEARING; FOUND MONUMENTS AS SHOWN. i 3 902 - 1 1 - 5 t'Â·LA~ #. .*7Â·Â·VE#AR 5 Â·CAP FOUND: REBAR 8 CAP j FOUMP ENY MO#utiNT 5 75Â©09;mi '~E .3.9600 , - 1 , , , , ' UTE-2- L3--5533 ..41 60Â·00 Â·! J' 85Â·00 . 1 1 - h ..v I /# i WATER f 1 ~ . 13" E.LUE SPRUCE 0 ~~4929. 1 VICINITY MAP 9 : 1 iv- 71' 1; D- 1 r'"7 0001 0 0. Â·1 q,c,m~Â§*.0/9#$/M.*0/';/:...I- 16" BLUE SPRUCE 0 h 30' H. 10' s. f L... ;r La-Â· -' 1 - - -- - 1 jf \ 9 4% 40' H. 12' S. 0.,~ i i . r--.- v / LE.yeli - 79-3./.*9Eff./.P,F&/1.#1& Â· /' -71Â· r - . ~.... . 7 . -1 - / //./. -1.,1, , .2 40#22*3%~1 1-9-1 4 - z - , ~0091-26-1 7%9 AE-1 LE*YEri.S;~~~~ vi 642 ... Â· - 1 1 k 18" BLUE ~ h MALLAM r Â· - /7 ' - - Â· 1 LAKE . CL L 1 . - 1 -- r 2-/*569-/=**s' ASPHALT * c>RIVEWAY ~,~ ., ' -'S+Â·c,: ~ ~~ ..-,. - ~ - 1 i /244/3 2~*Â· . , - 1 2.EBAÂ© as 43:E smÂ·%'- or,ED: 49 Â· ir C . . 1 CL ' 2% ~**#7-J Avcrz<Q L __, -.__.-.,Â·346*~~*.6Â£44-i: - Ir ==f \<@2? Chlll'A 2 E .1 il 1 . 1 2 . 1 $ !Â© . 3 0 f 1. 1 1 j 1 ~1 013 5.- - 1 1 -Mw 2-8"<RSO 0 7 -2 Â£- di-- i.. -Â·~ i.ile ,/. I. ~ ~--4 . ~ ~~ -1 O *Â·i.* ***She=-Â· '102/Ers//200*-â€¢Ir'Ki i )14.15 8 r -1 .. 1 2 2 1 8.. Â·Â·- 5% 0 02-6'4FIRS f a .':- - . - ,, . %44*644#47.4360*65*J ABARIbi.*debie@!2~ai=640-ki I <3Â· CAÂ«/ ' LOT 1A LOT 1B 7,500 SQ. FT. ..1. 6,000 SQ. FT. t. (Lots A, B, and the westerly half of Lot C, i. - ~1 (The easterly halfof Lot C, all of Lot D, and - ' the westerly half of Lot E, Block 37, City Block 37, City and Townsite ofAspen) k66644-b66*46-...Â·..=AAAdWr.WA and Townsite of Aspen) 012 FIR W E . LOT 2 *1 , ' 1 6000 SQ. 1. . 0 - 4 094 F r 018"FIR G 8 8% CL : .9-4 L<-f W ... rd # - . 3 -t i <51- + I ? I j Â£*.2 -- 1 A f 0 10" FIR 2 6.-11 o }8.1 F.)2 3 . ' i . . . 4-*1 - 4 44* Fl.Re C 1 0.*** ftiv Â£ I: 2 06"FIR l* 5 5 L -li i Oâ‚¬:FiR - Plat Notes: : 1 -44,97 BASIS OF BEARING " I 1. This MeGarvey Subdivision Plat has been prepared pursuant to and in accordance with City Council 3 e -74 -'~-------*-_ 8-750090!j"W RECDRD 195 00 FIELD :94Â·95 e L Â·- m Â·,4 L.S. 9184 Ordinance Number (Series of 200_1 r P r planning and Zoning Commission Resolution Number , and the MeGarvey Subdivision Improvements Agreement (SIA) recorded as Reception No. . The lands affected by this Plat are OSEWER MANH0LE subject to the terms and conditions of said approvals, 0<Ill ALLEY ( 20Â·39 FEET WIDE) BLOCK 37 the terms and conditions of the SIA, and by all 96 ct:*6 applicable Land Use Regulations of the City of Aspen. U) 00.-CE9 The terms and conditions of said approvals, of the SIA, O 4- N 0162= 01- and of this Plat shall run with the land as covenants -1 E.2 2% burdening the same. 2. This McGarvey Subdivision Plat amends Lot 1, .Â¤Â·Â¤Bdm CITY OF ASPEN SUBDIVISION PLANNING AND ZONING CERTIFICATE OF TITLE PROPERTY DESCRIPTION Strandberg Lot Split according to the plat thereof .2 .@ 2 g-% recorded in Plat Book 14, at Page 1. APPROVAL AND ACCEPTANCE COMMISSION APPROVAL TITLE INSURANCE COMPANÂ¥ A LICENSED ALL OF LOTS A, 5, C,D, AND THE WEST HALF OF LOT E, TITLE INSURANCE COMPANY AUTHOREZED TD DO BUSINESS BLOCK 37, ORIG)NAL ASPEN TOWNSITE, PITKIN COUNTY, 2 0 1 -*2 THIJ SUBDIVISION PLAT OF THE McGARVEy SUBDIVISION WAS TKIS SUBDIVISION PLAT OF THEMcGARVEy SUBDIVISIONWAS IN THE STATE OF COLORADO HEREBY CERTIFIES THAT- TRANS- COLORADO. 3. The existing residential structure depicted hereon shall ACCEPTED BY THE CITY' COUNCIL OF THE CITY OF ASPEN, 1 APPROVED BY THE CITY OF ASPEN PLANNING AND ZONING AMERICA TITLE NSURANCE COMPANY' HAS EXAMINED THE be demolished prior to development of the McGarvey THIS...........--DAY OF.... .... ... .., COMMISSION THIS-----_--_--__--_DAY OF__-----____---_-. RECORDS OF THE COUNTY CLERK AND RECORDER OF PrI-KIN COUNTÂ¥, COLORADO AND HEREBY CERTIFIES UP Subdivision lots. Development on Lots lA and lB, as WE TO THAT -TITLE TO THE FOLLOW- shown hereon, shall comply with the requirements of _1 ING DESCNIBED REAL PROPERTE SITUATE IN THE COUNTÂ¥ the underlying zone district, unless variances are duly Â¤, KATHRYN S. KOCH CHAIRMAN OF PITKIN . STATE OF COLORADO IS VESTED IN, c obtained. CITY CLERK MAYOR ' ~ IN FEE SIMPLE, TO WIT : ~ _ 4. Development on Lots lA and lB shall be subject to the ALL OF LOTS A, 8, C, D, AND THE WEST HALF OF 1-OT E BLOCK 37, CITY AND TOWNSITE OF ASPEN SAID TITLE TO terms and provisions of Section 26.470.070(13)(1) of the E LOTS A, B, C AND D, AND THE \NEST HALF OF LOT E,BLOCK Aspen Land Use Code, and as may be amended from 4 57, CITY ANn TOWNSITE OF ASPEN WAS VESTED IN BN'' WARRANTY time to time. CITY ENGINEER'S APPROVAL PARKS'APPROVAL _ DEm_RECQRDED _ __ -_ CLERK AND RECORDER'S a ACCEPTANCE THIS SUBDIVISION PLAT OF THE McGARVEy SUBDIVISION THIS SUBDIVISION PLAT OF THE MeGARVEY SUBDIVISION WAS APPROVED BY THE CITY' ENGINEER OF THE CITY OF WAS APPROVED BY THE DEPARTMENT OF PARKS. CITY OF Q m THIS SUBDIVISION PLAT OF THE McGARVEy SUBDIVISION ASPEN THIS-----_.-.........DAY OF._............. , WAS ACCEPTED FOR FILING }N THE OFFICE OF THE CLERK DATED THIS ____.....IDâ‚¬f OF..........._, __ AT ASPEN, COLORADO. AND RECORER OF PITK! N COUNTY, COLORADO, AT_.---O'CLOCK .._.M.,THIS-__-__......DAY OE_._ C]TY ENGINEER 6#12+68--- IN PLAT BOOK-__.KT- PAGE........,AND THE SUBDIVISION U TITLE. INSURANCE 00. AGREEMENT RECORDED }N BOOK_-__ ..KI- PAGE..... _.. - ---- -- -- -- - -- -Pit-RiN--860-NÂ¥92Â£-EER 9*EAP--J. HIGENS AKID RECORDER. NOTICE A.coming 10 Colorado !,w 901 ni:,51 < om""tÂ·n, iÂ· apy IN"; .":tin, Surveyed Revisions Title Job Nc t)"ed l,PorÂ· imy ilâ€¢31,â€¢(tinthÂ·Â·4 ":veywittiunÂ·Â·x y'Â·Ar Â·:1!!,0 /8,1 1.fbi r.â€¢54.'>w, Drafted Client Sl;Ch defect In rÂ·O event may an,yact,(.1, has,â€¢di,Don.,fly'liâ€¢*(,rtin Il" " A, > Decommenced inorethanten years fr<>mt!,â€¢,dat,Â·Â·.311â€ž1),lificabof ;51â€ž19 Ii,reon .i' FOURTH ( 75Â·66 FEET WIDE) STREET 1Â¥,f~I,mr, /Â·â€¢Mu,â€¢lud,*Â·,IrÂ·4:ri:.* uoul 49 00 m,mscM)~Imwlm#*..=%..M.*.&.*w....0* ./r./.'. 1,-AE" m-*,#a IVId NOIS[AICI C L 36ed le '17 I, e 841 0, Bu! .loooe) opeloloo 'u fEJ Fitic-Â£ Â°i eouituapi iaojed = 6 .40 440 4, Nd p' 6* b=4 =4 â‚¬, 1 11 14 , I 1 /;/ .1.11,-hi .5 jot No 82- 97 Ak#ne Surveys Sur-ed .juLy 22., +SGZ. :-:-*, .m, STRANDIEPS LOT z>PUT . 4 - 0-ted AU{385-10 5. 2~981. 4 0/4 grreA#In}RE,-2 90. 3 ./ Aspen, coÂ»redÂ© ste#.1 ~~ ~~* ~ ~ - --...5 Post Offke Box 1730 303 Â·925 2588 t y :,1Â·90 ... i ~Â¥t..~11 - I r. 179 11 11- 91Â· .'.i~-,3 U_.2 1;~*L ./ .A~k ..2 b J *k 44 rs:C ' 4-' F.90 DI 1 1 11 .1 7 11 1 Ir - -~ y - 4 b * W.-:4. -*,- . fÂ·'L Â·'Â·3Â·.' h 'i?J. g' ~ c. ;. Â·~ -2-7 7 1-2 Â·.u Â· 0 1.'.rr~ , 0 Â» . 7 - ., 1. ... '. I Â· r I 4 *. W ' 1 . I . I _I- A.. 4 02?'Nilf:ERTW~~ ~N~~*io~rimt:,E~EWIEiW~2iDWo~. 'fÂ·99,~F N W-~- E S --. 0 9 to. 6 20' BACK OF CURB SCALE: 1"=10' IVES, BL. FLAGSTONE WALK STREET - CULVERT 10. 25Â·2' 135.00. E 60.00' 2 .ASPHALT- D I VEWAY . . i .... â‚¬' O 25.2 Â· -... -10:.--::. 0 I. '4 a. '0 0. # ----------------- : 8.0. 09'11"E P O . 4 ~ 5 SINGLE-STORY BRICK HOUSE S 75Â° .. e. * . 0 /6.0 --- 2 1 1 0 1 1 16.0. -I.'. 1 20.0. E 1 . 76 Ch . 0 OO 29.2 2 . -- \ LOT 2 LEGAL DESCRIPTION A~Â·~ Â· LOTS I AND 2. STRANDBERG LOT SPLIT. CITY 1 OF ASPEN, PITKIN COUNTY. COLORADO. 9. /.'k- CULVERT LOT 1 0 1 3500 SF . 7 O : 29 00 I -- 0 0 -ill - IMPROVEMENT SURVEY CERTIFICATE -............. 91 - 0 1 HEREBY CERTIFY THAT ON NOVEMBER 20. 2003 A SURVEY WAS PERFORMED BY NE ON THE PARCEL OF LAND 135.00' ' Â· DESCRIBED HEREON. A SINGLE-STORY BRICK HOUSE WAS FOUND TO BE ON SAID PARCEL AS SHOWN ON PLAT. ALL EASEMENTS. ENCROACHMENTS AND RIGHTS-OF-WAY IN EVIDENCE OR KNOWN TO NE ARE SHOWN. THIS THIS SURVEY IS TRUE AND .,C~RECT TO THE BEST OF MY KNOWLEDGE AN D B EL 1 EF . 11 + .. .......... - P "39'i.*24% 4% REGLB El/2 Lot G ............. 8. ..NE*-Â° 264 41. 02 1 -- ..A e ALLEY .... h..... . LEGEND*~~"AND NOTES .. 44.Â¥.AL Lk?&00% . .... Â· G FOUND ALUMINUM CAP ....... - FOUND REBAR & CAP L.S. 9184 FOUND REBAR & CAP PE & LS 5933 FOUND *5 REBAR SET REBAR & CAP L.S. 14111 - ---- TELEPHONE PEDESTAL .-....... 1 LIGHT POLE D CA TV PEDESTAL WJ ELECTRIC METER ' ~ SEWER MANHOLE IMPROVEMENT SURVEY --Â·-----Â·Â·Â·Â·EDGE OF ASPHALT ROAD , 433 WEST BLEEKER STRET LINES IN SPACE ---- DI TCH CENTERL INE ASPEN. COLORADO LAND SURVEYS .- FENCE LINE BY: LINES IN SPACE ~ SYDNEY LINCICOME ( L.S. 14 1 11 ) 1 BOX 13 CARBONDALE COLO. 970-963-3852 DATE: 11/26/03 SCALE: r - 10' JOB NO.: 03-E BLEEK433 STREET FOURTH 0(De 08* 10733 COMMUNITY DEVELOPMENT DEPARTMENT 130 South Galena Street Aspen, Colorado 81611 (970) 920-5090 City of Aspen Land Use: ro 0 1 131041 Deposit 131042 Flat Fee 131043 HPC 131046 Zoning and Sign Referral Fees: 013 151163 City Engineer , V 251205 Environmental Health 237001 Housing Building Fees: 211071 Board of Appeals 211072 Building Permit 211073 Electrical Permit 211074 Energy Code Review 211075 Mechanical Permit 211076 Plan Check 211077 Plumbing Permit 211078 Reinspection 211079 Aspen Fire Other Fees: 111006 Copy 111165 Remp Fee 601303 GIS Fee 231480 Housing Cash in Lieu 111165 Open Space Cash in Lieu Park Dedication Parking Cash in Lieu School District Land Ded. Code Sales (Joint) Contractor Licensing (Joint) -11 -1 7,0 .1 TOTAL NAME: '4/r, Alll.( 4 44 2(>,liti, /"C. / ty ADDRESS/PROJECT: PHONE: CHECK# CASE/PERMIT#: 00(n Jag AM F COPIES: DATE: ,/ /.. 9 INITIAL: